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Aberdeen University 
Studies ! No. 24 




Sheriff Court of Aberdeenshire 



University of Aberdeen. 

COMMITTEE ON PUBLICATIONS. 

Convener : Professor JAMES W. H. TRAIL, F.R.S., Curator of the University 

Library. 

UNIVERSITY STUDIES. 

General Editor: PETER JOHN ANDERSON, M.A., LL.B., Librarian to the 

University. 

1900. No. i. Roll of Alumni in Arts of the University and King's College of Aberdeen, 1596- 
1860. Edited by P. J. Anderson. 

,, No. 2. Records of Old Aberdeen, 1157-1891. A, M. Munro, F.S.A. Scot. Vol. I. 

,, No. 3. Place Names of West Aberdeenshire. James Macdonald, F.S.A. Scot. 

1501. No. 4. The Family of Burnett of Leys. George Burnett, LL.D., Lyon King of Arms. 

,, No. 5. Records of Invercauld, 1547-1828. Rev. J. G. Michie, M.A. 

1902. No. 6. Rectorial Addresses delivered in the Universities of Aberdeen, 1835-1900. P. J. 

Anderson. 
., No. j. The Albemarle Papers, 1746-48. Professor C. S. Terry, M.A. 

1903. No. 8. The House of Gordon. J. M. Bulloch, M.A. Vol.1. 
,, No. 9. Records of Elgin. William Cramond, LL.D. Vol. I. 

1904. No. 10. Avogadro and Dalton: The Standing in Chemistry of their Hypotheses. A. N. 

Meldrum, D.Sc. 

No. i-i. Records of the Sheriff Court of Aberdeenshire. David Littlejohn, LL.D. Vol.1. 
,, No. 12. Proceedings of the Aberdeen University Anatomical and Anthropological Society, 

1902-04. President, Professor R. W. Reid, M.D., F.R.C.S. 

1905. No. 13. Report on the Alcyonaria collected by Professor Herdman at Ceylon in 1902. 

Professor J. Arthur Thomson. M.A. and W. D. Henderson, B.Sc. 
,, No. 14. Researches in Organic Chemistry. Professor F. R. Japp, M.A., LL.D., F.R.S., 

William Maitland, B.Sc., Joseph Knox, B.Sc., James Wood, B.Sc. 

No. 15. Meminisse Juvat: with Appendix of Alakeia. Alexander Shewan, M.A. 
,, No. 16 The Black/tails of that Ilk and Barra. Alexander Morrison, M.D. 

1906. No. 17 Records of the Scots Colleges at Douai, Rome, Madrid, Valladnlid, Ratisbon. 

Vol. I. P. J. Anderson. 
,, No. 18 Roll of the Graduates of the University of Aberdeen, 1860-1900. Colonel William 

Johnston, C.B. 
,, No. 19. Studies in the History and Development of the University of Aberdeen. P. J. 

Anderson and others. 
,, No. 20. Studies in the History and Art of the Eastern Provinces of the Roman Empire. 

Professor Sir W. M. Ramsay, D.C.L., and pupils. 

,, No. 21. Studies in Pathology. William Bulloch, M.D., and others. 
,, No. 22. Proceedings of the Aberdeen University Anatomical and Anthropological Society, 

1904-06. President, Professor R. W. Reid, M.D. 
No. 23. Subject Catalogues of the Science Library and the Law Library in Marischal 

College. P. J. Anderson. 

No. 24. Records of the Sheriff Court of Aberdeenshire. David Littlejohn, LL.D. Vol. II. 



4 



Records of the 

Sheriff Court of Aberdeenshire 



Edited by 
David Littlejohn, LL.D, 

Advocate in Aberdeen 
Sheriff Clerk of Aberdeenshire 



Volume II. 
Records, 1598-1649 




Aberdeen 

Printed for the University 
1906 



) \ 




Preface 

The present volume will be seen to differ from its predecessor 
in more than one respect. Although the method adopted there 
of using separate columns had much in its favour, and was com- 
mended in many quarters, it was, in the matter of space, obviously 
wasteful. After much consideration, and with reluctance, it was 
abandoned in favour of a mode of dealing with the material, which 
enabled the writer to cover more ground. It will also be 
observed that the proportion between the Tables of Contents and 
the Illustrative material has been greatly altered, the reason for 
curtailing the latter being that examples of Sheriff Court work in 
the 1 6th century, are much more rare than those in the i;th. 
This volume has thus even more of the character of a Dictionary 
or Digest for reference, than the former had. 

At an early stage the problem had to be faced of whether 
anything in the way of selection was to be attempted, or whether 
the work should really take the shape of a complete and 
exhaustive Table of Contents. It was quite certain that to 
adopt the latter plan, was to run the risk of printing a good deal 
which might not prove specially useful to any one. On the other 
hand, were the plan of selection to be followed, it was clear that 
the originals would still be, as regarded the omitted material, 
sealed books, leaving it open to searchers to say that what they 
particularly desired to have, might have been left out. The 
arguments in favour of a full Table of Contents prevailed, and, 
although the knowledge that much of what was being produced 
might turn out to be comparatively valueless, made the Editor's 
labour all the more burdensome, he was sustained by the hope 



Vll 



Preface 

that among the 4000 or 5000 separate entries, which have been 
dealt with, investigators might find something that was of interest 
and value to them. 

At the last moment it was found that the material in the 
printer's hands would make too bulky a volume, so the part 
covering the period of the Commonwealth's rule in Scotland was 
left out, and will form part of the third or Index Volume, which 
is in course of preparation. 

D. L. 



Vlll 



Table of Contents 



PAGE 



Introduction ........... xiii 

PART I. RECORDS 1598 TO 1649. 

Diet Books, Vol. VI., 1598-1621 I 

Do., do., Table of Contents ...... 3 

Do., do., Illustrative Example : 

A Michaelmas Head Court . 9 

Diet Books, Vol. VII., 1603-4 13 

Do., do., Table of Contents . . . . . .15 

Do., do., Illustrative Example : 

Criminal Indictment and Trial ...... 25 

Diet Books, Vol. VIII., Part I., 1603 29 

Do., do., Table of Contents 31 

Do., do., Illustrative Examples : 

Proceedings relating to Occupancy of Land .... 42 

Criminal Proceedings 45 

Diet Books, Vol. VIII., Part II., 1600-22 

Do., do., Table of Contents ...... 49 

Minute Books of Judicial Enactments, Vol. I., 1605-8 . . .81 

Do., do., Table of Contents 83 

Do., do., Illustrative Examples : 

Assythment 116 

Act of Eviction and Possession 118 

Diet Books. Vol., IX., 1607, 1619, 1620 119 

Do., do., Table of Contents 120 

Do., do., Illustrative Examples : 
Action of Removing Procedure . . . . . .130 

Delegation of the Office of Tutor 132 

Trial for Manslaughter and Assault 133 

ix 



Aberdeenshire Sheriff Court: 

PAGE 

Minute Books of Judicial Enactments, Vol. II., 1608-14 . . -135 
Do., do., Table of Contents . . . . . .136 

Do., do., Illustrative Examples : 

Proceedings relating to Occupancy of Land .... 203 

Revocation of Deeds granted in Minority .... 205 

Appointment of Curator at Litem 206 

Decree Books, Vol. II., 1617-18 207 

Do., do., Table of Contents ...... 208 

Do., do., Illustrative Examples : 

A Bride's Tocher ......... 232 

Value of Glass Windows ........ 232 

Pig-sticking in Strathdon ........ 233 

Master and Servant. Breach of Agreement .... 234 

Decree in Supplement. Price of a Horse .... 235 

Minute Books of Judicial Enactments, Vol. III., 1619-28 . . 236 

Do., do., Table of Contents ...... 237 

Do., do., Illustrative Examples : 

Cautionary Obligation. Conditions of Tenancy . . . 297 

Disposition of Moveables by a Mother to her Son . . . 298 

Renunciation by a Daughter of Succession to her Father . 299 

Entries relating to Dr. Arthur Johnston, his Affairs, and Family 299 

Harrows Croft, Aberdeen .301 

Birth Breives 302 

Chair of Mathematics Marischal College ..... 303 

Daughter choosing Curators with her Father's Consent . . 304 

Minute Books of Judicial Enactments, Vol. IV., 1628-33 35 

Do.. do., Table of Contents 306 

Do., do., Illustrative Example : 

Birth Brieve .......... 332 

Diet Books, Vol. X., 1629-1634 ' . . 333 

Do., do., Table of Contents ...... 334 

Do., do., Illustrative Examples : 

Revocation of Indenture ........ 339 

Appointments of Sub-Bailzies, Factors, &c 339 



Table of Contents 

Diet Books, Vol. X., Illustrative Examples (Contd.) : PAGE 

A Case of Lawborrows 340 

Appointments and Admissions of Sheriffs and Court Officials 341 

Admission of Advocates in Aberdeen 343 

Decree Books, Vol. III., 1631-34 345 

Do., do., Table of Contents 346 

Do., do., Illustrative Examples : 

Wages of a Herd 384 

Decree for Implement. Innominate Contract .... 384 

Decree of Supplement ........ 386 

Decree for Recovery of Escheated Estate .... 387 

Damage to Crop. Outgoing and Incoming Tenant. Custom 

of the Country ........ 390 

Decree Books, Vols. IV, V., VI., and VII., 1634-42 . . . 392 

Vol. V. Table of Contents ....... 393 

Do. Illustrative Examples : 
Decree of Supplement. Trespass of Cattle, &c. . . .421 

Decree of Delivery. Plate, Jewels, Furnishings, Clothing, &c. 422 

Decree for Borrowed Money. Sick Certificate, &c. . . 424 

Decree of Warrandice and Relief. A Stolen Ox-Hide . . 425 

Vol. VI., Table of Contents ....... 427 

Do. Illustrative Examples : 
Breach of Arrestment . . . . . . . .458 

Deterioration of Buildings. Conditions as to Housing of Cattle 

for Manure . 459 

Loan. Ticket payable to Bearer. Prussian Guilders . .461 

Burial Dues and Penalties 461 

Spuilzie of Cattle, &c. ........ 462 

Bonds of Thirlage ......... 463 

Not entering as Cottars. Damages 465 

Vol. VII., Table of Contents 466 

Do. Illustrative Examples : 

Rent, &c 487 

Supplement. Fines for taking Peats. Absence from Court, &c. 

xi 



Aberdeenshire Sheriff Court 

Decree Books, Vol. VII., Illustrative Examples (Contd.) : PAGE 

Horse Sickness, Liability of Neighbour 489 

Removing. Objection to Sheriff Depute. Procedure . . 490 

Decree Books Vol I., Part II., 1633-44 49 1 

Do., do., Table of Contents 492 

Minute Books of Judicial Enactments, Vol. V., 1638-48 . . . 496 

Do. do., Table of Contents 497 

PART II. OFFICIALS 1600 TO 1649. 

The Sheriffs 521 

The Sheriffs-Depute 533 

The Sheriff Clerks 537 

The Procurators Fiscal 539 



General Introduction 

In the Introduction to the former volume it was stated that 
there had come down to us one volume of Court proceedings, 
beginning in the sixteenth century and ending in the seventeenth, 
and thirty-five volumes belonging wholly to the seventeenth 
century, making thirty-six in all. Sixteen of these have been 
dealt with in the present volume, the method adopted being as 
formerly a brief description of the particular book or books 
followed by a Table of Contents and an Illustrative Example or 
Examples. It ought perhaps however to be noticed that in the 
case of Vol. IV. of the Decree Books which contains merely 
interlocutory procedure, no Table of Contents has been framed 
and no examples given, so that the number of books exhaustively 
dealt with number fourteen ; but to these must be added Part II. 
of Vol. I. of the Decree Books containing Decrees of Transumpt 
from 1633 to 1 644.' These Books, as will be seen, not only 
differ greatly in character, but the contents of volumes bearing 
the same titles have been found to be markedly dissimilar. This 
feature need only be alluded to in this place, as it is dealt with in 
some detail in the descriptive paragraphs prefixed to individual 
volumes. 

The loss of most of the original Diet Books actually kept by 
the Clerk at his table in the Court, and from which transcriptions 
by way of specialization appear to have been made into other 
books, many of which have also disappeared, has deprived such 

i It is also proper to point out that a bulky Vol. containing Decrees from 1642 to 1649 
and another containing Interlocutory entries for the same period, had to be passed \iy pro tern. ; 
but with these exceptions the Court Books to 1649 have all been taken up. 



Aberdeenshire Sheriff Court : 

a work as the present of much of the interest and colour, which 
the existence of complete records would have ensured. From 
what remains there may, however, be gathered some gleanings, 
and it is the purpose of the writer in the few sentences that follow 
to direct attention to a few of these. 

Entries relating to Crime 

To the considerable number of persons who find criminal 
trials of absorbing interest these records must prove more or less 
of a disappointment. Fortunately the preservation of fragments of 
the original Diet Books for 1603, '4, '7, '19 and '20, supplemented 
by occasional entries in the earlier of the Minute Books of 
Judicial Enactments, has secured to us some examples of crime 
and its punishment. The entire absence of cases of the kind 
after the earlier years of the century can only be accounted for 
by the entire loss of the Criminal books, the existence of which 
at a later time is clearly established by a memorandum of the 
Sheriff Clerk in the year 1647 (P- 5*6 infra]. 

There cannot, however, be in existence many such complete 
examples of a Sheriff Court Indictment in the earliest years of 
the seventeenth century as has been found on 22 February, 1603, 
and reproduced as an Illustrative Example from Vol. VII. of the 
Diet Books (infra p. 25). John Kid and John Litiljohne (names 
elsewhere in history, and in the pages of romance identified with 
lawlessness, although not incapable of being found, it is hoped, in 
combination with respectability) were evidently in the opinion of 
their neighbours on the jury, not only guilty of a number of the 
charges laid against them, but of being notorious thieves and 
brigands, and deserving, in the opinion of the Sheriff-Depute who 
presided, of the very unusual sentence (in the case of men) of 
death by drowning. It will be observed that the jury in that case 



XIV 



General Introduction 

numbered twenty-three, two of them from Kincardineshire, and 
most of them either neighbours of the accused or residing at or 
near the places referred to in the different charges, and also that 
in several of the points of dittay, there was embraced a statement 
or indication of the evidence which was to be relied upon for 
proving them. 

Space will not permit of any further detailed notice of the 
criminal trials by jury, noticed in the Tables of Contents, or repro- 
duced among the Illustrative Examples, but the case of Meldrum 
(p. 133) may be referred to in a word as an additional evidence, 
if such evidence were necessary, to shew that juries were at that 
time invariably drawn from among the neighbours of the accuser 
and accused, and neighbourhood of the alleged crime. That case 
also may be taken as an illustration of the almost ludicrous dis- 
proportion that obtained between the fines imposed, and payable 
to the Procurator Fiscal for behoof of the Sheriff, and the sum 
awarded to the injured party, as damages and solatium. In 
Meldrum's case the fine was ^50, only ^5 being awarded to the 
injured party. 

Several cases of Acts of Caution to secure the appearance of 
persons accused of witchcraft will be found among the Judicial 
Enactments ; but no case of a trial for this crime has been found 
in these records. 

Abundant evidence of the prevalence of violence and blood- 
shed will be found, and special reference may be made to the 
existence of a feud between families of the names of Elmslie and 
Chessor in the neigbourhood of Kintore in 1609 (pp. 144-5), 
to the attack upon the schoolmaster of the same Parish on 20 
April, 1610 (p. 156), and to the case, under date 6 May, 1612 
(p. 179), in which Gilbert and Henry Bartlet were charged with 
pursuing another man, with drawn swords in the church of Kinkell, 
upon the Sabbath day. 



XV 



Aberdeenshirc Sheriff Court : 

The great importance that was attached to the early healing 
of blood feuds will be found illustrated by two examples (pp. 1 16- 
17) of Bonds or Agreements for Assythment, one of which 
especially is characterized by a certain charming quaintness of 
language. 

Passing from Crime to what may be called quasi Crime there 
will be found numerous examples of Lawborrows, Breaches of 
Arrestments, Deforcements, and such Statutory offences as the 
taking of salmon in forbidden time, and the cutting and destroy- 
ing of green wood. The number of cases of illegal fishing 
occurring in the course of a few months in the year 1604, and the 
very great number of persons involved, lead one to the conclusion 
that in the County of Aberdeen, the statutes upon the subject 
were at that time more honoured in the breach than the 
observance. 

Passing from Crime, an attempt will now be made to 
summarize some of the outstanding features of the mass of cases 
on what may be called the Civil side of the Court, or in other 
words, and in default of a more satisfactory title, 

Civil Procedure 

The question has sometimes been asked, whether there was 
in these old Court Books anything which would throw light upon 
the social condition and status of the people at the time. The 
answer has been " Not much," but it has occurred to the writer 
that in the class of cases called Decrees in Supplementumjusticiae, 
may be found material for drawing a picture of the position of the 
occupiers, and especially of the smaller occupiers of land, in 
relation to those above them, and to the administration of justice. 

The case of Mr. Gilbert Keyth, Minister at Skene, against 
Thomas Law in Little Finnersie (24 July, 1633, p. 386) may be 
taken as an example. Mr. Keyth was the proprietor of the third 

xvi 



General Introduction 

part of these lands, and unless the lands of Finnersie were very 
much more extensive at that time than at the present day, the 
third part of Little Finnersie (there being also a Meikle Finnersie) 
cannot have extended to much more than a few fair-sized fields 
of our own time, and the tenant's house cannot, in all probability, 
have been much more commodious than what County Officers of 
Health would now consider an insanitary hovel. Mr. Keyth being 
of opinion that his tenant was behind with his rent, proceeded to 
appoint another Keyth to be the Bailie of his lands, a Notary 
Public to be a Clerk of a Court of the lands, a third Keyth to be 
the Officer of the Court and a fourth person to be the Dempster of 
the Court. Accompanied by these officials, who were his nominees, 
the Minister, in his capacity of Laird and Pursuer, proceeded to 
the tenant's house, and then and there constituted a Court of the 
lands, and either then and there, or subsequently, caused to be 
embodied in a formal Act of Court, the proceedings that were 
said to have taken place. It may be safely left to readers to form 
their own opinion as to the tenant's chances of a fair hearing or 
of successful pleading in a Court so constituted. It may be 
concluded that the tenant was not satisfied (although he was said 
to have confessed) because he immediately left the lands, taking 
his effects with him, and so rendering it impossible to put the 
Decree to execution. His doing so might mean a dishonest 
attempt to evade payment of an honest claim, but there is 
evidence in other parts of these records that, when a defence 
was subsequently offered in the Sheriff Court to similar decrees 
modifications were obtained as a result. l It may be observed 
moreover, that the prices awarded to the minister by his Court 
were materially in excess of the Fiars Prices for the crop 
in question. This particular incident has been special'y noticed 

I In the case of Cheyne v. Gellan (p. 369) where the Defender was said to have confessed in 
the Burgh Court that he was due 12 bolls of meal, the result in the Sheriff Court was a Decree 
for a little over 3 bolls. 

xvii 



Aberdeenshire Sheriff Court : 

as illustrating the very subservient and almost hopeless position 
of an occupier of the soil in the position of this Thomas Law, in 
a dispute with his landlord. 

These Decrees of Supplement suggest another line of 
thought. At an earlier date the tillers of the soil were to a 
large extent astricti glebae, fixed like limpets to a rock, and 
the writer cannot recall a single Decree of Supplement in the 
sixteenth century. The earliest found, occurred in February, 
1603 (p. 33). From that date onwards there was an increase of 
these cases, at first slow, but rapidly growing t until their number 
was considerable. The meaning of this was, that greater move- 
ment was taking place among the tillers of the soil than had 
formerly obtained. The coming of the Reformation, which had 
stirred the national life, had also brought with it impatience of old 
limitations and restrictions. 

From the legal historical point of view this increase of move- 
ment meant on the one hand, the gradual decadence of Courts of 
Lands, Baronies, and Regalities, and on the other, the growth and 
extension of the Sheriff Court. The trouble and expense of 
double Decrees must have gradually brought it home to the 
minds of those interested, that it was simpler and better to resort 
directly to a Court, whose jurisdiction extended over the whole 
County, than to begin by applying to Courts, whose jurisdiction 
was limited to parts, and sometimes to very small parts, of the 
Sheriffdom. 

It is not possible to gather from these records, specific 
information as to the nature of the buildings in which the 
agricultural classes were housed, but it clearly appears from 
the Books of Judicial Enactments, that everything which made 
their dwellings habitable, belonged as a rule to the tenants. The 
most cursory reader cannot fail to gather this from the numerous 
instances of the arrestment of the whole woodwork of the 



xvin 



General Introduction 

buildings, described in great detail, in proceedings at the instance 
of the occupier's creditors. It is also quite true that there are 
cases in the Decree Books where actions were brought and 
Decrees obtained, by landlords against their tenants for de- 
molishing or removing the woodwork of farm buildings ; but 
these seem to have applied chiefly in cases where they were 
formal leases. 

If the old Session Records of the Parish of Skene were 
extant and available, some light might be had as to the offences 
for which the penalties decerned for 14 June, 1637 (p. 461), were 
imposed. In the absence of details, readers must be left to form 
their own conclusions. 

The agricultural labourer, as such, appears in the Volumes 
dealt with, very seldom indeed, and then only in reference to his 
" fee " or remuneration. A few cases of not entering to service 
the first on 14 Jany., 1618 (p. 234), have been found, in which 
the penalty awarded against the servant was the amount which 
he would have received if he had fulfilled his engagement. The 
Decree Books of later date than those dealt with in the following 
pages, contain much more numerous examples of cases' between 
master and servant. 

Of proceedings in the Sheriff Court common in the first half 
of the seventeenth century, but which have now disappeared, we 
find Actions of Transumpt and of Registration taking a pro- 
minent place. An example of a Decree of Transumpt was given 
in the first volume (p. 371), but it may not be amiss to explain 
that the object aimed at was to secure that, when one or more 
parties were interested in the title deeds to lands, each should 
have it in his power to obtain from the Court, after transumpt, 
an authentic copy of the originals, which to all intents and 
purposes should be equivalent thereto. A number of these cases 
will be found in Part II. of Decree Book Vol. I. (pp. 492-5). 

xix 



Aberdeenshire Sheriff Court: 

Actions of Registration were instituted for the purpose of en- 
abling the heirs of creditors under obligations, containing a clause 
of Registration for Execution, to proceed against the debtors 
under that clause, as if they had been the original creditors. As 
somewhat outstanding examples of this class of Decrees there 
may be cited the cases of Janet and Margaret Chalmer, daughters 
and co-heirs of Robert Chalmer, burgess of Abd., against their 
father's debtors, dated 20 Deer., 1639 (pp. 472-3). In these 
instances the Decrees were of great length, every one of the 
Bonds and Obligations being (as was the practice) engrossed ad 
longum. 

In the former volume, Actions of Removing, Actions of 
Cognition, Actions of Spuilzie, and Actions for recovery of rent, 
occupied the Court almost entirely, and hardly any other kind of 
litigation found a place. From the Tables of Contents in the 
present volume, it may at once be seen how much the area of the 
Court's work had broadened. In that volume almost everything 
related to the land, in this there will in addition be found, a vast 
number of cases relating to money and personal property, and 
rights of a variety of kinds. So much is this the case that it is a 
hopeless task to attempt in a short general introduction so to 
summarize, as to convey any adequate description of the contents, 
a few brief glances being all that is possible. 

Actions of Forthcoming were of constant occurrence ; but 
frequent as they were, it is evident that if all the arrestments, 
which we find recorded among the Judicial Enactments, had 
been followed up by such actions, the life of the Court officials 
would have been made a burden to them. What was the why and 
wherefore of the enormous number of these arrestments ? This 
question will force itself on the attention of the reader ; but 
cannot be answered with precision and certainty. It is obvious 
to start with, that the diligence then called arrestment partook as 



XX 



General Introduction 

much of the character of the poinding or sequestration of effects 
in the debtors own possession, as of the attachment of funds or 
effects in the hands of third parties. Speaking very generally 
the arrestments may be divided into three classes, those for 
recovery of ordinary debts, those for the recovery of rent, and 
those arising out of boundary disputes. The first of these would 
correspond most nearly to the modern arrestment, the second to 
sequestration for rent, and the third to poinding. The precepts 
upon which the arrestments proceeded were often those of land- 
lords, and they were laid on by their officers. Judging from 
occasional glimpses behind the scenes, they may at times have 
been laid on without a precept or warrant of any kind. The 
party who could afford it, and was smart enough to be first in the 
field, had a poor and friendless opponent at his mercy. What 
could a tenant in such a position do on the eve of harvest, when 
all his growing crop had been arrested, or if, on the eve of winter, 
it was put out of his power to lay a finger on his stock of peats, 
without incurring the pains of breach of arrestment ? No course 
was open but submission or sacrifice. It would appear, however, 
that many had friends ready to help, often in their own neigh- 
bourhood, and frequently in the Town of Aberdeen. When a 
tenant was involved in a landlord's dispute, his laird was, of 
course, at hand loyally to back him, and in a large number of 
instances the arrestments obviously arose out of differences about 
marches. As an example of a laird's timely support in a matter 
much more serious than a mere boundary dispute, may be cited 
the case of Andrew Myntie in Wester Corse (12 Oct., 1609, 
p. 151) charged with homicide, for whose appearance to be tried, 
and for the release of his property from arrestment Patrick 
Forbes (afterwards Bishop Patrick Forbes) of Corse, became 
cautioner. 

Two localities in the neighbourhood of Aberdeen were for a 



XXI 



Aberdeenshire Sheriff Court : 

time constantly in evidence in disputes about marches, namely, 
the " Reid Burne " near Logic Fintray, and the Hill of Drumna- 
gair in Old Machar, near the site of the new Kingseat Parochial 
Asylum ; but it is not necessary to go so far afield for examples, 
for corn was arrested upon the " Thriepfeilds " of Gilcolmstone, 
upon " the cruikit myris and outfaldeis of Gilcolmstone " and 
upon the south side of the " Theifis fauld of Gelkquhomstowne " 
while " faill cassin upon the Wast end of the Cardowne fauld of 
Gelkquhomstowne " was made the subject of the same form of 
diligence. 

Whether it was in connection with the boundaries of his 
glebe or not, that in 1606 Mr. Wm. Neilsoune the Minister of 
Fintray, fell foul of Wm. Forbes of Logie-Fintray and his tenants, 
the record does not disclose ; but we learn (p. 90) that he had to 
find caution for 200 merks in a process of Lawborrows, that he 
would keep the peace towards them. From the records of the 
Presbytery of Aberdeen it would appear that on 17 July, 1601, 
the Minister's application to have a glebe designed out of Forbes' 
lands was before the Presbytery, and was dealt with. The 
Process of Lawborrows originated in the Court of Session in 
1603 or 1604, so it is n t unreasonable to suppose that the 
trouble was of the kind indicated. 

A quaint entry in 1607 regarding a member of another pro- 
fession may suitably be adverted to here. We refer to the case 
of Alexander Wilsone, Chirurgeon (p. 99), for whom Thomas 
Gordon of Grandoun was cautioner that the accused should 
appear " to underly the law for the deathe of umquhill Alexr 
Reid sone to Mr Wa. Reid Advocat in Abd. quha depairtit this 
present lyff throche the miscuir of the said Alexr as is alledgit." 
Unfortunately there is no record of the trial. 

In addition to Acts of Caution of various kinds, Renunciations, 
Discharges and Ratifications granted by married women in facie 



General Introduction 

curiae bulk very largely in the Minute Books of Judicial Enact- 
ments, and it is hoped that they may be found useful in supplying 
genealogists with the names and family descent of the female 
members of families, who are never so easy to trace as those of 
the other sex. To lawyers, and especially to Civilists, the per- 
sistent reference, at one period, in these Acts of Court, to the 
Senatus Consultum Velleianum, must be of interest. An example 
occurring in the i6th century was printed in the former volume 
and references to the Edict have been found at least as late as 
I6I3. 1 It is said that this edict was never incorporated with, or 
recognized as part of, the law of Scotland. Be that as it may, the 
fact remains that experienced conveyancers at that time were of 
opinion, that in addition to a general renunciation of women's 
rights, there should be a special renunciation of this Senatus 
Consultum. 

A somewhat remarkable and picturesque example of Sym- 
bolism, which the writer does not happen to have seen noticed 
elsewhere, will be found among the Judicial Enactments of 1606 
(pp. 85 and 1 1 8). There is nothing new in the delivery of the 
keys of the " fyr " houses barns and office houses, or of " yeird 
and stane " of the ground, as there recorded ; but the picture of 
carrying out the eviction " be casting out of ane Cheir and ane 
Tangis " the chair presumably in which the previous occupant 
sat, and the tongs by which the fire was fed may possibly be as 
new to many, as it is quaint and interesting. 

The duties or mutual obligations of neighbours were occasion- 
ally brought under the cognizance of the Sheriff Court, and were 
dealt with. One of these was the obligation of herding, " or 
keeping guids," i.e. bestial, from invading neighbours' corn fields, 
a most important matter in the days when sufficient fencing was 
very rare. Numerous cases will be found in which damages 

I See also Records of Old Aberdeen. New Spalding Club, I., p. 35. 

xxiii 



Aberdeenshire Sheriff Court: 

were sought and obtained for non-fulfilment of this duty. Two 
cases of a different and unusual but interesting kind, one 
occurring in 1631 (p. 347), the other in 1 64 1 (pp. 483 and 489), may 
be specially noticed. In the former, a farmer was found liable to 
pay for part of the crop on the adjoining farm, " brunt be him in 
his default and sleuth being neighbour to the complenares in sa 
far as the defendar kendlit fyr in the moss," etc., and which was 
allowed to spread to the corn. In the second case a mare became 
affected with a horse sickness, called mortiecheyne, upon which 
a neighbour warned the owner to put the animal away, as a 
danger to the neighbourhood, and protested that if this was not 
done he would be held liable in damages. The owner of the 
mare paid no heed to the warning, the infection spread and the 
Court found him liable to pay damages. 

Information as to the foreign trade of the country is not to 
be looked for in Records such as these, but from the case of 
Nicolsone v. Smyth and others, 4 June, 1634 (p. 394), we learn 
that meal, bear, and malt were shipped in considerable quantities 
from Peterhead to Norway, the return cargoes being composed 
of timber. The export duty charged upon the grain was 5/- per 
boll, while for each " laidning " or " leadning " of wood coming 
into the port there was charged ^5. 

In this connection attention may be drawn to the case of 
Gordon v, Menzies and others, 5 Deer., 1634 (p. 422), not so 
much as furnishing a list or inventory of the belongings of a 
lady of the better class, although it is not without interest from 
that point of view, but rather as showing the number of distant 
places with which the inhabitants of these Islands had directly, or 
indirectly, established commercial relations. The Netherlands, 
France, Spain. Italy, Turkey, Russia and India had all contri- 
buted to the filling up of this lady's trunks and kists. 



XXIV 



General Introduction 

It is necessary to allude very shortly to the forms of process 
or procedure in the Sheriff Court during the period covered by 
this volume. Fortunately this necessity was foreseen, and the 
course of two litigated cases was traced out and will be found 
under dates 3 June, 1607, and 19 Novr., 1617 (pp. 130 and 226). 
It only remains, therefore, to add that so far as the writer has been 
able to observe, cases as a general rule took end in five different 
ways (i) In default of appearance to defend; (2) By failure to lodge 
defences or other paper ordered ; (3) By a decision against either 
of the parties on relevancy, proof being disallowed ; (4) By the 
failure of one or other of the parties (ordinarily the defender) to 
appear at the diet of proof, when specially cited, and (5) By a 
decision of the Court after proof. One peculiarity of the then 
practice, which will doubtless be noted by legal practitioners, was 
that there was apparently no limit to the number of defenders 
who could be convened in one action, on different grounds of 
debt or liability. 

Before passing from the subject of Civil Procedure, two 
features of the Decrees, which are very noticeable, call for a few 
observations. One of these is still to be observed, although 
perhaps not in such a marked degree, while the disappearance of 
the other in modern times is a thing deeply to be deplored. The 
practice of asking much more than you expect to get, has been 
common in all times and in all countries. Of actions of damages 
this is specially true. The particular field in which our fore- 
fathers surpassed themselves was in the matter of the " excrescent 
profits," which they claimed in Actions of Spuilzie. If the state- 
ments, which they set down as to the prolific capabilities of their 
live stock and their value, had been true, the occupation of cattle, 
sheep, swine and poultry rearing would have been profitable 
beyond the wildest dreams of the farmers of modern times. 
Without repeating details, reference may be made to the case 

XXV 



Aberdeenshire Sheriff Court : 

which the writer, for want of a better name, has titled " Pigsticking 
in Strathdon," in 1617 (pp. 218 and 233), and to the case of 
Spuilzie of cattle, sheep and horses, in 1637, at the instance of 
Sir Robert Innes of that ilk (pp. 445 and 462), which have been 
used as Illustrative Examples. A further illustration has been 
found in a decree relating to the Spuilzie of the Minister of Glen- 
muick's poultry yard, in 1638 (p. 449). In the two cases first 
named the Pursuers had to be content with much less than they 
sued for ; but the minister, Mr. Alexr. Gordoune, owing 
apparently to the non-appearance of the defender, got what he 
asked, and what he asked as the excrescent profits of six brood 
geese, carried off a year before, was thus expressed : " Ilk guise 
ilk day to ane ege pryce thairof twa shillingis 1 and ilk guise ilk 
yeir sex brodis ilk bruid extending to sextein geis pryce of ilk 
guis thairof twentie shillingis." Surely a wonderful picture of 
fecundity, and of combination of production with incubation, and 
which, according to the terms of the decree, was to continue in 
operation until his geese were restored to the Minister, " als 
guid as they war the tyme of the spuilzeatioune thairof " ! 

But if in these days we exaggerate somewhat less than those 
who went before us, we fall sadly short of them in their regard 
for the sacredness of an oath. Nothing has made a deeper 
impression upon the writer's mind than the remarkable efficacy of 
the reference to an opponent's oath in those old days. When, in 
our litigations, other proof is wanting, and a reference to oath is 
suggested, the experience of every one prompts him to say " cut 
bono ? " In other words, as a method of ascertaining the truth 
from an opponent, it is regarded as practically inoperative and 
almost worthless. It was quite otherwise in the i6th century. 
Up to the point of proof, every trick of fence that legal ingenuity 
and casuistry could suggest, would be used by the procurators 

i Scots Money. 



XXVI 



General Introduction 

without scruple, in the attempt on behalf of a defender to stave 
off a claim, or to escape liability altogether ; but should these be 
overcome, and the merits referred to the defender's oath, one of 
two things happened. The recalcitrant debtor either refused to 
face the ordeal by absenting himself (which was the common 
method), or attended and admitted at least some measure of 
liability. The cases of entirely unsuccessful references to oath 
formed an exceedingly small proportion of the whole. These 
remarks apply not to defenders only, but to pursuers also, who 
not infrequently modified their claims on a reference to their 
oaths. A notable example of this has already been referred to 
in a footnote (p. xvii), where the Laird of Arnage, holding already 
an Act of the Bailzie Court against his debtor for 12 bolls of 
meal, reduced his claim, upon a reference to his oath, to 3 bolls 
i firlot. 

Notable Persons 

It was in the writer's mind to embrace in this Introduction 
some references to the names of the numerous persons of note, 
who flit across the pages of the Court Records ; but for various 
reasons he has resolved to leave over everything of that kind, 
with one exception, to the third or Index Volume. The excep- 
tion is that of Dr. Arthur Johnston the poet, whose name occurs, 
and whose affairs, movements, and family are dealt with, in a 
group of entries reproduced on pp. 299, 300 and 301 infra. It 
may be remembered that according to Sir William Geddes' 
Memoir, 1 Dr. Johnston had returned to Aberdeen from the 
Continent previous to August, 1622, because on the 5th of that 
month he had been enrolled as a burgess. Farther proof has 
been found in the entries just referred to, from the first of which, 
under date 12 June, 1622, it appears that, before that date, he 

I Musa Latina Aberdonensis, Vol. II., p. xxx. 
xxvii 



Aberdeenshire Sheriff Court : 

had bought a house no doubt a residence on the East side of 
the Gallowgate of Aberdeen. This house had belonged to one 
John Burnet, a burgess, then deceased, whose widow, Issobell 
Burnet, had apparently the liferent of it. With her consent, 
however, it had been sold, and so on the date mentioned she 
appeared in Court to testify to that effect. Her renunciation 
and no doubt the clause was identical with the Disposition which 
had been granted was "in favores of Mr Arthur Jhonstoune 
Doctor of Physick, and Marie Cagnoncle his spous now heritable 
proprietars of the samen." It is probable that the information, 
which was obtained from the Registry of Births at Sedan, in 
which the lady's maiden name was given as de Cagniole, was 
correct and final. At the same time it cannot be readily assumed 
that a scholarly man like Dr. Johnston would furnish a garbled 
spelling of his wife's name, to be used in such a serious matter as 
a conveyance of heritage to him and her, rior does it seem to the 
writer that it is to be taken for granted too easily, that the Clerk 
of Court made a mistake in copying from the conveyance. Be 
this as it may, the record in this volume fixes the poet as having 
taken up his residence in Aberdeen not later probably than Whit- 
sunday, 1622. This, as has been said, is quite in accordance with 
the conclusion arrived at by Sir William Geddes. There is a 
statement, however, by Abbe Bouillot, 1 to the effect that Johnston 
remained on the Continent until 1623, and the entry which is now 
to be referred to may quite well be interpreted as bearing out the 
accuracy of the conclusions of both the late learned Principal 
and of the Abbe Bouillot. So soon after his return as 28 
August, 1622, Dr. Johnston appeared in Court, "being passing 
out of this realme and uncertaine of his returning," and nominated 
curators ad lites et negotia to his children, who are named. It is 
not likely that a mere visit to England would have induced 

I Musa Latina, II., p. xx. 



XXVlll 






General Introduction 

Johnston to take this step. His action rather points to this, that 
after settling his wife and family in Aberdeen, he returned to the 
Continent to wind up his concerns there, and did not finally quit 
Sedan until 1623, as the Abbe has it. 

What was the cause of his leaving Scotland does not appear 
from the Sheriff Court records ; but the necessity laid on him for 
appointing curators to his children does. The house he had 
bought had belonged to the deceased John Burnet, and when it 
was sold, the price, after making provision for the Widow's right 
of liferent, would doubtless go to relatives of the deceased owner. 
Two of these at least had creditors, who were not very sure of 
being paid, so these arrested in Dr. Johnston's hands the price 
payable to their debtors, Burnet's heirs. At a somewhat later 
date there is evidence that one of the arrestments was withdrawn, 
but it is unnecessary to allude to this matter farther than to 
indicate, that these complications rendered it desirable for Dr. 
Johnston to take the somewhat unusual course which he did, of 
appointing curators to his children in his lifetime. 

Before bringing these brief notes to a close, it may not be 
amiss to add one or two explanatory observations regarding the 
text. 

The spellings of the names and designations of persons and 
the names of places have been scrupulously followed, even when 
they differed, as they frequently did, in one and the same entry. 
The constantly occurring contractions have, in almost all cases, 
been expanded according to the spelling of the period. 

In all cases where sums of money occur, Scots money is to be 
understood unless it is otherwise stated. 

A farther word of explanation may be added for the benefit 
of any who may not be familiar with the older forms of Convey- 
ancing, and who may be perplexed by observing persons suing as 



Aberdeenshire Sheriff Court 

heritable proprietors of estates, which they have hitherto believed 
to have, at the time, belonged to well-known county families. It 
is often puzzling ; but the solution is to be found in this, that, 
before the days of Bonds and Dispositions in Security, those who 
lent on the security of heritage, received an absolute Disposition, 
upon which they obtained themselves infeft in the subjects. It 
is true that these Conveyances were qualified by reversionary 
clauses, proving that the radical right still remained with the 
borrower : but until these provisions became operative by repay- 
ment of the debt, the lenders were entitled to style themselves 
" heritable proprietors," as in judicial proceedings they almost 
invariably did. 



PART L 

Records, J598-J649 






RECORDS OF THE SHERIFF COURT 
OF ABERDEENSHIRE 

The Diet Books: Vol. VL, J598-162J 

This volume contains an almost complete record of the Head Courts 
of the County for more than 20 years, from Michaelmas, 1598, to Pasche 
or Easter, 1621. From about the middle of the book there is missing the 
latter part of the record of the Court at Pasche, 1611, and the whole 
record of the Michaelmas Court of that year. It is not absolutely clear 
whether some pages are not missing at the beginning of the volume, 
which has been mended with tissue paper throughout. There certainly 
appears to be at least one leaf missing at the end. The amount of 
scribbling on a number of leaves at the beginning and end may almost 
be called extraordinary ; but nothing of an authoritative kind by way of 
title is decipherable. The date of the first entry, which records an 
appointment made at a Court held by the Earl of Huntly, cannot be 
made out, except that it was in the month of April : but as the Earl was 
not restored to the Sheriffship until June, 1597, and the next date in the 
book is October, 1598, it must have been April of the latter year. Two 
entries occur in May, 1621, after the date of the last recorded Head 
Court, both with reference to the appointment of Sheriff Deputes ; but 
unfortunately the second of the two is incomplete. For part of the 
period covered by this volume other Diet Books exist, which prove that 
this one is a clean copy taken from these, either at the time or soon after. 
In these circumstances signatures are not expected to be found, and in 
this whole volume only one occurs, that of Mr. William Anderson, the 
Sheriff Clerk, who on 3rd October, 1620, appends his signature to the 
sentence of fine of the Absent Barons, designing himself " Scriba curie 
vicecomitatus de Abd." 

Previous to the Michaelmas Head Court of 1609, the fine inflicted 
on the Barons for absence was " the unlaw contenit in the Act of 



Aberdeenshire Sheriff Court 

Parliament," but at that Court .40 Scots is specified, while at and after 
Michaelmas, 1615, the amount is raised to 50 Scots. 

It has no doubt occurred to some to speculate as to the origin or 
antiquity of the term " my Lord," used in addressing Sheriffs and their 
Substitutes in Scotland, as contrasted with the title " your honor," used 
in addressing other inferior judges and magistrates both in Scotland and 
England. There is nothing in these books to throw light on the origin 
of the practice, but they clearly establish the antiquity. The term occurs 
occasionally in the books of the i6th century, but is specially prominent 
in the sentences of fine in this volume, which begin " The said day my 
lord Shreff deput foresaid." 

The lists of absentees who were fined and the numerous claims to be 
exempted from attendance make it plain that no jurors of our own time 
could be more anxious to avoid serving than the county gentlemen of 
old were to avoid personal attendance at the Head Courts, while, on the 
other hand, no modern judges could be more strict in imposing the 
penalties for non-attendance than the Sheriffs of those days were. 

Speaking generally, the contents of this volume are Lists of Absent 
Barons, claims of exemption from attendance, the entry of suitors and 
appointments of Sheriff Deputes. One election of commissioners to 
Parliament and general conventions is recorded on ist October, 1616, at 
which the Marquis of Huntly presided as Sheriff Principal. 

It has not been thought necessary to mention in the subjoined Table 
of Contents those Courts at which the business was purely formal. 



Table of Contents of Vol. VL of Diet Books 

1598. 

April Appointment of Sheriff Depute. The Earl of Huntly, sitting on the bench as 

Sheriff principal, created John Gordoune in Haltoun of Fintray, a Sheriff depute during 
pleasure, who took the oath defideli. Mr. Thomas Leslie, describing himself as depute 
to John Leslie of Balquhane, protested that the right to the office, which he also had 
from Lord Huntly, should not be prejudiced. 

Octr. 3. Head Court. At this Court, presided over by John Gordoune of Bogis, 89 

barons were fined for absence of themselves or suitors. The Sheriff admitted Gilbert 
Guthrie, elder, as suitor for the Laird of Phillorthe, and Hucheoun Ross, who was 
apparently the doomster of the court at this period, as suitor for the Laird of Bairnis. 
Alexr. Mortymer, who was suitor for the Laird of Cragyver, protested that the Laird 
was obliged to give suit at the Head Michaelmas Court only. 

1599- 
Jany. Head Court. 80 barons fined. Mr. Wm. Reid, burgess, as Attorney for 

George, Earl Marischal protested that his principal should be excused because he was 
in His Majesty's service. 

April 17. Head Court. 70 barons fined, and the following suitors admitted: Gilbert 

Guthrie, Younger, for John Urquhart of Culbo, Tutor of Cromarty, and also for the 
Lairds of Dunlughous and Petfour-Innes. Robert Garioche for the Laird of Towy 
Ryland. 

Octr. 2. Head Court. 68 barons fined. Patrick Gordoun of Halhead, who claimed that 

his only obligation in respect of Head Courts was to give a suitor at the Head Michael- 
mas Court, produced in support of his claim a grant by James, King of Scotland to the 
late John Gordoune, son to the late John Gordoune in Cushnie of the Lands of 
Conquhunderland and Halheid in Cushnie dated 24 July 1511. Other claims for 
exemption, complete or partial, were made by the Laird of Balgovnie Hepburne. 
The Laird of Blakfurde. The Laird of Leys, who alleged that his lands of Carnayes 
were annexed to his Barony of Leys, and therefore in Kincardine. The Lady of 
Kemnay claiming to be immediate tenant to the King and annexed. The Laird of 
Thainstoun, who claimed to hold of the Crown for payment of a silver penny at the 
Kirk of Kintore, if asked only. The Laird of Auchlossin. The Laird of Cragiver, for 
whom an exemption was produced. This document was "ordanit to be batterit and 
admitit." John Lumisden of Cushnie, who produced an Act relative to a Charter of 
the lands of Cushnie and Madlar, given in presence of the principal Sheriff on 6 Octr. 
1590. The following suitors were admitted : David Straquhan for the parson of 
Kincardine O'Neill. Gilbert Guthrie, Younger, for the Laird of Streichin. David 
Symesone for the Laird of Tilligovnie. Alexr. Mollysone for George Creichtoune of 
Frendraucht. Walter Hay in Middiltoune for the Laird of Middiltoun Hay. Alexr. 
Smyth in Culter, for the Laird of Culter. James Rayne, burgess, for the Laird of 
Cushnie. George Elphingstoun, Saidlar, burgess, for the Laird of Petcappill. 



Aberdeenshire Sheriff Court : 

1600. 

Jany. 6. Head Court. 67 barons fined. The Prior of Monymusk protested that his 

being present was not to prejudice his right to absent himself in future. David Lyoun, 
apparent of Belhelvie, protested on behalf of Lord Glames that hisXordship should not 
be fined, as he was at a Convention, and also that the greatest part of his lands was in 
other Sheriffdoms. David Straquhan, Sadler, was admitted suitor for Wm. Straquhan 
of Glenkindie, while Thomas Douglas, as suitor for the Lands of Kemnay repeated the 
Lady of Kemnay's protest made at last Court. 

April i. Head Court. 79 barons fined. William Turing of Foveran protested that he 

owed only one suit at the Court, and produced an evident granted by King David 1 on 
June and of his reign the 29th year. Robert Garioche was admitted suitor for the 
Laird of Brux. 

Sept. 30. Head Court. 90 barons fined. Adam Weir, Messenger, admitted suitor for the 

Laird of Kinnaird's lands of Maymie. 

1601. 

Apl. 21. Head Court. 82 barons fined. Robert Garioche, suitor for Gilbert Mengzeis of 

Petfodels and Walter Innes for Mr. George Setoun's lands of [Shethine]. 

Octr. 6. Head Court. 81 barons fined. Mr. Richard Irving of Hiltoun, burgess of 

Aberdeen, admitted one of the Sheriffs depute and sworn in. 

1602. 

Octr. Head Court. 67 barons fined. John Leslie of Balquhain produced an infeftment 

of William Leslie of Balquhain, with a holding from the Crown in ward and relief and 
for giving one common suit in the Sheriff Court, dated at Edinburgh 23 July 1511 and 
admitted in Exchequer at Linlithgow on 12 August 1530, as evidenced by the signature 
of Gawane Dunbar, Clerk Register for the time. The Sheriff depute admitted the 
laird's claim. A number of suitors admitted. 

1603. 

May 3. Head Court. Mr. Richard Irving on the bench. 86 barons fined by the " Lord 

Shref depute." Arthur Setoun, suitor for Mr. George Setoun of Shethine. 

Octr. 4. Head Court. 76 barons fined. There was produced on behalf of Alexr. Annand 

of Auchterellon, a new Crown Charter of his lands dated 24 March 1603, the 
obligation under which was to give one suit in the Court and no personal presence. A 
number of suitors admitted. 

1604. 

Apl. 16. Head Court. 69 barons fined. Alexr. Chalmer admitted suitor for James 

Setoun of Petmedden, for his lands of Craig and Bourtie. 

Octr. 2. Head Court. 66 barons fined. Both Gordon of Bogs and Mr. Richard Irving 

of Hilton occupied the bench at this Court. Hucheon Ross was succeeded in the office 
of Doomster by Patrick Leslie. 

I Presumably David II., Circa 1358. 
4 



Diet Books: Vol. VI., Contents 

1605. 

Jany. 8. Head Court. 63 barons fined. Mr. Andrew Clark appeared as procurator for 

John Forbes of Petsligo and protested that "he be frie of the unlaw for nocht giffing 
sute and presens for his lands of Petsligo, Mekill Wardress and Lethintie in respect of 
his infeftment Act of Court extractit furthe of the Shreff Court buiks of Abd. and 
Decree of the Lords interponit thairto quhilk the said Mr. Andrew produceit and tuik 
npe instantlie agane." 

Octr. I. Head Court. 64 barons fined. Both Sheriffs depute on the bench. Alexander 

Buchane of Auchmacoy produced title to the lands and barony of Auchmacoy under the 
great Seal n March 1603, defining his obligations respecting Courts, and presented 
Thomas Buchane in Litill Auchmacoy as his suitor. Mr. Andrew Clark produced 
Decree of the Lords dated 22 Jany. 1601, exempting John Forbes of Petsligo from suit 
and presence at the Sheriff Courts of Aberdeen. A number of suitors admitted. 

1606. 

Jany. 7. Head Court. 57 barons fined. Both Sheriffs depute on the bench, the name of 

Gordon of Bogs being, as usual, placed first. Mr. John Cheyne of Petfichie presented 
Mr. Arthur Watt, Advocate, as suitor for the Laird of Essilmont. 

Apl. 29. Head Court. 68 barons fined. Mr. William Barclay, Procurator for Lord 

Glames produced an Extract Decree of the Lords of Council, dated 6 March 1606, by 
which Lord Glames was made free of suit or presence at the Aberdeen Sheriff Court for 
his lands and barony of Balhelvies, Ardendrett, Collistoun, Curtestoun and Drumgowan, 
they being parts and pertinents by annexation, of the Thaynedome of Glames in the 
Sheriffdom of Forfar. By the decree the Sheriff of Aberdeen and his deputes were 
charged "to desist and ceis fra all calling and poynding of the said Lord Glames" 
&c., &c. 

1607. 

Apl. 14. Head Court. 76 barons fined. John Forbes in Auldmill appeared for Alexander 

Burnat of Gask and produced Crown Charter of the lands of Cask, Brigend and Cragy- 
tocher, dated 5 June 1605, the terms of which are here fully described, claiming 
exemption from all suit or presence at Sheriff Courts. 

Octr. 6. Head Court. 75 barons fined. A large number of suitors admitted. 

1608. 

Octr. 4. Head Court. 87 barons fined. The Sheriffs depute presiding were John 

Gordoune of Tulligreig and Mr. Richard Irving. Mr. Alexr. Irving appeared as 
procurator for John Forbes of Petsligo and produced royal letters charging the Sheriff 
and his deputes, in terms of a Decree of 22 January 1601, not to fine Forbes but to free 
him from attendance at Head Courts. 
1609. 

Jany. 10. Head Court. 82 barons fined. Gilbert Thomsone, burgess of Aberdeen, 

admitted and sworn in as suitor for James Grant of Invereirnan. 

Octr. Head Court. 86 barons fined ^40 Scots each. A number of suitors admitted. 

1610. 

Apl. 17. Head Court. 81 barons fined. Robert Gareauche, Messenger, admitted suitor 

for the Lairds of Essilmont, Arnage and Bahagartie. 



Aberdeenshire Sheriff Court: 

1610. 

Octr. 2. Head Court. 78 barons fined. A number of suitors admitted. Mr. Robert 

Paip, Procurator for James Gordone of Lesmoir, produced a ticket subscribed by the 
Marquis of Huntly at Stirling on 23 January 1510, discharging Lesmoir and his late 
father, Alexander Gordone of Lesmoir of all fines bygone and to come, inflicted for 
non-attendance at Head Courts until the ticket should be discharged. 

1611. 

Jany. 8. Head Court. 82 barons fined. Robert Gariauche 1 acted as Sheriff depute at this 

Court according to the heading ; but the admission of a suitor for Alexr. Keith of 
Balmure for his lands of Logyruiff on the same day is said to have been in presence of 
John Gordoune of Tilligreig, one of the usual deputes. 

1612. 

Jany. 7. Head Court, 67 barons fined. The presiding deputes were now John Gordoune 

of Lentusche and Mr. Richard Irving. 

Apl. 21. Head Court. 64 barons fined. John Gordoune of Lentusche and Mr. Richard 

Irving being on the bench, the former styling himself principal Sheriff depute and 
claiming to have power to create Sheriff deputes under him, appointed Mr. Alexr. 
Jaffray of Kingiswalls a Sheriff depute in all causes civil and criminal during pleasure. 
Mr. Jaffray, being present, accepted office and was sworn in. 

Octr. 6. Head Court. 45 barons fined. A number of suitors admitted. 

1613. 

Octr. 5. Head Court. 76 barons fined. At this Court all three Sheriffs depute, viz. : 

John Gordoune of Lentusche, Mr. Richard Irving of Hiltoune and Mr. Alexr. Jaffray 
of Kingiswalls were on the bench. A number of suitors admitted. 

1615. 

Octr. 3. Head Court. It is impossible to summarize the Minutes of this Court. The 

entries of suitors and the lairds fined are mixed up together. It would appear that an 
election of Commissioners to Parliament and General Conventions should have taken 
place, for the Sheriffs depute protest against being held in default for the failure of the 
barons. The fine for absence on this occasion and subsequently is stated at ^50 Scots 
each. This is the last appearance of John Gordoune of Lentusche for two years. 

1616. 

Octr. i. Appointment of Sheriff Depute. The Marquis of Huntly held a sitting for the 
appointment of James Gordoune of Knokespok as his depute, during pleasure, with 
power to create deputes under him. 

Head Court. The Marquis along with Knokespok now held the Michaelmas 
Head Court, of which the proceedings are given in the Illustrative Examples of this 
volume. John Leslie, fiar of Balquhane and Mr. John Cheyne of Arnage were chosen 
Commissioners to Parliament and General Conventions. 

2. Appointment of Sheriff Deputes. Knokespok sat and created Mr. Richard 
Irving and Mr. Alexr. Jaffray deputes under him during pleasure. 

I Probably the same individual who is elsewhere called a Messenger. 

6 



Diet Books: VoL VI., Contents 

1617. 

Jany. 7. Head Court. John Forbes of Petsligo appeared by Mr. Wm. Barclay and 

claimed exemption from suit or presence. The claim was opposed by the Sheriff, for 
whom Mr. Robert Paip appeared. The depute (Knokespok) took the matter to 
avizandum. The name of Margaret Mackintosche, Petsligo's mother-in-law, occurs in 
the entry. 

Septr. 30. Head Court. The Marquis of Huntly sat along with Knokespok and Jaffray. 

An unusually long list of suitors presented. 
1618. 
Jany. 13. Head Court. John Gordoune of Lentusche re-appeared on the bench. 

1619. 

Jany. 12. Head Court. Mr. Wm. Paip sat as a Sheriff depute along with Lentusche. A 

claim by Alexr. Keithe to be freed from suit and presence for his lands of Logieruif was 
rejected by the Court and he was fined for' absence "in respect he hes nather land nor 
residence bot within the Shrefdome of Abd." 

Apl. 6. Head Court. John Gordoune designed of Lytill Gowill presided as Sheriff 

depute. Keithe of Logyruif again claimed exemption and was again fined, and this 
occurred regularly in subsequent Head Courts. 

Octr. 5. Head Court. A large number of suitors admitted. 

1620. 

Octr. 3. Head Court. Gordon and Paip presided. James Gairdine of Blakfurd, one of 

the portioners of Auchterless, produced a Charter of Novodamus under the Great Seal 
dated 4 July 1617. For the first time the sentence of fine is signed, the signature being 
that of Mr. Wm. Andersone the Sheriff clerk. 

1621. 

May i. Baillie Court Lease of the office of Sheriff Depute. Mr. David Ruther- 
fuird, the Provost, along with Baillies Thomas Forbes, Robert Johnestoun, Gilbert 
Cullen and John Mortimer presided. Mr. Anderson, the Sheriff Clerk, produced a 
gift and letter of tak of the office of Sheriff depute granted by the Marquis of Huntly to 
Mr. Robert Gardyne of Kynnadie, dated at Huntly 26 April 1621, for the space of five 
years thereafter. Gardyne accepted office and was sworn in. The rent payable by 
him to Lord Huntly is not disclosed. 

22. Appointment of Sheriff Depute (Imperfect). The Marquis of Huntly and 

James Gordon of Knokespok on the bench. The principal Sheriff continued Knoke- 
spok as his depute until Michaelmas next ; but the volume comes to an end in the 
middle of the entry. 



Illustrative Example taken from Vol. VL of Diet Books 
A Michaelmas Head Court 

Curia Capitalis Vicecomitatus de Abd. tenta in pretorio euisdem 
primo die mensis Octobris anno domini millesimo sexcentesimo 
decimo sexto per nobilem et prepotentem dominum Georgium 
Marchionem de Huntlie, comitem de Engzie dominum Gordoun 
et Badzenocht &ca vicecomitem principalem de Abd. et 
Jacobum Gordoune de Knokespak vicecomitem deputatum 
dicti vicecomitatus pro tribunali sedente sectis vocatis in curia 
legitime inchoata et affirmata 

The said day compeirit the barronis & friehaldars undir writin of the 
said Shrefdome and presentit the suteors eftir specifeit quha was admitit 
be the said Shreffis as suteors for thame to the nixt Michelmes Court : 
Viz Alexr Jaffray burges of Abd. suteor for Arthor Lord Forbes Thomas 
Dauidsone In Auld Abd. suteor for the Laird of Udnie, Wm Blakhall 
maltman suteor for the Laird of Auchterellone Mr George Bisset suteor 
for the Laird of Toux and Petfour, Alexr Burnet burges of Abd. suteor 
for the Laird of Carveichin & Rattray and for Balmaid : Johne Craufurd 
Messinger suteor for the Laird of Brux : the Laird of Balhagartie, the 
Laird of Brackey Middiltoune : for the Laird of Lessindrum producit 
ane actornay : and for the Laird of Auchtercoull : James Tailzeour suteor 
for the Laird of Boquhollie : and for the Laird of Bourtie and Craig, 
Alexr Watsone Messinger suteor for the Laird of Udoche Cowpland 
presentit ane actornay : and for the Laird of Cultir & Carnie George 
Elphingstoune suteor for the Laird of Towie Barclay the Laird of 
Petcappill : the Laird of Glenkindie, the Laird of Madler : and he to 
produce his halding the nixt heid court, George Wmsone baxter suteor 
for the Laird of Schethine & Orchartoune, Gilbert Thomesone suteor for 
the Laird of Tilligounie : Wm Blakhall, maltman burges of Abd suteor 
for the Laird of Blakhall : Gilbert Skeine suteor for the Laird of Auch- 
lewine, Gilbert Guthrie suteor for the Laird Drum, Johne Barcar suteor 
for the Laird of Skeine & the Laird of Balnacraig Chalmer ; Dauid Aidie 
suteor for the Laird Echt : Thomas Burnet burges of Abd suteor for the 
Laird of Lenturk : and for Waster Corss. Patk Leslie suteor for Alexr 
Skeine of Colquhorsie : Gilbert Blak cowper burges of Abd suteor for the 
Laird of Garnastoune, the Laird of Caskieben and for Mr James Forbes 
of Knappernay for his lands of Wodland and Tillimad : Gilbert Guthrie 

8 



Diet Books: Vol. VL, Illustrative Example 

suteor for the Laird of Barrache : Wm Sengzeor suteor for Wm Leslie of 
Litill Follay : Thomas Dauidsone suteor for Alexr Spens of Boddum : 
Wm Kay for Johne Leslie of Ardoyne & Buchanestoune : Thomas 
Mollysone suteor for Barnis Forbes : Thomas Dauidsone suteor for 
Barnis Leithe : Thomas Dauidsone suteor for Fynnerseis Wod : Ronald 
Chessar suteor for Wm. Setoun of Disblair for his pairt of Logieruif 

The said day Gilbert Reid fiar of Litill Drumquhenddill producit 
ane euident & charter of Confirmatioune of the saids lands haldin of his 
Maiestie quhairanent the Shreff tuik to be adwysit quhill the heid Zuill 
court nixt to cum quhilk euident be tuik upe agane 

Andrew Gray suteor for the Laird of Petsligo him self absent his 
said suteor protestit he suld be frie In respect the said Laird of Petsligo 
as he allegit had ane blenshe halding of his saids landis quhilk he was 
ordanit to produce at the nixt Michelmes 

The laird of Iden present allegit he had ane blenshe halding of his 
lands quhilk he was ordanit to produce the nixt court 

The said day the Laird of Leslie and Edingairak was ordanit to 
produce his euidents of the saids landis the nixt court quhow the same 
is haldin 

The said day the Laird of Wardess was ordanit to produce the 
haldin and Infeftment of his lands the nixt Court 

It is ordanit In all tyme cuming that na member of Court be ane 
suteor ; and that na man compeir as suteor bot for thrie barronis at the 
maist : and that they be sufficient qualifeit personis abill to pas upone 
ane assiss 

The said day Wm Duguid of Auchinhuiff presentit Williame Barnet 
his suteor 

Compeirit Johne Craufurd, Messinger as suteor for Gordoune 

of Halheid quha was admitit quhill the nixt Michelmes Court : and for 
the Laird of Johnesleyeis sic lyke 

The said day comperit Johne Leithe of Harthill and George Leithe 
portionar of Bairnis and producit Judiciallie In presens of the said nobill 
Lord ane discharge grantit to thame be his Lo/ of thair unlawis be 
reasoune of thair absens In thair awin personis & of thair suteors frome 
the heid courts of the said Shrefdome of all yeirs preceiding the dait of 
the said discharge and forder In tyme cuming Induring his Lo/ will and 
plessour quhilk discharge subscryuit with his Lo/ hand of the dait at 
Tillichodie the threteine day of August the yeir of God I m sex hundrethe 
and ane yeirs : The said Johne Leithe delywerit In his Lo/ awin hand : 



Aberdeenshire Sheriff Court: 

and acknawlegit be his Lo/' to be of veritie : and discharged the saids 
Johne and George Leithes of thair saids unlawis for thair absens as said 
is fra all courts preceiding this present court and of all lettirs & chargis 
raisit or to be raisit thairupone : And declarit his Lo/ will was that they 
be thame selffis and thair suteors suld keipe the saids heid courts in all 
tyme cuming sa far as they ar astrictit to do : quhairupone the saids 
Johne and George Leithes tuik and askit act of Court and Instrument 

Absentis 

Are-pus St Andree D.p.et.s. 

Ab. Aberbrothok D.p.ets. 

Ab. of Kinloss D.p.et.s. 

Pryor of Monymusk D.p.ets. 

Minister of Trinitie freirs D.p.et.s. 

Rector de Kincardine D.p.et.s. 

Co/ Errolli D.p.et.s. 

Co/ Mariscalli D.p. 

Co/ Buchanei D.p.et.s. 

D. Elphingstoun D.p. 

D. Glames D.p.ets. 

D. Sinclair D.p. James Findlay producit ane Ac- 

tornay for Dame Elizabethe Forbes Ladie Sinclair and George 
Hamiltoune of Blakburne 

D de Phillorthe D.p.et.s. 

D de Maynie D.p.ets. 
D de Fouereine Andrew Gray his sutior present quhilk he is onlie 

obleist to do 

D de Streichine D.p. 

D de Delgatie D.p.ets. 

D de Drumbrek D.p.et.s. 
D de Essilmont et Abirdour D.p.ets. 

D de Comalegie D.p.ets. 

D de Fortrie D.p. Jon Lyndsey his seruitor his 

suteor present 

Compeirit James Mowat and producit ane Actornay for Alexr 
Keithe of Balmure for his pairt of his lands of Logiruif and Mostoune : 
quha was admitit suteor for him to the nixt Michelmes Court, him self 
absent & the rest of the portionars of the saids lands present 

D de Haddo et Meithlik D.p.et.s. 

Constabill of Abd D.p.et.s. 

D de Petfoddells D.p. Johne Menzes his suteor present 

D de Muchell et Staniewod D.p.et.s. 

10 



Diet Books: VoL VI., Illustrative Example 

D de Beltie Frassr D.p.et.s. 

D de Tillihaikie D.p.et.s. 

D deLumphannandetCraigour D.p.et.s. 
D de Perk of Cremond D.p.et.s. 

D de Fischerie D.p. Thomas Cuming In Auld Abd 

compeirit suteor for him 

The said day the haill barrownis and friehaldars aboue wreittin 
absent fra this court being the heid court ar amerciat & decernit to pey 
for the absens of ilk ane of thame selffis and for thair suteors respective 
the sowme of fiftie pounds Scottis money being thrie seuerall tymes 
callit at the tolbuithe winddow & nocht compeirand lauchfull tyme of 
day being biddin quhilk was gifin for dome be the mouthe of Patk Leslie 
dempster 

The said day Mr George Bisset mair of fie of the said Shrefdome 
presentit Johne Gordoune in Strathbogie to be deput to him quhome the 
said Shreffis admitit as mair deput ay and quhill he was dischargit 
lauchfullie quha acceptit the said office In and upone him & gaiwe his 
aithe de fideli administratione quhairupone he tuik act of Court and 
Instrument 

The said day the barrownis and friehaldars under writin being 
convenit within the tolbuithe of Abd at this court as the heid Michelmes 
Court according to the ordinance of the Act of Parliament maid anent 
the electing of comissionars of small barrownis and friehaldars to haif 
woit In Parliament viz. 

Alexr Irving of Drum Magnus Mowat of Boquhollie 

Jon Urquhart of Craigfintray Johne Leslie of Wardess 
Alex Gordoune of Cluny Mr Jon Cheyne of Arnage 

Wm Forbes of Tolquhone Johne Forbes of Brux 

Jon Setoune of Meldrum Johne Leslie of Petcappill 

George Jonstoune of that Ilk James Gordoune of Knokaspak 
Pa Gordoune of Kincraigie Alexr Cuming of Cultir 

Jon Erskine of Balhagartie Mr George Setoune of Barra 

Alexr Skeine of that Ilk Jon Forbes of Gask 

Jon Gordoune of Craigie John Gordoune of Awachie 

Thomas Meldrum of Iden 

Rot Cowtis of Auchtercoull 

Quha electit and chuisit Johne Leslie fiar of Balquhane and the said Mr 
Johne Cheyne of Arnage thair comissionars coniunctlie for keiping of 
Parliamentis and uthers his Maiesties generall conventionis that suld 
happin to be befor the nixt Michelmes Court 



n 



The Diet Books: Vol. VIL, J6034 

No one of the whole series is more unmistakeably the actual original 
Diet Book of Court, for the time, written by the Clerk in Court, than 
this. It contains every kind of business civil and criminal, but it has 
been so hastily penned that few of the books are more difficult to read. 
A few leaves are evidently wanting at the beginning. If they had not, it 
would doubtless have been found that the first entry would have been 
that of the Yule Court on I ith January, 1603. As it is, the earliest date 
is i6th February. The latest entry is a mutilated record of the Michael- 
mas Head Court held on 2nd October, 1604. The fashion of the entries 
on ordinary Court days is on the same principle as at present, except 
that the roll is not, as now, classified under headings. Fach case is 
separately entered in the body of the page, with a short mention of the 
purpose of its being on the roll, and the order of Court is then briefly 
stated on the margin against it. Both the entries in the roll and the 
marginal notes are so abbreviated as to be very difficult to make out. 
Interposed between the entries of regular proceedings in civil cases in 
Court are Acts of Caution, some of them signed Criminal trials, 
Services, Transumpts, Head Courts, and what is a special feature of this 
particular book, Courts of Justiciary for the trial of several cases of what 
we would now call salmon poaching. 

Most of the proceedings recorded here are, for the period to 23 
June, 1603, transferred in more full and accurate form into the Volume 
next noticed ; but some are not, and the prosecutions at that period for 
fishing salmon in the Dee and Don in close time already referred to, 
would have been lost, apart from the existence of this very rough record 
of them. 

There are some half-dozen of such cases, the bench consisting of 
John Gordon of Bogs the Sheriff depute, Provost Alexander Rutherford 
of -Rubislaw, and one or more of the Baillies of Aberdeen sitting as 
Justiciars specially constituted in terms of Act of Parliament. The 
accused were tried by juries whose numbers apparently varied from 13 to 
25. In some of the cases the numbers charged with the slaughter or 



12 



Diet Books: Vol. VH, 16034 

receipt of black fish in forbidden time is so great as to suggest that the 
whole male inhabitants of a district were engaged in it. 

Some surprise and disappointment was caused to the writer by the 
discovery that very few examples of criminal trials were to be found in 
these records. In some of the books, especially those which are found 
soon after this date containing judicial enactments, there are numerous 
Acts of Caution to enter accused persons for trial ; but of trials in the 
1 6th and I7th centuries almost none are found except in this volume and 
one or two others. 

Fortunately we have here several examples of these and of the 
various punishments which were inflicted decapitation, hanging, drown- 
ing, scourging and banishment from the county. In no case has a 
smaller number than 15 been found on a jury, but in one case 23. On 
one occasion only 13 jurors attended, and the case was adjourned. In 
the one reported case of decapitation the crime was really murder 
though entitled manslaughter of fore thought which was one of the 
pleas of the Crown and could only be tried by the Sheriff when the 
culprit was taken and brought before him red-handed. These conditions 
were satisfied on this occasion, inasmuch as the crime was committed in 
the Gallowgate on Sunday, 28 July, 1604, an d the trial took place 
on the following day. The perpetrator, whom the Sheriff depute 
" ordanit to have his heid tane aff," was Robert Guild, " son naturall to 
umqll Wa Guild armorar," and therefore in all probability a near kinsman 
of the well known Dr. William Guild, principal of Marischal College, of 
Jameson the Artist, and of the Gregories. 1 

It may be further noted that this is the earliest book in which any 
record of the sittings of the Sheriffs Fiars Court are found. 



I According to the Jameson Pedigree in Mr. John Bulloch's Biography, William Guild 
(probably the person here mentioned) the son of Matthew, and the elder brother of the Principal, 
met a violent death in 1584. 

13 



Table of Contents of Vol. VIL of Diet Books 

1603. 

Febry. 22. Sheepstealing, &c. John Kid, indweller in Auld Abd. and John Litiljohne at 

Justice Mills, were charged with Sheepstealing, &c. There were eight charges against 
Kid and five against Littlejohn besides the charge of being "commone theiffis and 
briganes" which applied to both. Being found guilty of most of the charges the 
sentence is thus entered : "The Shreff ordanit the saids persones to be drownit foir 
thair demereits." The jury numbered 23, all living near the places where the different 
acts were said to have been committed, and the verdict was signed by Henry Mowtray 
in Perwinnes, the Chancellor. 

23. Housebreaking. Isobell Robertsone, natural daughter of Henry Robertsone, 

confessed that she and one Meatie Boige had been put in at house windows to steal. 

March 2. Removing. Mr. Alexander Setoune v. John Mowat at the Mill of Kindrocht. 

Mr. Setoune borrowed up his Sasine and signed receipt in the Diet Book. 

5. Housebreaking. The son of John Porteous, dwelling at the Abbey of Deir, and 

Janet Gumming, his wife, were charged with housebreaking, &c. The record bears that 
the accused were charged on dittay given up by George Frenche in Cuithill, a private 
prosecutor. In this case there were 15 of a jury, obviously selected from the immediate 
neighbourhood of the alleged crimes, the Chancellor (who signs) being John Dalgard- 
nocht in Deir. There was a conviction on three points of dittay and of the charge of 
habit and repute, and the sentence against the accused and their family was banishment 
from the Sheriffdom, under pain of hanging of the man if he came back, which he was 
made to swear solemnly he would never do. 

8. Assault Blood-drawing. Walter Woid of Fetircarne, for whose appearance 
this day Mr. Duncan Forbes of Bannagask had become surety, was charged with the 
hurting, wounding and blood-drawing of Wm. Gray, his servant. As neither the accused 
nor his cautioner appeared "my Lord Shreff deput " ordained the latter to be fined 
according to the Act of Parliament. 

9. Theft Failure to Prosecute. Wm. Wat in Glenkyndie, for whose appearance 
this day Wm. Straquhan of Glenkyndie had become surety, had been charged with 
stealing a doublet from a servant of Mr. John Cheyne of Petfichie. In addition to the 
absence of a prosecutor, it was avowed by one Patrick Gordon at the Kirk of Cluny, who 
was in Court, that he had taken the doublet and that it was his own at the time he took 
it. Case continued until new citation. 

April 15. Assault Act of Caution. Adam Joffray in Corteyis. Mr. Wm. Reid [a 
procurator of court] became bound to enter Joffray for trial on a charge of " striking 
and dinging of John Symsone messinger " and also that his arrested geir should be 
forthcoming. 



Diet Books: Vol. VH, Contents 

1603. 

April 15. Mill Multures. John Leyth apparent of Harthill v. the late Duncan Lesly of 

Petcaple, Geo. Lesly of Auldcraig, Win. Lesly of Tocher, James Stewart of Rothmaisi 
James Arbuthnot and their colleagues. The Pursuer granted and signed a receipt in 
the Diet Book to the effect that he had "resauit furthe of proces his haill writtis con- 
tenit within tua [?] Traistis producit be him and his procuratours." 

1 6. Assault Blood-drawing. Paul Ray in Belhelvie v. Andrew Sangster in 

Bannakettill were charged with Assault, &c. Both accuser and accused gave the oath 
of calumny that their cause was just and the case was continued for trial, Wm. Forbes 
of Tolquhon being cautioner for Sangster's appearance under a penalty of .40. On 
25 May accused appeared but no accuser, the case having been settled. 

May 4. Assault Blood-drawing. The Procurator Fiscal, Leslie of that ilk and others 

v. Bartholl Leslie and others. James Hervie, son of Andrew Hervie of Elrik, who had 
become cautioner to enter the accused for trial, did not appear, and was fined, with the 
saving clause that if he entered them on 31 July he would be free. On the margin 
opposite this entry there is written " Penultimo July 1603 The Shreff finds this act 
satisfeit and absoluis the cautioner from the unlaw for nocht entering of the party. J. 
Gordone Shref deput of Abirden." ( Vide pp. 35, 45 infra.) 

June 30. Invading Dwelling-house. The Procurator Fiscal (Mr. Wm. Barclay), Andrew 

Leslie in Balhaggartie and John Erskine his servant v. Thomas Smithe Merchand, 
Ardlathin, for whose appearance George Hay of Ardlathin was cautioner. The accused 
was charged with the armed invasion of a dwelling house under cover of night 
and with wearing fire-arms, shooting at and wounding a man. The Fiscal 
departed pro loco et temporc from the charges other than that of "beiring, wering and 
useing of pistollis," with regard to which Andrew Leslie appeared as informer and took 
the oath of calumny. A jury, all drawn from the immediate neighbourhood, was 
impannelled, but the trial was not proceeded with and the jury were continued. 
Thereafter Thomas Smith, the accused, offered to submit to the decision of Mr. Richard 
Irving of Hiltoun, the Sheriff depute, whose decision should be final as to the amount 
which he should pay to John Erskine, whom he had wounded. Mr. Irvine accepted 
the reference, his decision to be given before 14 July, and accused found caution for 500 
merks to appear on that day. On that day letters of advocation were produced, and 
on 23 July Patrick Forbes, burgess, was cautioner in 500 merks for Smith's appearance 
should the case be remitted back to the Sheriff Court. 

July 6. Judicial Confession. Patrick Dunbar sometime of Sanchar appeared, and on the 

plea that he wished to disburden his conscience, stated that some ten years before he 
had, at the request of Sir George Ogilvy of Dunlugus, signed and delivered to the latter 
in Sir George's house at Banff eight "blankis," which were designed to be filled up for 
the benefit of Patrick's son Walter. Dreading that these might have been used to the 
prejudice of rights granted by him and his late wife, Elspet Ogilvy to the late Mr. 
Thomas Mengzeis, of the third part of Durne and third part of Bogmochillis, or to 
securities made by him to the late James Dunbar of Tarbet, he made this declaration 
and confession. Thomas Mengzeis of Durne was present in Court, and Dunbar and 
John Gordone of Boggis, the Sheriff depute, both signed the entry. 



Aberdeenshire Sheriff Court: 

1603. 

July 7. Carrying and Using Fire-arms. Thomas Gilpatrik, for whom Thomas Adam- 

sone had been cautioner, were charged with carrying and using fire-arms. Gilpatrik 
appeared and Adamsone was declared free of his cautionery. The accused was then 
bound, under pain of ^ICXXD, to appear and take his trial upon six days' notice if within 
the realm when cited. 

23. Theft. James Nicoll, charged with theft, was banished from the Sheriffdom and 

to be hanged without trial if he returned. 

28. Nature of Action not disclosed. John Erskyne, fiar of Balhaggartie v. Walter 

Mernis in Innerramsay. Defender offered defences, but on Pursuer's Procurator pro- 
ducing a horning against him decree was pronounced. 

Augt. 6. Nature of Action not disclosed. The Earl Merschell and Alexr. Keyth v. Andrew 

and Alexr. Fettes. After a dispensation for proceeding in time of harvest had been 
produced, commission was granted to the Sheriff Clerk and his depute to act as Sheriff 
depute and Sheriff Clerk to take the oaths of the Pursuers at Fetteresso. 

Tutory. By gift under the Quarter Seal dated 28 July John Andersone in Dennis 
had been appointed Tutor Dative to John, Jellis and Margaret Jamesone, lawful children 
of James Jamesone at the Mill of Bruxie. He now took the oath and found Wm. Jack, 
Notary Public in Deir, as cautioner for him. 

10. Cognition. John Gordone of Tillaquhowdie v. Robert Carnegy of Waster 

Kincardin. The Pursuer produced his Sasine of Tillaquhowdie and Outseat of croft 
called Tillibrein in the Barony of Aboyne, dated 23 Novr. 1 60 1 and duly registered. 
Notary Alexr. Middletoun. On an objection that it was vacation, the Pursuer produced 
a dispensation, whereupon defences were ordered to be lodged next day. On the case 
being then called the Defender, now designed of Kirktoune of Aboyne, produced 
Letters of Advocation. 

20. Lawborrows. Patrick Irving v. John Ross of Auchlossin, Robert his son, and 

Patrick Ross, son of Nicoll Ross, Yr. of Auchlossin. NicoH Ross became cautioner 
that complainer should be kept harmless. 

26. Lawborrows. The Rosses as above and others v. Patrick Irving. John Irving 

of Artamfurd was cautioner for Patrick Irving. 

Septr. 3. Lawborrows. Patrick Irving v. Peter Irving in Carnbady, Andrew Farquhar 

there, Wm. Downie in Hiltoun, and a number of others (names and designations 
almost illegible). Nicol Ross was cautioner here. 

Octr. 4. Charge of Murder. Gilbert Sym, at the Mill of Fouern, was under accusation 

of murdering Wm. Elmsly, son of the late James Elmsly in Mynnes. He now produced 
his alleged victim in Court, who being identified on oath by his own mother, Sym was 
declared innocent. 

5. Removing. Wm. Keyth of Pettindrum v. Alexr. Forbes of Gellan and others. 

This day had been assigned for the defenders to find caution. Decree passed in respect 
of their failure to do so. 

16 



Diet Books: Vol. VII., Contents 

1603. 

Novr. 8. Decree for Rent. John Gordoun of Carneburrow v. John, George, and Thomas 

Conan in Ballantimoir in Glenbucheat. John Conan confessed that he was due for a 
quarter lands of Ballantimoir crops 1600-1-2, 310 merks. George for another quarter 
admitted 445 merks for crops 1599-1600-1-2, while Thomas admitted for half a quarter 
210 merks for crops 1600-1-2. 

Decree for Price of Grain. John Gordoun of Carneburrow as assignee of 
Thomas Gordoun of Arclache z>. John, George, and Thomas Conan in Ballantimoir. 
Each defender admitted being due 80 merks for corns bought and received from Thomas 
Gordoun. 

9. Action of Cognition. Wm. Forbes of Monymusk v. Wm. P'orbes of Corsindey. 

The Pursuer produced (i) Sasine of the Barony of Monymusk and burgh thereof, dated 
7 March 1588 ; Notary Mr. Robert Youngson. (2) Sasine of the lands of Inver, 
Ardneidlie, Petmovny and Over mill of Monymusk, dated 8 March, 1590 ; Notary 
James Murray. And (3) Sasine of Abirsnuthak, Tombeg, Dillab and Tillaquhorie, 
dated 14 June 1589 ; Notary Mr. James Forbes. On his behalf a motion was made to 
remit to a jury. The Defender on the other hand asked the Sheriff to assign him a 
diet for lodging defences. To this the Pursuer objected and produced a horning at the 
Pursuer's instance against the Defender duly registered and executed. The Sheriff 
having ordered the horning to be there and then seen by the Defender, objections were 
taken and answered. In the end the Sheriff admitted the libel to the knowledge 
of an assize. 

Deer. 14. Judicial Ratification. Isobell Rossy, wife of Patrick Butter of Elrick, ratified a 
Contract made in 1602 between her husband and George Gordoun, fiar of Gicht, and 
Disposition of the lands called the Ward of Kinmundy in the parish of St. Machar and 
Sasine following thereon. 

20. Judicial Ratification. Agnes Straquhan, wife of John Gordoune of Brekay, 

ratified a conveyance of the lands of Brekay and Glassache in Logiedurno and Inverurie 
in favor of James Gordoune younger of Brekay and Sara Leslie, his intended wife, in 
conjunct fee and liferent, in terms of their marriage contract. 
1604. 

Jany 10. Assault Blood-drawing. Allister Tailzeor in Lynardoche v. Allister Tallzeor 

in Coull. The accused having sworn that he could not find caution to appear was 
simply bound down to appear on Candlemas Even. When the case was called on 
Febry. I the Pursuer of the blood produced two witnesses, who were both repelled and 
accused bound over to appear on 22 Febry. , under pain of 40. The assault was said 
to have been committed "with ane durk upone the left paipe in the moneth of Julii 
last." 

Lawborrows. Jas. Chessor v, Alexr. Tailzeor. Cautioner James Hall. 

12. Curatory. Wm. Chalmer, son and heir of the late Mr. Wm. Chalmer, portioner 

of Disblair. The next of kin called were John Chalmer of Balbithane, George Chalmer, 
fiar of Balbithane, Charles Chalmer of Tillikirie, Henry Chalmer of Buchanstoun and 
John Lesly of Petcapill. The minor chose John Chalmer, elder of Balbithane, for 
whom Alexr. Gordoun, elder of Lesmoir, became cautioner. 

C I 7 



Aberdeenshire Sheriff Court: 

1604. 

Febry. 23. Killing Salmon in Forbidden Time. This is the first of a number of prosecu- 

tions noted in this volume. The Courts were held by jusliciars appointed for the 
purpose, of whom a Sheriff depute was always one and first named. In this instance 
Provost Alexander Rutherford of Rubislaw and Baillie Wm. Lowsone were the others. 
A large number of persons in Kincardine o'Neil, Birse, and therabouts were accused. 
All the accused who appeared were acquitted. By far the greater number did not 
appear and were decerned fugitive, and ordained to be put to the horn. At the head 
of the latter list was John Burnat of Sluye. 

24. Killing Salmon in Forbidden Time. The accused in this case were fewer and 

chiefly from near Aboyne, among them being John Gordoune of Tillaquhoudy and 
Robert Carnegy of Kirktoun. Wm. Troup of Balnacrag pleaded guilty, and had to 
find caution to pay his unlaw and also for his tenants and servants behaviour under 
penalty of ^100. Those who did not appear to be put to the horn. 

Killing Salmon in Forbidden Time. Andrew Davidson in Belvad appeared 
separately, pleaded guilty, and was fined, for payment of which and his future good 
behaviour Robert Steuart, burgess of Abd. was cautioner under penalty of 40. 

March 10. Killing Salmon in Forbidden Time. In this case about 100 persons were cited 
from Nether Dee and Feugh sides. Some were acquitted, some convicted, and those 
who did not appear declared fugitives and denounced to the horn. Among those 
convicted were John Burnat of Sluie and four other Burnats. There were also three 
Straquhans. The jury numbered 25, of whom part were from Aberdeen and the others 
from Deeside. Among the latter were John Irving of Kincowsy (Chancellor), John 
Collistoun of Auchloonies, John Irving of Sunnyside, Robert Hog of Gellane, Alexander 
Davidsoune of Brigend. For a good many of those convicted caution was found, and 
among the cautioners were several of the jury. For Burnat of Sluie and Alexr. Burnat 
younger of Kinneskie, Alexr. Joffray, burgess, was cautioner. Four Baillies were on 
the bench in addition to the Sheriff depute and Provost, viz. : David Menzeis, David 
Rutherford, Thomas P'orbes and William Lowsone. 

13. Killing Salmon in Forbidden Time. A number of persons on Upper Deeside, 
Glenmuick and Glengairn were accused on this occasion, but some pages were left blank 
to complete entry and never written up. 

14. Lawborrows. John Smith in Maryculter v. David Kempt Baxter, burgess of 
Abd. Cautioner Mr. Andrew Clerk. 

17. Special Service. {Inq. Spec. Abd. No. 93.) George Meldrum, elder of Ardfork, 

as heir of entail to George Meldrum, younger of Ardfork, his son. Shadow half lands 
of Ardfork in Bethelny. Held of George Meldrum, elder, in feu farm. In non-entry 
since death of predecessor in Septr. 1603. 

19. Fiars Court. The earliest found. The jury are here called "famous witnesses." 

18 



Diet Books: Vol. VIL, Contents 

1604. 

March 21. Assault Blood-drawing. John Watsone, Lax fisher in Auld Abd. v. Adam 

Banerlay in Auld Abd., Agnes Chalmer his wife, and Alexr. and Patrick Barnat there. 
(et e contra). Bauerlay produced an act of the Court of Auld Abd. proving that he had 
been convicted of the offence by the Baillies there ; but the Sheriff depute ignored it, 
and convicted Bauerlay and the Barnats and fined them ^'10 and each to pay 5 merks 
to Watsone. The mutual complaints of Watsone and the woman were continued for 
new citation. 

May 5. Assault Loss of Life. The Fiscal and Wm. Toshie in Collestoune v. John 

Duncane in Fingask. Duncan was charged with " the ere wall and unmercifull dinging 
striking and blude drawing of the said umquhill Margaret (Margaret Toshie the 
daughter of the private prosecutor) in diuers pairts of hir body and casting of hir perforce 
ouer ane kill be occasione of the quhilk scho is departit this present lyiff" in Novr. 
1603. The jury, all from the Oldmeldrum neighbourhood, acquitted the accused. 

Forestalling. John Lesly, Skynner in Kyntor, for whom Wm. Forbes in 
Auchquhorsk was surety that he should appear and take his trial on 10 May under 
penalty of 100. On 10 May Wm. Forbes and Mr. Wm. Reid became cautioners for 
300 merks that Lesly should appear on 12 May, which he did, and was discharged in 
the absence of a prosecutor. 

Troubling a Court. Alexr. Lesly in Auld Rayne and James Elphynstoun in 
Auld Craig, for whose entry Andrew Lesly in Balhaggartie and Mr. Robert Elphyns- 
toun, Tutor of Glak were respectively cautioners. The accused were charged with " the 
allegit troubling of ane court be stricking of utheris, drawing of wappownis and con- 
vocating of parteis in tyme of the execution of James Muresoun quha was execute for 
thift upon the xiiij day of Apryll last." The accused appeared and the cautioners were 
freed. On the case being continued to 10 May, John Leyth of Edingarrah became 
cautioner for Lesly, and the Tutor of Glak for Elphynstoun, each under pain of 50x5 
merks. For the relief of Edingarrah John Leyth in Newtoun was cautioner, while the 
laird of Harthill bound himself to relieve the Tutor. On IO May the accused appeared 
and the cautioners were freed, and nothing more is entered about the case. 

16. Deforcement. Mr. Wm. Barclay, Procurator Fiscal, and George Barclay, Mair 

depute v. John Forbes of Tillikerrie. Mr. James Irving, Minister at Touche, and 
Robert Farquhar at Touche were admitted and sworn as witnesses ; but several 
witnesses put forward were objected to as tenants to the laird of Balhaggartie, who was 
said to have some interest. The Sheriff took the matter to avizandum until 30 May, 
but no further entry found. 

23. Assault Blood-drawing and Mutilation. Thomas Pirie at the Mill of Arnage 
v. John and David Cormaks at the Cobill of Kynnarachie. Case continued until 23 
June, but no further entry has been found. 

Assault Blood-drawing. Girsall Mure v. George Beanis in Petgirscho and 
Isobell Udnie, his wife. The accused were assoilzied by virtue of their oaths. 

Assault Blood-drawing. Girsall Mure v. James, George, John and Isobell 
Udnie in Petgirscho. The accused did not appear and were fined. 

19 



Aberdeenshire Sheriff Court: 

1604. 

May 23. Manslaughter. Gilbert Forbes in Carnehill was accused, for whose entry Mr. 

Wm. Reid became cautioner under penalty of 



26. Theft and Reset of Theft. George Pratt in Annoquhy, for whom Arthur 
Johnstoun in Carnebrogie was cautioner. The charge was for certain capital crimes of 
theft and reset of theft. As neither appeared, the cautioner was fined ^100 and the 
accused put to the horn and all his moveable goods escheat. 

June 4. Decree of Transumpt. John Setoun of Auchquhortie v. Geo. Meldrum some- 

time of Fyvie, son and heir of the late Wm. Meldrum of Fyvie, and Andrew Meldrum 
of Tullicarne, son of the late Patrick Meldrum of Auchquhortie and all others having 
interest. The following series of Deeds embracing Auchquhortie, Tullycayrne and old 
Mill of Tullyelt in the Barony of Tarves and Regality of Abirbrothok, viz. : (i) Charter 
granted by George, Lord Gordone, heritable feuar of the Barony of Tarves, in favor of 
Wm. Meldrum of Fyvie, son and heir of Sir George Meldrum of Fyvie and his heirs 
male, lairds of Fyvie, dated at Aberdeen 27 May 1559 before witnesses John, Earl of 
Sutherland, John Lesly of Balquhane, Sir George Gordone of Shewes, James Gordone 
of Methlik, John Gordone of Carneburrow, Mr. John Lesly, Rector de Minibus, Mr. 
John Watsone, Rector of Clatt, Mr. John Kennedy, Notary, and Sir Wm. Meldrum, 
Chaplain. (2) Instrument of Sasine under the hand of James Currour, Notary, dated 
9 June 1559, proceeding upon precept signed at Huntly on 30 May 1559 before wit- 
nesses James Gordone of Haddoch, James Gordone of Petryche, James Gordone in 
Eister Migvie and others. (3) Precept of Clare Constat by George, Earl of Huntly in 
favor of George Meldrum of Fyvie as son and heir of Wm. Meldrum of Fyvie, dated at 
Huntly i June 1593 before witnesses Andrew Meldrum of Fyvie, Mr. Robert Lesly of 
Auldcraig, Wm. Meldrum of Badinscot and Mr. Robert Paip, burgess of Aberdeen. 
(4) Charter of confirmation, George, Marquis of Huntly to Andrew Meldrum of Tulli- 
carne & Violet Cheyne, his wife, and the longest liver in conjunct fee and liferent and 
their heirs male, dated "apud vicum canonicorum prope Edinburgum " 5 April 1604 
before witnesses Sir Thomas Gordone of Cluny, Wm. Gordone of Geicht, John Gordone 
of Carneburro, James Gordone of Knokespak and John Chalmer in Drumbulg with 
divers others. These all signed, the laird of Cluny signing his territorial designation 
only, " Cluny." 

9. Theft and Habit & Repute. James Thomsone, son of Thomsone in Kildrym- 

mie, was sentenced to be drowned. 

13. Manslaughter. Thomas Watsone in Murcour, for whose entry Thomas Cuming, 

burgess, was surety. Mr. Wm. Reid, substitute to Mr. Wm. Barclay, Procurator Fiscal, 
prosecuted. The person alleged to have been killed was Alexr. Henrie in Murcour. 
A jury was impannelled, but as there were only 14 the case was put off for three days, 
when the accused was acquitted. Almost every one of the jurors were from the 
immediate neighbourhood, and Thomas Cuming, the cautioner for accused, was one of 
them. The crime was said to have been committed 12 years before. 

Appointment of Mair Depute. John Chalmer in Auld Abd. was admitted and 
sworn. 

20 



Diet Books: Vol. VIL, Contents 






1604. 

June 22. Removing. Wm. Allane, burgess of Abd. v. Andrew Hervy of Elrik, Janet 

Erskyne his spouse and James Hervy their son, and also John Hendersone, Wobster 
and others. The Pursuer claimed to be heritable proprietor of Karnefeidill (? Cairn- 
field or Cairnfold) and manor place thereof, occupied by the Hervys, and of Denistoun, 
Corthybuk and others in the parish of St. Machar in virtue of a Sasine dated 6 Octr. 
1602 under the hand of Mr. Wm. Chalmer, notary public. For John Leang and 
Margaret Thornetoun his wife, who desired to be admitted to defend, a Sasine of 24 
oxgait of Denstoun was produced, dated 22 March 1602, also under the hand of Mr. 
Wm. Chalmer. Defences were ordered on the following day. Decree was pronounced 
on I August. 

23. Manslaughter. James Innes of Ardgrayne, for whom Patrick Cruikshank in 

[?] Ardufrie was cautioner. The charge against Innes was the slaughter of Alexr. Pettin- 
dreich, his servant, and the cautioner was bound under pain of 500 merks to enter him 
on 3 July, and also to make his moveable effects forthcoming. On 3 July the case was 
continued to 30 July, under the same penalty, Robert Cruikshank in North seat of 
Oykhorne becoming cautioner. On 30 July no one appeared to prosecute and the case 
dropped. 

Manslaughter. Gilbert Forbes in Wateritchemure, for whom Mr. Wm. Reid 
was cautioner that he should take his trial on 31 July, for the slaughter of Katherine 
Wawan under penalty of ,100. 

Violent Profits. Thomas Atholl in Futie v. Wm. Walls in Futie, for whom Wm.. 
Cruickshank in Cottoun was cautioner. Caution of 30x3 merks renewed until " Lambes 
ewin." 

Appointment of Mair Depute. Mr. George Bissat, Mair of Fee, presented Wm. 
Downy in Hiltoun as Mair deput during pleasure, and the Sheriff admitted him, Bissat 
taking caution of Downy. 

Mutilation and Dismembration. Wm. Cultis in Overclune. For not appear- 
ing to underly the law for this offence, committed on Wm. Cormak in Braidmuyr of 
Boynds, the Sheriff ordained Cultis to be denounced to the horn. 

Lawborrows. Wm. Ross, servitor to the Laird of Drum v. Walter Warrander 
in Querrilhill. In respect of Warrander's failure to appear and find caution, he was 
fined 300 merks. 

July 5. Molestation and Cognition. Wm. Forbes of Poflug v. Wm. Forbes of Corsin- 

day. The Pursuer produced Sasine of the lands of Poflug, dated 28 May 1579. Notary 
Mr. Tames Forbes. He desired that the matter should be remitted to the trial of an 
inquest, which was eventually done in spite of objections by the defender to the effect 
(i) that the judges were not competent in respect of the exemption of the family and 
name of Forbes, and (2) that Parliament was sitting and therefore no process could go 
on. To the former it was answered that the defender had already barred himself by 
his pleading from declining the jurisdiction, and to the latter that the quality of the 
Pursuer and Defender was not such as to subject them to give presence in Parliament. 



Aberdeenshire Sheriff Court: 

1604. 

July 7. Killing Salmon in Forbidden Time. A large number of accused chiefly from 

the district watered by the Don and its affluents were charged. A jury of 18, mainly 
from the Donside or Ury district, absolved all the accused who appeared, except one. 
The accused who did not appear were denounced to the horn. The Sheriff depute was 
Mr. Richard Irving and the other members of Court were Provost Rutherford and 
Baillies David Rutherford, Thomas Forbes and Wm. Lowsone. 

1,8. Killing Salmon in Forbidden Time. Accused from Donside ranging from Goval 

and Pitmedden to Kemnay. A jury of 17 "clengit" all the persons put upon panell. 
Those who did not appear were fined. 

19. Removing. The Marquis of Huntly v. Robert Carnegy of Wester Kyncarden, 
George Cromar, George Duncane and John Brabner in P'ormastoun, his cottars and 
grasmen. For the defence there was produced a lease for the current year and various 
witnesses. Robert Cultis of Auchtercoull became cautioner for violent profits. The 
principal defender gave his oath that the lease had been granted to himself and not to 
his father, and the case was continued to 25 July, but there is no record of it on that 
day. 

20. Killing Salmon in Forbidden Time. The accused were chiefly from Upper 
Donside. A jury of 13 absolved all the accused who appeared, except one Ingram 
Chalmer in Drumallan, who "grantit his offence and pat him in the Justice will." A 
great number did not appear. 

30. Murder. Robert Guild, son natural of the late Wm. Guild, armourer in Old 
Abd. The record bears that Alexr. Blair, Tailor burgess of Abd., accused Guild " for 
the crewall and unmercifull slauchter of umquhill Wm. Blair tailzeor brothir to the said 
Alexr. commitit be him upone the Kings gait callit the Braidgait of the Gallowgait of 
the said burght with ane byknaiff of set purpois previsioun and forethoucht fellony upon 
Sounday the xxix of July instant." The accused pleaded guilty, but was remitted to a 
jury, who convicted him. The sentence was " Thairfor the Sref deput forsaid ordanit 
the said Roberts heid to be tane aff, and his richt hand quhilk comitit the fact, and 
byknaiff put thairthrow and set one the tolbuith in example of uthers to commit the lyk 
in tyme aiming." 

31. Lawborrows. Patrick Douertie in Foulholl v. Andrew Reid there, et e contra. 
Each swore that he dreaded bodily harm of the other, and each was bound down to 
keep the peace under the penalty of 40. Andrew Reid of Collestoun was cautioner 
for his namesake. 

Removing. James Forbes of Fechill v. Margt. Cruickshank, widow of Wm. 
Bruce in Chappeltoun of Essilmont, Edward Bruce, his son, and George Bannerman of 
Wattertoun, his tutor, and others. Parts of Fechil. Defences lodged for these Defen- 
ders and a continuation to 3 Octr. for answers. Others not appearing were ordained to 
remove. 



Diet Books: Vol. VIL, Contents 



1604. 

July 31. Removing. James, Earl of Atholl v. Francis, Earl of Erroll, Thomas Barnat in 

Lathers, James Gardyn in Drachlamiln, Alexr. Mernis in Racloche, Robert Walker in 
Glaslaw, Andrew Mernis there, Robert Stewart and Patrick Stewart his sons in 
Durlathers and others. The Pursuer stated himself to be proprietor of the two part and 
three part Lands and Barony of Latheris, Durlatheris, Glaslaw, Racloche and Wodheid, 
and specially the lands of Barricorne & Darricorne, Drauchlands & Mill of Rothybirs- 
ben. Decree was pronounced against Lord Erroll and Barnat to remove from Mains of 
Lathers, while the case was continued to the second day of the head Michaelmas Court. 
A large number of i6th century writs were produced on behalf of the other Defenders, 
the entry being of considerable length. 

Violent Profits. Walter Maitland, lawful son of the late James Maitland of 
Monlatie v. John Wilkeyn, Isobell Auchinlek and John Arthour, all in Tartie. These 
defenders had, in June 1603, got their holdings from Patrick Cheyne of Essilmont, 
against whom decree of removing had passed at Maitland's instance on 18 July 1601, 
and Cheyne was called for his interest in this action. The value of the grain decerned 
for was "according to the feir of the crop 1603." The value of the pasturage of 20 
sheep was fixed at 5 merks yearly, of 10 nolt 5<D/-, and of 2 horses io/- 
Augt. I. Fiars Court. The fiars of crop 1603. These were fixed more than once a year 

at this period, and Lammas was one of the dates. 

4. Receipt for Documents. Mr. Robert Gordon acknowledged to have received 

up a Charter and Sasine given by the late Sir John Gordon of Petlurge to his daughter, 
Barbara Gordon. 

6. Assault and Mutilation. Patrick Allane, indweller in Fraserburgh. There 
was presented for registration an obligation dated 3 August granted by Wm. Birny in 
Fraserburgh, by which he became bound to enter accused for trial on 18 August, and 
also that his goods should be forthcoming to the use of " our Souerane Lord his Graces 
procurator fiscal and John Fyiff burgess of Abd." the injured party. 

7. General Service. John, Lord Forbes to Dame Elet Keyth, his mother. The 
Sheriff refused to go on in vacation. 

II. Assault Blood-drawing. Thomas Davidsone, sometime servitor to the Laird 

of Ravyniscraig was charged with "dinging stricking & blude drawing of Keyth, 

Chopman." Fined in absence. 

Septr. 5. Manslaughter. John Duncane, for whose appearance Alexr. Burnat and Wm. 

Russall, burgesses of Abd. were cautioners, was charged with the slaughter of Elspet 
Paull, his wife, but acquitted. 

Obligation for Money. James Elphingston in Auld Crag, in favour of John 
Gordon of Bogs. Obligation to pay 40 merks before 1 1 Novr. under pain of poinding 
and horning, on a six days charge with ten merks for ' ' cost skayth & dampnage " in 
case of failure. The entry is signed by Robert Gareoch, Sheriff depute. 

15. Murder. John Huchoun, Flesher, for whose appearance James Robertsone and 

Alexr. Spens, cordiners, were cautioners. The charge was for the "allegit dinging 
stricking and blude drawing of umquhill Meriore Wode his spouse with his hands & feit, 
and specially with ane key in the heid be occasioun of the quhilk straik scho is depairtit 
this present lyiff commitit be him of set purpois preuisioun & forethocht fellony." The 
accused was acquitted. 

23 



Illustrative Example taken from Vol. VIL of Diet Books 

Criminal Indictment and Trial 

(22 February 1603) 

1. Johne Kid Indwellar in Auld Abd art Indytit for the thifteous 

steilling fra Andrew Brabner Youngar, furthe of his toune of Sunny- 
syde of ane yow about Bartholl day last 1602 In signe & tackin 
quhairof Androw Wentoun & ane uther of his nichtbours hard hir 
bleit cumand In at the Channonrie port 

2. Thow art Indytit for the thifteous steilling fra Androw Turnour In 

Horscruik of sex yowis furtht of his stedding thair about the xvii of 
Febr instant quhairof thair is tua apprehendit with the [thee] 

3. Thirdlie thow art Indytit for the thifteous steilling fra James Allane 

in Boghoill furthe of his stedding thair of tua yowis about the said 
xvii of Febr In signe & tackin thay war apprehendit with the 

4. Thow art Indytit for the thifteous steilling fra Ronald Allane seruitor 

to Wa Setone of Kingisseat of ane yow about the said xvii of Febr 
In signe & tackin she was apprehendit with the 

5. Thow are Indytit for the thifteous steilling fra George Moresone 

burges of Abd of ane wedder aff of the hill of Cunnagar about the 
said xvii of Febr quhairwith thow was apprehendit 

6. Thow art Indytit for the thifteous steilling fra Barbara Mowat relict 

of Umquhill Wa Leisk of that Ilk of tuelft sheip quhilk thow brocht 
ower the watter of Ithan and challengit with the & tane bak agane 

7. Thow art Indytit for the steilling fra Alexr Mar than dwelling In the 

Mure In the monetht of November or thairby 1602 yeiris furth of 
the dg (dwelling) of Auld of xv sheip quhilk thow brocht to 

Abd ouer at the Cobill of Ythan 

8. Item at that same tyme thow staw fra Wa Wilsone in Carmuk of 

thrie yowis of the quhilk thow slew ane In Thomas Arthors (some 
illegible words follow) 

1. Jon Litiljohne now at Justice Mylnis thow are Indytit for the 

thifteous steilling fra Androw Forbes litster of twentie sheip or 
thairby at syndrie tymes In the yeirs of God 1598, 99 1600 & 1601 
yeirs In signe & tackin Margaret Harper seruitour to the said 
Androw apprehendit the with ane of thame upone thy bak gangand 
In at thy awin dure & sho tuik the staff fra the 

2. Thow are Indytit for the thifteous steilling fra Patk Forbes & Alexr 

Andersone seruitors to the said Androw at syndrie tymes In the 
saids yeiris of sex sheip 

24 



Diet Books: Vol. VIL, Illustrative Example 

3. Thovv art Indytit for the cumand to Ferrihill In the moneth of 

in the yeir of God 1602 yeiris & braking of his hall or dwelling hous 
& tacking furth thairof of sex silver spunis ane stand of naperie half 
ane stane of cheis, ane pok full of blak vvoll and ane firlett of meill 
fro Androw Skynner 

4. Thow art Indytit for the thifteous steilling fra David Hairow at the 

Brig of Dee of fourtene sheip furthe of the lands of Eister Petfod- 
dellis in the moneth of Febr or thairby 1602 yeiris In signe & tackin 
thow was apprehendit that same tyme be Margaret Harper & thow 
hid sewin heids of the said sheip under furis of Rigs and tuik with 
the woll & the cresche 

5. Item ye and Ilk ane of you art Indytit for commoune theiffis & 

briganes recept of thift Infang & outfang haveing na moyan nor geir 
to leif upone bot onlie be steilling In signe & tackin thair was tane 
furthe of the myre at the bak of Jon Litiljohns hous as thay gang 
to the Brig of Dee be Johne Key at Justice Milne & his seruitours 
thrie stane of Talloue, sex scheipis Intrallis and sheipis banes 

and thow mad the Last yeir pair of plaids and ane pair this 

yeir wowin be George Walker thow neuer beand ane bloker, ane 
byar nor haveing na sheip of thy awin. And thy wyff knaweing of 
thy thifteous deids left the thre syndrie tymes, quhilk beand denyit 
be the saids persones the Shreff remitit thame to the tryell of the 
Assyis following 

6. Item the said Litiljohne for being airt & pairt of the steilling of the 

sheip quhairwith the said Jon Kid was apprehendit extending to the 
numer of sex stowin fra Androw Tumour George Moresone James 
Allane & Ronald Allane 

Nomina Assise 

George Arbekie in Auld Abd Alex Douglas at the Brig of Dee 

Adame Banerlay thair Patk Forbes thair 

Jon Barcar thair Jon Walker thair 

Jon George thair Jon Still in Ferihill 

Jon Hay thair Jon Key at Justice Milnis 

Androw Torrie thair James Smithe In Kincorthe 

Jon Torrie thair Alexr Wobster in Kincorthe 

Henrie Mowtray In Pervynnes James Miln in Auld Abd 
Hew Hebburne thair George Gordone thair 

Wm Cruikshank In Cottoun Duncane Barcar thair 

Alexr Robertsone In Auld Abd 

George Ogiluy fleshour in New Abd 

Androw Hervie in Auld Abd 

D 25 



Aberdeenshire Sheriff Court 

The haill assyis be the mouthe of Henrie Mowtraye thair chancellar, 
convictis the said Johne of the secund, third fourt, fyft, sewint and 
aucht poynts, and siclyk convictis the said Johne Litiljohn of the 
secund, fourt, fyft, and sext poynts and siclyk convictis baith the 
saids persones be oppin voce & commoun fame & absoluis thame fra 
the remanent poynts 

(Signed) henri Mutray Chancleir 

The Shreff ordanit the saids persones to be drownit for thair 
demereitts. 



26 



The Diet Books, Vol. VIIL Part L J603, Part IL J600-1622. 

This, which on the outside binding is titled a Diet Book 1603-17, is 
called on the title page " Court buik begune undecimo die Januarii 1603," 
and the first entry contained in it is the Head Yule Court held on that 
day. To call it a diet book was in a certain sense correct, for while it 
contains apparently most of the work de die in diem from the above date 
until 23rd June, 1603, occupying about 100 pages, the remainder, nearly 
300 pages, contain the engrossment of trials of Brieves of Services of 
various kinds, and of Edicts of Curatory from 1600 to 1622, with a 
sprinkling of other matter, such as revocations by heirs within the 
quadriennium utile, &c. 

The volume is in exceedingly good preservation, although a 
considerable proportion of the contents is much faded and blurred. 
The whole of it is evidently transcribed from other books, and indeed 
the first part is, as already pointed out, a clear and expanded copy 
of at least a considerable proportion of the entries in the volume last 
noticed. 



27 



Table of Contents of Vol. VIIL of Diet Books. Part L 

1603. 

Jany. II. Violent Profits. Wm. Gordoune, eldest lawful son of Wm. Gordoune of Duny- 

made v. Thomas Dempster of Auchterless. Mr. Arthur Watt, as Sheriff in that part, 
presented letters of Advocation, summoning the party and the Sheriff depute before the 
Lords of Counsel on 26 January. 

Decree for Rent. James Gareoche of Kinstair v. Alexr. Smithe in Ardgathin. 
The arrears of rent of crop 1602 of the lands of Smydihill amounting to 14 bolls 10 
pecks of meal. The Pursuer protested for the highest prices. 

Lawborrows. James Andersone in Auchlossin and Alexr. Stewin in Waster 
Beltie v. Alexander Gordoune, Merchand, brother to Wm. Gordoune in Deskrie. 
Wm. Gordoune appeared and became cautioner for his brother to the extent of ,300 
Scots, and Alexr. Gordoune became bound to relieve his cautioner. Both cases were 
continued to 15 January to give in defences; but on that day Letters of Advocation 
were presented. 

Spuilzie and Eviction. David Arbuthnot in Langseat v. Andrew Lyoun, elder 
in Ester Ardoche, David Lyoun in Wester Ardoche, Richard Lyoun, Smith in Potter- 
toune, David Skeyne there, George Clerk son to John Clerk in Pottertoune, and 
Alexr. Jamesone there. There were two actions here, in both of which January 1 5 was 
assigned for defences. 

Abstracted Multures. Bartholl Leslie, portioner of Cheppiltoun, and Margt. 
Hervie his wife v. Patrick Leslie of that ilk. The Pursuer produced a Charter of the 
mill (presumably Cheppiltoun) granted by John Leslie of that ilk on 14 January 1577, 
and Sasine, dated 27 January same year. Notary Hew Hervie. 

Nature of action not disclosed. John, Lord Forbes v. James Mortymer, fiar of 
Cragyver. This was a diet for proof. An objection to the proof proceeding was taken 
on behalf of the Defender, the ground being that, altho' the amount for which he was 
sued exceeded 100 merks, he had not been summoned by a mair depute but only by an 
officer. On the Pursuer agreeing to restrict his claim pro loco et temfore to 100 merks, 
the Sheriff depute held the citation of the Defender to be valid. 

Special Service. Thomas Cheyne, son of Mr. Patrick Cheyne of Ranestoun, 
burgess of Abd. The Lands of Ferryhill, Ailhous and Smyddie crofts, Mill and Mill 
Lands of the same in the Parish of St. Maucher. Held of the Crown in feu farm for 
payment of 20 Scots per annum, with a duplicand on the entry of heirs. Old and 
new value 20. In non-entry since death of ancestor on 5 October 1602. 

12. Nature of Action not disclosed. Andrew Skeyne in Ferrihill v. David Gardner in 

the Bray of Petfoddellis. February I assigned for defences. 

28 



Diet Books: Vol. VIH, Part L, Contents 

1603. 

Jany. 12. Nature of Action not disclosed. Isobell Craigheid and Thos. Fergowsone, burgess 

of Abd., her husband v. Margt. Cruikschank, widow of John Craigheid in Fuddes. 
February I assigned for defences. 

Nature of Action not disclosed. Andrew Gray v. George Hardie in Haddocht. 
February 15 assigned for defences. 

Nature of Action not disclosed. Andrew Gordone v. Patrick Leslie in Setoun. 
Term for lodging defences circumduced and petition admitted to the Pursuer's 
probation. 

Nature of Action not disclosed. John Leith, apparent of Harthill v. Win. Leslie 
of Tocher and his tenants. February 13 assigned to Pursuer to answer the eiks to 
the defences. 

Claim for Rent. James Ogiluy of Blerak fc>. Alex. Mar in Watishill and James 
Mar his son in Mure plough of Wester Auchleuchreis. 24 bolls meal and ,8 custom 
silver, due for occupation of Mure plough for crops and years 1598, 1599, 1600, 1601 
and 1602. Pursuer's Sasine was dated 5 June 1596. Notary John Leslie. James Mar 
became bound to relieve his father, Alexr. Mar, the other defender. 

Nature of Action not disclosed. George Hardy in Haddocht i: Andrew Gibsone 
in Haddo of Furvie and others. In default of appearance the case against Gibsone 
was remitted to the Pursuer's probation. February 15 assigned for defences for the 
other Defenders. 

Decree of Wrongous Intromission. Andrew Barclay, Sklaiter v. John 
Buchannan in Auld Abd. and Isobell Airlhe, his spouse. The Pursuer obtained Decree 
for "Tua clokis the ane thairof gray and the uther russat price of the gray cloik x lib 
price of the russat clok vi sh viii d. Item tua linning neks worthe xvi d and ane 
hember worthe xl d " all which had been taken in June 1600. 

Nature of Action not disclosed. George, Earl Marischal v. Walter Innes in 
Adiell. Defender not appearing, case remitted to Pursuer's probation. On I Febry. 
the Defender was represented, and on payment of expenses was reponed. Pleadings 
were subsequently lodged, but the case is not mentioned after 1 6 Febry. 

Nature of Action not disclosed. Nicoll Ross, Cordiner, burgess of Abd. . 
Archibald Patersone at the Walkmilne of Belty. Defences ordered, but no subsequent 
entry is found. 

Breach of Arrestment. Mr. Win. Barclay, Procurator Fiscal, and Wm. 
Slraquhan of Glenkyndie v. Gilbert Kobertsone at the Milne of Fedderet. There were 
produced (i) the private Pursuer's own precept of arrestment (2) execution thereof and 
(3) his Sasine, dated 20 Febry. 1566. Notary Sir Wm. Proctour. After various pro- 
cedure Decree was pronounced on July 30 (vol. VII.), but no detail is given there. 

29 



Aberdeenshire Sheriff Court : 

1603. 

Jany. 12. Claim for Rent. Girsall Hay, widow of John Dilgarnocht of Blakwatter, John 

Hay, her husband, Wm. Hay of Cremoundmogat, father, tutor & administrator for the 
said John Hay v. James Smithe in Rattraye and others tenants there. Subsequent 
entries disclose that certain " Ruiddis and lands" in Rattray were the subject of the 
action. One Jonat Keyth was admitted to defend for her interest on 8 Febry., producing 
a Sasine, the date of which is not given, and on 19 Febry. Alexr. Keyth of Balmure 
desired to be and was admitted in respect of the Sasine of Cristane Dilgarnocht, dated 7 
June 1595, and an Assignation by her to him of the duties libelled. 

Claim for Arrears of Rent. Barbara Gordone, lawful daughter of the late Sir 
John Gordone of Petlurg, Knight, and Abraham Forbes of Blaktoune, her curator v. 
John Gordone of Petlurg and tenants of Thornywray. After various procedure the 
tenants were apparently allowed out of the case, upon the defender Gordon swearing 
that they had paid to him the half rents crop 1600 and the whole rents crop 1601. 
(Vide p. 23.) 

Renunciation. Meriore Annand, wife of George Leslie of Hilbray, in favor of 
James Setoune of Bourtie, burgess of Abd. A contract, probably of wadset, between 
Leslie and Setoune and Margaret Rolland the wife of the latter, dated 24 Deer. 1601, 
and registered in the Books of Council & Session 22 Febry. 1602 is referred to. The 
lady renounced her conjunct liferent &c. in the lands of Hilbray, Mill of Bourtie, &c. in 
the Parish of Bourtie. After Leslie had appeared and intimated his consent the Sheriff 
interponed his authority. 

13. Nature of Action not disclosed. Sir Patrick Hebburne of Luffnes, Knight v. John 
Ogstoun in Cheppilhill of Fingask and Gray in Petsligo. In default of appearance by 
Defenders, case remitted to Pursuer's probation. 

Nature of Action not disclosed. Gilbert Gray, burgess of Abd. and Meriore 
Gordoune, his spouse v. John Dwne in Ellone. There was produced for the Pursuers a 
Charter, dated 19 Octr. 1599. In the course of subsequent procedure the defences were 
repelled, and after the taking of the Pursuer's oath of calumny on 16 March the case 
disappears. 

14. Spuilzie. John Thomsone in Fechlie v. John McHardie alias Euer McRichie in 
Auchintoull at the heid of Glengardin. "Ane blak quhyit, blak pointed hornitox" 
was claimed. The Defender did not appear and he was ordained to be cited again to 
give his oath. 

Ratification. Agnes Forbes, wife of Andrew Brabner, younger, burgess of Abd., 
ratified a Contract, Charter and Infeftment dated 13 Novr. 1602, whereby Brabner, in 
consideration of 800 merks and with the consent of his wife and brother Alexr., 
alienated by way of wadset to William Moir, burgess of Abd. the "toun and lands 
callit the Sonye Syde, Spittellhill and croft adiacent to the College Croft " lying within 
" the Regalitie of the College of Auld Abd." Also the lands " callit the Calsie Seatis " 
within the freedom of the Burgh of Aberdeen. 

3 



Diet Books: Vol. VIE., Part L, Contents 

1603. 

Jany. 15. Abstracted Multures. John Glenny at the Doipmilne of Arnage v. James 

Gordone, fiar of Newtoune, Mr. Wm. Barclay Vicar of Inche, and William Bur at the 
Milne of Williamstoune. The Pursuer produced a Lease of Mill of Williamstoune, 
granted by the Defender Gordone in his favor for five years from Whitsunday 1601, 
dated i May 1601. February i assigned for defences. 

Nature of Action not disclosed. Thomas Burnat of Cragmyill v. Charles Chalmer 
of Tillikirie. Action wakened and the Pursuer's Sasine of the lands of Cragmyill &c. 
produced dated 8 Jany. 1598-9. Notary Mr. Robert Davidsoune. Pronunciation of 
interlocutor continued to February 16. 

Feby. i. Eviction and Payment. George Adamsone in Elphine v. Wm. Leisk of that 

Ilk et e contra. Adamsone produced a lease by Thomas Leisk, apparent of that Ilk, of 
the town and lands occupied by Thomas himself for 5 years from Whitsunday 1596 with 
two receipts for rent, viz. : (i) For the rent of Auchmad crop 1600, and (2) For the 
rent of Belschamphie for the same crop and all previous crops. Among the witnesses 
cited in this case was Alexr. Hay of Brunthill. 

Spuilzie. Wm. Irving, elder, in Hoill-MIThe v. Jeane Lumsden, widow of Alexr. 
Chalmer of Cultis, and Alexr. Chalmer, his son. The Pursuer claimed "tua meiris and 
ane steir." This action was dismissed on 16 April, without prejudice to the Pursuer's 
right to sue again. 

Spuilzie. James Cassy in Quhytstryipis v. Martene Howesone, burgess of Abd. 
and John Craufurd, messenger. A horse was claimed. After various diets the 
Defenders were allowed a proof of their last defence, and on 16 April they produced a 
compulsitor of the Commissariat of Abd. at Howesone's instance against Cassy for 
payment of money, with an execution of comprising of the horse following on it. 
Witnesses were admitted to proof that at the comprising the horse was offered to Cassy. 
The end of the case is not reached in the volume. 

Claim for Arrears of Rent. Christian Fraser, widow of Alexr. Setoune, fiar of 
Meldrum, and wife of Alexr. Forbes of Fingask v. Alexr. Setoune in Ardconnan. 
Christian Fraser's liferent Sasine was produced, dated 4 Deer. 1584, notary Mr. James 
Forbes, and also a writ of repossession of the rents granted by Walter Wode of Fetter- 
carne on 20 Deer. 1602. February 8 assigned for defences. 

Removing. Christian Fraser, widow of Alexr. Setoune, fiar of Meldrum, and 
wife of Alexr. Forbes of Fingask v. Alexr. Setoune in Ardconnan. The subjects were 
the "myddill pleuch of the schaddou half lands of Ardconnan and ane croft of the 
Kirktoune of Bathelny callit the Clerks croft " in the parish of Bathelnie. 

Spuilzie. John Farquharsone in Invergald v. John McBrebarconnie in Monaltrie. 
The Pursuer claimed a dun horse, to which he produced an assignation, granted in his 
favor by Thomas McPhereis in Crathinhard, dated 28 Novr. 1602. This assignation 
McPhereis appeared in Court to authorize, ratify, affirm and approve. The Defender 
did not appear. 

31 



Aberdeenshire Sheriff Court: 

1603. 

Feby. I. Nature of Action not disclosed. James Gardyne of Blakfurde v. Alexr. Meldrum, 

sometime of Bogheids, and George Meldrum, his "oo" [grandfather]. The Defenders did 
not appear, but the Pursuer produced a discharge between the parties with " ane rewin" 
[torn] "contract contening ane cassatioune on the bak thairof quhilk the said James 
instantlie tuik upe agane." 

Failure to Present an Accused for Trial. Gilbert Fergowsone at the Miln of 
Petfichie v. Thomas Muckard at the Miln of Monymusk. Muckard appeared, being 
summoned on Ferguson's petition, and being sworn at the bar, admitted that he had 
promised faithfully to present Win. Watt in Kyldrymmie at the Court of Monymusk, 
charged at the instance of Ferguson with certain capital crimes and that he had failed 
so to present him, " anent the quhilk the Shreff deput tuik to be advysit." 

2. Spuilzie. John Lumsden of Cushnie v. Andrew Touche in Brigend of Litill 

Lenturk. A "blak gray hors " was claimed. In support of his summons Lumsden 
produced a copy of an act from his own " Baillie Court buik." This copy was collated 
word by word with the book in Court. February 8 assigned for defences. 

Liquidation of Prices. (Supra II Jany., p. 28.) James Gareoche of Kilstair v. 
Alexr. Smythe, sometime in Smiddyhill. Two witnesses viz. James Forbes in Abd. 
and Alexr. Blakhall there were adduced, who deponed that the price of farm meal 
crop 1602 was $ Scots p. boll. The Decree was in accordance with this evidence, 
with 4O/- of expenses. 

Special Service. (Inq. Spec. Abd. No. 89.) John, Lord Abirnethy of Saltoune, 
grandson of Alexander, Lord Abirnethy of Saltoune. Superiority of the Lands and 
Barony of Lessindrum. Old value 2O/-, present value 4. Held of the Crown for 
service of ward and relief. In hands of Crown for 15 years and 10 months since death 
of ancestor in April 1587 viz. : 10 years by reason of ward, and 5 years by reason of 
non-entry. 

5. Eviction. George Maky in Innerowrie v. Wm. Mackie there. Defender being 

absent, case admitted to Pursuer's probation. 

Intrusion. Wm. Keithe of Pettindrume v. John Barclay there. Sasine produced 
but date not mentioned. February 16 assigned for defences. 

Renunciation. Jeane Erskyne, widow of George Auchinlek of Balmanno, and 
wife of John Leslie of Balquhane, with consent of the said John Leslie. Alexr. 
Gordoune at Kethakismylne, as Procurator for George Auchinlek of Balmanno, presen- 
ted a contract between the Leslies and Balmanno, whereby the former had bound 
themselves that the lady would, for a price of .1000, convey to Balmanno or his 
nominee, her terce in the lands under mentioned, to which she was entitled as widow 
of her former husband. These subjects were : Two parts of the Mains of Schethin, 
Mill of the same, &c., &c., two parts of the lands of Raakistoune, Craigie, Little 
Meldrum, &c., two parts of Balgowny, Murcour, Wastfield, Kethakismilne, and 
Walkmilne of the same, two parts of Dillappie all lying in Aberdeen and Forfar Shires. 
The conveyance of part of the subjects was to Balmanno and part to his eldest son and 
apparent heir, George Auchinlek, whom he had nominated. The procuratory was 
signed at Kethakismilne, 29 Novr. 1602, and the contract at Aberdeen, 13 August 1602. 
Both Balquhane and his wife appeared in Court. 

3 2 






Diet Books: Vol. VHL, Part L, Contents 

1603. 

Feby. 10. Decree of Removing. Mr. Alexr. Leslie, parson of Rothes v. Patrick Leslie of 

that ilk. The shadow third part of Mains of Leslie in the parish of Premnay. The 
action had been advocated to the Court of Session, but remitted back to the Sheriff. 
The Pursuer produced (i) Act of Remission, dated at Edinr. 4 Deer. 1602 ; (2) Sasine 
dated 21 May 1588 Notary Mr. James Forbes and (3) Letters of Horning raised and 
executed against the Defender and registered in the Sheriff Court Books. The 
Defender did not appear. 

1 6. Decree in Supplement for Rent. Elizabeth Hay, Lady of Towie v. Andrew 

Schewan, John Ray, Gilbert Ray and Patrick Smithe in the Outseats of Mekill Drum- 
quhendill. The Pursuer, who was liferentrix of Mekill Drumquhendill and Outseats 
thereof, had in April 1599 and 20 Febry. 1601, obtained in her own Baillie Court 
decrees against the Defenders, who had been tenants of Outseats. These decrees she 
produced in order to get a decree from the Sheriff Court in supplementum justilia. 

Violent Profits. James Gardyne of Blakfurde v. Margaret Lamb, widow of the 
late Alexr. Gardyne of Blakfurde, and George Lamb in Langlandwallis, her cautioner. 
February 23 assigned for defences. 

1 8. Nature of Action not disclosed. John Forbes of Echt v. Andrew Bonar in 
Boquharne and Thomas Sheriff in Colhay. February 23 assigned for defences. 

19. Discharge of Spuilzie. Alexander Scott in Mylnaniet'. Gilbert Bairdof Auch- 
medden. In consideration of certain sums paid by Baird to Scott, of which the latter 
" haulds him weill contentit plesantlie satisfeit and payit," the action is renounced and 
discharged. The corresponding entry in Vol. VII. of the Diet Books is signed by 
John Gordone of Bogis, the Sheriff depute. 

Renunciation of Tenancy. George Low in Artanfurde in favor of John Irving 
of Artanfurde. Eight oxingait of the Lands of Artanfurde in the parish of Deir as from 
Whitsunday 1603. The entry in Vol. VII. is signed by Low and the Sheriff depute. 

Spuilzie Advocation. Alexr. Cruikschank, burgess of Abd. and David Mudie, 
Mair depute, Abd. v. John Wode at the Mylne of Fintray. Robert Gareoche, Sheriff 
in that part, produced letters of Advocation. 

Breach of Arrestment Advocation. Mr. Wm. Barclay, Procurator Fiscal for 
himself and as Procurator for Alexr. Cruikschank and David Mudie v. Alexr. Cruik- 
schank in Wantonnes and John Wode at the Mylne of Fintray. Evidently connected 
with the immediately preceding entry. Robert Gareoche produced letters of Advo- 
cation here also, stopping procedure until March 10. 

22. Eviction. Robert Glenny in Nethirtoune of Raneishill v. Cristane Symsone, 
Charles Currie and Alexr. Symsone. March 2 assigned for defences, but no particulars 
given and no decision in this Vol. 

23. Spuilzie. George Reid in Auchinlek v. Andrew Reid in Over Barrak and George 
Reid, his son, there. No particulars. Defences ordered but case never appears again. 

E 33 



Aberdeenshire Sheriff Court : 

1603. 

Feby. 23. Decree in Supplement. Mr. Richard Irving, burgess of Abd. v. Patrick Wyslie 

in Kemmellis. The Defender had become acted in the Baillie Court Books of Aberdeen 
on 3 April 1602, to pay to Mr. Irving 6 for each boll of five bolls of beir and five bolls 
of meal, and this decree is pronounced in supplementum justifies. 

Removing. Alexander, Lord of Fyvie, President of the College of Justice v. John 
Watsoun in Mill of Pettie. Mill of Pettie &c. Sasine produced but date not given, 
the entry bearing that the Procurator for the Pursuer " instantlie tuk it upe agane." 

Claim for Arrears of Rent. Patrick Gray, sometime portioner of Barrak v, 
Gedioun Keithe in Garlogie, James Stewin and Harie Gordoune of Sauak. Sasine 
produced, dated 24 May 1598. Notary James Birny. April 16 assigned for defences. 

March 2. Mill Multures. John Leith of Harthill v. John Burnat in Craigtowne. There 

was produced for the Pursuer a contract between him and the Defender dated 4 April 
1601. March 9 assigned for defences. 

5. Breach of Arrestment. Mr. Win. Barclay, Procurator Fiscal, and George 

Knowis, burgess of Abd. v. Wm. Knowis of Logyruif, John Mallice and Patrick 
Hendersone there. Precept of Compulsitor directed by the Commissary of Aberdeen 
and executions thereof produced. March 9 assigned for defences. 

Renunciation of Tenancy. Walter Stewin in Bischopis Clintertie, in favor of 
Mr. Wm. Fraser, heritable feuar thereof. The town and lands of Bischopis Clintertie 
in the parish of " Sanct Maucher." 

9. Renunciation of Tenancy. Agnes Andersone, widow of James Jamesone in 

Brumhill, with consent of Wm. Keith in Edny, her husband, and John Andersone in 
Dennis, as tutor of John and Geillis Jamesone, in favor of Alexr. Irving of Drum. "The 
towne and lands of Browmehill lyand within the Baronie of Fedderet perioch of Deir 
and Shrefdome of Abirdeine." The Pursuer had on 12 June 1602 obtained Decree of 
Removing in the Court of Session. 

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and James Gor- 
done, fiar of Newtoune, and Alexr. Andersone, messenger, for their interest, v. John 
Glenny at the Mill of Arnage, James and Patrick, his sons, Andrew Litiljohn, Andrew 
Stewynsone, Cristall Pratt, George Reid, Thomas and Alexr. Watsone, Robert Pirie, 
and Philip. The instance is thus worded " at the instance of our Souerane 

Lord the King, His Majesty Mr. Wm. Barclay his Grace procurator fiscall," &c., &c. 
An objection to the executions, as having been "mendit" after service of the summons, 
taken to avizandum. ( Vide Sripra Jany. 15.) 

Eviction and Spuilzie. John, William, Beatrix and Annas Fraser, children of 
the late Alexr. Fraser in Cults, and Andrew Mayne in Edistoune, their guidsir and 
administrator v. Thomas Mengzeis of Durne. The confirmed testament of the deceased 
Alexr. Fraser was produced, and April 16 assigned for defences. The Defender's pro- 
curator did not admit the jurisdiction of the Court. 

34 



Diet Books: Vol. VIE., Part L, Contents 

1603. 

March 9. Decree of Spuilzie. Alexr. Forbes in Dauauche v. John Makbrebar alias Ochan 

and Margaret Cultis alias Oge, widow of Allister Keir in Recharcharie. The Pursuer 
claimed " ane blak riggat ox of sewin yeir auld or thairby price thairof " 16. " Ane 
uther ox sex yeir auld or thairby " 20 merks. These were said to have been taken 
from Mekill Curriehoull in August 1600. Violent profits claimed for each ox per 
annum 6 firlots victual at 10 merks per boll. The sums decerned for were for the two 
oxen 50 merks, and for violent profits a boll of beir at 8 merks for each ox per annum. 

General Service. Patrick Willicok, son of Alexander Willicok, Dyer, burgess of 
Abd. to his grandfather, Thomas Con of Hairmoss. 

General Service. The same to his grandmother, Isobell Cheyne. 

16. Nature of Action not disclosed. Janet Lumisden, widow of James Duncane of 

Merdrwme v. Andrew Glennye. A Sasine was produced but no date is mentioned. 
April 1 6 assigned to pronounce interlocutor. 

Blood-drawing Submission to Arbitration. The Procurator Fiscal, Patrick 
Leslie of that ilk, George Leslie, his son, and George Wode, his servant v. Bartholl Leslie 
in Cheppiltoune, Wm. Leslie, son to Patrick Leslie, Alexr. Hervy, son to Andrew 
Hervy of Elrik and others (probably merely underlings). James Ilervy, son of Andrew 
Hervy of Flrik, had become cautioner to enter the accused for trial this day. He 
entered three of them viz. : Bartholl Leslie, Wm. Leslie and Alexr. Hervy, which was 
accepted as sufficient. The accused offered humbly to submit themselves to the judg- 
ment of the Laird of Leslie and his son ; but they declined and referred this and all 
questions between them to Patrick, Lord of Lindores, John Leslie of Balquhane, John 
Leslie of Wardres, Patrick Leslie of Kincraigie, John Keyth of Ravynscrage, Wm. 
Udnie of that Ilk, John Leith of Harthill, John Leslie of Petcaple, and John Chalmer 
of Balbithane, or any four agreeing, the Lord of Lindores and Leslie of Balquhane 
being two of the four. The Fiscal protested that the submission " preuidice nocht his 
Grace." James Hervey again became cautioner for the accuseds entry on 4 May. 

Tutory. James Chalmer, brother's son to the Laird of Balbithan. John Chalmer 
of Balbithan presented gift of Tutory, dated 27 January 1603, accepted office, took the 
oath de fideli, found James Leslie in Ryhill cautioner for him, whom he obliged himself 
to relieve. 

April 1 6. Spuilzie. Robert Birny in Braklay Tarves v. Alexr. Follay there. May 5 

assigned for defences. 

Claim for Production of a Lease. Gilbert Keithe of Auchireis v. John Fraser, 
son and apparent heir of Alexr. Fraser in Auchireis, and Margaret Keithe, his wife, John 
Fraser of Creichie his tutor and all others his tutors. The demand was for the pro- 
duction and exhibition of a lease, but of what subjects does not appear. 

35 



Aberdeenshire Sheriff Court: 
1603. 

April 1 6. Mill Multures. Alexr. Gordone at Kethokismilne v. Hew Hebburne in 

Pervynneis and Elspet Hervie, his wife. At this diet the Pursuer referred the case to 
the Defenders' oaths of verity. On 4 May following their oaths were taken, and being 
negative of the reference, they were assoilzied. From their depositions it appears that 
Elspet had been formerly married to Edward Drume, who died at Michaelmas 1 597 , 
and that she married Hebburne after the beir was sown in 1600. 

Eviction. George Elphingstoun, burgess of Abd. v. Walter Wode of Fettercarne. 
The subjects are not mentioned ; but the Pursuer produced an Assignation made to him 
by one Henry Arbuthnot. June 23 assigned for defences. 

Spuilzie. John Gray, burgess of Abd. v. John Kennedy in Schedochisley. No 
particulars given. May 4 assigned for defences. 

Nature of Action not disclosed. James Urquhart in Allanboy v. James Gald in 
Nethirtoune and Patrick Michell in Cowschellauche. No particulars given. May 4 
was assigned for Gald's defences, but Michell did not appear. 

Mutilation. James Mylne at the Mylne of Udnie v. Thomas Smyth in Boghous. 
Alexr. Cruikschank, elder, burgess of Abd., who had bound himself to enter Smyth 
for trial, did so and was freed of his caution. No one appeared to prosecute, in respect 
of which and of the production by the accused of (i) Registered Letters of Horning 
against his accuser and (2) Royal letters of respite for the crime charged against him for a 
period of 19 years. In respect of these he was dismissed from the bar. 

Unlawful Carrying and Use of Firearms. James Miln at the Miln of Udnie 
was bound over under penalty of 1000 merks to take his trial on 23 June for the alleged 
"beiring weiring & schuting with pistollis." 

Theft by Housebreaking and Reset. George Turing, Janet Straquhan, Henry 
Russall and Thomas Burnat were charged and convicted. The names of the jury are 
not given here ; but Thomas Cuming, burgess, of Abd. was Chancellor. The sentence 
against the men was that they were " to be tane to the Gallowhill & thair to be hangit 
quhill thay be deid " while the woman was "to be tane & scurgit throche the toun & 
perpetuallie baneist furth of this Shrefdome & neuir to be seine within the same with 
certification in caice scho contraveine to be drownit without fordder doome or law." 
The houses of Dumbennan and Monymusk were among those broken into. As appears 
from Diet Book, Vol. VII., the jury numbered 21. 

Killing a Child and Wounding the Mother. Thomas and Alexander Reith 
in Petmedden were put on trial, but the jury acquitted them of the charge, which was 
of going to a certain place " and tacking of umquhill Alexr. Forbes sone to Normond 
Forbes in Petsligo & manassing (threatening) to cast the said bairne upe & to kaip " 
(catch) "him on ane durk, lyk as thay did and efter he was fallin to the ground for 
stramping of him with thair hands & feit be occasione of the quhilk he departit this 
present lyf, And for the wounding & blude drawing of Elspet Roberlsone mother to the 
said Alexander in saifing of the said Alexander hir bairne in dyueris pairtis of hir bodie 
and specially in the heid " and for carrying firearms. The Chancellor of the jury was 
William Bruce of Cheppiltoune. 



Diet Books: Vol. VIIL, Part L, Contents 

1603. 

April 28. Theft by Housebreaking. Andrew Hay from Bo'ness, the accused, who said he 

had been born in " Bownis," had broken into a house in Abd. on the previous day and 
stolen " tua peks of meill, ane pair new schone with a pair of tuedling scheitts." On 
pleading guilty he was sentenced to banishment from the SherifFdom, with the usual 
addition of hanging without trial if he came back. 

May 3. Discharge. Janet Sangster, daughter of the late Gilbert Sangster in South 

Colpnay and wife of Duncan Breichin, appeared and discharged 500 merks and all 
other sums payable to her by her husband under Marriage Contract. Alexr. Wode of 
Colpnay stating himself to be "oureman to the said Jonet" under her father's will, 
protested. 

4. Eviction and Spuilzie (Infra 25 May). Wm. Bruce, sometime in Affleck now at 
Mill of Furvie v. Mr. Robt. Lumisden of Affleck, John Urquhart of Culbo, Tutor of 
Cromarty his curator, Helen Urquhart, widow of Wm. Lumisden, Chirurgeon, and Wm. 
Fywie in Altrie (et e contra). The Pursuer had been tenant of the shadow half of the 
lands of Affleck in the Parish of Deir, from which he had probably been evicted for non 
payment of rent and his crop seized by the landlord. 

Claim for Arrears of Rent. John Arthour, one of the Commissaries of Edin- 
burgh, Assignee of Robt. Arthour of Kingiswalls v. Gilbert Young there. The 
defence was that Robert Arthour had promised the Defender " sufficient nichtbour- 
heid in plewching " and had not done so ; but he failed to prove it. The price of beir 
was fixed at ^10 and that of meal at 8 per boll. Price of poultry 3/4 each. A load 
of peats 2/- Tallow 5 merks per stone. 

5. Decree of Transferring. Alexr. Forbes of Thainstoune v. Patrick Grant of 
Ballandaullach, Walter Grant, burgess of Banff, James Grant in Tillibo, Wm. Gordone 
of Gecht and George Gordone, sometime of Creichy then in Straloch. This case arose 
in connection with the provisions of the Marriage Contract entered into between the 
Pursuer and Janet Grant, sister of the late Patrick Grant of Ballindalloch, dated at 
Turriff 25 and registered in the Sheriff Court Books of Aberdeenshire 29 June both in 
1565. On his side Forbes undertook to infeft his intended wife in Kirktoun of Kynnel- 
lar in liferent, which he did, the bride's brother, Patrick Grant, as principal, binding 
himself to pay to the bridegroom 800 merks, which he had not done. The cautioners 
for Patrick Grant were George Gordone of Schewes, James Gordone of Creichy, Patrick 
Grant of Uavey and Mr. Wm. Grant in Tillibo. This action was for the purpose of 
transferring the liability for the 800 merks to the representatives of the original obligant 
and his cautioners, viz. : The defender, Patrick Grant, as representing his father, Walter 
and James Grant as representing their father, Mr. James Grant in Tillibo, Win. Gordone 
of Gccht as eldest son and representing John Gordone of Gecht, who was heir or 
representative of George Gordone of Schewes, who was heir or representative of Sir 
George Gordone of Schewes, Knight, and George Gordone sometime of Creichy as 
representing James Gordone of Creichy, his father. Andrew Grant of Rewmoir and 
Patrick Grant of Davey were called as representing their father, Patrick Grant of Davey ; 
but the libell was departed from as against them. A plea of payment was stated, but 
no attempt was made to prove it, so decree passed. 

37 



Aberdeenshire Sheriff Court: 

1603. 

May 5. Theft. Meriorie Burne, daughter to the late John Burne in Fechill, convicted 

of the theft of 10 in April, was sentenced to scourging through the town, banishment 
from the county and drowning without trial if she returned. 

n. Manslaughter. Thomas Adame in Tilliboy was charged with "the crewall & 

unmercifull slauchter of umquhill Johne Chrystie in Tilliboy with ane gad or trie upon 
the day of 1601 yeiris be striking hurting wounding and oppressing" 

committed at Tilliboy. David Aidy, burgess of Aberdeen had been cautioner, but upon 
the Sheriff continuing the case to 23 June John Forbes of Echt became cautioner for 
;ioo to enter him on that day. As appears from Vol. VIII. the accused was duly 
presented for trial on that date, but in the absence of a prosecutor was discharged. 

17. Theft and Habit & Repute. Thomas Forsyth was convicted of five points of 

Theft. To be hanged and all his moveable goods to be escheat. 

General Service (Inq. Gen, No. 136). Henry Sincler, son of Wm. Sincler of 
Auchinfranco. 1 

25. Removing. Janet Gordone v. James Gordone of Letterfourie. The lands of 

Schanvell of Davidstoune in the Lordship of Huntly, of which the Pursuer was life- 
rentrix. This case, which had been asleep since 15 March 1 600, was on the roll this 
day by continuation from 27 March last to be wakened and proceeded with. The 
Sheriff depute gave effect to a plea that the Defender had been insufficiently summoned 
for the previous diet by an Aberdeen Sheriff Officer he being then resident at 
Letterfourie which was in Banffshire and ordered new citation. On 15 June the 
Pursuer produced a contract between James Futhie in Schanwell and her, dated 25 June 
1593, and Sasine thereon dated 2 July same year. 

Decree for Arrears of Rent (Sttpm 4 May). Mr. Robert Lumisden of Afflek 
and John Urquhart, Tutor of Cromarty, his curator v. Wm. Bruce, sometime in Afflek 
now at Miln of Furvie. The Pursuer sued for 55 bolls 3 firlots of victual as the 
Defender's rent of the Shadow half lands of Afflek for 1599 and 1600. The Defender 
admitted being due for crop 1599 13^ bolls, and for crop 1600 3 chalders and half a 
boll, of which 20 bolls beir and the rest meal. The price of victual is said to have been 
" according to the feirs respective of the yeiris." He admitted also being due 9 Ib. 
butter=2 merks, 18 capons at ^3 per dozen, 3 wedders at 4 merks each and 5 merks 
of money. The Defender's claim in the action for spuilzie was reserved. 

Decree of Transferring. James Johnestoune of Badindauche v. Cristane 
Dauidsone, widow of Wm. Cruden in Innernothe, and Gilbert Cruden, his son, as 
executors of the deceased or intromitters with his estate. There was produced a Decree 
of the Court of date 9 May 1601 against the late William Cruden for II merks for each 
boll of 18 bolls meal for rent of the west third part of Carngall with 10 of expenses. 
The widow was found liable as intromitter with her husband's estate and also in .5 of 
additional expenses. Gilbert the son was assoilzied. 

I In Dumfriesshire. 
38 



Diet Books: Vol. Vffl., Part L, Contents 

1603. 

May 25. Decree for Rent. Isobell Leslie, widow of John Forbes of Kirktoune of Touche, 

& Wm. Guthrie, her husband v. Agnes Ranie at the Milne of Edinbanquhorie, Alexr. 
Wilsone in Edinbanchorie, Thomas Wilsone, his brother, Geills Elmslie alias Johnes- 
toune, widow, John Troupt, her son, Alexr. Elmslie in Logy, Arthur Forbes there, 
Wm. Walshe there & Cristie Michell. The female Pursuer claimed here a third of the 
rents of Edinbanchory in Auchindoir for crop and year 1602 as widow of her first 
husband. At a previous diet (5 May) she had produced a Sasine, dated 28 December 
1594 proceeding upon the Sheriffs precept, and also an Instrument of Kenning of her 
Terce. Decree now passed. 

Blood-drawing 1 . Andrew Sangster in Bannakettill was charged. Wm. Forbes 
of Tolquhone had been surety for the accused, whom he now entered for trial. Ap- 
parently Paull Ray in Belhelvy and another, the injured parties, had received compen- 
sation and did not appear, upon which the case dropped. 

June I. Nature of Action not disclosed. George Meldrum at the Newmyll of Haltoune v. 

John Browne at the Kirk of Auchterles. Continued to 15 for defences and then to 23 
June for answers. On the latter date 29 June was assigned to pronounce interlocutor. 
This was the last entry in this volume. 

Decree of Removing'. William Udny of that ilk v. Thomas Leslie in Greyn- 
inches. The Pursuer claimed to be liferenter of the subjects, as part and pertinent of 
the Maynis of Newtoune in Culsalmond. His Sasine, dated 8 December 1598, which 
was produced, embraced " Maynis of Newtoune, Wranghames, Corne and Walk mylnes 
of the same, Skairs, Mekill and Lytill Laidinghames." 

4. Warrandice. John Burnat, son of the late John Burnat sometime bargess of Abd. 

v. James Burnat in Craigour. The Pursuer produced copy of a warning to remove, 
which he had received, and a lease dated 13 May 1600. The name of the lands and 
mill in question is not given. The defences were repelled on 23 June. 

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and John Lesly, 
burgess of Abd. v. Agnes Allane spouse of Thomas Craigheid, burgess of Abd. The 
Defender did not appear and the case was admitted to the Pursuer's probation. 

Claim for Implement or Payment. John Ogstoun, younger in Auchmacludy, 
Andrew Keyth of Auldmad and John Murray in Faithlie, his curators v. Magnus 
Ogstoun in Ardley. A bond containing the terms of the sale of certain oxen was pro- 
duced, but no particulars are given. The Defender did not appear and the libel was 
admitted to the Pursuer's probation. 

Theft and Habit & Repute. Thomas Sym, son of Sym, Milnvart in 

Abd. The accused was " baneist and exyillit" from the county "and neuir to cum 
within the same with certificatioune in caice he war apprehendit thairin to be tane and 
execute to the deithe. " 

39 



Aberdeenshire Sheriff Court: 

1603. 

June 8. Claim for Payment. Mr. Robert Lumisden of Auchinlek and John Lumisden 

of Culbo, his curator v. Wm. Fywie in Altrie and Geo. Low in Milntoun of Cragmyll. 
The Pursuers' Procurator protested for the highest prices of the victual libelled, but no 
detail is given. June 23 was assigned for defences, but there is no entry on that day. 

9. Contract of Tenancy (Steelbow). John Chalmer of Balbithan and Thomas 

Arthour his servant in Wester Disblair. "Audit oxingait of the toune and lands of 
Waster Disblair" to be occupied during the proprietor's will and pleasure. The 
contract contains a full list of the stocking and plenishing handed over by the proprietor 
to the tenant. The deed was dated 17 February 1602. Mr. Robert Paip, Advocate, 
was one of the witnesses. 

10. Renunciation. Gilbert Clube, burgess of Abd. & Janet Crystie, his wife, in favor 

of Wm. Moir, burgess of Abd. The consideration money was 2500 merks. The lands 
which were declared to be redeemed were part " of the lands of the Hospitall of Sanct 
Petir " lying in the Regality of the College of Auld Aberdeen. The west boundary 
was the " Kingis Commound gait," the north the " lands callit the Beirsched pertening 
heritablie to Andrew Keithe and the Tyillburne," while on the east they were bounded 
by " the commound Linx of the said burght." 

13. Renunciation. Isobell Dalgarno, only surviving child of Wm. Dalgarno of that 

ilk and Isobell Meldrum, his first wife, in favor of Wm. Dalgarno of that ilk, her half 
brother. The Lands of Craig of Garnastoun, Auldtoun of Garnastoun, Newtoun of 
Garnastoun, Collismilne alias the Corne Milne of Garnastoun, Berrihilloks and Walk- 
mylne of Garnastoun, fourth part lands of Tullimauld all in the parishes of Kingedward 
and Turriff. The consideration money to be paid to Isobell Dalgarno was 840 merks, 
besides her claim to any tocher or other claims still outstanding which her father had 
against the late Meldrum of Iden, presumably the granter's maternal grandfather. 

15. Nature of Action not disclosed. George Gordone in Tombrae and his curators v. 

John Forbes in Boquhane. A diet of proof. Defender was reponed on payment of 
expenses of Pursuers' witnesses and expenses of Court, and defences were ordered to be 
lodged on June 23, but there is no further entry. 

Decree for Rent, &c. Mr. Alexr. Leslie, parson of Rothes v. Andrew Smith in 
Edingarah. Decree for 40 merks balance of rent of a pleuche of Edingarah, crop 1600. 
21 merks 6sh 8d borrowed money. A dozen of capons price of the dozen 4osh. A 
dozen of poultrie price of the dozen 2osh. A wedder 33/4, with 26/8 of expenses. 

Cutting Green Wood. Wm. Gordone of Geicht v. Robert Cheyne at the Mill 
of Auchry, Henry Kentie or Kemptie at the Mill of Gourdes, John Dovertie in 
Archedlie, David Torrie at the Mill of Boquhandauchie, Andrew Marnoch at the 
Wodheid of Fetterletter and others. Some defenders appeared and got a day fixed for 
giving in defences. Others did not appear. There is no further entry. 

21. Decree of Removing. George Chalmer in Nothe v. Alexr. Barroun, George 

Barroun and Andrew Urry (? Torry) all in New Nothe. The Pursuer was principal 
tacksman of the subjects, of which the Defenders were occupants, in virtue of an eight 
years' lease granted by the Marquis of Huntly in favor of him and his wife, Barbara 
Sempill, dated 20 Jany. 1603. 

40 



Diet Books : Vol. VIE., Part L, Contents 

1603. 

June 21. Decree of Removing. John Forbes of Petsligo z>. a number of tenants. The 

protocol book of Mr. Andrew Clark, the Pursuer's Procurator, was produced, containing 
Sasine of the Barony of Petsligo dated 13 February 1593-4. 

Decree of Removing. Wm. Forbes of Monymusk z>. Wm. Angous in Inver 
and George Angous his subtenant and George & Robert Rothe there. The Pursuer's 
Sasine was produced, dated 28 July 1593- The subjects were part of the lands of 
Inver in the parish of Monymusk. 

22. Removing and Arrears of Rent. Alexr. Annand of Ochterellon &. Thomas and 
Alexr. Pirie in Mill of Ochterellon. Pursuer's Sasine dated 5 May 1603. Notary Mr. 
Wm. Anderson, Sheriff Clerk. 

Decree of Removing. Robert, Commendator of Monymusk v. Wm. Touche & 
Wm. Gareoche in Carnnaveren Awfurde. The Defenders consented to decree of 
removing. 

23. Removing. Alexander, Lord Fywie v. Janet Cuming, widow of Alexr. Burnat in 
Contlay, Alexr. , James and Meriorie Burnat, her children, and Patrick Jak in Bainshill. 
The Defenders were occupiers respectively of Overcontlay and Bainshill. The Pursuer 
had the gift of the ward and non-entries of the Barony of " Cultar-Cumyng " in Peter- 
culter. June 29 assigned for defences. 

Spuilzie. Wm. Irving, elder in Hoill-mill v. Alexr. Chalmer, son of the late 
Alexr. Chalmer of Cults and Jeane Lumsden, his widow. " Ane quhyt meir, ane blak 
meir and ane braikit steir " were claimed. 

Removing. George, Earl Merschell v. Wm. Murray in Mintlay. The case had 
been remitted to probation; but at this diet the Defender produced "ane emergent 
defence " and gave his oath to it, upon which answers were ordered for next day. 

Decree of Removing. Francis Cheyne of Cragitarves v. John Cormak in 
Calsiecroft. The croft was on the lands of Craigie, of which the Pursuer was owner. 
Sasine dated 30 March 1586-7. The Defender alleged a verbal promise of a liferent 
tenancy, but the Pursuer denied this on oath. 

Decree of Removing. Robert Keyth in Ardmaucher v. Wm. Gall and Alexr. 
Andersone in Ardmaucher. The Defenders occupied a fourth and an eighteenth of 
Ardmaucher in Deir. Pursuer's Sasine dated 3 Octr. 1602. 



Illustrative Examples taken from Vol. VHI, of Diet Books, Part L 

Proceedings relating to Occupancy of Land 

I. ABSTRACTED MULTURES 

(4 May 1603) 

The said day in the terme assignit to Hew Hebburne in Pervynneis 
to gif the declaratour of his aythe and to cum and bring with him Elspet 
Hervie his spous and gif hir aythe & declaratour thairof siclyk In the 
actione & caus perseuit be Alexr Gordone at Kethakismiln Compeirit 
the perseuer with Mr Alexr Irving his procuratour and desyrit the dyat 
to be satisfeit, Ex aduerso compeirit the said Elspet & being suorne 
Deponit that umquhill Eduard Drwme hir husband deceist at the feist of 
Michealmes or thairby 1597 yeiris quhilk yeiris cornis fell under executrie 
& was mellit with be the executouris of the said umquhill Eduard, and 
as for the remanent yeiris the persewar resauit just multur for the haill 
cornis that grew upone the ground and suld haue cum to the mylne and 
that scho abstractit nane the yeiris libellit the seid & teynd being deducit 
quhilk was frie, And the said Hew now hir spous deponit that he mareit 
the said Elspett in the yeir of God 1600 yeiris eftir the sawing of the beir 
seid, and knawis nathing of the abstractit multurs the yeir preceiding and 
as for the croptis 1600 and 1601 yeirs Deponit the seid & teynd being 
deducit that he abstractit nane of his cornis beir nor aittis fra the 
persewars miln that was subiect thairto in onywayis or that thollit fyre 
and watter within the ground. In respect of the quhilk depositionis [the 
Sheriff depute assoilzied the Defenders from the Pursuer's claim]. 

II. THE CUSTOM OF NEIGHBOURHOOD 

(4 May 1603) 

The said day in the actione & caus of byrwne dewateis perseuit at 
the instance of Mr Johne Arthour ane of the Comissaries of Edinburgh 
assignay lauchfullie constitute be Robert Arthour off Kingiswalls aganis 
Gilbert Young in Kyngiswallis for ten bolls wictuall [&c. &c. &c.] for the 
said Gilbertis occupatione of four oxingait lands of the Overtoune of 
Kingiswallis lyand within the Fredome & Shrefdome of Abd. of the cropt 
& yeir of God 1597 yeirs as in the persewaris libell raisit thairanent at 
mair lenthe is contenit Compeirit James Dauidsone procuratour for the 
persewar and producit ane summondis deulie execute & indorsate to this 

42 



Diet Books: Vol. Vffl., Part L, Illustrative Examples 

day aganis the said Gilbert to heir & sie the said Robert Arthour gif the 
declaratour of his aithe of veritie upone the peremptour exceptione 
proponit be the said Gilbert & admitit to his probatione in the said caus 
quhilk he referrit to the said Robertis aithe of veritie beirand in effect 
that gif ony sic set was as is libellit that was upon speciall conditione 
that the said Robert suld find sufficient nichtbourheid in plewching to the 
said Gilbert the yeir libellit utherwayis he suld haue bene frie, and that it 
is trew that he fand na nichtbourheid quhairthrow the land lay waist that 
haill yeir onlabourit, and according to the said summondis desyrit the 
Shref to caus the said Robert gif the declaratour of his aithe and to 
pronunce decreit condampnatour conforme thairto And the said Robert 
being present at the bar Deponit that he promeist nichtbourtie according 
to the said exceptione and that the defender refuisit the same saying my 
oxin was onie stark aganis his & that he wald caus his simple beistis do 
his turne quhilk was bot ane four oxingait land : In respect of the quhilk 
depositione the Shref fand that the said Gilbert hes succumbit in the 
probatioune of the peremptour exceptioun as the same was proponit, 
And thairfoir Decernit and Ordanit him To pay and delyuir to the said 
Complener assignay forsaid the said ten bolls wictuall thairof ten firlottis 
beir & the rest meill price of the boll beir ten lib price of the boll meill 
aucht lib nyne pultrie price of the pece thrie sh. iiijd xl laid of peitts 
price of the laid tua sh. ane stane tallou price thairof fywe marks, and 
fywe marks money and that for the said Gilberts occupatione of the said 
four oxgait lands of Kyngiswalls for the said cropt & yeir of God 1597 
yeirs. And ordanit preceptis to be direct [&c. &c.] 

III. CONTRACT OF STEILBOW OR STEELBOW 1 

(9 June 1603) 

The said day In presens of ane honourabill man Johne Gordone of 
Boigis Shref deput of Abd Compeirit personallie Mr Williame Chalmer 
procuratour for Johne Chalmer of Balbithane and Thomas Arthour 
pairteis contractours within writtin and gaif in the contract efter specifeit, 
and desyrit the same to be insert and registrat in the Shreff Judicial! 
Buiks of Abd To the effect that executione may follou thairupone 
according to the tenour of the same, quhilk desyre the Shreff thocht 
ressonable and ordanit the said contract to be insert & registrat in the 

I The Editor has used the name by which this Contract has commonly been known ; but it 
is not the name used by the lawyers who drew up this particular Contract of letting. They 
adopted the designation "Teilbow," and it can hardly be assumed that they did so per incuriam 
or without due deliberation, or that in what is evidently a careful transcription the same clerical 
error should occur twice. Tillage-goods would not be an unnatural rendering of "Teilbow," 
and would also express the inwardness of the transaction. 

43 



Aberdeenshire Sheriff Court: 

saids bulks, and executorialls direct thairupone at ayther of the saids 
pairteis instances for fulfilling of the heids of the said contract ilk ane to 
utheris and moneist the saids persones in the persone of the said Mr Wa 
thair procuratour to observe and keip the said contract heids poynts and 
claussis thairof hinc inde to utheris under the panes thairin contenit, Of 
the quhilk contract the tenour follows. 

Att Abirdene the sewinteine day of Febr the yeir of God ane 
thousand sex hundrethe & tua yeiris. It is appoynted contractit fayth- 
fullie obleist agreit & endit betuixt ane honourabill man Johne Chalmer 
of Balbithane on the ane pairt and Thomas Arthour his servand in 
Waster Disblair on the uther pairt in maner forme & effect following. 
That is to say the said Johne Chalmer hes enterit and be thir presents 
enteris the said Thomas In and to aucht oxingait of the said towne and 
lands of Waster Disblair with the pertinents lyand within the Regalitie 
of Lundoris Baronie of Fintray and Shrefdome of Abd as greif and 
servand to him thairof To be occupeit joisit and possessit be the said 
Thomas as servand forsaid during the said Johnis will and plessour And 
siclyk the said Johne hes presentlie delyuerit be ane Sties 1 to the said 
Thomas sevvin oxin thrie ky thrie horssis ane meir four yowis tua hoggis 
with the oxin pleuche, pleuche geir, harrowis curraks creills, cruik 
saiddels spadds, fiftie four bollis aitts with the fodder, ane meit burde 
traistis and formes, ane almerie ane auld lang sadill bedd ane weschell 
bink, tua standing bedds ane wairstaw, ane girnall, tua irne pottis, tua 
brasin pannis, sex peutir plaitts fywe truncheors of peutir tua kists with 
tua lytill rvvks of beir estimat to tuelf bolls beir with the fodder. To be 
keipit in teilbow be the said Thomas to the said Johne for labouring of 
the saids lands. Of the quhilk beir thair is ten bolls ten peks to be 
presentlie intrometit with be the said Johne for the ferme beir of the said 
aucht oxgait landis of the last cropt in Anno 1601 yeiris, And the said 
Thomas declairis that it is and sal be in the said Johnis awin will at his 
plessour but perrell of law, actioune of evectioune, spoylzie, intrusioune 
or uthir actioune quhatsumewir quhilk the said Thomas now as than and 
than as now renuncis to mell & intromet with ye said aucht oxingait 
lands guidis and geir forsaid, and sa lang as the said Johne tollerattis the 
said Thomas to occupie the saids lands and bruik the saids guids To 
pay and delyver to the said Johne yeirlie twentie bolls sufficient ait meill 
rin met and ten bolls beir with ane pek to ilk boll thairof, sex caponis 
tuelf pultrie, ane wedder, sex elm's custome lyning and ane pleuchis pairt 
of peittis yeirlie at the termes usit & vont And as concerning the guids 
and geir gewin in teilbow as said is, the same ar lauchfullie compryisit be 
Johne Gilgour and Alexr Chalmer messingeris and Thomas Chalmer 

I The Editor has been unable to find a meaning for this word. If it is a contraction, it 
might be the latter part of the word "Traistis," a roll or catalogue. [Vide p. 15 Supra.'] 

44 



Diet Books: Vol. Vffl*, Part L, Illustrative Examples 

officier to the said Johne and of the said pryces and according thairto 
resauit by the said Thomas Arthour To be restorit as thay be requeirit 
equivalent thairto all fraud & gyill secludit, And for sure observing of the 
premissis the saidis pairteis ar content & consentis that thir presentis be 
insert & registrat in the buiks of Counsall Comissar or Shreff Court buiks 
of Abd to have the strenth of ane confessit act and judicial decreit with 
executorialls of poynding and horning the ane but preuidice of the uther 
to pas thairon one ane singill charge of sex dayis And to that effect 
constituts Mr Wa Chalmer & ilk ane of thame thair lauchfull procuratours 
To consent heirto promitten de rato &ca In faithe and witness quhairof 
the saids pairteis hes subscryvit thir presents with thair hands The body 
quhairof is writtin be Mr Wm Chalmer notar publict in Abd day yeir 
and place forsaids, befor witnessis Alexr Moutray burges of Abirdcin 
Mr Robert Paip Advocat, Mr Henry Buchane burges of the forsaid burgh 
and Ardy (Archibald) Lams thair Sic Subr Johne Chalmer of Balbithane, 
Thomas Arthour forsaid with my hand at the pen led be the notars 
underwrittin at my command becaus I culd nocht wreit Ita est Magister 
Guilielmus Chalmer notarius publicus de speciali mandato dicti Thome 
scribere nescientis ut asseruit rogatus et requisitus. Ita est Gilbertus 
Thomsone conotarius publicus in premissis de speciali mandato dicti 
Thome scribere nescientis ut asseruit rogatus et requisitus. Mr. Robert 
Paip witnes Maister Henrie Buchane witnes Ardy Learns witnes 
Alexander Mowtray witnes. 

Criminal Proceedings 

I. 

(16 March 1603) 

The said day in the terme assignit to James Hervie sone to Andrew 
Hervie of Elrik to entir & present Bartholl Leslie in Cheppiltoune Wm 
Leslie sone to Patk Leslie Alexr Hervy brother to the said Andrew 
Johne Home in Cheppiltoune Johne Davidsone sone to Johne Davidsone 
in Cheppiltoune Henrie Leang thair Wm Forbes thair Johne Lidding- 
hame thair, Wm Gib thair Johne Gray thair and Johne Browster thair 
To underly the law for the hurting wounding and blude drawing of 
Patrick Leslie of that ilk, George Leslie his sone & George Wode his 
seruitor, Compeirit the said James and enterit the said Bartholl Leslie 
Wm Leslie & Alexr Hervie upone pannall and protestit he be frie of his 
cautionarie & the Shref dispensit with the rest of the said defenderis 
nocht compeirand in respect the pairtie past fra thame, Ex aduerso 
compeirit Mr Wm Barclay Procuratour fiscall with the said Patk Leslie 
and his said sone and producit ane summondis deulie execute & indorsate 
to this day aganis the saids defenders To underly the law for the caussis 
foirsaids, and the defenderis under protestatione nocht confessand ony of 

45 



Aberdeenshire Sheriff Court: 

the crymes contenit in the said libell, Thay declairit thay wald nocht 
kyithe in jugement aganis the Laird of Leslie nor his sone, hot being sa 
leist of blude to him as thay war with all humilitie & reuerence wald 
submit thame selfis & all actionis ciuil & criminall to the Laird of Leslie 
his awin will and jugement, lyk as on the uther pairt the said Patrick 
Leslie of that ilk and George Leslie his sone acceptit the offer in quantum, 
and becaus it wald seme sclanderous to him to accept the jugementis of 
the saids actionis upone himself beand his awin particularis, The said 
Patrik and George referrit the decisione of the saids actionis bayth ciuil 
& criminall to the decisione of Patrick Lord of Lundoris, Johne Leslie of 
Balquhane Jon Leslie of Wardres Patrick Leslie of Kincragie Jon Keyth 
of Ravynscrage Wm Udnie of that ilk Johne Leyth of Harthill Johne 
Leslie of Petcaple and Johne Chalmer of Balbithane or ony four of thame 
agreand in ane voce the said Lord of Lundoris and the said Johne Leslie 
of Balquhane beand tua of thame lyk as the said Bartholl and his colligs 
foirsaids ar content and consents that the said amicable compositours in 
numer & in maner foirsaid be juges to cognosce upone ony actionis ciuil 
& criminall ather of thame may laye to the said Patk and his said sonis 
charge or that ather of thame may lay to utheris chargis for ony caussis 
bygane, and the saids pairteis hinc inde obleissis thame to convene with 
thair saids freinds or ony four of thame betuixt & the last day of Apryill 
nixt to cum at the Cheppil of Gareoche, thair to subscryue ane designit 
blaynk to the effect foirsaid, withe power to the freinds conveneand at 
the said Cheppil Gareoche to prorogat the said submissione as neid beis 
in caice off absence of the said Lord of Lundoris, and during that ilk 
tyme all actionis to ceiss betuixt the saidis pairteis, and interea bayth 
the saids pairteis assuiris utheris that nather of thame sail invade utheris 
be ony kind of hostilitie or invasione under the pane of peruirie & infamie 
and utheris panes contenit in the Actis of Parliament, To the quhilk the 
Shref foirsaid interponit his auctoritie and ordanit the said Bartholl 
Williame & Alexr to set caution for thair reentrie agane to the secund 
day of the Heid Pasche Court nixt to cum to underly the law for the 
cryme forsaid sa far as the actione may concerne the Kings Maiesty. In 
quhais name Mr Wm Barclay Procuratour-fiscall protestit that the 
submissioune of the pairteis preiudge nocht his Grace, and the saids 
pairteis of thair awin consent renuncit all uther jugement and jurisdic- 
tione for the kingis pairt except the jurisdictione of the Shref of Abd. 
and his deputs, and the said Bartholl Wm and Alexander set & fand the 
said James Hervie of new agane cautioune for thair entrie under the 
panes contenit in the Actis of Parliament to the said secund day of the 
Heid Pasche court nixt and the saids pairteis obleist thame to releif thair 

(This case does not appear again in the Diet Book Vol. VIII., but it crops up in the Rough 
Diet Book, Vol. VII., under date 4 May.) ( Vide Siipra p. 15). 



Diet Books: Vol. VIII., Part L, Illustrative Examples 

cautioner of the premissis quhairon the saids persones hinc inde tuik act 
of Court & Instrument. 

II. 

(Palme Sounday Ewin 16 Apl. 1603) 

The said dey George Turing Jonet Strqn Henrie Russall & Thomas 
Burnat alias Nicoll was pannallit & accusit for certane crymes of 
thift & recept of thift airt & pairt of the same quha being put to the tryell 
of certane persones of Assyis summondit to this day to that effect, be the 
mouthe of Thomas Cuming burges of Abd thair chanceller, Convictit the 
said Isobell [sic] Straqn upone the secunde artickle for being airt & pairt 
with her umquhill father & mothers factis & deids, Convictit the said 
George Turing upone the sext artickle for the braking of the hous of 
Dumbenan, Convictis the said George Jonet Henrie & Thomas of the 
nynt artickle for the braking of ane hous in the Ord Convictis the said 
Thomas Burnet of the sewint artickle for steilling of Isobell Cullanis 
gowne Convictis George Turing upone the aucht artickle for the braking 
of Alexr. Setownis hous of Ardconnan, Convictis George Turing upone 
the xiij artickle for the steilling of Niniane Setownis geiss Convictis 
Henrie Russall Thomas Burnet & George Tureing for the cuming to haue 
brokin umquhill Duncane Russalls hous Convicts the said Thomas 
Burnet upone the xv artickle for the braking of Andro Burnetis hous in 
Badyvin Convictis the said Thomas upone the xvj artickle for the 
braking of the hous of Monymusk Convictis George Tureing upon the 
xviij artickle for the steilling of Ronald Cheynis buittis & Convictis the 
saids haill four persones as commoun theiffis be oppin voce & commoun 
fame. And thairfor the Shref ordanit the saids George Turing Henrie 
Russall and Thomas Burnat to be tane to the Gallowhill & thair to be 
hangit quhill thay be deid & the said Jonet Straqn to be tane & scurgit 
throche the toun & perpetuallie baneist furth of thir Shrefdome & nevir 
to be sein within the same with certificatioun in caice sho contraveine to 
be drownit without forder doome or law, quhilk was gewin for doome be 
the mouthe of Hutcheon Ross dempster. 

III. 

(28 April 1603) 

The said dey Andrew Hay quha allegit himself to be borne in 
Bownis was tane & apprehendit for the stricking upe of Isobell Reid 
spous to Richard Moir Wricht her hous & thifteous steilling furthe thairof 
upone the xxvij day of Apryill instant of tua peks meill, ane pair new 
shone with ane pair of tueidlein sheitts quhilk he confessit, In respect of 
the quhilk he was ordanit to be baneist with his awin consent & scurgit 
throw the toun & neuir to be seine within the Srefdome of Abd. and in 

47 



Aberdeenshire Sheriff Court 

caice he be appreh'endit or sein within the same to be tane & hangit 
without forder doome or law quhilk was gewin for doome be the mouthe 
of Andrew Canzeoche dempster 

IV. 

(5 May 1603) 

The said day Meriorie Burne Dochter to umquhill Johne Burne in 
Fechil was convicit be ane assyis for thifteous steilling fra James Wode 
in Wodland the soume of Ten lib monie in Apryill last quhilk sho con- 
fessit, and thairfor the Shref ordanit her to be scurgit throche the toun 
and perpetuallie baneist and exiyiliit this Shrefdomeof Abd. and in caice 
sho be sene or apprehendit heireftir within the same to be tane & drownit 
without ony forder law or doome quhilk was gewin for doome be the 
mouthe of Hutcheon Ross dempster 



48 



Table of Contents of Vol. Vffi. of Diet Books. Part IL 

1600. 

May 10. Special Service (Inq. Spec. Abd. No. 68). John Davidsone, heir of provision to 

John Davidsone, sometime in Wester Fintray, his uncle. Mill of Petcapill, Mill Lands, 
with the multures and sequels in the Barony of Petcapill. Held blench of Duncan Leslie 
of Petcapill. In non-entry since death of ancestor on II June 1599. 

1601. 

Jany. 13. Special Service. John Leyth to Patrick Leyth of Harthill, his father. The 

Daache of Tulloche with pertinents in the Parish of Monymusk and Regality of St. 
Andrews, in special warrandice of the parsonage and vicarage of the Parish Church of 
Oyne. Held blench of the Marquis of Huntly. The values are not filled in. In non- 
entry since death of ancestor on 26 August 1597. 

May 30. Special Service (Inq. Spec. Abd. No. 76). Mr. Wm. Gordoune to Alexr. Gor- 

doune of Abirzeldie, his immediately elder brother. The Barony of Abirzeldie, including 
the Lands of Abirzeldie, Eistoune and Glencalladeyr. Held of the Crown in ward and 
relief. In hands of the Crown since death of ancestor on 3 January 1601. 

April 22. Curatory. Barbara Gordoune, second lawful daughter of the late Sir John Gor- 

doune, of Pitlurge, knight, John Gordoune of Pitlurge, Mr. Robert Gordoune, his 
brother german, John Gordoune of Auchannachie, John Gordoune, his son, Abraham 
Forbes of Blacktoune and James Forbes of Lethintie were called as next of kin on 
the father and mother's sides ; but none appeared except Abraham Forbes, who was 
chosen, finding George Ogilvie of Auchanny as his cautioner. 

June 2. General Service. John Allardes in Auld Abd., sister's son and heir of Alexr. Hay, 

burgess of Abd. 

General Service. Patrick Bisset to Margaret Bisset, his mother. 

3. General Service. Peter Davidsone to Jasper Stewart in Kennertie, his immed- 

iately elder brother. 

13. Tutory. Win. Keyth, elder, Wm. Keyth, younger, and Margaret Keyth, "naturall 

bairnis " to the late Sir Wm. Keyth of Dclneis, knight. Alexr. Keyth of Carnes 
presented gift of the office under the great Seal, dated at Falkland 12 June 1599, gave 
his oath defideli and found John Keyth of Rawinscraig as his cautioner. 

July 31. Special Service. Mr. Wm. Gordoune of Abirzeldie to Alexr. Gordoune of Abir- 

zeldie, his father. Balblair, Midmar, Kynnarnie, Corssfield, Bethlyne in the Parish of 
Midmar. Old value 4 merks. Present value 1 6 merks. Held blench of the Marquis 
of Huntly. In the hands of Janet Irving, mother of the heir, as conjunct fiar since the 
death of the ancestor on 23 January 1601. Reserving the liferents of the said Janet 
Irving and of Margaret Macintoshe, widow of Alexr. Gordoune of Abirzeldie, the heir's 
elder brother. 

G 49 



Aberdeenshire Sheriff Court: 

1601. 

May 29. Curatory. George Leslie of Auld Craig, son of the late Mr. Robert Leslie of 

Auld Craig. Duncan Leslie of Petcappill, John Gordon of Auchannachie, Mr. Robert 
Elphinstoune, Tutor of Glak, Andrew Meldrum of Drumbrek, and Thomas Meldrum 
of Camalynes, then in Creichnaleid, were called as next of kin. The minor chose Mr. 
George Abercrombie, Commissary of Aberdeen, James Leslie of Mylnetoune of Dur- 
noche, Mr. William Leslie of Warthill, Mr. William Andersone, Sheriff Clerk of 
Aberdeen, Duncan Leslie of Petcapill and Patrick Leslie of Kincraigie or any three of 
them. Of these Messrs. Abercrombie and Andersone, James Leslie and Mr. Wm. Leslie 
accepted office. 

Augt. 22. Special Service 1 (Inq. Spec. Abd. No. 78). Alexr. Annand of Ochterellone to 

Alexr. Annand of Ochterellone, his father. Wester and Easter Ochterellone and others 
in Barony of the same, held blench of the Earl of Crawford. Ower Mandurnoch in 
Regality of Abirbrothok, held in feu farm, formerly of the Abbot or Commendator and 
Convent of Abirbrothok, and now of John, Marquis of Hamilton, Lord of Abirbrothok. 
In non-entry since death of ancestor on 17 July 1601. Margaret Fraser, his widow, 
who survived him, was conjunct fiar of Mandurnoch. There was also reserved to her 
the liferent of Easter Ochterellone. 

Octr. 6. Revocation. John Leslie of Wardes, stating himself to be between 20 and 21 

years of age, revoked deeds granted to his hurt during his minority, and specially (i) 
A Contract for the disposition to George Earl Merschell of the Over and Nether Dauchs 
of Kintore and Mill and Mill lands thereof. (2) A Contract on the disposition of the 
lands of Brigend and for a Set and Allocation of the lands of Mylntoune of Durnoch to 
his uncle, James Leslie. 

Deer. 15. Special Service. 1 William Watsone, son of Alexander Watsone. The Croft of 

Brigend with houses and buildings, formerly occupied by Matthew Dempster and David 
Shand, in the Barony of Auchterless-Dempster. Held of Thomas Dempster of Auch- 
terless in feu farm for payment of 4. and also of 6sh for 6 capons and 3sh for 6 
"pultrie." Alexr. Watsone died in April 1588. 

19. Revocation. Alexr. Gordoun, son and heir of the late George Gordoun, sometime 

of Tulloche, revoked specially (i) an Assedation made by him to Alexr. Cruikschank, 
burgess of Abd., of his " Northwest forland & gardein within the haugh " on the east 
side of the Gallowgate. (2) a Disposition of his inland yard and pertinents in the 
" Gastraw " betwixt the land of Mr. John Cheyne of Petfichie on the South, and the 
land of Alexr. Rutherford on the North. (3) the Assedation made to Jamesones 

of his lands of Tulloche, within the Freedom of Aberdeen. A general revocation is 
added. 

24. Revocation. George Leslie, eldest son of the late Mr. Robert Leslie of Auld Craig, 

revoked specially (i) an Alienation made by his father, Mr. Robert Leslie, with his 
consent, to Duncan Leslie of Pitcapill, of the Kirktoune of Daviot, Brewcroft, &c. (2) 
a Contract of Excambion between his father, with his consent, and the said Duncan 
Leslie, of the third part lands of Rothmais and Keltiswall, for the lands of Rossewat 
and Mill of Pitcapill, &c. Also a general revocation. 

i This service is recorded out of date in the original, being entered among the services 
of 1607. 

5 



Diet Books: VoL VIE., Part H, Contents 

1602. 

Jany. 31. Service Tutory. John Forbes, son of John Forbes of Ardmurdo. Mr. Alexr. 

Forbes, Rector of Fettercarne, uncle on the father's side appointed in terms of findings 
of the jury. 

Special Service (Inq. Spec. Abd. No. 81). Marjorie Duncane, one of the three 
daughters of Jas. Duncan of Merdrum. Balschynnie and Balnakellie, in the parish of 
Leochel. Corbanchorie in the Barony of Cushnie. Morthlik with its Mill, in warran- 
dice of Corbanchorie. Kirktoun of " Leocheall," Shadow half of Wester Fowlis, 
Craigmylne with its mill &c. in the parish of " Locheall," Ower Menmoir, Nethar 
Menmoir with its croft, &c. The sunny half of Mill of Carneculie, Burnend of Carne- 
culie, in Cushnie, Owertowies with croft called Lonesyd and Cowfurd in the Barony of 
Towie. Owerboigis with the ward beneath the bog of Moinrie, Merdrum in the Barony 
of Strathbogie. Balchynnie and Balnakellie held blench of John Lumisden of Cushnie. 
Corbanchorie and Morthlik held blench of John Forbes of Tollies. Kirktoune of 
" Lochell," shadow half of Wester Foulls, Craigmylne held blench of Alexr. Gordoun 
of Baldornie. Over and Nether Menmoirs, Milne of Carneculie and Burnend held 
blench of Arthur Forbes of Carneculie. Overtowies with Lonsyd and Cowfurd held 
blench of John Forbes of Towies. Ower boigis held blench of William Gordoune of 
Auchindoir. Merdrum held of the Marquis of Huntly in feu farm for payment of 4O/- 
In non-entry since death of James Duncane in November 1601. The liferent of Janet 
Lumisden the widow was reserved. 

Febry. 3. Service Terce. Janet Lumisden, widow of James Duncane. Her terce of 

foregoing lands. 

23. Special Service. Robert Tumour to John Tumour, portioner of Kinmonatie, 

his grandfather. Half the town of Kinmonatie, sometime occupied by the deceased 
and Grisel Roise, his wife, and Duncan Durvart, respectively in the Shire of Erase. 
With pasture in the forest of Erase and Glenawyne and half the commonly of Glencat. 
Formerly held of the Bishop of Aberdeen, then of the Crown in feu farm for payment 
f 3) w i tn duplicand on the entry of heirs. In non-entry since death of ancestor in 
July 1594- 

General Service. Robert Tumour to John Tumour, portioner of Kinmonatie, 
his grandfather. 

March 27. Special Service. Robert Alshoner to Alexr. Alshoner, his uncle. 2\ ploughs = 

20 oxengait of Haltoun of Baheluies in the Barony of Baheluie. Old value IO/- 
Present value 4O/- Held blench of Lord Glames. In hands of Isobell Rae, widow of 
Alexr. Alshoner, in conjunct fee since his death in December 1601. Reserving the 
widow's rights. 

Special Service (Ing. Spec. Abd. No. 82). Andrew Leslie to Wm. Leslie, son 
of John Leslie of Bannachie, his brother. The Church lands of Logiedurnocht, &c. in 
the parish of the same. Held of the Crown in feu farm for payment of 4 merks, 6/8. 
In non-entry since death of John Leslie in April 1595. 

51 



Aberdeenshire Sheriff Court: 

1602. 

April 13. Special Service (Inq. Spec. Abd. No. 83). John Leslie of Wardes to John 

Leslie of Cultis, his father. The Lands of Cultis in the Regality of the Gareoche. 
Held of Patrick Leslie of that Ilk for service of ward and relief. In hands of Agnes 
Crichtoune, his widow, as conjunct fiar, since her husband's death in October 1587- 
Widow's rights reserved. 

Special Service. James Bannerman to Alexander Bannerman, his father. Half 
Lands of Asleid in Barony of Kellie. Held of John, Earl of Mar in feu farm for 
payment of .8. In non-entry since death of ancestor on 3 January 1602. 

Special Service (Inq. Spec. Abd. No. 84). Sir Thomas Gordoun of Clunye, Knt. 
to John Gordoun of Clunye, his father. The Towns and Crofts called the lands of the 
Forest of Bras, viz. : Knokieknow vulgo the Langledrik, the Spittell, Glencat and 
Achabrek in the Shire of Bras. Held formerly of the Bishop of Aberdeen, afterwards 
. by act of annexation of the Crown for payment of ^10 for the old duty, with an 
augmentation of 3/4. In non-entry since death of ancestor in June 1586. 

May 5. Special Service. Robert Hunter and Marjorie Reid, as co-heirs of Robert Reid 

of Annatis. Shadow pleugh of Dursaill in the parish of Aufurd. The lands of Annatis 
with mill, &c. Tomads, Tornavein, Barslasie in the parish of Kincardyne O'Neill. 
Dursail held in feu farm from Alexander Calder of Asloune for payment of 26/8. 
Annatis held of John, Lord Forbes in feu farm for payment of 26/- All the lands in 
non-entry since death of ancestor in January 1602. 

ii. Special Service ([nq. Spec. Abd. No. 85). George Leslie to Mr. Robert Leslie 

of Auld Craig, his father. Lands of Auld Craig in Daviot. Formerly held of the 
Bishop of Aberdeen but annexed to the Crown, in feu farm for payment of ^4 of rent 
I7/- for grassum. 5 Chalders of 8 p. chalder. 24 capons or 8/- per 

dozen. 24 poultrie or 4/- per dozen. 6/8 for services. 3/4 of augmentation. Dupli- 
cand of ,$ io/- on entry of heirs. In non-entry since death of ancestor in September 
1600. 

25. Curatory. James Crichtone of Condlayne. There were called James Crichtone, 

servitor to Sir James Crichtone of Frendraucht, William Crichtone at New Mylne of 
Boyne, the said Sir James Crichtone, Alexr. Innes in Slaawche and Robert Innes in 
Elrik ; but only the last named appeared and offered himself as Curator. John Leslie 
of Duncanstoune and Robert Spence in Cultis were however chosen, for whom George 
Crichtone of Perdarge was cautioner. 

21. General Service. Alexr. Keyth to George Keyth in Biffie, his father. The wife 

of George and mother of Alexr. Keyth was Isobell Kennedie. 

June 9. Service Terce. Katherine Stewart, widow of Robert Reid in Annats. Her 

third of the shadow plough of the town and lands of Dursaill in the parish of Aufurd. 

23. Special Service. John Keyth to Alexr. Keyth in Petmedden, his father. Sunny 

third part of Mains of Petmedden with houses, buildings, &c. in the parish of Ellon. 
Held blench of Sir Walter Ogilvie of Findlater, Knight. Old value io/- Present 
value 4O/- In non-entry since death of ancestor on 5 April 1602. 

5 2 



Diet Books: Vol. VIIL, Part H, Contents 

1602. 

July 22. Revocation. Helen King, lawful daughter of Andrew King in Hilbray, revoked 

generally all deeds granted in minority and specially alienations made to John King, 
burgess of Abd. and James King, burgess of Danskeyne, either with consent of her 
father, tutors or curators or without such consent, of "hir richt & tittill quhilk scho had 
& hes to the guids geir merchandice dettis sowmes of money & uthers pgrteining to 
umquhill Thomas King merchand travelland within the Kingdome of Poly her brother 
germane and that micht fall and perteine be his deceis." 

Special Service. Mr. Alexr. Barclay to Walter Barclay of Newtoune of Gareoch, 
his brother. Kinnarochie and Fortrie with salmon fishing on the Ythan. Also half of 
the Kirktoune of Drumblait, mill, &c. in the Barony of Barclay. All held of the Crown 
for service of ward and relief. In hands of Katherine Forbes, widow of the deceased, as 
conjunct fiar, since his death in April 1591. The widow with consent of her second 
husband, William Ogilvie, agreed to the service ; but the right of property in 
Kinnarochie and the salmon fishing was reserved to Alexr. Annand of Ochterellon. 

Novr. 12. Service Idiotrie. Mr. William Skeyne was found to be " incompos mentis fatuus 

et naturaliter idiota." His brother, Robert Skeyne, was appointed to take charge of 
his estate. Among the jurors were John Forbes of Towie, Wm. Straquhine of Glen- 
kyndie, Alexr. Straquhine Yor. of Glenkyndie, Andrew Straquhine of Grigfardoch, 
John Forbes of New, Alexr. Irving of Craigtoune, John Kinnair, servitor to Lord 
Glamis, John Burnet of Sluy and Wm. Forbes of Pettewquhy and along with them a 
number of burgesses. (Infra p. 64.) 

Service Terce. Margaret Mclntoshe, widow of Alexr. Gordoun of Abirzeldie. 
Her terce of the Lands and Barony, reserving to Jonet Irving, the deceased's mother, 
the terce which she already had. 

18. General Service. George Leslie to his brother, John Leslie, who was eldest son 

of Patrick Leslie of that Ilk. 

Special Service (Ing. Spec. Abd. No. 88). George Barclay to Walter Barclay of 
Newtoune, his brother. Kynnarochie and salmon fishing on the Ythan as described in 
the service of Mr. Alexr. Barclay on 22 July (supra). 

Deer. 22. General Service. Isobell Craigheid to John Craigheid in Fiddes, her brother. 

1603. 

March 4. Special Service (Inq. Spec. Abd. No. 90). Alexr. Irving of Drum to Alexr. 

Irving of Drum, his father. This is the record of proceedings in a Court held by John 
Gordone, the ordinary Sheriff depute and by Mr. Richard Irving and William Gray 
late Baillies of Aberdeen, as Sheriffs depute of Aberdeen, Kincardine & Banff and 
Baillies of the Regality of St. Andrews, Aberbrothok, Lindores and Torphichen, by 
virtue of Royal Commission, dated I Deer. 1602. The date of the ancestor's death is 
given as 9 June 1602. 

July 19. General Service. George Stewine to Mr. James Stewine of Orchartoune, his 

father. 

53 



Aberdeenshire Sheriff Court : 

1603. 

July 20. Special Service (Inq. Spec. Abd. No. 91). Wm. Dalgarno of that Ilk to Wm. 

Dalgarno of that Ilk, his father. The Lands of Garnastoune and Crage. Auldtoun of 
Garnastoune and % part of Tillimaid. Held of the Crown for service of ward and 
relief. In non-entry since death of ancestor in September 1590. There was a reser- 
vation of a liferent of part of the lands to Christiane Udnie, wife of Duncan Forbes of 
Byth. 

Octr. 4. Service Tutory (Inq. Tut. No. 38). Walter, Gilbert, Mary, Margaret and 

Isobell Gardyne, lawful children of Mr. Gilbert Gardyne of Bothis. Their paternal 
uncle, Mr. Thomas Gardyne of Blairtoune, was served as Tutor. 

15. Curatory. George Archbauld alias Leithe, son of David Archbauld alias Leithe. 

There were called as nearest relatives on both sides, John Archbauld alias Leithe in 
Auld Craige, John Archbauld alias Leithe younger in Petblair, James Leslie in Ryhill 
and Alexr. Leslie in Warthill. The minor chose Mr. Wm. Leslie of Warthill, James 
Leslie in Ryhill and Andrew Archbauld in or any two of them. Mr. Wm. 

Leslie and Andrew Archbauld were present, accepted office and found Andrew Aber- 
crombie at the Mill of as cautioner. 

Novr. I. Curatory (incomplete). George Leslie, eldest lawful son to Patrick Leslie of that 

Ilk. The next of kin called were John Leslie of Balquhane, John Leslie of Wardes, 
Mr. Wm. Leslie of Warthill, Patrick Leslie of Kincraigie, Wm. Udnie of that Ilk, Sir 
Patrick Barclay of Towie Knt., John Keyth of Ravinscraig. The minor chose the 
whole of these or any four, of whom the lairds of Balquhane and Wardes must be two. 

17. Curatory. Mr. William Cardnocht, lawful son of Thomas Cardnocht, sometime 

in Boginejohne. The next of kin called were Mr. John Cardnocht, brother of the 
minor, Edward Cardnocht servitor to "my ladie Balquhane," Patrick Smyth in Fraser- 
burgh, Alexr. Cardnocht at the Kirktoune of Phillorth, John Urquhart of Culbo, 
George Seatoune of Schethine, Mr. Alexr. Seatoune in Bomakellie, Alexr. Seatoune in 
Aberdeen, Mr. James Roise, Minister there and Mr. Robt Paip, Advocate there. 
There were chosen Mr. James Roise and Mr. Robert Paip, for whom Mr. John 
Cardnocht, the minor's brother, became cautioner. 

29. General Service. Patrick Forbes in Cloak to William Forbes, his brother. 

General Service Refused. John, Lord Forbes, as heir general of the late Dame 
Elizabeth Keythe, Lady Forbes. Mr. Andrew Clerk, Procurator for Lord Forbes, 
having produced the Breif and petition for service, Mr. Robert Paip produced, as 
Procurator for John Pattoun in Ferochye, letters of horning against Lord Forbes and 
stopped the proceedings. 

Deer. 20. Special Service. Alexander Smyth alias Chalmer in Ladiesfurd, as heir of 

conquest to Alexr. Smyth alias Chalmer in Brigend of Tyrie, son of his paternal uncle. 
Two crofts of land called Brigend of Ardlay and Cowburtie in the Barony of Phillorth. 
Held of Sir Alexr. Fraser of Phillorth, Knight, in feu farm for payment of 4O/- In 
non-entry since death of predecessor in October 1603. The conjunct fee of Isobel 
Ranie, widow of the deceased was reserved. 

General Service. John Smyth alias Chalmer in Dunlugus, to Alexr. Smyth alias 
Chalmer in Brigend of Tyrie, son of his paternal uncle. 

54 



Diet Books: Vol. VIE., Part IL, Contents 

1604. 

Jany. 10. General Service. Wm. Cheyne to Gilbert Cheyne of Tilliburies, his father. 

Feby. 18. Revocation. Mr. Thomas Johnstoune, grandson a'nd heir to the late Gilbert 

Johnstoune, sometime of Standenstaines, made a general revocation of deeds granted in 
minority and specially of an acquittance and discharge to his uncle, John Johnstoune, of 
his intromissions as his tutor. 

March 14. General Service. Matthew Lumisden to Alexr. Lumisden in Drumlasie, his 

father. 

April 17. Special Service (Inq. Spec. Abd. No. 93). George Meldrum, Senior of Ardfork, 

as heir of entail to George Meldrum, Junior of Ardfork, his son. The shadow half of 
Ardfork, &c. in Bathelnie. In non-entry since death of George Meldrum, junior, in 
September 1603. 

May 30. General Service. Robert Ferquharsone to George Ferquharsone of Deschour, 

his father. 

Octr. 2. Special Service (Inq. Spec. Abd. No. 95). James Skeene, as heir to Alexr. 

Skeene of that Ilk, his father, The Lands and Barony of Skeene, &c. Held of the 
Crown for service of ward and relief. The lands of Tillibraloch, Tillinahilt &c. held of 
David, Earl of Crawford "pro servicio dimedii unius sagittarii in bello regis," and for 
payment of a pair of gilt spurs yearly if asked. Reserving the liferent of Katherine 
Stewart, his father's widow, of the sunny half of Auchlok, and to Margaret Skeene, 
widow of the late Alexr. Skeene of Letter, her liferent of Letter, Brumhill, Newtoun, 
half Auchlok and half of Tarriewall in warrandice. The predecessor died in July 1604. 

Novr. 10. Curatory. William Keyth of Ludquharne. The next of kin called were George, 

Earl Mershell, Robert Keyth of Benholme, John Keyth fear of Troup, Alexr. Keyth 
of Balmuir, Nathaniel Keyth of Coclaw, Alexr. Keyth of Troup, Wm. Gordoune of 
Gicht, Alexr. Keyth of Carnes, Wm. Leisk of that Ilk and Henry Gordoune of Dilspro. 
The curators chosen were the Earl Mershell, Sir Alexr. Fraser of Fraserburgh, knight, 
Robert Keyth of Benholme, Robert Arbuthnott of that ilk, James Gordoune, younger 
of Lesmoir, Wm. Leslie of that Ilk, Ifarie Gordoune of Dilspro and Wm. Knox in 
Creichie or any three of these, with Mr. Wm. Reid, Advocate in Aberdeen as Curator 
ad lites. The lairds of Dilspro and Benholme were present, accepted office and became 
security for each other. 
1605. 

Jany. 4. Service Tutory. James and Margaret Davidsone, children of Alexr. Davidsone 

in Kincardine O'Neill. James Davidsone, elder brother of Alexr. Davidsone, appointed 
Tutor. 

March 23. Special Service (Inq. Spec. Abd. No. 96). Patrick Leyth, as heir of Wm. Leyth 

of Liklieheid, his father. Part of the lands of Auchlevin, Ardoyne, Harlaw and 
Liklieheid in the Regality of the Gareoch and Barony of Bairnes. In non-entry since 
death of ancestor on 25 June 1598. 

Special Service. Marjorie Innes, as heir to Robert Innes at Mill of Dunnideer, 
her father. Chappeltoun of Comalegie in the parish of Drumblait. Held of John 
Lyone of Comalegie in feu for payment of 4<D/- In non-entry since death of ancestor in 
June 1600. 

55 



Aberdeenshire Sheriff Court: 

1605. 

March 23. General Service. Alexr. Gordoune of Clunie to Sir Thomas Gordoune of Clunie, 

his father. 

Special Service. Alexr. Gordoune of Clunie to Sir Thomas Gordoune of Clunie, 
his father. The towns and lands of Syid and Mill of the same and Peill thereof, with 
the toll of the market called Trewll Fair. Ailhous croft of Syid and Arnebrig, 
Erlisfield, Sygieden in the parish of Kinnethmont and Barony of Balquhane. Also 
Kirkhill and pendicle called Moistoune. And in special warrandice of the foregoing, 
the lands of Logiedurnocht, New mylne of Knokallachie, Newlands, Craigtowie, 
Craigmylne and Nethertoun of Knokinblewis and others in the parishes of Logiedur- 
nocht, Oyne, and Inverurie. The whole subjects held of the Crown in feu farm. In 
non-entry since death of ancestor in December 1604. 

May 29. Service Terce. Johanna Douglas, widow of James Skeene of that Ilk. Her 

terce of the lands and Barony of Skeene. 

June 12. General Service. John Forbes, heir to John Forbes of Craigtoun, his father. 

26. Curatory. Andrew Leslie, eldest lawful son of John Leslie in Boigs. The next 

of kin called were John Leslie of Balquhane, Mr. Wm. Leslie of Civile his brother, 
John Arbuthnot of Carnega and Wm. Arbuthnot his brother. John Leslie of Bal- 
quhane, Mr. Wm. Leslie, John Gordoun of Bogis, John Arbuthnot and Wm. Arbuthnot 
or any two of them were chosen, John Gordoun being one. He and John Arbuthnot 
accepted office, took the oath defideli, and became cautioners each for the other. 

July 13. Special Service (Inq. Spec. Abd. No. 98). David Knowis as heir to Alexr. 

Knowis, burgess of Abd., his father. Salmon fishings of the Cruffis of Don. In non- 
entry since death of ancestor in January 1587. 

24. Revocation. William Andersone, eldest lawful son of Robert Andersone, made a 

General Revocation, and also a Special Revocation of a contract between Wm. 
Johnstoune elder in Inverurie and George Johnstoune, brother to John Johnstoune of 
that Ilk, relating to the disposition of the third part Staines [? Stanners] of Inverurie. 

Octr. i. Special Service. Arthur Forbes as heir to Alexr. Forbes of Carncowlie, his 

father. An annual rent of 14 merks from the lands of Carnecowlie and Drumquhallie 
in the Barony of Cushnie. The lands held blench of George Forbes, nephew and heir 
of Alexr. Forbes of Auchintowll. Old value I2d. Present value 4/- In non-entry 
since death of ancestor in October 1587. 

Deer. 4. Service Terce. Margaret Cruikshank, widow of William Bruce of Chappeltoune 

of Essilmont. Her terce of the town and lands of Lochill of Colliestoune. 

1606. 

Feby. 8. Special Service (Inq. Spec. Abd. No. 99). George Gordoune of Gicht to Wm. 

Gordoune of Gicht, his father. As heir male and of entail to Badichells, Ower and 
Nether Murefundlands, Ower and Nether Swanfurd, Blachrye, Mackterrie and Mill of 
Mackterrie in the Barony of Fyvie. William Gordoune died in October 1605. 

General Service. George Gordoune of Gicht to Wm. Gordoune of Gicht, his 
father. 

56 



Diet Books: Vol. VIIL, Part IL, Contents 

1606. 

March 13. Service Tutory. Margaret Cheyne, lawful daughter of Alexr. Cheyne in 

Bathelnie. William Cheyne in Essilmont, her paternal grandfather, appointed Tutor. 

July 31. Special Service. George Leslie of Creichie, heir of conquest to Mr. Wm. Leslie 
of Warthill, his immediately elder brother. The shadow half of Mekill Warthill in the 
Regality of Gareauche held blench of John Leslie of Wardes. Old value 4O/- Present 
value 8. Also a croft on the East side of the King's highway leading from Old 
Aberdeen to the Bridge of Don, held of Peter, Bishop of Aberdeen in feu farm, for 
payment of 2O/- Ancestor died in March 1606. 
1607. 
Feby. 27. General Service. John Knox to Win. Knox in Creichie, his father. 

May 25. Service Tutory. William, Marjorie, Janet and Egidia or Geils Keyth, lawful 

children of George Keyth in Kindrocht. Mr. Samuel Keyth of Tullituthill and Joseph 
Keyth in Auchtilair chosen Tutors. 

March 3. General Service. Robert Gordoun to Patrick Gordoun of Tulloquhowdie, his 

father. 

17. General Service. John Forbes of Fichlie to James Forbes of Fichlie, his father. 

April 22. Special Service. Isobell and Marjorie Cheyne to Alexr. Cheyne in Haltoun, 

their brother. Two part lands of Grayis Fortrie, Meikle Mylne of Essilmont upon the 
Ithan in the Barony of Essilmont. Two part of the multures of Taartie, Two part of 
four bovates of Bourhill in the parishes of Ellon and Logiedurno respectively. Old 
value 22/- Present value 4 8/- Also the third part of Chappeltoun of Essilmont in 
the Barony of Essilmont. Old value li/- Present value 4<D/- Alexr. Cheyne died on 
14 March. Various liferents were reserved. 

26. Special Service (Inq. Spec. AbJ. No. 107). Alexr. Straquhan of Thornetoun to 

Alexr. Straquhan of Thornetoun, his grandfather. Culquhorsie, Kirktoun of Echt, 
Knokquharne, Hilsyd, &c. in Barony of Clunie. Held blench of the Marquis of 
Huntly. The ancestor died in May 1601. 

May 5. Special Service (Inq. Spec. Abd. No. 108). Alexr. Forbes of Towies to John 

Forbes of Towies, his father. The Barony of Towies. Held of the Crown for service 
of ward and relief. In non-entry since death of ancestor on 17 March 1603. 

General Service. Wm. Keyth of Ludquharne, to Wm. Keyth of Ludquharne, 
his grandfather. 

General Service. John Bisset to Patrick Bisset of Lessindrum, his uncle. It 
would appear that the ancestor died in the reign of Queen Mary. 

20. General Service. Patrick Cheyne to Mr. Gilbert Cheyne of Crowie, his father. 

July 1 8. Curatory. Andrew Thome, lawful son of Adam Thome in . The next 

of kin called were Alexr. Thome in the Mylntoune of Crathis, Duncan Thome in Leyis, 
Wm. Morisone, David Malcolme, John Irving, Mr. Robert Davidson, Advocate in Abd. 
Mr. Robert Davidsone was chosen as Curator, for whom David Malcome became 
cautioner. 

22. General Service. John Forbes of Brux, to John Forbes of Brux, his grandfather. 

57 



Aberdeenshire Sheriff Court: 

1607. 

June 4. Service Tutory. Janet Forbes, lawful daughter of Alexr. Forbes in Bred- 

hauche. William Forbes, the pupil's uncle, was appointed Tutor. 

General Service. Janet Forbes as heir to Alexr. Forbes in Bredhauche. 

Octr. 6. Special Service (Inq. Spec. Abd. No. in). William Hay of Urie to John Hay 

of Urie, his father. The Barony of Cremond, &c. Held of the Crown for service of 
ward and relief. Wm. Hay died on 6 Febry. 1607. 

7. Service Terce. Agnes Innes, widow of James Crichtone of Condland and wife 

of Alexr. Chalmer of Ramarrok. Her terce of Pardarge and Toux croft at the Church 
of Forgue, and sunny half of Condland and shadow third of the same in the Barony of 
Frendraucht. 

Novr. 4. Special Service (Inq. Spec. Abd. No. 112). William Keyth of Ludquharne to 

William Keyth of Ludquharne, his grandfather. Lands of Ludquharne in Barony of 
Kellie, held of John. Earl of Mar. Balmuir and Myrsyd in Barony of Balmuir held of 
John, Earl Marischal. Glebe of the Church of Fettirangus held of the vicars of the 
Church. In non-entry since death of ancestor in the end of July 1604. 

Special Service (Inq. Spec. Abd. No. 113). William Keyth of Ludquharne, to 
William Keyth of Ludquharne, his grandfather. The dominical lands of Essilmont, 
held of the Crown for service of ward and relief. The rights of the heirs of Wm. Mar, 
burgess of Abd. and Mr. Alexr. Cullane, burgess there, and of Ladies Helenor Bruce 
and Helen Cheyne not to be prejudiced. 

Deer. 2. General Service. Patrick Bisset, burgess of Abd. to Margaret Bisset, his mother. 

1 6. Special Service. Marjorie Spens, Matilda Spens, Isobell Spens, three of the 

four co-heiresses to Alexr. Spens at Mill of Knokinbaird, their uncle. Mill of Knokin- 
baird and croft adjacent. The lands of Auldtoun, on the east side of the road leading 
to Wranghame. The lands of Henrieshauch and the Dammis otherwise called the 
Haughs, with teinds, &c. with privilege of an inn and brewhouse. Held blench of 
John Leslie of Wardes. Old value 2O/- Present value ^4. In non-entry since Alexr. 
Spens died, in January 1593-4. The rights of Bessie Spens, a fourth sister, were not to 
be prejudiced. 

19. Special Service (Inq. Spec. Abd. No. 114). Alexr. Cuming of Culter to Alexr. 

Cuming of Culter, his father. Baronies of Tilliboy and Culter, &c. Held of the Crown 
as free baronies for service of ward and relief. The Barony of Tilliboy was held by 
Helen Wood, widow of the ancestor, in conjunct fee, and the Barony of Culter, of old 
called Culter de Ardbeik, in the hands of the Crown by reason of ward, from the death 
of the ancestor in March 1603 to November 1607, and by reason of non-entry until this 
date. Without prejudice to the rights of Alexr. Burnet of Leyis and Wm. Blakhall, as 
heirs of the late Alexr. Burnat in Contlay and Janet Cuming, his widow. 

1608. 
Feby. 18. General Service. Isobell Craighead to John Craighead in Fiddes, her brother. 

58 



Diet Books: Vol. Vffl., Part IL, Contents 



1608. 

July 30. Special Service (Inq. Spec. Abd. No. 118). James Bodie, heir of conquest to 

Mr. Gilbert Bodie, Minister of Holme, in Orkney, his brother. Craigquhorthie in the 
Parish of Kinkell. Held blench of George Chalmer, fiar of Balbithan. Mr. Gilbert 
Bodie died in June 1 606. The usufruct of the lands was reserved to John Chalmer of 
Balbithan, father of George Chalmer, during the life of the former. 

General Service (Inq. Gen. No. 378). Walter Bodie to the said Mr. Gilbert 
Bodie. 

Special Service (Inq. Spec. Abd. No. 117). Arthur Forbes of Balfour to Duncan 
Forbes of Balfour, his father. The sunny plough of Balfour in the parish of Forbes, 
held in feu from Lord Forbes. Brumhill, in the parish of Touch, held blench of Alexr. 
Calder of Asloun. Ancestor died in February 1606. 

Octr. ii. Curatory. Annas Fraser, lawful daughter of the late Alexr. Fraser of Creichie. 

The next of kin called were Mr. Nathaniell Fraser of Techmurie, John Fraser of 
Creichie, Robert Keyth of Auldmaid, Mr. James Keyth and Mr. Andrew Keyth, his 
brothers. There were chosen the said Robert Keyth, Mr. Andrew, his brother, and the 
said John Hay [? Fraser], Robert Keyth being always one. All three accepted office 
and became cautioner each for the others. 

Novr. 28. Service Tutory. Patrick Cheyne, eldest son of Patrick Cheyne of Essilmont. 

James Cheyne of Pennan, brother of the deceased, chosen as Tutor. 

1609. 

Jany. 10. Curatory. Alexr. Reid, son of Alexr. Reid in Newbigging. The next of kin 

called were James Reid of Newmilne, Robert Reid in Tillifour, Patrick Forbes of 
Bithnie and Duncan Forbes, his son, of whom Duncan Forbes and James Reid were 
chosen and became cautioners for each other. In the Latin heading the year is stated 
as 1619, but this seems to be a clerical error. 

Curatory ad litetn. George Leslie, lawful son of Alexr. Leslie, burgess of 
Inverurie and brother of Normond Leslie, burgess there. The minor, desiring to raise 
an action against Janet Leslie, his brother Normond's widow, for the heirship 
moveables falling to him as his brother's heir, required to have a curator ad litetu, and 
John Leslie of Largie, "tender kinsman" to the minor, was appointed. 

Special Service (Inq. Spec. Abd. No. 119). Thomas Burnet of Craigmylne to 
Wm. Burnet of Craigour, his grandfather. Half lands of Tillihaikie in County of Mar 
and Barony of O'Neill. Held of the Crown in feu farm. In non-entry during the 
reigns of Mary and James since Septr. 1547, when the ancestor was killed at Pinkie. 

Feby. 23. General Service. Alexr. Irving, apparent of Lenturk, to Alexr. Irving of 

Waster Beltie, his father. 

March 18. Curatory. John Forbes, apparent of Craigtoun. There were summoned as next 

of kin Alexr. Forbes of Fingask, Alexr. Calder of Asloune, James Gordoune of Had- 
doche and John Gordoune of Tillielt. The minor chose William Gordoune of 
Burnecrunnache, for whom James Gordoune of Pronie was cautioner. 

59 



Aberdeenshire Sheriff Court: 

1609. 

April 8. Special Service (Inq. Spec. Abd. No. 120). Alexr. Copland of Udoche to 

Patrick Copland of Udoche, his father. The half lands of Udoche, held of the Crown 
for service of ward and relief. In non-entry since death of Patrick Copland in March 
1606, the liferent of whose widow, Elizabeth Auchinlek, was reserved. 

27. Special Service. Adam Dilgardno to John Dilgardno in Turriff, his father. A 

crag of land on the north side of Turriff extending to 16 roods, held of the Prebendary 
or Rector of Turriff for burgage service and an annual rent of 8/- John Dilgardno died 
in Novr. 1596. 

General Service. Adam Dilgardno to John Dilgardno in Turriff, his father. 

May 6. Special Service (Inq. Spec. Abd. No. 121). Alexr. Banerman of Wattertoune to 

George Banerman of Wattertoune, his father. Certain crofts and roods of land in 
Newburgh. Held of Lord Sinclair in free burgage, &c. George Banerman died in 
Jany. 1609. 

16. Special Service (Inq. Spec. Abd. No. 122). Thomas Grig to James Grig at Mill 

of Fuddes, his father. The sunny plough of Ullaw in the Barony of Essilmont. Held 
blench of the heirs of Patrick Cheyne of Essilmont. In non-entry since death of 
ancestor in November 1606. 

24. Special Service (Inq. Spec. Abd. No. 123). Edward Bruce, son of Edward 

Bruce, Lord de Bruce of Kinloise to Win. Bruce, his paternal uncle. Cothill of 
Collistoune 1 in the Barony of Belhelvie, held in feu of Andrew Reid of Colliestoune. 
In non-entry since death of Wm. Bruce in January 1604. 

Augt. 29. Service Tutory. Wm. Irwing, lawful son of Wm. Irwing in Tullinturk. Mr. 

Alexr. Irwing, Minister at the Church of Birse, immediately elder brother to the 
deceased, appointed Tutor. 

1610. 

Jany. 9. General Service. Robert Forbes of Finnarsie to John Forbes of Echt, his 

cousin german. 

Special Service (Inq. Spec. Abd. No. 124). Robert Forbes of Finnarsie to John 
Forbes of Echt, his cousin german. The Barony of Echt-Forbes, &c. held of the 
Crown for service of ward and relief. In non-entry since death of ancestor on 24 Novr. 
1609. Reserving to Beatrix Gordoun, the widow, the liferent of certain specified 
subjects. 

General Service. Mr. Robt. Forbes, Minister at Echt to James Forbes of 
Tilliboy, his father. 

24. Curatory. John Seatone and Wm. Seatone, lawful sons of Mr. Alexr. Seatone in 

Aberdeen. The next of kin called were George Seatone of Schethin, James Irving of 
Auchioche, George Keath of Glakreauche and Patrick Chalmer of Newtone, of whom 
Irving and Keath were chosen and accepted office. 

I In the Abbreviate in the Inq. Spec, the lands are called Cothill and Collistoun, not of 
Collistoun as above. 

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Diet Books: Vol. Vffl., Part E, Contents 

1610. 

Tany. 24. General Service. Thomas Chalmer to Mr. Thomas Chalmer, Advocate in Aber- 

deen, his father. The heir's mother was Elizabeth or Bessie Forbes. 

Service Tutory. Thomas Chalmer to Mr. Thomas Chalmer, Advocate in Aber- 
deen, his father. Mr. George Chalmer, Sheriff Clerk of Banffshire, brother of the 
pupil's father, appointed Tutor. 

March 3. General Service. Elizabeth Hay, wife of Wm. Mowtray in Pervines to Alexr. 

Hay of Delgatie, her father. 

April 10. Special Service. James Gordoun of Lesmoir to James Gordoun of Lesmoir, his 

great grandfather. Glenhouss, Byithie, Bathmakellie, Kinbleine and Gawerie F'aulds, 
in the Barony of Glencuthill. Carnetracllen, Beildstoune, Glasco, with ailhouse croft 
of Carnetradlen held of the Crown for service of ward and relief. Also Auchmedden in 
said Barony, held blench of the heirs of John, Earl of Buchan, Lord Auchterhouse. In 
non-entry since death of ancestor in June 1 508. 

Special Service. James Gordoun of Lesmoir to Alexr. Gordoun of Lesmoir, his 
father. Balmaid, Gorrachie, Craigheid, Morleis and mill of Balmaid. Held of the 
Crown for service of ward and relief. Alexr. Gordoun died in Novr. 1609. The 
liferent of certain of the lands was reserved to Marjorie Forbes, widow of Alexr. 
Gordoun. 

Special Service. (Inq. Spec. Abd. No. 125). Mr. Robt. Gardyne of Blairtoune 
to Mr. Thomas Gardyne of Blairtoune, his father. The lands of Church of Balhelvie 
called Blairtoune, as occupied by the late Mr. Thomas Gardyne & Isobell Stewart, his 
wife, and their tenants. Also the dwelling house formerly the rectory of Balhelvie in 
the Chanonry of Old Aberdeen, situated between the manse and garden of the Treasurer 
of the Cathedral on the east, the garden of the Rectory of Forbes on the south, and the 
king's highway on the west and north. Held of Crown by virtue of Act of Parliament. 
Mr, Thomas Gardyne died on 24 February and the liferent of Isobell Stewart, the widow, 
was reserved. 

May i. Service Tutory. Walter, Gilbert, Margaret and Isobell Gardyne lawful children 

of Mr. Gilbert Gardyne of Bothe. Mr. Robert Gardyne of Blairtoune, cousin german, 
was appointed Tutor, for whom Provost Alexr. Rutherfurd became cautioner. 

June 26. General Service. Elizabeth Abirdour to Robert Abirdour in Rothiebirsben, her 

father. The year is entered as 1618 : but this may be a clerical error. 

July II. General Service. Margaret Blakhall to Wm. Blakhall of that Ilk, her father. 

31. General Service. Walter Barclay to Mr. Walter Barclay, rector of Inverkeithny, 

his father. 

Special Service. Marjorie Ray to Andrew Ray junior in Wester Fintray, her 
father. Fourth Part of Craigquhorthie in Kinkell, of old occupied by Wm. Smyth, held 
blench of the heirs of John Chalmer of Balbithan. Ancestor died in Novr. 1594. 

General Service. Marjorie Ray to Andrew Ray junior in Wester Fintray, her 
father. 

61 



Aberdeenshire Sheriff Court: 

1610. 

Augt. ii. Special Service. Alexr. Gordoune to George Gordoune of Tullochis, his father. 

The town and lands of Swaillend in the Barony of Monicabok, held of the Crown for 
service of ward and relief. Ancestor died in October 1 594. 

Special Service. Alexr. Gordoun to George Gordoun, of Tullochis his father. 
The town and lands of Littill Gowill, with salmon fishing on the Don and others. Also 
Swaillend. 

Septr. 10. Act of Idiotrie. David Torrie, sometime at Mill of Boquhannachie. This was 

a proceeding at the instance of the Procurator Fiscal, to have Andrew Torrie in Balna- 
kellie, elder brother of the insane person, appointed to the office of Tutor : but he 
refused to accept the office. Upon this Margaret Meldrum, David's wife, protested for 
the appointment of Tutors Dative by the Crown. (Infra, 28 June 1615.) 

Octr. 25. Curatory. James and George Fraser, lawful sons of Capitane Mr. Micheall 

Fraser. There were called Thomas Fraser of Petcawtanes, George Fraser in Corskie, 
Harie Hill in Kinghorne and James Hill there. Thomas Fraser and George Fraser, 
their father's brothers, were chosen by the minors. Their cautioner was Thomas 
Vatsone, portionar of Castell of Durris. 

Novr. 20. Special Service. John Fraser to John Fraser of Creichie, his grandfather. 

Meikill Creichie in the Barony of Fedderet, held of the Crown for service of ward and 
relief. Old value 2O/- Present value $. In non-entry since death of ancestor in 
August 1604. The liferent of Nethertoune of Meikill Creichie was reserved to 
Margaret Innes, the widow. 

21. Special Service (Inq. Spec. Abd. No. 127). John Gordoun of Auchmeingzie, 1 

to George Gordoun of Auchmeingzie, his grandfather. The town and lands of Littill 
Follay in Fyvie. Held of the Crown for service of ward and relief. In non-entry 
since death of ancestor in Septr. 1581. 

General Service. Patrick Gordoun to Patrick Gordoun of Tulloquhowdie, his 
father. 

1611. 

Jany. 23. Curatory. Margaret Keyth, lawful daughter of Magnus Keyth, sometime of 

Finnersies. The next of kin called were Mr. Gilbert Keyth of Auquhorsk, Mr. Gilbert 
Keyth, regent of the " Colledge of Auld Abd.", Andrew Keyth of the " Hospitall of 
Auld Abd.", George Knowis and Robert Knowis, co-burgesses of Abd. The minor's 
choice fell upon John Irwing of Kincowsie, as sole Curator. 

Feby. 23. General Service. William Crombie to John Crombie in Glenheid [probably in 

Kemnay], his father. 

27. Special Service (Inq. Spec. Abd. No. 128). Alexr. Skeene of that Ilk to James 

Skeene of that Ilk, his grandfather. The Lands and Barony of Skeene, &c. Held of 
the Crown for service of ward and relief. In ward and non-entry since death of ancestor 
in Novr. 1604. The period of the ward ended about Septr. 1610. 

I A curious discrepancy is found here. In the abbreviate in the Inq. Spec, both John and 
George Gordoun are styled "of Tillaquhowdie " not " of Auchmeingzie " as here. 

62 



Diet Books: Vol. VIH, Part IL, Contents 



1611. 

Feby. 27. General Service (Inq. Gen. No. 525). Alexr. Skeene to John Forbes of Echt, 

whose only sister, Barbara Forbes, was mother of Alexr. Skeene. 

Special Service (Inq. -^pec. Abd. No. 129). Alexr. Skeene to John Forbes of 
Echt. Town and lands of Culquhorsie, Dunbrek, Kirktoune of Echt, &c., in the 
Barony of Clunie, held for payment of I2d. yearly or a pair of gilt spurs, on the day 
of the Nativity of Saint John the Baptist at the Graystane of Clunie. In non-entry 
since death of ancestor in Novr. 1609. 

March 6. Service Terce. Helen Wod, widow of Alexr. Cuming of Culter, and wife of 

John Burnet of Kilduthie. Her terce of the lands of Lasts and New mill of the same. 

General Service. Isobell Hay to Alexr. Hay of Delgatie, her father. One of 
the three daughters and co-heirs of Alexr. Hay. 

Curatory. Wm. Turing of Foweraine. The next of kin called were John Gor- 
doun of Petlurg, Mr. Robt. Gordoun, his brother german, John Johnstoune of that Ilk, 
Mr. John Cheyne of Petfichie, Thomas Cheyne of Raniestoune, Alexr. Straquhane of 
Thornetoune, John Straquhane of Tillifroskie, Tutor of Thornetoune, George Straqu- 
hane his brother, and James Cheyne of Pennan. The minor chose Johnstoun of that 
Ilk, Alexr. Banerman of Wattertoune, Straquhane of Thornetoun, Straquhane of Tilli- 
froskie, and George Straquhane or any two or three, John or George Straquhane being 
one. John accepted office, for whom Andrew Gray at the Mylne of Foveraine became 
cautioner. 

April i. Curatory. Wm. Turing of Foweraine. Alexr. Banerman, here designed of 

Elsick, accepted office as a Curator of Wm. Turing of Foveraine, John Straquhane of 
Tilliefroskie, Tutor of Thornetoune, being his cautioner. This entry is dated [rightly 
or wrongly] 1613. 

4. General Service. Agnes King to Wm. King, in Kirktoune of Bourtie, her father. 

General Service. Margaret King to the said Wm. King, her father. 

24. Curatory. Arthur and Isobell Forbes, lawful children of Abraham Forbes of 

Blaktoune. The next of kin called were Arthur, Loid Forbes, Wm. Forbes of Logie- 
fintray, James Forbes of Lethintie, Robert, Commendator of Monimusk, John 
Lumisden of Cushnie, Lumisden, his brother, George Gordoun of Cocklarachie, 

and Mr. Robert Gordoun of Fechil. Each minor chose the two last named who 
became cautioners for each other. 

May 8. General Service. Wm. Craig to John Craig of Craigstoune, his brother. ' 

15. Special Service (Inq. Spec. Abd. No. 131). Sir John Wod of Fettircarne, knight, 

to Walter Wod of Fettircarne, his father. Ower Blairtoune and Pettanns in Belhelvie 
held blench of Patrick, Earl of Kinghorne. In non-entry since death of ancestor in 
March 1605. There were reserved (i) To Isobell Forbes, the widow, her liferent of the 
subjects. (2) To Wm. Forbes of Tolquhone his right to two sunny ploughs of North 
Colpnay. (3) To Baillie Wm. Gray his right to the shadow half of North Colpnay and 
Wasterburne and (4) To Alexr. Wod of Colpnay his right to Pettanns and Vaus croft. 

63 



Aberdeenshire Sheriff Court: 

1611. 

July 31. Special Service. Sir Wm. Keyth of Ludquharne, Knight, to Wm. Keyth of 

Ludquharne, his grandfather. " Totum et integrum tenementum hospitium hortus seu 
mansus Cantoris ecclesie Cathedralis Abredonensis cum domibus edificiis et pomariis 
ejusdem Jacen in meridional! parte dicte ecclesie inter hospitium et hortum Cancellarie 
ejusdem oriente hospitium et hortum Decane ejusdem ab occidente communes vias 
regias versus ad boream et austrum." 

Septr. 28. Curatory. John Spens, lawful son of Thomas Spens of Boigforth. The next of 

kin called were Mr. Thomas Meingzeis of Balgownie, Patrick Meingzeis, burgess of 
Abd., Alexr. Burnet there, Robert Spens of Cultis and Thomas Spens of Boigforth (the 
father). The minor chose Alexr. Burnet, sometime in Chappeltoune, and Patrick 
Meingzeis, who accepted office and became cautioners for each other. 

Octr. i. General Service. Patrick Forbes, apparent of Lethintie to Margaret Forbes, his 

mother. 

3. Curatory. Andrew Burnet, lawful son of Wm. Burnet of Camphell. The next 

of kin called were Andrew Burnet, burgess of Abd., Alexr. and Robert Burnet, co- 
burgesses thereof, Wm. Gordoune, burgess thereof, and Patrick Gordoune of 
Kincraigie. The minor chose the said Andrew Burnet (here called " elder ") who found 
Alexr. Jaffray, Baillie burgess of Abd. as his cautioner. 

General Service. Wm. Forsyth in Udoche to Michaell Fiddes in Jaxtoune, his 
maternal uncle. 

General Service. John Ker to Sir Thomas Ker of Hirtha, knight, his father. 

28. Tutory. John Gordoun of Haddoch, lawful son of George Gordoun of Haddoch. 
Margaret Banerman, widow of George and mother of John Gordoun, presented gift of 
the office of Tutrix Dative, under the Great Seal dated 17 Octr., accepted office, took 
the oath de fideli, and found Alexr. Banerman of Elsik as cautioner. 

Novr. 13. Special Service. John Irwing, Junior, of Blakhills to John Irwing of Blakhills, 

his father. Eight oxgait of Nethirtoune of Tullimad, now called the Blakhills with 
houses, &c, in the parish of Turreff, held in feu of John Urquhart of Latheris for 2O/- of 
annual duty. In non-entry since the death of Helen Cheyne, the widow and conjunct 
fiar, in June 1611. 

Service Idiotrie. Mr. William Skeene, lawful son of the late Mr. James Skeene 
of Waster Corss. Robert Skeene of Auchtermuchtie, his next younger brother german, 
appointed guardian. The mental illness is said to have existed 10 years. (Supra p. 53.) 



29. General Service. Wm. Stewart to Patrick Stewart of Wodheid, his paternal 
uncle. 

1612. 

Jany. 29. Special Service. Katherine Gordoun to James Gordoun, fiar of Wranghame, 

her father. Half the town and lands of Auchtercarne, Tulloche, Tannamonie and 
Blakmyll with multures, &c. in the parishes of [Coull and Logic Coldstone] held of the 
Crown for service of ward and relief. Old value 3O/- Present value 6, In non- 
entry since James Gordoun's death in June 1574. 

64 



Diet Books: Vol. VIIL, Part II., Contents 



1612. 

Jany. 29. General Service. Katharine Gordoun to James Gordoun, fiar of Wranghame, 

her father. 

Feby. I. Service Terce. Margaret Smyth, widow of James Rait of Crannabog. Her 

terce of Crannabog in the parish of Fyvie. 

5. General Service. Duncan Robertsone to Donald Robertsone, apparent of 

Strowan, his father. 

12. Service Tutory (Inq. Ttit. No. 286). Alexr. Innes, lawful son of the late John 

Innes of Elrik. Alexr. Innes in Old Abd., brother german of the late Robert Innes of 
Elrik, the pupil's grandfather, was appointed Tutor. 

General Service. The said Alexander Innes to Robert Innes of Elrik, his grand- 
father. 

19. General Service. Charles Chalmer to John Chalmer, portioner of Wester 

Fintray, his father. 

Special Service. Robert Paull to John and George Paull, his brothers german. 
The half of the town and lands of Park of Clunie in the parish and barony of Clunie, 
held blench of Alexr. Gordoun of Clunie. Old value 6/8. Present value 26/8. In 
non-entry since the death of Andrew Paull, the father of John, George and Robert 
Paull, in 1611. 

March 11. Special Service. George Dawidsone to Gilbert Dawidsone of Lennabo, his 

father. The lands of Lennabo, &c., in the Parish of Peterugie, held in feu, formerly 
of the late Wm. Keyth of Ludquharne, and now of his nephew Sir Wm. Keyth of 
Ludquharne for duty of ^40 [? 4O/-] besides some payments in kind. In non-entry 
since death of Gilbert Dawidsone in April 1610. 

April 21. Special Service. Robert Roise to John Roise, in Craigtoun of Lumphannand, 

his father. Sunny half of town and lands of Craigtoun of Lumphannand, &c., in the 
barony of Lumphannand and Lordship of O'Neill, held feu of Sir Henry Lindsay 
otherwise Charters, knight, for a duty of id merks and certain feudal services. In 
non-entry since death of John Roise in August 1604. 

General Service ( Vide Supra \ Febry). James Rait to James Rait in Cranboig, 
his father. 

May 15. General Service. Isobell Keillo to Wm. Fraser of Ord, her grandfather. 

Service Terce. Margaret Forbes, widow of John Forbes of Ardmurdo. Her 
terce of Ardmurdo, Mill thereof and salmon fishing in the Don called Pot Bukie, in the 
parish of Kinkell. 

27. Special Service (Inq. Spec. Abd. No. 580). Alexr. Forbes of Towies to Alexr. 

Forbes, fiar of Towie, his paternal uncle. Sunny half of Fichlie and Sonnaboth. Also 
Sonnahard, &c., in the Lordship of Mar, held of the Crown for service of ward and 
relief. In non-entry since death of ancestor in December, 1579. 

General Service. Elizabeth Fraser, wife of Andrew Burnet in Ord to Wm. 
Fraser in Ord, her father. Elizabeth Fraser was one of the daughters of Wm. Fraser. 

1 65 



Aberdeenshire Sheriff Court: 
1612. 

May 27. General Service. Margaret Fraser, wife of David Straquhan in Ley of Tilli- 

chedlie to Wm. Fraser in Orel, her father. Margaret was another daughter of Wm. 
Fraser. 

General Service. Isobell Fraser, wife of Robert Donaldsone, to Wm. Fraser in 
Ord, her father. Isobell was a third daughter of Wm. Fraser. 

Curatory and Tutory. Robert, John and Agnes Irwing, lawful children of 
Robert Irwing, sometime in Lyne and the late Helen Fraser, his wife. The next of 
kin called were John Irwing of Kincowsie, James Irwing in Beildsyd, Alexr. Fraser, 
fiar of Durris, and Alexr. Jaffray, burgess of Abd. Agnes, who was in minority, chose, 
with consent of her father, Andrew Burnet in Ord, as her Curator. The Sheriff depute, 
also with consent of their father, appointed Burnet Tutor to Robert and John, who were 
in pupillarity. Alexr. Jaffray of Kingiswallis, burgess of Abd. and David Straquhan of 
Tillichedlie became cautioners for Burnet. 

23. General Service. Andrew Brabner, burgess of Abd. to Andrew Brabner, his 
grandfather. 

July 31. Special Service. Andrew Schand in Petblair to Patrick Schand in Bairnehill, 

his father. The sunny half of the town and lands of Scattertie in Kinnedwart, held 
blench of Sir Alexr. Fraser of Fraserburgh. Old value I5/- Present value ^3. In 
non-entry since death of ancestor in May 1607. 

General Service. Thomas Maitland to Mr. Walter Maitland, Rector of 
Kinnedwart, his father. 

Octr. 6. Special Service. John Gordoun to George Gordoun, fiar of Haddoch, his 

father. The two Methliks, with their pertinents called Haddoch. Archedlie with 
fishing on the Ithan. The superiority of an annual rent of $ from these lands from 
Lord Forbes. Andet and Brachla. Also the House of Kellie, &c. with its mill. 
Wester Barrak. The superiority of Saphok, Knowen and Auchmaledie. Also Little 
Methlik, mills thereof, salmon fishing and other pertinents in the parish of Methlik. 
New Park of Kellie and others in Tarves, Diracroft, Brakey-Tarves, the superiority of 
Tullielt, with pertinents, also in the parish of Tarves. All the subjects held blench of 
James Gordoun of Haddoch, grandfather of John Gordoun, for payment of pence, 

if asked only, and of the said James Gordoun's superiors for payment of the farms and 
services due and payable by him to them. In non-entry since death of George Gordoun 
in 1610. 

General Service (Inq. Gen. No. 551). John Gordoun to George Gordoun, his 
father. 

General Service. Margaret King, wife of John Crag [or Brag] in Lyne, to Wm. 
King of Kirktoun of Bourtie, her father. ( Vide 4 April, 1611.) 

General Service. Agnes King, wife of Robert Smyth in Jaxtoune to the said 
Wm. King. (Vide 4 April 1611.) 

66 



Diet Books: Vol. Vffl., Part H, Contents 



1612. 

Octr. 31. Special Service (Inq. Spec. Abd. No. 582). Thomas Fraser of Streichin to 

Thomas Fraser of Streichen, his father. The Barony of Streichin, held of the Crown 
for service of ward and relief. The heir's father died only four weeks before the inquest. 

Novr. 18. General Service (Inq. Gen. No. 552). Alexr. Pantoun to Henry Pantoun of 

Craig, his father. 

Special Service. Alexr. Pantoun to Henry Pantoun of Craig, his father. Town 
and lands of Littill Liddingame, in the Regality of Lindores. Two part town and 
lands of Craig, in the Barony of Monicabok. Both held blench of the heirs of the late 
John Pantoun of Petmedden. Old value of Littill Ledinghame I5/- Present value ^3. 
In non-entry since death of Henry Pantoun, in August 1590. 
1613. 

March 2. Curatory. Alexr. Fraser, eldest lawful son of the late Mr. Michael Fraser of 

Techmurie. The next of kin called were Sir Alexr. Fraser of Fraserburgh, knight, 
Alexr. Fraser, portioner of Kindrocht, Alexr. Hay in Auchinten and Thomas Hay in 
Grayisteane. The minor chose Alexr. Straquhan of Glenkindie, Mr. James Forbes of 
Knapernay, John Hay younger of Cremondmogat and Alexr. Fraser younger, portioner 
of Kindrocht, or any two of them. All accepted, Straquhan and Forbes becoming 
cautioners for each other and Hay and Fraser the like. 

April 13. Special Service. James Forbes to Abraham Forbes of Blaktoun, his father. 

The town and lands of Wark, otherwise Newtoun of Knokreauch. Also Newtoun of 
Balnakellie, otherwise Brydiswalls, in the parish of Cushnie, held blench of John 
Lumisden of Cushnie. Old value 5/- Present value 2O/- Also the superiority of Nuik 
in the parish of Kennethmont and Regality of Lindores. Also 12 oxgait of Balnakellie, 
in special warrandice of the foregoing lands in Cushnie. Abraham Forbes died in 
March 1611. 

General Service. James Forbes to Abraham Forbes of Blaktoun, his father. 

21. Revocation. Thomas Wentoun, lawful son of the late John Wentoun, sometime 

of Tempil Lands, made a general revocation of deeds granted in his minority to his 

prejudice, and specially of the alienation of the lands "callit the Tempill Lands of 

" in the parish of Fordoun, and County of Kincardine, to George Wishart, 

brother german to the late Sir John Wishart of Pettarrow, knight. 

June 2. Special Service. Robert Keyth to Mr. Archibald Keyth, Rector of Cremound, 

his grandfather. The sunny half of the town and lands of Invernocht, in the Barony of 
Phillorth, held blench of Alexr. Fraser of Phillorth. Old value io/- Present value 
4O/- In non entry since death of ancestor in January 1597-8. 

3. General Service. Thomas Burnet to Wm. Burnet of Camphell, his father. 

29. General Service. James Leslie to Walter Leslie of Drumdolo, his father, 

Special Service. James Leslie to Walter Leslie of Drumdolo, his father. The 
third part of a Davate of Comalegie, viz. : a third part of Comalegie, Begishill, 
Steaniefeild, Wadderburne, Brumhill, Chappeltoun, Thomastoun and others in Drum- 
blait. Held for feu-duty of 4O/- from Lord Abirnethie of Saltoun. In non-entry since 
death of Walter Leslie, 8 March 1613. 

67 



Aberdeenshire Sheriff Court: 

1613. 

July 15. Curatory. William Forbes, eldest lawful son of the late William Forbes of 

Pettallachie. The next of kin called were John Forbes of New, John Forbes at the 
Mill of Ripachie, John Forbes of Campbell, Robert Skeen of Tillibirlache, Robert 
Cowttis of Auchlercowll and Alexr. Forbes in Belgrein. The minor chose Mr. Duncan 
Forbes of Lethintie, John Forbes of New, Robert Cowttis and Robert Skeen. The last 
named was present and accepted office. The Sheriff depute ordained the minor to 
bring in the others to accept office. 

31. Special Service (Inq. Spec. Abd. No. 587). Wm. Gordoun of Abirzeldie to 

Alexr. Gordoun of Abirzeldie, his father. The lands of Stering in the Lordship of 
Huntly, by annexation, held blench of the Marquis of Huntly. The lands called Lurgis 
in the parish of Migmar and Barony of O'Neill, formerly held of the Rectors of Kin- 
cardine O'Neill, canons of the Cathedral Church of Abd., afterwards of the Crown, 
in feu farm, for payment of 4O/- and certain feudal services. In non-entry since death 
of ancestor in July 1594- His widow, Janet Irwing, was conjunct fiar of Stering. 

Septr. 15. Special Service (Inq. Spec. Abd. No 588). Patrick Forbes to Margaret Forbes, 

wife of James Forbes of Lethintie, his mother. The superiority of the lands of 
Lethintie in the parish of Logiedurno. Held blench of the Crown. Margaret Forbes 
died in Novr. 1607. 

Octr. 5. General Service (Inq. Gen. No. 8514). Wm. Straquhan of Tibbertie to John 

Straquhan of Tibbertie, his father. 

Novr 6. Special Service (Inq. Spec. Abd. No. 590). John Leslie to John Leslie, 

portioner of Buchanstoun, his grandfather. Buchanstoun, Ardoyne, &c. in the Regality 
of the Gareoche. Held of the Crown for service of ward and relief. In non-entry 
since death of ancester in March 1609. 

Deer. 7. Service Tutory. Wm. Stewart, lawful son of the late Alexr. Stewart, formerly 

in Auchindren. James Stewart* burgess of Abd , the nearest relative on the father's 
side, found entitled to office of Tutor. 

Service Tutory. James Stewart, also son of the said Alexr. Stewart. James 
Stewart, burgess, Tutor here also. 

Special Service. Alexr. Pantoun, burgess of Abd. to Wm. Pantoun, burgess, 
his paternal uncle. Shadow half of Auld Sliauche in the Barony of Drumblait. Held 
blench of James Gordoun of Lesmoir. Old value 5/- Present value 2O/- In non- 
entry since death of ancestor in Septr. 1586. (Vide 29 Novr. 1615, infra.) 

21. Special Service (Inq. Spec. Abd. No. 591). Andrew Herwie of Elrik to James 

Herwie of Elrik, his father. The lands of Tillimald, Swaillend and Auld Gowill in the 
Barony of Monicabok, held of the Crown for service of ward and relief. In non-entry 
since death of ancestor in Novr. 1582. Reserving the rights of Henry Gordoun of 
Dilspro, Mr. James Forbes of Woidland and George Currour of Swaillend. 

General Service (Inq. Gen. No. 8524). Thomas Lumisden to Mr. Thomas 
Lumisden, Rector of Kinkell, his father. 

68 



Diet Books: VoL Vffl., Part H, Contents 

1614. 

April 22. General Service. Robert Skein, portioner of Auchtermuchtie to Mr. James 

Skein of Waster Corse, his father. Robert Skein's mother was Elizabeth Straquhan, 
his father's second wife. 

May 17. Special Service. John Liddell to Mr. Duncan Liddell, Doctor of Medicine, his 

brother. The town and lands of Pitmedden, with salmon fishing on the Don, &c. in 
the Thanedom of Kintore, held of the Crown in feu, for payment of 7. Dr. Liddell's 
death took place in Deer. 1613. 

24. General Service (Inq, Gen. No. 8532). Mr. Matthew Lumisden to Alexr. 

Lumisden formerly of Drumlasie, his father. 

26. Curatory. Gilbert Irwing and John Irwing, lawful sons of the late Gilbert 

Irwing, sometime of Auldquhat. The next of kin called were James Irwing of 
Aucheoche, Wm. Irwing of Beltie, John Irwing of Artamfurd, Mr. Alexr. Irwing, 
Advocate, Thomas Meingzeis of Cultis, Alexr. Rutherfurd, Provost of Abd., Paull 
Meingzeis of Kinmoundie, Mr. Thomas Meingzeis of Balgownie, and George Nicolsone, 
Baillie burgess of Abd. Gilbert Irwing chose Mr. Gavin Douglas of Brigfield and 
James Irwing of Aucheoche, while his brother, John, chose John Irwing of Artamfurd 
and Baillie Nicolsone. These accepted office and became cautioners for each other. 

June 8. Special Service (Inq. Spec. Abd. No. 133). Patrick Forbes to Wm. Forbes of 

Petsligo, his grandfather, as in right of his mother, Margaret Forbes, the elder daughter 
of Wm. Forbes. Lands of Lethintie and mill, also Auchincleith in the parish of Logie- 
durno. Held blench of the Crown. In non-entry since death of ancestor in April 
1 567. The heir was the son of Margaret Forbes, one of the two daughters of Wm. 
Forbes, and succeeded along with his aunt, Janet Forbes. ( Vide next entry. ) 

Special Service (Inq. Spec. Abd. No. 134). Janet Forbes to the same. As in 
preceding entry. 

29. Curatory. James Keyth, lawful son of George, Earl Mershell and Dame 

Margaret Ogilwie, his wife. The next of kin called were Sir Robert Keyth of 
Benholme, knight, William, Lord Keyth, James, Lord Ogilwie, and Mr. David 
Ogilwie of Petmowies. The minor chose William, Lord Keyth, Sir Robert Keyth, Mr. 
David Ogilwie and John Keyth of Cowtoun or any two, of whom John Keyth to be one. 

July i. General Service (Inq. Gen. No. 571). James Gordoun in [? of] Drimmeis to 

Alex. Gordoun, sometime in Scheildrein, his paternal uncle. 

12. Service Terce. Katherine Jaffray, widow of Wm. Andersone at Mill of Turriff. 

Her terce of Mill of Turriff, &c. in the parish of Turriff. 

1 6. Curatory. Robert, Alexr., Gilbert, Isobell and Janet Johnestoun, lawful children 

of the late Patrick Johnestoun, sometime of Moistoune. The next of kin called were 
Arthur Johnestoun in Auchindarg, John Johnestoun in Drumbreck, John Arbuthnot of 
Carnegall and Normond Arbuthnot, his brother. The minors chose John Gordoun of 
Chappeltoun, John Stewinsone in Carnecowlie and Walter Haliburtoun in Clochorbie, 
who accepted, and, as was common, became cautioners for each other. 

6 9 



Aberdeenshire Sheriff Court: 

1614. 

July 23. General Service (Inq. Gen. No. 573). John Hay to William Hay of Littill 

Arnage, his father. 

Special Service (Inq. Spec. Abd. No. 135). John Hay to William Hay of 
Littill Arnage, his father. Cremondmogat, &c. in the Barony of Cremondpark as heir. 
Also Littill Arnage, &c. in Barony of Slains, as heir male. The former lands held 
blench of Alexr. Hay of Logie. The latter held blench of the Crown. In non-entry 
since death of ancestor in April 1613. 

Octr. 6. General Service. Marjorie Stewart to James Stewart in Rannallachie, her 

father. 

Novr. 2. Service Terce. Jeane Chalmer, widow of Mr. Robert Mar, burgess of Abd. 

Her terce of the shadow half of Middill Ardo, &c., in the Barony of Belhelvie. 

23. Curatory. John Forbes, apparent of Lethintie, son of Mr. Duncan Forbes of 

Lethintie. The next of kin called were Wm. Forbes of Monimusk, elder, Wm. Forbes 
of Portlathin, Alexr. Skein of that Ilk, George Johnestoun of Caskieben, Gilbert 
Johnestoun of Owertoun and Robert Johnestoun of Cremond. The minor appearing, 
along with his father, chose Henry Forbes of Newhills and Wm. Forbes, burgess of 
Abd., son of the late Baillie Alexr. Forbes, conjunctly and severally. Mr. Duncan 
Forbes, the father, became cautioner for the Curators. 

30. Service Terce. Elizabeth Gordoun, widow of Andrew Richie in Cowll. Her 

terce of Tonley in the parish of Cowll. 

1615. 

Jany. 21. Special Service (Inq. Spec. Abd. No. 136). Robert Gardyne in Balgersho to 

Robert Gardyne, formerly of Blairtoun, his father. The ecclesiastical lands of Blair- 
toun, &c. In non-entry since death of Robert Gardyne in April 1584 (i) in the hands 
of Mr. Patrick Gardyne, Rector of Belhelvie, who died in July 1614, to the passing of 
the Act of Annexation in 1587, and (2) after that date in the hands of the Crown. 

Febry. I. Special Service. Robert Forbes, immediate younger brother of John Forbes in 

Milboy, to his nephew Andrew Forbes, son of his said brother John. The shadow half 
of the three part lands of Blairneill, vulgo the three quarter lands thereof, extending to 
12 oxgait, in the Barony of Steaniewod and Muchell. Held blench of Andrew Fraser 
of Steaniewod and his heirs. Old value io/- Present value 4O/- In non-entry since 
death of ancestor in 1613. 

22. Service Tutory. George Ailhous, lawful son of the late Arthur Ailhous, 

inhabitant of Old Abd. His grandfather, James Ailhous in Old Abd. appointed Tutor. 

Service Tutory. Christian Ailhous, sister of the above George. Her grand- 
father, the said James Ailhous, appointed Tutor. 

March 8. Service Tutory. John Forbes, lawful son of the late George Forbes in Ower- 

bairnes. John Forbes of Bairnes appointed Tutor. 

Service Tutory. Wm. Forbes, second lawful son of the above. John Forbes 
of Bairnes appointed. 

70 



Diet Books: Vol. VIII., Part II., Contents 

1615. 

March 8. Service Tutory. Margaret Forbes, lawful daughter of the above. John Forbes 

of Bftirnes appointed. 

General Service (Inq. Gen. No. 590). George Annand to Mr. Wm.. Annand of 
Collihill, his father. 

April 19. CUratory. John and Elizabeth Forbes, lawful children of the late John Forbes of 

Ardmurdo. The next of kin called were Alexr., Bishop of Cathnes, Wm. Dalgardno 
of Garrtestoun, George Dalgardno his brother german, John Forbes of Culquhork and 
Alexr. Forbes of Auldtoun of Towies. The minor, John Forbes, chose Capilane 
Arthur Forbes of Towies, Mr. Gawin Dowglas of Eister Barras, John Lumisden of 
Tullicarne, John Calder of Migwie and John Forbes of Culquhork or any three, John 
Calder being one. Elizabeth chose Captain Forbes, Dowglas, Lumisden, Culquhork 
and Alexr. Calder of Asloun or any three. Of these, Dowglas, Lumisden, John Calder 
and Forbes of Culquhork were present and accepted office. 

May 16. General Service (Inq. Gen. No. 8540). George Currour of Swailend to John 

Currour of Durne, his great great great grandfather. The ancestor died in the reign 
of James IV. 

26. Curatory. Wm. Maitland, eldest lawful son of the late Mr. Robert Maitland of 

Monlatie. The next of kin called were Mr. Patrick Maitland of Auchincreiff, Walter 
Maitland in Fotterletter, Andrew Meldrum of Jaxtoun and James Hay in Murefauld. 
The minor chose Mr. Patrick Maitland and James Hay as his Curators. 

June 28. Service Idiotrie (Inq. de. Tut. No. 214). David Torrie, formerly at Mill of 

Boquhennachie. The jury found that Andrew Torrie in Balnakellie, the elder brother 
of David, was the person entitled to the office of Tutor. \Supra 10 Septr. 1610, p. 62]. 

Protestation, Margaret Meldrum, wife of David Torrie, protested for the 
appointment of Tutors dative to her husband, in respect that his brother Andrew would 
not take up the office. [Supra 10 Septr. 1610, p. 62]. 

July 12. General Service (Inq. Gen. No. 60 1). Mr. Patrick Maitland of Carnefechill, to 

Mr. Robt. Maitland of Carnefechill, his father. 

Special Service (Inq. Spec. Abd. No. 138). Mr. Patrick Maitland of Carne- 
fechil to Mr. Robert Maitland, his father. Culshe, &c. in the Barony of Fedderet. 
Held of the Crown for service of ward and relief. Also Carnefechill, Auchinlek, Mill 
of Fechill, &c. , and lands of Pettrichie in the Barony of Tarves and Regality of Abir- 
brothok, held of the Crown in feu farm. In non-entry since death of Robert Maitland 
in Octr. 1614. 

26. General Service. James Cheyne to John Cheyne, at one time portioner of 

Bathelnie [or ? Belhelvy], his father. 

Augt. I. General Service. John Leslie to Patrick Leslie, at one time of Chappeltoun, 

his father. 

7 1 



Aberdeenshire Sheriff Court: 

1615. 

Octr. 3. Special Service (Inq. Spec. Aid. No. 140). George Crawfurd to Wm. Crawfurd 

of Annachie, his father. Annachie, &c. Held blench of Alexr. Irwing of Drum. In 
non-entry since death of ancestor in Novr. 1605. 

15. Revocation. George Johnestoun of Caskieben made a general Revocation, and 

also a special Revocation of a Disposition made by him in minority to Wm. Forbes of 
Tolquhone and Janet Ogilwie his wife, of the lands and barony of Wattertoun, salmon 
fishing on the Ithan, &c. in the parish of Ellon. 

Novr. i. Service Terce. Annas Leslie, widow of James Leslie, fiar of Otterstoun. Her 

terce of the dominical lands of Mains of Leslie, &c. in the Barony and parish of Leslie. 

29. Special Service. Alexr. Pantoun, burgess of Abd. to Wm. Pantoun, burgess of 

Abd., his paternal uncle. The shadow half of Auld Sleauche, in the parish of Drum- 
blait. Held blench of James Gordoun of Lesmoir. Old value 5/- Present value 2O/- 
In non-entry since death of ancestor in Septr. 1586. (Vide ^ Deer. 1613 supra, p. 68. ) z 

Special Service. Robert Mar to Mr. Robert Mar, his father. Meikle Ardoch 
in the parish of Belhelvie. Held blench of Patrick, Earl of Kinghorne. Old value 2O/- 
Present value 4. In non-entry since death of ancestor in June 1614. Reserving the 
liferent right of Jeane Chalmer, the deceased's widow. ( Vide 2 Novr. 1614 supra, 
P- 70.) 

General Service (Inq. Gen. No. 610). Thomas Johnestoun to John Johnestoun 
of that Ilk, his father. 

1616. 

Jany. 9. Curatory. Robert Duguid, eldest lawful son of the late Wm. Duguid in Ward 

of Slains. The next of kin called were Wm. Duguid of Auchinhuiff, John Duguid his 
brother, George Hay lawful son of Alexr. Hay of Brunthill, Mr. Patrick Hay his 
brother. The minor chose Wm. Duguid of Auchinhuiff, John Hay of Ardlethin and 
Patrick Con of Auchry or any two of them. John Hay was present and accepted office. 
His cautioner was George Bruce, "saidler burges of Abd." 

Febry. 28. Special Service (Inq. Spec. Abd. No. 142). Wm. Seatoun of Blair to Wm. 

Seatoun of Blair, his father. Sunny half lands of Ruddrestoune, with fishings, in the 
parish of Saint Machar. Held in feu and heritage from Crown, for payment of a silver 
penny if asked only. In non-entry since death of ancestor in Novr. 1608. 

March 26. General Service (Inq. Gen. No. 630). James Dempster to John Dempster of 

Knokleyth, his brother. 

Special Service (Inq. Spec. Abd. No. 143). James Dempster to John Dempster 
of Knokleyth, his brother. The sunny third part of Knokleyth, in the Barony of 
Auchterles-Dempster. Held of the Crown in feu and heritage for services used and 
wont. Also the shadow half of Logic Auldtoun, mill and others in the Barony of 
Auchterles-Meldrum. Held of George Meldrum of Haltoun of Auchterles, in feu farm 
for duty of 10 merks. In non-entry since death of ancestor in Augt. 1615. 

I The Editor can find no explanation for this second service, unless by supposing that the 
previous one had been forgotten about. 

72 



Diet Books : Vol. VIE., Part IL, Contents 

1616. 
April 9. General Service. James Clerk in Ardiffrie to Gilbert Club, his maternal uncle. 

May 15. General Service. Patrick Gordoun of Bountie to Alexr. Gordoun of Bountie, 

his father. 

17. Service Terce. Lady Anna Murray, Countess of Kinghorne. Her terce of 

Kingseat, with advocation and right of patronage of Belhelvie. Also Over and Nether 
Mondurnoch and others in the Barony of Fyvie and Regality of Abirbrothok. Without 
prejudice to the right to the lands of Easter Ardoch, granted by the late Earl to the late 
Robert Mar, burgess of Abd. , and Jeane Chalmer, his wife. (Supra pp. 70 and 72. ) 

Special Service (Inq. Spec. Abd. No. 144). John Forbes of Tulloche to Robert, 
Commendator of Monimusk, his father. Tilliriauche and Tullocheweinis in the Barony 
of Clunie. Held of Arthur, Lord Forbes, and his heirs male in feu farm for payment 
of 8. The lands of Tillifour and mill, &c. in the parish of Monimusk. Held blench 
of Lord Forbes. Bowak and mill, &c. held of the Crown, by annexation of church 
lands, for payment of ,"] io/- In non-entry since death of ancestor in Febry. 1616. 
Reserving to Agnes Forbes, the widow and conjunct fiar, her liferent rights. 

General Service (Inq. Gen. No. 638). Captain John Gordoun, son of Captain 
Alexr. Gordoun to Jean Gordoun, Lady of Rothimarkus, his father's sister. 

June 25. Curatory. Johne Forbes of Tulloche. The next of kin called were Arthur, Lord 

Forbes, James Forbes of Lethintie, Patrick Forbes of Corse and Mr. Wm. Forbes of 
Meanie. The minor chose Patrick Forbes of Corse, George Currour of Swailend and 
Wm. Duguid of Auchinhuiff or any two, of whom Patrick Forbes must be one. All 
three were in Court and accepted office. 

Service Terce. Agnes Forbes, widow of Robert, Commendator of Monimusk. 
Her terce of the lands of Bowak, mill and mill lands of the same, in the parish of 
Monimusk. ( Vide Supra. ) 

July 17. Special Service (Inq. Spec. Abd. Nos. 145 and 146). Peter Blakburne to 

Peter Blakburne, Bishop of Aberdeen, his father. Lands and Barony of Dyce. Lands 
and Mill of Dunnidur and lands of Rothmurriell in the Regality of the Gareoche. 
Held of the Crown in feu farm. Also Kirktoun of Dyce, &c. Held of the Arch- 
bishop of St. Andrews in feu farm. Also part of Meikle Endovie, in the parish of 
Alford, held of Wm. Forbes of Corsinday in feu farm. In non-entry since the death of 
the Bishop on 14 June immediately preceding. 

Octr. 2. Curatory. Margaret, Elspet, Janet and Isobell BlaKburne, daughters of Bishop 

Peter Blakburne. The next of kin called were Mr. Archibald Blakburne, Minister at 
Abd., Mr. Peter Blakburne son of the Bishop, George Johnestoun of that Ilk and 
Gilbert Johnestoun of Frosterhill. Margaret chose Mr. Duncan Forbes of Lethintie, 
Mr. Archibald Blakburne and Gilbert Johnestoun, of whom the last two named must 
be two. Elspet chose Robert Johnestoun of Cremond and Gilbert Johnestoun. 
Janet chose Mr. Duncan Forbes and Mr. Archibald Blakburne, while the choice of 
Isobell fell on Mr. Duncan Forbes and Mr. Patrick Guthrie. The only two who were 
present and accepted office were Mr. Duncan Forbes and Mr. Archibald Blakburne. 

K 73 



Aberdeenshire Sheriff Court: 

1616. 

Deer. 4. Special Service. Patrick Gordoun to Alexr. Gordoun of Bountie, his father. 

The croft in the Barony of Kincardyne O'Neill, of old called " Alexr. Sangis croft." 
Formerly held of the Rector of Kincardyne O'Neill, thereafter of the Crown in feu farm 
for payment of 37/- In non-entry since death of ancestor in August 1584. 

1617. 
Fehry. 12. General Service (Inq. Gen. No. 676). Margaret Gradane to Margaret Walker 

wife of Edmond Gradane in Kinloche, her mother. 

20. General Service. George, Earl Marischal, as heir of conquest to Sir Robert 

Keyth of Benholme, knight, his brother german. 

April 29. Special Service (Inq. Spec. Abd. No. 149). Patrick Hepburne to Patrick 

Hepburne at Mill of Abirdour, his father. Lands of Ferihill, &c. in the parish of St. 
Machar. Held formerly of the Minister of the Monastery of the Holy Trinity of Aber- 
deen, as part of the patrimony of the Monastery, and thereafter of the Crown in feu 
farm, for payment of 20. In non-entry since death of ancestor in Deer. 1616. 
Reserving to Janet Cheyne the widow and conjunct fiar, her liferent right to the sunny 
half of Ferrihill, etc. 

June 4. General Service. Christian Robertsone, wife of John Blak, Shoemaker in Old 

Aberdeen to Gilbert Robertsone, her brother. 

7. Special Service (Inq. Spec. Abd. No. 151). Patrick Gordoun of Halheid to 

Patrick Gordoun of Halheid, his father. Halheid and Corquhunderland in Cushnie. 
Held of the Crown for service of ward and relief. In non-entry since death of ancestor 
in Deer. 1616. Reserving the rights of Janet Gordoun, the widow. 

II. Curatory. Thomas Gray, lawful son of the late Andrew Gray in Kemnay. The 

next of kin called were Wm. Gray in Isakstoune, Thomas Bruce in Rathaurald, Alexr. 
Melwill in Craigearne, James Melwill in Carnetradlene. The minor chose Thomas 
Bruce, for whom Walter Cheyne in Tullebin became cautioner. 

March 19.' General Service (Inq. Gen. No. 689). Elizabeth Setoune to Alexr. Setoune, fiar 
of Meldrum, her father. 

i General Service (Inq. Gen. No. 690). Elizabeth Setoune to Alexr. Setoune of 
Meldrum, her grandfather. 

1 8. Special Service. Thomas Craik in Lennie to Thomas Craik in Dirahous of 

Rethin, his grandfather. The croft called the Dira Croft of Rathin in the town of 
Rathin and Barony of Phillorth. Held blench of Alexr. Fraser of Phillorth. Old 
value 6/- Present value 24/- In non-entry since death of ancestor in April 1605. 
Reserving to Agnes Park, his widow, her liferent right. 

July 23. General Service (Inq. Gen. No. 70x3). Walter Mollysone to John Mollysone in 

Lachintullie, his father. 

I These and a good many other services in the pages which follow were entered in the 
original out of their chronological order and are entered here in the same way. 

74 



Diet Books: Vol. Vffl., Part IL, Contents 

1617. 

July 23. Special Service (Inq. Spec. Abd. No. 152). Walter Mollysone to John Molly- 

sone in Lachintillie, his father. Half the town and lands of Glak in the Barony of 
Muchell. Held blench of Andrew Fraser of Steaniewood. In non-entry since death 
of ancestor in June 1594. 

Augt. 7. Curatory. William Forbes of Knapernay, The next of kin called were Wm. 

Forbes of Tolquhone, Mr. Walter Forbes of Auchridie, Wm. Hay of Delgatie and 
Walter Hay, indweller in Edinburgh. The minor chose Mr. Walter Forbes of Auch- 
ridie, John Forbes of Petnacaddell, John Johnestoune of Sleepiehillok, George 
Johnestoune of Fawalls, John Collisone of Auchlownies and John Hay of Cremondmo- 
gat, or any three, John Collisone being always one. Johnestoune of Sleepiehillok, 
Johnestoune of Fawalls and Collisone were present and accepted office. 

Deer. 20. Service Tutory (Inq. Tut. No. 266). Janet Allane alias Braber, daughter of 
the late John Allane alias Braber, in Stering of Glenmuick. John Allane alias 
McBraber in Ballogie 1 was found entitled to the office. 

General Service (Inq. Gen. No. 713). Christiane Cheyne to Mr. Francis Cheyne 
of Craigie, her father. 

Special Service (Inq. Spec. Abd. No. 154). Christiane Cheyne to Mr. Francis 
Cheyne of Craigie, her father. The town and lands of Craigie-Tarves and ' ' Grein 
hills of Craigie," &c. in the Regality of Abirbrothok. Held in feu farm of the Marquis 
of Huntly and his successors as Barons of the Barony of Tarvis, for payment of 
.10 195. iod., and with performance of certain feudal services. In non-entry since 
death of ancestor in October 1604. 

1618. 

Jany. 13. Special Service (Inq. Spec. Abd. No. 155). George, Marquis of Huntly to 

George, Earl of Huntly, his grandfather. Parts of Coclarachie, &c. Held of the 
Crown for service of ward and relief. In the hands of the Superior since the death of 
ancestor in October 1562, being 55 years and 3 months, viz. : by reason of ward for 8 
years and by reason of non-entry for 47 years and 3 months. The following 13 jurors 
sat upon the inquest : James Cheyne, apparent of Arnage ; George Leyth of Overhall 
of Bairnis ; Mr. Robert Bisset of Lessindrum : Alexr. Lyone of Brakey ; Alexr. Spens 
of Boddome ; Mr. Wm. Gordoun, son of George Gordoun of Coclarachie ; Thomas 
Gordoun, son of John Gordoun of Lentusche; Mr. Robert Udnie of Tillicorthie; James 
Gareoche of Kinstair ; Wm. Leslie of Littill Warthill ; Mr. Thomas Mollysone, 
common clerk of Abd. ; Alexr. Gordoune at Kethokismiln ; Wm. Udnie, fiar of 
Udnie. 

General Service (Inq. Gen. No. 716). George Stewin, Baker in Abd. to Andrew 
Tulledaff of that Ilk, his maternal grandfather. 

Feby. 18. General Service. George Edward to Andrew Edward in Bonnytoune, his father. 

i. Probably the old Ballogie in Braemar, not the modern Ballogie in Birse. 

75 



Aberdeenshire Sheriff Court: 

1618. 

Mar. II. Special Service (Inq. Spec. Abd. No. 156). John Kinnaird to Patrick Kinnaird 

of that Ilk, his father. Kininmond and Perskow with house, garden and an acre of 

. arable ground adjacent thereto, in the town of Corthiecrome in the Barony of Slains. 

Held blench of Francis, Earl of Erroll. In non-entry since death of ancestor in Novr. 

1616. 

June 7. General Service. Wm. Lindsay to Mr. James Lindsay of Cushnie, his father. 

March 25. General Service (Inq. Gen. No. 735). George Currour of Swailend to Andrew 

Currour of Inschedrour, his great grandfather. The ancestor died in the reign of 
James V. 

General Service (Inq. Gen. No. 736). George Currour of Swaillerid to George 
Currour of Petskillie, his great great grandfather. The ancestor died in the reign of 
James VI. 

July 15. Special Service (Inq. Spec. Abd. No. 157). William Woid to Alexr. Woid of 

Colpnay, his father. The sunny third part of Meikill Finnersie, Littill Finnersie and 
Monecht, &c. in the Lordship of Mar. Held of the Crown for service of ward and 
relief. In non-entry since death of ancestor in June 1614. 

Octr. 6. General Service. Margaret Keyth to Magnus Keyth, portioner of Finnersie, her 

father. 

Novr. 13. Curatory. Donald Farquharsone, lawful son of the late Donald Farquharsone of 

Tilliegarmond. The next of kin called were Robert Farquharsone of Feinzeane, Alexr. 
Farquharsone of Thome, David Farquharsone of Ba , James Gordoune of Knoke- 

spok and Wm. Gordoune of Aradowll. The minor chose Sir Alexr. Gordoune of 
Clunie, knight, James Gordoune of Knokespok, Wm. Gordoune of Kennertie, Alexr. 
Farquharsone of Tome, Robert Farquharsone of Feinzeane and James Farquharsone of 
Spittell, or any four, of whom Knokespok and Feinzeane were to be two. The laird of 
Feinzeane was present and accepted office. 

Curatory. Janet Watsone, lawful daughter of the late Robert Watsone in Wod- 
toune. The next of kin called were David Watsone in Sigget, Robert Barclay there, 
George Watsone, Messenger in Turreff, and Hendrie Kemptie at the Mill of Tiftie. The 
minor chose David and George Watsone for her Curators. 

1619. 
Jany. 12. General Service. James Grant to James Grant of Dilrossat, his father. 

29. General Service. John Leslie, son of the late Patrick Leslie in Chappeltoun to 

Barthol Leslie in Chappeltoun of Leslie, his paternal uncle. 

June 2. General Service (Inq. Gen. No. 839). Mr. Robert Gardyne to Mr. Thomas 

Gardyne of Blairtoune, his father. 

Octr. 5. General Service (Inq, Gen. No. 858). Wm. Setone of Meldrum to John Setone 

of Meldrum, his brother. 

7 6 



Diet Books: Vol. Vffl., Part H, Contents 

1619. 

Octr. 5. Special Service (Inq. Spec. Abd. No. 163). Wm. Setone of Meldrum to John 

Setone of Meldrurn, his brother. The lands and Barony of Meldrum, &c. In non- 
entry since death of ancestor in July 1619. 

6. Service Terce. Marjorie Innes, widow of Wm. Buchane of Dyce. Her terce 

of the Kirktoun of Dyce, with salmon fishing on the Don, Mill of the same, &c. in the 
Regality of St. Andrews. 

Service Tutory (Inq. Tut. No. 324). Jeane Buchane, lawful daughter of Wm. 
Buchane, burgess of Abd. Mr. Henry Buchane, burgess of Abd., found entitled to 
the office of Tutor. 

Service Tutory (Inq. Tut. No. 325). Marjorie Buchane, daughter of Wm. 
Buchane. Mr. Henry Buchane chosen. 

Special Service (Inq. Spec. Abd. No. 164). James Heleburtone of Petcair 
[Petcur] to Sir James Heleburtone of Petcair, knight, his father. Half lands and 
Barony of Drumblait, &c. Held of the Crown for service of ward and relief. In non- 
entry since death of ancestor in Febry. 1619. 

19. General Service (Inq. Gen. No. 864). Mr. James Forbes of Hauchtoune to 

Robert Forbes of Tollie [? Coulie], his immediately elder brother. 

Septr. ii. General Service (Inq. Gen. No. 855). John Forbes of Leslie, as heir of conquest 

to Robert Forbes, portioner of Coulie, his immediately younger brother. 

Special Service (Inq. Spec. Abd. No. 162). John Forbes of Leslie, as heir of 
conquest to Robert Forbes, portioner of Coulie, his immediately younger brother. Six 
ploughs of Culie, &c. Held blench of Wm. Forbes of Monymusk. In non-entry since 
death of Robert Forbes in July 1619. 

Jany. 3. Special Service. John Lowsone, burgess of Abd. to Adam Lowsone, burgess of 

Abd., his brother. Two oxgait of the two sunny ploughs of Percock. One oxgait of 
the sunny plough of the shadow half thereof. Also one-seventh part of three oxgait of 
all three ploughs thereof. Old value io/- Present value 4O/- Held blench of Alexr. 
Fraser of Techmurie. In non-entry since death of Adam Lowsone in Octr. 1618. 

1618. 

Augt. 19. General Service (Inq. Gen. No. 770). George Leslie of that Ilk to Alexr. 

Leslie of that Ilk, his great grandfather. Alexr. Leslie died in the reign of Mary, 
Queen of Scots. 

Special Service (Inq. Spec. Abd. No. 158). George Leslie of that Ilk to John 
Leslie of that Ilk, his grandfather. Church lands of Leslie, &c. Held formerly of the 
vicars of Leslie, thereafter of the Crown in feu farm for payment of 4 merks. In non- 
entry since death of predecessor in Novr. 1 592. 

1619. 
June 30. General Service. David Skeddowaye to Alexr. Mowat, his maternal grandfather. 

77 



Aberdeenshire Sheriff Court: 

1619. 

Novr. 1 6. Special Service. John Chein, lawful son of the late Gilbert Chein, formerly of 

Tilliburies to Wm. Chein, his father's brother. The lands of ? Owerhills in the parish 
of Kellie. Held blench of John Gordoun of Buckie. Old value 5/- Present value 
2O/- In non-entry since death of ancestor ' ' in bello Muscovitano inter Pollones et 
Muscovitas" in 1614. 

30. General Service (Inq. Gen. No. 870). William Blackburne to Mr. Peter 

Blackburne of Endowie, his brother. 

Special Service (Inq. Spec. Abd. No. 165). William Blackburne to Mr. Peter 
Blackburne of Endowie, his brother. Parts of Mekill Endowie in Alford. Held of 
the Crown in feu farm for payment of 2O/- In non-entry since death of ancestor in 
Octr. immediately preceding. 

17. General Service. Thomas Gordone to Alexr. Gordone at Kethockismilne, his 

father. 

June 30. Special Service (Inq. Spec. Abd. No. 161). George Leith to Gilbert Leith of 

Barnes, his father. The shadow part of Erlisfield in Premnay. Held blench of George 
Leslie of that Ilk. In non-entry since death of ancestor in Octr. 1603. 

Deer. 1 6. General Service. Elizabeth Eraser to James Brabner, in Abd., her 

maternal uncle. 

1620. 

March 2. General Service (Inq. Gen. No. 894). James Crichtoune of Frendraucht to 

James Crichtoune of Frendraucht, his father. 

June 9. Special Service (Inq. Spec. Abd. No. 167). Patrick Leith of Liklieheid to Wm. 

Leith of Liklieheid, his grandfather. Auchnagathill and others, described at great 
length. In non-entry since death of ancestor in June 1598. 

April 25. General Service. George Baird of Auchmedden to Gilbert Baird of Auch- 

medden, his father. 

Special Service (Inq. Spec. Abd. No. 166). George Baird of Auchmedden to 
Gilbert Baird of Auchmedden, his father. The lands of Auchmunziell, Carnebanno 
and others in the Lordship of Deir, now called Altrie. Held formerly of George, Earl 
Marischal, and now of Lord Wm. Keith of Altrie. In non-entry since March 
immediately preceding. 

June 7. General Service (Inq. Gen. No. 900). Alexr. Craige to Wm. Craige of Craigis- 

fintraye, his father. 

26. Special Service (Inq. Spec. Abd. No. 168). Mr. James Skein to Mr. Gilbert 

Skein of Waster Corss, his father. Half lands Corsindaye, Carndaye, Badinley, 
Endovie, Badevin and Kebitie, all held of Alexander, Master of Forbes. In non- 
entry since death of ancestor in November 1616. 
1621. 

Jany. 10. Service Terce. Marjorie Innes, widow of Wm. Buchane of Dyce. Her terce 

of the lands of Petmedden in the parish of Dyce, fishing on Don and others. 

7 8 



Diet Books: Vol. VIE, Part IL, Contents 

1621. 

Jany. 31. Special Service (incomplete). Patrick Davidsone to Mr. Wm. Davidsone, 

burgess of Abd., his father. An annual rent of 100 merks, payable half-yearly at the 
feasts of Pentecost and St. Martin ; but a page is missing, and the lands therefore not 
found. 

Date wanting. General Service (incomplete). John Muir to Katherine Muir, his paternal aunt. 

March 14. Special Service (Inq. Spec. Abd. No. 169). Wm. Gordone of AbirzeWie to 

James Gordone of Midmar, his paternal grandfather. Carntrailzean, with mill, &c. 
Held blench of James, Earl of Buchan. In non-entry since death of ancestor, "qui 
decessit in bello de Pinkie in mense Septembris" 1547. 

June 9. Special Service. Charles Chalmer to John Chalmer in Fintray, his father. The 

lands of Corskie and Tillebrekie, being parts and pertinents of the lands of Coisindaye. 
As also the mill of Corsindaye in the parish of Midmar. Held in feu farm for payment 
of ^4, formerly of Wm. Forbes of Corsindaye, but then of James Garioche of Kinstair 
and the heirs of the late Mr. Gilbert Skein of Waster Corss, in virtue "decreti 
appretiationis earumdem pro certis pecuniarum summis per dictum Gulielmum Forbes 
dictis personis suis creditoribus debitis et non solutis." In non-entry since death of 
ancestor in Novr. 1605. 
1620. 

Octr. 4. Service Terce. Janet Ramsay, widow of Wm. Birnie in Fraserburgh. Her 

terce of the shadow half of the shadow third of Estir Tyrie, in the Barony of Phillorth. 
" Necnon in totis et integris quatuor solaribus lie dealls cum dimidietate alterius lie 
daill Solaris partis terrarum de lie bank una cum umbrali parte lie rige de Sandeland 
vulgo sa maikle of the shaddow rige as the said four sone daills and shaddow halff 
daill wyneis upone." 

1621. 
June 27. General Service. George Keith to Gilbert Keith in Lorstoune, his father. 

Special Service (Inq. Spec. Abd. No. 170). George Keith to Gilbert Keith in 
Lorstoune, his father. The lands of Ower Cremongorthe in the parish of Cremonperk. 
Held blench formerly of Lord William Hay of Urie, then of Francis, Earl of Erroll. 
In non-entry since death of ancestor in Octr. 1618. Reserving to David Woid, fifth 
son of the late Archibald Woid of Middle Disblair, an annual rent of ^40 out of the 
sunny third part of said lands. Also to James Woid, grandson of the said Archibald, 
an annual rent of 20 out of the shadow fourth part thereof. Also to Walter 
Woid, seventh son of Archibald, an annual rent of 20 out of the sunny fourth of the 
shadow half thereof. 

Octr. 31. Special Service (Inq. Spec. Abd. No. 171). Alexr. Skene to Janet Skene, his 

mother. Part of Auchtererne, &c. Held of the Crown for service of ward and relief. 
In non-entry since death of ancestor in March 1621. 

1622. 

Febry. 13. Service Tutory. James Elphinstoun, son of John Elphinstoun of Warthill. 

Mr. James Elphinstoun of Bairnis found entitled to the office. 

Service Tutory. Alexander Elphinstoun, son of above. The said Mr. James 
Elphinstoun appointed. 

79 



Aberdeenshire Sheriff Court 

1622. 

Febry. 27. Special Service (Inq. Spec. Abd. No. 172). George Gordoune of Halheid to 

Patrick Gordoun of Halheid, his brother. Halheid and Corquhunderland in the parish 
of Cushnie. Held of the Crown for service of ward and relief. In non-entry since 
death of ancestor in Octr. 1621. Reserving to Janet Gordoune, mother of George, her 
liferent rights. 

March 13. Service Tutory. Thomas Mortimer, lawful son of the late Wm. Mortimer, 

Jun., in Logiedurnocht. Andrew Mortimer in Ryhill found entitled to the office. 

June 5. Special Service. John Leslie of Petcapill to Duncan Leslie of Petcapill, his 

father. Kirktoun of Daviot, with the teinds, &c. in the parish of Daviot. Held feu 
of the Crown by annexation for duty of 19 merks. In non-entry since death of ancestor 
in Septr. 1602. 

12. General Service (Inq. Gen. No. 1030). Elizabeth Innes, wife of Lachlan Grant 

of Wester Elshois [? Elchies] to John Innes of Auchluncart, her grandfather. 

14. General Service. Thomas Mengzeis to Robert Mengzeis, formerly of Boighoill, 

burgess of Abd., his father. 

Service Terce. Isobell Forbes, widow of James Gordoune, fiar of Newtoune. 
Her terce of the lands and Barony of Newtoune of Wranghame, containing in special 
Newtoune of Wranghame, with grain and walk mill thereof, Kirktoune of Colsalmound, 
Leddinghame with mill, &c. with the customs of Saint Serfs market. 

1619. 
June 9. General Service. James King to Wm. King of Barraucht, his father. 

Novr. 17. General Service (Inq. Gen. No. 869). Isobell Forbes to Robert Alerdes of that 

Ilk, her father. 
1620. 
Jany. 26. General Service. Francis Leslie to John Leslie in Keithnie, his father. 

1622. 

July 10. Special Service. Jeane Buchane, one of the daughters and co-heirs of Wm. 

Buchane of Dyce, her father. Nether Dyce with the pendicles called Rethis and Glen, 
with salmon fishing on the Don, with privileges and pertinents, and specially those 
belonging to a free Barony, situated in the Thanage of Kintore. In special warranty of 
the foregoing, the lands of Dunnideir and mill thereof, Rothmurriell with the office of 
Bailliary of the Regality, situated in the Regality of the Garioch. Also Kirktoune of 
Dyce and others, with the jurisdiction of Bailliary of Regality, situated in the parish of 
Dyce and Regality of St. Andrews. The lands of Petmedden with the right of taking 
fish in the Don, &c. Nether Dyce, Rethis and Glen, held in feu farm from the Crown 
for payment of 8. Dunnideir and others held of the Crown in feu farm for payment 
of 40. Kirktoune of Dyce held of the Archbishop of St. Andrews in feu farm for 
payment of 6 135. 4d. Petmedden held of the Provost and Baillies of Abd. in feu 
farm for payment of 6 and 84 bolls of victual, half meal, half malt, and other duties. 
The whole subjects in non-entry since death of ancestor in June 1619. 



80 



The Minute Books of Judicial Enactments 
Vol. L, 1 605-8 

The foregoing was the title given to a series of eight volumes, 
covering the greater pirt of the period from 1605 to 1729, by those who 
caused the various Books to be cared for and freshly bound in the first 
half of the ipth century. Whether there ever existed older books of the 
same class or not cannot now be either affirmed or denied ; but, un- 
questionably, numerous instances of the kind of entries which they 
contain were, before the date at which this series opens, found scattered 
through the Diet Books. It may quite well be that the Sheriff Clerk 
who had begun specialization by opening a Decree Book in 1597 was 
now merely proceeding farther upon the same lines. 

The name by which these volumes are called is quite fairly descrip- 
tive of their contents. They contain the record of appearances in Court 
by parties themselves, or by procurators for them duly authorised, for the 
purpose of declaring themselves bound in facie curice either to do or to 
abstain from doing certain acts. The obligation to stand security for an 
arrestee, that the goods or money arrested should be forthcoming in due 
course of law to the arrester, was a very common form of judicial 
enactment, as was also the obligation to produce an accused person for 
trial under a penalty. Of Renunciations and Discharges by married 
women, coupled with Ratifications on oath binding themselves not to 
challenge deeds granted by them or to which they were parties along 
with their husbands, or which had been granted by their husbands with 
some possible prejudice to their rights, there are a great number, most of 
them carried through in Court at Aberdeen ; but some, to suit the 
convenience of county ladies, on commission at their own residences in 
the country. Agreements or obligations to remove from land are also 
numerous. There are also occasional instances of the Registration of 
writings for execution. 

In this class of Books of Court are naturally to be found more 
signatures than in any other, and where the parties could write they 

L 8 1 



Aberdeenshire Sheriff Court 

signed the entries. Many, especially in this volume, are unsigned. 
The Sheriffs depute sometimes signed, but not always, and it is 
difficult to account for their neglect to do so. Procurators who 
appeared in virtue of mandates for absent clients rarely did so. 
Although quite usual in subsequent volumes of this series, no instance of 
Notarial subscription has been observed in this volume. A few leaves 
would seem to be wanting at the beginning of the volume, which con- 
sists of 176 closely written pages. 



82 



Table of Contents of Vol. L of Minute Books of 
Judicial Enactments 

1605. 

Novr. 18. Loosings of Arrestments. Barbara Mowat, Lady Leisk, Wm. Leisk of that 

Ilk and George Gordoun of Bogbray v. Alexr. Forest in the Newtoun of Colliestoun. 
Claim for the rent and arrears of rent of Bogbray. Cautioner Andrew Reid of 
Colliestoun. 

23. Isobell Mar in Cowsteanis v. George Malis in Badindauche. Cautioner Mr. 

William Ray in Waster Fintray. 

28. George Dempster of Ordley v. Alexr. Forbes in Turref, Wm. Forbes his son, 

Thomas Chalmer there and Alexr. Chalmer his son. Cautioner Wm. Houstoun in 
Turref. 

Discharge and Ratification. Christane Lumisden, one of the daughters and 
co-heirs of the late Mr. Robert Lumisden born to him and his wife Elct Keyth, and wife 
of Alexr. Duff of Torrisoul, in favor of Mr. Robert Lumisden now of Affleck. Mrs. 
Duff had certain rights under the Charter by which Mr. Robert Lumisden [presumably 
her brother] succeeded to the lands of Affleck, &c., which had been executed at 
Auchnacant on 4 March 1583. In consideration of certain sums paid to her, she, out- 
with her husband's presence, discharged her rights, renounced the exception " Senatus 
Consulti Velliani and all utheris introducit in favours of women," &c. , and gave her 
oath not to quarrel this discharge. A right to a chalder of victual yearly was reserved. 
Her husband then appeared and consented, the signatures of them both and of the 
Sheriff depute being appended to the entry. 

Deer. 10. Loosings of Arrestments. George Dowertie in Archedlie v. George Barclay of 

Auchredie and Andrew Dauidsone, George Lyell, Robert Philip and Patrick Cowesone, 
all in Auchredie. Cautioner Sir Patrick Barclay of Tollie, knight. 

14. James Dempster, portioner of Ordley v. James Mershell, Messenger. Here there 

was a written obligation granted by James Sincler in Park of Fyvie as cautioner, which 
was presented for registration by Mr. Wm. Chalmer, Advocate. 

1 6. George Barclay in [? of] Auchredie v. George Douertie in Archedlie, John 

Douertie, elder, there, John Hendersone there, John Douertie, Merchant there, and 
Wm. Douertie in Lytill Meldrum. Here also there was a written obligation, granted 
by George Gordone, fear of Haddoch, as cautioner, which was presented by Mr. Robert 
Paip, Advocate. 

30. Caution for Fulfilling a Marriage Contract. Duncan Mar in Newseit of 
Tolchone v. Andrew Akin in Kirkhill of Fowerane. Akin had apparently married 
Margaret Mar, daughter of Duncan Mar, and by this act Mr. John Irwing in Owerhill 
of Petgirssoche became cautioner for " the furthe freing of certane heids of ane contract 
of matrimonie maid " between them. 

83 



Aberdeenshire Sheriff Court: 

1606. 

Jany. 2. Theft The Procurator Fiscal (Mr. Wm. Barclay) v. William Walker in Thunder- 

toun. Henry Middiltoun of Clackhill was surety that accused would appear on 21 
January, on a charge of stealing from Andrew Fraser of Stanewod of " certane guids 
geir pleuch irneis and pleuch geir and for sic uther capital cryms as sal be laid to his 
charge." 

6. Loosings of Arrestments. Dame Elet Gordoun, Lady Kinmundy, and Mr. 

Robert Gordoun her son v. Alexr. Gordoun in Avachie. Sums of money arrested in 
the hands of John Bruce and Andrew Wodman, indwellers in Smallburne. Cautioner 
Robert Innes of Elrick. 

13. Alexr. Irwing in v. Patrick Leslie, burgess of Abd. Cautioner John 
Leslie of Bolquhyne. 

14. Alexr. Fraser of Newforest v. James Mershell, Messenger, Robert Dauidsoun in 
Quhytrassis, Robert Dauidsoun in Lanschor, Thomas Chalmer in Turref, Alexander 
Chalmer his son, Wm. Forbes, Merchant, Wm. Messer, Messenger. Cautioner Alexr. 
Forbes in Turref. 

23. John and Arthur Cheyne v. John Duncan, " Froster," in Fyvie. Cautioner James 
Merschell, Messenger in Fyvie. 

29. George Banerman of Watertoun v. Patrick Hay of Hadow. Two stacks of corn 
in the yard of Alexr. Wilicok in Ellon. Cautioner Gilbert Keithe of Auchheiris. 

30. George, Earl Merschell v. Patrick Bodie in Myir Syde. Cautioner George 
Quhytheid, burgess of Abd. 

Feby. 15. Barbara Forbes, Lady Delgaty and Archibald Dowglis of Burnetill [or Burnetie] 

her husband v. James Inneis in Ardgrane. Cautioner Patrick Cruikschank in 
Erllseat. The arrestment was for rents for 1605 and 1606. 

17. Thomas Meldrum v. John Inneis of Logialtoun. Cautioner Robert Inneis of 

that Ilk. 

19. Patrick Maitland in Andet v. Nicoll Gib in Haddoch. A stack of oats belonging 

to Nicoll Gib and standing in the yard of James Gib in Lytill Meythlik. Cautioner 
James Birny in Tarves. 

23. Alexr. Walker, son of Gilbert Walker in Dudeweick v. Agnes Craigheid there, 

mother of Alexander Walker. Alexr. Walker had arrested in order to secure his 
legitim. Cautioner for the mother Wm. Kempt in Litill Arnage. 

March George Banerman of Watertoun v. Mr. Robert Paip, Patrick Hay in Haddo and 

Henry Annand. Corn in barnyards at Ellon. Cautioner Gilbert Keythe of Aucheres. 

4. Wm. Irwing of Eister Heltie v. Thomas Duncane at the Mylne of Eister Beltie. 

The arrestment was to secure the landlord's claims against Duncane for not entering to 
the mill, which had been let to him, and for rent. Cautioner Alexr. Burnet, elder, 
burgess of Abd. 

84 



Judicial Enactments: Vol. I., Contents 

1606. 

March 8. Loosings of Arrestments. John Raye, burgess of Abd. v. John Cowper at the 

Mylne of Udnie. Raye had arrested in security of a claim of 100 merks. Cautioner 
Wm. Udnie of that Ilk. 

19. George Car in Benwellis v. Gilbert Dauidsone there. Car had arrested in security 
of the rent of Benwellis for crop 1603, 4, 5. Cautioner David Prait in Bathalny. 

James Dickie, Pyper v. Gilbert Tailzeour, Messenger in Birnes. 500 merks 
belonging to Tailzeour. Cautioner Andrew Crukschank, Messenger in Ellone. 

20. Bond of Assythment. The widow and children of the late John Innes, sometime 
in Newburgh v. Wm. Chalmer, servitor to Wm Blak in Newburgh. Mr. Robert Paip, 
Advocate, and Mr. Wm. Chalmer, Notary, became bound to pay ^100 to George Innes 
and James Findlay in Newburgh, for behoof of the widow in liferent and the children 
in fee, in satisfaction for the death of John Innes at the hands of Wm. Chalmer. Both 
the obligants and John Gordone the Sheriff depute signed the entry. 

Removing. James Settoun of Petmedden v. Alexr. Gray in Craig of Walethein 
[? Allathein]. Gray consented to remove from four oxengait instantly, but Marjory 
Sangster his wife was to be allowed to occupy the dwelling house until Whitsunday. 
Gray farther admitted $i of arrears of rent, for which he disponed " thrie oxin & twa 
key " to the landlord. Provision is made for the disposal of the surplus value of the 
animals should there be any. 

26. Loosings of Arrestments. James Ogiluie of Birnes v. Agnes Craigheid in 

Dudwik. (Supra 23 Febry.) Ogilvie had arrested 2200 merks to which he alleged he 
had right, but of which Agnes Craighead claimed the liferent. Cautioner Wm. Kempt 
in Littill Arnage. 

29. Gilbert Keithe of Auchires v. Margaret Innes and James Keithe, her husband. 

The arrestment was used in security of a claim for the "alledgit distroying doun 
cutting of the grein growing treis 1 within the yards of the lands of Auld Auchires and 
doun casting of the houssis " &c. Cautioner John Andersone in Dennies. 

Apl. 9. Francis, Earl of Erroll v. Wm. Hay in Ludquharne. The arrestment was for the 

Earl's alleged right to the multures of the "cornis that is in the Gask of Cruden." 
Cautioner Mr. Wm. Ord, burgess of Abd. 

14. George Gib, burgess of Abd. v. John Dauidsone, Tailzeour at the Kirk of Fyuie. 
The arrestment was for an alleged debt of 21. Cautioner Patrick Symsone at the 
Pryors Milne of Fyvie. 

15. Act of Eviction and Possession. John, Lord Saltoun v. James Mill. In 
virtue of letters from the Supreme Court, Lord Saltoun charged John Gordoun of 
Bogis, the Sheriff depute, to put in force a Decree of Removing at the instance of 
Alexr. Mowtray, burgess of Abd. (to which he was assignee) against the tenants of 
" tua pleuches" of Mains of Drumbrek, and to put him in possession. The procedure 
upon the ground is given in the entry. 

I A Statutory offence severely punishable. 
85 



Aberdeenshire Sheriff Court: 

1606. 

April 1 8. Lawborrows. Walter Jamesone in Tulloche v. James Philp in Owertoun of Dyce. 

Gilbert Johnestoun in Owertoun was cautioner under penalty of ^100. It was con- 
ditioned that if Philp removed at Whitsunday the cautioner was to be free by giving 
the Sheriff depute notice and entering him in the Tolbooth within 15 days before the 
term. 

26. Loosings of Arrestments. James Merschell, Messenger v. Robert Schand in 

Ordley. Stocking and effects. Cautioner George Dempster, portioner of Ordley. 

Andrew Cruickshank in Ellone v. Alexr. Willicok in Ellone. Crop, stocking &c. 
Cautioner David Kempt, Baxter, burgess of Abd. 

Act of Caution. Elspet Eduard in Kirktoun of Skeyne v. Isobell Alexander 
there. Alexr. Thome in Kirktoun was cautioner to enter Elspet and James Thome in 
Kirktoun of Skeyne " to abyd tryell for sic thingis as ma be laid to their chairge." 

Witchcraft. Elspet Adame, wife of David Norie, for whom Thomas Youngsone, 
burgess of Abd. was cautioner that she should enter before the Sheriff or his deputes 
upon six days charge. 

May I. Removing. Mr. James Eorbes of Auchinclache v. James Riddell in Easter Echt. 

The subjects were " ane sone pleuche " described also as " the said sone aucht oxingait" 
of Easter Echt. 

6. Loosings of Arrestments. John Andersone at Cristis Kirk v. James Andersone, 
Merchant in Dunneduir. Cautioner Alexr. Eduart, Merchant in Meikill Wardes. The 
claim was for 40 merks. 

7. John Gray at the Milne of Leisk, George Gray his brother and John Davidsone in 
Balschamsie z. Alexr. Hucheon in Eister Auchlowchies. Cautioner Alexr. Leisk in the 
Maynes of Leisk. 

16. Accounting. John Gray at the Milne of Leisk, George Gray his brother and 

other children and grandchildren of the late Jean Bruce in Auchquharnie v. Thomas 
Hay in Cask of Cruden. Cautioner James Bruce in Aythie. 

30. Loosings of Arrestments. Wm. Leisk of that Ilk v. Patrick Cruikschank in 

Auchlaithin. Cautioner James Innes in Ardgrein. 

June 2. Magnus Mowat of Balquhollie v. John Barclay in Woidend. Cautioner Sir Patrick 

Barclay of Tollyie. 

5. Robert Innes of Elrik v. Mr. Andrew Bedie in Fraserburgh. Besides the general 

arrestment there are mentioned "sic sowmes of monie as ar in the hands of Michael 
Eraser of Techmurie." Cautioner Gilbert Keithe of Auchireis. 

Andrew Reid of Collystoun v. Alexr. Wegins in Collystoun. What was arrested 
was "his biging doris windowis cupliis ruiffis and uthers belanging thairto standing 
upone the toun and lands of Dowbmyre of Collystoun." Cautioner Gilbert Wegins, 
Baxter, burgess of Abd. 

86 



Judicial Enactments: Vol. L, Contents 



1606. 

June 5. Loosings of Arrestments. Mr. Samuel Keythe in Conzeik v. James Gray in 

Conzeik. Cautioner Gilbert Dauidsone in Benwells. 

6. Wm. Straquhan of Glenkinclie v. Thomas Kennedy in Auchnagait. Cautioner 
George Gordoun of Uilspro. 

The Laird of Frendraucht v. James and John Murray in Craynelocht of Fren- 
draucht. Cautioner George Cruikschank of Tullymorgan. 

John Gordoun of Sawok v. Alexr. Meldrum in Medabel and Arthur Meldrum his 
son. ' ' Biginges doris windowis cupills panes ruiffis and uthers belanging thairto and 
standing " upon Medabel. Cautioner George Meldrum in Polquhyt. 

7. Wm. Gordoun of Abirgeldie v. Alexr. Burnet of Leyes. Peats &c. cast upon the 
Hill of Fair and specially on the west part thereof. Cautioner George Gordoun in 
Inwerrie. 

Mr. John Leslie, Minister at the Kirk of Glenmuik v. James Gordoun in Keand- 
toris. The half vicarage of the Parish of Tullich belonging to Gordoun. Cautioner 
Archibald Scheves, burgess of Abd. 

James Gardyne of Blakfuird v. John Smyth in Badaquhais. Cautioner John 
Gordoun of Tillichowdie. John Smyth, elder, in Littelfolle, father of the defender, 
joined in the obligation of relief. 

Wm. Forbes of Petsligo v. Alexr. Clark in Nather Bunlay. Cautioner Alexr. 
Gordoun in Carnemurrey. 

Wm. Forbes of Corsinday v. Alexr. Mylne in Kintocher. Cautioner John Gordoun 
of Bracka. 

Wm. Forbes of Corsinday v. Wm. Merser in Kintocher. Cautioner John Gordoun 
of Bracka. 

Judicial Ratification. Elspet Meingzeis, wife of James Brabner, burgess of 
Abd. James Brabner was holder of a wadset over the shadow half of Balhagartie 
extending to 12 oxengait, in security of 2250 merks, which John Erskine, fiar of the 
lands, was now repaying. Brabner's wife by this act ratified the redemption of the 
land, discharged her right of conjunct fee and all other rights she had, and renounced, 
as was usual, "all exceptiouns of the law quhairbe scho may cum in the contrair 
speciallie Senatus Consulti Velleani and all uthers introducit in favours of women." 

Loosings of Arrestments. Johne Keithe in Auchtilair v. Wm. Faywie in 
Auchtilair. Cautioner Alexr. Fraser of Kindrocht. 

9. George Craufurd of Anachie v. Wm. Mar in Anachie. Cautioner Alexr. Cheyne 

in Cauldwallis. 

Wm. Keithe of Pettindrum and Barclay his mother v. James Cruden at 

the New Mylne of Felorthe. Cautioner Robert Stewart in Invernorthe. 

Wm. Huntar at the Mylne of Ferriehill v. Andrew Skeyne in Auchquhorrie. 
Huntar's claim was for abstracted multures. Cautioner John Forbes, burgess of Abd. 

87 



Aberdeenshire Sheriff Court: 

1606. 

June 9. Judicial Ratification. John Forbes of New and Isobel Burnet his wife to Wm. 
Irwing of Murthill. Forbes granted the receipt of ^1000 for the redemption of " Wast 
toun in Cromar lyand within the parochin of Tarlen," and his wife as conjunct fiar 
ratified the redemption. The Contract of Reversion, Charter and Sasine were given up. 

10. Loosing of Arrestment. John Ewin, elder and younger in Beildcrages v. Wm. 
Burnet in Banchorie. Cautioner, Alexr. Burnat, apparent of Cluny. 

Accounting-. Isobell Leisk, widow of Wm. Banerman in Nethir Aslied and 
Alexr. Kennedy her husband v. Walter, Patrick, Elspet, Marjorie and Agnes Baner- 
man, children of the said Wm. Banerman, and George Banerman of Watertoun, their 
tutor. Cautioner John Gordoune, son of John Gordoune of Carnburrow. 

Submission and Decree Arbitral. John Irving of Artamfart and John Irving 
of Haltoun, his father, on one part, and Mr. Alexr. Irving, Advocate in Aberdeen for 
himself and Elizabeth Irving, his lawful daughter, and for his other children on the 
other part. The subject in dispute was the Teind Sheaves of Fitmurchie. The sub- 
mission was signed at Aberdeen and Corsinday 5 April 1606, and the Decree Arbitral 
was signed by Sir Alexr. Irving of Drum, the sole Arbiter, on 28 April following. 

1 1 . Loosings of Arrestments. Gilbert Baird of Auchmaiden v. Win. Tailzeour in 
Clintertie. Cautioner Duncan Forbes of Bytht. 

Alexr. Lasone in Creauche v. John Clark in Torreis. Cautioner John Leslie in 
Carnnye. 

Mr. Wm. Reid, burgess of Abd. v. John Findlater in Tillimald and Andrew 
Findlater in Brachanes. Mr. Reid (presumably the Advocate of that name) was suing 
an action of eviction from Brachanes. Cautioner John Forbes of Tillichirie. 

Removing. John Leslie of Wardes v. William Paull in Kirktoun of Dyce. The 
tanant appeared and consented to remove from his holding. 

17. Loosings of Arrestments. John Clark in Torreis of Touche v. Alexr. Lasone 

in Kreauche of Touche. Cautioner Thomas Straquhan, Flesher, and frieman of Abd. 

Robert Innes of Elrik v. James Arthe, Cordiner in Annachie. Cautioner James 
Crawfurd in Kidhill. 

28. Adam Gordoun in Boighoill, son of the late George Gordoun of Saphak v. Jeane 

Gordoun, widow of the said George Gordoun. " The haill wictuall perteining to Jeane 
Gordoun, relict of umquhill George Gordoun of Saphak presentlie in ane kirnall of 
Boigheids and uther wictuall perteining to the said Jeane." Cautioner John Gordoun 
of Ardlogy. 

July 3. Alexr. Coupland of Idoche, Elspet Efflek his mother, John Forbes of Bruxis, Wm. 

Coupland, Wm. Gordoun there, tenants of the Lands of Balchinnie v. Magnus Mowat 
of Bucholie and his tenants and servants of the Maynes of Bucholie, Kearthin and 
Yewbray. "The peitis fewaill fell douat and cornis sawin and cassin be the said 
Magnus and his saids tenentis upon the lands callit the Glenhill." Cautioner James 
Mowat in Smydieseit. 

88 



Judicial Enactments: Vol. L, Contents 






1606. 

July 4. Loosings of Arrestments. Isobell Chein, mother of James Kenedie of Carmuk 

and wife of Magnus Mo wat v. the said James Kenedie. "The pettis fewell feill and 
dowettis cassin be the said James and his servands in the moss of Carmuk" in the 
parish of Ellon. Cautioner Baillie William Gray of Abd. 

Alexr. Abill in Glasgo and David Scot in the Cottowne of Hall of Forrest v. Walter 
Chein, brother of Mr. Patrick Chein of Ranestoun. Walter Chein's corns had been 
arrested at the instance of Abill & Scot " be the officiar of George, Erll Marschell at 
the command of his LL. [Lordship's] Baillie of the Baroneis of Kintore Skein and 
Kinellar for ane alledgit releiffe of ane half of ane seasing ox and thrie firlottis 
officiar corne." Cautioner Mr. Patrick Cheine, son of Mr. Patrick Chein of Ranestoun. 

5. John Gordoun of Tillielt v. John Deuertie at Mylne of Pettie. The claim was for 

a penalty of <) "for nocht heroching of certan corbellis in dew tyme." Cautioner 
Andrew Robertsone in Pettie. 

8. Wm. Setoun of Disblair v. Thomas Baverlay in Logic. Cautioner William Forbes 

of Logiefintray. 

14. Gordoun of Blalak v. John Gordoun of Tillachoudie. Peats &c. cast in 

1606 by Tillachoudie and his tenants in the moss and muir of Logic and Brume hill. 
Cautioner Mr. John Cheyne of Petfichie. 

17. Alexr. Gordoun of Sueillend and Litill Gowill v. Wm. Forbes of Logiefintray. 

Peats &c. Cautioner Andrew TIervie of Elrik. 

22. Mr. John Cheyne of Petfichie v. Henry Mowtray in Pervinnes, John Gordoun of 

Crabistoun and James Andersone in Chappiltoun of Steaniewoid. Cautioner Robert 
Stewart, burgess of Abd. 

25. John Forbes of Camfell v. John Irving of Haltoun. Peats &c. within the Pcirk- 

hill and Peirk lands of Haltoun and Craigtoun of Lumphannand. Cautioner Peter 
Irving in Cairinbadie. 

28. John Leith of Harthill v. John Leslie of Petcapill. Peats &c. within the Moss of 

Rothemeas. Cautioner Thomas Murray, burgess of Abd. 

Wm. Leisk of that Ilk v. Andrew Ross in Fechill. Peats &c. in Moss of Fechill. 
Cautioner James Forbes of Lethintie. 

30. James Findlay in Angustoune, Annabell Troup, James Chessar and Helen Troup 

v. John Cuschnie in Murthill. Cautioner Robert Burnet in Robertstone. 

John Gordoun of Tilliquhodie v. John Gordoun of Blelok. Peats &c. in the Moss 
of Brumhill and in the Moss at the back of Tornamuide. Cautioner Patrick Gordoun 
of Hallheid. 

Mr. Thomas Nicolsone, Commissary of Abd. v. John Leyth of Edingcrrak and 
Adam Gordoun of Boigholl. Peats &c. cast by Leyth and Gordoun and the tenants of 
Boigholl. Cautioner Alexander Cruikschank, younger, burgess of Abd. 

M 89 



Aberdeenshire Sheriff Court: 

1606. 

July 31. Loosings of Arrestments. John Gordoun of Blelok v. Mr. James Leisk, 

Minister at Colstane. Peats &c. in the Moss of Brumhill. Cautioner Mr. Robert Paip, 
Advocate in Abd. 

Augt. 9. James Ogiluie of Birnes v. Alexr. Walker at the Mill of Birnes. Cautioner Alexr. 
Hay of Brunthill. 

Lawborrows. Wm. Forbes of Logiefintray and Thomas, Andrew and John 
Bauerleyis, William Thomsoun and Marjory Clark, his tenants v. Mr. Wm. Neilsoune, 
Minister of Fintray. The Minister had been charged by letters from the Court of 
Session not to molest these people in their persons or possessions ; but it was arranged 
that the caution should be taken in the Sheriff Court, and Alexander Tilliedaff of 
Auchedlie was cautioner under penalty of 200 merks. 

Ratification Taken Under a Commission (out of date). Isobell Cheyne, 
wife of Magnus Mowat of Buchollie. On 16 May commission was granted by the 
Sheriff depute and Sheriff Clerk to John Forbes of Gask and Wm. Ogstoun, Notary, as 
Sheriff depute and Sheriff Clerk depute respectively, to take the lady's Ratification of a 
wadset right granted by her husband over the Mill of Colp for 3000 merks in favor of 
James Raittie, elder, in Minamie. The commission was executed at Buchollie on 31 
May, but there is no evidence to show on what date it was reported. The Sheriff 
depute ordered the report to be registered in the books of Court, which was done at 
this place. 

12. Loosings of Arrestments. John Irving of Petmurkie v. John Farquharsone in 

Clouack. Peats &c. on the west side of the Burn of Clouack. Cautioner Patrick Ross, 
younger of Auchlossin. 

15. John Irving of Petmurchie v. John Mortimer of Cragiuar. Peats &c. cast by the 

laird of Cragiuar or his tenants of Knokandache or Baddindein. Cautioner Mr. John 
Lumisden of Cuschnie. 

Wm. .Stewart in Knowsteanis v. Thomas Johnestoune, elder, burgess of Abd. The 
comes sown by Johnestoune or his tenants of Toux upon the "eist syid of the Reid 
burne." Cautioner James Fyane, burgess of Abd. 

20. Adam Gordoun, portioner of Boghoill and John Leyth of Edingareaucht v. George, 

James and Alexander Cragheid in Kynmondie, James and Wm. Wischart there, 
George Forbes, James Hervie and George Tendell in Drumnagar. Whole corn sown 
and peats, &c. cast " upone the alledgit lands of Boghoill speciallie upone the Middle- 
hill of the same lyand on the estsyde of the saids lands besyde the Urlaburne and 
within the moss alledgit to be the Moss of Boghoill upone the northesyue thairof. " 
Cautioner James Menzeis, burgess of Abd. , whom Paull Menzeis of Kynmondie bound 
himself to relieve. 

26. Gilbert Menzeis v. Thomas Kellie, burgess of Abd. Cautioner John Tullidaf, 

burgess of Abd. 

9 



Judicial Enactments: Vol. L, Contents 

1606. 

Augt. 29. Loosings of Arrestments. James Gordone, apparent of Lesmoir, Alexr. Rireis 

in Strathtodla, James Robertsone in Esseis, Alexr. Hay of Damheid, Andrew Robert- 
sone in Esseis, Wm. Davidsone there, Thomas Hay and Andrew Smyth v. Wm. 
Watsone of Haddoch and Andrew Watsone, his brother. "The haill cornis sawin be 
thame" [in 1606] "upone ony pairt of the commounty of Rattrey speciallie upone the 
southe pairt of the said commounty lyand upone the northe syde of the said toun and 
lands of Haddoch and west syde of ane seat callit the Knapperhillok and upone the 
commoun Lone of the said burghe quhilk passis southwest fra the said burghe to 
North Esseis and Crufhill." The cautioner was Thomas Mylne, Wricht, burgess of 
Abd. 

30. Wm. Lorimer, burgess of Abd. v. Thomas Fiddes in Litill Arthath. Cautioner 

John Wilguss in Litill Arthath. 

James Ogiluie of Blarak as proprietor of Auchleuchries v. Margaret Craigheid and 
the other tenants of Didweik. "The duffetis " [divots] "cassin by the arrestees." 
Cautioner James Ogiluie of Birness. 

Septr. I. Mr. John Mortimer and Elspet Divie his wife v. Gilbert Gray of Schives and his 

tenants of Cultis. "The faill cassin besyd the myre land syd allegit part and pertinent 
of the lands of Feillitsyde," which lands were said to belong to the female arrester in 
conjunct fee. Cautioner Thomas Meingzes of Cultis. 

2. Robert Roch in Bandein and Duncan Forbes in Kirktoun v. Wm. Maneacht in 
Tilleoch. Cautioner John Forbes of Wester Echt. 

Wm. Forbes of Logic Fintray v. Thomas Johnstoun of Middil Disblair, burgess 
of Abd. "The cornis sawin be him" [Johnstoun] "upone the South syd of the Reid 
burne and [?] Isshohillis." Cautioner Alexr. Litster, burgess of Abd. 

3. Nicoll Ross of Auchlossin v. Alexr. Duncane in Ester Tolmadis. Cautioner 
Arthur, Lord Forbes. 

Gilbert Mengzeis of Petfoddells v. Gabriel Stalker, Mailman, burgess of Abd. 
Cautioner Andrew Rait, burgess of Abd. 

Patrick Maitland at Bartholl Chappill v. Patrick Maitland in Knockleyth. 
Cautioner Malcolme Strathe in Knokleyth. 

5. Gilbert Mengzeis of Petfoddells v. Thomas Fraser in Cultis. Cautioner James Gray, 
apparent of Schewes. 

6. Wm. Watsone of Haddoch v. James Gordoun, apparent of Lesmoir, Alexr. 
Rires in Strathtodlie, James Robertsone in Middilessie, James Smithe in Bilbo and 
Wm. Smithe there. Crop and peats sown and cast "upoun ony pairt of the lands of 
Haddoch propertie or commountie thairof speciallie upone that allegit pairts thairof 
callit the Strathburne Brughfeidill moss Greinnesk and Dybill bray lyand upone the 
southe south-wast and wast pairtis of the saids lands of Haddoch and upone the 
northe pairt of the said towne at that pairt thairof callit the Heuche and Brekla- 
moss." Cautioner Adam Gordoune in Bogholl. ( Vide Supra 29 August. ) 

91 



Aberdeenshire Sheriff Court: 

1606. 

Septr. 6. Loosings of Arrestments. Patrick Cruikschank in Erlisseat v. Wm. Adam- 

sone, sometime in Auchlethin, then in Craigheid of Percok. Cautioner George 
Adamson in Maynis of Sleanis. 

James Forbes of Fechill v. Henry Annand of Orchartoun. Crop stocking, &c. 
which sometime belonged to the late Robert Wode in Auchindarge and which he had 
conveyed to the arrestee before his death. Cautioner John Wode at the Mill of Fintray. 

Gilbert Mengzeis of Petfoddells v. Andrew Kyng, Advocate, burgess of Abd. 
Cautioner John Kyng, burgess of Abd. 

9. Wm. Forbes of Monymusk v. Arthur, Lord Forbes and his tenants of Cowllie. 

" Cornis sawin be the saids tenentis at the eist syid of the Moss of Dillabe callit the 
Quhyt Hillokis." Cautioner John Craigheid in Fiddesbeige. 

10. Marjorie Steuart, daughter of the late Robert Steuart in Ronallache, and John and 
Alexr. Collisone, burgesses of Abd., her Curators v. John Findlatour, sometime in Ard- 
fork, then in Cragie. Cautioner Mr. James Forbes of Woodland. 

11. Gilbert Chalmer of Counleswallis v. James Strachin in Cultis. Cautioner Richard 
Irving, burgess of Abd. 

12. Wm. Stewart in Cowstanes and Margaret Gardyne, his wife v. Henry Smart in 
Cowstanes and Wm. Materis, Wm. Woid and Isobell Malice there. The corn crop 
sown by the arresters within the wood of Garvak. Cautioner Patrick Still in Haltoune 
of Fintray. 

George Leslie of Crichie and Gilbert Hendrie, burgess of Abd. v. James Thomsone. 
Cautioner Archibald Beanes, burgess of Abd. 

Andrew Reid of Collestoun v. Alexr. Lorimer in Knappisleisk. Cautioner John 
Hay, burgess of Abd. 

13. Wm. Leisk of that Ilk v. Alexander Thomsone in Tartie. Cautioner Patrick 
Cruikschank in Erillseatt. 

Wm. Leisk of that Ilk v. Patrick Cruikschank in Erillseit. Cautioner Alexr. 
Cruikschank, brother-in-law to Alexr. Cruikschank, elder, burgess of Abd. 

Wm. Stewart of Cowsteanis v. Wm. Forbes of Logiefintray and his tenants. 
" Cornis sawin be thame upone the wast syid of the Reid burne." Cautioner James 
Hervie of Elrik. 

Andrew Reid of Collestoun v. Alexr. Wilguis in Forvie. Corn crop arrested for 
the rent of the arrestee's occupation of Dubmyres. Cautioner Gilbert Wilguis, Baxter, 
burgess of Abd. 

John Gordoun of Craibistowne v. Henry Forbes of Newhillis and John Robertsone, 
his tenant in Newhillis, alias Capilhill. "The cornis sawin upone the east syid of the 
hill of Bromoun." Cautioner John Forbes, Litster, burgess of Abd. 

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Judicial Enactments: Vol. L, Contents 

1606. 

Septr. 13. Loosings of Arrestments. Magnus Mowat of Buchollie . Alexr. Copland 

of Idoche and Elspet Efflek, his mother. " Cornis fewaill fell and douattis sawin 
schorn castin and win be thame respective upone ony pairt of the Maynis of 
Buchollie the Ubray and Keirthen." Cautioner Wm. Udnie of that Ilk. 

16. George Merchand in Pennieburne v. Wm. Kars in Crichie. This arreslment was 
in security of an alleged debt of 200 merks. Cautioner David Porteous in Frendrauche. 

Arthur, Lord Forbes and his tenants of Cowllie v. Wm. Forbes of Monymusk and 
his tenants of Dillab. The corn sown by the arrestees upon the South-West part of 
the lands of Cowllie "at that pairt callit the Blakhillok," and alleged to belong to the 
tenants of Cowllie. Cautioner Thomas Douglas, burgess of Abd. 

Elspet Effleck, Lady of Idoche as conjunct fiar of Idoche and Greiness v. Magnus 
Mowat of Buchollie. Corns sown and "fewaill, faill and douatts cassin" by the 
arrestee upon the lands of Kearthin and Yewbray. Cautioner James Mowat of 
Smiddiseat. 

17. Wm. Stewart in Cowstanis z>. Henry Smart in Cowstanis, Win. Materis, Wm. 
Woid and Isobell Mallace there. Corns sown within the wood of Garvak. Cautioner 
George Keith, Sadler in Abd. 

1 8. Assault Blood-drawing. The Procurator Fiscal and Thomas Robertsone and 
Alexr. Lorymer v. Andrew Reid of Collistoun, Gilbert Reid his son and apparent heir, 
James Reid in Dubmyir, Patrick Snaill, Andrew Snaill his son, Gilbert Ranie, Patrick 
Barcar and John Pyat. Mr. Patrick Cheyne, burgess of Abd. was cautioner for the 
accuseds' appearance before the Sheriff on 24 September to answer to the charge of 
"hurting wounding and blude drawing dinging and striking " Robertsone and Lorymer, 
and also for loosing arrestment of goods and gear of the whole accused. 

19. Loosings of Arrestments. Wm. Stewart in Cowstanis and Margaret Gairdyne, 
his wife v. Alexr. Sommer and Thomas Bauerlay in Lairshill. Corns sown upon " the 
Southe syid of the Reidburne " claimed by Stewart and his wife. Cautioner Charles 
Robertsone, burgess of Abd. 

20. Patrick Leslie of Kincragie, George Leslie, fiar thereof, Isobell Leslie and Wm. 
Guthrie, portioners thereof v. John Forbes of Tillekirie, George Symsone and 
Elspet Ydill there. Corn sown by the arrestees upon the " Cornefauld and Ouisettis 
of Tilliekirie," alleged to be part and pertinent of Kincragie. Cautioner James Forbes 
of Tillefour. 

Assault Blood-drawing. Janet Robertsone in Pettemuk v. Andrew Craigheid 
in Tillemaid. "Bloid drawing & dinging." Accused to appear on 2 November. 
Cautioner Wm. Lyell in Waterishmure. 

23. Loosing of Arrestment. Alexr. Keith of Carnculter v. James Clark in Ilousa- 

hillis. Cautioner Andrew Clark, burgess of Abd. 

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Aberdeenshire Sheriff Court: 

1606. 

Septr. 25. Acknowledgment of Intimation of Trust. William Forbes of Tulquhone in 

favor of Mr. Walter Donaldsone, son and heir of Alexr. Donaldsone, burgess of Abd. 
Consent by Tolquhone to the registration of an acknowledgment by him that Alexr. 
Burnet elder, burgess of Abd., to whom he had granted a Bond for 2000 merks, had 
intimated that the Bond really belonged to Mr. Walter Donaldsone. 

Octr. 2. Loosings of Arrestments. John Leslie of BaSquhane and Robert and Thomas 

Smith, his tenants in Blairdaff v. Henry, Walter and Wm. Farquhar and James 
Mestowne in Auchorsk. Corn crop on "ane peace of land callit the Gair Boig," 
alleged to be a pertinent of Blairdaff. Cautioner Thomas Murray, burgess of Abd. 

4. John Salbe in Gardyn v. Walter Troupe in Arnieboig. Cautioner Alexander 

Troupe in Murthill. 

7. John Forbes of Petsligo v. James Clark iu Houssahill. Cautioner Sir Alexr. 
P'raser of Philorth. 

8. Robert Burnet, burgess of Abd. v. Andrew Stewin and Wm. Beanis, burgesses in 
Abd. The arrestees were said to have corn in their possession belonging to one 
Andrew Browne in Abd. Cautioner Wm. Seignziour, burgess of Abd. 

9. Lawrence Cheyne v. John Gordoun of Tillielt. Corn sown by the arrestee upon 
the "north wast syd off Braklay Tarves betuixt the myll lands and the [?] Auld burne of 
the New Mylne of Tillielt and upone the north syd of the Moss of Braklay " &c. 
Cautioner James Gordoun, younger of Tillielt. 

17. Alexr. Ross, burgess of Abd. v. John Mikell in Kincardyne. The claim for which 

the arrestment had been used is stated thus : " for the allegit cutting and away taking 
of the said Alexr. Ross his playding delyuerit be him to the said John Mikell and lane 
away as said is throw the said John his^sleuth." Cautioner Alexr. Joffray, Baillie 
and burgess of Abd. 

25. Renunciation and Discharge. Katherine Gordone, widow of Wm. Setoun, 

portioner of Sklaittie, and wife of Patrick Gardyne in Banquhorie in favor of (i) John 
Gordoun of Crabistoune ; (2) Mr. George Setoun, Chancellor of Abd., and Mr. Wm. 
Setoun, his nephew; (3) Alexr., Earl of Dunfermling, Lord Fyvie and great Chancellor 
of Scotland. Mrs. G.irdyne discharged (First) All her rights in the Shadow half of 
Sklaittie, Mill of Sklaittie, Wagleye Croft, Millhill Croft and fishings, &c., in favour of 
Gordoun of Crabistoune (Second) Her rights in the lands of Bathelnie, Auld Mill of 
Bathelnie in favor of Mr. George Setoun and Mr. Wm. Setoun; and (Third) Her rights 
to the third part of Rothybirsben in favor of the Earl of Dunfermling. Her husband 
consented. 

Obligation for Annuity. Mr. Wm. Setoun, son of the late Wm. Setoun of 
Sklaittie, as principal, and Berald or Barrell Innes, Citiner in Auld Abd., as cautioner, 
in favor of Katherine Gordone or Setoun or Gardyne designed in previous entry. As a 
consideration for the foregoing Renunciation and Discharge Wm. Setoun bound himself 
to pay to Mrs. Gardyne 100 Scots per annum for her life, and her husband consented 
that, as regarded the payment of it, his wife was to be held as preposita negotiis and 
her receipts as binding as if granted by him. 

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Judicial Enactments: Vol. L, Contents 

1606. 

Octr. 28. Loosings of Arrestments. John Wardes v. Robert Merser in Auld Abd. and 

Agnes Hervie his wife. Cautioner Andrew Hervie of Elrik, 

John Bruce in Essilmont v. Alexr. Walker in Bischop-Birneis and Agnes Craigheid 
in Dudweik. Cautioner Alexander Hay of Brunthill. 

29. Wm. Davie in Drumrossie v. John Andersone in Chrystis Kirk. Cautioner George 
Leang, burgess of Abd. 

30. Renunciation. Nicolas Kinnaird, wife of John Gordoun of Petlurge, with her 
husband's consent, renounced in favor of Alexr. Gordoun of Cluny, son of the late Sir 
Thomas Gordoun of Cluny, Knight, her liferent right or any other right she might have 
in and to the Maynes of Newtoun of Gerry and others in the parish of Drumblait. 

Novr. I. Renunciation. Dame Helinor Bruce, Ladye Essilmonthe, renounced in favor of 

Sir Walter Ogilwie of Findlater, Knt., her rights to " the salmond fischingis of the Ithan 
betuixt Macher fuird or Macher Lyne on the said waiter and the Soge fuird of Fyvie " 
with the nets, cobles, &c. The lady was to receive as a consideration a sum of 200 
merks per annum for life, for payment of which John Forbes of Petsligo, Mr. Alexr. 
Cullan late Baillie, and Alexr. Jaffray then Baillie of Abd. were to be obligants. 

Bond of Relief. John Forbes of Petsligo in favor of Alexr. Cullen late Baillie, 
and Alexr. Jaffray, Baillie of Abd. The obligation of which Cullen and Jaffray were 
to be relieved was the one for 200 merks per annum to Lady Elinor Bruce referred to 
in the Renunciation by her summarized in the preceding entry. 

3. Reset and Maintenance of a Person Accused of Manslaughter. The 
Crown v. Thomas Elmslie in Newbredy, Wm. Mackrobie and Patrick Sandesone. 
The accused were charged with the alleged "reset and mantanence of George Mack- 
robie committer of the slaughter of umquhill George Duncansone." Cautioner Robert 
Manro, burgess of Abd. 

5. Loosings of Arrestments. Wm. Kyng in Drumbrek v. George Annand in 

Orchartoun. The crop and effects of the late Robert Wode sometime in , 

in the hands of Henry Annand of Orchartoun. Cautioner David Kempt, Baxter, 
burgess of Abd. 

7. John Sollan, servant to Nicoll Ross, Cordoner in Abd. v. George Prenshe, 
Cordoner there. Cautioner Andrew Hendersone, elder, Wobster in Abd. 

8. The Sheriff & John Leith of Edingerauch v. James Wishart in Kinmondy. The 
arrestment had been used in order to secure satisfaction for the alleged " bloid drawing 
of David Glaster, servitor " to John Leith. Cautioner Thomas Bavirlay in Logyfintray. 

10. John Leslie of Petcapill v. Wm. Cow. Cautioner James Gordoun of Brakay. 

95 



Aberdeenshire Sheriff Court: 

1606. 

Novr. 10. Loosings of Arrestments. John Leith, son of the late Patrick Leith of 

Bregtoun v. John Leith, portioner of Premnay. Cautioner, Mr. John Lumisden at the 
Brig of Done. 

Edward, Lord Bruce of Kinloss v. Wm. King in Drumbrek. The claim was for 
the alleged spoliation by King of the teind sheaves of his occupation in Drumbrek. 
Cautioner George Elphinstoun, Sadler in Abd. 

Paull Meingzeis of Kynmondy v. Alexr. Craigheid in Kynmondy. The arrestee 
was said to have been "melling and intrometting with the teynd sheawes" of his 
occupation. Cautioner Andrew Craigheid in Kynmondy. 

Henry Mow tray in Perwinnes v. James Andersone alias Walker in Steaniewoid. 
Mowtray claimed to be donator to the escheat of the arrestee. Cautioner Mr. Duncan 
Forbes in the Lettir of Skein. 

12. Renunciation and Discharge. Janet Gordone, only lawful daughter and child 
of the late Thomas Gordone, sometime apparent of Kennertie and Katherine Gordone, 
his wife, now wife of Arthur Forbes in Engzean. In consideration of 1200 merks paid 
as dot and tocher to her husband with.her by William Gordone of Kennertie, her uncle, 
Janet Gordone renounced all rights to Kennertie and fishings, &c. in Peterculter. Also 
to Braichlay, Balnacragis and Braeroddakis in Glenmuick. Also to the whole 
moveable estate of her father, mother, or John Gordone of Kennertie, her grandfather. 
Arthur Forbes consented. 

Assythment. William and David Umphray, children of the late Patrick Umphray 
in Baikiehill and Helen Differie his widow, in favor of Thomas Meldrum in the Milne 
of Darley. The children with consent of Peter, Bishop of Abd., Mr. James Ross, 
Minister there, and Alexr. Chalmer, Messenger there, acting as their Curators for this 
purpose, and the widow, in consideration of ^40 Scots and a boll and a half of meal 
yearly for four years discharged and forgave Meldrum. This act of Court was to be as 
effectual to Meldrum as a " Letter of Slains." 

Discharge of a Wadset. George Leslie of Crichie in favor of George Leslie of 
Auld Craig. George Leslie of Crichie, as heir of conquest to Mr. Wm. Leslie of 
Warthill, his brother german, was in right of the Multures of Auld Craig, which had 
been disponed by Crichie to Warthill under reversion of 500 merks. In consideration 
of 300 merks now paid in complete payment of the 500, Leslie of Crichie declared the 
subjects to be redeemed and renounced all right to them. 

13. Discharge, Renunciation and Ratification. George Gawyn at the Mill of 
Allathein and Isobell Setoun, his wife, in favor of Wm. Setoun of Eister Disblair. In 
consideration of 800 merks, being the amount of a wadset right constituted on 1 1 Febry. 
J 599> Gawyn declared to be redeemed from him and his wife by Setoun " All and Haill 
the half of the sone half lands of Logyruiff with the pertinentis sumtyme 
occupeit by umquhill Johne Hendersone lyand within the parochines of Logybuchane 
Udnie and Foverane." The act was ratified on oath in the usual way by Gawyn's wife. 

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Judicial Enactments: Vol. L, Contents 



1606. 

Novr. 14. Judicial Obligation. Henry Mutray in Pervinnes as principal, John Leang and 

as cautioners in favor of Alexr. Crafurd of Rethin. The granters bound 
themselves conjunctly and severally to pay 100 marks to Crafurd two days before 
Martinmas 1607, under the penalty mentioned in the entry. 

17. Loosings of Arrestments. John Drum of Rubislaw v. Sarah Keyth, mother of 

George Leslie of that Ilk. Cautioner George Leslie of that Ilk. 

20. Alexr. Cowpland of Idoche v. Wm. Cowpland at the Myll of Idoche. Cautioner 

Magnus Mowat of Buchollie. The allegation was that the arrcstee had intromitted 
with "certane cornis" belonging to the arrester. 

28. John Grey at the Myll of Leisk v. Thomas Duff in Abd. Duff was said to have 
abstracted the mill multures applicable to his occupation of Belskanfie. Cautioner 
Gilbert Hendrie, burgess of Abd. 

29. Assault Blood-drawing. John Falconer, servitor to the Laird of Petodrie v. 
John Mackisoun, Notary Public, son of Alexr. Mackiesoun of Inverurie. Cautioner 
George Leslie of Crichie. 

Deer. i. Loosings of Arrestments. James Findlaw, Wm. Mathiesone and George Harie 

in Lessindrum z>. George Gormak in Lessindrum. The arrestee was said to have been 
" mailing and intromelting with the guids and geir perteining to umquhill Agnes 
Eissat sumtyme in Lessindrum mother to the said George left to be equalie distrabuttit 
amongis his bairnis." Cautioner Wm. Marshell in Garrae. 

6. George Kar of Benvellis v. Gilbert Hendersone in Brunbrey. Hendersone was 

said to have been wrongously intromitting with goods and gear belonging to Kar. 
Cautioner George Keith of Clakreauche. 

16. The Executors of Margaret Gordoun, Lady of Banadallache v . Elspet Gordoun, 

widow of Martin Clerk in Auld Abd. Cautioner Alexr. Gordoun, burgess of Abd. 

19. Renunciation and Declaration of Ownership. Wm. Skeyne, burgess of Abd. 
in favor of Mr. Richard Irving, also burgess there. Skeyne declared that the Sow croft 
and one half of the Bread croft lying in the east Territories of Abd. had for divers years 
belonged to Irving, having been disponed to him by Skeyne and Janet Donaldsone his 
wife. 

22. Loosings of Arrestments. John Anderson, yor. in Chrystis Kirk z 1 . John 
Andersone there. The arrestment was laid on in consequence of the alleged spuilzie 
by the elder man of " certane clathis and aboilziementis. " Cautioner George Lcang, 
burgess of Abd. 

23. John Smith in Pettindrum z>. Walter Greig there. To secure eleven years' duty of 
the Myll croft of Pettindrum. Cautioner James Greig in Pettindrum. 

27. David Murdo in Seytoun v. John Reid, Skinner in Auld Abd. To secure payment 

of the price of a horse belonging to Murdo, which died while in Reid's possession. 
Cautioner Alexr. Lome, burgess of Abd. 

N 97 



Aberdeenshire Sheriff Court: 

1606. 

Deer. 27. Renunciation and Ratification taken on Commission. Elspet Mowat, wife 
of George Crawfurd of Annachie, with consent of her husband, in favor of Magnus 
Mowat of Bolquhollie. Elspet Mowat, as the daughter of Patrick Mowat of 
Bolquhollie, had an infeftment over the Lands of Jakistoune and Yewbrae, in security 
of 3000 merks (presumably her portion). Her renunciation was taken at Turriff on 
commission by Mr. George Hay, Parson of Turriff, and William Ogistowne, Notary 
there, as Sheriff depute and Sheriff Clerk depute, specially appointed by the principal 
Sheriff depute and Sheriff Clerk. The commission is recorded immediately before the 
report. 

1607. 

Jany. 3. Obligation of Relief and Disposition of Movables in Security. John 
Browne in Garthie in Fintray in favor of Thomas Bauerly in Larishill. This most 
interesting entry may be summarised under six heads : (i) Browne's acknowledgment 
that Bauerly had become surety for repayment to Charles Robertsone, burgess of Abd. , 
on Martinmas Eve 1607, of 100 merks, or failing payment then for payment on 
Martinmas day of 40 bolls of "Chereitit meill" at .5 per boll. (2) Browne's Obli- 
gation to relieve Bauerly. (3) For securing this obligation of relief, and in consideration 
of sums of money said to have been formerly received by him from Bauerly, Browne 
stated "that he hes sauld and disponit and be the tennour heirof .... titulo 
oneroso sellis and disponis to " Bauerly " the number of Ten Nolt young and auld " at 
present in his possession on Garthie "viz sax blak oxin hornit ane blak gairit" 
[streaked] " kow hornit ane uther blak hornit kow and tua blak hornit steiris. (4) This 
was followed by a statement that delivery had been made in presence of witnesses upon 
the ground of Browne's farm, notwithstanding of which and upon the narrative that 
Bauerly had " nocht corne nor stray for sustentatioun of the said guids this winter 
seasone " it was agreed (5) that they should be "fed and interteined" upon Browne's 
own place, but without prejudice to Bauerly's right to " mell and intromet" with them 
at pleasure. Finally (6) it was declared that, when the cautionary obligation took end, 
whether by payment to the creditor or to the cautioner, Browne was "to be frie of the 
haill contentis of this present Act" &c. The entry closes with an admonition by the 
Sheriff to both parties to fulfil their bargain under pain of poinding and horning on six 
days' charge. 

Loosings of Arrestments. Wm. Maxwell in Auld Abd. v. Andrew Jojfray 
in Littill Meldrum. For the alleged "melling with certane butter" in the house of 
James Findlaw. Cautioner John Middiltoun, Baxter in Abd. 

7. Agnes Davidsone, lawful daughter of the late John Davidsone in Waster Fintray 
v. Robert Chalmer there. For the alleged non-payment to Agnes of her share of her 
father's estate. Cautioner Charles Chalmer in Waster Fintray. 

8. Thomas Meldrum, burgess of Banff -v. Wm. Abirnethie and James Crukschank in 
Knokleyth. In security of such sums of money as might be found due in actions to be 
raised against the arrestees. Cautioner Alexr. Crukschank, younger, burgess of Abd. 

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Judicial Enactments: Vol. L, Contents 

1607. 

Jany. 8. Commission by principal Sheriff depute and Sheriff Clerk. John Forbes of 
Gask or Patrick Con of Auchrye, as Sheriff depute and Wm. Ogistowne in Turriff or 
Thomas Bruce, both Notaries, as Sheriffs Clerk depute, were appointed by this Com- 
mission, which was dated in Novr. 1606 (i) to take the renunciation of Wm. Gordoun 
in Lestcragie and Janet Con, his wife, of the lands of Lestcragie, Breidgrenis and 
Breidfurd in favor of Magnus Mowat of Buquhollie and Isobel Cheyne his wife. (2) To 
receive the consent of the said Isobel Cheyne to the alienation by her husband, with 
consent of Walter Innes and Janet Gordoun, his wife, of the above lands of Lestcragie, 
&c., and (3) to take the renunciation of Jeane Mowat, Lady of Asloun of the lands of 
Woidendis or of any part of the lands of Buquhollie or of lands in Caithness, to which 
she had got right or title from the late Patrick Mowat of Buquhollie, in favor of the said 
Magnus Mowat. 

Report of Commission. Patrick Con of Auchrye as Sheriff depute and Wm. 
Ogistowne as Sheriff Clerk depute, icported the Renunciation and Ratification by Wm. 
Gordoun of Lestcragie and Janet Con, his wife, which was executed at Balquhollie on 
Deer. 4 1606. 

10. Removing. Henry Matthewsone in Waltoune and John Youngsone there in 

favor of Mr. Duncan Forbes of Balnagask. Each of the granters occupied 8 oxengait 
of the lands of Waltoune belonging to Mr. Forbes, from which they consented to 
remove at Whitsunday next following. 

21. Loosings of Arrestments. Thomas Spens in Boigforthe v. Abraham Milne in 

Peiries Milne. The arrestment was in security of the violent profits of 2 oxengait of 
Peiries Milne callit Incstomack. Cautioner Andrew Thomsone in Peiries milne. 

30. Mr. James Keyth v. James Smyth, Servitor to the Earl Merschell. Corn and 

other grain was arrested for the Abstracted Multures of Mylne of Gavell. Cautioner 
Wm. Jak, Sadler in Abd. 

Feby. 2. Outlawry Sheriff's Claim. John Gordoun in Parkend, Officer to the Marquis 

of Huntly v. John Banerman, sometime in Auchmull. The arrestee is here stated to 
have been decernit fugitive "fra the lawis for airt and pairt of the thifteous steiling fra 
George Gordoun of Coclarachie of ane ox and certan ky for the quhilk Androw 
Moresone pikeman at the Mylne of [?]Daucht was execute." The subjects arrested were 
said to extend to 4 drawing oxen " thairof ane kow " 12 bolls oats in the yard and barne 
and " tua kistis." Peter Barnet in Auchmull was cautioner, and bound himself to 
make these subjects forthcoming to Lord Huntly, into whose hands, as Sheriff, they 
had fallen in consequence of Banerman's outlawry. 

10. Loosing of Arrestment. John Dicky in Deir v. Patrick Turing in Deir. The 

arrestment was in security of 200 merks of alleged indebtedness. Cautioner John 
Andersone in Denis. 

u. Manslaughter. The Crown v. Alexander Wilsone, Chirurgeon in Abd. The 

surgeon was said to have caused the death of Alexr. Reid, son of Mr. William Reid, 
Advocate in Aberdeen, "throche the miscuir of the said Alexr." Thomas Gordoun of 
Grandoun was cautioner that Wilsone should take his trial on 24 Febry., and that his 
goods should be forthcoming to the Sheriff for behoof of the Crown. 

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Aberdeenshire Sheriff Court: 

1607. 

Feby. 14. Loosings of Arrestments. Wm. Chalmer, son of Charles Chalmer in Clunie v. 

the said Charles Chalmer. Arrestment used to secure "the said William of his barnis 
pairt of geir" which was said to be due to him by his father. Cautioner Wm. Dune, 
burgess of Abd. 

Alexr. Fraser of Kindrocht v. Alexr. Myll in Auchrynie. Fraser's claim against 
Alexr. Myll was based upon the latter having been surety to the former for the faithful 
service of his brother, Andrew Myll. Cautioner John Myll, Cowper in Abd. 

25. Isobell Forbes, Lady Balbeignot v. John Spreull in Wastburne. The arrestment 

was to secure the "fermes" of Waslburne. Cautioner John Kinnear, "Chalmerlane to 
my Lord Glames." 

March 4. Alexr. Leslie of Monele v. Alexr. Chalmer in Rothmorak. Whole goods and gear 

and specially 15 bolls of "meill & beir" in the hands of George Crichtone of Bailzes- 
toane. Cautioner Robert Innes of Elrik. 

7- Alexr. Cruden in Kinglasser v. Thomas Birnye in Kinglasser. It was alleged that 

the arrestee had been in violent occupation of a house in Kinglasser since Whitsunday 
1606. Cautioner James Birnye, " Wobster frieman " of Abd. 

12. Wm. Johnstoun in Ewerurie v. George Smyth in Goginglas. Wrongous intro- 

mission with eight oxen and two bolls oats belonging to Johnstoun. Cautioner John 
Erskein of Balhaggartie. 

14. Wm. Richie in Edinbanchory v. John Couttis in Kincraigy. Mr. Arthur Watt, 

Advocate in Abd. was cautioner. As he was a Sheriff depute at the time the entry runs 
" Comperit Mr. Arthur Watt Aduocal in Abd. renounceand his awin jurisdictioun in this 
caice." 

Arthur, Lord P'orbes v. Henry Annand of Orcheartoune. Cautioner David Kempt, 
Baxter, burgess of Abd. 

Patrick Fyuie, alias Wobster in Bethleme v. John Chessour in Artamfurd. Alleged 
spoilation of certain goods gear and silver. Cautioner Ronald Chessour, burgess of Abd. 

18. Janet Gall, daughter of the late Andrew Gall, burgess of Abd. v. James Betoune 

in Wodheid. A money claim. Cautioner James Gordoune in Carnore. 

April 10. John Leith, apparent of Ilarthill v . Patrick Leith in Auldrain. The claim was for 

" certane byerune deweteis." Cautioner Mr. John Lumisden at the Brig of Done. 

1 6. Mr. John Cheyne of Petfichie and George Setoune of Auchinhuiff, as curators of 

Patrick Cheyne son of the late Robt. Cheyne at Myll of Auchry v. Gawand Urquhart 
at Myll of Auchry. The claim was for the alleged " out putting of the said Patrick furth 
of the toune and lands of the Mylltoune of Auchry." Cautioner Thomas Myll, burgess 
of Abd. 

21. John Car at the Myll of Cluny v. Wm. Duncansone in Arsballache. A claim of 400 

merks. Cautioner James Rainy, Tailzeour, burgess of Abd. 

100 



Judicial Enactments: Vol. L, Contents 

1607. 

April 21. Loosings of Arrestments. Sir Patrick Barclay of Towie, Knight v. David 

Andersone in Sigget. " Certane byerune deweteis." Cautioner John Setoune of 
Auchorthie. 

Mr. Wm. Neilsone, Minister at Fintray and Agnes Rait his mother v. Henry 
Annand of Orchertoune and John Woid at the Myll of Fintray. Claim for " certane 
sowmcs of money." Cautioner Wm. Blakhall, burgess of Abd. 

29. Thomas Fraser of Durs [Durris] v. Wm. Tail at the Walkmyll of Dursbellie 

[Uurrisbeltie]. Cautioner Nicoll Ross, Cordiner, burgess of Abd. 

May 8. Win. Gordone of Sauchin v. Agnes Chrystie, wife of Win. Scharp in Sauchin. 

Patrick Scharp the son of Agnes was charged with the " bloid drawing" of Robert 
Meldrum in Sauchin and apparently the laird intervened on behalf of Meldrum. 
Cautioner George Gordone "Stabiller" in Abd. 

Ji. Arthur Forbes in Enzeane v. David Hay in Rowne Lithnet. Hay was said to have 

"resetted" certain goods and gear belonging to Forbes. Cautioner Thomas Hay in 
Abd. 

12. Assault and Mutilation. The Sheriff v. Alexr. Duncane in Torfynis and John 

Lessell in Auchinsley. Caution for the accused's appearance on May 26 for the 
"hurting wounding and mittellatioune" of John Leslie in Kyntor. Also that their 
effects should be forthcoming to the Sheriff. Cautioner Abraham Forbes of Blakloune. 

14. Discharge of Inhibition. Gilbert Scherar, burgess of Abd. in favor of Matthew 
Youngsone, burgess of Abd. Scherar consented that from this date to 2 June 
Youngsone might deal with his effects as freely as if no inhibition had been used 
by him. 

15. Loosings of Arrestments. Isobell Gordoune, lawful daughter of John Gor- 
doune of Newtoune v. James Hervie in Monekebak, Alexr. Young there, James 
Donald, elder, there, James Donald, yr., there, Robert Hervie in EIrik, Alexr. 
Wentone there, and Robert Wischert in Monekebak. The whole goods and gear of 
all the arrestecs. The claim was for "certane byrune deweteis," and Andrew 
Ilervey of Ehik was cautioner. (Vide infra 21 May.) 

21. George Gormak in Lessindrum v. Wm. Mathesone in Sliache. The claim was for 
wrongous intromission by Mathesone with certain goods belonging to Gormak. 
Cautioner George Bisset, burgess of Abd. 

Isobell Gordoune, wife of George Gordoune, apparent of Baldorny v. Robert 
Wischert in Monekebak. In this case Mr. Wm. Moir, burgess of Abd. was cautioner 
and Andrew Ilervye of EIrik joined with Wischert in the obligation to relieve him. 

22. John Michell v. Margaret Riddell, his wife, and Matthew, John and Thomas 
Michell, her children. Cautioner Alexr. Mortymer, burgess of Abd. 

Wm. Stewart v. James Robertsone in Makterry. Cautioner George Meldrum in 
New Myll. 

IOI 



Aberdeenshire Sheriff Court: 

1607. 

May 23. Loosing of Arrestment. Alexr. Meldrum sometime servitor to the Laird of 

Tipperty v. Thomas Cowper in Tairty. Cautioner Thomas Cowper, burgess of Abd. 

25. Renunciation and Discharge. Elspet Rolland wife of John Gordoune in 

Ingzean, with his consent, in favor of Abraham Forbes of Blaktoune. The lands 
redeemed were the sunny half lands of Wester Fowlis in Lochell. Apparently Alexr. 
Gordoune of Beldorny and George Gordoune, Younger of Beldorny, had pledged the 
lands for ^"1000, receiving a letter of reversion from John Gordoune in Ingzean and his 
wife. To the wadset by the Beldornys John Gordoune of Buckie had been a consenter. 
Forbes of Blaktoune now became creditor and as such in right of the lands. 

Renunciation and Discharge. John Dilgardno in Aden in favor of Win. 
Robertsoune in Thundertoune. This discharge was granted in consideration of the 
payment of 1000 merks contained in a Contract of Wadset, over the lands of Ower 
Torterstoune otherwise called Langhill in the Barony of Torterstoune, dated 1 6 January 
1604. Robertsone's wife, Margaret Bruce, had been a consenter to the wadset. 

26. Loosing of Arrestment. Arthur P'orbes, Servitor to the "Gudman of Towie" v. 
George Forbes, Servitor to the Laird of Invermarky. Cautioner John Gordone of 
Letterfure. 

Removing. Wm. Johnstoune in Corshill in favor of John Johnestoune of Corshill. 
John Johnestoune was principal Tacksman of the lands of Corshill, situated in the 
Barony of Johnestoune by annexation. 

Loosings of Arrestments. George Ademsone in Slains v. John Thomsone in 
Newseitt. Cautioner Wm. Morray in Edny. 

Gilbert Meingzes of Petfoddells v. Alexr. Irving of Collairlie, Lawrence Couttis 
there, David Meingzes in Ester Tilbowries, John Myll, Edward Kay and John Kay. 
Gilbert Meingzes of Petfoddells, grandfather of the Gilbert here mentioned, had taken 
proceedings against the late John Irving of Kincowsie for cutting his green wood and 
security for 1000 merks had been found. 500 merks of the 1000 now belonging to 
Alexr. Irwing of Collairlie and the other defenders, but in the hands of Thomas Forbes, 
burgess of Abd., was now arrested for an alleged contravention of the old law surely. 
Cautioner John Irwing now of Kincowsie. 

27. Obligation of Warrandice. Robert Innes of Invermarky in favor of James 
Gordoune of Knokespak. Knokespak had paid 1200 merks for the redemption of the 
fourth part lands of Kirktoune of Clatt to Wm. Leslie, son of the late Mr. Altxr. 
Leslie, parson of Raithes [? Rothes], who was a pupil or minor, receiving a discharge 
from Jeane Hervie, his mother, and James Kynnard, portioner o.t Myddiltoune, her 
second husband. George Gordoune of Terpersie and James Innes of Drenny 
[? Drainie] had bound themselves with Kynnard, to warrant the discharge and redemp- 
tion and to obtain young Leslie's ratification on his coming of age. By this Act of 
Court, which is signed by Knokespak, Invermarky and Kynnard, the laird of Terpersie 
is released, his place being taken by Invermarky. 

IO2 



Judicial Enactments: Vol. L, Contents 



1607. 

May 26. Judicial Ratification. Isabel Vode, wife of George Gordoun of Gicht in favor of 

Mr. Robert Maitland of Auchincreiff. Gordoun and his wife had granted a Bond to 
Mailland for 500 merks. As long as the money was unpaid Maitland was to " bruik 
and joiss " the teind sheaves of Auchincreiff and Skelmane in the parish of Tarves. 

27. Renunciation and Discharge. Isobel Gordoun, "Ladie Brughis," wife of John 

Forbes of Brux in favor of Patrick Con of Auchry. Husband and wife had entered into 
a Contract of Alienation of the lands aftennentioned, in favor of Con on 4 May last by- 
past. The lady in implement now renounced all her rights to the " Schaddow halff 
landis of the barronie of Idoch callit Idoche of Brughis," as fully described in the entry. 

Loosings of Arrestments. Alexr. Leslie, pupil, and Wm., Robert and Andrew 
Leslie, his Tutors v. Robert Merser in Abd. Cautioner Walter Dun of Ratie. General 
arrestment : but specially 1000 merks in the hands of John Leslie of Wardess. 

John Andrew in Ilaltoune of Fintray v. Agnes Davidsone in Disblair. Cautioner 
Charles Chalmer, sometime of Tillekerie. 

James Gordoune, younger of Lesmoir v. James Gordoune in Pronnie. General 
arrestment ; but specially sums belonging to James Gordone in the hands of George 
Gordoune of Terpersie. Cautioner Wm. Gordoune in Myddrumbulge. 

John Irving of Kincowsie v. Gilbert Meingzes of Petfoddells. General arrestment : 
but specially ^3000 in the hands of Robert Gardyne of Waster Tilbowreis. Cautioner 
David Meingzes of Ester Tilbowreis. 

Alexr. Paull, Cordoner v. Alexr. Cowe in Abd. and Isobel Jak, his wife. Cautioner 
George Merser in Old Abd. The claim was for damages for non-entry to a house 
belonging to the female arrestee. 

June 8. James Gariauche of Kilstair v. John Forbes in Lyttill Endovie. Cautioner Andrew 

Forbes, burgess of Abd. 

15. James Crichtoune in Adamstone v. Katherine Paxstone. The arrestee had been 

cautioner to the arrester for one Wm. Dawie. Cautioner John Paxstone in Knokleyth. 

17. James Crichtoune, younger of Frendracht and James Crichtoune, his son v. Thomas 
Fraser in Woidheid. Cautioner Alexander Gordoune of Cormellie. 

18. John Ross of Auchlossin and Nicol Ross, fear of Auchlossin v. Patrick Irving in 
Carnbady. Cautioner Mr. John Strathauchine, parson of Kyncardyne. 

20. Wm. Gordoune of Abirzeldy v. the tenants of Madlar. Peats cast by arrestees 

upon the Hill of Fair. Cautioner Robert Burnet in Robertstone. 

Removing. Arthur Udney in Auchlowne in favor of Wm. Udney, Liferenter, of 
that Ilk. Shadow half town and lands of Auchlowne. 

26. Loosing of Arrestment. Jeane Gordoune, widow of George Gordoune ot 

Crechie and Patrick Gordoune of Carneday, her husband v. James Innes in Chappel- 
toune of Schiues. A claim for arrears of rent. Cautioner George Cruikschank in the 
Mains of Auchterellone. 

103 



Aberdeenshire Sheriff Court: 

1607. 

July I. Loosings of Arrestments. Robert, Commendator of Monymusk ?'. Gilbert 

Browne in Camphell. Cautioner John Forbes of Campbell. Claim for arrears of rent. 

2. The Crown v. Mr. John Reid in Collestoun. Wm. Straquhyne of Tibbertie was 

surety for Reid that he should appear on July 14 and underly the law for the charges 
contained in the precept on which he had been summoned, and also that his subjects 
arrested should be forthcoming. 

Francis, Earl of Erroll i<. \Vm. Straquhyne of Tibbertie. Cautioner Andrew 
Straquhyne of Ardoch. 

4. Arthur, Lord Forbes v. George Gordoune of Coclarachy. " Peittis cassin be him 

within the bounds of Towy." Cautioner James Ogilvie of Blerak. 

14. Robert Innes of Elrik v. George Kyd in Coinzeik. Special arrestment of 7 bolls 

and I peck of meal in hands of Alexr. Pettindreich in Mekill Elrik. Cautioner Alexr. 
Mesone, Servitor to the Laird Drum. 

6. Witchcraft. The Crown v. Janet Patersone, wife of John Telly in Kemnay. 

John Walker in Kemnay was cautioner that Telly should enter his wife on July 1 6 to 
be tried for " the allegit witcheing of umquhill John Forbes of Lethinty " and also that 
the goods of both husband and wife should be forthcoming. 

Caution to Appear. John Walker in Hiltoune and John Touche, burgess of Abd. 
v. David Creak in Burngrains. Walker and Touche claimed a horse which was in 
Creak's possession. Andrew Straquhyne of Ardoch was cautioner for Creak's 
appearance in Court on July 14, then and there to produce witnesses to prove that the 
horse was his or to produce the person who warranted the animal to him. 

14. Loosings of Arrestments. Arthur, Lord Forbes v. Hew Gordoune in Smithis- 

toune. Peats cast in the Moss of Tailzeauch. Cautioner George Chalmer in Noith. 

16. George, Earl Mcrshell ?'. Elspet Meirnis, widow of George Keyth in Kindrocht 
and her children. Cautioner Joseph Keyth in Auchtielair. Arrears of rent claimed. 

Wm. Forbes of Logy and Lucretia Hervie, his wife v. Wm. Bauerly in Boigholl. 
What was arrested was cloth in the hands of Gawand Gumming, Wobster. Cautioner 
Adam Gordoune in [ ? of ] Boigholl. 

17. Wm. Keyth at Myntlaw ;:. Thomas Forbes in Auchtidonald. " Peittis fewell feals 
and douat cassin and houssis and yards bigit be him " [Forbes] "upone the loning of 
Myntlaw." Cautioner John Keyth sometime in Auchlie, then in Peterheid. 

John Leslie of Petcapill and John Lesly at Auld Mill of Cremond z>. John Ydill 
there. Peats &c. within the bounds of Auld Mill of Cremond. Cautioner Robert 
Johnestoune of Cremond. 

1 8. Alexr. Irving of Lenturk v. Patrick Leslie of Kyncragy. Peats &c. within the 
bounds of Tillemair. Cautioner Gilbert Leslie, burgess of Abd. 

104 



Judicial Enactments: VoL L, Contents 



1607. 

July 25. Loosings of Arrestments. Marjorie Stewart, daughter of the late James Stewart 

in Ranalachie, and John & Walter Collison, burgess of Abd. her curators v. John 
Findlater, sometime in Ardfork, then in Cragy. Mr. Walter Forbes of Auchmaledy 
was cautioner, and undertook to relieve his brother german, Mr. James Forbes, of a 
similar Act of Caution formerly undertaken by him. 

George Gordoune of Coclarachy v. Tenants of Towie of Clatt &c. Peats &c. in 
the Moss of Taillacht. Cautioner James Forbes of Lethinty. 

28. Conveyance of Furniture in Payment of Rent. John Leslie, elder, burgess of 
Abd. in favor of John Touche, burgess of Abd. On the narrative that he was due ^40 
to Touche for the rent of a tenement of foreland on the west side of the Gallowgate, 
Leslie sold and disponed to him certain of the plenishing of the house, from which he 
and his wife were to remove before Martinmas, delivering up the keys and leaving the 
furniture sold in the house. 

Loosings of Arrestments. Alexr. Leslie, younger of Monely v. Alexr. Chalmer 
of Rothmorak. Cautioner Robert Innes of Elrik. 

30. Alexr. Gordoun of Swailend v. Wm. Thomsone and others, indwellers in Logy- 

fintray. Cautioner Wm. Forbes of Logic fintray. Peats in the Moss of Beildie Moss. 

Augt. 3. George Kar of Benvells v. Alexr. Dauidsone in Perkhous. Cautioner Gilbert 

Dauidsone in Inverquhomrie. Peats in the Moss of Benvells. 

Thomas Meingzes of Cultis i 1 . John Wallace, Alexr. Smyth and James Irving in 
Peillitsyde. Cautioner Mr. John Mortimer, burgess of Abd. Peats in the lands of 
Cultis. 

5. Elspet Auchinlek, liferentrix of Buchomiachy v. Magnus Mowat of Bucholly. 

Cautioner Thomas Mowat in [?] Okingell. Peats in the Hill of Buchomiachy. 

8. Alexr. Troupe v. Robert Thomsone at the Myll of Ord. Cautioner Alexr. 

Brabner in Abd. " The cornis and lynt sawin be him " [Thomsone] upon that part of 
Murthill said to be let to Alexr. Galloway. 

10. Mr. Walter Forbes of Auchrydie i<. James Keith of Atherb. Cautioner Alexr. 

Keith of Auldtoun of Atherb. Crop and peats sown and cast upon the town and lands 
of Bethleame, specially in the part called Schandismoss. 

14. Lawborrows. Alexr. Galloway, elder in Murthill, and Thomas and Alexr. 
Galloway, his sons v. Robert Thomsone at the Mill of Ord and Robert Thomsone, his 
son. Cautioner Baillie Alexander Jaffray. 

15. Loosings of Arrestments. Adam Gordoune, son of James Gordoune of Tille- 
angus v. Isobel Reid, widow of Wm. Leith in Mylhill. Cautioner \Vm. Mernis in 
Foulslie. Claim for Breach of Contract. 

Andrew Home v. Robert Irving at the Brig of Done. Cautioner Alexr. Brabner, 
burgess of Abd. The amount of the alleged debt was 8. 

ICK 



Aberdeenshire Sheriff Court: 

1607. 

Augt. 22. Loosings of Arrestments. George Crafurd of Annachy z>. Christian Pire, widow 

of Alexr. Gordoune in Annachy, and her children. Cautioner Wm. Gordoune, burgess 
of Abd. Claim for arrears of rent. 

25. Thomas Gordoune at the Mill of Dess v. Alexr. Duncan in Blelak and James 
Stevin in Uartill. Cautioner John Gordoune of Quhyit Stain. Claim for intromission 
with the effects of Robert Gray in Auchinhuiff. 

26. Janet Pettyndreich, widow of Gilbert Chalmer of Auchquhorthy, and George 
Chalmer, her son v. Alexr. Chalmer in Freddyhill. Cautioner Robert Keyth of Auld- 
maid. Claim for wrongous intromission. 

29. James Forbes of Lethinty v. Patrick Annand in Fechill. Cautioner Andrew 

Williamsone, Wobster, burgess of Abd. Peats within the bounds of Fechill. 

Martin Howiesone, burgess of Abd., and Margaret Holland, wife of James Sctoun 
of Petmedden, and her husband v. Wm. Irving of Murthill and Stephen Blair, his 
tenant of Bingzell. Cautioner James Gihuiff in Aulclfauld of Murthill. Crop and peats 
&c. sown and cast on the lands of Bingzell : but which were claimed as belonging to 
Glasterberrie. 

Lawborrows. Robert Thomsone at the Mill of Ord and his son v. Alexander 
Galloway, elder, in Murthill and his son. Cautioner Thomas Myll, burgess of Abd. 
(Vide Supra 14 August.) 

Loosings of Arrestments. Robert Gray, burgess of Abd. v. John Walker in 

Ruddrestoune. Cautioner Gilbert Blak, Couper burgess of Abd. A barrel of fish in 

Walker's barn said to belong to him and his neighbours, bnt alleged by Gray to 
belong to his debtor George Moresone, burgess of Abd. 

31. Thomas Kellie, Baxter, burgess of Abd. v. Gilbert Wilguis, Baxter, burgess of Abd. 

Cautioner Duncan Galloway, Baxter, burgess of Abd. 

Septr. I. Alexr. Dicky in Skelmure and Agnes Gray, his wife v. George Gray in Monlety. 

Cautioner Mr. Robert Maitland of Monlety. ^40 claimed. 

5. Janet Pettindreich and George Chalmer, her son v. Andrew Chalmer in Lytill 

Aucheoch. Cautioner James Irving of Aucheoch. 

Wm. Watsone in Dubfeord v. Thomas Myll in Dubfeord. Cautioner Andrew 
Myll in Haltoun of Balheluy. 

II. George, Earl Marshell v. Peter Hay in Fechill. Cautioner Andrew Hay at the 

Ower Myll of Cruden. Claim for Teind Silver and Feuduties. 

Robert Thomesone at the Myll of Ord v. Alexr. Galloway in Murthill. Cautioner 
Thomas Mylne, burgess of Abd. 

Isobel Chalmer, widow of James Ross v. Andrew Paul!, burgess of Abd. Cautioner 
James Rany, Tailzeour in Abd. Spoliation of a plaid, &c. 



Judicial Enactments: Vol. L, Contents 

1607. 

Septr. 11. Loosings of Arrestments. Robert, Commendator of Monymusk v. Gilbert 

Browne in Campbell. Cautioner John Forbes of Campbell. 

16. Inhabitants and Citinars of Auld Abd. v. Adam Smithe in Calsie Croft of Scottis- 

toun. Cautioner Mr. Wm. Moir, burgess of Abd. " Faill dowat or failzie cassin win 
or to be wyn be him this instant yeir upone the bounds of the saids lands of ScottUtoun 
with the pertinents." 

Discharge of Decrees. James Forbes of Lethintie in favor of George Banerman 
of Wattertoun as Tutor of Edward Bruce. In consideration of ,216 6s. 8d. Forbes 
discharged and delivered up (i) Decree of the Sheriff Court dated 31 May 1606 for the 
violent profits of 12 oxengait of the Middillthird lands of Fechill and horning following 
thereon dated 18 August 1607, and (2) Decree for the rents of these lands and Proctors 
Croft dated July and horning dated 18 August 1607. 

Bond and Discharge thereof. George Banerman of Wattertoun as principal 
with Mr. Wm. Reid and Wm. Logye, burgesses of Abd., as cautioners in favour of 
James Forbes of Fechill. The sum acknowledged was the above sum of ^216 6s. 8d., 
but the Bond was for ^472, providing that if the sum first named was paid six days 
before Martinmas, the Band would be discharged. This was done, and the Discharge 
is written and signed on the margin, "J. Forbes of Lethintie," and witnessed by 
" Patrik Forbes fier of Lethintie." 

1 8. Loosings of Arrestments. John Alshoner in Kynermeit v. John Wat in Boigis. 

Cautioner Alexr. Urquhart of Caildwallis. 18 bolls of victual was claimed from Wat for 
his occupation of six oxengait of Kynermeit. 

John Forbes of Echt v. Alexr. Straquhan sometime in Drumbrek. Cautioner 
Nicol Irving at the Woid Myll of Drum. 

26. John Leyth and Adam Gordon, Portioners of Boighol v. James llervie, George 

Tendell and George Forbes in Kynmondy. Cautioner James Meingzes, burgess of 
Abd. " Cornis sawin be thame upone the Hill of Drumagar and Gurlamoss pairt 
and pertinent of Kynmondy." 

Patrick Leslie, burgess of Abd. v. Alexr. Smyth, burgess of Abd. Cautioner 
Gilbert Leslie, burgess of Abd. Claim for wrongous intromission. 

James, Earl of Morray v. Wm. Forbes of Logy. Cautioner Gilbert Johnstone of 
Owertoune. "The cornis beir and attis sawin" by Forbes on the part of Logy called 
the Reid burne. 

29. Gilbert Meingzes of Petfoddells v. Thomas Kelly, Baxter, burgess of Abd. 

Cautioner Archibald Watsone, burgess of Abd. Claim for rent. 

Octr. I. Patrick [?] Manwan in Coltstan v. Alexr. Lyon. Cautioner Wm. Straquhan of 

Glciikyndy. 

107 



Aberdeenshire Sheriff Court: 

1607. 

Octr. 5. Loosings of Arrestments. Thomas Dampster of Auchterless v. Wm. Dampster 

in Logyaltoune. Cautioner George Dampster of Halsiewalls. Claim for arrears of rent. 

6. Wm. Forbes in Auchorsk v. David Anclersone in Tartowy. Cautioner Mr. Gilbert 

Keyth in Auchorsk. 

16. Revocation. Agnes Straichauchin, widow of John Gordone, sometime of Bracka. 

On the statement that "for fair and dredour of hir lyve" she had been compelled to 
part with provisions made for her by the advice of her friends before her marriage, and 
in particular with her rights as conjunct fiar or liferentrix of the lands of Middiltoun in 
the Barony of Cnokinblewis and parish of " Inrurie," s>he revoked all consents or renun- 
ciations made by her while under coverture. 

27. Assault Blood-drawing. The Crown v. Alexander Lyoune in Hilbrey. 
Cautioner John Leslie in Auldmyll. 

28. Caution to Appear. The Crown v. William Duvidsone in Comoumnure. Alcxr. 
Andersone in Bethleme was cautioner that the accused should appear on Octr. 31 to 
answer for " the crymes allegit committed be him ample set doune in the sumoundis 
quhairwith the said William is chargit." 

29. Assault Blood-drawing. The Crown v. Alexr. Hall in Ardnedly. Cautioner 
Wm. Farquhar in Ranistane. The accused was charged with wounding and blood- 
drawing of Wm. Merser in Wombillhillis. 

Assault Blood-drawing. The Crown v. Wm. Farquhar in Ranistane and Win. 
Relhy in Inver. John Merser, Sadler, burgess of Abd., and Andrew Henderson, elder, 
burgess of Abd., were respectively cautioners. Also charged with a similar assault on 
Wm. Merser. 

Novr. 3. Loosing of Arrestment. John Andersone at the Myll of Inverlachy v. Arthur 

Robertsone in Cremondgorthe. Cautioner Andrew Nesbit at the Kirk of Crimond. 

9. Reset of Theft. The Crown v. John Straquhyne in Banishill and Thomas his 

son. Cautioner John Carny, burgess of Abd. The charge was "for the allegit resset 
of certan guids & geir thifteouslie stowin and for infang & outfang " as in the copy sum- 
mons served on them. 

13. Renunciation. Marjorie Gordon, wife of Alexr. Tullidaff, sometime of Ranes- 
toune but then in Abd., with consent of her husband, in favor of George Gordoun, fiar 
of Meithlik. Her conjunct fee, liferent or other rights to " Twa pleuchis of the toune 
and lands of Archeidly, mylle of Archeidlie . . . and North seit of the same" in 
the parish of Methlik. 

14. Loosings of Arrestments. George Dampster of Halsiewalls v. Robert Schand 
in Ardley. Cautioner John Kynnier, burgess of Abd. 

25. Patrick Mortymer v. James Brabner in Muklesbrigis. Cautioner James Mortymer, 

fear of Cragivar. 

108 



Judicial Enactments: Vol. L, Contents 

1607. 

Deer. 5. Loosings of Arrestments. John Forbes of v. Patrick MacWill. Cautioner 

James Gordoun of Pranny. 

Margaret Innes, widow of John Fraser of Creichie and James Keyth, her husband, 
also Richard Robertsone in Creichie v. James Ligertwode there. Cautioner George 
Craufurde of Annoquhie. The first named Pursuers claimed " byrune dewateis," while 
Robertsone's claim was for the alleged "slauchter of ane sow." 

9. Assault Blood-drawing. William Lesly in Logidurnay v. Patrick Hay in the 

Bush Myll. Cautioner John Erskein of Balhaggerty. 

31. Loosing of Arrestment. Andrew Ilervie, son of Andrew Hervie of Elrik v. 

David Keliie, father of Andrew Kellie, burgess of Abd. Cautioner Andrew Kellie, the 
son. Claim for arrears of rent. 

1608. 

Jany. 9. Witchcraft. The Crown v. Janet Follay, wife of Alexr. Myll at the Nether Myll 

of Kyntor and Janet Salbe, widow of John Ross, also at Nether Myll. Cautioner 
Alexr. Hervie in Kyntor. No particulars of the charges are given. 

12. Loosings of Arrestments. Alexr. Hunter in Cragtoune of Kyncardyne v. John 
Hunter, portioner of Tilhaky, and Robert Downy at the Myll of Midbelty. Cautioner 
Mr. Alexr. Chalmer, Notary Public. " Ane stack of aitlis estimat to twanty bolls." 

13. Andrew Smithe in Fynnersy v. Andrew Marteyne in Echt. Cautioner David Adie, 
burgess of Abd. Money claim. 

15. Witchcraft. The Crown v. Margaret Abill, mother of William Frost in Ilalforest. 

Cautioners Alexander Thomsone in Halforest and Frost, the son of the accused. 

28. Loosings of Arrestments. John Forbes of Petsligo v. William Cuik in 

Uriaell and Robert Rob in Pethill. Cautioner Sir Alexr. Fraser of Fraserburgh, 
Knight. " The cornis, beir and aittis presently standand in the corne yard of William 
Cuik." 

Feby. 6. John Andersone at the Myll of Inverallochy v. Magnus Smith in Denend of Kin- 

drocht. Cautioner Alexr. Fraser, brother german to Fraser of Tcchmurie. 

Jany. 26. Manslaughter. The Crown v. Duncan Elmslie in Rothhill. Henry Robertson, 

(Out of Cordoner in Abd. was cautioner that Elmslie should appear on Feby. 12 to be tried for 
date.) the slaughter of John Smart. 

9. Loosing of Arrestment. Thomas Maitland in Monleyth v. John Crychtoune in 

Comistie. Cautioner Alexander Fordyce. 

10. Renunciation. Isobel Paip, wife of George Cruikshank in Maynis of Ochterellone 

in favor of Henry Annand of Orchartoun. All her rights to the fifth part of the lands 
of Taartie, in the Barony of Slains, and also to Mekill Mill of Essilmount in the Barony 
of Essilmount. 

109 



Aberdeenshire Sheriff Court: 

1608. 

Feby. n. Loosing of Arrestment. Wm. Irving of Murthill v. William Spark in Newtoun 

of Murthill. Cautioner William Gairdyne, Skynner, burgess of Abd. Claim for rent. 

15. Revocation of Deeds Granted in Minority. Alexander Keyth, apparent of 
Pettindrum. Besides the general revocation there is specially mentioned a bond for 
300 merks of dot and tocher, promised with Girsall Keyth, his sister, to George Mowat, 
her husband, and failing him, to Andrew Mowat, his father, and failing him, to Magnus 
Mowat of Buquhollie. From the general revocation is excepted a lease of Hardie Oyk- 
horne in Aberdour, granted to Robert Keyth, his uncle. 

20. Loosings of Arrestments. Lilias Crafurd, widow of Robert Innes of Elrik v. 

John Innes of Elrik, Alexr. Pettindreich in Elrik and William and James Pettindreich, 
his sons. Cautioner John Fergussone in Meikil Elrik. 

James Forbes of Lethintie v. the representatives of the late Thomas Smith in 
Auchnacantye. Cautioner Andrew Jaffray in Cultercullen. The claim is stated to be 
"for the allegit nocht delyuering to him of ane heriall [herezeld]." 

28. Alexr. Hunter in Cragtoune v. John Oig in Waster Kyncardyne. Cautioner 

Robert Carnegy of Kirktoune of Abyne. The claim is stated as "the allegit spoli- 
atioune of ane wadder and twa geiss." 

March I. Wm. Maxwell in Auld Abd. v. Gilbert Dowie in Auld Abd. Cautioner James 

Cuming, citiner in Auld Abd. ,$ claimed. 

4. Edward, Lord Bruce v. George Gawane and Alexr. Ogilbie in Allathene. 

Cautioner David Simson, burgess of Abd. The claim was for wrongous intromission 
with the teind sheaves of their occupations on Allathene. 

II. Robert, Commendalor of Monymusk v. John Mortymer of Cragiver. Cautioner 

Patrick Mortymer, son of the said John Mortymer. The claim was for wrongous intro- 
mission with teind sheaves in 1605, 1606, and 1607. 

Walter Grant of Tillebo v. Robert Dauidsone in Quhitrashis. Cautioner Alexr. 
Dauidsone, servitor to the Earl of Erroll. The claim was for the alleged spoliation of 
"certane cornis." 

16. Lawborrows. Nicoll Froster v. Thomas Glenny in Banishill. Cautioner Gilbert 
Andersone, burgess of Abd. 

17. Removing. Mr. Alexr. Youngsone, parson of Durris, in favour of Mr. Alexr. 
Irving, Advocate in Abd. Mr. Youngsone consented to remove from the " Waster 
pleuche of the Kirktoun of Durris," but reserving his possession of the "gleib and 
manss." The subjects being in Kincardineshire, Mr. Youngsone consented to the juris- 
diction of (he Sheriff of Aberdeenshire. 

1 8. Loosing of Arrestment. James Crichtone of Frendraucht v. Symone Galloway 
in Auchintinder. Cautioner George Gordone in Polquhyt. Claim for past due rent. 

no 



Judicial Enactments : Vol. L, Contents 



1608. 

March 26. Loosing of Arrestment. William Blakhall, Maltman in Abd. v. Gilbert Smith 

in Gregisardocht. Cautioner Andrew Straquhan of Ardocht. Claim for the alleged 
spoliation of certain "guids, geir, ky, scheip, cair," and others. 

Mutilation. John Leslie, elder, burgess of Abd. v. David Craig, Tailzeour in 
Abd. Cautioner Alexr. Blair, burgess of Abd. Craig was charged with depriving 
Leslie of a ringer. 

29. Loosing of Arrestment. Mr. John Leith, Advocate in Abd. and Katherine 
Gardyn, his wife v. Margaret Ronaldsone in Kynmondy. Cautioner Gilbert Ronalcl- 
sone in Waster Carney. This was a money claim. 

30. Assault Blood-drawing-. The Crown v. John Fowler in Owershell [ ? Ower 
Sheill]. Cautioner William Gordone, Baxter, burgess of Abd. Fowler was charged 
with the "bloid drawing" of Andrew Johnstoune in Sheill. 

Apl. 7. Loosing of Arrestment. William Blakhall, Maltman in Abd. v. Duncan Bane 

in Myddill Ardocht. Cautioner Andrew Strachaichin of Ardocht. The claim was for 
spoliation or at least wrongous intromission by Bane with certain property sometime 
belonging to John Petre " alis Capten of Cowly " and then to Blakhall. 

9. Wrongous Intromission, &c. The Crown v. John Kilruiff in Carntradleane. 

Cautioner Alexr. Howet, Wobster, burgess of Abd. Kilruiff was said to have wrong- 
ously intromitted "with tua scheip quhilk was takin away be Robert Moir in Kemney 
& his compleces fra James Kilruiff in Tofthillis" for which and for " ony crime that be 
leid to his charge thairanent" he was to appear before the Sherriff. 

15. Loosings of Arrestments. Janet Fynne, wife of Win. Fraser in Nather Mure 

v. Wm. Fraser, her husband. Cautioner James Torrie occupier of eight oxengait of 
Denheid of Kneawin. The arrestment here was of Fraser's "haill guids geir hydis 
saltis ky and utheris guids & geir " and was said to have been used " for the allegit way- 
putting and leawing the said Janet, beir woman & intending to pas furth of the cuntray." 

21. James Crichtone of Frendracht and James Crichtone, younger v. Thomas Fraser in 
Wodheid. Cautioner Alexr. Gordone of Cormellit. The claim is thus stated : "the 
allegit lattin be the said Thomas of his occupatione of ane pairt of the Mains of 
Frendracht ly west." 

25. James Keyth and Margaret Innes, " gudwyff of Crechy " v. Andrew Fettes in 

Meikil Crechy. Cautioner George Keyth of Clackreauch. Claim for past due rent. 

22. John Erskene of Bagerty and Win. Andersone in Conglass v. Alexr. Stewart in 
(Out of Bahaggerty. Cautioner George Lewingstone of Cauldhame. Claim for abstracted 

date). multures from Mill of Enramsay. 

27. Removing. James Forbes in Sonhonny in favour of Wm. Woid, Fear of Colpney. 

The lands from which Forbes agreed to remove are described as " the sone thrie pairt 
lands of Mekill Fynerseis," in the parish of Echt. 

Ill 



Aberdeenshire Sheriff Court : 

1608. 

April 30. Obligation for Rent and Removing. Ronald Cheyne in Peddersmyll and 

George Cheyne in Hiltone of Auchterellone, his son, in favor of John Chalmer of 
Balbithane for himself and for behoof of Wm. Chalmer, his nephew. The subjects 
occupied by the Cheynes, and from which they consented to remove fourteen days after 
Whitsunday, were the third part of the shadow half of Wester Disblair in the parish of 
Fintray. One of the obligations was that the tenants should carry the victual from the 
new place of Balbithan to the ports of Aberdeen or Newburgh at their own expense, 
and the prices at which the victual, linen, wedders, capons &c. were to be converted 
into money are given. 

May 4. Loosings of Arrestments. Henry Smart in Kowstanis v. John Richman, son 

of the late Duncan Richman in Kyntore. Cautioner Mr. Robert Paip, Advocate in 
Abd. Non performance of a contract was alleged. 

7. Andrew Paull, burgess of Abd. v. Wm. Ferguss in the Holl. Cautioner Wm. 

Jamesone in Culter. 

Harie Gordone of Dilspro v. Patrick Ray in Gowill. Cautioner John Chalmer of 
Balbithane. Rent of eight oxengait of the lands of Gowill. 

14. Gilbert Gray of Schiwes v. Andrew Sangster in Auldtonleyis. Cautioners James 

Birney in Tarves and John Dowerty, Merchand in Aucheredey. Gray's claim was for 
the alleged demolishing of "sum bigingis standang upone the toft of the saids lands of 
Auldtonleyis. " 

Removing and Discharge. James Johnstone in Bandeuthe and Gilbert John- 
stone in Murtoune in favor of Thomas Fraser, brother german of Andrew Fraser of 
Stainiewoid. The obligation was to remove from the lands of Lytill Kynaddy in the 
parish of Dyce. The Johnstones had a lease from James Keyth of Auchquhorsk, which 
he had assigned to Fraser, who, as a condition of their removal, discharged the tenants 
of rents. 

Loosings of Arrestments. John Richman v. Henry Smart in Kowstainis. 
Cautioner Stewin Macky. Claim for non-fulfilment of a contract. ( Vide Supra 4 May). 

16. Margaret and Bessie Sherar, lawful children of the late Wm. Sherar in the Mill of 

Mekill Wardes and their tutors and curators v. Margaret Watt at the Mill of Mekil 
Warcles, and Alexr. Garden, her husband. Cautioner Andrew Sangster in Fiddes. 
The arrestees were charged with wrongly intromitting with property belonging to the 
children. 

John Gordone in Ingzean t f . Arthur, Lord Forbes. Cautioner James Forbes of 
Lethintie. The arrestment was used for " allegit warrandice of certane multeris 
extending in walor & pryce of ane hundreth & saxteen punds or thairby allegit abstractit 
fra the said Johnis Myll of Ingzean, allegit to ha we bene warrandit be the said Lord." 

Renunciation and Discharge. Agnes Deuket, widow of Mr. Robert Gardyn of 
Bellamoir and wife of David Michell in Abd., in favor of John Gardyn, her eldest son. 
The lady renounced all her claim to 1000 merks, due by James Gordone of Knokespek. 

112 



Judicial Enactments : Vol. L, Contents 

1608. 

May 17. Judicial Ratification. Janet Leslie, wife of Andrew Leslie of New Leslie, in 
favor of Micheall Leang at the Myll of Auchmair. Andrew Leslie had granted a 
wadset to Leang of the lands of Boigis of Leslie, which his wife, by this act of court, 
ratified. 

Discharge and Ratification. James Troup at the Myll of Straloch and Agnes 
Keyth, his wife, in favor of Alexander Gordone of Cluny. In consideration of a pay- 
ment of 900 merks, the lands of Quhytrashis were declared to be redeemed. 

Renunciation and Discharge. Marjory Leith, wife of George Leslie then in 
Inverie [? Inverurie] and the said George Leslie in favor of John Leslie of Wardes. 
Redemption of Auld Glanderstone and Vreis on payment of ^1000. 

Cautionary Obligation. Wm. Cheyne in Esslmonthe in favor of John Chalmer 
of Balbithan. Wm. Cheyne bound himself as cautioner for Ronald and George Cheyne, 
for fulfilment of their obligations contained in the Act of Court of date 30 April. 
(Supra p. 112.) 

18. Judicial Ratification. Margaret Cheyne, wife of Alexr. Annand of Ochterellon. 
This was the ratification of a wadset of the lands of Cuikstoun, in Ellon, for 40x5 merks, 
to Archibald Beanis for himself and Cristiane Annand, his wife in conjunct fee, &c. 

Renunciation and Discharge. Thomas Spens of Peireismill in favor of James 
Gordone of Lesmoir. This was a renunciation of all Spens' title to the lar.ds of 
Peireismyll, Ailhouss Croft thereof, &c., by virtue of rights conferred on him by the 
late Sir John Gordone of Petlurge, knight, or Alexr. Gordone of Cluny, who had come 
in Sir John's place as assignee. Certain reservations were made. 

Loosings of Arrestments. John Forbes of Camphell v. James Walker in 
Campbell. Claim for past due rent. Cautioner Alexr. Farquhar in Northham. 

19. James Walker in Peterheid ?'. Micheall Joffray in Kyndrocht. Cautioner George 
Tailzeour in Carnichell. Claim for demolishing buildings on Kyndrocht. 

23. Personal Obligation. Wm. Blakhall, Maltman in Abd., in favor of Jean King, 

lawful daughter of the late James King, burgess of Abd. Blakhall acknowledged that 
he was due 50 merks to Jean King, which he bound himself to pay to Christeane John- 
stone, widow of James King and mother of Jean, for her behoof before Martinmas. 

Personal Obligation. James Muresone in Rothnathy as principal, and John 
Muresone there and Archibald Greig in Fraserburgh, with consent of Mr. Samuel Keith 
in Conzeik in favor of James Donaldsone, burgess of Abd. Keith was proprietor of 
Tilletuthill and James Muresone was tenant. In consideration of indebtedness by Keith 
to Donaldsone, and with the consent of the former, the tenant bound himself to pay 
his rent for 1608-9 and 10 to Donaldsone. The proprietor granted a discharge to the 
tenant of the rent, which is fully detailed in the entry, while there was the usual clause 
of relief by the principal obligant to the cautioneis. 



Aberdeenshire Sheriff Court: 

1608. 

June 8. Loosings of Arrestments. Wm. Irving of Eister Beltie v. Abraham Forbes of 

Blacktoune. Cautioner Alexr. Irving, apparent of Waster Beltie. Peats, &c., in the 
moss called Mossmad. 

James Crichton of Auchilgowill ?'. Wm. Jameson. Cautioner George Chalmer of 
Nothe. 

May 23. Incest. The Crown v. James Kelly in Toriglathe [? Torryleith]. George Leslie 

(Out of of Crechy was cautioner for the accused's appearance on 8 June, 
date.) 

June 2. Loosings of Arrestments. James Ogilvy of Blerok v. James Ogilvy of Birnes. 

Cautioner Provost Alexr. Rutherfurd. Peats, &c., upon the Hill of Dudvick. 

6. Wm. Setoun of Disblair v. Alexr. Portar in Cowstanes. Cautioner Wm. Materis 

in Cowstanes. 

May 24. Personal Obligation. James Muresone in Rothnathy, John Muresone there and 

Archibald Greig in Fraserburgh in favor of James Donaldsone, burgess of Abd. This 
was a conjunct and several obligation by way of judicial act for 96 of borrowed money : 
but the clause of relief contained in it shows that James Muresone was the borrower and 
real debtor. (Supra, p. 113.) 

June 16. Loosings of Arrestments. Thomas Craigheid in Kymondy v. James Hervie of 

Elrik. Cautioner Robert Merser, Citiner in Auld Abd. The cause of the arrestment 
was the alleged spoliation by Hervie of a black ox belonging to Craigheid. 

The Sheriff v. Wm. Thomsone in Manecht. Cautioner John Irwing of Kincowsic. 
The Sheriff was here seeking to secure payment of " ane allegit bluidwiet." 

20. Mr. Wm. Gordoune of Abirzeldy v. Nicoll Inchemedden in Medler. Cautioner 

Robert Burnett in . " Peittis cassin be him " [Inchemedden] "and the 

remanent tennenttis of Medler within the Mois one the wast end of the Hill of Fair." 

15. James Forbes of Lethintie v. Wm. Joffray in Hill of Fiddes. Cautioner Arthur 

Johnstoune in Auchindairg. The claim was for goods and geir said to have been taken 
from the " Smiddy of Auchnacant." 

26. Lawborrows. The Sheriff and John Johnstone in Sheddakisley v. Andrew 

Johnstone in Sheddakisley. Andrew Johnstone and with him Robert Johnstone in 
Kayismyll as cautioners bound themselves under penalty of 500 merks that Andrew 
should appear before the Sheriff depute on eight days warning to answer to such crimes 
as he might lay to his charge preceding this date. Also that he should not molest John 
Johnstone in Sheddakisley. Andrew Johnstone also took the burden on him for his 
brothers, Alexr., Patrick, and David, as well for his kinsmen friends and "Allaya" 
that they should not molest John Johnstone. 

114 



Judicial Enactments: Vol. L, Contents 

1608. 

June 28. Loosings of Arrestments. James Gardyn of Blakfcord v. John Watsone in 

Bogheid. Cautioner George Meldrum at the New Myll. The claim against Watsone 
was for removing from Gardyn's land. 

July 2. Margaret Annand, widow of Robert Woid in Auchindar v, Arthur Johnstone in 

Auchindar, John Cragheid in Fidesbeg, Thomas Greig at the Myll of Fiddes, and 
Arthur Forbes in Blairchillie. Cautioner Arthur Fantoun in Allathein. The case here 
was that Johnstone and the other defenders had evicted the widow from the town and 
lands of Auchindar at Whitsunday, 1606. 

4. James Forbes of Lethintie v. Patrick Annand in Fechill and Alexr. Keith there. 

Cautioner Alexr. Kennady, brother german to the late James Kennady of Kermuk. 
The arrestment was used "for the allegit rywing out of ane pairt of the said com- 
pleneris lands of Fechill and casting of peittis & fewall thairon." 

6. John Lumsden of Cushney v. George Calder at the Myll of Carnculy. Cautioner 

Mr. William Forbes of Many. Claim for past due rent. 

John Lumsden of Cushney v. Robert Reid in Torydishwell. Cautioner James 
Walcar, servitor to Lady Forbes. Ten merks of past due rent. 

9. Alexr. Gordone of Lyttill Gowill v. Wm. Thomsone at the Walk Myll of Logy. 

Cautioner Wm. Forbes of Logy. The dispute was about peats in the Moss of Swaillcnd. 

Wm. Straquhan of Tillefrosky v. Nicoll Ross of Auchlossin. Cautioner Matthew 
Youngsone, burgess of Abd. In this case the difference was about peats in the " Mois 
of Manzow and bounds adiacent." 



Illustrative Examples taken from Vol. L of Minute Books of 
Judicial Enactments 

Assythment 

I. 

(20 March 1606) 

The said day in presens of Johne Gordone of Tilligreig Scherreff 
Deput of Abirdein comperit personallie Maister Robert Paip Aduocat 
and Maister Williame Chalmer Noter in Abirdein and become actit and 
monesit of their awin proppcr confessionis conjunctlie and seuerally for 
thame thair aids and assignais to pay and delyuer to George Innes and 
James Findlay in Newburgh in name and behalf of Walter and Cristen 
Innesses pupills bairnis lauchfull to umquhill Johne Innes sumtyme in 
Newburgh to be furthcumand to thame equallie betuix thame and their 
mother to wit Mariorie Dvvne to hawe the proffeit during the saids barnis 
less aige and minoritie All and haill the sovvme of ane hundredth punds 
usual money of North Britain within the duelling hous of Nicolas Innes 
in New Abirdein upone Witsonday ewin nixt to cum in the yeir of God 
ane thowsand sex hundreth and sex yeirs instant but onie requisitioun 
And failzeing of thankfull peyment thairof at the day foirsaid the sowme 
of fourtie punds money foirsaid by the said principall sowme as for coist 
skaith and expenss And that in satisfactioun and assyithment of the 
slachter of the said umquhill Johne Innes committit be Wm Chalmer 
seruitor to Wm Blak in Newburgh in the moneth of Februar last bypast 
in this instant yeir Quhairanent the said George Innes Relict and 
brother and narrest freinds sail subscrywe and delyuer to the saids 
Maisteris Robert and Williame ane Letter of Slains 1 at the reccpt of the 
said sowme & immediatly befoir the same Quhairupone the saids 
pairties " hinc inde " tuik act & instrument And quhow oft the said 
sowme beis liftit aff of proffeit quhairon it happins to be laid to be als oft 
imployit of new agane to the sicht and advyce of the said George Innes 
Wm. Strachauchin of Tibbertie James Findlay and Andro Innes in New- 
burgh to be maid furthcumand to the said relict of the defunct during 
the saids pupills les aige and that the proffeit thairof sail appertein to 
hir during thair said less age and thaireftir to the saids barnis equallie 
betuix thame, the said relict in the mean ty me sustening the saids bairnis 

I Called also Letters of Peace", an indispensable preliminary to the obtaining of a 
Crown pardon. 

116 



Judicial Enactments: VoL L, Illustrative Examples 

honestlie according to thair estait during thair said less aige and 
minoritie Quhairupone thair wes act and instrument tain in maner 
foirsaid. 

JOHNE GORDON E 

Sref deput of Abirden 
Mr WILLIAME CHALMER 

w l my hand 
Mr ROBERT PAIP 
w l y r [sic] hand 



II. 

(12 November 1606) 

The said day In presens of Johne Gordoun of Boigis Sref Deput of 
Abirdein compeirit Wa and Dauid Umphrayes lauchfull bairnis to 
umquhill Patrik Umphray in Baikiehill with consent of Peter Bischoip of 
Abirdein Mr James Ross Minister thair Alexr Chalmer Messinger thair 
Curatours giffin to thame be the authoritie of the said Sref Deput In hac 
parte tantum and granntit thame to havve receavvit frome Thomas 
Meldrum in the Milne of Darley the sovvme of fourtie punds usuall monie 
of this realme in compleit payment for the sythment and slauchter of the 
said umquhill Patrik thair father commitit be the said Thomas Meldrum 
for his pairt for payment of the quhilk sovvme and for the payment of 
halff ane boll of meill yeirlie to be payit for the space of four veins 
immediatlie following the dait heirof be the said Thomas to the saids 
bairnis the langest lewer of thame as ane pairt of thair alimentar and 
burd the saids barnis and thair curatours foirsaids receawis the said 
Thomas in Cristiane frendscheip and demitit all rancour and ewill will of 
the mynd with all actioun criminall and ciwill quhilk they hawe intentit 
or may intent agains the said Thomas be occasioun of the said slauchter 
and in signe and tacken thairof gawe to him thair hands And the saids 
Curatours in respect of the present minoritie of the saids bairnis obligis 
thame to cans thame the tyme of thair perfyit aig and maioritie to 
consent heirto and ratifie this presentis Upon the quhilks the said 
Thomas tuik Act of Court and Instrument And in lyk maner 
compeirit Helein Differtie relict of the said umquhill Patrik and for 
payment as said is remitit all rancour of hir hart that scho had agains the 
said Thomas for the slauchter of hir said umquhill spows and the said 
haill persones was content that this presentis suld stand in effect to the 
said Thomas as ane sufficient Letter of Slains and that he suld purches 
heirupone our souerane Lordis remissioun quhen he thocht guid and 
expedient be reassone the saids wyiff and bairnis granntit thame fullie 
satisfeit for the said slauchter as narrest of bluid to the defuncte for 

117 



Aberdeenshire Sheriff Court 

thame selffis and the remanent of thair kin and freinds Unto the quhilks 
the Shref Deput foirsaid interponit his authoritie and moneissit the saids 
persones ewerie ane of thame respectiue to obserue thair awin pairtis 
thairof and ordanit precepts to be direct thairone in forme as effeiris 
Upon the quhilk the said Thomas tuik act of Court and instrument. 



Heritable Rights Act of Possession 

(15 April 1606) 

The said day Johne Lord Saltoun causit charge Johne Gordoun of 
Bogis Shref depute of Abd be werteu of oure Souerane Lords letteris To 
enter the said Lord to the possessioun of tua pleuchis of the Lands of 
the Mayneis of Drumbrek lyand within the barronrie of the samen and 
Srefdome of Abd And that according to the tenour of the saidis Letteris 
and to putt ane Decreit of Remowing obtenit befoir the said Shref depute 
at the instance of Alexr Mowtray burges of Abd aganeis the tennentis 
& occupiaris of the saids tua pleuchis land viz the middill pleuche of the 
saids lands now lyand weist on the Wast And the uther callit the Sone 
pleuche or Barriewallis now occupeit be James Smyth To the quhilk 
Decreit the said Lord is maid assignay and the saids Letteris of the 
Lords raisit at his instance as assignay foirsaid For obedience of the 
quhilks Letteris the said John Gordoun enterit the said Lord to the 
actuell and real possessioun of the said tua pleuchis lands be casting out 
of ane Cheir and ane Tangis out of the hous of the said James Mill 
[? Smyth] entering the said Lord within the biging thairof and delyuering 
him the keyis of the fyr houssis barneis and officeis houssis of the samen 
And be yeird and stane of the grund of the said weist pleuche And pat 
the Decreit to executioun according to the tennour of the charge in all 
poyntis Upone the quhilk the Shref deput foirsaid and Lord tuik 
instrument in the hands of me Mr Wa Andersone Shref Clark of the said 
Shrefdome And this wes doin upone the grund of the saids lands at tua 
eftir nune or thairby Befoir Witnessis Mr Wa and Patrick Lewinstoneis 
Seruitours to the said Lord Patrick Abirnethie of Nether Dell George 
Meldrum appeirand of Drumbrek Alexr Gordoun Seruitour to the Shref 
depute. 



118 



The Diet Books: VoL IX., 1607, 1619, J620 

In this volume are bound together in the most promiscuous and 
puzzling fashion some fragments which have survived from several 
missing books. Parts have the appearance of being the remains of books 
actually kept in Court, while in others the more careful penmanship 
points to their having been clean copies subsequently written up. 
Portions of the years 1607, 1619 and 1620 are covered. We have 
already seen that specialization, by keeping different books for different 
kinds of business, had been adopted ; but it is quite clear from what is 
found here that no invariable practice obtained. Acts of Court, such as 
Lawborrows are found here, as well as examples of Services and Cura- 
tories, although special books were in existence in which one would have 
expected to find all such. The order in which the entries occur in the 
volume has been followed, although these are not altogether in chrono- 
logical sequence. It is unfortunate that the entries for 1607 do not 
embrace the period for holding the Fiars Courts ; but on the other hand 
the scraps from 1619 and 1620 furnish examples of these. A large 
number of interlocutory entries have been passed over, because they 
contain no data for ascertaining either the subject matter of the proceed- 
ings of which they form part, or for identifying the persons named in 
them by territorial designation, residence or occupation. 



119 



Table of Contents of Vol. IX. of Diet Books 

1607. 

Decree of Transumpt. (Imperfect.) This appears to be the transumpt of 
Sasine of the lands of Orchartoun in the Barony of Tullidaff, following upon a Charter 
under the Great Seal in the second year of Henry and Mary in favor of Christina 
Tullidaff and Mr. James Stewin, her husband. The witnesses to the Act of Court were 
Wm. Forbes, son of Forbes of Thainstoun, Alexr. Gordoun, son of John 

Gordoun of Boggis, Wm. Gordoun, Baker, burgess of Abd. , Andrew Kyng, Advocate, 
and others. 

June 3. Nature of Action not disclosed. Alexr. Leslie of Monalie v. Agnes Innes and 

Alexr. Chalmer of Kempstoune, her husband. The case was continued to 10 June for 
interlocutor, but is not mentioned again. On 25 June and 7 July, however, there were 
diets of proof in an action between the same parties, Leslie being the defender. 

Exhibition. Agnes Innes and Alexr. Chalmer of Kempstoune, her husband v. 
George Creichtoun of Beildestoun. There was a continuation to 10 June for inter- 
locutor ; but no farther entry has been found. 

Wrongous Intromission. Andrew Reid of Collestoun r. John Wilguis. For 
the " melling with ane pairt of Collestoun callit Cokishill." 

Breach of Arrestment. Wm. Keyth of Pettindrum and the Procurator Fiscal v. 
James Cruden and Wm. Reid. 

Nature of Action not disclosed. Agnes Innes and Alexr. Chalmer of Kempstoune, 
her husband v. Gco. Creichtoun of Tillikirie. Defences lodged. 

Nature of Action not disclosed. Sara Leisk and Alexr. & John Lcisk, her tutors 
7 1 . Wm. Kay in Cruden and John Wilkcn in Clayhills. Defences lodged. On 25 June 
John Hay, her " guidsir," is named as one of the pursuer's tutors. 

Nature of Action not disclosed. Sir Alexr. Fraser of Fraserisburgh v. Thomas 
Birny. Defences lodged. 

Nature of Action not disclosed. Peter Hay in Fechil v. James Forbes of Lethintic 
and Margaret Forbes, his wife. This was a diet of proof which had been allowed in 
absence ; but the defenders appeared and were reponccl and defences ordered on 10 June. 

Removing 1 . James Forbes of Lethintie v. Peter Hay in FechiU and Patrick 
Annand there, brother to the Laird of Ochterellon. ( Vide p. 130 infra.} 

Nature of Action not disclosed. Patiick Cheyne, son and apparent heir of Mr. 

Gilbert Cheyne of Cruffy v. Alexr. Wode of Colpnay and Helen Leisk, widow of Mr. 

Gilbert Cheyne. The Pursuer produced his service as heir general of his father. 
Defences ordered on 10 June. 

I2O 



Diet Books: Vol. IX., Contents 

1607. 

June 3. Violent Profits. Ronald Forbes in Tertowie v. Patrick Moir, occupier of the 

shadow third of Kynneller. The pursuer produced Decree of Removing against the 
defender dated 31 October 1606. The Defender consented to removing, but was 
allowed to lodge defences on 10 June against the claim for violent profits. The end of 
the case is not reached in this volume. 

Decree of Removing. James Setouri of Petmedden v. John Sangster in Crage. 
Four oxengait of the lands of Crage in Udny. Sasine under the hands of James 
Davidsoun and Gilbert Thomsone produced, but no date given. The Defender did not 
appear. 

Reference to Oath. John Wilguis in Litill Artrochie v. Margaret Cheyne, wife 
of Andrew Reid of Collestoune. The Pursuer sued for two bolls of meal delivered to 
defender ; but on a reference to her oath she deponed that she received them by her 
husband's command as part payment of the Pursuer's rent. 

4. Assault Blood-drawing. Procurator Fiscal v. George Tailzeour in 

For " the blude drawing of James Cruffis in the heid" the accused was ordained " to 
pay to the Procurator Fiscall in name of his Majestic and Shreff" IO > an d to the 
injured man as compensation ^5. Cautioner for payment John Mill, Tailzeour, burgess 
of Abd. 

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and Thomas 
Birnye in Kinglasser v. Alexr. Cruden there. Defences ordered on 23 June, when 
there was a continuation, after which no entry has been found. 

Removing. Jean Abirnethy, with consent of John Urquhart of Craigfintray, her 
husband v. Margaret Watsone, widow of Robert Brabner and wife of Patrick Watt. 
The female Pursuer claimed to be " conjunct fear or at the leist lyferenter " of Froster- 
hill in Bethelny, from which she sought to have the Defender removed. The Sasine 
produced was under the hand of the late Patrick Chalmer, Notary Public. On June 23 
Mr. Wm. Reid, procurator for the Pursuers, borrowed up the " haill proces " and 
signed a receipt in the Diet Book. The cause was advocated on 8 July. 

General Service. Janet Forbes to Alexr. Forbes in Braidhauche, 1 her father. 
( Vide p. 58 supra. ) 

Service Tutory. Janet Forbes, daughter of Alexr. Forbes, sometime of Bred- 
hauche. Wm. Forbes, her father's immediate elder brother, was appointed, for whom 
William Forbes of Poflug, his father, was cautioner. ( Vide p. 58 supra.) 

i This name, which like most place names was a descriptive one, has now been corrupted 
almost beyond recognition into " Breda." In similar imitation of certain southern disabilities of 
utterance " Fawbs" is rapidly superseding the ancient " Forbes " or " Forbas." When we come 
to have " Awton " for " Hauchetoune " and " Whiteaw " or even " Witeaw " for " Whitehauche " 
or " Quhythauche," we shall have gone still farther on the downward path, which many Scots- 
men, alas ! think it fashionable to tread. 



Aberdeenshire Sheriff Court : 

1607. 

June 4. Tutory Delegation of Office. The said Wm. Forbes to Wm. Forbes of 
Poflug, his father. On the narrative that he was going abroad the tutor give power to 
his father to fulfil the duties of tutor to Janet Forbes, the niece of one and grandchild of 
the other. (Vide p. 132 infra.) 

5. Decree of Removing. Gilbert Blak, Couper, burgess of Abd. v. Beatrix Browne, 

widow of Wm. Blak sometime in Newburgh, and Gilbert Blak, his son, and others. 
The Defenders were occupiers of certain tenements " ruidis croftis & aikeris " in the 
Barony of Newburgh particularly described in the decree. The Pursuer's Sasine under 
the hand of John Nicolson, Notary Public, dated II April 1581, was produced. 

9. Decree of Removing. Robert Keyth of Auldmad v. Wm. Keyth, Isobel Keyth, 

widow of Gilbert Keyth, John Keyth, Elspet Nicoll, widow of Wm. Fynnie, and James 
Fynnie, her son, all in Nether Altrie. The pursuer was tacksman and titular of Nether 
Altrie in the parish of Deer in virtue of a contract between him and Wm. Keyth, son 
of the late Sir Wm. Keyth, containing an assedation of the lands dated 21 January 1607. 

10. Lawborrows. John Fraser, Walker in v, Patrick Cheyne, son of the 
late Mr. Gilbert Cheyne. Cautioner James Leslie at the Mill of Buchanstoun under 
penalty of ^100. 

Decree of Removing. Dame Elizabeth Forbes, Lady Sincler v. James Hardie 
in Mekill Haddocht, Gilbert Trowp in Litill Haddocht and Jeane Smyth, widow of 
Walter Liggertvode in Fornatie. The first two defenders were removed from parts of 
Mekill and Litill Haddocht, and the third from Fornatie all in the Barony of Newburgh 
and parish of Foveran, the Pursuer being liferenter of the lands. Her Sasine was 
dated 12 September 1566. Notary Mr. John Robertsone. 

Removing. James Creichtoun, yr., of Frendraucht v. George Creichtoun of 
Tillikerie and another. The lands dealt with were the town and lands of Pardarg in 
the Barony of Frendraucht. The date of the Sasine produced is not given, but the 
notaries were Geo. Cheyne and John Leslie. 

11. Decree of Removing. Wm. Udny of that Ilk r. Arthur Udny of Auchloun. 
Decree pronounced in absence. 

Decree for Payment. Mr. Robert Chalmer of Hessilhead v. Wm. Irvyng in 
Denmyll. Two bolls of beir worth 20 merks with 2O/- of expenses. 

Decree of Removing. Hew Craufurde of Quhyithill v. Alexr. Meldrum in 
Quhythill. The defender was in occupation of 16 oxengait of Quhythill and 8 oxengait 
of Brounchill in the parish of Deer and Barony of Fedderet. 

Decree of Removing. Cristane Fraser, Lady Fedderet v. John Lowrance, 
Magnus Will, Andrew Creak, James Hendersone, James Bedy, and Wm. Craufurd, all 
in Ernsyde. The defenders were in occupation of portions of Ernsyde [Ironside] in the 
parish of Deer, of which the pursuer was liferentrix. Sasine produced dated 4 March 
1582. Notary Mr. Andrew Clark. 

J22 



Diet Books: Vol. IX., Contents 



1607. 

June 17. Special Service (Inq. Spec. Abd. No. 109). Wm. Gordoun of Abergeldie to 

Alexr. Gordoun of Abergeldie, his father. Grandoun, Auchmull, Perslie, and Crabis- 
toune. In non-entry since death of ancestor in June 1594. Reserving to John Gordoun 
of Crabistoune, brother german of the heir, his right and title to Crabistoune ; to 
Thomas Gordoun of Grandoun, another brother, his right to Grandoun and Perslie, 
Waulkmill, and salmon fishing on the Don ; and to James Gordoun, another brother, 
his right to Auchmull. 

Assault Blood-drawing. The Procurator Fiscal and Andrew Meldrum in 
v. James Moresone. The fines inflicted were 10 to the Fiscal for His 
Majesty and ^5 to the injured party. 

Spuilzie. Patrick Couttis in Innerernane v. Alexr. Straquhan, fiar of Glenkyndie. 
In absence of the defender, the libel was admitted to the pursuer's probation. 

20. Decree of Removing. George, Erie Merschell v. Wm. Andersone in Froighill. 

The Earl sued for himself and on behalf of John Andersone of Dennis, his tenant, for 
removal of the Defender from the town an 3 lands of Froighill and a part of Dennis called 
Andeiswallis in the parish of Deer. A Sasine and lease were produced, but no particu- 
lars are given. 

Decree of Removing. Wm. Keyth of Pettindrum v. Margaret Cuik, widow of 
John Barclay in Pettindrum and John Cuik her father, Robert Leist, alias Wobster, in 
Perschorne, Alexr. Gawdie in Pettuleis and George Quhatsone in Chappeltoune. The 
various holdings were Blakhillokis, Mowetis land, Blakfaukl, Ramsayes land, Persce- 
horne, Pettulleis, and Chappeltoun in the parishes of Philortht and Abirdour. Particu- 
lars of Sasine not given. 

Advocation. Sir Archibald Dougleis of Kellour, knight, and Dame Barbara 
Forbes, his wife v. James Banerman of Crakinhill and Margaret Hay, his wife. An 
action was apparently depending by Banerman and his wife against Dougleis and his 
wife for delivery of "abulamentis guidis & geir and gold smyth wark" which was 
stopped by Letters of Advocation, "ay and quhill the deidlie feid mentionat in the 
saidis letteris standis onreconseillit." 

23. Decree for Payment. John Collie, sometime in New Madlerne r. John Buchane 

there. 8 pecks of oats "calf come" crop 1605, price 36/8, with 6/8 of expenses, were 
decerned for. 

Nature of Action not disclosed. Wm. Rany v. Arthur, Lord Forbes, 

Dame Janet Seytoun, his mother, and others. 

25. Removing. Gilbert Gray of Schewes v. Andrew Pirie and Janet Blak there. 

The Sasine produced was under the hand of the late Mr. John Gray, Notary Public. 
Defences ordered for 30 June, when they were lodged. Replies were put in on 4 July, 
after which no entry has been found. 

123 



Aberdeenshire Sheriff Court : 

1607. 

June 25. Removing. Francis, Earl of Errull z>. Thomas Hay in Cask and George Hay, 

his son, Robert Mackie in Deiphedder, John Austean and a number of others in Taartie. 
The Pursuer, as proprietor of the Barony of Slains, sought to remove the Defenders from 
Auchquharnie, Deiphedder and Taartie. The Pursuer is said to have re-produced his 
Sasines which were lying in the clerk's hands. 

30. Decree of Removing. Wm. Trowpt of Beggishill v. Gilbert Wricht in Mill of 

Beggishill. The Defender was occupier of Mill of Beggishill and part of Troupismill in 
the parish of Drumblait. Sasine dated 10 Novr. 1585. Notary Wm. Ogstoun. 

Cutting Green W^ood. James Creichtoun, Younger of Frendraucht, with consent 
of James Creichtoun of Frendraucht, his father, as administrator v. George Creichtoun 
of Tillikirie. The Pursuer's Sasine was produced, but without particulars. Defences 
were lodged on 8 July. 

Removing. Thomas Spcns of Bogforthe v. Andrew Thomson in Piriesmill. The 
subject was a croft of Piriesmill in the Barony of Kynmondie by annexation and parish 
of Drumblait. Sasine dated 5 Octr. 1598. Notary George Cheyne. 

Violent Profits (Incomplete). George Adamsone in Elphin v. Wm. Leask of that 
Ilk. The Pursuer's case was that the Defender evicted him in May, 1600, from Bals- 
champhie in Ellon and for violent profits, but the Defender was assoilzied. 

July I. Arrears of Rent. Alexr. Irving of Drume v. Wm. Chalmer, sometime of Tilli- 

kirie. This was a diet of proof. In the Defender's absence there were examined, as 
witnesses for the Pursuer, Alexr. Matthowsone and Thomas Johnestoune in Kynkell, 
Andrew Symmer in Hedden'eik, Gilbert Leslie and John Neill in Northe Boge, Alexr. 
Irving, burgess of Abd., John Andersone in Burnegrannis, and Patrick Stewin and 
Charles Philpe in Kynmukis. There were produced the Confirmed Testament of the 
late Alexr. Irving of Drume, the Pursuer's Sasine, a Missive Bill directed to the Pursuer 
by the Defender, and the Extract of the "Feirs" ol the years libelled. Neither the 
lands nor the years, for which rent was claimed, are mentioned , but it may reasonably 
be assumed that the lands of Kynmuk were those referred to. 

4. Decree of Removing. John Leslie of Petcaple v. John Chalmer in Wester 

Fintray, and John Foullertoun for his interest. The subjects were the Brew Croft and 
Brewhousc of Wester Fintray in the parish of Fintray, with privilege of brewing. 

Removing. John Gordone of Crag v. James Gairdyne of Blakfurde. The 
Defender occupied 4 oxengait of the'lands of Langland, part of the lands of Auchindoir. 
Sasine of Anchindoir produced under the hand of Mr. Wm. Thomsone, Notary Public. 
Defences and Answers were put in on 8 July. 

Spuilzie. Alexr. Fraser of New Forrest v. Alexr. Forbes in Turriff, James 
Lessell, Messenger, and their colleagues. The subject matter is not stated : but the 
procurators for the Defenders not appearing, the case was admitted to the Pursuer's 
probation. 

124 



Diet Books: Vol. IX,, Contents 



1607. 

July 4. Theft, Reset of Theft, and Habit and Repute. The Procurator-Fiscal v. John 
Patrie in Gilquhomstoune, who was charged with a number of acts of sheepstealing, and 
also with stealing from the tenants of Gilquhomstoune five bolls of beir yearlie for four 
years past : but of all these charges Patrie was acquitted. The jury however convicted 
him of being a common thief, and he was banished from the Sheriffdom and his move- 
able goods escheated to the use of the Crown, the Sheriff and his deputes. 

8. Appointment of Mair Depute. Andrew Creichtoun servitor to the Laird of 

Frendraucht was presented by Mr. George Bisset, Mair of Fee, admitted by the Sheriff 
depute, and sworn in. 

Nature of Action not disclosed. Hew Gordoune in Abercatteis v. Mr. Gilbert 
Keylhe in Auchquhorsk and Burnat, his wife. An assignation by Henry Forbes 

of Kynneller was produced by the Pursuer. 

10. Liquidation of Prices. James Forbes of Fechill v. Geo. Banerman of Walter- 
toune as Tutor to Edward Bruce. The Pursuer already held a decree for a balance of 
the rent of 12 oxengait of Fechill and a croft called Proctor's croft in the Lordship of 
Altrie. By this decree the prices of the victual and others in which the rent was payable 
was liquidated by the evidence of five witnesses who fixed the value of a boll of meal at 
^"4 6s. 8d., a boll of Quhyt II merks, a wedder 4 merks, a lamb 16/8, a capon 5/-, a 
pultrie 3/4. Before the proof was taken it was pleaded for the Defender (whether the 
pupil or tutor does not appear) that he was not properly summoned, being resident in 
Kincardyne ; but it was held that the action was properly brought in Aberdeen, ratione 
rei de qua agitur. The prices fixed were the " niest " prices. 

11. Special Service (Inq. Spec. Abd. No. 110). Alexr. Gordone of Cluny to Sir 
Thomas Gordone of Cluny, his father. Carvethin, Thornywray, Corsistane, Peireismyll, 
Sliauche, Adamstoun and others. In non-entry since death of ancestor in December 
1604. 

13. Lawborrows. Thomas Forbes and other burgesses of Aberdeen v. George Kying 

in Grandoun and George Ewen in Corthybuk. The complainers were in possession of 
the Cruives of Don and were being interfered with by the respondents, for whom 
Robert Stewart, burgess of Abd. became cautioner under penally of 400 merks for each. 
The lawborrows had been taken out in the Court of Session. Stewart, Kying and the 
Sheriff depute signed the entry. 

The entries for 1607 take end here. 
1619. 

April 8. Assault Blood-drawing. Andrew Cuming, Lax fischer v. Patrick Howat, 

indweller in Abd. Alexr. Jaffray of Kingiswallis was cautioner for the entry of the 
accused upon 15 days warning and signed the Act of Court. Howat's obligation to 
relieve his cautioner was signed by John Hunter, Notary Public. 

May 26. Lawborrows. Robert Gardin in Kingiswalls v. James Chrystie in Baddintuithe. 

Cautioner Alexr. Chrystie in Litill Fynnersie. 

Removing. (Imperfect). Margaret Hay, widow of Michael Fraser of Techmurie, 
and Alexander Fraser, their son and apparent heir v. Patrick Hay in Craigheid. The 
lands of Craigheid in Deer. 

125 



Aberdeenshire Sheriff Court: 

1619. 

July 15. Lawborrows. Alexander Annand of Arduthie v. Wm. Forbes of Tolquhone. 

(Out of There is here copied a certificate testifying either that lawborrows had been taken out 
date.) or security for ^1000 found in the Court of Session. 

June I. Removing. Mr. John Strauchauchin, portioner of Kincardin v. James Robert- 

sone in Kincardin. The Pursuer signed a receipt to Mr. Alexr. Davidson, his 
Procurator for a Sasine of Kincardine, dated 13 Jany. 1616, under the subscription of 
Alexr. Middiltoune, Notary, which had been produced in the process. 

1 8. Lawborrows. Patrick Leslie, Dempster and Mardroune Ross his v. 
Andrew Reid, lawful son of the late Edward Reid, Skinner in Abd. Cautioner Wm. 
Craigheid, burgess of Abd. The caution was ^100. 

30. Personal Obligation. Thomas Touche in Corsinday in favor of John Gordoune 

of Lytill Go will. Touche enacted himself to pay 20 twixt this date and 12 July, and 
failing payment 10 as for "cost skayth & dampnage." 

Admission of Mair Depute. Patrick Gordoune in Bogheid, who had been 
appointed, appeared, accepted office, took the oath defideli, and found Normond Lesly, 
burgess of Abd., as cautioner for him. 

Augt. 18. Fiars Court. John Gordoune of Lytill Gowill and Mr. Wm. Paip, Advocate 

were on the bench, and there were six jurors (apparently they were witnesses as well), 
viz. : Alexr. Burnet, burgess, Alexr. Chalmer, burgess, Mr. Wm. Ray, Advocate, Wm. 
Forbes in Kynadie, Robert Middiltoun in Sauchin and Wm. Leiwingstoune in 
Corsinday. 

Lawborrows. John Smyth in Bandtuithe v. Wm. Aitken there ct e contra. 
Each was bound to keep the peace under the penalty of .100. Cautioner for Aitken, 
John Chrystie in Corsinday, for John Smith, Alexr. Smyth in Carneday. 

19. Personal Obligation. Wm. Aiken in Bandtuith in favor of John Gordoune of 
Lytill Gowill. Aiken enacted himself to pay 20 betwixt this date and Michaelmas, 
and 10 in case of failure. 

Personal Obligation. Duncan Gellan in Calsietoun of Corsinday in favor of John 
Gordoune of Lylill Gowill. Gellan enacted himself to pay $o, payable half on 25 
Augt. and the other half before Michaelmas, with ,10 penalty for each failure. 

Deer. 22. Manslaughter. James Waenis in Aswanlie was cited to appear before the 

Sheriff in the Tolbooth upon 15 January to answer to a charge of having killed or being 
art and part in the slaughter of James Bartill in Pleylands on 12 Deer. Cautioners 
George Calder of Aswanlie, James Gordoune in Beldornie, George Waenis in Davids- 
toun and Thomas Dey in Aswanlie. There is no entry on 15 January, but on 20 May 
Ca'der entered Waenis and protested before witnesses that he be freed of his cautionary. 
( Vide also 5 July p. 127 infra.} 

126 



Diet Books: Vol. IX,, Contents 

1620. 

Jany. 19. Warding in Aberdeen. James Leslie of Drumdollo. What the charge against 

Leslie was is not disclosed, but he had evidently been in " the Kingis ward hous." On 
his enacting himself to pay the Sheriff 1000 in case of failure to re-enter upon ward on 
I May following, the Sheriff gave him liberty provided he did not leave the burgh 
except to attend the Consistorie Court of Old Aberdeen upon his lawful affairs. 

Mch. 22. Assault Blood-drawing. Andrew Downie in Maynis of Kyntor, charged with 

assaulting Wm. Cowper in Bogheids. Downie, by Alexr. Spalding his procurator, 
pleaded res jitdicata, in respect he had already been tried and acquitted by a jury in the 
Baillie Court of Kyntor, and offered to produce the Act of Court on condition of its 
being delivered up again. 

23. Copy Inventory and Receipt for Title Deeds. Adam Gordoun of Boigholl 
had raised an action for exhibition of the writs of the lands of Sapphak in the Parish of 
Fyvie. In that process Mr. Robert Paip, Advocate had produced a "banded coffer," 
the contents of which were ordained, by Decree of Exhibition dated the previous day, to 
be delivered to Adam Gordoun, as heritable proprietor of the lands. The writs were 
as follows : I. Contract between Mr. Wm. Meldrum of Haltoun and Alexr. Gordoun, 
eldest lawful son of Sir Thomas Gordoun of Cluny with consent of John Erskin of 
Balhaggartie, his tutor, dated at Clochorbie I June 1593. 2. Charter following thereon 
in favor of the said Alexr. Gordoun, of same date. 3. Instrument of Sasine following 
on the Charter, dated 3 June 1593. Notary James Murray. 4. Charter and Disposi- 
tion by the said Alexr. Gordoun to George Gordoun of Chappeltoun, Jean Gordoun, his 
wife, and Wm. Gordoun, their son, dated 18 April 1605. 5. Instrument of Sasine 
following thereon, dated 20 April 1605. Notary the late George Clerk. For these 
Adam Gordoun gave a receipt to the Sheriff and Sheriff Clerk. 

May 9. Manslaughter and Blood-drawing. John Meldrum, for whose entry Mr. 

Robert Forbes was cautioner. The charges were for the slaughter of Alexr. Duncane, 
elder, in Lytill Fynnersie, and for an assault upon Thomas Duncan, servitor to the said 
Alexr. Duncane, elder, with a " durk " in the arm. ( Vide p. 133 infea.) 

June 10. Lawborrows. Charles Chalmer in Balbithan, Robert Chalmer in Tofthillis, John 

Chalmer there, Alexr. Chalmer there, Robt. Gordoun in Tiiliangous v. Duncan Elmslie 
in Racheills, George Elmslie in Harthills, Wm. Elmslie in Fetter, Andrew Elmslie in 
Wreittoun, Adam Watt in Netherbiging of Auchquhortes and John Patersone in Thains- 
toun, son-in-law to Duncan Elmslie et e contra. Evidently a local feud. The two first 
named on each side for themselves and the others were bound as cautioners under 
penalty of 2OO merks. 

JulyS- Manslaughter. James Waenis. Thomas Dey in Aswanlie, Wm. Richardsone in 

Auchbeigis and James Gordone in Mains of Beldornie became cautioners for accused's 
appearance on 1 5 days' warning. ( Vide p. 1 26. ) 

26. Removing. Wm. Hardie in Mekill Haddo v. Alexr. Blak in Newburghe. The 

subjects were 7 rigs of land and "sex buttis lyand within Amggettis Law," and ^ rigs 
in the Baukfauld in the parish of Foveran. One notary signed for those who could not 
n write in this and the two preceding cases. 



12 



Aberdeenshire Sheriff Court: 

1620. 

Septr. 5. Manslaughter. Andrew Currie in Ardfork and Gco. Bruce, servant to Andrew 

Meldrum of the Muiris of Fywe. The charge was of killing Robert Moidan in Kilnary 
upon 29 Augt. Win. Straquhan in Tarves, as procurator for Wm. Forbes of Tolquhone, 
brought the accused to the Sheriff depute "quha acceptit the saids personis & pat thame 
in suir firmance in the Irnes." The accused were tried on 12 September, the widow and 
brothers of the deceased being the accusers. The charge was "that thai or ather of 
them had slain the said umquhill Robert with ane straik of their feit in the bellie." A 
jury of 19 were empannelled, who unanimously acquitted Bruce and by a majority 
convicted Currie. A cross appears opposite the names of two jurors who might have 
formed the minority. The sentence is not written in. 

Assault Blood-drawing. Alexr. Findlater, Litster, bound himself under pain 
of ^100 to appear on 48 hours' notice to answer to a charge of this kind. 

Octr. 3. Letters of Caption. Katheiine Thornetoun v. Alexr. Leslie in Kirkhill. James 

Gareoche in Kinstair bound himself under pain of 500 merks to enter Leslie, who had 
been apprehended, in the chamber of John Gordoun of Lytill Gowill between 9 and 10 
o'clock next day. The residence of the Sheriff is thus described : "John Gordoun his 
awin Chalmer in the hous of John Touche elder burges of Abd. lyand on the west syde 
of the Gallowgait of the said burghe." On the margin is written "4 October 1620 
This Act deleit with consent of the pairteis J. G. Sreff." 

6. Lawborrows. Wm. Keyth in Auchronie, Alexr. Forbes in Lachintillie and 

James Mackie in Lytill Endovie el e contra. The penalty for breach was 200 merks. 
The cautioner for Forbes and Mackie was Patrick Fouller in Drumnahethe, while John 
Keyth in Tertowie became cautioner for Wm. Keyth. 

Novr. 17. Curatory. Annas or Agnes Forbes, lawful daughter of John Forbes of Bairnis. 

The next of kin called were Wm. Forbes, burgess of Abd., John Leyth, apparent of 
Harthill, George Forbes of Skelliter, and Wm. Leyth, burgess of Abd. With consent 
of her father, who appeared by Wm. Cordoner, Advocate in Abd., his procurator, the 
minor elected the said Wm. Forbes and John Leyth, who became cautioners for each 
other. 

Renunciation. The said Annas or Agnes Forbes. With consent of her father 
and her curators she renounced all right in the moveable succession of her late brother 
german, John Forbes of Newtoun of Premnay, or which she might be entitled to by the 
decease of his children, John and Susanna Forbes, and that in favor of Niniane Setoune 
in Kirktoun of Bourtie, the testamentary executor of her brother. 

Renunciation. Gilbert Forbes, lawful son of John Forbes of Bairnis. This entry 
is mutatis mutandis in terms with the preceding entry. 

July i. Nature of Action not disclosed. Mr. Win. Forbes, Sub-principal of the King's 

Colledge of Auld Abd. v. Allaster and John Cliriche in Bithnie and Alexr. Luncar there. 
Defences produced, which were replied to on July 4 and interlocutor pronounced on 
July 5, but the terms of it are not given. 

5. Nature of Action not disclosed. James Leslie of Drumdolo z>. James Crich- 

toun in Comalegie. Interlocutor pronounced. 

128 



Diet Books: Vol. IX., Contents 






1620. 

July 8. Removing. Isobel Forbes, Lady Williamstoune v. John Schand. This day had 

been fixed for the Defender's proof and for him to find caution for violent profits, but 
apparently none was forthcoming and the term was circumduced. 

Breach of Arrestment. The Procurator Fiscal and John Erskine of Balhagartie 
v. Hector Davidsoun at the New Mill of Knokallachie. Proof fixed for July 19. 

12. Assaults Blood-drawing. James Cruickschank in Knokleyth and Helen 

Thomsone, his wife. The former was charged with an assault upon David Ross 
in Knokleyth' in May preceding, and his wife with assaulting Elspet Walker, wife of 
Wm. Robertsone in Knokleyth in June 1618. Both were acquitted by the jury, whose 
chancellor was George Barclay in Badinscoth. 

Admission of Mair depute. Wm. Abirnethie in Knokleyth. Cautioner Robert 
Dempster of Cushnie. 

14. Murder. Thomas Allan in Saphak. This was a Justiciary Court held by John 

Gordoun of Ly till Gowill, Sheriff depute, and George Setoun of Schethyne, as Justices 
depute in that part under special commission dated 29 June. The charge was of mur- 
dering John Allan at the Mill of Balheluie. The jury by a majority of 18 to I convicted, 
and the accused was sentenced to be hanged. 

Crime not stated. James Andeisone. The following is the whole entry, 
" The said day the Sref deput forsaid ordanit James Andersone to be hangit & put to 
the deathe for his demereits. " 

19. Revocation of Deed Granted in Minority. Wm. Leslie, son of John Leslie 

of Karthine, revoked an obligation made in minority to his brother Francis for ^130 
less or more. 

26. Assault Blood-drawing. Wm. Tailzcour in Forvie was bound to appear on 

August 10 under pain of 100 to be tried on a charge of assaulting Wm. P>inss in 
Ennettis. 

29. Fiars Court. There were two Sheriffs Depute and 7 jurors. 

Augt. 12. Assault Blood-drawing. John Troupe in Gilcomstoune. The accused did not 

appear and was fined ^50. Alexr. Davidsoune in Inverchat, the injured party, got an 
award of ^10. 

Octr. 6. Removing. John Hay of Cremondmogat v. George Boyak. Alexr. Mylne, Boat- 

wricht in Abd. , was cautioner for violent profits. 

18. Curatory. Robert Blakhall, son of Wm. Blakhall, burgess of Abd., elected 

Alexr. Blakhall, Mailman, burgess of Abd. , to be his sole curator, for whom the minor's 
father was cautioner. 



21. Assault Blood-drawing. Andrew Ilendersone was amerced in a fine of 

and 10 to the injured party. 

Theft. Elspet Forbes, being convicted of several charges of theft, was banished 
from the county and made to consent to be drowned without trial if she came back. 

25. Charge not stated. Alexr. Angous at the Locheheid became bound to appear 

on Novr. 2 under penalty of ,100. 
R 129 



Illustrative Examples taken from Vol. IX. of Diet Books 

I. 

Action of Removing Procedure 

(3 June 1607) 

The said day in the Actione of Removeing perseuit be James Forbes 
of Lethintie aganis Peter Hay in Fechill and Patrick Annand thair Com- 
peirit Mr Alexr Irving and Mr Arthour Wat procuratours for the persuer 
and producit ane summonds execute to this day aganis the said defen- 
ders and for instructing thairof producit ane Warning with ane Seising 
under the signe & subscription!! of Mr John Robertsone Notary and 
according thairto desyrit Decreit Ex aduerso compeirit Mr W T a Reid 
procuratour for Patrick Annand and Andrew King for Peter Hay and 
desyrit ane day to gif in defenssis to quhome the Shreff assignit the fyft 
of Junii instant to that effect 

(5 June 1607) 

The said day Contenvis the ingewing of the 

saids defenssis to the xii of this instant with consent of Mr Alexr Irving 
procuratour for the persuer Reid et King procuratours for the defenderis 

(12 June 1607) 

[Reid et King] Compeirit and producit the saids defenssis in 
presens of Irving procuratour for the perseuer acceptand to ansuer 
thairto xvii instant 

(17 June 1607) 

The said day The Shreff with consent of the 

procuratours for the pairteis Contenvis the ingewing of the saids replyis 
to the xix of this instant. 

(19 June 1607) 

The said day Compeirit Irving procuratour for the 

perseuer and producit the saids replyis in wreit and the 

Shreff assignit the xxiii of Junii instant to pronunce interlocutour in the 
said cans 

130 



Diet Books : Vol. IX., Illustrative Examples 

(23 June 1607) 

The said day the Shreff contenvis the pronunciatioun of his inter- 

locutour to the tuentie fyft day of Junii instant In 

presens of [the procurators are named here] warnit thairto. 

(25 June 1607) 

The said day The perseuer compeirand be 

Maisteris Alcxr Irving and Arthour Wat his procuratours The said 
Peter Hay be Andrew King his procuratour and the said Patrick Annand 
and Mr Wa Reid his procuratour nocht compeirand this day The Shreff 
deput foirsaid [Robert Gareoche] haueing hard sene & considderit the 
persewars libell precept of warning & executionis thairof and Seising 
producit, defenssis proponit for the pairt of the said defenderis ansueris 
replyis maid thairto and haill proces and thairwith being ryplie and at 
lenthe advysit Repellit the haill defenssis proponit for the pairt of the 
said Peter Hay and admittit the libell with the last reply maid to the 
last defence to the persewars probatioune and assignis the tent day of 
Julii nixt to cum to the said persewer to preiwe the same And that ilk 
day to the said Peter to set Caution for the violence in caice of evictioun 
with certificatioune in caice of failzie Decreit of Removeing to be pro- 
nuncit aganis him in presens of the said Andrew King his procuratour 
warnit thairto apud acta And siclyk Repellit the haill defenssis proponit 
for the pairt of the said Patrick Annand except the last defence beirand 
in effect that he hes Set and Assedatione of the lands libellit for the yeir 
contenit in the libell for the dewaty thairin contenit maid to him be 
umquhill Wa Forbes of Fechill quha haid power to do the samen quhilk 
the Shreff admittis to the said Patricks probatione Reserveand contra 
producenda and assignis the said tent day of Julii nixt to cum to preif 
the samen peremptourlie and that ilk day to set cautione for the violence 
in caice of evictioune with certificatioune as said is and ordanis intima- 
tioune to be maid heirof in dew tyme to the said Mr Wa Reid procuratour 
for the said Patrick quhairupone the saids procuratours for the parteis 
took act of court & instrument 

(10 July 1607) 

The said day In the terme assignit to the perseuer 

to preif his libell with the last reply proponit be him [etc as in preceding 
interlocutor] Compeirit the persewar with Maisteris Alexr Irving and 
Arthour Wat his procuratours and producit ane summonds execute 
quhair intimatioune was maid of the pronunciatioune of the said inter- 
locutour to the said Mr Wm Reid procuratour for the said Patrick 
Annand and that this day was assignit to him to preif the said excep- 
tioune and set cautione as said is and desyrit the dyat to be satisfeit Ex 



Aberdeenshire Sheriff Court: 

aduerso Compeirit the said Mr Wm procuratour for the said Patrick and 
protestit in the contrair in respect as he alledgit the interlocutour was 
nocht pronuncit in his presens and na lauchful intimatioune was maid to 
him of the assigning of the terme nor yit to the pairteis adheirand thairto 
desyrit persewars ayth de calumnia gif he haid just cans to refuis the said 
exceptioune quha gaif his ayth that he haid just caus to do the samen 
and [Mr Reid] producit ane Assedatioune maid be umquhill Williame 
Forbes of Fechill to the said Patrick of the lands libellit including the 
yeir of the warning and protestit for absoluitour And the persewar in 
the contrair protestit for condampnatour & for decreit of Removeing to 
be pronuncit aganis him in respect the last act is nocht satisfeit be seting 
of cautioune for the violence in caice of evictioune quhilk protestatioune 
the Shref admittit [and ordained Annand to remove from 12 oxengait of 
the middle third of Fechill in the parish of Ellon] And siclyk [there was] 
producit for verefeing of the said libell and reply aganis the said Peter 
Hay ane discharge maid be him to the said James Forbes of Fechill of 
ane Assedatioune maid be him to the said Peter with the said James 
Seising of the lands libellit warning & executiounis thairof in presens of 
the defender & Andrew King his procuratour quha desyrit ane day to 
obiect contra producta to quhome the Shref assignit the xv day of this 
instant Julii to that effect and that ilk day to set cautioune for the vio- 
lence in caice of evictioune with ccrtificatioune decreit to be pronuncit 
aganis him Quairupone the perseuer askit & tuik Act of Court & 
instrument 

(no farther entry) 

II. 
Delegation of the Office of Tutor 

(4 June 1607) 

The said day Williame Forbes tutor to Jonet Forbes pupill lauchfull 
bairne of urnquhill Alexr Forbes of Bredhauche Being of intentione to 
travell alsweill in this realme as in forein cuntreyis as he hes bene 
accustomit in tyme bypast And in respect Williame Forbes his father is 
becum cautioner for him de fideli administratione in the Tutorie forsaid 
and for utheris caussis moveing him Gewis full power to the said Williame 
his father to enterteine the said Jonet pupill in meat & claith during the 
tyme of his said tutorie he being on lyff one the brokis and profeittis of 
hir awin geir to be allowit to him in the first pairt thairof according to 
her rank birthe and estait And als gewis full pouer and libertie to the 
said Williame Forbes his father as guidsir to the said pupill to uptak lift 
& receaue the haill sowmes contends of actis contractis obliatiounis 



Diet Books : Vol. IX., Illustrative Examples 

cornis cattell hors nolt scheip insicht outsicht plenissing and all utheris 
moveabills and debtis pertaining to the said pupill and that fell to hir be 
deceis of hir umquhill father and mother And als to uptak the maills & 
dewateis of quhatsumeuir wodsettis hir said umquhill father & mother 
haid the tyme of thair said deceis that fell thairby to the said pupill and 
sowmes of monie one the saids wodsettis thairone acquittancis & dis- 
chairgis to gif as he micht haue done as tutor to hir befor the making 
heirof during the haill tyme of the said Tutorie becaus the said guidsir 
may bettir attend thairone than the said tutor himselff And gif it sail 
happin the said Williame Forbes of Pofluge to depairt this present lyff 
befor the expyring of the said Tutorie it sail nocht be lessum to the said 
Williame Forbes tutor forsaid to mell withe ony of the saids pupills geir 
lands wodsettis or profeitis thairof quhill he first set sufficient cautiouners 
be the sicht of (illegible) Cultis fear of Auchtercoull and Robert Forbes 
of Inver coniunctly that the same sail be furthcumand to the pupill as 
law will And that the said Williame Forbes of Pofluge his airis maill 
and assignais be harmeles and skaithles of the samen intromissione at the 
hands of the said pupill hir airis and assignais Reserveand alwayis to 
the said tutor compt rekoning and payment of the superplus of the saids 
pupills rentis by and attour hir awin sustentatioune to be allowit as said 
is Quhairupone the saids Wm Forbes elder and Wm Forbes younger 
tuik act of Court & instrument 

III. 
Trial for Manslaughter and Assault 

(9 May 1620) 

Compeirit Johne Meldrum with Mr Robert Forbes his cautioner and 
enterit upone pannell and in respect of his entrie the said Mr Robert 
protestit he sould be frie of his cautionarie The said Johne being upone 
pannell and accusit for the slauchter of umquhill Alexr Duncane sone to 
Alexr Duncane elder in Lytill Fynnersie denyit the samen and that he 
was nawayes nar hand him airt nor pairt thairof And being accusit for 
the hurting wonding & bluid drawing of Thomas Duncane seruitour to 
the said Alexr Duncane elder confessit the samen Compeirit Mr Wa 
Barclay younger procuratour for the said Alexr with the said Alexr 
lyikwayes present at the bar and tuik instrument upone the declaratione 
and confessioun of the said Johne concerning the bluid drawing of the 
said Thomas Duncane committit be him at the tyme of the said slauchter 
Siclyik compeirit the said Mr Wa procuratour as said is and alledgit that 
the pairtie is citat to compeir befoir the Justice Generall or his deputes 
to the twentie ane day of Junii nixt to underly the law for the alledgit 

133 



Aberdeenshire Sheriff Court 

slauchter committit be him and thairfoir na proces at the instance of the 
procuratour [? Fiscal] aganis the said Johne Lyik as the said Alexr Dun- 
cane elder being present with his said procuratour alluterlie disassentis 
to this judgement [? seat] Compeirit Mr Wa Ray Procuratour Fiscall 
and acceptit the compeirance of the said Alexr Duncane & requerit him 
to insist and to giwe in ane bill of assyis And adheirand thairto anserit 
that the alledgance aucht to be repellit as irrelivant newir qualefeing that 
Johne Meldrum present and pannellit was chairgit lauchfullie be wertew 
of our Souerane Lords letteris to underly the law at the day aboue spcci- 
feit befoir the citatione raisit and execute in dew tyme within twentie 
four hours nixt eftir the committing of the alledgit slauchter In respect 
of the quhilk citatione lauchfullie & in dew tyme maid be the Shrefis 
precept the said chairge gevin be wertew of our Souerane Lords [letters] 
can not stay nor impeid the Shref to put the said actione to the tryall of 
ane assyis And the Shref nochtwithstanding of the alledgance remittit 
the tryall of the said cryme to the personis of Assyis in respect thair was 
na letteris of Advocatioun producit and that the said Alexr elder refuisit 
to insist and to give in ane bill of Assyis being personalie at the bar In 
respect of the summonds producit this day being execute within twentie 
four hours nixt eftir the committing of the said fact befoir ony letteris 
raisit befoir the said Justice Generall or executiones thairof 

Nomina Assise 

Alexr Thome in Mylneboy Jon Liddell thair 

Patrik Fouller in Drumnahethe Gilbert Abirdour in Culquhorsie 
Jon Fouller in Furdtoun James Walker in Brumhill of Echt 

Paull Fouller in Leyludge Alexr Smyth in Kirktoun of Echt 

Alexr Chopmane in Waster Echt James Gawane thair 
James Liddell in the Maines of Echt 
Alexr Baine in Tillioche 
George Mackie thair 
Thomas Patersone in Sonehunie 
Arthour Chrystie in Lytill Fynnersie 

The haill Assyis in ane voce be the mouthe of the said Alexr Thome 
thair chancellar absoluis the said Johne Meldrum fra the slauchter of the 
said umquhill Alexr Duncane airt or pairt thairof and convictis the said 
Johne for the hurting wonding and bluid drawing of the said Thomas 
Duncane with ane durk in the arme 

The said Mr Wa Barclay procuratour for the said Alexr Duncane 
elder protestit for nullitie of proces remeid of law reductioun and vilfull 
errour aganis the Assysoris 

The Shref amerciatis the said Johne in the sowme of fiftie punds and 
fywe punds to the pairtie J.G. Sref. 



The Minute Books of Judicial Enactments 
VoL IL, J 608-14 

This volume was obviously begun when Vol. I. of this series was 
finished. It consists of 326 closely written pages, the first legible date 
being 15 July 1608, and the last I March 1614. The fly leaves and 
another leaf or two may be awanting at the beginning, and about 20 
leaves at the end have been so very baldy damaged by damp as to be to 
a large extent illegible. The general character of the entries is the same 
as in Vol. I. of this series ; but signatures are much more numerous. 
Two cases of Notarial subscription have been noticed. In the earlier of 
these on 24 January 1610 George Barroun and Mr. William Chalmer, 
Notaries public, signed for a widow who could not write ; but there were 
no witnesses. The Notarial docquet of Barroun was in these terms " Ita 
est Georgius Barroun Notarius publicus de speciali mandate dicte 
Margarete Annand scribere nescientis ut asseruit," and that of Mr. 
Chalmer was identical with it. In the second instance, on 3 1 October 
1611, when David Hay in Bogheids of Fyvye and John Watsone in 
Blakfuird, two of the parties appearing to enact themselves, could not 
write, there was prefixed to the notarial docquets the following words : 
" David Hay and Johne Watsone foirsaid with our hands at the pen led 
be the Notars underwritten at our commands becaus we can nocht wreit 
ourselffs." Four witnesses also subscribed the entry. 



'35 



Table of Contents of Vol. II. of Minute Books of 
Judicial Enactments 

1608. 

July 15. Loosings of Arrestments. Bessie Gordoun. liferenlrix of the lands of Tulloch, 

and Robert Gordoun z'. Janet Seytoune, Ladie Forbes and her tenants. Peats in the 
Moss of Tulloch. Cautioner John Collison of Auchlunies. 

1 6. James Gardyn of Blakfeord v. John Meldrum in Blakfeord. Cautioner George 

Setoune at the Myll of Saphak. 

27. George and Gilbert Huddoun in Leslie v. Isobell Scot, widow of Henry Huddoun 
in Abd. The widow was said to be detaining certain effects claimed as belonging to the 
Pursuers and to the late Janet Huddoun, Henry's daughter. Cautioner George Lang, 
burgess of Abd. 

28. Assault Blood-drawing. The Crown v. George and Wm. Smith, burgesses of 
Inverurie, who were cited to appear on 10 August on a charge of wounding 
and blood-drawing of Wm. Lyone in Hilbrey. Cautioner James Beingzie in Inverurie. 

30. Loosings of Arrestments. George Gain [Gavin] at the Mylne of Allathein v. 

Thomas Robertsonc in Boddemes and Patrick Richie there. The pursuer had arrested 
in security of a claim for having been ejected from Boddemes. Cautioner Walter Bodie 
in Ardiffrc. 

Mr. Thomas Nicolsone, Commissary of Abd. v. Adam Gordoun and John Leith, 
portioners of Boigholl. Crops sown and peats, &c. cast on the Hill of Drumnagair. 
Cautioner George Lang, burgess of Abd. 

Augt. 2. Adam Gordoun and John Leith, portioners of Boigholl v. Tenants of Kinmondy. 

Crop sown and peats, &c. cast upon part of Durla Moss. Cautioner James Meingzes, 
burgess of Abd. 

5. Commission from Court of Session. Oath de fideli. James Mowat and Mr. 
Robert Davidsone, Advocates in Abd., who had a Commission from the Supreme Court 
as " deligatis," and Sheriffs of Kincardine in that part, to cognosce upon the marches of 
Portlathin and Balquharne belonging to Wm. Forbes of Portlathin on the one part and 
the lands of [illegible] belonging to James Blindschell on the other part, all in the parish 
of Banchory Devenick, took the oath de fideli before the Sheriff depute at Aberdeen. 

8. Loosings of Arrestments. John Mar in Nethermure v. Wm. Fraser in Auch- 

maleidie. Claim for a loan of 41 merks. Cautioner Wm. Youngsone in Auchmaleidie. 

10. John Fergussone, burgess of Abd. v. James Banerman in Abd. Cautioner Patrick 

Annand in Ortchertoune. 

136 



Judicial Enactments : Vol. IL, Contents 

1608. 

Augt. 10. Loosing of Arrestment. Alexr. Cuming of Culler v. James Kilruiff in Auld- 

fauld and John Watsone there. Peats cast "in the Tolspeit myris of Auldfauld." 
Cautioner John Carny, burgess of Abd. 

Renunciation and Discharge. Annas Lorimer, wife of John Fraser, portioner 
of with his consent renounced her rights in the Quarter lands of Mamewlauche, 

teind sheaves thereof, &c., in favor of Alexander Murray [designation illegible]. 

5. Renunciation and Discharge. Christian Gordoun, wife of Gilbert Chalmer in 

[?] Braikley, renounced any right she had in the lands of Klinkenwallis, otherwise 
Ardsowis or Hilbeey in the Barony of Methlik in favor of the " richt honorabill George 
Gordoun fiar of Haddo." 

17. Loosings of Arrestments. Beatrix Fraser, widow of Thomas Muidey v. John 

and Robert Muidey in Corskellie. The defenders were said to have intromitted with 

the late Thomas Muidey's estate. John Tarves, occupier of eight oxcngait of Tulikiric, 
was cautioner. 

Patrick Buter v. Wm. Luches in Torieleithe, James Leuches there and Mr. Win. 
Schein in Meles. Peats, &c., in the Moss of Elrick. Cautioner Wm. Logic, burgess 
of Abd. 

23. Win. Irving of Murthill v. Nicoll and Allan Ross in Tarlen and John Reid there. 

Cautioner Patrick Davidsone, burgess of Abd. 

Gilbert Meingzes of Petfoddellls v. Alexr. Rutherford, Provost of Abd. The corns 
sown by Rutherford and his tenants upon the bounds of Gilcolmstone " and in speciall 
on that pairt thereof callit the Threipfeilds lyand upone the Wast syd of the Garden Well 
and North syd of the Den Burne of Gilcolmstone ascending up the said Burne as the 
same rynnis to the Corbenest." Cautioner James Brabner, burgess of Abd. 1 

29. Thomas Kellie, Baxter in Abd. v. Robt. Symsone in Gilcolmstone. The Defender 
was said to have wrongly intromitted with a seven year old horse of Kellie's, worth 50 
merks. Cautioner John Barker, burgess of Abd. 

John Edwart in Asheogill v. Robert Symsone in Hiltoune of Asheogill and Andrew 
Symsone, his father. Defenders were said to be intromitters with the effects of the late 
Barbara Edwart, Pursuer's sister. Cautioner David Symsone, Saddler in Abd. 

30. Robert Symsone in Gilcolmstone and Gilbert Meingzes of Petfoddellis v. Thomas 
Kellie, Baxter in Abd. Symsone was charging Kellie with wrongfully intromitting with 
sheep belonging to him, and Meingzes alleged a claim for rent, in security of which the 
crop sown by Kellie upon " the cruikit myris and outfaldeis of Gilcolmstone " had been 
arrested. Cautioner Alexr. Thome in [illegible]. 

I Provost Rutherford was proprietor of Northfield at this period. Mr. A. M. Munro's 
Piovosts of Abd., p. 115. 

s 137 



Aberdeenshire Sheriff Court: 

1608. 

Septr. 8. Loosing of Arrestment. Wm. Irving of Murthill v. John Strauchane in Baires- 

hill and David Baxter & Alexander Meanie in Contla v. the said John Strauchane. 
Irving's arrestment was of the peats, corn, &c., cast and sown upon "the greines of 
Eilstoun and Muir of Bingwall," while Baxter & Meanie alleged against Strauchane 
the spoliation of their sheep. Cautioner John Carnie (not designed). 

Discharge, Delivery of Title Deeds, &c. George Craufurd of Annachie in 
favor of John Gordone, eldest lawful son of the late James Gordone of Barrak. Crau- 
furd (First) judicially acknowledged receipt of (i) a Charter granted by the late James 
Gordone of Haddo to the late Patrick Gordone in Barrak, of the lands of Eister Barrak, 
dated at Kellie 10 April 1584; (2) Charter of Confirmation by John, Lord Erskein, 
Earl of Mar, dated at Edinburgh 27 May 1589 ; (3) Precept of Clare Constat by John, 
Earl of Mar, in favor of James Gordone, as heir to Patrick Gordone, dated at Tarnewall 
25 October 1590 ; (4) Instrument of Sasine in favor of James Gordone, dated 5 January 
1590-1. Notary Wm. T^-k. (Second) Craufurd discharged Gordorc of all action of evic- 
tion, spuilzie, violence or other deed of wrong which he could lay to his charge and 
bound himself to pay 2000 merks before he "proces" against him. 

Renunciation and Discharge. Christian Eraser, wife of Wm. Irving of Beltie 
and daughter of Thomas Eraser of Durris in favor of Alcxr. Irving of Drum. A com- 
mission having been granted to James Burnet of Craigour and Mr. Robert Davidsone, 
Notary Public, as Sheriff depute and Sheriff Clerk depute in that part respectively, it 
was taken at Eister Beltie on 3 Septr., and reported of this date. The lady renounced 
in favor of the laird of Drum her rights to " Hyrne and Drumchrcine, Mylne of Hryne," 
&c., in the parish of Banchory Ternan and County of Kincardine. She also renounced 
a marriage contract provision of Jcoo merks and all her legal rights on her husband's 
death, while she accepted in full satisfaction of these and all her claims, the liferent of 
"Eister Beltie, Hill of Beltie, Mylne of Beltie, Mylne lands & Multuris thairof and 
lands of Auchinsley." 

10. Loosings of Arrestments. John Eraser of Clyntertie and Thomas Sma in Kyntor 

r r . James Myll, sometime at Blakburne. The claim was for leaving the Croft at Blak- 
burne before the term and for past due rent. Cautioner David Andersone in Mains. 

14. Alexr. Eraser in Brothcrfield v. James Brabner, burgess of Abd. The crop some- 

time belonging to John Orum in Rubislaw had been taken possession of by Brabner, 
while Eraser claimed that it had been disponed to him. Cautioner Alcxr. Brabner, 
burgess of Abd. 

16. Mr. Robert Lumisden of Auchinlek v. David Fynnie, then in Altrie. Cautioner 

Robert Keyth of Auldmad. 

24. Margaret Mclntoshe and William Sutherland of Duffus, her husband, i<. Alexr. 

Forbes of Colqueiche. It does not appear what the claim here was ; but a written 
Obligation, with clause of relief dated 18 Septr., was produced by Mr. Robert 
Paip, as procurator for Alexr. Forbes of Towie, the cautioner. 

138 



Judicial Enactments: Vol. IL, Contents 

1608. 

Sept. 23. Loosings of Arrestments. John Forbes of Petsligo and his tenants of Bannamone, 

Keak, Carnequhyne and Cowboig and Win. Irving of Murlhell v. Alexr. Irving of 
Drum and Davidsone in Corsgicht. Forbes' arrestment was against the Laird 

of Drum and his tenants of Grissehill, Brownhill and Bomakellie, while William 
Irving's referred to a part of Allathen. Cautioner Patrick Davidsone, burgess of Abd. 

Alexr. Alshioner in Kirktoun of Echt v. Donald Gordone in Kirktoun of Echt. 
Cautioner Matthew Youngsone, burgess of Abd. 

Alexr. Abircrombie of Pitmedden r. James Leslie in Buchanstoune. Cautioner 
Alexr. Seingzcour, burgess of Abd. 

Mr. Wm. Forbes of Mainy v. Wm. Merser in Sonnahard. Forbes claimed from 
Merser certain rents and others for " twa pleuchis land of Carnculie." Cautioner 
Alexr. Blakhall, mailman in Abd. [Signature cancelled]. 

26. The same v. the same. Apparently the same claim. Cautioner Duncan Blakhall 

in Sleipiehillok. 

Octr. I. Gilbert Scherar, burgess of Abd., v. George Ogilvie, flesher there. The claim was 

for 20, the price of an ox said to have strayed and been "houndit" away by Ogilvie's 
"doigis." Cautioner Wm. Blackball, mailman, burgess of Abd. 

Alexr. Fraser of Forrest v. John Murres, Andrew Innes, and others, occupiers of 
Stethlie [? Strathellie] in the parish of Relhin, and Patrick Chalmer at the Mylne of 
Strechin and another, occupiers of the lands of Strechin. Corn sown "upon the South 
syd of the Hill of Mormond and West newk thairof besyd lhal pairt of the samen hill 
callit Slauriehill and on the West syd of the said Stauriehill." Cautioner Thomas 
Burnet, burgess of Abd. 

4. James, Earl of Murray, v. Wm. Cruickshank in the Seatis and Alexr. Symmer in 
Lairshill. Corn sown upon the " South and West syd of the Reid burne." Caulioner 
Win. Setoune of Disblair. 

5. William, Jean, Agnes, Margaret and Cristiane Hay, lawful children of ihe lale 
Andrew Hay in Crcmond Gorthe, v. John Meldrum at the Mylne of Sauphak. The 
complaint here was that Meldrum had wrongously intromitted with the effects of Ihe 
late Alexander Keyth of Carnes and Annas Keylh, his wife. Caulioner Alexr. 
Meldrum in Auld Craig. 

6. George Gordoune of Terpersie v. Thomas Allardes in Bruklis. Claim for renl of 
the sunny half lands of Bruklis crop 1608. Cautioner Win. Barclay in Pitdoulsie. 

7. The Provost, Baillies and Council of Abd. v. Gilbert Menzeis of Petfoddellis and 
Robert Symsone his tenanl in Gelkquhomstoune. Corns " upon Ihe Southe syid of 
the fauld callit the Theifis fauld of Gelkquhomstowne." Cautioner James Menzeis, 
burgess of Abd. 

139 



Aberdeenshire Sheriff Court: 

1608. 

Octr. 8. Loosings of Arrestments. Gilbert: Wass. sometime in Cullis, v. Wm. Mylne 

in Cultis. Cautioner John Carnie, burgess of Abd. 

11. Mr James Forbes of Woodland v. Mr. Robert Maitland of Auchincreiff and David 
Straquhan his tenant of Afflek. Corn crop growing upon Afflek, described as situated 
in the parishes of Ellon and Tarves or Chrystis Kirk, shorn and unshorn. Cautioner 
Peter Maitland, burgess of Abd. 

12. James, Earl of Murray v. Wm. Ray in Toux. Corn crop on the South and 
West side of the " Reid burne of Fintray." Cautioner James Jhonstoune of 
Baudindauche. 

William Forbes of Thornetowne v. Wm. Setoun of Blair. Crop sown by Setoun 
and his tenants on that part of Blair " callit the Bodfeild." Cautioner Alexr. Pantoune, 
Portioner of New Rane. 

13. John Leslie of Wardes v. James Merstowne and Janet Forbes, widow of Wm. 
Farquhar, both tenants of Auquhorsk under John Leslie of Petcapill ; also John Leslie 
of Flinderis v. the same parties. The part of the lands of Auquhorsk in the parish of 
"One" on which crop was arrested was called " Neddermyir [or Middermyir] and 
Fauldheids." Cautioner Alexr. Farquhar in Auquhorsk. 

Leslie of Wardes and Leslie of Flinderis v. Alexr. and Walter Farquhar in 
Auquhorsk. In this case the Farquhars are described as occupiers of Auquhorsk under 
James Mortymer of Craigiwar. The places are named as in the foregoing entry. 
Cautioner James Merstowne in Auquhorsk. 

22. Alexr. Cuming of Culler v. Robert Forfar in Bingzell. Peats on the lands of 

Bingzell. Cautioner Patrick Forfar, burgess of Abd. 

Alexr. Banerman of Wattertowne and John Innes of Elrick v. James Craigmyill in 
[illegible] and Janet Ogstowne, widow of Robert Craigmyill at the Mylne of Mekill 
Elrick. Cautioner John Kynneir, burgess of Abd. 

Novr. IO. Wm. Lindsay in Bredfuird of Auchlevin v. John Leythe and John Davidsone in 

Edingerrak. Lindsay's claim was for having been evicted from Edingenak by Leythe 
and Davidsone. Cautioner John Leythe, burgess of Abd. 

II. Witchcraft. The Crown?;. Agnes Chapman in Finzeis. Alexander Findlay in 

Finzeis bound himself that the accused should appear on 23 Novr., to be tried for the 
alleged " wiching of umquhill Cristian Fraser, sumtyme Ladie Meldrum." 

Procuratory. Margaret Blakhall, only daughter and apparent heir of the late 
Wm. Blakhall of that Ilk, with consent of Mr. Andrew Mortoun, Minister of Fowllis, 
her husband, appointed Mr. Robert Paip, Mr. William Barclay, and Mr. John Leythe, 
all Advocates in Aberdeen, to be her procurators for obtaining her served heir to her 
father by either special or general service. 

140 



Judicial Enactments : Vol. IL, Contents 

1608. 

Novr. 12. Loosings of Arrestments. James Forbes of Lethintie v. Andrew Ross in 

Fechill. Claim for past due rent of Fechill. Cautioner Walter Buchane in Ard- 
lethin. 

James, Earl of Murray, and John Gordone in Wester Fintray, v. John Wod at the 
Mylne of Fintray. Peats, &c., alleged to be within the bounds of Wester Fintray. 
Cautioner James Gordone of Breakay. 

14. John Hay of Knappisleisk v. Robert Cuming, sometime in Knappisleisk, then at 

Mylne of Wass Birness. Claim for past due rent. Cautioner Alexander Cuming, 
burgess of Abd. 

Renunciation and Discharge. John Gordone in Tombeig and Elspet Irving his 
wife in favor of John Gordone in Inzeane. John Gordone in Inzeane, who was father 
of John Gordon in Tombeig, had provided for the payment to his son and daughter-in- 
law of 1000 merks at his death. This provision was now renounced and discharged, 
the young people agreeing to accept whatever the elder man should either give or 
leave to them. 

1 6. Renunciation and Discharge. Marjorie Elphingstoune, wife of Walter Inncs 

of Ardtaneis, renounced her terce of Ardtaneis, reserving her conjunct fee and life- 
rent of the Mill, Croftis and others contained in the infeftment made to her husband 
and her by the Laird of Wardres. 

19. Loosings of Arrestments. Thomas Gordone in Mylne of Dess v. James 

Davidsone in Kincardyne. Certain debts were alleged as the cause of this arrestment. 
Cautioner John Gordone of Tilliquhodie. 

Mr. Alexr. Cheyne in Auld Abd. v. John Mylne in Chapeltoune. Cheyne, alleging 
himself to be legator of the late Dame Helenor Bruce, Lady Essilmont, claimed teind 
victuall from Mylne. Cautioner Arthur Pantoune in Allathein. 

22. Renunciation and Discharge. Isobell Leslie, wife of Patrick Leslie of Chepel- 
toune, renounced in favor of George Leslie of that Ilk, all right or claim she might 
have to any part of the " landis or leiwing" of the Barony of Leslie, and specially 
eight oxengait of Auld Leslie "callit the eist pleuche " thereof. Certain reservations 
were made, and a reference was introduced to a Contract between the parties signed on 
previous day. 

Renunciation and Discharge. Margaret [Her]vie, wife of Bartholl Leslie of 
Chepeltoune, granted in favor of George Leslie a renunciation similar to the imme- 
diately preceding entry ; but the special renunciation was of the lady's rights to the 
Corn Mill of Leslie, &c. 

141 



Aberdeenshire Sheriff Court t 

1608. 

Dec. 1 6. Judicial Bond and Obligation to Remove. John Leslie, burgess of Abd., 
Elizabeth Leisk his wife, and Henry Sinclair 1 of Auchinfranco her son, granted in 
favor of John Touche, burgess of Abd., a Bond for 20, payable 10 at Martinmas 
and 10 at Whitsunday following, and an obligation to remove, under penalty of 
100, from a tenement of foreland upon the West side of the Gallowgate, belonging to 
Touche, which is described in the entry, at Whitsunday 1609. 

17. Loosings of Arrestments. Mr. John Cheyne of Petfichie v. Thomas and 
Alexander Gordone in Fechill. Claim for the rents of the " fyift part of the towne and 
landis of Tanerae " in Logybuchan. Cautioner Alexr. Pantone in Cragie. 

The Procurator Fiscal v. George Malice in Thomsonishill. The charge was the 
stealing of four ells of cloth. Cautioner Win. Watsone in Carnie. 

Gordone of Haddo v. George Dowertie in Schethyne. Claim for rent, 
&c., in connection with the occupation of Ardchedlie in Tarves. Cautioner John 
Middiltoune, Baxter, burgess of Abd. 

28. Alexr. Forbes of Finzeis v. Alexr. Findlay in Phillaw and Alexander Findlay the 

elder. Claims in connection with the occupation of Finzeis. Cautioner Mr. George 
Bodie, burgess of Abel. 

1609. 

Jan. 16. Discharge of Legitim, &c. George Johnston, eldest son of the late Wm. 

Johnstowne in Kayismylne, and Janet Keyth his wife, in favor of Gilbert Johnstowne 
of Muirtowne and James Johnstowne of Baudindauche and others. The sum in con- 
sideration of which this discharge was granted was 300 merks and 22 55, which was the 
granter's share of a sum of 1000 merks lent on wadset on the lands of Kingudie in 
Bourtie. 

1 8. Loosings of Arrestments. Thomas Moir'in Lethintie v. Alexr. Paip in 
Conglas. Cautioner Mr. Robert Paip, Advocate in Abd. 

21. Paull Menzeis of Kynmundie v. James Ray there. Claim for rent. Cautioner 

George Craigheid in Kynmundie. 

Alexr. Banerman of Watertoune v. Thomas Craigmyll at the Brigend of Fywie. 
Thomas Craigmyll had been intromitting with the estate of the late Robert Craigmyll 
his brother, against whom Banerman had a claim in connection with the occupation of 
Elrick in Deer. Cautioner John Gordone of Ardlogie. 

27. John Gordone of Tilligreig, Sheriff Depute of Abd., v. Wm. Elphinstowne in 
Auld Craig. Cautioner Mr. Patrick Cheyne at the Mylne of Auchry. 

28. Alexr. Howet in Newhillis v. Walter Steiwin in Boigfarlie. The " allegit 
spoilzeatioune of tua meiris, ane thairof blak and ane other gray." Cautioner Patrick 
Donaldsone, burgess of Abd. 

i For the general service of Sinclair, vide p. 38 supra. 
142 



Judicial Enactments : Vol. IL, Contents 



1609. 

Febry. 15. Loosings of Arrestments. The Provost and Baillies of Abd. v. Gilbert 

Menzeis of Petfoddells and Robert Symsone his tenant in Gelkquhomstowne. The 
Provost and Baillies had arrested the "faill" which Menzeis and Symsone had 
" cassin upone the Wast end of the Cardowne fauld of Gelkquhomstowne." Cautioner 
James Menzeis, burgess of Abd. 

17. Robert Bowman in Strauthdoune z 1 . Wm. Stewin in Ord, Auchindoir. Claim for 

Bowman's wife's "bairns pairt of geir." Cautioner Mr. Ilendric Ross, persoune of 
Ryne and Essie. 

24. Andrew Stewin, burgess of Abd., v. Alexander Craigheid in Abd. Ten bolls of 

malt arrested in the hands of Wm. Blakhall, maltman. Cautioner James Craigheid, 
Indweller in Abd. 

Mch. 13. Elspet Fraser in v. Wm. Abirnethic in Knokleythe. A money claim. 

The precept for arrestment was issued by Mr. John Home, Baillie of the Barony of 
Frendraucht. Cautioner Alexr. Cruikschank, burgess of Abd. 

31. John Seytoune of Meldrum v. George Crichtoune of Tillikerrie. Arrestment 

used to secure the rents of Cattie. Cautioner George Leslie of Crechie. 

April 4. Revocation of Deeds granted in Minority. David Forbes of Puttachie, 
stating himself to be under 21 years of age, revoked generally all writings granted 
by him to his disadvantage, and specially an obligation, whereby he had become 
cautioner to John Gordone of Crabistoune on behalf of John Forbes of Tillikerrie. 

7. Loosing of Arrestment. George Gordone, elder, and George Gordone, younger 

of Terpersie, v. Duncan Cowtis in Myln of Cowlie. Special arrestment of corn, &c., 
at Mill of Keig. The Gordons had a claim for " comptis and rakiningis " with Cowtis. 
Cautioner John Mylne, Tailzeour in Abd. 

15. Renunciation, Ratification and Obligation. Agnes Gordoune, widow of Alexr. 
Banerman of Wattertoune, and Alexander Banerman of Wattertoune were the grantors 
in the following circumstances : The deceased laird of Wattertoune had obliged 
himself to convey in certain proportions to Arthur Seytoune in Abd. and Helen 
Abirnethie his wife, George Seytoune of Schethin, George Seytoune at the Mylne of 
Saphak, and Bessie [?] Lowson his wife, and Alexr. Seytoune in Cheppelltoune of 
Essilmont, certain roods, &c., boat and white fishing in the Burgh of Newburgh, and 
also the East side of the town and lands of Bomakessie in Ellon. The widow had 
doubtless certain claims on these, so that before the transaction was carried out it was 
necessary to obtain this renunciation and ratification. On the other hand, Alexr. 
Banerman bound himself to provide to her the liferent of the Mains of Wattertoune. 

22. Loosings of Arrestments. Thomas Gordone in Abd. v. Thomas Tailzeour in 

Abd. Cautioner Gilbert Davidsone, Tailzeour, burgess of Abd. 

May 3. Mr. Wm. Barclay, Procurator Fiscal, and Mr. Richard Irving of Hilloune T. James 

Brabner, burgess of Abd. Cautioner Mr. Patrick Cheync, burgess of Abd. 

'43 



Aberdeenshire Sheriff Court : 

1609. 

May 10. Loosings of Arrestments. Isobell Symsone in Badiforay and John Robertsone, 

Notary Public in Clunie, v. Andrew Lasone in Kirktoune of Touche. The female 
pursuer was sister and apparent heir and successor to the late Patrick Symsone, 
with whose effects Lasone had been intromitting. Cautioner Wm. Gardyne, Skynner, 
burgess of Abd. 

13. Annas Fraser, lawful daughter of the late Alexr. Fraser of Mekill Creichie, and 

Robert Keylhe of Auldmad, Mr. Andrew Keythe, Persoune of Kineduard, and John 
Hay, burgess of Abd., her curators, v. Margaret Innes, widow of John Fraser of 
Creichie. The claim by Annas Fraser was for bairns' part of gear arising on her 
father's death. Cautioner John Keythe in Auchtilair. 

16. Arthur Forbes of [?] Badiforay v. Alexr. Forbes in Brumhill. Cautioner Wm. 

Touch in Arsballache. 

17- Dame Girsell Stewart and W. Seytoune of Meldrum her husband v. James 

Gordoune, Younger of Lesmoir, and his tenants and servants in Carvethinis. Peats 
cast by Gordoune and his people " within the Moss of Carvethinis and Gerreis," in the 
parish of Drumblait. Cautioner Alexr. Jaffray, Baillie, burgess of Abd. 

19. Judicial Obligation. James Craigheid and Alexander Craigheid his son in favor 
of Robert Irving, second lawful son of Mr. Richard Irving of Ililtoune, Sheriff Depute 
of Abd. The amount acknowledged was 100 merks, being the value of certain farm [or 
rent] beir which was due to Irving by the Craigheids. The presiding judge was Mr. 
Richard Irving, the father of the creditor. The real debtor was Alexander Craigheid. 

20. Loosing- of Arrestment. Gilbert Bard of Auchmedden v. John Cruikschank in 
Glencuthill and Wm. Cruikschank his son. Claim for rents of Glencuthill, which was 
said to be situated in the Barony of Glendowachie. Cautioner Wm. Keir in Auch- 
reinie, whom John Keyth of Northfeild, submitting himself to the jurisdiction of the 
Sheriff of Abd., bound himself to relieve. 

27. Assault Blood-drawing. The Sheriff v. George Wood in Glasco. The 

charge was of "hurting, vending, and bluid - drawing of Wa. Elmslie, George 
Elmslie his sone, and Wa. Elmslie in Thainstoune, and hurting of the said Wa. 
Elmslie's wyif, and also hurting of Duncane Elmslie's wyif, quhairby scho pairtit with 
bairne." Cautioner Wm. Forbes in Auchequhorsk. 

30. Assault Blood-drawing. The Crown and Sheriff v. Duncan Elmslie in 
Rachehill. The charge against Elmslie was of the "crewell and unmerciful hurting, 
vonding, and bluid-drawing of Wa. Chessour in Gasco [Glasco] upon the Sabothe day, 
quhairbe he is apperandlie to depairt this present lyif." Cautioner Ilendrie Robert- 
sone, Cordoner, burgess of Abd. 

31. Assault Blood-drawing. The Crown and Sheriff v. James Chessour in Ley- 
ludge. James Chessour was charged with the "hurting, vonding, and bluid drawing 
of Wa. Elmslie in Thainstoune, Wa. and George Elmsleis in Wretoune, upon the 
Sabothe day, quhairbe they ar appeirandlie to depairt this present lyif, and for 
distructione of ane bairne quhilk Duncane Elmslie's wyif is pairtit with." Cautioner 
Walter Cheyne in Tillibin. 

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Judicial Enactments : Vol. IL, Contents 



1609. 

June 2. Assault Blood-drawing. The Crown and Sheriff v. James Chessour in 

Glascoforrest. The charge here was of assaulting the three Elmslies mentioned in the 
preceding Act. Cautioner John Keyth in Tertowie. 

3. Loosings of Arrestments. George Meldrum of New Mylne v. Wm. Jamesone at 

the New Mylne of Auchterles. Rents of New Mylne claimed. Cautioner Arthur 
Chalmer, Indweller in Abd. 

Wm. Leask of that Ilk v. John Davidsone in Belscampie. Arrears of rent of 
Belscampie claimed. Caulioner David Davidsone in Crowden. 

Wm. Straquhin, Elder of Glenkyndie, v. Gilbert and John Robertsone at the 
Mylne of Auchnagat. Arrears of rent claimed. Cautioner John Erskyne of Bal- 
hagertie. 

Discharge of Wadset. James Forbes, sometime in Auchquheirthin, then in 
Milneboy, in favor of Mr. Robert Gordoune and Katherein Irving his wife, and James 
Forbes of Lethintie. A plough of the Middle third of the lands of Fechill had been 
alienated by James Forbes of Lethintie and Fechill, with power of redemption on pay- 
ment of 600 merks. To the right of redemption Lethintie had constituted Gordoune 
and his wife assignees, so that on payment by them the debt was discharged. 

Loosings of Arrestments. John Leyth of Harthill v. Wm. and Robert Abir- 
crombie in Kenells and Alexr. Abircrombie of Birkenboig. Peats, c., in the moss 
" callit the Coikmoss lyand within the parochin of Rane." Cautioner Hector 
Abircrombie of Wasthall. 

Mr. John Ross, Minister at Clunie v. James Forbes in Rannallache. There was 
specially arrested a sum of ^100 in the hands of John Kar at the Milne of Clunie. 
Cautioner Arthur Garzeauch in Carnecowlie. 

5. Assault Blood-drawing. The Crown and Sheriff v. Wm. and George Elmslie 
in Wretoune. The charge was in terms similar to those recorded a few days earlier, the 
injured men being Wm. Chessour in Glasco and John Gray in Auquhrinnc. Cautioner 
James Andersone, Litster, burgess of Abd. 

6. Loosings of Arrestments. Lilias Craufuird, widow of Robert Lines of Elrick, 
and Alexr. Banerman of Wattertoune v. Alexr., Wm., and James Pettindreiche in 
Quythill and Loskedlie. Both pursuers were arresting independently for rents. 
Cautioners David Craik in Burnegrains and Richard Symsonc in Dilspro. 

7. Patrick Leslie of Kincraggie and George Leslie apparent thereof v. Andrew 
Straquhin in Tilliemair. Claim for rent. Cautioner Micheall Youngsone, Saddler, 
burgess of Abd., whom John Forbes of Tillekeirie bound himself to relieve. 

Mr John Lumisden at the Brig of Done v. Thomas Watsone in Murcar. Claim 
for alleged wrongous intromission with a ewe. Cautioner Alexr. Gordoune in 
Kethokismylne. 



Aberdeenshire Sheriff Court : 

1609. 

June 7. Loosings of Arrestments. Alcxr. Leslie, son of the late Alexr. Leslie in 

Raithes, v. Robert Merser in Auld Abd., and Agnes Hervie his wife. A money 
claim. Cautioner Henry Mow tray in Wastfeild. Mr. Arthur Watt, Advocate in 
Aberdeen, joined in Merser's obligation to relieve the cautioner. 

8. John Vilsone in Chrystis Kirk v. George Layng, burgess of Abd. A money 

claim of 4. Cautioner John Leslie of Lergie. 

10. John Kellie in Teiltie [Tavelty] v. James Cruvis in Auquhorsk. The alleged 

spuilzie of " ane broune hornit kow." Cautioner George Tailzeour in Auquhorsk. 

Renunciation and Discharge. Isobell Leask, wife of Adam Gordoune, the 
brother german of the " Richt Honorabill" George Gordoune of Gicht, renounced 
lor a consideration of 2500 merks all her right to the " tua pairt landis of Mains of 
Leask," c., in favor of William Leask of that Ilk, and her husband consented. 

13. Removing. Walter Cheyne of Arnage and Wm. Cheyne in Essilmont v. 
Gilbert Watsone in Lammermure in the Barony of Arnage. Watsone consented to 
remove. 

14. Loosings of Arrestments. Alexr. Abircrombie of Birkinboig, Wm. Abir- 
crombie in Kemmells, and Robert Abircrombie at the Mylne of Pettmedden v. John 
Leyth of Harthill and his tenants of Lowess, Bonitoune and Kirktoune. Peats, &c., 
in the moss "callit the Coikmoss and Moss of Kirktoune of Rane." Cautioner George 
Leyth in Kirktoune of Une [Oyne]. 

21. Andrew Keyth of Karnetradlen v. Thomas Fraser of Lytill Kinnadie and his 

tenants. Peats, &c. Cautioner James Keyth of Kinnadie. 

30. Wm. Gordone of Abirzeldie v. Nicholl Inchemedden in Medler, James Broune 

there, William McKic there, Robert Jaffray there, and Isobell Hunter there. Peats, 
&c., cast upon the West part of the " Hill of Fair" as part and pertinent of Wm. 
Gordone's lands of Ballogie in the parish \sic\ of Ballogie. Cautioner Thomas Burnet 
of Craigmyll. 

July I. Renunciation. Isobell Lumisden, wife of Patrick Forbes of Drumlasie, renounced 

in favor of Arthur, Lord Forbes and James Forbes his natural brother the town and 
lands of " Waster Tolmaids," in the Barony of Cluny and parish of Kincardin. 

6. Revocation by a Married Woman. Katherine Hay, wife of John Donaldson, 
burgess of Abd., on the narrative that her husband had compelled her to give her 
consent to a certain contract, and on the ground that a clause had been surreptitiously 
added after the clause of registration and insertion of the names of witnesses, now 
revoked her consent. A number of persons are mentioned in the entry, and the 
' ' New Colledge of Elgyne " is referred to. 

7. Manslaughter. The Crown and Sheriff v, Thomas Adame in Auchinquhirie. 
The accused was charged with the slaughter of John Chrystie, minor in Tilliboy. 

146 



Judicial Enactments: Vol. IL, Contents 

1609. 

July 8. Loosings of Arrestments. James, Earl of Murray, Lord Doun, &c., v. John 

Wod of ihe Millon of Fintray and others. Peats, &c., cast in "the Commounlie and 
out bounds of the lands and townes of Easter and Wester Fintrayis." Cautioner 
James Gordone of Brakay. 

14. John Irving of Petmurchie v. Nicoll Ross of Auchlossin and his tenants. Peats, 
&c., said to have been cast within the bounds of Petmurchie. Cautioner John 
Farquharsone of Cloak. 

15. John Leslie of Petcapill v. Wm. Forbes, Fiar of Bairnes. Peats, &c., upon any 
part of the lands of Thorntoun. Cautioner Wm. Forbes, burgess of Abd. 

Deforcement and Assault. Alex. Andersone, Sheriff Officer, and James Bonar 
v. John Jamesone in Drumallachie. Bonar, who was apparently Anderson's assistant, 
was assaulted and Anderson deforced. Cautioners James Tosheauche in Drumallachie 
and Archibald Reid in Elphehillok. 

15. Loosings of Arrestments. Robert Forbes of Brux v. Thomas Bonar in Macher's 
hauche. Peats, c., on the West side of Macher's hauche. Cautioner John Gordoune 
in Geauche. 

1 8. Wm. Chalmer in Petmedden and Wm. Thome in Boiginwis v. David Galloway in 
Standingsteanis. Cautioner John Lumsden, Baxter, burgess of Abd. 

19. Discharge of Wadset. Thomas Spens, second son of Thomas Spens, then in 
Bruntsteane, granted in favor of James Gordoune, younger of Lesmoir, a discharge for 
the sum of 4800 merks, and released the Lands of Peireismylne, c., in Drumblade. 

Loosings of Arrestments. Paull Menzeis of Kinmundie v. John Leithe of 
Engerek [Edingarrak], Adam Gordoun of Boigholl, and Agnes Keythe his wife. Leithe 
was proprietor of the North half of Boigholl, and Gordoun and his wife of the South 
half. The corns and peats sown and cast by them and their tenants upon part of the 
Hill of Drumnagair, which Menzeis claimed, and which is very fully described in the 
entry, had been arrested. Cautioner George Lang, burgess of Abd. 

22. Alexr. Gordoun of Lytill Gowill v. Wm. Forbes of Logiefintray. Peats, &c., 

upon the ground and moss of Suaillend. Cautioner Mr. George Hervie of Kinermeit. 

26. Charles Chalmer in Waster Fintray v. Robeit Chalmer in Waster Fintray. 
Peats, &c., upon the Hill of Saphak. Cautioner Mr. Wm. Ray, burgess of Abd. 

John Leithe of Edingarrak, Agnes Keythe, liferenter of the South half of Boig- 
holl, and Adam Gordoun her husband v. Paull Menzeis of Kynmundie. This was 
evidently a cross arrestment to the one referred to in the entry of 19 July. Cautioner 
James Menzeis, burgess of Abd. 

27. John Bruce at the Meikill Mylne of Esselmont z/. Patrick Ligertwood in Bourhills, 
Thomas Cattow there, and John Thomson in Ulaw. Money claims. Cautioner Wm. 
Mowtray, occupier of eight oxengait of Parvinnes. 



Aberdeenshire Sheriff Court : 

1609. 

Augt. 5. Loosings of Arrestments. Wm. Chalmer in Auchquhortie and John Chalmer 

his son v. Alexr. Chalmer in Fredclahill. Cautioner George Gnrdoun in Boginjohne. 

9. Alexr. Richie in Braka v. Michael Strathe in Abirdour. Cautioner John Tailzeour 

in Abirdour. 

12. John Kar in Clunie v. John Watsone in Wairdheid. A claim for 25 merks of dot 

and tocher promised to Kar by Watsone, with his sister Margaret Watsone. Cautioner 
Wm. Watsone in Auchinclaithe. 

Wm. Michell at the Kirk of Tyrie v. Edward Michell in Tyrie. A claim for three 
bolls of bere. Cautioner Robert Perk in Rothnachie. 

15- George Jhonsloune, burgess of Abd., v. Mr. Richard Irving, burgess of Abd. The 

arrestment was laid on rive barrells of salmon due to Irving by Gilbert Dowie as rent. 
The fish were said to have been taken by Dowie from Irving's "half netis salmond 
fisching in the Kingis Keawill of the Water of Done." The fish were also said " to 
be markit on the said Mr. Richard his merk as his maill fische." Cautioner Thomas 
Donaldsone, burgess of Abd. 

16. Wm. Thome and Agnes Jaffray his wife v. Hector Abircrombie of Wasthall and 

his tenants. Thome and his wife agreed that, notwithstanding an arrestment used by 
them in Abircrombie's hands against Wm. Leith, burgess of Abd., the victuall arrested 
might be delivered. 

19. James Reid in Camphell v. J'lhn Auld in Balvak and John Wilsone there. 
Cautioner James Clark alias Roye in Cluny. 

21. Alexr. Cuming of Cultar v. Robert Forfar in Binghill. Corn sown " be northe 

and be wast the Den of Murthill," alleged to be within the bounds of Bainshill, belong- 
ing to the laird of Culter. Cautioner James Cowpar, burgess of Abd. 

26. Alexr. Irving of Drum v. Alexr. Cuming of Cultar and his tenants of Hollmill. 

Corn sown " on the east syde of the Burne of Leuchar and northe syde of ane croft 
callit Tailzeours croft, occupeit be Williame Donald on the southe syde of the stryipe 
callit the Keill stryipe of the Hollmill." Cautioner John Gordone, lawful son of 
George Gordone of Terspersie. 

24. Thomas Spence in Bruntstane v. Thomas Spence in Dummuis. Cautioner James 

Andersone in Dunbenan. 

Sept. 2. Robert, Gilbert, Margaret, Marjorie, James and Janet Smyth, children and 

executors of Wm. Smyth in Artrochie v. Wm. Buchane in Meikill Artrochie. 
Cautioner John Vilguis in Artrochie. 

4. Alexr. Cuming of Cowter v. Alexr. Irving of Drum and his tenants of Craigtoune. 

Corn, &c., sown " be northe or be eist the Gallic boge " or " uponne the eist syde of 
the Burne of Leucher." Cautioner Mr. Gilbert Ross, burgess of Abd. 

6. James Gordone, Fiar of Newtoune, v. Alexr. Reid, sometime in Knokinbard, 

then in Lencheoch. Cautioner Robert Forbes in Auldtoune of Wardes. 

148 



Judicial Enactments: Vol. IL, Contents 

1609. 

Sept. 6. Tutory. Alexr. and Adam Jaffray, children of the late Adam Jaffray in Cortheis. 

Micheall Jaffiay in Cortheis, who had been appointed tutor by letters under the great 
seal, dated 17 June preceding, accepted office, took the oath defideli, and found Alexr. 
Jaffray, burgess of Abd., as Cautioner. 

14. Loosings of Arrestments. James Gordoune, apparent of Lesmoir, 

Gordoune his son and apparent heir, and Alexr. Gordoune of Lesmoir his father, v. 
Thomas Gordoune in Artlache. Corn, &c., upon the lands of Tilliminet. Cautioner 
John Gordowne of Badinzone. 

James, Earl of Murray, v. Wm. Setoune of Disblair, Alexr. and Wm. Symmer in 
Lairshill, and Wm. Cruikschank in Seittis. Corn, &c., upon the West and South of 
the " Reid burne." Cautioner John Meldrum of Ordley. 

Wm. Forbes of Corsinday v. Wm. Forbes of Petflug and his tenants. Corn, &c., 
sown " within the Strathe of Meikill Endovie." Cautioner Arthur, Lord Forbes. 

18. Assythment Mr. Alexr. Irving, Advocate in Abd., v. Thomas Fraser of Doiris. 

By this act Alexr. Burnet, burgess of Abd., became cautioner for the laird of Durris 

that he should pay to Irving 1000 merks as assythment for the slaughter of Thomas 

- Burnet of Cokardie by his sons Thomas and Mr. Patrick Fraser. Irving was stated to 

be nearest kinsman of the deceased on the mother's side. 

20. Loosings of Arrestments. John Feichie, servitor to the guidmane of Carnbady v. 

Robert Perk, indweller in Abd. " Tvva blak quyeks " had been arrested. Cautioner 
Andrew Ewin, burgess of Abd. 

Alex. Gordoune of Suaillend v. James Donald in Monycabak. Peats, &c. 
Cautioner Patrick Butter of Elrick. 

William, Lord Keyth, Master of Merschell v. Alexr. Davidsone in Perk of 
Cremound and Robert Nicoll there. Corn, peats, &c., within the bounds of the town 
and lands of [?] Saterhills. 

23. John Forbes of Echt v. John Reid in Bolquharne. What was sought was that 

Reid should remain in and manure his " tak " and pay his rent. Cautioner James 
Auchinhuiff, burgess of Abd. 

John Leithe, Apparent of Harthill, v. Adam Leithe in Mylnebiging. A money 
claim. Cautioner John Leithe of Harthill. 

24. James Gordoune, Fiar of Newtoune, v. George Leithe in Mellingsyde and Thomas 

Merschell. Crop on Mellingsyde in security of multures. Cautioner Wm. Setoune of 
Disblair. 

Nicoll Ross of Auchlossin v. Robert Carneigie of Waster Kingcardine and John 
Cowtis at the Mylne thereof. " Faill cassin upone the east syde of Nather Loche of 
Auchlossin." Cautioner John Gordoune of Tillquhowdie. 

149 



Aberdeenshire Sheriff Court 1 

1609. 

Sept. 26. Loosings of Arrestments. James, Earl of Murray, v. Wm. Forbes of Logie- 

fintray and his tenants. Corn growing upon the Reid burne and Wodheid. 
Cautioner Gilbert Johnestoune of Ouirtoune. 

27. Wm. Irving of Murthill v. Alexr. Cuming of Cowter and John Strauchine in 
Baneshill. Peats, &c., upon the " wast, northe wast and northe pairties of Binghill 
and Neilstoune." Cautioner Wm. Irving of Hollmylne. 

28. James, Earl of Murray, v. Henry Smart in New Place of Balbithen. Corn sown 
in the Moss of Waster P'inlray " callit the Moss of Saphak." Cautioner George Keyth, 
Saddler, burgess of Abd. 

28. John Arskine of Pettodrie v. Wm. Strauchin of Glenkindey, Alexr. Strauchine of 
Touxhill, and Alexr. Strauchine, Fiar of Glenkindey, and tenants. Corn sown on 
[?] Bannagait or upon the " bak moss of Auchnagat." Cautioner Alexr. Gairdyne of 
Banchrie. 

29. Alexr. Bowar v. Wm. Smith in Brounhill of Baquhollie. Corn standing on the 
lands of Jaxtoun. Cautioner Gilbert Andersone in Culcox of Schewes. 

30. Alexr. Gordoune, lawful sone of the late John Gordoune in Fuliament, v. John 
Gordoune, younger of Auchindoir. It would appear that the late Wm. Gordoune of 
Auchindoir, as tutor to Alexr. Gordoune, had arrested in the hands of John Gordoune 
60 merks due to his pupil. The young man being now of age, agreed to the loosing of 
the arrestment, reserving his claim for the money against John Gordoune, now designed 
as of Craig. 

Assault Blood-drawing. David Wilsone in Culcax v. George Greif in Auchin- 
creiff. Cautioner James Greif in Tiftie. 

Octr. 2. Loosings of Arrestments. Alexr. Hay of Brunthill v. Wm. Hay, apparent of 

Brunthill. Cautioner Wm. Leisk of that Ilk. 

James, Earl of Murray, v. Wm. Ray and other tenants of Middiltoune of 
Disblair. Middiltoune belonged to John Johnestoune of that Ilk, and the entry 
discloses still another dispute about ground adjacent to the Reid burne. Cautioner 
James Johnestoune, younger of Isakstoune. 

3. Thomas Dempster of Auchterless and James Dempster, Fiar thereof, v. Gilbert 

Mair in [?] Stures of Auchterless. Cautioner Wm. Leithe, burgess of Abd. 

Wm. Skeine, burgess of Abd., v. Elizabeth Leslie and Thomas Cuming, burgess 
of Abd., for his interest. The arrestment here included rents in the Burgh of Abd. 
Cautioner John Forbes of Waster Edit. 

James, Earl of Murray, v. Henry Smert in New Place of Balbithane. Corn, &c., 
sown on that part of New [? Place] Balbithane " callit Makeis Medowis and Suell of 
Finok." Cautioner Arthur Chalmer, indweller in Abd., son of the late John Chalmer 
of Balbithane. 



Judicial Enactments: Vol. EL, Contents 



1609. 

Octr. 4. Loosings of Arrestments. Wm. Straquhin of Glenkyndie and Alexr. Straquhin, 

Fiar thereof, v. John Erskyne of Balhagertie. Corn sown " betuixt the Guiss burneand 
the Walden burne quhill they cum to the burne of Banagoak," or on any other part of 
Auchnagat. Cautioner Wm. Forbes, elder, burgess of Abd. 

7. Wm. Gordoune of Saphak and Adam Gordoune of Boigholl his tutor v. James 

Innes in Annachie. The claim was for the rents of Chappeltoune of Scheiwes belonging 
to the pupil. Cautioners George Craufuird of Annachie and Patrick Cruikschank in 
Arcliffrie. 

9. Mr. John Leithe, Commissary Substitute of Abd., and Ursula Cheine his mother 
v. John Leithe in Liklieheid. Rents. Cautioner Robert Skeine of Tilliebirlache, 
brother in law of the arrestee. 

Wm. Smythe in Brounehill v. Alexr. Bower in Jakistoune. The claim here was 
for intrusion into Jakistoune, after renunciation had been made, and for violent profits. 
Cautioner Robert Smythe in Jakistoune of Bolquholie. 

10. Thomas Clerk, Fiddler in Newtoune of Premnay, v. Thomas Leslie, John Ander- 
sone, John Wilsone and James Petirie, all in Chrystis Kirk. Claim for 100 marks. 
Cautioner Wm. Senzeour, burgess of Abd. 

11. Assault Blood-drawing. Alexr. Craigie and Katherine Traill his wife v. 
Alexr. Gallaway in Murthill. A charge of the " bluid-drawing " of the female 
pursuer. Cautioner Alexr. Kempt, burgess of Abd. 

12. Manslaughter. The Crown and Sheriff v. Andrew Myntie in Waster Corss. 
The charge was "the slauchter of umquhill Wa. Mathie in Waster Corss." 
Patrick Forbes of Corss was cautioner for Myntie's appearance. 

13. Loosings of Arrestments. Mr. James Forbes of Knappernay v. Alexr. 
Chalmer at the Mylne of Keawill. Cautioner Wm. Symmer at Mylne of Keawill. 

Stephen Johnestoune in Elgan v. Elizabeth Leslie and Thomas Cuming her 
husband. Johnestoune, who was donator to the escheat of Wm. Skeyne, burgess of 
Abd., had arrested the rents due to Elizabeth Leslie as conjunct fiar of houses in 
Abd., and also the rents due to her husband. Cautioner John Forbes of Waster Echt. 

1 6. Assault Lawborrows. Robert Fiddes in Futtie, Margaret Still his wife, and 
Martin Fiddes their son v. Alexr. Fiddes and Helen Nicolsone, his wife. The charge 
was for "dinging, striking, hurting and oppressing." The penalty in case of breach 
of lawborrows was ^100. Cautioner Robert Paterson, Armorar, burgess ol Abd. 

28. Loosing of Arrestment. Wm. Reid in Petblae v. Thomas Crystie in Con- 

craiges of Ardglassie. Cautioner Mr. Andrew Bedy, Skulmaister in Fraserburgh. 

Manslaughter. The Crown v. Mr Patrick Cheine, burgess of Abd. The 
charge was of the slaughter of Walter Mowat in Colpe. Caution 300 merks. Mr. John 
Cheine of Petfeichie was cautioner for accused's appearance. 



Aberdeenshire Sheriff Court : 

1609. 

Octr. 31. 'Loosings of Arrestments. James Forbes of Lethintie v. Robert Moir at the 

Walkmylne of Bourtie. Cautioner Arthur Chalmer, son of the late John Chalmer of 
Balbithane. 

Novr. I. Patrick Thomesone in Nether Ardlethin z>. Robert Mackie in Nether Ardlethin. 

Cautioner David Meluill, servitor to Wm. Forbes of Tolquhon. 

3. Thomas Leslie in Chrystis Kirk v. Thomas Clerk in Newtoune. Cautioner George 

Gordoune, son of Wm. Gordoune of Tillieangous. 

10. Patrick Leslie of Kincragie and George Leslie, Fiar thereof v. Alexr. Andersone in 
Meikill Endowie. Cautioner John Abircrombie in Meikill Endowie. 

13. James Murray in Cranloche v. John Geills in Auchintinder. Cautioner John Leslie 
of Lergie. 

14. Renunciation and Discharge. John Leslie, apparent of New Leslie in favor of 
Andrew Leslie c,f New Leslie, his father. This was a Renunciation by the son in favor 
of the father of that part of a contract between them dated at Abd. 17 January 1605, 
whereby the father was bound to infeft the son in the lands of (i) New Leslie, &c. in 
the Barony of Leslie ; (2) Kirktoune of Chrystis Kirk and Tempill lands thereof in the 
parish of Kennethmont and Chrystis Kirk ; (3) Ederlick &c. in the parish of Premnay ; 
and (4) Inche in the parish of Inche. The rights of Janet Leslie, wife of Andrew and 
mother of John Leslie, under the contract were reserved, and John's right to twelve 
bolls of victual out the lands of Inche was not to be prejudiced. 

Loosings of Arrestments. Wm. Gray in Cowburtie and John Andersone in 
[?] Satlingraw r. Alexr. Smyth in Tyrie. Cautioner Jaspert Mowat in Cremondgorthe. 

Bessie Leslie, daughter of the late Walter Leslie, "Reider" v. Wm. Irving in 
[?] Hagis and Elspet Crechtoune, his wife. Cautioner Wm. Dempster in Knokleyth. 

15. Assault Blood-drawing. John Birnie in Aucheireis and Jean Murray, his wife 
z>. Andrew and Magnus Craik in Aucheireis. Cautioner Alexr. Fraser, portioner of 
Mensie. 

17. Loosing of Arrestment. James Forbes of Lethintie v. Andrew Ross in Fechell. 

Cautioners Andrew Barcar, Baxter, burgess of Abd. and Gilbert Keythe at "the Portis 
of Cowie." The latter renounced his own jurisdiction [Kincardineshire] and submitted 
himself to the jurisdiction of the Shcriffdom of Abd. 

21. Lawborrows. Alexr. Buchane of Auchmacoy and Wm. Buchane, his brother v. 

Mr. John Kennedy, Tutor of Carmuk. Caution 500 merks. Cautioner Alexander 
Kennedy, portioner of Asleid, brother of Mr. John Kennedy. 

Loosing of Arrestment. John \Villiamsone, burgess of Abd. v. Walter, 
Patrick, Elspet, Marjorie and Agnes, children of the late Wm. Banerman of Asleid. 
200 merks arrested in the hands of George Currour of Inchedrour. Cautioner James 
Andersone, Litster, burgess of Abd. 



Judicial Enactments: Vol. IL t Contents 

1609. 

Novr. 21. Loosings of Arrestments. Margaret Thorntowne, widow of Magnus Duff, 

burgess of Abd. v. The same. The same sum arrested. The same cautioner. 

Patrick Farfar, burgess of Abd. v. The same. The same sum arrested and the 
same cautioner. 

22. Clerk, widow of Wm. Fleger in Wastertoune v. the Representatives of 

the late Alexr. Duff of Torisoull. Cautioner Robert Keyth, burgess of Abd., whom 
Adam Duff, son of the deceased, bound himself to relieve. 

29. Alexr. Skeyne of that Ilk v. Robert Skeyne of Tillibirlauche. The claim was for 

the rents of Tillibirlauche for 1600. Cautioner Andrew Jamesone, Messone, burgess 
of Abd. 

Dec. I. Francis, Earl of Erroll v. Wm. Hay, apparent of Brunthill. The subjects arrested 

were 9 stacks of oats and 3 of bear belonging to Hay standing in the courtyard of 
Aucharnie [Auquharney]. Cautioner Walter Ord, servitor to " George Erll Merschell." 

Assault Blood-drawing'. The Crown v. Alexr. Wat at the Corn Myloe of 
Mensie. Edward Fraser in Ardmakhorne was the person assaulted. Cautioner George 
Mill at the Mylne of Forrest. 

2. Revocation of Deeds Granted in Minority. Alexr. Skeyne of that Ilk, on 
the statement that he was now within the age of 21 years and entitled to revoke deeds 
done to his hurt, in addition to a general revocation, here specially revoked a liferent 
lease of Tillibirlauche granted by him with consent of his curators to Robert Skeyne 
his father's brother. \Supra 29 Novr.]. 

12. Loosings of Arrestments. Gilbert Keyth of Aueheireis v. Alexr. Craik in 

Newtoun of Aueheireis. Cautioner Alexr. Fraser, Portioner of Mensie. 

19. Mr. Richard Irving of Hiltoune v. Andrew Wcntoune in Auld Abd. Claim for 

spuilzie of six sheep. Cautioner Mr. Robert Gardyne of Blairtoun. 

30. John Lyoune of Middiltoune v. Janet Farquhar widow of Wm. Watt in Middiltoune. 

Cautioner James Mortimer, Fiar of Cragyver, for whom Mr. Arthur Watt as procurator 
produced a cautionary obligation dated the previous day. The entry was signed by 
Mr. Watt as procurator. 

1610. 

Jany. 3. Mr. James Cargile, Doctor of Medicyne, r. Marjorie King sister german and 

Executrix of Thomas King, Burgess of Abd. and Wm. Chalmer her husband. 
Cautioners Alexr. Chalmer, Burgess of Abd. and John Roche, Minister there. 

10. Alexr. Buchane of Auchmacoy v. John Auchinhuiff in Cothill of Collistoune. 

Claim for rent. Cautioner Andrew Reid of Collistoune. 

U 153 



Aberdeenshire Sheriff Court : 

1 6 10. 

Jany. 10. Revocation of Deeds Granted in Minority. Patrick Forbes, apparent of 

Lethintie. This was a general revocation of deeds granted in minority and specially 
of an obligation to pay a tocher of 2000 merks with his sister Jane Forbes, who was 
married to James Gerauche of Kinstair. 

12. Assault Blood-drawing. Edward Mitschell in Tyrie v. Thomas Chrystisone 

in Eister Tyrie. Cautioner Thomas Cowie, Elder, Burgess of Abd. 

17. Loosings of Arrestments. Alexr. Cardno at the Kirk of Phillorthe v. James 
Dilgarnocht in Rethin. Claim for the alleged spuilzie and detention of a three year old 
brown horse. Cautioner Alexander Craufourd, Portioner of Rethin. 

Andrew Reid of Collcstoun v. Alexr. Buchane of Auchmacoy. Claim for the 
allegit spuilzie of " certane lyme." Cautioner Wm. Buchane, Burgess of Abd. 

18. John Scherar in Dubistoun r. Thomas Leslie in Chrystiskirk. A claim for/i6 
as the price of 20 lambs sold. Cautioner Wm. Sengzeour, Burgess of Abd. 

20. Examination of Havers. Provost Alexr. Rutherfurde and Mr. Thomas Menzeis, 

sometime Baillic and a Burgess of Abd. These gentlemen were summoned in a Court 
of Session action to produce any writ in their possession defining the boundaries of the 
Baronies of Findon and Torry. It was agreed by Wm. Forbes of Monymusk and Wm. 
Forbes of Portlcthin, apparent of Monymusk, who were evidently parties to the action, 
that the depositions should be taken before the Sheriff Depute in Abd. which was done. 
They both deponed that they neither possessed nor had any knowledge of such an 
" euident." 

Loosings of Arrestments. John Erskein of Balhagertie v. Gilbert Cassie in 
Bannagoak. A claim for 20 bolls victual as rent for the lands of Barrak, crop 1609. 
Cautioner James Baird in Fetterletter. 

23. John Johnestoune of that Ilk v. George Johnestoune, burgess of Abd. This dispute 
arose out of the claim made by Helen Arbuthnot, wife of John Gordon of Tilligreig, for 
the conjunct fee of the third part lands of Middle Disblair, for warranty of John Johne- 
stoune's title to which she held George Johnestoune liable. Infra 9 July 1617, 
Decree Books Vol. II. Cautioner James Lyell of Brinaleidie [or Bomaleidie], who pro- 
rogated the jurisdiction of the Sheriff of AM. 

24. Discharge of a Decree. Margaret Annand, widow of Robert Woid of Auchin- 
darge, in favor of Arthur Johnestoune in Auchindarge and Thomas Greig at the Mylne 
of Fiddes. This was a Discharge of a Decree of Eviction and Spuilzie obtained in the 
Sheriff Court. Two notaries signed the entry for the lady who could not write. 

Reset of Theft. Mr. Wm. Barclay, Procurator Fiscal v. George Johnestoun, 
burgess of Abd. The charge was for "melling & recepting of Metie Boig 1 with ane 
fang of the sowme of Five hundreth merks stowin monie and for recept of the said thif- 
teous bute." Cautioner Robert Tohnestoun of Cremound. 

I For another incident in this woman's history vide p. 15 supra. 
'54 



Judicial Enactments: Vol. EL, Contents 

1610. 

Jany. 27. Loosings of Arrestments. Alex. Buchane of Auchmacoy v. Andrew Reid of 

Collestoune. A claim for rents of Cotthill of Collestoune. Cautioner Mr. Wm. Reid, 
burgess of Abd. 

31. Alexr. Cruikschank in Ellone v, John Stewin in Coilhill. Cautioner Mr. Alexr. 

Seytoune, indweller in Abd. 

Renunciation. Agnes Gordoune, Ladie Wattertoune, widow of George Baner- 
man of Wattertoune, renounced in favor of Alexr. Banerman of Wattertoune, her son 
(for considerations arrived at by arbitration), her rights to the lands and Barony of 
Elsick in Kincardineshire [fully specified in the entry], and also to the lands and Barony 
of Wattertoune [also fully specified]. 

Febry. 7. Loosings of Arrestments. The Crown & Sheriff v. Estate of the late John 

Lintoune at the Brig of Done. Linloune was alleged "to have puttin violent hand and 
drownit himselff." Cautioner Patrick Leslie, burgess of Abd. 

9. Alexr. Forbes in Turriff v. John Tod, there. A claim for the alleged spoliation of 

" tua fir beddis." Cautioner George Cruikschank, burgess of Abd. 

17. Richard Symsone at the Mylne of Dilspro v. Marjorie Chalmer, widow of Patrick 

Ray in Denstoun. Claim for abstracted multures. Cautioner George Kyng in Grand- 
hame. 

23. Jean Merser, Executrix of Robert Merser, sometime in Tombeig, Elspet Irving, 
his widow, and John Gordoune, now her husband v. John Merser in Inver. The 
alleged spuilzie of 16 lambs, a black mare and a horse. Cautioner Wm. Lessell in 
Dillab. 

24. Removing. Gilbert Johnestoune of Muirtoune v. Andrew Weill in Barrache of 
Bourtie and Violet Forbes, his wife, who bound themselves to remove from Muirtoune 
at Whitsunday, under penalty of 500 merks. 

March I. Loosings of Arrestments. Andrew Reid of Collestoune v. Alexr. Buchane of 

Auchmacoy. Alleged spuilzie of "certane lyme steanis" out of the " Quarrell he win 
of [?] Perthudden." Cautioner Henry Buchane, burgess of Abd. 

2. Alexr. Cheyne of [f] Denneburne v. John Stot in Inverurie. Cautioner Wm. 

Adame in Muirtoune of [?] Finchane. 

Lawborrows Mutilation. Robert Baxter, Armorar, burgess of Abd. v. Wm. 
Patersone, son of the late Robert Patersone, Litster in Abd. Caution 100. Cau- 
tioner Mr. Robert Irving of Moncoffer. 

5. Loosings of Arrestments. John Lockie in Cragerne v. John Auld in Bouak. 

Cautioner Alexr. Chalmer at the Brig of Done. 

7. George Wodman in Carnebana v. James Merschell, Messenger in Perkburne of 

Fywie. Claim for the alleged Spuilzie of " fourtie aucht stains woll troy wecht pryce 
of ilk stane tuelf punds." Cautioner Andrew Duncane, Burgess of Abd. 

155 



Aberdeenshire Sheriff Court : 

1610. 

March 7. Loosing of Arrestment. The said George Wodman r. John Boige in Brigend 

of Cask. The same claim as in previous entry. Cautioner the said James Merschell. 

10. Revocation of Deeds granted in Minority. George Banerman of Asleid 
stating himself to be under 21, besides a general revocation, specially revoked a 
Bond between him and Alexr. Seytoune in Ellone. The occupation of part of 
Clayhills in Ellon was involved. The rare word " blokingis " occurs in this entry. 

Lease. Wm. Lorimer, Burgess of Abd. liferenter of Siefeild in the Barony of 
Slains and Thomas Forbes, Burgess of Abd. the Fiar thereof in favor of Agnes 
Vilguiss widow of James Gibsone in Siefeild. This act was practically a lease to 
the widow as " kyndlie tennent & occupiar " for five years, and in case of her death 
to her assignees not being " of hier degrie nor estait nor umquhill James Gibsone hir 
husband." Among the duties payable was one of "sax bollis nicill rin mett " to the 
" Kingis Colledge of Auld Abd." 

15. Loosings of Arrestments. Robert Hay, Burgess of Kirkcalclie, Thomas 

Anclersone in Cauldwalls, Messrs. Thomas Nicolsone and John I.eyth, Commissaries 
of Abd. v. Robert Lowrenstoune in Tillidcisk. Cautioner Alexr. Lowrenstoune, 
Wricht, Burgess of Abd. 

19. John Forbes, Younger of Poflug v. George Gareoche in Kiustair. Cautioner 
Robert, Commendator of Monymusk. 

April 4. John Wilsone in Bogheid of Fywie v. David Hay at the Corss of Jakstoune. 

Cautioner Alexr. Mowtray, Burgess of Abd. 

Mar. 25. Renunciation of Lease. Gabriell Stalker, Maltman, Burgess of Abd. in 

(Entered favor of Thomas Cheyne of Raniestoune. Part of the town and lands of 

out of Ferihill in the parish of Sanct Machar, of which Stalker's lease was still 

date), unexpired. 

April u. Loosings of Arrestments. Alexr. Cuming of Culter v. Robert Farquhar in 

Bindzell. Cautioner Patrick Farquhar, Burgess of Abd. 

12. David Hay at the Corss of Jakstoune v. John \Vilsone in Bogheid. Cautioner 

Walter Grant in Badequhishe. 

20. Assault Blood-Drawing, etc. The Crown v. John Muirisone at the Mylne 
of Kyntor. Muirisone was charged with the " crewell & onmercifull oppressing of 
Thomas Mackie Scuilmaister in Kyntor be cuming to the said Thomas housiss upone 
the luelt day of Apryll last by past & thair strak and dang up his chalmer doir to haue 
takin his lyf and thaireftir be passing to the said Thomas scuill and oppressing his haill 
scollerds as also for the alledgit striking of his wyif callit Mariore Ross throche the 
hand with ane chissell to the gryt effusione of hir bluid." Cautioner Thomas Moir in 
Torrieburne. 

24. Loosing of Arrestment. Patrick Gordoune of Fola and Wm. Cassie in Chepel- 

toune v. James Innes now in Annachie. Cautioners George Cruikschank in Auchter- 
ellone and Mr. Alexander Innes " Maister of Skoull " at Ellone. 



Judicial Enactments: Vol. II., Contents 

1610. 

April 28. Theft and Reset of Theft. The Crown v. Patrick Corser and Isobell Rattrie 

his wife. There was a general charge of theft and reset and " speciullie for the recept 
of the thifteous fangis of George Duthie." Cautioners Gilbert Gordoune and David 
Cargill, Burgesses of Abd. 

May 18. Renunciation of Tenancy. Mr. Robt. Paip, Advocate in Abd. for himself and 

his son Mr. Wm. Paip in favor of John Lyoune of Middiltoune of Knokinblewis. 
Some right to the occupation of six oxcngait of Middiltoune had apparently come to 
Mr. Robert Paip and his son by the death of one William Paip. This right was here 
renounced and discharged. 

Loosings of Arrestments. Dame Agnes Sincler, Countess of Erroll and 
Alexr. Gordoune of Strathdowne, her husband v. Walter Bodie in Ardiffrie. 
Cautioner Mr. George Bodie, burgess of Abd. 

19. Wm. Cassie in Chepeltoune v. David Robertsone at the Mylne of Chepeltoune. 

Cautioner Wm. Gray at the Mylne of Schewes. 

Isobell Gordoune and George Gordoune of Beldornie, her husband T. Robert 
Nisbet in Boighoill. Cautioner John Kinneir, burgess of Abd. 

21. The Marquis of Huntlie, etc., v. John Chalmer of Drumbulge. The hand of 

the Marquis in arresting was " Sir Thomas Kar of IJertho knicht factour & uptaker of 
the said nobill lord [s] lei wing." Cautioner Alexander Chalmer of Cowburtie. 

Mr. Robert Udnye of Tillicorthie v. Wm. Materis, Wm. Woid and Thomas 
Thomsone in Cowsteanes. Each of the arrestees was cautioner for the other. 

Dame Agnes Sincler, Countess of Erroll v. James Hay in Tenthenis. Cautioner 
Wm. Hay in Cask. 

Dame Agnes Sincler, etc. v. Alexr. Lowrenstoune in Uner Aucheirie. Cautioner 
Gilbert Smyth in Burnaluiff. 

23. Nicolas Wardlaw, Ladie Bonytoune v. John Blak at the Mylne of Wausbirnes. 
Cautioner David Leask of Ower Leask. 

24. Dame Agnes Sincler, etc. v. Alexr. Jamesone in Uner Aucheirie. Cautioner 
John Moir in Craigheid. 

Wm. Meldrum of Badinscoth v. James Robertsone in Bankheid of Badinscolh. 
Cautioner Patrick Gordoune in Monletie. 

25. Patrick Cruikschank in Ardiffrie v. Andrew Mylne at the Mylne of Ardiffrie. 
Special arrestment of sums of money in the hands of Andrew Gareoche in Ashallo and 
James Annand at the Kirk of Crowden. Cautioner John Mylne, Cowper, burgess of 
Abd. 

Wm. Cassie in Chapeltowne v. Thomas Mairchand in Chapeltowne of Schewes. 
" The tymer that was in the Chapeltowne" was specially arrested. Cautioner Wm. 
Gray at the Mylne of Schewes. 

May 26. Dame Agnes Sincler, etc. v. Barbara Lyndrum. Cautioner Alexr. Annand at the 

Mylne of Annachie. 

157 



Aberdeenshire Sheriff Court t 

1610. 

May 26. Renunciation. Janet Ramsay, wife of John Leslie, younger of New Leslie, 

renounced in favor of Andrew Leslie of New Leslie, her father-in-law, all rights, which 
she might have under her Marriage Contract, to the lands of Edderlick in the Parish of 
Premnay and Regalitie of Lundorris. 

28. Loosing of Arrestment. Walter Cheyne of Arnage v. Alexr. Forbes, cotter in 
Arnage. Cautioner Alexr. Reith in Tillidesk. 

Renunciation and Discharge. Katherine Irvine, wife of Mr. Robert Gordon 
of Fechill with consent of her husband and of Abraham Forbes of Blaktoune and 
George Gordoun of Coclarauchie in favor of James Ogilvie of Blarok. Ogilvie was a 
cautioner for the fulfilment of the husband's obligations under the lady's Marriage 
Contract, dated at Wester Beltie and Blarok on 21 and 30 November, 1608. By this 
Act of Court, Ogilvie was released. The lairds of Blaktoune and Coclarauchie were 
presumably bound, along with Ogilvie, so that their consent to his discharge would be 
necessary. The entry is signed by all the four granters. 

Loosings of Arrestments. Nicoll Ross, Fiar of Auchlossin v. Alexr. Chalmer 
of Balnacraig. Cautioner John Gardyne in Bellamor whom Robert Chalmer in 
Boigloche, son of Alexr. Chalmer, bound himself to relieve. 

29. Thomas Meldrum of Iden v. Robert Patersone in Home and Alexr. Makie at the 
Kirk of Kineduard. Cautioner George Forbes, servitor to the " Guidman of 
Auchintowll," to whom John Calder or Caddell in the Home granted an obligation 
of relief. 

Discharge and Assignation of Action of Spuilzie. Charles Troter, servitor 
to Alexr. Gordoune of Clunie in favor of James Smyth in Grein Ailhous. The claim 
was for a " blak hors quhyt tippit " taken from the Forrest of Brass in August 1609. 
Of his action of Spuilzie Troter discharged Smyth and assigned it to him so that he 
might sue John Nauchtie in Balbly, [Balblair] Archibald Mackie there and Andrew 
Strathquhin in Dilbrek. 

Loosings of Arrestments. Mr. Win. Burnet, Minister at Kinnernie v. Mr. 
John Ross, Minister at Cluny. The arrestment was laid on the Vicarage and small 
teinds of Drumnahoy and Bleirneill [Braeneil]. Cautioner Thomas Robertsone in 
Drum. 

John Glass in Newbigin of Ruthven v. James Gordoune in Tarow. The effects of 
the late John Gordoune of Blarok which James Gordoune was said to have intromitted 
with. Cautioner George Gordoune in Blarok. 

31. Renunciation and Ratification. Christiane Lorremer, wife of John Hay, 

burgess of Abd., in favor of Wm. Forbes of Tolquhone. John Hay had been the 
holder of Bonds (the dates of which are given) on which the names of Alexr. Fraser 
Apparent of Phillorthe, Wm. Hay of Urie, Andrew Fraser of Stainiewod, Thomas 
Fraser of Streichin, Alexr. Annand of Ochterellone, James Ogilvie of Birnes, Alexr. 
Fraser of Duris, George Craufuird of Annachie, Wm. Birnie, burgess of Fraserburgh, 
and John Greig, Tyimber man there appeared as obligants. These bonds he had 
assigned to Tolquhone. His wife's consent was taken in the manner set forth in this 
entry. 

158 



Judicial Enactments: Vol. IL, Contents 

1610. 

June I. Renunciation and Ratification. Helen Mackwilliame, wife of Arthur 

Hendersone, renounced in favor of James Gordoune of Knokaspok, all her rights 
of conjunct fee or otherwise in the lands of Clat. 

2. Loosing; of Arrestment. George Kar, younger of Benvells v. Andrew Fynnie 

in Kirkhill of Benvells, Wm. Massie there and Andrew Mitschell there. " Bigings of 
tymber werk thairin duris & windowis." Cautioner George Keyth of Glakreauche. 

Removing. Robert Thomsone in Lytill Gowill for himself and his son Walter in 
favor of John Gordoune of Tilligreig. John Gordnune of Tilligreig is in this entry 
styled heritable proprietor of Lytill Gowill in the Parish of Sanct Maucher, from 8 
oxengait of which, and the Walk Mylne thereof, Thomsone consented to remove. 

Loosing of Arrestment. Nicolas Wardlaw, Ladye Bonytoune v. John Blak at 
the Myl of Birnes. Cautioner David Leisk in the Manes of Leisk. 

i. Renunciation and Discharge. Dame Margaret Ogilvie, Countess of Merschell 

in favor of Gilbert Keyth of Troup. This was the Countess' judicial consent to and 
ratification of a Discharge of a wadset of 8000 merks held by her husband Earl George, 
over the lands of Troup. The Earl and Countess were both in Court and were stated 
to appear for themselves and James Keyth their eldest son, but they did not sign the 
entry. The contract of wadset was dated at Cuschnie 24 December 1600. 

4. Loosings of Arrestments. Alexr. Copland of Udoche v. Alexr. Keyth, 

apparent of Pettindrum. Cautioner Robert Keyth of Auldmad. 

6. W T m. Forbes of Logic Fintray and Lucras [Lucretia] Hervie his wife v. John 

Burnet in Elrick. Cautioner Alexr. Moir, Wobster, burgess of Abd. 

9. Renunciations and Discharges. Margaret Balfour, wife of John Gordoun 

sometime of Brekey and daughter of Sir James Balfour of Peitcullo, knight, in favor of 
John Lyoune of Middiltoune and Alexr. Lyoune his son, Fiar thereof. This was the 
lady's consent to and ratification of a conveyance by her husband to John Lyoune and 
his son in liferent and fee of the lands of Brekay, Maynis of Brekay . . and 
pendicles called Raebadds and Quhytwall and of the lands of Glaschaw and pendicle 
called Reidfurde, Mill of Glaschaw, Lands and Forest of Drumcowten all lying in 
the Barony of Knokinblewis. 

Sarah Leslie, wife of James Gordoune, sometime of Brekay in favor of Wm. 
Blakhall, apparent of that Ilk. A contract had been entered into between James 
Gordoune and John his brother and Wm. Blakhall affecting the Lands of Quhytcors in 
Logiedurno, which James Gordoune's wife here ratified. Alexr. Blakhall, father of 
William, appeared as procurator for his son and there is a suggestion in the entry that 
Mr. Robert Paip, Advocate, was a son-in-law of Alexr. Blakhall. Vide Supra p. 18. 

12. Loosing of Arrestment. Thomas Cowie, younger, burgess of Abd. r. 

Patrick Menzeis, burgess of Abd. Cautioner Alexr. Gray, burgess of Abd, 

159 



Aberdeenshire Sheriff Court: 

1610. 

June 22. Loosing of Arrestment. John Johnestoun in Mylnebrek r. George Clerk in 

Aden. Cautioner Win. Keyth in Perkhous. 

[?] 10. Removing and Mutual Discharge. Alex. Cuming of Cultar and John Gordoune 
of Crabistoune. A long entry occurring here seems to be the last act of a dispute 
regarding the lands of Lastis, alias Lachtis, in the Barony of Cultar, which had been 
settled by a Decree of the Court of Session in an Action of Declarator of Redemption 
at the instance of the late Alexr. Cuming of Cultar against John Gordoune. The Act 
of Court contains a consent by Gordoune to relinquish possession, a Ratification by him 
of the Court of Session Decree and an obligation that Margaret Cultis, his wife, should 
appear before a judge ordinary aud give her consent and ratification. On the other 
hand Cuming, as representing Alexr. Burnat of Leyis, who had had right to the ward, 
relief and non-entries of the Barony during the minority, and also for himself, discharged 
Gordoune of all payments that could be asked of him for his occupation of the lands. 
The original donator to the ward, &c., was Alexr. Earl of Drumfermling, Lord Fyvie, 
&c., Chancellor of Scotland, who assigned his right to the Laird of Leyis. 

29. Loosing of Arrestment. David Andersone in Litill Gowill v. Henry Ray in 

Balbithane. Cautioner Alexander Gordoune in Cowsteaines. 

July 4. Removing and Lease. Thomas Leslie in Chrystis Kirk in favor of Andrew 

Leslie of New Leslie and Andrew Leslie to Thomas Leslie, (i) Thomas Leslie bound 
himself to remove from " the Brewing of Chrystis Kirk and preueledge thairof" and to 
cause Margaret Wat, wife of Alexander Jarden, to " seas from brewing and selling of 
aill and beir." (2) Andrew Leslie let to Thomas Leslie the fourth part of the town 
and lands of Chrystis Kirk in Kennethment upon various conditions as to rent, buildings 
and keeping good neighbourhood, which are of a very interesting kind. 

n. Renunciation and Discharge. Marjorie Straquhan, wife of John Leslie, son 
of Patrick Leslie of Kyncragie, and daughter of Wm. Straquhan of Tippertie in favor 
of the said Wm. Straquhan In terms of her Marriage Contract dated in 1610 to 
which, in addition to those already named, George Leslie, the eldest son of Patrick 
Leslie, was a party, the lady discharged a wadset in her favor over the half town and 
lands of Tippertie and half of the croft called John Ross' croft. 

Loosing of Arrestment. Alexr. Irving of Drum v. John Herwie and others in 
Waster Fintray. Peats in the Moss of Saphak. The arrestees were cautioners each 
for the other. 

17. Theft and Reset. The Procurator Fiscal v. Patrick Corsar, burgess of Abd. and 

Isobel Rattrie, his wife. There was specially charged the "recept of the thifteous 
fangis of George Duchir." Cautioner David Cargill, burgess of Abd. 

Loosing of Arrestment. James Grant of Inverernane v. Inghrame Chalmer 
in Ower Invernochtie, John Moir younger in Balnabodoche, Allaster Keandiche and 
Patrick Keandiche younger in Tolloquhill and Allaster Andersone in Fynnylost. Peats 
in the Moss of Correbrak and Carnequheicht. Cautioner George Elphinstoun, Saidler, 
burgess of Abd. 

160 



Judicial Enactments: VoL IL, Contents 

1610. 

July 21. Abduction with Intent to Murder. The Procurator Fiscal v. Wm. Andersone 

in Fowlartoun of Thainstoun. The charge was of " aiming to the houss of Patrick 
Forbes in Kintoir & thair under silence and cloud of nicht and taiking the said Patrick 
furthe of his bed and haveing him to the muntaines to haue murdrit him." Cautioner 
David Meluill, servitor to the Laird of Tollquhone. 

28. Loosings of Arrestments. Paull Menzeis of Kynmundy v. John Leith of 

Edingarioche and Annas Keyth, widow of Robert Menzeis and wife of Adam Gor- 
doune, and their tenants. Another recrudescence of the dispute about the ownership 
of the Hill of Drumnagar, or, as it is here alternatively called, Middill Hill of Boighoill. 
Cautioner George Layng, burgess of Abel. 

31. James Ogilvie of Blarok v. James Ogilvie of Birness. The corn sown by Birness 

and his tenants upon the bounds of Auchleuchreis Eister and Waster, according to a 
minute description, was the subject of this arrestment. Cautioner Alexander Gordone, 
Notary Public. 

Robert Forbes of Echt v. Robert Forbes of Tillioche. Peats in the Mosses of 
Finnersie. Cautioner Johne Gordoune of Crabistoune. 

Warding. John Gordoune of Craig and Mr. John Fullartowne, Sheriff Clerk of 
Kincardine v. Walter Fraser, brother german to Sir Alexr. Fraser of Fraserburgh, 
knight. According to this entry Mr. Michael Fraser of Techmurie received, out of the 
Sheriff's ward and keeping, Walter Fraser, binding himself to re-deliver him to the 
Sheriff depute, within the house of Mr. Wm. Anderson, the Sheriff Clerk, between 9 
and 10 o'clock next morning, under penalty of .10,000, which was to be paid, if 
incurred, in the proportion of 10,000 merks to Gordon of Craig and 5000 merks to John 
Gordon, the Sheriff depute. An entry on the margin signed by the Sheriff depute 
discloses the fact that Fraser was duly presented and Mr. Michael Fraser discharged. 

Augt. i. Loosing of Arrestment. Wm. Gordoune of Abirzeldie v. Alexr. Irving in 

Auchmoir and others. Peats upon Auchmoir. Cautioner Mr. Duncan Forbes of 
Balnagask, whom Alexr. Skeine of that ilk bound himself to relieve. 

Warding. John Gordoune of Craig and Mr. John Foullertoune v. Walter 
Fraser. Walter Fraser being entered on ward with the Sheriff depute, was again 
bailed out by his friends until 5 October. The same caution was fixed as before, viz. , 
,10,000. In addition to Mr. Michael Fraser of Techmurie, there were now included 
as cautioners Alexr. Annand of Ochterellon, Andrew Fraser of Tyrie and John Fraser 
of Memsie. The place of ward was to be the dwelling-house of Thomas Cowie, elder, 
" closs and yeards thairof quhilk houss lyis upone the wast syde of the Gallowgait of 
Abd. sumtyme perteining to Wm. Wedderburne, Burgess." Liberty was given to 
Fraser should it be necessary for his health "to repos himself within Abd. and ane 
myll about the said burgh.'' The house of the Sheriff Clerk, at which he was to be 
delivered up on Octr. 5, was also on the West side of the Gallowgate. A marginal 
note testifies that ward was kept and the cautioners discharged ; but no other entry 
has been found. 



Aberdeenshire Sheriff Court : 

1610. 

Augt. 2. Loosing of Arrestment. Jeane Skeine, Ladie Buchquhyne [Balquhain] and 

John Leslie, her husband, v. Wm. Keathe of Petindrum, Marjorie Barclay, his mother, 
and others. Peats cast within what were alleged to be the bounds of Fenzeis, of which 
Mrs. Leslie was liferentrix. Cautioner Wm. Pelindreiche, elder, in Petindrum. 

3. Obligation by Liferentrix for Upkeep of Estate. John Gordoune of 
Crabistoune and Thomas Gordoune of Grandoun became cautioners for Beatrix 
Gordoune, widow of John Forbes of Echt in the following circumstances. Robert 
Forbes of Echt had obtained an order of the Court of Session to cause the lady as 
liferentrix of the lands and barony of Echt, to maintain the buildings, &c., and " on 
nowayis to waist cast doun cutt or distroye the planting or pollece " [policies] of the 
lands, " nor yit intromit with the treis, tymber, grouthe or planting of the saids woids 
& forrestis." The barony comprised lands in the three counties of Aberdeen, Banff 
and Kincardine. 

4. Loosings of Arrestments. Gilbert Leisk in Raneishill v. Patrick Cortanes in 
Petmukstoune. A sum of 9 merks in the hands of John Glennie in Raneishill was 
specially arrested. Cautioner Patrick Bisset, burgess of Abd. 

8. Duncan Bonar v. John Gillespie in Polfluig. Bonar was assignee to an arrestment 

used by Katherine Inghrame and Andrew Bonar, her husband. Cautioner Henry 
Forbes, burgess of Abd. 

15. George Andersone, Skipper, burgess of Abd. 'a. David Robertsone, Mariner in 

Futtie. Cautioner Gilbert Davidsone, Tailzeour, burgess of Abd. 

18. John Leyth of Edingerrak and others r. the tenants of Paull Menzeis of Kynmundie. 

The Peats on Drumnagair again. Cantioner James Menzeis, burgess of Abd. 

Assault Blood-drawing. Mr. Wm. Barclay, Procurator Fiscal 7.-. Wm. 
Andersone in Fowlerloune of Thansloune. The unmerciful hurting wounding and 
blood -drawing of Robert Vatsone at the Milne of Thenstoune. Cautioner David 
Meluill, servitor to the Laird of Tollquhone. 

Loosings of Arrestments. Wm. Cowper in Kintor v. Andrew Cowttis at the 
New Milne of Sachin. Cautioner James Cowttis in the Mylne of Holl. 

Wm. Cowper in Kintor r. Alexr. Glanie in Badintuch. Cautioner James 
Cowttis at the Mylne of Holl. 

25. Thomas Syme in Esselmont r. John Chene of Claymyris. Peats " in the heid of 

the wardis of the South syd of the Mains of Esselmont." Cautioner Andrew Procutor 
in Fechell. 

27. Warding. The Procurator Fiscal and Jeane Stewart and George Gardyn in 

Blairtoun, her hushand v. Andrew Davidsone in Blairtoun and Margaret Edmond, his 
wife. Mr. and Mrs. Davidsone were in ward in the Tolbooth, having been fined 
100, payable to the Fiscal, and ^100 to Jeane Stewart and her husband. They were 
released upon Mr. Robert Gardyn of Blairtoun becoming cautioner for their appearance 
on 5 Octr., " betuixt sone ryising & going to thairof " or in case of failure for payment 
by him of their fines. 

162 



Judicial Enactments: VoL IL, Contents 

1610. 

Augt. 27. Assault Blood Drawing. The Procurator Fiscal and Wm. Blak and Robert 

Forbes, his master v. Alexr. Uuncane in Petmurchie. The cautionary obligation of 
Thomas Burnett of Ennettis for the appearance of the accused was in writing and was 
presented by Mr. Robert Davidsone, Advocate, his procurator. 

Theft by Housebreaking. Robert Forbes of Eister Tolmaidis v. Alexr. 
Straquhan in Brockhollis. Straquhan was charged with " braking up of barnc 
dorris & steiling of v stein of cheissis fyw irine sommes [or scemes] with ane dowsone 
of oxin bowis & tua staigis." Cautioner Patrick Etterschank in Larnie. 

u. Renunciation and Discharge. Mr. George Herwie in Waster Disblair in favor 

of Wm. Chalmer, Portioner of Waster Disblair. This was a written document dated 
at Old Abd., 27 May, 1610, and now registered whereby Herwie renounced the shadow 
half of Waster Disblair. The witnesses were Charles Chalmer, sometime of Tillikeirie, 
Arthur Chalmer of Collehill, Alexr. Lillie in Old Abd., Robert Chalmer and James 
Chalmer, brother to Win. Chalmer, George Reidheid, servitor to Lillie, and Wm. 
Chalmer, Student. 

Septr. 3. Loosing of Arrestment. James Silver in Tullichen v. Barnat Stewart of 

Marywall, John Chopman there and Ross of Tillisnacht. The defenders 

were apparently debtors of the late Robert Burnat of Drumneochie. Cautioner John 
Forbes of Tillikirie. 

4. Sheepstealing. Mr. Wm. Barclay, Procurator Fiscal v. Robert Gardyne. 
" Steiling and merking of ane gimmer and sum lambes with uther sundrie poyntis of 
thift." Cautioner George Elphinstoune, burgess of Abd., and Sadaler. 

5. Loosings of Arrestments. James Keyth of Kynnadie v. Alexr. Mill in 
Scottismill and Thomas Glenny there. Com and grass sown and " hainit " on the 
commonty of Kynnadie. Cautioner Andrew Keyth of Carntradlein. 

6. Thomas Meingzies of Cultis v. Thomas Fraser in Cowntiswallis and Andrew 
Sangster in Pettfoddells. Cautioner Gilbert Chalmer of Cowntiswallis. 

Judicial Ratification. Alexr. Forbes, sometime of Thanstoune, and Wm. Forbes 
in Tertowie, his son, in favor of Patrick Grant of Banandalache. This was apparently 
the final act in a bit of old family history. [Supra 5 May, 1603, p. 37.] On 7 Octr., 
1609, a Discharge had been granted by the Forbes's to Patrick Grant as son and heir 
of the late Patrick Grant for 800 merks, which was the tocher promised by the latter 
with the late Janet Grant, his daughter, when she wedded with Alexr. Forbes in 1565. 
This discharge was now ratified in Court by the granters. 

17. Loosings of Arrestments. Andrew Leslie of New Leslie, John Leslie, apparent 

thereof, and Janet Ramsay, wife of John Leslie v. John Andersone in Auld Leslie. 
Claim for rents of the " Tempill landis of Chrystis kirk " and for " demolesing of the 
biging of the samen." Cautioner Wm. Leslie in the Milne of Buchanestoun. 

19. Alexr. Irving of Drum v. Alexr. Cuming of Coulter. Corn growing upon the 

" debaitabill lands lyand betuixt the lands of Craigtowne, Hollmylne and Tullioche. " 
Cautioner Gilbert Chalmer of Countiswalls. 

163 



Aberdeenshire Sheriff Court: 

1610. 

Septr. 20. Mutilation. Mr. Wm. Barclay, Procurator Fiscal v. Wm. and Andrew 

Cruickshank in Glenmallig and Wm. Durnoch in Buss of Logic Auldtoune. 
The alleged mutilation of Wm. Mowat in Logic Auldtoune. Cautioner George 
Dempster of Hassiwallis. 

21. Loosings of Arrestments. John Leslie of Flinderis v. James Merstoune and 

George I^arquhar in Auchquharsk. Corn sown upon that part of Auchquharsk " callit 
the Mother myr and St. Maluce." Cautioners Alexr. and Walter Farquhar in 
Auchquharsk. 

28. Mr. John Leith, Commissary of Abd. v John Leith of Leiklieheid. Corn sown 

upon Auchlevin. Cautioner John Skyne, burgess of Abd. 

Lawborrows. Oliver Wobster in Auchnacant v. Alexr. Reith in Tillidesk. 
Cautioner Win. Craigheid, burgess of Abd. Penalty 300 merks. 

Loosings of Arrestments. John Arskine of Bahagartie v. Alexr. Straquhan, 
Fiar of Glenkindie. Corn sown upon the part of Auchnagat " callit the laich moss." 
Cautioner Mr. Duncan Forbes of Banagask. 

Mr. Wm. Kay, Chamberlain to the Earl of Murray v. Thomas Rob and James 
Simmer in Fintray. Cautioner Wm. Simmer in Haltoune of Fintray. 

Theft. The Crown v. James Andersone in Tailtie. Cautioner George Leslie of 
Creichie. 

Octr. 10. Loosings of Arrestments. John Gordoun of Drimmes v. Patrick Kanauch in 

Auld Rein and John Kanauch in [?] Bonitowne. Cautioner John Leyth, apparent of 
Harthill. 

Gilbert Chalmer of Cowntiswallis v. Alexr. Fraser in Brotherfield. Cautioner 
James Forbes, burgess of Abd. 

John Gordoun of Drimmes v. Isobel Thomsone, widow of Wm. Kanauch in 
Ardune. Cautioner John Leythe, apparent of Harthill. 

13. John Leslie of Petcaple, John Androw in Bandache and Janet Ray his wife v. 

John Davidsone in Waster Fintrey. Cautioner John Merser, Saidler, burgess of Abd. 

Wm. Kennedy in the Kirktoune of Keonockis v. Gilbert Kay. Cautioner David 
Lesk in Lesk. 

Mr. Wm Barclay, Procurator Fiscal and Isobel Forbes, Lady Balbegno v. 
Andrew Fergusone, sometime in Nedder Kinmondie. Cautioner Gilbert Fergusone 
in Nedder Kinmondie. 

164 



Judicial Enactments: Vol. II., Contents 

1610. 

Octr. 13. Loosings of Arrestments. Wm. Bisset of Auchrenie v. Alexr. Michell in 

Achiries. Past due rent. Cautioner Robert Perk in Roynachie. 

19. Patrick Forbes in Mekill Finersie and James Patrie, servitor to Aberzeldie v. 
James Forbes in Tillanihilt. Cautioner Henry Forbes of Newhillis. 

William, Lord Keith v. James Davidsone in Dummill. Cautioner Andrew 
Laurence in Toux. 

20. John Stewin in Collhill v. Alexr. Crukschank in Ellene. Cautioner Andrew 
Ross in Fechell. 

22. Assaults Blood-drawing. The Crown v. Walter Rogar in Rothmuriall. 

Cautioner John Leslie of Duncanstoune. 

The Procurator Fiscal v. Wm. Paxtoune in New Leslie. Elspet Eadie was alleged 
to have been assaulted. Cautioner Walter Roger in Rothmuriall. 

24. Loosings of Arrestments. Robert Forbes of Echt v. Beatrix Gordoun, Ladie 

of Echt. Cautioner Adam Gordoune in Milnehilll. 

Robert Forbes of Echl v. Donald Gordoune in the Meanis of Echt. Cautioner 
Adam Duff in Auchdowriie. 

Andrew Reid, of Collistoun v. Robert Vatsone in Blairfoull. Rents of Litill 
Drumquhandill. Cautioner Peter Metland. 

29. James Andersone in Tillichetly v. Wm. Tuch in Archballa. Cautioner Wm. 

Gariach in Archballa. 

Novr. 9. Alexr. Gordoune in Waster [?] Nadye v. Adam Strauchquhane, brother and executor 

of the late Wm. Strauchquhane of Glenkindey. Cautioner Alexander Strauchquhane 
of Glenkindey, son of William and nephew of Adam Strauchquhane. 

10. Child Murder or Abortion. The Crown v. James Andersone and Barbara Kemp 

in Litill Drumquhendell. " The alledgit slauchler of ane bairne onborne." Cautioner 
Wm. Kemp in Litill Arnage. 

Loosings of Arrestments. John Leslie of Balquhane v. John Farchar in 
Felterneir. Cautioner John Robertsone in Faibbertie [or Saibbertie]. 

John Andersone in Litill Varthill v, James and Arthur Cruickschank. Cautioner 
Wm. Abircrummy in Kemmellis. 

14. Alexr. Birnie in Fraserisburgh v. James Chene in Petsligo and George Milne at 

Milne of Forrest. Claim for the wrongous comprising of his goods out of the lands of 
Thomas Birnie in Kinglasser. The cautioner for Chene was John Gordone of Craig, 
while Chene bound himself as cautioner for Milne. 



Aberdeenshire Sheriff Court t 

1610. 

Novr. 14. Judicial Ratification. Margaret Ohbyne [or Olybyne] wife of Andrew Reid of 

Collistoune. This was the ratification of an alienation of the sunny eight oxengait of 
Little Drumquhendill granted by Reid and his eldest son Gilbert to Thomas Bodie in 
Peterhead and Margaret Robertsone, his wife. 

17. Loosing of Arrestment. Beatrix Gordoun, Lady of Eacht v. John Stewin in 

the Mains of Eacht and others. 100 was claimed for malt and meal sold by the lady's 
Chamberlain to the arrestees. Cautioner David Eadie, burgess of Abd. 

19. Judicial Ratification. Magdalen Arskein, wife of John Leslie of Milntoune of 
Meikill Durnocht. The lady here ratified an alienation by her husband to Patrick 
Gordoun and Barbara Murray, his wife, of the Milntoune of Meikill Durnocht, &c. 

20. Renunciation and Discharge. Margaret Forbes, wife of James Forbes of 
Milnboy. Her conjunct fee or other right to the lands of Boquhome in Invernochtie 
in favour of John Forbes of Balquhome and Patrick Forbes, his son. 

22. Loosings of Arrestments. John Touche, elder, burgess of Abd. v. John Touche, 

younger, burgess of Abd. Cautioner James Mowat, burgess of Abd. 

Robert Dasone in Linquhanan v. George Duncansone in Linquhanan. Cautioner 
Robert Burnet, burgess of Abd. 

Win. Birnie in Fraserburgh z 1 . James Clark of Houssahill. Cautioner Mr. Alexr. 
Irving [Advocate]. 

30. Peter, Bishop of Abd. v. Alexr. Meldrum, Wm. Elphinsloune, Wm. Chopemane 

and Robert Leithe, all in Auldcraige. Cautioner John Leslie of Petcapill. 

Assaults. The Crown v. John Login in Waster Fintray. Patrick Sangster in 
Calff-fauld was alleged to be injured. Cautioner Charles Chalmer in Fintray. 

Dec. 7. The Crown v. John Davidsone in Waster Fintray. The same assault and cautioner. 

13. Loosings of Arrestments. Wm. Gordoune of Deninmad v. James Pettindreich 

in Hogsloune of Strathbogie. The multures of Milne of Knokleith were specially 
arrested. 

21. Alexr. Birnie, Merchant in Fraserburgh v. Alexr. Crowdane in Kinglasser and 
others. The spoliation of certain horses and corn, for remedy of which an action was 
depending in the Sheriff Court. Cautioner George Milne at the Milne of Forrest. 

1611. 

Jan. 16. Removing. John Cristall in Deanstoun in favor of Thomas Gordoun of Grandoun. 

From four oxtngait of the Lands of Deanstoun in the parish of Saint Machar. 

19. Loosing of Arrestment. Elspet Gray, widow of Alexr. Cullen, sometime 

Provost of Abd. v. Mr. Alexr. Cullen, burgess of Abd. What was here arrested was 
the number of 38 bolls beir or thereby due to Mr. Cullen by Gilbert Maky, indweller 
in Abd. 

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Judicial Enactments : Vol. II., Contents 

1611. 

Jany. 3. Discharge and Renunciation. James Forbes, eldest son of Abraham Forbes of 
Blaktoun, with consent of his father and also of Robert, Commendator of Monymusk, 
and Mr. Wm. Anderson, burgess of Abd. [the Sheriff Clerk] in favor of Mr. Win. 
Forbes of Mainy. The transaction here disclosed may be thus summarized. In 1592 
the late John Forbes of Tollies had disponed in wadset to James Duncan of Mairdrum, 
and Janet Lumsden his wife, in security of 1200 merks, the Lands of Corbanchrie and 
in warrandice of these, the lands of Morleich. To the letter of Reversion granted by 
Duncan and his wife on 21 March, 1591-2, Mr. Wm. Forbes of Mainy had come to 
have right, as Assignee of Alexr. Forbes of Tollies, grandson and heir of John Forbes, 
the granter of the wadset right. The holder of the security, originally granted to 
Duncan and his wife, was now apparently young Forbes of Blaktoun, whose father 
joined with him in acknowledging the payment. 

22. Perjury. Adam Wat in Nether Auchqnhartie charged with perjury in an action 

pursued by John Williamsone at the Milne of Thenstowne. Cautioner John Litilljohne 
in Drumnornay. 

26. Loosings of Arrestments. Obligation produced whereby James Merk in 

Bucharne became cautioner for Robert Browne in Buckgartie, John Brown in Tulla- 
throwie and Janet Browne in Duncanstown, whose effects had been arrested by James 
Browne in Drumferge and Margaret Wat, wife of Walter Walker in Noth. 

28. Wm. Bruncha in Clunie i>. James Crichtoune in the Newtoun of Drumblet. 

Cautioner Alexr. Burnet sometime in Chappeltowne. 

30. Gilbert Mealling in Fetterneir -v. Richard Mealling there. Cautioner John Farquhar 
in Fetterneir. 

31. Thomas George at the Milne of Fiddes bound himself to enter Arthur Johnstoun 
in Auchindarge within the Tolbooth on Feb. 5, failing which to pay to John Gordoun 
of Tilligreige [the Sheriff depute] 500 merks on Feb. 6. 

Feby. r. John Browne in Auchterles v. Alexr. Cruikschank, burgess of Abd. Cautioner 
James Gib, burgess of Abd. 

2. John Ogstoune in Bannomune v. Andrew, Alexander and Edward Craik in 

Auchiries. Obligation by Alexr. Craik in Newtowne of Auchiries as cautioner, dated 
29 January, produced. 

8. Herie Gordoune in Taertie v. John Glenie in Taertie. Cautioner Mr. John Chene 
of Petfichie. 

9. Alexander Forbes of Thainstoune v. Wm. Andersone in Fullertoun. Cautioner 
Wm. Forbes of Tolquhone, who signed " Tolquhone." 

12. Andrew Leslie of New Leslie v. Duncan Robertsone at the Kirk of Insche, John 

Hog there and Walter Michie at the Mill of Insche. Cautioner John Cruickshank, 
burgess of Abd. 

I6 7 



Aberdeenshire Sheriff Court : 

1611. 

Feby. 14. Loosings of Arrestments. John Steinsone in Crukstoune v. Alexr. Donaldsone 

in Crukstoune. Cautioner William Watsone in Leuch lands. The sum claimed here 
was 40 merks and 6 firlots victual as the price of an ox. 

Thomas Gordoun in Fechell and Thomas Reith in Craigie of Schethin v. John 
Reid in Tullimad. Cautioner Thomas Chene of Rainistowne. The claim here was 
800 merks. 

15. John Johnstoune, burgess of Edinburgh v. Andrew Richie, Skipper in Fraserburgh 

and Wm. Baxter there. Cautioner Wm. Fraser in Fraserburgh. Claim for the 
" fraucht of ccrtane tymber." 

Agnes Ilerwie, lawful daughter of Mr. George Herwie in Waster Disblair T. John 
Ilcrwie in the Peithill of Petmuk. Cautioner Patrick Steiwen in Kinmuck. 

19. Francis, Farl of Erroll and David Syme, his Chamberlain v. Mr. Alexander Bruce, 
Minister of the Kirk of Slains. Cautioner George Bruce, Sadler, burgess of Abd. 

20. Alexr. Annand of Auchterellen v. Thomas Sime in Essilmont. Cautioner Gilbert 
Chalmer of Countesswalls. 

27. Imprisonment for Debt. Robert Elshioner, burgess of Abd., by this Act of 

Court acknowledged to have received out of ward in the Tolbooth, the person of his 
brother-in-law, John Kinneir, who had failed to pay a debt of ^408 to Mr. Alexr. 
Gibsone, Clerk of Session, as Assignee of Adam Gibsone, burgess of Edinburgh. The 
act further contained an obligation by Elshioner to re-enter Kinneir to ward before 
April 15, or in case of failure to pay ,408 to John Gordoune of Tilligreig, the Sheriff 
depute, before May 10, on a charge of six days. On the margin is written "Cassatur 
hoc presens actum ex consensu partium quia plenarie persolutum et satisfactum. John 
Gordone Sref." The next Act of Court is an obligation by Adam Gordoune of Boigholl 
and Mr. James Keith of Auchrynie to relieve Elshioner of the foregoing obligation 
undertaken for Kinneir. 

Loosings of Arrestments. Gardyne, wife of Wm. Stewart of Cow- 

stonis v. Alexr. Gordoune, Wm. Materis, Wm. Wood and Thomas Thomsone, 
occupiers of Cowstownis. Cautioner W 7 m. Udney, Fiar of that Ilk, by written obligation 
dated at Tillicorthy Feb. 16. 

March 5. John Gordoun of Newtoun and Wm. Udny, fiar of that Ilk v. Elspet Cruikschank 

in Wranghame, widow of Robert Pcirrie. Past due rents. Cautioner Alexr. Pantoune, 
burgess of Abd., whom James Gordoun, fiar of Newtoun, bound himself to relieve. 

7. George Craufurd of Annachie v. Robert Boyne in Culsh of Fedderat. Cautioner 

Alexr. Gordoune in Cowstonis. 

12. Henry Tailzeour in Waster Fintray v. John Foullartoun in Waster Fintray, Robert 
Foullartcun there and Christiane Smythe there. Cautioner Robert Keathe of Strathry. 

13. John Findlater in Pettullies v. Thomas Andersone and Alexr. Goudie in Pettullies. 
Cautioner Alexr. Gordoun in Kindrocht. 

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Judicial Enactments : Vol. IL, Contents 

1611. 

March 16. Loosing of Arrestment. Cristane Smyth in Vaster Fintray v. Henry Tailzeour 

in Vaster Fintray. Cautioner Thomas Bauerlay in Logiefintray. 

18. Theft. Andrew Hendersone, Craftisman of Abd. , was cautioner for the entry of 

James Birney, Wobster, charged with stealing an ox, and other crimes. 

23. Loosings of Arrestments. John Davidsone and Elspet Blak, his wife, in 

Macktarrie v. James Stewin in Blachrie. Cautioner Wm. Singzeour, burgess of Abd. 

25. Mr. Wm. Ray, burgess of Abd. v. John Foullartoune, Robert Foullartoune and 

Christane Smyth in Waster Fintray. Cautioner Robert Keithe of Strathrey. 

April I. John Leslie of Balquhyne v. Hectour Davidsone in the New Mylne of Knokalachie. 

Cautioner James Sengzeour in Balquhyne. 

(i) James, Earl of Murray ; (2) James Tailzeor in Hedderweclc, John Porter, elder 
in Fintray, James Scherar in Dyce, Wm. Melving in Kinaldie and Robert Tailzeor in 
Fintray ; and (3) John Gumming, younger in Fintray v. Robert Aikin in Fintray. 
Cautioner James Keythe of Kinaldie. 

6. Renunciation. Walter Smythe in the Miltoune of Findone renounced the 

possession of the half Mill, etc., in favor of Andrew Menzeis in Carnerobein as at 
Whitsunday next and sold the crop and stocking to Menzeis at prices to be fixed by 
Thomas Gardiner in Badintoy and Alexander Donnaldsone in Barkleyhill, arbiters 
chosen by Smyth and Robert Gairdyne in Cuikstoune and Alexr. Mylne at Mylne of 
Marieculter as friends of Menzeis. Both parties submitted themselves to the 
jurisdiction of the Sheriffdom of Abd. By a marking on the margin dated 13 April 
the parties agreed to the deleting of the foregoing entry. 

8. Loosings of Arrestments. Alexr. Ray in Kintoir v. John Crilbes in Bromhillis 

in Kintoir. Cautioner James Donnaldsone, burgess of Abd. Claim for the spuilzie of 
" ane hroune hors ane cow ane steir with ane coyak." 

13. John Watsone in Auldgowill v. James Andersone in Peiteis milne charged with 

" melling and intrometting withe ane suord and fourtein elnes of tuedlit beding ane 
new bonnat ane belt ane purss & ane dager." Cautioner George Settoune of 
Auchinhtuff. 

Alexr. Strauchin of Glenkindie v. Walter Toux in Auchnagat. Cautioner Andrew 
Broun, burgess of Abd. 

15. William Yett in Fiddes v. Alexr. Crafurd in Rethin and Hew Crafurd of Quythill. 

Cautioner Arthur Davidsone, burgess of Abd. Money had been amsted in the hands 
of John Arskein of Balhagertie. 

30. Hectour Abircrombie in Wasthall v. George Duncane in Wasthall. Claim for 

rent. Cautioner Wm. Leithe, burgess of Abd. 

May I. Wm. Setowne of Blairis v, James Vatsone in Blakhous of Kingudie. Cautioner 

Charles Chalmer, indweller in Abd. 

y 169 



Aberdeenshire Sheriff Court : 

1611. 

May 4. Loosings of Arrestments. Wm. Forbes of Bairnis v. Alexr. Gordoune in 

Auchinhuif. Cautioner Andrew Wod at the Mylne of Ardo. 

8. George, Marquis of Huntlie z>. George Innes in . Cautioner Gilbert 
Cullen, burgess of Abd. 

Andrew Fraser of Steaniwod v. John Smythe in Cairnbrogin. Cautioner Wm. 
Hendersone in Auld Abd. 

Wm. Hay of Crimonmoggat v. Robert Mair in Litill Arnage. Cautioner Wm. 
Mair in Kinharrachie. 

9. John Forbes of Petsligo and Patrick Smyth in Ouirglassill v. Alexr. Crystisone in 
Ouirglassill. Cautioners George Car [signing Ker], burgess of Abd. and Alexr. Keythe 
of Protstounc, the latter becoming bound to relieve the former. 

14. John Forbes of Petsligo v. Wm. Forbes in Braklamoir. Cautioner Duncan Forbes 
of Bythe. 

15. John Stot v. Patrick Menzeis, burgess of Abd. Cautioner David Robertsone, 
burgess of Abd. 

1 6. Robert Smyth in Petmellen v. Thomas Comper in Taertie. Cautioner John Leisk 
tenant of four oxengait of Ballskanfie. 

Renunciation and Ratification. James Keith of Kennady renounced the 
Shadow half of the lands of Auchquhorsk in Kinnellar, in favor of Alexr. Fraser in 
Bogheids, and Margaret Fraser, Keith's wife, appeared and ratified his deed. 

18. Loosings of Arrestments. Adam Fraser of Findrach v, John Cadell in Findrach. 

Cautioner Gilbert Leslie, " Schoillmaister " and burgess of Abd. 

22. Robert Mowir in Dariaucht v. Alexr. Bower in Jakstoune. Cautioner James 

Mowat by Wm. Chalmer his procurator. 

24. Reset of Theft. John Gordoune of Tulligreig, Sheriff Depute of Abd. v. Thomas 

Dempster, Flescher in Abd. Cautioner Wm. Russell, Wobster, burgess of Abd. 
Dempster was charged with resetting sheep stolen from Auldmad. 

June 4. Loosings of Arrestments. Nicolas Wardlaw, widow of Wood of 

Birneis-Bonnitounc. Cautioners John Leslie and James Andersone, Litster, both 
burgesses of Abd. 

Robert Mutray of Clubisgowill v. James Cassie in Quhytstrypis. Cautioner Mr. 
Wm. Moir, burgess of Abd. Peats, &c., cast in the mosses of Areheidis. 

7. John Leslie of Petcapill and Wm. Seatoune of Blair v. Wm. Forbes, fiar of Bairnes. 
Cautioner Alex. Jaffray, Bailie, burgess of Abd. 

8. James Cassie [?] of Quhyitstryippis v. Robert Muttray of Clubisgowll. Cautioner 
Thomas Mutray " fyer " of Lochehills. 

I 7 



Judicial Enactments: Vol. II., Contents 

1611. 

June 10. Loosing of Arrestment. Alexr. Middiltoune " thesaurer and collectour of 

the pennilties of the paroche Kirk of Sanct Macher of Auld Abd." v, Wm. Sander- 
sone at the Brig of Done "for satisfactioune to the said Alexander of ane penultie 
imposit upone the said Wm. for committing of ane fornecatioune. " Cautioner Andrew 
Broun, burgess of Abd. 

17. Assault Blood-drawing. Wm. Duncane in Auldcraig to appear on June 

26 to answer to a charge of assaulting Wm. Suane, sometime in Auldcraig. Cautioner 
John Leslie of Petcappill. 

Removing. Elizabeth Holland, widow of John Gordoune, sometime in Enzean, 
consented to remove from Enzean in Monymusk, in favor of Wm. Forbes of 
Monymusk. 

19. Removing. Patrick Straquhan in favor of Mr. James Irving, Minister at the 
Kirk of Touch, heritable proprietor of the lands. Straquhan consented to remove 
from Ardgowes and Wodsyd in Barony of Cluny. 

20. Loosings of Arrestments. John Layng in Sklaittie v. John Tailzeour in 
Crabistowne. Cautioner John Lumsdane, Baxter, burgess of Abd. 

John Irvine, elder of Petmurchie and John Irvine, fiar thereof v. Patrick Irving in 
Carnbady. Peats, &c., in the mosses called the Perkhill of Lumphanan were arrested. 
Cautioner Patrick Ross, fiar of Auchlossin, who signed " Aperand of Auchlossin." 

28. Wm. Forbes, fiar of Bairnes v. George Leslie at the New Milne of Cremond. 
Peats, &c., arrested. Cautioner John Leslie of Petcapill. 

Wm. Forbes of Bairnes v. other tenants in Cremond, for whom Leslie of Petcapill 
was also Cautioner. The Moss of Cremond is specified in this Act. 

29. Breach of Arrestment. George Currour of Dyce and the Procurator Fiscal v. 
James Ronnaldsone in Rethis and George Crichtoune of Tullikeirie. Cautioner Mr. 
Wm. Chalmer of Waster Disblair. 

July 4. Loosings of Arrestments. Alexander Irving of Drum v. Andrew Curray, John 

Hervie, Walter Fowlar, Wm. Chalmer, John Fowlartowne, Robert Tailzeour and 
Robert Fowlartowne all in Waster Fintray. Cautioner Charles Chalmer in Waster 
Fintray. Peats cast by the parties in the Moss of Sauock in Fintray and " contigue 
adjacent " to the lands of Kinmuck. 

6. Nicoll Ross, apparent of Auchlossin v. Robert Foderinghame in the Craigtowne 

of Lumphanan, who was said to be in arrear with his rent. Cautioner Robert Irving, 
Cowper and burgess of Abd. 

II. George Ewand in Clorttiebuck v. John Davidsone in Auld Abd. Cautioner Henry 

Robertsone, Cordiner and burgess of Abd. 

1 6. Gordoune of Tulloche v. Wm. Gordoune in Kennertie. Peats cast in the 

Moss of Tulloch in the Parish of Keg. Cautioner Thomas Watsone, burgess of Abd. 

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Aberdeenshire Sheriff Court : 



1611. 

July 17. Loosings of Arrestments. Henry Annand of Orchertowne v. Patrick Ligert- 

wood in the Bowrhills of Esselmont. Peats cast in "Moss Morgone." Cautioner 
John Bruce at Milne of Esselmont. 

George Baird in Corskye v. Wm. Cuik in Urinay [or Urmay]. Peats in the Moss 
of Urinay [or Urmay] alias Coburtie were arrested. Cautioner Thomas Symsone, 
burgess of Fraserburgh. 

George Ewine in Corthibuck v. John Hendersone in Denstoune, Alexr. Huichonc 
in Carnefeild and liectour Mallice in Grandhame, who were charged with resetting 
" certane playdis and hardin." Cautioner Robert Stewart, burgess of Abd. 

24. Alexr. Gordoune of Blelack v. John Forbes of New. Peats in the Moss of 

Badachlcrache. Cautioner Thomas Esplein in Newbiging. 

27. Alexr. Fraser of and Bogheids v. Alexr. Ramsay, John Ross, William 

Findlay and James Findlay in Ardla. Peals between Ardla and Bogheids. Cautioner 
Andrew Fraser of Tyrie. 

Alexr. Annand, fiar of Auchterellone v . Alexr. Buchane in Dopmylne of Arnage, 
Gilbert Watsone in Kirkhill and John Watsone there. Peats in the Mosses of the 
Ililtoune. Cautioners Robert Paip, Advocate, David Aidie and Patrick Gray, 
burgesses of Abd. 

Augt. 3. Elizabeth Duvye, liferenler of the lands of Beildsyde and Mr. John Mortimer, her 

husband v. Thomas Mengzes of Cultis. Cautioner James Mengzes, burgess of Abd. 

8. William, Lord Keithe and his " Custumers, Bailzes and uther placemen of the 
Burgh of Peitterheid " v. Mr. Robert Gordoun of Fechill and Dame Isobel Forbes, 
" laydie Petlurg." What was arrested was " thair wictuall presentlie within ane bot 
of James Smythe of Peitterheid within the port of the samen." Cautioner James 
Schorit in Inverurie. 

9. Normond Forbes of Brakay v. Alexr. Clark in Badachell. Cautioner Hector 
Smythe, burgess of Abd. 

Alexr. Middiltoune of Berryhillock v. Hew Hebrone in Berryhillock. Peats in 
Moss of Mid Mundurnoch. Cautioner Robert Watsone in Mowrcor. 

lo. Robert Skeyne in Ramoir v. Andrew Fowler in Lying. Cautioner George Fowler 

in Drumnaheth. 

Elspit Diwie, liferenter of the Peilsyde 1 and Mr. John Mortimer, her husband v. 
Wm. Fergus in Newtoune of Murthill and Andrew Craig in Lochtiesyde. Peats beside 
the Skat Came. Cautioner Robert Forfar in Benzell. 

Judicial Discharge. Charles Currie in Middill Disblair discharged Wm. 
Fowllar in Cranboig of an obligation for 50 merks, while Fowllar and Katherine 
Symsone, his wife, discharged Currie of such claims as they might have to the goods of 
the late Christiane Symsone, who had been married to Currie. 

I In the entry of 3 August called " Beildsyde." 
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Judicial Enactments: Vol. II., Contents 

1611. 

Augt. 17. Removing. This was a. consent to remove from the sunny half lands of Newrane, 

in the parish of Kane, of which Alexr. Pantoune, burgess of Abd. was heritable 
proprietor. Those who had been warned and now consented to remove were James 
Gordoune, fiar of Newtoune, John Leithe, apparent of Ilarthill and a number of others. 
Leithe and another reserved rights, which they alleged, to the sunny half of a croft 
called Barrelldykis, founding upon a wadset granted by one Alexr. Senzour to Leithe. 

Loosings of Arrestments. John Innes of Elrick v. George Bruce in Mekill 
Elrick. Cautioners Wm. Sangster in the Fortrie and James Miln at the Mylne of 
Cauldwallis. Peats in the Reid Moss of Elrick. 

John Forbes in Tolliquhodie and Thomas Adame in Ardifork v. Alexr. Mairtaine 
in Sonhoney and James Adame in Mylneholl. Cautioner Alexr. Andersone in 
Bethlein. 

Thomas Sime in Essilmonthe v. Margaret Broune, widow of Mr. Alexr. Bruce 
in the Kirktoune of Slaines. Cautioner Wm. Bruce at the Mylne of Fortrie. 

Francis, Earl of Erroll v. Andrew Trowpe in Auchmacoy. Cautioner John 
Wobster in Dorbshill. 

22. Removing. A consent by Patrick Leith in the Kirktoune of Rain to remove in 

obedience to a warning by Alexr. Pantoune. \_Vide Supra, 17 August.] 

30, Loosing of Arrestment. Alexr. Copland of Idoche v. Wm. Gordoune of 
Buchanauchie. Cautioner Patrick Con of Auchry. Copland had arrested Gordoune's 
crop. 

Renunciation and Ratification. Elizabeth Keith and her husband, James 
Allerdes in Middilmure renounced in favor of Alexr. Hay of Delgatie all rights which 
they possessed over the lands of Mekill Artrochie, Middilmure and Tersethill. This 
they did in terms of a Contract entered into on that day between themselves on the one 
part and Hay of Delgatie and Isobcll Leslie his wife as principals, and Sir James 
Balfour of Pettullo, knight, Alexr. Joffray, Baillie in Abd. and Thomas Hay in 
Graystane as cautioners on the other part. 

31. Loosings of Arrestments. Patrick Leithe of Licklieheid v. Win. Lindsay in 
Bredfuird of Auchlevin. Cautioner Wm. Forbes, Younger, burgess of Abd. The 
rent of the half of Mains of Licklieheid was claimed. 

Margaret Inncs and Joseph Keylhe her husband v. Richard Robertsone in 
Auchires. Cautioner Alexr. Movvat in Litill Creichie. 

Sept. 2. James Keith of Kinnady and Alexr. Findlay " Milnart " in Kinnady v. John 

Andersone in Easter Fintray and Wm. Melwing in Vaster Fintray. Cautioner for 
Andersone, Archibald Beanes, Litster, burgess of Abd., and for Melwing the said John 
Andersone. 

James, Earl of Murray v. James Keith of Kinnady. Cautioner Patrick Gordoune 
in Auchrynie. 

173 



Aberdeenshire Sheriff Court t 

1611. 

Sept. 4. Loosings of Arrestments. Charles Robertsone, burgess of Abd. v. Thomas 

Davidsone, Notary Public. Cautioner Wallinteine Davidsone, indweller in Auld Abd. 

The said Thomas Davidsone v. the said Charles Robertsone. Cautioner Charles 
Chalmer sometime of Tillikiro. 

6. George Currour of Dyce v. Mr. Thomas Melving, Minister of Dyce. Cautioner 

David Kempt, Baxter, burgess of Abd. The peats cast by the Minister upon the 
Kirktoune of Dyce were arrested. 

Patrick Barclay of Towie and Michall Clark at Mill of Drumquhendill v. Thomas 
Sewane in Cautioner Mr. John Cheyne of Arnage. Multures claimed. 

Duncan Forbes of Byithe v. Andrew Ouhairnye in Quhyit Steane. Cautioner 
James Irwing in Collairlie. The corn upon the part of Quhyit Steane called the 
Quhyit Slack. 

James Gayrdyne of Blakfuird v. Robert and James Thomsone in Beakkyehill. 
Cautioner George Cruikschank, burgess of Abd. 

9. Wm. Gordoune of Balquhannachie v. Alexr. Cowpland of Idoche. [Stipra, 30 

August.] Cautioner Wm. Udnye of that Ilk. The corn growing upon the Hauches 
of Balquhannachie. 

11. Wm. Jaffrey at the Hill of Fuddes v. Wm. Auld in Auld Abd. Cautioner 

Thomas Cumyng, citiner in Auld Abd. Wrongous intromission with two horses 
claimed to belong to Jaffrey. 

Gilbert Bumet of Carneurquhey v. John Burnet at the Mylne of Leget. 
Cautioners Andrew Burnet in Toux and Wm. Thomsone in Petfour. 

14. Andrew Keythe of Cairnetradlen v. George and David Bissatt in Cairnetradlen. 

Cautioner John Chalmer, burgess of Abd. 

17. Wm. Keir in Seytoune v. Wm. Lyntoune in Westfeild. Cautioner Henry Mowtray 

in Westfeild. 

19. George Leslie of that Ilk v. John Reid in Brownye and Wm. Reid, his son. 
Cautioner Robert Burnat, burgess of Abd. 

20. Henry, Lord of Sanct Come v. James Keithe of Kinadie. Cautioner Gilbert 
Keithe of Auchireis. 

21. Wm. Downye in Hiltoune v. James Smart, Meassone in Lumphanan. Cautioner 
Andrew Gray, Meassone, burgess of Abd. 

23. James, Earl of Murray v. John Foullartoune in Wester Fintray, Robert 

Foullartoune there and Christiane Smyth, his wife. Cautioner Robert Keythe of 
Ley luge. 

25. John Davidsone at the Kirk of Fyvie v. Andrew Cumyng in Ardfork. Cautioner 

Edward Reid, Skynner, burgess of Abet. 

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Judicial Enactments: VoL IL, Contents 

1611. 

Sept. 28. Loosing-s of Arrestments. Robert Mowat of Quarrellhill v. Magnus Mowat 

at the Mylne of Colpie. Cautioner James Mowat in Smidiseat. 

Alexr. Cumyng of Culler v. Alexr. George, Messenger at the Mylne of Collairlie, 
Thomas Robert in the Wood of Drum, James Mowat in Dowaltye and Alexr. Smyth 
in Beildsyid. Cautioner Mr. Win. Davidsone, son of the late Mr. Wm. Davidsone, 
Advocate in Abd. 

Octr. 4. Wm. Forbes of Logic v. Thomas Morisone in Auld Gowell. Cautioner James 

Cassie in Quhystripis. 

II. Wm. Watsone of Haddoche v. Win. Smyth in Milnehill. Cautioner Andrew 

Nisbit at the Kirk of [? Crymond]. 

19. Margaret Banerman, widow of George Gordoune of Haddoche, v. Wm. Gib, 

sometime in Ililbray then in Bethelnye. Cautioner Thomas Cumyng, citiner in Auld 
Abd. 

21. John Johnestoune of Caskieben v. Patrick Gray in Kirktoune of Dyce. Cautioner 
Wm. Gordoune in Glen of Dyce. 

22. Judicial Obligation The Pot Fishings of Dee. John Huitchone, Laxfisher, 
acknowledged himself to be due to David Andersone a barrell of "grilses salmond 
fische." He also bound himself to pay to Andersone another barrell of " auld salmon 
fische " as rent for the occupation for the fishing of 1612, of " ane hannat of the Pot on 
the Water of Dee within the friedome of Abd." of which Andersone was liferenter. 
Both barrells were to be delivered before Lammas, 1612, and failing delivery ^40 as 
the liquidate price of each barrell was to be paid at " Latter Marie day thaireftir." 

31. Loosings of Arrestments. Alexander Forbes in Easter Echt v. Andrew 

Blakhall in Culquhorsye and Gilbert Low in Blakhillis. Cautioner John Kairnay, 
burgess of Abd. 

John Meldrum in Blakfuird v. John Watsone in Blakfuird, his father-in-law. 
Cautioner David Hay in Bogheid of Fyvye. A more formal Act than usual, notarially 
subscribed and witnessed by two notaries and four witnesses, Mr. Wm. Andersone, 
the Sheriff Clerk, being one of the former. 

Novr. I. Katherine Scherar and Robert Lumisdane, her husband v. John Stot in Boigheid, 

John Watsone in Blakfuird and John Murdo in Burrelldaills. Cautioner Adam 
Gordoune of Boghoall. The rents of Bogheids of Fyvie were claimed. 

2. Andrew Symsone in Quhyithill of Frendraucht v. Walter Toux at the Mylne of 

Auchnagat. Cautioner Andrew Browne, burgess of Abd. 

9. John Watsone in Auld Govill v. Thomas Muresone in Middill Disblair. Cautioner 

Wm. Lucas in Torryeleyth. 

Alexr. Gordoune of Tilliskeythe v. Allaster Forbes in Culquhorrie. Cautioner 
Thomas Espleine in Newbigging. " Peattis cassin in the Bonzeche." 

175 



Aberdeenshire Sheriff Court : 

1611. 

Novr. IT. Loosings of Arrestments. James Andersone in Tillichetlie v. George Forbes 

in Tertowie. Cautioner George Forbes in Auchronye. 

13. Peter, Bishop of Abd. z/. John Johnestoune in Mostoune. Cautioner Alexr. 

Setoune, apparent of Petmedden. 

Thomas Sym in Maynes of Essleinonth v. Thomas Catto in Bourhills of Essie- 
month. Cautioner James Cheyne of Pennan. 

18. Alexr. Gallavay in Standandsteanes r. David Gallavay there. Loosed of consent 

without caution. 

21. Renunciation and Ratification. Isobell Forbes, wife of James Donaldsone, 

burgess of Abd., with consent of her husband renounced in favor of James Ogilbe at 
the Mylne of Invcrbynnie and Margaret Ogilb2, his wife, all her rights of conjunct fee 
and liferent in the " sone pleuche of the tonne and lands of Auchereis " in the barony 
of " Addan " and teind sheaves thereof. 

30. Removing. The Rigs and Tails. Alexr. Blak, Maltman, burgess of Abd., 

who was tenant under John Gibsone of certain of the " Riggis and Teillis " of land 
beyond the loch of Old Abd., fully described in the entry, renounced his possession in 
favor of Gibsone and his wife, Margaret Irving. 

Deer. 2. Loosing of Arrestment. Robert Abercromby at the Mylne of Petmedden v. 

George Leslie of Creichie. Cautioner Arthur Chalmer, burgess of Abd. The 
arrestment was not the usual direct attachment of his effects in his own lands, but was 
of rents due to Leslie by certain specified tenants of his lands of Mekill Warthill. 

5. Removing. Robert Aikin in Fintray appeared and for the fulfilling of " ane 

southe faithefull promeis" made by him on 20 January 16:1, renounced in favor of Mr. 
Wm. Ray, the wadsetter of the lands, and of Wm. Melvell, his tenant, his possession 
of eight oxengait of Wester Fintray described as having been sometime occupied by 
John Gordoun, " sone to the guidmane of Carneborrow." 

7. Loosings of Arrestments. George Kyng in Grandoune v. Alexr. Pantoune in 

Behernye [? Beheruye]. Cautioner Wm. Spens in Mekill Tippertie. 

10. James Gordoune of Lcsmoir r. Barbara Barkar, widow of John Blakhall in 
Culforsie, and others. Cautioner Wm. Merser, burgess of Abd. 

11. Elspet and Jeane Gordoune, daughters of the late Wm. Gordoune in Craighall v. 
Elizabeth Gordoune, widow of Wm. Gordoune in Craighall. Cautioner Arthur Forbes 
in Cowrthillis. The rents of Craighall were claimed from the widow. 

20. Renunciation and Discharge. By this Act of Court Katherine Gordoune, 

widow of Wm. Seytoune, Portioner of Sklaittie, with consent of Patrick Gardyne, her 
husband, discharged an obligation [Supra 25 Octr. 1606, p. 94] by Mr. Wm. Seytoune, 
her eldest son, as principal, and Berrald Innes in Old Abd. as cautioner to pay her 
,100 per annum. In lieu thereof she accepted an obligation by Patrick Leslye, burgess 
of Abd. " now duelling at the Brig of Done " to pay her 100 merks per annum. 

176 



Judicial Enactments : Vol. H. t Contents 

1611. 
Deer. 28. Loosings of Arrestments. James Reid in New Mylne of Brux v. Alexr. Forbes 

in Cairneday. Cautioner Thomas Watsoune, Portioner of Casteltoune of Durris. 
1612. 

Jany. 8. James Mylne at the Mylne of Cauldwalls v. Wm. Hutcheon in Cauldwalls. 
Cautioner Robert Irving, Cowpar, burgess of Abd. 

17. Thomas Bonner in Daskie v. John Michall in Towie. Cautioner George 

Elphingstoune, Saidler, burgess of Abd. 

27. James Burgess in Crabistoune v. David Sted in Newhills. Cautioner Andrew 
Forbes, Litster, burgess of Abd. 

30. Walter Innes of Auchmule v. Gilbert Burnet, sometime in Carnnorquhey. 

Cautioner Wm. Keithe in Anden. 

Febry. 4. Patrick Barclay, younger, of Towie z>. Alexr. Folia in Towie. Cautioner John 

Cheyne of Arnage. 

u. Discharge and Ratification. Alexander Gordoune of Kethakismyln and Isobell 

Hervie, his wife, in consideration of 1000 paid by Thomas Gordoune of Grandhame, 
declared that the lands of Carnfeild in the parish of St. Machar were redeemed from 
them. 

17. Loosings of Arrestments. George Gordoune of Terpersie, Wm. Smythe in 

Auchlyne, John Glenny there, James Smythe there, John Fergus there, James Fergus 
in Segiden, Patrick Thomesone there and Thomas Umphray there v. George Scherar 
in Lerge. Cautioner Andrew Sangster in Cultercullane. 

21. John Leslie of Buchuhyne and Andrew Leslie in the New Mylne of Knokcollie v. 
Hectour Davidsone in Buithishauche. Cautioner John Wricht in Pettodrie. 

Alexr. Cuming of Coulter v. David Lindsay " Tinctcr " in Abd. Cautioner Alexr. 
Smythe, Cordiner in Abd. 

22. Thomas Fraser in Falconnariscarne v. James Burnet, Mailman in Fraserburgh. 
Cautioner Robert Burnet, burgess of Abd. 

24. Judicial Obligation. Andrew Clark in Lethintie appeared and bound himself 

to pay to Mr. Duncan Forbes of Balnagask 8 bolls of meal at " Midlentrin " and 8 
bolls of malt at " Ruidday " in respect of his occupation of 4 oxengait of Lethintie, 
crop 1611. Failing payment in kind the price was to be 8 merks per boll for the meal 
and 10 merks per boll for the malt. The payment was to be credited by Balnagask 
to a large quantity of victual due to him by James Forbes of Lethentie. 

March 4. Loosings of Arrestments. John Caddell of Easter Megvie v. John Duncan, 
Alexr. Smythe, Wm. Ronnald, Wm. Mortymer and George Coultis all in Easter 
Megvie. The arresiees were cautioners for each other. 

7. Alexr. Cuming of Culler v. John Gall, younger, in Culler. Caulioner Wm. 

Murcour, burgess of Abd. 

z 177 



Aberdeenshire Sheriff Court: 

1612. 

March 10. Loosings of Arrestments. Robert Arthour in Carnebrogie v. Patrick Leask 

and James Canzeoche both in Carnebrogie. Cautioner Alexr. Wischert, Tailor, 
burgess of Abd. The arrestment was laid on by John Johnestoune, officer to Andrew 
Fraser of Steaniewod. 

II. Alshioner Quhyt in Ludquharne i'. David Ergo in Creichie. Cautioner Wm. 
Annand in Skelmure. There was here a special arrestment of 100 merits in the hands 
of Andrew Wodman in Smallburne. 

13. Thomas Andersone in Pettullie and Mr. John Ogiluie, parson of Crowden v. Alexr. 

Gaudie in Pettindrum. Cautioner James Fynnie in Pettullie. 

18. John Leslie of Wardes r. George Leslie of Creichie and Alexr. Donald in Creichie. 
Cautioner Alexr. Blakhall of that Ilk. John Leslie was claiming 200 merks from 
George Leslie. 

19. Alex. Chalmer of Cowburtie <'. Wm. Grig in Ower Buindie. Cautioner James 
Forbes, elder, burgess of Abd. 

28. Henry Mathowsone in Lachintillie 7>. Patrick Gray in Tirriwaill. Cautioner 

Andrew Young, burgess of Abd. 

Robert. Commendator of Monymusk v. Gilbert Broun in Camphell. Cautioners 
Peter Irving in Carnebadie and John Straquhin in Foullis Mowat. 

April 13. Judicial Obligation. Alexr. Blakhall, Maltman, burgess of Abd., James Brabncr, 

burgess there, Wm. Blakhall, burgess there, Wm. Murcur, burgess there, Alexr. Mylne 
at the Mylne of Ferihill, George Walker in Ferihill, Wm. and Alexr. Cooper there 
and Wm. Smythe there all tenants of the lands and Mylne of Ferihill, bound themselves 
to pay their rents to John Lichtoune and Wm. Duncane, burgesses, as heritable 
wadsetters from Thomas Cheyne of Ranestoun, the proprietor. 

15. Renunciation. Katharein Fraser, wife of Thomas Cheyne of Ranestoun 

renounced all her rights in Ferihill and ratified the Contract of Wadset by her 
husband to the above named John Lichtoune, here designed Skipper burgess, and 
Wm. Duncane here designed Merchant burgess, dated 13 April. 

18. Loosings of Arrestments. John Leslie, elder, burgess of Abd. v. James Ranie, 

Tailor, burgess of Abd. Cautioner John Liddell, Cowper, burgess of Abd. 

22. Robert Aikin in Waster Fintray v. James Keythe of Kinadie. Cautioner Wm. 

Keythe of Auchrenie. 

John Dilgardno at the Kirk of Reathin v. Alexr. Andersone in Auchireis. 
Cautioner James Andersone in Corthiebray. 

25. John Leslie, fiar of Balquhene v. Alexr. Ronaldsone in Craigmylne. Cautioner 

Hectour Abircrombie of Wasthall. 

May 2. Alexr. Gordonc of Rothmeis v. John Leythe of Harthill and his tenants of 

Kirktoune of Rain and Luesk. Peats, etc., in the Moss of Rothmeis. Cautioner 
Wm. Forbes, burgess of Abd. 

I 7 8 



judicial Enactments : Vol. II., Contents 

1612. 

May 6. Guarantee. Magnus Mowat of Boquhollie v. Alexr. Hat in Yevvbray. Cautioner 

John Gardyne, Citiner in Auld Abd. 

Breach of Peace and Assault in a Church. Gilbert and Henry Bartlet were 
charged with " the alledgit persute of Mackie with ane drawin suord upone 

ane Sonday wilhin the Kirk of Kinkell and the alledgit wonding and hurting of George 
Mylne in Brumend within the said Kirk the day foirsaid." Cautioner Wm. F'orbes of 
Tolquhone. 

16. Loosing of Arrestment. Wm. Stewart in Macklerrie v. Alexr. Watsone in 

Steanehous of Gicht. Cautioner Robert Barclay, occupier of 8 oxengait of Meikil 
Siggat. 

26. Removing. Andrew Edmond and Andrew and Wm. Turner occupiers of 

Horscruik in Belhelvie, agreed to remove in terms of warning by George Moresone, 
burgess of Abd., the proprietor. 

Judicial Ratification. Janet Straquhin, wife of Alexr. Gardyne of Banchorie, 
ratified a contract of wadset by her husband to Gilbert Club, burgess of Abd., and Janet 
Chrystie, his wife, of the lands of Banchorie. 

29. Loosings of Arrestments. Win. Irving of Murthill v. Alexander Wat in the 
Gaitsydc of Murthill. Cautioner James Wat in Mariculter. 

30. John Leslie of Kearthine v. George Mortimer in Logiedurno. Cautioner Walter 
Mitschell in Logiedurno. 

George Leslie, Younger of Kincraigie v. John Barrie in Kincraigie and Thomas 
Lasone in Creauche. Cautioner Patrick Calder, portioner of Doirseill. 

Alexr. Fraser in Brotherfeild v. Gilbert Chalmer, burgess of Abd. Cautioner 
Patrick Con, fiar of Auchry. Money in the hands of Robert Stewart of Counteswallis 
was specially arrested . 

James Ogilvie of Birnes v. John Rob in Dudweik. Cautioner Henry Lasone in 
Artrochie. 

June i. John Leslie of Kearthine v. Wm. Mortymer, elder, in Logiedurno. Cautioner 
Wm. Mortymer in Logiedurno. 

Wm. Watsone in Beltamoir v. John Suctour in Balnaglak. Cautioner Mr. 
Wm. Reid, burgess of Abd. 

John Fraser of Clintertie v. Andrew Chalmer in Clintertie. Cautioner Charles 
Chalmer, sometime of Tillikerrie then in Abd. 

James Gareoche of Kinstair v. John Petrie in Lytill Endowie. Cautioner Patrick 
Calder, portioner of Doirseill. 

179 



Aberdeenshire Sheriff Court: 

1612. 

June 2. Discharge of a Wadset. Robert Melving, son and apparent heir of Mr. 

Thomas Melving, Minister at Kindrume [Kildrummy] appeared and acknowledged 
that he had received from Thomas Espleine in Newbiging, in name and on behalf of 
Alexander, Lord Elphinstoune, 300 merks for the redemption of the " Kirktoune of 
Kildrymie with thrie peicess of land within the bounds of Drumnahuif," which had 
been wadset by his Lordship to his deceased father. Not being infeft, Robert Melving 
bound himself to make up his title to his father and to the land before 10 November 
next or, in case of his failure to do so, to repay the money. 

Revocation of Deeds Granted in Minority. Patrick, Lord of Lindores, 
appeared and, on the narrative that, acting on evil advice, he had " interdytit " himself 
to William, Earl of Morton, and a number of other nobles and gentlemen, revoked the 
" Band of Interdictioune " and other deeds which he had granted to his hurt and 
prejudice. 

Judicial Ratification. Marjorie Cheyne, wife of John Leslie of Petcapill, 
appeared and ratified a contract made between her husband with her consent, and 
Alexr. Leslie of Auchquhorsk and Mr. Wm. Chalmer of Waster Disblair as Cautioners 
on the one part, and Archibald Beanis, alias Nicolsoune, Litster, burgess of Abd., on 
the other part. The contract (probably of wadset) concerned the alienation of Nether- 
toune of Cremound extending to four ploughs, and in warrandice of these, the lands of 
Scheillboige, Bomakendell, Ordihair and Ouirhill in Monkeigie. The contract was 
signed at Fetcapill in Septr. previously. 

4. Loosing of Arrestment. Adam Fraser of Finauche v. James Smythe in 

Kincraigie. Cautioner George Leslie of Kincraigie. 

Renunciation of Tenancy. Bessie Hatter, widow of Wm. Knox in Auchnagat, 
renounced in favour of Alexr. Straquhin of Glenkyndie her occupation of the shadow 
half of the Milnetoune of Auchnagat. 

Loosings of Arrestments. John Leslie of Wardes v. Robert Reid in Waist- 
hauche. Cautioner George Elphinstoune, burgess of Abd. 

6. Walter Ord of Ord v. Andrew Touche in Feddie and Thomas Norie there. 

Cautioner John Woid in Mylnebuye. Rent crop 1611 was claimed. 

8. Dismembration. Thomas Davidsone in Middil Disblair and Andrew Davidsone 

in Waster Disblair were charged with the " ere well & unmercifull dismembring of 
Williame Leythe sumtyme in Suttitoune of his richt gardie " [arm] "and lege." 
Cautioner William Setoun of Eister Disblair. 

10. Loosing of Arrestment. John Leslie of Wardes v. Wm. Clerk in Kemmells. 
Cautioner John Makisoune, burgess of Inverurie. 

11. Removing. Patrick Andersone, sometime in Rothmeis then in Bonytoune, 
Thomas Andersone and Robert Meanie both sometime in Rothmeis and then in 
Newtoun of Culsalmond, consented to remove from their occupations of " the tua pairt 
landis of Rothmeis " in Rane in favor of Alexr. Gordoune of Rothmeis, to whom the 
warnings of his tenants had been assigned by James Stewart, sometime heritable 
proprietor of the subjects. 

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Judicial Enactments: Vol. IL, Contents 

1612. 

June n. Mutual Discharge. Wm. Gordoun, burgess of Abd., and Alexr. Gordone of 

Suaillend appeared in Court to settle up some outstanding disputes. It appeared that 
George Gordoune of Tulloche, who was the father of Alexr. Gordone of Suaillend, 
had intromitted with the estate and rents of the late John Gordoune of Brundie or 
Bruinie, who was the father of Wm. Gordoun. For a settlement Alexr. paid 300 
merks to William and both cried quits. Harie Gordoune of Dilspro, Mr. Robert Paip, 
Advocate, and Mr. Wm. Andersone, Sheriff Clerk, who had been mixed up with the 
dispute as cautioners, were also discharged. 

Discharge and Ratification. In consideration of 2000 merks paid to him, 
Alexr. Gordone of Suaillend appeared in Court to discharge in favor of John 
Gordoune of Lentusche a wadset over the lands of Lentusche in the Parish of Rane. 
Thereafter and outwith her husband's presence, Helene Hoig, Alexr. Gordoune's wife, 
renounced her rights, and ratified the discharge. 

19. Loosings of Arrestments. Alexr. Buchane at the Doip Mylne of Arnage v. 
Wm. Hutcheone in Carnedailie. Cautioner Robert Irving, Cowper, burgess of Abd. 

20. Wm. Irving of Murthill v. Alexr. Wat in Gaitsyde of Murthill. Cautioner Wm. 
Fergussone in Newtoune of Murthill. 

24. Child Murder or Abortion. Alexr. Fraser in Fraserisburgh was under 
accusation for "the alledgit slauchter of tua bairnis in the womb of Isobell Watt, 
spous to Andrew Jaksone, Caidger." Cautioner for his appearance, Andrew 
Sandersone, burgess of Fraserisburgh, who however protested that his becoming 
cautioner should not be prejudicial to the " Regalitie of the said Burgh." 

25. Dismembration. Wm. Ray, younger, son of Wm. Ray in Toux was charged 
with the dismembration of Wm. Leythe. His father was cautioner for his appearance 
upon 31 July. 

27. Loosings of Arrestments. John Dickie, Segster at the Kirk of Deir v. Marjorie 

Knox, widow of Patrick Tuiring at the Kirk of Deir. Cautioner Patrick Cruikschank 
in Ardiffrie. 

Janet Liddinghame, widow of Win. Watsoune, sometime in Auchinhuif v. Wm. 
Forseythe, burgess of Abd. Cautioner Andrew Home, burgess of Abd. Forseythe 
was alleged to have been due 200 merks to the deceased. 

July I. Wm. Gordoune, lawful son of the late George Gordoune, sometime of 

Chappeltoune, with consent of John Gordoune of Petlurge and James Gordoune, 
fiar of Newtoune, his curators v. Elizabeth Hay, widow of George Meldrum in 
Cuschnie. Cautioner John Meldrum in Bray of Fischerie. 

George Meldrum of Haltoune v. the said Elizabeth Hay. Cautioner the said John 
Meldrum. 

3. Alexr. Crowdane in Kinglasser v. Thomas and James Birnie in Kinglasser. 

Cautioner David Birnie, Wobster and Frieman in Abd. 

181 



Aberdeenshire Sheriff Court t 

1612. 

July 4. Loosings of Arrestraents. John Knox of that Ilk v. Andrew Clerk, sometime 

in New Knox, then at the Kirk of Deir. Cautioner Wm. Keythe in Adane. 

Archibald Keythe, heritable proprietor of a plough of the lands of Kellie v. Andrew 
Johnnstoune in Kellie. Cautioner Sir Win. Keythe of Ludquharne. Claim for rent 
crop 1611. 

7. David Duncane in v. Thomas Small in Kintore. Cautioner Wm. Forbes 

of Tolquhone. 

9. Alexr. Keithe in Kintoir and Agnes Cokie, his wife v. John Knicht in 

Ilcdderweik. Cautioner Arthur Chalmer, burgess of Abd. 

Renunciation of Tenancy. Andrew Craik in the Auldtoune of Aucheireis 
renounced his occupation of the sunny plough of the shadow half of Aucheireis in 
Raithen in favor of Gilbert Keythe of Aucheireis. 

ii. Loosing of Arrestment. Alexr. Cuming of Culter and Gilbert Ronaldsone in 

Carnie v. Wm. Jerret in Cloighill. Cautioner Patrick Donaldsone, burgess of Abd. 

15. Assault Blood-drawing. Peter Woidman in Adane was charged with the 

" wrangous crewell & unmercifull dinging striking & bluid drawing of Isobel Leask, 
widow of fohn Kaidger." Cautioner Wm. Woidman in Netherauchill. 

17. Loosings of Arrestments. Andrew Gray in Peterheid v. Nathaniel Kethe of 
Lytill Cocklaw and his tenants of Invernettie and Lytill Cocklaw. Cautioner Robert 
Keythe of Turrituthill. Peats in the Moss of Quhythill. 

1 8. James Leslie in [? of] Ryhill v. Wm. Smythe in Ryhill, Wm. Clark there, John 
Neische in Ardone, Henry Kennauchie there & Thomas Lyall in Haltoune of Ardone. 
Cautioner Wm. Leslie at the Mylne of Buchanstoune. 

25. Patrick Bannerman of Bomakessic v. Andrew Ross in Fechill and John Steinsone 

there, who were cautioners for each other. Peats in the Moss of Pounotar. 

28. Gilbert Johnstoune of Peteismylne v. John Watsone in Ilalkhillok. Cautioner 
Thomas Moresone in Auld Govell. 

29. Nicolas Wardlaw, Lady Bonitoun and George Gordoun of Gicht v. Gilbert 
Tailzeour in Middilmurie. Cautioner George Bruce, Saidler, burgess of Abd. 

James Findlay in Newburgh, as assignee of Margaret Waus v. Wm. Stewin in 
Pottertoun. Arrestment loosed of consent. 

Aug. i. George Middiltoune at the Mylne of Auchtercoull v. James Gordoune of Bogaertie. 

Cautioner James Gordoun of Pronie. 

4. The Earl of Murray and Gilbert Baird of Auchmedden v. John Forbes of 

Petnacaddell. Cautioner James Forbes, Mariner, burgess of Abd. Dispute about 
the Commonly of Glencuthill and Auchmedden. 

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Judicial Enactments: Vol. IL, Contents 



1612. 

Aug. 7. Loosing of Arrestment. Helene Leythe, widow of Mr. George Leythe, son 

of John Leythe of Harthill v. Andrew Andersone, sometime in Thriefeild of Bonytoun 
[now Freefield] then in Meikill Durnocht. Cautioner Thomas Leslie in Meikill 
Durnocht. 

Manslaughter. John Kowie in Strechin was accused of the slaughter of Andrew 
Logic, son of the late John Logic in Strechin. Cautioner David Meluing, servitor to 
Wm. Forbes of Tolquhone. 

ii. Loosing of Arrestment. Alex. Dewny in Marivall [Marywell] v. John Evin in 

Beltcraigis. Cautioner Patrick Gordoune of Birsmoir. 

Assault. Alexr. Chopman in New Watterecht was accused of the " dinging & 
striking" of Thomas Wastland, Begger in Echt." Alexr. Smyth at the Kirk of Echt 
was cautioner for his appearance to be tried on " Micheall Ewin." 

14. Loosings of Arrestments. Adam Gordoun of Glenbuchet z>. Sir Alexr. Fraser 
of Fraserisburgh, knight. Cautioner Robert Steuart of Invernorthe. "The cornis 
sawin be the said Sir Alexr. upone ane pairt callit the Gaschefauldis and Gaschemoss." 

15. Alexr. Skeine of Colquhorsie v. Alexr. Collie in the Maines of Eacht. Cautioner 
Andrew Strauchin in the Maines of Eacht. Claim for rent as specified in the entry. 

Alexr. Gordoune of Rothmeis v. Patrick Andersone, sometime in Rothmeis, then 
in Bonytoune. Cautioner Andrew Andersone in Bonytoune. Claim for rent. 

17. Alexr. Straquhin of Glenkyndie v. Thomas Simsone sometime in Auchnagat, then 

in Carnenadaillie. Cautioner Hectour Davidsone of Baithishauche. Claim for rent. 

Peter, Bishop of Abd., the Provost, &c., of the Burgh of Abd., and George 
Gardyne in Blairtoun v. Mr. Robert Gardyne of Blairtoun and Isobell Stewart, his 
mother. Cautioner Mr. Alex. Gardyne, Bailie Depute of the " Bischoprick " of Abd. 
Peats cast upon a piece of land called the " Deanis Loche." 

19. Hectour Davidsone of Beithishauche z>. James Watt at the Mylne of Glaschaw. 
Cautioner John Leslie of Kearthine. 

20. Robert Steuart of Countiswalls v. Robert Thomsone in Ord. Cautioner Alexr. 
Manie in Ouircantley. The claim was the rent of the " Mylne & Mylne croft of 
Brotherfeidill " [Brotherfield]. 

The Provost, Bailies, c., of Kintoir v. Wm. Mackie and John Chalmer in 
Tofthills. Cautioner Leonard Leslie, burgess of Abd. A dispute about a part of 
Tofthills called the " Nether Dauche of Kintoir." 

24. Dismembration. The Crown and Wm. Leithe in Straloche v. Andrew Simmer 

in Easter Disblair. Cautioner Robert Beverley in Monycabok. There was an arrest- 
ment here apparently upon the dependence of an action by Leith in the Court of 
Session. 



Aberdeenshire Sheriff Court: 

1612. 

Aug. 26. Loosings of Arrestments. John Hill in Kintoir v. Donald Andersone in 

Kintoir. Cautioner David Andersone, burgess of Kintoir. 

27. Wm. Forbes of Logic v. Thomas Moresone in Auld Gowill. Cautioner Wm. 
Gordoune in Glen of Dyce. Dispute about ground on the west side of Auld Gowill 
and upon the east side of Logie [Fintray]. 

28. Wm. Leilhe in Straloche v. Andrew Davidsone in Waster Disblair. Cautioner 
Thomas Davidsone in Middill Disblair. 

29. Thomas Frascr of Strechin v. Thomas Forrest in Auchintum. Cautioners Wm. 
Craigheid, burgess of Abd. and Duncane Forrest in [?] Sacanruiff. Claim for the rent 
of land and the Walkmylne of Strechin. 

John Forbes, fiar of Polflug z: Andrew Blakhall in Colquhorsie. Cautioner Wm. 
Murcour, burgess of Abd. Corns sown upon the lands of Knokquharne. 

Septr. 2. Alexr. Fraser in Brotherfeild v. Robert Thomsone in Ord. Cautioner Alexr. 

Rait in Kearnetoune of Kennertie. 

Alexr. Irving, fiar of Lenturk v. George Leslie, fiar of Kincraigie, and his tenants 
of Tillhnair. Cautioner Patrick Leslie of Kincraigie. This dispute concerned " ane 
peice mure callit the Balintorie one the wast syid of the waird of Lenturk & cornc 
landis thairof & on the eist syid of the landis of Tillimair." 

3. Gilbert Blakhall in Colquhorsie v. John Tailzeour in Litill Finersie, Cautioner 
Henry Forbes, burgess of Abd. The rent of " ane grass hous" was claimed. 

4. Dismembration. Wm. Leithe in Straloche v. Thomas Crocat in Baddindauche. 
Cautioner James Johnestoune of Baddindauche. 

7. Loosings of Arrestments. James Grant of Inverernane v. George Forbes in 
Skelliter and John McCadgyll there. Cautioner George Elphinstoune, saidler, burgess 
of Abd. Corn sown upon ground called Dalgrcigie. 

8. Wm. Forbes of Tolquhone and John Forbes of Petnacaddell v. Gilbert Baird of 
Auchmedden and John Cowie in Lemmes. Cautioner Thomas Cowie, younger, 
burgess of Abd. A boundary dispute. 

12. Alexr. Strauchin of Glenkindie v. Bessie Haltar in the Maincs of Sauock. 

Cautioner Thomas Merscr, Notary Public in Abd. 

Alexr. Cuming of Coulter v. RoLert Broune in Schedokislcy. Cautioner Thomas 
Forbes, burgess of Abd. A claim for damage to farm buildings on Lasts. 

Wm. Sym in Middill Disblair v. John Gardyne in Eister Disblair. Cautioner 
George Gardyne in Colquhorsie. 

Martin Howesone and Thomas Forbes, burgesses of Abd. v. Robert Forfar in 
Binzell. Cautioner Patrick P'orbes, fiar of Lethintie. Corn sown near " the Kcarne" 
of Binzell and about the " Standing Steanis." 

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Judicial Enactments: Vol. IL, Contents 



1612. 

Septr. 12. Loosings of Arrestments. Alcxr. Abcrcrombie of Birkenbog z>. Andrew Sy 

in New Rain. Cautioner Wm. Forbes, burgess of Abd. 

14. Peter Maitland, burgess of Abd. v. David Aidie, burgess of Abd. Cautioner 

John Mylne, Cowper, burgess of Abd. 

1 8. Alexr. Stewin in Broikhoillis v. Alexr. Straquhin in Windiehillis. Cautioner 
Robert Hoig of Gellanc. 

Removing. Wm. Paull, alias Burnet, in Skletie consented to remove from four 
oxengait of Skletie belonging to John Gordoune of Crabistoun. 

19. Loosings of Arrestments. John Erskyne of Balhaggartie :>. Alexr. Straquhin 
of Glenkyndie. Cautioner Mr. Duncan Forbes of Bannagask. A dispute about the 
Bakmoss of Auchnagat. 

26. Martin Howisone and Thomas Forbes, burgesses of Abd. v. John Tailzcour in 

Robertstoune. Cautioner Richard Trowpe in the Maines of Coulter. 

30. George and Gilbert Blakhall, lawful sons of Alexr. Blakhall of that Ilk, and their 
father as their tutor, v. Thomas Duncane in Auldtoun of Knokinblewis. Cautioner 
John Mackiesone, burgess of Inverurie. 

Octr. 2. Patrick, Earl of Kingornc, Lord Lyone and Glamis v. Robert Joss in Leuchlandis. 

Cautioner Alexr. Annand of Ochterellone. 

5. The Earl of Kingorne v. Walter Paull in Mondurno. Cautioner Alexr. Blak, 

Maltman, burgess of Aberdeen. 

7. Henry Gibsone, servitor to George, Marquis of Iluntlic v. John Smythe in 

Quhythill. Cautioner John Gordoune of Auchanauchie. The rent of four oxengait of 
Quhythill was claimed. 

12. Assault Blood- Drawing. The Procurator Fiscal v. Thomas Smythe in Baddin- 

dauche, who was charged with having assaulted Arthur Galloway in Lauchintillie. 
Cautioner James Johnestoune of Baddindauche. 

23. Loosings of Arrestments. James Forbes of Lethintie v. George Moir in 

Lethintie, George Blakhall there, Andrew Clerk there, Thomas Alschioner there, 
Alexr. Glennie at the Mylne of Lethintie, Wm. Johnestoune in Auchinclciche and 
John Forbes in Lethintie. Cautioner Patrick Forbes, Fiar of Lethintie. 

29. Duncan Andersone at the Mylne of Echt v. Alexr. Donaldsone in Kynnernie. 

Cautioner Patrick Donaldsone, burgess of Abd. 

31. Alexr. Blair, Tailzeour, burgess of Abd. v. Robert Forbes in Auchrenic. 
Cautioner James Jamesone in Meikill Clintertie. 

Novr. 2. John Richie, son of Bartholl Richie in Quhythill of Invernettie and Wm. Keillo 

in Boddume v. Marjorie Kellie, widow of Wm. Kay in Aidie. Cautioner James Ewin 
in Slains. 
AA 185 



Aberdeenshire Sheriff Court: 

1612. 

Novr. 3. Loosings of Arrestments. James Low in Kemnay v. Wm. Andersone in 

Fowlertoune. Cautioner Adam Watt in Auchquhortheis. 

The Procurator Fiscal v. Robert Kintor, burgess of Abd. Cautioner George 
Elphinstoune, burgess of Abd. 

5. John Leslie of Balquhene r. John Davidsone, elder in Inneramsay. Cautioner 

John Davidsone there. 

II. John Gordoune of Lentusche v. George Blak in Nethertoun of Knokinglewis. 

Cautioner Alexr. Gordoune of Scheilgreine. 

Alexr. Donaldsonc in Knokincroy v. Robert Donaldsone in Invernettie. Cautioner 
George Elphinstoune, Saidler, burgess of Abd. 

Alexr. Blair, Tailzeour, burgess of Abd. as assignee of John Gray in Tartowic v . 
Robert Forbes in Auchrenic. Cautioner Mr. Duncan Forbes of Balnagaisk. 

13. John Gordoune of Lentusche r. James Sengzeour in Balquhene. Cautioner 
Thomas Moir at the Mylne of Enramsay. A sum in the hands of Alexr. Melving in 
Balquhene was specially arrested. 

Wm. Sectour in Dilquhuid v. Wm. Fraser, lawful son of Thomas Eraser of Durris. 
Cautioner Wm. Irving of Beltie. 

Murder. The Procurator Fiscal v. Andrew Gray in Perkhill of Kemnay and 
Cristiane Gray his wife, who were charged with the murder of one Elspet Johnstoune. 
For their appearance before the Sheriff for trial on I Deer., and for the loosing of an 
arrestment, John Skene, burgess of Abd. was cautioner. 

14. Loosings of Arrestments. Mr. Wm. Ray v. Wm. Forbes in Tartowie. 
Cautioner Mr. Andrew Leslie, lawful son of the late John Leslie sometime of Boigis. 
A sum of ^99 was arrested in the hands of John Bisset of Peltichie and 

widow of Thomas Glennie at Scottismylne. 

Patrick Gordoune of Nethermure v. Robert Sinclair in Auchnagatt. Cautioner 
Alexr. Straquhin of Glenkyndie. 

John Gray at the Mylne of Leask v. Patrick Snell at the Mylne of Collestoun. 
Cautioner Andrew Snell there. 

Blood-drawing and Mutilation. The Procurator Fiscal & Wm. Andersone in 
Kinglasser [the injured party] v. Troyalus Knight in Kinglasser. For Knight's 
appearance on 27 November and for loosing of arrestment, James Dalgardnoch in 
Aucheires and Cuthberd Fraser in Kinboig were cautioners. 

18. Loosing of Arrestment. George Currour, sometime of Dyce v. Bartholl Leslie. 

Cautioner George Dalgardnoch in Ardmurdo. The Multures of the Mylne of 
Femieweill were claimed. 

186 



Judicial Enactments: Vol. II., Contents 

1612. 

Novr. 1 8. Renunciation. Elspet Dumbreck wife of Henry Annand, sometime of Orcher- 

toun, renounced whatever rights she had to " Orchertoune, Smydie croft and Dowcat 
of the samen" as principal lands, and to the lands of Ulaw as warrandice lands, to and 
in favor of Arthur Setoune, burgess of Abd. in liferent and George Setoune of Schethyne 
and his heirs male, etc., in fee. 

19. Loosing' of Arrestment. Wm. Clerk in Langschawbray v. Wm. Cruikschank 
in Bilbo. Cautioner Robert. Demptster of Cuschnie. 

20. Lawborrows. Robert Bauerlay in Monycabak and Gilbert Corthanes in 
Boddumes v. Alexr. Johnestoune in Mameulauch. Cautioner Gilbert Johnestoune 
in Bonakettill. 

21. Loosings of Arrestments. Wm. Andersone in Kinglasser v. Alexr. Crowden 
in Kinglasser. Cautioner Alexr. Fraser, Portioner of Memsie. 

Deer. 5. Sir Wm. Keyth of Ludquharne, Knight, v. Helen Adamsone in Fercok. 

Cautioners Alexr. Mowat in Lytill Creichie of Deir and James Donaldsone in 
Percok. 

II. Margaret Mclntoische and Wm. Sutherland of Duffus, her husband v. Margaret 

Skeine, widow of Wm. Forbes of Pettalachie. Cautioner John Forbes of Camphell. 
The whole " maills fermes keanis customes dewiteis and dew fermes " of Pettelachie, 
Knoksoull, Kairnemuir, Boigstoun, Boig and Messonis Croft. 

15. Thomas Wilken in the Lyne v. Wm. Farquhar in Petmuckstoune. Cautioner Mr. 
James Keithe there. Farquhar's coat containing two ells of " grayis " had been 
arrested in the hands of Wm. Cowpar, Tailzeour in Ferriehill. 

Robert Stewart of Countesswallis v. Thomas Fraser there. Cautioner Alexr. 
Smylhe, Cordoner, burgess of Abd. This Act was discharged by a marking on the 
margin dated 30 July, 1614. 

16. Patrick Walker, Merchand in Tarves v. Robert Johnstoun in Tarves. Cautioner 
Andrew Howatt, burgess of Abd. 

18. Alexr. Cuming of Culter v. Robert Stewart of Countesswallis. Cautioner Francis 
Keyth, son of John Keyth of Northfeild. 

19. John Reithe in Tillimad v. Thomas Andersone in Toddelhills. Cautioner John 
Simsone in Cauldwallis et e contra. 

Alexr. Cheyne of Cauldwallis v. Thomas Andersone in Toddelhills. Cautioner 
John Simsone in Cauldwallis. 

22. Warranty of Title. Robert Cowtis in Colquhonie having sold four cows to 
Wm. Andersone in Finnalost, James Gell in Belnabodache, Patrick Andersone at the 
Kirk of Invernochtie, Thomas Hay in Bellibeg and Elspet Grassiche in Tullochaspak, 
now warranted them at all hands and specially against claims at the instance of John 
Stewin in Warthill of Lumphannand. 

187 



Aberdeenshire Sheriff Court: 

1612. 

Deer. 23. Loosings of Arrestments. Dav'd Kempt, Baxter, and Andrew Watsone, 

Wricht, burgesses of Abd. v. Thomas Thomsone, burgess of Abd. Cautioner John 
Cruikschank, burgess of Abd. 

Robert Low in Cottoune of Gicht v. George Murray in Boigheids of Fywie. 
Cautioner George Kar, Younger of Benvellis. 

28. Judicial Obligation. James Hervie, eldest son of Andrew Hervie of Elrik and 

Wm. Andersone in Boighoill and George Forbes in the Hill of Drumnagar, his tenants, 
bound themselves to deliver certain victual to Mr. Wm. Moir, burgess of Abd. at his 
house there between the feasts of Yuill & Candilmes, 1613. 

31. Loosings of Arrestments. Peter, Bishop of Aberdeen v. Lucras [Lucretia] 

Mowtray, widow of John Leyth of Edingerrak and Wm. Andersone, sometime in 
Boighoill then in Elrik. Cautioner James Hervie of Elrik. Rents of Boighoill were 
claimed. 

James, Earl of Murray v. Wm. & James Symmers and Thomas Rob all in 
Haltoune of Fintray. The parties were cautioners for each other. A claim for 
rents. 
1613. 

Jany. I. Wm. Keyth in Adane, natural son of the late Alexr. Keyth of Karnes a. Wm. 

Fywie and Elspet Nicoll in Altrie. Cautioner Gilbert Gordoun, burgess of Abd. 

2. Margaret Gardyne, widow of Wm. Stewart of Cowsteanis and wife of Mr. Robert 

Udnie of Tillicorthie v. Thomas Thomsone, Thomas Clerk & Wm. Woid all in 
Cowsteanis, who were cautioners for each other, 

7. John Gordoun of Lentusche, Sheriff depute of Abd. v. Thomas Muir at the 

Chappell of Gareoche. Cautioner James Senzeour in Balquhene. 

13. Dame Jeillis Grame, Countes of Angous v. Marioun Kellie, widow of John Kellie 
in Auchquhythie. Cautioner John Andersone in Fowlertoun of Thainstoun. 

Reset of Theft. John Gordoun of Lentusche, Sheriff depute v. Alexander 
Slewin and John Stewin in Inverourie, who were charged with being " alledgit airt 
pairt counsell & recepting from Thomas Boner of certane stowin fangis." 

14, Loosings of Arrestments. Gilbert Keyth of Auchcires v. Alexr. Andersone 
there. Cautioner James Andersone in Corthiebray. 

1 6. James Gardyne of Blakfuird v. John Watsone in Smiddieburne. Cautioner Henry 
Kemptie at the Mylne of Gourdes. 

Margaret Gardyne, widow of Wm. Stewart of Cowsteanis and Mr. Robert Udnie 
of Tillicorthie, her husband v. Andrew Cuming & Alexr. Porter in Garlhie, who were 
cautioners for each other. 

21. Alexr. Leslie, Portioner of Auquhorsk v, Thomas Clerk in Cowsteanis. Cautioner 

Thomas Smyth in Baddindauche. Apparently a claim for rent. 

188 



Judicial Enactments : Vol. II., Contents 
1613. 

Jany. 23. Loosings of Arrestments. Allaster Andersone in Rippachie v. Thomas Burnet, 

lawful son of Thomas Burnet of Ennettis. Cautioner James Gordoun, burgess of Abd. 
The corn on the lands of Tronic. 

Margaret Bartlat, widow of James Wobster, sometime in Tilliry and James 
Connand in Tilliewe v. John Cowper in Pettimuk. Cautioner Alexr. Cowper in 
Hill of Fiddes. 

John Stewin in Wodsyid v. William Clerk in Nether Lainschaw. Cautioner 
Andrew Home, younger, burgess of Abd. 

James Pcttindreiche v. Thomas Cocker at the Mylne of Knoklcyth. Cautioner 
John Demptster of Knokleyth. 

29. Robert, Walter, Nicoll, David and Bessie Bauerlay and James Connand in Tilliew, 
husband of Bessie Bauerlay v . Alexr. Young in Monycabak. Cautioner Thomas Cargill 
in Boddumes. 

30. John Leslie of Pelcapill v. Andrew Archibauld at the Mylne of Warlhill. 
Cautioner Robert Abircrombie at the Mylne of Petmedden. 

Feby. 5. Patrick Allane in Fraserisburgh v. John Greig there. Cautioner Robert Stewart 

in Invernorthe. 

6. John Gordoun of Awachie v. Andrew Crichtoun in Tempill Land of Auchterlcs. 

Cautioner Mr. Robert Maitland, Persone of Auchterles. 

Removing'. Majorie Midlar, widow of Win. Davidsone in Raneistoune, and 
Henry Ligertwoid there consented to remove from their holdings under Thomas Cheyne 
of Raneistoune at Whitsunday following. 

II. Acknowledgment of Debt. James Irving in Beildsyid acknowledged himself 

to be due to Mr. Gilbert Gray, " Principall of the College of New Abd." 4 bolls beir, 
10 firlots meill and a lamb for rent. 

13. Renunciation. Margaret Gardyne, widow of Wm. Stewart, sometime of 

Settoune, and wife of Mr. Robert Udnie of Tillicorthie, renounced in favor of Sir 
Robert Keythe of Benholmc, Knight, all right she might have to the " toune and 
landis of Settoun Bruntrigis Siefeild and Cunniger thairof the Waird callit Bischopis 
waird and Sanct Machares insche stok or teyned scheawis thairof or in and to ane 
half nettis Sahnond fisching one the waiter of Done aboue and beneth the brig of the 
samen hauldin of the Bischop of Abd. " 

1 6. Renunciation and Discharge. By this act Arthur Forbes in Balfour declared 

to be redeemed by Alexr. Straquhin of Glenkyndie, "ane pleuche of the Mains of 
Glenkyndie." The wadset of the land had originally been made by Wm. Straquhin, 
the grandfather of Alexander, to Duncan Forbes of Balfour, the father of Arthur. 

20. Loosing of Arrestment. John Symsone at the Mylne of Skletic r. Andrew 

Torrie in Auld Abd. Cautioner Andrew Matthowsone, Fermorar, indweller in Abd. 

189 



Aberdeenshire Sheriff Court: 

1613. 

Feby. 24. Loosing of Arrestment. Wm. Udnie in Auchloune v. John Mylne in Auld 

Abd. Cautioner Mr. Wm. Chalmers of Waster Disblair. 

27. Theft. Mr. Wm. Barclay, Procurator Fiscal v. John Tailzeour in Crabistoun. 

Cautioner George Keythe, Saidler, burgess of Abd. 

March 3. Loosing of Arrestment. Arthur Seltoune of Orchertoun v. Gilbert Annand, 

burgess of Abd. Cautioner Win. Blakhall, Mailman, burgess of Abd. There had 
heen arrested 15 bolls " gryt aittis cheriteit." 

n. Caution to Appear. The Crown v. Andrew Davidsone in Waster Disblair, for 

whose appearance on 15 days warning "for sic criminall factis as sail be laid to his 
chairge " and for the loosing of an arrestment, Mr. Wm. Chalmer, portioner of Waster 
Disblair, was cautioner. 

19. Loosings of Arrestments. James Forbes of Lethinlie v. James Brabner, 

Maltman, burgess of Abd. Cautioner Peter Merschall, Mailman, burgess there. 

22. Thomas Robertsone in Ihe Wod of Drum, Alexr. Smyth in Beildsyd, James Mowat 

in Dowaltie and Alexr. George, Messenger, v. Robert Irving, Cowper, burgess of 
Abd. Cautioner George Scot, burgess there. 

24. Renunciation. Isobel Gordoune, lawful daughter of John Gordoune of New- 

toune, and wife of George Gordoune, fiar of Beldornie, renounced in favor of the said 
John Gordoune and Margaret Udnie, his wife, in conjunct fee and the longest liver and 
to his heirs, whom failing to Janet Gordoune, the said John's daughter, parts of the 
lands of Monycabak. 

26. Removing. Robert Thomsone at the Mylne of Ord bound himself to remove at 

Whitsunday in favor of Andrew Burnet in Ord, who was principal tacksman thereof. 

27. Renunciation. This act was made by Isobell Guthrie, widow of John Leslie, 

younger, Citiner in Brechin, and Cristiane Leslie, his only daughter and heir, with 
consent of Wm. Leslie in Auld Leslie, her husband, in favor of John Udnie in Ower 
Petforthe. The Renunciation was granted in terms of a contract between these parties 
and others, dated 9 and 12 March, and related to a number of properties fully described 
in the " Citie " of Brechin. Among the parties to the contract were Patrick Leslie of 
Kincragie, George Leslie, fiar thereof, John Leslie son of Patrick Leslie, George 
Barroun of Kinard and Mr. James Guthrie, Minister at Urquhart. 

Renunciation. The said Isobell Guthrie and Cristiane Leslie, with consent of 
the said Wm. Leslie, in favor of David Carnegie of Cuikstoune. This entry also refers 
to subjects in Brechin fully described. 

29. Loosings of Arrestments. Robert Thomsone at the Mylne of Ord v. Alexr. 

Fraser in Brotherfeild. Cautioners John Wallace in Beildsyd and John Hendersone in 
Schethokisley. 

Thomas Robertsone in the Woid of Drum, Alexr. Smyth in Beildsyd, James 
Mowat in Dowaltie and Alexr. George in Collairlie v. Gilbert Stewin, burgess of Abd. 
Cautioner David Aidie, burgess there. 

190 



Judicial Enactments: Vol. H, Contents 



1613. 

March 31. Loosing of Arrestment. Walter Orel, servitor to George, Earl Merschell, v. 

Thomas Norie and Andrew Touche in Feddie. Cautioner John Woid in Mylneboy. 
A claim for rents. 

April 3. Removing. Robert Broun at the Mylne of Ranestoun bound himself to remove 

therefrom at Whitsunday. 

Removing. John Leslie in Kintoir bound himself, in obedience to a Decree of 
the Court of Session, dated 10 July, 1612, and of letters of horning at the instance of 
Mr. Gilbert Gray, principal and common procurator of the New College of Abd. and 
remanent members of the said College, to remove at Whitsunday from 8 roods in the 
town of Kintoir " perteining of auld to the freiris of the said burgh of Abd. and now to 
the said College." The roods are fully described in the entry. 

7. Loosing of Arrestment. James Brabner, Maltman, burgess of Abd. v. Andrew 
Donald in Conglass. Cautioner John Donald in Portstoune. 

8. Curatory ad Litem. The Sheriff depute appointed Mr. Robert Paip, Advocate, 
Tutor ad litem to George Johnestoune of that Ilk for the purpose of sueing out 
removings against tenants, etc. Cautioner Win. Craig, Rothiesieherrald [Rothesay 
Herald]. 

9. Removing. Margaret Makcomtosche, widow of Alexander Forbes of Petsligo 
and wife of Wm. Sutherland of Duffus v. John Forbes of Campbell. The lady was 
liferentrix of the lands of Pettellochie, Knokissoul, Bogstoun, Kayrnemoir and Maissonis 
Croft in the parish of Coldstone and had raised letters of horning against Forbes for 
removing. 

14. Loosings of Arrestments. George Leslie of that Ilk v. George Leslie in the 
Mains of Leslie. Cautioner Patrick Innes of Edingerrak. 

15. Hectour Abircrombie of Wasthall v. Alexr. Leslie at the Mylne of Wasthall. 
Cautioner John Leyth of Raine. 

17. John Gordoune in Drymmeis v. James Gordoune in Drymmeis. Cautioner James 
Hervie of Elrick. 

23. John Johnestoun in Tilliriauche v. Alexr. Patersone in Damgrein. Cautioner 
Robert Johnestoune in Kayismylne. 

24. Assault, Blood-drawing. The Procurator Fiscal v. Patrick Moreis in Brexhill, 
who was charged with "oppressing trubling dinging striking and bluid drawing of 
Magdalen Greig spous to Duncane Forrest in Petfour." Cautioner John Moreis in 
Brexhill. 

26. Loosings of Arrestments. George, Earl Merschell v. Isobel Mengzeis, widow 

of John Forbes of Boig [or Brig] and liferentrix of the lands of Tofthills where peats 
had been arrested. Cautioner Mr. John Mortymer, burgess of Abd. 

May 5. Arthur Scherar in Auchlie v. Thomas Bisset at the Mylne of Gatus [or Gatis], Wm. 

Bisset his son there and John Bisset at the Kirk of Cremound. Cautioner George 
Dowertie, burgess of Abd. 

191 



Aberdeenshire Sheriff Court : 

1613. 

May 14. Judicial Ratification. Lucres [Lucretia] Hervy, wife of Wm. Forbes of 

Logiefintray ratified an alienation to Adam Gordoune of Boighoill of ten oxengait of 
the lands of Elrick occupied by Alexr. Ventoun. 

1 6. Loosings of Arrestments. James Gordone, fiar of Newtoun v. Symoun 

Galloway in Carnhill. Cautioner Mr. Wm. Moir, burgess of Abd. 

19. John Leslie of Wardes i<. Margaret Watsone, widow of Andrew Andersone in 
Mcikill Durnoch. Cautioner John Watsone in Lytill Gowill. 

Robert Carnigie of Kirktoun of Aboyne T'. Andrew Edie in Waster Kincardin. 
Cautioner James Ray, burgess of Abd. 

Judicial Obligation. Hypothecation. Andrew Cargill in Boddumes admitted 
being due to Alexr. Murray, burgess of Abd. his landlord, certain rents in money and 
kind, whicli he bound himself to pay, and declared that the crop upon his holding was 
to be astricted and hypothecated in security for more sure payment. 

20. Loosings of Arrestments. John Fraser of Meikill Crichie v. John Daniell in 
Crichie. Cautioner Alexr. Daniell there. 

21. George Scot of Perskow v. Andrew Rickert in Perskow. Cautioner Alexr. Fraser 
in Perk of Cremond. In this as in a good many aircstments the " haill tymber durris 
& windowis of the bigingis" were arrested. 

22. James Leslie of Ryhill v. Henry Leslie in Ryhill. Cautioner George Elphinstoun, 
Saidler, burgess of Abd. 

James Prat in Auldquhat v. Andrew Gray in Culsche of Feddrct. Cautioner Mr. 
Robert Lumisden of Auchinlek. 

Renunciation and Discharge. Helen Innes, widow of George Innes in Calsie- 
end of Towie and George Gordoune, then her husband, acknowledged receipt from 
Arthur, Lord Forbes, of 1000 merks for the redemption of the " sext pairt toune & 
lands of Towie callit the Calsie end " in the Parish of Clatt. The money belonged to 
the female granter in liferent and her only son Arthur Innes in fee. James Gordoune 
of Knokaspak bound himself as cautioner for the proper application of the money, and 
joined in warranting the discharge. 

Renunciation and Discharge. Patrick Banerman of Balmakessie in favor of 
Mr. Robert Gordoune of Fechill. In consideration of a payment of 1840 merks and of 
a 21 years lease to him of the lands, Banerman declared to be redeemed the " toune 
and landis of the Sone pleuche of the toune and landis of Fechill." There is an 
interesting deduction of Banerman's title. 

24. Loosings of Arrestments. George Keythe of Glakreauche v. Micheall Jaffray 

in Lytill Elrick. Cautioner Wm. Gordoun in Kiddishill. 

John Andrew v. John Gray in Tartowie. Cautioner Wm. Forbes in Tartowie. 

192 



Judicial Enactments: Vol. II., Contents 

1613. 

May 24. Loosings of Arrestments. Robert Carnegie of Kirktoun of Aboyne v. Wm. 

Stewin in Waster Kincardync. Cautioner Alexr. Farquhar of Kincraigie. 

25. Andrew Crichtoun in Tempill Land of Auchterless v. John Gordoun of Awachie. 
Cautioner James Gordoun at the Mylne of Ruthven. 

Renunciation and Discharge. For the fulfilling of a Contract made between 
James Gordoun, fiar of Newtoun on the one part and Alexr. Pantoun, burgess of Abd., 
with consent of Robert Hoig of Gellan, William and Mr. Thomas Lowson, burgesses 
of Abd., Jean Mengzeis, wife of Pantoun, discharged whatever right she had to "the 
sone or eist half of all and haill the toune and landis of New Rain half landis of 
Barrelldyikis," etc., in the parish of Rain. 

Removing. Ursula Gordoune, widow of John Grant in Owerfulziement, con- 
sented to remove from four oxengait of Dryden in Auchindoir in favor of James 
Gordoune of Lesmoir, in whose name George Gordoune, younger, of Coclairauchie, 
took Act of Court. 

26. Loosings of Arrestments. Malcome Laing in Smithstoun and \Ym. Knox in 
Insche v. Arthur Meldrum in Insche. Cautioner George Meldrum in Medipill. 

Andrew and Margaret King, lawful children of John King, burgess of Abd. and 
Andrew King, their Curator, v. Margaret Gairdyne and Mr. Robert Uclnie of Tilli- 
corthie. Cautioner Alexr. Copland of Udoche. 

Renunciation and Discharge. In consideration of 300 merks paid to him by 
James Gordoun, fiar of Newtoun, James Sengzeor in Balquhen discharged his rights 
to the " sone half landis of Barrelldyikis with the schaddow four oxengait of New Rain." 

Loosing of Arrestment. Patrick Thomsone in Glak v. John Innes in Boyndis. 
Cautioner George Leslie at the New Mylne of Cremound. 

27. Renunciation and Discharge. It would appear from this entry that, on the 
marriage of Margaret, only lawful child of the late Magnus Keyth of Fynnerseis and 
Margaret Knowis, his wife, to Alexr. Fraser of Boigheidis in March preceding, certain 
provisions had been made to Ihe lady, secured upon the lands of" Monycabak aucht 
oxingait lands of Auld Rain disponit be umqll Patrick Leyth of Harlhill to hir umqll 
father third pairt landis of Meikill Fynnerseis third pairt landis of Lytill Fynnerseis " 
and "third pairt toun and lands of Monecht." In consideration of " certane gryt 
sowmes of monie " specified in the Marriage Contract, paid by Mr. Gilbert Keyth, 
portioner of Fjnnerseis, the parties now appeared, granted this discharge, and released 
the lands. 

28. Renunciation and Discharge. Margaret Keythe, wife of George Keythe of 
Glakreauche, renounced and discharged her rights of conjunct fee and others over 
" aucht oxingait of the toune and landis of Waster Finlray and to aucht pairt of the 
Wast medow " in favor of Mr. Robert Paip, Advocate in Abd. and Elspet Leask, his 
wife. 

BP 193 



Aberdeenshire Sheriff Court: 
1613. 

May 29. Loosings of Arrestments. John Gray at the Mylne of Leask v. George 

Gardyne in Halkhillok and Gilbert Gawan there. Cautioners John Gardyne in 
Kinknokie and Alexr. Gawan in Nether Leask. 

June 2. William Gordoun of Abirzeldie and Duncan Dauidsone in Ferrar v. John Kar, 

burgess of Abd. Cautioner John Skene, burgess of Abd. 

5- The Baillies, Council and Community of the Burgh of Kintoir v. Patrick Fowler 

in Auchquherthyne. Peats in the moss called Moss Martyne. Cautioner James 
Gordoun at the Mylne of Kuthven. 

Sheepstealing. David Andersone in Cowsteanis v. Wm. Ray in Toux. Cautioner 
Charles Currie in Middill Disblair. The charge was for " the thifteous steilling and 
marking of ane blak wedder lamb with ane quhyt spot upone the cheik thairof." 

7. Loosings of Arrestments. James Reid at the Mylne of Brux v. Wm. Merser 
in Arsballoche. Cautioner Duncan Blakhall in Clerkseitt. 

James Forbes of Tilligonie v. David Hendersone in Muglaymedow. Cautioner 
Alexr. Folay in Ower Boighous of Tolquhone. 

8. Assault Blood-drawing. The Procurator Fiscal (Mr. Wm. Barclay) and John 
Ogilvie in Areburne v. Andrew Giffert in Kynmundie. Cautioner James Hervie in 
Boighoill. 

9. Removing. Wm. Yett in Fiddes consented to remove from Ailhous of Fiddes, in 
the parish of Foveran, in favor of Arthur, Lord Forbes, the proprietor. 

Loosings of Arrestments. John Gordoun of Buckie v. John Cheyne in 
Claymyris. Cautioner Arthur Setoune in Kilblein. 

Wm. Donaldsone in Bantuithe v. Alexr. Thomsone there. Cautioner Wm. 
Aiking there. 

1O. Elspet Watsone, lawful daughter of the late Wm. Watsone sometime at Walkmill 

of Cors v. John Abircrummy there. Cautioner Alexr. Forbes in Carnday. 

14. Tutory. James Gordoune, burgess of Abd. enacted himself as cautioner for the 
intromissions of John Calder of Eister Migvie, who was tutor to John Forbes, lawful son 
of the late John Forbes of Ardmurdo. 

15. Loosings of Arrestments. John Hay of Cremound v, Wm. Kempt in Newseat of 
Dumbrek. Cautioner James Andersone there. 

16. Mr. Wm. Forbes of Meanie v. George Calder in Carnecowlie. Cautioner James 
Gordoun, burgess of Abd. 

26. George Leslie of that Ilk v. John Leithe of Quhythawche and his tenants of Dium- 

gowan. Cautioner Thomas Watsone, burgess of Abd. Dispute about the lands of 
Boigis, Hairheid and Tamack. 

194 



Judicial Enactments: Vol. fl. t Contents 

1613. 

June 29. Loosing of Arrestment. John Leithe (here styled of Montgarrie) v. Andrew 

Leslie in New Leslie, for whom Leslie of that Ilk was cautioner, the subject of dispute 
being the same as in the preceding entry. 

July 5. Removing. John Davidsoun, Cordiner in Auld Abd. bound himself to remove 

from a rig of land of Peterstoun in the West Territory of Auld Abd. belonging to 
Charles Robertsoun, burgess of Abd. 

9. Loosings of Arrestments. George Leslie of that Ilk v. Patrick Innes of Brindie. 

Cautioner Andrew Straquhin of Ardo. The boundaries of the lands which were in 
dispute are thus described : " Beginand at the Gareoche fuird on the eist syd the 
Cardounward [or Cardounwall] and utheris merchis on the West and on the Northe syd 
of Brownhill as wind & wedder scheiris." 

10. James Crichtoun of Frendraucht v. John Gordoun at Troupis Mylne, George 

Michie in Beigishill, Robert Leithe in Steaniefeild and Robert Home there. Cautioner 
Mr. John Mortymer, burgess of Abd. Dispute about the Moss of Steaniefeild "callit 
the Persones Moss." 

Sheepstealing. The Crown v. Alexr. Glennie in Kirktoun of Premnay, who was 
charged " with the thiftious steilling of ane yow with ane lamb at her fute fra George 
Forbes at the Mylne of Bairnis." Cautioner Wm. Hoigis in Crabistoun. 

13. Loosings of Arrestments. Alexr. Fraser, sometime in Brotherfeild then in 

Clunie v. John Phannis in Kynmundie and Marjory Jaffray, his wife. Cautioner Wm. 
Forbes in Kynmundie. 

17. Mr. Robert Lumisden of Auchinleck v. Andrew Low in Craigmylne. Cautioner 

George Low in Auldmad. 

19. Wm. Stewart and Peter Merschall, Indwellers in Abd. v. James Tailzeour at the 

Mylne of Gilcomstoun. Cautioner Mr. David Rutherfurd, Baillie and burgess of Abd. 

\ 

21. George Johnestoun of that Ilk v. George Leslie at the New Mylne of Cremound. 
Cautioner Wm. Blakhall, Maltman, burgess of Abd. Peats cast upon part of the lands 
of Fewallis. 

22. Gilbert, James and Thomas Bodie in Peterheid v. James Pirie in Peterheid. 
Cautioner Andrew Milne, Armorar in Abd. Peats in the Moss of Quhyithill in the 
parish of Peterugie. 

24. John Leslie of Petcapill v. Arthur Smyth in Fewallis, and George Johnestoun there. 

Another case about peats upon Fewallis. Johnestoun was cautioner for Smyth and John 
Ronaldsone in Owertoun for Johnestoun. 

26. Walter Gordoune, lawful son of John Gordoune in Quhytsteanis v. the said John 

Gordoune, and also against Patrick Gordoun of Halheid, Thomas Mylne in Corquhun- 
derland, John Tois there, James Constabill at the Mylne of Blairordans, Patrick Crerer 
in Blakhill, Duncan Watsone there, James Tailzeour in Boigfairnie, Elspet Tailzeour 
there, John Morgin there. James Gordoune, burgess of Abd. was cautioner for John 
Gordoune, who was cautioner for the others. 

195 



Abzrdeenshire Sheriff Court t 

1613. 

July 27. Assault Blood-drawing. The Procurator Fiscal and David Chalmer in Waster 

Disblair v. Alexr. Andersone in Scheilboig. Cautioner Robert Johnestoun of Kendell. 

Loosings of Arrestments. Nathaniel Keith of Lytill Cocklaw v. James Walker, 
Wm. Greig and Andrew & Alexr. Gray, all in Peterheid. Cautioner Thomas Watsone, 
burgess of Abd. 

28. Wm. and Alexr. Troup in the Mains of Murthill v. Alexr. Galloway there. 

Cautioner Alexr. Drum, burgess of Abd. 

Margaret Liddell, wife of John Mitschell, burgess of Abd. v. Gilbert Cullen, 
Andrew Burnet and Alexr. Cruikschank, burgesses of Abd. Cautioner Alexr. Jaffray, 
burgess of Abd., whose signature as well as that of Cullen is adhibited to the entry. 

Augt. 2. James Stewart of Rylland v. Gilbert Baird of Auchmedden. Cautioner Mr. Wm. 

Quhyt in Ardlahill. 

3. Wm. Gordoun of Abirzeldie v. Thomas Gordoun in Knok. Cautioner Win. 

Gordoun of Kennertie. Dispute about the Moss of Stering. 

5. James Fergowsone in Segieden v. Archibald Beidie at the Mylne. Cautioner 
Patrick Forbes, Wobster, burgess of Abd. 

6. Robert Harrow in the Eist town of Pettfoddells v. Patrick Phynnie in Cowie. 
Cautioner John Phynnie, Indweller, servitor to Patrick Gordoun of Birsmoir. What 
had been arrested here were "the tua riggis of aittis sawin be the said Patrick upone 
the seitts & pendicles of Petmukstoun be the get and eist syd thairof that passis to the 
Brig of Die." 

7. Robert Aikine, sometime in Fintreye z>. Andrew Symmer, Tailzeour in Waster 
Fintrey. Cautioner Andrew Cuming in Balbithane. 

Acknowledgment and Obligation. Mr. John Lumisden at the Brig of Bal- 
govnie, as tenant of Balgovnie, bound himself to pay to Mr. Thomas Mengzeis, the 
proprietor, '' tua chalders beir and twenLie sex bolls meill " for rent crop 1612, before 
24 August instant. Failing payment in kind, the liquidate price of the beir was to be 
ten merks per boll, and that of the meal nine merks per boll. 

10. Loosings of Arrestments. Peter, Bishop of Abd., the "Dein & Chapter thairof 
and Inhabitants of the Chanrie" v. Thomas Davidsone, Notary Public in Auld Abd. 
Cautioner Wm. Auld, Citiner in Auld Abd. The arrestment was of " the stanes wyne 
furthe and to be transportit be him " [Davidsone] " out of Forbes Maness " [Manse] 
"and yard in Auld Abd." 

11. Sir John Wood of Fettercarne, Knight *. Gilbert and Thomas Ramsey in TIaltoune 
of Belhelvie. Cautioner Andrew Grahame, Chalmerlane to Patrick, Earl of Kingorne. 
The claim was for the rents of Pettens. 

12. The Crown and Wm. Touch, Janet Touch and Livingstoune, her husband 
v. Gilbert Yeman in Newtoun of Skeyne. Cautioner Mr. Duncan Forbes of Balnagask. 

196 



Judicial Enactments: Vol. II., Contents 

1613. 

Aug!. 14. Loosings of Arrestments. Gilbert Cok in Myntlay v. Thomas Forbes in 

Auchtidonald. Cautioner George Forbes in Quartailhous. 

Margaret Gardyne, widow of Wm. Stewart of Cowsteans and Mr. Robert Udnie 
of Tillicorthie, her husband v. Wm. Setoun of Eister Disblair. Cautioner Arthur 
Chalmer, Indweller in Abd. 

17. Margaret Gardyne and Mr. Robert Udnie (as in preceding entry) v. Wm. Ray in 

Toux, Thomas Davidsone in Middiltoun of Disblair, James Andersone alias Laird there, 
James Andersone "callit litill James" there and Charles Currie there. The dispute 
here as in the preceding entry was about the " Muiris of Uschihillis." 

19. John Fraser of Clintertie v. Mr. Wm. Fraser of Cautioner Wm. Forbes of 
Tolquhone. The crop upon the [?] "Cuillfuird of Clintertie " had been arrested. 

20. John Leslie, fear of Balquhane v. James Crombie in Nethirtoun of Fetterneir, 
Patrick Mathowsone there and Richard Mailling in Owertoun of Fetterneir. Cautioner 
Thomas Patirsone, Merchand, burgess of Abd. 

21. Alexr. Daniell in Meikill Chrichie v. Andrew Kyd in Meikill Elrik. Cautioner 
Alexr. Innes, Citiner in Auld Abd. 

23. John Hamiltoun, son of James Hamiltoun in Westport v. Alexr. Young in Bod- 

domes. Cautioner Thomas Cargill in Boddomes. Claim for the rents of Boddomes. 

25. Isobel Jak, widow of Walter Watsone, Mailman, burgess of Abd. v. Thomas 
Watsone, Portioner of the Casteltoun of Durris, and also against John Dennis, 
Fermorar in Abd. Cautioner Peter Merschell, Mailman, burgess of Abd. 

26. James, Earl of Murray v. Wm. Seytoune of Disblair. Cautioner 
Arlhur Chalmer, indweller in Abd. Crop on ihe West and Soulh side of Ihe 
Reidburne. 

27. Alexr. Cuming of Culler v. Gilbert Hall in Craigtoun of Pelircullir. Caulioner 
John Wallace in Beildsyid. 

28. Patrick Cheyne of Caldwallis v. James Mylne, somelime at the Mylne of Cauld- 
wallis, then at the Mill [sir] of Fortrie. Caulioner Findlay Willox, Merchand, burgess 
of Abd. 

Archibald Beidie at the Mill of Syd v. James Fergussone in Segiedene. Caulioner 
Alexr. Moir, Wobster, burgess of Abd. 

31. John Broun at the Milne of Knokleithe v. Wm. Abirnethie in Knokleilhe. 

Caulioner Roberl Reidfurd in Fischerfuird. 

Thomas Dempsler of Auchterles v. Thomas Thomsone in Logieauldtoun. 
Caulioner John Dempster of Knokleythe. 

Wm. Johnestoune in Craibstoune v. Wm. Galloway in Blakhillis. Cautioner 
Wm. Forbes in Waster Kinmundie. 

197 



Aberdeenshire Sheriff Court : 
1613. 

Sept. i. Loosings of Arrestments. Alexr. Copland of Udoche v. Janet Gray, widow 

of Wm. Clark in Greynness. Cautioner Alexr. Clark in Greynness. 

Alexr. Skeyne of that Ilk v. Mr. Robert Irving in Fornet. Cautioner Mr. James 
Irving, Minister at Touche. Crop upon " the Northe and Northe eist pairtis of the 
propertie & commountie of Turriwaill." 

4. Wm. Ogistoun in Rathine v. James Dilgardno in Rathine. Cautioner Mathew 

Donaldsone, burgess of Abd. The arrestment here was unusually comprehensive being 
expressed as follows, " the cornis sawin be him houssis bandit & bigit peitts turvis 
fewall faill & dovatis cassin be him " [in 1613] " within the bounds of Rathine." 

7. James, Earl of Murray, v. Thomas Glenny and Thomas Baverlay, both in 
Wodheid. Cautioner James Hervie, fear of Elrik. Crop on the South and West 
side of the Reidburne. 

8. Alex. Craufurd as assignee of George Craufurd of Annachie, his brother v. John Low, 
sometime in Annachie then in Auchnagat. Cautioner Robert Burnet, burgess of Abd. 

10. George Pirrie at the Auld Mylne of Phillorthe v. Magnus Fraser in Fraserburgh. 
Cautioner Thomas Cowie, burgess of Abd. 

11. Sir Wm. Irving of [?] Cuchlie, Knight, v. Duncan Forbes of Byth. Cautioner Mr. 
Andrew Clark, burgess of Abd. 

James Irving of Auchzeoche v. Alexr. Ross in Brunhill. Cautioner Mr. Gilbert 
Ross in Quhobbis. 

Thomas Fraser in Litill Kinnadie v. Thomas Crookat in Auchquhorsk. Cautioner 
James Keythe of Kinnadies. 

13. Stephen Mackie at the Ower Mylne of Kintor v. John Hill in Kintor, Wm. Name in 
Tofthillis and John Hervie in Kintor. Cautioner, Mr. John Mortymer, burgess of Abd. 

14. Alexander, Master of Forbes, and Arthur, Lord Forbes, his father and Tutor v. 
Patrick Con of Auchry and Patrick Con, Younger, apparent thereof. Cautioner James 
Pantoun in Meikill Auchry. Crop on part of Allathyne and Kippernahill had been 
arrested. 

16. William, Lord Keith v. Alexr. Jameson in Kindrocht, Hew Craik there, Win. 

Sewan there and James Schirra there. Cautioner Mr. George Norie, burgess of 
Fraserburgh whom James Fraser of Cairnes bound himself to relieve. 

Renunciation and Discharge. Helen Hoig, wife of Alexr. Gordoun, sometime 
of Swailend, appeared and renounced and discharged any rights of liferent or conjunct 
fee which she might have in the lands of Swailend in favor of George Currour, burgess 
of Abd., and Jeane Hay, his wife, and after them to David Currour, fiar of Balgringo, 
and Christiane Currour, his wife. The Senatus consultum Velleianum was specially 
referred to. Thomas Crombie, Writer to the Signet, represented the various parties. 
This Act of Court was initialed by one Sheriff depute and signed by the other. Nine 
months later, on 15 June, 1614, for farther security another Act of Court was taken 
ratifying the former, and was signed by Gordoun and his wife, the latter notarially. 

198 



Judicial Enactments: Vol, IL, Contents 

1613. 

Sept. 17. Loosings of Arrestments. James, Earl of Murray, Margaret Gardyne, Francis 

Stewart, her son by her first marriage, and Mr. Robert Udnie, her husband, v. Wm. 
Ray in Toux, Thomas Davidsone in Middiltoun, Charles Currie there, James Andersone 
and James Andersone, called the " Laird," both there, Wm. Cantley in Calsie end, 
Wm. Reid there and John Clark there. Cautioner Gilbert Johnestoun of Peddeis- 
mylne. 

1 8. Wm. Forbes of Tolquhone, Patrick Forbes in Thainstoun John Williamsone at 

the Mylne of Thainstoune v. Gilbert Low in Boigquhir in Kemnay. Cautioner Walter 
Innes of Ardtannes. 

Wm. Setoun of Disblair v. Andrew Symmer in Haltoun of Fintray, Thomas Rob 
there, Henry Clerk there, James Symmer there and Andrew Leslie there, who became 
cautioners for each other. The Reidburne again. 

Stephen Mackie at the Ower Mylne of Kintore v. Dioness [Dionysius] Chalmer in 
Tofthillis. Cautioner Mr. John Mortimer, burgess of Abd. 

(i) George Johnestoune of that Ilk, Wm. Setoune of Disblair and Gilbert 
Johnestoune of Peddeismylne v. John Andersone, James Symmer, Magnus Symmer, 
Thomas Rob, Andrew Symmer all in Haltoun of Fintray and Andrew Leslie in 
Kcwsteanis who were cautioners for each other. (2) The same pursuers v. John 
Bauerlay and James Irnsyd in Haltoun of Fintray, for whom James Symmer there was 
cautioner. Crop upon the North side of the " Steaneburne of Haltoun of Fintray." 

20. The same pursuers as in last cases 71. Wm. Materis, Thomas Thomsone, David 
Andersone and Wm. Woid, all in Kowsteanis, who were cautioners for each other. 
Crop upon the " Northe woid of Garvack and Langhill." 

The same pursuers v. James Glennie in Boigis and John Symmer in Newlands, 
who were cautioners for each other. Crop upon the " Boigis and New landis of 
Fintray." 

21. Assault Blood-drawing. The Procurator Fiscal (Mr. Wm. Barclay) and 
Andrew Meanie in Auld Abd. v. John Jamesone in Tulloche. Cautioner Andrew 
Kellie, burgess of Abd. 

22. Loosings of Arrestments. Johnestoune of that Ilk, Setoune of Disblair and 
Johnestoune of Peddeismylne v. Gilbert Leslie in Boig. Cautioner Wm. Blakhall, 
Maltman, burgess of Abd. 

23. Margaret Hay, widow of Mr. Michael Fraser of Techmurie and Thomas Hay in 
Graysteane of Ardendracht v. Wm. Kennedie in Kirkhill of Carmuk. Cautioner James 
Ogilvie of Birness. 

24. William, Lord Keythe v. Magnus Smyth in Denend of Kindrocht. Cautioner 
Alexr. Fraser, brother german of the late Mr. Michael Fraser of Techmurie. 

28. Janet Duncane, widow of Abraham Forbes of Blaktoune v. 

in Craigheid. Cautioner Alexander Jaffrey, Bailie burgess of Abd., who signed the 
entry. 

199 



Aberdeenshire Sheriff Court: 

1613. 

Sept. 28. Loosing 1 of Arrestment. Duncan Forbes of Bythe v. Andrew Quharnie in 

Quhytsteanis. Cautioner Gilbert Hall in Craigtoun of Culter. Crop on " the Quhyt- 
stak of Gullie." 

30. Renunciation and Discharge. Patrick Gray, burgess of Abd., appeared, and in 

respect of a payment of 1000 merks, judicially declared that Mylne of Elrick, etc., had 
been redeemed from him by Andrew Ilervie of Elrick. The Sheriff Depute was Mr. 
Alexr. Jaffray of Kingiswallis, who along with Gray signed the entry. 

Oct. i. Loosings of Arrestments. Wm. Forbes in Kynmundie v. John Gray in Auch- 

quhrenie. Cautioner Wm. Galloway, burgess of Abd. 

4. Robert Keythe in Pettindrum v. Alexr. Jaffraye in Pettindrum. Cautioner Wm. 
Keythe of Pettindrum in the parish of Aberdour. 

5. Adam Gordoun of Glcnbuchet v. Edward Fraser in Fraserisburgh. Cautioner 
Alexr. Youngsone in Invernorthe. 

8. Gawan Scott in Carnebulge v. Robert Dilgardno in Carnebulge. Cautioner Wm. 
Birnie, burgess of Fraserisburgh. 

9. Mr. James Forbes of Woidland v. John Ligertwoid in Tillimad. Cautioner James 
Ligertwoid in Fornatie. 

II. Mr. John Cheyne of Arnage v. Wm. Lyntoune in Wastfeild. Cautioner Patrick 

Hendersone, Wobster in Carnfeild. There was here in addition to a general arrest- 
ment, a special arrestment of " ten hydds within the said Williams bark pott." 

Gilbert Jaffray in Ardoche v. Ronald Clerk in Petmedden. Cautioner James Paul 
in Auchclaiche. 

16. James Burges in Sklatie v. John Tailzeour, alias Cowper, in Crabistoune. Cautioner 

Robert Irving, Cowper, burgess of Abd. 

23. Cristiane Logan and John Ronaldsone in Owertoun of Dyce, her husband, and 
Janet Logan and Gilbert Gib, her husband v. Ronald Clerk in Petmedden. Cautioner 
Thomas Johnestoune in Raithis. 

24. Theft. The Procurator Fiscal (Mr. Wm. Barclay) and the Sheriff v. Wm. Ilervie 
in Kairnetrydlene. Cautioner John Bisset there. 

Nov. 6. Removing. George Meldrum, brother german of Andrew Meldrum of Jakstoun 

confessed himself lawfully removed from Jakstoun in favor of the said Andrew Meldrum. 

Loosing of Arrestment. George Currour of Swaillend v. David Ronaldsone 
in Rethis. Cautioner William Jamesone in Tillikerrie. There had been arrested " the 
sowme of fourtie punds consignit be the said Dauid in the Kiik box of the Parochin of 
Dyce." 

200 



Judicial Enactments : Vol. IL, Contents 

1613. 

Nov. 12. Agreement. For the settlement of disputes regarding the lands of Cultis in 

Kennethmont, which had arisen between John Leslie of Wardes and Hew Gordoune 
of Cultis, and in which George Leslie of that Ilk and Robert Spence of Tulloche were 
also interested, this Agreement had been entered into and is here registered. The 
entry is much decayed and only partly legible. It appears however that the mutual 
friends by whose mediation the settlement was effected were Alexr. Gordoune of Clunie, 
Wm. Gordoune of Sauchin and John Leslie of Duncanstoun. 

Loosing of Arrestment. Archibald Hog v. Alexr. Hervie, flesher. Cautioner 
James Thomsone in Auld Abd. 

Removing. James Grant and Thomas Grant in Dryden of Auchindoir renounced 
their occupation in favor of James Gordoun of Lesmoir. 

Judicial Ratification. Margaret Cheyne " Ladie Collestoun " ratified the wadset 
of the sunny plough of the half lands of Litill Drumquhendill by Gilbert Reid and 
Andrew Reid of Collestoun, his father, to Andrew Woid of for ^1000. 

15. Judicial Ratification. Elspet Meldrum, wife of Andrew Meldrum of Jakstoun, 

ratified a wadset by her husband of the lands of Jakstoun to Robert Stewart, brother 
german to John, Earl of Atholl, and Janet Leslie, his wife, in conjunct fee and liferent, 
etc., for 4000 merks. 

17. Loosing of Arrestment. Olipher Glenny in Fintreye v. Gilbert Wilguis in 

Calf fauld and David Cowie in Scheilbog. Cautioner Wm. Jamesone in Tillikeirrie. 

Judicial Ratification. Elspet Stewart, wife of Wm. Meldrum of Baddinscot 
ratified a wadset of her husband's lands to George Gordoun 

29. Loosings of Arrestments. Alexr. Cuming of Culler v. Gilbert Hall in Craig- 
toun. Cautioner John Wallace in Beildsyd. 

30. Abraham Broun in Kintocher v. John Cruikschank in Tillichetlie. Cautioner 
Wm. Gareoche, apparent of Kinstair. 

Dec. 4. John Erskein of Balhagartie v. Alexr. Straquhin of Glenkyndie. Cautioner Alexr. 

Fraser of Kindrocht. Crop sown by Straquhin upon the " Bak moss of Auchnagat." 

Manslaughter. The Crown v, James Smyth in Folia, for whose appearance 
John Wicht in Keltiswall was cautioner. Smyth was charged with the slaughter of 
Helen Wilsoiie, in Lytill Folia. 

ii. Renunciation and Discharge. Isobel Setoune, wife of Thomas Erskein, 

younger, of Pettodrie, renounced in favor of her husband all her rights of conjunct fee, 
liferent, &c., in the lands of Balhagertie, Durlathin and third part of Pettodrie. 

Lawborrows. Gilbert Forbes in Tartowie v. Wm. Davidsone in Clochmuir, 
Cautioner Wm. Forbes in Kynmundie. 

CC 2O I 



Aberdeenshire Sheriff Court 

1614. 

Jan. 15. Loosings of Arrestments. John Lumisden of Cuschnie, Robert Lumisden, 

fiar thereof, and Janet Duncan, widow of Abraham Forbes of Blaktoun v. John Reid 
in Brydiswall. Cautioner James Davidsone in Carnecowlie. 

22. George Bruce, Saidler, burgess of Abd. v. Wm. Forbes, brother german to James 

Forbes of Tilligonie. Cautioner Andrew Straquhan, sometime of Ardo, then in Abd. 

Wm. Forbes in Kynmundie v. Gilbert Gordoun in Corshill. Cautioner John Layng 
in Greyneburne. 

Febry. 2. Revocation of Deeds Granted in Minority. Alexander Crocket, son of the late 

John Crocket in Myirsyd revoked deeds granted in minority, and specially an obligation 
in favor of George Dun in Peterheid for 25 merks. 

22. Loosing of Arrestment. Thomas Forrest in the Walkmylne of Tillinamolt v. 

Adam Alschioner in Auchirreis. Cautioner Gilbert Keyth of Auchirreis. 

Mch I. Manslaughter. Helen Will in Meikill Creichie and John Daniell there were 

charged with the slaughter of Wm. Hucheone in Carnenadelie, and John Fraser of 
Meikill Creichie and Joseph Keyth of Auch were cautioners for their appearance 

for trial. 



202 



Illustrative Examples taken from Vol. II. of Judicial Enactments 
Proceedings relating to Occupancy of Land 

I. REMOVING AND LEASE. 



(4 July 1610) 

The said day compeirit Thomas Leslie in Crystis Kirk and grantit 
himselff wyf bairines servands guids and geir lauchfullie removet furth 
and fra the Brewing of Crystis Kirk and preueledge thairof and be thir 
presentis renunces all richt and tytill and possessioun he hes thairto and 
sail caus Margrat Wat spous to Alexander Jarden seas fra oney brewing 
and selling of aill and beir thairout in tymes cumming and that at the 
instance of Andrew Leslie of New Leslie And forder the said Androw 
Leslie of New Leslie be the tennour heirof hes set and settis with 
the conditiounes under specifeit to the said Thomas Leslie he being 
one lywe All and haill the fourt pairt towne and lands of Crystis 
Kirk houssis toftis croftis pairtis and pendiculls of the samen presentlie 
occupek be the said Thomas withe the teind schewes thairof lyand 
within the Parochine of Kennethmont and Shrefdome of Abd. quhill 
the feast of Witsonday in the yeir of God i m sex hunderethe and 
allewin yeiris for payment of thrie scoir tua merks maill at tua seueral 
termes Witsonday and Mairtimes be equall portiounes beginand the first 
termes payment thairof at the said feast of Witsonday i m sex hunderethe 
and allewin yeiris togidder withe sic customes and seruice as his nicht- 
bouris or the remenent of the quhilk occupatioun as that same towne and 
lands payis at the termes usit and wonit Withe conditioun that the said 
Thomas big sic sufficient biging as the remenent his nichtboris of the 
quhilk occupatioun foirsaid hes or hapinis to big and to keip guid nicht- 
bourheid be the sicht of Johnne Leslie of Lergie and Androw Leslie in 
Meikill Wardes And giue the said Thomas failzeis thairin he grantit 
himselff lauchfullie removet fra the said fourt pairt towne and lands of 
Crystis Kirk aboue writtin houssis toftis croftis pairtis pendicullis and 
pertinents at the feast of Witsonday nixt cummis And gif it sail hapin 
the said Thomas to pay his said maill and dewitie custoumes and seruice 
foirsaids keipis guid nichtbourheid bigis the said biging and beis ane 
obedient servand as the rest of the remenent of his nichtbouris of the 

203 



Aberdeenshire Sheriff Court : 

tovvne the said Andrew be thir presentis settis to the said Thomas the 
said fourt pairt towne and lands of Crystis Kirk houssis toftis croftis and 
pertinents of the samen foirsaids withe the teind schewes of the samen 
fra yeir to yeir Upone the conditiounes foirsaids for the space of four 
yeiris nixt following the said feast of Witsonday in the yeir of God i m 
sex hunderethe and allewin yeiris for yeirlie payment of sic maill dewitie 
and dew seruice as is aboue specifeit baithe for stok and teind of the 
samen beginand the first termes payment thairof the feast of Witsonday 
in the yeir of God i m sex hunderethe and twalff yeiris and giue it sail 
hapin oney the said Thomas nichtbouris to failzie in keiping of guid 
nichtbourheid to him the said Andrew binds & obleissis him to caus 
thame repair and amend the samen be the sicht of the saids Johnne 
Leslie of Lairgie or Androw Leslie in Meikill Wardes and to that effect 
the said Androw Leslie of New Leslie sail hauld court or courtis 
and giue the said Thomas justice to that effect Upone the quhilks 
premissis the said Thomas and Androw desyrit Act of Cowrt and 
Instrument 



II. REMOVING. THE RIGS AND TAILS, OLD ABERDEEN. 

(30 Novr 1611) 

The said day in presence of the Shref deput foirsaid Compeirit 
personalie Alexr Blak Maltman burges of Abd and of his awin jYie will 
grantit and confessit him lauchfullie and ordourlie removit furthe and fra 
the tuelft elne croft or peciess of land of that latitud and teillis thairof 
lyand beyond the Loche of Auld Abd of the said breid lyand betuixt the 
croft contigue adjacent to the tennement of John Torrie at the southe 
the tennement of umquhill James Mylne at the northe & the yard quhilk 
perteinit to John Gibsone at the eist and cowmoune gait passand to the 
saidis teillis at the wast and fra the said teillis lyand beyond the said 
Loche haueand the riggis and teillis of upone the eist pairt the 

Kingis cowmoune gait on the southe the lands of Cottoune upone the 
northe and fra all thair preuileges and pertinentis lyand in [the] wast 
teritorie of the croftis of Auld Abd and Shrefdome of the samen And 
renuncit the saidis croftis withe all titill of richt propertic and posses- 
sioune he had hes or may pretend to haue thairto in favours of Johne 
Gibsoune quhome of he had the samen set his airis or assignayis or ony 
utheris quha sail happin to haue richt thairto Quhairupone Mr Robert 
Paip procuratour for Margrat Irving spous to the said Johne Gibsoune 
tuik act and instrumentis 

John Gordone Sref 
204 



Judicial Enactments : Vol. IL, Illustrative Examples 

III. JUDICIAL HYPOTHECATION BY TENANT OF GROWING CROP 
*OR PAST DUE RENT. 

(19 May 1613) 

The said day in presens of the Shreff deput foirsaid compeirit 
Andrew Cargill in Boddumes and grantit him restand awand to 
Alexander Murray burges of Abd and that for his occupatione of the 
said toune and lands of Boddumes croip & yeir of God i m sex hundrethe 
& tuelff yeiris the sovvme of thrie scoir thrie punds sex sh viiid to be 
payit betuixt the dait heirof and the first day of August sex bollis tuyis 
scheillit meill pryce of the boll aucht pundis four bollis & thrie firlottis 
ferme meill pryce of the boll ten merkis all to be payit betuixt the dait 
heirof and Mairtimes nixt to cum in this instant yeir of God i m sex 
hundrethe & threttein yeiris And for the mair suir payment of the 
sowmes of money victuall & utheris befoir specifeit the said Andrew 
Cargill astrictit and hypothecatit his haill guids and geir movabill and 
speciallie the cornis presentlie growand upone the grund of the samen 
lands to be win and schorne upone the expensses of the samen and to 
remain upone the grund thairof ontransportit in. haill or in pairt bayth 
corne [and] fodder at the instance of the said Alexr and to be mellit & 
intromettit with be him in caice of nocht payment at the terms foirsaids 
and that but perrell of law actioun of spoilzie or uther deid of wrang 
quhilkis actiounes the said Andrew Renunces be thir presentis and the 
saidis cornis being mellit with be the said Alexr in caice of failzie as said 
is schorn'e & win be him upone the proper expensses thairof he to pay 
himself of the reddiest of the saidis cornis and to mak payment to the 
said Andrew of the superplus upone the quhilkis the saids Alexander and 
Androw tuik act & instrument and thairto the Shreff deput foirsaid 
Interponit his auchthoritie 

J.G. Sreff 

Revocation of Deeds Granted in Minority 

(2 June 1612) 

The said day compeirit ane nobill and potent Lord Patrick Lord of 
Lindoris as yit minor and les thane twentie ane yeiris of aig being 
circumvenit in his les aige be euill aduysit counsell as he is informit to 
his gryt los hurt and preuidice In fauors of sindric personis and namelie 
contrair to his naturall libertie had Interdytit himselff to Wa Erie of 
Mortoune Robert Lord Lindsay Dauid Lord Skuine Sir Robert Melveing 
of Murdocarne knicht Johne Lord of Kinklevine Wa Lermonth of 
Balcomie Mr Alexander King and Mr Robert Lermonth Aduocattis 
or to ane certane novmber of thame quhairon thei at the leist sume of 

205 



Aberdeenshire Sheriff Court 

thame hes raisit our Souerane Lords letteris and as he is informit hes 
publeischit or intends to publeisch the same to his discrydit and gryt 
dissavantage And finding him grytumlie preuidicit as said is thairby in 
speciall and generall utheris his effeiris imprudentlie done as yit of les 
aige as is aboue writtin be the preuiledge of cowmoune and municipall 
lawis maid in favors of minors hes revocat and be their presentis of set 
purpos and deliberat mynd revocis cassis and annullis the said band of 
interdictioune and all that hes followit or may follow thairone and 
generallie revocis all uther and quhatsumewer deids done be him in 
favors of ony persone or personis at ony tyme bygyne to his hurt and 
preuidice protesting solemnatlie that he be restorit in integrum thair- 
annent and maid quyt and frie thairof and of all inconvenient that may 
follow thairone at the hands of the saids personis and all utheris quhome 
it effeiris and that according to the priueledge of the saids lawis he may 
haue libertie to call persew and prov[o]ck Judgment Infra annos utiles 
quhairone the Shref deput foirsaid Interponit his auchthoritie and 
thairone the said nobill Lord and Mr Robert Paip his procuratour askit 
Act of Court and Instrumentis 

Lundoris 

Mr Richard Iruyng 
Shref deput 

Appointment of Curator ad Litcm 

(8 April 1613) 

The said day in presens of the Shref Deput foirsaid compeirit 
personalie George Johnestoune of that Ilk at quhais desyir the Shref 
Deput foirsaid gaiwe Mr Robert Paip Aduocat in Abd curatour to the 
said George ad litem for making and subscrywing of his warningis for 
removing of his tennentis furth of his landis mylnes & multuris befoir 
the terme of Witsonday nixt to cum and for obtening of Decreitis of 
Removing agains thaim furth and fra the saidis landis and mylnes and 
the said Mr Robert being present gawe his aithe de fideli administratione 
de acceptatione of office and fand William Craig Rothiesie Herrald 
cautioner to that effect quhome the said Mr Robert obleist him to 
releiwe and thairunto the Shref Deput foirsaid interponit his auchthoritie 
and thairon the saidis George Mr Robert and William askit & tuik act 
& Instrument. 



r TU Mr Richard 

George Jhonstoun Mr Ro pajp ^^ forsd 

01 yt Wllm Craig, Rothesay Heralt 



206 



The Decree Books: VoL H, 16J7-J8 

The earliest legible date is 15 January, 1617, and the last 28 March, 
1618. The pages number 228 and although the original fly leaves no 
longer exist the remainder of the volume, as we have it, is beautifully 
written and perfectly preserved. 

Although it has been titled " Decreit Book," and probably contains 
all the Decrees for the period which it covers, it is really a Court Diet 
Book, inasmuch as Interlocutory orders are recorded in it. There are 
also one or two entries of a non-litigious description. The high quality 
of the penmanship and the entire absence of corrections or alterations go 
to show that the entries were not actually made by the writers in Court, 
but are a clean and careful transcript of the business, subsequently made. 

An attempt has been made to notice at least once every case 
which occurs in the volume while avoiding unnecessary duplication 
or repetition. 



207 



Table of Contents of Vol. II. of Decree Books. 

1617. 

Jan. Decree of Wrongous Intromission. Alexander Stevinsone, Tailor in Aberdeen, 

Margaret Stevinsone, his sister, and Andrew Bedie in Old Aberdeen, her husband, for 
his interest v. Gilbert Stevinsone in Ogstoune. Decree passed for 16 bolls of great 
oats at 53/4 per boll, 12 bolls of beir at 4. per boll, 2 bolls 2 firlots of malt at ^5 P er 
boll. The Defender was said to have intromitted with the grain and malt which 
belonged to the Pursuers in 1594, and the prices seem to have been those of the crop 
of that year. Decree also for ^3 of expenses. 

Action for Rent. Reference to Oath. Absolvitor. Ronald Chessour, 
burgess of Aberdeen, v. Alexander Birnie in Owerhill. The Pursuer had right by 
gift and disposition to the escheat, goods, gear and debts of the late Patrick Braklay, 
to whom the Defender was alleged to have promised to pay jio for his " Colt land 
sawing and grothe " in the Mains of Kellie, crop 1616. On a reference to his oath, the 
Defender denied the promise and indebtedness and was assoilzied. 

15. Decree of Liquidation. John Leythe of Quhythauche v. James Irving in 

Beildsyd. 6 was fixed as the price of each boll of 12 bolls of meal for the rent of 
the " Hal tonne and Landis of Gairdyne," belonging to the Pursuer, in the parish of 
Peterculter, crop and year 1614. 

Nature of Action not disclosed. John Selbie in Gairdyne v. Alexander Duncane 
and John Tailzeour in Finnersie and John Quhytheid in . The Defenders did 

not appear and the case was admitted to the Pursuer's probation, but is not mentioned 
again. 

Decree for Trespass by Cattle. Patrick Cruickshank in Ardiffrie v, William 
Ronald, Gilbert Blak and Alexander Barrie, all in Ardiffrie, and Mr. David Rattray, 
Minister at Cruden. The Defenders were sued for payment equally among them of the 
value of a chalder of oats, at 6 per boll, said to have been eaten by their nolt, sheep 
and horses in "tua tachte fauldis" in 1614. The three Defenders first named appeared 
and on oath Ronald admitted 6 pecks at 4 per boll and Blak 2 pecks which they were 
ordained to pay with 6/8 of expenses each. Barrie denied all liability and was 
assoilzied, while the Minister, who did not appear, was ordered to be summoned of new. 

Action for Payment. Absolvitor. Janet Duncan, widow of Abraham Forbes 
of Blaktoune, and George Gordoune of Coclairauchie v. Patrick Irving, Messenger, in 
Carnebadie. The allegation here was that Irving recovered from Robert Fraser of 
Durris, to whom he had given a charge of payment at the instance of the Pursuers, 12. 
On a reference to his oath he admitted having received from Fraser " ane doubill 
angell " ; but qualified the admission in such a way as to be assoilzied. 

208 



Decree Books : Vol. IL, Contents 

1617. 

Jany. 15. Action for Payment. Mr. Alexander Irving, advocate, v. Andrew Hervie of 

Elrick. This was a diet of proof. The Pursuer having produced an obligation by the 
Defender, dated 20 February, 1608, renounced all further probation except the 
Defender's oath of calumny. 

Action of Spuilzie. William Forbes in Edirlick v. Patrick Leyth of Licklieheid. 
The Pursuer deponed that the spoliation extended to 60 bolls of oats with the fodder, 
of which 14 bolls were great oats, and 10 bolls beir with the fodder. He priced the 
great oats at 8 merks 6/8 per boll, the small oats at 4 and the beir at 10. Decree 
was pronounced on I February for 12 bolls great oats at the above price and for 10 
bolls beir at ^,8 with $ of expenses of process. 

Nature of Actions not disclosed. John Glennie in Mekill Endovie v. Elspet 
Cowper there. In the absence of the Defender the action was admitted to the Pursuer's 
probation. 

John Fraser of Clintertie v. Duncan Blakhall. Mr. William Barclay, procurator 
for the Pursuer, produced replies to the defences, and the Sheriff assigned 22 January 
instant to pronounce Interlocutor, but no further entry has been found. 

17. Alexr. Fraser, portioner of Kindrocht, v. James Wilsone in Kindrocht. In 

absence of the Defender the Pursuer's libel was admitted to his probation. 

22. Helen Hendersone, Gilbert and Marjorie Wastland, children of the late David 

Wastland in Tirriewaill v. Wm. Thomsone in Tirriewaill, Alexr. Angous in Locheheid, 
Alexr. and James Gordoune in Aucheloche. None of the Defenders except Angous 
appeared or were represented, and as against them the Pursuer was allowed a proof. 
The Interlocutor allowing Angous to lodge defences was in these terms " to quhome 
the Shref assignit the twentie fourt of this instant to that effect visa petitione . " No 
further mention of the case has been found. 

Summons of Wakening. Alexr. Chalmer, younger, burgess of Abd. v. 
Thomas Galloway in . Action wakened and continued to 29 January for 

interlocutor but did not appear then or afterwards. 

Nature of Action not disclosed. James Donald v. Gilbert Ritchie in Mains of 
Foverane. This day having been assigned for lodging defences and none being forth- 
coming, the term was c'rcumduced and the case disappears. 

Action of Spuilzie. John Mitschell in Drumnagowan v. John Forbes in Cushnie. 
Subject matter not stated. The Defender did not appear and the libel was " in penam 
contumacie " admitted to the Pursuer's probation. The Pursuer had a diet of proof on 
19 March, to which the Defender was cited and did not appear and the same order was 
repeated. 

Feb. I. Nature of Action not disclosed. James Gordoune in Abd. v. George Blakhall 

in Drymmeis. Defences lodged but no subsequent entry found. 



DD 



209 



Aberdeenshire Sheriff Court: 
1617. 

Feb. i. Decree of Payment. Alexander Low, Cordoner in Abd. v. David Lyoune 

in Ardoes of Balhelvie. The sum of 6 was asked, for which the Defender was 
cautioner for Andrew Bedie also in Ardo, together with 13/4 of expenses. The 
Defender not appearing, the Pursuer deponed "that the said Dauid restit him the said 
sowme " and obtained decree. . 

Decree for Wrongous Intromission. John Williamsone, burgess of Abd. 
v. Duncan Blakhall in Clerkseit, James Brabner and Alexr. Blak, Maltmen, burgesses 
of Abd., Wm. Lowsone, Patrick Jak, Alexr. Kempt, Patrick Gray, Mr. William 
Moir "ane maister of the College Merschall." Mr. Robert Paip appeared for all the 
Defenders, both principals and "pairteis admittit for thair entres" and passed from the 
whole defences [probably dilatory defences], upon which the libel was admitted to the 
Pursuer's probation. On 19 March at a first diet of proof three witnesses were examined 
regarding the quantity of beir intromitted with. At the second diet on March 26 three 
witnesses were examined. At a third diet on July 2 a large number of productions were 
lodged by way of proof. Decree on July 30. [Infra p. 222.] 

Decree of Removing. Thomas Murray, burgess of Abd. v. Thomas Moir 
in the Mains of Culler, Richard Troup there, Richard Merschall there, John Merschall 
there, Alexander Cuming there, and John Mylne in Insche of Culter. The Pursuer 
was heritable proprietor of " the salmond fisching of the water of Die callit the salmond 
fisching of the barronie of Murlhill lyand within the parochines of Banchorie Devnik 
and Peterculter respective," of which the Defenders were said to have been in violent 
and masterful occupation since the "feist and terme of Andersmes" 1616. The 
Pursuer's Sasine was dated 5 August 1607. Notary Mr. Arthur Watt. 

5. Action of Removing. George Strathauchine of Glithno v. William Clerk in 

Petmedden. The lands are not specially mentioned ; but there was produced for the 
Pursuer an Instrument of Sasine of date 9 December 1613. Notary John Donaldsoun. 
The Sheriff assigned February 12 for lodging defences. Various subsequent entries 
have been found, but no decision. 

Decree for Payment. George Frensche, Cordoner, burgess of Abd. v. James 
Paull in Auchinclache, James Strathauchin in Kirktoun of Skene, Alexr. Kennedie in 
Frosterhill, Alexr. Paull in Bilbo. Decree passed against James Paull for 4 for 
leather. Against Strathauchin for 4O/- for leather, Kennedie 5 merks and 6d. for 
leather and 6/- for two loads of peats, and Alexr. Paull 16 merks and 8d. for leather 
with 5/- each for expenses of plea. 

Decree of Forthcoming. Win. Cruikschank in Meikill Warthill v. Isobell Dune, 
widow of James Thomsone in Lumfuird. By a decree arbitral registered ' ' in the buikis 
of this present Auditorie" on n December 1617, John Couper in Auldcraig, as taking 
burden on him for his brother, William Couper, was ordained to pay to the Pursuer 60. 
The Defender, Mrs. Thomsone, was due loo merks to John Couper, which had been 
arrested by Cruikschank. Decree of forthcoming for ^60 was now pronounced with 
2O/- of expenses. 

2TO 



Decree Books: Vol. IL, Contents 



1617. 

Feb. 12. Nature of Actions not disclosed. Robert Cassie, Cordoner in Abd. v. Alexr. 

Irving of Waster Collairlie, Alexr. Jamesone, Tailzeour in Aberdeen and Marjorie 
Fergussone. Defences were lodged by Jamesone and Fergussone, but not by Irving. 
As against the last named the term was circumduced, but the case does not appear 
again. 

Alexr. Fraser of New Forrest v. Magnus Smith in Denend. Fraser sued as 
Assignee of Margaret Hay, who was the widow of Mr. Michael Fraser of Techmuirie. 
An Interlocutor was pronounced on June 25, in which the consignation of 4O/- was 
made a condition precedent to the defender leading proof of improbation. 

Decree for Payment. Patrick Mengzeis, burgess of Abd. v. George Broune 
in Mure of Rynie, George Philp at the Tempill of Chrystis Kirk and James Adame in 
Dumoyes. Merchandise. Decree against Broune for ,8, against Philp for 16 merks, 
and against Adame for 24, with 13/4 each for expenses. The record bears that the 
Defenders had been summoned to appear that day and often before to give their oaths 
of verity with certification pro confesso. 

Decree for Payment. Matthew Robertsone, burgess of Aberdeen v. Patrick 
Gray in Johnestoun. Decree for 25 merks 5/- of money with 13/4 for expenses. 

Decree for Payment. John Pettindreiche at the Ower Mylne of Crowden v. 
William Hantoun in Southesses. Decree for 5 firlots of oats at 6 p. boll, 5 firlots of 
beir at 8 p. boll, with 2O/- for expenses. 

Nature of Action not disclosed. John Stewart in Kincraigie v. Andrew Mitschell 
there. Continued to 19 February for Interlocutor, but no further entry found. 

Decree for Payment. William Touche in Findlatrie and Elspet Forbes, his wife 
v. James Forbes in Ardlar, father of the female pursuer. The Pursuers were married in 
July 1613. The Defender promised 200 merks with his daughter " in dott and tocher" 
which he had not paid. Elspet left three ewes belonging to her in her father's keeping 
at the time of the marriage, which he retained. This decree was for payment of the 200 
merks and of 43/4 for each ewe with 2O/- for expenses. Claims for interest on the 
money and the "excrescent profits" of the ewes were departed Irom. 

19. Nature of Action not disclosed. John Gareoch in Badevin v. Win. Gillespie in 

Meikill Endovie. Along with the summons the Petitioner's procurator produced a 
petition and for instructing thereof an Assignation and Intimation "quhilk was instant- 
lie taken up be the producer." The case disappears without a final judgment. 

Decree for Payment. Ronald Chessour, burgess of Abd. v. James Scot in 
Inverourie and John Fergus there. The Pursuer had the gift of the escheat of one 
Alexander Gawan, deceased, to whom Scot owed 4O/- and Fergus 24/- of " borrowit 
siluer," for which decree was now given against them, with 3/4 each for expenses. 



Aberdeenshire Sheriff Court : 
1617. 

Feb. 26. Nature of Actions not disclosed. Andrew King, Advocate [in Aberdeen] v. 

John Yuill, sometime in Murthill, Alexr. Craig in Auldfauld, and Andrew Craig in 
Nether Murthill. At the first calling on February 5, an Act of the Commissariot of 
Aberdeen was produced by the Pursuer. Case does not appear after March 5, when 
there was circumduction on account of the failure of the Defender to lodge eiks. 

Patrick Ramsay, Tailzeour, servitor to John Leslie of Balquhane v. Andrew 
Touche in Brigend of Knokandochie. This case was first called on February I, and 
after defences and replies had been lodged, the present diet was fixed for the giving in 
of eiks by the Defender. He failed to do so, the term was circumduced, and no farther 
entry has been found. 

Magnus Mowat of Bolquhollie, John Moncur of Slains and Mr. Alexr. Irving, 
Advocate v. Alexander Skeine of Culquhorsie. At this diet replies by the Pursuer 
to the eiks to the defences were handed in, and the Sheriff assigned March 5 to 
pronounce interlocutor, but no farther entry has been found until 4 March, 1618, near 
the end of the volume, when the cause was awakened. 

James Smyth in Elrick r. John Gareoch in Badevin and James Gareoch his son. 
After a couple of enrolments, this case disappeared. 

James Leslie at the Mylne of Warthill i>. John Leslie of Wardesand Robert Glenny 
in Brigend. After defences were lodged, the case dropped out of the roll. 

March 5. John Lytilljohne in Kearden, Takisman of the tua pairt of the toune and landis of 

Cragmylne and fermorar thairof v. Hector Dauidsone in Pettodrie. Defences ordered 
on March 12. On June 4 the defences were repelled and proof allowed. 

James Walker in Peterheid 7.1. George Gardyne in Conzeack. This case was set 
down to have a diet fixed for proof of the Defender's peremptory exceptions, which 
ought to have been adduced on 3 July, 1616. March 19 was fixed for the purpose. 
On April 12 there was produced by the Defender a tack of the " half tua pairt landis of 
Thundertoune," dated 23 March 1611. 

Decree of Wrongous Intromission. Alexr. Murray, burgess of Abd. v. 
Alexr. Symmer in Boddumes. The Defender was said to have " melled and intro- 
mettit " with grain bought by Pursuer from Andrew Cargill in Boddumes; but was 
assoilzied by virtue of his oath from all, except some 3O/- worth, for which, with 6/8 for 
expenses, there was decree. 

Action of Spuilzie. George Chalmer of Balbithen and George Crich toune of 
Bailziestoune, his factor and chamberlain v. Henry Ray in Petcapill. 12 March 
assigned for defences, which were lodged, but no entry has been found after 12 April. 

12. Nature of Action not disclosed. Patrick Leyth of Licklieheid v. Walter Idill in 

Auchlyne. In respect of failure to lodge eiks to the defences, the Sheriff granted 
circumduction. Admitted to Pursuer's probation on 12 April. 

212 



Decree Books: Vol. fl., Contents 



1617. 

March 12. Decree of Wrongous Intromission. Donald Andersone in Kintoir v. Stephen 

Mackie at the Mylne of Kyntoir. Decree for a load of meal crop 1604, estimated at 
six firlots, price per boll 12 merks. One boll of malt crop 1612, price 10. Expenses 
of action 4O/- 

19. Nature of Action not disclosed. Thomas Gordone of Grandome v. Wm. Daniell 

in Auchrathe. The pursuer sued as Assignee of one William Allanache and Beatrix 
Russel, his wife. The Court fixed 26 March for pronouncing Interlocutor, when all 
the defences and eiks were repelled and the libel admitted to the Pursuer's probation. 

Action for Rents. John Gordoune of Petlurge v. James Cheyne in Elrick. 
Continued to next day for replies to the defences. After many diets there is an im- 
portant entry on I Octr., when the Defender cited the Pursuer, Gilbert Johnestoune of 
Peddeismylne, Mr. Geo. Ilervie, Notary, John Duncane in the Mains of Straloche 
and John Gordoane of Chappeltoune. To the diet on October 31 there were 
summoned as witnesses, in addition to the foregoing, Mr. Robert Gordoune of Fechill, 
who was admitted and sworn, Wm. Gordoune at the Mylne of Straloche, " quha was 
repellit in respect of affinitie than rakint at the bar," Johne Johnestoun in Owertoun 
and George Gordoune in Brunthill, objections to whom were taken to avizandum. 
Case not mentioned after 12 November. 

Nature of Actions not disclosed. Alexr. Craufuird, portioner of Raithen, as 
Assignee of George Craufuird of Annochie v. John Low in Auchnagat. Objections 
were given in against the productions and replies ordered on 26 March. 

Mr. Wm. Gordone of Carnefeild v. Mr. Alexr. Innes of Danisloune. Letters of 
Advocation presented stopping case until the last day of March. 

Action of Damages. Hector Dauidsone in Pettodrie t'. John Lyttilljohne some- 
time in Cragmylne then in Kearden. The Pursuer sued for ^100 "for the interest to 
be sustenit be the said persewar in nocht mainteinning of the biging of the rowme of 
Cragmyll." Defences to be lodged on 26 March. 

Decree for Payment of Borrowed Money. Isobell Ilervie, widow of James 
Thomsone, Flesher in Abd. v. Janet Williamsone in Petmuckstounc. 4 . 6 . 8 of 
borrowed silver sued for. The Defender had been personally summoned but did not 
appear. The claim was then referred to the Pursuer's oath. The result was a decree 
with 6/8 of expenses. 

Decree in Supplement. Damages. Mr. John Leythe of Blairioune, Com- 
missary of Abd. v. George Gardyne in Wastburne. This was a decree in supple- 
ment of a decree of the Court of the lands of Blairtounc, held on 16 November, 1614, 
by which the Defender along with Andrew Davidsone in Blairtoune was found liable 
of his own consent to put the Mill of Blairtoune in repair under the penalty of ^40 to 
be paid equally between them. By this decree Gardyne, who had left the laird of 
Blairtoune's lands and jurisdiction, was ordained to pay 20, being his half of the 
penalty, for failure to repair the Mill. 

213 



Aberdeenshire Sheriff Court: 

1617. 

March 20. Nature of Action not disclosed. Mr. William Chalmer, portioner of Waster 

Fintray v. Andrew Dauidson in Middill Disblair. Various interlocutory entries are 
found previous to July 31 when the Defender was allowed a proof prout de jure of his 
last defence and eik, all the other defences being repelled. The Sheriff changed his 
mind, however, at a later stage. {Vide 3 Dec. infra.} 

Decree for Wrongous Intromission. William Barnet, Tailor, burgess of 
Abd. v. Andrew Andersone in Petmuckstoune. Three ewes belonging to the 
Pursuer and marked with his mark were being pastured on the possession of James 
Alschioner in Rubislaw when the Defender took them. The Defender was ordained to 
restore them or pay 4O/- for each with i6/- of expenses. The value asked by the 
Pursuer for each ewe was ^4. 

Action of Improbation. The Procurator Fiscal and Andrew Hervie elder of 
Elrick, and others v. George Currour of Swailend. An action at the instance of 
Currour against the Ilervics was pending at this time {vide infra 29 March) and 
approaching decision. This action to improve (disprove) the execution of the summons 
in the pending cause was apparently raised by way of a desperate attempt to stave off a 
judgment in the principal cause. It was not successful. 

26. Nature of Actions not disclosed. IJarie Gordounc in Haddo z 1 . John Gordoune of 

Tillielt. Interlocutor to be pronounced on the following day ; but no farther entry 
found. 

George Annand, lawful son of Mr. William Annand of Collihill v. James Setone 
of Pctmedden, Janet Setoun, widow of Mr. Wm. Annand of Collihill, and Arthur 
Chalmer in Abd., her husband, for his interest, and George Chalmer of Balbithen, 
admitted for his interest. This diet has been fixed for the Sheriff to pronounce inter- 
locutor upon an exception proponed by George Chalmer of Balbithen : but the Sheriff 
refused to admit it because Mr. Arthur Watt, procurator of George Chalmer " refuisit 
to giwe his aithe that he haid informatione of the said George Chalmer to propone the 
samen or that he believit his informatione was trew. " The defences were also repelled 
and proof allowed. At the first diet of proof on 12 April, it was proved that the Pursuer 
was born in December 1614, and was therefore of age. The question of whether the 
lands of Lochtulloche had been redeemed or not was also the subject of evidence. 

Decree of Wrongous Intromission. Alexander Mowtray in Auld Abd., 
Assignee of Robt. Skeine, burgess of Abd. v. William Galloway, Cordoner in Abd. 
The Defender was ordained to deliver to the Pursuer " tua sufficient new glassin 
wundowis of new glass of compas wark of fourtie four futes pryce of the fute sex 
schillingis " or to pay 6/- per foot for the glass. The Pursuer claimed $ " for penting 
of the defenderis storme wundowis and peit steanis of his hous conforme to the valour 
of the oylis and warkmanschip in performing lhairof." Instead of ^4 there was 
allowed for this 33/4. The expenses were fixed at 26/8. 

214 



Decree Books: Vol. H, Contents 

1617. 

March 29. Decree of Wrongous Intromission. George Currour of Swailend in Saint 

Machar v. Andrew Hervie, elder of Elrick, James and Andrew Hervie, his sons. As 
proprietor of Swailend the Pursuer claimed a holding sometime occupied by one James 
Donald, then in Monycabak and the crop thereon, which for farther security he arrested. 
The Harveys took possession of the crop, but after considerable litigation were found 
to be wrong. The Pursuer stated the crop at 120 bolls oats and 40 bolls beir. The 
mode of estimating the quantity was " Ilk thrie thrawis 1 aittis estimat to ane boll corne 
Ilk four thrawes beir estimat to ane boll beir . . . Inde auchtein scoir thrawis 
aittis with the fodder." Price of oats stated at 6 of beir 8 per boll. The Pursuer 
had to be content with a decree for 36 bolls of " brokit corne" with the fodder, at 5 
merks per boll, and 4 bolls beir with the fodder, at 8 merks. Expenses ^5. 

Nature of Action not disclosed. Wm. Reid in Pettindreiche v. George Gordone in 
Tillinessill. The last day of April assigned for defences. On June 25 the term of 
lodging eiks to the defences was circumdaced. On November 12 the defences were 
repelled except the defence of Improbation. 

Action of Spuilzie. Walter Ortoune in Auld Abd. v John Touche, elder, 
burgess of Abd. The last day of April assigned for defences. After various procedure 
appearance was withdrawn for Defender on 31 Oclr. At a first diet of proof on 12 
Novr., Wm. Watt, Notary, and Wm. Garioche, officer, were examined for Pursuer, but 
no farther entry has been found. 

Nature of Action not disclosed. James Ilervie of Elrick, Assignee of Andrew 
Hervie, his son, v. Mr. Wm. Leslie of Siveildie. Defender passed from his appearance 
and libel admitted to the Pursuer's probation. Decree on 30 July. 

Action of Mill Multures. Alexander Gordoune at Kethokismylne v. Patrick 
Leyth in Ealgonie. Defences to be lodged on 4 June, which was done. After all the 
written pleadings had been lodged, the Sheriff on 9 July fixed 16 July to pronounce 
Interlocutor, but no farther entry has been found. 

Nature of Actions not disclosed. George Chalmer, younger, burgess of Abd. v. 
Duncan Blakhall in Clerkseit. The Pursuer's Procurator produced letters of Inhibition 
and executions thereof. Various procedure ensued, but the case was not on the roll 
after 9 July. 

Robert Moreis in Cremond v. Magnus Gellan in and John Frost there. 

Defences to be lodged on 4 June. Ultimately the time for lodging eiks to the defences 
was circumduced on 23 July. 

Decree for Violent Profits. John Gordoune of Auchindoir v. Robert Gordoun 
at the Mylne of Auchindoir. The Defender had been in wrongous occupation of the 
Mill, mill lands and a croft called Blakhillok since Whitsunday 1615. The \alue of the 
grazing of 10 oxen, 6 cows, 6 horses," 60 yeild nolt and 120 sheep and lambs was sued 
for but not allowed. The multures, knaveships and sequels of the mill were also sued 
for and allowed : but while there was claimed for these 6 firlots of victual half meal 
half malt every 24 hours at ,8 per boll, the amount decerned for has been unfortunately 
left blank. Expenses 5 merks. The defences had been withdrawn, and proof allowed 
so far back as 26 July 1616. 

I. A thrawe or threave seems to have consisted of 24 sheaves. 
215 



Aberdeenshire Sheriff Court: 

1617. 

March 29. Action of Spuilzie. Mr. James Leask, Minister of Cuschnie v. John Thomsone 

in Kirktoune of Awfuird, John Calder there and Alexr. Coupar in Argethin. Subject 
of Spuilzie not mentioned. On 30 July the defences were repelled, and the case remitted 
to the Pursuer's probation. On 31 Octr. there were examined as witnesses, John Reid 
in Brydiswall, John Roberlsone in Knokriauche, William Clerk in Kirktoune of Cuschnie 
and Robert Morgin in Belnakellie. The Defender desired the Pursuer's oath of calumny, ' 
which he gave. 

Decree for Payment of Borrowed Money, etc. John Andersone, Cordoner in 
Abd. v. Duncan Forest in Petfour, Alexr. Murray there and Robert Andersone there. 
Decree against all Defenders conjunctly and severally for 16 merks of " borrowit siluer," 
and also against Forest for i8/- for a pair of shoes. Expenses decerned for 4O/-. 

Decree for Payment of Annuity. Mr. Alexr. Irving, Advocate [in Aberdeen] 
v. Andrew Hervey of Elrick. By Letters of Obligation dated 4 February 1608, Ilervie 
hnd bound himself to pay Irving 10 per annum from Whitsunday 1608 during the 
latter's life. Nothing had been paid, and decree was asked both for the past due and 
future payments. This was granted for what was past due ; but the Defender was 
assoilzied pro loco el teinpore from the other conclusion, without prejudice to the Pursuer 
to sue for the future payments " as accordis of the law." 

June 4. Nature of Action not disclosed. John Cruikshank in Kintoir v. Henry Smart 

there. Defences and eiks repelled, and libel admitted to Pursuer's probation. 

18. Action of Deforcement. Mr. Wm. Barclay, Procurator Fiscal, and James 
Wilsonc in Balhenie, sometime in Towburne, for his interest v. Alex. Wilsone in 
Cowdrain and Alexr. Gordoune of Blelok. Defences lodged. Replies to be put in on 
June 25. No entry found after 16 July, when the Pursuer's replies to the Defenders' 
ciks were lodged. 

Nature of Actions not disclosed. John Andersone in Kintoir v. William Makie in 
Tofthillis. Replies to defences to be lodged on June 25, but this is the only entry 
found. 

George Michie in \Vedderburne v. Robert Home in Beigishill. Replies to defences 
to be lodged on June 25. The term for lodging Eiks to the defences was circumduced 
on 9 July. 

Marjorie Mengzeis, widow of Mr. Gilbert Gray, Principal of the New College of 
Abd. v. John Wallace in Beildsyde. Defences to be lodged on June 25, which was 
done, after which no entry found. 

Decree of Removing. Mr. Wm. Ray, Advocate in Abd. v. John Ilervie, 
Robert Chalmer, Henry Ray and Thomas Mackie, all tenants in Wester Fintray. The 
Pursuer, produced Sasine of the lands dated 3 July, 1616. Notary John Leslie. 

19. Decree of Removing. Wm. Udnie of that Ilk, Donator to the liferent and 
escheat of John Gordoune of Newtoune v. George Schand in Newtoune of Wranghame 
in Culsalmond. The Pursuer produced a Charter and an Act of the Court of the 
Barony of Newtoun held within the [?] woman house thereof on 27 May, 1617, bearing 
that Defender had agreed voluntarily to remove from the plough of land called Brokiesyd. 

2l6 



Decree Books : Vol. IL, Contents 

1617. 

June 20. Decree of Removing. Gilbert Baird of Auchmedden v. Charles Kennert in 

Bottinkairne of Auchmunzeall. The Defender was ordained to remove from eight 
oxengait of Netherhill of Auchmunzeall in the parish of Deer. Sasine dated 20 June, 
1594. Notary the late John Symsone. 

Action of Removing. William King, son of the late William King in Dumbrek, 
with consent of John Bruce of Grayas-Fortrie and James Johnestoune of Isakstoun, his 
curator v. Mr. James Ord of Dumbrek and John Walker in Aiihous of Dumbrek. The 
Defenders were sought to be removed from the sunny half of Aiihous of Dumbrek, in 
the parish of Udny, of which the Pursuer was stated to be heritable proprietor (pro- 
bably in wadset). There was produced a sasine of date 29 January, 1617. Notary 
Andrew Cruickshank. This case was advocated on 23 July. 

25. Action of Spuilzie. Absolvitor. Troyalus Knight in Fraserisburghl v. Patrick 

and Alexander Crowdane in Kinglasser. The Defenders were charged vvilh 4 tethers 
at 2/- each, said to have been cut by them and their servants from the Pursuer's horses. 
Three plaids at ^4 each taken from the Pursuer's herds. Alexander was said to be due 
2O/- of borrowed silver and for drink. Patrick i8/- for borrowed silver and drink, a 
peck of meal io/-, 3 bolls of corn eaten by a foal in 1615 at 4 per boll and a boll of 
calf corn eaten in 1616 at 5 merks per boll. On a reference to their oaths the Defenders 
" denyit the haill contentis of the said petitione " and were assoilzied. 

Decree of Removing. Robert Keythe of Auldmad v. Gilbert Keythe in Mains 
of Ardmacher. The "sone pleuche of the Mains of Ardmacher" in the parish of 
Deer. Sasine produced dated 7 December, 1610. Notary the late William Jak. 

Decree of Removing. John Forbes of Brux v. James Mowatt in Mains of 
Muresk. The " sone east pleuche of the Mains of Muresk," in the parish of Turriff. 
Pursuer's Sasine dated 26 September, 1607. Notary the late William Ogstoune. 

Action of Removing. Thomas Murray, burgess of Abd. v. William Austein at 
Mylne of Murthill. The " equall half of the Mylne of Murthill, croftis, Mylne land 
housis," &c., "in the parochins of Peterculter and Banchorie Devcnik." Pursuer's 
Sasine dated 5 August, 1607. Notary Mr. Arthur Watt. 

July 2. Nature of Actions not disclosed. Procurator Fiscal and Adam Fraser of Finzeauche 

for his interest v. Alexander Shref and John Copland. Only this and two or three 
formal interlocutors have been found. 

John Richie in Torryleith v. James Symmer at the Mylne of Gawell. In absence 
of the Defender summons admitted to the Pursuer's probation. 

Decree of Removing. Isobell Forbes, Lady Balbegnocht v. Patrick or Peter 
Dickie in Aiihous of Kinmundie. The Pursuer was liferentrix of the croft called " the 
Aiihous Croft of Kinmundie " in the parish of Peterheacl in virtue of Sasine produced, 
but of which the date is not given. Notary Alexander Youngsone. 

EE 217 



Aberdeenshire Sheriff Court : 

1617. 

July. 2., Decree for Damages. Pig-sticking. Allaster Andersone in Rippachie v. 
Duncan Name in Knoksoull, James Makmay in Kinnadie, John Lowrance in Cotter - 
toune of Pettalachie, Duncan Smyth in Knoksoul, John Ker, elder and younger there, 
Thomas Makmei there and Alexr. Cuik there. The Defenders were charged with 
" the wrangous slaying and stiking of tua suyne and ane sow " belonging to the Pursuer 
in August 1616, and were found liable. The value put upon each animal by the 
Pursuer was 10, in addition to the " excrescent profits" of the female, which, accord- 
ing to the theory of the Pursuer, would have produced in the interim three litters, each 
litter numbering 18 gryces [sucking pigs]. The Sheriff Depute, after hearing proof, 
allowed 30 merks for the three " stikit " pigs with 4O/- of expenses, ignoring altogether 
the progeny which might have been. 

Action for Payment of Malt. Wm. Forbes in Kynmundie v. George Calder 
and Margaret Mitschell, his wife, in Kingiswallis, James Auldmeill, Isobell Sang in 
Schethokisleye, Wm. Porter in Foulertoun and Wm. Wagrell, in Tailtie. On behalf 
of a'l the Defenders, except Auldmeill, an opportunity was asked to lodge defences, but 
upon July 23 there was a decree against Calder to pay two firlots of " rin met malt " 
price 5 merks 6/8d., and Auldmeill three firlots malt price 8 merks 4/4d., with 6/8d. 
each for expenses. 

July 9. Decree of Transferring. George Johnestoune, burgess of Abd. v. George 

Johnestoune of that Ilk, as heir to his father John Johnestoune of that Ilk. By this 
decree the obligations contained in a Discharge and Bond of Warrandice granted on 
February 2, 1610, by John Johnestoune of that Ilk and Caskieben in favor of the 
Pursuer were transferred passive in the person of the Defender, as heir served to his 
father. The circumstances under which the deed was granted are stated at great length 
in the Bond, which is engrossed verbatim in the Decree. The following is a summary : 
Thomas Johnesloune, burgess of Abd., uncle of the Pursuer, sold the lands of 
Middiltoune of Disblair, Toux, Ordeis, Suttetoune and Bruntlandwaird, in the Regality 
of Lindores and Barony and Parish of Fintray, to John Johnestoune, the Defender's 
father, with clause of absolute warrandice ; but Helen Arbuthnot, widow of John 
Leslie in Boggis and wife of John Gordoune of Tilligrig, claimed to be liferentrix of the 
shadow fourth part of Middiltoune of Disblair, as conjunct fiar with John Leslie, her first 
husband, in virtue of a conveyance from the late Archibald Wod, of earlier date than 
Wod's disposition to Thomas Johnestoune. Helen Arbuthnot, now Gordoune, raised 
actions in the Court of Session against both George Johnestoune, as heir to his uncle 
Thomas, and John Johnestoune of that Ilk, for payment of the rents for the period since 
her first husband John Leslie's death in 1 590. The rents and services were stated to 
be "tua chalders wictuall tua pairt meill and third pairt beir ane dossone of cappones 
ane dossone of pultrie ane weddir ane lamb." Owing to the " mediatione and 
intercession of certane my weill effected freindis " and in consideration of a payment 
of 800 merks, the late John Johnestoune had discharged and relieved the Pursuer, 
George Johnestoune, of these Court of Session actions and took the whole burden on 
himself and his heirs. Among the witnesses to the deed were Robert Johnestoune of 
Crimond, Gilbert Johnestoune of Taweltie and Mr. Robert Davidsone, Advocate, in 
Abd. 

218 



Decree Books: Vol. IL, Contents 



1617. 

July 16. Nature of Action not disclosed. William Setoune of Blair v. Andrew Peirie in 

Auldtounleyis. Replies to defences ordered for 23 July but case is not mentioned after 
30 July. 

Decree for Payment of Borrowed Money. Alexr. Young in Kinmondie v. 
Gilbert Ronaldsone in Blakhillis, John Middiltonne in Edit, Wm. and James Phannes 
in Auchlie, Patrick Davidsone in Kingiswallis, John Symesone there and John Smythe 
there. Ronaldsone appeared and admitted being due 40 merks of borrowed money. 
Middiltoune admitted a debt of 22 for sheep bought from the Pursuer. The other 
Defenders did not appear but were found liable as follows : James Phannes 6 merks 
borrowed silver. Wm. Phannes 5 merks for a ewe and 5 merks for a wedder. 
Davidsone ,40 borrowed three years previously. Symesone 20 merks the price of 
nolt and Smythe 10 borrowed two years before. Expenses io/- each. 

Decree for Payment of Butter. Janet Duncan, widow of Abraham Forbes 
of Blaktoune v. Alexr. Burnet, burgess of Abd. as cautioner for Andrew Hay, skipper, 
in Peterheid. 21 stones of butter at 5 merks per stone with ^3 for expenses, conform 
to a decree obtained against the principal debtor with 2O/- of expenses in this action. 

Decree of Removing. John Hay of Cremondmogat v. Isobell Fraser, widow of 
Thomas Smyth in Cremondmogat, and John and Walter Smyth, her sons. Eight 
oxengait of the lands of Nethertoune of Cremondmogat, in the parishes of Cremond and 
Lonmay. A Sasine was produced but no date or Notary mentioned. 

Action of Spuilzie. Francis Chrystisone in Auldmad v. Robert Lowrence there. 
The Defender did not appear, and the Sheriff Depute admitted the libel to the Pursuer's 
probation. 

Decree of Removing. John Urrie, heritable proprietor of the subjects v. Wm. 
Johnestoune, elder, in Innerurie. Two and one half " ruiddis " of land on the east 
side of the Burgh of Innerurie. A Sasine was produced but no particulars of it given. 

Decree for Payment. Abstracted Multures. Andrew Ogstoune, Takisman of 
the Milne of Crichie v. Wm. Legartwod, sometime in Kinadie then in Annachie. 
A certain amount of meal for abstracted multures in the years 1610, II, 12, 13, 14, 15 
and 16 at 6 per boll with 13/4 of expenses. 

22. Action for Rent. Andrew Watsone in Auchlie v. James Davidsone there. 

Defences to be lodged on July 24. On July 31 all the defences and eiks were repelled 
except the last defence, of which the Defender was allowed a proof prout de jure. 
After various diets had been assigned for proof the term for proving the defence was 
circumduced on 3 December. 

Decree of Removing. William, Lord Keithe and Altrie, Maister of Merschell 
and James Walkar in Peterheid v. James Davidsone in Auchlie. Four oxengait of the 
lands of Auchlie in the parish of Deir. Walkar's Sasine was produced, dated 19 June, 
1615. Notary the late John Arbuthnot. Defences to be lodged on July 24. On July 31 
all the defences and eiks were repelled except the last defence and last eik, of which a 
proof was allowed per scripta. On October I the Defender referred his defence to the 
Pursuer's oath of verity but this was disallowed, the proof allowed being per scripta 
tantum. Decree of Removing was pronounced on October 31. 

219 



Aberdeenshire Sheriff Court: 

1617. 

July 23. Nature of Action not disclosed. Mr. Patrick Cheyne in Ellone v. Alexr. Follay 

[? in Arnage]. Defences on 30 July. Last entry on I October. 

Decree of Removing. Wm. Irving of Murthill v. Alexr. Moreis sometime in 
Auldfauldeis of Murthill thereafter in Kennertie. The shadow four oxengait lands of 
the shadow plough of the town and lands of Auldfauldis of Murthill in the parishes of 
" Petirculter and Banchorie Devinnik." The Pursuer's Sasine was said to be in the 
hands of John Hunter, Notary and Substitute Clerk of Court. 

Action of Removing. Wm. Forbes, Fiar of Bairnis v. Patrick Leithe of 
Liklieheid, Patrick Leithe, younger, his son, George Gordoune of Terpersie, John 
Gordoune in Braidfuird, Robert Leythe in Liklieheid and a number of others. The 
Defenders were said to have been duly warned before Whitsunday to remove from the 
" aucht pairt of the toune and landis of Auchlewin" in the parish of Premnay. 
Pursuer's Sasine, 12 July, 1615. Notary George Barclay. Defences ordered on 30 
July, but the end of the case is not reached in this volume. 

Nature of Actions not disclosed. Adam Quhytcors at the Mylne of Kinguiddie v. 
Andrew Cuming in Hillok of Auchinhuif. Defences to be lodged on 30 July. This 
not being done the term was circumduced. 

Andrew Walker in Cottoune of Gicht v. Wm. Angous in Lethintie. In absence 
of Defender the Pursuer's petition admitted to his probation. 

James Chessour, Girsman in Counteswallis v. Win. Yuill in Hall of Murthill and 
James Yuill in Newtoune of Murthill. Defences to be lodged on 30 July, but no entry 
found then or afterwards. 

Decree of Removing. James Garioche of Kinstair and Mr. James Skeyine of 
Waster Corss v. Margaret Ranie, widow of John Smyth in Meikill Endovie, James 
Smyth now her husband for his interest, and Thomas Foullartoun in Milne of Badinley. 
The Defenders were ordained to remove from Meikill Endovie and Mill of Badinley 
respectively of which there was produced for the Pursuers a Sasine dated 31 May, 1616. 
Notary William Forbes. 

Nature of Action not disclosed. Alexander Cuming, Tailzeour, burgess of Abd. 
v. Margaret Waus, widow of the late in Petfoddellis. July 29 

assigned for defences, but no entry then or afterwards. 

Action of Mill Multures. James Garioche of Kinstair and Mr. James Skeyine of 
Waster Corss v. John Lumisdane of Tillikayrne. The Defender, Lumisdane, maintained 
that he was astricted to pay only three bolls malt and seven bolls meal to the Pursuer's 
mill for crop 1616 and offered to do so provided they had right to exact it. The offer 
was not accepted and defences were ordered for 31 July. The Pursuer's Sasine of the 
Mill and Multure was produced but no date is given. Decree was pronounced against 
Lumisdane on 18 March, 1618, for payment to Garioche of the equal half of 3 bolls 
malt and 7 bolls meal as dry multure, with $ of expenses. It was found that the 
Pursuer, Garioche, had a title by disposition from Wm. Forbes of Corsinday. 

220 



Decree Books : Vol. IL, Contents 



1617. 

July 23. Decree in Supplement. Rent. Alexander Buchane in Lamermuir v. John 

Lyne at the Mill of Litill Drumquhendill. At the Court of the Barony of Little 
Drumquhendill held within the Manor House on 15 January, 1617, the Defender con- 
fessed that there was due to the Pursuer as principal tacksman of the shadow plough of 
the sunny side of Litill Drumquhendill certain rents for crops 1615 and 1616, and the 
Act of that Court was now produced for the purpose of obtaining Decree in Supplement, 
which, in the absence of the Defender, was granted. It appears from the entry that 
Gilbert Reid was Fiar of Drumquhendill at this time. 

25. Nature of Actions not disclosed. Janet Duncane, widow of Abraham Forbes of 

Blaktoun v. John Boigie in Badintuye. In the absence of the Defender the Pursuer's 
libel was admitted to her probation. 

30. James Gordoune in Clat v. Alexr. Scherar in Scoltis Miln. Defences lodged and 

answered. After various procedure the case was advocated on December 23. 

Duncan Forbes of Auchterkeig v. Arthur Urquhart and John Strauchin. Defences 
lodged. Replies ordered for the following day and lodged then, but no further entry 
found. 

Patrick Hendersone in Pervynneis v. Constantine Buchane in Lochehillis. Defences 
lodged and answered. The term for lodging eiks to the defences was circumduced on 
I October. 

Decree of Removing'. John Leslie of Wardes v. Tennants of Innerurie (a large 
number). The Pursuer's summons styled him "heritabill proprieter of the Dawacht 
landis and ruiddis " of Innerurie. The date of the Sasine produced was not given. 

Action for Rent. Wm. Gordoune of Sauchine v. Robert Aikine, sometime at 
the New Milne of Sauchine then in Auchquhathe. The Pursuer sued for payment of 
10 merks each for 7 bolls of oats of past due rent. Circumduction of the term for 
lodging defences was asked and granted on 31 July. 

Nature of Actions not disclosed. Alexr. Crudane in Kinboig v. Troyalus Knicht 
sometime in Kinglasser then in Fraserburgh. Defences ordered for next day and then 
lodged, but no further entry. 

John Wilsone in Kinmondie v. Patrick Forbes in Fynnersie. The term for 
lodging eiks by the Defender was circumduced on I October. 

Decree for Payment. John Andersone, Cordinar, burgess of Abd. v. Alexr. 
Andersone, son of the late Gawyne Andersone. Decree passed in absence for $ io/- 
of borrowed silver with io/- of expenses. 

Nature of Action not disclosed. Lillias Craufurd, Liferentrix of Craigiehill v. 
Alexr. Bowman, Andrew Kid and William Wilsone all in Elrik. In absence of the 
Defenders the Pursuer's petition was admitted to her probation. In an entry on 31 
October the Pursuer is designed " relict of Umqll Robert Innes in Meikill Elrick." 

221 



Aberdeenshire Sheriff Court: 

1617. 

July 30. Action for Breach of Contract. Absolvitor. John Ritchie in Torrileith &. 
James Symmer at the Milne of Cawill. The Pursu r sought entry to a house, but on a 
reference to the Defender's oath he deponed that the Pursuer promised to " big " the 
house before Whitsunday, which he had failed to do. 

Decree of Wrongxms Intromission. John Williamsone, burgess of Abd. v. 
Duncan Blakhall in Clerkseit, Alexr. Blak and James Brabner, Maltmen, burgesses of 
Abd. The Defenders were ordained to restore 10 bolls "ferine beir " and 10 bolls 
" seid beir " with $ of expenses. The entry is long but the following is a summary. 
In the month of May, 1615, the Pursuer, who was the proprietor, let for five years to 
Andrew Broune, then indweller and burgess of Abd., "his four croftis of land callit 
Aidiepringill Langrig Spittellhill and Croft besyde the Lipperhous " and also a barn 
and yard " lyand upone the wast syd of the Gallowgait" on certain terms, lie also, 
on certain conditions, advanced to him beir to sow the crofts. The produce was 
stacked in the yard above mentioned. The tenant evidently got into difficulties and 
the stacks in the yard were arrested at the landlord's instance, as well as at the instance 
of his wife, Bessie Burnet. The Defenders, doubtless creditors of Broune, subsequently 
removed the stacks, but were found liable by this decree to make good the arrester's 
claim. [Vide supra, p. 210.] 

Decree of Spuilzie. Troyalus Knicht in Fraserburgh v. Alexr. Crowdane in 
Kinglasser and Patrick Crowdane, his son, there. It would appear that the Pursuer 
had preceded the Defenders in the occupation of Kinglasser, in the parish of Rathen, 
and that in the month of September, 1616, the Crowdanes had taken possession of the 
crop then in stook upon the farm. What the Pursuer sued for was " thrie scoir thrawis 
aittis and tuentie thrawis of beir Ilk four thrawis aittis estimat to ane boll Ilk thrie 
thrawis beir estimat to ane boll " at $ per boll for the oats, and j per boll for the 
beir, besides " excrescent profitis." What was decerned for was 7^ bolls of oats at 5 
merks and 4 bolls of beir at $. Expenses of action ^"4. 

Decree for Payment of Borrowed Money. James Hervie, son and assignee of 
Andrew Hervie of Elrick v. Mr. Wm. Leslie of Seveildie. Decree for sums of 100 
and 200 merks with interest on the latter sum from 1597 to Martinmas, 1615, "accord- 
ing to the Act of Parliament." Expenses ,4. 

31. Action of Spuilzie. James Donaldsone, burgess of Abd., Donator to the escheat 

and liferent of James Keythe of Kinadie v. John Clerk in Strathry. The Defender did 
not appear and the libel was admitted to the Pursuer's probation. 

Action for Payment. John Gordone of Craig v. John Gordoune in Drymmeis, 
John Cow there, George Blakhall there, James Gordoune, sometime in Drymmeis, and 
Alexander Blakhall of that Ilk. The Pursuer sued for certain victual due to him by 
John Gordon in Drymmeis and George Blakhall, for whom the other Defenders were 
cautioners. At this diet he protested for the highest prices. 



Decree Books: VoL H, Contents 

1617. 

July 31. Decree of Removing. William Irvine of Beltie v. Wm. Keythe in Ower Altrie, 

Thomas Martein in Nether Altrie and John Keyth in Nether Altrie. The Defenders 
were summoned to remove from the " middill pleuche and aucht oxingait of Ower 
Altrie;" from the " schaddow four oxingait of Nether Altrie" and from the " sone 
pleuche of Nathair Altrie " respectively, these holdings being all in the Lordship of 
Deer. Pursuer produced Sasine dated 15 October, 1616. Notary Mr. Gilbert Ross. 
Mr. Win. Keythe appeared and was ordered to lodge defences on the second day of 
the " heid Michealmas Court ; " while decree passed against the other Defenders. 

Octr. i. Action for Rent. John Strauchine at the Mylne of Auchtercoull v. James Cowtis 

in Tailzea. To this diet of proof there were summoned as witnesses for the Defender 
John Gordoune of Tilliquhodie, Robert Cowtis of Auchtercoull, Patrick Gordoune of 
Kincraigie, Mr. James Straquhan, persone of Coldsteane, Mr. Wm. Robertsone, 
Minister at Tarlen, John Gordoune in Tilliludge, John Straquhan in Strathmore, John 
Ross there and John Tais, of whom the laird of Auchtercoull and John Gordoune in 
Tilliludge only attended. An instrument under subscription of Robt. Stewin, Notary 
dated 7 August, 1616, was produced. After two subsequent diets, at which none of 
the witnesses were produced, the term for proving the defence was circumduced on 
3 December. No later entry found. 

Action of Spuilzie. John Merchand in Kincardyne O Neil v. David Canzeauche 
at the Mylne of Camphell. Defences to be lodged on October 31, which was done, 
but no farther entry has been found. 

Nature of Actions not disclosed. George Leslie of that Ilk v. William Dawie in 
Chappeltoune of Leslie. The Defender did not appear and libel was admitted to the 
Pursuer's probation. 

Alexr. Chalmer, burgess of Abd. v. Duncan Blakhall in Clerkseit and Andrew 
Broune in Abd. Blakhall was represented by a Procurator, and 31 October assigned 
for defences. After replies to the defences were lodged on 3 December, no entry has 
been found. 

Alexr. Buchane in Lamermuir v. Mr. John Cheyne of Arnage, Alexr. Follay there, 
Mr. Patrick Cheyne there, Thomas Schewan in Towie Arnage and Thomas Simsone in 
Carnedelie. The Procurator for the Defender, produced a discharge dated 2 June, 1615, 
and registered in the Commissary Court Book 23 July, 1617. The Defender got until 
October 31 to object. At that diet no objections were produced and the term was 
circumduced. 

Andrew Duckisone in Wattererne v. Patrick Mernis in Rubislaw. Action awakened 
and interlocutor to be pronounced on October 31, but as no farther enlry has been found 
the probability is that the case again fell asleep. 

223 



Aberdeenshire Sheriff Court : 

1617. 

Octr. I. Action of Removing. Mr. George Setoune of Barra v. George Johnestoune of 

Caskieben, Wm. Dune in Muirtoune, John Dune there, George Petrie there, Alexr. 
and Robert Moreis at the Walkmylne of the same. Johnestoune is called as pretended 
principal tenant of the lands of " Muirtoune, Walkmylne thairof, alias the Lytillmuir," 
and he and the others were sought to be removed from these and " speciallie from the 
Copland fauldis, muiris and marrases of the same Lochtigrine Walkmylne of Bourtie 
and croft thairof" as parts and pertinents of Barra in the Barony of Barra. Sasine 
dated 5 July, 1615. Notary Mr. William Andersone. On October 31 an advocation 
was produced sisting the case until November 30. 

31. Action for Rent. John Forbes of Petsligo v. John Ogstoune in Lytill Bomakellie. 

A rental book subscribed by the Defender was produced and also the Pursuer's Sasine 
dated 6 August, 1600. Notary William Mortimer. Defences to be lodged on November 
12. The pleading ran its usual course but no entry has been found after 3 December. 

Nature of Actions not disclosed. Mr. Wm. Barclay, Procurator Fiscal, and 
Hendrie Umphray for his interest v. Patrick Meldrum in Lenscha and Robert Broune 
in Cuschnie. The cause was awakened and continued to 12 November for Interlocutor 
but this is the only entry found. 

Duncan Fyiff in Kincardin v. Robert Davidsone in Stranduff and his wife Bessie 
and his daughter. Defences ordered on November 12 and then lodged, after which no 
entry has been found. 

Wm. Tower in Auchmenzie v. James Vilsone in Ardlenie (? Ardlony). Defender 
not appearing the libel was admitted to the Pursuer's probation. 

Bernard Stewart in Marlewall v. Charles Fyiff at the Mylne of Drumnauchie and 
James Fyiff there, his brother. Defenders not appearing the libel was admitted to the 
Pursuer's probation. 

Win. Cuik in Urinall v. Alexr. Fraser of Forrest and Edward Fraser in Frasris- 
burghe. Defences ordered on November 1 2 and lodged. No farther entry. 

Action of Spuilzie. Annabell Byris, widow of Alexr. Flunter in Craigtoune v. 
Patrick Hunter in Pyiktilhim. Defences ordered on November 12. On January 28, 
1618, the whole defences were repelled and the libel admitted to the Pursuer's proba- 
tion. 

Nature of Actions not disclosed. John Forbes of Petsligo v. Edward Auldmeill 
in Mains of Pitsligo. The Defender, who did not appear, is designed as " tennent 
and occupiar of tuelff boliis sawing" of the Mains of Petsligo. Libel admitted to 
Pursuer's probation. There was a diet of proof in February, 1618, at which a rental 
book and Sasine were produced. 

Gilbert Ronaldsone in Carnie v. John Galloway in Liddauche of Skene, James 
Young in Bankheid, Alexr. Galloway in Hessilheid and Alexr. Watsone, Messenger. 
Action awakened and defences to be lodged on November 12. No termination re- 
corded. 

224 



Decree Books: Vol. IL, Contents 



1617. 

Octr. 31. Decree for Rent. James Garioche of Kinstair and Mr. James Skene of Waster 

Cross v. Mr. William Burnet, Minister at Kynnernie. Being examined on oath, the 
Defender admitted being due 16 bolls of victual, whereof 4 bolls of malt, for Lytill 
Carneday, crop 1616, and 13 bolls victual, of which 4 were malt, for four oxengait of 
Corsinday, crop 1616, with I boll of multure victual, for which and 3O/- of expenses 
decree passed. 

Novr. I. Nature of Action not disclosed. Wm. Udnie, elder, of that Ilk v, Andrew Adame 

in Auld Abd. Defences ordered for November 12. The defences were repelled on 
January 15 and a proof allowed. On January 28 the Defender failtd to answer his 
citation as a witness, and the Pursuer's libel was admitted to his probation. 

Decree of Removing. William Troupt of Pettindreiche v. Wm. Symsone at the 
Mylne of Keig and Alexr. Symsone, his son, there. The Defenders were ordained to 
remove from " the southe eist quarter lands of the said toune and landis of Pettindreiche 
extending to ane pleuche of land lyand within the parochin of Keig, Regalitie of Sanct 
Androwis and Shrefdome of Abirdein." Sasine dated 4 December, 1593. Notary 
the late John Boig. An extract of a horning registered in the Sheriff Court books on 
12 April, 1613, at the instance of Thomas Clerk and Cristiane Leslie, his spouse, 
against Symsone was also produced and founded on. 

12. Nature of Actions not disclosed. Alexr. Matthowsone now in Standingsteanis v. 

Arthur Chalmer in Abd. Defences ordered for November 19. These were repelled 
on January 15, 1618, except the last part of the first eik and the defence and eik relating 
to improbation. On 5 February, 1618, there were cited as witnesses for the defence 
George Chalmer of Balbithen, James Setoune of Petmedden, Alexr. Holland, burgess 
of Abd., Mr. Robert Paip, Advocate, John King in Balbithen, Mr. John Walker, 
Parson of Kinkell, John Andersone in Craigforthie, Harie Ray in Petcapill and George 
Crichtoun of Baillyistoun, none of whom attended except George Chalmer and Rolland, 
who were objected to and repelled. The end of the case is not reached. 

Gilbert Mengzeis of Petfoddellis v. Andrew King, Advocate, in Abd. Defences 
ordered for November 19. On 10 December the term for lodging eiks to the defences 
was circumduced. On 5 February, 1618, the cause was awakened and the Defender 
ordained to say " agains the new mendit lybell." The case was still in progress when 
the volume ended. 

James Andersone, alias Walker, in Setoune v. Alexr.- Mackie in Wattertoune, 
James Leyth there, William Matthowsone there, James Fettes there, William Watt 
there and Janet Suentoun there. In absence of Defenders, Pursuer's libel admitted to 
his probation. There was a diet of proof on 18 February, 1618, but no result has been 
found. 

Decree of Removing 1 . The Marquis of Huntly v. his tenants. A very large 
number of tenants of holdings described as " lyand within our Marqueisit of Huntlie 
and Shrefdome of Abd." were found to have been in violent possession since Whitsun- 
day, and were in absence ordained to remove, James Gordon of Knokespock being the 
sitting Sheriff Depute. Mr. Robert Paip produced executions of warning against the 
Defenders, but no Sasine or other title as was usual in such cases, 

FF 225 



Aberdeenshire Sheriff Court: 

1617. 

Novr. 19. Action for Delivery. Absolvitor. Bessie Mackie, lawful daughter of the late 

Gilbert Mackie, burgess of Abd. v. Agnes Lyell, wife of George Johnestoune, burgess 
of Abd., and the said George Johnestoune. The Pursuer sought delivery of " tua 
broune gownes the ane thairof of fyne Lundone broune or violat claithe with ane red 
border of veluet haueing thrie slikingis of silk on ilk ane of the said borders in all pairtis 
of the bodie and sleiwis and round about the hem thairof price of the same " 72. As 
lyikwayes . . . ane uther broune gowne of Scottis claithe pesamentit in 
all pairtis pryce thairof" ^30. The Pursuer referred her case to the oaths of her 
opponents, who denied ever having had the gowns and were assoilzied. 

26. Nature of Actions not disclosed. Patrick Gordone of Brasmoir v. Edward Cruik- 

schank in Auld Abd. In absence of Defender the Pursuer's libel admitted to his proba- 
tion. 

Andrew llucheone sometime in Cultis now in Petfoddellis v. Andrew Craig 
in Cultis. Defences ordered on 3 December. 

Decree for Payment. Patrick Mengzeis, burgess of Abd. v. Alexr. Young in 
Kinmondie. 20 for " merchandice and utheris comptis and rakningis coft and 
resauit " which should have been paid at Whitsunday with 2O/- of expenses. 

Decree for Payment. Wm. Forbes in Kinmondie v. John Johnstoune in 
Maidinecraig and Alexr. Young in Kinmondie. Johnestoune was ordained to pay 
^7 io/-, being balance of 10 the price of a mare. The decree against Young was 
for the price of two bolls of " quhyt aits " crop 1616 at 6 per boll, with 13/4 each of 
expenses. 

Decree for Rent. Patrick Leithe of Liklieheid v. Wm. Forbes, sometime at 
Auchlewine now at Brig of Die. The Defender had been the Pursuer's tenant of 8 
oxengait of his lands of Auchleven, and the conclusions of this action were for very 
considerable sums of " byrin dewties " services and customs, in respect of the tenancy 
for the years 1612, 13, 14, and 15. The prices of the grain were to be according " to 
the feirs of the saids yeiris." What was decerned for was " tuelf bollis meill ferme 
wictuall for the cropc forsaid [1615] pryce of the boll aucht markis sex sh viiid accord- 
ing to the feir of the said yeir withe the sowme of sex pounds money for expenss 5 of pley 
maid in persute of the said caus." The following is the history of the process in Court, 
which was apparently a normal one : Febry. 12, summons presented ; 19, defences 
lodged ; 26, Replies lodged ; March 5, eiks to defences ordered ; 12, eiks lodged and 
replies ordered ; 19, Replies lodged and interlocutor to be pronounced on March 26 ; 
26, no entry ; 29, defences and eiks for the Defender repelled, except the last eik, of 
which proof allowed to him ; the superplus of the libel admitted to the Pursuer's 
probation ; April 23 assigned for proof ; April 23, no court apparently ; 30, the 
Procurators for the Defender offered to refer the truth of the defences to the oaths of 
the Pursuer and his wife ; the other side protested ; July 19, three witnesses examined 
for Pursuer and one called, who did not appear ; Pursuer " tuik to preiwe for the 
secund;" 30, the second diet of proof; the witness who failed to appear at last diet 
was examined; the Pursuer "tuik to preiwe for the third;" the Pursuer and his 
wife, Katharine Skene, also appeared and gave their oaths of verity ; Novr. 26, decree 
as above. 

226 



Decree Books: Vol. IL, Contents 

\ 

1617. 

Deer. 3. Nature of Actions not disclosed. Mr. Thomas Nicolsone, Commissary of Abd. 

v. Katherine Ray, widow of James Glenny, and Wm. Stewin, her husband, Gilbert 
Leslie, James Allone, all in Boigis of Fintray, John Symmer in Newlandis, James 
Symmer, Thomas Rob, Magnus Symmer, Helen Symmer, widow ot James Irnesyd, 
and John Leslie, her husband, all in Haltoune of Fintray. Defences to be lodged on 
December 10. On January 14 the defences were repelled and a proof allowed to the 
Pursuer. There is no record of the fiist diet but the second diet was on January 28, 
after which no entry is found in this volume. 

Patrick Gordoune of Brasmoir v. Wm. Barnet, Tailzeor, burgess of Abd. De- 
fences to be lodged on December 10, which was done, but no farther entry found. 

William Leslie of Warthill v. James Liddell, otherwise Ridlar, in Maynis of Eycht, 
John Yeman in Culquhorsie, Alexr. Skeyne in Dumbrek, and David Alshonder in 
Litill Eycht. Defences to be lodged on December 10. The case last appears in this 
vol. on ii March, 1618, when the defences were repelled and a proof allowed to the 
Pursuer. As excrescent profits are mentioned the case must have been one of wrongous 
possession or intromission of some kiud. 

Decree for Payment. Gilbert Davidsone in Quhythill v. Alexr. Walker in Deir. 
12 merks for malt with 2O/- of expenses. 

Nature of Actions not disclosed. Adam Gordoune of Boghoill, as factor and 
chalmerlane to Wm. Gordoune of Saphak, his brother v. William Cassie in Chappel- 
toune of Shewes. In the absence of the Defender the Pursuer's libel was admitted to 
his probation "in quantum juris" and the Pursuer referred to the Defender's oath 
" the rest of the lybell in quantum facti pro confesso" On December 20 the Pursuer's 
Procurator produced a horning against the Defender as probation " quantum juris" 
also the Pursuer's Sasine (no date given) and his Factory. The Defender not appearing 
to depone " quantum facti" decree was moved for. 

Chalmer v. Davidsone \supra 20 March p. 214]. The Sheriff Depute refused to 
allow an exception by the Defender to be proved except by writ or oath, notwith- 
standing the plea of the Defender's Procurator to the effect that it " micht be prowing 
be witness 5 being bying and selling of ferme wictuall nocht exceiding the sowme of 
sewin scoir poundis." 

10. Decree of Removing'. George, Earl Merschell, etc., etc. v. John Andersone. 

The Defender was ordained to remove " from four oxingait lands of the Owir Dawache 
landis of Kintoir." The Procurator for the Pursuer stated that his Sasine was in the 
hands of Mr. William Andersone, Sheriff Clerk. 

Action of Wrongous Intromission. John Smyth in Feuchesyd v. Thomas 
Smyth in Orcharstoune. Defences to be lodged on December 17, but no entry found 
after 14 January, 1618. 

Decree for Payment. David Cathrow in Abd. v. James Forbes in Breddauche 
and Gilbert Galloway in Eister Carnie. Decree passed against P'orbes for 29 merks 
and against Galloway for 22 merks upon condition that the Pursuer procured the loosing 
of Arrestments which had been laid on these sums by " George, Erll Merschall." 

227 



Aberdeenshire Sheriff Court: 

1617. 

Deer. 17. Continuation of Court. The Sheriff Depute "ex consensti procuratorum" con- 

tinued all the cases to December 20. 

20. Action of Spuilzie or Wrongous Intromission. Patrick Foullar in Auch- 
quheorthy v. Isobell Roust, now in Boigheidis, widow of Patrick Mylne, sometime in 
Thainstoune. Defences to be lodged on 14 January next. No entry found after II 
February, 1618. 

Curatory. George Forbes, third lawful son of Wm. Forbes of Tolquhone, with 
consent of his father. The next of kin called were Mr. Walter Forbes of Auchma- 
leidie, John Forbes of Petnacaddell, George Ogilvie of Carnowseis, James Ogilvie of 
Auchleuchreis and Robert Ogilvie, burgess of Banff, son of Sir George Ogilvie of 
Dunlugas, knight. It would rather appear that none of these attended. The Curators 
chosen were William Craig in Tarves and Patrick Forbes in Thainstoune, who, being 
present, accepted office and became cautioners for each other. 

Curatory. Cristiane Cheyne, only bairne and lawful dochter to the late Mr. 
Francis Cheyne sometime of Craigie. The next of kin called were Mr. John Cheyne 
of Arnage, Thomas Cheyne of Ranestoune, Andrew Meldrum of Tillicairne and Patrick 
Meldrum of Frosterhill. The Curators chosen were Andrew Meldrum of Tillicairne 
and William Craig in Tarvxs, who accepted office and became cautioners for each other. 
1618. 

Jany. 14. Nature of Action not disclosed. Wm. Ramsay in Meanie v. Alexr. Sangster in 

Watrichmuir. In the absence of the Defender the Pursuer's petition was admitted to 
his probation. 

Decree in Supplement. Alexr. Lyoune of Brakay v, John Stewart sometime 
at the Mylne of Glascha. Defender absent. The Pursuer's petition admitted to his 
probation. A subsequent entry at same court bears that the Pursuer produced an act 
of a court held in the house of Wm. Watt in Middiltoune on 22 March, 1617, in proof 
of his claim. Decree passed for ^45 13/4. 

Nature of Actions not disclosed. Wm. Forbes of Kynmundie v. James Gray in 
Kynmundie, Duncan Blakhall in Clerkseit and Wm. Davidsone in Crabistoun. De- 
fences to be lodged on January 21, but no entry found after n February. 

Alexander Scherar at the Scotis Mylne v. Duncan Forbes of Bithnie, Elspet Forbes, 
his wife, and John Cleriche there. Defences to be lodged on January 21. No entry 
found after 18 February. 

Decree for Damages. Master and Servant. Mr. Robert Bisset, Fiar of 
Lessindrum v. Gilbert Robertsone, sometime in Cultis, then in Gulburne. This is the 
first case of the kind which has been found. The Defender, who had engaged to serve 
the Pursuer from Whitsunday to Martinmas, 1617, but failed to enter his service, was 
ordained to pay the Pursuer ^10 with 13/4 of expenses. 

21. Action of Relief. James Ridlar in the Mains of Echt v. Arthur Forbes of Boig. 
\Supra p. 227]. The Pursuer produced for instructing his case the principal process 
at the instance of Wm. Leslie of Warthill against him. In absence of the Defender 
the Pursuer was allowed a proof of his libel. 

228 



Decree Books: Vol. H, Contents 



1618. 

Jany. 21. Nature of Action not disclosed. Bartholl Youngsone in Nether Dyce and William 

Scherar there v. Thomas Scherar in Nether Dyce and Alexr. Watsone there. In 
absence of the Defender the libel was admitted to the Pursuer's probation. 

Feby. 4. Continuation of Court. The Sheriff Depute, with consent of the Procurators, 

continued all the cases until next day. 

5. Nature of Actions not disclosed. John Vilsone in Kynmundie v. Andrew Smyth in 

Liddauche. Action wakened and February 1 1 assigned for lodging eiks to defences. 
This was not done and the term was then circumduced. 

John Vilsone in Kynmundie v. Patrick Forbes in Fynnersie. Action wakened and 
interlocutor to be pronounced on 1 1 February, but this is the only entry. 

Thomas Sinclair in Kynnadie v. Alexr. Bowman in Meikill Elrick, Wm. Wilsone 
there and Andrew Kid there. Defences to be lodged on February II, but this is the 
only entry. 

Decree in Supplement. John Galloway in Liddauche v. Gilbert Galloway in 
Eister Carnie. This was a decree " in supplementiirn justitiae " of a decree of the 
Court of " the Barronie of Skene and Kintoir hauldin within the cutter chalmer of the 
said Johne Galloway " on 19 July, 1616, whereby the Defender was decerned on his 
own confession to pay to the Pursuer 50 merks for the price of " ane horss coft and 
receawit." The cost of the extract of the Barony Court was 6/8 and the expenses of 
process 4O/-. 

Nature of Actions not disclosed. John Hunter, burgess of Abd. v. John 
Strathauchin, Merchand, there. Defences to be lodged on February n, but after 
appearing once or twice the case dropped from the roll. 

II. John Fraser of Sklaitie v. Alexr. Walker in Milnehill, John Hendersone there, 

John Lang in Greinburne, Wm. Name in Sklaitie, Archibald Smyth there and David 
Barnet in Waigley. The Defenders being all absent the summons was admitted to the 
Pursuer's probation. 

John Bruce at Meikill Mylne of Essilmont v. Andrew Ross in Fechill. In absence 
of the Defender the summons was admitted to the Pursuer's probation. 

Action for Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and 
Mr. Alexr. Irvine, Advocate for his interest v. Alexander Hervie in Auld Abd. An 
arrestment was produced with the summons and 18 February assigned for lodging 
defences. No farther entry found. 

Decree for Rent. James Walker in Peterheid v. George Gardyne in Ard- 
mauchar. Decree passed against Defender for the balance of the rent of his occupation, 
the amount being 3 bolls I firlot of " ferme meill " at 8 merks 6sh 8d per boll and I 
boll oats "small come" at 5 merks per boll according to the " feir of the year 
lybellit " with 13/4 of expenses. 

229 



Aberdeenshire Sheriff Court: 

1618. 

Feby. n. Decree for Price of Corn. James Leyth in Wattertoun v. David Andersone 

alias Walker in Mylnehill, Alexr. Andersone, alias Walker there, John Hendersone 
there, John Chalmcr there, Patrick Fraser in Strukenheavin, W T m. Chalmer in Watter- 
toune, Wm. Reid at the Mylne of Wattertoune, James Aikin in Glen and James 
Scherar there. Decree in absence passed against these nine Defenders individually 
for separate claims, for the price of small quantities of corn, with 3/4 of expenses 
against each Defender. The corn was of the crops 1616 and 1617. The terms 
" pryce corne" and " calf corne " are used here and elsewhere apparently to indicate 
different kinds of corn. 

Decree for Price of Corn. Alexander Mackie in Wattertoun z>. the same 
Defenders as in preceding case. In this case all the Defenders were examined on oath, 
except Alex. Andersone and Fraser, and were ordained to pay the sums admitted by 
them, but no mention is made of expenses. Fraser appeared on 18 February and 
deponed, where the decree was for the amount admitted also without expenses. 
Against Alexr. Anderson there was decree in absence on that day. 

18. Nature of Actions not disclosed. John Leslie of Fetcapill v. Ronald Cheyne in 

Ardieharrauld. Replies lodged. Interlocutor to be pronounced on February 25. The 
term for lodging eiks was circumduced on 4 March. 

The Procurator Fiscal and Mr. Alexr. Irvine, Advocate, for his interest v. James 
Andersone, alias Walker, in Setoune. Defences lodged. Replies ordered on February 
25. The last mention of the case is on 18 March. 

John Arthour in Mownie v. Wm. Pantoune in Langlandwallis. Defences lodged. 
Replies ordered on February 25. No entry after 4 March. 

Decree for Price of Corn. Thomas Davidsone in Eister Disblair v. Andrew 
Davidsone in Middill Disblair. I boll "calf corne" and I boll " pryce corne" crop 
1615 with 13/4 of expenses. 

Nature of Action not disclosed. James Leyth in Wattertoun v. James Andersone, 
alias Walker, in Setoune. February 25 assigned for defences, but unfortunately a page 
or two are missing and this and some other cases do not appear again. 

Decree for Price of Corn. James Andersone, alias Walker, in Setoune v. 
Wm. Watt, Wobster in Wattertoune and Janet Suentoun there. Small quantities of 
corn crops 1614-15-16 and 17. 

25. Action of Spuilzie. William Elmslie in Pettoucheis v. John Reid in Annagat- 

hill, Duncan Robertsone in Cornabo, Alexr. Andersone in Pettindreiche and Robert 
Cuschnie in Lytill Abercatie. March 4 assigned for defences. End of the case not 
reached in this volume. 

March 4. Nature of Action not disclosed. Patrick Stewin in Meikill Clyntertie v. John 

Tellie in Bishopisclintertie and John Chalmer there. March 1 1 assigned for defences. 
On that day there was a cross action on the roll at the instance of Tellie against Stewin. 

230 



Decree Books: Vol. IL, Contents 

1618. 

March 4. Decree for Price of a Cow, etc. Richard Smyth, Flescher, burgess of Abd. 

v. George Walker, Wobscer, in Ferriehill. Decree passed for 4 merks balance of the 
price of " ane kow " and 7 merks which the Pursuer as cautioner for the Defender had 
to pay to Thomas Cheyne of Ranestoun, with 13/4 of expenses. 

II. Nature of Actions not disclosed. Gilbert Davidsone in Quhythill v. David and 

James Robertsone in Percok and Alexr. Walker in Deir. A diet of proof. A decree 
and arrestment with the executions were produced as evidence and proof renounced. 

18. James Ross in Abd. v. David Lindsay, Tincklar, in Abd., and John Gardyne, 

messenger. Defences produced. 

Decree of Removing. John Leslie of Wardes v. John Andersone in Landends 
of Meikill Durnocht. The Defender appeared and consented to remove, to which the 
Sheriff Depute interponed his authority. 

Decree of Removing. John Forbes of Petsligo v. Barbara Findlay, widow of 
Alexr. Gill, at the Mylne of Auchlyne and Robert Gill, his son. The Defenders were 
ordained to remove from Mill and Mill Lands of Auchlyne and Mill and Mill Lands of 
Petsligo. An act of renunciation dated 13 March current was produced by the De- 
fenders' Procurator, under the hand of Mr. Patrick Chalmer, Notary Public, to which 
the Sheriff Depute inlerponed his authority. 

Nature of Action not disclosed. John Gordone of Petlurge v. George Siwewricht 
in Botarie. Defender absent. Libel admitted to Pursuer's probation. 

Action of Damages. Killing a Mare. Absolvitor. John Andersone in 
Kintoir v. William Mackie in Tofthillis. The Pursuer claimed from the Defender 20 
merks as the " pryce of ane meir alledgit stikit. and slaine be the said Defendar with 
ane come fow [corn fork or pitchfork] in April, 1616. On a reference to his oath the 
Defender deponed that the contents of the petition " was nawayes of trcuthe nor 
veritie," and he was assoilzed. 

Decree of Removing. Desertion of Holding. Alexr. Lyoune of Brakay v. 
John Farquhar in Birks of Tillifour. The Defender had a five years lease from Whit- 
sunday, 1615, but had deserted the possession and this decree was necessary for the 
landlord's security before dealing with the subject. 



231 



Illustrative Examples taken from VoL II. of Decree Books, 

A Bride's Tocher 

(12 Febry 1617) 

The said day in the Actione and Caus persewit be Williame Touche 
in Findlatrie and Elspet Forbes his spous agains James Forbes in Ardlar 
Compeirit Mr James Irving procuratour for the persewaris and producit 
ane sumondis dewlie execute and indorsit to this day agains the said 
defender to sueir and depon upone the contends [of] ane lybellit 
sumondis referrit to his aithe be the persewaris with certificatione pro 
confesso Quhilk James Forbes being oft tymes callit and nocht com- 
peirand lauchfull tyme of day being biddin The said Mr James Irving 
procuratour for the persewaris protestit according to the sumondis that 
the lybell sould be hauldin as confessit specialie concerning the payment 
of the sowme of Tua hundreth merkis usuall monie of this rcalme quhilk 
the said defender promeisit to pay to the said William Touche in dott 
and tocher with the said Elspet Forbes his spous in the moneth of July 
or thairby i m sex hundrethe and threttein yeiris and the payment and 
delyurie of thrie yeowis left be the said Elspet the tyme of the matrimonie 
in the possessione of the said James her father pryce of the peice fourtie 
thrie sh four penneis as in the said lybell at mair lenthe is contenit and 
past fra the haill remanent contentis of the said lybell concerning the 
profeits of the said principall sowme of Tua hundrethe merks and ex- 
crescent profeitis of the saidis thrie yeowis quhilk protestatione the 
Shref depute admittit and decernit and ordainit the said James Forbes 
to pay and delyuer to the said Williame Touche and Elspet Forbes his 
spous the said sowme of Tua hundrethe merkis dott and tocher togidder 
with the sowme of fourtie thrie sh iiijd for ilk piece of the saidis thrie 
yeowis and tuentie sh for expensis of pley [&c., &c.] 



Value of Glass Windows 

(26 March 1617) 

The said day in the actione and caus persewit be Alexander 
Mowtray in Auld Abd assignay lauchfullie constitut be Robert Skeine 
burges of Abd agains Williame Galloway Cordoner in Abd for the 

212 



Decree Books: Vol. IL, Illustrative Examples 

wrangous violent internetting with tua glassin vindowis of new compass 
wark contening fourtie four futtis of new glas pryce of the fute sex sh 
viijd in the moneth of Julij last by past i m sex hundrethe and sextein 
yeiris the saidis vindowis than pertaining to the said Robert and was in 
his possessione dyuers weikis and dayes abefoir the defenderis wrangous 
intromissione thairwith aboue writtin quhairthrow the said Complener is 
damnifeit in the sowme of twenty four merkis by and attour the pryce of 
the saidis vindowis be the said defenderis lang detentione thairof and 
thairfoir the said defender to be decernit to pay and delyuer to the said 
persewar the sowme of sex sh viijd for ilk fute of the saidis fourtie four 
futes of new glasin windowis togidder with the said sowme of tuentie 
four merkis for the persewaris domage throw want thairof as lyikvvayes 
to pay to the said persewar as assignay foirsaid the sowme of four pundis 
for penting of the defenderis storme windowis and peit steam's of his 
hous conforme to the valour of the oylis and warkmanschip in perform- 
ing thairof as in the lybellit sumondis raisit thairanent at mair lenth is 
contenit Compeirit Mr James Irving procuratour for the persewar and 

producit ane sumondis the Shref deput foirsaid haueing 

hard sein and considerit the haill proces productis and depositiones of 
dyuers famous witnessis producit admittit and suorne in the said caus 
fand and pronuncit that the said defender haid done wrang in the 
wrangous and violent intrometting with the saidis tua glasin windowis of 
new compas wark conteining fourtie four futtis of new glass pryce of the 
fute sex schilling and threttie thrie sh iiijd for the penting and culloring 
of the defenderis [? pursuer's] windowis and utheris as is lybellit and 
thairfoir decernis the said defender to delyuer to the said persewar tua 
sufficient new glassin windowis of new glass of compas wark of fourtie 
four futes pryce of the fute sex schillingis or then to pay to the said 
persewar the said sowme of sex schillingis for ilk fute of the saidis fourtie 
four futes with threttie thrie sh iiijd for penting and culloring as said is 
togidder with the sowme of tuentie sex sh viijd for expensis of pley maid 
in pcrsute of the said caus and absoluit the said defender fra the haill 
remanent contends of the persewaris lybell [&c., &c.] 



Pig-sticking in Strathdon 

(2 July 1617) 

The said day in the actione and caus persewit be Allaster Andersone 
in Rippachie agains Duncane Name in Knoksoull James Makmay in 
Kinnadie John Lowrance in Cottertoune of Pettalachie Duncane Smyth 
in Knoksoull Johne Ker elder and younger thair Thomas Makmei 
thair and Alexr Cuik thair touching the persewaris lybell desyring the 

GG 233 



Aberdeenshirc Sheriff Court: 

saids defenderis to heir and sie thameselfs decernit to haue done wrang 
in the wrangous slaying and stiking of tua suyne and ane sow in the 
monethe of August in the yeir of God i m sex hundrethe and sextein 
yeiris pertening to the said Allaster and in his possessione upone the 
grund and landis of Rippachie be feiding and pasturing of the said suyne 
he being in peicabill possessione thairof as said is as his awin proper 
suyne sua reput and hauldin and thairfoir the saidis persones to heir and 
sie thamselfis decernit to pay and delyuer for the said tua suyne and ane 
sow the sowme of ten pundis for the pryce of ilk suyne owerheid togidder 
with the excrescent profeitis of the said sow extending to thrie litteris 
in the yeir extending ilk litter to auchtein gryses pryce of the peice of 
ilk gryse xiij sh iiijd as in the lybellit sumondis raisit thairancnt at mair 
lenthe is contenit Compeirit Mr Williame Ray and Mr George Ander- 
sone procuratours for the persewar and producit ane sumondis devvlie 
execute and indorsit to this day agains the saidis defenderis to sueir and 
depone upone the contends of the said lybellit sumondis referrit to thair 
aithes be the said Allaster with certificatione pro confesso and according 
protestit the said mater sould be hauldin as confessit The Shref deput 
foirsaid haueving hard sein and considderit the haill process and being 
ryplie and at lenthe advysit thairwith Decernis the saidis defenderis with 
consent of the said persewar to pay and delyuer to him the sowme of 
ten merks for ilk ane of the said suyne and ten merkis for the said sow 
with the sowme of fourtie schillingis for expensis of pley maid in persute 
of the said caus and absoluis the saidis defenderis fra the haill remanent 
contends of the said perscwaris lybell [&c., &c.] 



Master and Servant. Breach of Engagement 

(14 Jany 1618) 

The said day Gilbert Robsone sumtyme in Cultis and now in Gul- 
burne was decernit in penam contumaciae being sumondit to this day 
with certificatione pro confesso and compeirit nocht being oft tymes 
callit lauchfull time of day bicldin To pay and delyuer to Mr Robert 
Bisset fiar of Lessindrum the sowme of ten punds for his seruice fra 
Witsonday i m sex hundrethe and sewintein to Martimes thaireftir becaus 
he promeisit faithfullie to haue enterit to the said persewaris seruice at 
the tyme foirsaid and did nocht with the sowme of threttein sh iiijd for 
expensis of pley [&c., &c.] 



234 



Decree Books: Vol. IL, Illustrative Examples 

Decree in Supplement. Price of a Horse 

(5 Feby 1618) 

The said day in the term assignit to pronounce interloquitor in the 
actioune and caus persewit be Johne Galloway in Liddache agains 
Gilbert Galloway in Eister Carnie compeirit Mr Alexander Irving pro- 
curatour for the said persewar and desyrit the said Interloquitor to be 
pronuncit The Shref deput foirsaid haueing hard sein and considderit 
the persewars lybell defendars defensis and eiks ansueris and replyis 
maid thairto for the pairt of the said persewar and being replie and at 
lenthe advysit thairwith Rcpellit the haill defensis and eiks proponit for 
the pairt of the said defendar and in supplimentum justiciae Interponit 
his auctoritie in and to ane Act of Court of the Barronie of Skeine and 
Kintoir hauldin within the outter chalmer of the said Johnc Galloway 
the nyntein day of July i m sex hundrethe and sextein yeiris quhair the 
said Gilbert was decernit of his awin confessionne to pay to the said 
persewar the sowme of feftie merkis usuall monie of this realme for the 
pryce of ane horss coft and receawit be the said Gilbert fra the said 
persewar with sex sh viijd for the extract of the said act [&c., &c.] 



2 35 



The Minute Books of Judicial Enactments 
Vol. III., J6J9-28 

As will be seen from the first date, a gap occurs of more than five 
years between this book and Vol. II. of the same series. It may be 
assumed, therefore, that one volume has been lost. The first date is 
2 Octr., 1619, and the last 24 May, 1628. 

The book consists of 338 pages, and has the appearance of being 
pretty nearly complete, although leaves are occasionally missing. In 
the first book of the series, such entries as Ratifications and Renuncia- 
tions by women, bore a very small proportion indeed to the Acts of 
Caution for Loosing of Arrestments, and acts of a similar character. 
In the second book, and in this one the disproportion is not nearly so 
marked, there being a decided increase in the number of entries of the 
former class. On the other hand, the Acts of Caution in connection 
with accusations of crime, which disappear altogether in the next two 
volumes of the series bear a smaller proportion to the whole, than in the 
preceding books. 

The frequency of the occurrence of the names Gordon and Forbes 
in this volume is probably more marked than in any of the others. 



236 



Table of Contents of Vol. ffl. of Minute Books of 
Judicial Enactments 

1619. 

Octr. 2. Loosings of Arrestments. George Leslie of Kincraigie v. John Clerk in 

Kirktoune of Touche and Thomas Blair there. Cautioner Wm. Forbes of Tillikerrie. 

6. Duncan Forbes of Bythe v. Andrew Fearnie in Quhytsteanis of Feddret. Cautioner 

James Ross, Notary Public, burgess of Abd. Crop and peats within the alleged 
bounds of the lands of Gulleis. 

8. Assault Blood-drawing. The Procurator Fiscal Mr. William Barclay, and 

Thomas Greig in Chappeltoun of Essilmont v. George Dovertie there. Cautioner 
John Johnestoun in Inglistoun. 

14. Assault Blood-drawing. The Procurator Fiscal and the said George Dovertie 
v, the said Thomas Greig. Cautioner George Bruce, Saidler, burgess of Abd. 

15. Loosings of Arrestments. George Meldrum of Haltoune v. James Hay in 
Muirriefauld. Cautioner John Forbes of Baddintuir. 

21. John Leyth of Montgarrie v. George and Henry Andersone in Clatt. Cautioner 

Wm. Andersone in Courtestoune. 

23. Thomas Burnet of Camphell v. Alexr. Gourley in . Cautioner Duncan 

Forbes of Balnagask. 

Novr. 5. John Fraser in Petnacaddell and Adam Frascr in Coignzeak v. Nicoll Baxter in 

Creichie. Cautioner Wm. Fywie in Auchtilair. 

6. Patrick Leyth, elder, of Licklieheid v. Duncan Hepburne in Auchlewine. 

Cautioner Wm. Freman at the " Bridg of Die." 

IO. George Gordoune of Terpersie v. Wm. Couper at the Mylne of Cabray. Cautioners 

George Scherar in Haddoche and Gilbert Chrystie in Litill Braklay in Cabray. 180 
merks in the hands of John Blak in Crannaboig. 

John Mylne of Tillibralen v. Patrick Gordoun, younger, in Fuilziemont. Cautioner 
John Mylne in Auld Auchindoir. ^600 in the hands of John Gordoun of Craig of 
Auchindoir. 

12. Mr. Walter Forbes of Auchmalidie v. John Youngsone there. Cautioner John 

Urquhart, occupier of two ploughs of Meikill Allathine. 

237 



Aberdeenshire Sheriff Court: 

1619. 

Novr. 12. Loosing of Arrestment. Margaret Lidclell, wife of John Mitchell, elder, Malt- 

man, burgess of Abd. v. John Mitchell, younger, his son. Cautioner the said John 
Mitchell, elder, There were special arrestments in the hands of Mr. Alexr. Jaffray, 
James Ray, Mr. Robert Farquhar, William Laing, burgesses, and of their wives. 
Also in the hands of Patrick Laing and Richard Rutherfuird, burgesses, and Margaret 
Collinsone, widow of Walter Collinsone, burgess. 

Renunciation and Discharge. Marjory Forbes, wid >w of William Gareauche 
of Kinstair, renounced her rights in the shadow plough of the east half of Kinstair in 
favor of her son, Wm. Abercrombie of Kemmalls. Two notaries one being the 
Sheriff Clerk subscribed for the lady. 

Loosings of Arrestments. John Forbes of Leslie v. Mr. Robert Irvine, Minister 
at Premnay. Cautioner Gilbert Forbes, second lawful son of John Forbes of Bairnis. 
An arrestmcnt had been used in the hands of Mr. Andrew Logic, Minister at Leslie. 

David Syme, Chamberlain of Slains v. Mr. Samuel Tullidaff, son of Thomas 
TullidafF, Minister at Fouerane. Cautioner Samuel Meassone, burgess of Abd. ^186 
in the hands of Mr. John Mcrser, Minister at Slains. 

Renunciation and Discharge. The subjects here redeemed were parts of 
Petlurge in the Regality of Spynie and County of Banff. These had been wadset to 
Wm. Smart in Li till Petlurge for 300 merks and to John Smart in Achynnachie for 600 
merks. Mr. Robert Gordoun of Fechill, as assignee to the Reversions, now paid the 
money and the lands were declared redeemed in his favor. 

Loosings of Arrestments. John Leslie, Fiar of Balquhane v. Richard Melving 
in Owertoun of Fetterneir. Cautioner John Gordoune of Kearthine. 

15. Alexr. Gray, burgess of Abd., as Curator of Knowis, son of the late 

Andrew Knowis v. John Smyth in Beildsyd. Cautioner Alexr. Chalmer, younger, 
burgess of Abd. 

[Some pages missing here.] 
1620. 

Jany. 29. Loosings of Arrestments. Wm. Ingrahame, burgess of Abd. v. Adam Quhyt 

in Scotistoune. Cautioner Gilbert Nuckoll in Pervines. 

Feby. 5. Elspet Moir, daughter of the late Andrew Moir and wife of Wm. Wat in Momewlay 

v. Marjory Cassie, widow of the said Andrew Moir, and alleged vitious intromitter with 
his estate. Cautioner Thomas Jamesone in Scotistoune, whom James Cassie off [? in] 
Quhytstrypis bound himself to relieve. 

21. Jean Blak, widow of Wm. Robertsone in Auchmacoy v. Gilbert Robertsone in 

Auchmacoy, father of William Robertsone and alleged intromitter with his estate. 
Cautioner Thomas Robertsone at the Mylne of Furwie. 24 ells of " linning cloth" in 
the hands of John Constable, Wobster. 

23. Horse-stealing and Reset. The Procurator Fiscal and Sheriff v. George 

Stot, elder and younger, in Scheiwes. Cautioner David Symsone, Saidler, burgess of 
Abd. 

238 



Judicial Enactments: Vol. EL, Contents 

1620. 

Feby. 24. Loosings of Arrestments. Robert Forbes of Echt v. Thomas Duncan in 

Sillavethie. Cautioner Alexr. Blair, Tailzeour, burgess of Abd. 

March 4. Janet Wod, widow of John Leslie of Kearthine and wife of John Gordoun of 

Kearthine v. Patrick Wat, George Blak and Alexr. Mearnes, tenants in Netherton of 
Knokinblewis. Cautioner John Leslie, Fiar of Balquhane. 

13. Renunciation and Discharge. Agnes Gray, wife of Thomas Mowtray, Fiar of 

Clubisgowill, renounced her rights to " Lochehillis, Loche thairof callit the Bischopis 
Loche," etc, in Sanct Machar, in favor of Mr. Robert Irving of Moncoffer. 

21. Loosings of Arrestments. Thomas Gordoune in Bellindorrie v. James Morgine 
in Bellintober. Cautioner John Gardyne in Bellamoir. 

22. Bessie Findley, widow and executrix of Andrew Hendersone v, Wm. Russell, 
burgess of Abd. Cautioner Mr. Alexr. Cullen, Baillie, burgess of Abd. It appears 
from the entry that Henderson's " Inland close, yard and pertinents lyand in the head 
of the Owerkirkgait " had been bought for 350 merks, which was in the hands of Alexr. 
Chalmer, younger, burgess of Abd. 

25. Alexander Leslie, son of John Leslie, elder, of Balquhane, as assignee of Francis 

Leslie, son-in-law [stepson] to John Gordoun of Kearthine v. the said John Gordoun 
and Wm. Leslie, also his son-in-law. Cautioner John Fergussone, burgess of Abd. 

April 12. George Edward in Bonietoune v. Patrick Leith, burgesss of Abd., son of Wm. 

Leith, also burgess there. Cautioner Wm. Leith, the father. 

13. Assault Blood-drawing. The Fiscal and Sheriff and Richard Crag in Gilcom- 

stoun and Margaret Walker, his wife v. John Woid there and Katherine Mernis, his 
wife, John Reid there and Isobel Mernis, his wife. It is particularly stated that 
Margaret Walker received " ane gryt straik on her foirheid." Cautioner John Troup 
in Gilcomstoun. 

15. Loosings of Arrestments. Donald Andersone in Kintoir v. Stewin Mackie 

there. Cautioner Mr. Wm. Ray, burgess of Abd. 

20. Patrick Dawidsone and Elspet Dawidsone, his daughter v. Thomas Dempster, 

Fleshour, burgess of Abd. Cautioner David Simsone, burgess there. 

22. John Bisset in Cranloche v. Alexr. Fordyce in Knythismylne [Knightsmill], James 

Findley, Andrew Broun, George Murray, Alexr. Murray, all in Creuchie, Thomas 
Millar and Wm. Barclay in Manes of Lessindrum, Gavin Reid, George Home, Alexr. 
Meldrum, John Duncane and Robert Barroun, all in Leyis, John Shand, Robert 
Hendrie, George Duncane, George Large and James Reid all in Lessindrum. 
Cautioner George Bisset in Lessindrum. 

28. Manslaughter. The Procurator Pascal v. James Walker at Garlogie, charged 

with being art and part in the slaughter of Alexr. Duncane in Litill Finnersie. 
Cautioner Wm. Walker at the Walk Mylne of Garlogie. 

2 39 



Aberdeenshire Sheriff Court: 

1620. 

April 29. Loosing of Arrestment. Wm. Forbes of Tolquhone v. Gilbert Buchane in 

Maynes of Watertoun. Cautioner Wm. Buchane in Artrochie. 

May 4. Assault and Mutilation. The Procurator Fiscal and Alexr. Tailzeour, Cadger 

in Inverurie v. Alexr. Wobster in Porterstoun. Cautioner Gilbert Johnes'.oun of 
Frosterhill. 

6. Illegal Apprehension. The Procurator Fiscal v. James Watt in Nether Glasco, 

Adam Watt in Netherbigging of Auchquhortheis and Patrick Watt in Nethertoun of 
Knokinblewis. Cautioner John Leslie, Fiar of Balquhane. The charge was " the 
alledgit taking and apprehending of Thomas Name, sone to Wa. Name in Kintoir." 

22. Loosings of Arrestments. Walter Walker in Arneheid v. David Peirie there. 
Cautioner Wm. Watt, Notary Public in Auld Abd. 

23. Mr. Alexander Gordoune, Minister of Glenmuik v. Mr. John Leslie, Minister at 
"the Kirkis of Tulliche, Glenmuk & Glengairdyne." Cautioner Edward Crukschank 
in Auld Abd. The teinds and vicarages of the three parishes had been inter alia 
arrested. 

24. John Leyth of Newtoune v. Wm. Smyth in Kearriemuir. Cautioner John Leslie, 
portioner of Buchanstoun. 

25. Mr. Patrick Andersone of Mylntoun of Nothe v. George Bruce there. Cautioner 
George Scot, burgess of Abd. In this case the buildings on Scot's occupation had been 
arrested. 

26. Dame Margaret Banerman, " Ladie Ludquharne," and Sir Wm. Keyth of Balmuir, 
Knight, her husband v. Thomas Reythe in Kellie. Cautioner Alexr. Birnie in Ower- 
hill of Kellie. 

29. James Reid of New Mylne v. Wm. Lyas in Lylill Mylne. Cautioner Mr. James 

Elphingstoune of Bairnes. Here the buildings had been arrested. 

June i. John Keyth of Carnetralzeane v. David Bisset, son of Arthur Bisset in Pettichie, 

who was cautioner for his son. 

James Baird in Fotterletter v. Marion Thomsone, widow of Alexr. Baird, some- 
time in Fotterletter. Cautioner Robert Hail, burgess of Abd., whom Henry Hutcheon 
in Fotterletter bound himself to relieve. 

Hectour Abircrombie of Wasthall v. John Crombie at the Mylne of Wasthall. 
Cautioner Andrew Johnestoune, Meassone, burgess of Abd. 

Alexr. Leslie, son of John Leslie, elder, of Balquhane v. the said John Crombie. 
Cautioner the said Andrew Johnestoune. 

2. Renunciation and Discharge. Euphane Hay, wife of John Fraser, formerly of 

Creichie then of Ardmacher, renounced her rights in Creichie in favor of John Walker, 
gon of James Walker in Peterheid and Margaret Keyth, his wife. 

240 



Judicial Enactments : Vol. EL, Contents 

1620. 

June 3. Renunciation and Discharge. Isobel Forbes, wife of Patrick Gordoune of 

Fuilziemont, renounced her rights in these lands in favor of John Gordoune, Fiar of 
Craige. This she did in fulfilment of a contract made between Gordoune of Craig as 
principal and Patrick Barclay, Fiar of Tollie, and George Barclay of Auchridie as 
cautioners on the one part, and her husband and herself as principals and Sir Alexr. 
Gordoun of Cluny and John Leslie of Wardes as cautioners, on the other part, for the 
redemption of the said lands of Fuilziemont. 

5. Loosings of Arrestments. William and John Leslie in v. Bessie 
Leslie and Marie Barclay, her husband, in . Cautioner George Barclay of 
Auchridie. 

James Leslie, sometime portioner of Comalegie and Beggishill v. Margaret Lyone 
and Normond Irwing, her husband, in Beggishill. Cautioner Mr. Robert Bisset, Fiar 
of Lessindrum. 

Act of Delivery of Writs. This was the name given to a judicial receipt and 
discharge granted by Wm. Gordoune, eldest lawful son of the late George Gordoune, 
sometime of Chappeltoune, and Adam Gordoune of Boighoill in favor of the Sheriff 
Depute, Sheriff Clerk as the custodier, and to Mr. Robert Paip, Advocate in Abd., as 
the producer of a " banded coffer " containing the title deeds of Saphak in Fyvie and 
other documents. The writs relating to Saphak were specially mentioned, and they 
with the coffer and remaining contents were handed to the granters, one of whom, 
Adam Gordoune, as proprietor of the lands, had raised an action for exhibition and 
delivery. 

Destroying Woods. The Procurator Fiscal and John Leyth of Ncwtoun v. 
Patrick Davidsone in Auchlevin. Cautioner Gilbert Reid of Eddirlik. This was a 
statutory offence very severely punishable. The charge was in this entry expressed 
thus " peilling, cutting and raiffing of Jon Leyth of Newtoun his woods bogis and 
burnes." 

Renunciation and Discharge. Bessie Gordoune, wife of George Gordoune in 
Kandokyll, renounced her rights in Knok and DaKour, with salmon fishing on the Dee, 
in the parish of Glenmuck, in favor of Wm. Gordoune, apparent of Knokespock. 

6. Loosing of Arrestment. Patrick Middiltoune in Birkinbrewll v. George Rose 
(who signs Ross) in Tarland. Cautioner Alexr. Strauchin in Lernie. 

Removing. Andrew Richie renounced as at Whitsunday his occupation of Fornat 
in favor of Mr. Robert Irwing of Moncoffer, the principal tacksman of the lands. 

Loosings of Arrestments. Stephen Suaip at the Chappell of Gareoche v. 
Henry Suaip, lawful son of the late Andrew Suaip in Mylne of Petcapill. Cautioner 
Patrick Fouller in Drumnahethe. 

Janet Gordoun, widow of James Crichtoune of Frendraucht v. John Hendrie and 
John Thomsone, both in Muirton. Cautioner Andrew Meldrum of Muirs of Fywie. 

7. James Gardyne of Blakfurd v. John Ardes in Bakiehill. Cautioner John Cruik- 
schank there. 

HH 241 



Aberdeenshire Sheriff Court: 

1620. 

June 8. Removing. George Joip (signing Jope) in Cowllis of Coclarachie renounced his 

croft in favor of George Gordoune of Coclarachie, the proprietor. 

Loosings of Arrestments. Andrew Gardyne in Birse v. Wm. Burnet in 
Strauchin. Cautioner John Clerk, Wobstcr, burgess of Abd. 

Wm. Forbes of Monimusk v. Duncan Robertsone and his subtenants in Carnabo. 
Cautioner Mr. James Forbes of Hauchloune. 

Renunciation and Discharge. Cristiane Leslie, wife of George Leslie, some- 
time of Craig, renounced her rights in the lands of Auld Craig in favor of John Leslie 
of Petcappill and Marjory Cheyne, his wife, etc. 

10. Renunciation and Discharge. John Gordoune of Ardlogie renounced in favor 

of George Leslie of Auld Craig and of John Leslie of Petcappill, his assignee, his 
rights to four oxengait of Auld Craig. 

Removing. John Meldrum in LiUill Finnersie, renounced in favor of Mr. Robert 
Forbes, Minister of Echt, the proprietor, his occupation of part of Littill Finnersie. 

Loosings of Arrestments. John Leslie of Wardes v. John Wilsone, sometime 
in Rothmurriell then in Netherlik. Cautioner Wm. Chirnesyd in Smallburne. 

12. Alexr. Birney in Fraserburgh v. Magnus Fraser there. Cautioner John Brunchew, 

Merchand, burgess there. 

16. John Leyth, apparent of Harthill v. John Abircrombie in Auld Raine. Cautioner 
Wm. Thomsone, Notary Public in Lentusche. 

17. Marjory George, widow of James Cruikschank in Auld Abd. and Janet, Alexr. 
and Katherine, their children v. John Cruikschank in Ililtoune. Cautioner Walter 
Cruikschank, Cordoner in Auld Abd. 

George Pecok, Appolhegar, burgess of Abd. v. Thomas Jamesone in Scotistoune, 
and his mother and brother. Cautioner Mr. Wm. Moir, burgess of Abd. Peats in 
the Moss of Scotistoune had been arrested by Pecok, as proprietor of the third part of 
the lands, moss, etc. 

19. Magnus Fraser in Fraserburgh v. Alexr. Birnie, Merchand, there. Cautioner 

Robert Keyth, burgess of Abd. 

23. Patrick Chalmer in Sandend v. Agnes Smythe, widow of James Muiresone, some- 

time possessor of Rothnachie and Tirrituithell. Cautioner John Russall, portioner of 
Litill Cokla. 

July I. Manslaughter and Assault. The Procurator Fiscal and Janet Cassie, widow ot 

Alexr. Moir v, Wm. Moir in Wodland. Cautioner Thomas Johnestoune of Kayis- 
mylne. The accused was said to have killed Alexr. Moir and assaulted Janet Cassie. 

5. Loosings of Arrestments. Alexr. Cuming of Culler v. James Thome, some- 

time in Carnie then in Feddie. Cautioner James Gray in Eister Kinmundie. 

242 



Judicial Enactments : Vol. HL, Contents 



1620. 

July 12. Loosings of Arrestments. Alexr. Smythe in Elrik v. Wm. Slorache in 

Ouirhauche. Cautioner James Smythe in Pooleie. 

Wm. Gordoune of Abirzeldie v. Alexr. Skeine of that Ilk and his tenants. 
Cautioner John Forbes, apparent of Lethintie. Peats in the Hill of Fair. 

15. Renunciation and Discharge. Violet Cheyne, wife of Andrew Meldrum of 
Auchneif, renounced her rights in Auchneif and others in favor of her eldest son, John 
Meldrum, and Helen Leslie, his future wife. 

Loosings of Arrestments. Alexr. Skeine of that Ilk v. Wm. Gordoune of 
Abirzeldie. Cautioner Patrick Gordoune in Tulloche. The counterpart of Gordoune 
v. Skeine (Supra). 

19. Robert Thomsone at the Ward Mylne of Drum v. Alexr. Fraser in Wastertoune of 
Tillikarne. Cautioner Gilbert Thomsone, Wobster, freeman and burgess of Abd. 

Janet and Katherine Leslie, daughters of the lale Barthol Leslie, at Mylne of Dyce 
v. Wm. Meluill in Wester Fintray. Cautioner Mr. Wm. Ray, burgess of Abd. 

20. Renunciation and Discharge. Margaret Strauchine, wife of John Leslie of 
Duncanstoune, renounced her rights to the lands of Old and New Flinder in the Parish 
of Christiskirk and Regality of Lindores, in favor of her eldest son, Patrick Leslie, and 
Margaret Forbes, his future wife. 

25. Loosing of Arrestment. Alexander, Master of Forbes v. Sir Alexr. Hay of 
Dalgatie, Knight, and his tenants, and specially his tenants and feuars in the town of 
Turriff. Cautioner Patrick Birnie in Corsegeldie of Delgatie. Peats in the " reid " 
moss. 

26. Assault Blood-drawing. The Procurator Fiscal and John Muir in Manes of 
Arnage, the injured party v. Thomas Stewen in Towie of Arnage. Cautioner James 
Cheyne, apparent of Arnage. 

27. Loosing of Arrestment. Thomas Mutray of Clubisgowell v. Marjory Cassie, 
widow of Andrew Moir in Ilalkhillok. Cautioner James Cassie of Quhyitstrippis. 

Aug. 5. Torturing a Servant. The Procurator Fiscal and David Beanes, the injured 

party v. Wm. Russell, Wobster, freeman of Abd. Cautioner Gilbert Ilerwic, burgess 
of Abd. Russell was to be tried on August 19 for " taking torturing & kerking in lint 
cords David Beans his seruitour " on 25 July. On the margin there is a minute to the 
effect that this act of caution is " deleit" of consent of parties and the Sheriff, because 
the Provost and Baillies, as Justices of Peace, were to try the case. 

lo. Loosing of Arrestment. George Johnestoune of that Ilk and of Caskieben v. 

John Innes, formerly in the croft of Bradmyr, and then at Mylne of Warthill. Cautioner 
Mr. Alexr. Reid of New Mylne and Notary Public in Abd. 

243 



Aberdeenshire Sheriff Court: 

1620. 

Aug. ii. Assault Blood-drawing. The Procurator Fiscal and George Bowman at Mylne 

of Auchnagat v. Gilbert Lawrence at the Ower Mylne of Arnage. Cautioner Thomas 
Cheyne of Ranestoune. 

Loosings of Arrestments. Archibald Wod of Douwne, as assignee of Andrew 
Kid in Meikill Elrik v. Margaret Bruce, widow of Andrew Low at the Craigmill and 
others. Cautioner George Quhytheid, Tailzeour, burgess of Abd. Claim in connection 
with the spuilzie of a mare. 

12. William Gordoune, younger and elder, of Balgownie v. John Blair in Tilliekeirie. 

Cautioner Alexr. Blair, Freeman, Tailzeour, burgess of Abd. 

14. The Procurator Fiscal and Thomas Philp, Craftisman, burgess of Abd. z>. Alexr. 

Findlater, Litster, burgess there. Cautioner James Birnie, VVobster, freeman and 
burgess there. 

17. Janet Duncane, widow of Abraham Forbes of Blaktoune v. John Dik in Torfines. 

Cautioner Alexr. Stewine in Meikle Maildrone. 

19. Removing. Margaret Knox, widow of Gilbert Conan, consented to remove from 

Todellhillis in Ellon in favor of Alexr. Cheyne, burgess of Abd., the proprietor. 

Loosing of Arrestment. Mr. Robert Irving of Moncoffer and Mr. Alexr. 
Irving of Hiltoune v. Robert Joiss in Grandoune. Cautioner Win. Robertsone, burgess 
of Abd. 

25. Obligation. Conditions of Tenancy. Margaret Paull, widow of Robert Watsone 

in Murcour, as principal, and Robert Gordoune in Blindburn of Arnage as cautioner for 
her, bound themselves for fulfilment to Mr. Thomas Meingzeis of Balgownie of the 
conditions of tenancy of her late husband's occupation of eight oxengait of Murcour. 

29. Loosing of Arrestment. Janet Gordoune, widow of James Crichtoune of 

Frendraucht, and Thomas Gordoune of Grandoune, her husband v. John Ilendrie in 
Muirtoune, John Thomson there and Wm. Mylne in Bognie. Cautioner George 
Crichtoune of Boulziestounc. 

Septr. 6. Assault Blood-drawing. The Procurator Fiscal and Isobel Fergussone, sister 
and servant to Wm. Fergussone at the Mylne of Gelcomstoun v. Alexr. Findlater, 
Litster, burgess of Abd. Cautioner Thomas Gray, burgess there. 

12. Loosings of Arrestments. George Gordoune of Gicht v. Gilbert Cassie in 

Nethermuir. Cautioner Gilbert Simsone in Arnage. 

14. John Keythe in Kayrntradlene v. James Mailling there. Cautioner David 

Symesone, Saidler, burgess of Abd., whom Mr. Walter Andersone, " Minister of Gods 
word at Kynnellar," bound himself to relieve. 

16. Lilias Crawfuird, Agnes Innes, her daughter, and Robert Innes, takisman of the 

lands of Cragiehishill v. John Walker of Meikle Creichie. Cautioner Mr. James 
Irving, Advocate in Abd. 

244 



Judicial Enactments: Vol. III., Contents 

1620. 

Septr. 17. Loosings of Arrestments. Henry Glennie in Petmedden and Robert Abir- 

crombie at Mylne of Petmedden v. James Leslie, burgess of Abd., then in Ederlick. 
Cautioner Adam Leyth of Drumquhendill. 

20. Wm. Simsone at the Kirk of Keig v. John Blair in Tillikeirie. Cautioner Alexr. 
Blair, Tailzeour, burgess of Abd. 

Alexander, Master of Forbes, with Arthur, Lord Forbes, his father, as his tutor, 
and John Forbes of Brux, John Forbes of Petsligo, Wm. Forbes of Tolquhone and 
John Forbes of Cask, his Curator v. Alexr. Skein of that Ilk and his tenants of 
Brashlassie. Cautioner Mr. Patrick Skein, burgess of Abd. The dispute here was 
about the hill and muir of Tamnagowin. 

21. John Knox of Knok and Micheall Symsone at the Mylne of Knok v. Andrew 
Keillo in Coynik. Cautioner Sir Wm. Keyth of Balmure, Knight. 

26. Alexr. Skein of that Ilk v. Alexander, Master of Forbes, and others. Cautioner 

Thomas Burnet of Ennets. The lands mentioned were Bogdowaltie and New-ward. 

28. George Bisset in Bischopstoune v. Arthur Bissel in Carnetralzeane. Cautioner 

Angus Grant there. 

Octr. 4. George Leslie of Kincraigie v. Wm. Forbes of Tilliekeirie, and John Clerk and 

Thomas Blair in Kirktoune of Touche, his tenants. Cautioner John Forbes, son of the 
late Arthur Forbes of Balfour and burgess of Abd. The crop on a part of the lands of 
Torries, " callit the Lonnings," was in dispute. 

5. Barbara Knox, sister of John Knox of that Ilk v. Andrew Keillo in Conzeak. 

Cautioner Nathaniel Heriot in Boddum. 

10. Patrick Leyth of Licklieheid v. Katherine Skeine, widow of Patrick Leyth of 

Licklieheid. Cautioner Robert Forbes of Tomaids. 

12. Duncan Gall in Waster Bannirrell, as assignee of Win. and Alaster Gall v. Andrew 
Roger in Balnacroft. Cautioner Thomas Gordoun of Grandoune. 

13. William Ferreis in Tulliche v. Barbara Youngsone, widow of John Ferreis there. 
Cautioner Matthew Youngsone, Tailzeour, freeman and burgess of Abd. 

14. Assault Blood-drawing. The Procurator Fiscal, Beatrix Cuik, wife of Thomas 
Findlay in Baudichell, and her husband v. James Burnet in Fraserburgh and Thomas 
Burnet his son there. Cautioner John Andersone, Cordoner, burgess of Abd. 

Novr. 3. Loosings of Arrestments. The Procurator Fiscal and John Hay of Cremond- 

mogat v. Margaret Tarwes, widow of Wm. Watsone of [? in] Haddo and Andrew and 
Wm. Watsone, her sons. Cautioner Wm. Tarwes in Northessies. 

Wm. Coupland in Ardine v. Patrick [?] Gardiner in Leffrokhillok. Cautioner 
Alexander Mitchell, burgess of Abd. 

245 



Aberdcenshire Sheriff Court t 

1620. 

Novr. 6. Renunciation and Discharge. Anna Crichtoune, Lady Meldrum, wife of Wm. 

Setoun of Meldrum, in favor of James Crichtoune of Frendraucht, her brother german. 
The lady renounced her rights to the lands of Petquhensie and discharged her claims to 
legitim and others from the estate of the late James Crichtoune of Frendraucht, her 
father, as well as under her Marriage Contract dated 19 February preceding. 

8. Disposition of Moveables inter vivos. Margaret Gareoche, widow of Alexr. 

Chesser in Glasgoforrest, in favor of Thomas Chcsser and Elspet Moir, his wife. On 
the narrative of the disabilities of old age, and on condition of their maintaining her for 
her lifetime, the granter disponed to Chesser and his wife her household plenishing and 
farm stocking as detailed and valued in the entry. 

Loosings of Arrestments. John Hay of Cremonmogat v. George Boyache in 
Rattrey. Cautioner David Wat in Elrick. 

13. William Richie in Eddindurnocht v. Gilbert Touche in Hauche of Cevilie [or 

Cowlie]. Cautioner Wm. Gordoun of Kennertie. 

The Procurator Fiscal and Alexr. Strauchin of Glenkindie v. Robert Russet in 
Tillibraland. Cautioner John Milne in Braland. 

Gilbert Clark, Wobster in Auld Abd. v. Thomas Dowass, Wobster, and Cristane 
Clark, his wife and daughter of the arrester. Cautioner Mr. Andrew Clark, Advocate, 
burgess of Abd. 

William Ogihvie in Bonitoune v. Robert Gray there. Cautioner George Abir- 
nethie there. 

James King, younger in Auchmillen v. Jcills Andersone, widow of Mr. Arthur 
Andersone of Auchmillane. Cautioner Wm. Gordoune in Auchnastink. There were 
special arrestments in the hands of Mr. James Elphingstoune of Eairnes and Thomas 
Espline, Chamerlane to my Lord Elphingstoune. 

James Birnie in Achaidlie v. George Wricht in Littill Drumquhendill. Cautioner 
John Bisset there. " Sex roks" were arrested in the hands of Wm. Forbes at Mylne 
of Tolquhone. 

18. Renunciation. James Seytoune, sometime in Tilliquhorthie, and Margaret 

Name, his wife, in favor of Thomas Muttray, Fiar of Clubisgowill. Seytoune and his 
wife renounced the last three years of a five years lease of a croft on Pervynneis. 

Deer. 9. Loosing of Arrestment. James Forbes, sometime of Lethintie v. James 

Garioche of Kinstairis. Cautioner Robert Merser, Messenger in Abd. 

30. Assault Blood-drawing. The Procurator Fiscal and Alexr. Peirie v. John 
Browne in Meikill Tibbertie. Cautioner Patrick Cheyne, Lax Fischer in Abd. 

246 



Judicial Enactments : Vol. Ill*, Contents 

1621. 

Jany. 3. Loosings of Arrestments. Wm. Ogiluie in Bonnietoune and others v. Wm. 

Home in Cabitie. Cautioner John Straquhan, burgess of Abd. 

19. Robert Forbes in Auldtoun of Meikill Wardess v. Thomas Ardes in Kirkhill. 

Cautioner Robert Gordoun at the New Mylne of Knokaspok. 50 merks was said to be 
arrested in the hands of John Spencc of Boddom. 

22. Robert Murray in Udnie v. Alexr. Ingland in Tillemad. Cautioner Wm. Blak, 
burgess of Abd. 

Removing 1 . Mr. Wm. Moir, burgess of Abd. and proprietor of Scottistoune v. 
Andrew Roger there. Roger admitted indebtedness for the rent of the year 1620, and 
consented to remove from his holding. 

Feby. 8. Loosings of Arrestments. The Procurator Fiscal v. James Forbes in Kinnellar. 

Cautioner Duncan Blakhall, burgess of Abd. 

12. Alexr. Andersone, Cordoner in Auld Abd. v. Isobel Kelmane there and Gilbert 
Merser, her hushand. Cautioner John Merser, sometime in Auld Abd. 

14. John Walkar of Creuchie v. Isobell Reid in Meikill Creuchie. Cautioner John 

Urquhart in Allachie. 

Andrew Collie in Gawell v. Patrick Wobster in Bruchill. Cautioner John Urqu- 
hart in Allachie. 

21. Wm. Gordone in Douchrie v, Alexr. Garvack in the Borrow Croft of Quyhtcross. 

Cautioner Wm. Reid at the Milne of Wattertoune. 

23. Slaughtering Sheep, etc. The Crown v. James Tawer alias Reid in Creak. 
Cautioner Wm. Tawer in Auchmenzie. The accused was charged with "the cruell 
stricking and slaying of the number of fourtein heids of slieip ane cow and ane mair 
pertening to James Milne in Bralen." 

March 6. Loosing of Arrestment. James Thomsone in Cowie v. Alexr. Walker in Kin- 

bethock. Cautioner Mr. James Elphingstoun of Barnes. 

13. Assault. The Procurator Fiscal and Alexr. Thames in Countiswallis and Margaret 
Craig, his wife v. John Farquhar there and Janet Farquhar, his daughter. Cautioner 
Wm. Clerk in Auchlie. 

14. Loosings of Arrestments. John Barkar, Smyth in Auld Abd. v. Thomas 
Cuming there. Cautioner George Keyth, Saidler, burgess of Abd. 

21. Nicoll Peirie in Clait v. Bessie Davidsone in Towie. Cautioner John Mylne in 

Brawland. 

24. George Marqueis of Huntlie v. Malcome Strath in New Logieauldtoun. Cautioner 
Patrick Meldrum, Fiar of Idene. This was in connection with a claim for the rent of 
eight oxengait of Knokleyth crop and year 1620. 

247 



Aberdeenshire Sheriff Court : 

1621. 

March 24. Loosings of Arrestments. Alexr. Strathauchin of Glenkyndie and Walter 

Toux at the Mylne of Auchnagat v. Alexr. Slrathauchin of Touxhill. Cautioner 
John Stewart " Mylnewaird " at the Mylne of^Auchnagat. 

Elspct Craih in Elrik v. Walter Toux in Auchnagat. Cautioner James Murdo in 
Barrak. A " wob of plaicling " in the hands of Andrew Hendersone, Wobster in Elrik, 
was specially arrested. 

29. Assault Blood-drawing 1 . The Procurator Fiscal and James Malthowsone in 

Bogheid of Balquhane v. George Mair at the Chappell of Gariauche. Cautioner James 
Andersone in Knokallachie. 

April 6. Removing. Mr. Wm. Moir of Scottistoune v. Thomas Jamesone there, who 

agreed to remove from his occupation of eight oxengait of the sunny half of Scottistoune 
at Whitsunday following. 

7. Removing. Mr. Robert Irving of Moncoffer v. George Craigheid in Lochehills, 

who agreed to remove from the shadow half of these lands situated in Sancl Machair at 
Whitsunday following. 

13. Renunciation and Discharge. Isobel Setoune, wife of Wm. Setoune of Dis- 
blair, and Elspet Leask, wife of Mr. Robert Paip, Advocate in Abd., in favor of John 
Setoune, son of the first named lady, and Margaret Irving, his future wife. Mrs. 
Setoune's renunciation embraced the lands of Melvingsyd in Culsalmond and two 
ploughs of the third part lands of Logieruiff and Mylne of Logicruiff in Logiebuchane, 
while Mrs. Paip renounced the two ploughs of Logieruiff only. 

14. Removing. Mr. Robert Irving of Moncoffer v. James Cargill in Lochehillis and 
Dorathia Udnie, his wife. Cargill and his wife were occupiers of part of the shadow 
half of these lands from which they agreed to remove. 

19. Loosings of Arrestments. Alexr. Fraser of Techmurreis v. John Daniell in 

Percock. Cautioner John Morisone, burgess of AbJ. 

21. Patrick Leithe of Liklieheid and Adam Lcithe of Annagathill v, Patrick Watsone in 

Auchlewin. Cautioner Wm. Forbes, Fiar of Bairnis. As an example of many similar 
arrestments in this class of books the description here may be quoted : " the haill 
biging foilzie and tymmer presentlie standand upone the said Patrik his occupatione of 
Auchlewin sick as cuppills panis ruiffis lokis durris and winddowis." 

24. John Gordoun of Crabistoun v. John Watsone there. Cautioner George Johnestoun 

of that Ilk. 

May I. Wm. Philp at the Milne of Petfoddells v. Andrew Traill, Wobster in Wastertcun 

of Petfoddells. Cautioner Andrew Williamsone, elder, burgess of Abd. 

2. John Wod, Chamberlane to my Lord Marchell v. James Mortimer, sometime Fiar 

of Craigiewar. Cautioner John Edward in Pettodrie. There was a special arrestment 
of Mortimer's " beir and aittis presentlie in Auchquhartnie." 

248 



Judicial Enactments: Vol. HI., Contents 

1621. 

May 10. Loosings of Arrestments. Mr. Andrew Massie, Commond Procurator of the 

College of New Abd. v. Jeane Lumisdane, widow of Alexr. Chalmer of Cow nteswalls, 
Prowest of Abd. Cautioner Robert Chalmer, younger, burgess of Abd. The rents of 
the occupants of certain crofts in the Burgh were specially arrested. These were 
George Scot, Alexr. Blakhall, Mailman and Gilbert Mackie, Fermorar. 

12. Adam Fraser of Finnache v. John Thomsone, alias Souldan, and Win. Weir in 

Finnache. Cautioner Wm. Gordoun of Cottoune. 

James Reid of Mid Clova v. Thomas Thomsone there. Cautioner Alexr. Lumsden 
of Clova. 

John Leslie of Duncanstoun v. George Gib in Auld Flindar. Cautioner Alexr. 
Barone in Brae of Strabogie. 

Patrick Gordone in Corsindae v. Walter Mollasone in Corsindeye. Cautioner 
Charles Chalmer, portioner of Wester Fintray. 

James Smyth, alias Chalmer, in Eister Tyrrie v. Isobel Smyth, widow of John 
Yuill, sometime there. Cautioner Alexr. Third in Carnemuir. 

Wm. Leslie of Lylle Wartle v. George Raitt in Lytle Folia. Cautioner Alexr. 
Watsone, burgess of Abd. 

18. Patrick Leith of Quhythalche v. Thomas Shreffin Cairnecoische. Cautioner John 
Forbes, younger, burgess of Abd. 

Wm. P'orbes of Tolquhone v. James Watsone in Blairfull. Cautioner James 
Johnstoun in Cairnebrogie. 

19. Arthur Dilgarnoche of Fortrie v. Wm. Forsylhe in the Blackhill of Fortrie. 
Cautioner Alex. Michell in Tillekirie. 

21. Mr. John Chein of Arnage and James Chein, his eldest son v. Thomas Schewan 
in Arnage. Cautioner Patrick Strauchen of Kinnaclie. 

Alexr. Cuming of Culler v. Andrew Brabner in Lastis. Caulioner Alexr. Chalmer, 
younger, burgess of Abd. 

John Calder of Migvie v. John Leye, Milwarl in Kinnadie. Caulioner Robert 
Farquhar in Newtoune of Kinnadie. 

22. Helen Leithc and Mr. Wm. Forbes, " Sub-principall of the Kingis Colledge of 
Auld Abd.," her husband v. Thomas Gordone of Dilspro. Cautioner John Forbes of 
Milne of Melgum. There was a special arrestment in the hands of Wm. Lundsaye, 
burgess. 

Removing. Patrick Leith of Monthgarie v. Adam Gordone in the Quhythoussis 
of Monthgarie. James Gordone of Knockespock was Sheriff Depute and signed Ihe 
entry " Knokespek Sref deput." 

II 249 



Abzrdeenshire Sheriff Court: 

1621. 

May 23. Removing. Wm. Gairdin in Auchquhronie v. George Forbes in Tartowie. 

Cautioner John Wod, Bailzie in Milboy. Money was arrested in the hands of John 
Tailzeour in Aidiesloune. 

Removing. Robert Forbes of Echt v. Adam Gordoune in Quhythous, who agreed 
to remove immediately from part of a croft upon Boquharne in Tillinessill. 

Loosing of Arrestment. James Gordone, younger, of Lesmoir, George Adam- 
sone in Glenhouss and James Chrystisone in [?] Rodonis v. Jealls Carle in Glenhouss 
and Alexr. Pendriche, her husband. Cautioner James Forbes in Kinbame. 

24. Discharge of Curators. Jean Scot, eldest lawful daughter of the late Mr. John 
Scot, burgess of Abd., in consideration of 303 merks paid to her by Wm. Leslie of Auld 
Craige, her mother's brother, discharged him and her other curators (who are not 
named) thereof and of their intromissions with her estate during her minority. She 
specially ratified a conveyance of heritage made by them to George Scot, her father's 
brother. 

25. Loosing of Arrestment. George Johnestoune of that Ilk, Alexr. Skeine of that 
Ilk, John Johnestoun of Sleipiehillok, Mr. Andrew Skeine, Messenger, and Alexr. 
Fraser in Bogheidis v. Robert Johnestoun in Corshill. Cautioner Gilbert Keythe of 
Auchereis. A special arrestment had been used in the hands of John Keythe of Carne- 
trailzeane. 

Renunciation and Discharge. Agnes Johnestoun, wife of Robert Johnestoun, 
Baillie, burgess of Abd., in favor of George Gordoun of Gicht. The subjects of which 
the lady renounced her conjunct fee, liferent, etc., were the half lands of Mains of 
M earne and half lands of Ilatlerseatt in the parish of Belhelvie. The first appearance 
of Thomas Gordoune of Litill Gowill as Sheriff Depute. 

Loosing of Arrestment. Gilbert Burnet in Kirktoune of Fetteranguis v. John 
Smythe in Manes of Kindrocht. Cautioner John Andersone, burgess of Abd. 

28. Judicial Ratification. Elspet Meldrum, wife of Andrew Meldrum, sometime of 

Jackstounc, then of Ardfork, ratified a contract between her husband and Robert 
Stewart, brother to the late John, Earl of Atholl, and Janet Leslie, his wife, dated at 
Aberdeen, 12 November, 1613. The contract was one for the alienation of Jackstoune 
in favor of Stewart and his wife under reversion. 

Loosings of Arrestments. John Leslie of Petcapill and John Leslie, Fiar thereof 
v. Alexr. Andersone at the New Mylne of Cremond. Cautioner George Johnestoun of 
that Ilk. 

June 6. John Cowtis in Eister Collairlie v. Margaret Cowtis, his sister german. Cautioner 

Alexr. Scott in Waster Collairlie. There was a special arrestment in the hands of 
James Galloway in Collairlie. 

8. John Leslie, Fiar of Balquhain v. Mr. John Chein of Petfiechie. Cautioner 

Thomas Chein of Raniestoune. 

250 



Judicial Enactments: Vol. EL, Contents 

1621. 

June 9. Loosings of Arrestments. Alexr. Smyth in Pulee v. Robert Merser in Endowie 

and Wm. Merser there. Cautioner Duncan Blakhall in Clerkseitt. 

12. John Leslie, elder, of Buchquhane v. Alexr. Farquhar in Knokallachie. Cautioner 
John Leask, burgess of Abd., whom Hectour Davidsone in Abd. bound himself to 
relieve. 

Francis, Earl of Erroll v. George Hay in Ardifferaye. Cautioner Alexr. Cruck- 
shank, elder, burgess of Abd., to whom Robert Cruickshank, also burgess, became 
bound in relief. 

14. Wrongous Intromission. The Procurator Fiscal and Gilbert Mainie in Kyn- 
neller v. James and Abraham Forbes there, Andrew Forbes in Tartowie and Wm. 
Abell in Carnetrailzeane. These persons were charged with coming to Mainie's house 
and " sersing seiking taking clakring and melling " with his geir. 

15. Loosings of Arrestments. Alexr. Smyth in Pulee v. John Jamesone in Mont- 
garie. Cautioner Alexr. Blair, Tailzeour, burgess of Abd. 

20. Wm. Forbes of Tillikeirie v. Wm. Garioche in Torreis. Cautioner Alexr. Blair, 

Tailzeour, burgess of Abd. 

23. John Leslie of Petcapill and John Leslie, Fiar thereof v. Gilbert Johnestoune of 

Peirreismylne, John Gardyne and Thomas Mackie in Selbie, Wm. Glenny in Porter- 
stoun, Alexr. Wobster in Boyndis, John Wobster, Robert Smyth and Alexr. Smyth at 
the Mylne of Porterstoun, David Follay in Bredmyre and Gilbert Jamesone in Loche- 
tulloche. Cautioner George Johnestoun of that Ilk. 

Assault Blood drawing. Marjorie Makie, wife of Wm. Gellein in Blackball 
v. Wm. Angus there. Cautioner Thomas Cargill, burgess of Abd. 

30. Renunciation and Discharge. Elspet Mair, wife of Wm. Cruikschank in Glen- 

medling, in favor of Wm. Cruikschank, her son, and Elspet Shand, his future wife. 
The subjects embraced in the renunciation were the " Schaddow half toune and landis 
of Glenmedling " and pertinents in the parish of " Forge." 

July 3. Renunciation, Discharge and Ratification. Dame Magdalen Scrimzeour 
and Sir Alexander Irving, Apparent of Drum, her husband, by their appearance in 
Court on this occasion confirmed a Contract of Excambion, dated 8 November and 5 
December, 1620, between Alexr. Irvine of Drum and them, whereby they had re- 
nounced the Lands of Lonmay, Corskellie, Cairness, Sawock and others which had 
been provided to them by their Marriage Contract dated 2 and 30 July and , 

1617, and had accepted, in lieu thereof, Forglen and Quhytfeild in BanfTshire and the 
teind sheaves of Inverurie. Sir John Scrimzeour of Dudhope, the lady's father, had 
been a party to the marriage contract. 

25 1 



Aberdeenshire Sheriff Court : 

1621. 

July 7. Loosings of Arrestments. George Johnesloune of that Ilk i>, John Leslie, 

elder, of Petcaple, John Leslie, Fiar thereof, George Chein in Auld Mylne of Creimond, 
Andrew Leslie in Hill ot Creimond, John Chein in Creimond, Thomas Tailzeour there 
and John Leslie in Hill of Creimond and the other tenants of Creimond and Thomas 
Tailzeour in Calff-fauld. Cautioner Alexr. Leslie of Auchquhorsk. Peats, etc., in 
the moss of Creimond. 

John Leslie of Boquhoyne v. Alexr. Leslie of Auchquhorsk. Cautioner John 
Leslie, Fiar of Petcapill. Peats upon the part of the Hill of Auchquhorsk between 
Boigraxie and the Faulds of Auchquhorsk, claimed as part of the lands of Auchquhorthie. 

10. Alexr. Leslie of Auchquorsk v. George Glenny and Alexr. Glenny at the Milne of 
Auchquhorthies and Adam Wat at the Nethir biging of Auchquhorthies. Cautioner 
Hector Davidsone, indweller in Abd. Peats between Bograxie and the Faulds of 
Auchquorsk. 

11. John Leslie of Pelcapill v. George Johnestoune of Caskieben, John Johnestoune of 
New Place, John Johnestoune in Inglistoun and George Johnstoune of Fawells. 
Cautioner Wm. Blak, younger, burgess of Abd. Peats in the moss of Creimond. 

Mr. James Forbes of Ilauchetoune v. Patrick Leithe of Mongarie. Cautioner 
John Leithe of Ouhylhauche. Peats in the moss of Meikill Endowie. 

12. John Andersone in Wantounewalls v. Oliver Bisset in Kirktoune of Clat, 
Cautioner Abraham Gardiner in Auchmenzie. 

14. Alexr. Fraser, younger, of Phelorthe v. Wm. Keithe of Petindrume. Cautioner 

Robert Keyth, burgess of Abd. 

Aug. 6. Renunciation of Succession. Agnes Huisone, only lawful daughter surviving 

of the late John Huisone, burgess of Abd., for the purpose of escaping liability for her 
father's debts, renounced all right of succession to his estate heritable and moveable. 
A creditor named was Bessie Tillidaff, wife of Alexr. Rowand [or Rowane]and daughter 
of the late Alexr. Tillidaff, burgess of Abd. Although the young lady was 21, John 
Tillidaff, burgess, her mother's brother, and Andrew Huisone, burgess, her father's 
brother, were consenting parties along with their niece. 

8. Loosings of Arrestments. Leonard Heatlie, servitor to John Leslie, elder, of 

Balquhoyne v. Hector Davidsone, indweller in Abd. Cautioner Michael Leslie in 
Kirktoune of Oyine. 

14. James Grant of Enzeane v. Thomas Couttis in Tulchaspick. Cautioner John 

Andersone in Bruimhill. 

17. Wm. Forbes, younger, Merchant, burgess of Abd. v. Thomas Hervie, John and 

James Walkar and Andrew Leithe, younger, all indwellars in the Cruiffis. Cautioner 
Alexr. Forbes, portioner of Cruiffis. There was a special arrestment of " the salmone 
fisches young and auld presentlie saltet in thair commoune corp hous and in ewerie ane 
of thair proper houssis." 

252 



Judicial Enactments: Vol. HL, Contents 
1621. 

Aug. 18. Loosings of Arrestments. Alexr. Cuming of Culter v. James Gordoun of 

Knokespok. Cautioner Duncan Blakliall in Clerkseat. A sum of ^40 was arrested 
in the hands of Wm. Cordoner, Advocate in Abd., " quhilk was restand awand be 
James Barnet in IJillafaulds to John Johnestoune sumtyme in Maiddencrage and now 
in Pettingoullis quhilk sowme of fourtie punds apperteins to the said James Gordoun as 
he quha hes obtenit decreit agains the said James Barnet and the said John Johnestoun 
for his entress as debitor debitoris." 

Thomas Ilervie, John and James Walker and Andrew Leithe, all in the Cruives v. 
Wm. Forbes, younger, burgess of Abd. Cautioner Baillie Thomas Forbes. 

25. John Reid in Tallireauche v. David Fergus in Muirtoun of Corss. Cautioner 

Patrick Bishop of Abd., appearing by Mr. Robert Paip, his procurator. 

31. Andrew Meldrum of the Muirs of Fywie v. Magnus Mowat of Bolquhollic. 

Cautioner James Mowat of Smiddieseitt. Peats in the moss of Blachrie. 

Septr. I. James Ogiluie of Auchleuchreis v. Alexr. Wilguiss, John Gellan, George Blak and 

Patrick Gellan, all in Tillibreks. Cautioner John Gray at the Mylne of Leask. Peats 
within the marches of Waster Auchleuchreis. 

5. John Forbes of Petsligo v. John Gordoun, elder of Craige, John Gordoun, Fiar 
thereof and their tenants of Clynkistoun. Cautioner John Mylne, occupier of two 
ploughs of Braland. There was a special arrestment of "sic comes as is sawin in the 
Howe of the Meikill Slak of Fawdlyng." 

6. Wm. Setoun of Meldrum v. Patrick Gordoun, brother german of Sir Alex. GorJoun 
of Cluny, Knight. Cautioner Sir Alexr. Gordoun. Corns standing in the yard of 
Cattye. 

11. Wm. Leslie of Lyttill Warthill v. Wm. Rait in Lyttill Fola. Cautioner John 
Chalmer, burgess of Abd. 

Robert Crichtoun of Condland v. James Birny, Wobster, friemane of Abd. 
Cautioner John Malice, also Wobster, friemane there. There had been arrested 20 
ells of Dornick cloth in the hands of James Ingrahame in Thomastoun. 

12. Thomas Mylne in Carnebulge v. Margaret Jaffray, widow of Robert Mylne in 
Inverallachie. Cautioner Thomas Hay, tenant and indwellar in Pettoulleis. 

14. John Forbes of Petsligo v. John Leslye of Wardes and his tenants of Wardes and 

Dinniduir. Cautioner John Urrey, burgess of Abd. Peats, etc., cast and come sown 
on any part of Meikill Wardes. 

22. Arthur, Lord Forbes v. Sir Alexr. Gordoune of Clunie and Duncan Brek, Robert 

Smyth and Robert Moir in Greinburne his tenants, and also Wm. Gordoune of Sauchin 
and his tenants of Meikill Sauchin. Cautioner Donald Farquharsone of Tilligarmond. 
The corn sown upon the " muir callit the commone muir of Gilhadrik " had been 
arrested. 

253 



Aberdeenshire Sheriff Court: 



1621. 

Sept. 27. Loosings of Arrestments. John Gordoune of Craig and John Gordoune, Fiar of 

Craig v. "the richt honorable" John Forbes of Petsligo and his tenants of Wardes, 
Leuchlybrae and Lergy. Cautioner George Keithe, Portioner of Petindrum. Peats 
and corn arrested. 

29. Alexr. Fraser of Forrest v. Thomas Fraser of Streichin, Patrick Chalmer at the 

Milne of Streichin and John Smythe at the Walk Milne of Streichin. Cautioner Mr. 
Thomas Davidsone, Commissary Clerk of Abd. The crop upon " the pleuche hill of 
Faichlee " had been arrested. 

Octr. 2. Andrew Meldrum of the Muiris of Fyve v. John Home of Balgownie. Cautioner 

Magnus Mowat of Boquhollie. Peats in the moss of Blachrie. 

4. John Leslie of Wardes v. John Forbes of Petsligo and the tenants of Myrtoune and 

Meikill Wardes. Cautioner John Ilogsteine, burgess of Abd. Peats in the moss of 
Grugeithe were specially arrested. 

8. Thomas Forbes, burgess of Abd. 7,'. David Ilervie in Gaittsyd of Murthill and James 

Barclaye and Archibald Ilervie in Auldfauld of Murthill. Cautioner Richard Watsone, 
burgess of Abd. 

10. Alexr. and George Glenny at Mylne of Auchquhorteis, John Leslie, Fiar of Bal- 
quhane, Adam Watt and Wm. Tailzeour in Nether biging of Auchquhortheis :;. Alexr. 
Leslie of Auchquhortheis and Walter and George Senzeours there. Cautioner Patrick 
Gordoune of Birsmoir. A special arrestment of faill and dowattis cast upon the South 
side of the " burne callit Burne Irve." 

11. The Procurator Fiscal and Robert Keyth of Auldmad for his interest v. Edward 
Reid in Baukwall [or Bankwall]. Cautioner Thomas Cowie, elder. 

19. John Ilendersone in Auchedlie v. John Cassie in Lytle Aysie. Cautioner Robert 
Skeine, burgess of Abd. 

20. John Gordoune of Tilleelt v. Robert Johnstoun at the Kirk of Tarves. Cautioner 
Robert Murray at Kirk of Udnie. Crop upon the land of Braiklay Tarves arrested. 

23. Thomas Fraser of Streichin v. Andrew Fraser in Haltoune of Forrest, 
Nicolsone and Andrew Gaw there. Cautioner Alexr. Fraser of Techmuirie. Crop sown 
upon the Hill of Mormond. 

24. George Barclay of Auchredie v. Harie Barclay in Sancher. Cautioner John Leslie 
in Weitlis. 

Sir Alexr. Gordoun of Cluny, knight, and William, Lord Gordoun of Sauchine v. 
Arthur, Lord Forbes, Thomas Burnett of Ennattis and their tenants in Ordyfork, 
Owerscheall, Nether Scheall, Bankheid and Manelie. Cautioner John Forbes of Edin- 
banchrie. Crop on " Gilherik." {Vide 22 Sepr. supra]. 

254 



Judicial Enactments: Vol. EL, Contents 

1621. 

Octr. 27. Discharge of Arrestment. Bessy Raye, widow of Wm. Dune, burgess of Abd., 

appeared and discharged in favor of Charles Kellie, sometime in Pettismilne, all arrest- 
ments used by her against him, and specially those in the hands of Gilbert Jhonstoune 
of Isaakstoune and Gilbert Jhonstoune of Pettismilne. 

30. Loosings of Arrestments. John Keithe in Carnetrailzean v. Wm. Hunter there. 

Cautioner Wm. Hunter in Auchquhorsk, his son. 

Novr. 7. John Irving of Haltoune and Alexr. Aidie, " Milnart " v. Gilbert Broune, 

Messenger. Cautioner James Makesone in Litle Endovie. 

10. Nicolas Ross, Cordoner, burgess of Abd. TJ, David Chalmer, John Andersone, Wm. 

Spence, Gilbert Thomsone and Alexr. Hall, all Cordoners, burgesses of Abd. 
Cautioner Wm. Forbes of Barnes. 

Judicial Ratification. Isobel Cheyne, wife of John Bruce of Grayesfortrie in the 
parish of Ellon, here ratified a wadset of these lands, granted by her husband to George 
Bruce, Sadler, burgess of Abd., for the relief of the latter, who had become cautioner 
for John Bruce in an obligation, granted by him to Gabriel Lithgo, Meassone in Abd., 
Robert Cruickshank, burgess there, and the heirs of Alexr. Pirie, Wreicht there. 

Renunciation and Discharge. In consideration of the sum of 1200 merks paid 
to them by Alexander Lyone of Bracka, who had, as assignee of James Gordoune of 
Bracka, right to redeem the subjects, John Petrie, sometime in Cubyris of Bolquhane, 
but then in Quhytwalls, Marjorie Gordoune, his wife, and Mr. Wm. Petrie, their eldest 
son, 22 years of age, acknowledged to be redeemed the subjects following, viz. : Quhyt- 
walls, Bruimfauld, F"arquhars Croft, Pypers Croft and Mortimers Croft, all in the parish 
of Logiedurno. Bruimfauld was described as lying on the West side of the corn yard of 
Bracka. The entry is of considerable length, and contains various other particulars of 
the transaction. 

12. Loosings of Arrestments. John Farquharson in Tillecairne v. Thomas Esplein 

in Newbiging. Cautioner Alexr. Reid in Drumnahuiff. 

14. Katherine Fraser, widow of Wm. Forbes of Corsindaye v. Patrick Gordoune in 
Corsindaye and also Wm. Younge there, John Elmslaye there, Robert Paton there and 
Walter Molysone there. Cautioner for Gordoune Robert King in Auchmilane and for 
the others the said Patrick Gordoune. 

Assault Blood-drawing. The Crown v. James Forbes in Kinellar. Cautioner 
John Moir in Kairnetraidlzean. The party said to be assaulted was John Able in 
Kinellar. 

15. Loosings of Arrestments. Mr. Wm. Forbes, Minister at Kindrimmie v. Mr. 
Wm. Davidsone, Minister at Auchindoir. Cautioner Mr. Thomas Davidsone, Com- 
missary Clerk of Abd. 

17. James Smyth in Peterheid v, Patrick Farquhar, burgess of Abd. Cautioner Alexr, 

Hall, Cordoner, burgess of Abd. 

2 55 



Aberdeenshire Sheriff Court : 

1621. 

Novr. 21. Loosings of Arrestments. Katherine Fraser, widow of Wm. Forbes of Corsin- 

daye v. John Crombie and others in Balwack. Cautioner Wm. Forbes of Monymask. 

23. Bessie Chalmer, daughter of the late John Chalmer of Fintray v. Isobel Chalmer, 

her sister. Cautioner Arthur Chalmer, burgess of Abd. 

27. John Calder of Newtoune v. Wm. Ronald in Easter Migvie. Cautioner John 
Gordoune of Auchterellone. 

28. George Tavidall in Rene, John Tavidall and Janet Tavidall in [?] Bankinenter v. 
Margaret Andersone, widow of Andrew Tavidall in Glenniestoune. Cautioner Thomas 
Watsone, Messone in Auld Rain. 

27. Wm. Leslie of Ryhill v. George Archibald alias Leith in Buchanstoune. Cautioner 

Andrew Archibald, Chirurgiane in Auld Craige. 

Deer. 3. Mr. Wm. Davidsone of Ord v. James Forbes, sometime in Feddie. Cautioner 

Duncan Blakhall in Clerkseatt. 

6. John Forbes of Petsligo v. Alexr. Wood in Auchindarge, Wm. Spence in Mekill 

Tibbertie, Isobel Marr there and Robert Hardie there. Cautioner Robert Spence in 
Mekill Tibbertie. The Laird of Petsligo was here suing as assignee to Anna Forbes, 
" Ladie Foverane." 

12. Margaret Dickie in the Over milne of Kintoir v. George Black in Nethirtoune of 
Knockinblevvis. Cautioner John Black at the Chappell of Garioche. 

Horse Stealing. The Procurator Fiscal v. George Hay, sometime in Miltoune of 
Birnes. Cautioner Wm. Keith in Gavall. The charge was of stealing " ane broune 
naige from George Gordoune of Gicht and Thomas Torrie in Maines of Birnes." 

Loosings of Arrestments. Patrick Leythe of Mongarie v. Adam Gordoun in 
Fulzemont. Cautioner John Gordoun of Crag of Auchindoir. 

13. Mr. Alexr. Keythe of Bankwall v. Edward Reid, sometime in Bankwall, but then 
in Brigend of Tyiie. Cautioner Thomas Cowye, elder, burgess of Abd. 

15. Thomas Cheyne of Rainystoune v. Win. Milne in Drumrossie. Cautioner Wm. 

Forbes, Fiar of Barnes. 

29. Alexander and Henry Annand v. Archibald Mar, Serjand in Abd. There had 
been arrested four bolls of beir in the hands of Alexr. Blackball, burgess of Abd. 

1622. 

Jany. 5. Robert Clerk in Ouchmull v. James Smythe, younger, in Perslaye. Cautioner 

James Smythe in Perslaw. Ten marks arrested in the hands of Gilbert Gordone in 
Kintoir. 

14. George Lamb in Over Rothie v. James Smythe in Camaloun. Cautioner Alexr. 
flervie, burgess of Abd. 

256 



Judicial Enactments: Vol. in., Contents 

1622. 

Jany. 15. Loosings of Arrestments. Mr. Wm. Forbes of Cragiewar v. Alexr. Forbes at 

the Milne of Towie. Cautioner John Johnstoun in Inglistoune. 

22. George Ogstone of Auchmacludie v. Edward Michie in Auldtoune of Auchiries. 

Cautioner Alexr. Fraser in Memsie. 

26. " The Masteris and Memberis of the New Colledge of Abd. callit Marchiall 

Colledge " v. Jean Lumsden, widow of Alexr. Chalmer, sometime Provest of Abd. 
Cautioner Alexr. Chalmer, burgess, her son. Special arrestments had been made in 
the hands of George Scot, Alexr. Blackball and Gilbert Makie, burgesses. [Vide 10 
May, 1621, supra.] 

Febry. i. Obligation for Upkeep of Houses. Three tenements on the east side of the 

High Street of Old Abd., of which Marjorie Vaus, widow of Duncan Barkar there, had 
the liferent, had been comprized at the instance of George Bruce, Saddler in Abd., for 
500 merks. John Barkar, "Citiner in Auld Abd., now became cautioner that the 
widow would at her death leave the property " in as guid estait and valor as the samen 
was comprysit." 

7. Loosings of Arrestments. Robert Skeyne of Tullibrak v. Patrick Fouller in 

Drumnaheithe. Cautioner Alexr. Thomsone, occupiar of 8 oxengait of Hilforrest. 

20. James Gordoune of Blairnedinnie v. John Walkar there. Cautioner Patrick 

Gordoune of Kirkhill. 

25. William Troupe of Belnacraige v. Thomas Andersone in Belhangie. There was 
a special arrestment here of the " timber of his" (Andersone's) " occupatioun of the 
saids Lands of Belhangie sick [as] pannis ruiffis postis forckis teills lockis dores 
windowes." Cautioner Sir Alexr. Gordone of Clunie, knight. 

Assault Blood-drawing. Alexr. Leslie, lawful son of John Leslie, elder, of 
Balquhane v. John Leslie of Badeforray. The assault was said to have been committed 
on the lands of Balquhane during the current month " with ane daiger." Cautioner 
Robert Crichtoune of Condland. 

26. Loosings of Arrestments. Constantine Broune in Cartmyrs v. Andrew Robert- 
sone in Kirktoune of Tyrie. Cautioner Thomas Robertsone of Douhills [or Donhills]. 

28. Patrick and Nicol Ross of Auchlossin v. Patrick Irving, Messenger in Carnebady. 

Cautioner Robert Gordoune in Torquhunlachie. 

March 6. Renunciation of Occupation. James Burnet, Maltman in Frasersbruche, re- 

nounced a croft there called " Kinnards fauld," in favor of Archibald Ramsaye of 
Culsche. 

Loosings of Arrestments. Alexr. Younge in Fingask v. Isobel Keythe in 
Fraserburgh. Cautioner Alexr. Andersone, burgess and " Wreicht" in Abd. 

1 8. Patrick Con of Crewlen, Baillie to Francis, Earl of Erroll v. George Blak in Was- 

birnes. Cautioner George Walker, occupiar of 8 oxengait there. 400 merks in the 
hands of John Moresone, burgess of Abd., was specially arrested. 

KK 257 



Aberdeenshire Sheriff Court: 

1622. 

Mar. 25. Assault Blood-drawing. George Bourlay in Inverourie v. Win. Dauidsone in 

Auld Harthill. Cautioner Hector Dauidsone, Mailman in Abd. 

26. Loosing of Arrestment. Patrick, Bishop of Abd. v. George Mathesone in Kin- 

kell. " The tymber of the houssis kill and killbarne, meadowes hayning and hauch 
grund " were specially arrested. Cautioner Alexr. Mathesone, burgess of Abd. 

April 6. Renunciation of Occupation. James Burnet, Mailman in Frasersbruche, re- 

nounced his rights to " Mowals hillocks lyand on the Shaddow syd of Frasersbruche 
withe the peice weit land lyand as said is logidder with the outsted houssis, &c., lyand 
betuixl the Bredsea & Kynnards Held." The renunciation was made in favor of James 
Cheyne in Aucheiries, Wm. Dowerlie in Fingask, Sir Alexr. Fraser of Frasersbruche, 
knighl and Alexr. Fraser, domestic servant to the said Sir Alexander, according to 
iheir respeclive righls. 

13. Loosings of Arrestments. George None and John Kandachie in Coulls v. 

Abraham Milne in Coclarachie. Caulioner James Milne Ihere. 

Gilberl Ronaldsone in Blackhillock v. Alexr. Ronaldsone and John Thomsone in 
Leddauche. Caulioner Alexr. Norie in Leddauche. 

17. Wm. Leask of that Ilk v. Edward Adamsone at the Milne of [sic] Tiwerlie. 

Cautioner George Adamsone in Blairtoune. Corn standing in Knapisleask was specially 
mentioned. 

26. William Lyndsay, burgess of Abd. v. James Moresone, brolher of Thomas More- 

sone in Auld Gowell. Caulioner Ihe said Thomas Moresone. 

May I. Alexr. Murray in Jakisloune v. Patrick Chessour there. Caulioner Magnus Mowat 

in Yewbraye. 

8. Renunciation and Discharge. This was a renunciation by Helen Hay, con- 

sented to by her husband, Alexander Gordoun in Elrick, of the lands of Elrick in the 
Parish of Deir, in favor of William, Lord Keithe, &c. The wife appeared in Court, 
while the husband gave his consent in Ihc dwelling-house of Robert Keithe, burgess of 
Abd. 

II. Loosings of Arrestments. John Innes in Elphine v. Alexr. Cheyne in Auld 

Abd. Cautioner Alexr. Buchan al Ihe Milne of Brigfeildes. 

16. Alexander Forbes of New v. Patrick Geall in Tullochespick. Caulioner George 

' Scott, burgess of Abd. The specification of timber work here included " porpell walls " 
fparlilions]. 

22. Renunciation and Discharge. Margaret Murray, wife of Wm. Spens at the 

Milne of Williamsloune, appeared lo renounce in favor of " ane noble and potent Lord, 
David, Vicont of Slormonlhe," all her rights of [?] Baighall in Ihe Lordship of Scone 
and County of " Pearlhe." 

2 5 8 



Judicial Enactments : Vol, EL, Contents 

1622. 

May 22. Loosing of Arrestment. Margaret Innes, lawful daughter of the late Robert 

Innes of Meikill Elrick v. Wm. Couper at the Milne of Elrick. Cautioner George 
Petrie in Meikll Elrick. 

25. Renunciation and Discharge. This entry refers to the marriage settlements of 

Elizabeth Campbell, daughter of Sir Duncan Campbell of Glenurquhaye, knight, and 
his wife Dame Elizabeth Sinclair, on her marriage to Robert Irving of Feddraucht, son 
of Alexr. Irving of Drum. The amount to be paid to Irving of Drum as tocher was 
11,000 merks. The date of the marriage contract is not given, but a bond for the 
amount of the tocher had been granted by Sir Duncan Campbell and his son, Colin 
Campbell, Fiar of Glenurquhaye, in favor of Elizabeth Campbell, on 23 April, i6ig. 
In respect of that obligation she now gave a full discharge and renunciation, not only 
of the obligations in the marriage contiact but of her legilim and all other claims 
" except and allways the benevolence and guidwill " of her father, mother and brother. 
Her husband, as usual in these cases, then appeared and confirmed his wife's act. 

27. Loosings of Arrestments. George Gordoune at the Kirktoune of Tillenessill v. 

Andrew Clerk in Terpersie. Cautioner Mr. Andrew Clerk, Advocate in Abd. 

29. Robert Lumsden, younger of Cuschnie v. Robert Morgne in Cuschnie. Cautioner 
Mr. Robert Udnie of Lambingtoune. 

Assault Blood-drawing. The Procurator Fiscal and Andrew Davidsone at the 
Doip Mylne v. John Peirie in Essilmont. Cautioner John Iloig in Rubislaw. 

30. Removing. Alexr. llervie in Watertoune, as principal takisman under Andrew 
Fraser of Stenniewod v. Wm. Reid at the Milne of Watertoune, who consented to 
remove on Whitsunday Even. Reid farther bound himself to leave the Milne, Milne 
houses and other houses as good as they had been at his entry, at the sight of Thomas 
Pirie at the Milne of Dilsproe and John Simsone at the Milne of Sklettie or to pay 
deterioration. He also admitted being due for rent crop 1622 46 merks, 5 capons at 
6/8 each and 5 bolls and I firlot of meal. A similar entry follows regarding the Milne 
Croft of Watertoune. 

June I. Loosings of Arrestments. George Gordoune of Tillenesill v. John Leithe in 

Cunteswalls. Grain on the " toune of Collquhirnie." Cautioner Wm. Clerk in Auchlie. 

John Chalmer in Drumbulge and James Gordoune of Knockaspak, his tutor v. John 
Watt in Drumbulge and James Hendrie there. 

5. Wm. Forbes of Monymusk v. Robert Smythe in Coullie. Cautioners James 

Smythe, Saddler, burgess of Abd. and Thomas Collie in Fetterneir. 

Alexander, Earl of Dunfermling, Lord Fyvie and Urquhart v. John Watsone in 
Hill of Pettie. Cautioner Alexr. Cheyne, burgess of Abd. 

John Fraser of Meikill Elreick v. William Wilsone there. Cautioner Alexr. Donald- 
sone in Tollie-Arnage. 

259 



Aberdeenshire Sheriff Court: 

1622. 

June 6. Loosings of Arrestments. James Kie at the Milne of Forrest v. John Steiven- 

sone at the Milne of Turreff. Cautioner Wm. Forbes, burgess of Abd. 

Gilbert Meingzies of Petfoddells v. Thomas Earnsyd in Coulie. Cautioner Wm. 
Earnsyd in Tillimad who signed " Irnsyd." 

Wm. Scuttertie in Clochorbie v. Marjory Forbes, widow of Rol>ert Shand in 
Clochorbie. Cautioner Wm. Copland of Arden. 

7. Wm. Forbes of Blair v. James Muirisone in Kinguidie. Cautioner George Bruce, 
Saddler, burgess of Abd. 

George Ker in Benwalls v. Andrew Gammak there. Cautioner Wm. Petindreiche 
in Cortaillhoussis. 

8. Mary Cruckshank, liferentrix of the two part of Rothmaes, George Leslie, her 
husband, and John Gordoune, her son v. John Garden in Rothmaes. Cautioner Robert 
Garden, liferenter of 4 oxengait of Tocherfuird. 

10. Mr. Wm. Andersone [probably the Sheriff Clerk], Wm. Lange, his son-in-law, and 

Bessie Andersone, his wife v. Elspet Thorntoune, widow of John Lange, burgess of 
Abd. Cautioner David Ronaldsone, burgess of Abd., whom Patrick Lange or Layng 
bound himself to relieve. 

John Chalmer in Drumbulge and James Gordoune of Knockaspack, his tutor v. 
George Milne in Ilaltoune of Drumbulge. Cautioner John Gordoune of Haltoune of 
Drumbulge. 

12. Renunciation and Discharge. This and the following entries bear upon the pur- 

chase by Dr. Arthur Johnston of his house in the Gallowgate, which is described in the 
text. Isobel Burnet, widow of John Burnet, burgess, appeared and renounced her 
conjunct-fee, liferent or any other right, which she had or might claim " in favores 
of Mr Arthur Jhonestoune Doctor of Physick, and Marie Cagnoncle his spous now 
heritable proprietars and conjunctfiers " of the property. 

Loosings of Arrestments. Alexr. Graye, burgess of Abd. and Isobel Corsser, 
his wife v. Thomas Burnet, burgess of Abd. Cautioner Alexr. Andersone in Tillenturk, 
whom Mr. Wm. Burnet, Minister at Kinarnie, bound himself to relieve. Graye and 
his wife were creditors of Burnet in the sum of ,200 and 80 of liquidate expenses. 
In security they used an arrestment in the hands of " Mr Arthur Jhonstoune Doctor of 
Physick" of 1600 merks said to be due by him to Burnet, which was doubtless the 
price or part of the price of the house in the Gallowgate. 

James Jhonstoune in Isaakstoune v. Mr. Wm. Burnet, Minister of Kinarnie. 
Cautioner Patrick Skeyne [of or in] Baindindodle. There was an arrestment here also 
in Dr. Arthur Johnston's hands of ^1000 "less or mair " in security of 300 merks 
claimed from the Minister at Kinarnie. 

James Gordoune of Knokespak v. John Williamsone in Fywie. Cautioner Mr. 
Robert Elphinstoun of Kinbroyme. 

260 



Judicial Enactments: Vol. IE., Contents 

1622. 

June 12. Loosings of Arrestments. Alexr. Calder of Assloune v. Alexr. Duncan in Little 

Endovie. Cautioner George Garioche, portioner of Kinstair. 

13. Wm. Name in Bogstoune, Duncan Name in Knokisoull and John Calder of Eister 
Migvie for his interest v. Alexander Bruce in Grodie. Cautioners Alexr. Forbes in 
Lairnie and Wm. Forbes in Pettalachie, the latter of whom bound himself to relieve the 
former. In addition to the usual obligation that the arrested effects should be forth- 
coming, the cautioners bound themselves that Bruce should " do ressone to Lord and 
ground as accords of the law and all that he aucht to do be law and ressone." 

James Robertsone at the Milne of Culquhork v. Alexr. Forbes in Learnie. 
Cautioner Arthur Forbes of Cuschnie. 

14. George, Marqueis of lluntlie, &c. v. Mr. Alexr. Gordoune, Minister at Glenmuck. 
Cautioner Thomas Gordoune at the Milne of Ardgeithe. Peats, &c., which the 
Minister had cast both in 1621 and 1622 " in the Moiss and correis of Braychelie." 

Renunciation and Discharge. In this entry is contained the acknowledgment 
by Robert Coutlis of Auchtercoull that he had received from Wm. Gordoune of Abir- 
zeldie 10,000 merks for the redemption of the lands of " Eistoun with the pendicles of 
the samen callit Knowheid and Indago " in the parish of Tarlane and Barony of 
Abirzeldie, which had been wadset by Gordoune to Couttis. 

Loosing of Arrestment. Patrick Gell in Grodie . Arthur Forbes in Miltoun of 
New, brother german of Wm. Forbes of Tornaveine, who was cautioner for him. 250 
merks in the hands of Patrick Leslie of Flinder. 

Renunciation and Discharge. Annas Keithe, wife of Adam Gordoune of 
Boigholl in the parish of Saint Machar, appeared and renounced her rights to Boigholl 
and also to the astricted Multures of the Barony of " Bissopeshyr lyand on the northe 
syd of the water of Done" in favor of John Duff, burgess of Abd., to whom the lands 
and others had been alienated. 

Loosings of Arrestments. John Keithe of Carnetraidzlain v. Wm. Collie in 
Ardeharrall. Cautioner Alexr. Williamsone, burgess of Abd. 

Mr. George Leslie in Birsackis Milne v. John Gordoune in Feddie. Cautioner 
Wm. Forbes in Auchincleche. 

17. John Leslie of Petcapill v. George Baird of Auchmedden. Cautioner Mr. Gilbert 
Baird in Auchmedden. 

1 8. Removing. Thomas Meingzies of Balgownie v. Mr. Thomas Gordoune some- 
time in Kethockismilne. With consent of Alexr. Hervie in Inverurie and George 
Midltoune " ane of the ordinar Clerks of the Commissariot of Abirdein," his curators, 
Gordoune granted himself orderlie removed from the Milne as at Whitsunday preceding. 

261 



Aberdeenshire Sheriff Court: 

1622. 

June 18. Loosings of Arrestments. George Cuschnie, " Blindman at the Brig of Done," 

v. Alexr. Cuschnie, "Blind Wirlar," z son of John Cuschnie, Tailzeour in Meikill 
Fynnersie, who was cautioner for him. 

19. James Gordoune, apparent of Lesmoir v. Adam Gordoune, sometime of Boigholl. 
Cautioner John Walkar of Creichie. 9000 merks [probably the price of Boigholl] in 
the hands of John Duff, burgess of Abd. 

Judicial Ratification. Sir Alexander May of Delgatie, knight, had wadset his 
lands of Ashalloche in Croudane to George Hay, third lawful son of Alexr. Hay of 
Brunthill. This alienation his wife, Dame Isobel Leslie, now consented to and ratified. 

17. Loosing of Arrestment. John Youngsone in Auchmalidie v. Gilbert and 

Andrew Low there. Cautioner Arthur Forbes, burgess of Abd. 

20. Renunciation and Discharge. The lands were the lands of Ardfork and Tempil 
lands of Ardfork in the parish of Bethelnie and Barony of Meldrum. Elspet Meldrum, 
wife of Andrew Meldrum of Ardfork, here renounced her rights in favor of Wm. 
Seatone of Meldrum. 

22. Loosings of Arrestments. John Moir in Cask of Crudane v. James Daniall 

in Kinknockie. Cautioner Wm. Daniall in Perckok. 

John Scot in v. Wm. Smythe in Ardune. Cautioner Andrew Johnstoune, 

Meassone in Abd. 

27. Alexr. Calder of Asloune ?;. John Clerk in Baphluige. Cautioner Alexr. Lawsone, 

Tailzeour in Kincraigic. 

22. James Forbes of Ilauchtoun v. Wm. Gariauch of Tillichettill. Cautioner Robert 

Merser, Messenger, burgess of Abd. 

July 3. Renunciation and Ratification. By her appearance on this day Helen Cheyne, 

wife of Wm. Udny of that Ilk, renounced any rights she might have to, and ratified the 
alienation of Mains of Uclnye, Killinortoune and Tilleeave to Wm. Setoune of Mownye, 
elder, in liferent, and failing him to Wm. Setoune, younger, his eldest son. The 
parties to the contract, which was dated 22 June and 3 July then current, were, on the 
one part, Wm. Udny, his brothers, Mr. Robert and Mr. Alexander, his wife and 
Meatie [Matilda] Gordone, his mother-in-law ; on the other part, Wm. Seatone for 
himself and his eldest son. 

6. Loosing of Arrestment. Henry Smart in Kintoir v. David Andersone there 

and Robert Andersone, his son. Cautioner Wm. Forbes in Kinmundie. Peats in the 
Commonly of Kintoir. 

I This word has not been found elsewhere, but was probably meant to describe a 
stunted or diminutive individual whom in these days we would probably call in local phrase 
an "object." 

262 



Judicial Enactments: Vol. HI., Contents 



1622. 

July 12. Removing'. George Gordoune of Coclarachie v. John Chalmer, sometime at the 

Milne of Over Blairtoune, then in South Colpnaye. Chalmer granted himself lawfully 
removed, as at Whitsunday in favor of Gordoune, as heritable proprietor of the Milne, 
&c. 

15. Loosings of Arrestments. John Frame in Torphins v. John Dick there. 

Cautioner James Clerk, Wobster, burgess of Abd. 

19. Thomas Meinzies of Balgownie v. Mr. Thomas Gordoune, sometime in Kethocks- 
milne, then in Ariburne. Cautioner Gilbert Hervie, burgess of Abd. 

Alexr. Ramsay in Kirktoune of Echt v. Arthur, William and Alexander Monecht 
in the Manes of Monecht, as intromitters with the effects of the late Wm. Monecht 
there. Cautioner Robert Forbes of Tilleoche. 

20. John Davidsonc in Blachillock v. Edward Youngsone in Litle Gicht. Cautioner 
Wm. Pratt, occupier of 8 oxengait there. 

Sir Alexr. Hay of Dulgatie v. Alexander, Maister of Forbes, and his tenants of 
Meikill Fintraye. The peats, &c., in the moss called the " reid " moss in the parish 
of TurrerT. Cautioner John Mitchell in Snaw Place. 1 

31. John Calder, Merchand v. Margaret Sandie in Culsche of Feddrett, widow of 

Patrick Fynnie in Culsche, sometime in Brucehill. ^40 in the hands of John Brydie 
in Baithleme. 2 Cautioner Win. Fynnie in Greinness. 

Augt. 2. Wm. Murdo in Inverchumbrie v. Wm. Daniell in Perckok. Cautioner James 

Daniell in Kinknockie. 

6. Mr. Wm. Forbes of Craigiewar v. Robert Cruickshank in Seattis, Andrew Simmer, 

James Simmer, Thomas Davidsone, John Beiddie, John Garden, Henry Arbuthnot 
and Gilbert Suape all in Disblair. The defenders had been cutting peats on the lands 
of Fintraye on the south side of the " Reid burne." Cautioner Wm. Setoune of 
Disblair. 

Alexr. Skeyne, portioner of Tulloche v. George Petrie in Migvie. Cautioner 
Thomas Cowtis, Messenger and occupier of 4 oxengait of Migvie. 

9. Wm. Gordoune of Abirzeldie v. Duncan Makwilliame in Kirktoune of Glentanner. 

Cautioner Thomas Elmslaye in Glentanner. 

13. Tutory. John Leslie of Wardes, having been appointed Tutor Dative to John 
Gordoune, eldest lawful son of the late John Gordoune, apparent of Avachie, found 
Gilbert Leslie, burgess of Abd., cautioner for his faithful exercise of the office. The 
date of the gift was I July, 1622. 

14. Loosings of Arrestments. John Leslie of the Cheppell v. Andrew Archibald, 
alias Leithe, in Auld Craig. Cautioner Hector Davidsone, burgess of Abd. 

10. James Watsone in Newloune of Sheiwes v. David Cone in Kellie. Cautioner 

Robert Pirie in Justice Milnes. 

I Probably in Old Aberdeen. 2 Now Bedlam. 

263 



Aberdeenshire Sheriff Court : 

1622. 

Augt. 28. Curatory. Mr. Arthur Jonston, Doctor of Physick, on the narrative that he was 

" passing out of the realtne and uncertane of his returning," appointed Mr. Duncan 
Forbes of Balnagask, John Forbes, his eldest lawful son, and Gilbert Jhonstoune of 
Forresterhill as Curators ad tiles et negolia to his children, "James Lodvice Nicolas 
and George, Marie and Susanna." The entry was signed by him (with the letters 
D.M. after his name) and by the Sheriff Depute. 

30. Loosings of Arrestments. Wm. Leslie, burgess of Abd. v. John Slot, Flashour 

there. Cautioner John Troup, burgess there. 

Septr. 5. Mr. James Forbes of Ilauchtoune v. Thomas Duncane in Montgarie. Cautioner 

David Simsone, burgess of Abd. 

7. Andrew Meldrum of Muirs of Fyve v. Patrick Cheyne in Kairthin. Cautioner 

Thomas Cuming, citizen in Auld Abd. 

John Meldrum at the Milne of Saock v. Magnus Smythe in Creimound. Cautioner 
Wm. Haye in Nethirtoune of Creimondgorthc. 

John Chalmer of Balnacraige v. Patrick Aidie in Stranduff. Cautioner Thomas 
Fraser in Auld Beltie. 

10. James Gordone of Knockaspak v. Alaster McAndrow in Steagamache. Cautioner 

Peter Schewane, burgess of Abd. 

17. John Gordoune of Craibstoune v. James Andersone alias Walkar in Milnehill. 

Cautioner James Strachyne, Merchand, burgess of Abd. The crop growing upon the 
" pownd fauld of Sklaittie." 

19. George, Robert and John Mitschell, " bairnes to umquhill Chirstie Mitschell and 
Alexander Maister of Forbes for his entres " v. Mr. John Duncane in Rynnie. 
Cautioner Gilbert Stevine, burgess of Abd. The crop upon Barflet. 

20. Patrick Sinclair of Auchrenie v. Wm. Robertsone in Skillimarnoe. Cautioner 
Robert Keith of Auldmad. 

21. John Cadell of Migwie v. Charles Dun in Kinkell. Cautioner Walter Dun in 
Mamewlay. 

27. Renunciation and Ratification. Mcatie [Matilda] Gordoune, widow of Wm. 
Udnie of that Ilk, and Helen Cheyne, wife of Wm. Udnie, sometime of that Ilk, then 
of Tillieave, by this Act renounced their rights (i) in the lands of Tillirye com'eyed by 
Win. Udnie on the same day to John Setoune of Minnes and (2) in the lands of Minnes, 
Crabidonald and Auchlowne, formerly conveyed to him. The widow also ratified a 
conveyance granted by her on that day in favor of Wm. Udnie of the lands of Tillieave. 

28. Loosings of Arrestments. George Eaird of Auchmedden v. Thomas Bruce in 
Petnacadell. Cautioner John Bruce, Merchant in Petnacadell. 

Octr. 5. John Gordoune of Auchlerellon v. John Mackcolmie in Brumhill. Cautioner 

Wm. Reauche in Waster Brayroddack. 

264 



Judicial Enactments : Vol. EL, Contents 

1622. 

Octr. 8. Loosings of Arrestments. Robert Hunter in Brumhill v. Thomas Johnstoun in 

Waster Towmads. Cautioner James Forbes, burgess of Abd. 

15. Mr. Wm. Barclay, younger, of Kinmundies v. George Gray, John Cuschnie and 
John Duncane, all in Cloghill. Cautioner James Cruikshank, Merchant, burgess of 
Abd. 

16. George Forbes of Auchintoull v. Wm. Lang in Asloune. Cautioner Tames Calder 
fear of Asloune, who signed " Cadell." 

Novr. 4. Wm. Keith in Auchronyes v. John Reid, Skinner in Auld Abd. Cautioner 

Duncan Reid, Skinner, burgess of Abd. 

8. James Duncane in Auld Mairdrum v. Margaret Williamsone at Dykend of Kirknie. 

Cautioner John Leask, burgess of Abd. 

II. George Crichtoune, elder and younger, of Creichies v. John May, younger, burgess 

of Abd. Cautioner Andrew Milne, Armorar in Abd. 

13. Mr. Robert Elphingstoune of Kinbrume v, John Brune at the Cheppell of Garioche. 

Cautioner Robert Murdo, occupier of 8 oxengait of Drimmies. 

15. Discharge of Wadset. The lands of Muir and east half of Tulliche in the 
parish of Tulliche had been wadset by James Gordone of Knockaspak to Wm. Far- 
quharsone in Cordrache for 2000 merks, who now appearing acknowledged that he had 
been paid by Wm. Gordone, fear of Knockaspak, and declared the lands redeemed. 
Two Notaries signed for Farquharsone, the Sheriff depute also adhibi'.ing his signature. 

16. Loosings of Arrestments. James Johnstoune in Isaakstoune v. Thomas Burnet, 
burgess of Abd. An arrestment in the hands of " Mr. Arthure Jhonstoune Doctor of 
Physick " was loosed of consent. 

James Forbes in Kinnellar v. Alexr. Irving in Feddraucht. Cautioner Robert 
Irving of Feddraucht. 

Report of Commission. Renunciation. There is entered of this date a Com- 
mission dated 27 April, 1622, granted by Thomas Gordoune of Lytle Gowell, Sheriff 
depute, and Mr. Wm. Andersone, Sheriff Clerk, in favor of Mr. James Forbes of 
Hauchtoune and Wm. Forbes in Kinstair, Notary Public, as Sheriff depute and Sheriff 
Clerk in that part, to take the Renunciation of Jeane Mowat, wife of Alexr. Calder of 
Asloune, of the lands of Asloune and Muir in the parish of Awfuird, and also the 
Renunciation of Janet Foullartoune, wife of James Calder, Fear of Asloune, of the 
lands of Tonley, Findlatrie and Denmilnc in the parish of Touche, and of 12 oxengait 
of Dorsaill in the parish of Awfuird. The Renunciations were to be in favor of James 
Forbes in Colmellie, by whom the Report of the Commission was handed in of this 
date. It embraced however the Renunciation of Janet Foullartoune only, which was 
taken within the Hall of the house of Asloune on 5 May, 1622. 

LL 265 



Aberdeenshire Sheriff Court: 

1622. 

Novr. 22. Loosings of Arrestments. Mr. Andrew Logic, Minister of Premnay v. Susanna 

Leithe, widow of John Forbes of Barnes. Cautioner Andrew Forbes, appeirand of 
Capilhill. 

25. Thomas Esplein in Newbiging v. James King in Cairnequhelp. Cautioner Andrew 

King in Condaclaiche. 

30. John Forbes of Polflug v. Gilbert Walkar in Air. Cautioner Alexr. Robertsone, 
" Chirurgiane," burgess of Abd. 

Deer. 17. James Ogiluie of Blearock v. Robert Aillhouss in Auchlochries. Cautioner George 

Aillhouss, occupier of Milne and Milne lands of Karmuk. 

21. Alexr. Volume in Boddome v. Robert Ord in the Mains of Inverugie. Cautioner 
Wm. Ord, Wreicht, burgess of Abd. 

24. George Bruce, Saidler, burgess of Abd. v. Wm. Walkar in Lytle Arnage. 

Cautioner John Johnstoune, occupier of the Brew Croft at Cheppiltoune of Esslemonthe. 

28. Helen King, widow of John Short, burgess of Abd. v. Mr. Gilbert Keithe, 
Minister at Bourtie. Cautioner John Keith in Auchquorsk. 

1623. 

Jany. 7. Robert Keithe in Gavell v. Alexr. Jamisone in Kindrocht. Cautioner Alexr. 

Burnet, burgess of Abd. 

Manslaughter. The Procurator Fiscal, Mr. Wm. Barclay v. David Scot in Hall- 
forrest. Cautioner Henry Barrone in Auld Abd. The person whose slaughter was 
charged against Scot was Wm. Smart, sometime in Eicht. 

22. Loosings of Arrestments. Wm. Ingrahame, burgess of Abd. and John 
Ingrahame, his son v. John Ross in Berriehillock. Cautioner John Norie there. 

John Ogiluie of Birnes v. Wm. Stewart in Ordley. Cautioner Andrew Meldrum 
of Muirs of Fyvie. 

23. James Paull in Brumehill v. Barbara Aberdein, widow of John Gawane in Mil- 
toune of Fynnersie. Cautioner Patrick Forbes at the Milne of Fynnersie. 

24. Wm. Ross in Auchlosin and Duncan Hall in Brathinche v. John Leay, portioner 
of Wester Camphell. Cautioner Mr. James Irving, Advocate in Abd. 

29. Andrew Duffes, " Kirk officiar of the parochin of Auchterless " v. Henry and Alexr. 
Umphraye at the Kirk of Forge. Cautioner Robert Reidfuird of Bainesholl. 

George Gordon of [? in] Tillinessill v. John Scot in [?] Petmedden. Cautioner 
David Hendersone in Auld Abd. 

31. James Cheyne of Arnage v. John Glennye in Rannyeshill. Cautioner Thomas 
Glennye, occupier of 8 oxengait there. 

366 



Judicial Enactments: Vol. IE., Contents 

1623. 

Febry. 6. Loosings of Arrestments. Mr. James Ross, Minister of Abd. v. Walter 

Elphinstoune, Glassin Wreicht, burgess of Abd. Cautioner Wm. Huisone, burgess of 
Abd. " Four muskatis and thrie irone sollis of ane Hoatt-press." 

8. George GorJone in [? of] Tillinessill v. Duncan Mitchell in Cividlic. Cautioner 

Arthur Forbes, Webster and Friemane in Abd. 

John Gordoune of Crabstoune v. Alexr. Galloway in Kingiswallis. Cautioner 
Alexr. Jaffray, burgess of Abd., whose remarkable signature is appended to the entry. 

14. Assault Blood-drawing. The Procurator Fiscal, Mr. Wm. Barclay, and 
Janet Boig and John Slaiker, her son v. George Browne in Auchterless, burgess of 
Banff. Cautioner George Scot, burgess of Abd. 

21. Loosings of Arrestments. George Gordone of Newtoune v. George Gordone 

in Ranye. Cautioner George Broune, occupier of 10 oxengait land in Ranye. 

25. Mr. Wm. Forbes, designed as "now of Craigyuer " v. James Mortimer, sometime 

of Craigyver. Cautioner John Edward in Kirkis of Tillifour. Three years teind duty 
of the lands of Litill Carinday was claimed. 

George Gordone [? in] Tillenessill v. Alexr. Simsone in Keig. Cautioner Wm. 
Symsone at the Milne of Keig. 

March I. Alexr. Bisset in Lernie v. John Cowtis in Kirktoune of Kinnernye. Cautioner 

James Gordone, burgess of Abd. 

5. Patrick Cormak in Auchaber v. Matthew Cocker at the Milne of Baidinscothe. 

Cautioner John Ilendrie in Auchterless. 

8. James Grant, son and heir of James Grant, sometime in Delrassak, and John 

Gordone, burgess of Abd., his factour v. John Andersone in Delrossack. Cautioner 
Andrew Andersone, occupier of a plough of land in Overtowie. 

18. Manslaughter. The Procurator Fiscal and David Leask in Invernettie v. Hew 
Craufuird in Doighillock, charged with the slaughter of Alexr. Leask, son of the private 
prosecutor. Cautioner Charles Craufuird in Auchquhortheis. 

15. Loosings of Arrestments. Alexr. Gordoune of Dunkintie v. Bartholemew 
Paxtoune in New Leslie. Cautioner John Forbes of Leslie. 

19. John Davidsone, Tailzeor in Blackhillock v. Wm. Baxter in Auchincreive. 
Cautioner Wm. Foullar in Cranboige. 

29. Robert Gillanders in Glentanner v. Marret Midltoune in Glentanner. Cautioner 

James Gordone of Knockaspak. 

April 10. Thomas Laing in New Keig v. Duncan Schirref in Balquharne. Cautioner John 

Forbes, burgess of Abd. 

267 



Aberdeenshire Sheriff Court : 

1623. 

April 15. Loosings of Arrestments. Thomas Laing in New Keig z>. Elspet Reid, widow 

of Wm. Mearnes in Fawlsie and Robert Cruckshank in Syd, her husband. Cautioner 
Mr. George Spence, Minister at Kinnethmont. 

Jeane Chalmer, only la\vful " bairne" to the late Robert Chalmer, burgess of Abd., 
and Alexr. Chalmer, burgess there, her tutor v. Robett Smythe, Merchand, burgess 
there. Cautioner Hector Smythe, Merchand, burgess there. 

19. George Bruce, Saidler, burgess of Abd. v. Wm. Walkar, sometime in Cheppel- 

toune then in Litle Arnage. Cautioner James Gordone of Fechill. 

21. James Cheyne of Arnage v. Andrew Moreis in Auchterellone. Cautioner James 

Beatoune, occupier of 8 oxengait of Ardlane. 

29. Mr. Win. Fraser of Bishopes Clintertie v. John Midltoune there. Cautioner John 

Fraser of Litle Clintertie. 

May 17. Magnus Mowat of Balquhollie v. James Scorgeak in Bruimhill and James Wobster 

in Lendrum. Cautioner Andrew Meldrum of Muirs of Fyvie. 

21. Andrew Strathauchin, in Strathboigie v. Wm. Troupt of Balnacraig. Cautioner 

Mr. John Strathauchin, portioner of Kincardine. 

23. Margaret Keythe, widow of George Keythe of Glackriauche v. Wm. Hendersone 
in Glenebraye. Cautioner Andrew Barclay of Steane of Benholm, Chamberlain to the 
Earl Merschell of his Lordship's lands in Buchane. 

24. Thomas Gordoune of Grandome v. Richard Drume in Denstoune. Cautioner 
John Hervie, occupier of 10 oxengait of Boigholl. 

26. Alexr. Lyone of Braka v. George Lyone in Comalegie. Cautioner Thomas 

Gordone in Artlache. 

John and Robert Duieget, portioners of Ruthven v. Elspet Gordone in Newtoune 
of Ruthven, widow of John Glass of Pranny. Cautioner Patrick Reid of Smythiehill. 

John Cheyne and Mr. Wm. Lumisden, Bailzies of Auld Abd. t>. Thomas Watsone 
in Dubfuird. Cautioner Alexr. Meinzies, lawful son of the late Mr. Thomas Meinzies 
of Balgownie. Peats, &c., upon the " Comontie of Corshill." 

29. Mr. William Gordoune of Tilligreig v. James Simsone there. Cautioner Richard 

Simsone there. The tenants houses and buildings. 

John Keithe and William Leithe in A.uchquhorsk v. John Chalmer there. 
Cautioner John Tillie there. 

Sir Wm. Keythe of Ludquharne, Margaret Bannermane, his wife, and Alexr. 
Keythe of Balmure v. Wm. Haye in Northseatt of Archedlie. Cautioner Thomas 
Raynie in Mill of Archedlie. 

268 



Judicial Enactments: Vol. HI., Contents 

1623. 

May 30. Loosings of Arrestments. James Cheyne of Arnage and James Blackball in 

Memewlie v. Wm. Johnstoune, alias Muck, in Memewlie. Cautioner Wm. Symmer, 
occupiar of 10 oxengait of Easter Disblair. 

George Johnstoune of Caskieben and Wm. Forbes of Knappernay v. Wm. Iron- 
syde in Tillemaid. Cautioner Thomas Ironsyde, occupier of 12 oxengait of Cowlie. 

31. George Baird of Auchmedden and Lilias Baird, his mother v. James Tailzeor in 

Denquhithell. Cautioner Gilbert Quhyit, burgess of Abd. 

Janet Duncane, widow of Abraham Forbes of Blacktoune v. Alexr. Duncane in 
Wester Beltie. Cautioner Alexr. Attershank in Curquhattachie. 

June 2. Thomas Ilaye in v. Andrew Huid in Cabrache. Cautioner Wm. 

Thomsone in Boigincloche. ^42 in the hands of Robert Forbes in Brigend. 

George Merser, Advocat in Auld Abd. v. Alexr. Skeyne in Drumbreck. Cautioner 
John Skeyne, burgess of Abd. The sum of 330 merks in the hands of John Merser, 
Saidler, burgess of Abd. 

3. John Leslie of Wardess and Harie Turing of Saak v. Alexr. Leslie of Wreyis. 

Cautioner Hew Gordoune of Cultis. 

James Sudderland, servitor to John Leslie of Petcapill v. John Edmistoune, ser- 
vitor to Barbara Gordoune, Ladye Troupe. Cautioner George Johnstoune of Caskieben. 

Renunciation and Discharge. By her appearance on this day Dame Jane 
Abirnethie, wife of George Gordun, elder, of Gicht, renounced and discharged all her 
rights to the lands and barony of Meanye, in the parish of Belhelvie, in favor of William 
Seatoune of Udny and Marjory Innes, his wife. She also ratified a contract for the 
alienation and vendilion of these lands, entered into on the same day, between her 
husband, herself and George Gordoune, younger, of Gicht, on the one part, and 
Seatoune and his wife on the other part. 

Renunciation and Discharge. The compearer in this case was Bessie Cheyne, 
wife of John Gordoune of Tillachoudie, and the lands referred to were the lands and 
barony of Auchterellone, which were being alienated to Alexander Udny of Ardbuckill, 
burgess of Abd. 

Loosings of Arrestments. Alexr. Fraser of Techmuirie and Margaret Hay, 
his mother v. George Moir in Wachteniehill. Cautioner James Irvine of Auchezeoche. 

Janet Duncan, widow of Abraham Forbes of Blacktoune v. Alexr. Duncane some- 
time in Wester Beltie. Cautioner Thomas Duncane in Mill of Beltie. 

5. Mr. Robert Lumisden of Auchinlek v. Andrew Low at the Milne of Feddrett, 
sometime at the Craig Milne. Cautioner John Will in Bomakellie. 

6. James Mitshell in Wedderburne v. George Murray in Drumdollo. Cautioner 
Robert Dempster of Cuschnie. 

269 



Aberdeenshire Sheriff Court: 

1623. 

June 7. Judicial Obligation. Three of the tenants of Ashogill bound themselves to pay 

yearly to John Lowsone, burgess of Abd., and Maitt [Matilda] Mengzeis, his wife, 800 
merks per annum for relief of their master [laird], Sir Alexr. Hay of Delgatie, during 
the non redemption of the lands and barony of Delgatie. 

Loosings of Arrestments. Wm. Leslie in Auld Craig v. Sir Alexr. Hay of 
Delgatie. Cautioner James Hay in Muiriefauld. An arrestment had been used in the 
hands of Robert Innes of Bowenie [? Balvenie] and others. 

John, Robert, George and Isobel Gillanders, lawful children of David Gillanders in 
Cobillheuche v. Margaret Midltoune in Glentanner and John Sandesone in Tulliche. 
Cautioner Wm. Gordoune, fear of Knockaspak. 

Judicial Ratification. Marjory Gordone, wife of James Ogiluie of Auchleuchries, 
here ratified a wadset of the Midlpleuche of Eister Auchleuchries to George Hay, law- 
ful son of Alexr. Hay of Brun thill for 2500 merks. 

Loosing of Arrestment. John Gordoune of Petlurge v. George Gordoune of 
Pettiemerqueis. Cautioner John Gordoune of Cheppeltoun. 

10. Renunciation and Discharge. Margaret Duff, wife of Adam Fraser of Fin- 
zeauche, by this Act renounced her rights to the lands of Finzeauche, Meikill Abircattie, 
Auchfrathie Faulds, Milne of Finzeauche, with the astricted multures of these lands, 
and also of Eddindurnocht, Litill Abircattie and Ower and Nethir Tulloches, in favor 
of David Anclersone, burgess of Abd. 

11. Loosings of Arrestments. Wm. Forbes of Barnes v. Susanna Ley the and 
Gilbert and Annas Forbes, as Executors or Intromitters with the estate of the late John 
Forbes of Barnes. Cautioner Patrick Leslie of Flindars. 

1 8. John Lumisdeane of Tillecarne v. James [?] Selie there. Cautioner Gilbert Raye, 

Cordoner and Crofter at Cowlie. 

21. Renunciation and Discharge. Janet Foullartoune, wife of James Calder, 

younger of Asloune, by this Act renounced and discharged, in favor of her father-in-law, 
Alexr. Calder, elder of Asloune, " All tytle and richt of tearce conjunct fie lyvrent or 
uther richt quhatsumewir shoe hed hes or anywayes maye clame ather of stock or teind 
of Tonleye, Meikill Findratrie and Denmill " in Touche. She farther passed, in like 
manner, from her right to "jtuell oxingait lands of Dorsaill " in Awfurd, in favor of Mr. 
Andrew Skeyne of Cheppeltoune for whom John Leslie of Abirloure appeared as pro- 
curator. 

Renunciation and Discharge. Jeane Mowat, wife of Alexr. Calder, elder of 
Asloune, by this Act renounced, in favor of Mr. Andrew Skeyne of Cheppeltoune and 
James Forbes in Collmellie, her rights to Asloune and Mures and Owerhills of Asloune. 

28. Loosing of Arrestment. Adam Abircrombie of Thriefeild v. John Crombie, 

Maissone in Bonytoun. Cautioner Alexr. Abircrombie, portioner of Buchanstoun. 

270 



Judicial Enactments: Vol. HI., Contents 

1623. 

June 28. Renunciation. William Keythe in Kairndell here renounced, in favor of 

Alexander Irving, fear of Beltie, and Isobel Irving, his wife, all his rights to the 
" Middle pleuche of Oweraltrie " in the parish of Deir. 

July i. Loosing of Arrestment. Robert Ross in Ililtoune, James Ross in Craigtoune 

and Patrick Strauchin in Stranduff v. James Ross in Milne of Coull and Elspet Fraser, 
his wife. Cautioner Alexr. Ross, burgess of Abd. 

2. Renunciation and Discharge. Janet Forbes, wife of George Dilgarno in Peit- 
hill of Kinrnuck, renounced her rights to the " sune halff " of Porterstoune in the parish 
of Monkeigie in favor of George Johnstoune of Caskieben. 

3. Renunciation and Discharge. Katherine Gordon, wife of John Seatoune of 
Thornetoune, renounced her rights to the town and lands of Thornetoune in favor of 
Ninian Seatoune in Kirktoune of Bourtie in liferent, and Mr. Wm. Seatoune, his son, 
in fee. 

5. Loosings of Arrestments. George Ogiluie of Carnowsies v. Henry Massie, 

Patrick Massie and Wm. Lind in Ouchterellone, John Pirie, John Lind, John Bisset, 
John Smythe and Andrew Moreis in Yondertoune, Robert and Andrew Mair in Cuiks- 
toune and George Prierie at the Milne of Ouchterellone. Cautioner Wm. Gray Bailzie, 
burgess of Abd. Peats, &c. in the Mosses of " Ardgrane and Peltie and Commontie 
thairof." 

8. George Gordoune of Coclarachie v. Katherine Gardyne, widow of Mr. John Leythe, 
Commissary of Abd., and her tenants. Cautioner George Adamsone in Blairtoune. 
Peats, &c. on Colpnay and Pettens. 

9. Wm. Gordoune of Abirzeldie v. Alexr. Skeyne of that Ilk. Cautioner Robert 
Skeyne of Tillebirlache. Peats, &c., on the " Hill of Fair." 

11. John Dowertie at the Milne of Pettye v. John Watsone at the Milne of Iden. 
Cautioner John Meldrum in Tocher. 

12. Cattle-lifting. The Procurator Fiscal and Wm. Leask, younger, of that Ilk v. 
John Mar in Tillibreks. Cautioner George Gordone of Gicht by his procurator Mr. 
Arthur Watt. The charge was " the alledgit thifteous steilling of sewin oxen and tua 
ky out of the toun and lands of Nothro and ane kow furth of Alexr Forbes byre in 
Luddache." 

Loosings of Arrestments. John Cormak at the Kirk of Daviot v, Wm. Smythe 
in Ardune. Cautioner Andrew Johnstoune, Friemane Meassone in Abd. 

14. John Leslye of Petcapill v. George Johnstoune of Caskieben and his tenants. 

Cautioner James Johnstoune of Isakstoune. Peats, &c., in the Mosses of Crimond. 

1 8. George Ogiluie of Carnowsies v. Robert Gordoune in Blinburne. Cautioner 

Patrick Ledgertwood in Bourhills of Esslmonthe. Peats, &c., in the Mosses of Piltachie. 

2 7 I 



Aberdeenshire Sheriff Court : 

1623. 

July 19. Renunciation and Discharge. Janet Leslie, wife of Alexr. Lyone of Comalegie, 

renounced her rights to Braka, Glasha, Midiltoune, Quhytwall and Milne of Glasha in 
favor of Mr. Patrick Gordoune of Braka. 

21. Loosings of Arrestments. George Ogiluye of Carnowsies v. John Gordoune of 

Buckie, Walter Cheyne in Tilledesk, James Logane in Elphine, Gilbert Bodye in Todil- 
hills and Alexr. Buchane of Auchmacoye. Cautioner Patrick Legertwood in Bourhillis. 
Peats, &c. , in the Mosses of Ardgrane and Piltauchie. 

28. Theft. The Procurator Fiscal and Patrick Young, indwellar in Abd., v. Wm. 
Russell, Webster, burgess of Abd. Cautioner Thomas Clerk, Webster, burgess of Abd. 
" Ane web of tuedling harden " was said to have been stolen. 

29. Loosings of Arrestments. Wm. Wod in Heddirweik v. Andrew Glenny in 
Caskieben. Cautioner John Stewin in Maynis of Caskieben. 

Augt. 8. Elspet Gordoune, widow of John Glass of Prannie and Patrick Glass, her son v. 

George Forbes in Migvie. Cautioner George Andersone in Tulloche. 

George Harrow at the Brig of Die v. Wm. Elder there. Cautioner James 
Gordoune, burgess of Abd. 

12. Removing. John Moir and Alexr. Cristall, occupiers of parts of the Maynes of 
North Colpnaye, agreed, under certain reservations, to remove from their holdings, in 
favor of George Gordoune of Coclarachie, as heritable proprietor. 

15. Sale of Growing Crop by Tenant to Landlord. Henry Ord was feuar of 
Harrows Croft on the east side of the Uenburn of Abd. Being behind with his feuduty, 
as well as in debt to Mr. Thomas Johnestoune, burgess of Abd., the superior, for a 
supply of seed bear and not able to harvest his crop " be reasone of the skearsnes this 
present yeir," Ord sold his crop to the landlord. 

27. Curatory. Alexr. Keythe, eldest lawful son of the late Mr. Alexr. Keythe, 

portioner of Duffes, appeared and chose Alexr. Irving of Drume, James Irving of 
Brucklaw and John Irving of Artamphart, as his curators. The two latter were present, 
accepted office, took the oath defideli and became cautioners for each other. 

Septr. I. Loosings of Arrestments. Thomas Fraser of Streichin v. Robert Auld in Over 

Ardlethin. Cautioner George Young, occupier of 12 oxengait land there. 

3. Thomas Shand, burgess of Ab.l. v. John Lamb in Boddomes of Mamewleye. 

Cautioner Adam Gordoune in Milltoune of Kellye. 

1 3. James Ogilvie of Auchleuchries v. John Cordoner there. Cautioner Wm. Waus 
at the Milne of Brogane. 

John Grige, Skipper in Fraserisbruche and Alexr. Crawfuird, portioner of Rayne 
v. James Andersone in Corthibrae. Cautioner Alexander Clerk in Hous of Hill. 

16. John Duiged of Ruthven v. Elspet Gordoune, widow of John Glass of Pranny. 
Cautioner John Gordoune, burgess of Abd. 

272 



Judicial Enactments: Vol. EL, Contents 

1623. 

Sept. 1 6. Loosings of Arrestments. Arthur, Lord Forbes v. Patrick Reid of Smyddiehill 

and Helen Mortimer, his wife. Cautioner Patrick Wilsone, occupier of 8 oxengait of 
Belhenny. 

19. Wm. Garioche in Petinkirie v. John Garioche in Kinstair. Cautioner Mr. Robert 
Elphinstoune of Kinbrume. 

20. Thomas Mutray of Clubisgowell v. James Black, sometime in Halckhillock then 
in Scotistoune. Cautioner James Cassie in Quhytstripes. 

22. Thomas Erskeyne of Balhaggardie v. Wm. Stewin in Inverurie. Cautioner 
Andrew Stewin, Litster, burgess of Abd. 

23. Thomas Erskeyne of Balhaggardie v. John Gordoune in Drimmeis and whole 
tenants of Drimmeis. Cautioner Angus Andersone in Newtoune. Both this and the 
preceding entry refer to boundary disputes on the banks of the Ury. 

25. Alexr. Forbes of New v. Alaster Troupe in Deskrye. Cautioner Mr. James Elfin- 

stoune of Barnes. 

27. John Gordoune, younger, of Craige v. Thomas Erskeyne of Balhagardie. 

Cautioner Mr. Alexr. Jaffray, Balzie, burgess of Abd. A boundary dispute Craikis 
hauche on Drimmeis being mentioned. 

30. Mr. James Elphinstoune of Barnes v. Patrick Gordoune in New Glanderstoune. 

Cautioner John Gordoune in Feddie. 

Octr. 3. John Robertsone, alias Bonar, Fermorar in Abd. v. John Troup in Gilcomestoune. 

Cautioner Wm. Mukart, burgess of Abd. What was here specially arrested was the 
" haill cornis beir and aitts presentlie growand on the sched of land in Gilcomestoune 
on the northe syd of the gait that passis the Stokit Heid." 

4. Patrick Leithe of Liklieheid v. Patrick Watsone in Auchlewin. Cautioner Wm. 

Forbes of Bairnis. 

6. Jean Forbes, lawful daughter of the late James Forbes of Wester Thomads v. 

Thomas Johnstoune in Belnacraige. Cautioner James. Forbes, burgess of Abd. 

John Gordoune of Tillielt v. James Gordoune in Park. Cautioner Adam Gordoune 
in Miltoune of Kellie. 

25. Alexander, Maister of Forbes v. James Garioche of Kinstairis. Cautioner Wm. 

Gariauch of Tillechetlie. The " customes of the landis of Corsindaye intromettit with 
be the said James " were in question. 

Warding. Obligation to Re-enter. John Garioche in Badevine, who was in 
ward by virtue of Letters of Caption at the instance of Alexander, Maister of Forbes, 
was now released on an obligation by James Garioche, elder, of Kinstairis and Wm. 
Gariauch of Tillechetlie to re-enter him, on or before 20 November, under pain of 1000 
merks to be paid to the Maister of Forbes, for whom Mr. Patrick Chalmer, servitor to 
the Sheriff Clerk, appeared. 

MM 273 



Aberdeenshire Sheriff Court: 

1623. 

Octr. 28. Upkeep of Buildings by Liferentrix. William Forbes of Bairnes having 

caused a charge to be given to Susanna Leythe, the liferentrix of Bairnes, Rothnie, 
Drumrossie Hillockis and Miln thereof and Claylatches to uphold the buildings, &c., 
on the lands, Andrew Forbes of Newhillis, her son, now became cautioner for her, 
that she would fulfil her statutory obligations in that respect. 

Novr. 7. Loosings of Arrestments. Alexander Strauchin of Glenkindye v. Alaster 

Robertsone in Glenbucket. Cautioner John Gordoune, son of James Gordoune of 
Knockaspak. 

15. George Moir in Tilliemaid v. John Haye in Cask of Crudane. Cautioner John 
Murraye, occupier of " tua pleuches" of land in InvernQttye. 

Archibald Baxter in Nether Park v. Alexr. and Jeane Collie in Eister Eischindilly 
and Wm. Collie, their tutor. Cautioner Alexr. Collie, occupier of 8 oxengait in Kirk- 
toune of Durris. 

17. Alexr. Melwing in Craigerne v. Duncan Crombie in Glenheid. Cautioner Wm. 

Raye in Kintoir. 

[A leaf missing here.] 

29. Tutory. Patrick Leyth of Kirktoune of Rayne presented a gift, dated 18 

November current, to the office of Tutor to John Leythe, only lawful son and apparent 
heir of his brother, the late Mr. Wm. Leythe of Newlandis, accepted office, took the 
oath defideli and found Andrew Stewin, Litster, burgess of Abd., as his cautioner. 

Deer. 12. Loosings of Arrestments. Simon, Lord Fraser of Lovatt v. Alexr. Fraser, son 

of the late Sir Alexr. Fraser of Frasrisburche, knight, and whole tenants of Pettulie, 
whose rents were arrested. Cautioner Thomas Robertsone in Pettulie. 

13. Agnes Forbes, widow and executrix of John Wod in Milnebuye and wife of Harie 
Gordoune v. John Key the in Tartowie. Cautioner John Keythe in Auchquhorsk. 

16. James Birny, Webster, burgess of Abd. v. Andrew Meldrum and John Duncane, 
Merchandes, burgesses of Abd. Cautioner George Cruikshank, Merchand, burgess 
there. 

1624. 

Jany. 6. Revocation of Deeds granted in Minority. Margaret Sinclair, only child of 

the late George Sinclair of Dumbeathe, being then 22 years of age, by this Act revoked 
all deeds done during her minority by herself or her Tutors or Curators to her hurt. 
She specially revoked a Bond made between her and Alexander, Maister of Forbes, on 
5 July, 1622, whereby on the advice of Arthur, Lord Forbes, there was to be paid to 
Margaret Forbes, Lady Dumbethe, her mother, and Claud Hamiltoune, now husband 
of the said Margaret Forbes, a sum of ^400 per annum for the maintenance of the said 
Margaret Sinclair. 

10. Loosings of Arrestments. Magnus Mowat of Balquhollye v. Patrick Webster 

in Wood-end of Tollye. Cautioner Wm. Barclaye of Ordley. The crop on Lyndrume. 

14. John Conone in Kildrimmye v. Robert Pairker at the Milne of Glenkindye. 
Cautioner John Sibbald, burgess of Abd. 

274 



Judicial Enactments: Vol. ffl., Contents 

1624. 

Jany. 16. Loosings of Arrestments. John Turing of Foverane v. Alexr. Keythe in 

Newbruche. Cautioner John Liddell, Cuper, burgess of Abd. 

Feby. 6. George Andersone of Aird v. Grissal Rattraye in Frasrisbruche and John Scot, her 

son. Cautioner Andrew Fraser there. Money in the hands of James Fraser of Tyrie. 

Alexander Lesly in Cultis v. George Davidsone, Webster in Wrayes. Cautioner 
George Merser, Advocat in Auld Abd. 

19. John Mackomie and George Andersone, Chamerlanes to George, Marqueis of 

Huntlye v. Elspet Ross, daughter and executrix of James Ross in Milne of Coull. 
Cautioner Peter Moir, Merchand, burgess of Abd. 

24. Patrick Ley the in Sullavethie v. John Auchinleck in Mill of Montgariauche. 
Cautioner John Leythe, son of John Ley the of Quhythauche. 

25. Gilbert Meinzies of Pittfoddellis v. Margaret Irving, widow of Gilbert Meinzies of 
Pittfodclellis, and John Collace, fear of Bonnamone, then her husband. Cautioner Wm. 
Philip at the Mill of Pittfoddellis, occupier of the Mill and 4 oxengait of Westertoune 
of Piltfoddellis. Rent in the hands of James Barnet in Hill of Faulds. 

March 3. John Forbes of Petsligo v. Isobel Huisone, widow of James Fergusone, burgess of 

Abd. Cautioner Martin Huisone, burgess there. 

6. Wm. Seatoune of Disblair v. James Seatoune in Coulie. Cautioner Thomas 

Irnsyd in Coulie. 

8. Wm. Lyndsaye, burgess of Abd. and Thomas Pirie at the Milne of Dilsproe v. 

James Moresone, sometime in Auld Gowill and then in Kinmundie. Cautioner James 
Black, occupier of 8 oxengait of Scotistoune. 

18. Alexr. Fraser of Boigheidis as Bailzie and Chamerlane to William, Earl Mershell 

v. Mr. Andrew Skene in Overtoune of Dyce. Cautioner John Skene, Merchand, 
burgess of Abd. 

27. Wm. Irving of Beltie v. Wm. Keythe, sometime in Over Altrie, then in Ardmachar. 

Cautioner John Muire in Deire. 

April I. Katharine Leivingstoune, Patrick Morgen and George Cowtis z/. John Westland in 

Edinbanchorie. Cautioner John Forbes of Edinbanchorie. The subjects in dispute 
were the effects of the late Arthur Morgen in Drumnahuiff and of Beatrix Westland, 
his wife. 

Adam Gordone of Boigholl, Patrick Hepburne at the Litill Mylne of Essilmonthe 
and Patrick Forbes at the Milne of Meany v. Hector Davidsone, Mailman, burgess of 
Abd. Cautioner James Gordone, burgess of Abd. 

10. Robert Forbes of Eicht v. Alexr. Smythe in Kirktoune of Eicht. Cautioner James 

Irving at the East Mylne of Drum. 

275 



Absrdeenshire Sheriff Court: 



1624. 

April 20. Loosings of Arrestments. George Gordoune of Newtoune v. John Wilsone 

in Lonheid of Newtoune. Cautioner Wm. Beithe in Wasthall. 

24. Mr. Walter Forbes of Auchreddie v. Thomas Will there. Cautioner Wm. Chessor 

in Corbishill. 

Mr. Wm. Burnet, Minister at Kinnairnie v. James Mortymer, sometime of Craigi- 
war. Cautioner James Clark, Webster, burgess of Abd. 

27. Wm. Gordone of Kennertie v. Alaster Ross in Aldenruie. Cautioner Peter 

She wane, burgess of Abd. 

May 6. Wm. Dalgarno, sometime in Dennis, then of Creichie v. Nicoll and John Baxter in 

Creichie. Cautioner Wm. Keythe, sometime in Gavell. 

10. Revocation of Deeds granted in Minority. Alexander, Maister of Forbes, 
by this judicial act revoked all deeds granted by himself alone or with consent of others 
to his hurt, during his minority, and especially a contract whereby the whole Lordship 
of Forbes and Barony of Dumbaith had been made over to John Forbes of Petsligo in 
security of 38500 merks. 

12. Loosings of Arrestments. Arthur Forbes, Fear of Brux v. Edward Reid in 
Newtoune of Brux. Cautioner Alexr. Ilervie, burgess of Abd. 

13. Janet Keythe, widow of John Strauchin of Touxhill v. John Leidgertwood in 
Touxhill. Cautioner Wm. Gordone of Cheppeltoune. 

John Graye at the Milne of Leask v. John Cordoner in Wester Auchleuchries, 
John Blak there and George Smythe there. Cautioner James Cumming in Bredmuire. 

14. Patrick Innes of Tibbertie v. Edward Adamsone at the Mylne of Tibbertie. 
Cautioner George Adamsone in Blairtoune. 

15. John Leslie of Balquhayne v. John Cromby in Fettirneir. Cautioner John 
Crombie in New Wester Edit. 

20. John Gordone of Tullachowdie v. Jeills Mukall, widow of Andrew Gordone in 
Davane of Logic, and Mr. John and George Gordone, his sons. Cautioner Thomas 
Gordone at the Mylne of Ardgicht. 

21. Thomas Gordoun, Sheriff depute of Abd. v. Hector Abircrombie of Wasthall. 
Cautioner Robert Dempster of Cuschnie. The names of Normond Leslie in Layche- 
muir and Symon Galloway in Fischerfurd of Tillimorgin occur in the entry. 

22. Henry Forbes, burgess of Abd. v. John Forbes of Petnacaddell. Cautioner Mr. 
Walter Forbes of Auchreddie. 

24. Sir Adam Gordone of Park, knight v. John Morgan in Glenbuiket. Cautioner 

Alexr. Irving of Ardgowes. 

276 



Judicial Enactments: Vol. HL, Contents 
1624. 

May 25. Loosing-s of Arrestments. Thomas Gordone of Grandone v. Wm. Fraser in 

Craigtoune. Cautioner Wm. Lumsdeane (signing Lumisdell) in Bachmunie. 

27. Adam Fraser, sometime of Finzeauche, Margaret Duff, his wife, and Wm. Fraser, 

their eldest son v. David Andersone, burgess of Abd. Cautioner Robert Keyth, 
burgess there. 

Renunciation and Discharge. This entry apparently refers to a wadset right 
over the lands of Eastoune of Cromar, held by George Dilgarno in Peitthill of Kin- 
mucks, which he now renounced in favor of Win. Gordone of Abirzeldie and Alexr. 
Gordone, Fear thereof. Dilgarno bound himself to obtain a judicial ratification from 
Janet Forbes, his wife. 

Renunciation and Discharge. Margaret Irving, wife of John Seatoune, 
appeirand of Disblair, renounced her rights to the Mylne of Logieruif in favor of Robert 
Seatoune, son of the late John Seatoune of Mowny. 

29. Loosing of Arrestment. William, Earl Marschell, as heritable proprietor of 

Kinnellar, and Thomas Lumisdeane, James Forbes and John Forbes, Wadsetters 
thereof v. James Keythe of Kinnady. Cautioner Wm. Forbes in Kinmundy. " Faill " 
cast upon the North east quarter of Kinnellar. 

June 7. Removing. Security for Rent, &c. David Torrie at Caismylne acknowledged 

certain indebtedness to his landlord, Thomas Johnestoune of Craig Dyce, for past due 
rent, in security of which and of the rent Crop 1624, he sold his stocking and crop to 
Johnestoune. He also granted himself removed from part of his occupation as at Whit- 
sunday, 1624, and bound himself to remove from the Mill at Whitsunday, 1625. 

16. Loosings of Arrestments. Alexr. Abircrombie of Birkinboig v. Mr. Andrew 

Logic, Minister at Rayne, and his tenants. Cautioner George Leslie, Indwellar in 
Abd. Peats in the " Bischope Moss callit the Cockmoss " in Rayne. 

July 3. Alexr. Gordone, Fear of Abirzeldie v. Alexr. Skeyne of that Ilk and his tenants of 

Tillenhilt, Auchmore and Tillebirlache. Cautioner John Forbes of Balnagask. Peats 
on the west and north-east sides of the Hill of Fair. 

George Pecok, Appothekar in Abd. v. Margaret Gordone, widow of Michaell 
Clerk in Craighall and Robert Johnstoun, her husband. Cautioner John Watsone in 
Lytill Gowell. 

5. Andrew Knowis of Beildsyd v. Wm. Irving of Murthill. Cautioner Andrew Craig, 

Cordoner in Newtoun of Murthill. Peats on the wast pairt of Beildsyd. 

15. Mr. Wm. Broune, Minister at Invernochtie v. Janet Seatoune, widow of Mr. 
Wm. Robertsone, Minister at the Kirk of Tarlane and Migvie. Cautioner Mr. Andrew 
Gray, Minister at Coull. 

16. John Irving of Attamphart v. John Forbes of Tulloche. Cautioner John Forbes, 
younger, burgess of Abd. Peats, &c., on the " eist syd of the Mosses of the Haltoune 
and Craigtoune." 

277 



Aberdeenshire Sheriff Court: 

1624. 

July 20. Loosings of Arrestments. John Leyth of Quhythauche v. Alexr. Gordoun of 

Dunkemptie and his tenants of New Leslie and Boigis, and John Leslie of Leslie and 
his tenants of the Barony of Leslie. Cautioner Adam Gordoun in Spynie, who sub- 
mitted himself to the jurisdiction of the SheriffJom of Abd. Peats on parts of 
Courtestoun and Drumgowan. 

John and William Raye, as executors of John Raye, burgess of Abd., and their 
Tutors and Curators v. Robert Hall in Kirktoune of Skeyne. Cautioner James Thome, 
elder, in Kirktoune of Skeyne. Money in the hands of Mr. Gilbert Keythe, Minister 
at Skeyne. 

16. Simon, Lord Fraser of Lovat v. James Gordoun of Knockaspack. Cautioner 

George Chalmer of Noth. The rents of the tenants of Kirktoune of Tyrie. 

21. Revocation by Widow. Isobel Bodie, widow of Alexr. Fraser, portioner of 

Memsie, stating that she had been compelled by her late husband to do so, revoked a 
renunciation which she had made in favor of her son, Alexr. Fraser, of her sunny third 
part of Memsie. 

Loosings of Arrestments. Alex. P'raser, portioner of Memsie v. Isobel Body, 
widow of Alexr. Fraser, portioner of Memsie, his mother. Cautioner Wm. Fraser in 
Memsie. 

27. Alexr. Fraser of Boigheidis, Chamerlane to William, Earl Mershell v. James 
Mowat of Ardo and tenants of Keir and Suttarhill. Cautioner Patrick Farquhar, 
burgess of Abd. Peats in the Moss of Liddauche. 

28. Archibald Farquhar in Ramstaine, Alexr. Mealling and Gilbert Touche in 
Craigerne v. John Crombie in Glenheid. Cautioner Andrew Elmslay in Aillhous Wall. 

29. Thomas Gordone of Litle Gowill v. Gilbert Bartlelye in Monkeigie. Cautioner 
Mr. Wm. Seatoune of Thornetoune. 

30. Renunciation and Discharge. Janet Gordone, widow of Patrick Gordone of 
Halheid, renounced her rights to Halheid in favor of George Gordone, her eldest son. 
She reserved the liferent of the Altoune Croft. 

Augt. 6. Loosings of Arrestments. John Leyth of Monthgeriauche v. Wm. Philip in 

Mylne of Pittfoddellis. Cautioner John Willis, Laxfisher in Abd. Peats, &c., cast by 
Philip in the moss " callit the Banermane Suaill " alleged to belong to Leyth. 

7. Wm. Wilsone in Milbrex v. Patrick Gordone in Carngall. Cautioner Normand 

Arbuthnot, burgess of Abd. 

ii. John Gordone of Rothmeis v. George Cruikshank in Bainesholl. Cautioner Alexr. 

Cruikshank, elder, burgess of Abd. 

13. Mr. Wm. Forbes of Craigiewarr v. Arthur Forbes, younger, of Brux and his 

tenants. Cautioner Wm. Russell, Webster, burgess of Abd. Peats, &c., " within the 
bounds of the Hill of Craigiebeg upone that pairt thairof callit the Saidill of Mack- 
christer." 

278 



Judicial Enactments: Vol. HI, Contents 

1624. 

Augt. 1 8. Loosing of Arrestment. George Robertsone, as executor of Elspet Mackie v. 
Wm. Anguis in Blackball. Cautioner Normand Leslie of Quhythauche. 

28. Removing. David Torrie in Caismilne bound himself to remove from Caismilne 

in favor of Thomas Johnstoune of Craig of Dyce, and ratified the former Act of Court 
of 7 June. \Stipra p. 277.] 

Septr. 7. Loosings of Arrestments. James Cheyne of Arnage v. Andrew Beanis in 

Pettimuck. Cautioner Alexr. Murray in Tilleeve. 

1 6. John Leyth of Quhythauche v. Thomas Kay in Rubislaw. Cautioner George 

Johnstoune, younger, burgess of Abd. 

18. Wm. Gordone of Tulloche, pupil, and Sir Alexr. Gordone of Cluny and Sir Adam 

Gordone of Peark, knights v. Patrick Reid in Cornabo and his servants. Cautioner 
Wm. Forbes of Monymusk. The crop sown by Reid upon the alleged commonly of 
Tulloche. 

20. John Milne at the Milne of Uennend v. Alexr. Cowper at the Milne of Bruxie. 
Cautioner George Frensche, Cordoner, burgess of Abd. 

24. Wm. Reid in Tarlen -v. James Coutts in Tailzie in Cromar. Cautioner Alexr. 

Coutis, "servitor domestick to Sir Alexr. Gordone of Cluny." 

27. Thomas Fraser of Strechin v. James Irvine of Wester Tyrie and his tenants. 

Cautioner Alexr. Buchan of Auchmacoy. The crop sown upon the part of " Eister 
Tyrie one the north side of the burne that runneth from the bog callit Bogrothnie." 

30. James Coutis in Tailzie of Cromar v. Wm. Reid in Tarlen. Cautioner Wm. 

Couper, Litster, burgess of Abd. 

Octr. 5. Discharge of Wadset and Ratification. Mr. Thomas Gairdyne, Parsone of 
Tarves, and Violet Layng, his wife, in respect of a payment of 4000 merks, renounced 
their rights to Myltoune of Udny and others in favor of Wm. Seatoune of Udny. 

7. Sheriff Clerkship. Gift of Office. Mr. George Andersone, son of Mr. William 

Andersone, the Sheriff Clerk, presented a gift of the office by Lord Huntly as heritable 
Sheriff to him, reserving his father's liferent. The deed of gift was dated at Huntly on 
7 September preceding. Mr. George Andersone was thereupon appointed by his father 
to be his " immediat deput," and accepted office and was sworn in. 

13. Loosings of Arrestments. Alexr. Forbes in Elgein v. Wm. Browne in Newtyll 

of Pettgerso. Cautioner George Gordone, indwellar and " Apill sellar " in Abd. 

12. Wm. Young, Tailzeor in Abd. v. Matthew Alshunder in Turref. Cautioner Alexr. 

Ogstoune, Bailzie in Turref. 

21. Helen Fyf in Abd. v. John Wylly, younger, in Hospital!. Cautioner James 
Skedoway at Powayis brig in Auld Abd. 

30. George Riccard, burgess of Abd. v. Thomas Smyth in Langseit in Balhelwie. 

Cautioner Patrick Forsyth in Keir. 

279 



Aberdeenshire Sheriff Court: 

1624. 

Novr. 3. Judicial Obligation. Alexr. Murray in Jakistoun of Balquholly bound himself 
to pay 8 to Patrick Meinzeis, burgess of Abd. 

4. Loosings of Arrestments. John Trowpe in Gilcomstoune v. Mr. John Reid- 

furd, Minister at Forglen. Cautioner Gilbert Layng, Fermorar in Abd. 

6. Wm. Forbes of Knappernay v. Wm. Ironsyd in Tillegrig. Cautioner Patrick 

Sangster, occupier of 12 oxengait of Cowlie. 

13. Tutory. Andrew Fraser of Stainnywood presented gift, under the Quarter Seal, 

of the Tutory of Jeane Barclay, pupil daughter of the late Patrick Barclaye, Fear of 
Tollie, dated 25 August preceding. Cautioner John Fraser of Clintertie. 

1 6. Loosings of Arrestments. Andrew Gordone of Pittimarqueis and Barbara 
Gordone, his wife v. George Gordone in Boigheidis. Cautioner Mr. Robert Elphings- 
toun of Kinbrume. 

17. John Midiltoune in Litle Finrasie v. Thomas Traill in Monecht. Cautioner Alexr. 
Blackball, portioner of Finrasies. 

19. William and George Gordone, elder and younger of Terpersie v. Wm. Fraser, 
lawful son of the late Adam Fraser of Fingzeauche. Cautioner John Leslie of Endurno. 

20. Discharge of Wadset and Ratification. In consideration of 4000 merks paid 
to them by John Turing of Fouerane, Patrick Jak, elder, Litster, burgess of Abd., 
Katherine Litster, his wife, and Patrick Jak, younger, their son, declared to be redeemed 
from them 16 oxengait of the lands of Drumes in the Barony of Fouerane. 

Deer. 10. Discharge of Wadset. (Two entries). Alexander Keyth in Newbruche, as 

assignee of Andrew Gray at the Milne of Fouerane, in consideration of 3000 merks 
paid to him by James Gray of Schives, declared to be redeemed from him the " Shadow 
half landis of the Maines of Schives " and a croft adjacent thereto, in the parish of 
Tarves. 

Loosings of Arrestments. Andrew Gordone in [? of] Pettiemarqueis v. George 
Gordone in Boigheid and George Gordone in Skalmuire. Cautioner George Bruce, 
Saidler, burgess of Abd. 

30. Wm. Fentone of Meldrum v. Wm. Scortchak in Fochill. Cautioner Andrew 
Harper, burgess of Abd. 

31. John Bainzie at the Scotismilne v. Mr. Archibald Rait, Minister at Kintoir. 
Cautioner John Chalmer, Merchand, burgess of Abd. 

1625. 

Jany. 7. Tutory. Mr. James Elphinstoune of Barnes presented gift, under the Quarter 

Seal, of the Tutory of James and Alexander Elphinstoune, lawful children of the late 
John Elphinstoune of Warthill, dated 13 January, 1624. Cautioner John Forbes of 
Brux, who did not appear and sign the entry according to the usual fashion of the time, 
instead of which a Bond by him was presented and is recorded ad longutn as part of the 
Act of Court. 

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Judicial Enactments: Vol. EL, Contents 
1625. 

Jany. 12. Loosing 1 of Arrestment. David Skeyne in Potermylnes v. Thomas Robertsone 

in Glencuthill. Cautioner George Baird of Auchmedden. 

Discharge of Wadset and Ratification. Janet Strathauchin, wife of Alexr. 
Gardyne sometime of Banchorie, and her husband acknowledged to have received from 
Wm. Forbes of Monymusk 5000 merks as the first term's payment of 20,000 merks con- 
tained in a wadset over the half Barony of Torry. A separate discharge had been 
granted on 26 July, 1624, which was here confirmed and ratified. 

Feby. 4. Loosing of Arrestment. The Procurator Fiscal Mr. Win. Barclay, and Thomas 

Gordone of Litill Gowell, for his interest v. Janet Ritchie and Alexr. Cheyne in Dyce, 
her husband. Cautioner John Kemptie at the Mylne of Dyce, burgess of Abd. 

March 2. Birth Brieve. Gilbert Leslie and George Steuart, burgesses of Abd., and 

Messrs. George Andersone and Alexr. Paip, Advocates there, deponed to the birth 
and parentage of Robert Andersone, burgess there. 

7. Loosings of Arrestments. Wm. and George Shorret in Dowry, John Gordone 

of Pitlurge and Alexr. Shorret there v. James Petindreich in Dowry of Kinmundy. 
Cautioner Andrew Mylue, Armorar, burgess of Abd. 

12. John Erskeyne of Balhagardy and Patrick Reid in Smydiehill, as Chamerlans to 

John, Earl of Marr, and also Margaret Ingrahame, widow of John Fyf in Migvie v. 
Wm. Reid in Kinnady. Cautioner Mr. Alexr. Reid, Advocat in Abd. 

18. Alexander Chalmer, Deane of Gild of Abd. v. David Symsone, Saidler, burgess 

there. Cautioner Patrick Blak, Saidler, burgess there. 

April 7. Renunciation and Discharge. The granters here were Jean Andersone, wife 

of Mr. Alexr. Paip, Advocat in Abd. , and the said Mr. Alexr. Paip. The consideration 
money was " ane crowne of gold " paid by Mr. Wm. Andersone, Mrs. Paip's father, in 
whose favor the act was conceived. It would rather appear from the entry that the rigs 
or crofts of land dealt with had previously belonged to John Andersone, burgess, whose 
widow, Anapill Chalmer, was still entitled to a liferent of them. 

9. Theft. James Gordoune in Litill Auchredy v. Andrew Allathin in Mekill Auch- 

redy and Janet Fentoune, his wife, and Wm. Aidie in Allathine and Dorathiane 
Macklenane, his wife. Cautioner Mr. Walter Forbes of Auchreddie. 

20. Loosings of Arrestments. John Leslie of Wardes v. Wm. Leslie at the Milne 

of Insche. Cautioner Andrew Forbes of Newhillis. 

May 7. Mr. Robert Forbes, proprietor of the shadow third part of Miltoune of Fynnersie 

v. Patrick Forbes there. Cautioner Nicoll Ross, Cordoner, burgess of Abd. 

IO. John Lcithe of Quhythauche i>. Alexr. Mitschell in Johnestoune. Cautioner Wm. 

Hog, Mailman, burgess of Abd. 

23. James Ogiluy of Auchlewchries v. Wm. Stewart at the Mylne of Auchlewchries. 

Cautioner John Stewart at the Mylne of Ludquharne. 

NN 281 



Aberdeenshire Sheriff Court: 
1625. 

May 28. Loosings of Arrestments. John Urquhart of Craigfintry, Wm. Setoune of 

Schethine, John Setoune of Auchquhorthies and Mr. George Setoune of Barra v. 
Robert Barnet in Collihill in the parish of Bourtie. Cautioner Wm. Moir in Ferrihill, 
burgess of Abd. 

31. Wm. Forbes of Pitgerso v. Alexander Aiken there. Cautioner John Moir, Gardner, 

indweller in Abd. 

June I. Dame Margaret Banermane and Sir Wm. Keyth of Balmuir, knight v. James 

Hendersone in Kirktoune of Methlik. Cautioner John Hay in Wodheid. 

Alexr. Leslie of Auchquhorsk v. Walter Farquhar there. Cautioner Wm. Garvak 
in Quhytcorse. 

Thomas Cromby of Kemnay v. Andrew Elmslie in Aillhouswall. Cautioners 
George Elmslie, occupier of 8 oxengait of Harthillis, and Walter Farquhar, occupier of 
12 oxengait of Auchquorsk. 

4. Discharge of Wadset. In respect of a payment of 4000 merks to them by James 

Gray of Schiwes, Andrew Wood at the Mill of Ardo and Patrick Wood in Quhilkakis, 
his son, declared to be redeemed the lands of Quhilkakis and Kilmathillie in the Barony 
of Schiwes. 

6. Loosing of Arrestment. Alexr. Strauchin of Glenkindy v. Wm. Cowper at the 

Mylne of Auchnagat. Cautioner Wm. Douglas, burgess of Abd. and Porter of the New 
Colledge of Abd. 

8. Renunciation and Discharge. James Smyth at the Milne of Rothiebirsben for 
himself, and taking the burden on him for Isobel Layng, his mother, acknowledged to 
have received from Wm. Leslie of Litill Warthill 1000 merks, borrowed by him on 6 
October, 1611, from the late William Smyth, the father of James Smyth and husband of 
Isobel Layng. The fourth part lands of Litill Warthill were declared to be redeemed. 

9. Loosings of Arrestments. Jaspert Cuischnie, Merchand v. Cristane Coutis, 
widow of David Gray in Lin. Cautioner James Gray in Lin. George Gordon of 
Terpersie was due 400 merks to the widow, and this sum with the interest of it had 
been arrested. 

10. Marjory Stewin, widow of Robert Hunter in Brumehill, and Wm. Duncan at the 

Milne of Kincardin, her husband v. John Hunter, lawful son of the said Robert Hunter. 
200 merks and interest in the hands of John Duguid, portioner of Ruthvens. 

Judicial Ratification. Agnes Erskyne, wife of Wm, Forbes of Barnes, consented 
to and ratified the alienation and wadset of the lands of " Rudderstoune with the 
salmon fisching adjacent thairto on the water of Die " and others, made by her husband 
and her in favor of John Alexander, burgess of Abd., and Robert, John and William 
Alexander, his children. 

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Judicial Enactments: Vol. HI., Contents 

1625. 

June II. Judicial Ratification. Isobel Leslie, wife of Sir Alexander Hay of Delgatie, 

knight, consented to and ratified the alienation and wadset of one half of the lands of 
Sandend in the parish of Crowdan, made by her husband and her to Thomas Hay in 
Graystaine and Jeane Reid, his wife, and of the other half of Sandend made by them 
to the said Thomas Hay and John, Isobel and Barbara Hay, his children. 

13. Loosing of Arrestment. Wm. Bruce, lawful son of John Bruce of Grayes- 

Fortrie z>. John Gordoun in Scheallis. Cautioner John Gordoun in Airdoch. The 
creditor's claim was for the rent of the third part of the town and lands of Chappeltoun. 

Judicial Ratification. Isobel Leslie, wife of Sir Alexr. Hay of Delgatie, knight, 
consented to and ratified a deed by which her husband burdened his lands of Arden- 
draucht, &c., with an annual charge of 1000 merks payable to the Provost, &c., of 
Abd., for the maintenance of a professor of Mathematics within the New Colledge of 
Abd. The capital sum borrowed by Sir Alexander was 10,000 merks. 1 

Renunciation and Discharge. Katherine Skeyne, wife of Arthur Forbes of 
Milbigging, renounced in favor of John Forbes of Leslie all her rights in the lands of 
Auchlevin, Milbigging and Pilmyre, in the parish of Premnay. 

16. Judicial Ratification. Katherine Forbes, " Laydie Rothemaij," wife of Wm. 

Gordone of Rothemay, ratified the Disposition by her husband and herself in favor of 
Mr. Wm. Gordone of Tilliegreig, in liferent, and Alexander Gordone, his son, in fee, 
of Cairnborray, Belnacraige, Balnaboth and Gairbrak with the pendicles called the 
Muck, Brounehill, Blakhill, Cairnemoir and Westfauld and others in the Lordship of 
Huntly, and also a Disposition in favor of the said Alexr. Gordone and Hellen Cowtis, 
his wife, of the lands of Broidlandis with the pendicles called Bogfoirth and Kairne- 
fuird, also in the Lordship of Huntly. The entry contains the statement that the lady 
had received or accepted the liferent of Mains of Rothemaii in recompense. Wm. 
Gordone signed " Rothimay." 

Renunciation and Discharge. Katherine Forbes, " Laydie Rothemaij," by 
this act renounced her rights to the lands of Towie in Clatt, in favor of Arthur, Lord 
Forbes, her brother, and Alexander, Maister of Forbes, his son. She had received a 
conveyance of these lands from her late father, John, Lord Forbes, under reversion of 
8000 merks, which sum or an equivalent therefor it may be assumed that she now re- 
ceived. 

1 8. Renunciation and Discharge. Marjorie Fergussone, wife of John Forbes of 

Balnagask, renounced her rights to the lands of Fintray callit Haltoune of Fintray, 
Cowstaines, Boigis and Newlandis and also Wester Fintray, Langcruik and Sewarcruik, 
fishings on the Don, &c., in favor of Mr. Wm. Forbes of Craigiewar and Wm. Forbes, 
his eldest son. 

I. Vide Records of Marischal College, P. J. Anderson, Vol. I., p. 143 et seq. 

283 



Aberdeenshire Sheriff Court : 

1625. 

June 1 8. Judicial Ratification. Margaret Strachane, wife of John Leslie, elder, of 

Flinderis, and Margaret Forbes, wife of Patrick Leslie, Fear of Flinderis, ratified a 
Disposition, Grant of Redemption, and Renunciation made by their husbands of this 
date in favor of John Leslie of Wardes. The lands dealt with were the lands of 
Duncanstoune excepting the privilege of " fewall and moss leive furth of the mosses of 
Duncanstoune " to Auld and New Flinderis. 

28. Loosings of Arrestments. Nicol Ross of Auchlosin, Margaret Kynnaird, widow 
of Patrick Ross, Fear of Auchlosin, and Robert Ross of Ililtoune v. John Chalmer of 
Belnacraige and Alexr. Chalmer, Fear thereof. Cautioner Patrick Fergusone, Merchand, 
burgess of Abel. " Cloclis turves fewall feall and dovat " within the alleged bounds of 
Newtoune, Carnebadic and I liltoune. 

29. Alexr. Moir in Chappelloun of Eslmound v. Wm. Birnie at Milne of Annachie. 
Cautioner James Murdoch in Barrak. 

July 2. Patrick Henclersone, Wobster in Cairnefield v. John Clerk, servitor to George 

Symsone in Ilaltoune of Behelvies. Cautioner Andrew Milne there. 

Alexr. Gordone, Fear of Abirzeldie v. Alexr. Skeyne of that Ilk and his tenants of 
Tulliehill and Auchmoir. Cautioner Duncan Forbes of Camphell. A dispute about 
the north-west parts of the Hill of Fair in the parish of Kinairnie. 

14. John Leslie of Wardes v. John and Patrick Leslie of Auld and New Flinderis. 

Cautioner George Leslie sometime of Booges. Peats in the Moss of Duncanstoune. 
[ Vide supra 18 June.] 

Augt. i. Renunciation by Widow. Margaret Smyth, widow of Alexr. Milne, Boat 

Wricht, burgess of Abd., revoked all deeds done by her at her husband's command to 
her prejudice and specially a Bond to Wm. Gordoun, burgess of Abd., for 500 merks. 

3. Loosings of Arrestments. Andrew Chessor in Auchtidonald v. Edward Chessor 

in Gullie. Cautioners James Johneston in Quhytcarnes in the parish of Deir and Wm. 
Jamesone at the Mylne of Baithleme. 

5. Wm. Irving of Beltie v. Adam Smyth in the Hill of Beltie. Cautioner James 

Clerk, burgess of Abd. 

12. Tutory. Mr. Patrick Chalmer, indwellar in Banffe, presented gift dated 26 July 

preceding, appointing him Tutor to Helen and Isobel Brockie, daughters of Alexr. 
Brockie in Bachlaw and to Margaret and Elizabeth Brokie, daughters of George Brockie 
in Tarlair. Cautioner John Seattone, burgess of Abd. 

31. Loosing of Arrestment. Robert Forbes of Eight v. Alexr. Smyth in Dammes 

of Cullarlie. Cautioner Mr. Gilbert Ross in Quhobbis. 

Sept. 3. Renunciation and Discharge. Marjorie Cheyne, wife of John Leslie, elder, of 

Petcaple, renounced all her rights in the lands of Auld Craig, Kirktoun of Daviot and 
others in favor of John Urquhart of Craigfintrie in liferent, and on his death to James 
Urquhart, his youngest son, and failing him to a long line of heirs. 

284 



Judicial Enactments: Vol. EL, Contents 

1625. 

Sept. 5. Loosings of Arrestments. George Wood in Glaskoforrest v. Thomas Chessor 

there. Cautioner Hector Smythe, burgess of Abd. 

9. Janet Ray and Patrick Gordone of Gordones Mylne, her husband v. James Brow 

in Scotistoune. Cautioner Thomas Gordone of Grandon. 

10. John Leithe of Counteswalls and Alexr. Smythe at the Milne of Brotherfeild v. Wm. 

Clerk sometime in Auchlie then in Kingiswallis. Cautioner Patrick Mengzcs, burgess 
of Abd. Leithe had a claim for the rent of Auchlie and Smythe for abstracted multures. 

Alexr. Burnet, son of the late Alexr. Burnet of Craigour and John Burnet of Westir 
Cluny v. Thomas Burnet of Campbell and his tenants. Cautioner Andrew Burnet in 
Craigour. A boundary dispute. 

Katherine Irving, widow of James Burnet of Easter Clunie v. Andrew Burnet in 
Craigour and John Duncane there. 

14. Renunciation of Succession. Andrew Fraser, son of the late Walter Fraser 

sometime in Frasersburche, renounced all right to succeed to his father's estate. 

17. Loosings of Arrestments. John Forbes, second son of Arthur, Lord Forbes 

v. Sir John Leslie of Wardes, knight, and others. Cautioner Wm. Abircromby in 
Midtoune of Durno. The crop sown on the lands of " Glentoune on the east and 
north sydis of the burne callit the Glenburne or Longdiralburne." 

21. Wm. Smyth in Buquhanstoun v. Alexr. Smyth in Dayis. Cautioner Patrick 

Forbes, occupier of 4 oxengait at the Brig of Die. 

Wm. Smyth in Buchanstoun v. John Leslie, Cordoner in Cupidaill. Cautioner 
Alexr. Smyth in Dayis. 

John Leslie of Wardes and Wm. Leslie in Ryhill v. Andrew Harper in Scaltcraiges. 
Cautioner Robert Abircromby at Milne of Petmedden. 

26. Patrick Leythe of Kirktoun of Raine v. Archibald Raitt, portioner of Lentusche. 

Cautioner Thomas Forbes, Writtar, burgess of Abd. 

Patrick Meinzes, burgess of Abd. v. Thomas Watsoun, burgess there. Cautioner 
Alexr. Brabner, burgess there. 

29. Wm. Innes in Newburghe v. Wm. Thomsone sometime there and then at Milne 

of Manye. Cautioner Robert Thomsone, Tailzeor, burgess of Abd. 

Octr. 4. Renunciation of Succession. Wm. Keyth of Spittall, son of the late Andrew 

Keyth sometime of Spittall, renounced all right to succeed to his father's estate. 

5. Loosing of Arrestment. Archibald Beidie, principal tacksman of Milne of Syd 

v. James Fergussone sometime in Segieden then in Drumgowane. Cautioner Win. 
Hoig, Maltman, burgess of Abd. 

285 



Aberdeenshirc Sheriff Court: 

1625. 

Octr. 7. Conveyance of Crop and Stocking in Payment of Rent. Walter Blak in 
Newburghe acknowledged that he owed rent to Baillie William Graye of Abd., his 
landlord, for his land at Newburghe, in payment of which he sold to Graye "threttie 
thrie threavis bear and fourtein threavis aittis Togidder with tua horss ane thairof [?] 
seir of sevin yeiris old, and the uther brown of ten yeiris or thairby, Togidder with the 
haill insicht and plenisching within his hous." The brown horse alone was delivered at 
the time. 

1 8. Loosings of Arrestments. Sir John Leslie of Wardes, " Knicht Baronat " v. 

John Gellen, younger and elder, in Easter Glentoun. Cautioner John Garioche of 
Badiven. 

21. Wm. Graye in Culsche v. Alexr. Troupe, servitor to James Reid of Mid Clova. 
Cautioner Richard Irving, indwellar in Abd. 

22. Robert Alexander, burgess of Abd. v. Robert Innes, Merchand, burgess there. 
Cautioner Nicolas Innes, Merchand, burgess there. 

30. John Slot, Flescher in Abd. v. Thomas Dempster, Flescher, burgess there. 

Cautioner Baillie Alexr. Jaffray. 

Novr. 16. James Tailzeor in Kinmuckis and John Fiddes in Pettodrie v. George Dalgarno in 

Peithill of Kinmuckis. Cautioner Wm. Dalgarno of that Ilk. 

17. Removing. Abraham Abircrombie in Thriefeidle renounced the possession of 

Bonnytoune, of which his deceased wife, Helen Leyth, had been liferentrix, in favor of 
George Leythe, his son-in-law, and John Leythe of Quhythauch, his curator. 

Renunciation and Discharge. Katherine Troupe, wife of Lawrence Gray at 
the Mylne of Mondurno, renounced in favor of Andrew Gray, their eldest son, and 
Beatrix Strauchin, his future wife, a tenement and croft in Old Abd. " betuixt the land 
of Mr. Wm. Lumisdeane on the South the burne callit Powyes burne on the North the 
Bruimehill on the West and the Kingis commone gait on the East." 

Tutory. William Barclaye of Ardley, only brother german to umquhill Patrick 
Barclaye, Fear of Tollie, presented a gift under the great seal, dated 16 July, 1625, of 
the Tutory of Walter Barclaye, eldest son and apparent heir of the said Patrick 
Barclaye. Having accepted office he found James Gordoun of the Newtoun of Garioche 
as his cautioner. 

Deer. 5. Loosings of Arrestments. John Ogstoun, Reader in Frasersburghe v. John 

Ogistoun in Maynes of Feddret. Cautioner James Birnie in Tarvis. 

8. John Keythe in Auchquhorsk and Robert Forbes in Tartowie v. Wm. Smythe in 

Fornet. Cautioner John Watsone in Litill Gowell. 

19. Mr. Alexr. Irving of Hiltoun v. Walter Skeddowaye, burgess of Abd. Cautioner 

James Tailzeor, burgess there. 

286 



Judicial Enactments: Vol. EL, Contents 

1625. 

Deer. 20. Loosing-s of Arrestraents. John Touche, son of Marjorie Barbor, widow of 

John Touche, burgess of Abd. v. the said Marjorie Barbor. Cautioner Robert 
Blenschell, indwellar in Auld Abd. 

29. Arthur Knycht in Barraldykes v. Wm. Thomesone in Kirktoun of Raine. 

Cautioner Mr. Robert Milne, burgess of Abd. 

Renunciation of Succession. Thomas Milne, eldest lawful son of the late 
Alexr. Milne, Boat Wright, Frieman in Abd., appeared along with Mr. James Irving, 
Advocate in Abd., his Curator, and renounced all right of succession to his father's 
estate. 

1626. 

Jany. 17. Renunciation and Discharge. Janet Innes, "Lady Balquhyn," wife of John 

Leslie of Balquhyn, by this act renounced and discharged in favor of John Leslie of 
Petcaple and Marjorie Cheyn, his wife, her rights to certain lands fully detailed in the 
entry. These included Petbie, Knokallochie, Auchorthies and others. Sir Alexr. Hay 
of Delgatie signed the Act of Court as a consenting party. 

28. Loosings of Arrestments. Jean Ryllie, daughter of the late John Ryllie in 

Abd. and Nicolas Innes, burgess of Abd. v. David Reid and Elspet Jamesone, his wife. 
Cautioner Patrick Meinzies, burgess of Abd. 

Feby. 2. James Thomsone in Migvie v. Duncan Name in Knoksoul. Cautioner John 
Calder (signing " Caddell ") of Migvie. 

11. Donald Stewart in Lynbeg v. Mr. Alexr. Ferries, Minister at Crathie and John 
Ferries in Tullich. Cautioner Thomas Ley, burgess of Abd. The arrestment had 
been laid on the effects of the late James Ferries, sometime in Tullich. 

12. Walter Ross in Dilsak v. James Malcolme in Woodend of Birss. Cautioner 
Robert Milne, Merchand, burgess of Abd. 

25. Patrick Meinzies, burgess of Abd. v. Andrew Aquhaith, Fermorer in Abd. 

Cautioner James Leslie, burgess there. 

Mar. ii. Mr. James Forbes of Hawchtoun v. Wm. Thomsone there. Cautioner Wm. 

Blak at the Milne of Finzeauch. 

14. Spuilzie. The Procurator Fiscal and Margaret Blakburne, wife of Mr. Andrew 

Aidie v. James Crystie, Deacon of the Tailzeoris of the Burgh of Abd., John Milne, 
Alexr. Ritchie, Wm. Younge, Wm. Andersone and Robert Wobster, all Tailzeores, 
friemen of Abd. Cautioner Thomas Gardyne, Tailzeor, burgess of Abd. Crystie and 
the others were charged with the alleged "away taking of ane halfe of ane parragon 
gown tua silver cowpes thrie spoones ane stick of pearling ane scheir ane outcutting 
iron west stuff & dyveris uther moweables " from Mrs. Aidie. 

1 8. Loosing of Arrestment. John Gordon of Tullaquhowdie v. Alexr. Davvid- 

sone, sometime in Dawan, then in Pettyoit. Cautioner Thomas Burnet, Fiar of 
Kilduthie. The claim appears to have been for rents of Dawan and Ordie. 

287 



Aberdeenshire Sheriff Court : 

1626. 

Mar. 21. Loosings of Arrestraents. Mr. Wm. Davidsone, Parsone at Raithin v. Isobel 

Davidsone, widow of John Will, burgess of Abd. Cautioner Alexr. Guthrie, Merchand, 
burgess there. 

May 8. John Forbes of Leslie v. Wm. Davie in Chappeltoun of Leslie. Cautioner David 

Craig in Crystiskirk of Rothmurriall. 

20. Alexr. Smythe of Rora v. Thomas Cumyng in Maynes of Drumbreck. Cautioner 

Andrew Milne, Armorer, burgess of Abd. 

24. Wm. Forbes of Tolquhone v. Wm. Webster in Blakstockes. Cautioner John 

Banerman in Collynie. 

27. Assault Blood-drawing. The Sheriff and David Craig in Clochmoir v. Wm. 

Knowes at the Milne of Clyntertie. Cautioner John Forbes of Balnagask. 

29. Loosings of Arrestments. Alexr. Fraser of Parkak v. Alexr. Crowdan in 

Skaillmuir. Cautioner Wm. Keythe, servitor to Sir Wm. Keythe of Lodquharne, 
knight. " Nyn auld sheip aucht lambes ane lyart mair with ane broun foill ane blak 
staig tua kyne and thair followeris and tua steiris " belonging to Crowdan. 

31. Sir Adam Gordoun of Park, knight v. Thomas Connand and James Roye, some- 

time in Beltimoir and then in Tornichelt. Cautioner Andrew Huid in Gaauche. 

Discharge of Wadset. John Alexander, burgess of Abd., in respect of a pay- 
ment of 5000 merks by Wm. Forbes of Barnes, declared to be redeemed " the toun and 
lands of Rudderstoun with the salmone fishing adjacent thairto on the water of Die," &c. 

June 2. Loosing of Arrestment. Wm. Seattoun of Udny v. James Russell in Meikle 

Coklay. Cautioner Wm. Keylhe, servitor to Sir Win. Keythe of Lodquharne, knight. 

Tutory. Robert Johnestoun of [? in] Craighall of Fechill accepted office as Tutor 
to Alexander, George, Margaret and Helen Johnestoun, children of the late John 
Johnestoun in Inverrurie. Cautioner John Arbuthnot, younger of Carnegall. 

Discharge of Wadset. Isobel Rayer, wife of Alexr. Murray, burgess of Abd., 
with his consent, declared that the sunny fourth part of the lands of Chappeltoun of 
Essilmonth had been redeemed by Patrick Hepburn of Ferriehill and George Bruce, 
Saidler, burgess of Abd. 

Loosings of Arrestments. Alexr. Forbes at the Milne of Tollie v, Robert 
Johnestoun in Craighall of Fechill. Cautioner John Arbuthnot, younger of Carngall. 
Forbes was claiming 500 merks from Johnestoun. 

3. Wm. Ingrahame in Quhytcarnes v. James Keir in Kynmundie. Cautioner Thomas 

Clerk in Auld Overtoun of Belhelvies. 

Thomas Gordoun of Grandone v . Robert Joiss in Leuchlands. Cautioner James 
Cassie in Quhytstrypes. 

288 



Judicial Enactments: Vol. EOL, Contents 

1626. 

June 3. Birth Brieve. Wm. Leask of that Ilk, Mr. Patrick Gordoun of Bracka, Wra. 

Gordoun, his brother german, and George Leask, lawful son of Mr. James Leask, 
Minister at Cushnie, being examined on oath before the Sheriff depute, deponed " that 
Peter Leask now burges in Tarnowa within the dominioun of Poill is lawfull sone to 
umquhll Ilenrie Leask in Craighall and Margaret Hay his mother, borne in lawfull 
matrimonie of honest parents ex longa serie." 

Discharge of Wadset. Margaret Seattoun, wife of John Dowgaitt in Ruth- 
venis (who signed " Diuguid "), and Marjorie Forbes, wife of Robert Dowgaitt in 
Balnastreine (who signed " Duguid "), renounced any rights they might have in the 
lands of Ruthvenis and others in the parish of Logymar in favor of Sir Alexr. Irving, 
apparent of Drum, and Dame Magdalen Scrymgior, his wife. It would appear from 
the entry that the granter of the wadset right was Wm. Dowgaitt of Auchinhuiff, who 
had assigned his right of reversion to the Irvings. 

Renunciation. Marjorie Forbes, wife of Capitan John Forbes of Tulloche, 
renounced in favor of Wm. Dowgaitt of Auchinhuiff all rights she might have to Tilli- 
riache and Tullochevenus in the Barony of Cluny. 

7. Renunciation, Discharge, and Ratification. Isobel Gordoun, wife of Patrick 

Leythe of Licklieheid, renounced and discharged in favor of John Forbes of Leslie her 
right to Licklieheid in the parish of Premnay. Patrick Gordoun, elder, of Kyncraigie, 
also specially renounced his rights to some parts of Licklieheid and Auchlevin, also in 
favor of John Forbes of Leslie. 

13. Curatory. Helen Andersone, youngest lawful daughter of Mr. Wm. Andersone, 

the Sheriff Clerk, with his consent, chose as her curators Mr. Robert Gordoun of Stra- 
loche and Mr. James Irving, Advocate in Abd., who accepted office and gave their 
oaths defideli. 

17. Loosings of Arrestments. James Arbuthnot in Little Carnebeg, brother german 

of Sir Robert Arbuthnot of that Ilk v. Andrew Arbuthnot, brother of George Arbuth- 
not in Pitcarles. Cautioner the said George Arbuthnot. 

Henry Turing of Saak v. Wm. Andersone in Auld Glanderstoune. Cautioner 
James Andersone there. 

19. George Logic in Swaillend v. John Stevin in Parwynnies. Cautioner Richard 

Drum in Boigholl. 

Revocation of Deeds granted in Minority. James Leslie of Auchquhorties, 
stating himself to be in his 2ist year, in addition to a general revocation, specially 
revoked a cautionary obligation entered into for Walter Innes at the Mylne of Siggatt, 
which was being enforced by James Crichtoun of Frendraucht. 

July 7. Loosing of Arrestment. Mr. Thomas Davidson, Commissar Clerk of Abd. 

v. Mr. Thomas Gordoun of Kethokismilne. Cautioner Alexr. Hervie in Watertoun. 
Peats in the Moss of Areburne. 

00 289 



Aberdeenshire Sheriff Court: 

1626. 

July 12. Loosings of Arrestments. John and George Gordone, elder and younger of 

Tillachawdie v. Wm. Dowgaitt of Auchinhuif and Robert Stevin in Tillilair. Peats, 
&c., in the Moss of Tillachawdie. 

18. George Rickart, burgess of Abd. v. Alexr. Fergoussone in Knokhall and such other 

tenants there and of the lands of Newburghe as had leave from James Crichtoun of 
Frendracht to cast peats, &c. , in the Mosses of Fiddes and Auchnacant. Cautioner 
Mr. John Home of Balgownie. 

22. Lawborrows. John Ranye in the Milntoun of Cushnie v. John Glennie in Easter 

Powells. Cautioner John Davidsone in the Broune Hill of Toilmaids. 

25. Loosings of Arrestments. Sir James Gordoun, elder, of Lesmoir v. Alexr. 

Forbes of Petsligo and his tenants of Meikle Wardess. Cautioner Robert Forbes of 
Auldtoun Wardes. Peats in the Meikle Slak of Foudlein. 

Aujt. 17. Capitan John Forbes of Tulloche v. Robert Ferquharson of Cloak. Cautioner Mr. 

Alex. Jaffray, Bailie, burgess of Abd. Peats in the Mosses of Tulloche and Tilliriauche 
within the parish of Touche. 

24. Discharge of Marriage Portion. Marjorie Elphinstone, wife of Francis 

Fraser, second lawful son of Andrew Fraser, elder, of Staynniewood, acknowledged that 
the marriage portion of 10,000 merks secured to her by her late father, James, Lord of 
Balmerinoche, had been paid. She therefore discharged her brother, John, Lord of 
Balmerinoche and the heirs of her father and of the late Sir Alexr. Drumond of Medoip, 
knight, and renounced her rights under a Bond of Annualrent secured over the Lord- 
ship of Balmerinoche and Baronies of Rastarrig and Barntoun. 

31. Loosings of Arrestments. Robert Ferquharsone of Cloak v. Wm. Duguid of 

Auchinhuif. Cautioner Robert Stevin in Tillilair. 

Sept. I, Alexr. Irving of Murthill v. Alexr. Knowis at the Milne of Murthill, John Archibald 

in Miltoune of Murthill, David Archibald there and Alexr. Kay sometime there then in 
Bingzell of Murthill. Cautioner Thomas Murray, burgess of Abd. 

2. Alexr. Irving of Murthill v. Marjorie Meinzies, widow of Thomas Forbes of 

Schethockisley. Cautioner James Mowat of Ardo. 

6. Gilbert Jamesone in Auldmeldrum v. Walter Mair in Ililbrae. Cautioner James 

Setone of Petmedden. 

8. Mr. Robert Udny of Lammyngtoun and Henry Leslie in Woodheid v. Wm. Ray 

in Touches. Cautioner Gilbert Johnstoun of Pettiesmilne. 

Mr. Robert Udny of Lammyngtoun, Henry Leslie in Cowstaines and Andrew 
Bauerlay there v. Wm. Wood in Lairishill, John Symmer there and Robert Cruik- 
shank in Seattis. Cautioner Wm. Setoune of Disblair. 

14. James Elphingsloun of Glack v. John Black sometime in Glack then in Milntoun 

of Durno. Cautioner Wm. Abircrombie in Milntoun of Durno. 

290 



Judicial Enactments: Vol. HI., Contents 

1626. 

Sept. 20. Renunciation, Discharge and Ratification. Janet Gordoun, widow of Andrew 
Forbes, eldest lawful son of Alexr. Forbes of Boyndlie, and wife of John Gordoun of 
Drumbuilg, renounced in favor of Andrew Fraser, elder, of Staynniewood, all her 
rights to 16 oxengait, extending to two ploughs, of the lands and Mains of Kynmundie 
in the parish of Langsyd. A decree of the Court of Session of 29 July, 1626, was 
referred to. 

23. Loosings of Arrestments. James Cheyne of Arnadge v. Patrick Reid in 

Cornabo. Cautioner Mr. Alexr. Reid, burgess of Abd. Crop sown upon an " alledgit 
pairt of the lands of Balquhorsk callit the Warmestain [or Warniestain] thair." 

30. Alexr. Irving of Drum and Thomas Murray, burgess of Abd. v. Alexr. Kaye 
sometime in Milntoun of Murthill then in Beinzeill. Cautioner Walter Yuill in 
Beinzeill. 

Marjory Meinzies, liferentrix of Glasterberie v. Walter Yuill in Beinzeill. Cautioner 
Alexr. Kaye there. The crop " on the burnsyde of Eilstoun on the west syd of the 
samen on that pairt thairof callit the North Boig." 

Octr. 26. Tutory. Wm. Hoig of Gellan had a gift under the great seal dated 21 Septr, 

1626, of the Tutory of Thomas Forbes, younger lawful son of the late Thomas Forbes 
of Shethockisley. He now accepted office and found Robert Key the, burgess of Abd., 
as cautioner. 

Novr. 13. Loosings of Arrestments. John Jamesone in Tillienessel v. David Cowtes at 

the Miln of Innentuir. Cautioner Mr. Wm. Forbes of Cragiwar. 

15. Wm. Murcor, burgess of Abd. v, John Gordoun at Trowpsmiln. Cautioner Mr. 

Robert Bisset of Lessendrum. 

22. Mr. Wm. Forbes of Cragiewar v. Robert Ferquharson of Cloak. Cautioner 

Alexr. Erskyne of Petskurrie. 

Wm. Gordoun in Micras v. John Fraser there. Cautioner Robert Farquharsone 
of Cloak. 

25. John Ogiluie in Auld Govell v. Gilbert Johnestoun in Kynmundie. Cautioner 
Wm. Johnestoun, Wobster at the Milne of Kauell. 

1627. 

Jany. I. James Irving of Brucklaw v. David Tailzeor, Cowper, burgess of Abd. Cautioner 

John Innes, Cowper, burgess there. 

9. Mr. Robert Bisset of Lessendrum v. John Bisset in Staynniefeild. Cautioner John 

Hill in Meleinsyd. In this case the buildings on Staynniefeild and the whole wood 
work about them had been arrested. 

31. Dame Janet Elphingstoun, widow of Sir Patrick Barclay of Tollie, knight, and 
James Stewart of Ryland, her husband v. Wm. Barclay of Ardley, Tutor of Tollie and 
a number of tenants of Tollie. Cautioner Donald Urquhart, occupier of 16 oxengait of 
the lands of Fintraye. 

291 



Aberdeenshire Sheriff Court: 

1627. 

Feby. 6. Loosings of Arrestments. Wm. Trowp, younger, in Cultis v. Archibald 

Hervie, Cottar in Peildsyd. Cautioner Richard Watsone, burgess of Abd. 

15. Andrew Meldrum, burgess of Abd. v. John Williamstoun in Harlaw. Cautioner 

John Leslie, Fiar of Petcaippill. 

17. Andrew Nicolsone in Peterheid v. Andrew Muresone in Dennis. Cautioner Robert 

Muresone in Dennis of Craig of Enrugie [Inverugie]. 

Ross of Auchlossin, Mr. John Ross, Minister at Birss, and Wm. Ross at 
the Milne of Auchlossin v. James Scott in Wester Tulloche. Cautioner Patrick Scott, 
Notary Public. 

March 6. Receipt for Stent Roll. " Compeirit Robert Merser, Messenger and resauit 

from Mr. Wm. Andersone, Shref Clerk of Abd., the principall Stent Roll of my Lord 
Marqueis his wassallis of the Lands haldin of his Lo/ within the Shrefdome of Abd." 1 

19. Loosing of Arrestment. The Marquis of Huntlie z>. Patrick Lumsden in 

Pettulie. Cautioner James Skeddowaye, Wobster in Auld Abd. 

26. Renunciation of Succession. Robert Duguid, eldest son of the late Wm. 
Duguid in Waird of Slaines, renounced his succession to his father. He had been 
charged to enter as heir by Susanna ITaye, his father's widow, and David Jaffray, 
burgess of Abd., her husband. 

27. Removing. James Tempill in the Maynes of Schiethyn renounced his holding of 
the third part thereof in favor of Janet Cheyn, Ladye Schiethyn and Wm. Seattoun of 
Schiethyn, her husband. 

31. Loosings of Arrestments. Andrew Heruie in Waird of Kynmundie v. Isobel 

Moir, widow of Andrew Heruie sometime in Kynmundie. Cautioner Robert Johne- 
stoun in Middil Disblair. 

April 5. Robert Irwing of Fedret v. Geils Dowglas, widow of Hew Crawfuird of Quhyt- 

hill and Wm. Keythe of Logyruiff, her husband. Cautioner Wm. Leask, elder, of that 
Ilk. 

19. Andrew Fraser of Staynniewood v. Wm. Graye in Cowburtie. Cautioner John 

Allan in Brigend of Cowburtie. 

May 5. Sir Wm. Forbes of Manimusk, knight baronate v. James Forbes in Manimusk. 

Cautioner James Forbes, burgess of Abd. 

15. Discharge of Wadset. In consideration of 4000 merks paid to him by Wm. 

Seatoune of Meldrum, Mr. Wm. Lumsden, Advocat in Abd., declared to be 
redeemed the lands of Hedderweik in the parish of Kinkell and barony of Balbithane. 
Lumsden was assignee of Mr. Wm. Barclay, Advocat in Abd., and Seatoune had come 
in the place of George Chalmer of Balbithane. 

I From a marking on the margin it would appear that the Roll was returned on 10 October. 

292 



Judicial Enactments: Vol. IEL, Contents 

1627. 

May 19. Renunciation and Discharge. Marjory Leyth, wife of George Leslie, sometime 

of Boigis, renounced in favor of the " Richt Honorahill " Alexr. Gordoun of Dunkyntie 
all her rights to the lands of Boigis in the parish of Leslie. 

Loosing 1 of Arrestment. Robert and John Michell, lawful children of Chrystie 
Michell v. Margaret Layng, his widow, and now wife of Mr. John Duncan in Cul- 
salmond. Cautioner George Gordoun of Wrangham. 

Discharge of Wadset. In consideration of 6000 merks paid by Wm. Seattoun 
of Meldrum, Isobel Irwing, wife of John Irwing of the New Place of Balbithan, 
renounced and discharged all her rights in Auld Place of Balbithan. 

21. Discharge of Wadset. In consideration of 10,000 merks paid to them by James 
Fraser of Tyrie, John Irwing of Torrieleithe and Isobel Irwing, his wife, renounced 
and discharged their rights to the lands of Cardno, Torvachie Kinboig, Maynes of Tyrie 
and a number of other subjects, both principal and warrandice lands, situated in the 
parishes of Phillorthe, Tyrie and Raithin. 

Renunciation and Discharge. Margaret Gordoun, wife of Alexr. Leslie of 
Auquhorsk, renounced her rights to the lands of Auquorsk, situated in the parishes of 
Logydurno and Oyn, in favor of John Leslie, younger of Petcaippill. 

22. Loosings of Arrestments. John Urquhart of Craigisfintrie v, Wm. Salter in 
Crichneleid. Cautioner John Setoun of Mynnes. 

June 7. James Leslie of Auquhorthies v. Wm. Tailzeor in Natherbiging of Auquhorthies. 

Cautioner Wm. Setoune of Disblair. 

May 25. Thomas Watsoun, burgess of Abd. v. David Tailzeor and John Innes, Cowpers, 

burgesses of Abd. Cautioner Andrew Udnie, Saidler, burgess of Abd. Watsoun's 
claim was for 166 knapellis [oak sta\es from Memel, Danzig, &c.] which had been 
arrested in the house of Walter Blak in Newburghe, or else the just prices thereof. 

June 16. Renunciation and Discharge. Jean Forbes, wife of John Touche, burgess of 

AW. , renounced in favor of Mr. John Home of Balgownie a lease of a tenement on the 
West side of the Gallowgate, which had been granted to her by her late father-in-law, 
John Touche the elder. 

20. Loosings of Arrestments. Robert Carnegie and Katherine Cowtis, his mother 
v. Thomas Farquharsone in Ballachie. Cautioner Nicol Ross of Auchlossin. Peats on 
Wester Kyncardyn and Milntoun of Kyncardyn. 

21. James Muckle at the Litill Milne of Seattoun v. James Andersone in Auld Abd. 
Cautioner Robert Deskrie (signing Dascorie), burgess of Abd. 17 merks in the hands 
of Mr. Wm. Seattoun of Thorntoun. 

July 5. George Gordoun of Terpersie and Patrick Gordoun, his son v. James Cheyn of 

Arnadge. Cautioner John Liddell, Cowper, burgess of Abd. Peats in the " Moss of 
Boigis of Badinscoith " in the parish of Auchterles. 

293 



Aberdeenshirc Sheriff Court: 

1627. 

July 5. Loosings of Arrestments. Walter Robertsone, burgess of Abd. z>. John Yuill 

in Murthill. Cautioner Wm. Trowp in Cultis. Peats on the " west pairt of Ovir 
Bodomes " in the parish of Banchorie Devenick. 

Charles, Earl of Dumferling with George, Earl of Weyntoun, his tutor, and George 
Gordoun of Terpersie v. Mr. John Forbes, Parsone of Auchterles. Cautioner Alexr. 
Watsone, Merchand, burgess of Abd. Peats in the Moss of " Boigis of Darley." 

13. John Bruce, sometime at Meikill Milne of Essilmonth v. Alexr. Lyoun of Muires. 

Cautioner Andrew Leslie, burgess of Abd. 

28. Wm. Reid, alias Towar, in Auchmeinzie v. Jean Irwing, widow of Mr. Robert 
Youngsone, Parsone of Forbes. Cautioner Matthew Youngsone, Tailzeor, frieman in 
Abd. 

Augt. II. Wm. Forbes of Tillikirie v. Alexr. Urquhart and Patrick Andersone in Torreis. 

Cautioner George Leslie of Kincragie. Peats in the Moss of Craigmaid. 

15. Tutory. Patrick Farquhar, burgess of Abd., who had gift under the great seal of 

date 18 July, 1627, of the Tutory of James and Isobel Home, children of Wm. Home 
in Brockhoillis, accepted office, took the oath de fideli, and found Mr. Thomas David- 
sone, Commissary Clerk, as his cautioner. 

24. Loosings of Arrestments. Patrick Meinzies, burgess of Abd., and Andrew 

Meinzies of Carnerobin v. Mr. Wm. Moir, burgess of Abd. Cautioner Mr. John Moir, 
burgess of Abd. 

Sept. 14. John Ogilvie in Urina [? Urma] v. James Findlay in Pettulie. Cautioner Alexr. 

Fraser of Nather Memsie. 

19. Sir John Leslie of Wardes, knight baronet v. George Grub, burgess of Inverurie. 
Cautioner John Mackie, younger, burgess there. Crop upon part of Ardtannies. 

20. Thomas Fraser of Strichen v. James Fraser of Tyrie. Cautioner Wm. Davidsone 
in the Milne of Meikill Auchmacoy. Crop upon the land lying " on the east syd of the 
New Waird of Boigrothin." 

29. Alexr. Irwing of Murthill v. John Murray in the Milnetoun of Murthill and others. 
Cautioner Thomas Murray, burgess of Abd. Crop upon the lands of " Southfeiddill." 

Octr. 2. Thomas Fraser of Strichen v. Alexr. Forbes of Petsligo and his tenants of Benna- 

mone. Cautioner Alexr. Forbes of Bouthles. Crop upon the "brae of the west syd 
of the Reidboig." 

George Gordoun of Newtoun v. Marjorie Home, widow of John Leslie in 
Brankanentum. Cautioner James Mitchell in Wedderburn. 

John Urquhart of Craigsfintrie v. Thomas Urquhart, sometime at Milne of 
Saphack, then at the Chappel of Andat. Cautioner John Forbes of Gask. 

294 



Judicial Enactments: Vol. EL, Contents 

1627. 

Octr. 30. Renunciation and Discharge. Marion [signing Mareon] Douglas, wife of 

Alexander Irving of Drum appeared and acknowledged that she had been infeft in 
liferent in the lands and barony of Ochterlonie, alias Kellie, the lands of Cuthlie, the 
lands of Arbirlott and others in the county of Forfar [fully specified in the entry] and 
in respect thereof renounced and discharged in favor of her husband all her rights to 
the lands of Mains of Fedderat and others in the barony of Fedderat and county of 
Abd., the towns and lands of Straquhan and others on the north side of the water 
of Feuche in the barony of Straquhan and county of Kincardine, the town and lands of 
Tarland in the parish of Tarland and county of Abd., the towns and lands of Coull 
in Cromar and others in the barony of O'Neil and county of Abd. [the lands being 
fully specified in the entry], as well as an annualrent of " fourscoir bollis bear & threttie 
sex geiss to haiv bein yeirlie upliftit furth of the tonnes & lands of Ouir and Nalher 
Ruthvenis in Cromar." If in any case she did not receive the provision specified in 
the entry her original rights were to revive. 

Novr. 14. Loosings of Arrestments. John Forbes of Byth v. James Michie in Belnagald, 

Allaster Wattie there, Andrew Chalmer there and a number of others in Glencarvie 
and that neighbourhood. Cautioner Alexr. Forbes of New. 

16. Sir Alexander Gordoun of Cluny, knight baronet v. Patrick Forbes in Kynmundie. 

Cautioner James Hempseid in Newtoun of . 400 merks in the hands of Wm. 

Meldrum in Muirtoun of Corsindae. 

19. John Forbes of Byth v. Arthur Forbes at the Milne of New. Cautioner Wm. 
Forbes of Culquhonie. 

Mr. Alexr. Paip, Advocat in Abd. v. Alexr. Charles sometime in Newburghe of 
Forrest and then in Skaillmuir. Cautioner Mr. George Setounc, brother of Wm. 
Setoune of Schethin. 

20. Renunciation and Discharge. Agnes Lumsden, wife of James Reid, younger, 
of New Milne, renounced and discharged all her rights to New Milne in Kildrymmie 
in favor of James Reid, elder, of Mid Clova in liferent and Mr. Robert Reid, his son, 
in fee. 

21. Loosings of Arrestments. Wm. Leslie in Tulliche v. Beatrix Middiltoun, 
widow of Robert Cowtes at the Milne of Logye. Cautioner Robert Cowtes in Bountie. 

Wm. Fraser, brother german of the late Alexr. Fraser of Techmuirie v. Janet 
Seattoun, his widow. Cautioner Wm. Seattoun of Schethin. 

Deer. II. Mr. John Cheyne and Alexr. Rolland, burgess of Abd. v. Alexr. Smart in Kyn- 

toir. Cautioner Thomas Kellie, elder, Baxter, burgess of Abd. 

22. Marjorie Stewin in Wester Kyncardyn v. Wm. Duncane in Petmurchie. Cautioner 
Alexr. Duncane in Dubbis. 

1628. 

Jany. 4. James Reid, younger, of New Milne v. James Sheid in Ardwell. Cautioners 

James Cuik in Howboig of Cabrache and Wm. Huid in Powneid of Cabrache. 

295 



Aberdeenshire Sheriff Court 

1628. 

Feby. 5. Loosings of Arrestments. Richard Tailzeor in v. John Milne, as 

executor of John Strauchin, sometime at the Milne of Dennatie. Cautioner John 
Gardyne of Bellamoir. 

6. Robert Dempster of Cuschny v. John Coupland of Newmill of Auchterles. 

Cautioner John Meldrum, Fear of Foulsie. 

14. John Ogiluie of Birnes v. Alexr. Walker at the Milne of Birnes. Cautioner Alexr. 

Haye of Brunthill. 

Mr. Gilbert Keythe, portioner of Finnerseis v. John, Bessie and Margaret Forbes, 
children of the late Patrick Forbes, sometime in Litill Finnerseis. Cautioner Peter 
Thomesone, Cordoner in Milntoun of Finnerseis. 

16. Alexr. Cobban at the Milne of Culsche v. George Mitchell in Eastoune. Cautioner 
John Gordoun, Brodinster [Embroiderer] in Abd. 

27. James Calder of Asloun v. Robert Gareoche at the Kirk of Cushnie. Cautioner 

Thomas Straquhnn, occupier of a croft on Rubislaw. 

Mar. 26. Bessie Lumsden, wife of Arthur Gareoche in Cushnie v. Duncan Fyf at the Milne 

of Cushnie. Cautioner George Ross in Feddret. 

April 1 8. Alexr. Irving of Altrie v. John Forbes, brother german of James Forbes of Blak- 

toun. Cautioner Wm. Forbes, also his brother. 

Walter Seatoun at the Milne of Bourtie v. Alexr. Davidsone at the Milne of Many. 
Cautioner Robert Iruing, Cowper, burgess of Abd. 

24. The Marquis of Hunllie v. Marjorie, Janet and Isobel Bisset, sisters of the late 

Mr. George Bisset of Petmukstoun. Cautioner Walter Ross, officer in Clatt. 

29. Alexr. Robertsone in Curtestoune v. James Nicoll in Kirktoun of Oyn. Cautioner 
John Ley the, elder, of Ilarthill. 

30. Sir Wm. Forbes of Monymusk, knight baronet v. Robert Chalmer in Cowlie. 
Cautioner John Chalmer in Tofthillis. 

May 13. John Forbes of Leslie v. John Leyth of Edingerak. Cautioner Wm. Leslie of 

Ryhill. 

17. John Leslie of Balquhyn v. Wm. Mearnes in Cowbyre of Balquhyn. Cautioner 
Alexr. Mearnes in Nathertoun of Knokinblewis. 

24. Sir Wm. Keythe of Ludquharne v. Wm. Cowper in Conzeik. Cautioner Alexr. 

Cowper at the Auld Milne of Bruxie. 

Commission by Sheriff Depute and Sheriff Clerk (Incomplete). Commission 
by Wm. Gordon, Fear of Knokaspak, Sheriff depute, and Mr. Wm. Anderson, Sheriff 
Clerk to a Sheriff depute, and Sheriff Clerk in that part, to take the Renunciation of 
Agnes Lumsden, wife of James Reid, younger, of New Milne [vide p. 295 supra]. The 
lands are here described as in Kildrymmie and Auchindoir. In the former entry Kil- 
drymmie alone was mentioned, which might account for this second renunciation. 

296 



Illustrative Examples taken from Vol. HI. of Judicial Enactments 
Cautionary Obligation Conditions of Tenancy 

(25 August 1620) 

The said day compeirit Margaret Paull relict of umquhill Robert 
Watsone in Murcour as principall and Robert Gordoune in Blindburne 
of Arnage as cautioner sowertie and full dettour for and with the said 
Margaret and obleissit thamselfis thair airs execu tours and assignayes 
conjunctlie & seuerallie to Mr Thomas Meingzeis of Balgownie his airs 
executours & assignayes in maner eftir following That is to say that 
forsameikle that the said Margaret presentlie occupies & possesses the 
sext pairt of the toune and lands of Murcour extending to aucht oxingait 
lands quhilk was possessit be hir said umquhill husband & hir the tyme 
of his deceis quhilk wes in the moneth of Junii last i m sex hundrethe 
& twentie yeirs and swa being now inclusit within termes cannot pre- 
sentlie be remowit fra the foirsaids lands lyand within the parochin of 
Sanct Machar & Shrefdome of Abd quhill the feist & terme of Witsonday 
nixt i m sex hundredthe & twentie ane yeirs and that thairby the said 
Margaret hes richt to occupie and labour the said sext pairt lands unto 
the said terme off Witsonday nixt in semblable maner as scho and hir 
said umquhill husband did befoir his deceis Thairfoir the said Margaret 
and hir said cautioner obleissis thame & thair forsaids conjunctlie & 
seuerallie as said is To sufficientlie plenishe labour & occupie the said 
aucht oxingait lands for winning of the cropt i m sex hundrethe and 
twentie ane yeirs befoir specifiet and to pey the lyk maills fermes dewties 
& dew seruice to the said Mr Thomas & his foirsaids as the said umquhill 
Rot Watsone & the said Margaret his spous payit the yeirs immediatlie 
preceiding for thair occupatioune of the samen lands with the mylne 
seruice multurs knawschip & uthers usit & wont And that the said 
Margaret sail pairt the outfeild of the saids aucht oxingait lands with 
hir nichtbours presentlie be the adwyse of the said Mr Thomas hir 
maister or sik as he appoynts to that effect and in caice it sail happin 
the said Margaret to remowe at the said term of Witsonday i m sex 
hundrethe & twentie ane yeirs that scho sail leawe the haill houssis & 
biggings on her said occupatioune als sufficient and in als guid estait as 
they ar presentlie And sail keip nichtboured in labouring of the saids 
lands outfield & infield thairoff so far as concernes hir pairt thairof with 
the remanent of the nichtbours [Follows clause of relief to cautioner & 
notarial signature Notary leading lady's hand] 

PP 297 



Aberdeenshire Sheriff Court: 
Disposition of Moveables by a Mother to her Son 

(8 November 1620) 

The said day in presens of the Shref deput foirsaid compeirit Margrat 
Gareoche relict of umquhill Alexr. Chessor in Glasgoforrest now under- 
standing hir selff to be aigit and decrepeit and nocht abill to awaill or 
labour the grund nor sustein or awaill on hir effairis as scho did abefoir 
without the gryt wrak and hurt of hir selff guidis and geir And thair- 
foir for the better sustentatioune of hir now in her auld aige hes receawit 
Thomas Chessor and Elspet Moir his spous in hir househauld and hes 
sauld and disponit to the said Thomas the haill insicht and plenisching 
within the samen with the haill remanent guidis and geir perteining to 
hir viz : The insicht and plenisching estimat to twentie punds ten oxin 
pryce of the peice owerheid ten punds thrie ky pryce of the peice ower- 
heid ten merks thrie steris pryce of the peice sewin merks four horss 
pryce thairof the better to mend the war owerheid all feftie merkis 
twentie four heids auld scheip pryce of the peice owerheid threttie sh 
Item aucht hoigis pryce of the peice twentie schillingis Item sex scoir 
bollis aitts pryce of the boll owerheid fourtie schillingis sextein bollis 
beir pryce of the boll four punds and hes gewin him presentlie intro- 
missione thairwith for the susteining of the said Margrat in meitt claithes 
bed & buerd within the said dwelling hous during all the dayes of hir 
lyftyme honestlie as effeiris and becumis hir estait and as apperteins the 
dewetie of ane sone to his mother with speciall prouisioun that in caice it 
sail happin the said Thomas to depairt this present lyiff befoir his said 
mother scho for hir sustentatione during hir aige to be repossessit to hir 
occupatione of the said dwelling haill guidis and geir befoir specifiet and 
scho to haue the use thairof during all the dayes of hir lyiftyme and with 
libertie to hir to dispoune thairupone als sail thfnk expedient and giwe 
the said Thomas happins to outleiwe the said Margrat the said Thomas 
obleissis him his airis executours and assignayes to pay and delyuer to 
Alexr Richie the sowme of ane hundrethe merks Item to Mr Wa 
Chessor the sowne of feftie merks and that immediatlie eftir the deceis of 
the said Margrat quhen the samen sail happin and the haill remanent 
guidis geir insicht plenisching & utheris quhatsumewer that scho hes and 
apperteins to hir the tyme of hir deceis forsaid sail justlie belang and 
appertein to the said Thomas quhairunto the Shref deput forsaid inter- 
ponit his authoritie & thairon the saidis Thomas & Margrat tuik act of 
Court and Instrument 

[Signed notarially by Margrat Gareoche] 
298 



Judicial Enactments: VoL BDL, Illustrative Examples 

Renunciation by a Daughter of Succession to her Father 

(6 August 1621) 

The said day in presens of the Shref deput foirsaid compeirit Agnes 
Huesone onlie lauchfull dauchter and bairne on lyff to umquhill Jhone 
Huesone burgess of Abd hir father and of her awin frie motive will 
oncoactit or compellit certiorat of hir awin richts quhairupone shoe gave 
hir corporall aith for hir awin weill and utilitie Renuncit Dischargit and 
past frae all successione of lands heritage legacies bairns pairt of geir or 
uther guids and geir moveable or unmoveable quhatsumevir shoe micht 
crave be successione testament or utherwayes be deceis of hir said 
umquhill father and protestit in respect of hir said renunciatione that 
shoe micht be quyt and frie of all actione that micht be intendit againist 
hir at the instance of the creditors of hir said umquhill father and in 
speciall of sick actione as Bessie Tillidaff lauchfull dauchter to umquhill 
Alexr Tillidaff burges of Abd and Alexr Rowane [or Rowand] spous 
to the said Bessie for his entress hes or any wayes maye haue against hir 
as onlie lauchfull bairne and appeirand air to hir said umquhill father 
for quhatsumevir alienationes dispositiones wadsettis maid be hir said 
umquhill father to the said umquhill Alexr or actione of warrandice 
against the airs of hir said umquhill father that may result thairupone 
be reasone of the said alienationes byrune and excrescent profits of the 
samen and that shoe be quyt and frie thairof in all tyme cumming upon 
the quhilk the said Agnes now being of lauchfull and perfyt aige of 
tuentie ane yeirs and with consent of Jhone Tilledaff burges of Abd hir 
mother brother german Andrew Huesone burges of Abd her father 
brother germane and Samuell Meassone hir father in law askit act and 
instrument Quhairunto the Shref deput foirsaid interponit his auctoritie 

AGNES HUISONE 

Mr W PAIP Sref JHONNE TULLIDAFF consentis 

ANDROW HOWESONE witnes 



Entries relating to Dr. Arthur Johnston, his Affairs and Family 

I. 

(12 June 1622) 

The said day In presens of the Shref deput forsaid compeirit 
Issobell Burnet relict of umquhill Jhone Burnet burgess of Abirdein and 
of hir awin frie motive will uncoactit or compellit for hir awin weill 
utilitie and profitt certiorat of her awin richt quhairupone shoe gave hir 
corporal aithe Renuncit dischargit and past fra hir conjunct fie and 

299 



Aberdeenshire Sheriff Court : 

lyvrent or quhatsumewir uther richt shoe hes or may clame to ane tenne- 
ment of inland backland with the yaird closs and pertinents lyand upone 
the east syd of the Gallowgait betuix the land of Mr Wm Paip at the 
southe the land of Alexr Forbes at the northe the croft and tailes of 
umquhill Robert Andersone at the east the forland of the said tenement 
now pertening to Dauid Meluing at the west, with the frie issue and 
entrie to the said tenement of land merchit as said is at the foir and back 
yetis And that in favores of Mr Arthur Jhonstoune doctor of physick 
and Marie Cagnoncle his spous now heritable proprietars and conjunct 
fiers of the samen . To the effect the samen may heritablie remaine 
with thame paceablie bruikit joysit and possessit be the said Mr Arthur 
his said spous the langest leiver of them tua quhairunto the Shref deput 
forsaid interponit his auctoritie .... 

Mr W PAIP Mr ANDERSONE Sreffe Clark 

Shreff off the Sreffdome off Abd 

II. 

Eod : die 

The said day compeirit Alexr Andersone in Tillenturk and became 
cautione and sovertie for Thomas Burnet burges of Abd that the sowme 
of saxtein hundrethe merks in the hands of Mr Arthur Jhonstoune 
Doctor of physick alledgit pertening to the said Thomas arreistit at the 
instance of Alexr Graye burges of the said bruche sail be furthcumand 
to him and Issobell Corser his spous for peyment to thame of the sowme 
of tua hundrethe thrie scoir and punds principal! sowme with the 

sowme .of four scoir punds liquidat expenssis as law will and Mr Wm 
Burnet Minister at Kinarnie oblist him to releive the said Alexr of the 
cautionrie aboue wreitin and all that may follow thairupone 

ALEXR ANDERSON 
Mr W BURNET 

III. 

Eod : die 

The said day compeirit Patrick Skeyne in Baindindodle and becume 
cautione and sovertie for Mr Wm Burnet Minister at Kinarnie that the 
sowme of ane thousand punds less or mair in the hands of Mr Arthur 
Jhonestoune Doctor of Physick pertening to the said Mr Wm and 
arreistit at the instance of James Jhonstoune in Isaakstoune sail be 
furthcumand to the said James as law will for peyment to the said James 
of the sowme of thrie hundrethe merks alledgit promisit be the said Mr 
Wm to the said James and the said Mr Wm oblist him to releive his 

300 



Judicial Enactments: Vol. EL, Illustrative Examples 

cautioner of the cautionrie aboue wreitin and of all that may follow 
thairupone 

Mr ANDERSONE Mr W BURNET 

IV. 

(28 August 1622) 

The said daye in presens of the Shref deput forsaid compeirit Mr 
Arthur Jhonstoune Doctor of physick and being passing out of this 
realme and uncertane of his returning Electit nominat and chusit (as 
father & lawfull administrators to James Lodvice Nicolas and George 
Marie and Susanna Jhonstounes) Mr Duncane Forbes of Balnagask 
Jhone Forbes his eldest lawfull sone and Gilbert Jhonstoune of Forrester- 
hill or any tua of tharne curatores ad lites et negotia reulers guiyders and 
lawfull administrators of the saids bairnes thar guids and geir induring 
his absence out of the realme 

Mr W PAIP Sref 

Mr ART JONSTON D.M. 

V. 

(16 Novr 1622) 

Compeirit James Jhonstoune in Isaakstoune and past frome the 
arrestment maid at his instance upone sick sowmes of monie as wes 
restand to Thomas Burnet burges of Abd in the hands of Mr Arthure 
Jhonstoune Doctor of physick and wes content that the saids sowmes 
suld be upliftit be the said Thomas or his assignayes or any uther hawand 
richt thairto 

JAS JHONSTOUNE with my hand 



Harrows Croft, Aberdeen 

(15 August 1623) 

The said day compeirit Hendrie Ord heritabill possessour of ane 
croft of Land callit Harrowis croft lyand within the territoreis of the 
freidome of Abd upone the eist syd of the Denburne quhilk he hauldis 
now in few of Mr Thomas Johnestoune burges of the said burght and 
grantis him restand awand to the said Mr Thomas for his few dewitie of 
the said croft this instant cropt & yeir of God i m sex hundrethe tuentie 
thrie yeirs aucht bollis sufficient beir with tua bollis seid beir quhilk sew 
the said croft this instant cropt And in respect the said Hendrie is 
nocht abill to win the cropt & scheir the samen be reasone of the skearsnes 

301 



Aberdeenshire Sheriff Court : 

this present yeir Thairfoir the said Hendrie of his avvin frie motiwe will 
for haulding & saifing him self frie of contracting ony forder dett sellis 
and disponis to the said Mr Thomas the haill cornis presentlie growand 
upone the grund of the said croft for payment of the said few dewitie 
and tua bolls seid beir and is content that the said Mr Thomas sould 
presentlie enter win & scheir the samen transport leid & carie the samen 
to ony pairt or place he pleasis as his awin proper cornis upone his awin 
expenssis. Quhairunto &c &c [Notarial docquet as Ord could not write] 



Birth Breives 

I. 

(2 March 1625) 

Compeirit Gilbert Leslie burges of Abirdein George Stewart thair 
Mr George Andersone and Mr Alexr Paip Advocattis in Abirdein quha 
being inquirit of the birth and parentage of Robert Andersone burges of 
the said burche, be thair gryt aith suorne deponit that the said Robert 
wes eldest lauchfull sone procreat betuixt Alexr Andersone elder burges 
of the said burch laitlie thesaurer and counsellor thairof and umquhill 
Margaret Andersone his spous begotin of lauchfull manage Quhairunto 
the Shref deput forsaid interponit his auctoritie and thairupone the said 
Robert Andersone personallie present askit and tuik act and instrument 
[Signed by the Sheriff depute & all four witnesses] 

II. 

(3 June 1626) 

The said daye in presens of the Shref deputt forsaid compeirit 
Williame Leask of that Ilk Mr Patrik Gordoun of Bracka Williame 
Gordoun his brother german and George Leask lawfull sone of Mr James 
Leask minister at Cushnie and be wertew of thair sworne aithe Deponit 
that Peter Leask now burgess in Tarnowa within the dominioun of Poill 1 
is lawfull sone to umquhill Henrie Leask in Craighall and Margaret 
Haye his mother borne in lawfull matrimonie of honest parents ex longa 
serie Quhairunto the Shref deputt forsaid interponit his authoritie and 
thairupon George Innes burges of Abirdein as procuratour for the said 
Peter Leask and in his name and behalf tuik act & Instrument [Signed 
by the Sheriff depute Sheriff Clerk and witnesses] 

I Now Tarnew in Austrian Gallicia. 
302 



Judicial Enactments : Vol. EL, Illustrative Examples 

Chair of Mathematics, Marischal College 

(14 June 1625) 

The said day compeirit in presens of the Shref deput forsaid Dame 
Issobell Leslie spous to Sir Alexr Hay of Delgaty Knycht furth of the 
presens of hir said spous oncoactit or compellit certiorat of hir awin richt 
for her awin weill utilitie and profit and for the weill of hir said spous 
and gave hir express consent and assent to the alienatione and disposi- 
tione maid be the said Sir Alexr to the Provost Bailzeis Counsell and 
Communitie of the said burch of Abirdein present and to come, and to 
thair assignayes quhatsumewir, for sustentatione and mantinance of ane 
professor of mathematickes within-the new Colledge of Abirdein and to 
no uther use of all and haill ane annuelrent of ane thowsand merkis 
usuall monie of Scotland to be upliftit yeirlie at the feist of Witsonday 
furth of all and haill the landis of Ardendraucht with the tour fortalice 
and maner place thairof the landis of Bredmuire and salmond fisching 
of the water of Crowdane callit Peiris the toun and landis of the ward 
of Crowdane the landis of Sandend the landis of Aschallowes with the 
Milne of Ardendraucht mylne landis multeris suckin and knawscippis 
thairof quhilkis ar all pairtes and pendicles of the saidis landis of Arden- 
draucht and furth of all and sundry the houssis bigingis yairdis toftis 
croftis outseattis annexis connexis pairtes pendicles and pertinents of the 
saidis haill fornamit landis or furth of any pairt or portione thairof quhair 
the saidis Provost Bailzeis Counsell and Communitie sail think maist 
expedient Redimable alwayes be the said Sir Alexr Hay his airis maill 
and assignayes frome the said toune of Abirdein be peyment or con- 
signatione of the soume of Ten thowsand merkis monie forsaid in maner 
and upone the conditiones specifeit in the contract past and perfyttit 
thairanent betuixt the present Provost Bailzeis Deanc of Gild and 
Thesaurer of the said burch on the ane pairt and the said Sir Alexr Hay 
and his said spous and thair cautioneris thairin nominat on the uther 
pairt of the dait at Abirdein the thritteint day of Junii instant and 
sicklyk consentit to the haill remanent heidis and conditiones of the said 
contract and to the chartouris and infeftmentis following thairupone and 
declarit be vertew of hir gryt aith suorne that shoe wes no wayes coacted 
nor compellit thairto bot that the samen is doen be hir of hir awin frie 
will for her awin seing weill and commoditie and that shoe suld newir 
revock the samen nor come in the contrar heirof And immediatlie 
thaireftir in presens of the Shref deput forsaid compeirit the said Sir 
Alexr Hay and ratefied and approvit his said spous consent maid in 
maner aboue wreitin and gave his express consent heirto Unto the 
quhilks haill premissis the Shref deput forsaid interponit his auctoritie 

33 



Aberdeenshire Sheriff Court 

and thairupone Walter Robertsoune Comoune Clerk of the said burch in 
name of the Provost Bailzies Counsell and Communitie of the burch of 
Abd askit and tuik act and instrument 

A HAY of Delgatie ISOBELL LESLIE 

Mr ANDERSONE Sreffe Clark Mr JAMES IRWING 

Shref deput 



Daughter Choosing Curators with Her Father's Cor sent 

(13 June 1626) 

The said daye . . . compeirit Helene Andersone youngest 
lawfull dochter to Mr Williame Andersone Shref Clerk of Abd with con- 
sent of the said Mr Williame hir father electit nominate & chuisit Mr 
Robert Gordoun of Straloche Mr James Irving Advocat in Abd hir 
curatores coniunctlie and severallie ony ane of them for rowling guyding 
& governing of hir hir lands heretages possessiones guids and geir unto 
hir lawfull and perfyte aidge quha acceptit the said office in & upon them 
and gaive thair aithes de fideli administratione Quhairunto the Shref 
deputt forsaid interponit his auctoritie [Signed by the minor & Sheriff 
but not by curators] 



34 



The Minute Books of Judicial Enactments 
Vol. IV., 1628-33 

This book seems to be complete as it came from the hands of the 
writers, with the exception of a few leaves which are missing here and 
there from the body of the volume. It takes up the business at the 
precise point where the entries of the preceding volume end, and carries 
them on to 19 October, 1633. Even the original fly leaves have been 
preserved, but so covered with a net work of scribbling as to obscure 
entirely anything which may have originally existed by way of title. 
Only in one respect does this volume differ from the first three books of 
the same series. There is an almost entire absence of acts regarding 
crime of any kind. The penmanship of the entries is extremely good, 
and to many of them are appended signatures both interesting and 
quaint. 



QQ 35 



Table of Contents of Vol. IV. of Minute Books of 
Judicial Enactments 

1628. 

May 26. Loosings of Arrestments. Elizabeth Meldrum, widow of George Ogiluie of 

Carnowsies and Mr. John Forbes, parsone of Auchterles v. George Home in Knokleyth. 
Cautioner Thomas Meldrum of Iden. 

Sir Win. Forbes of Monymusk, knight baronet v. Archibald Ferquhar at the Milne 
of Ramstane. Cautioner John Turnor, portioner of Kynmonitie. 

28. Walter Forbes of Thainstoun v. Gilbert Kar in Craigiedarg of Skeyne. Cautioner 

George Johnestoune, younger, burgess of Abd. 

Walter Forbes of Thainstoun v. Andrew Barclaye in Tailties. Cautioners George 
Johnestoune and Gilbert Kar designed in preceding entry. 

John Gordoun of Petlurg v. George Ogstoun in Pettiemurkhous. Cautioner 
Andrew Ogstoun at the Milne of Crichie. 

31. George Cruikschank in Flinders and Schand, his wife v. John Cruik- 

schank in Flinders. Cautioner Win. Forbes of Barnes. 

June 4. Renunciation and Discharge. Marjory Gordoune, wife of Hector Abircrombie 

of Fetterneir, renounced in favor of Alexr. Abircrombie of Birkinboig all her rights to 
New and Auld Westhalls in the Parish of Oyn. 

7. Discharge of Wadset. The granters of this discharge were Thomas Espline in 

Newbiging, John Kar in Grayestain, John Mitchel, sometime in Auld Abel., then in 
Ailhous of Fiddes, and Cristian Lindsaye, wife of Thomas Kar, son of the said John 
Kar. The consideration money was 2000 merks, which was paid by John Turing of 
Foveran for himself and as in right of his brother german, Thomas Turing of Aikens- 
hill, and by I lenry Turing of Saak, who was the other brother german of the laird of 
Foveran. The lands declared to be redeemed were the lands of Aikenshill and Saak 
in Foveran. 

Loosing of Arrestment. Beatrix Forbes, widow of John Jonstoun in Englistoun 
and Alexr. Knox in Synnahard, her husband v. Robert Johnestoun of Crimond. 
Cautioners Robert Johnestoun in Fechill and Gilbert Johnestoun at the Mylne of 
Allathin. The sum of 5000 merks. 

306 



Judicial Enactments: Vol. IV., Contents 

1628. 

June 10. Judicial Ratification. Janet Lumsden, wife of Alexr. Lumsden of Easter Clova, 

here consented to and ratified the alienation by her husband, by way of wadset, of the 
lands of Meikill Maidlcris, with the multures of these lands and those of Litill Maidleris. 
The lenders were Win. Lumsden at the Milne of Fowallis and Janet Leyth, his wife. 
The sum borrowed was 2900 merks and Robert Lumsden of Cushnie and John Lumsden 
of Tullicarne were cautioners for repayment. 

Renunciation and Discharge. Cristian Irving, wife of Alexr. Lumsden, elder, 
of Easter Clova, renounced and discharged her rights to the shadow half lands of the 
Mains of Easter Clova in the parish of Kyldrimmie in favor of Alexr. Lumsden, their 
son. 

Loosing of Arrestment. Wm. Seatoun of Menei v. James Setoun, sometime in 
Couhill of Menei, then in Ardo. Cautioner Wm. Setoune at the Mylne of Cavil. 

11. Renunciation and Discharge. Margaret Gordoune, wife of Donald Fcrquhar- 
sone of Tilliegarmonth, renounced her rights to the lands of Tilliegarmonth in the 
parish of Birse in favor of Patrick Smyth in Tombac in liferent and John Smyth, his 
son, in fee. 

Loosings of Arrestments. Alexr. Blakhall of that Ilk v. John Mackie in 
Auchincloiche. Cautioner Wm. Forbes in Auchincloiche. 

12. Elizabeth Blak, sister of Anna Blak, wife of Thomas Cowye, younger, burgess of 
Abd. v. the said Thomas Cowye and Anna Blak. Cautioner Mr. Robert Reid, son of 
James Reid, elder, of Middil Clova. ,50 less or more in the hands of Andrew 
Meldrum, Theasaurer of Abd. 

Renunciation and Discharge. (Incomplete.) Janet Gordoun, wife of John 
Leyth, elder, of Harthill, in consideration of the payment to her and her husband of 
6000 merks provided by their marriage contract, renounced her rights to Harthill in 
favor of John Leyth, younger, eldest lawful son of John Leyth, the elder. There was 
a reservation of her rights to the lands of Auld Raine with the " toll & custome of the 
mercat callit Lawrence mercat standing yeirlie upon the Town & Lands of Auld Raine 
& paroche thairof." There was a farther reservation of the right of her and her 
children, in certain circumstances, to remain in occupation of Harthill. 

[A leaf or two missing here.] 

July 19. Renunciation of Succession. Margaret Sherar, wife of Patrick Etterschank in 

Abd., and only child of the late Gilbert Sherar, burgess of Abd., renounced all rights 
of succession to her father's estate. 

22. Loosing of Arrestment. Alexr. Gordoun of Blelak v. Robert Nairne in 

Tomontepill and Thomas Michie in Ouir Glencarvie. Cautioner Robert Forbes, some- 
time in Inver, then in Abd. Peats, &c., in the moss of Tulloskeuthe in the parish of 
Invernochtie. 

37 



Aberdeenshire Sheriff Court : 

1628. 

July 26. Loosings of Arrestments. Alcxr. Gordoun of Blelak v. Patrick Forbes of 

Buchame. Cautioner Allaster Cowper, son of Wm. Cowper in Glenbucket. Peats, 
&c. , in the moss of Tulloskeuthe. 

28. Alexr. Gordoun of Blelak v. John Forbes in Culqueiche, John Troup there, 

Donald Troup there, Robert Reid in the Barnes, Robert Couper in the Boig of Faivlie, 
Elspet Ritchie in Broomehill, Thomas Gordoun at the Milne of Rippachie, Wm. 
Andersone in Rippachie, Robert Bouman in Argeith, Alexr. Grasich there, Allaster 
Petrie there, Bessie Daesone there and James Riauche in Clashnettie. Cautioner Sir 
Adam Gordoun of Park, knight. Peats, &c., in the mosses of Bounzeache and 
Tulloskeuthe. 

Augt. i. Discharge of Wadset. From the narrative it appears that the late John Erskin 

of Balhaggarlie granted to the late James Irving of Petmurchie in liferent, and to his 
natural son, the late Andrew Irving, and his heirs, whom failing, his son, Mr Alexr. 
Irving in fee, a waclset over Mylntoun of Inverramsay for 600 merks. The Contract of 
Alienation was dated 6, and registered in the Commissary Court Books 10 June, 1595- 
The money having been repaid in the lifetime of the original parties, but without a 
formal discharge, Mr. Alexr. Irving, Advocate in Abd., as heir of provision to his 
father, now declared the subjects to be redeemed in favor of Thomas Erskin, the then 
laird of Balhaggartie. 

5. Loosings of Arrestments. Mr. Wm. Burnet, Minister at Kynnairnie v. James 

Crystie in Skaitcairne. Cautioner James Crystie, Tailzeour, burgess of Abd. Peats, 
&c., in the moss of Badintuithe. 

9. James Stewin in Garlogie v. Maigaret Robertsone, widow of Alexr. Forbes in 

Easter Eight. Cautioner James Forbes in Wairdmilne of Drum. " Ane woib of 
plaiding extending to thriescoir ellis or thairby." 

19. Wm. Irving of Beltie v. John Irving in Tilliehaikie. Cautioner John Maitland, 
Smyth, burgess of Abd. 

20. James Johnestoun of Bandach v. Thomas Moir in Cayesmilne, James Moir in 
Baikiebuttis, Alexr. Thomesone in Begisley, Wm. Abel there, Alexr. Moir in Dam- 
greins, Wm. Ronaldsone in Woodland, Alexr. Hervie there and Wm. Moir. Cautioner 
Thomas Johnestoun of Craig. Corn sown within the bounds of Woodlands, and Peats, 
&c., in the mosses of Petduries, Cayesmilne, Woodland and Begisley. 

Sept. 6. Henry Forbes, burgess of Abd. v. Alexr. Sled in Newhillis. Cautioner James 

Leyth, occupier of 8 oxengait of Watertoun. 

18. John Lesly of Ardtannics v. John Reid, sometime at the Mylne of Ardtannies, then 

at the Mylne of Tillifour. Cautioner Normond Lesly of the Mylne of Quhythauch. 

22. Mr. Alexr. Reid and Robert Merser, burgesses of Abd. v. Nicoll Arclay in Pesly 

[? Persley]. Cautioner John Arclaye, Cordoner, burgess of Abd. 

308 



Judicial Enactments: Vol. IV., Contents 

1628. 

Sept. 24. Loosings of Arrestments. Alexr. Skein of that Ilk v. James Aidie in Tillin- 

hilt. Cautioner Thomas Tait, occupier of eight oxengait of the Croftes of Craigmyl. 

27. Mr. Alexr. Reid and Robert Merser, burgesses of Ahd. v. Wm. Ogilvie in Dispro 

[? Dilspro]. Cautioner Nicoll Arclay in Peslie [? Perslie]. 

Octr. 2. Renunciation and Discharge. Margaret Ker, wife of John Gordoun of Ard- 

logie, renounced her rights to the two ploughs of the sunny half of the Kirktoun of 
Fyvie, then occupied by her son, John Gordoun, in favor of him and his future wife, 
Isobcl Innes, and the longest liver of them, &c. 

6. Loosings of Arrestments. Robert Jonstoun in Craighall and George Clerk, 
Merchant in Ellon v. Wm. Anderson, servitor to Wm. Forbes, brother german to James 
Forbes of Blaktoun. Cautioner Thomas Lumisden, portioner of Kinnellar. 

7. John Knox of that Ilk v. Katherine Robertsone at the Milne of Crichie. Cautioner 
Andrew Ogstoun there. 

9. Sir Wm. Forbes of Monymusk, knight v. James Cheyn of Arnadge and his tenants. 

Cautioner John Liddell, Cowper, burgess of Abel. The crop sown on that part 'of the 
lands of Fetfichie in the parish of Monymusk " callit the Kilboig of Ouir Balquhorsk." 

Katherine Gardyn, widow of Mr. John Leyth, Commissary of Abd. , and wife of 
Patrick Sinklair, as liferentrix of Blairtoun v. John Hay, sometime in Dyknuik, then in 
Langseatt. Cautioner Wm. Hay, indwellar in Auld Abd. 

14. John Knox of that Ilk v. Wm. Allan, sometime in Knox. Cautioner Alexr. 
Mitchel in Rattra. 

John Lumisden of Tillikearne v. Patrick Andersone in Lnchintillie. Cautioner 
George Andersone in Auld Abd. 

15. Katherine Gardyn, widow of Mr. John Leyth, Commissary of Abd., and wife of 
Patrick Sinclair v. Alexr. Aikin, sometime in Blairtoun, then in Colpnay. Cautioner 
Andrew Aikin in [?] Greindeid. 

16. Birth Brieve. John Watsoun in Craibstoun', James Thome there, Walter Slett 
in Sklettie and Richard Watsone, burgess of Abd., appeared and deponed "that 
they knew umquhill John Gordoun Merchand and Travellar within the Dominion and 
Kingdome of Swain \* ithin the Toun of Copperberrie to have bein sone natural repute 
and haldin and procreat betwixt Johne Gordoun sumtyme of Lastis now of Craibstoun 
and Elspet Keyth his mother and brother on the father syd procreat as said is to James 
Gordoun Fiar of Craibstoun eldest lawfull sone to the said John Gordoun of Craibstoun." 

21. Loosings of Arrestments. Alexr. Gordoun, indwellar in Auld Abd. .;. George 

Chalmer there. Cautioner Wm. Andersone . Peats, &c., in the Moss of 

Pervinnies. 

Novr. I. Wm. Setoun of Meanie v. Alexr. Blak, sometime in Halterseatt, then in Durno. 

Cautioner Wm. Thomesone occupier of eight oxengait of Drumes. 

39 



Aberdeenshire Sheriff Court : 

1628. 

Novr. 14. Loosings of Arrestments. Alexr. Andersone in Litill Wranghame v. James 

Mitchel in Wedderburne. Cautioner Win. Thomsone in Kirktoun of Raine. 

17- Sir George Hamiltoun of Blakburne, knight v. Andrew I'hinnie, Skipper in Peter- 

heid. Cautioner Patrick Findlay, Skipper, burgess of Abd. I'hinnies " haill tymber 
and sowmes of money" had been arrested. 

18. Renunciation and Discharge. Marjorie Leyth, wife of Normond Leslie at[? of] 
the Miln of Quhythauche, in consideration of the repayment of a loan of 2000 merks to 
her husband, renounced in favor of Sir John Leslie of Wardes, knight baronet, all her 
rights to Milne of Glanderstoun. 

19. Loosing of Arrestment. Thomas and James Bodie in Peterheid v. John 
Pantoun, sometime in Cocklaw. Cautioner George Crafuird of Annochie. 

Discharge and Ratification. Margaret Trowp, wife of Wm. Forbes in Pettal- 
lachie, appeared in Court in the . following circumstances. By Marriage Contract 
dated 16 December, 1626, her husband had become bound as principal and Alexr. 
Forbes in Boig of Cromar, John Chalmer of Balnacraig and Alexr. Chalmer, Fiar 
thereof, as cautioners to provide and invest 2OOO merks for behoof of the spouses and 
longest liver of them. By this Act she acknowledged that she and her husband had 
received 800 merks contained in a Bond by Wm. Gordoun of Kennertie, in consideration 
of which and for other reasons she discharged the cautioners under the Marriage Con- 
tract and ratified a separate Discharge granted by her husband and her on the same day. 

21. Loosing of Arrestment. Thomas Forbes in Foulsie 7t. Gilbert Mair of Awalds. 

Cautioner James Mair in Meikil Auchry. 

Deer. 8. Renunciation and Discharge. Isobel Keyth, wife of George Gordoune, third 
lawful son of the late Alexr. Gordoune of Lesmoir, renounced all her rights to the half 
lands of Watererne, half lands of Tulloche and half lands of Blakmylne, &c., in the 
parish of Coldsteane in favor of Sir James Gordoune of Lesmoir, knight baronet. 
1620. 

Jany. 24. Tutory. John Forbes in Craigtowie, " narrest agnet on the father syd " and tutor 

to Elspct Forbes, lawful daughter of the late James Forbes in Haltoune of Ardoyne, 
found Alexr. Gardyne in Brucklis as cautioner for his due fulfilment of his office. 

29. Loosings of Arrestments. Mr. Wm. Gordon, Doctor of Physick v. Thomas 

Meinzies of Balgownie. Cautioner Alexr. Meinzies, his brother german. 

31. Elspet Forbes, only lawful daughter of the late James Forbes in Ilaltoun of Arduin, 

and John Forbes in Craigtowie, her Tutor, v. Alexr. Forbes in Craigtowie. Cautioner 
Wm. Symsone, Messenger in Drimmynnoir. 

Feby. 6. James Fergous, burgess of Inrurie v. James Tailzeor in Tauiltie. Cautioner Alexr. 

Hervie in Watertoun. 

7. Alexr. Leslie, brother to the Laird of Balquhyn and Donator to the " escheit and 

lyverent" of James Ogiluie of Auchlewchries v. John Graye in Westertoun. Cautioner 
John Ogiluie, occupier of eight oxengait of Auchlewchries. 

310 



Judicial Enactments: Vol. IV., Contents 

1629. 

Mar. 7. Loosings of Arrestments. Mr. Robert Udny of Lammingtoun v. John Elder- 

son in Calseyend. Cautioner Arthur Chalmer, burgess of Abd. 

20. Andrew Scott in Bowiehillock v. James Raitt in Starbrigs. Cautioner Alexr. 
Watsone, Merchand, burgess of Abd. 

23. John Miln, Tailzeor, burgess of Abd. v. Isobel Leask, widow of Wm. Bannerman 

of Clayhillis. Cautioner James Gordon of Lesmurdie. 

April 8. Walter Barclay of Tollie and Wm. Barclay of Petdoulsie, his Tutor ?'. Francis 

Barclay in Woodtoun. Cautioner James Mowat of Smiddieseat. 

22. The Procurator Fiscal, Harie Barclay, natural son of George Barclay of Auchreddie 
and Mr. John Home of Balgownie, or either of them v. Wm. Leslie, merchand at the 
Kirk of Trewall. Cautioner Patrick Leylh, portioner of Premnay. 

May 2. Renunciation of Occupancy. George Longofeiddill in Torrieleyth renounced 

his occupancy of the half lands of Torrieleyth in Udny, in favor of John Irving, heritable 
proprietor thereof, as at Whitsunday following. 

12. Judicial Ratification. Katherine Patersoune, wife of Mr. James Sandielands, 
" Comissar of Aberdein Doctor of the Lawes and Advocat befoir the Lords of Counsell 
and Session," ratified the wadset by him to Sir John Murray of Ravellrig, knight, of 
the lands of Pilmure in the Barony of Nidrie by annexation, and Sheriffdom of Edin- 
burgh. 

13. Loosings of Arrestments. George Crichton, elder and younger, of Crichie v. 
James Mackie in Broome-end of Crichie. Cautioner Wm. Cruikschank, occupier of 
eight oxengait of Hiltoun. 

14. Margaret Blakburne, wife of Mr. Andrew Aidie, burgess of Abd. v. Isobel 
Straquhan, widow of Robert Gordon, burgess of Abd. Cautioner Wm. Forbes, 
Wobster, frieman in Abd. " Three Paires of handing plaids." 

16. Mr. Wm. Burnet, parsone of Kinnairnie v. James Crystie in Badentuith. Cautioner 

John Gordoun in Hill of Keir. 

19. Mr. Wm. Burnet, Minister at Kynnairnie v. John Westland in Kinnairnie. 

Cautioner Wm. Gordoun of Cottoun. 

21. Wm. Forbes of Barnes v. James Wobster in Auchlevin. Cautioner John Forbes 
of Leslie. 

23. Sir John Leslie of Wardes, knight baronet v. John Smith in Dales. Cautioner 
Wm. Davidsone in Brucheshawche. 

28. John Forbes of Corsindae v. James Forbes in Milnetoun of Corsindae. Cautioner 
Alexr. Smith in Coullie. 

29. Robert Gib in Knokaspak v. Bartholemew Layng, son of the late Michaell Layng. 
Cautioner John Leyth in Montgarrie. 

3" 



Aberdeenshire Sheriff Court : 

1629. 

May 29. Loosings of Arrestments. Andrew Donald in Ardgethin v. George Garioch 

in Kinstair. Cautioner Wm. Gareoch of Tilliechetlie. 

Win. Tailzeor in Daweirie v. James Jonstoun of Bandauch. Cautioner Gilbert 
Jhonestoune of Pettiesmilne. 

June I. Gilbert Jolinestoune of Frosterhill v. Richard Drum in Boighoill. Cautioner Hew 

Hepburne in Corthiebuik. Buildings and timber work were included in this arrest- 
ment. 

Mr. James Forbes of Hauchton v. Wm. Gareoch in Endurnoch. Cautioner James 
Gariauch, sometime of Kinstair. 

Renunciation and Discharge. Isobel Setoun, wife of Thomas Erskein of Bal- 
haggartie, renounced her rights to Balhaggarlie, Doirlathin and Pettoddrie in the 
parishes of Logydurno and Oyn in favor of Thomas Erskein, their eldest lawful son. 
The lady was to receive, apparently as an equivalent, the liferent of the lands of Barrack 
in the parish of Auchreddie. 

Loosing of Arrestment. Mr. Wm. Burnet, Minister at Kynnairnie v. James 
Philp in Ballogie. Cautioner John Leyth, second lawful son of John Leyth of Mon- 
garrie. 

4. Renunciation. Patrick Smith in Tombae, "In spem ac favorem futuri matrimonii 

to be solemnizit beluixt " John Smith, his eldest lawful son, and Janet Gordon, lawful 
daughter to Wm. Gordon, Fiar of Knokaspak, renounced his liferent of Tulligarmouth 
in Birse. [Supra p. 30.] 

Loosings of Arrestments. Jean and Marjorie Buchan, proprietors of the Moss 
of Dyce, and George Moriesone and Gilbert Skeyn, burgesses of Abd. v. Mr. Thomas 
Meluill, Minister at Dyce. Cautioner David Meluill, burgess of Abd. Peats, &c., in 
the Moss of Dyce. 

24. Sir Adam Gordon of Park, knight v. John, Earl of Mar, Lord Erskein, &c., and 

his tenants of the lands of Nochtiesyd. Cautioner Alexr. Anderson, elder, burgess of 
Abd. Peats in the Moss of La:lyeley in the parish of Innernochtie. 

27. John Smyth, eldest lawful son of Patrick Smyth of Tulligarmouth v. Gilbert Forbes, 

brother german to Wm. Forbes of Barnes. Cautioner Alexr. Knox in Touxhill. " Ane 
stand of grein Inglis cloathe cloathes." 

July I. John Ferquharsone of Cloak v. Wm. Forbes of Cragiewar and Margaret Edvart, 

his mother. Cautioner Thomas Gardyne, Tailzeour, burgess of Abd. Peats in the 
Moss of Cloak in Lumphanan. 

4. Wm. Dalgarno of Crichie, " bailzie and chamberlan " to William, Earl Marshell 

v. Alexr. Forbes of Drumlasie. Cautioner Wm. Quhyt, Merchand, burgess of Abd. 
Forty bolls of victual. 

312 



Judicial Enactments: VoL IV., Contents 

1629. 

July 7. Renunciation and Discharge. Isobel Forbes, wife of Wm. Gariauch in 

Endurnoch, renounced her rights to the lands of Tillichetlie in the parish of Aufuird in 
favor of Wm. Gareoch, portioner of Kinstair. 

15. Loosings of Arrestments. John Leyth of Quhythauch v. George Gordon in 

Cultis. Cautioner Wm. Trowp, Fermorar in Abd. Peats in the Moss of Countes- 
wallis. 

17. John Dalgarno in [?] Halden and John Gib there v. John Murray in Brexhill. 
Cautioner Wm. Dowglas, burgess of Abd. 

18. James Innes, burgess of Abd. v. James Reidheid in Asleid. Cautioner Win. 
Urquhart in Colwallis. 

Augt. 14. Alexr. Auldward in Autherb v. George Mitchell in Altrie. Cautioner Alexr. 

Keyth at the Miln of Bruxie. 

19. Alexr. Williamsone, Baxter, burgess of Abd. v. John Mitchel, Cowper, burgess of 
Forrest. Cautioner Alexr. Donaldsone, younger, Merchand, burgess of Abd. 

22. Reset. The Procuratour Fiscal v. James Hill in Thornetoun, charged with 

" resaitt of the guids and geir of Mr. Wm. Setoun of Thornetoun." Cautioner Samuel 
Measson, burgess of Abd. 

31. Loosings of Arrestments. James Forbes of Tilligouny and Wm. Forbes, his 

son v. John Thomsone at the Miln of Mynanie. Cautioner Wm. Forbes of Tolquhon. 

Mr. Wm. Hay, Parsone of Crimond v. Andrew Cairdno in Crimond. Cautioner 
Andrew Laurence in Aucheries. 

Sept. 5. Robert Forbes of Eight v. Alexr. Lunkart in Lethintie. Cautioner John Leyth, 

son of John Leyth of Quhythauch. Corn, &c., standing upon the hill of Buquharne. 

7. Robert Broun at the Miln of Fiddes v. John Thomsone in Knokhall. Cautioner 

Robert Thomsone, Tailzeour, burgess of Abd. Crop standing upon the Milne croft of 
Tippertie. 

12. Wm. Setou-n of Balgerso v. Wm. Glenney in Ranyeshill. Cautioner John Liddell, 

Cowper, burgess of Abd. Crop on the lands of Brounebrae. 

21. Duncan Blakhall, Taksman of the Justice Milne v. Wm. Baird, Wobster, burgess 

of Abd. Cautioner Wm. Russell, Wobster, burgess of Abd. The "haill meill & 
shilling " belonging to Baird. 

26. James Maxwell as assignee of Thomas Gray, son and executor of the late John 

Gray, and Alexr. Irving of Murthill v. Wm. Buchane in Artrochie. Cautioner Wm. 
Leask, Fear of that Ilk. 

RR 313 



Aberdeenshire Sheriff Court: 

1629. 

Octr. i. Renunciation and Discharge. Dame Jane Abernethie, wife of Sir George 

Gordun 1 of Gicht, by this Act renounced her rights to the lands of Cuikbirnes and 
pendicle thereof called Tillibren in the parish of Logybuchan, which had been conveyed 
by her husband to George Gordone of Nathermuir, and also her rights to the lands of 
Meanie and others in the parish of Balhelvie, which had been conveyed in warrandice 
of the lands first named. 

Renunciation and Discharge. Dame Jane Abernethie, wife of Sir George 
Gordun of Gicht, here renounced her rights to the lands and barony of Shives and the 
lands of Folterletter, Lethintie and Monkeshill in the parishes of Fyvie, Methlick and 
Tarves in favor of George Gordon, younger, of Gicht, eldest son of Sir George, in 
liferent, and George Gordon, eldest lawful son of the said George Gordon, younger, of 
Gicht, and his heirs male. The rights of Wadsetters were specially reserved. 

15. Loosings of Arrestments. George Crichtone, elder and younger, of Crichie 
v. John Foullar, sometime in Broome, and then in Kintoir. Cautioner John Leslie, 
Notary Public in Kintoir. 

16. George Connand in Maines of Kildrymmie v. Wm. Touch, servitor to Duncan 
Forbes of Bithnie. Cautioner the said Duncan Forbes. 

Wm. Merser in Auchronnie v. Andrew Leyth in Watertoun. Cautioner John 
Leyth, son of John Leyth of Quhythauch. 

22. Alexander, Maister of Forbes v. James Wilsone in Rynie. Cautioner Mr. Henry 

Ross, Parsone of Kynie and Essie. 

30. Mr. Wm. Lumsden of Tillecorthie v. Patrick Sangstcr there. Cautioner Robert 

Setoun, Fiar of Mynnes. 

Nov. 4. Sir Alexr. Hay of Delgatie v. Wm. Scott in Lendrum. Cautioner George David- 

sone in Hardslacks. 

1 6. James Allardes of Kynncph v. Thomas Watsone, Measson, burgess of Abd. 

Cautioner Gabriel Lithgow, also Measson, burgess. 

1 8. Wm. Gray, Merchand, burgess of Edinburgh v. Alexr. Mowat, sometime in 

Pettindrum, then in Lendrum. Cautioner Wm. Scott, occupier of a plough of Kynin- 
month. 

Deer. 7. Janet Touche, wife of Wm. Scott, burgess of Abd., and her husband v. Janet 

Knight, widow of John Turnor, also burgess. Cautioner Wm. Donaldsone burgess. 
" Tua paires of plaids." 

21. Janet Buchane, widow of James Ewan, burgess of Abd. and James and 

Ewan, his children, and executors v. Wm. Rolland, burgess. Cautioner Gilbert 
Cullen, Bailzie, burgess. 

I The spelling here, as in other cases where the Acts are signed, follows the signature. 



Judicial Enactments: Vol. IV., Contents 

1630. 

Jany. 15. Loosing of Arrestment Alexr. Irving of Murthill v. James Miln at the 

Miln of Fortrie. Cautioner Wm. Gordon, occupier often oxengait of Kidshill. 

22. Renunciation of Occupancy. Alexr. Hervie in Watertoun renounced his right 
to occupy Watertoun, Miln thereof and Salmon fishing on the Don and Crofts called 
Stinking [or Struking] Heawin and Yuche croft all in the parish of Sanct Machar in 
favor of Andrew Fraser of Stainniewood and his heirs and assignees. A lease dated at 
Mukall 12 February, 1620, was referred to. Hervie took act in the hands of Mr. Wm. 
Andersone, the Sheriff Clerk. 

23. Renunciation, Discharge and Ratification. Isobell Forbes, widow of James 
Donaldsone, burgess of Abd., and wife of Duncan Wilsone, burgess there, appeared 
and stated that, having received from her son, Alexr. Donaldsone, security for a liferent 
annuity of ,200 per annum, she had on 16 December, 1628, in presence of Baillie 
Gilbert Collison, renounced in his favor her liferent rights in (i) a tenement on the 
North side of the Nather Kirk Gaitt described in the entry as "having the common 
vennel passing to the Flour Miln at the West ; " (2) a wadset right granted over the 
lands of Blairtoun by Mr. Robert Gardyn for 2800 merks ; and (3) a wadset right 
granted by Robert Keyth, sometime of Kindrocht, over the Sunniesyd of Innernorth 
for 1000 merks. This former Renunciation she now ratified and repeated. Her son's 
right to the " maills " was stated to have commenced at Whitsunday, 1622. 

29. Loosings of Arrestments. Cristian Lumsden, widow of Alexr. Duff of Tullie- 
sowll [? Torriesoul], Thomas Urquhart at the Chappel of Andatt and George Setoun at 
the Miln of Balcarne v. Janet Leslie, widow of Robert Stewart of Jakstoun. Cautioner 
Alexr. Chalmer, Dean of Gild and burgess of Abd. 

Feby. 4. John Calder of Faster Migvie v. John Forbes in the Boig of Cromar. Cautioner 

Alexr. Knox, sometime in Touxhill, then in Abd. 

22. Wm. Keyth in Garlogie and Andrew Rae there v. Wm. Strathauchin in Cairnie. 
Cautioner John Carnie, burgess of Abd. 

27. . Gilbert Johnstoun of Froslerhill v. James Rae in Boighoill. Cautioner Robert 
Robertson, Cordoner, frieman in Abd. 

Mar. 15. Mr. Alexr. Gardyne, Procurator Phiscall v. Robert Henrie in Murcur. Cautioner 

James Cassie in Quhytstripes. 

23. Robert Hall, burgess of Abd. z;. John Gordoun, burgess there. Cautioner George 
Gordoun, younger, also burgess. 

30. George Gordon of New Logyaltoun v. John Strath there. Cautioner Malcolme 
Strath at the Miln of Knokleyth. 

31. Wm. Logan in Wester Fintray v. Gilbert Leslie there. Cautioner John Leslie at 
the Miln of Fintray. 

April 5. Mr. Alexr. Gardyne, Procurator Fiscal v. Alexr. Donaldson, burgess of Abd., 

alias " Grein Alexr." Cautioner Wm. Donaldson, burgess of Abd. 

315 



Abcrdcenshire Sheriff Court: 

1630. 

April 13. Loosings of Arrestments. George Gordon of Newtoun of Logyaultoun 

v. James Cruikschank there. Cautioner John Urquhart in Pitmundies Brig. 

17. Wm. Maitland of Monletie v. James Burne there. Cautioner John Burr.e in 

Fuchill [or Futhill]. 

23. John Gordon, elder, of Buckie 7>. Robert Johnstoun in Craighall of Fechill. 
Cautioner Alexr. Johnstoun in Fechill. 

Tutory. Alexander Irving of Quhytcairnes, next of kin on the father's side and 
Tutor Dative to Margaret Irving, lawful daughter of the late Wm. Irving of Murthill, 
appeared, accepted orifice, took the oath de fideli and found John Irving of Torrieleyth 
as cautioner. The gift of Tutory was dated 14 March, 1626. 

24. Renunciation and Ratification. Anna Udny, daughter of Wm. Udny, sometime 
of that Ilk, having arrived at majority, with the consent of her father and of Mr. Robert 
Udny of Lamyntoun, her uncle, renounced all her rights to Easter and Wester Tillicv 
and Croft of Calseyend in the barony and parish of Udny. She also ratified a Contract 
fur the conveyance of these lands to John Setoun of Mynnes in liferent and George 
Setoun, eldest son of the said John Setoun and Helen Leyth, his wife, in fee. The 
contract for conveyance of the lands was entered into by the said John and George 
Setoun on the first part, by Win. Seton, another son, and Annas Gordoun, his wife, on 
the second part, and by the said Wm. Udny and Anna Udny, with consent of Alexander 
Setone of Petmedden, the said Mr. Robert Udny, Wm. Seton of Udny and John Forbes 
of Balnagask for their respective interests, on the third part. 

May 25. Loosing of Arrestment. John Allan in Brae of Ballogie ?'. John Calder, burgess 

of Abd. Cautioner Alexr. Hendersone, indwellcr and Fermorer in Abd. 

27. Renunciation and Discharge. C'ristian Irving, widow of Alexr. Lumsden of 

Clova, renounced the lands of Drumgowar in Kildrummy in favor of her son, Alexr. 
Lumsden of Clova. 

31. Judicial Ratification. Geillis Kcythe, wife of John Knox of that Ilk, consented 

to and ratified the waclset of the lands of New Knok in the barony of Aden to Wm. 
Gordon of Brodland. The sum is not mentioned, but the Contract of wadset was dated 
two days before, vizt. : 29 May. 

June 28. Loosings of Arrestments. Alexr. Gordon of Blelok 7-. Thomas Gordon at the 

Miln of Ardgight and a number of other persons in Ardgight, Rippachie, Broomehill, 
Boig of Farley, Barnes, Culquheich and Deskorie. Cautioner Wm. Forbes of Tillie- 
kirie. Peats, &c., in the Mosses of Bounzeach and Tulloskeuth. 

29. Sir James Gordoune of Lesmoir, knight baronet v. Alexr. Forbes of Petsligo, 

Robert Forbes of Auldtoun, Andrew and Alexr. Neilsone in Meikill Wardes and others. 
Cautioner Robert Skeine, Thesaurer of Abd. Peats, &c., in the Moss of Meikill Slak. 

316 



Judicial Enactments: Vol. IV,, Contents 

1630. 

June 29. Loosings of Arrestments. Alexr. Gordon of Blekk v. Alexr. Forbes of New, 

William Forbes, his brother, Allaster Forbes in Culqaharie, Alexr. Forbes, his son, 
Mr. Wm. Brown, Parsone of Innernochtie, Patrick Forbes of Boquham, Thomas 
Michie, John Cuming, George Michie, Allaster Downie, all in Glencarvie, and Patrick 
Williame alias Coutes in Tollachaspick and Patrick Cowper there. Cautioner Alexr. 
Straquhan of Glenkyndie. Peats, &c., in the Moss of Bainzeach. 

Mr. Alexr. Reid, Advocat in Abd. v. Patrick Leyth in Ardhuncar. Cautioner 
Thomas Esplin in Newbiging. Peats, &c., in the Lair Mois of Birkinbrewll. 

30. James Leslie at the Miln of Auld Rayn r>. George Mathowson there. Cautioner 

James Watsone, portioner of Ardoyn. Leslie was claiming 900 merks. Two notaries 
signed for Mathowson, who was bound to relieve his cautioner. 

July 28. Alexr. Forbes of Petsligo v. George Baird of Auchmedden. Cautioner Win. 

Cuthbert, burgess of Abd. Peats, &c., in the Moss of Wyndieheids and out pasturage 
thereof. 

Commissions by Sheriff Depute and Sheriff Clerk. On 29 May and 10 June 
respectively Mr. Wm. Andersone, the Sheriff Clerk, and John Keyth of Clackriach, 
Sheriff depute of Aberdcenshire, granted Commissions to Patrick Mylne, Notary 
Public in Peterheid, as Sheriff Clerk Substitute, and to Alexr. Robertsone in Middlessie 
as Sheriff depute in that part to take the Ratification described in the following entry. 

Judicial Ratification. In terms of the foregoing Commission a Court was held 
at Brodland on 24 June, when Cristian Walker, wife of Wm. Gordonc of Brodland, 
ratified a wa-lset of two ploughs of land in Middiltoune of Brodland in favor of Thomas 
Gordoune in Brodland and his heirs. The sum is not given, but the dates of the Con- 
tract of Wadset were 18 and 21 May preceding. 

Augt. 16. Loosings of Arrestments. Gilbert Mearnes, sometime in Cultcrcullen v. John 

Dovertie in Tilliery. Cautioner Wm. Toux, Merchand, burgess of Abd. 

17. Robert Forbes of Eight v. John Crombie in New Water Eight. Cautioner James 

Crombie, occupier of eight oxcngait of the Nathertoun of Fetterneir. 

20. Alexr. Fraser at Berriemiln as Beillie to my Lord Marqueis of Hunllie z>. James 

Findlay at the Miln of Pettulies. Cautioner Alexr. Muriesone in [?] Trenluthill. 

25. Alexr. Forbes of Petsligo v. Wm. Gerrett in Litle Byth. Cautioner Arthur 

Chaltner, burgess of Abd. Corn growing between Litle Byth and Blaksamoir [or 
Blakfamoir]. 

Sept. 3. George Baird of Auchmedden v. Alexr. Forbes of Petsligo and John Porter in 

Wyndieheids. Cautioner James Mowat of Ardo. Peats, &c. , upon the "out heid 
pasturadge and moisses of Auchmedden, Glencuthill and Claverrie Faulds." 

317 



Aberdeenshire Sheriff Court : 

1630. 

Sept. 9. Loosings of Arrestments. Alexr. and George Andersone, John Ingrahame, 

John Lichtoun and the remanent of " thair colliges maisteris awneris and heretabill 
proprietares of the salmond fishing on the Water of Die callit the Fuirdes " v. Mr. 
Matthew Lumisdane, burgess of Abd., "heretabill proprietar of the toun and lands 
of Ruthriestoun." Cautioner Andrew Birnie, burgess of Abd. Peats, &c., upon " the 
Garthes and Grein inches alledgit perteining to the Salmond fishing," which the 
cautioner also bound himself that the arrestee should not cast. 

n. George Meinzies, burgess of Abd., as heritable proprietor of Denstoun v. John 

Chalmer there. Cautioner Andrew Burnet, elder, burgess of Abd. A claim for rent 
crop 1630. 

Alexr. Kempt, Measson v. James Barrak, brother german of John Barrak in Li tie 
Ardo. Cautioner the said John Barrak. 

13. James Pan ton in Blakhous v. Walter Mair in Kinguidie. Cautioner Wm. Wischart 

at the Miln of Auchinhuif. 

15. Charles Chalmer, portioner of Wester Fintray v. John Ilendersone in Kyntoir. 

Cautioner John Chalmer, occupier of 8 oxengait of Tofthillis. Crop upon the part of 
Fintray called Langcruik. 

27. Sir Alexr. Cuming of Culler v. Win. Gareoche in Breddiauche. Cautioner Wm. 

Chewis, Wricht, burgess of Abd. 

30. Removing. Richard Irwing, Fermorer in Abd., renounced his occupancy of a 

croft at the head of the Gallowgaitt of Abd. and West side thereof in favor of Robert 
Irwing, lawful son of the late Mr. Richard Irwing of Ililtoun, heritable proprietor 
thereof and of Robert Irwing of Feddrett. 

Octr. i. Loosings of Arrestments. Alexr. Chalmer, lait Dean of Gild of Abd. v. 

Thomas Boyes, Skipper, burgess of Dundie. Cautioner Alexr. Jhonstoune, Glasin 
Wreight, burgess of Abd. 50 rex dollors in the hands of Andrew Phynnie, Skipper, in 
Peterhcid. 

4. Thomas Chalmer, as assignee of Alexr. Chalmer, Dean of Gild, his father, v. 

George [?] Nwn, burgess of Trandum [Trondjheim] and Rumsdaill [Romsdal]. 
Cautioner Alexr. Jhonstoune mentioned in preceding entry. A claim of 50 rex dollors. 

23. Margaret Muskie and Wm. Walker in Pettindrum, her husband v. Magdalen 

Tailzeor, widow of Wm. Muskie in Pettindrum. Cautioner John Tailzeor, Cordoner 
in Cheapeltoun of Petblae. 

26. John Mealhous in Auld Mcklrum v. John Forbes, Citiner in Aid Abd. Cautioner 

Hector Smith, Merchand, burgess of Abd. A broun haikit ox. 

Nov. 12. John Leslie of New Flinder v. George Wright in Syd. Cautioner Wm. Davie, 

occupier of 8 oxengait of Cultis in Kynnelhmont. \6 in the hands of George Marna 
in Flinder. 

318 



Judicial Enactments: Vol. IV*, Contents 

1630. 

Nov. 17. Loosing of Arrestment. John Calder of Easter Migvie v. James Coutes in 

Blakhillis. Cautioner Mr. Robert Cowttis at the Miln of Gellan. 100 merks in the 
hands of Patrick Coutes in Newtoun of Cromar. 

20. Judicial Ratification. Elizabeth Raitt, wife of Robert Lumsdene of Cuschnie, 

ratified a wadset of the lands of Wark and Ley in the parish of Cuschnie in favor of 
John Clerk in Tilliekirie dated 16 November current. 

22. Loosings of Arrestments. Jean Guild, widow of David Anderson of Finziauch 

v. Isabel Scroggie, widow of Patrick Roust in Finziauch. Cautioner John Patersone, 
occupier of 8 oxengait of l.enturk. 

24. VVm. Cordoner, Notary Public v. Mr. Wm. Paip, brother of Thomas Paip, 

Merchand, burgess of Abd. Cautioner the said Thomas Paip. ^900 less or more 
arrested in the hands of Archibald Beanis, Litstcr, burgess of Abd. 

Removing. Gabriel Lithgow, Meassone, burgess of Abd., renounced his 
occupancy of certain rigs on the east side of the Gallowgait of Abd. in favor of 
Mr. Wm. Andersone, Sheriff Clerk, the proprietor or liferenter thereof. 

Deer. 21. Tutory. John Fraser of Newburgh of Forrest, by virtue of " oure Souerane 

Lords preceptis of Chancellrie " dated 7 December current, accepted the office of 
Tutor to Alexr., Micheall and John Fraser, lawful children of the late Alexr. Fraser 
of Techmurie, and found Alexr. Fraser of New Forrest and Wm. Fraser, brother 
german " to the said John," as his cautioners. 

1631. 

Jany. 22. Loosings of Arrestments. Sir James Gordoune, younger, of Lesmoir, knight 

baronet v. John Gordoune, younger, of Craig and other persons residing in Auchindoir 
and Drymmeis. Cautioner George Gordoune, Appeirand of Tulloquhodie. 

27. Thomas Gordon of Dilspro v. Katherine Mathowsone, widow of John Bennett, 

sometime in Grandome. Cautioner Wm. Tailzeor, Staibler, burgess of Abd. 

Feby. 2. Adam Abircrombie in Auld Rain v. James Duncan in Auld Rain. Cautioner 

George Gordon of Newtoun. 

Mar. 21. Sir Wm. Forbes of Monymusk, knight baronet v. Jean, Margaret, Annas, Elizabeth 

and Win. Ferquhar, lawful children of the late Wm. Ferquhar in Dullab. Cautioner 
Archibald Ferquhar at the Miln of Clunie. 

26. Barbara Quhyt, widow of Abraham Davidson in Milntoun of Gavell v, Wm. Scot 

in Lendrum. Cautioner Alexr. Mowat, tenant and occupier of 12 oxengait of Lendrum. 

April 23. James Jonston in Muirloun v. Michael Sangster at the Miln of Kinguidie. 

Cautioner John Sangster, Workman in Abd. Six ellis of grayes in the hands of Alexr. 
Moir at the Waik Miln of Bourtie. 

3*9 



Aberdeenshire Sheriff Court: 
1631. 

May 7. Loosings of Arrestments. John Lumsden of Tullicarne v. Gilbert Thomsone 

there. Cautioner John Nun, Fermorer in Abd. 

II. John Gordoun of Haddo v. Gilbert Gordoun in Knaven. Cautioner Thomas 

Lumsden, portioner of Kinnellar. Houses and buildings as well as peats, &c., of the 
arrestee's occupation on Barrack. 

18. James Cheyne of Arnagc v. James Symsone in Auchadlie. Cautioner Patrick 

Straichin of Kynnadie. 

20. John Urquhart of Craigfintrie v. George Prat in Balthangie. Cautioner Andrew 

Birnie, Merchand, burgess of Abd. 

Alexr. Gardyne, Fear of Blakfurd v. John Bird in Badaquasche. Cautioner Alexr. 
Sinclair, occupier of 10 oxengait of Chrichnalead. 

23. Alexr. Burnett of Clunie v. Wm. Miln in Nather Schiell. Cautioner Robert Skein 
of Tillibirlach. 

Alexr. Fraser, eldest lawful son of the late Alexr. Fraser of Techmurie, and John 
Fraser, his Tutor v. Wm. Daniel in Percok of Deir. Cautioner James Daniel, 
occupier of the " sun pleuch " of Percok. 

24. Tutory. John Wilsone in Milnbrex, who had, as " narresl agnet," been served 
Tutor to George, William and Elspet Wilsone, lawful children of the late Robert 
Wilsone in Milnbrex, accepted office and found George Raitt of Folia as cautioner for 
his faithful exercise of the office. 

25. Loosings of Arrestments. Mr. Patrick Maitland of Auchincreiv v. Thomas 
Mitchel, Messenger at the Litle Miln of Essilmont. Cautioner Ale.xr. Gordoune, 
indwellar in Abd. 

Isobell Aidie in Kyncardyn O'Neill v. James Fiddes in Slowie. Cautioner John 
Maitland, Smith, frieman in Abd. ,40 in the hands of Andrew Johnestoun, Adam 
Ramsey and John Duguid in Kyncardyn O'Neill. 

26. John Urquhart of Craigfintrie r>. Alexr. Hay at the Miln of Potglassie. Cautioner 
Andrew Meldrum of the Muires of Fywie. 

John Gordon of Ardlogie v. Alexr. Toshea at the Brigend of Ardlogie. Cautioner 
Robert Kyntoir, Cordoner, frieman in Abd. 

28. Alexr. Andersone in Tullinturk v. James Ross in Burnesyde of Lumphannane. 

Cautioner John Fodringhame, occupier of 8 oxengait in Craigtoun of Lumphannan. 

James Cowtes in Gellane v. Wm. Cordoner there. Cautioner George Cordoner, 
occupier of 8 oxengait of Kincragie. 

June 4. Renunciation and Discharge. Isobel Irving, wife of John Irving of Torrie- 

leyth, renounced her rights to New Place of Balbithan and Boig thereof called Boig of 
Hedderweik in the parish of Kynkaill in favor of John Irving of Artamphart. 

320 



Judicial Enactments: Vol. IV., Contents 

1631. 

June 4. Renunciation and Discharge. Agnes Jaffray, wife of Alexr. Sangster in 

Wattrishmuir, renounced all her rights to the lands of Wattrischemuir in the parish of 
Foveran in favor of John Turing of Foveran and his heirs, to remain with them as their 
own proper heritage. 

6. Loosing of Arrestment. John Dovertie at the Miln of Udny v. Wm. Udny of 
Tullieve. Cautioner Mr. Robert Udny (signing Udnie) of Lamingtoun. 

7. Removing. Alexr. Weyntoun, sometime in Broomehills, then in Kynmundie, 
renounced the possession of the lands of Broomehills in the parish of Sanct Machar in 
favor of Margaret Jamesone, widow of Thomas Shand, burgess of Abd. 

21. Loosings of Arrestments. Sir James Gordon of Lesmoir, knight baronet v. 

Alexr. Forbes of Petsligo, Robert Forbes of Auldtoun, Andrew Neilson, Alexr. Wilsone, 
Alexr. Bettie, John Glennie, all in Meikill Wardes, and Robert Cruikschank at the 
Miln of Meikill Wardes. Cautioner James Mowat, burgess of Abd. Peats, &c. , in the 
Moisses of Meikill Slak. 

28. William, Earl Mershell, &c., and Wm. Dalgarno of Blakwater and Wm. Dal- 

garno in Crichie, his Lordship's Bailzies v. Thomas Body in Peterheid. Cautioner 
George Gordoune, burgess of Abd. Peats, &c., in the Mois of Quhythill in the parish 
of Peterheid. 

July 2. Alexr. Forbes of Petsligo v. Henry Michie in Clinkistoun of Johnsleyis. Cautioner 

Mr. Andrew Massie, Minister at Drumblait. Peats, &c., in the Mois of Clinkistoun. 

4. Thomas Body in Peterheid v. Andrew Gray, elder, and James Bodic, Bailzies of 

Peterheid. Cautioner Alexr. Lome, burgess of Abd. Peats, &c., within the half 

mois of Quhythill. 

9. James Reid in Culsche v. John Reid at the New Miln of Brux. Cautioner Robert 

Russell, indwellar in Abd. 

James Fraser of Tyrie v. Wm. Fraser in Newseat of Easter Tyrie, Walter Ros in 
Keythishillok and others. Cautioner James Crystie, Tailzeor, burgess of Abd. 

20. John Lumsden of Tullecarne v. Wm. Hall in Muttonhoill. Cautioner Mr. Alexr. 
Robertsone, Minister at Clunie. 

27. Marjorie Knowes, liferentrix and Mr. Gilbert Keyth, Minister at Skeyn, heritable 

proprietor of parts of Meikill Finnersie and Moneght v. Wm. Blakhall, portioner of 
Finnersie and James Young in Moneght. Cautioner James Blakhall, burgess of Abd. 
Crop growing on the South, Southeast, East and Northeast parts of the Miln Croft 
of Meikill Finnersie and also on that part of Moneght called the Walsheid. 

ss 321 



Aberdeenshire Sheriff Court: 

1631 

July 15. Renunciation and Discharge. Margaret Bodie, wife of Alexr. Seton in Meikill 

Coklaw, renounced her rights to " that tua pleuches of Land houssis bigingis," &c., 
" of the landes of Lochbanks and Brodland occupiet be John Scott and Wm. Tarves" 
in the parish of Cremonth, in favor of Wm. Gordon of Brodland and Cristian Walker, 
his wife. This Renunciation was taken on Commission at Peterhead of this date and 
reported at Aberdeen on 30 July. The Sheriff deput and Sheriff Clerk Substitute who 
took it were Thomas Gordon of [? in] Brodland and Patrick Miln, Notary Public in 
Peterhead. 

Augt. 24. Loosing of Arrestment. Isobel Chalmer, widow of Alexr. Grassich, sometime 

in Ardgeith v. John Grassich in Ardgeith and Allaster Grasseich in Tilliechespick. 
Cautioner Helen Forbes, widow of James Elphingstoun of Barnes. 

25. Renunciation of Lease. James Leslie, sometime in Auld Rain, then in the 
Maines of Caskieben, who had obtained a Lease of the third part lands of Maines of 
Caskieben in the parish of Monkegie from Sir George Jonston of that Ilk on 21 March 
preceding, now renounced it in favor of Sir George. The houses on the possession 
were described as " the fyr hous tua byres ane staibill the meikill aitt barne with the 
half of the kil and kilbarne." Leslie also renounced his right to the " oxen, pleuch and 
pleuch gear " which he had received from the landlord with the lease. 

Sept. 24. Loosings of Arrestments. John Lamb in Raineshill v. David Cuming in 

Boddomes of Mamewlie. Cautioner Andrew Howiesone, Merchand, burgess of Abd. 

26. David Cuming, sometime in Boddomes of Mamewlie v. John Lamb in Raineshill. 
Cautioner John Liddel, Cowper, burgess of Abd. 

Alexr. Gordon of Carneburro v. Adam Gordon in Walheides. Cautioner Thomas 
Gordon in Artlach. Corn on the Miln lands of Carneburro. 

James Gordon of Blakfuird v. Robert Thomson in Bakiehill. Cautioner Patrick 
Gordon of Badinscoth. " Corn on the burnsyd of Bakiehill in the Meadow & Hauch- 
gress thairof." 

[A page or two missing here.] 

Date Renunciation and Discharge. (Imperfect.) Isobel Forbes, wife of Patrick 

wanting. Gordoun of Glanderstoun renounced her rights to the fourth part Maynes of Caskieben 
in favor of Sir George Johnstoun. The beginning of the entry is awanting, but a com- 
parison with a signature to another entry (p. 326) clearly identifies Patrick Gordoun. 

Novr. 21. Loosings of Arrestments. Wm. Forbes of Cragievar, Margaret Edvard, Lady 

Cragievar and Robert Dowglas, then her husband z>. James Yuill at the Miln of Glen- 
kyndie. Cautioner James Irwing of Ardgowis. 

22. George Baird of Auchmedden v. Mr. Wm. Hepburne at the Milne of Abirdour. 

Cautioner Patrick Hepburne at the Litle Mylne of Essilmonth. The " haill faill 
dovattis and middingis cassin & maid be the said Mr. Wm." and his tenants within the 
bounds of the lands of Clintertie. 

322 



Judicial Enactments: Vol. IV., Contents 

1632. 

Jany. 9. Loosings of Arrestments. Mr. Wm. Burnet, Minister at Kynnairnie v. Alexr. 

Nicoll, Duncan Troup, Robert Crystie, JohnCrystie, Alexr. Crombie and Win. Meldrum 
all in Midmar and Wm. Touche, Thomas Gellan and John Gellan all in Sunhennie. 
Cautioner John Gordoun, servitor to Alexr. Gordoun of Abirztldie. 

20. John Leith in Haltoun of Fintrie, Isobel Melvill, his wife, Alexr. Sym at the New 

Miln of Fintrie and Agnes Melvill, his wife v. John Dun in Wester Fintrie, husband 
of Janet Milne, who was widow and executrix of Wm. Melvill in Waster Fintrie. 
Cautioner Charles Dun, occupier of 10 oxengait of the toun and lands of Kinkaill. 

Feby. 10. James Ogilvie of Auchlewchries v. Wm. Gray in Westertoun of Auchlewchries. 

Cautioner Alexr. Hay in Ernehill. 

14. Patrick Leyth of Mongarrie v. Jaspert Cushnie in Hoilmiln. Cautioner Thomas 

Cushnie, burgess of Abd. 

17. Renunciation and Discharge. Christian Walker, wife of Wm. Gordon of 

Brodland, discharged all rights to two ploughs of land in Brodland and Lochbankes 
[or Lochbaukes] in favor of Andrew Phynnie, Bailzie in Peterheid. This she did in 
fulfilment of a Contract of Wadset dated 21 and 26 November, 1631. The renunciation 
was taken at Brodland on 6 December, 1631, before Thomas Gordone in Brodland and 
Patrick Miln, Notary Public, as Sheriff depute and Sheriff Clerk Substitute in that 
part. The yearly value was thus set forth " extending yeirlie in fie rent and dewtie to 
thrie chalderis thrie bollis rin mett bear fourtie ane merks money four wedderis four 
lambes tua disson capones tua disson pultrie & harradge carrage and dew seruice usit 
& wont." 

24. Loosing of Arrestment. Thomas Erskin of Balhaggartie v. John Leslie in New 
Flinder and others. Cautioner Patrick Gordoun, Fiar of Kyncraigie, whom Olipher 
Gordoun of Flinder bound himself to relieve. 

Removing. Patrick Calder (signing Cadell) in Meikill Abircate renounced his 
possession there in favor of Mr. David Andersone of Finzeauch and Alexr. Stewart, 
burgess of Abd., his Tutor, at and from the term of Whitsunday following. 

Mar. 4. Loosings of Arrestments. James Findlay in Pettulie v. Alexr. Muirieson in 

Torretuthill. Cautioner John Craik, occupier of 10 oxengait of Crimonmowget. 

19. Wm. Baxter, Skipper in Fraserburghe v. Wm. Forsyth, Merchand in Peterheid. 

Cautioner John Symson, Merchand there. 

April 26. John Gordoun of Haddo v. Robert Johnstoun in Park of Kellie. Cautioner Robert 

Murray, Cowper, burgess of Abd. 

May 4. Win. Gordoun of Sawquhane v. Robert Midiltoun and Thomas Meldrum in Lille 

Sauchane. Cautioner Robert Skeyne of Tillebirlache. 

16. Susanna Leyth, widow of James Gordon of Knokaspak, liferentrix of Drumrossie 

v. James Miln, Wm. Miln and Alexr. Reid in Drumrossie. Cautioner Robert Cruik- 
schank, elder, burgess of Abd. 

323 



Aberdeenshire Sheriff Court: 

1632. 

May 1 6. Loosings of Arrestments. Margaret Forbes, widow of Patrick Leslie, some- 

time of Duncanstoune and Olipher Gordon, her husband v. John Leslie in New 
Flinder and others. Cautioner Arthur Forbes of Balnabroche. 

17. Gordon, widow of George Gordon, Fiar of Colpnay, John Gordon of 

Craig, her husband, George Gordon of Colpnay and George Gordon, younger, of 
Tillaquhowdie v. John Innes in Pettins. Cautioner John Udny of Balhelvies. 

19. Walter Barclay of Tollie and his Curators v, Francis Barclay in Wodtoun of 

Tollie. Cautioner Wm. Barclay of Ordley. 

Mr. John Chein, Parson of Kynkaill v. Patrick Leslie, Merchand in Kyntoir. 
Cautioner John Leslie, Notary and Messenger in Kyntoir. 

23. Gilbert Bcdie, burgess of Turreff v. Isobell Thomson, widow of James Bedie in 
Turreff and John Murray, her husband. Cautioner Wm. Forbes, Merchand burgess 
of Abd. The rent and key of the door of a buith in Turreff, liferented by Isobel 
Thomson, had been arrested. 

24. Renunciation and Discharge. John Cuschny, sometime in Kowcraiges in the 
parish of Culsalmond, renounced that croft with certain privileges of pasturage and 
brewing and moss rights in favor of George Gordon of Newtoun. The consideration 
money was 300 merks. 

26. Renunciation and Discharge. Barbara Forbes, wife of Doctor William 

Jonston, in consideration of 3000 merks paid to her husband and her by Patrick 
Leyth of Mongarrie, renounced all her rights to the Lands of Johnstoun in the parish 
of Leslie, which had been wadset to Doctor Jonston under Contract dated 8 June, 
1631. The latter signed " W. Jonston D." 

Loosings of Arrestments. Sir Thomas Urquhart of Cromertie, knight z-. 
Wm. Meldrum in Stroquharie. Cautioner Wm. Dalgarno of that Ilk. The buildings 
on Stroquharie, wood work and other " fixet wark " were included in the arrestment. 

31. John Gordon of Ilacldo v. Wm. Lawrence in Andat. Cautioner Andrew Barclay 

in Auchreiny. 

George Carnie in the Boig of Crimond and John Hay in Tulliekirie v. Andrew 
Nicolsone in Peterheid. Cautioner Alexr. Leslie, burgess of Abd. 

Judicial Ratification. Isobel Irwing, wife of Alexr. Irwing of Altrie, consented 
to and ratified to wadset of the sun and shaddow pleuches of Over Altrie in the parish 
of Deir in favor of Robert Seton of Mynnes dated the previous day. 

June I. Loosing of Arrestment. Wm. Leask, younger, of that Ilk v. John Sym in 

Belliscamfie and Meattie Fidler, his wife. Cautioner Wm. Sym, tennent and occupiar 
of Saak of Dear. The claim was for 400 merks of rent and 100 merks as the price of 
corn. 

3 2 4 



Judicial Enactments: Vol. IV., Contents 
1632. 

June i. Renunciation and Discharge. Janet Bedie, wife of Alexr. Mitchel, burgess of 
Abd., in consideration of 1000 merks paid to her husband by Wm. Barclay of Ordley 
for the redemption thereof, renounced all her rights to Ouir Ordley in the parish of 
Auchterles. 

4. Loosing 1 of Arrestment. David Philp, as Executor of Duncan Philp, his father 

v. Thomas Fraser, Cordoner in Abd. Cautioner Wm. Fraser, burgess of Abd., father 
of Thomas Fraser. 

6. Renunciation and Discharge. Katherine Rolland, wife of Mr. Wm. Guild 
" ane of the Ordinar Ministeris of the Burghe of Abd.," renounced all her rights to 
Balquhorsie in the parish of Kynnedvart in favor of Win. Dalgarno of that Ilk. The 
lands had been wadset for a sum of 5000 merks, which was now paid up. 

15. Revocation of Deeds granted in Minority. James Abercrombie in Lonheid 

of Bonytoun revoked all deeds done in his minority and specially an obligation for 115 
merks dated August, 1631, in favor of Cristall Irwing, sometime servitor to Alexr. 
Maister of Forbes. 

23. Renunciation and Discharge. Katherine Baird, widow of Alexr. Gordoune of 

Blelak and wife of Robert Gordoun of Haltounc of Drumbulg, renounced her rights to 
the lands of Blelak extending to a half dawache situated in Cromar, in the Lordship of 
Mar and parish of Logic Mar, and also her liferent of the lands of the middle third of 
Culdraine in the Marquisat of Huntlie and parish of Garlly, all in favor of John 
Gordoune, eldest lawful son of John Gordoune, then of Blelak, who was brother and 
heir of the said late Alexr. Gordoune, sometime of Blelak. 

July 3. Loosings of Arrestments. Alexr. Gordon of Tilliegrig v. Wm. Aiken there. 

Cautioners James Aiken, occupier of 12 oxengait of Carnefechill, and Andrew Duncan, 
occupier of 8 oxengait of Ouirhill of Straloch. 

13. Sir George Jonston of that Ilk, Wm. Forbes of Tolquhon, Walter Forbes of 

Thainstoun, John Forbes of Cask, John Forbes of Balnagask and Arthur, Lord Forbes 
v. George Fawsyd, John and Patrick Burnet, Patrick Ferrar, Wm. Ingraham, George 
Smith, all in Tollies, George Walker in Blerindinnie and Henry Layng and James 
Scott in Tailach. Cautioner Patrick Dalgarno in Byth. 

24. Mr. James Forbes of Hawchtoun v. John Robertsone in New Keig. Cautioner 

Arthur Forbes of Balnabroth, brother natural to Arthur, Lord Forbes. Peats in the 
Moss of Meikill Endovie. 

Augt. 15. John Forbes in Pitskaw v. George Glennie and John Henderson there. Cautioner 

James Skeddoway, Wobster in Aid Abd. 

24. Andrew Raitt, eldest lawful son of the late Mr. David Raitt, " Principall of the 

Kingis Colledg of Aid Abd." v. George Andersone in Aid Abd. Cautioner Andrew 
Hoig, burgess of Abd. In security of a claim of 420 merks. 

325 



Aberdeenshire Sheriff Court: 
1632. 

Sept. 8. Loosings of Arrestments. Wm. Smieth in Buchanstoun v. Wm. Heilland 

in Wastbigging. Cautioner George Leith of Overhall of Barnes. 

II. Sir Alexr. Cuming of Culler, knight v. Alexr. Gariauch in Ardo. Cautioner John 

Donald, " occupiar of ane croft of the lands of Auchlownies and of ane halfnetts 
salmond fishing of Ardo." 20 arrested in the hands of Mr. Hew Irwing in Cultis in 
security of claim of 25 merks. 

15. Patrick Leyth of Quhythauch v. Agnes Crag in Buquharne. Cautioner Thomas 

Anderson, burgess of Abd. Crop on the Brewcroft of Mongarrie. 

Octr. 2. Alexr. Lumsden of Clova 7>. George Anderson, indwellar in Abd. Cautioner John 

Anderson, Cordoner, frieman in Abd. 

26. George Gordon, Fiar of Tillaquhowdie v. John Innes in Pettins of Balhelvie. 

Cautioner John Scott, occupier of 8 oxengait of Fawchsyd. 

Novr. 16. James Crichtoun of Frendracht, Dame Elizabeth Gordon, his wife, and others v. 

James Gordun, Merchand at Foirg. Cautioner James Cruikshank, Armorer, burgess of 
Abd. 

17. Discharge of Wadset. George Jonstone, lawful son of the late Thomas 

Jonstone, sometime in Kinkell, renounced his rights over Kirktoun of Monkegie in 
favor of Sir George Jonston of that Ilk, knight baronet. The amount of the loan is not 
mentioned. 

Loosing of Arrestment. Marjorie , widow of Thomas Forbes of 

Glasterberrie v. Andrew Walker of Counteswallis. Cautioner Alexr. Leyth of Countes- 
wallis. 

Renunciation and Discharge. Helen Barclay, wife of Mr. Wm. Lumsden, 
Advocat in Abd., renounced her rights to the lands of Tilliecorthie in the parish of 
Foverne in favor of Mr. James Clerk, son-in-law of Mr. Robert Udny of Lammingtoun 
and Jean Udny, his wife. The Disposition to these parties was dated 13 October 
preceding. 

20. Loosings of Arrestments. John Gordon, elder, burgess of Abd. v. George 

Gordon of Newtoun. Cautioner Patrick Gordoun of Glanderstoun. 

22. Alexr. Forbes of Auchintowll and Marjorie Mortimer, his wife v. Thomas David- 
sone of Graystain. Cautioner Sir George Jonston of that Ilk. 

Agnes Straquhan, widow of James Forbes, burgess of Abd. v. Margaret Blakburn, 
wife of Mr. Andrew Aidie, burgess of Abd. Cautioner John Fraser of Clintertie. 40 
arrested in the hands of Sir Wm. Forbes of Cragywar, knight baronet. 

23. [?] Ewmond Graden in Kinloch and Alexr. Graden, his son v. James Ord in 
Scottistoun and Agnes Graden, his wife. Cautioner Robert Ord in Inverugie. 300x3 
merks of principal and 1000 of liquidate expenses arested in the hands of Sir James 
Gordon of Lesmoir, knight, Sir James Gordon, Fiar of Lesmoir, and Wm. Gordon of 
Brodland. 

326 



Judicial Enactments: Vol. IV., Contents 

1632. 

Novr. 23. Renunciation and Discharge. Katherine Fraser, wife of Thomas Cheyn of 

Raniestoun, renounced her rights to the lands of Raniestoun in the parish of Logy- 
buchan in favor of Alexr. Cheyn, the eldest lawful son of her and her husband. In 
exchange she received a Bond for 500 merks per annum granted by Alexr. Cheyn, her 
son, as principal, and James Cheyn of Arnage as cautioner. 

Deer. 6. Removing. Wm. Tellie at the Auld Milne of Crimond renounced his occupancy 

of Auld Milne in favor of Sir George Jonston of that Ilk. 

7. Loosings of Arrestments. Patrick Crake in Langheaven v. Andrew Harper, 

burgess of Abd. Cautioner David "Reid, Skiner, burgess of Abd. 

13. Gilbert Herwie of Elrick ?>. Margaret Jamesone, widow of Thomas Shannd, burgess 
of Abd., and Wm. Shannd, her son. Cautioner Mr. James Clerk of Tilliecorthie. 

22. Jean Gordon and John Gordon of Craig, her husband, and George Clerk in Pettines 

v. Alexr. Smart at the Kirk of Balhelvie. Cautioner Wm. Craigheid, burgess of Abd. 
The " haill middines and muckfaill cassin or to be cassin " by Smart on the lands of 
Pettines. 

28. Jean Gordon, widow of George Gordon of Coclarachie, and John Gordon of Craig, 

her husband, and Alexr. Smart at the Kirk of Balhelvie v. George Clerk in Pettines. 
Cautioner John Liddell, Cowper, burgess of Abd. The subject of arrestment as in the 
preceding entry. 

1633- 

Jany. 9. Revocation by Married Woman. Margaret Liddell, wife of Mr. Wm. 
Jonstoun, elder, burgess of Abd., made a general revocation of all deeds granted by 
her in favor of her husband and her sisters german Jean and Helen Liddell, and in 
special of a Disposition granted by her and her husband in favor of her sisters, of certain 
tenements " lyand anent the Trinitie Frieris in the said burghe " as done by her to her 
" enorme lesion vi et metu mariti. " 

12. Loosings of Arrestments. James Gordon of Balmurrell v. Elizabeth Seton, 

widow of Wm. Gordon, sometime of Abirzeldie. Cautioner Alexr. Donaldson, 
occupier of 6 oxengait of Kirktoun of Kynnairnie. 58 bolls victual in the hands of 
Alexr. Gordon of Abirzeldie. 

14. John Fraser of Lille Clintertie v. John Aiken in Shethockisley. Cautioner John 
Lumsden, Baxter, burgess of Abd. Corn standing in a cornyard at Stainnievod, some- 
time belonging to James Aiken, the father of John Aiken. 

15. Revocation of Deeds granted in Minority. Alexander Gordoune, youngest 
lawful son of John Gordoune of Tillielt, in addition to a general revocation of deeds 
granted in minority to his hurt, specially revoked Bonds granted by his father as 
principal and himself as cautioner (i) to the late George Forbes of Craigie for 100 and 
(2) to Thomas Gordon, Tailzeor, burgess of Abd., for 

327 



Aberdeenshire Sheriff Court: 

1633- 

Jany. 14. Renunciation and Discharge. Isobel Farquharsone, wife of John Gordoune, 

younger, of Blelok, with consent of her husband, renounced her liferenl of the lands of 
Tulloskeuth in the Lordship of Kildrummie and parish of Invernochtie in favor of her 
father-in-law and her husband. The liferent of the lands had been settled on her by 
Marriage Contract between her father, Robert Farquharsone of Finzeon, and her on 
the one part, and John Gordone, elder, of Blelok, and his son John on the other part. 
By the Contract it was provided that the lady could give up her liferent of Tulloskeuth 
(also spelled in the entry Todriskeuth and Toladdskeuth) whenever she was secured in 
a liferent of the lands of Blelok, which had now been done. Her Renunciation was 
taken at Blelok on 7 January by Robert Gardyn of Tillifroskie, as Sheriff Depute in 
that part, and the witnesses to the signing of the Report of Commission were Robert 
Farquharsone of Fingin, Alexr. Farquharsone, his son, Mr. John Reid, Minister at 
Terlen, and James Fyff, Notary Public, who was also Sheriff Clerk Substitute for the 
occasion. 

Feby. 15. Loosings of Arrestments. Thomas Davidsone in Ardgethin v. Alexr. Forbes 

of Auchentowll. Cautioner Thomas Mortimer, burgess of Abd. 

20. Elizabeth Seton, widow of Win. Gordon of Abirzeldie and Andrew Gray, 

Appearand of Shives v. Thomas Westland, James Towche, James Crystie, John Milne, 
Thomas Crystie and James Donald, all in Bandtuith. Cautioner Mr. Win. Burnet, 
Minister at Kynnairnie, heritable proprietor of Bandtuith. 

Win. Duncan in Frosterhill v. David Moir there. Cautioner Peter Moir, 
Merchand, burgess of Abd. 

26. William and James Bissett " bairnes and executours lauchfullie confirmit " to 
Patrick Bissett, sometime in Auchquhirtin and Alexr. Bisset in Wardes, his brother 
german v. Katherine Milne, the deceased's widow. Cautioner Win. Milne, tennent 
and occupiar of 8 oxengait of Braneill. 

27. Mr. Gilbert Ross, Maister of the Musick Schuil of Aid Abd. v. Alexr. William- 
sone, Baxter, burgess of Abd. Cautioner Edward Walker, Baxter, burgess of Abd. 

Mar. 23. John Leith of Achlie v. Elizabeth Setoun, widow of Wm. Gordoun of Abirzeldie. 

Cautioner Andrew Gray, Appearand of Shives. 58 bolls of victuall " tua pairt thairof 
meill and thrie pairt bear or malt " had been arrested in the hands of Alexr. Gordoun 
of Abirzeldie. [ Vide p. 327 supra]. 

May 9. James Cheyn of Arnadge v . John Burnet in Corss of Mamewlie. Cautioner Wm. 

Burnet in Aid Abd. Buildings, &c., arrested. 

John Forbes, eldest lawful son of the late John Forbes of Byth, Mr. Robert Udny 
of Lammingtoun, his Curator, and Patrick Dalgarno, their Factor v. John Watsone in 
Ovir Tilliemald. Cautioner Robert Irwing of Feddret. 

16. Arthur Forbes in Invernochtie 7;. Alexr. Walker in Nether Ruithwin. Cautioner 

John Walker at the Miln of Auchtercoul. 

328 



Judicial Enactments: VoL IV., Contents 

1633- 

May 23. Renunciation and Discharge. Elspet Smyth, wife of Wm. Lindsay in Burrel- 

daillis, renounced her right to Burreldaillis in the parish of Fyvie in favor of Walter 
Barclay of Tollie. This was obviously the completion of the Discharge of a wadset 
right granted by the late Sir Patrick Barclay for 1600 merks in 1618. 

25. Loosings of Arrestments. George Jhonstoun, elder, burgess of Abd. v. Thomas 

Thomsone, Merchand, burgess there. Cautioner Mr. Alexr. Reid, burgess there. 

27. John Bruce of Chappelltoune of Essilmont and Isobel Cheyne, his wife v. John 
Peirie there. Cautioner James Alleis, occupier of four bollis sawing in Hillheid of 
Mosstoun. Houses, &c., specially arrested . 

28. John Lumsden of Tulliecarne, heritable proprietor of Meikill Maidler v. Patrick 
Dick in Meikill Maidler. Cautioner John Dick, occupier of 8 oxengait of Torphinnis. 

31. John, Earl of Mar, &c., and his Chamberlanes, Baillzies and Factors v. George 

Connon in Maynes of Kildrymmie. Cautioner John Connon there. 

June i. Sir Robert Innes of that Ilk, knight z>. Thomas Ferquhar in Pitfour. Cautioner 

Adam Dalgarno in Brodland. 

3. Gilbert Hervie of Elrick v, Margaret Jamesone, widow of Thomas Schand, burgess 
of Abd., and Alexr. and Wm. Schand, her sons. Cautioner Thomas Barnatt, 
Merchand, burgess of Abd. The buildings on Brounhillis. 

4. Removing. John Tilliry, occupier of the North Syd of the Mylne of Boigholl in 
the parish of New Sanct Macher, bound himself to remove at Whitsunday in favor of 
Gilbert Johnstoun of Frosterhill. 

Loosings of Arrestments. Mr. James Forbes of Hauchtoun v. Duncan Geills 
in Smydihill. Cautioner John Renye in Cairnecoysche. 

5. Patrick Leyth of Montgarioch z>. Wm. Meanie in Braetoun. Cautioner Alexr. 
Andersone, Merchand, burgess of Abd. 

6. John and William Cormock in Daviot v. John and Wm. Andersone in Ardoyn, 
who were cautioners for each other. 

[A page missing.] 

Renunciations and Discharges. In three separate entries Dame Elizabeth 
Forbes, wife of Sir George Jonstoun of that Ilk, renounced her rights to and consented 
to the wadset of (i) Ouirtoun of Dyce in favor of Mr. Andrew Skeyn in Ouirtoun of 
Dyce and Margaret Forbes, his wife, (2) Standenstaines of Dyce in favor of Alexr. 
Anderson, tennent and occupiar thereof, and (3) Sleipiehillock in Dyce in favor of Mr. 
Patrick Chalmer, Sheriff Clerk of Abd., and Helen Anderson, his wife, the longest 
liver of them and of the heirs of the marriage, &c. 

TT 329 



Aberdeenshire Sheriff Court: 

1633- 

June 18. Loosings of Arrestments. Sir Wm. Forbes of Craigivar v. John and James 
Simsone and others in Balliziestoun. Cautioner Robert Andersone, Baillzie of Kintoir. 
Peats in moiss of Lamingtoun. 

July 3. Alexr. Stewart, burgess of Abd., as Tutor, by reason of his furiositie, to Mr. David 

Andersone of Finzeauch v. Mr. Thomas Gordoun of Pettendreiche. Cautioner James 
Gellane, occupier of 4 oxengait of Glentoune. Peats in the moiss of Finzeauch. 

9. Patrick Forfor in Haddo v. Alexr. Michell in Ratre. Cautioner John Gordoun of 

Brodland. 

15. Mr. James Forbes of Hauchtoun v. Patrick Leith of Quhythauch. Cautioner John 
Renyc, occupier of 4 oxengait of Cairnecosche. Peats in the moss of Meikill Endowe. 

Mr. James Forbes of Hauchtoun v. Mr. John Grigorie, Minister at the Kirk of 
Drumaock, and Jean [?] Guild, widow of David Andersone of Finzeauch. Cautioner 
James Andersone, burgess of Abd. 

1 6. Duncan Chrystie in Haltoun of Skein v. Robert Wat in the Manes of Cluny. 
Cautioner Alexr. Kar, indwellar in Abd. 

17. John Leslie, elder, of Pettcapill v. Win. Senzeour in Daviot. Cautioner Wm. 
Weislie, occupier of 8 oxengait of the Kirktoun of Daviot. 

Augt. 2. Mr. Wm. Johnstoun, elder, burgess of Abd., and Margaret Liddell, his wife v. 

Wm. Moir in Ferrehiil and Patrick Gib, burgess of Abd. Cautioner Samuel Messone, 
burgess of Abd. 

15. Robert Irwing of Feddret v. Patrick Stewart, sometime in Quhytsteanes. 

Cautioner James Prait at the Mylne of Laithris. 

23. John May of Crimonmogat v. Wm. Robertsone in Edny and Christeane Massie, 

his wife. Cautioner John Browne, Merchant, burgess of Abd. 

26. Renunciation and Discharge. Barbara Forbes, wife of Doctor William Jonston, 

Doctor of Medicine, renounced her rights to (i) Boynds in the barony of Caskieben 
and (2) Porlerstoun on the south syd of the Water of Urie and others in favor of Sir 
George Jonstoun of that Ilk. 

Sept. 12. Loosings of Arrestments. John Connand, elder, in Nather Kildrymmie and 

Cristian Smyth, his wife v. Alexr. Forbes in Ballabeg and John Forbes, his brother. 
Cautioner John Forbes in Craig. 

17. Mr. Wm. Selon, Minister at the Kirk of Methlick v. Isobel Burnet, widow of Mr. 
Adam Reid, sometime Minister there. Cautioner John Williamson, burgess of Abd. 
The corn crop standing on the Gleib. 

1 8. Arthur Forbes of Eight and Wm. Forbes at the Myln of Eight v. Patrick Forbes 
in Mylnbuith. Cautioner Mr. Robert Farquhar, burgess of Abd. 

330 



Judicial Enactments: Vol. IV. , Contents 
1633- 

Sept. 27. Loosings of Arrestments. Lenart [Leonard] Leslie, burgess of Abd. v. Sir Alexr. 

Cuming of Coulter. Cautioner Robert Ross, Tailzour, bargess of Abd. Six barrels of 
salmon and 300 merks arrested. 

28. Win. Thome in Slipiehillock v. Lawrence Ronaldsone. Cautioner Wm. Schiras, 

occupier of 4 oxengait of Waltoun. 

Octr. 2. Wm. Keyth in Garlogie v. James Mitchell at the Myln of Cursinday. Cautioner 

Patrick Scot, Notar Publict at the Kirk of Midmar. 

Patrick Leyth of Quhythauch v. Mr. James Forbes of Hauchtoun and James Boner 
in Owirhauch. Cautioner Thomas Davidsone of Graysteane. A dispute about the 
ownership of two rigs of lands of the hauches of Montgarie. 

3. Alexr. Forbes of Auchintoull v. Thomas Davidsone of Graysteane and others. 

'Cautioner John Forbes of Bankheid of Towie. 

8. Renunciation and Discharge. Isobel Dowglas, wife of Alexr. Donaldsone, 

Merchand, burgess of Abd., eldest lawful son of the late James Donaldsone, burgess, 
renounced her rights to the sunny and shadow halves of Blairtoun in Belhelvie in favor 
of Mr. Wm. I umsden, Advocat in Abd., and Helen Barclay, his wife. 

14. Loosings of Arrestments. Alexr. Banerman of Elsick v. Wm. Fergowsone in 

Cowlter. Cautioner Andrew Irwing, burgess of Abd. 

18. Helen Forbes, widow of Mr. James Elphinstoune of Bairnes v. John Forbes of 

Culquehich. Cautioner Wm. Reid in Deskorie. 



331 



Illustrative Example taken from Vol. IV of Judicial Enactments 

Birth Brieve 

(16 Octr. 1628) 

The said dayc In presens of the Shref deput forsaid Comperit Johne 
Watson in Crabstoun James Thome thair Walter Sklett in Sklettie & 
Ritchart Watsone burgess of Abd and being sworne deponit that they 
knew umqll Johne Gordoun merchand & travellar within the dominion 
and kingdomc of Swain 1 within the Toun of Copperberrie 2 To haive 
bein sone natural repute & haldin & procreat betuixt Johne Gordoun 
sumtyme of Lastis now of Craibstoun and Elspet Keyth his mother and 
brother on the father syd procreat as said is to James Gordoun fiar of 
Craibstoun eldest lawfull sone to the said Johne Gordoun of Craibstoun 
Quairunto the Shref deput of Abd Interponit his authentic And thairupon 
Thomas Merser notar publict in Auld Abd in name of the said James 
Gordoun tuik Act & Instrument 

Mr ALEXR. PAIP 

Mr ANDERSONE ShrefT deput 

Shreffe Clark of Abd. 



1 Sweden. 

2 A Swedish town near which are copper mines, which were much wrought in I7th century. 

332 



The Diet Books: Vol. X., J629-J634. 

No Diet Book proper has survived, embracing the period from 1620 
to 1629, the only Court Books which we have for these years being 
Minute Books of Judicial Enactments. On the other hand, no less than 
three different Court Books are in existence covering the greater portion 
of the years 1631, 2 and 3, viz., this Diet Book, a book of Decrees and a 
volume containing Judicial Enactments. In none of these, strange to 
say, have we the record of a single service, or of any criminal trial. The 
Diet Book, with which we are now dealing, contains a number of signa- 
tures, and must, therefore, have been kept in Court. It is a fairly large 
volume about 350 closely written pages with frequently six or seven 
entries on a page but it has been found impossible to deal with more 
than a fraction of the contents. The great bulk of the entries are Court 
enrolments in civil cases, each entry stating the object of the enrolment, 
with a jotting on the margin of the Interlocutor pronounced. The 
appearance of the entries strongly suggests that, as at present, the roll 
for each particular Court was written up beforehand and the marginal 
jottings made in Court at the Clerk's table. Although cases seem to 
have been enrolled on other than the regular court clays, it is plain from 
this, as well as from other volumes that the Court sat for ordinary civil 
business twice a week on Wednesday and Friday as at present. It was 
no uncommon thing at this period for the Sheriff Principal to take his 
seat on the bench for the disposal of the ordinary business of the Court 
Sheriff (afterwards Sir) Thomas Cromby of Kemnay, showing very 
special attention to this part of the Sheriff's duty. 



333 



Table of Contents of Vol. X. of Diet Books 

1629. 

June 3. Discharge of Cautioner. John Andersone, Cordiner, discharged Ronald Chessor, 

burgess of Abd., who had been cautioner for John Chessor, Andersone's apprentice. 

13. Revocation of Deeds granted in Minority. Wm. Wicht, son of the late 
James Wicht in Knappis of Straloch, in addition to a general revocation, specially 
revoked certain rights granted by him in his minority, whether as an individual or as 
Tutor or Curator to his sisters, in favor of George Cheyne in Kinghorne. 

July 31. Fiars Court. The Lammas Court for crop 1628. 13 Jurors, of whom Patrick 

Gordoune of Gordonsmiln was one and also Chancellor. 

Augt. 12. Appointment of Mairs Depute. Robert Merser, Mairof Fie, presented George 

Mackiesone, Messenger, and George King in Auld Abd. as deputes to him, who were 
admitted and sworn in by the Sheriff depute. 

Octr. 6. Head Court. Parliamentary Election. The usual long list of Absent Barons 
and Freeholders, who were fined ^"50 Scots each. A number of suitors admitted. A 
list of 24 Barons present, who elected Thomas Erskein of Balhagardie and Thomas 
Crombie of Kemnay as their commissioners, with an allowance of 600 merks each for 
attendance at every Parliament and 200 merks for attendance at every General Con- 
vention. Sir Alexander Cuming of Culler and Alexander Seattoune of Petmedden 
were appointed " taxteris stentars and collectours " of these allowances. Wm. 
Gordoun, Fiar of Knokaspok, one of the old Gordon regime of Sheriff deputes 
presided. 

Appointment of Mairs Depute. John Davidsone, indwellar in Abd. and John 
Fullertoune at the Kirk of Bathelnie presented and sworn. 

Deer. i. Appointment of Sheriff Principal. Sir Alexr. Irving, younger, of Drum, 

having been appointed Sheriff by the King, his acceptance and oath were this day taken 
by Patrick Forbes, Bishop of Abd., who had a special Royal Commission for the 
purpose. 

2. Appointments of Sheriffs Depute and Fiscals. Sir Alexr. Irving, the 
Sheriff Principal, appointed John Keyth of Glakreauche as principal Sheriff depute and 
in his absence Mr. Wm. Davidsone, Advocate, and Mr. Alexr. Paip and Alexr 
Thomsone, Advocates in Abd. Mr. Wm. Barclay, Advocate in Abd., was appointed 
Procurator Fiscal in civil and penal actions, and Mr. Alexr. Gardyne, Procurator Fiscal 
in " criminal and capitall actiones." All were present and accepted office except Mr. 
Davidsone. 

334 



Diet Books: Vol. X., Contents 



1629. 

Deer. 2. Action for Rent. Sir Alexander Irving and Dame Magdalein Scrymgeour, his 

wife v. Tenants of Ruthven. This was a diet of proof presided over by John Keyth of 
Glakreauche, who had immediately before been placed on the bench by Sir Alexander 
Irving. 
1630. 

Jany. 12. Head Court. 89 Barons and Freeholders fined ,50 each. 

Feby. 22. Court of the Sheriffdoms of Aberdeen, Kincardine and Forfar and of 
the Regality of St. Andrews. The entry is not filled in, but the Sederunt bears 
that Mr. William Davidsone " Advocatus coram Dominis Consilii et Sessionis " held a 
court in virtue of a commission under the Great Seal dated 16 January of this year. 

24. Nature of Action not disclosed. John Cuschnie v. Isobel Forbes, Ladie Wasloune. 

At this diet the following were designed as those who had witnessed the document 
which was challenged by the Defender, viz., the Pursuer, John Fraser, Chirurgeon in 
Newtoune of Culsalmond, Alexr. Andersone, burgess of Abd., the Pursuer's brother-in- 
law, Wm. Diak, servitor to Wm. Spens and James Spens and James Leask, Adillman, 1 
at Auld Wasthal!. A consignment of 20 was ordered on 3 March but an advocation 
was then intimated. 

April 6. Head Court. List of Absents fined ,50. 

July 6. Revocation of Deeds granted in Minority. John Downie, son of the late 
Wm. Downie, Wricht in Banchorie Trinitie, in addition to a general revocation, 
specially revoked an Indenture by which he had become bound to " John Blak, Wricht 
in Dundie," and the penalty and other clauses contained in it, as having been done in 
his minority to his hurt and prejudice. It would appear that the Indenture had been 
constituted by a judicial act in the Baillie Court of Dundee. 

8. Removing. William, Earl Marischal v. James Setounc and Alexr. Ronaldsone. 

in Liddauche. 

14. Judicial Discharge. Wm. Tail/eour in Daverne acknowledged that he had been 

paid 100 merks due to him by the deceased James Chessor in Glasgow 2 and discharged 
Ronald Chessor, burgess of Abd., and the other children of the deceased. 

31. Fiars Court. 12 Jurors. 

Augt. II. Factory. Andrew Burnet, burgess of Abd., as Baillie appointed by John Inglis 

and Wm. Dick, Merchants and burgesses of Edinburgh, over the lands and barony of 
Grandoun, appeared and accepted office. He appointed Andrew Burnet, younger, and 
Alexr. Burnet, younger, burgesses of Abd., to be his sub-baillies, Mr. Andrew Clerk 
and John Hunter, Notaries, to be his clerks, John Mackie, Alexr. Sandiesone and 
John Davidsone to be his officiars conjunctlie and severally and David Maitland, 
Dempster. There was produced a dispensation allowing the Baillie to hold courts upon 
the lands during vacation. 

i. Not found elsewhere. Possibly the man in charge of the dung court or receptacle for 
liquid manure. 

2. The place now known as Glasgow-ego, was formerly frequently called " Glasgow," 
"Glasco"and "Glascha." 

335 



Aberdeenshire Sheriff Court: 

1630. 

Octr. 5. Head Court. Parliamentary Election. Sir George Johnestoun, knight, 
baronet, presided as Sheriff Principal while Sir Alexr. Irving of Drum, knight, and 
Wm. Forbes of Tolquhon were elected. The allowances on this occasion were 400 
merks each for attendance at a Parliament and 300 merks for attendance at a general 
Convention. Alcxr. Seattoun of Petmedden and John Seattoun of Mynnes were 
appointed " Taxtars, Stenters, and Collectours." 

7. Appointment of Sheriff Deputes. Sir George Johnestoun, the Sheriff Principal, 

appointed Thomas Johnestoun of Craig as principal Sheriff depute and John Mackie- 
sone in Inverurie to be a Sheriff depute until they were discharged. 

Deer. I. Appointment of Sheriff Clerk Deputes. Mr. Patrick Chalmer, styling himself 

Sheriff Clerk, but with consent of Mr. Wm. Andersone, who doubtless had still some 
claim on the orifice, appointed John Hunter and Mr. John Chalmer to be his deputes 
during his pleasure. 
1631. 

Jany. II. Head Court. Thomas Johnestoun of Craig, as Sheriff depute, presided. Absents 

fined ^50. 

14. Removing. Margaret Jamesone, widow of Thomas Schand, burgess of Abd., and 

Wm. Schand, her son v. Alexr. Wentoune in Brounhillis in the parish of New Sanct 
Machar. Wentoune acknowledged himself bound to remove at Whitsunday. [Supra 
P- 32I-] 

19. Nature of Action not disclosed. Alexr. Mengzeis, brother german to Thomas 

Mengzeis of Balgonie v. Adam Smythe in Parvinnes, Thomas Watsone in Siluerburne, 
Thomas Gibsone in Murcour, Patrick Hendersone in Buckie, Alexr. Bennett in Berrie- 
hill, Robert Hendersone in Denstoune, Gilbert Kempt, Flescher in Abd., and Hectour 
Still in Murcour for his interest. 

April 15. Removing. Francis, Earl of Erroll and William, Lord Hay v. Patrick Hepburne 

of the Lytill Mylne of Essilmonth. Hepburne renounced his occupation of the sunny 
plough of Carnehill in the parish of Ellone from Whitsunday next. 

19. Head Court. Thomas Johnestoun presided. No sentence of fine recorded. 

June 15. Nature of Action not disclosed. John Gordoun of Haddo v. Robert Johnestoune 

in Tarves. Advocation produced. 

July 13. Appointment of Sheriff Depute. The Sheriff Principal appointed Mr. James 

Irving, Advocate in Abd., to be a Sheriff depute. 

26. Removing. William, Earl Merschall v. James Seytoune, sometime in Liddauche 

of Skene, renounced his possession of the fourth part of Liddauche in obedience to a 
Decree of Removing at the instance of the Earl. 

30. Fiars Court. 12 Jurors. 

Octr. 4. Head Court. Parliamentary Election. Alexr. Forbes of Petsligo presided as 

Sheriff Principal, while Sir Alexr. Irving and Thomas Crombie of Kemnay were elected 
Members of Parliament. The other arrangements were identical with those of 1630. 

33 6 



Diet Books : Vol. X., Contents 

1631. 

Octr. 4. Discharge of Sheriff Clerk Deputes. Mr. Patrick Chalmer, Sheriff Clerk, 

discharged John Hunter and Mr. John Chalmer until they should be of new admitted. 

6. Lawborrows. John Leith of Ilarthill and Patrick Leith of Montgarrie bound 

themselves to keep the peace towards each other under penalty of 1000 merks each. 

Novr. 2. Appointment of Sheriffs Depute. Alexr. Forbes, younger, of Boyndlie, 

appointed until 6 September, 1632, and Mr. James Irving, Advocate in Abd., appointed 
to act in his absence and that of the Sheriff Principal, but that only during the pleasure 
of the latter. 

Appointment of Procurator Fiscal. Mr. Alexander Davidsone, Advocate in 
Abd., appointed during pleasure. 

1 8. Admission of Mairs Depute. Lancelot Leslie, Alexr. Watsone, Messenger, 

John Davidsone, Wm. Gray, Wm. Mengall, George Marline in Kynnadie, James 
Cuschnie, Notary, and Thomas Robertsone were presented by the Mair of Fee and 
admitted and sworn by Forbes and Irving sitting together as Sheriffs depute. 
1632. 
Jany. 10. Head Court. Absents fined ,50. 

Mar. 21. Removing 1 . William Abercromby at the Miln of Durno renounced his possession 

thereof in favor of Sir John Leslie of Wardes, knight, baronet, Sir Alexr. Gordoun of 
Clunie, knight, baronet, Mr. Wm. Davidson of Ord or either of them having best right 
thereto. 

April 10. Head Court. Absents fined ,50. 

July 5. Revocation of Deeds granted in Minority. John Barrack at the Cobill of 
Ardlethin generally revoked deeds granted by him in minority to his hurt, and specially 
his obligation as cautioner for John Innes in Craigben in a suspension raised by him 
against Wm. Innes of Tippertie. 

31. Fiars Court. The Jury numbered 13, who are for the first time termed " persones 

of Inquest," there being in this case also an interlocutor signed by Patrick Gordoune 
of Gordonsmiln, the Chancellor of the Jury, and by the Sheriff depute. 

Octr. i. Appointment of Sheriff Principal. At a sitting in the Bishop's Palace, 

Alexander Forbes of Petsligo presented his commission from the Privy Council as 
Sheriff for a year. The oath dc fideli was administered by the Bishop, who signed the 
entry. 

2. Head Court. Parliamentary Election. Sir Alexr. Irving and Thomas Crombie 

were again chosen by the barons present, who numbered 13 including themselves. 
Other arrangements as in 1630 and 1631. 

Appointment of Sheriffs Depute and Fiscal. Alexr. Forbes, younger, of 
Boyndlie appointed Sheriff depute for one year. In his absence, Mr. James Irving 
during pleasure. Mr. Alexr. Davidson to be Procurator Fiscal for a year. 

vu 337 



Aberdeenshire Sheriff Court 

1633- 

Jany. 8. Head Court. Absents fined ^50. 

Mar. 27. Judicial Obligation. John Wallace in Colfuird bound himself to pay to Alexr. 
Cuming, burgess of Abd., ^5 for 5 firlots of bear. 

April 30. Head Court. Absents fined ,50. 

July 26. Lawborrows. Win. Troupt in Hospitall v. Wm. Gib, Gardener in Abd., 

et e contra. Thomas Lumsden, burgess of Abd., was cautioner for Gib and Alexr. 
Yuill, flesher, burgess of Abd., for Troupt. 

31. Fiars Court. The Jury numbered 13. 

Augt. 7. Appointment of Sheriffs Depute. The " Richt ITonll." Thomas Crombie of 
Kemnay, sitting as Sheriff Principal, appointed Mr. Wm. Davidson of Ord and Mr. 
James Irving, Advocate in Abd., to be Sheriff deputes during pleasure and Mr. Alexr. 
Davidson to be Fiscal. 

14. Renunciation. Patrick Findlay in Newburghe renounced a croft in the midst of 

the crofts of Newburgh in favor of John Lichtoun, Skipper, burgess of Abd., to whom 
it belonged. 

30. Appointment of Sheriff Depute. Wm. Cordoner, Advocate in Abd., appointed 

during pleasure and sworn in. 

Sept. 17. Conveyance of Crop and Stocking by Tenant to Landlord. Duncan 
Broune in Kynmundie ratified a previous conveyance and of new disponed to his land- 
lord " the Richt Worshipfull " Sir Paul Meinzies of Kynmundie, his whole crop growing 
on Boddomes, and also " ane blak hornit ox with ane brandit hornit kow ane uther 
broune hornit kow with ane pyat mear sewin heids of sheip thaircf four quhyt yewis & 
thrie breukit yewis." He did so in payment of " threttie sex merks borrowit monie" 
and in security for the plenishing of four oxengait land let to him by Sir Paul for crop 
I633- 

Octr. i. Head Court. Parliamentary Election. On this occasion no fewer than 34 

Barons were present. Their choice fell on Gilbert Meinzies of Pitfoddellis and Alexr. 
Seton of Pitmedden. The sums fixed for expenses at Parliaments and Conventions 
were 500 and 300 merks respectively. Alexr. Udny of Ochterellon and John Seton of 
Mynnes were appointed taxters, &c. 

2. Appointment of Mair Depute. Mr. Alexr. Bisset, Minister at Briechin and 

Mair of Fie, presented Alexr. Dawnie in Kemnay as a depute to him, who was admitted 
and sworn in. 

Admission of Advocates in Aberdeen. The Sheriff Principal (Cromby of 
Kemnay) admitted 16 Procurators to practise as Advocates in the Sheriff Court, and 
discharged all others from doing so until first lawfully admitted. 

Deer. 20. Appointment of Sheriff Clerk Depute. Mr. Patrick Chalmer, Sheriff Clerk, 

appointed Alexr. Thomsone, Advocate in Abd., to be a Sheriff Clerk Depute. 
1634. 
Jan. 7. Head Court. Absents fined ,50. A list of Barons present is given numbering 16. 

338 



Illustrative Examples taken from Vol. X. of Diet Books 

Revocation of Indenture 

(6 July 1630) 

The said day compeirit Johne Dovvnie sone to umquhill Wa Downie 
sumtyme in Banchorie Trinitie vvricht thair and of his avvin frie motiwe 
will oncoactit or compcllit certiorat of his awin richt for his awin weill 
utilitie and profeit reuockit and past fra all and quhatsumeuer bands 
obligationcs judiciall actis and utheris quhatsumeuer writtis maid or 
subscriuit be him to his hurt and preuidice to quhatsumeuer persone or 
personis and in speciall ane act or band maid & subscriuit be him in 
presens of twa bailleis of the burgh of Dundie & clerk of the same 
conteining the sowme of ane hundrethe punds usuall monie of this 
realme in caice it sould happin the said Jon Downie to brak ony poynt 
of the Indentour past betuixt him and Jon Blak wricht in Dundie his 
maister And siclyk reuockit the haill poyntis articles clausis and 
conditionis of the said Indentour sua far as he is oniewayes astrict 
bund & obleist thairin to the said Jon Blak his maister And that 
becaus the said Jon now being within the aige of tuentie ane yeirs 
reuockit the samen in respect the samen was done to his hurt & 
preuidice Quhairupone the said Jon Downie tuik act of court and 
instrument 

Mr AL PAIP 

Shref deput 
JOHNE DOWNY 

with my hand 

Appointments of Sub-Bailzies, Factors, &c. 

(11 Augt 1630) 

The said day compeirit Andrew Burnet burges of Abd bailzie 
constitut be Johne Inglis merchand burges of Edr for himselff and 
haueing power of Wa Dick merchand comburges of the said burgh be 
vertew of ane factorie and commissioun gevin and grantit to the said 
Androw be the said Jon Inglis of the dait the secund day of July i m sex 
hundreth threttie yeirs With power to the said Androw to creat sub- 
baillzeis deputis clerks officiars and all uther memberis of Court for 
haulding of Court or Courtis ane or ma upone the lands and barronie 
of Grandoune comprehending the landis of Grandoun Ower and Nether 

339 



Aberdeenshire Sheriff Court: 

Perslcis with the corn and walkmylnes and salmond fishing on the 
Watter of Done belanging to the saids lands & barronie with the mylne 
mylne lands multurs scquells and knawshepis of the saids mylnes togidder 
with the tour fortalice maner place of Grandoun and siclyk upone the 
saids [lands] of Denstoun and Corthiebuck alias Ailhous croft with the 
preuiledgis of brewing belonging thairto with the houssis biggings yairds 
toftis croftis partis pendicles & pertinentis thairof lyand within the 
parochin of Sanct Machar and Shrefdome of Abd for payment making 
to the said Androw as factor and chamberleane to the said Johne Inglis 
for himselff and in name of the said Wa Dick of the mealls fermes keanis 
customes casualities and utheris clevvteis of the said lands and utheris 
aboue specifeit addettit be the tennentis and occupiars of the saids 
lands mylnes & utheris respectiue aboue mentionat of the yeirs and 
termes bygaine and to cum conforme to the said factorie of the dait 
forsaid And the said Androw Burnet being personalie present according 
to the said factorie acceptit the said office of baillzierie and factorie in and 
upone him gave his aithe de fideli administratione And haueing power 
to creat sub bailzeis deputs clerks & officiars according to the tenour of 
the said factorie electit nominat and chuisit Androw Burnet younger 
burges of Abd and Alexr Burnet younger comburges of the said burgh 
his sub bailzeis Mr. Androw Clerk and Jon Hunter notar publict his 
clerks Jon Mackie Alexr Sandcsone and Jon Dauidsone officiars con- 
junctlie & seuerallie and Dauid Maitland dempster" qua being personalie 
present acceptit the saids offices respective in and upone thame & gave 
thair aithes dc fideli administratione quhairupone the said Androw 
Burnet tuik act of court and instrument And siclyke the said Androw 
Burnet producit ane dispensatione of the Lords of Counsell and Sessioun 
for haulding the Court or Courtis ane or ma upone the said lands for 
payment of the maills fermes & utheris respective aboue writtin 
nochtwithstanding of the clois and feriot tyme unto the fiftein day of 
August nixt to cum quhairupon siclyk the said Androw tuik act & 
instrument 

AL THOMSONE 

Shref deput 

A Case of Lawbotrows 

(6 Octr 1631) 

Compeirit Jon Leythe of Harthill and Patrick Leythe of Montgarrie 
and band & obleist tham hinc inde that they sail onnawayes trouble nor 
molest utheris in thair bodeis guidis nor geir directlie nor indirectlie 
uther wayes nor be ordour of law and justice bot sail keip his Maiesties 



Diet Books: Vol. X-, Illustrative Examples 

peace everie ane with ane uther and that under the pain of ane thousand 
merks ilk ane of tham and that at command & directione of the said 
Shreff principall [Forbes of Petsligo] scing appeirance of trubill 

JOHNE LEITIIE 
P LEITII 

Appointments and Admissions of Sheriffs, Court Officials and 
Members of Bar 

I. 

(i Dec 1629) 

The said day compeirit ane reverend father in God Patrick Bishop 
of Abd haueing in his hands ane Commissione direct to him fra the lords 
of his Maiesties Secret Counsell for receaveing of the aithe of Sir Alexr 
Irving Younger of Drum Knyt for the faithfull discharge of the office of 
Shrefship of Abd under the subscriptioune of James Prymrous Clerk of 
his Maiesties Secret Counsell daited at Halyruidhous the auchtein day 
of September last bypast And siclyke haueing in his hands ane Com- 
missione and gift of the said office of the Schirefship direct to the said 
Sir Alexander under his Maiesties gryt seil of the dait aboue wrcittin 
Quha requierit the said Sir Alexr personallie present in judgement give 
he wauld accept the said office of Shreffship in and upoune him and give 
his aithe de fideli administratione thairof And the said Sir Alexander 
according to the directioune of the said Commissioune of our said 
Souerane Lord acceptit the said office in and upone him according to 
the tenour and power of the said Commissioune dureing the spaice 
thairin contenit quhairupone the said reverend father tuik act of court 
and instrument 

II. 

(2 Deer 1629) 

The said day the Shreff forsaid [Sir Alexr Irving] constitut and 
creat Johne Keythe of Glackreauche principall deput & Mr James 
Irving Mr Alexr Paip and Alexr Thomsone Aduocatis in Abd & Mr 
Wa Dauidsone his Shreff deputis of the said Shrefdome coniunctlie & 
seuerallie ay and quhill they be lachfullie discharget and the saidis Jon 
Keythe Mr James Irving Mr Alexr Paip and Alexr Thomsone being 
personalie present acceptit the said office of Shreff deputs in and upone 
thame & gave thair aithis de fideli administratione 

[Then follows what seems to be a corrective entry] 



Aberdeenshire Sheriff Court: 

The said day the Shref forsaid constitut and creat Johne Keythe of 
Glackreauche principall Shreff deput of the Shrefdome of Abd and in his 
absence Mr Wa Davidsone Aduocat Mr Alex Paip and Alexr Thomesone 
Advocatis in Abd coniunctlie & seuerallie Shreff deputis of the said 
Shrefdome in absence of the said Jon Keythe principall deput and the 
saidis Johne Keythe Mr Alexr Paip and Alexr Thomsone being 
personalie present acceptit the said office in and upone tham and gave 
thair aithes de fideli administratione Siclyk the Shref forsaid constitut 
and creat Mr Wa Barclay Aduocat procuratour fiscall of the said 
Shrefdome in civill actiones and penall allanerlie and Maister Alexr 
Gardyne procuratour fiscall siclyke of the said Shrefdome in criminall 
& capitall actiones allanerlie qua being personalie present acceptit thair 
saidis offices .in and upone thame gave thair aithes de fideli adminis- 
tratione quhairupone the saidis deputis and procuratour fiscalls foirsaids 
respective tuik act of court and instrument 

ALEXR IRWIN 

Schereff off Abd 

III. 

At Auld Abirdein within the Bishopes palace thairin upone 
the first day of October i m vi c threttie and tua yeiris in 
presens of ane reverend father of God Patrick be the mercie 
of God bishope of Abirdein ane of the Lords of his Maiesties 
most honorabill Privy Counsel 1 

Compeirit ane honorabill man Alexander Forbes of Pitsligo Sref principall 
of Abirdein nominat for the ycir to come and presentit to the said reverent 
father in God ane Commissioune writtin to the great seall with ane warrant 
direct frome the forsaid Lords of Privie Counsell under the signe and 
subscriptione of James Prymrois Clerk thairto for taking of the aithe of 
the said Alexr Forbes of Pitsligo for the faithfull discharge of the said 
office of Sreffschipe within the bounds of the Srefdome forsaid during 
the said space Conform to the quhilk warrant the said reverent father 
tuik the said Alexr Forbes of Pitsligo his solemne oathe for faithfull 
administratione and discharge of the said office of Schirefschip within 
the bounds of the Srefdome of Abirdein during the said space quha 
acceptit the said office in and upone him conforme to the warrant and 
commissione granted thairanent of the dayt the fyft day of September 
last bypast in all poynts Quhairupone the said Alexr Forbes of Pitsligo 
askit and tuik instruments 

Pa Aberdene 
342 



Diet Books: Vol. X., Illustrative Examples 

IV. 

(2 Octr 1632) 

The said day the Shref Principall forsaid [Forbes of Pitsligo] electit 
nominat and chuisit Alexr Forbes Yor of Boyndlie he being present to 
be Shref deput of the Shrefdome of Abirdein for the space of ane yeir 
and in absens of the said Alexr Forbes Yor electit nominat and chuisit 
Mr James Irwing Shref deputt of the samen Shrefdome aye and quhill 
he war lauchfullie dischargit be the said Shref Principall Lyk as the 
saids Alexr Forbes Yor and Mr James Irwing acceptit the said office in 
and upon them and gaiv thair aithes de fideli administratione in the said 
office And sicklyk electit and chuisit Mr Alexr Davidson Procuratour 
Fiscall for the said space of ane yeir nixt eftir the daite heirof quha also 
acceptit the said office and gaiv his aithe de fideli administratione 

Petsligo 
V. 

(7 August 1633) 

The said day the Shreff principall forsaid [Cromby of Kemnay] 
electit nominat and chuisit Mr Wm Davidsone of Ord and Mr James 
Irwing Advocat in Abd coniunctlie and seuerallie to be Shref deputtis 
of the Shrefdome of Aberdein during the said Shreff principall his pleasur 
And the saids Mrs James & Wm being personallie present acceptit the 
said office in and upon them gaiv thair aithes de fideli administratione 
thairintill And sicklyke electit and chuisit Mr Alexr Davidson Advocat 
in Abd to be procuratour fiscall within the said Shrefdome during 
Lykas the said Mr Alexr being also present acceptit the said office in 
and upon him gaiv his aithe de fideli administratione thairintill 

VI. 

Admission of Advocates in Aberdeen 

(2 Octr 1633) 

The quhilk day the Shref Principall forsaid [Cromby of Kemnay] 
causit call and convein befoir him the persones particularlie following 
quha ar the ordinar advocates and procuratores of this judicatorie and hes 
bein in use to procuir in all causes They ar to say Mr Alexr Irwing 
Mr Williame Barclay Mr Williame Lumsden Mr James Irwing Mr 
Alexander Davidson Mr George Andersonc Mr Alexander Reid Mr 
Alexr Paip Mr Robert Reid Alexander Thomsone Mr Alexr Gardyn 
George Middiltoun Williame Cordoner John Hunter Mr Andrew Clerk 

343 



Aberdeenshire Sheriff Court 

and George Merser Quhilkis persones being all personallie present and 
the Shreff understanding of thair abilitie honestie and judgement to 
continow as memberis ordinar advocates and procuratores of this seat 
The said Shreff be wertew of his office and authoritie Resaiwit and 
Admittit them and everie ane of them to that place and priviledge and 
causit them all to be solemlie svvorne for thair dew obedience and 
reverence to the seat and for faithfull and trew useing and discharging 
of thair place and charge and for obseruing of sick guid and laudabill 
lawes actes statutes and ordinances as sould be sett down and prescrywit 
And farther the said Shref Declairit and Ordainit and expreslie dis- 
chargit all uther persones quhatsumcwir of all libertie or priviledge to 
compeir or procuir befoir the Shref or his deputtis at any tyme heireftir 
in quhatsumcwir caus or to tak upon them to be advocates or pro- 
curatores except they be first lauchfullie admittit be the Shreff and his 
license and libertie purchessit ghvin and grantit to that effect. 



344 



The Decree Books: VoL ffl., J63J-34 

This is a very large volume of some 560 pages, and it is complete, 
except that a couple of leaves are awanting at the beginning. The 
leaves had been either at the time of writing or at some subsequent 
period numbered up to folio 228, but no farther. The first legible date 
is 9 November 1631, and the last 29 March 1634. Curiously, however, 
at the very end of the volume there is entered a Decree of 5 June 1629. 
How it came to be there must remain unexplained, but a place has been 
found for it at the beginning of the subjoined Table of Contents. The 
entries are, taken as a whole, of the same character as those in Vol. II. 
of the Decree Books, being a mixture of Decrees and Interlocutory 
procedure. The whole of the Decrees have been abstracted arid a con- 
siderable number of the other entries have been noticed. 



345 



Table of Contents of Vol. HI. of Decree Books 

1629. 

June 5. Removing. Mr. Alexr. Reid, Advocate, and Robert Merser, Notary Public, both 

in Abd., as heritable proprietors of Dilspro and Milne and salmon fishing thereof v. 
Thomas Gordoune and others in Dilspro. Sasine dated 20 June, 1628. Notary Alexr. 
Garioche. 
1631. 

Novr. 7. Decree. Various. Robert Stewin in Tillielair v. George Cromar in Drumgask. 

The Defender having failed to appear to give his oath upon the Pursuer's petition was 
decerned in penam contumacire to pay and deliver 6 for half a boll beir bought in 
1628, 26/8 for keeping Defender's guids [i.e., cattle], 32/6 for the teynd cheiss of 
Defender's yowes and cow the said year [1628], 2O/- for a quarter of butter, 5 merks 
for a half boll prysit corn eaten by the Defender's nolt and sheip, 2 merks for 2 pounds 
of Teynd woll, 2O/- for six pultrie and for ane yaird, &c., &c., with 2O/- of expenses. 

10. Decree of Removing. Mr. Wm. Burnet, Minister at Kynnairnie, heiitable 

proprietor of the lands v. Alexr. Nicol and others, tenants of Midinar, and Wm. Touche 
and others, tenants of Sunhennie, all in the parish of Midmar. Sasine 17 June, 1628. 
Notary James Cushnie. 

23. Decree of Forthcoming. Robert Forbes of Eight v. John Leyth, son of the 

late John Leith of Quhythauch, and Alexr. Lunkart, sometime in Newseatl of Buqu- 
harne, then in Lethintie. The Pursuer, who in 1629 had a claim against Lunkart of 
10 for " casting up of Lonnings Medowes and Hainingis " and for the rent of Hillock 
of Buquharne crops 1628 and 1629, used an arrestment of the crop on Hillock on 21 
August, 1629. On 5 Septr. following the other Defender Leith became cautioner for 
the loosing of the arrestment. On 7 March, 1631, Forbes obtained a decree against 
Lunkart for his original claim with 4O/- of expenses. Finally at this Court there passed 
decree against Lunkart as debtor and Leith as cautioner for the amount due to Forbes. 

30. Nature of Actions not disclosed. Bessie Leask, widow of Mr. Thomas Molyson, 

as assignee of the late Barbara Mowatt v. Wm. Leask, younger, of that Ilk. Action 
awakened. 

Mr. Thomas Gordon in Kethokismiln, as assignee of Patrick Sinklair and the late 
Katherine Gardyn, his wife v. Alexr. Donaldson, burgess of Abd. In absence of the 
Defender the case was admitted to the Pursuer's probation. 

Action of Forthcoming. Alexr. George, younger, Messenger at the Miln of 
Cullairlie v. John Walsone and others in Crabstoun and John Gordon of Crabstoun for 
his interest. 

Action of Spuilzie. Isobell Gordon, Lady Brux and John Forbes of Brux, for 
his interest v. James Ronald, younger, in Dubbishoill and James Grassich in Tulloskeuth. 

34 6 



Decree Books: VoL EL, Contents 
1631. 

Deer. 7. Decree of Removing. Elizabeth Seton, Lady Abirzeldie, liferentrix of the lands 

v. Mr. Wm. Burnet, occupier of one half of the lands of Kynnairnie, Alexr. Crystie, 
occupier of the other half, Alexr. Coutes, occupier of the miln and miln croft thereof, 
Alexr. Donald, occupier of a croft there. Alexr. Gordon and others, occupiers of parts 
of Knok, John Archie, alias Jamesone, and others, occupiers of parts of Dalfour, 
Thomas Mackie, occupier of Leninure, Mr. Alexr. Gordon and others, occupiers of 
Torsensillie, and Wm. Davidson and another occupiers of the croft of Stering. Two 
Sasines were produced, one of Kynnairnie, &c., dated II April, 1607. Notary Mr. 
Gilbert Ross. The other of Knok, &c., dated 18 Septr., 1626. Notary Mr. James 
Ferquharsone. 

Decree. Abstracted Multures. Mr. Wm. Davidsone of Ord v. Arthur Forbes 
in Boddomfauld and Alexr. and Wm. Ronaldsone in Quhylstain. Corns abstracted from 
the mill of Ord in the years 1628, 9 and 30. On 23 Novr. Alexr. Donaldsone was, on a 
reference to his oath, assoilzied, and at this Court Forbes was found liable, on his own 
admission, in the I7th peck of 8 bolls oats and one boll bear grown on Kynmundie 
abstracted from the mill, crop 1630, with 26/8 of expenses. 

Decree. Damages. Trespass by Cattle, &c. Mr. George Leslie in 
Birsakismiln v. Andrew Forbes in Tartowie. The action is called in the original 
" Actione and caus of eattin and destroyed comes and grass." The decree is of great 
length and impossible to summarize. Suffice it to say that the claim drew back as far 
as 1624, and all kinds of bestial, including swine, were involved. The rates payable 
for each animal trespassing was that fixed by Acts of Court of the Baronies of Skeyne 
and Kyntoir. The " Fears," also spelled " Feirs," of several of the years were referred 
to. Expenses 4. 

21. Action of Spuilzie. John Symmer in Balbithan v. Wm. Symmer there. 

Nature of Action not disclosed. Alexr. Irwing of Murthill v. Andrew Fraser, 
apparent of Midbeltie. 

Decree. Balance Price of Mare. James Young in Moneght v. Alexr. 
Wight, younger in Garlogie. 46/8 being balance of the price of a mare with 13/4 of 
expenses. 

Decree. Malt. Wm. Garvack in Quhytcorss v. John Patersone in Lentushe. 
10 8/5d. with 26/8 of expenses. 

Decree. Damages. Burning Neighbour's Crop. Paul Ray and Wm. Shand, 
sometime in Darrahill of Balhelvie v. Arthur Blakhall in Crabiedonald. The Defender, 
who was a neighbour of the Pursuer's, was found liable in the price of 6 firlots of bear 
and 8 bolls of oats crop, 1629, " brunt be him in his default and sleuth being neigh- 
bour to the complenares in sa far as the defendar kendlit fyr in the moss quhairthrow 
the said skaith wes done to the persewar be the violence thairof." The expenses were 
3. The values of the grain were fixed by the fiars prices. 

347 



Aberdeenshire Sheriff Court : 
1632. 

Jany. n. Action of Spuilzie. James Keyth, younger of Kynnadie v. Wm. Thomsone in 

Tirrievaill. 

Decree for Implement of Bond. Alexr. Irwing of Quhytcarnes v. George 
Crafuird of Annachie as heir served to the late I lew Crafuird of Quhy thill, his brother. 
The deceased had on 17 Novr., 1623, granted a Bond for delivery to the Pursuer of 32 
bolls 2 pecks of sufficient oat meal at 10 per boll. The Bond and Service dated at 
Edinburgh, 28 Octr., 1629, were produced. Expenses 4O/-. 

18. Nature of Actions not disclosed. Gilbert Symsone in Fortrie v. Jean Coutes, Lady 

Arnadge and James Cheyn of Arnadge, her son. 

25. Mr. Wm. Lumsden, Advocat in Abel. v. Wm. Udny in Auchlown. 

27. Action of Spuilzie. Wm. Patersone in Clerkhill v. Gilbert Bodie at the Walk 

Miln of Deir and Andrew Tailzeor, Walker there. 

Decree of Supplement. John Watt in Easter Carnie v. Wm. Thomsone in 
Tirrievaill, Christian Andersone there and Janet Smith there. The Pursuer had 
obtained decree against the Defenders for certain sums of borrowed money in a court of 
the Barony of Skeyn, held "within the Hall thairof " upon 17 May, 1631. To this 
decree the Sheriff interponed his authority in supplementum justitiae. 

Feby. i. Decree. Rent. Patrick Gordoun in Ballogie as assignee of Margaret Gordoun, 

liferentrix of the lands of Durris-Beltie v. Andrew Fraser, lawful son of the late Alexr. 
Fraser of Durris-BeHie. The rent of Maynes of Durris-Beltie crop, 1630, was dccerned 
for with 4O/- of expenses. A horning against the Defender was produced which put 
him out of Court. On this Simon Fraser, lawful son of the said Margaret Gordoun, 
appeared and asked to be admitted for his interest, producing a tack and disposition 
granted by her to him of the rents libelled. lie too was proved to be at the horn and 
so was not admitted to defend. 

8. Action of " Making of haill cornes." James Young in Moneght v. Wm. 

Sherauld in Bankheid. The following Interlocutor was pronounced. " Repellit 
defensis proponit for the pairt of the said defendar and admittit the persewars petition 
to his probatione with consideratione to be haid at the sentence of defalcatione for 
making of haill cornes." 

Action of Forthcoming'. Absolvitor. George Scott, burgess of Abd. v, Alexr. 
Bruce in Carnehill, Isobell Urquhart, his wife, and Wm. Urquhart there for his interest. 
Scott held a decree of the Sheriff Court against Wm. Urquhart, dated 8 February, 1622. 
Following it up he arrested on 25 June, 1629, in the hands of Bruce, 20 bolls victual said 
to be due by him to Urquhart as rent of Carnehill. On a reference to Bruce's oath he 
denied having been due any victual to Urquhart at the date of the arrestment, upon 
which the Defenders were assoilzied. 

10. Decree of Removing. John Wod at the Miln of Fintrie v. Gilbert Steill in a 

croft of Milntoun of Fintrie. Sasine 22 December, 1595. Notary Mr. Wm. Reid. 

348 



Decree Books : Vol. EL, Contents 



1632. 

Feby. 10. Action for Rents. Absolvitor. Jean Carnegie, lawful daughter of the late 

Robert Carnegie of Wester Kincardyn v. Robert Ross in Kincardyn, Thomas Chap- 
man there and Wm. Lay in Wester Kincardyn. Rents were claimed for crop 1630, the 
price to be according to the " Fear of the yeir." The Defenders' effects had been 
arrested in security. The Defenders, having produced acquittances for the rents 
claimed, under the hand of Robert Carnegie, the Pursuer's author, dated before the 
arrestments or intimation thereof, were assoilzied. Sasine 25 June, 1627. 

15. Action of Spuilzie. Andrew Craik, servitor to Sir Alexr. Irwing of Drum, 

knight v. Wm. Wobster in Fredahill. The defences were repelled and libel admitted 
to Pursuer's probation on 21 March. 

Decree. Rents. Mr. Wm. Davidson of Ord, styled heritable proprietor of the 
lands v. John Watson, Alexr. Shirreff, James Thome and David Ronaldsone, all in 
Craibstoun, and James McKie at the Miln of Craibstoun. Sasine 16 April, 1628. 
Notary James Ross. Expenses 4O/-. 

Decree of Removing. Mr. James Sandielands, " Doctor of the Lawes and 
Commissar of Abd. and Cannonist of the Kingis Colledg of the Universitie of Aid 
Abd." v. Gilbert Sangster and Elspet Gray, his wife, " pretendit tennentes and 
occupiars of the said Canonist of the Kingis Colledg forsaid his manss houssis," &c., 
" lyand on the south syd of Poweis Brig within the Territories of the said Colledg 
parochines of Machar and Snaw and Shrefdome of Abd." The Instrument of the 
Institution and Admission of Dr. Sandielands was produced, dated 3( Jany., 1628. 
Notary Mr. Thomas Davidson. 

17. Action of Damages for Trespass. James Keyth, younger, of Kynnadie v. 

Robert Forbes in Milnbowie. 

22. Nature of Action not disclosed. Alexr. Gardyn, Fiar of Blakfuird z>. John Bird 

in Creichnaleid, as principal, and Alexr. Sinklair in Creichnaleid and Thomas Thomson 
in Rothmeis, his cautioners. 

Action for Payment. Absolvitor. Alexr. Irwing of Murthill v. Alexr. Findlay 
at the Miln of Newburghe. The Pursuer sought repetition of payment of certain bear 
alleged to have been delivered to the Defender to have been made into malt, but the 
Defender on a reference to his oath denied any indebtedness. 

Decree of Supplement. Rents. Elizabeth Seton, Lady Abirzeldie, "conjunct 
Fiar and lyverentar" of Kynnairnie and Tilliedaff v. Mr. Wm. Burnet, Minister at 
Kynnairnie, Alexr. Coutes and others, the tenants. The decree gave effect to an Act 
of the Court of the lands held upon 6 Jany., 1632, in the house of Alexr. Donald, 
tenant of the Brew Croft, one of the Defenders. Expenses 4O/-. 

Decree. Rent. Wm. Forbes in Kynmundie -v. Wm. Gordon, formerly in 
Breddiauch, then in Culler. Certain rents were claimed and a proportion decerned for, 
but the interesting part of the decree is the specification of what the Defender had to 
supply for the food and clothing of a herd during the period from Ruidday to Mertimes, 
1630. Expenses ^3. 

349 



Aberdeenshire Sheriff Court: 

1632. 

Feby. 22. Decree. Rent. John Calder of Migvie v. John Forbes, sometime in Migvie, 

then in Boigis, and Wm. Forbes, his son. The rent of Easter Migvie crops 1627, 1628 
and 1629. Expenses $. 

28. Action of Forthcoming. Wm. Straquhan in Cairnie v. Andrew Meanie in 

Ediestoun and Gilbert Ker in Cragiedarg. An action of Spuilzie at the instance of Ker 
y. Straquhan was called on 14 March. 

Decree. Forthcoming. John Forbes, " servitor to ane Reverend Father in 
God Patrick be the mercie of God, Bishop of Abd." v. John Kennedy of Carmuckis 
and George Gardyn of Iloipishill and Isobell Stewart, his wife, for their interest. 
George Gardyn, as one of the cautioners for Mr. Robert Gardyn, burgess of Abd., had 
been due to Isobel Forbes, liferentrix of Blairtoun and Duncan Wilson there, her 
second husband, 480 merks pto tanto for the rents of Blairtoun in the years 1625-6-7. 
By assignation, dated 21 December, 1627, the Pursuer acquired right to this claim, and 
on 3 Feby., 1628, used arrestment to the extent of 500 merks in the hands of Kennedy. 
Decree of Forthcoming was now pronounced for this sum. 

Mar. 2. Nature of Action not disclosed. Alexr. Erskine of Petskurrie v. Mr. Wm. Forbes, 

lawful son of Wm. Forbes of Barnes. 

Decree. Rent, &c. Mr. John Logy, Parsone of Rathven v. John Grant, some- 
time in Ovir Boddom. Grant had got from John Beltie in Ovir Boddom certain victual 
for the rent of a plough of Over Boddom crop 1629 on his promise to pay it to Mr. 
Logy. He was also due 4 merks " for carieing transporting and trailing of ane Miln- 
stain and building of the Miln of Boddom." The Defender was found liable with ^4 
of expenses. 

Decree of Supplement. Blood-drawing. George Middiltoun, Procurator 
Fiscall within the bounds of the Bischoprick of Abd. v. Robert Murray, Cowper, 
burgess of Abd. Authority was interponed to an Act of a Court of the Bishoprick 
held within the consistorie place thereof on 16 Deer., 1631, whereby Murray was fined 
by Mr. Alexr. Gardyn, Bailzie of the Bishoprick, ,40 for his contumacy in not appearing 
to answer to a charge of assault committed within the bounds of the Bishoprick. 

9. Nature of Actions not disclosed. Mr. Alexr. Irwing, Advocate, and Janet Fraser, 

his wife v. Robert Middiltoun of Caddum and Katherine Straquhan, his wife. 

14. John Chalmer, lawful son of Arthur Chalmer, burgess of Abd. v. George Mathie- 

sone in Craigforthie. 

Decree of Removing. Gilbert Meinzies of Petfodellis v. Wm. Howatt, tenant 
of the town and lands of Petfodellis. Sasine 8 August, 1623. Notary the late Mr. 
Wm. Anderson, Sheriff Clerk. 

21. Nature of Action not disclosed. John Gordon of Petlurg v. Gilbert Bodie in Waik 

Miln of Deir. 

Action of Ejection. Wm. Fraser, burgess of Kintoir v. Robert Forbes in 
Rogershill. 

350 



Decree Books: Vol. HL, Contents 

1632. 

Mar. 22. Decree. Abstracted Multures. Thomas Gordon of Dilspro, as proprietor 

of the knaveships and multures of Denstoun and Corthiebuck v. Andrew Hunter of 
Grandome. Sasine 20 April, 1620. The charge was of abstracting the multures and 
knaveships from Mill of Dilspro in 1628, 1629 and 1630. 

28. Action of Transferring 1 . John Hay of Crimonmowget, executor confirmed to 

Wm. Hay of Crimonmowget, his father v. Andrew Craik in Blairmormont. 

Nature of Action not disclosed. Jean Coutes, widow of Mr. John Cheyn of 
Arnadge v, John Merser in Blairlasie. Defences repelled. Eik referred to Pursuer's 
oath. 

Action of Registration. Wm. Seton of Schiethin, as assignee of John Fraser in 
Glak v. Alexr. Fraser, eldest son and apparent heir of Alexr. Fraser of Techmuirie and 
John Fraser of Newburghe, his Tutor. 

Action of Spuilzie. Alexr. Leslie in Elrick, as assignee of Andrew Thomsone 
in Govill v. Alexr. Watsone in Glen of Dyce. 

Decree. Rent. Mr. Wm. Davidsone of Ord as heritable proprietor of the sub- 
jects v. Wm. Abircrombie in Milntoun of Durno. Sasine 20 June, 1618. Notary Mr. 
Gilbert Ross. Expenses 3. 

Decree. Price of Meal. Robert Irwing of Moncoffer v. James Arbuthnot in 
Kinmundie. 3 bolls 3 firlots of meal sold and delivered at 6 per boll. Expenses 33/4. 

Decree. Rent. Francis Fraser of Kynmundie v. James Fraser in Thundertoun. 
12 oxengait of Thundertoun. The " fearis sett doun in this auditorie " were referred to 
as settling the money values of the rents payable in grain or victual. Expenses ^3. 

Decree against Debtors of a Suicide. Wm. Myntie in Draksmyres, assignee 
to the escheat of the late Wm. Craig in Craigstoun v. Archibald Mortimer in Fintrie, 
John Urquhart in Milnseatt, James Craig in Cotburne, Wm. Urquhart in Lumfuird, 
Wm. Pirie in Gorrochie, James Robertsone in Clochorbie, John Reid in Bothangie, Wm. 
Murdo in Milnknowes, Thomas Pyper in Bomaid and Gilbert Williamsone in Abd. The 
Pursuer's title was set forth in the instance of the summons thus " Assigney maid and 
constitute be Alexr. Forbes younger of Buthlaw our deputt in and to the haill guids geir 
and moveabill escheit quhilks perteinit sumtyme to umqll Williame Craig in Craigstoun 
within the parochin of Kynnedvart and Shrefdome of Abd. as becum in our hands and 
hands of our said deputt as escheat and casualitie of the office of Shrefschip throw the 
death of the said umqll Williame Craig quha in the moneth of Januar last pat violent 
handes and stranglit himselff to the death and thairby hes guid richt to the guids geir 
and debtes perteinand to the defunct the tyme of his said deceis as donator maid theirto 
be our said deputt and as sauld and disponit to the said William Myntie for himselff and 
in name and behalf of Violet Patersone relict of the said umqll Williame." Of the 
Defenders who wers said to be debtors of the deceased Gilbert Williamsone was 
assolizied on 21 March. Of 50 merks claimed from Wm. Urquhart he admitted 29 
merks. The other Defenders did not appear and were ordained to pay the sums 
claimed from them. 

35 r 



Aberdeenshire Sheriff Court: 

1632. 

Mar. 28. Decree of Liquidation. Patrick Gordon in Ballogie v. Andrew Fraser [supra 

p. 348]. Decree passed on I Feby. for 20 bolls bear and 28 bolls meill " rin mett guid 
and sufficient stuff" of crop 1630. The money payable was fixed by this decree after 
an examination of witnesses, but the decree bears that the Pursuer had protested for the 
" hiest pryces of the samen in this Auditorie." 

April ii. Decree. Shoemaker's Account, &c. Nicol Ross, Cordoner in Abd. v. James 

Gordon in Bogaartie and Margaret Wilson, widow of James Ross in Balbes and John 
Gordon there, her husband. The first Defender was due 7 merks 8d. for " buitts and 
shoon " and the second 20 merks borrowed. Expenses 4<D/- to be paid equally by both 
Defenders. 

Decree. Arrears of Interest, &c. Marriage Contract. James Alshioner, 
Merchand, burgess of Abd., as executor confirmed to John Alshioner, sometime in 
Waikmiln of Drum, his father v. John Herwie in Kyntoir. The deceased John 
Alshioner had in 1613 married Margaret Leslie, who was Herwie's mother. By 
Marriage Contract dated 13 Novr. of that year the Defender, as principal, and Gilbert 
Touche in Craiggearne, as cautioner, became bound to pay to the husband before Whit- 
sunday, 1614, 200 merks as dot and tocher with his wife. This they had failed to do. 
In the second place Margaret Leslie was entitled having sasine thereof to the liferent 
of four roods of land with buildings thereon, situated in the Burgh of Kyntoir, which 
the Defender had been occupying without paying rent. The deceased John Alshioner 
had raised an action against the Defender for 20 merks per annum of interest and 20 
per annum of rent for the years from 1614 to 1629 inclusive, but had died after litis- 
contestation, but before decree. The action had been transferred by Decree of Trans- 
ferring to his son and executor, who now got decree under certain deductions, with ^4 
of expenses. 

1 8. Decree of Registration. George Gordon of Newtoun, as executor confirmed 

to John Gordon, his brother german v. Mr. James Spence, as heir served to Wm. 
Spence at the Miln of Williamstoun, her father. On 4 April, 1625, William Spence, 
having borrowed 250 merks from " ane honourabill woman Issobel Forbes Lady of 
Williamstoun " for behoof of John Gordon, her second lawful son, granted a Bond in 
favor of the said John Gordon, his heirs, executors and assignees containing a clause of 
registration with consent to execution upon six days' charge. By this decree the Sheriff 
ordained the Bond to be registered for execution against the Defender to the same effect 
as if he had been the original debtor. 

May ii. Decree. Meal Sold. Mr. Wm. Davidsone of Ord v. John Findlay in Brother- 

feild and David Ilervie in Murthill, his cautioner, John Smith in Brotherfeild, Wm. 
Kilgour in Baddes and Robert Findlay there, his cautioner, Andrew Rany in Kennertie 
and Gilbert Hall in Craigtoun, his cautioner, Katherine Brain in Craigtoun and the 
said Gilbert Hall, her cautioner. The Defenders were found liable to pay at the rate 
of 10 merks per boll for small quantities of meal purchased from Mr. Davidson in July 
preceding, payable at " Midlentren," 1633. The expenses were io/- each Defender. 
This Court was held be virtue of a dispensation " cum tempore feriato " [vacation] as 
were all the Courts held in April and May of this year. 

35 2 



Decree Books : Vol. EL, Contents 

1632. 

May ii. Nature of Actions not disclosed. James Keyth, elder, of Kynnadie v. Alexr. 

Smith, sometime in Kynnadie, then in Bandach. 

23. Andrew Dassie in Drumnagar v. John Jaffray in West Fintrie. 

John Findlay in Pyktilhame v. Andrew Anderson in Elrick. 

29. Decree of Removing. John Urquhart of Craig Fintrie v. James Watt in Ouir 
Bothangie in the parish of Turreff. Sasine IO Octr., 1617. Notary Mr. Wm. 
Davidsone. 

30. Deceee of Removing 1 . George Chalmer of Olquhat v. Charles Massie in Easter- 
toun of Oldquhat in the parish of Auchreddie. Sasine 20 Octr., 1623. Notary Mr. 
Patrick Chalmer. 

June I. Nature of Action not disclosed. Thomas Chalmer, lawful son and assignee of 

Alexr. Chalmer, " lait Dean of Gild of Abd." v. Andrew Phynnie, Skipper in Peter- 
heid, Alexr. Jonston, Glasin wricht in Abd. and George Norune in Rumsdel in 
Norroway, none of whom appeared. 

Decree of Removing. Patrick Con of Artrochie v. James Maxuel and Antonie 
Murray in Meikill Artrochie in the parish of Logybuchan. Sasine dated 22 Novr. , 
1616. Notary David Robertson. 

Nature of Actions not disclosed. James Robertson, burgess of Abd. v. Alexr. 
Blak, Maltman, burgess of Abd. There was a diet of proof on June 27. 

Andrew Castell in Carnegie v. David Dickie in Elrick. 

Wm. Jamesone in Baidis v. Walter Pirie at the Miln of Meadopill. 

Decree. Merchant's Accounts. Robert Paip, burgess of Abd., as assignee of 
Robert Corser, burgess there v. Alexr. Spence, Merchand in Insche, James Mongall 
there and John Cruikschank, sometime there, then at the Chappell of Gareoch. Spence 
was ordained to pay ^64 5/8, Mongall 18 I7/- and Cruikschank .86 10/5 with 4O/- 
of expenses each. 

8. Decree of Removing. The Marquis of Huntlie v. James Gordon of Newseatt, 

who occupied 16 oxengait of the " east syd of Scordarg," Hew Gordon of Smithstoun, 
who occupied a plough of Smithstoun, &c. , Alexr. Gordon in Mortlack, who occupied 
Mortlack, and Patrick Gordon in Carnequholp, who occupied two ploughs of 
Carnequholp, all in the Lordship of Huntlie. Sasine 9 April, 1582. Notaries Wm. 
Bruce and Mr. John Garnetullie. 

Decree of Removing. Alexr. Forbes of Boyndlie v. George Hay, Thomas 
Hendersons, John Mitchel and George Layng, all occupiers of Baithlie and outmuir 
of Torterstoun, alias Langhill. Sasine 7 June, 1627. Notary Mr. Thomas Davidson. 

13. Action of Removing. Thomas Erskein of Balhaggartie v. Patrick Watson in 

Auchle win, occupier of a croft thereof. Sasine lojuly, 1629. Notary Lancelot Leslie. 

w 353 



Aberdeenshire Sheriff Court : 

1632. 

June 13. Nature of Action not disclosed. Patrick Meinzies, burgess of Abd. v. Gilbert 

Jonstoun in Enrurie. 

Action of Spuilzie. Mr. John Cheyn, Parson of Kinkaill v. Patrick Leslie, 
burgess and merchand in Kyntoir. This action was first called on 21 Deer, preceding. 
An interlocutor was pronounced by which the Sheriff depute " referrit the objections 
contra prodncta to the discus of proces." 

Decree of Removing. Alexr. Forbes of Pitsligoe v. John Forbes in Boig and a 
number of other tenants there and in Melgome, Waikmilne, Barhillok, Coldstain, 
Knoksowl, Poltalon, Boigstoun, Badnagauch all in the parish of Coldstain. Sasine 
dated 7, 9 and n March, 1629. Notary Alexr. Thomsone. 

20. Nature of Action not disclosed. Wm. Ross in Endego v. John Wadel in 

Action of Intrusion. Meatie Fidler, widow of George Blak in Belliscamphie 
and wife of John Sym in Artrochie v. Wm. Leask, younger, of that Ilk. 

Action of Removing. Erskein v. Watson. [Supra 13 June.] Letters of horn- 
ing against Watson were sustained and he was held debarred from defending. James 
Milne in and Margaret Watson, his wife, were admitted to defend in respect 

of the production by them of an assignation by Patrick Watson to them of the lease 
by Wm. Forbes of Barnes in his favor. 

Decree of Removing. Mr. Robert Ferquhar, burgess of Abd. v. John Gordon 
in Litle Wranghame and a number of other tenants of Meikill and Litle Wranghame, 
Gardynsmiln and others in the parish of Culsalmond. Sasine dated 29 Novr. 1631. 
Notary John Chalmer. 

Decree of Removing. Mr. Robert Merser, " Minister of Godis Word at the 
Kirk of Ellon, having richt be presentatione Institutione collatione and lelteris raisit 
thairon in and to the personadge of Ellon Manss and Gleib thairof " v. John Hairie- 
garrie, occupier of a tenement " lyand on the west syd of the said Manss and Gleib." 
After the instance and nature of the action is set forth, the writer put down his pen 
leaving a blank page, on the margin of which he wrote by way of explanation " the 
pairties agried and wald not pey for this decreit." 

27. Action of Supplement. Alexr. Lyon of Muiresk v. George Miln in Ryloche. 

Decree of Removing. Janet Forbes, liferentrix of the lands of Cultis, and 
Thomas Esplin there, her husband v. James Reid, occupier of a quarter of the lands of 
Cultis. Sasine 14 May, 1602. Notary Mr. Arthur Andersone. 

29. Nature of Action not disclosed. Mr. Hendrie Ross, Parson of Rynie, assignee of 

Wm. Layng in Barflet, and Margaret Gib, his wife v. Patrick Gordon of Kirkhill and 
Robert Gordon in Perselew of Clatt. 

Action of Removing. Jean Howieson, wife of James Willax, Wright, burgess of 
Abd., takswoman of the Miln of Haltoun v. John Copland at the Miln of Haltoun, 
Gilbert Gammack, Pickieman there, and John Meldrum of Haltoun. The Pursuer pro- 
duced a liferent Tak from the late Alexr. Howieson, together with his Charter and 
Sasine indorsed thereon. 

354 



Decree Books: Vol. HI., Contents 



1632. 

June 29. Decree of Removing. Janet Gordon, widow of Mr. Thomas Meinzies of Bal- 

gonie, as liferentrix of the lands v. Gilbert Still, occupier of 8 oxengait of Murcor, 
which formed part of the lands and barony of Balgonie. Sasine 25 May, 1629. Notary 
Mr. Wm. Lumsden. 

July 4. Nature of Actions not disclosed. Sir Alexr. Cuming of Culler v. George Strauchin, 

sometime in Pittingullies, then in Kennertie. 

Duncan Brown in Boddomes v. Robert Symmer in Torreleyth. 

Action of Removing'. Helen Forbes, widow of Mr. James Elphinstoun of 
Barnes v. James Forbes in Culquheich. 

Action of Removing. John Gordon of Pitlurg v. John Sinklair in a croft called 
Calseyfuird. 

Nature of Action not disclosed. John Gordon of Pitlurg v. Gilbert Bodie in 
Quartailhous. This case was awakened on 19 Deer. 

Action of Damages. Breaking the Leg of an Ox. Absolvitor. John 
Chalmer in Perslie v. Wm. Knowes at the Miln of Grandome. The Pursuer sued the 
Defender for 20 " for felling of ane ox & bracking of his leg perteining to the said 
perse war be the space of twentie dayes bygane being the said persewars best ox." On 
reference being made to the Defender's oath he denied the Pursuer's statement and was 
assoilzied. 

6. Nature of Action not disclosed. Patrick Jack, Litster, burgess of Abd. v. Sir Wm. 

Forbes of Cragievar, who did not appear but was reponed on 18 July. 

Decree for Rent. Mr. John Clerk, heritable proprietor of Condland v. Wm. 
Davidson, occupier of a plough of Condland crop and year 1631. The Defender having 
been cited to give his oath with certification and not appearing, decree passed against 
him in penam contumacie or, in modern language, by default. 

12. Nature of Actions not disclosed. Wm. Gordon of Sauchin v. Robert Middiltoun 
and Thomas Meldrum, sometime in Lille Sauchin, now in Tilliebir. 

13. Wm. Leask, younger, of that Ilk v. John Sym in Lille Artrochie. 

Decree. Price of Grazing. Thomas Elmslie in Grodie v. John Allanach in 
Delmuickie. Decree passed against the Defender in absence for ,4 for " girsing of 
sex heid of noil to Ihe said John within the Forrest of Etrichie " with 3O/- of expenses. 

18. Action for Destroying Trees. Absolvitor. Wm. Seton of Meldrum v. 
George Malhieson in Craigforlhie. By the Pursuer's petition the Defender was asked 
to pay " twentie shilling for the pryce of ilk trie of sex scoir tries destroyed and cutted 
be the defendar in the persewars boigis of lledderweik & Balbithan yeirlie Ihe yeiris of 
God i m vi c threttie & I 1 " vi c threttie ane yeiris at dyveris tymes with ten punds for the 
first tyme and tuentie punds for the secund & suae furth toties quoties." The charge 
being denied in toto by the Defender on a reference to his oath he was assoilzied. 

355 



Aberdeenshire Sheriff Court : 

1632. 

July 1 8. Decree of Registration. John Leyth, lawful son and heir served to George 

Leyth in Drumnagowan, his father, and John Leyth in Maines of Leslie, his tutor v. 
Wm. Leslie of Ryhill, Normond Leslie of Laichmuir and Wm. Leslie at the Miln of 
Inche, as cautioners and full debtors for and with Sir John Leslie of Wardes, knight, 
baronet. This was a decree for the registration in favor of the Pursuer and his tutor of 
a Bond for 1000 merks granted in 1623 by Sir John Leslie (then John Leslie) and his 
cautioners, to the Pursuer's father and his mother Janet Layng. The service of the 
Pursuer and the tutor's Gift of Tutory were produced but the dates were not mentioned 
in the decree. 

Decree. Merchant's Account. James Smith, Merchand, burgess of Abd. v. 
John Cruikschank at the Cheppel of Gareoch. The Defender did not appear. An 
account book containing a subscribed account was produced foi the Pursuer and decree 
passed for ^22 i8/- with 4<3/- of expenses. 

20. Action of Spuilzie. Robert Mackie at the Miln of Watertoun v. Wm. Innes of 

Tippertie and George Leslie in Ochterellon. Appearance for the Defenders was with- 
drawn. 

Nature of Action not disclosed. John Smith in Dammes v. John Calder, younger, 
now in Abd. 

Decree of Exhibition. Alexr. Blak, younger, in Pitmuckstoun v. James 
Robertsone, younger, burgess of Abd. According to the statement in the summons the 
parties had entered into a mutual contract in 1632, whereby Robertsone sold to Blak 
his whole crop of bear and oats in his corn yard at Cultis at four merks per boll over- 
head. The grain was to be delivered " cassin be pruiff scheaf." The Pursuer further 
averred that the Defender would not give up the contract and craved exhibition thereof 
in order that it might be registered and put to execution in terms of the clause therein 
to the effect. There being no appearance for the Defender, decree was pronounced 
accordingly. 

Decree of Removing. John Forbes of Leslie, as heritable proprietor of the 
lands v. (i) John Leslie in New Flinderis and other tenants in New and Old Flinderis, 
Rothmurriell, Wantounwallis, Breistwallis and Auchlyn, among whom may be specially 
mentioned John Gordon in Breistwallis, second lawful son of George Gordon of 
Terpersie, the said George Gordon of Terpersie and Wm. Gordon, his eldest lawful 
son. All these Defenders were sought to be removed from the lands of Duncanstoun, 
and specially from the parts called the " Grein Myr Inches & Blakmoissis of Duncan- 
stoun." (2) John Adiel and George Andersone in Auchnagathill and John Reid in 
Bruinie. Sasine of the Duncanstoun lands dated 29 Octr., 1630. Notary Wm. 
Symson. Sasine of Bruinie 7 May, 1625. Notary James Andersone. Sasine of 
Auchnagathill 2 May, 1625. Notary Mr. George Innes. 

25. Action for Rent. George Meinzies, burgess of Abd. v. Andrew Hunter, some- 
time of Grandhome, Elspet Gordon, his wife, and Duncan Davidsone in Denstoun. 

356 



Decree Books: Vol. IIL, Contents 



1632. 

July 25. Action of Spuilzie. Patrick Gordon in New Leslie v. Win. Andersone in Curter- 

stoun. 

Action of Supplement. John Anderson in Chapeltoun v. Andrew Charlis in 
Piriesmiln. 

Nature of Action not disclosed. Wm. Gray, burgess of Edinburgh v. Ewmond 
Graden in Kinloch. 

Action of Removing. Margaret Skeyn and John Forbes of Leslie, her husband 
v. Archibald Mair in Hoimes and Wm. Laird in Meikill Gownie. 

Decree. Forthcoming. Alexr. Skeyn of that Ilk v. James Watlie in Auch- 
tererne, George Duckiesone there, George Andersone in Tulloch, James Sualbie at 
the Blakmiln, Wm. Wattie there, John La in Berwie, Gilbert Kar at the Miln of 
Craigiedarg, Robert Forbes in Rogershill and Alexr. Skeyn, portioner of Auchtererne, 
for his interest. Decree passed against James and Wm. Wattie, La and Kar in terms 
of their admissions. The other Defenders did not appear. 

Decree. Rent. Patrick Hay in Hilheid of Pittindrum v. George Mitchel in 
Pittoulie, who did not appear. The Defender had occupied a croft in Pittindrum, crops 
1629-30 and 31. Expenses of process 4O/-. 

Decree. Price of a Horse. James Findlay in Pittoulie v. Alexr. Muiresone 
in Torrietuthill. ^20 for price of a horse sold and delivered. Expenses 4O/-. 

Decree of Supplement. Rent. Wm. Seton of Meld rum v. Andrew Muiresone 
at the Miln of Kinguidie. Decree had passed against the Defender on his own confession 
in a Court of the Barony of Meldrum on 4 April preceding, but he had removed from 
the Barony, hence the necessity for this decree in supplementum justicio,'. 

Decree. Grassum, &c. Normond Arbuthnot, burgess of Abd., as assignee of 
Wm. Forbes in Kynmundie v. Arthur Forbes in Boddomfauld. It would appear that 
according to the terms of a Decree Arbilral dated I May, 1629, the Defender had to 
pay to Wm. Forbes 50 merks for his " guidwill entrie and grassum of ane yeiris tak of 
the sun half lands of Kynmundie." Wm. Forbes had assigned this claim and a number 
of others for crop eaten by the Defender's bestial herding, &c., to Arbuthnot. The 
decree is a long one and one of the earliest in which the course of pleading is fully 
rehearsed. The word " shewring " occurs twice, meaning apparently the severing 
dividing or separating the horses and cattle of one party from those of the other. 
Expenses ^3. 

27. Action of Spuilzie. George Watt in Cardrum v. Thomas Donald in Ardconnan 

and Mr. Wm. Seton of Thorntoun. Donald did not appear. 

Action of Spuilzie. George Hay of Auquharnie v. Alexr. Knox in Touxhill, 
George Ross there, Gilbert Low there, George Cantlie in Cloffrick and Robert Low at 
the Kirk of Deir. 

357 



Aberdeenshire Sheriff Court : 

1632. 

July 27. Decree. Trespass or Pasturing of Cattle, &c. John Lamb, sometime in 

Boddom, then in Ranieshill v. David Cuming in Boddomes. The claim extended over 
the years from 1622 to 1630 inclusive. Foals and calves were chiefly claimed for, and 
it was stated that by the custom of the country " ilk foill peyis tua bollis aittis and ilk 
calf ane boll" yearly. In the result one boll was allowed yearly for the " skaith of 
ane foill quhilk pasturit and geid throw the persewares cornis " and the other demands 
were largely reduced. The prices of grain were according to the " fearis of the saidis 
yeiris. " 

31. Decree. Forthcoming. Robert Forbes in Tillieoch, as assignee of Gilbert 

Cowtis, lawful son of the late Laurence Cowtis in Easter Cullairlie v. Alexr. Irwing in 
Cullairlie and John Irwing, sometime in Baides, then in Cullairlie, for his interest. 
John Irwing, the real debtor, had borrowed from Gilbert Cowtis 50 merks in November, 
1618, and granted bond therefor. Cowtis, having assigned this bond to Forbes by 
assignation dated 10 January, 1621, the latter caused it to be recorded on 13 Septr., 
1623, and then proceeded to use legal diligence for recovery of the loan. In especial 
he arrested certain stocking and crop belonging to John Irwing, intimation of arrest- 
ment having been made to Alexr. Irwing also. The latter, notwithstanding the arrest-' 
ment, having taken possession of and intromitted wilh the subjects of arrestment was 
brought into Court, and by this decree found liable to the creditor for them or their 
value. Drawing oxen were priced at 20 each and horses at 20 each. To the 
original bond one of the witnesses was James Irving, " brother german to the said 
John Irving, sone lauchfull to Robert Irving of Glassill." 

Decree of Registration. Wm. Seton of Shiethin, as assignee of John Fraser in 
Glak v. Alexr. Fraser, eldest lawful son and heir of the late Alexr. Fraser, sometime of 
Techmuirie and John Fraser of Newburgh, his father's brother and Tutor, for his interest. 
The debt of 1000 merks for which the Pursuer sought to make the Defender liable, 
was constituted by a bond granted by the deceased in 1626 and assigned by the 
original creditor to Seton in November, 1627. Alexr. Straquhan of Glenkyndie and 
Patrick Straquhan in Kynnadie were cautioners in the bond, and among the witnesses 
were Mr. Alexr. Davidsone, Advocate in Abd., and Mr. George Seton, brother to 
Wm. Seton of Schiethin. The place of payment of the bond was the dwelling-house 
of Henry Forbes, burgess of Abd. It was pleaded that the debt had been paid to the 
late Janet Seton, wife of Alexr. Fraser of Techmuirie, and sometime Tutrix to the 
Minor, and that defence was found relevant, but the Sheriff depute found that the 
Defenders had " failziet and succumbit in proveing of the samen." 

Augt. 22. Nature of Action not disclosed. Sir Thomas Urquhart of Cromertie, knight v. 

Wm. Meldrum, sometime in Straquharie, then in Foulsie, and Peter Meldrum, his son. 
This and the following courts in August were held in virtue of Letters of Dispensation. 

25. Action of Transferring. Patrick Leyth of Mongarrie v. John Leyth, son and 

heir of John Leyth of Harthill. The Defender did not appear and the Pursuer was 
allowed a proof of the libel. 

358 



Decree Books: Vol. in., Contents 



1632. 

Augt. 25. Decree. Rents, &C. Mr. David Andersone, heretor of the lands of Finzeach 

and Abircattie and Alexr. Stewart, burgess of Abd., his Tutor "by reason of his 
furiositie " v. Patrick Calder, sometime in Abircatie, then in Aslown. Among the 
items for which decree passed against Calder was 27 merks for the " careadge of his 
ferine extending to tuentie sex bollis to Abirdein." Expenses 4O/-. 

29. Decree. Messenger's Account. Alexr. Watsone, Messenger in Abd. v. Alexr, 
Grig in Auchmacher. The fee was " thrie firlottis tuyse scheillit meill " at $ per 
boll, according to the feir of the year with 24/- of expenses. 

Decree. Sum in Bond. Mr. Andrew Logic, Parsone of Raine, as assignee of 
James Andersone in Cockmuir of Lentusche v. John Leith, eldest lawful son and heir 
of the late Mr. Wm. Leyth of Newlands, Patrick Leyth of Kirktoun of Rain, his Tutor, 
for his interest and James Watsone in Ardoyn, sister's son and heir, served to John 
Abercrombie, sometime in Auld Rain. The deceased Mr. Wm. Leyth and John 
Abercrombie, as principal and cautioner respectively, granted bond for 1000 merks to 
Andersone in 1621 which the latter assigned to Mr. Logic in 1631. 

Octr. 3. Decree of Registration. Wm. Collie, son and heir served to Robert Collie in 

Dilfro v. Robert Skeyn of Tilliebirlach, as principal, and Alexr. Skeyn of that Ilk and 
Wm. Forbes, son of the late Wm. Forbes of Pittelachie, as cautioners in a Bond for 
500 merks, dated 6 June, 1620. A witness to the signing of the Bond was one John 
Beg, " Violar." 

Novr. I. Action for Heirship Moveables. Mr. Wm. Forbes, lawful son of Wm. Forbes 

of Tolquhon v. James Reithe in Tarves, Mr. Thomas Gardyn, "Minister of Godis word " 
there, Violet Layng, his wife, Janet Reithe in Boighous of Tolquhon, James Shand, 
her husband, for his interest, Robert Mitchel in Kilmortoun, Isobell Birnie, his wife, 
Robert Johnstoun in Udnie, Helen Murray, his wife, Gilbert Johnstoun in Drumbrek 
and Barbara Birnie, his wife. The name of the deceased owner of the heirship move- 
ables was not mentioned in the entry, but the deceased Wm. Craig, sometime 
" Rothiesay Herald " in Tarves must have had right, because they passed from him 
to his heir, Mr. Alexr. Randell, preacher of " Godis word at Ipiswitche," from him by 
Assignation to Walter Forbes of Thainstoun and from him by Disposition and Transla- 
tion to his brother, Mr. Wm. Forbes, the Pursuer. 

2. Action of Accounting. Absolvitor. Alexander, Lord Elphingstoun, liferenter 

of the lands of Warthill v. Robert Reid at the Miln of Warthill. The Pursuer alleged 
that the Defender had received and had not accounted for, the rents of the lands of 
Warthill according to a specification in the summons for the years 1620 to 1631 in- 
clusive. The Defender, however, produced a discharge by Thomas Espline, the 
Pursuer's chamberlain, and was assoilzed. There was no finding as to expenses. 

7- Nature of Actions not disclosed. John Cheyn, Bailzie in Abd.