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 • • 3°5
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., 1633-44 491
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 growingt 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 shillingis1 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 David1 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 Gariauche1 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 Im 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, and 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 I7
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.
32
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-drawing1. 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 STEELBOW1
(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 Sties1 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 Service1 (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) witn 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.
52
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
Collistoune1 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.
60
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.
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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.)
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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.
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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.
69
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.
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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.
71
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 Ballogie1 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.
76
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.
78
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 treis1 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.
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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.
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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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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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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.
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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.
J599> 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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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 z1. 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.
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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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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 i1. 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.
0 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 tf. 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 Slains1 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
wl my hand
Mr ROBERT PAIP
wl yr [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
71. 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.
Removing1. 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> and 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 WTa 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
rr. 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 Sinclair1 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 z1. 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. ILt 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 Boig1 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.
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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. WTm. 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.
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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 z1. 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.
1 66
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.
I67
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 W7m. 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.
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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.
171
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 Peilsyde1 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."
172
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.
I78
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. Loosing1 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 im 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 im 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 im
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 im 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 im 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 im 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 Per
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 j£io 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 z1. 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 thrawis1 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 Removing1. 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 expenss5 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 witness5 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, WTm. 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 im 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 im 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 im 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 im 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 im 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.]
235
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.
239
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.
Removing1. 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-drawing1. 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.
251
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.
255
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."
258
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.
27I
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.
280
Judicial Enactments: Vol. EL, Contents
1625.
Jany. 12. Loosing1 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.
282
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.
Loosing1 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 im 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 im 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 im 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 im 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 im 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 Poill1
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
3°3
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]
3°4
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 3°5
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.
3°7
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.
3°9
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
Gordun1 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.
324
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. Loosing1 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 Swain1 within the Toun of Copperberrie2 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 Glasgow2 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.
336
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. Removing1. 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 im 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 im vic 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.
346
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 Transferring1. 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.
352
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 Removing1. 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 im vic threttie & I1" vic 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. v. James Murray,
servitor to Walter Cruickschank, Cordoner there, the said Walter Cruikschank, James
Skeddoway at Powiesbrig, and David Abel in Auld Abd.
Gilbert Jonstoun, alias Muck, in Kynmundie v. James Herwie in Waird of Kyn-
mundie and Henry Herwie there et e contra.
359
Abcrdecnshire Sheriff Court :
1632.
Novr. 9. Action of Spuilzie. Alexr. Og in Migvie v. Wm. Og in Pettintagart.
16. Action of Removing. Sir George Jonstoun of that Ilk v. George Leslie in
Rothmaze, burgess and bailzie of Inrurie, and John Thomson and James Mackie,
burgessess there, occupiers of the Stanneris of Inveruirie, part and pertinent of the
Daauch lands of Enrurie belonging to the Pursuer.
Decree of Supplement. Rents. Adam Abercrombie of Auld Raine v. James
Gordon, sometime in Auld Rain, then in Doighillock. This was a decree in supplement
of an Act of Court of the lands of Auld Rain " haldin within the duelling hous of
Andrew Cassie thair " on 12 August, 1630. The necessity for this decree is thus set
forth : " the said defender hes removet himselff af of the persewares lands quhairbe the
said act hes not authentic to poind."
23. Nature of Action not disclosed. Wm. Leslie of Ryhill v. Margaret Forbes, widow
of Patrick Leslie of Duncanstoun, Oliver Gordon, her husband, and George Gordon of
Terpersie. This action was wakened on 29 Novr., 1633.
27. Action of Removing. John Forbes of Balnagask and Mr. James Forbes of
Hauchtoun, as heritable proprietors of Polfluig v. Alexander Maister of Forbes, Dame
Elizabeth Forbes, his wife, and others. The subjects named were Maines and Maner
Place of Polfluig, Fermtoun of Polfluig, Gardes Croft, yards, orcheards and croft
thereof, and toun and lands of Badevin. Date of Sasine not given. According to a
signed receipt on the margin the process and productions were borrowed by the Pursuer's
Procurator on 2 Jany. , 1633.
Deer. 5. Action of Removing. Thomas Davidsone, heritable proprietor of Ardgethin
(elsewhere styled of Bredhauch) v. John Kar, occupier of 8 oxengait of Graystain of
Ardgethin. Date of Sasine not given.
Action of Breach of Arrestment. Mr. Alexr. Davidsone, his Grace's Pro-
curator Fiscal and the said Thomas Davidsone (here styled sometime in Bredhauch) v.
the said John Kar.
Nature of Action not disclosed. John Gordon of Crabstoun v. Wm. Clerk in
Kingiswallis and Andrew Hendersone in Langkarne.
Action for Rent. Robert Skeyn of Tilliebirlach, burgess of Abd. v. Janet Forbes
in Sheil, widow of John Fowllar in Ardfork.
Decree. Sum in Bond. Wm. Cordoner, Notary Public, burgess of Abd. v.
George Crafurd of Annochie, brother gcrman and heir to Hew Crafurd of Quhythill.
The deceased Hew Crafurd borrowed from the Pursuer 100 merks conform to Obliga-
tion produced dated June, 1623, and registered in the Sheriff Court Books on
30 Septr., 1625, extract whereof and of the Defender's service as heir to his brother
were produced.
7. Nature of Action not disclosed. Robert Reid at the Milne of Warthill ?•. John,
James, Wm. and Alexr. Morgin, all in Waster Clova.
360
Decree Books: Vol. EL, Contents
1632.
Deer. 7. Nature of Action not disclosed. George Jonstoun of Craig v. John Jonstoun in
Boginjoss.
12. Action of Spuilzie. Mr. Wm. Lumsden, Advocate in Abd. v. Isobel Dyce,
widow of John Shiphird in Strypes and John and Wm. Shiphird, her sons.
Nature of Action not disclosd. Andrew Knowes of Beildsyd v. John Smyth there
and Herwie in Murthill.
14. Decree. Merchant's Account. Gilbert Jonstoun in Enrurie v. Robert Low in
Maines of Meldrum and John Beath in Savok. " Cloith and Yron " were the com-
modities purchased. Expenses io/- each Defender.
Decree of Registration. Thomas Cargill, burgess of Abd., as assignee of James
Chrystie, Tailzeor, burgess of Abd., and Elspet Barnet, his wife v. Wm. Gordon of
Kennertie, as heir of Wm. Gordon of Kennertie, his father. The Bond constituting
the debt of 700 merks dealt with by this decree, had been granted on 14 June, 1625,
by the late Wm. Gordon of Aberzeldie, as principal, and by Donald Farquharsone of
Tilliegarmonth, Wm. Gordon of Kennertie, John Gordoun of Crabstoun and James
Toshe, burgess of Abd., as cautioners. The- assignation to Cargill was dated 22 June,
1632.
19. Nature of Actions not disclosed. James and Margaret Robertsone, children and
executors of James Robertsone, Cordoner, burgess of Abd., and their tutors v. Wm.
Ord, Wright, burgess of Abd., Marion Philp, widow of the said James Robertsone and
wife of Robert Duthie, Skynner.
David Sym in Ward of Slaines v. John Mitchel, sometime in Dubmyr, then in
Kirktoun of Slaines. Alexr. Gibson at the Miln of Furvie was one of the witnesses
cited to this diet.
Decree of Registration. Wm. Fraser, lawful son of the late Mr. Micheall
Fraser of Techmurie v. Alcxr. Fraser of Techmurie, son and heir of, or charged to enter
as heir to Alexr. Fraser of Techmurie, and John Fraser of Newburgh, his nearest agnate
and Tutor. The Bond for 4000 merks which was the subject of this decree had been
granted by the late Alexander Fraser in favor of his younger brother, the Pursuer, in
implement of their father, Mr. Micheall Eraser's intentions, and their mother, Margaret
Hay's wishes, and by way of family provision for his " support, help and mantenance of
his esteat." It bore date 9 May, 1618, and stated that the granter was then 21 years of
age complete, and was made payable when the grantee should have reached that age.
Decree. Rent. Robert Skeyn of Tilliebirlach, burgess of Abd. v. Janet Forbes,
widow of Wm. Foullar in Sheillis. Rents of four oxengait of the middle third of Tillie-
birlach. Among the items were £\ for " Brewtauch " and £6 for " tuell huikis ane
day in Harwest." Expenses 4O/-.
21. Nature of Action not disclosed. Wm. Gordon of Brodland, as assignee of
v. Alexr. Grig in Auchmachar and Wm. Keyth, younger, in Aldmad for his interest.
Action of Forthcoming. Paul Meinzies, Provest of Abd. v. Alexr. Sangster in
Wattrishemuir and Adam Gordon in Ilalkhillok for his interest.
zz 361
Aberdeenshire Sheriff Court:
1633.
Jany. 9. Nature of Action not disclosed. George Jonstoun, late Bailzie, burgess of Abd. v.
Mr. Wm. Johnstoun, elder, burgess of Abd., Margaret Liddell, his wife, Jean Liddell,
widow of David Watsone, Tailzeor, burgess there, Helen Liddell, widow of Walter
Angous, Skipper there, John Liddell, Cowper, burgess there, and Marjorie Murray, his
wife.
Action of Forthcoming. Cristian Burnet, wife of Alexr. Cruikshank, younger,
burgess of Abd., and her husband r>. Adam Abercrombie in Aid Rain, John Leyth in
Newland and Thomas Farquharsone in Lonheid.
Decree. Forthcoming. Gilbert Andersone, Skipper, burgess of Abd. v. Adam
Abercrombie in New Rain, John Andersone in Ardoyn, Robert Catto at the Milne of
Ardoyn and Thomas Ferquharsonc in Bonytoun, Arrestees, and Capitan John Forbes of
Tulloche and Marjorie Forbes, his wife, Debtors. The Pursuer was creditor of Captain
Forbes in the sum of ^"300 contained in a Bond dated 19 Octr., 1631, and registered in
the Sheriff Court Books, 18 May, 1632. The arrestees were tenants of Forbes whose
rents had been arrested.
Decree. Forthcoming. John Leslie, Thcsaurer, burgess of Abd., as assignee
of Alexr. Leslie, indweller there v. the same Defenders as in the preceding case. The
Pursuer held a decree against Captain Forbes for ^50 and had arrested pari passu with
the Pursuer in the preceding case.
16. Decree of Supplement. Rent. Wm. Symsone in the Hauches of Asseugill v.
Wm. Gordon, elder, in Buquhanochie. Authority was iu this case interponed to an
Act of Court of the Barony of Udoch " haldin at the Scorgie Stryp " on 21 August, 1632.
1 8. Decree. Price of Grain. James Cheyn of Arnadge v. Patrick Carle in
Poitachie, Arthur Forbes at the Miln of Tolmaids, John Gellain in Glentoun and
George Ferquhar in Dewchries. Decree with expenses of 24/- each against Forbes
and Ferquhar. The others appeared and asked a day for lodging defences.
23. Decree. Price of Meal. Robert Irwing of Moncoffer v. Walter Cheyn in
Tilliebin. ^24 for meal sold with interest from Hallowewin 1631 and 3O/- of expenses.
25. Decree. Cutting and Destroying Green Wood. The Marquis of Huntly
v. John Sandiesone in the Muir and a large number of others who were charged with
" cutting away taking and transporting of the grein trees furth of the perse waris woodis
and forrestes of Coulblein and Waterernie" in 1629, 1630, 1631 and 1632. A certain
number of the Defenders did not appear and against each of them decree passed for
.£10 per annnm for each of the four years named. Of those who did appear a few
made modified admissions on oath and were decerned against accordingly. A con-
siderable number were assoilzied because they denied the charge on a reference to their
oaths.
30. Action of Spuilzie. Mr. Andrew Massie, Minister at Drumblait v. James
Cheyn in Kirktoun of Drumblait and John Rhind in Monelie.
362
Decree Books: Vol. EL, Contents
1633-
Jany. 30. Nature of Actions not disclosed. Wm. Meldrum, portioner of Thomastoun v.
John Copland at the New Milne of Auchterles.
Feby. I. John Udny of Balhelvies v. Jean Straquhan, widow of Wm. Forbes in Pitgerso.
6. Decree. Borrowed Money, &c. Sir Wm. Forbes of Cragiewar v. James
Forbes of Bandean, formerly his Chamberlain. Sums in Bonds, sums for which the
Pursuer was liable as cautioner for the Defender and rents collected but not accounted
for were sued for. The whole was referred to the Defender's oath, but he did not
appear.
Decree. Rent or Removing. Sir Wm. Forbes of Craigiewar v. James Forbes
in Tillieriauch, occupier of four ploughs of Tillieriauch and two ploughs of Bandean.
8. Decree. Sundry Claims. Jaspert Cushnie, sometime in Brotherfeild, then in
Hoilmilne v. Wm. Ranie in Iloilmilne and James Irving in Brotherfeild.
13. Nature of Actions not disclosed. Alexr. Irwing of Quhytcarnes v. Patrick Leyth
of Fortrie.
Patrick Gordon in Ballogie v. Andrew Fraser of Midbeltie.
Decree. Price of Meal. John Gordoun of Crabstoun v. Wm. Clerk in Kingis-
wallis and Andrew Hendersone in Langkarne. The Pursuer's case was that he was to
receive " alsmeikill for ilk boll thairof as he sould happin to get for the rest of the
meill sauld be him cropt " 1631, and the Sheriff depute after hearing evidence decerned
for ten merks per boll. The Fiars price of meal crop 1631 was ,£3. Expenses each
Defender 303:
Decree. Rent, &C. Mr. David Andersone of Finzeauch and Alexr. Stewart,
burgess of Abd., his Tutor " be reasone of his furiositie " v. Patrick Calder, sometime in
Meikill Abercattie, then in Finlaterie. The rents and customs of a plough and a half
of Meikill Abercattie crop 1632. Also abstracted multures. Expenses 4O/-. The
price of meal was £10 per boll. Fiars price was £$ per boll.
15. Nature of Action not disclosed. Robert Buchan of Portlethin v. Andrew Ranie
in Kennertie.
20. Action of Deforcement. Mr. Alexr. Davidsone, his Grace's Procurator Fiscall,
and John Pettindreich, Mair depute, for his interest v. Rinzean Jonstoun at the Milne
of Innerquhomrie, Duncan Sherar in Coinzeak, Andrew Milne at the Milne of Drum-
breck, John Harper in Coinzeak, Wm. Litlejohne in Wittingshill of Milnebreck and
Gilbert, James and John Ogstoun there, none of whom appeared.
Decree of Supplement. Rent, &c. James Crichtoun of Frendracht and Dame
Elizabeth Gordon, his wife v. James Hay in Cowbairdie. The authority of the Sheriff
was by this decree interponed " vicis gratia et in supplementum justitite to ane Court Act
of the Baronies and Lands of Frendracht, Convoy and Kynnardie haldin within the Hall
of Auchingoul " on 22 Novr., 1632, "be Robert Spence of Tulloche. bailzie" to the
Pursuers. The narrative stated the necessity for the decree thus " the said James
Hay is removet furth of the saidis complenaris ground and lands quhairbe the grund
officer hes no powar to poind or distreinzie the said James his guids and geir."
363
Aberdeenshire Sheriff Court:
1633-
Feby. 22. Nature of Action not disclosed. Mr. Gilbert Ross, Maister of the Musick School
of Auld Abd. v. Alexr. Williamsone, Baxter, burgess of Abd.
Decree. Trespass by Cattle, &c. Wm. Lyon at the Milne of Auchterellon
v, George Clerk in Elloin, Ten merks for a boll of, great oats crops 1631 and 1632.
The Defender having failed to appear to give his oath, decree was given against him
with 13/4 of expenses.
27. Nature of Actions not disclosed. Andrew Fraser, younger, of Staynniewod, as
assignee of Wm. Erskin, brother gennan of Thomas Erskin of Balhaggartie v. George
Cantlie in Cloffrick, George Ross in Touxhill, Gilbert Low there and Janet Keyth,
Guidwyff of Touxhill, for her interest.
Mar. I. Meattie Fidler, widow of George Blak in Belliscamphie, and John Sym in Artrochie,
her husband, for his interest v. Wm. Leask, younger, of that Ilk.
6. Action of Ejection. James Hervvie, sometime in Boighoill, then in the Hospitall
of Old Abd. (in a subsequent entry designed " Beadman in Aid Abd.") v. Andrew
Forsyth in Boighoill.
Action of Forthcoming. Robert Irwing of Feddrett v. Wm. Kirkland in
Gordonesmilne, Agnes Gray, widow of John Moresone, Henry Cristall, her son,
Andrew Hoig in Cottown, Andrew Auquhath in Abd. and George Brown, Fermorer
in Abd., for his interest.
Nature of Action not disclosed. Alexander, Maister of Forbes, and Dame
Elizabeth Forbes, his wife v. James Scott in Tailzeauch, Henry Layng there, Wm.
Ingraham in Towie of Clatt and Patrick Burnet there.
Decree. Cutting and Destroying Green Wood. Arthur, Lord Forbes,
and Robert Wilsone and John Brebner, " Frosteris " v, John Copland at the Nother
Milne, Patrick Mortimer, servitor to Alexr. Forbes in Bredhauch, Duncan Shreff in
Kirktoun of Forbes and a large number of others, of whom five were assoilzied on a
reference to their oaths. One appeared and made a modified admission. Against the
others who were absent, decree was pronounced as prayed for on 27 March. The
woods named were Drymminoir, Birks of Windisey, Wood of Bithnie, Boig of Balfour
and Boig of Langhauch.
Decree. Warrandice. Mr. Wm. Ogstoune in New Glack v. Wm. Scott in
Saucherley. Scott had sold to Ogstoune " ane black naig of the aige of fyve yeirs or
thairby " a year previously, for ^24. One Wm. Moir in Strathspey was now claiming
the horse as having been stolen from him by Scott. This was an action by Ogstoune
against Scott for warrandice and relief in which the Defender appeared and consented
to warrand Ogstoune at all hands. Decree accordingly.
364
Decree Books: Vol. HI., Contents
1633-
Mar. 6. Decree. Trespass by Cattle, &c. Wm. Andersone in Auld Milne of Wast
Toune v. Patrick Fyff, elder, Patrick Fyff, younger, and Wm. Fyff, younger, and James
Jaffray, all in Melgome, James Skeyn and James Moir in East Toune, Alexr. Cowtes,
Wm. Fyff, John Reid, Elspet Fyff, John Makrobie and George Mackellis in Wast
Toune and Andrew Thomsone in Wardheid. The Pursuer's crops were said to have
been eaten in 1630, 1631 and 1632 by the " guids horss nolt scheip swyn and utheris thair
bestiall " belonging to the Defenders, most of whom appeared and on a reference to
their oaths admitted some damage, but a good deal less than was claimed. The
Pursuer put the price of the boll of oats with fodder at ten merks while the Sheriff fixed
it at four merks. Each Defender had to pay 6/- of expenses.
Decree. Rents. Mr. Wm. Burnett, Minister at Kynnairnie v. the tenants of
Sunhonnie, Midmar and Makterrie and Alexr. Gordon of Aberzeldie, for his interest.
The Pursuer had a wadset of the lands of Bandtoothe, Kirktoun of Kynnairnie and
others, conform to a contract of wadset dated 5 June, 1628, and registered in the Books
of Council and Session 8 June 1632. In warrandice of the conveyance of these lands
he had a disposition of Sunhonnie, Midmar and Makterrie, and Sasine following
thereon dated 17 June, 1628. Elizabeth Setoune, widow of the late William Gordoune
of Aberzeldie, having obtained a Decree ordaining Burnett to remove from the principal
lands, he now fell back upon the tenants of the warrandice lands in order to make his
security operative and effectual, and obtained this decree against them. It may be
noted that at this Court, probably in view of the importance of the cases, the principal
Sheriff depute Alexr. Forbes of Boyndlie sat along with the ordinary working depute
Mr. James Irving, Advocate in Abd.
8. Nature of Action not disclosed. Margaret Forbes and Alexr. Banerman of Elsick,
her husband v. Wm. Fergowson in Newtoun of Murthill and John Yuil there.
Decree. Yarn. Lairage of Cattle. George Hay in Buthlaw v. Patrick
Ritchie in Peterheid, as debtor for Agnes Layng there, and Gilbert Mitchel in
Cocklaw. The first Defender was ordained to pay £10 for " yarne taken be her," i.e.
Agnes Layng, "to lilt and not restoirit again." The Defender Mitchel had to pay
" for tua nightes laires of fyv nolt and tuentie sheip in the said George his comes of
Thundertoun of the cropt 1630 yeirs ane firlott quhyt aittis ilk heid of nolt nightlie and
ilk fyv sheip ane firlott lyk aittis nightlie pryce of the boll ten merkis." Expenses if/-
each Defender.
Decree of Exhibition. John Fyff, lawful son of the late John Fyff in Balchynnie
v. Meat Leyth, his widow, and John Gareoch in Willingis (in another entry called
Walhous), her husband, for his interest. This was a decree for production of a Bond
by the late Wm. Forbes of Corsinday, as principal, and Robert Merser in Endowie for
300 merks, which was said to belong to the female Defender in liferent and to the
Pursuer in fee. Expenses 4O/-.
13. Decree. Rent. Mr. Wm, Davidsone of Ord ». Wm. Abircrombie at the Milne
of Durnocht. The rent and customs of Milntoune of Durnocht crop and year 1632.
Expenses £$.
365
Aberdeenshire Sheriff Court:
1633-
Mar. 13. Decree. Forthcoming. Robert Alschioner, portioner of Boighoil, burgess of
Abd. v. Alexander Sangster in Wattrishemuir and Adam Gordon in Halkhillok, for his
interest. A sum of 1000 merks payable by Sangster to Gordon, as dot and tocher with
his daughter Margaret Sangster, in implement of Marriage Contract dated 4 August,
1630, and still unpaid, had been arrested in Sangster's hands on 9 Octr., 1632, to secure
300 merks due under a Bond granted by Gordon to Alschioner.
15. Action of Spuilzie. Robert Morgen in Drumquhattie v. Duncan Idill in
Milnetoun of Carnculie.
Nature of Action not disclosed. George Meldrum of Haltoun of Auchterles and
Elizabeth Ogilvie, his wife v. Henry Umphray, indweller in Abd.
Action of Removing. Alexr. Irving of Quhytcarnes v. Neil Makgrigor, alias
Erskin, in Westoun of Cromar. Two Sasines produced but dates not given.
Decrees. Forthcoming1. (Two cases). Alexr. Skeyn of that Ilk v. James
Wattie in Auchterernen, George Duckiesone there, George Andersone in Tulloch,
James Snawie at the Blak Milne, Wm. Wattie there, John La in Berwie, Gilbert Kar
at the Milne of Cragiedarg, Robert Forbes in Rogershill and Alexr. Skeyn, portioner of
Auchterernen for his interest. The foundation of the Pursuer's claim against the
Defender, Skeyn of Auchterernen, in these two cases was a Bond of ^1000 dated 28
Deer., 1624, and registered in the Sheriff Court Books on 22 June, 1633. The other
Defenders were tenants of Skeyn of Auchterernen, whose rents for 1631 and 1632 had
been separately arrested.
Decree for Implement. Innominate Contract. John Smyth in Dames v. John
Calder in Abd. The Pursuer averred a bargain that he was to receive two oxen from
the Defender on condition that the latter was relieved by him of the remaining two
years' lease of eight oxengait of Auld Waster Eight. ( Vide Illustrative Examples infra.}
20. Decree. Rent or Removal. Andrew Fraser of Staynniewood v. George Leask,
occupier of eight oxengait of Waltoun. It was stated that the Defender " hes left his
said rowme and hes maid the same all togidder unstreinzeabill of comes cattell horss
nolt sheip " for payment of the rent.
27. Nature of Actions not disclosed. Alexr. Forbes of Buthlaw, Donator to the
escheat of Brandain Ranie in Cask v. Patrick Meldrum of Iden.
Thomas Chalmer, burgess of Abd. , assignee of Alexr. Chalmer, late Dean of Gild,
his father v. George Chalmer, Citiner in Aid Abd.
Decree of Relief and Payment. Jaspert Cuschnie in Hoilmilne v. Wm.
Gareoch in Breddiach, Wm. Touche in Brotherfeild and James Burnet there. When
tenant of John Leyth of Counteswallis, Cuschnie had been found liable to the landlord
(decree dated 30 April, 1631) in certain sums as damage for trespass. On the ground
that the bestial of the Defenders had contributed to the damage, Cuschnie sought by
this decree to operate his relief against them. Expenses io/- each.
366
Decree Books: Vol. HI., Contents
1633-
Mar. 29. Nature of Action not disclosed. Andrew Gray, Appearand of Shives, assignee of
Elizabeth Seton, Lady Aberzeldie v. Mr. Alexr. Gordon, Minister at the Kirk of Glen-
muick.
Decree. Rent. Wm. Gordon of Brodland v. Thomas Mar in Knok. Part of
the rent crop 1629 of Aid Knok, and the whole of rent crop 1630 were due to Alexr.
Gordon in Haddoleyis, who had assigned them to the Pursuer on 30 August, 1632.
The rent crop 1631 was due to the Pursuer in his own right. Decree now passed for
all with 4O/- of expenses.
Decree. Rent or Removal. Wm. Duguid of Auchinhuif v. Lawrence Calder
in Blelok. The lands of Quhythous of which the Pursuer was heritable proprietor had
been occupied by the Defender but deserted by him.
Decree. Debts. Alexr. Thomsons, burgess of Abd., as assignee of John Thom-
sone in Mowny v. James Forsyth in Saphock, 42 merks, James Kempt in Pitblain, 10
merks, Thomas Knicht, sometime in Fingask, then in Mowny, 34 merks and 10 merks
of interest, Walter Duncan in New Craig, 7 merks, and Wm. Byres in Wasterhous of
Barrak, 80 merks.
Decree of Removing. James Crichtoun of Frendracht and Dame Elizabeth
Gordon, his wife v. James Hay in Cowbardie. The Defender was occupant of the
Pursuer's half of Maines of Cowbardie, of which it was alleged that he had agreed in a
Barony Court to cede possession. He on the other hand claimed that after the date of
that Court the female Pursuer " condiscendit " with him that he " sould keip still his
fyv yeiris tak as he did abefoir quhairof thrie yeiris ar to rin, and that the said Dame
Elizabeth is factrix to hir husband and hes powar of him in all his effaires, at least hir
husband consentit thairto." The Sheriff depute held that this "peremptorie exceptione"
had not been proved and gave decree.
Decree. Damage to Crop. Incoming and Outgoing Tenants. Custom
of the Country. Jaspert Cuschnie, sometime in Brotherfeild, then in Hoilmiln v.
John Findlay in Brotherfeild and James Irwing there. At Whitsunday, 1631, the
Pursuer was the outgoing tenant and the Defenders the incoming. The Pursuer made
various claims for portions of his waygoing crop eaten and destroyed, and succeeded.
One item was the following : " Togidder with half boll aittis eattin and destroyit be
thair guids thaireftir at the Bakies." Expenses 3O/- each Defender.
30. Action of Brack [Breach] of Arrestment. Mr. Alexr. Davidson, his Grace's
Procurator Fiscal!, and James Fraser in Balbrydie, as assignee of John Fraser, his
brother v. Thomas Fraser in Carnebadie, James Downie at the Miln of Midbeltie,
Thomas Tait in Bandar, Simon Fraser there, Elspet Byris, widow of Patrick Straquhan
in Stranduff, James Driedie in Windiehills and John Dick in Crinkieruif.
April 13. Nature of Action not disclosed. Wm. Gray, younger, burgess of Abd., as
assignee of Wm. Gray, elder, burgess of Abd. v. Thomas Meinzies of Balgownie,
Alexr. Meinzies, his brother, Janet Gordoun, their mother, and Andrew Hunter of
Grandom, for his interest.
367
Aberdeenshire Sheriff Court:
1633-
April. 13. Action for Legacy. Absolvitor. John Reid in Eastoun of Cromar v. John
Duncan in Tilliechardoch. The Pursuer claimed 18 merks for a boll of bear left to
him, which the Defender had promised to pay, but the latter denied this on a reference
to his oath.
Decree. Wrongous Intromission. Paul Meinzies of Kynmundy, Provest of
Abirdein v. George Logy in Swailend. The Pursuer's statement was that having, as a
creditor of George Craigheid in Kynmundic, apprised from him " ane hornit broun
bellit kow with ane calf at her fuitt pryce thairof tuentie merkis " which was " tarrit
with his tar," the Defender had in June, 1631, taken possession of the animal. Decree
passed for restoration or payment, with £3 of expenses.
Decree. Restitution. The said George Logy z/. the said George Craigheid.
This was a decree for the sum of 20 merks which the Pursuer had paid to the Defender
for the cow and calf which had been "ewictit" from him by Paul Meinzies of Kyn-
mundie, with £$ of expenses.
Decree. Forthcoming. The said Paul Meinzies v. the said George Logy,
John Ilerwie in Kynmundie and Andrew Dassie in Drumnagar. The Pursuer had
constituted a claim against Herwie for rent in the Commissary Court on 31 March,
1630, and against Dassie in a Court of the Lands on 25 January, 1632. He followed
up these by arrestments of grain, part of which Logy had, according to his admission
on oath, subsequently taken possession of.
Decree. Forthcoming. Gilbert Gordon, burgess of Abd. v. George Andersone
in Deir and Janet Keyth of Touxhill, for her interest. Janet Keyth was due £18 i8/-
and interest to the Pursuer by Bond dated 14 June, 1631, and registered in the Sheriff
Court Books 25 July, 1632, for securing which an arrestment had been used in
Andersone's hands.
May I. Action. Price of Mare, &c. Absolvitor. James Liegertwood in Fornattie v.
Thomas Liegertwood in Corstean. £20 being the pryce of " ane sad broun mear coft
and resauit," &c. On a reference to his oath the Defender denied the claim and was
assoilzied.
Decree. Forthcoming. Mr. Robert Farquhar, burgess of Abd., as assignee
of John Forbes of Balnagask v. Andrew Pattoun in Blakhill, John Bruce in Smalburne,
Alexr. Baxter in Nather Knoxie, Alexr. Bruce there, James Logan in Pettiemarkhous,
John Dunes [or Dinnes] there, John Murcor in Durrie, Alexr. Johnstoun in Milnbreck,
Gilbert Ogstoun there, John Jonstoun there, Gilbert Ritchie there, Wm. Jonstoun
there and John Gordon of Pitlurg, for his interest. Gordon had borrowed from Forbes
1871^ merks on 23 Novr., 1631, conform to Bond of that date recorded in the Sheriff
Court Books on 7 January, 1633. The Bond having been assigned to the Pursuer on
2O December, 1632, he had arrested the rents due by Pattoun and the other Defenders
to Gordon of Pitlurg for crop 1632.
368
Decree Books: Vol. EL, Contents
1633-
May i. Decree. Price of Meal. James Cheyn of Arnage v. John Gellan in Glentoun.
The Pursuer sued for 12 bolls of meal crop 1629 " conforme to the defendar his judiciall
confession maid thairanent befoir the bailzies of Abirdein in November last pryce of the
boll sextein merks money." The Pursuer referred his claim to the oath of the Defender,
who referred it back to the Pursuer's oath, the result being decree for 3 bolls I firlot at
16 merks per boll with 4<D/- of expenses. By the fiars of 1629 the price of meal had
been fixed at 8 merks per boll.
3. Decree of Supplement. Rents. Margaret Forbes, widow of Wm. Irwing of
Murthill, and lyverentar thairof, and Alexr. Banerman of Elsick, her husband v. Wm.
Fergowsone, sometime in Newtoun of Murthill, then in Culler, and John Yuil in
Murthill. The rents of the " fourt pairt toun and landis of Auldfauld" crops 1629 and
1630. The Defenders had been found liable to pay by an act of Court of the lands of
Murthill " according to the feiris of the saids yeiris."
8. Decree. Rent. Sir Wm. Forbes of Monymusk v. Patrick Easone, sometime at
the Miln of Kyncragie, then in Innenteir. The rents of the Meikill Croft and of Torna-
gloiss crop 1631. Price of meal 10 merks. Expenses ^3.
10. Action ot Removing. Alexr. Irwing of Quhytcarne v. Neil Mackgrigor in
Wastoun in Cromar.
Nature of Action not disclosed. Thomas Clerk, Wobster, burgess of Abd. z>. Mr.
James Straquhan, Minister at Coldstain.
Decree. Escheated Estate. Wm. Layng in Barflet, as assignee of Mr.
Alexr. Reid, Wreittar v. John Jamesone in Tillienessell, Alexr. Shreff in Scottismilne,
Patrick Smyth in Auchlyn and Janet Gib, his mother. The late Wm. Smyth in Auch-
lyn having been denounced rebel for not paying a debt, his escheated estate was gifted
to Reid who assigned it to the Pursuer. The Defenders were either debtors to the
deceased or had intromitted with his effects.
17. Nature of Actions not disclosed. Wm. Setone, younger, of Disblair v. Alexr.
Andersone, Thomas Cruikschank, John Hall and James Gordon, all in Mealinsyd,
George Cruikschank in Wranghame, Margaret Irwing, widow of John Setoun, some-
time fiar of Disblair, and Wm. Gordon, her husband, for their interest.
24. John Duff, burgess of Abd. v. Alexr. Hill, John Moir and Alexr. Jaffray, Gardneris
in Abd.
June 5. Action of Brack [Breach] of Arrestment. The Procurator Fiscal and Wm.
Gray, younger, burgess of Abd. v. Janet Gordon, widow of Mr. Thomas Meinzies of
Balgownie, and Alexr. Meinzies, brother german to Thomas Meinzies of Balgownie.
Decree. Price of Meal. Robert Irwing of Moncoffer v. John Forbes in Rive-
hill. Two bolls meal crop 1631 at 13 merks per boll with 3<D/- of expenses.
AAA 369
Aberdeenshire Sheriff Court:
1633-
June 5. Decree of Removing. Mr. Alexr. Reid, liferenter of the lands of Invernetie in
the parish of Invernochtie v. Duncan Name and James Quhytheid in Invernetie. The
Pursuer produced a liferent lease of the lands by John, Earl of Mar, and John, Lord
Erskine, his son, dated II August, 1630.
n. Decree. Trespass by Cattle, &c. James Symsone in Knappernay v. Wm.
Aiken in Tilliegrig. The grain eaten was of crop 1628, and the prices per boll decerned
for were £$ for Small oats, £6 for Great oats and 10 merks for Bear.
12. Nature of Actions not disclosed. Sir George Johnstoun of that Ilk, Wm. Forbes
of Tolquhon, Walter Forbes of Thainstoun and John Forbes of Balnagask, as assignees
of Alexander, Master of Forbes v. Wm. Ingraham in Towie of Clat, Patrick Burnet
there and Henry Lang in Tail/.eauch.
Wm. Blakhall, portioner of Finnersie v. Andrew Smyth in Meikill Finnersie.
19. Patrick Meldrum of Idea v. Robert Leslie in Hilheid of Iden.
Patrick Leyth of Mongarioch r. Wm. Meanie in Bogischalloche.
Mr. Gilbert Paip, burgess of Abd. v. Andrew Meldrum, burgess of Abd., Thomas
Cheyn of Ranestoune and Gilbert Cullen, burgess of Abd., for his interest.
21. Mr. Robert Farquhar, burgess of Abd. v. Gilbert Meinzeis of Pilfodels, Andrew
Meldrum, late Bailzie, burgess of Abd., Wm. Seatoun of Schethin, James Cheyn of
Arnedge, Thomas Cheyn of Ranistoun and Gilbert Cullen, burgess of Abd., for his
interest.
26. Mr. Gilbert Paip, burgess of Abd. v. Andrew Meldrum and Wm. Black, burgesses
of Abd., Thomas Cheyn of Rainestoun, Janet Seatoun, widow of George Seatoun of
Schethin, Wm. Seatoun of Schethin and Gilbert Cullen, late Bailzie, burgess of Abd.,
for his interest.
28. Decree. Forthcoming. John Ingraham, Clerk deput of the Burgh of Abd. v.
Robert Law, Wobster in Auld Abd., Thomas Robertsone, Merchand, burgess of Abd.,
and Jean Hepburne, his wife, for their interest. These last were tenants under the
Pursuer of " tua lauch houssis and chop of the foirlands lyand on the south syd of the
Castillgeat " of Abd., but had not paid their rent of ,£30 for the year to Whitsunday,
1633. In security Ingrahame had arrested in Law's hands " ane wob of plaiding con-
teining thretlie sex elnis of lenth with tua pairs of he wit fingrein plaidis." The Pursuer
valued the plaids at 20 merks each and the plaiding at I2/- the elne.
July 3. Decree. Delivery of Grain or Payment. Alexr. Kar, indweller in Abd. v.
Alexr. Measson in Tirrievail. The Defender had sold bear to the Pursuer and failed
to deliver it. The Pursuer had paid "ane dolor in arlis " and part of the price.
Expenses 26/8.
4. Decree of Removing. Gilbert Meinzeis of Pitfoddells v. Matthew Still in
Petfoddells. Sasine dated 8 August, 1623. Notary the late Mr. Wm. Andersone,
Sheriff Clerk of Abd.
370
Decree Books: Vol. EL, Contents
1633-
July 5. Action of Removing. Patrick Dalgarno in Beyth v. James Wilsone in Draminnor,
Robert Gordoun in Perskew and George Smyth in Towie. Sasine dated 9 June, 1630.
Notary Wm. Simsone.
IO. Nature of Action not disclosed. Robert Johnstoun in Udny v. Gilbert Mutch in
Tilligowny.
Action of Removing. The Marquis of Huntly v. Thomas Michie in Meikill
Raimoir.
Nature of Actions not disclosed. John Lamb in Raineshill v. David Cuming in
Boddomes.
Robert Thomson in Baikiehill v. Patrick Sinklair in Scottaxfuird.
Decree for Goods Sold. Isobell Forbes, Lady Williamstoun v. Wm. Leslie in
Wranghame and John Betie in Bogheid. Leslie to pay for meal at 8 merks per boll,
for malt crop 1631 £6 per boll, and for an ox 27 merks. Betie to pay for small oats
at £6 io/- per boll and for an ox 29 merks.
12. Nature of Actions not disclosed. Alexr. Gordon of Aberzeldie v. Alexr. Aber-
crombie, sometime in Stragirnie [Strathgirnoch], and Wm. Brabner in Crossfeild.
Patrick Gordon, son and assignee of Hew Gordon of Cultis v. George Bruisson in
Mongerie.
Decree. Price of Meal. James Godsman in Kellie z>. James Watson in
Shives and Gilbert Mutch in Tilliegonie. Meal 12 merks per boll. Expenses io/- each.
Decree of Supplement. Past Due Interest. Alexr. Moir in Greindames v.
John Crombie in Glenheid. The past due interest of 100 merks had been decerned for
in the Barony Court of Kemnay and Craigern on 18 September, 1632, but the Pursuer
[? Defender] had removed from the Barony. Expenses .£3.
17. Nature of Actions not disclosed. Gilbert Meinzies of Petfoddellis v. Wm. Seatoun
of Blair.
Wm. Gray, elder, burgess of Alxl. v. Sir Alexr. Hay of Dalgatie and James Cheyn
of Arnadge, Mr. Patrick Maitland of Auchincrive, Thomas Kempt, Fermorer in Abd.,
Richard Irwing, Fermorer there, Wm. Robertsone, burgess of Abd., Agnes Layng,
his wife, Maister Vidast Lawsone and John Lawsone, burgesses, for their interest.
Action of Removing. James Cheyn of Arnedge v. John Burnet in a croft of
Mamewlay.
Decree. Salary. Mr. Patrick Lindsay, Student of Divinity v. Thomas Tilli-
daff, sometime Minister at the Kirk of Foveran. 40 merks for services at the Kirk of
Foveran, with 4O/- of expenses.
Decree. Price of Bear. Alexr. Kar, indweller in Abd. v. Alexr. Kar in Craigi-
darg. £9 for 5 firlots " rin mett." Expenses ao/-.
371
Aberdeenshire Sheriff Court:
1633-
July 19. Action of Supplement. Multures. Wm. Cowper at the Myln of Cauldwalls
v. Wm. Smyth, Alexr. Airth, Alexr. Pattersone and Alexr. Lawrcnsone, all in Ardgrain.
An Act of Court of the lands of Ardgrain, dated 8 December, 1633, was sought to be
enforced, when Airlh appeared, paid the claim against him and was assoilzied.
24. Nature of Action not disclosed. George Gordoun of Nethermuir v. John Mar in
Wattishill.
Action of Removing. Robert Irwing of Fedderit v. Patrick Stewart in Quhyt-
steanes.
Action for Restitution of a Horse. Robert Morgan in Drumquhatie v. Duncan
Idyll in Mylntoun of Cairncowllie.
Decree of Supplement. Rent. Mr. Gilbert Keyth, Minister at Skeyn, pro-
prietor of the third part lands of Litill Finersie v. Thomas Law in Litill Finersie.
Rent crop 1632. Price of boll meal 10 merks, of boll malt 12 merks.
26. Nature of Actions not disclosed. Arthur Forbes of Meanie v. Andrew Sime in
Minnes.
Katherine Simsone in Knoksoull v. Duncan Name in Boigstoun, Alexr. Mack-
villiame, and Robert Mackvilliame in Knoksoull and Wm. Michie in Newgrottie.
Decree. Implement of Lease. Allaster Andersone in Rippachie v. Wm.
Andersone there. The Pursuer produced a liferent lease of the croft of Croy dated 22
June, 1622, of which the Defender had never given him possession. He was now
ordained to give the Pursuer entry and to pay ^3 of expenses.
Decree of Removing. Thomas Fraser of Striechin v. Andrew Craik in Newtoun
of Striechin. Sasine dated 6 June, 1618. Notary George Andersone.
31. Decree. Price of Meal. Robert Irwing of Fornett v. Thomas Erskin in Carnie
and Robert Hall in Kirktoun of Skeyn. The Pursuer had on the Defender's order
delivered various quantities of meal, crop 1630, to the servants of Robert Ferquharsone
of Invercauld, James Ferquharsone of Inverey, John Gardyn of Bellamoir and Alexr.
Gardyn, his brother. Meal £6 per boll. Expenses 3O/- each Defender.
Action of Spuilzie. George Wallace in Claymilne v. Wm. Kanzeauch in Ledin-
turk, Alexr. Lasone in Creach, John Davidsone in Bandley, Wm. Etterschank in Waster
Camphel and John Innes there.
Nature of Action not disclosed. George Leslie, younger, of Kincragie v. Wm.
Gareoch in Torries of Touche, Wm. Lasone in Creauch, Patrick Calder in Findlatrie,
Janet Burnet in Meikill Endovie and Thomas Lasone, her husband.
Decree. Price of Building Material, &c. Patrick Etterschank in Abd. v.
James Machray in New Maidlren. " Tua wallis of clay and staiks " 26/8, " Tua
windowes and tua Lummis 26/8, " Ane pair of dur cheiks of aik " 3/4. For oats eaten
by the Defender's horses, &c., crop 1632, 10 merks per boll was decerned for.
Expenses 26/8.
372
Decree Books: Vol. III., Contents
1633-
July 31. Decree. Grass Violence. George Hay of Easter Auquharnie v. Wm. Cruik-
schank in Auquharnie, Alexr. Pirie there, Alexr. Mathew in Auchinten and Patrick
Gibsone there. The Defenders were charged with pasturing their horses, cattle and
sheep, without any title or permission, on the Pursuer's lands in the summer season of
1632. After proof Pirie, Cruikschank and Matthew were each ordained to pay io/-
for each of 40 nolt, 2/- for each of 80 sheep, and 2O/- for each of 4 horses, while
Gibson had to pay at the same rate for 12 nolt, 20 sheep and 4 horses. The Pursuers
had asked double these rates. Expenses 2O/- each.
Decree. Forthcoming. Mr. Wm. Johnstoun, elder, burgess of Abd. v.
Andrew Meldrum, burgess, and Gilbert Cullen, burgess, for his interest. The Pursuer,
to whom Cullen owed 300 merks besides interest and penalties, had arrested 500 merks
less or more in Meldrum's hands. The latter admitted that 250 merks had been
arrested, " deduceand thairof the sowme of sevin pundis monie for the pryce of ane hat
and ane string " sold by him to Cullen, and decree passed accordingly.
Decree of Registration. Mr. Alexr. Scroggie, sometime Minister at Uilmaok,
then Minister at Auld Abd., and Jean Ross, his wife v. Mr. Alexr. Jaffray, late Bailie
and burgess of Abd., as son and heir of the late Alexr. Jaffray, also Bailie, burgess, Jean
and Marjorie Buchan, daughters and co-heirs of Wm. Buchan, burgess, and George
Moresone, burgess, and Gilbert Skein of Dyce, their husbands, for their interest,
Cristane Curror, as daughter and heir of George Curror, sometime of Dyce, and David
Curror of Fingask, her husband, for his interest. The document of debt founded on
was a Bond for 1000 merks granted by John Leslie of Wardes, as principal, and the
deceased Jaffray, Buchan and Curror, as cautioners, to the Pursuer and his wife, dated
13 Novr., 1611. The obligation was to pay to the creditors " within the duelling hous
of Maister James Ross, Minister in Aberdcin tua dayes preceiding the feast and terme
of Mertimes nixt to cum" [1612] " befoir the doun setting of sun." In case of the
absence of the creditors, or their refusal to take payment, the debtor was to be entitled
to consign in the hands of Mr. Patrick Blackburne, Bishop of Abd., and failing him the
said Mr. James Ross. The Bond was written by Mr. John Ross, Regent in the
" Colledge of New Abirdein," and among the witnesses were Mr. Robert Davidsone,
Advocate, Mr. Thomas Davidsone [Commissary Clerk], Mr. Alexr. Jaffray, Barthill
Jonken, indwellar in Leith, and Alexr. Buchan, apparent of Auchmacoy.
Aug. 7. Nature of Action not disclosed. John Lichtoun, burgess of Abd. v. Patrick Finlay
in Newburge and John Hardie in Haddow. (A Dispensation for proceeding in vaca-
tion was produced at this and all August and September Courts.)
14. Decree of Removing. Alexr. Keyth of Balmuir v. Adam Symsone in Weittings-
hill and Robert Will in Meikill Auquheiche in the Barony of Feddret and parish of
Deir. Sasine dated 21 April, 1628. Notary David Robertsone.
Sept. 4. Decree Against Heir Charged to Enter. Mr. Alexr. Middiltoun, lawful son of
George Middiltoun in Auld Abd., as assignee of (i) Andrew Forbes at the Myln of
Clintertie, who was assignee of Robert Forbes in Rogerhill to a debt of 600 merks, (2)
Hercules Guthrie, Chirurgane, burgess of Abd., to a debt of 400 merks, and (3) Gilbert
Mein/.eis of Petfoddells to a debt of 200 merks v. Elspet Davidsone, only daughter and
apparent heir of Mr. Thomas Davidsone, Commissary Clerk of Abd.
373
Aberdeenshire Sheriff Court :
1633-
Sept. 7. Decree of Removing. John Ogiluie of Birnes v. Alexr. Walker in Miln of
Bischopbirnes in Ellon.
18. Decree of Removing. Andrew Meldrum, Bailzie, burgess of Abd. v. James
Turnor in Kynminintie in the parish of Birse. Sasine dated 21 January, 1630. Notary
Thomas Forbes.
20. Action of Removing. James Cheyn of Arnadge v. John Burnet in Corss of
Mamewlay.
Octr. 2. Nature of Action not disclosed. John Crombie in Edinburgh, as assignee of John
Trowp, burgess of Abel. 7). James Keyth, elder, of Kynnadie, James Keyth, younger,
Fiar thereof, Walter Thomson in Kynnadie and Thomas Watson, Measson, burgess of
Abd., for his interest.
Action of Intrusion. Margaret Colliesone, widow of Walter Colliesone, burgess
of Abd. v. James Colliesone, her son.
Nature of Action not disclosed. Mr. Patrick Gordon of Bracka v. Violet Layng,
widow of Mr. Thomas Gardyn, Minister at Tarves, Elspet Gardyn, his daughter, and
George Merser, Advocate in Abd., her husband, as executors and intromitters with the
deceased's estate, and Win. Gordon, younger, of Sawchin, for his interest.
Decree of Removing. Mr. Robert Petrie, Wreittar in Edinburghe, v. Robert
Cruickshank and other tenants of Cranna, Cranboig, Burnis, Corne and Waik Milne
of Burnis in the Barony of Tolquhon and parish of Fyvie. Sasine dated 6 February,
1633. Notary John Ingrahame.
Novr. I. Nature of Actions not disclosed. Sir Robert Innes of that Ilk, knight baronet ».
John Rhind, Messenger in Monelie, John Sinklair at Boynsmiln, Alexr. Schand in
Crichie, Wm. Schand in Littertie and Arthur Davidson at the Waikmiln of Plaidie.
Sir Paul Meinzies of Kinmundie, knight Provost of Abd. v. John Williamsone,
burgess of Abd.
James Herwie, sometime of Ward of Kinmundie v. Henry Herwie in Ward of
Kinmundie and James Herwie, his son, in Brounhillis.
Decree. Eleven separate Dyer's Accounts. Patrick Jak, younger, Litster,
burgess of Abd. v. Wm. May in Lichnet £11 4/1, David Curror of Fingies, ^"49 I5/-,
David Sym in Ward of Slaines £$ 14/6, Janet Gibson at the Miln of Leask £2 16/6,
Wm. Charles in Elloin £28 18/4, Jean Ogilvie, widow of Wm. Forbes, Fiar of Tilligouny,
£6 0/4, Isobel Irwing and Alexr. Irwing of Altrie, her husband, £24 0/9, George
Gareoch, younger, in Kinstair, for himself £12 6/-, and as cautioner for his mother-in-
law £4 1 8/3, John Stewin in Clunie £2 IO/-, and John Smyth in Balfluig £12 13/4.
All eleven accounts were for " Lilting of yarnes and cloith," and each Defender was
ordained to pay 13/4 of expenses.
374
Decree Books : VoL El., Contents
1633-
Novr. i. Decree. Dyer's Accounts. Patrick Jak, elder, Litster, burgess of Abd. v. Wm.
Abercrombie at the Miln of Durno ^8 5/3 and Janet Keyth " Guidwyff of Touxhill "
^17 4/5. Expenses 13/4 each.
Decree of Supplement. Rent. John Udny of Balhelvies ?;. Alexander
Henderson in Wastburn. The Defender had been tenant of Ardo. Acts of Courts of
Barony of Balhelvies held at Drumheid on 16 Octr., 1632, and at Aid Ovirtoun on 6
July, 1630, were founded on.
Decree of Supplement. Rent. John Udny of Balhelvies v. Andrew Gray,
younger, in Mondurnot. The Barony Court had in this case been held at Old Ouertoun
on 17 July, 1632.
8. Nature of Action not disclosed. Mr. Patrick Lindsay, Student of Divinitie in
Abd. v. Thomas Tilliedaff, sometime Minister at the Kirk of Foveran, for his interest,
and Mr. John Paterson, Minister at the said Kirk.
Decree. Dyer's Account. Patrick Jack, elder, burgess of Abd. v. John
Gareoch in Badivan. ^5 for " litting fyv pund of grein yarne." Expenses 2O/-.
9. Nature of Actions not disclosed. Elizabeth Seton, widow of John Urquhart of
Craigisfintrie, and Alexr. Fraser of Phillorth, her husband v. James Miln at the Milne
of Crichie.
13. Bessie Stalker, widow of Andrew Buchan, Wobster, burgess of Abd. v. Patrick
Sangster in the Hospitall, Alexr. Sangster in the Grein, James Aillies in Aid Abd., and
John Ritchie there.
Mr. George Norrie, Notary Public in Invernoth, " donator to the escheit and lyve-
rent " of Alexr. Fraser of Phillorth v. John Fraser, son and heir of the late Michael
Fraser, sometime in Invernoth.
Decree. Forthcoming. George Farquhar, burgess of Abd. v. James Davidson
in Turreff and David Herwie, burgess of Abd., for his interest. The latter had been
decerned in a Bailie Court to pay the Pursuer £go 13/4 for " merchand wairis coft and
resaiwit," on which he had arrested in Davidson's hands " sex staine of Ilardes less or
mair " said to be worth £6 the stone. Davidson and Herwie, for his interest, were
ordained to make the arrested cloth forthcoming so that it might be " poindit and
apprysit," or else to pay the money value.
Decree. Abstracted Multures. Wm. Cowpcr, tacksman of the Miln of Cald-
wallis v. Wm. Smyth, Adam Smyth, Wm. Airth, Wm. Sym, James Sangster, James
Kelman, Wm. Aiken, Alexr. Lowrenstoun, Alexr. Paterson, James Hutcheon, all in
Ardgrain, John Boner in Wastertoun, John Smyth in Kynharrachie and John Bowman
in Elphin. The Pursuer had a four years' lease from Whitsunday, 1628, from James
Robertson in Caldwallis. The libel being referred to the oath of the Defenders, Airth,
who said he had paid all that was due to the laird of Carmuck, " his Maister," and
some of the others who denied their indebtedness were assoilzied. Wm. Smyth
admitted that he had abstracted " ane firlot and tua half disches " of oats at 7 merks per
boll, which was much less than was asked. Expenses were not mentioned, but on 20
Deer, there was decree against some of the Defenders, who had not appeared, with 6/8
of expenses each.
375
Aberdeenshire Sheriff Court:
1633-
Novr. 13. Decree. Rents. Mr. Robert Ferquhar, burgess of Abd. v. Wm. Cruikschank in
Gardynsmill, John Gordon in Litle Wranghame, Wm. Cruikschank in Colp, Wm.
Home there, Robert Maitland in Skairis, John Anderson in Waikmiln, George Ander-
son in Doghillok, George Fergus there, Andrew Hall there, Wm. Edwart in Meikill
Wranghame, Alexr. Skattertie there, John Home there, Thomas Glennie and John
Glennie in the Crofts of Meikill Wranghame, John Belie in Boigheid, Alexr. Anderson
in Litle Wranghame, Wm. Leslie in Scheil and George Cruikschank in Wranghame.
The rents claimed for 1632 and Whitsunday, 1633, are given in full detail. Sasine pro-
duced but no date given. Each Defender was found liable in 13/4 of expenses.
1 6. Nature of Action not disclosed. Mr. Wm. Burnet, Minister of Kynnairnie v. the
tenants of Midmar and Sunhonnie.
20. Nature of Action not disclosed. Sir George Jonston of that Ilk, Wm. Forbes of
Tolquhon, Walter Forbes of Thainstoun, John Forbes of Balnagask and John Forbes of
Gask v. Patrick Burnet in Towie of Clatt, James Scott in Tailzeauch, Henry Layng
there, Wm. Ingrahame in Maines of Drymminnoir and Janet Forbes, widow of John
Forbes of Craigtoun.
Decree. Merchant's Account. Peter Schewar, Merchant, burgess of Abd. v.
Alexr. Duncan, Merchant in Kyncardyn. 42 merks for merchandise, with i8/- of
expenses.
Action for Implement. Absolvitor. Thomas Davidsone, sometime in Bred-
hauch, then in Meikil Endovie v. Alexr. Forbes of Auchintowll. The Defender, as
heritable proprietor of Bredhauch, had claimed from the Pursuer two years' rents of
Bredhauch, amounting to 600 merks. An action had been raised in the Court of
Session for recovery ; but the dispute had been verbally referred in Edinburgh to John
Forbes of Balnagask, who had ordained Davidsone to grant Bond to Auchintowll for
510 merks. This had been done and the creditor had taken steps to enforce payment.
In the present action Davidsone sought to enforce an alleged promise by Auchinlovvll
that he would assist him in getting a Decree of Relief and payment against the laird of
Caskieben, to whom the two years' rents had been paid and whose receipt for the same
he had. On a reference to his oath Auchintowll denied that he made any such absolute
promise and was assoilzied.
Decree. Meal, Furniture, &c. Mr. Wm. Davidsone of Ord v. (i) Andrew
Walker in Countasvalls, 10 merks and £16, for meal and corn, (2) Isobel Duthie in
Angustoun and Wm. Thomson there, her cautioner, £8 for an Almrie, (3) Andrew
Smyth in Finnersie £6 for a bed, (4) James Ross in Lin ^30 for " ane clock and
borrow it monie," and (5) Alexr. Tailzeor in Kennertie 4O/- borrowed money, with 13/4
of expenses against each Defender.
22. Nature of Actions not disclosed. Margaret Irwing, widow of John Seatoun of
Disblair, and Wm. Gordoun, her husband &. Win. Seatoun, elder, of Disblair.
27. Wm. Keith of Garlogie v. James Mitchell, sometime at the Milne of Garlogie, then
at the Milne of Corsinday.
376
Decree Books : Vol. EL, Contents
1633-
Novr. 27. Action of Ejection. The said James Mitchell v. the said Wm. Keith and Alexr.
Rae at the Milne of Garlogie.
Nature of Actions not disclosed. Robert Annand, burgess of Abd. v. Alexr.
Barroun in Noth, Thomas Ferrour in Tillothrowie and David Hervy, burgess of Abd.,
for his interest.
29. Wm. Leslie of Ryhill v. George Gordoun of Terpersie, Margaret F'orbes, widow
of John Leslie of Flinderis, and Olipher Gordoun, her husband.
Andrew Gray, appeirand of Schives v. Mr. Alexr. Gordoun, Minister at Glenmuck.
Decree. Meal. Robert Johnstoun in Udny v. Gilbert Mutche in Tulliegony.
£12 for each boll of 10% bolls of oat meal, which the Defender had obliged himself to
pay and deliver before Martinmas, 1629, was sued for. The price was to be the same
as that which Wm. Forbes of Tolquhone or the Pursuer should receive for ferme victuall
that year. 16 merks per boll was decerned for.
Deer. 4. Decree. Forthcoming-. Mr. John Gregorie, Parsone of Drumnaok, and Janet
Andersone, his wife v. Sir Alexr. Irving of Drum, knight, and Robert Coutis of Ochter-
coull and Wm. Coutis, his eldest son, for their interest. The elder and younger Coutis
had become cautioners with Sir Adam Gordoun of Park, under a Bond dated 16 and 17
Novr., 1627, in favor of the Pursuers for 2500 merks, of which ^1000 was still unpaid.
Following up an arrestment used in Sir Alexr. Irving's hands, Decree of Forthcoming
for that sum and ^100 of interest now passed.
Nature of Actions not disclosed. Thomas Cargill, burgess of Abd. v. George
Gareoche in Endovie and Wm. Gordoun of Kennertie, for his interest.
11. Bessie Duncane, widow of George Gordoun of Coclarochie v. Alexr. Strauchin,
occupier of the " sone " half lands of Newbigging.
Beatrix Hay, widow of Mr. James Forbes of Knappernay v. Alexr. Fraser of
Techmurie, John Fraser of Newburgh, his Tutor, and George Setoune at the Mylne of
Balcarne, for his interest.
Mr. Wm. Barclay and Mr. Alexr. Davidsone, his Grace's Procurators Fiscal, and
James Forbes of Tilligonie, for his interest v. James Smyth in Boighous of
Decree. Removing. Sir Paull Meinzies of Kinmundy, knight, Provost of Abd.
v. Andrew Dawson, Thomas Morisone, Gilbert Johnstoun, Wm. Craigheid, Alexr.
Wentoun and Wm. Davidsone, occupiers of Kinmundie and Hill of Drumnagair. Two
Sasines dated respectively 16 June, 1601, and 8 June, 1599. Notary, Walter Robert-
sone.
13. Decree. Wrongous Intromission. Thomas Tailzior in Carnabo v. Wm.
Richie in Craig of Cluny. The Defender admitted having taken from the Pursuer's
house 7j£ ells of thick gray claith which he was ordained to restore, or pay for at the
rate of 26/8 per ell. Expenses 2O/-.
BBB 377
Aberdeenshire Sheriff Court :
1633-
Deer. 13. Decree. Forthcoming. Mr. Gilbert Paip, burgess of Abd. v. Andrew Meldrum,
Bailzie, burgess, and Gilbert Cullen, burgess, and Isobel Walker, his wife, for their
interest.
19. Decree. Forthcoming. Patrick Durwart, eldest lawful son of Malcom Durwart
in Balnagowne, and Jean Chalmer, his wife v. Sir Alexr. Irving of Drum and Wm.
Coutis of Ochlercoull, for his interest. 1000 merks decerned for. The Defender Wm.
Coutis was the real debtor in this case.
Decree. Forthcoming. Mr. James Sandelandis, Doctor of the Lawis Com-
missar of Abd. v. Sir Alexr. Irving of Drum and Wm. Coutis, younger, of Auchtercoull,
for his interest. The claim here was founded on a Bond for 2000 merks granted by
Sir Alexr. Gordoun of Cluny as principal, along with Wm. Coutis Fear of Auchter-
coull, Wm. Gordoun Fear of Sauchane, Wm. Gordoun of Cottoun and Mr. Thomas
Gordoun of Pettindreiche as cautioners, dated 20 June, 1630. Decree passed for 1833
merks.
20. Decree. Abstracted Multures. James Bruce at the Scots Mylne of Craig of
Innerugie v. James Fraser, Wm. Bruce, George Patersone, John Craik, Thomas
Robertsone, Cotter, Alexr. Bruce, Patrick Robertsoun, Thomas Robertsone, Beatrix
Tailzeor all in Thundertoun, Wm. Brig in Fortrie and Gilbert Mitchell in Cocklaw.
The years mentioned were 1629, 30, 31 and 32, and the price of the boll of meal and
bear overhead £6.
Decree. Rent. John Duff, burgess of Abd. v. Alexr. Hill, Gardener there.
The Pursuer, in respect that the Defender had not timeously renounced the subjects,
claimed 40 merks and three " furris of kell prycc thairof thrie pundis " as rent for crop
and year 1633. The subjects were described by the Pursuer as " his great yaird on the
north syde of the said burghe and Castellgait thairof lying at the north pairt of the
persewars inner yaird at the south his nather yaird at the eist and the yaird perteining
to the persewar and James Robertsone at the north."
1634.
Jany. 8. Decree. Abstracted Multures. Andrew Burnet, burgess of Abd., as heritable
proprietor of the Miln of Bonytoun v. Wm. Cruikschank in Curtestoun and Wm.
Andersone, Merchant in Bonytoun. Cruikschank appeared and admitted a small part
of the claim. Andersone denied being due anything and was assoilzied.
15. Decree. Damage by Trespass of a Horse. Wm. Mintie in Drakismyres
of Garnistoun ?'. Wm. Meldrum, sometime in Straquharrie, then in Foulsie. The text
bears that the Defender did not appear and that decree passed " in penam contumacie,"
but on the margin is written " Tandem compeirit Wm. Meldrum & be vertew of his
aith absolvit himselff fra the haill clame. Denyes the haill clame upone his gryt aith.
William Meldrum."
Decree. Rent and Removing. Bessie Duncan, widow of George Gordoun of
Cocklarachie, as liferentrix v. Alexr. Straquhan, occupiar of the sone half lands of
Newbigging in Drumblet. Two Sasines were produced dated respectively 23 May and
8 August, 1617. Notaries Mr. Robert Bisset and George Jop.
378
Decree Books: Vol. EL, Contents
1634.
Jany. 17. Decree. Abstracted Multures, &c. James Wilsone in Druminor v. George
Clerk in Caslilhill and a large number of others. Expenses 6/8 each.
Decree. Damages. Trespass of Cattle. Alexr. Ilervie in Grandhome v.
John Eraser in Wattertoun. The Pursuer had growing crop upon the lands of Watter-
toun in 1632 and the Defender was ordained to pay the price of the " brokit " oats
eaten and destroyed at £3 per boll according to the " feiris of the said yeir." Ex-
penses 26/8.
22. Decree. Damages. Trespass of Cattle. Bessie Duncan in Begishill v.
Katherine Smyth, widow of George Mackie, sometime in Denend, and Win. Cruik-
schank, her husband. The years mentioned were 1631, 2 and 3 and the price was
fixed for oats and calf corne at £,6, per boll overhead.
Decree. Damages. Not entering to Service. George Barclay, servitor to
Andrew Meldrum, Baillie, burgess of Abd., and Bessie Duncane in Begishill, his
mother v. Robert Knicht in Adamestoun. The Defender had feed himself as a harvest
hand, but had failed to implement his engagement. The damages sought for and
awarded were £10, " ane pair of new shone " at i6sh., " ane peck of meill " I2sh. and
" ane peck of salt" I2sh. Expenses 13/4.
24. Decree. Loan. Liability of Cautioner. Mr. Matthew Lumsden, burgess of
Abd. "j. John Calder of Migvie, as cautioner for John Andersone in Pettintagart in a
Bond for ^,'25 7/- and interest. Expenses ^3.
Decree. Delivery of a Blank Bond and Payment of Merchandise. George
Johnstoun, elder, burgess of Abd. v. Alexr. Hay of Crimongorth. For non-delivery of
a blank Bond in the circumstances set forth in the decree, the Defender was ordained
to pay to the Pursuer ^40 with interest from May, 1625. Also £10 6/8 for each of 4
bolls victual, crop 1629. Also for " merchandries ane quart stoup and ane pynt stoup
of Flanders Tune." £126/8. Expenses 26/8.
Feby. 7. Decree. Forthcoming. Alexr. Chalmer, Merchant, burgess of Abd. v. Thomas
Symsone, Merchant in Auld Abd., Robert George, Smyth there and Alexr. Tellie there
and Andrew Robertsone in Wattertoun, for his interest. The ground of action was a
Bond by Robertsone for 35 merks, dated 16 April, 1621, and registered in the Sheriff
Court Books, 14 August, 1622. Following up arrestments used in their hands, the
Defenders Symsone, George and Tellie, were ordained to make forthcoming 5 merks
• £10 and ^4 3/4 respectively.
12. Decree. Rents. George Johnstoun, younger, burgess of Abd. v. John Chalmer,
Messenger in Auld Abd., Robert George, Wm. Fyiff, Alexr. Tellie, John Forbes, John
Fraser, Robert Bauerlay, Mr. George Clerk, Thomas Merser, James Innes, George
Kyng and John Mowat, all in Auld Abd. The Pursuer stated in his summons that he
had right from Sir Alexr. Gordoun of Cluny, knight baronet, to the " teynd beir corne
fodder and pruiff of the east halff and teritorie of the croftis of the burgh of New Aber-
dein pertening to Alexander Gordoun eldest lawfull sone to umquhill Patrick Gordoun
of Bursmoir takisman thairof under the Bischop of Aberdein and also the haill feu ferine
beir of the said Alexander Gordoun his lands crofts and ruids lyand in the teritorie of
the crofts of Auld Aberdein " for crops 1632 and 1633. It was the beir for their occupa-
tion of the Old Abd. crofts during these years that the Defenders were sued for and
were ordained to pay at the rate of £8 and £10 per boll respectively.
379
Aberdeenshire Sheriff Court:
1634.
Feby. 19. Decree. Spuilzie of a Cow. Mr. Andrew Massie, Minister at the Kirk of
Drumblait v. James Cheyne in Kirktoun of Drumblait. A " Blak hornit milk kow "
was said to have been taken away in October, 1632. The value was stated at ,£24.
The excrescent profits were calculated at 3/4 per day in " milk labour and fuilzie "
besides a calf yearly valued at ^"4. The case was defended and evidence led. In the
end decree passed for ^24 with 4O/- of expenses, no excrescent profits being given.
Decree. Forthcoming. James Drum, burgess of Abd., as assignee of Robert
Forbes of Auldtoun of Wardes v. Robert Ferguissoun, burgess of Abd., and John Ross
at the Milne of Turrcff, for his interest, as principal, and Thomas Gordoun and Alexr.
Mitchell, burgesses of Abd., as cautioners. The ground of debt was a Bond for 300
merks, dated 20 Novr. , 1630, and registered in the Books of Council and Session, 30
April, 1632.
Decree. Forthcoming. Sir Alexr. Irving of Drum v. Robert Ferguisone,
burgess of Abd., and John Ros at the Mylne of Turreff, for his interest. Ross was
indebted to the Pursuer in the sum of ^120 borrowed on 13 April, 1625.
Decree. Forthcoming. Patrick Farquhar, burgess of Abd. v. the said Robert
Fergusone and Robert Ros. The debt in this case was ^52 borrowed in 1633.
Nature of Actions not disclosed. Alexr. Straquhan of Glenkindie v, Alexr. Gib in
Schives.
Patrick Strathauchine of Kinadie, donalor to the liferent escheit of Janet Keyth,
"guidwyff" of Touxhill, who was liferentrix of Clofrikfuird, and Alexr. Straquhan of
Glenkindie, heritable proprietor thereof v. George Cantlay in Clofrikfuird.
George Meingzeis, burgess of Abd. v. Andrew Hunter, sometime of Grandhome,
and Duncan Davidsone there.
24. Decree. Arrears of Rent. Sir George Johnstoun of that Ilk, Wm. Forbes of
Tolquhon, Walter Forbes of Thainstoun, John Forbes of Balnagask and John Forbes of
Gask z>. Win. Ingrahame in Towie of Clatt, Patrick Burnet there, Henry Lang in Tail-
zeauche, James Scot [or Slot], elder, there and Janet Forbes, widow of John Forbes in
Craigtoun. The Pursuer's title to the back rents claimed for the years 1621 to 1630
was an assignation granted by Alexander, Master of Forbes, dated 17 August, 1630.
27. Decree. Desertion of Occupation. George Cruikschank in Hinder and
Marjorie Schand, his wife v. John Leslie in New Flintier. The subjects let to the
Defender were the " halff toune landis of Auld Flinder," to which the Defender was
ordained to re-enter, to build the house and stock the possession.
Decree. Arrears of Rent. Alexr. Gray in Peterheid v. Thomas Murray in
Cairneurchie and Win. Murray in Fetterangous. The rents of Fetterangous in 1627,
1628 and 1629 were decerned for.
Mar. 5. Nature of Action not disclosed. Alexr. and Wm. Meassone in Auld Abd. v.
Robt. Orum, Cordoner there.
380
Decree Books : Vol. HI., Contents
1634.
Mar. 5. Nature of Actions not disclosed. George Middiltoun in Auld Abd. v. Wm. Dun
in Clubisgowill.
Mr. Alexr. Scrogie, Doctor of Devinitie, Minister at St. Machar Kirk in Auld
Abd. v. Andrew and George Simmers in Disblair, William Setoun, elder, of Disblair,
Isobell Setoun, his wife, and Wm. Setoun, their son, for their interest. On the margin
there is this marking "15 March 1638 I Mr. Alexr. Scroggy son to the persewar
resauit up the lybell & compulsator with all producit in this proces. Mr. Al. Scrogie."
Decree. Abstracted Multures. Andrew Burnet, elder, burgess of Abd. , pro-
prietor of Mylne of Bonitoune v. Thomas Farquarsone in Langheid of Bonitoune.
u. Decree. Dyer's Accounts. Patrick Jack, younger, Litster, burgess of Abd. v.
(i) Helen Setoun, wife of Wm. Innes of Tibbertie and her husband, £11 10/6 ; (2)
John Gordoun of Petlurge, ^47 6/8 ; (3) Margaret Balfour, wife of John Gordoun of
Dowchries, £12 0/3 ; (4) Isobell Fraser in Rivehill and John Forbes, her husband,
£6 io/- ; (5) James Hempseid in Streichin, ^3 5/- ; (6) Katherine Keyth and Wm.
Leask of that Ilk, her husband, £11 5/-. Expenses io/- each.
Decree. White Meal. John Touche, Baxter, burgess of Abd. v. Andrew
Currie in Kowstains, ^30 7/- as the price of ten firlots three pecks of " Quhyt meill "
sold by the Defender to the Pursuer and paid for but not delivered. Expenses 13/4.
12. Decree. Merchandise. Wm. Howiesone, burgess of Abd. v. John Kempt
in Scottistoune. £11 4/- for merchandise sold and delivered, with 2O/- of expenses.
Decree of Supplement. Rents. Alexr. Irving of Wasttoun v, John Reid,
Bessie Pattoun, Wm. Reid and Wm. Fyff, all sometime in Wasttoun. The Acts of
Court of Wasttoun were dated 23 July and 17 Deer., 1633.
Decree. Dyer's Accounts. Patrick Jack, elder, Litster, burgess of Abd. i>. (i)
Janet Gibsone at the Mylne of Leask, ^4 18/4 ; (2) John Banerman in the Deanes of
Peterheid, 5 merks ; (3) Andrew Meldrum in Templand of Auchterles, ^17 6/- ; (4)
Isobell Barclay in Leuchellbraye, 5 merks, and (5) Mary Cruikshank and George Leslie
in Rottmaes, 4 merks. Expenses io/- each.
15. Decree of Supplement. Rents. Mr. Alexr. Scrogie, Doctor of Divinitie, and
Minister in Auld Abd. v. Robert Joise in Learishill, Wm. Sangister in Kavell and
Thomas Pirie at Mylne of Kavell. The Act of Court of the lands was dated 16 Octr.,
Alleged Spuilzie of a Horse. Absolvitor. Patrick Gordoun in Cottoun of
New Leslie z*. Wm. Andersone in Curtestoun. The Defender's case was there had
been a "niffering" between them for an exchange of horses and no spuilzie. This
defence was held to be relevant and thereafter to have been proved, and the Defender
was assoilzied.
19. Decree. Loans. John Kar or Ker in Graystaine v. (i) James Chalmer in
Meikill Endowie, ^4 ; (2) Robert Kaird there, £10, and (3) George Calder in Col-
mellie, 28 merks. Expenses io/- each.
Aberdeenshire Sheriff Court :
1634.
Mar. 19. Decree of Supplement. Rent. George Midiltoun in Auld Ahd., Chalmerlayn
to the Marquis of Huntly v. Win. Dun in Clubisgowell, of which Lord Huntly was
proprietor. The Court of the Lands had been held at Pervinies on 14 May, 1633, by
Alexr. Gardyn, burgess of Abd., " baillzie to ane michtie and nobill Marqueis," &c.
Action of Supplement. Rent. Wm. Settoun of Schethin, as Tutor Dative of
Alexr. Fraser of Techmurie T\ Wm. Daniel in Quynzeich. The claim was the balance
of rent of the " tua schadow pleuchis of the Maynes of Parcok callit Hawandsteinkill,"
crop 1629, according to the " fearis of the said year. The Court was one of the Barony
lands of Parcok and had been held within the " orchart yaird of the samen " on 29
May, 1630.
Nature of Actions not disclosed. George Johnstoun, younger, burgess of Abd. v.
Jean Liddell, widow of Alexr. Rutherfuird, sometime Provest of Abd.
Andrew Barclay of Auchreinzie v. Thomas Craigheid at the Chappell of Fiddcs.
The same pursuer v. Alexr. Grig in Auchmacher.
Sir George Ogiluie of Banff, knight baronet v. John Michell in Aillhous of Fiddes.
20. Sir George Ogilvie of Carnusies, knight baronet v. Wm. Browne, sometime at the
Milne of Knokleyth, then at the Milne of Badinscoth, and Robert Browne, then at
Milne of Knokleyth. There was produced for the Pursuer an Instrument of Sasine,
but without the date being mentioned.
21. Alexr. Irvine of Murthill v. Patrick Leyth in Fortrie and George Johnstoun in
Oykhorne.
22. Decree. Market Dues. Patrick Leyth of Kirktoune of Rayne v. James Oge in
Insche and Helen Binnie, his mother. "The sowme of Aucht punds money of the
rest of Customes of Andersmis Fair last haldin in Kirktoune of Rayne." Expenses 26/8.
Decree. Corn and a Horse. George Leyth of Thriefild v. (i) Thomas Farqu-
harsone in Lonheid of Bonytoune £i"j 6/8 for corn bought of crop 1632, and (2) George
Gordoun in Gettsyd 18 merks for a horse bought. Expenses 26/8.
26. Action of Forthcoming-. Thomas Cargill, burgess of Abd. v. Adam Leyth in
Auchleuchries, Robert Knox, Mylvart at the Myln of Auchleuchries, John Gordoun of
Auchleuchries and James Ogilvie of Auchleuchries, for his interest. Letters of Horning
from the Court of Session containing arrestment were produced.
Decree. Borrowed Money. Robert Irving of Moncoffer, as assignee of Patrick
Frost in Fornat, husband of Elspet Malice v. Isobel Malice in Kintoir. 76 merks and
interest with 4O/- of expenses.
28. Nature of Actions not disclosed. Alexr. Forbes, eldest lawful son of Win. Forbes
of Barnes and heir of the late John Forbes of Barnes and assignee of his father v.
Susanna Leyth, widow of the said John Forbes of Barnes.
382
Decree Books: Vol. HI., Contents
1634.
Mar. 29. Robert Merser, Messenger in Abd. v. Mr. David Lindsay, persone of Balhelwies,
Alexr. Tullidaff of Grigs Ardo and Thomas Turing, brother german of the laird of
Foverane, for his interest.
Decree. Wine. Mr. Henry Buchan, burgess of Abd. and Isobcl Robertsone,
his wife v. Jean Rutherfuird, wife of James Gordoun of [or in] Tillisowell, and the said
James Gordoun. ^80 as the price of " certane wynes " with 26/8 of expenses.
Decree. Rents and Removing. Elizabeth Setoune, widow of John Urquhart
of Craigfintray, and wife of Alexr. Eraser, younger, of Philorth v. James Mylne at the
Mylne of Creichie in the parish of Fyvie. The Pursuer was liferentrix of the lands.
Expenses 4O/-.
Decree. Wrongous Intromission. Wm. Ducane in Frosterhill v. David Moir
there. The Defender had taken five " yowes of four yeiris auld quhyt wollit accept
ane thairof bruikit." They were valued by the Pursuer and the Court at 5 merks each.
10 merks were asked for the profits of the ewes in " lambes woll butter and cheis " but
nothing was given under this head. Expenses 4O/-.
383
Illustrative Examples taken from Vol. IE. of Decree Books
Wages of a Herd
(22 Febry 1632)
The said day in the actione and caus persewit be Williame Forbes
in Kynmundie agains Williame Gordon now in Culter, Tuitcheing the
persewares clame asking at the defendar .... twa peckis meill ilk
weik frae Ruidday to Mertimes for sustentatione of ane Hird in anno
1630 yeirs extending in the haill to thrie bollis and ane half pryce of the
boll ten punds thrie ellis Grayes new cloith quhilk the persewar gaiv to
ane Hird pryce of the ell threttein sh. iiii cl. thrie ellis new Harden pryce
of the ell four shilling tua paires of new Shoon pryce of the pair sex
shilling aucht pennies and tua merks of fie quhilk the persewar gaiv the
Hird the said defendar being oblist to give ane sufficient Hird quhilk wes
not done and swae the persewar halving giwin and peyit no less to ane
Hird the defendar aucht to repey the samen, And that Hirds uses to get
the like [The Pursuer's Oath of Verity having been taken and certain
witnesses examined the Sheriff] DECERNIT and ORDAINIT the said
defendar to pey and delyvir to the said persewar .... ane peck
& half ane peck meill weiklie frae Ruidday to Mertimes for sustentatione
of ane Hird in the said yeir of God 1630 yeirs pryce of the boll ten
punds monie with thrie ellis new Grayes pryce of the ell threttein shilling
four pennies with thrie ellis new Harden pryce of the ell four shillings
togidder with tua paires of new Shoon pryce of the pair sex shilling
aucht pennies, . . . And ordainit preceptes [&c., &c.]
Decree for Implement. Innominate Contract
(15 March 1633)
THE SAID DAY anent the actione and caus persewit at the instance of
John Smyth in Dames agains John Calder younger now in Abd Tuich-
ing the persewars lybell MACKAND MENTIONE that quhair in the moneth
of Merch or thairby im vic threttie tua yeirs the said John Calder being
in possessione of aucht oxingeat lands of the toune and lands of Auld
Waster Eight lyand within the parochin of Eight and Shrefdome of Abd
and he haveing as he alledgit tua yeirs tack thairof of the laird of Eight
heretor of the samen eftir the feast and terme of Witsonday last bypast
the said John Calder promeist faithfullie to the said Complenar tua oxin
384
Decree Books: Vol. EL, Illustrative Examples
viz the said complenar to have the best of his oxin and the said defender
to have the nixt tua and the said complenar the uther fourt best upone
conditione gif the said complenar wald tak his said possessione and mak
him frie thairof at the said laird of Eight his hands for the saids tua yeirs
then to cume And trew it is that the said complenar acceptit the said
conditione and hes tan possessione of the said aucht oxingeat lands and
gottin tak and assedatione thairof for sundrie yeirs to cum of the said
laird of Eight Lykas the said defender renunceit the saids lands in
favors of the said laird of Eight befoir Witsonday And thairfor the said
defender sould be clecernit be decreit of Court ordour of law and justice
to pey and delyuer to the said complenar the saids tua oxin pryce of the
best thairof tuentie four punds and the pryce of the uther twentie punds
monie and sua he sould pey the saids oxin or pryces thairof be reasone
the said defender promisit the saids tua oxin to the said complenar and
to Alexr Smyth his brother upon the conditione above specifeit and that
the said complenar hes enterit to the possessione of the said aucht oxin-
geat lands and trew it is that the said defender hes failzeit in his pairt
thairof and thairfor the said defender sould be decernit to pey the said
tua oxin or pryce thairof aboue specifeit quhilk he refuissis to doe as is
alledgit and thairfor the said defender to heir and sie the premissis verifiet
and provin and being fund of weritie himself decernit be decreit of Court
ordour of law and justice to pey and delyuer to the said complenar the
saids tua oxin of the pryces forsaids or then the saids pryces thairfor and
for the reasones and caussis forsaids or then to alledge as in the said
persewars lybell at mair lenth is contenit COMPEIRIT Alexr Thomsone
pror. for the said persewar and producit ane summonds dewlie execut and
indorsat to this day agains the said defender to heir and sie decreit and
final! sentence pronuncit in the said caus and desyrit the said sentence to
be pronuncit And the said defendar COMPEIRAND be Mr .Alexander
Paip his pror. THE SlllRREF DEPUT forsaid haweing hard sein and
considderit the said persewares lybell defendares defenssis and eikes
ansuers and replyes maid thairto haill proces and probatione led and
deducit in the said caus and thairwith being ryplie and at lenthe advysit
conforme to the said lybell DECERNIT the said defendar to pey and
deluyir to the said persewar Tua oxen pryce of the best thairof tuentie
four punds monie and pryce of the uther tuentie punds monie or then the
saids pryces thairfoir AND THAT BECAUS It wes alledgit and peremptorlie
exceptit be the said Mr Alexr Paip pror. for the said defendar that the
promes lybellit wes upone conditione that upone the morne eftir the
making of the said promes that the persewar and the defender sould have
gon togidder to the laird of Eight then the defenders maister quhom of
he haid tua yeirs tak of the lands lybellit and give the said laird of Eight
then acceptit him tennent and [the defender] wan frie of his said tack at
ccc 385
Aberdeenshire Sheriff Court :
the lairds hands then and in that caice the persewar sould have haid the
oxin lybellit not granting anie pryces lybellit and give the laird upone
the morne receavit him not to be tennent that ilk day the said defender
sould be frie of anie promes lybellit and that the persewar sould have
peyit to the defender ane hundreth merks in caice the laird of Eight
resaiuit him not his tennent uponc the morne eftir the alledgit promes
quhilk the laird did not bot absolutlie refuisit the said persewar for the
said defender his renunceatione the defender peyit guid deid to his said
maister viz fourtie merks and receavit the said laird his discharge thairon
and wald navayes quyt the defender except he haid givin the said soum
of fourtie merks aboue writtin But trew it is that upon the morne the
laird absolutlie refuisit the persewar to be tennent and thairfor the
defender aucht and sould be frie of ony promes for albeit the persewar
be now tennent to the laird of Eight it wes not upone the conditione
forsaid, QUHILK EXCEPTIONE being fund relivant be the said Shref
deput wes admittit to the said defenders probatione and dyvers termes
being assignit to him for proveing thairof peremptorlie he failzeit and
succumbit in probatione of the samen as was cleirlie understuid to the
said Shref deput be the depositiones of certane famous witnessis resauit
admittit and suorne on the said exceptione And thairfor the said Shref
deput decernit conforme to the said lybell in maner aboue exprest with
the soume of four punds monie maid in persuit of the said caus for
expenssis of pley and ordanit precepts [&c., &c.]
Decree of Supplement
(24 July 1633)
The said day anent the actioun and caus of Supliment persewit at
the instance of Mr Gilbert Keyth Minister at Skeyn agains Thomas Law
in Littill [sic] Flindersie Tuitching the persewars lybell desyring the
defender to heir and sie our authoritie interponit in Supplimentum
justicie in and to the court act quhairof the tenour followis The court
of the third pairt lands of Littill Finersie haldin in the hous of Thomas
Law thair upon the tuentie aucht day of June im vic threttie thrie yeirs
Be Wm Keyth in Auchincloch baillzie to Mr Gilbert Keyth Minister at
Skeyn heretabill proprietar of the forsaid third pairt lands of Littill
Finersie Wm Elmslie notar publict court clerk Johne Keyth officer Wm
Rurie dempster the suitts callit the court lauchfullie fensit and affirmit
The said day compeirit the said Mr Gilbert Keyth and comptit and
racknit with his tennent Thomas Law in Littill [sic] Flinersie and fand
him restand awand nyn bollis meill thrie pecks tua haddisches les with
tua bolls malt for his fermes and dewtie of the cropt and yeir of God
i™ vic threttie tua yeirs Compeirit also the said Thomas Law and con-
fessit the foirsaid ground dewitie to be instlie restand awand upon the
386
Decree Books : Vol. HL, Illustrative Examples
quhilk confessioun the bailzie forsaid decernit the said Thomas Law to
pey the foirsaid victuall to his maister within terme of law and failzeing
thairof ten merks for ilk boll meill and tuell merks for ilk boll malt
quhairupon the said Mr Gilbert tuik act and instrument Extract per
me Ita est Willielmus Elmslie not: pub: scribaque dictae curiae And
that be reasone the said victuall is restand awand as yit and that the
defender hes removeit his guids and geir of of the saids lands sua that
the officer thairof can not put the said act to executioun and that the
said officer refuissis to doe the samen And for the reassones and caussis
forsaids and utheris to be alledgit or then to alledge with certificatione
as effeiris as in the said persewaris lybell at mair lenth is conteinit
COMPEIRIT Alexander Thomson pror. for the persewar and producit the
said lybcllit summonds dewlie execute .... and the said act of
court and . . . desyrit the said Shref deput to interpon his authoritie
in and to the said act in supplimentum justitiae And the said said de-
fendar being oft tymes callit and not compeirand THE
SHIRREF DEPUT interponit his authoritie in supplimentum
justitiae in and to the said Act of the said third pairt lands of Littill
Finersie and ordanit precepts [&c., &c.]
Decree for Recovery of Escheated Estate
(15 May 1633)
The said day anent the actione and cans persewit at the instance of
William Layng in Barflet Assigney lauchfullie constitute be Mr Alexr
Reid Wreittar agains John Jamesone in Tillienessell Alexr Shreff in
Scottismilne Patrick Smyth in Auchlyn and Janet Gib his mother
TUITCHING the persewares lybell MAKAND MENTIONS That quhair the
said Mr Alexander Reid hes be gift of his /Ma/ his airis and Assigneyis
the escheit ot all guids geir moveabill and unmoveabill taks steddings
rowmes possessiones actis contractes actiones decreits obligationes re-
wersiones sentences assignationes sowmes of monie horss nolt sheip
cornes cattell insicht plenishing and utheris guids and geir escheatable
quhatsumewir quhilks perteinit of befoir to umquhill Williame Smyth
sumtyme in Auchlyn and now perteining to his /Ma/ and become in his
hands and at his /Ma/ gift and dispositione be reason of escheat lawes
and pratique of this realme and priviledge of his /Ma/ crown throw being
of the said umquhill Williame Smith upon the tuentie ane day of October
im vic tuentie aucht yeiris ordorlie denuncit rebell and putt to his /Ma/
home be wertew of letters of horning raisit and execute agains him at
the instance of James Wilson in Behanye for not peyment making to
him of the sowme of ane hundreth merks money principall with fyftie
merks money of liquidat expenssis conteinit in ane obligatione maid to
387
Aberdeenshire Sheriff Court :
the said James Wilsone thairupon be Robert Gordon in Nevvbiging in
Clat as principal! Wm Towar in Auchmeinzie and the said umquhill
Williame Smyth his cautioners and full debtores of the daitt the fyfteint
day of Merche im vic and sextein yeiris and registrat in the buiks of
Counsell upon the tuelt day of Appryle im vic and tuentie sewin yeiris
as in the saids letters of horning direct thairanent executiones and in-
dorsationes thairof dewlie registrat and utheris letters of Gift respective
maid to the said Mr Alexander Reid under his /Ma/ privie seall thair-
upon of the daitt the tuelt day of December im vic and tuentie aucht
yeiris at mair lenthe bearis Quhairupon the said Mr Alexander Reid as
donator forsaid upon the sext day of Merche im vic and tuentie nyn yeiris
obteinit ane Decreit of General Declarator befoir the Lordis of Counsell
agains the said umquhill Williame Smyth and all and sundrie utheris
halving or pretendand to haive entres finding and declaring that the said
umquhill Williame vves ordorlie denuncit his /Ma/ rebell and putt to the
home for the caus aboue specifeit And that for the samen caus the gift
of escheat wes desponit be his Maiestie to the said Mr Alexander Reid
donator forsaid as is aboue exprest Lyk as the said Mr Alexr Reid be
vvertew of his letters of Assignatione of the daitt the fyfteint day of
October im vic and tuentie nyn yeiris for the caus thairin specifeit maid
and constitute the said complenar his lauchfull Assigney in and to the
said Gift decreit and declarator and haill letters raisit thairon and to the
guids and geir escheatabill of the said umquhill Williame throw being
denuncit his /Ma/ rebell for the caus forsaid AND sieing the said com-
plenar as Assigney forsaid hes now guid and undoubtit richt to all and
sundrie the guids geir moweabill and unmoweabill debtes taks steddingis
rowmes possessiones actes contractes actiones decreitis obligationes re-
versiones sentences assignationes sowmes of money gold silver horss nolt
sheip cornes cattell insicht plenishing and utheris guids and geir escheit-
abill quhilks perteinit to the said umquhill Williame rebell aboue namet
the tyme of the denunciatione of him forsaid or at any tyme sensyn And
that the samen now apperteins to the said complenar assigney forsaid
And that he sould be ansuerit obeyit and peyit thairof conforme to the
lawes and pratique of this realme, and his Maiesties utheris letters of
Gift grantit thairupon in all pointes And albeit it be of veritie that the
persones particularlie under wreittin war adebtit and restand awand to
the said umquhill Williame the tyme forsaid of the denunciatione of him
to his Hienes home for the caus aboue wreittin the particular sowmes of
monie guids geir and utheiris eftir specifeit viz John Jamesone in Mon-
garrie as principall and Alexr Shreff in Scottismilne his cautioner and
full debtor the sowme of Tua hundreth punds Scottis monie quhilk
sould haiw bein peyit upon the tuentie day of Nouember im vic and
sextein yeiris conforme to thair obligatione subscriuit with thair handes
Decree Books: Vol. EL, Illustrative Examples
And sicklyk that the said umquhill Williame haid perteining to him the
tyme of the denunciatione forsaid and in his possession the tyme of his
deceis the guids geir horss nolt sheip cornes and utheris eftir specifeit of
the pryces and valor underwreittin mellit and intromettit with be Patrick
Smyth in Auchlyn thriescoir heid of sheip pryce of the peice threttie
thrie shilling four pennies Item fyv tua yeir old nolt pryce of the peice
ten merkis Item fyv yeir old nolt pryce of the peice four pund Item
three four yeir old nolt pryce of the peice sextein merkis Item ane
stirk ganging in Cadie four pund Item nyn oxen pryce of the peice ten
pund Item four horss at tuentie merks the peice. Item sextein bollis
bear with the fodder in the yard and barne pryce of the boll aucht punds
Item thrie scoir bollis small aittis pryce of the boll four merkis Item
threttie bollis intoun aittis pryce of the boll with the fodder fyv punds
Item the insicht and plenishing estimat to ane hundreth merks Item
the said defunct Wm Smythis warkloomes estimat to ane hundreth merks
Item mellit with be Janet Gib in Auchlyn tuentie bollis aittis pryce of
the boll fyv punds Item ane stand bed and kist for cloithes pryce
thairof ten merks Item ane kow pryce thairof ten punds Quhilks
guids geir and utheris forsaids perteinit to the said rebell the tyme of his
denunciatione to the home and consequentlie sould now appertein to the
complenar as donator thairto And that the said complenar assigney
constitute be the donator aboue namet hes now guid and undoubtit richt
to the forsaids sowmes of money guids geir and utheris aboue exprest
be wertew of the saids letters of gift and decreit of declarator forsaid
following thairupon Neuirtheles the foirnamet persones ounawayes will
mak peyment to the said complenar .... And thairfoir the said
defendares to heir and sie themselffis decernit .... to mak peyment
. . . . THE SlllRREF DEPUT forsaid haiweing hard sein and con-
siderit the said persewares lybell haill proces and probatione led deducit
and thairwith being ryplie and at lenth advysit conforme thairto
DECERNIT the persones particularlie under namet to mak peyment and
delyverance to the said persewar as assigney lauchfullie constitute be the
said Mr Alexr Reid donator to the escheit guids and geir of the said
umquhill Williame Smyth sumtym in Auchlyn [here follows a decree ex-
actly in terms of the prayer] AND THAT BECAUS the said persewares
lybell being fund relivant and admittit to his probatione he werifiet and
provet the samen sufficientlie as wes cleirlie understuid to the said Shref
deputt be productione of the saids letters of gift and decreit of generall de-
clarator following thairon And of the saids John Jameson and Alexr
Shref thair obligatione on the said tua hundreth punds and sicklyk of the
said Mr Alexr Reid cedent and assignatione and als be circumductione of
the saids defendares thair aithes or veritie in quantum facti being lauchfullie
summondit for that effect and not compeirand lauchfull tyme of day
being biddin and thairfoir the said Shref deput decernit in maner forsaid
and ordanit precepts [&c., &c.]
389
Aberdeenshire Sheriff Court:
Damage to Crop. Outgoing and Incoming Tenant*
Custom of the Country
(27 March 1633)
The said day anent the actione and caus persewit at the instance of
Jaspert Cuschnie sumtyme in Brotherfe-ild and now in Hoilmiln agains
Johne Findlay now in Brotherfeild and James Irwing thair Tuitching the
persewares lybell MAKAND MENTIONE That quhair he wes tennent of
the saids lands of Brotherfeild cropt and yeir of God im vic threttie ane
yeiris and haiveing removet thairfrae at the feast and terme of Witsonday
in the said yeir and left his cornes growand thairon John Findlay now in
Brotherfeild and James Irwing thair or ather of them being entrant
tennentes at the said terme to the said complenar his possession of the
saids lands of Brotherfeild and the said complenar haiving comprysit1
his cornes growing on the saids lands at his removeing thairfrae about
Lambes and at his entrie to shear the samen And thair was eattin and
destroyed of the said complenares cornes the said cropt befoir Lambis
tua bollis brockit aittis ane boll and nyn pecks blaudit aittis with ane
firlott bear And that thair was eattin of the samen cornes befoir the
complenar entrit to shear the samen thrie bollis half boll brockit aittis
togidder also with thrie firlottis aittis for ane nichtes lair of thrie horss
eftir the persewares entrie to shear the cornes with ane boll aittis for ane
nichts lair of four horss at sundrie tymes thaireftir perteining to the saids
defenderis Togidder with half boll aittis eattin and destroyit be thair
guids thaireftir at the Bakies pryce of the boll aittis ouirheid with the
fodder the said yeir fyv merks pryce of the boll bear aucht merkis And
that it is of veritie that the saids defendars or ather of them war interand
tennentes to the said complenar his possession forsaid And that he haid
causit compryse his cornes in maner forsaid And that the aboue
wreittin quantities of bear and aittis war eattin and destroyit of his saids
cornes in maner forsaid And that it is the use and custome of the
countrie that all interand tennentes sould pey the skaith done to the
removeand tennentes corne Togidder with four bollis aittis pryce forsaid
eattin be thair guids by2 the cornes forsaids eftir the comprysingis with
four bolls eattin be thair guids in the corne yard pryce forsaid And
thairfoir the saids defendares or ather of them to heir and sie themselffis
decernit to pey and delyver to the said complenar COM-
PEIRIT Alexr Thomson pror. for the persewar and the
saids defendares COMPEIRIT be Mr Alexander Gardyn thair pror. THE
SHIRREF DEPUT forsaid haiving hard sein and considderit
DECERNIT the saidis defendares equallie betuixt them to pey and delyvir
I Meaning estimated or valued. 2 Over and above.
39°
Decree Books : Vol. in., Illustrative Examples
to the said persewar the number of sex bollis ane peck brockit aittis with
ane firlott bear eattin and destroyed of the saids complenares cornes of
Brotherfeild cropt im vic threttie ane yeiris they being intrant tennents
And sicklyk DECERNIT the said Johne Findlay to pey and delyvir to the
said persewar ane firlott aittis and the said James Irwing half ane boll
aittis eattin be thair guids in the said persewar his corne yard cropt
forsaid pryce of the boll aittis fourtie shilling aucht pennies and of the
boll bear four pund sex shilling aucht pennies AND THAT BECAUS it
wes alledgit and peremptorlie excepted be the said Mr Alexr Gardyn
pror. for the saids defendares that they sould be absoluit frae the said
persewares [claim] And that becaus they offer them to prove as accords
of the law that the persewar dischargit and quytit all eattin and destroyit
cornes that the persewar micht lay to their charge befoir putting huik in
the cornes and befoir Barthol day they keiping the fauld with thair guids
in tyme thaireftir quhilk they did and suae the defendares sould be
assoilziet QUHILK EXCEPTIONE being fund relivant be the said Shref
deput wes admittit to the defendares probatione and ane terme being
assignit for proveing thairof he [? they] succumbit in probatione of the
samen as wes cleirlie understuid to the said Shref deputt And als
becaus the said Johne Findlay grantit ane firlott aittis eattin be his guids
eftir the comprysingis And that the said James Irwing grantit half ane
boll aittis eattin in lyk maner be his guids eftir the comprysingis lybellit
And thairfoir the said Shref deput decernit in maner forsaid with the
sowme of thrie punds monie equallie betuixt them for expenssis of pley
maid in persuit of the said caus and assoilziet the saids defendars frae the
superplus of the persewars lybell and maid them quyt and frie thairof in
all tym cuming and ordanit precepts [&c., &c.]
391
The Decree Books: Vols. IV., V., VL and VH, 1634-42
Volume IV. is not, strictly speaking, a Decree Book. It is really a
Diet Book of Interlocutory procedure beginning on 16 April, 1634, and
if any intelligent care had been taken by those responsible for the present
titles, they must have observed, amongst a great deal of other writing, on
the flyleaves at the beginning these words, "Actis and Interloquitoris
begune 16 April 1634." The last entry is dated 3 June 1641, and the
volume is only noticed here for the purpose of explaining that, as the
entries in it merely lead up to the Decrees contained in volumes V., VI.
and VII., no abstract of them has been made. A new departure was
evidently taken by the Clerk of Court at this time in entering his Inter-
locutors and Decrees in separate volumes.
Volumes V., VI. and VII. are identical in character, and so may be
noticed together. The title given to them exactly describes their
contents, which are entirely decrees, without any admixture of inter-
locutory entries, such as are found in the earlier books under the same
title, which have already been dealt with. All three volumes seem to be
complete, and the one follows the other without any material gap or
break. The contents consist of decrees, from 20 March, 1634, to 5
January, 1642, engrossed on nearly 1400 closely written pages. The
leaves of volume V. have suffered in places from damp, and examples of
ink much faded are occasionally met with, but taken as a whole both
paper, ink and penmanship are wonderfully good.
It may farther be remarked that in vol. VII. there can be observed,
not only a general falling off in the volume of judicial business, but
obvious interruptions in the Sittings of the Court, attributable no doubt
to the coming of the " troubles," in which Aberdeen had a very full share.
392
Table of Contents of VoL V, of Decree Books
1634.
Mar. 29. Decree.1 Rents. Mr. Wm. Burnet, Minister at the Kirk of Kinairnie v. Alexr.
Nicol, Wm. Meldrum, Alexr. Cromby, John Crystie, Duncan Troup, all in Midmar,
Wm. Touche, Thomas and John Gellane, all in Sonhonie, and Alexr. Gordoun of Abir-
zeldie. The Pursuer, who had been evicted from the lands of Kinairnie by Elizabeth
Seatoun, widow of Wm. Gordoun of Abirzeldie, now obtained decree against the tenants
of the lands of Midmar and Sonhonie, which he held in warrandice, with y>h each of
expenses. Sasine following upon conveyance by Alexr. Gordoun of Abirzeldie and
Katherine Nicolsone, his wife, dated 17 June, 1628.
Removing. Mr. Alexr. Jaffray of Kingiswallis, Bailzie, burgess of Abd. v. Gilbert
Sym, Gilbert Scherar and John Loban, all in Hiltoune, Thomas Gauld and Wm.
Gauld in Badinlair, James Moir in Graystaine, John Gordoun of Invermarkie and
Andrew Dolachie in Hiltoune, all in the parish of Glass and Lordship of Strathbogie.
Sasine dated 22 Feby., 1633. Notary James Leslie.
Rents and Removing. John Irving of Allathyne v. John Crawfuird in
Muttonbre. Sasine dated 17 January, 1631. Notary John Lessell.
Borrowed Money. Mr. Patrick Chalmer, burgess of Abd. v. Arthur Chalmer,
indweller there. " Sewin rex dollors extending to twentie pund sex shillingis "
borrowed in February, 1633, with 2O/- of expenses.
April 16. Supplement. Sundry Claims. George Gordoun of Nethermuir v. Andrew
Clerk in Kirkhill. Three Acts of Court of the Pursuer's lands of Birness were founded
on, dated in 1631 and 1633.
Forthcoming. Robert Annand, burgess of Abd. v. Alexr. Barroun in Noth,
Thomas Ferror in Tullothrowbye and David Ilervie, burgess of Abd., for his interest.
The last named was due to the Pursuer ^486 and interest. Barroun and Ferror
admitted that there had been arrested in each of their hands £li 2/4, for which decree
passed.
I The word " Decree " will not be repeated in the title of subsequent entries, because in this
Volume every entry is a Decree, and the same remark applies to Volumes VI. and VII.
DDD 393
Aberdeenshire Sheriff Court:
1634.
April 1 6. Borrowed Armour, &c. Patrick Leyth of Kirktoun of Rayne v. Adam Aber-
crombie of [or in] New Rayne. The Pursuer sued for the following articles, which he
alleged that he had lent to the Defender, or their values, viz. : — " Thrie deallis pryce
thairof [sic] to have bein ane kist to umquhill Abercromby Item ane lang
Hagbut gowne with suap vark pryce twentie merkis Togeder with ane Partisone staffe
worth fourtie shillingis Ane Buffet cot with ane pance Thrie steil bonettis pryce of the
peice four pundis Tua pickes pryce thairof sex pundis Tua Lanss pryce thairof threttie
shillingis Ane Jack pryce thairof twentie merkis sex shilling for tua pund of led togidder
with sex shillingis aucht pennies for ilk fit of threttie foit of glass." Decree went
against the Defender on his own confession for the deallis, the Buffet cot or Linder, one
steill Bonnet at 2O/-, one Jack at io/- and the glass. Expenses 26/8.
Forthcoming. Gilbert Meingzeis of Petfoddellis v. Andrew Pattoun in Backhill
of Kinknokie and others, and John Gordoun of Petlurge, for his interest. Following
upon a Decree Arbitral dated 19 December 1632, Meingzeis held a decree against
Gordoun for ^800, in security of which arrestments had been used, followed up by this
Decree of Forthcoming.
June 3. Removing. The Marquis of Huntly v. Alexr. Chalmer in Nothe in the parish of
Rynie, James Andersone in Dumbennan, James Gordoun in Artlayne, James Gordoun
in Bogairtie in the parish of Gartlie, George Calder in Assuanlie, occupier of Drumbulge,
James Petindreiche in [?] Drumheid in the parish of Ruthven, Alexr. Gordoun in Ouer-
hall in Ruthven, John Gordoun at the Myln of Ruthven, Margaret Gordoun, widow of
Alexr. Gordoun in Cromellit and Andrew Straquhan in Colonache in the parish of
Dumbennan. No particulars of Sasine.
4. Export and Import Duties at Peterhead.1 Thomas Nicolsone, Bailzie, burgess
of Abd. TJ. James Smyth, elder, Skipper in Peterheid, Andrew Hay, Skipper there, John
Simsone, younger there, Jean Hendersone, widow of Andrew Nicolsone, Nottar there,
Wm. Forsyth there and James Bruce at Scottismiln. The Pursuer's title to sue was a
" tak and assedatioun of the customs and bulzioune bulzeon or bulzione siluer " of
Peterhead, dated II December, 1627, granted by John, Earl of Mar, Lord High
Treasurer. Some of the Defenders were exporters of meal, bear and malt to Norway,
the export duty being 5/- per boll, some were importers of timber from Norway, the
duty being ^5 per " laidning " or " leadning " of timber, while some were both
exporters and importers. The years claimed for were 1631 and 1632. There was a
reference to the Defenders' oaths, but they did not appear. Expenses 2O/- each.
Removing. John Alexander of Auchmull, burgess of Abd. v. Peter Barnet and
James Symsone in Auchmull, occupiers of the croft " callet Haldagaine." Sasine dated
29 November, 1633. Notary Mr. George Robertsone.
Removing. Robert Alexander, burgess of Abd. v. Henry and James Hervie in
the Ward of Kinmundie. Sasine dated 3 May, 1634. Notary Thomas Forbes.
I This decree is in the original entered at the end of the July decrees, but here inserted in its
proper place.
394
Diet Books : Vol. V., Contents
1634.
June 5. Removing. Thomas Cromby of Kemnay1 v. George Lundie and a long list of
others occupying Raquharald or Raucharald, Glenheicl, Miln of Kemnay, Auquhythie,
Forster Croft, Maynes and Craigerne in the barony of Kemnay and parishes of Kemnay
and Cluny. Sasine dated 28 July, 1624. Notaries Thomas Forbes and the late Patrick
Smyth.
12. Removing'. Edward Johnstoun, Merchand, burgess of Edinburgh v. Wm. Hay
in Nethertoun of Cremongorth, Alexr. Hay there, Alexr. Hay at the Milne of Gathous,
Wm. Scott in Lochhillis, Wm. Scot in Owerloun of Cremongorth and John Tarves in
Tillikiro. Sasine dated 10 April, 1634. Notary Andrew Cruikschank.
Relief and Payment. John Calder, younger, in Abd. v. Gilbert George in New
Waster Eight. The Defender had come under obligation to deliver meal bought from him
and paid for by Jean Gibsone, wife of Maister Robert Barone, Doctor of Theologie, and
the Pursuer had become cautioner for him. Mrs. Barron, who had not got her meal
from George, was pressing the cautionary obligation against Calder, who not only sued
the Defender for relief, but also for payment of ^IO for " ane mett almerie " and 2O/-
for " ane uther almerie " sold by him to the Defender.
Forthcoming. George Johnstoun, younger, burgess of Abel. v. Matilda Hunter
in Abd., James Home, her husband, and a great number of others, debtors of John
Cantley, Maltman in Abd., who was due to the Pursuer 684 merks 6/8, besides interest
and penalty, and was called in this action for his interest.
13. Removing. Gilbert Herwie, burgess of Abd., as heritable proprietor of the lands
and barony of Elrick and Monicabock v. James Herwie in Brumebrey. Sasine dated
163 . Notary Mr. Patrick Chalmer.
Forthcoming. James Hay of Murifauld, as assignee of David Ramsay in Meikill
Auchry v. Robert Fergussoun, burgess of Abd., and John Ross at the Milne of Turriff,
for his interest.
1 8. Removing. Alexr. Fraser, younger of Phillorth v. Alexr. Patersone, occupier of
three bolls sowing within the " Clayfauld " of Fraserburgh, and a large number of
others. Place names mentioned are the Fluris and landis callit the Wardes, Robie
loche, part of Upper Gilkhorne, Craigis Croft, the Lichteris, the Well shed, Bunzetoun,
Ardmakhorne, Ower Mensie, Rathin, Saack and Auchirie. Sasine dated 10 April,
1628. Notary John Pettindriche.
Meal. George Johnstoun, younger, burgess of Abd., and Archibald Farquhar, his
" Grintelman " at Cluny z>. James Kay in Corskie and a large number of others, called
on the marginal title " his meilmen of Cluny," who as principals and cautioners were
the Pursuers' debtors for meal— speaking generally for a boll each. Expenses io/- each.
I Cromby was Sheriff Principal at this time, and sitting on the bench regularly, but on this
occasion Mr. Alexr. Gardyn, Advocate in Abd., acted as Sheriff-depute.
395
Aberdcenshire Sheriff Court:
1634.
June 18. Removing. William, Erll Marscheall, &c. v. Alexr. Davidsone in Owertoun of
Auchires. No particulars of Sasine.
25. Rents. Elizabeth Seatoun, liferentrix of the lands of Strath in Fyvie and Alexr.
Fraser, younger, of Philorth, her husband v. John Hendersone, sometime in Strath,
then at Myln of Pettie. Rent crops 1632 and 1633.
Supplement. Rents and Arrears.1 Sir Paul Meinzies of Kynmundie v. George
Cheyn, George Longawaill, Robert Smyth and Gilbert Johnstoun, alias Muck, all in
Kynmundie, Wm. Craigheid in Drumnagair and Thomas Morisone in . The
Court of the lands had been held on 26 May.
27. Removing. Alexr. Lyon of Mursk [Muiresk] v. John Ros at the Myln of Turref,
occupier of the Toun and lands and Myln of Turref, in the barony and parish of Turref.
Date of Sasine not given.
Pasturage of Sheep. Sir Paul Meinzeis of Kinmundie v. John Williamsone,
burgess of Abd. The claim was for 4/- per head of 80 sheep pastured upon the south
part of Kinmundie during the summers of 1632 and 1633. Decree passed for £21 I2/-
with 4O/- of expenses.
July 9. Removing. George Calder of Assuanlie v. James Syme, occupier of a Brew croft
of the lands of Assuanlie " be north the Walter of Douerane." Sasine dated 13 July,
1615. Notary George Gordoun.
Supplement. House Rent. John Hay, Bailzie, burgess of Abd. v. Wm. Fyff
in Auld Abd. The Act to which the Sheriff was asked to interpone his authority, was
an Act of the Bailzies of Abd. The situation of the house is not mentioned but the
rent was ^38.
Forthcoming. Barbara Hay, in the service of Ladie Margaret Hay, sister of
William, Erie of Erroll v. Robert Ferguison, Merchand, burgess of Abd. and John
Ros, at the Myln of Turref, for his interest. The Pursuer's claim was 250 merks,
besides interest and penalty. The arrestee admitted £159 3/8, which he was ordained
to pay.
1 6. Rent. Caution to Pay, Plenish or Remove. Andrew, Lord Fraser v. Alexr.
Youngzone in Invernorth.
1 8. Exhibition of Lease. George Gordoun in Annachie v. James Gordoun, por-
tioner of Knokley. A lease of 6 oxengait of Cuschnie in Auchterless granted by Robert
Dempster of Cuschnie to the Pursuer.
19. Removing. John Turing of Fouerane v. Andrew Gray at the Auld Myln of
Fouerane. Date of Sasine not mentioned.
I In the original volume this decree is recorded among the decrees of the 29 October, but is
entered here in its proper chronological order.
396
Decree Books : Vol. V., Contents
1634.
July 23. A Caldron. Wm. Iluiesone, burgess of Abd. :>. James Watt in Chapel of
Gariouch. The price of the caldron was ^36.
Failing to Enter Service, &c. David Prat in Knaven v. Patrick Chein in
Darnoboe, Andrew Lyall in Corbishill and Barbara Jack in Auchincrive. Prat was due
the balance of the price of a horse and Lyall 10 merks of borrowed money. The case
against Jack was " for hir fie schoe being fiet befoir Witsonday last and not enterit
home." The detail of the fee, which she was ordained to pay, was 4Osh. 8d. of money,
" a pound of wooll 10 sh three quarters of lining or 6sh 2 pair of schuin price i6sh ane
old schark or 6sh and a pair of auld hose or 3sh 4d." Expenses io/- each.
25. Borrowed Money. James Gregorie, burgess of Abd. v. John Gariouch, Cham-
berlein to the Laird of Cragivar. 100 merks borrowed. Expenses 4O/-.
Abstracted Multures. George Seatoun at the Myln of Bourtie v. Wm. Yet in
Auchinhive and Helen Chapman, his wife. The claim was for the years from 1628 to
1633 inclusive.
Borrowed Money. Absolvitor. George Gordoun in Annachie v. James
Ogilvie, portioner of Cuschnie. The Defender on a reference to his oath denied being
due the sum of £20 sued for.
Trespass of Cattle. Absolvitor. James Keyth, Fear of Kinaldie v. Patrick
Forbes in Milnboy and Walter Thomsone in Kinaldie. Each of the Defenders on a
reference to their oaths, denied the claim made.
Removing. Mr. James Sandilands, Commissar of Abd. v. John Gordoun in
Crabistoun, James Gordoun, his eldest lawful son, and other tenants of Crabistoun.
Sasine dated 27 August, 1632. Notary Wm. Downie.
30. Removing. Mr. James Sandilands, Canonist of the Kingis Colledge in Auld
Abd. v. Gilbert Sangster and John Porter in Auld Abd. The subjects are described
as " the houss and manss callit the Canonists manss with the yard and taillis pairtis
pendicles and pertinents thairof." Instrument of possession dated 2 January, 1634,
under the hand of Mr. Robert Reid, Notary, was produced as the Pursuer's title.
31. Grain and a Horse. James Keyth, Fear of Kinadie v. Archibald Pattone in
Tartowie and Isobel Fraser, sometime Ladie Durris. Some oats with the fodder at 8
merks io/- per boll, bear at 16 merks per boll and a horse at £12.
Augt. 22. Removing. The Marquis of Huntly v. John Duguid in Littill Govill and Walk
Miln thereof, in the parish of Sanct Machar. This case had been advocated to the
Court of Session and remitted back to the Sheriff. Date of Sasine not given.
23. Failure to Enter under Lease. Robert Seatoun of Minnes v. James Aikin in
Ardow and Alexr. Lyon in Darrahill. The Pursuer alleged that the Defenders had
taken a five years lease of 8 oxengait of Crabidonald from Whitsunday, 1634, at the
rent specified in the libel, but had not entered on possession. On a reference to his
oath Aikin admitted having promised to take half the subjects at half the rent libelled.
Decree accordingly. The entry was apparently left incomplete as regards the other
Defender.
397
Aberdeenshire Sheriff Court:
1634.
Sept. 12. Supplement. Debt. Cristian Tawis, widow of George Fyff in Eastoun [of
Cromar] v. William Ros in Endago. The Defender had been found liable on his own
confession in a Court of the Lands of Eastoun on 22 February, 1634, to pay 16 merks
to the Pursuer.
1 6. Rent. Grazing, &c. George Lyon at the Myln of Mongarie v. James Auchin-
leck at the Myln of New Leslie and Isobel Wobster, his wife. The male Defender,
who had occupied the Myln of Mongarie and " yeard beloning thairto & bannock
thairof " in 1631, 2 and 3 was here sued for the rents, as well as for the grazing of his
cattle.
Removing1. Mr. James Raith of Edmonston, Advocat, " Donator and haweing
be gift of our Souerane Lord the escheit and lyfrent of Androw Meldrum of Muirs of
Fyvie " v. the said Andrew Meldrum, David Sinclar in Mackterrie, George Legat in
Myln of Mackterrie, George Chein in Ouer Muirfoundland, James Scorjzack and Alexr.
Brand in Nether Badichell, James and Wm. Grives in Ouer Badichell, David Duguid,
Wm. Smyth, John Hoig, John Gabriall and Alexr. Bruce in Blachric, John Cruikschank
in Suanefuird and John Stewin in Ouer Muirfoundland.
30. Registration. Walter Forbes of Thainstoun v. George Crichtoun of Crichie.
This was a decree ordaining the registration of a Bond granted by the Defender to the
Pursuer for £10 ids. 7d. of money and 20 bolls of victual.
Octr. 3, Borrowed Money. Mr. Robert Reid, burgess of Abd., as assignee of Alexr.
Neilson in New Milne v. James Ronald, elder, in Wester Clova. 22 merks of borrowed
money with 24/- of expenses.
10. W^ool. Andrew Watsone, burgess of Abd. v. James Ronald, elder, in Wester
Clova. £$ 133. 4d. as the price of " ane half stain of Wooll." Expenses I2/-.
Grain. Walter Forbes of Thainstoun v. George Crichtoun, younger, of Crichie.
Meal and malt crops, 1632 and 1633. Expenses l8/-.
11. Supplement. Debt. Andrew Burnet of Shethokisley v. Wm. Reid in Kirktoun
of Skeyn. The Defender had enacted himself in the Burgh Court on 9 November, 1633,
to pay the Pursuer the sum of 14 merks io/-, but had removed out the jurisdiction of
the Burgh Court.
17. Exhibition. Sir Wm. Forbes of Monymusk and John Forbes of Leslie v. John
Gordon, elder, burgess of Abd. The Pursuers had granted to the Defender an obliga-
tion to deliver to him 1000 bolls of victual crop, 1630. I laving fulfilled their obligation
they now sought and obtained decree for delivery of their bond, or alternatively of a
valid discharge.
21. Removing. Wm. Forbes of Torrie, otherwise Ovirtorrie, burgess of Abd. v.
Patrick Gordoun, lawful son of Wm. Gordoun, sometime of Cottoun, and his Tutors
and Curators, for their interest, and Wm. Kirkland, Pickieman in Gordonsmiln. The
lands of Cottoun in the parish of Sanct Machar were the subject of the decree. These
had been last occupied by Patrick Gordoun, sometime of Gordonsmiln, grandfather of
Patrick Gordoun, the Defender. Sasine produced but no date given.
398
Decree Books: Vol. V., Contents
1634.
Octr. 22. Rent. Caution to Pay, Plenish or Remove. Alexr. Lumsdcn of Clova v.
George Connan in Clova, occupier of the South half of Maines of Clova under lease
for II years from Whitsunday, 1633. The Defender was in arrears with his rent and
had deserted his possession. He was ordained to pay what was due, to stock the farm
and find caution for the future.
31. Supplement. Rent, &c. Sir John Leslie of Wardes, knight baronet v. George
Anderson in Dunniedeir. Authority was interponed to an Act of Court of the Barony
of Wardes, held at Wardes upon 13 September, 1633, by which the Defender had
been ordained to make payment of certain back rents, &c., to the Pursuer's Factors or
to Michael Jamesone, Chamberlain to the Earl of Rothes.
29. Rent. Andrew Meldrum, Bailzie of Abd. v. James Turner in Kynmynnitie.
Rents of Kynmynnitie, crops 1632 and 1633.
Novr. 4. Registration. Wm. Andersone, burgess of Abd., as heir of Arthur Andersone,
his brother v. Thomas Gordon, Alexr. Mitchel and James Cruikschank, burgesses of
Abd. There were ordained to be registered (i) a Bond granted by Gordon and Mitchel
to the deceased Arthur Andersone for 500 merks, dated 24 May, 1630, and (2) a Bond
granted to him by Cruikschank for 500 merks, dated 12 June, 1631.
12. Exhibition. John Seaton of Auquhorthies and George Seton, his eldest lawful
son by his wife Helen Leyth v. Mr. Alexr. Davidson, Advocate in Abd. and Wm.
Seton of Udny, for his interest. The writing of which exhibition was sought was a
contract dated 30 May, 1634, whereby Wm. Seton, with consent of his wife, Margaret
Grahame, bound themselves for onerous causes to convey to the Pursuer and his son in
liferent and fee respectively, the "Maines of Udny with the towr fortalice maner place ;"
&c. , the lands of Kilmortoun, Milne of Udny, the " heretabill richt libertie & priviledge
of the mercat callit Crystes fair and the advocatione donatione and richt of patronadge
of the Kirk of Udny callit Crystes Kirk and Chappellenrie of Udny," &c. The deed
was exhibited but a motion made for registration was resisted and the case seems to
have been subsequently advocated to the Court of Session.
14. Supplement. Trespass of Cattle, &c. James Ogiluie in Cuschnie, proprietor,
along with Robert Dempster, of the third part lands of Cuschnie v. George Gordon,
sometime in Cuschnie. The Act of Court was one of the said third part lands of
Cuschnie, dated 13 February, 1634.
Supplement. Arrears of Rent. Wm. Seton of Schethin, as Tutor Dative of
Alexr. Fraser of Techmuirie v. Wm. Daniel in Quonnak. The Defender had in 1629
occupied part of Mains of Percok and the Act was an Act of the Court of the Barony of
Percok " haldin within the orchard yard of the samen " on 29 May, 1630.
19. Ejection. John Reid, sometime in Wasthauch, then in Caskieben v. James
Gellan, sometime in Tillifour, then in Wasthauch. The Pursuer had been occupier of
Wasthauch in Oyne under "the Richt Worschipfull " Sir Alexr. Gordon of Clunie,
when in 1634 he was ejected by the Defender. By this decree the Defender was
ordained to re-enter the Pursuer to the lands and to pay the violent profits detailed in
the entry, with £3 of expenses.
399
Aberdeenshire Sheriff Court:
1634.
Novr. 21. Price of a Wedder and Grazing. Wm. Stewart in Jakstoun v. Thomas Blak
in Eastertoun of Fyvie and Thomas King in Balcarne. Blak was ordained to pay ^4
as the price of a wedder sold and delivered to him, and King 8 merks for " girssing of
nolt " in 1632 and 1633. Expenses io/- each.
22. Forthcoming. Sir Paul Meinzies of Kinmundie, Provost of Abd. v. Gilbert
Herwie, elder, burgess of Abd., and Thomas Moriesone in Kinmundie, for his interest.
This decree followed upon the decree for rents (supra p. 396) and an arrestment in
Herwie's hand's on io October. The amount now decerned for was 72 merks.
26. Wrongous Intromission. Gilbert Gardyn, Fear of Tullifroskie v. James Skae
in Wester Kincardyne. £24 for corn belonging to the Pursuer " mellit with" by the
Defender with 2O/- of expenses.
Supplement. Rents, &c. John Gordoune of Craig v. James Fergus, sometime
in Drymmeis, then in Blakhall, and Wm. Swaip, sometime in Drymmeis, then in
Knokinblewis. An Act of Court of the lands of Drymmeis, dated 18 December, 1633,
was founded on.
Deer. 3. Outgoing and Incoming Tenant. Damage by Cattle. Kathering Fraser,
lawful daughter of John Fraser of Clinterlie v. John Clerk, sometime in Wester Fintray,
then in Kynnellar. The Pursuer and Defender were outgoing and incoming tenants
respectively of the lands of Kynnellar, and the former made very large demands upon
the latter in respect of crop eaten and destroyed by Clerk's cattle and succeeded in
getting decree for a part of them. She pleaded as the ground of her claim in law that
the incoming tenant " suld mak the said persewar haill comes."
5. Rents. George Gawin, son of the late George Gawin in Collielaw and James
Blakhall, burgess of Abd., and Harie Gawin there, his Curators, v. Grissel Mathie in
Newburghe and Wm. Webster there. Rents of crofts in Newburgh. Expenses against
Mathie 3O/- and against Webster 2O/-.
Delivery. Plate, Jewels and Clothing. Elspet Gordoune, wife of Andrew
Huntar, burgess of Abd., and the said Andrew Huntar v. Thomas Meinzeis of Bal-
gownye, Alexr. Meinzeis, his brother german, and Janet Gordone, widow of Mr.
Thomas Meinzeis of Balgownie. The Pursuer's claim was for delivery of the "haill
moveable guidis goldsmith wark silver wark Jewells abulziement insicht and plenishing
contained in ane Inventer produced " which were said to be in the Defender's possession
as custodiers. The latter pleaded that the effects had been arrested in their hands but
eventually decree passed in a modified form.
io. Malt. George Jhonstoun, younger, burgess of Abd. v. John Law in Bervy.
About Bartholday, 1633, the Defender bought from the Pursuer and received 8 bolls
of malt at £8 io/- per boll, if paid at Martinmas, but if not paid before Midlentrene,
then the price was to be £g per boll. For the latter sum less 8 "dolors" paid to
account decree was pronounced with 4O/- of expenses.
Rent. The Marquis of Huntly v. John Duguid in Litle Gowell. 550 merks for
the rent of the lands of Litle Gowell and Walk Milne thereof crop 1633 and 425 merks
for a whole year's rent of the lands and a half year's rent of the Walk Milne in 1632.
400
Decree Books: Vol. V., Contents
1634.
Deer. 20. Rent. Robert Alexander, burgess of Abd. v. Wm. Montgomrie in Slugmagullie.
The Pursuer claimed to be heritable proprietor of the lands, deriving right from Alexr.
Gordoun of Carneborrow. On behalf of the Pursuer there were produced a Decree
of Apprising at his instance and an Instrument of Sasine in his favour. The Defender
sat under a lease from Gordoun of Carneborrow, which contained provisions for the
conversion of the grain rents into money. The tenant was apparently obliged, over
and above his rent, to relieve the Pursuer of the proportion of the Bishop's feu duty,
exigible from the lands. Expenses, 4O/-.
Rent. Alexr. Hervy in Grandone and Janet Leslie, his wife v. Patrick Gray in
Tulligreig, Wm. Aikine there, Andrew Shives there and Thomas Midiltoun there.
The Pursuers held a Decree of Apprising of the lands against Alexr. Gordoun of Carne-
borrow and a Sasine from the Bishop of Abd. They now obtained Decree for the
rent crop 1634 and the Bishop's feu duty, with 4O/- of expenses against each Defender.
Rents. Mr. James Irwing, burgess of Abd. v. Alexr. Anderson, John Hall,
James Laird, alias Gordon, and Thomas Cruikschank, all in Mealingsyd, and Margaret
Irwing and Win. Gordon in Mealingsyd, her husband, for their interest. On 5 April,
1630, Margaret Irwing disposed the rents of Mealingsyd to Wm. Seton, younger, of
Easter Disblair, who, being due to the Pursuer 500 merks with interest since November,
1630, assigned them to him in security. In this action Mr. Irving now obtained
Decree against the tenants for the rents of 1630, 1631, 1632, 1633 and 1634. The prices
decerned for were as follows : — Capons, ^4 per dozen ; Poultry, 4 merks per doz. ;
Linen, n/- per ell ; Wedders, ,£4 each.
1635-
Jany. 14. Merchandise. Alexr. Hendrie, burgess of Abd. v. Adam Gordon in Watertoun.
£20 I4/- for merchandise sold and delivered according to account book, containing a
subscribed account produced. Expenses 4O/-.
Forthcoming. Rents. Wm. Cheyne of Carnebanno v. Edward Gordon at the
Milne of Allathin, David Gordon in Greinis, James Cassie in Nathcr Kippernahill and
George Forbes of Allathin, for his interest. The Defender Forbes was due to the Pur-
suer 93 merks 6/8, conform to Bond dated I October, 1631, and registered 13 Decem-
ber, 1633. Following up arrestments used in the tenant's hands, the Creditor sought
and obtained this decree.
1 6. Forthcoming. James Hay of Muiriefald v. George Gordon in Auchmad and
Wm. Leask, younger, of that Ilk, for his interest. Wm. Leask, and his brother, Mr.
Alexander Leask, had borrowed 200 merks from the Pursuer, in March, 1634. Having
used an arrestment in Gordon's hands there was now decree against him, according to
his own admission, for 29 bolls of victual of crop, 1633.
Malt. Nicoll Ross, elder, in Tarlan v. Alexr. Mortimer in Cultis. A boll of
malt crop 1633 at 16 merks lo/-, with 26/8 of expenses.
30. Rent. Alexr. Andersone in Standingstaines v. Alexr. Jamesone in Drumdurnoch
and Wm. Jamesone in Durnoch. The Defenders had occupied the fourth part lands of
Knowis of Durnoch in 1633 and 1634. Expenses 2O/- each.
PEE 401
Aberdeenshire Sheriff Court :
1635-
Febr. 4. Removing. Patrick Straquhan of Kynnadie v. Janet Keyth, George Cantlie and
Jean Knox, occupiers of Touxhill and Cloffrickfuird. The Pursuer was donator to the
liferent of the lands, the same having been made over to him by Alexr. Straquhan of
Glenkindie, the superior, into whose hands it had fallen through the said "Janet
being denuncit his /Ma/ rebel " on 23 June, 1628, &c. The case had been remitted
to the Sheriff on 10 December, 1634, after advocation to the Court of Session.
6. Rent. Gilbert Meinzies of Pitfoddellis v. Thomas Watsone, Measson, burgess of
Abd. The Defender admitted being due the sums asked, for his occupation of the
lands of Gilcomstoun for crops 1633 and 1634.
Meal. Failure to Deliver. Wm. Lumsden, burgess of Abd. v. Wm. Touche
in Ley. The Defender had sold to the Pursuer at Martinmas, 1634, 6 bolls 6 pecks
"guid and sufficient quhyt hard caik meill " to be delivered at the Pursuer's house in
Abd. The Defender having failed to do so, the Pursuer sued him for delivery, or
failing delivery for the price, at £10 per boll and obtained decree. If the meal had
been timeously delivered the price was to have been 10 merks per boll payable at
Whitsunday, 1635. Expenses ^"3.
II. Supplement. Rent. John Udny of Newburgh v. Patrick Sandie in Middilmuir.
An Act of Court of the Barony of Belhelvie " haldin at the Auldtoun " on 31 October,
1634 was founded on. At that Court the Defender had admitted his indebtedness for
the rents of a plough of Middilmuir.
18. Merchandise. Alexr. Ross, burgess of Abd. v. (i) John Chopman in Turreff
and Barbara Halt, his wife, ^37 1/8, (2) James Craig in Cotburne, £,<) 6/-, and (3)
Alexr. Bruce in Carnehill and Thomas Chopman in Turreff, as cautioner for him,
^15 2/-. Expenses 2O/- each.
20. Forthcoming. Mr. Andrew Abercombie, Minister at Fintray v. Wm. Sangster
at the Milne of Kavill and Wm. Setoun. younger, of Disblair, for his interest. 24
bolls victual at 10 merks per boll were decerned for. The debt was 120 merks and
interest.
Meal. John Hay, Baxter, burgess of Abd. v. Wm. Walker in Litill Arnage. 2
bolls of meal at 16 merks per boll. Expenses 26/8.
25. Rent or Removing. Borrowed Money. Margaret Skeyne, widow of Wm.
Blak, burgess of Abd. v. Andrew Keyth in Newburgh and Cristiane Robertsoun, his
wife. The Pursuer was liferentrix, and the Defenders tenants, of certain land and a
tenement in Newburgh, for which no rent had been paid for 1633 and 1634. They
had also borrowed from the Pursuer 5 rex dollars, which were still unpaid. Decree
passed for the past due rent and borrowed money and, failing their finding security for
the future, the Defenders were ordained to remove. Sasine dated 29 Marcb, 1626.
Notaries Patrick Smyth and John Ingrahame.
Caution to Plenish or Remove. John Udny of Balhalvies v, Patrick Sandie
in Midilmuir. [ Vide II February supra],
402
Decree Books : Vol. V., Contents
1635-
Febr. 25. Borrowed Money. Certificate of Illness, &c. Magdalen Innes, wife of
Gilbert Johnstoun of New Leslie and her husband v. Jane Innes " Ladie Balquhyne "
and John Leslie of Balquhyne, her husband. A loan of 1000 merks given by Mrs.
Johnstoun to her sister Mrs. Leslie, to enable her in her husband's absence in the south
country, to .stave off some of his creditors. Expenses ^3.
Mar. 13. Forthcoming'. James Gregorie, burgess of Abd. v. Robert Nicoll in Auld Abd.,
as principal debtor, and Marjorie Touche, widow of John Touche, burgess of Abd.,
Wm. Scot in Abd., and Janet Touche, his wife, James Straquhan, Cowper there and
others, debtors of John Gregorie.
Merchandise. Andrew Burnet, younger, burgess of Abd. v. (i) Patrick Leslie in
Kintoir £60, (2) Walter Fergoussone in Inverury ,£5 3/- and (3) John Tailzour in
Inverury £12. Expenses ^3.
Rent. Caution to Pay, Plenish or Remove. Robert Alexander, burgess of
Abd. v. Janet Seangezour, widow of Thomas Syme in Boigholl. The rents of the
half Milne of Boigholl for 1632, 3 and 4 were dccerned for and the Defender was
ordained to find caution to pay the future rents and to plenish the subjects, or to remove.
Trespass by Cattle. John Martein in Fogiebruntland v. Archibald Mar there.
One boll of " quhyt " or great oats at 10 merks per boll and one boll 3 firlots of small
oats at ^5 per boll. Expenses 3O/.
Rent. Caution to Pay, Plenish or Remove. Mr. Alexr. Reid, Advocat in
Abd., heritable proprietor of Birkenbrowell v. Patrick Midiltoun in Birkenbrowell and
Gealles Anderson, his wife. The Defenders had a lease of the lands and Milne of
Birkenbrowell during Patrick Midiltoun's life, at a rent of ,£100 per annum. Being
in arrear with the rent and become " depouperat " and the plenishing being insufficient
for the place, decree passed as above. The Pursuer's Sasine was dated 1627.
Notary Walter Kar.
21. Rent. Wm. Forbes of Ovir Torrie, burgess of Abd. v. Patrick Gordon, lawful
son of Wm. Gordon of Cottoun and the said Wm, Gordon and all others having interest
as Tutors and Curators to the said Patrick Gordon. The rent of the half lands of
Cottoun, last occupied by the late Patrick Gordon of Gordonsmilnc, grandfather of
the Defender, Patrick Gordon, was decerned for. The lands not being let, the amount
of rent was arrived at by proof of the rent paid for the other half of the lands, being
16 bolls good and sufficient " aitt meill but dust or staines '' and 16 bolls good and
sufficient malt. The Pursuer (probably a wadsetter) produced his Sasine and also
letters of horning against the Defender. Expenses 4O/-.
25. Rent. Alexr. Straquhan of Glenkindie v. Gawin Forrest at the Milne of Balqu-
honochie, the rent of which for crop 1633 was claimed. Expenses 4O/-.
403
Aberdeenshire Sheriff Court :
1635-
Mar. 25. Rent. Wm. Duguid of Auchinhuiv and Elspet Forbes, his wife v. David
Tailzeour in the Bray, James Scott there, Win. Massie there, Mr. John Straquhan,
Minister at Midmar, James Philp in Balblair, Patrick Gordon in Ballogy, Wm.
Davidsone in Mikterrie, Andrew Martin in Miln of Hoill, Alexr. Ridler in Lurg, Wm.
Crystie in Ovirmuir, Alexr. Gordon in Nathermuir, George Leyth in Bethlein and a
number of others, and also Alexr. Gordon of Aberzeldie. On 17 January, 1633, the
lands and Barony of Aberzeldie, and the lands and Barony of Ballogie and Midmar had
been apprized from Alexr. Gordon, the proprietor, at the instance of David Adye,
burgess of Abd., for payment of ,£3,166 13/4 and the Sheriff's fee of ^158 6/8. On
25 July, 1634, there was another apprising, at the instance of Robert Steivin in Tilli-
laire, for 5321 merks 3/4 and the Sheriffs fee of 266 merks io/-. The Pursuer had
acquired right to both these apprisings, had made his title real by infeftment and had
entered as vassal with the superior, the Marquis of Huntly. He now obtained decree
against certain of the tenants of Ballogie and Midmar for the rents due by them, Each
of those found liable was ordained to pay 13/4 of expenses.
Rent or Removing. John Irwing of Torreleyth v. John Symmer in Torreleyth.
The Defender had a seven years' lease of the half lands of Torreleyth from Whitsunday,
1629, but had not paid his rent for 1632, 3 and 4, and was unable to find security for it.
Registration. Marriage Contract. Cristiane Andersone, widow of George
Wilsone, Merchand, burgess of Abd. v. George Wilsone, eldest lawful son and heir of
his deceased father, and David Wilsone in Culquhakes, his Tutor. By the Marriage
Contract dated n October, 1631, the husband was bound to provide 7000 merks, of
which the widow was to have the liferent. The object of the decree now obtained
was to enforce this obligation against the heir. The Pursuer's mother Jean Guild
was a party to the Marriage Contract and paid 2000 merks as tocher with her daughter.
Among the witnesses to the Contract were Mr. Wm. Guilde, Persoune of Kingedward,
Mr. John Gregorie, Minister of Drummaok, Mr. Thomas Thoiris, Minister at Udny,
George Jamesoune, burgess of Abd. and Mr. Alexr. Davidsone, Advocat in Abd.
Rent. Caution to Pay, Plenish or Remove. Marjorie Innes, " Lady of
Meanie," liferentrix of the lands, and Arthur P\>rbes of Meanie, her husband v. Elspet
Milne, widow of John Glaster in Milne of Meanie, of which the rent was in arrear and
the place not suffiicently plenished.
Removing. Mr. Alexr. Scrogy, " Doctor of Divinitie and Minister at Aid Abd."
v. Robert Blinschell, occupier of "ane tenement of land yaird kil and kilbarne lyand
in the Chanrie of Aid Abd. "and other occupiers of parts of the lands of " Lochhillis
callit the Ministers gleib." One of the tenements is described as "ane tenement of
land yard & barne lyand in the wast syd of the Citie of Aid Abd. betuixt the tenement
and yard of Robert Orum at the south the Wyn callit Dowglas Wyn at the north the
lands of Lochhillis at the wast and the Kingis commoun gaitt at the east." For Dr.
Scrogie there were produced (i) Sasine dated 23 November, 1627, Notary Mr. Alexr.
Reid and (2) Instrument of Possession dated 14 September, 1620, under the hands of
Patrick, Bishop of Abd. and Thomas Forbes, Notary.
404
Decree Books: VoL V.t Contents
1635-
Mar. 25. Forthcoming. Alexr. Blakhall, Maltman, burgess of Abd. and James Blakhall,
his son t'. John Clerk in Kinellar and John Forbes in [?] Ruiffhill, for his interest.
Cautionary Obligation. Andrew, Lord Fraser v. Wm. Fraser of Fauchfeild and
John Fraser in Saack, for his interest. Wm. Fraser had become cautioner for John
Fraser, for payment of the balance of the price of certain victual due to the Pursuer,
the date of the cautionary obligation being i March, 1634.
Cautionary Obligation. Gilbert Carle in Carnebulge v. the said Wm. Fraser
and John Fraser. The sum decerned for was ^40 conform to Bond dated I March,
1634, with interest "at ten in the hundreth." In this and the preceding case Acts of
the Barony Court of Carnebulge were produced.
Relief or Payment. Wm. Fraser of Fauchfeild v. John Fraser in Saack. This
was a decree of relief by the cautioner against the principal debtor in connection with
the two decrees immediately preceding.
15. Forthcoming. Janet Gordon, lawful daughter of the late Patrick Gordon of
Nathermuir and Mr. Wm. Lumsden, Advocat in Abd., her Tutor Testamentary v.
James Buchan in Maines of Arnadge, Gilbert Symsone in Carnenadely, George Smyth
at the Miln of Towie and James Cheyn of Arnadge, for his interest. Cheyn and
others were liable to the Pursuer in the sum of 1000 merks, conform to Bond dated 29
May, 1632, and registered in the Sheriff Court Books on 25 August, 1635, on which
the rents due to Cheyn by his tenants had been arrested.
26. Accounts for Meal and Victual. Mr. Wm. Lumsden, Advocat in Abd. v. (i)
George Cheyn in Kynmundie 5O/-, (2) Wm. Wood at the Old Miln of Straloch £19
8/- and (3) Andrew Symmer in Easter Disblair ^15.
June 3. Removing. Sir Alexr. Irwing of Drum, knight v. Alexr. Irwing in Tarsettis in
Drumaock, occupier of 8 oxengait there. Sasine dated 3 May, 1630. Notary Mr.
George Andersone.
Removing. John Leslie in Gartlieheid v. Andrew Smyth in Ouirkirk, Robert
Boynd there, Wm. Fischer in Boigtoune and John Fischer there. These lands were
said to be in the " Marqueisscheip of Huntlie." Sasine dated 20 February, 1626.
Notary James Anderson.
Registration. Wm. Reid, Skipper, burgess of Abd., as heir served to Alexr.
Reid, also Skipper, burgess, v. Mr. Wm. Chalmer of Waster Disblair, James Leslie of
Auquhorthies and Gilbert Jonstoune of Pettiesmilne. Chalmers was principal debtor
and the other two Defenders cautioners for him in a Bond for 1000 merks, granted in
favour of the deceased Alexr. Reid on 19 November, 1629, which was now ordained to
be registered for execution in favor of the Pursuer.
Registration. Wm. Reid (as in preceding case) v. Gilbert Cullen, Bailzie,
burgess of Abd. The Bond in this case was for 300 merks and was dated 29 March,
1627. Wm. Rolland, burgess, had been a cautioner but was not sued.
405
Aberdeenshire Sheriff Court :
1635-
June 5. Exhibition. Mr. Thomas Blakhall, burgess of Abd. v. John Ingrahame, "Clerk
deputt " of the Burgh of Abd., Wm. Gordon of Brodland and Robert Paul, burgess of
Abd. This decree is of great length, but it may be stated shortly that, after an apprising
of the lands of Meikill Crichie by Paul from Gordon, the former, with consent of
Cristian Straquhan, his wife, had granted a Disposition (of the nature presumably of a
re-conveyance) to Gordon dated 2 June, 1630. On 24 December, 1634, Blakhall had
apprised the lands from Gordon, together with the foregoing Disposition for a debt of
^1522 io/-, and now sought and obtained a Decree of Exhibition and Registration
thereof. Ingrahame, in whose possession it was, produced it in obedience to the order
of the Court.
12. Merchant's Account. David Lindsay, burgess of Abd. v. Alexr. Leyth of
Counteswallis. Of the sum due £18 ig/- was proved by a subscribed account. The
Defender was cited to give his oath upon a farther sum of £j g/- but did not appear.
Expenses 4O/-.
17. Sheriff Clerk Substitute's Claim against Sheriff Depute. —John Hunter,
Notary Public v. John Keyth of Glakriache. The claim on which decree passed with
£T, of expenses was thus expressed " the sowme of threttie punds faithfullie promisit be
the defendar to the persewar for his seruice being Shref deput and the said persewar
being Substitute Clerk."
Borrowed Money, &c. Mr. Matthew Lumsden, Bailzie, burgess of Abd. v.
Margaret Jonstoun, widow of James Boyd in Kincowsie.
24. Supplement. Rent. John Gordoun of Ililtoune v. Wm. Gordoun in Litill
Arnage. The Defender had been found liable in a Court of the Lands and Barony of
Hiltoune but had removed from these lands.
Supplement. Rent. Alexr. Irwing of Wastoune v. Wm. Reid, the elder and
the younger, in Kincraigie. The Act of Court of the lands of Wastoune was dated 28
May, 1634.
26. Removing. Francis Fraser of Kinmundy 71. James Fraser in Thunertoun, who
occupied a plough of land there. Sasine dated 15 April, 1635. Notary Mr. George
Norie.
July I. Supplement. Price of Grain. Alexr. Udny in Legat v. Wm. Banzie, in Mon-
keigie. An Act of the Barony of Caskieben dated io May, 1634, was founded on.
Removing. John Seatoun of Aquhorties, liferenter of the lands v. Robert
Seatoune, sometime of Minnes, Wm. Seatoun in Petgersso and Alexr. Reid in Tilliery.
Two Sasincs were produced, one dated 18 July, 1616, and the other I October, 1622.
Notary in both James Birnie. Decree passed against Reid only, who occupied a croft
called Skalliefuird. The other Defenders, who occupied parts of Crabidonald, got
until 8 July to lodge defences.
406
Decree Books: Vol. V*, Contents
1635-
July i. Forthcoming. Alexr. Herwie in Grandome and Janet Leslie, his wife v. Alexr.
Black, Mailman, burgess of Abd., Wm. Ferguiesone at the Myln of Gilcomestoune,
Thomas Middeltoune in Tilliegreig and Andrew Schives there, for their interest. The
Pursuers held a decree of 20 December, 1634 \supra p. 401] against Middeltoune and
Schives, on which they used arrestment in the hands of Black and Ferguiesone, who
now admitted that certain sums had been arrested in their hands, for which decree
passed. The word " equalent " is here several times used.
Removing. Dame Sophia Hay, liferentrix of the lands of Blackmyln, in the
parish of Coldstaine v. James Snawie in Blackmyln, George and John Wattie " in the
toune adjacent to the said Blackmyln," John Gordoun at the Myln of Bountie and
Alexr. Reid in Knokingowse. Sasine dated 24 June, 1626. Notary Alexr. Davidsone.
8. Removing. Sir Paul Meinzies of Kinmundie, knight, Provest of Abd. z>. George
Cheyn in Kinmundie and Margaret Cruiffis, his wife, occupiers of Kinmundie and the
Brew croft of the same. Sasine dated 8 June, 1699. Notary Walter Robertson.
10. Supplement. Rent. The said Sir Paul Meinzies v. the said George Cheyn.
The Court of the lands was held on 19 May preceding, in the " uther chalmer" of the
Defender's house.
Ejection and Intrusion. James Thomsone, sometime in Ardoyne, then in
Newtoune of Premnay, and Sir Alexr. Gordoun of Cluny, knight baronet, for his
interest v. John Howie in Ardoyne. The Pursuer, who had been turned out of his
possession of Ardoyne by the Defender in June, 1634, now obtained a decree against
the latter, ordaining him to give Thomsone re-entry and to pay certain excrescent
profits. These were thus calculated, " the incres of the sawing of ten bollis gryt aittis
and of twentie fyv bollis small aitts all estimat to the third querne and of audit bollis
bear sawing estimat to the fourt querne price of the boll small aittis with the fodder
four merks pryce of the boll gryt aittis with the fodder aucht merks and pryce of the
boll bear wiih the fodder ten merks all of the crop im vic threttie and four yeiris.
And sicklyk to pey to the said persewar the sowme of tua schillingis money daylie and
ilk day for the violent & excrescent profiles of ilk ox of aucht oxen and fyv schillingis
money for the violent & excrescent profiles of ilk hors of four horss daylie & ilk day."
These figures were arrived ai after proof. Expenses £6. A Decree of Reduction, an
Assignation thereof and a Charter and Sasine were produced for ihe Pursuer.
24. Supplement. Rent. Robert Fraser in Eslie, as assignee of Simon Fraser in
Bandar v. Andrew Fraser in Midbcltie. The claim was for the rents of the half mains
of Midbeltie in 1633 and 1634. Nolwilhstanding that, according to an Act of Court of
the lands and barony of Midbeltie, the Defender had been found liable on his own con-
fession, a Procurator appeared to defend but on production of evidence that his client
was at the horn, he " past frae his compeirance."
Removing1. George, Marqueis of Huntlie v. Patrick Duncan in Sandsloun in
ihe Lordship of Slrathbogy. Date of Sasine left blank.
407
Aberdeenshire Sheriff Court:
1635-
July 24. Exhibition and Registration. Sir Wm. Forbes of Cragiewar, knight baronet,
as eldest son and heir of Mr. Wm. Forbes of Cragiewar, his father v. Thomas Forbes,
Wreittar in Abd., Wm. Raitt, eldest lawful son and heir of Mr. Archibald Rait, some-
time Minister at Kintoir, and Janet Blakburne, his wife, his Tutors if any, for their
interest, and the said Janet Blakburne and Robert Anderson in Kintoir, her husband,
for his interest. This decree is of considerable length (say 5°°3 words). It contains
the full text of a contract of wadset between the first Forbes of Cragiewar and Mr.
Archibald Rait, Minister of Kintoir and his wife, for 6000 merks, over the lands of
Beildiestoune or Bailziestoune in the parish of Dyce dated n June, 1625. Of the sum
lent, 4000 merks was the sum which Mr. Rait had bound himself to settle under
Marriage Contract twixl his wife and himself. The place fixed for payment and re-
demption was " the gryt kirk of Aberdein callit St. Nicolas paroch kirk besyde the
pulpit thairof. " If the creditors wilfully, after due warning, absented themselves from
being at that place to receive payment, then consignation was to be made " in the
hands custodie and keiping of the Theasurer or Deane of Gild " of Abd. Among the
witnesses to the wadset were Mr. James Rait, Minister at Aberluthnot and Mr. Adam
Barclay, Minister at Fintray.
29. Supplement. Rent. Alexr. Chalmer of Drymmies v. James Fergowsone, some-
time in Drymmies, then in Enrurie. The balance of rent crop 1634 of a plough of
Drymmeis was the subject of the decree, and the prices were £10 per boll for meal
and 18 merks for bear " becaus the persewar hes protestit for the hiest pryces sieing
the said victuall is not peyed."
Meal and Cattle. John Forbes of Corsindae -v. (i) David Fergous in Drumna-
hoy £10 for bear and meal, (2) Alexr. Ailhous in Hirne ,£5 for meal, (3) John Stevin
in Cluinie ;£io for " ane coft kow and ane stirk," and (4) Patrick Livingstoun in
Lockinwall 1 1 merks 2/- for an ox.
Supplement. Meal and Bear. Wm. Robertsone, burgess of Abd. v. John
Williamsone in Harlaw and a number of other tenants of Pitcapill. An Act of Court
of the Lands and Barony of Pitcapil was founded on.
31. Removing. Margaret Forbes, liferentrix of Flinders, and Olipher Gordon, her
husband, for his interest v. Thomas Erskin of Balhaggartie and other tenants and
occupiers of Aid and New Flinders in Kennethmont. Sasine dated 27 July (year blank).
Rent. Mr. Wm. Burnet, Minister at Kinairnie v. Alexr. Nicoll and other tenants
of Midmar and Sunhennie.
Rent. Edward Johnstoune, elder, Merchand, burgess of Edinburghe v. Marie
Arbuthnot, widow of Alexr. Hay at Milne of Gatehous, Wm. Hay in Damheid, John
Tarves in Tillikirie, Wm. Scott in Overtoune and Wm. Scott in Lochillis, all in the
parish of Cremond. The Pursuer founded on a Decree of Comprysing, which he had
obtained against Robert Irving, Merchand, burgess of Kinghorn, the heritable pro-
prietor of the lands, and on a Sasine following thereon. Date of Comprysing 17 Jany. ,
1626.
408
Decree Books : Vol. V», Contents
1635-
July 31. Forthcoming. John Gellan, sometime in Glentoun, then in Petfichie, as Executor
confirmed to the "guids and geir eivill apprysit omittit and left furth out the principall
confirmit testiment of Mr. John Forbes in Quhythous of Cromar " v. Wm. Coutis of
Auchtercoull and John Forbes, sometime in Oulquhouch [? Culquhouch], then in Ovir
Towies, Executor of the said Mr. John Forbes.
Rent. Gilbert Meinzies of Pitfoddellis v. Thomas Watsone, Measson, tenant by
assignation from Wm. Trowp, burgess of Abd., of the lands of Gilcomstoun.
Augt. 19. Rent. Moss Leave. Thomas Cromby of Kemnay v. Elizabeth Straquhan,
Lady Blakhall, George Robertsone in Blakhall and Walter Angous there. Decree
was given not only for past due moss rent, but for future payments. Expenses 2O/-
each.
26. Removing1. Isobel Forbes, liferentrix of the lands of Powquhyt and Thomas
Erskein of Balhagartie, her husband v. Androw Caddell and George Leslie in Pow-
quhyt. Sasine dated 26 November and 6 December, 1598. Notary James Murray.
Loan. Mr. Wm. Barclay, Advocat in Abd., as assignee of Patrick Leyth, some-
time of Licklieheid v. Alexr. Irwing of Fortrie. 35 merks contained in a Ticket.
Septr. 30. Removing. Thomas Fraser of Streichin and Hew Fraser, his second lawful son,
v. Alexr. PYaser of New Forrest, in the Parish of Rathin. The Pursuer claimed to be
proprietor of New Forrest in virtue of Sasine dated 26 September, 1634, Andrew
Cruickshank Notary. The Defender had advocated the case unsuccessfully to the
Court of Session.
Novr. 4. Damages for Killing a Cow. Absolvitor. James Gordon in Lues v. Alexr.
Robertsone there. The Defender was charged with the " wrongous and violent slaying
and felling of ane young kow of four yeiris old or thairby " belonging to the Pursuer,
valued at £20, On a reference to his oath he denied the charge and was assoilzied.
Wrongous Intromission. Alexr. Irwing of Fortrie v. Patrick Leith, portioner
of Prerhnay. According to a bargain between them, Irwing was to have the crop of
Fortrie crop 1633, but the Defender in breach of contract took possession of it.
II. Supplement. Andrew, Lord Fraser^. William Skipper in . ^343 11/4
was decerned for, in terms of an Act of Court of the Barony of Carne- bulge, dated
8 September, 1635.
Trade Debts. John Gordon, elder, burgess of Abd. -). Alexr. Irving, sometime
of Beltie, then in Halkhillok of Govell, Alexr. Gordon, lawful son of John Gordon of
Tilliehelt, George Gardyn in Blairis, Alexr. Robertsone in Greines of Banchorie
- Devenik, Margaret Jonstoun, widow of James Boynd, sometime in Kinkowsie, then in
Murthill, John Symson at the Miln of Sklettie, Thomas Jaffray, elder, and Thomas
Jaffray, younger, in Thome Rone, Walter Blak in Newburghe and Alexr. Blak, his son,
there. The two first Defenders were each amerced in 2O/- of expenses, the others in
io/- each.1
i. Two of the Defenders seem to have been in Kincardineshire,
FFF 409
Aberdecnshire Sheriff Court:
1635-
Novr. 14. Rent. Mr. Alexr. Reid, burgess of Abd., heritable proprietor of Dilspro v.
Thomas Merser in Old Abd. The balance of rent crop 1634 and the whole of rent
crop 1635 was decerned for, the amount due being settled by reference to the oath of
the Defender.
18. Improbation. Mr. Alexr. Davidsone, his Grace' Procuratour Fiscall, and John
Keyth of Glakriach, for his interest v. John Hunter, Notary Public in Abd. The
Pursuers sought reduction of the executions upon which the decree Hunter v. Keyth
[supra p. 406] proceeded, as " fals finzeit and forgit be the officer and witnessis,"
and for the punishment of Hunter. He, however, appeared and consented to Keyth
being reponed and the original claim referred to his oath. This having been done
Keyth denied the debt and was assoilzied.
Removing. John, Earl of Mar v. Helen Mortimer, widow of Patrick Reid,
sometime in Migvie, and Alexr. Farquharsone, her husband. The Defenders were
ordained to remove from the lands of Migvie in Cromar, from New Myln of Migvie
and Castelltoune of Braemar. Sasine dated II May, 1635. Notary Patrick Moriesone.
20. Registration. Isobell Meinzeis, widow of Mr. Alexr. Cullen, Baillie, burgess of
Abd., and Isobell Cullen, their daughter, as heir of the said Alexr. Cullen v. John
Leslie, elder, and John Leslie, younger, of Petceppell as principals, and Wm. Seatoune
of Scheithin and James Chein of Arncdge as cautioners. The Bond, which was
ordained to be registered was one for 1600 merks dated 7 June, 1628, secured over the
lands of Petcaple, Arnage and Scheithin, in favor of Baillie Cullen, for himself and in
name of his wife, and Alexr. Cullen, their pupil son.
27. Forthcoming. Alexr. Irwing of Tarsettis, as assignee of James Drum, Mer-
chand, burgess of Abd., and Elspet Watt, his wife v. Alexr. Bruce in Carnehill and a
large number of others, who were debtors to John Forbes of Cask. The last named
was a cautioner along with Wm. Gordoune, Fear of Knokaspok, for John Urquhart of
Lathers, in a Bond to Drum for 1000 merks dated 18 and 21 November, 1629, to which
Irwing, the Pursuer, had acquired right by Assignation dated 18 June, 1634.
Deer. 2. Rent. Thomas Cromby of Kemnay v. John Gordon in Auquhithie. The rent of
Nether Auquhithie and the Tempell Croft was decerned for, as also a sum of 100 merks
for demolishing the houses on the farm.
16. Forthcoming'. Charles Stewin, Litster, burgess of Abd., as assignee of Gilbert
Johnstoune of Petliesmyln ?'. Sir Wm. Forbes of Cragievar and Wm. Setoune of Easter
Disblair and Wm. Setoune in Larishill, his eldest lawful son, for their interest. The
Setounes were debtors in a Bond to Johnstoune for 100 merks, interest, &c. , which he
had assigned to the Pursuer.
Account for Dyeing. Patrick Jak, elder, Litster, burgess of Abd. v. Arthur
Forbes of Meany. An account of ^33 9/10 with £T, of expenses.
Bear. Wm. Skipper, alias Fullartoun, in Collen, servitor to Andrew, Lord Fraser
v. Mr. Alex. Forbes in Turreff. £182 i8/- for bear purchased with ^3 of expenses.
410
Decree Books: Vol. V., Contents
1635-
Deer. 16. Abstracted Multures. Gilbert Kar at the Milne of Cragiedarg v. George Forbes,
Cottar in Muchall, Robert Craig in Corskie, James Straquhan in Kirktoun of Skeyn,
Duncan Adam in Glaskowforrest, James Cowper in Kinmundy, Robert Forbes in
Tillieoche, John Milne in Drumbreck, and Patrick Jonstoun in Leyludge. These
Defenders were or had previously been thirled to the Pursuer's mill.
19. Rent. Mr. Wm. Lumsden, Advocat in Abd. v. George Gardyn in Houpishill.
A balance of rent of the lands of Blairtoune crops 1633 and 1634.
1636.
Jany. 15. Rent. Alexr. Irwing of Fortrie v. Patrick Leyth, portioner of Premnay. [Vide
supra p. 409]. Taken with the former Decree this is at first sight confusing, but the
explanation seems to be that Leyth remained in possession of Fortrie after his loan over
the lands had been repaid, upon the footing that the rent should be at the same rate, as
when he was still wadsetter.
20. Abstracted Multures. Mr. Wm. Davidsone of Ord v. Robert Forbes in Kin-
mundy, Wm. Ronaldsone in Quhytstaine, Wm. Gray in Easter Kinmunclie and Alexr.
Straquhane there. Multures abstracted from Mill of Orel.
Rent. Mr. Arthur Johnstoune, Doctor of Medicine v. Walter Johnstoune in
Monkeigie and others. Sir George Johnstoune of that ilk, having borrowed 5000 merks
from Dr. Johnstoune, had by contract of wadset assigned to him the half of the rents of
Monkeigie.
29. Transferring. Isobell Robertsone, widow and Executrix of Mr. Henry Buchan,
burgess of Abdn. v. James Gordoun in Tilliesoull. The object and effect of this
decree was to transfer to the person of the Executrix a former decree [vide supra p. 383]
obtained by her deceased husband against the Defender Gordoun.
Feby. 5. Forthcoming. John Ronaldsone, Mailman, burgess of Abd. v. Wm. Leith in
Gardyn and Henry Cristall, burgess of Abd., for his interest. Cristall's debt to
Ronaldsone was 160 merks but this decree was for £14 only.
Rent. Wm. Forbes of Over Torrie, Baillie, burgess of Abd. v. Patrick Gordoune,
lawful son of Wm. Gordoun of Gordonsmiln. Rent of the Lands of Cottoun. [Vide
supra p. 403].
10. Malt. Andrew Bartlet in Carnie v. James Straquhan in Line. 1 1 merks 6/8 with
2O/- of expenses.
12. Forthcoming. George Raitt in Lentushe, brother german of John Rait, burgess
of Abd. v. Patrick Duncan, younger, sometime in Smiddieburne, then in Scottistowne,
and George Raitt of Follaroul, for his interest. The debt due by the latter to the
Pursuer was 300 merks. In a case immediately following George Raitt tried to estab-
lish that the loan was to endure for his lifetime but he failed.
411
Aberdeenshire Sheriff Court:
1636.
Feby. 12. Liquidation. Janet Leslie, widow of Robert Stewart, sometime of Jackistoune v.
\Vm. Stewart, sometime in Jackistoune, then in Lonheid of Bonytoune. The Defender
was owing to the Pursuer 60 bolls of oat meal " rin met sufficient inerchand stuff" for
his occupation of Jackistoune, in 1634 and 1635. The Sheriff having heard evidence
fixed the price at £j per boll.
Abstracted Multures. John Irwing of Bealtie v. Alexr. Duncan in Wester
Bealtie, James Edie there, James Anderson there and Thomas Coutis in Torphins.
Mill of Beltie was the Mill to which the Defenders had been thirled.
19. Exhibition and Delivery of Writs. Alexr. Urquhart of Craighous and Robert
Irving of Federal, his Curator v. Sir Alexr. Irving of Drum, knight. A long and in-
teresting list of writs of the Pursuer's lands were called for and in obedience to the
summons were exhibited and delivered up by the Procurator for the Defender. The
Bishop of Ross was apparently superior of the lands.
Forthcoming. Alexr. Meingzeis, brother german of Thomas Meingzeis of Bal-
gownie v. James Buchan in the Maynes of Arnedge and other tenants of James Chein
of Arnedge, and the said James Chein, for his interest. Chein, along with Wm.
Seatoune of Scheithin, were debtors to the Pursuer under an obligation for 1270 merks,
and Chein's rents had been arrested.
Merchandise. Peter Moir, burgess of Abd. v. Mr. Patrick Play in Knappisleask,
Alexr. Moir in Iloussahill, John Lawrence in Deir, James Clerk, sometime in Houssa-
hill, then in Striechin, and Patrick Johnstoun in Drnmquhendill. One of the debts
had lain over since Durstanday 1628, another since the same term in 1633 and another
since the same term in 1634. Expenses 6/8 each.
Leather and a Saddle. Patrick Blak, Saidler, burgess of Abd. v. Wm. Ander-
son in Baffle, George Mitchell in Cocklay and James Castell in Conzeak. Anderson
was due 58/- for a " coft saiddill." The others for leather, of which the quantity is not
given. Expenses against Anderson io/-, against each of the others 5/-.
24. Rent. James Fraser of Tyrie v. Robert Milne in Haltoun of Forrest. The rents
for 1632, 3 and 4, of the lands of Orde, belonging to the Pursuer, were claimed.
Expenses ^3.
26. Rent. John Alschioner, burgess of Abd., heritable proprietor of the lands v.
David Fettes, sometime in Auchmull, then in Groves. The " maill dewtie & customes "
of a plough of Auchmull for 1635 converted into money ^75 9/8 Scots. One of the
items was "four hundreth truffis pryce threttie tua schilling." The Pursuer's author
was James Gordon of Auchmull. Sasine dated 29 November, 1633. Notary Mr.
George Robertsone. Expenses ^3.
Liquidation. Elizabeth Seton, widow of Wm. Gordon of Abirzeldie and life-
rentrix of the lands 77. Thomas Wastland in Bantooth and others. The Pursuer pro-
duced a Court of Session decree for payment, dated 23 January, 1636. The price of
the boll of meal and bear overhead for crop 1634 was fixed by witnesses at £9,
412
Decree Books : Vol. V., Contents
1636.
Mar. 2. Money Claim. James Blakhall, burgess of Abd. v. Alexr. Kay in Binghill. A
claim of 4O/- money and four merks for an old account for meal. Expenses 2O/-.
4. Forthcoming'. Absolvitor. Arthur Dalgarno in Fortrie v. Nathaniel Leask,
lawful son of Wm. Leask of that ilk, and the said Wm. Leask, for his interest. The
Pursuer had a claim against the late Wm. Wood of Colpnay, for which Wm. Leask was
a cautioner. He used arrestment in the hands of Nathaniel Leask, who denied on
oath that anything had been arrested.
Supplement. Andrew Gray in Rattray v. Arthur Smyth, sometime in Bilbo,
then in the Maynes of Crimond. An Act of Court of the " landis and maynes of
Crimond haldin in the chalmer of the samen " upon 18 December, 1635, was produced.
Borrowed Money and Multures. Wm. Lyone at the Myln of Auchterellon -v.
(i) Adam Gall in Rainestoune and (2) Patrick Glennie in Kynharrachie. Expenses
2O/- each.
9. Rent. Desertion of Holding. James Keyth of Kinnady v. Walter Thomsone,
sometime in Kinnady. The Defender had taken a five years' lease of the half lands of
Meikill Kynnady in Kynnellar, by lease dated 8 April, 1633, but had left the " cuntrie
and his rowm in Februar last " without paying his rent.
Rent. Alexr. Lyone of Murisk v. Wm. Mitchel in Drumdolo, occupier of half a
plough of the lands of Begishill crop 1634, for which he was ordained to pay as rent, 12
bolls of meal at £10 per boll. Expenses .£3.
n. Sundry Debts. John Robisone, burgess of Abd. v. James Kelmane in Belchirrie
and others. Kelmane was ordained to pay 8/- for each ell of 20 ells of " thrie quarter
bred linning."
16. Registration. Marjorie Anderson, widow of Wm. Gordon, burgess of Abd. v.
Wm. Seton of Schiethin, as heir of George Seton of Schiethin, his father, who had
been one of the cautioners for Mr. John Chein of Arnedge in a Bond for 2000 merks,
dated II November, 1613. Among the witnesses to the Bond was John Gordoun of
Tilliechowdie.
Supplement. Rent. Wm. Seatoune of Meldrum v. Robert Arthour, sometime
in Kirktoune of Bathelnie and others. Various Acts of Court of the Barony of Mel-
drum were founded on.
Accounts for Dyeing. Patrick Jak, elder, Litster, burgess of Abd. v. (i)
Nathaniel Heriot in Boddum ,£8 5/5 and (2) James Ogilvy in Auchlewchries £6 5/5.
Expenses 2O/- each.
Rent. James Murray, son of James Murray, burgess of Abd, , and Alexr. Murray,
burgess there, his Tutor v. Grisoll Matthow in the Newburghe, occupier of certain rigs
of land there. Expenses 3O/-.
413
Aberdeenshire Sheriff Court:
1636.
Mar. 16. Supplement. Rent. Alexr. Irving of Fortrie v. James Moir in Wastoun. An
Act of Court of the lands of Wastoun dated 30 October, 1629, was founded on.
Rent, &c. Doctor Arthour Johnstoune v. Hector Glennie in New Leslie, who
had not paid 5o/- for a ewe which he had bought in 1634. The other Defenders were
owing rent for occupations in New Leslie and Drumgowin.
17. Rent. Alexr. Irving of Fortrie v. Wm. Andersone in Culfork. The rent, &c., of
Auld Myln of Wastoune crop 1633 was decerned for. Expenses 4O/-.
18. Supplement. Rent. Mr. Alexr. Dowglas, Doctor of Medicine v. Andrew Reid,
at the Myln of Drumbreck and James Smyth in Uriewallis. Decree had passed against
the Defenders in a Court of the lands of Drumbreck, held in the Defender Reid's
chamber, upon 8 October, 1635, Wm. Lawtie in Myrhous being Bailzie.
Supplement. Rent. Francis Fraser of Kinmundy z>. George Rickart, sometime
in Thunertoune, then in . An Act of the Court of the Barony of Kinmundy
" haldin within the Hall of the samen " on 30 November, 1635 by Thomas Robertsone
in Faichfeild, as Bailzie, was founded on.
Abstracted Multures. George Seatoune in Bromeend of Creichie v. Robert
Chopman in Blairfauld and others. The Pursuer claimed for corn abstracted from
Myln of Bourtie in the years 1629 to 1634 inclusive. Expenses against Chopman 3O/-,
against the others I2/- each.
23. Wrongous Intromission. John Seatoune of Auquhorties v. Patrick Jackistoune
in Houpishill of Balhelvie, Andrew Measone in Auld Abd., Alexr. Myln at the Myln
of Ardo and Arthur Blackball in Crahidnoche, for his interest. In virtue of a Decree
of the Court of the Lands of Tilliery against Blackball, the Pursuer had arrested his
effects, which, notwithstanding the arrestment, the other Defenders had intromitted
with. Among the effects arrested and intromitted with was a black horse valued at
£16, 3 cows at 14 merks each and 5 ewes at £, I 13/4 each.
Meal. Robert Spence in Kellie v. David Sinclar in Boigheid of Asleid. The
Defender had been due 13 bolls I firlot of meal to Isobel Leask " guidwyff of Asleid "
but had promised at her request to pay to the Pursuer. ^8 per boll was asked but the
price was fixed after evidence at 10 merks 10/8. Expenses £3.
Exhibition of Writ. John Johnstoune of Frosterhill v. Mr. Wm. Moir, burgess
of Abd., and Win. Gordoun, Patrick Gordoun and Wm. Forbes, for their interest.
The Pursuer claimed, as heritable proprietor of the " New Myln callit Gordounes
Myln," to be entitled to get delivery of the original Charter by the Bishop of Abd.
Neither the name of the Bishop nor the date of the Charter were given, but the De-
fender, Moir, produced the Charter and got out of the case. Wm. Forbes, however,
was represented and was allowed until I June to object to the delivery of the Charter
to the Pursuer.
414
Decree Books: Vol. V., Contents
1636.
Mar. 25. A Tailor's Account. Wm. Andersone, Tailzour, burgess of Abd. v. James
Gordoun in Bankes, as principal, and John Gordoun of Awachie, as cautioner for him.
^38 for " workmanschepe and Inglis cloth" with 4O/- of expenses.
Abstracted Multures. Wm. Cowper at the Litill Myln of Essilmonth v. Thomas
Mitchell in Hiltoune. Decree passed, according to the Defender's admission on oath,
with 3O/- of expenses.
30. Supplement. Rent. Wm. Duguid of Auchinhuiffz/. Robert Kennedy in Carne-
toune, John Myln in Mylntoune of Auchinhuiff, Charles Black, sometime in Warthill,
John Elmslie in Tulloch and Wm. Og, sometime in Carnetoune. Various Acts of
Court of the Lands and Barony of Auchinhuiff were founded on. More than one of
them had been held in the dwelling house of Alexr. Fraser in Mariewall. An extract
of the fiars of crop 1633 was produced to prove the price of " brockit aittis," the price
being £5.
Forthcoming'. Wm. Hay of Crovie v. Alexr. Moir in Chappeltoune and John
Bruce at the Myln of Essilmonth, for his interest. In terms of a Bond recorded in the
Books of Council and Session on 23 January, 1622, Bruce was due to the Pursuer 600
merks, for securing of which an arrestment of the rent of the Middle third of Chappel-
toune belonging to Bruce had been used in Moir's hands. The peculiarity of the case
was that, in spite of the production by Moir of a Decree of the Commissary Court in
obedience to which he had paid what was in his hands, to Alexr. Hay in Carnehill,
another creditor of Bruce, and of a discharge by Hay, decree of forthcoming was pro-
nounced against him. The reason apparently was that they were not timeously pleaded,
the Sheriff giving effect to the plea that they should not be admitted " statu causae quo
nunc."
31. Bond of Provision. Liability of Heir. Richard Cruickschank, lawful son of
the late Alexr. Cruikschank, elder, burgess of Abd. v. George Cruikschank, burgess
of Abd., and nephew to the Pursuer. There are two decrees of great length, intricate
character and almost impossible to summarize. They arose out of a Bond of Provision
and the Testament of the late Alexr. Cruikschank, the elder, who had right to the
shadow half of the lands of Cottoun, and to a half net's fishing of the " Mid Cheangill
on the Walter of Dee " granted in favor of his younger sons, of whom the Pursuer was
one. Alexander Cruikschank, eldest son of Alexr. the elder, acting as Tutor to and
for behoof of his younger brothers, sold the lands of Cottoun to Patrick Gordoun of
Gordons Myln in 1609. The Pursuer sued in his own right, and as assignee of his
brother Patrick Cruikschank, conform to an assignation signed at Naples on 29 October,
1633. Among the numerous productions was an extract from the Commissary Court
Books of the Fiars prices from 1607 to 1634 inclusive. The Defender's liability arose
from his being the heir of his brother, Alexander Cruikschank, who was son and heir
of Alexander Cruikschank, the younger, who as Tutor had sold the lands and dealt
with the fishing, and so made himself liable to carry out the provisions for his younger
brothers.
Aberdeenshire Sheriff Court :
1636.
Mar. 31. Rent. Mr. Wm. Burnet, Minister at the Kirk of Kinernie v. Wm. Touch in
Sonhennie and others.
Forthcoming1. Mr. Alexr. Reid, Advocat in Abd. v. John Leyth of Blairtoun,
James Forbes in Kinnellar and Isobel Forbes, his wife, Wm. Wood in Kinnellar and
Isobel Hunter, his wife, and Henry Christall, burgess of Abd., for his interest.
Christall was one of the obligants in a Bond for 2316 merks, granted in favor of Hercules
Tailzour of Borrowfeild, which had been assigned to the Pursuer. The Defenders were
debtors to Christall. The Bond had been registered in the Sheriff Court Books on 8
January preceding.
A Long Standing Account. Subscribed Ticket. Alexr. Watsone, Messenger
v. Gilbert Keyth of Auchiries. The Pursuer got decree for ,£17 17/8 "conforme to ane
ticket subscriuit be the said defendar of the daitt the thretteint day of October im vic and
tua yeirs for the charges & intcrtainment of the said defendar his horss and boyes pre-
ceiding the said thretteint day of October." Expenses £3.
Fish, Hemp, Salt, &c. Patrick Meinzies, burgess of Abd. v. (i) Patrick Craik
in Langheavin " half ane disson of sufficient skaittis pryce thairof fourtie schilling"
and 27/- for merchandise (2) Wm. Kean there ^5 for " fyv quarteris of hemp coft and
resaivit be him," and (3) Katherine Falconer, Lady Schives, 8 merks being the balance
of £16 for entertaining Mr. Patrick Gray, her son, 5 merks for "ane iron pott," and
2O/- for " tua pecks of salt coft and resaivit." Expenses io/- each.
Forthcoming. Mr. Alexr. Reid, Advocat in Abd. v. Patrick Jack, younger,
Litster, burgess of Abd., and Patrick Gordoun and Andrew Ingrahame, Litsters there.
This was another action based upon Henry Christall's Bond to Tailzour of Borrowfield,
to which Reid was assignee. [ Vide supra].
Forthcoming. Patrick Fergowsone, burgess of Abd. v. Patrick Jak, younger,
and Andrew Ingrahame, Litsters, burgesses of Abd. This was a forthcoming arising out
of a Bond by Henry Christall to the Pursuer for 200 merks, upon which arrestments
had been used/airz f>assu with those in the case last above noticed.
April 19. Borrowed Money. Price of a Horse. John Philp in Balblair v. (i) Alexr.
Bain in Maines of Eight 25 merks of borrowed money with "ane yeiris profile thairof"
and (2) Alexr. Adam, also in Maines of Eight 19^ merks being the price of a horse
"coft and resaivit." Expenses 26/- each. These April Courts were held by virtue of
letters of dispensation.
27. Delivery. Value of Queys. Alexr. Nicoll in Midmar v. Alexr. Ridlar in
Lurge. James Chrystie, sometime in Balblair, then in Torrie, having sold to Nicoll at
" Michalday " 1635, "tua quoyakis ane thairof black hornit and the uther quhyt
humell," worth .£8 each, sent them to the Defender to be wintered, with instructions
to deliver them thereafter to the Pursuer. This decree was required to compel delivery,
or payment of the value.
416
Decree Books: Vol. V., Contents
1636.
April 27. Spuilzie of Cloth. Wm. Ironsyd in Carnehill, in the parish of Ellon, and
Marjorie Reith, his wife v. Andrew Arthur in Carnehill. The complaint was that the
Defender had taken out of the Pursuer's house at Carnehill in March preceding, " ane
wob of gray waiket cloth of tuell ellis or thairby pryce of the ell tuentie schillingis "
. . . . " maid be the said persewares wyff & servands in his awin hous in the
moneth of Februar last or thairby spun woven & walkit be them." Decree passed for
5^" ells at i8/- per ell, with 3O/- of expenses.
Malt and Meal. Subscribed Ticket. Patrick Meinzies, burgess of Abd. v.
John Arbuthnot of Carnegall. Two bolls of malt and one boll of meal or 10 mcrks per
boll, according to a subscribed ticket dated in May, 1631, were decerned for with 4<D/-
of expenses.
Onions, Apples and Hops. Patrick Meinzies, burgess of Abd. v. George
Anderson in Deir. There was decree for "sewin merks monie for ilk barrel of tua
barrellis inzeones fyv merks for ane barrell aipills & sewin merks for fourtein punds of
hoip all coft & resaivit." Expenses 4<D/-.
May 4. Warrandice and Relief. Robert Mill in Quhytsteine v. Wm. Forbes, Smith in
Kincardin o' Neill. The Defender had sold on a market day to the Pursuer "ane
black broune backit ox hayd " [hide], which was afterwards challenged as having been
taken from a stolen ox. \_Vide Illustrative Examples infra}. This and other cases
in May were tried by virtue of Letters of Dispensation.
u. Rent and Removing. Margaret Gordoun, widow of George Barclay of
Auchredie v. Mr. Francis Barclay of Auchredie, her son. The rent of the lands of
Auchredie, in the parish of Ellon, crop 1634 was claimed and decerned for, but the
Defender was assoilzied from the conclusions for removing, in resprct the Pursuer
" failziet & succumbit in proveing the superplus of the said lybellit summonds of the
defendar his inhabilitie to plenische the grand."
18. Wool. James Cruikschank, burgess of Abd. v. Alexr. Wilsone in Glenniestoun,
John Paxtoun in Brankanenthim and Andrew Fyff there. The Defenders were found
liable conjunctly and severally in payment of " nyn punds for ilk ane of lour staines of
wooll coft & resaivit be them in Fehruar im vic threttie & fyv yeirs and quhilk sould
have bein peyit at Sanct Serves day in the said yeir." Expenses 4O/-.
20. Abstracted Multures. Janet Irving, widow of Robert Thomson, sometime at
the Ward Miln of Drum and Robert Irving, her husband v. George Irving in Abd. but
formerly in Dowaltie. It is mentioned that Alexr. Irving, sometime in Tarsettis, then
in Lastis, had been Sir Alexr. Irving's Chamberlain in 1631, 1632 and 1633.
Seed Bear, Rent, &c. Sir Alexr. Irwing of Drum v. George Irwing, sometime
in Dowaltie, then in Abd. Part of the claim was "ane leitt of peittis pryce thairof
ten metks with bonnage [spelled also " bonadge"] seruice harriage carriage and uther
dew seruice sick as earing of land hanowing mucking sheiring leding of comes and
carriages with uther seruice estimat to sextein pundis." Expenses £3.
417
Aberdeenshire Sheriff Court :
1636.
May 25. Supplement. Brewing Tallow. Alexr. Cobane in Cultis v. Alexr. Mortimer
there. By an Act of Court of the Lands of Eastoune, dated 14 December, 1633, the
Defender had been found liable to pay to the Pursuer " fyve merks for ane stein of
tallow in respect the said defender did brew without licence of the persewar quha haid
the priviledge of brewing of the said toun & lands of Eastoun " crop 1633.
June i. Meal. Subscribed Ticket. Andrew Meldrum, burgess of Abd. v. James
Seton, sometime in Liddauch of Skeyne, then in Abd. By subscribed ticket the De-
fender had bound himself to pay 32 merks for two bolls of meal. Expenses 3O/-.
Registration. Marjorie Inglis, widow and executrix confirmed to George
Peacok, Apothecar in Abd., and Paul Colliesone, burgess of Abd., her husband v. Sir
James Gordon, elder, of Lesmoir, knight baronet. This was a decree for the registra-
tion of two obligations, both dated 23 November, 1633, for 170 merks and ^150 re-
spectively, by which Sir James was bound as cautioner and full debtor for George
Leslie of that ilk. Among the witnesses to the Bonds were Robert Seatoun of Minnes
and Mr. Robert Maitland, Minister of Abercherder. Peacock's confirmed Testament
was dated 24 April, 1634, and the widow's confirmation 8 January, 1635.
Forthcoming. Mr. Robert Ferquhar, Bailzie, burgess of Abd. v. Andrew Mel-
drum, late Bailzie, burgess, and Gilbert Cullen, burgess, for his interest, By an
obligation, dated 25 November, 1631, Cullen became bound to pay 400 merks to the
Pursuer. Meldrum admitted that £26 8/6 had been arrested in his hands, for which
decree passed.
Rent. Thomas Forbes, heritable proprietor of three ploughs of Mains of Cluny,
called the Auld Maynes, with consent of Thomas Forbes, burgess of Abd., his Tutor v.
Wm. Broune and others in Maynes of Cluny, and Sir Alexr. Gordoun of Cluny and
Wm. Couttis, sometime of Auchtercoull, for their interest. Sasine dated 24 July, 1633.
Notary Mr. Robert Reid. Letters of Tutory under the Great Seal, dated 26 February,
1636, and Act of Caution, dated 23 March same year [Cf. Inq. de Tut. No. 497.] were
also produced.
8. Violent Profits. Robert Irving of Fcddrett, as Assignee of the Marquis of Huntly
v. John Duguid, sometime in Littill Govell. The Pursuer produced an Assignation to
the Decree of Removing obtained by Lord Huntly on 22 August, 1634 [Supra p. 397]
and to the violent profits during Duguid's subsequent possession.
Merchandise. Leonard Leslie, burgess of Abd. v. Adam Abercromby of Old
Rayn. ,£38 8/- for merchandise " coft and resaiwit " in 1633, with 4O/- of expenses
decerned for.
IO. Rent. Sir Alexr. Gordon of Cluny v. Wm. Robertsone in Inche, Robert Betie in
Nather Boddum and other tenants of Nather Boddum. Sasine dated 28 April, 1636.
Notary Wm. Symsone.
15. Removing. Thomas Cromby of Kemnay v. George Lundy in Glenheid and Wm.
Frost in Quhytstain. Sasine dated 28 July, 1624. Notaries Thomas Forbes and the
late Patrick Smyth.
418
Decree Books: Vol. V.t Contents
1636.
June 15. Removing. Sir Paul Meinzies of Kinmundy v. Margaret Cruiffis and George
Cheyn, her husband, in Kinmundy and John Lyell in Drumnagair. Sasine dated 17
June, 1601. Notary Walter Robertsone.
Removing1. Mr. Alexr. Jaffray of Kingiswallis, Provest of Abd. v. John Gordon
of Invermarkie and tenants thereof. Sasine dated 10 June, 1635. Notary James
Andersone.
Removing. Janet Forbes, widow of Alexr. Lillie, Clerk substitute of the Com-
missariot of Abd. v. Margaret Blakburne in Old Abd. The Pursuer was liferentrix of
a house and tenement on the South of the Kings " commond gait" in Old Abd.
Sasine dated 3 June, 1627. Notary Thomas Forbes.
Supplement. Meal and Kirk Duty. Mr. James Forbes of Hauchtoun and John
Forbes of Balnagask v. John Gareoch in Badivin. An Act of Court of the lands of
Badivin, dated 17 November, 1635, was given effect to.
Removing. John Fortes of Balnagask and Mr. James Forbes of Hauchtoune v.
John Garioch in Badiewin, Wm. Garioch, his son, John Aesone at the Myln of
Aslowne and Arthur Mitchell in Smidiehill. Both Pursuers sued as heritable pro-
prietors of the "Tonnes and Landis of Balfluig, Fermetoune, Maynes of Balfluige with
the pendicle callit Claymyeir Kardis croft with the pertinents and the lands of Badie-
win," while Mr. James Forbes sued as heritable proprietor of Smidiehill Cobilseat and
Perslick with the pertinents. Two Sasines were produced dated respectively 4 July,
1623, and i June, 1630. Notaries Wm, Simsone and Wm. Forbes.
17. Exhibition and Delivery. Andrew Meldium, laitt Baillie, burgess of Aberdeen,
heretabill proprietor of the Lands of Iden v. Patrick Urquhart of Lethintie, Elizabeth
Urquhart, widow of Thomas Meldrum of Iden, and Patrick Meldrum, their son. The
conclusion was for exhibition and delivery of a Sasine of the lands and barony of Iden,
in favor of the said deceased Thomas Meldrum, proceeding on a precept from Chancery
and dated 19 June, 1599, the Notary being the late Donald Urquhart. The deed was
delivered up in Court.
22. Removing. Alexr. Buchan of Auchmacoy v. James Skynner and George Pirie in
Dorbishill. Sasine dated 29 September, 1617. Notary Thomas Cromby.
Abstracted Multures. Robert Irving of Feddrett v. Andrew Croyl in Bredla-
muir, Elspet Falconer in Auquherthie and Alexr. Crafuird in Auquheoch. The
Pursuer's Mill of Feddrett was that to which the Defenders had not resorted in 1634
and 1635. Expenses io/- each.
24. Removing. Alexr. P'orbes of Auchintowl v. Thomas Farquharsone in Bogysyd,
George and James Clerk in Castellhill and Sir George Johmtoun of that Ilk. At one
stage not only Sir George Johnstoun but Wm. Forbes of Tolquhon, Walter Forbes of
Thainstoun, John Forbes of Balnagask and John Forbes of Cask, appeared for their
interest. Two Sasines were produced, dated respectively 30 November, 1631, and 6
April, 1632, the Notaries being Wm. Symson and Wm. Forbes.
419
Aberdeenshire Sheriff Court
1636.
June 24. Supplement. Malt. James Sharp in Littill Ledinturk v. Alexr. Crystie at the
Milne of Tilliefour. By an Act of Court of the lands of Tilliefour, belonging to James
Forbes of Cloak, dated 15 April, 1635, the Defender had been ordained to pay to the
Pursuer £40 for four bolls of malt, crop 1633.
29. Removing. Sir Alexr. Irwing of Drum v. Wm. and James Aikin, occupiers of
Tilliegrig and Slugmagullie in the parish of Udny. Sasine 2 October, 1634. Notary
James Ross.
420
Illustrative Examples taken from Vol. V. of Decree Books
Decree of Supplement. Trespass of Cattle, &c.
(14 Novr 1634)
The said day anent the actione and caus of Suppliment persewit at the
instance of James Ogiluie in Cuschnie agains George Gordon sumtym in
Cuschnie TUITCHING the persewares lybell desyring the defender
to heir and sie the Shreffis authentic in supplimentum justitiae interponit
in and to ane Act of Court of the third pairt lands of Cuschnie perteining
heretablie to Robert Dempster and the said persewar, QUHAIRBY the
said defendar was decernit to pey and delyver to the said persewar as
Assigney constitute be the said Robert Dempster the sowme of sex
punds pennie maill quhilk sould have bein peyit at Witsonday im vic
threttie thrie yeiris And als the defendar be wertew of the said Act wes
decernit to pey and delyver to the said persewar the sext pairt of tua
peckis aittis in the nicht for ilk nolt of tuell noltis and ane firlott aittis in
the nicht for ilk meir of four meiris tua peckis aittis in the nicht for ilk
fyv scheip of thrie scoir scheip and ane peck aittis in the nicht for ilk
guis of sewin geiss all the said guids perteining to the said defendar,
Quhilks guidis lay thriescoir nichtis in the cornes of Cuschnie out of the
fauldes thairof betuixt the sewint day of June im vic threttie thrie and the
last day of October thaireftir BECAUS the said Complenar haid onlie
the sext pairt of the toun and lands of Cuschnie and cornes thairon
growand quhilk sext pairt of the said skaithe extends in number to thrie-
scoir bollis thrie firlottis aittis half intoun half outtoun, and failzeing of
not peyment of the saids aittis the said defendar wes decernit to pey to
the said persewar fyv merks half merk for everie boll of the intoun cornes
and fyftie schilling for everie boll of the outfeild cornes making in the
haill the sowme of nyn scoir sewin punds monie And als wes decernit
to pey to the persewar six firlottis aittis pryce forsaids skaithit in his
yardes be the said defendares meiris And als the said defendar wes
decernit to pey to the said persewar and to the said Robert sex firlottis
bear with the fodder schorne and away tain be the said defendar furth of
an bar yard sawin be them the said cropt im vic threttie thrie yeirs or then
ten pund for the boll thairof, And lykwayes the said defendar was
decernit be wertew of the said Act to restoir to the said persewar ane
hewit plaid tain be him frae William Greiv cottar to the said persewar
or then to pey to the said persewar ten merks for the samen as in the
421
Aberdeenshire Sheriff Court:
said Act of Court of the daitt the thretteint day of Februar im vic threttie
four yeiris at mair lenth is contenit, And that be reasson the said defendar
is removet furth of the saids lands swae that the officer thairof cannot
putt the said Act of Court to executione [Then follows the statement
that the Procurator for the Pursuer moved for Decree, that the Procurator
for the Defender passed from his " compeirance " and whole defences and
eiks and that the Sheriff depute pronounced decree].
Decree for Delivery. Plate, Jewels, Furnishings, Clothing, &c.
(S Deer 1634)
THE QUHILK DAY anent the actione and caus persewed at the instance
of Elspet Gordoune spous to Andrew Hunter burges of Aberdeine and
the said Andrew for his entres against Thomas Meinzes of Balgownye
Alexander Meinzes his brother german and Janet Gordone relict of
umquhill Mr Thomas Meinzeis of Balgownie touching the persewars
lybell Desyring the saidis defenders or athcr of them to heire and sie them-
selff decernit be clccreit of court ordour of law and Justice to rander
restore and delyver back againe to the saidis persewers the haill moveable
guidis goldsmith wark silver wark Jewells abulziement J insicht and
plenishing conteined in ane Inventer produced quhilk was brocht to the
defenders houssis in Aberdeine be the said Elspet Gordone spous to the
said Androw to be kcepit and preservit be the saids defenders ay and
quhill the same wer sought back againe be the saidis persewers and that
allannerlie in custodie and keeping, Togidder lykwayes with ane stand
of armour tapestrie thrie lockfast trunkis thrie lockfast kistis whairin there
was sundrie spaices 2 of moveable guidis insight and plenishing, Quhilkis
guidis and geir wer brocht to there houssis in Aberdeine in the moneth
of Junij or Julij im vic and twentie and nyne yeiris And quhilk guidis
and geir aboue writtin conteynit in the said Inventar The saidis defenders
nor nane of thame will delyver againe to the saidis compleners unles they
be compellit And seing the saidis defenders at least the said Alexr
Meinzes hes poyndit and apprysit ane greate pairt of the saidis guidis and
geir for satisfactione of ane certaine debt alledgit restand to him as
assignay constitute be the said Thomas Meinzes his brother the saidis
defenders or ather of them should be decernit to delyver and restore back
to the saidis persewers the superplus of the guidis geire insight and
plenishing goldsmith wark silver wark and uther guidis and geir efter
specifeit quhilk remaines in the said defenders handis by and attour the
guidis and geire quhilkis are poyndit and comprysed be thame or then to
pey the pryces thairof efter following viz Twa peeces of turkie tapestrie
i Habiliments. 2 Species.
422
Decree Books: Vol. V,, Illustrative Examples
pryce fourtye merkis the peece Item thrie codis I pryce fourtie pundis
Item ane napkin wroght with gold pryce twentie pundis Item thirteine
coveringis to over beds pryce of the peece ten merkis Item four roses of
pearle with ane rubie in evrie rose pryce of the peece [part of a line
illegible] stand of courtanes of Indian taffetie pryce fyftie pundis Item
ane covering to ane bed of Indian Taffetie pryce twentie pundis Item
four coveringis of Spaines taffetie to draw on cods pryce of the peece
ten merkis Item ane Turkis turban pryce ten pundis Item fourtie fyve
codwares pryce of the peece fyve merkis Item fourteine paire of small
sheitis pryce of the paire four punds Item aucht paire of medling sheetes
pryce of the paire fourtie shillingis Item fyve paire of sheetes sewed with
black silk pryce of the paire ten merkis Item sevin paire of sheetis with
perling pryce of the paire fyve pundis Item twa fair Netherland boord-
cloathes pryce of both ane hundreth pundis Item twell servites pryce twell
dolors Item twentie thrie damask servites pryce ten merkis Item fyve
short buirdcloths pryce of ilk peece ane dolor Item twa faire hand towells
of damask warke pryce ten dolors Item sevin Dornik 2 hand towells
pryce fourtein merks Item ane faire sewed hand towell pryce fiftie
merkis Item ane Muscoviters drinking claith sewit withe gold pryce
twentie merkis Item thrie drinking claithis with pearling pryce ten
pundis Item ane hand towell sewed with reede silk pryce ten merkis
Item twa Turkic turbandis with reid and yellow silk maid of caddouse
pryce twentie pundis Item ane belt of greene velves broudered with
gold pryce fourtie pundis Item twa upstandeis of ane brase to ane chimney
pryce twentie merkis Item ane brasin pan for warming of ane bed pryce
ten pundis Item ane yrone heid peece pryce fyve merkis Item ane pair
of mailzie sleeves pryce fyve punds Item Sex tion(Ptin) crownes to stand
on ane bed pryce thrie pundis Item ane little bell pryce thrie pundis
Item ane allabaster stoup fourtie schillingis Item twentie sex Indian
sausters with ane great plett for confectiones pryce of all twintie merkis
Item twa choffers of brasse pryce ten pundis Item four covvsheiris pryce
four pundis Item two Venice spunges pryce four merkis Item twa
Muskoviters goblets with four spoones overgildit pryce ten pundis Item
four allabaster broades overgildit pryce thrie pund for ilk peece theirof
Item ane chasebrod overgilt pryce four pundis Item ane cloak of Spanies
cloath all lyned through with velvet pryce thrie hundreth merkis Item
ane stand of figured velvet pryce fiftie pundis Item ane stand of Wus-
horne velvet pryce ane hundreth punds Item ane stand of Grograme
silk pryce thirtie pundis Item ane damask dowblet pryce thirtie pund
Item thrie paire of silk stokins pryce of the paire sextein pundis Item
twa paire of silk garteris pryce of the peece aucht pundis Item ane velves
heid for ane woman pryce sexteine pundis Item ane Joope with ane skirt
i Pillows, 2 Linen from Tournay.
423
Aberdeenshire Sheriff Court :
of reed cloath all pesmented pryce fourscore pundis Item ane fyne
waskine J with ane pesment of silver about the taill pryce fiftie pundis
Item ane figured browne velves gowne pryce thrie hundreth merk Item
ane figured blak velves gowne pryce twa hundreth merkis Item ane stand
of greene Scottis courtingis pryce tvventie merkis Item twa scarfis of
crispe 2 pryce of the peece ten pundis Item ane Ibine 3 standwart pryce
four pund Item ane trunk with twa kistis pryce of all twentie merkis
Item ane Turkic scarff wovin with silver pryce twenty pundis Item
fyfteine bookis of English language pryce of all fourtie pundis Item twa
cases full of wreittis pryce [blank].
[Eventually and upon proof of payment of poinding creditors Decree for
Delivery was pronounced as concluded for : but the Defenders were
assoilzied from the prices libelled]
Decree for Borrowed Money. Sick Certificate, &c.
(25 Febry 1635)
THE SAID DAY anent the actione and caus persewit at the instance of
Magdalen Innes spous to Gilbert Johnstoun of New Leslie and the said
Gilbert for his entres agains Jane Innes Ladie of Balquhyne and
Johne Leslie of Balquhyne hir spous Tuitcheing the persewars lybell
makand mentione that quhair at the feast of Witsonday im vic threttie
thrie yeires the said Janet Innes Ladie of Balquhyne [the said John
Leslie being] for the tyme in the South countrie and schoe haweing
the charge of his effeires at the said terme and defraying of his debtes
most earnestlie intreattit the said Magdalen hir sister to len hir the
sowme of ane thowsand merkis money to help hir to defray hir husbands
debts schoe being wehementlie usit be his creditors and [at] quhais most
earnest dcsyir and request at the said tyme the said Magdalen delyvered
the said thowsand merkis to the said Janet Innes in borrowing and quhilk
sowme was convertit to hir husbands use and imployed for defraying of
hir husbands debtes viz delyvered to Sir Alexander Hay of Delgatie,
Knicht to quhom he was restand grytter sovvmes And notwithstanding
that the said sowme was takin up be hir and convertit to John Leslie of
Balquhyne hir husband his utilitie and proffeit as said is and that it be of
weritie that the saids complenars hes dyverss tymes soucht peyment of
the said sowm yit not the les the said defendars refuissis postpones and
deferrs to mak the complenars peyment of the said sowme without they
be compellit Desyring the saidis defendars to heir and sie themselffes
I A kirtle or petticoat. 2 Cobweb lawn. 3 Ebony.
424
Decree Books : Vol. V.t Illustrative Examples
decernit to pay and delyver to the saidis compleners the said sowme of
ane thowsand merkis for the reassones and caussis forsaids or then to
alledge as in the said persewars lybell at mair lenth is contenit IN THE
TERME assignit To Maister William Barclay procurator for the saidis
defendars to produce them to giw thair aithes of weritie upone the con-
tentis of the said persewars lybell with certificatione pro confesso
Comperit the saidis persewars with Mr Alexr Dawidsone thair pror. and
the said Magdalen Innes hawing giwin hir aith de calumnia in the said
cans they desyrit the said deyet to be satisfeit and In respect of the saidis
defendars thair not comperance protestit for circumductione of the terme
and for decreit condemnator in the said caus Ex adverse comperit Mr
William Barclay forsaid pror. for the saidis defendars and producit ane
testimoniall subscryvit be Johne Leslie of Petcapill William Abercrombie
John Petrie Patrik Leslie Notar and Mr Patrik Cheyne alledgit eldars
of the parochine of the Chapell of Garioch within the quhilk parochine
the saidis defendars duells thair being no actuall minister at the said kirk
for the tyme, beirand the said Janet Innes to be great with bairne and
unable to trawell in respect thairof and of the present storme and tempest
of snaw And thairfor protestit that na circumductione of the terme nor
decreit condemnator sould be giwin aganes hir and Johne Leslie hir spous
in respect it was alledgit be the said Mr William that he haid compeirit
abefoir and offerit to haiw giwin his aith in the said matter quhilk was
refuissit Quhairunto it was anserit be the said Mr Alexr Dawidsone that
the said alledgit testimoniall was null and could not supplie the absence
of the said Janet not being giwin and subscryvit be ane minister, Doctor
of Phisick nor be designit eldars of the said parochine upone thair soulles
and conscience nather was thair anything producit to suplie the absence
of the said John Leslie this day being assignit to the said Mr William to
produce him and his said spous And thairfor protestit for circum-
ductione of the terme and Decreit condemnator as said is
[The Sheriff depute gave effect to the Pursuer's contention, consider-
ing the testimonial produced insufficient to satisfy the peremptory diet
of appearance, which had been assigned, and pronounced Decree with £3
of expenses].
Decree of Warrandice and Relief. A Stolen Ox Hide.
(4 May 1636)
The said day anent the actioune and caus persewit at the instance of
Robert Mill in Quhytsteine agains Wm Forbes, Smith in Kincardin O
Neill Tuitching the persewar his lybele sumonds making mentione that
HHH 425
Aberdeenshire Sheriff Court
quhair in the moneth of Januar last bypast he coft and receavit fra the
defender being ane marcat day ane black broune backit ox hayd and
peyit to the defender thairfor thrie punds Scotis money Nochtvithstanding
quhairof Patrik Skyin in Clithquhorie Wm Birss in Corsinday and certan
uthers persons since the said tym cam to the said persewar and challengit
the said hyd and allegit that the samen was the hyd of the said
Patrick Skeyne his ox quhilk was stowin as thei alledgit In respect
quhairof the said defender suld be decernit to warrand frie relive and
skaithles keip the said persewar of the said hyd pryce thairof and of all
coist skayth damnage skandell and expenssis he sail hapin to incurre thair-
throw and to repey to the said complener the said pryce of the hyd with
sick expenssis as he sail hapin to bestow thairanent and to set sufficient
cautione actit in our buiks for that effect quhilk he refussis to doe as is
alledgit And thairfoir the said defender to heir and sie the premissis vere-
feit and prowin and being fund of veritie himselff decernit be decreit of
Court ordour of law and justice to warrand frie releive and skaithles keip
the said persewar of the said hyd and of all cost skayth damnage skandell
expenssis and inconuenient he sail hapin to incur be bying thairof and to
repey to him the pryce thairof with sic expenssis as he sail bestow and
wair thairanent and to set sufficient cautione actit in the said Shreff buiks
for that effect be reassone the said defender sold the said hyd and resaivit
the pryce forsaid for the samen [&c., &c.]
[The defender did not appear and decree was pronounced in terms of the
foregoing conclusions with 40$. of expenses]
426
Table of Contents of Vol. VI. of Decree Books.
1636.
July i. Removing. Cristian Irwing, widow of Alexr. Lumsden, elder of Easter Clova,
as liferentrix of the lands v. Janet Lumsden, widow of Alexr. Lumsden, younger, of
Easter Clova, Thomas Moir in Drumnagower, John Petrie there, Isobel Findlay, widow
of Arthur Stewin there, Isobel Malcolme, widow of James Morgan there and John Cuik
in Paxtoun, all in the parish of Kildrymmie. Sasine dated 23 April, 1627. Notary
Wm. Symson.
6. Supplement. Debt. Wm. Mitchel in Drumdolo v. James Miln in Boignie. A
debt of £22 17/6. The act here sought to be enforced was one of a court of the Barony
of Frendracht Convay " holdin in the yl of the Kirk of Foirg " on 23 Octr., 1635.
Removing. Patrick Wood in Littill Ardoe v. Wm. Cassie, occupier of Chappel-
toun of Shives and " salmond fisching belonging thairto on the Water of Ythan, miln
and miln lands thereof." Sasine dated 20 Deer. , 1628. Notary John Lessell. Two
defences were stated (i) a challenge of the execution of the warning to remove and (2) a
lease by George Gordon, younger, of Gight, to the Defender during the non redemption
of the lands.
8. Supplement. Rent. Mr. Matthew Lumsden, Bailzie, burgess of Abd. v. Thomas
Smyth, sometime in Ruthriestoun. Decree had passed against the Defender for his rent
of Ruthriestoun crop 1635, at a Court of the lands held within the Hall of Ruthriestoun
on 18 March preceding.
Forthcoming. George Meinzies, burgess of Abd., " Maister of Sanct Thomas
Hospitall of the said burghe for the tyme " v. James Jonstoun in Bleckisboig, Andrew
Hendersone at the New Miln of Ludquharne, Wm. Will in Nather Ludquharne, Wm.
Lawrensone in Auchtiedonald, George Bruce in Ludquharne, Wm. and Thomas Sleasor
in Waschingpool and Sir Wm. Keyth of Ludquharne, Knt., for his interest. Sir Wm.
Keyth had borrowed from David Aidie Maister of the Hospitall " for behove of the
bedallis thereof," in 1625, ^1000, for which he granted bond, the cautioners bound
along with him being Alexr. Keyth of Balmuir, Nathaniel Keyth of Cocklaw, Alexr.
Banerman of Elsick and Wm. Leask, elder, and Wm. Leask, younger, of that ilk.
Arrestments had been used in the hands of Sir William's tenants, followed up by this
Decree of Forthcoming.
Forthcoming. Alexr. Burnet, burgess of Abd., " Collector of the moneyis
mortified be umquhill Secretar Reid of guid memorie to the Colledge of the said Burghe
for himselff and as Assigney constitute be Mr John Moir, Collector of the Sessione of
the forsaid Burghe " v. Wm. Daniel in Conjeack and other tenants of Sir Wm. Keyth of
Ludquharne and the said Sir Wm. , for his interest. The Pursuer claimed in virtue of
a Bond for 2000 merks granted on 18 Novr., 1628, by Sir Wm. Keyth as principal and
Alexr. Keyth of Balmuir and Alexr. Banerman of Elsick as cautioners.
427
Aberdeenshire Sheriff Court:
1636.
July 13. Meal. George Leslie, Baxter, burgess of Abd. v. Wm. Fergous in Beildsyd and
Elspet Irving, his wife. Six firlots of meal at ,£10 per boll with 2O/- of expenses.
Removing. Alexr. Buchan of Auchmacoy v. James Skinner in Dorbishill.
Sasine dated 29 Septr. , 1617. Notary Thomas Cromby.
30. Rent. Mr. James Sandilandis, Doctour of the Lawes and Commissar of Abd. v.
Walter Jamesone in Tulloche and John Fraser in Sklaittie. The rents sued for were
those which the Defenders had in use to pay to John Gordoune, sometime of Craib-
stoune.
20. Demolishing Farm Buildings. Alexr. Anderson in Standingstaines v. James
Jameson in Durnocht. The Defender had been tenant under the Pursuer of the third
part of Knowes of Durnocht. The narrative states that, having resolved to desert his
holding, the Defender " hes demolischit & taken doun the houssis & bigingis occupied
be him " . . . " transportit & tain away the doires & windowes thairof and tymber
underwreittin viz lua doires in the fyr hous ane window & four forkes all worth ten
punds ane chamber doir worth fourtie schilling and staibill & byr doir worth four punds
and hes deteriorat & maid worss the saids bigingis in the sowme of tuentie punds." In
addition to conclusions for restoration or payment, the Pursuer sued for .£40 of a penalty
imposed upon the defender by an Act of court of the lands.
Oats. Wm. Blakhall, burgess of Abd. •v. Wm. Smyth in Gilcomstoun. Oats sold
at 13 merks 3/4 per boll. Expenses 4O/-.
Rent. Caution to Pay, Plenish, or Remove. John, Earl of Mar, &c. v. Jeane
Forbes, widow of James Forbes in Ledmakkay and Donald Sheill, her husband, George
Law in Mortliche, Jeane Morgin, widow of Alexr. Torne there, Robert Dumbar at the
Miln of Inverernan, James Shaw in Culforke and Wm. Forbes in Tornabowe,
27. Rents. Archibald Beanes, Litster, burgess of Abd., heritable proprietor of the
lands i>. George Towar in Auchmengzie and other tenants there for crop 1635. Sasine
dated 26 February, 1635. Notary Robert Merser. Each defender 3O/- of expenses.
Removing. Mr. Alexr. Dowglas, Doctor of Medicin, heritable proprietor of the
lands v. Alexr. Keythe of Balmuire occupier of New Seat of Drumbrek and others.
Sasine dated 4 Deer., 1633. Notary Alexr. Stewart.
Abstracted Multures. George Bedie at the Mylne of Syde v. John Cruickshank
in Knokinbaird, James Glennie there, Walter Leslie in Greenhill, George Michie in
Boddome, Wm. Ross there and George Philpe in Dunnyduire. Expenses 6/8 each.
Trespass by Cattle. The said George Bedie v. John Walker in Blairnedynnie.
Expenses i2/-.
An Ox. A Mare. Ewes and Lambs, &c. James Wilson in Drymminnoir v.
(i) David Wobster in Tempill of Crystes Kirk (a) 25 merks for the price of an ox (b)
5 merks for two years interest thereon (c) 4 merks for a firlot of malt and (d) 13 merks
for a mare ; (2) Patrick Smyth in Smythstoun £2$ for the price of 10 ewes and 10
lambs ; and (3) Clairs [? Clarissa] Robertsone in the Muir in Drymminnoir her rent of
" tua riggis " of Drymminnoir, crop 1633. Expenses 26/8 each.
428
Decree Books: Vol. VL, Contents
1636.
July 27. Wrongous Intromission. Edwart Adamsone at the New Miln of Foueran v.
Patrick Straquhan of Kinnadie. This was a dispute about the crop on a part of Back-
hill of Dens called Andies Wallis, occupied by Wm. Fyvie. The Pursuer had done
diligence against Fyvie on a registered Bond and had obtained from him a Disposition
of the crop of 1634, which Adamson claimed to have taken possession of by reaping,
shearing and stacking it. Subsequently the Defender removed it. In defence he
founded on a disposition by Fyvie, which according to his pleading, was of prior date to
the Pursuer's title. On a proof "per testes insertos," i.e. by the witnesses named in the
testing clause, it was found that the Defender's disposition was " fals feinzied and forged
in the daitt thairof To witt That the samen wes daittit long befoir the subscryveing
thairof." Restoration was ordered with 10 merks of expenses.
Liquidation. Hew Irving of Peilsyd, as assignee of Alexr. Leith of Countesvals v.
Wm. Baxter in Robertstone. The conclusion was for liquidation of the highest prices
of " sewintein bolls sufficient ait meill ferme but dust or stanes and ane boll sufficient
aittes of the crop 1634 yeires with tua outcome sheip under the wool" which Baxter had
come under obligation to deliver or to pay the equivalent in money therefor. The
witnesses were Wm. Lumsden, Alexr. Blak, younger, and James Blakhall all burgesses
of Abd. The price of each sheep was fixed at 4O/-.
Supplement. Rent. Sir Thomas Urquhart of Cromartie, knight, Robert
Buchane of Portlethin, Andrew Meldrum late Bailzie and burgess of Abd., and George
Gordone, servitor to Alexr. Keithe of Balmure v. Edward Schirreff at the Mylne of
Polglassie. The rents of Mylne of Polglassie and Nether Polglassie were claimed. The
local court had been held in the barn of Archibald Mackie in Craigstoune on 15 July
instant.
30 Removing. Mr. Wm. Reid, Minister at Gartlie, heritable proprietor of the lands
of Glasgowego v. Thomas Dickie at the Blakburne, called the Bredfuird of Glasgow.
Date of Sasine not given.
Aug. 19. Removing. Gilbert Ilerwie, elder, burgess of Abd., heritable proprietor of Elrick
and Moniceabock v. Wm. Innes in Elrick. Date of Sasine given as the day of
im vie threttie yeirs. Notary Mr. Patrick Chalmer.
Supplement. Rent. Sir Thomas Urquhart and others [as above] v. Wm.
Thomsone sometime in Powglassie, then at the " Kingisfuird of Auchterles." The Act
of court founded on was one of the lands and barony of Ordmelie and Auchries dated
27 April, 1635.
Sept. 7. Removing. Katherine Falconer, Lady of Shives and liferentrix of the lands, and
Mr. Patrick Gray, her son, for his interest, v. Alexr. Pirie in Auldtounleyis and Alexr.
Reid there. There were produced liferent Sasine in favor of the lady dated 25 June,
1595 — Notary James Broun — and Disposition by her to her son dated 23 Feby., 1636.
14. Supplement. Rent. Wm. Seton of Meldrum v. John Malice, sometime in Old
Meldrum, then in Kinguidie. An Act of court of the Barony of Meldrum was founded
on.
429
Aberdeenshire Sheriff Court:
1636.
Sept. 23. Rent. Mr. Thomas Mitchell, Persone of Turreff, as proprietor of Maynes of Cask
v. John Forbes of Cask. The Defender had with, consent of James Hay of Muirie-
fauld wadset the lands to the Pursuer for 5000 merks by contract dated 12 Octr., 1633.
The borrower had bound himself to warrant that the lands would yield yearly " fyv
chalderis victuall quhairof aucht bollis bear four bollis quhyt meill and four chalderis
four bollis guid and sufficient aitt ferme meill als sufficient as any girnell meill within
the parochin of Turreff, with nyn disson of capones, aucht punds teind silver and to hold
the saids lands sufficientlie tennentsted for quhom he sould be ansuerabill to pey the
said yeirlie dewtie and rentall" during the not redemption. It was stated that either he
or Patrick Forbes his " oy " was in occupation, and decree passed against him with £$
of expenses. Sasine dated 18 Deer., 1633. Notary Mr. James Skeyn.
Rent. Andrew Meldrum, Bailzie, burgess of Abd., as heritable proprietor of the
lands v. Patrick Meldrum of Iden. The Defender, who had previously advocated this
case to the Court of Session, by whom it had been remitted back to the Sheriff, was
now ordained to pay the rents of Iden, crop 1635, as sued for, and for the fishings on the
Deveron, &c., with ^5 of expenses. Sasine dated II July, 1628. Notary John
Meldrum.
28. Rents. Andrew Meldrum as above v. Patrick Meldrum as above. This decree
seems to have been meant to supersede or supplement the immediately preceding decree.
It is fuller and embraces the rents for 1633, '4 and '5, besides founding on the Pursuer's
title, which was a Disposition and Assignation by Elizabeth Urquhart, widow of Thomas
Meldrum of Iden and liferentrix of the lands, dated 8 Novr. , 1633. The widow's life-
rent Sasine was dated 19 June, 1599. Notary Donald Urquhart. A proof by writ or
oath of certain pleas of the Defender was allowed, but the Pursuer's oath was negative
of these and decree was pronounced as prayed for. At the end of the decree there is
found a receipt by the Pursuer for two Sasines, the Disposition of the liferent and Act
of Remit from the Court of Session, dated I July, 1636.
Octr. 12. Registration. John, Marjorie and Cristian Gordon, lawful children of the late
John Gordon of Inzean and Capitan Robert Irwing of Monboddo their Tutor dative v.
Mr. Patrick Gordon of Bracko. The Bond which was ordained to be registered was
one for 1000 merks granted on 28 May, 1632, by the Defender as principal, and by
Thomas Erskein of Pettodrie and Alexr. Erskein of Dorlathin as cautioners, in favour
of the late James Gordon, brother german to the late John Gordon of Enzean. Failing
lawful children of James Gordon, the money was to be repaid to the Pursuers. The
witnesses named in the testing clause of the Bond were Alexr. Bannerman, apparent, of
Elsick, Wm. Erskein, brother to Thomas Erskein of Pettodrie and Alexr. Gordone,
apparent, of Invermarkie.
19. Bond. Decree in favour of Heir. John Lichtoun, burgess of Abd., son and
heir of John Lichtoun, Skipper, burgess of Abd. v. Alexr. Watson, Merchand,
burgess of Abd. By Bond dated 6 Septr. , 1633, and registered in the Books of Counsell
on 21 March, 1636, the Defender bound himself to repay to the Pursuer's father 65
merks, with interest and expenses. The Defender appears to have maintained that the
Bond was moveable, but the Pursuer's contention that it was heritable bearing interest
and that it fell to the heir was given effect to.
43°
Decree Books: Vol. VL, Contents
1636.
Octr. 19. Removing. John Leslie of Nathertoun v. John Leslie in Durno. The subjects
in question were a plough of Meikill Durno. Sasine dated 21 May, 1631. Notary
John McKieson.
Supplement. Rent. John Leslie of Anquhorsk v. John Leslie in Durno.
Authority was interponed to an Act of court of the lands of Durno dated 21 April pre-
ceding, decerning for rent crop, 1635.
Novr. 2. Registration. Alexr. Shreff in Culhay v. James Wilsone in Drymminnoir and
Mr. Wm. Glas, as eldest son and heir of George Glas in Westhillis. By Bond dated
15 Deer., 1632, Wilsone as principal and the deceased George Glas as cautioner had
become bound to pay to the pursuer 260 merks. Two of the witnesses to the Bond
which was signed at Ryne [Rhynie] were Mr. Henry Ross, Minister at Ryne, and Mr.
Wm. Glas, Schoolmaister at Auchindoore.
4. Victual and other Merchandise. John Roishill in Maynes of Drum v. Alexr.
Law in Angustoune and no fewer than 38 other debtors for separate debts. Expenses
6/8 each Defender.
9. Rent. Gilbert Colliesone, lait Bailzie, burgess of Abd. v. John Broun, sometime
in Taertie, then in Wattrischemuir. Balance of rent of Taertie crops, 1630, 'i, '2 and
'3. Expenses 4O/-.
ii. A Buit [Exchange]. George Scott, servitor to Mr. Alexr. Davidson, Advocat
in Abd. v. Alexr. Watt in Logydurno. The claim made and given effect to was for
" Ten merks restand be the said Alexr. to John Scott father to the persewar for ane
buit betuixt ane hors and ane meir and promisit be the defendar to the persewar."
Expenses 2O/-.
1 6. Not entering to Service. Damages. Alexr. Knowis in Tillioch v. Wm.
Smyth in Lin. \Vide Illustrative Examples infra.~\
Mares. A Suite. Robert Findlay in Eades v. Robert Cattoche at the Myln of
Ardoyne. Decree for .£30 as the price of " tua meiris coft be the defender." Also
£4. 7/- promised by him to the Pursuer "in buite betuixt ane horse and ane steir."
Expenses 3<D/-.
1 8. A Hewit Plaid. John Duncan in Tilliechordoch v. Alexr. Tais in Kincragie.
The Defender was ordained inter alia to pay 14 merks for the price of " ane hewit plaid
coft & resaivit" by him. Expenses 4O/-.
23. Removing. Mr. Alexr. Scroggy, Doctor of Divinitie and Minister at Sanct
Machar Kirk of Old Abd. v. George Touche at the Miln of Tollie and other tenants of
Tollie in the Parish of Kinbethok. Sasine dated 24 Septr., 1635. Notary Wm. Watt.
25. Double payment. Repetition. Absolvitor. John Seton of Auquhorthie v.
Robert Meldrum at the Miln of over Rothie. The Pursuer's case was that he had twice
repaid to the Defender a loan of ^100, but on a reference to his oath the Defender
denied this and was assoilzied. No mention of expenses.
431
Aberdeenshire Sheriff Court:
1636.
Novr. 30. Spuilzie. Alexr. Ross in Tilliesnacht v. John Erskein alias Mackgregor in Brae
of Mar. The Defender, who did not appear to give his oath as summoned, was decerned
to restore seven " kye " which he had carried off from the Forest of Birse in 1633, or to
pay £20 for each cow, and £8 for the calf which each of the seven cows would pre-
sumably have produced each year from the time when it was taken until it was restored.
Expenses ^3.
Deer. 9. Supplement. Rent. George Jonstoun of Fawals v. George Allan in Middill
Disblair. By an Act of court of the lands the Defender had been found liable for the
rents of Middill Disblair crops 1634 and 1635.
14. Rent. Helen Liddell, widow of Walter Angous, Skipper burgess of Abd. -v. Alexr.
Tellie, Citiner in Old Abd. The Defender was tenant of " ane lang rig lyand on the
east syd of the citie of Old Abd." The rent was nine firlots " guid & sufficient ferme
malt rin mett," at ^10 per boll. Expenses 3O/-.
16. A Cow. Alexr. Duthie in Culter v. Alexr. Barclay, Flescher in Abd. The
Defender had bought a cow for 16 merks, but had not paid for it. Expenses 2O/-.
20. Forthcoming. George Logy, sometime in Swailend then in Kinmundy v. Alexr.
Tilliedaff of Moistoun and Thomas Turing in Moistoun, for his interest. Tilliedaff as
arrestee was ordained to make forthcoming to the Pursuer 25 merks of principal and 10
merks of liquidate expenses arrested in his hands by Logy, to whom Turing was debtor
in terms of his obligation dated 27 July preceding.
Sum in Bond. Mr. James Buchan, fiar of Auchmacoy v. Jean and Marjorie
Buchan only children and co-heirs of the late Wm. Buchan of Dyce and George
Moriesone, burgess of Abd. and Gilbert Skeyn of Dyce their respective husbands, for
their interest. By Bond dated n July, 1617, and registered in the Books of Counsel
and Session 22 June, 1622, the late Wm. Buchan, of Dyce, as principal, with Alexr.
Buchan of Auchmacoy and Mr. Henry Buchan, Burgess of Abd. as cautioners, became
bound to pay 2000 merks to the late George Ogstoun in Auchmacludie for himself, and
as father and administrator to William, Alexr., George, and Elspet Ogstoun, his children.
This Bond was assigned by George Ogstoun to the Pursuer on 13 July 1622. An extract
of the Bond and the Assignation together with the services of Jean and Mariore
Buchan [vide p. So supra] were produced. There was no defence.
Forthcoming1. George Morieson, burgess of Abd. v. Janet Hendersone in Wood-
end of Clunie and other tenants in Clunie and Pitmachie, and Wm. Coutes of Auchter-
cowll and Alexr. Abercromby, elder, of Birkinboig, for their interest. The obligation
upon which the arrestments of the tenants rents had been founded was one by George
Gordon, younger, of Gight, as principal and Alexr. Abercromby and Wm. Coutes as
cautioners to the Pursuer for 4000 merks dated 4 June, 1631.
Forthcoming. Mr. Robert Ferquhar, burgess of Abd. v. Thomas Andersone,
burgess of Abd. and John Andersone at the Walkmiln of Culsalmond, for his interest.
The Pursuer held a Court of Session decree against John Andersone dated 15 Deer.,
1631, for rents of the Walkmiln crops 1630 and 1631, by virtue of which he had used
arrestments in the hands of Thomas Andersone.
432
Decree Books: Vol. VL, Contents
1636.
Deer. 23. Trespass by Cattle. George Connan in Newtoun of Auchindoir v. (i) Janet
Lumsden in Stainbriggis of Easter Clova ; (2) Geillis Anderson there; (3) Arthur Mark
there ; and (4) John Cuik there. Decree passed against all these Defenders f >r different
quantities of " aittis and calf corne eattin be thair guids " crop 1635.
1637.
Jany. 11 Wrongous Intromission. John Coutes in MeiUill Gellan v. George Cromar in
Formostoun, Robert Cromar his son, Thomas Coutes there, Robert Davidson in Tillie-
quhowdie, and Patrick Cromar in Formostoun. The case agninst the Defenders was,
that during the lifetime of the late Isobel Smyth the Pursuer's wife, they got from her
various sums of money and effects "by" the knowledge, and without the consent of the
Pursuer. Some of the Defenders appeared and were dealt with according to what they
admitted on oath.
Breach of Arrestment. The Procurator Fiscal (Mr. Alexander Davidsone) and
John Gordoun of Haddo, for his interest v. George Pratt who was a tenant of Gonloun
an i occupier of Wester Barrack. ( Vide Illustrative Examples infra.}
13. Removing. Mr. Win. Lumsden, as heritable proprietor of the subjects v. George
Middiltoun Advocat in Old Abd. and Jean Hay widow of Mr. \Vm. Barclay, younger,
" sumtym indwellar in the said Citie." Sasine dated 20 June, 1633. Notary Mr. John
Chalmer. The subjects were described as follows : — " All and haill the tenement of
land callit Turreffis Manss with the closs yard taill or croft belonging thairto lyand at the
west syd of the Chanrie of Old Abd. Betuixt the landes of Sir Alexr. Gordoun of Cluny
knyt baronet at the South the houssis yards & croft perteining to the airis of umquhill
Mr. Johne Leyth sumtym Commissar of Abd. at the North the Kingis commoun gaitt at
the East and the commoun Loch of the said Citic of Old Abd. at the West."
20. Forthcoming. Mr. Thomas Mitchel, Parsone of Turreff v. Patrick Forbes in
Gask and others and John Forbes of Gask, for his interest. This action followed upon
an arrestment proceeding upon a Decree of the Sheriff Court on 23 Septr. preceding
[vide supra p. 430].
Cow and Calf. Hides. Wm. Forbes, younger, of Corsindae v. (i) Robert Lae
in Cragiedarg and others for 22 merks 3/4, being the price of a cow and calf, and (2)
Archibald Buith in Milnbowie " sex merks for ilk hyd of four hydes resaivit be him frae
the said persewar to have bein lymit & barked quhilks he redelyverit not as yit."
Expenses 4O/- each Defender.
Supplement. Arrears of Rent. Sir John Leslie of Wardes, knight baronet v.
John Anderson in Landendis of Durno, as cautioner for Alexr. Anderson, sometime in
Knowes. The decree sought to b0 enforced was one of a court of the lands of " Meikill
Durno holdin in James Jamesones fyr hous thair " upon 5 Febry., 1622.
25. Supplement. Rent. Wm. Irving in Mirne v. John Philp in Balblair, Wm.
Philp in Waster Tulloch and Wm. Kemp in Tulloch. The Act of court founded on
was one of the lands of Tulloch and Corssfeild dated 28 October, 1636. The reason for
resorting to the Sheriff Court was thus set forth : — "Be reassone the said persewar is
denudit of the heretabill richt of the grund & the officer thairof refuissis to put the said
Act to executione." The rents of crops 1633 and 1634 were the subject of the decree,
in 433
Aberdeenshire Sheriff Court:
1637-
Jany. 25. Loan. Absolvitor. Allan Og in Ley of Ruthven v. Thomas Tais, elder, in
Knowheid of Culler, Thomas, John and Bessie Tais, his children, and Agnes Trowp,
wife of the said John Tais. As a result of a reference to their oaths the Defenders were
assoilzied.
Feby. I. Rent. Wm. Seton of Meldrum v, James Seton, sometime in Catie. The lands
had been let to the Defender on a three years' lease from Whitsunday, 1633, at ,£80 per
annum and certain " dewties." This decree was for the rents falling due at Whitsunday
and Martinmas, 1636. A defence was stated that the Pursuer had promised to allow,
as a deduction from the rent, such sum as the Defender should expend on repairs to the
buildings, and that he " vvairit above fourtie pund in biging of the hall and kill." A
proof pro ut de jure was allowed and the defence referred to the Pursuer's oath, who
denied any promise of the kind libelled. Expenses ^3.
3. Dyer's Accounts. Patrick Jak, younger, Litster, burgess of Abd. v. (i)
Leslie and George Gordoune of Newtoune, her husband, ,£25, (2; Forbes and
John Leithe of Harthill, her husband, .£15, (3) George Leithe of Overhall and Margaret
Leith, his mother, ,£15 10/10, (4) Normond Leslie of Litill Garden, £12 12/8, and (5)
Mr. Alexr. Straquhan, Minister at the Chappell of Garioche, ,£5 I7/-. Expenses I2/-
each.
8. Sum in Bond. Mr. John Moir, burgess of Abd., as Collector of the Kirk Session
of Abd., and as assignee of Mr. Alexr. Ross, D.D. and Minister of Fuittie Kirk of Abd.
v. Alexr. Fraser of Techmuirie, as heir of Alexr. Fraser of Techmuirie, his father, and
his tutors and curators, if any. The deceased had borrowed from the late Isobel Coutes,
widow of James Kennedy, burgess of Abd., the sum of 500 merks. Of this sum the
lady had by her Will dated 27 April, 1633, bequeathed 200 merks " for serving the Cuir
of Fuittie and 300 merks to the Collector of the Kirk Session to the use of the poor."
Dr. Ross had assigned the sum left to Fuittie to the Pursuer on 5 May, 1636. Moir
produced as his warrant or mandate to sue " ane Act of Collectorie grantit be the Kirk
Sessione of the said burghe " to him dated 29 Novr., 1625. There was no appearance
for the Defender and no defence.
15. Supplement. Rent. Mr. Alexr. Jaffray of Kingiswallis, Provest of Abd. v.
Thomas Mill, sometyme at the Milne of Porterstoune, then in . By an Act of
court of the lands and Barony of Caskieben, held in the Hall of Caskieben on 25 Octr.,
1635, the Defender had been found liable on his own confession in payment of his rent
for Milne of Porterstoune crop 1635.
Accounts for Victual. Allan Ogg in Ley of Ruthven and Wm. Name there v.
Wm. Deskorie in Leyheid, James Coutes in Tonley and Robert Davidson in Blelik.
Abstracted Multures. Alexr. Forbes of New v. Arthur Watt, Katherine Peart
and a number of tenants in Nather Towie, who were found liable in various sums for
grain abstracted from Milne of Towie in the years 1632 to 1636 inclusive. Expenses
i6/- each Defender.
Decree Books: Vol. VL, Contents
1637-
Feby. 17. A Horse, &c. Archibald Farquhar in Cluny for himself, and as Tutor to Annas
Farquhar, daughter of the late Wm. Farquhar in Dullab v. Alexr. Reid in Drumnahoy.
(i) II merks due to Archibald Farquhar, personally, being the balance of ihe price of
cattle, (2) 55 merks 6/8 due to him as Tutor to Annas Farquhar, being the price of a
horse sold by the deceased Wm. Farquhar to the Defender. Expenses 4O/-.
22. Supplement. Relief. Wm. Gaw in Invernettie v. Wm. Moir in Nethirtoun of
Kilvalliche and Wm. Hay in Croft of Kilvalliche. In a court of the Barony of Kil-
drymmie held by Alexr. Strauchane of Glenkindie, as Bailzie, on 28 February, 1634,
the Defenders had been ordained to relieve the Pursuer of the payment of 560 merks
due to Robert Forbes in Inverernan, or to pay the said sum to Gaw to enable him to
operate his own relief.
Deterioration of Building. Not Herding Cattle, &c. Robert Jhonstoun at
the Kirk of Udny v. Robert Forbes in Cragie. The Defender had a five years' lease
from Whitsunday, 1628, of Ovir Tilligonic, situated in the parish of Tarves by annexa-
tion. This lease contained certain stipulations about the upkeep of houses and keeping
" guids," i.e. Cattle, within bounds. This decree was for recovery of damage for the
breach of these stipulations. Expenses £4.
Rent. George Gordon of Nethermuir v. David Pratt at the New Milne of Bal-
quhenzeachie. The Defender was or had been tenant of the lands of Knaven, for the
rent and duties of which in the years 1635 and 1636 there was decree. Expenses
5 merks.
Trespass by Cattle. Damages. Wm. Stewart in Lonheid of Bonytoun v.
Alexr. Stewart in Jaxtoun. This seems to have been a case of outgoing and incoming
tenant.
24. Rent. Mr. Wm. Lumsden, Advocat in Abd. v. George Midiltoun in Old Abd.
The Defender was sued for £40, being rent for each of the years 1634, '5 and '6 of "the
tenement of land yaird and croft presentlie occupied be the said George Midiltoun lyand
within the Chanrie of Old Abirdein £ Wast syd thairof callit the parsone of Turreffis
manss." The whole case was referred to the oath of the Defender, but he did not face
the ordeal. Expenses 4O/-. [Vide supra p. 433.]
Mar. i. Trespass by Calves. Abstracted Multures. John Tailzeor in Craigtoun,
sometime at the Milne of Clatt v. (i) Henry Andersone in Clatt fora "half boll aittis for
ilk calff of fyve cair quhilk geid throw the persewars comes " crop 1636, (2) George
Stevin in Hillheid and others for corn abstracted from Milne of Clatt, of which the
Pursuer was "takisman" in 1635 and to which the Defenders were " bundsuckin."
Expenses I2/- each.
Rent. Sir Alexr. Irving of Drum, knight, as heritable proprietor of Tilliegreg v.
Wm. Aiken in Kinguidie. The rents for the occupation of Tilliegrig in 1634, '5 and '6.
Expenses ^3.
435
Aberdeenshire Sheriff Court :
1637.
Mar. i. Forthcoming. Patrick Strauchane of Kynnaldie v. James Gordoun in Asleid,
David Synclair there and Isobel Leask, widow of Wm. Banerman, sometime of Asleid,
for her interest. Isobel Leask had, conform to Bond dated 8 April and recorded in the
Commissary Court Books 14 May 1635, borrowed from the Pursuer ^130, for which
James Gordoun in Hilende of Asleid was cautioner. The other Defenders were
ordained to pay the sums arrested in extinction pro tanto of this debt.
8. Trespass by Horses and Calves. Patrick Gordoun in Muriheadles :>. Walter
Leslie in Greinhall. The damage occurred in 1633 and was caused by " horss follis
and cair."
Fees of Sheriff Clerk Substitute. John Huntar, Notary Public, sometime
Sheriff Clerk Substitute of Abd. v. John Keythe of Glackriauche, sometime Sheriff
depute. This claim arose in 1630. f Vide supra pp. 406 and 410.]
Abstracted Multures. John Glenny in Petteismilne v. Alexr. Reid in Selbie,
who had not taken his corn to the Milne of Petteismilne in 1635 and 1636.
10. Renunciation of Tenancy. \Vm. Gormack in Kirklands of Daviott v. James
Urquhart, youngest lawful son of the late John Urquhart of Craigfintrey, heritable
proprietor of the lands of Auldcraig and Daviott, and John Gordoun of Hilltoun and
John Setone of Auquhorthies his Tutors Testamentary. The tenant by way of action
against the proprietor (possibly because the latter was in pupillarity or minority) gave up
his farm of Kirklands as from Whitsunday following.
15. Rent. George Rickart, burgess of Abd. -v. Thomas Cheyne of Ranystoune. The
Defender was ordained to pay ^40 being the rent for the year to Whitsunday 1635 of
" ane tenement of land lyand at the Shoir of Abirdein " belonging to Rickart, with 4O/-
of expenses.
A Gun, &c. David Schand, burgess of Abd. v. Alexr. Davidsone in Brae of
Ballogie. The Defender had bought "ane gune and sheabill " for £6, payable at
Martinmas 1633, but had not paid for them. He was now ordained to do so with y>f-
of expenses.
17. Loan. Merchandise. Patrick Meinzies, burgess of Abd. v. John Fraser of
Aucheiries. ,£25 io/- " borrowit silver and merchandise coft and receavit." Expenses
40/-.
22. Wool. Wm. Schand, burgess of Abd. v. Marjorie Andersone widow of Wm.
Andersone, burgess of Abd. ^,'30 for " woll coft and receavit." Expenses 4O/-.
24. Rent. Alexr. Andersone in Standingstanes v. James Jamesone in Knowis of
Durno. The rent of Knowis for crop 1636 was decerned for. The prices of victual
were proved by witnesses. \_Vide supra p. 428.]
436
Decree Books: Vol. VL, Contents
1637.
Mar. 31. Rent. Gilbert Hervie, elder, burgess of Abd., heritable proprietor of the lands v.
Wm. Innes sometime in Elrick then of Drumquhendill. Sir Robert Innes of Balvenye,
knight baronet, and Walter Innes and the said Wm. Innes his sons were parties to a
contract of Wadset over the lands of Elrick and Monycabok for 20,000 merks. Gilbert
Hervie was the creditor, but had allowed Wm. Innes to remain in possession and draw
the rents, so long as the provisions of the Contract were observed. There having been
a failure to observe these, Hervie obtained a Decree of Maills and Duties in the Court
of Session, and followed it up by this action for the rents of crop 1635. Expenses IO
merks. [ Vide supra p. 429.]
Wrongous Intromission. Alexr. Irving of Kincowsie, with consent of James
Knowes at the Milne of Auquhorthies and other tenants of Auquhorthies z>. Gilbert
Meinzies sometime of Auquhorthies burgess of Abd. These lands situated in Banchorie
Devnik in Kincardineshire had been sold by Meinzies to Irving, including the rents for
crop 1633 and subsequent years. The Pursuers' case was that the Defender had uplifted
the rents for 1633 and 1634. The decision turned upon the oath of the Defender, who
admitted having received part of the rents sued for. Expenses ^3.
Board. Agnes Allardes, wife of Wm. Charles, Vreight, burgess of Abd. and her
husband v. David Tailzour in Barleyes of Leisk. .£5 I2/- for "meat and drink."
Expenses 13/4.
Merchant's Accounts. Patrick Wat, Merchand, burgess of Abd. v. (i) Andrew
Watt at the Milne of Bomakessie 7 merks for Lint, (2) Patrick Clerk in Claymyres
£8 18/4 for merchandise and 4O/- for an " auld compt," (3) Wm. Crafuird in Greischaw-
hill 7 merks for " Yrne," (4) Wm. Simsone sometime in Culsh of Fedret then in Auch-
inleck 5 merks 6/8 for Lint, (5) Alexr. Reid in Chrystis Grein and Margaret Laurenstoune,
his wife, 16 merks for Lint, (6) Wm. Mitchell in Auchinleck £2$ 8/8 for " ane Caldron
coft and resauit quhilk he promisit to have peyit at Sanct Tollis day " 1636. Expenses
6/8 each.
Oxen. Alexr. Lyone in Ardo v. John Vatsone in Crabidonald. Inter alia
£10 io/- for an ox and 13 merks for a young ox. Expenses 4O/-.
Loan. Ticket. Mr. John Chalmer, Shref Clerk deput of Abd. v. George
Gordoune in Newtoune. Ten rex dollores with eight merks of liquidate expenses,
conform to subscribed ticket.
Leather. Cheese. David Simsone, Saidler, burgess of Abd. v. Patrick Castall
in Achnagat. 8 merks for " barket ledder " and 36/- for "ane steine of cheise."
Expenses 2O/-.
Spuilzie or Wrongous Intromission. Wm. Stewart in Lonheid of Bonytoun
v. Alexr. Stewart in Jakstoun. The Defender was ordained to restore or pay for 80
" threaves aittis extending to twentie bollis aittis with the fodder" belonging to the
Pursuer, taken from the lands of Jakstoun, or to pay £4 per boll therefor. Expenses
^4. [ Vide supra p. 435.]
437
Aberdeenshire Sheriff Court:
1637-
Mar. 31. Exhibition and Delivery of Titles. Alexr. Fraser lawful son of the late Mr.
George Fraser, Minister at Boharm, heir or apparent heir of Mr. Win. Fraser of
Bischopes Clintertie, and Patrick Gordon in Colliethie and John Porterfeild in Auchlun-
carthis, his curators v. Robert Fraser in Bischopes Clintertie. The Wiits of Littill
Clintertie callit Bischopes Clintertie were called for, viz. : — A Charter granted by the
late Patrick, Bishop of Abd. to the late Mr. Wm. Fraser dated 15 Novr., 1620 and
Instrument of Sasine following thereon, dated 10 Jany., 1621. Notary Wm. Forbes.
Also Charters granted by Bishops Peter Blakburne, Wm. Stewart, and Wm. Gordon
and by the King to Fraser's authors, together with the Instruments of Sasine following
thereon. The Defender admitted having the title deeds, but stated that he had been
summoned to produce the Writs in a Court of Session action at the instance of Adam,
Bishop of Abd., and had sent them to his Edinburgh Agent. Decree however was
pronounced as concluded for. An Extract of the Pursuer's service as heir to his grand-
father dated I March current was produced as well as an Act of Curatorie.
Forthcoming. Robert Farquhar, burgess of Abd. v. Thomas Andersone, burgess
of Abd. and John Andersone at the Walk Milne of Wranghame, for his interest. The
rents of the Walk Milne for 1632 and Whitsunday 1633 were due by John Andersone
[vide supra p. 432] .£50 of which were recovered by this Decree of Forthcoming.
April 21. Dyer's Accounts. Patrick Jak, younger, Litster, burgess of Abd. v. (inter alias)
Win. Gordon of Brodland, Janet Gordon, Lady Auchtercowl, and Wm. Coutes her
husband, their indebtedness being ^50 10/4 and ^29 8/- respectively.
26. Liquidation. Elizabeth Seton, Lady Abirzeldie v. James Crystie and others in
Bantooth. In order to secure payment of her annualrent of three chalders and ten bolls
of victual, payable from Bantooth, Lady Abirzeldie had obtained a decree against the
tenants. The purpose of this Sheriff Court action was to have the highest prices of the
said victual of crop 1633 liquidated. This was done on the testimony of three local
witnesses.
28. Wrongous Intromission. John Clerk in Kamney v. Elizabeth Straquhane, Lady
Blakhall, George Grub in Inverurie and Geills Ross, his wife. The Defenders, one or
other of them, were ordained to restore " ane Cannowes "i wrongously taken from the
Pursuer in 1630, or to pay 10 merks for it. Expenses 3O/-.
Loan. Ticket. Prussian Guilders. Isobell Vallace in Fetterneir, mother of
Robert Brebner, Citiner in Lonndoune, and John Still, her husband v. Alexr. Gardyne,
sometime in Banchorie. The Pursuer founded on a ticket dated at Elburge 24 Septr.,
1628, for " fiftie Gilderes Spruis " together with a letter from her son authorizing her to
sue. The value of a Guilder was fixed at 19/4 Scots. [Vide Illustrative Examples
infra. ]
May 5. Rent. James Gregorie, burgess of Abd., as Collector of the Kirk Sessioune of
Abd. v. Alexr. Fraser in Auchrynie. The Pursuer was in right of the rent payable by
Defender for crop 1636, in virtue of an Assignation by Andrew Barclay of Auchmacher
to the late Robert Fergussone, the Pursuer's predecessor in the Collectorship, dated 25
April, 1635.
I The Editor has not succeeded in identifying this word with certainty. "Cannas" or
' ' Cannes " [vide Jamieson] might answer.
438
Decree Books: Vol. VI., Contents
1637.
May 10. Rent. Thomas Thomsone, burgess of Abd. v. John Meldrum in Boigholl. The
Defender was decerned to pay to the Pursuer 14 bolls of oatmeal per annum, for the
rent of the half Milne of Boigholl for crops 1635 and 1636. The Pursuer was heritable
proprietor of the half lands and half Milne of Boigholl.
12. Rent. Mr. Alexr. Leask, lawful son of the late Wm. Leask of that ilk v. Wm.
Leask of that ilk, Andrew Cellar in Auchmad, Edward Adamsone in Boigbrae and
others. The Pursuer claimed to be heritor of Auchmad in virtue of a Disposition by his
father who had been liferenter, but had died in August, 1636. The rents decerned for
were those for the half year ending Martinmas, 1636. Sasine dated 21 April, 1603.
Notary the late Mr. Wm. Chalmer.
Loan. Mr. James Straquhane of Fettercarne v. Wm. Fraser in Fodderbirss.
£42 contained in an obligation dated 14 March, 1636.
Rents. Mr. Alexr. Jaffray of Kingisvalles, Provest of Abd. v. Sir George John-
stoune of that ilk, knight baronet, George Johnstoune, his eldest lawful son, and James
Ogilvy in Scheilboig. This action was founded upon a Disposition, containing Assigna-
tion of rents, granted by Sir George Johnstoune in favour of the Pursuer " for securitie
of ane bargain of sevin thowsand bollis of victuall disponit be him to the said persewar
and obleisit to be peyit in sevin croptes be equall portiounes beginnand the first cropt
im vie threttie thrie yeires and failzeing of ilk boll aucht punds with the annuelrent
thairof." The bargain was said to be contained in a Disposition by way of contract of
date Deer., 1633, corroborated by another Disposition dated 31 Octr., 1635. Sir
George was sued as actual occupant of Ardieharrell and Easthill of Crimond, his son as
occupant of the third part lands of Muirtone, and the other Defender as tenant of
Scheilboig.
Rent. Gilbert Irwing in Biffie, as heritably infeft in Nathertoun of Altrie v. John
Keyth in Altrie, John Forbes there and Hew Murray there. Sasine dated 24 March,
1635. Notary Thomas Gordon. Expenses 4O/- each.
17. Rent. James Cruikschank, Armorer, burgess of Abd. v. James Daniell in the
Maynis of Percok and other tenants there, and Alexr. Fraser of Techmuirie and John
Fraser of Newburgh, his Tutor, for their interest. Mr. Vidast Lowsone, lait Bailzie,
burgess of Abd., had been heritably infeft in the lands and Barony of Percok, for pay-
ment of an annualrent of 70 merks. The pursuer had come in right of Lowsone by
Decree of Apprising against him, and had " purchessit " of Alexr. Fraser and his Tutor
"infeftment and sasing of the saidis landes and annuelrent." By this decree he sought
to secure payment of what was due to him. In one part of the Decree, the names of
Alexr. Straquhan, elder, and Alexr. Straquhan, younger, of Glenkindy, are coupled
with that of John Fraser of Newburgh, as Tutors and Curators of Alexr. Fraser of
Techmuirie.
439
Aberdeenshire Sheriff Court :
1637.
May 19. Rents. Mr. Robert Farquhar, burgess of Abd. v. Robert Forbes in Brigend and
other tenants of Meikill Durno. So far as can be gathered from this decree, the lands of
Ryhill had been disponed to the Pursuer by contract to which Sir Alexr. Gordoune of
Cluny, with consent of Sir John Leslie of Vardes, Elizabeth Gordoune his wife, Wm.
Leslie of Ryhill, Wm. Leslie his son, and Helen Gordoune, wife of Wm. Leslie, the
elder, were parties of the one part, and Mr. Farquhar the party of the other part. For
the farther security of Mr. Farquhar, Sir Alexr. Gordoune of Cluny granted an obligation,
dated at Old Abd., 4 Deer., 1635, by which he impignorated the rents of Meikill Durno
to Farquhar, in case Wm. Leslie did not remove from Ryhill and allow Farquhar to get
possession and draw the rents of these lands. This was how things eventually shaped
themselves and this decree against the tenants of Meikill Durno was the result.
24. Rent. Simon Fraser in Bandair, taxman of the lands under his mother Margaret
Gordoune, liferentrix of Midbeltie v. Andrew Fraser in Milbeltie. The rents of the
half Mains of Dunis-Beltie were the subject of this decree and the Lease to the Pursuer
was dated 3 July, 1629. Expenses ,£4.
June 6. Removing1. Thomas Cromby of Kemnay v. George Lundie in Glenheid and other
tenants. Sasine dated 28 July, 1624. Notary the late Thomas Forbes.
7. Removing;. John Udny of that Ilk v. John Milne at the Kirk of Udny occupier
of a croft of the Kirktoun. The tenant had on 6 December, 1636, signed a Renunciation
of the subjects, but had failed to remove.
Exhibition. John Gardyn, lawful son of James Gardyn of Blackfuird v. Mr.
Alexr. Davidsone, Advocat in Abd. and John Ingrahame in the Newseat of Tillie-
morgan. The Pursuer sought exhibition of (i) Contract, Charter and Sasine of the
sunny third plough of Reidhill granted to the late Thomas Ingrahame, father of the
principal defender, by the late Mr. James Cruikschank then called of Fischerfuird, and
(2) Lease for three years between the pursuer and Thomas Ingrahame. In proof of title
to the lands the Pursuer produced his Sasine dated 19 Septr., 1632. Notary John
Leslie. The Defender Davidsone produced the writs, but a procurator for Ingrahame
was allowed to lodge Defences against the crave for delivery. Decree of Delivery was
however pronounced on 16 June.
14. Removing. Gilbert Keyth of Auchmacher v. Wm. Tarves in Lochbankes and
George and Andrew Mitchell occupiers of the " Ruides and Landes " of Rattray. The
Pursuer claimed to be proprietor of " Lochbankes and Rattray with the Castell of
Rattray," &c., in the parish of Cremond and produced Sasine dated 6 June, 1632.
Notary Thomas Gordoune.
Removing. Elizabeth Keith, widow of Wm. Leask of that Ilk, and liferentrix of
the subjects v. George Hay in Auquharnie, occupier of Belliscamphie in the parish of
Slaines. Sasine dated 9 May, 1590. Notary Mr. John Robertsone.
Removing. Andrew Phynnie, Baillie of Piterheid v. Wm. Tarves in Lochbankes.
The Defender was ordained to remove from the lands of " Lochbankes and Brodland,
houssis, biggingis yeards toftes croftes liberties marresis [?] Ankis fischeingis," &c.
thereof in the parish of Cremond. Sasine dated I Deer., 1636. Notary Patrick Milne.
440
Decree Books : Vol. VI., Contents
1637-
June 14. Parochial Dues and Penalties. Wm. Keithe, " Box maister and Collector of the
commone guid of the Kirk of Skein" v. Arthur Forbes in Bodimfauld and others. [ Vide
Illustrative Examples infra.}
16. Removing. Alexr. Leask, second lawful son of the late Wm. Leask of that ilk v.
Andrew Cellar in Auchmaid, Edward Adamsone in Boigbrae and George Vatsone there.
Sasine dated 21 April, 1603. Notary the late Mr. Wm. Chalmer.
21. Removing. Sir Alexr. Irving of Drum, knight v. John Erskein alias McGregor,
Marjorie McHardie, his mother, and Ewane McGregor alias Erskein, his brother, all
occupiers of Richarchrie in Glengarne. Date of Sasine left blank.
1 6. Relief and Payment. Mr. Wm. Cowper, " Doctor of the Gramer School of
Abirdein " v. Nathaniel Leask, brother german of Wm. Leask of that ilk. The Pursuer
sued for £800, part of which the Defender had borrowed and for part of which the
Pursuer had become security to the Defender's creditors. On a reference to his oath
Leask admitted 1150 merks for which decree passed.
23. Removing. Alexr. Eraser in Newmilne of Ardglassie and Andrew Patersone in
Fraserburghe v. John Gaw, occupier of the " Shaddow pleuche lands of Corthies."
Sasine dated 20 Octr., 1633. Notary Mr. George Norrie.
Removing. John Gordoune, elder, of Hiltoune and John Gordoune, younger,
thereof, as liferenters and heritable proprietors v. John Smith in Todhillis in the parish
ofEllon. Sasine dated 29 April, 1628. Notary James Vynchesser.
Wrongous Intromission. Peats. Abraham Nicol in Clubbisgovel v. George
Mackie in Dilspro. The Defender was ordained to pay " four schillingis Scottis money
for ilk load of ane hundreth loads of peittis wrongouslie mellit & away taken be the said
defendar of the said persewar his peittis in his Moiss of Areburne betuixt Fastingis ewin
last bygain £ the terme of Witsonday last." Expenses 3O/-.
Supplement. Salmon Barrels. David Jaffray, burgess of Abd. v. Robert
Murray at the Kirk of Udny. The Sheriff depute interponcd his authority to a decree
of the Aberdeen Baillie Court for £20, being the price of " fyv salmond barrellis," the
reason given for the application to the Sheriff being that " the said defendar duellis
without the jurisdictione of the saids Bailzies Court."
28. Exhibition. Absolvitor. Elizabeth Keyth, widow of Wm. Leask of that ilk v.
John Hay, Bailzie, burgess of Abd. What was sought for was a lease granted by WTm.
Leask of that ilk to George Hay of Auquharnie, to whom Thomas Hay, the Defender's
son, was sub-tenant. The Defender denied on oath that he had it or had ever seen it.
July 5. Removing. Andrew Burnet, elder, " Thesaurer of the mortefiet moneyes mortefiet
to the New Colledge of the Burghe of Aberdein " v. Sir Wm. Keith of Ludquharne,
knight, and tenants of Ludquharne. Sasine dated 9 Deer., 1635. Notary John
Ingrahame.
Removing. Patrick Duyve, " Maister of the Gild brethrenes hospitall of the
Burghe of Aberdein " v. Sir Wm. Keith of Ludquharne, knight, and tenants of Lud-
quharne. Sasine dated 9 Deer., 1635. Notary John Ingrahame.
KKK 441
Aberdeenshire Sheriff Court:
1637-
July 5. Registration. " Capitane Robert Irving of Monboddo factor actor and pror.
speciallie constitut be Robert Gordoune eldest lawfull sone to umquhill Corporall John
Gordoune brother germane to umquhill James Gordoune and air seruit & retourit to the
said umquhill James Gordoune " v. Mr. Patrick Gordoune of Bracko as principal and
Andrew Burnet, elder, burgess of Abd., as cautioner. The Bond which was ordained to
be registered for execution at the Pursuer's instance was one for 500 merks, dated 7
Septr., 1633, granted by the Defenders to the Pursuer Irving and George Gordoune in
Cowie for behoof of James Gordoune, brother to the said George Gordoune and son to
the late John Gordoune in Enzcan. Among the witnesses was Mr. Alexr. Jaffray of
Kingisvalks.
Exhibition and Delivery. Alexr. Keith, Portioner of Duffes v. Thomas
Mortimer, Bailzie burgess of Abd., Mr. Alexr. Davidsone, his Grace Pror. Phiscall
there, and Andrew Fraser of Mid Eeltie, for his interest. By Contract of Sale dated
29 Novr., 1636, Fraser had sold Mid Beltie, Tillinechell, Bandair, and Cowcardie all
held of the Crown and also Stranduffe, Vindiehilles, and Craigtoune held of the Parson
of Kincardyne, to the Pursuer. Following up this Contract, Fraser along with Mortimer
and Mr. Patrick Dun, Doctor of Medicine in Abd., both of whom had rights of comprising
over the lands, granted a Disposition in favor of the Pursuer dated 16 June immediately
preceding. This Disposition was in the hands of the Defender Mr. Davidsone " former
thairof." In Mortimer's possession there were said to be (i) Charter of Confirmation
under the Great Seal of " Hendrie and Marie King and Queine of Scotes " dated 24
Febry., 1565 confirming a Charter granted by Robert Lewingstoune heritor of Vast-
quarter with consent of Alexander Lewingstoune his father of the lands of Cowcardie
" & peace of land called the Vaird of Cowcardie and wood of Orchindlay " in favor of
Thomas Fraser of Doores and Agnes Vischart his wife, which Charter contained a Con-
firmation by Robert Vatherspoone, Prebender of Kincardyn O Neil as superior of
Cowcardie, (2) Charter by the Duke of Chattelarant dated 4 Febry., 1560, confirming
Charter granted by the said Robert Lewingstoune as Tutor to the said Robert Lewing-
stoune his son, of the lands of Vastquarter in favor of the said Thomas Fraser and spouse
in warrandice of the lands of Cowcardie, (3) Sasine of Cowcardie dated 24 August,
1560, (4) Sasine of Vastquarter in the barony of Corss and Sheriffdome of Stirling dated
16 August, 1560, (5) Sasine of Cowcardie to Alexr. Lewingstoune in liferent and Robert
Lewingstoune in fee following upon a Charter granted in their favor by Mr. Robert
Hambiltoune, persone of Kincardyn O Neil and Robert Vatherspone his successor
with consent of William Bischop of Abd. "and the Chartour under the subscription
of Thomas Fraser Nottar " dated 18 Septr., 1559. There was no appearance for
Fraser, but the other Defenders appeared, produced the various writs called for and
consented to their being delivered to the Pursuer, which was there and then done, as
appears from Keith's signature at the close of the entry.
7. Rent, &c. John Forbes of Balnagask and Mr. James Forbes of Hauchtoun v.
John Gareoch in Badivin. Expenses 5o/-.
442
Decree Books : Vol. VI., Contents
1637.
July 12. Sundry Debts. Andrew Smith in Inveraloquhye v. (i) Wm. Gordoune of
Brodland ,£80 for victual bought in 1622 and £3 6/- of borrowed money. (2) John Scot
in Brodland £21 for victual and borrowed silver with 16 years interest. (3) Alexr.
Mitchell in Raltray £10 4/- for Malt. (4) James Smith in Rothnachie £10 for seid
crop 1635. (5) Meattie Fraser in Concraiges of Ardglassie 4O/- for meill. (6) Alexr.
Smith in Auchiries £12 6/8 for meill. (7) David Yuill in Techmuirie 28 merks for two
bolls of seid beare crop 1632 and (8) David Michie in Ardmukhorne £10 for a cow with
calff bought four years previously. Expenses against Gordoune i6/- against the others
6/8 each.
Removing. Andrew Gray, Appeirand of Schives, Factor and Chamerlane to
James Gray of Schives his father v. Robert Auld in Culakes in the barony of Schives
and Wm. Sanct in Newseat in the barony of Tarves. Sasine dated 29 Octr., 1614.
Notary James Birny.
14. Rent. Alexr. Gray, Bailzie in Piterheid v. John Davidsone in Auchlie. Andrew
Watsone in Auchlie had by Contract dated II July 1622 wadset the oxengait of land
occupied by Davidsone and rents thereof to the Pursuer for ^1000. The rent for crop
1636 not having been paid, was now decerned for with ,£3 of expenses.
21. Removing. Marjorie Hay as liferentrix of Brunthill in the parish of Cruden v.
James Gordoune in Litill Brunthill and Alexr. Pirie there. Sasine dated 4 May, 1609.
David Robertsone, Notary.
26. Removing'. Mr. Alexr. Jaffray, Provest of Abd. v. George Johnstounc, younger,
son of Sir George Johnstoune of Caskieben, knight. The lands of Muirtoune were the
subjects from which the Defender was ordained to remove. Sasine dated 25 and 26
January, 1636. Notary Alexr. Thomsone.
Loan. Elspet Troupt in Abd. v. Wm. Hoig in Ovirhall. Decree passed for 20
merks " borrovit monie with sax yeires annuelrent thairof according to the Actes of
Parliament." Expenses 3O/-.
Trespass by Cattle. Abstracted Multures, &c. James Mackie at the Milne
of Seatton v. Alexr. Tellie in Old Abd., Harie Kempt there and George Craig there.
Part of the crop referred to grew upon the Pursuer's occupation of Brigfeildis crop 1636.
21. Loan. Capitane Major Thomas Hay, formerly Chamberlane to the Lord Hay v.
Robert Duiguid in Hardslaiks. The Defender had borrowed 50 merks from the Pursuer,
repayable at Whitsunday, 1624.
28. Loan, &C. Thomas Andersone in Auchballa v. James Harper in Marievell.
Decree passed for 20 merks borrowed silver and ,£15 for bear purchased with 4O/- of
expenses.
Abstracted Multures. George Mathewsone at the Milne of Bourtie v. James
Johnstoun in Gowner and Arthur Milne in Chapelhous of Meldrum.
443
Aberdeenshire Sheriff Court :
1637-
July 28. Cows. George Gordoune of Nathermuire v. James Guthrie in Auld Abd. Decree
for 20 merks, being the " pryce of tuo kye coft and resavit."
Agreement to take Lease. Absolvitor. Gilbert Meingzies of Pettfoddeles -v.
Wm. Troupt in Spittell and Robert Knowes in Murthill. The pursuer stated that when
he was suing before the Sheriff of Kincardine an action against Knowes to have him
removed from Milne of Crynauche, he stopped proceedings on an undertaking by the
Defenders to pay past due rent and to take a three years' lease of the Milne. They
denied this bargain on a reference to their oaths, and were assoilzied.
Transferring. Isobel Douglas, widow and executrix confirmed to Alexr. Donald-
sone, burgess of Abd. v. George Gardyn in Hopishill as principal and John Forbes in
Rora as cautioner, under a Bond to the deceased for ^87. This Bond, which was dated
29 May, 1635, and registered in the Sheriff Court Books, was ordained to be transferred
active in the person of the Pursuer.
29. Registration. James Bisset, lawful son and heir of the late Wm. Bisset in Drum-
quhreny v. Alexr. Wicht in Littill Finnersie and Wm. Wicht, his son. A Bond for 100
merks dated at Kincardyne O'Neill, 9 January, 1630, granted by the Defenders to the
Pursuer's father, was ordained to be registered for execution at the instance of the
Pursuer, whose service dated 17 May, 1637, was produced.
A Cow and a Stirk. Mr. Wm. Lumsden, Advocat in Abd. v. Thomas Sangster
in Raineshill. The Pursuer got decree for £20, being the price of " ane kow and ane
stirk " sold to the Defender. Expenses 26/8.
Removing. Alexr. Udnye of Auchterellone v. Gilbert Johnstoune in New Leslie,
Mr. James Douglas, Minister there, and a number of other tenants of New Leslie,
Chrysteskirk, Templand, Edderleit, Rothmurrell and others situated in the parishes of
New Leslie and Kinethmont. Sasine dated 10 May, 1637. Notary John Ingrahame.
Failure to Reside on Farm. Charles Dun, Litster, burgess of Abd. and Thomas
Johnstoune of Craige [of Dyce] v. Alexr. Byres in Corstaine. The Pursuers alleged
that the Defender had entered into a verbal lease of Boginjose for 3 years from Whit-
sunday 1637, on the conditions specified in the entry, one of these being that he should
make his actual residence on the possession. In case of failure Byres was to pay ;£ioo
over and above the rent, &c. The Pursuers referred their case to the Defender's oath,
but he failed to appear and was held as confessed. Expenses £3.
Failure to Reside on Farm. Penalty. Deterioration of Buildings. Mr.
Matthew Lumsden, Bailzie, burgess of Abd. v. Wm. Smyth in Gilcomstoune and
Thomas Smyth, his son. By lease dated 5 Novr., 1630, Wm. Smyth for himself and
taking burden for his wife Isobel Cowper and his son Thomas, became the tenants of
Ruddriestoun for five years from Whitsunday 1631. They were bound by the lease " to
duell upone the said roume and mak actuall residence thair " under failzie or penalty of
,£ico. There was a farther obligation to leave the buildings in " als guid estait " at
removing as at entry. Failure in both respects was charged and decree passed, but not
for the full sums claimed.
444
Decree Books : Vol. VI. t Contents
1637-
Aug. 16. Money Debt. Duncan Forbes in Bithnie v. James Wilson in Drymminnoir. The
Pursuer sued for 130 merks, which in 1634 the Defender promised to pay to him at the
direction of the " Richt Honorabill " Alexander Maister of Forbes. Decree passed for
100 merks with ^5 of expenses.
Sept. 13. Reliefer Payment. Wm. Erskein, burgess of Abd. v. John Forbes in the Chep-
pellan Chamberis of Old Abd. The Pursuer was Cautioner for Wm. Seton of Disblair
in a Bond in favor of Alexr. Keyth, Portioner of Duffes. His allegation was that the
Defender had undertaken to relieve him but had failed to do so. The Defender's oath
was taken and his deposition is recorded in the decree.
27. Cautionary Obligation. Catherine Lichtoun, daughter and heir of John Lich-
toun, Skipper, burgess of Abd. and Andrew Burnett, elder, burgess of Abd., her
husband v. James Leslie of Auquhorthies, as cautioner for John Leslie, fiar of Petcappill,
in a Bond for 200 merks dated 8 June, 1631, and registered in the Books of Council and
Session 21 March, 1636. The date of the Service of the Pursuer as heir to her father
was 9 May, 1637.
Octr. 4. Rent. John Rac, burgess of Abd. v. Alexr. Tellie in Old Abd., who had occupied
a rig of land on the West side of " the Citie of Old Abd." crop 1636 and 1637. Expenses
30/-.
Novr. 15. Guarantee. Alexr. Burnet of Clunie ». Wm. Hay and Paul Colleisone burgesses
of Abd. as guarantors for James Mowat youngest lawful son of the late James Mowat of
Ardo. The amount was £60. Expenses 4O/-.
17. Spuilzie. Sir Robert Innes of that Ilk, knight baronet v. James Schand in
Latheres, John Rhind, Messenger in Monelie, John Sinclair at Boynismilne, Alexr.
Schand in Crichie, Wm. Schand in Littertie, and Arthur Davidsone at the Valk Milne
of Plaiding. This was a decree for the restoration or payment of a number of cattle,
horses, and sheep taken from the lands of Dradlen in the barony of Auquhorsk in
August, 1633.
22. Oxen. Helen Keith, lawful daughter of Wm. Keith in Eslie v. Alexr. Blackball
in Ruschheid. The Defender was ordained to pay 52 merks for two oxen bought in
1621 with interest from Whitsunday in that year and 4O/- of expenses.
Horses. Rents, &c. John Gordoune of Blelack v. (i) James Middiltoune in
Keandor £16 as the price of a horse and mare. (2) Allaster Petrie in Ardgiche 10
merks for his occupation of Eist toune of Tilloskeuthe in 1635. (3) Alexr, Garrow in
Rippachie 20 merks for his occupation thereof in 1633 and 1634 and 20 merks paid out
on his account and (4) Peter Forbes in Large 46 merks for his occupation thereof in
1633 and 1634 with io/- each of expenses.
Delivery of a Bond. James Leslie of Tilliekirie, lawful so'n of George Leslie ol
Kincragie v. John Leslie, younger, of Pittcappell. This was a decree for delivery of a
Bond for 200 merks or alternatively of a sufficient Discharge, the Bond having been
settled by setting off certain debts of the Defender against it. Expenses 4O/-.
445
Aberdeenshire Sheriff Court :
1637-
Novr. 22. Merchandise. House Rent, &c. Leonard Leslie, burgess of Abd. v. Robert
Far<[uharsone in Incheinarno and Jean Forbes, his wife. The Defenders occupied the
Pursuer's " Ouir ludging in the Neither Kirk Gaitt fra Witsonday 1635 t° Witsonday
1636" and bought certain merchandise, the whole amounting to ,£38 19/4. Expenses
4 merks.
29. Victual and Rent. Patrick Ross, Chamberlane and Factor to Robert Irving of
Feddret v, (i) Andrew Smith in Artamfurd £6, (2) Andrew Cruikschank in Irnesyde
£5> (3) George Davidsone in (^uhythill £,£>, all for victual purchased by them, (4)
Patrick Clerk in Claymyres £16, balance of rent crop 1635 and (5) Andrew Smith in
Affleck £3, balance of rent crop 1634. Expenses 2O/- each.
Rent. Caution to Pay, Plenish or Remove. Alexr. Burnet, burgess of Abd.,
proprietor of Auchlie in Peterculter v. John Leith in Auchlie, brother german of Patrick
Leith of Quhythauche. The Defender had taken a ten years' lease of Auchlie from
Whitsunday, 1635, at a yearly rent of 100 merks, payable at Martinmas following the
crop. No rent had been paid nor was the holding sufficiently stocked. The Defender
was ordained to sufficiently plenish the farm and to find caution for arrears of rent and
future rent or to remove.
Deer. 2. Bear. Alexr. Farquhar, Merchand, burgess of Abd. v. Wm. Hoig, Maltman,
burgess there. This action was for recovery of the price of 38 bolls of bear sold at the
price of £8 per boll. Expenses 4O/-.
6. Rents of Escheated Estate. Robert Irving of Feddret, Donator to the gift of
" escheit and lyvrent " of Mr. Alexr. Irving of Hiltoune and Robert Irving, burgess of
Abd. v. Patrick Thomsone in Litill Perveinneis and David Greig there. The escheit
had apparently been first gifted to Dr. James Chalmer (whose designation is not given
in this decree) and by him assigned to the Pursuer. The dates of the Gift, Assignation
and Decree of Declarator were respectively 8 January, 19 February and 17 June, 1630.
8. Removing. Absolvitor. Margaret Hay, widow of George Crafurd of Annochie
and Mr. Robert Gardyne, her husband v. Alexr. Straquhane, elder, of Glenkindie,
Alexr. Straquhanc, younger, of Glenkindie, and others, tenants of the Maynes and
Maner place of Annochie. The Defender, Alexr. Straquhane, the elder, produced a
heritable title made up thus : (i) Apprising of the lands against the deceased George
Crafurd, at the instance of George Crafurd, his son, dated 15 May, 1624, with assigna-
tion thereon in favor of Alexr. Straquhane, the elder, (2) Ratification of the said
Assignation and Disposition dated 21 February, 1625, (3) Charter by Alexr. Irving of
Drum, the Superior, dated 5 June, 1626 and (4) Sasine following thereon dated 29 June,
1626. Notary Thomas Clerk.
13. Accounts for Meal. Robert Irving of Moncoffer v. his debtors (upwards of 20)
for meal sold. Expenses io/- each.
20. Removing. Margaret Hay, widow of George Crafurd of Annochie and Mr.
Robert Gardyne, her husband v. Alexr. Keith of Balmuir and another. The Pursuer
was liferentrix of Quhy thill of Feddret, her Sasine being dated 22 Deer., 1626. Notary
David Robertsone.
446
Decree Books: Vol. VL, Contents
1637-
Deer. 20. Rent. Patrick Urquhart of Lethintie v. John Abircrombie at the Milne of Fin-
gesk, James Clerk in Fingesk, John Thomsone in Lethintie, Robert Crombie at the
Milne of Lethintie, Gilbert Milne in Saphack and others. The amounts due were said
to have been fixed by an Act of the Pursuer's "awin Court " and the Defenders' "awin
confessiones eftir compt and reckning." The Act of court, dated 23 May, 1637, was
produced.
1638.
Jany. 9. Alleged Debt. Absolvitor. George Stewin, Baxter in Abd. v. Wm. Leslie of
Warthill. The Pursuer sued for 10 bolls " guid and sufficient aitt meill of the cropt
im vie and auchtein and im vie and sewintein yeires or aither of them, alleging that he
was entitled thereto as grandson of Andrew Tilliedaff of Raniestoune, who at one time
seemed to have had rights over Warthill, Curtestoune and others. The Defender " be
his gryt aith denyit the haill contentes of the said persewares lybellit summondes."
24. Rent. Mr. Alexr. Ross, "ane of the Ordinar Ministeres" in Abd. v. (i) Andrew
Auquhaith, Fermorer in Abd., for a boll of malt each of the years 1634, 1635 and 1636
for the occupation of part of the " Gleib in Feittie " and (2) Thomas Blenschell,
Fermorer there, 6 firlots beir for his occupation there, crop 1634. Expenses 3O/- each.
Feby. 2. Tobacco, Alexr. Farquhar, burgess of Abd. v. Wm. Ramsey in Drumquhendill.
Decree passed inter alia for £j 4/- for tobacco " coft and resauit." Expenses 2O/-.
Jany. 31. Debt. Ticket. Mr. Robert Farquhar of Mownie, Bailzie, burgess of Abd. v.
(Out of John Gordoune of Scheiwes. A Ticket dated 24 Novr., 1635, for 20 merks was founded
date.) on.
Feby. 16. Removing. Andrew, Lord Fraser v. Thomas Greig, occupier of 12 bolls sowing
of Cairnebulge and Michaell Greig, occupier of 6 bolls sowing there. Sasine dated 18
May, 1637. Notary Mr. Patrick Chalmer, Sheriff Clerk of Abd.
23. Sundry Debts. George Bruce, Saidler, burgess of Abd. v. Thomas Robertsone
in Auchterellon and a number of others. The claims were chiefly for grain, but repay-
ment of a loan of " halff ane dolor at tuantie nyn shillingis " was sought from one of the
debtors.
Rent. Margaret Hay widow of George Crafurd of Annochie and Mr. Robert
Gardyne, her husbands. Alexr. Keith of Balmuir. The rents of Whythill, Aquhathe
and Brounehill were decerned for. The widow had the liferent of these lands in special
warranty of the liferent of the lands of Annochie, which had passed to Straquhane of
Glenkindie, as described in a previous decree \vide supra p. 446], which was produced
in this case.
28. Supplement. Rent. Dame Anna Drummond, Lady Fraser v. Thomas Norvall
at the Milne of Wattertoune. The authority of the Court was interponed to an Act of
Court of the Barony of Wattertoune dated 18 Octr., 1637.
447
Aberdeenshire Sheriff Court:
1638.
Feby. 28. Medicine. John Barclay, Apothecar in Abd. v. Patrick Black, Saidler, burgess of
Abd. The Pursuer sued for 3O/- for medicine " usit to the said defender his bairne at
his desyre." In this case the Pursuer referred his case to the Defender's oath and the
latter attended in obedience to citation, but refused to depone.
Rent. Absolvitor. Robert Buchane in Portlelhin v. Andrew Reny in Kinenetie.
The Pursuer, as heritable proprietor of the subjects, claimed from the Defender the rent
crop 1631 of Milne of Portlethin called Philipis Milne, described as being in the barony
of Portlethin and Sheriffdom of Abd. It would appear from the Sheriff depute's findings
that the libel had been found relevant and a proof allowed by Mr. James Irving, the
then Sheriff depute, so far back as 15 February, 1633. The Pursuer was now found to
have " failziet and succumbit " in proving his case and the Defender was assoilzied.
March 2 Removing;. Mr. Robert Petrie, Wreittar in Edinburghe v. the tenants of Arnage
and James Chein of Arnage. Sasine dated March 1635. Notary John Ingrahame.
Registration. Alexr. Downie in Lawellsyde, eldest lawful son and heir of
Marjorie Meldrum, his mother, who had been sometime wife of Gilbert Bangzie or
Badzenoche who was the father of Elspet Bangzie wife of James Black, burgess of Inver-
rourie v, the said James Black and Elspet Bangzie. The Bond which was ordained to be
registered for execution at the instance of the Pursuer was one for 400 merks granted by
the Defenders in favor of the Pursuer's mother, dated II Deer., 1637.
9. Gift for Good Offices in connection with a Marriage. Gilbert Meingzies of
Peltfoddells, as assignee of Robert Keith in Leyludge v. Robert Johnestoune lawful son
of the late Robert Johnestoune in Corshill. The sum sued for was 100 rnerks, which
the Defender had promised to Robert Keith " of guidveill and favor he haveing married
the said Robert Keith his sister." The promise was never reduced to writing but a
written Assignation of the claim had been granted to the Pursuer.
Letters of Caption. Liability of Cautioners. Alexr. Gray in Pitterheid v.
James Ord in Scottismilne and Win. Hamptoune in Clerkhill. Following up a former
Decree against James Bruce at Scottismilne, the Pursuer was about to proceed to incar-
cerate him under Letters of Caption, taken out in the Supreme Court in Novr., 1637,
when the Defenders who were friends of Bruce promised faithfully to the Pursuer " be
thair aithes and giveing of thair hands to him " that they would either pay the debt or
enter the debtor in the Tolbooth of Abd., within 20 days. They did neither, hence
this decree. The Defenders had an opportunity of denying their promise on oath but
did not avail themselves of it. Expenses £4.
Bonds of Thirlage. Alexr. Farquharsone, eldest lawful son of Robert Farquhar-
sone of Fingzeane, heritable proprietor of Milne of Clinter v. Robert Gardyne of
Tilliefroskie, David Farquharsone of Balfedie and Alexr. Gradane of Quhytstaine. The
Pursuer as assignee of Sir Alexr. Gordoune of Clunie was in right of three Bonds of
Thirlage, whereby the Defenders and their tenants were bound to grind their corn at
Milne of Clinter, and pay the 2oth peck therefor.
448
Decree Books: Vol. VI*, Contents
1638.
Mar. 14. Plenishing Farm or Removing. Dame Anna Drummond, Ladie Fraser v.
Thomas Norvall at Milne of Wattertoune. [Supra p. 447.] The tenant was ordained to
sufficiently stock his possession or to remove.
16. Bear. Alcxr. Burnet, elder, burgess of Abd. v. Elspet Hay and Wm. Hog, elder,
Maltman, burgess of Abd., for his interest. The narrative bears that the Pursuer had
in April, 1637, " ane great quantitie of victuall at the schoir to sell," which was being
sold at £g per boll payable at Whitsunday or 14 merks per boll payable at Lammas.
The female Defender, " shoe being in use " [to transact] " in talibus," and her husband
for his interest were ordained to pay for 8 bolls bear at ^9 per boll.
Spuilzie of a Minister's Poultry Yard. Mr. Alcxr. Gordoune, Minister at
Glenmuck v. John Smith in Torsinsellie.
Rent. Marjorie Knowis, widow of John Irving of Kincowsie v. Alexr. Thome in
Knokquharne. The Defender had occupied part of the Pursuer's lands of Monecht.
Forthcoming1. Mr. Alexr. Scrogie, Doctor of Divinitie, Minister at Sanct
Machers Kirk in Auld Abd. v. Andrew and George Summeres in Disblair and Wm.
Setoune, elder of Disblair, Isobel Sctoune, his wife, and Wm. Setoune, their son, for
their interest. The Setounes had in December, 1632, borrowed £120 from the Pursuer.
The Bond was recorded in the Commissary Court Books on u Novr., 1633. There-
after on a Precept of Poinding containing warrant to arrest issued from the Commissary
Court, an arrestment of the rents due by the Summers to the Setounes for crop 1633 'iacl
been laid on by John Kilgour, younger, " ane of the ordinar officeres of the Diocie of
Abirdein," on 25 Novr., 1633.
Supplement. Rent. Doctor Alexr. Scrogie v. Robert Jois in Lairshill. The
Defender had been ordained in a Court of the Lands held on 7 July, 1637, to pay to the
Pursuer as heritable proprietor the rent of his holding for crop 1636.
21. Debt. Ticket of Agreement. Patrick Reid, sometime in Cornabo, then in
Meikill Abercatie v. Adam Leyth, portioner of Auchnagathell. As a settlement of " all
byruns" the Defender, by Ticket of Agreement dated 17 August, 1633, bound himself
to pay to the Pursuer £^oo by instalments, the last of which had fallen due on I Novr.,
1637, but nothing had been paid. Expenses ^3.
Forthcoming. Feuduties of Bishoprick of Aberdeen. John Forbes of Corss,
Doctor of Divinitie, executor testamentar nominal and confirmit to ane umquhill
reverend father in God Patrick Bischop of Abirdein styllit Patrick Forbes of Corss v.
Andrew Howie in Auld Rain, Patrick Leith there, Wm. Meany there, Henry Clerk
there, Alexr. Abircrombie there and Michaell Sangster at the Milne of Auld Rain. The
narrative bore that the Bishop died in March, 1635, and that the feuduties due to him
as superior of Auld and New Rain at the time of his death, including those falling due
at Whitsunday, 1635, now fell to be paid to his Executor. In fortification of the claim
for the feuduties of New Rain there was produced a Decree of the Court of Session
dated 19 July, 1637, at the instance of the Pursuer against Janet Gordoune, widow of
John Leith of Harthill and wife of Adam Abircrombie, and an arrestment in the hands
of the Defenders following thereon.
LLL 449
Aberdeenshire Sheriff Court :
1638.
Mar. 21. Not entering to Ward. Liability of Cautioner. Wm. Hay in Netherhill of
Essies v. John Hay of Cremmonmogat. George Johnestoune, elder, burgess, had in
1625 become indebted in the sum of 300 merks to the late Gilbert Cock in Mintlaw.
To this debt and a Decree of the Commissary Court against Johnestoune, the Pursuer
had acquired right by Assignation granted in his favor by Cock's children and executors.
Having proceeded to imprison the debtor, the Defender John Hay intervened for his
release, undertaking either to re-enter the debtor on ward or pay the debt. By this
decree he was ordained to pay the debt with interest since Whitsunday 1625 and £4. of
expenses.
Rent. Mr. George Gardyne, Persone of Clatt, as assignee of the late Mr. James
Cruikschank of Tillimorgen v. Thomas Ingrahame in Newseat of Tillimorgen and
Symond Galloway in Fischerfuird. The Pursuer produced an Assignation dated 4
Septr., 1634, to the rents of 1634 and 1635. Expenses .£4.
28. Rent. Andrew, Lord Fraser v. John Forbes in Ruischhill [or Rinschhill]. An
Act of Court of the barony of Muchell and Stainiewood dated 21 April, 1637 was
produced.
Exhibition of Writs. Robert Irving of Fedderet, as in right of the escheit and
liferent of Mr. Alexr. Irving of Hiltoune v. Mr. Robert Farquhar, burgess of Abd. and
Mr. Wm. Gordoune Doctor of Medicine and Mr. John Lundie, common prors. of the
Kinges Colledge of Abirdein, for their interest. The writs which Mr. Robert Farquhar
the principal Defender was called upon to produce were (i) " Ane Tak of the Teind
Sheawes of the landes of Lochhills Clubisgavell Areburne and pairtinentes thairof lyand
within the parochen of St Machar Dioce and Shreffdome of Abirdein set be the Principall
of the Kinges Colledge of Auld Abirdein Maisters and Members therof with consent of
the Bischope and Chapter of the Cathedrale Kirk of Abirdein, to umquhill Robt Mutray
sumtyme of Lochhills duiring his lyfetyme and for ane lang spaice therefter " [date
blank]. (2) " Ane Tak and Assedatione of the Teinds of the landes of Littellgavle and
pairtinentes lyand as said is perteining now heretably to the said Mr. Alexr. set be the
Principall of the said Colledge Maisters and Members therof with consent abovwreittin
to Alexr." [? John] " Gordone sumtyme heretable proprietar of the forsaids lands for all
the days of his lyfetyme and for ane lane spaice thairefter " [date blank]. The title of
the Pursuer was by Assignation from Doctor James Chalmer " ane of his Ma/ ordinar
physiciancs," who had the gift of Mr. Alexr. Irving's escheit. The lease first named
was assigned by Thomas Mowtray son and heir of Robert Mowtray to the late George
Marquis of Huntly, and the lease second named was assigned by Thomas Gordone,
son and heir of John Gordone also to the Marquis of Huntly, who assigned both leases
to Mr. Alexr. Irving. The decree does not state how Mr. Farquhar came to be in
possession of the leases.
Forthcoming. Alexr. Cheyne of Rainestoune v. Mr. Thomas Gray, Bailzie,
burgess of Abd. and Patrick Meldrum of Iden for his interest. By Bond dated 4 Jany.,
1628, Patrick Meldrum, therein styled Fiar of Iden, James Cheyne of Arnadge and Wm.
Seattoune of Schethine became bound to pay to Alexr. Meingzies, second lawful son of
Thomas Meingzies of Balgownie the sum of 1000 merks of principal and 300 merks of
penalty. This Bond was assigned to the Pursuer by Assignation, dated 24 Deer., 1634.
No interest appeared to have been paid since Whitsunday 1632, and the decree against
Gray, in whose hands arrestments had been used was for 5000 merks.
45°
Decree Books: Vol. VL, Contents
1638.
Mar. 30. Cautionary Obligation. Relief. Thomas Urquhart, sometime in Chappelanet,
then in Lambhill v. James Schand in Auchry and Patrick Stewart in Dorleithers. The
Pursuer had along with John Urquhart of Lathers and Win. Gordone of Ariedoull and
John Urquhart in Glasley been a cautioner for the Defenders in a Bond for 2000 merits
in favor of Mr. Robert Udny of Lamintoune, of which he had paid ^100 to the creditor.
For this sum he now obtained decree. Expenses 4O/-.
Rent. Robert Irving of Fedderet v. Robert Cheyne in Auld Gavell. This was
another action sued by Irving as in right of the escheit of Mr. Alexr. Irving of Hiltoune.
The rent of Areburne was claimed.
April 4. Removing1. Sir Alexr. Gordone of Cluny, knight baronet v. The tenants of Ard-
oyne. Sasine dated 18 April, 1630. Notary the late John Chalmer. The names of the
different holdings and crofts are given with unusual fulness.
Seed Corn. George Patersone at the Mylne of Dyce v. Abraham Nicoll in
Clubisgowell, David Bartlet in Areburne, David Nicoll in Lochhilles, James Smith in
Littill Gowell and James Drum in Auld Gowell,
Wool. Archibald Baxter, burgess of Abd. v. Robert Walker at the Milne of Air.
Decree for £16, being the balance of the price of wool which the Pursuer had paid to
James Cruikschank, burgess of Abd., at the Defender's request, and on his behalf.
Expenses 4O/-.
Loan. Alexr. Lumsden, son and heir and executor of Mr. Robert Lumsden of
Auchinleck v. Alexr. Gordoune of Carneburro. The Defender was ordained to pay
2000 merks contained in a Bond to the Pursuer's father, dated 22 Novr., 1631, with
interest from Martinmas, 1636.
Spuilzie. Alexr. Shelbie [or Shewie] in Abd. v. Alexr. Leith, sometime of
Counteswalls, then burgess of Abd. The claim here was (i) for two cows and their
followers taken from Gairdyne in Peterculter in January, 1635, together with excrescent
profits, (2) for 5 bolls of bear with the fodder crop 1634, taken from Fogiebruntland of
Counteswalls in August, 1634. Besides other excrescent profits the milk of each cow
was by the Pursuer estimated at one quart daily at 2/- per pint ; but in the decerniture
the value of the milk was slumped with other things. The value of one of the cows
with her calf was fixed at 16 merks, while for the other cow 10 merks was ordained to
be paid. Expenses 4O/-.
Meal and Bear. Mr. Wm. Setoune of Raniestoune v. Hew Gordoune in Tarves.
The Defender had purchased from the Pursuer in July, 1637, some Meal and Bear pay-
able at Michaelmas, but had not paid. Expenses 4O/-.
Forthcoming. George Stewart, burgess of Abd. v. Alexr. Birnie, John Grige
and George Grige, all in Fraserburgh, and John Birnie, burgess of Abd. John Birnie
was due £85 6/8 to the Pursuer, who had used arrestments in the hands of the other
Defenders.
451
Aberdeenshire Sheriff Court:
1638.
April 4. Forthcoming. Absolvitor. John Forbes of Balnagask and Mr. James Forbes
of Hauchtoune v. Wm. Merser in Meikill Endowye and John Gareoche in Badevin for
his interest. The Pursuers failed to prove that anything had been arrested in Merser's
hands.
II. Exhibition of Lease. Sir Alexr. Gordoune of Clunie, knight baronet v. Wm.
Johnstoune, burgess of Inverrourie. A five years' lease of two roods in Inverrourie was
ordered to be produced.
25. Dyer's Account. Patrick Jack, elder, Litster, burgess of Abd. v. John Gordoune
of Artlauch. The sum of £20 18/8 due by the Defender's late father was decerned for
with 4O/- of expenses.
Verbal Guarantee. Absolvitor. Mr. Wm. Setoune of Raniestoune v. Patrick
Urquhart of Lelhintie and Thomas Urquhart in Lambhill. John Thomsone, sometime
in Lethintie, having bought from the Pursuer oats and bear to the value of 132 merks
1 1/8 and having failed to pay, was threatened with poinding. Out of respect to the
laird of Lethintie, the Pursuer (as he alleged) held his hand, until he should have spoken
with him. When they did meet, he averred that Patrick Urquhart promised to stand
good for the debt and that the other Defender undertook to be cautioner for him. On
a reference to the Defenders' oaths, they deponed that there was attached to the promise
a condition which had not been fulfilled.
May 16. Verbal Guarantee. Helen Liddell, widow of Walter Angous, burgess of Abd.
•v. Alexr. Gordoune of Birsmoir. The Defender had guaranteed to the Pursuer the rent
due by Alexr. Tellie in Auld Abd. for a rig of land on the east side of Auld Abd. crop
1637. Expenses 3O/-.
23. Removing. Mr. Robert Bisset of Lessindrum v. George Cruikschank in Begishill
in the parish of Drumblait. Sasine of the Superiority of the lands dated 26 March,
1633. Notary John Spens. Instrument of Resignation ad Remanentiam of the Pro-
perty of the lands dated 13 April, 1633. Notary John Spens.
Removing. Robert Gairdyne of Tilliefroskie and Boigheides v. Gilbert Gairdyne,
his eldest son, who was in occupation of the middle half of Tilliefroskie in the parish of
Birss. Sasine dated 4 Septr., 1620. Notary the late Thomas Forbes.
June I. Removing. Thomas Body in Pitterheid V. Thomas Murray and Alexr. Murray
in Carneurquheis in the Parish of Auld Deir. Sasine dated 18 Septr., 1637. Patrick
Milne, Notary.
May 26. Registration. Agnes Mowat, daughter and executrix of James Mowat in Dowaltie
(Out of and James Ross in Quhobbes, her husband v. Alexr. Gairdyne sometime of Banchorie,
date.) then in Auld Abd. The Defender had by bond dated 6 Novr., 1616 bound himself as
cautioner for George Merser " ane of the Commissar Clerks of Auld Abirdein " for a
loan of loo merks from the deceased James Mowat. This Bond was now ordained to
be registered for execution at the instance of the Pursuer. According to the terms of
the Obligation the loan was to be repaid on 10 Nov., 1616, within the dwelling-house
of Mr. Gilbert Ross in Abd.
452
Decree Books: Vol. VI., Contents
1638.
June i. Supplement. Cutting Green Wood. Burning Peats, &c. Alexr. Irving of
Lenturk v. John Findlaw in Waster Beltie and others. Acts of the Court of the lands
of Waster Beltie, Sundaywalls and Torphines were founded on. The reason for applying
to the Sheriff Court was that the officer of the ground, being one of the defenders, would
not put the Acts of Court of the lands to execution.
6. Registration. Settling of Marches. Mr. Robert Farquhar, Bailzie, burgess
of Abd., heritable proprietor of Mownye, Pitmone, New Craige and Petblaine v. James
Elphinstoune, son and heir of John Elphinstoune of Warthill and his Tutors and
Curators. The writ, which was ordained to be registered was titled " Ane Appointment
of the dait the tuentie ane day of Agust 1624 yeiris past betuixt umqle Johne Urquhart
of Craigfintrey on the ane pairt and umqle Mr. James Elphinstoune of Bairnes Tutor to
James Elphinstoune lawful son to the said Johne Elphinstoune on the ulher pairt anent
the sattling of the merches of the saides landes and all controversie that mey aryse
therefter." The deed was dated " At the mose callit the Guschet Mose betuixt Auld
Craige Warthill Pittmone Petblaine and New Craige." The witnesses were John Leslie
of Pitcappell, James Elphinstoune of Glack, Wm. Leslie of Litill Warthill and Mr.
Robert Elphinstoune of [?] Kinbo or Lembo.
Registration. The said Mr. Robert Farquhar •;>, John Leslie of Pitcappell, styled
here heritable proprietor of the Kirk lands of Dawiot and lands of Auld Craige. The
Contract here too was for settling marches and was dated at Mownye 14 August, 1624.
Relief. Thomas Wastland in Bantuith and other tenants there v. Mr. Wm. Burnet
of Carneday. After paying their rents to Mr. Burnet these tenants were sued by
Elizabeth Seatone, widow of Wm. Gordone of Aberzeldie, liferentrix of three chalders
and ten bolls of victual out of the lands. They now sued for relief. The crop in
question was crop 1633.
13. Liquidation and Payment. Wastland and others v. Burnet {vide preceding
entry]. This decree followed naturally upon the Decree of Relief.
15. Removing. John Keith, heritable proprietor of Coldhome in the Parish of Migvie
v. Alexr. Forbes there. Sasine dated 26 June, 1637. Notary Alexr. Dunne.
Loan. James Bisset, son and heir of Wm. Bisset in Drumquhrenny and James
Blackball in Ley his Curator v. Alexr. Gordoune in Abirzeldie and Thomas Vastland in
Bantuith. This decree was for enforcing payment of 600 merks with interest and penalty
contained in a Bond of date 2 June, 1626 granted by Gordoune as principal and by
Vastland and the deceased Wm. Chrystie in Newmuir of Midmar as cautioners, in favour
of the Pursuer's father.
20. Forthcoming. Robert Irving of Feddret v. John Ronaldsone, Mailman, burgess
of Abd., and Helen Liddell, widow of John Straquhane, Skipper, burgess of Abd., for
her interest. Mrs. Straquhane had on 17 March, 1632, granted a Bond to the Pursuer
for ;£8oo. The Defender Ronaldsone admitted that at the time of the arrestment he
was indebted to Mrs. Straquhane in the sum of 200 merks payable at Martinmas next,
for which decree passed in terms of his deposition .
453
Aberdeenshire Sheriff Court:
1638.
June 20. Supplement. Rent. Mr. Hew Irving in [? of] Beiltsyde v. Andrew Irving there.
The Pursuer had obtained decree in a Court of the lands of Beiltsyde held by his " awin
Baillie " on 29 Seplr., 1637, for a certain sum of rent and arrears of rent.
27. Removing'. John Keith, heritable proprietor of Waster Migvie v. Mr. John Reid,
Minister at Migvie and Tarland, occupier of a quarter of the lands of Waster Migvie,
Wm. Reid in Migvie, occupier of another quarter, Robert and Wm. Forbes there,
occupiers of another quarter, and Wm. Meassone there, occupier of the remaining
quarter. Sasine dated 26 June, 1637. Notary Alexr. Dunne. The procurator, who
appeared for the Pursuer, was Mr. George Andersone.
July 4. Peats and Pease. Elspet Andersone, widow of George Scott, burgess of Abd.
v. Abraham Nicoll in Scottistoune. The decerniture was for " fourtie pennies monei
for ilk lead of sevin scoir leddes of peittes " and " sextein shillingis monie for ilk peck of
four peckes of peace coft and receauit. "
Removing. John Forbes in Bandley, heritable proprietor of Dorsell z-. Wm.
Greine in Dorsell. Sasine dated 27 Octr., 1630. Notary Wm. Simsone.
Removing. John Udnie of that ilk, heritable proprietor of the lands and "Barronie
of Balhelvies" v. George Gairdyne in Ilopishill. Sasine dated 20 May, 1628. Notary
John Ingrahame.
6. Removing. John Seatoune of Auquhortheis, heritable proprietor of the half lands
of Collihill in the parish of Bourtie •::. Thomas Hill in Milne of Collihill. Sasine dated
14 Deer., 1627. Notary the late James Birnie.
11. Rent. Mr. Alexr. Farquhar of Auchintoull v. Thomas Shreff in Brigende. A
year's rent of Langhauche crop and year 1637, amounting to 100 merks of silver duty, a
wedder at ^3 and a dozen poultry at 4O/- was sued for. The Pursuer founded upon an
Assignation of rents by Alexr. Forbes of Auchintoull, but the Defender pleaded that in
" beir seid tyme 1637 yeires he delyvrit to the said Alexr Forbes cedent audit bolls
bear and the said Alexr acceptit the samen for the said soume of ane hundreth merks at
sick pryce for ilk boll of the said bear as George Gareoche of Litill Endowie gait for the
bear he sauld at that tyme," which was ^10 per boll, equal to .£80, besides the wedder
and fowls which he had also delivered. The Sheriff depute sustained the relevancy of
this " peremptour exceptione," which the Defender attempted to prove by Forbes' oath
but failed to do so. Expenses ^3.
13. Arrears of Interest, &c. Absolvitor. Johne Straquhane of Carneburrow v.
Wm. Gordoune of Terpersie. A large sum was claimed as unpaid interest on a loan of
900 merks ; but on a reference to his oath the Defender denied any indebtedness.
12. Removing. Wm. Forbes of Cottoune z<. John Duffe, burgess of Abd., and
Margaret Johnstoune, his wife. The Pursuer had a liferent lease of a tenement at the
back of the Tolbuith, from Agnes Forbes, widow of John Ker, burgess of Abd., dated
in 1632, and had sublet it to Arthur Forbes, sometime of Meanie. The Defenders, on
what pretext does not appear, had brevi manu intruded themselves into the house.
454
Decree Books: Vol. VI*, Contents
1638.
July 1 8. Wooll and Tobacco. Wm. Lorimer, Merchand burgess of Abd. v. John
Robertsone in Belscamphie and Elspet Chalmer his wife. Decree passed for ,£40 8/-
for wooll with " ane shilling for ane tobacco."
20. Oxen and a Horse. Andrew Craigheid at the Milne of Kingudie v. Alexr.
Aikin in Kingudie. The values decerned for were 40 merks for two oxen, and 14
merks and a lamb at 2O/- as the price of a horse. Expenses 2O/-.
Victual. James Blackhall in Ley v. James Mungzie in Ballblair and a large
number of others. Expenses 6/- each.
Removing. Mr. Alexr. Scrogie, heritable proprietor of the lands, v. Robert
Joise, tenant of a croft on Larishill. Sasine dated 28 June, 1628. Notary Wm.
Watt.
Removing. Mr. Thomas Gray, Baillie burgess of Abd., heritable proprietor of
the lands v. Thomas Sangster in Ovir Ranishill, Ronald Allane there, Andrew
Jamesone there and Mr. James Clerk of Tilliecorthie. It was pleaded for the
Defenders that Mr. James Clerk (whose sub-tenants the other Defenders probably
were) had a lease of five years from Whitsunday, 1634, from James Chein of Arnage,
which lease was therefore unexpired. The reply of the Pursuer, which was given effect
to by the Court, was that " Adame Bischope of Abirdein, Superior of the lands" had
obtained, in the Court of Session, a decree of recognition against Chein of Arnage,
consolidating the superiority and property of the lands and had thereafter conveyed
them to the Pursuer. The date of the Pursuer's Sasine is not given.
Not Entering as Cottars. Damages. Robert Seatoune in Drumbreck v. Wm.
Play in Maines of Tolquhone and Robert Richie in Newseatt of Tolquhone.
27. Personal Bond. Rights of Heir. John Irving of Beltie v. Leivetenent
Collonell Wm. Johnestoune, lawful son of Robert Johnestoune of Cremond, sometime
Baillie and then Provest of Abd. The claim here was for (i) 103 dollors at 58/- Scots
each, (2) £100 of liquidate penalty, and (3) past due interest. The ground of debt was
a Bond granted by the Defender, dated at Lukstat [? Gluckstadt] on 28 August and 30
September, 1627, in favor of the late Capitan John Forbes of Burneheid, whose son and
heir, John Forbes, had assigned it to the Pursuer, by Assignation dated at Edinburgh,
16 Novr., 1637, and registered in the Sheriff Court Books on 2 February, 1638. The
right of the heir was thus set forth " because the said Bond is heretabillie conceavit
beirand annuell rent the defunct long ovirleiving the terme of payment." Johnestone
appeared and admitted his indebtedness.
28. Rent. Relief. Alexr. Gordoune of Birsmoir v. Alexr. Tellie in Auld Abd.
The Pursuer, as cautioner for Tellie, had been obliged to pay the rent of a rig of land
on the East side of Auld Abd., with 4<D/- of expenses, for all which he now obtained
decree.
455
Aberdeenshire Sheriff Court:
1638.
July 28. Indebtedness for Sheep and Cows. Commission to take Defender's Oath.
Wm. Leslie in Kairthine v. Dame Sophia Hay, Lady Aboyne, widow of the late John
Viscount, Aboyne. This was a claim for 200 merks for sheep and cows furnished to
the deceased in July, 1631, with interest from that date. A commission had been
granted to Mr. David Ballantyne, persone of Kincairdyne, to take the Defender's oath
to be reported before a certain day with certification, but this had not been done.
Personal Bond. Right of Executrix. Marjorie Buck [or Bulk], widow and
Executrix to John Arclay, Cordoner burgess of Abd., and Arthur Dalgarno, her
husband v. Thomas Smith at the Milne of Meanie, as heir served and retoured to
Patrick Smiih, Notary Public, who had been cautioner for Wm. Black, burgess of
Abd., in a Bond to Arclay for 100 merks, dated 31 July, 1620. No interest was con-
cluded for or mentioned in the Decree or apparently in the Bond.
Aug. 10. Caution for Rent or Removing. George Leslie, elder, of Kincragie v. Thomas
Norval in Easter Tolmads. The conclusions were (i) for production of a lease for five
years from Whitsunday, 1638, of a croft of Easter Tolmads, (2) for caution for the rent
and duties and (3) failing caution, for decree of Removing. The rent and duties were
" ten merks maill threttein shillingis four pennies teind siluer, ane sufficient servand to
scheir all harvest sex pultrie foulls pryce of the peice thrie shillingis four pennies ane
horss and servand to fewall and peit leiding and ane horss and servand to all kind of
labour aucht dayes yeirlic."
Spuilzie. George Leslie, elder, of Kincragie v, Arthur Forbes in Easter Tolmads
and Thomas Norvall there. The Defender, Forbes, was found liable to pay for "ane
hundreth laids or burdingis of peitts yeirlie the yeirs of God," 1637 and 1638 at 5/- per
"laid," while Norvall was found liable for 40 "laids or burdingis" each year at the
same rate. The peats had been taken from the moss of Eister Tolmads belonging to
the Pursuer. Expenses 4O/- each Defender.
15. Not Entering to Service. John Irving of Allathin v. James Moreis in Creichie.
The Defender had been feed for the half year from Whitsunday to Martinmas, but had
not entered to service. The decree against him was for £8 of money, 24/-, for " tua
pair of new shoone," 6/- for "ane pair of casting shoone," and 13/4 for "ane sark."
Expenses 4O/-.
1 8. Failure to Carry Out Diligence. Liability of Sheriff Officer. Alexr.
Davidsone, burgess of Abd. v. John Spens in Bruntstane. The Pursuer entrusted the
Defender with the duty of apprehending Gilbert Hay in Turturie, against whom he
had Letters of Caption, but the latter failed to do so. He was found liable for the
debt and also ordained to return four rex dollars at 56/- each, which he had received
for his fees. Expenses ^3.
Septr. 24. Removing. Patrick Urquhart of Lethintie v. James Smith in Badichell, Andrew
Meldrum, sometime of Muires of Fywie and others. The lands of Muires were said to
include Mackterrie, Balchreis, Eister and Vester Badichelles, Swanfuird and Over
and Neither Muirefaulds. Sasine dated 11 May, 1635. Notary Mr. Robert Petrie.
456
Decree Books: Vol. VL, Contents
1638.
Octr. 5. Registration. Jean and Janet Ross, daughters and co-heirs of Findlaw Ross
at the Brigend of Kinairmit and John Wallace in Littelcolpe, the husband of Jean Ross,
and Andrew Home at Brigend, husband of Janet Ross, for their interest v. Patrick
Meldrum, sometime of Iden, Wm. Seattoune of Schethin, James Cheyne of Arnadge,
John Forbes of Cask, John Barnet in Bolmaleid and Robert Wat in Kinmintie. Three
bonds in favor of the deceased Findlaw or Findlay Ross, were ordained to be
registered for execution at the instance of his heirs, viz.: — (i) Bond for 1000 merks by
Meldrum, as principal, and Seattoune and Cheyne, as cautioners, dated 29 May, 1632.
(2) Bond for £100 by Forbes, as principal, and Barnet, as cautioner, dated at Turreff,
II Novr., 1632, and (3) Bond for IOO merks by Wat, dated at Delgatie, 16 June, 1629.
One of the witnesses to the laird of Iden's bond was Mr. George Seattoune, brother of
Wm. Seattoune of Schethin. To Forbes of Cask's bond one of the witnesses was
Patrick Forbes his " oye," while the witnesses to the third bond were Gawin Urquhart
in Corsewoodheid, Wm. Gordone, younger, in Buquhynochie and Mr. James Skeine,
Notary Public.
Novr. 14. Forthcoming. Patrick Smith, burgess of Abd. and Isobel Johnstoune, his wife
v. John Ingraham, burgess of Abd., and Mr. Wm. Johnstoune of Midiltoune, for his
interest. The Pursuer, Isobel Johnstoune, was the natural daughter of the Defender,
Mr. Wm. Johnstoune, who had by Marriage Contract, dated 13 Jany., 1636, bound
himself, inter alia, to infeft his daughter and her husband in a house belonging to him
" lyand in the end of the Braidgait on the east syid thairof," or failing their getting the
house, to provide them in 400 merks. Having failed to get possession of the house,
the Pursuers used arrestments in Ingraham's hands upon an Extract of the Marriage
Contract, which had been registered in the Sheriff Court Books.
Claim under Missive. George Leslie of that Ilk v. Sir John Leslie of Wardes,
knight baronet. The Pursuer having a claim of ^30 against Isobel Leslie and Andrew
Gordoune in Auchmengzie, her husband, received from the Defender a letter in which
he promised to retain for the Pursuer the sum due, out of money coming into his hands.
Decree for .£30 and 2O/- of expenses.
MMM 457
Illustrative Examples taken from Vol. VI. of Decree Books
Breach of Arrestment.
(ujanyi637)
THE SAID DAY anent the actione and caus persewit at the instance of Mr.
Alexr. Davidsone his Grace pror. fiscall and Johne Gordoun of Haddo for
his entres agains George Pratt, tennent to the said Johne Gordon and
occupiar of his toun and landes of Wester Barrack TUITCHING the
persewares lybellit summonds Makand mentione That quhair upon the
first day of Junij last in ane court of that pairt of the barony of Kellie
holdin in tennendrie be the said Johne Gordon of ane Nobill and potent
Earle Johne Erie of Mar etc. be Francis Cheyn bailzie thairof the said
defcndar as tennant to the said Johne Gordoun of Haddo and occupiar of
his said towne and lands of Waster Barrock was decernit to pay to the
said Johne Gordoune of Haddo for his occupatione forsaid aucht scoir
marks money for the cropt im vi° and threttie sex yeiris with the soume
of fyw marks for ilk ane of four wadderis, tuantie schillinges for ilk ane
of four lambes quhilk sould haiv bein payit at the Ruidday last four punds
money for tua dussone of hennis and sex punds for auchtein capones
quhilk sould have bein payit at Festringis evin last and Pasch last and
the soume of threttein schillingis four pennies for ilk hors absence of four
horss from twa lang summer carrages im vic and threttie thrie and tua
lang carrages im vic and threttie four and four lang carrages im vic and
threttie fywr yeirs with the soume of ten punds money for ilk boll of fyw
bollis fyw peckes tua half disches teind meill yeirlie croptis im vic and
threttie fyw and im vic and threttie sex yeiris and fourtie schillingis
aucht pennies yeirlie for the teind custumes of the said tua yeiris and als
the soume of ten punds money for devyris and sundrie depursments in
his affaires be wertew quhairof the said Johne Gordoune upon the secound
day of Junij instant purchest the said bailzies arrestment and thairupone
causit Johne Dune officer upon the said secound day of Junij instant
[fence and arrest] tuantie pleuch oxin sex horss and meares sex ky and
kaires four young steiris and thrie young queackis fourscoir auld scheip
and tuantie lambes with the haill houssis biginges all perteining to the
said defendar and in his possessione of his occupatioune forsaid to haive
remaint under arrestment ay and quhill he sould be satisfiet of his said
debt and maid intimatioun to him personallie apprenhendit as the said
decreit, precept of arrestment and executiones thairof proportis Not-
withstanding quhairof sen the daitt of the making of the said arrestment
458
Decree Books : Vol. VI., Illustrative Examples
the said defendar hes transportit and takin avay his saids guids fra the
saids lands of Waster Barrock quhairon the samen was arrestit being in
his possessione thairon the tyme of the said arrestment quhairthrow he
hes incurrit the danger and perrill of brack of arrestment and that his
saids haill guids and geir sould be escheit and himself punischit conformc
to the Actis of Parliament and lavvis of this realme for his contempt And
thairfor the said defendar to heir and sie the premissis sufficientlie werefiet
and provin and being provin to heir and sie himselff decernit to have
done wrong in the wiolent braking of the said arrestment in contempt of
his Ma/ lawis and authoritie and to be punischit thairfor according to the
lawis of this realme sett doune and used againes willfull brackeris of
arrestments in sick caices or then to alledg ane reassonabill caus quhy
the samen sould not be done with certificatioun as effeiris as in the said
persewars lybellit summonds at mair lenth is conteinit. AND ANENT
THE CHARGE givin to the said defendar to have compeirit this day befor
the said Shreff or his deputs to have hard and sein decreit giwin and
pronuncit againes him in maner under vvreittin The said persevvar COM-
PEIRAND for himselff and as pror. for the said Johne Gordoun of Haddo
for his entres and the said defendar being lauchfullie summondit to this
actione oft tymes callit and not compeirand lauchfull tym of day abiddin
the forsaid pairtie persewar compeirand as said is richtes reassones alliga-
tiones togidder with the said act of court precept of arrestment and
executiones thairof of the daittis tennors and contents abowe wreittin
with the depositiones of certane famous witnessis at lenth suorne and
examinat upon the transporting of the guids lybellit sen the daitt of the
making of the arrestment aboue mentionat being hard sein and considderit
be the said Shreff deput, and he thairwith being ryplie and at lenth
advysit the said SHIRREF DEPUT findis that the said defendar hes
incurrit the danger of brak of arrestment and thairfor DECERNES the said
defendar to have done wrong in the violent braking of the said arrest-
ment and contemning of his Ma/ lawis and authoritie and to be punischit
thairfor conforme to the lawis of this realme sett doune and used againes
willfull brakeris of arrestments in sick caices, BECAUS [then follow reasons
which are only a repetition of what has been already said]
Deterioration of Buildings. Conditions as to Housing of Cattle for Manure.
(22 Febry 1637)
The said day anent the actione and caus persewit at the instance of
Robert Jhonstoun at the Kirk of Udny against Robert Forbes in Cragie
. . . . to thankfullie content pey and delyver to the said Robert
459
Aberdeenshire Sheriff Court:
Jhonstoun persewar the soume of fourtie punds usuall Scotis money for
the pryce of ane barne and haill timber of the same perteining to the
said perseuer (and demolishit and takin avay be him and his sub-
tennentes) upone the toune and landis of Ovir Tiligonie with tuentie
merkis for the pryce of ane byre and timber of the same upone the saidis
lands demolishit be the said defender and his forsaidis as said is and per-
teining to the said Robert Johnestoune as his avin proper bigging upone
his heretabill landis of Ovir Tilligony about the feast of Lambes in the
yeire of God im vic threttie thrie yeires And that be reassone the said
defender tuike in Tak and Assedatioune from the said perseuer the said
toune and landis of Over Tilligonye with houssis biggingis yairdes pairtes
pendicles and pertinentes thairof lyand within the parochin of Tarves be
annexatioune and Shrefdome of Abd. for the space of fyw yeires nixt
follouing the terme of Vitsonday im vic twentie aucht yeires and band
and obleist him in caice the bigging of the landis forsaidis then receauit
be him should be found var at his removeing thairfra be the sight of
Johne Hendersone in Archedlie Thomas Jaffray in Thornerone Thomas
Forsythe and George Brandie in Tilligonye to satisfie for the same And
that it is of trueth and veritie that the saidis biggingis var sightit be thir
persones forsaidis the issue of the saidis Takis and found var and
deteriorat nor they vere in the pryce aboue wreittin, At least the saidis
biggingis var altogidder tane away Togidder with ane brass of the hall
chimney pryce of brass four pundis Item ane timber loft detteriorat and
maid vorss be ten merkis nor they vere at the said defender his recept
thairof And sicklyk the defender to pey and delyuir to the said Robert
Johnestoune the soume of ane hundreth pundis Scottis money And that
be reassone the said defender be his Band and Obligatioune obleist him
as tennent of the said toune and landis of Over Tilligony in the moneth
of Aprill im vic tuentie aucht yeires to hauld his haill guidis yeirlie that
pasturit on the saidis landis keepe the tathe thairof within the said toune
and to hauld his haill guidis horss nolt and scheipe within the byres and
stables of the same in vinter and to vare his haill guidding summer and
vinter within the said toune yeirlie during the said space of fyue yeires
and failzeing thereof to pey to the said Robert Johnestoune the soume of
ane hundreth pundis money forsaid for the transgressioun of the con-
ditiounes forsaid And that it is of veritie that the said defender be
himsell & his subtenncntes viz umquhill William Forbes fiar of Tillygony
break and transgrest the conditiounes forsaid the last of the fyw yeires
aboue designit be keiping and haulding his haill guidis horss nolt and
scheipe upone the Milne croft of Tilligony aff aff the compleneres landis
forsaidis and vairing haill vinter guidding upone the saidis milne landis
to the westing of the said perseueris landis aboue exprimit [Decree
passed for 40 merks for damage to buildings and ;£ioo of penalty as
concluded for.]
460
Decree Books: Vol. VI., Illustrative Examples
Loan. Ticket Payable to Bearer. Prussian Guilders.
(28 April 1637)
The said day anent the actioune and caus persewit at the instance of
Isobell Valace in Fetterneir mother to Robert Brebner citiner in
Lonndoune and Johne Still her present husband for his entres againes
Alexr Gardyne sumtyme in Banchorie .... That quhair the
defender be his band subscrivit vith his hand of the dait at Elburge the
tuentie fourt day of Sepr 1628 yeires band and obleist him to haue peyit
to the said Robert Brebner or any in his name haveing the said ticket to
schaw all and haill the soume of fiftie Gilderes Spruis money betuixt the
dait of the said band and the feast of Mertimes than nixt thaireftir . .
. . . Lykas the said Robert Brebner be his missive direct to his said
mother of the dait the tuentie audit day of Aprill 1635 yeires gifes hir
warrand to suit him be lawe for the same .... the said persewer
compeirand be Mr Alexr Davidson his pror. producit the said lybellit
summonds dewlie execute & indorsat to this day agains the said defendar,
and als agains Patrick Watt & Thomas Gordon Merchandes burgesses of
Abd. to bear leill and suithfast witnessing in so far as they knew or sould
be speirit at them in the said caus anent the valour of ilk gilder & quhat
the samen wald extend to in Scottis monie, THE
SHIRREF DEPUT haveing hard sein & considderit ....
DECERNIT the said defendar to pey & delyvir to the saids persewares
the forsaid soume of fyftie gilderis Spruis money extending in Scottis
money ilk gilder to nyntein sh. four pennies [There was also a finding
of 5<D/- expenses.]
Burial Dues and Penalties.
(14 June 1637)
The said day the Shref deput forsaid Decernit the persones under namet
in penam contumacie being personallie summondit with certificatioune
pro confesso To pey and delyuir to Williame Keithe box maister and
collector of the commone guid of the Kirk of Skein the particular soumes
of money eftir specifeit viz Arthur Forbes in Bodimfauld 4O/- I for ane
buriell Andrew Forbes in Easter Carny 5 merkis for ane buriell Williame
Ronaldsone in Lydoche 10 merkis for tuo penalties. Williame Keith in
Garlogie £8 for the scool treis and 40,'- for Issobell La hir penaltie
Andrew Mainye in Auchloche as cautioner for Thomas Fraser 20 merkis.
Alexr Forbes in Milnebowy for burielles and penalties 23 merkis
i In the original this and the following sums are in words ; but in order to save space they
are here inserted in figures.
461
Aberdeenshire Sheriff Court :
Margaret Skein in Cragidarge 22 merkis James Smith in Garlogie £3
William Mainye in Tillvell 4.0!- Issobell Chapmane in Garlogie 4<D/-
Margaret Logie ,£5 Elspet Chapmane in Auchinclothe 40 /- Agnes
Edvard in Easter Carny 5 merkis gj- Valter Baith in Hill of Keir 13/4
Gilbert Smith in Lochheid 13 '4 Arthur Farquhar 13/4 Williame
Cruiffes in Kinmundye 13/4 Elspet Dun in the Kirktoune of Skein 13/4
Geilles Hall thair als meikill Margaret Baxter in Easter Carnye £4
Janet Imrie in Auchincloth 40!- Alexander Ritchie elder in Fornat £5
John Vatt thair 40'- Alexr Ritchie younger thair £$ James Keith in
Auchincloth 5 merkis Johne Gordoune sumtyme in Crabistoune now in
Kinmundy forane buriell 10 merkis . . with 2/- frae ilk ane of them
for expenssis etc. etc.
Spuilzie of Cattle, &c.
(17 Novr 1637)
The said day anent the actioune and caus persewit at the instance of Sr
Robert Innes of that ilk knight barronet againes James Schand in Latheres
John Rhind in Monelie John Sinclair at Boynismilne Alexander Schand
in Crichie Williame Schand in Littertie Arthur Davidsone at the Valk
Milne of Plaiding [for] the violent and maisterfull spuilzea-
tioune [in the month of August 1633] awaytaking and as yit deteining
fra the said complenar and furth of his possessioune of the lands of
Dradlen within the barronie of Auquhorsk and Shrefdome of Abirdein of
the particular guids and geir under wreittin viz., tua blak oxin ane humbill
ane hornit ane broun oxe ane broune skairit ox pryce of the peice tuelff
punds tua meares ane thairof blak ane uther broune pryce of the peice
auchtein pundes ane foir hors of four yeire old pryce thairof fourtie merkes
Item tua brandit humbill kye pryce of the peice tuantie merks Item ane
hornit reid kow with ane reid gairit quhyt backit kow pryce of the peice
tuelff pundes Item ane black hornit kow pryce thairof tuentie merks Item
ane broune hornit kow pryce thairof tuentie merks all the saids kye being
with calffes Item ane blak humbill kow with hir follower pryce thairof
tuantie pundes Item tua quyacks ane thairof reid ane uther black pryce
of the peice ten merkes Item tua bulles ane thairof humbill broune ane
uther brandit pryce of the peice ten pundes Item ten houges pryce of the
peice tuantie sex shillingis audit pennies Item sex rammes and vedderes
pryce of the peice fiftie thrie shillingis four pennies Item threttie thrie
young yowes pryce of the peice sicklyk fiftie thrie shillingis four pennies —
[After a narrative that the animals claimed had come into the possession
of his Chamberlain in payment of the rent of Alexr Thomsone then in
Dradlen, the excrescent profits are thus stated] — Ilk ox ilk day in plowing
462
Decree Books: Vol. VL, Illustrative Examples
sex shillingis aucht pennies, Ilk kow ane calff yeirlie pryce of the calff
audit punds and ilk calff ane uther calff ilk uther yeire pryce forsaid and
ilk kow in milknes yeirlie tuantie punds Ilk hors in vark hyregang and
labour daylie tuantie four shillingis and ilk mear als meikill in vark and
hyregang and ilk mear also ane foill pryce of the foill ten punds and ilk
foill ane uther foill ilk uther yeire pryce forsaid Item ilk quyack ane
calff yeirlie pryce forsaid Item ilk hoig and yew in wooll yeirlie halff
ane stain wooll pryce of the stain tuantie merks and in milknes yeirlie ten
merkes and also yeirie ilk yew ane lamb pryce of the lamb tuantie shillingis
and ilk lamb ilk uther yeire als meikill wooll milk and lamb pryce forsaid
Item ilk Ram als meikill wooll pryce forsaid — [After the conclusion for
restoration or payment and narrative of the procedure, the Sheriff depute
found the defenders liable to restore or pay the prices following being] —
Ilk ox tuell punds, Ilk bull ten punds, Ilk kow ten punds, Ilk mear ten
punds, the foir hors tuentie punds, Ilk quyack ten merks, Ilk calff tuentie
sex shillingis aucht pennies, Ilk hoig tuentie sex shillingis aucht pennies,
Ilk ram and wedder ovirheid fiftie shillingis, Ilk yew fiftie shillingis — [The
excrescent profits were fixed as follows] — tuell pennies for ilk ane of the
said oxen daylie and ilk day in plowing Item for the milknes of kow
yeirlie aucht merks, and for ilk kow ane calff yeirlie pryce of the calff
tuentie sex shillingis aucht pennies and for the vark hyregang and labour
of ilk hors and mear daylie and ilk day thrie shillingis four pennies and
for ilk mear and foill everie uther yeire pryce of the foill fourtie shillingis
and for the wooll of ilk vedder ram and yew ovirheid yeirlie tua pund
weight pryce of the stain ten merks and for ilk yew ane lamb yeirlie pryce
of the lamb tuentie shillingis and for the milknes of the saids haill yewes
yeirlie fourtie aucht merks — [After giving the reasons, which were merely
a narrative of the procedure, the decree concluded with a finding of ten
merks of expenses.]
Bonds of Thirlage,
(9 March 1638)
THE SAID DAY .... Alexander Farquharsone eldest lauchfull
sone to Robert Farquharsone of Finzeane heretabill proprietar of the
Milne of Clinter lyand within the parochin of Birss and Shrefdome of
Abirdein Assigney speciallie constitut be Sir Alexander Gordoune of
Clunie knight barronet to the Bands of Thirledge particularlie under
wreitten againes Robert Gardyne of Tilliefroskie Dauid Farquharsone of
Balfedie and Alexander Gradane of Quhytstaine TUITCHING the per-
sewares lybellit summondes MAKAND MENTIOUNE that quhair the said
Robert Gardyne ... be his letters obligatores subscryuit with his
463
Aberdeenshire Sheriff Court:
hand of the dait at Glencat the fourteint day of Junij im vic tuentie sex
yeires for the caus thairin conteinit band and obleist him for himselff and
takand the burding on him for his aires successores or assigneyes heret-
abill proprietares and possessores of the saidis landes of Tilliquhorskie
pendicle and outseat thairof callit Boigheides and pertinentes thairof
lyand as said is sould be heretablie and perpetuallie
thirled astricted and obleist to the said Sir Alexr and his aires and
successores thair said Milne of Clinter in all tyme cuming and for him-
selff [and] taking the burding on him as said is thairby expreslie and
perpetuallie thirled astricted and obleist his saidis landes of Tilliquhor-
skie pendicle thairof forsaid haill toftes croftes and pertinentes of the
samen to the said Milne of Clinter in all tyme thaireftir and that the
haill cornes quhilk grow thairon or anie pairt thairof the seid being
deducit allenarlie sould be grund at the said Milne yeirlie in all tyme
thaireftir And that he and his forsaid is sould abstract detein or withhold
nain of the saids cornes thairfra and sould pey to the said Sir Alexander
Gordoune and his forsaidis and to thair milares in thair name the tuantie
peck of all cornes growand thairupon except the seid as said is as the
multer deuitie allenarlie for all multur and knaifschip that micht be askit
thairfor as the said Band of Thirlege of the dait forsaid and registrat
in the buikes of Councell upone the tuantie fyw day of Junij last beires
Lyik as David Farquharsone of Balfedie [here are narrated in almost
identical terms the Bond of the Laird of Balfedie dated 20 May 1626 and
registered in the Books of Council 25 June last, and the Bond of
Alexander Gradane of Quhytstaine dated 24 Novr 1634 and registered
on the said 25 June last] And albeit it be of veritie that the said
Alexander Farquharsone as heretabill proprietar of the said Milne of
Clinter and successor to the said Sir Alexander Gordoune thairintill be
his Dispositioune and utheres haueving richt thairto as his richtes and
infeftmentes thairof proportes Lyikas the said Sir Alexander Gordoune
be his Letters of Assignatioune of the dait the fourteint day of July im vic
threttie and sex yeires maid and constitut the said persewer his laufull
assigney cessionar and donator veluti in rem suam cum dispositione
libera in and to the saidis thrie Bandes of Thirledge and haill contentes
thairof as the same beires Notvithstanding quhairof the said Robert
Gardyne of Tilliquhorskie Dauid Farquharsone of Balfedie and
Alexander Gradane of Quhystain refuissis postpones and deferres to
grind thair cornes that groues on thair saids lands yeirlie at the said
Milne and als thair tennends thairof .... without they be
compellit be justice thairto And thairfor the saidis defenderes to
heir and sie themselffes decernit be decreit of Court ... To
grind thair cornes that sail happin to grow in all tyme cuming
upone the saids lands with the pertinentes at the said Milne of
464
Decree Books: Vol. VI., Illustrative Examples
Clinter and to pey the tuantie peck of the samen the seid being
exceptit to the Complener his aires and successores proprietares of the
said Milne thair Millares in thair names . . . [the defenders did not
appear and decree passed in the following terms] Decernes the saidis
defenderes thair tennentes cottares and occupiares of the lands aboue
exprest with the pertinentes to grind thair haill cornes that sale happin
to grow in all tyme cuming upone the saidis landes with the pertinentes
at the said Milne of Clinter and to pey the tuantie peck of the samen
the seid being exceptit to the said complenar his aires and successores
proprietares of the said Milne thair millares in thair names cropt and
yeir of God 1636 yeires and yeirlie and ilk yeir in tyme cuming conforme
to the saidis Bandes of Thirlege, etc., etc.
Not entering as Cottars. Damages.
(20 July 1638)
The said day the Shref deput forsaid in penam contumaciae Decernit
Williame Hay in the Maines of Tolquhone to content and pey to the said
persewer Robert Seatoune in Drumbreck tbe soume of tuantie punds
money for his not enteric to ane cottage at Vitsonday last to haue servit
the said complenar at all labour as ane cottar with tua servands quhill
Vitsonday nixt thairefter 1639 with aucht merks for ane stain of lint
fourtie shillings for viccarage and fyftein shillings borrowit money, And
als Decernit Robert Richie in Newseatt of Tolquhone [to pay] the soume
of tuantie punds money for his not entrie to ane cottage tain be him frae
the persewer at Vitsonday 1637 to haue servit him as cottar with tua
servands at all labour and service quhill Vitsonday 1638 with tuantie
shillingis frae ilk ane of them for expenssis of pley etc. etc.
NNN 465
Table of Contents of Volt VII. of Decree Books
1638.
Deer. 19. Registration. Win. Logane, lawful son of the late Thomas Logane, sometime in
Auchmill v. Wm. Gordoune of Braichlie, son and heir of Wm. Gordoune of Braichlie.
The Pursuer was assignee to a Bond for 100 merks granted by the deceased John
Gordoune of Braichlie, as principal, and James Gordoune, burgess of Abd., as cautioner,
dated 24 May, 1621. In signing the Bond the principal debtor designed himself
" of Kennerty."
Rent. Caution to Pay, Plenish, or Remove. Sir Alexr. Gordoune of Cluny,
knight v. James Harper in Skaitcraigis, occupier of four oxengait of Buchanstoune in the
Parish of Oyne.
1639.
Jany. 9. Abstracted Multures and Upkeep of Mill. Robert Irving of Fedderet v.
George Will in Yrnsyid and others, who were thirled to the Mill of Fedderet and bound
to " uphauld the water wall and mill biging. " Expenses 4/- each.
ii. Rent, &c. &c. Alexr. Mill in Beildsyid v. Wm. Thorn there. The decree was
for the " maill of thrie huiks land " and a variety of other things.
Seed Bear. Wm. Oge in Kincraigie v. James Tailzour in Cultis and others, who
were due certain sums for " seid beir." Expenses 2O/- each.
Subscribed Ticket. John Mill, Tailziour, burgess of Abd. v. Charles Chalmer
in Kintoir. The debt was £8 with 4O/- of penalty.
Rent. Mr. Roger Mowat, Advocat in Edinburgh v. Nathaniell Heriot in
Boddome. The Pursuer produced a Sasine of the lands of Balmuir, dated 27 August,
1634, following upon a Charter granted to him by Sir Wm. Keithe of Ludquharne,
knight baronet and Alexr. Keithe of Balmuir, by virtue of which he claimed the rents
for the years 1635-6 and 7. These had however been uplifted by the Defender, who
was now ordained to hand them over to the Pursuer with ^4 of expenses.
30. Supplement. Wrongous Intromission. Wm. Fraser, younger, in Frasers-
brughe v. Alexr. Ramsay, sometime in Frasersbrughe then in Roshartie. In a Court of
the Regality of Frasersbrughe held on 24 March, 1638, the Defender had admitted that
he was wrongly in possession of " ane fedder bed ane bouster tua doune coddis pryce of
the haill tuantie punds."
Feb. 13. Refusal to Enter to a Farm. Absolvitor. Mr. Wm. Lumsden, Advocat in
Abd., as Factor and Chamberlain to the Laird of Meldrum v. Alexr. Schand in Creichie.
The object of the action was to enforce an alleged five years lease of the lands of Auld-
toune of Bathelnie, but the Defender denied on oath that there was a concluded bargain.
466
Decree Books: Vol. VIL, Contents
1639.
Feby. 21. Registration. George Rickart of Auchnacant v. John Forbes of Corss, as eldest
son and heir of Bishop Patrick Forbes. By Contract and Agreement, dated 25 May,
1621, between the Bishop and his then eldest son the deceased William Forbes on the
one part, and Rickart on the other part, the first parties had in consideration of 10,000
merks sold and bound themselves to convey to and infeft Rickart in the lands of Auch-
nacant in the Parish of Foveran and Barony of Fiddes. This Contract was now ordained
to be registered for execution against the Defender as heir to the Bishop.
22. Forthcoming. Patrick Gray, burgess of Abd. i: Wm. Wobster lawful son of
George Wobster in Fraserbrugh and James Sangster, Merchand in Tarves, for his
interest. Sangster had granted a Bond to the Pursuer for ^45, dated 25 April, 1637,
and registered in the Sheriff Court Books 13 July, 1638, on which an arrestment had
been used in Webster's hands.
27. Removing. Alex. Keythe, Portioner of Uuffus v. Andrew Fraser in Mid Beltie,
son of Alexr. Fraser of Durris and occupier of the town and lands of Mid Beltie. Sasine
dated 10 Septr., 1638. Notary Alexr. Dune.
15. Wrongous Intromission. John Leith of Balquharne and Mr. Andrew Massie,
(Out of Minister at Drumblait v. Dame Helen Urquhart, widow of Sir James Gordoune of
date.) Newtoune of Garrie and wife of James Cheyne of Arnage. By Disposition and Assign-
ation dated 10 May, 1633, the deceased Sir Alexr. Gordoune had made over certain
live stock, crop in the corn yard, growing crop and arrears of rent of his lands in Drum-
blait, Kineedvard and Gamrie to Alexr. Gordoune of Johnsleyis and the said John
Leith equally between them. By Translation dated 4 July, 1633, Alexr. Gordoune of
Johnsleyis made over his half to the Pursuer Mr. Andrew Massie. The Pursuers now
sued for the restoration of, or payment for, a quantity of the grain in the corn yard falling
under the Disposition by Sir Alexander, which the widow had taken possession of.
The values were fixed by the " Feares " prices, as proved by Extracts from the Sheriff
Court Books.
Forthcoming. Alexr. Irving sometime in Tarsettis then in Auld Abd. v. Walter
Fraser in Fingask and others, and also David Currour of Fingask and Cristiane Currour
his wife, for their interest. The narrative bears that the late George Currour of Fingask
bound himself by Letters of Obligation dated 14 July, 1622, to pay and deliver to the
late Wm. Norie " sone to umquhill Wm. Norie of Inshdrour his sisters sone " 5°°°
marks '' fyw Witsondayis next eftir the deceis of umquhill Bessie Currour mother to the
said umquhill Wm. Norie cedent togidder with ane hundrethe marks for ilk yeiris
failzie." To this obligation the Pursuer acquired right by Assignation granted by Wm.
Norie on 9 Septr., 1634, and after some litigation in the Court of Session, succeeded in
establishing his right to recover from Cristiane Currour, who was the daughter of George
Currour, and from David Currour, fiar of Balgringo, her husband. The latter was also
the debtor of the Pursuer in a sum of 270 marks borrowed on 5 June, 1635. In order
to recover these sums the Pursuer had arrested in the hands of the tenants of Fingask,
their rents for crops 1636 and 1637, and for so much thereof as was admitted by them he
now obtained decree.
467
Aberdeenshire Sheriff Court :
1639.
Mar. 8. Forthcoming. Patrick Leslie, lait Provest of Abd. v. Margaret Marshall in Ahd.
and others, and also Wm. Hoge, burgess of Abd., for his interest. Hoge and John
Malice, Couper, burgess, had borrowed on 7 March, 1637, from Wm. Erskein, burgess
of Abd., 826 marks. To the Bond the Pursuer acquired right by Assignation and
arrested in the hands of Hoge's debtors.
10. Rent. George Dalgarno in Peithill and Janet Forbes his wife v. Alexr. Fraser of
Teachmuirie as " Oe and air be progres to umquhill Mr. Michael Fraser sumtyme of
Teachmuirie his guidsir " and his Tutors and Curators, if any. The rents of that part
of the lands and barony of Parcok, called Skelmuir were sued for, and the Pursuers had
come to be in right to these by virtue of a Contract of Wadset, and as the bargain con-
tained in it, was similar to many entered into at the period in question, the narrative in
the Decree may be quoted at length. It was as follows : — " That quhair thair wes ane
contract and appoynlment maid & endit betuixt umquhill Mr Michaell Fraser of Teach-
muirie and Margaret Hay his spous on the ane pairt and the umquhill Mr James Forbes
of Woodland and Beatrix Hay his spous on the uther pairt Be the quhilk the said Mr.
Michaell and Margaret than heretabill propriatars of the lands and barronie of Parcok and
pertinentis thairof callit Skelmuir lyand within the parochine of Deir and Shrefdome of
Abd wadset and impignorat to the said Mr James Forbes and Beatrix Hay his spous
with him in conjunct fie and to thair airs and assigneys all and haill the said toune and
lands of Skelmoor houssis biggingis yards and pertinent thairoff lyand as said is undir
reversione of all and haill the soume of thrie thousand marks usuall Scotis monie as is
contenit in the contract bearand the Bak Tak of the saidis lands eftir specifeit of the
dait the first day of August the yeir of God im vic and four yeirs at mair lenthe is con-
tenit. For the quhilk Tack of the saidis lands of Skelmoor during the not redemptions
of the samen the said Mr Michaell Fraser band and obleist him his airs and assigneyis
to pay and delyuer yeirly to the said Mr James Forbes and Beatrix Hay the langest
leivar of them tua and thair airs and assigneyis the sowme of tua hundrethe punds monie
foirsaid at tua termes in the yeir Witsonday and Mertimes in winter be equall portions
and in caice of not peyment of the samen the sowme of threttie pundis monie foirsaid
in name of failzie." After narrating the assignations of the rents by Beatrix Hay to
her daughter Janet Forbes the narrative proceeded " Neuertheless Alexr Fraser
now of Techmuirie sone and air to umquhill Alexr Fraser his father quha wes sone and
air to the said umquhill Mr Michaell and so be progres air to him and obleist thairby in
peyment of the said tak dewtie to the complenar quhairof the said Alexr Fraser now of
Teachmuirie hes nether maid nor will mak peyment to the complenaris of the said
soume of tua hundrethe punds and threttie punds off liquidat expenssis yeirlie " [for the
years 1634 to 1638 inclusive] " without he be compellit and thairfoir to heir and sie
himselff decernit " [as in other examples]. There were produced on behalf of the
Pursuer (i) the Contract of Wadset containing the Bakset before referred to, (2) two
Assignations by Beatrix Hay or Forbes to her daughter, dated 9 April, 1630, and 5
June, 1636, (3) Instrument of Sasine of the lands in favour of the said Beatrix Hay or
Forbes, (4) Instrument of Sasine in favour of Alexander Fraser, the Defender's father,
dated 22 May, 1620, following on a Precept of Claie Constat in his favour as heir to
Mr. Michaell Fraser, and (5) Instrument of Sasine in favour of the Defender, dated
6 April, 1637, also proceeding on a Precept of Clare Constat.
468
Decree Books : Vol. VIL, Contents
1639-
Mar. 29. Exhibition and Delivery of Title Deeds. Robert Keithe, Wreatter to His
/Ma/ Signet, Thomas Cargill, Gentilman at London, and Thomas Cushnie, Glass-
invricht, burgess of Abd. v. Mr. Thomas Gray, Bailzie, and Mr. Alexr. Davidsone,
Advocat, burgesses of Abd., and Andrew Hunter of Grandhome, for his interest. The
Pursuers were all in right of Apprisings of the lands of Grandhome, Denstone, Corthie-
buck and Perslie, with salmon fishing on the Don, &c. , and were desirous of having
the title deeds of the lands produced and given up, which was done by Mr. Davidsone
on behalf of himself and Mr. Gray. The writs were the following :— (i) Charter of
Grandhome and Perslie granted by Alexr. Gordoune of Abirzeldie to his son George
Gordoune, dated at Ballogie, 15 January, 1582, with Sasine on the back, dated 6
March thereafter. Notary Alexr. Youngson. (2) Precept of Clare Constat by the said
Alexr. Gordoune to Thomas Gordoune, thereafter of Grandhome, as heir to his brother,
the said George Gordoune, dated 28 February, 1594. (3) Sasine dated 30 April, 1596.
Notary Alexr. Middiltoune. (4) Charter of Novodamus by Win. Gordoune of Abir-
zeldie to the said Thomas Gordonne, his brother, dated n April, 1616. (5) Sasine
dated 12 April, 1616. Notary John Hunter. (6) Sasine of the Laird of Abirzeldie's
lands of Abirzeldie, Eastoune, Grandhome, Auchmull and Crabstoune. [No date
given.] (7) Contract between Thomas Gordoune and Andrew Hunter for the sale of
the lands. (8) Thomas Gordoune's Discharge of Reversion. (9) Disposition by
Thomas Gordoune to Andrew Hunter. (10) Sasine thereon, (n) The Charter by
the College to Hunter of the lands of Denstoune. (12) Instrument of Resignation on
which it proceeded. (13) Sasine following on it. (14) Decree by the Earl of Buchan
against the House of Abirzeldie. (15) Decree of Reduction by the Earl and Dame
Marie Douglas against Abirzeldie and others of the lands of Grandhome and Perslie.
(16) Contract between the Earl and his Lady and Andrew Hunter. (17) Charter to
Hunter to be held of my Lord of Buchan. (18) Sasine thereon. (19) Contract
between the Earl and Hunter, relating to a Disposition of the lands to be held of the
Crown, containing Procuratory of Resignation. (20) Instrument of Resignation follow-
ing thereon. (21) Charter by the Earl. (22) Crown Charter under the Great Seal.
(23) "The half Seal following thairon." (24) Sasine thereon. (25) The first Feu
Charter of the lands of Denstoune, Carnefield, Dilspro and Ailhous croft, granted by
Mr. Robert Erskeine, Dean of the Cathedrall Kirk of Abd., with consent of the Bishop
and Chapter, in favor of Andrew Ilervie of Boyndis, dated 8 September, 1543.
(26) Precept of Sasine by the Dean. (27) Sasine, dated 10 September, 1543.
Notaries David Makiesone and David Hervie. (28) Charter of Confirmation under
the Great Seal of Queen Marie, dated 9 December, 1543. (29) Precept of Clare
Constat by the College of Auld Abd., as in place of the Dean in favor of Andrew
Hervie, as heir to Andrew Hervie, his guidsir, dated 14 August, 1583. (30) Sasine
dated 15 August, 1583. Notary Hew Ilervie. (31) Charter of Alienation by Hervie
to Wm. Allan, dated 28 February, 1602. (32) Confirmation by the College, dated 4
October, 1602. (33) Charter of Alienation by Allan to the said Thomas Gordoune,
dated 29 July, 1604. (34) Sasine dated [?] 26 July, 1604. Notary Mr. Andrew Clerk.
(35) Confirmation by the College, dated 10 December, 1605. (36) New Charter of the
" few ferme," by the College, with consent of Bishop and Chapter, in favor of Thomas
Gordoune proceeding upon his Resignation, dated 10 March, 1613. (37) Sasine thereon
elated 30 April, 1613. Notary George Barrone. (38) Tack of the Teind Sheaves of
the whole lands of Grandhome, Denstoune, &c., granted by the College to the said
Thomas Gordoune, during the lifetime of Mr. David Rait and five years thereafter.
469
Aberdeenshire Sheriff Court :
1639.
Mar. 22. Forthcoming1. Win. Logane in Woodend of Inchemarloche v. Alexr. Keith,
Portioner of Duffes, and Simeon Fraser of Bandar for his interest. The arrestment in
Keith's hands was founded on (i) Bond by Fraser as principal, and George Gordoune in
Drumgask as cautioner, in favor of the Pursuer for .£80, dated 18 July, 1635, and (2)
Bond by Fraser and Margaret Fraser, his wife, in favor of the Pursuer for 80 marks 6/8,
dated 12 June, 1633, both of which were recorded in the Sheriff Court Books on 13
April, 1638.
July 3. * Removing. George Gordoune, heritable proprietor of the lands v. George
Gordoune in Auld Nothe. Sasine dated 4 June, 1638. Notary James Andersone.
5. Removing. Mr. Robert Marteine, " wadseter" of the lands v. Win. Hantoune in
Clerkhill in the parish of Petterheid. Sasine dated 16 Novr., 1638. Notary Patrick
Mill.
17. Removing. Capitane James Forbes of Foulis, heritable proprietor of the lands v.
Duncan Glennie and John Glennie in Wester Foulis in the parish of Lochill. Date of
Sasine left blank.
24. Supplement, Rent. Walter Barclay of Tollie v. Thomas Kempt, sometime in
Siggat, then in Smallburne, who had been found liable to pay the rent and duties of a
plough of land of Siggat for crop and year 1637 and preceding years, in a Court of the
lands and Barony of Tollie, held on 30 June, 1638.
Supplement. Vicarage, Damages, &c. Mr. Henry Ross, Minister at Raynie
v. Nicoll Davie in Muirend of Raynie. An Act of Court of the Lordship of Huntlie
dated 20 December, 1638, was given effect to, by which the Defender had been ordained
to pay (i) a balance of his " Wicarage" for 1637 and 1638, (2) " Fyw pund for dinging"
the minister's servant man, and 10 pecks " quhyt aitis" at ^4 per boll and (3) " tua
firlotis calf meill " at £4 per boll.
A Musket. Wm. Jack, burgess of Abd. v. James Ramsay in Cassiend. . This
decree was for 10 marks for " ane musket coft fra the persewar."
31. Minister's Stipend. Mr. Andrew Abircrombie, Minister at Fintray v. Wm.
Seatoune of Disblair and Mr. Wm. Chalmer, portioner of WTester Disblair. The Stipend
had been modified by decree of the Court of Session, dated 25 July, 1636, but both
Defenders had been failing to pay. The Sheriff Court Fiars for 1636, 1637 and 1638
were used to fix the grain values. Expenses 3O/- each.
The Common Good and Burial Dues of Fintray. James Chalmer and
Robert Cruikschank, Collectors to the Kirk Sessioune of Fintra v. Wm. Seatoune of
Disblair. The Defender was found liable to pay to the Pursuers " Aucht punds four
schillingis monie of comon guid restand be him to the said Kirk and als ten marks monie
as cautioner and full debtor for the buriall of umquhill Seatoune his sister con-
forme to ane Act of Sessione of the said Kirk of Fintray " dated 17 March, 1639.
i The entire cessation of entries for three months at this point, which occurs both in this
volume and in the corresponding volume of Interlocutory Procedure, is abundantly accounted for
by the occupation of Aberdeen by the Covenanting and Royalist forces in rapid succession.
- 47°
Decree Books: VoL VIL, Contents
1639.
July 31. Rent. Mr. Robert Burnet, Advocat, heritable proprietor of the lands, and James
Burnet of Craigmyll, his factor v. Robert Merser in Endovie, Wm. Merser there, Alexr.
Garioche there and Alexr. Burnet of Kebatie. The three Defenders first named were
liable in rent for portions of Endovie, while Alexr. Burnet was liable for the occupation
by his late father Alexr. Burnet arid himself of Kirktoune of Forbes, for crops 1635, '6,
'7 and '8. Wm. Merser got a deduction for some grain delivered to Mr. Adam Barclay,
Minister at Alfuird, at the Factor's request. Burnet got a continuation to state a
defence.
Removing. Beatrix Hay, widow of Mr. James Forbes of Knapernay, liferentrix
of the lands, and George Dalgardno in Peithill, her Assignee v. Alexander Charles and
John Charles in Skelmoor. Sasine dated 9 August, 1604. Notary George Barroune.
Assignation in favour of Dalgardno dated 5 June, 1636.
Removing. Mr. Alexr. Jaffray of Kingiswalls, heritable proprietor of the lands
v. Sir George Johnstoun, knight baronet, occupier of Ardeharell and Easthill of Crimond
in the Parish of Monkegie. Sasine dated 25 and 26 January, 1636. Notary Alexr.
Thomsone.
24. Spuilzie. John Ligertwood in Ardtanies and a number of others v. Sir George
(Out of Johnstoun, Dame Elizabeth Forbes, his wife, their sons, servants and cottars, No
date.) explanation is given, but it is obvious that there had been a raid in June or July
(whether of 1638 or 1639 is not clear) upon the Pursuers and that their grain, oxen and
money, where obtainable, had been taken from them. One of the sons, John Johnstoun,
appeared and got a continuation for his oath. There was decree against all the others.
Novr. 3. Removing. * Elizabeth Annand, liferentrix of the lands, and Thomas Turing, her
husband, for his interest v. Elspet Forbes, widow of Alexr. Tillidaff, sometime in
Moistoun, in the Parish of Logiebuchan. Sasine dated 12 October, 1619. Notary
John Hunter.
8. Money Debt. James Crystie, burgess of Abd. v. Wm. Massie in Balblair. This
was a decree for il marks, the balance of a debt of 40 marks. Expenses 3O/-.
Deer. II. Rent. Wm. Chalmer, Wreatter to His /Ma/ Signet, Donator to the " eschet and
lyfrent of John Forbes of Cask of the lands " aftermentioned v. John Abernethie, some-
time in Fintray, then at the Mill of Creichie, Wm. Schand, sometime in Littertie, and
then at Kinminitie, and David Gordoune in Grein of Allathin. Abernethy had been
occupant of a plough of Nether Fintray, Schand of Littertie and Gordon of Grein of
Allathin, the rents of which were claimed. The debts in respect of which Forbes of
Cask had been put to the horn were (i) 1790 merks due to John Forbes, fourth son of
Abraham Forbes of Blaktoun and (2) 1000 merks due to John Clerk of [?] Tollgay of
Touche. The productions were Decree of General Declarator, dated 11 Feby. , 1632.
Sasine of the lands of Allathein, dated 24 March, 1614. Notary Wm. Ogstoun.
Sasine of the lands of Fintra and Collipot, dated 9 March, 1632. Notary Mr. James
Skeine and Extract of the Fiars prices applying to crops from 1628 to 1636. Expenses
4O/- each.
I. This decree will be found entered in the original after the decrees of March, 1640.
471
Aberdeenshire Sheriff Court:
•
1639.
Deer. II. Rent. Wm. Dalgardno of that Ilk v. Arthur Smyth in Auchnagorth, Cristian
Jois there, Gilbert Dalgarno in Old Garnestoun aud Christiane Udny, widow of Duncan
Forbes of Byth. The last named Defender had the liferent of the lands of Auchnagorth
and Gullie, but had assigned the rents of Auchnagorth and Auld Garnestoune to the
Pursuer, for payment and relief to him of certain debts, which he had paid, and obliga-
tions which he had undertaken, on behalf of Patrick Dalgardno, who was a son of Mrs.
Forbes.
20. Registration. Janet and Margaret Chalmer, children and co-heirs of Robert
Chalmer, burgess of Abd., with Mr. Hew Irwing of Beildsyd, husband of Janet
Chalmer, and Alexr. Chalmer of Drimmies, curator to Margaret Chalmer, for their
interest v. (i) David Melvill, burgess of Abd., as principal, and Patrick Jack, elder,
Litster, burgess of Abd., his cautioner, as debtors under a Bond for 500 marks, dated
28 November, 1628 ; (2) Gilbert Collinsone, burgess of Abd., under a Bond for 300
marks, dated 4 June, 1629 ; (3) John Carny, burgess of Abd., as cautioner for Robert
Innes, Skinner, burgess, under a Bond for 50 marks, dated 27 November, 1629 ; (4)
Wm. Murcur, Officiar and Thomas Barclay, Tailzior, his cautioner, under a Bond for
50 marks, dated 26 Tune» ^34 ; (5) Robert Tailzior, Meassone in Abd., under a Bond
for 20 marks, dated 12 February, 1636 ; (6) Andrew Torrie in Auld Abd., as cautioner
for Nicoll Torrie there, under a Bond for £20, dated 2 July, 1638 ; (7) John Watsone
in Crabstoune, under a Bond for £So, dated 2 July, 1631 ; (8) John Jamesone in
Wagley, under Bond for 100 marks, dated II June, 1631 ; (9) John Simsone at the
Milne of Sklaittie, under Bond for 25 marks, dated 12 December, 1628 ; (10) John
Tarves, Laxfisher, under Bond for 50 marks, dated I June, 1632 ; (11) Robert Blinschell
in Auld Abd., under Bond for 200 marks, dated 12 December, 1628; (12) Thomas
Lumsden, burgess of Abd., as cautioner for Henry Cristall, burgess there, under Bond
for 200 marks, dated 26 May, 1630. The whole of these Bonds were registered ad
longnm in the decree, for execution at the instance of the Pursuers as heirs to their
father, to whom the Bonds were granted. The conclusions of the summons in this case
(as in other cases of the same kind) were that the various obligations granted by the
Defenders should be " decernit to be insert and registrat in our Court bulks at the
instance of the said persewaris as co-heiris to thair said umquhill father and at the
instance of the said Mr Hew husband to the said Janet and Alexr Chalmer Curator to
the said Margaret and the lyk executioune direct agains the haill persones aboue wreittin
for peyment of the haill fornamed sowmes of principall expenssis and annuelrentis sen
the feast of Witsonday im vie threttie sevin yeiris alyk as micht pas at the instance of
the said umquhill Robert Chalmer giw he war on lyff, conforme to the tennour of the
seuerall bands aboue wreitlin And that becaus the saids compleneris ar co-heirs to the
said defunct and thairby lies undoubtit richt to the saids sowmes and that the saids
bandis ar ordanit to be registrat in our saids bulks. Thairfoir the saids defendaris to
heir and sie the premissis decernit in manner forsaid for the reassones and caussis foir-
saidis or then to alledg ane reassonabill caus quhy the samen suld not be done with
certificatioune as effeirs as in the said persewaris lybellit summonds at mair lenthe is
contenit," &c., &c.
472
Decree Books: Vol. VII., Contents
1639.
Deer. 20. Registration. The Pursuers as in the preceding case v. (i) Alexr. Burnet of
Cluny, principal, and Thomas Paip, burgess, cautioner, 1000 marks, (2) Patrick Leslie
in Legatisden 30x3 marks, (3) John Pantoune in Kingiseat as principal and Alexr.
Pantoune, burgess, as cautioner, 500 marks, (4) John Gordoune of Auchleuchries as
principal and George Gordoune of Nethermuir as cautioner ^"1000, (5) James Blakhall
and Wm. Blakhall, burgesses, as principals and Mr. Thomas Blakhall and Alexr. Black,
younger, burgesses, as cautioners, 1000 marks, (6) the said Alexr. Black, younger, as
principal and Alexr. Black, elder, and the said James Blakhall as cautioners 500 marks,
(7) the said Alexr. Black, younger, 200 marks, (8) John Kennedy of Kermuck as prin-
cipal and Sir Wm. Forbes of Craigivar as cautioner 1000 marks, (9) Robert Forbes of
Craigie as principal and Robert Forbes, Baxter, burgess, and Thomas Barclay, Tailzior,
burgess, as cautioners 100 marks, (10) Andrew Meldrum, Litsler, burgess, as principal
and Andrew Stewin, burgess, as cautioner 200 marks, (li) Alexr. Cheyn, Fiar of Thorne-
toune, as principal and Mr. George Seatoun of Orchartoune as cautioner £100, (12)
Alexr. Baine in Maynes of Eacht as principal and Robert Milne, burgess of Abd., as
cautioner 100 marks, (13) James Dovertie in Corthiemuir 100 marks, (14) David Ilervie
in Murthill 50 marks, (15) John Cushnie at the Milne of Carnbrogie as cautioner for
Patrick Cushnie, burgess of Abd., 500 marks, (16) David Yuill in Newtoune of Murthill
£22, (17) Gilbert Scrogie in Kingiswalls £20, (18) Andrew Torrie in Auld Abd. as prin-
cipal and George King there as cautioner 100 marks, (19) Wm. Chalmer in Wester Fintray
as principal and George Thomsone there as cautioner 100 marks, (20) Alexr. Knowis at
the Milne of Murthill as principal and Alexr. Milne in Beildsyid as cautioner too
marks, (21) the said Alexr. Knowis as cautioner for Robert Knowis at the Milne of
50 marks, (22) the said Alexr. Knowis as cautioner for the said Robert Knowis
50 marks, (23) Wm. Ray in Woodheid of Logic as principal and John Ray in Logic-
fintray as cautioner 20 marks, (24) the said Wm. Ray and Robert Cheyne in Auld
Gowell his cautioner loo marks, (25) John Couper in Newburghe as principal and Wm.
Forbes there as cautioner too marks, (26) the said Wm. Forbes as principal and the
said John Couper as cautioner 40 marks, (27) Alexr. Tellie in Auld Abd. as principal
and George Chalmer, Flesher there, as cautioner 100 marks, (28) the said George
Chalmer as principal and the said Alexr. Tellie as cautioner 50 marks.
1640.
Jany. 8. Loan. Ticket. Alexr. Plendrie, burgess of Abd. v. Alexr. Gordoune of Kirkhill.
The Defender was due ,£50 16/8 conform to Ticket, dated 15 February, 1637.
Expenses 4O/-.
15. Registration. John Forbes, as heir of Robert Forbes in Tillioche v. Alexr.
Gordoune in Tulloche as principal and Wm. Touche in Sonhony as cautioner. A Bond
for loo marks, dated at Sonhony on 28 May, 1638, was ordained to be registered.
Removing. Sir Alexr. Irving 9f Drum, knight, heritable proprietor of the lands,
and George Dalgardno in Peithill, Taxman thereof v. Janet Melvill, widow of John
Thomsone, occupier of Denmilne in the parish of Kinkell. Dalgardno had apparently
a life tenancy.
ooo 473
Aberdeenshire Sheriff Court:
1640.
Jany. 24. Oxen. James Forbes, servitor to Arthur Forbes of Eacht v. Alexr. Leithe in
Kinarnie as principal and Mr. Hew Irving of Beildsyid as cautioner. The sum of 52
marks, being the price of " twa pleuche oxin " purchased in October, 1639, was
decerned for. Expenses 2O/-.
Balance Price of Cattle. Wm. Andersone in Standanstaines v. Lourance
Ronaldsone in Waltoune. 13 marks with 2O/- expenses.
31. Renunciation. Robert Chalmer in Waster Fintray v. Sir Wm. Forbes of Craigi-
var. The Pursuer had a five years' lease of nine oxengait of land in Haltoune of Fintray
from Whitsunday, 1635, and being desirous to be clear of the place and liability for the
rent after Whitsunday, 1640, produced in Court by way of this action a formal probative
renunciation, which is embodied in the decree.
Feby. 10. Rent.1 Demolition of Buildings. Mr. Alexander Reid, burgess of Abd.
v. George Connan in Nether Kildrummy. The rents of Newtoune of Auchindoir for
1638 and 1639 were discerned for, with ^4 "for dimolishing and making worss of the
houssis and biggingis of the said occupatioune."
12. Wrongous Intromission. Sheep. Mr. Roger Mowat, Advocat in Edinburgh
v. Wm. Mowat in Glashauche, Alexr. Brabner in Boigis of Dorlatheris and Thomas
Wilsone in Powglassie. The Defenders were ordained to restore 40 wedders under the
wool, which the Pursuer and his chamberlain, Patrick Stewart, had received from his
tenants, and which had been "brunt and markit be him in his awin name," or to pay
five marks for each weclder. The sheep were said to have been taken from the lands of
Balquhollie.
14. Registration. Wm. Ross in Cuthilburne, son of Patrick Ross in Cromar, and
heir of the late Wm. Ross, servitor to Sir Alexr. Irving of Drum v. Robert Irving of
Moncoffer. The indebtedness here was 500 marks of principal, contained in a bond,
dated 8 December, 1630.
Wrongous Intromissions. Rents. Alexander Keithe, Portioner of Duffes v.
John Irwing of Brucklaw. The Defender had, in consideration of 14,000 marks,
wadset to the Pursuer by Contract, dated 21 June, 1636, the lands after-mentioned,
with right to the rents, notwithstanding of which he himself had, in breach of bargain,
collected them. The lands were four ploughs of Maynes of Crimond, part of Tillikeirro,
a plough of Carnknowsie, a plough of Maynes of Crimond called the Boig, the Milne of
Maynes of Crimond called Sternaphin, all situated in the Parishes of Crimond and
Lonmay. The title of the Defender Irving seemed to have been one of wadset also,
which had come to him, as heir of his father, James Irving, to whom the lands had been
pledged by the late Francis, Earl of Erroll. The prices of grain were fixed by an
Extract of the Feares Court taken from the Sheriff Court Books, crops 1637, 1638.
I. This decree will be found entered in the original after the decrees of 3ist March.
474
Decree Books : Vol. VIL, Contents
1640.
March 4. Rent. Janet Dickie, widow of John Hill in Kintoir and Wm. Irving in Hirne,
now her husband v. Margaret Mackie, widow of Walter Hill in Kintoir and Bastean
[Sebastian] Hill, her husband. The female Pursuer was liferentrix of five different pieces
of ground and houses in Kintoir, for the rents of which, amounting to ,£100 per annum
for the years 1635 to 1639 both inclusive, the Defenders were liable. Five different
Sasines were produced, and exact descriptions of the different "ruids" were embodied
in the decree.
Registration. Janet Chalmer and Margaret Chalmer, daughters and co-heirs of
Robert Chalmer [as in former decrees] v. Alexr. Erskeyne of Barnes as principal, and
Thomas Erskeyne of Balhaggardie and Robert Farquharsone of Invercauld as cautioners.
The Bond, in this case, was for 500 marks, and dated 20 November, 1632.
13. Sale of Crop. Action for Short Delivery and Damages. Absolvitor. Alexr.
Johnstoune at the Meikill Milne of Essilmont v. George Bruce, Saidler, burgess of Abd.
The case of the Pursuer was, that the whole grain crop of 1638, standing in the corn yard
of Meikill Milne of Essilmont, was, in February, 1639, sold to him by the Defender
at certain prices per boll, "as the same sould have been cassin be Patrik Ligertwood in
Bourhillis." Instead of casting the corn, which the parties found to be " fashous in
respect of the ewill wather," the Pursuer alleged that they guessed the quantity, a slump
price of 954 merks io/- being also agreed to, upon the footing that the guess was
approximately correct. It was farther alleged that the Defender promised that the
Pursuer should not be a loser by the transaction. According to the statement in the
summons the Pursuer lost heavily, and sued for the loss and for damages. The
Defender denied the promise on oath, and was assoilzied.
18. Exhibition and Delivery. (Incomplete.) Jean Ross, daughter and apparent heir
of Findlay Ross at the Brigend of Kinermitt and John Wallace in Colp, her husband v.
Andrew Home at the Brigend of Kinermit. The title deeds of Findlay Ross' croft at
the Brigend of Kinermit were sought for,
22. Removing. Mary Arbuthnott, widow of Alexr. Hay of Logitarrie and liferentrix
of the lands v. Isobel Rattray, widow of Wm. Hay, sometime in Nathertoun of
Crimmondgorth, still occupied by her. Sasine dated 7 June. 1619, Notary Wm.
Ogstoun.
25. Removing. Mr. James Forbes of Hauchtoune v. George Touche in Badivin,
John Gillaspie there and John Merschell in Fermtoun of Pulflug. Sasine dated I June,
1630. Notary Wm. Forbes.
27. Demolishing Farm Buildings. Patrick Leithe of Quhythauche with consent of
Mr. Patrick Andersone of Law and George Andersoune of Milntoune v. Alexr. Leith in
New Leslie, John Proctor in Duncanstoune and John Malcolme in Courtestoune. Sasine
of Courtestoune, dated 17 July, 1619, Notary Wm. Forbes. Sasine of Johnstoune,
&c., dated I September, 1614. Notary Alexr, Lillie. Expenses 4<D/- each.
475
Aberdeenshire Sheriff Court:
1640.
Mar. 31. Interest on Loan. Rights of Widow and Executor. Jean Scot, widow of
John Gordoun, sometime of Hiltoune, fiar of Buckie v. John Donaldson of Hiltoune.
When Donaldson borrowed from John Gordoune of Hiltoune the Pursuer's husband, on
30 May, 1638, the sum of 20,000 merks (to enable him presumably to purchase Hiltoune)
both Beatrix Urquhart wife of John Gordoune, the elder, of Euckie and Jean Scot, wife
of John Gordoune, the younger, Fiar of Buckie, renounced their rights of conjunct fee
and liferent in the Barony of Hiltoune and Kinharrochie. For the security of these
ladies it was agreed that, if John Gordoune of Buckie should predecease his son and be
survived by his wife, Beatrix Urquhart, the latter should have the interest of the 20,000
merks. If on the other hand, John Gordoune, the younger, should predecease his
father, then and in that case Donaldson should pay the interest to his wife, Jean Scot,
should she survive her husband. According to the narrative John Gordoune, the
younger, died in November, 1638, while his father was yet alive, and in possession of
the lands of Buckie. The dispute in the action was really about the half-year's interest
from Martinmas 1638 to Whitsunday 1639, which the Pursuer claimed, but which,
according to the Defender fell into executry, for the reason that John Gordoune's death
took place after Martinmas. Eventually decree was pronounced for interest from and
after Whitsunday 1639, the Pursuer reserving her right to sue de novo for the interest for
the half-year in dispute.
June 12. Removing. Thomas Crombie of Kemnay, Robert Keithe of Cowie and George
Mengzies, burgess of Abd. , as heritable proprietor of the lands v. Alexr. Simmer [or
Summer] in Denstoun, in the Parish of Sanct Machar and Katherine Thomsone there.
Particulars of Sasine left blank.
17. Removing. Andrew Phynnie, Bailzie of Peitterheid, heritable proprietor of the
lands v. George Cardno in Maynes of Crimond. The particular land from which the
Defender was ordained to remove was called " the Boig." Sasine dated 20 December,
1638. Notary Patrick Milne.
26. Removing. John Hay of Cremonmogait, heritable proprietor of the lands v. John
Hay in Rothnachie and other occupiers there. Sasine dated 28 May, 1619, Notary
Win. Ogstoune.
July 24. Removing. Alexr. Andersone of Tillikeirro, heritable proprietor of the lands v.
Win. Andersone in Standanstaines of Dyce. Sasine dated 20 June, 1633. Notary Mr.
John Chalmer.
31. Removing. Alexr. Gray in Torterstoune v. Win. Hay there. Hay, on 9 August,
1639, made over his crop and farm stocking and renounced his possession in favor of Wm.
Keithe in Collilaw and David Robertsone, Chamberlains to William, Earl Merschall.
who disposed and assigned the same to the Pursuer by Translation, dated 17 March,
1640.
Rents. Mr. Robert Burnet, Advocat, heritable proprietor of the lands, and James
Burnet of Craigmyll, his brother and Factor v. Wm. Layng at the Milne of Barflet,
Thomas Milne in Scotismilne, Mr. Henry Ross, Minister at Rainy, and others.
476
Decree Books : Vol. VII., Contents
1640.
July 31. Removing. John, Earl of Kinghorne and Glames, heritable proprietor of the lands
v. George Gardyne in Hoipishill, Patrick Milne in Dubfuird and Wm. Watson there ;
all in the Parish of Belhelvie. Sasine dated 6 November, 1617. Notary Wm. Gray.
Exhibition and Delivery. Mr. Robert Farquhar of Mownie, Bailzie burgess of
Abd. v. Patrick Rankin, servitor to Mr. James Baird, Advocat, and Mr. Wm. Chalmer,
Portioner of Wester Disblair for his interest. The Pursuer claimed to be in right of that
part of Disblair and Wester Fintray which had belonged to Mr. Win. Chalmer, and in
proof of title, produced Decree of Apprising, dated 27 May, 1635, and Sasine, dated
28 February, 1636. Notary Robert Merser. The writs, which were sought from the
Defender, who was stated to be at the date of the action resident in Abd., and which
were actually delivered up " in judgment," were the following : — (i) Charter under the
Great Seal, confirming two charters engrossed therein, viz. , (a) Charter by John, Abbot
of Lundores, with consent of Dean and Chapter to David Chalmer and Elizabeth
Chalmer, his wife, of 8 oxengait of Wester Fintray. etc., dated 8 April, 1557 ; (b) Feu
Charter by Patrick, Commendator of Lundores, with consent of Dean and Chapter
confirming a Charter therein engrossed, by Andrew Ilervie of Boyndis to Mr. Wm.
Chalmer, brother german of John Chalmer of Balbithan of parts of Wester Disblair,
dated 5 November, 1583 ; (2) Sasine of Mr. Wm. Chalmer, Portioner of Wester
Disblair (the Defender) proceeding upon Precept from Chancery and service as heir
of Mr. Wm. Chalmer, his father, dated 30 June, 1598. Notary Mr. Wm. Anderson,
Sheriff Clerk of Abd. ; (3) Copy of a Response from the Books of Exchequer referring
to the payment of feuduty, dated 12 June, 1598, and (4) Equies under the hand of the
Clerk Register, showing payment of feuduty by Mr. Wm. Chalmer, one dated I July,
1631, and the other dated 31 July, 1635.
29. Removing1. Dame Marie Erskeyne, Lady Merschall, liferentrix of the lands v.
(Out of Mr. George Leslie at Birsackmilne and other tenants of Tillibin, Drumnaheth, Hart-
date), hillis, Kintoir, Hill of Keir and Birsackmiln in the parishes of Skene, Kintoir and
Kinnellar. Sasine dated 25 and 26 January, 1627. Notaries Patrick Austean and John
Leslie. Decree passed at this court against Mr. George Leslie, who was ordained to
remove from Tartowie and Birsackmiln.
Octr. 17. Dame Marie Erskeyne, Lady Merschall v. the tenants of Tillibin, Drumnaheth,
&c., for whom defences had been lodged but afterwards passed from.
Sale of Oats. Decree Arbitral. Deterioration of Buildings. Barlaymen. i
Wm. Innes of Tibbertie v. Andrew Sellar, sometime in Belscamphie. The Pursuer had
sold to the Defender a quantity of oats, of which the price had been fixed by the overs-
men under a written submission, but had not been paid. A sum due for deterioration
of buildings as settled by " Barlaymen " was also decerned for.
Removing. Dame Marie Erskeyne, Lady Merschall v. John Mackie at the Mid
Milne of Kintoir.
I A Court of neighbours acting as Assessors or Referees.
477
Aberdeenshire Sheriff Court :
1640.
Novr. 25. Spuilzie. Andrew Birny, burgess of Abd. v. Alexr. Irving of Lenturk. The
subjects of the spuilzie were four oxen and a naig. The oxen were described as " tua
black ane scaikit ane uther tagat ane humbill and the rest hornit of fyve or sex yeires or
thairby." The naig was "beybroune." The wrong had been done so far back as
August, 1635, and the place from which the animals had been taken was Fowlis Mowat.
Decree passed for restoration, or payment of £,20 for each ox and 40 merks for the naig
" with tuentie pennies for the excrescent proffeittis of ilk ox daylie and thrie schilling
four pennies for the excrescent proffeittis of the naige daylie and ilk day from the last
day of August exclusive in the yeir of God I™ vie threttie fyve yeirs to the secound day
of Junij im vie threttie sex yeirs exclusive quhilk is the dait of the persewars lybellit
sumonds." Expenses £$.
II. Dot and Tocher. George Sealoune of Carnbrogie v. John Seatoune of Auch-
(Out of orthies. The Defender was ordained to pay to the Pursuer 6000 merks, which he had
date.) received in 1632 from Francis Ogilvie of New Grang for behoof of the Pursuer, as his
dot and tocher with Isobel Ogilvie, his wife, and daughter of Francis Ogilvie.
Expenses 4O/-.
Removing. Mr. Alexr. Reid, burgess of Abd. , heritable proprietor of the lands
of Nether Kildrimy called the Crofts, Latchlandis and Preistisriges and liferenter of
Invernettie v. John Brabner in Nether Kildrimy, Alexr. Malcolm there and Robert
Watsone in Invernettie. Sasine of the Kildrimy lands dated 9 November, 1600.
Notary Mr. Robert Reid. Liferent lease of Invernettie, subscribed by the late John,
Earl of Mar and by John, present Earl of Mar, dated n August, 1630.
Deer. 4. Rent. Escheat. Robert Irving of Fedderet, Donator to the escheit and liferent
of Mr. Alexr. Irving of Hiltoune v. Mr. Robert Jamesone in Litill Gowill. The rent of
crop 1638 was sued for, and the highest prices of victual of that year which had previously
been protested for, were liquidated by the evidence of three witnesses.
1641.
Jany. 8. Rent. Caution to Pay, Plenish, or Remove. Mr. Alexr. Jaffray of Kingis-
wallis, lait Provost of Abd. v. Normand Leslie in Auld Flinder and Richard Gordoune
in New Flinder. Sasine dated 10 March, 1637. Notary Wm. Simsone. Expenses^.
29. Removing. Alexr. Keithe, Portioner of Duffus v. Thomas Fraser in Mid Beltie,
Thomas Teat in Bandar, Wm. Chapman in Tillmachill, James Downy at the Milne of
Mid Beltie and James Walker at the Walkmilne thereof. Sasine dated 10 September,
1638. Notary Alexr. Duny,
Feby. 5. Supplement. Rent. Alexr. Andersone, Portioner of Durno, then of Standan-
staines v. Alexr. Cruikschank in Knowis of Durno. The rent crop 1636 and previous
years had been decerned for in a Court of the lands held on 23 May, 1637.
Supplement. Rent. Archibald Thomsone, Tailzior, burgess of Edinburgh v.
Alexr. Andersone of Tillikeirro and Wm. Andersone sometime in Logiedurno. Crops
1637 had been decerned for by an Act of Court of the lands of Logiedurno, Craigmilne
and Craigtollie on 27 March, 1638, which was given effect to, besides which there was
a decerniture for rent crop 1638. The Defender Alexr. Andersone had guaranteed the
rent for Wm. Andersone who had been the tenant. Expenses ^3.
478
Decree Books: Vol. VIL, Contents
1641.
Feby. 10 Forthcoming. Wm. Logane in Woodend of Inchmarloche v. Robert Irving in
Bandar and Alexr. Keithe, Portioner of Duffus, for his interest. On 22 March, 1639
[supra p. 470] the Pursuer obtained a Decree against Keithe, which he followed up by
arresting in Irving's hands on 12 May, 1639 and 20 November, 1640, the rents and
duties due by him for crops 1639 and 1640.
12. Forthcoming. James Bisset, son and heir, served to Wm. Bisset in Drumquhrenny
and James Blackball in Ley, his curator v. Mr. Wm. Burnet, Minister at Kinarny and
Thomas Wastland in Badintoothe for his interest. The Pursuer held a decree against
Alexr. Gordoune of Abirzeldie and Thomas Wastland, dated 15 June, 1638. [Supra
p. 453.] Mr. Burnet admitted liability for 12 bolls victual at 8 merks per boll.
March 5. Rent. John Seatoune of Auchorthies and Elspet Seatoune, heritable proprietors
of the lands in liferent and fee respectively v. Alexr. Gordoune of Carnborrow, Wm.
Mitchell in Garbreck, James Barclay in Blackhillis, James Norn in Nethir Balnacraig,
Andrew Malice in Boigheid, James Donald in Balnabothe, John Brabner there, George
Waynes [and] Isobel Waynes, widow of John Sim in Neuk, George Malice in Newtoun,
Arthur Mitchell in Cranfuird, Walter Spence in Boigforthe, John Gordoun in Brodland
and John Straquhan at the Miln of Carnborrow. Sasine dated 8 and 9 April, 1636.
Notary Wm. Thomsone. Expenses, 2O/- each.
17. Supplement. Abstracted Multures. A Millstone, etc. James Smithe at the
Milne of Auchmar v. John Malcolme in Newtoune of Knokaspak and John Cattoche in
Towie of Clat. Two Acts of Court of the lands of Drumgowand, Courtestoune and
Auchmar, were founded on. The claims against Malcolme were (l) for mill multures
and (2) for "ane Jack" valued at £16. Beside the twentieth peck for multure, there
was payable "ane haddische meill for ilk boll shilling for the millar his bannak and
seruice." By an Act of Court of the lands of Courtestoune, Jonstoune and Drumgowand,
Cattoche had been found liable for " fyve mcrkis for ane milnstaine."
Forthcoming. Henry Nicoll in Cortaines, Geillis Hoge, his wife, and James and
John Nicoll, his sons v. Sir Alexr. Irvine of Drum, knight, and Alexander and James
Blakhall, Portioners of Finnersies, and Mr. Robert Forbes, Minister at Eacht, for his
interest. On 19 November, 1633, Mr. Robert Forbes, then designed Portioner of
Finnersie, and Mr. Alexr. Forbes, his son, borrowed from the Pursuers 450 merks of
principal and granted bond therefor. What had been arrested was the Minister's
stipend.
19. New Tumors, i Alexr. Stewinsone in Pervinnes v. Wm. Merser in Auchrony.
The Defender was found liable in the " sowme of aucht pundis money confonne to the
said Wm. his awin depositioune of the sowme of threttie punds worth of new tumors
quhilk the said Wm. receavit from the said Alexr. to have outit them in the contrie."
i A Tumor was a copper coin equal to a Bodle, three Tumors being of the value of a
half-penny sterling.
479
Aberdeenshire Sheriff Court :
1641.
Mar. 26. Exhibition and Registration. Wm. Hay, burgess of Abd., and Marjorie
Robertsone, his wife v. Waller Robertsone, Common Clerk of the burgh of Abd.,
James Robertsone, burgess of Abd, son and heir of the late Walter Robertsone,
also burgess, and Margaret Wentoune, his widow. The Marriage Contract of the
Pursuers, dated II April, 1637, was produced by the Common Clerk and there and then
registered for execution against the heir.
31. Rent. Caution to Pay, Plenish or Remove. Mr. Wm. Burnet, Minister at
Kinerny v. John Chalmer, sometime in Couper Grange, then in Muirtoun of Sauchin.
The Pursuer had let to the Defender a plough of Muirtoun of Sauchin for five years from
Whitsunday, 1639 ; but he had deserted his holding.
June 2. Registration. Janet and Margaret Chalmer, daughters and co-heirs of Robert
Chalmer, burgess of Abd., and Mr. Hew Irving of Beildsyd, husband to Janet, and
Alexr. Chalmer of Drymmes, curator to Margaret v. John Kemptie, burgess of Abd.,
and John Duffus, burgess there. A Bond by the Defenders for loo merks of principal,
dated 3 February, 1638, was ordained to be registered,
Copper. Charles Robertsone, burgess of Abd. v. John Thomsone in Garthe.
17 Ibs. 7 oz. of copper had been sold for £\"j 8/8.
Rent. Mr. Thomas Gray, Bailzie, burgess of Abd. v. Thomas Sangster in Tilli-
corthie, who had occupied Ower Ranishill crop and year 1639.
Wrongous Intromission. An Iron Pistol. Alexr. Sandesone, Messenger in
Auld Abd. -'. Donald Urquhart there, Robert Ross there, James Milne at the Milne of
Ferrihill, John Robertsone, " Sojour under Capitan Sutherland in the regiement of
John Lord Sinclair Collonell," and Wm. Rob, Wricht in Abd. The claim was pressed
against Rob only. The Pursuer's value was ^40, but only 20 merks was decerned for,
after evidence had been led.
4. Registration. Alexr. Hendrie, burgess of Abd. v. Patrick Gordoun, elder, of
Kincraigie, and Thomas Gordoun, his son. A Bond, dated at Gartlie, 26 June, 1637,
for ^42 of principal.
23. Forthcoming. James Smithe, Merchand, burgess of Abd. v. Mr. Robert
Farquhar, Bailzie, burgess of Abd., and Wm. Maitland of Monleattie, for his interest.
Maitland and Patrick Mortimer at the Milne of Aden were liable equally to the Pursuer
under a Bond, dated 3 December, 1637, for 70 merks. How Farquhar came to be
Maitland's debtor was not disclosed.
25. Abstracted Multures. John Cruikschank, burgess of Abd., heritable proprietor
of Medapill, multures and knaveship thereof v. George Rait of Meikill Follay.
Abstracted multures for the years 1636 to 1640 inclusive were claimed. The 1 8th peck
was due in the case of this mill.
Merchant's Accounts. John Cruikschank, burgess of Abd. v. James Forbes in
Drumrossie and 18 other persons, mostly in that neighbourhood. Expenses 6/8 each.
480
Decree Books: Vol. VH.t Contents
1641.
June 25. A Fingring Plaid, &c. John Duff, burgess of Abd. v. Janet Makie, widow of
James Hucheoun in Innerouric. Decree passed for inter alia " ane fingring plaid
aucht pundis Mair for liningis and bandis pearlit and unptarlit ten pundis."
30. Removing. Wm. Innes of Tippertie, Taxman of the lands v. Wm. Sellar, lawful
son of Andrew Sellar in Auchmade. The Pursuer had a lease of the sunny half lands of
Belscamphie from Elizabeth Keythe, widow of Wm. Leask of that Ilk and liferentrix
thereof, dated 9 June, 1637. The Defender was in occupation of these lands under lease,
dated 2 April, 1639 and registered in the Books of Council and Session 12 September,
1640.
July 2. Removing. Robert Keith, Writer to the Signet, heritable proprietor of the lands
v. George and Alexander Summers in Denstoune, in the Parish of Sanct Machar. Date
of Sasine not given.
A Pistol. Sir Alexr. Gordoune of Cluny v. John Straquhane in Waster Eacht.
The pistol as " stokit with brass " and valued at ^40, was said to have been taken from
Sir Alexander's house in Auld Abd. Expenses 53/4.
7. Removing. Alexr. Udny in Ochterellone v. Wm. Adamsone in the Undertoune
or Youndertoune of Ochterellone. Sasine dated 2 September, 1623. Notary Mr.
Robert Petrie.
Removing'. Isobel Leask, widow of Adam Gordoun of Knapis Leask, liferentrix
of the lands and Patrick Mowat of Sungzie, her husband v. Mr. Patrick Hay occupier
of the lands of Knapis Leask alias callit Leaskis Grunzeon, in the Parish of Slaynes.
Sasine dated 29 June, 1614. Notary Gilbert Tailzior.
14. Loan. Mr. John Chalmer, Shreff Clerk Deput of Abd. v. George Deanes in Ley-
ludge. The Defender had borrowed 100 merks from Gilbert Love in Leschangzie some
twelve years before the action was raised. The Pursuer's title was an Assignation by
Love, dated 3 July, 1641.
Supplement. Fines for taking Peats, Absence from Court, &c. John
Forbes of Aslowne v. George Touche in Badivin and a number of others who had broken
the estate Regulations for the Peat mosses. Two Acts of Court dated respectively I and
10 June preceding were produced.
1 6. Supplement. Rent. Alexr. Chalmer of Balnacraig v. Wm. Elmslie in Cloak.
By an Act of Court of Balnacraig dated 29 March, 1641, the Defender had been found
liable for the rent of Balnacraig crop 1639 and half of Upper Balnacraig crop 1640.
Removing. Sir Paull Menzies of Kinmundie, knight v. Alexr. Irwing, occupier
of the lands of Kinmundie. Sasine dated 8 June, 1629. Notary Walter Robertsone.
PPP 481
Aberdeenshire Sheriff Court :
1641.
July 1 6. Removing. William, Earl Merschall, Lord Keithe and Altrie, etc., heritable
proprietor of the lands v. Sir Wm. Keithe of Ludquharne, knight, Wm. Hay in Bogin-
johne and James Innes in EIrick. The Defender Sir Wm. Keithe was ordained to
remove from the lands of Boddome, Seatoun, Newlands of Stirlinghill, Blakhous,
Conziak, Auldmad, Badforskie, Boginjohne and EIrick, and the other Defenders from
Boginjohne and EIrick. Sasine dated 10 November, 1637. Notary Mr. Wm. Sharpe.
Forthcoming'. Thomas Robertsone, Cordoner, burgess of Abd. ;;. Sir Wm. Forbes
of Craigivar, knight barronet and Adam Wat in Netherbigging of Auchorthies, for his
interest. By Bond dated 30 June, 1634, and recorded in the Sheriff Court Books on 17
November, 1640, Wat became bound along with James Leslie of Auchorthies to pay the
Pursuer 400 merks of principal, with interest and penalty. Sir Wm. Forbes was
ordained to pay IOOO merks arrested in his hands.
21. Rent. James Forbes of Cloak v. John Wallace in Tilliriauche, who had occupied
eight oxengait of Tilliriauche in the Parish of Touche crop and year 1639.
Wool, etc. John Allardes, burgess of Abd. v. Wm. Thomsone in Brukillis.
The Pursuer obtained decree for ^82, being the balance due for " certane wooll and
guid and sufficient waires coft and rcceavit " in October, 1640, and which were to have
been paid at " Fasterns ewin and Midlentron fair," 1641.
Removing. Alexr. Keithe of Midbellie v. Thomas Fraser in Midbeltie and
James Walker at the Walk Milne of Midbeltie. Fraser was in occupation of the Maynes
of Midbeltie and Walker of the Walk Milne. Sasine dated 10 September, 1638.
Notary Alexr. Duny.
28. Interest on Bond. Deduction of Tax. John Lumsdene of Tillicarne v. John
Leithe of Quhythauche, as heir of Patrick Leithe of Quhythauche, his father, and his
Tutors and Curators, if any, for their interest. In 1630, the Defender's father, along with
Arthur Forbes, son of Abraham Forbes of Blaktoune, John Leith of Harthill and John
Forbes, brother of the said Arthur Forbes, had granted a Bond to the late Mr. Robert
Lumsden of Auchinlek and Margaret Lumsden, his wife, and the longest liver, etc., for
jooo merks. After Mr. Robert Lumsden's death, his widow married Alexr. Calder,
then in Logiroow, who, being due 200 merks to the Pursuer, assigned the annual rent of
the 1000 merks liferented by his wife in security and for payment of that sum, interest
and penalty. By this decree, the Defender John Leithe, as heir to his father, was found
liable in "the sowme of four scoir merkis money for the annual rent of the said sowme
of ane thousand merkis fra Mertimes," 1639, to "Mertimes," 1640, "deduceand
thairoff the sowme of aticht merks money for the tent pennie of the said yeir's annual rent
conforme to the Actis of the Estaitis." The half-year's interest from Martinmas, 1640, to
Whitsunday, 1641, was also decerned for.
Abstracted Multures. Gilbert Walker in Pottertoune v. Wm. Couper in Colpnay
and a large number of others, who for various years past had not been grinding their
corns at Milne of Pottertoune.
482
Decree Books : Vol. VIL, Contents
1641.
July 30. Loan. David Aidie, burgess of Abd. v. Wm. Hay of Delgatic, as heir to his father,
Sir Alexr. Hay of Delgatie, who had granted a Bond to the Pursuer for ,£400, dated
30 May, 1629, and recorded in the Books of Council and Session on 17 December,
1634. The cautioners on the Bond were John Leithe of Auchlie and James Hay
of Muiriefauld.
Registration. David Aidy, burgess of Abd., " Assigney constitut be Mr. Andro
Aidy, sumtyme principall of the College Marischall of New Abd." v. Wm. Hay of
Delgatie, as heir of his father, Sir Alexr. Hay of Delgatie. There was ordained to be
registered for execution at the instance of the Pursuer, a Bond for 2000 merks, dated
6 June, 1631, granted by Sir Alexr. Hay as principal, and John Hay, Bailzie burgess
of Abd., James Hay of Muiriefauld and George Hay of Aucharny as cautioners, in favor
of Mr. Andrew Aidy and Margaret Blakburne, his wife. To this Bond the Pursuer had
acquired right by Assignation, dated 22 May, and registered in the Sheriff Court
Books, i July, 1641.
Removing1. Robert Gardyne of Tillifroskie v. John Tumor and Wm. Smith,
occupiers of Kirktoune of Birss. Sasine dated 15 June, 1632. Notary Alexr. Dunie.
Augt. 17. Meal. John Leilhe of Bucharne z/. Wm. Layng in Asswanlie. An account of
£12 for meal sold, with 3O/- of expenses.
24. Horse Sickness. Liability of Neighbour. James Gordoune in Wrayis, fiar of
Knokaspak v. John Weir in Wrayis. The Pursuer's case was that the Defender had a
mare suffering from a horse sickness called mortiecheyne, which he warned him to put
away, otherwise he would hold him liable for damages if his horses got infected. In
the result, according to the summons, two of his mares and a horse died, and three
others suffered. Damages were given, with ^4 of expenses.
Alteration of Sum in Bond. Reference to Creditor's Oath. Wm. Andersone
in Crabstoune, as heir of Arthur Andersone in Mellingsyd v. Michael Hay in Williams-
toun. The deceased Arthur Andersone, on 31 August, 1631, granted a Bond to the
Defender for 100 merks and one dollar ; but the sum in the Bond had been altered
to 200 merks. The object of this proceeding was to prove the true indebtedness out of
the creditor's mouth, who deponed that the sum due was 100 merks and a dollar with 10
merks of interest, and not 200 merks as now appearing on the face of the Bond.
25, Rent. Janet Cheyne, Lady Schethin, lifercntrix of the lands v. Donald Urquhart,
sometime in Schethin then in Carnhill. In 1637, and prior to that year, the Defender
had occupied the third part of the Mains of Schethin.
28. Agreement for Maintenance of Children. Alexr. Lyon in Darrahill v. Andrew
Johnstoune in Wastburne. According to the narrative, George Walker at the Miln of
Ardo died, leaving two pupil sons. His widow married again, and this decree was
necessary to enforce an agreement by the step-father to grant two Bonds for 80 merks
each, to provide for the maintenance of the children.
483
Abcrdeenshire Sheriff Court :
1641.
Augt. 31. Rent. An Old Claim. Alexr. Irwing of Fortrie v. George Johnstoune, sometime
in Quhytcarnes, then in Lamermoor of Arnage. The Defender had been tenant to the
Pursuer of four oxengait of Quhytcarnes in the years 1626, 7, 8 and 9. Expenses £4.
Septr.24. Rent. Jean Curror, lawful daughter of David Curror of Fingask v. Patrick
Whitson in Fingask. The Pursuer was entitled, by virtue of an Assignation from her
father and Cristiane Curror, her mother, to the rents of the West third part of the lands
of Fingask in the parish of Fraserburgh, occupied by the Defender for crop and year
1640. The highest prices of grain had been protested for and were allowed.
Octr. 5. Loans. Sir James Gordoune of Lesmoir, knight baronet, " pronevoy," and heir
of the late Sir James Gordoune of Lesmoir, knight baronet, his grandsire, and executor
nominated and confirmed to him, and John Leithe of Bucharne, his tutor dative, for his
interest v. George, Marquis of Huntlie, as heir of the late George, Marquis of Huntlie,
his father. On 10 August, 1632, the Defender and his late father granted a Bond for
26,000 inerks in favor of William Dick of Braid, Merchund, burgess of Edinburgh, to
one half of which the late Sir James Gordoune acquired right by assignation dated 2
March, 1636. By another Bond, granted by the late Marquis, as principal, and Robert
Gordoune of Cowdrain, the said John Leithe of Bucharne, James Duff of Bade, John
Spens of Bruntstaine, John Gordoune of Carnfeild, John Gordoune in Nether Buckie
and Andrew Stewart in Tannachie, as cautioners, dated 15, 16, 17 and 28 July, 1634,
they became bound to pay 13,000 mcrks to the late Sir James Gordoune. On produc-
tion of his own Service, extracts of the Bonds and Assignation, of the Service of the
Defender, as heir to his father, and executions at the market cross of Edinburgh and
pier and shore of Leith (in respect of the Defender's being " furthe of the cuntrie ") the
Pursuer obtained decree for both sums of 13,000 merks, and further large sums of
penalties and past due interest.
Loan. Mr. Wm. Leslie, principal of the " Kingis Colledge of Auld Abd.,"
formerly designed Wm. Leslie, lawful son and " onlie barne procreat betwixt umquhill
Mr. Alexr. Leslie, parson of Rothes and umquhill Jean Hervie, his spouse " v. Wm.
Gordoune of Terpersie, as heir to the late George Gordoune of Terpersie, his father.
This decree related to a sum of 12,000 merks which had been at one time lent on
wadset over the lands of the Kirktoune of Clat, belonging to James Gordoune of
Knokaspack. When the loan was paid up by him, the Pursuer was a minor, and so
James Kinnaird, portioner of Middiltoun, his step-father, along with the father of the
Defender and James Innes of Drynnie became bound to relieve the Laird of Knokaspack,
and to warrant the payment of the money to the Pursuer on the expiry of the liferent
of his mother, Jean Hervie. This event occurred on her death taking place in March,
1639, and the Pursuer obtained this decree against the Defender, as the heir of his
father, who had become liable as above set forth.
6. Rent. John, Earl of Kingorne, and John Udny of Belhelvies, his Chalmerlain v.
George Dowertie, sometime in Easter Ardo, and then in Blairtoune. The rents of
Easter Ardo for the years 1634 to 1637 inclusive were decerned for.
Decree Books : Vol. VILt Contents
1641.
Novr. 3. Loan. Gilbert Kirk wood of Pilrig and Sir Alexr. Foullis, younger, of Collingtoun,
George Foulis of Ravelstoune, Mr. Adanie Hepburn of Humbye, Mark Cass of Cokpen,
his curators ad negotia, and Robert Hepburn, Advocat, his curator ad lites v. George,
Marquis of ITuntlie, for himself and as heir of the late Marquis, his father, and Alexr.
Gordoune of Aberzeldie. The Pursuer was in right of three Bonds, viz.: — (i) Bond by
the Marquis as principal, and his late father as cautioner, in favor of Gilbert Kirkwood
of Pilrig, Goldsmith, burgess of Edinburgh, the Pursuer's father, for ,£35,526, dated
3 August, 1630, and payable at the first term of Whitsunday or Martinmas after the
death of the first Marquis, with interest after that term ; (2) A Bond by the Marquis
of Huntlie, then Lord Gordoune, in favor of the said Gilbert Kirkwood for the interest
of the above mentioned sum at the rate of ^3052 per annum up to the date of payment
of the foresaid Bond, dated the said 3 August, 1630 ; and (3) Bond by the Marquis,
then Lord Gordoune, as principal, and Alexr. Gordoune of Aberzeldie in favor of Mark
Cass of Cokpen, son of the late Richard Cass of Fordell, for the sum of ^"5900, dated
22 December, 1632. For these sums, with large additions by way of penalties and
accrued interest decree passed against the Marquis of Huntlie and Gordoune of Aber-
zeldie in terms of their respective obligations.
26. Rent. Andrew Phinny in Peitterheid v. John Gray in Blakhous, James Layng
there, Marjorie Davidsone there, and Alexr. Rickart, her husband. The Pursuer had
an assignation from Alexr. Keithe of Balmuir to a considerable sum of back rents due
by the Defenders and vouched by accounts subscribed by them.
Deer. 3. Wrongous Intromission. Alexr. Irving, natural son of the late Alexr. Irving of
Lenturk and Alexr. Irving of Glassill, his tutor v. Thomas Fraser in Bandar, Thomas
Tail there and Wm. Fraser in Craigtoune. The deceased had, by Disposition dated 6
December, 1639, made over to his pupil son (borne to him by Janet Wallace) all his
personal and moveable estate, parts of which the Defenders had taken possession of.
Exhibition. The said Alexander Irving and his tutor v. Robert Lumsden of
Clova, who was ordained to produce and did produce and deliver to Alexr. Irving the
tutor, no fewer than 22 Bonds and other documents of debt relating to the deceased's
estate and affairs.
Removing. Objection to Sitting Sheriff Depute. Procedure. Sir Alexr.
Irving of Drum, knight, as heritable proprietor of Wester Beltie Torphines and Sondayis-
wallis, being part of the lands of Beltie Gordoun in the Barony of Cluny by annexation
v. John Findla in Wester Beltie and others. Sasine dated 10 January, 1631. Notary
James Ross. In this case Mr. William Davidson of Carny the sitting Sheriff depute
was challenged as a judge " not competent " in as much as he was a servant and adviser
of the Pursuer. He himself found this to be a relevant defence, and it was referred to
his own oath, which being negative he repelled the defence and pronounced decree.
The procurator for the Defenders protested for remeid of law and reduction.
485
Aberdeenshire Sheriff Court
1641.
Deer 8. Registration. Charles Dune, Litster, burgess of Abd., present Collector to the
Kirk Sessioun of Abd. v. Sir James Gordoune of Lesmoir, as heir to his great-grand-
father, also Sir James Gordoune of Lesmoir and John Leith of Bucharne his Tutor
Dative. A Bond for 1757 merks, granted by the deceased baronet in favor of Edmond
Gradane in Logic and Janet Gordoune, his wife, dated 23 April, 1635, anc' assigned to
the Pursuer in 1641 was ordained to be registered for execution against the Defender.
Among the witnesses to the Bond was Mr. Wm. Stewinsone, Minister at Gamrie.
Supplement. Rent. Alexr. Gordoune of Carnborrow v. Patrick Gordoune in
Dalnacraige. In a Court of the lands held on 24 November, 1640, the 'Defender had
been ordained to pay rent for Balnacraige for the years 1638, 1639, and 1640 and for
Wastfaulds for the years 1638 and 1639.
Transferring. Marjoiie Inglis, widow of George Peacok, younger, Apothecar,
burgess of Abd. and wife of Paull Collinsone v. Sir James Gordoune of Lesmoir, as heir
of his great-grandfather and John Leith of Bucharn, his Tutor. By decree of the Sheriff
Court, dated I June, 1636 [supra p. 418], two Bonds had been ordained to be registered
for execution at the instance of the female Pursuer as Executrix of her husband for
execution against Sir James, the elder. These were (i) A Bond dated 23 November,
1633, for 170 merks on which he had been cautioner for George Leslie of that Ilk and
(2) A Bond of the same date for ^150, where Leslie was principal and Sir James
Gordoune cautioner. The object and effect of this further decree was to transfer the
former decree of Registration passive in the person of the Defender, as heir of his great-
grandfather, so that the same execution might pass at the Pursuer's instance against him,
as might have passed against Sir James Gordoune, the elder.
1642.
Jany. 5. Forthcoming. Henry Nicoll in Cortans, Jellis Hog, his wife, and James and John
Nicoll their sons v. Sir Alexr. Irving of Drum, Alexr. Blackball, Portioner of Finersie
and Mr. Robert Forbes, Minister at Eacht, for his interest. This decree proceeded
upon arrestments of the Minister's Stipend payable by Sir Alexr. Irving and Blackball
from their lands in that Parish to the Minister crop and year 1641 [vide supra p. 479]-
486
Illustrative Examples taken from Vol. VIL of Decree Books
Rent, &c*
(u Jany 1639)
THE SAID DAY anent the actione and caus persewit at the instance of
Alexr Mill in Beildsyid agains Wm. Thome thair TUITCHING the
persewars clame askeing at the said defendar four punds maill of thrie
huiks land quhilk sould haue beine payit at Mertimes last Mair four
pundis sex schillingis aucht pennies for ane huiks fie Mair four pultrie
foulls at thrie schillingis four pennies the peice Mair tuentie sex schillingis
aucht pennies for inlack of tua servands ane day in harvest and tua in
peittyme Mair fourtie schillingis for thrie dayis of his horss in peitleiding
Mair ane pair of shoone promeist be him for keiping of his guids in
hervest last pryce thairof aucht schilling Mair tuentie schillingis for ane
firlot of aits for ane nicht lair of his horss in harvest im vic thrcttie sevvin
yeiris Mair tua schillingis sex pennies for half ane peck aits eatin be his
horss immediatlie befoir the said harvest Mair sewin schillingis sex
pennies for ane peack & a halff of aitis for ane nicht lair of tua horss cropt
lm vic threttie aucht yeirs as in the said persewars clame at mair lenth
is contenit COMPEIRIT Alexr Thomsone pror. for the said persewar and
produceit ane summonds dewlic execut and indorsat to this day agains
the defendar to giw his aithe of vveritie upon the contends of the said
persewars clame referrit thairto be the said persewar with certificatioune
pro confcsso and desyrit the said claim to be hauldin as confest agains
the said defendar and the said defendar COMPEIRAND personallie and
being solemnlie suorne and examinit confessit that he was restand to the
persewar the saids [soume] of aucht punds sex schillingis aucht pennies
for the maill of thrie huiks land and for ane huiks fee Item thretteine
schillingis four pennies for four pultrie and siclyk confessit that he was
restand to the persewar aucht schillingis four pennies onlie for the inlack
of tua servantis ane day in harvest and als the soume of ten schillingis
for the inlack of his horss labour thrie dayis in peitleiding last And als
aucht schillingis for the pair of schoone promeisit be [him] for the keiping
of his guids And in lyk maner confessit that he was restand to the
persewar tuentie schillingis for ane firlot of gryt aitis eatin be the de-
fendaris horss of the persewars cornes in harvest lm vic threttie sewin
yeiris Item tua schillingis sex pennies for half ane peck aitis eatin be
the said defendars horss immediatlie befoir the said harvest And als
the soume of sewin schillingis sex pennies for ane peck and ane half
487
Aberdeenshire Sheriff Court :
peck aitis eatin be the defendaris horss of the persewars cornes cropt
im vic threttie aucht yeiris And denyed the haill remanent contends of
the persewars clame In respect quhairof the SCHIREF DEPUT decerned
[against the defender in terms of his confession and quoad ultra assoilzied
him].
Supplement* Fines for taking Peats* Absence from Court. &c.
(14 July 1641)
THE SAID DAY John Forbes of Aslowne agains George
Touche in Badivin, Wm. Jamesone in Elrick John Garioche in Endovvie,
Johne Walker in Aslowne, Wm Grein in Argaithin Johne Forbes in
the Muir [and a number of other tenants in Badivin, Elrick, Endovvie,
Aslowne, Ardgethin and the Muir] TuiTCHlNG the
persewaris lybellit summondis MAKAND MENTIOUN That quhair in
ane Act of the Court of the said lands of Aslowne hauldin upone
the first day of Junij last be Thomas Dauidsone Bailzie and Wm
Forbes notar publict Court Clerk it wes statut and ordanit for keip-
ing of the peitis within the moss unstowin and takin away if any
man suld be challengit and prowin agains him that he took any
peitis not apperteining to himselff or sauld any to any uther without
libertie to any uther without the ground he sould pay ten pundis toties
quoties Lykas [be] wertew of ane uther Act of the dait the tent day of
Junij last George Touche and Johne Gillespie tennentis in Badivin ar
convict of thair aw in confessioun of taking off peitis out of the mossis
of Meikill Endowie but libertie of the owneris and giwing peitis to Jon
Hendersone in Ouhythanche and thairfoir is in ten punds money ilk ane
of them Item James Wittar there is convict of his awin confessioun for
giving peitis furthe of the ground and for his menes taking peitis furthe
of the moss without warrand is amerciat in ten pundis Item Andro
Smithe thair is convict for bothe giwing and taking of peitis furthe of the
said moss contrair to the said former Act in ten pundis for ilk ane of the
saidis factis Item James Gellie thair is amerciat in alsmcikill for the
saids factis Item James Mackie Johne Hendersone Alexr Mathesone
Wm Jamesone in Elrick Johne Gareoche and Patrick Forbes in Endowie
Johne Walker and Georg Bonnar in Aslowne is amerciate ilk ane of
them in fourtie schillingis for absence from his Court Item Wm
Ingrahame in of his awin confessioun is amerciat for taking of
peitis furthe of the said moss contrar to the said Act in ten pundis Item
Johne Patersone and Jon Coupland thair ar amerciat for giwing of peitis
out of the ground and for taking of peitis to fill up thair leitis of peitis
and Alexr Coupland for taking of peitis to fill up leit peitis in ten pundis
Decree Books: Vol. VIL, Illustrative Examples
ilk persone Item Jon Kar Wa Grein in Argeithin James Ross Jon
Forbes and Johne Forbes in the Muir and Alexr Robertsone ilk ane of
them unlawit in fourtie schillingis for absence from the saids Courtis
Item Wm Duncan in is amerciate for taking peitis from his
guidsones stak in ten pundis [The Sheriff depute interponed authority
to the Acts of Court and ordained precepts in supplimentiun jnsticicz to
be issued for enforcing them].
Horss Sickness* Liability of Neighbour.
(24 August 1 64 11)
THE SAID DAY anent the actioun and cans persewit at the instance of
James Gordoune in Wrayis fiar of Knokaspak agains Johne Weyr [Weir]
in Wrayis TuiTCHlNG the persewaris lybellit sumondis desyring the said
defendar . . . decernit . . To pey and delyuer to the said
persewar the pryces of sex horss and meares thairof thrie horss and thrie
mearis pryce of the peice ovverheid threttie pounds And that be reasson
in this instant yeir of God lm vic fourtie ane yeiris or thairby the said
persewar cam to the said defendar his awin hous in presens of famous
witnessis and declairit to him that the said defendar haid ane mear that
haid the mortiecheyne being his narrast nichtbour and desyrit him to
put away the said mear that nichtbours might be skaithles of thair guids
of that effectioun and this the persewar desyrit him ane quarter of ane
yeir befor that his horss and meares wer infectit quhilk he refuisit to doe
quhairupon the said persewar protestit agains him for all his indemnitie
and tuik honest and famous witnessis at that tyme upone his refuisall
And trew it is that since the tyme of his protestatioune agains him sex of
his horss and meares ar infectit and tua meares and ane hors deid and thrie
leivand yit casting and will mak na stead of the pryces above wreittin
infectit all be the said defendar's mear quhilk wes infectit with ane
contagious seiknes and quhilk the defendar wald not put away his mear
being knawin to have bein so infectit and deteinit be him and thairfor
the premissis being found of weritie and sufficientlie prowin befor us To
heir and sie himself decernit to have done wrong thairthrow And also to
pay . . . The said persewar COMPEIRAND [by his procurators]
. . . the defendar not compeirand . . . THE SHERIFF DEPUTE
forsaid . . . DECERNES the said defendar to pay and delyuer to
the said persewar the sowrne [? lybellit] for the pryce of ane blak mear and
twentie punds as the pryce of ane broun mear both infectit with the
I This Court being held in tempore feriato, i.e., vacation for harvest, was so held in virtue
of Letter of Dispensation from the Supreme Court.
QQQ 489
Aberdeenshire Sheriff Court
diseas lybellit and deid be the said infectioun togidder with the sowme
of fourtie pundis money as the pryce of ane gray hors all perteining
to the said persewar and infectit be the said diseas .... with
four punds for expenssis of pley [&c. &c.]
Removing* Objection to Sheriff Depute. Procedure.
(3 Deer 1641)
[This was an Action of Removing brought in the Sheriff Court, at the
instance of Sir Alexr. Irving of Drum, who was Sheriff Principal, against
tenants of Wester Beltie, in which Mr. William Davidson of Carny, whose
original appointment as Sheriff Depute proceeded from the Sheriff
Principal, granted decree. The Defender's pleas, and how they were
disposed of will appear from the following excerpt from the decree].
BECAUS it was alledgit be the said Mr Alexr Davidsone pror. for the
saids defendaris that the said Mr Wm Dauidsone Shreff deput could not
be judge competent to this actioun becaus he is servand to the Laird
Drum and lies land for his service of him consulter and doer of all his
effaires and also consulter and advyser anent his right and contraversie
anent the lands lybellit betuixt him and Straloche and his wyff I and
altogidder partial! sua is suspect quhilk declinatour being fund relevant
be the said Shref deput wes be him admittit to the said defendars
probatioun and the said defendar being desyrit to werifie the samen
instantlie The said Mr Alexr Dauidsone pror. foirsaid Referrit the
weritie of the said declinatour to the said Shref deput his aithe Quha
deponit that he was nather deput to the Laird Drum nor haid any landis
off him for service nor any pensioun of him nather did he consult with
the Laird Drum anent this proces In respect quhairof and that the said
persewar instantlie werified his said lybellit summondis [here follows
repetition of decree].
I Mr Robert Gordoune of Straloche was married to Katherine Irving, daughter of Alexr.
Irving of Beltie. Vide Judicial Ratification by her 7 Deer 1642 infra.
49°
The Decree Books: Vol. L, Part II., J 633-44.
In the introductory notes to the first part of this Book of Decrees
{Vide Vol. I., p. 375) it was stated that it was very sharply divided into
two parts, of which the second consisted entirely of Decrees of Transumpt.
In accordance with the attempt which has been made to place the
different volumes, as far as possible in chronological order, it has been
thought suitable to take up the second part at this point. It is true that
it begins in 1633 ; but then the latest date is in 1644, which is later than
that of any volume which has as yet been dealt with.
491
Table of Contents of Vol. L of Decree Books. Part II.
1633.
Mar. 29. Title Deeds of the Teind Sheaves, &c., of Inverurie. Thomas Crombie of
of Kemnay, George Leslie, Win. Johnstoun, and James Fergous, Bailzies of the Burgh
of Enrwrie for themselves and in name and behalf of the heritors, burgesses, and com-
munitie of the said Burgh v. Sir George Johnstoun of that Ilk, knight baronet, and all
others having or pretending interest. The decree, containing as it does, a full trans-
cription of all the writs, covers 50 closely written pages of the original, running, according
to the Editor's estimate, to about 30,000 words. Only the following brief list is possible
in this place. (i) Tack and Assedation of the Teynd Scheawes of Enrwrie landis
thairof milne lands and Davoch landis of the samen granted by Patrick, Commendator
of the Abbey of Lundoris in favor of Alexr. Irwing, Feir of Drwm for life and three 19
years thereafter for payment of ^"24 Scots yearlie, dated u May, 1593. (2) Tack by
the same to the same for three liferents and three 19 years, dated 8 July, 1615. (3)
Ratification of the first Tack containing Procuratory for Resignation in the hands of the
Crown, dated 8 July, 1615, and registered in the Books of Council and Session 5 Octr. ,
1616. (4) Instrument of Resignation dated II Deer., 1617. Notary Alexr. Blair. (5)
Crown Charter under Great Seal thereon to the said Alexr. Irwing of same date. (6)
Precept of Sasine under the Quarter Seal of same date. (7) Instrument of Sasine dated
30 Deer., 1617. Notary George Barclay. (8) Assignation by the said Alexr. Irwing
to Sir Alexr. Irwing, younger, of Drum and Magdalen Scrymgour, his wife, of the two
Tacks above mentioned, dated 8 May, 1623. (9) Their Instrument of Sasine upon the
Teind Sheaves of Forglen and others dated 4 and 8 Jany., 1621. (10) Instrument of
Sasine of the "said Teind Sheaves" in favor of Sir Alexander Irwing and Dame
Magdalen Scrimgour, dated I Deer., 1624, and registered in the Register kept by the
Clerk of Register for the Sheriffdom of Abd., 22 Deer., same year. Notary Thomas
Bruce, (i l) Disposition of the "said Teind Sheaves >: (on which no infeftment followed)
by Sir Alexr. Irwing, with consent of his wife and of his father, in favor of Sir Wm.
Dowglas of Glenbervie, knight, dated 9 and 12 May, 1623. (12) Translation of the
Tacks of the said Teind Sheaves in favor of Sir Wm. Dowglas of the same date. (13)
Extract Judicial Renunciation by Dame Magdalen Scrimgour taken before the Sheriff
of Banff, dated 14 May, 1623. (14) Two Dispositions and Assignations by Sir Wm.
Dowglas in favor of the said Thomas Crombie of Kemnay, one proceeding upon the
heritable Disposition of the Teind Sheaves and the other upon the two Tacks Nos. (i)
and (2) above mentioned, both dated 22 June, 1624. From the narrative it would
appear that Crombie of Kemnay had sold to the Burgh the Teind Sheaves of the Burgh
roods, and that it was part of the agreement that, while Sir George Johnestoun should
be the depositary of the Original writs, the two parties interested should get authentic
copies by way of a Decree of Transumpt.
492
Decree Books: Vol. L, Part EL, Contents
1633.
Novr. 16 Instrument of Sasine of the Marquis of Huntly's Lands. George, Marquis
of Iluntlie, etc. v. William, Earl Merschel, etc., Arthur, Lord Forbes, etc., and all
others having or pretending interest. The narrative in this case bore that the Marquis
had various actions against the Defenders and others depending in the Court of Session,
and the Sheriff and the Commissary Courts, in which production of his title to his whole
estates was necessary, and that there being only one copy of his Sasine it could not be
produced in all these judicatories. The conclusion was for a proof of the genuineness
of his Sasine by the examination of witnesses, who could prove the authenticity of the
signatures of Wm. Bruce and Mr. John Grantullie the notaries thereto, who had both
died and thereafter for transumpt into the books of Court. The date of the Sasine
was 9 April, 1582, and the witnesses called to prove its authenticity were Mr. Alexr.
Irwing and Mr. Andrew Clerk, both Advocates in Abd.
1634.
March Title Deeds of Johnsleyes, Drymmies, &c. John Gordoun, younger, of
Craig v. Sir James Gordoun, elder, of Lesmoir. The deeds said to be in the possession
of the Defender and which were exhibited and trans-sumed were (i) Charter by the late
Wm. Gordoun of Auchindoir in favor of John Gordoun, his son, and the heirs male of
him and Lilias Barclay, his wife, &c., &c., of the lands of Johnesleyes, Clinkstoun,
Ouertoun, Midtoun, Neithertoun, and Rottinboig in the Parish of Insch, and the lands
of Drymmies in the Parish of Inverurie, dated 23 April, 1596. (2) Sasine thereon dated
28 April, 1596. Notary George Chein. (3) Procuratory of Resignation granted by
John Gordoun, elder, of Craig, in favor of the Pursuer and Jean Gordoun, his wife,
dated 8 June, 1616. (4) Sasine dated 13 August, 1618. Notary the said George Chein.
The Pursuer claimed as proprietor of Drymmies, not apparently of the other lands.
The Defender had on 19 September, 1624, granted an obligation to exhibit and produce
these writs. The conclusions of the Summons, which may be taken as an example of
the pleadings in like cases, were " Agains Sir James Gordoun elder of Lesmoir as
hawand in his handis the Chartoris Seasingis Prorie. of Resignatioun and uther wreittis
eftir specifiet and againes all utheris hawand or pretenand entres ... To heir
and sie him self decernit be decreit of Court ordour of law and justice to exhibet and
produce befoir us the haill wreittis and evidentis under wreittin viz [then followed the
list or inventory] And the saidis Chartoris Instruments of Seasing and utheris wreittis
particularlie aboue exprest being exhibit and producit in maner foirsaid To heir and sie
the samen transumit and the transumptis thairof to hawe als great faith and fidclitie in
all tymes cuming as the principallis and to heir and sie the said Shref his authoritie
interponit thairto Compeirit Mr George Andersone pror. for
the said persewar and producit the said lybellit summonds and
conforme to the said lybell desyrit proces and the saidis haill wreittis and rightes
particularlie befoir exprest to be exhibet producit and transumit in maner foirsaid
Compeirit Alexander Thomsone pror. for the said Sir James
Gordoun and producit the saids haill wreittis and evidentis aboue and eftir mentionat
befoir the said Shref deput quhairof the tennour followis [here were written full copies
of all the writs.]
493
Aberdeenshire Sheriff Court:
1637-
Sept. 13. Title Deeds of Kirktoun of Daviot, &c. Patrick Urquhart of Lethintie and
James Urquhart of Auld Craige and his Tutors and Curators v. Mr. Robert Farquhar,
bailzie, burgess of Abd., Adam, Bischop of Abd., Wm. Seatoun of Meldrum, John and
John Leslie, elder and younger, of Pitcappill, Mr. Wm. Straquhan, parsone of Daviot,
Wm. Setoun of Cocklaw and all others having or pretending interest. The following
writs were called for, produced and trans-sumed. (i) Feu Charter of the lands of
Mownie, Kirklands of Daviot, and others granted by Mr. Patrick Myrtoune Thesaurer
of the Cathedrall Kirk of Abd. and Parsone of Daviot with consent of Bischop Dean
and Chapitar to the late Janet Knowes, daughter of the deceased Alexr. Knowes,
burgess of Abd. , dated 21 Sept., 1557. (2) Precept of Sasine dated 29 Septr., I57°> by
Janet Knowes to the deceased Mr. Richard Irving, son of the deceased Mr. Archibald
Irving, relative to Contract of Marriage between the said Janet and Mr. Richard. (3)
Charter by the said Janet Knowes to the said Mr. Richard Irving, her husband, dated
26 March, 1577. (4) Confirmation by Mr. George Patersone, Thesaurer of Abd. and
Parsone of Daviot, dated the day of 1581. (5) Charter by Mr. Richard
Irving to the deceased John Seatoune of Lumphart and Marjorie Pantoune, his wife,
dated 26 March, 1590. (6) Instrument of Sasine following thereon, dated 30 March,
1590. Notary the late David Seatoune, (7) Instrument of Sasine of the lands of
Lumphart, Pittinnon, Brounhilles, and others in favor of the deceased Wm. Seatoune of
Meldrum, dated 4 August, 1556. Notary David Seatoune. This Sasine proceeded on
a Charter by the deceased William, Bischop of Abd. to the said Wm. Seatoune of
Meldrum, dated 14 May, 1556. (8) Feu Charter of the lands of Lumphart and others
by William, Bischop of Abd. in favor of the deceased John Seatoune, second lawful son
of the said Wm. Seatoune, proceeding on resignation by his father, dated II Octr.. 1569.
(9) Instrument of Sasine, dated 19 Deer., 1569. Notary David Seatoune. The wit-
nesses called to cognosce the handwriting and subscription of the various writs were Mr.
Wm. Barclay, Mr. Alexr. Gardyne, and Mr. Alexr. Reid, all Advocates in Abd.
1638.
June Title to the Teind Sheaves of Tilliedesk, &c. John Gordoune of Hiltoune,
heritable proprietor of Tilliedesk, Toddilhills, Kirkhill, Doupismilne, Walk Milne and
Corne Milne of Meikill Arnage v. John Ingrahame, Clerk Depute of the Burgh of
Abd., Abbot of Kinloss, Walter Cheine, sometime of Arnage, and all others
having interest. The following were the writs in this case : (i) Tack granted by the
deceased Walter Abbot of Kinloss in favor of Wm. Cheine of Arnage and Walter
Cheine, his eldest son, and the longest liver for two 19 years and thereafter so long as
the name of Cheine should bear arms, dated 14 May, 1581, (2) Ratification by Mr.
Edward Bruce, Abbot of Kinloss and Parsone of Ellon, dated 19 August, 1592. Mr.
Wm. Barclay and Mr. Alexr. Paip, Advocates in Abd., were the witnesses.
13. Titles of Lumfurd, &c. Patrick Urquhart of Lethintie and Dame Margaret
Ogilvie, his wife v. Win. Seatoune, son and apparent heir of the late John Seatoune of
Lumfurd, and Adam, Bischop of Abd., for his interest, (i) Charter granted by the late
John Urquhart of Craigfintray to the said Patrick Urquhart and Dame Margaret Ogilvie,
dated 17 Febry, 1631. (2) Ratification by Adam, Bischope of Abd., dated 10 May,
1637. The witnesses were Mr. Wm. Barclay, Mr. Alexr. Reid and Mr. Robert Reid,
all Advocates in Abd.
494
Decree Books, Vol. L, Part IL, Contents
1644.
Octr. i. Titles of Fingask. Patrick Urquhart of Lethintie v. James Fergusone, Town
Clerk of Inverurie. There was called for the Protocol Book of the late George Barclay,
Notary Public at the Chappell of Garioche, containing an Instrument of Sasine of the
lands of Fingask, in favor of the late John Urquhart of Craigfintray in liferent and the
Pursuer in fee, dated 17 Novr., 1615, following on a Charter by Peter, Bishop of Abd.
and Dean and Chapter. The witnesses were Alexr. Thomsone, Advocate, and John
Robertsone, Notary Public.
495
The Minute Books of Judicial Enactments. Vol. Vv J 638-48
It has to be observed with regard to this volume, beginning on 27
August, 1638, and ending 21 October, 1648, that, although it covers more
than ten years, it contains proportionately much less material than the
volumes of the same series already noticed. It consists of 184 pages
only, and although evidently wanting something at the beginning, the
paucity of work must be accounted for mainly by the " troubles " and
changes of government. There are, for instance, only five leaves repre-
senting 1645 and three or four for 1646. A very distinct reference to the
disturbing effect of the " troubles " will be found in a marginal note by
the Sheriff-Clerk under date 30 November, 1644.
Another cause, however, would partly account for this. It has
already been pointed out that all criminal entries had disappeared from
the volume 1628-33, and it would appear from a marginal memorandum
found opposite an entry of 6 December, 1647, that criminal books, of
which no example has been preserved, were being kept at that time. It
is not unreasonable, therefore, to suppose that the beginning to use such
separate criminal books was co-incident with the disappearance of
criminal entries from the books of judicial enactments.
Numerous examples of the appearances of women to ratify trans-
actions of various kinds are found in the volume.
496
Table of Contents of Vol. V* of Minute Books of
Judicial Enactments.
1638.
Augt. 27. Loosings of Arrestments. Mr. David Leitche, Minister at the Kirk of Ellone
v. John Merser and Mr. Robert Merser, lawful sons of the late Mr. Robert Merser,
Minister there. Cautioner George Bruce, Saidler, burgess of Abd.
31. Gilbert, Earl of Erroll, &c. v. Wm. Bruce, sometime in Chappelltoune of Essil-
mont, then in Orchartoune. Cautioner Patrick Walker of Orchartoune, burgess of
Abd.
Septr. i. Patrick Urquhart of Lethintie z>. James Littiljohne in Lauchterfauld of [Baljcairne.
Cautioner John Straquhane in Auld Meldrum.
6. Patrick Ross, servitor to Robert Irving of Fedderet v. Charles Massie in Quhyt-
carnes and John Chessor in Hiltoune of Culsh. Cautioner John Jaft'ray in Auchredie.
14. Patrick Jack, younger, Litster, burgess of Abd., heritable proprietor of Little Mill
of Essilmonth v. Wm. Bruce, sometime in Chappelltoune, then in Orchartoune.
Cautioner Walter Tilliburtoune in Archedlie.
Novr. 20. Patrick Jack, elder, Litster, burgess of Abd. v. Patrick Mortimer at the Milne of
Adan. Cautioner Alexr. Knox, son of Wm. Knox of Litle Creichie. There was a
special arrestment in the hands of Alexr. Straquhane of Glenkindie.
Deer. 27. James Skein of that Ilk v. Christiane Johnestoune, widow of Robert Skein of
Tillibirlach and John and James Wastland there. Cautioner James Smith, burgess of
Abd.
1639.
Jany. 30. Alexr. Lumsden, Fiar of Tillicairne v. David Strachan, sometime in Landheids of
Tillicairne, then in Tillibrek. Cautioner Wm. Leslie, occupier of eight oxengait of
Duneduir. Three " Rukes of aittes " at Landheids had been specially arrested.
March 6. George Garoche, younger, of Tonley v. Wm. Hood in Powneid. Cautioner Mr.
Robert Reid, burgess of Abd.
April 12. George Mathesone at the Milne of Bourtie v, George Seatoune in Bromend of
Creichie. Cautioner John Irwing in Creichie.
July 2. The said George Mathesone v. John Byres in Hilbray. Cautioner Alexr. Byres in
Westerhous.
Augt. 2. Renunciation and Discharge. Helen Ramsay, wife of George Gordone of
Lethintie, renounced her rights to the town and lands of Lethintie and Wester pleuche
thereof, in favor of George Gordoune, younger, of Geicht.
RRR 497
Aberdeenshire Sheriff Court :
1639.
Septr. 2. Renunciation and Discharge. Report of Commission. Marjoric Gordoune,
wife of James Ogilvie of Auchleuchries, renounced her rights to Mains of Auchleuchries
in favor of John Gordoune, then of Auchleuchries, their son-in-law. The Commission
by Irving of Drum, the Sheriff Principal, and Mr. Patrick Chalmer, the Sheriff Clerk,
was signed at Drum on 3 August, was executed at Auchleuchries by George Gordoune
of Nethermuir as Sheriff depute in that part, on 19 August, and reported by Mr. Wm.
Lumsden, Advocat in Abd. , of this date.
13. Loosings of Arrestments. Mr. Patrick Gray, at the Milne of Schives v.
Andrew Fyvie at the Dope Milne of Arnage. Cautioner Edward Adamsone at the
New Milne of Foverne.
21. Mr. Hew Irvine of Beildsyde v. Margaret Wentoune, widow of Walter Robertsone,
burgess of Abd., liferentrix, and James Robertsone, her son, proprietor of the lands of
Cultis and Wm. Troup and David Archibald, their tenants there. Cautioner Wm.
Robertsone, burgess of Abd. What was arrested was the corn sown by the Defenders
" upone ane portion of land at the north-east pairt of the lands of Beildsyid beneathe
the Carne of Cultis."
The same Pursuer v. the same Defenders. Cautioner John Archibald, burgess of
Abd. This arrestment was in identical terms with the foregoing.
27. William, Earl Merschall, and Alexr. Keithe in Carnculter v. Alexr. Hay, in
Cautioner Thomas Eraser, younger, of Streichin. A boundary dispute.
Octr. i. Revocation of Deeds Granted in Minority. Arthur Forbes of Eacht, stating
himself to be within the age of 24 years, over and above a general revocation, specially
revoked a Bond for 800 marks of principal, dated 20 June, 1636, granted by himself as
real debtor, and Mr. Robert Forbes, Portioner of Finersie, Minister at Eacht, and Mr.
Alexr. Forbes, his son, as cautioners, in favor of Robert Gardyne of Tillifroskie.
4. Loosings of Arrestments. Mr. Wm. Chalmer of Wester Disblair v. Wm.
Chalmer of Wester Fintray. Cautioner Robert Keithe of Auchorsk.
Novr. 7. Hew Gordoun in South Colpna v. James Ellieis in Kilduthie. Cautioner Wm.
Gordoune, Fiar of Tilliangus.
30. Wm. Dalgardno of that Ilk v. Christiane Udny, widow of Duncan Forbes of Bythe.
Cautioner John Forbes of Bythe. Dalgardno alleged a claim of 180 merks.
Deer. 2. Alexr. George in Andistoune v. Margaret Thome, widow of Wm. Craig in Culler.
Cautioner Andrew Rainy at the Mill of Kinnertie.
5. Revocation of Deeds Granted in Minority. George Johnstoune, eldest lawful
son of Sir George Johnstoune of that Ilk, stating himself to be within 25 years of age,
revoked all deeds done by him in his minority to his prejudice, and specially (i) An
obligation granted by him as cautioner for his father, in favor of Alexr. Forbes of
Auchintowle, or any other person, for the sum of ^1000 less or more, and (2) An
obligation as cautioner for his father, in favor of John Cruikschank in Muirs of Fyvie for
3000 merks.
498
Judicial Enactments: Vol. V*, Contents
1640.
Jany. 15. Loosings of Arrestments. John Philp in Balblair v. Robert Craig in Ower
Corskie. Cautioner John [?] Doccor in Brigend of Bervie.
Feby. 14. Dame Anna Drummond, widow of Andrew, Lord Fraser v. Christiane Watsone,
widow of John Meldrum in Wattertoun and Arthur Urquhart, burgess of Abd.
Cautioner David Thomsone in Kinmundie.
Mar. 13. Renunciation and Discharge. Report of Commission. Margaret Mackintosche,
wife of Robert Farquharson of Fingzien, renounced her rights to the Davache and
Lands of Dalreadie and Corraruisdall Boig, and others in the Parishes of Skeir Inch and
Alvi [or Skeirinch and Alvi], Lordship of Badzenoche and Sheriffdom of Inverness,
in favor of Paull Macphersane of Dalreadie. The Commission was signed at Aberdeen,
on 2 March, and executed at Fingzeine, on 4 March, by Robert Gardyne of Tillifrobkie,
as Sheriff Depute in that part, Alexr. Dunie, Notary Public in Marivall, being Clerk.
Those who were present and taken as witnesses to the Renunciation, were Robert,
William and Donald Farquharson, lawful sons of the Laird, and Alexr. Macquiben,
servitor to the Laird of Mackintoshe.
May 8. Loosings of Arrestments. James Elphinstoune of Glak v. Hew Gordoune of
South Colpnay. Cautioner Alexr. Mowat, occupier of a plough of Colpnay. The
arrestment (as was quite usual at this period) had been laid on the " haill houssis and
biggingis presentlie standing upon the ground of the saids lands of South Colpnay timer
and timber wark theirof sic as cupilis panis ruiffis tailis cabers lookis dooris windowis
perteining to the said I lew Gordoune."
14. Mr. Wm. Glass of Westhillis v. Robert Urquhart in Quhytnuick. Cautioner John
Robsone, burgess of Abd.
15. Mr. David Leithe,1 Minister at Ellonz». John Harigarie in Ellon. Cautioner Wm.
Andersone, burgess of Abd.
19. Renunciation and Discharge. Issobell Tosche, wife of George Jamesone,
Painter in Abd., renounced her rights to the Lands of Fechill, in favor of John Gordoune,
second lawful son of Mr. Robert Gordoune of Straloch. These lands had been wad set
by Mr. Gordoune, with consent of Kalherine Irving, his wife, to John Gordoune of
Buckie, for 14,000 merks. Jamesone had acquired the wadset right from Gordoune of
Buckie, which was now paid off. Both wife and husband signed the entry.
22. Loosings of Arrestments. Alexander, John and Andrew Pantoun, sons of the
late Alexr. Pantoun in Seilliscruik v. Jeane Fraser, widow of the said Alexr. Pantoun
and wife of James Gordoune. Cautioner Wm. Gordoun of Muirack.
27. Alexr. Irving of Yrnsyd and Robert Irving of Fedderet, his curator v. George Will
in Quhy thill. Cautioner John JafTray, occupier of eight oxengait of Doghillock.
June n. Mr. Wm. Setoun of Raniestoun v. George Sangster in Raniestoun. Cautioner
Win. Sangster in Auchindarg.
I This Minister was called " Leitche" in a previous entry. (Supra p. 497.)
499
Aberdeenshire Sheriff Court :
1640.
June 13. Loosing of Arrestment. James Hunter in Balquharne v. David Hunter, some-
time in Balquharne, then in Clasfarquhar. Cautioner Andrew Hunter in Clasfarquhar.
£100 was arrested in the hands of George Milne in Countesswallis.
July 20. Renunciation and Discharge. Margaret Lamb, wife of James Smithe at the
Milne of Rothie, renounced her rights in the lands of Smalburne in the Barony of
Auchterless-Meldrum, with a croft called Burnriggis, in favor of Wm. Meldrum of
Haltoune. The subjects had been wadset by Sir George Ogilvie of Carnowsies with
consent of Wm. Meldrum.
28. Loosings of Arrestments. Alexr. Andersone of Tillikeirro v. Wm. Andersone,
sometime in Standingstaines then in Crabstoune. Cautioner George Andersone, Citiner
in Auld Abd.
31. Wm. Shand in Doune v. Patrick Milne at the Miln of Moncoffer. Cautioner Wm.
Ross, Servitor to Sir Alexr. Abercrombie of Galcorss, knight.
Augt. 31. Renunciation and Discharge. Report of Commission. Isobel Calder, wife of
Wm. Fraser in Wester Foulles, renounced her rights to the fourth part of the lands of
Tonley, Denmilne and Newtoune of Findlatrie called Stench [or Steuch] Guyse, in the
Barony of Cluny and Parish of Touche, in favor of George Garioche of Tonley. The
Commission to John Garioche in Meikill Endovie as Sheriff depute, and to Wm. Forbes
in Asballauche as Clerk, was dated 1 1 June, and executed at Tonley, on 29 August.
Septr. 7. Loosings of Arrestments. General James King and David King of Werbester,
his father, v. James Duff, sometime in Burnend and then in Kirkhill. Cautioner
George Kennedy, brother german of John Kennedy of Carmuckis.
23. Patrick Leithe of Mongarrie v. Alexr. Irwing, sometime in Milnhill then in
Courtestoune. Cautioner Wm. Gordoun in Wastseit, whose written obligation was
presented by a procurator.
24. Wm. Broun, lawful son of Mr. Wm. Broun, Minister at Invernochtie v. Alaster
Wattie in Glencarvie. Cautioner John Forbes in Candacraig.
30. Renunciation and Discharge. Margaret Fraser, wife of James Keithe of Kinaldie,
renounced her rights to the lands of Meikill Kinaldie in the Parish of Kineller, in favor
of their son, James Keith, younger, of Kinaldie. She did so in consideration of her
husband and her having received a Bond from their son for 250 merks per annum,
equally between them.
Deer. Judicial Ratification. Margaret Forbes, wife of John Forbes of Ardmurdo,
ratified an alienation by way of wadset, to Mr. Robert Farquhar, late Bailzie burgess of
Abd., of the lands of Ardmurdo and fishings on the Don, and specially in the Pot of
Buckie. Sir Wm. Forbes of Craigivar had been a consenter to the Contract, along with
John Forbes and his wife.
500
Judicial Enactments: Vol. V., Contents
1641.
Jany. 2. Renunciation of Tenancy. John Hunter, Notary Public, renounced, as at
Whitsunday, 1640, the " Overforhous perteining to Mr. Wm. Sanderis, Minister at
Bellie," lying on the west side of the Gallowgate of Abd., and Walter Sanderis, the
Minister's son, accepted the renunciation.
6. Loosings of Arrestments. Wm. Patersone, sometime in Rewbray, then in
Delgatie v. Robert Smithe in Bogtoun. Cautioner Patrick Wat, burgess of Abd.
27. Andrew Cruikshank, Notary Public v. David King of Werbester and lieutenant-
General James King, Cautioner Robert Abercromby in [?] Ilonycruik. The rent due
by James Cordoner in Owertoune of Birnes was arrested.
30. Alester Wattie in Glencarvie v. Wm. Browne, lawful son of Mr. Wm. Browne,
Parson of Invernochtie. Cautioner Arthur Watt in Nether Towie.
Mar. 12. George Seatoune of Carnbrogie v. John Hendersone in Makterrie, as Executor of
the late James Hendersone there. Cautioner Wm. Moir in Ferrihill, burgess of Abd.
25. Renunciation and Discharge. Report of Commission. Margaret Urquhart,
wife of John Irving of Bruklaw, renounced her rights in Ower and Neither Yrnsydis,
Walk Milne thereof, &c. , in favor of Alexr. Irving, her husband's brother german.
The Commission in this case was issued by Mr. Wm, Davidson of Carny, styling him-
self Sheriff depute appointed by his Majesty. It was dated 3 and carried out at Bruklaw
on II February.
27. Loosings of Arrestments. Andrew, Lord Fraser v. Christiane Watsone, widow
of John Meldrum in Watertoune. Cautioner David Thomsone in Kinmundie. There
was a written Bond of Caution handed in in this case.
April 22. Gilbert, Earl of Erroll v. John Syme at the Mill of Clayhillis. Cautioner John
Kennedy of Kermuckis.
May 12. John Wallace in Colp and Jean Ross, his wife z>. Andrew Home at the Bridgend
of Kinermitt. Cautioner John Allardes, burgess of Abd.
14. Admission of Mair Depute. John Hay in Kirktoune of Monymusk was
admitted by the Sheriff depute, took the oath de fideli and found Robert Robertsoune
in Kirktoune of Monymusk, as his cautioner.
19. Loosing of Arrestment. John Irwing of Torrieleyth v. Robert Symmer there.
Cautioner John Birny, burgess of Abd.
21. Revocation of Deeds Granted in Minority. Thomas Meldrum, eldest lawful
son of Andrew Meldrum, Bailzie, burgess of Abd., and then of Iden, stating himself to
be within the age of 21, besides a general revocation, specially revoked two Bonds of
Caution for his father in suspensions in the Court of Session.
29. Loosing of Arrestment. John Reid in Abercatie and Sir Alexr. Gordoune of
Cluny v. Wm. Brownie in Edindurno. Cautioner George Leslie, younger, of Kin-
craigie.
Aberdeenshire Sheriff Court:
1641.
June 4. Loosings of Arrestments. Thomas Davidsone of Argethin v. Wm. Grein in
Argethin. Cautioner Wm. Garioche of Tillichetlie.
James Duff in Baddis v. Wm. Johnstoune in Carny. Cautioner John Gorcloune of
Awachie.
Patrick Gordoune of Badinscoth v. George Allardes in Bruklies. Cautioner Wm.
Watt in Towie.
5. Marjorie Mengzies, widow of Thomas Forbes, Bailzie, burgess of Abd. v. Alexr.
Smith in Glasterberrie. Cautioner James Cassie of Quhytstrypes.
10. Alexr. Blakhall, Portioner of Finerssies v. Wm. Gardyne in Finersie. Cautioner
Wm. Gardyne, servitor to Sir Gilbert Mengzies, knight, of Petfoddellis.
Alexr. Chalmer, burgess of Abd. v. George Davidsone, burgess of Abd. Cautioner
Robert Gray, burgess of Abd.
11. Arthur Forbes of Eacht v. Wm. Walker in Brounehille. Cautioner Alexr. Coutis
at the Milne of Kinerny.
July 16. George Duncan and James Farquhar, burgesses of Abd. v. Mr. Gilbert Paip,
resident in New Heavin in France. Cautioner Thomas Paip, burgess of Abd. An
arrestment had been used in the hands of Alexr. Howisone, burgess.
23. John Forbes of Aslowne v. Wm. Foulartoune in Owertoune of Montgarrie and
others. Cautioner John Foulartoune in Nethertoun of Montgarrie. Peats in the Moss
of Meikill Endovie were arrested.
24. John Logic of Bodclome v. George Lyon at the Milne of Meikill Wardes.
Cautioner John Gordoune of Breistwallis.
Walter Forbes of Tolquhone, Thomas Milne in Blairfoull and Andrew Andcrsone
in Kilnary v. Christiane Andersone, widow of Andrew Milne of Minainie. Cautioner
Samuel Midiltoun in Ncthertoune of Mondurno.
Septr. 4. Wm. Forbes of Tolquhon and Walter Forbes, younger, of Tolquhon v. Thomas
Milne of Monkishill. Cautioner Samuel Midiltoun in Nethertoun of Mondurno.
ii. George, Earl of Wentoune, Donator to the Ward of Alexr. Seatoune of Petmedden
and Wm. Seatoune, Chamberlain to the Earl v. George Mathewsone, sometime at
Milne of Bourtie, then at Milne of Fingzies. Cautioner Mr. Wm. Forbes of Fingzies.
21. George Allan in Fingziauche z>. James Rogie in Petullies. Cautioner John Coup-
land at Milne of Bandley.
24. Alexr. Irwing of Wastoun v. George Ross in Tarlan and others. Cautioner John
Merschall in Ower Angustoun.
502
Judicial Enactments: Vol. V., Contents
1641.
Novr. 10. Loosings of Arrestments. Mr. Alexr. Brabner, son of the late Wm. Brabner
in Tulloche v. Margaret Crystie, widow of the said Wm. Brabner. Cautioners George
Makie in Stainiefuird and Alexr. Gordoun in Tulloch. An arrestment had been used in
the hands of Mr. Wm. Burnet, Minister at Kinarny.
ii. Sir George Hamiltoun of Blakburne, knight v. Alexander Banerman of Elsick and
Margaret Forbes, his wife. Cautioner John Irwing of Allathin. The rents of Murt-
hill had been arrested.
Wm. Forbes of Corsindae v. the same. The same cautioner.
Hamiltoun of Biny, donator to the escheit and liferent of the said Alexr.
Banerman z>. the same. The same cautioner.
24. Andrew, Lord Fraser v. James Leslie in Ilaltoune of Fintray. Cautioner John
Currie there.
29. Barbara Gordoune, widow of John Elphinstoun of Warthill v. James Fraser, then
in Auchnagatt. Cautioner Alexr. Straquhan of Glenkindie.
30. Mr. Hew Irving of Beildsyd v. Andrew Irving in Abd. Cautioner Andrew Rob,
Cassiemaker in Abd.
Deer. 3. George Leslie, elder, of Kincraigie v. John Mortimer in Logiedurno. Cautioner
Robert Irving in Ryhill.
21. Renunciation, Discharge and Ratification. Jean Setoune, wife of John Ogiluy
sometime of Birnes, renounced her rights to the lands and barony of Birnes and others
in the Parish of Ellon, and the Teinds of Torrieleith in the Parish of Udny, in favor of
Lieutenant-General James King.
Loosings of Arrestments. Wm. Seatoune of Meldrum v. Andrew Robertsone
in Allathin. Cautioner Robert Johnstoun in Ower Tilligony.
1642.
Jany. 17. Capitan Thomas Forbes, as assignee of Sir Wm. Forbes of Craigivar v. Wm.
Chalmer in Waster Fintray. Cautioner Robert Keithe, Writer to the Signet.
Febry. 9. John, Earl of Kinghorne, George, Earl of Seaforth, and Sir Robert Innes of that
Ilk v. George Gordoune in Hertheid. Cautioner Alexr. Gordoune, Fiar of Kincraigie.
There was a special arrestment of oats standing in Lochrie.
Mar. 16. Andrew, Lord Fraser v. Wm. Merser in Auchrony and Andrew Merser, his brother.
Cautioner James Rolland in Auchrony.
9. Wm. Seatoun of Meldrum v. Robert Johnstoun of Ower Tilligony. Cautioner
(Out of Patrick Farquhar, burgess of Abd.
date.)
May 4. Dame Marie Erskein, Dowager Countess Marischal, Gilbert Keithe her /La/
Chalmerlain, Mr. John Cheyne, Persone of Kinkell and others v. Patrick Downy in
Milntoun of Keninay, as testamentary executor of James Thomsone in Blaires, his
son-in-law. Cautioner John Law in Milntoune of Kemnay.
5°3
Aberdeenshire Sheriff Court:
1642.
May 18. Loosings of Arrestments. George, Marquis of Huntlie and George, Lord Gor-
doune, his son v. JohnWicht in Ladyboig. Cautioner John Cruikschank, burgess of Abd.
19. Sir Alexr. Abercrombie of Birkenboig and John Gordoune in Tocher, for his
interest 71. Thomas Thomsone in Tocherfuird. Cautioner Alexr. Farquhar, burgess of
Abd.
20. Mr. Andrew Logic, Persone of Rayne v. James Watsone in Lonheid of Bonytoune.
Cautioner James Keith, younger, of Kinaldie.
21. Thomas Fraser of Petblae v. Magnus Tailzior in Greinbank of Petblae. Cautioner
James Mylne, burgess of Abd.
23. Renunciation and Discharge. Report of Commission. Katherine Banerman,
wife of Wm. Forbes of Knokquharne, eldest lawful son of John Forbes of Corsindye,
renounced her rights to the lands of Knokquharne in the Parish of Eacht, in favor of
John Forbes in Corskye and Elizabeth Forbes, his wife. The Commission was executed
at Knokquharne, on 16 May. Among those present and called as witnesses were
Sir Wm. Forbes of Monymusk and Robert Forbes of Coullie, his brother german.
24. Loosings of Arrestments. James, Viscount of Aboyne v. James Ross in
Kamdore. Cautioner Thomas Irving in Him.
John GorJoune of Haddo z>. Walter Haliburtoun in Carnbrogie. Cautioner George
Middiltoune, Advocat in Abd.
26. John, Earl of Kinghorne v. George Syrne in Graystaine. Cautioner Wm. Hay,
burgess of Abd.
28. Discharge of Wadset and Ratification. James Pantoun, sometime in Blakhous,
and Marjorie Leithe, his wife, in consideration of 7300 merks paid to them by Patrick
Urquhart of Lethintie, declared the lands of Ardfork and Kilblaine in the Parish
of Bathelnie and Barony of Meldrum to be redeemed.
June i. Renunciation and Discharge. Helen Barclay, wife of Mr. Wm. Lumsden,
Advocat in Abel., renounced her rights to the lands of Mains of Cookbirnes and others,
including the pendicle called Tillibrex, in favor of Alexander Lindsay, sometime of
Brigfuird, and Jean Fraser his wife.
3. Loosing of Arrestment. Alexr. Blackball, Portioner of Finersie v. John Stinsone
in Manecht. Cautioner John McAllane in Manecht.
10. Renunciation and Discharge. Report of Commission. Marjorie Ferguisone,
wife of John P'orbes of Aslowne, renounced, in favor of Sir Wm. Forbes of Monymusk,
all her rights to "All and Haill that pairt and portioune of ane Inland prescntlie
occupied by Sir Thomas Crombie of Kemnay knight with the haill sellaris chahneris
kitchinis loftis and uthers with the galerie and seuanis thairof adjacent thairto, the
foirhous belonging to Alexr. Duff lyand in the Burgh off Abd. in the North syid of the
Castellgate thairoff betuixt the land of uniquhill Gilbert Dawie at the east the land off
umquhill James Mowat at the wast the backland pertaining to the said John Forbes at
the northe and the foirhous of the said Alexr. Duff at the south." The Commission was
carried out at Aslowne, on 30 May, Patrick Forbes, apparent of Campbell, acting
as Procurator for Sir William Forbes, and John Leslie in Kininwie, Alexr. Calder
of Cushny, Wm. Forbes, son of James Forbes of Cloak and Mr. Thomas Forbes,
Persone of Tuche being taken as witnesses to the Act of Court.
5°4
Judicial Enactments: Vol. V., Contents
1642.
June 23. Loosing; of Arrestment. Janet Gordoune, widow of John Leith of Harthill,
Adam Abercrombie of Auld Rain, her husband, Sir Alexr. Abercrombie of Galcorss,
knight, and Hector Abercrombie of Fetterneir v. Mr. Wm. Straquhan, Persone of
Daviot, and Girsel Smith, his wife. Cautioner John Farquhar in Mowny.
25. Renunciation and Discharge. Report of Commission. Marjorie Buchan,
wife of George Gordoune of Nethermuir, renounced the lands of Cokbirnes, &c. (as in
entry under I June supra), in favor of Alexr. Lindsay, sometime of Brigfuird, and Jean
Fraser, his wife. The Commission had been carried through on 6 June.
Loosings of Arrestments. Walter Forbes of Tolquhone v. Wm. Moir, some-
time in Quhytcarnes, then in Kinmundie. Cautioner Mr. Alexr. Meingzies of
Kinmundie.
27. Alexr. Smithe of Blairdaff v. Alexr. Cheyne of Petfichte and his tenants. Cautioner
Walter Cheyn of Tillibin. Peats in the Moss of Blairdaff.
Augt. 2. John Forbes of Corsindae v. Margaret Fraser, widow of Alexr. Burnet of Cluny,
John Thomsone, elder and younger, in Kebetie and others. Cautioner Robert Wobster,
Tailzior, burgess of Abel. Peats in the Moss of Rannalloche.
Septr. i. Sir Alexr. Irving of Drum v. the tenants of Waster Beltie, Sundayiswall and Tor-
phines. Cautioner John Gordoune of Fechill.1
17. George, Marquis of Huntlie, and Michael Jamesone, his Chamberlane v. Alexr.
Litilljohne, sometime at Milne of Knokinbaird, then at Milne of Caden. Cautioner
James Cruikschank of Tillimorgin.
22. Robert Dempster of Cushnie v. Wm. Lindsay there. Cautioner Wm. Barclay in
Ardley.
28. George Raitt of Folia v. Robert Findlay, sometime in Folia, then in Fingzies.
Cautioner Mr. Wm. Forbes of Fingzies.
Octr. II. Elspet F.tterschank in Auchinsley v. James Hadden in Torphinis of Wester Beltie.
Cautioner James Alexander, burgess of Abd.
18. Mr. Roger Mowat, Advocat in Edinburgh v. Alexr. Sinclair, sometime in Lendrum,
then in Segget. Cautioner Mr. James Haye of Petgair.
Novr. I. James Bonar in Broadhauche v. Robert Milne in Fetterneir. Cautioner Robert
Milne, burgess of Abd.
9. James Cheyne of Arnage v. Wm. Broun in Boigis of Badinscothe. Cautioner Wm.
Lindsay, younger, burgess of Abd.
II. Andrew, Lord Fraser v. Gilbert Couttis in Finersie. Cautioner David Simsone,
burgess of Abd.
I Sir Alexr. Irvine had by this time acquired these lands. Vide 7 December on p. 506.
sss 505
Aberdeenshire Sheriff Court :
1642.
Deer. 7. Judicial Ratification. Katherine Irving, daughter and heir of Alexr. Irving of
Beltie and wife of Mr. Robert Gordoune of Straloche, ratified a Disposition by her, with
her husband's consent, in favor of Sir Alexr. Irving of Dium of the lands of Waster
Beltie, Soundayiswall and Torphines of same date.
10. Renunciation of Succession. Arthur Smyth, eldest lawful son of Alexr. Smyth
of Rora, to whom he had been charged to enter as heir, at the instance of Beatrix Ord,
the widow, appeared and renounced his right of succession.
1643.
Febry. 4. Renunciation and Discharge. In consideration of a payment of 720x3 merks,
Margaret Donaldsone, wife of John Donaldsone of Hiltoune, renounced in favor of
John Gordoune in Tillidesk and Marjorie Cheyne, his wife, all her rights in (ij Cald-
walls and Peltachic, &c., in the Barony of Ardgraine and Parish of Ellon, (2) a dwelling
house in the town of Ellon, and (3) Todlehillis, also in the parish of Ellon.
Jany. 31. Renunciation and Discharge. Report of Commission. Anna Forbes, wife
(Out of of Arthur Forbes of Eacht, renounced in favor of her husband, her rights in the lands of
date.) Culquhorsie and Hilsyid in the parish of Eacht, an equivalent having been provided to
her. The renunciation was taken at Place of Eacht on 20 January. The Clerk sub-
stitute was appointed by Mr. John Chalmer, styling himself conjunct Sheriff Clerk of
Abd. Capitan Wm. Forbes and James Forbes, his son, were present at the sitting of
the Commission, and signed as witnesses.
Feby. 7. Renunciation and Discharge. Report of Commission. Janet Leslie, wife of
George Gordoune of Newtoune, renounced her rights in the lands of Burnefeild, Scheil-
feild, Cockymuir, Nether Auldtoune of Awachie, &c., in the parish of Kinnoir, in favor
of George Gordoune of Awachie, her son, by her former marriage with the late John
Gordoune, and of Isobel Forbes, her son's wife, and the longest liver, &c. Wm.
Gordoune, apparent of Newtoune, and Alexr. Gordoune, his brother, were among those
present as witnesses.
8. Renunciation and Discharge. Report of Commission. Helen Gardyne,
wife of Wm. Gordoune of Arradowl, formerly of Knokaspack, renounced her rights in
the lands of Knokaspack, Owcr and Nether (fully described in the entry), in favor of
George Gordoune of Knokaspack. The Sheriff Depute in that part, who carried out
the Commission at Arradowl on 31 December, 1642, was John Gordoune of Carnefeild,
and there were present as witnesses James Gordoune, Fiar of Arradowl, John Gordoune,
son of Thomas Gordoune, sometime Sheriff Depute of Abd., and James Gordoune,
natural brother to the said Wm. Gordoune.
Mar. 29. Loosings of Arrestments. Sir Alexr. Cuming of Culler and Dame Janet Burne,
his wife v. James Wcslland in Tillibirloche. Cautioner Wm. Forbes, Fiar of Corsindae.
April I. John Leithe, " Lowetennent " of Forboiggis v. Wm. Mortimer in Westhall.
Cautioner Thomas Nicolsone, Bailzie, burgess of Abd.
506
Judicial Enactments: Vol. V., Contents
1643.
April 13. Renunciation, Discharge and Judicial Ratification. Elizabeth Barclay,
lawful daughter of the late Walter Barclay of Towie, and wife of Wm. Innes of Kinner-
monie, having previously, with consent of her husband, and of Sir Thomas Burnet of
Leys, granted a renunciation of the half lands of Drumquhendill in the Parish of Ellon,
in favor of her father, now ratified it, and of new renounced the lands in favor of
Patrick Barclay, only lawful son and apparent heir of the deceased Walter Barclay.
The sum which had been paid by the last named for redemption of the lands was 10,000
merks.
22. Loosings of Arrestments. George Mitchell in Stainiebrigis v. John Shaw in
Auchnahetniche. Cautioner Alexr. Smithe in Birkinbrewll.
May 12. Robert Irwing of Fcdderet v. George Will in Boumakellie. Cautioner George
Banerman in Foordailhous.
15. Alexr. Irwing of Arnage v. Gilbert Buchane in the Maynes of Arnage and John
Prat in Ower Archedlaw. Cautioner Wm. Anderson, burgess of Abd.
17. Alexr. Irwing of Arnage v. Christiane Simsone, widow of George Smithe at Milne
of Towie- Arnage. Cautioner John Simesone, occupier of eight oxengait of Inkhorne.
Alexr. Straquhan, younger, of Glenkindie v. Gilbert Simsone in Milne of Meikle
Elrick and John Simsone, occupier of a plough of Brevhill of Annachie, who were
cautioners for each other.
1 8. Alexr. Blackball of Finersie v. Thomas Dickie in Auldtoune of Cothinglewis.
Cautioner John Blakhall of that Ilk.
20. James Cruikshank of Boigfarlie v. Andrew Glenny in Borrowstoune. Cautioner
John Glennie at the Burne of Brediacht.
Renunciation, Discharge and Ratification. Isobel Hendersone, wife of
Patrick Walker, burgess of Abd., renounced her rights to (l) Ludquharne, Torhendrie,
Lenabo, Auchtilair, Washingpool, Blekisburne, Newtoune of Clayhillis, Chappell Croft,
Conzeak, Clola and others and (2) Boddome, Balmuir, Blakhous, Myrsyid, Quhythill
and others in favor of Alexr. Forbes of Boyndlie. The lands first named belonged to
Sir Wm. Keithe of Ludquharne, while Boddome, &c. belonged to Alexr. Keithe of
Balmuir. They had been wadset to Walker and his wife, who by Disposition, dated 3
December, 1642, had transferred their security right to Forbes of Boyndlie. The
amount of the consideration money is not given.
22. Renunciation and Discharge. Elspet Abercromby, widow of Archibald Raitt,
Portioner of Lentushe, and wife of Alexr. Gordoune in Lentushe, renounced her rights
to the half of the sunny half of Lentushe in the Parish of Rayne, in favor of James Raitt,
son and heir of the said Archibald Raitt. She farther acknowledged that the provision
to her in her Marriage Contract with Archibald Raitt of a liferent of 2,000 merks, had
been satisfied and fulfilled.
5°7
Abcrdecnshire Sheriff Court:
1643.
May 24. Renunciation, Discharge and Ratification. Isobel Buck, who had been the
second wife of John Gordoune of Tillielt, and was now the wife of Thomas Body of
Petfour, having previously, along with Alexr. Gordoune in Tillielt, the eldest son of
her former marriage, made over the lands of Tillielt to Sir Francis Gordoune, knight,
now of new renounced and discharged her rights to these lands.
June i. Renunciation, Discharge and Ratification. Margaret Forbes, wife of Wm.
Gordone of Braichlie, renounced her rights to Sividlie, Auchterkeig, &c., in favor of
Robert Farquharson of Invercald, to whom she and her husband had granted a Con-
veyance of that date. The amount of consideration money is not specified.
2. Renunciation, Discharge and Ratification. Marjorie Erskine, wife of Patrick
Gordon of Bracko, renounced her rights to two ploughs of the sunny half of Balhaggartie,
in favor of Thomas Erskine of Balhaggartie in the parish of Logiedurno, in consideration
of a payment of 4000 merks.
Renunciation, Discharge and Ratification. Jean Fraser, wife of Alexr.
Lindsay, sometime in Bridgfoord, then of Birnes, renounced in favor of William, Earl
Merschell, her rights in the lands of Lungair and Bissatishill in the County of Kin-
cardine, with the same power of taking peats from the mosses of Clochnahill and
Carngie as Wm. Ogilvie of Lungair had been in use to exercise.
7. Renunciation, Discharge and Ratification. Isobel Fraser, wife of John Udnie
of that ilk, with consent of Thomas Fraser, elder, of Streichin, her father, and Thomas
Fraser, younger, of Streichin, her brother, renounced and discharged her rights under
her Marriage Contract or at law after her husband's death. In lieu thereof she accepted
the liferent of the Barony of Knokhall and Newburghe.
13. Renunciation, Discharge and Ratification. Beatrix Forbes, wife of Thomas
Milne at the Scotismilne of Forbes, renounced her rights to the toune of Bandores in
the parish of Aboyne in favor of Wm. Troup of Balnacraig.
15. Loosing of Arrestment. Robert Irving of Lenturk v. Duncan in
Claymilne. Cautioner John Forbes in Auld Abd.
16. Renunciation and Discharge. Magdalen Straquhan, widow of Wm. Wood of
Colpnay, and wife of John Gordoun in Schilles, renounced her rights to two ploughs of
Littell Colpnay, then lately occupied by Win. Wood and James Elphingstoun, younger,
of Glak, in favor of George Wood, her son, by her former marriage.
22. Renunciation, Discharge and Ratification. Bessie Leslie, wife of Mr. Andrew
Logic, Parsone of Rayne, renounced her rights to the half lands of Lentusche and lands
of Cockmuir in the parish of Rayn in favor of Mr. Gilbert Keithe, Minister at Bourtie.
To the Disposition in favor of Keithe, dated 12 Jany., 1643, John Leithe of Newlandis
had been a consenter.
23. Loosing of Arrestment. Robert Gardyne of Migstrathe v. Thomas Andersone
in Hillock of Birss. Cautioner James Nicoll, Cordoner and Freeman of Abd.
508
Judicial Enactments : VoL V», Contents
1643.
June 24. Renunciation and Discharge. Margaret Blakhall, wife of Patrick Forbes in
Ardo, renounced in favor of Mr. Robert Farquhar of Muiny, Bailzie, burgess of Abd.,
her rights to two ploughs of the lands of Auldtoune of Knokinglewis, then occupied by
Wm. Watt and Wm. Duncane. These lands had been wadset to Farquhar on the same
day, by contract to which, besides Forbes and his wife, John Blakhall of that ilk, son
and apparent heir of the late Wm. Blakhall of that ilk, Elizabeth Straquhan, his mother,
and Janet and Catherine Blakhall, her sisters, were parties.
Renunciation of Succession. John Gordoune, lawful son of the late John
Gordoune, who was the eldest son of the late John Gordoune of Auchanachie, having
been charged to enter himself as heir to his said " Guidsir," renounced the right of suc-
cession and refused to enter himself heir.
Loosings of Arrestments. Wm. Forbes, younger, of Leslie v. John Fergus in
Auchlyn. Cautioner Patrick Norie, Tailzior, burgess of Abd.
Septr. 5. James Burn in Balnagoak v. Marjorie Folia, widow of James Burne, sometime in
Sacherley of Tilliegounie.
7. James Mackalland in Monymusk v. Alexr. Farquhar there. Cautioner Wm. Reid
in Pitfichie.
8. Alexr. Forbes of Boynlie v. Wm. Craigheid in Dennis. Cautioner James Burnet
in the [?] Greinidge of Pitterheid.
13. John Forbes of Ardmurdo v. Alexr. Calder, sometime in Logieruiff, thereafter in
Hill of Tillicarne. Cautioner John Lumsden of Tillicarne. The arrestment was of
the moveable effects, crop, &c., of Calder " the tyme of his rebellioun and being at the
home."
14. Walter Forbes of Tolquhone v. Walter Charles, sometime at Milne of Minanie,
then at Milne of Methlick. Cautioner Alexr. Stewinsoun in Pervinies.
15. Robert Forbes at the Kirk of Foverane v. John Body in Newbrughe. Cautioner
James Scott in Meikill Haddo.
28, Alexr. Chalmer, sometime Deane of Gild of Abd. v. Elspet Duncane, widow of
Wm. Duncane, burgess of Abd. Cautioner Wm. Petrie, burgess.
Octr. 3. John Forbes of Leslie v. Bartholl Layng, sometime at the Kirk Styill of Leslie,
and then in New Leslie. Cautioner John Leith of Bucharne. The growing crop
upon Kirk Styill had been arrested.
5. Alexr. Wat in Culfork and others v. John Thomson in Glenkindie. Cautioner
Straquhan, burgess of Abd.
3. Wm. Grant in Doun v. James Pantoun in Middelthird and others, as Executors or
(Out of Intromitters with the estate of the deceased Margaret Grant, who was the widow of
date). James Pantoun in Heddriehall. Cautioner Alexr. Pantoun in Monquhitter.
5°9
Aberdeenshire Sheriff Court :
1643.
Octr. 5. Judicial Ratification. Margaret Bruce, wife of Alexr. Stewart, Merchand,
burgess of Abel., and one of the lawful children of Sir John Bruce of Airthe, knight,
and Dame Margaret Elphinstoun, his wife, appeared to ratify an Assignation and Trans-
lation, dated 4 October, granted by her husband and her in favor of Alexr. Bruce, her
brother.
18. Renunciation and Discharge. Elizabeth Forbes, wife of John Irwing of Beltie,
renounced her rights to the lands of Auchtanfoord, Schivado and Pundler Croft, in the
Barony of Fedderet and Parish of Auchredie, in favor of James Irving of Auchtanfoord
and Annas Keithe, his wife.
21. Renunciation and Discharge. Elizabeth Wood, wife of James Elphingstoun,
elder, of Glack, and Janet Leslie, wife of James Elphingstoun, younger, of Glack,
renounced their rights to the lands of Littill Colpnay, Greinden and Schilles in the
Barony and Parish of Belhelvie, in favor of George Wood, second lawful son of the
late Wm. Wood of Colpnay. Neither of the ladies could write and two notaries
subscribed the entry on their behalf. By a curious oversight the two Elphinstones,
although present and consenting, omitted to sign. This was explained and remedied
some nine and a half years afterwards by both gentlemen signing a marginal confirma-
tion and approval of the act of their wives.
Augt. 16. Curatory. Furiosity. George Chalmer of Balbithan, who had been appointed
[? Novr.] curator to his mother, Margaret Seatoun, widow of the late George Chalmer of Bal-
bithan, presented Doctor James Chalmer, " Phisitian in Ordinar to his /Ma/" as his
cautioner, who appeared and signed the Act of Caution.
Nov. 1 6. Loosings of Arrestments. v. Andrew Smithe in Perwinnies.
Cautioner Patrick Moir, burgess of Abd. This was a dispute about the Moss of Per-
winnies and the peats were arrested to abide the finding of a " cognition and tryall."
Mr. Andrew Logic, Parsone of Rayne z*. James Gordoun in Lentush. Cautioner
George Scot in Skaitcraigis.
28. Robert Seatoun in Maynes of Drumbreck v. Patrick Sangster in Newseat of Drum-
breck. Cautioner Patrick Reid, occupier of two ploughs there.
30. Tutory. Alexr. Cruikschank, Armorer, burgess of Abd., who had been served as
Tutor to James Cruikschank, son of the late James Cruikschank, Armorer burgess,
appeared, accepted office and was sworn to be faithful. His cautioners were James
Crystie, Tailzeour, Patrick Black, Saidler, and Henry Patersone, Armorer, all burgesses
of Abd.
Memorandum referring to the " Troubles." " Nota— Margaret Buchane
spous to James Forbes of Hauchtoun, hir Renunciation of the Multures of the lands of
Litill Endovie and uthers thairin mentionat in favors of George Garioche of Litill
Endovie proceiding upon ane Commissione, was ommittit and not buikit upon this last
day of Nouember as it sould have beine in respect of the troubles and iniquitie of the
tyme being givin in dew tyme bot is buikit afterwards of that same dait as sould have
beine seing the same was presentit in dew tyme : In Jary. 1647. Mr. J. Chalmer."
510
Judicial Enactments: Vol. V., Contents
1643.
Nov. 30. Renunciation. Margaret Buchane, wife of Mr. James Forbes of Hauchtoun,
renounced the multures of Little Endovie in favor of George Garioche of Little Endovie
[vide last entry]. The Commission, which was signed by Sir Alexr. Irving as Sheriff,
by Mr. William Davidson of Carny, as Sheriff depute, and by Mr. Patrick Chalmer as
Sheriff Clerk on 12 April, 1643, was carried out at Hauchtoun on 26 April, but not
reported until this date (30 Novr. ), which had been fixed as the last day for reporting
it. Among the witnesses present at the Commission were Alexander Forbes, lawful
son of Mr. James Forbes, William Forbes, his natural son, and James Joppe in
Smiddiehill.
1644.
Feby. 10. Tutory. Mr. Alexr. Jaffray of Kingiswalls, nearest agnate and Tutor served to
Susan Jaffray, daughter of the late Alexr. Jaffray, younger, Merchand, burgess of Abd.,
appeared, accepted office, took the oath de fideli and found Alexr. Burnet, younger,
burgess of Abd., as cautioner for him.
Mar. 2. Loosings of Arrestments. Patrick Walker, burgess of Abd. v. Win. Bruce,
sometime in Orchardtoune, then at the Milne of Invernettie. Cautioner James Bruce
at Scotis Milne.
8. Wm. Watt, messenger in Auld Abd. v, Wm. Hay, Citiner there. Cautioner
George Cuming, Smith, Citiner there.
April 18. Renunciation, Discharge and Ratification. Helen Cowtis, wife of Alexr.
Gordone of Carneborrow, renounced in favor of Mr. Wm. Forbes, Minister at [?] Mir-
tulliche, and his wife, Elizabeth Forbes, the lands of Tilliegrig and pendicle called
Slugmagullie in the parish of Udny.
26. Loosings of Arrestments. Isobel Forbes, widow of James Forbes at Miln of
Kellie v. Alexr. Gordoun, sometime in Tillielt, and Andrew Sime at the Nether Miln
of Tillielt. Cautioner John Gordone of Dewchries.
30. Thomas Erskin of Balhaggartie v. Walter Patersone in Enramsay. Cautioner John
Cheyn, apparent of Pitcapill.
May 28. Thomas Fraser, younger and elder of Strechin v, George Frensche in Auch-
quhorthie. Cautioner Wm. Frensche in Tuithill.
June 4. Andrew Robertsone in Allathin v. Wm. Laird in Bothanzie. Cautioner George
Cruves, occupier of eight oxengait of Craighall.
5. Mr. Andrew Logic, Parsone of Rayne v. Alexr. Andersone in Lonheid. Cautioner
Mr. Wm. Straquhan of Luesk.
7. Walter Forbes of Tolquhone v. John Gordone in Litle Eythsie. Cautioner Gilbert
Johnstoun in the Maynis of Essilmonthe.
21. Patrick Mowat of Balquhollie v. Alexr. Murray in Jackistoun. Cautioner Alexr.
Beidie in Turreff.
511
Aberdeenshire Sheriff Court:
1644.
June 22. Renunciation, Discharge, and Ratification. Margaret Bannerman, wife of
Mr. Alexr. Seatoune of Tilliry, renounced her rights to (i) Easter and Wester Tillieve,
with the pendicle called Calsiend in the Parish of Udny and (2) Tilliry, with the pendicle
called Howlandis in the Parish of Fowerane, in favor of Wm. Seatoun of Minnes in
liferent and George Seatoun his eldest lawful son, and his heirs male in fee.
Renunciation and Discharge. Margaret Hog, wife of Wm. Fraser at the Milne
of Cattie, renounced all her rights to the Milne of Cattie, in the Parish of Birse, in
favour of Wm. Troup of Balnacraige.
July 27. Loosings of Arrestments. Andrew Mengzies in Carnrobin v. Robert Gardyne
of Tillifroskie. Cautioner Duncan Stewart of Innerchat. An arrestment had been used
in the hands of Sir Gilbert Mengzies of Petfoddellis.
Sept. I. Doctor Wm. Guild, Principall of Kingis Colledge of Auld Abd. v. George Wat in
Gowner. Cautioner George Schand, occupier of a plough and a half of Craigie.
9. Robert Irwing of Fedderet v. Andrew Smithe in Calsiend of Scotistoun. Cautioner
Patrick Moir, burgess of Abd.
Octr. 3. Cristian Ferror, widow of James Cruickshank, Armorer, burgess of Abd. v. Alexr.
Fraser of Techmuirie. Cautioner Paull Collison, Merchand, burgess of Abd. An
arrestment had been used in the hands of Mr. Robert Farquhar of Mowny, Provest of
Abd.
Novr. 8. Wm. Troup of Balnacraige v. Robert Gordoune of Cluny. Cautioner George
Farquhar, Merchand, burgess of Abd. An arrestment had been used in the hands of
Elizabeth Dowglas, widow of Alexr. Gordoune of Johnsleyis, whose death had taken
place in the month of then last bypast.
30. Sir Wm. Forbes of Monymusk v. Thomas Gordoun in Westhauche. Cautioner
Normand Leslie in New Rayne.
Deer. 5. Annas Fraser, widow ofWm. Hay of Ury v. Wm. Scot in I.ochhilles, Michaell
Robertsone in Cremondgorth and John Tarves in Tillikeirro, Cautioner Robert Hay,
eldest lawful son of the late Alexr. Hay of Logic.
The said Annas Hay v. John Hay in Tillikeirro, Wm. Hay in Park and others.
Cautioner John Hay of Cremondmogat.
24. The said Annas Fraser v. Andrew Finnic in Pitterheid. Cautioner John Forbes
in Pitterheid.
1645.
Febryiz. Wm. Rolland, burgess of Abd. v. Wm. Watsone in Haddo. Cautioner Wm.
Boyes, Portioner of Rattray.
April 24. Tutory. Mr. Hew Irvine of Beildsyid, who had been served as Tutor to John
Irving, lawful son of the late Alexr. Irving of Kincowsie, accepted office, took the oath
de fideli and presented John Johnstoune of Frosterhill as his cautioner.
512
Judicial Enactments: VoL V., Contents
1645.
May 10. Loosings of Arrestments. Mr. Wm. Lumsden, Advocat in Abd., and Wm.
Lumsden, his eldest lawful son v. Thomas Mauld in Auld Meldrum. Cautioner Mr.
Wm. Guild, Principal of the " Kingis Colledge of Auld Abd."
13. Dr. Wm. Guild (as above) v. Alexr. Banerman in Kilbleine. Cautioner George
Banerman in Foordailhous.
21. Alexr. Sangster of Boddomes v. Robert Anderson at the Milne of Boddome.
Cautioner Mr. Alexr. Menzeis of Kinmundie.
22. Thomas Forbes of Wattertoun v. Beatrix Adamsone, widow of Gilbert Buchane in
Wattertoun. Cautioner George Leyth of Auchrydie.
23. Sir Alexr. Cuming of Culter v. Alexr. Mitchell in Ililsyd. Cautioner John Rois-
hill, occupier of two ploughs of the lands of Drum.
24. Renunciation and Discharge. Elizabeth Calder, wife of George Garioche of
Findlatrie, renounced her rights in Findlatrie, including Oldtoune of Findlatrie,
Newtoune of Findlatrie, Broomhill and Denmilne, &c., in favor of Mr. Alexr. Farquhar
in Quhythauche.
June 25. Revocation by a Widow. Grissel Urquhart, widow of John Coupland of New
Milne of Auchterles, besides a general revocation, specially revoked two Bonds and a
Marriage Contract, which she had signed during marriage to her hurt, under her
husband's compulsion, as she alleged.
July 2. Loosings of Arrestments. Robert Gardyne of Tillifroskie v. Thomas Andersone
in Hillock of Birse, John Chrystie in Murlie and others. Cautioner James Nuccoll,
Cordoner, frieman in Abd. This was connected with a dispute about the Moss of
Garbett.
Augt. 14. Walter Cruikshank in Brucklaw v. John Maij in Fedderat. Cautioner George
Ross in Bomiekellie.
Sept. 22. John Irving of Torileith v. Andrew Hervie in Monycabok. Cautioner Gilbert
Ilervie, elder, burgess of Abd.
James Baird of Achmeddan and Wm. Gerard in Litle Bythe v. Alexander, Lord
Forbes of Petsleigo, Alexr. Forbes of Boyndlie, his Tutor, and David Cruikshank in
Braclamoir, his tenant, for their interest. Cautioner Alexr. Club in Satlingraw. The
crop on the east side of the Hill of Claveriefauldis had been specially arrested.
Mr. James Sandilands, " Common Procurator of the Universitie of Abd. and tuo
Colledges thairofi v. Mr. Alexr. Irving of Hiltoun and Robert Irving of Fedderat,
Donator to his " escheit and lyfrent." Cautioner Wm. Andersone, Goldsmith,
burgess of Abd. In the obligation to relieve the cautioner, Robert Irving, brother
german to Mr. Alexr. Irving, joined.
I The only occasion on which the University is thus described in those Records, so far as
observed.
TTT 513
Aberdeenshire Sheriff Court :
1645.
Sept. 22. Loosings of Arrestments. Alexander, Lord Forbes of Pitsleigo " heretable
and undoubtit patrone of the paroche kirk of Aberdour" and Alexr. Forbes of Boyndlie,
his tutor v. Jean Ogstoune, widow of Mr. George Clerk, Minister at the Kirk of
Abirdour. Cautioner Francis Ogstoune, Servitor to Mr. John Nisbet, Commissary of
Edinburgh. The crop of 1645 standing upon the " Gleib of the said Paroche Kirk "
had been arrested.
23. The said Lord Forbes of Pitsleigo and his Tutor and others v. James Baird of
Auchmeddan and the tenants of Litle Bythe. Cautioner Mr. Gilbert Baird in Auch-
meddan.
1646.
April i. Isobel Seatoun, widow of Wm. Seatoun of Disblair v. Mr. James Hervie, Minister
at Uper Macher. Cautioner Mr. James Sandilandis, Commissary Clerk of Abd.
There had been specially arrested a sum due by John Hervie in Broombray to Mr.
James Hervie for his occupation thereof.
May 2. Mr. Thomas Gordoun of Kethokismylne, as assignee of Sir Alexr. Gordoun of
Cluny v. George Mortimer in Haltoune, Alexr. Thomsone in Buchanestoune, Wm.
Leslie of Wardes and others. Cautioner John Leith of Newlands.
1 8. James Setoun of Petmedden and his Tutors and Curators v. Wm. Donald in
Ardfork. Cautioner Mr. Wm. Guild, " Principall of the Kings Colledge of Auld
Abd."
June 6. Christiane Crombie, one of the sisters and co-heirs of Sir Thomas Crombie of
Kemnay and Robert Smith, burgess of Abd., her husband v. Dame Margaret Ker, his
widow and executrix. Cautioner Robert Keith of Auchorsk. " Threttie packit packis
of fedder beddis bowsteris plaidis sheitis coveringis and uther bedding " had been
arrested, i
19. Wm. Setoun of Blair v. James Tailzeor, sometime in Kinguidie then in Cattie.
Cautioner James Tailzeor, Merchant, burgess of Abd.
July 7. Mr. Nathaniell Marteine, Persone of Abirdour v. Alexr. Forbes in Abirdour.
Cautioner James Forbes, Merchand, burgess of Abd. There had been an arrestment
of peats, but the name of the Moss was left blank.
n. Alexr. Fraser of Techmuirie v. Walter Forbes in Satlinbrae. Cautioner Thomas
Forbes, occupier of a plough of the lands of Balust.
30. Robert Fordyce, sometime in Bainisholl v. Robert Tailzeor in Johnesleyis and
Robert Gordoune of Cluny, as his assignee. Cautioner Patrick Farquhar, burgess of
Abd.
Aug. 6. Wm. Thomsone, Portioner of Boigholl v. James Hervie in Boigholl. Cautioner
Thomas Cargill, burgess of Abd. This seems to point to a recrudescence of the
disputes regarding the bounds of Drumnagair and Boigholl. (Sztpra passim.)
i The service copy of the arrestment has been preserved in this case, with an indorsation by
the Sheriff Depute authorizing Mr. Patrick Chalmer, Sheriff Clerk, to accept the Cautioner.
5*4
Judicial Enactments: Vol. V., Contents
1646.
Sept. 7. Loosings of Arrestments. Thomas Burnet of Campbell v. Henry Paull in
Colquhittichie. Cautioner Andrew Hendersone in Kingiswalls.
12. Wm. Seatoune of Mynnes, Chamberlain of Fyvie v. Thomas Milne in Monkishill.
Cautioners Samuel Midletone of Berrihillok and Gilbert Forsyth, Merchand burgess of
Abd.
23. John Cruikshank of Caden, Merchand, burgess of Abd. v. Patrick Farquhar,
Merchand burgess there. Cautioner Andrew Farquhar, also Merchand burgess.
There was specially arrested .£63 in the hands of James Bruce at the Scottis Mylne of
Enverugie.
25. Robert Irving of Fedderet, as assignee of Doctor James Chalmer to the escheit of
Mr. Alexr. Irving of Hiltoune v. Wm. Thomsoun in Pervinnies. Cautioner Andrew
Watsoun, Flescher, burgess of Abd.
Octr. 14. Hector Abercrombie of Felterneir v. George Gregorie at the Milne of Quhythauche.
Cautioner Mr. Wm. Sibbald of Ratchhill. *
1647.
Jany. 18. John Grub in Balbithane v. Geills Ross, widow and executrix of George Grub in
Inverurie. Cautioner Alexr. Farquhar, Thesaurer, burgess of Abd.
Mar. 24. Gilbert Skeyne of Dyce r. Wm. Hucheon in Midle Kirktoun of Dyce. Cautioner
John Andersone of Standanstaines.
May i. Revocation of Deeds granted in Minority. William, Master of Forbes,
stating himself to be within the age of twenty- five, in addition to a general revocation,
specially revoked a Bond signed by him in October, 1644, as cautioner for his father, in
favor of Sir Wm. Dick of Braid, knight, and Mr. Andrew Dick, his son, for 36,000
merks of principal. John Forbes of Aslowne was on the bench as Sheriff depute.
20. Loosings of Arrestments. Patrick Urquhart of Lethintie and James Urquhart
of Auld Craig v. James Deache in Auld Craig. Cautioner George Archibald, Indueller
in Abd.
28. Walter Forbes of Tolquhone v. Alexr. Lin in Liveraclaires. Cautioner WTm. Ord,
Wright, burgess of Abd.
Patrick Urquhart of Lethintie v. John Setoun at the Mylne of Saphok. Cautioner
Mr. James Gordoun of Seattoun.
31. Mr. Andrew Massie, Minister at Auchterles v. Andrew Browne in Boigis of Darley.
Cautioner Wm. Lindsay, Merchand, burgess of Abd. Peats had been arrested.
June 2. John Donaldsoun of Hiltoun v. Gilbert Buchane in Blindburne. Cautioner Patrick
Farquhar, burgess of Abd.
I This was the last appearance on the bench of Mr. Wm. Davidson of Carny, so far as has
been observed.
515
Aberdeenshire Sheriff Court :
1647.
June 3. Loosings of Arrestments. John Irving of Murthill v. Alexr. Smyth in Auld-
fauld. Cautioner Alexr. Cummyng. Fiar of Culler.
Octr. 16. George Middiltoun and Margaret Robertsoun, his wife v. Samuel Middiltoun of
Berrihillok. Cautioner Wm. Adamsone in Owerbirnes.
Deer. i. Alexr. Shand in Creichie of Fyvie v. John Cruikshank in Kirktoune of Bartholl
Chappell. Cautioner Arthur Forbes in Mylne of Feichell.
Sir Alexr. Abercromhy of Galcors, knight, and Alexr. Abercrombie of Fetterneir
z>. Patrick Leith in Mylne of Bonytoune. Cautioner John Leslie of Badifurro.
6. Elizabeth Douglas, widow of Troup of Balnacraig v. Duncan Glenny in
Tillifour. Cautioner John Glennie, occupier of a plough of Waster Learny.
Memorandum by Clerk. The following is written on the margin opposite the
preceding entry : " Nota. Marjorie Mortimer spous to Alexr Forbes hir Renunciatioune
of the lands of Langhauche in favors of Alexr Mitchell is buikit in the criminall buike
upon the fyfteint of this instant."
1648.
Jany. 7. Loosings of Arrestments. Thomas Johnstoun of Craig [of Dyce] v. Alexr.
Fergus, burgess of Enrourie. Cautioner Patrick Leslie in Legattisden.
Mar. 8. Alexr. Farquhar in Dulab v. Leonard Leslie in Abersnethok. Cautioner Wm.
Alshioner, occupier of eight oxengait of Buchanstoun.
17. Wm. Urquhart of Casteltoun v. Patrick Stewart in Eister Luncartie. Cautioners
Wm. Duffus, Wright, and John Edward, Wobster, burgesses of Abd.
May 9. Robert Temple in Ardlathen v. James Elmslie in Knokhall. Cautioner Andrew
Chapman, Baxter, burgess of Abd. A sum in the hands of John Mail in Kinharachie
had been specially arrested.
Wm. Leslie, younger, of Wardes v. John Gellan, sometime in Tillifour. Cautioner
Alexr. Abercromby of Fetterneir.
12. Alexr. Irving of Arnage v. Gilbert Symsone in Cairnedelie. Cautioner John
Kennedy of Carmucks.
15. Sir Alexr. Gumming of Culter v. Andrew Licklie in Pettingullies. Cautioner Alexr.
Knowis in Angustoune.
James Urquhart of Auld Craig v. James Deauche in Auld Craig. Cautioner James
Andersone, younger, burgess of Abd.
17. Alexr. Stewart of Colpnay v. Wm. Johnstoun in Colpnay. Cautioner David John-
stoun, Inclweller in Auld Abd.
Patrick Urquhart of Lethintie v, Walter Scott in Creichie. Cautioner Robert
Watsone in Eister Creichie.
Judicial Enactments: Vol. V., Contents
1648.
May 18. Loosings of Arrestments. Donald Mackintosh of Achabala v. Andrew Webster
in Achabala. Cautioner Win. Nicoll, Merchand and Indweller in Abd.
Andrew, Lord Fraser v. Marjorie Leyth in Clintertie and George Leslie, her son.
Cautioner Gilbert Watsoun, Merchand, burgess of Abd.
19. Sir Wm. Forbes of Monymusk v. Thomas Patersone in Todlachie. Cautioners
George Forbes, Fermorar, and Wm. Couper, Wobster, both Indwellers in Abd.
Helen Murray, liferentrix of Auchinhuiff v. Thomas Kirktoun in Auchinhuiff.
Cautioner James Ergo, Smith, burgess of Abd.
20. Wm. Raitt of Smiddieburne v. Robert Raff in Midapill. Cautioner Andrew Raff,
occupier of a plough of Over Rothie.
26. Alexr. Erskyn of Rothnay v. Walter Spens in Boigforth and Wm. Spens at the
Myln of Carneborrow. Cautioner Adam Cowtis, brother german to Wm. Cowtis of
Cluny.
June 6. Isobel Gordoun, widow of John Forbes of Brux and Adam Forbes, her son v.
Alexr. Fraser in Sunnahard. Cautioner Arthur Forbes at the Mylne of Towy,
7. Renunciation and Discharge. Report of Commission. Anna Gordoun,
wife of James Gordoun apparent of Terpersie, renounced her rights to Kirktoune of
Clatt, Head Ailhous croft and Newbigging in favor of Wm. Gordoun of Terpersie,
heritable proprietor of these lands. The Commission, which was granted by John
Keith of Glackriach, as Sheriff Depute and by Mr. John Chalmer, as Sheriff Clerk on 25
May, was executed at Clatt on 3 June, by Mr. George Gardyne, Parsone of Clatt, as
Sheriff Depute, and by John Gordone, Notary Public at the Mylne of Meikill Wardess,
as Sheriff Clerk Substitute.
9. Loosings of Arrestments. George Ross, Merchand, burgess of Abd. v. Mr.
Thomas Mitchell, Minister at Turreff. Cautioner James Farquhar, Merchand, burgess
of Abd. Money had been arrested in the hands of Thomas Forbes of Wattertoun.
Catherine Hendersone in Auchmull -t>. Wm. Moir in Caberstoun, as executrix of
Patrick Moir there. Cautioner John Johnstoune of Frosterhill.
16. Patrick Ritchie in Peterheid v. James Mar, Chirurgion. Cautioner James Wright
in Knockalochie.
21. George Gregorie in Auchorthies v. Wm. Gutherie at the New Milne of Logydurno.
Cautioner Alexr. Leslie of Petcaple.
July 3. Gilbert, Eart of Erroll v. Andrew Ritchie in Fortrie. Cautioner James Cheyne in
Broomehill of Kinedwart.
517
Aberdeenshire Sheriff Court
1648.
July i. Renunciation, Discharge and Ratification. Report of Commission.
(Out of Helen Ogiluie, wife of George Anderson in Mylntoun of Noth, in consideration of
date.) ,£4,500, renounced her rights in the just and equal half of the lands of Courtestoun,
Drumgowan, Johnstoune and others in favor of John Leyth of Quhythauch, son and
heir of the late Patrick Leyth of Montgarie. The Sheriff Depute, who executed the
Commission at Clatt on 15 June, was George Gordoune of Knokespok.
Sept. 15. Loosings of Arrestments. Isobel Forbes, widow of James Gordoun of Tillielt
v. Ilarie Browne in Chappell Andat. Cautioner Alexr. Lyon in Ardo.
16. James Gordon, heritable proprietor of the lands of Seatoun, eldest lawful son of
the late James Gordoun, Wreittar in Edinburghe v. John Forbes in Old Abd.
Cautioner Thomas Paip, burgess of Abd. There were specially arrested the " faill &
dowat castin upon ane reiskie peice of the samen lands lyand at the eist end of the said
John Forbes his ruicls."
1 8. George Broune in Auchnamoone v. Wm. Cassie in Craigdame. Cautioner James
Cassie, occupier of four oxengait of Cottoune of Meithleick.
Alex. Burnet of [?] Concard v. John Yonge in Formastoune of Aboyne. Cautioner
Alexr. Findlay in Bounty.
29. Patrick Sherar at the Myln of Inramsay v. John Ross in Montgarie. Cautioner
Patrick Greine of Graystaines.
Oclr. 16. Walter Forbes of Tolquhone v. Alexr. Lyne, sometime in Laveroklaires then in [?]
Clothwoodhill. Cautioner John Forbes of Tilligony.
21. James Birny in Myln of Carnbrogy v. Andrew Muiriesone in Craigy. Cautioner
Walter Gordoun, burgess of Abd.
PART IL
Officials, J600 to J649
OFFICIALS OF THE SHERIFF COURT
OF ABERDEENSHIRE.
The Sheriffs.
1600-1629. GEORGE IST MARQUESS OF HUNTLY.
After his restoration to royal favour and to his public offices, in the
last years of the i6th century, the Marquess of Huntly continued to hold
and exercise the office of heritable Sheriff of Aberdeenshire until 1629,
when the transaction by which he resigned office took place. Meantime
his performance of the duties of his office seemed to many to be wanting
in firmness, and he was frequently blamed for favouritism to those of the
old religion, and to the partisans and followers of the House of Gordon.
The disorders in the County were notorious, and the outrages of the
" Society of Boys " intolerable. Complaints to the authorities grew in
number, and it is to these, and to the desire of the Crown to annex for its
own purposes, the patronage of the important office of Sheriff all over
Scotland, rather than to the quaint intrigue described by Spalding, that
the Marquess' displacement was attributable. On June 3, 1629, the
Marquess, who had gone to Court against the orders of the Scottish Privy
Council, signed along with his eldest son a Procuratory of Resignation of
the Sheriffships of Aberdeen and Inverness, which was presented to King
Charles I. at Bagshot on 15 August, and an Instrument of Resignation
taken thereon. Before 5 September, it would appear that Sir Alexr.
Irving of Drum had got an interim or temporary appointment as Sheriff,
for on that date his Majesty wrote the Scottish Privy Council to continue
Irving in office until " the tyme accustomed " (presumably Michaelmas).
On 1 8 September Commissioners were appointed to take Irving's oath
for the year following, and on 3 November the documents embodying
Lord Huntly's resignation were in his own presence presented to the
Privy Council at Holyrood, and with his consent ordered to be registered.
A sum of £5,000 stg. was promised to the Marquess in consideration of his
having resigned his Sheriffship, but the writer is not aware of any evidence
uuu 521
Aberdeenshire Sheriff Court :
of its having been paid. Certain it is that, of the £5,282 193. 6d., which
the Duke of Gordon at a much later period received on the abolition of
heritable jurisdictions, no part was attributable to the Sheriffships. It is
evident from Decrees of the Court in 1641 and 1642 (supra pp. 484 and
485) that the Marquess and his son were much in need of a prompt ful-
filment of the King's promise.
The Marquess died at Dundee on 13 June, 1636, on his way to
Strathbogie from Edinburgh, where he had been in ward in consequence
of his supposed complicity in the attacks by the Gordons and their allies
upon the Crichtons of Frendraught.
1629. SIR ALEXANDER IRVING, YOUNGER (APPEARAND),
OF DRUM.
Following upon the resignation of George ist Marquess of Huntly
came the first appointment on the new system, and the choice of King
Charles I. fell upon a member of the ancient house of Drum. It is obvious
from what has already been said, that he held the appointment before his
installation on I December, 1629 (supra pp. 334 and 341).
Sir Alexander succeeded his father, the ninth Laird of Drum, very
soon after this time, probably in the very beginning of the following year.
The family, which had been gradually growing in importance, may be
said to have reached its highest territorial influence under Sir Alexander.
Both father and son were in much favour with the Royal House, and a
patent had been made out creating the latter Earl of Aberdeen, when
" the troubles " came, and for a time turned Scotland upside down. But
these happened at a later period, during Sir Alexander's subsequent tenure
of office, which will be noticed in its place.
1630. SIR GEORGE JOHNSTON OF THAT ILK.
There is no minute of Sir George Johnston's installation, but it would
doubtless be at the Michaelmas Head Court occuring a year after his
predecessor's appointment. On 7 Octr., 1630, he sat in Court and
nominated two Sheriffs depute, one of whom — Thomas Johnstoune of
Craig— was created principal Sheriff Depute. He signed the appoint-
ment in the Diet Book " Jonston of yt Ilk Shireff prinll of Abd." He
522
Officials: Sheriffs
sat in Court occasionally, and in one of the headings is styled " the right
worshipfull." Sir George had been admitted a burgess of Aberdeen (ex
gratia} on 31 Augt, 1629.
1631 & 1632. ALEXANDER FORBES OF PITSLIGO.
The Diet Book for the period contains no minute of this Sheriff's
appointment at Michaelmas, 1631, for the year to follow, but under date
2 November of that year there is a record of the appointment of Deputes
and Procurators Fiscal by him. The duration of the Sheriff's appoint-
ment is fixed, apart from other evidence, in that the principal depute's
term of office is to run from " the daitt hereof unto the sext day of
September nixt to cum." To these appointments he appended his
signature as " Petsligo, Schirefe." When his first year of office expired,
he received a new Commission for another year, dated 5 and written to
the Great Seal 13 September, 1632. This Commission is in the posses-
sion of his descendant the Right Honble. Baron Clinton, who was so kind
as to lend it to the writer. It was presented at Old Aberdeen and within
the Bishop's Palace there on i October, 1632. (Supra pp. 337 and 342).
Judging from the entries in the Court Diet Book, Pitsligo did not quite
serve out his second year of office, as his successor sat in Court in the
beginning of August, 1633.
One of the difficulties of most of the Sheriffs of those days, who were
large landed proprietors, was that they had not unfrequently cases in
Court with their own tenants. The solution, which was found, was
merely that of taking care that a Sheriff depute and not the Sheriff him-
self sat on the bench, but as the Sheriff depute held office from the
Sheriff, it was not a solution that would hold good in modern times.
An example of this occurred during Pitsligo's tenure of office, when
an action of Removing was called at his instance against more than a
score of his tenants in Coldstone. (Supra p. 354). On that occasion Mr.
James Irving, who held office only during the Sheriff's pleasure, was the
Judge. No question was raised then, but the objection was taken every
now and then both before and after this date.
1633. SIR THOMAS CROMBIE OF KEMNAY.
According to the Diet Book of the Court, the Right Honorable
Thomas Crombie (not yet a Knight) was sitting in the Court at Aberdeen
523
Aberdeenshire Sheriff Court:
and making appointments under him in August of this year. There is
no trace of his Commission or installation ; but contrary to Spalding's
statement that he was, on the expiry of his first year, continued for a
time, but superseded by the Laird of Drum in December, 1634, we find
him still officiating in Deer. 1635. Crombie was a Writer to the Signet,
having a considerable business connection with Aberdeen, who had
amassed some means, which he invested in the purchase of Kemnay from
the Douglas family about 1624. He was a Member of Parliament, a
Privy Councillor, and altogether a person of influence in affairs. Not
having any family, he left large sums for pious purposes, and especially
to Marischal College, where his name is still kept in memory by the
Crombie Bursaries. In connection with the administration of the law
in Aberdeen, he is chiefly remembered as having on 2 October, 1633,
admitted a number of legal practitioners to be " members and ordinar
Advocates and procurators of this seat " in the Sheriff Court, discharging
all other persons from compearing or procuring " except they be first
laufullie admitted be the Shireff and his license and libertie purchessit
givin or grantit to that effect." (Supra pp. 338 and 343). Whether the
purchase money for admission to the bar found its way into the pocket
of the Sheriff along with other perquisites of the office does not appear.
He was admitted a Burgess of Aberdeen on 16 September, 1605. His
death seems to have taken place about 1644, but the exact date has not
been found.
As a Sheriff Sir Thomas Crombie was most exemplary in his
attendance on the bench, no other Sheriff principal up to that time, or
for long afterwards, approaching him in this respect. Others might
appear on important occasions such as Head Courts, but he sat frequently
doing the regular work of the Court. He was a litigant now and then,
as a matter of course, both during and after his own period of office.
The last codicil to his will was dated 5 March, 1644, and soon there-
after cases in connection with his succession appeared in the Sheriff Court.
On 7 February, 1645, a Decree was obtained at the instance of Elspet
and Christane Crombie, sisters and co-heirs of the deceased, with consent
of John Gordoun and Robert Smith, burgesses of Aberdeen, their
husbands, against Dame Margaret Ker, the widow, for exhibition and
delivery of the deceased knight's title deeds and securities. In June,
524
Officials: Sheriffs
1646, an arrestment was used in the widow's hands, proceeding, it is
assumed, upon the foregoing Decree (certainly upon a Decree of the
Sheriff Court) of " threttie packit packis of fedder beddis, bowsteris, plaidis,
sheitis, coveringis and uther bedding and plenishing " pertaining to her,
to remain under arrestment until the Decree was satisfied. That arrest-
ment was loosed upon Robert Keith of Aquhorsk becoming cautioner
for the Defender on 6 June, 1646. (Supra p. 514). On 24 June, 1646,
there was another Decree at the instance of the sisters against the widow
for exhibition and delivery of Bonds. Much later, on 22 May, 1651,
there is a most interesting Decree, at the instance of the creditor of a
legatee, in which the whole history of the insufficiency of the estate upon
realisation, to meet the legacies, is set forth. The result generally was
that the legatees received considerably less than what had been left them,
Marischal College getting £1 1,034 Scots instead of 20,000 merks.
The reason of the unfortunate sale of the estate (valued by Sir
Thomas at 100,000 merks and sold to Alexander Strachan, Younger
of Glenkindy for 82,000 merks) is attributed to the " iniquitie of the
tyme " whereby the lands had become " altogidder ruined, cast waist and
deteriorat."
The Defenders in the action besides Sir Thomas Crombie's two
sisters were Thomas Gray, Provost of Aberdeen at the time of the sale,
(the price being payable at Whitsunday, 1649) and Strachan, the pur-
chaser.
Readers of quaint old Spalding will find ample explanation of how
the lands of Kemnay came to be in such poor condition when sold.
1635-46. SIR ALEXANDER IRVING OF DRUM.
. According to Spalding, the Laird of Drum who had already been
Sheriff in 1629-30 was appointed for 1634-5 5 but the Laird of Kemnay is
proved by the Books of Court to have been in office as late as Deer.,
1635. Sir Alexander's Commission would run from that time, and
appears to have been renewed, year by year, until 1646 at least. In none
of the existing Court Books for the period is he mentioned as Sheriff,
except in 1639-40-41 ; but as the Diet Books proper are missing, that is
not inconsistent with the fact, and Spalding's authority might have been
accepted as sufficient without further evidence. A Decree of the Sheriff
525
Aberdeen shire Sheriff Court:
Court, however, of 16 August, 1650, has been found, in which there is
narrated an earlier Decree, dated 25 Novr., 1646 (" Sir Alexr Irvine of
Drum Knight, being then Shirreff principall.") In the " troubles " the
sympathies of Drum were with the Royal Cause, which entailed upon
himself and his family much suffering and loss, as may be read in the pages
of the sympathetic Spalding. In this connection may be noticed a
transaction which he entered into in 1642 or 1643 with one of the Sheriff
deputes, who was his neighbour, and, so far as can be gathered, his
confidential adviser and friend at that time. By a Tack or Lease, dated
9 January, 1643, he let to Mr. William Davidson of Carnie and his
subtenants, his Lands of Drumoak and salmon fishing on the Dee
pertaining thereto, for Mr. Davidson's life, at a rent of ten merks Scots
and the old Teind silver. Davidson's entry was declared to be at
Whitsunday, 1642 ; but the lease bore " in the end thereof" the provision
" that it should be lawfull to the granter " (Sir Alexander) " in his owne
tym to anull the said tack at his pleasur." This, it will be observed, took
place at a comparatively early stage of the troubles. At a later period —
3 January, 1648, but still in Mr. Davidson's lifetime — Sir Alexander
granted another tack to Jean Abercrombie, Davidson's wife, of the same
subjects (rather more fully described in the Decree after referred to)
for her life, with entry at her husband's death. The lease was to her and
her sub-tenants " of german degree " the rent was ten merks and £5 teind
silver. The same provision in favour of the Laird of Drum to annul
at any time at his pleasure, was repeated as in the former lease. This
clause the laird took advantage of in 1655, and obtained on 7 December
of that year, a Declarator of nullity in the Sheriff Court, against Mr. and
Mrs. Davidson. Whether this transaction was, in its beginnings, a device
to safeguard, by putting into a friend's hands, part of the family property
until " the troubles " should be past, or a real onerous bargain, cannot
now be settled : but it might well be the former. It certainly points to
such intimate relations between the Sheriff and his depute, as to give
colour to objections which, as may be seen (supra p. 490), were taken to
Davidson as a Judge competent in Laird Drum's litigations.
To return to Spalding, we find that in the early days of 1644 he has
it that " the laird Drum, Schirref principall of Aberdene, is chargit with
letteris direct out in the Kingis name (bot God kenis if thay war with his
526
Officials: Sheriffs
Majesteis will) to ... go serche, seik, tak and apprehend the laird
of Haddoche " (Sir John Gordon) " or to tak his hous and mell with his
rentis." This, it may be noted, was about the time the Scots army, under
Alexander Leslie, Earl of Leven, crossed the Tweed to the support of
the English Parliamentary party against Charles I. Irving went with a
Sheriff depute and party to the house of Kelly, but did not apprehend
Haddoche. Soon after, the Sheriff was charged to apprehend the
Marquess of Huntly, but this he said was the business of the Sheriff of
Banff, the Marquess' House of Bog being in that County. On 26 March
the Marquess came to Aberdeen accompanied by his friends, and among
them Alexander Irving, Younger of Drum, and his brother Robert : but
not the old Laird. In a quaint parenthesis the Chronicler records " bot
the auld laird Drum baid still at home and miskenit all." The sacking
of the house of Drum by Argyle's soldiers in the following May was
only a sample of the miserable condition to which Aberdeen and its
neighbourhood were reduced in that wild time. The City and district
were literally ground as between the upper and nether mill stones. By
the year 1645, the old Laird and his two sons were in custody in Edin-
burgh, where one of the sons died after much harsh treatment. In May
the old Laird seems to have been liberated. He did not live to see the
Restoration, his death having taken place in 1658.
1647. SIR WILLIAM FORBES OF CRAIGIEVAR.
At the period we have now reached, Charles I. was a prisoner in the
hands of the English Parliamentary Commissioners, and the Covenanting
party in Scotland had practically undisputed sway. Hence we have one
of the Forbes family, who, for the most part, were on that side during
the troubles, appointed (17 March, 1647) by the Parliament, Sheriff until
Michaelmas following.
Sir William Forbes, the son of William Forbes, the first Forbes of
Craigievar, and nephew of the pious Bishop Patrick Forbes of Corse,
succeeded his father in the end of 1627, and was created a Baronet of
Nova Scotia in 1630. His death appears to have taken place in the
year 1648 and Mr. Thomas Thoirs, Minister at Udny, obtained on 24
April, 1650, a Decree in the Sheriff Court against " Sir John Forbes of
Cragivar son and air of umqll Sir Williame and his tutors and curators
527
Aberdeenshire Sheriff Court:
if he any have," for the purpose of registering for execution against the
heir a Bond for 3000 merks, dated 21 June, 1648, granted by Sir William,
as Cautioner for John Forbes of Aslowne, who had been Sheriff Depute
under Sir William in 1647.
Sir William was one of the Commissioners of the Shire in Parliament
in 1641, and for several years afterwards, and a member of all important
Committees.
The references to his public life are too numerous to be mentioned,
but a few may be noted.
He was one of the Commissioners for visiting the Colleges in
Aberdeen in 1645 and 1646.
On 3 February, 1646, on a motion by him and the Laird of Echt,
a Commission was appointed to enquire into the losses of Aberdeen in
the troubles.
Sir William appears to have been much out of pocket himself in
connection with his exertions on behalf of the Parliamentary party, and
so we find arrangements made for his re-imbursement. The seizure of
the house of Drum has already been referred to, and it seems that
Craigievar had been in possession of it, on behalf of his party, and at
serious charges. The rents had been granted to the Earl Marischal, in
order partly to recoup him for his losses ; but in February, 1646, the
Parliament suspended the grant to him, and gave Sir William Forbes
possession with right to draw the rents.
In the following Parliament (of which he was not a member) an Act
was on 26 March, 1647, passed, voting him £10,000 Scots for his present
subsistence and towards reparation of his and his tenants losses and
sufferings during the troubles.
Immediately before this, he had, as has been stated, been appointed
Sheriff Principal. The Act appointing him bears that his election took
place after " Leitting and voyceing " from which it would appear that at
least one other name had been before the Commissioners.
On 27 March, 1647, he obtained a Parliamentary Ratification of two
Charters by King James VI. to his father, of the Lands and Barony of
Logiefintrie, and of a third by King Charles I. to his father in liferent,
and himself in fee of the same lands.
528
Officials : Sheriffs
1647. WILLIAM, 6TH EARL MARISCHAL.
During a part of the struggle between Charles I. and the popular
party, the Earl was the local leader of the latter, as the Marquess of
Huntly was of the Royalists. Afterwards he leaned to the King's side,
becoming an " Engager," and according to Douglas, he raised a troop of
horse and was with the Duke of Hamilton's Army in the invasion of
England for the rescue of the King. In any case it is plain that some-
where about this time he was in favour with the unfortunate Monarch,
for there is clear evidence that he received a letter under His Majesty's
Privy Seal conferring on him the Sheriffship of Aberdeen for life.
The King was by this time a prisoner, having been given up by the
Scots, to whom he had surrendered, but a large party in Scotland had
now become parties to the engagement for his rescue. So we find Earl
Marischal's title recognised by the Estates, who appointed a Committee
of their number to settle a dispute as to whether the Lairds of Philorth
and Udny, East Aberdeenshire Lairds, or the Lairds of Craigievar and
Echt, West Aberdeenshire Lairds, had been elected Commissioners to
Parliament for Aberdeenshire. The question was certainly raised at a
Head Court, presided over by the Earl Marischal as Sheriff. There
being no Diet Book for the period, it does not appear in what circum-
stances the dispute arose, but both parties presented Commissions to
Parliament. It is not clear whether there was more than one Head
Court, but the election in dispute took place at a Head Court at Peter-
head, on 5 October, 1647. The Sheriff's decision in favour of Philorth
and Udny was appealed by their opponents to the Estates, and the
Committee appointed took the oaths of verity of the Sheriff and of
Philorth and Udny, and on their Report their Commission was
sustained.
The Earl did not hold office long at this time, being displaced by
the Scotch Committee of Estates in the beginning of 1649, but he was
restored to office by Charles II., with consent of Parliament, in 1661.
1649. WILLIAM, MASTER OF FORBES.
On 30 January of this year, Charles I. was beheaded and (to quote
the words of an Act of Parliament of Charles II. of 1661) William, Earl
xxx 529
Aberdeenshire Sheriff Court :
Marischal " was debarred from the exercise of the Schirreffship by those
who usurped the Government after 1648."
As may be remembered, Charles I. about 1629 had abolished the
heritable Sheriffship in the County of Aberdeen, and Sheriffs had been
appointed by the year or for limited periods until Sir William Forbes"
term of office expired at Michaelmas, 1647, when the King conferred the
office upon William, Earl Marischal for life. His doing so was probably
only one of many gifts of a similar kind, and so the Estates passed on 15
March, 1649, the " Act anent new giftis of heretable or Lyfrent Shirrife-
schipes, Bailliaries or regalities," part of which may very properly be
quoted as forming a link in the history of the office at this period.
" THE ESTATES of Parliament TAKING in their consideratioune
the manifold reasones obleidging thame to purge the judicatories of the
Kingdome .... and withall considdering the manifold preiudices
and evill consequences of the laite designe to inslave the kingdome by
many uther meanis So by the laite new giftis of heretable or lyfrent
Shirreffschippis .... so farr contrary to the old Actis of Parliament
wherby they should not be disponed without express advyse and consent
of Parliament and contrarie to the weill of the kingdome and our laite
Soveraigne Lord his many resolutiounes and declaratiounes in favouris
of the Shires, THAIRFORE and for many uther reasones and con-
sideratiounes moveing thame THEY doe Repeall recall and rescind the
foirsaid Comissiounes .... Lykas they Repeall rescind and annull
all Comissiounes or giftis for new heretable or Lyfrent Shirrifeshippes
granted of new by our Laite Soverane Lord since the
Parliament 1641 To any except to such as had thame of befoir and
are free to the Classes And dischairges the receaveris of these giftes
to Clame any Jurisdictioune therby over the Leidges .... Lykas
the Estaites of Parliament Dischairges the Leidges after the pro-
clamatioune of this Act to acknowledge or obey the Courtis or ordouris
of the foirsaid Schirrifes . . . ." *
On the same day, by an " Act electing of Schirrifes principallis in
the severall Shires," 2 on the narrative of the repealing Act quoted above,
the Estates of Parliament appointed William, Master of Forbes, Sheriff
principal of the Shire of Aberdeen for a year. There is a record of a
I Scots Acts VI. Part II. p. 297. 2 Ibid. p. 316.
530
Officials: Sheriffs
Head Court held on 2 October of that year, at which he presided.
It has not been ascertained for certain whether he continued in office
more than a year, but no trace of any other has been found prior to the
advent of the Commonwealth a year or two later. The Courts continued
to sit regularly, and Thomas Gordon and Alexander Forbes, both Deputes
under the Master of Forbes — sometimes one sometimes the other —
dispensed justice until the end of February, 1652. The Michaelmas
Head Court was held (the Sheriff Depute, Thomas Gordon presiding)
on 30 September, 1651, which was after the arrival of the English forces,
but there is no record of a Yule Court in the beginning of 1652. The
probabilities are rather in favour of there having been no other Sheriff
between the Master of Forbes and Col. Richard Ashfeild and Mr. Alexr.
Douglas of Dounies who took office under the Commonwealth.
Many references to William, Master of Forbes are found in the
Records of the time. On 21 Septr. 1639, he was one of those appointed
by Parliament with the view of settling the disorders in the North and
securing the peace in time to come. In a Decree of the Sheriff Court on
7 Deer., 1655, it is stated that he commanded a Regiment at Aberdeen
in the year 1640 or thereby.
Among the proceedings of Parliament 21 June, 1644, there is an Act
giving effect to the Master of Forbes' supplicatione for payment of a
reward of 3,000 merks for the apprehension of Robert Irving, Laird of
Lenturk, who had been declared fugitive for not appearing before the
Committee of Estates at Aberdeen. On 6 March, 1645, he was appointed
one of those to command the forces in Aberdeenshire, and a member of
the Committee of War for the County in the following year. In 1648
he was appointed by the Estates one of the Colonels for the County.
The same was repeated in the following year. In point of fact he was on
almost all the Committees nominated by the Estates and was a most
prominent and zealous member of their party.
As an instance of his zeal we find that he was one of those who laid
siege to the house of Pitcaple and burned it, for which, and the bloodshed
in connection with it, he received the approval of the Estates in March,
1649, as having acted for the public good.
The revocation by the Master of Forbes, made in the Sheriff Court
at Aberdeen in May, 1647, may be referred to here. \_Supra p. 515]. It
Aberdeenshire Sheriff Court
is of interest as a specimen of appearances, which were formerly not very
uncommon, and as an evidence, too, of the early age at which young men
of family in those days took part in public affairs.
The subject of this notice outlived all the troubles, became Lord
Forbes on his father's death, and died in 1691.
532
The Sheriffs-Depute.
1600-1621. JOHN GORDOUN OF BOGS, TULLIGREIG,
LENTUSCHE AND LITTLE GOWELL.*
The designations following the name of this John Gordoun occur in
succession in the Books of Court, and at first sight suggest that there were
four different Sheriffs-Depute, one after another, of the same name. After
very anxious examination of contemporary records and comparison of
signatures, the writer has arrived at the conclusion that only one person
of the name of John Gordoun held the office during the years indicated,
and that he did so without a break except for a period of rather more
than a year — 1617 — when he was warded in Edinburgh in connection
with what has been regarded as the judicial murder of Francis Hay in
December, 1615.
It is evident from the numerous allusions to him, that he was a
trusted henchman of the house of Gordon, and that the doings of himself
and his friends not infrequently attracted the unfavourable attention of
the Privy Council. He is believed to have been a natural son of
Alexander Gordoun the second of Knokespok, and a great-grandson of
William Gordoun the first of Buckie. Much might be written about this
interesting Sheriff-Depute, but space does not permit. He was admitted
a burgess of Abd. in 1 599, he was an elder in the parish of Fintray in
1 60 1, he had a " Chalmer " in a house on the west side of the Gallowgate
as late as 3 Octr., 1620 [vide supra p. 128], and he died between that date
and 28 November of the same year, when his son Thomas was admitted
a burgess.
1621-6. THOMAS GORDOUN OF LITTLE GOWELL.
* An asterisk after the name of a Sheriff-Depute is intended to denote that he was Principal
Sheriff-Depute.
533
Aberdeenshire Sheriff Court:
1601-1617.' MR. RICHARD IRVING OF HILTOUN,
BURGESS OF ABERDEEN.
Mr. Irving was admitted at Michaelmas 1601 and continued to
exercise the office till 1617. From the beginning of the i/th century there
appears, as a rule, to have been a lawyer conjoined with the laird in the
office of Sheriff-Depute. This second depute did not occupy quite the
same position as the other and, although this is not expressly stated in
Irving's appointment, it may be reasonably assumed from what is found
to be the practice very shortly afterwards. A Mr. Richard Irvine appears
on the List of Advocates in Aberdeen in 1577, and a person of the same
name is several times cautioner on the admission of burgesses after that
date. Although not so designed he may be considered to have held the
same position as the Sheriff-Substitute of a later period.
1612-17. MR. ALEXANDER JAFFRAY OF KINGISWALLIS.
1616-21. JAMES GORDON OF KNOKESPOK.*
1622-33. MR. JAMES IRVING, ADVOCATE IN ABERDEEN.
1618-25. MR. WILLIAM PAIP, ADVOCATE IN ABERDEEN
1625-30. MR. ALEXR. PAIP, ADVOCATE IN ABERDEEN.
1625-9. WILLIAM GORDOUN OF KNOKESPOK.*
1629. JOHN KEYTH OF GLACKREAUCHE (CLACKRIACH).*
1629 and later. WILLIAM CoRDONER, ADVOCATE
IN ABERDEEN.
1629 and later. ALEXANDER THOMSONS, ADVOCATE
IN ABERDEEN.
1630. THOMAS JOHNSTOUN OF CRAIG.*
I The dates prefixed to the names in this list cannot be warranted to be more than approxi-^
mately accurate, and one or two names of persons appearing only once or twice have been omitted.
534
Officials : Sheriffs-Depute
1630. JOHN MAKIESON IN INVEROURIE.
1631-32 ALEXR. FORBES, YOUNGER, OF BOYNDLIE.*
1629-46. MR. WILLIAM DAVIDSON, ADVOCATE, ALSO OF
ORD AND LATER OF CARNY.*
Mr. Davidson was a member of the Scottish Bar as early as 1618,
the first, so far as observed, to hold judicial office in the County of Aber-
deen.
At the date of his first appearance on the bench in the Aberdeen
Sheriff Court, he was one of the deputes under the Principal Sheriff-
Depute : but during Sir Alexander Irving's second term of office he
probably had the higher status, and it is quite apparent from the entries
in the Records of the Court and elsewhere, that his relations with the
Laird of Drum were of an intimate kind. In 1637 Mr. Davidson obtained
a Crown appointment for life, or to use the words of Spalding " Mr
William Davidson purchased ane Commission frae the Council to be
Sheriff depute dureing his lifetime and the Court fenced in his name with
the principall Sherriffs wherof the like was never sein here." In the Books
of Court he is occasionally styled " our Sovereign Lords Depute of said
Sheriffdome " or Sheriff-Depute " appoynted be his Majestic," quite con-
firming the old chronicler, to whose pages and to the Scots Acts reference
is made for many interesting notices regarding Mr. Davidson. In the
end probably in 1646, he was fined 3,000 merks Scots by the Committee
of Estates, and deprived of his office, as " ane malignant." He was able
to pay .£1,000 Scots of the fine, and in 1647, upon his petitioning Parlia-
ment, the other £,1000 was remitted : but apparently his supplication to
be restored to office was not favorably entertained.
1634. MR. ALEXANDER GARDYNE, ADVOCATE
IN ABERDEEN.
1634-44. MR. ROBERT REID, ADVOCATE IN ABERDEEN.
This Sheriff-Depute began to sit under Sheriff Crombie : but con-
tinued under his successor Sir Alexander Irving doing a large part of the
535
Aberdeenshire Sheriff Court
work until his death in the conflict at the Crabstone on 13 Septr., 1644.
He was an Advocate in Aberdeen in 1633, and was probably the burgess
of that name admitted (ex gratia) in 1628. It may be concluded from
his taking part against Montrose (then a Royalist) in 1644, that his
sympathies were with the covenanting party. His colleague Mr. Wm.
Davidson, as we have seen, favoured the other side.
1636. ROBERT IRVING OF MONTCOFFER.*
1647. JOHN FORBES OF ASLOUN (ASLOWNE).*
1647. JOHN KEITH OF CLACKRIACH.*
1648. WILLIAM KEITH IN GARLOGIE.
536
The Sheriff Clerks
1600-30. MR. WILLIAM ANDERSON.
Mr. William Anderson, whose appointment was dealt with in Vol. I.,
continued to hold office until his death in 1630, or perhaps 1631. He
was closely identified with the old regime, and apparently attached to the
old religion. In 1628, and while still Sheriff Principal, Lord Huntly was
called upon by the Privy Council to remove him from office " as ane
profest and avowed Papist and under processe of the kirk for Poprie."
It may have been the dread of what might happen to him through
the intolerance of his adversaries, or it may have been on account of
advancing years that induced him [Supra p. 279] to obtain in 1624, a gift
of the reversion of his office to his son Mr. George Anderson, Advocate
in Aberdeen, and again in 1626 [Supra p. 289] to cause his youngest
daughter Helen to choose curators during her minority. It is interesting
to note that one of these was the well known Mr. Robert Gordoun of
Straloche. Mr. Anderson in spite of the attacks upon him succeeded in
remaining in office until his death in 1630 or 1631. The last of his
numerous signatures occurred in the former year, but so late as I
December, 1630, there is an entry [Infra p. 336] indicating that, although
his successor, Mr. Patrick Chalmer, was already his colleague, he was still
in life.
A Mr. Wm. Andersone held the office of Canonist at Kings College
in 1619, and the probabilities are that the Sheriff Clerk and he were the
same person.
1630-46. MR. PATRICK CHALMER.
Mr. Chalmer was a son of the Sheriff Clerk of Banffshire. He
married Helen Andersone, the daughter of his predecessor, was apparently
for a short time his colleague, and afterwards his successor in the office.
He was also from 1643 until his death in 1646 Town Clerk of Aberdeen.
According to Spalding he was sent to Berwick in July, 1639, to represent
YYY 537
Aberdeenshire Sheriff Court
how those for whom he acted " were undone and oppressed be the
tyrannic " of the Covenanting party. Reading this along with an entry
in the Scots Acts in 1644, bearing that he was summoned before Parlia-
ment and remitted to the Committee at Aberdeen for trial and censure,
it may be gathered that his sympathies were not with the popular side.
1646-9. MR. JOHN CHALMER.
This Sheriff Clerk was the brother of his predecessor, at one time his
Depute as Sheriff Clerk, afterwards conjoined with him and ultimately
his successor. He seems to have been also for a short time conjoined
with Mr. Patrick Chalmer in the office of Town Clerk, and to have suc-
ceeded him in that position also. As no trace of any other Sheriff Clerk has
been found, until the appointment of Mr. John Campbell in 1649, it is
assumed that Mr. John Chalmer held office until that date.
538
The Procurators Fiscal
1600-1631. MR. WILLIAM BARCLAY, ADVOCATE
IN ABERDEEN.
1629. MR. ALEXANDER GARDYNE, ADVOCATE
IN ABERDEEN.1
1631-1649. MR. ALEXANDER DAVIDSONE, ADVOCATE
IN ABERDEEN.
I Almost no trace has been found of Mr. Gardyne having acted, but as he was Fiscal in
Criminal and Capital actions, the Books containing which are missing, it does not follow that he
did not act.
539
ERRATA.
Page 6. On third line for 1510 read 1610.
Page 496. On tenth line for 1644 read 1643.
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