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HICK 1214-1814. Laefcing title, 1.00
f thi sottish town, published
1851.
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GIFT OF
PROFESSOR C.A. KOFOID
CONTENTS.
PAGE
DEDICATION, Hi.
PREFACE, vii.
ANNALS of HAWICK, from 1214 to 1814, . 1-188
SUPPLEMENT.
" The Commissionaris Court Buik of the Sherif domes
of Bervick, Selkirk, Peiblis, Jedbrugh, Dum-
freis, and stewartries of klrkcudbrtcht and
Annandaill, quhairintill Gilbert Watt, notar,
IS CLERK, BEGUNNE THE XXI OF MaIJ 1622, AT DUM-
freis. (S. S.) Gilb. Watt, Clk." . 191-305
APPENDIX.
I. Gavin Douglas, .... 309
II. Douglas of Drumlanrig, . . . 311
III. Observations on the Charter of 1537, . 316
IV. Charter of Confirmation by Mary Queen of
Scots, under the Great Seal, in favour of the
Town of Hawick, 1545, . . . 318
V. Instrument of Sasine in favour of James Scott
alias Bailzie, 1558, .... 330
VI. Rev. William Fowler, ... 332
VII. Act in favour of William Lord Drumlanrig, for
two YeirUe Faires at the Toun of Hawick, 1 669, 335
VIII. Ratification by the Scottish Parliament in fa-
vour of Anna, Duchess of Buccleuch, of the
Lands and Barony of Hawick, &c, 1686, . 336^
b
hh*>A rjfiOQ
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CONTENTS.
PAGE
IX. Ratification by the Scottish Parliament in fa-
vour of Anna, Duchess of Buccleuch, of the
Earldom and Lordship of Buccleuch, 1 693, 341
X. Rev. Alexander Orrok, . . . 341
XI. Rev. Robert Cunningham, . . . 346
XII. Rev. William Crawford, . . . 349
XIII. Rev. Thomas Somerville, D.D., . . 350
XIV. Remarks on the Tenure of the Burgh of Hawick, 363
XV. Observations on the Division of Hawick Com-
mon, in 1777, .... 366
XVI. Rev. Samuel Charters, D.D., . . 373
XVII. Set of the Burgh, ... 385
XVIII. Rev. John Young, D.D., ... 389
XIX. Judgment of the Court of Session in the Cattle
Stent Case, ..... 391
XX. Corporation Abstract, 1814 to 1815, . 393
XXI. Corporation Abstract, 1846 to 1847, . 394
XXII. Comparative View of the Trade of Hawick,
1771-1850, .... 396
Addendum. — Rev. George Hepburn and the Rev. Tho-
mas Somerville, .... 397
PREFACE.
The completion of a line of Kailway, to which
the metropolis of Scotland and the ancient burgh
of Hawick have become respective termini, with
certain advantage to the latter, if not indeed to
both places, — appeared to the compiler a suitable
opportunity for stringing together such notes con-
nected with the history of the town, as he had
from time to time entered upon his tablets. In-
considerate observers may feel disposed to under-
value these " short and simple annals ;" but
when it is remembered how completely neglected
the topography of our country has been, and how
important are the smallest materials which con-
tribute to remedy the defect, the facts herein-
after recorded may appear to be neither unin-
teresting nor entirely devoid of historical value.
To some individuals, the Record of the Pro-
ceedings of the Circuit Court of Justiciary, held
Vlll PREFACE.
at Dumfries and Jedburgh in the years 1622 and
1623, contained in the Supplement, may seem to
have no special connection with the town of Ha-
wick ; yet it certainly sheds light on the state of
society throughout that part of the Borders with
which the town is usually identified, during a pe-
riod when history furnishes but scanty materials
for reference ; and a collection can hardly be
considered altogether insignificant, containing
authentic reports of our ancient mode of proce-
dure in trials for crime on the Borders, of a
much earlier date than any of a similar charac-
ter yet discovered.
The Appendix includes several documents
hitherto unpublished, calculated to convey to the
reader an accurate notion of the municipal con-
stitution of the burgh ; and, with regard to the
Biographical Sketches, although the lives of some
of the persons may be found elsewhere, these, for
the most part, are contained in books not gene-
rally accessible to most readers.
The View of Hawick, from a painting by Mr
Andrew Richardson of Edinburgh, is taken from
Easter Martin's Hill, a point which is considered
to afford the most pleasing representation of the
locality.
The Vignette is from a painting, apparently
PREFACE. IX
that executed by L. Clennel for Sir Walter
Scott's Border Antiquities of England and Scot-
land, published in 1813.
To Alexander M 'Donald, Esq., Keeper of the
Register of Deeds in the General Register House,
Edinburgh, who, by revising with remarkable
care, the proof sheets of the Justiciary Record,
relieved the Editor from that irksome task, his
thanks are justly due, and gratefully tendered.
Had access to the archives contained in the
charter-rooms of the feudal mansions connected
with this part of the Southern Border been
obtained by the compiler, the following pages
might have been rendered more complete and
interesting. As it is, he can only express a
hope that some future and more competent indi-
vidual may enjoy that fortunate privilege.
While these sheets are passing through the
press, a very interesting work, intituled, " De-
scriptive Catalogue of Casts of the Royal, Baro-
nial, and Ecclesiastical Seals of Scotland," by
Mr Henry Laing of Edinburgh, has been an-
nounced for publication. By his permission, the
following description of the seals in the Hawick
Charter Chest is extracted from the work : —
x preface.
" James Douglas of Drumlanrig, 1537.
Quarterly first and fourth, three mullets ;
second and third, a man's heart ; and on a chief,
three crosses pattee.
4 S. J. D. de Drumlanrege.'
(that is, Seal of James Douglas.)
Appended to a Charter by James Douglas of
Drumlanrig to the town of Hawick, 11th October
1537.
Mary, a.d. 1545.
The Queen is here seated on a throne of state,
with a sceptre in her right hand, and her left
lying on her breast. The throne is elaborately
embellished with carved ornaments in that mixed
Italian style prevailing at the time, and now
called Elizabethan. The inscription is imper-
fect, but may be read,
1 Marta Dei Gracia Regina Scotorum.''
Counter Seal of the last.
The royal arms of Scotland. Supporters, two
unicorns chained, and gorged with a crown.
Above the shield, an arched closed crown of
fleur-de-lis and crosses pattee, the arches meet-
ing and terminating in a ball, surmounted with
PREFACE. XI
a thistle crowned. The inscription is not very
distinct, but can be read,
' Salvum fac Populum tuum D^ne." 1
Seal of the Burgh of Hawick, circa 1814.
The common Seal of the burgh of Hawick has
crosses pattee. The shield is surrounded by the
collar of the Thistle, and further embellished by
two banners, the dexter charged with a saltire,
and the sinister, another of the same surmounted
with an open crown. Behind each supporter is
the arms of the burgh, viz., argent, an altar,
thereon an open book (the Bible ?) between a
pennon waving towards the dexter, inscribed
with the date 1514; and a man's heart imperi-
ally crowned, all proper fesswise ; and on a
chief, sable, a lamp with two branches inflamed,
proper. On a garter surrounding the shield is
inscribed,
4 SlGILLUM BURGI DE HAWICK.'
The charges of the altar and lamp are of
course allusive to the religious intentions of the
donor of the charter to the town, one of the con-
ditions of which is, that the good town should
bear the expense of burning a lamp on certain
festivals, for the health of the soul of himself
and his successors. The pennon commemorates
Xll PREFACE.
the event of the capture of such a trophy by the
burghers of Hawick from the English, at a skir-
mish in the neighbourhood of the town in A. D.
1514. The heart is too well known to require
any explanation.'"
Hawick, January J 850.
1
ANNALS OF HAWICK,
1214-1814.
1
ANNALS OF HAWICK.
A.D. 1214.
" Dedicata est ecclesia Sanctse Marise de
Havic a Domino iEpiscopo Cathenensi iiij. Kal.
Junii (May 29). " — Chronicle of Melrose, p. 115. ::
This, the earliest notice of Hawick which has
been discovered, imports that the Church of
Hawick was dedicated in honour of the Blessed
Virgin by Adam, Bishop of Caithness, who was
consecrated to that see in the same month of
May.
Mr George Chalmers, a very learned and care-
ful antiquary, has however stated that the church
was probably as ancient as the time of the Saxon
settlers here, the chief of whom built the mansion
* The Chronicle of Melrose is a historical record, com-
piled by inmates of that monastery, and embracing a period
from a. d. 731 to a. d. 1264. The best edition is that edit-
ed by the Rev. Joseph StevensoD, and presented to the
members of the Bannatyne Club by the late Sir John Hay
and Alexander Pringle, Esq. in 1835.
4 ANNALS OF HAWICK. [1214.
of his manor in the curve of the Slitrig. If so,
the origin of Hawick must be referred to a date
anterior to the thirteenth century.* The records
afford no information regarding the architecture
or history of the original structure. All they
disclose is, that about the year 1 763, the church,
which had become ruinous, was removed to make
way for the present inelegant building, which,
however, occupies an admirable site.
There is reason to believe that the old bridge
near the church is of equal antiquity. So recently
as the beginning of the present century, part of a
female head, carved in stone, was visible under-
neath one of its arches, which — corbel, or keystone
— probably gave rise to the tradition that it was
constructed by a lady.
The stones are said to have been brought from
Whitrope quarries in Liddesdale, twelve miles
distant.
It is remarkable that there is no allusion in the
records of Hawick to the MOTE, the only other
remnant of antiquity of which the town can boast.
It admits of dispute whether this most interesting
remain is to be referred to a British or Saxon
origin, although archaeologists profess themselves
able to decide the point, from an examination of
the contents of similar tumuli. Sir Walter Scott,
* According to Chalmers, the Saxons occupied Teviot-
dale as early as the sixth century. — Caledonia, vol. ii. p. 93.
1214.] ANNALS OF HAWICK.
whom nothing regarding the antiquities of our
country escaped, in his Lay of the Last Minstrel,
points to the British, or earlier period, for its
formation —
u Dimly he viewed the moat hill's mound,
Where Druid shades still flitted round."
The Mote of Hawick is certainly one of the
oldest works of art in Eoxburghshire ; more an-
cient probably than the Roman Causeway, and
certainly more so than the Catrail. What adds
to its interest is, that while the Causeway and
Catrail, the greater parts of which have already
been destroyed, are likely soon to disappear alto-
gether before the march of agricultural improve-
ment, the Mote still remains entire, and will cer-
tainly endure undecaying, until the people become
more barbarous than those wandering tribes by
whose hands it was formed.
On all hands, the Mote is allowed to have been
the place where justice was once administered.
But the erection of the Church, which seems also
to have been used as a Hall of Justice, would
naturally lead to the disuse of the Mote for that
purpose : when no longer required for any special
use, it would soon cease to be noticed, and thus
the silence of the Town's Records becomes intel-
ligible.
Although the Mote thus answered the purpose
of a Court-house, and was probably also a place
of rendezvous prior to the origin of the town, yet
its primary use seems to have been different.
6 ANNALS OF HAWICK. [1214.
Hear on this point the venerable Gawyn Douglas,
Rector of Hawick, in 1496 —
" O Caieta! thou nuris of Enee,
Thow has also that tyme quhen thow can de ;
Untill our coist or fronters of Itale,
Geuin the brute and fame perpetuale,
Quhill this day the ilk place and stede,
Obseruis the renoune efter thy dede :
Thy tumbe and banis markit with thy name,
In grete Hisperia witnessing the same ;
Gif that be oney glory now to the,
The reuthful shaw and deuoute Prince Enee,
Performyte dewly thy funerall serwyce,
Upoun the sepulture as custom wes and gyse,
Ane hepe oferd, and litell mote gart uprayes."
Virgil's JEneid, opening of Book 7.
It may not be considered altogether out of
place to notice another work of great antiquity,
named the Catrail, or Picts-work Ditch, although
situated at some distance from the town. This
vast construction of the Romanized Britons, the
children of the Gadeni or Ottadini of former
times, who possessed this country after the decline
of the Roman power, according to Chalmers, ori-
ginally consisted of a fosse or ditch, 26 feet
broad, having a rampart on either side of it, from
8 to 10 feet in height, formed of the earth thrown
from the ditch, was constructed by the ancient
Britons as a defence against the invading Saxons,
about the fourth or fifth century, and after the
withdrawal of the Romans. Commencing near
Galashiels, it traverses Selkirkshire and enters
Roxburghshire, where it crosses the Borthwick
1214.] ANNALS OF HAWICK. <
water, near Broadlee. It thence proceeds by
Slatehillmoss, crosses the Teviot, through the
farm of Northhouse to Doecleuchhill. It then
crosses Allan water to Dod, and courses eastward
by Whitehillbrae, within five miles of Hawick.
It thence proceeds by Carriagehill, crosses Lang-
side burn, the northern base of the Maiden Paps,
Leapsteal, Roberts-lin, and Cockspart, and again
appears in the Dawstane burn, its entire length
being forty-five miles, of which eighteen are in
Roxburghshire. It is said, that at equal dis-
tances, appearances indicate the sites of separate
towers, thus giving to the work the character of
a regular fortification. Considering the age and
circumstances under which it was formed, this
work must be admitted to have been a very great
one, and hardly, if at all, surpassed by those of
our own age. While it is yet time, it were to be
wished that some of the affluent proprietors
through whose lands the Catrail runs, would pro-
cure accurate delineations of its remains.
The earliest notices of the town in print are
contained in the Chartularies of some of our
ancient Monasteries, of which the following are
instances.
1214.
Roger, son of John de Hawic, is witness to a
Charter granted by Anselm de Molla, 1165-1214.
— Liber de Metros, p. 129.
Hugo de Hawic witnesses a Charter bv Robert
8 ANNALS OF HAWICK. [1235.
de Lundris of the Church of Ruthven, dated be-
tween 1180 and 1214. — Registrum de Aberbrothoc,
p. 41.
Adam, Seneschal of Hawick, is witness to a
Charter by John, son of Ylif, 1214-1 249.— Liber
de Metros, p. 232.
1235.
Maurice, Parson of Hawick, witnesses letter of
dedication of the churchyard of St Peter, on 4th
May 1235.— Liber de Metros, p. 321.
1268.
Rodolphus, Rector of the Church of Hawick,
witnesses a Charter of Laurence Avenel, dated
between 1260 and 1268. — Registrum Glasguense.
p. 183.
1275.
In the Roll of Bagimont, an ecclesiastic com-
missioned by the Pope to collect the tithes of all
the benefices in Scotland, for the relief of the
Christians in the Holy Land, the Rectory of
Hawick is valued at £ 1 6.— Registrum Glasguense,
pp. lxv., lxviii. Mr Chalmers thinks it should
not have exceeded £6.
1296.
Richard de Wytton, Parson of the Church of
Hawick, and Robert de Dene, Parson of the
Church of Wilton, swear fealty to Edward I. at
Berwick. — Ragman's Roll, pp. 139, 161.
1297.] ATCNALS OF HAWICK. 9
1297.
Sir William Wallace, apparently without an
attendant, pays a visit to his friend Longueville,
at Langlands (Wilton Lodge). This probably
occurred on his way to or from Newcastle in
1297. The thorn tree to which his horse was
tied, still exists. May it be long preserved from
rude hands !
1306.
In a Charter granted by Robert I. to Henry
Balliol of the lands of Branxholm, in the Barony
of Hawick, Richard Lovel is named as the former
proprietor. The grant excepts the lands which
had been given by the King to Walter Comyn. —
Register of the Great Seal, p. 6.
1342.
Sir Alexander Ramsay of Dalhousie, Sheriff of
Roxburghshire, is surprised on the seat of justice
at Hawick by Sir William Douglas, the Knight
of Liddesdale, carried to the dungeon of Dou-
glas's Castle of Hermitage, and there suffered to
die of want. Jedburgh being then in the hands
of the English, Hawick was the county town
where justice was administered.
1347.
Edward III. directs the Barony of Hawick,
then in possession of that Monarch, but which
had been previously held by Richard Lovel and
his ancestors for time immemorial, to be restored
JO ANNALS OF HAWICK. [1347.
to the said Richard. It was then valued by the
Royal Commissioners, or inquisition for all its
outgoings, at forty merks. The Grant is dated
at Redyng, 26th July 1347. — Rotuli Scotia?, vol. i.
p. 699.
In the Register of the Priory of St Andrews,
p. 261, is a Charter, granted apparently by the
same person, therein named, " Richard Lupellus,
Dominus de Hawic," by which he confirms to the
Canons of St Andrews two bovates (oxgates) of
land in Branxholm (Branceulla), granted to
them by Henry his father.
1300-1350.
William, " Clericus (Parson) de Hawick," is a
witness to this Charter, which is undated, but is
not later than the first half of the fourteenth
century.
King David II. grants a Charter in favour of
Maurice de Moravia, Earl of Strathern, of the
barony of Hawick, 1 329-1 371 . — Robertsons Index
to the Charters, 29 and 33.
The same Sovereign subsequently grants a
Charter to Thomas Murray, of the baronies of
Hawick and Sprouston. — lb. 17, 45.
1355.
John de Hawick, Chaplain, receives the King's
letter of presentation to the church of Hawick,
in the diocese of Glasgow,* vacant, and in the
* Modern Notaries have generally assumed Hawick to be
in the diocese of Edinburgh ; this seems erroneous. In the
1362.] ANNALS OF HAWICK. 11
King's gift, by reason of the custody of the lands
and heir of Richard Lovel deceased, who held in
chief of the King, dated at Westminster, 20th May
1356.— 29th Edward III., Rotuli Scotiw, p. 777.
1362.
William de Hawyk, merchant, belonging to
Scotland, having two companions, and three
horses, has, with other Scottish merchants, safe
conduct to go to England to traffic in their re-
spective vocations. — Scottish Bolls, 858, 35th
Edward III.
1365-6.
John de Hawyk, Chaplain, with four horsemen,
his friends, is mentioned among those to whom
letters of safe conduct are granted to visit various
places in England. — Rotuli Scoticv, 1-901, 40th
Edward III.
1367-8.
William de Hawyk, belonging to Scotland,
merchant, with one lad and two horses, has again,
with other merchants, safe conduct for England.
— Rot. Scotiw, 2-920; 42d Edward III.; and
again in 1369.
oldest Burgh Sasine discovered, dated in 1558 (see Appen-
dix, No. 5), Patrick Cozan, notary, specifies Glasgow as
the diocese, which is confirmatory of the preceding entry in
the Scottish Rolls. Edinburgh was not erected into a
bishop's diocese until 9th Charles I. (1633). This point is
merely matter of curiosity.
12 ANNALS OF HAWICK. [1379-80.
1379-80.
The name of John de Hawyk appears among
other Scottish clergymen (to whom letters of
safe conduct were granted of this date) proceed-
ing to Oxford to study. — Rot. Scotiw, 2-20 ;
3d Richard II.
1395.
John de Hawyk, Canon of Glasgow, witnesses
a deed in reference to the Hospital of Polmade,
November 139 5. — Regist. Glasguense, p. 294.
1412.
King James I., then a captive in England,
grants a charter, dated at Croydon in Surrey, in
favour of Sir William Douglas of Drumlanrig, in
the following terms: — " James, through the
grace of God, Kynge of Scottis, till all that this
lettre heiris or seeis, sendis gretyng ; Wit ye,
that we have grantit, and by this present lettre
grants, a special confirmation in the maist forme,
till our trusty and well belofit cosyng Sir Wil-
liam of Douglas, of Drumlanrig, of all the lands
that he is possessit and charterit of within the
kyngdom of Scotland ; that is to say, the lands of
Drumlanrigg, of Hawicke, and of Selkirk, the
which charter and possession by this lettre we
confirm. In witness of the quhilke, thes present
lettres we wrate with our proper hand, under the
signet usit in seyling of our lettres, as now at
Croydon, the last day of November the year of
our Lord one thousand four hundred and twelve. 1 "
— Peerage.
1413.] AXXALS OF HAWICK. 13
1413.
John de Hawick is notary to an impignoration
of land by Andrew Kinglass, 17th November
1413; also to deeds, July 1429; Feb. 1440,
&c. ; June 1450. — Regist. Glasguense, p. 304.
1417.
John de Hawick, precentor of the Church of
Glasgow, is mentioned in 1417, 1425, and 1429.
— Regist. Glasguense, p. 317 ; and his death in
1433.
1418.
The town of Hawick is burnt by Sir Kobert
Umfraville, Vice- Admiral of England, and Go-
vernor of Berwick.
1424.
Andrew de Hawick, Canon of Dunkeld, rector
of the Church of Linton, and secretary to Robert
Duke of Albany, is frequently mentioned in the
Register of the Great Seal as witness to charters
by the Duke, from 1406 to 1424.
1435.
Dominus Malcolmus de Hawyk, rector de
Yhethame, is mentioned in 1435 ; and John de
Hawick, precentor, as well as the notary of the
same name in the Liber of the Colleges de Glasgu,
p. 251.
1 4 ANNALS OF HAWICK. [1443.
1443.
John, chaplain of the Collegiate Church of
Bothwell, grants deed of consent to the erection
of the Church of Hawick into a prebendal Church
of Bothwell, &c.
William Earl of Douglas and Avendale, pre-
sents James Lindsay, his kinsman, to said pre-
bend. — Begist. of Glasg., p. 336.
Sir William Scott, chief of the Clan Scott,
acquires half of the Barony of Branxholme from
King James II. Not long before, he had ob-
tained the other half from Thomas Inglis of
Manor, in exchange for his estate of Murdieston
in Lanarkshire. After the date of the exchange,
Branxholme became, and long continued to be,
the principal residence of the Buccleuch family,
and the Parish Churchyard of Hawick their
place of sepulture.
1454.
Among the witnesses to a deed of taxation of
the Vicarage of Grlencairn in 1454, is, " Magistro
Johanne Hawyc, baculario, in decretis Vicario de
Dunlop. — Begist. of Glasg., p. 405.
1471.
" In the actione and causs of summondis movit
be Sir Edward Borde, provest of the College of
the Trinite besides the burgh of Edinburgh,
against Thomas Blare, dwelland in Hawic, for
the wrangwiss withaldon of the soume of five
1478.] AKtfALS OF HAWICK. 15
merks of acht to him, the malis of the lands
within the boundis of Hawic, of five years bypast
pertaining to the Kirk of Soutre
The lordis decretes and deliveris
that the said Thomas content and pay to the
said Sir Edward the said sum of five merkis." —
Acta Dominorum Auditorum, 3d March 1471,
p. 23.
1478.
" The actioune and causs of summondis per-
sewit be Master Alexander Murray, persoun of
Hawick, aganis David Scott of the Bukleuch,
anent the soume of xliiij merkis of the rest of a
mair soume of the taxt of the Kirk of Hawick,
pertaining to the said Mr Alexander, and wrang-
wisely taken up be the said David, as was allegit,
and anent the remanent of the pointis containt
in the summondis ; Is continawit be the lords
auditors to the x. day of May next to cum, with
continuation of dais, in the saymn forss and ef-
fect that it now is, but prejudice of party ; and
ordains the diposicions of witness now taken in
the said mater to be closit the said day, and
lettres to be given to the said Master Alexander
to summondis his uther witness, gif he ony has,
to the saymn, and baith the partys are sum-
moned apud acta"'' — lb., 20th March 1478, p. 83.
1488.
During the infancy of King James IV., the
supreme rule in the Sheriffdom of Roxburgh, and
16 ANNALS OF HAWICK. [1494-5.
three other counties, was invested in the Earl of
Angus.
1494-5.
Bobert Langlands of that ilk is denounced
rebel at the horn, and all his goods escheated to
the King, for the slaughter of Sir George Farny-
law, chaplain. — Pitcairn's Criminal Trials, vol. i.
p. 20.
This deed is stated to have been committed at
Crosshall, in the parish of Wilton, where a cross
formerly stood. According to tradition, it arose
out of a dispute regarding the tithes payable by
Langlands to the Monastery of Melrose, to
which the chaplainry was attached. The follow-
ing lines were inscribed on the cross : —
" This is the place where Langlands slew
The holy priest of Melrose ;
And Langlands shall be of that ilk nae mair
When time has levelled this cross."
This prediction was not realized, as the family
of Langlands of that ilk, although now extinct,
certainly existed after the cross.
1496.
Gawyn Douglas is admitted rector of Hawick.
— See Appendix, Note 1 .
1510.
William Scott in Hawick, George Scott in
1513.] ANNALS OF HAWICK. 17
Goldielands, and others, sureties for Thomas
Scott, brother of Philip Scott of Aidschaw, for
100 merks, are amerciated in that sum for his
non-compearance. — Pitcairns Trials.
1513.
The battle of Flodden (the greatest national
blow ever sustained by Scotland) was fought on
9th September ; on which occasion the Hawick
youth greatly distinguished themselves. The
older inhabitants considering the invasion an
unwise measure, declined to join the Scottisli
army ; but the youth —
" With dauntless hearts, unknown to yield,"
marched to battle, and were nearly exterminated ;
such was the account given by the late William
Roger of Hawick, an accurate narrator. It ifi
probable that many of the young men from
Hawick were mere boys, although useful for
carrying the quivers of the archers.
Sir William Douglas of Drumlanrig, superior
of the burgh, father of James Douglas, with 200
gentlemen of that name, were killed in the en-
gagement. Sir Walter Scott of Branxholme
and Buccleuch, who remarkably distinguished
himself, came off the field alive. He died in 151 (i.
In the Statistical Account of the Parish of
Yetholm, by the Rev. J. Baird, it is asserted, that
after the engagement, the Scottish nobles who
fell were brought away and buried in the church
and churchyard of Yetholm, as the nearest oon-
B
18 ANNALS OF HAWICK. [1514
secrated ground to the field of battle. The Ha-
vicians, with the rest, were left —
" To feed the crow on Floddiana's plain,
And vegetate the soil that each had sought to gain.'"
The fullest account of the battle is contained
in a poem by an unknown author, believed to have
been composed about the middle of the same cen-
tury, entituled, " The Battle of Flodden Field."
It was reprinted with curious notes by Mr Henry
Weber, in 1808, but there are probably many
other circumstances relating to the event, pre-
served in family histories and other records yet
uncollected. See also, in relation to the battle,
Leyden's pathetic Ode on visiting Flodden, and
the Notes to his Scenes of Infancy. Miss Jane
Elliot of Minto's beautiful song, " The Flowers
of the Forest,'" allusive to that disaster, may also
be referred to.
1514.
In the History of Hawick, published in 1825,
the following account is given of the origin of the
town's standard or colour : —
" The most accredited account of the origin of
the colour or standard, belonging to the town of
Hawick, was given by the late Mr Scott of Burn-
head, as follows : —
" A marauding party of the English, the year
after the battle of Flodden, came up the Teviot
for plunder. Previous to their arrival at Hawick,
the magistrates called a meeting of the inhabi-
1529.] ANNALS OF HAWICK. 19
tants, and proposed that the enemy should be re-
sisted, seeing their number was not great, and that
the town should be defended to the last, rather
than given up to plunder. Recollections of Flod-
den sharpened the revenge of the people, who
shouted unanimously to be led to battle, when
about two hundred stout men were armed with
such weapons as the town or neighbourhood could
supply. This band set off the following morning,
and met the English plunderers at Trows, two
miles below Hawick, where a desperate conflict
took place. The enemy, about forty in number,
with a flag, were come upon rather by surprise,
when a complete massacre ensued. The flag was
taken, and scarcely a soldier escaped. This co-
lour, or its emblem, has been carried round the
marches of the burgh property at the common
riding ever since."
1529.
The state of the country adjoining the Borders,
was such at this time that King James V. con-
sidered it necessary to raise a large army, and to
proceed in person to execute vengeance upon
" the thieves and lymmaris, 11 and to bind down
the barons to observe " gude ruell within thair
boundis/ 1
" To this effect, 11 says Lindesay of Pitscottie,
" he gave chairge to all earles, lordis, barrones.
frieholders, and gentlemen, to compeir at Edin-
burgh with ane monethis victuale, to pass with
the king to daunton the theives of Tevidaill and
Annerdaill, with all other pairtis of the realm.
20 ANNALS OF HAWICK. [1529.
Also, the King desired all gentlemen that had
doggis that were gud, to bring thame with thame
to hunt in the saidis boundis ; quhilk the most
pairt of the noblemen of the Highlandis did, sik
as the Earles of Huntlie, Argylle, and Atholl,
who brought their deir-houndis with them, and
hunted with his Majestie. Thir lordis, with many
other lordis and gentlemen, to the number of tuelf
thousand men, assemblet at Edinburgh, and their-
fra went with the Kingis grace to Meggatland, in
the quhilkis boundis war slaine, at that time,
auchteen scoir of deir.
" Efter this hunting, the King hanged Johne
Armstrang, laird of Kilknokie, quhilk monie
Scottis mene heavily lamented, for he was ane
doubtit (redoubted) man, and als good ane chief-
tain as ever was vpoun the Borderis, aither of
Scotland or of England. And albeit he was ane
lous livand man, and sustained the number of
xxiiij weil horsed able gentlemen, with him, yitt
he never molested no Scottis man. But it is said,
from the Scottis Border to New Castle of Ingland,
theire was not ane of quhatsoever estate bot payed
to this Johne Armstang ane tribut, to be free of
his cumber, he was so doubtit in Ingland. So,
when he entred in before the King, he cam verrie
reverentlie with his forsaid number, verrie richly
apparaled, trusting that in respect he had come
to the Kingis grace willinglie and voluntarlie, not
being tane or apprehendit be the King, he sould
obtain the mair favour. But when the King saw
him and his men so gorgeous in their apparell,
and so many braw men under ane tirrantis com-
lo29.] ANNALS OF HAWICK. 21
mandment, throwardlie he turned about his face,
and bad tak that tirrant out of his sight, saying,
1 Quhat wantis yon knave that a king should
have V But when Johne Armstrange perceaved
that the King kindled in ane furie againes him,
and had no hope of his liff, notwithstanding of
many great and fair offers quhilk he offered to the
King ; that is, that he should sustene himself with
fourtie gentlemen, ever readie to wait upon his
Majesty 1 s seruice, and never to take a penny of
Scotland or Scottis man. Secondlie, that there
was not ane subject in Ingland, duke, earl, lord,
or barroun, bot within ane certain day he sould
bring ony of thame to his Majestie, either quick
or dead : he seeing no hope of the King's favor
towards him, said verie proudlie, * I am bot one
fool to seek grace at ane graceless face ; bot had
I knawin, Sir, that you would have taken my lyff
this day, I sould have lived upon the Borderis in
dispyte of Kyng Harrie and you baith ; for I
knaw that Kyng Harrie would doun-weigh my
best hors with gold to knaw that I was condemned
to die this day, 1 — so he was led to the scaffold,
and he and all his men hanged. This being done,
the King returned to Edinburgh the xxiiij day of
July, and remained meikle of that winter in Edin-
burgh."
The place where this execution took place is
still pointed out to strangers, being at Carlenrig
Chapel, near Hawick, on the high road to Lang-
holm. Sir Walter Scott adds, — " The country
people believe, that, to manifest the injustice of
22 ANNALS OF HAWICK. [1529.
this execution, the trees withered away." Arm-
strong and his followers were buried at Carlenrig,
a deserted churchyard, where the graves are still
shewn.
Johnnie was certainly betrayed and put to
death without trial, — a proceeding which, even in
that rude age, was considered unjustifiable. It
is improbable that the King, then only in his 21st
year, should have prompted this deed. It is
much more probable that the monarch was a tool
in the hands of Johnnie's enemies.
The grant of his estate in favour of the Lord
Maxwell, Johnnie's inveterate enemy, is dated
at Priesthaugh, near Carlenrig, where he was exe-
cuted. See Pitcairn's Criminal Trials. Pitscot-
tie's narrative has been embalmed in the following
beautiful ballad : —
JOHNIE ARMSTRANG.
Sum speikis of lords, some speikis of lairds,
And sick lyke men of hie degrie,
Of a gentleman Lsing a sang,
Sum tyme called Laird of Gilnockie.
The king he wrytes a luving letter,
With his ain hand sae tenderly,
And he hath sent it to Johnie Armstrang,
To cum and speik with him speedily.
The Eliots and Armstrangs did convene ;
They were a gallant cumpanie —
" We'll ride and meit our lawful king,
And bring him safe to Gilnockie.
1539.] ANNALS OF HAWICK. 23
" Make kinnen* and capon ready, then,
And venison in great plentie ;
We'll wellcum here our royal king ;
I hope hell dine at Gilnockie !"
They ran their horse on the Langhome howm.
And brak their speirs wi' mickle main ;
The ladies lukit frae their loft windows —
" God bring our men weel hame agen !"
When Johnie cam before the king,
Wi' a' his men sae brave to see,
The king he movit his bonnet to him ;
He ween'd he was a king as weel as he.
" May I find grace my sovereign liege,
Grace for my loyal men and me,
For my name it is Johnie Armstrang,
And subject of yours, my liege," said he.
M Away, away, thou traitor Strang !
Out o' my sight soon may'st thou be !
I grantit nevir a traitor's life,
And now I'll not begin wi' thee."
" Grant me my life, my liege, my King !
And a bonny gift I'll gie to thee —
Full four and twenty milk-white steids,
Were a' foaled in ae yeir to me.
" I'll gie thee a' these milk-white steids,
That prance and nicker f at a speir ;
And as mickle gude Inglish gilt, %
As four o' their braid backs dow|| bear."
* Kinnen — Rabbits.
t Xick&r— Neigh. $ Gilt— Gold.
II Dow — Able to do.
24 ANNALS OF HAWICK. [1529.
" Away, away, thou traitor Strang!
Out o' my sight soon may'st thou be !
I grantit nevir a traitor's life,
And now I'll not begin wi' thee !"
u Grant me my life, my liege, my king !
And a bonny gift I'll gie to thee —
Gude four and twenty ganging* mills,
That gang thro' a' the yeir to me.
" These four and twenty mills complete,
Sail gang for thee thro' a' the yeir :
And as mickle of gude reid wheit,
As a' their happers dow to bear."
M Away, away, thou traitor Strang !
Out o' my sight soon may'st thou be !
I grantit nevir a traitor's life,
And now I'll not begin wi' thee."
u Grant me my life, my liege, my king !
And a great gift I'll gie to thee —
Bauld four and twenty sister's sons,
Sail for thee fecht, tho' a' should flee !"f
" Away, away, thou traitor Strang!
Out o' my sight soon may'st thou be !
I grantit nevir a traitor's life,
And now I'll not begin wi' thee."
" Grant me my life, my liege, my king !
And a brave gift I'll gie to thee—
All between heir and Newcastle town
Sail pay their yeirly rent to thee."
* Ganging — Going.
t This exquisite verse is enough to insure immortality to the
Ballad. Sir Walter Scott, however, an incomparable judge, prefer-
red the three verses commencing —
11 Save a fat horse," 1 &c.
1529.] AISTNALS OF HAWICK. 25
" Away, away, thou traitor Strang !
Out o' my sight soon may'st thou be !
I grantit nevir a traitor's life,
And now I'll not begin wi' thee."
" Ye lied,* ye lied, now, king," he says,
" Altho' a king and prince ye be !
For I've luved naething in my life,
I weel dare say it, but honesty —
" Save a fat horse, and a fair woman,
Twa bonny dogs to kill a deir ;
But England suld have found me meal and mault,
Gif I had lived this hundred yeir !
" Sche suld have found me meal and mault,
And beef and mutton in a' plentie ;
But nevir a Scots wyfe could have said,
That e'er I skaithed her a pure flee.
" To seik het water beneith cauld ice,
Surely it is a greit folie —
I have asked grace at a graceless face,
But there is nane for my men and me !
" But had I kenn'd ere I cam frae hame,
How thou unkind wadst been to me !
I wad have keepit the border side,
In spite of all thy force and thee.
" Wist England's king that I was ta'en,
O gin a blythe man he wad be !
For anes I slew his sister's son,
And on his breist bane brak a trie."
* Lied — Lye.
26 AN1STALS OF HAWICK. [1529.
John wore a girdle about his middle,
Imbroidered ower wi' burning gold,
Bespangled wi' the same metal ;
Maist beautiful was to behold.
There hang nine targats* at Johnie's hat,
And ilk ane worth three hundred pound —
" What wants that knave that a king suld have,
But the sword of honour and the crown !
" O whair got thou these targats, Johnie,
That blink f sae brawly abune thy brie ?"
" I gat them in the field fechting,
Where, cruel king, thou durst not be.
" Had I my horse, and harness gude,
And riding as I wont to be,
It suld have been tald this hundred yeir,
The meeting of my king and me !
" God be with thee, Kirsty,J my brother !
Lang live thou laird of Mangertoun !
Lang may'st thou live on the border side,
Ere thou see thy brother ride up and down t
" And God be with thee, Kirsty, my son,
Where thou sits on thy nurse's knee !
But and thou live this hundred yeir,
Thy father's better thou'lt nevir be.
" Farewell ! my bonny Gilnock hall,
Where on Esk side thou standest stout !
Gif I had lived but seven yeirs mair,
I wad hae gilt thee round about."
* Targats— Tassels. f Blink sae Irawlie— Glance so bravely.
X Christopher.
1537.] ANNALS OF HAWICK. 27
John murdered was at Carlinrigg,
And all his gallant cumpanie ;
But Scotland's heart was ne'er sae wae,
To see sae mony brave men die —
Because they saved their countrey deir,
Frae Englishmen ! Nane were sae bauld
While Johnie lived on the border syde,
Nane of them durst cum neir his hauld.
i 1537.
James Douglas of Drumlanrig (see Appendix,
No. 2) grants a Charter in favour of the inhabi-
tants of Hawick, usually termed the Magna
Charta of the burgh. (See Appendix, Note 3.)
Sir John Scott is vicar of Hawick.
1544.
Although Hawick is not named in the cata-
logue of devastations committed on the Scottish
frontiers in 1544, by Sir Ralph Evers and Sir
Brian Latoun, there can be no doubt that it suf-
fered along with others, as the English then be-
came almost entirely masters of the Border
Counties. Henry VIII. had, " to whet their
swords," promised Evers and Latoun all the
lands they could acquire in Teviotdale ; but at
Ancrum Muir these invaders were made to bite
the dust. (See Sir Walter Scoffs Border An-
tiquities, Appendix, No. 5.)
1545.
Mary Queen of Scots grants in favour of the
28 ANNALS OF HAWICK. [1546.
burgh, a confirmation of Douglas of Drumlanrig's
charter. — See Appendix, Note 4.
1546.
" J. D. Here Lies Johnny Deans, ane honest
man, qua was Tenant kindlie of Havick-mill, and
slain in Debit of his Nighbours Geer, the year
of God 1546." — Inscription on tombstone in Ha-
wick Churchyard.
1549.
" My Lord Graye did tell me he had garrisons
in Gedworthe, Hauwycke, and Pepullis, and for
that he feeched all the horsemen from hens, bot
ane lyttle c, I have written unto my Lord Graye
to see Pelyttfs men conveyed into Hauwyck for
the platte.
" I am informed the Abbot of Passelow hath
put iiijxx hagbuts into Hauwyck, and the Lord
of Bocloghe hath c. waygers of horsemen to be
at Pepullis and Selkyrke ; how this matter hath
been prevented from us I doe not knowe, whether
for lack of secretaries, or our horsemen did
not lye whare they ware appoyntit." — Letter, Sir
Thomas Holcroft to the Lord Protector Somerset,
25th Sept. 1549 ,* Illustrations of Queen Mary's
reign, published by the Maitland Club, p. 42.
The town of Cavers, says Chalmers, was wasted
by the English during their courtship of Mary
Stuart. — Caledonia, vol. ii. p. 177.
1558.] ANNALS OF HAWICK. 29
1558.
Adam Cessfurd is one of the bailies of Hawick.
The sasine in which his name occurs, is the oldest
that has been discovered. Being anterior to the
Reformation, as well as showing the mode in
which property was conveyed at that early pe-
riod, it is inserted in the Appendix, Note 5.
There seem to have been two bailies of Hawick
from the earliest times.
1561.
The Earl of Mar makes a sudden march to
Hawick, where, armed with regal powers, he en-
compassed the town with his soldiers, and, by
proclamation, forbad any citizen, on pain of
death, to receive or shelter a thief. Fifty three
of the most noted outlaws were apprehended ; of
these eighteen were instantly drowned, for lack of
trees and halters ; six more were hanged at Edin-
burgh ; and the rest either acquitted or impri-
soned in the Castle. — Tytlers Scotland, vol. vi.,
p. 802 ; BlrreVs Diary.
1565.
" The Brodies have done great things of late,
as the burning of a town called Hawyke, and
therefore are to be considered." — Earl of Bed-
ford to Sir W. Cecil. — Illustrations of Queen
Mary's Reign.
1569.
A bond is entered into at Kelso by the barons,
&c. of the shires of Roxburgh, &c, including
SO ANNALS OF HAWICK. [1569.
Robert Scott, bailie of Hawick, " professing obedi-
ence to the King's majesty, enmity to all thieves,
inhabitants of the country of Liddesdaill, Esk-
dail, Ewisdail, and Annanderdaill, and in spe-
cial to all persons of the surnames of Armestrang,
Ellote, Niksoun, Croser, Littil, Batesoun, Thom-
son, Irving, Bell, Johnnestoun, Glendonying,
Routlaige, Hendersoun, and Scottis of Ewisdaill,
and others, notorious thieves, wherever they
dwell ; engaging to have no intercourse with such,
and not to suffer them to resort to markets or
trysts, nor yet to allow them to abide or pasture
their guids upon any lands outwith Liddesdaill,
except such as within eight days find sufficient
caution to the Wardens of the Marches that
they shall reform all enormities committed by
them in tyme byepast, and keep guid rule in
tyme coming ; and all others not finding the
said surety within the said space, they shall pur-
sue to the deid with fire, sword, and all other
kind of hostility. As also, in case of resistance
or pursuit of any of the said thieves, it shall hap-
pen any of them to be slain and burnt, or any of
the subscribers to be harmed by them, they shall
esteem the quarrel and deadly feud equal to
them all, and shall never agree with the said
thieves but together ; and in the meantime,
shall take plain part ane with other, and speci-
ally shall assist the Laird of Buccleuch, and
other Lairds maist ewest to the said thieves, at
all occasions convenient. — The original of this
1570.] ANNALS OF HAWICK. 31
remarkable document is deposited in the General
Register House, Edinburgh." — Pitcairns Trials.
1570.
John Carketill of Marcle, is convicted before
the Court of Justiciary " of his contempnable
remaining and byding at hame fra our Souerane
Lord's raid, ordainit be his hienes lettres of pro-
clamation to have convenit at Hawick upon the
18 day of October 1570." — PitcairrCs Criminal
Trials.
A raid or gathering of the royal army had
been ordered to convene at Hawick on that day.
— Pitcairn, vol. i., part 2, p. 10.
The town is burnt during the invasion of Eari
Surrey. The bailies, in the morning, promised
to receive his army, and so had the town assured ;
but, in the evening, the inhabitants, to prevent
the English from lodging there, had unthatched
their houses, burnt the thatch in the streets, and
were all fled, with most part of their goods, so as
no person could well enter for smoke, which caused
lack of victuals, lodgings, and horse meats ; and,
therefore, the fire begun by themselves in the
straw, burnt the whole town, after saving Drum-
lanrig^ castle. Branxholm was destroyed at the
same time. — Stoices Chronicles, Scotfs Border An-
tiquities, Appx. 5.
Hawick is described by Stowe, in his Chronicles
of England as a greate towne.
32 ANNALS OF HAWICK. [1572.
1572.
The chiefs of Fernyherst and Buccleuch, at-
tempting to surprise Jedburgh, which was held
for the infant King James VI., were repulsed,
and retiring to Hawick, were surprized and taken
by Lord Ruthven. — Border History, p. 643.
1574.
At Hawick, Sir Walter Scott of Branxholm
and Buccleuch, chief of the name of Scott, exe-
cuted his testament. His effects consisted chiefly
of cattle and sheep, — his utensils and domicilis
are estimated at d£100 Scots, and the whole
amounted only to Scots «£5882 12 4
Debts dedukit, 4487 4
Eests of frie geir, £1395 12
Or £\\§ sterling ; yet this chieftain made a very
great figure in Queen Mary's reign, and could
raise 3000 fighting men within his own district.
The inventory of his personal estate, given up he
his awin mouthy is curious. Thus, — " new caffit
ky are appreciated at £5 Scots ; foro ky, 6s. 8d ;
stotis and queyis of twa yeir auldis, 3s. A '.. ; ane
yeir auld stot, Is. 8d. ; hoggis, lid. each; mylk
yhawis with their lambs, 21 d. ; dynmonthis and
tupes, 14d. ; gymmeris having lambs, 18d.; without
lambs, 15d." Much of the stock is on the lands
of his tenants, it being then common to take rent
in this way. Bear is valued at 4s. 2d. ; mele and
malt ourhead, 5s. per boll ; aittis with the fodder,
2s. 6d. per boll. — Scoffs Border Antiquities, Appx.
1575.] ANNALS OF HAWICK. 33
The following names occur in the deed : Adame
Lidderdaile, flesheour ; Hector Wright, smith ;
gled Walter Scott ; Hobie Dicksoun, cordiner ;
Wattie Wauch ; Robert Scottis wyf ; Geordge
Maxwell ; James Clerk ; and Allane Dennes, all
in Hawick.
1575.
At a Border skirmish called the Raid of the
Reidswire, the last struggle between the Scotch
and English, the men of Hawick take part.
Hence the old ballad —
" Then Tividale came to wi' speid ;
The sheriffe brought the Douglas down,
Wi' Cranstane, Gladstain, good at need,
Baith Kewle water, and Hawick town."
1587.
William Fowler is rector of Hawick (see Ap-
pendix, Note 6).
1592.
James Burne and David Scott, bailies.
1603.
Robert Scott, called of Alton, bailie.
1606.
The family of Buccleuch are ennobled, Sir
Walter Scott of Buccleuch being created Lord
Scott of Buccleuch.
34 ANNALS OF HAWICK. [1612.
" February 12. 1612.— Robert Scott and
Adame Scott, bailies of Hawick : Jock
Scott, belman in Hawick ; William Do-
nald alias Nymbill, in Hawick ; John
Lidderdaill, thair, called Jok the Dea-
cone ; Hob Scott, thair, called Hob the
Lonkie ; Jok Schorte, thair ; and Wil-
liam Johnnestoun, servitour to Mari-
ones Hob.
" Dilaitit for airt and pairt of the slaughter of
vmq le Johnne Ellote in Eedden, callit Johnne
of Rynsiegill, committit within the said Jock
Schortis dwelling hous in Hawik, in the moneth
of July, the yeir of God J m - vj c - and ten yeiris.
" Persewar, — Bessie Ellote, as relict, with the
ffyve fatherles bairns, &c.
" Prelocutouris for the pannell, — Mr Thomas
Nicholsoun and Lawrence Scott, advocatis.
" The persewar producit the letteris deulie exe-
cute and indorsate ; and in respect thereof, and
that sche offeris hirself reddie to persew, protestis
for the relief of George Elphingstoun of Glen-
sakis-barnheid, and William Elphingstoun, his
brother, of thair cautionere.
" It is allegit that the dittay is nawayis reli-
vant to be pute to ane assyse, in respect that the
dittay beiris that he was fund lying deid in the
irnes ; bot it is of verritie, that opone the morne
thairefter his committing to waird, he hangit
himself in his aune belt ; and sa, haifing despe-
ratlie put hands on him self, the pannell can nocht
be put to the tryell of ane assise, as airt or pairt
1612.] ANNALS OF HAWICK. 35
of his death. It is ansuerit, aucht to be repellit,
in respect the allegiance is contrair to the lybell.
" The Justice remittis the matter anent the
slauchter of the defunct, and tryell of the treuth
of the panellis allegeance concerning the putting
handis on himself, to the knawledge of ane assise.
" Assisa. — Jok Ellote, in Braidlie ; Will Scott,
in Branxholme ; George Airmestrang, in Gru-
dunsyde.
" Robert Layng, being sworne, in presence of
the pairtie and assise, and being inquyret con-
cerning Jok Ellote's death, quhat he kens thair-
of I Deponis, he is ane mercheand : being in the
kirkyaird of Hawik priking some skynnis, and
heiring that Jok Ellote was hingand in the Steep-
ill, came upon the report thairof into the Steepill,
quhair he saw the defunct hingand in his awin
belt ; quhilk belt he cuttit, and thair being lyfe
in the defunct, was brocht out, bot shortlie thair -
efter he deceist. Robert Scott, being examinat
and solempnelie sworne in the premises, est con-
formis precedenti in omnibus (that is, — corrobo-
rates the preceding witness).
" Verdict. — The assize, all in ane voce, be the
mouth of James Greiff in Bowanhill, chanceller,
ffand, pronuncet, and declarit the saidis personnes,
and ilk ane of thame, to be cleane, innocent, and
acquit of airt and pairt of the slauchter above spe-
cifeit. Quhairvpon thai, and ilk ane of thame,
askit actis and instruments.
" Rodger Scott, Capitane of the Airmetage,
Robene Ellote of Dinlabyre, Robene Ellote of
36 AKNALS OF HAWICK. [1614.
Copschaw, Francis Ellote, his brother," and nine
others of lesser note, " vnlawit and amerciat, ilk
ane of thame, in the pane of ane hundreth merkis,"
for thair nocht compeirance to haif past vpone
the Assyse. — Pitcaim, vol. i. pt. 3, p. 218.
1614.
Robert Scott, bailie of Hawick.
1616.
" The following case is unparalleled even in the
annals of Border or Highland revenge. On ac-
count of its singularity, it has been considered
necessary to make some investigation into the
subject, for the information of the curious in-
quirer. The story is so forcibly told in the pro-
ceedings before the criminal court, that the Edi-
tor (Mr Pitcairn) shall not weaken its effect by
attempting to rehearse the facts in this place.
It is enough for the purposes of this collection,
that the reader is informed, that the property of
Howpaslot, an estate of one of the most ancient
branches of the name of Scott, having by some
means come into the temporary possession of Sir
James Douglas of Drumlanrig, well known as a
powerful Border baron, who had distinguished
himself by the activity with which he aided the
suppression of the disturbances on the marches, —
the Lady Howpaslet appears to have been roused
into fury at the very idea of the domains of her
ancestors coming into the hands of a Douglas.
She therefore instantly held a council of war in
1616.] ANNALS OF HAWICK. 37
the town of Hawick, of which Drumlanrig was
the superior, in the month of April 1615, at which
she and her friend Jean Scott of Satchells, pre-
sided. The bravos and ruffians who figure in this
trial, and of whom every clan had a few, to do
their worst work, at once undertook to execute
the orders of these infuriated females, and, as will
be seen by the subsequent proceedings, they suc-
ceeded in effectually preventing Drumlanrig from
plenissing or stocking the farms. These villains
greedily engaged to maim and destroy the whole
of the sheep which had been brought to the
grounds ; and this cruel and barbarous act they
performed, in a manner almost too horrible to
be related.
" Sir James Douglas, did not long survive the
perpetration of this atrocious fact, having died
Oct. 16. 1615. He was succeeded by his son Sir
' William, who was afterwards created Viscount
of Drumlanrig, Lord Douglas of Hawick and
Libbers, April 1 . 1628 ; and Earl of Queensberry,
June 13. 1633. Sir William actively pursued
these heartless ruffians, and was successful in
bringing all of them to deserved punishment ."
The indictment narrated, " that, in the month
of April lastly past, the saidis George Scott,
Walter Scott, Ingrem Scott, and Jok Scott,
callit the Suckler, haiffing assemblet and convo-
cate to thame selffis, William Scott callit in
Satchellis, and others, thair complices, ffirst
keippit ane general meitting within the town of
Hawik, quhair, in thair devillische counsell, it
38 ANNALS OF HAWICK. [1616.
was concludit and agreed unto amangis thame,
that, within a fyve or sex days thairefter, they
sould all meit togidder, vnder nycht, upon the
said lands of Howpaslet, and thair to slay and
distroy the said Laird of Drumlanrigg's haill
bestial and guidis being thereupon ; Lykas, ac-
cording to the foirsaid damnable conclusion, the
said George Scott, accompaneit with the said
William Scott, callit of Satcheillis, vpone the
day of the said month of Aprile last by-
past, came, vnder silence and clud of nycht, fra
the said town of Hawik to Eilrig-burne fute, and
the said William Scott being then musellit, at
the quhilk place, the said Jok Scott, callit the
Suckler, met with thame ; and thairfra they thre
past up the watter, be the space of thre quarteris
of ane myle, to ane cleuch, callit Birney-cleuch,
betwix Eilrig and Howpaslet ; quhair, according
to the former appointment, the said Wattie and
Ingrem Scottis met with thame ; ffra the quhilk
place they foure, accompaniet with the said
William Scott, callit of Satchellis, came to the
saidis lands of Howpaslet ; and thair, being bodin
with swordis, bandit stallfis, and other wappones,
providit be thame for the purpois, in ane cleuch
syde, quhair the said Laird of Drumlanrigg his
scheip was lying in thair lairis, maist barbarouslie
and inhumanlie, as savage and cruel beistis, desti-
tute of naturale reasone, with thair drawin
swordis and otheris wappones forsaidis, ran throw
the haill flok of scheip, slew, lamet, and menzet,
to the number of three scoir of the said scheip,
1619.] ANNALS OF HAWICK. 39
quhairof fourtie or thereby war slane, be streking
of their heidis, and cutting thame in twa throw
thair bakis, and the rest of thame thair spaldis
and legis were struckin away fra thame in maist
barbarous manner, and war sa left sprawling in
thair deid-thraws upon the ground of the saidis
lands, committing thair throw maist haynous and
unheard of crewaltie and oppression. 1, — Pitcairrfs
Criminal Trials, vol. iii. p. 383.
1619.
Robert Scott, called of Alton, bailie.
1622.
Robert Scott and James Burne, bailies.
1624.
Robert Cunnyngham, parish Minister of Ha-
wick.
1624.
In an action, at the instance of the Laird of
Drumlanrig, against the bailies of Hawick, it
was held by the Supreme Court, that the town
was a lawful corporation, and that the clerk was
not a member of the council. — Morrisons Dic-
tionary of Decisions, p. 2509.
1626.
Robert Scott, called Marion's Rob, bailie.
1627.
Robert Scott, bailie.
40 ANNALS OF HAWICK. [1638.
1630.
Bailies since 1620, Robert Scott of Alton,
James Burne, Robert Scott, called Marion's Rob,
James Gledstains, Andrew Sword, town-clerk.
1638.
" The Court of the bruche and towne of Haw-
ick, halden within the Tolbuith thereof, upon the
fifth day of October 1638, be William Scott and
Robert Scott, callit of Goldielands, being bailies
for the time, quhilk is the heid court for chusing
of the bailies and officers ane yeir to cum ; John
Ritchartsonne, dark, Walter Stewart and James
Kinnaird, officers.
" The Court lawlie fensit.
" The said day, with consent of the bailies and
council of said bruche of Hawick, the personnes
undernamet were put in the leitt for chusing of
the bailies for ane yeir to cum, viz. William
Scott at the Croce, Robert Scott, callit of Goldie-
lands, present bailies ; Walter Scott at the Eist-
port, Robert Deannes, yair, James Burne, younger,
John Scott, maltman, and James Scott, callit of
Newton; quhilk council and communitie, re-
moving thameselfis apairt furth out of the said
Tolbuith, and after manniest voittis, all electit
and choisit the said Robert Scott, callit of
Goldielands, and William Scott, to be bailies
within the said bruche for ane yeir to cum, wha
all maid faith, and acceptit the said office upon
thame as use is.
" The said day Gilbert Watt and Johne Rit-
1638.] ANNALS OF HAWICK. 41
chartson, notaries, war put upon leitt for being
dark to the said toune for ane yeir to cum,
quhilk council and communitie, all in ane vois.
electit the said Gilbert Watt, notar, dark for
ane yeir to cum, wha was judiciallie receivit, and
maid faithe, defideli administratione.
" Continues the electing of the officers to the
meeting of the council ane other tyme, at the
will of the bailies.' 1 — Council Records.
(This is the earliest entry in the town books
properly relating to the municipal affairs. Cer-
tain previous entries in volume first consist of a
record of the proceedings of the Court of Justi-
ciary, held at Dumfries and Jedburgh in 1622
and 1623, for which see the annexed Supple-
ment.)
" The said day, Bessie Henderson, spouse to
Cuthbert Henderson, fleshour, being accused, at
the instance of William Scott, bailie, for cuming
to his house and stealing of his pettis, wha com-
peting judiciallie, confessed the said pettis in
the nicht, and cam in will for the same ; and
yrfoir the bailies, with consent of the council, or-
dained her to lie 48 hours in the stockis, and
thereafter to cum to the mercat-crosse of Hawick
upon the mercat day, and to stand thereupon
with the pettis upon her shoulder, with ane paper
upon her breast or forehead declaring the fault,
and cam in the option of the said William Scott,
bailie." — Council Records.
This practice of placing criminals at the market-
D
42 ANNALS OF HAWICK. [1638.
cross was not wholly discontinued until the com-
mencement of the present century.
The prices of commodities are shewn in the
following entries in the burgh records.
A party is adjudged to pay ^11 Scots for
some malt, ane yow, and twa hoggis. Another
£3, 19s. Scots for the mail (rent) of a house ;
another £4<, 10s. ; another £3 ; another 54s. ;
another 4 merks. For a barne mail, £3, 12s.,
all for a year. The price of oats is i?4 per boll.
Price of two pairs men^s shoes 25s., or 2s. Id.
sterling. 20s. Scots, or 20d. sterling, are awarded
to a man for 4 days at pleuche, and 3s. for his
horse ane afternoon (meaning, probably, half a
day) to harroes. Appraisers and marchers,
chosen by the council, are allowed as fees 2s.
when under £5 ; and 4s. when under i?10, &c,
all Scots money. Price of thirty-four sheep i?102
Scots, or £3 a piece sold at Yuill. Two stones
of lint £7. A defender is ordained to pay 40s.
for a wedder which he thought was bot ane lamb.
36s. 6d. for a firlot of pease ; ^1 : 1 6 : 4 for three
firlot s of beans. <£°4, and £4, 16s. for the boll
of malt; a firlot of malt 45s.; ground malt a
groat the copful. Grey claith £1 the ell; 28s.
Scots for 3i ells of sarking lyneing. 16s. for a
pair of schoon. A party absent from the army
for five weeks is ordered to pay 30s. (half-a-crown
sterling) therefor. Wark wrocht (ordinary
labour probably) 4s., that is 4d per day. A cow
«£22 ; a nolt £7. A traveller is ordained to pay
a taylor i?10, 6s. for graith to his horse for the
1639.] ANNALS OF HAWICK. 43
hail year; another to pay £7, 16s. as compt and
reckoning for a boll of wheat. For five quarters
of cheese £3, 16s. For 20 thraives of ait strae
£7 ; all Scots money.
1639.
" In presence of the bailies, minister, haill
council and community of Hawick, James Burne,
younger, and John Scott, maltman, made count
and reckoning of their intromissions of the monies
gathered to the soldiers within the said town;
charge and discharge thereof being calculated
together, rests in the said John Scott's hands,
undebursit, the sum of £15, 6s., to be forthcum-
ing to the town's use ; and discharge the said
James Burne of his intromissions therewith." —
Council Records.
1640.
A party, admitted burgess, makes oath to de-
fend the religion professed, and maintain and
assist the bailies, officers, and the town to his
uttermost. — Council Records.
" Assoilzies Thomas Deans fra the claim per-
sewit be Adam Scott, smith, against him, for
payment of £3 money, for his fie, and 20s. for
ane pair of shonne ; the sewing of ane firlot of
aits, half ane firlot of beir sewing seed, and lime,
with ane auld cleathing of claithes for his fie ;
account promised be the said Adam Scott to him
for his shonne fra Martinmas last to Whitsunday
next, in respect of the said Thomas Deans, his
44 ANNALS OF HAWICK. [1640.
aithe given thereuntill, that he offered his service
to him, q uha wauld not receive him, except he
wauld gif him of his "
" Oompeired before the bailies. Robert Deans,
late bailie, and Robert Scott in Grundiston, and
being accused at the instance of the Procurator-
fiscal for bluiding aither of them uthers, the said
Robert Deans came in will for bluiding of the
said Robert Scott upon the cheek and hand, and
therefore decerned him in ane unlaw of £5, and
to remain in ward during the bailies 1 will. 11 —
Council Records.
The bailies and council promulgate the follow-
ing municipal code : —
" Act of the bailies, with consent of the
council and community of the town of
Hawick to be kept within the said
burgh in time coming. — 1st January
1640.
" Impr. whatsomever person sal commit blud
upon utheris within the freedom of Hawick, sal
pay 5 pundis for the blud, and 5 pundis for the
bludwyte, efter tryal taken and convict thereof
be the bailies, and aucht dajs in the stockis.
" Item, whatsomever person that committs
ryottis, in giving of dry cuffis and straiks, being
tryit, sal pay 50 shillings, toties quoties (each
offence), and four days in waird (prison) at the
bailies 1 will.
1640.] ANNALS OF HAWICK. 45
" Item, whatsomever person that steillis any
of their neighbours peittis, turffis, green kail,
come, lint, hemp, hennis, capponnes, duckis, or
commits any other pettie theft, sal pay ^10 to the
bailies, by satisfaction to the partie offendit, and
sal lie aucht days in the stockis, and stand with
ane paper with the theft written upon their fore-
head at the mercat-crosse, upon the mercat day.
" Item, the lyik to be done to the resseteris of
the theft of corne brought into the town by ony
personnes.
" Item, whatsomever person committis the said
theft twa several times, or that committs greitere
thift, sal be banyshit the town, and lose thir free-
dom for ever.
" Item, whatsomever personnes gevis unrevrent
language to the bailies, minister, or towne-clark,
sal pay i?lO efter tryal, toties quoties, and waird
it during the bailies'* will.
" Item, whatsomever person that is lawfully
warnit be ane officer to cum to the bailies, and
refuses, efter tryal sal pay £o to the bailies, and
wardit during the bailies' will.
" Item, whatsomever person that sail be com-
mitted in waird, and brekis the Tolbuith, or
cumes furth thereof without license of the bailies,
or ane of them, sal pay i?10 money, and wardit
during the bailies' will.
" Item, whatsomever person that sal deforce
the officer in execution of his office, efter tryal
sail pay iPIO money, and wardit during the
bailies'' will.
46 ANNALS OF HAWICK. [1640.
" Item, whatsomever person that beis not pre-
sent yeirlie at the common ryding and setting
the faires, sal pay forty shillings, toties quoties,
and wardit without license or ane lawful excuse.
" Item, the dark sal tak for every bill making
twa shillings, and aucht pennies for the calling
thereof frae the maker thereof.
" Item, for everie decreit extracting within
i?20, six shillings and aucht pennies, and gif it
be mair nor ^20, and within i?40, thirteen
shillings and four pennies, and six shillings and
aught pence for ilk act of cattione within the
town.
" Item, that na wabster sal gif any claithe to
the walker without consent of the owner thereof,
or workis any wark that is not fund sufficient, or
has tryit to haif done wrong to any claith, sal
pay i?10, toties quoties, and wardit during the
bailies' will efter tryal.
" Item, that nae person keipis any false weightis,
meisores, or committis any falshuid in their call-
ings, efter try ell sal pay £\0, toties quoties, and
wardit.
" Item, that ilk merchand that buys cuntrie
geir with trone wecht, sail sell it again in small
with the lyik wecht, under the pane of forty
shillings toties quoties.
" Item, whatsomever person that minds to big
ane stane dyck betwixt his nichbour and him,
that he sail haif the half of the said dyke upon
his neighbour s ground, and the uther half upon
his awin; and ilk ane of them sal pay equal
1640.] ANNALS OF HAWICK. 47
chargis ; and gif the ane nichbour be not content
therewith, to big the hale dyck upon his neigh-
bour's ground that refuses, and to pay the hale
expense thereof.
" Item, giff any nichbour mindes to big ane
thorn hedge in his yaird, he sail set the thornis
within his awin bounds, and his nichbour" s with-
in the raidds ; and giff he mindes to big ane stane
dyck without (the hedge being alwayes in his
awin bounds), he sal big the stane dyck upon his
nichbour's ground, he beand oblist to remove and
take away the said stane dyck within the space
of seven years thereafter ; and giff he refuses to
take it away, with power to his said nichbour
that aught the ground whereupon it standis, to
cast downe the said dyck, and tak it away.
rt Item, whatsomever person that mindes to big
ane house, he sail haif half gewill of his nich-
bours rowmes, for the whilk he sail haif libertie
to big and lay to his gewill.
" Item, that ilk nichbour big his heid room
dyck yeirlie, for uphawlding of nichbourheid
with uthers, ilk personne, under the pain of £\0
money, and to pay their nichbours skaithe be
their not bigging thereof.
" Item, that ilk freeman's heir that is to be ad-
mitted burgess and freeman within this Bruch, sal
only pay the wyne to the Bailies, with pertinentis.
" Item, that ilk freeman's eldest son and heir
that is to be admitted freeman and burgess, his
father being in life, sail pay forty shillings with
the wyne and pertinents.
48 ANNALS OF HAWICK. [1640.
" Item, that ilk freeman's second, third, or
fourth sone sal pay for ilk ane of their freedoms
i?4, with the pertinents.
" Item, that whosever sal marie ane freeman's
dochter, sal pay for their freedom £4f money,
with the wyne and pertinents.
" Item, ilk stranger that shall be admitted
freeman within this Burgh and liberties thereof,
sal (remainder not legible).
" Item, whatsoever person or personnes that
has thair hors, meiris, or nolt of any sort, out of
ane house in Hawick, either in his nichbours
corn, meadow, or haynit gers, sal pay for ilk
hors or meir 40 shillings, and for everie nolt of
all sortis 10 shillings, toties quoties, by the
skaithe to the pairtie lesed ; and that nane
keippe any in the day fra the 15th of April till
harvest, except they be tetherit, under the lyik
pane.
" Item, that na personne nor personnis receive
na strangers or companie with themselves, nor
yet na person sett any house to strangers, with-
out consent of the Bailies, under the pane of
i?10, toties quoties.
" Item, that na inhabitant within this Bruch,
complain to any other judge nor the Bailies for
any offence committed, nor yet pursue ane and
uther before the Sheriff, Commissar, or uther
judge, but before the Bailies of this Bruch in
their awin Court, except for testat geir, under
the pane of i?5, toties quoties.
" Item, that na persone nor personnes bring
1640.] ANNALS OF HAWICK. 49
in, be themselfis, yr servandis, na comes, nuther
of their awin nor otheris, in the nicht, under the
pane of £W, and haldin as theft, toties quoties.
" Item, that na persone nor personnis scheir me-
dowis, balkis, or haynit gers thifteouslie, neither
nicht nor day, under the pane of 40 shillings,
toties quoties, half to the Bailies, and the uther
half to the pairtie offendit, and to be punishit at
the Bailies"* will.
" Item, that all flescheris present the hale
flesh slaine by them at the mercat place, the sheip
with the heid thereupon, the nolt with the hyd
upon them, and that nane cut out nor tak away
any fra them, nor present nor bring in to the
towne any insufficient flesch that has or deis oi
any sickness, under the pane of confiscation,
warding of their persons, and fyning at the
Bailies'' will ; and nae mutton nor beif be blawin
or presented to the mercat, under the pane of
confiscation thereof.
" Item, that na persone nor personnis keip na
swine nor geis within the bounds of this town,
bot on the Common yeirlie, frae the first day of
March to the first day of November yeirlie, with
power to any that finds them in their skaithe,
corne yairds, or croftes, within the said space, to
slay them at their awin hand, without any danger
or trouble to them therefor, either by law or bye-
law therefor, under the pane of i?10, to be de-
vydit between the Bailies and the town.
" Item, that ilk man keippe the calsay before
E
50 ANNALS OF HAWICK. [1640-
his awin dure and heritage, under the pane of
40 shillings, bye the payment for keeping thereof.
" Item, that nane keippe any caldit, scabbit,
or other seik bestis within this bruch and free-
dom thereof, under the pane of 40 shillings ; and
item, that ilk person tak away and bury thereof.
" Item, that the hale websters within the
Bruch of Hawick and freedom thereof, convene
and meet together at ilk time they sal be re-
quirit be the craftsmen, on any occasion con-
cerning the craft, or for any other particular
concerning the town and libertie thereof; ilk
person that refuses to meet as said is, being law-
fully warnit, sal pay 16 shillings to the Bailies,
and 8 shillings to the craft, to be disposed upon
by them as they sal think best, without ane law-
ful excuse, conform to the supplication given in
by the craft to the Bailies and Council of this
Bruch thereanent ; and that nae webster receive
nae wark frae any person that has wrought wark
with other wabsters, and has not payit them
therfor, quhil they first pay the wabster that
rowcht to them of before, under the lyck penalty.
" Item, that whatsomever person buys any
butter or cheese before the bell rings, sal pay
£5, and lie in ward during the Bailies' will.
(Sig d -) William Scot, Bailie.
Robert Scott. Gr. Deanis, Bailie.
Johne Scot. Gilb. Watt, Clk.
James Burne. James Scot.
Robert Layng. Robert Smith.
1641.] ANNALS OF HAWICK. 51
Eobert Gillaspie. James Clappertone.
William Scot. William Eoucastell.
Walter Chisholme. Andro Ledderdaill.
George Eucastel. John Scott, Merch*.
Eobert Deanes. Council Records.
(These bye-laws, though they would not now
in various particulars be adhered to, are credi-
table to the good sense of our ancestors. It
must be borne in mind, that the lands were ge-
nerally uninclosed, as they continued to be till
long after the middle of the following century.)
Bailies since 1630, Eobert Scott and William
Scott, Eobert Scott, callit of Goldielands, Eobert
Deans, Gilbert Watt, town-clerk, William Lid-
del, procurator-fiscal.
" April 8. — The which day, in presence of the
bailies, council, minister, and communitie of Ha-
wick, Eobert Scott, callit of Goldielands, was
admitted to be conjunct bailie with William
Scott at the Crose, quhill (until) Eobert Deans,
lait bailie, convaleces of his sickness, and quhill
ane new election ; who received the same. 11 —
Council Records.
1641.
" The said day (8th April), in presence of
James Scott, ane of the bailies of Hawick ; com-
peared James Burne, the other of the said bailies,
who being called upon, compeiring, and being
52 ANNALS OF HAWICK. [1641.
indicted be the procurator-fiscal of Hawick, con-
trar to the acts of Parliament, and contrar to
the acts of the said Bruch, for the alleged bluid-
ing of Margaret Ross, called Nuris, upon the
foreheid, to the effusion of her bluid. The said
James Burne confessit the bluiding of the said
Margaret Ross in the forheid, upon suspicion of
witchcraft committed by her partly upon ane
bairn that is already deceased, and now upon
his wyf, being to all appearance now under the
censure of witchcraft upon her life ; quhilk being
considered be the said bailie, and elderrnen, and
council of the said bruche, they adjudged the
said James Burne, bailie, in ane unlaw of £5,
conform to the acts of this town, and to remain
in ward, and be punished conform to the acts of
the court ; whereupon, the procurator-fiscal
asked act of court : qua thereafter was put in
the stockis." — Council Booh.
" The said day, Margaret Ainslie, servitrix
to Allan Deans, miliar, being accused for the
stealing of monies fra the said Allan, with false
keys, opening of his kists, and stealing out of
ane of thame i?40 money, with sindry linings
and claes ; and being apprehendit, and judiciallie
accusit, confessit the opening of his kist with
false keys, and taking furth thereof nine or ten
pundis money, quhilk she declared she had given
for wairs to sindries, except 10s., qulk being all
wes tuik out of her purse. Denyit the claiths
and all uther things.' 1 — lb.
1642.] ANNALS OF HAWICK. 53
" The quhilk day, Adam Gowanlock in Hoitt,
having apprehendit ane foir meir, quhyt mainet
and quhyt taillet, cuming 4 yeir auld, upon the
lands of Hoitt, in the hinder end of October last ;
and having caused proclaim her several tymes
at the parish kirk door of Hawick upon Sondays,
and at the mercat crose of Hawicke in time of
mercat day ; and because nane claimit the said
meir, the said Adam Gowanlock broucht the
said meir to the mercat-crose of Hawick the
said day to be apprised, and caused Adam Scott
in Yairliside, William Huggan in Wauchoip,
Robert Armstrong in Chapelhill, and John Ait-
kin in Hawick, apprise the said meir, quhilks
persones apprised hir to 20 mks money ; and
therefore ordain the said Adam Gowanlock to
keep. the said meir aye and quhil she be proven
to be some others, and payment made for hir
keeping ; quhilkis premises the said Adam Gowan-
lock desirit to be insert in the common toun-buik
of Hawick." — Council Books.
1642.
" Decerns Thomas Oliver to content and pay
to James Scott, lorimer, 3 half firlots of aitts,
eitten by his guids and geir in harvest gane ane
yeir, in respect of John Scott, Borthaugh, and
James Scott, cadger, their declaration, that they
comprised the said corn to three half firlots aits,
and in £7 for the boll thereof." — lb.
" The quhilk day, in presence of William
54 ANNALS OF HAWICK. [1642.
Scott and James Burne, bailies of Hawick, being
sitting in judgment, compeired Samuel Ruther-
furde, servitor to Sir Wm. Douglas of Cavers,
Kyt., Sheriff-principal of Roxbrut, and com-
plaind upon Wm. and George Lorraines in Ca-
vers, Robert Wricht in Spittal, John Tudhope,
maltman in Cavers, John Wricht in Spittal, Wm.
Eliot, tailor in Cavers, Wm. Turnbull, mason
in Newton, Thomas Turnbull his brother-ger-
man, Thomas Scott, miller in Humelknowe Miln,
Jas. Eliot, sone to John Eliot, wag (soldier) in
Hawick, Wm. Lyne in Goldielands, Margaret
M'Doual his spouse, John Lethane in Hawick,
and William Lethane his brother, Archibald
Henderson in Kirktoune, and Andro Air, there ;
that where the said Samuel Rutherfurde being
in company with the said persones, drinking with
them, he wanting his purse with ane key thereat,
and ane letter, being £11 money of this realme
thereintil, being three 4 merk peices coneyst
with the milne rynd, with four 6 shilling peices,
and 12 pence, with the rest of small siller, either
stolen from him, or else ignorantly lost by him
in their companies ; whilk Samuel desirit the
said bailies to take tryell anent the said purs,
and to take the said persons their oaths of ve-
rity upon the knowledge thereof, since the same
was in his hand in presence of them all, not sus-
pecting ane mair nor ane uther, in the house of
Hellen Turnbull, relict of umquhil James Le-
thane in Hawick. The said Samuel Rutherford
made faith judiciallie, that he had the purs as
1642.] AXNALS OF HAWICK. 55
said is in his hands at the table in Helen Turn-
outs house, and broucht £40 furth thereof.
" Helen Turnbull deponed upon her great
oath, that she never saw the purs in his hand,
nor knows not thereof directly nor indirectly
what way he wanted it, nor how it went. — John
Lethane, her son, being solemnly sworn, deponed
that he never saw the purs, nor yet knaws na
way where it went, directly nor indirectly. —
William Turnbull being solemnly sworn, deponed
ut supra, except he saw him have some monies
in his hand, but na purs. — Thomas Turnbull
deponed, after he was solemnly sworn, that he
saw him have ane purse at the buird, and tuik
three forty penny peses in it, and pay ane pynt
of aill, but knaws na farther. — James Eliot being
solemnly sworn, deponed, that he never saw the
purs, nor knaws not what become of it, directly
nor indirectly ." — Council Records.
" The said day, anent the complaint given in
by John Lethane against Samuel llutherford,
for the laying of his purs upon him, that he had
the same, and desired him with violence to give
the purs again. The said Samuel compearing,
denied the same, and the said John Lethane pro-
duced James Stewart, cordiner, and Hew Ellott,
smith, witnessses for proving thereof. Quhilks
being solemnly sworn, James Stewart deponed
as follows : That he heard Samuel Rutherford
say nothing, but he heard John Lethane say,
that he bade him give his purs again, and saw
56 ANNALS OF HAWICK. [1642.
him draw no weapon, nor do no violence. — Hew
Ellott deponed, he heard Samuel say to John
Lethane, that he wanted his purs, and said John
Lethane get it
agane to me, or else I will try it with my cauld
sword. — John Eliot, wag, deponit, That he heard
Samuel Rutherford say, that he thocht nane had
his purs bot he, and saw na waponnes drawn. 1 "' —
Council Booh.
" Quhilk day, Thomas Olipher, cordiner, is
decerned in an unlaw and fine of ten pundis
money, for giving of unreverent language to the
bailies in face of court, and calling William E-ue-
castell man-sworn in face of court ; and to re-
main in waird during the bailies'' will. ,,> — lb.
" The said clay, Thomas Olipher, traveller, being
accusit at the instance of William Liddell, Pro-
curator-fiscal of the toun of Hawick, for contra-
vening of the acts of the said toun, and refusing
to come to waird at command of the bailies, and
for drawing of am sword to James Burne, bailie,
as was proven by James Kinnaird, upon his great
oath; therefore was decerned in ane unlaw of
£20, and to lie 8 days in the stockis." — lb.
" Decerns James Tudhope, William Hardie,
cowpar, and Adam Martene, to content and pay
to Gilbert Watt, notar-public, five half-firlots
aitts, eaten by thair guids to him in harvest last,
in respect of John Scott, maltman, and John
1643.] ANNALS OF HAWICK. 57
Purdholm, appraisers, their declaration, and the
pursuer's oath, that he fed his awin geir, to his
knowledge, in £6 for the boll, with 10s. 8d. of
expenses equally amongst them. ,, — Council Booh.
" Decerns Andrew Deans, skinner, to content
and pay to Walter Robson, merchand, £8, J 8s.,
after count and reckoning, for skins ; mair 19s.
6d. for the inlack of wool sold to him ; mair 36s.
given to Walter Scott, called Gray, at his com-
mand; mair 15s. for sheip skins; mair 30s. for
skins coft and receivit by him at Whitsunday
last mair 4s. in lent money, upon confes-
sion judicially, with 14s. of expenses of pley." — lb.
A party prosecutes another before the bailies
" for furnishings of certain acquawyttie and
watters coft and receivit by him.*' 1 — lb.
1643.
" The said day, in presence of the bailies and
council of Hawick, the haill wobstaris being ac-
cused for usurping the bailies'' office, in causing
arrest in other hands claith-yarns, or claiths, and
being confessed, the bailies and council unlawit ilk
ane of them in 12s. to the bailies, and discharged
in time coming ilk ane of them not to reill any
yarns out of clewis without the sight of the
owner, or some uther at their direction, to see
the samyn
ilk ane that does on the contrary to pay 40s.
Scots money." — lb.
58 ANNALS OF HAWICK. [1643.
" The said day James Scott, late bailie, made
count and reckoning of his intromissions with the
contribution that was gathered for the soldiers at
Newcastle in 1641.'" — Council Booh.
" The said day, it is statute and ordained that
the cordiners shall try this market for insufficient
leather and unbarkit schone, and what fines they
receive, the ane half thereof shall pertain to the
town's use, and the other half to the craft ; and
if any riot or complaint be committed, the bailies
only to be judges thereof/' — lb.
The county valuation book of this date ex-
hibits the yearly value of the lands in the parish
of Hawick as follows : —
Scots money.
Earl of Queensberry, . £5424 16 8
Earl of Buccleuch, . . 6311 3 4
Walter Scott of Goldielands, 566 13 4
Robert Scott of Cloak, . 100
John Scott of Allanhaugh, . 110
Robert Scott of Falnash, . 1400
Sir Robert Dalyell, Robert Scott of
Hartwoodmilll, . . 533 6 8
Walter Gladstains of Whitelaw, 266 13 4
John Scott of TodshawhilL . 133 6 8
Walter Chisholm of Parkhill, 200
Walter Scott of Chamerlayne Newton, 266 IS 4
Walter Gladstains of Halysland, 66 13 4
Eleven small proprietors, . 1 65 ]
£15,544 16 8
1643.] ANNALS OF HAWICK. 59
Upon the suppression of the parish of Hassen-
dean, and creation of the parish of Roberton, in
the seventeenth century, a considerable part of
Hawick parish was transferred to the newly
erected parish of Roberton.
Valuation of Wilton parish at same period : —
Scots money.
Earl of Buccleugh, . . £2440
Margaret Haswell, liferenter of Ut-
tersiderigg,
Robert Scott of Hartwoodmyres,
Sir William Scott of Harden,
Robert Scott of Lack,
Robert Langlands of that ilk,
Robert Scott of Headshaw,
James Scott of Park,
William Elliot of Stobs,
Mr Donaldson, liferenter of ane merk
of land of Heap, .
A considerable portion of these lands is now
within the new parish of Roberton.
The following were the principal landed pro-
prietors in the neighbourhood during the middle
and latter part of the seventeenth century.
Lancie Armstrong of Whithaugh.
Earl of Buccleuch.
William Chisholme of Stirkshaws.
360
26
13
4
814
130
953
16
8
448
10
200
260
39
£5672
60 ANNALS OF HAWICK. [1643.
Lord Cranstoun.
Walter Chisholme of Wester Parkhill.
Andrew Chisholme of Easter Parkhill.
Sir William Douglas of Cavers.
William Douglas of Califordhill.
Sir Robert Dalyell.
Marquis of Douglas.
Archibald Douglas of Hawthornside.
Ralph Davidson of Greenhouse.
James Elliot of Redheugh.
Robert Elliot of Larriston.
William Elliot of Dinlaybyre.
Archibald Elliot of Midlem Mill.
Sir William Elliot of Stobs.
Elliot of Lymiecleuch.
« Elliot of Carlenrick.
William Elliot of Philip.
Gavin Elliot of Uttersiderig.
Gilbert Elliot of Craigend and Deanfoot.
Laird of Gledstains, viz. Gledstains of that Ilk.
George Gledstaines of Dodd.
Walter Gledstanes of Whitlaw.
Walter Gladstaines in Halysland, or Hillhouse-
land.
Christopher Irving of Binks.
Andrew Ker of Wells.
Robert Langlands of that Ilk.
Walter M'Gill.
Robert Pringle of Stitchell.
Earl of Queensberry.
John Riddell of Muselee.
Earl of Roxburgh.
1643.] ANNALS OF HAWICK. 61
William Scott of Mangerton.
John Scott of Gorrenberry.
Walter Scott of Goldielands.
G. Scott in Dockcleuch.
Walter Scott in Stobitcote.
Lady Sumington.
Robert Scott of Cloak.
John Scott of Langhope.
John Scott of Allanhangh.
Robert Scott of Falnash.
Sir Gideon Scott of Highchesters.
John Scott of Todshawhill.
Walter Scott of Chamerlayne Newton.
Walter Scott of Harwood (Teviot).
Walter Scott of Altencrofts.
Walter Scott of Crumhaugh.
Sir Francis Scott (of Thirlstane).
Robert Scott of Horsleyhill.
Walter Scott of Eilrig.
Sir William Scott of Harden.
Robert Scott of Headshaw.
John Scott of Ormiston, merchant in Hawick.
James Scott of Park (Wilton).
Scott of Heap.
John Scott of Briddieyards.
Robert Scott of Burnhead.
Walter Scott of Burnfit on Teviot.
William Scott of Clarielaw.
Robert Scott of Whitslaid.
William Scott of Galalaw.
William Scott of Cowdhouse and Tandlaw.
Robert Scott of Satchells.
62 ANNALS OF HAWICK. [1644.
Walter Scott of Whithauche.
G-eorge Scott of Bownraw.
Francis Scott of Sinton.
Francis Scott of Oastleside.
Walter Scott of Shielswood.
Walter Scott of Woll.
Thomas Scott of Todrig.
Robert Scott of Burnfoot on Ail.
John Scott of Clerklands.
Adam Scott of Hassenden.
Walter Scott of Alton in Raperlaw.
Earl of Traquair.
T. Turnbull of Tour.
— Turnbull of Tofts.
Thomas Turnbull of Know.
Hector Turnbull of Clarilaw.
Earl of Tarras.
William Turnbull of Bedrule.
John and William Turnbull of Minto.
John Turnbull of Firth.
1644.
A burgess, charged with not being present at
the riding and meithing of the common, pleads
that he was at the Watch-know, and is assoilzied.
— Council Books.
Several parties fined for going away to scheir,
and ordered to remove fra the town for ane year.
—lb.
" 22d June. — The quhilk day it is ordainit, at
1644.] ANNALS OF HAWICK. 63
the command of the General and company, that
three bagage horse wer to go to the armie out of
the town ; according to the said direction 3 per-
sons war to furneis ilk ane of thame ane horse or
meir, which war appreisit by Ritchie Hardie,
wright, , William Wright, and
Adam Mairtene, as follows : — viz. John Clapper-
ton, his horse, to 40 merks, Thomas Wilsone, his
naig, to £22, and James Tudhope, his to £32
Scots money, to be pait to them in case the horse
come nocht back again, or be lost. Sic lyke,
there is comprised ane seek pertaining to Andrew
Leyden, to 20s., John Scott, Alton's seek to 1 6s.,
and ane uther seek pertaining to William Pater-
son, to 12s. Scots money ." — Council Books.
"Aug. 26. — The said day, in presence of the
bailies and maist part of the council, it is statut
and ordainit, that na inhabitant within this town
of Hawick shall go without the said town to
scheir to any person in harvest, or remove fra
the said town without licence of the bailies, ilk
person under the pain of £10 money, and perpetual
banishment from the town ; and that ilk person
shall remain within the said town and scheir, con-
form to the act of community direct for that
efect." — This ordinance renewed in 1655, and
masters hiring such servants are fined £6. — lb.
" Compeared the haill Council, and voluntarily
of their awin free will renuncit and overgave their
quarterings of the soldiers to the town's use, and
64 ANNALS OF HAWICK. [1644.
agreit that the 200 merks allowit be the Earl of
Queensbery, and debursed be the town of Hawick
in reiJcing out of the soldiers, in maintenance and
arms, should be allowit in quartering of the ten
troopers that is to be laid upon the tradesmen
and town of Hawick, so lang as the same lasts,
and that after ane stent to be made through the
haill town for their maintenance, as sail be set
down." — Council Booh.
" The quhilk day, in presence of the bailies and
council, the haill comptes for the receipt of the
monies for advancing of the sodgers with their ar-
mour, being all comptit and allowit, rests in the
hands of William Liddell, merchant, younger,
d£83, 7s. money, to be furthcoming to the town's
use."— 75.
" The quhilk day, William Ellott in Harret,
acted him as cautioner and surety for Jenet Scott,
alleged witche, spouse to John Grlendinning, called
1 Sowtail? that she shall compear personally be-
fore the Justice-General, or his deputes, or bailies
of the regality of Drumlanrig, or their deputes
and underly the law, for all causes of witchcraft,
or other causes criminal, to be laid to her charge,
upon 8 days 1 warning, as he will be answerable
under the panes contained in the act of Parlia-
ment thereanent.'" — lb.
" A party is ordained to pay a fine of ten pounds,
and remain in the stockis during the bailies' will,
1645.] ANNALS OF HAWICK. 65
and to remove from the town for ane yeir and
langer, during the bailies 1 will, for their going in
scheiring, by the act of Parliament for that ef-
fect." — Council Books.
1645.
; ' The said day, in presence of the bailies, com-
peared Gilbert Watt, dark, and complained upon
James Scott, lorrimer, for injuring of the said
Gilbert Watt, in calling of him ane twa facet
thief, and ane runnigat beggar fra toune to toune,
(alluding probably to his being Clerk of Circuit),
and ane false unhonest thief, — the said James
Scott compearing, being referred to the said
James his oath, who refused ; and thereafter re-
ferred to the said Gilbert Watt his oath, who
deponed solemnly that he abused him with these
words, and many mae, contrary to the acts set
down, for abusing of the dark be sic language."
—lb.
" The said day, Allan Deans, traveller, being
accused for not being at the riding and meithing
of the common, upon the 24th of May 1645, com-
peiring, confessit he was at the Watch-Know,
assoilzied him of the penalty and fine, and actit
himself gyf ever he do the lyk he shall pay the
double of the penalty, conform to the act, and
double punishment." — lb.
" Three persons are fined respectively, £(),
F
66 ANNALS OF HAWICK. [1646.
£3, and 4 merks, for contravening the acts, in
going to Edinburgh without license, upon confes-
sion thereof, — ane dollar allowed to the officers, —
two of the partie to lie in ward quhill the morne,
and langar quhill they pay the fine, and the other
to remain eight days in ward, and langar quhill
he pay the dollar." — Council Books.
1646.
" Decerns Walter Chisholm, merchant, to pay
£5, for his fine, in contempning the bailies , ordi-
nance to go and convey James Elliot, sodger, to
Jedburt to his cullorsT — lb.
" The quhilk day the haill inhabitants being
all convenit within the Jcirk and Tcirkyard of
Hawick, for election of twa bailies, who, dividing
themselves, removing apart, after maniest votes,
elected, &c."
(Here follow the names.)
1648.
" A party convicted of stealing peats, is or-
dained to pay the bailies £10 for each of the
three stouths, and to go to the stocks." — lb.
" Dec. 15. — The whilk day, in presence of James
Burne and John Scott, bailies of Hawick, the
persons under-named were elected and chosen to
be councellors within this burgh, to assist the
bailies in the town s affairs, that is to say, — Wil-
liam Scott at the Crose ; Robert Scott, Goldi-
1649.] ANNALS OF HAWICK. 67
lands ; Robert Deans, lister (dyer) ; John Clark ;
William Liddell ; William Ruecastle ; John Rich-
ardson, notar ; Walter Chisholme, Robert Wricht,
smyth ; Robert Gillespie, smyth ; James Scott,
lorimer (sadler) ; Walter Purdom ; Walter Scott,
West Port ; John Scott, Ormiston ; and William
Briggs, webstar." — Council Booh.
" The whilk day, with consent of the bailies,
council, and communitie of Hawick, it is actit,
statut, and ordainit, that no personne sail bruick
the office of bailliarie longer nor the space of twa
years together, and sail not be put in leitt for ane
year effcer the twa years, and this act to stand
guid in tyme coming." — lb.
1649.
u The said day, Symont Aitchison and James
Clapperton were chosen collectors of the stent of
the east wattir ; David Badie and Robert Rue-
castle, younger, collectors for the west side of the
wattir. ,, — lb.
" Decerns Thomas Olipher in ane unlaw of 6s.
for ilk nolt of six nolt that he has kept in the
infield, and as meikle for ilk nolt that lies out of
the nicht in his neighbour's corn or haynet gers.
—lb.
1650.
" Decerns Walter Scott in ane unlaw and fine
of £10, for the striking up of Thomas Broun his
68 ANNALS OF HAWICK. [1651.
dure, in the night, and desiring him to cum out
for his hanging."
Bailies since 1 640 : — Robert Scott, callit of
Goldilands ; James Scott ; James Burne ; Wil-
liam Scott, at the Crose ; Robert Deans ; Gilbert
Watt, T.C. ; Walter Chisholm, Pro r. -Fiscal ;
Robert Cunningham, Parish Minister. — Council
Books.
" A party is fined £10, and to remain in waird
during the bailies 1 will, for calling Gilbert Watt,
Toun-clerk, ane suckler, and for other injurious
w^ords." — lb.
1651.
" A party is decerned to pay 4s. Scots per
for work wrought to him." — lb.
" The quhilk day, in presence of the bailies and
council of this burgh, who ail after maniest votes
condescended and acted, statut and ordainit, that
whatever person within the toun has any of the
English army quartered on them, should only have
for ilk trooper, in the twenty-four hours, 30s.
Scots, for entertaining of horse and man, fra the
21st of Febry to the 6th of March, being twelve
days, and thereafter to
expire, this act ; with this addition, that the per-
son that has thame quartered shall contribute
with the rest." — lb.
1C52.] ANNALS OF HAWICK. 69
" Bobert Olipher, cordiner (elsewhere called
Lord Olipher), is ordained to pay £5 to the bailies,
for disobeying them, by refusing to go to be ane
gyd to the Inglis to Langholm" (honest Clint-
head !). — Council Records. (These were pro-
bably the soldiers of Cromwell, on their way to
England from Scotland, where they had practised
great cruelties.)
u The bailies adjudge Robert Inglis, maltman,
to pay £30 to the town's use, because he was not
burdened with quartering the English army in
February and March last." — lb.
1652.
Died, Francis, second Earl of Dalkeith, a firm
friend to the royal family, for which, after his
death, Cromwell imposed the heavy fine of £15,000
sterling, upon his heirs.
" Assoilzies Thomas Olifer, traveller, fra the
claim persewit be John Scott, merchant, for pay-
ment to him of £6, 10s. worth of tobbacco pypis,
broken be him in carrying of thame out of Edin-
burgh ; and for payment to him of £6, 10s. worth
of hott waters, and aucht merkis worth of powder,
and aucht merkis worth of quhyt sugar, allegit
promeist be him to bring haill, saif and sound
to Hawick, quhilk he brak, drownet, and lossit
be the way. Qpon (whereupon), the defender's
aith, given judiciallie, that he had only the carry-
ing of thame, and never promeist to bring thame
70 ANNALS OF HAWICK. [1655.
saif and sound to Hawick, and did thame na
wrang be the way. Qrpon, Thomas Olipher askit
act of Court." — Council Records.
The burgh's two charters, and extract thereof,
under the hands of the Clerk Register, with in-
formations for advocates in Edinburgh, of the
privilege of the said charters, and freedom of
Hawick, are delivered over by the widow of the
deceased custodier to the newly appointed custo-
dier thereof. — Ibid. (It is to be regretted that
these Informations, which would have shed light
on the early history of the burgh, are not ex-
tant.)
1655.
A town treasurer is elected, apparently for the
first time, " for ingathering of the monies fra the
burgesses and others pertaining to the town." —
lb.
M A party is decerned to pay 16 pense for ilk
stane of wool weighting." — lb.
" Decerns the said Robert Rewcastell to pay
the said Walter Stavert four merkis, borrowed
when he went from Glasgow to Edinburgh, and
7s. Scots for a leg of mutton." — lb.
" Assoilzies George Makwetie fra the claim
persewit be John Scott, pethar, for a half dozen
of butes, mae or fewer, allegit taken away fra his
crame in Hawick." — lb.
1656.] ANNALS OF HAWICK. 71
" A party is decerned to pay to Bobert Reu-
castell, traveller, 44 shillings, for carrying of ane
pack of wool to Edinburgh ; mair 24 shillings, for
horsing of him from Edinburgh to Hawick, and
in 9s. Scots for ane dry killit fische." — Council
Records.
Aug. 16. — The Council enact, that " all hennis,
cockis, and caponnes, be cuttit and schorne in
the wing, and all young foulis be cuttit in the foir
toe, and gyf any be fund uncuttit in the wings
and toes, it shall be leasome to any to kill or
slea them without any satisfaction or payment,
besides payment of 30s. Scots from those that
keep thame uncutit. ,,, — lb.
1656.
Two persons are appointed to search the meal-
market weekly, and what corns they find insuffi-
cient, be the same meill, beir, or other corns (no
mention of wheat), shall be confiscate. — lb.
Martin Eliot is decerned to pay to John Le-
thane 30s. Scots for his absence from his service
for 5 weeks, and assoilzied from <£4 claimed for
the Trooper coming to the said John Lethane. —
lb.
1st October. — On balancing the Treasurer's
accounts for his " intromissions with the Burges
Silver" he is found to have on hand £83 Scots.
—lb.
72 ANNALS OF HAWICK. [1657.
The Burgess money and fines imposed on de-
linquents, seem to have been then the only regu-
lar sources of income.
1657.
The quhilk day, in presence of the Bailies and
maist part of the Council convened, it is statut
and ordained, " that the Wohstairs shall receive
the town's work, and refuse none of the town's
work ; ilk ane that refuses under the pane of £4
Scots, to be paid to the Bailies of fine for their
refusal ; and gif any wobstar spillis, and makes
not sufficient work after tryell, under the pane of
£10 to the Bailies, and satisfaction to the party
owner thereof." — Council Books.
Eobert Howitson is ordained to pay Mr Wal-
ter Marteine, Scliole-master in Hawick, 19 merkis
Scots for byegane quarter wages due to him for
teaching of his sons in the schole several quarters
byegane. — lb.
1658.
James Liddell is electit Town-clerk by the
Bailies and Council during their will. — lb.
1659.
John Stobo, traveller in Kelso, engages not
to trouble nor molest our market, in buying either
butter or cheese before the bell ring for that effect,
under the pane of £10, and continuing in ward.
— lb.
1660.] ANNALS OF HAWICK. 73
Andrew Tunno elected town-clerk.
1660.
Bailies since 1650, William Kucastle, Walter
Chisholm, James Burne, Robert Deans, eister,
John Scott, maltman ; Gilbert Watt, James
Liddel, and Andrew Tunno, town-clerks ; John
Scott, parish minister. — Council Becords.
The weaver craft having fined John Brown
for taking but " ten pennies (five-sixths of a
penny sterling), for weaving of the elne of cloth
against their will ;" the bailies inflict a fine of
£6 Scots on the craft, except Brown, payable to
the town. — lb.
April 27th. — " Walter Chisholme, bailie, took
instruments in the hands of me, notar-public
under-subscribing, that he wold not condescend
to any actings of the town council that were not
agreeable with the acts contained formerly in
this book, anent the question of neighbourhood
for theiking, betwixt him and James Thorbrand.
(8. s.) " A. Tunno: 1 — lb.
At Haicick, 28th April 1660.—" The haill
council being convened within the Tolbooth, viz.,
William Scott of Horsliehill, &c. &c, did all
unanimously, una voce, act and ordain Walter
Chisholme (Laird of Stirkshaws) to give over his
office of baillzarie, and to act nothing as ane
G
74 ANNALS OF HAWICK. [1662.
bailie within the brughe until he be reinstalled
againe be the said council.*" — Council Records.
At Hawick, the 28th April 1660.—" The fore-
said haill counsellors being convened within the
Tolbuith thereof, did all with ane voice statute
and ordain, that every inhabitant within the
brughe shall have liberty to tur and theik, and
sett ane ladder in his neighbour's close or yaird
where they cannot win to tur and theik, and
sett ladders on their awin ground ; and where
there sail be ane necessity to sett ane ladder in
ane lint or kaill-yard, the party skaithed is to
have satisfaction at the sight of any two of the
councillors ; and that everie neighbour that hes
onie house to build sail have libertie to sett scaf-
folds upon their neighbour's ground, and ane
time appointit them be the council to build the
house in ; and the contraveners heirof, to pay
c£ a 20 to the town, and imprisoned eight days ;
and for the second contravention £40, and
fifteen days warding." — lb.
Stentmasters appointed to stent the inhabitants
for the schoolmaster's wage. — lb. — (This is the
first recorded instance of a stent, but the practice
was probably of an older date.)
1662.
The council nominate Walter Chisholme of
Stirkshaws, &c, to stent the town in c^lOO for
1663.] ANNALS OF HAWICK. 75
discussing the suspension against the town of
Jedburgh. — Council Records.
" Act of the town council anent the mer-
chants, 28th July 1662. — The haill council having
taken into their consideration the wrong and
abuse committed by the merchandes and others
of the burgh of Hawick, upon the fair days,
against merchants strangers that come in the
fair days to the burgh, and other weekly market
days, do hereby ordain every merchant in Ha-
wick to take up no more room on the fair days
or weekly markets, than the length of ane fir
daill, and that nane within the burgh take money
fra ony merchant for libertie to stand before
their doors, under the pane of 40s. toties quoties
(each offence) ; and that none within the town
take or mark any stands for any, but that every
man mark his awin stand, under the foresaid
penalties — lb.
1663.
The fleshers are ordained by the council not to
sell skins until they shall first be exposed in the
market place, under the pane of £10 ; and all
persons within the burgh not to buy the skins fra
the fleshers, until they present the mercat with
them at the cross, under the pane of ^10, to be
paid both by the buyer and seller. — lb.
1664.
Alexander Kinnear, minister of Hawick.
76 AOTTALS OF HAWICK. [1665.
1665.
" Anent the alleged wrong done be Marion
Gillespie to Walter Lorane, in pulling the hair
out of his heid, being referred to the pursuer's
oath, whether or not she did pull out his haire,
made faith affirmative ." — Council Records.
" Anent the alleged reproachful speeches,
spoken against Bailie Deans be Bessie Douglas.
James Scott, litster, witness sworn, deponed,
that he heard Bessie Douglas say, that Bailie
Deans was made bailie out of pity, and that the
yard pertaining to John Pasley was not truelie
marched. — lb.
A party is fined i?10 to the bailies, and i?10
to the town, for alleging that the bailies were
not honest men in fining him as they did. — lb.
The tailors supplicate the council to prohibit
unfreemen from working within the town, and
for power to pass a bye-law for punishing such
persons. The prayer is granted, and power is
also given to them to choose two quarter-masters
and an officer, with this provision, " that they sail
have no power to make their own prices for their
work: 1 — lb.
1 7th November. — The inhabitants are forbidden
to cross the border of Scotland to England, dur-
ing the suspicion of the plague in England, or at
the least in Northumberland, " until ane freedom
1669.] ANNALS OF HAWICK. 77
for that effect be proclaimed at the market-cross
of Jedburgh." — Council Records.
1669.
John Langlands, parish minister of Hawick.
A party is fined because he did drink the
militia confusion. — lb.
On the supplication of William Lord Drumlan-
rig, the Scottish Parliament authorise two ad-
ditional fairs, to be held at Hawick yearly, on
6th May and 10th September. — See Appendix,
Note 7.
The Parliament at same time grant a remit in
his Lorship 1 s favour for rectifying his valuation
of the barony of Hawick, which is stated to be
valued at a most exorbitant and unreasonable
rate, far exceeding the valuation of any other
land in the shire. — Thomson's Acts, vol. vii. p. 661.
" The haill council being convened, compeared
Mr Patrick Cuningham, burgess of this brughe,
and band and obliest himself, that hereafter he
sail not sit in judgment seat in the Baron's Court,
under the pane of losing his liberties of the said
brughe, and refers himself in the bailies 1 will and
council." — Council Records.
(The ordinance of 1640, which prohibited the
inhabitants from prosecuting parties in any other
than the burgh court, seems to have been con-
78 ANNALS OF HAWICK. [1670.
strued as by implication disabling them from
sitting on the bench in any other court.)
A woman is fined for saying of Bailie Thor-
brand, that " the jogges was mair fitting for him
nor hir." — Council Records.
1670.
Bailies since 1660, Kobert Deans, James
Laing, James Burne, Walter Purdom, James
Gledstains, James Thorbrand ; Andrew Tunno,
town-clerk ; John Scott, John Brown, and Wil-
liam Pasley, procurators-fiscals. — lb.
It appears from various criminal convictions,
that it was customary at this period for men to
carry swords.
May 6th, a Fair day. — June 24th, Midsummer
Fair.
An action is raised before the bailies, at the
instance of the tacksmen of the Mills of Hawick,
against several parties for " abstracted and dry
multures," who are assoilzied. — lb.
The council resolve that the fines (with some
exceptions) exacted by the bailies, shall be ap-
plied to the proper use of the burgh. — lb.
1672.
u Hew Eliott, smythe, in Newmylnes, in Slit-
1673.] ANNALS OF HAWICK. 79
rig, is admitted a burgess, gratis, by the impor-
tunity of ane person of quality.'" — Council Records,
1673.
The (above) act of 1670 recinded, and the
council " unanimously resolve that such fines shall
properly appertain and belong to the two present
bailies of this brughe for the time, conform to the
ancient pratique of this burgh since the first ryse
and beginning of magistracy within the same. ,, — lb .
A woman is fined " for bidding Adam Turn-
bull hang himself, and calling him ane land loppon
lowne." — lb.
1674.
A party is fined " for giving unraverent lan-
guage to the present bailie, and calling him
witches gait? — lb.
The council impose a stent on the inhabitants
for expeding the affairs of the burgh. — lb.
A party is fined for pursuing another before a
different judge than the bailies. — lb.
John Scott is fined " for abusing and taking
away of the bailies their good name, by calling
them robers? — lb.
" William Hall and his family are banished
from the burgh, in regard he did, in a most hos-
80 ANNALS OF HAWICK. [1675.
tile manner, draw ane sword and run at Walter
Purdom, present bailie, and offered to shoot him
with ane pistol ; and because they are vagabond
Egyptians, and also in obedience to the minister
and session, their desire." — Council Records.
" William Turnbull is elected town piper, and
directed at even and morn and other solemn occa-
sions, to go through the town with the drum.
Salary £\% : 6 : 8 Scots.— lb.
A party is fined for disobedience to the magis-
trates, in respect they did ordain him to give his
horse to bailie Purdom, to ride to Jedburgh about
the town s affairs, which he refused, and obsti-
nately disobeyed the said decree. — lb.
1675.
" John Scott is banished from the town and
burgh, and to lose his freedom in time coming,
because of several thefts committed by him,
whereof he stands guilty in this book." — lb.
James Holme, from Kelso, is fined for alleging
that John Beattie, in Wattcarrick, had stolen
from him, out of the plant market, 3000 plants,
which he could not make out, and which were
found to have been bought from other planters.
— lb.
" John Fiddes, from Jedburgh, is fined for fore-
stalling the market, by selling loaves at ane dearer
1676.] ANNALS OF HAWICK. 81
rate than others of the same syse/' — Council
Records.
Winter fair held on 28th October.
" T. Lun, merchant, is fined for disobedience
to the bailies, in not coming to the night watch
when he was charged to do so." — lb.
1676.
" Mr Patrick Cunningham is fined for reproach-
full language against the bailies, in saying that
in spite of them, and they were hanged, they
should not poind him upon their decreet, and that
he had been dPIOOO out of their way already, and
would be another, and would make them stand
where they should tremble. 1 "' — lb.
" Mr Cunningham is fined for deforcing the
officers with ane collraicke? — lb.
(This is the first mention of coal.)
The quarter-masters of the weaver trade com-
plain upon two of their craft, that, contrary to the
seal of cause granted by the bailies and council
to their trade, the parties complained upon had
appealed against a fine, for disobedience to the
trade, of four groats to the bailies, and eight
pence to the quarter-masters, to Eobert Scott of
Horsliehill (probably the bailie of regality), and
not to the bailies of Hawick, for which they are
fined. — lb.
82 ANNALS OF HAWICK. [1677.
A fair is held on 10th September.
1677.
" Falnash (bailie-depute of the regality) con-
fessed the striking of Walter Hardie, and came in
the bailies' will." — Council Records.
October. — James Ohisholm, laird, is fined for
removing the march-stones betwixt him and Mr
Patrick Cunningham, and giving unreverend lan-
guage to the bailies in a fenced court. — lb.
Nov. — The bailies and council promise to as-
sist the bailies in the matter of ane oppression al-
leged committed by them on James Chisholme,
conform to the tenor of summons raised against
them before his Majesty's privy council. — lb.
Sept. 10. — The quartermaster of the shoe-
maker trade tried the market, to find if the shoes
were all of sufficient barked leather, and reported
that, if permitted, he might find Jacke about, which
doth imply only two soles, whereas there is appa-
rent three without, which they said was not the
custom to search too narrowly. — lb.
" "Robert Payslay, for abusing of the market,
and keeping of the honest men from selling of their
shoes, is ordained to remain within the Tolbooth
during the pleasure of the bailies." — lb.
1678.] ANNALS OF HAWICK. 83
1678.
A party is fined by the bailies for giving sum-
mons to another before the Commissar. — Council
Records.
" Walter Hardie was unlawed for giving un-
reverend language against Westport (Walter
Scott, one of the bailies), in saying that West-
port would be hanged" — lb.
" Michael Trumble, cuper, was amerciatt by
the bailies, conform to the acts of the towne, and
that in ane bloodwyt, in respect the said Robert
Broun had his face very lyke to his good dame,
and calling her witch, and him witches-gate, —
John Trumble, in ane ryott committ upon the
said Robert Broun, — and Robert Trumble, in ane
blood upon him, for nae other cause but because
the said Robert Broun, after all the three bre-
thren, especially Michael, first had casten up his
good dame to him, and called him witches-gate,
answered, that they might hold their peace of that,
for it was reported their sister was ane of that
sort. ,, — lb.
1679.
" Aug. 25. — George Hall is convicted of ane
blood, and farther ordained to pay Robert Scott
5s. Scots per day, in respect his arm was swollen
by the stockis, and he could not shear." — lb.
The quartermasters of the tailors are convicted
84 AKNALS OF HAWICK. [1680.
by the bailies of making an act not to work out
of their own houses, and fined therefor. — Council
Records.
" James Scott, called Pedee, is fined for ane
great disobedience to the bailies, in keeping fast
the house against them when they desired
entrance only upon some great emergency con-
cerning the town, and would upon no persuasion
open, but gave them opprobrious and irreverend
language, and sicklike this day, not only in high
contempt of the bailies and their authority, did
chain bailie Gladstains"' barn, and would not, when
divers times commanded, open the same, till they
were necessited to bring fore hammers to open the
same, but also when he came out did make resist-
ance, and, by flight, laboured to make his escape,
and^after he was retaken would, neither by foul nor
fair means and motives, be persuaded to go to the
Tolbuith, till the bailies themselves and officers
were forced to carry him, and to charge others
of the inhabitants to their assistance, the verity
whereof is too notour to all that part of the
town."— lb.
1680.
" Oct. 8. — A party is fined for away taking
six gang of divatts off the common of Hawick,
which were casten for the use of the common kill."
— lb. See postea, 1729.
Bailies since 1670. — James Laing, William
1681.] ANNALS OF HAWICK. 85
Scott, docter, Walter Scott, James Scott, Or-
miston, James Thorbrand, Walter Purdom,
James Scott, litster, Casaend, and James Glad-
stains; Andrew Rutherford and Walter Glad-
stains, town-clerks; William Scott and James
Deans, procurators-fiscal ; John Purdom, school-
master. — Council Records.
1631.
The bailies, and apparently the whole council,
subscribe the following test, that M they judge it
unlawful for subjects, upon pretence of reforma-
tion, or any other pretence whatsomever, to
enter into covenants or leagues, or to convocate,
convene, or assemble in any councils, conventions,
or assemblies, to treat, consult, or determine in
any matter of state, civil or ecclesiastical, without
His Majesty's special command, or express licence
had thereto, or to take up arms against the king,
or those commissioned by him, and that they
shall never so rise in arms, or enter into such
covenants or assemblies, and that there lies no
obligation on them from the National Covenant,
or the Solemn League and Covenant," &c. —
lb.
It is evident, from various entries about this
date, that the council were by no means prepared
for martyrdom in the cause of the covenant.
They were, probably, acting under the influence
of James, Duke of Monmouth and Buccleuch,
who was commissioned to suppress that party.
86 ANNALS OF HAWICK. [1684.
1684.
William Laing, in Hawick, was ordered to be
transported to America by his Majesty's Council,
for the pretended crimes of rebellion and harbour-
ing of rebels. This was during the persecution.
See CrookshanFs History of the Church of Scot-
land. The same author states, that John Scott
of Hawick, and others, had been obliged to re-
tire to England (in 1676), where they were very
useful in Cumberland and Northumberland, re-
claiming sinners, and instructing many who
scarcely ever had the gospel preached among
them before. Alexander Orrock, afterwards
minister of this parish, suffered imprisonment
during the same period.
The tailors and weavers supplicate the council
for the benefit of the Test, which was granted,
and immediately thereafter they all took the
same upon their knees, by repeating the same
after the clerk, word by word. — Council Becords.
1685.
" June 15. — The quhilke day, in presence of
Sir William Elliot of Stobbs, as lieutenant of
the Earl of Lothian's troope, and commissioned
for this effect, compeired the persons following : —
viz. Archibald Baptie, in Blackcleuch, William
Elliot, in Carritridge, William Nichol, there,
William Taylfer and Thomas Pott, both in How-
pasley, John Dalgleish, in Carsope, Walter
Ballantyne, in Berrybush, James Fletcher, in
1685.] ANNALS OF HAWICK. 87
Belenden, and John Duncan, a traveller; and
did take the test and oath of abjuration, and
further enacted themselves to live orderly, and
not frequent house and field conventicles here-
after. (Signed) W. Eliott. 11 — Council Records.
1685.
Adam Young is fined for calumniating bailie
Scott and his son, in asserting, that " they either
had taken or reset the growing pease taken by
some of the pedees of the gentlemen of my Lord
Airlies trooped — lb.
" The town council agree that bailie Layng,
&c. should have farther relief of 200 merks paid
out by them as the price of building the steeple
loft, d^JOO Scots out of the fore-end of the 18
pennies gathered for the militia money 1 685." — lb.
A party is fined £ 10 for disobeying the bailie
when called on to ride with a prisoner to Jed-
burgh, when the bailie was required thereto by
the sheriff, and for his contumacious language
given to the bailie. — lb.
" Aug. 9. — George Deans was amerciate for
disobedience given to bailie Laing, in refusing to
go to the tolbuith when charged by him thereto,
for refusing to go to Galashiels with ane express
from Colonel Graham of Claverhouse, and in giving
unreverend language, and menacing him with ane
great stone in his hand. 11 — lb.
88 ANNALS OF HAWICK. [1686-
(Honour to the memory of George Deans ! —
From this conviction it appears that Claverhouse
had been at Hawick, and in favour with the
authorities.)
" Robert Wright, late bailie, is fined for abusing
the present bailie, by hanging of him, and calling
him drunken sott and logerhead, and further
fined ^10 for refusing to go to the tolbuith for
the said abuse, when charged thereto." — Council
Records.
James, Duke of Monmouth and Buccleuch, is
executed. He was the first husband of the Lady
Anne Scott, surviving daughter and heiress of
Francis Scott, Earl of Buccleuch, superior of the
burgh.
1686.
At the Criminal Court, Edinburgh, the King^s
Advocate insisted on the forfeiture of the Duke
of Monmouth and Buccleuch, who was found
guilty of three points of treason, namely, for the
invasion, for the assumption of the Crown, and
for touching persons who were afflicted with the
scrofula jure corona? .
The counsel for the injured Duchess declined
to act, but protested that the doom against her
husband should not prejudice her just right to her
own estate. The fee of Buccleuch, it was thought,
could not be forfeited for his fault, as his lady
and children had the right, while he had only
1686.] ANNALS OF HAWICK. 89
his life in the estate. — (Lord FountainhalFs
Abstract.)
This was the most critical event in the history
of the Buccleuch family, as the estates were, not-
withstanding of FountainhalFs remarks, un-
doubtedly forfeited. They seem, however, to
have been immediately restored. — See Appendix,
Note 8.
1686.
It is believed an Episcopal Chapel existed here
about this time. A dwelling-house in Kirkwynd
is supposed to have been part of the original
structure.
The Hammermen incorporated by an act of the
Town Council, with power to try the sufficiency
of their respective trades as smith, wright, and
cooper work, at either fair or market, and fine
and punish accordingly. It is stated in their
supplication, that the weavers and cordiners had
been previously incorporated. — Council Records.
Walter Hardie is fined for speaking reproach-
fully of the minister of the town before bailie
Laing. — lb.
George Turnbull in Doveshaugh, is fined " for
having seedie and insufficient meale in the
market, being about ane gouping of seed sived
out of half ane pecke of his full sacke." — lb.
H
90 ANNALS OF HAWICK. [1688.
1G88.
* A party is convicted of an assault on a chimney
dighter. — Council Records.
" Janet Leydon and Bessie Wilson are each
fined <£ J 10 for giving unreverent language to
Bailie Scott, when he was outreiking his Majesty's
Militia."— lb.
" James Lands, journeyman baocter, is convict-
ed of breaking ane timber bynke." — lb.
" George Scott is fined £20 Scots for deserting
the town when the Militia was listing." — lb.
Robert Scott is fined <£100 Scots, " for fleeing
and deserting the town when all persons were liable
to have been charged for throwing at the dyce
and drawing of balotes (ballots)." — lb.
1689.
William Douglas is fined " for ane exhorbitant
marriage with Thomas Lun's daughter, contrary
to the 14 act of Parliament of Charles 2d." — lb.
Robrt Hod is fined i?100, " for his irregular
marriage in England, the parties 1 whole goods
sequestrated, and themselves banished the town
in all time coming." — lb.
Alexander Orrok is Parish Minister. — lb.
1690.] ANNALS OF HAWICK. 91
A party is fined " for having declared in face
of honest gentlemen, that Robert Wright, one of
the two present Bailies, was but ane basse kniffe
(knave), and that William Scott, the other pre-
sent Bailie, had no power to sit in judgment, or
hadd courts at this time." — Council Records.
1690.
" Robert Wright, cor diner in Easter Burnfoot,
is admitted Burgess gratis, in respect it is the
custom of all towns, that the Provost or other
Magistrates have the liberty to create 2 or 3
Burgesses gratis. 1 '' — lb.
Hawick turned out its quota of men to resist
the demolition of the kirk of Hassendean. Dou-
glas of Cavers, the Sheriff, aided by the posse
comitatus, however, overpowers the unruly assem-
blage, and accomplished its destruction. For
this proceeding, the Sheriff was threatened by
the crowd with the judgment of Heaven, a cir-
cumstance to which Leyden thus alludes in his
Scenes of Infancy (Part 2.) —
" Then circles many a legendary tale
Of Douglas' race, foredoom'd without a male
To fade, unbless'd, since in the churchyard green,
Its Lord o'erthrew the spires of Hazeldean."
Contemporary poetry lent its aid to perpetuate
the event, of which the following is a specimen : —
92 ANNALS OF HAWICK. [1691.
" First came Todrig,
Then came Woll,
Last came Whitslade,
The Chief of the Water Ail ;
Then came Alton,
And the Wives of Briddieyards, —
They're a' away to Hassendean,
And left their woo and cairds."
There is a drawing of the ruins of Hassendean
church in CardonelFs Antiquities, plate 3.
Bailies since 1680, William Scott of Brier-
yards, James Scott called Ormiston, James Deans,
William Lang, Robert Wright, Walter Glad-
stains, Town-clerk. — Council Records.
1691.
John Gardiner is fined £10, " because he,
when cited before the Bailies, out of high con-
tempt for their authority, did run his way doun
the tolbuith stairs.'" — lb.
1692.
James Halliday is fined " for publicly selling
up and down the town ane carcass of swyne which
was leprous, and consequently dangerous to be
made use of." — lb,
John Scott of Woll, and Gideon Scott of
Falnash, are Chamberlains to the Duchess of
Buccleuch. — lb.
1693.] ANNALS OF HAWICK. 93
In a process of marching, the decerniture is to
the effect, " that the said William Paterson may
have the better and mair free passage with packs
of wool, and leading out of his mucke." — Council
Records.
1693.
Robert Scott is fined " for ane riot on Euphan
Rutherford, servitrix to Mr Francis Scott, late
minister at Hassendean, by striking her with ane
rung, and breaking of her mistresses rocke when
she was spinning there, as neighbours use to do
in each others houses." — lb.
" Lyke as the pure wyffe quhilk at euin had raik
Hyr ingill, risis for to bet hir fyre,
As sche that has nane uthir rent nor hyre,
Bot with hyr rok and spinning for to thryffe,
And therewith to sustene her empty lyffe,
Hir day work to encres, or sche may se
Thartyll ane part of the nycht ekis sche,
And at the candyl lycht hir handis tway,
And eik hir pure damesellis as sche may ;
Naithly exerces for to wirk the lyne,
To snoif the spyndyll, and lang thredes twyne,
Quharby sche micht sustene hir powerte."
Douglas, JSneid, Book 8.
William Scott is Baron Bailie of the Regality
of Hawick. — lb.
The Tolbuith is stated to be ruinous. — lb.
The Scottish Parliament pass an Act ratifying
and confirming all the posessions of Anne Duchess
94 ANNALS OF HAWICK. [1694.
of Buccleuch, including the Burgh of Barony of
Hawick. — See Appendix, Notes 8, 9. (The Barony
had passed from the Drumlanrig to the Buc-
cleuch family after 1669.)
Walter Ruecastle is fined by the Bailies ^50,
" for calling the Regal Bailie ane false judge,
and saying that seeing he was neither in his own
house, nor in the seat of judgment, he might not
only whistle words at him, but also exchange
blows and cuffs ; and for having fallen upon the
said Bailie and rugged and rave the hair off his
head ; Walter is further ordained to go to the
stocks, and therein to continue during the said
Regal Bailie his will and pleasure." — Council
Records.
Two persons are fined for violently, and in
wrath, struggling with each other, and ane of
them thrusting the other over the studie stocke.
—lb.
Walter Scott's wife being found guilty of steal-
ing " ane little new pan ; ordained by the Bailies
to go to the stocks, and remain there till Thurs-
day first, and there, in public market time of day,
sit at the Crose for two hours with the pan about
her neck, and pay i?20 for such ane notorious
theft; 1 — lb.
169 4.
The Skinners and Glovers are incorporated by
an act of the Town -Council. — lb.
1694.] ANNALS OF HAWICK. 95
Walter Scott, of the sort of Scotts of Rober-
towne, commonly called the Butterman, binds
himself and wife instantly to leave the town, in
case at any time thereafter the least stooth, " if
but the worth and value of ane horn spoon, be
laid to our charge and proven.'" — Council Records.
" Two persons admitted burgesses gratis, in re-
spect they went out as militia hired men for the
said town." — lb.
" The Town-treasurer gives in his account of the
levy-money for the soldiers in 1694, for 252 men
within the town of Hawick, and 8 men out of
Flex, amounting to i?386, 6s. Scotts, and which
sum was necessarily and truly debursed by him,
for hiring and fully outreiking of the said soldiers."
—lb.
" Bailie Richardson settles his account for all
that he has paid for the town's use, for great bell,
little bell, steeple, and tolbuith, and all other
things, being ^38 : 19 : 6 Scots."— lb.
" The bailies approve of ane little hand-bell for
the use of the town, and allow the burgesses to
pay six pennies Scots (a halfpenny) for each time
the same goes through the town." — lb.
The Council enact, " that every person who
stented themselves for founding and casting of
the great bell of new again (when it was rent and
96 ANNALS OF HAWICK. [1694.
of new founded in 1693), should be enrolled, and
what every one paid, being as follows. And that
the bells, neither the great bell nor hand dead
bell, should go or ring for no other person, neither
in town nor landward, but those and their heirs
and successors who have paid.
Francis Gladstains of Whitlaw, gave
timber for building of the tolbuith,
and mounting of the steeple where Scots money.
the bell hings, to the worth of £40
Goldilands, elder, .
Goldilands, younger,
James Deans, present baylyea,
Patrick Richardson, present baylyea,
Walter Gladstains, town-clerk,
Wm. Scott of Harwood, apothecary,
Walter Purdholm, late baylyea,
James Scott, Ormiston, late baylyea,
Wm. Layng, late baylyea,
Robert Olypher, cordiner, .
Alexander , taylyor,
John Trumble, candlemaker,
James Scott, litster, late baylyea, .
Robert Wright, late baylyea,
Francis Elliot,
Walter Graham, merchant,
John Scott, Ormiston, ,
Thomas Waugh,
Robert Scott, candlemaker,
John Scott, carrier, called soldier,
Robert Allan, cordiner,
3
4
4
4
4
4
4
4
4
4
4
4
3
3
3
3
3
3
3
3
3
12
1694.]
ANNALS OF HAWICK.
97
Scots money.
Robert Trumble, weaver,
. £3
John Scott, taylyor,
3
Andrew Jirdin, weaver,
3
Michael Trumble, couper,
3
Adam Roucastle, merchant
. 3
Walter Layng, do.
3
Thomas Briggs, flesher,
3
Walter Trumble, at the Ec
ist Port, 3
William Scott, late baylyeE
S . 2
Walter Gladstains, wright,
2
Robert Brown, merchant,
2
16
James Ohisholm, laird,
2
Wm. Patterson, merchant,
2
Walter Gladstains, taylyor.
. 2
John Tudhope, flesher,
2
John Scott, shoemaker,
2
William Rutherford, weivei
2
William Trumble, merchan
t, . 2
Walter Olipher, do.
2
James Weims, do.
2
John Aitken, carrier,
2
William Aitken, do.
2
Robert Hardie, merchant,
2
William Scott, merchand,
2
John Binnie, taylyor,
2
16
James Halyday, flesher,
2
John Weillands, baxter,
2
8
Robert Scott, flesher,
2
Andrew Trumble, mason,
2
Wm. Garner, gardoner,
2
Thomas Lun, merchant,
2
.98
ANNALS OF HAWICK.
[1694.
Thomas Scott, laird,
Patrick Briggs,
Henry Haly burton, wright,
Walter Scott, smith,
Andrew Clarke,
Robert Pasley, cordiner,
John Swan, elder, weaver,
John Swan, younger, weaver,
Robert Scott, carrier,
John Scott, carrier,
George Scott, merchant, called greina
John Scott, smith,
William Douglas, merchant,
John Gladstanes, carrier, .
Robert Cowan, wright,
Wm. Gladstanes, taylyor, .
Maryon Burne, widow,
James Patterson, merchant,
Wm. Veitch, wright,
Andrew Pourteous, shoemaker
Henry Hardie, merchand,
Walter Wilson, do.
Walter Howison, baker,
John Heart, glover,
Robert Douglas, shoemaker
James Scott, smith,
John Shein, fisher,
Mrs Elliott,
Adam Brown, weaver,
John Trumble, couper,
John Purcell, wright,
Scots money.
£2
10
10
1 10
1 8
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1 16
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1 10
1694.]
ANNALS OF HAWICK.
99
Scots money
John Briggs, flesher,
i?l 10
John Hardie, maltman,
1 10
John Garner, gardener,
1 10
George Renwick, flesher,
1 8
William Ellote, Sandbed,
I 8
William Ainsley, heckler, .
1 10
Thomas Briggs, younger, weaver, .
1 10
John Tynlin, weaver,
1 10
Robert Scott, laird, shoemaker,
1 10
Stephen Greenshiells, weaver,
1 10
James Newbie, officer to the sheriff,
1 10
Patrick M'Lellan, gardener,
1
George Scott, wright,
I 4
John Scott, called herd,
1 4
John Stewart,
1
James Wilson, carrier,
1
Robt. Robson, carter,
1
James Riddell, merchant, .
1
Andrew Simpson, do.
1 4
John Tudhope, wright,
1 4
Thomas Scott,
1 4
George Deans, skinner,
1
Elizabeth Burne, widow of Wm. B
urn-
field, chirurgeon,
1
Andrew Scott, wright,
1
Robert Scott, cordiner,
1 4
James Hardie,
1
Walter Anderson, flesher,
1
Francis Gladstains, wright,
1
Thomas Wilson, flesher,
1
James Waddell, glover,
1
100
ANNALS OF HAWICK.
[1694.
Scots
money.
Robert Scott, wright,
£1
4
James Gladstains, late baylyea,
1
Andrew Hart, maltman,
1
Robert Scott, merchant, called Pop
e, 1
4
Simon Mack, carrier,
1
Alexander Scott, town-officer,
1
James Scott, Colifert carter,
1
4
Wm. Douglas, carrier in Kirkwynd
I
James Lun, weaver,
1
Robert Scott, thatch er,
1
John Swan, weaver, called Nuckle,
1
Andrew Clark, carter,
1
Andrew Brown, weaver,
1
4
Andrew Turnbull, couper, .
1
Gideon Garner, gardener, .
1
John Jollie, weaver,
1
John Blyth, weaver,
1
Andrew Dods, weaver,
1
William Swan, weaver,
1
John Hardy, younger, maltman,
1
Walter Weims, merchant,
1
William Brown, weaver,
]
John Olypher, weaver,
1
James Simpson, merchant,
1
Walter Reucastle, carter,
1
Adam Briggs, weaver,
1
Wm. Taylyor, carter,
14
John Trumble, carter,
14
Wm. Haswell,
12
James Scott, pedee,
14
Widow Tudhope,
14
1694.]
ANNALS OF HAWICK.
101
Scots money.
John Scott, taylyor, . . £0 14
Wm. Scott, taylyor, . . 14
John Monroe, . • . 14
Christian Scott, . . . 14
Robert Wilson, carrior, . . 14
Robert Douglas, carrior, . . 14
Bessie Swan, merchant, . . 14
Agnes Riddell, relict of James Bryden,
merchant, . . . 14
Ned Kerr, merchant, . . 13
Beatrix Trumble, relict of James Boyd,
baxter, . . . 14
Thomas Purdom, litster, . . 12
Simon Wright, under-millner, . 12
Walter Riddell, taylyor, . . 14
Jane Forrest, . . . 14
Wm. Gladstains, . . 14
Thomas Hardie, merchant, . 14
David Rutherford, mason, . 14
John Douglas, workman, . . 12
•John Tait, gardener, . . 14
Wm. Stewart, taylyor, . . 12
John Briggs, weaver, . . 14
William Rodger, pedder, . . 12
John Moor, carrier, . . 14
Thomas Hewison, workman, . 14
Walter Henderson, cassayer, . 17
Francis Scott, weaver, . . 14
Adam Trumble, taylyor, . . 12
Thomas Beattie, pyper, . . 14
Patrick Hardie, carrior, . . 14
Scots money.
£0 14
14
16
14
14
12
102 ANNALS OF HAWICK. [1695.
James Wight, weaver,
John Stewart, dyker,
James Huntlee,
James Greinsheills,
Joan JBennet, relict of umquhil Wm
Swan, weaver,
Robt. Olypher, shoemaker, elder, .
" Total, £26, 15s., sterling."
1695.
" Walter Henderson, cassaer, admitted burgess,
whose fee of admission was paid by cassaeing of
the meikle guttur stone cas/" — Council Records.
" The officers are ordered to banish Elizabeth
Miller (convicted of theft) out of the Ports of the
town, and ordained to discharge, by toucke of
drum, all persons from harboring and resetting
her, for ane night, day, hour, or moment, under
the pain of ^lO."— lb.
" Agnes Scott is convicted of given Eobert
Scott blood, by thrusting her hand in his mouth,
and ryveing out of his cheiks." — lb.
1696.
" The council resolve, that no eild nolt be found
at any time within the infield, until ance the hail
corne be cut down, shorne, and covered within
the barn-yards, and neither horse nor nolt be
found out in the night, after day-light, and no
1697.] ANNALS OF HAWICK. 103
person, young nor old, be found gathering or
pulling of their neighbours peise, under the pain
of 40s. Scots, toties quoties." — Council Records.
" Item, that no person bum any peise sheaves,
or inbring into house, barnyards, or sets any sort
of come or grain after daylight passing, or steills
their neigbours peats, green kail, or other goods,
under the pain of fining, sitting at cross, and
banishment out of the liberties of the toun." —
lb.
1697.
" Two females are convicted of stealing great
quantities of ale, sometimes turned, sometimes
working in the fatt, at groats and six pennies
Scots per pint. r> — lb.
Two females, found guilty of theft, are ordered
" to be taken out of the irons and tolbuith, and
publicly whipped and scurged thro the hail town
in the market day, and at the east end of the
town to be brunt on the chiek with the letter H,
and thereafter to be banished the town by touck
of the drum, which was instantly done. Persons
harbouring them are not only subjected to a fine,
but are to be reputed socii criminis (accomplices),
and so liable to undergo the same or like punish-
ment that they have this day suffered " — lb.
(This barbarous sentence was illegal, the
statute 1689, c. 13, having enacted, that using
torture without evidence, or in ordinary crimes,
is contrary to law. Torture was not abolished
104 ANNALS OF HAWICK. [1698.
in all cases, however, until 1709, by the statute
7th Anne, c. 20. It is mortifying to find the
legality of torture assumed as undoubted in Scot-
land. Mr Hallam proudly boasts that it never
was legal in England.)
" Robert Black, milner, in Hassendean, is
fined for selling insufficient humil corne mens. 1 " 1 —
Council Records. — There are many similar cases.
A person is convicted of stealing " ane laced
pinner from the spouse of Eichard Myles, pirri-
wigg maker? — lb.
" Paid 28 shillings Scots for ale, drunken by
the soldiers that were taken down to Jedburgh,
and their attendants, at their taking of horse, and
bon-valeP — lb.
The council resolve " that James Scott and
three others should be incapable of bearing any
public charge within the said town in time
coming, either as bailies or councillors, in respect
they were instrumental abettors and hounders
out of the last illegal election in October 23 last."
— lb.
1698.
" The diet against Robert Hardie is continued
until ane inspection be taken, whether the town
or regall officer was the first attacher." — lb.
" Andrew Clark, carrier, is fined for carrying
1699.] ANNALS OF HAWICK. 105
the ground (soil) off the common, and mucking
the arable land with the same, contrair to all for-
mer practicque in the said town. — Council Records.
1699.
Various persons are fined " for breach of the
proclamation of His Majesty's Privy Council,
against regrating of victuals and forestallers."
The grain sold was bear, and oats, and, in one
instance, wheat. — lb.
" The sum of £4< Scots ordered to be paid to
the town's officer for his common riding coat,
to be defrayed out of the first ready money that
can be had out of the burgess money. 11 — lb.
(This and other entries shew that the burgh had
not at this period any revenue from their lands.)
" April 7. — The quhilk day, the bailies and
town council of this burgh, taking to their serious
consideration, and merciful commiseration, the
very sad caise and lamentable condition of many
indigent and distressed familys and persons
within the said town, in this time of so great
scarcity, and extreme dearth, and that the same
are daily upon the growing hand, by the frequent
confluence and thronging in upon the said town
of many mendicating persons and familys from
landward, and of their being sheltered within the
same, by at least hiring, or making ane fashion
of hiring, of houses to dwell therein, whereby the
awncient poore of the said burgh, to their utter
106 ANNALS OF HAWICK. [1699.
ruin, are altogether frustrated and disappointed
of the ordinar free and gratuitous contributions
of their Christian and charitable neighbours,
which, with the blessing of Almighty God upon
the said acts of charity, was ane great pairt of
their substance and livelihood: Do, therefore,
enact, statute, and ordain, that no other toune
or landward heritor of tenements and houses
within the said burgh, under whatsomever colour
or pretext, for short space or long space, maill,
or maill free, set, let, or hire any of their houses,
high or laigh, back or fore, to any families or
person, strangers, whatsomever, without the first
acquainting the present Magistrates therewith,
to the effect timeous tryall and inspection may
be taken, whether such families or persons can
live and subsist upon their own, without being
troublesome and burdensome to the said incor-
poration : Certifying all persons that shall happen
to contravene this act, and do on the contrair,
shall lose their house rents so set, and be fined
likewise in «s?10 Scots, toties quoties, by and
attour the expelling instantly out of the liberties
of the said toun the said persons and families,
strangers, as said is. Likewise ratifies ane for-
mer act, dated in 1696, discharging all town and
landward heritors to resett or harbour, or yet to
sett or hire to any person who is in mala fama,
or under ane evil report, any of their said houses,
certifying to those who shall do on the contrair,
that they shall be looked upon as socii criminis
(accomplices), and consorters with idle, vagabond
1700.] ANNALS OF HAWICK. 107
persons, and, besides the loss of their house rents,
shall be fined 0P2O, toties quoties. — Council Records.
" Thomas Howison, merchant, is fined for fore-
stalling two bolis of beir from the Lady Newtoune,
and ane from Gladstanes. 11 — lb.
u James Weins, merchant, is fined, conform to
the acts of the commissioners appointed within
the shire for regulating the price of victual, for
selling five or six stones of oatmeal at 36s.
(Scots) per stone, and ordained to pay the buyers
the surplus which he took above the act. — lb.
(This enormous price proves the severity of the
famine.)
" Gedeon Scott of Falnash, regal bailie to the
Duchess of Buccleuch, for her interest, and the
bailies, appoint stent-masters, to cast on the sum
laid on the town of Hawick as unfrie traders, by
the act of the Committee of Parliament. 11 — lb.
Bailie Graham is empowered to compear before
the Lords and other commissioners of unfree
traders, and there to renounce the benefit of the
act.
1700.
J. and N. Gladstains found guilty of stealing
peats and strae, are sentenced to stand at the
crossefor a season, and be banished the town. — lb.
" Ane murt lamb skin is stated to be hardlv
108 ANNALS OF HAWICK. [1700.
worth two shillings Scots, and the stealer thereof
ordered never to be seen in the town." — Council
Records.
" Robert Cowan, for breach of the fair, in
throwing of ane stoupe full of wine, and striking
at William Atkin, is fined ,£100 Scots.— lb.
" The town's piper, for his nicht revelling, in
going on the fair nicht playing with the great
pipe thro the haill towne, is fined i?100 Scots."
— lb.
" 20th June. — Four Hawick fleshers are fined
£4:0 Scots each for forestalling the sheep market,
by buying of sheep and lambs, and instantly, for
gain, reselling them to the butchers of Jed-
burgh."— 75.
The public sheep market is stated to be in the
Sandbed, now Teviot Square. — lb.
" June 27.— A Fair day."— lb.
" The said day, John Gladstaines, at the East
Port, freely and ingenuously confessed that he
had stolen and surreptitiously taken away this
year, out of his extreme necessity, from Galalaw,
three load of pitts ; As also, his son William did
freely confess the taking away from Mr Robert
Cunningham, minister of Wilton, three burdens
of oat straw out of the stacke yaird ; In respect
1700.] ANNALS OF HAWICK. 109
whereof the bailies find them guilty of the pettie
theft, and order them to underlie the punishment
due to such like persons in such like cases ; which
is to stand at the cross for a season, and be
banished the town and liberties thereof."
(Looking to the awful famine which overspread
the land, this sentence was much too severe.
Indeed the punishments inflicted were generally
excessive. Thus, the town piper is fined i?100
Scots, a great sum in these days, and equal to
five or six years salary, for a petty offence. It
is probable that the fines were often unpaid,
owing to the poverty of the parties, and became
the subject of compromise. The practice of im-
posing a fine payable to the bailies, in addition
to that payable to the burgh, was highly repre-
hensible, yet it was probably common in these
times, at least in Inferior Courts.)
" Wee, John Cochrane, an auld lame tall black
man, with some grey hairs in his heid, lame in
both elbows, and having ane cut in the brow, and
David Anderson, about 1 6 years of age, from the
Canongate of Edinburgh, of ane little statur,
wanting an ey, being imprisoned on suspicion of
theft, engage never again to be seen, by night nor
by day, within the Burgh of Hawick, or liberties
thereof, or Shire of Tiviotdale ; and if they do on
the contrair, they consent to be branded with ane
hott iron on the face, and be furthar punished as
vagabond robbers and theffs." — Council Records.
(In the Justiciary record already referred to,
110 ANNALS OF HAWICK. [1700.
several parties convicted at Jedburgh of theft,
and other crimes, are adjudged to be burnt on
the cheek with the common burning iron of the
Burgh of Jedburgh).
Bailies since 1690, William Scott, James Deans,
Patrick Richardson, Walter Gladstains, wright,
Robert Rewcastle, Walter Graham, and John
Binnie, — Walter Gladstains, Clerk. — Council Re-
cords.
James Scott, Stobitcote, " is fined for fore-
stalling of the public market, by buying of ane
lamb from the servant of James Ogilvie in Branx-
holm for 25 shillings, and sold it again to ane
flesher of Jedburgh for 28 shillings Scots." — lb.
January 11. — A criminal Court is held by
Walter Elliot, Bailie, substitute of Gideon Scott
of Falnash, Bailie of the Regality of Hawick, and
Lordship of Whitchesters, Branxholm, &c, per-
taining to the Duchess of Buccleuch, when the
offender, who had been ten days in irons, was,
after exposure in the market-place, banished from
said Regality, and all other bounds of Regality,
Barony, &c. within the Kingdom pertaining to
said Duchess. — lb.
April 11. — The Rev. Robt. Cunnyngham, is mi-
nister of Wilton. He was afterwards appointed
Minister of Hawick. — See Appendix, Note 11.
1701.] AXNALS OF HAWICK. Ill
The Sandbed or Sands, now called Teviot
Square, was the market-place.
1701.
Freemen prohibited from instituting prosecu-
tion for debts in any other than the Bailie Court,
except testat goods. — Council Records. (There
are several prosecutions for violation of this act
of Council).
March. — All owners of cocks and hens are or-
dained to clip their wings and toes instantly, un-
der the pain of five grots, toties quoties, besides
damages to the party damnified. — lb.
The Burgh is at this date owing £96 Scots,
contracted partly for covering the steeple with
lead, and repairing the two bridges, and other
common uses of the Burgh ; and " now for mend-
ing of the knocke, and putting her to chop again
after she had stood dumb and mute for 13 yeiris
time or thereby ," the Council lay on an assess-
ment by 4 classes. — Council Records. That is, an
assessment regulated by the abilities of the
parties to pay it.
Patrick Freeman depones, " that the officer of
the Bailies was the first attacker of him and his wife
for their disorderly marriage, and going over the
Borders in England to marry without the bans
of proclamation, and did summon them to that
112 ANNALS OF HAWICK. [1702.
effect, first before the officer of any other Court."
— Council Records.
" The Bailies finding the Town-Council to be
very weake, and the Town's affairs for the time
very urgent, and it being absolutely necessary for
ane additional number of very honest men, did,
with consent of ane part of the Council, bring in
and add to the old Council six personnes, making
in whole 18, besides the Bailies, Clerk and Trea-
surer." — lb.
1702.
Sixty Burgesses vote at the election of Bailies
this year. — lb.
" The Council agree with Francis Henderson,
that he shall keep the Town's knocke in the
steeple (that is the church steeple) in ane good
going and sufficient case and condition, without
cracke or flaw for knocking and choping hourly
night and day during the haill space, days, yeris,
and terms of his being in health and life, and re-
sidence within ten miles of Hawick, and to pro-
vide all iron work and steel therefor, for which
he is to be paid £6 Scots yearly.'" — lb.
" H. Hardie is fined in ane gross immorality,
in profaning the Sabbath Day, by tarrying, in the
time of Divine Service, in the house of Gr. Ken-
nicke, who keeps ane change. Rennicke is also
fined for keeping of him and selling him ale." — lb.
1703.] ANNALS OF HAWICK. 113
" J. Swan and W. Ley den are each of them
onlawed for being drunk upon Teusday was 8
days, conform to act of Parliament." — Council
Records.
A party is fined for steeping lint in Teviot at
the yard foots." — lb.
1703.
The town's officer, piper, and drummer, are
each allowed a new coat, costing £6 Scots each.
—lb.
Act appointing the burgesses to be stented 50
merks yearly, according to their respective quali-
ties and abilities, for the encouragement of ane
flourishing school, and able and well qualified
schoolmaster for learning and educating of chil-
dren, and for presenting in the church upon Sun-
days, and other days appointed for Divine service.
—Ib.—{Seepostea 1710).
A Cornet (standard-bearer) is elected, so far
as the records shew, for the first time ; — the com-
mon riding to take place on Friday 28th May. —
Council Records. The practice of riding the
marches is of an older date. But see postea, 1st
June 1706.
(Since the lands were enclosed and divided,
the custom of riding the marches on the last
K
114 ANNALS OF HAWICK. [1704.
Friday of May, old style, has in a great measure
fallen into disuse. The common riding is there-
fore now a mere pageant for the enjoyment of
youth. A custom still prevails, which merits
notice. Chaplets of oak, if in leaf, as is usually,
but not always, the case in the end of May, are
worn by the young men on the occasion. It may
be asked whether this* usage has been derived
from the Druids, among whom the chaplet was a
symbol of their religious belief; or from the Ro-
mans, who awarded it to their patriots —
" Rome bound with oak her patriots' brows/'
The colour captured from the English in 1514,
of which an emblem is carried on the occasion by
one of the young men called cornet, indicates a
claim to patriotism.)
1704.
M A party is fined for giving some of the bor-
der false, clipped, and counterfeit siller to James
Badie to put off, and sycklike Badie for the tak-
ing thereof, and thereby cheating of the lieges/' —
Council Records.
" The council resolve that Gideon Scott of
Falnash be spoken to anent the helping of the
dam brigs, and the port in Horslee Hills Wynd,
and siclyke, that as soon as possible the Tolbuith
be sufficiently thatched ; lykewise that oyl be
furnished yearlie for the knocke, and towes for
the bell, and pypers shoes. — lb.
1705.] ANNALS OF HAWICK. H5
Count and reckoning is made with Paterson
the casseylayer. — Council Records.
1705.
The inhabitants are prohibited from casting
peats or turfs but for their own use and burning
allenarly, and not to make sale thereof. — lb.
The inhabitants are prohibited from using any
sort of liberty on the Common, until they are
admitted burgesses. — lb.
A party is fined, conform to Acts of Parlia-
ment, for being drunk, in respect of his own con-
fession, and also for many terrible oaths he most
blasphemously uttered, and that by attestation
of famous witnesses. — lb.
A party is fined for abusing the present bailie
out of court, and avowing in court, " that he re-
pented bot that he had broken his head." — lb.
The council appointed the Common to be rid-
den on Friday, June 1. ,and elect a cornet. —
lb.
1706.
A merchant is fined for his disorderly and ir-
regular marriage ; in respect it took place at
Cornhill in Northumberland. — lb.
A party is also fined for " ane supernumerarie
marriage. — lb.
116 ANNALS OF HAWICK. [1706.
These convictions seem to have been appealed
against, as the council resolve " jointly to concur
for the defence of the true liberties and priviliges
of the burgh enjoyed for some hundreth of years
bygane, by maintaining the bailies decision. They
further resolve, that in case the bailies have been
guilty of maladministration, they should only be
liable to censure and judgment of the council
and incorporation, who are their immediate con-
stituents, and from whom they allenarly derive
their power and office of bailiary, or else to the
Lords of her Majesty's Secret Council, and to no
inferior judge or judicatory." — Council Records.
" George Scott is discharged by the council of
continuing any longer ane councillor, in respect
not only of his going to bear some office in the
Castle of Edinburgh, but for his calumniating
and speaking notour untruth of the town-clerk
behind his back, contrary to the statutes of the
town ; and by saying that he had been for thirty
years ane knave, cheat, and rascal ; and he is
further fined in i?10 for the scandal." — lb.
" The person elected cornet having declined to
carry the pennil, or colour, caused ane great
disurbance, confusion, and mutiny amongst the
otherwise civil inhabitants, even to the committing
of some riot, abusing of magistrates, and almost to
the effusion of blood ; whereupon the council di-
rected the eldest bailie to carry the same through
and out of the town, and the younger bailie to
1706.] ANNALS OF HAWICK. 117
carry it back again in and through the town,
with power to appoint any person they chose to
carry it along the Common Muir. The council
further resolved, that the young unmarried men
should not carry the same in future, unless they
petition, and are permitted by them to do so.
Farther, the party refusing to be cornet is fined
ten groats for absence from the Common riding,
and ^20 for refusing to carry the colour. — Coun-
cil Records.
John Binnie, late bailie, is found guilty of
traducing Eobert Hardie, present bailie ; and is
also fined for " breach of waird, into which he
was incarcerate, and ryveing off the lock of the
Tolbuith door, and ryveing up the daills of the
loft of the said Tolbuith." For these, and other
reasons, he is also declared incapable of being any
longer a councillor. — lb.
1st June. — " The bailies and council consider-
ing the confusions, tumults, disorders, and riots,
even to the effusion of blood, and high contempt
of magistracy, caused by the young unmarried
men and lads of the said town, who drew in ane
hostile fashion by themselves, and contrary to all
ancient custom and practice of the said town for
many generations and hundreths of years past ;
made and patched up ane mock colour of their
own, carried the same along the haill common, and
through the haill town, deriding, mocking, scoff-
ing, and laughing at the old pennil (pennon) and
118 ANNALS OF HAWICK. [1706.
bearers and carriers thereof ; menacing, threaten-
ing, and with many intolerable, injurious, and op-
probrious words and speeches, publicly abusing the
bailies, town-council, and other honest burgesses,
their faithful adherents, conform to their burgess
oath, not only by deriding, mocking, and scoffing,
and abusing the said bailies the foresaid day at the
riding of the common marches, but also upon the
morrow thereafter, by crying themselves, and
hounding others to say publicly, and loudly to
hollow out at windows, and to hout the bailies
when passing by in the streets about their own
necessar business and negotiations, and all this
done by these persons, or others by their influ-
ence hounding and sending out of others for that
effect. In respect whereof, and that it was vi-
sible and notoriously known to the most part, if
not the haill inhabitants of the burgh, that in
the very instant of time when Baylyea Hardie
was to mount upon horseback, and carry the said
pennil, according to statut and ordinance, they,
and others their associates, came publicly upon
horseback in ane threatening manner, with ane
buit to carry the staff or standard in, and of-
fered to gripe at and carry the said colour. As
also, in regard that they did not only carry the said
mocke colour through the Common Muir and
town, and intended, if not disuaded by peaceable
burgesses, with their faction and associates to
proceed and go before through the haill town
the bailies, town-council, and other honest bur-
gesses, contrary to all former ancient practice ;
1707.] ANNALS OF HAWICK. 119
they were ordained to remain in prison till they
found caution for their better and more peace-
able behaviour in future." — Council Records.
8th and 17th June. — " The quhilk days the
bailies having called together the council, anent
the letters of suspension and charge to set at li-
berty, brought out against them at the instance
of the above parties ; it was put to the vote of
the council, whether or not they would adhere
to and back the bailies in discussing the said
letters of suspension before the Lords of Council
and Session ; when the council, by a great ma-
jority, resolved to do so." — Council Records.
1707.
The benefit of the Act of Grace allowed to two
persons. — lb.
The council allocate the two front seats in the
steeple loft to the bailies and council in all time
coming. Intruders are afterwards fined. — lb.
May {). — " The said day the bailies and coun-
cil did unanimously agree, that ane new colour,
standard, or pennil, should be bought, and be in
readiness at the next ensuing Common riding ;
in respect the old ane was altogether torn and
useless, and to that effect to uplift and take of
the readiest burgess money."
Ditto. — " It was statute, enacted and ordained,
that no person or persons, either burgesses, free-
120 ANNALS OF HAWICK. [1707.
men, nor unfreemen, residenters within the said
burgh, young nor old, should presume or take
upon hand, under whatsomever colour or pretext,
to transport or carry any other colour, pennil, or
standard, either within the town or through and
about the meiths and marches of the Common
Muir and pasturage thereof, at the Common rid-
ing first, or at the Common riding in any time
to come for the future (except allowed by the
bailies successive for the time, and town council
of the said burgh), and that under the pain and
penalty of ^20 Scots, toties quoties, by and at-
tour imprisonment during the bailies' will and
pleasure, and the parents to be liable for their
childer's fines and onlaw." — Council Records.
May 21. — " The said day, notwithstanding
of any former acts to the contrary, the bailies
and town council did statute, enact, and ordain,
that Alexander Young should furnish, upon his
own proper charges, oyle for the knocke, and
cords for the bell, and in consideration thereof,
he should pay nothing inward to the town for
tolling of the bell at landward burials. — lb.
May 30. — " The said day, Eobert Eoucastil
and Robert Brown, the two present bailies, with
the town council, did ride the meiths and
marches of the Common, and George Deans,
merchant, was the first that carried the new
pennel, standard, or colour, which being bought
by Bailie Mertine at Edinburgh, cost (the money
1707.] AKNALS OF HAWICK. 121
being paid out of the burgess money by Bailie
Eoucastill) the prices after mentioned, viz. : —
Imprimis, for three ells of silk, at 44s.
per ell, . . . £6 12
Item, for 8 ells of ribbon, at 3s. per ell, 1 4
Item, for other 2 ells of ribbon, at 5s.
per ell, . . . 10
Item, for 6 drope of silke, . 12
Item, for making of it, . 116
Scots, ,£10 14
The last day of May 1 707. — " The town council
being fully met and convened, did take into their
serious consideration the public undeniable and
unaccountable abuse that, to the great offence
of the haill town and country round about, was
committed yesterday at the riding of the Common,
by Robert Roucastill and Robert Brown (the two
bailies), their striking at others horses with their
whips and staves, did instantly fine, onlaw, and
amerciate each and ilk ane of the said two in £25
Scots, payable at Michaelmas next, for the use
and behoof of the said town ; and, for that effect,
to give their bond to John Scott, tailor, and
town treasurer, which accordingly was done. —
Council Records.
" John Scott, elder, called Soldier, and John
Scott, younger, his son, were fined, onlawed, and
amerciate each of them in ten pounds Scots, for
violent putting, thrusting, and expelling, under
122 ANNALS OF HAWICK. [1707.
cloud of night, being about eleven hours at night
of Wednesday night, being the day of May
current, the horses pertaining to William Aitken,
younger, out of the stable which he had taken,
was in peaceable possession of, and paid mails
for, and that contrair to all law, justice, right,
and reason, and that in respect of both their
compearance, confession, and coming in will." —
Council Records.
" The said day, Walter Deans, carrier, was
onlawed in i°5 Scots, for summoning of Adam
Thorbrand to Jedburgh Court after the summons
was tabled and called in Town Court." — lb.
Aug. 1 . — " The said day, John Scott, glover,
was onlawed for deriding and mocking the bailie
in respect of his compearance, confession, and
coming in will." — lb.
" The said day, upon ane missive letter from
the laird of Gladstains, the bailies and council
gave liberty to him to cast, win, and lead some
divots off the common." — lb. (The estate of
Gladstaines, belonging to Gladstaines of that ilk,
(a race now extinct), evidently at a short distance
from the town, has undergone a change of name,
and it has not been discovered what lands it
comprehended. The lands of Humelknowes seem
to have been a part of it.)
" David Young is fined for contumacy, in not
1708.] ANNALS OF HAWICK. 123
compearing when cited, for saying in ane open
session, where he was cited for immoralities, that
there were some (as is alleged) in the said session
as guilty as he was." — Council Records.
" The bailie is directed to pay the town clerk's
wyf 48s. Scots, which was taken on in the bailie-
ship of the deceased Patrick Richardson and
Bailie Hardie.
" The bailies are to see her paid £6, 10s.
Scots, expended and taken on upon 6th Feb.
J 706, being the Queen's birth-day." — lb.
1708.
Two persons are sent to prison for disturbing
the bailies and council when sitting upon the two
front seats of the steeple loft, and fined i?10
Scots. — lb.
The council pay 200 merks Scots for the
timber work of the steeple loft in the kirk of
Hawick, conform to an act of the Presbytery of
Jedburgh. — lb.
1710.
The burgesses are divided into four classes,
and assessed in 8s., 6s., 4s., and 3s. Scots (per
head), to pay Bailie Layng 50 merks for build-
ing said steeple loft. — lb.
The council are sued before the regal bailie
for said 50 merks, and interest, which last was ob-
jected to. — lb.
124 ANNALS OF HAWICK. [1710.
The heritors of the parish, in terms of the Act
1696, impose on themselves, apparently for the
first time, a stent of 200 merks yearly, as the
salary of a schoolmaster. The obligation to this
effect (dated 25th August 1710, &c, and recorded
in the books of Council and Session, 13th Sept.
1711) recites, that there was then no " com-
petent salary provided for a schoolmaster in that
place, to the great detriment of the inhabitants
of the town and landward parts of the parish,
although this town is ane of the most convenient
places for a school in all the country, and at a
great distance from Jedburgh and Selkirk, which
are the nearest schools to this place."
The deed confers the right of patronage of the
school, in all time coming, on Her Grace the
Duchess of Buccleuch and her successors in the
barony, but this was plainly irregular.
The Magistrates and Town Council, " for the
greater and better encouragement of any suitable
well qualified person or persons, to officiate suc-
cesive in time coming hereafter, as schoolmaster
in the said town and burgh of Hawick," grant
bond for payment of 50 merks Scots yearly to
the said schoolmaster in all time coming.
The bond (dated 5th Sept. 1710, and recorded
in the books of Council and Session, 13th Sept.
1711) is granted by James Burne and James
Scott, present bailies, Robert Ruecastle, Walter
Graham, Robert Hardie, George Mertene, and
Robert Brown, late bailies; Patrick Angus,
1710.] ANNALS OF HAWICK. 125
merchant, John Weillands, baxter, William
Gladstanes and John Scott, tailors, Walter
Scott, shoemaker, John Scott, smith, Andrew
Girden and William Swan, weavers, and Walter
Wilson, merchant, town councillors of said burgh,
being apparently the whole members of the cor-
poration. — Council Records.
Mention is made of the King's Common Street
that leads from the Town-head Port of the town
of Hawick to the Walliegate. — lb.
The bailies, in a reference, regulate the right
to sittings in the websteri loft of the Church of
Hawick. — lb.
Valuation of the lands in the parish of Ha-
wick at this date : —
Scots money.
Duchess of Buccleuch, ' <£ 7608 14 4
Gideon Scott of Falnash, . 1217 6 8
Margaret Elliot of Harwood, 866 13 4
Michael Andison of Tushielaw, 540 13 4
Andison of Rashiegrain, 270 6 8
Walter Scott of Crumheugh, merks, 400
John Gladstains of Flex, for
Flex, and Meikle and
Little Whitlaw, . do. 400
Francis Scott of Horsleyhill, for lands
ofWeensland, . . .£264
Walter Gladstains of Hillhouse-
land, . . merks, 100
126 ANNALS OF HAWICK. [1711.
Scots money.
Walter Paterson of Burnflat, <£40
Robert Cunningham, minister of
Wilton, for lands in Hawick, 86 13 4
Proprietors of Particates in Hawick, 97
Bailies since 1700. — John Binnie, Robert
Hardie, G-eorge Mertine, Walter Grahame,
Patrick Richardson, Robert Ruecastle, Robert
Brown, James Burne, and James Scott. — Council
Records.
1711.
A party being admitted burgess, his burgess
money is given over to the clerk, who is now
and then in custom to get ane burgess compli-
mented over to him. — lb.
Died, Alexander Orrok, parish minister. —
See Appendix, Note 10.
1712.
Robert Cunningham is translated from Wilton
to Hawick. He died in 1724. — See Appendix,
Note 11.
A party is fined " for breaking the ground
in that part of the common called the Haugh
and Sandbed, at the foot of Church-wynd, by
digging, delving, and bigging of ane dyke there."
— Council Records.
1713.] ANNALS OF HAWICK. 127
1713.
John Watson, writer, and regal clerk of the
regality of Hawick, is admitted a burgess. —
Council Records. He died in 1 720.
Liberty is granted by the council to cast bakes
out of any mosses at the Common, except Win-
nington, Whitchesters, and Leonards. — lb.
The bailies entertain a process of riot and
assassination at the instance of Alexander
Buchan, surveyor, gadger of the ale within the
town of Hawick and district thereof, against John
Kerr, servitor to Walter Pringle, icalker, in
Rouch-heuch. — lb.
A flesher is fined, conform to Act of Parlia-
ment, for bringing in ane insufficient deceased
carcase of beef, being dead in the country before
it came into the town. — lb.
Mr Crawford is minister of Wilton. — See Ap-
pendix, Note 12.
1715.
Hawick is described by Paton, in his History
of the Insurrection of 1715, as a poor market
town, belonging to the Buccleuch, at whose house
the English Lords, with their relations, took up
their abode.
The act of council, dated in 1640, is renewed,
128 AKNALS OF HAWICK. [1715.
and burgesses ordered " to help and mend the
channels and caissays from their respective fore
doors, upon each side of the street, to the tope
or rigging of the cassey." — Council Records.
1 7th May. — The common riding was appointed
and voted to be on 3d June, in respect the month
of May was cold, rainy, and windy. — lb.
" The council appropriate 5 merks for the help
of the mail of a house for an English school.
The other half to be paid by the kirk session
thereof:— lb.
" Item, that ane man and horse be hired to
carry sand to the repairing of the bridges.
" A party is fined for breaking of the marches
betwixt the propertie of the Duchess of Buccleuch
and the commontie at the Woolee gate? — lb.
" The common mercat crose, with its appen-
dages, are ordained by the council to be helped,
mended, and repaired, at the expense of the
burgh:— lb.
" William Bell is fined for casting of peats and
turffs in the common moss and mure, being not
ane burgess:" 1 — lb.
It was voted that R. Eewcastle, late bailie,
should have the custody of the charter little chest,
and that James Scott, late bailie, should have
1716.] ANNALS OF HAWICK. 129
one of the keys thereof, and Walter Purdom the
other key. — Council Records.
(There are many similar entries of an earlier
date.)
1716.
The whole burgesses are charged to attend the
bailies, for the purpose of carrying away the bag-
gage of the English dragoons to the town of Lau-
der. Kecusants are fined £\0 Scots each. — lb.
Several parties are fined for refusing to carry
the length of Lauder, upon their horses, the lug-
gage pertaining to Pilstowtfs Regiment of foot,
last week, when they were peremptorily charged
for that effect, and also promised by the officers
of the said regiment reasonable satisfaction and
payment for each horse, which accordingly they
did perform and pay to those that went along
with them. — lb.
A party is fined for disobeying the bailies anent
the quartering and billets given for the said Pil-
stown's Regiment last week. — lb.
" Several parties are fined for misdemeanours,
riots, and bloodshed at the annual boon-fyr, on
the west side of the Water of Slitrik, on Mid-
summer Saturday, (being this year on the 11th,
another entry says 25th June), in that part
called the Common, (now Hawick) Lone." — lb.
This festival, originating at a period when the
130 ANNALS OF HAWICK. [1717.
inhabitants worshipped the sun, was in Scotland
generally celebrated on the first of May, called
Beltein. Jamieson remarks, that " in Ireland
Beltein is celebrated on the 21st June, at the
time of the solstice." It was meant in honour
of the sun, to solicit its " protection for shep-
herds and their flocks," and probably to invoke
its return in a future year, — the Scottish word
bone signifying a petition, a prayer, as in old
Gawyn Douglas quoted by Jamieson, —
" And lukand up wart to wart the clere mone,
With afald voce thus wise he made his bone." 11
In recent times the custom had degenerated
into a scene of such rude contention for superi-
ority between the inhabitants of the opposite
sides of the Slitrig, that the Magistrates were
obliged to suppress it as dangerous to the public
peace. Thus too, in 1792, in a let of the burgh
lands, the tenant is expressly debarred from al-
lowing " any bonefire to be burnt on said haugh ;*
and the customary arena being about the same
time required for buildings, it was then finally
discontinued.
1717.
" Thomas Smith, born at the Wells in the
Water of Roul, and now keeper of ane puppie
pleay through the kingdom, is fined for a riot." —
Council Records.
1718.] AXNALS OF HAWICK. 131
1718.
" The council nominate persons to take an ac-
count of what any of the inhabitants will volun-
tarily contribute for a new clock to the church? —
Council Records.
" A woman is fined ^10 Scots, for contumacy
in disobeying the bailies' command, by not per-
mitting ane stranger merchand to mark and pos-
sess his stand contiguous to hers in the fair day,
and £10 farther, for publicly abusing the bailie,
and, with her scandalous tongue, wickedly utter-
ing many oprobrious expressions against him, not
only in presence of many of the lowest people, but
also of strangers who were resorting to the said
fair."— lb.
" It was statute and ordained that it shall not
be in the power of any bailie to create, after this
day, any person burgess gratis, except it be some
gentleman or other stranger, upon and for onerous
causes. 1 ' — lb.
A party, being elected bailie, a protest was
tendered against the election, in respect he was
lying at the horn, at the instance of Ainslie,
&c.— lb.
1719.
It is ordained that whoever shall hereafter di-
vulge any thing that is proposed in the council,
by telling who was the proposer of any thing that
132 ANNALS OF HAWICK. [1720.
is laid before them, such divulgers shall be fined
c£l0 Scots. — Council Records.
A weekly stent is imposed, applicable, first, for
furnishing peats and candle to the Guard, and
what remains to be divided equally among such
as have the soldiers of the four companies of Col.
Amerongoui Regiment quartered upon them. — lb.
The council condescend to make up a new table,
with bunkers round about, in the tolbooth, and
to buy a table-cloth out of the fore-end of the bur-
gess money. — lb.
The bailies ordain, that such persons as have
free houses within the town, shall not be allowed
either fog or fuel, neither to cast, win, or lead
peats, turfs, or divots, or lead clay or mortar out
of the Common, unless they pay stent and lot as
other burgesses within the said town. — lb.
1720.
Burgesses residing out of the town, of whom
the number was considerable, are prohibited from
putting horse, nolt, or sheep on the common, which
is said; in consequence, to be overlaid. — lb.
A salary of ten shillings yearly is awarded to
the clerk, for pen, paper, and ink. — lb.
The flesher trade (then seven in number) is
incorporated by Seal of Cause from the Council. — lb.
1721.] ANNALS OF HAWICK. 133
Bailies since 1710: — Robert Hardie, James
Burne, Robert Ruecastle, and James Scott ;
Walter Gladstains, and Walter Gladstains his
son, Town-clerks. — Council Records.
1721.
The streets are ordered to be paved, and every
person to pay the sand and stones for their re-
spective interests to the Crown of the Cassey. In
the following year, these are declared to be com-
pleted, — the Duchess of Buccleuch paying the
paviour, and the inhabitants paying for the ma-
terials. Ten pence per day are paid to the pa-
viours. — lb.
" Walter Elliot, late Bailie-depute of the Rega-
lity, compliments the burgh with as much oak as
was ane ax-tree to the Great church bell. — lb.
u The drummer is allowed ten shillings yearly
and his Yuill wages. — lb.
1722.
" One pound sterling is allowed yearly to the
clock-keeper, for keeping the clock and the six
hours'* bell, (the town to furnish oyll and towes,)
besides the privilege of taking in two sume of
sheep to pasture on the common. 1 ' — lb.
The council resolve to defend the bailies against
their judgments being interfered with by the
sheriff. — lb.
134 ANNALS OF HAWICK. [1722.
The council allow John Purdom 40 raerks
Scots, or four years 1 rent of a school-house, when
he had not the liberty to teach in the kirk. —
Council Records.
The cordiners petition the council to be incor-
porated, and separated from the shoemakers, " or
those who make single-soled shoes," and their
request is complied with, under this provision,
that they shall not receive any person within the
incorporation, until they become burgesses. In
Freeman's action, in 1781, it is stated, that " the
weavers and cordiners are of a very old date, —
prior to the existing records of the burgh." It
is added, that " the skinners and glovers are very
ancient corporations, but have not been in use to
assemble as a body, or send members to the coun-
dV— Records, p. 280-1.
The council resolve that intimation should be
sent to Winningtonridge, desiring them not to
pasture on the Common of Hawick, nor none of
Sir Gilbert Eliott's tenants in time coming, with
certification that they will be pursued for intru-
sion, and their gear hounded. — Council Records.
The council entertain an application against a
party for applying to the sheriff, and obtaining
an interlocutor, whereby the sheriff discharges
the magistrates to impede or trouble him. They
farther ordain the clerk to go to Jedburgh, and
1723.] ANNALS OF HAWICK. 135
propone all defences relevant for the town. —
Council Records.
Country people are ordained to pay half-a-
crown for each time they use the town's litter,
and inhabitants who pay not stent nor lot, are to
be liable for the same price. The money to be
for the use of the town. — Ib>
1723.
The council appoint the bell-house, upon the
kirk steeple, to be taken down and rebuilt, all
ashlar work, in respect the same is turned ruin-
ous, and in danger of falling. Those only who
make contributions, to have the privilege of the
said bells. — lb.
The following entry occurs in the Treasurer s
Books : — " Due him 2s. of exchange, for tho
stirrup-leathers and girth furnished to the saddle
exposed to be run for in May last. 11 — Treasurers
Books.
June 7. — Again — " Paid Bilife Burne, to take
instruments against Stobes, 12s. Scots. 11 — lb.
Repeated entries occur in the books of sums
paid for mending the Cross.
1724.
Spent in the clerk's, being the King's (Geo. I.)
birth-day, £5, 8s. Scots. — lb.
186 ANNALS OF HAWICK. [1725.
The council resolve to " stand a summons be-
fore the Lords of Justiciary, upon their inflicting
corporal and arbitrary punishment on criminals ;
and the council under subscribing oblige them-
selves to stand by and defend the bailies and the
liberties and privileges of the town in that cause."
•ncil Records.
\arles Telfer succeeds Mr Cunnyngham
or of the parish of Hawick.
1 he council condescend that the Tolbooth shall
be entirely taken down from the foundation, and
rebuilt, and set out to the south corner of Hors-
liehills House, and to stent the town to pay 600
merks, to rebuild the same, the schoolmaster's
salary for last year being included. — lb.
1725.
The council ordain the Common to be ridden
on 27th May, and the officers and drummers to
get ribbons. — lb.
The council resolve to give £2 sterling for this
years plate, and allow the town-clerk to engage
therefor. — lb.
Mention is made of that part of the Common
called KirJcJiaugh. — lb.
1726.
" Mungo Armstrong, town herd, allowed two
1727.] ANNALS OF HAWICK. 137
summe of sheep extraordinary this year, and ane
gumme yearly thereafter, for keeping up the
shiell in the Muir." — Council Records.
The council ordain the officers and drummer
to get ribbons, and William Donaldson a pair of
shoes, for the Common riding. — lb.
1727.
The poor are supported by church collections,
and kirk-session funds, at a charge of i?22 yearly.
—lb.
" Given to William Donald, when he went to
fetch the cup for the race, £2, 2s. 11 — Treasurer's
Books.
The council ordain the weigh-house, or under
tolbooth, now possessed by Henry Orrok and
others, tacksmen of the customs, to be rouped.
— Council Records.
Walter Scott, town councillor, is degraded as
such by the council, and ordered to refrain from
the council's seat in the bailies 1 loft, in respect of
his twice breaking prison, after being convict by
the bailies of a riot, and arrested still. — lb.
1728.
The council appoint the treasurer, for encou-
ragement of the manufactory of tarrd wool, &c,
to pay any concerned £2 sterling, as the rent of
M
138 ANNALS OF HAWICK. [1729.
a house or houses " for ane year allenarly, that
shall be called workhouses, and further engage
to pay <£20 yearly to the dresser of coarse wool,
the justices of the peace giving relief, fee." —
Council Records.
1729.
The drum directed to go precisely at eight
o'clock at night, and four in the morning ; and
the bell to be rung at ten o'clock at night, and
six in the morning. — lb.
One of the largest nurseries for trees and
shrubs within this kingdom, was established in
1729 at Hassendean in Minto Parish, by Mr
Dickson, who left his establishment to his chil-
dren. They have extended it to Hawick, to
Leith, and to Perth ; and they supply plants not
only for domestic improvement, but for foreign
export. — Chalmers' Caledonia. — The trade still
flourishes at Hawick.
" The council appoint every one to pay for
burning and shealing every kill 4 shillings Scots,
— for each peck, 3 shillings said money, — 2 shil-
lings said money for each half peck, and 1 shil-
ling for each copefull. r> — Council Records. See ante,
anno 1680.
1730.
Bailies since 1 720, James Scott senior, Walter
Purdom, James Scott, called Westport Doctor,
1731.] ANNALS OF HAWICK. 139
Robert Ruecastle, John Scott, Walter Glad-
stains the second, town-clerk, Charles Telfer,
minister, Robert Chisholme and James Ander-
son, grammar-school teachers. — Council Records.
John Scott, wool comber, is admitted burgess.
— lb.
1731.
" Payed to Dauied Mintoe, for 3 lod of claye
for the well, 5s. 6d. Scots. — Treasurer's Books.
1732.
" Payed for 3 lod of lime to the Cross wynd
Port £2, 14s. Scots.— lb.
Died, Anne Duchess of Buccleuch and Mon-
mouth, aged 81, for more than 70 years superior
of the burgh. Her Grace resided occasionally
in Hawick, and paid much attention to her poor
relations in the neighbourhood. In contempo-
rary writings, she is designated " ane hie and
michtie princess. 1 "'
" She had known adversity,
Though born in such a high degree ;
In pride of power, in beauty's bloom,
Had wept o'er Monmouth's bloody tomb."
William Somerville is parish minister. He
died in 1757.
A litter or hearse is kept for hire by the burgh.
— Treasurers Booh.
140 ANNALS OF HAWICK. [1733.
" Payed what was spent that night the Cross
Port was taken down, 18 shillings Scotts." —
Treasurer's Books.
1733.
" Burgesses ordained to cast their peats in St
Leonard's, Blackgrain, and haill other mosses
within the Commonty, except Winnington moss.'"
— Council Records.
Burgesses are prohibited from pasturing more
than twenty sheep on the common, unless they
intend to winte them, or keep them till Martin-
mas. At this period, the outlying nolt appear
to have been pastured during the whole winter.
—lb.
A herd for the horses pasturing on the common
is chosen. — lb.
The council allow men and horse to the value
of ten shillings, towards building a bridge over
the ffackman's, elsewhere called Hachmei Dub>
stated to be within a mile or so from Hawick. —
lb.
The King's birth-day appointed to be kept in
the usual way, on 30th October. — lb.
"Matthew Foulden, from Jedburgh, under
notorious scandal, having taken a house in the
town, the bailies and council resolve not to receive
1734.] ANNALS OF HAWICK. 141
him as an indweller, without he produce suffi-
cient credentials and testimonials, not only from
the civil magistrates of Jedburgh, but also from
the presbytery thereof; and also resolve to take
no caution from him for his good behaviour, with-
out sufficient testimonials as said is. 11 — Council
Records.
1734.
The bailies and council grant authority to
concert with Robert Paisley, wright, " anent the
rebuilding of the bailies 1 seat (in the church) to
the best advantage." — lb.
The council find a petition from the tailors, " to
convene at six o'clock to their work, and leave
at eight o'clock at night, reasonable, and allow
them accordingly.' 1 — lb.
" The council resolve to enquire of Robert
Elliot of Medleymylne how he came to take
down the bailies 1 seat in the kirk, and by whose
allowance. 11 — lb.
1735.
A burgess ticket presented gratis to John
Scott, wool comber in Hawick. — lb.
" Resolution, that the fore seat in the bailies ,
loft in the church shall be kept clear, and none to
enter therein, until the bailies for the time, old
bailies, clerk, and treasurer for the time, first
sitt down and come in to their seats. 11 — lb.
142 ANNALS OF HAWICK. [1737.
1737.
" The bailies and council, with other old bur-
gesses, this day marched that part of the Com-
mon called Usuch ffaugh, adjacent to the Duke
of Buccleuch's interest, by setting down 8 march-
stones on the east side, and one on the west side
of the Water of Slitrig, when no objections were
made.'" — Council Records.
The back Vennel, from the Orosswynd head
to the back dam, is marched by authority of the
bailies, and march-stones placed on both sides
thereof, making the entry ten feet wide at the
straitest part. — lb.
" The well in the High Street directed to be
rebuilt, the crose and Tolbuith stair to be
amended, and the Tolbuith to be casten with
lime."— lb.
" Paid for a pinte of halle, when the mesons
biged the ivell, 3 shillings Scotts." — Treasurer's
Booh.
Sept. 28. — The bailies are elected, when Bailie
Burn protests against the undue return of Wil-
liam Tudhope, " in respect many of his voters
for him were his menial servants, and other
people's servants, and some of them also minors."
— Council Records.
1738.] ANNALS OF HAWICK. 143
1738.
The council subscribe i?100 sterling towards
the erection of Teviot Bridge, for which the bur-
gesses are also to be stented according to their
abilities. A committee is afterwards appointed
to collect the subscriptions for the bridge. The
bridge to cost d£?450, of which the commissioners
of the Duke of Bnccleuch are to grant bond be-
fore contracting for £250. — Council Records.
(The money is borrowed, which seems to have
been the origin of the town's debt.)
The council grant an yearly allowance of £8
Scots, during their pleasure, to the English
schoolmaster, towards paying his school-house
rent. — lb.
March 6. — " The bailies and council appoint
that advertisement be made through the town by
tuck of drum, to all creditors that can instruct
any debt against the town, to produce their
grounds of debt betwixt and the 1 7th instant,
and deliver the same to the treasurer, against
that time, with certification, that their debts will
be reckoned satisfied and paid, and they deprived
of all further claim." — lb.
1739.
Matthew Foulden (see 1 733) having failed to
produce testimonials, the bailies and council ex-
pel and banish him and his wife and family furth
of the town in all time coming, at least while he
144 ANNALS OF HAWICK. [1739.
obtemper the said act, allowing him three days
to remove. — Council Records.
The council resolve to build a sufficient Eng-
lish schoolhouse, to measure 30 by 1 6 feet. — lb.
The practice of keeping the treasurer's books,
is changed from Scots to Sterling money. — Trea-
surer's Books.
The council appoint the King's birth-day to
be solemnized, commencing at 10 o' "clock forenoon.
— Council Records.
The council agree to a submission, referring
the place where the bridge over Teviot at Ha-
wick is to be built, viz., whether at the Sandbed,
or at HorsleyhilFs (now Walter's) Wynd foot,
to the decision of Sir Gilbert Elliot of Minto,
Sir Gilbert Elliot of Stobs, the Lairds of Cavers,
elder and younger, Robert Elliot of Midlemilne,
Andrew Bennet of Chesters, and John Chisholme
senior of Stirches. — lb.
The Bailies and Council unanimously resolve
to take in the Quarter-masters of the Trades to
be Councillors, to remain during their office, and
no longer, who compearing (7 in number), ac-
cepted of the office. — lb.
Bailies since 1730, John Scott, Robert Howi-
son, merchant, James Scott, Thomas Turnbull,
merchant, Francis Gladstains, innkeeper, James
1740.] ANNALS OF HAWICK. 145
Scott, younger, and William Tutop, Gideon Kew-
castle, James Weir, town-clerk. — Council Records.
1740.
William Adams, Esq., His Majesty's Archi-
tect, and Francis Gatton, Esq., His Majesty's
Engineer, for Scotland, are admitted burgesses.
lb.—
" Paid to Thomas Svvorde for being a gide to
the Langholme with a officer of the draugounes,
one shilling. 11 — Treasurer's Books.
The Council allow the Common-haugh and
Myreslawgreen for pasturing the horses and other
carrying beasts that are to lead the stones, sand
and lime, to the bridge, and order all other beasts
to be discharged off the same during the time of
building the bridge ; and that no divots be cast
on the said grounds for the time aforesaid. — Coun-
cil Records.
1741.
The bakers are incorporated by Seal of Cause
from the Council. — lb.
" July 29. — Paid that was spent at the bridge
by the bailies' 1 orders, when the ki stone was per-
fited and closed. 11 — Treasurer's Booh.
At Hawick was born Thomas Somerville, D.J).
— See Appendix, Note 13.
N
146 ANNALS OF HAWICK. [1743.
George Wallace, wool-comber, is admitted bur-
gess. — Council Records.
The Council empower the Bailies to banish two
burgesses furth of the burgh, " in respect they
stand convict of thieving, and to eraze their names
out of the Council Books as burgesses. — lb.
1743.
A husband and wife being guilty of several
thefts, consent to be banished furth of the town,
and bind themselves never to return thereto, with
certification if they do, that they shall be impri-
soned for one year, and be scourged every month
during said year, and thereafter be again banish-
ed, under such penalty as the Justices of Peace
shall determine. — lb.
Councillors are directed to pay 5 shillings each
at entry, and councillors refusing to collect the
bridge-money, are to be extruded the council. —
lb.
1745.
It is stated in the History of Hawick, publish-
ed in 1 825, that a party of the Pretender's officers,
with Lord Balmerino at their head, stopped at
Hawick for one night, on their way to Carlisle.
The same authority adds, that the friends of the
exiled family were numerous here ; but this may
be doubted, as none joined the rebel army. See,
however, ante, 1716.
1747.] ANNALS OF HAWICK. 147
1747.
The council, considering the many debts and
burdens the council are in, resolve to retrench
some superfluous expenses, such as giving the
officers broad cloth to be coats, and fine hats, in
place whereof, they are to have coarse home-made
cloth coats, and coarse hats, each coat not to
cost above 3 half-crowns, and each hat not above
14 pence, and the town piper to have no allow-
ance for playing at common ridings, or other such
times, from the treasurer, but what people shall
give him out of their own pockets ; neither are
the King's birth-days to be kept up on the town's
expense, but out of the burgesses private pockets.
— Council Records.
The Bailies and Council ordain the shoemaker
and weaver trades to produce their books to the
Magistrates against Wednesday the 8th instant,
with certification if they failzie, their books will
be disannulled, and the seal of cause broke. — lb.
The Council approve of a stent laid on the new
burgesses, for helping to pay the price contracted
for the new bridge. — lb.
Walter Freeman engages to mend and rectify
the town clock, and to make her a right going
clock. Also to furnish the iron work for the new
addition for a dial -plate on the west side of the
steeple. He also engages to alter the easier dial-
plate as to iron work. This refers to the parish
148 ANNALS OF HAWICK. [1747.
church, where the only steeple and clock in the
town was. Salary £1, 5s. yearly. — Council Re-
cords.
The Council resolve that the grammar school
colour shall ride next the town's standard, the
English school colour next, and the prentice co-
lour last, at the common riding. — lb.
The regality of Hawick, comprehending a land-
ward territory, probably co-extensive with the
barony, is suppressed, and the Duke of Buc-
cleuch, as Lord of the regality, receives from the
Treasury ^400, as compensation under the sta-
tute 28th George II. c. 43. Previous to this
date, there were two local courts, having co-or-
dinate jurisdiction in civil matters, viz. the Bailies
Court, and the court of the Lord of Regality,
held by his depute, also styled Bailie. The cri-
minal jurisdiction also of the former court was
pretty extensive, but that of the latter was al-
most unlimited within the bounds. The Books
of Regality, which are not in the General Regis-
ter House, will probably be found in Drumlanrig
Charter-room. — See Appendix, Note 14.
The Council resolve that the excrescence of the
town s yearly stent, is to be applied in all time
coming for paying the debt contracted by the
town in relation to the new bridge, until said
debt be paid. — Council Records.
1748.] ANNALS OF HAWICK. 149
1748.
" To payed in Mr Weir's (the town-clerk) in
entering the Earl of Dalkeith and other burgesses
£l. n — Treasurer's Booh. (This must have been
the father of Henry, Duke of Buccleuch).
The Council resolve that there shall be no
"powdering^ at elections in time coming for the
magistracy. — Council Records.
1749.
Bailie Howison, 5 others, and the Club of
Hawick, lend the council £25 to pay off a bond
debt, for which 7 bills are granted to them, to be
repaid out of the excrescence of the town's yearly
stent. — lb.
All middings on the streets are ordered to be
removed. — lb.
The Council resolve that no person to be here-
after chosen a Magistrate, shall sell liquor of any
sort during his office-bearing, under the penalty
of £5, and on conviction to be turned out of his
office. — lb.
" No coler (colour) to be carried on the com-
mon riding day, but the town coler allena^y." —
lb.
The trades ordained to choose their quarter-
masters before Michaelmas yearly. — lb.
150 ANNALS OF HAWICK. [1750.
Mention is made in the books for the first
time of the poor's stent, parties refusing payment
of which are ordered to be fined, besides being
poinded therefor. The assessment was then im-
posed on means and substance. — Council Records.
1750.
A burgess elected, but refusing to accept the
office of Bailie, the person next in votes to him is
appointed. — lb.
Bailies since 1740, Gideon Rucastle, Robert
Boyd, Francis Gladstains, Thomas Turnbull,
James, John, and Walter Scott, (Skinners), Ro-
bert Ker, Gideon Scott, James Weir, clerk, Wil-
liam Dyce, grammar school teacher. — lb.
1751.
Teviot Bridge contracted for by Bailies Turn-
bull and Scott 7 or 8 years before, already " stands
in great need of having the pillars barricaded. 1 '' —
lb.
Act of Council passed, declaring verbal warn-
ings of tenants 40 days before Whitsunday to be
sufficient. — lb.
1753.
William Kirk, coallier (probably coal viewer)
in Musselburgh, is admitted an honorary burgess.
—lb.
The two town officers are each allowed ten
1755.] ANNALS OF HAWICK. 151
shillings Stg. of yearly salary, on account of their
age and infirmity, and that during the pleasure of
the Council, in all time coming. — Council Records.
1755.
The Council resolve that the Common shall be
marched some days before the common riding. —
n.
Resolution to bring in a well to the Cross from
the Wellygate. — lb.
" The Flesh M create" is stated to be finished
at the cost of £20.— lb.
By cash from Adam Kersel for Rowly-powlv
loft 3s. 2d. — Treasurers Books. This is some-
times called the high loft, and was above the
Bailies loft in the church.
Mr John Ramsay, surveyor of coal, admitted
an honorary burgess. — Council Records.
1756.
The Council repeal all former acts against
peuthering, and enact, " that whosoever has a
mind to set up for the Magistracy, and peuther
for it, shall be put in the Bailies' Leet without
any objection. — lb.
152 ANNALS OF HAWICK. [1757.
1757.
James Laurie is parish minister of Hawick.
He died in 1783.
Population of the parish 2713.
1759.
Scott, a native of the town, greatly dis-
tinguishes himself at the siege of Quebec, for
which he received immediate promotion. He
died soon afterwards. His widow survived him
upwards of 40 years, and died in the neighbour-
hood of Hawick.
A company was established prior to this date
for the manufacture of carpets, which was carried
on by various parties till 1806.
1760.
" The town people are discharged from keeping
geese, which are said to damage clothes bleach-
ing at the water, and corns and green and open
kail in the yards, and ordained to keep them al-
lenarly at the muir." — Council Records.
The Incorporation of Weavers renewed. — lb.
Bailies since 1750, James and Gideon Scott,
Thomas Turnbull, Charles Tudhope, James Scott,
Robert Kerr, John Scott, Robert Scott, mer-
chant, and Walter Ruecastle ; James Weir,
town-clerk ; James Laurie, parish minister. — lb.
1762.] ANNALS OF HAWICK. 153
1762.
The Council resolve to take down the Flesh
Market and Cross, and to dispose of the stones
and timber. — Council Records.
" By paid two labourers for taking down the
Cross, and Cross Wynd Port, two days, at lOd.
per day 3s. 4d. The Cross stones are sold for
lis. 6d." — Treasurer s Books. (The Edinburgh and
Carlisle Turnpike Road having been completed
about this time, these were probably removed as
obstructions. Before this road was formed, goods
were carried on horses backs, called Pack horses,
along miserable tracks, which crossed and re-
crossed the Teviot more than ten times between
Hawick and Mosspaul. Mr Chalmers says, " that
the year 1764, is in Roxburghshire the epoch of
road-making/' — Caledonia, v. 2. p. 146.
A public Library is established. It now con-
tains upwards of 3500 volumes.
1763.
The parish church of Hawick is rebuilt with
the combined contributions of the heritors, — the
Trustees of Alexander Orrock, — the weaver trade,
— the rural tenantry who carted the materials, and
the burgh of Hawick, who furnished the bell, —
the entire cost being, exclusive of the bell, ^497.
A new manse was built at the same time, cost
i?200, defrayed by the landward heritors. A
154 ANNALS OF HAWICK. [1764.
new steeple bell, in exchange for the old one, to
weigh 560 lbs. and cost c£?50, resolved on by the
Council, for which the inhabitants are ordered to
be stented according to their abilities, twice in
the year, until paid. — Council Records. (This
is the bell still in use. The clock is thought by
some to be older, but the records are silent re-
garding it.)
1764.
Mr Robert Scott is Chamberlain to the Duke
of Buccleuch. — lb.
About this period Henry, Duke of Buccleuch,
pays his first visit to Hawick, when he is wel-
comed by the Bailies " to his ain town of Ha-
wick:'
1765.
The Council enact, " that it for ever should be
a stated rule, that no man should thereafter pew-
ther for the Magistracy.'' 1 — lb.
The Antiburgher Congregation assembling at
Mireslawgreen established. Dr John Young, the
first incumbent, was ordained in 1767.
1766.
John Craigie of Kilngraston, Esquire, Advo-
cate, is sole Commissioner of the Duke of Buc-
cleuch.
The Council resolve to let part of the Common,
1767.] ANNALS OF HAWICK. 155
but to reserve such rising grounds or eminences
as may be suitable for planting, either for use or
ornament. — Council Records.
(These plantations were, with a trifling excep-
tion, not commenced until nearly 60 years after-
wards. They are now in a very thriving condi-
tion, and ornament has not been lost sight of in
laying them out).
This resolution of the Town-Council gives rise
to a litigation with the Duke of Buccleuch regard-
ing the common lands.
1767.
Lawrence Porteous, Overseer of the high roads,
is admitted an honorary burgess. — lb.
" On the 5th of August, the river Slitterick,
which runs through Hawick, in Scotland, rose to
an uncommon height, without any extraordinary
rain falling that day, or for some days before, and
the river Teviot was then fordable. It began to
rise about four o'clock in the afternoon, and con-
tinued increasing till after six, when the water
was 22 feet higher than usual. The consterna-
tion of the town's people is scarce to be conceived,
for the water rushed into the streets with inex-
pressible violence, threatening universal desola-
tion. Fifteen dwelling-houses, with the corn-mill
at the end of the town, were presently swept
away, and the very rock on which they were
founded, washed so clean that not a bit of rub-
156 ANNALS OF HAWICK. [1767.
bish or vestige of a building was left. As no
human assistance could avail, the minister of the
place called the inhabitants to church, to suppli-
cate Heaven to avert the judgment that seemed
to threaten them. At the height of the flood, a
servant-maid, belonging to a merchant of the
town, recollected that her master had in the house
(which was then surrounded with water.) about
i?300 in gold. Her master being from home, she
acquainted the neighbours, and begged their as-
sistance to recover it, but none of them would
venture : upon which the girl herself waded boldly
into the house, and got hold of the bag with the
money, but, in coming out, she was carried down
by the stream. Providence, however, interposed
for her safety. She was cast ashore on a green,
a little below the town, just alive, and the money
grasped in both her hands, so fast, that, with some
difficulty, it was removed. A little above the
town, three houses were quite covered with wa-
ter, except the chimney tops ; they were in an
eddy, which saved them." — From the Annual Re-
gister for 1767. This account is believed to be
correct.
The east end of the old bridge was carried off
by the flood. — Council Records.
Gawyn Douglas, who knew the Slitrig well
350 years ago, seems to have witnessed a similar
outbreak : —
1767.] ANNALS OF HAWICK. 157
" Affray it I glisnit of slepe, and sterte on fete ;
Syne to the hous hede ascend anone,
With eris prest stude thare, als styll as stone :
Ane sound or swanck I heard thare at the last,
Like quhen the fire be felloun wyndis blast,
Is driuen amyd the flat of cornes rank,
Or quhen the burne on spait hurlis doun the bank,
Uthir throw ane watter brek or spait of flude,
Ryvand up rede erd as it war wod ;
Doun dingand cornes all the pleuch labor attanis,
And driuis on stiffly stokkis, treis, and stanis :
The silly hird seand this grisly sycht,
Set on ane pennakill of sum cragis hicht,
All abasit, not knawand quhat this may mene,
Wounderis of the sound and ferly that he has Bene."
Eneid, Book 2.
It is to this inundation, and to the repeated
destruction of the town by fire, that Leyden al-
ludes, in a beautiful apostrophe : —
" Boast ! Hawick, boast ! thy structures rear'd in blood,
Shall rise triumphant over flame and flood ;
Still doom'd to prosper, since on Flodden's Field,
Thy sons, a hardy band, unwont to yield,
Fell with their martial King, and (glorious boast !)
Gain'd proud renown where Scotia's fame was lost ! "
Scenes of Infancy, Part 1.
This flood is stated to have carried off most of
the Trades 1 Records. — Decree in 1781, in Free-
man's A ction, p. 285 .
1768.
Mr William Ogilvie is chamberlain of the Duke
of Buccleuch at Branxholm. — Council Records.
158 ANNALS OF HAWICK. [1769.
A party convicted of selling leaves of thorn in
place of tea, is ordained to be sent and pinioned,
by tuck of drum, through the town, and the
leaves to be burnt. — Council Records. This is
the first mention of tea, which was probably then
considered a great luxury.
1769.
A contract of copartnery is entered into, be-
tween John Elliot of Borthwickbrae, Walter El-
liot of Ormiston, Thomas Turnbull in Minto, and
William Robertson from Dunfermline, for the
manufacture of carpets. This contract was re-
newed in 1779, between Mr Elliot of Borthwick-
brae, Thomas Turnbull, second son of the former
partner, and Mr Robertson, for seven years from
J 778. The trade flourished for some time, but
was abandoned about the year 1806.
An action of declarator and division having
been brought before the Supreme Court, at the
instance of the Duke of Buccleuch, proprietor of
certain lands adjoining the Common, claiming a
right of pasturage thereon, against the burgh, in
which a proof had been led, the Council resolve
to enter into treaty with His Grace's Managers,
for a compromise. The Minute of Council is in
the following terms : —
" Zd July 1769. — Which day, the Magistrates
and Town Council of Hawick, with the proprie-
tors of particates and other inhabitants, burgesses
1769.] ANNALS OF HAWICK. 159
of the said town, under subscribing, being con-
vened in the council-house, and taking into their
serious consideration the present state of the
commonty, or Common Muir of Hawick, from
which the town, as a community, reap no manner
of benefit, although some of the burgesses send
their cows, horses, and sheep to pasture there,
under the care of a common herd, being the only
use to which the commonty can be applied in its
present uncultivated state ; and that the com-
munity of the town of Hawick have no other
common good, or public fund, to be applied for
the exigencies, benefit, or utility of the said town ;
and considering, that His Grace, Henry Duke of
Buccleuch, who pretends that certain farms be-
longing to him, lying adjacent to the said com-
monty, have a right of pasturage upon the same,
has raised a process of declarator and division of
the said commonty before the Court of Session,
in which a proof has been led ; and that, until
either the said process shall be determined in
course of law, or amicably settled with His Grace,
and either the whole, or a certain part of the said
commonty, be allocated to the town, as their un-
disputed property, the same cannot be set in tack,
or disposed upon by them, or the rents thereof
applied for the public uses, or benefit of the said
town : And farther, considering that there is a
process presently depending, at His Grace's in-
stance, before the Sheriff-depute of Koxburgh
here, against certain inhabitants of the town of
Hawick, in relation to the multures payable by
160 ANNALS OF HAWICK. [1769.
them at His Grace's mill of Hawick, which is a
general question that may affect the whole in-
habitants, and concerning which a proof has also
been led ; and the magistrates and town-council
of Hawick, proprietors of parti cat es, burgesses,
and inhabitants of the town of Hawick, being
desirous to avoid all law-suits with his said Grace,
the magistrates and council, subscribing for them-
selves, and in name and behalf of the whole in-
habitants of the said town, have nominated, con-
stituted and appointed, and do, by this, their
public act, nominate and appoint, Walter Rue-
castle and William Elliot, present bailies ; John
Gladstains, town-clerk ; William Scott, town-
treasurer ; John Elliot, tanner ; Robert Scott,
junior, baker ; James Dickson, merchant ; John
Harclie, merchant ; James Rodger, wright ; or
any five of them, a quorum, as commissioners for,
and in name and behalf of, the magistrates and
town -council, proprietors of particates, burgesses,
and inhabitants of the town of Hawick ; giving,
granting, and committing to the said commis-
sioners, or quorum of them aforesaid, full power,
warrant, and authority, to enter into a treaty
with the managers for His Grace the Duke of
Buccleuch, for compromising and settling all dif-
ferences and disputes betwixt His Grace and the
said town : And particularly, the foresaid two
questions with respect to the Common and mul-
tures, and to sign submissions, and all other deeds
necessary for carrying the said treaty into execu-
tion, and rendering the same fully complete and
1770.] ANNALS OF HAWICK. 161
effectual ; and which deeds, so to be signed by our
said commissioners, we oblige ourselves to hold
firm and stable ; it being always hereby provided
and declared, that no part of the said Common is
to be subdivided amongst the proprietors of par-
ticates, or other inhabitants of the town, and
that the mosses and a part of the common are to
be reserved for pasturage, fuel, fail, and divot, to
the inhabitants, as formerly : And we all, unani-
mously, with one free full consent and assent, for
ourselves, and as taking burden in and upon us,
for the said town of Hawick, appoint and ordain
these presents to be insert and recorded in our
Town Court Books, by way of act, and ane ex-
tract thereof to be given, in all its heads, articles,
and clauses, by our town-clerk, which we sustain
to be as authentick as if a particular paper was
granted by us, and each of us, to the effect above
mentioned : And, in testimony of our adherence
thereto, and to the whole premises, we have sub-
scribed these presents, place and date foresaid. 1 "'
Signed by 144 burgesses and owners of par-
ticates. — See Appendix, Note 15.
1770.
Bailies since 1760. — Walter Ruecastle, Thomas
Turnbull, James and John Scott, and William
Elliot ; Thomas Wintrope, and John Gladstains,
conjunct clerks. Thereafter, James Weir, the
second elected town-clerk in October 1 768, who
died in November thereafter, and was succeeded
by the said John Gladstains. — Council Records.
o
162 ANNALS OF HAWICK. [1771.
At this date the burgesses were upwards of
200 in number.
1771.
The Burgher Congregation, assembling at
Wheathole, now East Bank, established. Mr
Williamson was the first incumbent.
The council resolve " that apprentices, journey-
men, and others, not householders, shall have no
vote at the election of magistrates ; that none
are entitled to vote but such as are householders,
or masters of families ; and that none shall be ad-
mitted as candidates without the consent of the
council, as to the abilities and qualifications of
the candidate. — Council Records.
The working of stockings, by frame knitting,
is introduced by John Hardie. These are stated,
in the History of Hawick, to have been of the
linen and worsted sorts, which, however, gradually
gave way to lambs'* wool hose.
The carding and spinning of wool by machinery,
for carpets, was commenced about the same
period.
1772.
The assessment for the poor amounts to i?224.
Samuel Charters, D.D., is appointed parish
minister of Wilton. — See Appendix, Note 16.
1773.
" To spent in Mr Michael Stevenson's, with
1774.] ANNALS OF HAWICK. 163
the magistrates, at petitioning the mending of
the old brig, damaged by the flood, with ane of
the Buccleuch agents, 2s." — Treasurer's Booh.
The Tower, which had hitherto been a private
residence of the Buccleuch family, appears to
have been about this date converted into an inn,
under the management of Mr Stevenson (ad-
mitted a burgess in 1773), who was brought from
Yorkshire for that purpose. Although the Mote
and the old Bridge have been mentioned as the
only works of antiquity we can boast of, there is
reason to believe that a portion of the tower is
also very ancient.
1774.
The rental of the burgal property is ^?1 1 n'5.
This is the earliest known valuation. The state-
ment occurs in a memorial to counsel for the
burgh in 1 774.
A surveyor of the markets, and weights and
measures, appointed by the council. — Council
Records.
They resolve to submit their disputes with the
Duke of Buccleuch to Lord Advocate Mont-
gomery. — lb.
1776.
Slitrig new bridge is completed about this
period.
A farmer's club is established, stated to have
been the first in the kingdom.
164 ANNALS OF HAWICK. [1777.
1777.
The arbiter, in the submission with the Duke
of Buccleuch, pronounces an award, apportioning
the common among the claimants as follows : —
Robert Oliver of Burnflat,
Duke of Buccleuch,
John Laing of Flex,
Thomas Turnbull of Fenwick,
Robert Oliver, John Laing,
Thomas Turnbull, the south side of
Whitchester moss, . . 4
The Duke of Buccleuch the remainder
of said moss.
The Town of Hawick, . . 852 1 28
Scots acres.
A.
R.
F.
10
1
22
329
3
20
6
3
36
15
2
33
1219 1 19
or about 1075 imperial acres as the town's share,
exclusive of Myreslawgreen and the two Haughs.
— See Appendix, Note 15.
David Loch of Overcambie, inspector of the
woollen manufactures of Scotland, admitted an
honorary burgess. — Council Records.
1778.
In a memorial to counsel, mention is made of
the " loathsome, wretched Jail of Hawick."
February. — Resolution of the council to let
1778.] ANNALS OF HAWICK. 1 65
part of the Common, now divided, south of Pil
muirrig, as a small farm to Thomas Scott. — Coun-
cil Records.
April. — A stent is imposed of 2s. for each
horse and cow sent to the Common. — lb.
April. — The council resolve, " that every
stranger entering burgess shall pay £5 the
fee of admission. — lb.
The burgesses having proceeded to
town herd (independently of the council), who
was to pasture that part of the Common recently
let in tack, as well as the rest, Walter Freeman
and James Dryden, the leaders, are imprisoned
on a Saturday, and, " under this confinement, in
the loathsome, wretched Jail of Hawick, did
these two patriots, one of them in bad health,
without fire, and in other comfortless circum-
stances, remain till the Monday following, be-
tween two and three o'clock afternoon, when, by
warrant of the Sheriff of Roxburghshire, to whom
the bailies by this time had presented an infor-
mation, they were hurried away from Hawick in
the most insolent manner, and lodged in the Jail
of Jedburgh, about six or seven o'clock of that
evening, where they again remained until Wednes-
day thereafter, between one and two afternoon,
that they were liberated upon finding bail to an-
swer any crime or crimes the bailies, their council.
1 66 ANNALS OF HAWICK. [1778.
or any public prosecutor had to accuse them of."
— Memorial for certain burgesses ; dated 1778.
Walter Freeman and others institute an ac-
tion of declarator, with the view of enlarging the
powers of the burgesses, concluding, — 1st, That
the burgesses were entitled to elect bailies, and
other officers, without any other restriction than
that these bear scot and lot, and reside within
burgh. — 2d, That it was not lawful for the bailies
to give out leets of persons to be elected, so as
to exclude the burgesses from electing bailies,
&e. from other burgesses. — 3d, That it was law-
ful to the other burgesses to propose and give
out leets of persons to be chosen. — 4th, That the
persons so chosen should be entitled to act as
bailies, &c. — 5th, That the burgesses had good
right to pasture cattle, and use other acts of pos-
session on the Common, as formerly. — And, 6th,
That the bailies, and all persons pretending to be
tacksmen under them, ought to be discharged
from molesting the burgesses in sending cattle to
pasture on the Common as formerly. The ad-
herents of Freeman were 205 in number, viz.
particate burgesses 65, and burgesses not heritors
1 40. — September. — Council Becords.
The council, it is stated, in consequence of the
hostile feeling prevailing throughout the town,
regarding the management of the burgh affairs,
institute a counter action, so as to ascertain the
1780.] ANNALS OF HAWICK. 167
extent of their powers, &c. ; concluding — 1st,
That the bailies and council had a right, from
immemorial use, to give out leets, and that the
burgesses were limited in their choice to the per-
sons therein named. — 2d, That they had also the
sole power of regulating the pasturage of the Com-
mon, and fixing the number of bestial to be sent.
— 3d, That they had farther the power to let in
tack such portion of the Common as might be
necessary for payment of the debt contracted in
the division of the Common, in the inclosing
thereof, bringing in water, rebuilding the town-
house, and other necessary purposes ; — and, 4th,
That they were also entitled to lay down rules
for the guidance of the town herd. — September. —
Council Records.
1780.
In these actions the Lord Alva, Ordinary
(22d Feb.), pronounced judgment, finding no
evidence of any practice to justify a deviation
from the charter of 1537 ; — that the right of
electing bailies and other officers was in the
burgesses ; — that there was no right in the bailies
for the time to limit the privilege of being elected
to any leet to be given out by them, but that,
for expediency, they might do so, reserving power
to any voter to make additions thereto, by ap-
plying to the bailies, before the commencement of
the election ; — that there was no evidence of a
right being vested in the bailies of appointing a
council ; — that, from the general tenor of the re-
cords produced, the council therein mentioned
168 ANNALS OF HAWICK. [1781.
had originally been, and ought for the future to
be, the deacons and quarter-masters of the trades;
and that the bailies, with their consent, had the
nomination of the town herd, and other inferior
officers. — Decree, p. 2*23. This decision, although
not adhered to, was long, and very naturally, re-
garded with affection by the burgesses, as main-
taining, in its integrity, the Douglas charter of
1537.
Mr Adam Ogilvie, advocate, is chamberlain of
Buccleuch at Branxholm.
Bailies since 1770. — John Hardie, Andrew
Scott, William Elliot, John Wilson, James
Dickson, Thomas Turnbull, and William Irvine ;
John Grladstains, town clerk. — Council Records.
1781.
The Court of Session (11th August) pronoun-
ced judgment in Freeman's case, altering the de-
cision of Lord Alva, Ordinary, empowering the
magistrates to let the Common, fixing the number
of the corporation at thirty-one, and establishing
the system of self-election, &c. The decision is
stated in the council-book to have been unani-
mous (vol. iii. p. 59). It is stated in the plead-
ings, that " the Common of Hawick is a valuable
and large property, but (it is alleged) that it had
been rendered of little value (previous to its divi-
sion in 1777), by the number of conterminous
heritors sending their cattle to feed on the said
1781.] ANNALS OF HAWICK. 169
common, and by each person sending many more
cattle than the common was sufficient for main-
taining. 11 — See Appendix, Note 1 7.
The council resolve to rebuild the town-house.
— Council Records.
The timber in the old council-house is sold for
£1, 6s. — Treasurers Booh.
This building was of a homely description, the
rafters, visible from beneath, giving it the appear-
ance of a common barn. The roof, like the other
buildings of that period, was thatched.
They also resolve to purchase a bell therefor ;
the parish church bell being then the only one in
the town.
N.B. The town-house bell cost .£24, 14s.— lb.
The sum of ^800 is borrowed, to discharge
the debts owing by the burgh. — Council Records.
These debts appear to have been chiefly con-
tracted for the erection of Teviot Bridge and the
town-house, in the two law-suits with the Duke
of Buccleuch and Freeman, and the submission
anent the commonty.
The council resolve to admit no person from
the country, buying a property in the town, as a
burgess, until he shall come to reside therein. — lb.
1782.
The Common Haugh is let, on a lease, to the
P
J 70 ANNALS OF HAWICK. [1782.
Hawick Inkle Company, as a bleach-field, for thirty
years, at £5, 12s. The Easter Common Haugh
(now Teviot Crescent), for 15s., and Myreslaw-
green for £8, — all of yearly rent. — Council Re-
cords.
Received from the showman, for the Rogues"
Hole, Is. 6d. — Treasurer's Books. It is sometimes
called the Thieves' Hole.
In this, or the preceding year, a printing-press
was introduced by Mr George Caw. One of its
earliest productions was, The Poetical Museum,
containing, amongst others, Eskdale, a poem, by
the late Thomas Telford, engineer, published in
1 784. This was followed, in 1 786, by Dr Charters
of Wilton's Sermons.
The council resolve to feu or let the Sandbed,
now Teviot Square, in lots, for house-steads, for
1)9 years.
On the ground that although the commonty is
now divided, neighbouring tenants and others are
nevertheless making continual encroachments
upon the towns part, the council, by a majority,
resolve to enclose the same, and to borrow £200
for that purpose. — Council Records.
1783.
The council resolve to introduce good spring
water into the town, to erect two street wells, —
1783.] ANNALS OF HAWICK. 171
one at the Cross, and the other at the foot of the
Midrow, and to borrow £200 to defray the ex-
pense. — Council Records. (The practice of im-
posing stents to effect public improvements, seems
to have ceased after the division of the Common.)
John Ainslie, a burgess of Hawick, but residing
at Allers, beyond the burgh roods, petitions the
council for permission to pasture his cow at the
Common. The prayer is granted, on his paying
the extra fee of 8s. for the privilege, besides the
herd's dues. — lb. This is important, as shewing
that a burgess lost his burgess right by ceasing to
reside within burgh.
" Paid in John Kedzies, when axing liberty for
the Dran in his Park for the Well, ls. ,, — Trea-
surers Booh. (This spring, in the Well o 1 Gate,
now affords a valuable supply of water to the
town.)
1784.
Resolution of the council to discontinue the
practice of levying the poor s rates by assessment
on means and substance, and, in lieu thereof, to
assess owners of heritages according to their
rents. This last mode was followed for the en-
suing sixty years,' the burgal proprietary, in more
recent times at least, paying one-third of the as-
sessment for the whole parish. (In the memorial
to council, already referred to, in 1778, it is
stated, that " long ago the magistrates and coun-
172 ANNALS OF HAWICK. [1785.
cil thought it expedient to undertake the burden
of paying a fourth fart of the poor-rates, and
which, to this day, continues to be levied by a tax
upon the burgesses.")
Thomas Sharp is appointed parish minister.
He was translated from Ettrick to Hawick, and
afterwards retranslated to Corstorphine, in 1789,
where he died in 1791. It has been said that he
quitted Hawick in consequence, as he alleged, of
his inability to govern the people. His new flock
seems to have been no better, as he was accus-
tomed to avow, there, that he loved even a dog if
it came from Hawick.
1785.
The council resolve to have the streets properly
paved, — the Duke of Buccleuch agreeing to de-
fray one-half of the expense. — Council Records.
The marches between the burgh lands and
those of the circumjacent heritors, fixed by an
arbiters award. — lb. 1787.
The dykes inclosing the Common are completed,
— the Duke of Buccleuch and the burgh defray-
ing the expense thereof in equal moieties. — Trea-
surers Books.
A cattle market or tryst is established by the
council, to be held yearly, in October. — Council
Becords.
1786.] ANNALS OF HAWICK. 173
1786.
The Duke of Buccleuch contributes £100 to-
wards the erection of the town-hall, for which,
" the meal and butter market shall be open for
the conveniency of the market, and the use of the
tacksman of His Grace's customs, and the tacks-
man shall possess the weigh-house till such time
as the house falls, or decays so much as to render
a new one necessary. 11 — Council Records.
1787.
Pilmuir, or Muir Farm, containing 250 acres,
let to Mr John Wilson for £56 yearly. — lb.
The Duke of Buccleuch executes a grant of a
piece of ground and water- fall, in which his anx-
iety to promote the woollen manufacture is ex-
pressed. He had, some years earlier, granted
land, with a water-fall, for an inkle manufactory,
and for bleaching ; but this trade, after thriving
for a good many years, was discontinued.
1788.
The cattle-stent is fixed at 4s. for each beast.
— lb.
A great portion of the commonty, called " Girn-
de Bog, 11 is stated to be drained. — lb.
SI
1789.
The burgal property is valued for the poor 1 s
rates at £664, but this was probably only one-
174 ANNALS OF HAWICK. [1790.
half of the real rent, shewing an increase of rent
of £163 since 1774.— (See Appendix, 15.) The
number of proprietors is stated to be 228, and
the rate of assessment lid. per pound.
1790.
The town-clerk having reported that the clerks
to the Bill-Chamber had refused to pass a horn-
ing on the magistrates'' decree, he is directed by
the council to apply to the Court therefor, at the
town's expense. — Council Records.
Divots are prohibited from being cast at the
Common, except for thatching houses. — lb.
Robert Grillan appointed parish minister.
The practice of riding the Common holstered
was discontinued about this period. — lb.
Bailies since 1780, — Thomas Turnbull, John
Hardie, William and John Elliot, William Scott,
James Dickson, and Walter Purdom ; James
Inglis, clerk. — lb.
1791.
Population of the parish, 2928.
At this period there were 14 men and 51 wo-
men employed in connection with the woollen
manufacture, who produced 3500 pairs of lamb
wool hose, and 600 pairs of cotton hose yearly.
1792.] ANNALS OF HAWICK. 175
The council dispose of two building areas in
the centre of Sandbed, now Teviot Square, for
£56. — Council Records.
The council resolve to apply to the statute-
labour trustees for permission to remove the fore
stairs throughout the town, now that the streets
are in the course of being paved. — lb.
Sir Gilbert Elliot of Minto and Dr Charters of
Wilton, the one in the House of Commons, as
M.P. for Roxburghshire, and the other in the
General Assembly of the Church of Scotland, ad-
vocate the repeal of the Test and Corporation
Acts, in speeches of great ability and eloquence.
In the House of Commons, the motion for repeal
was made by Sir Gilbert.
J 792.
The expense of paving the streets amounts to
£450, defrayed by the Duke of Buccleuch and the
burgh in equal moieties. — lb.
Resolution of the council to feu both sides of
the road named Hawick Lone for buildings. — lb.
The Bank of Scotland has a Branch here, under
the management of Mr William Oliver.
1793.
A public meeting of the inhabitants, to discuss
the subject of peace or war with France, takes
176 ANNALS OF HAWICK. [1793.
place, when the friends of peace, led by Dr Char-
ters of Wilton, triumphed over the war party,
headed by Francis Lord Napier of Wilton Lodge.
It is stated, in the History of Hawick, that at
this period, a meeting, at which Lord Napier pre-
sided, was held, when resolutions to support the
measures of Mr Pitt were carried.
The use of the town-hall, for a meeting to dis-
cuss Parliamentary Reform, is refused by a ma-
jority of the council. It is stated, in the History
of Hawick, that a meeting was nevertheless held
in the town, when resolutions in favour of reform
were adopted.
In a communication from the town-clerk to
another burgh, describing the nature of the juris-
diction, &c. of the magistrates, the following just
views are expressed : — " Hawick possesses all the
privileges of royal burghs, except that of sending
a representative to Parliament, for which it need
not repine, as it is thereby freed from many temp-
tations to idleness and dissipation, to which the
inhabitants of royal burghs, by their politics, are
subjected."
About this period, or perhaps somewhat earlier,
the practice of interring deceased paupers in a
coffin having a false or sliding bottom, was dis-
continued.
1794.
" The hind or the shepherd now lives better
1796.] ANNALS OF HAWICK. 177
than the farmer did fifty years ago. And the
farmer now keeps a better house than was then
kept by the lord of the manor. I well remember
the time when sixpence a day, without victuals,
was considered as good wages for a labouring
man ; now, in the same part of the country, a
shilling is thought but moderate. Meal was
seldom below Is. 6d. the stone at that time, and
now it is little more than 2s." — Essays by Br
John Young of Hawick, 1794. — The condition of
the working man has improved prodigiously since
that period.
1796.
The street fuilzie seems to have been let prior
to this date.
A statute having been passed for raising a
certain number of men in Scotland for the service
of the army and navy, under which, the quota
for the town of Hawick was three men, or in lieu
thereof i?25 each ; the council advance the re-
quisite sum. — Council Records.
1797.
The council resolve to introduce water into
the town from Sclidder Springs by leaden pipes,
and to erect six wells therein, at the cost of
i?500. The money was directed to be borrowed.
1798.
The assessment for the poor is increased to
Is. 6d. per pound.
178 ANNALS OF HAWICK. [1799.
The Roxburghshire Regiment of Volunteers
was raised, which many of the men of Hawick
join.
A donation of £25 is presented to the corps
by the burgh, to purchase drums, fifes, &c. —
Council Records.
1799.
About this period, the street called the Cres-
cent is commenced.
The house called the Garrison, said to have been
occupied by Hab o"* Hawick, and once a place of
great strength, is pulled down and rebuilt. The
Post-office in Silver Street now occupies its site.
1800.
James Arkle is appointed parish minister.
He was translated from Castleton, and died on
16th March J 823.
Bailies since 1790, Walter Purdom, James
Oliver, John Hardie, William Scott, and Walter
Wilson, James Inglis, clerk. — lb.
A committee of council report, that the quan-
tity of dry land sods casten upon the muir on the
dry land is amazingly great, and that if not
checked the muir will in a short time be ruined,
whereupon the council resolve to punish the trans-
gressors. — lb.
1801.] ANNALS OF HAWICK. 179
The inkle manufacture, which had been a
thriving trade, was discontinued soon after the
commencement of this century.
The British Linen Company established a
branch at Hawick about this date.
At Hawick, died Mr John Hardie, by whom
the manufacture of stockings had been intro-
duced thirty years before.
1801.
The council resolve to drain Hawick Moss. —
Council Records.
The assessment for the poor within burgh
is increased to 2s. 4d. per pound. (This was a
year of famine).
1802.
The town is illuminated on occasion of the
the Peace of Amiens.
The council decline subscribing towards the
erection of two new bridges over Slitrig, in con-
sequence of the low condition of the burgh funds.
The Trades' Library is instituted. It now
contains 1400 volumes.
The colonel and two other officers of the 42d
Regiment, are created honorary burgesses, when
180 ANNALS OF HAWICK. [1803.
passing through Hawick on their way from
Egypt, where they immortalized themselves by
defeating " the French Invincibles." — Council
Records.
1803.
The council, on the eve of a contest for the
office of town-clerk, direct the bailies to admit
as burgesses all persons bearing scot and lot,
above the age of 1 6 years, and all burgesses sons
of that age, whether living in family with their
parents or not. A considerable number of indi-
viduals were then admitted as burgesses ; but to
the credit of the inhabitants none of them were
minors. — lb.
The burgesses are 21 1 in number.
" The Council resolve that the piper shall not
be any longer contmued.' ,, — lb.
1804.
Footpaths directed to be formed by the coun-
cil in the west end of the town.
1805.
Mr Adam Ogilvie, the Duke of Buccleuch's
chamberlain at Branxholm, consults the council
regarding the appointment of a successor to
James Inglis, parish schoolmaster. — lb.
In an action, Graham v. Oliver, the Supreme
1806.] ANNALS OF HAWICK. 181
Court held, that Hawick is a burgh independent
of the superior. — Morrison's Decisions voce Juris-
diction, Appendix, 15.
The town is illuminated in honour of the vic-
tory at Trafalgar.
1806.
At Hawick, died Dr John Young, minister of
the Antiburgher Congregation. — See Appendix,
Note 18.
The council resolve to heighten the steeple of
the Town Hall, and to place a clock therein. —
Council Records. — Hitherto, there had been only
one public clock in the town.
The police of the town engages the attention
of the council, by whom an improved system is
adopted. — lb.
1807.
About this period, a mail coach commenced
running between Carlisle and Edinburgh via
Hawick. There had for some time previously
been a stage coach on this road, running two or
three days a-week.
1808.
The council resolve that the bailie who is in
the second year of office, is the eldest bailie, and
entitled to preside at their meetings. — lb.
182 ANNALS OF HAWICK. [1809.
1809.
They also resolve to purchase a fire-engine, of
which the town was much in want. — Council Re-
cords.
1810.
Bailies since 1800, Walter Wilson, John
Nixon, James Dickson, William Scott, James
Simpson, and James Elliot ; James Inglis and
John Oliver, town-clerks. — lb.
Hawick is described by Chalmers"' in his Cale-
donia, as having been raised by the fostering
hand of a benevolent master to industry and
wealth.— Vol. ii. p. 176.
1811.
The parish churchyard, hitherto uninclosed,
is inclosed by a stone and lime wall with gates.
— Heritor s Books.
Population of the parish, 3688.
The Relief Congregation is established about
this period.
At a festive meeting in honour of the appoint-
ment to the Regency of the Prince of Wales,
afterwards George IV., who was then popular
in Hawick, Bailie James Oliver proposed as a
toast, " The mucking o" 1 Geordie's byre. 1 '
1812.] ANNALS OF HAWICK. 183
1812.
Died, Henry, third Duke of Buccleuch and
fifth Duke of Queensberry, superior of the burgh,
a patriotic nobleman, of which Langholm, Ha-
wick, with other towns, and the great road from
Scot's Dyke to Haremoss are monuments.
Upwards of 100 officers, prisoners of war taken
in the French ranks were stationed here, and
remained till 1814. They were natives of France,
Germany, Poland, &c. The presence of so many
well dressed persons for so long a period, pro-
duced a marked reform of the costume of the in-
habitants.
An election takes place for the representation
of Roxburghshire, at which Mr Don of Newton,
and the Hon. Gilbert Elliot of Minto were the
candidates. Mr Elliot, who was in the Liberal in-
terest, carried his election by 65 to 58 votes.
Only two of the voters resided in Hawick.
1813.
The council resolve to light the streets with
sixty oil lamps. And to enable them to defray the
expense, to raise the cattle-stent to 13 shillings
for each horse or cow sent to the Common by
burgesses, and 25 shillings if sent by non-bur-
gesses, This leads to an action at the instance
of certain burgesses against the council, but the
Court of Session held, in 1816, by a majority of
four Judges to one, that the resolution was war-
184* ANNALS OF HAWICK. [1814.
rantable and legal. — Council Records. — See Ap-
pendix, Note 19.
The town is illuminated in honour of the vic-
tory at Leipsic.
1814.
Valuation of houses and lands within the
burgh for the poor's rates, ^3717, — rate of as-
sessment, 21 d. per pound. — Council Records.
The improved road to Carlisle by the Pipe-
wellheugh commenced. It was completed and
opened in 1815.
About this period died at Hawick, Miss Lang-
lands, the descendant of Longueville, afterwards
named Langlands of that Ilk, the friend of Sir
William Wallace. Opposition was made to the
interment taking place within the walls of Wil-
ton Church, but Dr Charters, although disap-
proving of the practice, would not suffer the last
of an ancient race to be separated from her fore-
fathers.
Bailies since 1810, James Elliot, James Oliver,
James Dickson, Peter Wilson, James Goodfel-
low, Robert Armstrong ; John Oliver, town-
clerk. — lb.
The income of the corporation exceeds i?400
per annum. — See Appendix, Note 20.
1814.] ANNALS OF HAWICK. 385
The following statement shews the extent of
the woollen trade at this period : —
7 Carding Mills, containing
44 Engines or Scribbling Machines, and
100 Spinning Jennies.
Quantity of wool spun, 12,000 stones yearly.
Quantity of stockings manufactured, 328,000
pairs yearly, by 510 stocking frames. — From
Brewster's Edinburgh Encyclopaedia, A rticle " Ha-
wick, 1816 ;" See Appendix, Note 21.
At or about this period, a Sabbath school is
established by the Ee v. James Henderson, Burgher
minister here, which is said to have been the
first in Scotland.
The town is still supplied to a considerable ex-
tent with coals, carried on the backs of ponies
from the borders of Northumberland.
About this period, the burgh adopt the com-
mon seal now in use. — A correct representation
of which is here given.
186 ANNALS OF HAWICK. [1811.
Various places in the town, and at and ad-
joining the Common, have undergone a change
of name, and in some instances cannot now be
identified. Among these may be named Burn-
ford, Hollow Burn betwixt Meikle and Little
Whitlaw, Pilmure Syke at the head of Flex in-
cisures, Greenside or Grirnside Bog, Blackgrain
Moss, Weatland Burn, Iverburn, Eeidwell-
knows, Tup-Knows, Hackman's Dub, Craggy-
burn, near Hawick Moss Brow, Crawstruthers,
Raeerig, Bailiehill, Usuch Haugh, Lochdail,
Appolsyde Milne, Jamieson's Croft, Crumble-
town Croft, Round Croft, NichoFs Croft, and
Watch-know.
The following names of persons, nearly 150 in
number, contained in the Hawick Records, are
no longer to be found in this place : —
Adkins.
Bower.
Air.
Bracke.
Alison.
Burn.
Badie.
Burntfield.
Ballingall.
Carruthers
Barclay.
Cessfurd.
Barry.
Chalmer.
Bennet.
Chapman.
Binks.
Christie.
Binnie.
Claperton.
Bisset.
Cockburn
Blair.
Connel.
Boustoun.
Courtney.
1814.]
ANNALS OF HAWICK.
187
Cozans.
Heart.
Craghall.
Oraigge.
Cramond.
Hepburne.
Heuchin.
Hewie.
Cudbertson.
Hod or Hud.
Dalziel.
Howburne.
Daniel.
Huttone.
Dobie.
Jollie.
Donald.
Junck.
Donaldson.
Dyce.
Fair.
Kay or Key.
Keine.
Kinnaird.
Fairlie.
Lands.
Falsyd.
Farnielaw.
Langlands.
Lauder.
Fawlaw.
Learmonth.
Fleminton.
Leilburn.
Forman.
Lidderdale.
Forrest.
Lindsay.
Foster.
Lorane.
Foullar.
Lowden.
Garvie.
M'Kan.
Gay.
Mackleanall.
Gifford.
Gillespie.
Givan.
Mackquillones.
Mackwatie.
M'Lellan.
Gorman.
Greenshields.
Makgill.
Manual.
Greg.
Grier.
Mertine.
Moirane.
Haitley.
Hasswell.
Moor.
Morlo.
188
ANNALS OF HAWICK.
[1814.
Morton.
Sanderson.
Moscrope.
Schorte.
Moss.
Shand.
Mylne.
Shein.
Naper.
Simpson.
Neilsonne.
Somerville.
Newbie.
Stirling.
Nimmo.
Stoddart.
Nor veil.
Stot.
Oliphant.
Swan.
Orrock.
Sword.
Osborne.
Syd.
Palmer.
Tunno.
Pant on.
Turpin.
Plendergaist.
Tweedie.
Polwart.
Vair.
Poutrie.
Waddell.
Press.
i Waderstone.
Preston.
Watt.
Purcell.
Weir.
Quarrie.
Wellands.
Ramsay.
Whattowne.
Reidfurd.
Wigoune.
Rennison.
Wilkinsonne.
Routlach.
Wishart.
Rucastle.
Wood.
Runciman.
Wright.
Sadler.
Wyllie.
SUPPLEMENT.
[The Manuscript, from which the subjoined record has been
printed, has slumbered, apparently unnoticed, for more than two
centuries amongst the Archives of the burgh of Hawick. It would
not now have been disturbed, had the fact not become known to the
Editor that no similar record, of so early a date, has been pre-
served in the General Register House at Edinburgh. It thus seemed
worthy of publication, as forming a connecting link in the chain of
our Scottish judicial annals.
The record itself probably found its way hither in consequence of
Mr Gilbert Watt, town-clerk of Hawick for at least twenty years
prior to 1658, having also been Clerk of Circuit.]
SUPPLEMENT.
The Commissionaris Court Buik of the
Sherifdomes of Bervick, Selkirk, Peiblis,
Jedbrugh, Dumfreis, and Stewartries of
Kirkcudbrycht and Axxaxdaill, quhair-
intill Gilbert Watt, notar, is clerk, be-
guxxe the xxi of maij 1622, at dumfreis.
(S. S.) " Gilb. Watt, Clk."
Commissioners Court of Justiciary of the Sheriff-
doms of Berwick, Roxbrugh, Selkirk, Peiblis,
Dumfreis, and Stewartries of Kirkcudbright
and Annandale, haldin and begun at Dumfries,
the xxj day of May 1622, be Walter Erie of
Buccleuche, Lord Scott of Whitchester and
Eskdaill, Sir Andrew Ker of Oxnam, Knycht,
Master of Jedbrugh, Sir Williame Seytoune
of Kyllismure, Knycht, and Sir John Murray
of Philiphauch, Knycht, Commissioners ap-
poyntit be our Souerane Lord, under His
Majesties Greit Seale for that effect; Gilbert
Watt, notar-public, dark ; Williame Carnewath,
Robert Scott, messingers, Steven Young, officer,
and John Douglas, dempster.
The Court lawchfullie fencit, &c.
The said day, Andro Ker of Roxbrugh, his band,
192 ANNALS OF HAWICK.
qrby he was bundin and obleist for the entrie of George
Turnbull of Belshes, was continewit to the next Justice
Court, to be halden at Jedbrugh, and the samyn band
to stand in full effect as it is, under the paines thairin
contenet.
The said day, Williame Armestrang, callit of Chinglis,
enteret Willie Armestrang, callit Pattenis Willie, and
stands cautioner for his entrie the morne to his call,
under the paine of v c . merks.
The said day, Thomas Hendersonne, in Langscha,
enterit Williame Litstar in Wysbie, and stands
cautione for his entrie at his call nixt call, under the
said paine.
The said day, Thomas Kennedie of Halaithes
enterit Adame Jonsoune in Lochmabane, and stands
cautione for his entrie at his nixt call, under the fore-
said pane.
The said day, Jon. Dicksoune, younger, in Dumfreis,
is contenewit as cautioner to the next day for ye entrie
of Robert Kennedie, callit of Halaithes, under the said
paine.
The said day, James Irwing of Cleucheid actit him-
self as cautioner and souertie for Edward Irwing, sone
to Jaffray of Robgill, that he sail compeir at his call ye
nixt day, and underly His Majesties lawes for all causis
criminall to be laid to his charge, under the pane above
written of v c . merks.
The said day, Thome Carruthers, callit of Normandie,
JEDBURGH CIRCUIT, 1622. 193
enterit upon pannel, and Williame Irwine in Auchinga-
will actit himself as cautioner for his entrie at his call
the nixt day, under the foresaid pane.
The said day, Archibald Glendining in Fiddeltonne,
enterit Andro Glendining, his brother, upon pannel,
and actit himself cautioner for his entrie to his nixt
call, under the pane of v c . merks.
The said day, William Irwing in Auchingawill,
actit himself as cautioner and sourtie for James Irwing,
his brother, that he sail compeir personallie, and enter
upon pannell, and underly his hienes lawis at his nixt
call, under ye said pane.
The said day, Thomas Jonstoune of Beirholme,
enterit John Johnestoune in Beatok upon pannell, and
actit himself anew againe, as cautioner for him for his
entrie befoir His Matties saids Commissioners at his
nixt call, under ye pane foresaid.
The said day, Johne Jardane of Apilgirthe, actit
himself as cautioner and sourtie for William Carutheris,
brother to the Laird of Howmaynes, that he, his wyf,
bairnes, men, tennents, nor servands, nor na utheris
quhom he may stop or latt, sail not truble, molest, nor
injure Johne Gask in Kirkstyle of Rwell, his wyf,
bairnes, servands, men, tennents, cornes, cattell, guidis,
nor geir uther wayes, nor be order of law and justice in
time cuming : And that he sail keip His Ma ties peice,
and all His Hienes liegis, under the pane of fyve hun-
drethe merkis money; and the said Williame Carutheris
actit, and band and obleist himself judiciallie to warrand,
freith, and relief the said Johne Jardane of Apelgirth
of his becoming cautioune for him in the premises.
R
194 ANNALS OF HAWICK.
The said day, Launcelot Murray in Arbigland, bailie
to the Laird of Cockpule,* actit himself as cautioner and
souretie for John G-ask in Kirkstyle of Rwell, that he, his
wyf, bairnes, men, tennents, nor servandes, nor nautheris
whom he may stope or latt, sail not trouble, molest, nor
injure William Carruthers, brother to the Laird of
Howmaynes, his w}rf, bairnes, men, tennents, servands,
corn, cattel, guids nor geir, utherwayes nor be order of
law and justice in tyme cuming; and sail keip His
Majesties peace to all his hienes lieges, under the
pane of fyve hundreth merks money; and the said
.John Gask actit himself to relief the said Lancelott
Murray of his becoming cautioune for him in the pre-
mises.
At Dumfries, the xxii. day of May 1622 yeirs,
being the second day of the said Court of
Justiciarie.
Sederunt : Domini Commissionarii ut in die preceden.
George Reddick in Dumfreis, Procurator-fiscal.
The quhilk day, in presens of ye said Commissionars,
being sitting in judgment, the persons under namet
being oftymes callit upon and entering upon pannell to
underly His Majesties lawis, and desyrit and remittit
thameselffis to the tryell of ane assyze.
Pannell.
Mathew Lytle in Newlandis.
Alexander and Johne Lytle, his sones, thair.
Johne Armestrang, callit Bould Jok, in Quhitlesyde.
Willie Armstrang, callit Patennes Willie.
Thomas Lytle in Barclayes.
* Laird of Cockpule, — ancestor of the Earl of Mansfield.
DUMFRIES CIRCUIT, 1622. 195
Adam Henrie in Logane,
Adam Mairtenne, son to Rob Mairteine in Logane.
Gilbert and George Irwings, callit Quhytclockis.
Walter Lytle in Bombie.
Syme Armestang, callit Quhythauch, in Meidhoip.
Hector Ellott in Rig.
George Colthart, servitor to Jaffray Irwing.
Richart Irwine, callit Gawines Ritchie.
George and Williame Litstares in Wysbie.
Johne Aitcbiesonne in Corryphen.
Thomas Warrick in Pottum.
Thomas Lytle in Dougland.
PERSONNES OF ASSYSE.
Johne Lyndsay of Auchinskeoche.
Gawine Johnstonne in Midlegill.
Robert Hereis of Killilour.
Thomas Dunbar, brother to Harbert Huntar in
Halywood.
John Thomsonne in Kirkland of Tarregillis.
Thomas Wricht in Carruquhane.
Williame Glendinning of Laggane.
David Neilsonne of Barnecaillie.
Williame Veitch of Skar.
Robert Scott, laitt bailie of Hawick.
Robert Scott, Westport in Hawick.
John Dickiesonne, pro vest of Peiblis.
Williame Ellott, laitt provest of Peiblis.
James Keine, laitt bailie of Selkirk.
William Scott, callit of the Pillaris, laitt bailie yr.
Qlkis personnes of inqueist being all resavit, sworne,
and admittit judiciallie.
Compeirit Maister Lues Stewart, advocat, as pror
196 ANNALS OF HAWICK.
for John Aitchisonne in Corryphen, and allegit that
the first poyntt of dittay is not relevant, in respect it
condescendes not that the said John Aitchiesonne was
in his awin hous quhen his brother is alledgit to cum fra
his hous, quhen he saw the guids contenet in ye dittay ;
and, farder, the dittay condescends not ye day, bot
about Michaelmas last, or yrby, in generall, so aught
nott to pass to ye tryell of assyse.
The haill inqueist abone namet chusit the said Johne
Lindsay of Auchinskeoche chancellar.
Item, quhair George and Williame Litstaris in
Wysbie, wer indytit and accusit for airt and pairt of the
thyfteous steilling, conseilling, resett, and away takin
of ane kow perteining to Johne Caruthers, callit Lang
Scheiris, furth of ye lands of Blacketrig, in November
Im vie- and twentie yeirs ; and for airt and pairt of the
thyfteous steilling, &c. of five scheip, perteining to
John Johnstonne in Wysbie, in the month of December
last. Clengit and acquite of baith.
Item, quhair Hector Ellott in Rig was indytit and
accusit for airt and pairt of the thyfteous steilling, &c.
of twa fatt scheip fra Andro Lytle in Rig, in October
Im. vie- nyneteine yeirs. Clengit therof.
Item, quhair he wer inditit for steilling, &c. of twa
yowis fra Jon Lytle in Fingland, in Marche last ; and
for ye steilling of twa yawis fra Alex. Lytle in New-
land, in November 1621 yeirs; and for the steilling,
&c. of twa yowis fra Johne Donaldsonne in Dardurane
furth yrof, in Marche last ; and for ye steilling of ane
yow fra Cristie Ellott in Rig, in Februar last ; and for
interteneing and resetting of Hector Nicolsbnne, his
DUMFRIES CIRCUIT, 1622. 197
mother's brother, and declairit fugitive and outlaw.
Clengit and acqnyte of the haill.
Item, quhair George Colthart, servitor to Jaftray
(Irwing), is accusit for airt and pairt of the steilling,
&c. of ane stott of thrie yeir auld, perteneing to John
Bell in Butter daillis ; and for airt and pairt of the
steilling, &c. of six ky and oxin fra Robert Mundell
in Tinwald, and William Makmorrane, ye first yrof in
October 1620 years ; and for the steilling, &c. of twa
ky perteneing to umqle Adam Corsane, mert burgess of
Dumfreis, furth of ye landes of Cocklekis ; and for ye
resetting, manteneing, and intercommuning with Rit-
chie Irwine in Wodhous, and Jaffray Irwine of Rabgill,
fugitives and outlawes. Clengit and acquite of the haill.
Item, q r Thome Lytle of Barclayes is indytit and
accusit for airt and part of the thyfteous steilling, &c.
of four rouch unclippit scheip fra Jon Makgill in
Kirkconnell, upon the xiii day of May instant, furth of
ye landes yrof; and for airt and part of ye steilling,
&c. of thrie laid scheip upon the said xiii day of May,
perteneing to John Fostar in Galahalis, furth of ye
lands yrof. Clengit of ye haill.
Item, q r Richart Irwing, callit Gawines Ritchie, is
accusit and indytit of airt and pairt of }^e steilling, &c.
of fyfteine wedderis, perteneing to Baillie Nicolsoune
in Parkburne, furth yrof in December 1616 yeirs ; and
for steilling, &c, resetting of ane meir perteneing to
umqle Laird of Skaillis, furth of ye landes of Skaillis.
Clengit and acquy te of thame baith.
Item, q r Syme Armestrang, Quhithauch, is accusit for
198 A1STNALS OF HAWICK.
airt and pairt of the steilling, &c. of ane carcase of salt
beiff fra Andro Lytle, blenkar in Raeburne, in anno
1619 yeirs ; and for ye steiling of ane sack of fustiane
fra James Lyndsay and his brother, pedleris and mer-
chands, furth of thair packis at Candlemas last ; and
for the steiling of thrie hors and meirs furth of Ingland,
in anno 1616 yeirs ; and for ye steiling, &c. of ane naig
fra Rob Grahame in Howend, in June 1619 yeirs.
Clengit of the haill.
Item, q r Gavine Armstrang, callit Gavine of ye Hill,
is accusit and indytit for steilling of ane meir of four
yeir auld furth of the lands of Hershaw, in May 1620
yeirs, perteining to Jon Grahame yair. Clengit therof.
Item, q r Mathew Lytle in Newlands, Alex, and
Johne Lytle his sones, yair, is indytit and accusit for
airt and pairt of the steilling, &c. of threttene cheissis,
ilk ane of thame of ten pounds wecht, out of the dwell-
ing hous of Thome Lytle in Dewglen, in November
last ; and for the resetting, supplieing, and interteneing
of Thomas Lytle in Tailend, and Wattie Batie, callit
Peggies Wattie, declairit fugitives and outlawis ; and
for the resetting of certaine scheip, stolen be the said
Thomas Lytle, fugitive, furth of ye lands of Netherbie,
perteneing to Willame Mosgrawe, Inglismanne, twa
yeirs syne or therby ; and for steilling of ane greit
swyne perteneing to Jon Lytle in Craig, and Will
Lytle yair, furth of ye Craig, ane yeir syne or yrby ;
and for the steilling, &c. of ane thrie yeir auld quey
perteneing to Johne Hoip in Craig, furth of the landes
yrof, thrie yeir syne ; and for steilling, &c. of ane yow
perteneing to Thomas Lytle in Hairlaw, furth yrof, ane
yeir syne or yrby. Clengit and acquyte of the haill.
DUMFRIES CIRCUIT, 1622- 199
Item, q r Thomas Lytle in Dowglane is indytit and
accusit for steilling, &c. of six stane of cheis fra Johne
Armestang, callit of Chingles, furth of his chalmer in
Newlandis, in Merche last. Clengit thairof.
Item, qr John Aitchisonne in Corryphen is indytit
and accusit for airt and pairt of the steilling and resett-
ing of seven ky and oxin furth of Yarrowheid, pertene-
ing to Archibald Greif, servitor to Sir Jon Murray of
Philliphaugh, Knyt, about Michaelmas last, in anno
1621 yeirs ; and for resetting and interteining of fugi-
tives and outlaws. Clengit of baith.
Item, qr Gilbert and George Irwings, callit Quyt-
clockis, in Stabiltoune, are accusit for steilling, &c. of
four scheip perteneing to Johne Irwing, callit Jok of
Luce, in October 1620 yeirs ; and for the steilling of
xiii scheip, perteneing to Thomas Bell, furth of the
lands of Sowpelbank ; and for the steilling of certane
plenishing, sik as sheittis, blanketttis, coveringis, sarks,
seckis, window claiths, and uther plenyshing, worth the
sowme j c .- lib., fra Jon Lawsonne in Stabletoun, furth
of his house thair, in September last by past ; and for
the steilling of certane claithes perteneing to Jon
Lytle, callit the King, furth of his hous in Annane ; and
for the steilling &c. of nyne yowis perteneing to John
Dobye, now in Beltenmount, in Nov. 1620 yeirs ; and for
the resetting of Jenkeine Irwing, callit Lang Jenkeine,
in Hoddame, George Bowmane and George Irwine ?
callit of Wysbie, declarit fugitives. Clengit of the haill.
Item, q r the saidis Gilbert and George Irwings,
callit Quhytclockes, are accusit and indytit for steilling,
&c. of 40 punds furth of ane kist perteneing to David
200 ANNALS OF HAWICK.
Irwing, now in Sarksheillis, than in Stabletoune, in
the month of 1616 yeirs. Fyllis George
thairof, and clengis Gilbert.
Item, q r the saidis Gilbert and George Irwines ar
accusit for the steilling, &c. of tuell scheip, perteneing
to James Irwine of Wysbie, furth therof in December
last bypast. Fyllit thairof.
Item, q r Adam Henrie in Logane is accusit for airt
and pairt of the steilling of three bolls aitts, furth of ye
barne of Craigbeck, perteneing to Capitane Jonsonne.
Clengit therof.
Item, q r the said Adam Henrie is accusit for airt
and pairt of ye steilling, &c. of seven ky and oxin,
perteneing to Archibald Grieve in Harrowheid, servi-
tor to Sir John Murray of Phillophauch, Knycht, in
ye month of October last bypast ; and for airt and
pairt of the steilling, &c. of 22 nolt, perteneing to my
lord of Lowdoun, furth of Kyllismure,* in anno 1618
yeirs. Fyllit of thame baith.
Item, q r Walter Lytle in Bombie, callit Wattie
Kinds, is accusit for airt and part of the steilling, &c.
of 5 oxin, perteneing to Mairtenne Jonstonne in
Arkieknow, in anno 1619 yeirs ; and for the steilling
of twa yowis, perteneing to James Armestrang of
Cannabie fyve yeir syne or therby ; and for steilling
of ane uther yow twa yeir syne or yrby, perteneing to
the said James Armestrang ; and for the steilling of
uther twa yowis fra the said James Armestrang in
winter last. Fyllit of the haill.
* Kyllismure in the county of Ayr.
DUMFRIES CIRCUIT, 1622. 201
Item, q r the said "Walter Lytle is accusit and in-
dytit for airt and pairt of the steilling, &c. of 6 nolt
perteneing to Rob Burges, in the baronie of Ros, in
anno 1617 yeirs ; and for the steilling and resetting of
of 9 nolt, perteneing to the Ladye Jonstoune, out of
Elven water, thrie yeir syne or yrby ; and for the
steilling of twa scheip, perteneing to Walter Scott in
Mylneholme, out of Mylneholme, at Martimas last ;
and for the steilling of ane yow fra Will Murray in
Tailend ; and for the steilling of ye haill insicht of
Jon Lytle in Brackanrie, alias Jok Peirrie, his hous,
worth xx lb ; and for the burneing of Andro Lytle his
hous in Borabie. Clengit of ye haill.
Item, q r Adam Mairtenne, sone to Rob Mairtenne
in Logane, is accusit for ye steilling, &c. of ane bull
about Martimas last, perteneing to Symont Jonstonne
of Wodheid, and of twa irne bands stolin be him off
the yet of Potorknow in April 1620 yeirs. Fyllit of
baith.
Item, qr Jon Armestrang, callit Bauld Jok in Hair-
law, is accusit for steiling, &c. of 3 scheip, perteneing
to Richart Wittie, miliar at Hairlawmylne, furth of ye
lands of Rutherfurde, upon the 9 day of May last ;
and for steilling of 2 scheip perteneing to the said
Richart Wittie, furth of the said lands, upon the 14
day of May instant. Fyllit of baith.
Item, q r Thomas Warrick in Pottem, is accusit for
airt and p* of the steilling, &c. of twa of the 4 stotts
stolin of the lands of Blacketburne, about Lambnes
gane ane yeir, perteneing to Mr Cuthbert Heroune of
Schipchal. Fyllit yairof.
202 ANNALS OF HAWICK.
Apud Dumfreis, xxiij die mensis Maij 1622. —
Sederunt, Domini Commissionarij ut in die
preceden. Tertio die Curie Justiciarie pre-
dict.
Georgius ReddicJc, procurator dictce Curice.
The said day, Thomas Kennydie of Halaithes,
enterit Adam Johnstonne in Lochmaben upon pannel,
and requyrit instruments that he might be frie of his
caution for his entrie.
The said day, in presens of the saids Commissioners,
being sitting in judgment, eompearit James Irwine of
Cleugheids, and enterit Edward Irwine, sone to JafFray
Irwine of Robgill, and yairafter actit himself as cau-
tionar and souertie for the said Edward, that he sail
keip his Majesties peice to his hienes liegis in all tyme
coming, under the pane offyve hundreth merks money,
and to relieif his said cautioner.
The said day, Williame Irwin in Auchingawell,
enterit Thomas Caruthers, callit of Normandie, upon
pannel, qrupon he askit instruments, and desyrit to be
freid of his act of cautionrie, qlk wes grantit.
The said day, William Irwine in Auchingawell,
enterit James Irwine his brother upon pannel, befoir
his Ma ties said Commissionars, qrupon he askit instru-
mentis to be freid of his act of cationrie.
The said day, Archibald Glendinning in Fiddel-
toune, and Jon Grahame in Thicksyde, enterit Hob
and Andro Grlendonnings in Logane, upon pannell,
qrupon they askit instrumentis, and immediatelie
DUMFRIES CIRCUIT, 1622. 203
yairafter actit thameselfis judiciallie as canrs and sour-
ties, conjunctlie and severallie, for Lancie Glendonning
in Logane, the saids Hob and Andro Glendonningis
yr, that they, and ilk ane of thame, sail compeir per-
sonallie before his Maties Commissionars, the next
Justice Court to be haldin be thame within the bounds
of thair Commissione, and underly his Ma ties lawis for
all that is to be laid to either of yair chargis, under the
pane of fyve hundreth merkis money, and actit thame-
selffis to relieff yair said cautioners of the premises.
The said day, Andro Murray of Morriequhat, en-
tered upon pannell, whereupon he askit instruments,
and immediately thereafter acted himself judicially as
cautioner and surety for the said James Murray (his
father's brother), that he shall compear personally be-
fore his Majesty's said Commisioners, the next Justice
Court to be holden by them within the bounds of their
Commission, and underly his Hienes' laws for all
that is to be laid to his charge, under the said pain of
v c . merks money.
The said day, Thomas Kennedy of Halaithes, en-
terit Francie Chalmeris in Brunmell, qrupon he askit
instruments, and immediatlie thereafter actit himself
as cautionar and souertie for him, that he sail com-
peir personallie befoir his Matties saids Commissionars
the next Justice Court to be haldin be thame within
the bounds of yair Commission, and underly his hienes
lawis for all that is to be laid to his charge, under the
said pane of fyve hundreth merks money ; and that he
sail keip our Souerands peace to all his hienes liegis
in tyme comeing, and that he sail compeir befoir the
Lordis of Secret Counsall, or befoir his Ma ties Com-
204 ANNALS OF HAWICK.
missionars appoyntit for keiping of his hieness' peace,
upon six days warning, under the said pane of v c .
merks money.
The said day, James Irwin of Cleugheids, enterit
Adam Gibsonne in Robgill, and immediately yrafter
actit himself as caut r and souertie for the said Adam
Gibsonne that he sail compeir personallie befoir his
Ma ties said Commissionars the next Justice Court to
be haldin be thame within the bounds of thair Com-
missione, and underly his hieness' lawis for all that is
to be laid to his charge, under the pane of v c . mks.
The said day Robert Dinwiddie in Hanganschaw,
enterit David Dinwiddie beneth ye Brae, and immedi-
ately yrafter actit himself judiciallie as caer and
sourtie for the said David, that he sail compeir per-
sonallie befoir his Ma~ties saids Commisioners the nixt
Justice Court to be haldin within the bounds of yair
Commissione, and underly his Ma'ties lawis for all
that is to be laid to his charge, under the s d pane of
v c . mkis.
The said day, Thomas Jonsonne of Keirholme, en-
terit in presens of the saids Commissioners Jon Jon-
soune of Beatok, qrupon he askit instruments.
The said day, Alex r . Armestrang in Dalbeth, en-
teret in p~ns of the saids Commissioners Thomas Lytle
in Scheill, James and Cristie Lytles, his brether;
qlkes personnes wer yrafter dismist be the saids Com-
missioners, and remitit to Jon Maxwell, callit of Cow-
hill, to take cautioune of thame for yair behaviour.
DUMFRIES CIRCUIT, 1622. 205
The said day, the said Alex r . Armestrang in Dal-
beth, enterit Adam Baetie in Scheill, qrupon he askit
instruments, and immediately yrafter actit himself as
caur and souertie agane for the said Adam Batie, that
he sail cdpeir personallie befoir his Ma ties saids Com-
missioners the nixt Justice Court to be haldin within
the bounds of yair Commissione, and underly his
Ma ties lawis for all that is to be laid to his charge,
under ye said pane of v c . merks.
The said day, Johne Mathiesonne in Torroran, in
p~ns of ye saidis Commissionars, actit himself as caur
and souertie for Andro Mathiesonne in Keir, that he
sail co~peir personallie befoir his ' Matties said Commis-
sioners, the nixt Justice Court to be haldin be thame
within the bounds of their Commissionne, and underly
his Ma ties lawis for all that is to be laid to his charge,
under the pane of v c . merks, money forsaid.
And sick lyck actit himself as caur for the said
Andro Mathiesonne, that he sail compeer befoir ye
Lords of Secret Counsall, or befoir his Matties Com-
missionars appoyntit for keiping of his hienes' peace,
upon six dayes warneing, and answer to any ryott to
be layde to his charge, and sail keip his hienes peace
to all his Ma ties lieges in tyme coming, under ye said
pane of v c . merks.
The said day, Robert Forsyth in Manieholme actit
himself as cautionar and souertie for David Forsyth in
Hoddame, that he sail compeir personallie befoir His
Matties said Commissionars, the nixt Justice Court, to
be holden within the bounds of thair commissioun, and
206 ANNALS OF HAWICK.
underly His Ma~ties lawis for all that is to be laid to
his charge, under ye said pane of v c . merks money.
The said day, Willie Armstrang, callit Bauld, in
Quhisgillis, in pns of y e said Commissionars, actit
himself judiciallie as caur and souertie for Johne Arm-
strang, callit of Tueden, that he sail copeir personallie
hefoir His Ma ties said Commissionars, the nixt Justice
Court to be haldin be thame, within the bounds of thair
said commissione, and underly His Ma ties lawis for all
that is to be laid to his charge, under y e said pane of
ane thousand merkis money.
The said day, Robert Jonsonne of Corheid, in p ns of
the said Commissionars, actit himself judiciallie of his
awin consent, that he sail copeir personallie before His
Ma ties said Commissionars, the nixt Justice Court to
be halden within the bounds of thair commissione,
without any citatioune, and underly His Hienes lawis
for all that is to be laid to his charge, under the pane
of I m merks money.
The said day, Johne Mairtene in Skellnaill, actit
himself as cau r . and souertie for Thomas Mairtene in
Erickstane, that the said Thomas sail co~peir personallie
befoir His Ma ties said Commissionars, the nixt Justice
Court to be halden within the bounds of thair commis-
sione, without any citation, and underly His Hienes
lawis for all that is to be laid to his charge, under the
pane of v c . merks money.
The said day, James Moffett in Hilhous, actit him-
self judiciallie as cautionar and souertie for Leonart
DUMFRIES CIRCUIT, 1622. 207
and Walter Wilsonnes, baith in Erickstane, that thay,
and ilk ane of thame, sail compeir personallie befoir His
Ma~ties said Commissionars, the nixt Justice Court to
be halden within the bounds of thair commissione be
thame, without any citationne, and underly His Hienes
lawis for all that is to be laid to his charge, under the
said pane of v c . merks for ilk ane of thame.
The said day, Rowie Nicksoune in Brighouscleugh-
heid, actit himself judiciallie, of his awin consent, That
he sail compeir personallie befoir His Maties saids
Commissionars, the nixt Justice Court to be halden be
thame within the bounds of yair commission, without
any citationne, and underly His Hienes' lawis for all
that is to be laid to his charge, under ye said pane of
v9. merks.
The said day, Archibald Lytle in Conhease, and
Adam Pott in Fingland, actit thameselfs judiciallie, in
p"ns of the said Commissionars, as caurs, conjunctlie and
seuverallie, for Archibald Lytle, some time in Barclaes,
now in Yet, that he sail compeir personallie befoir His
Ma"t es saids Commissionars, the nixt Justice Court to
be haldin within the bounds of thair commissionne be
thame, without any citationne, and underly His Hienes
lawis for all that is to be laid to his charge, under the
pane of ane thousand merks money.
The said day, Syme Armstrang, callet of Tuedden,
actit himself, of his awin consent, that gif he fand not
cawtionne to Robert Pringle, Bailie to the Erie of Buck-
cleughe, that he sail co"peir personallie befoir His
Ma ties saids Commissionars, the nixt Justice Court,
and underly His Hienes' lawis for all that is to be laid
208 ANNALS OF HAWICK.
to his charge, within aucht days, he sould, of his awin
consent, be decernit and declairit fugitive and outlaw
fra His Ma ties lawis.
The said day, James Irwine of Clenghheeds, actit
himself cawtioner and souertie for Thomas Carutheris
in Normandie, that he sail compeir personallie befoir
His Matties saids Commissionars, the nixt Justice
Court to be haldin within ye bounds of y r commissioune,
and underly His Hienes' lawis for all that is to be laid
to his charge, under y e said pane of v c . merkis money.
The said day, Edward Irwine of Wysbie, actit him-
self as cawtionar and seuertie for James Irwine, his
brother, that he sail compeir personallie befoir His
Ma ties saids Commissionars, the nixt Justice Court to
be halden be thame within the bounds of yair saids
commissioune, and underly His Hienes lawis for all
that is to be laid to his charge, under y e pane of v c .
merkis foresaid.
The said day, Richart Graham callit of Cannabie, and
Alex. Armstrang, sone to Francis Armstrang, callit of
Kinmonth, actit thameselffis, con lie and severallie, for
Francis Graham, callit of Cannabie, that he sail co~peir
befoir His Maties saids Commissionars the nixt Justice
Court to be haldin be thame within the bounds of yair
commissionne, and underly His Hienes lawis for all
that is to be laid to his charge, under the said pane of
v c . merks.
The said day, Gilbert Johsonne, callit of Corheid in
Capelgill, actit himself judiciallie as cawtionar and
souertie for Will Hall, in Wraithes, that he sail co~-
DUMFRIES CIRCUIT, 1622. 209
peir personallie befoir His Ma ties saids Commissionars,
the nixt Justice Court to be halden be thame within
the bounds of yair commissioune, and underly His
Hienes lawis for all that is to be laid to his charge,
under the pane of v c . merks money foresaid.
The said day, Bernard Reid, in Park, actit himself
judiciallie as caw r . and souertie for Thomas Reid, in
Logane, that he sail co'peir personallie befoir His Ma -
ties saids Commissionars, the next Justice Court to be
halden be thame within the bounds of thair commis-
sionne, and underly His Hienes lawis for all that is to
be laid to his charge, under the said pane of v c . merks.
The said day, Symont Caruthers in Thornick, and
David Corrie in Park, actit thameselfis conjunctlie and
severallie, for Robert Carutheris in Logane, that he sail
compeir personallie befoir His Maties saids Commis-
sionars, the nixt Justice Court to be halden be thame
within the bounds of yair commissioune, and underly
His Hienes lawis for all that is to be laid to his charge,
under y e said pane of v c . nf ks, and to relief his esw n .
in the premisses.
The said day, Walter Bell in Geddisbrig, actit him-
self as caw~r and souertie for David and William Bellis,
in Stanybeck, that thay, and ilk ane of thame, sail co -
peir personallie befoir His Ma ties saids Commissionars,
the nixt Justice Court to be halden be thame within
the bounds of yair commissioune, and underly His
Hienes' lawis for all that is to be laid to either of thair
chargis, under the pane of v c . merks for ilk ane of
thame.
s
210 ANNALS OF HAWICK.
The said day, Jon Cairleill of Brackanquhat, actit
himself judiciallie, as cawtionar andseuertie for Fergie
Bell, callit the Craw, that he sail compeir personallie
befoir His Ma ties saids Commissionars, the nixt Jus-
tice Court to be haldin be thame within the bounds of
yair commissionne, and underly His Hienes lawis for
all that is to be laid to his charge, under the pane of
fyve hundreth merks money foresaid.
The said day, Randie Bell in Geddesbrig, and Wal-
ter Bell, younger of Nwik, actit thameselfis, conjunct-
lie and severallie, as caw'rs and seuerties for Walter
Bell, callit Oswallis Wattie, that he sail compeir per-
sonallie befoir His Matties saids Commissionars, the
nixt Justice Court to be haldin be thame within the
bounds of yair commissioune, and underly His Hienes'
lawis for all that is to be laid to his charge, under ye
said pane of v c . merks money foresaid.
The said day, Johne Broune, in Lochgill, actit him-
self judiciallie, as caw~r and souertie for Edward Jon-
sonne of Seyfield, that he sail compeir befoir His Ma -
ties saids Commissionars, the nixt Justice Court to be
haldin be thame within ye bounds of thair commis-
sionne, and underly His Hienes' lawis for all that is to
be laid to his charge, under ye said pane of v c . merks.
And sicklyck, actit himself as caVr and seuertie for
the said Edward, that he sail co~peir befoir ye Lords of
Secreit Counsall, or befoir His Ma ties saids Commis-
sionars, appoyntit for keiping of His Hienes' peace, up-
on sex dayes warning, and ans~r for any ryott that is
to be laid to his charge, and that he sail keip His Mat-
ties peace to all his lieges in time cumming, under the
said pane of v c . m~kis money.
DUMFRIES CIRCUIT, 1622. 211
The said day, Archibald Thomsonne, in Knock, actit
himself as cawtionar and souertie for Andro Batie in
Scheill, that he sail co peir personallie befoir His Mat-
ties saids Commissionars the nixt Justice Court to be
halden be thame within ye bounds of yair commis-
sionne, and underly His Hienes' lawis for all that is to
be laid to his charge, under ye said pane of v c . merkis.
The said day, David Dalrymple, Notar in actit
himself as cawtionar and souertie for Adam Lintonne,
in Quhais, that he sail compeir personallie befoir His
Ma~ties saids Commissionars, the nixt Justice Court to
be haldin be thame within the bounds of yair commis-
sione, and underly His Hienes lawis for all that is to
be laid to his charge, under the pane foresaid.
The said day, the personnes under namet being
callit upon, and entering upon pannell, Past to
the tryell of the assyse following.
PANNELL.
Adam Jonsonne in Lochmaben.
Adam Fairreis in Overmossop.
Archie Armstrang, callit Rowes Archie.
Geillis Roriesonne in Glencairn.
Thomas Moffett, servitor to Mathew Wilsonne in
Greenhill.
Johne Broune in Kirklayne.
PERSONES OF INQUEIST OR ASSYSE.
Johne Lyndsay of Auchinskeoch.
Robert Hereis of Killilour.
212 ANNALS OF HAWICK.
Thomas Hunter, brother to Robt. Hunter in Haly-
wode.
John Thomsonne in Kirkland of Tarregillis.
Williame Glendonning of Laggane.
Thomas Wright in Carnquhane.
David Neilsonne in Barnecaillie.
Williame Welsche of Skar.
Robert Scott, laitt Baillie of Hawick.
Johne Dickiesonne, Provost of Peiblis.
Williame Eliot, laitt Provost of Peiblis.
James Keine, laitt Bailie of Selkirk.
William Scott, callit of the Pillaris, yr.
James Armstrang, callit of Cannabie.
Johne Turnbull of Howden.
The haill personnes of inqueist ressavit, sworne, and
admittit judiciallie.
Qlkis personnes of inqueist, electit and chusit the said
Johne Lindsay of Aucheinskeoch, chancellor.
Item, quhair Johne Broune in Kirklayne, is accusit
for airt and pairt of the cruel slauchter of umqle George
Jhonsonne in Bowneis, allegit committit be him upon
the xxi day of Marche last bypast, uponn the ground
of ye lands of Boykeme. Clengit yrof.
Item, quhair Adam Fairries in Overmossop, is accusit
for resetting of ane grey meir, quhyt facet, pertaining
to Lawrens Scott, stollinfurth of the lands of Harperrig,
be Francie Jonsonne, calat of Hungrie hilis, in Junii
1620 yeirs. Clengit yrof.
And for the resetting of ane broune bellit meir, stollin
out of Ingland be Mathew Tally eor, callit Erleshauch,
DUMFRIES CIRCUIT, 1622. 213
five yeir syne or yairby, and for resetting and inter-
teneing of fugitives and outlawis, and in speall, James
Johnstonne of Brackensyd. Clengit of the haill.
Item, quhair Adam Jonstonne in Lochmaben is ac-
cusit for the steilling of sevin scheip perteneing to
Archd. and William Jonsonnes, sones to the Laird of
Eshiescheills ; and for steilling, &c. of ane scheip per-
teneing to Gib. Jardane in Lochmaben, in winter last.
Clengit of baith.
Item, quhair Archie Armestang, callit Rollies
Archie, in Broomholme, is accusit for airt and pairt of
ye steilling of ane gray naig, of four yeir auld or
yrby, furth of ye lands of Nether Mylne steidis, fra
Jok Grahame alias Tuillie, ther. Clengit therof.
Item, q r Geillis Roriesoune in Glencairne, is accusit
for airt and pairt of ye steilling of ane irne gavilok
perteneing to Cuthbert Hairstanes in Penfillame, in
July 1616 yeirs ; and for ye steilling fra umqle Jeane
Grier, guidwyf of Pundland, in October 1613 yeirs, of
ane gray coler wob of claith ; and for ye steilling of
ane spaid furth of ye house of Jon Huddelstonne, in
Junij 1618. Clengit of the haill.
Item, quhair Thome Moffatt in Hietae is accusit for
the steilling of ye soume of four hundreth merkis
money out of Mathew Wilsonne, baillie of Lochmaben
[his house], in the monethe of Apryl last by past.
Fyllit thairof, and putt in ye Judges will.
PERSONNES CONVICT AND EXECUT.
The said day, in jTns of the saids Commissionars
214 ANNALS OF HAWICK.
sitting in judgment, Johne Armestrang, callit Bauld
Jok, was condampnit and ordainit to be drownet in the
wattir of Nith, ay quhill he be deid.
And Adam Henrie in Logane, Gilbert and George
Irwingis, callit Quhytclockis, Walter Lytle in Bombie,
and Thomas Moffatt in Hietae are, ilk ane of thame,
adjudgit and condampnit to be taken to the place of
execution in Dumfreis, and ther to be hangit be the heid
ay and ql 1 thay be deid, as was pronouncit in judgment
be ye mouth of the said Jon Douglas, dempstar.
PERSONNES CONVICT AND CONTINEWIT .
The said day, Thomas Warrik in Pottome, and
Adam Mairteine, sone to Rob Mairteine in Logane, ar
convict, and continewit, and remittit to the counsall be
the saids commissionars.
The said day, the personnes undernamet being law-
fullie summoneit and arreistit to haif compeirit befoir
his Maties Commissionars this p~nt Court halden at
Dumfreis, and thay being daylie callit upon during the
space thairof, and last upon the said xxiii day of Maij
I m * vi°. twentie-twa yeirs, being ye third and last day
of ye said Court, to haif underlyin his Ma ties lawis for
certane crymes of thiffc, and uthers, conteint in yr par-
ticular dittays, with certification, that thay and ilk ane
of thame, sould be declairit fugitives and outlawis fra
his hienes' lawis, and all yr movable guids and geir
sould be escheit and inbrocht to his hienes' use, &c,
viz. James Jonsonne of Lochous, Robert Graham his
servitour, James Dowglas his servitour, James Jon-
stonne in Croftheidis, James Jonsonne of Braikansyd,
callit auld Jamie, Willie Aitchiesonne in Poternoll,
Jaffray Irwine of Robgill, Crystie Irwine his sone,
JEDBURGH CIRCUIT, 1622. 215
Alex. Broune in Boykeine, Thomas Tagart in Chapel-
know, Johne Irwing alias Lytle boy, in Stapletoune,
Gib Irwing alias Gib Alangsyd, Margrat Armestrang,
callit Wairdan, Thome Armstrong hir sone, Richart
Irwing of Wodhouse, Williame Mackcaig in Porters-
toune, Geordie Armestrang callit Archies Geordie, and
Williame Robsonne in Hilhous ; Quhilkis personnes be-
ing as said is, oftymes callit upon, and nott coperit, thay
and ilk ane of yame wer declairit publictlie thrie
seuerall tymes outlawis and fugitives fra His Hienes'
lawis, and all yr movable guids and geir ordanit be His
Ma~ties said Commissionars to be escheit and inbrocht
to His Hienes use, for yr contemptioune ; qlk was done
as was pronuncit in judgment be ye mouth of Jon
Douglas, dempstar of ye said Court. •
The said day, James Gordonne, brother to Sir Robert
Gordonneof Lochinvar, Knyt-, actit himself as cau r - and
souertie for Williame Portar in Porterstoune, that he
sail copeir befoir His Ma~ties Commissionars the nixt
Justice Court, to be haldane be thame within the bounds
of yair jurisdictione, except the nixt Court to be halden
be yame at Jedburgh the 27th of August nixt, under
the pane of v c - merks money.
The Court of Justiciarie, haldin at Jedbrugh,
within the tolbuithe yrof, upon the xxvii
day of August I m . vi c - and twentie-twa yeiris,
be the Rycht Noble and Michtie Erie Walter,
Erie of Buckcleughe, Lord Scott of Quhit-
chester and Esdaill, Williame, Lord Crans-
toune, Sir Andro Ker of Oxnam, Knycht
216 ANNALS OF HAWICK.
M r - of Jedbrugh, Sir Williame Seytoune of
Kyllismure, Knycht, and Sir John Murray of
Philliphaugh, Knycht, Commissioneris and
Justices to our Souerane Lord within the
boundis of the Sheriffdomes of Roxbrugh,
Selkirk, Peiblis, Berwick, Dumfreis, and
Stewartries of Annandaill and Kirkcudbrycht,
Be vertew of His Majesties conimissioune,
under His Hienes Greit Seall ; Robert Scott,
John Black, messingeris ; and Williame
Carnwath, officeris therto ; William Jenkie-
soune, dempster.
The Court lawchfullie fenssit.
The.squhilk day, in p ns of his Maties saids Com-
missionares being all sitting in judgment, George Ker,
fiar of Cavers, being callit upone, enterit Andro Gib-
biesoune upon pannell, and desyrit that he micht be
fred of his band of cawrie, qlk wes grantit ; qrupon he
askit instruments.
The said day, Johne Ainslie, bailie of Jedbrugh, and
James Hassuell, chirurgeone, enterit Williame Douglas
of Quhitrig upon pannell, and desyrit that thay micht
be fred of their band of cawtionarie for him, qlk wes
grantit ; qrupon thay askit ins~ts.
The said day, Thomas Kennedye of Halaithes, en-
terit Francis Chalmeris of Broommell upon pannell,
and desyrit that he micht be fred of his act of cawrie,
qlk wes grantit ; qrupon he askit instrumenttes.
The said day, Johne Mairtene in Skellinaill, enterit
Thome Mairtene in Erickstane upon pannell, and de-
JEDBURGH CIRCUIT, 1622. 217
syrit that he micht be fred of his act of caw~rie, &c. ;
qrupon he askit instruments.
The said day, Will James, Inglismane, enterit
George Tumor in Quhitliesyd upon pannell, and de-
syrit yat he micht be fred of his act of caw~rie, qlk
wes grantit ; qrupon he askit ins~ts.
The said day, Williame Wighame in Pairterburne,
enterit Jon Wighame, man to Quhitliesyd, upon pan-
nell, and desyrit that he micht be fred of his act of
caw"rie, qlk wes granted ; qrupon he askit insets.
The said day, David Dalrymple, notar, enterit
Adam Lintonne in Quharis, upon pannel, and desyrit
that he micht be fred of his act of caw rie ; qrupon he
askit instruments.
The said day, James Moffett in Halhous, enterit
Leonart and Walter Wilsonnes in Erickstane, upon
pannell, and desyrit that he micht be freid of his act
of caw~rie, qlk was grantit ; qrupon he askit instru-
ments.
The said day, Andro Tagart in Quhitenstellis, en-
terit Gawin Tagart, sone to Thome Tagart in Kirtle-
heid, and desyrit yat he might be fred of his act of
caw~rie, qlk wes grantit ; qrupon he askit instruments.
The said day, David Dalrymple, notar, enterit
Patrick Ewart in Lochmaben upon pannell, and de-
syrit yat he micht be fred of his act of cawVie, qlk wes
grantit ; qrupon he askit ins'ts. Qlk Patrick Ewart
T
218 ANNALS OF HAWICK.
wes yrafter dismist be ye saids Commissionars, to be
anew arrested agane.
The said day, James Irwing of Cleugheids, desyrit
that he micht be fred of his act quhair he was bund for
the entrie of Edward Irwing, sone to Jaffray of Rob-
gill, in respect that the said Edward wes deid, qlk wes
grantit be ye saids Comm rs -, and he dischargit yairof.
The said day, "Willie Armestrang, callit Bald, en-
terit Johne Armestrang, callit of Tuedden, upon pan-
nell, and yairafter in p~ns of his Maties saids Com-
missionars being all sitting in judgment, actit himself
as cawr and souertie for the said Johne, that he sail
compeir personallie befoir his Ma ties saids Comnfrs the
next Justice Court to be halden be thame within the
bounds of yair Commissione, and underly his Maties
lawis for all that is to be laid to his charge, under ye
pane of ane thousand merks money, &c.
The said day, Edward Irwine of Wysbie, enterit
James Irwine upon pannell, and protestit yat he micht
be fred of his caw~rie for him, qlk was grantit ; qrupon
he askit instruments.
The said day, Johne Browne of Lochhill, enterit
Edward Jonstonne of Seyfield ; qrupon he askit ins'ts.
Quha yairafter wes dismist be ye saids Commissionars
to abyd yair will within the burgh of Jedburgh.
The said day, Adam Turnbull in Hartshaugh, and
Adam Turnbull, enterit James Turnbull, sone to
Willie of Braidhauche upon pannell, and protestit that
JEDBURGH CIRCUIT, 1622. 219
they micht be frie of yair caw*rie for him, qlk wes
grantit ; qrupon they askit instruments.
The said day, Robert Ellott of Reidheuch, enterit
Rowie Croser in Hartsgarth upon pannell, and immedi-
atlie yrafter actit himself judiciallie in p~ns of ye saids
Commrs anew agane as caw~r and souertie for the said
Rowie Croser, that he sail compeir agane befoir his
Ma ties said Commrs the next Justice Court to be
haldin be thame within the bounds of yair Commis-
sione, and underly his Matties lawis for all that is to
be laid to his charge, under ye pane of fyve hundrethe
merkis money ; and ye said Rowie Croser actit himself
to relief his said cautionar in ye premisses.
The said day, Walter Jonsonne, callit of Wynd-
holme, enterit the lang Laird Hoddome upon pannell,
and desyrit that he micht be frie of his caw'rie ; qr-
upon he askit insets.
The said day, James Jonstoune of that ilk, enterit
Williame Jonsonne of Brigmure, James Jonsonne his
brother, Robert Somervell in Smailholme, Johne Jon-
sonne in Beatock, Johne Jonsonne in Kirkland, James
Irwine of Cleugheids, Jok Jaksonne alias Cothe Geordie
Jonsonne in Greitheid, Williame Irwine elder and
younger of Kirkconnel, William Smyth in Yett,
Willie Jonsonne in Auld Wallis, and yrafter actit
himself as cawY and souertie for thame, that thay, and
ilk ane of thame, sail copeir personallie befoir his
Ma ties saids Commissionars the next Justice Court to
be halden be thame within the boundis of yair com-
missione ; and ordanes thame, and any of yame, to be
anew arrested gif yair be any new complaintes aganis
220 ANNALS OF HAWICK.
thame or any of thame, upon fyfteine dayes warneing
to be maid to the Laird of Jonstonne, be any of Sir
Robert Greirsounes of Lag, his servands and companies
of befoir.
The said day, Jon Mairteine in Skaelinaill, and
Henrie Mairteine in Kirkbedrig, enterit Gilbert Mair-
teine in Suyre, and desyrit that he micht be fred of
his cawrie for him ; qrupon he askit instrumentis, quha
yrafter wes dismist be ye saids Commissioners to ane
new citaciounne.
The said day, James Jonstonne, elder in Willies,
enterit Gilbert Hutchiesoune in Willies, and desyrit
yat he micht be frie of his caw~rie for him ; qrupon he
askit instruments.
The said day, Robert Dinwiddie in Hangandschaw,
enterit Williame Hutchiesoune in Halbeckis, and pro-
testit that he micht be frie of his cawrie ; qrupon he
askit instruments.
The said day, Gawin Hendersoune in Bagray, en-
terit Walter Jonstoune in Wyndholm upon pannell,
and protestit that he micht be frie of his caw~rie qr-
upon he askit instruments.
The said day, John Mathiesoune in Torroren, enterit
Andro Mathiesonne in Keir upon pannell, and pro-
testit that he micht he frie of his said caw~rie ; qrupon
he askit instruments.
The said day, Archibald Irwin in Conneathes, and
Adam Polton in Fingleit, enterit Archibald Lytle,
JEDBURGH CIRCUIT, 1622. 221
sum tyme in Barclayes, now in Pottum, upon pannell ;
qrupon thay askit instruments.
The said day, John Mureheid in Barfadheane, and
Jon Scott in Librae, enterit Jon Murrein in Morin-
toune upon pannell, and protestit that thay micht be
frie of yair said caWrie ; qrupon thay askit instru-
ments. Qlk Jon Murreine wes yrafter dismist be the
saids Commissionars, and putt to libertic, qll he wer
anew againe arrestit, &c.
The said day, James Milliekenne in Blackmyre, en-
terit Fergus Milliekein in Dunscoir upon pannell, and
yrafter actit himself anew agane as cawtionar and
souertie for the said Fergus, that he sail compeir per-
sonallie befoir his Matties saids Commissionars the nixt
Justice Court, to be halden be thame within the
bounds of yair commissione, and underly his Ma'ties
lawis for all that is to be laid to his charge, under ye
pane of v c . merkis.
The said day, Geordie Bridge in Dailbank, enterit
Johne Broune in Gairthend upon pannell, and protestit
that he micht be frie of his act of caw~rie ; qrupon he
askit instruments.
The said day, Jon Taggart and Gawin Taggart,
sons to Thome Taggart in Kirtleheid, actit thame-
selffis, conlie and severallie that they sail compeir
personallie befoir his Ma'ties said Commissionars the
nixt Justice Court to be halden be thame within the
bounds of yair commissioune, and underly his hienes
lawis for all that is to be laid to yair charges, under
the pane of fy ve hundreth merkis money, and declair-
222 ANNALS OF HAWICK.
ing of thame fugitives and outlawis of yair awin con-
sents
The said day, Williame Douglas of Quhitrig, actit
himself judiciallie that he sail compeir personallie the
nixt Justice Court befoir his Maties saids Commis-
sionars, to be halden be thame within the bounds of
thair commissioune, and underly his hienes lawis for
all that is to be laid to his charge, under ye pane of
fyve hundreth merkis money, and of consent to be ane
fugitive and outlawe fra his hienes lawis.
At Jedbrugh, the xxviii day of August, being
the second day of ye said Justice Court,
halden therat, 1622 years.
Sederunt: Domini Commissionarji ut in die preceden.
The quhilk day, in p*ns of His Matties saids Com-
missionaris, being sitting in judgment, the persounes
undernamet being callit upoun, and entering in upoun
pannell, wes putt to the tryell of assyse following.
Persounes upon pannel putt to the tryall of assyse : —
Jok and Andro Wighames in Quhitliesyd.
George Tumour, thair.
Walter Ker in Lintoune.
Johne and Thomas Frissellis, sons to the Laird of
Overtoune.
John Tait in Dowknow.
Jok Lytle in Strandis.
Will Parker in Skamerig.
Syme Jonstoune, servitour to Cristie of ye Bankis.
Williame Kae in Deidmanrig.
JEDBURGH CIRCUIT, 1622. 223
James Turnbull in Braidhauche.
Williame Bell, callit Jonies Willie.
Willie Bell in Holmeheid.
Archie Lytle in Pottum.
Johne Young in Cessfurde.
James Quhytt.
Andro Hamiltoune, vagabound.
Lang Laird Hoddame.
Walter Jonstoune in Wyndholme.
PERSOUNES OF ASSYSE.
Walter Gledstannis in Quhitlaw.
Walter Riddell in Wodhous.
Williame Scott, callit of ye Pillaris.
Williame Ellott, baillie of Selkirk.
Robert Scott, Westport in Hawick.
John Govane of Cardrono.
Johne Dickiesonne, provost of Peiblis.
Francie Armestrang, callit of Kinmonth.
Robert Scott, baillie of Hawick.
Williame Dauidsonne of Samieston.
Gawin Jonsoune in Midlegill.
David Pringle of Howmanne.
Williame Turnebull in Tour.
Robert Scott, callit of Altoune, baillie of Hawik.
Henry Davidsonne in Holfield.
The haill persounes of inqueist ressavit, sworne, and
admitit.
Qlkis persounes of inqueist electit and chusit the
said W~am Dauidsonne of Sameistoune, chancellar.
Item, q r James Turnebull, sone to Willie Braid-
hauch, is indytit and accusit for airt and pairt of ye
224 ANNALS OF HAWICK.
thyfteous steilling, conceilling, ressett, and away
taken of twentie-four scheip furth of the landes of
Hairrlesyd, at seuverall tymes, about Mertimes last or
yrby, perteneing to Williame Douglas, fear of Cavers,
and his tennenttis. Clengit thairof.
Item, q r Williame Kae in Deidmanrig, is indytit
and accusit for airt and p* of the thyfteous steilling,
conceilling, ressett, and away takin of ane browne
meir, perteneing to umqle Nickkie Aitchiesoune in
Craikhauch, stollen be James Grahame in Bedhokholme
fyve yeirs syne or yrby, be ane outlaw, and ressett be
him. Clengit thairof.
Item, qr Will Parker in Skamerig is accusit for airt
and pairt of ye steilling of half ane boll meill and
grottis fra Will and Thome Robisonnes in Skamerig.
in August instant, furth of the lands yrof ; and for the
steilling, &c. of four bollis meill furth of the multure
hous of ye mylne of Jonstoune, at severall tymes, four
yeirs syne or yrby. Clengit of baith.
Item, q r Syme Jonstoune, servitor to Cristie of ye
Bankis r is indytit and accusit for airt and pairt of ye
thifteous steilling, conceilling, ressett, and away takin
of ane kow, perteneing to Nikkie Foster in Wodhous,
furth of ye land of Wodhous, about Yuill last or yrby.
Clengit yrof.
Item, qr Jok Lytle in Strandis is indytit and accusit
for the thyfteous steilling, concelling, resett, and away
takin of twa yoow scheip, perteneing to Jon Bell in
Midleschaw, in August instant, furth of ye landis of
Midleschawj and for the thyteous steilling of four
JEDBURGH CIRCUIT, 1622. 225
punds money of yis realme, and twa ellis of lyneing,
fra Rob Grahame, sone to Jok o' Dryf, at Ruidsmes
last, in Dumfreis. Clengit of baith.
Item, qr Walter Kerr in Lintoune wes indytit and
accusit for airt and pairt of the thyfteous steilling, con-
ceilling, resett, and away takin of six scheip, viz. four
yoows and wedders, and ane dinmont, perteining to
Adam Roull in Abbotroull, furth of ye lands ofCosser-
hill, about Yuill last or yrby. Clengit yrof.
Item, q r Walter Jonstoune in Wyndholme is indytit
and accusit for airt and pairt of the steilling, conceilling,
resett, and away takin of ane quey in harvest last, per-
teining to Nicol Moffatt, smy the ; and for the thyfteous
steilling of ane yoow out of David Dalrymple's byre
upon hansell Tuysday, 1620 yeirs; and for the
thyfteous steilling of certane schone in Dumfreis, in
summer last ; and for the falsefieing of ye daitt of ane
contract maid betwixt his father and him ; and for the
resetting of ane naig, stollin be Johne Irwing, his
brother-in-law, perteneing to Niniane of the Roundtree
Know, furth of the lands yrof. Clengit of the haill.
Item, q r Sandie Hamiltoune is accusit for airt and
pairt of the thyfteous steilling of ane purs upon Saint
James day last, with x'v s. sterling yrintill, perteining
to Thomas Stenners, chapman. Clengit yrof.
Item, q r Johne Irwing, young Laird of Hoddame, is
accusit for airt and pairt of the steilling of twa ky outt
of ye landes of Gimmonbie, and tuik thame to ane
scheip house in Hoddam, perteining to Jok Grahame
in Gymmonbie. Clengit yrof.
226 ANNALS OF HAWICK.
Item, qr Will Bell, callit Jonies Willie, in Nether
Giinmonbie, and Will Bell in Holmeheid, ar indytit
and accusit for airt and pairt of the thyfteous steilling,
conceilling, resett, and away takin of twa yoowis, per-
teining to Jene Hendersoune in Gymmonbie, at Mer-
tinmes bygane twa yeirs, furth of ye landis yrof; and
for the thyfteous steilling of ane ox, perteining to Jok
Home in Howcleughe, three yeirs syne or thereby,
furth of ye lands of Howcleughe, in ye month of De-
cember last. Clengit of baith.
Item, q r Johne Tait in Dowknow, callit Cheif, is
indytit and accusit for airt and pairt of ye thyfteous
steilling, conceilling, resett, and away takin of sewin
scheip, perteneing to Willie Waulds in Auld Graden,
in harvest bygane thrie yeirs or yrby. Clengit yrof.
Item, qr Johne Young in Cessfurde toune fute is in-
dytit and accusit for airt and pairt of the thifteous
steilling of ane blak ox, perteneing to Sir Johne Selbie,
Knycht, furth of the lands of North Schoeton in Eng-
land in November 1619 yeirs. Clengit yrof.
Item, qr Johne Taitt in Dowknow, callit Cheif, is
indytit and accusit for airt and pairt of the thyfteous
steilling, conceilling, ressett, and away takin of cer-
tane scheip, perteneing to the Laird of Greenheid, thrie
yeir syne or yrby, furth of ye lands of Fyllit
of ane of the said scheip onlie.
Item, qr he and Johne Frissell, sone to the Laird of
Overtoune, is indytit and accusit for airt and pairt of
the thifteous steilling, conceilling, resett, and away
takin of twa ky and twa oxin, the twa ky perteneing
JEDBURGH CIRCUIT, 1622. 227
to Jon Selbie of Pastoune, and the twa oxin perteneing
to Jerott Selbie, in the month of September last bypast,
furth of ye lands of Commonne burne in Ingland.
Clengit baith, of baith ye poyntts.
Item, q r John eand Thomas Frissellis forsaidis, and
Johne Taitt in Dowknow, ar indytit and accusit for airt
and pairt of the thyfteous steilling, conceilling, ressett,
and away taking of fiftie-six wedderis, perteneing to
Gilbert Swona of Bervingtoune, furth of ye lands of
Bervingtoune, in ye moneth of Marche last bypast.
Clengit Johne Taitt, and fyllit Jon and Thomas
Frissellis yrof.
Item, q r ye saids Johne and Thomas Frissellis ar in-
dytit and accusit for airt and pairt of ye steilling of
ane bay naig and twa meiris, the bay naig perteneing
to Mark Pantoune of Brokfield, furth of ye lands of
Brokfield of Hagerstonne, at Mertimes ewin bygane
thrie yeirs, the twa meiris stollin at yat same tyme,
furth of ye lands of Hakkerstonne ; and for the steill-
ing of sevin nolt fra Cristiane Stewart, relict of umqle
James Ker of Chatto, and now spous to Williame Ker,
callit of Ancrum, furth of ye lands of Chatto, at Mer-
times in anno 1619 or yrby. Fyllit yrof.
Item, qr Jok and Andro Wighames, and George
Tumour in Quhitliesyd, wes indytit and accusit for airt
and pairt of the thifteous steiling, conceilling, ressett,
and away takin of thrie nolt perteneing to Johne
Ridley, baillie in Hatwisle, furth of ye landis of Cor-
scolthart, about Pasche gane a yeir. Clengit all thrie
yrof. And quhair the said Jok Wighame wes indytit
and accusit for the thifteous steilling, &c. of twa oxin
228 ANNALS OF HAWICK.
furth of ye debaitable land, perteneing to Jok Young
in Mylnesteidis, thrie yeir syne or yrby ; and q r ye
said Andro wes accusit for the thifteous steilling of four
stottes, viz. twa of thame brandit, and twa of tbame
broune, perteneing to Thome Ellott in Wattiryett, furth
of ye lands of Newbiging in Tindell, at last ;
and q r the saids Jok and Andro wes accusit for the
steilling of four ky, perteneing to my Lord of Crans-
toune, furth of ye lands of Wauchopheid, at Michaelmas
last or yrby. Clengit of the haill yrof.
Item, qr the said Jon Wighame in Quhitliesyd is
accusit for airt and pairt of the thyfteous steiling, con-
ceilling, ressett, and away takin of thrie blak oxin,
perteneing to David Quhippo in Bruntscheilbog, furth
of ye lands yrof, at Sanct Androis day, or yrabout
1621 yeirs. Fyllit yrof.
Item, q r Archibald Lytle in Pottum is accusit for
airt and pairt of the thyfteous steilling, conceilling, re-
sett, and away takin of aucht lambes fra Nickkie
Foster, and Jon Foster in Kirkconnell, his son, in Junij
last. Confest fyve of thame. And q r he is accusit for
the steilling, &c. of four Iambi s, perteneing to Johne
Bell of Albie, furth of ye landes of Albie, in the
moneth of September, 1621 yeirs or yrabout. Fyllit
of baith in respect of his confessionne and cumeing in
will.
Item, qr James Quhyt is accusit for the thyfteous
steilling, &c. of xxxiii scheip fra Walter Sheill in
Gatonscott, furth of the lands yairof, in the moneth of
May last bypast. Fyllet yrof upon his awin confes-
sioune.
JEDBUKGH CIKCUIT, 1622. 229
Apud Jedbrugh, xxix day of August 1622, be-
ing ye third day of ye said Court.
Sederunt : Domini Commissionarij ut in die preceden.
The qlk day, Gib Mairtene in Swyre, actit himself
judiciallie, that he sail compeir personallie befoir His
Matties Commissionars the nixt Justice Court to be
halden be thame, within xv dayes' warning, under the
pane of declairing him fugitive of his awin consent.
The said day, Will and Gib Hutchiesounes in Hel-
lerkis, actit thameselfis judiciallie that they sail cope :
pe~nalie befoir His Ma"ties saids Commissiona'-
nixt Justice Court to be haldin be thame, upoi.
dayes' warneing, under the pane of declairing thai
fugitives of their awin consent.
The said day. Will Porteous in Cleugheides, in
Annandaill, actit himself judiciallie that he sail copeir
personallie befoir His Ma ties saids Commissionars the
nixt Justice Court, under ye pane of declairing him
fugitive of his awin consentt.
The said day, the persounes under-namet enterit upon
pannell.
Laurie Turnbull in Maxsyde.
John Glencors in Barnegleische.
Willie Jonstonne in Linbrigfurde.
Willie Armestrang, Capilgill.
Archie Noble in Parkheid.
Watt Nicksonne in Raw.
230 ANNALS OF HAWICK.
James Batie, callit Din Jamie.
Geordie and Jon Baties in Glencors.
Johne Riddockis in Kilhoill.
Gib Irwine in Stabiltonne.
Johne Lytle, Inglismane.
Geordie Turnbull in Belsches.
Abbie Foster, sone to Gib of Langhauch.
Geordie Mortonne, callit Ower ye Burne.
Watt Turnbull in Skelfhill.
Johne Roddine in Tortborrald.
Robert Latimer in Rockald.
Sandie Hamiltonne. Purscutter.
Jean Lindsay, his spous.
Martha Finlaysonne.
PEESONNES OF INQUE1ST.
William Crychtonne of Hill.
David Neilsonne in Barnecaillie.
Johne Thomsonne in Kirkland of Tarregillis.
Andro Jonstonne of Mylnebank.
Sime Ellott, Benkie in Thorliesheip.
Antone Ellott in Rouchlie.
Thome Jonstonne of Fingland.
Ritchart Rutherfurde of Littleheuch.
Williame Scott, callit of the Pillaris, in Selkirk.
Jon Dickiesonne, Provest of Peiblis.
Williame Ellott, Bailie of Selkirk.
Walter Gledstanes of Quhitlaw.
Robert Scott, callit Mareonnes Hob, Baillie of Ha-
wick.
Williame Ellott, laitt Provest of Peiblis.
Robert Scott, West Port in Hawick.
The haill personnes of inqueist being ressavit, sworne,
JEDBURGH CIRCUIT, 1622. 231
and admitit, electit and chusit the said Richart Ruther-
furde of Lytleheuche, chancellor.
Item, q r George and Jon Baties in Glencors, is ac-
cusit for airt and pairt of the thifteous steilling, &c. of
twa scheip, furth of the landes of Glencors, in July
last, perteneing to yr. Clengit yairof.
Item, q r Abbay Foster, sone to Gibbie Langhauch,
is accusit for steilling, &c. of aucht yoowis, perteneing
to Gilbert Ellott of Stobbis, furth of the far syd of
Kershoip, fyftene dayes befoir Michaelmas last. Clen-
git yairof.
Item, q r Geordie Mortoune in Harrett, and Walter
Turnbull in Skelf hill, is accusit for airt and pairt of the
steilling of sewin nolt, perteneing to Laird Swarlay,
Inglisman, furth of the lands of Swarlay, about Mer-
times last or yrby. Clenzit Walter Turnbull yrof, and
fyllit Geordie Mortoune of ye samyn.
Item, q r Jon Glencors in Barnegleische, and Wil-
liam Jonstonne in Linbrigfurde, is accusit for the steil-
ling of ane quhyt meir of audit yeir auld, furth of ye
lands of Ammisfield, in the moneth of July last bypast.
Fyllit yrof.
Item, qr John Roddine in Torthorrald, and Robert
Latimer in Rockald, is accusit for steilling of ane blak
kow aff Lockirmoss, perteneing to Willie Wricht in
Rockald, at Euesmes last, and for the steiling of ane
uther kow out of ye bauks of Moushald, about Mertemes
last, perteneing to . Fyllit of
baith.
232 ANNALS OF HAWICK.
Item, q r James Batie, callit Din Jamie, is accusit
for steilling of twentie scheip, perteneing to Thomas
Jonstonne in Finglen, his men in Wylieshoill, furth of
ye lands yairof, in the moneth of October bygane ane
yeir or yrby. Fyllit yrof.
Item, q r Geordie Turnbull in Belsches is accnsit for
airt and pairt of the steilling, &c, of ellevene scheip,
viz., ten quhyt and ane blak, keillit on ye nar syd with
tar, furth of the landis of Raflatt, ten yeir syne or yrby,
perteneing to Williame, George, and John David-
sonnes yr. Fyllit thairof.
Item, q r Thorn Lytle, Inglismanne, is accusit for
steilling, &c. of six scheip perteneing to Ritchart
Wittie, miliar at Harlawmylne, furth of ye lands of
Liddell, in the moneth of May last. Fyllit yrof.
Item, q r Jon Reddick in Killhoill is accusit for steil-
ling of twa hoggis, furth of ye lands of Annandholme,
about Lambes last, perteneing to Thomas Lockarbie in
Annandholme. Fyllit yrof upon his awin confessioune
and cuming in will.
Item, q r Archie Noble in Parkheid, and Wat Nick-
soune in Raw, is accusit for steiling, &c. of xiij yoowis
and wedders, furth of ye lands of Brighouscleucheid,
perteneing to William Ellott, callit of ye Peill, in No-
vember last. Fyllit baith yrof.
Item, q r Willie Armstrang, callit of Capilgill, is ac-
cusit for steilling, &c. of four scheip perteneing to
Rob Bell alias Hill, in Auchinheidrigg, furth of ye
JEDBURGH CIRCUIT, 1622. 233
lands yairof, in ye moneth of July last. Fyllit yrof,
and comeing in will uponne confessioune.
Item, q r Lancie Turnbull of Maxsyd is accusit for
steilling, &e. of twa nolt, viz., ane blak stott and ane
blak quey, forth of ye lands of Langsyd, perteneing to
Williame Douglas, fear of Cavers, his men in Langsyd,
at Mertimes aucht yeir syne, or yrby ; and for the steil-
ling of twa scheip at Euesmes gane thrie yeir, fra Jon
Eliot, than servitor to my Lord Cranstoune. Fyllit of
baith be his confessioune and coomeing in will.
Item, qr Sandie Hamiltoune, Jean Lyndsay, his
spous, and Martha Finlaysoune, are accusit for breking
of James Ainslie his hous, in Jedbrugh, and steilling
furth yrof the last nicht of ane great number of claithes,
perteneing to ye said James, sickas ane Londoune
claith clock, and pair of plaids, and uther claithes, worth
ye soume of i c « lib. Fyllit yrof.
The said day, James Milliekenne in Blakmyre, act it
himself as caw"r and souertie for Fergus Milliekene
in Dunscoer, that he sail compeir personallie befoir His
Matties Commissionars the nixt Justice Court, and
underly His Hieness lawis, under the pane of v c - merkis
money.
At Jedbrugh, the said xxix day of August 1622.
Persounes pannellit efter none : —
Thome Armestrang, callit Wardane.
Willie Bryden in Wamfray.
U
234 ANNALS OF HAWICK.
John Jonstonne in Hilheid.
Francis Ellott, callit Copshaw.
Geordie Armstrang, Wodhouslies.
Thome Armestrang in Quhitthopmylne.
Will Caruthers in Dombie.
Rob Houd in Ancrum.
Andro Gibbiesonne in Softerlaw.
Will Scott in Frogden.
PERSOUNES OF INQUEIST.
Williame Crichtonne of Hill.
David Neilsoune in Barnecaillie.
Andro Jonsoune of Mylnebank.
Syme Eliot, callit Benkis, in Thorleishoip.
Johne Dickiesonne, Provest of Peiblis.
Antone Ellott of Benkid, in Rouchlie,
James Keine, Baillie of Selkirk.
John Thomsonne in Kirkland of Tarregillis.
Walter Gledstanis of Quhitlaw.
Robert Scott, Westport of Hawick.
Williame Welsche in Skar.
Williame Midlemaist of Lillislie Chappell.
Johne Hamiltonne of Auchinhae.
Johne Burnett of Barnes.
Johne Govane of Cardrono.
The saids haill persounes of inqueist being ressavit,
sworne and admittit, electit and chusit the said Jon
Govane of Cardrono, chancellar.
Item, qr Will Scott in Frogden is accusit for steil-
ling of xiij scheip, perteneing to Pett Craw in Coup-
land, in Apryle last, furth of ye lands of Coupland.
Clengit him yairof.
JEDBURGH CIRCUIT, 1622. 235
Item, q r Will Brydonne in Swyre on Wamfray is
accusit for airt and pairt of the steilling, &c. of sax
scheip perteneing to Gib Schaw in Compstouneslack,
furth of ye lands yrof in ye moneth of July last by-
past ; and for the steilling of certane plenisching and
houshald geir perteneing to Williame Jonstoune in
, extending to ye soume of xx lib. money.
Clengit of baith.
Item, qr Nicoll Moffett in Wamfraygaitt is accusit
for airt and pairt of the steilling, &c. of thrie ky per-
teneing to James and Peter Williamsonnes in Watter
of Meitingis, in Crawfurdmure. Clengit yrof. And for
the steilling, &c. of ane young cow perteneing to James
Jonstoune of Braikansyd, his servitour, furth of the lands
of Braikansyd, in ye moneth of July last. Fyllit
yrof.
Item, qr Jon Jonstonne in Hilhous wes accusit for
steilling, &c. of certane plenishing, sik as ane nomber
of lyneing and wollin claithes, with ane brassin pan,
perteneing to Gawin Jonstonne in Annandholme, furth
of his scheill in Capelholme, in ye moneth of July last,
or yrby ; and for the steilling of ane yoow scheip and
ane wedder scheip perteneing to Syme Corrie in Milkie-
mos, about Mid-sommer last, or yrby ; and for breking
of the scheill perteneing to Jok Halyday in Dryff heid,
at the tyme foresaid ; and for the steilling of ane uther
scheip perteneing to Bessie Kennydie in Dryffheid,
furth of the lands of Dryffheid, about July last or yrby ;
and for the steilling of four barkit hydis perteneing to
"William Jonstonne in Cauldholme, in ye moneth of Au-
gust instant, furth of his hous in Cauldholme. Fyllit
of the haill.
236 ANNALS OF HAWICK.
Item, q r Willie Carutheris in Dombie is accusit, &c.
for steilling of aucht fat scheip perteneing to Jon Mair-
tene, servitur to my Lord Hereis, furtli of ye close of
ye place of Hoddome, twa yeir syne or yrby. Clengit
yrof.
Item, q r Francie Ellott, callit of Copschaw, is accnsit
for airt and pairt of ye steilling and resetting of twa
naigis, ane perteneing to Jok Storrie in Lewin, Inglis-
man, and the uther perteneing to Antone of the Scub,
in ye moneth of Marche last. Fyllit of ye ressett of
thame, and clengit of ye steilling of yame.
Item, q r Thome Armestrang in Quhittopmylne is ac-
cusit for steilling of aucht or nyne scheip, at seuerall
tymes, furth of ye lands of Quhittope, perteneing to
Jon Scott yr in Junij last. Fyllit of twa of thame.
Item, q r Rob Houd in Ower Ancrum is accusit for
the steilling, &c. of three scheip, ane of them pertene-
ing to Jon Buckholme in Ancrum, and ye uther twa to
James Robiesonne yr, at Whittsonnday last or yrby,
furth of ye lands yrof. Fyllit yrof in respect he cam at
will.
Item, q r Andrew Gibbiesonne in Softlaw wes accusit
for steilling, &c. of twa ky and ane ox perteneing to
Thomas Mortoune of Fentoune, furth of ye lands of
Fentoune Deane, upon Tuisday at nicht befoir our latter
Ladyday last wes. Clengit yrof.
And for the steilling of sex yoowis and ane wedder
perteneing to the said Thomas Mortonne, upon Thurs-
day efter Michaelmes bygane four yeiris, off the stible
JEDBURGH CIRCUIT, 1622. 237
land of Fentoune, at ye pairt yrof callit the Quhythi-
way. Fyllit yrof.
Item, qr Geordie Armstrong, callit Archies Geordie,
is accusit for the steilling, &c. of sewin scheip furth
of ye lands of Baltingbus, perteneing to Robert Pringle
yr, in ye moneth of December last ; and for steilling,
&c. of nyne scheip furth of ye lands of Glunzear, per-
tenang to Jon Cavart, in ye moneth of Februar last ;
aad for ye steilling of ane meir pertening to George
Wauch younger, in Wodhouslyes, in ye May last furth
of ye lands yrof ; and for being fugitive and outlaw for
ye saidis crymes. Clengis him of ye steilling of ye
gudes above written, bot fyllis him as being fugitive,
and remittis him to the Judges.
Item, q r Thome Armestrang, callit Wardane, wes
accusit for steilling, &c. of ane ox perteneing to Do-
ratie Armestrang in Bowholme, furth of the lands yr-
of, about Beltane last ; and for ye steilling of sextene
hoggis furth of ye lands of Rowingburn, perteneing to
William Chysholme about Yuill. Fyllit of baith.
Penultimo Augustij 1622. — Tertio die dicta
Curia. — Sederunt. Domini Commissionarij
ut supra.
The said day, in presens of his Ma ties saids Com-
missionars being sitting in judgment, Comperit Johne
Galloway, laitt Baillie of Annand, actit himself as
cawtionar and souertie for Mr Symeon Jonstonne, mi-
nister at Annand, that he, his wyf, bairnes, servands,
nor na uther that he may stope or latt, sail not truble
238 ANNALS OF HAWICK.
nor molest Edward Jonstoune of Seyfield in Annand,
his wyf, bairnes, servandis, guids or geir, directlie
nor indirectlie, utherways nor be order of law and jus-
tice, under ye pane of ane thousand merkis money ;
and the said Symont actit himself to releiff his said
caw~r of the premissis.
The said day, Johne Bell of Castellbank actit him-
self judiciallie as cawr and souertie for Edward Jon-
stoune of Seyfield, that he, his wyf, bairnes, servands,
men, tenantis, nor na uther that he may stope or latt,
sail not truble, hurt, nor molest Mr Symeon Jon-
stoune, minister at Annand, his wyf, bairnes, servands,
men, tenentis, in thair bodyes, cornes, cattell, guidis,
and geir, directlie nor indirectlie, utherways nor be
order of law and justice, under the pane of ane thou-
sand merkis money ; and the said Edward Jonstonne
actit himself to reliefF his said caw*r in ye premisses.
The said day, Thomas Harknes in Lockarbie, actit
himself as caw~r and souertie for Andro Jonstoune in
Mylnebank, callit Auld Wallie, that he sail compeir
personallie ye nixt Justice Court to be halden be
his Maties saids Commissionars, and underly his
hienes lawis for all that is to be laid to his charge
uponne fyftene dayes warneing, under ye pane of v c .
merkis money ; and the said Andro actit himself to
relief his said caw~r in ye premissis.
The said day, Thomas Armestrang in Barnegleische,
and Johne Armestrang in Nether Bagray, actit thame-
selfiis conjunctlie and severallie as caw 1 * 3 , and souerties
for Will Armestrang, callit of Benks in Sark, that he
sail compeir personallie ye nixt Justice Court to be
JEDBURGH CIRCUIT, 1622. 239
halden be his Ma ties Commissionaris, and underly his
hienes lawis for all that is to be laid to his charge,
under ye pane of v c . merks money, and that without
any citatioune.
The said day, Robert Dicksonne of Birgim, enterit
Thome Bauerage yr upon pannell ; qrupon he askit
ins~ts, and desyrit to be frie of his caw~rie.
The said day, William Crychtonne of Hill, actit
himself as caw"r and souertie for Michael Cairleill in
Heuch, that he shall compeir personallie ye nixt Jus-
tice Court to be halden be his Ma~ties saidis Commis-
sionaris, and underly his hienes lawis for all that is to
be laid to his charge, under ye said pane of v°. merkis
money.
The said day, Johne Grahame in Mylnesteids, en-
terit Willie Wilsoune in Hairlaw upon pannell ; qr-
upoun he askit ins~ts, and protestit to be frie of his
caw"rie, qlk wes grantit.
The said day, Archibald Glendonning in Fiddel-
toune, and Johne Graham in Thicksyd, enterit Lancie
Glendonning, now in Dryff, Andro Glendonning in
Riddingis, and Hob Glendonning in Huddishous, upon
pannell, and protestit thay micht be fred of yair bands
of cavVrie, qlk wes grantit.
The said day, Thomas Carutheris in Tailtrow, actit
himself as caw~r and souertie for Thome Gillespie in
Drummure, that he sail compeir personallie befoir his
Ma ties saidis Commissionaris the nixt Justice Court
to be haldin be thame, and underly his hienes lawis
240 ANNALS OF HAWICK.
for all that is to be laid to his charge, under the pane
of v°. merkis money.
The said day, Alex. Armestrang, sone to Francie
of Kinmonth, and Richart Grahame in Cannabie, en-
terit Francie Grahame, callit Bothwell's Francie, upon
pannell, and protestit that thay micht be frie of yr
cawrie, qlk wes grantit, and ye said Francie dismist
be ye saids Commissionars to ane new citatioune.
The said day, Gawin Hendersonne in Bagraywod,
actit himself as caw~r and souertie for David Dalrymple,
notar in Brochtschaw, that he sail compeir personallie
the nixt Justice Court to be haldin be his Ma ties
saids Commissionaris, and underly his hienes lawis for
all that is to be laid to his charge, under ye pane of
v c . merks.
The said day, Williame Mitchelhill, baillie in Sel-
kirk, actit himself as cawr and souertie for James
Cowane in Selkirk, that he sail compeir personallie the
nixt Justice Court to be haldin be his Matties saids
Commissionars, and underly his hienes lawis for all
yat is to be laid to his charge, under ye pane of v c .
merkis money.
The said day, Jon Halyburtonne of Mertoune, actit
himself as caw~r and souertie for Geordie Halyburtonne
callit of Mertoune, that he sail compeir the nixt Jus-
tice Court personallie to be haldin be his Ma ties saids
Commissionars at Jedburgh, and underly his hienes
lawis for all that is to be laid to his charge, under ye
pane of I*n. merkis.
JEDBURGH CIRCUIT, 1622. 241
The said day, Jon Wilkiesonne in Selkirk actit
himself as ca^\~r and souertie for Jonett Wilkiesonne,
his doehter, that scho sail compeir personallie befoir
his Ma ties saids Commissionars, and underly his hienes
lawis for all that is to be laid to her charge, under ye
pane of v c . merkis money.
The said day, Johne Nicoll in Craikhoip actit him-
self as caw*r and souertie for Will Ellott in Huntlaw,
that the said Will sail copeir personallie befoir his
Maties said Commissionars, and underly his hienes
lawis for all that is to be laid to his charge, under the
pane of v c . merkis.
The said day, Williame Rutherfurd, notar, actit
himself as caw'r and souertie for Jonett Wicht in
Ycttame, that scho sail copeir personallie the nixt
Justice Court to be haldin be his Ma'ties saids Com-
missionars at Jedburgh, and underly his hienes lawis
for all that is to be laid to her charge, under ye pane
of v c . merkis.
The said day, Williame Crychtonne of Hill actit
himself as cawtionar and souertie for Edward Jonstoune
of Seyfield, that he sail not truble nor molest George
Grahame of Reidkirk, his wyf, bairnes, men, tennentis,
and servands, and that they sal be harmeles and skaith-
les of him, his wyf, bairnes, men, tennentis, and ser-
vands in ther bodyes, lands, heritages, taks, steidings,
cornes, cattell, guids and geir, in tyme cuming, uther-
wayes nor be order of law and justice, under ye pane
of I 1 "- lib. money ; Lyk as ye said Edward Jonstonne
and Jon Bell of Hallbankis actit yameselfis, conjunctlie
X
242 ANNALS OF HAWICK.
and seuerallie, for to releiff the said Williame Crych-
tonne of Hill of ye haill premissis.
The said day, Johne Maxwell of Castellmylke actit
himself as caw~r and souertie for George Grahame of
Reidkirk, that Edward Johnsonne of Seyfield, his wyf,
bairnes, men, tennentis, and servantis, sal be harmeles
and skaithles of the said George, his wyf, bairnes, men,
tennents, and servandis, and of all utheris quhom he may
stope or latt, in thair bodyes, landis, heritages, roumes,
possessions, cornes, cattell, guids, and geir, in tynie
cumyng, utherways nor be order of law and justice,
under the pain of I m . lib. money ; and the said George
Grahame actit himself to relief his said cautioner in the
premises.
The said day, Alex. Kirktonne, provost of Jedburgh,
actit himself as caw~r and souertie for Thome Donald-
sonne in Hardenheid, that he sail compeir personallie
befoir his Ma ties saids Commissionaris the nixt Justice
Court to be haldin be thame, and underly his hienes
lawis for all that is to be laid to his charge, under the
pane of I c . lib. money.
The said day, Thomas Caruthers in Tailtrow actit
himself as caw~r and souertie for Williame Carutheris
in Dambie, that he sail copeir personallie befoir his
Ma ties saids Commissionaris the nixt Justice Court to
be haldin be thame, and underly his hienes lawis for
all that is to be laid to his charge, without any cita-
tioune, under ye pane of I m . merkis money.
The said day, Jone Dauidsonne, callit of Birnyrig,
being enterit upon pannell, actit himself judiciallie, of
JEDBURGH CIRCUIT, 1622. 243
his awin frie will and consentt, to be banishit furth of
yis realrae of Scotland, gif it wald please his Ma ties
saids Commissionars to dismis him af this present
pannell qrintill he wes ; qlkis Commissionars authorized
and consentit, and he never to cum agane yrintill
without licence of his Ma ties Lords of his hienes
Privie Counsell or Commissionaris foresaid, under ye
pane of deid, without any tryell of assyse.
The said day, Francie Armestrang, callit of Kin-
month in Newbeck, actit himself as caw~r and souertie
for David Jonstoune in Reidhall, that he sail copeir
personallie the nixt Justice Court to be haldin be his
Ma ties saids Commissionaris, and underly his hienes
lawis for all that is to be laid to his charge ; and that
he sail not escaip furth of ye freddome of ye burgh of
Jedburgh, hot sail remaine in frie waird yrintill, under
ye pane of I m . merkis money of yis realine ; Lyk as
Gawin Jonstoune, callit of Reidhall, actit himself to
warrand, frie, and relief the said Francie Armestrang
of his cawric in ye premises, under the said pane of
ane thousand merkis money foresaid.
The said day, Jon Rutherfurd, callit Androis Johne,
and James Hendersonne, fleschour, baith burgesses of
Jedburgh, actit thamselffis, conjunctlie and severallie as
caw rs . and souerties for Thome and Rob Colthartis in
Welhauch, in Tyneheid, that thay and ilk ane of thame
sail compeir personallie befoir his Matties saids Com-
missionaris ye nixt Justice Court to be haldin be thame,
and underly his hienes lawis for all that is to be laid
to yr charges, ilk ane of thame under the pane of v c .
merkis money, and yat without any citatioun ; Lyik as
Jon Colthart in Baxstaneleyis, and Hob Hendersoune
244 ANNALS OF HAWICK.
in Byresteids actit thame, conjunctlie and seuerallie, to
warrand furth and relieff the saids Jon Rutlierfurde
and James Hendersoune of tliair becuming cawtioune
in ye premises.
The said day, John Colthart in Baxstanelies, and
Hob Hendersonne in Byresteids, actit thameselffis, con-
junctlie and seuerallie, as caw rs . and souerties for Archie
Colthart in Quheilrig, that he sail compeir personallie
ye nixt Justice Court to be haldin be his Ma~ ties saids
Commissionaris, and underly his hienes lawis for all
that is to be laid to his charge, under ye pane of v c .
merkis money.
The said day, Williame Scott of Burnefute, upon the
watter of Aill, actit him as caw~r and souertie for
Geordie Jonsoune in Eschinsyd, that he sail compeir
befoir his Ma ties saids Commissionaris the nixt Justice
Court to be haldin be thame, and underly his hienes
lawis, under ye pane of v c . merkis.
The said day, George Grahame of Reidkirk actit
himself as cawV and souertie for Geordie Grahame,
callit Cristie's Geordie, that he sail not escaip nor flie
furth of ye priviledge of the burgh of Jedburgh, bot
sail remaine yrin quhill directioune cum fra the Coun-
sall ; and also that he sail compeir personallie ye nixt
Justice Court before his Ma ties said Commissionars to be
haldin be thame within ye bounds of ther commissioune,
and underly his hienes lawis, under ye pane of I m .
merkis money.
The said day, the personnes under-namet
JEDBURGH CIRCUIT, 1622. 245
enterit upon pannell, and wes put to ye tryell
of assyse following.
PERSOUNES PANNELLIT.
Johne Young in Toune of Roull.
Johne Jonstonne, callit Sha, in Tundergath.
Andro Batie in Scheill.
Adie Batie, ther.
Willie Wilsonne in Hairlaw.
Edward Lytle in Blaksark.
Archie Hendersonne, callit Watschode.
PERSOUNES OF ASSYSE.
Williame Crychton of Hill.
James Murray, notar in Selkirk.
William Ellott, Baillie of Selkirk.
William Purves, Thesaurar of Selkirk.
Syme Ellott, callit of Benkis.
Syme Scott, callit of Newtoune, in Hawick.
Antone Ellott in Rouchlie.
Johne Dickiesoune, Provest of Peiblis.
James Keine, Baillie of Selkirk.
Johne Halyburtonne of Mertoune.
Williame Midlemaist of Lillisleif Chappell.
James Williamsonne, lait Provest of Peiblis.
George Riddell in Selkirk.
Walter Scott, Eistport in Hawick.
Henry Davidsonne in Hoilfeild.
Quhilkis persones of inqueist being ressavit, sworne,
and admitit, electit and chusit the said Jon Halyburtonn
of Mertoune, chancellar.
Item, q r Andro and Adie Baties in Scheill wes ac-
246 ANNALS OF HAWICK.
cusit for the steilling, &c. of twentie scheip, perteneing
to Jok Moffett in Bailliehill, furth of ye lands therof, in
anno 1614 yeirs ; and for the steilling, &c. of fyve
auld gaitt, with yair kiddis, furth of ye lands of Cruiks,
perteneing to Williame Kid in Cruiks, thrie yeir syne
or yrby ; and for ye steilling, &c. of aucht scheip per-
teneing to Thomas Murray in Boykeine, furth of ye
lands therof, in anno 1616 yeirs ; and for the steilling,
&c. of four lambis perteneing to Willie Batie at
Douchtie, thrie yeir syne or yrby ; and for ye steilling
of ane yoow perteneing to Jok Moffatt in Bilholme, furth
of ye lands yrof, at Yuill last or yrby ; and for ye res-
setting of Alex r . Armestrang, callit W T interhoipheid,
yair brother-in-law, and declairit fugitive and outlaw.
Clengit of the haill.
Item, q r ,Jok Young in Roull wes accusit for ye
steilling of ane yoow perteneing to man
to Will Scott in Weyms, at Lambues last or yrby,
furth of ye lands of Roull. Clengit yrof.
Item, q r Jon Jonstonne, callit of ye Schaw, in
Tundergath was accusit for steilling, &c. of ane scheip
perteneing to Janet Schort, widow yr, furth of ye lands
yrof, at Midsummer last or yrby. Clengit yrof.
Item q r Will Wilsoune in Hairlaw wes accusit for
steilling, &c. of thrie scheip perteneing to Jon Irwin g,
callit of Gratnay hill, furth of the lands of Hairlaw, in
July last. Clengit yrof.
Item, q r Edward Lytle in Blaksark wes accusit for
steilling of ane meir perteneing to Thomas Welsch in
JEDBURGH CIECUIT, 1622. 217
Graitnay, upon the xiiij day of August instant.
Clengit yrof.
Item, q r Archie Hendersonne, callit Watschod, is
accusit for the steilling, &c. of four scheip perteneing
to Mungow Dalgleische in Windingtonerig, furth of
ye lands yrof, about Sanct Mungowis' day last or yrby.
Fyllit yrof.
The said day, in p"ns of his Matties said Commis-
sion ars being sitting in judgment, Robert Jonstoune,
callit of Levergay, Thome Bell in Androgill, Francie
Hutchiesonne, his servitur, Jok the Grahame, sone to
Randie of Fentonne, Willie Grahame in Stobohill,
Johne Irwine, callit Ritchie's Jokkie, in Baukheid,
Thome Tagart in Chappell of Conhease, Geordie Jon-
soune in Schawis, callit Couanehous, Adam Hall,
callit of ye Buss, in Newbigging, Cristie Milliekene in
Goldcoittis, Bessie Parker in Skandrig, Thome Ker in
Cleughefield in Gimmenbie, Alex r . Jaksone, wobstar in
Hilend, Jon Jonsonne in Yettis, Andro Murray, herd in
Dolphingstonne, Jok Gillespie in Roundtrieknow, Will
Dodes in Sowtray barnes, Andro Young in Toddeswode,
Jon Batie in Tanlahill, Geordie Jonsoune in Schawis,
Andro Davidsounc in Moffett, Adie Jonsonne in
Schawis, David Forsyth, sone to Robert Forsyth, in
Mayneholme, Being daylie callit upon during the haill
space of yis p~nt Court, to haif coperit personallie be-
foir his Ma ties saids Commissionaris this p~nt Court,
and underlyen his hieness lawis for certane crymcs of
thift, ressett of thyft, and uther crymes criminall, con-
teneit in yair particular dittayes, and being lawchfullie
summoneit and arreistit for yat effect, with certinca-
tionne gif thay failyeit, that thay and ilk ane of thame
248 ANNALS OF HAWICK.
sould be declairit fugitives and outlawis fra Lis hienes
lawis, and denuncit his Matties rebells, and all yr
movable guids and geir escheit and inbroclit to his hienes
use, &c. ; And because thay nor nane of thame coperit
in maner foresaid, thairfoir thay and ilk ane of thame
wer declairit publicklie, thrie severall tymes, out-
lawis and fugitives fra his hienes lawis, and ordainet
thame, and ilk ane of thame, to be denuncit rebellis,
and putt to his hienes home, and ordanit all yr move-
able guids and geir to be escheit and inbrocht to his
hienes use, as wes pronouncit in judgment be ye mouth
of Johne Jenkiesonne, dempstar of ye said Court.
The said day, in p*ns of his hienes saids Commis-
sionars, being sitting in judgment, Johne and Thomas
Frissellis, sons to the Laird of Overtoune, Jock Wig-
hame in Quhittlieside, Archibald Lytil in Potim, James
Quhyt, Geordie Mortoune, callit Ower the Burne,
Gilbert Irwin in Stapletonne, John Roddan in Tor-
thorrald, Robert Latimer in Rockald, James Batie, callit
Din Jamie, Geordie Turnbull of Belshes, Thome Lytil,
Inglishman, Archie Noble in Parkheid, Watt Nick-
sonne in Raw, Lancie Turnbull in Maxside, Sandie
Hamilton, purse cutter, Thome Arm Strang, wardane,
Nikkie Moffat in Wamfray, John Johnson in Hillhous,
Francis Elliot, Copshaw, Andro Gibbiesoune in Soft-
law, and Archie Henderson, callit Watshod, being
fund guilty and foull, be the persones of assize foresaid,
of certain crimes of theft, ressett of theft, and others con-
tainet in their particular dittayes, were, by the said
Commissioners, decernit and condampnit, they, and ilk
ane of them, to be taken to the place of execution, and
thair to be hangit by the heid ay and quhill they were
deid, and all their lands, honouris, dignities, offices,
249
gudes and geir, to be escheit and inbrought to his
hienes use, as was pronuncit in judgment be the
mouth of the said Jon Junkiesonne, dempstar of the
said Court.
The said day, Jon Taitt, callit Cheif, in Downow,
Jon Glencors in Barnegleiche, Will Jonstonne in Lin-
brigfurde, Joline Reddick in Killhoil, Will Armestrang,
Capelgill, Thome Armestrang in Quhittopmylne, Jeane
Lyndsay, spous to Sandie Hamiltonne, Martha Finla-
sone, Robert Houd in Ancrum, Geordie, Archies
Geordie in Wodhouslies, being fund guiltie and foull
of certaine crymes of small thyftes, and uthers con-
teinit in yr particular dittayes, were remitit be ye saids
Commissionars to the Lords of Privie CounsaJl, to be
censured be thame as accords ; and to remain in geaill
during ye Counsallis will.
The Court of Justiciarie of ye Sheriffdomes of
Roxburgh, Selkirk, Peiblis, Berwick, Dumfreis,
and Stewartries of Kirkcudbrycht and Annan-
daill, haldin at Jedburgh, the xxii day of Oc-
tober I m . vi c . and twentie-twa yeirs, Be the
Rycht Noble and Michtie Erie Walter, Erie of
Buckcleughe, Lord Scott of Quhitchester and
Eskdaill, Sir Andro Ker of Oxname, Knycht,
Maister of Jedburgh, twa of his Ma~ties Com-
missionars, within the said bounds ; James
Cranstonne, officer ; John Langtoune, demp-
ster.
The said day, in p~ns of his Ma~ties saids Commis-
250 ANNALS OF HAWICK.
sionars being sitting in judgment, Johne Glencorse in
Barnegleische, William Jonstonne in Linbrigfurde,
Johne Reddick in Kilhoill, William Armestrang, Ca-
pilgill, Jeane Lyndsay, spous to Sandie Hamiltonne,
Thome Armestrang in Quhittopmylne, Robert Houd in
Ower Ancrum, and Jon Dauidsonne in Birneyrig, and
Martha Finlasonne, wer, at directionne and command
of his Hienes Privie Counsall, decernit and condampnit
to be banishit furth of baith the kingdomes of Scot-
land and Ingland, and to remove yameselfis furth yrof
betwixt and Mertimes nixt to cum, and neuer to returne
agane without licence of his Matties Lords of his
Hienes Privie Counsall or Commissionars foresaid of
ye saids midle shy res, under ye pane of deid, without
any farder try ell ; qrunto thay, and ilk ane of thame,
actit thameselfis judiciallie for ye effect, as wes pro-
nuncit in judgment be the mouth of the said Johne
Langtoune, dempster of ye said Court.
The said day, Robert Frissell of Owertoune, and
George Taitt in Sholtem, actit yame thamselffis, judi-
cialle, as caw rs and souerties, conjunctlie and severallie,
for Jon Taitt, callit Cheif in Dowknow, that he sail com-
peir personallie the nixt Justice Court befoir his Matties
saids Commissionars, and underly his hienes lawis for
all that is to be laid to his charge, without any cita-
tioune, under ye pane of I m . merkis ; and he actit him-
self to releif his saids cawrs in the haill premissis.
The Court of Justiciarie of ye Sheriffdomes of
Roxburghe, Selkirk, Peblis, Berwick, Dumfreis,
and Stewartries of Kirkcudbrycht and Annan-
daill, haldin and begune at Jedburgh, the
JEDBURGH CIRCUIT, 1623. 251
ellivint day of Februar I m . vi c . twentie-thrie
yeirs, be ye Rycht Noble and Mycbtie Erll
Walter, Erll of Bukcleuche, Lord Scot of Quliit-
chester and Eskdaill, James Maxwell of Kirk-
connell, Sir Williame Greir of Lag, Knicbt,
and Sir John Chartrous of Amysfield, Knicht,
Commissioners and Justices to our Souerrane
Lord within ye boundis forsaidis ; Robert Scott
and Williame Carnwath, officers ; Jobn Lang-
toune, dempstar.
The Court lawchfullie fenssit.
The said day, James Gordonne, broyer to ye Laird
of Lochinvarre, being callit upon as cautionar for ye
entrie of Williame Porter of Porterstoune, and being
tryed be ye Lairdes of Lag, elder and younger, that
ye said Wm. Porterstoune wes in waird within ye
tolbuith of Dumfreis, continues him caw~n upone xv
dayes warning, under ye pane of fyve hundreth merkis.
Continewis Wm. Armestrang, callit Bauld, in Quhis-
gills, as caw~r for Johne Armestrang, callit of Tweidane,
his brother, as ye act beiris of befoir.
The said day, Johne Armestrang, Capelgill, enterit
Wm. Armestrang upone pannell ; qrupone he askit
instrumentis, and protestit he micht be frie of his
The said day, Williame Douglas of Quhitrig being
callit uponne, enterit upone pannell, and all pairties
havand entrie to persew him being thrie seuerall
tymcs callit upone at ye said tolbuth windowe, with
intimatioune maid yatt he wes pannellit, and justice
252 ANNALS OF HAWICK.
wer to be ministrat upoune him as accords of ye law,
and because nane compeirit to persew him in maner
forsaid, he wes, be his Majesties saids Commissionars,
dismist and put to libertie, and declairit frie of his
actis of cautioun qrby he wes actit of befoir for his en-
trie, quhill he war anew arreistit ; qrupone he askit
instrumentis.
Continewis Thomas Carrutheris in Trailtrow, as
caw"r for ye entrie of Thome Gillespie in Drummure,
to ye nixt Court, under ye pane of v c . merks.
The said day, Michell Cairleill in Hughe, enterit
uponne pannell, and actit himself judiciallie to compeir
ye nixt Court, under ye pane of v e . merkis, and de-
claring of him fugitive of his awin consentt.
Continewis Wm. Ruyerfurde, notar in Jedburgh, as
caw"r for ye entrie of Jennet Wicht in Yettome, to ye
nixt Court, under ye pane of fy ve hundreth merkis.
Continewis Alex r . Kirktonne, proveist of Jedburgh,
caw~r for ye entrie of Thome Donnaldsonne in Harden-
heid, to ye nixt Court to be halden at Jedburgh, under
ye pane of j c . pundis.
The said day, Johne Steill and Thome Irwyng in
Toudhoip, entritt Robert Irwyng, wobster in Greinay ;
qrupone thay askit instrumentis.
The said day, continewis Jon Hendersonne in Kerse-
clughe, as caw~r for ye entrie of Johne Michelsonne in
Cruikburne, to ye nixt Court, under ye pane of v c .
merkis.
JEDBURGH CIRCUIT, 1623. 253
The said day, William Armestrang, callit Rakkeis,
enterit upon pannell, and actit himself judiciallie that
he sail compeir personallie befoir his Ma ties Commis-
sionars ye nixt Justice Court, under ye pane of v c .
merkis, and declairing of him fugitive of his awin con-
sent.
Continewis Gawin Tagartt and Ebbie Cavart, caw"rs
for ye entrie of Johne Armestrang in Hag, to ye nixt
Court, under ye said paine.
Continewis Wm. Bell, callit Tweddell in Chappell-
know, Thome Bennet, webster in Auchinbedrig, and
Wm. Grame in Barmgleis, as cawrs, conjunctlie and
seuerallie, for ye entrie of Johne Maweris in Ouer Ba-
grae, to ye nixt Justice Court, under ye panes fors d .
Continewis George Grhame and Thome Armestrang,
callit Mengertonn, as caw~rs, conjunctlie and seuerallie,
for ye entrie of Williame Grhame and Ebbie Car-
rutheris alias Wods, to ye nixt Justice Court, under
ye pane of fy ve hundreth merkis for ilk ane of thame.
The said day, Johne Baitty in Auchinbedrig, Wm.
Carrutheris, and Alexander Carrutheris in Lynholme,
entratt George Carrutheris in Barngles, upone pannell,
and y rafter actit yameselffis anew agane, conjunctlie
and seuerallie, for ye entrie of ye said Geordie, to ye
nixt Justice Court, under ye pane foresaid.
The said day, Robert Bell alias Hill in Auchinbed-
rig, and Johne Armestrang in Syde in Barngleis, en-
terit James Grhame in Barngleis upon pannell, and
254 ANNALS OF HAWICK.
actit yameselffis, conjunctlie and seuerallie, anew agane
for his entrie to ye nixt Court, under ye pane foresaid.
The said day, Johne Armestrang in Hoilhous, James
Irwyng in Glinzeirheid, and Andro Irvvyng in Notty-
holme, entrat George Thorn soune in Bawholme upone
pannell ; qrupon thay askit insets, and actit yemselms
anew agane for his entrie, to ye nixt Court, conjunctlie
and seuerallie, under ye pane foresaid.
The said day, Johne Baittie in Auchinbedrig, and
Johne Irwing in Brigganes, entret Johne Carrutheris
in Barngleis upone pannell ; qrupone thay askit ins~ts,
and actit yemselms anew agane, conjunctlie and seue-
rallie, for ye entrie of ye said Johne Carrutheris, to
ye nixt Court, under ye pane of fyve hundreth merkis
foresaid.
The said day, Willeame Jonstoune of Elsehiescheillis,
and Mathow Ewartt, bailye of Lochmaben, entrit
Paitt Ewart in Lochmabene upon pannell, and desyrit
thay mycht be frie of yair caw~rie ; qrupon thay askit
instruments. Lykeas, the said Mathow Ewartt, bailye
of Lochmabene, actit himself for ye entrie of ye said
Paitt Ewart, his sone, to ye nixt Justice Court, under
ye pane foresaid.
The said day, Johne Laidlay in Calsay, and Adame
Grhame in Harotfitt, enterit Johne Grame in Gunna-
bie upon pannell, and protestit they myt be frie of yair
caw~rie ; qrupone they askit ins~ts.
The said day, Robertt Armstrang, callit Rakkesin-
JEDBURGH CIRCUIT, 1623. 255
syde, entrit Francie Armstrang, callit of Tweidane,
and Archie Armstrang, callit Rakkes, upon pannell ;
qrupon he askit ins~ts, and actit himself anew agane for
yair entrie, to the nixt Court, under ye pane of v c . merkis
for ilk ane of yem.
The said day, Andro Wilsoune in Glinzear, enterit
James Walleas in Barngleis upone pannell ; qrupon
he askit ins~ts, and actit himself anew agane as caw r
for ye said James Walleas, that he sail enter to ye
nixt Justice Court, under ye pane foresaid.
The said day, George Grame, callit Carleill, entrit
Wm. Bell, his servetour, upon pannell, and protestit
he micht be fred of his caw'rie ; qrupone he askit in-
struments.
The said day, Gilbert Ellott, sone to Gawin Ellott
of Burghe, Andro Allane in Heidshaw, Johne Gowan-
lok yr, James Coutart yair, and Jon Turnbull in New-
ton, entrit Mungo Scott in Castellsyd upone pannell ;
qrupone thay askit instrumentis.
The said day, Robert Jairdonns of Lammebie,
Aymer Millikene in Dryfholme, and Jon Millikene in
Gouldcottis, entrit Cristie Millikene yr, upone pannell ;
qrupone thay askit instruments.
The said day, James Glendinning in Byrholme, and
Sandie Armstrang in Hardane, entrit Jon Armstrang,
callit of Powsholme upone pannell, and protestit thay
myt be frie of yr cawtion ; qrupone thay askit instru-
ments.
256 ANNALS OF HAWICK.
Continewis Thomas Harknes in Lockerbie, as caWr
for ye entrie of Andro Jonsonne, callit Cristies Andro,
in Milbank, to ye nixt Court, because ye said Thomas
Harknes producit ane testimoniall sub fc be Mr Robert
Hereis, minister at Dryfsdaill, that he was bedfast
seik aucht or nyne oulkis befoir.
The said day, Wm. Quhytt in Muslie, and Syme
Quhytt in Ailsmure, enterit Hob Wigholme, sum tyme
in Ailmire, upone pannell, and protest it thay micht be
frie of yair caw~rie ; qrupon they askit instruments.
Lykeas, the said William Quhytt actit himself anew
agane as caw~r for ye entrie of ye said Hob Wigholme,
to ye nixt Justice Court, under ye pane of fyve hun-
dreth merkis.
The said day, Andro Johnstoune in Kirktoune, actit
himself anew as cawV for ye entrie of Geordie John-
sonne, callit of ye Schaw, to ye nixt Court, under ye
pane of ffy ve hundreth merkis.
The said day, Robert Armstrang, callit Rakkes in
Syde, enterit Archie Rakkes, his broyer sone, uponne
pannell ; qrupone he askit insets. Lykeas, ye said
Robert actit himself anew agane for ye said entrie of
ye said Archie, to ye nixt Court, under ye said pane.
The said day, Mr Gilbert Ellott, sone to the Gud-
man of Stobbis, and Archie Ellott of Bowholme, en-
terit Will Ellott in Hiesches upone pannell, and actit
yemselffis anew agane for his entrie, ye nixt Court,
under ye pane of fyve hundreth merkis forsaid, con-
junctlie and severallie.
JEDBURGH CIRCUIT, 1623. 257
Continewis John Jardene of Cleugheidis, as caw*r
for ye entrie of Jok Grhame, miller at Dryffmylne, to
ye nixt Justice Court, under ye pane of fyve hundreth
merkis ; qrunto he actit himself for the entrie, as his
band beiris.
The said day, Archibald Maxwell of Bowhill, wes
continewit caw~r for ye entrie of Alexander Jaksoune
in Haliewode, to the nixt Court, under ye said panne.
The said day, Archibald Johnstonne in Blakfurde,
wes continewit caw~r for ye entrie of Andro Roull,
chappman, to ye nixt Court, under ye said pane, as his
bond beiris.
The said day, Christopher Irwying in Stabletonne,
and Herbertt Irwying in Todhoillis, enterit Johne and
George Irwyngis in Wodheids in pannell, and pro-
testit they micht be fred of yr caw~rie ; qrupon they
askit instruments.
The said day, Johne Bell of Albie, entritt Ritchart
Rae upoune pannell ; qruponne he askit instruments,
and yrefter actit himself anew agane, to ye nixt Jus-
tice Court for his entrie, befoir his Ma ties saidis Com-
missionars, under ye pane of v c . merkis.
The said day, Hew Scott, sone to Walter Scott of
Harden, is continuit cautioner for ye entrie of Johne
Watsone in Boldsyde, to his nixt call, under ye paine
foresaid.
The said day, Alexr. Carrutheris in Lynholme.
actit Johne Ewartt in Setthornis upone pannell, and
Y
258 AN1SFALS OF HAWICK.
protestit lie micht be frie of his cawrie ; qrupone he
askft instrumentis.
The said day, Johne Ewartt of Bodisbeck, enterit
Andro Dauidsoune in Moffet upone pannell, and pro-
testit he micht be frie of his cawtion ; qruponne he
askit instrumentis.
Continewis Robert Ellott of Reidheuch, "as caw~r
and souertie for ye entrie of Rowie Croser in Harts-
garth, to the nixt Justice Court, under ye said pane of
v c . merkis.
Duodecimo February, 1623.
Sederunt Domini Commissionarij ut in die precedents.
The said day, Johne Haliburtonne of Mertonne, en-
terit George Haliburtonne yr, upon pannell, and actit
himself anew agane as caw~r for ye said Geordie, that
he sail enter to ye nixt Justice Court, under the pane
of I m « merkis, befoir his Ma ties Commissionars, and
underly his hienes lawis for all that is to be laid to his
charge.
The said day, Thomas Carrutheris of Trailltrow en-
terit William Carrutheris in Dombie upon pannell, and
thereafter actit himself anew agane yat he sail compeir
ye nixt Justice Court befoir his Matties Commissionars,
to underly his hienes lawis, under ye pane of I™*
merkis.
The said day, Thome Irwing in Archerbeck actit
himself as cautioner and souertie for Robertt Irwyng,
JEDBURGH CIRCUIT, 1623. 259
wabster in Greiney, that lie sail compeir ye nixt Justice
Court befoir his Ma ties saids Commissionars, and un-
derly his hienes la wis, under ye panne of v c . merkis.
The said day, Thomas Graham in Nettyholme actit
himself as cavvr and souertie for Will Bell, servitor to
George Grame, callit Carleill, yt ye said Will Bell
sail compeir personallie befoir his Ma ties saids Commis-
sionars ye nixt Justice Court, and underly his hienes
lawis, under ye paine foresaid.
The said day, Lancie Armstrang of Quhitheuch, and
Sandie Armstrang in Harden, actit yemselffis con-
junctlie and severallie, as caw'rs for Johne Armstrang,
callit Pousholme, yat he sail compeir ye nixt Justice
Court personallie, and underly his hienes lawis, under
ye paine foresaid.
The said day, Hew Jonstoune, appearand of New-
land, actit himself as caw~r for Andro Dauidsoune in
Moffet, that he sail compeir personallie ye nixt Justice
Court, and underly his hienes lawis, under ye said
pane.
The said day, Syme Johnstoune in Foulshawis, actit
himself as caw~r for James Grahame yr, that he sail
compeir ye nixt Justice Court personallie, under ye
pane of v c - merkis foresaid.
The said day, Johne Johnstoune in Baittock, actit
himself as caw"r and souertie for Adame Mariorybankis
in Baittok, and Walter Johnstoune in Greinhill, that
they sail compeir personallie, ye nixt Justice Court,
260 ANNALS OF HAWICK.
and underly his liienes lawis, ilk ane of yem, under
ye panne of fyve hundreth merkis.
The said day, Johne Ainslie, bailze of Jedbrugh, actit
himself as caw*r and souertie for Wm. Johnstoune in
Phalay, that he sail compeir personallie, ye nixt Justice
Justice Court, and underly his hieness lawis for all yt
is to lay to his charge, under ye panne of v c - merkis.
The said day, Johne Clerk in Corheid, and Johne
Bell in Hauche, actit yemselffis, conjunctlie and seve-
rallie, for ye entrie of Syme Clerk in Earllhauch to ye
nixt Justice Court, to underly his hienes lawis, under
ye paine of v c - merkis foresaid.
The said day, Johne Nicoll in Craikhop, enterit
Wm. Ellott in Huntlaw upon pannell, and actit himself
anew agane as caw~r for ye said Will, yat he sail com-
peir ye nixt Justice Court, and underly his hienes
lawis, under ye said paine.
The said day, James Millykene in Blakmyre, enterit
Fergie Millikene of Dunscoir upon pannell, and actit
himself anew aganne as caw~r for ye said Fergie Mil-
liken, yat he sail compeir personallie ye nixt Justice
Court to be halden be his Matties saids Commissionars,
and underly his Hieness lawis, for all yat is to be laid
to his charge, under ye paine of v c - merkis.
The said day, Niniane Halliday in Beddockholme,
actit himself caw~r and souertie for Johne Atchisoune in
Corryphine, yat he sail compeir personallie, ye nixt
Justice Court, befoir his Ma ties said Commissioners,
JEDBURGH CIRCUIT, 1623. 261
and underly Lis hienes lawis for all yat is to lay to his
charge, under ye panne of v c - merkis.
The said day, Syme Clerk in Earlhauche, actit him-
self as caw~r and souertie for John Clerk in Corheid,
that he sail compeir personallie ye nixt Justice Court,
and underly his hienes lawis, for all yat is to be laid to
his charge, under ye said paine.
The said day, Wra. Ker, callit of Ancrum, actit him-
self as caw~r and souertie for Thome Howde in Ouer
Ancrum, that he sail compeir personallie ye nixt Jus-
tice Court, and underly his hienes lawis, under ye said
panne.
The said day, Johne Jardane in Cleugheid, actit
himself as caw~r and souertie for Willie Laidlay in
Braikanric, that he sail compeir personallie befoir his
Ma ties saids Commissionars, the nixt Justice Court to
be haldin be thame, and underly his hienes lawis for all
yat is to be laid to his charge, under ye said paine.
The said day, Johne Faireis, elder, in ye Kers of
Kendle, actit himself as caw~r and souertie for Jon and
James Faireis, his sones, that thay, and ilk ane of thame,
sail compeir personallie, befoir his Ma ties saids Com-
missioners the nixt Justice Court to be halden be
thame, and underly his hienes lawis for all yat is to
be laid to thair charge, under ye said paine of v c - merkis
for ilk ane of yame.
The said day, Williame Irwine in Eckilfechane, ac-
tit himself as caw~r and souertie for David and Mair-
tene Byris, that they sail compeir personallie befoir his
262 ANNALS OF HAWICK.
Ma ties saids Commissioners the nixt Justice Court to
be halden be thame, and underly bis bienes la wis for
all yat is to be laid to bis charge, under ye pane fore-
said for ilk ane of thame.
The said day, James Grahame in Corrielaw actit
himself as cautionar and souertie for John Irwing, sone
to David Irwing in Auchinslaye, that he sail compeir
the nixt Justice Court befoir his Matties saids Commis-
sionars, ye nixt Justice Court to be haldin be thame,
and underly his hieness lawis, under ye said pane of
v c - merkis.
The said day, Francie Batie in Steill, actit him-
self as cautioner and souertie for Mungo Batie in Car-
retrig, that he sail copeir personallie befoir the nixt
Justice Court to be halden be his hieness saids Com-
missionars, and underly his Ma ties lawis, under ye
said pane of v c - merkis.
The said day, Law Foster in Grenay actit himself
judiciallie that he sail compeir befoir his Ma ties saids
Commissionars the nixt Justice Court to be halden be
thame, under ye said pane of v c « merkis.
The said day, John Jardane of Cleugheids actit him-
self as cautioner and souertie for Sandy Ellott in Wan-
lippis, Wm. Makbrome in Goldcoittis, Williame Jar-
dane in Hall, and Andro Ker in Broomehills, Jok
Jonstone in , Thomas Skaillis in Spedlingis,
and Christie Milliekene in Goldcoitt, that thay, and ilk
ane of yame, sail compeir personallie befoir his Ma ties
saids Commissioners, and underly his hienes lawis the
JEDBURGH CIRCUIT, 1623. 263
nixt Justice Court to be halden be thame, under ye said
pane of v c - merkis for ilk ane of thame.
The said day, Watt Bell in Midleschaw actit himself
as cautioner and souertie for Jok Bell in Midleshaw,
that he sail compeir personallie, the nixt Justice Court
to be halden be his Matties saids Commissioners, and
underly his hienes lawis, under ye said pane.
The said day, Jaftray Irvvine actit himself as cau-
tioner and souertie for David Iruing in Midleshaw, that
he sail compeir personallie befoir his Ma ties saids Com-
missionars, the nixt Justice Court to be halden be
thame, and underly his hienes lawis, under ye said
pane of v c - merkis.
The said day, Jon Grahame in Grimmenbie, actit
himself as cautioner and souertie for Willie Bell, callit
Johnes Willie, that he sail compeir the nixt Justice
Court to be halden be his Matties saids Commissionars,
and underly his hienes lawis, under ye said pane.
The said day, Williame Irwing in Eckilfechaine, ac-
tit himself as cautioner and souertie for George Bell,
callit the Sid, that he sail compeir personallie befoir
his Ma ties said Commissionars, the nixt Justice Court
to be halden be thame, and underly his hienes lawis,
under ye pane foresaid.
The said day, Robert Dinwiddie, enterit David Din-
widdie in Earswod, and protestit that he micht be free
of his act of cawtion, qlk wes grantit be the saidis Com-
missionars, qrupon he askit instruments ; Quhilk David
264 ANNALS OF HAWICK.
Dinwiddie wes theirefter putt to libertie, and dismist
be ye saids Commissionars till he wer anew arreistit.
The said day, Robert Ellott of Dunlibyre actit him-
self as cautioner and souertie for Robbie Arnistrang in
Greinay, and Johne Arnistrang, his brother, that thay
sail compeir personallie befoir his Ma ties said Commis-
sionars the nixt Justice Court to be haldin be thame,
and underly his hienes lawis, under ye pane of v c -
merkis for ilk ane of thame.
The said day, Patoune Bell in ye water of Milk,
actit him as cautioner and souertie for Francie Young,
sone to James Young in Tundergath, that he sail com-
peir personallie befoir his Ma ties saids Commissionars,
the nixt Justice Court to be halden be thame, and un-
derly his hienes lawis, under ye said pane of v c - merkis.
The said day, James Langtoune in Earlehauch, actit
him as cautioner and souertie for Rob Porteous yr, that
he sail compeir personallie befoir his Ma ties said Com-
missionars the nixt Justice Court to be halden be
thame, and underly his hienes lawis, under ye said
pane of v c « merkis.
The said day, Jon Rutherfurde, callit Androis Jon,
burges of Jedbrugh, and James Hendersoune, burges
ther, actit thameselffis, conjunctlie and severallie, for
Hob and Thome Colthartis in Welhauch, in Tyneheid,
that they sail compeir personallie befoir his Ma ties saids
Commissionars the nixt Justice Court to be halden be
thame, and underly his hienes lawis, ilk ane of thame,
under ye pane of v c « merkis. Lyk as, Jon Colthart in
JEDBURGH CIRCUIT, 1623. 265
Bagstaneley, actit himself to warrand freith, relief and
skaithles keip, the said Jon Rutherfurd and James
Hendersoune, of thair becuming caution, in manner
foresaid, of the haill premissis.
The said day, James Langtoune in Earlehaugh, actit
him as cautioner and souertie for Thome Rodger in
Park, that he sail compeir personallie befoir his Ma ties
saids Commissionars the nixt Justice Court to be hal-
den be thame, and underly his hienes lawis, under ye
said pane of v c « merkis.
The said day, Johne Colthart in Bagstanelies, actit
him as cautioner and souertie for Archie Colthart in
Linsburne, that he sail compeir the nixt Justice Court
to be halden be his Maties saids Commissionars, and
underly his hienes lawis, under ye said pane of v c -
merkis.
The said day, Robert Armstrang, callit Raccas in
Side, actit him as cautioner and souertie for James
Dittone in Greanay, that he sail compeir personallie
befoir his Ma~ties saids Commissionars the nixt Justice
Court to be halden be thame, and underly his hienes
lawis, under ye said pane of v c - merkis.
The said day, Robert Jonstoune in Kirtill, and Watt
Irwyng, ther, actit thameselfis, conjunctlie and seve-
rallie, as cautioners and souerties for Jok Ewart in
Setthornis, that he sail compeir personallie befoir his
Matties saids Commissionars the nixt Justice Court to
be halden be thame, and underly his hienes lawis,
under ye said pane of v c - merkis ; Likas the said Ro-
z
266 ANNALS OF HAWICK.
bert Jonstoune actit him for relief of the said Watt
Irwing.
The said day, William Chalmeris in Barnehills, and
Geordie Crichtoune in Bangaes, actit yame, conjunctlie
and severallie, as cautioners and souerties for Andro
Jonstoune in Myreheid, that he sail compeir personallie
befoir his Ma ties saids Commissionars the nixt Justice
Court to be halden be thame, and underly his hienes
la wis, under ye said pane of v c - merkis ; Likas ye said
Andro Jonstoune actit himself to relief his said cau-
tioners in ye premissis.
The said day, Hob Irwine in Todhoillis, actit him as
cautioner and souertie for Jon Irwine in Wodheid, in
Stabletoune, that he sail compeir personallie the nixt
Justice Court to be halden be his Ma ties saids Com-
missionars, and underly his hienes la wis, under ye pane
foresaid.
The said day, Thomas Fogo and William Champlay,
burgesses of Jedbrugh, actit thameselffis, conjunctlie and
severallie, as cautioners and souertie for George Frissell,
burgess of Jedbrugh, that he sail compeir personallie
befoir his Matties saids Commissionars the nixt Justice
Court to be halden be thame, and underly his hienes
lawis for all that is to be laid to his charge, under the
pane of I m . merkis money.
The said day, Hercules Jonstoune in Lockarbie,
actit him as cautioner and souertie for Jon Jonstoune,
callit Pettis Jonne, in Auldwallis, that he sail compeir
personallie befoir his Ma ties saids Commissionars the
JEDBURGH CIRCUIT, 1623. 267
nixt Justice Court to be haldin be thame, and underly-
ing hienes lawis, under ye pane of v c « merkis.
The said day, Hob Irwing in Todhoillis, and David
Robsoune in Stockis, actit thame, conjunctlie and seve-
rallie, for Geordie Irwin in Wodheid, in Stabletoune,
that he sail compeir personallie befoir his Ma ties saids
Commissionars the nixt Justice Court to be halden be
thame, and underly his hienes lawis, under ye said
pane of v c - merkis.
The said day, Jon Ellott, callit Dods, in Thorlies-
hoip, and Jon Turnor in Nether Nesbit, actit thame-
selffis, conjunctlie and severallie, as cautioners and
souerties for Michael Birnie in Fairnylies, that he sail
compeir personallie befoir his Maties saids Commis-
sionars the nixt Justice Court to be halden be thame,
and underly his hienes lawis for all yat is to be laid to
his charge, under ye said pane of v c . merkis.
The said day, Thomas Jonstoune of Beirholme actit
himself as cautioner and souertie for Jon and Williame
Aitchiesoune in Brayfield, that they sail compeir per-
sonallie befoir his Ma~ties saids Commissionars the nixt
Justice Court to be halden be thame, and underly his
hienes lawis, under ye said paine of v c - merkis for ilk
ane of thame. Lykas, the saids Jon Aitchiesoune,
elder, Jon, Williame, and Hob Aitchiesoune, his sons,
actit yameselffis, conjunctlie and severallie, to relief
the said Thomas Jonstoune of his becuming cawtione
in ye premissis.
The said day, James Jonstoune, callit Auld Jamie
of Braikansyd, and David Moffett in Moffett, actit
263 ANNALS OF HAWICK.
yameselffis, conjimctlie and severallie, as cautioners for
James Mairtene in Dyik, that he sail compeir per-
sonallie befoir his Matties saids Commissionars the nixt
Justice Court to be haldin be thame, and underly his
hienes lawis, under ye said pane.
The said day, David Quhippo in Boig, Francie
Armstrang, callit of Kinmonth, and Robert Grahame,
callit of Gillesbie, actit thame, conjunctlie and seve-
rallie, as cautioners and souerties for Jon Armstrang of
Wodhouslies, that he sail compeir personallie befoir his
Ma ties saids Commissionars the nixt Justice Court to
be halden be thame, and underly his hienes lawis,
under ye said pane of v c - merkis.
The said day, Thomas Laidlay in Meidschaw, James
Laidlay in Fairnylies, Jon Laidlay in Dryhoip, actit
yameselffis, conjunctlie and severallie, as cautioners
and souerties for Hob Laidlay in Meidschaw, that he
sail compeir personallie befoir his Ma ties saids Com-
missioners the nixt Justice Court to be halden be thame,
and underry his hienes lawis, under ye said pane of
v c - merkis.
The said day, Robert Moffett of Altoune actit him-
self as cautionar and souertie for Watt Young in Set-
thornes, that he sail compeir personallie befoir his
Matties saids Commissionars the nixt Justice Court to
be haldin be thame, and underly his hienes lawis,
under ye said pane of v c - merkis.
The said day, Hew Scott in Greinheid, sone to
Walter Scott of Harden, actit himself as cautioner and
souertie for Jon Quhit in Greinheid, that he sail com-
JEDBURGH CIRCUIT, 1623. 269
peir personallie befoir his Matties saids Commissionars,
the nixt Justice Court to be haldin be thame, and
underly his hienes la wis, under ye said pane of v -
merkis.
The said day, Jon Bell in Albie, actit himself as
cautioner and souertie for Cristie Irwing, callit of Rob-
gill, that he sail compeir personallie befoir his Ma ties
saids Commissionars the nixt Justice Court to be bal-
den be thame, and underly his hienes lawis, under ye
said pane of v c - merkis.
The said day, Robert Taitt in Cessfurdmaynis, and
George Melros, ther, actit yame, conjunctlie and seve-
rallie, for Williame Taitt in Cessfurdmaynis, that he
sail compeir personallie befoir his Ma ties saids Com-
missionars the nixt Justice Court to be halden be thame,
and underly his hienes lawis, under ye said pane of
v c - merkis.
The said day, Williame Crychtoune of Hill enterit
Michaell Cairleill in Heuch upon pannell, and desyrit
yat he micht be fred of his act of cawtion, qlk wes
grantit, qrupon he askit instrumentis ; Qlk Michael
Carleill wes yairefter dismissit be his Matties saids
Commissionars, and put to libertie to ane new citatioune
or arreistment.
The said day, Gawin Jonstoune of Cairtertoune, and
Richart Storrie, servitor to James Jonstoune of yat ilk,
actit thameselfis, conjunctlie and severallie, as cau-
tioners and souerties for Walter Jonstoune, callit of
Nyneholme, that he sail not eschew furth of ye tol-
buith prisoune of Jedbrugh, qrintill he presentlie re-
270 ANNALS OF HAWICK.
mains, till he be sett to libertie be the Lords of bis
Maties Secret Counsell, or Commissioners foresaid,
under ye said pane of v c - merkis ; Lykas, the said
Gawin Jonstoune of Cairtertoune, actit him to relief
the said Richart Storrie of ye haill premissis.
The said day, Symeon Wilsoune in Preisthauch, Jon
Mairtene in Branxholmetoune, Robert Mairtene in Cha-
pelhill, and William Cowane in Craik, actit yameselfis
as cautioners and souerties, conjunctlie and severallie,
for Hob Cowane in Ailmure, that he sail compeir per-
sonallie befoir his Ma ties saids Commissioners the nixt
Justice Court to be halden be thame, and underly his
hienes la wis, under the said pane of v e - merkis ; Lykas,
the said Williame Cowane actit him to releif the rest
of ye cautioners above namet of the haill premissis.
The said day, Robert Rutherfurd of Edzerstoune,
actit him as cawtioner and souertie for Williame Ainslie,
callit Wouplaw, that he sail compeir personallie befoir
his Ma ties saids Commissionars the nixt Justice Court
to be haldin be thame, and underly his hienes lawis,
under ye said pane of v c « merkis.
The said day, Andro Rutherfurd in Greinis actit
him as caw"r and souertie for Jok Rutherfurde, callit
of ye Brae, that he sail compeir personallie befoir his
Ma ties saids Commissionaris the nixt Justice Court to
be haldin be thame, and underly his hienes lawis,
under ye said pane.
The said day, Andro Allane in Heidschaw, and
Jon Cambell in Newtoune, actit yameselfis, conjunctlie
and severallie, as cautioners and souerties for Mungow
JEDBURGH CIRCUIT, 1623. 271
Scott in Castelsyd, that he sail compeir personallie be-
foir his Matties saids Commissionars the nixt Justice
Court to be haldin be thame, and underly his hienes
lawis, under ye said pane of v c - merkis.
The Court of Justiciarie of the Sheriffdomes of
Roxburgh, Dumfreis, Berwick, Selkirk, Peiblis,
and Stewartries of Kirkcudbryckt and Annan-
daill, haldin and begun at Jedburgh, the xv
day of Apryle, the yeir of God I m « VI C « and
twentie-three yeirs, Be the Rycht Noble and
Michtie Erie Walter Erie of Buckcleughe, Lord
Scott of Quhitchester and Eskdaill, Williame
Lord Cranstoune, Andro, Maister of Jedbrugh,
Sir William Seytoune of Kyllismure, Knycht,
Sir Jon Murray of Phillophauch, Knycht, James
Maxwell of Kirkconnell, Sir Williame Grier-
son of Lag, Knycht, and Sir Jon Chart oris of
Ammisfield, Knycht, Commissionars and Jus-
tices to our Souerane within the haill boundis
foresaid, be vertew of his Hienes Commissione,
under his Ma~ties Greit Seale ; Robert Scott
and Stevin Young, messengeris and officeris ;
Johne Lautoune, dempster.
The Court lawchfullie fenssit.
The said day, William Armstrang, callit Bald, in
Quhisgillis, being callit upon as cautioner and souertie
for ye entrie of Jon Armstrang callit of Tueden, his
broyer, before his Matties Commissionars ; Quha yrefter
wes maid frie of his said act of cautioune be his Mat-
ties said Commissionars, and dischargit yrof.
272 A1SHSTALS OF HAWICK,
Decimo sexto Aprilis I m « VI C * xxiiij yeirs.
Sederunt Domini Commissionarij ut in die precedents
The said day, James Irwine of Cleugheids, actit
himself as cautioner and souertie for James Jonstoune,
callit Auld Jamie of Braikansyd, that the said James
sail compeir personallie befoir his Ma ties saids Com-
missionars the nixt Justice Court to be halden be yame,
within the bounds of yair commissioune, without any
citatioune, and underly his hienes lawis for all yat is to
be laid to his charge, under ye pane of I m . merkis
money ; and ye said James Jonstoune actit himself to
relief his said cautioner in ye premissis.
The qlk day, the persounes under-namet being callit
upone, enterit upon pannell, viz. : —
Thomas Haliday in Moline.
Geordie Thomsoune in Burnswarklies.
Hob Nicksoune, callit Scabbit Hob.
Ralff Hair in Wodburne.
Johne Armestrang in Catgill.
Adie Armstrang in Griens.
Syme Jonstoune, callit Birnie.
Thome Carutheris, callit Murchum.
Andro Lytle in Bombie.
Robert Lytle, his broyer.
Adam Batie in Craighous.
James Jonstoune in Rammarhill.
Andro Craik in Dinwiddie.
Jon Hall, callit ye Chief, in Newbiging.
Lancie Hall, ther.
JEDBURGH CIRCUIT, 1623. 273
Syme Ellott, callit Gyde.
Alie Armestrang, callit of ye Syde.
Rowie Foster, callit Ower ye Moss.
Jon Bell, callit Lamb.
Archie Rattrie in Syd, callit Armestrang.
Francie Armestrang, callit of Tealden.
Persounes of Assyse following, being ressavit,
sworne, and admittit judiciallie.
James Gibsoune of Inglistoune.
Andro Cunynghame of Gairstoune.
Johne Hunter of Craiginkene.
Steine Laurie, mercband burgess of Drumfries.
Mr James M'Math, of yat ilk.
Hew Douglas of Mortoune.
Andro Douglas, appearand of Frierscbaw.
Robert Scott, callit of Altoune, bailye of Hawick.
Jobne Dicksoune, provest of Peiblis.
George Ker of Newhall.
Robert Scott, callit Mariounes Hob, laitt bailye of
Hawik.
Robert Scott, callit West Portt, in Hawick.
Jobne Riddcll, appeirand of yat ilk.
George Ker of Cavers.
Gilbert Ker of Lochtoure.
The haill persounes of inqueist electit, and cboisit ye
said Johne Riddell appearand of yat ilk chanceller.
Item, qr Syme Johnestoune, callit Birny, is indyttit
for the thifteous steilling, &c. of thrie scheip furth of
ye lands of Graitnay, perteining to Barbara Charil-
toune, yair, in ye moneth of Marche last. Clengit yrof.
274 ANNALS OF HAWICK.
Item, q r Ralff Hair in Wodburne is accusit for airt
and pairt of ye thifteous steilling, &c. of sevintene
scheip, at seuerall tymes, perteneing to George Chis-
holme of Wodburne, furth of ye lands yairof, about
Mertymes last or yairby, and last, about New Yeir day
last bypast, for ye thifteous steilling of nine of ye said
scheip. Clengit of ye haill.
Item, q r Geordie Thomsoune in Burneswarklie was
accusit for thifteous steilling, &c. of fyftene yowes furth
of ye lands of Blakesk, perteining to James Haliday,
in ye moneth of Marche gane ane yeir, and for ye thif-
teous steiling of sevin yowes furth of ye lands of Gim-
mabie, perteining to William Jonstoune of Gimmabie,
at Lambas last or thairby. Clengit of baith.
Item, q r Jone Hall, callit Cheiff, in Newbigging,
and Lancie Hall, ther, ar accusit of airt and pairt of
the thifteous steilling of ane meir perteneing to Roger
Hall in Daviescheill, furth of ye lands yairof. Clengit
of the same.
Item, q r Andro Craik in Dinwiddie is accusit for the
thifteous steilling of ane firlott of come, and twa pekis
of grottis, and twelf tailyeis of beyff, perteining to
Adame Dinwiddie, smith in Mossyde, furth of the
lands yairof, about Yuill last or yairby. Remittis him
to his Ma ties saids Commissionaris, to be censurat as
accordis.
Item, q r Johne Hall, callit ye Cheiff, in Newbigging,
Lancie Hall, thair, ar accusit for airt and pairt of ye
thifteous steilling and resetting of sevin nolt, sax of
yem perteining to Isaac Patersoune in Huronnesclois,
JEDBURGH CIRCUIT, 1623. 275
four of yem ky, ane ox, and ane stott, and ane uther
ox perteining to Jon Meitfurd, thair, furth of ye lands
of Heronnescloise, about ye first Ladie-day last.
Clenges thame of ye thift, but fyllis thaine upone ye
ressett of ye said nolt, and being airt and pairt with
John Hall of Heviesyde, being ane outlaw and fugitive
in selling of thame.
Item, qr Thome Carutheris in Murthum is accusit
for the steilling, &c. of five scheip perteining to Francie
Armstrang in Munbiehirst, furth of ye lands thairof, in
ye moneth of December last or yairby ; and for the
steilling, &c. of thrie scheip perteneing to Johne
Ritchartsonne in Grystaill, furth of ye lands yairof,
upone Tysday ganne aucht dayes. Clengit of baith.
Item, qr he is accusit for ye thifteous steilling, &c.
of twa scheip perteining to Andro Hoip in Munbihirst,
furth of the lands thairof, about audit dayes syne or
yrby ; and for ye thifteous steilling of ane other yow
with lamb, perteining to Dorie Armstrang in Bowholme,
furth of ye lands yrof. Fyllit of baith upon his awin
confessione.
Item, qr Hob Nixsoune, callit Scabbit Hob, is accusit
for the thifteous steilling, &c. of sax yowis perteining
to Rosie Armstrang and her tennentis, furth of ye lands
of Mangertoune, about New Yeir Day last or thairby.
Clengit thairof.
Item, qr he is accusit for ye thifteous steilling, &c.
of thrie scheip perteneing to ye said Rosie Armstrang
in Mengertoune and hir tennentis, furth of ye lands
thairof, in ye moneth of December last or thairby ; and
ANNALS OF HAWICK.
for ye thifteous steilling of fyve scheip perteining to
ye said Rosie Armstrang, furth of ye lands of Manger-
toune, on Yuill day last. Fyllit of baith.
Item, qr Thome Haliday in Molem is accusit for ye
thifteous steilling of ten scheip perteneing to
Corsbie in Crawfurdmure, furth of ye lands of Kirk-
hoip, upone ye saxtene day of December last or yrby ;
and for ye thifteous steilling of twa nowt furth of the
lands of Cathill, perteining to Jon Gibsonne, merchand
burgess of Dumfreis. Fyllis him upone his awin con-
fession of ane.
Item, q r James Jonstonne in Rammerhill is accusit
for the thifteous steilling, &c. of ane yow perteining to
Thomas Pott in Dinwiddie, furth of ye lands of Greit-
heid, in Fasterringsewin last, and for generall thift.
Clengit of baith.
Item, q r he is accusit for ye steilling, &c. of ane
wedder scheip perteining to Robert Mayne, furth of
ye lands of Greitheid, uponn ye xxvj day of Merche last
by past. Fyllit yrof on confessione.
Item, q r Jon Armstrang, callit Catgill, is accusit for
ye steilling, &c. of twa scheip furth of ye lands of
Kirkconnell, perteining to in Kirk-
connell. Fyllit upon his awin confession.
Item, q r JEhiQ Armstrang in Greinis is accusit for
the steilling and robbing of Jon Ellott, blindman, his
purs, and steilling furth yrof four punds money, and
for murthering of himself, be casting of him ower ye
brig of Ancrum in Merche last. Fyllit yrof.
*
.JEDBURGH CIRCUIT, 1623. 277
Item, c[ r Rowie Foster, callit Ower ye Moss, is
accusit for the thifteous steilling, &c. of twentie sclieip
furth of the lands of Meirdyiks, perteining to Walter,
Erie of Buckcleughe, in the moneth of Januar last ;
and for the steilling of twentie scheip furth of the lands
of Callshiels, perteneing to Gawin Ellott, callit of ye
Schawis, and Jon Nicksoune in LawishiJI, in the
moneth of Fehruar thrie yeir syne or yrby ; and for the
steilling of ane mirk gray naig furth of ye lands of
Chapelhill, perteining to Andro Lytle yr, in the
moneth of Maij last. Fyllit of the haill.
Item, q r Adam Batie in Craighous, Andro and
Robert Lytles, yr, and Jon Bell, callit Lamb, is accusit
for airt and pairt of the thifteous steilling, &c. of four
scheip furth of the lands of Albie, perteining to Jon
Bell there, uponn Thursday gane aucht days, at nicht.
Fyllis Robert Lytle yrof, and clengis Adam Batie,
Andro Lytle, and Jon Bell of the same.
Item, q r Syme Ellott, callit Guyd, in Linsburne,
Abie Armstrang, callit of ye Syd, Archie Armstrang,
callit Raccas, and Francie Armstrang, callit Tueden,
ar accusit for the steilling, &c. of thrie ky perteining
to Jok Eliot, callit Dod, furth of the lands of Buceburne,
about Midsummer last or thereby. Clengis Archie
Armstrang, callit Raccas, and Francie Armstrang,
callit Tueden. Fyllis Syme Ellott and Abie Arm-
strang thereof. (Sic Subr.J H. Riddell, C*.
Decimo septimo die mensis Aprilis, I m . VI C . xxiij.
Sederunt Domini Commissionarij ut in die precedenti.
The said day, William Rutherfurd, notar, in Jed-
278 ANNALS OF HAWICK.
burgh, enterit Jonet Wicht in Yettame upon pannell,
and protestit that he micht he frie of his act of caw-
tionrie, quhilk was grantit, and he dischargit thereof;
whereupon he askit instruments ; quhilk Janet was
thereafter dismist, and put to liberty quhill she wer
anew summoned be the saidis Commissioners.
The said day, Francie Batie in Steill, enterit Mungow
Batie in Carretrig upon pannell, and protestit he might
be frie of his act of caution, whilk was granted ; quhere-
upon he asked instruments.
The said day, Jon Hendersoune in Kersecleughe,
enterit Jon Mitchelsonne in Catcleughe upon pannell,
and protestit he might be frie of his act of cautione,
quhilk was grantit ; quhereupon he askit instruments.
The said day, Thomas Fogo and William Champlay,
burgesses of Jedburgh, entered George Frissell burges
of Jedburgh, upon pannell ; quhereupon he askit instru-
ments, and protestit he might be frie of his act of cau-
tionary.
The said day, Jon Jardane of Cleugheids, entered
Will Jardane in Hall upon pannell, and protestit he
might be frie of his act of cautionary, quhilk was
grantit ; quhereupon he askit instruments.
The said day, Thome Caruther of Trailtrow, entered
Will Caruthers of Dumbie upon pannell, and protestit
that he might be fred of his act of cautionary, whilk
was granted ; quhereupon he askit instruments.
The said day, Mathew Ewart in Lochmaben, entered
JEDBURGH CIRCUIT, 1623. 279
Pett Ewart, his sone, upon pannell, and protestit he
might be fred of his act of caution, quhilk was granted ;
quhereupon he askit instruments.
The said day, William Ker of Ancrum, entered
William Houd yr, upon pannel, and protestit he might
be frie of his act of cautionary, quhilk was grantit ;
quhereupon he askit instruments.
The said day, Jon Jardane of Cleugheids, entered
Willie Laidlay in Braikanwrae upon pannell, and pro-
testit he might be frie of his act of caution, quhilk was
grantit ; quhereupon he askit instruments.
Persones following being called upon, entered upon
pannell.
Robert Rutherfurd of Toftis.
Adam Robsoune in Auld Jedburgh.
Andro Pattersonne in Foultoune.
Walter Bell, callit Oswell's Wattie, in Middelbie.
Andro Armstrang, Quhythauch.
Geordie Carutheris, tailyeour.
Willie Wilsonne that cam fra Cairleill.
Geordie Thomsonne in Bowholme.
John Irwing, callit lang Laird Hoddim.
James Irwing, his broy r .
Jonstonne, his spous.
Johne Hall, callit ye Gumer, in Newbigging.
Archie Colthart in Quheilrig.
Andro Lytle in Craighous.
Johne Scott, thair.
George Frissell, burgess of Jedburgh.
Mungow Batie in Carretrig.
280 ANNALS OF HAWICK.
Pett Ewart in Lochinabane.
Williame Carutheris of Dambie.
Williame Jardane in Hall.
Jon Mitchelsonne in Catcleuche
Will Laidlay in Braikanwrae.
Thomas Houd in Ower Ancrum.
The said day, the persons of assize following wer
received, sworn, and admittit judiciallie, viz. : —
James Gibsonne of Xngiistoune.
Andro Cunyghame of Gardistoune
Johne Hunter of Craiginkene.
Stewin Lourie, burges of Dumfreis.
Mr James Makmath of that ilk.
Hew Douglas of Mortoune.
Andro Douglas, apperand of Freirshaw.
Robert Scott, callit of Altoune, Baillie of Hawick.
John Dickiesoune, Provest of Peibles.
George Ker of Newhall.
John Turnbull of Howdoune.
Johne Halyburtonne of Murislaw.
John Eiddell, appearand of that ilk.
Francis Irwine, Baillie of Dumfreis.
Robert Scott, Westport, at Hawick.
The said day, the haill persons of inquest chusit the
said Jon Riddell chancellar.
Item, q r Thomas Houd in Ancrum was accusit for
the thifteous steilling of twa ky furth of ye lands of
Plassadge, in Ingland, in harvest bygane sevin yeirs or
yrby, perteining to Walter Scott of Todrig, and Robert
Somervell in ye Midle. Clengit thereof.
JEDBURGH CIRCUIT, 1623. 281
Item, q r Pett Ewart in Lochmabene is accusit for ye
steilling of twa ky, perteining to Mr Robert Hender-
soune, minister at Locbmabene, furth of the Comone
of Lochmabene, in ye moneth of June last ; and for the
thifteous steilling of ane soir basenet meir perteining
to Robert Johnstonne of Thorny quhatt, aff ye lands
thereof, about Lambas last or thairby ; and for the
sterling of James Wilsonne in Hietrie, his purse, in
Carleill, with ane hundreth punds therein, ane yeir
syne or yrby . Clengit of the haill.
Item, q r Mungo Baitty in Carretrig is accusit for ye
thifteous steiling, &c. of threttie-fy ve scheip perteining
to Mungo Wod in Sterkscheillhill, furth of the lands
yairof, in November last or yrby. Clengit thereof.
Item, q r Johne Scott and Andro Lytill in Craig-
house ar accusit for the thifteous steilling, &c. of ane
broune ox furth of the lands of Boigburne, perteining
to Robert Pringle in Baittingbus, in ye month of Fe-
bruary last ; and for the steiling of ane blak naig furth
of the lands of Greingaithous, perteining to Jone Jair-
dane there. Clengit of the haill,
Item, q r Jon Hall, callit the Gumer, is accusit for
ye steiling of ane meir furth of ye lands of Daviescheill
in Ingland, perteining to Roger Hall in Daviescheill,
in ye month of June last by past. Clengit thereof.
Item, q r Johne Irwine, callit lang Laird Hoddame.,
James Irwine, his brother, and Jonstonne, his
spouse, ar accusit for airt and pairt of ye thifteous
steiling, &c. of sevin gaitt furth of ye lands of Brocht-
schall, at several tymes, perteining to Elizabeth Ilardie,
2 A
282 ANNALS OF HAWICK.
spous to umquhill David Dalrymple, betwixt Yull and
Candlemes last ; and for ye cruell burning of ane barne
full of come, beir, quheit, and ry, perteining to Wm.
Bell in Holmheid, upon ye tent day of Februar last by
past. Clengit of the haill.
Item, q r Willie Laidlay in Brackinrae is accusit for
airt and pairt of the thifteous steiling, &c. of aucbt
scheip, at several tymes, perteining to Jok Haliday in
Moskerswa, furth of ye lands tbairof, in Januar^last,
viz. twa scheip and tw ahoggis upon ye xj day, twa
upon the 12 th day, and twa upon the xiij day.
Clengit thereof.
Item, q r Will Carutheris, callit of Dombie, is accusit
for ye thifteous steiling, &c. of thrie sheep perteining
to Robert Jonstoune of Newtoune, furth of the lands of
Hartwood ; and for ye steiling of uther thrie scheip fra
Jon Roull in Possell, in ye month of January last,
furth of ye lands yrof; and for ye thifteous steiling of
ane broun naig, quhyt fittit, at Yull gane ane yeir ;
and for ye thifteous steiling of thirteen sheep perteining
to Nicolas Jardaine, Ladie Howmaynes, nine yeir syne
or thairby ; and for ye thifteous steiling of ane dune
gray naig perteining to Jone Nicolsonne in Dattone,
son to Ritchart Nicolsonne ; and for ye thifteous steil-
ing of ane meir fra James Wilkie in Ouer Aymigle.
Clengit of the haill.
Item, qr Geordie Carrutheris, wobstar in Nottieholme,
is accusit for ye thifteous steiling, &c. of fifteen scheip
perteining to Mr David Roger, Minister at Saint
Mungowis, furth of the lands of Wattieholme, in Januar
last. Clengit thereof.
JEDBURGH CIRCUIT, 1623. 283
Item, q r George Frissell is accusit for ye thifteous
steiling, &c. of ane gray naig furth of ye landis of
Eakle in Ingland, perteining to Sir Wm. Selbie in
Ingland, in ye month of May 1620. Clengit thereof.
Item, q r William Wilsonne, that come fra Carleill, is
accusit for the thifteous steiling, &c. of sax scheip and
xviij gaitt, perteining to Gilbert Ellott of Stobbis, furth
of ye lands of Stobbis and Teviotheid, in ye moneth
of December 1620. Fyllit thereof.
Item, q r Andro Armstrang, Quhythauche, and
Archie Colthart in Quheilrig, ar accusit for ye thifteous
steiling of sax lambis perteining to Johne Thomsoune
in Partburne, and his servandis, furth thairof, about
Midsomer last. Fyllit Andro upon the thyft, and
Archie upon ye ressett, and making payment back
again thairof.
Item, qr Robert Rutherfurde, son to Thome of the
Toftis, is accusit for the thifteous steiling of twa studd
raeiris perteining to Sir Harie Withrintonne and Will
Bell, his man, furth of ye lands of Faupshoip, in ye
hinder end of November last. Fyllit thairof.
Item, q r he was indyttit and accusit for ye steiling
of four yowis perteining to Andro Ruyfurde in Greinis,
furth of the lands thairof, in ye month of October last
by past ; and for ye steiling of four yowis perteining
to Mr George Fraser in Bus, furth of the lands thairof,
at Lambas last ; and for ye steiling of twa wedderis
and ane tuip perteining to Johne Ainslie in Blakhall,
furth of ye lands of Hillhous, in August last or thair-
by j and for the steilling of ane yow perteining to Wm.
284 ANNALS OF HAWICK.
Ainslie in Edgerstoune, in September last. Clengit
of the haill.
Item, q r Andro Patersonne in Foultoune is accusit
for ye thifteous steiling, &c. of ane ox and ane cow
perteining to Erne Wilsonne in Eist Newtoune, in
Glendaill, furth of the lands of Rottonwod in West
Newtoun, at All Hallow Day gane ane yeir or thairby.
Clengit thereof.
Item, q r he is indyttit and accusit for the thifteous
steilling of saxteen yowis furth of ye lands of West New-
toun, perteining to ye inhabitants thairof, at Michael-
mas gaine thrie yeir. Fyllit thereof.
Item, q r Johne Michelsonne in Catcleuch is accusit
for ye thifteous steiling of four ky and ane ox, perteining
to Andro Riddell of yat ilk, and of ane ox perteining
to Johne Murray, servitor to Sir Johne Murray of
Philiphauch, Knicht, furth of ye lands of Low, other-
wise called the Catclughe, about Saint Androis day
gane thrie yeir. Fyllit thereof.
Item, qr Wattie Bell, callit Oswallis Wattie, is ac-
;usit for the thifteous steiling of ane blak meir pertein-
ing to Johne Grahame, furth of the lands of Wyllie-
hill, and of ane black naig furth of ye said lands, per-
teining to Will Bell there, upon ye tent day of Nov.
1621 yeirs. Fyllit of baith.
Item, q r Geordie Thomsoine in Bewholme is accusit
for ye thifteous steiling of nine scheip from Mr John
Douglas, Minister at Cannabie, furth of the lands of
Cannabie, in Februar last ; and for ye steiling of the
blankettis. Clengit of baith.
JEDBURGH CIRCUIT, 1623. 285
Item, q r he was accusit for the steiling of ane clock
perteining to Will Ellott, callit of ye Mylne, in Cassil-
toune ; and for ye steiling of twa scheip perteining to
Andro Hoip in Mumbiehirst, furth of the lands thairof,
within thir ten dayes, and for comoune pykrie. Fyllit
of baith.
Item, q r Adam Robsoune in Auld Jedburgh is ac-
cusit for the thiftuous steiling of ane kow perteining
to Dandie Olipher in Clariley, at Michaelmas last or
yairby. Fyllit of the ressett thairof.
(Sic Subscribitur) H. Riddell.
The said day, Thome Laidlay in Meidshaw, James
Laidlay in Fairneleyes, and John Laidlay in Dryhoip,
enterit Johne Laidlay in Meidshaw upon pannel, and
desyrit to be frie of yair act of cautione ; quhilk Hob
Laidlay was dismissit be ye saids Commissioners till
he was anew arrestit againe.
The said day, Gawin and Jok Tagartis in Crois-
dykes, being callit upon, enterit upon pannell, and pro-
testit they might be frie of yair act of caution, which
was grantit ; and, because nane compeared to persew
them, were dismissit till ane new citation ; quhereupon
they askit instruments.
Decimo octavo Aprilis 1623, being yefourt day of ye
said Court.
Sederunt Domini Commissionarij ut in die precedenti.
The said day, Johne Faireis in Kers of Kendal, en-
tered Johne and James Fareiss upon pannell, and de-
286 ANNALS OF HAWICK.
syrit they might be frie of yah* act of caution, qlk was
grantit ; quhereupon they askit instrumentis.
The said day, Syme Clerk and Robert Porteous in
Earllhaugh, entered upon pannell, and protestit they
might be frie of yair act of caution, qlk was grantit ;
quha was therefter disraissit till they wer anew arrestit ;
quliereupon they askit instruments.
The said day, James Grahame in Corrielaw, enterit
upon pannell, and protestit he micht be frie of his act
of caution, qlk was grantit ; quha therefter was dis-
mist till ane new citation ; quliereupon he askit in-
struments.
The said day, George Crightoune enterit Andro
Johnstoune of Myrheid upon pannell, and protestit he
micht be frie of his act of caution, qlk was grantit ;
quhereupon he askit instruments.
The said day, Johne Ellott, callit Dod, entered
Michaell Birnie in Fairnylies upon pannel, and pro-
testit he micht be frie of his act of caution, qlk wes
grantit ; quhereupon he askit instruments.
The said day, Robert Armstrong in Syd, enterit
James Datoune in Greenay upon pannel, and protestit
he micht be fred of his act of cautionary, qlk wes
grantit • quhereupon he askit instruments.
The said day, Law Foster enterit upon pannell, con-
forme to his act.
The said day, Patrick Jardane of Gotterbie, enterit
JEDBURGH CIRCUIT, 1623- 287
Jon Carrutheris upon pannell, and protestit he micht be
frie of his act of caution, qlk wes grantit. Quhilk Jon
Carrutheris was therefter clismist to ane new arrest-
ment be his Majesties said Commissioners ; quhereupon
the said Patrick Jardane askit instruments.
The said day, Johne Rutherfurde in Kilboche, and
James Grahame in Ormestoune, actit themselves, con-
junctly and severally, as cautioners and sureties for Hob
the Grahame in Uddleslab, and Walter Grahame his
brother, that they sail compeir personallie befoir his
Majesty's said Commissioners the nixt Justice Court
to be halden by yame, and underly his hienes lawis
for all yt is to be laid to yr chargis ilk ane of yame,
under the pain of 500 merks money. Likeas ye saids
Hob and Thome Grahames actit yame, conjunctlie and
severalie, to relief yr saids cautionar of ye premises.
The said day, Walter Turnbull of Bedroull, was
continewit caution for the entry of David Tumbull,
burgess of Jedburgh, to ye nixt Court, under ye 6aid
pain of v c . merks.
The said day, Jon Armestrang in Capelgill, enterit
Willie Armstrong, callit Benks, upon pannel, and pro-
testit he micht be frie of his said act of cautionary, qlk
wes grantit ; quhereupon he askit instruments.
The said day, Jonstonne of Escheillis,
younger, enterit Thome Coulthart in Bektoune upon
pannel, and protestit he micht be frie of his said act of
cautionary, qlk wes grantit ; quhereupon he askit in-
struments.
288 ANNALS OF HAWICK.
The said day, James Mitchelhill, burges of Selkirk,
enterit James Cowane in Selkirk upon pannell, and
protestit lie micht be frie of his act of cautionrie, qlk wes
grantit ; whereupon he askit instruments. Quhilk
James Cowane was therefter dismist by his Majesties
said Commissioners till he was anew arrested.
The said day, Andro Jonstonne, callit of Mylnebank,
being enterit upon pannell of his awin consent, actit
himsel, gif it wald pleis his Majesties saids Commis-
sionars nott to put him to the tryell of ane assyse, that
he wald be banishit forth of yis realme of Scotland,
betwixt yis and Midsommer nixt, and neuer to re-
turn in ye samyn agane without licence of our Soue-
rane Lord, the Lords of his Majesties Secret Counsall,
or Commissioners, under the pane of deid of his awin
consent, without farder tryell of law.
PANNELL.
Hob and Ebie Fosteris in Foulscheills and Greinay.
Geordie Jonstoune in Eschinsyd.
Robert Waugh.
David Batie, smyth.
Thome Bell in Androgill.
Jok Rae in Watcarrik.
Dauid Batie there.
Pett Murray in Swynesyd.
Will Ellott, callit Thomes Willie.
Johne and James Fairess in Kers of Kendle.
Andro Jonstonne in Myreheid,
Michaell Birnie in Fairnylies.
James Datoune in Greinay.
Law Foster there.
Willie Armstrang, callit of Benks.
JEDBURGH CIRCUIT, 1623. 289
Adie Douglas in Faysyd.
Thome Colthart in Bektoune.
PEKSOUNES OF INQUEIST.
Williame Ellott callit Pillars baillie of Selkirk.
Syme Ellott in Thorleishoip.
Williame Ellott, late bailie of Selkirk.
Andro Jonstonne of Catlands.
Dauid Pringle of Howminns.
Ritchart Rutherfurde of Lytleheuch.
George Ker of Newhall.
Gilbert Grier of Chappell.
Williame Turnbull, portionar of Phillophauch.
James Williamsonne, lait provest of Peiblis.
Peter Browne in Disdeir.
John Greve, burges of Kelso.
James Jonstoune of Powdeane.
Watt Riddell in Wodhous.
Johne Gordonne of Bar.
The haill persones of inqueist being ressauit, sworn,
and admittit, judiciallie electit and chusit ye said
Walter Riddell in Wodhous, chancellar.
Item, q r Hob Wauch is accusit for ye thiftuous
steiling, &c. of twa ky, pertaining to the Laird of
Duncreiff, furth of the lands thairof, in the year of
God 1619 years ; and for ye steiling, &c. of ane yow,
pertaining to James Mairtone in Dyik thrie yeir syne,
or yrby. Clengit of baith.
Item, q r Andro Jonstoune in Myrheid, is accusit for
the thifteous steiling, &c. of seven yowis pertaining to
2 B
290 ANNALS OF HAWICK.
Johne Grahame in Hahillis, furth of the lands yrof,
about St Androis Day last bypast. Clengit thereof.
Item, q r Thome Bell in Androgill, is accusit for ye
thifteous steiling of four scheip pertaining to William
Carnwath, forth of ye lands of Carnwath, about Mid-
summer last. Clengit thereof; but fyllit him in re-
spect he being fugitive, and remits him to the Judges.
Item, q r Johne and James Fareiss in Kers of Ken-
dill, are accusit for ye steilingof eight scheip pertaining
to Jok Gillaspie at ye Chappell of Johnstoune, furth of
ye lands of Johnestoune mure. Clengit thereof.
Item, q r Jok Rae was indytit for ye steiling of aucht
scheip pertaining to Jon Scot, clerk, forth of ye lands
of Yetbyre, at Yull gane twa yeiris ; and for ye steil-
ing of aucht scheip forth of ye lands of Holme, pertein-
ino: to Steven Baittv, called Workman.
Item, q r David Batie in Wattircrake, for ye steiling
of nine scheip pertaining to Jon Glendonning, crounar,
Adame Glendonning, and Steven Beatty, furth of ye
lands of Holme. Clengit of the haill.
Item, q r William Armstrang, callit Benkes, is ac-
cusit for ye steiling of twa oxin perteining to William
Armstrong of Calfeild, forth of the lands of Weane in
August last. Clengit thereof.
Item, q r Thomas Cowtart in Bektonne, is accusit
for ye steiling of nine scheip at several times perteining
to Andro Jonstonne of Kirktoune forth of ye scheip
house in Kirtoune, betwixt Martimas and Yull last,
JEDBUKGH CIRCUIT, 1623. 291
ane of yem upon upon New Yeir-Day, twa upon the
14th day of Februar last, and three of them upon Sun-
day cum eight days yairefter. Clengit thereof.
Item, qr Law Foster and James Dattoune in Grei-
nay, ar accusit for ye thiftuous steiling of eight scheip
perteining to Jokkas Watsoune and Rowie Armstrang
in Howdaill, furth of ye lands of Greinay, about Yule
last or yairby. Clengit thereof.
Item, q r Michell Birny in Fairnyleis, is accusit for
the thiftuous steiling of threttie scheip perteining to
Walter Scott of Todrig, "Walter Scott his son, Syme
Nicoll in Fairnylies, Will Nicoll his sone, about
Michaelmas last, or thairby, furth of ye lands of Fairny-
leis. Fyllit thairof.
Item, q r Pett Murray in Swinsyd, is accusit for the
steiling of seven scheip forth of the Comoune of Sel-
kirk, pertaining to the tenants of Phillophauch ; and
for the steiling of three scheip, ane pertaining to Wil-
liam Curror in Phillophauch, ane other pertaining to
George Turnor there, and the thrid to
; and for ye steiling of five scheip, perteining to
William Murray in Phillophauche, forth of ye Com-
mone of Selkirk, and for ye steilling of ane wedder
pertaining to Sir Johne Murray of Phillophauche,
Knicht. Fyllit of the haill.
Item, qr Adame Douglas in Swinsyd, is accusit for
steiling of ane yow perteining to Andro Douglas in
Swinisyd, furth of the lands thairof, in the end of March
last. Fyllit thereof be cuming in will.
292 ANNALS OF HAWICK.
Item, q r Hob Foster, callit Foulscheillis, and Abie
Foster in Greinay, ar accusit for steiling of seven
scheip perteining to Gilbert Ellott of Stobbis, out of
Kershoip in England, about Midsummer last, or yrby.
Clengit yairof.
Item, q r David Baittie, callit ye Smith, is accusit
for ye steiling of ane gray meir furt of ye lands of
Warrickbrigis in Ingland, perteining to Thomas War-
rack there, upon the Rude day at ewin last. Clengit
yrof.
Item, q r he is accusit for ye steiling of five nolt
furt of ye lands of Barngleis, perteining to Thome
Armstrang, callit Jokis Thome, in ye month of June
1617 yeirs. Fyllit thereof.
Item, q r Geordie Jonstoune in Essinsyde, and Will
Ellott, son to Thome Elliot of Bonjedburgh, is accusit
for ye steilling of ane gray basonet meir of four yeir
auld, perteining to Walter Scott, furth of ye lands
of Burnfute upon ye Water of Aill, about our Ladie
Day last. Fyllit yairof.
(Sic SubscrihiturJ . Walter Riddell.
The said day, Syme Jonstoune in Foulscheills, en-
terit James Grahame in Moffett Water, and protestit
to be trie of his act of caution ; quhilk was grantit.
The said day, Adame Hall in Newbigging, enterit
Adame Hall, callit of ye Bus, upon pannell, and pro-
testit to be frie of his act of cawtion ; quhilk was
grantit.
JEDBURGH CIRCUIT, 1623. 293
The said day, Alex r . Kirtoune, proveist of Jedburgh,
enterit Thome Donaldsonne in Hardenheid upon pan-
nel ; qrupon he askit instruments, and protestit he
micht be frie of his act of caution.
The said day, Johne Nicoll in Craikhoip, enterit
Williame Elliot in Huntlaw, and protestit he micht be
frie of his act of caution ; qrupon he askit instruments .
The said day, Lyell Turnbull in Hartshaughe, en-
terit Adie Turnbull in Hartshauche Mill upon pannell,
and protestit he micht be frie of his act of caution ;
quhilk was grantit.
The said day, James Irwyng of Cleughheids, and
Johne Galloway, bailze of Annane, actit yaimselffis,
conjunctlie and severallie, as caurs for Thome Car-
ruyrs, callit of Wormandie, that he sal compeir ye nixt
Justice Court yt sail be haldin be his Majesties said
Commissioners, and underly his hienes laws for anye-
thing that is to be laid to his charge, under ye pane of
500 merks.
The said day, Syme Johnstoune in Fowlscheillis.
enterit James Grahame, his man, upon pannell, and
protestit that he micht be fred of his act of caution,
quhilk was grantit ; qlk James Grahame was dismist
till ane new citatioune.
The said day, the persons under named being callit
upon, enterit upone pannell at efternoone.
Thome Donaldsonne in Hardenheid.
Henry Loury in Ouer Blaklaw.
294 ANNALS OF HAWICK.
Adie Hall in Bus.
Willie Lawrie in Ouer Quhattoune.
Will Ellott in Huntlaw.
Andro Johnestoune in Achinslurg.
Mairtene Byris in Ekklefechen.
Adie Carrutheris in Cannabie.
Will Grahame in Orchart.
Will Maweris in Barngleis.
Will Ainslie in Wouplaw.
Johne Johnstoune called Paittes Johne.
Adie Turnbull in Hartsheuchmylne.
PERSOUNES OF INQUEIST.
Syme Ellott in Thoirleishoip.
Johne Haliburtonne of Mertoune.
Robert Johnstonne of Wamphra.
Johne M'Caall of Glenpine.
Wm. Middelmest of Lillisliechappell.
David Pringill of Hetoune.
Wm. Riddell of Standhal.
David Davidsoune in Samestoune,
Wm. Johnestonne of Lockerbie.
Thomas Turnbull of Know.
Richart Rutherfurde of Littillhuche.
Andro Johnsone in Catlynes.
Robert Johnstoune of Thorniquhat.
Walter Riddell of Wodhous.
Johne Haliburtone in Murrayeslaw.
The haill above named persounes of inqueist being
ressavit, sworne, and admittit, judiciallie electit and
choisit ye said Johne Haliburtone of Mertoune, chan-
cellar.
JEDBURGH CIRCUIT, 1623. 295
Item, qr Willie Laurie in Ouer Quhattoune, is accusit
for ye steiling of five sheip perteining to ye Laird of
Riddell, his men in Quhattoune, furth of ye lands
thairof, in January last. Clengit thereof.
Item, qr Andro Jonstoune in Auchinslurg, is ac-
cusit for ye thiftuous steilling, &c. of twa yowis per-
teining to James Johnstonne of Underwod, furth of ye
lands yrof, about St Androis Day last ; and of ane
pair of worsettis perteining to Jon Johnstoune in
Fouldures, his wife, furth thereof; and of ane pair of
scheittis perteining to Andro Johnstoune in Kirktoune,
furth of ye lands thairof, December last. Clengit of
ye haill.
Item q r Johne Johnstoune, callit Pettis Johne, is
indytit for ye steiling of saxteen scheip at several tymes,
perteining to James Atchesounne in Greinknow, furth
of ye lands yrof, about Yule last. Clengit thairof.
Item, q r Mairtene Byres in Ekkilfechein, is accusit
for ye steiling of thrie yowis perteining to George
Fergisoune in Clinthill, furth of ye lands thairof, about
New Yeir Day last, or yairby. Clengit thairof.
Item q r Win. Ellott, sometime in Horslaw, is accusit
for ye steiling of twa oxin, the ane blak, and the uther
brandit, furth of ye lands of Monielawis, perteining to
Richart Selbie, upon ye 12 of November last, being
Sonnday. Clengit yrof.
Item, q r Wm. Ainslie in Wouplaw, is accusit for ye
steiling of twelve scheip perteining to Thomas Ruther-
furde of Toftis, furth yrof, about Martimas last, or yr-
296 ANNALS OF HAWICK.
by ; and for ye steiling of ten scheip perteining to Jon
Olipher in Lethem, and Syme Kobsoune tbere, furth
yrof. Clengit of baith.
Item, q r Willie Bell in Gimabie, is accnsit for
steiling of four scbeip furth of ye lands of Sark, per-
teining to Francie Chalmer ; and for ye steiling of six
scheip perteining to Nikkie Baittie, in ye month of
last, Clengit thairof.
Item, qr Abie Carruthers and Will Grahame in
Orquhart, is accusit for ye steiling of xxvij scheip,
furth of ye lands of Windiehill, perteining to Wm.
Grahame there, at sundrie tymes since Junii last.
Clengis them baith.
Item, q r Wm. Maweris in Barngleis, is accusit for
ye steiling of sindrie scheip, to be takin at Michaelmas
last ; and for ye resetting of Alex. Maweris, his bro-
ther. Clengit of baith.
Item, q r Thomas Donaldsoune in Hardenheid, is ac-
cusit for steiling of ten pair of scheittis, sax bousteris,
ten coddis and codwares, twa fedder beddis, four cover-
ingis, twa light coveringis, with two challender cover-
ingis, ane buird claith, two pewder plaittis, four spyn-
nell of linning yarne, and certaine corne perteining to
Johne Sprott in Oxname towne, four yeiris syne or
thairby, furth of ye lands thairof. Clengit thairof.
Item, q r Adame Turnbull, miller in Hartshauch-
mylne, is accusit for ye thiftuous steiling of thrie ky,
twa of yem blak, and ane blak brandit, furth of ye
lands of Leisburne, perteining to Gilbert Eliot of
JEDBURGH CIRCUIT, 1623. 297
Stobbis, about Michaelmes last, or yrby. Clengit
thairof.
Item, q r Adie, callit of ye Bus, in Newbigging, is
accusit for ye thifteous steiling of ane kow perteining
to Williame Ker, callit of Ancrum, furth of ye lands of
Spithoip in England, about Whitsunday last, or thair-
by. Fyllit yairof.
(Sic Sub r -J Mertoune.
The said day, Johne Bell in Armygle, enterit
Cristie Irwing, callit of Robgill, upon pannell, and pro-
testit he micht be frie of his act of caution, quhilk wes
grantit ; quha therefter was dismist till ane new cita-
tioune.
The said day, Wm. Bell in Armygill, enterit Ritchie
Rae upon pannel, and protestit he micht be frie of his
act of caution, qlk was grantit ; quha therefter was
dismissit till ane new citatioune.
The said day, Irwing of Kirkconnell, enterit
David Byres and Geordie Bell upoune pannell, and
protestit he micht be frie of his act of cautioune, quhilk
was grantit ; quhilks persounes therefter were dismist
till ane new citatioune.
The said day, Andro Jonstoune of Kirktoune, enterit
Geordie Johnstoune, callit of ye Scha, upon pannell, and
protestit he micht be frie of his act of caution ; quha
therefter was dismist till a new citatioune.
The said day, Jon Jardane of Cleugheids, enterit
Sandie Ellott of Wattlipis, and Wm. Grame, miller at
298 ANNALS OF HAWICK.
Dryff Mill, and protestit he micht be frie of his act of
caution ; quha therefter was dismist.
The said day, Will Armstrong, callit Rakkes in
Liddesdaill, Wm. Bell, and David Irwing, Jok Ewart,
Andro Young in Langtoune, Adie Marjoriebankis,
Cristie Grame of Bordlands, Will Bell in Homeheid,
Wm. Makbrome in Goutcottis, Andro Ker in Brom-
ellis, Johne Johnstoune, callit with the Jak, Fergie
Bell, callit the Craw, Francie Bell, brother to Jon
Bell of Castelbank, Adie Currie in Thornick, Daniell
Curry in Sandbed, James Merteine in Dyk, Thomas
and Williame Rogers in Park, Willie Achisouue in
Braefield, enterit all upon pannell, being callit upon for
relief of yair cautioners ; quhilks persounes being thair-
efter dismist till they wer anew arrestit ; quhere-
upon they askit instrumentis.
The said day, Johne Rutherfurde and James Hen-
dersoune, burgesses of Jedburgh, enterit Thome and
Hob Cowtortis in Wolhauch, in Tyneheid, upoune
pannell ; quhereupon they askit instrumentis for relief
of thair cautionery, whilk was grantit ; quha thairefter
was dismist till ane new citation.
The said day, Archibald Maxwell of Kowhill, en-
terit Alexander Jaksoune in Haliewod upon pannell,
and protestit he micht be frie of his act of caution,
quhilk was grantit ; quha therefter was dismist till he
was anew arrestit againe ; qrupon he askit instruments.
The said day, Will Cowane in Craik, enterit Hob
Cowane, his brother, upon pannell ; quha was therefter
put to libertie, and he freid of his cautionary.
JEDBURGH CIRCUIT, 1623. 299
The said day, Adame Commone enterit James
Commone upon pannell ; quha therefter was put to
libertie till he was anew arrestit.
The said day, Patoune Bell enterit Francie Young
upon pannell ; quha thairefter was put to libertie till he
was anew arrestit againe.
The said day, James Millikine of Blakmyre, enterit
Fergie Millikine in Dunscoire upon pannell, and pro-
testit he micht be frie of his act of caution, quhilk was
grantit ; quhilk Fergie Millikene thairefter was dis-
mist till he wes anew arrestit againe ; quhereupon
they askit instrumentis.
The said day, Jon Johnstoune in Beatock enterit
Wattie Jonstoune in Greenhoill : Williame Armstrang,
called Bauld, enterit William Wigholme in Porter-
burne : Will Quliyt in Muslie enterit Hob Wigholme
in Braidhauch : Andro Rutherfurde enterit John
Rutherfurde : George Grame in Orchart enterit Abie
Carrutheris in Wodis, and Will Grahame, his awin son :
Wattie Bell enterit Jon Bell, chapman : Hob Taitt in
Cessfurdmaines enterit Will Taitt, yair : Johne Baittie
in Auchinbedrig enterit Will Maweris in Barngleis :
Andro Allane in Heidschaw, and Johne Turnbrell in
Newtoune, enterit Mungo Scot in Castellsyde : Hew
Jolmestoune, appeirand of Newtoune, enterit Andro
Davidsoune in Moffet ; and Robert Rutherfurde of
Edyerstoune enterit William Ainslie, called Waipley,
upon pannell, and protestit that they, and ilk ane of
them, might be frie of his act of cautionary, qlk was
grantit. Quhilkis persounes were therefter dismist and
put to libertie be his Matics said Commissioners till
300 ANNALS OF HAWICK.
they were anew arreistit agane ; quhereupon they, and
ilk ane of yem, askit instrumentis, pro rata.
The said day, Johne Ewart in Bodisbeck actit him-
self as cautioner and sourtie for Walter Johnstoune,
callit of Wyndholme, that he sail not trouble nor mo-
lest Mr David Roger, minister at Tundergairth, nor
Elizabeth Hardie, spouse of umquhill David Dalrimple,
notar in Brockschaw, they nor nane of them, uther-
wayes nor be ordour of law and justice, under the
paine of 500 merks for ilk ane of yem ; Likeas, ye
said Walter Jonstoune of Wynhome, and Ritchart
Storie, servitor to James Johnstoune of yat ilk, actit
thameselffis, conjunctlie and severallie, to releiff the said
Johne Ewart of Bodisbeck of ye premissis.
The said day, Willie Bell, callit Redcloak, actit
himself as cautioner and sourtie for Robeine Bell, and
Jok Bell in Carrutheris, that they, and ilk ane of them,
sail compeir personallie befoir his Majesties saids Com-
missionars the nixt Justice Court to be haldin be them,
and underly his Highness lawis for all yat is to be laid
to thair chairge, under ye paine of ane thousand merkis.
Decimo nono Aprilis 1623.
Sederunt Domini Commissionarij ut in die precedenti.
The said day, the persounes under namit being law-
fullie summonit and arreistit to have compeirit per-
sonallie befoir his Majesties saids Commissionars yis
present Court haldin at Jedbrugh, they are to say : —
David Grame, called of the Ley ; Robert Jonstoune in
Myreheid ; Bessie Jonstoune his mother ; Adame
JEDBURGH CIRCUIT, 1623. 301
Baittie in Dockanflatt ; Francie Jonstoune in Tunder-
gaith ; Hob Croser, son to Andro Croser in Toftholme ;
Hob Ellott, called Laidd, in Qubythanch ; David
Storie in Ouerraw ; Andro Croser, called Jeans An-
dro, in Greinis ; Robert Routledge in Thoirleisboip ;
Hob Harknes in Dod ; Thomas Rutherfurd in Toftis ;
Archibald Scott in Craig ; Andro Armstrang, Lair-
hoip ; Adame Baittie in Fingell, called M'Crurie ;
Niniane Armstrang in Nershill ; Robert Vrie at the
Langholme ; Thomas Croser in Hilhous ; Johne Thom-
soune in Bellholme ; Ingrie Grame in Bruntscheilboig ;
Jamie Grame, their ; Thome Grame in Wodheid ; An-
dro Irwing in Hag ; Hob Cowane in Dounngtoune ;
Archie Eliot in Burnclughsyde ; Johne Bell in Town-
heid, in Carrutheris; Gawin Douglas in Underschank;
and they, and ilk ane of them, being daylie callit upon
during ye haill space of ye said Court, and last upone ye
said nyntene day of Apryll, being ye fiyft and last day of
ye said Court, To have underlyne his Majesties lawis
for certain crymes of thift, res set of thift, and uther9
crimes containit in yair particular dittayes, with certi-
fication, that they and ilk ane of them, sail be declairit
fugitives and outlaws fra his hienes lawis, and de-
nuncit his Majesties rebellis, and all yair mouabill
gudis and geir sould be escheitt and inbrocht to his hie-
nes use, And becaus the foresaid persounes, nor nane
of yem, compeirit in maner foresaid ; Thairfoir, they
and ilk ane of yem, were declarit publictlie, thrie seve-
ral tymis, outlawis and fugitives fra his hienes lawis,
and they and ilk ane of them sould be denuncit re-
bellis, and put to his hienes home, and all thair mova-
bill guds and geir wer ordainit be his Majesty's saids
Commissionars to be escheit and inbrocht to his hienes
use, for yair disobedience, as was pronouncit in judg-
302 ANNALS OF HAWICK.
ment be ye mouth of Johne Jenkisoune, dempstar of
ye said Court.
The said day, the persounes under namit being law-
fullie summonit to have compeirit personallie befoir
his Majesties saids Commissionars this present Court, to
have past upone the generall assyse, they are to say : —
Robert Johnstoune of Newtoune ; Gawin Johnstoune
of Annanholme ; George Glendonning of Mochurme ;
James Cannane in Barnley ; George Tait of Pirne ;
Johne Lowis of Maner ; Johne Burnet of Barnes ; Wil-
liam Vaitch of Dayick ; Raynell Bennet of Chesteris ;
Adame Scott, called Wester Adame, smith in Hawick ;
and they and ilk ane of them being daylye callit upon
during ye haill space of ye said Court, and last upon
the 18th day of Appryll, being ye last assyse of ye
said Court, To have compeiritt upon ye generall assyse,
as said is, ilk ane of yem, under ye panne of 100 merks,
conforme to an act maid be his Majesties saids Com-
missionars, And because they nor nane of yem compeirit
in maner foresaid ; Thairfoir, they and ilk ane of yem
were judgitt and decernit to mak payment to his Ma-
jesties Thesaurer within this kingdome of Scotland, or
to Robert Pringell of Baittingbus, his deput for uplift-
ing of ye fynes and casualties of ye said Court ; and or-
daine and requeist ye Lords of Council and Session to
direct letters of horning at ye instance of ye said Ro-
bert Pringill, for uplifting of ye said sum of 100 merks,
against ilk ane of the forenamit persounes, as pleases
them to direct ; Quhereupon ye said Robert Pringill
askit instruments and actis of Court.
The said day, in presence of his Majesties saids
Commissioners, being sittand in judgment, Johne Hall,
JEDBURGH CIRCUIT, 1623. 303
callit the Ckeiff, in Newbigging, Lancie Hall there,
Thome Carruthers in Murthum, Hob Nixsoune, called
Scabbit, Thome Haliday in Molem, Abie Armstrang
in Grieneis, Rowie Foster our the Moss, Synie Ellott,
called Guyde, Allie Armstrang in Syde, Wm. Wilsone
that come from Carleill, Robert Rutherfurde, son to
Toftis, John Mitchelsone in Catcleugh, Wattie Bell,
called Oswall's "Wattie, George Thomsone in Bow-
holme, Michell Birney in Fairnyleis, Paitt Murray
in Swinsyde, David Baittie, callit the smith, George
Johnstoune in Essinsyde, Will Ellott, son to Thome of
Fawsyde, being fund guyltie and foull, be the persounes
of assyse foresaid, of certain crymes of thift, ressett of
thift, and utheris contenit in yair particular dittayes,
wer, be ye saids Commissioners, decernit and con-
dempnit, they, and ilk ane of them, to be takin to ye
place of execution, and there to be hangitt be ye heid
ay quhill they wer deid, and all thair lands, honours,
dignities, offices, guds and geir to be escheit and in-
brocht to his hienes use, as was pronuncit in judgement
be ye mouth of ye said Johne Junkisoune, dempstar of
ye said Court.*
The said day, in presence of his Majesties saids
Commissioners, being sitting in judgment, Andro
Craik in Dinwiddie, James Johnstoune in Rammerhill,
Johne Armstrang, called Catgill, Robert Lytill in
Craighous, Andro Armstrang, Quhythauche, Archie
Cowtart in Quheillrig, Adame Robsonne in Auld
Jedburgh, Adame Douglas in Swinsyde, Adame Hall
in Bus, being fund gyltie and foull by ye persounes of
* There is no reason to doubt that they were conveyed straight-
way from the place of judgment to the scaffold. Yet the numerous
acquittals sufficiently evince the humanity of the Judges.
304 ANNALS OF HAWICK.
assyse aforesaid of certaine crymes of thift, resett of
thift, and uthers containit in yr particular dittayes,
wer, be ye said Commissioners, decernit and condempnit,
they, and ilk ane of yem, to be brunt on ye cheik with
ye comone birning irne of ye burghe of Jedburgh, as
was pronuncit in judgment be ye mouth of ye said
Johne Junkieson, dempstar of ye said Court.
The said day, Geordie Johnstoune in Greitheid,
Johne Johnstoune in Baittock, Jok Jonstoune, callit
Mertenis, Thomas, Jok, and James Johnstoune in
Stalsbiging, actit yemselms, conjunctlie and severallie,
for Francie and Alexander Johnstounes, brether, callit
of Kirkhill, that they sail remove themselfiis aff yis
kingdome of Scotland to ye Law Cuntries, qr Sir Johne
Murray of Philloiphauch, Knicht, sail direct them be-
twixt and ye feist and term of Whitsunday nixt to cum ;
and that they sail behave themselms dewtifullie and
honestlie, without onie offence to onie of his hienes
leiges during ye said space, without his Majesties
licence, or the Lords of Secret Council, or Commis-
sioners, under ye paine of 300 merks for ilk ane of
yem : Likeas, ye saidis Francie and Alexander John-
stounes actit themselfiis voluntarlie, and of yair own
frie will, to remove themselfiis betwixt and ye said day ;
and gifi* ever they wer found within this kingdome fra
ye said term of Whitsunday without licence, actit them-
selfiis to be hangit without onie farder censure of law.
The said day, Hobbie and Abie Fosteris, callit of
Foulscheillis, and Geordie Armstrang, Wodhousleyes,
actit themselfiis, voluntarlie and of yair awin frie will,
siklyk to remove themselfiis to ye Law Cuntries betwixt
and Witsunday nixt, qr the said Sir Johne Murray of
JEDBURGH CIRCUIT, 1623. 305
Philloiphauch sail direct them, and never to return
againe, under ye payne of deid, of yair awin consent,
except they bring ane testimoniall fra the captaine.
The said day, Johne Ellott that came out of Carleill,
and Edward Irwing, sone to Lang Will of Hoddame,
actit themselffis judiciallie, and of yair awin consent, to
depairt presentlie fra yis kingdome of Scotland, and
never to returne thairin, without licence of his Majesties
Lords of his Secret Council, or Commissioneris, under
ye pain of deid, without farder law.
1
S
2c
APPENDIX.
APPENDIX.
GAVIN DOUGLAS.*
The most illustrious individual connected with Ha-
wick in ancient times was probably Gavin Douglas,
afterwards Bishop of Dunkeld. He was the third son
of Archibald, sixth Earl of Angus, better known as
Bell-the-Cat, by his wife Elizabeth, daughter of Ro-
bert, Lord Boyd, sometime High Chamberlain of Scot-
land, and was born about 1474. Having entered into
holy orders, he was appointed Rector of Hawick ; in
1509, was nominated Provost of the collegiate church
of St Giles, in Edinburgh ; and finally, in 1515, on the
death of George Brown, Bishop of Dunkeld, lie was
promoted to that episcopate. The political rivalries,
and factious opposition, to this and previous prefer-
ments, which embittered his existence, and ultimately
compelled him to leave his native county, and seek
protection from Henry VIII. it is here unnecessary to
detail, the rather that they have been succinctly and
accurately set forth in the portion appropriated to
Douglas by Dr Irving, in his valuable " Lives of the
Scottish Poets." In 1522, when probably in his forty -
* These Biographical Sketches of Gavin Douglas and Douglas of
Drumlanrig, have been contributed by an esteemed friend of the
Editor.
310 ATOALS OF HAWICK.
eighth year, he fell a victim to the plague in London,
and was interred in the Savoy Church there, on the
left of Thomas Halsay, Bishop of Leighlin. Accord-
ing to Hume, the historian of his family, Douglas " had
a base daughter, of whom the house of Foulewood
(Semple) is descended (ii. p. 28, 4th edit.)."
Albeit, as indicated above, the incidents in his life
occupy a prominent place in the page of history ; it is
on his talents as a poet and translator that the fame of
Gavin Douglas rests. None of his works are known
to have been printed in his lifetime. The " Palace of
Honour," first issued from the press of William Cop-
land in London, in 1553 ; and at Edinburgh, from that
of John Ross, for Henry Charters, in 1579 ; both in
quarto. From a passage in the advertisement of the
Edinburgh publisher, it is probable that there had been
previous impressions in the Scottish metropolis ; but
none of these have been discovered. It has been re-
printed by Pinkerton, in the first volume of his " Scot-
tish Poems ; " among the u Select Works of Gawin
Douglass," Perth, 1787 ; and more recently, with a
very accurate collation, by Mr John Gardiner Kinnear,
as his contribution to the Bannatyne Club, in 1827.
u King Hart," the least commonly quoted of his
poems, a singularly constructed allegory, was first
printed by Pinkerton in his " Antient Scottish Poems,"
from the Maitland MS. This some have affected to
consider a juvenile performance.
But his translation of " The Threttene Bukes of
Eneados," is the magnum opus with which the Bishop's
name is most commonly familiarized. It was first
printed in London, in quarto, in 1553. In 1710, a
folio edition was published at Edinburgh, by Frebairn
and Symson ; and to this a valuable glossary by Tho-
GAVIN DOUGLAS. 311
mas Ruddiman, and a careful life of the author by the
Rev. John Sage were appended. The Virgil has been
reprinted, and presented to the members of the Banna-
tyne Club, by Mr Rutherford, the present Lord Advo-
cate, and Mr George Dundas, now Sheriff of Selkirk-
shire, under the editorial charge of the latter gentle-
man, 2 vols. 4to, 1839 ; but the third volume, intended
to contain a Life, Glossary, and Introduction, has not
yet appeared.
From a passage at the end of the " Twelt Buke" of
the " Eneados," it seems that Douglas had also trans-
lated, in his youth, Ovid, de Remedio Amoris. Of this
no copy in type or MS. is known to exist. Bale and
Dempster assert that he likewise composed comedies ;
but the statements of these writers are too often imagi-
nary.
Dr Irving observes, that " Douglas' spirited transla-
tion of the -tEneid has often been highly commended,
though seldom beyond its merits." It certainly pre-
sents us with M the pure well of Scottish undefiled ; "
and he who should desire to become conversant with our
early national vernacular, can have recourse to no
worthier text-book than that of the " Virgilian strain,"
as Dyer terms it, of the Bishop of Dunkeld.
II.
DOUGLAS or DRUMLANRIG.
Hume of Godscroft, in the pr:face to his well-known
" History of the House and Race of Douglas and
312 ANNALS OF HAWICK.
Angus," sums up in these words the evidence which he
advances in support of the honour of the name of
Douglas : — " There is," says he, " no subject's race in
this country that can match them in those of which we
have spoken, antiquity, nobility, greatness, and va-
lour or worth ; in these, I say, jointly : That is, there
is none so ancient and withal so noble, great, and va-
lorous. No name is, or ever was in this country, of
which there can be reckoned so many and so worthy ;
for so stands our comparison." In the more enduring
page of Shakspere equal justice has been done to their
merits —
" The Douglas and the Hotspur both together,
Are confident against the world in arms."
King Henry IV. Part I.
Seldom has eulogy been based upon a more secure
foundation.
Of the numerous branches from the original stem of
this illustrious family, the House of Drumlanrig occu-
pies a proud position in history ; and the burghers of
Hawick may reasonably exult that the charter which
secures to them their incorporated privileges, is de-
rived from a source so honourably renowned.
As is already recorded in these Annals, this charter
was granted by James Douglas in 1537. He was the
seventh feudal lord of his house, and succeeded his fa-
ther William, who fell on the disastrous field of Flod-
den, as did his great progenitor on that of Otterburn.
His loyalty was early manifested by his co-operation
with Scott of Branxholm in endeavouring to relieve
the king from the thraldom in which he was held by
Angus. Thus far back existed that goodly fellowship,
which is now consolidated by the union of both families
in the ducal house of Buccleuch and Queensberry.
DOUGLAS OF DRUMLANRIG. 313
Sir James Douglas was knighted by the Regent
Chatelherault, and in 1553 received the appointment
of guardian of the West Marches, with relative power
of full justiciary : the duties of this office he long con-
continued to discharge with vigour and sagacity. He
died in 1578.
His great-grandson, Sir William, was created Vis-
count of Drumlanrig, Lord Douglas of Hawick and
Tibberis, by James L, in 1628, and was advanced to
the earldom of Queensberry by Charles I., in 1633,
when his Majesty visited Scotland. He died in 1640.
James, his son, the second earl, suffered severely for
his adhesion to the latter sovereign. Having set out
to join the standard of Montrose, he was intercepted
and made prisoner : the parliament, in 1645, amerced
him in 120,000 merks Scots, and by Cromwell's act of
grace and pardon in 1654, a further penalty of £4000
sterling was imposed upon him. Upon his death, in
1671, his eldest son,
William, succeeded. He was appointed Justice-
General of Scotland in 1680, and, in the following
year, extraordinary Lord of Session. In 1682, he was
raised to the marquisate, constituted High Treasurer
(resigning thereon the office of Justice-General), and,
in September of that year, appointed Constable and
Governor of the Castle of Edinburgh. Two years
thereafter, the highest dignity of Duke was conferred
upon him. During the latter period of the reign of
Charles II., his Grace exercised the greatest power in
Scotland ; and on the accession of James VII., was
confirmed in all his offices, and appointed High Com-
missioner, to represent the monarch in his first parlia-
ment at Edinburgh, in 1685. In the following year,
when the treasury was put in commission, he was made
2 D
314 ANKALS OF HAWICK.
President of the Council ; but, shortly thereafter, re-
fusing to concur in his Majesty's wish for abrogation
of the penal laws against Catholics, he was deprived of
all his public employments. He then retired to the
country, and built the mansion of Drumlanrig. Con-
curring in the Revolution, he was a second time ap-
pointed an extraordinary Lord of Session, in 1693, and
closed his mortal career at Edinburgh, in 1695. He
was interred in the family mausoleum at Durrisdeer.
A melancholy incident is connected with this great
man's domestic life. Two years before his death, he
lost his third son, Lord George. He appears to have
been a youth of much promise, and his surviving father
presented his books to the Library of the Faculty of
Advocates at Edinburgh. There, in a dark corner,
they stand in their own original presses, surmounted
by the donor's mournful inscription ; and few there are
among the present proprietors who seem to be cogni-
sant of the fact, and still fewer those who consult the
once-cherished volumes of young Lord George Douglas.
James, eldest son of the first, and in his own person,
second Duke of Queensberry, is identified in the page
of histoiy with that consummate statesman whose tact
and energy earned out the Union of Scotland with
England. His private virtues were as eminent as his
public services : he died in 1711, and was succeeded by
his third, then elder surviving son,
Charles, who, inheriting all the amiable qualities
of his father, and dear to literature from his patronage
and support of the poet Gay, died at the advanced age
of eighty, in 1778. Having had the misfortune to
survive his two sons, he was succeeded in his title and
estates by
William, fourth and last Duke of Queensberry.
DOUGLAS OF DRUMLANRIG. 31o
This nobleman, famous or infamous, as people may
consider it, by the familiar soubriquet of " Old Q.,"
was a person of eccentric renown. In his younger
years, as Earl of March, he exhibited in the Lower
House of Parliament the hereditary talents of his fa-
mily, and might, with ordinary restraint on his pas-
sions, have become eminent in affairs of the state, as he
subsequently became notorious in matters of a very
different description. Possessing an enormous fortune,
he surrendered himself to indulgence in every luxury,
and became the votary of fashion, in all its monstrous
varieties. He was mighty on the turf, and his name
will descend to posterity celebrated in the pages of the
Racing Calendar. For those who wish to anatomize
the individual, a reference to Mr Jesse's amusing and
gossiping anecdotes of " George Selwyn and his Con-
temporaries," for much connected with his personal
history may suffice. In these pleasant volumes, there
is what we believe to be a very faithful likeness of his
Grace. He left, besides his extensive estates, per-
sonal property amounting to nearly a million sterling ;
of which Lord Yarmouth, afterwards the notorious
Marquis of Hertford, became residuary legatee. The
landed wealth passed to a series of different lines, and
gave occasion to a protracted and fertile litigation —
commonly known by the name of the Queensberry
cases — at the instance of those numerous inheritors,
and others, whose rights and interests he had injudi-
ciously infringed. His dukedom and other of his titles,
along with the barony of Drumlanrig, and many fine
estates, descended, by virtue of patent and entail, to
Henry, Duke of Buccleuch, heir of line to the Queens-
berry family, and grandfather of the present noble re-
presentative of both dukedoms.
316 ANNALS OF HAWICK.
III.
OBSERVATIONS on the CHARTER of 1537.
If tradition may be relied on, this was the original
Grant of the Corporation Lands, and was bestowed as
a reward to the inhabitants for their distinguished
services at Flodden. On this point, it may be remarked,
that the terms of the Charter shew that, as to the
particate grantees, that deed was merely a renewal of in-
vestitures formerly granted. There is not, however, any
such reference to former writings annexed to the descrip-
tion of the Common, the boundaries of which are special-
ly set forth, as if it were an original grant. It may indeed
be thought that the long interval between the battle of
Flodden, in 1513, and of the Charter, rather tends to
impeach the verity of the tradition. On the other
hand, it may be maintained, that the grant might
actually have been promised much earlier, and yet the
execution of the deed have been deferred ; besides, as
the granter survived till 1578, he may be supposed to
have been a minor for several years after 1513. As
corroborative of the tradition, reference may be made
to the neighbouring burgh of Selkirk, the citizens of
which also distinguished themselves at Flodden. Their
first charter extant, granted by King James V., on
4th March 1535, also at a long interval after the
battle, makes no mention of Flodden, the narrative clause
being, in part, in the same terms with that of Hawick,
granted two years afterwards. In another charter
to that burgh, dated September 1536, Selkirk is said
" sen (since) the field of Floddone to have been con-
tinually oppressit, herit," &c. Here, too, it is not
stated in express words, any more than in the Hawick
CHARTER OF 1537 317
Charter, that it was granted as a reward for heroism,
or even that the burgesses took part in the engage-
ment. It is impossible, however, not to acquiesce in
the remark of Sir Walter Scott, that "it seems reason-
able to infer, that so many marks of Royal favour
(there had been other charters), granted within so
short time of each other, evince the gratitude as well
as the compassion of the monarch ; and were intended
to reward the valour, as well as to relieve the distress,
of the men of Selkirk. Thus every circumstance of
the written evidence, as far as it goes, tallies with the
oral tradition of the inhabitants,", that the grant of an
extensive portion of the Forest of Ettrick was bestowed
in acknowledgment of their services at Flodden. These
remarks have a direct application to the case of Ha-
wick. Like the King, James Douglas had lost his
father, besides two hundred of his kindred or clan, on
that disastrous day ; arid this circumstance, coupled
with the almost total extermination of the men of
Hawick, the vassals of, and no doubt led to the field by his
father, may, independently of the temptation to emulate
the example set by his Sovereign, be supposed not to
have been without its influence in leading him to solace,
in some substantial form, the few surviving inhabitants.
Although, however, the tradition seems to be well
founded, it is very probable that the inhabitants never-
theless enjoyed a servitude of pasturage over the Com-
mon anterior to 1513. Thus, the Tenandas clause of
the Charter expressly grants and confirms to them the
privilege of " common pasturage, and free entry and
regress," as a known and existing appendage of their
several particates, which last were certainly acquired
previous to its date. It may thus be safely assumed
that the inhabitants did, previously, possess the privi-
318 ANNALS OF HAWICK.
lege, although, as having no specific title thereto (and
certainly none after the destruction of their writings in
the manner pointed out in the charter), and at a period
when the vassals' right was much weaker than in our
times, to a certain extent precarious ; but that after the
grant, and the erection of the burgh into a corporation,
the servitude was converted into a right of property,
and the Charter became the measure of the right.
IV.
CHARTER of Confirmation by Mary Queen of
Scots, under the Great Seal, in favour of the
Town of Hawick, dated 12th May, 1545 ; hitherto
unpublished. From a modern translation in the
Chartulary of the Burgh.
Mary, by the grace of God, Queen of Scots ; To all
honest men of her whole land, clergy and laity, greet-
ing : Know ye, that We, with the advice, authority, and
consent of our dearest cousin and tutor, James Earl of
Arran, Lord Hamilton, protector and governor of our
kingdom, and of the Lords of our Privy Council, have
fully understood a certain charter of gift, by our com-
mand seen, read, inspected, and carefully examined,
whole, entire, neither erased nor cancelled, nor sus-
pected in any part thereof, made by our beloved James
Douglas of Drumlanrig, and baron of the barony of
Hawick, in the county of Roxburgh, to the persons
underwritten, tenants of his town and burgh of Hawick
foresaid, their heirs and assignees respectively, as is un-
der specified, with their pertinents, of all and whole his
lands after following, to- wit : — To Robert Scott of How-
QUEEN MARY'S CHARTER, 1545. 319
paslott, of six particates of land; to Robert Scott of Alan-
hauch, of three particates ; David Rutlethe, eight par-
ticates ; Thomas Brown, three particates ; the Chaplain
of the Altar of the blessed Virgin Mary, within the Pa-
rish Church of Hawick, two particates ; Sir James Young,
one particate ; Walter Turnbull, one particate ; Robert
Chalmer, one particate ; Symoun Chepman, one parti-
cate ; John Scott, two particates ; Robert Schort, two
particates ; William Scott, half a particate ; Richard
Fair, a half particate ; William Scott, the son of William
Scott, eleven particates ; John Wauch, two particates ;
John Howburne, one particate ; William Douglas,
three particates ; Stephen Scott, John Schort, and
Janet Liddirdaile, one particate equally between them ;
Janet Liddirdaile, two particates ; Hawis Lidderdaile,
one particate ; Sir Thomas Fawlaw, two particates ;
Thomas Liddirdaile, two particates ; Janet Gladstains,
one particate and a half; Nichol Liddirdaile, half a
particate ; John Cessfurde, one particate ; Andrew
Young, two particates ; John Scott, two particates and
a half ; Thomas Scott, three particates ; Thomas
Burne, one particate and a half ; Sir John Scott, four
particates ; Thomas Connell, one particate ; Mr John
Hepburne, two particates ; John Plendirgaist, half a
particate ; James Blair, half a particate ; William
Paslay, the fourth part of a particate ; George Young,
the fourth part of a particate ; James Cessfurde, the
fourth part of a particate ; Adam Cessfurde, half a
particate ; John Young, the fourth part of a particate ;
William Cessfurde, the fourth part of a particate ; and
to Matthew Henderson, two particates, with their per-
tinents, lying on the south side of the Public Street
of the said James Douglas' town and burgh of Hawick
foresaid ; and also to the said James Blair, of one par-
320 ANNALS OF HAWICK.
ticate ; to the foresaid Chaplain of the Altar above
written, one particate ; Bessie Weile, one particate ;
William Aliesoun, one particate; Adam Binkis, one
particate ; William Story, one particate ; Janet Cess-
furde, two particates ; to the said William Scott, three
particates ; John Morlo, three particates ; Alexander
Paslay, one particate ; John Angus, half a particate ;
Stephen Scott, half a particate ; John Rowcastill, one
particate ; John Cessfurde, two particates ; John
Wauch, one particate ; Leonard Quhyt, one particate ;
Symoun Martene, two particates ; Adam Patersoun,
two particates and a half ; Margaret Liddirdaile, one
particate and a half; Philip Liddirdaile, two parti-
cates ; William Mortoun, one particate ; James Storie,
one particate ; William Stewart, one particate ; John
Fairnielaw, two particates ; Andrew Lidderdaill, five
particates ; Janet Lidderdaile, one particate ; Archi-
bald Scott, two particates ; John Deins, two parti-
cates ; John Cessfurde, one particate ; to James Wil-
soun, one particate ; William Fowlaw, one particate,
with their pertinents, lying on the north side of the
public street of the said James Douglas' town and
burgh of Hawick foresaid, between the lands commonly
called the Bourtreis on the east ,and the Common Ven-
nel at Myreslawgreen on the west, on the one and
other parts, according to the limits and bounds as is
more fully contained in the evidents and infeftments
formerly made and executed ; and with the Common in
the Common Hauch and Common Muir of Hawick,
lying between Burnfurde on the east, the Troutlawfnrde
on the west, and the syke of Wyntoun Moss on the
south, and the ditchea of Goldbankis and Fynnyk on
the north parts ; reserving to the said James Douglas,
his heirs and assignees, the lands lying in his said
QUEEN MARY'S CHARTER, 1545. 321
town, on the south side of the public street thereof,
between the lands of John Scott on the east, and
the lands of Robert Schort on the west parts, on
the one and other parts. To be held of the foresaid
James Douglas, and his heirs, in fee and heritage,
and free burgage in barony, as at first, for one penny
of the usual money of the kingdom of Scotland, to
them and their assignees, by the said James Blair,
his heirs and assignees, upon the ground of his half
particate foresaid, at the feast of Penthecost, in name
of blench-farm, if it is asked only ; also the said
Thomas Connell, Mr James Hepburne, John P lender -
gaist, William Paslay, George Young, James Cess-
furde, Adam Cessfurde, John Young, and William
Cessfurde, their heirs and assignees, paying to the
foresaid James Blair, his heirs and assignees, the an-
nualrents formerly due and accustomed to them, ac-
cording to the tenor of the evidents made before there-
upon to them, by the foresaid James ; and also, the
other persons above written, their heirs, successors,
and assignees, paying annually to the said James
Douglas, his heirs and assignees, for every particate of
the said lands granted by him to them respectively,
five pennies money foresaid, at two usual terms in
the year, Whitsunday, and Martinmas in winter, by
equal portions upon the ground of the foresaid lands, in
name of annualrent, or burgh-farm : Which charter is
Narrative under this form : — To all who shall see or
clause. n ear this Charter, James Douglas of Drum-
lanrig, Baron • of the barony of Hawick, lying within
the sheriffdom of Roxburgh, everlasting health in the
* Baron — " In this realme (say3 Skene) he is called an Barroune
quha halds his lands immediately in chief of the King, and has
power of pitt and gallows" — that is, to hang or drown criminals.
322 ANNALS OF HAWICK.
Lord : Because it plainly appears, and is known to
me, from my old evidents, that my town of Hawick,
lying within my said barony of Hawick, and in the
sheriffdom of Roxburgh above mentioned, from of old
created, continued to subsist a free burgh of barony ;*
and because the charters and evidents of the tenants
and inhabitants of the said town and burgh, through
the inroads of the English and thieves in bypast times
of enmity and war, have been lost and destroyed,
from whence, that no prejudice may arise to the said
tenants, but in respect I am willing rather to help
Dispositive an ^ relieve them : Know ye therefore, That
clause. I have given, granted, and by this my pre-
sent Charter confirmed ; likeas I give, grant, and by
this my present Charter, confirm to the persons under
written, tenants of my said town and burgh of barony,
all and sundry my lands following, viz., To Robert
Scott of Howpaslot, six particats -{- of land ; Robert
Scott of Allanhaugh, three particats ; David Routlach,
eight particats ; Thomas Brown, three particats ; the
Chaplain of the Altar of the blessed Virgin Mary,
* Free Burgh of Barony. — The published Records do not
shew when the burgh was originally erected, although on this,
like some other matters, the Drumlanrig archives would cer-
tainly throw light. The assertion of the superior, however, that
it stood created from of old, may be taken as sufficient evidence
that it had been erected anterior to the Deed of 1537. Hawick is
one of the very few burghs which, having been independent of the
Superior prior to the Jurisdiction Act, 20th Geo. II., cap. 43 (1748),
had its rights reserved ; and it is therefore, generally, on the same
footing with Royal Burghs, — parliamentary representation excepted.
t Particate — The particate (says Chalmers) was a temporary
denomination of small parcels of land near towns in the south-
eastern shires of North Britain. "• Gaufrid the son of Waldeve
of Liliescleue (Lilliesleaf ), granted to the Monastery of Melrose
thirteen acres and half a particate of arable land in Wilton." —
Chartulary of Melrose, 20 ; Caledonia, vol. i. p. 810.
QUEEN MARY'S CHARTER, 1545. 323
within the parish church of Hawick, two particats ;
Mr James Young, one particat; Walter Turnbull,
one particat; Robert Chalmer, one particat; Simeon
Chapman, one particat ; John Scott, two particats ;
Robert Short, two particats; William Scott, half a
particat ; Richard Fair, half a particat ; William Scott,
the son of William Scott, eleven particats ; John
Wauch, two particats ; John Howburn, one particat ;
William Douglas, three particats ; Stephen Scott, John
Short, and Janet Lidderdaill, one particat equally
amongst them ; Janet Lidderdaill, two particats ; Hally
Lidderdale, one particat; Mr Thomas Fawlaw, two
particats ; Thomas Lidderdale, two particats ; Janet
Gladstains, one particat, with the half of another parti-
cat ; Nicol Lidderdale, half a particat ; John Cessfurd,
one particat ; Andrew Young, two particats ; John
Scott, two particats and a half; Thomas Scott, three
particats; Thomas Burn, one particat and an half;
Sir John Scott, four particats; Thomas Connell,
one particat; Mr John Hepburn, two particats;
John Plendergaist, half a particat; James Blair,
half a particat; William Paisley, the fourth part of
a particat; George Young, the fourth part of one
particat ; James Cessfurd, the fourth part of one par-
ticat ; Adam Cessfurd, half a particat ; John Young,
the fourth part of one particat ; William Cessfurd, the
fourth part of one particat ; and Matthew Henderson,
two particats, with their pertinents, lying upon the
south side of the public street of my said town and
burgh : As also, to the said James Blair, one particat ;
to the foresaid Chaplain of the above written altar, one
particat; Bessy Wyllie, one particat; William Ali-
soun, one particat; Adam Binks, one particat; William
Story, one particat ; Janet Cessfurd, two particats ;
324 ANNALS OF HAWICK.
Mr William Scott, three particats ; John Morlo, three
particats ; Alexander Paisley, one particat ; John
Angus, half a particat ; Stephen Scott, half a particat ;
John Rucastle, one particat ; John Cessfurd, two par-
ticats; John Waugh, one particat; Leonard Quhyt,
one particat ; Simeon Martin, two particats ; Adam
Patterson, two particats and an half; Margaret Lid-
derdale, one particat and an half; Philip Lidderdale,
two particats ; William Mortoun, one particat ; James
Story, one particat; William Stewart, one particat;
John Fairnlaw, two particats ; Andrew Lidderdale, five
particats ; Janet Lidderdale, one particat ; Archibald
Scott, two particats ; John Deans, two particats ; John
Cessfurde, one particat ; James Wilson, one particat ;
and to William Fawlaw, one particat ; with their per-
tinents, lying upon the north side of the public street
of my said town and burgh of Hawick, betwixt the
lands commonly called the Bourtreis upon the east,
and the Common Vennel at the Myreslawgreen upon
the west parts, from one and other parts, according to
the bounds and marches thereof,* as they are at more
* It has been remarked, that this procedure of confirming
each separate particate right, was anomalous in a deed of this
description erecting or re-erecting the burgh. It was probably
adopted to save the expense of separate deeds in favour of each par-
ticate-man, but the other clauses of the deed, conferring power on
the magistrates to receive resignations of tenements, and grant new
infeftments thereof, render it plain that the superior did not con
template the necessity of any future grants by him of a similar de-
scription.
The boundaries of the burgh having been long well understood,
in consequence of local burdens, and the terms of the titles to
subjects within burgh, disputes on that point are of rare occurrence.
A tree still remains at the extremity of the town, called the
" Bourtree Bush," which indicates the eastern precincts of the
burgh as pointed out in the charter ; there were similar trees at the
western and southern extremities, but these have not been in exis-
tence within living memory.
QUEEN MARY'S CHARTER, 1545. 325
length contained in the rights and sasines* formerly
common made and granted to them thereupon ; to-
Haughand „ et ^ er ^fifa t ^ e Common in the Common
Common °
Muir. Haugh -i* and Common Muir J of Hawick,
lying betwixt the Burnfoord upon the east, Troutlaw-
foord upon the west, and the syke of Wintoun Moss upon
the south, and the dykes of Goldielands and Fynnyk
Exception, upon the north parts, from one another ; Ex-
cepting to me, my heirs, and assignees, the lands lying
in my foresaid town, upon the south side of the public
way thereof, betwixt the lands of John Scott upon the
east, and of Robert Short upon the west parts, from
Tenendas. ono another : To be held, and kept all and
sundry, my foresaid lands, excepting as are above ex-
cepted, by the persons above written, their heirs and
assignees respectively as aforesaid, with the pertinents
Feu and Free thereof, of me, and my heirs, in feu and heri-
Burgage. tage, and free burgage in barony as formerly,
for ever, by all their just marches, old and divided, as
they lie in length and in breadth, with houses, build-
ings, yards, beams, timber, common pasturage, and
free entry and outgate ; together with all and sundry
other liberties, commodities, profits, easements, and
just pertinents of the same whatsoever, as well not
named as named, as well below as above ground, far
and near, belonging, or that shall rightly belong to, the
* No sasine has been discovered of a date anterior to the Charter,
although it is possible that some are extant. The town having
been so frequently burnt, sufficiently accounts for the rarity of
ancient records and titles.
t The Common Haugh. — A portion of this Haugh, on the north
side of the Teviot, comprehending 7 fffa acres, was, in 1847, sold
to the North British Railway Company, for £3305.
X Common Muir. — See the Annals under dates 1537, 1769, and
1777, &c. ; and Appendix, No. 15.
326 ANNALS OF HAWICK.
foresaid lands and pertinents in time coming, any manner
of way, and that freely, quietly, fully, completely, honour-
ably, well, and in peace, without any impediment, revo-
cation, contradiction, or obstacle whatsomever : Giving
Reddendo. and paying out of the same yearly the said
James Blair, his heirs and assignees, to me, my heirs
and assignees, one penny usual money of the kingdom of
Scotland, upon the ground of his half particate above men-
tioned, at the feast of Whitsunday, in name of blench-
Popish. farm, if demanded ; as also finding and main-
taining one lamp or pot of burning oil* before the great
altar of the parish church of Hawick, in time of high
mass and evening prayers, on all holydays throughout
the year, in honour of our blessed Lord and Saviour
Jesus Christ, for the souls of the Barons of Hawick,
founders of the said lamp, and their successors ; and
Subaltern, likewise the foresaid Thomas Connel, Mr
John Hepburn, John Plendergaist, William Paisley,
George Young, James Cessfurd, Adam Cessfurd, John
* Lamp of burning oil. — After the Reformation, such stipula-
tions were held to be superstitious, and so not obligatory. This
lamp, with the flag taken from the English in 1514, and the tor-
turing H brand, are all now gone. It is remarkable, that amidst
all the confusion resulting from hostile invasion and conflagrations,
the Charters of 1537 and 1545 were preserved entire. The loss of
the latter of these documents, however, might have been compensated
by an extract from the Register. But what register can supply the
place of the interesting trophy gained in 1514 from the English,
which would have formed so fitting a companion to the pennon
taken by Douglas from Percy, still preserved in Cavers House.
There still remain the dead bell, of date 1601, and the Union
Flag of 1707. The halberds now in use are modern, but are exact
copies of the ancient weapons taken along with the flag from the
English. The originals have been seen by persons still living.
The halberd is not among the weapons enumerated by Gawyn
Douglas, thus : " Nouthir spere, badge, staf, pol-ax, sword, nor
mace." — Prologue to Uth Book of JEneid. The pol-ax probably
meant the same thing.
QUEEX MARY'S CHARTER, 1545. 327
Young, and William Cessfurd, their heirs and assig-
nees, paying to the said James Blair, his heirs and
assignees, the annual duties formerly accustomed and
due by them to the aforesaid James Blair, and his heirs
and assignees, conform to the tenor of the rights made
and granted by him formerly to them thereupon ; as
also the rest of the persons above written, their heirs,
successors, and assignees, paying to me, my heirs, and
assignees, for each particat of the foresaid lands granted
by me to them respectively, five pennies money fore-
said,* at the two ordinary terms of the year, viz., the
feasts of Whitsunday, and Martinmas in winter, by
equal portions, upon the ground of the said lands, in
Service. name of annual duty or burgage-ferm ; like-
wise performing to me, my heirs and assignees, such
services as other inhabitants and tenants of free burghs
of barony within the kingdom of Scotland perform to
Power to ere- their lords and superiors ; with power to the
ateBaihes. foresaid persons, their heirs and assignees,
burgesses of the said burgh at this present time, and in
all times to come, of creating and ordaining yearly
bailies and officers necessary therein, for the govern-
Quaimcation. ment of that burgh ;-|- provided always,
* Five Pennies Scots. — There exists a tradition, that in early
times the particate men were accustomed to proceed yearly to
Drumlanrig to render payment of the feu-duties, until the Baron
probably finding these vassals troublesome, long ago relieved them
from all future payments.
+ See the Annals, under date 1781, and Appendix, No. XVII. An
excellent measure was brought before Parliament, in 1837, by Sir A.
L. Hay, M.P., with the view of altering the practice of nomination
and self-election in burghs of regality and barony, but it was
stopped, and has never again been agitated. Hawick feels the
grievance less than those burghs which are dependent on the supe-
rior, and must accept of any bailie whom he pleases to place over
them. It is this last class, comprehending Dalkeith, Kelso, Gala-
shiels, &c, which ought to move for a change of system.
328 ANNALS OF HAWICK.
that it shall not be lawful for the said persons, their
heirs or assignees, to ordain, create or institute bai-
lies, or other officers in the foresaid burgh, but such
only as reside and shall reside within the same :
Powers Re- Further, for me, my heirs, and assignees, I
signation, and hereby give and grant to the present bailies
of the said burgh, and to their successors in
office for the time being, my full and all manner of
power and mandate, special and general, for receiving
resignations of the lands above written, and giving and
granting sasines of the same, according as shall be
agreed upon and conceived betwixt parties ; * likewise
all resignations of the said lands, or any part of them thai
have been made, in the hands of the bailies of the said
burgh, and sasines thereof granted by them to others
thereupon in any time bypast, I approve of and ratify,
and for me, my heirs, and assignees, hereby confirm for
warrandice, ever : And I, the foresaid James Douglas
of Drumlanrig, for me, my heirs and assignees, truly
warrant, acquit, and defend all and sundry my lands
above written, excepting what are above excepted, to
the persons above mentioned respectively, their heirs
and assignees, in all respects, and by all forms, to the
effect as above expressed, against all deadly for ever.
Testing In testimony whereof, my seal, together with
Clause. m y maima l subscription, is hereto appended :
At Edinburgh, the 11th day of October 1537 years ;
* Giving Sasines, &c, — This invaluable privilege, which is en-
joyed by very few burghs of barony or regality, has hitherto
been invariably claimed and exercised by the burgal proprietors.
They are thus enabled to complete their titles without the superior's
intervention. The late statutes for simplifying the forms of titles
have not withdrawn the privilege. On the contrary, one of them,
the Infeftment Act, 8th and 9th Victoria, c. 35, sanctions and pro-
vides for its continuance.
QUEEN MARY'S CHARTER, 1545. 329
before these witnesses, Archibald Douglas of Kowscho-
qill, William Scott, John Douglas, Mr John Chapman,
Sir John Scott, vicar of Hawick, John Maitland of
Auchingasschell, John Maitland and Patrick Maitland,
with diverse others. (Signed) James Douglass of
Drumlanrik, with my hand. — Which charter, contain-
ing a gift therein in all its points and articles, condi-
tions, and modes and circumstances whatsoever, in all,
and by all, in form and to the effect above said, We,
with the advice and consent of our dearest cousin and
tutor foresaid, approve, ratify, and for us and our suc-
cessors for ever confirm ; Reserving to us and our suc-
cessors the rights and services of the said lands of the
town and burgh in barony foresaid, with their perti-
nents, due and accustomed before this our present con-
firmation : Moreover, we, with advice foresaid, for the
good, faithful, and gratuitous service performed to us,
by the said persons, inhabitants and indwellers of the
foresaid town and burgh of Hawick, and for divers
others good causes and considerations us moving, Will
and Grant, and for us and our successors for ever, de-
cern and ordain, that this our present confirmation
shall be of as great power, strength, force, and effect,
to them, their heirs, and assignees, as if the same had
been given, granted, and made by us and our prede-
cessors, to the said persons, their heirs, and assignees,
in better form, before the taking of sasine by them re-
spectively of the foresaid particates and lands, with
their pertinents, notwithstanding sasines are on the
contrary taken by them thereof, before this our present
confirmation : In testimony whereof, to this our present
charter of confirmation, we have commanded our Great
Seal to be affixed. Witnesses — our beloved cousin
David, Cardinal of St Andrews, &c. our Chancellor ;
2E
330 ANNALS OF HAWICK.
the Most Reverend and Reverend Fathers in Christ,
Gavin, Archbishop of Glasgow, &c, Andrew, Bishop
of Whithorn, of our Chapel Royal at Stirling ; our
beloved cousins George, Earl of Rothes, Lord Lesly,
Malcolm, Lord Flemyng, our Great Chamberlain ; the
Venerable Father in Christ, John, Abbot of our Mo-
nastery of Paisley, our Treasurer ; our beloved familiar
friends, Mr James Foulis of Colintoun, Clerk of our
Rolls, Register, and Council, and Thomas Bellenden of
Auchnoule, our Justice-Clerk : At Edinburgh,* the
12th day of the month of May, in the year of God 1545,
and of our reign the third year.
V.
INSTRUMENT op SASINE in favour of James
Scott alias Bailzie, dated 8th March 1558.
In Dei Nomine Amen : Per hoc presens publicum
Instrumentum, cunctis pateat evidenter quod anno in-
carnationis Dominice millesimo quingentesimo quinqua-
gesimo octavo die vero Martii octavo, Indictione decima
quinta pontificatusque sanctissimi in Christo patris et
Domini Pauli divina providentia Pape quarti anno
* Signed at Edinburgh. — It has been asserted that the charter
was granted by Queen Mary, when passing through the town
on her way to Hermitage Castle, which is an evident mistake, as
her Majesty was in 1545 only three years of age. There is a tra-
dition, however, that her Majesty took the way of Hawick when
travelling, at a subsequent period, from Jedburgh to Hermitage
Castle, to visit Bothwell. This is probable ; for, although not th e
direct route, the Queen would thus, as Sir Walter Scott remarks,
pass through districts where the clans were in her interests. The
spot named the Queen's Mire, on the borders of Liddisdale and Te-
viotdale, which the royal party passed through, is still pointed out.
INSTRUMENT OP SASINE, 1558. 331
tertio,* in mei Notarii Publici et testium subscriptorum
presentia, personaliter comparuit, The quhilk day, com-
perit ane honest young man, Alexander Scot, sone and
aer to Stevin Scot, upon ane tenement of land of his in
Hawick, lyand betwixt the land of James Brown on
the north part, ye hill path on the south part, Doniere
Portussis on ye east part, and ye Common Vennel on
ye west part : And thar he resignit ye said tenement of
land, fra hym and his aeris, with the pertinents, in the
hands of Adam Cessfurde, ane of ye bailzies of Hawick,
in favouris of James Scott alias Bailzie, the quhilk
Adam Cessfurde, bailzie, through the vertew and
strenth of his office, and at the requeist of ye said Alex-
ander, resignar of ye samyn, he gave heritable posses-
sion, state and sasying, corporale, actuale, and reall, of
all and hale the said tenement, with the pertinents as
said is, be erd and stane, to the said James Scot and
his aeris euerlestandly, safand every manis rychtis.
This was done upon the said tenement, at ix hours
before noon or thereby, the said yeir, month, day, hour,
and place that said is, Indiction and Pape before speci-
fyit. Upon all and sundry the said James Scot de-
syrit ane instrument fra me, notar-public under written,
before yir witnessses, John Scot Bailzie, Robert Denis,
surgeoune, George Scott, James Morlaw, and Robert
Nilhag. (Signed) Pat k . Cozan.
Et ego Patrick Cozan, clericus Glasguensis dio-
ceseos, auctoritate publica notarius publicus,
Quia premissis omnibus et singulis, dum sic ut
premittitur, dicerentur, agerentur, et fierent una
cum prenominatis testibus personaliter interfui,
* It is curious that the name of the Pope should be given, while
that of the reigning Scottish monarch is withheld.
382 ANNALS OF HAWICK.
eaque omnia et singula premissa sic fieri, vidi,
scivi, et audivi, ac in notam cepi Ideo hoc pre-
sens publicum instrumehtum, meo proprio manu
fideliter scriptum, exinde confeci et subscripsi
signoque nomine et cognomine meis solitis con-
suetis signavi in fidem omnium et singulorum
premissorum rogatus et requisitus.
Patricius Cozan.
VI.
THE REV. WILLIAM FOWLER.
From the few facts which have been preserved re-
garding this individual, it appears that he was born
about the year 1560, and was a student at St Andrews
between 1573 and 1574. Sir William Drummond of
Hawthornden, son of Drummond the celebrated poet,
and a near relative of Mr Fowler, relates that he was
a great maker of anagrams, and Secretary to Queen
Anne, King James Sixth's Queen. Mr Fowler accom-
panied the King's household to England, and died
about the year 1612.
The Remains of Mr Fowler consist of sonnets, poems,
anagrams, unfinished verses, and scrolls of official let-
ters, in French, Latin, and Italian, with fragments of
various works intended for the press. " The Triumphes
of Petrarche," presented by Drummond the poet to the
College of Edinburgh, in 1626, and "The Prince of
Nicholas Machiauelli," were translated by him from the
REV. WILLIAM FOWLER. 333
Italian, but these have never been published. The
rest are fragments of projected works. Enough re-
mains to shew that he must have been one of the most
accomplished men of his age. Queen Anne has been
censured for her love of shows and expensive amuse-
ments, by which the King was kept in continual em-
barrassment. It however tends to mitigate our re-
sentment towards the Royal Lady, to find her patronage
bestowed on such an accomplished person as Mr Fowler.
How agreeable it must have been to Her Majesty
often to exchange the society of the Royal pedant to
whom she had the misfortune to be united in marriage,
for that of the elegant scholar and poet, her secretary.
Several of Mr Fowler's sonnets have been printed, of
which the following is a specimen : —
SONET IN ORKNEY.
Vpon the utmost corners of the warld,
And on the borderis of this massive round,
Quhaire fates and fortoune hither hes me harld,
I doe deplore my grieffs upon this ground ;
And seiing roring seis from rokis rebound,
By ebbs and streams of contraire routing tyds,
And Phoebus' chariot in their waivs ly dround ;
Quha equallye now night and day devyds,
I call to mynd the storms my thoughts abyds,
Which ever wax and never dois decress,
For nights of dole, dayes, joyes ay ever hyds,
And in there vayle doith all my will suppress.
So this I see, quhair ever I remove,
I change bot seis, bot cannot change my love.
[See Transactions of the Society of Antiquaries of
Scotland, vol. iv., and Lodge's Illustrations of British
History, 4to, vol. iii.]
334 ANNALS OF HAWICK.
Since the preceding brief sketch was written, an
esteemed friend has communicated the following note,
which is far too interesting to be omitted : — " Mr Fow-
ler was uncle to the poet Drummond, his sister Anne
having married Sir John Drummond. He followed the
Queen to England, and in a list of the officers of her
Council, dated in October 1603, is described as ' Secre-
taire, and Master of the Requests.' — (Lodge's Illustra-
tion of British History, vol. iii. p. 209.) He is deno-
minated Parson of Hawick in 1587, and the Records
of the Presbytery, 2d September 1612, mention him
as then dead. In 1627, Drummond presented two
MS. vols, of his Poems to the Library of Edinburgh
University, where they still remain. One of these, in
4 to, entitled " The Tarantula of Love," consists of
sonnets after the manner of Petrarche ; the other, in
folio, is a translation of that poet's u Triumphs." It
is dedicated to Jean Fleming, Lady Thirlstane, wife of
the Chancellor Maitland, and is dated from Edinburgh,
17th December 1587. He prefixed a panegyrical son-
net to c The Furies,' composed by James VI., who re-
turned the compliment for his ' Triumphs of Petrarche.'
This is quoted in the preliminary observations to the
specimens of Fowler's pen by Dr Leyden, in his
1 Scotish Descriptive Poems,' Edinburgh, 1803. Some
letters from Fowler to the Earl and Countess of Shrews-
bury, occur in volume iii. of Lodge's Illustrations, as
also a couple of sonnets. These latter, Lodge, who
most unjustifiably calls their author a ' ridiculous per-
son,' inserts, because, to use his words, — ' his verses,
wretched as they are, perhaps deserve a place here as
specimens of the Court poetry at that time.' " — Ibid.
p. 18. 8vo. Edition.
ACT FOR TWO YEARLY FAIRS, 1669. 335
VII.
ACT in favour of William Lord Drumlanrig, for
two Yeirlie Faires at the Toim of Hawick, 1669.
The Kings Majestie and Estates of Parliament hav-
ing heard a supplication presented unto them, in name
of William Lord Drumlanrig, for himself, and in name
of the inhabitants of the burgh of barronie and regality
of Hawick, mentioning that the said town and village
of Hawick, being conveniently situate neir to the En-
glish border, wherethrow diverse persons doe repair
thither for buying and selling of bestiall, victuall, and
other commodities propper to be bought and sold there,
the petitioner and the inhabitants of the said burgh,
and all others his Majesties lieges resorting thither, are
exceedingly prejudged throw the want of the libertie
of two other frie fairs yeirlie, within the saids bounds,
besides the fairs which they presently have, and are in
possession of, be virtue of the petitioners' infeftments,
the addition of which two faires yearlie, will exceed-
ingly contribute to the advantage of his Majesties
Hedges, and to the encouragement of trade and policie ;
and seeing no person or incorporation can pretend to
be prejudged thereby, humbly therefor desiring two
frie faires yeirlie to be added, besides the faires they
formerlie possess, to be kept within the said burgh of
barrony and regalitie of Hawick, as the supplication at
length bears : Which, with the report of the Lords of
the Articles made thereanent, being taken into con-
sideration, the Kings Majestie, with advice and con-
sent of his Estates of Parliament, doe hereby give and
grant to the said William Lord Drumlanrig, his airs
336 ANNALS OF HAWICK.
and successors, and inhabitants of the said burgh of
baronie and regalitie of Hawick, two other frie fairs
yeirlie, to be kept and holden thereat, besides the fairs
which they are presently in possession of; the one
thereof to be kept and holden yearlie, upon the sext
day of May, and the other upon the tent day of Sep-
tember yeirlie, in all time coming, for buying and sell-
ing of horse, nolt, sheip, fish, flesh, meill, malt, and all
sort of grain, cloth, lining and woollen, and all maner
of merchant wair ; With power to the said Lord Drum-
lanrig and his foresaids, or such as they shall appoint,
to collect, intromet with, and uplift the tolls, customs,
and dewties of the said two yeirlie fairs, siclyk and in
the same manner as they doe in their other fairs ; and
to enjoy all other privileges, liberties, freedoms, and
immunities, siclyk and als freelie in all respects as any
other in the lyk case has done, or may doe, in tyme
coming. — Acts of the Parliaments of Scotland, edited by
Thomas Thomson, Esq., vol. vii. p. 661.
VIII.
RATIFICATION by the Scottish Parliament in
favour of Anna, Duchess op Buccleuch, of the
Lands and Barony of Hawick, &c, 1686.
Our Soveraigne Lord, with advice and consent of
the estates of Parliament, has ratified and approven,
and hereby ratifies and approves, the Charter and gift
made and granted be His Majesty under the great seal
of this antient kingdom of Scotland, to and in favour of
Anna, Duchess of Buccleuch, of the date at Whytehall,
RATIFICATION— 1686. 337
the sixteenth day of Apryll last by past, whereby our
said Soveraigne Lord, for the onerous causes therein
specified, with consent of his Commissioners of Thesaury
and Exchequer, gave, granted, and disponed to the
said Anna, Duchess of Buccleuch, her aires and
assignees whatsomever, heritably and irredeemably,
all and haill the lands and barony of Hawick, compre-
hending the lands and others underwritten, viz. the
tower, fortalice, mannor-place of Hawick East Maynes,
extending to ninteen husband lands, and three-fourth
parts of ane husband land ; West Maynes, extending to
eight husband lands, with houses, biggings, yards,
orchyards, mosses, muires, meadows, woods, fishings,
coalls, coall-heughs, annexis, connexis, dependencies,
tenents, tennendries, service of free tenents, pairts,
pendicles, and pertinents of the samen whatsomever ;
all and heal the Milne of Hawick, with the milne lands,
multures, sucken, knaveship, and pertinents of the
samen whatsoever ; all and haill the town and burgh of
barony of Hawick, and customes thereof, with the
faires, markets, and other liberties, privileges, and im-
munities belonging thereto ; all and haill the lands of
Mureshaugh, Kirktoun Maynes, lands of Chisholme
and Mirrienies, Whythope, Drydon, Canonside, the
lands of Harwoodhill and Emmetsheels, sometyme
called Lant and Emmetsheels, and the lands of Lares
and Lareshope, with the Comonty of Hawick, and
Common Muir of the samen, and with the heall toures,
houses, biggings, yards, orchyeards, mosses, muires,
meadows, woods, fishings, coalls, coall-heughs, tenents,
tenendries, services of free tenents, and pertinents
whatsomever, lyand within the sheriifdome of Rox-
burgh, together with all other lands, pairts, pendicles,
and pertinents of the said lands and barrony of Hawick,
2p
338 ANNALS OF HAWICK.
lying within the parochen of Hawick and Kirktoun,
and sheriffdome of Roxburgh foresaid; and all and
haill the lands of Windsland, commonly called Wester
Winds, sometyme posseset be Robert Grieve in Com-
monsyde, tying in the middle of the saids lands of
Dryden, Easter Winds, Comonsyde, Neather Croft,
and Hoghill, all occupied by the said Robert Grieve ;
and siklike all and heall the lands of Quhalmes, some-
tyme occupied by Robert Langlands in Todshawhaughs,
with the heall houses, biggings, and pertinents of the
said lands, lying within the parochen of Hawick and
sheriffdome of Roxburghe, together with the free privi-
lege of ane free barrony and regality, with the privilege
also of free chappell and chancellory within the bounds
of the said lands of Windslands and Whalemes, with
the pertinents thereof; whilkland, barrony, and others
pertained to umquhil James, late Duke of Buccleuch
and Monmouth, and to the said Anna, Duchess of
Buccleuch and Monmouth, his spouse, and longest
liver of them two, and their aires, mentioned in the in-
feftments thereof, and the fee of the samen after the
decease of the said Anna, Duchess of Buccleuch and
Monmouth, is now fallen in his Majesty's hands, and
at his highness gift and disposition, by reason of sen-
tence of foirfaulture given and pronounced against the
said umquhil James, late Duke of Buccleuch and Mon-
mouth, befor the Lords of his Majestie's Justiciarie, of
the date the day of I m . vj c . years,
for the crymes of treason and leasemajesty, acted and
committit be him, together with all right and tytle
whatsomever, which our said Souveraigne Lord, and
his aires and successors, had, has, or anyways may
have, ask, claim, or pretend to the lands, barrony, and
others foresaid, or to any part thereof, or to the mealls,
RATIFICATION— 1686. 339
ferms, kaynes, customes, casualties, profits, and duties
of the samen, of all years and termes bygon or heirafter
to come, be reason of the said decreet and sentence of
foirfaulture, or any other maner of way whatsomever ;
and farder, our said Soueraigne Lord, be his said
charter and gift, with consent foresaid, did separate
and dissolve the lands, barronies, and others above
written, from all earldoms, lordships, barronies, regali-
ties, or others to which they were formerly annexed,
and of new united, created, erected, and incorporated
the samen in ane heall and free barony and regality of
Hawick, with ane dispensation therein for taking sasine
at the manner-place of Hawick, whilk k is thereby de-
clared to be sufficient for the heall in manner therein
mentioned ; To be holden all and heall the lands,
baiTonies, and others above written, of our said Souge-
raigne Lord, and his highness' successors, immediat
lawful superiors thereof, for the yearly payement of the
blench- duty of ane arrow, at the time, and in manner
therein mentioned ; and, moreover, our said Soveraigne
Lord, by the foresaid charter and gift, with consent fore-
said, gave, granted, asssigned and disponed to the said
Anna, Duchess of Buccleuch and Monmouth, all and sun-
drie lands, als weel heritable as moveable, infeftments of
annualrents, wadsets, appriseings, adjudications, back-
bands, and other obleidgements and securities granted
in favor of the said deceast James, late Duke of Buc-
cleuch and Monmouth, with all bygones, rests of rents,
feu-duties, casualties, debts, sumes of money, annual-
rents, goods, gear, moveable and immoveable, and
other estate whatsomever, als weel real as personal,
which might anyways have been competent to the said
late Duke, to seek or claime as belonging to him upon
any head, tytle, or pretence whatsomever, or which, by
340 ANNALS OF HAWICK.
his foirfaulture, was devolved to the crown, with all
right and tytle whatsomever which his Majesty or his
highness' successors had or might anyways have, claime,
or pretend thereto, be virtue of the said decreet or
sentence of foirfaulture, or any other means ; as the said
charter and gift, containing diverse and sundry other
heads, articles, and clauses at more lenth, bears : And
which charter and gift, with the infeftment following
thereon, and all that has followed or may follow upon
the samen, not only as to the said barrony of Hawick,
but also as to the general gift and disposition therein
mentioned of the personall and reall estate of the said
James, late Duke of Buccleuch and Monmouth, with
all particular gifts to be granted by the Commissioners
of his Majesties Thesaury and Exchequer in manner
therein mentioned, our said Souveraigne Lord, with
advice and consent foresaid, hes ratified and approven,
and heirby, for him and his highness' successors, rati-
fies and approves as said is in the heal heads, articles,
and clauses thereof; likas, our said Souveraigne Lord,
with consent foresaid, declares, statutes, and ordains
that the foresaid gift and charter, and this present rati-
fication thereof, shall be valid, effectuall, and sufficient
rights to the said Anna, Duchesss of Buccleuch, and
her foresaids, whereby they may bruik, Joyce, and
possess the lands, barrony, heritable bonds, and other
estate, als well real as personal, and others, particularly
and generally above mentioned, contained in the said
charter and gift ; lykas, our said Soveraigne Lord, with
consent forsaid, doth heirby dispense with all defects
and imperfections whatsomever which may be anyways
objected against the said charter and gift, or this pre-
sent ratification thereof. — Acts of the Parliaments of
Scotland, edited by Thomas Thomson, Esq., vol. viii.
p. 617.
RATIFICATION— 1693. 341
IX.
RATIFICATION by the Scottish Parliament in
favour of Anna Duchess of Buccleuch, of the
Earldom and Lordship of Buccleuch.
This Act, dated 15th June 1693, expressly confirms
all the possessions of the Duchess ; and the only clause
relative to Hawick (p. 343) is the following : —
" And of all and haill the lands and barronie of
Hawick, comprehending therein the lands, mylnes,
mylnelands, woods, fishings, coalls, coall heughs,
burgh of barronie of Hawick, and customes thereof;
with the yearlie faires, with the privilege of free bar-
ronie and regalitie, free chaple and chancellarie within
the bounds of the said barronie, manor-place, houses,
biggings, yairds, orchards, and others specified in the
said Charter heirby ratified, all heir holden as for ex-
prest brevitatis causa. 7 ' — Acts of the Parliaments of
Scotland, edited by Thomas Thomson, Esq. vol. ix.
p. 341.
X.
THE REV. ALEXANDER ORROK.
" For profound learning, independence of character,
and extensive charity (says the Rev. J. A. Wallace in
his able Statistical Account of the Parish of Hawick),
this man deserves to be held in grateful remembrance.
Whilst holding the rank of a probationer, he signalized
342 ANNALS OF HAWICK.
himself by his stedfast adherence to Presbyterian
principles, in consequence of which, he was at one
time subjected to imprisonment,* and at another in-
terdicted from the discharge of his sacred functions.
After the Revolution he became minister of this parish,
and in 1701 he received a call to Kelso, which was
sustained, first by the Presbytery, and afterwards by
the Synod ; but his translation being strongly opposed
by the heritors, elders, and parishioners in general ;
and the matter being carried ultimately to the Gene-
ral Assembly, it was agreed, in compliance with Mr
Orrok' s desire, that his connection with this parish
should not be disolved, and accordingly he continued
to labour here faithfully, and with acceptance, till the
period of his death."
Of this benevolent man, Dr Charters of Wilton, in
his sermon on the duty of making a testament says :
" Mr Orrok made provision in his own parish for a
grammar school for reading the Scriptures before pub-
lic worship, and for teaching poor children to read.
He is celebrated on his tomb as an orthodox divine,
* See History of the Church of Scotland, by Crookshanks, vol. ii.
p. 408, who says, " that Mr Auchmoutie and Mr Orrok were dis-
charged from preaching any more at Dundee. The latter had once
prayed that the Lord would purge the King from heart-idols, which
words were misrepresented, as if Mr Orrok had said the King wa3
an idolater."
It is remarkable that Gawyn Douglas, James Douglas, and Alex-
ander Orrok, all persons of worth, should have suffered the indig-
nity of imprisonment. Bailie John Hardy, and Henry Duke of
Buccleuch, more recent benefactors, have been scarcely less unfor-
tunate, the first having been charged with the acceptance of a bribe
to facilitate the division of Hawick Common, and the Duke with
wresting from the Burgh, by stretching unjust laws, a large portion
of that property — both charges being entirely destitute of foundation.
REV. ALEXANDER ORROK. 343
and a rigid disciplinarian. The praise of orthodoxy
and of rigid discipline is mutable and mortal ; it will
pass away with the tomb that records it ; the meaning
of orthodoxy varies with the country, and with the
age, opinions about discipline also change, but the
praise of charity is immutable and immortal ; charity
is amiable in every country, and in every age, it meets
approbation in every heart, it endure th for ever."
A mural tablet was erected to his memory, bearing
the following inscription : —
Siste Viator
Hie jacet corpus Domini Alexandri Orrok
Verbi Divini in Ecclesia Havico praeco fidelissimus
Vir erat vere eximius
In Vitiosis reclamandis summe audax
Ob multifariam eruditionem et vitae innocentiam clarus
Doctis piisq. viris admodum probatus
In disciplina ecclesiastica aequalium nemini in sua setate secundum
Qui annos XXII. officio pastorali hac in Parochia Ecclesia functus
In usum ScholEe publicse novem millia
Et pauperum indigentium mille et sexcenti marcarum
Testamento designavit
Tandem obdormivit in Domino
Annum agens sexagesimum
iErae Christianas m.dccxi. Kal. Maii
Ps. cxn. 9.
Dispersit largiens pauperibus
Semper ejus liberalitas stabit.
344 ANNALS OF HAWICK.
TRANSLATION OP THE FOREGOING INSCRIPTION.
Stop Traveller !
Here lies the body of Master Alexander Orrok,
Of God's word in the Church of Hawick a Minister most sincere ;
He was a man truly exemplary,
In denouncing the depraved, courageous in the last degree ;
For varied learning, and unsullied character, celebrated,
Held greatly in esteem by the scholarlike and devout :
In the training of a divine, inferior to none of his contemporaries :
Who, having discharged the duties of the pastorate in this
Church for 22 years :
To the public school nine thousand merks, and to the needy
poor one thousand six hundred merks,
Appropriated in his will ;
At length he fell asleep in the Lord,
Being in his Sixtieth year,
On the first of May 1711.
Ps. cxii. 9.
He scattered — bestowing largely on the indigent :
His bountifulness shall endure for ever.
The following entry occurs in the Sederunt Book of
the heritors, under date 1766 : — " The heritors allow
Mr Dyce £1 to assist him in replacing Mr Orrok' s
tomb- stone in a proper and decent manner, as they
hink it the least thing they can do in honour of his me-
mory, in consideration of his having mortified £500 for
the use of the grammar schoolmaster of Hawick.
By his bond, dated 20th April 1711, and recorded
in the Books of Council and Session on 13th June
1711, Mr Orrok mortified to the parish 9000 merks,
as a perpetual fund for the encouragement of a person
REV. ALEXANDER ORROK. 345
of parts to serve as schoolmaster in the parish of Ha-
wick, to whom the annualrent or yearly interest thereof
should be payable. The deed provides for building a
school-house and dwelling-house to the said school-
master ; and then declares, that her Grace Ann Duchess
of Buccleuch, her heirs and successors, or their com-
missioners and factors in their absence, shall have the
nomination of the said schoolmaster, whose ability and
gift of teaching youth is to be tried by the minister
for the time, and such other learned men as the major
part of the residing heritors shall nominate and con-
descend upon for that effect." There then follows this
clause : — " And also, it is provided, that the said
schoolmaster shall be obliged to teach the poor children
of the parish gratis, viz., such as the minister and
heritors shall find have a genius for learning, and do
sufficiently instruct their inability to pay school wages."
This mortified sum has long been invested in the
British funds, and the yearly profits derived there-
from paid to the grammar school teacher.
The last nomination of trustees for the fund was in
1834, when the Chief Magistrate of Hawick, for the
time being, the Rev. J. A. Wallace, then minister of
the parish, James Dickson, Esq. bank agent, Hawick,
and William Turnbull of Fenwick, were appointed.
By another deed, dated 21st April 1711, and re-
corded in the Books of Council and Session on 13th
June 1711, Mr Orrok mortified 1600 merks ; the
yearly interest whereof should be payable " to the
minister and kirk-session at Hawick, for the time, as
a perpetual fund for the relief of the poor." This sum
is supposed to have been in whole or in part invested
in the erection of part of the late Parish Church about
17G3 ; but the investment is at present unproductive.
346 ANNALS OF HAWICK.
Besides these donations, Mr Orrok bequeathed his
valuable library to the parishioners ; which, however,
seems to have been entirely neglected by his succes-
sors in the living. The very few remaining volumes
were finally dispersed not quite twenty years ago.
XI.
THE REV. ROBERT CUNNINGHAM.
This gentleman, who was a native of the town of
Hawick, was parish minister of Wilton, and was
thence translated to Hawick in 1712. Mr David
Laing, Treasurer to the Society of Antiquaries of Scot-
land, has courteously examined the MS. Notes of the
late Mr George Chalmers, with a view to discover any
notice of Mr Cunningham, but without success.
The name of Mr Cunningham merits a place here,
from the circumstance of his being the author of an
Ode on his native town, of which the following imper-
fect copy has been preserved.
" Upon the situatione of the Towne and Bruche
of Hawick, by Mr Robert Cunningham,
Minister at Wilton, anno 1710; and was
transported to be Minister in Hawick in
anno 1712.
" Transcrybed by Mr Walter Gladstaines,
Town- Clarke of Hawick, upon the se-
REV. ROBERT CUNNINGHAM. 347
venteen day of March ane thousand
seven hundreth and twelve yeris.
" Cum my muse, and let us sing,—
See thou touch the softest string ;
Rouse up thyself whilst that I,
The place of my nativitie,
With its pleasures do rehearse
In soft and sweet heroicke verse.
Ille terrarum mini praster omnes,
Angulus ridet.
Horat Carm. ii. 6.
" In the south confines of Caledonia's land,
Famed Hawick upon ane pleasant spot doth stand,
With fruitful orchards on every syde,
Which had in Horace had
His Sahain's fields ane
In midst of verdant groves which
Their hortal branches, as if they jointlie strove
To deck a place fit for the Queen of Love.
Lo I heir a mighty Princess doth resort,
And entertain sometymes her splendid Court,
In a rich Palace which o'erlooks the plains,*
Fit to divert the pure Arcadian swains ;
And Ceres lykeways dwells, while Pan weel nigh
Tunes up his rurall notes on mountains high,
Which screen that ancient Brugh, and it defend
'Gainst all the winds that iEolus can send
From hollow caves : Loe ! heir how the Nymphs play
On Teviot's banks, which from afar does stray
Meander-lyke, but then comes gladly downe,
Hearkening to view the pleasure of this Town,
Then checks his wrinkled waves, and with smooth face
Stands and admires the beautie of this place,
And waits from Slitricke his tribute to receive ;
Within this Brugh, and noe wher els he'ill have
The other, glad as he to join him heir,
Through hills and plains a rapid course does stear.
Until below at Slitrigge Bridge he stand,
Charmed with the pleasure that's on every hand ;
* The Tower Inn, then a family residence of Anne, Duchess of Monmouth
and Buccleuch, i3 probably meant.
348 ANNALS OF HAWICK.
Heir to be seen, and wishes heir to stay,
Till supervenient waves press him away
Through divers rocks, which force him to rebound,
And make a noise loud as Bellona's sound,
Though sweeter far ; bot then he sighs and crys,
Because he leaves this place, — and quickly dies.
But hold my muse ! with reverence I'm strucke,
While, as up yonder Sacred Mount I looke ;
On which the temple that's situat on high,
Stands much admired by strangers passing by ; *
As doth that artful Mount, which built of old,
Was, by the natives here, warlike and bold,
Wherein they acted all their games of May, t
When they inclined in sports to pass the day. .
Thus stands the Brugh, thus lies the smiling fields,
Which, for famed poets subject-matter yields.
* Alluding to the Parish Church. Yet it was certainly in ruin soon after-
wards. In 1612, it seems to have had a steeple. — See the Annals, 1612.
f The Mote is evidently here meant. It is never resorted to now but at the
Common Riding, when some remains of the ancient sports may be witnessed.
Since the preceding pages were written, the follow-
ing Note regarding Slitrig has been communicated.
Note. — " There was formerly a chapel dedicated to
St Cuthbert, that was a chapel-of-ease to the church of
Cavers, situated on the banks of the River Slitrig, which
falls into the Teviot at Hawick. The holywater stone,
placed in the burial-ground just outside the door of
this chapel, is mentioned by Reginald of Durham
(p. 284), who also describes the devotions and the amuse-
ments of the people collected there on the feast of St
Cuthbert, and a miracle that took place at the Church."
There is a tradition that, on the lands of Penchrise,
near the source of the Slitrig, a chapel formerly stood,
which is probably that here alluded to. The adjoining
farm is named Priesth&ugh. It will no doubt be
noticed in the Chartulary of the Stobs Family.
REY. WILLIAM CRAWFORD. 349
XII.
THE REV. WILLIAM CRAWFORD.
In the MSS. of Mr George Chalmers, formerly refer-
red to, the name of Mr Crawford does not occur. He was
born at Kelso in 1676, and died in 1742. Mr Craw-
ford, who was educated at the University of Edinburgh,
was author of Dying Thoughts, reprinted at Hawick
in 1814 — A Manual against Infidelity, Edinburgh,
1734, of which a copy is preserved in the Free Church
College Library — and a Short Practical Catechism, to
be answered by the Young People in the Congregation
of Wilton, Edinburgh, 1734. « In 1711, he made a
most energetic opposition to the settlement of ministers
by presentation instead of by popular election, in which
he was supported by some of the most eminent clergy-
men then in the Established Church." — (Anderson's
Popular Scottish Biography, article Crawford.^ It
appears from his Dying Thoughts, that he was of a
very delicate constitution. In the Preface to the edi-
tion of that work above referred to, subscribed by Alex-
ander Colden, John Gilchrist, and Robert Riccaltoun,
Mr Crawford is represented to have been a person of
great modesty, piety, and worth, " master of great and
good qualities in a very uncommon degree," and be-
loved by his parishioners. Dr Charters speaks of him
with much respect. — See his Sermons, vol. i. p. 487,
Edinburgh Edition.
350 ANNALS OF HAWICK.
XIII.
Reverend THOMAS SOMERVILLE, D. D.,
F. R. S. E., &c, one of the Chaplains to his Majesty,
and Minister of Jedburgh.
There is perhaps no class of men in this or any other
country more generally distinguished for learning, in-
telligence, and moral worth, than the officiating clergy
of the Scottish Church.
As historians, biblical critics, and moral philosophers,
many of them have long held a distinguished rank in
the republic of letters ; while not a few have success-
fully laboured to enlarge the boundaries of science, and
improve the mechanical and useful arts : nor have the
lighter species of literature been wholly neglected by
them, though the leaven of puritanical prejudice which
continued even so late as the beginning of the present
century to prevail amongst the great body of the Scot-
tish Presbyterians against the stage, rendered the cul-
tivation of the drama by their clergy extremely unpo-
pular, and consequently rare.
Amongst the eminent characters who have, during
the present and foregoing age, filled the pastoral office
in Scotland, there are few whose names are more inti-
mately connected with the history of the Church and
of literature than the highly gifted and estimable sub-
ject of the present Memoir.
Thomas Somerville was born in the spring of 1741,
at Hawick, a small village in Roxburghshire, situated
near the confines of the Scottish border, of which parish
his father was minister. By the death of the Rev. Mr
Somerville, his son and two sisters were left orphans,
REV. DR SOMERVILLE. 35 1
having lost their mother several years before. But the
deprivation the youthful student sustained from the loss
of parental guidance, was in a great . measure compen-
sated to him by the kindness of the Rev. Mr Cranstoun,
of Ancrum, and another member of the Presbytery of
Jedburgh, to which his deceased parent belonged. Of
the benefits conferred on him by the guardianship of
those pious divines, Dr Somerville retained during his
life a lively and grateful recollection, and ever spoke
of their memory with filial reverence and regard.
Having received the rudiments of his education, we
believe, at the Grammar School of Hawick, young
Somerville in due time became an Alumnus of the Uni-
versity of Edinburgh, which at a later period conferred
on him the degree of D.D.*
Without evincing any uncommon precocity of talent,
it should seem that he passed through the preparatory*
studies with credit to himself, and was regularly licen-
sed as a preacher of the Gospel in the autumn of 1762,
or during the earlier portion of the succeeding year.
Returning shortly afterwards to Roxburghshire, the
young probationer was received into the family of Sir
Gilbert Elliott, of Minto, in the capacity of preceptor
to his son, the late Lord Minto, afterwards Governor-
General of India. Here, however, he did not long re-
* " I entered a student in the University of Edinburgh in Novem-
ber 1756.
" By the application of some kind friends, one of the Bursaries in
the gift of the Town Council of Edinburgh was obtained ; and so
assiduous and successful was their zeal in my behalf, that, during
the course of my studies, I was presented to five bursaries, four of
which I held at the same time.
" My ordination at Minto took place on the 24th April 1767.
" Translated to Jedburgh 1st July 1773." — Dr Somerville' 8 wn-
published Memoirs.
352 ANNALS OF HAWICK.
main; for, in 1767, the church of Minto becoming va-
cant, the presentation was bestowed by Sir Gilbert
Elliott on his son's tutor, who immediately left the
family of his patron to assume the pastoral charge of
that congregation. Dr Somerville continued to fill this
office, however, only a few years; in 1772, on the
translation of Dr James Macknight to Edinburgh, the
interest of his former patron was successfully exerted
to procure for him the vacant and more lucrative living
of Jedburgh. Hitherto the life of the future historian of
William had flowed on in a clear and unruffled course ;
but he was now fated to endure one of those popular
storms, which try the temper and afford a touchstone
to the principles of men.
The act of Anne reviving church patronage in Scot-
land had always been extremely unpopular amongst
the great body of the Presbyterians, and given occa-
sion to much violent discussion in their Synods and in
the General Assembly; and only a few years pre-
viously to the period of which we write, produced a
schism in this very parish of Jedburgh, which laid the
foundation of the Relief Secession, now so widely ex-
tended over Scotland.
Except, however, in the above and a few other in-
stances of violent settlements, as they are termed, the
right of patronage had been exercised with so much
delicacy and discretion as rarely to become a cause of
offence.* In most cases the patron either consulted
* The late excellent Earl of Kinnoul, the enlightened friend of the
Kirk of Scotland and its clergy, used to say, that though he would
not promote any minister of whom he entertained not a good opinion,
however earnestly the people might desire it, far less would he force
even a good man into a parish, against whom the majority of the
parishioners had conceived invincible prejudices. — Scotch Preacher.
REV. DR SOMERVILLE. 353
the inclinations of the majority of the congregation, or
the presentee himself declined accepting the charge un-
der circumstances in which the exercise of his pastoral
functions must have been equally unpleasant to himself,
and unprofitable to his flock.
Different, however, it should seem, were the opinions
and feelings of Dr Somerville on this subject, for he
unhesitatingly declared his acceptance of the presenta-
tion, in direct opposition to the opinion of a great ma-
jority of the congregation ; and after repeated protests
against his settlement on the part of the parishioners,
the Presbytery sustained the legality of the nomina-
tion.
Whatever might be the cause of the reverend pre-
sentee's extreme unpopularity, — whatever objections
were alleged against the orthodoxy of his creed, or his
mode of public teaching, — his most strenuous opponents
were compelled to admit the correctness of his moral
character ; and several of the most discontented having
seceded to the Relief -meeting, tranquillity was gradu-
ally restored.
It is probable Dr Somerville had first imbibed a
taste for political studies during his residence in the
family of Sir Gilbert Elliott; but however this may
be, soon after the commencement of the American re-
volutionary war, he began his literary career by the
publication of a pamphlet entitled, " Candid Thoughts
on American Independence."
This production, which was written in a spirit of de-
termined hostility to the claims of the Colonists, in no
long time drew forth a reply from Mr Tod, of Kirk-
lands, called " Consolatory Thoughts on American In-
dependence, by a Merchant," in which many of the pos-
2 G
354 ANNALS OF HAWICK.
tulates and conclusions of the reverend author were
ably examined and successfully combated.
A " History of the Political Transactions, and of
Parties, from the Restoration of Charles II. to the
Death of King William," next appeared from the pen
of Dr Somervillein 1792.
In this work the author displays great patience of
research, and enlarged acquaintance with facts, and, on
the whole, a commendable spirit of impartiality, except
where the character of William is concerned. An ill-
concealed partiality for this monarch forms a most
striking feature in his political disquisitions , on all oc-
casions he stands forth his uncompromising advocate
and warm panegyrist. He vindicates him from the
accusation preferred against him by Count d'Auvaux,
the French Ambassador, of having, when Prince of
Orange, been accessory to the invasion of Monmouth ;
likewise from a similar charge by Dr M'Cormick, re-
specting Argyle's rebellion. He defends him from the
accusation of bigotry, and an undue partiality for Cal-
vinism, alleged against him by Macpherson, and main-
tains that his interference in continental politics was by
no means at variance with the true interests of the
British empire. Though many will doubless dissent
from the accuracy of the reverend author's reasonings,
and deny the validity of his conclusions, on those and
other subjects, none, we think, can withhold from him
the praise of being an acute and able apologist for the
doubtful policy of this prince.
In 1793, this indefatigable author published a small
pamphlet " On the Constitution and State of Great
Britain," now out of print.
About this period Dr Somerville was nominated one
of the Chaplains in Ordinary to his Majesty for Scot-
REV. DR SOMERYILLE. S55
land, and also elected a Member of the Royal Society
of Edinburgh.
In 1798 he published a " History of the Reign of
Queen Anne," dedicated by permission to George III. ;
and the author being, at the time of its publication, in
London,* was introduced at St James's, and personally
presented a copy of the work to his Sovereign.
The same patience of research which characterised
the former productions of Dr Somerville, is exhibited
in the present work. The scattered details of the vari-
ous transactions of this stirring period are carefully
and luminously arranged, though less new light is
thrown on the diiferent events, and more especially on
the details immediately relating to the Union, than the
author seems to imagine. The apology attempted to
be set up for the selfish and disgraceful conduct of those
who brought about this measure, is unsupported by ori-
ginal documents, a^nd is besides highly objectionable,
and wholly at variance with the moral feeling displayed
throughout the writings of the reverend author.
* On the day subsequent to his arrival, while in the lobby of the
House of Commons, Dr S. was arrested and taken to Bow Street on
a charge of felony.
Thunderstruck, and utterly incapable of accounting for the strange
predicament in which he was placed, our bewildered divine could
scarcely avail himself of the polite advice of the magistrate, to ap-
prise his friends of the circumstance.
Meanwhile the late Lord Melville, then Harry Dundas, who had
witnessed his seizure, entered the office, and having satisfied the
magistrate of the respectability of his countryman, indulged in a
hearty laugh at his expense.
A notorious and specious swindler had been, it should seem, a
passenger on board the packet in which Dr S. came to London ; and
being seen in the company of this man on their landing, led to bis
arrest as an accomplice.
This anecdote the wri ter has often heard Dr S. relate with much
pleasantry.
356 ANNALS OF HAWICK.
Dr Somerville's historical style, if not splendid, is in
general correct, sometimes even elegant ; — his delinea-
tions of character are spirited ; — and on that of Lord
Somers he dilates with much animation ; but however
eminent the services of this nobleman, in bringing about
and cementing the Revolution, his acceptance of large
grants of lands must ever cast a shade of suspicion over
the purity and disinterestedness of the motives by which
he was actuated.
Political science having long been the favourite study
of Dr Somerville, it may readily be supposed that he
took a deep interest in all that concerned the French
Revolution. But he was not one of those, who hailed
the dawn of liberty in that enslaved and benighted
land ; on the contrary, he beheld it as the harbinger of
evil to the whole of civilized Europe ; while, from the
dissensions to which this event gave rise in his own
country, he augured the downfall of that constitution
in Church and State which he had so ably vindicated
in his writings, and which he regarded as the ne plus
ultra of perfection. An alarmist on principle, he in-
volved in one sweeping condemnation all who enter-
tained views different from his own on this subject ;
and the wild impractical theorist — the temperate and
philosophical advocate for reform — were with him
equally objects of reprobation.*
So omnipotent, indeed, is is the sway of prejudice
over minds otherwise liberal and highly enlightened,
that when foreign aggression and internal faction led to
those sanguinary scenes in France, which the philan-
thropist so much deplored, and which finally led to the
extinction of the new-born liberties of that ill-fated
* The Vindicive Gallicce of Sir James Mackintosh found as little
favour in his eyes as the Rights of Man.
REV. DR SOMERVILLE. 357
land, Dr Somerville pertinaciously continued to regard
those evils as the necessary sequence of the principles of
freedom, which they, in fact, so manifestly belied and
so grossly outraged. With equal justice might he have
charged to the mild and forbearing doctrines of Chris-
tianity, the persecutions and cruelties perpetrated by
bigotry and intolerance in the name of a self-denying
Master.
Always strict in the performance of his pastoral
duties, he was now more especially zealous to enforce,
both in his public discourses, and in his private inter-
course with his parishioners, a reverence for the exist-
ing establishments, both in Church and in State ; but,
so far as the present writer knows, he took no share
whatever in the political disquisitions with which the
press teemed at this period of national excitation.
Whether cool and dispassionate reflection tended to
correct his first hasty estimate of the political events of
this period, we know not, but Dr Somerville certainly
lived to behold a great and beneficial change effected in
the state of society, which may in a great measure be
traced to the impetus imparted to the public mind by
those events which were to him, at the time they oc-
curred, objects of such unfeigned alarm.
Even in the remote border-parish of which he so long
filled the office of pastor, individuals might be pointed
out, who hold an influential rank amongst their towns-
men, and even exercise the duties of the magistracy,
whose attention was first awakened to the interests, the
trade, and the civil polity of their country, by the dis-
cussions consequent on the French revolution.
But to return, — the strictly professional writings of
Dr Somerville were not numerous ; " Two Sermons
communicated to the Scotch Preacher/' " A Collection
358 AKNALS OF HAWICK.
of Sermons," published in 1815, and one u On the
Nature and Obligation of an Oath," which appeared in
the " Scottish Pulpit," at a later period, comprise, we
believe, nearly the whole of his works on religious sub-
jects.
The style of those sermons is plain, simple, and per-
spicuous ; they breathe throughout a spirit of sincere
and deepfelt piety, and forcibly inculcate the obliga-
tions and practice of morality, by arguments drawn
from the sacred writings.
The same chaste simplicity of style, the same spirit
of sincere piety which characterise Dr Somerville' s
written sermons, pervaded his discourses from the pul-
pit. His manner was impressive — sometimes animated ;
and though his voice was neither powerful nor finely
modulated, these defects were in a great measure re-
medied by an uncommonly distinct and emphatic arti-
culation.
Devoted through a long life to the pursuits of litera-
ture, Dr Somerville numbered amongst his friends
many of the eminent scholars and divines of his native
Scotland ; and during his occasional visits to the British
metropolis, he was introduced to several of the distin-
guished literati of the South.*
Superior to the mean jealousy and petty envy which
too often prevail amongst the votaries of science and
learning, Dr Somerville was at all times, and on every
ocasion, eager to do justice to the talents and merits of
his gifted contemporaries. No man could be more en-
thusiastically alive to the transcendant genius of Burns,
* At the Chapter Coffee-House, a mutual acquaintance introduced
him to Peter Pindar, then in the zenith of his fame ; but the con-
versation of Dr Wolcot left, on the whole, rather an unpleasant im-
pression on the mind of the Scotch Divine.
REV. DR SOMERVILLE. 359
or more feelingly deplore the moral aberrations of that
inspired bard. In the dark hour of John Logan's
eventful life, he stretched towards him the supporting
hand of friendship ; and shielded him, in some measure,
from the attacks of bigotry and illiberality, by the
weight and influence of his own pure and unimpeach-
able character.
A gold-headed cane, the parting gift of the grateful
poet, when he bade a lasting adieu to Scotland, Dr
►Somerville highly prized, and always carried in his
hand when walking. But though the reverend histo-
rian survived most of the valued friends of his youth
and manhood, he lived to behold many of the rising
generation attain under his eye to great eminence in
various departments of learning and the arts;* and,
unlike most men at his advanced age, he continued to
feel a lively interest in the progressive improvements
of society.
Temperate and active in his habits, one of his fa-
vourite relaxations from study was superintending the
cultivation of his glebe. f He was partial to the exer-
* The able biographer of the late Rev. John Nicol of Innerleithen,
was one of those ; and while writing this hasty sketch, a wish has
arisen in the mind of the author, that a Critical Review of the Life
and Times of the Historian of William and Anne may at some future
period appear from the pen of the liberal and enlightened pastor of
Craig.
"t Dr Somerville took a lively interest in the agricultural improve-
ments, which, during the last fifty years, have so greatly enriched
and embellished his native country. He furnished the Statistical
Survey of the Parish of Jedhxirgh to Sir John Sinclair's collection ;
and on the attempt to introduce the culture of the tobacco plant
into Roxburghshire, during the American war, Dr S. was amongst
the first to afford it a fair trial.
The crop he raised on his glebe far exceeded his most sanguine
anticipations, and promised an ample remuneration for the risk and
trouble, when an act of Parliament not only prohibited its future
360 ANNALS OF HAWICK.
cise of walking, being rather a timid rider, for which
he used to account from having, when a student, re-
ceived a severe contusion on the head by a fall from
his horse. This accident occurred in Edinburgh oppo-
site the residence of the Rev. Mr Bain, at that time
the head of the Relief Secession. In his family the pa-
tient was attended for several months, with a kindness
and humanity which made a deep and lasting impres-
sion on his mind. Often has the present writer heard
him express the pleasure and improvement he had
reaped from the enlightened conversation of his worthy
host, during a long and tedious convalescence.
Dr Somerville was extremely sensitive to praise,
but not the most tolerant of censure ; he was a warm
friend, and if the vivacity of his feelings sometimes led
him to form hasty or erroneous judgments, he never
obstinately shut his ears against conviction, or hesi-
tated to acknowledge an error when convinced it was
such.
Of a cheerful temper, he mingled freely in society,
and partook with much zest of the innocent pleasures
of life; but never, amidst the hilarity of the social
hour, did he deviate from that strict propriety of con-
duct becoming his sacred profession. With his brethren
of the Presbytery he lived in the habits of intimacy
and friendship, and maintained, as far as circumstances
permitted, the relations of good fellowship with the
growth, but compelled the cultivators to dispose of the standing
crops to Government at the low price of 4d. per pound.
Shortly after the passing of this arbitrary act, one of those tre-
mendous hail-showers, not unfrequent in Teviotdale, occurred ; and
as Dr S. viewed from his own window the tall luxuriant plants
beaten down and damaged by the weight of the hailstones, he clasp-
ed his hands together, exclaiming, " Government and Nature war
against us," and turned away to conceal his severe disappointment.
REV. DR SOMERVILLE. 361
Dissenting pastors in the town and neighbourhood of
Jedburgh, ever regarding them as fellow-labourers in
the vineyard of his Divine Master, however they might
differ in unessential forms and modes of worship.
But it was in his intercourse with the young that
Dr Somerville's piety and goodness of heart shone forth
with the brightest lustre. To them he always depicted
religion under a smiling aspect, calculated to heighten
all the innocent enjoyments, and to afford the only solid
consolation under the inevitable evils and misfortunes
of this imperfect state of existence. In his public dis-
courses, and in his private conversation, he uniformly
marked with the sternest reprobation aught that tended
to sully the purity or unhinge the principles of the youth-
ful mind.
After a few days' illness, the life of this venerable
divine terminated at Jedburgh on the 16 th of May
1830, in the ninetieth year of his age, and the sixty-
fourth of his ministry. He retained complete possession
of his faculties to the last ; and on the foregoing Sunday,
preached and administered the sacrament to his con-
gregation with his usual pious earnestness. As he
had been, in a peculiar manner, the child of the Pres-
bytery of Jedburgh, so at his death he might be em-
phatically termed not only its father, but the father of
the Scottish Church, having survived, we believe, all
his contemporaries of the ministry at the period of his
ordination.
Soon after his settlement at Minto, Dr Somerville
married the daughter of Mr Charters, who held, we be-
lieve, some office in the Board of Excise, by whom he
had a family of three sons and four daughters. This
union was dissolved several years ago by the death of
Mrs Somerville. His eldest son William, began his
2h
362 ANSTALS OF HAWICK.
career in life like his father, as a private tutor in the
family of the late Lord Minto ; but on the present in-
heritor of that title being sent to Eton, he turned his
attention to the study of medicine. After serving some
time in the Medical Staff of the army on different
foreign stations, Dr William Somerville returned to
Britain, and, in addition to his half-pay, had sufficient
interest to obtain the appointment of Physician to Chel-
sea College. His second son Samuel, was cut off by
a lingering disease in the prime of life ; the youngest
son died in early infancy. His three eldest daughters
have been long settled in life ; whether the youngest
is married or single we know not.
Though Dr Somerville' s life was extended to almost
a patriarchal length, one of his sisters still survives.
The preceding memoir has been extracted from the
Annual Biography and Obituary for 1831. It is only
necessary to add to this interesting narrative, that Dr
William Somerville, son of the historian, who lately
retired from Chelsea Hospital, is the husband of Mrs
Mary Somerville, daughter of the late Sir William
Fairfax, authoress of the Connexion of the Physical
Sciences, and other philosophical works, — a lady who
does infinite honour to her sex.
Dr Somerville is believed to have composed memoirs
of his own times, not yet published, but which, it is
to be hoped, will one day see the light.
REMARKS ON THE TENURE. 363
XIV.
REMARKS on the Tenure of the Burgh of Hawick.
It has been an occasional subject of controversy,
whether Hawick was to be considered as a Burgh
Royal rather than a Burgh of Barony. The doubt
probably originated in the peculiar terms of the charter
of Queen Mary, which declares, that the deed of 1537,
which it confirms, should be of as great power, strength,
force, and effect, as if it had been granted " by us and
our predecessors to the said persons, their heirs and
assignees, in better form." Construing this, as if it
had been equivalent to a charter of erection by the
Crown, the Magistrates in early times certainly exer-
cised jurisdiction in matters privative to royal burghs.
But there is no recent instance of this. In two modern
cases before the Supreme Court from this burgh, one
in 1829, relating to the exclusive privilege claimed by
the town-clerk, of passing burgage infeftments, and the
other in 1837, regarding a claim by the Justices of the
Peace to the use of the town-hall, prison, &c, neither of
which cases was finally adjudicated ; it was strenuously
contended that Hawick was identical with royal burghs,
except in the matter of Parliamentary Representation.
In a subsequent case the point came under the cogni-
zance of the Sheriff of Roxburghshire, in a question con-
nected with the riots at Hawick during the election for
the county in 1837. The parties injured, founding on the
statute 3d Geo. IV., c. 33, convened the clerk to the
Commissioners of Supply for the county, as representing
that body, and the town-clerk of Hawick as represent-
ing the occupiers of houses there, as defenders ; and the
364 ANTNALS OF HAWICK.
point to be determined was, whether the term burgh,
occurring in the statute, was to be interpreted as signify-
ing a burgh royal only, or a burgh generally. If
Hawick was a royal burgh, then the liability of the
householders was undoubted ; if not, then their proper-
ties, if assessable at all, could only be so in common
with the rest of the county. A case having been submi-
ted to Mr James Ivory, advocate, now Lord Ivory, he
returned the following —
" Opinion for the Inhabitants of Hawick.
" I have very great doubts how far a mere burgh of
barony (such as Hawick) can be held to fall within the
operation and sense of the statute 3d Geo. IV. c. 33 ;
and I am not aware of any case in which the point
ever was raised, or of any authority, institutional or
otherwise, which at all touches the matter.
" I should myself, as at present advised, be upon the
whole disposed to say, that the burghs to which the
statute refers, are exclusively the royal burghs — that
being the class more naturally falling within the
generic word, when not otherwise explained ; and it
being, besides, between this class of burghs and the
counties that all the more prominent distinctions in
point both of privilege and taxation are, in other re-
spects, found to prevail. This view is corroborated,
as regards the present question, by the particular
method pointed out in the statute for recovering the
damages. In the first instance, prosecution is directed
against the clerk of supply for the county, and against
the town-clerk for cities or burghs. Then the clerk of
supply is directed to set in motion the Commissioners
of Supply, and the town-clerk the Magistrates of the
burgh. And, finally, by section 12, the Commissioners
REMARKS ON THE TENURE. 365
of Supply are directed to add the amount to the annual
assessment usually levied by the collector of the cess in
such county ; while the Magistrates are in like manner
directed to add the amount to the corresponding annual
assessment levied by the collector of the cess in the
city or burgh. This machinery, as I understand it, is
hardly applicable in the case of an ordinary burgh of
barony. And as the statute obviously does not point
at distinguishing between more than two classes of
bodies, in both of which the requisite machinery is as-
sumed to exist, I conclude that these two must just be
the bodies which are usually placed in contradistinction
to each other, viz. the royal burghs, on the one hand,
and the counties, as including all that is not royal
burgh, on the other."
The Sheriff dismissed the action, in so far as directed
against the town-clerk of Hawick, adding to his inter-
locutor the following
Note. — u The Sheriff- substitute is of opinion, that the
provisions of the statute as to burghs are applicable
only to royal burghs, and not to burghs of regality
or barony ; and, if that be the true construction of
the enactment, it seems plain that this action,
which is founded exclusively on the statute, can
only lie against the Clerk of the Commissioners of
Supply."
It is not probable that the point will be again
agitated.
366 ANNALS OF HAWICK.
XV.
OBSERVATIONS on the Division of Hawick
Common, in 1777.
Although the division of the Common has generally-
been considered as a measure injurious to the interest
of the community, no exposition of the real circum-
stances of the case has ever been made public, from
which a just inference, either the one way or the other,
can be drawn regarding it. Declamation, indeed,
there has been in abundance, but little or nothing in
the shape of facts or explanations. The event, which
is an important one in the history of the burgh, merits
discussion, however, not only in reference to the legality
of the procedure, and the consequences, beneficial or
otherwise, resulting from it, but also in regard to the
reputation of the individuals on both sides who were
parties thereto.
The early history of this property is involved in
obscurity. The first mention of the lands occurs in the
charter of 1537, which shews that Douglas of Drumlan-
rig was the Lord of the Manor, and which then gave a
clear right of property therein to the particate vassals.
Although not so set forth in the charter, it is probable,
nevertheless, that, as the vassals of Drumlanrig, they
enjoyed the privilege of pasturage anterior to that date,
but without any written grant, and that it was the
charter which first conferred on them an indefeasible
title to the estate, a conjecture to which the tenendas
clause of that deed gives some probability. But, how-
ever the fact may be as to this, undoubtedly Douglas
of Drumlanrig, either in his own right, or as represent-
DIVISION OF HAWICK COMMON. 367
ing a predecessor, must be viewed in the position of
lord paramount of the Commonty. In this light he
was, agreeably to a rule of law of general application
(see cases of Trotter, 12th February 1736, and Erskine,
16th June 1812), held to reserve to himself a right of
property therein, in common with the grantees, pro-
vided there had been continuous possession by him and
his successors subsequent to the date of the grant.
Thus the lands were never completely alienated, all
that was conveyed away being merely an admission to
equal privileges with the granter, in so far as regarded
the fruits of the soil. There is a striking proof that
this was the understanding of the Town Council them-
selves on the subject, contained in their minutes in the
year 1710. From these it appears, that they solicited
the permission of the Duchess of Buccleuch, before
venturing to enclose the lands called Myreslawgreen.
The Duchess consented conditionally, under the provi-
sion that such consent u should not infer ane property
to the toun, but that it should always be ane commonty,
and part of the Common in all time coming thereafter."
The mode of occupation of the Commonty corresponded
with this construction of the grant. In the evidence ad-
duced and still extant, it was established, by the testi-
mony of many witnesses, and placed indeed beyond the
possibility of doubt, that the occupiers of the Buccleuch
lands, as well as those of the other circumjacent heri-
tors, at all times pastured their cattle on the Common
as freely as the burgesses of Hawick. It was no doubt
very anxiously endeavoured to be shewn, that the cattle
of the burgesses enjoyed a certain pre-eminence over
the rest, and that all the other hirsels often gave way
to theirs ; but this was probably owing to their being
superior in number to any of the other detached flocks,
368 ANNALS OF HAWICK.
and perhaps also to the tactics incident to the exercise
of such an anomalous right of property, in which the
veteran shepherd, Mungo Armstrong, was no doubt a
proficient ; and the fact of regular enjoyment of the
pasturage nevertheless was too palpable and decisive a
circumstance to be overcome by occasional squabbles
between shepherds having no precise notion of the true
rights of parties.
The right being thus, from the first, a limited one in
the persons of the burgesses, it is difficult to understand
how they came to believe that the claims of the neigh-
bouring heritors were founded on mere usurpation.
The Duke of Buccleuch, and some of the other heritors,
had the privilege of Commonty embodied in their titles,
in addition to which, the Duke had a parliamentary
ratification of his right : they had also possession in ac-
cordance with the terms of their deeds, and the bur-
gesses themselves had no more. But, looking to the
distinct way in which the boundaries of the lands were
indicated in the charter, and judging perhaps from the
titles of their burgal tenements, though not analogous,
they seem to have been unable to comprehend how
these boundaries could have been circumscribed without
their express consent.
Although, however, such was undoubtedly the general
feeling, there were not wanting at the time individuals
who perceived the error of this reasoning, and the ad-
vantages which would result from an exclusive, in lieu
of a common, occupation of the lands. This is proved
by the minutes of Council (see Annals, 1769, &c),
which shew that the council not only foresaw the
advantage of a change, but had the courage to brave
popular odium in order to accomplish it.
The statute 1695, c. 38, in virtue of which the
DIVISION OF HAWICK COMMON. 369
action was instituted by the Duke of Buccleuch, is it-
self an admirable one, and one which has done much to
promote Scottish agriculture. It was first founded on
in Roxburghshire, in the parish of Smailholm, in 1739,
and this was soon followed in other cases. Nothing
could be more natural than that the Duke of Buccleuch,
who was devoted to the improvement of his estates,
should wish to keep pace with the times, and to lend
his aid to put an end to such a disadvantageous mode
of occupation.
Such, too, was the opinion of the other neighbouring
heritors, none of whom* appear to have offered any re-
sistance to the process of division.
The result was, that a reference was made to Lord
Advocate Montgomery of the process of division, whose
award in 1777, put an end to the former mode of oc-
cupation of the commonty.
That the Town -Council were justified in taking this
step cannot be doubted. Indeed, after the Court had
sustained the title -)- of the Duke, they must have con-
sidered the case virtually determined against them, as
the possession was matter of notoriety.
On what grounds the arbiter proceeded is not quite
certain. From the evidence laid before him, it appear-
ed, that u the real rent of the Town of Hawick was
£1165:6:6 Sterling yearly. The real rent of the
* Sir Francis Eliott of Stobs was not an exception, as he had no
title, his estate lying in another barony and parish (see the case of
the Common of Corrymenie, in Aberdeenshire, decided while these
sheets are passing through the press, November 1849) ; and, besides*
his tenants seem to have been formally interrupted when attempting
to exercise pasturage. — See the Annals. But there is no evidence of
the neighbouring heritors having been so interrupted.
*f* The Lord Auchinleck, Ordinary, on 1st July 1767, " in respect
of the pursuer's active title produced, sustained process, allowed the
pursuer to prove his libel,*' &c.
370 ANNALS OF HAWICK.
whole conterminus farms which have ever had any pos-
session- upon the common, was only £394 : 5 : 1." It
is added, that " if the rule be according to the posses-
sion, which appears to be the most reasonable rule,
there does not appear anything in the proof which can
ascertain the extent of possession ; and a further proof
will be necessary." The ground of apportionment as-
signed by his Lordship was, " that the only mode of
division that can take place is, by setting off for the con-
terminous heritors what shall be judged to be sufficient
for answering the purposes of their rights of servitude."
It excites surprise to find these heritors' claim treat-
ed as a right of servitude^ since it certainly w*as, on
the authority of the cases of Tillicoultry in 1740,
and Reddingrigin 1768 (Morrison's Dictionary, p. 2469
and 2481), an undoubted right of property. The Duke
of Buccleuch's infeftment defined his right, as "all
and whole the commonty of Hawick, and common
moor thereof, and whole other parts, pendicles, and per-
tinents thereof, all lying within the parish of Hawick,
and shire of Roxburgh." There is here no mention of
pasturage. That the other claimants had a good title,
under the term parts and pertinents, specified in their
infeffcments, was determined in the Reddingrig case in
1768. Again, if the Duke of Buccleuch's right had
been one of servitude only, he could not have instituted
the action of division at all, that privilege being reser-
ved to those who were heritors of the lands sought to
be divided. — Vide the cases of Tillicoultry in 1740, and
Reddingrig in 1771. But being a right of property,
the Court held his title to insist in the action to be
good. It was, therefore, an unfortunate circumstance
that so eminent a lawyer should have so characterized
the right, as his opinion gave countenance to the belief
DIVISION OF HAWICK COMMON. 371
that the claims of these neighbouring heritors were ill-
founded. It is possible, however, that be assumed the
statement of the party characterizing the right as one
of servitude, to be correct, without examining the titles.
No allusion is made by either party to the statutes
of 1686 and 1693,* and yet their existence must cer-
tainly have been known to them.
The award, which found, that " the Magistrates and
Town Council of Hawick for themselves, and as repre-
senting the community of the said town of Hawick, have
no exclusive right of property in the muir or commonty
of Hawick, but that the said muir or commonty falls
to be divided," &c, fortunately declared, that the two
Haughs, and Myreslawgreen, although the summons
had concluded for their division, as well as of the Com-
mon, made no part of the commonty. Of these sepa-
rate pendicles, as was alleged by the Magistrates,
" none of the heritors ever had any possession ;" and
this important point was gained by the burgh, these
twenty acres being equal in value to ten times as many
of the common lands. The decree of division concluded
with this clause : — " And further, find and declare, de-
cern and ordain, that the sundry allotments made by
me of the foresaid commonty or muir in manner before
mentioned, with the servitude above specified, (viz. the
fairs on the Haughs) shall, from the 26th day of May
1777, and in all time coming thereafter, remain and
abide with the respective persons above mentioned, to
whom I have allotted the same, and that as their own
several and undoubted properties, free of every claim
or demand whatever, at the instance of all or any of
the other parties submitters."
Whether the procedure connected with the division
* See these in Appendix, Nos. VIII. and 1 X.
372 ANNALS OF HAWICK.
was in every respect just and legal, and there is cer-
tainly nothing on the face of the proceedings creating
a contrary presumption, it is certain that the measure
itself has proved highly beneficial to the community of
the burgh. The year 1777 is, indeed, a remarkable
era in the history of Hawick, as it was only then that
the Council were enabled to enclose their lands, to let
part of them in lease, and to commence various other
improvements, such as building a town-house, erecting
public wells, levelling and paving the streets, and feuing
suitable portions of their lands for building purposes.
Previous to that date, the burgh having little or no re-
venue, was compelled to resort to stents, which, though
trifling in amount, were levied with difficulty ; and the
annals show, that their coffers, as was indeed unavoid-
able, were generally empty. Even their legal power
to impose these stents had come to be doubted ; so that
there was a necessity for some change, in order to the
due government of the burgh, where manufactures had
now taken root, and the population was increasing.
In other respects, the gain has been prodigious by
the change. The lands have undergone great improve-
ments, by draining, enclosures, and plantations, the last
embellishing the whole neighbourhood. The conse-
quence has been, that instead of a paltry and uncertain
income, the burgh has now £600 a-year of land rental,
regularly paid ; a large portion of which is applied to
defray the expenses of the police of the town ; and the
revenue is on the increase.
It may be added, that in a statement regarding the
burgh in 1793, preserved among the burgh records,
there occurs this passage : — " Previous to the division,
the burgesses cattle pastured the whole common ; and
the town had no revenue except what arose from the
REV. DR CHARTERS. 373
dues, or entry-money of the burgesses, which was in-
considerable. Since the division, the whole common
is enclosed."
XVI.
MEMOIR of the Rev. SAMUEL CHARTERS,
D.D., Minister of Wilton ; delivered as an Address
on occasion of his death by the Rev. Thomas Somer-
ville, D.D., Minister of Jedburgh, &c. &c, on
Sunday the 3d July 1825.*
The Rev. Dr. Charters was born at Inverkeithing,
1742, where his grandfather and his father, in imme-
diate succession, exercised the pastoral office with dili-
gence and reputation. He was deprived of both his
parents at an early age,, and, with a competent patri-
mony, fostered and educated under the protection and
superintendence of near relations, and particularly of
his uncle, the late Mr Samuel Charters, solicitor to the
Board of Customs. After the ordinary classical educa-
tion of a grammar school in the country, he completed
his university studies at Glasgow. The indications of
a superior mind, and powerful understanding, accom-
panied with a meek and amiable temper, and his un-
common proficiency in every branch of science and
literature, attracted the esteem and affection of his fel-
low-students, and the marked attention and patronage
of the professors under whom he studied. He entered
the career of public life, destined, by the auspicious
* This is the only Memoir of Dr Charters that has ever been
printed. The reader is indebted for its reappearance in the present
work to the liberality of Mr Robert Armstrong, printer, Hawick, the
original publisher.
374 ANNALS OF HAWICK.
suffrages of the most discerning judges to whom his
merits were known, to excel in any literary department,
to which he might afterwards choose to bend the force
of his mind. Having discovered an early preference
for the clerical profession, his application was princi-
pally directed to that course of study which coincided
with his predominant taste and inclinations. He de-
voted his attention and time, with indefatigable indus-
try, to the study of the Holy Scriptures in the original
languages, of which he was a perfect master. He was
well acquainted with the most celebrated authors,
ancient and modern, who have treated of biblical criti-
cism, ecclesiastical history, and theological science;
and his profound erudition was acknowledged and ad-
mired by all his cotemporary friends, who were conver-
sant in congenial studies. Endowed with refined natu-
ral taste he derived relaxation and improvement, from
dedicating a portion of his time to the perusal of such
authors as shine in polite literature, and ornamental
composition.
The consistency of grave and and abstruse subjects
with animated feeling and elegant expression, was re-
markably displayed in all his works, and, particularly
in his moral and religious treatises. The volumes he
has published, most of them in the form of sermons, are
alike important, and distinguished by the matter which
they contain, and the style in which they are expressed.
The sermons in which he treats of religious subjects,
strictly so called, exhibit a beautiful model of devotional
eloquence, inculcating the most pure and exalted no-
tions of the being, perfections, and moral government
of God — the riches of his mercy displayed in the dis-
pensation of the gospel, and its sanctifying, consolatory
influence upon all, who by faith receive it. The ear-
REV. DR CHARTERS. 375
nestness and sublimity of his prayers thrilled the hearts
of his fellow-worshippers, with sympathetic emotions
of holy reverence, resignation, and joy. Depth and
originality of thought — sensibility — beautiful allusion
to the works of nature, and concise and pertinent ex-
planations of Scripture, run through all Dr Charters's
publications, and justly entitle him to the praise of
being one of the most instructive, moral, and interest-
ing authors of our own time. But in none of his composi-
tions, is originality of thought more striking than in
his moral discourses, which make a large proportion of
his printed volumes, both on account of the peculiarity
and usefulness of the subjects, and just and acute ob-
servations on common life and manners. There is a
certain class of duties, essential to the Christain cha-
racter, which are often left undone, because the time
and manner of performing them is indefinite, the omis-
sion less obvious, and temptations to neglect not so im-
mediate and perceptible, though not less insidious and
dangerous. The owing no man any thing, or paying
debt — the dispensing of alms — the making a wise, pru-
dent arrangement of secular, domestic affairs, by a
testament, are too often degraded in the scale of morality,
and the neglect of them is considered as implying,
only, venial blemishes in a religious character. The
mighty mischiefs arising from the omission, or neglect
of these duties — their sacred, indispensable obhgation —
the illusive apologies which set conscience at ease, are
delineated and described with such clearness, precision,
and energy, that it is impossible that any individual
who makes light of them, can remain ignorant of his
guilt and danger. I know of no compositions better
entitled to the emphatical, laconic encomium of Lord
Bacon — " they come home to the business and bosoms
376 ANNALS OF HAWICK.
of men." I may farther observe, with regard to Dr
Charters's sermons, that they are free from all contro-
verted, uncertain articles of faith, and the pure, essential
doctrines of the Christian religion, are explained, illus-
trated, and enforced, in strict conformity to the authority
of the Holy Scriptures, and made level to the capacity
of the most unlearned hearers. His style and composi-
tion are not less original than the quality of the mat-
ter — remarkable for simplicity, united with dignity
and elegance ; and for conciseness and strength, with-
out deviating from plainness and perspicuity. There
is nothing redundant or superfluous, and seldom any
thing deficient or wanting. It would perhaps be diffi-
cult to select, from any author, an example of so much
weight and variety of argument contained in as few
words. It may, at the same time, be observed, that,
in the delivery of his sermons, he rather exceeded in
compression, and, by the abruptness and unexpected
suddenness of the conclusion, often disappointed the
anticipated gratification of his approving, intelligent
hearers. The venerable, apostolic aspect of your late
worthy pastor, and the impressive solemnity of his
address, equally remote from coldness and indifference,
and petulance and affectation of ardour, stamped con-
viction of his sincerity upon the hearts of his hearers,
and insured profound attention, and filial respect to his
admonitions.
His conversation, in mixed company, was reserved
and guarded. He avoided keenness of dispute, and
seldom committed himself upon subjects which are the
occasion of divided opinions, and warm excitement.
With familiar friends, it was frank, animated, and in-
structive, and often sweetened by vivacity and strokes
of pleasantry ; but whatever the subject of his conver-
REV. DR CHARTERS. 377
sation had been, it always left lasting impressions of
his sagacity, knowledge, and amiable temper.
He never enlisted under the banners of any part}-,
nor assumed the rank of a leader in the judicatories of
which he was a member ; but the acknowledged solidity
of his judgment, and his inflexible integrity, had a
powerful sway over the opinions of his conscientious
brethren, when any topic, connected with the discipline
or interest of the church at large, happened to be the
subject of discussion. If there was any one point into
which he entered with ardour of zeal, or departed from
that calmness which was the habitual stamp of his cha-
racter, it was upon the occurrence of any measure or
question relative to the interests of toleration. He
firmly believed and contended, that every enlargement
of toleration would ultimately contribute to the credit
and diffusion of true religion, and more than counter-
balance the transitory inconveniencies arising from it.
In speaking of the private life of your departed pas-
tor, it is unnecessary to dilate on those virtues, which
were familiar to all who now hear me — his fidelity in
the discharge of the ministerial duty — his sympathetic
atttention, and consolatory admonitions to those who
were visited with affliction — his vigilance and unwearied
diligence, in communicating instruction and advice
adapted to the circumstances of individuals, and fami-
lies — his liberal exertions, in behalf of his indigent
parishioners — his assiduity, in infusing the principles
of piety and virtue into the hearts of the young and
rising generation — his exemplary conjugal, and frater-
nal affection — the kindness and tenderness he exercised
towards all the members of his family. But I consider
myself, as particularly invited by the duty imposed
2 i
378 ANNALS OF HAWICK.
upon me at this time, to specify those dispositions and
qualities, which constituted the most prominent and
discriminating features in the life and character of your
late worthy pastor.
A native bashfulness and humility, seldom associated
with transcendant abilities, adorned his whole deport-
ment, and gained upon the affections of all who knew
him. Far from being ambitious of notice or fame, he
shrunk from ostentation and display, and even avoided
the fairest opportunities of showing the superiority of
his intellectual powers, and the rich and ample stores
of knowledge he had acquired. Were I to give the
names of several individuals, of high renown in the
literary circle, who admired his talents, and cultivated
his correspondence and friendship, it may appear un-
accountable, that he did not enjoy a more public and
splendid field for the exercise of his pre-eminent facul-
ties and acquirements. But it is a fact, well known to
his confidential friends, that his continuance in a station
comparatively remote and obscure, was not, as often
happens to deserving candidates, imputable to neglect
or disappointment, but to the choice of his heart, and
the persuasion, that he might be more happy, and
virtuous, and useful, by remaining in the shade, and
conscientiously dedicating his endowments and labours
to the interests of religion, in that district to which
Providence had called him, at an early stage of life.
While he thought humbly of himself, I never knew
any person more disposed to give praise to the well-
founded pretensions of others, and more cordially to re-
joice in the reward and success of merit. The same hum-
ble disposition, induced him to adopt the most candid in-
terpretation of the conduct and actions of others. He
REV. DR CHARTERS. 379
was not only slow to take up an evil report against his
neighbour, but fond to dwell on the bright side of cha-
racters. He discovered a peculiar delight in fixing
upon acts of distinguished goodness, as tending to re-
deem or palliate occasional, minor delinquencies.
He was a judicious, but liberal critic. An admirer
of intellectual excellence, and eloquent authors, he re-
gretted that the pride of genius and ambition of novelty
often betrayed them into aberrations of opinion and
fancy, which seduce and mislead shallow readers, des-
titute of correct taste and moral sensibility.
His modesty and humility were habitually manifested
by the meekness of his temper, and unruffled composure,
when he met with injuries or disappointments, from
which the most prudent and innocent are not, at all
times, exempted — by patience and resignation under
more pressing calamities — by disinterestedness, self-
denial, and moderation, in the use of personal prosperity,
and the application of it to generous purposes. And
this leads me to remark another distinctive feature of
his character.
All, who now hear me, can bear testimony to his ex-
tensive and unwearied beneficence. I have had the
happiness to be acquainted with many individuals, whose
charitable donations did not fall short of the proportion
which might be reasonably expected from the income
or prosperous circumstances, with which Providence
had favoured them, but I may truly affirm, that, in the
wide circle of my acquaintance and observation, I never
met with any example of more liberal beneficence — of
more ardent, persevering, laborious exertions in doing
good — patronising disappointed industry — relieving the
embarrassments of unfortunate friends — furnishing the
means of education to young persons of promising
380 ANNALS OF HAWICK.
abilities — promoting useful designs*, clothing the naked,
and feeding the hungry. Besides the evidence of his
surpassing generosity, necessarily obvious and well
known, many instances not less costly were discovered
only by his confidential friends, and many, we may
believe, concealed even from them. But it is proper
to observe, that his charity did not flow merely from
the impulse of compassion, which, however laudable, is
often misguided, and rashly bestowed upon the unde-
serving. It was considerate, and deliberative. He
weighed the comparative merits and pretensions of the
objects of it, and the permanent value and effect of its
operation. I have known him resist importunate soli-
citations, and disappoint forward expectation, in cases
where compliance would have added to his popularity,
while secret and more cogent motives suggested a pre-
ference of others, though attended with greater pecu-
niary sacrifices. . Vanity had no influence in his chari-
table donations.
The principle upon which Dr Charters' s beneficence-
was founded, and the manner and circumstances with
which it was conducted, constituted its sterling value,
and enhanced its merit. He considered love as the test
of Christian faith ; and active, efficient kindness, adapted
to the various necessities of those who are the objects of
it, as the only genuine evidence of Christian charity, and
that the love of God cannot dwell in the heart of the
man, " who seeth his brother in want, and shutteth up
his bowels of compassion against him." He felt, in all
its force, the condescending, encouraging recommen-
dation of our Lord, " that he that giveth to a disciple
* One of these particularly deserving of notice was the institution
of a select circulating library, for the instruction and entertainment
of his parishioners.
REV. DR CHARTERS. 381
but a cup of cold water in the name of a disciple, shall
not lose his reward." He testified, from his own ex-
perience and feeling, " that it was more blessed to give
than to receive." He believed, that a conformity to
the example of Jesus, who went about doing good, was
the most acceptable proof of a grateful sense of redeem-
ing love, and the most solid basis for humbly rejoicing
in the anticipation of the transporting approval, to be
pronounced in the great day of accounts, " inasmuch
as ye have done it to the least of these, ye have done
it unto me — well done, good and faithful servant, enter
into the joy of your Lord." And this naturally leads
me to observe, in the last place,
That the love of God, the parent root of every virtue,
was the most prominent feature that exalted the cha-
racter of our beloved friend. His piety did not arise
merely from any sudden impulse, excited by more in-
teresting emergencies in the course of life, nor was it
displayed by ostentatious raptures, which, however much
disparaged by those who are strangers to corresponding
emotions, often flow from a sincere heart. It was calm,
composed, steady, and interwoven into his temper. A
sense of diviDe excellence was engraven in his heart.
His thoughts and meditations were habitually bent and
exercised, in contemplating the perfections, government,
and works of God, and the riches of his grace, so won-
derfully manifested in the dispensation of the gospel.
He delighted in devout contemplations. He consider-
ed himself, as acting continually in the presenc
and entered upon every undertaking in a pio^
dence on the wisdom and goodness of his providence*
Hence he enjoyed that invariable serenity and cheer-
fulness of disposition, which cannot be purchaseu uy
temporal prosperity, or the pleasures of sense.
382 ANNALS OF HAWICK.
Such was the character of your beloved pastor, who
may be justly numbered among the excellent ones of
the earth. The event of his death may be considered
as public loss, and a lawful occasion of sorrow to his
friends and family, and this congregation. Insensibi-
lity, or indifference in the house of mourning, is an im-
peachment both of the moral and religious character ;
but, though permitted to sorrow, our sorrow must not
be like that of those who have no hope. It must, as
has been observed in the preceding discourse, be re-
strained, and soothed, and sanctified by the principles
of our religion — by the hope of a resurrection, and the
belief of immortal life.
Our consolations and our sorrows, on the occurrence
of this, and similar trials, spring from the same source,
and alternately increase and alleviate their contrasted
effects. The deprivation of the invaluable privileges
which you derived from the labours and example
of your late worthy pastor, is the commencing era of
his consummate felicity. " They that turn many to
righteousness, shall shine as the stars of the firmament."
What our Lord said to his disciples, overwhelmed with
sorrow upon the near prospect of a separation, may be
addressed, in a qualified sense, to all who mourn for
the loss of pious friends. " They have gone to their
Father. They have entered into the joy of their Lord."
There is another ground of consolation, which can be
applied to few congregations in the extent it does to
you. The privation of past mercies reminds us of our
having enjoyed them. Think of the prolonged period
of the life and labours of your pious and affectionate
minister. How few have enjoyed such a distinguished
blessing! Having ministered to your instruction and
comfort for more than half a century, " he is now ga-
REV. DR CHARTERS. 3S3
thered to his fathers, like a shock of corn in due sea-
son." Remember that to whom much is given, of
them much shall be required. Would you wish to
express your gratitude to God, and your respect to the
memory of your worthy pastor in a way that would
have been most acceptable to him — call up to your
minds every day his instructions and example. Em-
brace with thankfulness the opportunities which Al-
mighty God may be pleased to afford you for promot-
ing your spiritual edification. Show all due respect to
those " who labour among you, and are over you in
the Lord, and admonish you, and esteem them very
highly in love for their works' sake, and be at peace
among yourselves."
Before I conclude, I feel it proper, in justice to my-
self, to mention to you, that I have not undertaken the
performance of the duty of this day without great
anxiety and distrust. From the infirmities of age, I was
conscious of my incapacity of performing it in a way
satisfactory to myself. But there existed strong, and
peculiar inducements, for my complying with the de-
sire of my sympathising friends and fellow-mourners,
upon this occasion. It is a tribute of respect due to
the memory of a beloved friend. I have known him
longer, and more intimately, than any individual who
now survives. My acquaintance with Dr Charters
commenced about sixty years ago. A reciprocal at-
tachment soon ripened into a maturity of friendship,
which could not admit of increase from any relation
which might afterwards take place between us.* We
made known to one another all our future views and
plans of life. We entered into a partnership in study,
and mutually communicated the first specimens of our
* In familiar conversation they named each other Sam and Tam.
384 ANNALS OF HAWICK.
compositions, and passed our probationary trials toge-
ther for being licensed to become preachers of the gos-
pel. The vicinity of our situation for fifty-three years
past, afforded us the opportunity of continuing our con-
fidential intercourse, and of consulting with one another
upon the most interesting occurrences that happened to
us. Often have we been united in scenes of pleasure —
often have we been united in scenes of sorrow. The
enjoyment of his friendship, I have always considered
as one of the greatest blessings of my life. Every day,
during my few remaining days, I shall think of him with
the most tender affection. While comforted with the
belief of his happy transition, and of his having entered
into the joy of his Lord, may I, and you, my fellow-
mourners, by treading in his steps, and being followers
of them who by faith have inherited the promises, be
enabled, upon good grounds, to rejoice in the hope of
being again united with him in the bonds of everlasting
friendship, and made members of the society of the just
made perfect, when all tears shall be wiped from our
eyes, and there shall be no more death, nor sorrow, nor
sin !
All the papers of Dr Charters, including his own
manuscripts, were, in consequence of his express in-
juctions, destroyed immediately after his death.
Since the admirable address of Dr Somerville was
delivered, a review of Dr Charter's sermons has ap-
peared in the printed works of Dr Chalmers, who, to
the end of his life, thought of him with the greatest
respect and affection. In the year 1841, Dr Chalmers
spoke of his old friend to a Roxburghshire clergyman,
as " the most interesting minister in the Church of
Scotland."
SET OF THE BURGH. 385
Besides his admirable Sermons, published in 1786,
and reprinted in 1816, in 2 vols. 8vo, Dr Charters was
author of A Discourse on the Duty of Making a Testa-
ment, 8vo, 1794 ; and an Essay on Bashfulness, small
8vo, 1815, now unfortunately out of print, as its merits
are of high order.
XVII.
SET OF THE BURGH.
Decerniture of the Court of Session, in the con-
joined Process of Declarator betwixt the Burgesses
of Hawick and the Bailies and Council thereof,
22d February 1780 and 11th August 1781.
The Lords of Council and Session found, and hereby
find, that the Bailies, when elected with the advice of
the Council, have the right of administration of the
town's property, and that, after setting aside a sufficient
quantity of the Common to answer the usual and neces-
sary purposes of the burgesses inhabitants, may set
out the remainder for a reasonable term of years, and
for an adequate rent, to be applied towards discharging
the debts of the community, and other beneficial pur-
poses : Found, and hereby find, that the Bailies and
Town- Council presently in possession shall continue in
the management and direction of the affairs of the said
burgh until the second Friday of October next : But
found and declared, and hereby find and declare, that
thereafter the said Town-Council shall consist of thirty-
one persons, to be chosen and elected then, and vearly
2k
386 ANNALS OF HAWICK.
thereafter, in the following manner : — That the Bailies
and Town- Council shall, upon the "Wednesday preced-
ing the said second Friday of October, choose and make
up a leet of six persons, out of which leet two Bailies
shall be chosen, as use now is, by the body of the bur-
gesses, bearing scott and lott* within the said burgh,
or trading and residing within the said burgh, upon
the said second Friday of October ; and that no person
shall be capable of being elected a Bailie for more than
two years successive^ : Secondly, that there presently
are, and shall henceforth continue, seven Incorporations
within the said burgh, viz., Weavers, Tailors, Hammer-
men, Skinners, Fleshers, Shoemakers, and Baxters, each
of which incorporations shall be entitled, upon Thursday
preceding the said second Friday, to elect two quarter-
masterst for each trade, to continue in office for one year ;
and that no person shall be capable of being elected a
quarter-master longer than for two years successive :
Thirdly, that on the said second Friday after the Bailies
are duly elected, and admitted as members of the Coun-
cil, the said fourteen quarter-masters shall be entitled
to be also admitted members of the Council for the en-
suing year ; and in case of the death of any of the said
quarter-masters, it shall be competent to the incorpo-
ration to which he belongs, to supply his place by elect-
ing another for the remainder of the year : Fourthly,
that upon the said second Friday of October next, the
two bailies now to be elected, and the Council now in
being, shall, from among the councillors now existing,
elect and appoint fifteen councillors, who shall continue
* These terms signify " local rates and probably general taxes." —
HallarrCs Constit. History of England, vol. ii. p. 200. Ed. 1842.
t This military term indicates the nature of the duties formerly
annexed to the office.
SET OF THE BURGH. 387
in their office during life, or until otherwise legally re-
moved : But declared, and hereby declare, that the
then Bailies may be elected in the number of the fifteen
councillors : But also found, and hereby find, that when
any of the councillors is elected a Bailie, the Bailies and
the remaining councillors may elect a proper person
councillor, to serve as councillor for that year, in order
that the two Bailies and fifteen councillors may make
the complete number of seventeen, which, with the
fourteen quarter-masters, make up the number of thirty-
one : Further, found, and hereby find, * that upon the
death or removal of any councillor, the Bailies and Coun-
cil, exclusive of the quarter-masters, shall, without de-
lay, elect another proper person councillor in his place :
Further, found and declared, and hereby find and de-
clare, that thirteen shall be held a quorum of the Coun-
cil, the Bailies and Councillors always making seven of
that number : Found and declared, and hereby find and
declare, that the eldest Bailie shall preside in all meet-
ings of council, and in case of the absence of the Bailies,
the eldest Councillor present shall preside ; and in case
* The Town Council, on 4th October 1821, passed the following
act: —
" Find, that it has been the uniform practice of this burgh, that
whenever a burgess has removed from the precincts of the burgh,
and become non-resident therein, he has ceased to have a voice in
the election of the bailies ; and that, if a councillor, he has also va-
cated his seat as such, and ceased to act in that capacity : Find, that
this practice is in strict conformity to the terms of the charter
granted by James Douglas of Drumlanrig, in favour of the burgh,
in the year 1537, and not inconsistent with the decree of declarator
of the Court of Session in the year 1781 : Therefore, find and de-
clare, that a councillor, by removing from the precincts of the burgh,
and becoming non-resident therein, does thereby disqualify himself
as a councillor of the burgh, and vacate his seat as such accord-
ingly."
S88 ANNALS OF HAWICK.
of equality, the person presiding shall always be en-
titled to a casting vote : And further, found, and here-
by find, that the whole Council, consisting of the
Bailies, councillors, and quarter-masters, shall, upon
the said second Friday of October, yearly, elect one
of their number to be Treasurer of the burgh for the
subsequent year : Found, and hereby find, that the said
election shall proceed yearly, in the same manner and
upon the same day as above specified : Found, and
hereby find, that the management and direction of the
present Bailies and Town- Council of the burgh of the af-
fairs thereof, extends no further than to the common
and ordinary acts of administration of the affairs of the
burgh ; and that the exercise of the more extraordinary
acts of administration, such as feuing or selling the
property of the town, the election of the town-herd, and
the like, which have a prospect beyond the day ap-
pointed for election, are competent only to the Magis-
trates and Council to be then elected, and their succes-
sors in office in all time coming : And decerned and de •
clared, and hereby decern and declare accordingly.
The judges are stated to have been unanimous in
their opinions.
Although it has been a subject of general regret that
the charter of 1537, so liberally conceived, should have
thus been subverted, and the system of self-election
legalized, it is by no means clear that any detriment,
in a patrimonial point of view at least, has thereby re-
sulted to the community. If the party of Freeman had
been successful, it is certain that they would have re-
sisted the enclosing and letting of the burgh lands,
THE REV. JOHN YOUNG. 389
since this would have interfered with the broad right
of pasturage to which they laid claim, while none of
the other recent improvements would probably have
ever been attempted.
XVIII.
THE REV. JOHN YOUNG, D.D.
The name of Dr Young does not appear in Mr
Chalmers' Notes. He was born at Milnathort, in the
county of Perth, in the year 1743; and was in 1767
appointed to the Antiburgher congregation of Hawick,
where he died in 1806, aged 63.
Dr Young was the Author of the following works
which are now scarce : —
Rules for the Direction of Praying Societies, or Fel-
lowship Meetings, by John Young, Minister of
the Gospel at Hawick. Edinburgh, printed by
Neill and Company, 1781. Price One Penny,
12mo, pp. 12.
Essays on Civil Government, and other Subjects,
17*94. 8vo.
Sermons on Important Subjects, 1798. 2 vols. 8vo.
Afterwards reprinted with a third volume added,
and other detached Sermons.*
* In the Preface to this Edition (1797), Dr Young says : " There
are various things lately published under the name of Sermons, that
bear no more relation to the gospel of Christ than the discourses of
a heathen philosopher. And some that run in direct opposition to
the capital doctrines of the Christian system." If, as is probable,
890 ANNALS OF HAWICK.
The History of the War between Great Britain and
France. London, 1804. 2 vols. 8vo.
He also furnished occasional contributions to the
periodical works connected with his party.
Dr Young having been a college contemporary of
Henry, first Lord Melville,* an intimacy was formed
between them, which continued through life. When
the Essays on Government were published, Mr Dundas
is supposed to have brought this publication, or the
private worth of its author, under the notice of Mr
Pitt, who bestowed a pension and other substantial
favours on the family of Dr Young.
Dr Young received several calls, and among others
one from the Nicolson Street Congregation, Edinburgh,
with a stipend of £400. All these honours and emolu-
ments, however, he, like his contemporary and neighbour
Dr Charters of Wilton, refused, preferring the attach-
ment of a confiding flock, though his stipend was only
£45 per annum. Such disinterested conduct was
truly praiseworthy, and established a more solid ground
for the rewards conferred on his family, than the Es-
says on Government.
Dr Young had the reputation of being an able and
useful pastor, and his memory is still revered by the
few survivors of his flock. He was the father of thir-
teen children, some of whom still survive.
this blow was aimed at his neighbour Dr Charters, whose Sermons
had been published a few years before, it might have been spared,
since these are still read and highly valued, while Dr Young's are
entirely forgotten.
* Several very interesting letters from Mr Pitt, and also from Mr
Secretary Dundas, while proconsul for Scotland, to Dr Young, were
long preserved in the family, but are now unfortunately lost.
CATTLE STENT CASE. 391
XIX.
JUDGMENT of the Court of Session in the Cattle
Stent Case.
Lord Craigie's Interlocutor
14:th Nov. 1815. — " Having considered the memo-
rials for the parties, additional memorials, and whole
proceedings, finds the letters orderly proceeded, and
decerns ; finds expenses due, allows an account thereof
to be given in, and remits to the auditor to tax the
same."
Note. — u Notwithstanding the doubts arising from
the terms of the Charter produced, (which, however,
does not appear to have been the Charter erecting the
burgh), and, from some of the subsequent proceedings,
it does not appear that there is any substantial differ-
ence as to the matter in dispute between * the particate
men,' as they are called, and their successors, and the
ordinary burgesses. Neither does it appear, that the
Magistrates are precluded from using the commonty in
the way most convenient for the general advantage.
As to the decree in 1781, which directs a sufficient
quantity of the Common to be retained to answer the
usual and necessary purposes of the burgesses, inhabi-
tants, it appears to have been merely an arrangement,
agreeable to the ordinary mode of managing such pro-
perties at the time, and would not, in all probability,
be thought to prevent the Magistrates from pursuing
a different course at this time. Indeed, as to that
part of the Commonty that is used by cattle belonging
392 ANNALS OF HAWICK.
to strangers, the interlocutor would directly authorise
a lease. But it is not necessary to give any decision
on the point.
" Holding, that the Magistrates have a power of
administrating the Commonty according to the exigen-
cies of the burgh, an increase of the cattle stent, as it
is called, is not to be viewed as a tax, but merely as
an augmentation of the rent, which, it is not disputed,
the circumstances of the community render necessary
at this time.
" If it could have been held, that the particate men
had a right of property in the Common, it cannot be
imagined that they would have submitted to any in-
crease of the cattle stent, when it came to be more than
necessary for paying the common herd ; and least of
all, would they have allowed strangers to pasture their
cattle upon the Common, for a rent to be paid exclu-
sively to the Magistrates. But, indeed, the interlocu-
tor of Lord *Alva, already referred to, is quite incon-
sistent with the suspenders plea. If the particate men,
mentioned in the Charter, had a right of property in
the Common, and, as the suspenders allege, the whole
property, it would have been most unjust to have
authorised a lease of any part of it, without allowing
them at least a share in the rents."
This judgment was affirmed by the Inner House.
Notes of the Judges opinions at a previous advising
have been preserved, but in too imperfect a state for
publication.
CORPORATION ABSTRACT, 1814-15.
393
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394
ANNALS OF HAWICK.
XXI.— CORPORATION ABSTRACT,
TOWN TREASURER, DR.
To the Revenue of the Town for the ly-past Year, viz
1. Amount of Rents and Feu-duties, £517 14
2. Cattle Stent for the year to Whitsunday 1 848, 7!
3. Burgess Entries,
4. Water Duty, ....
5. Rents of Town- House and Tents,
6. Rents of uninclosed parts of Common Haugh
7. Proceeds of Crop of Growing Corn at Flex
Park,
8. Price of Street Lamps and Scavengers' Im-
plements sold to Police Board,
9. Old Water Pipes in Wellogate sold, .
10. Gate Rents, ....
8
14 2
4 17
1 16
50 15 7
£719 6 9
To Price of Under Common Haugh sold to
North British Railway Company, and
Interest 3318 14 »
Less Edinburgh Agent's Account, £70 3 7
~- -~ Country Agent's do. 50
Surveyors, Witnesses, Jury,
Sheriff-Clerk, &c, . 47 11
- 167 4 6
3151 10 2
To Price of 1\ acres of land at Common, sold
to the Heritors of Hawick Parish, in
order to be excambed for New Burial-
Ground at Wellogate,
Less Expense of Conveyance,
262 10
2 7
1846,
October 5. Debt owing by the Burgh at this date,
£4130 19 2
CAPITAL
£3445
£3445
CORPORATION" ABSTRACT, 1846-7. 395
1846 to 1847.
TOWN TREASURER, CR.
By Balance due to the Treasurer at last Settlement, £29 19
Cash paid as under, viz : —
1. Debt discharged,
2. Interest thereof to this date,
3. Officers' Salaries, viz., —
Clerk of Police,
Town Treasurer,
Master of Works,
Clock-Keeper,
Burgh Officers,
Town-Herd,
,
2805
•
177 2
1
£20
15
7
6
7
20
75
2 15
6
t
43 13
8 1
15
7
5
ibscri
ption to
36 7
2
4. Schoolmaster's Salary,
5. Poor Rates,
6. Officers' Extra Jobs,
7. Officers' Clothes, three suits,
8. Fire-Engine Establishment, £6, 7s. ; and Subscription to
New Engine, £30, .
9. Expense of Street Lamps, .
10. Repairs of Town-House, and Clock's Insurance, &c., 14 15 11
11. Repairs at Wells, including new pipes at Wellogate and
Streets, 60 19 6
12. Fences, Plantations, Seeds, Lime, and other improve-
ments on Common and Common Haugh, . 125 3 6
13. Statute Labour, £3: 12 : 10 ; Property Tax, £11 : 12: 1 ;
Prison Tax, £3:2:7 ; Assessment for New Burial-
Ground, £12 : 15 : 8, . . . . 31 3 2
14. Expense attending Mr Veitch, Inspector of Weights and
Measures, visit to Hawick, . . . . 5
15. Expenses attending Bailies' Election and Common Riding, 3 10
16. Printing, Stationery, and Advertising, . . 8 6 3
17. Abatements of Rent allowed, . . . 31 4
18. Subscription towards erection of Wooden Bridge at Kirk
Wynd Foot, 5
19. Contribution to Police Funds from Whitsunday 1846, to
Whitsunday 1847, £150 ; less charged in last account
£35, 115
Contribution to Do. for year Whitsunday 1 847, to Whit-
sunday 1848, .
20. Auctioneer's Account, ....
21. Edinburgh Agent's Account,
22. Country Agent's Do. ....
23. Miscellaneous Expenditure,
24; Arrears of Rent to be charged in next account,
25. Rents not yet chargeable, ....
Balance in Treasurer's hands to be credited in
next account, .... 305 18 4
£4130 19 2
ACCOUNT.
1847,
October 4. Debt discharged within the year, . £2805
Debt still owing, . . . . 640
£3445
151
5 15
9
1 9
10
17 8
5
3 10
9
31 10
19 5
2
396
ANXALS OF HAWICK.
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ADDENDUM. 397
ADDENDUM.
Rev. George Hepburne and the Rev. Thomas
SOMERVILLE.
Since the preceding pages were printed, the Rev.
John Aikman Wallace, Hawick, has been kind enough
to point out an individual, not before noticed, minister
of the parish of Hawick prior to the commencement of
the Presbytery's records, whose name has lately been
brought to light in the publications of the Wodrow So-
ciety. This was " Mr George Hepburne, Person of
Hawcke," whose name occurs in Calderwood's History
of the Kirk (vol. iv. p. 210), sub anno 1584, as one of
the ministers who subscribed the promise and obliga-
tion to obey their ordinary (Patrick, Archbishop of
St Andrews), on 22d May of that year, but regarding
whom no further particulars are stated. — But that age
was much less nice in such matters than the present, of
which a striking proof is given by Mr Macaulay in his
History of England, vol. i. p. 76.
Allusion may also be made to another case, bearing
some resemblance to Mr Hepburne's — that of Mr Tho-
mas Somerville, father of Mr William Somerville,
minister of Hawick. This gentleman, who was the
son of Somerville of Caves and Cambusnethan, was
educated for the Church, and was presented to the liv-
ing of Cavers, by the Bishop of Glasgow, in the year
1674, when Episcopacy was the established religion."
It appears that the appointment was unpopular, the
women, who had assembled in great numbers at his in-
398 ANNALS OF HAWICK.
duction, having their laps well filled with stones, where-
with to pelt him. There was a difficulty, too, in ob-
taining the key of the church from Douglas' of Cavers
daughter, who was seen standing at the window with
it in her hand, and who was probably in league with
the belligerents. The ceremony was therefore per-
formed outside the church, a far more serious informa-
lity in the case of an Episcopal than a Presbyterian
minister. The absence of the old knight of Cavers,
who was Sheriff of the county, is quite intelligible,
since, besides being, it may be presumed, a Presbyte-
rian, he was not likely to relish a presentation con-
ferred by one whose title he must have conceived to
be inferior to his own.
Mr Somerville resigned or forfeited his living at the
Revolution, not on account of any religious scruples or
objections to the Presbyterian form of church govern-
ment then established, but having taken the oath of
allegiance to King James, he thought that he could not
conscientiously transfer his allegiance to King Wil-
liam. These circumstances, with some others formerly
noticed, relating to this worthy family, have been
courteously communicated by Mrs General Elliot, great
grand- daughter of the reverend gentleman. The edi-
tor has learned, from another source, that Mr Somer-
ville afterwards retired to Hawick, where he gathered
a small flock, who assembled themselves in a building
which may still be seen in that part of the town an-
ciently named Playlaw.
<2>
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