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Full text of "An introduction to the history of Dumfries"

CORNELL 

UNIVERSITY 

LIBRARY 




BOUGHT WITH THE INCOME 
OF THE SAGE ENDOWMENT 
FUND GIVEN IN 1891 BY 

HENRY WILLIAMS SAGE 



Cornell University Library 
DA 890.D79E23 



Introduction to the history of Dumfries 




3 1924 028 091 233 




1 Cornell University 
P Library 



The original of tiiis book is in 
tine Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924028091233 



A HISTORY OF DUMFRIES. 



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Feu charter by the Bailies and Community of Dumfries to Provost Robert Macbrair 
of the lands of Netherwood, 22 Jan. 1453-4. (See Appendix A. No. 13) 



THE RECORDS OF THE WESTERN MARCHES. 

Published under the auspices of the Dumfriesshire and 
Qalloway 3^tural History and tAntiquarian Society. 



VOLUME I. 



AN INTRODUCTION 

TO THE 

HISTORY OF DUMFRIES. 



BY 

ROBERT EDGAR. 

NOW PUBLISHED FOR THE FIRST TIME. 



EDITED WITH AN INTRODUCTION AND EXTENSIVE ANNOTATIONS 

BY 



R. G. REID. 



1915: 
J. Maxwell & Sons, Dumfries. 

E.M. 



NOTE. 

This volume was in the printer's hands in August, 1914, publication 
the following month being intended. Acting on the best advice at the 
time, the Editor decided to suspend publication at the outbreak of war. 
It is now obvious that no good purpose can be served by withholding 
publication any longer. Dpring the interval no alterations have been 
made to the volume — the type having been dispersed — excepting the 
Pedigree charts. These have been considerably added to, including the 
new chart of Rig of Dumfries. The Cunynghame chart also has been 
completely recast. Mr. Shirley's work on the topography of Dumfries, 
which the Editor had hoped to include as Introduction to this volume, 
was completed a year after these pages were in print, and has appeared 
as a most valuable contribution to the D. and G.N.H. and A. Society's 
Transactions, 1914-15. The Editor regrets that by some most un- 
fortunate oversight, the t)pe was dispersed before all the proofs had 
received final revision, thus necessitating the distressingl\- long list of 
errata that follows. — March, igi6. 



On 



page ii, 


line 6, after to read Mr. 


On page 157, 


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Firth. 




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PREFACE. 

In printing Edgar's text, as few liberties as possible have been 
taken with it. The wholesale use of capital letters in the Glenriddell 
MS. has been severely repressed, and the punctuation much extended. 
In one or two cases sentences have been broken up. Such few words 
or dates that have been added will be found in square brackets. At 
least one passage is so defiantly obscure that it is printed as it 
stands. Only what are obviously copyist's errors have been corrected, 
the text otherwise being printed with all its peculiarities of style and 
spelling. 

In the production of the volume, there has been some divergence 
from the proposals embodied in the prospectus. Subscribers were 
there offered a volume of about 250 pages on Drury Rag Paper. 
The bulk of the volume has been materially increased, and includes 
numerous pedigree charts, which were not contemplated originally, 
and which have greatly added to the cost. The expense of Drury 
Rag paper was thus not justified, and a cheaper paper of good 
quality has had to be substituted. Likewise, the size of the volume 
has been cut down from a foolscap quarto, in order that it may 
conform to the new series of the D. & G. N. H. and A. Society's 
Transactions. 

The delay in going to Press has been caused by the whole work 
of editing falling on one person. It is much to be regretted that 
Mr. Shirley has not been able to find time to collaborate in the 
editing of this volume, owing to pressure of work and the harrassing 
nature of his secretarial duties. He has, however, looked over most 
of the notes, and made numerous suggestions and additions. The 
pedigree charts of the Corsanes and the McBrairs were originally 
drafted by him. With regard to these charts, no finality is claimed 
for them; they are inserted to encourage others to complete the work 
here begun. 

It was intended, as an act of filial duty, to include the MS. 
notes of the late John J. Reid, on the Corsanes of Dumfries. Though 



ii. PREFACE. 

the limitations of space preclude their insertion here, it is hoped that 
they will appear elsewhere, elaborated and brought up-to-date. 

The thanks of the Editor are due to many kind friends for 
help and encouragement, without which this volume would never 
have appeared— especially to. Sir James Balfour Paul for revising 
all the genealogical matter; t(f George Neilson, LL.D., for correcting 
several of the notes, and providing the material for others; to Mr. 
Francis Grant, W.S., of the Lyon Office, for information on genea- 
logical obscurities; to the Rev. James Wilson, of Dalston, for a 
transcript from the Lancercost Register; to Mr. William Farrer, of 
Hall Garth, Carnforth, for placing at the editor's disposal all his 
notes on the early Setons in Yorkshire; to the Earl of Mansfield for 
giving the editor access to the Cockpule Papers at Scone Palace; to 
Viscount Chilston for similar permission ; to the Town Clerk of Dum- 
fries for permission to transcribe several documents ; and to the Rev. 
W. Mitchell Carruthers for the loan of several documents from the 
Holmain's charter chest. But, above all, to Mr. Robert Gladstone 
(Junior) has the Editor to express his indebtedness, not only for the 
note on the Gledstanis family, and numerous other notes, but also for 
the care, accuracy of details, and relentless research, which he has 
shown in his revision of the Introduction and the greater part of 
this volume. 

With regard to the future of the " Records of the Western 
Marches," it is proposed to issue presently a prospectus for the second 
volume. With this end in view, a Calendar of the charter chest of 
an old Dumfriesshire family (1390 — 1660) has been prepared, and 
there has been found a learned editor who is already at work on 
the Introduction. 



Cleughbrae, Dumfriesshire, 
April, igi4. 



LIST OF ABBREVIATIONS. 

A.B. = Annandale Book. 

A.D.C. = Acts of the Lords of Council. 

A.LA. = Act of the Lords Auditors. 

A.P.C. = Annandale Peerage Case. 

Bk. Carl. = Book of Caerlaverock. 

D.P. = Drumlanrig Papers (Hist. MSS. Com. xvth Report, App. 
Pt. viii.). 

Ex. R. = Exchequer Rolls. 

Liv. = Livingstone's MS. Calendar of Charters at the Register 
House. 

L.H.T. = Lord High Treasurer's Accounts. 

M.I. = Eraser's Maxwell Inventory. 

P.L. = Calendar of Papal Letters. 

P.P. = Calendar of Papal Petitions. 

R.I. = Robertson's Index. 

R.M.S. = Registrum Magni Sigilli. 

R.P. = Raehills Papers (Hist. MSS. Com. xvth Report, App. 
Pt. ix.). 

R.S.S. = Registrum Secreti Sigilli. 

R.T. = Roman Transcripts at the Record Office. 

S.A.P. = Scots Acts of Parliament. 

T.C.M. = Town Council Minute Books. 



INTRODUCTION. 



Robert Edgar, the author of this fragment on the history of 
Dumfries, was the eldest son of John Edgar, deacon of the Square- 
men, who died in March, 1684. John Edgar* was a wheelwright 
residing at Lincluden College. On ig June, 1665, he and William 
Edgar, wrights, were summoned by the Town Council "to make 
themselves burgesses," they, evidently, having begun to " use mer- 
chandise." Accordingly, on the 26th, both were admitted burgesses, 
William paying the smaller fee of 5 merks, because he was married 
" to the dochter of Thomas McBrair, lait baillie," and consequently 
a burgess' son-in-law. John Edgar became a man of some position 
and responsibility. From September 1674-168 1 he was Deacon of 
the Incorporation of Wrights. By his wife, Rosina Lindsay, who 
survived him, John Edgar had several other children, of whom 
Joseph, William (bapt. 22 Aug., 1676), Mary, and Margaret (bapt. 
21 March, 1673) are mentioned in his testament. Another daughter, 
Agnes (bapt. 22 Jan., 1675) probably died young. John Edgar's 
testament was dated 29 Jan., 1682, and in it his eldest son Robert 
is named as his only heir. Born circa 1669, Robert Edgar was bred 
to the law, becoming a writer. He must have soon occupied a good 
position in his profession, for on 4 Dec, 1701, on the resignation of 
William Makjore of Inglestoun, he was appointed clerk to the Incor- 
porated Trades, an office which he held for the long period of 45 
years. He resigned on 15 March, 1746, being succeeded by William 
Edgar, writer, on 6th April (Min. Bk. of Incor. Trades in possession 
of W. Primrose, Esq.). He also acted as Clerk to each of the other 
Trades, of which there is record; to the Wrights (1725-46), Tailors 
(1732-46), Weavers (1701-46), Glovers and Dyers (1702-45), and 
Fleshers (1702-46). Of the other two Trades — Shoemakers and 
Hammermen — records of the period required do not seem to have 
been preserved. 

* Another John Edgar was bailie of the Barony of Lincluden in 1724. (Reg. 
of Sas. 2 March). 



2 THE HISTORY OF DUMFRIES. 

Not till 4 Nov., 1730, was Robert Edgar in f eft in some of 
his father's property — in a ruinous house and tenement in 
the Townhead, bounded by the house of Gilbert Crocket on the east, 
a yard belonging to . . . Gledstanis on the south, and the High 
Street on the north. On the same day, he was infeft in property on 
the North of the Castle, and the East of the New Kirk, to which 
Robert Milligan in Merkland, son and heir of the late Andrew 
Milligan in Lochrutton, resigned all right and interest (Reg. Sas. of 
date). His mother was alive as late as 1737, as appears from the 
Valuation Roll of the Burgh—" Robert Edgar his tenement possest 
by his mother, and the house on the other side of the street, 
;^88 [scots]." He was admitted a burgess on 8 March, 
1703, and he married, prior to 1706, Marion, daughter of Alexander 
Johnstone of Elshieshields, by his first wife Marion, daughter of John 
Grierson of Capenoch. Edgar's wife and her sister Margaret (wife of 
Walter Laing, factor to the Duke of Buccleuch) are mentioned as 
living, in a legal document dated 14 May, 1706 (Barjarg MSS.). 

Robert Edgar had at least four children, Theodore, Marion, 
Margaret, and Henrietta. To Henrietta her brother Theodore was 
served heir on 18 March, 1769 (Burgh Ct. Records). Theodore, 
through his mother, inherited the estate of Elshieshields, dying on 
5 Feb., 1784, aged 68. His widow, Esther Pearson, died in 1792, 
and left a sum of ;£^ioo for the benefit of poor widows in Dumfries. 
This legacy was greatly increased by the will of her last surviving 
trustee, Thomas Goldie of Craigmuie, resulting in the establishment 
of the " Fund of Mrs. Edgar of Elshieshields," for the benefit of 
poor widows in Dumfries and Troqueer (McDiarmid's " Established 
Churches of Dumfries."). He died on 4 July, 1759, " aged almost 
four score and ten years," and was buried near the Elshieshields 
pillar in St. Michael's churchyard. 

Edgar's original manuscript cannot be found, the text here 
printed being taken from the copy made in 1791 for Robert Riddell, 
now in the Glenriddell MSS. It is quite evident that Edgar con- 
templated a far larger and fuller history than this brief introduction. 
In his Foreword to the reader, he proposes to give a full and detailed 
history of the Crafts incorporated in the Burgh. It is to be 

regretted that his intention was never fulfilled. Owing to the 
position he occupied, no one could have been better qualified for the 
work, the value of which at the present day would be inestimable. 



THE HISTORY OF DUMFRIES. 3 

His " Introduction " must, from internal evidence, have been 
written circa 1746 (D. & G. N. H. & A. Soc, 191 1-2, 233), prior to June 
of that year (see note 16). It may, perhaps, be surmised that on 
resigning the clerkship of the Incorporated Trades in March, he at 
once commenced to write his History in his leisured retirement, but 
that something occurred between May and June of that year which 
caused him to stop work on it, and never to take up his pen to 
complete it. His health may well have failed him. The condition 
of the text supports this theory. It has obviously not been corrected. 
Its grammar is at times faulty, whilst its errors and occasional lack 
of punctuation render some passages difficult to understand. Its 
ill-arrangement, its repetitions, its garrulity, its inclusion of unneces- 
sary matter and its undoubted bias all tend to the same conclusion. 

On two subjects this bias seems particularly marked — his per- 
sistent suspicion of every action of the Burgh Magistrates, and his 
unwarranted aspersions against the Town Clerks in their custody of 
the Town's papers. His attitude in both these respects seems 
characteristic of the man. No doubt, early in the i8th century, there 
was a good deal of jobbery, nepotism, personal aggrandisement and 
the like in the Town Council, but these traits cannot be said to be 
extinct even in the highest circles at the present day. Man will ever 
be human. It was the system that was wrong in Edgar's days, 
more than the individual. His attacks on the Town Clerks seem to 
be even more groundless. A lawyer himself, one is reminded of the 
pot and the kettle, when he charges fellow lawyers with extorting 
high fees. There is no evidence to show that any Town Clerk ever 
wilfully destroyed important documents from the Town's charter 
chest. The passage of time, natural decay and accidental loss or 
destruction have created many serious gaps in these records, but proof 
is yet wanting that a Town Clerk was false to his trust. Occasionally 
one hears of missing writs — thus, on 13 March, 1809, a grant of 
the privilege of weighing pork could not be found (T.C.M. of date). 
Whenever writs were taken from the charter chest, there was a formal 
entry of their return in the Minute Books. In 1761 the Town Clerk 
and the ex-Town Clerk were directed to lodge in the Town's Office 
all the Town's writs which they had in their private possession 
(T.C.M. 3 July). Once the key of the chest was lost, whereon the 
chest was officially broken open and the papers transferred to a new 
chest, " in the closet where some of the Town papers are." The new 
chest was sealed up, and the Provost kept the key (T.C.M. 9 April, 



4 THE HISTORY OF DUMFRIES. 

1733). The same year the Council directed that an inventory of 
everything in the charter chest be prepared and placed in the chest, 
and a copy made for the Clerk (T.C.M. 15 Feb. 1733). This pious 
resolution seems to have been disregarded till 1772, when the Council 
appointed a committee to collect and inventar all the Town's titles, 
"they being greatly dispersed and in great confusion" (T.C.M. 21 
Dec.).^ Not till 1785 was anything done, when a committee at last 
produced an inventar (T.C.M. 21 Feb.), compiled by the Town Clerk, 
Archibald Malcolm, who was given five guineas for his trouble 
(T.C.M. 12 Feb., 1786). This inventar was incorporated in the 
Minutes, but only included a few of the more important documents. 
It contains 113 items, whereas nearly 20 sacks full of Town's papers 
were rescued from the fire at the Town Hall in November, 1908. 
In 1790 the Council agreed to purchase a cast metal vault, to be fixed 
into the wall of the Council Room and to keep the papers therein 
(T.C.M. 18 Jan.). Care, too, was taken in selecting a suitable reposi- 
tory. In 1 7 14 a committee recommended that the Town Clerk's 
Office be moved to the northmost laigh chambers of the Mealmercat, 
because of the dampness of the existing office whereby the papers 
and records might be spoiled (T.C.M. 21 Dec.)^ 

On the whole, the evidence shows that the Town Clerks exer- 
cised all the care that could be expected at that period, of the records 
within their charge, and that all they can be accused of was 
dilatoriness." 

II. 

Edgar was not the first author who contributed to the history 
of the Burgh. At the end of the 17th century Dr. George 

1. A similar committee had been appointed for this purpose in 1737, but 
nothing was done (T.C.M. 29 Aug.), and again in 1775 *°<1 '7^3 (T.C.M. 9 Oct. 
1775 and 24 Nov. 1783). 

2. Occasionally writs turned up in unexpected places. In 1769 Provost 
Maxwell found 15 important writs relating to the Town Mills and Friarlands circa 
1591, amongst the papers of the late Alexander Goldie, writer, in Edinburgh 
(T.C.M. 16 Jan.) And in 1838 the Provost reported that he had heard in Edinburgh 
that a Burgh charter had been brought by a stranger to the Four Courts of Dublin 
to be translated, and had never been called for (T.C.M. 17 July). 

3. As an illustration, the Town Clerk was instructed in 1715 to prepare cin 
Index to all the Acts of Council (T.C.M. i May). This was not taken in hand for 
over half a century. In 1773 John Mackenzie, clerk in the Town Clerk's Office, 
was promised an honorarium if he completed to date an abridgement of the Acts 
and an alphabetical list of burgesses, which he had compiled down to 1758 (T.C.M. 
25 Jan. 1773). 



THE HISTORY OF DUMFRIES. 5 

Archibald, at the request of Sibbald, compiled some notes on the 
antiquities and curiosities of the town and district. They have 
been published in D. & G. N. H. & A. Soc, 1900-2, p. 51. Unfor- 
tunately, he tells us little about the Burgh, most of his notes relating 
to the surrounding country. Edgar does not seem to have known 
of this MS. His Introduction was based on first hand knowledge, 
his unidentified authority — " mine author " — and some acquaintance 
with Camden and Coke. 

The next historian of Dumfries was Dr. Burnside, minister of 
the New Kirk. His MS. now belongs to the D. & G. N. H. & A. 
Society. It was compiled for Sinclair's Statistical Account, in which 
only a portion of it appears. In this most painstaking and careful 
account, written in 1790, Burnside makes free use of Edgar's MS., 
expressing his indebtedness thereto. His estimate of Edgar was a 
very fair one — " although he seems to have been little pleased with 
the managers of the Burgh at any period, he appears to have been 
a man of considerable attention and enquiry." Burnside attempted 
no connected history, contenting himself with answering Sinclair's 
questions fully and carefully, giving wherever possible his authority 
for facts outside his personal knowledge. 

The first formal History of Dumfries to be published was 
William Bennett's " History of Dumfries," which appeared in the 
Dumfries Monthly Magazine for June, 1826, and in the following 
numbers. It was the first and most scholarly effort that had been 
made to write a connected history. Based mainly on Ridpath and 
on Chalmers, it contains numerous references to authoritative sources 
and does not deserve the oblivion into which it has fallen. This 
is doubtless accounted for by the fact that it came out in parts, and 
was not carried beyond the commencement of the i6th century, 
owing to the early demise of the Magazine. It has also been 
entirely supplanted by the successful " History of Dumfries," first 
published by William McDowall in 1867. McDowall seems to have 
taken Bennett as his model, being indebted to that author for his 
scheme of arrangement, and the bulk of the material of his early 
chapters. He even incorporated some of Bennett's references, with- 
out checking them, thus perpetuating some grievous blunders. It 
is, therefore, all the more remarkable that McDowall does not allude 
to, or express his obligations to, Bennett's work. In spite of this 
plagiarism, and the mistakes to which all authors are liable, 
McDowall's work is of permanent value. Conceived in a scientific 



6 THE HISTORY OF DUMFRIES. 

spirit, and carried out laboriously in the brief leisure of a busy man 
of letters, its verbosity, its failure to use material that lay at hand 
and its manifold inaccuracies make it easy to criticise. But though 
McDowall chose too large a canvas for his subject, and covered it 
too thick with paint, his History will always remain the standard 
work on the Burgh and the District. 

Some MS. collections relating to the district deserve a mention. 
At the close of the i8th century, two lawyers collected a quantity 
of material relating to the county. John Syme, W.S.,^ had a large 
local practice acting inter altos for Kenmure, whose charter chest he 
inventoried. On 25th June, 1782, he presented a folio MS. volume 
to the Edinburgh Society of Antiquaries, containing a large collec- 
tion of writs, classified and arraged, with an index and introduction, 
together with a plan for the arrangement of all county records (Reg. 
of Donations, 303). This volume is now missing. In Dec., 1788, 
Syme apparently had it, for he offered it to General Hutton for his 
perusal (Hutton MSS. I. 44). Another contemporary collection 
was made by Commissary Goldie. Burnside certainly had access 
to it. It probably included numerous original documents, for Goldie 
was known to have had a transcript of the Holm Cultram Register, 
and his official position would give him access to plenty of material. 
Till recently the collection was at Craigmuie, but having been 
temporarily stored in the washhouse during structural alterations, it 
was accidentally destroyed there by fire. 

A somewhat similar fate befell another important collection 
made by Mr. W. F. H. Hunter Arundell, of Barjarg — being 
destroyed in revenge by a butler who had been dismissed for mis- 
conduct. It is alleged that many original documents which had 
been borrowed for transcription were thus lost. The few note books 
that survive clearly prove that Mr Hunter Arundell had had access 
to numerous private charter chests. An adverse fate pursues such 
collections. Dr. Clapperton, M.D., of Lochmaben, and father of the 
African explorer, made a large genealogical collection circa 1825, 
relating to county families. The Barjarg MSS. contain several notes 
from the Clapperton MSS., there being at Barjarg a letter from 

4. John Syme was admitted a writer on 21 Jan. 1750, after apprenticeship 
with Thomas Goldie. He was the only son of Alexander Syme, writer, Edinburgh. 
He married secondly in March, 1748, Mary, daughter of James Ravenscroft, of 
New Park. He was writer to the Privy Seal in 1752, and owned Barncailzie. He 
died on 6 June 1790. 



THE HISTORY OF DUMFRIES. 7 

Clapperton acknowledging the return of his MSS. As far as can 
be judged from extracts in the Riddell MSS. at the Advocates' 
Library, the Clapperton MSS. appear to have been compiled from 
hearsay rather than from documentary evidence. The collection 
cannot be traced. Finally, there is the Aitken MSS. belonging to 
the D. & G. N. H. & A. Society. It is to be regretted that the late 
Mr. John Carlyle Aitken did not carry out his lifelong researches 
on any adequate system, or leave his papers in order. What have 
survived him are most fragmentary, chaotic, and incomplete. Such 
as they are, they show that his researches covered a multiplicity of 
subjects, and ranged over an immense area of material. His gene- 
rosity in placing his notes and MSS. at the disposal of students and 
genealogical enquirers is probably the cause of their present 
condition. 

No authentic picture or drawing of Dumfries in early days has 
survived. In January, 1846, there was sold at the Cally House sale 
a picture in oils, 29I x 1 3^ inches, which was catalogued as " A View 
of Dumfries in 1593, from a drawing taken during the Embassy of 
Sir Ralph Sadler in Scotland, during the reign of James VI." The 
picture, if it ever comes to light, must always be suspect, as Sadler 
was in Edinburgh in 1543, and died in 1587. The drawing is not 
amongst the Sadler Papers at the British Museum. 



III. 

In the early development of every community the two emblems 
of civilisation are the church and the castle. It is, therefore, natural 
to find both these edifices mentioned in one of the earliest charters 
that relate to Dumfries. Between 1175 and 1189, William the Lion 
granted to the church of Glasgow, and to Bishop Jocelin, a toft of 
land lying between the old castle and the cemetery of the church of 
Dumfries (Reg. de Glas. No. 42). This was by no means the only 
land in Dumfries owned by monastic establishments. The Hospital 
of St. Peter at York held land in the Burgh granted by pious 
benefactors (See App. A, No. 1-3). Holm Cultram Abbey was even 
more fortunate in the number of grants it obtained (ibid. 4-8). 
Lanercost, too, benefited by the piety of the Grindergret family 
(ibid. 9). The Knights Hospitallers of St. John of Jerusalem owned 
land adjoining the north side of the cemetery of St. Michael's (Reg. 
de Calchou, 266). Other tofts must have been acquired by them 



lo THE HISTORY OF DUMFRIES. 

the Newwark in 1662, by means of an impost of 4/- scots on each 
sack of meal sold there by freeman or stranger (S.A.P. vii., 389). 
A fleshmercat lay on the north-east of the Newwark. The fish 
market was situated at the Fish Cross at the end of Lochmabengate, 
close to its junction with the Bakraw (Queensberry Street). From 
thence the Fish Cross was removed in 1693 to the top of St. Michael's 
Street. On 9 Oct., 1738, we hear of it being repaired, and on 27 
July, 1788, it was ordered to be removed, "being a great nuisance," 
and set up on the Cross Brae below the Midsteeple (T.C.M. of 
dates). All these markets were in 1598 in a " decayit state owing to 
the contagious infectioun of the pest whereby the inhabitants hardlie 
handillit for want of necesser sustentatioun " (R.P.C., v. 505), and 
business in them must have been seriously affected in September, 
1625, when the Fair was prohibited for fear of introducing the 
plague from England (R.P.C. i., 2nd ser. 134). 

At no time was the Burgh a walled town like Berwick or Carlisle. 
References do occur to the " walls " of Dumfries ; thus " the lands 
of Dumfries walls " are mentioned in an Act of Parliament in 1669 
(A.P.C. 469). But there is no evidence to show that there was 
aught but a ditch or fosse, surmounted by a dyke, encircling the 
town from the North Port by the Moat, round the Cristel Chapel to 
the Lochmabengait, and thence round the dyke of St. Michael's 
Church to the Nether Port. Thus, on 15 Jan., 1575, it was ordained 
" that all dykes and fowceis about the Burgh be mendit and castin 
fra the North Port to the Nether Port at the sowthe part of the St. 
Michael's kirkdyke" (Aitken MSS.). Nor does there even seem to 
have been a wood palisade surmounting the earthen dyke, as in the 
case of Peebles. What was the object of the Warder's Dyke— a 
great ditch and mound running from the Nith to Lochermoss, where 
watch and ward were constantly kept (Pennant's Tour, 1772)— it is 
difficult to say. 

Little light can be thrown on the question as to when Dumfries 
first became a chartered Royal Burgh. It may be argued that the 
existence of a Royal Castle in the Burgh in the 12th 
century denotes that Dumfries was then a Royal and fully 
chartered Burgh. Though there is no other very valid reason 
for supposing so, yet there may have been charters granted 
to the Burgh before 1395, when Robert III. granted to the Provost, 
Bailies and Community of Dumfries for a feu ferme of ;^20, the 



THE HISTORY OF DUMFRIES. ii 

Burgh with its liberties, small customs, tolls, etc., the right of holding 
courts, and the profits therefrom (cum curiarum exitibus), the fish- 
ings, save such as belonged to the Friars, and " all such privileges 
without and within the Burgh whatsover, which the burgesses and 
community have had and possessed in our time and the times of our 
ancestors, the Kings of Scotland " (R.M.S. new vol., App. i. 163). 
These privileges could not have been more than the customary 
burghal organisation. But they show that Dumfries, long before 
1395, was a fully constituted Burgh. Still, all that this grant proves 
is that certain burghal rights enjoyed in previous reigns were in 1395 
safeguarded, confirmed, and established by charter.' There is some 
reason to suppose that had there been previous charters, they would 
have been alluded to in the 1395 grant. A comparison with the 
Ayr charters confirms this opinion. When in 1223 that Burgh 
obtained by charter a weekly market, the original grant of William 
the Lion (1202-7) is specifically mentioned therein. In the charter 
of Robert the Bruce to that Burgh (1324-5) the grant of 1202-7 is 
referred to. In Robert III.'s grant to Ayr (1400), which is couched 
in almost identical wording as that to Dumfries, mention is made 
of the " charters of our predecessouris " (Ayr Charters, p. i et seq.). 

But though possibly unchartered, Dumfries, prior to 1395, must 
have acquired a constitution such as Ayr. The earliest mention of a 
Provost is in 1 288, when Adam de Boulton and David Arplyn figure 
as " prepositi" (Stevenson, i. 51). The record refers to the payment 
of the fee due to Sir David de Torthorwald, a supporter of Eng- 
land, and the names have an English ring. Indeed, John de Boulton 
was mayor of Carlisle in 1254 (Cumberland Pipe Rolls, xxv.). These 
" prepositi," therefore, may well have been English appointees and 

7. Though Robertson's Index gives the 1395 charter ^s a. " new infeftment," 
this cannot imply previous charters. Infeftment is not the word which would be 
applied to Burgh charters in the strict sense. Infeftment really applies to the 
superiority of the town, the town being considered as a piece of property and 
source of profit. The grant of 1395 is, in effect, an infeftment, as the town becomes 
its own landlord and superior for ever, subject to a regular fixed feu ferme. The 
town henceforward takes all the profits of the town which hitherto the superior of 
the town took, unless they were farmed out, which was frequently the case. The 
grant of 1395, therefore, affects directly the feudal tenure of the town, as a brand 
new tenure in feu ferme has been created, and so is properly an infeftment. An 
ordinary Burgh charter which merely affects the internal constitution of the Burgh 
and its officers would never be called an infeftment, as the tenure of the Burgh 
would not necessarily be affected at all. 



A HISTORY OF DUMFRIES. 



This Account^ of Dumfries was wrote by 

R[obert] Edgar, a Burger of that Burgh. 

He was Father to the late Theodore Edgar 

of Esbieshiels, near Lochmaben.* I had 

it copied from the original MS. in 

R[obert] Edgar's own handwriting, which 

in 1790 was in the possession of John 

Clark, senr., Writer (and late Provost) of 

Dumfries. nr n dp -I 

R[obert] R[iddell]. 

1791. 

[AN] INTRODUCTION 

to the History of the Town of Dumfries — in which the Origin, 
Situation, Length, Convenience, Royalizing, Buildings, 
Demolitions, Advances of Trade are considered from the 
earliest accounts. 

2do. The government, administrations, & execution 
thereof, crafts, increase, industry, & manufacture are shown, 
with seasonable remarks & advices on the whole. 

By a lover of Truth, and of the Wellfare of the Burgh. 

Invitus [ea] tanquam vulnera attingo, sed nisi tacta 
tractataque sanari non possunt, — Liv.' 



i8 AN INTRODUCTION TO 

children yearly christened for seven years, births, [and] 
burials ; the name of the Church ; when it was first dedicate, 
whether a Rectory, Parsonage, Vicarage, Curacy; [the] 
Patron, amount of the stipend, how and by whom paid, 
whether a Manse or Glebe, the amount of the Glebe, Sepulchre 
Monuments, Epitaphs, Tombs. 

2. [The] Burgh's names, Villages, Houses of Nobility & 
Gentry, Antiquity, etymon of names, rivers, loughs ; [whether] 
they stand Royal or Baronie ; Titles or names of Magistrates, 
number of the Town Council, Public Buildings, Churches, 
Chapels, Meeting-Houses, to whom the latter belongs; Col- 
leges, Public Libraries, when and by whom founded, &c., 
Company of Trades & Manufactors, Free & Charity Schools, 
Hospitals & Almshouses, Fairs & Mercats, & the days 
thereof. 

3. Scotish, Pictish, Romish, Danish antiquities, build- 
ings, roads, camps, castles, forts, walls, ditches, ramparts, lines, 
cairns, artificial mounds of earth, coins, monuments, pictorial 
sepulchral inscriptions. 

4. Names of places — ^Where were pagan temples, 
whether walls, erect stones, places or names of fights, battles ; 
face of the country, mountainous or plain ; Nature of soils — 
the produce of what victual, if improveable by agriculture, the 
provision the Inhabitants live on, their Jewel. 

5. Names of Rivers, Lochs, dimensions thereof. Fishings 
in them, Bridges, their Arches — Harbours, Sea-roads, and 
remarkable courses of Tides, Cataracts or Linns of Water, 
Mountains, their Height, Mineral Waters, their Virtues — 
Natural Caves, Woods, Forrests, Minerals, Fowls, Insects, 
Reptiles, &c. 

The 6th Article awanting. 

And having sent them in print to the several Magistrates 
of Burrows, and Synods & presbyteries of the Kirk of Scot- 
land desiring them to transmit their answers and accounts to 
him at Edinburgh. But the Gentleman was disappointed; 



THE HISTORY OF DUMFRIES. 19 

because the Magistrates and Ministers being mostly young 
persons & not experienced in the Pictish, British, Irish or 
Saxon languages, his proposals were not answered as he ex- 
pected. 

AND THERE BEING some desires to write an 
account of the Rise of the Corporations of the Crafts of Dum- 
fries from the earliest beginnings; the same required an 
incidental account of the Burgh and increase thereof before 
and since the erection into a Royaltie, so far as can be traced, 
leaving to others, who from the original writes in their Charter 
Chest may discover an more ample account; [this] moved 
the undertakers to pry so far as possible into matters 
and facts for furnishing materials for the History of 
the Burgh of Dumfries, taking this for an Intro- 
duction thereunto. Tho' it is supposed that sundry 
of the ,Avrites that pertained unto the Burgh, by the 
fraud or negligence of some of the Administrators are 
embezled; yea credibly asserted, since the year 1702 were 
iniquitously destroyed in revenge by some of the then prime 
Administrators. 

And it were to be wished that the Administrators had in- 
ventored the Town's charters & writes in the Registrie at 
Edinburgh as other Burghs have done, to be patent to the 
Heretors on occasion to ascertain the existence and Inventor 
thereof which would be curious and satisfactory, if not en- 
couraging to the increase of the Burgh, as the History of 
Glasgow, Aberdeen, and some other Burghs have been written 
and published, and might be for the comfort and renown of the 
present Administrators or their successors in office or heritage. 



AN INTRODUCTION TO 



CHAP. M. 

OF THE NAME OR NAMES GIVEN DUMFRIES. 



DUMFREES or DRUMFREIS, called in Latin 
DUNFREIA hath its etymon from Dun — a rising ground or 
hill, & Freash — scrogie bushes growing on it, as Dunkelden — 
a rising ground with hazel bushes first upon it.^ The name 
Dunfreash being both in the Irish, Highland, Scotch & British 
or Welsh, by signification or interpretation the same. In some 
old books or dictionaries it is named Chorda or Corda Selgo- 
varum, which implys the innermost or middle part. And Mr. 
Robert Ainsworth in his Lexicon 1736, hath it Dumfreia, 
Demofresa, Conda Selgovarum — a tribe of the Colonie of 
either Picts, Irish, Scots, or British who came into these parts 
for habitation, on the brinks of a pleasant, wholesome and 
fresh River Nith or Nid, supposed to be a corruption of the 
British from Nitidus, most clear and fine. And even in the 
time of Caesar's invasion of Britain in the reign of Casibelan, 
these were the tribes of the Belgae, Cantii, Durotriges, Dum- 
nonii, Iceni, Silures & Selgovae, whereby Corn[elius] Tacitus 
& Ptolemy suppose the Selgovae situate on the west coast of 
South Britain between Solway Firth and Clyde, and Dun- 
briton firth, and the towns belonging to them Trimontium & 
Oxellum ; which cannot now be understood, unless it be 
Dunfreis for Trimontium which might be then a small Villa, 
on or among three eminent hills, or rising grounds, or that 
Kirkland Moat, Corbery Hill or other rising ground nigh the 
same is meant; but more likely Criffell, Queensberry and 
Burnswork, tho' there might be considered also the Old Kirk 
ground and street, the street about the Cross, and the Old 



THE HISTORY OF DUMFRIES. 21 

School-househill called Chapel hill, the highest ground yet of 
all ; and Oxellum cannot be guessed unless Ccirlisle or Annan. 
And these being in the latin tongue, their signification without 
knowing or adverting to their British names cannot be known ; 
because the History of England gives an account that the 
Britains stragled and went thro' all Britain especially this 
South part, settleing themselves before the Picts or Irish Scots 
or Scutes come out of Ireland, some say three hundred and 
odd years, which appears probable by the names of the places 
on the East side of the river Nith, as might be instanced, 
vizt, — Boytath being Boisteta, Woodhead, vide Buchannan, 
Baker, Speed, Stow, Camden &c. 

It is most probable it was at first only a little village 
situate on the said River without a Bridge on the south west. 
Whoever was the persons and whatever the motive of situating 
the beginnings of Habitation or Society in this place, was 
certainly by divine Providence determining them to fix their 
abode so conveniently and corresponding to the ends of living 
and subsistance in a Society; and surely this situation hath 
been so intended by the conveniency of the River, on the one 
hand west towards Galloway, and a large Moss on the north 
east called Lochermoss, between which and the town are con- 
venient fields and Burrow Aikers, none of the worst soils to 
cultivate for producing Corns for sustenance of the Inhabi- 
tants. And as learning was much kept from mankind about 
and after that time in the days of Popish ignorance and decep- 
tion by the cunning of Romish policy and fraud, so the Monks 
and Friars had no doubt the direction of the buildings, 
labouring (no doubt) to imitate Old Rome, the Mother of 
Direction, by building and augmenting the buildings on seven 
colins or riseing grounds (tho' now within these forty years 
visible to the remembrance of some old persons, levelled and 
brot down), viz. The Townhead Hill, or Moat-hill on the 
North, the Chapel hill, or old School-Hill, The North-east 
Barnraws Hill, the Crosshill and houses on the West thereof, 
the Fish Cross hill, the Southward gate hill, the Kirkgate or 



22 AN INTRODUCTION TO 

Old Kirk Hill. And the streets being well paved are free of 
standing water, the falling rains running suddenly off to the 
river. 

The Situation of this Burgh is one of the most delectable 
in the nation ; with all commodious and healthful walks down 
the east side of the river Nith, on the east side, from over the 
Colledge of Linclouden to the conterminous grounds of 
Netherwood. The walks within the territory of the Town 
are, — the Mout or Moat* on a precipice of the water of Nith 
on the north of the Town, on a rising ground conterminous 
with the street called the Townhead, artifically raised on that 
high ground, about sixteen feet high, on which three men may 
walk at a time, about fifty feet in length, the water having 
within these sixty years cut off the bank under the precipice 
about twelve feet of ground in breadth, there being a passage of 
twelve foot broad reserved thro' the Old Heretor's waste 
grounds, where there is a Liggate & Stairs to go up for a road 
walk; and from thence downward (on the precipice and brink 
of the river) a walk to the greensands which is a deluvion from 
the grounds on the west side of the river in Troquier, about two 
aikers of ground. 

It may be observed, if the Sovereign or Burghs Admini- 
strators would build for the defence of the Town upon the 
rising ground next adjoining this Moat, a Castle or Fort rais- 
ing it so high as the half of the Edinburgh buildings on the 
Rock called the Castle, this building in a second or third floor 
would not only command the Town southward (the houses 
of the Town being generally two or three stories high) but 
defend three avenues, vizt. North-Townhead, Lochmabengate 
and the Bridge from Galloway. And it may be remembered 
how much the Inhabitants and their Auxiliaries in Octr, & 
Novr, 1715 & 1745 stood in need of such defences. But 
the Administrators are wiser to encourage private buildings, 
while they furnish timber, deals, iron, lead, glass & lime for 
[the] same. 



THE HISTORY OF DUMFRIES. 23 

The antiquity of Dumfries cannot be at first accounted 
for when a Village or when People at first gathered to it for 
inhabitation, because neither the Town's Charters nor Records 
spared and saved from embezlment can give any clear in- 
formation thereof, but must be guessed at by collateral 
Histories, viz. 72. 73 Chapters Quoniam Attach, which was 
29th year of King David between the years 11 24 and 11 53, 
[when] a Scotch Parliament was holden at Dumfries with 
regard to the breaking the King's peace by the people of 
Galloway, and their mulcts and fines of Cows and Horses 
to the King.* Also with reference to the Eminence of 
Dumfries Mr, Edward Cock on English Law mentions two 
Acts of Parliament, one in the 28th year of Edward the first, 
King of England, at Dumfries 23rd. Octr, and the other the 
30th. thereof, in Anno 1300, who that day granted a truce to 
the Scotch nation, at the suit of Philip King of France and 
granted them Letters of Notification to Patrick de Dunbar 
Earl of March, under his Privy Seal.^" It is supposed it 
was a Villa sometime before Anno 1000. 

The streets of the Town are, from the Townhead under 
this Moathill in three turns southward, the main street 
beginning at the Frier's Vennelhead down to the Cross and 
Midsteeple, and thence turning a little southward to the 
Southward port or gate, thence a little more south-west to the 
Milnburn bridge, and then south-eastward to St. Michael's 
Work, the Old Kirk, lately rebuilt with the highest spire in 
a direct line with the other two spires. The back streets are 
the Flesh Mercat on the north-east, covered with the houses 
of the Mid-row from near the Townhead to the Coffee House ; 
on each side of these streets are Lanes or Closses at the 
distance of 30 or 40 feet from one to another, leading down 
to the inhabitants' houses, yeards, and barns. All these, like 
the teeth of a comb, have an issue, viz., these on the west side 
towards the water have an issue to the West Barnraws from 
the Vennel Port, to the Rigs Chapel," now a Tannerie, 
called Irish Gate, where there are several new buildings with 



24 AN INTRODUCTION TO 

pleasant gardens. These on the north side, an issue to the 
north. These on the east side, an issue to the East Barn- 
raws; leading from the Lochmabengate Port, backward to 
the Old MiUhole Mill. 

The other Walks, or refreshing turns, are from the 
foresaid Moat down by the river side & Greensands nigh 
which were the Brick-Kilns; then downward in a line [to] 
the Whitesands, capacious of the Mercats of horses and black 
cattle, above and below the Bridge of the Town. The length 
of the town from Townhead Port to Catsrand is about a mile 
long of continued street, with 3 turns from Townhead Port to 
the New Kirk, as the main street thro' the Town."' 

There is downwards from the Sands below the 
Bridge in a line by the riverside, a new Causeway 
made by the Administrators to restrain the river off 
the east side under their gardens, which is now com- 
pleating so as the walk to the Dock by the River- 
side is most pleasant in fair weather. This Dock 
consists of several aikers of ground by diluvion, off the banks 
of Troqueer east, on the east side, under the yeards of the 
Inhabitants of the Kirkgate within these 150 years. Some 
old people who had seen the River of Nith run under these 
yeards, and observed the increase of this Dock about 50 years 
ago, related this matter, which is confirmed by the Heretors 
Rights, bounding their yeards with the River on the west, 
which is now so far restrained by the rubbish of the builders, 
that these Heretors have got their yeards or gardens drawn 
out to twelve or fifteen feet more in length. To this Dock 
come up Barks and Light Vessels and are livered, and several 
pretty big vessels have been built, and launched there. From 
this Dock there was a way by the Riverside, under the stone 
quarry to the Cummin's holm, commonly called Kingholm," 
which was an excellent pasture for the Inhabitants' cattle, 
besides several aikers of arable ground inclosed and set in 
Tack to the Administrators' friends or Counsellors, and 
thereby the Inhabitants are deprived of keeping cows, horses 



THE HISTORY OF DUMFRIES. 25 

or goats, without consent of Heretors or community. This 
Holm is of far greater extent than the Dock, and this Dock 
was also generally a common pasture till within these 44 or 
46 years. 

The Administrators set out the Dock with four aikers 
purchased from Robt. McBrair of Netherwood living at the 
Castledikes," and the pasture of the upper or greensands, 
towards augmenting the Revenue. This Cummin-holm ter- 
minates on the south with some of Netherwood's grounds at 
the Mill of it. Down this River from the march at Nunholm 
all along to the said quarries and below these, there are 
Salmon-fishings with net and cable^* belonging to several 
Heretors who, no doubt, of old purchased the same easily 
from the town, viz. Cunningham's, Middlebie's, Craik's, 
Irving's & Netherwood's (this last over against the quarries 
and Kingholm), the Town's property of which it ought to be 
enquired how they came by them." But much more that 
they know not nor enquire how Netherwood's lands and 
Castledykes came from the Town, being the Burgh's property 
given by King Robert Bruce after he had slain and forfeited 
John Cumine called Red Cumine in the Franciscan Priory 
of Dumfries, where now there is a Bowling Green: The said 
Netherwood being yet a feu of the Town of Dumfries, which 
is the Superior thereof. But whether feu or blanch duty, 
or any demand of payment, or compositions for entries & 
giving Charters, which might augment the Revenue and free 
the poor Brewers and Craftsmen of their impositions &c., is 
a mystery to the Administrators & Heretors, except some of 
their Clerks who understand the same and probably are 
gratified by the Proprietors, — seeing there have been two new 
Vassals entered since the death of Alexr. McBrair who should 
each have paid a year's rent for his entry, which is probably 
in the Treasurer's Accounts within these twenty years past. 

Within about two miles southward from the Town is the 
old haven called Kelton-thorn which hath been a long time 
apply'd unto, tho' not so commodious as some shores more 



26 AN INTRODUCTION TO 

south eastward pertaining to the Lord Nithsdale, which the 
Merchants or Administrators are acquiring to receive vessels of 
a greater burden." And about four or five miles lower on 
the Exit or Issue of the same River Nith on the south & 
Gallowayside, in Arbiglands property, is the haven named 
the Carse, where the Merchants have purchased storehouses. 
And this is most commodious either for Free or Embezling 
trade, seeing in twenty-four hours there is run from Mona or 
the Isle of Man, of tobacco, wines, spirits, silks, &c., from 
France and Spain, lodged and sold there and brought to most 
parts of the south of Scotland, to the great export of our 
specie, and taking away of our grain and victual, and introduc- 
ing of luxury among our people." This Isle now is said to be 
the property of the Duke of Athole, and it is pity that the 
Sovereign and Government were not better informed of the 
detriment which the trade from this place occasions to die 
Revenue and peace of Britain, upon many views, more 
especially to receive the principal Rebels in Annis 17 15 & 
1745, who getting boats from Popish friends on the coasts of 
Galloway are suddenly wafted over to the Isle of Man & so 
to France &c. 

This Island of old belonged to Scotland and afterwards 
on some convents became the property of the Kings of 
England ; and they gave it in Lease or gifts to the Lords of 
Derby, of the name of Stanely. This Right was quarreled 
by the Officers of State in Queen EHzabeth's reign, according 
to a Manuscript by one who was acquainted with some ancient 
Histories and hath collected several occurences relating to that 
Island which I shall here give the Reader as follows, — 

[Here follows what is apparently a draft Bill or Petition 
to Parliament (possibly drawn up by a Town Clerk of 
Dumfries), asking for the annexation of the Isle of Man to 
the British Crown and for the punishment of Manx smugglers. 
It begins with a long summary of the history of the title to 
the island, copied almost verbatim from Sir Edward Coke's 
Fourth Institute (cap. 69), and from William Camden's History 



THE HISTORY OF DUMFRIES. 27 

of Elizabeth (3rd ed. 1675, pp. 491-2), but with many material 
omissions and inaccuracies. Since the history in question has 
been thoroughly dealt with in A. W. Moore's excellent History 
of the Isle of Man (2 vols., London, 1900), based upon the 
publications of the Manx Society, it seems unnecessary to print 
this portion of Edgar's MS., especially as a very large series 
of corrections would have to be supplied in footnotes. The 
smuggling carried on from the Isle of Man caused very serious 
losses not only to the revenue, but also to Scottish and English 
traders, as is shown in an interesting article entitled " Reasons 
for annexing the Isle of Man to the Crown of Great Britain," 
which appeared in the Scots Magazine for May, 1751 (also in 
the Gentleman's Magazine of the same date). The project of 
annexing the island had been before Parliament ever since 
1725 (Stat. 12 George I. cap. 28, § 25-6), but the annexation 
was not effected until 17 May 1765, when the sovereignty of 
the island was purchased from the Duke and Duchess of Atholl 
for ;£^70,ooo, under Stat. 5 George III. cap 26. After the 
historical recital, the Petition proceeds as follows — ] 

" But in all this, unless the Earl [of Derby] had a grant 
under the Great Seal," or an Act of Parliament" by a special 
name for establishing the property in himself and heirs, his 
Right is said to be null and void and may be resumed by the 
Crown. But supposing the Right and Title to subsist, as 
Queen Elizabeth and her wise Council perceived clearly that 
the English fugitives and Spaniards after the disappointment 
of the Spanish Armada took up a refuge in this Island, so 
it is most sure that the King of Britain may by his wise ex- 
perienced Council, now after two General Insults & Insur- 
rections, with Invasions of French in Britain 17 15 & 1745, 
may be as well informed, that not only the enemies of the 
Government who were fugitives from the said Rebellions and 
the punishments of the law, have settled on the said Island. 
[But that] English, Irish and especially Scotch, who drive a 
trade with France, not only poisoning the country with 
sophisticate wines and brandy and in East India silks and 
other French goods, as tea, coffee and chocolate to exhaust 



28 AN INTRODUCTION TO 

the specie to the French our enemies, [do] deprive the Mer- 
chants in England and Scotland of the Towns about the coast, 
especially of their Free Trade, for which they pay to the 
Sovereign and Corporations in which they reside to receive 
& transport our victual on these Continents, to France, to 
famish the poor and raise the price of victual yearly, but 
likewise to defraud the Revenue hitherto with respect to 
debentures and run wines and all other goods, Indian and 
Ffrench product and manufactures, and while the Towns 
about, Wigton, Whithorn, Kirkcudbright, Dumfries, Annan, 
Whitehaven, Cockermouth, and Carlisle, do buy and receive 
the same from the country smugglers, who are become very 
numerous, audacious and violent, wounding and deforcing the 
Waiters & Excise Officers." 

" THEREFORE BE IT RESOLVED, that unless 
the Duke of Athole derives an indisputable right in virtue of 
the heirs female or male of the Earl of Derby to the Isle of 
Man confirmed by Act of Parliament of England,*^ his title 
thereunto may be repute by subreption or obreption, ane 
imposition and wrong possession, to the exhaeridation of the 
Sovereign of Great Britain ; That the King's Most Excellent 
Majesty with the consent of Parliament, may righteously 
resume the Property, Authority and Goverment of the Isle of 
Man which hath been occasion hitherto of the inexpressible 
loss and detriment of the Revenue, the encouragement of 
French and Popish disquietments and Rebellions, & depriva- 
tion of the victual of the counties of Galloway, Nithsdale and 
Annandale & exhausting the Specie to our enemies and the 
eluding the Duties hitherto by the sudden running of French 
wines, brandy, tea, coffee and other goods on the Continents 
of Britain & Ireland ; And may it be further enacted that all 
persons, correspondents & factors with and for the Inhabitants 
of that Island & with their factors & correspondents & 
separatim, who also join and are partners with them, shall be 
liable in ;^500, and all persons, discoverers thereof to 



THE HISTORY OF DUMFRIES. 29 

Provost, Bailies, Justices of the Peace, Sheriffs, Commissarys, 
[or] Stewards, shall receive a reward of Ten Pounds for dis- 
covery, and these Judges shall be liable in case of not due 
execution of their Office, in hac parte, in a fine of ;i^5o 
Sterling payable to the use of the poor in the several parishes 
where the smugglers dwell ; And also that such smugglers 
being convicted shall forfeit boats and liquors &c, and be 
liable to banishment in terms of former Acts of Parliament, 
to which this makes no derogation ; And that no Suite, Action, 
nor process of Law shall be sustained by any Judge in the 
name of or in trust for any Merchant in the said Isle of Man, 
or his factor, unless the plaintiff make affidavit, that such Suits 
are not in trust for them, or that goods sued for are not goods 
counterband brought from the said Island." 

There were within these forty years past two Milns within 
the Burgh, one called the Old Milnhole Miln** whose 
acqueduct is from the Town's property, an little lake called 
Newdam and Mildamhead, and was an easy and swift going 
Miln for grinding Malt, but miserably rendered useless as to 
that, & said now to be a snuff Miln, by reason of the partiality 
and iniquity of the Administrators who having in their Council 
a set of men proposing their private gain on the spoil of the 
Public Revenue, who had a tack of this Milndam-head which 
was the cistern of the other, and fed the said Old Milnhole, 
ditched it of eight or nine aikers and converted it to a Meadow, 
where in lieu of seven or eight pounds of tack duty for their 
ditching and enclosing this ground, they reap hay & grass 
yearly to the value of £2)^ or £/^o. This occasioned the 
Administrators to expend since the year 1705 for building 
two Milns in the Town's ground on the Galloway side in 
Traquier Parish about ;^ioo Sterling, besides great expenses 
in keeping up Dam Dykes thro' the middle of the river Nith 
yearly, the alveus of which belong to the Town, as having 
ground on both sides : On the south side of which is a Quarrie 
of free stone & a Kiln for drying corn & malt. The Quarrie 



30 AN INTRODUCTION TO 

is in disuse, because the Administrators inclined to feu off 
the ground, being some two or three aikers, to some Heretors 
of the Council, without an Act of Boroughs or the consent of 
the Heretors of the Burgh ; The Revenue of which Mills is 
yearly about one hundred & twenty pounds Str. 

From this view there is a return to the Inhabitants their 
property in Locharmoss for diging peats and turfs, from the 
Stoupe where the horse Courses or Hippodroms begin on the 
west, about a mile from the town, to Locher-Course (a water 
on the east and north east), which is a spacious ground of 
some hundreds of aikers marching with the Mosses & Grounds 
of Craigs on the south east, upon which there are several 
Bridges of timber & stone. And it is most strongly 
presumed that the sea or an arm of it came up it from Cock- 
pool, now called Comlongan, to the Old Place of Tinwald, 
being about six miles in length and three in breadth, from 
Solway Firth which is a sea that thrusts forth northward from 
the Isle of Man, between St. Beigh's head in Cumberland, 
and the east coast of Galloway and by Colvend and Arbigland 
to the foot of the Water of Orr which runs out in this Firth, 
as doth Eden, Esk, Annan, Servent, and many other rivolets 
on both sides from Scodand & England. 

To found the presumption of the sea coming up of old 
into this Firth, which retiring again in the divine Providence, 
it is most certain, saith My Author,** that there was found 
within these sixty years past in the Moss within a bowshot of 
the Stoupe where the Horse Course began old brouges or 
shoes of leather of a greater size and form than to the measure 
of any man's foot, laced in the middle,**— and oars of a boat 
nigh eighteen feet deep which my Author says he has seen 
and handled. Tho' it is supposed there is not any vestige 
in History, unless the Black Book of Paisley could discover 
it ; and after the retiring of the sea, by the Muscuous Mucor 
and grass growing on it, [it] became a wood or place of trees, 
as oak and fir of great thickness and length have been digged 



THE HISTORY OF DUMFRIES. 31 

out of these mosses, which hath been beneficial to the Heretors 
and Inhabitants both for fewel and other uses. 

There is a wynd or street called Lochmabengate, from 
the Fishcross northward, which leads in two ways to the 
Moss & Bridge thro' it and to the Edinburgh Road and to 
Annandale, this is a pretty long street, having seven or eight 
closses, northwards towards the East Barnraws, and over 
against the entrance of this Barnraws there are eleven wynds 
or closses to the east leading to the Inhabitants yeards and 
barns under them. This street hath a port at the issue and 
was of old the way by which the people of Lochmaben came 
into this town and therefore so denominate. In this street 
there are several good buildings, and on the north beyond 
several houses & barns — ^without the Port — stands the ruins of 
the Old Chappel called Chrystal ChappeP^ on a high ground 
under which by an old tradition one of the family of Seaton 
of Winton was buried ; and this Chapel and ground about, and 
also the Franciscan Kirk with yeard & lands about it, by Act 
of Annexation at the Reformation from Popery in Anno 1587, 
was adjudged as all within Royal Burghs and their territories 
to the Burgh of Dumfries, tho' the weak Administrators dis- 
posed thereof at pleasure. 

As to the supposition of the first Inhabitants of Dumfries, 
they were certainly a collection of persons from the adjacent 
counties and particularly craftsmen, viz., Smiths, Wrights, 
Weavers, Taylors, Shoemakers, Fleshers &c., to whom were 
gathered in these times country people for work or con- 
veniency of living. But these being generally poor and 
unable to build houses, it is asserted by Tradition that in 
process of time by some Acts of Parliament or Council, the 
neighbouring Heretors were obliged to build houses for their 
conveniency in Burghs, especially after the time of Robert 
Bruce in Anno 1305. And so it is that many of the Nobility 
and Gentry in the country about built houses and gardens, 
as the Lord Nithsdale, the Lord Torthorwald Carlyle, the 



32 AN INTRODUCTION TO 

Lord Dumfries who had the heretable Sheriffship in his person 
and sold it to the Lord Drumlanrig predecessor to the Duke 
of Queensberry whose house was within the Romes close, 
and [was] by tradition before the year 1620 a place of the street 
where stood a broad dub*' or gutter; an Thorn tree & a Smith's 
forge, till Geo. Rome and George Sharp built these two great 
tenements ; & also Conheath, Sir Willm. Herries of Terregles, 
Laggs, Craigs, Gladstanes or Hairstanes, McBraire of 
Netherwood, Sir Robert Maxwell of Spots, supposed the 
predecessor of Orcharton, Munnal or Maxwell of Tinwall, 
Killwhanady, Achanskeoch, Lindsay of Barcloy, Corsans of 
Barrdarroch, Cunningham a cadet of the family of Glencairn 
in that parish, Maxwell of Gribton, Maxwell of the family 
Kirkconnell called Kelton," Stewart a cadet of Shambly, 
Maxwells of Middlebie & Palmersland, Romes of Kirkpatrick 
Irongray, Irvings from Red Kirk, George Sharp Hoddam's 
predecessor, Murray of Broklerig" and many odiers in case 
the Registers of the Town were to be perused and legible. 

The Lord Torthorwald being a neighbourly friend to the 
Town, when they had buih the old Tolbooth, lately re-edified 
into a Council house & Clerks Chamber, did about the year 
1443 gift the town a little clear sharp sounding bell which 
serves to warn the Inhabitants to Courts and to the Kirk on 
the Lord's day ; the era on this bell is said to be about 144,3 
and from that time to 1708, that the Midsteeple was built, 
there was no other bell either to warn to Kirk or Court, save 
the Old Kirk Bell, supposed to belong to the Old Monastery 
or Abbey of Sweetheart or Newabbey." 

It is to be remembered that the Proprietors of Craigs, 
lately Hairstanes, which was purchased with the Lands of 
Kellwood in the parish of Dumfreash from Lord Annandale 
(Murray) by ... . Gladstanes, son to the pretended Bishop 
of St. Andrews, who had only a daughter, married to one 
Matthew Hairstanes Wardrober to King James VI. in his way 
thro' Dumfries to England Anno 161 7.'" And one of that 



THE HISTORY OF DUMFRIES. 33 

family gifted a Brazil Staff with a silver head to the Provost of 
Dumfries which each Provost receives at his admission with 
the inscription of the donor. And that family possessed 
Craigs ever since till the year 1741 or 1742 that the Duke 
of Queensberry purchased it, which brings to remembrance the 
saying that the house of Hassock should be Proprietors or 
Superiors from Cossincon to Carlaverock, Craigs marching 
with Carlaverock. 

There is a long Vennel or street with closses at the back 
of it on both sides, called the Frier's Vennel from the Minor 
Friars (which belonged to the Cathedral called [the] Dominican 
or Franciscan Convent) who dwelt in this Vennel, which Con- 
vent is said to be built about the beginning of the twelfth cen- 
tury; within these 25 or 30 years the outer gate with old letters 
JESUS MARIA was standing, and the Administrators having 
(the Kirk being demolished) feued out parcels of ground for 
building to the Inhabitants, the said gate or place is rebuilt a 
second time. It is uncertain who built this Convent, unless 
it may be supposed to be done by imposition of the Popish 
clergy or Heretors in the country about being the contributors, 
or else this large beautiful Kirk situate at the north-west of 
the Town (the place where it stood is now a bowling green on 
the west side of the New Kirk) named the Franciscan Priorie 
of Dumfries. This Convent or Monastery of Gray Friars'' 
is said to be founded by Devorgilla, daughter to Allan Lord 
of Galloway, mother of John Baliol, King of Scotland (some- 
time after the year 1200, vide Forbes). In this Church 
Robert the Bruce, Earl of Carrick, killed Red John Gumming 
before the High Altar Anno 1305. And James Lindsay, with 
Rodger Kirkpatrick, killed Sir Robert Gumming in the 
sacristy, who were all excommunicate by Pope John 22 at 
Avignon, 28th. June, the second year of his Pontificate. John 
Duns Scotus, surnamed the Subtile Doctor, was here clothed 
with the habit of St. Francis, and died at Gologn the 8th 
November, 1308, in the 34th year of his age." 



34 AN INTRODUCTION TO 

Of which Franciscan Church Dr. Arthur Johnston gives 
this encomiasticon in his Epigrams on the Royal Burghs of 
Scotland." 



After the Pope's excommunication of Bruce, &c., for the 
slaughter of the Cummings, this Church fell into contempt, 
tho' the Provost and Chapter did frequent and use it till the 
beginning of the 1 5th century ; and there are charters given by 
ye Provost and Chapter to houses in the neighbourhood in 
1497, which have been legible, says mine Author. The defile- 
ment and pollution of the Kirk by that murder, stirred up the 
poor Administrators of the town, to enlarge on an Chapel in 
the east part of the Town (to which the country parish were 
said to resort) called St. Michael's Work, that pretended Saint 
being the tutelary saint of Dumfries in popish times ; " And 
the Administrators & revenue being poor & low, built a Kirk 
on the Chapel dedicated to St. Michael, the building which 
having commenced the beginning of the 15th century, the 
Administrators enacted in their Books, that each person seeking 
to be a Burges[s] or Freeman of the Town should pay five 
merks scots to St. Michael's Work and the spice and the wine 
to Robin Hood & Little John,'^ which were funds for Plays on 
Saint's day near a century following, at least till dawning of 
the Reformation from popery in Scotland ; And by the 61 Act 
of Queen Mary's Parliament Anno 1555 these plays & offer- 
ings to Robin Hood & Little John were discharged. And 
long afterwards about the year 1640 when Presbytrie was 
restored, the Town built the northwest wing which covered 
the Taylor's loft and great west entry, which continued till 
the year 1740, when this Church commonly called the Old 
Kirk, was taken down and rebuilt in a compleat manner with 
a high, small spire or steeple, but of this afterwards. 

And to return to the old Franciscan Church, which stood 
(as was said before) on the place where there is now a Bowling 



THE HISTORY OF DUMFRIES. 35 

Green, which was formerly a part of the Garden belonging to 
the great house or Castle built by John Earl of Nithsdale 
& Elizabeth Douglas his Lady, Anno 1572.'' The way and 
manner of this building is asserted to be thus. — ^When about 
the year 1540, when the Franciscan Convent became dis- 
haunted, the Earl living at Terregles about two miles from 
Dumfries and having some houses on the east side of this 
Convent, and having his sons & relations in the Town and of 
the Council, might easily prevail on that weak and pusilani- 
mous Corporation to comply with his demands to grant him 
any right they could pretend to the old Kirk & stones, timber, 
iron, sclate & lead of the decaying Convent and yeards & 
lands about it ; and upon petitioning the Parliament or Privy 
Council of S[cotland] in the minority of James the 6th, to 
demolish the Old Convent & erect this great house with many 
office houses, and enclose with a stone dyke as much ground, 
as yet appears in a Garden, which was formerly a Kirkyeard or 
Burying Place, as decorment of the Town and to be a prison 
for the Border thieves, Peter Muffet &c., this Lord being 
Warden of the Borders. In which tenement were four large 
vaults with small wickers of light, and the whole windows of 
this Castle were barred strongly with iron, being of 3 large 
stories with Turnpike & Bartisan covered with lead, which 
building was compleated in Anno 1572. 

This Lord Nithsdale took into possession also all 
the office houses, & about 3 or 4 aikers of land, 
at the back of the gardens, and granted bond to the 
Town of Dumfries for three thousand pounds for the 
ground, stones, timber, iron, lead & glass of the Convent & 
lands, which bond was in the Town's Charter Chest in 1704 
or 1705 as asserted (says mine Author who heard the matter) 
by the Provost to some of the Council, and that the Bond was 
good, and that prescription did not by law exempt against a 
Royal Burrow for the negligence of its Administrators. 
Nevertheless it is strongly presumed this bond with another 
(by R[obert] M[acbrair] of Netherwood of 500 merks) was 



36 AN INTRODUCTION TO 

taken out and given up either to William Earl of Nithsdale, 
or John McDowall of Logan who purchased the Castle & 
Gardens & Lands from him in Anno 17 15 before the Rebellion 
for one hundred & forty guineas ; and on search such Bonds 
could not be found in the Charter Chest of Dumfries." 
Hence the Corporation hath incurred great loss, and thence 
may be construed and infer'd the wisdom of the Administrators 
in not demanding the Town's debts, not inventoring the 
Charter Chest, and not choicing faithful Administrators & 
Clerks. 

Before this Convent was entirely dishaunted, there was an 
Act in the Town Council Books of Dumfries mentioning that 
the Administrators had been advertised (probably by the 
Brethern) that Cardinal Bellamont was in his way thro' France 
towards Britain to visit the Ordinarys ; Whereupon it was 
enacted that the fabric should be reparelled in glass, timber, 
roof &c. 

Now this Lord Nithsdale having thus possessed himself 
of the Old Franciscan Convent, gardens, land, office houses and 
several buildings and yards northward towards the Townhead, 
and this new fabric which he had built called the Castle & 
several office-houses around it on the west, north & east, and 
having sometimes with his family dwelt and resided there, 
it fell out that in the Wars between King Charles the First 
and his Parliament about the year 1638, while one Commis- 
sary Ross of the family of Auchenlossan & Roseisle, called 
of Drumgarland, dwelt in Dumfries,'' he had lent the Earl of 
Nithsdale (probably the son and heir of the foresaid John 
Lord Maxwell) some sums of money towards the Earl's 
equipments & service of the King and his party, for security 
of which he gave him wadset or impignora[tio]n of this Castle, 
house, gardens & lands at the back thereof; and in Oliver 
Cromwell's time Commissary Ross took possession of all, 
which probably disgusted the family. This Commissary was 
said to be Collector of the Supplie or Landtax under 



THE HISTORY OF DUMFRIES. 37 

Cromwell, and had a command of Town and country about. 
But when King Charles the 2nd was restored, it is said the 
Commissary absconded, and the Earl, his debtor, triumphing 
in his overthrow, being of the contrary party, came to 
Dumfries with his relations, vassals & . . . . and expelled 
the Commissary and his servants and goods, and demolished 
a garden he had made of the north part of the land, rooted 
out the trees he had planted, and threw them over the 
precipice towards the river, the vestige of which is apparent 
to this day vizi, cherry trees and others growing on that 
precipice. But the land came afterwards to be enjoyed by 
the heir of Auchenlossan who sold it to James Ross" a Dyer 
in Dumfries, from whom Middlebie made a purchase of it, 
with his whole tenements in 1697. 

This Castle for near thirty years viz. from 1660 to 1687 
was not possessed by the foresaid Lord nor his family. The 
soldiers who came to Town in the course of the persecution 
took possession of it for a Garrison and the vaults for stables 
of their horses ; And when no horses were in them, then they 
were filled with honest, godly men persecuted for not taking 
the Test and not hearing Curates &c, and these prisoners 
were most straitly shut up in these Vaults without right 
breathing and benefit of natural liberties, so fierce and cruel 
was popish rage and tyrany ; only the laigh office houses on 
the northwest side of the Closs, with the gardens were set to 
tenants. 

But in 1686 and 1687, while William Earl of 
Nithsdale was minor under the tutelage of his Mother Lady 
Lucy Douglas, being the only popish family & seminary of 
note in the South, & low in their estate, and encouraged 
strongly to depend on the then schemes of the Government 
which King James the 2nd was advised unto; And having 
Kirkconnel the King's Receiver General, and John Maxwell of 
Barncleugh, relations to the family, to be the King's Provost 
of Dumfries, bigot Papists, was advised, as reported, to ad- 



38 AN INTRODUCTION TO 

dress and to petition the Privy Council for a sum of money to 
reparrell the Old Castle in stone walls, windows, floors &c., 
which sum it is accounted they got to the amount of above 
;^iooo sterling, and put the house in an excellent condition 
for the reception of the family. And the uppermost storie 
was appropriate for a Chapel or place of their worship & Mass 
was therein performed. And this building & triumph having 
come to a compleat reparation in December 1688 after King 
James had gone away for France, the people of Dumfries and 
the Country about arose and burnt the Pope in effigie, and 
took away the Popish books out of the Popish houses in 
Galloway, with their Priests vestments in crimson [and] velvet, 
and trinkets, and also carried Idols of wood out of this 
Castle or Palace, and burnt all at the Cross of Dumfries on 
Yule-day 1688. And the Magistrates having absconded, the 
principal Heretors and old magistrates advised the family to 
remove, & all papists from the Town, by tack of drum to 
prevent further trouble & damage, which they did accordingly. 

And in May following famous Mr. G[eorge] C[ampbell] 
Minister who had been coUegue with Mr. Hugh Henderson 
his father-in-law in the Kirk here, some years before the 1660, 
& Collegue with Mr. Francis Irving late Minister of Kirk- 
mahoe,*" in a Meeting House in East Barnraws, by the 
indulgence or hberty of conscience granted by King James out 
of the good design to the Protestant religion yet embraced 
by them and others to an happy consequence, was upon the 
first Sabbath of May 1689 repossessed by WilHam Marquis 
of Annandale in the said Kirk to the universal joy of the 
Inhabitants. Mr. Campbell continued here until August 
1 69 1 when at the importunity of the town of Edinburgh he 
was transported to be Professor of Divinity and one of the 
Ministers of the Old Kirk of Edinburgh. It is said with 
much credibility, that he was sorry some iniquous quarrels 
among the chief traders of the Town about that time dis- 
heartened his abode, which with the Town of Edinburgh's 



THE HISTORY OF DUMFRIES. 39 

importunity prevailed with him; yet when in Edinburgh he 
expressed his regret that things were so incident to his remove ; 
but still expressed his remembrance of Dumfries and loving 
good wishes to all the inhabitants & Corporation, & country 
in general, but especially gave his good wishes and advice as 
a legacy to the Burgh, thus, vizi. That having the idea of the 
Burgh and situation in all the parts about it, of the county 
adjacent, & ports & havens, & more especially of the old 
Castle, gardens & lands beforement, he advised that Dumfries 
might be a happy place, a place of trade and industry; That 
tho' in a soil not very fertile, yet in a sweet wholesome air, the 
Administrators might purchase or recover the Castle Garden 
& lands contiguous, & build an Colledge with some Professors 
of Philosophy &c ; and [he] doubted not but it would be 
frequented by disciples from the northwest of England and 
north of Ireland & country about, to the great increase and 
wealth of Town & country, and wished as this was possible 
it be effectuate in the following age. This being related to 
a certain Provost of this Town within these thirty years past 
from 1720, who had never seen Mr. Campbell, and this 
Provost being a pragmatick man who wished the public good, 
and a method being proposed to him to fall about and 
effectuate this invention, said with sincerity that if the 
Administrators of Dumfries would employ him, he would 
endeavour strenuously not only to procure the patent by help 
of the Scottish Secretary, the Duke of Roxburgh, but [would] 
apply to some monied men born in the shire of Dumfries who 
lived in the West of England, men who had great wealth and 
no isue, traders who would have left to this good work two or 
three thousand pounds for the honour of their names in the 
Erection, as the Queensberry or Douglass Colledge, or any 
other names who might be donors for that honour, for a sum 
not below two or three thousand pounds, besides intimation 
to be continued in all New Gazetts and prints for some years, 
inviting all persons in Britain, Ireland & in Holland, France 
and the Plantations who were born in Dumfries or in the 



40 AN INTRODUCTION TO 

shire or who had regard to the Town, who might give, mortifie, 
endow or bequeath any sums for promoting this good intention 
and contrivance. But as the Administrators had no taste for 
learning, and having too Httle of a public spirit, and having 
then in hand the New Kirk-Building, the overture was no 
further entertained. 

Nevertheless if this method was seriously persued, 
a Fund within twenty years might be got for pur- 
chasing the said partt of ground, and procuring a patent from 
the Sovereign & vassals for erecting such a CoUedge. This 
would not be denied to the Burgh of Dumfries for these 
causes, ist — their loyalty & affection to the Government in the 
Rebellion 17 15, who called in the country to their assistance 
and armed themselves & stood in defence and restrained the 
Rebels in the south, from entering the Town for the space 
of near three months vizt. Septr, Octr, & to the 20th of 
Novemr. 17 15. to their great expenses and loss of trade and 
time. Whereas if it had not been so, the contrivance was 
laid for the South Rebels to take up the town and fortifie it, 
till Mar and the Northern Rebels had come, which would (in 
all probability) [have] lost all Scotland to King George, and 
have been the cause of much blood & confusion. 2ndly — That 
in the year 1745 the Inhabitants of Dumfries were by the 
Rebels in three days subjected to plunder, by vile, ruffian, 
barbarous Highlanders, and were forced to give hostages for 
two thousand pounds and upwards, and these lay heavy on 
the poor inhabitants, but heavier since by the Administrators 
obtaining an Act of the British Parliament in Anno 1717 for 
a 19 years two-penny Excise, and a second Act of a new two- 
penny Excise for 19 years more, with Tonnage on merchandize 
imported by sea. The managery of this imposition of excise 
is said confidently to be by a Magistrate or late P[rovost] or 
Baily, with an Assessor to attend the parliament on the town's 
expenses, and by a petition & suborning two Knights of ye 
Port, to give a false evidence of a necessity & mandate for the 



THE HISTORY OF DUMFRIES. 41 

Excise petitioned for the Burgh, on specious pretences, scan- 
dalous contra their oath, de fideU. But in order to raise a 
Fund for this erection upon another view, the Administrators, 
as Leader of the Five Burroughs who choice their Commis- 
sioners to the Parhament, might have had for the pubHc good, 
yea, may yet have, if personal & private self prevent not, 
because a living man outruns dead Saint Michael, such com- 
positions from candidates as may every seventh year add to a 
Fund for this design, as many Towns in South Britain have 
done ; but private self & a treat of wine & good victuals have 
a satiating virtue to forget the public good, so it will rest till 
another and more public spirit are among a new generation of 
Inhabitants. 

But how could such a project of a CoUedge be managed, 
seeing there is so little of a public spirit left in Dumfries ? It 
may be answered as above — that a new generation of 
Inhabitants of a more public spirit will probably arise in Divine 
Providence, and take the matter into a more serious con- 
sideration, and the influence & example of some may prevail 
on others to go about ways and means to erect this CoUedge 
in which it is proposed, That as several Colledges have been 
erected, and particularly the Harworrd CoUedge of New Eng- 
land,*^ by giving intimation in all Gazettes or News prints, 
that any person or persons of what degree soever mortifying 
and endowing to the designed Fabrick, a sum not under two 
thousand five hundred pounds sterling, shall have the per- 
petual honour of the erection in his name, as the Queensberry 
or Douglass CoUedge of Dumfries, seeing that honorable 
person's father was Provost of this Town, and he himself, a 
great benefactor of the Corporation in his generous nature, is 
more apparently able and modestly attach'd to preclude any 
others ; and the Patent and this Fund being obtained, let the 
intimations continue till more endowments or mortifications 
be advanced, and still put to use, till a fund be got to satisfy 
the purchasing, building, and sustaining a Provost & Professor, 



42 AN INTRODUCTION TO 

as the Presbyters or Synod of Dumfries should advise ; This 
in the event, if men would look to it with Bon Esperance, may 
be as easy & surprisingly lucky as Baily Paterson's, John 
Raining's, or other mortifications for schools, or the poor, hath 
been before this time, tho' there were little expectations of 
some of them. 



THE HISTORY OF DUMFRIES. 43 



[CHAP. 2nd.l 

THE PUBLIC BUILDINGS belonging to the town 
at present are the Old Tolbooth,** which is the first floor above 
the shops, and these above vaults or cellars, [and] had thref 
partitions, the innermost where all the Courts sat for deciding 
pleas, & the Town Council. This turning old and ruinous, 
being supposed to be among the first public buildings of the 
town about or before the 1440, was taken down before the 
Rebellion 17 15, and rebuilt in better method vizt. — An outer 
large Council house, where the common Council meet; and 
there are some rooms above divided for cautionary prisoners, 
and a writing Chamber to the Writing Master, tho' all the 
Town Clerks & Writing Masters heretofore, especially Writing 
Masters who had no sallaries, were obliged to pay for their 
own Writing Offices. As to these Town Clerks, & the 
advances of fewel, paper, &c., to such Clerks by the Adminis- 
trators within these fifty years, towards still diminution of the 
Public Revenue and sinking the same in debt, let them with 
a good conscience look to that. 

The next Town house was the Prison or Pledge house, 
situate at a little distance north of the old repaired one, and 
was built at the King's command, and the Town's expenses, 
as appeared by an inscrption on the fore wall, in 1583 or 
1585.** This had two floors, the first arched above the shops, 
named Thieves Hole, and a dark hole with an iron gate called 
the Pit. The 2nd floor being also arched was divided by a 
timber partition, into which Debtors were incarcerated. But 
in the year 1740 or 1741 a BaiHff of the Town in the throng 
of the Mercat gave orders to the Coaler & Burrow Officers, 



44 AN INTRODUCTION TO 

who brought to him a Gypsie wife taken in the act of stealing, 
to secure and imprison her to tryal, which being done and the 
person put up in the Ijigh Prison, which was an error in the 
Bailey & Gaoler (tho' for dispatch of Common Justice she 
ought to have been judged furthwith & scourged & banished 
the Burgh). But that night the miserable wretch by a candle 
fixed to the partition occasioned the burning herself and the 
whole fabrick above the floor, which hath been since repaired ; 
and the roof under the timber & sclate is arched with brick, 
so that it is visibly in a better case and capacity than before. 
The question then is, who should repair the damage Bona 
Fortuna, the Town's purse for a Salary. But these two edifices 
have cost the Town more money than was expected, except the 
building the shops by the Heretors up to the joists of the first 
floor of the old Tolbooth or Council House, being four ; And 
this is supposed to be an error in the Administrators in homo- 
logating their Right to shops & vaults, which had been given 
of old by wadsetts to some persons for trifling sums or con- 
siderations, and the Town thereby injured in the top of the 
property of shops under Prisons, Tolbooths & Cross. 

As to the Cross,** it was before 1690 or 1691 an house 
about thirty feet in length having to the front three shops, the 
floors a foot or two sunk under the Street, and above the 
middle shop, an arch of stone. And then on the back part, 
a shop which entered in upon this stone floor; and the roof 
to the extent of eight or ten feet above this back shop had 
appended on both sides spars of timber and [was] sclated to 
nigh four feet of the Casaway or Street. There were three 
sons of [Alexander] McGown, Minister of Mousewald, in the 
Old Presbyterian time before 1660, whose Father or them- 
selves, for some trifle of money or small consideration, being 
probably in the Council, bought or wadsett the four shops ; 
Their names were Thomas, Alexander, & Mr. John ; Thomas 
had the south shop, Alexander the north, & Mr. John the mid 
shop & the back shop above the arch. Thomas being tutor 
or guardian for Margaret the daughter of Alexander, and doer 



THE HISTORY OF DUMFRIES. 45 

for Mr. John, and himself being a worldly man, thought if he 
built up the Cross on both sides there would be two new shops 
on the back part thereof. To that end [he] petitioned the 
Administrators that he might build up the Cross in a square 
building, and cover the wings with lead above the north & 
south high shops, provided the Town would grant him two 
feet of ground on each side to extend the buildings, which he 
obtained and performed. But for several years, his lead 
covered roof did not repell damage by rain or snow, and thus 
these persons rights, whatever they were, are homologate & 
confirmed. 

And this was further evident at the time of contriving, 
projecting, & devising the building a Court House, 
Weigh-house, & Prison, and a steeple or spire above all, by 
King William's donation. The Council and Committee on 
that affair proposed the Cross for the situation, with enlarge- 
ment north & south, and to cavil those rights to the shops, or 
purchase them: But the proprietor of two of them, being the 
Provost, he strenuously opposed the overture, to the loss and 
spoiling of the Street and diminution of the fund ; such was 
and is the sordid and coward disposition of the Governors, who 
are willing to let all ly as they find except the tipenny revenue 
with which they desire conversation to their perpetual honour. 

The occasion of this Building was. King William of 
glorious memory & temporary Soter of Great Britain and 
Ireland at the Revolution 1688 was pleased from the motive 
of the low estate of the Burroughs of Scotland to gift them 
five years of the Customs of the Burrows preceding i6g8. The 
Administrators of Dumfries had little notion of this excellent 
donation, probably not inclining to trouble themselves about 
it, till an eminent Heretor, who liked to partake of the obscure 
benefit arising to this Town (kept them from an insight 
thereof), first understood from the Tacksmen of the Revenue 
of the Customs, what the Town of Dumfries's share would 
amount to (which was supposed to be about 40,000 Merks 
Scot, or ^2,320 pounds or thereby), [and] then pacted with 



46 AN INTRODUCTION TO 

him to get a transference thereof from the Administrators in 
his favors ; on immediate prosecution of this, he 2dly appl/d 
to some of the Council, who were more incautious & indifferent 
of the subjects acclaimable, [and] made a connection with 
them to yield to his proposals ; whereupon he made the pro- 
posal by a petition, to which most of the members yielded to, 
the transference for ^420, or thereby, and the Provost and 
this eminent Heretor signed the Act of Council warranting the 
transference to be expede. 

But this sudden transaction being thought on by 
some of the more honest and conscientious members, 
[they] took advice, and made indagation of this hidden 
affair, who found it to be of great value, and advised 
the Administrators to suspend and reduce the transference for 
the sum agreed on. This being accordingly done, the same 
Heretor and bargainer joining with some of the Tacksmen 
concussed and threatened the poor, pusilanimous Adminis- 
trators, that by a plea before the Lords of Session they would 
stave them off for many years, and [that] (expenses con- 
sidered) [they] should not reap what was agreed for. Where- 
upon the Town's lawyers, who probably had a finger in the 
pye, advised them to a submission, the produce of which was 
25,000 merks as the Burgh's share of the Customs gifted by 
Brave King William. And yet the ungrateful Burghs forget 
the general deliverance by the Revolution, and his favor by 
this gift ; Yea, the Administrators of Dumfries in monstrous 
ingratitude, neglected or were intimidated to solemnize his 
birthday (being the 4th of Novr, & the day of his happy 
arrival at Torbay) in Dumfries for thirteen years, — if it be 
otherwise the Treasurer's Accounts will instruct it. But this 
Heretor or bargainer, having so much mettle to hector or con- 
cuss the Administrators, yea to cast a tincture of Jacobitism 
upon them (and the Town bantered them to keep Queen Ann's 
birthday on the 5th of February, as the only Hneal and in- 
defeasible heir), and on King George's Accession, when the 
Administrators had called the Inhabitants with their best 



THE HISTORY OF DUMFRIES. 47 

habilements and arms to celebrate his Accession, ist Aug. 
1 7 14, he did quarrel and carp at the same as unwarrantable; 
but he lived not to see another Accession of King George. 

This fund of 25,000 merks was miserably applied to 
building the Townhouse & Mid Steeple upon the High Street 
above mentioned. 

This matter and the resentment of intercepting the evident 
Lucre by the Town's share of the Customs compon'd as above 
(and this loss and others was occasioned by a packt club or 
juncto of friends & relations into a Council, not taking the 
concurrence and advice of the Heretors & Burgesses, their 
constituent body and presumed electors), wrought such a leaven 
& ferment on the foresaid Bargainer, that he contrived to 
expose the Town to as great loss and expenses as he could, 
vis. He being an great Heretor in Town and Territory in- 
fluenced Craigs, Netherwood, Provost Rome the Adjudger, 
and in possession of Netherwood, the Heretors of Dargavels, 
Laird of Tinwald, the Heretors of Bruntscarth, Auchencreith, 
Carnsalloch, Middlebie, & Milnhead, to join in a process before 
the Lords at Edinburgh to evict the Old Kirk called St. 
Michael's Work from the Town of Dumfries, that these 
Heretors might divide the Kirk among them specially, the 
ten high lofts for them and their tenants, and all the laigh 
parts and area for the Magistrates and Inhabitants. And this 
was pretended because the Heretors of the County Parish 
of Dumfries paid, as they said, the Stipend, which was alto- 
gether false and wrong ; for it is known that the Burgh Aikers 
when rouped pay betwixt 1,000 & 2,000 merks, communibus 
annis, besides Viccarage and Money Stipend, and the Town 
gives manse and glebe to the Ministers, and were the builders 
& supporters of the Kirk and the wings which Craigs, Nether- 
wood and others built — ^which being advanced before the Lord 
Ordinary, or innerhouse, and which was instantly proven by 
many very old acts of Council produced, the Champion and 
Heretors let the Process of Declarator fall. 



48 AN INTRODUCTION TO 

His leaven not yet being suppressed, he contrived another 
stroke against the poor mechanicks, for the sake of their 
president or Conveener J. J., against whom personally had he 
levelled it, it had been more meet and merited upon a resent- 
ment against him to vote him off the Council in 1701 or 1702, 
when he, this eminent Heretor, aspired to be Prefect of the 
Town. The progress of this persecution was really scan- 
dalous, but had an artful connection with some eminent 
families which took resentment on the scuffle aftermentioned. 
of which this J. J. was the author, which the Proprietor saw 
would take a great deal of the odium off him, and throw it on 
these innocent persons, whose vindication he instigated to serve 
his own purposes. This J. J., being truly a pragmatick and 
restless blude, thought he could do anything in his elevation 
& effrontery, [and] had the forwardness to attack a Bailiff in 
execution of his office to ensure a prest recruit to the Queen's 
Army in Flanders in 1706, 1707. While the Bailiff & Officer 
were at the prison doors for securing this recruit, this Con- 
veener rescued the prisoner & maltreated the Bailiff and Officer 
by raising a mob of Fleshers & some others. This occasioned 
a prosecution against him and a great many yea the most 
part of poor tradesmen who knew nothing of the matter but 
noise and hearsay, which continued sometime before the Privy 
Council, to these poor people's expense and loss of time, but 
might have been prevented happily, if the Provost and Bailiffs 
had exerted courage and justice to punish such an insult and 
crime at home. But most of these Administrators were obliged 
to the criminal aggressor, when at some distance of time all 
was sopit. 

The fourth publick building was the New Kirk, to the 
north-west of the Town, within some few ells northward of 
the Old Franciscan Convent. The fund for this was projected 
by the Administrators without consent & concurrence of the 
Heretors in this manner, vizt. — The Provost at the Rebellion 
1 7 1 5 thro' either a prideful simplicity or singularity, or heark- 
ning to the advices of the Lieutenants-deputes, designed to 



THE HISTORY OF DUMFRIES. 49 

raise and regulate the Town and Country at that dangerous 
Rebellion, & the quartering & sustaining the Auxiliaries 
brought in (tho' honest Mr. Hepburn did more apparently good 
to the Government without expenses to the Town or Shires 
adjacent), without a thorough advice of his Council or calling 
the Heretors and Burgesses for their advice and concurrence. 
[So he] proposed to present a petition to the Parliament at 
Westminster to impose a two pennies excise on the pint of 
ale, thro' the Burgh for 19 years after the year 17 17, under 
the specious pretence of building an Harbour and an Kirk, 
and paying the Town debt. He might have relieved himself 
of the stigma & odium which he brought on him if he had 
hearkened either to the advice of his friends or the Heretors, 
seeing the expense sustained by the Town's purse was not so 
heavy, many of the Inhabitants alimenting the country people 
cheerfully and gratuitously. But this must be done, and he 
went to the Convention of Burroughs in March, 17 16, & he 
and they concurred to oppress several Burroughs, especially 
the poor Brewers, of which some of the Administrators had 
space to repent by the oppressions of the poor, imprecations 
of vengeance, &c. 

This imposition was artfully contrived to be counted 
for and apply'd at the sight and advice of Queensberry, 
Marquis of Annandale, and some Country Heretors who 
got a share of the spoil, as if Dumfries Heretors were all inter- 
dicted of any injury, notwithstanding of an Act of King Wil- 
liam's Parliament in Scotland, whereby all Heretors such as 
have been in the Magistracy have liberty to call all Adminis- 
trators of Burroughs to account for maladministration & 
management & improvement of the Town's Revenue ; And 
[was] also contrived to make the Provost & Bailiffs judges in 
determining the quota and poindings, which was sibi ipsis jus 
dicer o. But it is certain that the Administrators and some of 
their country friends connived to get a scandalous share of the 
spoil, which upon some threatnings was soon spued up again, 
so foolish selfish have they been to be so inconsiderately noosed 



so AN INTRODUCTION TO 

to their own shame, and exhausting the Town's Revenue. And 
all this confused and damaging work is by the Administrators 
not calling the consent and concurrence of the Here tors, who 
are the Heredes Burghi, but acting by lo or 12 men of 21, as 
despots or lords of corporation. 

Now this two pennies per pint came within 2 
or 3 years to swell to five pennies per pint, which 
the Brewers finding gravaminous and injurious, com- 
plained by Suspension in 17 19, and in the dependance one of 
the Clerks, for his own gain, advised (for their Clerks are their 
oracula ex tripodef^ to raise a new process against the Brewers 
for about six pennies on the pint at random; and having 
premonished the Brewers to pay & the time of poinding came, 
the Brewers (being instigate by an old Prefect disobliged) 
did arise and excite a mob to attack the Administrators on the 
street on the i8th Aug., 17 18, and did scandalously, yet to 
many deservedly, abuse and insult the Administrators, pub- 
lickly invading and assaulting their persons and reputations 
vizt. [the] late P[rovosts] Craik, Crosby, C[or]bet, E[dg]ar, 
B[ailies] P[a]t[er]son, G[ilchri]st, and many others of the 
Council whose friends forced them to retire to their houses. 
Upon this the Administrators, being incensed, sent and con- 
sulted the King's Advocate and other lawyers, and 
as advised raised criminal summons against the 4th. 
part of the Inhabitants with the conclusion of pains 
of death on the guilty. But this ferment ceasing, 
the Brewers and they compounded; and because [of] 
this Mob, in which very few of the Brewers had a hand, 
they were all necessitate to submit to the additional excise, 
even as the King's gaudgers did for the principal liquid excise, 
whether four pennies or six, instead of two pennies, which 
occasions many frequently to conceal and embezzle to the 
common detriment of making the liquors unwholesome. It is 
to be observed as to this excise, that the Act of Parliament 
enacts, that the King's gaudgers give the Burgh a true comptrol 
of every Brewer's repeated makings of worts & ale, which might 



THE HISTORY OF DUMFRIES. 51 

be procured for a small composition yearly. But lightly come, 
lightly go. The Administrators, having Relatives which are 
collectors, supervisors & officers of the King's Excise, cared 
to take not only the comptrol from the Collector, but give 
him an additional salary of ^15 or ;^i 6, to levy the two penny 
Excise & five & six pounds to his gaudgers, which Collector 
pays in the quarterly 2d Excise to the Town Clerk or 
Treas[urer] ; if to the Town Clerk, he gets so much discount 
for his pains, who pays nothing for his office. But all this 
tends to exhaust the subject in an injurious and unconscionable 
manner. It may be more justly proposed that the gaudgers 
or supervisor of the Excise giving a comptrol to the Magis- 
trates at every six weeks, their Clerk, paying no salary for his 
office, or Town Treasurer, must uplift the same in virtue of 
their offices gratis. 

So this New Kirk was built, which cost the Burgh, as it 
is said, nigh two thousand pounds sterling; and it would be 
considered by the way that the very Act of Parliament which 
grants the twopenny excise for building this Kirk, carrieth a 
power to the Trustees therein named to appoint collectors by 
a writing under their hands, and as to the measure or gage, 
that the King's Gauge shall be esteemed by them as the rule 
which the collector is obliged to produce to the Town's col- 
lector; [and it] ought to have carried a clause that the In- 
habitants may have seats therein without paying for them ; yet 
all must pay for them. A general complaint from the In- 
habitants, being a mob, is not to be considered, while the 
Administrators, being a faction of few men, act despotically as 
if they had the consent of the whole Town, Heretors & 
Burgesses. 

To accelerate the building a Church as one of the causes 
of the two penny excise, while W[illiam] C[rai]k, of 
D[uchra]y was Provost in Anno 1721, a certain Heretor 
expostulated with a late Provost about delaying the building 
of a Kirk conform to the Act, which bears for building a Kirk 
and Harbour for Vessels; which Provost answered it ought 



52 AN INTRODUCTION TO 

to be done, but where? to which it being answered, the old 
decaying Castle, gardens, and lands at the back thereof. This 
late Provost being one of the most pragmatick men of the 
administration, asked, how could it be done ? who was answered 
if the Council had minded their Charter Chest, & inventor'd 
& preserved their evidences better, they might have taken 
advice and known easily, vizt, that at the Reformation & 
abolition of Popery, there was an Act of Annexation of all 
convents, monasteries, priories, collegiate kirks, and chappels 
to the Crown, and these within Royal Burghs to these Cor- 
porations ; and [that] this Franciscan Convent, houses, gar- 
dens & lands belonged to the Town of Dumfries, and [were] 
given off for nothing, about the year 1569 or before, to the 
Lord Nithsdale (for ;^3,ooo Scots, for which he gave bond to 
the Corporation), who demolished the same, took possession 
of all, and granted the above bond to the Town for a sham 
value, which the Administrators durst never ask, and built that 
House and gardens in 1572; That the then Administrators 
might have raised an Declarator against the present Lord 
Maxwell to retrieve the Castle, gardens & lands, as the Town 
of Liverpool had done after the RebeUion 1689 or 1690, by 
application to the ParHament of England, against the Lord 
Mulenox, another Popish family, who had seised the possession 
of the Castle, gardens and lands of Liverpool time out of mind, 
and which that Burgh recovered.** 

This communing did animate this late Provost, 
who representing the matter to the Council impowered 
him in Novr. 172 1 to consult the Town's lawyers 
about the proposition, and do what he should be 
advised for the best; who consulting them at Edinburgh 
received this answer, — that it might be as represented, yet the 
present family of Nithsdale having great friends might occa- 
sion much trouble and charges to the Corporation, and be 
frustrate in the plea for an appeal to the Parliament of Great 
Britain. And therefore advised the Burgh to transact 
immediately with Logan McDowall for 90 feet measure of 



THE HISTORY OF DUMFRIES. 53 

ground length and breadth, & for the stones and ground, in- 
stead, of the Old Castle and ruinous wall about it, & to build a 
Kirk (which purchase cost Eighty pounds Sterg.), & a room in 
the Kirk when built, of a large Seat for his family ; he having 
built a house with part of the stones for his own family south- 
ward, adjoining to the Bowling Green ; from whence was the 
Kirk built in annis 1724, 1725, & 1726, 1727. 

From this New Kirk down the Frier's Vennel there is a 
Httle turn westward, not above twenty yards, to the entry of 
the Bridge of Dumfries, which hath nine arches, and had one 
more, which is built up between the houses built by James 
Ross dyer on the left hand, now belonging to the Crocket's, 
and the house of James Paterson, a brother of Kinharnics, 
afterwards Walter Newal's on the right hand; In the street 
between these two tenements is the tenth arch built up under 
the causeway. 

This Bridge*^ is said to be rebuilt by Dornadilla or Dorna- 
gilda, a spouse to John Baliol, elected King of Scotland, 1292, 
and daughter to Allan Earl of Galloway, and Margaret, eldest 
daughter of David Earl of Huntingtoun. And it is a hand- 
some Bridge, with a port in the middle of the river Nith (which 
is the march between Nithsdale & Galloway), which had till 
within these sixty years great Valves or Gates, which the 
Administrators have laid aside as troublesome. There was a 
toll or custom exacted for passing it, due to the Minor Friars 
of the foresaid Convent, as gifted by the said Dornadilla to 
them. These, 'tis said, came after the Reformation from 
popery in the persons of some people of Maryholm, from whom 
the Administrators of Dumfries acquired right. This toll or 
Bridge tax hath been raised thro' emulation some years to near 
3,000 Merks Scots, but is now very ambulatory, tho' rouped 
yearly at Martinmas, and the takers have many times gone 
behindhand, for extortion of the country. This Bridge con- 
veys by roads to several places through Nithsdale & Galloway, 
to Terregles, College of Linclouden, to Kirkcudbright, Wig- 
ton, & the road to Ireland, to Newabbey, and all the parishes 



54 AN INTRODUCTION TO 

on this side Kirkcudbright in Galloway. As to which take 
the following verses written on them, with some observations 
on the country adjacent : — 

In Nithsdale-shire towards the South there stands 
A Royal Burgh, which all that shire commands; 
Dumfries 'tis called, & very near the Town 
The river Nith in chrystal streams runs down. 
A pleasant Bridge that's built with arches nine, 
Of red free stone, as stretched with a line 
From Vennel Foot to Galloway it tends 
And divers roads thro' all that country sends. 
Near eight miles south, the mountain Criffel stands 
Well known and seen from several distant lands, 
And on the east Old Solway's force makes way, 
With swelling tides both in the night and day ; 
And north-east, too, tho' distant from the town 
Queensberry stands with her adorning Crown; 
Yea, round about with many little hills 
This Town seems guarded from all threatening ills. 
And yet we find much of the country round 
Lyes uninclosed, uncultivate the ground. 
Which great defect doth from the owners flow, 
For Tenants by welltry'd esperience know 
(Their Tacks being short, as seldom long they be. 
Perhaps three years, or five, or three times three). 
If they should be at cost & pains to make 
Their land prove fertile & much labour take 
To bring the ground a better crop to bear. 
Their rents are rais'd, or they turn'd out next year. 
This to amend, let all attempt with speed 
Who have it in their power to give remead, 
May many join & all with one consent 
Obtain at length an Act of Parliament, 
That in North Britain all who set their lands 
Shall on stampt paper sign it with their hands ; 



THE HISTORY OF DUMFRIES. 55 

That all their Tenants' Tacks or Leases bears 
The fixed term of one and twenty years ; 
That tenants may have time to try and make 
Improvements of their lands, for their own sake ; 
Let them enclose some aikers every year 
And plant such planting as the soil will bear ; 
Let Summar' Justice 'gainst the tenants be 
Quite laid aside, and let them courteously 
Pay all their rents. But if the Landlord find 
His tenant backward go, or come behind 
In his improvements, and no friends he have 
That will assist him or his credit save. 
Then let his tack be registrate with speed. 
And others take that will perform the deed. 
If some such method could be thought upon 
Much money might be saved, for much is gone 
Of late to other countries to procure 
Corn, wheat, & rye that did not long endure. 
But if our lands were all enclosed well 
And well manur'd, all that in Scotland dwell 
Would be sustained, and much would be in store 
For every year's produce, would produce more ; 
And then North Britain might lift up her head. 
And thankful be, when all her sons have bread. 



There is an ancient great Tenement or Building called 
New-wark,** lying on the north-east of the Cross, which had 
vaults or cellars, four on the foreside & two in the backside, 
having four shops before, and dwellings & shops for Fleshers 
on the back parts, with many rooms & apartments, which are 
now all thrown down and demolished. The aera on the stair- 
case of the front of this old building was 1583 or 1585, with 
the King of Scots Arms, & also some Families Arms, cut out 



56 AN INTRODUCTION TO 

in stone. It hath certainly been a laborious building, but not 
clearly known who were the builders, unless some scraps of the 
old registers legible might discover it, which was done 
probably at the expense of the Government, or some great 
men; which building certainly of old ornamented the Town 
& street, tho' now it deforms the same, lying in a ruinous heap, 
yet pity it should not be repaired and possessed. 

The pretender of title to this large tenement were Sarah 
& . . . . Romes, whose predecessors are scarcely remembered 
& known ; and one Reynold Graham, a citizen of London, hav- 
ing a great debt upon the tenement apprized it, and some of the 
Burrough Aikers belonging to it, [and] transferred his right 
about the year 1678 to Provost Graham, or his son, or oye, 
who have possessed it since the year 1689. And tho' the 
grandchildren of these Romes have within these thirty years 
past obtained a Decreet of Reduction & Declaration of their 
right, but being persons reduced to a low condition [they] 
have not been able to make their right effectual. So, as the 
Law goes in this Nation, MIGHT overcomes RIGHT, and he 
that hath the grip keeps it. Tho' by a Decreet Arbitral in 
February or March, 1693, pronounced by Adam Maxwell, 
merchant in Edinburgh, & Mr. Thos. Rome of Cluden, 
arbiters, Willm Grahame elder, son to old Provost Grahame, 
for himself, and taking burden on him for Wm. Graham his 
son, were decerned to dispone and denude themselves of cer- 
tain aikers of land in the territory of the Burgh, and of the 
said old great tenement named New-wark, in favour of the 
said Sarah Rome. 

As to the Burgh's Revenue, it is derived from the Meal 
Mercat dues, customs of Bridge, & three Ports, duties of 
Weight-house & Trone, Two Milns, and a Snuff Miln, Miln- 
damhead (in tack for a low rent, but ought to be rouped yearly 
from Candlemas to Candlemas), Deadman's Hurst & Scabbed 
Isle (which are said to be gifted in a long tack to some of 
the Administrators' relations) feus of Barkerland & Town's 
Common, King or Cummine Holm, Quarrie, Dock, Brewery, 



THE HISTORY OF DUMFRIES. 57 

formerly a Horsemiln, Greensands, Haughland or Brickland, 
Quarry over the water in Traquire, with the ground & grass 
thereupon, feus of lands & tenements, Seat Money in the two 
Kirks, Coffee house rents and shops under it, which is after 
accounted for, Mortcloaths money, &c. 

The Town built the two Mills, Coffee house and shops,** 
and the Old Kirk they precipituously demolished with the old 
steeple thereof, which with a spire or cupola raised on it would 
have looked as well as what is constructed, being a large 
foundation ; it being generally believed by the very members 
of the Council, that ;^i50 Str. in timber & stone &c. would 
have repaired the Old Kirk or St. Michale's Work, to mend 
the pedestals of the pillars, make up part of the old roof, and 
put an spire on that large foundation of the old steeple, which 
has cost ;^ 1,050 Sterling. But the Administrators had their 
own views. 

They have likewise built since the year 1741 a new School- 
house, making it into double & divided rooms on an old house 
which pertained to the heirs of one Thomas and James Lock- 
harts, on the west of the entry to the New Kirk, whose windows 
and doors do suffer by the school boys continually frequenting 
the streets, throwing stones and breaking windows, &c. This 
building, with cellars founded upon springs of water, cost the 
Administrators over /600 sterling. To prove that this might 
have been spared wholly, the old Schoolhouse, which hath 
been the Town Schoolhouse for nigh 200 years in Chappelhill 
lay at a distance from the streets and diversion of the boys, 
capacious for all or more scholars than have been at that 
School for fifty years past, and the School-Mr. and Usher 
paying their own rents; The raising of the roof of this or 
putting on a new roof, being not above 36 feet, & raising the 
side walls 4 or 5 feet for a second storie, with two chimneys 
would have been sufficient for a School-Mr. & Usher. But 
the Administrators being buyers & sellers, & furnishing timber, 
iron, sclate, dales, lime, glass, & lead, it was reasonable they 



58 AN INTRODUCTION TO 

should be preferred in the custom of these goods, and at their 
own prices, et sic stat pro ratione voluntas}" It brings to 
remembrance Barncleugh in 1686, 1687, & 1688 (saith mine 
Author) that he was sure to have a set in the Council (being 
said to be the King's Provost), who only asked what said the 
Provost, and then it was so. 

This John Maxwell of Barncleugh," descended of a 
Cadet of the house of Kirkconnel Maxwell, whose father or 
grandfather was a Bailie in Dumfries, and kept a tavern in 
Hairstanes or Lanerk's Close in the time when King James 
the 6th in his visit of the south of Scotland in anno 161 7 
passed thro' to England, (the tradition is that the King and 
Court dined at his house) — this Bailie or his son procured a 
wadset from Rome of Kirkpatrick Irongray of 5,000 merks 
on Barncleugh, and his son being bred to the letteren in 
Dumfries became Town Clerk at the Revolution, 1660, when 
Torries or Cavaliers mounted the saddle, & Whigs or Presby- 
terians were supressed. He continued Clerk, having married 
the daughter of John Irving Provost in 1667 or 1668 (that 
he entered agent for the Earl of Nithsdale, by which he 
gained considerably, having been witness to very good penny- 
worths gotten of that estate, giving him a view of many charter 
chests of vassals, which turned also to his account) and then 
acted by a Depute till 1681 or 1682. And then on account 
of the Test Act, he plowed and pewthered with the then 
Administrators, who would not refuse him, to grant him by 
Act of Council, on his dismission of his Office, when they 
knew he could not keep it, as not qualified by the Test, being 
a profest papist, five pounds str. yearly by any Town Clerk 
whom the Administrators might choice, induring his lifetime. 
But King James the 7th, having deeply consuhed in 1686 to 
reduce Britain to the Church of Rome once more, did 
immediately on a sudden check the persecution in its greatest 
flame, and proclaimed Indulgence to all religions, that from 
them he might bring in the Popish Religion. Then the better 
to bring this about, the King & Court obliged all in public 



THE HISTORY OF DUMFRIES. 59 

trust, either to renounce their Offices & Stations or turn 
Papists; and immediately he, John Maxwell of Barncleuch, 
was by the King named Provost, John Irving (called Claret), 
his Brother-in-law, eldest Bailie, John Rome a Papist, & 
Martin Newal Bailifs, with Dean, Treasurer, & members of 
Council, some Papists or waiters, or people of little reputation, 
who were not to contradict him. But that faction smelling 
that imposing the Prince of Wales on the Nations, loth June, 
1688, was like to turn unsavoury to most thinking people, and 
that there was jealousie amongst those in the Government 
[and] that the Whigs or Protestants of Britain & Ireland were 
looking about for relief of the apparent catastrophe, and hoping 
for it suddenly, that Government gave Commission to the Army 
to disarm all sorts of persons in Town and countrys. And 
this Barncleugh, having a son-in-law. Colonel Ratray, a bloody 
Papist** (who had a hand in murdering the Protestants in 
France, after the repeal of the Edict of Nantz at Fountainbleau 
1685), with his Regiment of Dragoons in & about the Town 
of Dumfries, did actually disarm all persons ; and he, the 
Provost himself, did secretly convey away the Town's arms 
and amunition out of the vaults under the NewWark lest the 
Whigs should get them, and fortifie themselves against the 
schemes of the Government. But when King James fled over 
to France in December, 1683, when our Noble & Glorious 
Deliverer was come, the arms and amunition was by a false 
knave named David Akenhead, his Burrow Officer, discovered 
in the vaults or charnel burial places of the Collegiate Kirk of 
Lincluden, consigned to the protection of some Saints there, 
who were not strong enough to preserve it, & in a dark night, 
with a lanthorn, with a great tumult, brought all back to 
Dumfries. Yet our tepid Administrators had the zeal to 
continue this knave D. A. till he died, in their service. 

It was reported in June or July, 1688, that Barncleugh 
had a patent to be a Senator of the College of Justice or Court 
of Session at Edinburgh, if that Government had not been 
overthrown in the Divine Providence. " Oh, that men would 



6o AN INTRODUCTION TO 

praise the Lord for his goodness," &c., Psalm 107, 137, 7-8-9-* 
There is no doubt for the form of Municipal Law, he was 
qualified by a long practice, & a long head, & subdolous wit ; 
And he did several acts of good service to the public, to 
ingratiate the people to depend on him. And he began the 
causewaying the public streets which were brot above the Cross 
in the beginning of 1689, built the Horse Miln, now a Kiln 
& Brewerie since that time, and allowed an idle Deacon a 
mark daily for near a year to oversee the work, he being a 
Skinner, but it was supposed to be divided between the Provost 
and the Greeve ; And it was said that he procured King James' 
own Suspension of Sheriff Alexander's fines for not hearing, 
marrying and baptising with the Curates of the Episcopal 
Church, which was to a great extent and good service, if there 
had not been a door opened in Providence to prevent such 
oppressions. But it is observed in this case, that the same 
hand who gave the wound healed it. It is to be observed that 
our tepid Administrators never enquired into Barncleugh's 
possession oi £$ str. yearly, as being virtually Town Clerk 
during life, but connived at the Clerk's paying him yearly, till 
W. C[opla]nd of C[olli]ston about the year 1708, being Pro- 
vost, arrested this Barncleugh's share of his Darien advance, 
which was to be drawn out of the Equivalent of losses and 
damages to the contributors allowed by England to Scotland 
at the Union, in order, as he then said, to make him refund 
the yearly sallaries of five pounds str. from the Clerks. But 
he & he agreed, & he procured a Renounciation. These were 
all consented or connived at by the Council, and found to be 
good services, as the Provost reported without further enquiry. 

It is amongst the most seeming incompatible transactions 
of Time, to see and consider honest people gathered together 
& endeavouring by reciprocal help and friendship to earn 
livelyhoods in a civil society and corporate body. And for 
better regulation of such, to name some more grave wise men 

* Psalm cvii., v. 31. 



THE HISTORY OF DUMFRIES. 6i 

amongst them, to enjoy the names & dignity and preference 
alternately above the rest of that body, which implies an 
engagement of mutual fealtie in both active and passive 
stations, and while they actually give their oaths De fideli ad- 
ministratione, which had occasioned in process of time an Act 
of Parliament for their Warrand (but more of this afterwards). 
To consider I say such persons advanced, thro' the sense of 
their elevation, to impose on the collective & corporate con- 
stituents, such taxes & burdens as tend (they say) to augment 
the Revenue, pay the Town's Debts, and clear yearly the 
Magistrates, Ministers, & other Officers their Sallaries, & 
Town's daily debursements, which the people cannot bear, 
being a place of little trade, in a poor and barren country about 
& a load of Public Taxes, without examining, 

I mo. — How their predecessors contracted. 

2do. — The necessity of the augmentation of the Revenue. 

3tio. — The not equal and just managing the Town's 
property. 

4to. — The necessity of these Offices & adding Sallaries 
to them, to oppress their fellow creatures and neighbours and 
keep them under. 

5to. — How have the said impositions been apply'd. 

All which, if rightly discovered, might in all ages, 
but especially since the accession of Glorious King 
William, make many of the Administrators and their 
successors ashamed and confounded, when some of the prime 
Managers in a true peculate and criminal manner have raised 
themselves to great riches, which is seen eventually to decay 
and vanish in many of them. It is said by tradition, that 
P[rovost] G[raha]me was the first who proposed poor day- 
labourers to pay Stent monthly — others such and such feus — 
others that when by fire and ruin houses were demolished, to 
afflict the poor Heretors the heavier, to declare them not to be 



62 AN INTRODUCTION TO 

repaired unless sclate roofs were made," and so to lose them, 
or run the poor Heretor in debt, when the mean subject could 
not bear it. Let their contrivances and design in these be 
comfortable to them, that they have done so good and political 
services. But to what end ? To get the Counsellors materials 
of timber, dales, iron, schlate, lime, glass, &c., bought to the 
reparations. And their posterity approve of what they have 
enacted, to the ruin of many of the constituent body. 

And the Provost above-named, vizt. J. M[axwe]ll con- 
trived to get from his Council as King's Provost in 1686 to give 
him 500 merks of salary, with several Tierces of French wines ; 
others contrived unnecessary buildings, to exhaust the 
Revenues to get a name ; others, being wine merchants, to 
take in hogsheads of wine to drink at anniversary solemnities, 
and making of Gratis Burgesses for the benefit of the Clerk's, 
their friends & relations, at half-a-crown per ticket, the Town 
Treasurer furnishing parchment and fine ribbons, not- 
withstanding the Acts of Council reducing Clerks dues of 
writing half-a-dozen lines on the Town's parchment at a 
shilling per ticket, which they can easily rescind, saying it is 
in the power of the makers to unmake Acts, &c. And it is 
averred for a truth, that a certain Provost and his Bailiffs 
spent about ;^i4 or ^15 Str. in complimenting the Officers of. 
an English Regiment in the place with Burges Tickets, beside 
the Clerks dues, where separatly or together wine to the value 
of ten or fifteen shillings was too much. Others of the 
Administrators, when the first Steeple was a-building, thought 
it was a gross mistake to let such a sum as 25,000 merks be 
paid for that building if they got not a rug for it as it passed. 
Agreeably the prime Magistrate got very often compliments ; 
and a Bailiff & a Convener in the Council having helped to 
get a mason the benefit of the Town's Quarry for digging 
stones to that fabric, without a tack duty, the Town furnishing 
powder to blow up the rocks, iron for era-irons, picks & mat- 
tocks, and great mells & wedges of iron, &c., this prime 
Magistrate the BaiHfif & Conveener were partners in about 



THE HISTORY OF DUMFRIES. 63 

2,000 merks for the price of the stones, which was paid out of 
the fund by the Undertaker, whom as they falsely helped to 
get the composition, so got a rug of it in spight of their oaths 
de fideli. Faithful Counsellors! There was other two great 
Heretors, who grieved to see such a sum carried away on such 
a building, threatened (as being on some Committees for in- 
spection into the affairs thereof), they would accurately 
examine and treat the Undertaker, who was obliged to appease 
their choler with compliments of firdales, timber, and other 
things, and which he said with tears, that if he lived to return 
would openly disclose all; but the discovery was prevented 
because he died. 

The Town's Revenues are as follows, vizt}* 



The Sallaries are, to the Provost yearly 100 merks ; to each of 
three Bailiffs £3/6/8 Str. To the Dean ;^ 3/6/8, or a Burges 
Composition with perquisites in the Mercats, & in Town 
bargains of herrings, meal, &c., offered to sale in the Town, 
and is really an oppression to discourage rather than to en- 
courage in time of scarcity. To the Treasurer a Burgess's 
Composition, besides what he gains as factor for the Town in 
buying and selling goods for the public, &, which most years 
surmount that, twice or more. The five Burrough Officers or 
Town Sergeants had each of them till of late years 20 merks, 
a new coat, & hat the ist of May yearly, all which in money 
and cloaths would extend to 200 merks, or £11/2/2% Ster., 
besides perquisites in Summoning to Courts and New Year 
gifts, which equals them with the Provost's salary. It is said 
the Administrators have advanced the Burrough Officers 
sallaries to above the double, and that their cloaths are better 
than many of the military sergeants were before the Revolu- 
tion. This makes Solomon's proverb good, when riches 



64 AN INTRODUCTION TO 

increase they increase who eat them, and they were ever free 
of fruit who never had an orchard. These advances tend to 
ruin many families in the place, who are neither able to pay 
to the Town's Excise nor the King's, nor their proportions of 
Stent for their poor occupations, as Taylor's, Weavers, Shoe- 
makers whose plenishing and utensils are poynded & 
distrained every six weeks, and for ought I know, says mine 
Author, sold at half value, which ought to open the eyes of 
the Administrators & faction to consider the oppression of the 
poor who want bread. There was once an offer or overture 
by a well designing honest Provost when he was elected 
(C[ros]by), that if the Bailiffs would with him, he would re- 
nounce the Provost's salary due to him and service gratis ; but 
he was so browbeat by those in the Council who had enjoy'd 
the salary for many years, that he was afterwards, Consonans 
muta, non vocalis}^ It is said that within these 35 years past, 
the Administrators recommended some of their poor friends to 
be Greeves or Overseers to the Town's work'' which was 
formerly attended by one of the Bailifs in their turns and Dean 
& Treasurer, but now to a great salary yearly, and one as a 
street cleanser named scavenger who gets the Compost & 

for a Salary. But the Administrators being all unexperienced 
& abandoning former managements, will do what they incline, 
and Counsellors will not resist the Magistrates, whereas if 
former reasonable orders were observed, serious orders by their 
authority would be obey'd vizt. that all persons, when the 
streets are made nasty by the Inhabitants bringing in hay, 
peats, or other things about their possessions and taking out 
dunghills & rubbish, be ordered to sweep and carry off the 
said rubbish & dung and make the streets clean opposite their 
possessions, and carry them to the places of their compost; 
which I have seen done, says mine Author, while one of the 
Bailifs was upbraided by a foul mouthed husife, and she es- 
caped without punishment, he wanting courage and authority 
to inflict it, naming him publickly a scavenger. 



THE HISTORY OF DUMFRIES. 65 

The Dean's Officer hath of salary yearly The 

Schoolmasters & Teacher of an English School gets yearly 

the two Ministers get to the value of ;^200 Str. 

between them in money and possessions yearly. 

N.B. — The Election of Magistrates being by 15 or 20 
Persons of neither prudence, substance nor reputation, are 
vilepended. 

The Administrators in 1721 on some prudent person's overture 
sunk four wells" on the street in very convenient places for 
the benefit of the Inhabitants and especially in the times of 
fire, they having water engines which are most serviceable. 
But the wells being kept running for some two or three years 
were deserted without cause, unless by children or unskilful 
persons working or marring the pumps. But in this there was 
likewise an error and defect in their management, in not bind- 
ing their Goaler (who pays nothing for his office) to attend 
with the Burrough Officers who are idle enough and work to 
other persons daily for wages, to see that the school-boys and 
children be restrained from marring the pumps and throwing 
stones at the windows of Kirks & Schoolhouses & Inhabitants 
houses about the streets, and that by a Bank once a month, 
the wells ought to be locked up from eleven of the clock to four 
in the afternoon, and then lockt up by the Coalers. And 
that no Dyers or Brewers take water out of these wells under 
a penaltie. 

The Town got an Act for a Meal Mercat from the Scots 
Parliament Anno 1664, which is held on Wednesdays and 
ffridays, declared to be the Mercat days of the Burgh by an 
old Act of Parliament since the Reformation ; And they have 
Acts for three fairs or great Annual Mercats vizt. Candlemass, 
Roodsmass, & an intervenient one called Midsummer." The 
first on the 2d Wedny of Feby, the Midsummer on the first 
Wedny of July and the Roodfair on the ist Wedny after the 
13th of Septemr., which frequently proves foul & discouraging 
weather. 



66 AN INTRODUCTION TO 

In one of these Fairs supposed to be the Roodsmass, the 
Sheriff Depute of the Shire (Town Clerk L[anric]k having pro- 
cured it himself, as is aftermentioned) by some connivance 
with the mean spirited administrators, got into a pretence of 
lifting a toll called Sheriffs Gloves," or now an additional 
custom at the Bridge Port of Dumfries, which the Provost on 
the occassion aftermentioned consulted the King's Advocate 
S.I.S.*" the most accurate lawyer & politician that ever was 
in Scotland, who answered it was an false imposition on the 
Town, of which they ought to resist or vindicate an immunity ; 
But it is never done, and the Inhabitants suffer thro' the 
restraint of meal & vivers which come not in by reason of such 
additional customs. And tho' the Administrators have served 
the D[uke] of Q[ueensberry], whose depute exacts this im- 
position, and might have obtained from him a discharge of it, 
and an renounciation of his accumulative jurisdiction on the 
place as Sheriff, and also the Commissariot within to Town's 
priviledges, for more than equivalents to him, yet private 
interest & reputation is more acceptable, and let the publick 
stand by itself : Non honor est hie- volvenda dies, en altrebit 
ultra," which hath occurred, first by abolishing all heretable 
Jurisdictions now in the hands of the Crown ; whereby all 
Sheriff Gloves &c. are suppressed and not exactable, by the 
King's Deputy or Substitute, who have salaries off the 
Government, if the Administrators had courage to advert it. 

In Anno 1 704 the faction prevalent in the Council elected 
mercenarily a Writer (this F.L.) to be Town Clerk,®* against 
which choice they were warned in a printed letter, because 
of his fraudulent purposes against the properties of ye Inhabi- 
tants and keeping the Town's records to serve his purposes. 
In which case they gave the wolf the wedder to keep, which 
proved eventually true. The printed paper abovementioned I 
shall here insert verbatim which is as follows. 

[As Edgar definitely states that this pamphlet has been printed, it is omitted 
here. The curious will find it in Appendix C. No copy of the pamphlet seems 
to have survived.] 



THE HISTORY OF DUMFRIES. 6^ 

But notwithstanding of this warning, the Administrators 
gave way for this man's admission to the Clerkship, as they 
did afterwards for his acceptation of a Substitution from the 
Sheriff Depute of the Shire, as before noticed. And he their 
servant became their master (because they would not put on 
their spectacles to see) & hufft them publicly saying he was 
Sheriff & so above them; the Administrators being divided, 
and the imposing servant having the major part of the Council 
on his side, were forced to succumb, & so this Hector behaved 
till the year after the Union, when Justice Aires were revived, 
of which he had good reason to be afraid, having past many 
unjust sentences for money, both as Town Clerk & Sheriff 
Substitute & so demitted. His strenuous friends in his defence, 
& who elected him (tho' he injured the best of them in their 
honour & purse), were P[rovo]st C[ros]by'*'' B. G[ilchri]st, B. 
E[war]t, B. C[orr]ie, B. P[ater]son, A. B[el]l, J.B[isho]p. B. 
K[enna]n, but above all the amphibious Provost, who gave 
the casting vote for a five guinea piece, which for his friends 
sake H — m he durst not refuse. 

As to private buildings, & buildings in general, which is 
more dear & extended than any Burgh in Scotland, & yet 
least encouraged by the Administrators for many reasons ; as 

I mo. — They at the Town's Quarry, which had been com- 
mitted to favourite Masons to be wrought for the common bene- 
fit gratis, the Town furnishing gun powder to blow up the rocks, 
& iron for mells, wedges &c. in the quarrying stones vizt. the 
rough stone cart draught 3d, the cart draught 4d & the hewn 
stone so much per foot till the year 1726 or thereby, without 
paying of any, or a small tack duty, to some Masons for work- 
ing it, while the Town's purse furnished gunpowder, lead, 
iron &c for the utensils as above;*' & yet they imposed so 
much on every continued foot of stone preceding 1732 or 1733, 
and fourpence for every cart draught a far off for wall stones, 
& threepence a draught for the stones themselves. Now 
considering the distance from the Town, and that the Quarry 



68 AN INTRODUCTION TO 

belongs to the Town, & that they were got as cheap as 3d from 
Netherwood, & nigher to the Town, twopence might be 
enough for common wall stones. 

2do. — When the Administrators afterwards set a tack of 
the Town's Quarry, they made as it were a visible monopoly 
of it, in so far as it is known by experience, that these tacksmen 
in emulation of others who are employed in buildings, both 
delayed carters in giving them stones, on some pretences, & 
when they were served it was with the worst, and sometimes 
refused to give any. 

3tio. — It is known by the ratification made by King 
James 6th of the Town's Charter of Erection, it bears all the 
priviledges of Guildery, Dean of Guild & other benefits of 
the Town of Edinburgh, yet they delayed still to bring the 
same into practice, yea, in establishing the Dean of Guild his 
Court with respect to buildings." Whereas the Dean as 
Aedilis is only to be concerned in the surveying & judging 
by an inquest of fifteen sworn neighbours & Heretors after 
prayers, of the conditions & controversies of contiguous tene- 
ments & also of building and repairing by .... & warrant, 
this last they admit by a Petition, & Act extracted upon before 
the Cognition ; and then follows another Act at dear expense 
to the petitioner, to the Clerk, who may notwithstanding 
suffer heavily in loss of his property, because say they, this is 
the old custom, to cognosce & decide by the Council, where 
first Deacons of Masons & Wrights sit, who are sure to con- 
trive work for themselves or partners ; & the Magistrates or 
Counsellers being Merchants in selling dales, timber, lime, 
iron, lead, glass &c. to the builders, whoever were the buyers 
from the Administrators on the one side had a right judge 
for him, and who bought of another of them, as he had money, 
so he espoused that other party. So after jarring & pleading 
in write, the matter was determined by the Council, how detri- 
mental soever to one of them. So it is a partial judgment 
by these who may loss or gain in the matter, to the great grief 



THE HISTORY OF DUMFRIES. 69 

and loss of many poor Heretors & liferenters who were not 
able to suspend &c. and so have been deprived of bread, & 
have lost great part of their grounds & yeards, & had servitudes 
imposed or taken away ad arbitrium. This is a grievance 
which ought to be redressed. 

4to. — The Administrators take no way to encourage 
builders or indwellers, by reason that their English lime being 
dear, (tho' brought by sea). They might contract with the 
Heretors of Terrery, Ladyland or Preston, on the outrunning 
of the river in the Parish of Kirkbean, Galloway, or with Sir 
Thos. Kirkpatrick of Closeburn, for each tun of limestone to 
be brought to Dumfries, & to be burnt in any of the old 
decayed barnsteads, id est, Townhead, Barnraws or Sandbeds, 
which would yield the Inhabitants lime cheaper & encourage 
them in building. 

5to. — The Act of Parliament statutes, that all Mechanicks, 
as Wrights, Masons, Sclaters & Plaisterers shall work by days 
wages which for a long time they have refused," till now the 
increase of them obliges them to comply for a time. 



70 AN INTRODUCTION TO 



[CHAP. 3rd.] 



THE COURTS OF JUDICATURE kept in this 
Town as the head Burgh of the Shire vizt. Justices of the 
Peace, since the Union, Sheriff, Commissary & Town Courts, 
which last was of old till about the year 1720 held by the 
Provost & Baillies, who truly were not sufficient sometimes 
for an equal judgment of the pleas inter concives. But there 
being two Clerks from 17 16 to 1738 they thought one might be 
Judge & the other dictate to his 'prentices, which was done ; 
and the Provost sitts not, but the Baillies & their Clerks. 
And so they increased the number of 'prentices to the Clerks 
lucre, & to the exaction of double & triple dues of writing, 
which occasioned a rural BaiHe to say, "A staff might be a 
Bailie now, seeing the Clerks are lawyers." But as he little 
understood, having no learning, so he knew not that the Clerks 
wrought to pass a Decreet that they might get the dues to 
themselves, and throw or cast the iniquity or odium committed 
by the Clerks on them who do & sign as the Clerk 
advises. But if they knew & had a love to Justice, they 
would take more care of the poor, & advise with some skillful 
and disinterested Procurators or Clerks, or choice them as 
Assessors publicly or privately for a small fee, to exoner their 
own consciences. 

The dues for sentence by C[olli]ston's Act" in 
1704 was a penny per pound Scots to forty pounds, 
allowing three pence per pound in the expences of plea ; And 
for Sums above £\o compounded cheaper (here take in the 
Act of Council 1704). But this three pence per £ to the 
creditor or pursuer is not the half what the prosecutor of the 



THE HISTORY OF DUMFRIES. 71 

action deburses, when he is put to poindings, apprizings & 
actions of forth-comings ; And therefore in all justice as in 
conventional obHgations, the 5th part of the sum is little enough 
for their cost & charges. 

In this Town the common Clerk is elected by a faction, 
who get & continue themselves in the Council, as being 
generally relations confederate; And the Heretors & the 
Town's Records are committed to him. And he ought to be 
elected by the common suffrage of Heretors & Burgesses, ac- 
cording to the verse — Clericus est clero qui fuerit communi- 
tatis-corpore dilectus!" Now he pays no salary, exacts of 
every purchasing Heretor for a bounding seasin four pounds 
scots, besides parchment stampt, & his servants writing & 
booking; And for all Acts & Decrees about tenements & 
mosses, what he pleases, seeing the Administrators quarrel him 
not. And thus the Clerks (sometimes two) except when the 
relations of one in the Council prevails, draw in many 'prentices 
to enrich themselves, & there exacting treble dues of the In- 
habitants, which may be proven beyond the dues of the Court 
of Session at Edinr, and yet keeping no Books of Records, 
turn rich by the spoils of the poor Inhabitants. Thus the 
Inhabitants are brought under a new yoke & heavier than their 
predecessors did bear. But doth this fall under the con- 
sideration of the Provost & Bailies? No they do not know & 
are easily driven from thought of it, because they know neither 
letters, nor have they courage or inclination to disobey the 
Clerk & his faction, who may vote them on or off the Council. 

And the Clerk's election is only during pleasure, the elec- 
tion of whom if it were largely expatiate would prove a matter of 
comedy, to see how the Administrators act for their friends, 
to the prejudice of the poor Burghers & Town's revenue. 
For the Clerk as is said pays no salary to the Town, which 
might, with Caution found for him to be a fit person to uplift 
the Town's supply, landtax & stent, feus & 2 penny excise, 
save the Town, in order to pay the debt thereof, forty or 



12 AN INTRODUCTION TO 

fifty pounds yearly. But so long as it is in this form and the 
Administrators pay him yearly (besides his perquisites by 
Council, Registers, Courts & Seisins) 36 or £^0 for the Town's 
affairs, he only gains of the Town Council &c. about ;^ioo 
communibus annis ; so the Town's revenue would be increased 
above £-^0, which would tend to relieve the Town's debt 
proportionally yearly. 

The Sett of the Town is the Provost, three Bailies, Dean 
& Treasurer, with 14 merchant Counsellors, seven Deacons 
of Crafts as it hath been since 1623. About 140 years ago, 
when the Inhabitants were not half the number they are now, 
it appears by the old Records that the representatives of the 
Mechanics or Craftsmen were more in number in the Council, 
than after that year vizt. Bonnet makers, Malsters, & Wachers ; 
but a plea arising between the Magistrates & Council, and 
the Heretors & trading people in the place, who saw them- 
selves neglected & people unworthy in favour prefered, did 
resent the same vizt. Francis Irving, Geo. Sharp, Wm. Car- 
lyle, George Rome, John Maxwell, John Rome, Homer 
Maxwell, James McGowan, James Walls, Roger Kirkpatrick, 
George Rig, Gilbt McWhan and others. 

In September & October 1622 Mr. John Corsan of 
Barndannoch, late provost, & his son & his relations in Town, 
being then the most daring people, endeavoured to get all the 
offices of the Town into their hands thro' pride, to oppress 
their neighbours & rule as they pleased ad arbitrium." So 
it was that at or before the time of election of Provost & 
Bailies, a number of the Inhabitants being trading men, for- 
seeing that the election of new Counsellers & of Magistrates 
would be carried contrary to the common good, the above 
named persons & others, gentlemen, traders & burden bearers, 
obtained a letter from King James the 6th. directed to the 
then Magistrates commanding good & decent order in their 
election ; which being read, & a protest taken thereon, the said 
Mr. John Corsan with his partisans said & lead publicly (in 
mock & disdain) that party [to] wipe their arses with the King's 



THE HISTORY OF DUMFRIES. 73 

letter ; and so they proceeded to choice such persons as they 
pleased, & the said Mr. John Corsan's son was elected provost, 
tho' the father was to be the oracle & ruler. These Com- 
plainers suffered so far, but combined with more honest 
residenters, & consulted lawyers, and intended a process before 
the Privy Council of Scotland in Jany 1623 with concurrence 
of the King's Advocate, complaining of the Magistrates, of that 
election, & the contemptuous treatment of the King's letter 
& authority: And because the Magistrates & Council per- 
petuated themselves in such offices, were not meet to be 
chosen, in their wanting these requisite qualifications, which 
by law, Magistrates & Council of Royal Burghs, should have. 
And the matters being debated & probation adduced, the Privy 
Council pronounced sentence the 23rd Jany. 1623 nulling & 
voiding that election ; and ordained the persons who were of 
the Council the year preceding, to make choice of a new 
Council for the year 1623, comprehending therein the ordinary 
Deacons of Crafts ; And the new Council being chosen, that the 
old & new Council together elect discreet & famous men to be 
Provost & Bailies, Dean & Treasurer, and that between [then] 
& the nth February then next to come; & amerced & fined 
Mr. John Corsan & his son in a thousand pounds scots, and 
imprisoned them in the Tolbooth of Edinburgh therefore & 
for contempt of the King's letter & authority, which without 
doubt they payed & more for their oppression & pride &c. 
According to & in compliance with this sentence, the preced- 
ing Council elected Roger Kirkpatrick of Carse, brother of 
the Right Hon. the Laird & Baronet of Closeburn, Provost, 
Francis Irving, Geo. Rig, Gilbt McWhan, BaiUes, Wm 
Carlyle brother to th Laird of Boytath (a cadet of the Lord 
Torthorwald & Carlyle's family)" Dean, & a Treasurer. 

But the Corporation of Crafts having before this 
time been imposed on & neglected in their priviledges 
in the Council, occasioned them from ye year 1569 
to join in bonds of mutual support, concourse & 
defence, which bonds they have on parchment. And 



74 AN INTRODUCTION TO 

as they struggled against the impositions & restrictions 
made on their Hberties, of which with the help of their exactions 
on Revenues they were always ready to join in raise & oppose 
tumultuary insults, so the same necessitate[d] the Magistrates 
& Merchant Council to enter into submission with them con- 
cerning the quota of their Deacons they would have into their 
Council, they being formerly as is reported nine or ten 
Deacons of their respective Corporations vizt. Smiths, Wrights, 
Weavers, Glovers, Taylors, Shoemakers, Fleshers, Waulkers, 
& Maltsters," tho' 'tis questioned if some of them had warrants 
from the Council for Incorporation."' The Arbiters were 
John Geddes & Wm Carlyle for the Merchants (this Geddes 
was 'tis thought aparent heir of Barnbaughle in Lochrutton),^' 
and James Newall & Mr. John Maxwell for the Crafts, and Sir 
Willm Maxwell of Gribton oversman, chosen by both parties, 
concerning the number of Deacons of Crafts should be on 
the election of Magistrates & persons of Council. And they 
pronounced a Decreet Arbitral to the effect following; By 
ordaining the Magistrates, Council & Deacons of Crafts & 
whole body of the Inhabitants, Heretors, Merchants & Crafts- 
men to meet & consider the premisses, and having met the 
1 8th. March 1623 they decreed that in all time thereafter, the 
constant Council should consist of two Merchants & one 
Craftsman, the Merchants to have two votes, & the Craftsmen 
one vote for the Merchants two votes, & the other Deacons 
neglected ; and so it stands as a Set." And in anno 1 709 a 
Copy was sent out to the Royal Burroughs, as the Set or 
established Council of the Town of Dumfries. 

The Maltmen & Waukers decayed, the former because 
their kilns had been burnt in anno 161 3. The Waulkers 
turning poor retired to the Water of Cluden on both sides, 
Irongray & Holywood, yet elected still a Deacon in Dumfries, 
about the middle of September, and he came in & had a vote 
of the election of Conveenor until the year 1735." That 
[year] two fashions & turbulent bludes ( & ) com- 
peting for that station, & finding the Waulkers vote to make 



THE HISTORY OF DUMFRIES. 75 

a party, they agreed in Septr 1735 to discard the Waulkers 
from any further election & vote ; And they being pusilanimous 
& poor people, unable to vindicate their custom, proceeded no 
further but submitted. Now the Inhabitants being increased 
to double the number in 1623 it is most fit that Surgeons, 
Dyers & Barbers were incorporate, & six more added to the 
Merchant Council. 

The Town used to send a Commissioner to the Scots 
Parliament^* & a Commissioner to the Annual Meeting of the 
Burroughs in July^* and before the year 1698 [it] was 
attended by one person who got six shillings & eight pence 
per day for expenses at the Burrough's Meeting, & i4d pence 
to his servant, and the like to a Commissioner of the Parlia- 
ment & i4d to his servant. But about that time a Provost 
R.I., having a partner J. R., having their own private affairs 
at Edinburgh & Tiviotdale, desired (and they had it a species 
of peculate) an associate or assessor joined with him alleging 
the custom of some Burroughs in the north whose Provosts 
were either ignorant or valetudinary [and] brought an assessor. 
So a custom is kept to exhaust the Town's Revenue. 

The Election of the Magistrates is certainly the work of 
a club or juncto of partners & relations to keep up a faction 
to perpetuate the Magistracy in their persons & generations 
in Dumfries. For when a man is Provost two years, he 
knows to what hand to devolve it for other two, and so suc- 
cessively. And it is known that the sons & sons-in-law of 
Magistrates for a century past have been kept in the Council 
& Magistracy, whether worthy or being fit for it or not; & 
because such agree together, Hodie miki, eras tibi ; & Manus 
manum fricat;''^ & non[e] dare to call them to an account as 
above in 1623. 

But C[olli]ston, as he understood law & was cautious in 
the public management in all matters concerning the common 
Revenue & good of the Town, would do nothing without 
calling the Heretors & Burgesses, which their Clerks after- 
wards disuaded them from ; Therefore the rule of justice & 



76 AN INTRODUCTION TO 

law is visibly slighted. For when four new Counsellors are 
elected one year, four of that Council are to be dismissed, & 
these four next year to be also dismissed, and none to be 
again elected for five or six years then following by the 
Scotch Law of Parliament & the Lords Decissions interpreting 
that Law. And so the offices are continued in the famiUes of 
Provosts and friends, while wealthy Burghers & Heretors are 
discouraged, and the offices & stations go not round the 
Corporation to instruct the succeeding & rising generation; 
& ought not this to be redressed, that offices may circulate, 
or else what do your freedoms avail you? 12 Job. And so 
these Administrators are the oracles, and the wisdom & 
policy & Revenue will die with them. And this treatment 
hath caused a great many of our countrymen to settle in 
Glasgow & other Towns, as Coulters, Robisons, Walls, 
Shortrigs, Ramsays, Charters, Wallaces, Gillespies &c., where 
they are well received & preferred to the best offices. 

King James's last Provost aforenamed, as he thought 
to introduce by the Popish design the antichristian idolatry 
again, so intended by his authority to embellish & ornament 
the Town of Dumfries where he first drew his breath by new 
buildings, & being seen in the Acts of the Scots Parliament 
(a system of munk & incoherent Statutes or designs most 
become desuetude) viz. the [36th] act of King James the 
6th. his [14th] Parliament, so as Provost he issued out a 
precept of warning against all proprietors, pretenders & pos- 
sessors of any waste or decayed buildings in the Burgh, to 
build the same (if laid ruinous 3 years) to build up & repair 
the same within [a] year & [a] day ; ^^ Otherways the Adminis- 
trators would pass a Declarator thereon, and dispone them 
to any person or persons who would purchase the same. 

As this tended to embellish the Street in the views of their 
schemes & designs of Government, so it tended greatly to 
weaken and grieve & depauperate many widows, pupils & 
liferenters. And it is observed wherever this Act was 
seriously urged vizt. 1688 & 17 15, there followed several 



THE HISTORY OF DUMFRIES. 77 

instances of particular calamities to the Prime Administrators 
of the Council, & loss & oppression to the poor people, and 
a general catastrophe to the whole nation. And when many 
people were forced to build on the forestreet, some having 
relations (sanguine aut fecunia, the blood of the Republic) 
were permitted to build out & mar the streets, — as one Ninian 
Creighton, Logan McDowall, Robert Gibson, James Stewart 
& D. Gibson in the Transway to the flesh market, John 
Mitchell wright in the Frier's Vennel, & John Mitchelson 
& John McKill on both sides of the Frier's Vennel, which 
hath straitned these streets, & all in a mercenary manner. 
Munera, mihi credo, placeant Hominesque, Deosque?^ This 
lets into a view of the diligence & care of the Administrators. 

The names of the Administrators for about 200 years 
past cannot be strictly known in succession, because the 
Town's Clerks being rather above than under the Adminis- 
trators, they & their servants, who are sometimes eight in 
number & above, have not any regard or care enjoined them 
to preserve the Town's old Records, which as they have been 
written of old, now almost illegible by many of this generation, 
yet some might have been found to have read them ; or else 
(says mine Author) how could scores of Acts of the Town 
Council have been copied out of them, to preserve the Old 
Kirk, which was as above purposed to be divided by the 
Country Heretors abovenamed ; But the Clerks servants from 
1704 destroyed them as useless & illegible. 

The Cunninghams" have been among the first Magis- 
trates, and as Sheriffs, Commissarys & Clerks. The 
McKinnells & McKinnons come of an Highland Clan, who 
have come of some Priests or Friars under the Templars in 
Auchencreath & Bruntskerth, have been Bailies." Then the 
Corsans," then Irvings from Red Kirk," then McBriars of 
Almagill or Netherwood," then Cunninghams, then Kirk- 
patricks, then McBurny,** then Williamson, then Johnston, 
then Graham, then Irvings, which after the Rebellion 1660 as 
being of the Cavalier faction & opposite to Presbytery, who 



78 AN INTRODUCTION TO 

perpetuate themselves brothers & relations to 1677 when a 
strong faction encountered them & turned them out. Then 
Craiks; David Bishop who is said to have lost his life in 
pursuit of a debtor who broke prison, about the water of 
Kinnel; Then Copland, and after the Test the Marquis of 
Drumlanrig; Then the King's Provost Barncleugh who (if 
he had not been a Papist) had a sour melancholie command 
& authority to conciliate reverence & regard, and to ingratiate 
the people, proceeded in appearance of strict justice, more & 
beyond many of his Predecessors, & exerced alone in all 
Courts dictating to Clerks &c. 

All these Magistrates or Administrators revolved their 
offices from year to year (when wearied with them) upon their 
friends, & then resumed as they thought fit to perpetuate their 
faction. Then Craik again in 1689. But here must come 
in a paradigma as to his Election vizt. 

The Town of Dumfries & all the Country about wishing 
well unto it, having sad experience of the weight of arbitrary 
power, now surprizingly sinking, thought on the new & best 
way of Election of Administrators vizt. — By Pole of the 
Heretors & Burgesses residing, which they did without regard 
to the former nomination. And some of these joined with 
them out of fear (their Provost, a Papist, being in the prison 
since the nth December preceding) and having enrolled all 
the residing Heretors & Burgesses, by production of their 
evidences, who when they met, the Sheriff Depute being 
present, by plurality of votes elected James Kennan, who 
had been an old Cromwelian, Baily and also elected him 
Commissioner to the National Convention of States invited 
by the then Prince of Orange to sit at Edinburgh sometime 
thereafter. But he being afflicted with the gout, the prime 
Heretors contrived to have him secluded from the exercise 
of the office by writing to the old Duke of Hamilton who was 
President of the Privy Council, who upon the account of 
Baillie Kennan's affliction with the gout, allowed them to 
choice another fit person to be Provost for a year, in their old 



THE HISTORY OF DUMFRIES. 79 

way, which they did by a Council composed of Merchants & 
Trades, whom that party thought fit; And by plurality 
elected WiUiam Craik of Arbigland, Provost. But the said 
James Kennan was not removed from his being Member of, or 
Commissioner to Parliament until he died in 1695. William 
Craik behaved becoming himself in his station, in a trouble- 
some time, & had indignities put upon him for standing up 
for the good of the Community, yet still was for the public 
good more than many of his predecessors or successors. He 
dyed in 1696. 

The Revenue of the Burgh is ambulatory, especially as 
there is a good cropt, & Mercats of black cattle driven out 
of Galloway into England, encouraging people to offer at the 
Roup of the Town's Common Goods, as it extends as before 
mentioned. The Provost who most improved it was 

C[olli]ston, who hath left an account of his management from 
Michaelmass 1 702 to Michaels 1 708 which is as follows — 

ACCOM PT of debts paid by Colistoun for the 
Town of Dumfries from Michaelmas 1702 to Michs 
1704.— 

Merks. 
TO ARBIGLAND of principal & annual rent 

which was owing to his Father per Bond 3700 o o 
To J. Irvine Lady Terraughty of principal & 

annual rent conform to Bond ... ... 3300 o o 

To B. Ewart ;^i9oo princ. & ^18 Str. of 

annual rent owing by Bond ... ... 3174 o o 

Mrs. R's principal ... ... ... ... 2600 o o 

To Mrs. Reid relict of B. Reid of bygone annual 

rents ^36 str. ... ... ... ... 0653 o o 

To Janet Reul daughter of J. B.C. of principal 

& annual rents p. Bond ... ... ... 3080 o o 

To 41 firelocks at ^9 per piece... ... ... 0554 o o 

To Lochaber axes, partisans (or halberts) & 

drums ... ... ... ... ... 0150 o o 



8o 



AN INTRODUCTION TO 



To a part of the expense of bridging Locher- 



moss 



Marks. 



0400 o o 



0200 o o 



To Sir David Cunningham in full of several 
years salaries accepted by him & discharged 

To Mr. Wm. Veitch 50 Merk of bygone annual 
rent of the principal sum of ;^2o Str. which 
I would have paid him, but he could not 
uplift it without the Presbytery's consent 0050 o o 

To Dean Johnston the balance of his Treasurer 
Accompts 

To 2 years rent of Mr. Robt. Patersun's house at 
£^2 Str. ... 

And this beside the ordinary salaries & spend- 
ings on the Town's affairs which in one of 
these years was only about ;^io Sterling — 



0600 



0216 o 



o 



1. Nota. I assert that the Town's revenue the said 2 years 
at my first entry was only ;£'3000. 

2. At Michaelmas 1704 when Provost Rome succeeded me in 
the office of Provost, the Town's debt was only about 3000 Merks due 
to Baillie Reed's children & Mr. Veitch as above, St the oldest debt of 
;^6oo Sterg. by Dr. Johnston's Mortification, which the Town bor- 
rowed in 1649 for compleating their outreik at the Duke's Levie, 
for which the Town gave security on the Milnhole Miln (which 
as it is known Provost Crosbie & others have ruined) & which 
the Church members should look into. 

I procured a complement from the Royal Burrows of £2C>Q 
Scots to the poor people burnt out by the fire in the Frier's Vennel 
in May 1702 & which I brought home & distributed amongst them, 
according to their several circumstances & necessities. 

The Town having thought fit to relinquish the horse miln (which 
cost the Town great expenses in Anno 1686), & to build a Miln 
beyond the water in Anno 1705 or 1706, several sums were bor- 
rowed on that head, to which I was not witness, Mr. Thos. Rome 
being then Provost. 



THE HISTORY OF DUMFRIES. 8i 

ACCOUNT of the Town's Debts paid from Michle- 
mass 1706 to Michlemass 1708. 

Merks. 
To the Trades to help to build the Meal Mercat 

conform to Act of ye community ... ... 400 o o 

Spent by B. Barclay £100, & John Nielson of 
Chapel ^100 — about Margaret Ramsay's 
inditement, & ;^2oo given himself when she 
went out of the Kingdom, & ^200 as the 
expences of her tryal & incident charges" 900 o o 

All this tryal being before the Magistrates as Judges, the 
expence was an peculate & imposition on the Burgh's Revenue. 

Merks. 

Septr 1707. Paid to Barncleugh Maxwell of 
the arrears of the 100 Merks yearly which 
John Herries, called Butts, should have 
paid him & relieved the Town, and which 
Kelton as then Provost & now his heirs 
should make good to the Town ... ... 900 o o 

To Dr. Geo. Archbald 1000 Merks & a years 
annual rent borrowed by Provost Rome to- 
wards building the Mill .. . ... ... 1055 o o 

To William Rae in Limtonside another 1000 

Mks and a years annual rent for the Mill 1055 o o 

Bought by Coliestoun from Netherwood 4 acres 
of ground between the Dovecote Croft & 
Castledykes, being a continual bone of 
contention between him & the Town, 
they daily poinding one another's cattle, 
and more especially on this motive that 
Netherwood had a charter bounding said 4 
acres of land with the water of Nith, and 
having raised a Breve of Perambulation 
before the Sheriff by which he designed to 



82 AN INTRODUCTION TO 



Merles. 



have carried away the greatest part of the 
Dock. But his Perambulation being ad- 
vocate & made litigious, I forced Nether- 
wood to sell the 4 acres of land whereby 
the Dock & the same are now worth 
yearly ^"240 scots ; And for which 4 acres 
of ground disponed to the Town I paid him 
eleven hundred merks ... ... ••• iioo o o 

To Gavin Carlyle for an road thro' his park in 
perpetuity to the Town's Mill on the other 
side of the water 100 o o 

To John Gilchrist (now Baillie") the balance of 

his Treasurer Accounts ... ... ... 400 o o 

To Mr. McNaught ;^44 : 10/- as 2 years 
annual rent of 600 merks, borrowed for the 
Mill at Whity 1705 66 10 o 

To James Gordon & Janet Reul Spouses 
;^i68 : 6/- as 2 years annual rent of 2000 
merks, & ^45 : 10/- as 2 years annual rent 
of 600 merks, both borrowed for the Mill 
at Lams. 1705, the annual rent being paid 
to Lams. 1707; both is ... ... ... 320 10 o 

25th. March 1708. Paid to James Gordon the 
2000 merks Bond & annual rent thereof 
from Lammas 1707 ... ... ... 2064 o o 

To him the other Bond of 600 Merks, & 7 
months & 20 days annual rent thereof, and 
the Bonds & discharges put up in the 
Town's Charter Chest ... ... ... 627 6 o 

At Michaelmas 1708. Left at my outgoing ;^5o 
Str. in the hands of John Kilehaggs as 
Treasurer, which was destinate to repair the 
steeple of the Kirk... ... ... ... 900 o o 



Summa Totalis 25993 o o 



THE HISTORY OF DUMFRIES. 83 

Nota : — 

The Burrow's dues on the head of the Missive & fitting the 
Town Aeque being ;£'20 Sterling these 4 years, inde 1460 merks. 
Item the whole Magistrates Officers fees & contingencies; But all 
are augmented & altered. 

Many exceptions might be put to this account, but seeing 
the Provost, the supreme manager, hath left it to be tryed 
by the Council Books & the Treasurer's Accounts extant in 
the Town's Charter Chest, who can easily disprove the same, 
or without a joint convention & concourse of the best of the 
Inhabitants & Heretors, who can conveniently canvass these 
accounts at such a distance ; therefore in gross, [they] must 
be taken as given, especially seeing he did more for the Town's 
benefit, than all the other Provosts did, & also did more en- 
rich himself by that office than any of his predecessors was 
ever known to do, which would be tedious & gravaminous 
to the minds of his successors, to be made known. But he 
erred in the main, in not being a Merchant, to get more by 
the Town's and private buildings, seeing the Town had not 
a Dean of Guild to encourage builders ; & he was not a Mer- 
chant to get off timber, dales, lead, glass, iron, sclate &c. 

The Council have made many Acts for many years past 
in the several administrations, which for their own interest 
also were very specious if regarded or execute, particularly 
the Acts of casual fire, & the contiguous causes thereof, — 
not sweeping of chimneys, & placing whins, broom, & other 
combustible matter too near chimneys, & removing Smiths' 
forges from the High Street & from among the best buildings 
— ^regulating the leading [of] peats & turfs from the Moss to 
the Town, from the far or near Mosses. — What shall the cart- 
load of four sacks holding nine pecks of corn each pay with or 
without meat or drink ; And what shall be the price of a suf- 
ficient cartful of peats or turfs furnished by a country man, 
that strangers or other Inhabitants be no further imposed on 
by country people, or townleaders, carters &c. — That seeing 
the Heretors on north east, east & south of Dumfries get their 



84 AN INTRODUCTION TO 

rents made up in the Town, by selling meal, malt, peats, turfs 
&c., the Inhabitants be no further imposed on, by insufficient 
goods or loads;— And to make an Act that every corn sackful 
of peats pay 2|d except in wet weather, when there is a wet 
season, and every Kellwood, Auchencreith & Bruntskerth 
small sacks of peats be sold for i|d ;— And every load of coals, 
from Sanquhar & adjacent places, of 5 or 6 pecks, i5d or i6d. 
per load, or measured by the common peck at 4d or 4^, in 
case of wet summers ; — Leading of rubbish to the water brink 
id per Cart ; — And to put in Execution an Act made about 30 
years ago, that no water drawer get above eight pennies scots 
for a barrel, which before & sometime after the Revolution 
women carried on their heads, for two pennies scots a pailful ; 
& the herring barrels hold nigh three pailfuls each, & that 
they serve readily without distinction of customers. That 
according to all Acts & Customs, time out if mind, the Burrow 
Officers attended at Townhead & at Lochmabengate Port 
from 20th June to Lammas, in their turns, an hour in the 
ev'ning, to intercept the dwellers in Bridge-end, who embezzle 
& carry away on their backs, loads & burdens of the In- 
habitants peats & turfs ; This would require three of the 
Officers with the Common Cryer in their turns, hours at night 
& morning at Townhead, Lochmabengate & at the Bridge, 
where they might be apprehended & their sheets & loads 
forfeited to the seizers. This is it seems to be neglected 
since Geo. McChron a Burrow Officer dyed.** But the 
Burrow Officers are too idle to serve the Town, tho' working to 
the Inhabitants for wages, and so get salaries & New Years 
gifts only for carrying halberts. It is like the Administrators 
& Council, being young & inexperienced, [to] know few or 
none of these things, who are importers of coal & care for none 
of these mean matters, since the year 1734. But to what 
end are they Administrators, seeing their minds are not stirred 
up for the common good ? 

I am informed there are several old fantastical customs 
of diversions used & tolerated in the Town, some for the 



THE HISTORY OF DUMFRIES. 85 

public benefit & some for recreation. These for recreation 
appeared harmless enough, if duly moderated by the Adminis- 
trators vizt. — Weapon Showing which if considered, is more 
needed by the Inhabitants, than only by the Trades at their 
shooting for their Silver Gun. The Muckmen or daily 
labourers, & servants of the Heretors in their husbandry or 
labouring the Burrow Aikers, riding in a pageantic or scenical 
way in their best habilements & weapons, as swords, durk or 
hanger, ribbons & sashes to make a ridiculous & comical show, 
the first Monday of May yearly, [go] through the Town on 
horseback ; And from the Town, westward to Dalskerthwood, 
whence they brought in each man, a branch of birktrees, & 
then going to the Horse Course, & performing a race or , 

as the premium of the Silver Muck Bell," which they carried 
along with them, & belongs to the Town ; the premium for 
which to the gainers was five merks, which served them to 
drink with jubilee in the ev'ning. 

The riding of the Town's Marches [takes place] on the 
last day of October yearly by the Magistrates, Council, whole 
Corporations of Crafts, & all others in the Bridge-end in 
Troquier who were free with them, & all unfree men, and the 
scholars of their Latin School, who rode always before. All 
[went] in their best cloaths & arms, beginning their march 
from the Mercat Cross or the Laigh Sands, up the Street to 
the Castle, where the New Kirk now stands, down the Frier 
Vennel, up the Green Sands, & up the road of the high Haugh, 
to the Mont or Moat, stopt there, where the Officers had a 
pokeful of apples, which they ordered to throw amongst the 
crowd; Then [to] the Moatland, away by the grounds called 
the Langlands & Lochend on the northside of the Old Chap- 
pel, to the Stoup or Horse Course," where was a race run by 
any competitors who previously acquainted the Magistrates, & 
the premium was a saddle & spurs. Thence the Cavalcade 
held eastward & southward between the marches of the Town's 
property & Craigs & Netherwood, hearing complaints of 
marches, & inspecting the marches, so as afterwards they 



86 AN INTRODUCTION TO 

might cognosce upon the controversies; And so went to 
Kelton Well, where the Burgh's Superiority terminates, & the 
Clerk called the roll of the Heretors & Burgesses, & absents 
were noted and amerced. Then returned in good order, & 
sometimes hautboys &, of old, trumpets sounding before them 
with several drums. 

But this anniversary solemnity is laid aside, and 
the new Magistrates & Counsellors take no notice of them 
or Acts of Council, far less Acts of Parliament. And 
the whole roads & servitudes for the said matter, & every 
public occasion are stopt & enclosed by the Administrators 
indolence, telling they were all needless exercises, & expensive 
to the Town, and the Inhabitants improve their grounds by 
inclosing them. But the Inhabitants servitudes to water & 
Moss are also pluckt up, whereby in several corners of the 
Town, the Inhabitants are prejudged by connivance of the 
Administrators with the Heretors as to Mosses & Water, unless 
they make the wells patent to them again. 

And so this old priviledge or solemnity is laid 
aside, as is the Town's head Courts at Michaelmas 
yearly, wherein all Heretors were to give sute & 
presence, & pay a small acknowledgement, as eight 
pennies scots. In these the Magistrates were politically 
wise for their private interest, to build Kirks, Tolbooths, 
Steeples, Schoolhouses, Coffie Houses, Milns, New Walks, 
Docks, Havens, & Hospitals &c., where the materials for the 
buildings are furnished by the Administrators or Counsellors. 



THE HISTORY OF DUMFRIES. 87 



ICHAP. 4th.l 



DRUMFRIES TOWN hath been the place of several 
invasions of the English Nation and devastations suffered 
from them. Cook in his Institutes of the Law of England 
treating of their High Court of Parliament & particularly 
their Acts of Parliament enrolled in other Courts & places, 
makes mention of Two Acts of Parliament made in the 28th 
year of Edwd the first at Drumfries, the one 23rd Octor & the 
other the 30th Octor 1300, &c. (written before, vide p. 23). 

Buchannan & other authors relate several matters done 
in i& about Dumfries, as particularly some insurrection & 
rebelHon which the Popish party made for Queen Mary in & 
about it, in anno [1568] ;" & in the year 1449, during a seven 
years truce between England & Scotland, the Scotts Borderers 
infesting England, the Earl of Shrewsberry, Warden of the 
Western Marches, came with an armed force & burnt Dum- 
fries; that the Lord Maxwell caused Mass to be performed 
at Dumfries anno [1585] years after the Reformation from 
popery, which was a great grief to the Church & the Inhabi- 
tants. And in 1563 Mr. John Knox our famous Reformer, 
or the Apostle of Scotland, was directed by the Assembly to 
go to Dumfries to the admission of a Superintendant, where 
he found Mr. Alexander Gordon, late Popish Bishop of 
Galloway, had corrupted most part of the Gentry & was 
necessitate to return, re infecta*'^ & left Robert Pont with 
the Master of Maxwell for better instructing him and the 
Gentrie. Sed nee adhuc tergitur antrumV 

In Novemr or Decmr 161 3 the westpart of the Kilns 
between the foot of the two Vennels, Calverts & Frier's Barns 



88 AN INTRODUCTION TO 

& the westside of the Street of Drumfries was burnt down, 
supposed to be begun by coals of fire left by washers at the 
waterside, which by a violent wind being driven on the Kilns 
burn[t] them, and that increasing was still driven upwards to 
the buildings in the Town, first supposed to be done by one 

Archd Herries, son to Herries of Terraughty, but on 

want of proof he was dismissed.** 

A Convention of Burroughs of Scotland, was holden at 
Dumfries Anno 1622. 

I remember (saith mine Author) to hear of the fire of the 
Kilns from an old man who had it from his Father who was 
witness to it, and from another aged 92 years who died in 1730, 
that a poor halfwitted man took a sheaf of pease-straw from 
off the fields about the Moat, & burnt it on that ground to 
make a Pease Kiln, whereby all the Kilns, from Townhead 
to Martin Parker's (now Bailey Clark's) & the houses even to 
the Castle on the northwest side were burnt down. It is 
recent with many old people yet living, that in July 1685 the 
Kilns east of the Millhole Miln were all burnt, & one Matthew 
Coulter was destroyed thereby. That same year about that 
time there was a fire which destroyed the closses of the 
tenements of Provost John Irving, James Dod & others in that 
neighbourhood in Lochmabengate, & which were also 
destroyed by fire again after the Rebellion 171 5. Also the 
Frier's Vennel in 1702, 6th of May, on both sides from Lag's 
Lodging,"' in which James Rig was destroyed, and several 
other calamities by fire in the memory of many of the present 
generation. In all which houses so burnt, there had been 
many murders, adultries and other wickedness perpetrate, tho' 
innocent people might suffer at the same time, — all warnings 
to the Inhabitants to repent of their luxuries, oppressions, 
prodigalities, adulteries, fornications, and sins of injury & 
injustice, lest another Visitation surprize the place. 

It is a memorable remark on some families of Divine 
Justice, that all may fear & beware of examplary punishments 



THE HISTORY OF DUMFRIES. 89 

on the enemies of the Church of God, even to the third & 
fourth generation of the Fathers who were guilty; which, 
says mine Author, is discovered in the History of the Church 
of Scotland, vizt. Saturday the 4th of Augst. 1621 the time 
of the proceedings of the Parliament of Scotland. And the 
moment the Commissioner, the Marquis of Hamilton, his 
rising to sceptre the Act of Parliament ratifying the Assembly 
holden at Perth 25th Augt. 161 8 now ratified (in which Par- 
liament John Corsan was an affirming voter for the Town of 
Drum. & Amisfield & Lag for the Shire of Dumfries, ratifying 
the five Articles of Perth), there fell out such blackness & 
darkness, three successive great lightnings, three loud claps 
of thunder, hailstones & prodigious rains, fire in the houses of 
Edinburgh in the morning, called the Black Saturday;" 
This prodigious, tremendous, terrifying, unseasonable weather 
continued all August, began again in October, and on the 4th 
of October, ten arches of the Bridge of Perth were broken 
down by the deluge of waters ; And the Bridge of Tweed 
almost finished at Berwick was broken down. And one or 
two arches of the Bridge of Dumfries next to the Town fell ; 
all as tokens of God's displeasure against the cowardly Com- 
missioners & the places who sent them, in concurring to destroy 
the Church of Scotland. So that it may be apply'd, that for 
120 years these places & families have not prospered. 

As to the falling or demolishing of the one or two arches of 
the Bridge of Dumfries nigh the Town, I remember, says mine 
Author, a tradition from some old people in my hearing, half 
a century ago, that a worthy Presbyterian Minister being 
lodged in the house on the east of the Frier's Vennel, named 
Lag's Lodging, did all that day & till twelve o'clock at night, 
watch and enjoin the people to watch & pray, for that some 
strange occurrence would fall out that night; And that he 
himself did watch & heed-fully observe the swelling of the 
river Nith, with the great tempest of wind and rain; And 
said that he perceived a Moles or monstrous bulk as of many 
stones or trusses of hay together come down thro' the Bridge, 



90 AN INTRODUCTION TO 

which took away one or two arches between eleven and twelve 
at night about that time. 

As to the Kirkyard or Burial places of the Inhabitants of 
Dumfries, there is a visible error & inconveniency suffered & 
affected by the whole Corporation, whereby they are marred 
& hindred in their burying the dead, in permitting large grave- 
stones to be erected with inscriptions, to stop the way to other 
graves. The remedy is obvious, to declare by Act of Council, 
to facilitate the road of carrying corpses, that every erected 
stone stand two years, & thereafter be laid down, & failing the 
doing thereof, that the Beadles do the same and have warrand 
to poind for the expenses thereof. 



ADDENDA. 

By R. Riddell, of Glenriddell, Esq., F.A.S., &c., &c. 

Pinkerton, in his notes on Barbour's Poem of the Bruce, 
says that Dumfries (in that old Poem called Drumfrese) was 
the celebrated Castrum-puellarum : — Dun — mons, castellum, 
and Pre — puella nobilis — See the Glossaries of Wachter, 
Verelius. — So he makes it Dun-Fre or Dunfre. I own I think 
this a very whimsical derivation, but took it down that it may 
be brought forward among other conjectures as to the name 
of Dumfries. 

R. R. 

I think the following a better derivation of Dumfries, — 
Dum — friese — or Domus fratrum, i.e., the House of the 
Bretheren, alluding to the friary there. 

[R. R.] 



THE HISTORY OF DUMFRIES. 91 



NOTES. 



1. — This MS. is now contained in Vol. XI. of the Glenriddell 
MSS. at the Library of the Society of Antiquaries, Edinburgh. 
The volume is entitled " The Antiquity of Scotland." At the first 
page of the volume is a water colour 45 x 2^ inches of the old Brig 
of Dumfries from the Castledykes, showing the original nine arches. 
The collection is called after Robert Riddell of Glenriddell who 
formed it. 

2. — The Johnstones of Elshieshields^ are one of the oldest 
branches of that great Border family. As is to be expected many 
different ways of spelling the name of this property are to be met 
with— Achsheselis, Aschescheillis, Alchiesheils, Alschescheillis, 
Elcheschelis, Elcheshields, Elschelis, Elscheillis, Elscheschelis, 
Elscheschiells, Elschescheilis, Elschiesheills, Elschishaillis, 
Elscheicheillis, Ellschelles, Elsischeillis, Elzhesillis, Escheles, 
Elsyshieles, Eschescheillis, Eschescheilis, Escheschelis, Esshesheillis, 
Esscheschellis, Eshieschiellis. The property is not a large one 
and lies entirely within the parish of Lochmaben. 

It has not been possible to ascertain when the Johnstones of 
Elshieshields separated from the Johnstones of that Ilk, but the first 
one of whom we have record is Gavin Johnestoun, commonly called 
Gawen of the Wood (? Lochwood), who is reputed to have been a 
son of Johnstone of Annandale. In 1419 he appears as husband 
of Mariota Scott and must have lived till 1485 (Hist, of John- 
stones, p. 29). His eldest son Archibald predeceased him and his 

I. The history of the family has been given in some detail in Miss C. L. 
lohnstone's " History of the Johnstones." Her notice of the family is, however, so 
entwined in the accounts of other branches of the great family of Johnstone, that it 
is not accessible in ready form. Further, the value and importance of that 
exhaustively compiled volume is sadly impaired by the lack of references. 



92 NOTES. 2 

younger son William inherited Marjoribanks (ibid. p. 30). He 
was succeeded by his grandson Gavin Johnstoun who was seised of 
the property in i486 as heir to his grandfather (ibid. p. 29). But 
he soon had cause to deny his heirship. The deceased Gavin had 
owed a hundred merks to John, Lord Carlile. On his death Lord 
Carlile summoned Gavin the heir for payment and on Gavin denying 
that he was heir, judgment was given in favour of Lord Carlile for 
that sum (A.D.C. 74). This was not the only difficulty that beset 
Gavin. As heir to his father Archibald and with the assent of his 
tutor William de Johnestoun, he claimed certain goods to the value 
of £20 from Gavin of Johnestoun of Esbie, who may have been 
his uncle and who pleaded that the claimant was a bastard (A.D.C. 
65). Gavin the younger does not figure much in the records, but 
we know that he was a defendant in the case of Glendinwin v. Adam 
de Johnestone of that Ilk in Nov. 1498 (A.P.C. 34). 

His son William was seised of Elshieshields in 1520, for in 
Nov. of that year nonentry and relief was paid to the sheriff of 
Annandale for the £\2 land of Esby, the one merk land of 
Elschelis and the \ merk land of Howis of old extent, sasine being 
given at Glasgow to William Johnestoune " de eisdem " (Ex. R. xiv. 
635)- William was twice married; firstly to Katherine Douglas, 
when he resigned the lands of Esby and obtained a new infeftment 
for themselves conjointly, and for their heirs, in Sept. 1521 (R.P. 
p. 14). 

He married secondly circa May 1528, Katherine daughter of 
Sir Alexander Kirkpatrick of Kirkmichael, transferring to her at 
the time the lands of Elshieshields and Esby. This was confirmed 
on 20 May 1530 (R.M.S. 1513-46, 939), and a fee of ;^5 composition 
was paid therefor (L.H.T. v. 341). William was still alive on 9 Oct. 
1535 when he served on an assize for the retour of Simon Carruthers 
of Mouswald as heir to his father Simon (R.P. p. 18). 

We have mention of only one other son of Gavin the younger- 
Archibald who was in possession of Greskine (Graskine) and Mel- 
lingshaw which pertained heritably to Lord Herries. On 10 March 
1527-8 he sold these lands to John Johnestoun of that Ilk for a 
price not stated. He was sufficiently educated to sign the docu- 
ment himself (A.B. i. 16). 

It is not known when William Johnston died, but on 10 March 
1549 we find John of Johnston of Elzhesillis witnessing a Kirkpatrick 



2 NOTES. 93 

bond of manrent (Bk. Carl. ii. 475). In 1560 he was called upon 
to support the chief of his clan in keeping the peace on the 
Borders (Drumlanrig Papers, i. p. 22) and again in May 1564 he 
is mentioned with several others of the name of Johnstone in a 
bond of manrent to the Laird of Drumlanrig (D.P. p. 68). 

At some date which we cannot fix, John Johnstone appears 
to have suffered escheat, for John Johnstone of that Ilk in making 
his testament in 1562 left his eldest daughter to the Master of 
Maxwell who was to provide her in marriage with the profit of 
the Laird of Elshieshields' escheat. But as is well known the 
marriage never took place (A.B. i. clxi.). On 8 Jan. 1571 John John- 
stone witnessed a charter at Lockwood Tower (R.M.S. ii. 2126), and 
on II May 1573 he was appointed an arbiter in a deed of submission 
whereby John Johnstone of that Ilk agreed with the Grahams and 
Irvings to lay their differences before friendly arbiters (A.B. ii. 32). 

John Johnstone died in Dec. 1574. Only a few months before, 
he appears to have got formal sasine of his property, the sheriff 
accounting for the fermes stated to have been in the hands of the 
King for 28 years owing to the lapse of ward and nonentry (Ex. 
R. XX. 470). From this we may surmise that he succeeded his father 
in 1546 but never paid his feudal dues till the year of his death. 
Indeed even the legal formalities of succession do not seem to 
have been complied with till 9 Oct. 1574 (Inquis. Spec). The 
contents of John Johnstone's will are given by Miss Johnstone (p. 
30). 

In March of the following year we find William Johnstone of 
Elshieshields serving on an assize at Lochmaben (R.M.S. iii. 2741). 
He must have occupied the same position of prominence as his 
father, for when in 1575 the Armstrongs complained to John 
Johnstone of that Ilk that the Johnstones of Cragoburne had stolen 
some nags from them and received in reply a letter which " we 
thenk weray scherpe," the Laird was chosen as an arbiter (A.B. ii. 
273). In Dec. 1578 William or as he was usually designated 
Wilkein or Wilkyn (probably to distinguish him from his younger 
brother William) was an arbiter in a bond of submission by cer- 
tain members of the clan (R.P. p. 26), and later (3 Jan. 1579) 
he bound himself to support his chief in a pledge to the King to 
keep the peace (R.P. p. 27). Wilkin was not infeft in the family 
estates till 1580 (Ex. R. xxi. 444), the sheriff acknowledging pay- 



94 NOTES. 2 

ment of £s^ scots dues. He had several brothers who took an 
active part in the disorders of those turbulent times. In 1584 
Adam and William, brothers of Wilkin, were arraigned before 
the Privy Council for attacking John Hoddam in Kirkmichael, 
whilst peacefully ploughing, smashing his plough and cutting off 
his thimib : —both the Laird and his Chief had to go surety for 
them in 500 merks (R.P.C. iii. 725, 728). In 1586 Wilkin and his 
brother Robert were again the object of the Privy Council's regard, 
though the crime is not stated (R.P.C. iv. 88). In Nov. 1589 Wilkin 
was at Peebles at a meeting convened by John Lord Hamilton 
concerning the peace of the Borders (A.B. ii. 26), but his conduct 
was suspected, for in Sept. 1590 Robert Poore burgess of Edinburgh 
went surety that Wilkin would relieve the Wardens of the Marches 
for all " attemptatis " committed or to be committed by him (R.P.C. 
iv. 809). This bond was cancelled by another one to the same effect 
dated 29 Nov. 1597 by Wilkin himself and John Hamilton of 
Ellerschaw in 2000 merks (R.P.C. iv. 744). As might be expected 
the family were in the forefront at the battle of Dryfesands, 
William, Adam and James brothers of the Laird being given respite 
for the same (Bk. of Carl. ii. 498), and in the following year (Jan. 
1595), Willie ''or Adie " Johnstone of Elshieshields was given up to 
the King by Sir John Johnstone of Dunskellie as a pledge for 
" the gang of Brumel (Broomhill) and Elscheschelis " (R.P.C. v. 
759). Adam was again in trouble in Nov. 1598 for harming Alexan- 
der Kirkpatrick of Kirkmichael and occupyiffg his lands of Scarbra 
(R.P.C. v. 708). The following year the Laird was acting once more 
as an intermediary — between the Earl of Angus and Lady Johnstone. 
The clan had seized Lochmaben Castle and the Earl wished to 
dislodge them. Whatever form the Laird's efforts may have taken, 
the clan neither gave the required pledges nor did they give up the 
castle (A.B. i. cxxxvii.). 

The struggle between the Maxwells and the Johnstones that 
culminated in Dryfesands was not easily allayed. In Feb. 161 2 
Lord Maxwell and a party of 20 attacked and slew William John- 
stone in Dal&bble, brother of the Laird (R.P.C. viii. 767), an 
incident which is adequately dealt with by Miss Johnstone and 
Sir William Eraser. It has been suggested (Bk. of Carl. i. 309) 
that it was the Laird who was slain, but this can scarcely be the 
case for in Jan. 1606 we find that " William alias Wilkin " John- 
stone of Elshieshields granted to his second son James, the family 



2 NOTES. 95 

estate and also a tenement in the burgh of Lochmaben and the 
two merkland of Maxton in Teviotdale (R.M.S. v. 1691). This 
grant was only a feu for in 1610 James Johnstone " callit fiar of 
Elshieshields " goes caution for his father Wilkin (R.P.C. ix. 658). 
At this period Wilkin is to be found serving on the assizes that 
retoured Robert Johnstone of Newby and James Johnstone of that 
Ilk in Sept. 1608 (A.P.C. 855 & 989). Another allusion to him in 
Feb. 1610 is in its brevity and incompleteness exasperating — " ane 
delyverance past in favour of the Laird of Esshesheillis for 
deserting of the day of law anent the slaughter of the brethrene of 
Brigmure" (R.P.C. viii. 421). The family were unusually tur- 
bulent that year. In August the Laird and his son James had to 
find Sir John Charteris and Sir Alexander Kirkpatrick of 
Kirkmichael as sureties that they would keep the King's peace and 
not carry hagbuts or pistolets (R.PC. ix. 655), and next day the 
Laird received letters of remission, for offences not stated, for him- 
self, James, Archibald, William and Adam his sons, Robert his 
brother and John (perhaps a son of Robert) his nephew (R.M.S. 
vi. 370). The following month he had to go surety for two of his 
sons (R.P.C. ix. 658). It was just as well that the family obtained 
the remission, as Archibald the Laird's son was haled before the 
Privy Council in 161 1 charged with carrying hagbuts and pistolets, 
and pleaded successfully that the offence was covered by the 
remission (R.P.C. ix. 301). A few years later the Laird is found 
in a new role, signing as Provost of Lochmaben on 10 Sept. 161 7 
a bond of good conduct (R.P.C. xi. 226). Later, his sons Archibald 
and William appear as unsuccessful pursuers in an action against 
Adam Johnstone in Lochmaben for stealing seven sheep (R.P.C. 
xiv. 676). 

By this time Wilkin the Laird must have reached a great age, 
which perhaps may account for his being relieved of acting as a 
surety for Patrick Ewart in 1623 (R.P.C. xiv. 694); but it did not 
deter him from serving on an assize in Oct. 1624 (A.P.C. p. 55). 
It is not known when he died, though Miss Johnstone suggests 1626. 
At any rate we find in 14 Feb. 1628 his son Archibald, designated 
of Elshieshields, given power to search for, and apprehend certain 
persons put to the horn (R.P.C. ii. 2nd ser. 229). 

This Archibald, the new Laird, was the third son of Wilkin, 
having succeeded his elder brother James in the lands of Esby and 



96 NOTES. 2 

Elshieshields in April, 1629 (Inquis. Spec.). The following year 
he was retoured heir to Wilkin his father in the | merkland of Howis 
in the parish of Annan (Inquis. Spec). In Jan. 1630 he appears 
as a defendant in the case of James Johnstone of that Ilk v. Robert 
Earl of Nithsdale and others (A.P.C. p. 872). Archibald, when 
he succeeded, can hardly have been a minor, and when we read of 
Adam Johnstone tutor of Elshieshields in 1635 (A.P.C. 878) it is 
probably a designation retained rather than effectual. Adam the 
tutor may have been Archibald's uncle, and we know that he had 
a brother called William who was guilty of an offence not to be 
lightly tolerated even in those easy times (R.P.C. v. 2nd series, 146). 

Archibald Johnstone was dead by 1647, his son John being 
retoured heir in Elshieshields, Esby and Howis on 23 Nov. (Inquis. 
Spec). For some unknown reason he was not retoured till 23 Feb. 
1655 as heir to his father in the Mylne of Lochmaben and the 
mylnelands thereof together with the Walkmylnesteid and Walk- 
mylnburn, and 5 roods of land lying in the crofts of Lochmaben 
which were held " service of burgh due and wont " (Inquis. Spec). 

John Johnstone was a captain of foot in the Dumfries Militia 
(R.P.C. ii. 2nd sen 542). In 167 1 he was in conflict with Sir 
Robert Dalzell of Glenae, mutual bonds being given to keep the 
peace, in which John is described as a baillie of Lochmaben (R.P.C. 
iii. 3rd ser, 695-9). I" the same year he came to the financial 
assistance of his chief, James Earl of Annandale (A.B. ii. 311). 
On another occasion this help was repaid in a different but 
characteristic manner. The Laird having been put to the horn for 
nonpayment of a debt, applied for assistance to his chief and 
received the laconic reply, " Dear Elshie, money is as scarce up here 
as it is down with you; but come up here and shelter yourself till 
the blawst blaws by" (A.B. ii. 412). From the Barjarg MSS. 
we learn that John had a daughter Elizabeth married to John 
Irving, tutor of Bonshaw, who had a son John flourishing in the 
reign of Charles II. The tutor was dead before 1691. 

The will of John Johnstone of Elshieshields was proven on 
II Jan. 1688. Miss Johnstone states (p. 32) that he was provost 
of Lochmaben and M.P. for the Dumfries Burghs for 1665-82, and 
that his son and heir Alexander was M.P. for the same in 1693-1702. 
Neither father nor son were ever Members for Dumfries. The 
father was however present at some Parliamentary Conventions as 



2 NOTES 97 

representative of Lochmaben for the years stated, and Alexander 
was M.P. for Nithsdale and the Stewartry of Annandale, 1693-1702. 

Alexander Johnstone was retoured heir on 2 March, 1688 (Inquis. 
Spec.), and was married twice — firstly to Marion Grierson in 1684, 
by whom he had a daughter married to Robert Edgar, writer in 
Dumfries ; — secondly to Janet Carruthers by whom he had two sons, 
Gavin and Alexander. Janet outlived her husband and married 
James Maxwell, of Barncleuch, by whom she had a 6on, James Max- 
well younger of Barncleuch. 

This second marriage of Alexander Johnstone's led to much 
litigation. In his first marriage settlement the property was limited 

(i) to the heirs male of Alexander and Marion; whom failing 

(ii) to the heirs male of the said Alexander by any other 
marriage, 

(iii) whom failing, to the eldest heir female of Alexander and 
Marion, 

(iv) whom failing to the nearest heirs of John Johnstone father 
of Alexander. 

By his marriage with Marion, Alexander had no heirs male. 
His daughter had, however, a son Theodore Edgar, described as 
chirugeon in London, who would naturally have inherited the 
property under the third limitation, should the heirs under the first 
and second limitation have failed. This is what occurred. Gavin, 
the eldest son by the second marriage, died in March, 1732, and 
Alexander his brother died without issue about 1736-7, after making 
a gratuitous settlement of all the estates to his half-brother James 
Maxwell, of Barncleuch, younger. The result was a lawsuit between 
Theodore Edgar and James Maxwell, particulars of which will be 
found in the printed Informations belonging to the D. & G. N. H. & 
A. Soc. It was settled by the sale of Elshieshields by Barncleuch 
to Edgar for ;£'i,ioo (Sheriff Ct. Bks., Sept. 1744). Another claimant 
to the estate was James Johnstone, described in 1738 as "now of 
Elshieshields." He may have been a younger brother of Alexander 
the twice married, claiming under the last limitation. He certainly 
had a disposition from his niece Janet in his favour of the Mill lands 
of Lochmaben. 

In 1738 Theodore Edgar was retoured heir to his grandfather 
Alexander. But Esbie passed to Barncleuch along with Newton in 



98 NOTES. 2—6 

Kirkcudbrightshire, which had been acquired m 1732 from William 
Maxwell, of Nithsdale, for money lent on 4 Oct. 1693, by Elshie- 
shields (Barjarg MSS.). Theodore's descendants are still in posses- 
sion of Elshieshields, and particulars of them will be found in the 
pedigree in Appendix D. 

3.—" These things, like wounds, I touch unwillingly; but unless 
they are touched and treated, they cannot be hedAed."—Livy, Book 
28, cap. 27. 

4.—" Servility makes friends : truth begets hditted."— Terence, 
" Andria," Act I., scene I., line 44. 

5. — This passage is the worst example of its kind in the MS. 
It makes neither sense or grammar. Perhaps it is the fault of 
Edgar's original MS., or else Riddell's copyist has badly mauled 
the text. As it is impossible to correct, the passage is printed as it 
stands. 

6.— Of William Maitland not much more is known than appears 
in the Dictionary of National Biography. Before he took to writing 
history, he was a hair merchant, and in pursuit of that calling had 
travelled extensively on the Continent. When about to write his 
history of Scotland, he issued to the Town Council and Minister of 
Dumfries a list of his queries, of which Edgar preserves a copy. 
Gough, who pretends to mention all the cases in which replies were 
sent to this circular, makes no reference to Dumfries. But it is clear 
that Maitland got a reply, and that his request for further informa- 
tion was acceded to. 

On 26 July, 1 74 1, the Town Council had before it a letter from 
Maitland containing his circular, and a Committee of Provosts— 
Corrie, Crosbie, and Ewart — were appointed to convene with the 
minister of the Parish, who had received a simlar letter, and to draw 
up an answer thereto. 

On 26 April, 1742, the Provost presented a further letter from 
Maitland, which having been read, the following writs were taken 
from the Town's Charter chest, that copies may be taken and trans- 
mitted to Mr. Maitland. 



6—7 NOTES. 99 

(i). Charter of Confirmation by Robert King of Scots to the 
Burgh, dated at Glasgow 28 Ap. 1395. 

(2). Copy signature in favour of the Burgh— dated as on back, 
1670. 

(3). Signed signature in favour of the said Burgh superscribed 
James R., dated at Theobalds, 16 July, 162 1. 

(4). Commission of James King of Scots for keeping 2 fairs in 
Dumfries, dated at Holyrood house 30 Nov. 1392. 

(5). Act concerning Lord Sanquhar and the Burgh, dated at 
Edinburgh, 7 May, 1509. 

(6). Two old transcripts written on parchment, signed by 3 
notaries. 

(7). Rentall of sundry rents & annual rents of the Burgh. 

(8). Charter in favour of John Johnston anent the Brig custom, 
10 July, 1557. 

(9). Charter anent the brig custom by the Countess of Douglas 
to the guardian & common friars, 4 Jan. 1453. 

(10). Charter anent ditto, 16 Jan. 1425. 

Of Maitland, Gough opines " he was self -conceited, credulous, 
knew little, and wrote worse." At any rate, he made no use of these 
writs in his History of Scotland. Perhaps he could not read them. 

In the first edition of his " History of Edinburgh," Maitland, in 
endeavouring to live up to his assumption of public mentor, made 
certain aspersions on John Coutts, the Lord Provost of Edinburgh. 
James Coutts, his son, appealed to the Town Council for reSdress. 
Maitland performed an amusing volte face, as may be seen from 
" Coutts & Co., Bankers, Edinburgh and London," by Ralph 
Richardson, 1901, pp. 44-9. 

7. — The origin of the name of Dumfries has been the subject of 
much learning and fanciful conjecture, which have been well summed 
up by Mr. Shirley in D. & G. N. H. & A. Soc. 191 1-12. Briefly, there 
are 5 theories : — 

(i) Dr. Archibald's, who derives it from an unauthenticated 
" Freezewell." 

(2) The Rev. Peter Rae's, who derives it from Domus Fratrum, 
i.e., the Grey friars. 



100 



NOTES. 7—8 



(3) Buchanan's suggestion that it comes from "dorsum frati" 
referring to the Frith which must once have covered Lochar Moss. 

(4) Edgar's theory, shghtly varied by Chalmers. 

(5) Baxter's theory (17 19), who suggested that it was the same as 
" Opfidum Frisonum" 

A variant of Baxter's is now generally accepted, Skene having 
held that is signified the Castle of the Frisians, and Sir Herbert 
Maxwell having endorsed it. Procopius, writing in the i6th century, 
stated that Britain was inhabited by " Angiloi, Phrissones, et Brit- 
tones." In the Saxon Chronicles the Frisians are referred to as 
Fries or Fres. Nennius refers to the !^ri4^h of Forth as " Mare 
Frescium," and in mentioning the principal towns of Britain, notes 
Caer-Breatan (Dumbarton), and Caer Phaeris — the Castle of Phaeris. 
If analogy is to be relied on, then clearly Caer Phaeris is Dun- 
Phaeris, or Dumfries (Maxwell's "Dumfries and Galloway" p 33). 



8. — The Moatlands, though held by the Maxwell family, were 
quite separate from their adjoining property, where stood the Town 
House of Lord Maxwell. Burnside, quoting the Goldie MS., states 
that the Moat was acquired by the family in 1299. There is little 
to support this The property — a £^ land — was held of the Crown 
and not Burgage (D. & G. N. H. & A. Soc, 191 2- 13, 344). As late 
as the end of the i8th century it is described as in the west part of 
the Town (i.e., to the west of the High Street and Staikfurde). If 
doubts are entertained as to the 1299 grant, it is possible that 
the Moat was what was granted to Sir William de Douglas of 
Nithsdale, circa 1387 (R.M.S. new vol., p. 647). On his death in 
1392, it may be conjectured that the Moatlands passed with the 
Lordship of Nithsdale to his son William de Douglas of Nithsdale 
who figured as a witness in Feb. 1406-7 (Reg. Hon. de Morton ii., 
204). Sir W. Fraser thinks the son died prior to 1438 (Douglas Bk. 
i., 358), but it seems clear that he was dead by 6 Dec. 1408 when 
Henry Sinclair 2nd Earl of Orkney, figures as " dominus Vallis 
de Nyth " (Lag. Charters), apparently in right of his wife, Egidia 
daughter of Sir W. de Douglas de Nithsdale (i) & Egidia daughter 
of King Robert II (Scots Peerage vi., 570). If this conjecture is 
correct, the Moatlands must have reverted to the Crown at a later 
date. 



8—9 NOTES. loi 

Nothing more is heard of the property till 31 Jan. 1466, when 
Robert Lord Maxwell had sasine of some land in Dumfries. (Ex. 
R. vii. 431). This is the first record of land within the Burgh in 
possession of the Maxwells. The land was a £$ land, and had 
been in the hands of the King for non-recovery of sasine for 6 
years. During this period ^^30 of arrears of fermes had accumu- 
lated (ibid. 433), nor had they been paid off by 1478 (Ex. R. viii. 555). 
By 1534 Lord Maxwell had parted with possession of the Moat- 
lands, though he retained the superiority over it which is mentioned 
on 28 July as being in Robert Lord Maxwell's hands (R.M.S. 
1513-46, 1402). In Feb. 1535, Robert Maxwell, of Conheath had 
sasine (see Appendix No. A. 29), and the Conheath family were still 
in possession in I584,^we know from a sasine " Done at the ground 
of the said lands at the Moit." 

A clue to future research may be obtained from the Aitken MSS. 
" 1671. Sasine of John Irving, elder, merchant & Agnes Carlyle his 
spouse in 5 acres of land within the parish, called the ecclesiastical 
moatlands of Dumfries." But this surely relates to the Kirkland 
Moat. 

9. — The treatise, sometimes called " Quoniam Attachiamenta," 
from its initial words, is composed chiefly of rules of Court, styles 
of brieves, and other legal matter. It is also sometimes referred to 
as " Lftges Baronum." It is one of the oldest compilations of the 
Laws of Scotland, and may be safely attributed to the latter half 
of the XIV. century, though parts of it are much older (SA.P i. 43). 
It was based on the now lost national records. There is no proof 
whereby these particular Acts can be ascribed to a specific year of 
King David's reign. 

Edgar's reference is apparently to Skene's Collection of the 
Laws of Scotland, in which Quoniam Attachiamenta figures. Chap- 
ters 72 and 73 of it contain the Laws adjudged against the Galloway 
men, and are the same as in Scots Acts of Pari. i. p. 56, where they 
are more properly arranged under the Assizes of King William. 
This, doubtless, is the source of Edgar's confusion. The Laws 
were as follows : — 

(i) At Dumfries, it was jugit by the jugis of Galowa that if 
ony Galowa man be convicted by order of battle, or by any other 
way the King's peace broken, the King shall have of him 12 scorce 



102 NOTES. 9— II 

cows and 3 gatharions (gelded horses), or for each gathahon nine 
cows, which are in number 27. 

(2) No Galowa man ought to have a jury except he refuse the 
law of Galowa and ask for a jury (visnet). 

(3) Then, there, the same day, by the same jugis, it was jugit 
that if anyone in the place where that battle is wagit when peace 
should be halden, happens for to spek outar thaim that are to 
keep the place, the King shall have of him 10 cows in forfault. 
And if any man puttis his hand to or makis a takyn with his hand 
he shall be in the King's merciament of life & limb. (S.A.P. i. 56. 
See also Skene, i6og, p. 126). 



10. — The reference is to Sir Edward Coke, whose surname was 
pronounced, and often written, as Cook. The passage occurs in his 
Fourth Institute (p. 43, the old paging is preserved in all editions). 
Edgar is confounding some of Edward I.'s Letters and Proclama- 
tions with Acts of Parliament. There is evidence to show that 
Edward I. was at Dumfries on July 9 and 10 and 15 and 16. On 
the 15th he issued a Proclamation concerning the imprisonment of 
some Yorkshire footsoldiers who had deserted (Foedera 18 16, Vol. i. 
pt. ii. 921). Though Edward must have passed through the town 
on August 27th, there is no record of his being there again till Oct. 
19th, when he seems to have been continuously at Dumfries till Nov. 
1st, returning to Carlaverock and Carlisle on the 2nd and 3rd of that 
month respectively (Craib's MS. Itinerary). The Close and Patent 
Rolls amply attest Edward's activity on public business on Oct. 23rd 
and during the rest of his stay at Dumfries. But Parliament did 
not meet there. A Proclamation was, however, issued on Oct. 30th 
concerning the truce granted to the Scots at the mediation of the 
King of France, notification being sent that day to Patrick de Dun- 
bar, Earl of March, Simon Fraser, guardian of the Forest of Selkirk, 
Robert de Maulaye, Lord of Drilton (Dirleton), and John Bourdon, 
sheriff of Berwick-on-Tweed (Foedera 18 16, Vol. i. pt. ii. p. 924). 



11— The Rig's Chapel was the Chapel of the Willeis, dedicated 
to the Virgin Mary, which lay by the foot of the Stinking Vennel 
(Bank Street). At the Reformation the property was acquired by the 
Rig family, and for long went by the name of Rig's Chapel. It was 



II NOTES. 103 

used by them for dyeing and tanning. The family was at one time 
of importance and opulence in the Burgh. In May 1476, there is 
mention of Thomas Rig & Margaret his wife (Maxwell 
Inventory, 30). In the year 1 506 Cuddy Rigg, " f ethelar," 
received 9/- payment from the King. In 1511-12 he was 
again in receipt of 13/- (L.H.T. iv. 325). Amongst the 
witnesses to the charter of the altar of St. Crucis in 1506 were 
John and Hugo Rig (R.M.S. 1424-15 13, 3010). John, who was a 
burgess, owned a seal, used in Jan. 1517 by Gilbert Mackclelane 
(Bk. of Carl. ii. 457). He was slain by Huchoun Galloway in the 
Newtown, prior to 16 May, 1516 (R.S.S. i. 2770), In August 1527, 
another John Rig witnessed a Douglas Charter at Dunscore (R.M.S. 
1513-46, 499), and he appears again in 1537 (ibid. 2083). He may 
have been the John Rig who obtained a charter of Meikle Dry- 
burgh from Lincluden in 1559 (McDowall's " Lincluden," 128). In 
1550 a Peter Rig was a burgess (R.M.S. 1546-80, 556) and had a son 
named John (Aitken MSS.); but with notices of so many John Rigs , 
it is very difficult to identify them. In 1560 and 4gjn in 1566-7- ' 
James Rig was a bailie (Ex. R. xix. 1 17 and 372), and as such signed . 
the Band of Dumfries in 1570 (R.P.C. xiv. 66). In 1567 he had been 
Provost. In 1580 he obtained letters of legitimisation for his son 
James (R.M.S. 1546-80, 3017), who was retoured his heir in 1591, 
and may be identified with a notary, who had an extensive practice 
in the district (R.M.S. 1580-96, 130). The notary's sister Agnes 
married Thomas Maxwell burgess, and brother of John Maxwell of 
Kelton (McKerlie iv. 8). The notary was dead by 1 597, when his son 
William was a cautioner (R.P.C. v. 682). William Rig also was a 
notary (R.P.C. xix. 563), and perhaps the James Rig who occupied 
lands adjoining Mildamhead in 1607 was his brother (R.M.S. 
1 593-1608, 1834). Another James Rig, "medicus," witnessed a char- 
ter at Dumfries in 1586 (R.M.S. 1580-96, 1989). As burgess he 
figures in bands of caution in 1597 and 1628 (R.P.C. v. 682 and xvi. 
291). He or his son of the same name married Bessie Gledstanis in 
July, 1622 (Edin. Mar. Reg.), and later Margaret Norton, to whom 
he gave a liferent in Dumfries property on 7 March, 1642 (Dumfries 
Reg. Sas.). He was dead by April, 1649, when his younger brother, 
Robert Rig, was retoured his heir. 

Some of the family were Churchmen. In 1575 a Schir Cuthbert 
Rig, writer in Dumfries, is recorded (Hist, of Johnstones, 93), and to 
the numerous progeny of Dom John Rig, chaplain in Dumfries, and 



104 NOTES. " 

prebendar of Lincluden since 1547, we owe most of the genealogical 
difficulties connected with this family. In Dec. 1575, Dom. John 
obtained letters of legitimisation for his son George Rig, with rever- 
sion of his property to another of his sons, John Rig, dyer (R.M.S. 
1546-80, 2476). Dom. John was brother of Peter Rig (1550). 
whose son John was heir of line to the prebendar (Aitken MSS). 
The prebendar was dead by 1580, when there are references to his 
tenement and land lying between the Stinking Vennel and the Myl- 
burn (Laing, 997). His son, John Rig, the dyer, acquired from Dom. 
John Edgar, chaplain in the church of Carlaverock, 2 acres of land 
in Dumfries, lying between the above tenement, the land of Adam 
Walker and the Laripotts, for a rent of 24/8d. The dyer was dead 
by 1598, when the 2 acres were in the possession of the Haliday 
family (R.M.S. 1 593-1608, ^^^y The descent of George Rig, erst- 
while bastard son of the Prebendar, is confused by the existence of 
another George Rig, also a bastard and son of John Rig in Dunreg- 
gane, notary. The latter had a charter of the 2\ merk land of Dun- 
reggane in 1623 (R.M.S. 1620-33, 566), parting with it again in 1626 
(ibid. 1 1 29), probably at the instigation of Drumlanrig, whose bailie 
he was (R.P.C. xviii. 296). He was dead by 1636, leaving a son 
William and 2 daughters, Janet Rig, and Marion Rig, who was 
married to George Rig, son of the Prebendar. George Rig, son of 
the Prebendar, was a merchant burgess and deacon of the Crafts. In 
1608, along with James Rig, also a deacon, he obtained relief from 
a suretyship (R.P.C. viii. 170), having just before been ordered into 
ward in Fife in connection with the Maxwell rebellion (ibid. 153). A 
curator of James Lindsay of Barcloy in 1624 (ibid. 666) he received 
a grant under wadsett of the 18 merk land of Hillis, and the 5 merk- 
land of Nunland, together with the Kirk lands of Lochrutton (R.M.S. 
1633-52, 433).^ He died in Dec. 1636, (see his will in Edin. 
Tests, where "is mentioned Barbara Rig, sister of Dom. John, and her 
son David Williamson), his daughters Mariota and Elizabeth being 
his heirs. A branch of the family must have settled in Glencairn, 
as John Rig, notary, was practising there in 1605-23 (R.P.C. vii. 584 
and Laing, 1916), and John Rig, messenger in Dunreggane, who in 

1. In Oct. 1596 a John Rig obtained 2 acres of Carlaverock Kirkland, ia the 
Burgh, from his dead brother Archibald, son and heir of John Rig of Chapel. 
(Aitken MSS.). 

2. On 10 Jan. 1566, Catherine Rig, spouse of John Maxwell, of Hillis, was 
liferented in Laggan (Colvend) by James Lindsay of Barcloy (Aitken MSS.). 



II NOTES. 105 

161 8 brought an action for grievous assault against Andrew Rory- 
sone, of Bardannoch (R.P.C. xi. 450), also came from there. 

The family seem to have adhered in part to the old faith. The 
proceedings against Robert Rig, wright, for marrying in 1634 Elspet 
Maxwell, " callit of Conhaith," in the fields, with popish ceremonies, 
are well known (R.P.C. xix. 260). Elspet, who in 1626 kept a hos- 
telry in Dumfries, which was notorious as a shelter and tryst for 
Papists (R.P.C. XV. 427-8), was excommunicated, and Rig, who was a 
Wright at the Brigend, was imprisoned at Edinburgh (Hist, of John- 
stones, 107). He was dead by Dec. 1655, when his son Edward was 
apprenticed to a wright in Edinburgh. His children, Edward and 
Barbcira, were his heirs portioners. 

Returning now to Hugh Rig, witness in 1506, his son may 
be identified with Mag. Hugo Rig, burgess of Edinburgh, who 
acted as procurator and witness to numerous legal documents. Not 
only do the Burgh Court Books contain several references to him in 
Dumfries, but also in 1534, 37, 40, 41, and 42 he rendered the 
bailies' accounts to the Exchequer (Ex. R. xv. 371). On 10 Nov. 
1537, he was admitted an Advocate. Next year he was justice- 
depute for the Earl of Argyle (Lord Wigtown's Charter Chest, 82). 
In June, 1539, along with his wife, Janet Hoppar and his son James, 
he obtained from the Monastery of Dunfermline, a ig years tack of 
Carberry, county Edinburgh (Laing, 431), which tack was turned 
into a ^ in April, 1541 (Laing, 453), and confirmed by the Pope in 
1544 (ibid. 485, and 528). In 1545 he was collector of taxes (L.H.T. 
viii. 397), rendering account at Linlithgow on 25 June (R.P.C. i. 5). 
In March, 1546-7, he was procurator for Michael Lord Carlile in a 
lawsuit touching the lands of Torthorwald and Roucan (R.M.S. 
1546-80, 75). In 1547 his servant received 6/- for remaining with 
his oxen with the artillery (L.H.T. ix. 119.). He was dead by i July, 
1555, when James Rig, his son natural, was infeft in Carberry (Laing, 
633). A pedigree of his family will be found in Appendix D. 

Another Edinburgh family named Rig, which was clearly con- 
nected to the Carberry branch, was that of Aitherney, sprung from a 
William Rig, burgess, of Edinburgh, who witnessed a Carberry 
charter in 1598 (Laing, 1355). He was probably a son of Magister 
Hugo, and was a bailie in 1612 and 1615 (R.P.C. ix. 407). His con- 
nection with Dumfries is easily established (R.P.C. ix. 21). Another 
Edinburgh branch was descended from Patrick Rig, cousin of James 



io6 NOTES. II— 13 

Rig of Carberry, who was a cautioner for Carberry in Feb. 1562 
(Cal. of Deeds, vi. 49). Patrick had 2 daughters, Marion and Janet, 
in 1580 (Cal. of Deeds, xviii. ii. 98), by Elizabeth Hoip, his wife, 
obtaining a tack of a house in Queen Street, Edinburgh, from James 
of Carberry, on 12 Ap. 1564 (Cal. of Charters, 1947). He was 
probably the ancestor of William Rig, elder and younger, merchant 
burgesses of Edinburgh. 

Ha.— The Townhead Street from the Moat to the head of the 
High Street had, in Edgar's day, three turns. Church Crescent 
did not then exist, and the road from the Townhead Port (which 
crossed the Street at the east end of Kerwyn Terrace) was by 
Academy Street, Queensberry Street and St. Andrew's Street. 

Castle Street and the streets north of St. Andrew's Street and 
Friar's Vennel were opened up in consequence of the building of 
the New Bridge in 1794. St. Andrew's Street and Friar's Vennel 
were practically continuous. 

12. — There seems no ground for Edgar's statement that the 
Kingholm was formerly called Comyn's holm. As early as 1335-6 
the sheriff of Dumfries answered for the Castle Mote and certain 
demesne lands called Kyngesholm, formerly of the annual value of 
60/ -s, from which no rent was drawn that year owing to the devasta- 
tion of the town (Bain iii. p. 318). The land cannot be proved to 
have belonged to the Corny ns, or forfeited to the Crown. 

Perhaps Edgar has confused Kingholm with Coningholme, 
which was the common name given to Dalgarnock Holmis, alias the 
Holmis of Nith, which Roger Grierson of Lag granted to his future 
daughter-in-law in 1593 (Liv. 3210). 

It is not commonly known that in 1749 liberty was given by the 
Town Council to certain gentlemen to play at " goaff " on the lower 
Kingholm at the proper seasons (T.C.M. 24 Oct). 



13. — Amongst the Town Charters is a disposition by Robert 
McBrair, of Netherwood, to the Provost and Town Council of Dum- 
fries, of all and haill those 4 acres of land, or thereby, with the braes 
adjacent thereto, betwixt Sinclair's Vennell on the North, the brink 
of the water of Nith on the west, the little yard lately taken in by 
the vendor off the south corner of the said four acres on the 



13—15 NOTES. 107 

south, and the Queen's high road on the east, with the teynds, etc., 
thereof, together with his lands of Castledykes, holden of the Burgh 
in free burgage for service of Burgh due and wont. There is a 
clause of warrandice, and the witnesses are Robert Boyd, writer in 
Dumfries (who wrote the document) and Joseph Corrie, servitor to 
John Lanrick, of Terrery, 4 Nov. 1707. As Edgar shows elsewhere, 
the price was 11,000 merks. 

14.— Surely the word should be '"coble" (a fishing boat). 

16. — The devolution of the Burgh fishings in the Nith is very 
complex. Briefly, the fishings were included in the Burgh Charter 
of 1395 — " excepting the fish given and conceded in the spirit of 
Divine charity to the Minorite Friars." This was confirmed in Oct. 
1458. The town set the fishings to various tacksmen. Thus in April, 
1524, Adam Wallace resigned into the hands of bailies, David 
Newall and John Bate, the tenancy of the quarter fishings which he 
held of the Town. A new set of them was made to Johne Halydaye. 
On 23 April, 1569, the Burgh obtained a Royal Charter of the pro- 
perties and rights of the Grey Friars, which included their fishings. 
The Burgh, however, did not benefit, save in regard to the feu duty 
of £6, in so far as the fishings were concerned, for the Macbrair 
family held them under a feu from the Greyfriars. (See Moir Bryce, 
ii. 108). 

On 7 April, 1575, David Welsch and Tom Mumorson " fischer " 
obtained from the town a 3 years tack, at £^ scot, of the fishing 
known as " Archibald Macbrair's Quarter water," i.e., " the tyde of 
the said Quarter water of the Willie Pule, Glengae, fra the chapel 
of the Willies up to the march of the water of the College of Lin- 
cluden, as also the after tyde of his own water following next the 
said tyde of the said Quarter Water." Macbrair's Water seems to 
have been bounded on the south by the water of the Laird of Lag, 
and on the north by the water commonly known as Glengae.' This is 
the description of them in a tack of half of them on 10 May, 1592, 
by Robert Macbrair, of Almagill, to his brother John. Lag's Water 
is defined in a tack to Homer Glencorss, dated 15 May, 1629, as 
" boundit betwixt the Yel low-hair- furd and Cargane Water- futt, 

I. A John Elidun of Glenga flourished in 1367 (Reg. Hon. de Morton II. 64). 



io8 NOTES. 15—16 

otherwise called Powsonce, the rentall being 60 salt salmon." Apart 
from the Friar's fishings, which must have stretched along the green- 
sands to Castledykes, the Town feued out its fishings to the Cunyng- 
hame and Maxwell of Middlebie families. Middlebie's water must 
have lain between the Friars' Water and the Cunynghame water, 
which was called " the Ovir water, bounded betwixt the Caul callit 
the Chapel Caul (at the bottom of Bank Street), and the Pinfall- 
burne." In 1632 Adam Cunynghame had sasine of this fishing, and 
one-half of the Lordeburn meadow, liferented to Elizabeth Maxwell, 
relict of Herbert Cunynghame. 

In 1709-10 the salmon fishings in the Nith were made the sub- 
ject of enquiry on Letters of Horning raised by the Town Council 
against Barncleuch, who was in possession of the Macbrair lands 
and fishings. 

The Nith fishings, therefore, in the immediate vicinity of the 
Burgh, started with Netherwoods fishing on the south, then Lag's 
fishing, then the Castledykes fishing, followed by Duchrae's water, 
with Cunynghame fishing on the north, next the Lincluden waters. 
Over the Castledykes, Duchrae, and Cunynghame waters, Middlebie 
had a right of fishing one day in seven. Duchrae's fishing, which 
had been acquired by William Stewart, of Castle Stewart, was dis- 
posed of by him to Richard Lowthian on 28th June, 1784. 



16. — This passage helps us to date Edgar's MS. with some cer- 
tainty. He states that the Town Council and merchants " are acquir- 
ing '' land for a better port. This implies that the negotiations had 
begun but had not been completed. Early in 1746 William Maxwell, 
of Nithsdale, presented to the Town 6 acres of land at Glencaple, to 
be used for a harbour. The Town Council, in return, granted a relief 
of all customs at the Brig Port, on any goods or wares passing over 
the Brig for the use of the Hon. William Maxwell, of Nithsdale, or 
his family (T.C.M. 9 June, 1746). It is scarcely conceivable that 
Edgar would have omitted mention of these transactions had he been 
writing after they had taken place. Nor would he have been silent 
over the building of a Beacon 14ft. square and 30ft. high at Satur- 
ness by the Town Council, in connection with the Glencaple shipping 
(T.C.M. 12 Sept. 1748), for which permission had to be obtained 
from the Lady Preston as Tutrix of her daughters (T.C.M. 17 Oct. 
1748). 



17—19 NOTES. 109 

17. — The effect of smuggling from the Isle of Man on the 
legitimate traders of the Burgh is amply illustrated by a Petition 
of the Burgh to the Convention of Royal Burghs in 1709 (See 
Appendix A, No. 48). It is probable, however, that the burgesses 
were as deeply implicated in the illicit trade as the gentlemen Free- 
holders. In 171 1, when it was proposed to revise the taxt roll, 
Robert Corbett, Commissioner for Dumfries at the Convention, stated 
the reasons why the Town's proportion should be eased instead 
of raised. " The total ruine and decay of the trade of the Burgh of 
Dumfries occasioned by the continual reving of tobacco and other 
goods by unfree traders living in the country, without the liberties 
of the Burgh, from the Isle of Man which we laid before the honor- 
able Convention about 2 years agoe, and also we concurred with the 
merchants of the towns of Liverpool and Whitehaven to lay our 
grievances before the British Parliament, but hitherto have had no 
redress; but the said unfree trade does still continue and increas, 
to the great prejudice & ruine of our trade so that the greatest 
merchants in Dumfries who previously had a considerable trade, 
have now almost none at all; and as a convincing evidence of this, 
since the Union, there has not a ship come into our port from any 
forreigne place (except one small vessel from Dantzick), but we have 
had three taken and one wracked ; and the port of Dumfries which 
used formerly to pay considerable duty to Her Majestic, has not 
these several years by past been able to pay the Custome House 
Officers their salaries, which can clearly be made known by the Cus- 
tome House books." (Rec. C.R.B. v. 11). In spite of this eloquence 
and the support given by Perth, Dundee, Glasgow, Elgin, and Aber- 
brothoc, Corbett, though going through the form of appeal, was over- 
ridden. 



18. —The Earl of Derby got a fresh grant of the Isle of Man 
from the Crown on 7 July, 1609. (Translation printed on pages 32-8 
of the Duke of Atholl's " Case" (1765), in " Papers presented to the 
House of Commons respecting the Isle of Man ; ordered to be printed 
1 0th April, 1805"; also in the Manx Society's publications, vol. 9 
(1862), pp. 99-113; and vol. 12 (1866), pp. 45-53). 



19.— An Act of Parliament was duly obtained by the Earl at 



no NOTES. 19—22 

Derby in 1610, namely Stat. 7 [more correctly 7 & 8] James I., cap. iv. 
(Private). (Printed in the same works as above). Its title is—" An 
Act for the assuring and establishing of the Isle of Man." 



20.— On 24 Dec. 1764, a highly amusing report was made by 
the Commissioners of Customs and Excise in Scotland, to the Lords 
of the Treasury, regarding the extensive smuggling carried on be- 
tween the Isle of Man and Scotland confirming Edgar's complaints 
in every particular. (Printed on pages 75-9 of " Papers presented to 
the House of Commons respecting the Isle of Man; ordered to be 
printed lOth April, 1805.") 



21.— As explained above (note 19), an Act of Parliament was 
duly obtained by the Earl of Derby in 1610. 



22.— The Milnhole Mill' must have been the oldest mill in the 
Burgh. It was certainly in existence in the days of Adam the Miller, 
circa 1259 (Bain i. 2176). In 1549 the Town Council gave a feu of 
it and other property to John McBrair, the then provost, the feu 
including the dams and watergangs (R.M.S. 1546-80, 556). The 
charter affirms that the McBrair family had had a tack of the mill 
beyond the memory of man. 

On 31st May, 1638, Robert McBrair of Almagill disponed the 
mill back to the Town, which writ is still amongst the Town Charters 
(T.C.M. 6 March, 1758). In 1734 the Town Council agreed to set the 
mill for 21 years at a rental of ;£'2/io/-, to William Fergusson and 
John Grierson, dyers, on condition that they converted it into a 

I. In 1616 the Milnhole was the scene of an outrage which illustrates the 
Christian spirit of the times. Certain members of the Dickson family had a grudge 
against one John Johnstone, a burgess. Not content with assaulting Johnstone 
whilst peacefully loading peats, Thomas, son of Herbert Dickson, who had hidden 
himself " in the most secreit pairt of the way callit the Mylnhoill, where few or 
none repair," waylaid James, son of John Johnstone, a child of 12 years old. 
His youth did not deter Dickson from " banding ane gairtane about his craig in 
the meantyme of his wirreing and murdering the young boy." But seeing a 
woman near bye, and afraid of detection, he took the boy and " slang him in the 
Mylnedame quhilk is a fadome deip of wattir." Had not Janet Chairtouris 
pulled him out, the boy would have been drowned. (R.P.C. x. 650). 



22— 2S NOTES. Ill 

Waulk Miln, and maintained the water course from the new dam or 
gill loch to the miln, and did not erect any further dams (T.C.M. 
24 June, 1734). In Sept. 1746, it was tacked to Gilbert Paterson, 
who turned it into a snuff miln. On the expiry of this tack in 1757, 
Paterson was given another, but as he may have been getting old he 
stipulated that he might put into the snuff-miln James Breck, whom 
he had bred and trained as a tobacconist. As Paterson had a 
separate tack of Mildamhead, which he had greatly improved, he was 
considered a good tenant, and was granted a renewal of his tack for 
nine years at ;^8 (T.C.M., 27 Oct. 1757). 

On 22 August, 1774, Breck was in jail for a debt of £'38 for 
bygone rent of the mill. Grinding snuff could not have been a lucra- 
tive occupation. Four years later the mill was turned into a Bark 
Mill, and tacked to Thomas Walker and Robert Wilson, late Deacons 
of the Glovers and Skinners (T.C.M., 2 Feb. 1778). 



2 3. — No light can be thrown on " mine author," who is con- 
stantly quoted by Edgar. He was clearly some older writer on 
Dumfries. It is known that Maitland's queries were referred in 174 1 
to the minister — Rev. Robert Wight. It is possible that Wight might 
have compiled an account of Dumfries, and that he is the " mine 
author " referred to. Perhaps the Rev. Peter Rae may be the author. 
Of his " Natural and Genealogical History of the Shire of 
Dumfries" only a fragment remains (Glasgow Bibliographical 
Soc 1 91 4). 



24. — Perhaps these leather shoes were the same ones which 
Burnside records as in the possession of Riddell of Glenriddell. They 
were believed by Riddell to be Roman sandals. A drawing of them 
was made by Captain Grose. Burnside says they were found in the 
east end of the parish. 



25. — The Crystal Chapel was the popular name given to St. 
Christopher's Chapel, which formerly stood on the high mound now 
occupied by St. Mary's Church. It is stated that it was founded 
by Christiana Bruce, in memory of her husband, Sir Christopher de 
Seton, son and heir of John de Seton, Lord of the Manor of Seyton 



112 NOTES. 25 

in Yorkshire, and Ermina his spouse. It has been generally held 
that Sir Christopher was a Scotsman, but there is ample evidence to 
prove that he was an Englishman, and of English descent, and that 
his ancestors had been associated with Hinderwell (Yorks.) and 
other lands from very early times. The first of the family of whom 
there is record is Osbert de Seton, who, between 11 39 and 1148 
received a demise of | a carucate of land in Hinderwell from the 
Abbot of Whitby (Whitby, Ch. 381). Osbert, with Ivo, his son, 
witnessed the concession of a gift of land to the Canons of Guis- 
boro'. In 1176 Ivo de Seton was amerced for forest trespass (Pipe 
Rolls, 22 Hen. II. 116), and again in 11 80 for the rapine of a ship 
from Norway, cast ashore on the Cleveland coast (ibid. 26, Hen. II. 
68). Ivo de Seton's son, Adam, was also amerced for forest trespass 
in Northumberland, in 1200. Adam de Seton had married Matilda, 
daughter and co-heiress of William de Thurp, of Castle Eden, co. 
Durham, and had received from Peter de Brus in fee 2 carucates in 
Suthburness (Southburn), co. York (Dodsworth MS. vii. f. 327). 
From the attestation clause, it is clear that the date of this gift is 
before 1231. Adam also received | carucate of land in Skelton in 
Cleveland from Adam de Brus (Guisbro' Ch. ii. 329). In con- 
junction with his wife and Ivo his son, Adam confirmed to Guisbro' 
the gift by William de Thurp of land in Castle Eden, held of the 
fee of Robert de Brus of Annandale. 

Ivo de Seton, when he succeeded his father, had to part with 
some of his lands. He had got into the hands of Jews named Joce, 
Aaron and Levi, of York, and on 20 Nov. 1234, an order was sent to 
the Sheriff of York directing the justices of Jews to give Ivo reason- 
able terms for arranging repayment (Close Rolls, 1234-7, I4)- 

Part of the " arrangement " may have been the sale of his manor 
of Castle Eden for 380 marks, with the consent of his Lord, Robert 
de Brus, to the Canons of Guisbro'. Richard, Bishop of Durham, 
appears to have refused consent to the transaction, but after his 
death in April, 1237, Ivo gave 3 marks to have the seisin of the land 
again (Guisbro' Ch. 382, and Bain i. 1345). The King thereon 
interfered, and directed the Keeper of the Bishopric of Durham to 
take into the King's hands the land sold by Ivo to the prior of 
Guisbro' (Close Rolls, 1234-7—450). A settlement of the matter 
was not reached till 1240, apparently after Ivo's death, when Robert, 
son of Robert de Brus, passed by fine in the Bishop's Court to Joha 



25 NOTES. 113 

Prior of Guisbro' the Manor of Castle Eden (Guisbro' Ch. 333, and 
Bain i. 1586). Between 1237 and 1240 Robert de Seton, son of Sir 
Ivo de Seton, is named as a tenant of lands in Hinderwell (Lea's 
Anctient Deeds, Vol. ii.), which he probably held by marriage to a 
kinswoman of Osbert, son of William Wyrfank (Whitby Ch., p. 382). 
At the same period, another Adam de Seton appears, who was beyond 
question a kinsman of Robert, son of Ivo, though the exact relation- 
ship is not established. In 1235 the above Osbert Wyrfrank had 
released to Marmaduke de Thweng his right in the advowson of the 
church of Hinderwell. This was followed in 1246 by an agreement 
between Robert de Thweng and Adam de Seton, to present alter- 
nately to that Church. (Whitby Ch. 382, and Yorks Feet of Fines, 
28, nSo; 38, n4). 

This Adam de Seton held 2 carucates in Southburn at the death 
of Peter de Brus in 1272, and in 1279 was returned as holding 4| 
carucates in Seaton and Skelton of Peter's heirs (Cal. Inquis. p. m. 
ii. 189). In 1 28 1 half a Knight's fee in Seaton Hall (par. of 
Hinderwell), and Tockett* which Adam de Seton and John de 
Tocotes held, wa* assigned to the purparty of Marmaduke de 
Thweng in right of Lucy his wife (Close Rolls, 1279-88, p. 108). 
In 1284-5 Adam de Seton, now described as " Knight," held 4 caru- 
cates in Seaton Hall, and ^ carucate of the Fauconberg fee in Skelton 
(co. Cumberland). He also held lands in Southburn, and with 
Thomas de Lutton was tenant of a fee in East and West Lutton 
held of William de Wyrill (Cal. Inquis. P.M. ii. 366). In Hinder- 
well the heir of Robert de Seton ( ? Sir Adam de Seton) held lands 
which paid i8d. yearly of Wapentake fine in 1284-5 (Kirkby's 
Quest, 131). Adam de Seton died in 1288, holding lands in York- 
shire of the heir of Robert de Thweng, a minor (Cal. of Fine Rolls, 
i- 253). John de Seton succeeded and married Ermima daughter 
and heir of Thomas de Lasceles, by Christiana his wife, who was 
daughter and co-heir of William de Ireby of Ireby (co. Cumberland) 
by Christiana his wife, who was daughter and heir of Odard de 
Hodalm (Hoddam). 

Christiana, relict of Thomas de Lasceles, married Robert de 
Brus, the elder, and was alive in 1292, in which year John de Seton 
and 15 others had quittance of the common summons of the Eyre 
for Common Pleas in Cumberland (Close Rolls 1288-96, p. 272). 
On Dec. 15, 1285, John de Seton received a pardon for trespassing 



114 NOTES. 25 

after red deer in company with Robert de Brus in the Royal Forest 
of Inglewood (Bain ii. 78). 

In July, 1 291, he was with King Edward at St. Andrew's (Bain 
ii. 501), and his name figures in the Ragman Roll. In 1292 he 
claimed free warren in Lambynby (Bain ii., p. 151). 

On the 3rd July, 1298, he is mentioned as being with Brus on 
the King's Service in Galloway (Bain ii. 995). John de Seton, 
Knight, died in 1299, and on 11 Sept. an inquisition was held re- 
garding his lands (Bain i. 1091, et sequa). He was seised of 15 
I ' tJ0»9ies of land in Southburn and the manor of Seaton Hall, both 
being held of William de Latimer and Lucy his wife. He also held 
part or whole of the Manor of Skelton, and had granted the towns 
of Gamalsby and Unthank to Robert de Brus, the elder, and Chris- 
tiana his wife (Bain ii. 1690). It is known, too, that John de Seton 
had purchased from William Lockard his share of the estate of 
Richard de Levingstone which Lockard had by right of his mother 
Marjory, sister of Levingstone (Bain iv. 1776). 

Christopher, son of the said John, was aged 21 years 
on 25th March, 1299 (Bain ii. 1091). On Oct. 4th 
following he did homage at Westminster for his father's 
lands (Bain i. 1102). On 3 March, 1303-4, he was at 
Lochmaben, in the English King's service, and sought a letter of pro- 
tection from him (Bain ii. 1464), which was granted on 3 Oct. (Bain 
iv. 1796). Two years later he obtained the lands of Gamelsby and 
Unthank, and others belonging to his father, which had been life- 
rented to the widow of Bruce, the Competitor (Bain ii. 1690). For 
these lands he did homage on 12 Oct. 1305 (Bain ii. 1696). In 1305 
Christopher appears as conveying land in KirkandrewB without leave 
to Adam de Twynham (Bain ii. 17 17). In May, 1306, he was 
recognised as being in rebellion, his lands in Cumberland, including 
Gamelsby and Unthank, being forfeited and given to William le 
Latimer and Robert de Clifford (Bain ii. 1775-6) The reversion of 
his mother Ermina's lands in Durham, which she held in dower, was 
also forfeited and granted to Geoffry de Hartlepool on 4 Oct. 1306, 
and in the following year she petitioned the King with regard to 
land in East Linton, Yorks., which she held in dower (Bain ii. 1 841, 
1904). Early in the War of Independence he was captured at Loch 
Doon (Tytler i. 229) by the treachery of Sir Gilbert de Carrie 
(Seton's History of Setons i., p. 76, but see Scots Peerage ii. 425), 



25 NOTES. US 

charged with complicity in the murder of Comyn, and was drawn, 
hanged and beheaded on the spot where the Chapel afterwards 
stood. The date of his execution is uncertain, but he is described 
in a grant, dated 4 Oct. 1306, as "lately drawn and hanged for 
rebellion" (Bain ii. 1861). An inquisition into his escheated lands 
was held on 29 Nov. 1306, and what had not already been granted 
away by the King, was conferred on Robert de Clifford. As late as 
1308 we hear of the King's escheator accounting for I2d. from the 
rents of Christopher's lands in Carlisle (Bain iii. 11). His widow 
was also captured and interned at the Priory of Sixle, Lincolnshire, 
on AH Soul's Day, 1 306, and was given by the King the same allow- 
ance as Princess Marjory, also in confinement elsewhere, 3d. a day 
for expences, and a mark yearly for her dress (Cal. Chart, iii. 84). 

To Henry de Percy was entrusted the task of taking Chris- 
topher's widow guarded into England (Palgrave, 359). In Dec. 
1307, she seems to have been removed from Sixle to the care of 
Thomas de Gray (Bain iii. 27), but she must have returned to Sixle 
soon after. For at Sixle, or Sixhill, a house belonging to the Order 
of Semprynham, she still was in 13 14, when on iSth July a mandate 
was issued to the Prior to set her free without delay, and to bring 
her to the King at York. Similar instructions were sent to the Sheriff 
(Rymer, ist ed. iii. 489). On the same day were liberated the 
Bishop of Glasgow and Elizabeth wife of Robert the Bruce. 

These details concerning Sir Christopher de Seton and his 
ancestors prove conclusively his English origin. It is, therefore, 
clear, that he was a renegade Englishman and not the patriotic 
martyr to his country's freedom as he has always hitherto been 
represented. It is true that he held lands in Annandale which on 
his forfeiture were granted to Robert de Felton (Palgrave, 302). 
But they probably came to him through his wife Christiana de Brus, 
sister of Robert I. Lord of Annandale. 

As the writer of the Winton article in the Scots Peerage points 
out, it is probable that the Christopher de Seton, who was the tradi- 
tional founder of the Scottish family of that name, may be 
identified with the Christopher de Seton who with his son Alexander 
witnessed a Lindores Charter in 1247, and not with the subject of 
this note. 

Sir Herbert Maxwell states that Sir Alexander, brother of Chris- 
topher, was hanged at Newcastle along with 15 others, "the King's 



ii6 NOTES. 25 

injunctions being stern and strict that none of them were to be 
allowed trial." (" Robert the Bruce," 141 ; but see Bain ii. 485). 

The choice of the site for the execution was obvious on account 
of its commanding position just outside what was the old Lochma- 
bengait, on the road to Annandale and England. The Chapel must 
have been founded before the end of 1306, as in that year Robert 
the Bruce endowed it with a 100/-S yearly pension out of the King's 
rents of the Barony of Caerlaverock. A copy of the endowment 
charter has been preserved in the Hutton MSS. 

The subsequent history of the Chapel is almost unknown. The 
Exchequer Rolls are silent concerning the King's rents from Caer- 
laverock, nor is it known how long the pension was actually paid. 
But it may be conjectured that the Maxwell family acquired the lands 
from which the rents, subject to the pension, were drawn. If this 
is the case, it is possible that the modern farm of Chapelhill, lying 
between Bankend and St. Columba's Chapel, derives its name from 
this source. 

Until the year 1566 the records return only an echo of the 
Chapel. In the charter of endowment of the altar of St. Gregory 
in Dumfries, mention is made of a stone house belonging to Thomas, 
son ajid heir of William Stewart, burgess, which was "super latus 
Montis Capelle vis le Ckafelside." (R.M.S. 1424-1513, 3335). But 
on 29 August, 1566, the then chaplain granted a feu of some lands 
within the burgh territory, of which the following is an abstract— 
{Liv. 2056): — 

" Feu charter granted by Sir Mark Carruthers, chaplain of 
the Chapel of St. Christopher, founded near the burgh of Dum- 
fries, for the augmentation of his rental and for certain sums of 
money paid, in favour of George Maxwell, provost, his heirs & 
assigns, of 2 acres of land belonging to the chaplainry, between 
an acre of land belonging to William Sawrycht on the west, 
the lands of the laird of Conhaith on the north, five roods of 
land belonging to the said laird and occupied by Herbert 
Rayning, burgess, on the east, and the common highway leading 
to the burgh, commonly called Lochmabengait on the south. In 
feu at twenty shillings Scots yearly, being the ferme formerly 
payable, with sixpence for augmentation, heirs doubling the 
same on first year of entry. Precept of sasine directed to 



25 NOTES. 117 

Master John Frude, bailie in that part. Witnesses, — Robert Hill, 
Thomas McCrone, and David McGee, notary public. 

"29 Aug., 1566. Instrument of sasine (at hand of David 
Makgie, N.P.), in favour of George Maxwell, at Fishcross, of 2 
acres described in preceding charter. Sasine given by Mr. John 
Frude. Wit : —Robert Hill and Thomas McCron (Liv. 2057). 

Another writ (Liv. 2778) also throws some light on the history of the 

Chapel. 

" Instrument of sasine (at hand of John Magee, M.P.) given 
to John Maxwell of Conhayth his heirs and assigns, of 2^ acres 
of lands called St. Christopher's Chapel, beside the burgh of 
Dumfries, marching with the common street entering at 
Lochmabengait port on the south, the lands of William Saw- 
rycht on the west, the lands of Robert Makkynnell on the north, 
and the lands in the hands of Herbert Rayning on the east, 
propriis manibus of James Geddes of Glengotho; in implement 
of contract of same date entered in the Commissary Court 
Books of Dumfries ; reserving to James Geddes the Chapelhouse 
and yard with free entry thereto; for 28/6 Scots yearly; to be 
holden of Sir Patrick Moubray chaplain of the said Chapel and 
his successors superiors thereof. 12 Jan. 1584. Witnesses — 
Master Homer Maxwell, commissary of Dumfries, Robert Max- 
well of Kelton, Cuthbert Cunynghame, writer, John Fergus- 
sone, Webster, and David McMath, officer." 

Of the persons mentioned in these two documents, James 
Geddes was for some time Customar of the burgh His appointment 
had been made by the King, a fact distasteful to the Town Council, 
as most other burghs had the right of this appointment vested in 
them. Accordingly in 1583 John Merschell, commissioner, at the 
convention of the Royal Burghs was instructed to ask for a grant 
of the King's customs to the Burgh, on the plea that James Geddes 
was " ane stranger and gentilman of the cuntrie." The result 
was that on 17 July, 1584 the Convention ordered Geddes to appear 
with his accounts and bring with him his official stamp or seal 
and to be discharged from that office; the Provost and Bailies 
also to submit the names of " twa sufficient and qualefeitt personis " 
to be Customar and Controller from i Oct. following (Min. of 
Con. of R.B. i. 196, etc.). 



ii8 NOTES. 25 

Of the other persons named, Sir Mark Carruthers was the most 
prominent. In addition to being chaplain of this foundation, he 
was rector of Mouswald, a fact which points undoubtedly to his 
being a member of the family of Carruthers of Mouswald. As a 
notary public he seems to have enjoyed a considerable practice. 
His Proctocol Book is still in existence amongst the Drumlanrig 
papers and it is hoped that it may some day be published. It 
commences in 153 1 and continues uninterrupted down to 1562, during 
which time, as Sir W. Fraser states, he appears to have been well 
employed by the inhabitants of Dumfries and the owners of adjacent 
property, in recording the transmissions of heritable property in 
that burgh, Lochmaben and neighbourhood (Hist. MSS. Com. 
Drumlanrig Papers i. 63). He took an active part in the agitation 
against the pretensions of the Archbishopric of St. Andrew's to hold 
jurisdiction over the Archbishopric of Glasgow. When James 
Beaton of St. Andrew's in Nov. 1535, raised an ecclesiastical storm 
by the public elevation of the Cross and the giving of Benediction 
in the Church of the Friars Minor in Dumfries, without first 
obtaining the consent of the Archbishop of Glasgow and in con- 
travention of the privileges of that diocese, we find Mark 
Carruthers associated with Sir John Kennedy, vicar of Terr^les, 
and Hugo Wallas, curate of Dumfries in a formal document of 
protest (Reg. Epis. Glas. ii., 551). We find him again a party 
to a similar protest when Cardinal David Beaton, nephew and suc- 
cessor of James, visited Dumfries, and without the consent of Gavin 
Archbishop of Glasgow, on 27 Nov. 1539, elevated the Cross 
within the house of George Maxwell, burgess there. These were 
the disputes about jurisdiction which terminated in the scandalous 
riot in Glasgow Cathedral, described by Joseph Robertson (Stat 
Ecclesiae Scot. Preface). 

The George Maxwell mentioned in these writs was a burgess 
of prominence in Dumfries. In 1545 George Meixwell received £i 
for supplying gunpowder for two small culverins which had been 
brought on 2nd Nov. from Edinburgh Castle to Dumfries on their 
way to Carlaverock, " for recoveringis of the Castell thairof furth 
the handis of the Inglischmen." The guns fired a shot weighing 
about 7lbs. and it took thirty horses to draw them at the cost of 
3s. 4d. per day per horse (L.H.T. viii. 417 & 422). 

George Maxwell was a bailie in 1547-8, when he received £6 
13s. 4d. for the carting of more gunpowder to Lochmaben. He 



25 NOTES. 119 

was a bailie again in 1550 often witnessis charters of the period 
(R.M.S. 1546-80. 502). He was Provost in 1563-66 (Ex. R. xix. 
223 etc.). 

Of the later history of the Chapel, little is known. In Oct. 
1715, great efforts were made to fortify the Town against the 
Jacobite forces who were moving south. The Rev. Peter Rae in 
his History of the Rebellion (p. 274) gives details of the hastily 
improvised fortifications at the Crystal Mount and elsewhere. 

But in the previous year the Town had used the ruin as a useful 
quarry, giving permission to the Kirk session to remove "manie 
loose stones about and within the chappell callit Christopheris 
Chappell and some buttrages thareat" for the rebuilding of the 
Kirkstyle (Aitken MSS.). 

On 7 May, 171 5, the Trades considered the purchase of the site 
for a meeting house, Seton Laird of Barns being alleged to be the 
proprietor. 

Finally, on 15 May, 1826, owing to encroachments and claims 
made to the site, the Town Council decided to apply to the 
Exchequer for a grant of the Mound, which had lately been acquired 
for a charity school by some ladies who had not completed the 
transaction. 

C. K. Sharpe has placed on record that the site of the Chapel 
was used for many years ajs a place of interment for criminals 
hanged at Dumfries (Hist, of Setons, p. 93) but there is no evidence 
to support the statement. 

Mr. George Seton, in his sumptuous History of the Seton Family, 
reproduces a scarce lithograph purporting to give a representation 
of the Chapel before the Reformation. He states that the litho- 
graph was prepared from an old print in the possession of Major 
Adair (who erected a tablet commemorative of Sir Christopher in 
the churchyard of St. Mary's). A copy of this lithograph is in the 
possession of the Dumfries and Galloway Antiquarian Society. 

From what is known of it, it seems to be a purely imaginative 
work, though the surrounding detail shows considerable knowledge 
of what the Town must have been like in the i6th Century. The 
late Mr. James Barbour, F.S.A. expressed in Feb. 191 2, the following 
opinion on the lithograph, " The engraving is, in my view, worse 
than worthless. Its (tbe Chapel's) general form is unsupportable, 
and the architectural details are chronologically all wrong." 



I20 NOTES. 26 — 29 

2 6.— Perhaps this "dub" may refer to the " Rassell Dub," 
which was the name given to a house and some acres of the vicarage 
lands of Dumfries, which were acquired by Provost John Corsane on 
10 April, 161 1, from Marc Gladstanes and Marion Wright his spouse, 
John Gladstanes his brother, a burgess of Kirkcudbright and his 
wife Helen Ramsay being parties to the grant (Aitken M.S.). 

27 — Kelton's Town House is mentioned in connection with 
some repairs to the Street between Lochmabengait and the brick 
Lodging commonly called Kelton's Ludgeing (T.C.M. 12 July, 1784). 
Charles Stewart of Shambelly owned a tenement near the Millbum 
brig, formerly belonging to David Robson, which may be the house 
referred to by Edgar (T.C.M. 3 June, 1754). 

28. — The Murrays of Brocklerig were cadets of Cockpool, 
breaking off from the Murray thwaite family early in the 17th 
Century. Patrick Murray of Brocklerig kept the keys of Hoddara 
Castle when it was in the hands of Murray of Cockpool. The 
family only held Brocklerig for three or four generations and 
emigrated to America in the i8th Century. Brocklerig is now a 
farm on the banks of the Annan and the Milk, near their juncture. 
It is quite close to the ford so well described in the ballad of 
" Annan Water." The site of Brocklerig^s house has not been 
ascertained, but the head of his family, Murray of Cockpool, owned 
as early as 1 563 a tenement " in the street callit Lochmabengait 
betwixt the tenement of William Sluchanan in Achintrait on the west, 
the tenement of John Newall on the east, the High Street called 
Lochmabengait on the north, and the way which leads under the 
yeards betwixt the Chapel of the Blessed Virgin Mary and Loch- 
mabengait Port on the south " (Cockpule Inventory No. 54). 

29. -Mr. Barbour has traced the history of Lord Torthorwald's 
Bell (D. & G. N. H. & A. Soc, 1892-3, 130), as well as the Kirk 
Bell. From the inscription on the present Kirk Bell, he conjectures 
that the original bell dated from 1435-1464. This may have been 
the bell carried off by the English in 1570 (Chron. of King James 
VI.) It was probably to replace it that the Town Council borrowed 
on 13 Dec. 1570, the bell from Sweetheart Abbey for the space of a 
year (Huyshe's Dervorguilla 144), but kept it indefinitely. 



JO NOTES. 121 

30— This statement of Edgar's is both inaccurate and involved. 
In spite of careful enquiries, it has been found impossible to trace the 
original writs of the Kelwood-Craigs property. The following 
notes can, however, be given. 

It appears that originally the property was called Kelwode. As 
will be seen, there was in 1529 a Barony of Kelwode. At a later 
date the name of Craigs was introduced, and the property somewhat 
subdivided, erected into the Barony of Craigs. The first recorded 
reference to the property is in 1323, when Robert the Bruce granted 
to Richard of Culnehath (Conheath), Knight, the lands of Kelwode. 
The woods and hunting rights were reserved to the Crown, but 
Richard had power to cut enough timber for building, etc. (R.M.S. 
new vol., p. 529). It may be assumed that Richard received this 
grant in return for his services in the War of Independence. In 
1332 Sir Richard de Culnehacht is mentioned in the Exchequer 
Rolls (i. 433). When Edward III. was over-running Dumfriesshire 
after Bruce's death, Richard de Colnhath seems to have submitted, 
receiving on 15 Oct. 1335-36, a grant of Bourland from King 
Edward, with the reddendo of a " sore " sparrow hawk.* Eustachius 
de Makeswelle, the Sheriff of Dumfries, appointed by Edward on 
the same day, obtained a grant of the lands of Kelwode, with the 
same reddendo (Bain iii., p. 317). In 1343 Thomas de Culynhath, 
perhaps a son of Sir Richard, received the sum of 5/8d. from the 
King (Ex. R. i., 532). Kelwode, however, a few years later, was 
again in the hands of the Conheath family, for a Royal grant (circa 
1342) is recorded, of the lands of Culnehethe, Burland, and Kell- 
wod, and of Foullarton, co. Roxb., to Malcolm Conhethe (R.M.S. 
new vol., 1306-1424, p. 567). On 6 May, 1370, Thomas de Culne- 
hathe, perhaps a son of Malcolm, was granted by King David, on 
his resignation for this purpose, the lands of Keldewod and Bour- 
land. The rent was a pair of gilt spurs annually, if asked for. 
The charter mentions the grantee's son Malcolm (R.M.S. new vol., 
1 306-1424, p. 108). 

In 1433 there is mention of John Mur, Lord of Keldwod, as a 
witness (Drumlanrig Papers, i. 52). He may have been a descendant 

* "Sore" (Low Latin, sorus or saurus) means reddish-brown, and is now 
obsolete, except in the diminutive " sorrel," now almost exclusively applied to 
horses. As applied to sparrow-hawks, it means a young hawk o£ the first year 
which has not yet moulted. 



122 NOTES. 30 

of John de la More, Under-Sheriff of Dumfries in 1347 (Bain iii. 

1493)- 

The next notice we have of the property is on 10 Jan. 1440, 
when Thomas de Corry received a grant of certain lands in Ayr- 
shire, together with the lands of Kelwode and Bourelandis (or 
Borowlandis), in the sheriffdom of Dumfries, which George de Corry 
resigned (R.M.S. 1424-15 13, 257).^ Five years after acquiring the 
property, Thomas de Corry parted with half of it, viz., the lands of 
Ballimness and part of the lands of Cragincalye in Ayrshire, to- 
gether with half the lands of Kelwode and half the lands of Boure- 
landis in Dumfriesshire — which were granted to John of Crauforde 
and his heirs, whom failing, to Asplanus, Robert, Roger, James, 
George, Adam and Fergus, his kinsmen, reserving free tenement to 
Asplanus de Crauforde, father of John, and the usual thirds for 
Christina, his mother (R.M.S. 1424-15 13, 287). Kelwode was thus 
divided into Nether and Over Kelwode, the former remaining in the 
possession of the Corries, and the latter, known as Over-Kelwode, 
Kelwode-Craigs, or Over-Craigs, passing to the Crawfords of Kers. 
One hundred and ninety years were to pass before they were re- 
united under one owner. 

Though Thomas de Corry thus parted with Over-Kelwode, he 
seems to have held a tack of the land from the new proprietor as 
late as 1480 (A.D.C., p. 55). In 1516 the Corries of Kelwode 
obtained a large territorial accession by the purchase of the lands of 
Newby by Thomas Corrie of Kelwode (probably a son of the above) 
from Herbert Corrie of Newbie his cousin (R.M.S. 1513-46, 145). 
The sale was probably effected with a view to the consolidation of 
the Corrie lands against the claims of the Johnstone's on Newby. 
For in 1529 Newby and Nether-Kelwode were erected into a Barony 
called the Barony of Kelwode, comprising the lands of Newby, 
Cummertrees, Robgill, Priestwood-syde, Salcotts, Ryvell, Nether- 
Kelwode, with the Manor place and Bourlandis, together with 
numerous lands in Ayrshire, a Crown Charter to that effect being 
granted to George, son and heir apparent of Thomas Corry, of 
Kelwode, to whom free tenement was reserved (R.M.S. 1513-^ 
815). But the family's enjoyment of the Barony was not long Uvea 

I. This reference has escaped the notice of Miss Corrie, the historian of that 
family, or it would have prevented her from identifying Kelwode with a place of 
that name in the Cumberland parish of Kirkandrews-on-Esk (Vol i, p. 141)- 



30 NOTES. 123 

The interminable disputes for the property of Newby were brought 
to a close on Jan. 1535, when it was sold to William Johnstone, of 
Gretna (R.M.S. 1513-46, 1598). With it went Stapleton, Robgill, 
and Ruthwell (Hist, of Corries i., p. 151), so that all that was left 
to the family in Dumfriesshire was Nether-Kelwode. But even of 
this they were not to retain possession long, for on May 4th, 1546, 
the Queen granted the lands of Nether-Kelwode and Bourelandis, 
resigned by George and his father, Thomas Corry, to John Charteris, 
of Windehills, and Janet MaS^, his spouse (R.M.S. 1513-45^ 
3234). This is the last we hear locally of the Corries of Nether- 
Kelwode, but for almost another century they lived in Ayrshire, 
still calling themselves the Corries of Kelwode.^^ 

In 1549 John Charteris of Kelwood was a bailie of Dumfries 
(R.M.S. 1546-80, 556). In June, 1597, Robert Charteris, doubtless 
a son of this John, resigned these lands and others in the Stewartry, 
and received a charter of Quitclaim to himself and his heirs male 
bearing the name and arms of Charteris. On Dec lOth, 1585, he 
and his son James were included in an Act of Indemnity granted 
to the Earl of Morton and his supporters CS.A.P iii. 389). Robert 
must have been dead by Oct. 1599, for on the 9th of that month 
sasine was given by the Stewart of Kirkcudbright to George 
Charteris, in the land of Nether-Kelwode, Overtoun and Boure- 
landis, and other property in the Parish of Balmaghie, on payment 
of £57 8s. relief (Ex. R. xxiii. 432). 

George seems to have alienated them before 1602, for on 5 Feb. 
of that year the King granted to John Murray (of Lochmaben) and 
his heirs the lands of Nether-Kelwode, etc., which George Charteris 
of Kelwode owned, but which were vested in the King owing to his 
having alienated them without Royal consent (R.M.S. 1 593-1608, 
1285). Though a most careful search has been made through the 
papers of the Murrays of Cockpool, now at Scone Palace, no docu- 
ments could be found bearing on their ownership of the property; 
but we know that on 21 Dec. 1635, John, Earl of Annandale, Lord 
Miurray of Lochmaben (described in the records as " domesticus 
servitor regis), resigned the lands of Nether-Kelwode and Boure- 
landis, extending to a ;f 10 land in favour of John Hairstanes of 

ID. For fuithei geoealogical particulars of this family see the " History of the 
Corries," Vol. i. George Corry, of Kelwode, circa 1632, disposed of all his Ayr- 
shire estates, and thereafter disappears from history (R.M.S. 1620-33, "753 *' sequa.) 



124 NOTES. 3° 

Craigs and his heirs whom failing to his brother James Hairstanes 
and his heirs (R.M.S. 1634-51, 440). 

Turning now to the devolution of Over-Kelwode, we find that 
for about a hundred years it belonged to the family of Gledstanes 
(the modern Gladstone). This family took its name from the lands 
of Gledstanes in the lordship of Liberton, near Biggar, in Lanark- 
shire, which lordship was held by the Maxwell family until 1538, 
when it was purchased by Sir James Hamilton of Firmart (R.M.S. 
1513-46, No. 1883). In a charter of 21 June, 1532, by Hugh, Lord 
Somerville, as holder of the barony of Carnwath, under which the 
lordship of Liberton was held, it is stated that the lands of Gled- 
stanes had been held " beyond human memory " by the Gledstanes 
family, under the Maxwells (Charter preserved among Edinburgh 
City Records). At all events we find mention of " Herbert de Gled- 
stanes, of the county of Lanark," as early as 1296 (Bain's Calendar, 
ii. 186, 204, and 558). 

To this family no doubt belonged Herbert Gledstanes, Rector 
of Dronok (Dornoch), who on 10 July, 1505, received a royal grant 
of the lands of Over Kelwode, which had been resigned into the 
King's hands by David Crawford of Kers, in discharge of a debt'* 
to the King, which sum had been paid by Gledstanes (R.M.S. 1424- 
1 5 1 3, No. 2863). The Scottish records relating to Dumfriesshire and 
elsewhere contain frequent references to members of the Gledstanes 
family, among whom Herbert was a common Christian name, but 
genealogical particulars of the Rector of Dornoch are not yet forth- 
coming.^ On 21 April, 1504, he had witnessed the foundation 
charter of the collegiate church of Lochvinzok (Lochwinnoch), (Reg. 



I*. It was doubtless a fine, for a few years later Matthew Campbell received 
a royal gift of half the ;^2o lands of Kers, then in the King's hands, by reason of the 
escheat of David Crawford, then at the horn for crimes committed (R.S.S. i. 2267). 
David had had sasine of Keldwod and Bourlandis in 1501 (Ex. R. xi. 466). Kers 
was held by David from Hew Campbell, of Londoun (R.SS. i. 191 1)> ^^^ ''''' 
escheated portion of it was redeemed in 1511 (L.H.T. iv. 149), In 1526 a 
Bartholomew Crawford owned Kers, and had a son named David (L.H.T. v. 271). 
His brother Duncan was tacksman of the 5 merkland of Cowbistoun, Wigtonshire, 
(R.S.S. i. 3436), and Sir Thomas Crawford, Vicar of Cunimok (1528), was probably 
another brother (R.SS. i. 3981). 

2. He seems to have succeeded Schir Walter Quhitehead in the Rectory of 
Dronok, Quhitehead being Rector as late as 4 Jan. 1488, when he witnessed a 
charter (Harries Inventory, 28). 



30 NOTES. 125 

Ep. Glasg. ii. 516), and on g Nov. 1508, he endowed St. Gregory's 
Chapel in the parish church of Dumfries, as is narrated elsewhere in 
the present volume. 

In 1509 Thomas Glaidstainis had got sasine of Overkeldwod, a 
fact baldly stated in an old index to records now lost. (Ex. R. 
xiii. 660). This Thomas was in 1508 "of that Ilk" in Lanarkshire 
(MS. Acts & Decreets, vol. 500, fo. 390). On 22 Apr. 1524, the town 
of Dumfries took action against Thomas Gledstanes of Kelwood 
touching the right to Lochirmoss.^ 

On 30 Oct. 1525, the Sheriff of Dumfriesshire was charged with 
;^20 due from John Gledstanis of that Ilk for sasine of the ;^io 
lands of Old Extent of Over Kelwod (Ex. R. xv. 637). He was a 
son of the preceding Thomas Gledstanes, as appears by a record of 
a suit for terce brought by Margaret Jardyng, " Ladie Kelwood," 
John's widow, on 20 Dec. 1537.* 

On 15 May, 1536, the Sheriff of Dumfriesshire is charged with 
jf20 due from Matthew Gledstanes of that Ilk for sasine of Uver- 
kelwod (Ex. R. xvi. 607). He was John's younger brother, and suc- 
cessfully defended the suit brought in 1537 by his brother's widow, 
as mentioned above. On g Feb. 1538-g, Matthew, having an only 
daughter Mirabelle, and evidently despairing of further issue, made 
an agreement* with " his cousin " Herbert Gledstanes, tolerably well 
known as an eminent burgess of Dundee and Town Clerk there,' 
that he should marry her. It is provided therein that Herbert shall 
procure a dispensation from the Pope for the marriage, which was 
presumably within the extensive degrees prohibited by the Canon 
Law. The agreement pathetically explains that its object is " the 
wele and uphalding of the said Mathewis living and hous, and 
continuation of the samin to the surname." Matthew undertakes to 
convey, within twenty days of the marriage, his lands of " Kelwod 

3. Cited from the " Deliberations of the Lords of Council," by J. C. 
Aitken, in his MS. " Notes of the Family of Gledstanis of Dumfriesshire and 
Galloway," purchased with other of his MSS. by the Dumfriesshire and Galloway 
Natural History and Antiquarian Society. 

4. Fragment of Dumfries Sheriff Court Book, in the Register House, Edin- 
burgh; copied in Aitken's MSS. 

5. MS. Acta Dominorum Concilii et Sessionis, vol. xi. fo. 140. 

6. See the account of him in A. H. Millar's " Eminent Burgesses of Dundee," 
(1887). 



126 NOTES. 30 

and Gledstanis and utheris" to Herbert and Mirabelle and their 
offspring, reserving to himself a hfe-interest, with reasonable terce 
for his wife Elizabeth Levinstoun. On 31 July, 1541, Matthew 
carried out the agreement as far as related to the lands of Over 
Kelwood, with the right of presentation to the Hermitage Chapel 
of St. Laurence the Martyr on the said lands, and to the Chapel of 
St. Gregory (Pope) within the parish church of Dumfries, the con- 
veyance receiving the royal confirmation on 7 July, 1542 (R.M.S. 
1513-46, No. 2721).^ As Matthew's wife is not mentioned in the 
conveyance of 1541, it may be presumed that she was dead before 
then. There are several references in the records to Matthew Gled- 
stanes of that Ilk in connection with the Lanarkshire lands during 
the years 1542 and 1543.* He probably died in 1554, and by 16 
July, 1555, his daughter Mirabelle was dead also, since on that date 
Mr. John Gladstanes, a well-known advocate and Lord of Session,' 
obtained a royal grant of the right to dispose in marriage of " Walter 
Gledstaines, son and heir apparent of the late Mirabell Gledstaines 
of Over Kelwood." (MS. Privy Seal Register, vol. 27, fo. 122). 

Herbert Gledstanes, of Dundee, in his character of notary public, 
appears frequently in the records, but in his own affairs he is 
described " of that Ilk," and " of Over Kelwood." He died intestate 
in October, 1569, leaving a considerable family, most of them prob- 
ably by his second wife, Margaret Hepburn, who survived him, one 
of the sons being George, the future Archbishop of St. Andrews 
(Edinburgh Commissariot ; Testaments, vol. 2, under 1570, Apr. 20; 
Decreets, vol. 4, under 1570, 19 Jan. — 20 Apr.) 

On II May, 1570, the Sheriff of Dumfriesshire is charged with 
£^0 due from Walter Gledstanes for sasine of the lands of Over 
Kelwod and of the right of presentation to the two chapels, and 
with another £1^ due on account of sasine not having been obtained 
during the preceding term, making in all £^45 (Ex. R. xx. 408). 

7. Nisbet (Heraldry, 2nd ed., vol. i. p. 261) wrongly locates Over Kelwood in 
Galloway, and erroneously attributes the confirmation to King James VI. 

8. In connection with proceedings taken by William Gledstanis of Arthurshiel 
(Lanarks.) to compel him to acknowledge certain documents and to infeft the said 
William in his lands (MS. Acts and Decreets, vol. i, folios 100, 257, 332, 341, and 

SO')- 

g. See the account of him in the Dictionary of National Biography, under 
Gladstanes. His relationship to the family with which we are dealing is not 
known. He occurs frequently in the Lanarkshire records. 



30 NOTES. 127 

This sum was still owing by Walter (who perhaps disputed its 
legality) on 27 July, 1583, when John Adamson, burgess of Edin- 
burgh, became surety for him (Ex. R. xxi. 566). On 17 June, 1571, 
"Walter Glaidstaines of Over Kelwood," occurs as superior of the 
Lanarkshire lands (MS. Acts & Decreets, vol. 500, fo. 390), so he 
was entitled to be called "of that Ilk." On 10 Dec. 1585, under 
the name of " Walter Gledstainis of Craigis," he was included in the 
Act of Indemnity granted to John Maxwell, Earl of Morton, and 
his supporters (Act. Pari. Scot. iii. 388-9 twice). On 2 June, 1593, 
as " Walter Gledstaines of Craigs," he borrowed 100 merks from John 
Eraser, and undertook to infeft him in an annual rent of 10 merks 
(MS. Register of Deeds, vol. 58, under the later date 1597, Aug. 22). 
Very soon afterwards Walter Gledstanes must have died, for on 
2 Jan. 1593-4 there is a reference in the records of John Gledstanes 
of that Ilk (MS. Acts & Decreets, vol. 145, fo. 98). On i Aug. 
1595, as "John Gladstanes of Kelwode," he gets himself declared 
heir to his father in respect of the Lanarkshire lands.'" On 4 May, 
1598, as "John Gledstanes of Kelwood," he grants a charter of 
Wester Gladstaines in Lanarkshire (MS. Acts & Decreets, vol 500, 
fo. 390). In the same year, on i September, James Gledstanis of 
Cockiaw^' becomes surety that " Johnne Gledstanis of Craigis " will 
not harm John Maxwell of Conheath (R.P.C. v. 702). In the 
will of William Gledstanes, burgess of Dumfries, dated 13 Nov. 
1601, and confirmed 14 May, 1603, a debt is noted as owing by the 
testator to John Gledstanes of Craiges (Edinburgh Testaments). On 
8 Oct. 1602, as " John Gledstanis of Craigis," he becomes surety 
that John Maxwell of Keltoun will not harm Robert McBrair of 
Almagill (R.P.C. vi. 757). On 6 Feb. 1606, John Maxwell of Con- 
heath becomes surety that John Gledstanes of Craigis will not harm 
the same Robert McBrair (R.P.C. vii. 626), and on 10 Feb., to com- 
plete the circle, Robert Maxwell of Dynwiddie becomes surety that 
Robert McBrair will not harm John Gledstanes of Craigis (R.P.C. 
vii. 626-7). 

10. MS. Acts and Decreets, vol. 500, £0. 390, where, however, the record (a 
long list of deeds, not drawn up until 1637, and in which an error would be easily 
made) has "William" instead of "Walter" as his father's name. 

11. Described in the record as " James Gledstanis of Atrei of Coklaw." The 
meaning of the words italicised is a puzzle. Cocklaw, now Ormiston, is near 
Hawick. The connection between the house of Cocklaw and the Gledstanes of the 
Lanarkshire lands (of that Ilk) is uncertain, though no doubt actual, if remote. 



128 NOTES. 30 

Then on 9 May, 1606, being evidently intent on putting his 
affairs in order, as "John Gledstanis of Craigis," he obtained his 
formal return as heir to his father, " Walter Gledstanis of Craigis," 
in the lands of Over Kelwood (Old Extent ;fio; New Extent £30), 
with the right of presentation to the two chapels mentioned above 
(Inquis. Spec, Dumfries, No. 36). On 11 July of the same year 
(1606), as "John Glaidstanis of Over Kelwood," having only daugh- 
ters (see below), he obtained a new charter of his ;fio lands of Over 
Kelwood, with the fortalice &c. and the two chapels, from the 
Crown, in order that his house and name might continue. The 
grant is, first, to John himself for life, then to the eldest eon of 
George Glaidstanis, Archbishop of St. Andrews,^^ namely Alexander 
Glaidstanis" and Margaret Glaidstanis his wife and their male 
issue; whom failing, to the Archbishop and his male issue; whom 
failing, to Mr. Herbert Gledstanes, Schoolmaster (ludimagister) of 
Dumfries'* and his male issue; whom failing, to John Gledstanes, 
merchant burgess of Dumfries, son of the late William Gledstanes, 
merchant burgess there," and his male issue; whom failing, to any 
heirs male whatsoever of the said John Glaidstanis of Over Kelwood, 
bearing the arms and name of Gledstanes (R.M.S. 1 593-1608, No. 
1776). 

Having thus disposed of his lands, John Gledstanes was 
succeeded, as regards his personal property, by two of his daughters, 
Agnes and Elizabeth, on 13 Apr. 161 9." He probably lived until 



12. He was a brother (or half-brother) of Walter Gledstanes of Over Kel- 
wood, as noted above. The present grant is stated to be made in recognition of 
his services, and for a sum of money (unspecified). 

13. Subsequently Archdeacon of St. Andrews. In 1638 he was ejected, and 
took refuge in England (Act. Pari. Scot. vii. 8S). He died in 1641, having had a 
son (dead in 1649) and three daughters, who, however, do not concern us here. 
(Testament Dative registered in Edinburgh Commissariot, 28 Nov. 1662). 

14. His relationship is unknown, and probably remote. He occurs occasionally 
in the records, for example, on 13 Nov. i6oi, in the will of William G., burgess 
of Dumfries (Edinburgh Testaments). On 17 June, 161 1, he is described as 
notary and schoolmaster at Dumfries (R.P.C. ix. 680). 

15. The relationship of William G. (and his son) to the maker of the settlement 
is unknown, and no doubt remote. William occurs several times in the records, 
dying in 1601. (See his will mentioned in the preceding note; confirmed on 14 May, 
1603). 

16. Inquis. Gen. Nos. 822-3. In the MS. Acts and Decreets (Vol. 382, fo. 297) 
under the date 1624, March 31, in connection with a dispute about the superiority 



30 NOTES. 129 

this time, and if so he saw his intentions with regard to the preser- 
vation of his house and name utterly defeated, for on 23 June, 1612, 
Alexander Gladstanes, the Archbishop's son, resigned the ;f 10 lands 
of Over Kelwood, with the fortalice &c. and the two chaplainaries, 
in favour of Matthew Hairstanes, an intimate court official attendant 
upon the Queen.^' Hairstanes married Elizabeth, one of John Gled- 
stanes' daughters, and, if we may trust Edgar's confused and in- 
accurate account, the marriage took place in 161 7, as the Court was 
passing through Dumfries to England. But it is much more prob- 
able that the marriage did not take place until 1619, and probably 
not until Elizabeth's father was dead, for on 8 July of that year 
Matthew Hairstanes obtained a new royal grant of the lands of Over 
Kelwood &c. to himself and his spouse, Elizabeth Gladstanes, and 
their heirs (R.M.S. 1609-20, No. 2055)." In his coat of arms, as 
recorded by Nisbet,^' his wife's arms are quartered as a compliment 
with his own, which fact has no doubt given rise to the erroneous 
notion of Nisbet and of Sir William Eraser that she was an heiress 
of Over Kelwood.^" 



over the Lanarkshire lands, John's daughters are given thus — Margaret, wife of 
James Watson, burgess of St. Andrews; Elspeth (or Elizabeth), wife of Matthew 
Hairstanes, of Craigs; Agnes and Bessie, one of them being married to John 
Hairstanes, burgess of Dumfries. But in the return of 1619 (mentioned above) 
we find that Elizabeth is described as " Elizabeth alias Bessie," which disposes of 
Bessie, and that Agnes was the wife of John Hairstanes is proved by a deed of 
18 Feb. 1628, in which Agnes Maxwell, widow of John Gledstanes of Craigs, 
assigns a mortgage of property in Dumfries to her son-in-law John Hairstanes 
junior, merchant burgess of Dumfries, and his wife, her daughter Agnes. (Deed in 
Dumfries Town Records). Agnes Maxwell's testament is recorded in the Dumfries 
Register under the date 1628, Nov. 9, and probably would confirm the above facts, 
which are, however, sufficiently well established. 

17. " Assecle sanctioris cubiculi regine," literally, " attendant or groom of the 
more sacred bed-chamber of the Queen" (R.M.S. 1609-20, No. 67S). Possibly 
Alexander wanted the influence of Hairstanes in connection with his application 
for the post of Archdeacon of St. Andrews, in which character (curiously enough) 
he appears on 8 July of this very year (R.M.S. under 1612, Aug. 6). 

18. Nisbet (Heraldry, 2nd ed., vol. i. p. 261) erroneously gives the date of 
this charter as 1629. 

ig. Heraldry (cited above), among the subscribers' arms at the end of vol. i. 
plate 12, fig. 10; also in vol. ii. plate 10. 

20. Sir William Eraser's Douglas Book, vol. i. p. xlviii. He is right, how- 
ever, in stating that the Gledstanes of Cocklaw came to an end with Janet Gled- 
stanes, who was alive on 21 Oct. 1726, but was dead by 21 Aug. 1734. (Charters at 
Cavers House, Roxb.). 



I30 NOTES. 30 

The origin of the Hairstanes family cannot be traced. The 
first printed reference to them is in 1580, when Mathew Harstanes 
witnessed a grant of lands in Dumfries by M. Thomas Maxwell, 
Vicar of Dumfries, to John Corsane (R.M.S. 1580-93, 100). With 
the exception of James Hairstanes (1598), messenger in the Sheriff- 
dom of Edinburgh (R.M.S. 1 593-1608, 868), the name occurs only in 
connection with Dumfries or the immediate locality. In all the 
Registers of Testaments in Scotland the name only occurs 7 times— 
5 times in the Dumfries Register, and twice in that of Kirkcud- 
bright. There is no reason to suppose that this James was of another 
family, or was other than the James Hairstanes, Officer of the Court 
of Assize in a process of apprising lands to Robert Charteris of 
Kelwode, 13 June, 1597, especially as David Walkar and Will 
Bautie, burgesses of Dumfries, served on the same Assize (R.M.S. 
1 593-1608, 579). 

Mathew Hairstanes was granted by the King for his services 
in 1610 the 23 merkland of Middlebie, which had been disponed to 
him by John, 7th Lord Maxwell, on loth Sept. 1607, sasine 
following on 9 March, 1610 (R.M.S. 1608-20, 219). He did 
not retain the property long, but reconveyed it to Robert Maxwell 
of Caerlaverock, son of the 7th Lord, who in his turn disponed it 
to his natural brother John Maxwell. (Barjarg MS.). 

Mathew's three daughters may have predeceased him, for his 
nephew, John Hairstanes, received a charter of Craigs from him on 
18 January, 1628 (R.M.S. 1620-33, 1188)." John Hairstanes 
married Agnes Gledstanes, the sister of his uncle's wife, thus ensuring 
that as much as possible of John Gledstanes' property should pass 
to the Hairstanes family. He may have adhered to the old Faith, 
for a John Hairstanes was present at a Popish marriage in the fields 
in 1634 (R.P.C. xix. 266). 

To John Hairstanes, the nephew of Mathew, is due the credit 
of acquiring the remainder of the original property of Kelwode, 
viz., Nether Kelwode, and consolidating it with the Over Kelwode 
and Craigs estate. 

This, as has already been shown, was effected in 1635, when the 
two dissevered portions of the ancient property were re-united. The 

21. James Hairstanes, who succeeded David Welshe as prebendary of Lin- 
cluden in 1617 (R.M.S. 1609-20, 1711), was perhaps a brother of Mathew. 



30 NOTES. 131 

Hairstanes family retained possession of Kelwode-Craigs till 1739, 
and further particulars of this*will)\;be found in the pedigree in f, 
Appendix D. 

Through the courtesy of Col. Mackenzie of Auchenskeoch, the 
present proprietor of the Craigs part of the property, it is possible 
to give the following notes, compiled from his private papers, con- 
cerning the modern devolution of his property. The Kelwode por- 
tion was again severed from the Craigs, and is now in the possession 
of Viscount Chilston. 

In 1735, William Hairstanes of Craigs signed a disposition in 
favour of Mary, Elizabeth, Isabella, and Winifred, his daughters, of 
the 10 merklands of Over Kelwode, with tower, etc., and NethCT 
Kelwode, also Bonnerlands, in the parish of Caerlaverock, all of 
which had been erected into the free barony of Craigs, including 
Over-Craigs, reserving life-rent for his wife, Mary Maxwell (Reg. 
at Dumfries, June 17, 1738). Sasine and charter under the Great 
Seal followed. The next year the girls disposed of the property 
to Charles, Duke of Queensberry and Dover. From a decret of 
valuation of Teinds at the instance of this Duke, 13 July, 1768, we 
learn that the property comprised Over and Nether Kelwode, Mos- 
side of Kelwode, Over-Craigs, Barnkein, Burnfoot, and Hightown 
of Craigs, and the park round the mansion house of Craigs. In 
1802, William, Duke of Queensberry, minor, and Crawford Tait, his 
trustee, sold the lands to James McNeil, baker in Dumfries, who in 
1807 further acquired the adjoining burgage lands of Wolfgill, 
formerly belonging to John Bushby, of Kirkmichael, writer in 
Dumfries. 

Bushby had got into difficulties with the Douglas Heron Bank, 
and in 1782 his creditors took possession of Wolfgill and Kemple- 
ton. He re-acquired them, however, in November, 1786, only to 
part with them again in 1806 to Thomson, Wallace, and McCracken, 
writers in Dumfries, who sold the lands to James McNeil. McNeil 
did not hold them long, but disposed of Craigs and Wolfgill in 
May, 1809, to Sir Charles Douglas of Kelhead. The property then 
rapidly changed hands Kelhead sold it in 1 8 1 1 to Andrew Gray, 
formerly of Southfield, who obtained from the same person the 
superiority of Bruntscairth and Middledargavel, in June, 18 14. 
Andrew Gray, merchant in Leith, eldest son of the above, was in 
possession in 18 19. It is not deemed necessary to follow the history 
of the property further. 



132 NOTES. 30—31 

Of the Hermitage and Chapel dedicated to St. Lawrence on 
the lands of Over Kelwode nothing remains, nor can traditioi) point 
to its site. But it seems highly probable that it is from the cell or 
hermitage (Latin cella, pronounced kella) of St. Lawrence that Kell- 
wood takes its name. The names of Over and Nether Kelwode do 
not figure on the Ordnance Survey, nor has a careful tour of the 
property thrown any light on the matter. Nether Kelwode, we know, 
included Overtoun, and a place of that name lies close to Shearing- 
ton. It is, therefore, possible that Nether Kelwode lay south-east 
of Bankend, and Over Kelwode represented the modern form of 
Kelwood. If that is the case the Chapel of St. Lawrence may have 
been situated near the modern cottage of Kelwoodburn. A few yards 
below the cottage is a fine old well, and no better place could be 
found for a Hermitage. Close to this site is a mound called on an 
old Ordnance Survey Map the Mote of Kelwoodburn. Mr. A. O. 
Curie has examined this mote, and is of opinion that the construction 
is not a mote in the proper sense of the term. It may be classified 
as a " fort," for lack of a better term. He regards it as a late 
enclosure, and thinks it was largely intended for concealing cattle 
in, and protecting them from the ravages of the wolves, etc. On 
the same Map is marked the remains of a Tower at the Place of 
Craigs. Only a heap of stones is now visible; there is nothing to 
indicate masonry. But here may well have been the residence of 
the Gledstanes and the Hairstanes. Though the last record of the 
Chapel is in 1619, it was one of the most ancient foundations in the 
district. It is alluded to in the Chartulary of Kelso Abbey (Vol. ii. 
p. 266) in an agreement between the Abbot and Convent of Kelso 
and Henry Wytwele, burgess, of Dumfries, dated 1215, regarding 
certain lands within the territory of the burgh. The lands are 
described as stretching as far as the road leading to the Chapel of 
St. Lawrence of Kelwode. (See D. & G. Antiq. Soc, 1892-3, p. 104). 



31. — The Greyfriars Convent in Dumfries has been fully dealt 
with by Mr. Moir Bryce, who refers to the contributions of all the 
previous writers on the subject. In the Transactions of the D. & 
G. N. H. & A. Soc, 191 2- 1 3, Mr. Shirley has collected all the re- 
maining material relating to this establishment. Where they have 
reaped, there can be little left to glean. 

Edgar is quite wrong in imagining that there were two separate 



31-34 NOTES. 133 

foundations at different dates. Dempster alleges that the Convent 
was founded in 1262 by Dervorguilla. Certainly, the Exchequer 
Rolls prove that the Grey friars were settled in Dumfries in 1264-6. 
From that time to the Reformation there is plenty of proof of a 
continuous occupation of the Convent by the Friars. 

When the English held Dumfries for a short time in 1546-7, 
the friars suffered severely. They were compelled to adjure their 
faith, and their Warden, and two of their number were hung at 
Carlisle. The English certainly contemplated pulling down the 
Friary to build a fort, but there is no evidence that this was done. 



3 2. — This passage, commencing with " This Convent of Grey 
Friars said to be founded by Dervorgilla," and ending with Duns 
Scotus, is reproduced almost verbatim by William Maitland, in his 
History of Scotland (1751), p. 261, which shows that Maitland must 
have had access to Edgar's work. In this connection it is worth com- 
paring Edgar's reference to St. Michael's, with Gough's in his 1806 
edition of Camden's Britannia iv., p. 67 : " The church thus 
defiled with blood, was pulled down, and another built in a different 
place and dedicated to St. Michael." Gough's statement is clearly 
a verbatim copy of Pennant (Tour 1772), with the omission of the 
addendum, " The tutelar saint of the Town." Pennant doubtless 
took his information indirectly from Edgar, for he expresses his 
obligations to John Goldie, Esq., of Dumfries, for information as to 
the Burgh and county. 

33. — The verses omitted by Edgar have been printed with a 
translation by Sir William Geddes, in Musa Lat'tna Aberdonensis 
(New Spalding Club), and are, therefore, not reproduced here. Sir 
William gives as his opinion that Johnston holds high rank amongst 
the Latin poets of Scotland, being only surpassed by Buchanan. An 
exhaustive bibliography of the works and extant portraits of Arthur 
Johnston, M.D., appeared in Scottish Notes and Queries, 1895, a 
scarce reprint by Lt.-Col. William Johnston appearing the same year 
at Aberdeen. 



34.— With the exception of a paper in D. & G. N. H. & A. Soc. 
1888, by the late Mr. Barbour, and Mr. Paton's book, the Pre- 



134 NOTES. 34 

Reformation history of St. Michael's has received httle attention. A 
few notes on the church and its vicars may be given here. The first 
recorded notice of the church is in the reign of King William who, 
in confirming the grants of previous kings to the Abbey of Kelso, 
added thereto the church of Dumfries, and the chapel of St. Thomas 
in the Burgh, together with 5 acres of land belonging to the church, 
and a toft in the Burgh belonging to that chapel (Reg. de Calchou, 
No. 4). License to alienate was withheld. This grant was con- 
firmed in 1252 by Walter, Bishop of Glasgow (ibid, No. 279). To 
the church also belonged the tithes of Kars, liferented to Lawrence 
the clerk for 2/s. yearly (ibid. 11). Lawrence was probably vicar. 
Some land had also been granted to the church by Ranulf, son of 
Dunegal, circa 1160 (Scots Peerage vi. 287). It lay within the fork 
of two roads, one going to the church of St. Blaan, the other going 
eastward round a rock called Greneham, and thence by a path to its 
starting point. Another benefactor was Adam, son of Henry of 

Dumfries, his wife M assenting. The location of this grant is 

not given, but the leind was occupied by Robert Lokesmyth, Walter 
son of William, Robert Scot, Roger Sutor, Walter the flesher, Radulf 
the merchant, Alan son of Emma, Adam Sumerswain and Alan de 
Bodha. These early writs have no dates, so it is difficult to assign 
the time when Martin the clerk was vicar (Reg. de Mailros, p. 184). 
He and his uncle Randulph, Dean of Dumfries, were parties to an 
arbitration relating to the above church, between the Abbey of Kelso 
and themselves. Perhaps the Dean claimed the patronage, for the 
terms of settlement were that he should deliver up certain charters 
relating to the benefice, in return for which the Abbey granted to 
Martin the church and chapels in the Burgh and in the castle, re- 
ceiving 20 marks of silver as rent, with relaxation in case of destruc- 
tion of the lands by war (Reg. de Calchou, 324). In 1250 Mag. 
Adam was vicar (Reg. de Mailros, 279). 

When the English held Dumfries in July, 13 19, Edward pre- 
sented an Englishman, Richard de Nateby, to the living. (Pat. Rolls 
13, Ed. II. m. 40). 

Another early vicar was Brice Keire, who, in June, 1349, was 
granted a papal reservation of a sinecure benefice in the gift of the 
Abbot of Abirbrothoc (P.L. iii. 349). The next recorded vicar was 
Gilbert de Mussald, who, in 1385, petitioned for an additional bene- 
fice, giving as a reason that the vicarage of Dumfries had been 



34 NOTES. T35 

destroyed by the English (P.P. i. 567). Gilbert was still vicar in 
1394, having meantime become Official of Glasgow. In that year 
he successfully petitioned (1) for a canonry of Dunkeld, with the 
expectation of a prebend; and (2) for a canonry at Glasgow — in 
addition to his vicarage (P.P. i. 558 and 613). In 1408 Dom Thomas 
Corsane was the vicar (McDowall, 208). Our next vicar is John 
Ayton, who was assigned to the still void living which he had ex- 
changed with the late Henry Tode' for that of Carlaveroch. The 
mandate was dated Aug. 1427 (P.L. vi. 496), and on 26 Sept. he 
received a Bull granting him the vicarage, whose fruits were stated 
to be 6 merks sterling (R.T. xxvi., f. 206). John Ayton seems 
to have lived almost till 1460. At any rate, in Jan. 1462, George 
de Scoriswoide (or Schoriswood), who, in 1452, had been rector of 
Cultre and Master of Arts (Drumlanrig Papers, i. 57), as well as 
Clerk of the Rolls in 1442, and Chancellor of Dunkeld in 1452, was 
in possession of the vicarage, which was declared vacant because he 
had not been promoted to holy orders (R.T. xxviii., f. 284). But 
there were at least two competitors for the living. Gilbert de Rerik 
was first in the field, making oblation for the first fruits, valued at 
;£^20 sterling, on 16 Jan. 1462 (ibid.). John Makke was not far 
behiind making oblation by procurator on 16 May, 1463, for the 
living, which was vacant by the death of John Ayton, and had been 
collated to Makke in form of surrogation, in right of George Schoris- 
wood (now dead), one of two litigants at the Roman Curia (ibid. 
308). It therefore looks as if on Ayton's death, Schoriswood 
obtained the living, and that Rerik tried to oust him on the spurious 
plea that he was not in holy orders, which plea was successfully 
rebutted. Schoriswood then died, and Makke promptly stepped 
into his shoes. But Makke had yet to deal with Rerik, who is found 
making oblation on 24 July, 1464, for the vicarage vacant, " certis 
modis" (ibid. 331). The previous month Rerik had obtained the 
prebend of Kirkmahoe and the parish church of Thankerton (ibid. 
329), but it is not known whether he succeeded Makke on his death 
or in consequence of successful legal action. 

In 1479 Mag. Roger Carruthers, a member of the Mouswald 

I. It must have been in Tode's time that Archibald, Earl of Douglas, granted 
inter alia, " 3 chalders of mele of the Kyrk of Drumfreis " to Michael Ramsay, as 
part of the sustentation of his oflSce of Keeper of Lochmfcben Castle. (R.M.S. 
M24-1SJ3. 143)- " 



136 NOTES. 34 

family, was vicar (Acta Aud. i. 127), and gave the church plate to 
St. Michael's. He witnessed the summons to Albany, which was 
affixed to the mercat cross that year (S.A.P. ii. 127). On 5 June, 
1 501, Mag. John Hugo, senior, appeared as vicar in congregation in 
Glasgow (Mun. Glas. Univ. ii. 116). Perhaps he was the "crukit 
vicar" who received Royal bounty in 1504. In 1507 Mag. James 
Heriot was vicar, and was elected procurator of the Scottish Nation 
at Orleans University (Scots. Hist. Soc. xliv. 96). He was still 
vicar in 15 17 (Drumlanrig Papers, i. 61). On 13 July, 1529, Dom. 
John Nenot made oblation for the annates of the vicarage, stated to 
be vacant by resignation within the Curia. Unless half the annates 
were paid within 6 months, Nenot had to certify non-possession. 
Clearly there was some difficulty in obtaining possession; indeed, 
Nenot proved intrusion by witnesses (R.T. xxxii. f. 148), but no 
particulars are vouchsafed. Perhaps the intruder was Schir John 
Saidler, who was dead by July, 1533 (D. & G. N. H. & A. Soc, 
1910-11, 27), and is described as vicar in that retour. In 1551 Dom. 
Peter Brice was vicar (R.M.S. 1548-80, 676). In Sept. 1558, Mag. 
John Brice witnessed a Lincluden charter ajs vicar (Maxwell Inven. 
286). On 19 Nov. 1567, he entered a protest against the disposal of 
the church plate (D. & G. N. H. & A. Soc. 1910-11). The plate 
had been given by Mag. Roger Carruthers, Thomas Car, and Mag. 
James Hend and other owners of the vicarage. Perhaps Ceu- and 
Hend had been vicars at one time. Brice was curator for Margaret 
Maxwell of Kirkconnell in 1574 (Cal. of Deeds, xiii. 302), parson 
of Kirkpatrick Irongray (Abbrev. Feu. Cart, i., 182), and was still 
alive in 1579 (R.M.S., 1546-80, 2889). 

Some complications which will have to be cleared up by 
the future historian of St. Michael's occur in references 
to a Schir James Brice, vicar of Dumfries, who was a 
witness in Oct. 1599 (McDowall's Lincluden, 127), amd 
Mr. John Welshe, vicar, in 1568 (D. & G. N. H. & A. Soc. vi. 116). 
Perhaps Schir James Brice may be identified with Mr. James Bryson, 
minister of Dumfries in 1 58 1. (Bk. of Universal Kirk, 532). Maistre 
Ninian Dalzell is described as vicar (Aitken MSS.), but if he ever 
was vicar, he changed to the reformed faith at an early date, being 
ordained in 1567, and deposed in 1579. Though ministers of the 
reformed faith took possession of St. Michael's, Catholic vicars were 
still appointed, hampered and harassed in their ministrations by the 
intolerance and persecution of the Rev. Robert Pont and his succes- 



34 NOTES. 137 

sors. In I579i Mag. Thomas Maxwell was vicar, acting as attorney 
in addition to his spiritual duties (R.P.C. iv. 217).^ He was 
presented to the livings of Morton (1580), and Gretna (1585), and 
was also Reader of Redkirk and Ranpatrick, and preceptor of 
Trailtrow (Scott's Fasti). He was still alive in November, 1591 
(Herries Inven. 289), but was dead by June, 1602, when Elizabeth, 
his daughter, was one of his heirs portioners in the ecclesiastical 
lands of the vicarage, and the teind sheaves and small teinds thereof, 
valued at £'10 6s. 8d. (Inquis. Spec). He was succeeded by Dom. 
John Grier, vicar in May, 1606 (R.M.S. v. 1744). 

St. Michael's church contained several altars and chaplainries, 
of which Mr. Barbour mentions : 

(i) The altar of St. Anna, founded in 1547 by the Tailor Trade. 

(2) The altar of St. Nicholas, of which the McBrairs were 
patrons, and the Newwark the endowment. 

(3) The altar of the Blessed Virgin Mary, of which Schir Harrie 
Mersar was chaplain in Feb., 15 19, when he was made a freeman 
(Aitken MSS.). On 10 April, 1520, he was in dispute with Thomas 
Makinnane concerning the lease of "our Lady Place." Schir Adam 
Broun was chaplain in 1534, protesting against a Hairstanes inquest 
(Burgh Ct. Bks. 15 April). Associated with this chaplainry was 
the service of " our Lady Chapel lichts," of which Schir Herbert 
Gledstanis was appointed Maistre on 2 Oct. 1532, in succession to 
Schir Harrie Mersar (Aitken MSS.). 

(4) The altar of St. Gregory in the chapel dedicated to that 
Saint, founded by Mag. Herbert Gledstanis, and endowed with land 
and a great stone house called " St. Grigors Place," lying on the 
west side of John Rawlings Close (Aitken MSS.). This is referred 
to in 1541 as formerly belonging to the late Schir Herbert Gled- 

2. Pitcairn calls him the fighting henchman of Drumlarig. On 17 July, 1581, 
he petitioned for the taxt of Dumfries vicarage and the benefices of Redkirk and 
Trailtrow respectively (Aitken MSS.). On 20 March, 1588, he was granted sasine 
of the Sandbed mylne. On 10 Nov., 1589, he transferred it to William, 5th Lord 
Herries (orig. in Town Charter chest). From Lord Herries the mill descended 
through his 2nd son, Sir William Maxwell of Gribton, to John Maxwell of 
Gribton, who was infeft on 26 Oct., 1629. The following October Maxwell and his 
wife, Jean Richardson, disposed of the mill to the Burgh, It was then a malt 
myln. 



138 NOTES. 34 

3tanis. In 1575 it belonged to Schir James Gledstanis, who had 
let it to his brother John on 25 Nov. 1562.* Dom. David Makgee 
had been chaplain in 1509 (R.M.S. 1432-1513, 3335). 

(5) The altar of St. John the Baptist. 

(6) The altar of St. Andrew, of which the Haliday family were 
patrons, and Schirs David and Patrick Wallace the chaplains. In 
1570 John Haliday had to produce his evidents, which were based on 
a sasine of 3 1 March, 1 547, in favour of Schir David Wallace of the 
lands and rents of the altar (Aitken MSS.) 

(7) The Haliblude altar, founded by the Cunyngham family. 
Part of its endowment was the Rude House lying in the Millgait, 
of which John Rogerson gave up all right in May, 1563. Schir 
James Gledstanis was chaplain of this service in 1575 (Aitken MSS.). 
In 1561 the rental of the service was given up by Mag. William 
Burnet, late Master thereof. Schir John Symsoun was presented to 
the chaplainry on 14 July, 1506, in succession to the late Schir John 
Crechtoun (R.S.S. i. 1302). 

(8) The altar of St. Ninian, which was associated in some way 
with the Haliblude. They were apparently served by a single 
chaplain, Schir James Gledstanis officiating as such in 1548 (Aitken 
MSS.). He was brother of Mark Gledstanis^ merchant in Dumfries, 
and son of Herbert Gledstanis, who was still alive in Feb. 1548-g. 
(See Mark's will in Glasgow Test.). In 1570 Schir John Sinclair 
was chaplain and liferenter (D. & G. N. H. & A. Soc, 1910-11, 242). 
He had previously sued the Town Council for arrears of his rentals 
on 5 Sept. 1563. In Oct. 1573, he was disputing with the Council 
over the " bluiding " of John Reid. (Aitken MSS.).' Amongst the 
Town charters is an interesting rental of St. Ninian's service, dated 



3. It remained in the family as late as Oct., 1648, when Mr. Herbert Gled- 
stanis, minister of Troqueer, gave sasine of it to Thomas, 3rd son of Herbert 
Gledstanis (Aitken MSS.). 

4. On 7 Oct., 1535, the town had to take action against certain chaplains 
because they had not performed the day services contained in their respective 
charters of erection. The chaplains concerned were of Our Ladie Service, St. 
Ninian's, and the parish clerk. Others were appointed in their place, with " ane 
marrit man to be heid amangis thaim." The discharged chaplains were Schirs 
David Welsche and Kichard Maxwell. (Aitken MSS.). At about the same date 
Schir John Oliver was chaplain of St. Ninian's Service, receiving by forfeit a 
tenement in Lochmabengait from Richard, son of the late Gilbert Macruith (ibid.). 



34 NOTES. 139 

1561. Part, if not all, of the endowments were called, " Howesown's 
rent (see App. A. No. 27.).'"* 

As to the kirklands of the vicarage, these were disposed of by 
Mag. Thomas Maxwell in 1580. Three acres were granted to John 
Corsane (R.M.S. 1580-93, 100), and three more were acquired by 
David McGhie, burgess, in feu for ;tio scots, and 6/8d. augmenta- 
tion on 28 Feb. 1580 (Abbrev. feu cart, ii., f. 130). On 15 April, 
1585, Mr. Thomas granted 6 ruids of the glebe to John Annand, son 
and heir of John Annand, burgess, for 6/- scots feu (Reg. of Pro- 
duction of Charters of Kirklands, f. 131b), and on 16 March, 1598, 
granted to John Gledstanes, physician, the merkland " callit the out- 
field viccarie," for the feu duty of i3/9d., with 2 bolls of oats as 
teind sheaves (ibid. f. 131a). He also alienated 7| acres of vicarage 
lands on 22 Sept. 1591, to John Irving and Elizabeth Kellock his 
wife (Aitken MSS.). But the Kirk must have owned other proper- 
ties, such as the tenement in the Yairdheids, held in feu from the 
Friars, which was bequeathed to the Kirk by Schir John Walcar 
parson of Dalton, circa 1526 (Aitken MSS.). 

Amongst the recorded incidents connected with St. Michael's, 
reference must be made to the episode of 1539 (Reg. Ep. 
Glas. p. 553), when Cardinal David Beaton elevated his 
Cross (see Note 25). The Church was also the scene of an 

unauthorised service on Christmas Day, 1574, when, on the Minister 
and Reader declining to hold a service, the inhabitants of the Burgh 
proceeded to import a Reader of their own, and hold a service (Bk. 
of Universal Kirk, i. 334, and Hay Fleming's Reformation, 440)." 

The year 1607 saw several disturbances in the Kirk, one of 
them relating to burials within the building. On 4 July the Session 
petitioned the Privy Council, complaining that the acts for discharg- 
ing burials in kirks had long been observed in Dumfries, till a recent 
regrettable recurrence of the practice. On the death of the wife of 

Irving, burgess of Dumfries, he and his son John, with a 

" grete nomber of insolent and lawless personis," brought the corpse 



5. This was probably the chaplainry without cure of souls, founded in the 
parish church by the late John Hawys, valued at 20 gold florins, of which Dom 
John McBrenny was chaplain in 1381, when he petitioned for the void church 
of Buittle (P.P. i. 556). He rendered the accounts of the bailies to the Exchequer 
in 1398 and 1399. (Ex. R. iii. 446-7). 



140 NOTES. 34 

of their mother to the Kirk, broke open the door by running at it 
" with grete jeastis," made a grave within the edifice, and buried her 
therein. The example was infectious; for getting wind of what was 
about to be done, WiUiam Frude and Alexander McBrair " brocht 
with thame ane uther corps at the same instant and layed the same 
in the Kirk " ; whilst James Forsyth, at the same time, " verie in- 
humanelie oppynit his faderis grave (in the kirkyard where he had 
been interred six days before) lifted and raised his corps furth 
thairof, maid ane new buryell in the kirk and preist violentlie to 
have laid his father thairin." Summons were issued, but the affair 
was probably settled locally (R.P.C. xiv. 491). Another disturb- 
ance of the same year related to the Cunnyngham Aisle. Cuthbert 
Cunnyngham, of Conheith, notary burgess, and " Titular of the lie," 
complained to the Privy Council that on 27 July John Rayning, of 
Gallariggs, and several relations had during morning prayers when 
the Kirk was full of parishioners, " with quingeris, acxis, foirham- 
meris, etc., raisit and cuist down the Cunnyngham stall, and removed 
it out of the Yle on to the Kirk flure." The said Aisle had been 
" biggit for our funerall, and heiring of Godis word," by the family 
past memory of man, and Cuthbert had erected there with authority, 
a stall. The Cunnynghams promptly replaced the stall in their 
Aisle, whereupon, on the following Saturday, the defenders returned, 
completely demolished the stall, and " keist the broken tymmar and 
spaellis on the flure," threatening to kill Cuthbert (R.P.C. xiv. 
512). Another disturbance took place the same year, when the Kirk 
session gave permision to the Young family to erect a desk or pew 
west of the pulpit, and above the grave of the late Archibald Newall, 
notary. The Youngs erected the stall at their own expense, but one 
Sunday whilst Patrick Young chirugeon was "sittand in my awin 
dask disposing myselff only for the heiring of the Holy Word," 
James Newall, son of a deceased bailie of that name, attempted to 
eject him with a whinger. The Newalls being the agressors were 
bound over in 1,000 merks each (R.P.C. viii. 2nd ser., 283). There 
was also a McBrair Aisle, where that family was buried. There is 
mention of it as late as 8 June, 1747, when the Town Council were 
summoned before the Lords of Session in a process raised by the 
Netherwood family anent their burying place in St. Michael's Church 
(T.C.M. of date). The Kirk session records for Nov.— Dec. 1682, 
contain a quantity of information with regard to the allocation of 
seats amongst the Burgh Families. 



55-36 NOTES. 141 

35. — This is a reference to the early Mystery Plays or Pageants, 
which were encouraged by the Pre-Reformation Church. They were 
performed at the Feast of Corpus Christi, or the Haly Blude, and 
developed into the May play and the modern carnival. The prin- 
cipal actor was the Abbot of Bon-accord or the Abbot of Unreason. 
He was supported by a Prior and other mock ecclesiastics. Some- 
times they took the form and title of Robin Hood and Little John, 
with their numerous followers of the greensward (Burgh Rec. of 
Aberdeen, Spalding Club, i., xxiii.). The performances were bur- 
lesque, and became licentious. In 1555 they were suppressed, severe 
penalties being subscribed (S.A.P. ii. 500). The old customs were 
not easily stopped, lingering on for a long time. 



36. — The so-called Castle, or Lord Maxwell's Town-House, has 
been dealt with by the late Mr. James Barbour, F.S.A. Scot., in D. & 
G. N. H. & A. Soc. 1905-6. Since his paper was written, some fresh 
material has come to hand which corroborates his statements. Edgar 
is quite wrong when he asserts that Lord Maxwell obtained from 
the Burgh in 1569 the land on which the edifice stood, and which 
land had belonged to the Franciscan Convent; and he is equally in 
error in stating that the edifice was built in 1572. On the other 
hand, though the actual site of the Castle was probably a Burgh 
feu, yet the castle grounds and gardens, as shall be seen, were 
obtained from the Grey friars. It is to be regretted that it has not 
been possible to obtain access to the Maxwell papers. Fraser's 
Inventory contains an item which must surely refer to this site. In 
148 1 Robert Lord Maxwell obtained sasine of a tenement in Dum- 
fries. The witnesses are given, but no particulars relating to the 
actual site. This sasine could not relate to the Moatlands, as the 
same Lord Maxwell had had sasine of them in 1466 (Ex. R. vii. 
431), and as his Town House site is the only other known property 
of the family in the Burgh, it may be hazarded that 1481 was the 
date on which the Maxwells obtained the site. As Mr. Barbour 
points out, in 1545 Lord Maxwell described the edifice as his "new 
house." It is, therefore, clear that the site could not have been 
obtained from the Grey friars in 1569. 

But on 24 June, 1551, Lord Maxwell did obtain from the Grey- 
friars a feu of A an acre and | a rood of land in the east part of 
Friars yard, contiguous to his "Place" (Moir Bryce, ii. 104). To 



£42 NOTES. 36 

this he probably added. Thus, by 1575 he had acquired the yard 
and Kirksted of the Greyfriars (D. & G. N. H. & A. S. 1910-11, 33), 
though these grounds were separated from the site of Lord Max- 
well's House by the Straitfurde. In 1570 the Earl of Sussex "cast 
down " the Maxwell's House in Dumfries (R.P.C. xiv. 73n, quot- 
ing Calderwood).'^ The Maxwells at once rebuilt it, for, as Mr. 
Barbour points out, they occupied it in 1580. The rebuilding, and 
not the original edifice, as stated by Edgar, may have been completed 
by 1572, and it is probable that the stones of the Convent were used 
for that purpose. Edgar must be wrong in giving 1540 as the date 
of the pillaging of the Convent for this purpose. The Convent 
was occupied by the Friars for over 20 years later. But 1540 may 
well have been the date of the erection of the " New House " of 

1545- 

It was not till a good deal later that the building came to be 
called a Castle. When Maxwell, Earl of Morton, was commanded 
in 1584-5 to enter ward at Blakness, and surrender his castles, it was 
described as his " house in Dumfries " (R.P.C. iii. 725). When, in 
1 592, Letters were executed on Lord Maxwell there, Steven Glencorse 
yett porter witnessing the execution, the building was called " Lord 
Maxwell's dwelling place in Dumfries " (R.P.C. v. 753). It was 
not till December, 1607, that it first appears as the Maxwell's " Castle 
in Dumfries " (R.P.C. viii. 28). 

In 1608, when John Lord Maxwell was outlawed for the murder 
of Johnstone, the Town Council was ordered to hand over the Castle 
to Sir William Cranstoun, to hold with a garrison (R.P.C. viii. 73). 
In 1621 the forfeiture was reduced in favour of Robert Earl of 
Nithsdale, brother of the outlaw (S.A.P. iv. 635), and the garrison 
would seem to have been withdrawn. In February, 1623, Lord 
Murray of Lochmaben received a charter of the " Palace of Dum- 
fries," and the lands of Harkhauch and Carlaverock (Scots. Hist. 
Soc. XV. 76). 

Mr. Barbour states that the Castle was dismantled in the Civil 
Wars, and quotes the estimates for repairing it in Sept. 1659. The 
scheme was not undertaken, but we know that William Ross, of 
Rossyle, commissary of Dumfries, was given a sasine on precept by 



I. On the east of the castle in 1573 stood the tenement of Janet, heir to her 
father, James Ktrkpatrick, adjoining which, further east, stood the tenement of 
John Shortrig, son and heir of the late John Shortrig. (Aitken MSS.). 



36 NOTES. 143 

Robert Earl of Nithsdale, on 8 Oct. 1659, of the " Mansion-house in 
Dumfries, callit the Castle" (Maxwell Inventory, 810). It is quite 
possible that Edgar is correct in stating that the sasine was the 
result of numerous loans by Ross to Lord Maxwell. Burnside states 
that the Castle was described in some old sasines of the Duke of 
Buccleuch as " Magnum Palatum." Certainly it is thus described 
in the marriage contract of James, Duke of Monmouth, and Anna, 
Countess of Buccleuch, 1663, when the Countess resigns, for a new 
infeftment, inter alia, " All and haill the Great Hous or Pallace in 
Drumfres, with housis, orchairdis etc. perteining thereto; and 
speciallie the barnes & barneyairdis lyand to the eist of the Burgh 
of Drumfres, near the Tounheid thairof, possest by the deceist 
Robert Earl of Nithisdaille & his predicessoris ; all & haill these 
twa backhousis & yairdis perteining thairto lying near the water 
of Nyth, besyd the Sand beddis thairof, on the west & south-west 
sydis of the samyn Burgh, alsweill possest by the said deceist 
Robert," etc. (Scotts of Buccleuch, ii. 472). Lower down in the 
same document the lands are referred to again as " the great Ludge- 
ing or Pallace in Drumfreis." In 1670 the Castle close was certainly 
in an unkempt and dilapidated condition (R.P.C. 3rd ser. iii. 654). 
The buildings were unoccupied, for though there was a garrison 
under Col. Hurry (or Urrie) in Dumfries, it was billeted on the in- 
habitants, with the result that there were constant disturbances. It 
was doubtless these troubles which led to the repair of the Castle for 
the use of the garrison. In 1675 the magistrates of the Burgh were 
in possession, making the edifice ready for a garrison. These repairs 
could not have been completed by 13 July, when the Privy Council 
ordered ^ a company of foot and 12 horsemen to be the garrison, for 
on 2 Sept. the Commissioners of Excise were ordered to get the Castle 
ready under pain of horning (S^^SsJl 3rd ser. iv. 425, 473). In 
1693 the Town Council was charged as superiors to infeft Lady 
Mary Maxwell " in that great house and palace of Dumfries," which 
had been decerned to belong to her by letters of Horning, 5 Feb. 
1686 (Nithsdale Inventory, 155), on payment of 10,000 merks,^ and 
not, as stated by Edgar, ;fi'i,ooo sterling. 

The site of the Castle has been definitely located as just in front 

'■i. Perhaps the payment was in connection with the recision of his father's 
forfeiture, which Robert, 2nd Earl of Nithsdale, obtained in 1647 for a fine of 
10,000 merks. (S.A.P. vi., Ft. i. 680). 



144 NOTES. 36—37 

of the present Greyfriars church (D. & G. N. H. & A. Soc, 1910-11, 
25), which is built on the Castle close and garden (T.C.M. 20 Jan. 
1724). John McDowall younger of Logan, who sold this site to the 
Town, had acquired a considerable part of the Maxwell's land in the 
burgh by disposition from William Earl of Nithsdale, on 21 June, 
1715, for the sum of ;f 140 sterling, " as the adequate value thereof." 
(Reg. Sas. Dumfries, i June, 1716).^ 

37.— Lord Maxwell's bond is rather a mystery. It has not yet 
come to light amongst the Town's Papers. But we know 
that " Robert Lord Maxwell's bond for the feus of his 
Castle yard" was taken out of the Charter Chest on 25 
July, 171 5, and examined (T.C.M. of date). Further, there 
was still extant in 1785, and mentioned in Malcolm's rough 
Inventory (T.C.M. 28 Feb.), ag " Obligation by John Lord 

Maxwell to the Town of Dumfries 1572." To which of 

these documents Edgar refers, and what they contained, is not 
known. But one or other, or perhaps both, caused the Town Council 
considerable anxiety in 1721, when the purchase of the New Kirk 
site was under consideration. The Council sent a Memorial to 
Charles Erskine of Barjarg, asking his opinion of the proposed 
purchase, and to what extent the Bond would affect the Titles. Un- 
fortunately, a copy of the Memorial cannot be found. But from 
the " Answer to the Memorial," some idea of the difficulty can be 
gathered. Erskine gave no definite answer, as the legal aspect of 
the case depended on facts which were not ascertained. But it seems 
clear that the late Earl of Nithsdale had had a power to contract 
;^3,C)00 of debt, and also power to sell for payment thereof, notwith- 



3. In the sasine the property is described as " that waste ground whereon 
the Earl's Great House stands, with the high houses round the closs, now ruinous, 
with the great gardens at the back thereof, and the little yaird on the west side of 
the closs, together with the walk from the said garden to the River — all bounded 
by the High Street on the south, the houses and property of Dr. George Archibald 
and John Rule on the west, the Haugh lands of John Maxwell of Middlebie on the 
north, and the tenement of Robert Edgar, writer, on the east ; and also the yard 
called the ' stackyaird,' and a waste teynd barn lying eastward of the Castle, 
between the tenement of Robert Mitchelson on the north, the backbarn-raws on the 
eist, the High street on the west, and the yaird of Thomas Cowrick on the south." 
Feu duty to the Burgh 6/8 for the Castle and gardens, and i/- scots for the 
stackyard. 



37-38 NOTES. 145 

standing he had never been infeft in the property, though his son, 
Lord Maxwell, had been. Erskine raised a fresh complication by 
suggesting that the superiority of the land had been Temple lands, 
purchased by the Maxwells from Ross of Auchenlossan, who had 
obtained them by progress from Captain William Ross, in which 
event the Earl was not called on to be infeft more burgi, or have his 
sasine registered. 

The Town Council was also apprehensive concerning alleged 
adjudications in the person of the Countess of Traquair and William 
Veitch, writer in Edinburgh, the former of whom had been infeft 
under the Great Seal. Erskine, however, gave it his opinion that there 
was no harm in the purchase, and that as to the Bond (whatever it 
may have been), notwithstanding its date and the forfeiture of the 
Earl, it would be good and valid. (See " Answers to Memorial," in 
T.C. Chest). From this it appears that the Maxwells had raised 
money from various persons on the Castle property, and that the 
Town Council were in doubts whether the Town would hold in 
priority of other creditors. 



38.— Captain William Ross, of Drumgarlands and Rossisle, 
though not recorded in Dalton, was a vigorous Cromwellian. He 
was commissary of Dumfries from 1656-58, and perhaps longer. 
Amongst the Glen-Riddell MSS. at the Soc. of Antiquaries, Edin- 
burgh, is the Commissary Court Book of those years. Though Com- 
missary in 1656 (Scots. Hist. Soc. xxxi. 316) he seems to have been 
turned out of office the following year prior to August, but on 
General Monck representing him to be an honest man and a friend 
of hisj a commission was passed under the Great Seal restoring him 
to office on 22 Sept. 1657 (R.M.S. 1652-9, 6ig). 

Monck, in one of his letters, says of Ross : " For truly he has 
been as serviceable to me in giving intelligence and apprehending of 
rogues, that no man that I know in Scotland but are like him ; and 
has never received any salary or encouragement for his pains." 
(Thurloe State Papers, vi. 443). In Sept. 1671, Ross obtained a 
charter of Mid-Glen in Newabbey from Archibald Stewart of 
Shambellie (McKerlie v. 22). 

He was dead by the close of 1676, being succeeded in numerous 
properties which he had acquired, by Patrick Ross, in Formastoun, 



146 NOTES. 38—40 

a distant relative. These consisted mainly of Temple Lands in 
Dumfriesshire and the Stewartry, an annual rent from the barony 
of Newark, which he had obtained by reversion from David 
McBrair, the templands of Gibbie's close, containing 6 acres of land, 
with teinds in the parish of Dumfries, the Maxwell's mansion house 
there called the Castle, with the moat in front thereof (fundo ante 
castrum), and the brewhouse, bakehouse, and garden called Frier- 
yard. 

Francis Ross, of Auchenlossan, was his executor, who, dying, 
was succeeded by his grandson, Capt Francis Ross (younger), exe- 
cutor in 1704 for further undisclosed property of Capt. William 
(Edinburgh Tests.). 

39. — James Ross, the dyer, had been obliged to humble 
himself before the Kirk Session on 5 Oct. 1673, for saying 
that he had given Martin Newall, late bailie, " the selling 
of 16 ells of shiff and of half ane plaid for his kind- 
ness and friendship " whilst bailie (Burnside). According 
to the Aitken MSS. as servitor of Francis Ross, of Auchen- 
lossan, James Ross had been admitted burgess, with Auchenlossan, 
on 10 Oct. 1685, but the extant Register of burgesses has the dyer's 
admittance under date of 15 Aug. 1670. The relationship between 
these Rosses is difficult to determine. 



40. — Mr. Hew Henderson, or Henrison, was admitted minister 
at St. Michael's on 30 Nov. 1648, being transferred from Dairy. He 
had previously (1643) been deputed to minister in the North of Ire- 
land, and in 1645 had been chaplain of Col. Stewart's Regiment. He 
was joined as colleague on 11 Oct. 1658, by Mr. George Campbell, 
who married Henderson's daughter Rosina. The two ministers were 
imprisoned at Edinburgh in 1661 for refusing to observe the anni- 
versary of the Restoration (Aitken MS.^. Both were deprived of 
their livings on the Establishment of Episcopacy. The two at once 
started preaching at Corsockwood, where they are supposed to have 
lodged for a year (" Blacader's Memoirs," quoted in Aitken MSS.) 

On 17 Oct. 1688, Mr. Campbell received a call to Edinburgh, 
but the General Assembly determined he should remain at Dumfries 

Francis Irving, M.A., was translated from Tral^eet in 1645 to 



40—42 NOTES. 147 

Kirkmahoe. After taking his degpree at Edinburgh in July, 1624, he 
served for two years as a schoolmaster in Dumfries. Deprived on 
Episcopacy, he was indulged in 1672 at Symington, but refused to 
act. Denounced for keeping Conventicles in 1674, he was imprisoned 
on the Bass in 1679, the Tolbooths of both Dumfries and Edinburgh 
being familiar to him (Scott's " Fasti."). Restored to Kirmahoe in 
1689, he died there in 1695, " as our Burial Register attests " (Burn- 
side MS.). 



41. — The reference must be to Harvard University, founded in 
1636 by a grant from the General Court of the Colony. Two years 
later, the Rev. John Harvard bequeathed ;f8oo and a small library to 
the new project. The College was formally inaugurated in 1640. At 
first the College was very poor, being sustained by subscriptions from 
friends in Massachusetts and England, with occasional legacies, such 
as ;{^ioo from the estate of Mathew Holworthy, merchant in Hackney, 
Middlesex. But at no time did the University advertise for bene- 
factors (Bush's " Harvard."), as far as recorded. 



42. — The Tolbooth must have been one of the oldest buildings 
in the town. There is good reason for ascribing its erection to the 
period November 1473-81 (D. & G. N. H. & A. Soc. 1912-13). 

It experienced Vcirious vicissitudes being put in wadset from 
1567-1576, and redeemed by the sale of the Greyfriars Convent 
(D. & G. N. H. & A. Soc. 1910-11, 205). 

By 17 1 8 it had got into a dangerous condition, and a committee 
was appointed to report on it (T.C.M. 14 Ap.). The committee in- 
spected the high house or open prison, then the Tolbooth proper, 
below the high house, the four shops under the Tolbooth, and 
finally the three vaults below, and recommended that the forewall 
bounding on the High Street should be pulled down. Notice was 
given to the proprietors of the shops, Adam Kennan in Isle Steppes 
who owned the northmost, James Shillotson and Harbert Dickson 
merchants, Elizabeth Kellock relict of Simeon Pickersgill, writer 
and John McNaught, writer in Brigend (T.C.M. 16 June, 17 18). 
A lean-to at the back was owned by Thomas Ferguson, taylor. 
But next year it was decided to pull the whole building down. 
This was commenced on i June, 17 19. It was finished by 1725 when 



148 NOTES. 42—43 

the new building was allocated as follows: next the foredoor a 
convenient writing office for the Town Clerk; the inner part of the 
second storey was made a Council House; the upper storey was 
divided into three rooms, one for a writing school and the other 
two for the Town's use; finally the garret was used as the Town's 
Magasine (T.C.M. 7 June). 



43. — Edgar's statement that the Prison or Pledge House was 
built at the King's command and the Town's expense, seems accurate. 
The Exchequer Rolls show no remission of rents due to the Crown, 
the form which any Royal grant in aid of the work would take. 
It was about 1578-9 that the Royal command was given to build 
the Prison. On 4th April, 1579, the Provost and Town Council sent 
a Petition to the Privy Council relating thereto. It was to the 
effect that they had recently been instructed by an Act and ordnance 
of the Secret Council, to build " ane sufficient prisoun-hous of three 
hous hicht" on the north side of the old Tolbooth, and to make 
" the condampnit prissoun in the boddum of the hous." When 
building operations were commenced, it was found that the ground 
on which the building was to be erected was " sandy and stanerie." 

The Town Council feared that if prisoners were lodged in the 
basement, they might work under the walls and so escape, and 
therefore urged that the condemned cell should be on the upper or 
middle floor. It was further pointed out that in the basement, there 
were "slittis maid laich throw the same hous to let in the air" 
wherby, without the jailors' knowledge, the friends of the prisoners 
could converse with them and help them to escape. The Town's 
petition was granted, provided that the upper floor room was " suir & 
sufficientlie voltit " (R.P.C. iv. 1 29). The building was probably 
completed by 1583 as stated by Edgar. The necessary funds for 
the building were raised by setting in feu to James Browne and 
his heirs the basement of the prison (See Appendix A. No. 35). 

Amongst the Town's papers is a bundle of documents referring 
to the erection of the Prison. Prior to its erection, the Tolbooth 
was used for this purpose, prisoners being warded in the Pledge 
Chamber there in August 1578 (R.P.C. ii. 24). The Tolbooth 
however was insufficient for its work, hence the building of the 
Prison. 



44—46 NOTES. 149 

44. — The history of the Market Cross has been amply dealt 
with by the late Mr. Barbour and Mr. Shirley (D. & G. N. H. & A. 
Sec. 1900-1, 85 8e 1910-11, 201). In brief, its first appearance on 
record is in 1575 when the Council decided to feu it to the highest 
bidder on condition that it was rebuilt, it being in a very dilapidated 
condition. It was probably little more than a cross on a pedestal, 
but William Edgar merchant secured the site with a bid of 47 
merks and 40s. annual rent. Sande McGown and Robert Mychelsone 
were his partners, and the Cross was re-erected by them in the 
edifice described by Edgar, substantially occupying the present 
raidsteeple buildings. But there was no steeple in those days. 

In 1690 Thomas McGown, merchant and afterwards Provost 
of Irvine, obtained permission to enlarge it as described by Edgar, 
and to provide a battlement for it, the style of which was later 
adopted for the battlement of the steeple. McGown added another 
storey to the building, thus making six shops instead of four. 
During these alterations the Cross disappeared and cannot be 
traced. 

45. — " Oracles from the tripod." A Latin proverb. 

46. — Edgar is wrong. The town of Liverpool never claimed 
the lands or orchard attached to Liverpool Castle. In 1669, Caryll, 
3rd Viscount Molyneux of Maryborough, as Hereditary Constable 
of the Castle, laid out a new street through the Castle orchard, 
and proceeded to construct a bridge over the Pool, the further end 
of which bridge was built upon the waste lands of Liverpool. 
The town authorities at once destroyed that end of the bridge, and 
so raised the legal question as to the ownership of the waste lands, 
that is, whether they belonged to the town, or to Lord Molyneux 
as lord of the town and manor of Liverpool. Litigation ensued; 
but, after much bargaining a compromise was made, by which the 
town agreed to take a lease from Lord Molyneux of the manorial 
rights for 1000 years at a fixed rent, and Lord Molyneux agreed to 
pay to the town a nominal sum of twopence yearly in respect of his 
disputed right to make the bridge on to the waste lands. This 
compromise or agreement was made on 6 Oct. 1671, was renewed 
on 20 March, 1672, and was put into full legal form on 27 May of 
the same year (1672). (See Sir James A. Picton's Municipal Records 



150 NOTES. 46—47 

of Liverpool, vol. i. (1883), pp. 275-81; James Touzeau's Rise and 
Progress of Liverpool, vol. i. (1910), pp. 274-7, and the documents 
printed in Prof. Ramsay Muir and Miss Edith Piatt's History of 
Municipal Government in Liverpool (1906). pp. 38i-90- I" ^777 
the town authorities purchased the reversion of the 1000 years lease. 
Liverpool Castle itself was acquired by the Corporation from the 
Crown, first on lease in 1705, and finally outright in 1 71 8. (See 
Liverpool Vestry Books, ed. by Henry Peet, vol. i. (1912), pp. 418-19, 
and 426-7). 

47. — No record has yet been discovered that can throw any 
light on the origin or appearance of the Auld Brig of Dumfries. 
Tradition asserts that the present structure was erected by Dervor- 
gilla. As most of the known bridges of that period were made of 
wood, so too may have been Dervorgilla's. Mr. Barbour has 
pointed out that it is reasonable to infer that she created a toll 
levied at the Brig for the endowment of the adjoining Greyfriars 
Convent, stated to be one of her foundations.* On 16 Jan. 1425, 
the Countess of Galloway granted by charter to the Greyfriars a 
toll levied at the Brig. A few years later the building was pro- 
gressing but slowly and a Papal Letter was issued giving relaxation 
and absolution to every one who gave alms " towards the building of 
the bridge which has been recently begun " (D. & G. N. H. & A S. 
1910-11, 19). It is more than open to doubt whether the theory 
accepted by Mr. Barbour is correct — namely that this " recently 
begun " refers to repairs commenced. The wording of the 
Papal Letter is quite distinct. It contains no mention of " repairs." 
It therefore seems more reasonable to conjecture that the bridge 
referred to in 143 1-2 was a new bridge, probably a stone bridge, 
which may have taken the place of another and different bridge, 



1. This theory being based on two unproved assumptions, will not bear 
examination. There is no proof other than the notorious Dempster, that Dervor- 
gilla even founded the Convent. Probably he confused Dundee, which she did 
found, with Dumfries. Nor is there any proof that she granted a toll over the 
Brig. This argument is based on the 1425 Douglas grant, which used the for- 
mula, " dedisse . . . et confirmasse.'' These words are to be found in most charters, 
and do not imply a previous grant. (Ballard's Borough Charters, xliii.). All 
that the grant can imply is that there must have been a bridge in existence at the 
time of the grant. But proof is still wanting that Dervorgilla had anything to 
do with either the bridge or the Convent. 



47 NOTES. 151 

which, if it existed, must have been a wooden one. Had the earlier 
structure been of stone, it might be reasonably expected to find 
reference in the Papal Letter to repairs and reparation. 

On 4 Jan. 1452-3, James Earl of Douglas confirmed by charter 
to the Grey Friars the right to levy toll at the Brig. Both these 
Douglas charters are given verbatim in Moir Bryce's " Greyfriars in 
Scotland " (ii. 100, 102). Situated as it was, it is not surprising 
to find that the Brig is mentioned in charters of the period as the 
place where rent had to be paid or blanch ferme rendered. Thus 
for the Lordship of Galloway, the Douglases had to render at 
the Brig annually a red rose at the feast of St. John the Baptist 
(R.M.S. 1424-15 1 3, 309, etc.). So too had the McCullochs of Kirk- 
mabreck (ibid. 948). 

In a few years the bridge was in need of extensive repairs. 
In 1456 the Vicar of Kirkbean^ was appointed Master of the Works 
of the Bridge of Dumfries receiving from the King £^ 13s. 4d. 
(Ex. R. vi. 138). 

The work was still going on in 1464 when the Vicar obtained a 
remission of £i\ 5s. lod. from the fermes of Dumfries for the 
reparation of the Bridge (ibid. vii. 298). But the King must have 
been tired of the procrastinated work for in 1465 the remission was 
reduced to £^ 13s. 4d. " for this year only " (ibid. 372). Thereafter 
nought more is heard of reparation. 

With the Reformation, the Burgh was granted in 1569 the 
property of the Greyfriars which included half the Customs of 
the Brig (R.M.S. 1546-80—1848). The Friars had previously leased 
this moiety to John Johnstone in Nunholm, son and heir of the late 
Edward Johnstone, at a rent of £^ i6s. 8d. (Moir Bryce, ii. 106). 
This lease was acquired from his granddaughter by the Burgh on 
31 July, 1623. 

But though the Burgh thus obtained the half of the Brig 
Customs, it had long held the other half from the Greyfriars on 
condition that the burgh repaired and kept up the structure. The 
date of this acquisition is unknown, but it must have been before 
1522 — when the Burgh possessed a Brig maister and when part 



J.. Magister John Oliver had been vicar of Kirkbean certainly since 1452, 
when as such he witnessed the 2nd Douglas Confirmation of the Brig customs. 
(M.B. ii. 103). 



152 NOTES. 47 

of the burgesses' fees on admission were allocated to the upkeep 
of the Brig and St. Michael's Church (See Mr. Shirley's paper on 
the Grey friars in D. & G. N. H. & A. Soc. 1912-13)- 

From excavations which he made in 1884, Mr. Barbour has 
proved that the Brig was a nine arch structure (D. & G. N. H. & A. 
Soc. 1884). He gives the dimensions of it in full. It had on it 
two gates or ports— the " brig port " and the " frier port." These 
two ports were doubtless the result of the divided ownership of 
the right to levy toll (D. & G. N. H. & A. Soc. 191 2-1 3, 307). 

In 1 563 both Ports were repaired and the causeway sorted (ibid.) 
and in May, 1564, various enactments passed by the Town Coimcil 
relating to them (Aitken MSS.). 

In 1576 more repairs were undertaken at the cost of ;f200. Of 
this sum ;^ioo was taken from the Customs, the Common Guid 
and Friars mails, the other ;^ioo being collected in the Town "of 
syk honest men as will showe thaimselfRs beinevolent & godlie 
to the furderance of the said werke" (Burgh Ct. Bks. 2 Feb. ex. 
Aitken MS-X- 

In 1592 the Brig was once more in a bad way. The matter 
was brought before the Convention of Royal Burghs on 10 Sept. of 
of that year by Herbert Rainyng, Provost and Commissioner for 
Dumfries. He tabled a supplication from the Burgh "craving 
support for the reparing thair decayit brig." The supplication must 
have been favourably received, for license was granted to Dumfries 
to impetrate the King and Secret Council for a gift of such im{>Qft 
as had previously been granted to Irvine and Air, and, if such 
gift were granted, to levy the " dewties therein contanit " and to 
account for the same every three years. A rider was added that 
no duty was to be levied without the King's leave. The King 
apparently did not grant the impost, for on 7 July, 1603, Dumfries 
again supplicated the Convention for an impost to repair the Bridge, 
only to have the matter held over till the next Convention (Rec. of 
Con. of Royal Burghs ii. 162). 

But in 1605 the Convention of Royal Burghs seriously con- 
sidered the Brig's condition. The Convention met at Dumfries on 
1st July, and John Corsane, the senior commissioner for Dumfries, 
was elected moderator as a compliment to the Burgh. Beyond the 
usual Acts and Enforcements ordained at all such meetings, only 



47 NOTES. 153 

two subjects of local interest were dealt with. On 3 July, William 
Maxwell, bailie, of Lochmaben, comperit and produced a charter of 
erection of the Burgh into a Free Burgh, granted under the Great 
Seal on 20 May, 1579. This having been read, and Maxwell, on 
behalf of the Burgh, having consented to bear, pro rata, all the 
burdens with the other Burghs and to send representatives to the 
Conventions, the Commissioners admitted and enrolled Lochmaben 
in the number and fellowship of Free Burghs, and " has sett & 
taxit the said Burgh in the somme of 40 pennies of ilk £\oo of 
taxation that salbe sett upon the burrowis." The Convention then 
turned to consider the Brig. " The samyn day, anent the supplica- 
tion of the Burgh of Drumfries craiveand supporte be taxatioune 
to the repatioun of thair rwiyneous brig, presentlie wysetit be the 
haill commissioners, contenewis thair ansuer thairto to the nixt 
generall Conventioun, and ordanis the samyn to be ane heid of the 
missive" (R.R.C.B. ii. 207). From this it would appear that the 
original structure of the Brig was in a parlous plight some 15 years 
before it was overtaken by the catastrophe which is described by 
McDowall (p. 383). Though the Convention took the trouble to 
inspect the Brig, it could come to no decision as to raising the funds 
for its repair. Procrastination was to the Convention the surest 
economy. At the next Convention in 1606 the Burgh's supplication 
again came up for consideration. But the Convention was no longer 
at Dumfries, with the ruined and dilapidated bridge — "thair brig 
habill to decay without tymeus remeid " — before its eyes. Accord- 
ingly the same decision as in 1605 is recorded in the Minutes of the 
Convention. In 1607 the same farce was re-enacted. But by July, 
1609, the Convention seem to have sanctioned a petition to the 
King, and also a scale of duties, to be levied at the Brig — should 
it so please the King to order. On the nth of that month the 
Provost and Town Council of the Burgh made representation to the 
Privy Council to the effect that their " verie large brig of mony 
hoH^s " had become very " ruynous and decayit, both in the pendis 
and butis, the principall pillaris thairof, quharin the haill strenth 
of the brig consistis, being by the force and violence of the wattir 
of Nith so shakin as now thay ar not able longer to sustene the 
violence of the said wattir, bot at everie tyme of the rysing and 
swelling of the wattir, quhilk sometymes will ryse to the verie heicht 
of the brig, the said provost and baillies liukis for the utter over- 
thraw of thair brig. Gif the samyn be not betit, helpit, and repairit 



IS4 NOTES. 47 

in tyme, it will not faill nixt winter to fall doun." The petitioners 
state that the " pure " inhabitants are exhausted by the contributions 
uplifted of them in past years for the repair of the Brig, and request 
the Privy Council to authorise the rates of duties proposed for this 
purpose in an Act of the Convention of Royal Burghs. The duties 
were as follows : For every pack of goods crossing the Brig 2/-, 
every horse i6d., cow i6d., sheep 2d., lamb id., every pack of skins 2/- 
every daiker of hides I2d., every barque coming up the Nith to the 
Town 13/4, and every laden boat 3/46. Power to uplift these duties 
was granted for 7 years, the burgh to account yearly to the Conven- 
tion (R.P.C. viii. 316). It is to be presumed that the duties were 
levied and such income as they produced expended on repairs. But 
the revenue could not have met the needs of the structure. On the 
expiration of the 7 years on 30 April, 1616, the Provost and baillies 
again petitioned the Privy Council in language almost identical for 
an extension of the time. They stated that it would be impossible 
for " the haill Kingdome to big up that brig agane, gif it ane falls 
doun, as God forbid." So they supplicate for a moderate and 
" tolerable dewtie " as before. The Privy Council accordingly 

extended the period for another 7 years (R.P.C. x. 507). 

It is not known what repairs may have been carried out during 
this 14 years, but they were of no avail; for in the winter of 1619, 
the bridge collapsed. The Town Council must have at once ap- 
proached the Privy Council, for on 10 Feb. 1620, the Register of the 
Privy Council records " ane missive to his Majestic from the Council 
anent the Burgh of Dumfries." No particulars of it are given, but 
the answer came back on 22nd Feb. in " ane missive from his 
Majestic anent the bridge of Dumfries, and conforme thereto ane 
missive to be written to the Provost and baillies of Dumfries to be 
heir the gth March " (R.P.C. xii. 209). The provost must have 
appeared on that date and conferred with the Privy Council, the 
result being " missives to some baronis in Nithisdaill, Annanderaill, 
and Galloway, to be heir the gth April anent the bridge of 
Dumfries" (R.P.C. xii. 229). Amongst the barons named, were 
Lords Heres, Sanquhar, and Garlics, Douglas of Drumlanrig, Sir 
W. Greir of Lag, Sir Thomas Kirkpatrick of Closburne, Maxwell of 
Dinwiddie, Murray of Cokpoole, Agnew of Lochnaw, Vans of Barn- 
barroch, etc. (ibid. 251). Another missive showing the interest the 
King took in the bridge, was addressed by him to the Privy Council 
on 28 March (ibid. 241). But the barons summoned to conference 



47 NOTES. 155 

foresaw that they might be called on to render financial assistance 
to the Burgh, and discretely absented themselves on the 9th April. 
Some of them excused themselves as being engaged on other Royal 
business, and "the rest of thame nouther compeirit nor send ane 
excuse." So the Privy Council on 19th April ordained that the 
barons, under penalty of horning, should convene w^ith the Provost 
and baillies at the Brig itself, on the 4th May following, and confer 
as to its reparation and the necessary contributions thereto, and 
report in due course to the Privy Council (ibid. 251). 

In pursuance of this Act, letters were issued to Lord Heres and 
the others (ibid. 273). But the conference could come to no decision. 
Accordingly, being bent on rendering assistance without imposing 
taxation, the Privy Council ordained on 10 May, 1620, that a volun- 
tary collection should be made throughout the land for the repair 
of the Brig, of which " fyve of the best and strongest archeis and 
bowis of the same were overthrowe and rased to the ground the 
tyme of the lait storme that fell oute this last winter," — fear being 
expressed that the remaining arches would collapse. The collection 
was to be in the hands of the Provost and bailies and their agents, 
who were authorised to traverse the county and crave benevolence. 
The provost was to keep a book recording each subscriber and the 
amount of his subscription, which was to be produced to the Privy 
Council on ist July, 1621. Ministers were urged to stir up their 
pcirishes and congregations to help the good work. If not enough 
money was acquired by these means, an Act of Taxation would 
have to be passed, but, in that event, each subscriber would have the 
amount of his subscription deducted from his assessment (ibid. 261). 
But as could have been foreseen, voluntary subscription could 
not meet the needs of the case. Its failure is set out in the Brig 
Petition published verbatim by Mr. C. Carlyle Aitken (D. & G. N. H. 
& A. S. 1886-7, p. 18). It is undated, but Mr. Aitken conjectures 
that it was written in 1620. It may, however, date from the early 
months of 1621, or even later. After setting forth the calamity that 
has occurred, and narrating the failure of the scheme for voluntary 
subscriptions from the neighbouring barons and gentry, whose 
■■ charity was cold, and their dispositions most adverse from con- 
tributions of this kynde," the petition states that the Burgh had to 
do the work of rebuilding without assistance — which was completed 
within one year — in doing " whairof we have exhausted the common 
rent and patrimony of the town, and has lefte as much as ane 



iS6 NOTES. 47 

pennie thairof free." They accordingly plead for the " redemptione 
and relieff of our common rentis." In the meantime, application was 
made by the Burgh's Commissioner to the Convention of Royal 
Burghs for assistance. In 1621 the Convention, sitting at Aberdeen, 
decided to meet the following year at Dumfries. 

So on 2nd July, 1622, a General Convention met at Dumfries, 
John Corsane, Senior Commissioner for the Burgh, being again 
elected Moderator. The first two days were spent in the usual 
business that engaged the attention of the Convention. On the 3rd 
day the Brig was under discussion, and a grant of ;f500 " usual of 
the realm " was granted to Dumfries for the repair of the Brig 
" being overthrowin and rased to the ground by the violence of the 
water of Nith," which sum was ordained to be collected according 
to the taxt roll. At this Dumfries meetingj the Convention passed 
in all 38 Acts on multifarious subjects, the last Act being " that the 
town clerk of Drumfries (Cunynghame) be paid £20 for directing 
the missives this year." 

In 1623 the Convention sitting at Edinburgh ordained that 
Dumfries should produce at the next Convention an account of the 
employment of the ;£^500 received for the repair of the brig. 

The rebuilding took a long time. Indeed, it is not unfair to 
question the statement in the Brig Petition that the Brig was rebuilt 
within a year. On 17 July, 1627, the Town Council obtained from 
the Privy Council authority to levy for another seven years the same 
scale of duties at the Brig as in 1609 and 161 7 (R.P.C. 2nd series, 
V. 367). 

On 17 Sept. 1634, the Provost and Town Council supplicated 
the Privy Council for a further extension of the power to uplift for 
seven years the same specified tolls and levies for the Brig, stating 
that the need for the impost was as urgent in 1634 as in 1627, " for 
few weeks pass without something or other requiring to be done to 
the Brig." So the Privy Council having considered the great expense 
Dumfries had been put to "by building and restoring the bridge 
which was almost entirely destroyed by the flood, and that without 
asshtace from the whole estates, agreed to extend the former Com- 
mission for another seven years (R.P.C. 2nd series, v. 368). 

In 1 68 1 the Burgh's right to levy toll at the Brig and within 12 
miles up and down stream of it was disputed by various gentlemen 



47 NOTES. 157 

of the district, but was amply vindicated and rendered unassailable 
by an Act of Parliament (McDowall, 384).' 

From time to time small repairs would be carried out. In 17 19 
"several bowis ruinous" were overhauled (T.C.M. i June); in 1726 
the Council petitioned the Royal Burghs without effect concerning 
the '■ apparent danger of 3 arches of our Brig" (T.C.M. 18 July). 

Another reparation to the Brig, which has passed unrecorded, 
took place in 1767. On 28 April the Town Council "considering 
that, by the breaking of the great storm of snow and ice last winter, 
the Bridge and Bullwark near the milns have suffered very great 
damage, and if not immediately repaired will be in great danger 
of going to ruin . . . . " proceeded to discuss the Report of the 
Magistrates, who, in company with Alexander Lawrie, mason in 
Newton Stewart, had viewed the Bridge. The Council agreed to 
contract with Andrew Twaddell and William Waddell, masons in 
Dumfries (T.C.M. under date). In the Town Council Minutes of 
I June, 1767, are to be found particulars of the contract, the total 
cost of which was to be £'24/10/-, the Town to find scaffolding 
with a swing and tackle for letting down the stones.^ 

No notice of the Brig would be complete without a reference to 
thoughtful and suggestive summary of it contributed by Mr. H. 
R. S. Inglis, architect, of Edinburgh, to the Dumfries Standard, in 
March, 1909. Though he attaches undue importance to an inscribed 
stone dated 1610, which he discovered in the Brig, and which has 
been shown by another correspondent in the same paper to have 
come from a neighbouring house, and to have been incorporated in 
the Brig during recent reconstruction, he conjectures that the arch 
nearest the Maxwelltown side to be the only one existing ^mct 1620. 
The width, 13 ft. 6 ins., he points out, is far too wide for a very old 
structure. Peebles Bridge, completed in 1464, was only 9 ft. 6 ins. 
wide. The present width can only indicate a 17th century rebuild- 
ing, whilst the low triangular tops of the piers (only one of which is 

3. The Treasurer's Accounts for ii Jan., 1683, show payment to 12 workmen 
for drawing stones on " slydes " to the bowis of the Brig These were used for 
throwing from the Bridge to break the ice that had gathered above, and was 
threatening the Brig. (Aitken MSS.). 

4. In 1775, the Nith being very low, some new stones were put on the brig, 
and the whole pointed. (T.C.M. 12 June). Three years before, to improve the 
traffic, the little old custom house at the east end of the brig had been pulled 
down, in spite of the protests of the tacksmen of the customs. (T.C.M. 19 Oct. 1772). 



158 NOTES. 47—48 

carried up to the parapet level) are almost unknown in Scottish 
Bridge construction prior to 1780.° Taking these conjectures with 
what the records tell us of the Brig, we have (i) the wooden (?) 
bridge till 1430; (2) a stone Brig (probably narrower that the exist- 
ing one), which may not have been commenced till long after the 
date of the Papal Bull, and which was doubtless completed in 1464 
by the Vicar of Kirkbean ; (3) a virtually new and probably wider 
structure in 1620, which was practically the same Brig we have at 
the present day. 

48.— In spite of its name, the New wark must have been one 
of the oldest buildings in the Burgh. Perhaps it may have got its 
name by way of contrast to the Tolbooth. It is referred to in the 
St. Gregory Foundation Charter of 1506, and may well have be- 
longed at that date to the Cunynghame family. An inscribed stone 
from the building belonging to the D. & G. N. H. & Antiq. Soc. 
supports this theory. But before 1560 it had passed into the hands 
of the McBrairs, and was recognised as Kirkland. It was part of 
the endowment of St. Nicolas Altar in the parish church. As such, 
the Town Council claimed to be second patrons of the Altarage, 
under the original Mortification, the McBrairs being the first patrons. 
At the Reformation, Schir Mark Carruthers, with the assent of the 
McBrairs, feued the New wark to John Edgar. The Town Council 
not being a party to the deed, laid claim to the New wark eind the 
Altarage, and called on the McBrairs to produce their evidents. 
These, the astute Archibald McBrair declared, were lost. On 27 



5. When, in 1791, it was decided not to widen the old Brig, but to build a new 
one, Mr. Stevens, the architect, who had prepared the plans for that widening, was 
given an honorarium. (T.C.M. 6 May). From the minutes of the Bridge 
Committee, 1791, we learn that the length of the old Brig at that date was 369 ft. 
from landstool to landstool, and that there were nine arches, affording 256 ft. 3 
inches of waterway. In time of spate the river was known to rise 7 ft. perpendicular 
above the low water surface. At that date the eastmost arch was in the waterway, 
though so filled up that it voided very little water. (T.C.M. 26 May, 1796). When 
building the new bridge the contractors excavated the foundations of the 3rd pier 
at the east end of the old Brig. They discovered that it was founded on timber, 6 
wooden beam ends projecting a little before the stone work of the pier at a depth 
of 6 ft. Can these have been the foundations of a pre-Fifteenth Century Bridge? 
The Town Council Minutes give no information as to the date of the destruction 
of the 3 eastern arches. There were still arches in 1806, when Gough saw the 
bridge. (Cough's Camden, p. 67). 



48 NOTES. 159 

Feb. 1567, the Town Council sent a Petition to the King and Lords 
of Council, a copy of which is preserved in the Aitken MS. On 28 
Feb. letters were issued under the Privy Seal forbidding the aliena- 
tion, on the ground that the Regent Moray had promised the Town 
Council infeftment in the rents, fruits, etc. of the Friars, and the 
various chaplainries in the Burgh (original amongst the Town 
Charters). 

The alienation seems to have taken place in spite of this 
prohibition. 

In 1582, further litigation occurred between Archibald McBrair 
and the Collector-General, and others. Archibald claimed that, 
having been infeft in heritage in the Kirkland callit the New wark 
for the annual feu duty of £6 and 13/4 augmentation, " these divers 
years bigane," and having paid the duties to Schir Thomas McBrair, 
son of the late Thomas McBrair, for the years 1577-9, he could not 
be called upon to pay stipend to Archibald Sinclair, reader in the 
parish Kirk, who claimed it. On 4 June, 1582, letters of horning 
were issued against Archibald, at the request of the Collector- 
General, who demanded his " 3rd " as well. Suspension of horning 
was granted to Archibald, but it is not recorded how he got out of 
his difficulties (Aitken MSS.). 

In 1648 David McBrair acquired the lands of Kirkpatrick Iron- 
gray, and had them erected with the New wark into the " Barony of 
New wark," with the castle (castrum) of New wark as the chief 
messuage. In the edifice was a chamber used as a " Consistorie 
Chamber." which on 24 Sept. 1660, was turned into a guard house, 
the Town Council paying rent to James Welsh and Alexander 
Mullane (Aitken MSS.). Here lay Capt. John Dalziel with a 
company of foot, from Michaelmas, 1683, onwards (See Treasurer's 
Accounts), which were in addition to Claverhouse's dragoons, 
who garrisoned Lord Maxwell's House. 

In 1653 the New wark was apprised from David McBrair for a 
debt of 4,000 merks, at the instance of Robert Grahame, late bailie, 
and afterwards Provost, and Jean Douglas, his wife (R.M.S. 1652-9, 
1 1 1). On 5 June, 1663, Reynold Graham, Esq. in the City of London, 
had sasine on letters of horning, obtained on 2 Dec. 1662, against 
George Rome, of Dalswinton, for a debt of apprising. On 26 
August, 1709, William Graham (eldest son of William Graham of 
Ingleston), had sasine on an absolute disposition from the dec. Mr. 



i6o NOTES. 48 

Reynold Graham. On 7 June, 1755 (see T.C.M.) the New wark, then 
in a ruinous condition,* was rouped under the Act of 1597, and sold 
to Patrick Heron of Heron for ;&l6o, and i/8d. sterling feu. This 
did not include the shop and vault belonging to the heirs of William 
McKitterick, late bailie. On i Sept. 1761, Heron disposed of "that 
ruinous tenement called New wark, which sometime belonged to 
Graham of New wark," to his grandson, Patrick Heron, eldest son 
of Patrick Heron of Heron younger (recorded in StewaA Court Bks. 
of Kirkcudbright). 

McKitterick's shop and vault were not spared for long.^ On 
30 January, 1758, they were also rouped as ruinous tenements, and 
sold to John Hynd, younger, writer, for seven guineas. Hynd had 
acted for Heron in his purchase of the New wark, and though it is 
not definitely known, it is probable that Heron took over Hynd's 
purchase, and consolidated the property, which rapidly deteriorated 
in value. 

In 1764 a petition was presented to the Council by John Maxwell 
of Terrauchtie and others, who were anxious that the Council should 
take over the site from Heron, and use it as an open market place 
(T.C.M. 30 Jan. 1764). As long before as 1752 a subscription had 
been got up for this purpose, but it had hung fire. But in 1764 

1. This was the direct result of the fall of part of the edifice on the night of 
March 17, 1751. The Town Council had to pull down some more of it to make it 
safe. (T.C.M. of date). On 6 July, 1752, the Town Council had it valued. It 
was then stated to belong to William Graham, called of Newwark, or Patrick 
Heron, of Heron, or John Irving, of Logan, late Provost, or John Kennan, late 
bailie. The valuators said it was worth ^^140 (T.C.M. 27 March, 1753), but said 
that the basement and cellar were good, and in use as peat houses — hence the 
exclusion of McKitterick's shop at the 1753 roup. The total dimensions were 
given as 85 ft. in length, 49^ ft. in breadth, and containing 467 sq. yards 4 ft. 
6 inches, and it was stated to have been in the Midraw, bounded by the tenement 
of the heirs of James Gibson, late deacon of the fieshers, of Alexander McKie, 
late surgeon there, and John Ray, writer, on the north, the flesh Mercat street on 
the east, the High street on the west, and the tenement of the Seven Trades on 
the south. 

2. From the precept that was issued 9 June, 1755, *® learn who his heirs 
were. They were 3 sisters named Dempster, daughters of the late Mr. John 
Dempster, minister of St. Madoes, and his spouse, the deceist Agnes Irving, (i) 
Isabell, relict of Mr. Robert Henderson, sometime Keeper of Edinburgh University 
Library. (2) Elizabeth, relict of late bailie Stephen Irving. (See P. Heron's 
letter, 13 July, 1753, in T.C. Records). (3) Agnes (then dead), wife of Mr. James 
Maitland, minister at Sorbie, in his own right, and in that of Johanna Maitland, 
their only child. 



48—49 NOTES. i6i 

Maxwell persuaded Heron to accept ;^86 for the site, on condition 
that it was used as a market for grain and garden stuff, and that 
the slaughter house should be moved further afield. To the petition 
the Council agreed, and pulled down the remaining ruins, and laid 
out the site as a square — now QueensbeiV Square. The money was - ', 
paid over to Heron on 4 March, 1771, having been borrowed by the 
Treasurer from the bank of Douglas Heron and Co. (T.C.M. 23 
Dec. 1 771). 

49. — The Town Council owned a coffee house in the Midraw. 
The date of its inception has not been traced, but it is known to 
have occupied two separate properties, acquired at different times by 
the Town Council. One of the properties, " a part of a tenement," 
had belonged to "William Craik, merchant burgess, who had sasine 
on 31 July, 1624. His son, Robert Craik, disponed the property to 
the Town Council, on 7 March, 1688. The other part of the tene- 
ment had belonged to Janet, sister and heir of Robert McGeorge, 
merchant burgess, who had sasine on 13 June, 1616. On 3 May, 
1621, Agnes, lawful daughter of Adam Corsan, elder, merchant, and 
Elizabeth Maxwell, his spouse, had sasine. Agnes was dead by 21 
Feb. 1626, when Thomas, her eldest brother, disposed of this, the 
fore-tenement, to William Craik and Elizabeth Gibson, his spouse 
Craik seems to have given it to his daughter Marion, relict of James 
Maxwell, notary, who disponed it on marriage to her 2nd husband. 
Major James Maxwell of Glenlarc (?) in 1680. In Nov. 1702, the 
Major, with consent of his son Edward, disponed it to Nathaniel 
Gordon of Castletown, who sold it to the Town Council on 6 June, 
171 1 (T.C.M. 15 Nov. 1726). The Town Council turned these 
properties into a coffee-house, where the newspapers of the day, 
provided by the Town, were to be read, but it was not long before 
they changed their minds. Perhaps the site was not considered 
suitable. On 15 Nov. 1726, it was decided to sell it at 12 years' 
purchase, the rent being £i/^liol- sterling. On 26 Dec. it was 
put up to auction, but there were no offers. So on 3 Jan. 1727, the 
Coffee house, the furniture in it, and the stables were sold for £i<,7 
to John Dalziell of Fairgirth. It was not long before the Town 
Council had a new Coffee house (See T.C.M. 2nd Nov. 1732). It 
was at the back of the Tolbooth. On 30 July, 1733, the Town 
Council acquired from James Killock, vintner, for 600 merks scots, a 
tenement there, as a kitchen for a Coffee house, it having formerly 



i62 NOTES. 49—51 

belonged to Robert McBrair, Messenger. On 24 June, 1734, Killock 
was given a 15 years' tack of the Town's "new house" as a Coffee 
house, at a rental of £2$ sterling. Three shops on the ground floor 
fronting to the south were excepted; and he had to live there him- 
self on the second floor. He was dead by 1738, when Margaret his 
daughter by Sibylla Douglas his wife took over the tack. (T.C.M. 
25 Dec. 1738). We learn that the ground floor shops were then 
occupied by William Mein, stationer, John McCleish, and Basil 
McWhinnie. A few years later these shops being vacant were let 
to Hugh Lawson for 11 years at £7/10/- s. 

On 2 Jan. 1755, the Town Council sold the coffee house " lying 
in the Midraw " for £S2S sterling to Mr. Richard Lowthian, the sale 
including furniture, etc. (See also T.C.M. 9 Dec. 1754).^ 

At a later date (17B8) there was another Coffee house at the 
other side of the High Street, below the Mid-steeple (D. & G. N. H. 
& A. Soc. 1910-11, 211). 

60. — More correctly — sic sit pro ratione voluntas (let will suffice 
for a reason). — Juvenal, Sat. vi. 223. 

51.— John Maxwell of Barncleuch was the son of John Maxwell 

by his wife Agnes, daughter of Irving, afterwards spouse of 

Robert Maxwell of Carnsalloch. The date of his birth must be 
approximately 1637, in which year his parents married. On 11 
Feb. 1665, he was served heir to his grandfather Thomas Mcixwell, 
merchant burgess, of Dumfries (Bk. of Carlaverock quoted by 
McKerlie). John Maxwell was a writer, and became Town Clerk of 
Dumfries, on 25th Sept. 1662, in succession to the late James 
Cunynghame (Aitken MSS.). In 1681 he became a Papist, and had 
accordingly to demit office in December of that year. But his 
position was so strong that he prevailed on the Town Council to 
grant him a life pension of ^60 scots on condition that he resigned. 

1. From Lowthian's sasine we learn the exact position of the 2nd coffee 
house. It was bounded by the Tolbooth or Council House, and the house of 
Sarah Fergusson on the north, the back street going from the fleshmercat to the 
Fish Cross on the east, the gutter of the causeway on the south, and the High 
Street going from thence to the Mercat Cross on the west. It had formerly 
been the property of James, son of the deceased John Mitchellson, and Margaret 
his sister, relict of Mr. John Campbell, late Minister of Kirkbean. 



51—52 NOTES. 163 

In September, 1686, the Burgh elections were suspended by Royal 
Warrant, and in December John Maxwell of Barncleuch was ap- 
pointed Provost, despite the Burgh Constitution. His enjoyment of 
the office was not long, being terminated by the advent of the Prince 
of Orange, and in Dec. 1688, the Town Council proceeded to elect 
another Provost (See Appendix A, Nos. 44-47). Barncleuch fled the 
Burgh so precipitously that he was seen crossing the old Brig, clad 
only in his shirt. He was arrested, and found to be in the possession 
of a number of important papers. According to the Aitken MSS. 
Bamcleuch's pension was terminated at the instigation of John 
Hereis of Butts (or Buss), Town Clerk till 1704, and Stewar^Depute. 
Butts had been of service to Barncleuch anent the fishing in the 
water of Urr, and had disbursed freely in the action of Barncleuch 
V. Kipp. Hereis could not get payment from Barncleuch, so he held 
up Barncleuch's portion (628 merks) of the Town's share of the 
Darien compensation. 

Barncleuch seems to have obtained a Decreit of Adjudication 
against McBrair of Netherwood, and claimed a charter of those lands 
from the Burgh. Amongst the Town's papers is a document which 
goes at length into the history of the Netherwood property, those 
fishings, and Barncleuch's rights thereto. It appears to be in the 
handwriting of Robert Edgar, and is certainly characterised by his 
peculiar style. Barncleuch married in 1665 Margaret, daughter of 
Provost John Irving, of Friar's Carse, by his wife Elizabeth Crich- 
ton, daughter of Sir Robert Crichton, brother of the Earl of Dum- 
fries (Bk. of Carl. i. 502). McKerlie records his seventeen children. 
He died prior to 1721, when his eldest surviving son, James Maxwell 
of Barncleuch, the husband of Janet Carruthers, relict of Alexander 
Johnstone of Elschieshields, was served his heir. 

Barncleuch's Provostry is in itself a chapter of the history of 
Dumfries, and it is to be hoped that it will be some day adequately 
treated. 



52. — Lieut.-Col. George Rattray was an ensign under Lieut-Col. 
John Rattray (who was doubtless a relative), in July, 1666, in Lord 
George Douglas's Regiment of Foot or the Royal Scots, celebrated 
in French History (Dalton i. 63). The Regim.ent came back from 
France on 12 June, 1662, but was sent back there in 1668 for a 
further period of 10 years. George Rattray had previously served 



i64 NOTES. 52—54 

under Sir James Turner as lieutenant in the Scots Guards in 1663, 
so he must have been well known in the neighbourhood (" Turner's 
Memoirs," 140). He was Lieut.-Col. of the Royal Scots Dragoons 
in 1688 (Dalton ii. 213). In 1689 he obtained an Act of the 
Committee of Estates in his favour. From it we learn that, in 
pursuance of the Prince of Orange's Declaration to all Roman 
Catholics to lay down their arms and go to their homes, he returned 
to Dumfries, where his wife and family were early in December, 
1688. On hearing of his return, an armed mob searched his house 
several times, with intent to seize and maltreat him. Whereupon, 
to protect himself from the rabble, he gave himself up to the 
Magistrates of Dumfries, who lodged him in the Common Prison 
house. There he lay for 4 or 5 months, " contracting several dis- 
tempers and diseases." As he undertook to live peaceably with his 
family, he was set at liberty (S.A.P. ix. Ap. 5). 

According to McKerlie (iv. 9) he had been a member of the 
household of James VII. in France. He married Anna Elizabeth, 
second daughter of John Maxwell of Barncleuch, and left issue. 

There was also a Henry Rattray commissioned to be lieutenant 
in Sir David Colyear's Regiment of Foot in September, 1689. He 
was promoted to be Captain on 16 June, 1695 (Dalton iii, 61). 
His further services cannot be traced. 

5 3. — The Town Council was not as harsh as Edgcir implies. 
The Acts of Council with regard to thatched houses only applied to 
new buildings or buildings the roofs of which required thorough 
repair. On 24 June, 1723, the Council enacted that such houses 
were not to be thatched, but were to be roofed with slates or tiles, 
under pain of ;£^ioo scots. Two years later the Council had to en- 
force the Act against George Bell, baxter, who had roofed a building 
fronting on the High Street near the New Church, pertaining to the 
heirs of the deceased James Lockhart, merchant, with slacks. He 
was fined ;£^ioo scots, and kept in prison till the slacks had been 
removed (T.C.M. 29 Nov. 1725). 

64.— The omission by Edgar of the Town's Revenues, and also 
later on, of the Dean's, Officer's, and Schoolmaster's salaries are 
proof that the MS. is only a draft. Instead of filling up this 
blank with a statement of the Town's Revenues in 1745-6, from the 



54-57 NOTES. 165 

Town's Papers, it is considered of more importance to print in 
Appendix B, the earliest existing accounts of the Common Guid, 
Customs, and wine duties, which are taken from a fragmentary MS. 
at the Register House. 

55. — "A mute consonant, not a vowel." A good pun, both on 
consonant and on vowel (vocalis), which last means literally " having 
a sound or voice." 

56. — A Town Grieve or Overseer was first appointed in 1725, 
the reason for the appointment being that the Acts and regulations 
of the Town Council relating to cleaning the streets were not obeyed. 
John Prentice, workman, was appointed (T.C.M. 15 Feb. 1725). 
He was succeeded by George Corrie, innkeeper, in 1728. The 
instructions which Corrie had to follow are given in the Minutes of 
loth June. His duties were multifarious. He was surveyor, clerk 
and bookkeeper for the Town's employees, Town Storekeeper, dust- 
man, constable (he could arrest and imprison offenders), and sanitary 
inspector, with power to cause a burrow officer to warn owners to 
comply with Town Council Acts. His salary was £2^ scots. 

57. — It was in 17 19 that the Town Council appointed a Com- 
mittee to employ workmen to dig in three or more likely places upon 
the streets of the Burgh, to make proper draw {i.e., pump) wells 
(T.C.M. 3 August, 1719). The Committee soon finished their work, 
for on 10 Nov. the Council made regulations with regard to the well 
now made below the new Council House. It was not to be used 
between 4 p.m. and 7 a.m. This well is still there below the pavings 
outside the Courier Office. The other wells cannot be identified, but 
it is clear they were made, for in 1723 John Moor, pumpmaker, at 
Wigton, Cumberland, received £2 sterling for making 4 pumps for 
the wells (T.C.M. 13 May, 1723). The other three wells may have 
been situated at the foot of the King's Arms Yard (which used to be 
a thoroughfare), in the yard at the back of the present Savings 
Bank^ to which the public must have had access, and the third at the 

1. In 1752 this well was out of repair, and a. petition was presented to the 
Town Council for its repair, ;^8 being offered towards the expense. The Council 
accordingly had it repaired by James Harley, Wright, and Alexander Wyllie, 
watchmaker. (T.C.M. 15 June, 1752). 



i66 NOTES. 57— 60 

Fish Cross, to which a lead pump was fitted in 1738. (See T.C.M. 
4 Feb. 1828, when it was opened as a public convenience). Mr. 
Barbour mentions some other wells, including several dip-wells (D. 
& G. N. H. & A. S. 1893-4). The Doctor's well was a spring on the 
Greensands, at some steps on the edge of the Nith. In 1732 John 
Donaldson, who had for two years kept this well— "the Townes 
Physic Well"— was granted 25/- sterling for his services, and a 
yearly salary of £1 for the future. Regulations for keeping the 
well are appended (T.C.M. 7 Feb. 1732). This must not be 
confused with the well on the sands (not marked in O.S.), near 
Laurie's Mart (See also T.C.M. 10 June, 1839). 



68. — This Act is amongst the Town's Papers. (See Appendix 
A, No. 41). 



69. — This refers to a very old form of corruption. The gloves 
were not the only fee paid to sheriff, lawyer, or official. They were 
only a cloak for a bribe; for the gloves had money put under them, 
(c.f. Shakespeare's " Henry V." act iv. scene 8 : " Fill the glove with 
crowns."). For a municipal instance of a pair of gauntlets with money 
put in (impos') them in 1347, see Miss Bateson's "Records of the 
Borough of Leicester, Vol. ii. p. 68. The transition of the custom 
from a compliment to an imposition is well illustrated by this 
passage of Edgar. Like the sleeve, the glove was a form of bribe. 
A curious survival of this practice is to be found at Christ's Hospital, 
where, on Speech Day, the scholars who are proceeding to the 
University are given gloves, which they take round amongst the 
visitors, who are expected to slip money therein. 



60. — Sir James Stewart of Goodtrees, appointed Lord Advocate 
in Nov. 1692. He probably drafted the Report of the Glencoe 
Commission, of which he was a member. In the struggle for the 
Union he took little part, being, it is said, opposed to it. He was 
requested to resign in May, 1709, probably as the result of his con- 
duct in a State Trial in November, 1708. But he was again ap- 
pointed Lord Advocate in Oct. 171 1, which office he retained till 
his death on i May, 1 7 1 3 (Omond's " Lord Advocates," i. cap 9). 



6i— 62a NOTES. 167 

61. — It is not possible to trace this quotation, or make sense of 
it. Either Edgar, or Riddell's copyist, must be at fault. There is 
no such word as " altrebit " ; presumably it should be " attrahit." 

6 2. -See Note 66. 

62a. — The Family of Crosbie can lay claim to a Norman 
descent. In the Lyon Office there is a copy of a printed pedigree 
compiled by Capt. Howard Herries-Crosbie, Resident Magistrate in 
Donegal. He traces the descent from Sir John de Crosebi, a man of 
Norse origin, whose ancestors settled in Normandy with Rollo, at a 
place named Corbie in Picardy. The name was then spelt Crosbj. 
Coming to England with the Conqueror, he was granted lands at 
the mouth of the Mersey, which he called Crosbie after himself. 
He had four sons; Simon, from whom the Lancashire family were 
descended; Robert, founder of the Cumberland family; Adam, and 
Thomas, founder of the Berwickshire Crosbys. 

Adam is said to have received a grant (unrecorded) of lands 
in Annandale, and to have had three children, Ivo, Richard, and 
Euphemia (Bain's Cal. i. 197). Euphemia married Robert de Brus, 
2nd Lord of Annandale. 

Ivo is said to have married a natural daughter of Robert de 
Brus, 1st Lord of Annandale. His son, 

Adam de Crossbi, is mentioned in an escambion of land in 
Cummertrees (Bain, i. 1685). He married Matilda de Hereis, 
and left three sons. 

Robert de Crossebi, born circa 1187, Ivo, and Ricardo, both of 
whom witnessed a Brus charter of land in Drysdale (Bain, i. p. 635). 
Robert seems to have been a man of prominence, as there are many 
references to him in charters of the period. He married Juone de 
Dinwidi, and left a son, 

Robert, who receive a Brus grant of commonty in the wood of 
Stapleton. This Robert was succeeded by another 

Robert de Crossbi, the husband of Ada, sister of Edno de 
Carliol. They had two sons, Robert, and John, a cleric, who was 
presented to the church of St. Mary in the Forest, 1298 (Bain, ii. 
No. 1008). 

Robert, the elder brother, married Maud de Kirkpatrick, by 
whom he had seven sons, all of whom fought, and five of whom 
were killed, at Bannockburn. He helped to despatch John Cumin 



i68 NOTES. 62a— 63 

in the Greyfriars Church, Dumfries, and died in 1314. His eldest 
son, Adam, fought on the English side at Bannockburn, and was 
killed by his father. 

Robert, the second son, born circa 1290, succeeded his father. 
He fought under Edward Brus in Ireland. On 24 July, 1347, he 
served on an inquest at Lochmaben (Bain, iii. No. 1499). It is 
stated that he was granted land by Robert de Brus, and died about 
1360. Whatever may be the derivation of the name, Stodart has 
pointed out (Scottish Arms) that in the Shires of Ayr, Kirkcudbright, 
and Berwick, are places called Crosbie or Corsbie, from which the 
name may have been taken. 

Robert de Crossebi, of Ciii^ottes, born circa 1339, and son of 
the above, was succeeded in the property by his son Richard, and 
grandson Robert, the latter of whom, dying in 1498, left two sons 
and a daughter. 

For the later genealogy of the family see Appendix D. 



63. — It is difficult to understand the rates referred to by Edgar. 
In 1703 William Mean, mason, petitioned for a tack of the Town's 
quarries on both sides of the Nith, which was granted on 31 May. 
Though the tack contained no proviso for the Town to furnish 
gunpowder, etc. yet the rates to be paid for stones are set out in it. 
Mean had to furnish building stones to the inhabitants at I2d. scots 
for each draught of wall stones; 2/-S scots for each rebbat and cuinie 
stone betwixt 18 and 24 inches long, and 9 and 12 inches high or 
theraby; 4/-S scots for each sole and lintell for door or window 3ft. 
or 3ift. long, 6/- scots if 4ft. long; 12/-S scots for a chimney lintell 
5ft. or 5|ft. in length, and 20/-S scots if between 6ft. and 7ft. long; 
2/-S sterling for each stone 7ft. in length; 2/-s scot for each flag 
stone 2ft. square and 3 inches thick; 2/-S. scots for each sleivstone 
2ft. or 2^ft. in length; and at what rates he and the Burgh could 
agree for stones other than these. There was also a condition 
attached that in the building of the prisons and steeple designed to 
be built in the Burgh, the rates for material were to be determined 
by two judicious men, one chosen by the Burgh, the other by Mean. 
If, for any reason. Mean had to obtain the stones from Netherwood's 
quarry or elsewhere, the same rate was to prevail. But he 
had to leave the Town's quarries " void and redd " at 
the end of his tack, which was for 9 years, with ;fioo 



63—65 NOTES. 169 

scots penalty for nonfulfilment of conditions (T.C.M. 31 
May, 1703). Mean seems to have been given an extension of his tack, 
for in 1 7 16 he renounced his second tack, which had been for a 19 
year period (T.C.M. 28 Dec. 17 16). He left the quarries in a 
terrible condition, " overrun and overcasten with rubbish," and with 
pools of stagnant water in them. On ist Jan. 1717, James Waddell 
and Thomas Forrest were given a 19 years' tack, and £6jiol- to 
help them to put the Quarries in order. They were bound to the 
same rates as Mean (T.C.M. 10 Nov. 1735). Forrest must have 
died during the tack, for Waddell only is mentioned at its termina- 
tion; when John Donaldson, Deacon of the Tailors, in conjunction 
with Alexander Affleck and Thomas Waddell, obtained a 15 year 
tack from Candlemas, 1735, at £iy scots yearly (T.C.M. 9 Feb. 
1736). 

64. — A Dean of Guild Court existed in Dumfries from the 
earliest times. Thus a Guild Court was held before the Dean and 
bailies on 22 Jan. 1489. (D. & G. N. H. & A. Soc. 1913-14). Thomas 
Finlai was Dean in 1453 (Appendix A, No. 13). But by 1560 
the position of the Dean was no longer the same. He no longer 
held Courts, and seems to have been overseer of the mercats. In 
1600 Adam Walker was Dean, and Thomas Ranyng in 1609. But 
it was not long before a Dean of Guild, with full powers, was 
needed. On 22 Oct. 1657, Dumfries applied to the Convention for 
the election of a Dean of Guild stating that the merchants and 
tradesmen were unanimous in their wish for it. In February, 1661, 
a similar supplication was presented, and the Deacon Conveener 
of Trades was cited to appear at the next Convention, and report 
the establishment of the Guild. On 15 May, 1662, Thomas 
McKennell, deacon conveener, appeared and reported his efforts, the 
process being set out in an Act of the Convention, extracted by W. 
Thomson, and now amongst the Town's papers. McKennell's hopes 
were fulfilled, and on 2nd July, 1664, the Convention ratified and 
approved " the Act maid in favouris of Dumfreis in relatioune to 
their Guildrie." (Rec. of Convention of Royal Burghs). 

66. — In attributing to an Act of Parliament the regulation of 
the wages and working hours of masons, slaters, etc. Edgar seems 
at fault. Such regulations and ordinances emanated from the Town 



170 NOTES. 65—66 

Council. Doubtless Edgar had in mind the Act of the Town 
Council of Dumfries, dated 22 Oct. 1716, relating to wrights and 
masons—" The which day the Council, considering that generally 
the Town and inhabitants are imposed upon by the wrights and 
masons," enact that each one of these crafts, employed to work, 
begin their work daily at 5 in the morning, and end at seven o'clock 
at night, for the period betwixt 1 1 March and 1 1 September, at 
one merk scot each day; and at 10/- scots each day from Sept. 11 
to March 11, beginning and ending at morning and at night as 
they have been used to formerly, and that without any further 
gratification. 

66. — Colliston's Act is dated 6 March, 1704. Barncleuch's 
successor in the Town Clerkship, John Hereis, of Butts, seems to 
have proved as unamenable to the Town Council as Barncleuch him- 
self. Till that year the clerkship had been held for life, the 
election receiving, apparently, the ratification of the Convention of 
Royal Burrows. By the Act this was altered, and the office was in 
future held at the pleasure of the Council — " durante bene ■placito 
allanerby." The reason given for the change was that the Clerk had 
not conducted himself with deference and regard to the Council, was 
lax in his attendance, and the proper observance of his duties, and 
had even associated himself with one of the parties in the Council. 
It was ordained that all future clerks should accept office on these 
terms, under penalty of ;f 1,000 scots. And it was further enacted 
that any Councillor who voted the recision of the Act should be 
liable to a penalty of ;^200 (T.C.M. of date). On 4 July, 1704, 
the Convention ratified the Act, and ordained that it be recorded 
on their books, which was done on 12 June, 1705. (Rec. of Con. of 
R. B. iv. 356). 

Hereis at once resigned, and on 5 May, 1704, John Lanrick, 
writer, accepted office under the new terms, as settled by the Council 
on ID April. Of the nine conditions then laid down, the principal 
were : — 

(i) That he was not to be dependent on any inferior Court or 
jurisdiction. 

(2) That he had to serve the town in what properly belonged 
to the Town, and in gratis burgess tickets at 12/- scot a ticket, he 
providing materials for writing and sealing. 



66—68 NOTES. 171 

(3) That he charge not an inhabitant more than i/- in the £ 
for any decreit. (The price of other writs to be regulated by the 
Council). 

(4) That he relieve the Town of £^ annually, to be paid to 
Barncleuch. 

(5) That he retain, for the Town's relief, at the hands of Barn- 
cleuch, £(xi scots. 



67. — This is not a " verse," nor even sense. The quotation is 
seriously mangled and cannot be identified. " Dilectus " should 
probably be " lectus," but there must be several errors or omissions. 

68. — Edgar's account of this contested election of the Burgh 
Coimcil is borne out by the Register of the Privy Council. On 10 
Oct. 1622, Francis Irving, George Sharp, William Carlyle, James 
Maxwell, John Rome, Homer Maxwell of Speddoch, George Rome, 
and Thomas McMillane, merchant burgesses of Dumfries, petitioned 
the Privy Council on the following grounds. Having heard that the 
Acts of Parliament concerning the election of Burgh Magistrates had 
recently been violated in Dumfries, the King had written to the 
magistrates of Dumfries for the current year, reminding them of the 
Acts and the punishment to which they were liable if the Acts were 
disobeyed. The Royal missive was delivered on the day of the 
elections, 2nd Oct. during the actual formalities in the Tolbooth. 
But instead of obeying the charge, the defenders read the letter, 
" disanefullie, with tantis and jeastis sayd that it was but a purchest 
letter and that they wald not acknowledge the samyn." So, 

ignoring it, they proceeded with the election, having first nominated 
Mr. John Corsan (junior) as one of the Council in place of William 
Williamson, and caused him to vote for his own election. 

The charge was brought against Mr. John Corsan, James 
McGown, John Raining bailie, James Cunynghame, James Newall, 
John Craik, William McGowne, Adam Sturgeon, John Gledstanis, 
James Young chirugeon, Thomas Maxwell callit of Kelton, John 
Maxwell callit Mr. John, skiimer, now bailie, Daniel Kirkpatrick 
saddler, Andrew Thomasoun cordiner, James Hamilton wright, 
John Gibsoun flesher, John Clerk tailor, James Aitken "wobster," 
Michael Newlandis skinner, John McKynnell smith, Cuthbert Greir 



172 NOTES. 68 

maltman, John Corsan late Provost, Mairteyne Newall writer, John 
Young of Gullyhill, and Harbert and Robert Cunynghame clerks. 

All the defenders, except John McKynnell, smith, excused on 
account of illness, having appeared before the Privy Council, the 
Lords found that the proceedings were unlawful because — 

(i) They did not choose the new Council before proceeding with 
their own election — in which they were assisted by 4 gentlemen, 
" dwelland to landwart," who, out of favour, were made burgesses 
ad hoc only. 

(2) They chose Mr. John Corsan provost, who was no merchant, 
and had no trade or handling in the burgh, " bot remains in house 
and company with his father unforisfamiliat, in the qualitie of a 
servand and under his obedience and commandment " — thus leaving 
the whole charge of the affairs of the Burgh to John Corsan his 
father, " who be his moyen and frendschip procurit himself to be 
contenowit in the office of provestrie of their said Burgh thir diverse 
yeiris bygane." 

(3) In that they chose John Maxwell, clearly proved to be a 
skinner, as bailie, and James Newall, a blacksmith, as deem of 
Guild. 

On these grounds the election was declared null and void, and 
a new Council was ordered to be chosen before nth Feb. following: 
and though the defenders deserved " schairpe and rigourous punishe- 
ment," such was to be withheld pending the new election. But John 
Corsan (senior) having been guilty of contempt of his Majesty's 
letter was committed to ward in the Tolbooth of Edinburgh (R.P.C. 
Vol. xiii. p. 152-4). On the 28th Jan. following the Privy Council 
again had the matter under consideration, and as a precaution ap- 
pointed Sir William Greir of Lag, John Maxwell of Conhaith, and 
Sir William Maxwell of Gribton to attend the elections, prevent dis- 
order, and report the names of offenders (ibid. p. 160). But the 
Corsan party made a final effort to evade the letter of the Law. On 
February 6th, the Privy Council changed the date of the election 
to the 25th February. For they were informed that at the instigation 
of the Corsans, a Justice Court had been appointed to be held at 
Jedburgh on the nth, and that all the persons having votes in the 
Dumfries election had been ordered to appear on the panel of the 
Assize, or else as witnesses, in order " to keip the said Court and 
sua to frustrat and neglect the electioun of magistrattis, pretending 
the necesitie for thair repairing to the said Court for eschewing the 



68—71 NOTES. 173 

unlaw" (R.P.C. xiii. p. 168). The matter did not end there. On 
2 July, 1623, the Convention of Royal Burghs, in pursuance of its 
policy of regularising the election of Burgh Magistrates and 
Councils, ordered Dumfries to produce the form of the election 
of its Magistrates and Council at Michaelmas following; and on 
9 July, 1624, the Commissioners reported that Dumfries " Keip no 
solide way nor course " in its elections. The Convention thereupon 
appointed Commissioners " to sett down a settled forme for the 
samin." 

69. — If Edgar is right, William Carlyle must be an unrecorded 
member of the Boytath family. Nicholas Carlisle does not mention 
him. The first Laird of Boytath (now a farm about a mile and 
a half north of Torthorwald Castle), was John Carlyle, fourth son 
of Michael, fourth Lord Carlyle of Torthorwald. John was 
succeeded by his son James Carlyle, who was retoured heir on 8 
Jan. 1624, in the 2 merk land of Boytath and other adjoining 
property, and who died in 1634 (See N. Carlisle's " Collections for a 
history of the family of Carlisle "). William Carlyle must have been 
his younger brother. On i Oct. 1617, as a burgess of Dumfries, he 
witnessed a sasine of Dom. Robert de Douglas in the lands of 
Torthorwald (Aitken MSS.) He married Isabel Kirkpatrick, became 
a bailie and died before 3 Dec. 1657. His three daughters Agnes, 
Margaret and Janet were retoured his heirs in Houthat, Roucane 
and the Kirklands of Torthorwald on 23 Feb. 1658 (Aitken MSS.). 

70. — Edgar here seems to have omitted accidentally the Dyers 
whose deacon would make the loth of the old quota. Prior to 
1699, the Dyers had been a separate Trade, but in that year they 
were amalgamated with the Glovers " for the better maintaining 
and upholding thair incorporation which within this short tyme 
hath decayit to ane small number." The Trades formally ratified 
the amalgamation on 6 Nov. 1699 (See Minute Bk. Incorp. Trades). 

70a. — The Shoemakers received a Seal of Cause from the Town 
Council on i Dec. 1513 (D. & G. N. H. & A. Soc. 1904-5, 414). 

71. — The family of Geddes of Barnbachle were descended 
from William Geddes, dyer, who obtained on 13 Oct. 1636, an 
Act allowing him to build a pew in the Kirk. In 1695 the Kirk 



174 NOTES. 71—73 

Session held that the Ladie Bambachle, his daughter, was entitled 
to the pew (Aitken MSS.). 

72. — Burnside, who states he had seen a copy of the agreement, 
gives some information relating to it. It was to the effect that 
thereafter the merchants should always have two votes to the 
Trade's one on the Town Council. " And altho' there be only seven 
deacons in the Council yet in order to preserve the balance, there 
are four led votes, as they are called, belonging to the Trades, which 
have each a vote for filling up the Council. This gives the Trades 
on this occasion eleven votes. But as there are by the sett of the 
Burgh four new merchant Councillors chosen by the old Council 
before the day of electing the Magistrates, it makes the Merchant 
Council on that day twenty-two, which still preserves the propor- 
tion betwixt them of two to one as above stated. When the 
agreement was made, it is probable that there were four trades who 
claimed votes that are now (1790) extinct, and that the led votes, 
as they are called, and which are created only for the 
occasion, have been assumed in their place. One of these 
trades is supposed to have been the Dyers; and it is 
certain that the Bonnetmakers, the Maltsters and Waulkers 
had towards the end of last century a vote at least for the Conveener, 
if not in some affairs of the community." 

7 3. — The Minute book of the Incorporated Trades does not 
bear out Edgar's alledged reason for the withdrawal of the 
Waulkers' privilege of voting in the election of a Conveener. They 
had been excluded on 26 Sept. 1682, for not accepting the Test. 
But on 26 Sept. 1691, on petition, their privileges were restored. 
On 19 August, 1695, this received further ratification. Thereafter 
they were always specifically included in the votes for the Trades 
elections. The first year in which they were not represeneted was 
1728, and in 1733 they were represented for the last time. The 
principal cause of their decline was trouble with the Dyers who 
were rivals, and were continually encroaching on the Waulking trade. 

The fact too that the Waulkers were not strictly trading in 
Dumfries, though freemen for that purpose, rendered them 
peculiarly liable to the competition of unfree traders, such as John 
Wilson in Newabbey against whom they took action in 1703 (see 
Dumfries Standard : Auld Lang Syne Column cxxxvii. et sequa). 



73—74 



NOTES. 



175 



The Waulkers were domiciled at Lincluden as early as 24 
Feb. 1582, when a reference occurs to Thomas Walcar in the ;^20 
land of Cluden, who bound himself to pay ;;^ii to his brother 
Congall, giving as security the tack of their half of the Cluden 
Waulk Miln (Aitken MSS.). This may have been one of the two 
Mylns on the Water of Cluden acquired in 1570 by Sir John Max- 
well of Terreglis from Holy wood Abbey (Abbrev. Fsa Cart. ii. 91). 

It seems that the Dyers and country Waulkers ha^ as much to 
do with the eclipse of the Waulker Trade as the " fashious and 
turbulent blades," though the statement of Edgar, as Clerk of the 
Trades, cannot be doubted. 



74. — The following list of members of Parliament for Dumfries 
has been compiled from Scots Acts of Parliament, and checked by 
Foster's list in " Miscellanea Genealogica." In the following years 
Dumfries was represented in Parliament, but the names of the 
representatives not recorded, 1468, 78, 81, 82, 88, 1505, 26, 67. 



William de Duncoll, 


1357- 


John Corsan, 1633. 


Thomas Lang, 


John Irwing, 1639. 


John of Dunfies 


1440. 


John Irwing, j 

John Johnstone, \ *^40. 


Robert Macbriar, 


1469. 


Welch, 


1471. 


John Irwing, 1 641. 


Nicholl Macbriar, 


I SOS- 


Cuthbert Cuninghame, 1643. 


Herbert Rany (Raining) 1572. 


John Johnstone, 1644-5-6. 


Patrick Macbriar, 


IS 79- 


Thomas McBurnie, 1648. 


Archibald Macbriar, 


1581. 


Robert Richardson, 1649-50. 


Robert Cuninghame, 


1584. 


Jeremiah ToUhurst, 1654. 


John Maxwell, 


1585. 


Thomas Talbot, 1656. 


John Brice, 


1587. 


Jeremiah ToUhurst, 1659. 


John Halieday, 


IS93- 


TUT- ( 1661-5-7-9. 
John Irwmg. j ^g^^_^_^ 


Herbert Cuninghame, 


1612. 


Mr. James Halieday, 


1 1617. 


William Craik, 1678-81. 


John Corsell, 


William Finglass, 1685. 


(? Corsane) 




John Sharp, 1686. 


Francis Irwing, 


1617. 


James Keiman, 1689-90-93. 


John Corsan, 


162 1. 


r> . , . \ 1695-8, 1700. 


Frances Irwing, 


1625. 


Robert Johnstone, j 1702-3-4-5-6. 


John Irwing, 


1630. 





The following biographical notes on this list may be of service : 



176 NOTES. 74 

(a) WILLIAM OF DUNCOLL may with some certainty be 
identified with the second son of Sir Thomas Boyd of Kilmarnoch. 
The estates of Duncoll or Duncow, Clarkslands in Dalswinton and 
the lands of Glenken were granted by King Robert the Brus to his 
faithful follower and companion in the wars of Independence, Sir 
Robert Boyd (Dalrymple's Annals, ii. 2), who at the same time 
received grants of Kilmarnoch etc. which previously had belonged 
to John de Balliol and the Cumyns. At the same time Dalswinton 
was granted to Walter Stewart, third son of Sir John Stewart of 
Jedworth. We know that Sir Robert was a son of William Boyd 
(R.I. p. 6, and Reg. Mag. Sig. i. app. ii. 315). 

Of Sir Robert's sons, the eldest, Sir Thomas Boyd, was taken 
prisoner at Neville's Cross. William de Duncoll, the second son of 
this Sir Thomas, had a grant from King David II. in 1366 of the 
lands of Auchmarr in Dumbarton, and he is described as " filius 
quodam Thome Boyd de Kilmarnoch militis " in a charter to Mal- 
colm Fleming of Biggar in 1372 (R.M.S. i. 279-477). He was 
ancestor of the Boyds of Badenheath, the last of which line was 
Margaret Lady of Badenheath, married to Robert Boyd, third son 
of the fourth Lord Boyd (Scots Peerage, v. 139). 

The property of Duncow must in no way be confounded with 
the j^io lands of old extent of Drumcow or Duncow in the parish 
of Suthik, belonging in 1582 to George Heries of Madinape (H. I. 
250). As there are no old architectural remains at the present day 
at Duncow, it is doubtful whether the first recorded M.P. for Dum- 
fries ever dwelt in the locality. 

The earliest record of the estate is in 1250 when Sir John 
Comyn granted to the monks of Melrose free passage through his 
lands of Dalswinton and Duncoll to their granges in Nithsdale, on 
condition that they repaired the damage done to the track (Cart de 
Melrose 108). In 1434 the fermes of Drumcol were applied to the 
works at Linlithgow Palace (Ex. R. iv. 555). 

The only other proprietor of Duncoll who at this period Ccime 
into prominence was Sir Alexander Boyd of Duncoll, brother of 
Lord Boyd, and instructor in the art of chivalry to the youthful 
James III. In July, 1466, the Boyd family for their own ends 
seized the young King's person, and thereby complete power in 
the country. Lord Boyd's son was made Earl of Arran and united 
to Princess Mary, sister of the King. But in 1469 the King's mind 
was alienated. The estates of the Boyds were forfeited; Sir 



74 NOTES. 177 

Alexander was seized, sentenced (S.A.P. ii. p. 186), and beheaded 
on the Castle Hill, Edinburgh (Boyd Papers, iii. no). The Schir 
William Dunkowe, presbyter, who appears as a witness at Cold- 
stream in 1460 may have been a relation (Liv. 359). 

Following on the forfeiture, the lands were granted to John, 
Lord Carlyle and incorporated in that barony (R.M.S. 1424-15 13, 
1327), but they were soon after taken from that family under the 
pretence that they were crown lands and therefore inalienable by the 
Prince (Barjarg MSS.). In 1498 George of Murhead and Annabell 
Grersone his spouse had a tak of the 10/- fishing within Duncoll 
(R.S.S. i. 193). In December, 1526, the £^20 land of Duncow was 
granted to Robert Lord Maxwell (M.I. 136), Robert Maxwell of Cow- 
hill being in possession in 1582 (ibid. 377). It was whilst he was 
there that Duncow and Cowhill were harried by the Johnstones in 
1585 (A.B. i. xcv.), which was but a repetition of a previous burning 
and despoiling by John Johnstone in 1528 (A.B. i. xxiii.). 

In August, 1592, the feu duties of Duncow amounting to 
£41 6s. 8d. were assigned by the Earl of Morton to the King's " laqu- 
hais," Finlaw Tailzeour one of them giving discharge (M.I. 416). In 
Feb. 1622, the Maxwells were in difficulties and in return for 3000 
merks, the Earl infeft Patrick Young, chirugeon in Dumfries, in an 
annual rent from the lands of Duncow (ibid. 587). It must have 
been this annual rent, valued at 15 bolls of flour and 4 bolls of 
barley, that Patrick Young granted to his son Patrick on 5 March, 
1628 (ibid. 674). 

(b) Of THOMAS LANG the colleague of William de Duncoll 
nothing is known. The name was not associated with the county at 
that period, but a John le Lang was a baillie of Dumfries in 1335-6 
(Bain iii. p. 319), and a John Lang, doubtless the same individual, 
served as a juror at Dumfries on 28 April, 1346-7 (ibid. 1493). 
Thomas Lang may well have been a Provost of the Burgh, though 
there is little evidence to warrant his inclusion in that list by 
McDowall. 

(c) JOHN OF DUMFRIES. This John must not be confused 
with the Magister John de Dumfries who, as Rector of the church 
schools there, rendered in 1330 the accounts of the baillies to the 
Exchequer Auditor ; or with the John of Dumfries who served on a 
jury there in 1347 (Bain iv. 1493). All that we know of the member 
of parliament is derived from two meagre records, both in the year 



178 NOTES. 74 

145 1. He was a witness to an instrument drawn up by the com- 
missioners for the truce of the borders between the two countries 
in the vestry of St. Nicholas church, Newcastle-on-Tyne, on 14 Aug. 
and on the 25th Oct. following he received a safe conduct (in which 
he is named John Dunfrise merchant in Scotland), for the space 
of two years to pass to the realm of England with three merchant 
companions by ship with all the sailors, gear, etc. that were 
necessary (Rot. Scot. ii. 354). From this we may deduct that the 
state of the country in the neighbourhood of Dumfries in the year 
1 45 1 was sufficiently quiet to allow trading to be carried on on 
a considerable scale. In John of Dumfries, M.P. we may safely 
say that we have the first merchant adventurer of Dumfries. It is 
a pity that the name of his ship has not survived. He may have 
been the same person as the John of Drumfresse who witnessed the 
grant of Kildrummy Castle to Robert Lord Erskine in August, 1440 
(Scots. Acts Pari. ii. 56). It should also be added that a John 
of Drumfres, circa 1400, son and heir of John Mitchelsone, burgess 
of Edinburgh, has left on record his seal (Laing Cat. 282. B.M. seals 
161 48). 

(d) The earliest reference to the surname of WELCH in the 
Burgh is David Welch, who served on the assize that retoured Robert 
of Maxwell as heir to his father Herbert Lord Maxwell in 1453 
(A.P.C. 669). Thomas Welche was a baillie of Dumfries in 1465 and 
1467 (Ex. R. vii. 372, 594). The name is one not to be met with else- 
where at this early date. We may with some certainty identify 
this Thomas Welche with the M.P. in 1471. The Thomas Welsch 
burgess who was alive in 1509, was probably his son (R.M.S. 1424- 
15 13, 3335). A David and an Archibald Welch both burgesses of 
Dumfries figure in 1506 and 1510 (R.M.S. 1424-1513, 3010 & 3513) 
and may have been brothers of the younger Thomas. The Schir 
John Welch chaplain in the parish church of Lochmaben in i486 
may well have been a near kinsman (R.M.S. 1424-15 13, 1650). So 
also may have been Nicolas Welsh, Abbot of Haliwode in 1480. 
For later particulars of the family, see Mr. C. Carlyle Aitken's notice 
in the Transaction of the D. & G. N. H. & A. Soc. 1889. 

(e) One of the earliest references we have to the RAINING or 
Ranyng family is in 1549 when Thomas Ranyng witnessed a burgh 
charter (R.M.S. 1546-80, 556). The name seems to have been confined 
solely to Dumfries and the immediate neighbourhood, and to have 



74 NOTES. 179 

died out in the 17th century. In 1570 Herbert Rayning, perhaps a 
son of Thomas, signed the Band of Dumfries. He seems also to 
have gone under the name of Robert (Inquis. Spec). In 1573, a 
bailhe along with Robert M'Ynneil, Herbert was cited in M. George 
Law's complaint re the Friars Minor (R.P.C. ii. 233). He was 
bailie again in 1579 (Ex. R. xx. 319). In 1583 Herbert Ranyng 
elder, along with most of the leading men of Dumfries were cited 
to appear for apprehending and imprisoning Gavin Hogson, an 
Englishman, in spite of a safe-conduct given to him by the Warden, 
John Johnstone of that Ilk. The parties cited consisted of Provost 
Archibald Macbrair, bailies John Merschell, Robert McKynneil and 
Mathew Dicksoun, also Herbert elder, Maister Homer Maxwell 
commissary, William Gledstainis, George Moffett, John Patersoun, 
James Welsche, John Thomsoun and Mungo Hamilton — who 
probably composed the Town Council. It is on record that Herbert 
Ranyng appeared at St. Andrews and defended himself in person 
R.P.C. iii. 591). Herbert was dead by 1591 when his son Herbert, 
younger, was retoured his heir in an acre of land called Hoill acre 
(Inquis. Spec). Herbert Ranyng younger had been summoned in 
1579 before the Privy Council with Archibald Macbrair of Alma- 
gill, Maxwell of Cowhill, Thomas Sawrycht wright in Dumfries, 
John Yair there, Archie Mcbraxr, son of the late Thomas McBrair 
and John Kid cordwainer there, for " blude-drawing " of 
Robert Johnstone of Carnsalloch in the previous January (R.P.C. iii. 
767). In 1597 Herbert, younger, was a bailie and we find John 
Corsane and Herbert Birkmyr, his co-bailies, going surety for him, 
Thomas and John his sons, and also John Marschaell, Francis 
Irving, Robert Batie and John Gledstainis apohtarary, burgesses,- 1 
not to harm Isobell Kirkpatrick relict of Richard Kennan (R.P.C. 
v. 679). From an entry quoted elsewhere we know that Herbert 
younger had married Janet Davidson, and in addition to Thomas 
and John, had a son named David (R.P.C. xiv. 512). He 
had also a daughter called Agnes (R.P.C. xiv. 484). Herbert was 
dead before 1607. In 1605 Thomas Ranyng had been a surety and 
John Ranyng (? his brother) a witness thereof (R.P.C. vii. 607). 
In 1609 Thomas was Dean of Guild (R.P.C. viii. 243); in 161 1 
a bailie and surety for James Lord Torthorwald in £'2000 (R.P.C. 
ix. 688). Thomas was dead by 1623, for Agnes Rayning wife of 
John Williamson merchant burgess of Dumfries was retoured on 
10 Dec. heir, (i) to her father Thomas in three acres of Gallowrig; 



i8o NOTES. 74 

(2) to her grandfather Herbert in a tenement and garden; (3) to her 
great grandfather Herbert in the above two items and half acre in 
Braidmyre (Inquis. Spec.). The main line thus ending in a female, 
it was left to John brother of Thomas to carry on the family. John 
Ranyng was in his turn Dean of Guild in 1617 and like Thomas 
seems to have had dealings with Lord Torthorwald (R.P.C. 1616-19, 
57). He was a bailie in 1626 when Patrick Young chirugeon went 
surety that Thomas Mitchelson merchant burgess would not molest 
Provost Francis Irving, John, Harbert and Mr. John, his sons, John 
Ranyng, Andro Swane and John his son, William, George and 
John Irving merchants there, George Rome burgess, and numerous 
other Irvings (R.C.P. xv. 287). This George Rome was closely con- 
nected to John Ranyng through his wife, Issobella Ranyng (R.M.S. 
1620-33, 1882). It should not be overlooked that Patrick Raning 
bailie who served on an assize in 1607 (R.M .S. 1609-20, 320), must 
have been of this family, so too may have been the Percy Rayning, 
the Border criminal who was before the Justice Ayre at Dumfries 
in 1642 (R.P.C. xxi. 351). The last note of the family we have is 
in 1675 when Margaret Clerk relict of William Rayning tailor in 
Dumfries, brought a successful action for wrongful ejectment and 
destruction of writs against John Coupland " late bailie," to whom 
William had wadsett some land in the Burgh as security for a 
loan (R.P.C. xxvi. 327). 

(b) The family name of BRYCE, though frequently met with at 
the present time, does not seem to have been at all common at an early 
date. The first person of this name of whom we have record is 
Richard Brice, provost of Stirling, who in 1296 gave homage to 
Edward I. (Ragman Roll). The name does not occur again till 
1480 when we hear of a family named Brise at Largs (Ex. R. ix. 
589). At the same period there was a family of that name in 
Montrose, land there having belonged to the deceased George Brice 
in 1492 (R.M.S. 1424-15 1 3, 21 13). He must have been some 
relation of the Dom. Alexander Bryce who officiated as chaplain 
there in 1495 (ibid. 2304). 

At a later period a Linlithgow family of this name comes 
under notice, amongst them being Dom. Ninian Brice who often 
appears as witness (1536-59) and a William Brice, Serjeant of that 
burgh, who from 1552-76 received payments from the Exchequer 
and seems to have been tenant of Kilmuirheid in that shire in 1590 
(R.M.S. 1580-93, 752). 



74 NOTES. i8i 

It is not known whether the Dumfries family of that name 
was in any way connected with the Stirling or Montrose families. 
Indeed it would be almost impossible to establish it, as the Dumfries 
family never rose to any importance and soon disappeared alto- 
gether. Early in the i6th century a William Bryse owned a 
tenement in Dumfries in the Newtoun (R.M.S. 1513-46, 862). Per- 
haps he was the same William who received from the Lord 
Treasurer in 15 17, i8d. per ell for twenty-five ells of linen (L.H.T. 
V. 117). In 1526 John Bris, elder and younger, received a respite 
with others from the neighbourhood, including the Earl of Cas- 
sillis, for the slaughter of a Dutchman named Cornelius de 
Machterna (R.S.S. i. 3386). 

Either father or son afterwards served on an assize at Dumfries 
in May, 1531 (R.M.S. 1513-46, 1168). But it was probably John 
Bris younger who was named with others in the Cairn valley as 
having to appear before a Commission of Justiciary in 1546 for 
various crimes (Ex. R. xviii. 404). He had previously been made 
a burgess on 2 Dec. 1534 (D. & G. N. H. & A. Soc. 191 2-1 3). 

Three members of this family however occupied prominent 
positions in Dumfries, all in turn having been Vicars of 
Dumfries, Dom. John Bryce we know was prebendary of 
Lincluden in 1579 (R.M.S. 1546-80, 2889 & 2488), and had a 
son named John Bryce who on 12 Feb. 1574-5 received letters of 
legitimisation (R.M.S. 1546-80, 2361). At the same time there was 
another John Bryce in Dumfries, a burgess, whose two sons, both 
named John Bryce, received letters of legitimisation on 3 July, 1583 
(R.M.S. 1580-93, 576). Which of all these bastards represented 
Dumfries in Parliament it is impossible to say. The son of the 
Vicar seems the most likely candidate. If however the John Bryce 
burgess of Dumfries who witnessed a charter in Jan. 1597 (R.M.S. 
1 593-1608, 1 1 86) and figured in a bond of caution in 1590 (R.P.C. 
iv. 596) is the same as the burgess, father of the two bastard Johns, 
rather than either of them (who doubtless became burgesses 
in due course), then he is by far the most likely indentification. But 
in the absence of other evidence, precision is impossible. Probably 
we have a trace of one of the bastards in the "John Bryce in 
Dumfries " who figured in a bond of caution in 1 598 (R.P C. v. 
688). The family seem to have adhered to the Catholic faith, for 
in Nov. 1 60 1, John Bryce elder and younger, John Corsane and 
others were summoned before the Privy Council for hearing and 



i82 NOTES. 74 

saying Mass. John Bryce younger failed to appear and on Dec. 
15 John Maxwell skinner burgess went caution for him to answer 
before the Privy Council when called on (R.P.C. vi. 807). John 
Bryce elder also did not appear, pleading that disease and infirmity 
prevented his attendance. He seems however to have been com- 
pelled to attend and was lodged in the Tolbooth till Jan. 14th 
(R.P.C. vi. 327). Perhaps in this John Bryce we may have both 
the burgess and M.P. It is uncertain whether he was still alive in 
1607. On 2nd May of that year Sir William Cranston, Captain of 
the Garrison, went to Dumfries with a party of horsemen on Privy 
Council business. Their arrival coincided with a May Play at 
which some of the inhabitants were armed with muskets and hag- 
buts. Whilst Sir William was having refreshment, John Bryce 
younger, John, son of William Irving merchant, and John, son of 
John Irving in Lochmabengait, picked a quarrel with some of Sir 
William's party and, coming to blows, raised the cry " a Lorebum." 
Whereupon John Corsane, Roger Kirkpatrick and Herbert Birkmyre, 
bailies of Dumfries, gave the like sign to the multitude, according 
to Sir William's deposition. Forty or fifty shots were then dis- 
charged, and some of Sir William's horses wounded. He not 
unnaturally concluded that the attack was premeditated and that 
the inhabitants, being armed with muskets, " were ready to execute 
thair detestable purpoise." Had not the company escaped, he was 
of opinion that they would all have been massacred. The bailies 
were consequently summoned before the Privy Council in July, 1608, 
and John Corsane had to go caution in ;£^ioo for John Bryce. On 
July 21 both John Corsane and John Bryce were committed to the 
Edinburgh Tolbooth with other Dumfries men already there — 
until the authors of the commotion were given up (R.P.C. viii. 86 
et sequa). This is about the last we hear of the Dumfries Bryces, 
unless Cuthbert Bryce in Dowlarg Wodheid, servitor of Herries of 
Mabie, in 1602 was a relation (R.P.C. vi. 475). So also may 
have been the James and John Bryce in the parish of Anworth, who 
petitioned against the Service Book in 1637 (R.P.C. xx. 712). 
James probably was co-tenant with James Carsone in the six merk- 
land of Rottraw in Kirkandrews in 163 1 (R.M.S. 1620-32, 1868). 

(g) Annandale was the home of the HALIDAY family. A 
branch of the family settled at an early date in Dumfries, a Nicholas 
Halyday being bailie there in 1445 (Ex. R. v. 193). In 1468 a 
John Haliday indweller in Dumfries was bailie of Sir David Heris 



74 NOTES. 183 

and infeft James McDowell of Spottie in the lands of Threpland 
and Glaisters (H. Inventory, 8). In 1510 we learn of certain lands 
in Dumfries which were owned by the late Nicholas Haliday (R.M.S. 
1424-15 13, 3513). This Nicholas was probably a son of the bailie. 
Another proprietor of land within the Burgh was William Haliday 
(1506) who we may conjecture was a brother of the younger 
Nicholas (ibid. 3010). Though proof is lacking, it is likely that the 
younger Nicholas was succeeded by his son John Halleday who was 
bailie of Dumfries in 1528 (Ex. R. xv. 450). Perhaps he was the 
same John who witnessed a burgh charter in 1549 (R.M.S. 1546-80, 
556).' Amongst the signatories of the Band of Dumfries in 1570 
was John Halyday and Thomas Halyday (afterwards Commis- 
sary) with James his father (R.P.C. xiv. 66) who was dead by 1580, 
having been in occupation of some ecclesiastical lands in Dumfries 
(R.M.S. 1580-93, 100). It is conjectured that both James and John 
were sons of bailie John. This John Haliday who figures in the 
Band of Dumfries was the ancestor of a long line of that family 
settled first in Dumfries, then at Edinburgh and later at Tullieboill. 
He laid the foundations of the family fortunes.^ With his son 
John Haliday, writer, he was party to the action set out in appendix 
A, No. 37, concerning the patronage of the chapel of St. Andrew the 
Apostle in the parish church. The endowments of the chapel were 
obtained by John Haliday from the Wallace family, by a disposi- 
tion which we are told was adjudged repugnant to the Acts of 
Parliament and Divine Law. A royal charter of 13 May, 1574, 
however, ratified the alienation with the proviso that when the 
chaplainry be vacant, the patrons should confer the endowment on 
the University or schools for their sustentation (R.M.S. 1546-80, 
2246). Jolm Haliday the writer was a witness of a Sanquhar charter 
in 1579 (R.^'^:^^ S. 1546-80, 2871).^ He was a procurator for William 

1. On 13 July, 1559, Adam Haliday, burgess, received a charter of land in the 
Brigend from the Greyfriars. (D. and G. N. H. and A. Soc, 1912-13, p. 340). 

2. The Aitken MSS. records a sasine (the property of Miss Richardson, 
Dumfries), granted by Adam Sturgeon in Millerlands to John Haliday and Marion 
Cuke his wife, of a tenement having on its north and south the tenements of 
Homer Maxwell and Robert Johnstone, rector of Lochmaben, 13 Dec, 1580. 

3. In August, 1598, John Haliday, the writer, obtained confirmation of a 
grant in his favour of a acres of land lying between the lands of the late Dom 
John Rig, prebendar of Lincluden, the lands of Adam Walkar, and the Laripotts, by 
the late Dom John Edgar, chaplain of the B.V.M. chapel in parish church of 
Carlaverock, who had previously set the same land to John Rig, dyer, for 24/8d. 
(R.M.S. 1593-1608, 777). 



i84 NOTES. 74 

Maxwell of Carnsalloch in a band of caution in 1585 (R.P.C. iii. 
736). On 17 March, 1584, he became an advocate, his practice in 
both capacities being most extensive. By 1580 he was a widower, 
figuring in a deed 18 March as John Haliday, writer, spouse and 
assignee of the late Margaret Moncreiff, tackswoman, with her 
brother Hew, of some fishings in the New water of the Rynde at 
Pittenween (Cal. of Deeds, xix. 218). 

In 1586 he commenced to acquire property, purchasing from 
John Critchton, feuar of Innernytie, the lands and fishings of 
Blackball and Rogertoun, Perthshire (R.M.S. 1580-93, 1061). In 
1598 he bought from Andrew Hering of Glascune the lands of 
Tullieboill in Fife (R.M.S. 1 593-1608, 769). In Oct. 1605, Tullie- 
boill and Elizabeth (Hay) his wife received a charter of quitclaim 
of the lands of Strykynness, in the regality of St. Andrew's, and 
Magister James his third and William his second son received a 
similar charter of the lands of Ballone also there (R.M.S. 1 593-1608. 
1675). John Haliday of Tullieboill died 19th September, 1606, 
having on 13 Aug. 1605, given a charter of Tullieboill to Magister 
John Haliday, his eldest son, and Helen Oliphant, his future wife 
(R.M.S. 1593-1608, 191 2). 

His third son Magister James in 161 6 obtained a grant of 
Pitlochie and Bannachtie in Fife resigned by Robert Arnot of 
Ferny (R.M.S. 1609-20, 1550) in which he is described as Commis- 
sary of Dumfries, in which office he had succeeded Thomas Haliday 
who was Commissary as late as 161 1 (Herries Inventory, 359). 

(h) MAJOR JEREMIAH TOLLHURST was not in the 
proper sense of the word a representative of the burgh. 
When Charles I. was beheaded, the Scots Parliament pro- 
claimed his son Charles II. as King, and Parliament con- 
tinued to transact its normal business till 6 June, 165 1. 
It did not sit again in Scotland till 1661. But under the 
Commonwealth deputies were appointed — they could scarcely be 
called elected — to represent Scotland, at a joint sitting with a 
Committee of the English Parliament " in that Chamber at West- 
minster called the House of Lords " on 9 Oct. 1652. Dumfries had 
now to share a Member with Sanquhar, Annan, Lochmaben, Wigton, 
Kirkcudbright, Whithorn and Galloway, all of which had previously 
had members of their own. The rest of Scotland was dealt with on 
similar lines (S.A.P. vii. pt. ii. 823), there being 10 members for the 
Burghs and 20 for the shires (S.P.D. [1654], 197). Major Toll- 



74 NOTES. 185 

hurst accordingly represented Dumfries and the other Burghs at 
Westminster in 1654, having already represented Carlisle. He 
had been in Newcastle in March, 1653, and in correspondence with 
the Admiralty (S.P.D. [1653], 246). That year he went to Dumfries 
to settle the affairs committed to him by the Commissioners of 
Parliament (ibid. 547). He was with the army in Scotland 1653-4 
and obtained a discharge for disbursements amounting to ;^I50I 
8s. 5d. (S.P.D. [1653-4], 118). In Feb. 1655-6. he was at Carlisle 
reporting on the ruinous state of the citadel and Castle (S.P;D. 
[1655-6], 178), and from a warrant for payment of troops, he appears 
to have been in command of part of Lord Howard's Regiment there. 
Peacock does not mention him, but Dalton (vol. i. 83) says he was 
a Major in Sir John Sayers' Regiment of Foot in June, 1667, when 
that Regiment was disbanded after the Treaty of Breda. Tollhurst 
only sat for Dumfries for two years. Writing to Secretary Thurloe 
on 9 Aug. 1656, Lord Broghill stated " There was one I did not 
like, which made me send for my Lord Hartfell, a kinsman of my 
wife's, and the leading man there : and I have engaged him to 
choose Judge Smyth and Col. Salmon. Smyth is a verry right man. 
I shall engage he will be chosen. I hope you will not have one 
unfit person out of this nation " (S.A.P. vi. pt. ii. 903). 

(i) COL. SALMON had previously been a Commissioner of Sup- 
ply for the shire of Edinburgh in 1655 (ibid. 839). He was elected 
for Dumfries in 1656 in succession to Tollhurst, but preferred to 
sit for Scarborough (ibid. 782). Judge Smyth was one George 
Smith, one of the judges of Scotland : he had been M.P. for Mid- 
lothian in 1652, and in 1656 he represented the shire of Dumfries 
(ibid. 782). He was dead by 1658 (ibid. 916), when Tollhurst was 
elected to his seat. 

(j) When Col. Salmon selected Scarborough as his seat, CAPT. 
THOMAS TALBOT was elected for the combined Burghs. He was 
in the Commonwealth army and in 1654 had his arrears of pay paid 
off (S.P.D. [1654] 343)- The same year he had been granted a 
pass to go to France with a servant (ibid. 437). He was a Com- 
missioner of Supply for Dumbartonshire in 1655-6, 9. Talbot 
was replaced in 1659 by Tollhurst who was the last Commonwealth 
representative of the Burgh. In 1661 a Scottish Parliament once 
again assembled in Scotland, Dumfries being represented by one of 
its own burgesses in the person of John Irving. 



1 86 



NOTES. 



75 



75. — The earliest existing document appointing Commissioners 
for Dumfries to the Convention of Royal Burghs is for the year 
1567. It is dated 11 Sept. and appoints James Rig and Thomas 
Makmynnes, burgesses, " to be oure verie lauchfull and undoubtit 
commissaris, actouris, factouris, eind speciall erand beroris." The 
document is written by the Burgh Clerk, Herbert Cunynghame, and 
"oure common seil " was affixed in the Tolbuith before twenty-one 
named witnesses who probably comprised the Burgh Council for 
that year (R.P.C. i. 567). 

The following imperfect list of Commissioners is compiled 
from the Records of the Convention. An asterisk signifies that 
the Convention was not one of the annual General Conventions. 



John MacBriar. Provost. 


1552. 


Herbert Raynyng. 


1586. 


John MacBriar. Provost. ) 




John Merschell. 


1587. 


James Rig. j 


iSSS- 


William Bryce. 


1587.* 


James Rig and Thomas 




Roger Gordoun. 


1588. 


Makmynnes 


1567. 


Herbert Rayning. 


1591. 


Archibald Macbriar. j 




Herbert Raynyng. Pro- 




Provost. 1 


1570- 


vost. 


1592. 


James Rig. ' 




Herbert Raynie. 


1594- 


Archibald MacBrayr. 


1574- 


Cuthbert Cunningham. 


1597- 


Herbert Raynyng. ) 
Thomas MacMenis. 




Robert Rychartsoun. 


1598. 


1575- 


Robert Rychartsoun 


1599- 


Herbert Rayning. 


1578. 


John Corsane. Bailie. 


1600. 


Archibald Macbriar. 

Provost. 
Herbert Raynyng. ^ 




Halbert Cunninghame. 




1579- 


Clerk. 


1600.* 




Represented by Commis- 




Robert ? Raynyng. 


1579* 


sioners for Air. 


1601. 


John Merschell. 


1582.* 


Adam Corsane. 


1602. 


Matthew Dicksoun. ) 
WiHiam Gledstanis. ) 




John Corsane. Merchant. 




1582. 


1603 & 


[ 1604. 


John Merschell. Bailie.) 
James Johnstone. ) 




John Corsane. \ 




1583- 


Halbert Cunninghame. 


1605. 


Symon Johnstone. 


1584. 


Clerk. ' 




Alexander Maxwell of 




John Corsane. 


1606. 


Newlaw. Provost. 




John Corsane. Bailie. 


1607. 


Maister Homer Maxwell. 


1585- 


Robert Richartsoun. Mer- 




Bailie. 


chant. 


1608. 


Herbert Raynyng. 




Thomas Raynie. Bailie. 1 


609 & 


James Rig. Co-burgess. 






1610. 



75-77 NOTES. 


187 


John Corsane. 1611. 


Robert Grahame. 


May, i66o.* 


Francis Irving. 1612. 


John Cunninghame, July, 1660. 


James Cunninghame. 


John Irving. 


Dec. 1660. 


Bailie. 1612.* 1613. 1614. 


John Irving, 


1662, 1663. 


1615. 


John Coupland. 


1664. 


John Corsane. 1616. 


Stevin Irwing. 


i66g. 


Francis Irving. 161 7.* 


John Irving. 


1669.* 


John Cosane. 1618. 


Stephan Irving. 


1673- 


Stevin Lourie. 161 8.* 


James Kennan. 


1674. 


John Corsane. 1619. 


William Craik. 


1675. 


Stevin Lourie. 1620. 
John Corsane. 162 1. 




1676, 1678, 
1680, 1681. 




John Corsane. 1 , 
Francis Irving. ) 


John Coupland. 


1682. 


William Fingass. 


1683. 


William Auchinleck, 


John Irving. 


1684. 


Moderator. 1623. 


William Fingass. 


1685. 


William Carliel. 


John Irving. 


1686. 


Francis Irving, 1624, 1625, 1626. 


John Maxwell. 


1687, 1688. 


John Corscine. 1626.* 


James Kennan, 


1689, 1690. 


John Irving. 1627, 1628. 


John Irving. 


Feb. 1692. 


Robert Richardson. 1629. 


Robert Johnston, 


July, 1692. 


John Irving. 1630. 


Robert Johnston, 


1693, 1694, 


Records, 163 1 — 1649, lost. 




1695. 


Thomas McBirnie. 1649. 


John Reid. 


1695.* 


Only 9 Burghs represented in 
Convention, which was hur- 
riedly prorogued owing to ad- 
vance of English Army, 1650. 


John Irvine. 
John Reid. 
Robert Johnston. 
John Irvine. 
John Reid, 


1696. 
March, 1697. 

July, 1697. 
March, 1698. 

July, 1698. 


John Cunningham. 1657. 


an 


d Feb., 1699. 


John Corbet. 1658. 


John Irvine. 


July, 1699. 


Robert Bartane. Feb. i66o.» 


Robert Johnstone. 


1700. 



7 6. — " To me to-day ; to you to-morrow." " One hand rubs the 
other." — Latin proverbs. 



7 7. — There is nothing in any of the old Scots Acts of Parlia- 
mient definitely relating to the beautification of the Burghs. The Act 
of 1594 is entitled, " Anent the uphalding of decayit landis within 



i88 NOTES. 77—79 

burghs." It empowered the Magistrates to hold from time to time 
an inquest of the neighbours upon citation by the heretors, on the 
tenements and properties within the Burgh. If they found a tene- 
ment in a ruinous condition, or any land " biggit of auld and throw 
lang tyme decayit, as to be uninhabitable or almost so," the magis- 
trates were, by precept, to call upon the conjunct fears or liferenters 
to repair the premises within a year and a day. Failing such 
reparation the heretors or magistrates were to enter into possession 
of the premises, as if there had been no liferenter, and repair or 
sell the lands — provided that any surplus maills, duties, etc., were 
handed over to the liferenter b^ conjunct fear. " And this to be 
extendit to all brunt and waist lands " (S.A.P. iv. 71). A further 
Act, with similar provisions, was passed in the 3rd session of the 
reign of Charles II., being the 12th Act recorded. It referred to 
ruinous houses upon the High Streets or vennals of Royall Burrows. 
Though sometimes it may have operated harshly, the Act was very 
beneficial. Between 1700 and 1800 the Town Council Minutes con- 
tain plenty of cases of the enforcement of these Acts. But in 
1714-15 it was "seriously urged," as stated by Edgar, with com- 
pleteness and effect. 

78. — This quotation should be, " Munera, crede mihi, capiunt 
hominesque deosque "—gifts, believe me, capture both men and gods. 
— Ovid, Ars. Am. iii., 653. 

79. — Edgar's statement that the Cunynghame family in Dum- 
fries was a cadet branch of the Glencairn family is not susceptible to 
proof. The first recorded burgess of that name is Nigel de 
Cunynghame, who in 1381 witnessed the Fleming charter of the 
Lordship of Galloway to the Douglases (R.M.S. new vol., 507). He 
obtained an annual grant of £\ i from the lands of Carlaverock 
(ibid. 608), probably on 7 Sept. 1362 (ibid. 102). There is no reason 
to suppose he was identical with the Nigel de Cunynghame who 
obtained a grant of West Barns (Fife), in 1376, and was ancestor 
of that branch (ibid. 593). Not till 1457 is another Cunynghame men- 
tioned in Dumfries, when a document was witnessed in a tenement 
in Dumfries belonging to Adam de Cunynghame (Liv. 346). 

It is not known what relation to this Adam was William 
Cunyngham, who entertained the King in his house at Dumfries in 



79 NOTES. 189 

1 501 (L.H.T. ii. 104), and again in 1509 (Ex. R. xiii. 132). But 
the position of William Cunynghame in the Burgh could only have 
been second to the Macbrair family. In 151 1, in conjunction with 
his wife Katharine Birkmyr, he made separate endowments of the 
altar of the Holy Blood in St. Michael's. 

In April, 151 1, he obtained from Ninian Glendining, of Parton, 
a charter of the 5 merk land of Eyrnmannach, and the 20/- land 
adjoining thereto in the Lordship of Parton, in favour of himself, 
wife and David, their son (R.M.S. i. 3564). He had another son 
Thomas (R.M.S. i. 3513), and perhaps the Eliseus Cunynghame, 
burgess, who witnessed the Castledykes charter, may have been 
another son (R.M.S. ii. 2083). William Cunynghame is alledged 
to have been infeft in the lands of Lordeburn on 2 March, 1490 
(Aitken MSS.). 

In 1529 his son David was in possession of land and a garden 
in the Newtown (R.M.S. ii. 862). 

In 1549 David Cunynghame, now a bailie, together with Eliseus, 
John, and Herbert Cunynghame, burgesses, was a party to the Mac- 
brair charter from the Burgh (R.M.S. iii. 556). Herbert Cunyng- 
hame had been a bailie in 1531 (R.M.S. ii. 2083), and may have 
been the Town Clerk who drew the 1549 charter. It is, indeed, a 
most difficult problem to find out the relationship between these early 
Cunynghames. They seem all to have been in the Law, and to 
have occupied all the legal posts in the Burgh. Herbert was the 
commonest name in the family, a fact which renders the task of 
identification amongst all the notaries of that name very difficult. 
Thus, in addition to the Town Clerk of 1549, and the bailie of 
1 53 1, there was a Herbert Cunynghame in 1532, " clerk," and nephew 
and heir of William Cunynghame (the host of Royalty), in Crukit 
Akyr. Then there was in 1556 a Herbert Cunynghame, "clerk of 
the Sheriff Court " (Drumlanrig Papers, i. 74), who, or it may have 
been his son, was still sheriff clerk in 1574 (Raehills Papers, 26). 
Again, there was a Herbert Cunynghame, Town Clerk in 1567 
(R.P.C. i. 568). As will be seen this by no means exhausts the 
number of known Herbert Cunynghames in the i6th century. 

In June, 1558, there was a John Cunynghame in possession of an 
acre of land in the Friarhauch of Dumfries (R.M.S. iii. 1658). He was 
probably the burgess of 1549 (ibid. 556). A man of this name signed 
the Band of Dumfries in 1570 (R.P.C. xiv. 66). If the identifica- 
tion is correct, he was dead by the end of that year, for in 1571 



I90 NOTES. 79 

William Cunynghame, son and heir of the late John Cunynghame, 
obtained a receipt for ;£'io from the warden of the Grey Friars 
(Moir Bryce, ii. 121). The son, who had been on the Town Council 
in 1567 (R.P.C. i. 568), did not hold the feu long, for in 1576 it was 
forfeited, and he was put to the horn for the slaughter of Thomas 
McBrair (Moir Bryce, i. 212). 

In addition to the John Cunyngham who signed the Band of 
Dumfries in 1570, the signatories included William, Andrew, David, 
and Herbert Cunyngham, a notary. There was a notary of that 
name in 1587, as well as a sadler (Appendix A, No. 39), and in 
March, 1572, a burgess of that name had a precept directed to him 
(R.M.S. 1546-80, 2423). The above-mentioned Andrew Cunyng- 
hame, burgess, figures in several bands of caution of the period, in 
one of which Herbert Cunynghame, his son, is mentioned (R.P.C. 
iv. 589). Perhaps this Herbert, too, was a notary, for in Sept. 
1602, Andrew, Herbert the notary, and Robert Cunynghame wit- 
nessed a band (R.P.C. vi. 802), and we know that Robert was a 
son of Andrew (R.P.C. vii. 674), and that James Cunynghame was 
another son (ibid. 599). The last named, James Cunynghame, a 
burgess, seems to have been a turbulent person. On 12 July, 1606, 
accompanied by his nieces, Katharine and Agnes Cunynghame (wives 
respectively of Thomas McMolland or McMillane and James 
McGowne), he broke by night into the house of Janet Hanyng, wife 
of Thomas Maxwell, and cruelly assaulted her, leaving her for dead, 
covered with blood (R.P.C. xiv. 486). James Cunynhame 
obtained a decree against Sir Thomas McClellane, of Gelstown, in 
16 1 2 (R.P.C. ix. 464), and was a bailie in 1616 (R.P.C. x. 635). The 
other two sons of Andrew Cunyngham, Herbert and Robert, followed 
the family profession, both figuring as notaries in 1598 (R.P.C. v. 
715). Whether this Herbert Cunynghame, notary, is the same as the 
notary of that name who was a witness in 1593 (R.M.S. 1580-93, 
2321), it is difficult to say, especially as there was a Herbert Cunyng- 
hame, Town Clerk in 1601, and a Herbert Cunynghame, burgess, and 
Sheriff Depute in 1606, who, with his brother Robert, the sheriff 
clerk* of Dumfries since 1603 (R.P.C. vi. 788), is mentioned in a 
legal process in that year (A.P.C. 824). Robert the sheriff clerk, or 
another of that name, had in 1602 been servitor to Herbert Cunyng- 

I. This position was occupied in 1638 by Andrew Cun}mghaine of Snaid. 
(R.P.C. xxi. 215), who had been retoured heir to his father John, in the Merk- 
lands of Kirkschaw, in the barony of Snaid, in 1614 (Inquis. Spec.). 



79 NOTES. 191 

hame, the Town Clerk, and had persuaded William Cunynghame, 
merchant burgess, of Edinburgh, to go caution for him (R.P.C. vi. 
711). Another Robert Cunynghame, merchant, in Dumfries, in 1603 
(ibid. 788), adds to the confusion, which reaches its worst on the 
appearance in 1616 of a Provost Herbert Cunynghame, who, with 
his son William, is mentioned in a supplication (R.P.C. x. 649). 
Herbert the provost was none other than Herbert the Town Clerk, 
who in 1608 received a charter of the lands of Swyre (Lag Charters). 
At the same time a Herbert Cunynghame " junior " notary in Dum- 
fries, in 1615, occurs as a witness (R.M.S. vi. 1419). 

Two other Christian names in this family have not yet been 
mentioned. In 1590 a Cristell and a Cuthbert Cunyngham attested 
a band (R.P.C. iv. 589), and in Oct. 1597, the same Cristell ob- 
tained a modification of a penalty (R.P.C. v. 764). Cuthbert was 
a notary by 1589 (R.M.S. iv. 1813), and was Treasurer of Dumfries 
in 1597, 98 and 99 (Ex. R. xxiii. passim). He was a curator of 
James Lindsay of Barcloy (R.M.S. 1620-33, 666). In 1607 he is 
described as "of Conhaithe," when he was the aggressor in the pew 
riot in St. Michael's (R.P.C. xiv. 484). It is possible that he was 
the representative of the senior branch of the family in Dumfries, 
as it was he who vindicated the family's title to the Aisle of St. 
Michael's (ibid. 512).^ Mr. Herbert Gledstanes was his son-in-law 
(ibid. 520). He was succeeded prior to 161 8 by his son, Mr. Cuthbert 
Cunynghame (R.M.S. 1620-33, 2213), who wis Town Clerk in 1630, 
when he was charged with falsifying a deposition which implied 
the practice of witchcraft by three people in Dumfries, whereby 
Edward Hamilton, burgess, was alleged to have met his death. 
(R.P.C. iii., 3rd ser., 450). He was clerk of the Regality of 
Terregles in 1634 (R.P.C, 2nd ser., v. 284), and was dead by 1653, 
when his daughter Elizabeth, wife of James Cunynghame, advocate, 
was retoured his heir in Calsaylands (Cassalands), Conhethbrae and 
the 20/- lands of Conhuith in Troqueer (Inquis. Spec). But co- 
existent with these Cutherts were two other Cuthberts Cunynghame, 
also father and son, who cannot be readily identified with the Con- 

\i. The family would also seem to have held a prebend at Lincluden which 
was of an hereditary nature. In 1518 Dom. Kentigern Cunynghame, chaplain to 
the Bishop of Glasgow, was presented to it in succession to Dom. James Cunyng- 
hame (R.S.S. i. 2979), and in 1537 Dom John Cunynghame was a prebendar 
there (R.M.S. 1513-46, 1727), having by his wife Isabella a son James, of 
Marwhirn. (Aitken MSS.). 



192 NOTES. 79 

huith branch. A Cuthbert Cunynghame was a bailie in 1601 and 
1602 (R.P.C. vi. 312 and 713), and was prosecuted with Robert 
Cunynghame, burgess, for being present at the hearing of Mass 
(ibid.). His son Cuthbert was a cautioner in 1607 (R.P.C. vii. 697), 
and either father or son was Deacon of the Crafts in 1609 (R.P.C. 
viii. 243). 

In 1616, as the result of riotous proceedings between the 
Cunynghame and Dickson families, a plea for reduction of caution 
is recorded, in which several Cunynghames are mentioned. Amongst 
them were Robert Cunynghame and Margaret Heries, his spouse, and 
William Cunynghame, merchant. In 1623 a James Cunynghame 
in Dumfries is mentioned in an action, and along with William 
Cunynghame in 1628 (R.P.C. xiii. 153) was put to the horn for 
hamesucken (R.P.C. xvi. 431). 

In 1623 the Town Clerkship was held conjointly by Herbert 
and Robert Cunynghame (R.P.C. xiii. 153). Herbert was 
dead by 1627, when his widow Elspeth Maxwell was named 
as a Papist (R.P.C. xvi. 128). She was put to the horn 
the following year (ibid. 283), and lodged in the Edinburgh 
Tolbuith (ibid. 330). She was released on 17 July, 1628, on con- 
dition she would remain in Edinburgh and mend her ways, Adam 
Cunynghame, advocate, going surety in 500 merks. But she would 
not attend the kirk, and, contrary to her promise, sought no con- 
ference with the ministers, so she was recommitted to the Tolbuith 
on 24 March, 1629 (R.P.C. xvii. 109). On 2 June she petitioned 
the Privy Council to be allowed to leave the country, complaining 
that she had been thrown amongst common malefactors. So, on 
condition that she left the country before ist July, and found surety 
for 1,000 merks, she was released (ibid. 155). 

Herbert Cunynghame, the deceased Town Clerk, seems to have 
been succeeded by William Cunynghame, who in 1629 was wounded 
in a scuffle caused by a prisoner's escape (R.P.C. xvii. 13). William 
the Town Clerk was dead by June, 1656, when Herbert, his eon, was 
retoured his heir (Inquis. Gen.).* 

As, however, Mr. Cuthbert Cunynghame, of Conhuith, was Town 
Clerk in 1643 (R.P.C. xxii. 82), and as late as 1650, it is evident 
that the practice of conjoint Town Clerks had become quite 
established. 

3. Perhaps this is the Herbert Cunynghame, who was charged with riot in 
1662 (R.P.C. xxiii. 239), and figures as a notary in 1663 (ibid. 367). 



79 NOTES. 193 

With the Restoration, the Cunynghame grip on all the lucrative 
legal posts connected with the district began to relax. The Revolu- 
tion had brought fresh families to the front. In 1662, on the death 
of James Cunynghame, the sheriff clerkship fell vacant. James had 
been presented to the post by the Earl of Stirling, Secretary for 
Scotland. Lauderdale, the new Secretary, proceeded to present to 
the vacancy Mr. John Logan of Sheriffbrae, on 23 Dec. 1662, but 
James Crichton of St. Leonards, the sheriff, refused to admit him, 
and permitted James Maxwell to exercise the office. The matter 
came before the Privy Council, who held that Logan's appointment 
was valid (R.P.C. xxiii. 444). 

Yet another branch of the family reached even higher legal 
honours. In 1602 Adam Cunynghame, servitor to John 

Oliphant, writer, received a Royal grant of a tenement and 
garden in the Soutergait of Dumfries, which had reverted 
to the Crown on the death of Richard Knowis, tanner and burgess 
and a bastard (R.M.S. v. 1345). Adam was admitted Advocate on 
6 Jan. 1607. In the same year he obtained a Royal feu of the 
Plattercroft (or Quarrelcroft), being about 8 acres at the east end 
of the Brig of Dumfries (R.M.S, 1 593-1608, 1987), which had 
previously been occupied by the late Lawrence Grier, and then by 
the late Thomas McBrair. The next year he brought an action for 
the wrongful oppression of his tenants at Dornagittis, Kirkgill, and 
Abisatland (R.P.C. viii. 155) against James Johnstone of Westraw. 
He soon had an excellent local practice. In 161 5 he obtained a 
grant of lands in the barony of Kirkmichael, resigned by Oliver 
Dinwoddie, which he in turn resigned two years later in favour of 
William Kirkpatrick of Kirkmichael (R.M.S. 1609-20, 1251 and 
1702). By 1625 he was Commissary of Dumfries, and obtained a 
general charter of ratification of previous grants of lands in Rowcan 
adjoining Dargavells, certain dominical lands in Cumnock and 
Uchaltrie, and the ;^io land of Arkleton in Eskdale (R.M.S. 
1620-33, 919)- This last named property he had regranted to himself 
and Mag. Adam Cunynghame, his eldest son, in 1633 (ibid. 2109). 
In 1634 he was made a J.P. (R.P.C. v., 2nd ser., 378). A few years 
earlier he must have acquired the lands of Woodhall, in the barony 
of Reidhall, for in 1635 Woodhall and other neighbouring lands 
were erected into the free barony of Woodhall in favour of Adam 
Cunynghame of Woodhall, advocate, and Mag. Adam, his eldest 
son (R.M.S. 1634-51, 285). On 6 June, 1637, he was raised to the 



194 NOTES. 79—80 

Bench. The warrant for his appointment, dated 13 May, still exists 
at the Register House. It is superscribed by the King with this 
addition in holograph — " Let this pass ; but with this proviso, that 
he be found totalie conform to the discipline of the church." (State 
Papers MS., 131). He died before iS June, 1639, when Sir Alexander 
Falconer was nominated to his place. (Hist. Ace. of Senators of 
Coll. of Justice, p. 297). For his descendants see printed pedigree 
(Appendix D). 



80. — Whatever may have been the origin of the McKynnell 
family, Edgar is quite right in stating that they were tenants on 
the Conventual lands of Bruntscairth prior to the Reformation. Like 
all other monastic establishments, Melrose hastened to alienate its 
property. In August, 1565, Michael, commendator of Melrose, 
granted a charter of the io/-s. land of Auchincreich, in the parish 
of Dumfries, to Edward McKynnell, tenant- therein. James and 
John McKynnell also obtained charters of the merkland and 4od. 
lands of the same respectively. John, who appears to have married 
Elizabeth Newall, also obtained sasine of a 6/8d. land within 
Auchincreich. Another member of the family, Heleus McKynnell, 
was granted a 4od. land there, at the same time (M.S. Abbrev. Feu. 
Ch. of Kirklands ii. 240). At least three of these properties were 
adjoining, for in 1579 there is mention of the late William 
McKynnell, junior, of Auchincreith, who had sold his 4od. lands, 
together with his tenement called the " outsett," lying between the 
tenements of James and Eliseus McKynnell, to William Slewman, 
who had already acquired a holding there from the Monastery 
(R.M.S. 1580-93, 1 721). 

John Richardson, burgess, who obtained the Grey friars feu, 
married Elizabeth McKynnell (R.M.S. 1546-80, 1658), whilst another 
burgess, Robert McKynnell, frequently attested documents. This 
Robert obtained a feu of the 6/8d. lands of Bruntscairth in 1606 
(R.M.S. 1 593-1608, 1705), and with William and John was still in 
Bruntscairth the following year (ibid. 1910). From the Inventory 
of Bruntscairth, in the Barjarg MS. more particulars of the family 
can be obtained circa 1623 and later, but enough has been given to 
show that in that corner of the parish were settled quite a colony 
of McKynnells. 



8i NOTES. 195 

81. — Tradition asserts that the family of Corsane is descended 
from an Italian named Corsini, who was imported by Dervorguilla 
to build Sweetheart Abbey. Everything, however, points to a 
Galloway origin. As early as 1296 Robert de Carsan, parson of the 
moiety of the church of Kirkandrews in the Sheriffdom of Dumfries, 
figures in the Ragman Roll^ (Bain ii. 212), and in 1298 Laughlan, 
son of Laughlan de Carsan, and Donevald, son of Thomas de 
Carsan, were amongst some Galloway hostages lodged at Carlisle, 
where they died in prison, after 300 days of confinement (Bain ii., 
p. 301). In March, 1305, John Acarsan, "scutifer," with other 
Galloway and Dumfriesshire men, retook the castle of Dumfries 
from its Brucian garrison, after the death of Comyn (Bain iv. 389). 
Perhaps this may be the first of the eighteen John Corsanes whom 
tradition asserts figure consecutively in this pedigree. But it is not 
probable, as all the persons who took part in this exploit were landed 
proprietors from the neighbourhood, and not burgesses. In 1373 
Thomas[a Carsan was deputy to John de Carnys, custumar of Lin- 
'lithgow (Ex. R. ii. 402), and under the description of King's 
minstrel (Chamberlains Rolls, ii. 95), was granted a pension of ;£^io 
and a tenement in Linlithgow (R.M.S. new vol., 561). In 1394 
Donald Akersan,^ of the diocese of Whitherne, petitioned the Pope 
for a benefice in the gift of the Abbot and Convent of Holyrood 
(P.P. i. 619), and circa 1400 Sir Alexander Corsane witnessed a 
charter of Archibald the Grim to Sir John Stewart of the lands of 
Calie. 

In 1408 Dom. Thomas Corsanus was perpetual vicar of Dum- 
fries, and another priest, a canon of St. Ninian's, named Michael 
Acarsan, in 1445 received a safe conduct (Bain. iv. 240).^ In 1464 
a John Acarsane had sasine of Gaitgilmakkilwernock, in the parish 
of Borgue (Ex. R. ix. 670), being fined in 1473, along with Thomas 



1. He may be identified with Schir Robert Carson clericus, who witnessed 
(according to Glenriddell) the earliest Kenmure charter by John de Maxwell, son 
and heir of Herbert de Maxwell, to Adam de Gordon, of i of the Glenkens. The 
charter has no date, but Douglas attributes it to 1276 (Aitken MSS.). 

2. Perhaps he was none other than " Kessanus clericus noster," who wit- 
nessed in 1370 a charter of Donald, Earl of Lennox. (R.M.S. new vol. 371). 

3. Indeed, the family was full of Churchmen. Dom. Alexander Kersane 
was vicar of Enerlethane in 1451 (Mun. Gl. Univ. ii. 55), and as such was 
candidate for licentia at Glasgow in 1455. He was also vicar of Cumlechan. 
(ibid. 181). 



196 NOTES. 81 

Makcarsane, for harbouring Gilbert McGey (L.H.T.A. i. 8). He 
was succeeded in Gaitgil by another John in 1476 (Ex. R. ix. 678), 
who at once resigned these 25 /-s lands in favour of Thomas McKelle 
(R.M.S. 1 306-1424, 253). The connection with the McClellanes is 
not altogether clear, but it would seem to be a marital link in the 
person of Elizabeth Kersane (R.M.S. 1424-1513, 2137). No relation- 
ship can be established between these early Corsanes and Sir Robert 
Corsane of Glen or Rusco, who, according to Nisbet, was the ancestor 
of the Dumfries family. Sir Robert had two daughters; Marion, 
the eldest, married Sir Robert Gordon of Lochinvar, and on his 
death, in 1525, married Thomas McClellan of Bombie, who was 
killed at Edinburgh on 11 July, 1526, by his stepson, James Gordon 
of Lochinvar; and Janet, married to Edward Maxwell of Hillis 
(Maxwell Inventory, 310). 

Numerous other branches of the family are to be met with 
circa 1500. There were Corsanes in Kirkcudbright, Corsanes 
of Senwick and Galtway, and a Thomas Carsen owned 
lands in Edinburgh in 1493, from which the Abbey of Holy- 
rood drew annual rents (Cart. St. Crucis, 240).* There was a Thomas 
Acarsane in Braco whose goods were escheated for not accompanying 
the King's army to the siege of Tempaltoun in 1508 (R.S.S. i. 4074). 
There was an Andre Akersane, who was granted a respite for 
burning the Place of Dunskay in 1503 (R.S.S. i. 933). In 1508 
Letters of legitimisation were issued to David Akersane, bastard son 
of Schir Walter Akersane, chaplain (R.S.S. i. 2713), who on 2 Dec. 
1509, was presented to the chapel of Boykin in Eskdale, and to the 
old church of Cowper (ibid. 1967). In 1508 Peter Carson, jis a 
member of the cathedral convent of Whitherne, witnessed a charter 
(Liv. 730), whilst Schir John Carsane, chaplain, witnessed a Kirk- 
cudbright charter in 1528 (Liv. 1034). 

The early history of the Dumfries branch is not traceable. On 
30 June, 1367, Maurice and Gilbert Acrassane served on an assize 
at Dumfries, and may well have been burgesses (Reg. de Morton, 
ii. 64).° Thereafter, there is an hiatus till 1477, when Patrick 



4. Another branch of the family was settled in Wamphray ; RoUand Kerssane 
being bailie there to John Johnstone of that Ilk in 1476 (Annandale Bk. i. 14). 

5. There was a William McCassane (? McCorsane), a tenant of the Douglases 
in the town and barony of Preston (Reg. Hon. de Morton). 



81—83 NOTES. 197 

Corsane, an undoubted burgess, owned a tenement in Dumfries (Liv. 
468). If he was the father or even the grandfather of the nth 
traditional but first historical John Corsane of Dumfries, then 
tradition, always suspect, may be safely ignored. Even if it be 
assumed that there were eleven previous consecutive John Corsanes 
between the days of Dervorguilla and the 12th, who died before 
1580 (R.M.S. 1580-93, 100), early marriages and rapid deaths must 
have played havoc with the family, allowing 30 years to a genera- 
tion. From this John Corsane the pedigree can with certainty be 
traced, and will be found in appendix D. 



82.— Francis Irving, the first recorded member of that family 
to become provost, is alleged to be a son of Irving of Bonshaw (Hist, 
of Irvings). He does not seem to have owned any property in 
Red Kirk; but on 12 Dec. 1615, he obtained a charter of Branthwat, 
in the parish of Cummertrees, from James Douglas Lord Torthor- 
wald (Aitken MSS.). There were, of course, numerous Irvings in 
Dumfries at a much earlier date. 



83. — Of all the families sprung from Dumfries, the McBrairs 
have the longest and most honourable connection, having been 
virtually hereditary Provosts of the Burgh for nigh 150 years. Their 
forbear was Andrew McBrair, bailie of Dumfries in 1384 (Ex. R. iii. 
125). In 1427, Herbert McBrair, perhaps a son of the bailie, received a 
grant of Almagill, in the parish of Dalton (Barjarg MSS). Another 
early reference to the name occurs in 1438, when Cuthbert McBrair 
was Rector of Hutton (Hist, of the Corries, 44). In 1444 Robert 
McBrayr, son and heir of the late Herbert McBrayr, burgess, granted 
a charter of a tenement in Dumfries (see Appendix A, No. 11)^ In 
1453 the same Robert McBrayr, now provost, obtained a feu of the 
lands of Netherwood (ibid. No. 13).^ It is not definitely established 
who the sons of provost Robert were, but there is reason to suppose 
that one was Herbert McBrair, bailie from 1471-5 (Ex. R. viii. 102), 



I. Perhaps the John McBrayr, who witnessed it, was his brother. 

-J.. This is not the first recorded reference to Netherwood, which, with 
Cuvnathifrigis (Culnachisrigis or ? Conheathrig) had been granted by David II. 
to Fergus, son of Mathew, probably in 1345. (Robertson's Index, p. 32). 



198 NOTES. 83 

and again in 1488 (ibid. x. 65). Of this Herbert a good deal is known. 
In 1473 ^6 obtained remission for all crimes committed, save treason, 
murder, and homicide, and his position is attested by the fact that 
the son of Lord Maxwell paid the necessary fine (L.H.T.A. i. 5). 
In 1483 he was at law with the brother of Maxwell of Carnsalloch 
for driving away oxen from Dursquhen (A.L.A. 133). In 1490 he 
was a witness (A.D.C. 359), and in June, 1494, had to pay Edward 
Maxwell of Tinwald ;5300 for the set of half the lands of Drumsleit 
with the milns of Brigend and Terrauchtie, and half the teind 
sheaves of Carlaveroch, Kirkbean, Curwen (Colvend), Lochrutton, 
and Terreglis (A.D.C. 334). The same month he relieved William 
Lennox of Cale of 250 franks, owed by Cale to John Bishop of 
the Isles (ibid. 343). He was dead by April, 1496, when his widow 
Agnes Grierson, Nicholas McBrayr, provost, and Robert McBrayr, 
were his executors (Maxwell Inventory, 74). 

Of other McBrairs who were of this generation, but cannot 
be definitely associated with the pedigree, were Alexander 
McBrair (1491), who received 6/8 as his costs for appearing 
as a witness in a lawsuit (A.D.C. 203). " John dominick 
McBraare " (1494), whose lands and goods were distrained 
for an "'unlaw" of ;£'io (ibid. 363), and the deceased Cuthbert 
McBrare, son natural of the late Robert McBrare in Dumfries, whose 
goods, owing to his bastardy, were granted to John Goldsmycht, of 
the Chapell in 1499 (R.S.S. i. 411). In 1504 a Gilbert McBrair 
witnessed several ecclesiastical documents at Glasgow (Simon ii. 
76). In 1509 two chaplains named Thomas and James McBrair wit- 
nessed the Gledstanes charter to St. Michael's. In 15 10 there is 
mention of the late Herbert McBrair (R.M.S. 1424-15 13, 3513). In 
1 5 12 a Duncan McBraer witnessed a document in the manse of 
Kirkbean, whilst in 1528 Thomas McBrare burgess received 250 
marks from John Grierson of Lag, to hold on behalf of James 
Gordon of Lochinvar (Liv. 1026). In 1529 Thomas and Robert 
McBrair, brothers, witnessed the Logan charter (R.M.S. 1513-46. 
862). In 1534 Master Herbert McBrair, chaplain, witnessed a Max- 
well sasine (Maxwell Inventory, 163), whilst a James McBrair, chap- 
lain, did the same in 1539 (ibid. 184). 

Provost Robert McBrair may have lived till 15 16, when there 
arc references to Robert McBrair, elder, in the Burgh Court Books. He 
was succeeded by his son Nicholas, who had been provost in 1484. 



83 NOTES. 199 

Nicholas's cousin, Schir John McBrair, chaplain, was killed in Dum- 
fries by Robert Grierson (Stoddart quoting Pitcairn).^ Provost 
Nicholas, however, took proceedings in the Court of the Arch- 
bishop of Glasgow, against Schir William Heries, whom he accused 
of the deed, demanding canonical purgation, on 15 Jan. 1503 
(Simon ii. 44). But the provost failed to prove the allegation, nor 
did his witnesses appear, so at the request of Mr. James Neilson, 
procurator for the accused, " perpetual silence " was imposed on 
Nicholas, with sound of bell (ibid. 45). Tradition asserts that 
provost Nicholas fell at the battle of Flodden. He was certainly dead 
before 15 15, and was succeeded by his son, provost Roger. On 25 
Nov. 1549, the family obtained a further accession of property in 
the shape of a feu from the Town Council to provost John McBrair, 
son and heir of Roger McBrair, of Almagill, of certain lands which 
Roger and his ancestors had held in tack beyond the memory of 
man. The charter gives the family pedigree for five generations, 
stating that Herbert, Robert and Nicolas were ancestors of Roger 
and his son John, and that they all had been provosts of Dumfries. 
The lands feued are fully described, and consisted of the Mains and 
an oxgang of land adjoining (lying between the ecclesiastical lands 
of the vicarage. Over Netherwood, the lands of the late William 
McBrair in Conhaithrig and Spittalfields), 4 acres of lands called 
Ryallscroft, 3 burgh acres within the bounds of Wetslakis, and a 
mill in the burgh (R.M.S. 1546-80, 556). Another member of this 
family was Friar John McBrair, who was confined in Hamilton 
Castle in 1550, the laird of Bar being his surety (L.H.T. Ace. ix. 459). 
Stoddart says that he was an heretic, and had been a canon of 
Glenluce. At any rate, he escaped, fled to England, and became 
vicar of St. Nicolas, Newcastle, dying there in 1584. Provost Roger 
was probably dead by 1549, when his son John was provost. In 
1558 the lands of Drumganes and seven acres of the lands of 
Conheath were acquired by Provost John (McDowall's Lincluden, 
128). Numerous lands belonging to the Grey friars were obtained 
at the same period (Moir Bryce). 

When Provost John died his son Archibald was a minor. So 
we find other families occupying the provostship till Archibald came 



3. Pitcairn gives from the Justiciary Records the remission granted to 
Grierson, who may have been instigated by Heries. 



200 NOTES. 83 

of age. Indeed, he did not even wait till then, being elected provost 
in Sept. 1568, three months before he legally became of age. 

On Dec. 1573, provost Archibald was retoured heir to his great- 
grandfather William, in the three husbandlands of Almagill, in the 
township of Little Dalton (Inquis. Spec). This seems to be a 
mistake, as Nicholas was his great-grandfather. Indeed, the only 
recorded William McBrair was probably Archibald's grand uncle, 
having been tenant of Conheathrig, and dead by 1549 (R.M.S. 
1546-80, 556). Provost Archibald married Agnes Grierson prior to 
1588, in which year they granted a reversion of an annual rent to 
William Lord Herries, to which document Archibald's seal is still 
attached (Maxwell Inventory, 267). His second son John obtained 
in 1592 a Royal feu of the 5 merkland of Conhaithrig,* bounded 
between Kelwode-Gledstanis on the east, Nethirwode on the south 
and west, and the Mains on the north, which was formerly part of 
the patrimony of the Archbishop of Glasgow (R.M.S. 1580-93, 2194). 
In 1594 the said John McBrair was infeft as heir to his immediate 
younger brother Thomas in an annual rent of ;£'20 from the lands 
of Meikle Culmen in the half barony of Urr (Maxwell Inventory, 
300), Thomas having witnessed a declaration of summons in 1581 
and been implicated in Morton's rebellion in 1585 (S.A.P. iii. 205, 
395). Provost Archibald, their father, came to a violent end. On 
I April, 1587, on the evening before the King entered Dumfries, the 
provost slew Archibald Newall, a burgess. The murder was of a 
peculiarly atrocious type, Newall being " single allane and without 
any kynd of armour." The widow, Eister Hill, clamoured for 
Justice; the moment and place chosen was an insult to the Royal 
person (R.P.C. iv.*i72). The provost seems to have fled the burgh, 
but he was arrested, tried, and beheaded in the following January 
at the Market Cross of Edinburgh (Stoddart). 

This virtually terminated the family monopoly of the provost- 
ship, though Robert McBrair, son and heir of Archibald, was pro- 
vost at a later date. But in 1590 he was still a minor (R.P.C. iv. 

4. This was not the only ecclesiastical land of Conhaithrig held by the 
McBrairg, for on lo Dec, 1591-2, Robert of Almagill had sasine in iij bovates of 
land (or the 37/2d. land) in Conhaithrig, and also 4 of the bovates of Conhaithrig 
lands formerly held of the Archbishop. The lands had been in the hands of the 
King for 4 years ( ? since Archibald's execution), owing to non-recovery of sasine. 
(Ex. R. xxii. 540). 



83 NOTES. 201 

295). In 1595 he was at variance with Cuthbert Grierson of Hali- 
dayhill, concerning his tenants in Drumganie, both sides finding 
sureties (R.P.C. v. 253). In Dec. 1597, he has sasine of 52 acres of 
the lands of Spittalfields, formerly held in chief from the Friars 
Minors of Kirkcudbright (Ex. R. xxiii. 472. See also Moir Bryce.) 
He seems to have been provost in 1599, for in that November the 
electors were instructed to continue him in office, which charge they 
had " contemptandlie dissobayit " (R.P.C. vi. 39). In 1602 he was 
in trouble with Carruthers of Holmains, having ejected some of 
that family who were his tenants at Almagill (R.P.C. vi. 356). This 
seems to have been associated with the prolonged legal proceedings 
between the two families for those properties. On Feb. 1604, he 
was retoured heir to his great-great-grandfather Nicolas, in 14 acres 
of land in Little Dalton (Inquis. Spec). He was tacksman of the 
teinds of Annan in 161 1 (A.P.C. 860), and in 161 3 was a J.P. (R.P.C. 
X. 73). The same year he had a grant of the £c, lands of Meikle 
Richerne, in the parish of Terreglis (R.M.S. 1609-1620, 843), though 
the disposition was under reversion (Herries Inventory, 382). In 
1623 he was again a J.P. as " Robert McBlair of Halmegill " (R.P.C. 
xiii. 343). In 1626 he is mentioned in a report, that " as to the 
peroschoune of Drumffreis, thay ar for the moist pairte burgessis 
and travellouris and uther honest men except Robert McBrair of 
Amygill and Mathew Hairstaneis of the Cragis " (R.P.C. i., 2nd ser., 
675). In 1630 Robert was suggested as Judge in a trial for illegal 
sheep-marking^ (R.P.C. iv., 2nd ser., 17), and figured as a J.P. again 
in 1634 and 1636 (R.P.C. v., 2nd ser., 381). In Dec. 1635, in con- 
junction with his 3rd son David, he received a charter of the lands 
of Kenmure and others in Dairy (R.M.S. 1634-51, 442). Robert 
McBrair, of Almagill, died on 28 Oct. 1639 (see his testament) being 
killed at Coventry whilst riding before Dame Elizabeth Beaumont, 
Countess of Nithsdale (Aitken MSS.). Of his three recorded sons, 
John the eldest had been appointed in 1624 to assist the Justiciary 
Courts (R.P.C. xiii. 482). He was a prominent Papist, and had 
been excommunicated in 1627. The lieges were warned not to reset 
him, and the following year he was again prosecuted (R.P.C. ii., 2nd 
ser., 203). As late as 1641 he was mentioned as a delinquent (R.P.C. 
vii., 2nd ser., 510). In Aug. 1643, he was heir to his immediate 

5. This was probably in his capacity of Sheriff-deputy, which office he occu- 
pied as early as 1619, when he was in open conflict with the Provost and bailies 
about prison accommodation (R.P.C. xii. 100). 



202 NOTES. 83 

younger brother Robert (Inquis. Spec). John McBrair, of Almagill, 
was dead by April, 1646, when his brother David was appointed 
tutor to his children (Inquis. de Tut.). In the retour1i«^is described 
as " of Almagill " which has given rise to some confusion. Almagill 
and Netherwood never belonged to him, though Newwark did. The 
designation " of Almagill " was either a courtesy during the minority 
of his nephew, or else an assertion of his claim to the estate under 
a forged disposition made two hours after the death of his brother 
John, who had never been infeft in the properties (Aitken MSS.). 
In any case, as may be seen from the Barjarg MSS. and the Hol- 
mains Papers, the family scarcely had any hold on Almagill at the 
time. In Feb. 1648, David and his wife Sophia Crichton and 
Robert their son obtained a grant of the barony of Kirkpatrick 
Irongray and other lands resigned by Thomas Rome, which were 
incorporated into the free barony of Newwark (R.M.S. 1634-51, 
191 5). In the event of the failure of heirs male, the barony was to 
revert to David's nephew Robert. But David was soon in diffi- 
culties owing to the civil war, and also owing to his having been 
a cautioner for the Earl of Annandale and Sir Robert Murray of 
Cockpool (Stoddart). In 1653 Newwark and Kirkpatrick Irongray 
were apprised for 4,000 merks by Robert Graham, late bailie, and 
Jean Douglas his wife (R.M.S. 1652-59, in), whilst the £20 lands 
of Cluden and Duncow went to John Crichton of Crawfordton 
(ibid. 536). David was commissioner of Estates for the Stewartry 
and Sheriff depute of Dumfries. In 1663 he was in arrears with 
his payment to the Exchequer (R.P.C., i., 3rd ser., 328), and in 1665 
he had to relinquish office, having gone to Ireland (R.P.C. ii., 3rd 
ser., 58). At the British Museum are a letter from him to Charles I. 
on his marriage, and a deposition on billeting in 1663. He came 
to a tragic end, being mistaken and killed for a Covenanter in 1667 
whilst in hiding from his creditors (D. & G. N. H. & A. Soc. 1911-12). 
The murderer was at once arrested and hung at Dumfries.' David's 

6. Amongst the Town Charters is the following warrant : — " Dumfries, 31 
May, 1667. — These requyreth you in his Majestie's name to have ane company of 
foot belonging to your town, armed the best way they can be boden, to be by 
10 of the clok this date at your Counsel stair foot, to receave the person of Jon 
Gordoun, now in your gauld, and to guard him from thence, put to a tryall for 
the confessed murdering of David Mcbrair, and gif he sal be found guiltie and 
adjudged to die, let the said company attend the executioun and do such dewtie 
as is usual for guardes to do in such caices. This ye sail not faill to do as ye 
will be ansuerable."— Annandail, Drumlanrigg (Aitken MSS.). 



83—84 NOTES. 203 

son, Robert McBrair of Newwark, was a cautioner in 1675 (R-PC. 
iv., 3rd ser., 657), and with his cousin Robert of Netherwood 
figured in a bond in 1683 (Nithsdale Inventory, 67). 

Robert McBrair of Netherwood, the minor of 1646, was now 
the senior representative of the family. He died in Sept. 1655, 
(? 1657 Dumf. Tests), whilst still a minor, and was succeeded by his 
son Robert, a posthumous child (Aitken MSS.). The infant's mother, 
Marion Maxwell, had to take action against David of Newwark 
over the forged disposition, and on 15 Feb. 1662, by decree of the 
Lords of Session, compelled David to remove furth from Nether- 
wood, Rigside, Richerne, etc., save so much as would satisfy him in 
600 merks yearly from Almagill and Halidayhill. Whereupon the 
widow and her relatives forcibly ejected David and his tenants 
from Almagill (R.P.C. i., 3rd ser., 239), and broke open Castledykes, 
where David dwelt, doing a lot of damage (ibid. 246). Two years 
later the pugnacious widow turned her attention to Netherwood, 
forcibly ejecting some subtenants holding from Sir Robert Murray 
of Glenmuir, who claimed possession by tack from the late Robert 
McBrair. The widow then held the house of Netherwood with 
armed men, " as it were a garrison," and destroyed what she could, 
including eleven hives of bees (R.P.C. i., 3rd ser., 590). On 24 
March, 1664, the widow's son Robert was served heir to his great- 
grandfather, Robert McBrair, in Netherwood, Almagill, and the 
Stewartry properties (Inquis. Spec), but not, of course, in Newwark. 
He was delivered to John Maxwell of Barncleuch, the Town Clerk, 
for his education, on which 600 merks yearly was ordered to be 
spent (R.P.C. ii., 3rd ser., 569), which payment was reduced to 500 
on appeal of his tutor dative Robert of Newark (R.P.C. iii., 3rd 
ser., 66). 

84-. — There were McBurnies in Dumfries from an early date, 
Cuthbert McBurnie being appointed Brigmaistre in 1520 (D. & 
G. N. H. & A. Soc. 191 2-1 3). There was a Thomas McBurnie, a notary 
in Dumfries early in the 17th century, who was dead by 1624, when 
his son John figures as a witness (R.M.S. 1620-33, 556), being also 
a notary (R.M.S. 1634-51, 514). In 1640 another Thomas Mcburnie 
as a bailie witnessed an obligation (A.P.C. 879). He was bailie 
again in 1643, when he was given a commission to apprehend Papists 
(R.P.C. xxii. 82). In 1648 he was M.P. for Dumfries, being very 



204 NOTES. 84—85 

active on various committees, and again in 1649, when he was 
Provost. His duties in the latter capacity probably interfered with 
those of the former, for in 1649 and 1650 the roll records as repre- 
sentative for Dunfries " Thomas McBurnie or in his absence Robert 
Richardson," who, in fact, performed most of the Parliamentary 
duties (S.A.P. vi. Pt. ii. 125, et fassini). As a prominent Crom- 
wellian. Provost McBurnie took an active part in public affairs. In 
one of his letters. Gen. Monck narrates how the Provost in April, 
1654, had had his house near Dumfries burnt by Kenmure's men. 
The Provost escaped in time to a small round tower, and with the 
aid of a fowling piece repelled the attack (Scots. Hist. Soc. xxxi. 
94). On 6 Sept. of the same year he received with Murray of 
Broughton a commission from Monck to treat with Kenmure, the 
Royalist leader in the district (ibid. 176). The next year his elec- 
tion as commissioner to the Convention of Burghs was contested by 
John Corsane, and others on the ground, inter alia, that he and the 
Town Clerk had placed a false seal on the Commission (Rec. of Con. 
of Burghs iii. 404). In 1663 the Shire complained against him, as 
" lait Provost," and his sub-collectors of taxes for malversation 
(R.P.C. xxiii. 347). He was dead by March, 1666 (R.P.C. xxiv. 
153). The Kirk Session records of Nov. 1704, give some informa- 
tion as to the McBurnie pew. Thomas was infeft in the pew in 
1605, as son and heir of Mathew McBurnie, who erected it. On 
7 June, 1670, John was infeft as son and heir of Thomas. This 
John was a notary, and married Janet Maxwell, whose children 
Thomas, John, and Bessie McBurnie were claimants to the pew. 
Evidence was called to prove that Provost Thomas had never been 
seen in the pew. The other claimants were the children of the 
deceased Robert McBurnie, son of Thomas (infeft in 165 1) — (i) 
Thomas, who married in 1663 Isobel, daughter of Edward Edgar, 
bailie, and Agnes Carlisle, and had issue — Robert McBurnie, writer 
in Dumfries, who died unmarried in Feb. 17 16; Agnes, married to 
James Greirson of Dalgonar, and two sons who died early ; (2) a 
daughter married to Andro Huntar; (3) William, dead by 1704; 
(4) Marion; (5) George McBurnie, married to Euphamie Threipland, 
and banished to Zetland. (See also Wodrow's " History," Bk. iii., 
cap. ix.) 

85 — The case of Margaret Ramsay, spouse of Alexander Glen, 
indweller in Dumfries, had given the Town Council considerable 



85—86 NOTES. 205 

trouble and expense. On 9 August, 1706, she had been convicted 
and imprisoned for wilful fire raising. The Magistrates decreed 
her perpetual banishment, and had forwarded a petition to the Privy 
Council to that effect. There had been delay before the Privy 
Council, and on representations being made by the Town Council, 
the Lord Advocate had replied on 19 Feb. 1707, pleading indis- 
position and inability to walk — perhaps owing to gout. He re- 
ported that the prisoner had friends in Edinburgh who would 
oppose the decree of banishment, and urged the Town Council to 
endeavour to obtain the prisoner's consent to a voluntary banishment, 
finding caution for the due observation of the same. The Town 
Council therefore decided to keep her in prison for some time 
longer, and agreed, if necessary, to aliment her family in their 
poverty, whilst she was there. 

In the meantime negotiations were opened to obtain her con- 
sent to the banishment. The aliment was doubtless held out as an 
inducement to her consent. It was sufficient for the purpose, for on 
14 July, the Town Council received a petition from Glen and his 
wife narrating that William Alves, commissary of Dumfries, on 
their behalf had agreed with John Neilson writer, on behalf of the 
Town Council, that they would banish themselves from the stewart- 
ries of Annandale and Kirkcudbright, the sheriffdom of Dumfries- 
shire, and the five kirks of Eskdale, under pain of perpetual 
imprisonment, and a fine of 500 merks. The petition was embodied 
in a bond, and the Treasurer was authorised to pay the Glens 300 
merks on the ist October. 

Crime at the commencement of the i8th century did not go 
altogether unrewarded. 

86. — There were two burrow officers of this name, but Edgar 
clearly refers to the George McCron who was appointed along with 
Alexander Geddes to that office, on 29th April, 1735. The other 
George McCron had been burrow officer and town drummer prior to 
July, 1 7 19, on the 2nd of which month he was summoned before 
the Council, charged with a breach of his trust in discovering the 
town's secrets, and also with being accessory, art or part, in raising 
a mob in the Burgh on the 8th of August previous. The mob had 
interfered with and prevented the magistrates and their officers per- 
forming their duties. McCron pleaded guilty, and was placed in 



2o6 NOTES. 86—88 

prison till he could find surety to leave the Town for ever. On 3 
August, 1719, John Johnstone, indweller in the Burgh, was appointed 
his successor (See T.C.M. under dates). 

McCron's penalty was more severe than that imposed on an- 
other burrow officer, George McAddam, who, on 22 Feb. 1748, 
was suspended by the Town Council; his offence being that whilst 
employed by the Excise Officers to look after some kegs of brandy 
at a public roup, he had stolen a cask of the liquor belonging to 
Leonard Fleming, and also others belonging to the Excise Officers. 



87. — It was on 15 April, 1662, that the Council decided to give 
a Silver Bell to be run for. It is worth recording that Deacon 
Homer Anderson at once won it outright, by being successful with 
the same horse for the three years, 1662-3-4 (T.C.M. 3 May, 1665). 



88. — The old race course was situated at the Stoup, in low-lying 
ground at a bend of the present Lochmaben road, ^?Est of Green- 
brae. At a later date it was moved to the parish of Tinwald, one 
of the reasons being that the Town Council, being in financial diffi- 
culties, feued out the Stoup and the adjoining moss (T.C.M. 30 
July, 1750). 

Horse-racing does not seem to have been a national sport in 
Scotland. The authorities always looked on such meetings with 
suspicion. A gathering of mounted men was regarded prima facie 
as a preliminary to a disturbance of such precarious peace. as the 
Law could maintain. Thus, on 26 March, 161 1, the Privy Council pro- 
claimed, under pain of rebellion, anyone who should attend a great 
horse race, which had been organised by Walter, Master of Buc- 
cleuch, and a brother of Sir Robert Gordon of Lochinvar. The 
ground given for the prohibition was the fear that the promoters 
had organised the meeting "in thair youthfull consait, with some 
hid and secreit purpoisis lurking in thair hairtis " (R.P.C. ix. 153). 

Even prior to the Cromwellian domination, races were held in 
Dumfries. Thus, there is this item in the Treasurer's accounts for 
1641 : " Payit to George Cleghorne for ane silver cup of 54 unces — 
£i%l scots. Mair foi- drinking silver and engraving ye horse on it, 
i8/s." (See also McDowall, 308). 

But in some Burghs, of which Dumfries was one, it became the 



88—89 NOTES. 207 

custom, after the Restoration, for the Burgh Councils to offer prizes 
or pieces of plate for such races. At first it seems to have 
been the practice to confine the entries to burgesses or indwellers in 
the Burgh. (Roger's " Scotland, Social and Domestic," 198, quoting 
McDowall). But the entries were soon thrown open to all comers. 
Thus, on 28 March, 1664, the Council gave a silver cup of 40 
ounces to be run for by the nobility and gentry of the county. 
Again, on 12 May, 167 1, the same was given at the request of Sir 
Robert Dalzell, of Glenae (Aitken MSS.). On 30 August, 1736, the 
Town Cotmcil of Dumfries spent ;^20 on a piece of plate to be run 
for on the ordinary race ground of the Burgh in the following 
October, when the Hon. Company of Hunters in Scotland held their 
annual Meeting there (T.C.M. of date). The Meeting however did 
not come off till the 25 March, 1737. It was a fox hunting gather- 
ing, organised by Mr. Lockhart of Carnwath and other gentlemen. 

James Mitchellson, jeweller of Edinburgh, made the plate. 
The entry money was a guinea per horse. The conditions laid down 
by the Town Council were that each sized horse was to carry ten 
stone English, each Galloway horse being allowed weight for inches. 
There was to be no crossing or justling — the best of three heats — 
and the Magistrates were to be the Judges (T.C.M. 7 March, 1737)- 

This is by no means the only record of such race meetings. 
In 1726 the Town Council gave a silver punch bowl costing £1^ to 
be run for on 9 August, also made by " Capt." James Mitchellson 
(T.C.M. 28 July, 1726). In August, 1728, another punch bowl was 
given costing ;^20. In 1731 the Town gave a piece of plate cost- 
ing £2.^ as well as a " contribution " plate of ;£'i2 (T.C.M. 23 August, 
1 731). On all these occasions the regulations had to be sanctioned 
by the Town Council. 

By 1790 the Dumfries and Galloway Hunt had organised 
annual race meetings " having furnished us with races these two 
or three years past for a week or ten days in October" (Burnside 
MS.). 

89.— The allusion must be to the large numbers of Dumfries- 
shire and Galloway lairds who rallied to Mary's cause when she 
escaped from Lochleven in 1568. 

It can scarcely refer to Lord Maxwell's " Invasion " of Kirkcud- 
bright and Dumfriesshire in April, 1587, two months after Mary's 
death. 



2o8 NOTES. 90—92 

90.— "The matter unfinished "—?.e. without accomplishing his 
object. 

91. — " But the den is not cleaned out yet." This looks like a 
quotation but it cannot be traced. 

9 2. — It is impossible in the compass of a short note, to give an 
adequate account of all the fires to which Dumfries has been sub- 
jected. In a town built almost entirely of wood, they must have 
been of frequent occurrence. A few recorded conflagrations may, 
however, be noted here. In Dec. 1345, Dumfries was burnt by the 
English (Scots Hist. Review, x. 86). In 1384 Scotland was invaded, 
according to the usual practice, on the East and West Marches 
simultaneously. The Earl of Northumberland, according to 
Froissart, penetrated to Edinburgh and burnt Haddington. The 
Earl of Nottingham laid waste the Town of Dumfries (Ex. R. iii. 
117a et sequa). The Editor of the Exchequer Rolls suggests a 
later date, but Walsingham (Hist. Angliae, ed. 1574, p. 336) agrees 
with Froissart. Further corroboration is to be found in a Papal 
Petition of the following year (P.P. i. 567). 

McDowall gives a picturesque account of the burning of 
Dumfries in 1415-16 (p. 140). quoting an even more picturespue 
and untrustworthy authority, Hume of Godscroft, who does not 
mention it. But Ridpath (1776 ed.) p. 384 mentions it, relying 
apparently on the Liber Pluscardensis ii. 264 (ed. 1880). 

Edgar is wrong in stating that the Earl of Shrewsbury burnt 
Dumfries in 1449. He seems to have taken his information from 
Balfour's Annals i. 117, where this date and Earl are given. It 
was in June, 1448, that the Earls of Northumberland and Salisbury 
burnt Dunbar and Dumfries respectively (Tytler iii. 211, ed. 1845). 

Burton does not mention the episode, but it is borne out by 
the Exchequer Rolls (vol. v. introduction Ixxiii.). Sir William 
Fraser (Douglas Bk. i. 462), quoting the Auchinleck Chronicle, 
affirms that Dumfries was laid in ashes. Salisbury's success was 
not long lived, being amply avenged in Oct. by the Earl of Ormond 
on the banks of the Sark (Buchannan i. 207). 

Dumfries was again in flames in 1482. The only evidence is 
a letter from George Caly, merchant of the Staple of Calais, 
to an English nobleman at Naples (Bain iv. p. 415). 



92 NOTES. 209 

" Plesythe yt yowre Lordshyp to undyrstond that the 
Dewke of Abany ys commyn ynto Ynglond, & he ys sworne 
to the Kyngis good grace, & the Kyng hasse sent hym ynto 
Scotlond with 60,000 men yn three battalles and many lordis 
of Ynglond with hym. Jhesu be hys godd spede with tham & 
mony. There hasse bene about 44 townis & velaygis brent 
in Scottlond & many Lordis takyn & slayne; Dounfryss 
ys brent " 

This document is dated 1482 and Bain suggests that it was 
written in the month of March. This appears to be the only 
mention of this burning of Dumfries though the Editor of the 
Exchequer Rolls states that the English ravaged the whole Borders 
(Ex. R. ix. introduction). The burning is however probably 
authentic, though it must have been in the nature of a raid and not 
effected by the main army, which was with Albany on the East 
Coast. 

In 1504 an accidental fire in the Burgh must have caused ex- 
tensive damage, for the Burgh obtained remission of £10 from the 
Exchequer in part recompense for damage sustained by the unex- 
pected (repentinum) fire in that Burgh (Ex. R. xii. 273). 
Amongst the houses destroyed, was that of William Cunynghame 
who, in April, 1501, and perhaps in September, 1504, had entertained 
the King himself therein (L.H.T. ii. 104). The King graciously 
granted him that year £1^ 6s. 8d. from the fermes of Kirkcudbright 
to rebuild his house and renewed the grant in the following year 
(Ex. R. xii. 269 et sequa). The house had evidently not been finished 
by the time the King returned in 1505, for then he rested in " John 
Coupan's chamir." (L.H.T. iii. 154). 

According to Burnside, quoting the Goldie MSS3. the Town was 
burnt by the English in 1536, in revenge for which Lord Maxwell 
with only twenty-four men burnt Penrith. 

In Oct. 1542, a large part of the Burgh was again in flames 
at the hands of the raiders. Writing to the English Privy Council, 
Sir Thomas Wharton stated that on Oct. 4th his cousin Dacre, with 
Sandy Armstrong, Andro Bell, and one called " Will the Flagon," 
Scots and of the "brederyn of the Grames," together with thirty 
Englishmen and six boys, apparently at night, set fire to Dumfries 
"in a strete called Kirkstrete and in both sides of the strete, the 



210 NOTES. 92 

wynde standing well for that purpose. It is thoughte thei have 
burnte above three score houses and moche come." 

As the raiders were in a hurry, they broke open a house to 
obtain fire, with the result that there was an alarm and a fight in 
the street — " thei did strike downe five tall men and left five spears 
brokyn in theym " (Hamilton Papers i. p. 259). 

Mr. A. F. Pollard in his notice of Wharton in the Diet. Nat. 
Bio. says that Dumfries was burnt again on 23 Nov. 1542. But 
this is impossible as it was the day before the Battle of Solway 
Moss. 

McDowall (quoting Haynes' State Papers at Hatfield, 1740) 
gives some stirring details of an alleged burning by Wharton in 
1544. But Haynes unfortunately, when referred to, says nothing 
about it. The episode is probably imaginative. 

In 1547 the English again contemplated a raid, Wharton 
writing to the Protector on 16 Sept. that he hoped to burn Dumfries 
and Lochmaben (Thorpe, 66). By December the English had 
occupied Dumfries, Michael Wharton son of Lord Wharton being 
appointed Captain of the garrison with one hundred horse (Cal. S.P. 
add. 1547-65- P- 357)- 

Leaving Carlisle on 20th Feb. following. Lord Wharton was 
at Dumfries on the 24th and proclaimed there a thanksgiving for 
his late victory (Thorpe, 79). But he does not seem to have burnt 
the town (Bain and Boyd. i. 81).^ 

Mr. Barbour, following Moir Bryce and McDowall, states 
definitely that the English " devasted and burnt the Town of 
Dumfries" (D. & G. N. H. & A. S. 1910-11, p. 20). There does not 
appear to be any evidence to support this statement. Indeed a 
perusal of Lord Wharton's dispatches indicate the exact contrary. 
It is true that early in 1548 Wharton contemplated the destruction 
of the Friary and Lord Maxwell's castle, but there was no time to 



1. From the Anderson M.S. in the Advocates' Library, we learn that the 
Warden, hearing that there were only " preestes and olde women " in the town, 
altered his course, and took and garrisoned the castle of Dumfries, " and therefore 
did spoyle and rifle the towne and left nothing therein that thei could carry 
away, but raised no fyre at that tyme because thei minded to return schortlie." 
When the main English host had departed, the Master of Maxwell, with a "sow" 
(mechanical battering ram), "caused the Castell to render." 



92 NOTES. 211 

carry it out, as by March, 1548, Dumfries was free of the invaders. 
Before that the garrison had been reduced, though it is not quite 
clear to what extent; on the other hand fifteen ajipbuwers had 
reinforced it (Cal. S.P. add. 1547-65, 364). On March 2nd John 
Maxwell and others entered the town and compelled the garrison to 
surrender; one hundred and seventy-seven men were taken prisoners, 
and three hundred and seventy-nine carriage horses captured by 
the Scots. The garrison must have been very luke warm, for Lord 
Wharton complained to the Lord Protector that " many of them are 
most simple creatures and not like men of war " (ibid. 364). On 25 
June following the Provost and Council received a Remission for 
participating with the English against the Queen and Governor, and 
for delivering hostages (R.S.S. xxiii. 95). 

In 1570 Sussex was at Dumfries, and though some houses seem 
to have been burnt, there was no general destruction, which was 
opposed to his policy (D. & G. N. H. & A. Soc. 1910-11, p. 217, where 
the whole episode is exhaustively dealt with). 

About 1599 there was another severe fire in Dumfries, rendered 
all the worse by a simultaneous visitation of the Plague. In July 
the Burgh made supplication to the Convention of Royal Burghs — 
" craiffing support for relief of thair decayit burgh throw the lait 
pest and fyre."* The following year at Kinghorn the matter came 
up for the Convention's consideration again, but was postponed. In 
June, 1601, the Convention decided that " in respect of the unusual 
decay and poverty of the haill burrowis of this realm, thai may 
nocht guidle support the saidis burgh at this tyme by a taxation, 
bot remittis thame to the charitabill supporte of all godlie personis 
in everie burgh, as God sail mowe thair hertis." The godly seem 
to have remained unmoved. 

One of the sufferers of this Fire was James Broun, merchant 
burgess of Dumfries, who on 10 June, 1599, complained that William 
White of Winlockhead has robbed him of ;£'400 ready cash at the 
lead mines which in conjunction with " the lait unhappie fyre " in 
the burgh whereby all his houses, biggings, goods, etc. were de- 
stroyed, had brought him to " grite miserie and povirtie " (R.P.C. vi. 
16). 

* The earliest reference to the plague in the Burgh ig in 1439. It began at 
Dumfries, and spread through Scotland. No one affected, recovered, the victims 
dying within 24 hours. (Auchinleck Chronicle, ed. iSrg, p. 34). 



212 NOTES. 92 

The next conflagration is described by Edgar. It took place in 
161 2. Application was made to the Lords of Council for a 
Commission. Accordingly on 26 November, understanding that 
" some wicked and unhappie personis hes of lait sett fyre in some 
barnis within the Burgh of Dumfries," whereby many barns and 
kilns full of corn were destroyed, the Privy Council "being verie 
cairfull that this unhappie and wicked deid of so dangerous and 
pernitious a preparative salbe narrowlie searched out, examinat and 
tryed," granted to the Provost and bailies commission to apprehend 
and try the guilty if found, and to report to the Lords of Council 
who will give further orders thereanent (RP.C. ix. 498). Edgar 
does not state whether Archibald Herries was guilty of the con- 
flagration, or whether it was in reality an accident. The following 
memorandum relating to the Privy Council's proceedings from the 
Denmyln MSS. ni the Advocates' Library (vol. v. 6) takes us a 
step further in the narrative — 

" Sen the last adverteisment thair hes litle or no thing 
worthie of writting occurrit heir 

" Thair hes beene fyre raised three severall tymes within the 
burgh of Drumfreis whairwith the haill barnis of the towne 
being full of cornis ar brynt and distroyit. Thair is mony pre- 
sumptionis aganis one Archibald Hereis sone to the goodeman 
of Terrauchtie in this mater and the magistrats of Drumfreis 
hes intentit actioun aganis him befoir the Counsell for this same 
fact. He for cleiring him self of this cryme come to this 
burgh and gaif in a petitioun to the Counsell craving a sus- 
pensioun of the commissionis grantit to the toun of Drumfreis 
in this errand, and being attending his ansuer at the Counsell 
dure the Counsell in respect the cryme wes treasounable causit 
apprehend him and hes maid him fast in the tolbuithe of 
Edinburgh and hes writtin to the magistratis of Drumfreis to 
come heir and persew him." 

Date, sometime in January, 1614. 

Whether or not Archibald Herries gave himself up, he was in 
custody in Jan. 161 3, and supplicating the Privy Council to be set 
at liberty (R.P.C. ix. 544), and on the 21st of that month Edward 
Maxwell of Hillis went surety that Herries would appear when 
called on (ibid. 538). He was therefore probably set at liberty. 



92 NOTES. 213 

No further action seems to have been taken against him, so he 
must have been given the benefit of the doubt. Archibald was 
a turbulent and lawless character which may have accounted for the 
suspicion. Shortly before the fire, he had attacked from behind 
John Abercrombie, servitor to the Earl of Orkney, in Dumfries, and 
seriously wounded him, though Abercrombie " had nevir sene him 
before that tyme, with whom he had nevir been in company and 
whom he then nathir knew nor yit had evin offendit in word deid 
or countenance." 

For this dastardly deed Archibald was only denounced rebel 
for non-compearance (R.P.C. ix. 491). 

The fire which took place on 16 Sept. 1742 (not as stated 
by Edgar in 1740-1) during Rood Fair was not extensive. The 
late Mr. Barbour has referred to it (D. & G. N. H. & A. Soc. 1908-g, 
p. 87), but his version of it differs in some details from the record 
of the affair. It took place between ten and eleven o'clock at night 
and was the sole subject of the Town Council meeting the next day. 
A precognition of what transpired was inserted in the Burgh Minute 
Book. William Dodd, merchant in Dumfries, deposed that William 
Chalmers, chapman from Aberdeenshire, was exposing some stock- 
ings for sale near his (Dodd's) shop, when a woman, " of middle 
size and swarthy complexion," slipped a pair of the stockings under 
her plaid. Dodd challenged her; the stockings were found on her; 
she was taken before Bailie Corbet who ordered her imprisonment 
in the pledge house. Thomas Edgar, late of Laghall, now indweller 
in Dumfries, and Andrew Robison, barber, corroborated. Wiliam 
Stewart, officer, deponed to the arrest. John Donaldson, jailor, 
deponed that she gave her name as Mary Macdonald (though she 
said it was Margaret to a fellow prisoner) and that she came from 
Glasgow. She was locked up in the 3rd storey of the pledge house 
where women were usually imprisoned. 

As she was being locked up, she begged for a bit of candle 
to light her to bed. This the jailor gave her, locked up the prison 
and went home to bed. He was roused in the night and came and 
found the place in flames. Only a part of her body had not been 
consumed with fire. The fire does not seem to have spread. 

The fire of May, 1702, was considerable. In the Burial Register 
of Dumfries is an entry—" James Rig merchant, burnt in his house 



214 NOTES. 92—94 

yesterday in the great Burning in the ffrier vennell, the trunk of his 
body being found was buried this day, 6 May, 1702." In July 
Dumfries petitioned the Convention of Burghs for help, stating that 
fifty families had been burnt out, and received the cold comfort 
of a recommendation to the liberality of other Burghs. But in 
August, 1703, the Convention voted ;^200 scots to these families, out 
of a fund of ;£^300 sterling which they divided up for the relief 
of heavily burdened Burghs (Rec. of R. Con. B. iv. 353). 



9 3. — There seem to have been two Lags Lodgeings in Dumfries. 
The original house was in Friar's Vennel, betwixt the lands of the 
late Herbert Birkmyre on the west, the tenement of the late Andrew 
Greirsone on the east, and the high way of the Burgh on the north. 
On 24 April, 1679, Robert Greirson of Lag received sasine of this 
tenement as heir of the late William Grierson of Lag, his great 
grandfather (proavus) at the hand of William Ffingas, bailie. 
John Rome, sheriff (? depute) acted as attorney for Lag (Dumfries 
Reg. Sas. under date). The property consisted of an anterior house, 
a back house in ruinous condition, and the back garden of the same 
" at present possest by Lag and Robert Guthrie as if it were their 
own, bounded by the formerly ruinous tenement pertaining to 
William Irving, merchant, on the west, the tenement now pertaining 
to James Callan (a noted Covenanter) on the east, the said highway 
on the north, and the garden now possest by John Copland, lately 
bailie, and John Robsone burgess on the south." 

How long Lag remained here is not known. But in, 23 Jan. 
1720, he obtained from Mathew Sharp, son of John Sharp of 
Hoddam, a tack for the former's life-time of the " haill and pairt of 
that fore-lodging lying in the west side of the Burgh pertaining 
to Mathew and presentlie possest by Stephen Mitchelson, merchant. 
The rent was ;^8 sterling, public burdens to be borne by Mathew 
Sharp (original in Lag Papers). 

Lag's change of residence is doubtless connected with the 6re 
which in 1702 destroyed the Friar's Vennel. 



94. — There seems to be some confusion here in Edgar's mind. 
The bridge collapsed in the winter of 1619-20. The Ratification of 



94 NOTES. 215 

the five Articles did not take place till Saturday, 4th August, 1621. 
John Corsane was Provost, Commissioner to the Convention, and 
Parliamentary Representative at the time. He was present at and 
voted for the Ratification. 

The natural phenomena alluded to by Edgar as having taken 
place, are amply attested by Spotiswood, Calderwood and others, 
who give extraordinary particulars. Both these writers, like Edgar, 
attach a supernatural significance to the storm which broke out at 
the very moment that the Grand Commissioner had risen to ratify 
the Acts by touching them with the sceptre. The day is still 
remembered in Presbyterian annals as the Black Saturday (see also 
R.P.C. xii. 559n). 



217 



APPENDIX A. 

CHARTERS AND WRITS RELATING TO DUMFRIES. 



No. I. — R[anulfusJ^ filius Dunegal omnibus fidelibus sancte 
matris ecclesie filiis, salutem. Sciatis me dedisse Deo et pauperibus 
hospitalis Sancti Petri Eboraci partem terre de hereditate mea in 
Drumfres in perpetua elemosina, scilicet terram duorum boum 
liberam et quietam ab omni consuetudine et servicio. Habitatores 
etiam istius terre sub mea firma pace et protectione suscipio. Testi- 
bus hiis, Gilchristo filio Eruini^ et Gilcudbricht Brecnach, Gilcomgal 
MacGilblaan et Uduardo filio Vita et Waldevo filio Gilchristi et 
multis aliis apud Drumfres. Valete. (Charter Rolls, 35 Ed. I m. 8 
and Cal. of Charter Rolls iii. p. 90-1). 

No. 2. — Willelmus Dei gratia rex Scottorum omnibus probis 
hominibus totius terre sue cleris et laicis, salutem. Sciant presentes 
et posteri me dedisse et concessisse et hac mea carta confi.rmasse 
Deo et hospitali sancti Petri in Eboraco et fratribus ibidem Deo 
servientibus, duas carrucatas terre et dimidiam in territorio de 
Dunfres et de Kulenhath tenendas sibi in liberam et perpetuam 
elemosinam cum communi pastura et cum omnibus libertatibus ad 
eandem terram juste pertinentibus et aisiamentis, ita libere quiete 
plenarie et honori&ce sicut aliqua elemosina in regno meo liberius et 
quietius, plenius et honorificentius tenetur et possidetur. Concessi 

1. Ranulf, son of Dunegal of Stranith, figures in several charters in the 
reigns of David I. and Malcolm IV. — 1124-65. He was alive as late as 1165 (Scots 
Peerage vi. 287). Between these dates this charter must be placed. His son 
Thomas was sheriff of Dumfriesshire in 1237 (Reg. de Mailros, 187), and died in 
1262, being the grandfather of Thomas Randolph, the famous Earl of Moray. 

2. Perhaps we have in this witness the originator of the Irving Clan. Apart 
from tradition, Robert de Hirewine in 1226 is the first previously recorded. (Bk. 
of Irvings, p. 7). 



2i8 APPENDIX A. 2—3. 

etiam eis et precipio ut omnes homines sui super terrain illam 
manentes quieti sint a theloneo et omni consuetudine per totam 
terram meam nisi fuerint aliqui eorum qui mercaturam exercuerint 
sicut mercatores. Testibus, Gocelino episcopo Glasguensi, Ricardo. 
de Morvill constabulario, Roberto capellano, Roberto de Quinci^ 
Hugone de Sigillo, et Ricardo de Prebenda clericis meis, Roberto 
de Brus, Alano filio Walteri, Rollando filio Uctredi, Waltero de 
Berkele camerario, Willelmo de Lindesie, apud Gretenho. [No 
date^]. (ibid p. 91). 

[Charter by Alexander II. King of Scots granting to the same 
Hospital the same lands with same quittance of toll, pursuant to 
the above charter. Wit : — William de Bosch' chancellor, William 
Cumin Earl of Buchan, Robert de Ros, Eustace de Vesc', William 
de Vallon', Robert de Sancto Germane, M. Marescallus, Male' pin- 
cerna, John de Haya, Robert de Sancto Claro, at Dernington. No 
date.]. 

No. 3. — Domino suo et patri Christiano Galwalansi episcopo^ 
abbatibus, prioribus et omnibus probis hominibus suis clericis ac 
laicis tam presentibus quam futuris totius terre sue, Hucdredus filius 
Fergus, salutem et Dei benedictionem. Sciatis me et heredem meum 
concessisse et dedisse Deo et Sancto Leonardo et fratribus hospitalis 
beati Petri de Eboraco unam carucatam terre et unum toftum in 
Crevequer (Treuequer) in liberam elemosinam ad tenendam de me 
hereditarie et de herede meo liberam et quietam ab omni seculari 
consuetudine et servicio, sicut fratres ejusdem hospitalis de Eboraco 
aliquam elemosinam melius et liberius et honorabilius tenent. 
Sciendum est vero banc donationem factam esse pro anima David 
regis Scocie et pro anima Fergus patris mei et matris mee et pro 
animabus omnium antecessorum meorum. Quare volo et firmiter 
precipio ut predictam carucatam terre et toftum habeant et bene 
et in pace possideantur cum omnibus libertatibus et consuetudini- 
bus et liberie juribus in bosco in piano in pratis in aquis in pascuis 
in molendinis, in omnibus rebus et locis, et concedo eis illuc plenarie 
communem pasturam; super hoc omnibus hominibus et amicis meis 
significo humiliter exorando quatinus pro Dei amore et animabus 

3. Jocelin was elected Bishop on 23 May, 1174, and died 17 March, 1199 
(Dowden). Richard de Moreville succeeded his father as Constable in 1162, and 
died 1189 (Diet. Nat. Bio.). This charter must therefore be dated 1174-89. 



3 APPENDIX A. 219 

omnium antecessorum vestrorum et prece mea predictos fratres 
hospitalis Sancti Petri de Eboraco eorumque possessiones adjuvetis 
et manuteneatis et in illis quibus eis necesse fuerit auxilium et con- 
silium prebeatis. Valete. Hujus donationis hii sunt testes — 
Christianus Galwalensis episcopus, Everardus abbas de Holmcul- 
tram, Robertus prior ejusdem loci, Willelmus celerarius, Robertus 
archidiaconus de Carliolo, Robertus archidiaconus de Galwathea, 
Hubertus de Vallibus, Robertus filius Trute vicecomes, et Ricardus 
frater ejus, Lohlan filius Huddredi, Petrus del Teillol, Ricardus de 
Chenai, Ricardus de Heriz, Robertus clericus de Eboraco, Radulfus 
filius Ricardi, Willelmus de Lacressuner, Hudardus de Hodelma, 
Gilla Chad, Gilla Mor, Radulfus clericus de Card', Ricardus de 
Eboraco, Simon frater Radulfi clerici, Willelmus de Bristou, 
Robertus Dunbredan. [No date.*] (ibid p. 91-2). 

[Charter by Alan son of Rolland constable of Scotland con- 
firming the above charter of his grandfather Huchtred. Wit : — 
Dom Walter bishop of Candida Casa, Dom Galfridus abbot of 
Dundranin, Dom Elias abbot of Tungeland, Dom John the arch- 
deacon, Dom Durandus the Official, Dom Mathew the Dean, Mag. 
Adam de Thornet', Thomas de Cancia, Thomas parson of Crevequer,^ 
Richard parson of Culewen, Martin parson of Kirkecuthbrich, Mag. 
Gervasius de Sumervile, Mag. Thomas and others. [No date], (ibid 
p. 92). 

[Charter by William King of Scots confirming Huchtred's 
charter and also an annual rent from Le gg a r s w de. Wit: — Nic'- 
cancellarius, Mathew archdeacon of St. Andrew's, Richard the/ 
chaplain, Richard de Morvill constable, David Olifard, William 
de Haia pincerna. Att Clacman'. No date]. (Charter Rolls 35, 
Ed. I. m. 8 and Cal. of Charter Rolls iii. p. 92).' 



I 5a 



4. Christian was elected Bishop on ig Dec, 1154, and died in 1186 (Dowden). 
Hubert de Vallibus was granted the Barony of Gillesland in 1157, and died 1164. 

(Reg. de Wetheral, p. 65). Robert son of Trute was sheriff 1158-74 (ibid. i46n). 
This charter must, therefore, be dated 1158-64. 

5. There is a little known barony of Crevequer in Lincolnshire, of which Red- 
bourne was the Caput ; and also a Kentish barony of that name. (Eng. Hist. Rev. 
Jan. 1914, 6. 156). But there can be no doubt that this is the Scottish parish of 
Troqueer. 

5a. All the above writs are taken from a confirmation of them on i April, 
1307, by King Edward I. 



220 APPENDIX A. 4—6 

No. 4.— Sciant omnes tam presentes quam futuri quod ego 
Rogerus Grindegret de Domfres dedi et concessi et presenti carta 
mea confirmavi Deo et beate Marie et monachis de Holm unum 
toftum in Dunfres illud scilicet quod jacet inter terram Nicholai 
carnificis ex una parte et terram Henrici Loker ex alia, quam scilicet 
terram dictus Henricus Loker eisdem monachis de Holm dedit et 
carta sua con&rmavit. Tenendum et habendum Deo et beate Marie 
et eisdem monachis in puram et pepetuam elemosinam libere quiete 
plenarie et integre ab omni servicio exaccione et demanda adeo 
libere quiete plenarie integre sicut ego Rogerus illud predictum tof- 
tum tenui : salvo servicio domini regis quantum ad illud toftum 
pertinet. Ut autem hec mea donacio rata inperpetuum et inconcussa 
permaneat etc.* (MS. Reg. de Holm Cultram). 

No. 5.— Universis Christi fi.delibus presens scriptum visuris vel 
audituris. Robertus filius Willelmi de Moffat salutem in Domino 
sempiternam. Noveritis me pro salute anime mee etc. in liberam 
puram et perpetuam elemosinam illud toftum cum crofto sine uUo 
retinemento quod jacet inter toftum Hugonis filii Norman' ex 
parte australi [ J in villa de Treuquer. Tenendum et haben- 
dum de me et heredibus meis et assignatis sibi et domui sue de 
Holmcultram in perpetuum, adeo libere quiete integre et paci&ce 
sicut aliqua elemosina melius aut liberius dari potest vel concedi 
et sicut Walterus de Burgo illud toftum cum crofto eisdem monachis 
in elemosinam contulit, cum omnibus libertatibus et liberis consue- 
tudinibus et aisiamentis ad toftum illud qualitercunque pertinentibus 
et cum omnibus que mihi jure hereditario aut aliquo alio modo 
descendere poterunt vel accrescere et in omnibus aliis rebus prefato 
tofto et crofto pertinentibus sine uUo retinemento ita quod nee ego 
Robertus nee heredes mei seu assignati in eisdem tofto et crofto 
aliquod jus vel clameum de cetero aliquo modo exigere poterimus 
vel vendicare. Et ego et heredes mei etc. warrantizabimus etc. 
(MS. Reg. de Holmcultram). 

No. 6. — Sciant presentes et futuri quod ego Ricardus filius 
Lestelini caritatis intuitu dedi concessi et tradidi Deo et sancte 



6. The date of this and the following 4 grants to Holm Cultram cannot bo 
definitely assigned, as the names of the witnesses have not been preserved in the 
Register. They are all probably shortly before 1280. 



6—S APPENDIX A. 221 

Marie et monachis de Holm in perpetuam et puram elemosinam 
toftum meum integrum in occidentali parte villa de Domfres quod 
jacet inter terram de Roberti filii Avelini et terram Radulphi 
cognati Willelmi filii Petri et durat in longum ad mensuram aliorum 
toftorum integrorum circumiacencium. Hunc vero toftum dedi et 
concessi et hac presenti carta mea confirmavi Deo et predictis 
monachis de Holm tenendum et habendum in perpetuum liberum et 
quietum ab omni servicio consuetudine exaccione et demanda pro 
me et heredibus meis etc. Et ego et heredes mei warrantizamus etc. 
(MS. Reg. de Holmcultram). 

No. 7. — Sciant omnes presentes et futuri quod ego Ricardus 
filius Lestelini quietum clamavi et resignavi monachis de Holm 
totum jus habendi et possidendi quod habui in tofto mihi concesso 
ab eisdem monachis in terra mea in villa in Domfres quem toftum 
dicti monachi habuerunt et habent ex donacione Willelmi filii Petri 
burg[ensis] de Domfres. Ego quidem ipsum toftum cum edificiis in 
eo contentis tradidi et quietum clamavi prefatis monachis in per- 
petuum ut habeant et teneant et utantur illo tofto libere et quiete 
ab omni vexacione pro me et heredibus meis etc. (MS. Reg. de 
Holmcultram). 

No. 8. — Sciant presentes et futuri quod ego Michelis filius 
Mathei dedi concessi et quietum clamavi ac presenti scripto con- 
firmavi Deo et beate Marie et monachis de Holm in liberam puram 
et perpetuam (elemosinam) pro salute anime mee etc. ilium toftum 
cum omnibus pertinenciis suis in villa de Domfres quod Henricus 
le lokesmyth quondam tenuit de patre meo et de me ad firmam. 
Tenendum et habendum dictum croftum predictis monachis de 
Holm cum omnibus divisis et pertinenciis cum quibus dictus 
Henricus illud tenere consuevit ita liberum quietum et solutum ab 
omni servicio consuetudine, secta placiti, exaccione et demanda sicut 
aliqua elemosina potest teneri liberius quiecius plenius et melius, 
preter duos denarios et obolum quos dicti monachi vel eorum 
actornati solvent annuatim domino regi pro husgavel. R^ sciendum 
quod ego Michel et heredes mei tam illam particulam prefati tofti 

quam R le Fleming tenuit de me ad firmam quam totum 

residuum toftum cum pertinenciis etc. warrantizabimus etc. (MS. 
Reg. de Holmcultram). 



222 APPENDIX A. 9 

No. p.— Omnibus Christi fidelibus ad quos presens scriptum 
pervenerit Willielmus Grindegreth de Dumfres salutem in Domino. 
Noverit universitas vestra me pro salute anime mee, Alicia sponse 
mee, patris et matris mee et omnium antecessorum et successorum 
meorum concessisse, dedisse et hac presenti carta mea con&rmasse 
Deo et Ecclesie beate Marie Magdalene de Lanercost et canonicis 
regularibus ibidem Deo servientibus in puram liberam et perpetuam 
elemosinam, unam petram cere seu quatuor solidos argenti de 
domibus meis inter domos Johannis Grindegret fratris mei in villa 
de Dumfris ex una parte et domum Michaelis Geargun (ipsum per 
uxorem suam CQntig«rtem) ex altera existentibus ad festum Sanctae 
Marie Magdalene annuatim in perpetuum percipiendam. Quare 
velo et pro me tet heredibus meis sive assignatis concede quod dicti 
Prior et canonici dictam petram cere seu quatuor solidos annuatim 
redditos habeant et possideant de domibus meis supradictis ita 
libera et quiete sicut aliqua elemosina infra villam Burgi alicui 
domui religiose liberius vel quietius possit conferri. Et si contingat 
quod dictus redditus termino prenominato secundum quod supra- 
scriptum est plenarie non solvatur Volo et pro me et heredibus meis 
sive assignatis concedo quod dicti Prior et canonici pro libito sue 
voluntatis possint in dictis domibus pro dicto redditu per quam- 
cumque voluarint distributionem distringere at distributiones 
retinere quousque eisdem tam de redditu annuo antedicto quam 
de expensis si quas fecerint pro defectu solutionis ejusdem plenarie 
fuerit satisfactum sine aliqua contradictione vel reclamatione mei 
nee heredum meorum sive assignatorum. Ut hec mea donatio et 
concessio stabilis et firma permaneat et robur perpetue firmitatis 
optineat, banc cartam sigillo meo signatam coram viris fida dignis 
concensu et assensu Alicia sponse mee eisdem tradidi, obligando 
me et heredes meos assignatos seu quoscumqua dictas domus post 
ma tanare vel habere contigerit ad omnia supradicta inviolabiter et 
fideliter in perpetuum tanenda. Testibus dominis David de Thor- 
thorald, Roberto de Chartres militibus, Eo (or Lo) filio Hawyn, 
J. Grindegret, Hutredo de Toreglio ( ? Tereglis), Roberto Luggespick 
burgensibus de Dumfres, Staphano de Lochmaban, Roberto da West- 
marland de Lanrecost, Roberto de Cambok at aliis.^ (MS. Register 
of Lanercost ix. 13). 

7. The date of this grant must be about 1290. David de Torthorwald was 
dead by 1296. 



9a— 9b APPENDIX A. 223 

No. Qa, — 31. July. 1300. Indenture relating to the munitioning 
■of the Castle of Dumfries. 

Memorandum quod ultimo die Julii anno Regis Edwardi 
vicesimo octavo Radulfus de Man ton' coffrarius garderobe 
euisdem Regis liberavit domino Arnaldo Guilli de Pugeys 
■constabulario castri de Dumfries pro munitione eiusdem castri apud 
Dumfries per visum et testimonium dominorum Johannis de Bar & 
Johannis de Bittecourte victualia subscripta, videlicet, de victualibus 
remanentibus & tunc inventis in eodem castro de tempore domini 
Johannis de la Dolme nuper constabularii eiusdem castri, xii solidos 
vi" panis, ij dolia floris, i dolium dimidium vini, ij bussella salis, 
mmix'^xl allecia, vii^^x duros pisces qui dicuntur Hakes, iiii""' pecias 
f eni & vi petras cepi ; Et de emptione -jacta. per Ricardum de Win- 
tonia clericum coquine Regis xx care' boum et ex missione magistri 
Ricardi de Abyndon' de stauro Regis apud Karleolum & Skinbor- 
nesse, v quartaria brasei molitti (sic), ij quartaria fabarum, vi quar- 
taria avene, ij quartaria salis, xxx bacones, mmix'^ allecia, cc dtt» 
pisces; Item liberavit eidem in denariis puris ad puUulos piscem 
Tecentem ova & alia minuta necessaria emenda, x lib'.* 

[Original in British Museum Charters. Add. I9300.] 

No. 9b. — 28. August. 1300. Indenture relating to the munition- 
ing of the Castle of Dumfries. 

Memorandum quod xxviii" die augusti anno regni domini 
Regis Edwardi vicesimo octavo Johannes de Drokenesford custos 
garderobe eiusdem Regis liberavit domino Arnaldo Guilli de 
Pogeys constabulario castri de Donfries pro munitione eius- 
dem castri apud Donfries per dominum Johannem de 
Merk victualia subscripta, videlicet, x dolia floris, quinque dolia vini, 
xxx care' boum, iiii^^ care' multonum,t vi cervos, m allecia, xxii 
salmones, de quibus Petrus de Cicestria & Ricardus de Wintonia 
receptores victualium Regis venientium ad exercitum Regis in Scotia 
habebunt allocationem in compotis suis de eisdem. 

[Original in British Museum Charters, Add. 19301]. 

* Allecia, herrings. Pecias feni, 'pieces' of hay, a somewhat indefinite 
measure, see New Eng. Diet. Petras cepi, stones o£ tallow. Brasei molitti Tsic 
for moliti^, ground malt. 

+ Mttllonum, of sheep (mutton). 



224 APPENDIX A. lo 

No. 10.— 9 Jan. 1431-2. Papal Relaxation to all who visit and 
give alms towards the building of the Bridge over the Nith near 
Dumfries. 

Eugenius etc. universis Christifidelibus presentes litteras 
inspecturis salutem etc. Dum preexcelsa meritorum insignia etc. 
Cum itaque sicut accepimus ad perfeccionem cujusdam pontis super 
flumen de Nyth prope burgum de Drumfes Glasguensis diocesis 
per dilectos filios burgenses et habitatores dicti burgi et alios illarum 
parcium incolas nuper in sui construccione et edificiis inchoati, 
necnon ad amplificacionem cujusdam capelle sub vocabulo beate 
Marie Virginis prope ipsum pontem fundate, propter hujusmodi 
operis sumptuositatem et ipsorum habitatorum pariter et incolarum 
paupertatem sine fidelium suffragiis deveniri non possit, sintque 
propterea ipsorum fidelium subvenciones plurimum oportune, Nos 
cupientes ut pons ipse ex cujus perfeccione ut eciam accepimus 
habitatores et incole predicti plurima suscipient commoda et ipsius 
fluminis vitabunt pericula, ad hujusmodi perfeccionem deducatur 
ipsaque capella amplietur ac congruis honoribus frequentetur et 
ut Christifideles co libencius causa devocionis confluant ad eandem 
et ad fabricam pontis seu capelle hujusmodi manus prompcius por- 
rigant adjutrices quo ex hoc ibidem dono celestis gracie uberius 
conspexerint se refectos, de omnipotentis dei misericordia et beatorum 
Petri et Pauli Apostolorum ejus auctoritate confisi, omnibus vere 
penitentibus et confessis qui in Nativitatis Circumcisionis Epiphanie 
Resurrecionis Ascensionis et Corporis Domini Jesu Christi ac 
Penthecostes necnon in Nativitatis Annunciacionis Purificacionis 
Assumpcionis ejusdem beate Marie Virginis et Nativitatis 
beati Johannis Baptiste ac predictorum Petri et Pauli Apos- 
tolorum et ipauis capelle dedicacionis festivitatibus ac in 
celebritate omnium sanctorum, necnon per ipsarum Nativitatis 
Epiphanie Resurreccionis Ascensionis et Corporis Domini necnon 
Nativitatis et Assumpcionis beate Marie ac Nativitatis 
beati Johannis necnon Apostolorum Petri et Pauli predictorum 
festivitatum octavas, et per sex dies dictum festum Penthe- 
costes immediate sequentes, dictam capellam devote visita- 
verint annuatim et ad fabricam pontis seu capelle hujusmodi manus 
porrexerint adjutrices singulis videlicet festivitatum et celebritatis 
unum annum et quadraginta dies, octavarum vero et sex dierum pre- 
dictorum diebus quibus eandem capellam visitaverint et ad fabricam 
pontis seu capelle hujusmodi manus adjutrices porrexerint ut prefer- 



10—12 APPENDIX A. 225 

tur centum dies de injunctis eis penitenciis misericorditer 
relaxamus, presentibus post viginti annos minime valituris. Volumus 
autem quod si alias capellam ipsam visitantibus vel ad fabricam 
pontis seu capelle hujusmodi manus porrigentibus adjutrices aut 
inibi pias elemosinas erogantibus seu alias aliqua alia indulgentia 
imperpetuum vel ad certum tempus nondum elapsum duratura per 
nos concessa fuerit, presentes littere nullius existant roboris vel 
momenti. Datum Rome apud eanctum Petrum anno incarnacionis 
dominice millesimo quadringentesimo tricesimo primo, quinto idus 
Januarii anno primo. 

(Vatican Archives, Reg. Lat. 304 ff.305d.-306r., and Cal. of 
Papal Letters viii., p. 347). 

No. II.— 22 June, 1444. Charter by Robert Mcbrayr son and 
heir of the late Herbert McBrayr burgess to Thomas McCrery of 
half a tenement in the burgh of Dumfries on the west part thereof, 
between the Venell which leads to the Water of Nyth on the south, 
and the other half of the tenement of the granter contiguous to the 
tenement of Finlay McGilhauch on the north. Reddendo to the 
granter one merk yearly, and to the King five silver pennies at the 
usual terms appointed within the Burgh. Wit : — Master Cuthbert 
McBrayr, Rector of Huton, Schir Thomas de Gilhagy, vicar of 
Trailflat, John McBrayr et multis aliis. (Liv. 309). 

No. 12. — 16 Jan. 1453. — Notarial Instrument narrating that 
Robert McBrair, provost of the burgh of Dumfries, resigned in the 
hands of Andrew Nicolson, bailie of the said burgh, all right which 
he had or might have in the acres and crofts belonging to him within 
the territory of the said burgh, with pertinents, excepting his lands 
of Barcarland; and that thereafter at the command and request of 
the said Robert the said Andrew Nicolson gave sasine of the said 
acres and crofts to John Edyer, one of the bailies of the said burgh, 
in name and for behoof of the community of the said burgh, in terms 
of a Charter thereof granted to them by the said Robert, and for 
which the said community and their successors are bound to pay 
yearly to him and his heirs or assignees £Ci Scots. The following 
witnesses were present : Alexander Martinson ( ?), William Broun, 
Adam Cordonar, Finlay Mcllhauch, Gilbert Valcar, John Velch, 
John Durand, John .... Walter (?) Muirthuat, John McBrare, 
Thomas McGray, Robert Glover, Patrick Corsen, Herbert Newell, 



226 APPENDIX A. 12—14 

Lorane ( ?), Thomas Davison ( ?), John of Herbert of 

John of [Ruff?] burgesses of the said burgh of Dumfries. 

John Mcllhauch, clerk of the diocese of Glasgow, is notary.* 
(Orig. in Burgh Charter Chest). 

No. 13.— 22 Jan. 1453-4. Feu charter by John Edgar and 
Andrew Nicolson Bailies of Dumfries and the community thereof to 
Robert McBrar then Provost, of the lands of Uvir-Netherwod and 
Nether-Netherwod and the Langholm, with the pertinents thereof 
lying in the territory of the said Burgh, between the ford called 
Blackfurd on the north, and the Kelton spring on the south, the lands 
of Colihachrig and Kelton on the east, and the lands of the Laird 
of Betwixt-the- Waters on the west, between which runs the Water of 
Nyth — paying twice yearly 5/-S scots. 

Wit : — Thomas Finlai, Dean of Guild, John Dougan, Walter 
Maurthuat, Thomas Walcar, Gilbert Walcar, Micael Goldsmyt, 
Finlai Mcllhauch, Nicolas Haliday, and Robert de Hamilton bur- 
gesses, and John Mcllhauch, notary public. 

(Liv. 332). _ 

No. 14. — 24 July, 1461. Instrument of sasine at the hand of 
John Mcllhauch clerk of the diocese of Glasgow N.P. narrating that 
in his presence Andrew Nichollson burgess of Drumfreis lawful 
procurator of Dom. John Mcllhauch, chaplain of the chaplainry of 
the late William Hawisson in the Burgh of Drumfreis, personally 
went to a tenement in the said burgh in which Thomas Broustar 
formerly dwelt, between the tenement of Alan Glouer and the tene- 
ment of Gilbert Mcilduf, and resigned the said tenement into the 
hands of the said notary bailie of the said burgh at that time, for 
the profit of the said chaplainry, and at the request of the said 
Andrew gave sasine therein to Dame Elesabeth wife of Thomas 
Ferguson of Cragdarrach, the said lady paying to the said chaplain 
and to his heirs and assignees who were chaplains for the time, the 
sum of 4/-S annual rent at two terms, viz. at the Feast of Pentecost 

8. The Aitken MSS. mention that the original charter o£ the same date 13 
in private hands. The witnesses were : Thomas Finlai, Dean of Guild, Andrew 
Nicolai (Nicolson), Thomas Edgar, baillies, Malcolm Macilhauch, Finlai Macil- 
hauch, David Velch, Thomas Haliday, John Dougal, Walter Morgequhat, Gilbert 
Walcar, Adam Carruthers, and William Brown, burgesses. 



14—17 APPENDIX A. 227 

and St. Martin's in winter. Done at the said tenement at about 4 
p.m. 

Wit : —John Velch, Robert Gibson, and Gilbert Mcilduf. 

(original in possession of Thomas Yule, Esq., W.S.) 



No. 15.-11 March, 1466-7. Instrument of resignation at the 
hand of John Mcllhauch clerk and Thomas de Gilhagy presbyter 
both of the diocese of Glasgow N.Ps. setting forth the resignation of 
John Litstar indweller in the Bridgend near Drumfreis, into the 
hands of Vedast Grersone Lord of Lag, of the fee of a tenement 
lying in the said toun of Bridgend on the south side thereof, between 
the tenement of Patrick de Bondbi on the east, & the road leading to 
the kirk of Troquer on the west ; also a croft on the south side of the 
said toun between the croft of Simon Donaldson burgess of 
Drumfres on the south, and the said tenement on the north the watir 
of Nith on the east and the said road on the west. Done in the 
chamber of Schir Thomas de Gilhagi vicar of Trailflat, N.P. in the 
said burgh. 

Wit : — Schir Thomas de Gilhagi and Gilbert Grersone. 

(Liv. 401). 

No. 16. — 26 July, 1477. Instrument of sasine at the hand of 
John Makhome clerk of the diocese of Glasgow, N.P. narrating that 
in his presence, Patrick Corsane, burgess of Dumfries, resigned into 
the hands of Gilbert Walcar bailie of the said burgh an annual rent 
of 24/-«. furth of his tenement in the said burgh, betwixt the tene- 
ment of Thomas Ameligane on the north, and the high street leading 
to the Stinkfurde on the west, in favour of Gilbert Grersone of 
Kirkbridryg. Sasine given to the said Gilbert. l>»e.^on the ground 
of the said tenement. 

Wit : — Michael Birkmyr, John Mcilmeyne, Cuthbert Androsone, 
William Farkar, and Thomas Ameligane. 

(Liv. 468). 

No 17.— 14 April, 1506. Instrument of Sasine at the hand of 
John Durand N.P. narrating that in the presence of a learned man 
William Cuftyngham bailie at that time of the burgh of Dumfries, 
sitting in full court, compeared Isabella Lawdir spouse of David 



228 APPENDIX A. 17—19 

Maxwell burgess, who in his absence and of her own free will 
resigned into the hands of the said bailie and alienated an annual 
rent of 6/8d. from a tenement in the burgh of Dumfries, between 
the tenement of the late Thomas McByrnye on the north and the 
common way extending by lie Rattendraw on the south, to be paid 
by two equal portions at the Feast of Pentecost and St. Martin's in 
the winter, in favour of John McKynnell, to whom sasine is given in 
the lands of the said tenement. 

Wit : — Cuthbert McQuhat, Thomas McMath, and Thomas 
Sprot. 

(Original in Burgh Charter Chest). 

No. 18. — 15 April, 1506. Instrument of sasine at the hand of the 
same notary and with the same witnesses narrating that David Max- 
well burgess compeared and resigned all right he had or might have 
had in the same annual rent, into the hands of the same bailie, who 
gave sasine to the same grantee. 

(Original in Burgh Charter Chest). 



No. 19. — 15 Nov. 1506. Charter of Mortification by William 
Cunyngham, burgess of Dumfries, whereby for the honour of 
Almighty God, the most blessed Virgin Mary, his mother, cind the 
holy blood of our Lord Jesus Christ, St. Michael, the archangel, 
patron of the parish church of Dumfries, and all saints in paradise, 
and for the salvation of the souls of James the Third by the grace 
of God, King of Scots, lately deceased, and of Margaret, his spouse, 
Queen of Scots, of most worthy memory, and for the prosperity and 
safety of the most excellent and serene prince, James the Fourth, 
present invincible King of Scots, and Margaret, Queen of Scotland, 
his most renowned consort, and all their ancestors and successors 
and for " my own soul and the soul of Catherine of Birkmyre, my 
spouse, and the souls of my father and mother and my heirs and 
offspring," and our predecessors and successors, and for the salvation 
of the souls of all others, " I have in any wise injured in this life 
and to whom in any way I am debtor"; as also for the souls of all 
the faithful departed, he gives, grants, and confirms to the said 
Almighty God, the blessed Virgin Mary and the Holy Blood of our 



19 APPENDIX A. 329 

Lord Jesus Christ and all the saints in paradise and to the discreet 
man, Sir John Simpson, chaplain celebrating mass and divine 
services, and his successors so doing for ever at the altar of the Holy 
Blood of our Lord Jesus Christ founded by " me," and situated 
within the parish church of Dumfries in the aisle of the blessed 
Virgin Mary therein, an annual rent of 9 merks Scots to be uplifted 
from " my " tenement lying in the burgh of Dumfries in the My draw 
thereof between the tenement of the deceased David Makanys on 
the north and the large stone house commonly called the Newerk 
on the south, the public street on the west, and the shrubbery 
(perissoun herbaref on the east; as also an annual rent of 20/- Scots 
to be uplifted from the tenement of a discreet man, Roger Anderson, 
burgess of Dumfries, on the east side of the said burgh between the 
land of John Heroun on the south, the tenement of the deceased 
Archibald Nelesone on the north towards the great stone house called 
Newerk on the east side thereof; also an annual rent of 12/- Scots 
to be uplifted from the tenement with pertinents of John Makcris- 
tyne, burgess of Dumfries, on the west side of the said burgh between 
the tenement of Archibald Welch on the south and the tenement of 
the late William Halliday on the north, the public street on the 
east and the highway leading from the gate of the Friars Minors to 
the Chapel of the Virgin Mary on the west belonging to " me " 
heritably; also an annual rent of 4/- Scots to be uplifted from 
" my " lands of Lordburn belonging heritably to " me," lying within 
the territory of the said burgh ; as also an annual rent of 4/- Scots 
to be uplifted from " my " garden lying within the territory of the 
said burgh of Dumfries between the garden of the late Archibald 
Nelesone on the south and the garden of John Lorimer on the north 
and the lands of Lordburn on the east, upliftable by equal portions 
at the two usual terms of Whitsunday and Martinmas yearly, to be 
held of the granter and his heirs and assignees from the King and 
his successors, kings of Scotland, in pure and perpetual almsgift. He 
also wills and grants that the presentation and donation of this chap- 
lainry shall belong to himself during his life and after his death to 
his heirs as often as it shall become vacant and if they neglect to fill 



9. Literally, a " shrubbery in which grew deadly nightshade." Pliny likens 
perisson to strychnus (Forcellinus). It is, of course, possible that " perissoun " is 
a proper name — ^Perissoun's shrubbery, John Perisoun was bailie of Dumfries in 
Feb. 1382. (Ex. R. iii. 100). 



230 APPENDIX A. 19—20 

such vacancy within fifteen days then the patronage shall devolve 
upon the provost, bailies and community of the burgh of Dumfries 
for the time. The said chaplain is to be bound to make continual 
residence within the burgh of Dumfries, so that he shall not absent 
himself from the said service for the space of fifteen consecutive 
days without the license of the patrons and he is taken bound for 
the performance of certain services, and to sprinkle holy water upon 
the grave of the granter. There is a clause of warrandice; dated at 
Dumfries isth November 1506, witnesses. Sir Fergus Barbour, vicar 
of Trawere; Hugh Rig, William Maxwell, David Welch, John Lory- 
mere, John Rig, Thomas Cunyngham, Thomas Stewart, son and heir 
of the deceased William Stewart, and Herbert Patrikson, burgess 
of Dumfries, and Thomas Makbraire, Gilbert Brek and John Turner, 
chaplains. From the Royal Confirmation at Edinburgh (no date 
given). (Reg. Mag. Sig. Lib. 14 No. 276. Printed in R.M.S. 1424- 
15130 

No. 20.— 9 Nov. 1508. Charter by Mr. Herbert Gledstanes, 
rector of the parish church of Dronnok in the diocese of Glasgow, 
whereby in honour of Omnipotent God [etc., as in No. 19] and for 
the salvation of " my soul and the souls of my father and mother, 
predecessors and successors and for the salvation of the souls of 
all those whom I have any wise injured in this life, and for whom I 
am in any wise responsible, likewise for the souls of all the faithful 
departed," he gives, grants and confirms hereby to the said Omni- 
potent God and the most glorious Virgin Mary, Saint Gregory and 
all the saints in paradise, and to a discreet mein, Sir David Meikgee, 
chaplain celebrating masses at the altar of St. Gregory founded by 
" me" within the parish church of Dumfries, and his successors who 
shall celebrate the same therein in time coming, an annual rent of 4 
merks Scots to be uplifted from a tenement on the west side of the 
said burgh of Dumfries between the tenement of Thomas Welsch 
on the north and the tenement of the deceased Thomas Stewart on 
the south; which tenement belonged to Thomas Makquhirk, son of 
the deceased David Makquhirk, burgess of the said burgh, and is 
now in the hands of David Cunyngham, son of William Cunyng- 
ham; also an annual rent of 13/- Scots to be uplifted from the 
tenement of a discreet man, John Ramsay, burgess of Dumfries, on 
the west side of the said burgh between the tenement of Adam 
Wallace on the south and the tenement of John Newale on the north; 



20—21 APPENDIX A. 231 

also my portion of a tenement which formerly belonged to Thomas 
Stewart, son and heir of the deceased William Stewart, burgess of 
Dumfries, with a front chamber and shop underneath the said cham- 
ber, together with the attic above the said chamber, and corresponding 
in size thereto ; as also " my " stone house, with pertinents in the 
Chapelside of the said burgh of Dumfries, which formerly belonged 
to Thomas Stewart, son and heir of the deceased William Stewart, 
between the tenement of John Newale on the north and the tenement 
of John Lorimere on the south, to be held of the granter and his 
heirs and assignees from the king and his successors, kings of 
Scotland, in pure and perpetual alms. He wills and grants that 
the presentation of the chaplain shall belong to himself during his 
life, and after his death to his heirs, who shall be bound to present 
a chaplain within fifteen days after a vacancy occurs in which, if 
they are remiss or negligent, the presentation shall belong to the 
provost and community of the burgh of Dumfries, and the said 
chaplain shall be bound to make continual residence within the said 
burgh, and not absent himself for fifteen consecutive days without 
license from the patrons. There is a clause of warrandice. The 
Charter is dated at Dumfries 9th November, 1508, witnesses, Sir 
Fergus Barboure, vicar of Traqueir, Mr John Makhome, rector of 
Castillmylk, Sir Richard Maxwell, Thomas Makbrare, James 
Makbrare and John Turnom (?r), chaplains, William Cunyngham, 
John Newall, Cuthbert Makbyrn, and Herbert Paterson, burgesses of 
Dumfries. From the Royal Charter of Confirmation dated at 
Edinburgh 26th April, 1509. (Reg. Mag. Sig. Lib. 16, No. 35, and 
R.M.S. 1424-1513, 3335). 

No. 21. — 10 Oct. 1510. Charter by William Cunynghame, 
burgess of Dumfries, whereby in honour of Omnipotent God and 
the most glorious Virgin Mary [etc., as in No. 19] he gives, grants 
and confirms to the said Omnipotent God [etc. as in No. 19] in pure 
and perpetual alms, an annual rent of 4 merks to be uplifted from 
his tenement in the Mydraw of Dumfries, between the tenement of 
Nicholas Purdum on the north and the large stone house commonly 
called the New Werk on the south, the High Street on the west and 
the shrubbery {ferissoun herbare) on the east; likewise an annual 
rent of 20/- Scots to be uplifted from the tenement of Roger 
Anderson in the said burgh between the tenement of the deceased 
Archibald Nelesone on the north and the tenement of the deceased 



232 APPENDIX A. 21 

Finlay Walker on the south; likewise an annual rent of 12/- Scots 
to be uplifted from the tenement of John Makcristin in the Sowter- 
gait of the said burgh, between the tenement of the deceased 
Archibald Welch on the south and the tenement of the deceased 
Nicholas Halliday on the north; also an annual rent of 10/- to be 
uplifted from the tenement of the deceased William Donaldson, 
lying at the head of the said burgh between the tenement of the 
deceased Cuthbert Maxwell on the west and the tenement of Patrick 
Scherp on the east; likewise an annual rent of 6/8d. to be uplifted 
from the tenement of Robert Speirman lying in the Lochmabanegait 
between the tenement of the deceased Herbert Makbrair on the east 
and the tenement of Herbert Fischere on the west ; likewise an annual 
rent of 8/- to be uplifted from the tenement of Sir Finlay Makgil- 
hauch, chaplain, between the tenement of John How on the south 
and the tenement of Sir Elisha Wilson, chaplain, on the north; also 
an annual rent of 4/- to be uplifted from a barn and garden 
belonging to the said Sir Finlay near the Mildam between the lands 
of the said Sir Elisha on the north and a garden of the deceased 
Robert Nelesone on the south; likewise an annual rent of 12/- to be 
uplifted from the tenement of John Steill lying between the Mildam 
on the north and the Clerkhill on the south; also an annual rent of 
10/- to be uplifted from the tenement of the deceased Peter Sluman 
lying beside the Chapel of the Virgin Mary of the Willeis on the 
south thereof, between the tenement of Sir Donald Joffrasoun on the 
east and the Water of Nith on the west; likewise an annual rent of 
6/8d. to be uplifted from an acre of land with pertinents commonly 
called the Crukit Akir lying at the south end of the said town 
between the road leading by the Pikit Corse on the east and the 
Water of Nith on the West; also an annual rent of 6/8d. to be 
uplifted from the tenement of John Heuchane; likewise an annual 
rent of 6/8d. to be uplifted from the tenement of Andrew Millare; 
also an annual rent of 6/8d. to be uplifted from a tenement or barn 
of Thomas Makhome; which three tenements are contiguous lying 
together in the Lochmabanegait on the north side thereof between 
the tenement of the deceased John Forrester on the west and the 
Yardheads road on the east ; also an annual rent of 5/- to be uplifted 
from " my " garden lying in the Yardheads between the garden of 
John Lorymare on the north and the garden of the deceased 
Archibald Nelesone on the south; likewise an annual rent of 5/- to 
be uplifted from the half of the lands of Lordebum; as also he 



21—22 APPENDIX A. 233 

gives and grants an annual rent of i3/4d. to be uplifted from his 
own tenement aforesaid lying in the Mydraw for an anniversary to 
be celebrated yearly in the said parish church with twenty priests, 
placebo, dirge, and requiem mass on the day of his death for his 
soul and the soul of his spouse for which each of the said priests 
shall receive eight pence: TO BE HELD [etc. as in No. 19]. The 
charter is dated at Dumfries loth October, 15 10; witnesses. Sir John 
Walker, rector of Luse, David Welch, John Lorymere, George 
Amuligane, burgesses of Dumfries, Thomas Cunynghame and David 
Cunynghame, " my " sons, and Sir John Turner, notary public. From 
the Royal Charter of Confirmation dated at Edinburgh, 24th 
October, 15 10. (Reg. Mag. Sig. I.ib. 16, No. 69, and printed in 
R.M.S. 1424-1513, 3513). 

No. 22. — Excerpt from Crown Charter of Confirmation, dated 
at Dumfries 6th November, 1529, of Charter of Mortification by 
John Logane, vicar of Kowen, to the parish church of Sanquhar, 
dated at Dumfries, ist March, 1519. 

" Totas et integras terras meas et tenementa mea de lie 

Newtoun et subscripta cum pertinentiis jacentes in burgo de Drumfres 
in vico tendente a porta Fratrum Minorum ad pontem et aquam de 
Nyth ex parte australi ejusdem vici videlicet totas et integras terras 
meas et tenementa mea cum pertinentiis de lie Newtoun jacentes inter 
tenementum et terram Willielmi Bryse ex parte orienta.li et 
tenementum et terram quondam Thome Scharproo ex parte occi- 
dentali, necnon totas et integras terras meas et tenementa mea de 
lie Newtoun cum pertinentiis jacentes inter dictam terram et 
tenementum prefati quondam Thome Scharproo ex parte orientali 
et terram et tenementum Stephani Philp ex occidentali parte, necnon 
totas et integras terras meas et tenementa mea de lie Newtoun cum 
pertinentiis jacentes inter dictam terram et tenementum ipsius 
Stephani Philp ex orientali parte et aquam de Nyth ex occidentali 
parte, ac etiam unum meum annuum redditum viginti solidorum 
usualis monete Scotie annuatim exeuntium et levandorum de totis 
et integris dictis terra et tenemento predicti Willielmi Bryse 
jacentibus in lie Newtoun ex australi vici regii inter vicum exten- 
dentem a porta Fratrum Minorum sub ortis ad capellam beate Marie 
de Willeis et ad lie Mylburn ex parte orientali vocatum lie Galloway 
gait et terram et tenementum de lie Newtoun in quibus habitant 
Johannes Stodart ex occidentali parte et terram et orrea David 



234 APPENDIX A. 22 

Cunynghame et quondam David Welche ab altera parte ad festa 
Penthecostes et Sancti Martini in hieme per equales portiones, necnon 
unum meum annuum redditum viginti eolidorum dicte monete 
annuatim exeuntium et levandorum ad predicta festa equaliter de 
dictis terra et tenemento ipsius quondam Thome Scharproo ante et 
retro cum pertinentiis jacentibus in lie Newtoun inter terram et 
domum quam Johannes Byrkmyre occupat in fabrica ex parte 
orientaH et terram sive tenementum meum in quibus quondam David 
Welch tenuit fabricam ex parte occidentali, ac etiam unum annuum 
redditum quatuordecim solidorum dicte monete annuatim exeuntium 
et levandorum ad predicta festa equaliter de totis et integris dictis 
terra et tenemento dicti Stephani Philp cum pertinentiis jacentibus 
in lie Newtoun inter terram meam et tenementum in quibus quondam 
Robertus Padzen habitabat ex parte orientali et terram meam et 
tenementum in quibus Johannes Amuligane de presenti habitat, 
jacentibus in lie Newtoun ex parte occidentali, necnon unum meum 
annuum redditum quinque solidorum dicte monete annuatim 
exeuntium et levandorum ad prescripta festa equaliter de toto et 
integro dictis orreo et terra David Cunynghame antedicti ibidem in 
lie Newtoun marchian. cum tenemento dicti Willelmi Bryse. Ac 
etiam unum meum annuum redditum quinque solidorum dicte 
monete annuatim exeuntium et levandorum ad prescripta festa 
equaliter de totis et integris terra et orreo Johannis Caruthers con- 
tigue coadjacentibus dicto orreo ipsius David Cunynghame in lie 
Newtoun hede et Galloway gait retro dictum tenementum prefati 
Willelmi Bryse. Que omnes et singule terre mee et tenementa mea de 
lie Newtoun cum pertinentiis, necnon terre tenementa et orrea cum 
pertinentiis in lie Newtoun de quibus predicti mei annui redditus 
debentuh et levandi sunt annuatim coadjacent contigue in dicto 
burgo de Drumfres in dicto vico regio tendente a porta Fratrum 
Minorum ad aquam et pontem de Nyth vocat' lie Newtoun ex parte 
australi dicti vici regii et dictum vicum sub ortis vocat' lie Galloway 
(sic) ex parte orientali et aquam de Nyth ex parte occidentali et 
terras dicti quondam David Welch ab australia parte, necnon totum 
et integrum illud tenementum ante et retro cum pertinentiis jacens 
in dicto burgo in lie Freir Vennelhede ex parte boreali ejusdem inter 
tenementum et magnam domum lapideam Roberti Edgar ex parte 
orientali et aliud tenementum meum marchiando cum cimiterio 
dictorum Fratrum Minorum ex parte occidentali, ac etiam unum 
redditum viginti solidorum dicte monete annuatim exeuntium et 



22—23 APPENDIX A. 235 

levandorum ad prescripta festa Penthecostes et Sancti Martini in 
hieme per equales portiones de toto et integro predicto tenemento meo 
jacente in lie Freir Vennel marchiando cum cimiterio dictorum 
Fratrum Minorum ex occidentali parte et dictum aliud meum 
tenementum contigue coadjacens in lie Freir Vennelheid ex parte 
orientali cum suis pertinentiis et utraque mea predicta tenementa 
extendunt ad vicum regium de lie Freir Vennell in fronte et in cauda 
ad terras predictorum Fratrum, necnon illam meam toftam et tres 
lie liegis terrarum mearum cum pertinentiis jacentes infra territorium 
ville de Sanquhare pro mansione dicti capellani et suorum succes- 
sorum. Tenendas," etc. 

[The rest of this grant, which consists of an annual rent of 4/-S to 
the chaplain of the chapel of William Hawissoun from the 
Newtoun property, and 5 merks to the Greyfriars from the Friars 
Vennel property, is given by Moir Bryce, ii. 103]. 

(Reg. Mag. Sig. Vol. 26, No. 34, printed in R.M.S. 1513-46, 
No. 862). 

No. 23. — 26 March, 1532. Instrument of sasine at the hand of 
Thomas Connelsoune, N.P., and presbyter of the diocese of Glasgow, 
narrating that Herbert Cunynghame burgess of Drumfress nephew 
(nepos) and heir of the late William Cunynghame burgess of 
Drumfress proceeded to six roods of his lands called Crul^itakyr 
lying in the territory of the burgh, between the common way coming 
from the chapel of St. Mary the Virgin of Casteldikis on the east 
and the common passage between (infra) the said lands and the 
water of Nytht on the west, and there resigned all his right and 
claim to the said six roods called the Hole akyr into the hands of a 
prudent man David Newale bailie of the said burgh in favour of 
Archibald Maxwell burgess of Dumfries son of Robert Maxwell, 
and his heirs; the said Archibald paying annually therefrom to the 
chaplain ministering at the altar of the Lords Blood in the parish 
church of Dumfries 7/- and 4d. annual rent at Whitsunday and 
Martimas. Done on the ground of the said lands at two o'clock 
afternoon. 

Wit: John Carlile, Adam Stele, Cuthbert McMannande and 
Schir Elise Wilsone chaplain. 

(Original in possession of George Neilson, Esq., LL.D.) 



236 APPENDIX A. 24—25 

No. 24.— 10 Oct. 1549. Instrument of resignation and sasine at 
the hand of Herbert Cunynghame, Notary Public, by James Gluuer, 
burgess of Dumfries as heir of his brother William, burgess of the 
said Burgh, into the hands of bailie David Cunynghame, of a tene- 
ment lying in the Milgait of Dumfreis between the tenement of the 
late Nicholas Makmannide on the north and the tenement of 
Kentigern Saidlar on the south, the common passage to the mill 
of the said Burgh on the east, and the common highway to the parish 
kirk on the west. Also, of a barn lying at the head of the yairds 
between the barn of James Scharpis on the south, the barn of 
Herbert Scott in the hands of Ninian Jarding on the north, the yaird 
of Patrick Edzar on the west, and the way extending from Loch- 
mabengait to the Port at the head of the Toun on the east. Sasine 
given to the said James Gluuer and his spouse Mariot Blackstok. 
Done on the ground of the said tenement. 

Witnesses — John Gluuer, William McCliente, and Martin 
Blackstok burgesses. (Liv. 1467.) 

No. 25. — 4 February, 1551. Registration of Contract dated at 
Edinburgh, 3rd February, 155 1, narrating that Sir John Maxwell of 
Terregles, knight, when he was a clerk, had a pension of 400 merks 
from the fruits of the Abbey of Coldingham, with power to transfer 
the same, and that he did transfer it to Sir John Brise, vicar of 
Drumtries, who now seeks three years' pension from Lord John, 
commendator of Coldingham, and has raised action against him for 
the same. He refuses to pay and has appealed; yet to save labour 
and expense, it has been agreed between Mr. Thomas Barclay, 
parson of Navan, Mr. Hercules Barclay, parson of Cannisbe, and 
Mr. James McGill, burgess of Edinburgh, for the said Lord John, 
and the said Sir John Brise, vicar of Dumfries, and pensionary of 
Coldingham, that the said Sir John Brise shall renounce the said 
pension in favour of the said commendator, and give up to him also 
the bulls and processes obtained by the said Sir John Maxwell and 
appoint procurators to appear in the court of Rome to consent to 
the extinction of the said pension, and the said John Maxwell is also 
to renounce all right he has in the said pension except so much as 
Sir George Douglas is acted in the Official of Lothian's books to pay 
to him; and for this Sir John Brise is to be paid 1,400 merks by 
the said commendator and his factors, viz., 400 merks at the making 



25—27 APPENDIX A. 237 

hereof and 1,000 before Lammas next. And because the said priory 
of Coldingham has been wasted by the wars for some years past and 
much of the place and kirk burned and destroyed, and that in a 
provincial council lately held at Edinburgh, the fourth part of the 
fruits of the said priory are assigned for the reparation of the same 
and the brethren are to be increased so that the said commendator 
is not in a condition to redeem the said pension, it is 
further agreed between Robert, Bishop of Orkney, and the 
said commendator, who has a yearly pension from the 
fruits of the Bishopric of Orkney of 800 merks, that the 
said Robert, Bishop of Orkney, shall pay to Sir John Brise 
the foresaid 1,400 merks, the details of which arrangement are 
given. The witnesses are Thomas Menzies of Pitfoddels, Mr. John 
Thornton, chantor of Moray, Mr. David Bonar, parson of Strabrok, 
William Gib, and Mr. James Skeyn, notary. And further the said 
Sir John Brise makes the foresaid Sir John Maxwell of Terregles, 
knight, his assignee to the said sum of 1,400 merks, and is content 
that the said Robert, Bishop of Orkney, shall pay the same to him; 
and the said Bishop has accordingly presently paid to the said Sir 
John Maxwell, 400 merks and obliges himself to pay the other 1,000 
merks in due course, and also undertakes to relieve his cautioners. 
(Acts and Decreets, vol. 6, f., 1 19.) 

No. 26. — 6 Aug. 1554. Instrument of Resignation and sasine, 
at the hand of Herbert Cunyngham, notary public, whereby John 
McCowill, burgess of Dumfries, resigned into the hands of Amerus 
Maxwell baillie an annual rent of 14/- in favour of Martin Edzar 
burgess — which rent arose from a tenement of the late Christopher 
Howchane, now in the hands of William Kellok skinner burgess, 
lying in the street called Lochmabengait, between the lands of 
Herbert Ranyng on the east, the lands of John Lawson on the west, 
the common way leading out to the port of the said street on the 
north, and the way below the yairds (sub ortis) on the south. Done 
in the close of the said tenement. 

Witnesses : — Heleus Crew ( ? Trew), schir John Sinclair, William 
Kelloch, and William Makculloch serjeand. (Liv. 1627). 

No. 2;.— 29 June, 1561. The Rentall of the Annuell Rents of 
Howesoun rent with utheris renttis collectit and upliftit be Schir 



238 APPENDIX A. 27 

Johne Sinclar, sumtyme ministrand of the service callit Sanct Niniane 
Service in the parroch kirk of Drumfres, gevin in befoir the Counsal 
of the said burght be the said Schir Johne, penultimo Junii anno 
dom. 1 561 and registrat (at the hand of Herbert Cunynghame N.P.). 

Item. In the first, of ane land and ane tenement of the 
umquhile Thomas McHadis heretabiHe perteinand to Petir Rig, 
lyand in the said burgh betwix ane land of John Wythman on the 
north part and ane land of Herbert Rayning on the south part, as 
it lies in lenth and breadth with the pertinentis; of yearly rent the 
soum of fourtie schillingis monie of Scotland at the feistis of 
Whitsonday and Martinmas in winter be equal portions. 

Item. Of ane land and tenement in Lochmabengait sumtyme 

Christiane Hamyltounis, now heritably perteinand to , Hand 

betwix Symon Ramsays land on the west part, John Carrutheris 
on the eist part; of annualrent zeirly to be payit thairof at Mar- 
tynmes and Witsonday the sum of 6/-8d. 

Item. Of ane land and tenement of umquhile John Zous now 
in the handis of Thomas Paterson, lyand on the north syde of 
Lochmabengait betwixt the lands of Schir Patric Wallace on the 
west part and the lands of umquhile William Elwands on the west 
part and on the eist; of annual rent zeirly of the sum of 6/-8d. at 
the terms forement. 

Item. Of a tenement and land of umquhile John Wrychtis, 
now heritably perteining to Robert Davidson, Hand in the Loch- 
mabengait betwix William Lawsonis land on the west and north 
parts, and Schir John Baties on the eist part, the streit on the south 
part; of the zeirly annualrent at the terms abovewritten the sum 
of 6/-8d. 

Item of a barne in the Tounheid heritably pertaining to 
David Cunynghame, betwix ane barne of Amer Maxwell on the 
west part and ane utheir barne of Robert Mackynnell; of annual- 
rent 6/-8d. 

Item ane haill land, stane biggin and foir tenement in the 
handis of James Rig, betwix John Rawlings foirland Jind James 
Kelloks foreland on the north and south parts of the samyn; yearly 
annualrent at terms abovewritten, 5 merks monie. 

Item of twa zerd Hand on the west pairt of Rassell Dub, 
betwix the landis of Thomas Makbrair on the south part and the 



27 APPENDIX A. 239 

land of umquhile Herbert Gledstanis on the north part; of annual- 
rent zeirly of thai twa 2/-6d. zeirly. 

Item of twa ruids of land Hand on the south side of Sinclar 
Vennell and at the eist syde of the Liggzet Slappe, ane of thaim 
occupyit bie Johne Carrutheris and ane uther occupiet be Johne 
Corsane burgess of Drumfreis; of annualrent zeirly at twa usual 
termes in the zeir abovewritten twa schillings monie abovewritten. 

Item. James Newals place, land and tenement, Hand in Kirk- 
gait, betwixt the lands of and the lands of payand 

of annualrent zeirly 6/-8d. 

Item of ane land and tenement of umquhile Schir Archibald 
Knychtis now occupied by Katherine Knycht on the eist part of 
the Chapel of the Willies; of annualrent zeirly at twa usual termis 
viz Whitsonday and Martymas 18 pennies monie abovewritten. 

Item of ane land and tenement of umquhile Adro Newlandis 

now Mungo Newlandis, on the south part of pertainand to 

the Hie Streit, of annualrent zeirly at twa usual termis in the zeir 
abovewritten 4/-S scots. 

Item of ane land and tenement of the Kirkmasters 

quhilkis he occupies himself, on the west part of John Veils, exten- 
dand betwix the Myllburn and the Queinis Streit; zeirlie of annual- 
rent 3/-S scots. 

Item of ane kyll of umquhile Archibald Maxwell, on the 

eist syde of with zairds and pertinents, payand zeirlie 

1 2d. 

Item ane land and tenement in the Mylhoill now in the handis 
of Arthur Morison and Will Kellok, 4/-S. 

Item ane land and tenement on the Scheriff-greyne, now George 
MaxwelHs and John Harstanis, 4/-S. 

Item ane land and tenement of John Lorimars on the north 
part of Amer Maxwells; of annualrent io/-s. ; with the haill syde 
of Frier Vennell on the south part thairof; of annualrent zeirlie 
4/-S. 

Item ane bame of David Cunynghame on the north part of 
Amer Maxwells, 6/8d.; with Pate Edzer's place ... on the sowth 
of Lare Fergussons zaird, of annualrent 2/-S. 

Item of ane place of umquhile Schir William Scharpro next 
that samyn on the south part, 8/-s. 

Item of ane land and tenement of umquhile Geo. Carrutheris 
now of John Newal in the Lochmabengait, 4/-S. 



240 APPENDIX A. 27—28 

Item to sing in the queir to collect of the commonguds of the 
burgh, zeirlie 40 pence. 

Of the rent of the Tolbooth, callit Howesoun rent, zeirlie 8/-s. 

The annuel 1 rentts sumtyme perteinand to the Maister of the 
Ruid Service in Drumfreis. 

Item, of ane land and tenement of James Glover, i3/4d. 

Item of ane land and tenement of Thomas Hairstanis in Loch- 
mabengait, 6/8d. 

Item of ane land and tenement of Walter Grey in Myllgait, 
6/-S. 

Item of ane lymehoill in Myllhoill . . . now William Kelloks, 
1 2d. 

Item of Michael Baties land and tenement quhilk lyes on the 
north part of John Cunynghames land, I4d. 

Item of ane land and tenement on the north syde of John 
McClarnis in Myllgait, sett to John Greyrson, zeirlie i/-s. 

Ex deliberatione Magistri Villelmi Turner olim ministran. diet, 
servi. 

(Original in the Town Charters). 

No. 28.-28 July, 1564. CHARTER by Mr. John Hepbume, 
parson of Dairy and canon of Glasgow, rector of Morbottle and 
archdeacon of Teviotdale, to Patrick Newall, burgess of Dumfries, 
in liferent, and James Newall, his son, and the lawful heirs male 
of his body, whom failing the heirs and assignees whomsoever of 
the said Patrick, of the Archdean's croft lying in the territory of 
the burgh of Dumfries and parish thereof; to be held in feufarm 
for payment of the annual duty of 4s. and also of I2d. in aug- 
mentation thereof with duplication of the duty at the entry of each 
heir. At Edinburgh, witnesses, Roger Gordoun in Haedland, Roger 
Dungalsoun, burgess of Edinburgh, Sir John Beir, prebendar of St. 
Giles Kirk of Edinburgh, and Sir Herbert Andersoun, vicar of 
Kilton, and notary." (Abbrev. Cart. Feu. Ter. Ecc. ii. f. 241). 

10. On 22 April, 1582, Patrick Newall arranged an escambion with Mr. 
Thomas Maxwell, of the Archdean's croft, for 6 ruids of vicarage lands then occu- 
pied by the said Patrick. The agreement was registered in the Commissary 
Court Books 13 Oct., 1583, and a charter followed, dated 7 Aug., 1584. (Reg. of 
Production of Charters of Kirklands.) 



29—3° APPENDIX A. 241 

No. 29. — 20 Dec. 1564. Transumpt made at the instance of 
John Maxwell of Conhaith, grandson (nevoy) and heir of the 
deceased Robert Maxwell of Conhaith, who produced an edict 
executed in the parish kirk of Dumfries for all concerned to see a 
transumpt made of a protocol by the deceased Sir John Tumour, 
notary, of instrument of sasine of the lOOs. land of old extent in 
the territory of the burgh of Dumfries with the moitt of the same, 
pendicles and pertinents thereof, given by George Maxwell as bailie 
for Robert, Lord Maxwell, to the said deceased Robert Maxwell 
of Conhaith, dated last February, 1535. The protocol is in Latin, 
and bears that on last February, 1535, in presence of the said notary 
George Maxwell as bailie of Robert, Lord Maxwell, gave to Robert 
Maxwell of Conhaith sasine of all and sundry the iocs, lands of 
old extent, with the moit and its pendicles and pertinents within 
the territory of the burgh of Dumfries, in terms of the charter con- 
taining precept of sasine granted by the said Robert, Lord Maxwell, 
to the said Robert Maxwell of Conhaith. Done at the Moit about 
I p.m. or thereby; witnesses, James Maxwell, John Maxwell, David 
Cunningham, John Martyne, Adam Maxwell, Sir John Olyver and 
Sir Thomas Connelsoun, notaries and chaplains, and Sir Richard 
Maxwell, chaplain. The transumpt was made by David Makgee, 
clerk of the Commissariot of Dumfries, notary, in the Freir Kirk 
of Dumfries, about 10 a.m.; witnesses, John Maxwell of the Hills, 
Edward Maxwell of Drumcoltrane, Mr. William Tumour, Sir Her- 
bert Makbrair, Sir Thomas Connelsone, Sir James Gledstain, James 
Ryg. Archibald Heris, and John Baty. (Liv. 1972. No. 1973 is 
the same document in effect, but wholly in Latin.) 

No. 30.— 18 Feb. 1567. CHARTER by Sir Mark Carrutheris, 
chaplain of the chaplainry of St. Nicholace within the parish kirk 
of Dumfries, with consent of Archibald McBrair, patron thereof, 

and his curators, John Maxwell of Cowhill to John 

Edgar, burgess of Dumfries, and his heirs and assignees whatsoever, 
of the tenement of land called Newwerk within the liberty of 
Dumfries, having the king's common streets on all sides thereof, 
east, west, south, and north; to be held of Sir Mark and his suc- 
cessors in the said chaplainry for payment of ;£'6 : 13 :4 Scots, yearly, 
which is an augmentation of the old rental by one raerk; and 
reserving to the said Sir Mark two chambers or two vaults lying on 
the foreside of the west port south of the said tenement beside the 



242 APPENDIX A. 30—32 

cross of Dumfries which he occupies, with free entrance and exit for 
his lifetime There is also a Precept of Sasine directed to Robert 
Greirsoun, brother german to the Laird of Lag, as bailie. At Dum- 
fries; witnesses,— Sir Herbert McBrair, chaplain, William Edgar, 
Within the Waters, Herbert Cuningham, notary, and Sir John 
Lauder, prebendary of Lincluden, notary. Also Instrument of 
Sasine thereupon under the subscription of Sir John Lauder, notary, 
dated 23 February, 1567; witnesses, Sir Herbert McBrair, chaplain, 
William Edgar, Within the Waters, and Gilbert Bek. (Abbrev. 
Cart. feu. ter. ecc, vol. i. f. 309). 

No. 31. — September, 1567. Letter of Reversion by William 
Cunnyngham, Johnnsone, burgess of Dumfries, to James Rig, 
provost, and Thomas Makmynneis and Robert Makkynnell, bailies 
of Dumfries, who, with consent of the secret council of the said 
burgh and procurators of the whole community and commonwealth 
of the same, convened for the purpose in the tolbooth, had disponed 
to him an annualrent of £1 Scots upliftable from a fore booth under 
the tolbooth, belonging to John Gillespie, burgess of Dumfries, that 
on receiving payment from them in the parish church of Dumfries 
of the sum of £},o Scots, he will renounce the said annualrent, forty 
days' warning being given to him or his heirs. Dated at Dumfries; 
witnesses, William Paterson, Robert Velsche, David Raa, Nicholl 
Martin, Andrew Batie, Andrew McBrwin, Thomas Newall, John 
Kirkpatrik, John Marchell, and William Batie, co-burgesses of 
Dumfries. (Signed) " William Cunygham v'. may hand propar." 
Seal wanting. 

(Original in Burgh Charter Chest.) 

No. 32. — 2 1 St November, 1567. Letter of Reversion by Thomas 
Makmynnes, burgess of Dumfries, to James Rig, provost, and 
Robert Makkynnell, bailie of Dumfries, who with consent of the 
secret council of the said burgh and procurators of the whole com- 
munity and commonwealth of the same, convened for the purpose 
in the tolbooth, had disponed to him an annualrent of ;^3 Scots 
upliftable from a fore booth under the tolbooth of Dumfries, be- 
longing to John Makcubyng, burgess thereof, that on receiving pay- 
ment from them of £10 Scots he will renounce and discharge the 
said annualrent, he or his heirs receiving forty days' warning thereof. 



32—35 APPENDIX A. 243 

Dated at Dumfries; witnesses, William Paterson, Robert Velsche, 
Nicholl Martin, Andrew Batie, Andrew McBrwin, Thomas Newall, 
John Kirkpatrik, John Marchell, David Raa, and William Batie, 
co-burgesses of Dumfries. Signed by the aid of a notary, Herbert 
Cuningham. The seal of the said Thomas Makmynnes is affixed, 
somewhat broken. It bears on a shield a saltire with an arrow 
fessways. 

(Original in Burgh Charter Chest). 

No. 33. — II. Feb. 1569. Instrument of resignation and sasine 
whereby James Maxwell in Priestlands, grandfather (sic) and heir 
of late James Maxwell in Traqueir, resigned to Patrick Newall 
baillie of Dumfries, 2 yairds or lands lying at the head of the 
yairds in the said burgh, — betwixt the land of the late John Frude 
at one time in the hands of Cristina Nicolsone, sometime spouse of 
James Kellok and now of John Irving, on the south part, the land 
of Herbert Cunynghame on the north and south parts, the lands of 
Lordburne on the east, the way passing by the barns to the north 
gate of the burgh on the west, with an annualrent of 6/- scots 
furth thereof. Sasine given to Hugh Cunnynghame and Jonet 
Maxwell, his spouse. 

Witnesses: James Andersone and John Makcurre. (Liv. 2173.) 

No. 34. — 20. Oct. 1576. Registration of Bond of Interdiction 
by John Halyday, elder burgess of Dumfries, whereby for certain 
causes and specially for certain sums of money paid to him and 
good deeds done to him by John Halyday, younger, his son, he 
obliges himself not to put away any of his houses, lands, annual 
rents or possessions, nor make dispositions of them without his con- 
sent, dated at Dumfries 14 Sept., 1576 witnesses, James Halyday, 
burgess of Dumfries, John Maxwell in Cavenis, Archibald Newall 
and James Hairstains. (Register of Deeds, vol. 15). 

No. 35. — 20 June, 1579. Feu charter by Archibald Makbriar 
provost, Robert Makynnell and Herbert Skaillis bailies, with the 
consent of the whole community of the burgh of Dumfries, in con- 
sideration of money paid to them and expended in building a 
prison for thieves and malefactors conform to the Act of the Privy 



244 APPENDIX A. 35— 36 

Council,— granting to James Browne and his heirs that northern 
shop or booth in the basement of the said prison beside the Newwork 
right under the inner condemned prison (betwixt the shops of John 
Neilsoun on the south, the Bakraw on the east and the High Street 
on the west). In feu for 40/- scots yearly, doubling the duty on 
the entry of heirs. Done in the Tolbooth. Witnesses, — Robert 
Raning, younger, John Merchell, younger, Mathew Dickson, 
Treasurer of the burgh, James Wallace, Andrew Cunynghame, 
William Irving, Thomas Baty, and the remanent persons of the 
Council of the said burgh. 

Signed personally by the Provost and Master Richard Maxwell, 
notary public. (Liv. 2520). 



No. 36. — 28. Nov. 1579. Decreet at the instance of John 
Frude, advocate, son and heir of the deceased Thomas Frude, 
burgess of Dumfries, against Janet and Margaret Rawling and 
Robert Edgar, spouse to the said Janet, and Clement Edgar, spouse 
to the said Margaret, the said Janet and Margaret being daughters 
and heirs apparent of the deceased David Rawling, Agnes Raa, 
spouse to the said late Thomas Frude, Marion Cuningham, spouse 
to the deceased John Ramsay, Alexander Ramsay, his son, Andrew 
Cunningham, burgess of Dumfries, John Thomesoun and all others 
having interest, narrating that on 29 April, 1545, the said deceased 
John Ramsay and Marion Cunningham, his spouse, resigned their 
foir and owir tenement and ane bouthe thereof beside the yet of 
the enteres of the said tenement, and the hall between the foirstane 
house and the hall where the said deceased John Ramsay then 
dwelt, in favour of the complainer's father and the said Agnes Raa, 
his mother, and their heirs ; after which resignation George Maxwell, 
bailie of the said burgh, who received the same, gave sasine thereof 
as above, a protocol of which was taken by Sir Thomas Connelsoun, 
notary, of which the complainer must have a copy, and he therefore 
requires a transumpt from his book which the Lords ordain to be 
made to him. The Latin protocol is conform to what is above, and 
gives no further details. The witnesses were Halbert Cunningham, 
John Maxwell of Dundie, Halbert Walker, Robert Walker, James 
Kirkpatrick, and Archibald Welsche. (Register of Deeds, vol. 17). 



37 APPENDIX A. 245 

No. 37.— 16 June, 1582. ACTION at the instance of John 
Halyday, burgess of Dumfries, as patron, and John Halyday, writer 
burgess of Dumfries, his son, as chaplain of St. Andrew the Apostle 
in the kirk of Dumfries, against Andrew Cuninghame, Mungo 
Hochane, Andrew Hochane and others having interest in two 
tenements of land in the burgh of Dumfries, one on the 
south side and the other on the north side of Lochma- 
bengait, which were granted to the said chaplainry by Sir 
David Wallace, chaplain. Sir Thomas Conelstoun, who was 
notary to the infeftment thereon, is dead, and the pursuers require 
to have the Instrument of Sasine recorded in his protocol transumed. 
This protocol book the said Andrew Cunningham had, and has 
fraudfully put away. He is therefore summoned by the Lords 
of Session to produce the same. This he does by Mr. William 
Hart, his procurator, and the other parties called not compearing, 
the Lords ordain a transumpt to be made as desired. It is to the 
following effect. It is to be remembered that on 27 July, 1543, 
Amerus Maxwell, bailie of Dumfries, went to two tenements of the 
deceased John Wallace, lying in Lochmabengait, one on the west 
(sic) side, and the other on the north side thereof, and gave sasine 
of the said two tenements to William Wallace, chaplain, son and 
heir of the said deceased John Wallace; and that shortly thereafter 
the said William Wallace renounced his whole right in the said 
tenements in favour of Sir David Wallace, chaplain of St. Andrew 
the Apostle founded in the parish church of Dumfries, and his 
successors in the said chaplainry, but reserving the liferent thereof 
to himself. Sir Patrick Wallace, chaplain, his brother, and Mariota 
Forestar, their mother, whereupon the said bailie gave sasine of the 
said two tenements to the said Sir David Wallace and his suc- 
cessors; whereupon the said Sir David resigned an annual rent of 
i3/4d. from the tenement of William Blyth, another of 4s. from 
the tenement of the deceased John McMaster, and also one of 23s. 
from the tenement of John Ra, in favour of the said Sir William, 
and failing him the said Sir Patrick, to whom sasine was accordingly 
given : He also resigned an annual rent of 28s. from the tenement 
of William Thomson, and an annual rent of i3/4d. from the tene- 
ment of the deceased Adam Wallace in their favour, of which like- 
wise sasine was duly given, but he reserved the liferent of the same. 
This was done about 2 p.m. at the said tenements; witnesses, John 
Baty, Thomas Corsane, and John Logan. (Reg. Deeds, vol. xx., 
part 2, f. 67.) 



246 APPENDIX A. 38—40 

No. 38.— I May. 1583. Instrument of sasine at the hand of 
Herbert Cunynghame, N.P., narating the resignation by Robert 
Newall, burgess of Dumfries, and Catherine Cunynghame his 
spouse, of a yaird or croft of land in the burgh on the east side of 
the burgh in the yairdheads— betwixt the yaird of James Frude and 
Agnes Ranyng on the north, the Lordburne on the east, the yaird of 
James Lindsay of Barcloy on the south, and the passage betwixt 
the yairdheads and the bams of the said burgh, from the Loch- 
mabengait to the east port of the burgh called the Tounheid-port, 
on the west— with a waste barn at the west end thereof, and an 
annual rent of 12 shillings therefrom, into the hands of Robert 
Makynnell, one of the baillies of the burgh, in favour of William 
Steill, burgess, and Jonet Maxwell his spouse. Witnesses : Andrew 
Cunynghame, William McKynnell, Thomas Johnnestoun, Herbert 
Cunynghame, Thomas Kyd, and John Skrimgeour, and Arthur Tod 
Sergeants. (Liv. 2661). 

No. 39. — I Dec. 1587. — Contract of marriage betwixt Robert 
Raa, son and heir of the late David Raa, burgess of Dumfries, with 
the consent of Helen Edgar his mother, on the one part, — and John 
Batie, burgess of Dumfries, Helen Kirkpatrick his spouse, and 
Thomas Batie, their eldest son, taking burden for Jonet Batie, their 
daughter, on the other part. Robert Raa obliges himself to marry 
Jonet Batie before Fastem's Even next, and endow her with body 
and goods as in duty became him. Tocher 515 merks scots in 
specified installments. John Batie and his spouse to sustain the 
future spouses at board for two years after marriage, whenever they 
be pleased to receive the same, and to set out Jonet honestly in 
clothes and otherwise according to her degree. In recompence 
whereof the said Robert Raa is to infeft Jonet and her heirs in the 
south half of his tenement in Dumfries, and in his booth under fhee- 
Tolbooth of the said burgh, and that in Jonet's pure virginity before 
the completion of the marriage. To be rggfiiistered in the B u r gh— 
iZourt-e-f Commissary Books. 

Witnessed : — Herbert Cunyngham saddler and Herbert 
Cunyngham, notary. (Liv. 2937). 

No. 40.-9 April, 1588. Contract between Sir Robert Maxwell 
of Spotts, and John Lytill in Annan, sister's son of the late David 



40—41 APPENDIX A. 247 

Rae, burgess of Dumfries, and heir to the said David, and to the late 
Robert Rae, his son, with consent of Helen Macartney and James 
Maxwell, her spouse, for their interest. The said Robert Raa having 
before his death given over his rights to the undermentioned land 
to Sir Robert Maxwell of Spotts, it was agreed that John Lytill 
should take up his title as heir to the said Robert and David Rae 
in the tenement of land back and fore, with the yaird and barn 
thereof in Dumfries, betwixt the tenement of Simon Johneston on 

the north, the tenement of John Johneston, called the , on 

the south, and the common streets of the burgh on the east and the 
west : As also an annualrent from the lands of Crustanis in the 
barony of Drumsleit; and when infeft the said John Lytill should 
resign them in favour of Sir Robert Maxwell without reversion. John 
Lytill also undertakes not to alienate them in the meantime. Sir 
Robert Maxwell to pay 240 merks scots within 40 days, and all John 
Lytill's expenses of service. Contract to be registered in the books 
of the Commissary Court. 

Witnesses : Patrick Makclellen, brother of the laird of Gels- 
toun, John Maxwell son of the late John Maxwell in Logauie, 
Edward Maxwell, brother of the laird of Munreith, Edward 
Henrisoun, Herbert Hendersoun, and John Corsane. (Liv. 2954). 

No. 41. — 30 Sept. 1592. James by the Grace of God, King of 
Scottis, to all and sundrie our liegis and subjects quaom 
offeiris quhais knawlege thir sure letters sal cum, greeting. 
Wit Ye We, understanding that oure burgh of Drumfreis 
hes bot ane fair yeirlie within the freedom of the samin, viz. 
ane (?) day being the middis of harvist whairby the 
inhabitants of oure said burgh and oure liegis dwelland in the 
cuntrie about may nocht at that tyme, being occupeit in wynning 
and schering of thair comes, be laiserit to sell or buy thair mer- 
chandice and wairis necessar for thaim and thairby they are 
gretumlie hurt and dampnefeit quhilk we are of deliberat mynd to 
repair to thair weill and comoditie. Thairfore and for the gude and 
trew and thankfull service done to us and oure maist nobill prede- 
cessouris of worthie memorie by the Provost, baillies, counsall and 
comunitie of oure said burgh of Drumfreis, and to gif thaim 
occasioun to continue thairin : To Have given and grantit and by 
this oure letters gevis and grantis speciall license libertie and power 
to the Provost baillies counsall and comunitie present and to cum, 



248 APPENDIX A. 41—42 

of oure said burgh, To have and hold yeirlie within the freedom of 
oure said burgh, twa frie fairis tweiss in the yeir (by and attour the 
fair foirsaid) viz. the ane of thame the first day of Februr callit 
Candlemas day, and the uther the first day of July in summer, with 
full power and privilege to oure saidis Provost, baillies counsall and 
comunitie and thair successouris To hold mercattis at ather of the 
saidis fairis for the space of aucht dayis, intromet with, gaddir, 
uplift and apply the customes thairof for intertenement of oure said 
burgh, and gif neid beis to poind and distrenzie, thairfoir actis 
statutis and proclamationes for keiping of guide ordoure and rewle 
during the tyme of the saidis fairis to mak and conclude the samyn 
dew executioun, caus be put the unlawis and amerciamentis thairof, 
to intromit with, uptake, use, and dispone thairupon at thair plesoure 
in all tymis cumming, with all and sundrie utheris comoditeis free- 
domes profeittis and richteous pertinentis quhatsumever perteining 
thairto, or that richteouslie may pertein thairto. Also freilie as ony 
frie fairis of quhatsumever uther burgh within oure realme broikis 
and possessis bot ony revocatioun, obstacle, impediment or agane 
calling quhatsumever. 

Given under oure Privy Seill at Halieruidhous, the last day of 
November, the yeir of God 1592, and of oure reign the twentie saix 
yeir. 

(Original in Burgh Charter Chest). 

No. 42. — I August, 1600. Instrument of sasine at the hands of 
Cuthbert Cunyngham N.P. and one of the clerks of the burgh court 
of Dumfries and Robert Cunyngham joint notaries, narrating that 
James Newall, one of the bailies of Dumfries, compeared before 
the said notaries, holding in his hands a charter granted by the 
provost and council of the burgh, viz., by Lord William Hereis 
provost, Roger Kirkpatrick, John Corsane, and the said James Newall 
bailies, Adam Walker dean, Robert Richardson treasurer, Herbert 
Birkmyir custodian of the Brig, Cuthbert Cunyngham, David 
Walkar, and John Rig, " procuratores pro republica" Herbert Ranyng 
John Marschall, William Irving, Cuthbert Broun, Robert Edzar, 
Thomas Hanyng, Mathew Dickson, John Schortrig, James Coipland, 
Adam Corsane, William Schortrig, John Gibsone, Francis Irving, 
George Rig, John Mundell, John Neilsoun, deacon of the tailors, 
William Makwir deacon of the curriers, Andrew Hocham deacon of 



42—43 APPENDIX A. 249 

the skinners, John Jonstoun councillor for the smiths, and George 
Wellis deacon of the saddlers (laniorum) " seu artiunt visitores," 
councillors of the said burgh, containing a precept of sasine under 
the common seal of the burgh, written by John Makghie, N.P., dated 
30 July, 1600, and witnessed by John Maxwell messenger, William 
Williamson and Robert Cunyngham burgesses, John Newall, John 
Cunyngham and Malcolm Makynnell Serjeants and the said John 
Makghie, and signed by Hereis and the said councillors (ten of whom 
could not write) directed to the said bailies to give sasine to Herbert 
Cunyngham, notary burgess and common clerk of the burgh and his 
heirs, etc., of all and haill those common lands of the burgh called 
"lie Barcarland myiris," within the territory of the burgh, which lands 
are now occupied by John Corsane, James Rig, and other tenants as 
contained at more length in the said charter : And that the said 
James Newall gave sasine in feu perpetual to the said Herbert. Done 
on the grounds of the said lands at 10 o'clock a.m. 

Wit : — Herbert Ranyng, John Merschell, George Rig, John 
Gibson, David Walker, burgesses and councillors, Andrew Cunyng- 
ham, Robert Cunyngham, burgesses, Thomas Ranyng, John Ranyng 
son of the said Herbert, Robert Batie, Robert Cunyngham notary, 
and John Cunyngham serjeant. 

(Original in the burgh charter chest.) 

No. 43. — 18 May, 1605. Instrument of resignation written by 
John McKinnell and attested by Robert Maxwell, N.P., and Mr. 
Herbert Gledstanes, N.P., narrating that Herbert Cunyngham, notar 
and burrow clerk of Drumfreis, appeared on the grounds of the 
Barcarland myres in presence of Roger Kirkpatrick, and Adam 
Corsane, bailies of the burgh for the time, and Francis Irving 
treasurer, in virtue of a contract and escambion between William Lord 
Hereis provost and the town council (as in no. 42) on the one part 
and the said Herbert, with consent of Andro Cunyngham his father 
and Agnes Cunyngham his mother on the other part, whereby the 
council disponed by way of escambion upon the reversion therein 
contained, to the said Herbert the aforesaid lands in return for the 
said Herberts 3 parts of his great tenement within the Midraw of the 
burgh with the little yard adjacent thereto marching betwixt the 
Kings street and the fleschestokis on the south and east parts, the 
4th part of the said tenement on the west, and the lands of George 



250 APPENDIX A. 43—45 

Rig and Alexander Ellame on the north, disponed by the said Her- 
bert to the council by contract dated 30 July, 1600, and registered 
in the books of Council and Session on 28 Dec, 1601 ; and whereas 
the said bailies had paid to the said Herbert diverse greit sums of 
money, and had reinfeft him in the 3 parts which he owned before 
the said escambion, therefore he resigns the said lands of Barcarlands 
myres thus lawfully redeemed from him and his heirs in favour of 
the said Provost and town council. Wit : — Thomas Ranyng, 
Herbert Dicksone maltman, Thomas MakBurnie, and James Cunyng- 
ham brother of the said Herbert, all burgesses of Drumfreis. 

(Original in the Town Charter chest.) 



No. 44. — 16 Sept. 1686. For the Provost and Baylies of the 
Burgh of Dumfreise or any of them to whom this shall be first 
addressed. To be communicat to the Toun Council thereof. In 
haste. 

Affectionate friends. 

Whereas his Sacred Majestic hes by royall letter, dated at the 
Court of Windsor the 12th day of September instant, signified that 
all elections in royall burrows be suspended untill his royall pleasure 
be known thereanent, you are therefore in pursuance thereof hereby 
expresslie prohibited and discharged, as you will answer at your 
perril. To elect any new Magistrats or Counsall within your Burgh 
for this year. And you and the present Counsall are by his 
Majesties authoritie hereby authorised to continue and exerce as 
Magistrats and Counsall untill his Majestic shall signifie his further 
pleasure. 

Signed at command and in name of his Majesties Privy Counsall 
At Edinburgh i6th Sept., 1686. 

your affection at friend, 

PERTH. CANCELL. 

(Original in Burgh Charter Chest). 



No. 45.— Edinburgh, 16 Dec. 1686. Forasmuch as the Kings 
most exellent Majestic by a letter direct under the Royal hand dated 
at Whitehall the 26th day of November last by past, to the Privy 
Council 1 of this his ancient Kingdome, Resolved that the persons 



45—46 APPENDIX A. 251 

underwritten should be nominat and appointed Magistrals and other 
Councillops for the Burgh of Dumfreise, as being such whom his 
Majestic judges most loyall and ready to promote his Royall Service 
and most forward to support the good and interest of the said 
Burgh. Therefore, the Lords of his Majesties Privy Councill in 
pursuance of his Majesties commands aforesaid Do hereby nominat 
and appoint John Maxwell of Barncleugh to be Provost of the said 
Burgh of Dumfreise, John Irving, son to the deceased John Irving 
lait Provost there, to be baillie in place of baillie Fingass deceased, 
John Rome present baillie, and John Irving, present baillie, to con- 
tinue bailies; John Corsbie present Deacon of the Trades to be Con- 
veiner, and the four new merchant councillors which are yearly elected 
with the Dean Treasurer and the rest of the Deacons of Trades, to 
be elected by the advice of the Magistrats aforesaid. All which 
persons are hereby authorised to continue in thair respective offices 
in the said Burgh and Liberties thereof untill Michallmasse nixt 
ensueing the date of these presents. And the saids Lords ordains 
the persons above named to meet at the Toun Councill House of the 
said Burgh of Dumfreise, upon the nth day of January nixt, and 
there to enter to thair respective offices, according as is prescribed 
by his Majesties letter : And this present Act is extracted forth of 
the Records of the Privy Councill by me Sir William Patersone 
Knight, Clerk to his Majesties Privy Councill. 

(Original in Burgh Charter Chest). 



No. 46. — For the Provost Baylies and toun councill of the Burgh 
of Dumfriese, who were in office the tyme of his Majesties nominating 
others to be Magistrats in that Burgh before Maxwell of Barn- 
cleugh's entrie to be Provost thereof. For His Majestie's Service. 
Haste. 

Edinburgh 22 Dec. 1688. 
Gentlemen,— 

His Majesties Privy Councill understanding that in the late 
nomination of Magistrats and Councill for your Burgh, Papists have 
been employed in offices of power and trust among you, which may 
occasion fears and jealousies to the indangering of the peace and 
quiet thereof; And the Council being willing to remove any ground 
for such fears, have thought fit hereby to authorise the Magistrats 
and Toun Councill who were in before any such nomination and 



252 APPENDIX A. 46—47 

were legally chosen by their predecessors, To meet and choise 
Magistrats and Councill for this ensueing year, conform to the 
custom and constitution of your Burgh. For doing whereof, this 
shall be to you and all who may be herein concerned, a sufficient 
warrant. 

This in name and by warrant of his Majesties Privy Councill, 
as signified to you by 

your assured friend, 

ATHOLL. 

(Original in Burgh Charter Chest). 

No. 47.^- To the Magistrates and Town Councill of Dumfries. 

Edinburgh 24. Dec. 1688. 

There being this day a representation made to the Councill of 
your care and diligence to prevent tumults, and suppressing any 
insurrection that might have been in your town, and by apprehending 
such as are Papists, suspected priests, or utheris of that persuasion 
amongst you, and detaining them from joyning any who may have 
been in armes in any part of your neighbouring shires upon the noise 
made of the Papists coming from England: The Councill have 
desyred me in thair name to give you hearty thanks for your care 
and timely intelligence given them in this matter, and by your 
Commissioner, Mr. Menzies, of Raes, your clerk, and do approve of 
your procedure in this affair, and look upon it as good and accept- 
able service at such a dangerous juncture as this is : And allows 
you to detain as prisoners in your Tolbooth those persons appre- 
hended by you : Except the Laird of Barncleugh, your late Provost, 
who is to be sent hither prisoner by the gentry of your Shire, by 
order of the Laird of Lag, and others who have the Councill's 
commands anent him. And the Councill do hereby give order and 
warrand to Lag and Closeburn, with any two of your Town Councill 
to sight what is in the said Barncleugh's cloak-bag found with him 
in his disguise, and to deliver to him such papers as properly belong 
to himself, and such as pertain to your toune and others (to be kept 
by the Toune), And such as belong to the Public to be sent under 
your sealls to the Clerks of the Councill. Your care and diligence 
for the future to prevent troubles, and to keep peace amongst your- 
selves and keeping your Toune in a condition of defence for the 



47—48 APPENDIX A. 253 

Protestant Religion and security of the Kingdom, is expected, there 
being a free election allowed you by the Councill, in whose name this 
is signified to you by 

your humble servant, 

ATHOLL. 
(Original in Burgh Charter Chest). 

No. 48. — Unto the Right Honorable the Lord Preces and 
remanent members of Royal Burrows, met at Edinburgh the 5th of 
July, 1709. 

The Petition of the Merchant Trafickers within the Toun of 
Drumfres. 

HUMBLY SHEWETH, that it is well known to this Honble 
Convention that it is the privilege of Royal Burrows only to import 
merchandise and other staple commodities from the Plantations and 
other places beyond seas for which privilege the Royal Burrows are 
assessed and taxed in the sixth part of the tax of the whole Kingdom 
of which sixth part your Petitioners do pay a part, conform to what 
your Honours have stented and taxed the Toun of Drumfries at. 
But considering the small trade which we formerly had is wholly 
inhansed and monopolised by setts, partnerships and clubs of 
gentlemen Freeholders and others within this country, and further 
who these several months byegone has driven the whole trade of this 
country and further than any merchants in this place or in this 
country used to do, by their importing great and considerable quan- 
tity of Brandy and Tobacco, which they have run and carried ashore 
in several bye creeks, such as Newabey, in the Water of Sark, 
Cummertrees and others. And have stocked not only all this country 
but likewise Teviotdale, the Merse, Cumberland and Northumberland 
on the English syde. And have had a ship of considerable burden 
lying off and cruising alongst the coast full of Brandy and Tobacco 
which is run and carried out in several places, and which offered to 
sink the Queens Boat and any other Boats except those of her own 
correspondence, that offered to come near her. And particularly 
upon Thursday being the last of June last, there was 24 packs of 
Tobacco seized in Annandale by William Johnstone of Bearholm, 
Collector of Her Majesties Customs here, and brought back within a 
mile of this place, but the same being owned by a person who is 
known not to be worth a groat, he applied, as is informed, to some 



254 APPENDIX A. 48 

Justices of the Peace and showed them a sham transfer from Robert 
Douglas Collector at Glasgow, albeit it can be proved that the said 
Tobacco was lifted at a place to which it had been imbezzled and 
carried from the sea. Upon which the said Justices did give him a 
Warrant to intromit with and carry the said Tobacco. Which by 
collusion, it seems the Collector yielded unto. And as is said a 
certain gentleman concerned both in the Trade and in the Collection 
at Glasgow did immediately destroy the said pretended Transfer, 
thinking the foresaid Warrant to be sufficient. And we further 
REPRESENT that there was a loading of Brandy about the month 
of April last found in some waste houses at Newby, which was seized 
by the said Collector. And having sent a part of it up to Drumfries 
he secured, as he thought, the rest within the town of Annan, — but 
upon the first Sabbath Day, in the morning after the seizure, a great 
number of men with drawn swords and pistolls cock't entered the 
Toune on horseback and broke up the houses where the Brandy was 
lodged, and employed all the wheel-carts in the Towne of Annan 
to carry off the same, besides the carts they brought with them. And 
in open daylight they are known to unload Boats and carry off the 
Goods both in the English and Scots side to a considerable quantity 
which, as is informed by all, has come from the Isle of Man. And 
albeit that we have severall times laid the same before the Officers 
of the Custom House here, yet we have found no effectual redress, 
but the foresaid incroachments still incress and grow worse £md 
worse. 

MAY IT THEREFORE PLEASE, etc. 

(Ex. Aitken MSS.). 



255 



APPENDIX B. 



(i). THE COMMON GUID, 1590-1, 1612-3, i62;-8, 1633-4, 
1662-3. 

[1590-1. J 

" The compt of the commoun guid of the burgh of 
Drumfreis of the termes of Mertynmes fourscoir ten yeiris 
and Witsonday fourscoir ellevin yeris alsweill of thair 
commoun rentis and mailhs or annuellis as custumis and 
casuahteis with the defasandis thairof. 



" Item, the haill rentell of the said burgh of all annuelrentis 
awand yeirlie to the communitie thairof out of the particular landis 
and tenementis alsweill thai annuelrentis quhilk sumtyme pertenit 
to the freiris callit the gray cordileir freiris and now to the comunitie 
be donatioun of our soverane Lord, as thai annuelrentis quhilk 
pertenis to the toun self, extendis in the terme to threscoir tuelf 
pundis with sum od schillingis or thairby, as the rentell producit to 
the Lords Auditors of the Chacker of befoir will beir. 

" Item, the greit customis extendis yeirlie to sevinscoir ten 
merkis. 

" Item, fredomis and casualiteis of the saidis termis extendis to 
the soume of fyftie merkis. 

" Summa of the haill charge dowbilland the saidis 
rentell of the terme extendis to threttene scoir sevintene 
pundis vjj. viijrf. or thairby." 



256 APPENDIX B. 

" Defasandis." 

" Item of fie to the provest v merkis. 

To ilk baillie of thre, x\s. summa vjli. 

To ilk officiar of thre, x\s. summa vjli. 

To the commoun clerk xh. 

To the thesaurare v merkis. 

To the dene xIj. 

To the knokkeper^ ten pundis. 

To the scholemaster xx merkis. 

To the dempster and sowper of the tolboithis xxxiijj. iiij(f. 

To the baburrie^ iijli. 

To the executare of the evill doaris ij merkis. 

To the reaser of the psalmis h. 

To the belman xiijj. iiijif. 

To the Chacker of burrow maill yeirlie xxli. xijd. 

To ilk persoun of four for keping of the four portis, 

iij merkis, summa xvj merkis. 

For keping of the conventionis of burrowis threscoir pundis. 

Item, for beting" and reparatioun of the brig of the 
said burgh quherby the tred of the toun cumis 
quhilk brig is now rewinous quhill it wes reparit 
this lait greit drowcht tua hundreth and ten merkis. 

Item, in reparing of the portis in irne work and 

stane work ten pundis. 

Summa of the defasandis is xiiij'' xvli. xvijj. viijd. 

" And sua the toun of Drumfreis is behind and in dett." (Signed) 
" Jhone Mairchell, baillie." " Ita est Herbertus Cunyngham notarius 
scriba dicti burgi." 

[1612-13]. 

" Compt of the commoun rent and casualiteis of the 
burgh of Drumfreis betuix the terme of Witsonday 1612 
and Witsonday last wes, 161 3, being ane yeir. 
" The commoun maillis and annuellis of the burcht 

belangand of auld to the toun extendis yeirlie to j° xli. 

i. Knokkeper, clock-keeper. See Jamieson's Diet. s.v. Knock. 

2. Baburrie, evidently drummer. Jamieson, s.v. Baub. 

3. Beting, repairing., Jamieson, 3. v. Beit. 



APPENDIX B. 257 

The freiris annuellis lij/i. 

Fredomis and casualiteis iiij"/i. 

The greit custume, to wit, the portis and trone ij°li. 

Summa iiij° xlijli. 

" Defasandis." 

"To the provest for his fie iijli. vjs. vii}d. 

To the thrie baillies for their feis vj/i. 

To the thesaurar for his fie iij/i. 

To the dene and his officer iiij/i. 

To the scholemaster xxiiij/i. 

To the kepar and rular of our knokis xxxij/i. 

To our clerk xIj. 

To our four officiaris xxli. 

To our drummer and pyper xxli. 

To the dempster xIj. 

To the redare and master of the sangscholme xUi. 

To our advocat in Edinburgh for our commoun 

estait xxli. 

For our commoun calsayis* debursit this last yeir on 

the eist syid of the toun iij"/z. 

For the bigging of the tounheid port and materiallis 

therto iiij"/i. 

For our burrow maill to the Eschacker xxli. xijd. 

For the keping of the Conventioun of burrowis and 

the Parliament haldin October last wes iij''*/«. 

To our jevillour for keping of our jevill hous xiij/«. vjj. vujd. 

For xij ellis of taffatie of the cord quhyte and yellow 

to be ane handseinzie' for serving his Majeste. .. xxxijZz. 

Item, for the making thairof vjli. 

Item, for vj stanis of iron to be menniekillis and 

keyis to the presoneris, with quhome we ar 

greitlie cummerit xuijli. 

Item, for the making thairof vi]li. xs. 

Item, payit to Stephane Lowrie our lait thesaurar at 

the making of comptis, he being superexpendit. . . xxxijli. 

4. Calsayis, causeways. 

5. Handseinzie, ensign. Jamieson, s.v. Handsenyie. 



258 APPENDIX B. 

" Sua we ar overmair superexpendit specialie in regaird we get 
manie trubillis be byrning and utherwayis." (Signed) " Johne 
Corsane, provest; J. Cunynghame, clerk." 

" xiij Julij 1613.— The said [day] compeirit James Cuninghame, 
balle of Drumfreis, and maid faith in Cheker that this is a just 
compt." 

[1627-28]. 

" The Compt of the commoun geir and casualities of 
the burghe of Drumfreis betuix the terme of Witsundey j". 
vj°. and twentie sewin yeiris untill the terme of Witsundey 
j"". vj°. and twentie aucht yeiris, being ane yeir. 

" The commoune mailHs and annuellis of the said 
burghe belangand to the towne extendis yeirly 
to ane hundreth and ten pundis. 

The freiris annuellis lijlilf. 

The friedomes and casualities one hundreth pundis. 

The custome, to wit, the poirtis and trone, togidder 
with the custume of the brig sumtyme pertenyng 
to Daniell Kirkpatrik iij° iij" xvij/i. 

Summa vj° xl lib. 

" Defeasantis." 

" To the proviest for his fiell n}lil>. vJ5. viij^. 

To the thrie baillies for thair fiallis vj lib. 

To the thesaurar iij lib. 

To the deane and his officer iiij lib. 

To the schoolemaister for his &all and chalmer maill iij^' lib. 

To the fyve officiaris xxlib. 

To the drummar and pyper xxx lib. 

To the clerk for his fiall iiij lib. 

To the dempster k\s. 

To the reidar and maister of the sangschoole iiij'^ lib. 

To our advocat in Edinburgh for our commoun 

estait xxvj lib. xiijj. viijd. 

To the javellar for keiping of our wardhous xx lib. 

To the Exchecker for our burrow maillis xx/i xij^. 



APPENDIX B. 259 

To our commissionar for his expenses for keiping of 
the conventioune off burrowis haldin at the 
burghe of Air xlv lib. 

For the clerk and agent fiallis at the said conventioun 

iij lib. xiij[j.iiij^.] 

To our commissionar to depurse to the Exchecker for 

sic eque iij lib. vjj. (?) 

For repairing of our (?) iij" lib. 

For poynting, pining, and repairing of our brig liij lib. 

For our pairt of the last missive for the conventione 

of burrowis haldin at the burghe of Air xxx lib. 

To the rewler and keipar of the knokis xl lib. 

To the carier of the missive for conventioune of the 

burrowis xxxj. 

For letters of releiff of his Majestes taxatioune iiij lib. 

To Daniell Kirkpatrik his wyff and chyldrene for 
the renunciatioune of thair infeftmentis of the 
brig custume i° xxxii] lib. 

(Signed) " W. Cunyghame, clerk." 



[1633-34]. 

" The Compt of the commoun geir and casualeties of 
the burghe of Drumfreis betuix the terme of Witsunday j". 
vj°. and thrattie thrie yeires and Witsundey j". vj°. and 
thrattie four yeires being ane yeir. 



" The commoun mailles and anuelis of the said 
burghe belangand to the toune extending yeirlie 
to the soume of j° and ten libs. 

The freires anuellis Iij libs. 

The fredomes and casualeties j° and xij libs. 

The customes to witt, the portis and trone iij° and xiiij libs. 

The mylne callit millhole mylne j° libs. 

The mylne callit the Sandbedmylne j° & xxx libs. 

Summa viij" xviij/i. 



26o APPENDIX B. 

" Defeasantis." 

"To the proveist for his fiall iij lib. \']S. \n}d. 

To the thrie baillies for thair fiall vj libs. 

To the thesaurar for his fiall iij libs. 

To the deane and his officer v. libs. 

To the schoolemaister for his fiall and chalmer maill iij" libs. 

To the four officiaris for thair fiall xvj libs. 

To the drumaris and pyper xxlibs. 

To the clerk for his fiall x\s. 

To the dampster xIj. 

To the reader and master of the sangschoole iiij" libs. 

To our advocat in Edinburgh for our commoun estait 1 merkis. 

To our agent in Edinburgh xx merkis. 

To the Exchaker for our burrow mailles xx lib. xi}d. 

To our comissionar to depurse to the Exchekquer for 

sic eque iij /i^. xvj. 

To our commissionar at the Parliament i j° merks. 

Item, for the defraying of the expenses of our last 

missive j° iiij" libs. 

For the clerk and agent fies at the last conventioun of 

burrowes \\\lib. xiijj. iiij^f. 

For the making and repairing of calseyis j° merks. 

For beiting and repairing of our brige j° lib. 

To the reuler and keiper of our clokkes xl lib. 

For the anuelrent of the moneyis adebtit be the toune 

for the Sandbedmylne f libs. 

(Signed) " W. Cunyghame, clerk." 
[1662-63]. 

" The just rentall of the common guid and rent of the 
broughe of Drumfreis from Michellmes 1662 till Michellmes 
1663. 

" Imprimis, for the brig custome 1666.13. 4 

For 2 milles 0666.13. 4 

For the customes of the Wehous 0333. 6. 8 

Mair, for the tounes commone for their hores gres ... 066.13. 4 

2733.06. 8 



APPENDIX B. 



261 



Depursed quhen the Earle of Mideltone was Com- 
misioner with the Kinges gard and a number of 

the nobillitie 1660. 0. 

Mair, for our commisioner at Parliament ... ... ... 0400. o. o 

Mair, for the scollmaisters 0200. 0. 

Mair, for mending of the bridge ... ... ... ... 0260. o. 

Mair, for mending of our mylnes ... ... ... ... 0100. o. 

Mair, to him that keepis the knockis ... ... ... 0060. o. o 

Mair, for the toune cullors ... ... ... ... ... 0330. o. o 

Mair, for mending of the casas ... ... ... ... 0200. o. o 

For the magistrats sellorie and the tounes equie {sic) . . . 0230. 0. o 



3444. o. o 

The chairg supperexpendit in the summe of 706.13 4 

(Signed) " Jo. Ewart, ther." 



(2). "THE CUSTOME BUIK OF DRUMFREIS, 1578." 

" The ressait of the custumes of Drumfreis be Archibald 
Douglas custumar there fra the first day of June the yeir 
of God j" v° threscoir sevintene to the first of Januar the 
yeir of God j". v°. threscoir auchtene yeiris. 

V0LL.6 

AdameGibsone vij st[anes] 

Edward Edzer ,... xxiiij si. 

Johne Johnestoun x st. 

William Edzer xvj si. 

Edward Edzer xsi. 

Thomas Glassan •. xxx st. 

Idem, xl si. 

Edward Edzer xxx si. 

Idem, xliiij si. 

Summa ... viiisi. xix ped° (?) 
Inde custuma ... xjZi. xiiijj'. vd. ob. 



6. Voll, wool. 



262 APPENDIX B. 

Tar. 

Thomas Glassan ij barrells. 

Inde custuma i j-f- 

ViNAGER. 

Adame Gibsone ij barrels. 

Sym Lawsone j barrell. 

Adame Gibsone ij barrels. 

Summa v barrells. 

Inde custuma vs. 

Ploumdames.' 

Adame Gibsone iij barrells. 

Sym Lawsone j b. 

John Vrycht ij b. 

Edward Edzer | b. 

John Kirkpatrik i j b. 

James Sterne j b. 

Thomas Glassan ij b. 

John Bell j b. 

James Edzer j b. 

Summa j last j b. | b. 

Inde custuma xiijj. vjd. 

Leddir Pointis (the gross iiij^.)^ 

Thomas Glassan iiij gross. 

James Edzer j gr. 

Robert Raa j gr. 

John Amelegane i gr. 

Edward Johnstoun ^ gr. 

Adame Barras j gr. 

Matho Turnour j gr. 

Johne Davidsone j gr. 

Johne Bell j gr. 



7. Ploumdames, prunes. See p. 26S, where the total is ' Sumna prunorum.' 
Jarrieson, s.v. Plumbe-Damcs, Damascene plums. 

8. Leddir pointis, leather laces, largely used where we now use buttons. 
New English Diet. s.v. Point. 



APPENDIX B. 263 

Summa xj gross. 

Inde custuma iijj. wiijd. 

Blew BONNETTIS (the dozen xij^.) 

Adame Gibsone j dozen i. 

Thomas Glassan i j dozen i. 

Matho Tumour iij dozen |. 

James Edzer j dozen. 

Johne Wrycht j dozen. 

Johne Glessell j dozen. 

Summa x dozen ^. 

Inde custuma xj. vjd. 

BlakboNNETTIS (the dozen iijj-.) 

AdameGibsone 1 dozen. 

Thomas Glassan i dozen. 

Summa I dozen. 

Inde custuma iijs. 

Leddirbettis (the gross xijd.y 

James Edzer v dozen. 

Robert Raa i j dozen. 

Thomas Glassan vij dozen. 

Matho Tumour v dozen. 

Summa j gross vij dozen. 

Inde custuma xix^. 

Games (the buist iuid.y 

Thomas Glassan j b[uist]'^ 

Adame Barras j b. 

Johne Bell ij b. 

Johne Kirkpatrik iiij b. 



9. Leddirbettis, seems clearly an error for ' Leddirbeltis,' leather belts, which 
were dutiable articles in Scotland, see index to Aci. Pari. Scot. 

10. Games, combs. See p. 264, ' cammbes'. Presumably tooth-combs, and 
not honey-combs. 

11. Buist, box (Jamieson). 



264 APPENDIX B. 

Summa viij b. 

Indecustuma ijj. viijd. 

Leid. 

Johne Vrycht 

Indecustuma ijx. 

ALME.12 

Johne Vrycht 

Inde custuma iiijj. 

Peppir and Ginger (the pound vjd.). 

Adame Barras 

Matho Turnour 

Johne Kirkpatrik 

Johne Vrycht 

Johne Glessell 

James E dzer 

Johne Davidsone 

Thomas Classen 

Johne Bell 

Summa v stane v lib. 

Inde custuma xliji'. vjd. 

Paper (the rim xijd.) 

James Sterne 

Matho Turnour 

Johne Bell 

Summa vj rim. 

Inde custuma vjj'. 

Cartis (the gross xviijW.)" 

Adame Gibsone 

Thomas Glassan 

Johne Bell 



vj stane 



iiij st[ane] 



xij lib. 

ix lib. 
viij lib. 

vj lib. 

vj lib. 

xij lib. 

xxiiij lib. 

iiij lib. 

iiij lib. 



ij nm. 
ij rim. 
ij rim. 



J gross. 

j gross. 

ij gross. 



12. Alme, alum. 

13. Cartis, no doubt cards, probably playing-cards, 
wire-brushes for ' carding ' wool, &c. 



Possibly ' cards,' or 



APPENDIX B. 265 

Summa iiij gross. 

Inde custuma v}s. 

HERING. 

"William Edzer iij barrells. 

Inde custuma iijV. 

Lint (the stan ix^.) 

Johne Vrycht ij st[anis] 

Robert Raa xxiiij st. 

Johne Bell vj st. 

Thomas Home x st. 

John Davidsone x st. 

Summa Iij stane. 

Inde custuma xxxixj. 

WORSATTIS (the dozen of boltis xvj^.)^* 

Johne Glassan iiij boltis.^^ 

Thomas Glassan iij boltis. 

Johne Ameligane ix boltis 

Johne Davidsone x boltis. 

Johne Kirkpatrik viij boltis 

Edward Edzer ij boltis. 

Summa xxxvj boltis. 

Inde custuma xlviijx. (sic). 

Oley." 

Thomas Home j barrell. 

Matho Tumour 5 barrell. 

Summa j barrell |. 

Inde custuma iiij j'. vjd. 



14. Worsattis, worsteds Jamieson, s.v. Worset. 

15. Boltis, bolts. A ' bolt ' is an old measure or roll of worsted, canvas, 
satin, &c. JVeui Eng. Diet. s.v. Bolt. 

16. Oley, certainly oil. See p. 264, where the total is ' Summa olei.' 



266 APPENDIX B. 

Hemp (the dozen of pondis vjd.) 

Matho Turnout vj dozen. 

Johne Bell ij dozen. 

Summa viij dozen. 

Inde custuma iiiji'. 

Linking Clayth (the 7 vs.) 

James Edzer xiiij dozen. 

Matho Tumour viij dozen. 

Edward Edzer x dozea. 

James Fruid xvj dozen. 

Thomas Home xij dozen. 

Summa Ix. dozen. 

Inde custuma xxxj. 

Brass (the stane xijd.) 

Johne Johnestoun xiiij 6t[ane] 

Inde custuma xiiij J. 

Prenis (the dozen of papers vj^.)^' 

Robert Raa vj dozen. 

Johne Glessell j dozen. 

Summa vij dozen. 

Inde custuma iii jj. vj^. 

Inglis GUDDIS. 

Edward Edzer viijj. 

Gavane Hudgeoun vjj. 

Johne Johnstoun xiiijj. 

Thomas Glassan xiiijj. 

17. Prenis, pins. Jamieson, s.v. Preyne. 



APPENDIX B. 267 

Adame Gibsone xviijj. 

William Edzer xvjj. 

James Johnstoun vjj. 

Thomas Geddys xijs. 

Edward Johnstoun vii j j. 

Thomas Murheid xs. 

James Sterne xiijj. 

Thomas Glassan xxiiijj. 

Hew Killocht vjj. 

William Hopper xs. 

Johne Berbek xiiijj. 

Gavane Hudgeoun xjs. 

William Davidsone viijj. 

William Edzer viijj. 

William Bell vjj. 

Johne Davidsone vjs. 

Matho Tumour viijj. 

Adame Gibsone xvjj. 

Johne Bell iiijj. 

Ozie Achesone viij j. 

Edward Edzer xijj. 

Cuthbert (Urrie) ? ii j j. 

Johne Vrycht vii jj. 

Thomas Brattane xijj. 

James Edzer xijs. 

James Johnstoun xs. 

Adame Gibsone viijj. 

Edward Edzer xiiijj. 

Robert Raa xiiijj. 

Cuthbert Achesone xxj. 

William Edzer vjj. 

James Fruid xs. 

Cuthbert Urrie (? Irvin) xijj. 

Matho Tumour 

Thomas Home 

Edward Edzer 

Summa xxjli. vs. 

Summa totalis custume, xlvlib. vijj. xd. ob. 

Feodum custumarii xv.f. ij^. ob. 

(?) Rotulatori xlmilib. xijj. viij<^. 



XI J J. 

viijj. 
xs. 



268 APPENDIX B. 

"CUSTUM BUIK OF DRUMFREIS. 1580." 

" The compt of the customes of Drumfreis fra the 12 
of January the yeir of God 1579 to the 20 day of August 
anno 1580." 



Tar. 

WilHam Bell ij barrells. 

Mathow Turner iii j barrells. 

Cuthebert Irvin iij barrells. 

Summa bituminis ix barrells. 

Inde custuma ixs. 

Ploumdames. 

Thomas Classen iij barrells. 

Cuthebart Archebaldsones j barrell. 

William Edger ij barrells. 

Johne Classen i j barrells. 

Summa prunorum viij barrells. 

Inde custuma viijj. 

ViNAGER. 

Johne Davidsone iij barrell. 

William Hoip ij barrell. 

James Frude ij barrell. 

Summa aceti vij barrells. 

Inde custuma vijx. 

OiLIE. 

Johne Johnestoun j barrell. 

William Houp ij barrells. 

Summa olei iij barrells. 

Inde custuma xij.f. 



APPENDIX B. 269 

Blewe Connettis. 

William Edger iiij dson. 

James Frud ij douson. 

William Houp j duson. 

Summa vij dozen. 

Inde custuma vijj. 

Ledder Pointis. 

Thomas Classen ij gross. 

Edward Edger iiij gross. 

William Houp j gross. 

Johne Johnestoun v gross. 

Summa xij gross. 

Inde custuma iiijj. 

Cammbes. 

Cuthebert Irvin iij buist. 

Mathew Tumour ij bust. 

William Bell v buist. 

Summa x buist. 

Inde custuma xld. 

Pepper and Ginger. 

Johne Classen iij staine 

Johne Davidsoun iiij staine 

Summa vij stane. 

Inde custuma Ivjj. 

Paper. 

Cuthebert Irvin iiij rim. 

William Edger iij rim. 

Summa vij rym. 

Inde custuma vij j. 

Cartes. 

Mathew Tumour j gross. 

William Bell ij gross. 

JohneClassen iij gross. 



270 APPENDIX B. 

Summa vj gross. 

Inde custuma ixj. 

Preines. 

William Houp iij douson. 

Johne Davidsoun j douson. 

Cuthebard Irvin v douson. 

Summa ix douson. 

Inde custuma vs. iijd. 

Lint. 

Thomas Classen x staine 

Edward Edger xvj stane. 

Johne Johnestoun vj staine. 

Johne Edger xij stane. 

Summa xliiij stane. 

Inde custuma xxxiijj. 

INGLIS GUDES. 

Thomas Classen xxiiijj. 

Edward Edger xxxijj-. v]d. 

William Edger xlv.r. 

James Fruid xvjj. 

Cuthebert Irvin xxs. 

William Houp xviijj. 

Mathew Tumour xxijs. 

William Bell xxj. 

Summa Bonorum Anglicanorum custume ix/i. xviji'. vjd. 
Summa totalis custume, xvij/i. xviijj. jd. 

Feodum custumarii v}s. 

(?) Ro[tulato]ri xvij7i. xiji'. jd. 

(3). WINE DUTIES, 1628. 



" The burrow court of Drumfreis haldin in the tolbuithe 
thairof twentie sax day of Junij the yeir of Cod j" vj° emd 
twentie aucht yeirs Be Johnne Ranyng provest, Johnne 
Irving, Thomas Maxwell and James Maxwell, bailzeis of 
the said burghe, suitis callit, cowrt lawfullie affermit. 



APPENDIX B. 271 

" The quhilk day the saidis provest and bailyeis causit charge 
and conveine befoir thame the persounes following only ventaris of 
wynis within the said burghe of Drumfreis to wit Johnne Hairston 
and Jonat Baitie spouses, Jonat Walker spous to the said Thomas 
Maxwell bailyie, Agnes Coipland, all inhabitantis of the said burghe, 
and took thame solemnie sworne be thair great aithes that they suld 
leillilie and trewlie gewe up to the said provest and bailzeis the just 
proportioun and quantitie of all the wynis ventit and sauld be thame 
within the said burghe fra the first day of November j" vj°. and 
twentie sax to the first day of November j"". vj°. and twentie seven 
yeiris. To the effect that payment micht be maid be thame of the 
new pittie custome and excyis imposit upone everie tun of wyne 
ventit rune tappit and sauld within the said burghe and the samyn 
sent f urthe to his Majesties Exchecker : Quhilks persounes com- 
peirand judiciallie and being solemnie sworne as said is, geve up and 
deponit upone quantitie and proportioun of the said wynes ventit and 
sauld be thame be the said space in maner following, to wit, the 
said Johne Hairstane and Jonat Baitie spouses deponit that they and 
their serwandis ventit and sauld within the said space ane pun- 
scheoune of wyne. Item, Jonat Walker deponit that sho and hir 
serwandis wentit and sauld within the said space ane punsheoune of 
wyne. Item, the said Agnes Coipland deponit that scho and hir 
serwandis wentit and sauld within the said space ane punsheoune of 
wyne; quhilkis being all comptit togidder his Majesteis pairt therof 
extendis to the sowme of thrie pundis Scotis money : Quhilk sowme 
the saidis provest and bailyeis then ressawit fra the saidis persownes 
and delyverit the same to their commissionar to the effect that pey- 
ment micht be maid to his Majesteis Excheker. This is the trew 
dispositioun of the saidis ventaris of wynes. And thairupone the 
saidis provest [and] bailyeis decemit act. Extract furthe of the 
burrow court buikis of Drumfreis be me Williame Cwnyghame notar 
commoun clerk therof witnessing heirto my signe and subscriptioun 
manuall. (Signed) W. Cunyghame, clerk." 

[1634]- 

" The burrow court of Drumfreis haldin in the tol- 
buthe theroff be Johne Irving, proveist, Thomas and James 
Maxwellis and Jonne Williamsone, baillies of the said 
burghe, the — day of Junij j". vj". and thrattie four yeires, 
suitis callit, court lawfully affermit." 



272 APPENDIX B. 

(This is of the same tenor as the last, depositions being taken 
from Janet Lowrie, spouse to the provost, Agnes Coupland, widow, 
and Agnes Richartsone, widow, onFy venters of wines in the burgh, 
of the quantities sold by them from ist November, 1632, to 1st 
November, 1633, the first declaring 4 tuns of wine, and the other 
two 3 tuns of wine each, whereof the proportion payable to Ex- 
chequer is 30Z. Scots, which being received the magistrates delivered 
to their commissioner to be paid in to Exchequer.) Extracted by 
(Signed) " W. Cunyghame, clerk." 



273 



APPENDIX G. 



THE DANGER of Inconsideration about supplying a present 
Vacancy of the Clerkship, in a form a Wellwisher to a Member of 
the Council of D. — 

Sir, 

As we have a mutual love to the public good of the place and 
have had frequent discourses and good wishes for the right and 
faithful Government of it, so at this occasion with respect to the 
vacancy of that public office to be supplyed, I cannot omit to give 
you my thoughts. 

You have been a witness and even borne part in the present 
administration, and your true discharging it, does, I know, reflect 
from those who know you a serene aspect, confiding in your aim at 
the public welfare in a peaceable and calm way; And that you 
should put forth, now, into act your good intentions, with a kind 
of forwardness, which attract the concurrence of men of like prin- 
ciple, is the present expectation. The station of the Town Clerk 
is to be supplied, which is a great Trust, and the right doing of it 
to the common good, as it is a faithful step of administration in 
these capable to make this choice, so it will procure the general satis- 
faction of all concerned, not only in the Town, but out of it. As to 
the Magistrates and Council to whom the power of admission is 
entrusted, I shall i™ give you my sentiments what they ought to be, 
in which class I consider the Council as to Election of Officers. 2do. 
The consideration and prudence they ought to have in such matters. 
3tio Their design and aim. 4to The office and qualification of 
the persons to be elected. 5to The Fidei Commissa or Trust 
eommited to him, 6to & Lastly, his Continuance and Discharge. 



274 APPENDIX C. 

You know what the Sacred page speaks of Magistrates and 
with what names they are honoured; And Sully^ that excellent 
Orator & Statesman, Lib. I de Off., advises, that Qui repub, pre- 
fecturi sunt, teneant haec duo praecpta; Unum, ut utilitatur Civium 
sic iueantur, ut quicquid agat ad earn refer ant, obliti commodorum 
suorum. Alterum, ut totum corpus Reipub. curent, ne dum partem 
aliquant tueantur, reliquas deserant &c. not to say an3^hing about 
the present Magistrates and Council, hoping they are true and honest 
hearted men. And in such a choice as now falls in, their fidelity £ind 
fitness is conspicuous, as also their virtues and natural defects will 
be observed: For if the latter be prevalent in them, they will be 
hindred thereby in the due exercises of their Office, even as a just 
man for his justice may be elected a Judge, yet if he be fearful, he 
will from political ends, as is commonly noticed, leave Justice and 
cleave to his own safety ; therefore they ought to have no other end, 
than regard to the public good, which ought to be common to them 
with the good or ill success thereof. For this purpose having 
interest in the place is a great engagement on them to the common 
interest. For they who in a Council have fears, to prevent the loss 
& hazard of their own, will incline at the same rate to be careful of 
the public. Wherefore Marc Anton[y], the Philosopher and 
Emperor, decreed that the Senators of Rome who were not Italians 
should at least have the fourth part of their Estates in Italy, to 
make them careful for the preservation of the Province whence the 
Empire was seated. 

But hereby I would not be understood to have a jealousy of any 
of the Council, who may be of better or surer Estates than in the 
place, or that they being strangers and unacquainted with the con- 
stitution of the Burgh and the many vicissitudes and chcuiges 
thereof in public and private revolutions and successions of times 
(which truly in itself is a concerning Caveat), should prevail on me 
to presume that they would leave Justice for self interest or decline 

I. Cicero (formerly often called Tully), De OfiSciis, i. 25. Omnino, qui rei 
publicae praefuturi sunt, duo Platonis praecepta teneant; unum, ut utilitatem 
civium sic tueantur ut quaecunque agunt ad earn referant, obliti commodorum 
suorum ; alterum, ut totum corpus reipublicae curent, ne dum partem aliquam 
tuentur reliquas deserant. (Those who are to be statesmen should strictly ob- 
serve Plato's two precepts :— the one, to shape all one's actions with a view to the 
well-being of the citizens, regardless of self ; the other, to take care of the whole 
of the community, lest when paying special attention to one part, the rest should 
be neglected.) 



APPENDIX C. 275 

deliberation; and I doubt not, but past transactions, if reminded, 
ought, if nothing else would, to move them to be considerate, 
PISCATOR ICTUS SUPIT.^ 

The Common Interest of the Burgh & Burgesses and Heretor 
rights, of which in the first place the Magistrates are the Guardians 
and of which they have the power to commit the Trust, is a great 
motive for their being considerate at this occasion. They are to 
foresee conveniences and inconveniences which may fall out in the 
public and private Interest; and maintaining their own Acts, with 
respect to former conveniences, to precaveat Mercenaries & Tolls 
amongst themselves; and how far avarice, dependence, or facility 
may engage men to the detriment of the public. Their design and 
aim by a considerate choice ought not to lie by laying their own 
self concerns in the balance with the public committed to them; 
Seeing from such aims and designs there may be greater hazards 
impendent than they are aware of : And if any of that number whose 
faith may be implicit and cleave to others, doing as they do &c. as 
it betrays their weakness and an unfitness in them for such a station ; 
So they (that are to aim only at the public good for the future) 
cannot exoner[ate] their consciences to answer the end of their Offices. 
And there is unquestionably required as great a prudence, zeal and 
consideration in the right choice of a person to supply the present 
Vacancy, as in the election of any Magistrate or other Officer, whose 
station is more short or alterable. And certainly your members 
being yearly alterable, as your set and establishment appears to be, 
if their eyes are opened, or if they have a true understanding of their 
circumstances and do not make their end in the foresaid choice the 
public good, they are not only guilty of great iniquity and malver- 
sation, but of drawing on the present Constitution of the Council, 
Burgh, and particular Heretors & Burgesses, an inundation of tyrant- 
like and barbarous oppression, harassing and violence. 

2. Piscator ictus sapiet (the fisherman when ictus will become wise). Latin 
proverb." Ictus " is a word of very indeterminate meaning, e.g., struck, stung, 
bitten, etc. The proverb may mean " The fisherman after being bitten (e.g., on 
the fingers by a pike) will learn wisdom," or it might mean " after he has been 
pricked in the hand by the spines of a perch," or " after he has pricked his 
fingers when baiting the hook," or " after being stung when sitting on a wasps' 
nest." In any case it seems clear that the proverb is a rude reflection upon the 
intelligence of fishermen in general, and in view of the abnormal and provoking 
patience of some bait-fishermen, it perhaps means, " You can only knock sense 
into a fisherman." 



276 APPENDIX C. 

The Office itself, the extent of which is well known, and how 
far the fidelity of the Clerk should be commensurate thereto, is a 
worthy consideration. Cicero^ in Q. Ver. says Ordo {viz. Scnbarum) 
honestas est quod eorum hominum -fidei, tabulae, publicoe, perlicu- 
laque Magistratuum committuntur . And Emyl. Prob.* says that 
Nemo ad id Officium admittitur, nisi honesto loco, jide et industria 
cognita: Quia necesse est eum omnium Consiliorum esse ■particifem. 

This I think is a cogent enough argument ; for a person in that 
trust hath the secrets, public writes. Acts of the Council, and the 
Records and rights of the Burgesses in his hands, and to discharge 
this aright without respect to private ends, nor to lay open defects 
of men's rights, as it is rara avis; so these whose ambition leads 
them to amass and acquire will scarcely be bounded ; XJsus altera fit 
Natura.^ But of all persons whom you may assume to that Station, 
beware of these who have made early factions and untimely enticed 
the Council to get themselves installed in the Office; Such methods, 
by how much the more indecent & indirect, by so much the more do 
demonstrate the ambient person to be most accomodate thereunto, 
being rather suspected in such a case to be fraughted with some 
home design, et ex ungue leonem,^ &c. And the Lex Julia de 
Ambitu' defines it to be Crimen male adfectati honoris in illo qui 
vera Virtutis via ad honorem aspirare non potest, ambitione con- 
tendit quae Multos Mortalis falsos fieri coegit, cujus poena apud 



3. Cicero, In C. Verrem, 2, 3, 79, §183. Ordo {vis., scribarum) honestus est, 
quod eorum hominum fidei tabulae publicae periculaque magistratuum committun- 
tur. (The order of writers is a respected one; because to their good faith state 
papers and the projects (literally experiments) of the government are committed.) 

4. Aemilius Probus (or Cornelius Nepos), xviii, Eumenes, cap. i. Nemo ad 
id officium admittitur, nisi honesto loco, et fide et industria cognita; quod necesse 
este omnium consiliorum eum esse participem. (No one is admitted to that office 
(of writer) unless of respectable origin, and known to be trustworthy and 
industrious; because of necessity he is a sharer in the counsels of all men.) 

5. Usus altera fit natura. (Use becomes second nature). Cicero, De Finidus, 
5, 25, 74, has a passage almost exactly like this. 

6. Ex ungue leonem. (You may know a lion by the claw.) Latin proverb. 

7. The quotation is not from the Lex Julia de arabitu (B.C. 18), which is not 
extant. The passage must be taken from some comparatively modern Latin writer, 
as the words " apud Romanos " (among the Romans) clearly show. In the trans- 
lation, "these men" should be "many men"; after the word "punishment" 
should be inserted " among the Romans " ; also " seven fines " should surely be 
" severe fines," but the Latin text has merely " monetary fines." 



APPENDIX C. 277 

Romanos erat deportatio cum mulctis pecuniarum. That is in plain 
Scots — That pewthering is a crime of sinistrous seeking after honour 
in that Man, who cannot attain or compass it, in the way of true 
virtue, but by pewthering for it, which has made these men to be 
false; and the punishment was banishment and seven fines of money. 
And at the same rate ought these wheedling sticklers be punished, 
who have been going about to elicit suffrages on specious pretences, 
cajoling some and menacing others whose late embroiling the 
gravest and retired persons amongst you (for self interest as you 
may well remember) as it has past IMPUNE, so therefrom they 
stick not to go on to wheedle and cajole men out of their senses, 
until they meet with a brand as the characteristic of their factious 
eomplections. Hence it will not be denyed that such persons who 
may have dependence or nearer contingency with these whom you 
either experienced or do fear to be opposite to your Interest, or who 
have dependence on either Jurisdictions which may render yours 
more indifferent, (a Communities interest being seldom so well looked 
to, as that of a single person in matters of Jurisdiction, especially 
where there may be in many things competition); And that a Clerk 
in these cases [is] either much rely'd on, or influenced to an in- 
differency. And surely thse Members among you who will act in a 
conscionable discharge of their Offices & oaths de fideli, cannot 
without palpable prejudice and hazard, reject a due consideration 
of these things, to which their being strangers will be so far from 
excusing them, that it will aggravate their malversation and their 
declared and designed prejudice to the place. And we commonly 
repute them blind or furious who, being upon a precipice, cannot 
look to the height from which they are like to fall down. And at 
such occasion men unacquainted with your constitutions and who 
will give evidence of their being careless of preserving thereof (hav- 
ing no interest from which the public may be endeared to them) 
tho' men of tolerable probity, are presumed to save themselves and 
let the public fall. 

The trust committed to this station is great, which with due 
service and attendance (of which I shall speak afterwards) the exact 
performance of all which being the correlate in the Clerk are Fidei 
Commissa, or great Depositum consigned to him. I need not tell you 
the exact fealty and chastity to your secrets, an abstractedness of 
Interest from factions among you, and from influence, dependence, 
and conduct extrinsicus, and a zealous & ingenuous concern for the 



278 APPENDIX C. 

honour of the Magistracy, Council & Public at all occasions, with 
good counsel (may be) to young Magistrates and Officers at times, 
to vindicate & rescue them and the public privileges from outward 
assaults. These and many other requisites are such peculiar parts 
of the trust which you would think that persons, even of undoubted 
integrity and fidelity, wanting ambition of purchase and prefer- 
ment, might be thought not the less unaccomodate unto. To this I 
shall add, that the person elected if not of a due levell in the 
premises, may be doubted for performance of what may be expected 
of him; for according to a person's estimate by himself or others, 
so he will expect to be treated, which you would narrowly look to, 
lest he rise to a pitch beyond due attendance and respect of which 
I suppose you have experience. And as magistrates are in culpa for 
not maintaining their authority, so at first such fair parasites turn 
near Masters, if not Equals. The best knowledge of them being 
their actions, and it is to be adverted, that even any more dexterity 
than a requisite skillfulness (which as it is. depraxi, hurtful) is 
altogether unnecessary. It is said your establishment is of a juncto 
of men sincerely intending the good of the public, who did extricate 
and emancipate themselves from the malevolent and sinistrous 
draughts and contrivances of these, whose Ambition for rule and 
monopoly &c. would have carried them far to lay hold on absolute 
Mastery & Dominion &c. Dei, Deus, immiii cornua curta Bovi^ If 
this be true as your consciences best can witness, it is the greatest 
and unjustifiable blindness imaginable, to give any occasions for 
revolving and precipitating yourselves into your old Egyptian 
slavery and subjection. 

And Last, for the persons continuance; If he be neither of the 
qualifications above represented, or of swerving from these before 
discovered in him, the only remedy is the Bene Oplacitum Novum,^ 
by which your leised liberality & honour is safely retrieved; the 
which, if it turn not like many acts intentionally good, but effectually 
nothing, will be the only curb of petulancy, & a trap to catch their 
malverses in, otherways a dutiful and humble Servant may find 
longer entertainment. 



8. Det Deus immiti cornua curta bovi. (May God give the savage ox short 
horns.) Latin proverb; but it looks rather like a Latin rendering of the old Eng- 
lish proverb — " God sends the shrewd [i.e. vicious] cow short horns." 

9. Beneplacitum novum. (Welcome novelty.) 



APPENDIX C. 279 

Nevertheless maintain the Authority of your Acts, that your 
Enemies may never mock at scare crows, nor find you disunite and 
loose as they may step in amongst you, to the violation of your 
equal and harmonious establishment. Divide and Conquer is such 
a maxim as seldom fails; and 'tis to be doubted, if there be not 
such tools already with you, either thro' infirmity, fear or design ; 
I wish they were found out and cast out; If any have been enticed 
or surprized, before due consideration, to give their suffrages, it is 
probably what they cannot justify themselves for complyance unto, 
yet it is better to suspend that affair for a time, seeing 'Non nocitura 
mora est}" 

And as to such, who may be surprized with the giving of 
promises to note a person to be Clerk, whom in their Consciences 
they are convinced to be concerned in such Factions, fomented by 
those who aimed at no less than the ruin and misgovernment of the 
Burgh; and turn them out of the Congregation of the Lord; and 
even prosecuting them before the most solemn Courts to have pro- 
cured the civil sanction to patronize their oppression, particularly 
meaned of these creatures and dependants who have given birth and 
life to these pleas and many others to this very day; and I think 
their endeavouring to turn the whole trading Merchants that are the 
most considerable members of the Council, out of these seats which 
they have immemorially and by prescription possessed; besides the 
expunging the names & memory of any persons & families against 
whom their virulent pique is levelled, which may be recant with all 
the Board, ought so far even by the motive of that their self concern 
in public, be operative to the surmounting of their own private by- 
orders & interest. 

But I shall only answer these gentlemen— i"°, That their promises, 
tho' they had been confirmed by oaths, are unbinding upon them. 
In regard the Counsellers as such are sworn to be true to the Burgh, 
and are in case & place as Tutors to pupils, who by law can never 
act, far less promise & swear anything to the detriment & prejudice 
of their pupils or mandants, without authorised stain & imputation 
of Infidelity; And by the sentiment & construction of all Christian 
Nations, unlawful oaths, much less promises ought not to be kept. 



10. Non nocitura mora est. (Delay will do no harm.) 



28o APPENDIX C. 

And 2''° for confirmation of this, since in the construction of Law & 
Reason you, as Counsellers & acting for the public interest & com- 
mon good of the Burgh, to which you are sworn, are no more bound 
by promises, yea even oaths, to act contrair to the light of your 
consciences to the Trust & Credit reposed in you by the good Town, 
and its true interest & advantages, no more than a wife could do 
without the express allowance & advice of her husband, as appears 
by the Sacred text, & by the 30th. Chap. Numb, from the 6th. to the 
16 verses. And as you are protestants as well as Christians I would 
advise you to consult your Confession of Faith, as to the point of 
vows, much less promises; for if the matter of your promises be 
impossible or unlawful then is your promises void; And there is 
Locus poenetentia;^^ or if it be indefinite, in which case it is to be 
determined when the truth of the matter appears better to you; And 
I suppose there is no necessity previously requiring those of you, by 
any Divine law; But, & if your promises have been spontaneous & 
arbitrary, then your promises or even oaths are interpretable (in the 
opinion of Divines) Ex ifsius jurantis seu spondentis mente;^^ And 
if you would approve yourselves faithful to God, your own con- 
sciences, to the good Town who have entrusted you with this right, 
and to the Inhabitants whose eyes are upon you in this juncture, so 
demean yourselves with that candour & unbiassed interest, unpartial 
concern, for such a person who in your consciences you are fully 
persuaded will be most conducible & instrumental for advancing & 
improving the real interest & advantage of the good Town; peace 
& love amongst neighbours; most faithfully & unconcerned by act 
of the true interest of all, without discrimination or regard to par- 
ticulars, who may be no tool to nurse factions, & divisions, nor to 
propale the Town's secrets, nor to discover the defects of the 
Inhabitants rights, nor to be interested in persons who carry on 
interests very different from the Good Town's; And for whom in 
your prudent choice & election, the Inhabitants may hereafter occa- 
sion to bless God for your prudent conduct & advertencie, than to 
curse you for your imprudent choice & precipitation. But pray 
take notice of what you are doing, for upon your manages does 



11. Locus poenitentiae. (Room for repentance, an opportunity to change one's 
mind or course of action.) 

12. Ex ipsa res jurantis seu spondentis mente. (By the very mind, i.e., 
intention, of the person swearing or promising things.) 



APPENDIX C. 281 

depend the good or ill success of the public. Et piusquam facto 
opus estP 

Sir, I hope your candid & serious concern for the public 
will, as hitherto has been, be further evident in all your actions on 
that score. But finding my writing runs over the bounds of a letter, 
for which I beg pardon, I shall only subscribe myself, 

Sir, 
Yours, &c., 
April Anno 1704. 



13. Sallust, Catiline, cap. i. Priusquam incipias consulto, et nbi consulueris 
mature, facto opus est. (Before you begin is the time for reflection, and when 
you have fully reflected, then is the time for action.) 



285 



INDEX. 



This is a full index of all places and names in the book. But when a 
genealogical note deals exclusively with a family, the names of the members 
of that family recorded there do not figure in the Index. A reference to the 
note is given in the Index in italics under the name of the family. The Index 
does not cover the pedigree charts. 



Aaron of York — 112. 
Abirbrothoc Abbey — 134. 
Abircrombie, John — 213. 
Abisatland, lands of — 193. 
Abyndon, Mag. Richard de — 223. 
Achanskeoch, owners of — 32. 
Achesone, Cuthbert — 267. 

— , Ozie — 267. 
Achintralt — 1 20. 
Adair, Major — 119. 
Adam, Magister— ^, 134. 

— , son of Henry — 134. 

— , the miller — no. 
Adamson, John — 127. 
Advocate, King's — 50, 66, 73, 166. 
Affleck, Alexander — 169. 
Agnew of Lochnaw — 154. 
Ainsworth, Robert — 20. 
Aitherney, lands of — 105. 
Aitken, James — 171. 

— , John Carlyle — 7. 
Akenhead, David — 59. 
Alan, Son of Emma — 134. 

— , son of Rolland — 219. 

— , son of Walter — 218. 
Albany, Duke of — ^209. 
Alexander, Sheriff — 60. 
Almagill, lands of — 197, 200. 
Alneto, Thomas de — 8. 
Alves, William — ^205. 
Amuligane (Ameligane), George — 233. 

— , John— 234, 262, 265. 

— , Thomas — 227. 
Anderson, Sir Herbert — 240. 

— , Homer — 206. 

— , James — 243. 

— , Roger— 229, 231. 
Androsone, Cuthbert — 227. 
Angus, Earl of — 94. 
Annan — 21, 28, 184, 254. 

— , the river, 30, 120. 

— , teinds of — 201. 



Annand, John — 139. 
Annandale, James Earl of — 96. 

— , (Murray), the Lord — ^32. 

— , Marquis of, 48. 

— , William, Marquis of — 38, 
Anworth, parish of — 182. 
Arbij lands, lands of — 26, 30. 
Archibald, Dr. George — 5, 81, 99, 144. 
Archebaldson, Cuthbert — 268. 
Arkleton, lands of — 193. 
Armstrong, Sandy — ^209. 
Arnot of Ferny, Robert — 184. 
Arplyn, David — 1 1 . 
Athole, Duke of — 26, 28. 
Auchencreith (Achencrafe) — 8, 47, 84^ 

194. 
Auchinleck, William — 187. 
Auchenlossan, heir of — 37. 
Auchmarr, lands of — 176. 
Author, Mine — 30, 35, 64, 77, 88, 89, 

III 
Avelinus, in Dumfries (1290) — 221. 
Ayr — II, 152. 
Ay ton, John— 135. 

Ballimness (Ayrshire), lands of — 122. 
Balliol, John de — 176. 
Ballone, lands of — 184. 
Bannachtie (Fife) — 184. 
Bar, laird of — 199. 

— , John de — 223. 
Barbour, Schir Fergus — 230, 231. 

— , Mr. James — 119, 141, 149, 210, 
213. 
Barclay, bailie — 81. 

— , Mr. Hercules — 236. 

— , Mr. Thomas — 236. 
Barjarg, MSS., fate of— 6. 
Barncailzie — 6. 
Barras, Adam — 262, 263, 264. 
Bartane, Robert — 187. 
Bass Rock, the — 147. 



284 



INDEX. 



Batie (Bate, Baty), Andrew — 242, 243. 

— , Jonet — 246, 271. 

— , John — 107, 241, 245, 246. 

— . Schir John — 238. 

— , Michael — 240. 

— , Robert — 179, 249. 

— , Thomas — 244, 246. 

— , William — 242, 243. 
Bautie, Will — 130. 
Beaton, Cardinal David — 118, 139. 

— , Archbishop James, 118. 
Beaumont, Dame Elizabeth — 201. 
Beir, Schir John — 240. 
Bek, Gilbert — 242. 
Bell, Andro — 67, 209. 

— , George baxter — 164. 

— , John — 262, 263, 264, 265, 266, 
267. 

— , William — 267, 268, 269, 270. 
Bellamont, Cardinal — 36. 
Bennett, William — 5, 
Berbek, John — 267. 
Berkele, Walter de — 218. 
Betwixt the Waters, lands of — 226. 
Birkmyr, Herbert — 179, 182, 214, 248. 

— , Michael, 227. 
Birkmyre, Catharine of — 228. 

— , Katharine — 1'89. 
Byrkmyre, John — 234. 
Bishop, David — 78. 

— , John — 67. 
Bittecourte, John de — 223. 
Black Saturday — 215. 
Blackball (Perth)— 184. 
Blackstok, Mariot — 236. 

— , Martin — 236. 
Blyth, William— 245. 
Bodha, Alan de — 134. 
Bonar, Mr. David, parson of Stra- 

brok — ^237. 
Bondbi, Patrick de — 227. 
Bonnerlands — See Bourlands. 
Bosch', William de — 218. 
Boulton, Adam de — 11. 

— , John de — 11. 
Bourdon, John, Sheriff of Berwick — 

102. 
Bourlands, lands of — 121. 
Boyd, Earl of Arran — 176. 

— of Badenheath, Margaret Lady 

— 176. 

— of DuncoU, Sir Alexander — 176. 

— of Kilmarnoch, Sir Thomas — 
176. 

— . Sir Robert — 176. 

— , Robert — 107, 176. 

— , William — 176. 
Boykin (Eskdale) Chapel — 196. 
Boytath — 21, 173. 

— , laird of — 73. 
Branthwat (Cummertrees) — 197. 
Brattane, Tnomas — 267. 



Breck (Brek), Gilbert, Chaplain — 230. 

— , James — iii. 
Brecnach, Gilcudbricht — 217. 
Breda, Treaty of — 185. 
Brewers, the — 49. 

— , mob of (1718) — 50. 
Bristou, William de — 219. 

— , (Bryce, Brise), Schir James — 
136. 
Brice, Schir John — 236. 

— , John— 175. 

— , Mag. Peter — 136. 

— , William — 186, 234. 
Bryce, family of — 180 (N. 74). 
Brocklerig, lands of — 120. 
Broghill, Lord— 185. 
Broun (Brown), Schir Adam — 137. 

— , Cuthbert — 248. 

— , James — 148, 211, 244. 

— , William — 225, 226. 
Broustar, Thomas — 226. 
Bruntscairth (Brunscayth), lands of — 

8, 47, 84, 131, 194. 
Brus (Bruce), Adam de — 112. 

— , Christiana — iii, 115. 

— , Edward — 168. 

— . Elizabeth de — 115. 

— , Margery — 114. 

— , Peter de — 112. 

— , Robert de — 113, 218. 
Bryson, Mr. James — 136. 
Buccleuch, Anna, Countess of — 143. 

— , Walter, Master of — ^206. 
Buchanan, George — 87, 100, 133. 
Burgo, Walter de — 220. 
Burnet, Mag. William — 138. 
Burnside, Dr., Minister of the New 

Kirk — 5, 100, III. 
Burns Work — 20. 
Burrow Aikers, the — 21. 
Bushby, John — 131. 

Calais, staple of — 208. 
Callan, James — 214. 
Caly, George — 208. 
Cambok, Robert de — 222. 
Campbell of Loudoun, Hugh — 124- 

— , Mr. George — 38, 146. 

— , Mr. John — 162. 

— , Mathew — 124. 
Cancia, Thomas de — 219. 
Cannisbie, parson of — 236. 
Car, Thomas — 136. 
Carberry, lands of — 105. 
Cargane Water — 107. 
Carlaverock, Chaplain of — 104. 

— Castle— 118. 

— . Kirk of— 135, 183. 

— , Kirklands of — 104. 

— , lands of — 33, 102, 116, 142, i88. 

— , teind sheaves, 198. 

— , Ada de — 167. 



INDEX. 



285 



Carliol, Edno de — 167. 
Carlisle — 11, 12, 13, 21, 28, 102, 195, 
210. 

— Castle — 185. 

— , Robert, Archdeacon of — 219. 
Carlile, John Lord (i486) — 92, 177. 

— , Michael Lord — 105, 173. 
Carlyle (Carlile) 

— , Agnes— loi, 173, 204. 

— , Gavin — 82. 

— , James— 173. 

— , Janet— 173. 

— , John— 173, 235. 

— , Margaret — 173. 

— , William— See Boytath. 

— J William — 72, 171, 173, 187. 
Carnsalloch — 47 . 
Carnwath, barony of — 124. 
Carnys, John de — 195. 
Carrie, Sir Gilbert de — 114. 
Carruthers of Holmains — 201. 

— , Simon of Mouswald — 92. 

— , Adam — 226. 

— , George — 240. 

— , Janet — 97, 163. 

— , John— 9, 234, 238, 239. 

— , Schir Marc — ii6, 118, 158, 241. 

— , Mag. Roger— 135. 
Carse, the haven of — 26. 
Carsone, John — See Corsane. 
Cassillis, Earl of — 181. 
Castle Eden, lands of — 112. 
Castlemylk, rector of — 231. 
Chad, Gilla — 219. 
Chalmers, William — 213. 
Chapelhill (Bankend — 116. 
Charteris (Chairtouris), family of — 76 

— of Kelwode, George — 123. 

— of Kelwode, James — 123. 

— of Kelwode, Robert — 123, 130. 

— of Windehills, John — 123. 
— , Janet — no. 

— , Sir John — 95. 
Chenai, Ricardus de — 219. 
Chilston, Viscount — 131. 
Christ's Hospital — 166. 
Cicestria, Peter de — 223. 
Clacmannan — ^219. 
Clapperton, Dr., of Lochmaben, 6. 
Clark, bailie— 88. 

— , John, sen., writer — 15. 
Clerkslands in Dalswinton — 176. 
Claverhouse — i 59. 
Cleghome, George — 206. 
Clerk, John, tailor — 171. 

— , Margaret — 180. 
Clifford, Robert de — 114. 
Closebum, laird of — 73, 252. 
Cluden, lands of — 175, 202. 

— , Water of — 74. 

— Waulk Miln — 174. 

Cock, Mr. Edward— See Sir E. Coke. 



Cockermouth — 28. 

Cocklaw, lands of — 127. 

Cockpool — 30. 

Coke, Sir Edward — 23, 87, 102. 

Coldingham, Abbey of — 236. 

— Commendator of — 236. 
Colinhathrig — See Conheathrig. 
Colliston's Act — 70, 170. 
Colvend, parish of — 30. 

— , teind sheaves — 198. 

— , Richard, parson of — 219. 

— , vicar of — 233. 
Colvill, Thomas de— 8. 
Colyear, Sir David — 164. 
Comlongan — 30. 

Comyn (Cumin), W. Earl of Buchan — 
218. 

— John— 25, 33, 167. 
— , Sir John — 176. 

— , Sir Robert (1305)- 33. 
Conheath, laird of — 116. 

— , lands of — 199. 
Conheathrig, lands of — 197, 199, 200, 

226. 
Conhethe, Malcolm — 121. 
Coningholme, lands of — 106. 
Connelsoune, Thomas, notary — 235, 

241, 244, 245. 
Copland (Coupland, Coipland), Wil- 
liam of Collision, provost — 60, 
7S> 78, 79. 83. 
— , Agnes — 271, 272. 
— , James — 248. 
— , John — 180, 187, 214. 
Corbet, provost — 50. 
— , bailie — 213. 
— , John — 187. 
— , Robert — 109, 
Cordonar, Adam — 225. 
Corry (Corrie) of Kelwode, family of 
—121 (JV. so). 

— of Kelwode, George — 122. 

— of Kelwode, Thomas — 122. 

— of Newby, Herbert — 122. 
— , George de — 122. 

— , George, innkeeper — 165. 

— , Joseph — 107. 

— , Thomas de — 122. 

— , bailie — 67. 

— , provost — 98, 
Corrie, Miss — 122. 
Corsan, Adam — 161, 186, 248, 249. 

— , Agnes — 161. 
Corsane, Dom. Thomas — 135. 

— , (Corsan, Corsen), family of 

—77= 195 {^- ^')- 
— , John— 89, 120, 130, 139, 152, 

154, 172, 17s, 179, 181, 182, 186, 

187, 204, 215, 239, 247, 248, 249, 

258. 
— , Mr. John, of Bardannoch — 72, 

171. 



286 



INDEX. 



Corsane, Patrick — 225, 227. 

— , Thomas — 161, 245. 
Corsanes of Barndarroch, townhouse 

of— 32. 
Corsockwood — 146. 
Corsell, John — See Corsane. 
Cossincon — 335. 
Coulter, family of — 76. 

— , Mathew— 88. 
Coupan, John — 209. 
Coutts, James — 99. 

— , John— 99. 
Cowbistoun, lands of — 124. 
Cowhill, lands of — 177. 
Cowrick, Thomas — 144. 
Cragincalye (Ayr), lands of — 122. 
Craiginnie — 6. 
Craigs, lands of — 30, 85, 121. 

— , Barnkein of — 131. 

— , Burnfoot of — 131. 

— , Hightown of — 131. 

— , Place of — 132. 
Craik, family of — 78. 

— , W. of Duchrae, provost — 50, 51. 

— , William of Arbigland — 79. 

— , John — 171. 

— , Marion — 161. 

— , Robert — 161. 

— , William — 161, 175, 187. 
Cranstoun, Sir William — 142, 182. 
Crawford (Crauforde), of Kers, Bar- 
tholemew — 1 24. 

— of Kers, David — 124. 

— of Kers, John — 122. 
— , Adam — 122. 

— , Asplanus — 122. 

— , Christina — 122. 

— , Duncan — 124. 

— , Fergus — 122. 

— , George — 122. 

— , James — 122. 

— , Roger — 122. 

— , Robert — 122. 

— , Schir Thomas — 124. 
Crevequer (See Troqueer) — 218. 
Crew, Helens — 237. 
Crichton of Crawfordton, John — 202. 

— of Innernytie, John — 184. 

— of St. Leonard's, James — 193. 
— , Elizabeth — 163. 

— , Ninian — 77. 

— , Sir Robert — 163. 

— , Sophia — 202. 
Crechtoun, Schir John — 138. 
Criffell— 20. 

Crocket, Gilbert — 2, 53. 
Cromwell, Oliver — 37. 
Crosby (Crosbie, Corsbie), family of 
— 167 (A'. 62a). 

— , provost — 50, 64, 67, 80, 98. 
Corsby, John — 251. 
Crustanis, lands of — 247. 



Cuke, Marion — 183. 

Culnehath, Sir Richard de — 121. 

— , Thomas de — 121. 
Cultre, rector of — 135. 
Cumlechan, vicar of — 195. 
Cummok, vicar of — 124. 
Cummertrees, lands of — 122, 167, 253. 
Cunningham, Sir David — 80. 
Cunninghame, townhouse of — 32. 
Cunynghame, family of — 77, 158, 18? 
(A^. 79)- 

— of Conheith, Cuthbert — 140. 
— , Adam — 108. 

— , Agnes — 249. 

— , Andrew— 244, 245, 246, 249. 

— , Catharine — 246. 

— , Cuthbert — 117, 175, 186, 248. 

— , David— 230, 233, 236, 238, 239, 

241. 
— , Halbert — 186, 244. 
— , Herbert— 108, 172, 175, 186, 235, 

236, 237, 242, 243, 246, 249, 256. 
— , Hugh— 243. 

— , James— 162, 171, 187, 250, 258. 
— , John — 187, 240, 249, 258. 
— , Marion — 244. 
— , Robert — 172, 175, 248, 249. 
— , Thomas — 230, 233. 
— , William, bailie — 209, 227, 230, 

231. 23s. 259. 271, 272. 
— . William, son of John — 242. 

Dacre, Lord — 209. 
Dalfibble, lands of — 94. 
Dalgarnock Holmis — io6. 
Dairy, minister of — 146. 

— , parson of — 240. 
Dalscairthwood — 85. 
Dalswinton, lands of — 176. 
Dalton, parson of — 139. 
Dalzell (Dalziell), Sir R. of Glenae— 
96, 207. 

— of Fairgirth, John — 161. 
— , Capt. John — 159. 

— , Master Ninian — 136. 

Dergavels (Dargavels) — 8, 47, 13J, 

. 193- 
Darien Scheme — 60, 163. 

Davidson, Janet — 179. 

— , John — 262, 264, 265, 267, 268, 
269, 270. 

— , Robert— 238. 

— , William, 267. 
Davison, Thomas — 226. 
Dempster, Agnes — 160. 

— , Elizabeth — 160. 

— , Isabell — 160. 

— , Mr. John — 160. 
Derby, Earl of— 26, 28, 109. 
Derman — 8. 
Dernington— 218. 



INDEX. 



287 



Dervorgilla— 33, 53, 133, 150, 195, 197. 
Dickson (Dicksoun), Herbert — no, 

147. '79. 250- 

— , Mathew — 179, 186, 244, 248. 

— , Thomas — no. 
Dinwidi, Juone de — 167. 
Dinwoddie, Oliver — 193. 
Dirleton, Lord of (Maulaye) — 102. 
Dod, James — 88. 
Doddj William — 213. 
Dolme, John de la — 223. 
Donaldson, John — 166, 169, 213. 

— , Simon — 227. 

— , William, 232. 
Dornadilla — See Dervorgilla. 
Dornagittis, lands of — 193. 
Dougan, John — 226. 
Douglas of Drumlanrig — 154. 

— Elizabeth, Lady Nithsdale 

—35- 
— , W. of Nithsdale — 100. 
— , Sir W. of Nithsdale — 100. 
— , James Lord Toijthorwald — 197. 
— , Archibald, Earl of — 135, 195. 
— , James, Earl of — 151. 

— of Kelhead, Sir Charles — 131. 
— , Archibald — 261. 

— , Egidia — 100. 

— , Lord George, 163. 

— , Sir George — 236. 

— , Heron Bank — i6i. 

— , Jean — 159, 202. 

— , Katharine — 92. 

— , Lady Lucy — 37. 

— , Dom. Robert de — 173. 

— , Robert — 254. 

— , Sibylla — 162. 
Dowlarg Wodheid, lands of — 182. 
Drokensford, John de — 223. 
Dornoch, rector of — r24, 230. 
Drumcow (Suthik), lands of — 176. 
Drumganes, lands of — 199, 201. 
Drumlanrig, the Lord — 32. 

— , Marquis of — 78. 
Drumsteit, barony of — 198, 247. 
Dryfesands, battle of — 94. 
Drysdale, lands of — 167. 
Dumbarton, derivation of — 100. 
Dumfries, Acts of Council — n, 83, 164. 

— , Altar of B.V.M.— 137. 

— , Altar of the Haliblude — 138, 
189, 228, 235. 

— , Altar of St. Andrew — 138. 

— , Altar of St. Anna — 137. 

— , Altar of St. Gregory — 116, 

137. 158. 230. 
— , Altar of St. John the Baptist — 

'38. 
— , Altar of St. Nicolas — 137, 158. 
— , Altar of St. Ninian — 138. 
— , " a Loreburn " — 182. 
— , Archdean's Croft — 240. 



Dumfries Backraw, the — lo, 244. 

— Bailies, origin of — 12. 

— Bark miln — in. 

— Barnraws, the — 69. 

— Barnraws, the Back — 144. 

— Barnraws, the East — 24, 31, 38. 

— Barnraws, the West — 23. 

— Barkerland, lands of — 56, 225. 
— , Barcarland myres — 249. 

— , Bells of — 32. 
— , Blackfurd ford — 226. 
— . " Black Saturday "—89. 
— , Bonnetmaker Trade — 174. 

— Bowling Green, the — 25, 33, 34, 

S3- 

— Braidmyre — 180. 

— Brewery, the — 56, 60. 

— Brick Kilns, the — 24. 

— Bridge, the — 22, 24, 66, 84, 89, 
91, 150 {iV. 47), 163, 193, 214, 
224, 233, 256, 259, 260. 

— Bridge Customs, the — 53, 56, 

108, 151. 

— Bridge Dues — 154. 

— Bridge Ports — 152. 

— Brigmaster — 203, 248. 
— , Brigend — 227. 

— , Brigend Miln — 198. 

— Burgess fees — 34, 152. 

— Burgess Tickets, complimentary 
— 62. 

— Burgess Roll — 4. 

— Burrow Aikers — 56. 

— Burrow Officers — 43, ! 
— , Calvert's Vennel — 87. 
— , Cassalands — 191. 
— , Castle of — 8, 223. 
— , Castle Close — 143. 
— , Castle Street — 106. 
— , Castle yard — 144. 
— , Castledykes — 25, 81, 

108, 189, 195, 203. 
— , Castledykes Moat — 106. 

— Catsrand, the — 24. 

— , Chapel of Castledikis — 8, 235. 
— , Chapel of St. Andrew — 183, 

24S- 

— , Chapel of St. Gregory — 125. 

— , Chapel of St. Lawrence — 132. 

— , Chapel of St. Nicolas — 241. 

— , Chapel of St. Thomas — 134. 

— , Chapel of the Willeis — 23, 102, 

107, 224, 229, 232, 233, 239. 

— , Chapel of W. Hawisson — 226, 

235- 
— , Chapel Caul — 108. 
— , Chapelhill, the — 21, 57. 
— , Chapelside, the — 116, 231. 

— Charity School — 119. 

— , Charters of — 10, 19, 23, 77, 99. 
— , Charters of inventared — 4, 19. 
— , Church Crescent — 106. 



205. 



91, 107, 



288 



INDEX. 



Dumfries, Crystal Chapel, the — lo, 

31, 85, III. 
— , Clerkhill, the— 232. 
— Coffee house, the — 23, 57, 161, 

(N. 4g). 
— , Commissary of — 142, 179, 184, 

193, 205. 
— , Conhethbrae lands — 191. 
— , Conhuith (Troqueer) — 191. 
— , Consistorie Chamber — 159. 
— , Constable of — 8, 223. 
— , Convention of Burrows — 88. 
— , Convention o f Burrows, Com- 
missioners to — 75, (A'. y$). 
— , Conveener of Trades — 251. 
— , Corberry Hill, the — 20. 
— , Courts of — 70, 86. 
— , Crafts, The Incorporated — 2, 3, 

19. 48, 72, 73. 174- 
— , Crukit Akyr — 189, 232, 235. 
— , Cumin's Holm — See Kingholm. 
— , Cunynghame Aisle — 140. 
— , Cunynghame Water — 108. 
— , Curate of — 118. 
— , Customs of — ^App. B, 45, 255. 
— , Custiimar of — 12, 117, 261. 
— , Deadman's hurst — 56. 
— , Dean of Guild — 63, 64, 68, 72, 

73, 134, 169, 179, 180, 248. 
— , Derivation of — 20, 90, 99. 
— , Dock, the — 24, 56, 8i. 
— , Dovecote croft, the — 81. 
— , Duchrae's Water — 108. 
— , Dyer's Trade — 173. 
— , Ecclesiastical lands — 137, 183, 

199. 
— , Election (1622) — 72, 75, 171. 
— , Election (1686) — 163, 250. 
— , Excise on Ale — 40, 49, 50. 
— , Fairs in — 247. 

— Fish Cross, the — 10, 21, 31, 117, 
162, 166. 

— , Fires in — ^44, 80, 87, 205, 208, 

(N. 92). 

— , Fleshers, mob of (1706-7) — 48. 

— Flesh mercat, the — 23, 77. 
— , Fleschstokis, the — 249. 

— Franciscan cemetery — ^35, 235. 

— Franciscan Kirk — 141, 241. 

— • Franciscan Monastery — 25, 31, 

33. 35. 36. 48. 52, S3. "8, 132, 

'4'. 147. '5°. '68, 210. 
— , Friarhauch — 189. 
— . Friar lands — 4. 
— , Friars mails — 152. 
— , Friars Minor — 107, 179, 183, 

190, 194, 199. 
— , Friars Vennel, the — 23, 33, 53. 

85, 87, 88, 106, 214, 234. 
— , Friars Yard — 141, 146. 
— , Frisians at — 13. 
— . Galloway gait, the — 233, 234. 



Dumfries, Gallowrig— 179. 
— , Gibbie's Close — 146. 
— , Glovers Trade — 173. 
— , Gaoler, the — 43, 213. 
— , Golf in — 106. 
— , Greenbrae — 206. 
— , Greensands, the — 22, 24, 57, 85, 

108, 166. 
^, Greneham — 134. 
— , Greyfriars Church — 144. 
— , Hairstanes Close — 58. 

— Harbour — 49, 51. 

— , Haugh lands — 57, 144. 

— , Hermitage of St. Laurence — 

126, 132. 
— , High Haugh, the — 85. 
— , Hoill acre — 179, 235. 

— Horse Course, the — See Stoupe. 
— , Horse Miln — See Breweries. 

— , Horse Racing — 85, 206. 

— , Howesoun's Rent — 139, 237, 240. 

— , Isle Steppes, lands of — 147. 

— , Kelton Spring — ^226. 

— , Kelton's Ludgeing — 120. 

— , Kerwyn Terrace, 106. 

— , Kingholm, 24, 106. 

— Kirk, the old— See St. Michael's. 

— Kirk bell — 120. 

— , Kirkgate, the — 24, 239. 

— , Kirklands — 139. 

— , Kirkland Moat, the — 20, loi. 

— , Kirkmaster — 239. 

— , Kirk plate — 136. 

— , Kirksession, the — 119, 173. 

— , Kirkstreit — 209. 

— , Kirkstyle, the — 119. 

— , Kirkyard — 90 

— , Knights Hospitallers in — 7. 

— , — , Warden of See Friar 

Lindesee. 

— . "Lady Place"— 137. 

— , Langholme — 226. 

— , Lanerk's Close — See Hair- 
stanes. 

— , Langlands, the — 85 

— , Laripotts, the — 104, 183. 

— , Liggzet Slappe— 239. 

— , Lochend, the— 85. 

— , Lochmabengate, the — aa, 31, 88, 
116, 120, 138, 182, 232, 238, 240, 
245. 

— , Lochmabengate Port, the — 24, 
31, 84, 116, 120, 237. 

— , Lordburn, lands of — 108, 189, 
229, 232, 243, 246. 

— , Macbrair Aisle — 140. 

— , Magasine of — 148. 

— , Mains, lands of — 199. 

— , Maltster Trade — 74, 174. 

— Markets, the— 9, 24, 43, 63, 65, 
169. 



INDEX. 



289 



Dumfries Market Cross — 9, 20, 21, 23, 
38) 44. 55. 60. 85, 149. 162, 241. 
— , Mass in— 87, 192. 
— , May Plays in — 34, 141, 182. 

— Meal Mercat, the — 56, 65, 81. 
— , Meeting House in — 38. 

— , Middlebie's water — 108. 

— , Midraw, the — 23, i6o, 161, 229, 

231, 249. 
— , Midsteeple, the— 23, 32, 45, 47, 

62, 162, 168. 
— , Mills of— 4, 29, s6, 57, 80. 
— , Millburn, the — 8, 9, 104, 233, 

239- 
— , Millburn Bridge, the — 23, 120. 
— , Milldam, the — no, 232. 
— , Mildamhead — 29, 56, 103, 111. 
— , Millgait — 138, 236, 240. 
— , Millhole, the — 239, 240. 
— , Milnhead — 47. 
— , Milnhole Mill— 24, 29, 80, 88, 

no, 199. 

— Millerlands — 183. 

— , Moat hill, the — 21, 22, 23, 24. 
— , Moatlands, the — 85, 88, 100, 106, 

241. 
— , Moatlands, ecclesiastical — 101. 
— , Monastic lands in — 7. 

— Mortifications — 41 . 

— . Netherwood, Nether — 226. 

— , Netherwood, Over — 226. 

— , New Kirk, the— 33, 48, 51, 53, 

85, 144, 164. 
— , Newtown — 181, 189, 233. 
— , Newwark, the— 9, 55, 59, 138, 

158, 229, 231, 241. 
— , Nunland — 104. 

— Officers, the— 63. 

— Officers' salaries — 63, 164, 256. 

— Outfield viccarie, the — 139. 

— Overseer — 64, 165. 

— Parish clerk; — 138. 

— , Parliament at — 23, 102. 

— Parliament, Commissioners to^ 
75. 175- 

— , Picture of (1593) — 7. 
— . Pikit Cross — ^232. 

— Pit, the— 43. 

— , Plague in — 211. 

— Plattercroft — 193. 

— Pledge Chamber — 148. 

— Pledge House, the — See Prison 

— Pinfallburn, the — 108. 

— Port, Knights of the — 40, 109. 
— , Ports of — 10, 21, 23, 24. 

— , Powsonce, the — 107. 
— , Presbytery of — 42. 

— Prison, the— 43, 48, 147, 148, 
164, 168, 201, 213, 243. 

— , Provosts of — n, 152, 159, 160, 
163, 177, 186, 190, 204, 2n, 215, 
270, 271. 



Dumfries Quarrelcroft — 193. 

— Quarries — 29, 56, 62, 67, 168 
— , Queensberry Square — 161. 

— , Rassell Dub — 120, 238. 

— , Rottenraw, the — 9, 228. 

— , Rawling's (John) Close — 137. 

— , Revenues of — 56, 63, 79, 164, 

255- 
— , Riding of the Marches, the — 

85- 
— , Rig s Chapel — See Chapel of 

the Willeis. 
— , Rising in (1568) — 87, 207. 
— , Roodfair, the — 65, 213. 
— , Roma's Close — 32. 
— , Rude House, the — 138. 
— , Ruid Service — 240. 

— Ruinous buildings — 76, 188. 
— , Ryallscroft — 199. 

— , St. Andrew's Street — 106. 
— , St. Blaan's Church — 134. 
— , St. Grigor's Place — 137. 
— , St. Ninian's Service — 238. 
— , St. Mary's churchyard — ng. 
— , St. Michael's Kirk, 20, 22, 23, 

34. 47. 57. 77. 82, 133, 134, 

(A'. 34), 152. 
— , St Michael's, burials in — 139. 
— , St. Michael's Cemetery — i, 7. 
— , St. Michael's, disturbances in — 

140. 
— , St. Michael's, minister of — 146. 
— , St. Michael's, reader of — 139, 

159. 
— , St. Michael's, stipend ojE — 47. 
— , St. Michael's, Taylors loft, the 

—34- 

— Salmon fishings, the — 25, 107. 
— , Sandbeds, the—eg. 

— , Sandbedmylne — 137, 259. 
— , Scabbed Isle — 56. 

— School, the — 85, 183. 

— Schoolhouse, the — 21, 57. 

— Schoolmaster, the — 65, 147. 
— , Seal of — 12, 186, 204. 

— , Sett of — 72, 74. 

— , Sheriff of — 121. 

— , Sheriff clerk — igo, 193. 

— , Sheriff depute — 122, 190, 201, 

202. 
— , Sheriff's gloves — 66, 166. 
— , Sheriff's Green — 239. 
— , Shipping— 24. 
— , Shoemakers' Trade — 173. 
— , Silver Gun, the — 85. 
— , Silver Muck bell — 85, 206. 
— , Sinclair's Vennell — 106, 239. 
— , Smuggling — 26 ei sequa, 109, 

no, 253. 

— Snuff miln — in. 

— , Sowtergait, 23, 193, 232. 

— , Spittlefields, lands of — 8, 199. 



290 



INDEX. 



Dumfries, Stinkfurde — 227. 
— , Stinking Vennel — 102, 104. 
— , Stoupe, the — 30, 85, 206. 
— , Strait£urde^i4i. 

— Temple lands — 145, 146. 

— Thatched roofs — 61, 164. 
— , Thieve's Hole — 43. 

— Tolbooth, the— 9, 32, 43, 44, 147, 
148, 158, 161, 162, 171, 182, 186, 
240, 242, 246, 252. 

— Townhead, the — 22, 23, 69, 84, 
88, 238. 

— , Townhead hill— See Moat hill. 
— , Townhead Port — 106, 236, 246, 

=57- 
— , Townhead Street — 106. 
— , Town Clerks— 3, 4, 70, 71, 77, 

148, 156, 162, 163, 170, 172, 186, 

189, 192, 204, 271. 
— , Town Clerk's Chambers — 43. 

— Town Hall, fire at — 4. 
— , Trades tenement — 160. 

— , Treasurer of — 63, 64, 190, 244, 

248, 249. 
— , University in — ^39. 
— , Vennel leading to the Nith — 225. 
— , Vicars of — i8i, 195 {IV. j^). 

— Vicarage lands — 120. 
— , Wages in — 69, 169. 
— , Waulk Miln — m. 

— , Waulker Trade, the — 74, 174. 
— , Walls of — 10. 
— , Wells in— ^5, 165. 
— , Wetslakis, lands of — 199. 
— , Whitesands, the — 24. 
— . Willie Pule — 107. 
— . Wolf gill— 131. 
— , Yairdheids, the — 139, 232. 
— , Yellowhair Furd — 107. 
Dumfries (Crichton), the Lord — 32, 

— , Mag. John de — 177. 

— , John of— 17s, 177. 
Dumfriesshire, British tribes in — 20. 
Dunbredan, Robert — 219. 
Dunbar, Patrick de. Earl of March 

— 23, 102. 
Duncoll, lands of — 202. 

— , William de — 175, 176. 
Dundee, Convent at — 150. 
Dundrennan, Galfrid, abbot of — 219. 
Dunegal of Stranith — 134, 217. 
Dunfermline Abbey — 105. 
Dungalsoun, Roger — 240. 
Dunkowe, Schir William— 177. 
Dunreggane, lands of — 104. 
Dunskey, Place of — 196. 
Duns Scotus — 33, 133. 
Durand, John — 225, 227. 
Durandus, the Official — 219. 
Durham, Richard, bishop of — 112. 
Dursquhen, lands of — 198. 



East Linton (Yorks.) — 114. 
Eden, the river — 30. 
Edgar (Edzer, Edzar) of Elshie- 
shields, Theodore — 2, 15, 97. 

— of Laghall, Thomas — 50, 213. 
— , Agnes — I, 

— , Clement — 244. 

— , Edward — 204, 261, 265, 266, 267, 

269, 270. 
— , Helen — 246. 
— , Henrietta — 2. 
— , Isobel — 204. 

— , James — 262, 263, 264, 266, 267. 
— , John— I, 158, 225, 226, 241, 

270. 
— , Dom. John — 104, 183. 
— , Joseph — I. 
— , Margaret — i, 2. 
— , Marion — 2. 
— , Martin — 237. 
— , Mary — i. 
— , Patrick — 236, 239. 
— , Robert— I, 15, 97, 144, 163, 234, 

244, 248. 
— , William — i, 149, 242, 261, 265, 

267, 268, 269, 270. 
Edinburgh — 68. 

— , the Castle — 22, 118. 

— Market Cross — 200. 
— , old Kirk of— 38. 

— , Tolbooth of — 147, 172, 192. 
Elidun of Glengae, John — 107. 
EUame, Alexander — 250. 
Elshieshields, lands of — 2, 91. 
Elwands, William — 238. 
Emma, mother of Alan — 134. 
Enerlethane, vicar of — 195. 
Erskine, Robert Lord — 178. 

— of Barjarg, Charles — 144. 
Ervinus — 217. 

Esby, lands of — 2, 92. 
Esk, the river — 30. 
Eskdale, five Kirks of — ^205. 
Ewart, bailie — 79. 

— , provost — 98. 

— , John — 261. 

— , Patrick— .95. 
Eyrnmannach, lands of — 189. 

Falconer, Sir Alexander — 194. 
Farkar, William — 227. 
Felton, Robert de — 115. 
Fergus, son of Mathew — 197. 

— , Lord of Galloway — 218. 
Ferguson (Fergussone), Andre— 8. 

— , Duncan— -8, 

— . Patrick— 8. 

— , Thomas — 147. 
Fergusson of Craigdarrach, Dame 
Elizabeth — 226. 

— of Craigdarrach, Thomas — 226. 



INDEX. 



291 



Fergusson, John — 117. 

— , Lare— 239. 

— , Sarah — i6a. 

— , William — 110. 
Fingass, William — 175, 187, 214, 251. 
Finlai, Thomas — 169, 226. 
Fischere, Herbert — 232. 
Fleming of Biggar, Malcolm —176. 

— , Leonard — 206. 

— , R. le — 221. 
Forrest, Thomas — 169. 
Forrester, John — 232. 
Forestar, Mariota — 245. 
Forsyth, James — 140. 
FouUarton, lands of — 121. 
Fraser, Simon — 102. 
Frude (Fruid), James — ^246, 266, 267, 
268, 269, 270. 

— , John— 243, 244. 

— , Mr. John — 117. 

— , Thomas — 244. 

— , William — 140. 



Gaitgilmakkilwernock (Borgue) — 195. 
Galloway, Christian, bishop of — 218. 

— , Robert, Archdeacon of — 219. 

— , Allan, Lord of — 33, 53. 

— , Lordship of — 151, 188. 

— , Huchown — 103. 

— , early laws of — loi. 
Gamalsby, lands of — 114. 
Garlies, Lord — 154. 
Garnsalloch — 8. 
Geargun, Michael — ^222. 
Geddes of Barnbaughle, John — 74. 

— of Barnbaughle, Ladie — 174. 

— of Glengotho, James — 117. 
-^, Alexander — 205. 

— , Sir William — 133. 

— , William, dyer — 173. 
Geddys, Thomas — 267. 
Gelstoun, laird of — 247. 
General Assembly, the — 17. 
Gib, William — 237. 

Gibson, Adam — 261, 262, 263, 264, 
267. 

-, D.-77. 

— , Elizabeth — i6i. 

— , James — 160. 

— , Robert — 77. 
Gibsoun, John — 171, 227, 248, 249. 
Gilchristus, son of Ervinus — 217. 

— , —217. 
Gilchrist, John, treasurer — 82. 
Gilhagy, Schir Thomas de — 225, 227. 
Gillespie, family of — 76. 

— , John — 242. 
Glaisters, lands of — 183. 
Glasgow, Gavin, Archbishop of — 118. 

— , Jocelin, bishop of — 7. 

— , Walter, bishop of — 134, 200. 



Glasgow Cathedral — n8. 

— , Official of — 135. 
Glassen, John — 265, 268, 269. 

— , Thomas — 261, 262, 263, 264, 265, 
266, 267, 268, 269, 270. 
Gledstanes, John, physician — 139. 

— , lands of — 124. 
Gledstanis of Craigs, townhouse of — 

32- 

— , family of — 124 (A'. s°)- 

— , Alexander — 32. 

— . Bessie — 103. 

— , Herbert, burgess of Kirkcud- 
bright — 9. 

— , Herbert — 138, 239. 

— , Schir Herfiert — 137. 

— , Mag. Herbert — 137, 230, 249. 

— , Schir James — 138, 241. 

— , John — 120, 138, 171, 179. 

— , Marc — 120, 138. 

— , Thomas — 138. 

— , William, burgess — 9, 119, 186. 
Glen, Alexander — ^204. 
Glencaple, lands of — 108. 
Glencorss, Homer — 107. 
Glencorse, Steven — 142. 
Glendining of Parton, Ninian — 189. 
Glengae, lands of — 107. 
Glenken, lands of — 176. 
Glenriddell MSS.— 91. 
Glessel, John — 263, 264, 266. 
Glover (Gluuer), Adam — 226. 

— , James — 236, 240. 

— , John — 236. 

— , Robert — 225. 

— , William — 236. 
Goldie, Alexander, writer — 4. 

— , John, Commissary, of Craigmuie 
— 6, 133. 

— , Thomas of Craigmuie — 2, 6. 

— , MSS.— loo. 
Goldsmycht of Chapell, John — 198. 
Goldsmyth, Michael — 226. 
Gordon of Castletown, Nathaniel — 
161. 

— of Lochinvar, James — 196, 198. 

— of Lochinvar, Sir R. — 196, 206. 
— , Adam de — 195. 

— , Mr. Alexander — 87. 
— , James — See Janet Reul. 
— , John — ^202. 

— , Roger in Haedland — 240. 
— , Roger — 186. 
Graham, family of — 77. 

— of Ingleston, William — 159. 
— , Reynold, of London — 56, 159. 
— , William — 56, 61. 

— , William, his son — 56. 
Grahame, Robert — 159, 187, 202. 
Gray, Andrew — 131. 

— , Thomas de — 115. 



292 



INDEX. 



Greir of Lag, Sir William — 172. 

— of Lag, Sir William — 154. 
— , Cuthbert — 171. 

— , Dom. John — 137. 
— , Lawrence — 193. 
Greirson, of Dalgonar, James — 204. 

— of Halidayhill, Cuthbert — 201. 

— of Lag, John — 198. 

— of Lag, Robert — 214. 
— ' of Lag, Roger — io6. 

— of Lag, William — 214. 
— , Agnes — 198, 200. 

— , John, dyer — no. 

— , Marion — 2, 97. 

— , Robert — 199. 
Greirsone, Andrew — 214. 
Greirsoun, Robert — 242. 
Grersone of Kirkbridryg, Gilbert — 
227. 

— , Annabell — 177. 

— , Gilbert — 227. 

— , Vedast — 227. 
Greyrson, John — 240. 
Greskine, land of — 92. 
Gretna — 218. 

— , Kirk of— 137. 
Grey, Walter — 240. 
Gnndergret, family — 7. 

— , Alicia de — 222. 

— , John — 222. 

— , Roger — 220. 

— , William de — 222. 
Grose, Capt. — in. 
Guisbro', canons of — 112. 
Guthrie, Robert — 214. 

Hairstanes of Craigs, family of— 32, 

47. "3 W- 30), 130- 

— of Craigs, Mathew — 201. 

— of Craigs, townhouse of — 32. 
— , Elizabeth— 9. 

— , Janet — 9. 

— , James — 9, 243. 

_. John— 9, 239, 271. 

— , Katharine, wife of John Max- 
well — 9. 

— , Marion — 9. 

— , Mathew — 32. 

— , Thomas — 9, 240. 
Haliday (Halieday, Halyday), family 
of— 182 (A^. 74)- 

—, John, 107, 138, 17s, 243, 245. 

— , Nicolas— 226, 232. 

— , Thomas — ^226. 

— , William — 229. 
Halieday, Mr. James— 175. 
Halyday, James— 243. 
Hamilton, Duke of— 78. 

— , Marquis of — 89. 

— , John Lord— 94. 



Hamilton of EUerschaw, John— 94. 

— of Finnart, Sir James — 124. 

— , (Hamyltoun), Christiane— 238. 

— , Edward — 191. 

— , James — 171. 

— , Mungo — 179. 

— , Robert de — 226. 

— , Castle — 199. 
Hanyng, Janet — 190. 

— , Thomas — 248. 
Harkhauch, lands of — 142. 
Harley, James, wright — 165. 
Hart, Mr. William — 245. 
Hartepool, Geoffrey de — 114. 
Hartfell, Lord- 185. 
Harvard University — 147. 

— , Rev. John — 147. 
Harworrd — See Harvard — ^41. 
Hawisson, William — 226, 235. 
Hay, Elizabeth — 184. 
Haya (Haia), John de — 218. 
Haya, William de, pincema — 219. 
Hend, Mag James — 136. 
Henderson, Mr. Hugh, minister— 38, 
146. 

— , Mr. Robert — 160. 

— , Rosina — 146. 
— , Herbert, 247. 
Henrisoun, Henry — ^247. 
Henry of Dumfries — 134. 
Hepburne, Mr. John — ^49, 240. 
Hepburn, Margaret — 126. 
Herbert of . . . burgess — 226. 
Hering of Glascune, Andrew — 184. 
Heriot, Mag. James — 136. 
Heron of Heron, Patrick — 160. 
Heroun, John — ^229. 
Herreis (Heres), Lord — 154. 
Herries (Heres), William Lord — 137, 
200, 248, 249. 

— of Butts, John — 81, 163, 170. 

— of Mabie — 182. 

— of Madinape, George — 176. 

— of Terreglis, Sir WUliam, town- 

house of — ^32. 

— , Archibald— 88, 212, 241. 

— , Sir David— 182. 

— , Margaret — 192. 

— , MatUda de — 167. 

— , Schir William — 199. 
Heyton, John de — 8. 
Hill, Eister — 200. 

— , Robert — 117. 
Hillis, lands of — 104. 
Hinderwell (Yorks.) — 112. 
Hirewine, R. de — ^217. 
Hodalm, Odard de — 113. 

— . Christiana de — 113. 

— , Hudardus de — 219. 
Hoddam, John^-94. 

— , Castle — 120. 



INDEX. 



293 



Hogson (Hudgeoun), Gavin — 179, 266, 

267. 
Hoip (Houp), Elizabeth — 106. 

— , William — 268, 269, 270. 
Holm Cultram, Everardus, Abbot of 
— 219. 

— , Robert, Prior of — 219. 

— , Register — 6. 

— , Abbey — 7, 220. 
Holmis of Nith, lands of — 106. 
Holworthy, Mathew — 147. 
Holywood Abbey — 175, 178, 195, 196. 
Hoppar, Janet — 105. 
Hopper, William — 267. 
Home, Thomas — 265, 266, 267. 
Horse-racing — 206. 
Houthatj lands of — 173. 
How, John — 232. 
Howard's Regiment, Lord — 185. 
Howchane (Heuchane, Hochane), 
Andrew — ^245, 248. 

— , Christopher, 237. 

— , John — 232. 

— , Mungo — 245. 
Howis, lands of — 92. 
Huddred — 219. 
Hugo, Maj. John — 136. 

— , son of Norman — 220. 
Huntar, Andro — 209. 
Hunter, ArundeU, W. F. H. of Bar- 

jarg— 6. 
Huntingdon, David, Earl of — 53. 

— , Margaret, his daughter — 53. 
Hutton, rector of — 197, 235. 
Hutton, MSS.— 6, 116. 
Hynd, John — 160. 

Inglis, Mr. H. R. 8.-157. 
Ireby, Christiana de — 113. 

— , William de — 113. 
Irvine — 149, 152. 
Irving, family of — 77, 217. 

— of Bonshaw — 197. 

— of Friars Carse, John — 163. 

— of Logan, John — 160. 

— of Redkirk, townhouse of — 32. 
Irving, J., Lady Terrauchtie — 79. 

— , Agnes — 160, 162. 

— , Cuthbert — 268, 269, 270. 

— , Francis— 72, 73, 171, 175, 179, 

180, 186, 197, 248, 249. 
— , Mr. Francis — 146. 
— , Mr. Francis — See Kirkmahoe. 
— , George — 180. 
— , Herbert — 180. 
— , John— 58, 88, loi, 139, 17s, 

180, 182, 185, 187, 243, 251, 270. 
— . John, "claret," — 59. 
— , Mr. John — 180. 
— , John, tutor of Bonshaw — 96. 
— , Margaret — 163. 



Irving, Stephen — 160, 187. 

— , William 180, 182, 214, 244, 248. 

— , See Ervinus — 217. 
Isles, John, Bishop of the — 198. 

Jarding, Ninian — 236. 
Jardyng, Margaret — 125. 
Jargon, William (1304) — 12. 
Jedburgh, Justice Court at — 172. 
joce of York — 112. 
Jooeline, Bishop of Glasgow — 218. 
Joffrasoun, Schir Donald — 232. 
John of . . . burgess — 226. 
John, the Archdeacon — 219. 
Johnston, Dean — 80. 

— , Dr.'s, Mortification — 80. 

— , Dr. Arthur — 34, 133. 

— , Col. William — 133. 

— , John— 99, no, 175, 177, 206, 247, 
249, 261, 266, 267, 268, 269, 270. 
Johnstone, family of — 77. 

— of Bearholm, William — 253. 

— of Broomhill — 94. 

— of Camsalloch, Robert — 179. 

— of Cragobum — 93. 

— of Dunskelly, Sir J. — 94. 

— of Elshieshields, Alexander — 2, 

163. 

— of Gretna, William — 123. 

— of that Ilk, John — 179, 196. 

— of Newby, Robert — 95. 

— of Westraw, John — 193. 

— in Nunholm, John — 151. 
— , Edward — 151, 262, 267. 
— , James — no, 186. 

— , Margaret — 2. 

— , Marion — 2. 

— , Robert — 175, 183, 187. 

— , Simon — 247. 

— , Thomas — 246. 

Kars, tithes of — 134. 

Keire, Brice — 134. 

Kellock (Killok, Killocht), Elizabeth 

—139= '47- 

— , Hew — 267. 

— , James, vinter — 161, 238, 243. 

— , Margaret — 162. 

— , William — 237, 239, 240. 
Kelso Abbey — 132, 134. 
Kelton, lands of — 226. 

— Well— 86, 226. 
Kelton's Ludgeing — 120. 
Keltonthorn, haven of — 25. 
Kelwood burn — 132. 

— , lands of — 32, 84, 121. 
Kelwode, barony of — 122. 

— , Mosside of — 131. 
Kempleton, lands of — 131. 
Kenmure, charter chest— 6. 



294 



INDEX. 



Kennan, Adam — 147. 

— , James— 67, 78, 175, 187. 

— , John — 160. 

— , Richard — 179. 
Kennedy, Schir John — 118. 
Kent, Adam — g. 

— , Agnes, wife of John Hairstanes 

—9- 

— , Agnes, wife of William Gled- 
stanis — 9. 

— , Schir Robert — 9. 
Kid (Kyd), John — 179, 

— , Thomas — 246. 
Kildrummy Castle — 178. 
Kilehaggs, John, treasurer — 82. 
Killock (See Kellock). 
Killwhanady, owners of — 32. 
Kilmarnoch — 1 76. 
Kilmurheid, lands of — 180. 
Kilton (Kelton), vicar of — 240. 
King Charles I. — 36. 

— Charles II. — 37. 

— David I. — 23. 

— David II. — 176. 

— Edward I. — 8, 87, 102, 223. 

— James II. — 37. 

— James III. — 176. 

— James VI.— 35, 58, 68, 72, 76. 

— James VII. — 16, 58, 164. 
— , John Baliol— 33, 53. 

— Philip of France — 23. 

— Robert the Bruce — 25, 31, 33, 

121, 168, 176, 

— Robert II. — 100. 

— Robert III.— 10. 

— William the Lion — 7, 11, 134, 
217. 

— William of Orange — 16, 45, 61. 
Kingholm, lands of — 8, 56. 
Kirkandrews, parson of — 195. 
Kirkbean, manse of — 198, 

— minister of — 162. 
— . parish of — 69. 

— , teind sheaves — 198. 

— , vicar of — 151, 158. 
Kirkcudbright — 28, 53, 184. 

— , fermes of — 209. 

— , invasion of (1587) — 207. 

— , Martin, parson of — 219. 
Kirkgill, lands of — 193. 
Kirkmahoe, minister of — 38, 147. 

— , prebend of — 135. 
Kirkmichael, barony of — 193. 
Kirkpatrick, family of — 77. 

— of Carse, Roger — 72, 73. 

— of Closeburn, Sir Th.— 69, 154. 

— of Kirkmichael, Alexander — 94. 

— 0/ Kirkmichael, Sir A. — 92, 95. 

— of Kirkmichael, William — 193. 
— , Daniel — 171, 259. 

— , Helen — 246. 

— , Isabel — 173, 179. 



Kirkpatrick, James — 142, 244. 

— , Janet — 142. 

— , John — 242, 243, 262, 263, 264, 
265. 

— , Katharine — 92. 

— , Maud de — 167. 

— , Roger— 33, 182, 248, 249. 

— , Irongray, lands of — 159, 202. 

— , Irongray, parson of — 136. 
Kirkschaw, lands of — 190. 
Knowis, Richard — 193. 
Knox, Mr. John in Dumfries — 87. 
Knycht, Katharine — 239. 
Knychtis, Schir Archibald — 239. 
Kolben — See Colvend. 
Kulenhath (Conheatb), lands of — 217. 

Lacressuner, William de — 219. 

Lag, laird of — 252. 

Lag's Lodging — ^32, 88, 89, 214. 

Lag's Water — loi. 

Laggan, lands of — 104. 

Laing, Walter — 2. 

Lanercost Abbey — 7, 222. 

— , Robert de Westmerland de — ^222. 
Lang, John le — 177. 

— , Thomas — 175, 177. 
Lanrick of Terrery, John — 66, 107, 

170. 
Lasceles, Thomas de — 113. 
Latimer, William de — 114. 
Law, Mr. George — 179. 
Lauderdale, Earl of — 193. 
Lawdir, Isabella — ^227. 
Lawder, Schir John — ^242. 
Lawrence, the clerk — 134. 
Lawrie, Alexander — 157. 

— , Janet — 272. 

— , Stephen — 187, 257. 
Lawson, Hugh — 162. 

— , John— 237. 

— , William — 238. 
Lawsone, Sym — 262. 
Leggardeswde, lands of — 219. 
Lennox, Donald, Earl of — 195. 

— of Cale, William— 198. 
Lestelinus, in Dumfries (1290) — 220. 
Levi of York — 112. 
Levingstone, Margery de — 114. 

— , Richard de — 114. 
Levinstoun, Elizabeth — 126. 
Liberton, Lordship of — 124. 
Lincluden College — i, 22, 53, 59, 175. 

— , prebendary of — 104, 181, 183, 
191, 242. 

— , Waters of — 107. 
Lindesee, Friar Ralph de — 8. 
Lindesie, William de — 218. 
Lindsay of Barcloy, James — 104, 246. 

— of Barcloy, townhouse of — 32. 
— . James (1305)— 33- 

— , Rosina — i. 



INDEX. 



295 



Linlithgow — 176, 195. 
Litstar, John — 227. 
Liverpool, Castle of — 52, 149. 
Lytill, John — 246. 
Loch Doon — 114. 

Lochermoss, the — 21, 30, 80, 100, 125. 
Lochleven Castle — 207. 
Lochmaben — 91, 94, 96, 118, 153, 184, 
210. 

— , Castle, Keeper of — 135. 

— . Kirk of— 178. 

— , rector of — 183. 

— , Stephen de — 222. 
Lochrutton, Kirk lands of — 104. 

— , teinds of — 198. 
Lochwinnoch, church of — 124. 
Lockhart of Carnwath, Mr. — 207. 

— (Lockard), James — 57, 164, 
— , Thomas — 57. 

— , William — 114. 
Logan of Sheriffbrae, Mr. John — 193. 

— , John— 245. 
Logane, Schir John — 233. 
Lohlan, son of Huddred — 219. 
Loker, Henry — 220. 
Lokesmyth, Henry le — 221. 

— , Robert — 134. 
Lorane, .... — 226. 
Lorimer, John— 229, 230, 231, 232, 233, 

239- 
Lourie — See Lawrie. 
Lowthian, Richard — 108, 162. 
Luce, rector of — 233. 
Luggespick, Robert — 222. 
Lutton, Thomas de — 113. 

McAddam, George — 206. 
Macbrair of Almagill, Robert — 107, 
no, 127. 

— of Netherwood — 47, 81, 163. 

— of Netherwood, Alexander — 25. 

— of Netherwood, Robert — 25, 35, 

io6. 

— of Netherwood, townhouse of — 

32- 
— , family of— 77 (A'. 83), 197. 
— , Alexander — 140. 
— , Archibald— 9, 107, 158, 159, 175, 

r79, 186, 241, 243. 
Mcbrair, M. Cuthbert— 225. 
— , David — 146, 159. 
— , Schir Herbert— 241, 242. 
— , Herbert — 225, 232. 
— , James, chaplain — 231. 
■ — , John— 107, no, 186, 225. 
— , Nicolas — 175. 
— , Patrick — 175. 
— , Robert — 162, 175, 225, 226. 
— , Thomas, chaplain — r5g, 230, 

231. 
— , Thomas— I, 159, 179, 190, 193. 



McBrwin, Andrew — 242, 243. 
McBurnie (McByrnye, McByrn), 
family of — 7, 203 (A'. 8^). 

— , Cuthbert— 231. 

— , Thomas — 175, 187, 228, 250. 
Macartney, Helen — 247. 
McChron, George — 84, 205. 

— , Thomas — 117. 
McClarnis, John — 240. 
McCleish, John — 162. 
McCliente, William — 236. 
McCowill, John — 237. 
McCrery, Thomas — 225. 
McCullochs of Kirkmabreck — 151. 
McCuUoch, John, serjeand — ^237. 
Macdonald, Mary — 213. 
McDowall of Logan, John — 36, 52, 77, 
144. 

— , William — 5. 
McDowell of Spottis, James — 183. 
McGeorge, Janet — 161. 

— , Robert — 161. 
MacGilblaan, Gilcomgal — 217. 
McGill, Mr. James — 236. 
McGown (McGowan), Alexander — 44. 

— , James — 72, 171, 190. 

— , Mr. John — 44. 

— , Margaret — ^44. 

— , Sande — 149. 

— , Thomas — 44, 149. 
McGowne, William — 171. 
McGray, Thomas — 225. 
McHadis, Thomas — 238. 
Machterna, Cornelius de — 181. 
Mcllduf, Gilbert — 226, 227. 
Mcllhauch (McGilhauch), Finlai — 
225, 226. 

— , Schir Finlay — 232. 

— , John, clerk — 226, 227. 

— , Dom, John — 226. 

— , Malcolm — 226. 
Mcllmeyne, John — 227. 
McKelle, Thomas — 196. 
Mackenzie of Auchenskeoch, Col. — 131. 

— , John, clerk — 4. 
McKie, Alexander, surgeon — 160. 

— (Makke), John — 135. 
McKill, John— 77. 
McKinnell (McKynnell), family of — 

77. '94- 

— , John— 171, 172, 228, 249. 

— , Malcolm, serjeand — 249. 

— , Robert— 117, r79, 238, 242, 243, 
246. 

— , Thomas — 169. 

— , William — ^246. 
McKinnon — See McKinnell. 
McKitterick, William — 160. 
McMannande, Cuthbert— 235. 
McMaster, John — 245. 
McMath, David — 117. 

— , Thomas — 228. 



296 



INDEX. 



McMillane, Thomas — 171, 190. 
McMoUand — See McMillane. 
McNaught (McKnaught), Mr.— 82. 

— , John— 147. 
McNeill, James — 131. 
McQuhat, Cuthbert— 228. 
Macruith, Gilbert — 138. 

— , Richard — 138. 
McWhan, Gilbert — 72, 73. 
McWhinnie, Basil — 162. 
Maitland, Mr. James — 160. 

— , Johanna — 160. 

— , William — 17, 98, iii, 133. 
Makanys, David — 229. 
McClelane, Gilbert — 103. 
McClellan, Patrick — 247. 
McClellane of Bombie, Thomas — 196. 

— of Gelstoun, Sir Th. — 190. 
Makcristin, John — 229, 232. 
Makcubyng, John — 242. 
Makcurre, John — 243. 
Makgee (Makghie, Mcgey), David, 
commissary clerk — 117, 139, 241. 

— , Schir David — 138, 230. 

— , Gilbert — 195. 

— , Janet — 123. 

— , John— 117, 249. 
Makhome, Mr. John — 231. 

— , Thomas — 227, 232. 
Makilreve, John — 8. 
Makinnane, Thomas — 137. 
Makjore of Inglistoun, William — i. 
Makmannide, Nicolas — 236. 
Makmynnes (McMennis), Thomas — 

186, 242, 243. 
Makquhirk, David — 230. 

— , Thomas — 230. 
Makwir, William — 248. 
Malcolm, Archibald — 4. 

— , " pincerna " — 218. 
Man, Isle of — 26, 109. 
Manton', Radulphus de — 223. 
Marchell, John — 117, 179, 186, 242, 

243, 244, 248, 249, 256. 
Marescallus, M. — 218. 
Martin, the clerk — 134. 

— , NichoU — 242, 243. 
Martinson, Alexander — 225. 
Martyne, John — 241. 
Marwhirn, lands of — 191. 
Maryholm, lands of — 53. 
Masculus, Roger — 8. 
Mathew, father of Fergus — 197. 

— , the Dean — 219. 
Maulaye, Robert de — 102. 
Maxton, lands of — 95. 
Maxwell, Earl of Morton — 123, 127, 
142, 177. 

— , Lord — 87, 141. 

— , John, Lord — 36, 130, 142, 144. 

— , Robert Lord — loi, 141, 177, 178, 
241. 



Maxwell, Master of — 93. 
— , John, Master of — 210. 
— , Lady Mary — 143. 

— of Barncleuch, James — 97, 163. 

— of Barncleuch, John — 37, 58, 59, 
62, 76, 78, 81, 108, 162 (A^. St), 
164, 170, 187, 203, 251, 252. 

— of Carlaverock, Robert — 130. 

— of Carnsalloch — 198. 

— of Carnsalloch, Robert — 162. 

— of Carnsalloch, William — 184. 

— of Conheath, John — 117, 127, 

172, 241. 

— of Conheath, Robert — loi, 241. 

— of Conheath, townhouse of — 4, 

32. 

— of CowhiU, John — ^241. 

— of CowhiU, Robert — 177. 

— of Dinwiddle — 154. 

— of Dinwiddie, Robert — 127. 

— of Dnuncoltrane, Edward — 241. 

— of Glenlarc, Major James — 161. 

— of Gribton, Sir William — 75, 

137. 172- 

— of Gribton, John — 137. 

— of Gribton, townhouse of — 32. 

— of Hillis, Edward — 196, 212. 

— of Hillis, John — 104, 241. 

— of Keltoun, John — 127. 

— of Kelton, Robert — 117. 

— , (callit of Kelton), Thomas — 171. 

— of Kelton, townhouse of — 32. 

— of Kirkconnel — ^37, 58. 

— of Kirkconnel, Margaret — 136. 

— of Middlebie — ^37, 47. 

— of Middlebie, John — 144. 

— of Middlebie, townhouse of — 32. 

— of Newlaw, Alexander — 186. 

— of Nithsdale, William — 108. 

— of Orchardton — 32. 

— of Palmersland, townhouse of — 

32- 

— of Speddoch, Homer — 171. 

— of Spotts, Sir Robert — 246. 

— of Terreglis, Sir John — r75, 236. 

— of Terrauchtie, John — 160. 

— of Tinwald, Edward — 32, 47, 

198. 
— , Adam — 56, 241. 
— , Agnes — 129. 
— , Amer— 237, 238, 239, 245. 
— , Anna Elizabeth — 164. 
— , Archibald — 235, 239. 
— , Cuthbert — 232. 
— , David — 227. 
— , Edward — 247. 
— , Elizabeth — 108, 137, 161. 
— , Elspet — 105, 192. 
— , Eustachius de — 121. 
— , George — 116, 118, 239, 241, 244. 
— . Herbert de — 195. 
— , Sir Herbert — 100, 115. 



INDEX. 



297 



Maxwell, Homer — 72, 117, 183. 

— , Mr. Homer — 179, 186. 

— , Janet — 204. 

— , Jonet — 243, 246. 

— , James— 161, 171, 193, 241, 247, 270. 

— , James in Priestlands — 243. 

— , James in Troquier — 243. 

— , John— 9, 72, 130, 175, 182, 241, 
247, 249. 

— , John de — 195. 

— , Mr. John — 74. 

— , John (callit Mr.) — 171. 

— , John in Cavenis — 243. 

— , John of Dundie — 244. 

— , John in Logane — 247. 

— , Marion — ^203. 

— , Mary — 131. 

— , Provost (1769) — 4. 

— , Schir Richard — 138, 231, 241. 

— , Mr. Richard — 244. 

— , Robert — 235, 249. 

— , Robert of— 178. 

— , Thomas — 103, 162, 190, 270. 

— , Mr. Thomas — 130, 137, 139, 240. 

— , William — 153, 230. 
Maxwell's Bond, Lord — 35, 52, 144. 

— , house, the— 9, 35, 37, 38, 52, 100, 
141, 159, 210. 
Meikle Culmen (Urr), lands of — 200. 

— Dryburgh, lands of — 103. 

— Richerne, lands of — 201. 
Mein (Mean), William — 162, 168. 
Mellingshaw, lands of — 92. 
Melrose Abbey, grants to — 8, 194. 

— , Michael, commendator of, 194. 
Menzies of Pitfoddels, Thomas — 237. 

— of Raes — 252. 
Merk, John de — 223. 
Mersar, Schir Harrie — 137. 
Michael, son of Matthew — 221. 
Middlebie, lands of — 130. 

Midglen in Newabbey, lands of — 145. 

Milk, river — 120. 

Millare, Andrew — 232. 

Milligan, Andrew in Lochrutton — 2. 

— , Robert in Merkland — 2. 
Mitchell, John, wright — 77. 
Mitchelson, James — 162. 

— , Capt. James — 207. 

— , John — 77, 207. 

— , Margaret — 162. 

— , Robert — 144, 149, 162, 178. 

— , Stephen — 214. 

— , Thomas — 180. 
Moffat, William de — 220. 

— , George — 179. 
Moir Bryce, Mr. — 132. 
Molyneux, the Lord — 52, 149. 
Moncreiff, Hew^i84. 

— , Margaret — 184. 
Monck, General — 145, 204. 



Monmouth, James, Duke of — 143. 
Moor, John — 165. 
Mor, Gilla — 219. 
Moray, the Regent — 159. 
Morbottle, rector of — 240. 
More, John de la — 122. 
Morgequhat — See Muirthuat. 
Morison, Arthur — 239. 
Morton, Kirk of — 137. 

— , William (1327) — 12. 
Morvill, Richard de — 218, 219. 
Mouswald, provost of — 12. 

— , rector of — 118. 
Mowbray, Schir John — 117. 
Muffet, Peter, Border thief — 35. 
Muirthuat, Walter — 225, 226. 
Mullane, Alexander — 159. 
Mundell, John — 248. 
Mumorson, Tom — 107. 
Munreith, laird of — 247. 
Mur, John, lord of Kelwod — 121. 
Murhead, George of — 177. 
Murheid, Thomas — ^267. 
Murray of Lochmaben, Lord — 123, 142. 

— of Brocklerig, Patrick — 120. 

— of Broklerig, townhouse of — 32. 

— of Broughton — 204. 

— of Cokpule — 154. 

— of Cockpool, Sir R. — 202. 

— of Cockpule's Town House — 120. 

— of Glenmuir, Sir Robert — 203. 

— of Murraythwaite — 120. 
Mussald, Gilbert de — 134. 

Nateby, Richard de — 134. 
Neilson, John of Chapel — 8i. 

— , Mr. James — 199. 

— , John — 205, 244, 248. 
Nelesone, Archibald — 229, 231, 232. 
Nennius — 100. 
Nenot, Dom. John — 136. 
Netherwood, lands of — 22, 25, 68, 85, 
163, 197, 199, 203, 226. 

— , quarry of — 168. 

— , Mill of — 25. 
Neville's Cross — 176. 
Newabbey — 53, 253. 
Newal, Martin — 59, 146, 172. 

— , Walter — 53. 
Newall, Archibald — 140, 200, 243. 

— , David — 107, 235. 

— , Elizabeth — 194. 

— , Herbert — 225. 

— , James — 74, 140, 171, 172, 239, 
240, 248. 

— , John— 120, 230, 231, 240, 249. 

— , Patrick, 240, 243. 

— , Robert — 246. 

— , Thomas — 242, 243. 
Newby, lands of — 122. 
Newcastle, St. Nicolas Church— 178, 
199. 



298 



INDEX. 



Newlandis, Michael — 171. 

— , Andro — 239. 

— , Mungo — 239. 
Newton (Stewartry) — 97. 

— Stewart — 157. 
Newwark, barony of — 145, 202. 
Nicolas, the Chancellor — 219. 

— , the flesher — 220. 
Nicolson, Andrew, bailie — 225, 226. 
Nicolsone, Christina — 243. 
Nith, the river — 20, 21, 22, 24, 29, 54, 

89, 106, 224. 
Nithsdale, John, Earl of — 35. 

— , Robert, Earl of — 142, 143. 

— , William, Earl of — 36, 37, 144. 

— , the Lord — 31, 36, 52, 58. 
Normanus — 220. 

Northumberland, Earl of — 208. 
Norton, Margaret — ro3. 
Nottingham, Earl of — 208. 
Nunholm — 25. 

Olifard, David — 219. 
Oliphant, Helen — 184. 

— , John, writer — 193. 
Olivere, Dom. John — 8, 152. 
Oliver, Schir John — 138, 241. 
Orkney, Earl of — 213. 

— , Robert bishop of — 237. 
Ormiston, lands of — 127. 
Ormond, Earl of — 208. 
Overtoun, lands of — 123. 
Oxellum, town of — 21. 

Padzen, Robert — 234. 
Parker, Martin— 88. 
Parton, Lordship of — 189. 
Paterson of Kinharnic — 53. 

— , Gilbert — rrr. 

— . Herbert — 231. 

— , James— S3. 

— , John— 179. 

— , Mr. Robert— 80. 

— , Thomas — 238. 

— , William, 242, 243. 

— , Sir William — 251. 

— , bailie — 42, 50, 67. 
Patrikson, Herbert — 230. 
Pearson, Esther — 2. 
Peebles Bridge — 157- 
Penrith, burnt — 209. 
Percy, Henry de — 115. 
Perisoun, John, bailie — 229. 
Peter, in Dumfries (1290) — 221. 
Philp, Stephen, 233. 
Pickersgill, Simeon — 147. 
Pitlochie (Fife).— 184. 
Pittenween — 184. 
Pont, Mr. Robert— 87, 136. 
Poore, Robert — 94. 
Pope Eugenius — 224. 



Prebenda, Ricardus de — 218. 
Prentice, John — 165. 
Preston, barony of — 69, 196. 
Priestwodside, lands of — 122. 
P rocopius — 100. 

Pugeys, Arnaldus Guilli. — 223. 
Purdum, Nicholas — 231. 

Queen Elizabeth — 26. 

— Mary of Orange — 16. 
Queensberry, the Duke of — ^32, 33, 49, 

66. 
— , Charles, Duke of — 131. 
— , William, Duke of — 131. 

— hill — 20. 

Quhitehead, Schir Walter — 124. 
Quinci, Robert de — 218. 
Quoniam Attachiamenta — 23, loi. 

Radulph, cognate of William — 221. 
Radulf the merchant — 134. 
Radulphus, the clerk — 219. 

r- , cleric of Card' — 2r9. 
Raa, Robert — 246, 247, 262, 263, 265, 

266, 267. 
Rae (Raa), Agnes — 244. 

— , David— 9, 242, 243, 246, 247. 

— , John— 245. 

— , Rev. Peter — 99, in, 119. 

— , William— 81. 
Ramsay, family of — 76. 
Ramsay, Alexander — 244. 

— , Helen — 120, 

— , John— 230, 244. 

— , Margaret— 81, 204. 

— , Michael — 135. 

— , Simon — 238. 
Randolph, Thomas, Earl of Moray — 

217. 
Randulph, Dean of Dumfries — 134. 
Randulphus — 217. 
Ranpatrick, reader of — 137. 
Ranulf, son of Dunegal — 134. 
Rattray, Lt.-Col. George — 163. 

— , Capt. Henry — 164. 

— , Lt.-Col. Jolm — 59, 163. 
Ravenscroft, Mary, dau. of James of 

Newpark — 6. 
Rawling, David — 244. 

— , Janet — 244. 

— , John— 238. 

— , Margaret — 244. 
Ray, John, writer — 160. 
Rayning (Raining, Ranyng), family 
of— 178 (N. 74). 

— of Gallariggs, John — 140. 
— , Agnes — 246. 

— , Herbert — 116, 117, 152, 175, 186, 

237, 238, 248, 249. 
— , Robert — 186, 244. 



INDEX. 



299 



Rayning, Thomas — 169, 186, 249, 250. 

— , John— 171, 249, 270. 
Rayning's Mortification — 42. 
Rebellion, the (1715) — 22, 26, 27, 36, 
40, 43, 48, 119. 

— , the (1745) — 22, 26, 27, 40. 
Red Kirk — 197. 

— Kirk, reader of — 137. 
Reid, John — 79, 138, 187. 
Reidhall, barony of — 193. 
Rerik, Gilbert de — 135. 

Richard, son of Lestelinus — ^220, 221. 
— , son of Trute — 219. 

— of York — 219. 

— , the chaplain — 219. 
Richardson (Richartsone), Agnes — 
272. 

— , Jean, 137. 

— , John — 194. 

— , Robert — 175, 186, 187, 204, 24S. 
Riddell of Glenriddell, Robert — z, 90, 
91, 98, m. 

— , Robert — 15. 

— , MSS.— 7. 
Rig, family of — 102 (A'. //). 

— , George— 72, 73, 248, 249, 250. 

— , Hugh— 230. 

— , James — 88, 186, 213, 238, 241, 
242, 249. 

— , John— 183, 230, 248. 

— , Dom. John — 183. 

— , Peter— 238. 
Robert, son of Avelinus — 221. 

— , son of W. de Moffat — 220. 

— , son of Trute — 219. 

— , the chaplain — ^218. 
Robertson, Joseph — 118. 
Robgill, lands of — 122, 123. 
Robin Hood — 141. 
Robison, family of — 77. 

— , Andrew — 213. 
Robson, David — 120. 

— , John, 214. 
Rogerson, John — 138. 
Rogertoun (Perth) — 184. 
Rolland, son of Wchtred — 8, 218, 219. 
Rome of Cluden, Mr. Thomas — 56. 

— of Dalswinton, George — 159. 

— of Irongray, townhouse of — 32, 

^^■ 
— , George— 32, 72, 171, 180. 

— , John— 59, 72, 171, 214, 251. 

■ — , Sarah — 56. 

— , Thomas, provost — 47, 80, 202. 

Rome's Close — 32. 

Rorysone of Bardannoch, Andrevir — 

105. 

Ros, Robert de — 218 

Ross of Auchenlossan, Francis — 36, 

145, 146. 

— of Drumgerland, Commissary — 
36. 



Ross of Rossisle, Capt. W. — 36, 142, 

145- 

— in Formastoun, Patrick — 145. 

— , Capt. Francis — 146. 

— , James, dyer— 37, 53, 146. 
Rottraw, lands of — 182. 
Roucan, lands of — 105, 173, igj. 
Roxburgh, Duke of — 39. 
Ruff, John of — 226. 
Rule (Reul), Janet — 79, 82. 

— , John — 144. 
Rynde, Water of — 184. 
Ryvell, lands of — 122, 123. 



Sadler, Sir Ralph — 7. 
Saidlar, Schir John — 136. 

— , Kentigern — 236. 
St. Andrew's, Mathew, archdeacon of 

— 219. 
St. Bees' Monastery — 8. 
St. Columba's Chapel — 116. 
St. Madoes, minister of — 160. 
Salcotts, lands of — 122. 
Salisbury, Earl of — ^208. 
Salmon, Col. — 185. 
Sancto Claro, see Sinclair. 
Sancto Germano, Robert de — 218. 
Sanquhar, Lord — 99, 154. 

— , 84, 184, 235. 

— , Church of — 233. 
Sark, battle of — 208. 

— , water of — 253. 
Saturness Beacon — 108. 
Sawrycht, Thomas — 179. 

— , William — 116. 
Sayer's Regiment — Sir John — 185. 
Scarbra, lands of — 94. 
Scharpis, James — 236. 
Scharpro, Schir William — 239. 
Scharproo, Thomas — 233. 
Schoriswode, George de — 135. 
Sciuerles, John (1327) — 12. 
Scott (Scot), Herbert— 236. 

— , Mariota — 91. 

— , Robert — 134. 
Selkirk, guardian of Forest of — 102. 
Seton, Laird of Barns — 119. 

— of Winton, the family of — 31. 

— , Adam de — 112. 

— , Sir Adam de — 113. 

— , Alexander de — 115. 

— , Sir Christopher de — in, 114. 

— , Mr. George — 119. 

— , Ivo de — 112. 

— , Sir Ivo de — 113. 

— , John de — in, 113. 

— , Osbert de — 112. 

— , Robert de — 113. 
Seyton, manor of — in. 
Sharp (Scharp), George — 32, 72, 171. 

— , George, townhouse of — 32. 



30O 



INDEX. 



Sharp, John — 175. 

— , Mathew — 214. 

— , of Hoddam, John — 214. 

— , Patrick, 232. 
Sharpe, C. K. — 119. 
Sheaiington, lands of — 132. 
Shillotson, James — 147. 
Shirley, Mr. G. W. S. — 132, 149. 
Shortrig (Schortrig), family of — 76. 

— , John — 142, 248. 

— , William— 248. 
Shrewsbury, Earl of — 87, 208. 
Sigillo, Hugo de — 218. 
Simon, brother of Radulph — 219. 
Simpson, Schir John — 138, 229. 
Sinclair, H. Earl of Orkney — 100. 

— (Sancto Claro), Archibald — 159. 
— , Schir John — 138, 237, 238. 

— , Robert de — 218. 
Sixle, Priory of — 115. 
Skaillis, Herbert — ^243. 
Skelton, lands of — 112. 
Skeyn, Mr. James, notary — 237. 
Skinburness — 223 . 
Skrimgeour, John, serjeand — 246. 
Slewman, William — 194. 
Sluchanan (? Buchanan), William — 

120. 
Sluman, Peter — 232. 
Smyth, Jduge George — 185. 
Snaid, barony of — 190. 
Solway Moss, battle of — 210. 
Somerville (Sumervile), Gervasius de — 
219. 

— , Hugh Lord — 124. 
Sorbie, minister of — 160. 
Southburn, lands of — 114. 
Spanish Armada, the — 27. 
Speirman, Robert — 232. 
Spittalfield (Kirkcudbright) — 201. 
Sprot, Thomas — 228. 
Stapleton, lands of — 123. 

— , wood of — 167. 
Steill (Stele), Adam— 235. 

— , John — 232. 

— , William — 246. 
Sterne, James — 262, 264, 267. 
Stevens, Mr., architect — 158. 
Stewart of Calie, Sir John — 195. 

— of Castle Stewart, William — 

108. 

— of Goodtrees, Sir James — 166. 

— of Jedworth, Sir John — 176. 

— of Shambellie, Archibald — 145. 

— of Shambellie, Charles — 120. 

— of Shambellie, townhouse of — 32. 
— , Princess Mary — 176. 

— , Col.— 146. 

— , James — 77. 

— , Thomas — 116, 230, 231. 

— , Walter — 176. 

— , William — 116, 213, 230, 231. 



Stirling, Earl of— 193. 
Stodart, John— 233. 
Strykynness, lands of — 184. 
Sturgeon, Adam — 171, 183. 
Summerswain, Adam — 134. 
Sussex, Earl of — 142, 211. 
Sutor, Roger — 134. 
Swan, Andro — 180. 

— , John — 180. 
Sweetheart Abbey — ^32, 120, 195. 
Swyre, lands of — 191. 
Syme, Alexander, writer — 6. 

— , John W. S.— 6. 



Tailzeour, Finlaw — 177. 

Tait, Crawford — 131. 

Talbot, Capt. Thomas— 175, 185. 

Teillol, Peter de— 219. 

Tempaltoun, siege of — 196. 

Terrauchtie, goodman of — 212. 

— , Miln— 198. 
Terregles— 35, 53, 191. 

— , vicar of — 118. 

— , teinds of — 198. 

— . Mathew de— 8. 

— , Uchtred de — 222. 
Terrery, lands of — 69. 
Test Act, the— 37, 58. 
Teviotdale, Archdeacon of — 240. 
Thankerton, Kirk of — 135. 
Thomas, Magister — 219. 

— , son of Dunegal — 217. 
Thomasoun, Andrew — 171. 
Thomson (Thomesoun), John — 179, 
244. 

— , William — 169, 245. 

— , Wallace & McCracken — 131. 
Thorne', Adam de — 219. 
Thornton, Mr. John, chantor of 

Moray — 237. 
Threipland, Euphamie — 204. 
Threpland, lands of — 183. 
Thurloe, Secretary — 185. 
Thurp, Matilda de — 112. 

— , William de — 112. 
Thweng, Marmaduke de — 113. 

— , Robert de — 113. 
Tinwald, Old Place of— 30. 
Tocotes, John de — 113. 
Tod, Arthur serjeand — 246. 
Tode, Henry — 135. 
Tollhurst, Maj. Jeremiah, 175, 184. 
Torbay — 46. 
Torthorwald (Carlyle), the Lord 

(•443)— 31. 32. I20- 
— , James, Lord — 179. 
— . Sir David de — 11, 222. 
— , Kirklands of — 173. 
— , lands of — 105, 173. 
Trailflat, minister o£ — 146. 
— , vicar of — 225. 



INDEX. 



301 



Trailtrow, preceptor of — 137. 
Traquair, Countess of — 145. 
Trimontium, town of — 20. 
Troqueer — ^22, 24, 29, 218. 

— , Thomas, parson of — 219. 

— , Kirk of — 227. 

— , minister of — 138. 

— , parish of — 220. 

— , vicar of — ^230, 231. 
Trute, the Sheriff — 219. 
Tullieboill (Fyfe)— 183, 184. 
Tnngland, Elias, Abbot of — 219. 
Turner, Sir James — 164. 
Tumour, Schir John — 230, 231, 233, 
241. 

— . Mathew — 262, 263, 264, 265, 267, 
268. 

— , Mag. William — 240, 241. 
Twaddell, Andrew — 157. 
Twynham, Adam de — 114. 



Uchtred, Lord of Galloway— 8, aiS. 
Uduardus, son of Vita — 217. 
Unthank, lands of — 114. 
Urr, water of — ^30, 163. 
Urrie, Cuthbert — 267. 
— . Col.— 143. 



Valcar — See Walker. 
Vallibus, Hubert de — 219. 
Valonis, William de — 218. 
Vans of Barnbarroch — 154. 
Veitch, Mr. William— 80. 

— , WilUam, writer — 145. 
Velsche — See Welsh. 
Vesci, Eustace de — 218. 
Vita — ^2r7. 
Vrycht— See Wright. 



Waddell, James — 169. 

— , Thomas — 169. 

— , William — 157. 
Waldevus, son of Gilchristus — 217. 
Walcar, Congall — 174. 

— , Schir John— 139, 233. 
Walkar, David — 130, 248, 249. 
Walker, Adam — 104, 169, 183, 248. 

— , Finlay — ^232. 

— . Gilbert, bailie — 225, 226, 237. 

— , Halbert — 244. 

— , Jonet — 271. 

— , Robert — ^244. 

— , Thomas — in, 175, 226. 
Wallace (Wallas), family of — 76, 183. 

— , Adam — 107, 230, 245. 



Wallace, Schir David — 138, 245. 

— . Hugo — 118. 

— , James — 244. 

— , John— 245. 

— , Schir Patrick — 138, 238, 245. 

— , William, chaplain — 245. 
Walls, family of — 76. 

— , James — 72. 
Walter— 218. 

— , the flesher — 134. 

— , son of William — 134. 
Wanlockhead, lead mines of — 211. 
Watson, James — 128. 
Welham, Walter de— 8. 
Wellis (Veils), George— 249. 

— , John— 239. 
Welsch (Welche), Archibald— 9, 178, 
229, 232, 244. 

— , David— 107, 178, 226, 230, 233, 
234- 

— , Schir David — 138. 

— , James — 159. 

— . John — 179, 225, 227. 

— , Schir John — 178. 

— , Nicolas, Abbot of Hollywode — 
178. 

— , Robert — ^242, 243. 

— , Thomas — 8, 175, 178, 230. 
Welsche, Mr. John — 136. 
West Barns (Fife)— 188. 
Wharton, Lord — 210, 211. 

— , Sir Thomas — 209, 210. 

— , Michael — ^210. 
Whitby, Abbey of — in. 
White of Winlockhead, William — 211. 
Whitehaven — 28. 
Whithorn— 28, 184. 

— , Walter, bishop of — 219. 
Wight, Rev. Robert— in. 
Wigton— 28, S3, 165, 184. 
Will, "the Flagon,"— 209. 
William, celerarius — 219. 

— , son of Derman — 8. 

— , son of Peter — 221. 

— , father of Walter — 134. 

— , son of William — 8. 
Williamson, family of — 77. 

— , David — 104. 

— , John— 179, 271. 

— , William — 171, 249. 
Wilson, Schir Elisha — ^232, 235. 

— , John, in Newabbey — 174. 

— , Robert — in. 
Wintonia, Richard de — 223. 
Witchcraft — 191 . 

Within-the-Waters, lands of— 243. 
Woodhall, barony of — 193. 
Wrychtis (Wright), John— 238, 262, 
263, 264, 265, 267. 



302 



INDEX. 



Wrychtis, Marion — 120. 

Wyllie, Alexander, Watchmaker— 165. 

Wyrfrank, Osbert — 113. 

— , William — 113. 
Wyrill, William de — 113. 
Wythman, John — 238. 
Wytwele, Henry — 132. 



Yair, John— 179. 

York, St. Peter's Hospital at— 7, 

Young of GuUyhill, John— 171. 

— , John — 171. 

— , Patrick— 140, 177, 180. 

Zous, John — 238. 



217. 



The Beds. Times Publishing Company, Ltd., Bedford. 



The Pedigree Charts are arranged in the 
following order : — 

i. corsane. 

2. Crosbie. 

3. CuNYNGHAME. 

4. Gledstanes. 

5. Hairstanes. 

6. Halyday. 

7. Johnstone. 

8. McBrair. 

9. Rig of Dumfries. 
10. Rig of Carberry. 



CORSANE OF MEIKLE KNOX. 



Patrick (Jorsane 
burgess 1477 



John Corsane 
burgess 1520 

John Corsane 
burgess 1537-80 
ailed ged to be the 12th 

consecutive John 
= . . . Brown dau. of 
James Brown & Marion 
Newall. 



Adam Corsane 
burgess 

Schir Thomas Corsane 
Chaplain 



Robin Corsane 
in Dumfries 1520 

I 
Robert Corsane 1564. 

I 
Andro Corsane 1571. 



Marian Corsane 
in Dumfries 1523 

= Pait Fergussone, 
2 March 1524/5. 
(Burgh Ct. Bks.). 



I 



John Corsane (1553-1629) 
bailie 1593, 5, 7. 8, 1600, 

2, 5. 7- 
Treasurer 1586-8. 
M.P. 1617, 1621. 
Provost 161 1, 17, 18, 19, 

22. d. 1643. 
1= Isabel Maxwell 



Adam, bailie, 1605 
glover. d. 1621. 
= Elizabeth Maxwell 
alive, 1621. 



& 



George Corsane, 

d. 26th June, 1598. 

= (i) Bessie Young, 

d. 24 July 1593. _ 

(2) Margaret Makmynneis. 



Janet. 



Margaret 



Mr. John Corsane, graduate 
of Edin. Univ. advocate 

1613, sheriff depute and 
M.P. 1633. Provost 1637- 

44 of Meikle Knox. 

= (1) Margaret Maxwell, 

d. 1653, dau. of Robert 
Maxwell of Dinwoodie. 



Adam, alive 1630. 
bapt. I Dec. 1608. 

John, alive 1665. 



Marion = Stephen Laurie 

of Maxwelton, 

grandmother of Annie 

Laurie. 



Margaret, 
bapt. I Dec. 1608. 



John, 
bapt. 21 Nov. 1617. 



Nicolas and Sarah Max- 
well, d. nat. by Agnes 
Johnston. 



bapt. 



Agnes, 
27 Nov. 



1618. 



Marion, 
bapt. 18 June, 1620. 



(2) Marion Rig, 1654 

dau. of William Rig 

burgess. 

I 
Kathenne 



John Corsane bapt. rty 

Feb. 1621 
bailie, d. prior to 1665 
= Jean Kirkpatrick, of 
Closeburn, d. 1696. 

I 



I 



^ Agnps- 



_James_ 



1\Tp,-nrorot H nat 



I ., -, arrnffg . lamps a .i, M i > } ni.-i , .. .■ ■ ■■ 

- M«i<m Isabel-^- H plen I~iobert Newall ^^Fwrffgill, alive 1662 who received a gift from 

bapt,^i6 March bapt. ^2^9 March ^ j^^ nf r^'^abie Sherlff^'anf Commissary = Marjorie Hamilton fohn ^Mcgowne ^merchant 



6000 merks tocher 1651 



on 2 May 1676. 



John 



Corsane of Meikle 
Knox. 
d. 2 Nov. 1680 
proclaimed 7 Aug. 1669. 
= Marion Maxwell of 
Tinwald. d. 5 Nov. 1697 



Charles Lieut, ist Royal Margaret 

Dumbartonshire Reg. = James Grierson of 

Killed at Tangier 27 Larglanglie, proclaimed 
Sept. 1680 16 Nov. 1666 

Robert s. nat. 
bapt. 1 Nov. 1675 



Janet 

: John McGowne 

burgess 1671 



Agnes 

= William McGowne, 

burgess. 

"relict" 1664. 



Katherine, 
bapt. 9 Dec. 1658. 



Joan, 
bapt. 28 Oct. 1661 



John Corsane of Meikle 
Knox, bapt. 9 Oct. 1674 

d. 19 Sept. 1717 
succeeded at age of 8. 
= Agnes Crosbie. 

John Corsane 1717-21- 
posthumous child 
bapt. 31 Oct. 1717. 



Agnes, bapt. 21 Sept. 1671 
alive 1774 

= Rev. Peter Rae 1671- 
1748, Minister of Kirk- 
bride and Kirkconnel, 
1734-48. 



Margaret 
d.s.p. 



Robert 
d.s.p. 
bapt. 19 July, 



Helen 
d.s.p. 



1673. 



Robert Corsane 

bapt. 21 May 1698 d. 17 

Feb. 1759. 
= Agnes McGown, dau. of 
Alexander McGown, 

bailie. They had 15 

children in 17 years, only 
7 surviving. Robert as- 
sumed the name of Cor- 
sane on inheriting Meikle 
Knox. 



John 

bapt 30 July 

1699 

d. 25 Ap. 

1700. 



Janet 

bapt, 19 Feb. 1701 

= (i) David Scot d.s.p. 

(2) Rev. Robert Hunter 

minister at Kirkconnel 

1 

Elizabeth Hunter 

= Rev. James Young, of 

New Cumnock. 



Jean 
= James Crichton 

in Crockroy, 

& had 4 children, 

Agnes, Helen, 

Peter & Janet. 



Peter. 



Alexander 

clockmaker, 

,713-86. 



I 



Mr. Jamas 

agent for the Duke of 

Buccleuch at Wan- 

lockhead. 



Marion Agnes Thomas. 

(1) James Hare bapt. 24 June 



in Kyle. 

(2) John Chalmer 

in Bonington. 



1702 

d. 2 May 

'703 



I 



Robert Corsane 

Ensign Royal Scots 

13 March 1772 

Lieut. ... 14 Nov. 1775 

d.s.p. at Gibraltar before 

14 Jan. 1776 



Janet 
David McCuUoch 
of Ardwall. 



James Murray 
McCulloch 



Elizabeth 

bapt. 4 Feb. 1739 

d. before 13 Jan. 1782 

= Rev. Andrew Ross 

minister of Inch. 



Agnes 

bapt. 23 March 1740 

d.s.p. 



I 

Jane 

= (i) John Hind 

and had a son John 

Hind d.s.p. 

(2) David Scot 

banker at Ayr. 



Marion 
d.s.p. 



Margaret, d. 1842 
buried Greyfriars Edin. 
= George Cunningham, 

Inspector-Gen. of 
Customs. 



Col. Andrew 

b. i773. 
d. 1812, 



George Ross 



Sir John of Gulgruff 
b. 24 June 1777 
d. 30 Aug. 1856 

(the Arctic explorer) 



Edward 
d.s.p. 



George 
d.s.p. 



Agnes 
= Professor 
Meikleham. 



Helen Cunningham 

= John Reid, m. 1804. 

advocate- 



Walter McCulloch 
of Ardwall 



Agnes 



Janet 
G. G. Brown 



Christian R. Brown 

= Andrew Jameson 

Lord Ardwall. 



Mrs. Cliff McCulloch 
of Kirkcleuch 



Mrs. Stewait 

of Shambellie. 



Sir James J. Reid 
Chief Justice of Ionian 

Islands. 

= Mary Threshie, m. 

1843 



and others. 



John J. Reid, 
b. 1844, d. 1889 
Q. *; L. T. R. 



Robert T. Reid, 
Lord Loreburn 



and others. 



CROSBIE OF OULCOTTIS AND HOLM. 



Robert Crosbie o£ Oulcottis 1415-9*^- 
son of Richard of Oulcottis. 



Andrew 1433 
d. by 1498. 



Stevin 1435 

outlawed with Andrew 

(A.D.C. 420). 



Janet 1437 

= ist Lord Carlile as 2nd 

wife. 



Robert Crosbie of Oulcottis 

b. ,48., r'^-f;";^^ of s:rk'"o i'ndrew Chalmer. 

IS Te ^o^d"oU'oulrttwilUatLo°ni Carlile (Scot. Peerage H. 385). 

= Elizabeth dau. of William 2nd Lord Carhle 



Robert Crosbie 1513 d.s.p. 
1563. Tenant in Oulcottis. 



Tohn Crosbie 1518 „ 

merchant bailie of Dumfries i543- d. circa 1582 
founder of the Dumfries branch. 
= Janet, sister of Provost Roger McBrair 



Robert Crosbie 1550. 
= Sophia Gledstanis 



John Crosbie 

in Kelwod 1573 

= Agnes Dalrymple 



John Crosbie, clerk in Holy Orders, 

Bishop in 1600 

d. 1621 

Founder of the Irish branch. 



issue 



David Crosbie 1608 
raercht. in Dumfries 



William Crosbie, 
deacon conveener 
d.s.p. 
= ?ilaria Swan 



dau. 



I 
a dau. 



Andrew Crosbie 1620, 
d. Aug. 1674. 
= Elizabeth Corrie 

dau. of William Corrie. 
(2) Helen Newall, d. 1675. 



I 



John Crosbie 1650-1720 
Provost of Dumfries, pur- 
chased Holm of Dais- 

cairth, 1708 

^^^-(i-)-Margaret, daa--«f- 

Robert Herries of Barn- 

barroch. 



Agnes 



= (a) on 4 Feb. 1691 Janet — 
dau. of James Kennan, 
bailie of Dumfries. 



Andrew Crosbie, 
younger, merchant, 
tenant of Thomas Gled- 
stanis, 1674. 



Mary 



Andrew Crosbie of Holm 
1674 heir to his father 
Jan. 1 72 1. Provost of 
Dumfries. d. 1769 
= on 2 July 1733 Jean 
Grierson of Barjarg 



Andrew Crosbie of Holm, 
1736 

Dean of Faculty of Advo- 
cates, 1765. Lost his for- 
tune in Douglas Heron 
Bank, and d.s.p. 25 Feb. 

'785- 

= Elizabeth Barker, who 

was granted pension of 

^40 in 1785 by Society 

of Advocates. 



Robert, 1675 

Dean of Guild 

: Janet Kirkpatrick 



Agnes, 1677 
John Mitchelson 



a dau. 
= D. McCuUoch 



Janet, 1686. 
= George Maxwell of 
Southbar. 



I 

John 

born 21 Ap. 1737 

died young 



John 
y May 1710 



James 
28 Feb. 1712 



William 
13 Ap. 1714 



Janet Marion 

II Aug. 1715 22 July 1719 



Charles Ebenezer Crosbie David 

bapt. 18 Sept. 1723 bapt. 3 Feb 

d. 20 Nov. 1808 '727 

= Ann Blair of Glenstoken 

born 1711, d. 26 Feb. 1797 
both buried at Colvend. 



Robert Crosbie 1746 
ran away to sea. 
Purchased Kipp 1778 
Killed by a fall at Mun- 
ches 27 Dec. 1798. 
= Jean McKie (17SO-1835I 
both buried at Colvend. 



John Crosbie of Kipp i774 

— 23 May 1849 
= Elizabeth Allman (i777- 
1848) buried at St. James', 
Liverpool. 



John Andrew 1748 

= Margaret Carson, grand 

dau. of Robert Carson of 

Kipp. 



Margaret 



issue 



^^^.^M^«»f^« 



William, 1780 
sold his share of Kipp to 

his nephew Robert. 
Founded U.S.A. branch. 



and 6 others. 



Robert Crosbie of Kipp 

(1800-1862) 
= Cecilia Barret, d. 1864 



and 5 others 



Charles Edward Crosbie 

of Kipp (1828-1907) 

= Ada Elizabeth Cassie 

no issue. 



John George Crosbie 
= Mary dau. of Charles 
Bloomfield of Co. 
Fermanagh. 

Charles H. Herries 
Crosbie, of Flowerburn 
= 1904, Eva G. L. dau. 
and heiress of Col. R. 
Grogan-Mackenzie, of 

Flowerburn. 



and seven others. 



CUNYNGHAME OF CONHEATH, WOOnHALL, AND DUMFRIES 



Adam de Cunynghame, 
1477- 



William Cunynghame, 

bailie, 1498. 
= Katherine Birkmyr. 



Thomas. 



David Cunynghame, 

bailie 1549 and 1562, 

d. by 1567. 



Herbert Cunynghame, 
burgess and patron of St. 
Gregory's Chapel, 7 Dec. 
1550 (M. Carruthers' Pt. 
Bk.). Town Clerk and 
heir to his grandfather in 
Crukit Akyr and Rerik's 
Close (ibid. f. 9). Proof 
is yet lacking that he was 
a son of David C. He 
probably d.s.p. 
= Maggie Charteris. 
(Burgh. Ct. Bk. 6 May, 
1526). 



Herbert Cunynghame, 

notary, junior, 1615, 

probably d.s.p. 



I 



Thomas 



Eliseus C, d. by 1562. 

= Agnes Maxwell, his 

relict, 

(Burgh Ct. Bks., 8 July, 

1562.) 



John C, 1549, d. by 1567 
= Elizabeth Gledstanis. 



John C. 1574. 
Legatee of Dom. 
Rig. 



Cristall, C. 
John (Burgh Ct. Bks., 7 
1563/4- 



I 
William C. 



I 
John C. 



Mar. 



C. 
= Alexa^ider Carlell 

Pt. Bk. 1.). 



M, 
lex 
(Herbert C 



William C, bailie 1573 

= Katherine Jarding 

(Herbert C's Pt. Bk. I. 30 

Sept. 1567). 



John C, 
sold Nether Rerik 1567. 



Cuthbert C, of Conheath, 

notary. 

= in 1614 Grissell Men- 

zies, dau. of John M., of 

Castlehill. (Robert C's 

Pt. Bk., f. ss). 



Mungo C, in Newtown. 
= Katherine Kennedy 
(Burgh Ct. Bk., 26 July, = (i) Helj; 
1563)- 



Mr. 



r 



Agnes 
(Burgh Ct 



of 



Cuthbert C. 
Conheath. 
= Issabell Williamson (?) 



Pt. 



Jonet (Herbert C's 
Bk. III., f. 158). 
= Mr. Herbert Gledstanes 
schoolmaster. 



15" 



Thomas C. 



Katherine C. 

= (i) John Rig, d. by 

154T. 

(2) George Maxwell, 

burgess. 

(M. Carruthers' Pt. Bk.) 

Jonet Maxwell. 

= Herbert Maxwell, of 

Kirkconnell. 



Herbert C. burgess 1549 
(R.M.S. 1546/80-556). 



Herbert C, burgess, 

d. by 1612. 

(Herbert C, Pt. Bk. 

IV. f48). 



Thomas C, factor in 

Campheir, heir to his 

brother 1612. d. Sept. 

1678. 



Hew. C, 
,d. Nov., 
Merschall. 



1573 
1579- 

(2) Jonet Maxwell 
(Edin. Tests.) 



Andrew C, 1570. 

burgess and witness to a 

Craiganis writ in 1558 

(Laing 685). 

= Agnes C. 



I 
Marion 
Bk., 16 Jan., 
2/3)- 



Margaret 
Elizabeth 
Isobel 



Robert 
John 



Elizabeth bapt. 8 March, 

1624. 

= James Cunynghame, 

Town Clerk, 1656. 



William C, 
Town Clerk, 1629. 



Jonet, bapt. 10 Feb. 1621 



Herbert C, notary, 

Town Clerk and Provost 

of Swyre, d. 1627. 

= Elspeth Maxwell. 



v'ith : 



I 



Herbert C, 
bapt. 25 June, 1620. 



Agnes, 
bapt. 23 Ap., 1623. 



Thomas C, burgess 1612. 

(Herbert C's. Pt. Bk. IV. 

f. 96a). 



Herbert Cunynghame, 
heir 1656. 



Adam C, 
bapt. 30 Dec. 163s. 



Adam C, 
gait, 1602. 
parentage 
tnfeft in 
etc., 1608, 
failing hei 
C, Town ( 
C's Pt. Bk. 
cate bef or< 
missary by 
ton and W 
bef 01 e 



= Chris 



Mr. Adam 
of WoodhMl 
Derga 
= Elizab 



the Souter- 

Evidcnce of 

still lacking. 

Lochermoss, 

remainder 

to Herbert 

(Jlerk. (Robert 

f. 8). Advo- 

1607. Com- 

1625, of Arkle- 

oodhall. d. 

1639. 
ian Brown. 



Adam Cunynghame, 
Woodhall, 
buried 3 Nov. 1692. 



Adam Cunynghame, 

of Woodhall, 

Commissary of Dumfries, 

buried 21 Dec. 1675. 



I 

John C, of Woodhall. 

= Elizabeth, sister of 

George Lauder, of Eding- 

ton, 1705. 



Magdalen. 

: Mr. Robert Bonnet, 

minister at Hailes. 



Elizabeth, 
buried 10 Oct. 



1667. 



of Mr. John Cunynghame, 
of Dergavells, Commis- 
sary of Dumfries, 1650. 
= (i) Christian Fforest. 
(2) Agnes Maxwell. 
(Part. Reg. Sas. 10 Aug. 
1649 and 5 July, 1650). 

I 

Elizabeth Cunynghame. 

= John Johnstone, M.D., 

at Paisley. 

John Johnstone, retoured 
in Dargavells, 1695. 



bapt. 13 



Robert C^, burgess, 

admitted notary 31 Jan. 

r6o2. Conjoint Town 

Clerk, 1623 (R.P.C. XIII. 

153)- 



Katharine C. 
= (i) Matthew Davidson 
by whom she had issue. 

(2) Thomas Batie 

(Burgh Ct. Bk. 29 May, 

1563)- 



Jonet C. 

= John Rogerson 

(Burgh Ct. Bk. 15 Nov. 

1563)- 



William C, wit. 7 June, 
1593. (Herbert C's. Pt 
Bk. II.), burgess of Edin- 
burgh (ibid. IS Ap. 1595). 

Thomas, son. nat. 1609. 



James C, bailie 1616, 

d. by 1656. 

= Jonet Johnstone 

(Robert C's Pt. Bk. f.62). 

James Cunyngham, Town 
Clerk and Advocate, 1656, 

d. by 1662. 
-.= Elizabeth, dau. of Mr. 
Cuthbert C, of Conheath. 



John C, wit. 12 Feb. 1595 
(Herbert C's Pt. Bk. II.) 



Cunynghame, 
heir in 
ells, 1647. 
3th Schoner. 



Mr. Cuthbert Cunyngr 
hame, bapt. 10 Dec. 164:?. 
= Mary Murray, of St, 
Mungo's parish, 25 July, 
1668. f 



James C, 
bapt. 19 May, 1644. 



Christian, 



Nov. 1640. 



Alexander, 
bapt. 3 Jan. 1642. 



Margaret, 
bapt. 7 Aug. 1644. 



John C, 
bapt. 3 Oct. 1667. 



James C, 
bapt. 27 Ap. 1671. 



GLEDSTANES OF OVER KELWOOD AND CRAIGS 



(1505—1612.) 



Herbert Gledstanes, Rector of Dornoch 
Buys Over Kelwood, icor 

I 
? 

Thomas G. of that Ilk 
Sasine of O.K. 1509. There 1524. 



John G. of that Ilk. 
Sasine of O.K. 1525. 



Margaret Jardyng; 
alive 1537. 



Walter G. of that Ilk & 

Craigs. Sasine of O.K. 

due 1570, alive 1593. 

JohnG. of that Ilk, i5q4 
& of Craigs. Settles 
'J.K. on Alexander G 
in 1606. 



gnes Maxwell, 
d. 1628. 



Margaret = James Watson, 
^- burgess of St. 

Andrews. 



Matthew G. of that Ilk. 
Sasine of O.K. 1536. 



Elizabeth Levinstoun, 
alive 1539, dead by 1541 



Mirabella G. = 
dead by 1555, 



1541 her father's = 2ndly Margaret Hen 

o/=:;.ro^^^3Sll'at:^^'""?^"-^^ 



By I st or 2nd wife t?r 



Considerable family, including— 

^f^%7\ ^J, ^'''^^P- = Christian Durie 
ot bt. Andrews, d I 



A, I 

Alexander G. = Margaret 

Archdeacon of St. I Gledstanes 

Andrews, gets' 

O.K. from John 

G. 1606, sells to 

Matt. Hairstanes 

1612. 



I 
3 daus. 



& 3 daus. 



Elizabeth 
G. 



Matthew 
Hairstanes, 
buys or gets 
O.K. from 
Alex. G. 1612. 



Agnes = John Hairstanes, jr., 
G. burgess of Dumfries. 



Thomas Rig, 1476, 
= Margaret 

Hugh Rig, in Dumfries, 
1506, perhaps identifiable 
with Huchoune of Rig, 
treasurer, 1507. (Burgh 
CtBks., i5Dec.),d.byi5io. 
= Agnes, dau. of George 
Johnston (C. Simon, Pt 
Bk. 469). 



RIG OF DUMFRIES. 



John Rig, 1510, d. by 
1547 (Simon Pt. Bk. 483). 
= Katherine Cunyng- 
hame (M. Carruthers Pt. 
Bk.). 



John Rig, d. by 1562. 

(Burgh Ct. Bks. 22 Dec.) 

Perhaps of Meikle Dry- 

burcht, I5i;9. 

I 
I 



James Rig, 
made burgess 5 Oct. 1525 
(Burgh Ct. Bks.), skinner, 

d. by 1561. 
= Elizabeth Hairstanis, 
IS March, 1534 (Burgh 

Ct. Bks.). 

Katherine Rig, owned 
land in Wetslacks and 
Hairstaines tenement. A 
minor 1561, under cura- 
torship of Peter Rig (4 
March 1561/2, Burgh Ct. 
Bks.) Testament dated 27 
Dec. 1562 (ibid.). 



John Rig, burgeis of 
Edinburgh. Heir (o his 
"fador bruders dodhter " 
Katherine, 27 Jan. 1562/3. 
Resigned Hairstanii tene- 
ment in favour of | Dom. 
John, 1573. (Herbett C's. 
Pt. Bk. I.). 



Patrick Rig, 

burgess of Edinburgh 

(See next pedigree chart). 



I 

Mr. Hugh Rig, 

burgess of Edinburgh 

(See next pedigree chart). 



Jonet Rig. 

= John Welsche. 

(23 Oct. 1533, Burgh Ct. 

Bks.). 

He was d. by 1552. 



Isabel Rig, 

15 March, 1535. 



James Rig, bailie,' 1560. 
Provost 1567. Trttor to 
his niece Margaret. ^ With 
his 2 sons of same name, 
legatee of Dom. John. 



Dom. John Rig, 
Prebendar of Lincluden. 
d. post April, 1574. 
Buried with his forbears 
in St. Michael's. (Edin. 
Tests.). 



James Rig, notary bur- 
gess, alive 1594, d. by 
1607. 



Peter Rig, made burgess 
by reason of his wife (5 
Oct. 1536. Burgh Ct. 
Bks.). Dean i Oct. 1561. 
d- by 1574. 



Mr. William Rig. 
(Robert C's Pt. Bk. f .60- 



I 



Agnes Rig, I 

= Thomas Max^^ell, 

brother of Keltcn. 

(Herbert C's Pt. Bk III. 

f.QQi. 



James Rig, chirugeon, 

1586. 
= Margaret Forrest, 18 

Dec. 1596. 

(H. Cunynghame's Pt. 

Bk. II.). 



I 



I 



John Rig, resigned his 
tenement in Millburnbrig 
in favour of John Rig, 
dyer, 1569. (Herbert C's 
Pt. Bk. I. f. 136). 



Beatrice Rig, 
= — Williamson. 



David Williamson. 



William Rig, 
legatee of Dom. John. 



John Rig, heir to his 
grandfather, 30 Nov., 
,1562. In Jardington 2 
Dec. 1562, probably of 
Meikle Dryburcht. (H. 

,Anderson, Pt. Bk. II. 87). 

j d. by 1568. 



I 



Robert Rig, Katherine. 

heir to his brother in = James Lindsay, of 

Jardington ,568. (H. Barcloy, 31 March/ 1S69. 
Anderson, Pt. Bk. II. 79). (Burgh Ct. Bka). 

Dead by 1574. 
1 



James Rig, chirugeon. 
= (i) Bessie Gledstanis, 

1622. 
(2) Margaret Norton, 1642 



Robert Rig, heir to his 

brother 1649. Probably 

identifiable with Robert 

Rig, wright. 

= Elspeth Maxwell. 



Edward Rig. 



Barbara. 



John Rig, son nat. 
legatee of Dom. John. 



George Rig, son nat. 
executor of Dom. John, 
Deacon of the Crafts, d. 

Dec. 1636. 
= (i) Mariota Neilson, 
1606. (Herbert C's Pt. 
Bk. III., f. 163). (2) 
Marion, dau. of George 
Rig. 



I 



William 

Rig, 
son nat., 
(H. Cunyng- 
hame's Pt. 
Bk. I., 
f. 92). 



John Rig, son nat. 

called of Chapel residuary 

legatee of Dom. John. 

= Elizabeth Shaw 

(6 Dec. 1570. Burgh Ct. 

Bks.). 



Margaret 

Rig, 
dau. nat. 



Archibald 
Rig- 



David Rig, son tat. 
legatee of Dom. Jphn 



Agues, dau nat. 



Mariota Rig. 



I 



Elizabeth Rig. 



E John Rig, son nat. 
(31 March, 1569. Burgh 
Ct. Bks.) 



Grizel, dau. nat. 



John Rig, heir to his 
brother, 1596. Messenger 
and notary in Dunreggane. 
Sold chapel lands to 
Robert Phillope, notary, 
25 Feb. 1613 and 15 
June, 1614. [Robert C's 
Pt. Bk., f, 36 and 57). 

George Rig, son nat., 
had charter of Dunreg- 
gane. d. by 1636. (Edin. 
Tests.) 



William Rig. 



Janet Rig. 
John Hairstanes. 



Marion Rig, 
George Rig, son nat. 
of Dom. John. 



Andrew McBrair 
Bailie 1384. 

Herbert McBrair 
obtains Almagill 1427 
d. before 1444. 



MACBRAIR OF ALMAGILL AND NETHERWOOD. 



I 

Robert McBrair 
Provost 1453-4 and 1476-7 
obtains Netherwood 1453-4 
d. by i486 
= Marion Rig 



Nicolas McBrair 

Provost 1 484-1512 

d. before 1515 

= Elizabeth Carruthers 



Herbert, bailie 1471-5 and 

1488. d. by 1496 
= Agnes Grierson 

Thomas 1532, d. by 1562. 

Thomas in Laripotts, 31 
Aug. 1562. 



Schir John 
murdered 1504 



Robert 
Deacon 1520-29. 



Thomas 1 520-1 
son to Robert "elder' 



James 
d. before 1575 



Roger McBrair 
Provost 1515-40 
alive 1549. 

I 
John McBrair 
Provost 1549-60 
d. Feb 1561 
= Margaret Maxwell 



Janet 

= John Crosbie 
merchant. 



William 
in Conhaithrig 



John_ 1444 

Robert bailie 
executor 1496 



Schir Herbert 

1519 & 1524 

Chaplain of Our 

Lady Service. 



Katherine 1524 

= William Johnstone 

Herbert Johnstone 
heir to Schir Herbert 1567 



Thomas 

d. before 1575 

= Kather ine JCirkhaught 



John 1575 served heir 
to his uncle James. 



William, made burgess, 
March, 1534. 



Archibald McBrair, b. 
Tutors by his father's will 
the Master of Maxwell or 
his daughter. 
Provost 1568-83. 
Executed Jan. 1588. 
= Agnes Grierson 



i.';47- 



Marion, n; Oct. 1561 
(Burgh Ct. Bks.) 



Robert McBrair 
Provost 1599 
sheriff of Dumfriesshire 
1619. d. 28 Oct. 1639 
= Margaret Murray, 
of Cockpule 



John burgess 1596, heir to 
his brother Thomas 



I 
William 1621 



Thomas 1596. 

named "younger of John" 

mvrdered by a Cunyng- 

hame. 



Archibald burgess 
1590-1— 1602 (R.P.C. VI. 
720) 



James McBrair 
Wit. a Lag. sasine 
28 March 1588. 



John McBrair of Almagill 

heir 26 Aug. 1643 

d. before 1646, m. 12 Feb. 

1634 
= Jean Maxwell dau. of 
Robert Earl of Nithsdale. 



Robert McBrair 

of Almagill & Netherwood 

heir 1646, d. Sept. 1655, 

whilst a minor 

= Marion Maxwell 



Robert McBrair (post- 
humous) heir 1664. 



Alexander McBrair 

bapt. 4 June 1696 

d. Jan. 1738 

= Susan Rome (of Cluden) 

married irregularly at 

Bewcastle 25 Nov. 1719 

(K. Sess. Rec. 7 Ap. 1720) 



Robert, 1619, 1643 



Agnes 

= Robert Crichton of 

Ryehill, 
who d. Nov. ^540, leaving 
7 children (see his will). 



Agnes 



Elizabeth 



John. s. n. 
bapt. 4 March 1608. 



John 
bapt. 19 Ap. 1668 



John 
bapt. 24 Nov. 1690 



Janet 
bapt. 29 March, 1692 



Agnes 
bapt. 9 Nov. 1686 



David,_ bapt. 26. Jan. 
1608-9, °f Nunholm, 1639, 
of Newark 1648, murdered 
in 1667. 
= Sophia Crichton 

I 
Robert McBrair 
of Newwark, Tutor to his 
cousin Robert 



Susie 
bapt. 17 Jan. 1671 



a son natural by Elizabeth 
Mure, relict of Andrew 
Lisle physician and now 
spouse of John Murray 
merchant (Reg. Bands. 
1656-8). 



Joan 
bapt. 12 March 1695 



I 
Robert 
bapt. 24 May, 



Robert McBrair 
bapt. 30 July 1723 
d.s.p. 1742 (Barjarg 
sold property 



Thomas Wilhelmina 

bapt. 24 Nov. 1726 bapt. 27 Jan. 1730 bapt. 
MSS.) d. 23 Oct. 1796 



J 733 



James Agnes bapt. 19 Jan. 

20 July 1731 heir to Willhelmina 

= Benjamin Dodd of 51st 
Foot. 

I 

James Dodd 

Brigadier-General 

sold estates. 



I 



a son Susan 

bapt. 26 Jan. 1736 (Barjarg MSS. 
? William (Barjarg MSS.). 



Benjamin 



Susanna 



JOHNSTONE OF ELSCHIESHIELDS. 



Gavin of Johnestoun of the Wood. 

= Mariota Scott, who married andly a Jardine and 
had a second son Oliver Jardine (R.M.S. 
1424-1513 — 1661). 

I ■ ^ 



Archibald (dead in 1480). 

Gavin of Johnestoun 
heir to grandfather 1480 



Gavin of Esbie 



William de Johnestoun of 
Marjorybank, alive 

1480. Ancestor of 

Lockerbie branch. As- 
signee of Thomas de 
Johnestoun (A.D.C. 65). 



1 



William of Johnestoun 
heir 1520. d. circa 1546 
= (i) Katharine Douglas. 



Archibald of Greskine. 



(2) Katharine Kirkpatrick. 



John 



John of Johnestoun 
d. Dec. 1574 

buried in Lochmaben Kirk. 
= Elizabeth McMath. 



William of Reidhall 



Wilkin Johnstone 
heir 1574 
d. Sept. 1625 
Provost of Lochmaben 

1617 
= Isabel Charteris 



Adam, tutor of his 
nephew Archibald 

John in Mill lands of 
Lochmaben. 



I 
William 



James 



I 
Robert 

1 
John 



I 



I 



James 
dsp. ? 



Archibald Johnstone 
1626 heir to his father 

and brother James 



William A dau. 

= Alexander 
Johnstone, 
Advocate. 



John Johnstone Elizabeth, m. 27 Oct. 

heir 1647. d. 1688 1671 

= Catharine Maxwell. = John Irving, tutor of 
(Presbytery Rec. May Bonshaw. 

1652) I . 

I John Irvmg. 



Katherine 

= John Kirkhous, 

younger, of Bogrie 

(R. Cunynghame's Pt. 

Bk. 53a). 



Adam, 

feuar of Temple lands 
Reidhall 1636 

I 
John 

Jean, heir to Adam 1661. 
= . . . Henderson 



Alexander Johnstone 
heir 1688 
= (i) Marion Grierson (2) Janet Carruthers. 



James, the claimant 



Marion Johnstone Gavin Johnstone 

= Robert Edgar, dsp. March 1732 

writer in Dumfries. 



Janet, heir to Gavin 1739 
in Mill lands of Loch- 
maben. 

= Hendry Elliot 



Alexander Johnstone con- 
veyed property to his 
half - brother, James 
Maxwell of Barncleugh, 
dsp. 8 Sept. 1735. 



Theodore Edgar of Elshie- 
shields, 
dsp. 1784. Feb. 5. 
= Esther Pearson. 



Marion 



I 
Margaret 



Marion Edgar 
= John Dickson 



Theodore Dickson 
d. by 1784. 



John 

4 — I Nov. 
d.s.p. 



.858) 



Marion Dickson 

= 'William Byrne, from 
whom is descended the 
present proprietor. 



Nicolas Halyday, bailie 
1445. 



Nicolas Haliday, 1510. 

■> slain at Pinkie (Edin. 

Tests.) 



William H. 1506. 

1 
William H. 5 Nov. 1561 



HALYDAY OF TULLIEBOYLE. 



John Haliday, bailie 1528 



Adam H. 



Walter H. j Marion. Roger H. 

I(i2 May 1536 Burgh Ct. 1 

I Bks.) John H., 13 May, 1562. 



John Haliday 1570 
= Marion Cuke. 



James H., d. by 15&0. 

Thomas Haliday, 
Commissary of Dumfries. 



Edward H. in Luce 
1580 (Aitken MSS.) 



Cuthbert H. 
15 Oct. 1561. 



I 
Gilbert H. 
Bessie Kirkpatrick, 
2 Dec. 1562. 



Herbert H., 
13 May, 1562. 



John Haliday, writer and advocate 

purchast TuUieboil 1598 d. 19 Sept. 1606 

= (i) Margaret, dau. of James Moncrieff of Easter 

= (2) Elizabeth Hay, dau. of Patrick Hay of Pit- 
four, d. 2 Dec. 1615, and married 2ndly Sir 
George Boswell of Balgony. 



John H., officer 

made freeman 25 Nov. 

1562. 

s. of late John H., and 

grandson of late Patrick 

Scharpe. 



Jonet, 
= John Lindsay, 
25 Feb. 1561/2. 



Sir John Haliday, advo- 
cate 10 July 1605 
built present castle 
d. 31 Jan. 1619 
= Helen, dau. of Sir W. 
OUphant of Newton 



James Haliday, advocate, 
d. 1625, of Pitlochie. 
Commissary of Dumfries. 
= (i) I Oct. i6og Marion 

Henrysoun 
(2) Marion Maxwell. 



William Haliday 
= Elizalieth Burne. 



William Haleday, of TuUieboil, d. Jan. 1665. 
= (i) Annabel Bruce, dau. of Sir Robert Bruce of 

Clackmannan, separated 26 Jan. 1637 (R.P.C. 

2nd ser., VI. 371) 
(2) Isobel, 4th dau. of Andrew ist Lord Rollo 



Catharine 



I 



John Haliday of TuUieboil 

d. 12 Nov. 1722 
= (i) Elizabeth, dau. of Sir W Douglas of Kirkness, 

d. 9 Jan. 1696. 
(2) Barbara, only dau. of Robert Ker of Graden 
by his and wife. d. June 1746. 



James Haliday of 

TuUieboil 
d. 9 May 1723 
Janet Alton 



Capt William, who 
succeeded his nephew 
in Tullieboill and 
sold it. 



Robert 
dau. of 
Horn of 
thumberland 



Robert Haliday of 

TuUieboil 

b. 16 Sept. 1694 

d. Nov. 1737 



and other issue. 



Catharine m. 6 July 1617 
= William Oliphant, of 
Pitlochie, eldest son of 
William Oliphant, 3rd 
son of Lawrence, 4th 
Lord Oliphant 



Grizel 
horn 17 March 1596 



Helen 
born 3 Nov. 1600. 



Margaret 



Margaret=William Halkerston 
of Rashillet, with issue. 



Rel lecca 



fohn 

Nor- 



Catharine = Rev. 
Archibald Moncrieff 
minister of Black- 
ford. 



Isobel, b. 28 July, 1710 
= James Steel, Officer of 
Excise, Edinburgh. 



Jacobena b. i Sept. 1693 
= William Aitken mer- 
chant in Edinburgh, 2 
Feb. 1724 



I 
Barbara = Robert Lindsay 
of Bowhill, & d. ig 
March 1747. 



Helen b. 18 Feb. 1702 
= William Bennet, tacks- 
man of the town coal of 
Dunfermline. 



b. 



Susan 
19 Ap. 1706. 



HAIRSTANES OF CRAIGS. 



John of Hayrstaneis 
made burgess 19 Nov. 

1506 (Burgh Ct. Bks.) 

lessee of Crukit Akir, 29 

May, ii;27, 

ti- by 1533/4 (ibid.) 

I 



I 

Isobell Hayrstanis, 

heir to her father in a 

house in the Soutergait, 

15 March 1534 (Burgh Ct. 

Bks.) 

= James Rig. 



1 



David Hairstanis 

Cuthbert Hairstanis 

in Over Penfillane, d. 

Dec. 1642. 



I 1 I 

John H., burgess 18 Mar. Thomas H., Jonet H., heir to her 

1561, receives a charter of d. by 18 Jan. 1561/2. brother Thomas in a 

7 ruids in Wetslacks, 29 = Marion Hunter, who house in Lochmabengait, 

July, 1563. m. John Welche. 22 Feb. 1562/3 (Burgh. 

Ct. Bks.). 
= Andro Hodgeoun. 



Herbert H., 
8 June, 1572. 



Cuthbert | 
James ) 



I 
John 
Gilbert 



i 
William 



I 
Mathew Hairstanes, 
d. May 1628 
= (i) Anna Fergusson (2) 

John d.s.p. 

(Rec. of Clan Ferguson 

380). 



Elizabeth Gledstanes. 



Isobell 
bapt. 



I 
20 March 1608 



Agnes 
bapt. 17 Oct. 1623 
= Provost Copland. 



Elizabeth 
Test. 30 Dec. 



John Hairstanes, senior, 
heir to his brother in an 
annual rent from Dun- 
cov? : and in 10 merk- 
land of Grange : heir to 
his niece Elizabeth. 9 
Dec. 1629. 

= Jonet Batie 
(Herbert C's Pt. Bk., 
10 Oct. 1598). 



1629 



John Hairstanes, yr. of 
Craigs, 
charter of Overkelwode 
1628. 

(i) Agnes Gledstanes ; (2) Agnes Douglas 
m. 6 August 1659. 

I 
John Hairstanes 

bapt. 10 Dec. 1661. 
called younger of Craig 
d.s.p. 



James Hairstanes, 
alive 1631. 



John Hairstanes 

merchant traveller in 
England. 



Mathew Hairstanes of 

Craigs. 
bapt. 22 Ap. 1624. 
heir to his father 1686, 

Jan. 5. 



Elizabeth 
= (i) John Sharp, 
commissary clerk. 
(2) Major Carruthers 
sheriff depute (Gen. Reg. 
Sas. 3 May, 1664). 



William H. of Craigs 
bapt. II July 1687 
heir to his father 10 

Jan. 1699. 
ad. burgess. 5 Sept. 

1720. 
= Mary Maxwell. 



Agnes 
bapt. 4 Dec. 16 



/Mathew bapt. 16 Dec. 
I Isobel bapt. 3 Feb. 1691. 
I John bapt. 26 Feb. 1692. 
j fames bapt. 26 Oct. 1693. 
I William bapt. 14 Aug. 
^oan bapt. 9 Aug. 1696. 



1695- 



Agnes Hairstanes 
bapt. 30 Ap. 1 71 1. 



Matthew 

bapt. 25 Aug. 1712 

died young 



Isabella, relict of Mr. 

John Mathison, minister 

at Edinburgh. (See her 

Test. 1766). 



Elizabeth 
bapt. 13 Aug. 1717. 



Capt. John Mathison 
of H.M. Panther, 

d. b^r 1765. 



Jean Mathison, 

= W. Corrie, merchant in 

Dumfries. 



Marion 
heir to her brother, 
22 Feb. 1687. 



Susanna I twins bapt. 
George | 6 Dec. 1697. 

[George was buried 

10 Aug. 1702] 



Winifred 



Mary 



RIG OF CARBERRY AND ATHERNIE. 



Hugh Rig in Dumfries 1506. d. by 28 June 1510. 

= Agnes, dau. of George Johnstone {Simon Pt. Bk. no. 469). 



I 
Mr. Hugo Rig 

Advocate 1537, burgess of Edinburgh. 
i. probably soon after 1546. 
= Janet Hoppar. 



James Rig of Carberry. 

d. circa 1600. 

= Margaret Ramsay. 



Mr. Mungo Rig 
= Helen Cranstoun 



Mr. Abraham Rig 

in Preston Grange 1627 



Robert Rig 
alive 1630 



James Rig of Carberry, 

heir 1617, d. 1644. 
= Elizabeth Hamilton. 



Helen Rig 
= Mag John Rig of 
Rigsland, advocate, 
m. 19 Feb. 1633. 



I 
Elspeth 
bapt. 6 Oct. 1633. 



1 



William Rig of Carbe 
= Janet Dischington 



Margaret Rig 

= James Skirving of sold Carberry to Sir 
Plewland hill. Adam Blair. 

Mary Rig. 



Agnes Rig. 



John Rig 1510 
(Simon, no. 483) 



James Rig 



ry, 



I 

William Rig, 
bailie of Edinburgh 
= Catharine Row 



William Rig of Athernie 
= Catharine Moneypenny 
heir 1619. 



Mr. Thomas Rig of 

Athernie 

= Anna Dundas. 

heir 1644. 



Mr. Patrick Rig. 
d. by 1665. 



William Rig of Athernie 



? 



Patrick Rig, 

burgess of Edinburgh, d. Dec. 1578. 

= Elizabeth Hoip, d. 28 Oct. 1578. 



I. William Rig elder 
= Margaret Donaldson 
m. 12 Feb. i6i8. 



William Rig younger 
= Sarah Inglis 
m. 9 Jan. 1612. 



I 

2. James. 

3. Mr. John. 

4. Patrick, d. Aug. 1585 

5. Andrew, d. Aug. 1585 

6. Christiane. 

7. Elizabeth. 

8. Marion. 

9. Janet, probably d. by 

1587- 
10. Katherine. 



William Rig 
heir 1693 



Euphame Rig. 



James 
bapt. 12 Feb. 1635. 



John 
bapt. 28 Feb. 1636! 



William 
bapt. 14 March 1637 



Thomas 
bapt. 17 Ap. 1639 



Agnes 



James Rig 
d. 1677. 



Walter Rig 
wit. 1654. 



I 
Catharine Rig, 
Lady Cavers, 



I 
Margaret