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Aberdeen  University 
Studies      :      No.  87 


Records 

of  the 


County   of  Banff 


University    of   Aberdeen. 

UNIVERSITY   STUDIES. 

General  Editor:    I'.  J.  ANDERSON,   LL.B..   Librarian  to  the  University. 

1900  1913.     Ncis.    1-63. 

1014.     No.  l-n.—  '/.ooloRical  Stndie,.      I'rofessoi    Thomson  ami  others.      Scr.    VIII. 

No.  65.  —  Highland  Ho^t  of  1678.     J.    K.    Klder.    D.Litl. 

,,        No.  66.  —  Concise  hibliography  of  Aberdeen,  Banff,  and  Kincardine.    }.  V .  Kellas  Johnstone. 
n         No.  (iT.  — Bishop  Huriift  as  Educationist.     John  Clarke,   M.A. 

1915.  No.  6S.-   Territorial  Soldiering  in  N.fr.   S,olland.     J.    M.    Mulloch,    M.A. 

M  No.  69.  —  Proceedings  of  tin  Anatomical  and  Anthropological  Society,   1908-14 

,.  No.  •Jo.—  '/,oolo;^ica!  Studies.      Professor  Thomson  and  others.      Spr.    IX. 

ii  No.  7 1.  —  Aberdeen   University  Library  Bulletin.     Vol.   II. 

1916.  No.  72. — Physiological  Studies.      Professor  Mac\Villiain,    F.R.S.,   and  others.      Ser.    I. 

1917.  No.  73.  —  Concise  Bibliography  of  Inverness  shire.      I*,    f.    Anderson. 

n         No.  74. —  The  Idea  of  God.      Professor   Pringle-Pattison.      (Gilford   Lectures,    191213.) 
11         No.  75.  —  Interamna  Rorealis.     \V.    Keith   Leask,   M.A. 

No.  76.    -Roll  o)  Medical  Senite  of  British  Army.     Col.    \V.  Johnston,   C.B.,    LL.D. 

1918.  No.  -ft,— Aberdeen   University  I.ibiaty  Kulletin.      Vol.    III. 

No.  yS.  — A/oral  Value,  and  the  Idea  of  God.    \V.  R.  Sorley,  Lit!.  I).  (C.ifl'ord  Lect.,  1914-15.) 

1919.  No.  79.  -God  and  Personality.     C.   C.  J.   \Vel)l),   M.A.      (Gilford   Lecl.,    1918.) 

1920.  No.  Ko.—/)ii'iiic  Penonality  and  Human  Life.     C.   C.  J.   Webb,   (Gifford    Lect.,    1919.) 
„         No.  Si.—  Hulletim  of  College  of  Agriculture.     Nos.    15-27. 

1921.  No.  82. — Subject  Catalogue  of  Cruickshank  Science  Library. 

ii         No.  83.  —  Physical  Geology  of  the  Don  Basin.     A.    Bremner,    D.Sc. 
•  i         No.  84.  —  Koll  o)  Service,    1914-19.      M.   D.   Allardyce. 
n         No.  85.  —  Catalogue  of  Taylor  Collection. 

1922.  No.  86.  —  Aberdeen   University  Library  Bulletin.     Vol.   IV. 
No.  &;.  — Records  of  County  of  Banff.     James  Grant,   LL.B. 


Records  of 
The  County  of  Banff 


1660-1760 


ONE     HUNDRED     YEARS     OF 
COUNTY    GOVERNMENT 


COMPILED   BY   THE   LATE 

JAMES    GRANT,    LL.B. 

COUNTY  CLERK 


With  an  Introduction  by 
ALISTAIR   and    HENRIETTA   TAYLER 


Aberdeen 

Printed   for   the    University 
1922 


DA 


\G\ 


PRINTED     BY 

MILNE     AND     HUTCHISON 

ABERDEEN. 


IRew  SpalMncj  Club. 


The  Spalding  Club  founded  2$rd  December,   1839. 
Reconstituted  as   The  New  Spalding  Club  nth  November,  1886. 

patron : 
HIS    MAJESTY    THE    KING. 

presiftent: 
THE    MARQUESS    OF    ABERDEEN    AND    TEMAIK,    K.T.,    G.C.M.G.,    D.C.L.,    LL.D. 

Wice=presi»ents : 


THE  DUKE  OF  RICHMOND  AND  GORDON,  K.G., 

G.C.V.O.,  C.B. 

THE  EARL  OF  STRATHMORE  AND  KINGHORNE. 
THE  EARL  OF  SOUTHESK,  LL.D. 
THE  EARL  OF  KINTORE,  G.C.M.G.,  LL.D. 
THE  EARL  OF  ROSEBERY  AND  MIDLOTHIAN,  K.G. , 

K.T.,  LL.D. 
THE  LORD  FORBES. 


THE  LORD.  SALTOUX. 

THE  LORD  SF.MPILL. 

THE  LORD  PROVOST  OF  ABERDEEN. 

THE     1'KI.NtTl'AI.     OK     THE     UNIVERSITY     OF 

ABERDEEN. 

SIR  THOMAS  BURNETT  of  Leys,  Bart. 
'DAVID    LITTLEJOHN,   LL.D.,  Sheriff-Clerk,  Aber- 
deen. 


QrSinanj  flBembcrs  of  Council : 


W.  Bruce  Bannerman,  Croydon. 

John  Malcolm  Bulloch,  LL.D.,  London. 

John  George  Burnett  of  Powis. 

Sir  George  A.  Cooper  of  Hursley  Park,  Bart. 

Very  Rev.  Professor  James  Cooper,  D.D. ,  D  C.  L. , 

Litt.D.,  Glasgow. 

"Patrick  Cooper,  Advocate,  Aberdeen. 
•James  Edward  Crombie,  LL.D.,  Parkhill. 
•Professor  W.  L.  Davidson,  LL.D.,  Aberdeen. 

Professor   John   Wight    Duff,    D.Litt.,    Newcastle- 
on-Tyne. 

Francis  C.  Eeles,  London. 

Sir  John  Fleming  of  Dalmuinzie,  LL.D. 

George  M.  Fraser,  Public  Library,  Aberdeen. 


Colonel     R.     G.     Gordon-Gilmour    of    Craigmillar, 

C.V.O.,    C.I!.,    D.S.O. 
Colonel   J.    G.    Wolrige-Gordon    of   Railhead    and 

Esslemont. 

*John  A.  Henderson,  Cults. 
*J.  F.  Kellas  Johnstone,  Aberdeen. 
William  Kelly,  A.  K.S.A.,  LL.D.,  Architect,  Aber- 
deen. 

William  Mackay,  LL.D.,  Solicitor,  Inverness. 
Sir  George    M.    Paul,    LL.D.,   Deputy    Keeper   of 

the  Signet,   Edinburgh. 
Professor  Robert  S.  Rait,  LL.D.,  Glasgow. 
*Rev.  James  Smith,  B.D.,  Aberdeen. 
John  Henry  Udny  of  Udny. 
Robert  M.  Wilson  of  Tarty,  M.D. 


Secretary : 
*P.  J.   ANDERSON,   University  Library,   Aberdeen. 

Treasurer : 
*WILLIAM   GARDEN,    18   Golden   Square,    Aberdeen. 


* Members  of  Executive  Committee, 


INTRODUCTION. 

T  N    introducing    this    book    to    the     Members    of    the    New 

Spalding    Club,   some  account    must   be  given  of   how  it 

came    to    be    written,    and    of    the    sources    from     which     the 

materials  were  drawn.  The  late  Mr.  James  Grant,  LL.  B., 
the  well-known  antiquary,  undertook  to  compile  this  work 
for  the  Club,  and  started  on  his  labours  before  the  outbreak 
of  the  great  War.  He  had,  of  course,  from  his  official  position 
as  County  Clerk  of  Banff,  unrivalled  opportunities  of  studying 
all  the  necessary  archives,  and  the  chief  source  from  which 
he  derived  the  information  contained  in  Chapter  1.  was  the 

Minute  Book  of  the  meetings  of  the  Barons  and  Freeholders 
of  the  Sheriffdom  of  Banff,  which  begins  on  April  15,  1664, 
and  ends  on  April  10,  1722.  This  fact  accounts  for  the 
apparently  abrupt  termination  of  Chapter  I.,  which  would 
otherwise,  in  accordance  with  the  plan  of  the  book,  have 
embraced  the  period  down  to  1760.  It  should  be  noted 
here  that  the  Barons  or  Freeholders  of  the  shire  had  to 
attend  the  Head  Court  in  Banff  to  "give  suite  and  presence 
to  the  King,"  as  represented  by  the  Sheriff  Principal  or  his 
depute.  The  office  of  Sheriff  was  borrowed  from  English 
usage  by  the  early  Scottish  Kings  ;  in  England  this  official 
has  ceased  to  have  much  political  power,  but  in  Scotland,  in 
the  period  under  consideration,  he  held  almost  undisputed 
sway  as  the  King's  Representative,  and  when  the  office  tended 
to  become  hereditary,  this  power  was,  of  course,  consolidated. 


viii.  INTRODUCTION. 

In  Cromarty,  for  instance,  the  family  of  Urquhart  long 
enjoyed  the  position,  but  in  Banffshire  no  family  had  a  com- 
plete monopoly. 

From  1668  onwards,  the  Minute  Book  gives  details  of 
the  procedure,  when  the  Barons  and  Freeholders  elected  two 
Commissioners  to  represent  the  County  in  the  Scots  Parlia- 
ment. Unlike  their  successors  at  the  present  day,  these 
Commissioners  gave  their  services  gratuitously  (p.  24),  and 
the  expense  of  the  journey  from  the  north  to  Edinburgh 
must  have  been,  even  to  a  rich  man,  considerable ;  while  the 
discomforts  incident  to  such  a  journey  are  emphasised  by  the 
fact  that  travelling  in  a  farm  cart,  with  a  feather  bed  laid  in 
it,  for  two  stages,  was  considered  luxurious  (p.  125). 

It  may  be  as  well  to  state  that  the  word  "  Baron  "  is  a 
Scots  term  applied  to  a  freeholder  whose  lands  had  been 
erected  into  a  free  barony,  within  which  the  baron  or  owner 
exercised  civil  and  criminal  jurisdiction.  Those  who  absented 
themselves  from  the  Head  Courts  were  fined  for  non-attend- 
ance (p.  65). 

For  Chapter  II.,  dealing  with  Commissioners  of  Supply 
and  Justices  of  the  Peace  from  1661  to  1718,  there  were  the 
old  land  valuations  to  be  consulted.  The  origin  of  Land 
valuations  is  very  ancient  and  somewhat  obscure,  but  for 
taxation  purposes  it  may  be  said  that  one  of  the  oldest  was 
made  in  the  reign  of  Alexander  III.  in  the  thirteenth  century, 
and  in  1474  Parliament  enacted  that  the  retours  should  state 
not  only  the  extent,  as  formerly,  but  the  actual  value  of  the 
land.  This  law,  however,  was  not  systematically  observed, 
and  in  1643  tne  Convention  of  Estates  appointed  Commis- 
sioners of  Supply  from  various  counties,  and  directed  them 
"to  use  all  legall  ways  to  informe  themselves  of  the  just 
and  trew  worth  of  every  personne  or  personnes,  their  present 


INTRODUCTION.  IX. 

yeare's  rent  of  this  crope  and  yeir  1643  to  landward  as 
weill  of  lands  and  teinds  as  of  any  uther  thing  whereby  yeirlie 
proffeit  and  commoditie  aryseth  "  (p.  142).  Thus  a  new 
valuation  of  the  land  of  Scotland  according  to  rental  was 
obtained,  and  Chapter  II.  shews  its  varied  increase  and 
changes.  Much  material  was  also  obtained  from  the  books 
of  Sasines  in  the  Court  House  of  Banff. 

The  Commissioners  of  Supply  were  appointed  or  excluded 
strictly  in  accordance  with  their  political  opinions  (p.  159). 
Their  duties  also  included  the  fixing  of  the  prices  charged 
for  raw  and  manufactured  products,  of  wages,  etc.  (pp.  226, 
241  and  246).  Previous  to  the  Civil  War,  land  had  been 
the  only  basis  of  taxation,  but  this  was  subsequently  broadened, 
one  early  measure  being  the  imposition  of  Excise  duties,  and 
after  the  Restoration,  Commissioners  for  the  various  counties 
were  appointed  for  ordering,  regulating  and  collecting  these 
dues. 

The  Poll  Tax  (Mr.  Grant,  in  his  heading  to  Chapter  II. 
prefers  the  word  "Pole")  was  originally  started  in  1667  as  a 
measure  of  relief  for  heritors,  and  in  1693  the  Convention 
Parliament  imposed  a  graduated  poll  or  pole  tax  on  the 
inhabitants  of  Scotland,  in  order  to  clear  off  arrears  due  by 
the  Crown  to  the  country  and  to  the  Army  prior  to  ist 
February,  1691  (p.  201). 

For  Chapter  III.,  on  Road  Administration,  the  informa- 
tion was  derived  from  the  Minute  Book  of  the  Commissioners 
of  Supply  and  Justices  of  the  Peace  of  the  County,  which 
begins  loth  November,  1696;  but  the  earliest  reference 
bearing  on  road  administration  is  an  entry,  ot  25th  May, 
1710,  and  from  1718  to  1760  a  verbatim  narrative  in  some 
detail  is  furnished. 


INTRODUCTION. 


The  last  Chapter,  dealing  with  Commissioners  of  Supply 
and  Justices  of  the  Peace  from  1719  to  1760,  was  only- 
completed  down  to  1750.  Mr.  Grant  had  completed  a  large 
portion  of  the  book  when  he  was  forced  to  lay  it  aside  for 
military  duties.  On  being  invalided  out  of  the  Army,  he 
was  able  to  resume  his  work,  and  had  practically  finished 
it  at  the  date  of  his  sudden  death. 

Mr.  P.  f.  Anderson,  of  Aberdeen  University,  and  Mr. 
Grant's  brother,  Mr.  John  Grant,  of  Dufftown,  then  approached 
the  present  editors,  and  asked  them  to  prepare  the  book  for 
publication.  It  was  not  considered  advisable  to  add  any  new 
material  ;  indeed,  the  book  having  been  set  up  in  type  some 
years  previously,  no  alterations  or  additions  could  well  be 
made  to  it.  In  consequence,  a  few  slight  errors  are  to  be 
found  in  the  text  of  the  work,  and  for  this  reason  a  somewhat 
large  addenda  and  corrigenda  has  been  provided,  and  no 
details  appear  as  to  the  last  ten  years,  which  should  have 
been  treated  in  Chapter  IV. 

Before  proceeding  further,  it  will  be  proper  to  give  some 
account  of  the  compiler's  life  and  other  work. 

Mr.  James  Grant  was  a  native  of  Mortlach,  Banffshire. 
being  the  third  son  of  Mr.  William  Grant,  of  Glenfiddich 
and  Balvenie  Distilleries.  He  was  one  of  seven  brothers, 
five  of  whom  became  graduates  of  Aberdeen  University— a 
somewhat  remarkable  family  record. 

James  was  born  on  25th  September,  1865,  at  Crachie, 
near  Dufftown  (now  in  the  Burgh  of  Dufftown),  and  began 
his  education  at  the  Parish  School  of  Mortlach  ;  subsequently, 
going  on  to  the  Public  School  of  Ythanwells,  Aberdeenshire! 
where  his  studies  were  directed  by  his  brother,  Mr.  John 
Grant.  From  the  latter  school  he  passed  direct  to  Aberdeen 


INTRODUCTION.  Xi. 

University,  where  one  brother  had  preceded  him  and  three 
others  followed.  He  had  a  most  successful  career  at  the 
University,  graduating  in  Arts  in  1887,  with  second-class 
honours,  having  won  the  Seafield  Latin  medal  and  the  Dr. 
Black  Latin  prize. 

All  his  life  he  had  the  instincts  of  a  scholar,  and  after 
taking  his  degree  he  turned  his  attention  for  some  time  to 
teaching,  but  he  had  too  much  ambition  and  restless  energy 
to  pursue  for  long  the  somewhat  dull  career  of  the  "  Dominie," 
so  he  proceeded  to  Edinburgh  University  and  studied  Law, 
taking  the  Degree  of  LL.  B.  with  distinction  in  1892.  Had 
he  gone  to  the  Bar,  he  would,  no  doubt,  have  been  very 
successful,  for  he  had  many  of  the  qualities  of  the  old  Scots 
lawyer,  a  keen  interest  in  history,  a  grasp  of  principles  and 
a  wealth  of  broad  humour,  such  as  would  have  delighted  the 
wits  of  Parliament  House.  But  the  love  of  his  native 
country,  which  was  strong  in  him,  made  him  turn  homewards, 
and  in  the  same  year  he  began  the  practice  of  his  profession 
as  a  solicitor  in  the  town  of  Banff.  So  well  equipped  was 
he  for  this  work  that  he  soon  established  a  remunerative  and 
increasing  business. 

Subsequently,  he  assisted  the  late  Mr.  John  Allen,  Town 
Clerk  of  Banff,  as  his  depute,  and  thus  began  the  practical 
acquaintance  with  matters  of  local  government  which  afterwards 
became  his  speciality.  When  the  late  Mr.  Francis  George 
succeeded  Mr.  Allen  as  Town  Clerk,  Mr.  Grant  entered  the 
Town  Council,  and  was  for  a  time  a  Baillie  of  the  Burgh. 
He  was  appointed  Collector  of  County  Rates  and  Clerk  to 
the  Banff  District  Committee  ;  subsequently,  on  Mr.  George's 
death,  he  became  County  Clerk  and  Treasurer,  and  in  the 
following  month  Town  Clerk  of  Banff.  The  selection  of 
Mr.  Grant  for  these  positions  was  more  than  justified  by  the 


xii.  INTRODUCTION. 

high  standard  of  business  efficiency  which  characterised  the 
execution  of  any  work  he  undertook.  The  interests  of  the 
town  and  the  county  were  his  pride  and  chief  concern  ;  no 
effort  was  too  great  for  him  if  its  aim  was  to  advance  the 
welfare  of  his  beloved  Banffshire.  He  had  a  complete  know- 
ledge of  the  broad  principles  of  administration,  and,  being 
anxious  to  get  things  done  and  not  merely  talked  about,  he 
was  an  uncompromising  enemy  of  red  tape  and  officialism. 
He  took  a  lofty  view  of  the  importance  of  matters  affecting 
local  government,  and  was  the  tried  and  valued  councillor  of 
many  local  bodies.  He  constituted  himself  the  champion  of 
all  local  interests,  and  during  his  tenure  of  office  initiated  many 
valuable  reforms  and  innovations. 

Mr.  Grant  was,  for  a  number  of  years,  Chairman  of  the 
School  Board  of  Banff,  and,  when  he  retired  in  1917,  the  mem- 
bers ot  that  body  put  on  record  their  high  sense  of  the  value  of 
the  work  that  had  been  carried  out  by  their  late  colleague.  It 
might  be  thought  that  these  activities  would  have  been  enough 
(or  any  ordinary  man,  but  Mr.  Grant  was  ever  ready  to  under- 
take further  work,  and  as  Town  Clerk  of  Banff  he  was  joint- 
clerk,  with  Colonel  J.  J.  George,  of  the  Duff  House  Trust, 
and  took  a  most  active  part  in  the  administration  of  the 
generous  gift  of  the  late  Duke  of  Fife  (i.e.,  Duff  House  and 
about  140  acres),  to  the  two  towns  of  Banff  and  Macduff. 
He  was  Clerk  and  Treasurer  of  the  Board  of  the  Infectious 
Diseases  Hospital,  and  Chairman  of  the  Trustees  of  Chalmer's 
Hospital,  also  President  of  the  Society  of  Solicitors  of  Banff- 
shire,  and  Provincial  Grand  Master  of  Freemasons. 

It  must  not  be  thought  that  his  interests  were  entirely  local  ; 
the  problem  of  National  Defence  profoundly  moved  him  ; 
partly,  perhaps,  owing  to  tht-  fact  that  his  grandfather,  Mr.' 
William  Grant,  was  one  of  the  earliest  recruits  of  the  Gordon 


INTRODUCTION.  xiii. 

Highlanders,  and  fought  at  Waterloo.  Early  in  his  career 
in  Banff,  James  Grant  joined  the  Artillery  Volunteers,  and 
although  unfitted  in  many  ways  for  the  active  life  of  a  soldier, 
he  entered  into  the  hard  work  of  drills  and  camps  with  boyish 
zest,  and  was  keenly  disappointed  when  the  Battery  was 
disbanded.  Having  been  for  many  years  an  officer  in  the 
Volunteers,  and  a  member  of  the  Territorial  Force  Association, 
he,  though  well  over  age,  patriotically  offered  his  services  at  a 
very  early  stage  of  the  outbreak  of  War  in  1914.  At  first  his 
offer  was  not  accepted,  and  he  threw  himself  with  characteristic 
energy  into  the  arduous  work  of  recruiting,  going  up  and  down 
the  country  in  all  weathers.  After  ceaseless  badgering  of  the 
Wrar  Office,  he  was  granted  a  commission  in  the  i5th  Battalion 
of  the  Highland  Light  Infantry  ;  this  battalion,  which  he  was 
largely  responsible  for  raising,  being  composed  of  Bantams 
(i.e.,  men  below  the  normal  standard  in  height).  He  joined 
his  corps  in  Aldershot,  and  underwent  a  severe  course  of 
training  ;  he  was  then  sent  to  Brixham  with  the  skeleton  of 
another  battalion,  where  he  drilled  the  young  subalterns  with 
the  utmost  vigour.  He  sometimes  found  the  work  rather 
exacting,  for  he  was  now  past  fifty  and  had  a  weak  heart, 
but  he  never  gave  in  to  fatigue  or  depression  ;  nor  ever,  even 
in  the  darkest  days  of  the  War,  lost  faith  in  our  ultimate 
victory  over  the  Germans.  Conditions  of  health  prevented  the 
realisation  of  his  ambition  to  go  to  the  Front,  and  he  was 
much  distressed  at  not  being  allowed  to  embark  with  his 
battalion,  which,  subsequently,  suffered  severely  in  France, 
nearly  all  the  officers  being  killed.  He  did  much  admirable 
regimental  work  in  this  country,  but  after  a  spell  at  a  Flying 
Station  in  the  South  of  Scotland,  and  another  at  a  Convalescent 
Camp  in  the  North  of  Ireland,  he  was  invalided  out  of  the 
Army  with  the  rank  of  Major,  and  returned  to  his  work  in 


XJV.  INTRODUCTION. 

Banff.  Once  home  again,  he  resumed  the  antiquarian  labours 
he  always  loved,  and  almost  completed  the  transcripts  of  civic 
documents  forming  the  present  volume. 

Among  the  transactions  of  the  Banffshire  Field  Club,  of 
which  he  was  treasurer  for  many  years,  may  be  found  many 
interesting  contributions  from  his  pen,  dealing  with  local  history 
and  matters  of  antiquarian  interest.  His  literary  work  and 
researches  among  old  papers  occupied  no  inconsiderable  part 
of  a  very  busy  life,  and  gave  him  unalloyed  enjoyment.  In 
1912  he  had  edited  an  admirable  volume  of  the  "  Seafield 
Correspondence,  from  1685  to  1708, "for  the  Scottish  History 
Society;  a  second  volume  was  in  preparation  but  not  sufficiently 
advanced  for  publication  by  his  literary  executors.  He  edited, 
for  the  Navy  Record  Society,  a  book  of  peculiar  interest, 
and  on  a  little  known  subject,  "  The  Old  Scots  Navy  from 
1689  to  1710."  He  put  a  great  deal  of  work  into  these  books, 
making  extensive  researches  in  Edinburgh,  at  the  Admiralty, 
the  Public  Record  Office,  and  the  British  Museum.  As  a 
decipherer  of  ancient  manuscripts,  he  could  hold  his  own  with 
any  professional  reader,  and  was  always  ready  to  help  any 
fellow  searcher  with  all  the  skill  at  his  command.  The  present 
writers  have  to  thank  him  for  much  valuable  assistance  in  their 
own  work  in  connection  with  the  "Book  of  the  Duffs."  These 
undertakings,  in  addition  to  his  arduous  public  life  and  his  work 
as  a  solicitor,  must  have  put  a  great  strain  upon  him,  for 
though  he  was  always  active,  his  constitution  was  not  really 
robust,  and  his  bodily  strength  was  never  fully  equal  to  that 
of  his  tireless  and  unquenchable  spirit.  Intensely  human,  full 
of  true  Scots  pride  of  race,  expressing  himself  exactly  as  he 
felt  at  the  moment,  there  were  in  him  constant  picturesque 
contradictions  which  puzzled  those  who  were  but  superficially 
acquainted  with  him.  If  he  had  at  times  a  tongue  of  lire,  he 


INTRODUCTION.  XV. 

had  also  a  heart  of  gold,  and  a  never-failing  sense  of  humour. 
He  was  a  generous  and  most  considerate  host,  and  invariably 
anxious  to  help  friends  and  acquaintances  with  advice  or  in 
some  more  practical  manner. 

Early  in  February,  1919,  Major  Grant  caught  a  chill,  which 
was  followed  by  influenza ;  pneumonia  quickly  supervened, 
and  he  passed  away  on  i4th  February  at  his  house  in  Castle 
Street,  Banff,  at  the  age  of  53. 

He  married  twice.  First,  in  1894,  Harriet  Ann  McRobie. 
There  was  no  issue.  Secondly,  in  1916,  Anna  Wood,  who 
gave  him  one  daughter,  Margaret  Ritchie,  born  in  1918.  He 
was  buried  in  the  New  Cemetery  of  Banff,  and  a  handsome 
monument  has  been  erected  to  his  memory.  Many  will  miss 
his  genial  personality,  but  chiefly  will  he  be  regretted  in  Banff 
shire,  where  he  was  best  known,  and  where  he  accomplished 
so  much  work  of  a  useful  and  varied  kind. 

The  book  covers  a  most  interesting  period  of  100  years  of 
Scottish  history,  namely,  that  from  1660  to  1760 — interesting 
alike  to  the  historian,  the  antiquary,  and  the  general  reader. 
The  work  had  been  sent  by  Major  Grant,  just  before  his 
death,  to  the  present  editors  to  read  and  criticise,  and  was 
still  in  their  hands  at  that  time.  Consequently,  they  were 
more  or  less  familiar  with  the  contents,  and  gladly  undertook 
to  prepare  a  brief  introduction.  Major  Grant  has  traced  the 
history,  and  also  the  development,  of  the  county  of  Banff 
and  its  administration.  Many  details  are  given  of  old  families 
which  were  long  prominent  in  the  county,  such  as  the  Bairds 
of  Auchmedden,  the  Lords  Banff  (Ogilvies),  the  Urquharts  of 
Cromarty,  the  Abernethies  of  Mayen,  the  Sutherlands  of 
Kinminity,  the  Hays  of  Rannas  and  Muldavit,  the  Dunbars 
of  Durn,  the  Joass  of  Colleonard,  and  of  others  which  are  still 


xvj  INTRODUCTION. 

with  us,  such  as  the  Grants  of  Grant  and  the  Earls  of  Seafield, 
the  Grants  of  Ballindalloch,  the  Duffs  of  Keithmore  and 
Braco,  now  represented  by  the  Fife  family,  the  Duffs  of 
Drummuir,  the  Abercrombies  of  Birkenbog,  the  Gardens  of 
Troup,  the  Innes  of  Balvenie,  now  represented  by  the  family 
of  Edingight,  the  Leslies  of  Kininvie,  and  the  Dukes  of 
Gordon,  now  Richmond.  The  author  also  treats  of  numberless 
other  branches  of  the  Clan  Gordon,  such  as  those  of  Park, 
Ardmeallie,  Beldorney,  Glengerack,  Arradoul,  Edinglassie, 
some  still  existing,  and  some,  unfortunately,  extinct. 

Vivid  pictures  of  the  life  in  the  i;th  and  i8th  centuries 
are  presented  by  some  of  the  regulations  then  in  force.  In 
view  of  present  conditions  with  regard  to  unemployment, 
it  is  remarkable  to  note  the  treatment  meted  out  to 
vagabonds,  beggars,  idle  persons  and  domestic  servants 
"lying  out  of  service,"  who  had  to  choose  between  entering 
into  service  forthwith  and  an  enforced  sojourn  in  the 
Tolbooth,  where  one  pound  of  oatcake  daily  and  cold  water 
was  the  sole  diet  allowed.  In  1579  it  was  enacted  that  all 
persons  above  14  years  and  below  70,  who  were  wandering 
about  the  country  or  who  were  idle,  and  all  who  were  able 
to  work  and  did  not  do  so,  or  who  would  give  no  account 
of  how  they  got  their  living,  should  be  imprisoned,  and  for  a 
second  offence,  should  be  treated  like  thieves.  In  1663,  a 
tax  was  imposed  on  those  parishes  in  which  idle  persons 
found  begging  had  been  born,  and,  where  the  place  of  birth 
was  unknown,  then  those  parishes  in  which  they  lived  had 
to  provide  the  money.  By  1697,  in  consequence  of  the 
disbanding  of  several  Scottish  Regiments,  there  were  many 


INTRODUCTION.  'xvii. 

broken  men  going  about  the  country,  who  earned  their 
livelihood  by  robbery,  and  edicts  dealing  with  them  were 
put  forth.  In  1700  the  Commissioners  of  Supply  of  Banff- 
shire  were  compelled  to  take  stringent  measures  against 
"Egyptians  and  Sorners,"  while  in  1703  we  find  the  Justices 
of  the  Peace  declaring  that  breaking  of  bargain  to  work  and 
refusal  to  work  at  all  should  alike  be  punished  by  fines. 
Legislation  was  also  found  necessary  against  "  hame  sucken," 
or  the  crime  of  attacking  a  man  in  his  own  house,  and 
other  acts  of  violence.  There  is  an  illuminating  corres- 
pondence, beginning  at  p.  152,  between  Lord  Findlater 
and  George  Leslie  of  Burdsbank,  showing  how  very  scarce 
money  was  in  Scotland  at  the  end  of  the  i7th  century;  and 
after  the  troubles  of  1715  and  1745,  in  consequence  of 
requisitions  and  fines,  the  condition  was  even  worse.  As  a 
side-light  on  the  manners  and  customs  of  the  "brave  days 
of  old,"  it  is  amusing  to  read  that  John  Roy  Grant,  the  7th 
Laird  of  Ballindalloch,  who  took  part  in  Dundee's  raid  on 
Perth  in  1689,  commandeered  the  best  horse  of  his  Whig 
opponent,  the  Laird  of  Pollock,  as  a  remount !  Grant  was 
subsequently  present  at  Killiecrankie. 

The  ill-fated  scheme  for  colonizing  the  isthmus  of  Darien 
(which  followed  on  an  abortive  attempt  to  found  a  Scottish 
East  India  Trading  Company,  foiled  by  jealousy  in  London), 
brought  much  distress  to  landlords  in  Banffshire  as  else- 
where, among  the  sufferers  being  William  Duff  of  Dipple 
and  Alexander  Duff  of  Drummuir.  A  letter  from  Lord 
Seafield's  secretary  on  this  subject  of  date  1699  is  given  in 
extenso.  He  says  that  "all  Scotland  with  one  or  two 


xviii.  INTRODUCTION. 

exceptions"  had  put  money  into  this  venture,  and  great 
hopes  were  entertained  that  the  country  would  become  rich — 
hopes  which  were  tragically  disappointed.  Lord  Seafield  him- 
self, with  characteristic  foresight  and  caution,  had  abstained 
from  participation  in  the  venture.  It  was  said  that  the 
authorities  (mercantile  and  otherwise)  in  London,  after  their 
first  fury  at  the  idea  of  a  purely  Scottish  enterprise  had 
passed,  and  the  drawbacks  of  the  scheme  were  known, 
deliberately  encouraged  it  with  the  intention  of  impoverish- 
ing, and  thereby  rendering  innocuous  the  turbulent  north. 
.£400,000,  or  nearly  half  the  capital  available  in  Scotland  at 
that  time,  was  subscribed  to  the  venture,  and  the  greater 
part  of  this  was  lost,  as  well  as  a  large  number  of  lives.  As 
a  result  of  the  failure  and  of  consequent  troubles  with  Spain, 
the  English  Parliament  hurried  on  the  question  of  corporate 
union,  political  and  fiscal,  between  the  two  countries,  which 
was  consummated  seven  years  later. 

A  glimpse  is  given  us  of  the  excitement  aroused,  when 
in  March,  1708,  three  French  ships  came  to  Garmouth,  and 
some  of  their  crews  landed,  but  apparently  only  with  the 
purpose  of  dining!,  It  is  further  stated  that  they  paid  well, 
and  subsequently  "  went  aboard  " — a  very  tame  ending  to  what 
might  have  been  an  international  complication  (p.  124). 

Allusion  is  made  to  new  legislation  in  1710,  when  houses 
having  20  or  more  windows  had  to  pay  a  tax  (p.  289). 
The  window  tax  was  first  imposed  in  1695,  m  order  to 
defray  the  deficiency  in  connection  with  the  coinage.  It  was 
increased  in  1746,  again  in  1778,  1797,  1802  and  1808,  and 
reduced  in  1823.  The  revenue  from  this  source  was  in  1840 


INTRODUCTION.  XIX. 

about  a  million  and  a  quarter  sterling,  and  in  1850,  .£1,832,684. 
This  ill-advised  tax  was  repealed  in  1852,  and  the  Inhabited 
House  Duty  took  its  place. 

At  the  time  of  the  Hanoverian  Succession,  feeling  in  the 
north  did  not  at  first  run  very  high,  as  witness  the  interesting 
anonymous  letter  on  p.  291  ;  but  later,  in  1715,  Banffshire 
supplied  a  considerable  contingent  in  support  of  the  old 
Chevalier.  The  following  people  were  concerned  in  the  Stewart 
cause  of  that  date  (p.  137):  —  the  Duke  of  Gordon,  who 
was  arrested  very  early,  and  in  consequence  took  no  part  in 
Mar's  campaign,  his  eldest  son,  the  Marquis  of  Huntly,  who 
was  one  of  the  leaders  of  the  rising,  the  Earl  Marischal, 
Lord  Deskford,  but  only  half-heartedly,  in  spite  of  what  he 
suffered  in  imprisonment  and  otherwise  at  the  hands  of  "  those 
rogues  the  Whigs"  (p.  303,  et  seg.),  James  Ogilvie,  younger 
of  Boyne,  Sir  James  Abercromby  of  Birkenbog,  Sir  James 
Dunbar  of  Durn,  Charles  Hay  of  Rannas,  Charles  Gordon 
of  Glengerack,  James  Gordon  of  Letterfourie,  George  Gordon 
of  Buckie,  John  Gordon  of  Glenbucket,  George  Gordon  of 
Carnousie,  John  Gordon  of  Auchyndachy,  Sir  James  Gordon 
of  Park,  and  Major-General  Alexander  Gordon  of  Auchintoul, 
who  had  served  with  Peter  the  Great.  The  last-named  Laird, 
for  his  share  in  the  rising,  was  attainted,  but  owing  to  his 
name  being  given  as  Thomas,  instead  of  Alexander,  in  the 
act  of  attainder,  his  estates  escaped  forfeiture !  The  Jacobites 
who  "came  in"  after  the  suppression  of  the  rising,  were 
treated  mildly,  and,  on  p.  322,  will  be  found  a  list  of  those 
who  surrendered  at  Banff  in  1716. 


XX.  INTRODUCTION. 

A  great  deal  of  information  is  given  regarding  the  manage- 
ment of  the  roads  of  Banffshire.  It  was  only  after  the 
suppression  of  the  rising  of  1715  that  the  County  Authorities 
in  the  north  began  to  deal  with  these  problems  in  a  system- 
atic manner,  though  earlier  laws  were  extant  (p.  56).  There 
are  frequent  references  to  the  rebuilding  of  bridges,  and  the 
damage  caused  by  rivers  and  burns  "  coming  down  in  spate." 
Originally,  the  roads  were  made  on  the  high  ground,  and 
often  along  the  sides  of  the  hills,  on  account  of  the  boggy 
nature  of  the  lower  ground.  The  present  roads  are  of  much 
later  date. 

During  the  Rising  of  1745,  Banffshire  was  once  again  in 
the  throes  of  war.  Amongst  the  chief  men  of  the  country 
who  took  part  in  it  on  the  side  of  the  Prince  were  Sir  William 
Gordon  of  Park,  who  had  been  Preses  at  the  Meeting  of 
the  Commissioners  of  Supply  of  the  County,  held  at  Banff 
on  1 7th  May,  1745,  Lord  Lewis  Gordon,  brother  of  the 
Duke  of  Gordon,  Dunbar  of  Durn,  Andrew  Hay  of  Rannas, 
George  Hay,  younger  of  Mountblairy,  and  George  Abernethy, 
eldest  Baillie  of  Banff.  The  neighbouring  County  of  Aberdeen- 
shire  also  provided  many  supporters  of  the  cause. 

Seven  portraits  are  reproduced,  to  the  owners  of  which 
grateful  thanks  are  tendered;  three  of  these  are  in  the  collection 
at  Cullen  House,  one  in  Gordon  Castle,  and  three  formerly 
hung  in  Duff  House,  but  were  taken  south  when  that  property 
was  handed  over  to  the  towns  of  Banff  and  Macduff.  The 
author  originally  intended  to  have  1 5  portraits  in  all,  but  before 
his  death  he  decided  to  reduce  the  number,  owing  to  the  great 
expense  of  reproduction.  Much  care  and  labour  were  bestowed 


INTRODUCTION.  XXI. 

upon  this  work  by  Major  Grant,  and  the  present  editors  record 
their  great  pleasure  in  having  been  permitted  to  put  the 
finishing  touches  to  the  book — >an  interesting  record  of  such  a 
varied  and  important  period  of  Scottish  History. 

ALISTAIR   N.    TAYLER. 
HENRIETTA   TAYLER. 

January,  1922. 


CONTENTS. 

TAGK 

Chapter  I. — The  Sheriffs,  County  Barons  and  Freeholders, 
and  the  Commissioners  to  Parliament, 
1664-1722  ...  ...  ...  ...  ...  i 

Chapter  II. — Commissioners  of  Supply,  of  Excise  and  of 
the  Pole,  and  Justices  of  the  Peace,  1661- 
1718  ...  ...  ...  ...  141 

Chapter  III. — Road  Administration  from  1710  to  1760          ...         329 

Chapter  IV. — Commissioners  of   Supply  and  Justices   of   the 

Peace,   1719-1760    (complete  only  to   1750)         397 


PORTRAITS. 

i. — James,  4th  Earl  of  Findlater  and  ist  Earl  of  Seafield  Frontispiece. 


2. — Alexander  Duff,  of  Braco      ...         ...         ...         ...         ...  49 

3. — George,   Duke  of   Gordon,  the   Marquis  of    Huntly,  and 

the  Duchess  of  Perth        ...         ...         ...         ...         ...  137 

4. — Brigadier-General  Alexander  Grant             ...         ...         ...  313 

5. — James,  Lord   Deskford,  5th   Earl  of    Findlater,  and  2nd 

Earl  of  Seafield      331 

6. — William,  Lord  Braco,  and  ist  Earl  Fife  ...         ...         ...  343 

7. — Sir  William  Gordon  of  Park            ...         373 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


CHAPTER    I. 

The  Sheriffs,  County  Barons  and  Freeholders,  and  the  Commissioners 
oj  Ban/shire  to  Parliament,  1664-1722. 

THE  oldest  extant  minute  book  of  the  Barons  and  Freeholders  of 
the  Sheriffdom  of  Banff  begins  on  isth  April  1664,  and  ends 
on  loth  April  1722.  It  gives  biennial  lists  of  the  Barons  and 
Freeholders  of  the  shire,  who  at  Pasch  and  Michaelmas  were  bound  to 
attend  the  Head  Court  in  Banff  to  give  suite  and  presence  there  to  the 
King,  who  was  represented  by  the  Sheriff  Principal  or  his  depute. 
After  1668  the  volume  records  the  procedure  at  the  various  elections 
by  the  Barons  and  Freeholders  of  two  Commissioners  to  represent  the 
county  in  the  Scots  Parliament.  It  also  gives  some  few  items  bearing 
on  the  executive  government  of  the  county,  the  oldest  county  record 
of  which  otherwise  does  not  begin  until  1696.  It  may  be  noted  that 
baron  as  here  used  has  no  reference  to  the  peerage.  It  is  a  Scots  term 
applied  to  a  freeholder  whose  lands  had  been  erected  into  a  free 
barony,  within  which  the  baron  or  owner  exercised  civil  and  criminal 
jurisdiction. 

The  minute  book  of  the  Barons  and  Freeholders  opens  with  the 
following  narrative  and  now  somewhat  mutilated  engrossment  of  the 
commission  granted  by  King  Charles  II.  to  Sir  James  Baird  of 
Auchmedden,  appointing  him  Sheriff  Principal  of  Banffshire,  an 
office  vacant  through  the  death  of  James,  Earl  of  Buchan.  The 
restored  parts  of  the  commission  arc  shown  within  square  brackets. 

ATT  and  within   the  tolbuith  of  the  Burghc  of   Banff  the  third 
day  of  Merch,  the  yeer  of  God  lajvi  and  sixtie  foure1  yeirs. 

Whylk  day  compeared  personallie  ane  hono"  gentleman,  Sir  James 
Baird  of  Auchmedden,  knight,  who  produced  anc  comissione  patent 
granted  to  him  by  our  S.  L.  the  Kings  Made  under  his  Maties  great 
seall  of  his  ancient  kingdome  of  Scotland  for  exerceing  of  the  office  of 
Shirreffship  within  the  bounds  and  limitts  of  the  Shrefdome  of  Banff, 

'Over  the  words  "  sixlie  foure"  are  erroneously  superinduced  the  words  "  fiftie  sex." 


2  RECORDS  OF  THE  COUNTY  OF  BANFF. 

and  that  during  all  the  dayes  of  the  said  Sir  James  Baird  his  lyftyme, 
by  qch  comissione  our  sd  S.  L.  gaive,  granted  and  disponed  to  the 
sd  Sir  James  Baird  the  sd  office  of  Shirreffship  during  the  space 
forsaid,  with  all  fees,  profeitts,  casualties,  privileges  and  imunities  therto 
belonging,  with  power  to  him  to  enjoy  and  apply  the  same  to  his  owen 
proper  use,  and  to  elect  nominal  and  choyse  deputts  ane  or  mae  (for 
whom  he  shall  be  answerable),  and  all  serjands  and  officiars  of  court 
(except  the  Shref  Clerk),  and  to  act  and  doe  evrie  thing  else  belonging 
to  the  sd  office  of  Shirreffship,  als  fullie  and  amplie  in  all  respects  as 
anie  Shreff  Prin"  w'in  anie  Shrcfdome  of  the  sd  kingdome  of  Scotland 
heirtoforc  hath  done  or  shall  doe,  as  the  said  comissione  of  the  datte 
efter  spect  in  its  selff  bears,  which  the  sd  Sir  James  P>aird  ordained  to 
be  insert  and  regrat  in  the  Shreff  books  of  Banff  thcrin  to  remayne  to 
future  memorie,  and  wherof  the  tenor  followes  and  is  thus : — Carolus 
Dei  gratia  Magnac  Britaniae  Franciac  et  Hibcrniae  Rex  Fidei  Defensor 
Omnibus  probis  hominibus  suis  ad  quos  piites  literae  nostrae 
pervenerint  salutem :  Sciatis  quia  nos  considerantes  fidele  servitium 
nobis  per  dilectum  nostrum  Dominum  Jacobum  Baird  de  Auchmedden 
militem  praestitum  et  suspensum  ejusqe  animi  dotes  et  fidelitatem  ad 
fungendum  officio  subscripto :  Quin  ctiarn  intelligentes  officium 
Vicecomitis  Principalis  vicccomitatus  nostri  de  Banff  nunc  in  manibus 
nostris  vacarc  et  ad  nostram  donationem  existere  ex  obitu  praedilecti 
nostri  consanguine!  Jacob!  Comitis  de  Buchane  novissimi  Vicecomitis 
Principalis  ejusdem  nostri  vicecomitatus :  Igitur  asedimus  consti- 
uiimus  et  ordinavimus  tenoreq  pfitium  facimus  constituimus  et 
ordinamus  praefatum  Dominum  Jacobum  Baird  durand  oibus  suae 
vitae  diebus  Vicecomitem  Principalem  praedicti  vicecomitatus  de 
Banff  intra  universes  limites  et  jurisdictionem  ejusdem  ac  dedimus 
concessimus  et  disposuimus  tenoreq  piitm  damus  concedimus  et 
disponimus  memorato  Domino  Jacobo  durante  spatio  antedicto  idem 
officium  cum  omnibus  feod  proficuis  casualitatibus  privilegiis  et 
emolumentis  exspectand  et  pertinand :  Cum  plena  potestate  sibi 
cisdem  fruendi  percipiendi  et  ad  ejus  proprium  usum  aplicandi  ac 
etiam  deputatos  unum  seu  plures  (pro  quT  respondere  tenebitur)  creandi 
et  substituendi  ac  shjandos  aliosq  curiae  officiarios  (demptis  clericis) 
nominandi  at  generaliter  omnia  alia  et  singula  necessaria  ad  dictum 
officium  et  executionem  ejusdem  spectand  faciendi  non  [minore]  juris 


THE   SHERIFF   PRINCIPAL.  3 

libertate  in  olbus  respectibus  quam  [quicunque  alius]  Vicecomes 
Principalis  cujusvis  alterius  [vicecomitatus  in  eo]  dem  regno  nostro 
simili  officio  potitur  .  .  .  est  quorumq  temporc  elapso  mandamus 
cunctis  nostris  subditis  [ut  praefato]  Dno  Jacobo  [Baird  in  executionc 
dicti  officii  vicecomi]  tis  parate  morem  gerere  In  cujus  [rei  testimonium 
pre]  sentibus  magnum  sigillum  nostrum  [append!  mandavimus  apud] 
aulam  liram  de  Whythall  decimo  sexto  [die  mensis  .  .  .  annoj  Dni 
millesimo  sexcentesimo  sexagesimo  [quarto  ct  anno  regni  nostri]  decimo 
sexto  per  signaturam  manu  [S.D.X.  Regis  suprascriptam] ,  et  sic  a  tergo 
subscribitur.  Writ  [en  to  the  great  seal  and  registered  the]  fourt  of 
Febrii  1664. 

The  Sheriff,  from  early  historic  times  in  Scotland,  was  the  King's 
representative  in  the  county.  The  office  was  borrowed  from  English 
usage  by  the  early  Scots  Kings,  when  consolidating  their  authority- 
over  the  nation.  In  theory,  though  the  nominee  of  the  King  and 
holding  place  at  his  pleasure,  the  Sheriff  soon  came  to  be  in  almost 
every  case  the  most  powerful  noble  within  the  count}- ;  and  the  office 
from  early  times  tended  to  become  hereditary.  Sir  John  Skene,  writing 
in  the  reign  of  James  VI.,  said — "  Schirreffs  in  this  realme  hes  their 
offices  given  to  them  be  the  King  in  heritage,  contrair  to  the  Act  of 
Parliament,  Ja.  II.,  par.  n,  c.  44,  quhilk  is  the  cause  of  great  enormities 
and  wranges,  be  reason  the  Schireffes  being  infeft  heritablie  thinkis 
themselves  sure  of  their  office,  and  regairdis  nocht  the  execution." 
Sir  James  Baird's  commission,  and  those  of  his  colleagues  and 
successors  in  Banffshire  shew  that  in  the  seventeenth  century  the  office 
was  not  hereditary,  or  even  strictly  a  life  appointment,  being  held  ad 
bene  placitum,  or  at  pleasure.  As  the  King's  representative  in  the 
county,  the  Sheriff  presided  at  the  biennial  head  courts  of  the  Barons 
and  Freeholders  of  the  county  held  at  Banff.  He  also,  until  1681, 
presided  at  the  meetings  of  the  Freeholders  when  they  were  called  to 
elect  the  Commissioners  of  the  Shire  to  Parliament,  and  might  be 
elected  to  that  office.  He  collected  crown  rents  and  casualties,  and 
performed  other  duties  of  an  executive  nature.  On  his  judicial  side, 
which  is  not  treated  here,  he  constituted  and  was  chief  of  the  King's 
civil  and  criminal  courts  in  the  county,  appointing  deputes  and  all  other 
necessary  officials,  except  the  Sheriff  Clerk.  He  often  presided  at  the 
ordinary  civil  and  criminal  courts,  though  that  duty  was  in  course  of 
time  chiefly  performed  by  his  deputes,  who  came  to  be  appointed  for 
their  knowledge  of  law.  The  remuneration  of  the  Sheriff  Principal 
and  of  his  deputes  for  long  consisted  of  fines  or  unlaws,  escheats  and 
fees. 


4  RECORDS  OF  THE  COUNTY  OF  BANFF. 

THE  BAIRUS  OF  AUCHMEDDEN. 

The  family  historian,  William  Baird,1  last  of  Auchmedden  (1701- 
1777),  places  Sir  James  Baird  fifth  in  direct  descent  from  Andrew  Baird 
of  Lavorocklaw,  Fifeshire,  a  cadet  of  the  Bairds  of  Posso,  Tweeddalc. 
This  Andrew  Baird,  on  2jrd  February,  1539,  acquired  under  reversion 
from  the  Earl  of  Buchan  the  lands  of  Auchmedden,  Aberdeenshire. 
The  family  soon  took  root  in  the  north,  and  spread  in  influence  in 
Aberdeenshire  and  Banffshire.  Andrew  Baird's  son  George,  second  of 
Auchmedden,  married,  in  August  1550,  Elizabeth  Keith  daughter  of 
Alexander  Keith  of  Troup,  in  Gamrie  Banffshire,  and  niece  of  the  then 
Karl  Marischal.  His  wife's  aunt,  Lady  Anne,  who  married  the  Regent 
Moray,  and  on  his  death  the  Earl  of  Argyle,  brought  to  George  Baird 
employment,  influence  and  territorial  aggrandisement.  On  loth  May, 
1568,  the  Regent,  who  then  held  the  Earldom  of  Buchan  in  ward, 
conveyed  the  estate  of  Auchmedden  absolutely  to  its  wadsetter  George 
Baird  in  consideration  of  many  acts  of  utility  and  friendship  and  sums 
of  money.  Notwithstanding  his  connexion  with  the  Protestant  Regent 
Moray,  Baird  and  his  successor  adhered  to  the  Catholic  cause.  On 
28th  October,  1562,  he  was  present  under  the  Earl  of  Huntly  at  the 
disastrous  tight  of  Corrichie,  which  for  a  time  laid  low  the  Gordon  and 
Catholic  power  and  influence  in  the  North.  He  died  on  2gth  May,  1592, 
and  was  succeeded  by  his  eldest  son  Gilbert,  third  of  Auchmedden. 
Another  son  was  George  Baird,  who  acquired  Corskie,  Banffshire,  from 
whom  descend  the  Bairds  of  Chesterhall  in  Midlothian,  whose  founder, 
James  Baird,  an  Edinburgh  lawyer,  interested  himself  in  Banffshire 
affairs  about  the  beginning  of  the  eighteenth  century. 

Gilbert,  third  of  Auchmedden,  married,  on  i6th  August,  1578, 
Lillias  heiress  of  Walter  Baird  of  Ordinhivas  Fordycc,  thus  linking 
on  the  Auchmedden  Bairds  to  those  of  Ordinhivas,  who  date  back  to 
1430,  according  to  the  family  historian.  There  is  an  old  tradition  that 
Gilbert  had  the  extraordinary  number  of  32  sons  and  daughters  by  his 
wife.  He  died  on  23rd  February,  1620.  He  was  succeeded  by  his 
eldest  son  George,  fourth  of  Auchmedden,  who  extended  the  family 
influence  by  marrying,  on  I7th  October,  1616,  Anne  Eraser  daughter  of 
the  Laird  of  Philorth.  He  took  an  active  interest  both  in  local  and 
national  affairs.  From  1628  to  1638  he  was  Provost  of  Banff.  In  the 
Civil  War  he  at  first  took  sides  with  the  Royalists,  and  was  present  at 
the  Trot  o'  Turra'  in  May,  1639.  A  year  later  he  was,  according  to 
Spalding,  in  line  with  the  Covenanters.  Death,  however,  on  I2th 
Pebruary,  1642,  saved  him  from  its  chief  turmoil.  His  younger  brother 
James  practised  law  in  Edinburgh,  and  was  appointed  by  Charles  I. 
Commissary  of  the  Ecclesiastical  Court  of  Scotland.  He  died  before 
1  Genealogical  Collections  concerning  the  Surname  of  Baird,  Edin.,  1857,  and  Lond.,  1870. 


THE   SHERIFF   PRINCIPAL.  5 

his  patent  creating  him  Lord  Deveron  passed  the  seals.  James  Baird's 
two  sons,  James  and  Robert,  were  founders  of  the  families  of  Newbyth 
and  Sauchtonhall,  in  the  Lothians. 

George  Baird  was  succeeded  by  James  Baird,  fifth  of  Auchmedden, 
Sheriff  Principal  of  Banffshire,  who,  when  young,  was  sent  south  to 
Edinburgh.  There  he  received  his  education  with  his  uncle  the 
Commissary's  son  John,  who  afterwards  at  the  Restoration  was  made  a 
baronet,  and  ultimately  reached  the  bench  as  Lord  Newbyth.  In  1641 
James  Baird  married  Christian,  only  daughter  of  Walter  Ogilvie  of 
Boyne,  Banffshire,  and  sister  of  Sir  Patrick  Ogilvie  of  Boync,  Lord 
Boyne.  In  those  days  relationship  and  "  moyen  "  went  hand  in  hand  ; 
and  accordingly  relationships  have  to  be  carefully  noted.  The  Ogilvics 
of  Boyne,  whose  estates  stretched  from  Banff  to  Portsoy,  were  a 
younger  branch  of  the  Ogilvies  of  Airlie.  The  Ogilvies  of  Airlie  were 
then  represented  by  the  Lord  Airlie,  who  had  possessions  in  and  near 
the  county  town  of  Banff.  The  Earls  of  Findlater  were  cadets  of 
the  same  family,  and  so  also  were  the  Lords  Banff. 

Like  his  father,  James  Baird  took  an  interest  in  the  government  of 
the  county  town,  and  acted  as  Provost  of  Banff  during  1646-7.  In 
the  critical  times  after  the  execution  of  Charles  I.,  judging  from  a 
letter  to  him  from  the  Marquis  of  Huntly,  dated  October,  1651,  which 
William  Baird  has  preserved,  he  seems  to  have  favoured  the  Royalist 
cause.  Like  most  other  proprietors  in  Scotland  James  Baird  ultimately 
acquiesced  in  the  rule  of  the  Commonwealth.  Part  of  his  lands  were 
in  Abcrdeenshire,  and  he,  along  with  the  laird  of  Udny,  \\cre  in  1652 
appointed  Commissioners  by  the  Freeholders  of  Aberdeenshire  to  the 
Scottish  Convention  which,  on  26th  February,  settled  at  Dalkeith  with 
the  English  Commissioners  the  Articles  of  Union  incorporating 
England  and  Scotland.  At  that  meeting  he  became  acquainted  with 
General  Monk.  William  Baird  in  his  memoir  gives  letters  from 
James  Sharp,  minister  of  Crail,  afterwards  Archbishop  of  St.  Andrews, 
to  James  Baird  during  the  period  of  the  Commonwealth,  and  there 
seems  little  doubt  that  their  friendly  relations  were  of  mutual  advantage 
in  the  rise  of  both  to  place  and  power.  At  the  Restoration,  James 
Baird  received  the  honour  of  knighthood.  In  a  Sasine  minute  of  Jth 
May,  1661,  he  is  named  Sir  James.  On  loth  January,  1664,  he  was 
elected  and  sworn  in  one  of  seventeen  elders  of  the  Parish  Church 
of  Banff.  The  others  included  Robert  Hamilton,  brother-in-law  of 
Archbishop  Sharp,  Robert  Sharp,  Sheriff  Clerk  of  Banffshire,  the 
Archbishop's  brother,  and  Patrick  Stewart,  who  represented  the  Burgh 
of  Banff  at  that  time  in  Parliament.  On  jrd  March  following,  Sir 
James  Baird,  as  before  narrated,  was  installed  Sheriff  Principal  of 
Banffshire.  At  the  Michaelmas  Court  of  1669  the  Laird  of  Auch- 
medden was  entered  in  the  suite  roll  after  Lesmurdie  for  the  lands 


6  RECORDS  OF  THE  COUNTY  OF  BANFF. 

of  "  Pitger,  Awalds  and  Cairnandrew."  He  does  not  appear  in  the  roll 
before  that  date,  although  he  was  elected  Commissioner  for  the 
Shire  to  the  Parliament  that  met  on  2nd  August,  1665.  He  had 
three  sons  and  three  daughters.  His  eldest  son,  James,  became 
conjunct  Sheriff  Principal  with  him  in  1672.  His  eldest  daughter, 
Eli/abcth,  married  Sir  James  Abercrombie  of  Birkenbog,  as  his  third 
wife,  on  22nd  August,  1668 ;  and,  after  his  death,  married  Patrick 
Ogilvie,  younger  brother  of  the  Chancellor,  Earl  of  Seafield.  His 
youngest  daughter,  Christian,  married,  c.  1676,  George  Leslye  of 
Burdsbank,  Sheriff  Clerk,  and  Clerk  to  the  Commissioners  of  Supply 
of  Banffshire.  Besides  William  Baird's  book  referred  to,  Dr.  Cramond's 
"Annals  of  Banff,"  New  Spalding  Club,  the  Editor's  "Seafield 
Correspondence,"  Scottish  History  Society,  and  this  volume  contain 
information  about  Sir  James  Baird.  He  died  in  July,  1691. 

From  the   Minute  Book  of  Banffshire  Sasines. 

16  Jan.,  1663. — Seasing  Sr  James  Baird  of  Auchmedden,  Knt, 
of  ye  pleugh  of  land  called  the  Newtoun  of  Northfeild  and  ye  shaddow 
half  of  ye  tonne  and  lands  of  the  pleugh  of  Greenley. 

14  Der..  1664. — Seasing  Sr  James  Baird  of  Auchmedden,  Knight, 
df  the  tonnes  and  lands  of  Monenie,  wt  ye  myln  and  myln  lands 
yrof,  and  of  the  touns  and  lands  of  Auld  and  New  Uraidlend  and 
pendicles  yrof  called  Smidditoune  and  Clintertie,  togither  wt  ye 
multurs  of  Auquhorsk,  Whythill  and  Greenscares. 

Novr.  or  Deer.,  1667.— Saising  Sr  James  Baird  off  Auchmedden 
and  Sr  John  Baird  of  Newbyth  off  and  upon  all  and  haill  the  lands 
of  Pennen  and  Clinterbre — and  maner  place,  the  toune  and  lands  off 
Glenhuiss  and  Kinbeam,  the  superioritie  of  the  tounes  and  lands  off 
Auchmedden  and  pendicles  yroff  cailled  Lenniehous,  Glcncouthill  and 
mylne  yroff,  Kinbeam,  Litle  Byth,  Claiverie  faulds,  Towie,  Pettger  and 
Axvalds  and  uthers,  with  the  pertinents. 

ROLL  OF  BARONS  AND  FREEHOLDERS. 

The  second  entry  in  the  minute  book  is  the  roll  of  the  Barons  and 
Freeholders  of  Banffshire,  made  up  at  Pasch,  1664,  and  relative  minute. 
The  greater  part  of  the  volume  is  made  up  of  similar  biennial  lists, 
which  are  mostly  repetitions.  To  avoid  unnecessary  reiteration,  only 
the  changes  are  indicated,  until  the  roll  has  substantially  altered. 
When  dealing  with  changes,  occasional  short  illustrative  notes  on 
the  freeholders'  land  rights  in  the  county,  taken  from  a  MS.  copy  of 
the  Minutes  of  the  Particular  Register  df  Sasines  for  Banffshire,"  are 
given. 


BARONS   AND   FREEHOLDERS.  7 

CURIA  CAPITALIS  vicecomitatus  de  Banff  tenta  in  pretorio  ejusdem 
per  Dominum  Jacobum  Baird  de  Auchmedden  militem  Vice- 
comitem  Principalem  dicti  vicecomitatus  ct  Robertum  Hamil- 
toune  ejus  deputatum  pro  tribunali  sedefi  decimo  quinto  die 
mensis  Aprilis  anno  Dm  millesimo  sexcentesimo  sexagesimo 
quarto  quo  die  sextis  vocatis  Curia  legittime  affirmata  fuit. 

The  Marques  off  Huntlic  for  his  landes  and  lordship  off  the  forrest 
off  Boynde,  Enzie,  Auchendowne,  Strathaven,  Ruthvcn,  Inveraurie, 
Fetterletter  and  Gairtlie. 

The  Earle  off  Marshiall  for  his  lands  off  Inverugie,  Durnc  and 
Auchenhampers. 

The  Earle  of  Buchane  for  his  lands  and  lordship  off  Glcndowachie, 
Downe  and  Monblerie. 

The  Earle  of  Airlie  for  his  landes  of  Bachlaw,  Alvach  and  Tippertie. 

The  Earle  of  ffindlater  for  his  landes  and  lordship  off  Deskfuird, 
ffindlater  and  Castellfcild. 

The  Viscount  off  ffrendraught  for  his  lands  of  Convoye,  Kinairdie, 
Neytherdeall  and  Tortries. 

The  Lord  Banff  for  his  lands  of  Sandlaw,  Inshdruer,  Blairshinnoch, 
Ord  and  Raitties. 

The  Lord  Oliphant  for  his  landes  of  Pittendreich,  Airdfour  and 
Auchininnae. 

The  Laird  of  Kinminnitie  for  his  lands  and  lordship  of  Balvenic. 

The  Laird  of  Boynde  for  his  lands  and  thayndome  of  Boynd. 

Sr.  Alexr.  Urquhart  off  Cromartie  for  the  half  lands  of  Dunlugus 
and  Muirdenne. 

The  Laird  of  Rothemay  for  the  landes  theroff. 

The  Laird  of  Park  for  the  barronie  of  Edinglassie  and  Glenmarkie. 

The  Laird  of  Gight  for  the  lands  of  Corronassie. 

The  Laird  of  Bellandalloch  for  the  lands  yrof  and  Tullocharrine. 

The  Laird  of  Ryland  for  his  landes  of  Outlaw. 

The  Laird  of  Baldavie  for  his  lands  theroff. 

James  Hay  of  Rannes  for' the  lands  of  Muldavet. 

The  Laird  of  Kilmachlone  for  the  lands  yroff. 

The  aires  and  successores  off  Lesmurdie  for  the  lands  yroff. 

The  Laird  of  Crombie  for  the  barronie  yroff. 


8  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  Laird  of  Craigstoune  for  the  barronie  of  Beldornie. 

The  Laird  of  Troupe  for  the  lands  yroff. 

Johne  Gordoune  off  Buckie  for  the  lands  of  Freuchny. 

The  Laird  off  Auchentoull  for  the  lands  yroff. 

The  Laird  off  Carnousie  for  the  lands  yroff. 

The  Laird  of  Kempkairne  for  the  lands  yroff. 

AT  Banff  the  fyfteinth  day  off  Apryle,  lajvy  and  sixtie  three  (?) 
[four]  yearis,  in  presence  off  Sir  James  Baird  off  Auchmedden, 
Shreff  Prin11 

The  sd  day  the  whole  noblemen,  barrones  and  gentlemen  abwritten 
on  the  other  page  being  thryse  called  and  not  compeirand  \ves  amerciat 
ilk  anc  off  them  in  the  soume  off  fiftie  poundes  moey  for  defect  of  sute, 
and  the  lyk  soumc  off  fiftie  poundes  moey  for  defect  of  presence, 
except  the  lairdcs  of  Boyn  and  Rothemay,  \vho  were  personallie 
present,  and  the  Earles  off  Airlie,  mndlater  and  Lord  Banff,  who 
compcired  by  Patrick  Stcuart  in  their  name,  and  Mr.  David  Gordowne, 
who  compeired  for  the  laird  off  Park  his  fayther,  wch  amerciaments  is 
ordained  to  be  payed  \\tin  term  off  law,  and  precept  ordained  to  be 
direct  therupone.  Qron :  J.\.  BAIRD. 

THE  GORDONS  OF  PARK. 

At  the  Michaelmas  Head  Court  of  1664,  Sir  John  Gordon,  laird  of 
Park,  had  "  Park  "  added  to  his  qualifications,  to  be  dropped  in  the  next 
Pasch  roll  of  1665.  The  Balbithan  MS.  published  in  Vol.  I.  of  "The 
House  of  Gordon "  (New  Spalding  Club),  states  that  of  the  three 
daughters  of  Sir  John  Gordon,  second  laird  of  Park,  one  married  the 
Laird  of  Muirhousc  Lyon,  another  married  the  Laird  of  Eden  Leslie, 
the  third  daughter  married  the  Laird  of  Tillery  Cuthbert.  Sir  John 
Gordon  died  before  June.  1667,  and  was  succeeded  by  his  eldest  son, 
Sir  John  Gordon,  as  third  of  Park. 

23  June,  1658 

Seasing  given  to  Helen  Gordone,  second  lau11  daughter  to  Sir  Johne 
Gordone  of  Park,  of  the  yeirlie  <ffrent  of  the  prin11  sowme  of  four 
thousand  merks  furth  of  the  landes  and  baronrie  of  Cornecairne. 

Seasing  given  to  Marie  Gordone  of  ane  yeirlie  (Srent  of  3000  mks' 
furth  of  the  landes  of  Corncairne, 


BARONS    AND    FREEHOLDERS.  g 

Seasing  given  to  Sophia  Gordone  of  the  yeirlie  @rent  of  3000  mks 
furth  of  the  lands  of  Cornecairne. 

Seasing  given  to  Geo.  Gordone  of  the  yeirlie  @rent  of  the  prin11 
sowme  of  6000  mks  furth  of  the  sdes  landes  of  Cornecairne. 

Seasing  given  to  David  Gordone  of  ane  yeirlie  (Srent  of  the  prin11 
sowme  of  4000  mks  furth  of  the  sdes  landes. 

20  July,  1661. — Seasing  Jon  Gordone,  eldest  law"  sone  to  Sir  Jon 
Gordone  of  Park  and  Elizabeth  Grahame,  his  spous,  of  the  lands  of 
Cluney  newmayns  yroff. 

25  Apryle,  1663. — Renuncia°ne  of  ane  yeirlie  @rent,  answrable  to  the 
prin11  soume  of  six  thousand  merks  moy,  granted  by  George  Gordon  of 
Edinglassie  to  Sir  Jon  Gordone  of  Park,  knt,  his  father. 

14  Junii,  1664. — Seasing  Sr.  John  Gordon  of  Park  in  lyfrent  and 
Mr.  David  Gordon,  his  sone  [in  fie]  of  and  upon  the  tonne  and  lands  of 
Auchoynanie,  &c. 

25th  Junij,  1667. — Saising  Dame  Elizabeth  Grahame,  spous  to  Sr. 
Johne  Gordowne  of  Park,  Knig',  off  and  upon  all  and  haill  ane  pairt 
and  portion  off  the  mayns  of  Park  possest  be  Dame  Helen  Sibbald 
with  the  tour,  fortalice,  maner  place  of  Park,  all  and  haill  these  pairts 
and  portions  off  the  sd  maynes  comonlie  called  Greindykes,  Starmyres, 
Bremunt,  Bakwards  and  four  oxgaitte  lands  of  Auchanland  and  uthers, 
with  the  pertinents. 

8  May,  1678. — Saiscing  given  to  Kaitheren  Ogilwy,  spouse  to  Sir 
John  Gordon  of  Park,  in  conjunct  tie  and  lyverent  off  all  and  haill 
the  lands  of  ower  and  neyr  Clavmyres,  oxver  and  neyr  Swelboig  and 
Inschtamock  as  prin11  lands,  the  lands  of  Scatterty,  Mukle  and  Litel 
Boigtovvne  in  warrandice  and  Sweillboig. 

THE  ABERCROMBIES  OF  BIRKENBOH. 

To  the  end  of  the  Michaelmas  Roll  of  1664  was  added  "The  Laird 
of  Birkenbog,  elder  and  yor  for  the  lands  yroff."  In  the  Pasch  Roll  of 
1666  the  words  "  elder  and  yor  "  are  dropped. 

Sir  Alexander  Abercrombie  of  Birkenbog  succeeded,  c.  1647-48, 
his  father  Alexander,  Grand  Falconer  in  Scotland  to  Charles  I. 
An  account  of  him  and  his  ancestors  is  given  by  Mr.  D.  Murray  Rose 
in  three  articles  in  the  Banffshire  Journal  of  October  28  and  November 
4  and  n,  1902,  under  the  title,  The  Tragic  History  of  the  Abercrombies. 
Sir  Alexander,  whose  immediately  younger  brother  was  Mr.  John  of 


10  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Farskane,  founder  of  the  family  of  Abercrombies  of  Glassaugh,  was 
infeft  in  the  family  estates  by  charter  under  the  great  seal  in  favour  of 
himself  and  Jean  Urquhart,  his  spouse,  second  daughter  of  Urquhart 
of  Cromartie  and  of  Dunlugus  and  Muirden  in  Banffshire,  on  2nd 
February,  1629  (Reg.  Mag.  Sig.,  lii.,  fol.  153).  His  patent  as  a  Baronet 
of  Nova  Scotia  dates  from  2Oth  February,  1636.  He  \vas  Commissioner 
for  the  County  of  Banff  from  1641  until  1663.  During  the  covenanting 
struggle  he  became,  in  the  words  of  Spalding,  "a  main  Covenanter," 
and  received  from  the  Estates  a  commission  as  Sheriff  of  Banffshire. 
In  February,  1644,  he  appeared  as  Sheriff  at  Bog  of  Gight  with  a  few 
horse  to  apprehend  the  Marquis  of  Huntly  for  not  subscribing  the 
covenant,  but  Huntly  refused  to  recogni/e  the  validity  of  his  commission, 
and  told  him  to  begone.  At  the  Restoration  he  appears  as  a  Royalist, 
and  was  present  as  Commissioner  for  Banffshire  at  the  Scots  Parliament 
which  met  in  Edinburgh  on  ist  January,  1661,  and  ended  on  gth 
October,  1663.  Judging  from  the  following  sasine  minutes,  his  second 
wife,  Jean,  daughter  of  James  Sutherland  of  Kinminity,  Keith,  was 
married  to  him  in  January,  1668,  and  did  not  survive  many  months. 
He  married  his  third  wife,  Elizabeth,  daughter  of  Sir  James  Baird 
of  Auchmedden  on  22nd  August,  1668.  By  her  he  had  two  sons,  his 
eldest,  James,  and  Alexander  who,  on  26th  June,  1699, '  succeeded 
his  cousin  George  Abercrombie  of  Skeith  Banffshire,  and  of  Tullibody, 
as  laird  of  Tullibody.  This  Alexander  married  Mary,  daughter  of 
Alexander  Duff  of  Braco,  and  was  ancestor  of  General  Sir  Ralph 
Abercrombie,  and  of  the  Lords  Abercrombie.  Sir  Alexander  had  a 
daughter.  Marie,  who  married,  c.  1665,  George  Gordon  of  Edinglassie. 
On  141)1  September  that  year  a  receipt  was  granted  on  his  behalf  to 
Alexander  Abernethie  of  Meyan  for  Rothiemay's  proportion,  200  merks, 
due  Sir  Alexander  for  attending  Parliament  in  1662-3.  He  was  alive 
in  1682. 

29  Jary.,  1668. — Saising  Dame  Jean  Sutherland,  spous  to  Sr  Alex- 
ander Abercrombye  of  Birkinbog,  off  and  upon  all  and  haill  the  toune 
and  lands  off  Cairnetoune,  the  toune  and  lands  of  Towie  and  mylne 
yroff,  the  toune  and  lands  of  Clashindamer,  Burnside,  Windsholl, 
Sumertoune,  Muttonbray  and  uthers  vith  the  pertinents. 

26  August,  1668.— Saising  Mistres  Elizabeth  Baird,  spous  Sr  Alexr. 
Abercrombye  off  Birkinboge,  off  the  toune  and  lands  off  Cairntoune, 
the  toune  and  lands  of  Towie,  mylne  and  mylne  lands  theroff,  the 
toune  and  lands  of  Clashindamer,  Burncside,  Windshole,  Simertoune, 
Muttonbrae  and  uthers  vith  the  pertinents. 

1  See  Sea  field  Correspondence,  Scottish  History  Society,  pp.  269  and  270. 


BARONS   AND    FREEHOLDERS.  II 

12  Jary.,  1682. — Saisine  given  to  Sr  Alexr.  Abercromby  of 
Birkenboig,  Knight  Barronet,  in  lifrent,  and  James  Abercromby,  his 
eldest  law"  son,  in  fie,  of  all  and  haill  the  toune  and  lands  of  Hillend, 
the  lands  of  Ordinhuiffes,  wl  the  pendicles  called  the  Oldtoune  of 
Ordinhuiffes,  Achip,  Muttonbrae,  Symertoune,  Wintertoune,  Windsholl, 
Windsyd,  with  the  pertinents. 

19  Jary.,  1682. — Saisine  given  to  James  Abercromby,  eldest  law11 
son  to  Sr  Alexr.  Abercromby  of  Birkenboig,  of  all  and  haill  the  toune 
and  lands  of  Gallcorss,  with  the  toure,  fortalice,  maner  place  yrof,  \vl 
the  pertinents. 

THE  OGILVIES  OF  KEMPCAIRN. 

In  the  Pasch  Roll  of  1665,  Ogilvie,  laird  of  Kempcairnc,  Keith, 
a  cadet  of  the  Ogilvies  of  Findlater,  was  entered  as  holding  Drumna- 
keyth,  and  Kempcairne  was  dropped.  Alexander  Ogilvie  of  Kcmpcairn, 
second  son  of  Sir  Walter  Ogilvie,  first  Lord  Deskford,  married 
Katherine,1  fourth  daughter  of  John  Grant,  fifth  laird  of  Freuchie,  Chief 
of  the  Grants.  In  1664,  this  Alexander  appears  as  an  elder  of  Keith 
Parish  Church.2  He  was  succeeded  by  his  son  John,  mentioned  in  the 
following  minutes : — 

7  July,  1664. — Seasing  James,  Earlc  of  ffindlater,  of  the  superioritie 
of  the  lands  of  Kempcairn,  Meikle  Drume,  Westertoune  and  Corss, 
and  of  the  patronages  of  the  Churches  of  Banff  and  Inverboyndie, 
and  of  the  bail/earie  of  the  lands  and  barronie  of  Strathilay. 

I  Appryll,  1680. — Saisine  given  to  Alex1'.  Ogilvie,  eldest  law"  son 
to  John  Ogilvie,  of  Kempcarne,  of  all  and  haill  the  toune  and  lands 
of  Kempcarne  the  maner  place  yrof  wl  the  millne  of  Kempcarne  wl 
the  pertinents. 

Saising  last  Jary,  1690. — George  Ogilvie,  brother  to  Alexander 
Ogilvie,  of  Kempkairn,  of  ane  yearly  @rent  of  80  libs  out  of  anie 
pairt  of  the  said  Alexander  his  estate  of  Kempcarne,  or  otherwayes. 

Saising  last  Jary,  1690. — Mistris  Margaret  Ogilvie,  sister  of  Alex1. 
Ogilvie  of  Kempcarne,  of  ane  yearly  (ffrent  of  160  libs  out  of  anie 
pairt  of  the  said  Alexander  his  lands  or  estate  within  the  parochines 
of  Keith  and  Grange. 

Saising  last  Jary,  1690. — Mrs.  Elizabeth  Ogilvie,  sister  to  Alexander 
Ogilvie,  of  Kempcairn,  of  ane  yearly  grent  of  120  libs  out  of  the 
same  lands. 

'Fraser's  "Chiefs  of  the  Grants,"  Vol.   I.,  p.   196. 
2  Dr.  Cramond's  Church  of  Keith. 


12  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Saising  last  Jary,  1690. — Mrs.  Anna  Ogilvie,  sister  to  Alexander 
Ogilvie,  of  Kempcairn,  of  ane  yearly  @rent  of  120  libs  out  of  the 
same  lands. 

28th  February,  1709.— Sasine  to  John  Ogilvie,  elder  of  Kempcairn, 
Mary  fforbes  his  spous,  and  John  Ogilvie  yr  grandchild,  eldest  law"  sone 
to  Alexr  Ogilvie,  your  of  Kempcairn,  off  all  and  haill  the  toune  and 
lands  of  Over  and  Xeyr  Moungrews,  \vl  the  mill  yrof  called  the  Milne 
of  Myres,  multures  and  sequells  of  the  samen,  wl  the  ptenents. 

At  the  Pasch  Court  of  1668,  James  Sutherland,  laird  of  Kinminity, 
Keith,  father  of  Alexander  Sutherland,  cadets  of  the  Lords  Duffus, 
dropped  out  of  the  roll  as  superior  of  the  lordship  of  Balvenie,  and 
that  subject  was  returned  blank  until  Pasch,  1669,  when  Alexander 
Fraser,  yr.  of  Philorth,  was  entered  for  that  lordship.  For  an  account 
of  the  lordship  of  Balvenie,  see  Baird's  "  Genealogical  Memoirs  of  the 
Duffs,"  and  Dr.  Cramond's  "Castle  and  Lords  of  Balvenie,  1892." 

19  Sepr.,  1668. — Saising  Alexander  ffraiser,  younger  of  Philorth, 
off  the  lands  and  lordship  off  Balvenie  vith  the  advocatione  and 
donatione  off  the  paroche  Church  of  Aberlour  and  chaplanrie  of 
Boharme,  vith  the  pertinents. 

THE  SUTHEULANDS  OK  KINMINITY  AND  BALVENIE. 

July  8,  1665. — Seasing  Alexander  Suyrland,  yor  of  Kinminntic,  of 
the  lands  and  lordshipe  of  Balvenie,  ye  lands  and  barronie  of 
Botriphnie,  ye  lands  and  barronie  of  Aberloure,  the  toune  and  lands 
of  over  and  ncyr  Kinmunntys  and  uyrs  lands  and  priviledges  com- 
prehended w'in  ye  sds  lordship  and  barronies. 

July  8,  1665. — Seasing  Alexr.  Suyrland,  yor  of  the  lands  of  over 
and  neyr  Kinminutys  all  and  haill  ye  lands  and  lo  of  Balvenie, 
the  lands  and  barronies  of  Botriphnie  and  Aberloure  c.prehending 
severall  uyrc  lands  and  priveledges. 

8  July,  1665. — Seasing  Jean  Forbes,  spous  to  Alex'.  Suyrland  yor 
of  Kinminuty,  of  all  and  haill  ye  mayns  of  Balvenie  extending  to  7 
chalders  victuall  w'  ye  kill  yrof  extending  to  4  bolls  victuall,  wl  yt 
pt  of  ye  lands  of  Lecachic  extending  to  4  chalders  victuall,  togither 
wl  ye  toune  and  lands  of  Tomnamuydc  extending  to  sex  bolls 
victuall,  wl  ye  teynd  shcavs  of  the  lands  above  wrin  and  viccariage  of 
ye  mayns  of  Balvenie. 


BARONS   AND   FREEHOLDERS.  13 

8  July,  1665. — Seasing  Wm.  Suyrland,  broyr  gcrman  to  Alcxr. 
Lord  Duffus,  of  ane  yeirlie  @rent  of  five  hundrcth  and  fourtie  punds 
scots,  to  be  uplifted  furth  of  ye  mayns  of  Balvenie. 

The  minute  of  the  Pasch  Court  of  1668  is  a  sample  of  many,  noting, 
as  it  does,  the  many  absentees  who  were  fined. 

AT  Banff  the  twentie  seavinth  day  off  Merch  lajv  &  sixtic  eight 

years,  Georg  Steuart,  Shereff  deput. 

The  whole  Nobles  and  Barronnes  called  thryse  and  not  compeirand 
except  the  Earles  of  Airlie  and  ffindlater,  who  compared  by  Thomas 
Ogilvyc  and  James  Brockie,  Cromertie  pcrsonallie  present,  Patrick 
Steuart  for  Rothiemay,  James  Brockie  for  Park,  Alex'.  Brockie  for  my 
Lord  Banff,  ilk  ane  off  them  amerciat  in  the  soume  off  fiftie  poundes 
moey  for  defect  off  sute  and  the  lyk  soume  for  ther  personall  presence, 
to  be  payed  w'in  term  off  law  to  the  Pror.  phiscall  under  the  payne  off 
poyndeing.  G.  STEUART. 

THE  LORDS  BANFF. 

23  Der.,  1657. — Seasing  Georg,  Lord  Bamff,  of  the  tonne  and  landes 
of  Barnehill,  Ueyhill. 

23  Der.,  1657. — Seasing  Lord  Bamff  of  the  landes  of  Mclrosc  and 
milne  yroff. 

6  May,  1659. — Seasing  Geo.,  Lord  Banff,  of  two  pleughcs  of  land 
in  the  Oldtoune  of  Carnowses. 

George,  ist  Lord  Banff,  "  surnamed  Ogilvie,  neare  octogenarius," 
died  on  Sept.  5,  '63.' 

22nd  Febry.,  1664. — Seasing  George,  Lord  Banff,  of  the  landes 
and  barronie  of  Inchdrower,  of  the  lands  and  tenendrie  of  Blairshinnoch 
and  Rattie,  of  the  lands  of  Outlaw  and  Rosieburn,  of  the  lands 
and  barronie  of  Forglen,  of  the  lands  and  tenendrie  of  Ord,  \\l  yr 
pertinents. 

6  March,  1665. — Seasing  George,  Lord  Banff,  of  the  tonnes  and 
lands  of  Ueyhill,  Barnhill,  Gelliehill,  and  Gelliemyln,  and  Auldailhous. 

26  September,  1665. — Seasing  ane  Noble  Lady  Dame  Agnes 
Falconer,  Lady  Banff,  in  lyfrcnt  of  the  lands  and  barrony  of  Forglen, 
maner  place  and  mansion  of  Forglen,  Kirktoun  of  Forglen,  Ribrays, 

1  Diary  of  John  Row.     "Scottish  Notes  and  Queries."     Vol.  VII.,  p.  70. 


I^  RECORDS  OF  THE  COUNTY  OF  BANFF. 

and  Cottouns,  haugh  of  Muresk,  lands  of  Whytfeild,  salmond  fishing 
on  Dovern  water. 

12  Junij,  1666. — Seasing  George,  Lord  of  Banff,  off  the  lands  and 
barronie  of  Crombie,  manor  place  and  mayns  therof,  the  toune  and 
lands  of  Old  Crombie,  Burne  of  Whomie,  Reidfuird,  New  Crombye 
w1  the  mylne  of  Crombye,  Braes  of  Crombye,  Ramore,  Drumnrie  and 
Tillifaff,  with  their  pertinents. 

15  ffebrj,  1668. — Saising  George,  Lord  of  Banff,  off  all  and  haill  the 
lands  of  Ryland,  mylne  and  mylne  lands  theiroff,  the  toune  and  lands 
of  Eister  and  Wester  Blacktouns,  Murehill,  Herrodhill,  ower  and 
neither  Deuchries  and  uthers,  vith  the  pertinents. 

March  -  -  '6N. — Died  my  Lord  Banff, '  aetatis 

23  December,  1669. — Saising  given  to  ane  Noble  Lord  George, 
Lord  off  Banff,  off  the  lands  and  barronrie  of  Inchdrower,  off  the 
lands  and  tennandrie  off  Blairshinoch  and  Rattie,  off  the  lands  of 
Outlaw  and  Roseburne,  off  the  lands  and  barronie  of  Forglen,  off  the 
lands  and  tenandrie  of  Ord,  off  the  toune  and  lands  of  Deyhill,  Bairn- 
hill,  Gelliehill  and  Gelliemilne,  and  of  the  toune  and  lands  of  Crombye 
theirin  comprehending  the  particular  touns,  lands,  mylnes,  mylne  lands 
and  uthers,  with  the  pertinents. 

i.S  November,  1673. — Saising  George,  Lord  Bamff,  off  all  and 
haill  the  lands  and  barronies  of  Doun  and  Monblaric,  comprehending 
the  toune  and  lands  of  Doun,  the  toune  and  lands  of  Silverfoord, 
Monbletone,  ffortrie,  milne  and  milne  lands  yroff,  Bruntycards,  Bades, 
M\  rehouse,  the  toune  and  lands  of  Boig,  Boigs  of  Monblaric,  Neutoune, 
Auldtoune  yroff,  the  lands  of  Burrelldails,  Linhead,  Scotistoune, 
Bredmyre  and  Hallymilne,  milne  lands  yroff. 

On  28  April,  1675,  the  crown  issued  a  protection2  to  '  Lord  Bamfe ' 
for  3  years  against  paying  (>< rents.  Row3  thus  describes  his  death  : — 
"  Lord  George  Banff,  an  man  of  an  very  ewell  life,  was  burnt  to  ashes 
in  his  bed  Januar  30,  1713,  ther  being  none  w'in  the  house  that  night 
butt  himselfe  and  an  servant  woman,  who  made  her  eskeap  when  she 
was  awakened  \vl  the  flames,  butt  no  possability  to  get  the  lire  stopt, 
or  to  get  my  Lord  relieved." 

1  Kow'.s  Diary.     "  Scottish  Notts  and  (Queries.1'     Vol.   VII.,   p.    122. 

=  State  Tapers  (Scotland)  Warrant  Books,  Vol.  III.,  p.  234,  in  the  PuMic  Record  Office, 
London. 

3  Row's  Diary.     "Scottish  Notes  and  Queries,"  p.   122. 


BARONS  AND  FREEHOLDERS.  15 

GORDON  OF  EDINGLASSIE. 

At  the  Michaelmas  Court  of  1669  there  was  added  to  the  end  of  the 
roll  "  the  Laird  of  Edinglassie  for  the  land  yroff,"  the  Laird  of  Park  being 
at  the  same  time .  entered  in  the  suite  roll  for  the  harronie  of 
Edinglassie.  The  Balbithan  M  S. '  gives  Sir  George  Gordon  of  Edin- 
glassie, Invermarkie,  Auchinhandock,  Carnousie  and  Crannoch,  as 
second  son  of  Sir  John  Gordon,  second  laird  of  Park  by  his  wife,  Hellen 
Sibbald,  daughter  of  Sir  James  Sibbald  of  Ramkillcr,  in  Fifeshire. 
His  wife,  whom  he  married  in  1665,  was  daughter  of  Sir  Alexr.  Aber- 
crombie  of  Birkenbog.  On  25th  Deer.,  1669,  an  "Act,2  in  favours  of 
George  Gordoun  of  Edinglassie  for  ane  yeerly  fair  on  the  hill  of 
Invermerkie,"  was  passed  by  the  Scots  Parliament.  This  fair  is  known 
as  Glass  market.  On  7  Eeby.,  1677,  a  docquct  of  the  warrant  for  a 
charter  to  George  Gordon  of  Edinglassie  on  the  barony  of  Rothiemay 
was  issued  by  the  Crown.3  He  was  knighted  by  Charles  II.  in  1681. 

26  Apryll,  1665. — Seasing  Marie  Abercrombie,  spous  to  Georg 
Gordone  of  Edinglassie,  in  lyfrent  of  the  maynes  of  Edinglassie, 
Perkhaugh,  over  and  neyr  Dumeths,  Glenbcig,  Bonfaill,  Hedriegall, 
Brasyde,  Cottertounc  and  Burnsyde. 

8th  Septr.,  1669. — Saising  George  Gordone  off  Edinglassie,  of  all 
and  haill  that  third  part  lands  of  Belchirie  called  Sockach,  with  the 
pertinents. 

THE  URQUHARTS  OF  CROMARTIF. 

Before  the  Michaelmas  Court  of  1668  Sir  Alexander  Urquhart 
of  Dunlugus  and  Muirden  died,  and  his  heirs  and  successors  were  then 
substituted  in  his  place.  Though  so  designed  in  the  Banffshire  suite 
roll,  he  was  more  commonly  designed  as  of  Cromartie,  being  younger 
brother  and  successor  of  Sir  Thomas  Urquhart  of  Cromartie,  the 
translator  of  Rabelais,  who  died  of  a  fit  of  laughter  in  1661  through 
excessive  delight  on  hearing  of  the  Restoration  !  The  Urquharts  of 
Cromartie  early  obtained  a  holding  of  land  in  Aberdecnshirc.  Adam, 
who  was  appointed  Sheriff  of  Cromartie  in  1357  by  David  II.,  obtained, 
in  1365,  a  charter  of  the  lands  of  Fishrie  and  Clashforbie  in  King- 
Edward.  His  descendant,  Alexander,  who  was  served  heir  to  Fishrie 
in  1561,  married  Beatrix  Innes  of  Auchintoul,  by  whom  he  had  two 
sons,  Walter,  the  elder,  and  John  of  Craigfintry  or  Craigston,  who  was 
commonly  known  as  the  tutor  of  Cromarty.  He  was  so  called  as 

'The  House  of  Gordon  (New  Spalding  Club),   Vol.   I.,  pp.   36-39. 
-  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   VII.,  p.  662. 
3  State  Papers  (Scotland)  Warrant  Books,  Vol.   IV.,  p.   185. 


!6  RECORDS  OF  THE  COUNTY  OF  BANFF. 

guardian  of  Walter's  grandson,  Thomas,  who  was  knighted  in  1617  by 
James  VI.  This  Thomas  was  the  father  of  the  translator  of  Rabelais 
above  mentioned,  who  was  knighted  in  1641  by  Charles  I.  Walter, 
whose  daughter  married  Walter  Ogilvie  of  Dunlugus,  was  succeeded  by 
his  second  son,  Henry,  who  married  Elizabeth,  daughter  of  Sir  George 
Ogilvie  of  Dunlugus.  Henry's  son,  Sir  Thomas  of  1617,  had  two  sons, 
Sir  Thomas  of  1641  and  Sir  Alexander  above  referred  to.  These  inter- 
marriages with  the  Ogilvies  of  Dunlugus  explain  Sir  Alexander's 
succession  to  that  estate.  The  Royalist  leanings  of  the  Urquharts 
involved  them  in  great  losses,  and,  in  1663,  the  Scots  Parliament ' 
recorded  a  report  by  Sir  Alexander  Abercrombie  of  Birkenbog  and  two 
other  Commissioners  that  the  losses  of  Sir  Alexander,  of  his  brother 
and  his  father  by  the  armies  impowered  by  the  pretended  estates  of 
Scotland  before  1650,  amounted  to  £20,303  8s.  rod.  Scots;  while  the 
estate  of  Cromartic,  in  1651  and  1652,  was  'sequestrat'  by  the  English  to 
the  extent  of  £39,203  75.  Scots.  In  1661  Sir  Alexander  ratified2  a  dis- 
position of  the  'lands  and  barronie  of  Cromartie  and  the  Shirreffship 
thairof,'  in  favour  of  Sir  John  Urquhart.  He  was  appointed 
Commissioner  of  Banffshirc  to  the  Parliament,3  which  met  on  gth 
January,  1667.  He  married  a  daughter  of  Lord  Elphinstone,  and  their 
daughter  Christian  \vas  the  wife  of  James,  second  Viscount  Frendraught. 

GORDON  OF  ZF.OCHRIE. 

To  the  end  of  the  roll  of  1688  was  added  Mr.  James  Gordon,  parson 
of  Rothiemay,  the  well-known  historian,  for  the  barony  of  Zcochrie,  for' 
which    the    following    minute    shows    that    he    had    to    give    suite    and 
presence  only  once  a  year. 

Banff,  first  off  Junij,  1672  yeires,  compeired  George  Gordone, 
eldest  lawfull  sone  to  Mr.  James  Gordone,  barren  of  Zeochrie,  and 
produced  the  sd  Mr.  James  his  charter  of  confirmatione  of  the  sds  lands, 
wheirin  he  is  only  obleidged  to  keep  the  head  Michalmes  court,  and  not 
the  Pash  court  as  his  charter,  of  the  daite  the  24  August,  1663,  bears. 

22  July,  1667. — Saiseing  Katharine  Gordowne,  spous  to  Mr.  James 
Gordowne,  minr  att  Rothemey,  off  and  upon  the  toune  and  lands  of 
Whytmuire  and  Northrilsyde  (?)  and  uthers,  with  the  pertinents. 

16  November,  1669. — Saising  Anna  Gordone,  youngest  lawfull 
daughter  to  Mr.  James  Gordone,  minister  at  Rothemey,  off  the 
toune  and  lands  off  Southmyreside  two  pairt  and  third  pairt  off  the 
samen. 

1  Acts  of  the  Parliaments  of  Scotland,  Vol.  VII.,  p.  479. 
7  Ihiiletn,  pp.   70,  71. 
J  Ibidem,  p.  537. 


BARONS   AND   FREEHOLDERS.  17 

i5th  Junij,  1686. — Saising  Elizabeth  and  Anna  Gordons,  law11 
daughters  of  the  first  mariadgc  procreatt  betwixt  Mr.  James  Gordon, 
minr  at  Rothimey,  and  Margaret  his  spouse,  of  the  lands  of  Meyresyde, 
Whitmuir,  meall  house,  Kirktoune  of  Aberchirder,  and  others. 

LYON  OF  CRAIGSTON  MUIRESK  AND  BELDORNIE. 

The  laird  of  Craigston,  John  Lyon,  Elder,  who  was  also  laird  of 
Muiresk,  and  who  appeared  from  1664  onwards  in  the  suite  roll  for 
the  barony  of  Beldornie,  dropped  out  in  tragic  circumstances.  He 
was  either  father-in-law  or  brother-in-law  of  John  Gordon,  fourth 
laird  of  Beldornie,  who,  according  to  the  Balbithan  MS.,1  married  in 
1631  the  daughter  of  the  laird  of  Muirhouse  [Muiresk].  By  1659 
Lyon  had  acquired  an  interest  in  what  is  part  of  the  modern  estate 
of  Beldornie,  as  the  following  Sasine  minute  shows  : — Last  Feb.,  1659. — 
Renunciatione  Johne  Lyone,  elder  of  Muresk,  and  Jon  Lyone,  younger 
yroff,  of  the  toune  and  landes  of  Belcherie.  By  1664,  he  must  have 
acquired  the  superiority  of  Beldornie,  otherwise  he  would  not  have 
been  entered  in  the  county  suite  roll  for  that  subject.  Gordon  seems, 
however,  to  have  retained  some  hold  of  the  lands,  as  the  following 
Sasine  minute  shows: — 22  Der.,  1664. — Seasing  Jon  Gordon  of  Bel- 
dornie of  ye  toune  and  lands  of  Beldornies,  comprehending  ye  lands 
of  Argalics,  Lynbaine,  myln  lands  yrof,  ye  lands  of  -  — ,  ye  east  and 
west  land  of  Gouls  and  salmond  [fishing]  yrof. 

Lyon's  possession  was  evidently  insecure;  and  in  1663  he  had 
recourse  to  the  Justiciary  Court  at  Edinburgh  for  protection  from 
reiving  highlanders,  who  had  settled  on  the  lands  of  Beldornie. 
Criminal  letters  were  at  his  instance  issued  against  them,  returnable 
on  loth  July,  1663 ;  but  on  that  day  Lyon  was  excused  by  the  court 
because  he  could  get  no  messenger  to  go  and  cite  them  in  "  Badenough 
where  they  lived."  By  ist  August  1664  the  letters  were  returned, 
and  the  accused  were  declared  "  fugitives  for  absence."  On  loth 
November,  1665,  one  of  the  Beldornie  tenants,  John  Roy,  in  Auch- 
inhandock,  was  indited  before  the  same  court  for  harbouring  and 
assisting  Patrick  Roy  McGregor  and  other  reivers  in  stealing  60  oxen 
and  17  cows  belonging  to  John  Lyon.  The  same  day,  Roy  McGregor 
and  his  accomplices  were  declared  fugitives.  Early  in  1666,  one  of 
them,  Lauchlane  Mclntosh,  was  tried,  condemned  and  executed. 
The  Justiciary  proceedings2  of  25th  March,  1667,  tell  the  rest  of  the 
story : — 

•See  "The  House  of  Gordon"  (New  Spalding  Club),  by  J.  M.  Bulloch.      Vol.   I.,  p.   12. 
-'See  Justiciary  Records,  Scottish  History  Society,  Vol.   I.,  pp.    198-200. 

C 


i8 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


The  said  Pat,  being  also  declared  fugitive  upon  the  information 
and  prosecution  of  the  said  John  Lyon,  and  letters  of  intercommuning 
and  commission  of  fire  and  sword  being  direct  against  the  said 
Patrick,  he,  in  resentment  of  the  said  proceedings,  vowed  to  be  re- 
venged on  the  said  John  Lyon,  and  in  prosecution  thereof  came  to 
his  lands  of  Belchirie,  and  the  said  Pat  Drummond  came  there  also 
with  their  associatts  and  plundered  them  ;  and  the  said  John  Lyon 
having  gone  up  to  the  saids  lands  to  defend  them,  and  being  lodged 
in  his  house  of  Helchirie,  the  saids  pannells  and  their  associatts  upon 
the  last  of  Aprile,  1666,  did  besett  the  house,  and  brought  straw  and 
corn  from  the  barn  yards,  and  iired  the  same  about  the  house  where 
the  said  John  Lyon  and  Alexr.  Lyon  his  son  were,  and  forced  them 
out  upon  capitulation  for  their  lives;  and  thereafter  carryed  them 
away  with  all  their  goods,  horses  and  furniture  to  the  Highlands,  to 
the  Braes  of  Abernethie  at  16  miles  distance  from  Belchirie,  and  there 
killed  the  said  John  Lyon  and  his  son,  giving  them  many  wounds  and 
strokes,  and  left  their  bodys  in  the  open  fields;  and  thereafter  quartered 
upon  their  lands  of  Belchirie,  and  oppressed  the  poor  inhabitants; 
and  thereafter  with  the  number  of  40  men  did  assault  the  town  of 
Keith  in  Banffshyrc  for  not  paying  black  maill,  and  fought  against 
these  who  opposed  them,  and  in  particular  agt.  Alexander  Gordon  of 
Glengaroch,  and  his  brother  Thomas  Gordon,  and  John  Ogilvie  of 
Milton  and  their  followers,  and  did  wound  and  mutilate  the  said  John 
Ogilvie  and  Thomas  Gordon,  and  the  pannells  themselves  being  ill 
wounded  at  the  time  and  not  able  to  flee  far  were  taken  prisoners  the 
next  day,  and  conveyed  from  shyrc  to  shyre  to  the  tolhooth  of 
Kdinbr.,  where  they  are  now  prisoners,  of  the  which  crimes,  etc.,  or 
ane  or  other  of  them,  they  are  actors  art  and  part  and  ought  to  be 
punished. 

The  assize  finds  them  guilty  actors  art  and  part  of  the  haill  crimes 
afore  written,  whereupon  they  arc  sentenced  to  be  taken  upon  the  27 
of  March  instant  to  the  mercatc  cross  of  Edinburgh,  betwixt  2  and  4 
hours  in  the  afternoon,  and  there  to  be  execute  in  manner  following, 
viz.: — The  said  P.  Roy  McGregor  and  P.  Drummond  their  right  hands 
to  be  first  cutt  off  by  the  executioner,  and  then  to  be  hanged  to  the 
death,  and  thereafter  their  bodies  to  lie  hung  up  in  chains  upon  the 
gallows  betwixt  Lcith  and  Edinburgh,  and  their  haill  goods  to  be 
escheat  to  His  Majesties  use,  which  sentence  was  accordingly  execute. 
Vide  the  like  sentence  agt.  their  accomplices,  yth  of  May,  1668. 

Nota.—  This  Pat.  Roy  McGregor  was  a  most  notorious  and  villanous  person,  but  of  a 
most  couragious  ami  resolute  minil.  lie  was  a  little  thick  short  man  red-haired 
ami  from  thence  called  Roy  Roy.  He  had  red  eyes  like  a  hawk,  and  a  tierce 
countenance  which  was  remarked  by  every  person.  He  endured  the  torture  of 
the  boots  m  the  Privy  Counsill  with  great  obstinacy,  and  suffered  many  strokes 
at  the  cutting  of  his  hands  with  wonderfull  patience  to  the  great  admiration  of 


COMMISSIONERS   OF   THE    SHIRE.  Ig 

the  spectators,    the  executioner  having  done   his  duty  so   ill   that  the   next  day 
he  was  deposed  for  it. 

The  following  sasine  minute  refers  to  the  eldest  son  who 
succeeded : — 

i5th  Aprill,  1668. — Saising  Johne  Lyone  of  Muiresk  off  all  and 
haill  the  toune  and  lands  of  Beldornie,  maner  place  yroff,  the  toune 
and  lands  of  Belcherie,  Lynbaines,  mylne  and  mylnc  lands  yroff,  the 
toune  and  lands  off  Corithstoune,  ower  and  neither  Gowles,  Litle 
Leatoch,  Achnastank,  Achlochies,  Achbrek,  Lagan,  mylne  of  Lagan 
and  uthers  vith  the  pertinents. 

COMMISSIONERS  OF  THE  SHIRE. 

For  long  all  Barons  and  Freeholders  in  Scotland  were  bound  to 
give  personal  suite  and  presence  at  the  King's  Court  of  Parliament. 
This  obligation  the  smaller  Barons  evaded  as  irksome,  and  in  1427  the}' 
were  by  statute  relieved  of  personal  attendance,  on  condition  of  their 
electing  to  represent  them  two  or  more  Commissioners  of  the  Shire 
from  each  county  except  Clackmannan  and  Kinross,  which  were  to 
send  one  Commissioner  each.  In  1587  the  election  of  Commissioners 
was  more  carefully  regulated,  and  it  was  then  enacted  that  they 
must  be  King's  freeholders  resident  within  the  shire,  that  all 
freeholders  of  the  King  under  the  degrees  of  Prelates  and  Lords  of 
Parliament  be  warned  by  proclamation  to  be  present  at  the  choosing  of 
Commissioners,  and  that  none  were  entitled  to  vote  but  such  as  had 
forty  shilling  land  in  free  tenandry  holden  of  the  King,  and  had 
their  actual  dwelling  and  residence  in  the  shire.  In  1661,  proprietors 
who  possessed  Church  lands  valued  at  ten  chalders  of  victual  yearly,  or 
one  thousand  pounds  (all  feu-duties  being  deducted)  were  enfranchised, 
and  were  declared  capable  of  being  elected  Commissioners.  Though 
the  County  Records  are  silent,  we  know  from  the  Acts  of  the  Parlia- 
ments of  Scotland  that  Sir  Alexander  Abercrombie  of  Birkenbog  repre- 
sented Banffshire  in  the  Parliament  that  met  at  Edinburgh  between 
January  1661  and  1663,  while  Sir  James  Baird  of  Auchrnedden, 
Sheriff  Principal  of  the  county,  was  Commissioner  to  the  Parliament 
that  sat  in  1665.  Sir  Alexander  Urquhart  of  Dunlugus  was  Com- 
missioner to  the  Convention  of  Estates  that  sat  in  January,  1667. 
Though  there  was  then  only  one  representative  from  Banffshire,  the 
normal  representation  was  two.  The  following  minute  recounts  the 
election  of  two  Commissioners  of  the  Shire  on  ist  October,  1669: 

AT  and  within  the  tolbuith  off   the  Brughe  off   Banff  the  first 
day  of  October,  lajvi  and  sixtie  nyne  yeires,  being  the  Heid 


2O  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Michaelmas  Court  holdinc  by  ane  hono1  gentleman,  Sr  James 
Baird  of  Auchmcddcn,  Knight,  Shirreff  Prin11  off  the  sd 
Shirreffdome. 

The  suitts  called,  the  Court  being  lawfullye  fenced  and  affirmed — 
The  whilk  day  the  Barrens  and  Freeholders  off  the  said  Shirreff- 
dome being  conveened  in  obedience  to  his  Matics  proclamatione  for 
electing  and  chooseing  Comissioners  to  attend  the  Parliament  to  be 
held  at  Edinburghe  the  nyntcinth  day  of  October  instant,  as  the  sd 
proclamatione  of  the  daittc  at  Edr  the  fyfteint  day  of  July  last 
bypast  and  proclamcd  at  the  mcrcatt  croice  off  Banff  upon  the  last 
day  off  Agust  theirefter  in  themselves  proports :  Theirfor  and 
in  obedience  yrunto  the  saids  Barrens  did  elect,  nominal  and  choose, 
and  be  thir  piits  elects  nominats  and  chooses  the  said  Sr  James  Baird 
off  Auchmedden,  and  Sr  Patrick  Ogilvie  of  Boyne,  Knight,  Comissioners 
ffor  the  sd  Shirreffdome  off  Banff  to  attend  the  said  meiting  off  Parlia- 
ment the  said  day  and  place,  with  full  power  to  them  to  sit,  treat  and 
voycc,  and  to  act  and  doe  cvry  thing  else  for  promotcing  of  his  Matics 
interest,  and  tending  to  the  good  of  this  his  anncient  kingdome,  als  frcelye, 
fullye  and  amplie  in  all  respects  as  any  others  Cofiirs  from  any  of  the 
shyres  of  the  kingdome  shall  doe,  lirme  and  stable  holdinge,  and  have 
impowcred  the  Shirreff  Clerk  to  subscryve  the  same,  under  his  hand 
and  seall  off  the  said  shyre. 

THE  OGILVIES  OF  BOYNE. 

Sir  Patrick  Ogilvie,  of  Boyne,  was  the  eldest  lawful  son  and 
heir  of  Walter  Ogilvie  of  Boyne.  During  the  Civil  Wars,  Walter 
Ogilvie  took  an  active  part  on  the  Covenanting  side;  and  in  1645 
Montrose,  after  his  victor}-  at  Auldearn,  sweeping  along  the  north  of 
Banffshire,  harried  his  lands  from  Portsoy  to  Banff.  Later,  Boyne 
had  so  mitigated  his  enthusiasm  for  the  Covenant  as  to  join  the  Duke 
of  Hamilton  and  Charles  in  the  invasion  of  England,  which  ended  in 
the  defeat  of  Worcester,  an  indiscretion  for  which,  on  his  return  home 
to  Boyne,  he  had  to  suffer  church  discipline.  In  the  year  of  the 
Restoration,  Walter  Ogilvie  settled  on  his  eldest  son  the  barony  and 
thanedome  of  Boyne.  The  law  of  entail  had  not  then  been  enacted, 
and  a  method  of  settling  real  estate  on  families,  before  Sir  George 
Mackenzie's  Entail  Act  of  1685,  was  for  a  father  to  create  a  liferent 
in  himself,  and  to  convey  the  fee  to  his  heir.  In  an  act1  of  the  Scots 
Parliament,  dated  5th  September,  i6Gi,  the  son  is  designed  Sir  Patrick 
'The  Acts  of  Parliaments  of  Scotland,  Vol.  VII.,  p.  410. 


COMMISSIONERS   OF   THE   SHIRE.  21 

Ogilvie  of  Boyne,  Knight,  which  shows  that  by  that  date  he  had 
received  the  honour  of  knighthood.  In  1664  Sir  Patrick  married  Anna, 
daughter  of  James,  seventh  laird  of  Grant. *  His  father,  Walter,  died 
between  30  April,  1666,  and  26  October,  1667.  On  24  April,  1671,  the 
crown  issued  a  warrant2  for  a  charter  to  Sir  Patrick  Ogilvie  of  Boyne 
of  the  lands  of  the  barony  and  thanedome  of  Boyne,  which  had  been 
resigned  for  new  infeftment,  the  holding  to  be  changed  from  ward  to 
taxtward.  On  25  August,  1674,  a  commission 3  was  issued  to  the 
laird  of  Boyne  to  be  captain  of  one  of  the  companies  of  a  new 
regiment  of  foot;  and  on  21  July,  1675,  :l  docquet  of  the  warrant4  for 
a  charter  to  Sir  Patrick  Ogilvie  of  Boyne,  on  resignation  of  James, 
Earl  of  Findlater,  for  new  infeftment  to  Sir  Patrick  Ogilvie  was 
executed.  On  29  May,  1676,  Boyne  was  promoted 5  lieutenant 
colonell  of  the  Militia  regiment  of  foot  in  the  shire  of  Aberdeen, 
the  colonel  of  which  was  the  Earl  of  Errol.  On  23  Scptr.,  1678, 
he  received  a  commission6  to  be  captain  of  a  company  in  His 
Majesty's  new  regiment  of  foot  whereof  the  Earl  of  Mar  was  colonel. 
In  1681,  he  was  created  a  Judge  of  the  Court  of  Session  under  the  title 
of  Lord  Boyne.  On  2Oth  June,  1682,  a  commission7  was  issued  to 
him  to  be  lieut.  colonel  of  the  Militia  regiment  in  the  shire 
of  Banff  and  Erroll's  part  of  Aberdeen,  of  which  the  E.  of  Erroll  was 
colonel.  On  ist  June,  1677,  he  received  a  royal  protection8  against 
paying  annual  rents  on  his  mortgages. 

i8th  Maii,  1660.- — Scaseing  given  to  Patrick  Ogilvie,  eldest  law" 
sone  to  Walter  Ogilvie  of  Boyne,  off  the  tonnes  and  landes  and 
barrony  off  the  thayndome  off  Boyne. 

2gth  July,  1662.- — Renuncia°ne  Jon  Shepherd  of  Midskeith  to  Sir 
Patrick  Ogilvie  of  Boynd  of  the  lands  of  Culphine. 

3  Junii,  1664. — Seasing  Mistres  Anna  Grant,  eldest  daughter  to  ye 
deceist  James  Grant  of  Freughic,  and  apparent  spous  to  Sr  Patrick 
Ogilvie,  yer  of  Boyne,  Knyght,  of  and  upon  all  and  sundrie  the  lands 
of  Buchragie  and  maner  place  yrof,  together  wl  ye  lands  of  Dallachie 
and  oyrs. 

30  Aprill,  1666. — Saising  Walter  Ogilvie  off  Boynd  off  all  and 
haill  the  lands  of  Achanachie,  Culphine,  Ordings,  with  yr  pertinents. 

26  October,  1667. — Saising  Sr  Patrick  Ogilvie  of  Boyne,  Knight, 
off  all  and  haill  the  lands  and  barronie  of  Boyne,  theirin  compre- 

1  See  also  Sir  William  Fraser's  "Chiefs  of  the  Grants,"  Vol.   I  ,   p.   290. 

=  State  Papers  (Scotland)  Warrant  Books,  Vol.   I.,  p.    132. 

3S.  P.  (Scotland)  Warrant  Hooks,  Vol.  III.,  p.  44.  4  Do.,  Vol.  III.,  p.  298.  -Do., 
Vol.  III.,  p.  480.  "Do.,  Vol.  IV.,  p.  417.  ?Uo.,  Vol.  VII.,  p.  206.  S0u.,  Vol.  IV.,  p. 
268. 


22  RECORDS  OF  THE  COUNTY  OF  BANFF. 

bending  the  tounc  and  lands  of  Cowhythe  and  Scots  mylne,  the  lands 
of  Ardbrangang,  Cairntoune,  Whyntie  and  Greinfeld,  the  lands  of 
Threipland  and  Greincoatts,  and  uthers  with  the  pertinents. 

26  October,  1667.— Saising  Sr  Patrick  Ogilvie  of  Boyne  off  all 
and  haill  the  tonnes  and  lands  of  Achanachie,  Culphine,  Rothine  and 
Ordings  and  uthers  with  the  pertinents. 

29  March,  1672. — Saising  given  to  James  Ogilvie,  merchand  in  Edr., 
brother  german  to  Sr  Patrick  Ogilvie  of  Boyne,  off  all  and  haill  eight 
aikers  off  land  of  Badinspink. 

6  Jarij.,  1673.— Saising  given  to  Sir  Patrick  Ogilvie  of  Boyne  off 
all  and  haill  the  lands  of  Frendraught,  the  lands  of  Conzie,  the 
templands  off  Frendraught,  the  lands  and  brugh  of  barronrie  of  Forgue, 
the  baronrie  of  Convoy,  the  lands  and  barronrie  of  Kinardie,  with 
divers  other  lands,  barronries,  millnes  millnelands  wods  fishings  and 
uthers. 

17  Merch,  1674.— Renunciation  and  grant  off  redemption  of  the 
lands  (iff  Whyntie,  with  the  pertinents  made  and  granted  be  Patrick 
Ogilvie  of  Murie,  in  favours  of  Sir  Patrick  Ogilvie  off  Boyne. 

12  Junii,  1674. — Saiseing  given  to  Sir  Patrick  Ogilvie  of  Boyne,  of 
all  and  haill  the  thanedomc  of  Boyne. 

12  Junii,  1674. — Renunciations  and  grant  off  redemptione  off  all 
and  haill  the  toune  and  lands  of  Eister  Culphine  made  and  granted 
be  Maister  James  Skiner  in  Thripland,  and  Marie  Hamiltoune,  his 
spouse,  in  favours  of  Sir  Patrick  Ogilvie  of  Boyne,  knight. 

10  Nover,  1675. — Saising  given  to  Sir  Patrick  Ogilvie  of  Boyne, 
of  all  and  haill  the  lands  of  Arnbath,  the  lands  of  Portsoy,  Burgh 
of  Barronrie  and  harboure  therof,  the  lands  of  Auchmoir,  Moiswards, 
Kindrought,  Rochwillie,  Sydeboyne,  Aird,  Dunies,  Sculhendrie  and 
Drumeshillock,  with  the  pertinents. 

<j  Junii,  1676. — Renunciatione  and  grant  of  redemptione  made 
and  granted  be  Alexr.  Abernethie,  of  Auchincloich,  of  and  upon  thertie 
aikers  lands  of  the  lands  of  Portsoy,  to  and  in  favours  of  Sir  Patrick 
Ogilvie  of  Boyne,  knight. 

In  the  Pasch  Roll  of  1670  the  Laird  of  Auchmedden  is  taken  up 
and  placed  immediately  after  the  Laird  of  Boyne.  The  Viscount 
Frendraught,  amid  his  falling  fortunes,  loses  his  qualiiication  of  Neither- 
daill.  To  the  end  of  roll  of  1670  are  added  David  Gregorie  for  the  lands 
of  Neitherdaill,  and  David  Cruickshank  'off  Balnoone  for  the  lands  yroff.' 


BARONS  AND  FREEHOLDERS.  23 

THE  GREGORIES  OF  NETHERDALE,  ETC. 

David  Gregorie,  burgess  of  Aberdeen,  succeeded  his  brother  Mr. 
Alexander  Gregorie  of  Neitherdaill,  who,  in  March,  1664,  was  done  to 
death  by  the  Crichtons  of  Frendraught. '  Their  father,  Mr.  John 
Gregorie,  minister  of  Drumoak,  was  ancestor  of  the  famous  Mathe- 
maticians and  Doctors  of  that  name.  In  1673,  the  Crown  issued  a 
warrant2  for  a  charter  to  David  Gregory  over  Kinardie. 

26  Septr.,  1659. — Seasing  gevin  to  Jannet  Anderson,  relict  of  the 
deceist  Mr.  Johne  Gregorie,  in  lyverent  off  the  toun  and  lands  off 
Baineshole  w'  the  shaddow  halff  off  the  town  and  lands  off  Over 
Comistie,  w'  the  uther  half  off  the  sds  landcs  off  Over  Comistie,  wl  the 
milne  and  milne  lands  off  Auchentender,  w1  the  town  and  lands  off 
Cragnethertie,  \\l  four  oxingaitt  of  the  lands  off  Xcyrdaill,  u1  the  uyr 
four  oxingaitt  of  yc  sds  landcs  off  Neyrdaill,  and  in  speciall  warrandice 
of  the  lands  off  Craignethertie  and  Neyrdaill  oft"  aught  oxingaitt  off 
the  town  and  lands  off  Xeyr  Comistie  \vl  the  Kirkcroft  off  sd. 

26  Septr.,  1659. — Instrument  of  Seasing  gevin  to  Jeanc  Rosse, 
spous'  to  Mr.  Alexr.  Gregorie,  in  lyverent  off  all  and  haill  the  Chapel 
toune  of  Neyrdeall  and  lands  yroff,  the  tounc  and  landes  off  Milnehill, 
Windeye,  Wettfoot,  coble  croft,  milne  and  miln  landes  off  Xeyrdeall, 
town  and  landes  of  Muriefield,  with  the  salmon  fishings  and  fish  boat 
upon  the  watr  off  Dovern. 

THE  CRUICKSHAXKS  OF  BALNOON. 

3  Merch,  1673  yeirs. — Saiseing  given  to  Isobcll  Rac,  spouse  to 
David  Cruikshaink  off  Balnoone,  of  all  and  haill  the  tounc  and  lands 
of  Kirktoune  of  Invcrkeithnie,  and  of  the  croft  of  the  said  Kirktounc, 
and  the  lands  of  Ballnone,  in  conjunct  fie  and  lyverent  durcing  all 
the  dayes  of  ther  lyftyme. 

171)1  Jary,  1706. — Sasinc  given  to  Alexr  Cruickshank  of  Balnoon, 
nearest  and  law"  air  male  to  the  decest  David  Cruickshank  of  Balnoon, 
his  uncle,  of  all  and  haill  the  toun  and  lands  of  Kirktoune  of  Inner- 
keithnie  and  crofts  yrof,  w'  ye  houses,  biggings  and  pertinents  of  the 
samen;  all  and  haill  the  croft  of  the  sd  Kirktoun  of  Innerkcithny,  toune 
and  lands  of  Balnoon,  w'  the  houses,  biggings,  parts,  pendickles  and 
ptnents  of  the  samen,  lying  w'in  the  parochine  of  Innerkeithing  nnd 
Shereffdome  of  Banff;  and  all  and  haill  the  toun  and  lands  of  Litle 

'Justiciary  Records  (Scottish  History  Society).     Vol.   I.,  pp.  94,   100-105. 
"S.  P.  (Scotland)  Warrant  Books,  Vol.  II.,  p.  312. 


24  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Forg  and  mill  yrof,  lying  w'in  the  parochine  of  Forgue  and  Shereffdome 
of  Aberdeen. 

PAYMENT  OF  COMMISSIONERS  OF  THE  SHIRE. 

The  practice  of  stenting  the  count}-  to  pay  the  charges  of  the 
Commissioners  of  the  shire  during  their  attendance  at  Parliament  still 
obtained,  though  towards  the  end  of  this  century  it  ceased,  the  Com- 
missioners appointed  promising  to  serve  gratuitously. 

Banff,  8th  Novr.,  1670. — The  Shreff  and  Barrens  being  convcined 
for  laying  on  the  Comissers  chairgcs  to  the  last  two  sessions  off  Parl' 
have  recomended  for  the  Shrcff's  assistanc  Rothemay  and  Kinminnetie 
to  meet  and  stent  for  the  Comissers  chairges,  and  to  report  the  twentie 
fourth  day  off  Novr,  and  ordaincs  all  lands  holden  off  his  Matie  being 
ane  ffourtie  shilling  land,  and  the  lands  holden  off  abbacies  to  be  lyable 
for  and  pay  there  proportionall  pairt  off  the  Comissers  chairges. 

GORDON  OF  BELDORNIE. 

In  the  Pasch  roll  of  1671  the  Laird  of  Muiresk  drops  out  for  the 
baronie  of  Beldornie,  the  entry  appearing  blank.  At  Michaelmas  the 
entry  appears  as  "  the  Laird  of  Beldornie,"  presumably  John  Gordon. 

2jf  January,  1670. — Saising  John  Gordone  of  Beldornie,  of  all  and 
haill  the  tonne  and  lands  of  Belchcrie. 

31  May,  1683. — Saisine  given  to  Jon  Gordone,  elder  of  Beldornie, 
and  Anna  Gordone,  his  spouse,  in  lifrent,  and  John  Gordon  yor  the 
son,  of  all  and  haill  that  prt  and  portionc  of  the  lands  of  Belchirie, 
\\'  the  pertinents. 

THE  ABERNETHIES  OF  AUCHINCLECH  AND  MEYEN,  ETC. 

To  the  same  Pasch  roll  of  1671  was  added  the  name  of  Alexander 
Abernethie,  off  Auchenclech,  for  these  lands;  while  in  next  Michaelmas 
roll  the  lands  of  Meyen  were  added  to  his  qualification.  On  25th 
January,  1671,  the  Crown  issued  a  warrant1  for  a  charter  to  Alex1". 
Abernethie  of  Auchincloich,  Banffshire. 

10  October,  1665. — Seasing  Issobell  Hackatt,  spous  to  Alexr.  Aber- 
nethie of  Auchinclech,  of  ane  yeirlie  (nrent  of  three  hundreth  three 
score  merks  Scotts  moey  to  be  uplifted  furth  of  the  toune  and  lands 
1  State  Papers  (Scotland)  Warrant  Books.  Vol.  I.,  p.  84. 


BARONS   AND    FREEHOLDERS.  25 

of  Auchinclech  and  Ternemnie,  furth  of  any  the  sd  Alexr  his  mylns, 
woods,  fisheings  and  uyrs  piitlie  pteining  to  him,  or  qlks  shall  pteine 
heirefter  w'in  this  nation. 

10  October,  1665. — Seasing  Alex1".  Abernethie,  of  Auchinclech,  of 
ye  just  and  equall  halff  of  the  tonne  and  lands  of  Meyen  and  Quoir, 
and  pendicles  yrof  called  Glennihous  and  forresters  croft,  w'  ye  myln 
and  myln  lands  of  Meyen,  woods  and  oyrs  w'in  wrin. 

25  November,  1673. — Saising  Issobell  Hackat,  spouse  to  Alexander 
Abernethie  off  Auchinclech,  off  the  tounc  and  lands  of  Meyen  and 
Quoir,  and  pendicles  of  Meyen  callit  Glcnnyhouse  and  forresters  croft, 
with  the  pertinents. 

14  Jary,  1686. — John  Abernethie  of  Meyan  of  the  lands  of  Auchin- 
cloich,  the  shaddow  plough  of  the  lands  of  Ternemnie,  and  lands  of 
Meyan,  and  lands  of  Quoir  and  wthers,  with  their  pertinents,  upon  a 
precept  of  the  chancellarie. 

THE  STRACHANS  AND  STEUARTS  OF  LESMURDIE. 

At  Michaelmas,  1671,  in  place  of  the  entry  "the  aires  and 
successors  of  Lesmurdie,"  appears  the  entry  "  the  Laird  of  Les- 
murdie  for  the  lands  yroff."  These  heirs  and  successors  were  the  female 
descendants  of  Alexander  Strachan  of  Lesmurdie,  who  took  sasine  in 
1664  as  his  heirs  portioners.  James  Steuart,  of  Achorachan,  Glenlivet, 
husband  of  the  eldest  daughter  Elizabeth,  was  entered  in  the  county 
suite  roll  of  1671.  In  S.  P.  (Scotland)  Warrant  Books,  Vol.  V.,  p.  389, 
under  date  8  June,  1678,  occurs  a  docquet  of  the  warrant  for  a  gift  of 
recognition  of  the  lands  of  Soccach  and  Lesmurdie  in  Mortlich,  and 
then  by  annexation  in  Cabrach,  formerly  belonging  to  John  Watt, 
portioner  of  Lesmurdie,  John  Watt  his  father  and  to  umq"  Alexander 
Strachan  of  Lesmurdie,  to  James,  Earl  of  Airlie. 

8  November,  1664. — Seasing  Elizabeth,  Margaret,  Jean,  Issobell, 
and  Helen  Strachans,  coairs  portioners  servit  and  retourit  to  ye  deceist 
Alex1"  Strachane  of  Lesmurdie  yr  good  sire,  of  the  toune  and  lands 
of  Eastertoune  of  Lesmurdie,  third  pt  toune  and  lands  of  Invercherach, 
third  pt  toune  and  lands  of  Auchnastank,  and  third  pt  toune  and  lands 
of  Belchirie. 

28th  October,  1669. — Saising  given  to  Janet  Steuart,  spous  to  Robert 
Grant  in  Auchbrek,  and  Johne  Grant  his  sone,  off  all  and  haill  four 
oxgaitte  of  land  of  the  lands  of  Lesmurdie,  adjacent  to  the  lands  called 
Sockach,  with  the  pertinents  yrof. 

D 


26  RECORDS  OF  THE  COUNTY  OF  BANFF. 

28  October,  1669. — Saising  given  to  Elizabeth  Strachan,  spous  to 
James  Steuart  of  Lesmurdie,  and  Alexr  Steuart,  yr,  eldest  law11  sone, 
off  all  and  haill  the  tonne  and  lands  off  Sockach. 

10  Appryll,  1676. — Saiseing  given  to  James  Stewart  of  Lesmurdie 
and  Alexr  Stewart,  his  sone,  off  all  and  haill  the  toune  and  lands  of 
Easter  and  Wester  Lesmurdie,  Tombaine,  Tornbellie,  Caldstryp,  with 
the  pertinents. 

10  Appryll,  1676. — Saiseing  given  to  Elizabeth  Strachcn,  spouse  to 
James  Stewart  of  Lesmurdie,  of  all  and  haill  the  lands  of  Tombaine, 
Tombellie,  Coldstrvpc,  and  ....  with  the  pertinents. 

8  Junii,  1676. — Saiseing  given  to  John  fforbcs  of  Invernatie  and 
Kathren  Steuart  his  spouse,  off  all  and  haill  the  toune  and  lands  of 
Succach,  with  the  stone  house  yrof,  of  the  four  oxingaitt  of  the  easter 
syde  of  the  lands  off  the  barronrie  of  Lesmurdie  called  fforteith  tack,  as 
prin"  lands,  and  the  rest  of  the  lands  of  the  barronrie  of  Lesmurdie 
in  speciall  warrandicc,  with  the  pertinents. 

Last  December,  if>S6. — Saising  Robert  Grantt  of  Tombreckachie, 
Janet  Stewart  his  spouse,  and  Robert  Grantt  their  eldest  sone,  of  the 
hinds  of  Soccoch  and  others. 

Last  December,  1686.— Saising  Robert  Grantt  of  Tombrekachic  in 
lyfrent,  and  James  Grantt  his  second  sone  in  fie,  of  the  lands  of  Easter 
Lesmurdie. 

iNth  January,  1686.— Saising  Robert  Grantt  of  Tombrekachie  of  ane 
year-lie  (a  rent  90  merks  out  of  the  lands  of  Soccoch  and  others. 

Last  May,  1693.— Saising  Magdalen  Crichtoun,  spouse  to  Alexr 
Stewart  of  Lesmurdie,  in  lyfrent  of  the  Mayns  and  Eastertoune  of 
Lesmurdie,  the  lands  of  Eoighead  and  Coldstryp,  with  yr  pertinents. 

29  Junii,  1697.— Saising  James  Stewart  of  Achorachan  of  the  lands 
of  Eastertoune  of  Lesmurdie,  comprehending  the  third  pairt  lands  of 
Inverchirach,  Achnastank  and  Bellchirie,  and  Mylne  of  Lesmurdie,  and 
the  lands  of  Drywells,  Boigehead,  Coldstrype,  Mylnetoune,  Aldluy, 
Sococh,  Fortciths  tack  and  pertinents  yrof,  within  the  parochin  of 
Mortlich,  upon  a  charter  under  the  great  seall  to  Alex'  Stewart  of 
Lesmurdie,  and  by  him  assigned  and  disponed  to  the  said  Tames 
Stewart. 


THE    SHERIFF    PRINCIPAL.  27 

The  following  commission  in  favour  of  James  Baird,  younger. of 
Auchmedden,  to  be  conjunct  Sheriff  Principal  of  Banffshire  with  his 
father,  Sir  James  Baird,  was  granted  him  on  account  of  his  services  in 
connexion  with  the  suppression  of  the  highland  reivers,  who  sorned  on 
the  lands  of  Beldornie  and  Keith  referred  to  on  pages  17  and  18. 

AT  and  within  the  tolbuith  of  the  Burghe  of  Bamff,  the  twentie 
tuo  day  of  August,  Iajvj&  and  sevintie  tuo  yearcs. 

The  whilk  day  compeired  pcrsonallie  Sr  James  Baird  of  Auch- 
medden, knight,  and  James  Baird,  younger  theiroff,  his  eldest  sone,  who 
produced  ane  comissione  or  patent  granted  to  them  by  our  S.  L.  the 
Kings  Majestic,  under  his  Matics  great  seall  of  his  ancient  kingdome  of 
Scotland,  for  exerceing  of  the  office  of  Shirreffship  conjunctlic  within 
the  bounds  and  limits  of  the  Shirreffdomc  of  Banff;  by  which  comissione 
our  said  S.  L.  gave,  granted  and  disponed  to  the  sd  Sr  James  Baird  of 
Auchmedden,  and  James  Baird  his  sone,  the  sd  office  of  Shirreffship 
during  all  the  dayes  of  their  lyftyme,  and  after  the  deceise  of  the  sd 
Sr  James  Baird  to  be  exerced  by  the  said  James  Baird  his  sone,  as 
only  Shirrcff  Prin"  within  the  limitts  and  bounds  of  the  sd  Shreffdome 
during  all  the  dayes  of  his  lyfftyme,  with  all  fees,  profeitts,  casualties, 
priviledges  and  immunites  yrto  belonging,  with  power  to  them  to  enjoy 
and  apply  the  samen  to  their  owen  proper  use,  and  to  elect,  nominal 
and  choyse  deputs  ane  or  mac  (for  whom  they  shall  be  answerable),  and 
all  other  serjants  and  officeirs  of  court  (except  the  Shirrcff  Clerk),  and 
to  act  and  doe  evry  thing  else  belonging  to  the  sd  office  of  Shirreffship 
als  fullie  and  amplie  in  all  respects  as  anie  Shirreff  Prin"  within  any 
Shreffdome  of  the  sd  kingdome  of  Scotland  heirtofore  hath  done  or 
shall  doe,  as  the  said  comissione  of  the  daite  after  specd  in  itself  bears, 
which  the  sd  Sr  James  Baird,  and  James  Baird  his  sone  ordained  to 
be  ingrcl  and  regrat  in  the  Shirrcff  bookes  of  Banff  theirin  to  remayne 
to  future  memorie,  and  whairof  the  tenor  followcs  thus : — 

Carolus  Dei  gratia  Scotia;  Anglite  ffranciae  et  Hibernise  Rex  Fideiq 
Defensor  Omnibus  probis  hominibus  suis  ad  quos  presentes  liter* 
nostra;  pervenerint  salutem :  Sciatis  nos  preclarc  gestas  a  delectis 
nostris  Domino  Jacobo  Baird  de  Auchmedden  milite  pra;scntc  Vice- 
comite  Principali  vicecomitati*  nostri  de  Bamff  et  Jacobo  Baird  juniore 
ejus  nlio  nobis  dilucide  enotuisse  prsescrtim  non  ita  pridem  supprimendo 


28  RECORDS  OF  THE  COUNTY  OF  BANFF. 

montanos  ct  cxleges  in  septcntrionalibus  partibus  hujus  regni  nostri 
Scotiae  intra  limites  dicti  nostri  vicecomitatus  ac  juridice  cohibendo 
oppressiones  ct  flagitia  ab  eis  in  istis  partibus  nuper  commiss  eosq 
deducendo  ad  condignum  supplicium  pro  eisdem :  Atq  animo  nostro 
revolventes  eorum  eximias  animi  dotes  et  fidelitatem  ad  obeundum 
dictum  officium  in  posterum  ct  satis  compcrtum  habentes  prefatum 
Dominum  Jacobum  Baird  fidcltiter  obiisse  dictum  officium  Vicecomitis 
a  tcmporc  ejus  admissionis  ad  idem  incipieii  mense  februarii  anno 
domini  millesimo  scxccntesimo  sexagesimo  quarto  secundum  nostram 
donationcm  sibi  sub  nostro  magno  sigillo  eatenus  concessam  :  Et  nos  pro 
causis  antcdictis  non  solum  volcntes  mcmoratum  dominum  Jacobum 
Haird  in  fungcndo  dicto  officio  durante  cjus  vita  persistere,  verum 
etiam  serio  cupientes  pro  corum  uberiori  incitamcnto  prefatum  Jacobum 
Baird  cjus  filium  sibi  in  dicto  officio  jungerc  duraii  omnibus  eorum  vitae 
dicbus  conjunctim  quern  volumus  gaudere  et  frui  antedicto  officio  per 
semctipsum  solum  post  obitum  dicti  Domini  Jacobi  Baird  sui  patris 
pro  toto  tcmporc  suac  vitae  :  Igitur  fecimus  constituimus  et  ordinavimus 
tenoreq  pntium  facimus  constituimus  et  ordinamus  memoratum 
Jacobum  Baird  scniorem  dc  Auchmeddcn  militem  piitem  Vicecomitem 
Principalcm  praedicti  vicecomitatus  nostri  de  Bamff  et  prefatum 
Jacobum  Baird  Juniorem  ejus  filium  junctos  Vicecomites  Principales 
antedicti  vicecomitatus  nostri  dc  Bamff  intra  universas  limites  juris- 
dictionem  et  bondas  ejusdcm :  Idq  durafi  omnibus  corum  vitae  diebus 
conjunctim  et  post  obitum  dicti  domini  Jacobi  Baird  antedictum 
Jacobum  Baird  ejus  tilium  per  semetipsum  solum  ct  unitum  Principalem 
Vicecomitem  cjusdem  vicecomitatus  firi  de  Bamff:  Ac  dedimus  con- 
ccssimus  ct  disposuimus  tenoreq  presentium  damus  concedimus  et 
disponimus  cis  duraii  spatiis  antedictis  idem  officium  Vicecomitis  cum 
universis  feodis  proficuis  casualitatibus  privileges  ct  emolumcntis  co 
pertincn  et  spectan  :  Cum  plena  potcstate  eis  durantibus  spatiis  ante 
dictis  cadcm  percipiendi  ct  levandi  ct  ad  proprios  suos  usus  applicandi 
deputatos  unum  seu  plures  (pro  quibus  respondere  tenebuntur)  creandi 
et  substitucndi  officiarios  serjandos  adjudicatores  et  cuncta  alia  curiae 
membra  ncccssaria  (demptis  clericis)  nominandi  creandi  et  constituendi : 
Et  gcncraliter  omnia  alia  et  singula  necessaria  dictum  officium  ct 
executionem  cjusdem  tangcii  agendi  prafstandi  et  cxercendi  tanta  cum 
libertate  et  amplitudine  in  omnibus  respcctibus  sicut  quicunq  alius 


THE   SHERIFF   PRINCIPAL.  29 

Vicecomes  Principalis  cujusvis  alius  vicecomitatus  in  dicto  rcgno  nostro 
Scotiae  simile  officium  de  pnti  possidet  et  gaudet  vel  quovis  temporc 
retroacto  possedit  et  gavisus  est :  Mandamus  cunctis  nostris  subditis  ut 
prefatis  dominis  Jacobo  Baird  et  Jacobo  Baird  ejus  tilio  in  executione 
dicti  officii  Vicecomitis  parate  morem  gerant  pareant  et  obtemperent. 
In  cujus  rei  testimonium  presentibus  magnum  sigillum  nostrum  appendi 
precepimus  apud  aulam  nostram  de  Whythall  vigesimo  primo  die 
mensis  Octobris  anno  Domini  millesimo  sexcentcsimo  sexagesimo  octavo 
et  anno  regni  nostri  vigesimo  per  signaturam  manu  S.  U.  N.  Kcgis 
suprascriptam,  et  sic  a  tergo  subscribitur :  Writtin  to  the  great  seall  the 
nynteint  of  Julj,  1672,  Will  Kerr:  Sealled  at  Ed1.,  the  tuentie  tuo  day  of 
Julj,  1672,  Jo.  Cuninghame.  After  reading  of  the  which  comissionc 
the  sd  Sr  James  Baird,  and  James  Baird  his  sone  asked  instruments, 
and  the  said  Sr  James  Baird  did  take  the  sd  James  Baird  his  oath  dc 
rideli  administratione,  and  did  take  the  declaratione  in  maner  following, 
and  the  oath  off  alledgence : 

I,  James  Baird,  doe  sinceirly  affirmc  and  declare  that  I  judge  it 
unlaufull  to  subjects  upon  pretence  of  reformatione  or  uther  pretence 
\vhatsomever  to  enter  into  leagues  and  covenants,  or  to  take  up  armcs 
against  the  King  or  those  commissionat  by  him,  and  that  all  these 
gatherings,  convocations,  petitions,  protestations  and  erecting  and 
keeping  off  councill  tables  that  \ver  used  in  the  begining,  and  for  carving 
on  of  the  late  troubles  \ver  unlawfull  and  seditious,  and  particularlie  that 
these  oaths  whairoff  the  on  wes  comonlic  called  the  Nationall  Covenant 
(as  it  wes  sworne  and  explained  in  the  yeir  Iajvj&  and  thrcttie  eight 
and  theirafter),  and  the  other  entituled  a  Solemne  League  and  Covenant 
wer  and  are  in  themselves  unlaufull  oaths,  and  wer  takinc  by  and 
imposed  upon  the  subjects  of  this  kingdomc  against  the  fundamentall 
lawes  and  liberties  off  the  same,  and  that  their  lyeth  no  obligationc 
upon  me  or  any  of  the  subjects  from  the  saids  oaths  or  eyr  of  them  to 
endeavour  any  change  or  alterationc  of  the  government  cither  in  church 
or  state,  as  it  is  now  established  by  the  lawcs  of  the  kingdomc. 

JAMES  BAIRD. 

James  Baird,  yr.,  died  before  August,  1681,  when  Sir  George  Gordon 
of  Edinglassie  was  conjoined  with  his  father  as  Sheriff  Principal. 


30  RECORDS  OF  THE  COUNTY  OF  BANFF. 

29  July,  1673. — Saising  James  Baird,  younger  of  Auchmedden,  and 
Lad}-  Katherine  Hay,  his  spouse,  in  lyverent  off  all  and  haill  the  toune 
and  lands  of  Minonie,  milne  and  milne  lands,  the  toune  and  lands  of 
old  and  new  Draidleonds,  with  the  pertinents. 

9  August,  1684. — Saisine  given  to  Laddy  Kathrin  Hay,  relict  of 
the  deceist  James  Baird  liar  of  Auchmedden,  and  to  James  Baird  yor 
of  Auchmedden,  now  her  son.  of  all  and  haill  the  pleughe  of  land  called 
the  new  tonne  of  Xorthlield,  \vl  the  pertinents. 

9  August,  1684. — Saisine  given  to  Laddie  Kathrin  Hay,  relict  of 
the  deceist  James  Baird  fiar  of  Auchmedden,  of  all  and  haill  the 
toune  and  lands  of  Litle  Byth,  \vl  the  pertinents. 

17  August,  1686. — Saising  Lady  Kathren  Hay  .  .  .  of  ane  yearly 
(a  rent  of  600  merks  out  of  the  mylnes  and  mylnc  lands  of  Auchmedden 
and  I'ittgar. 

Tin-:  HAYS  OF  KANNAS  AND  MULDAVIT. 

In  tlu:  suite  roll  of  Pasch,  1672,  instead  of  the  old  entry,  "The  aires 
ami  successors  of    fames  Hay  of   Kaunas  for  the  lands  of  Muldavit," 
appears    "The    laird    of    Kaunas."      The   genealogy  of   this    family  is 
treated  by  Dr.  Cramond  in  a  paper  published  by  the  Banffshire  Field 
Club  in  their  transactions  of  7th   February,  1889.     They  are  given  in 
some  detail    here,  because  several  of    this  family  took   part    in  county 
administration.      They   are    descended    from     the    Hays    of    Lenplum, 
cadets  of  the  Twecdale   family.      George    Hay,  rector  of    Rathven   in 
the   falling   fortunes  of    the   Church   of    Rome,   was   able   to   obtain    a 
grant  of  the   barony  of   Rathven,   including   Rannas,    Freuchny,   Fyn- 
dachtie    and    Furskyne.     He    subsequently  sided  with   the    Reformers, 
and    married.     He  was  succeeded    by  James  Hay  of  Rannas,  c  1592! 
who   married    Katherine   Dunbar  of  Grange  and   Burgie  in    1603,  and 
had   issue   (i)  George    Hay  of    Rannas;     (2)  James   Hay  of    Muldavit 
who    died   in    1656;    (3)    John    Hay   of    Langshed ;    (4)    Andrew  Hay 
of  Darbreich,  who  lived  at   Netherrniln  and   Edingeith ;    (5)    William 
Hay  of  Clunehill,  ancestor  of  Freuchny ;    (6)   Katherine,  and  (7)  Anne 
In   1626  John  Duff,  elder  and  younger  of  Muldavit,  disponed  to  James 
Hay  the  lands  of  Muldavit,  and  he  gave  them  to  his  second  son,  James 
Hay   succeeded,    probably   about     1630.      He    married    Agnes 
Gutnne,  daughter  of  Guthrie  of  Guthrie,  Bishop  of  Moray.     They  had 
issue  (i)  James  Hay  of  Rannas;    (2)  Alexander  Hay  of  Arnbath,  who 
died  m  1698 ;    (3)  Captain  John  Hay  of  Echries,  and  (4)  Joseph  Hay 
George  died  in  1654,  and  was  succeeded  by  his  eldest  son,  James  who 


BARONS   AND   FREEHOLDERS.  3! 

appears  in  the  suite  roll  of  the  county  of  1664.  He  married,  in  1645, 
Margaret,  daughter  of  Gordon  of  Park.  They  had  issue  (i)  James  Hay 
of-  Rannas,  who  succeeded  in  1666,  and  is  the  "  laird  of  Rannas " 
mentioned  in  the  suite  roll  of  1672,  when  he  attained  majority,  and  (2) 
Andrew  Hay  of  Mountblairy.  James  Hay  died  between  Pasch  and 
Michaelmas,  1666.  His  successor  James  Hay  was  during  his  minority 
under  his  uncle  John  Hay  of  Echries,  as  tutor.  He  married  Margaret, 
daughter  of  Gordon  of  Glengerrack,  and  had  issue  (i)  Charles  Hay, 
born  1688,  who  succeeded,  and  (2)  James  Hay,  merchant,  Banff,  who 
married  Helen  Lauder,  the  Dowager  Lady  Banff. 

GARDEN  OF  TROUP. 

In  the  suite  roll  of  Pasch,  1672,  a  marginal  note  states  that  the  Laird 
of  Troup  was  minor.  The  Gardens  acquired  Troup  in  1654,  when 
Major  Alexander  Garden,  who  had  served  under  Gustavus  Adolphus  in 
Sweden,  returned  to  Scotland  and  purchased  it  It  was  formerly  a 
possession  of  the  Keiths.  Major  Garden  was  succeeded  by  his  son, 
Alexander,  c  1663.  In  1683,  he  wrote  for  Sir  Robert  Sibald  an  in- 
teresting account  of  the  north  side  of  the  coast  of  Buchan,  including 
Gamrie,  published  in  the  "  Collections  of  the  Shires  of  Aberdeen  and 
Banff,"  issued  by  the  Spalding  Club.  He  married  Bathia,  daughter 
of  Sir  Alexander  Forbes  of  Cragievar.  28th  Agust,  1663. — Seasing 
Alex1'  Gairden  of  Troup  of  all  and  haill  the  lands  and  barronie  of  Troup, 
and  mancr  place  yrof. 

In  the  Pasch  roll  of  1672,  the  "  Laird  of  Birkcnbogc,  for  the  lands 
of  Galcorss,"  is  taken  up  and  placed  immediately  after  Auchmcdden. 
The  qualification  of  Cjuoir  is  added  to  Alexander  Abernethie  of  Auchin- 
clech  and  Meyen.  In  the  Pasch  roll  of  if>73'  Sir  Haryc  Guthrii:  of 
King-Edward  is  entered  for  the  lands  of  Dunlugus  and  Muirden ; 
while  for  Mr.  Thomas  Thomsone  there  is  substituted  "  William  Seatone 
ffor  the  lands  of  Todlaw."  To  the  end  of  the  Pasch  roll  of  1675  is 
added  "  Walter  Leslie  of  Tulliche  for  ye  lands  yrof." 

At  the  Michaelmas  court  of  1675,  several  additions  were  made  to 
the  roll  of  Freeholders. 

Michclmes  Court,   1675. 

CURIA  Capitalis  Yicecomitatus  de  Bamff  tenta  in  pretorio  burgi 
de  Bamff  per  Dominum  Jacobum  Baird  de  Auchmedden  Yice- 
comitem  Principalem  dicti  vicecomitatus  et  Georgium  Steuart 
ejus  deputatum  primo  die  mensis  Octobris  anno  Domini 
millesimo  sexcentesimo  septuagesimo  quinto  quo  die  sectis 
vocatis  Curia  legittime  affirmata  fuit. 


32  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Roll  as  given  before,  with  the  following  additions:— 
Si-.  William  Keith  off  Ludqharn  for  the  lands  off  Northfeild. 
Walter  Grhame  oft'  Garters  for  the  lands  off  Monbletone  and  ffortries. 
William  Gumming  off  Achry. 
John  Ramsay  off  Meilrose  for  the  lands  yroff,  and  ffor  the  lands 

of  Tortries. 

Walter  Ogilvie  off  Reidhyth  for  the  lands  yroff. 
Johne  Leslie  off  Kininvie  for  the  lands  yroff. 

The  tutor  off  Grant  for  his  lands  off  Medderclunie  and  Clunemore. 
George  Cuming,  Provest  of  Elgin,  for  his  lands  off  Bregachie  and 

Lochterwandich. 

Sr.  Robert  Innes  off  Kinermonie  for  the  lands  yroff. 
The  Laird  of  Pluscarden  for  the  lands  oft'  Auchmadies. 
Alexr.  Duff  for  his  lands  oft'  Lettach  and  Auldachlagan. 
Alexr.  Leslie  for  his  lands  of  Bochrome. 
The  aires  and  successors  of  Alexr.  Grant  off  Allachie  for  the  lands 

of  Bochrome  and  Milnetone. 
The  Wassails  off  the  abbacie  off  Aberbrothock. 
The  Wassails  off  the  abbacie  of  Couper. 
The  Wassails  off  the  abbacie  of  Kinloss. 
The  Bishop  off  Aberdein. 
The  Bishop  off  Murray. 
The  Parson  off  Rathven. 

At  the  Michaelmas  Court  of  1676,  Sir  William  Keith  of  Ludquharn, 
Walter  Grhame  of  Garter  and  John  Ramsay  of  Melrose  drop  out  of  the 
list,  Ramsay  re-appearing  again  in  the  Pasch  roll  of  1681  for  Melrose. 

RAMSAY  OF  MELROSE. 

2  Ap.,  1659. — Seasing  given  to  Margret  Meldrum,  spous  of  James 
Ramsay  in  Melrose,  of  the  landes  and  milne  yroff. 

2  Ap.,  1659. — Seasing  Johne  Ramsay,  eldest  law"  sone  of  the  sd 
James  Ramsay,  of  the  lands  of  Melrose  milne  yroff. 

THE  CUMINES  OF  LOCHTERVANDICH  AND  AUCHRY. 
6th   September,   1657. — Seasing  giveing  to  Georg  Cuming,  bailzie 
burges  of  Klgine,  and  William  Cuming  his  son,  of  the  half  davach  landes 
of  Lochterwandich,  and  half  davach  landes  of  Bregauch. 


BARONS    AND   FREEHOLDERS.  33 

8  Feb.,  1659. — Seasing  given  to  Georg  Cumen,  provest  of  Elgine, 
of  the  reversion  of  the  landes  of  Lynemore  and  Succoth. 

6  Sep.,  1659. — Seasing  given  to  Georg  Gumming,  bailzie  burges 
of  Elgine,  and  William  Gumming  his  sone  of  the  half  davach  landes 
of  Lochtervandich,  and  half  davoch  landes  of  Bragauch,  with  the 
pertinents. 

i2th  Febry.,  1674. — Saising  Issobell  Gordoune,  spouse  to  William 
Cuming  of  Auchry,  off  all  and  haill  the  lands  callit  the  litle  Guishaugh, 
with  the  pertinents. 

17  Nover.,  1675. — Saiseing  given  to  William  Cumeing  of  Auchray 
of  all  and  haill  the  reversione  of  the  toune  and  lands  of  Lynmoir  and 
Suckoch. 

30  January,  1685. — Sasing  George  Cuming,  provest  of  Elgine,  and 
Wm.  Cuming  of  Achry  his  sone  in  fie  of  the  half  dauch  lands  of 
Lettervandich  and  half  dauch  lands  of  Brekachie,  with  the  other  half 
dauch  and  milne  thereof,  with  yr  pertinents,  upon  a  charter  under  the 
great  seall. 

The  Cumens I  of  Lochtervandech,  now  represented  by  the  Cumines 
of  Rattray,  trace  their  descent  from  Duncan,  second  son  of  Sir  Richard 
Gumming  of  Altyre,  who  died  in  1384.  George  Cumen  was  eighth  in 
descent,  and  was  provost  of  Elgin  for  nearly  thirty  years.  His  son, 
William,  married,  as  his  first  wife,  a  daughter  of  John  Gordon,  provost 
of  Banff.  The  village  of  Cuminestown,  on  the  Auchry  estate,  is  called 
after  the  family. 

WALTER  OGILVIE  OF  REIDHYTHE. 

Walter  Ogilvie  of  Reidhythe,  founder  of  the  Reidhythe  educational 
benefaction  to  Fordyce  Academy  and  to  King's  College,  Aberdeen,  was 
originally  designed  of  Bankhead.  On  24th  April,  1671,  there  was  issued 
by  the  crown  a  warrant '  for  a  charter  to  Walter  Ogilvie  of  Bankhead 
over  Meikle  and  Little  Bogtounes,  upon  resignation  of  James  Earl  of 
Findlater,  these  lands  to  be  erected  into  the  barony  of  Reidhythe, 
holden  of  the  King.  These  lands  were  mortified  by  Walter  Ogilvie  for 
the  educational  purposes  mentioned,  but,  as  the  holding  was  really  a 
wadset  from  the  Earl  of  Findlater,  Reidhythe  was  in  course  reacquired 
by  the  Findlater  family,  and  the  price  of  redemption  invested  in  other 
lands  in  Aberdeenshire. 

1  See  "  History  of  the  Cumines  of  Loctervandech,"  by  James  Cuniine  of  Ratlray,   1887. 

E 


34  RECORDS  OF  THE  COUNTY  OF  BANFF. 

26  Nov.,  1657.— Seasing  given  to  Walter  Ogilvie  of  Bankhead  of 
the  toune  and  landes  of  Over  and  Nether  Auchmillies,  Radin  -  — , 
Wandless  and  uyrs  yrin  conteaned. 

23  May,  1659.— Seasing  Walter  Ogilvie  of  Reidhythe  of  the  toune 
and  landes  of  neyr  Bogtoune. 

23  May,  1659. — Renunciatione  and  grant  of  redemptione,  Walter 
Ogilvie  of  Reidhyth,  in  favor  of  Walter  Ogilvie  of  Boyne. 

25  Ma)-,  1663. — Renunciatione  of  the  tounes  and  lands  of  over  and 
ncyr  Auchmillies,  the  lands  of  ,  the  lands  of  caster 

Tillinaught  called  Wandles,  and  ane  pt  of  the  lands  of  Draichadlies, 
granted  he  Walter  Ogilvie  of  Bankheid  to  James  Earle  of  Findlater. 

25  May,  1663. — Backhank  and  reversione  Walter  Ogilvie  of  Bank- 
held  to  James  Earle  of  Findlater  of  the  toune  and  lands  of  Reidhyth, 
and  Meikle  and  Litlc  Boigtouns. 

10  Junii,  1663. — Seasing  Walter  Ogilvie  of  Bankheid  of  the  tounes 
and  lands  of  Reidhyth,  Meikle  and  Litle  Boigtouns,  w"  ye  fishings 
yrof. 

10  September,  1664. — Renunciation  Alexander  Shand  in  Bogtoun,  in 
favours  of  Walter  Ogilvie  of  Bankheid,  of  the  toune  and  lands  of  Over 
Bogtoune. 

6  Junij,  1672. — Saising  given  to  Walter  Ogilvye  off  Bankhead  of 
all  and  haill  the  toune  and  lands  of  Reidhythe,  and  the  toune  and 
lands  of  Meikle  and  Litle  Boigtouns  with  the  fishboats  off  Reidhythe 
and  others,  with  the  pertinents. 

THE  LESLIES  OF  KININVIE  AND  TULLICH,  ETC. 

The  Leslies  of  Kininvie,  cadets  of  the  Earls  of  Rothes  and  the  Leslies 
of  Balquhain,  acquired  the  estate  of  Kininvie,  Mortlach,  in  1521,  from 
John,  Earl  of  Athol,  Lord  of  Balvenie.  The  first  laird  Alexander,  in 
1525,  built  the  present  house  of  Kininvie.  His  third  son  George,  of 
Urummuir,  was  grandfather  of  Alexander  Leslie,  the  soldier  of  fortune 
who  became  first  Earl  of  Leven.  In  1870,  Colonel  A.  Y.  Leslie  of 
Kininvie  compiled  a  family  tree  from  the  following  sources: — (i)  Colonel 
Leslie's  "  Historical  Records  of  the  family  of  Leslie  " ;  (2)  Charters 
including  the  Kininvie  entail  and  other  family  documents;  (3)  Douglas 
Peerage;  (4)  Inscriptions  in  the  family  burying  place  in  Mortlach,  and 
(5)  from  the  family  bible,  which  he  s'ays  is  a  true  record  since  1625. 

'State  Tapers  Warrant  Books  (Scotland),  Vol.  I.,  p.   132.     P.R.O, 


BARONS   AND   FREEHOLDERS.  35 

According  to  this  pedigree,  Isabella,  aunt  of  John  Leslie  6th  Laird  of 
Kininvie>  was  mother  of  Archbishop  Sharp  of  St.  Andrews.  The 
following  sasine  minutes,  relative  to  Leslies  in  Mortlach,  etc.,  illustrate 
the  ramifactions  of  the  Leslies  of  Kininvie,  etc.,  and  correct  some  state- 
ments in  the  family  tree  referred  to. 

aoth  August,  1657. — Seasing  given  to  William  Leslie  in  Miltoune 
of  Balvenie,  and  Marjorie  Grant '  his  spous,  of  the  saides  landes  of 
Miltoun. 

20  Augt,  1657. — Seasing  given  to  Walter  Leslie  of  Tullich,  and 
Elspet  Leslie  his  spous,  of  the  landes  of  Meikle  Tullich. 

20  Augt.,  1657. — Seasing  given  to  Alexander  Leslie  in  Bochrome 
of  all  and  haill  the  east  pleugh  of  the  lands  of  Bochrome. 

ist  Jany,  1658. — Seasing  Alexr.  Leslie,  at  Milne  of  Potglassies,  of 
the  lands  of  Tulloch. 

23  May,  1659. — Seasing  given  to  Alexr.  Leslie  of  Tullochallum  of 
half  davach  landes  of  Enoches  and  Belnaboe. 

5  Junii,  1660. — Seaseing  given  to  Johne  Lesley  in  Cluniemore  of  the 
halff  dauch  toune  and  landes  of  Enochies  and  Tombellie. 

8  Januar,  1664. — Seasing  John  Lesley  of  Enochs  and  his  spous  of 
ye  toune  and  landes  of  Parkbeig. 

24  Agust,  1664. — Seasing  Jon  Leslie,  yor  of  Parkbeg,  of  the  toune 
and  lands  of  Bomakelloche. 

8  Der.,  1664. — Renunciatione  Jon  Leslie  of  Mudhousc  of  the  six 
oxegate  lands  of  ye  davauch  of  Drumquhirrichc  in  favoure  of  Wm. 
Murray  portioner  yrof. 

22  October,  1667. — Saising  Johne  Leslye  off  Kininvye2  off  all  and 
haill  the  dawache  toune  and  lands  off  Kininivye  vith  the  maner  place 
yroff  and  uthers,  vith  the  pertinents. 

24  Febri,  1668. — Saising  Christan  Douglas,3  spous  to  Walter  Leslye 
off  Tullich,  off  the  toune  and  lands  of  Meikle  Tullich  and  others,  with 
the  pertinents. 

29  November,  1673. — Renuncia°ne  of  the  toune  and  lands  of 
Bomakelloch  with  the  pertinents,  made  and  granted  be  Johne  Leslie 
of  Parkbeg,  in  favors  off  Adam  Duff  of  Drumuir. 

1  Daughter  of  Alexander  Grant  of  Allachie.  Sir  Wm.  Fraser's  "  Chiefs  of  the  Grants,'' 
Vol.  I.,  p.  512.  'Sixth  Laird  of  Kininvie. 

3  Daughter  and  heir  portioner  of  Dr.  Alexander  Douglas  of  Dounies,  Provost  of  Banff. 


36  RECORDS  OK  THE  COUNTY  OF  BANFF. 

3  Mover.,  1675. — Saiseing  given  to  Kaithren  Hamiltoune,  spouse  to 
John  Leslie  of  Meyr  Clenie,  in  conjunct  fie  and  lyverent  of  all  and  haill 
ane  yearlie  ©rent  of  threscore  punds  Scots,  to  be  uplifted  furth  of  the 
wester  four  oxingait  lands  of  Meyr  Clenie,  with  the  pertinents. 

22  Jarij.,  1678. — Saiseing  given  to  John  Leslyof  Parkbeeg  off  all  and 
haill  the  uaster  halfe  off  the  toune  and  lands  off  Lettoch. 

15  May,  1678. — Renunciatione  made  be  Christian  Dowglas,  spouse 
to  Walter  Lesly  of  Tullich,  and  he  for  his  interest  off  and  upon  all  and 
haill  the  lands  of  Wester  Drachadlie. 

3  Sept.,  1683. — Saisine  given  to  Alex'.  Leslye,  eldest  law11  son  to 
Jon  Leslye  of  Kininvie  and  Jannet  Hameltoune  his  spouse,  and  longest 
liver  of  y1"  tuo,  of  all  and  haill  the  lands  called  the  Garres  lot,  w'  the 
pertinents. 

6  Septr.,  1683. — Saisine  given  to  Alex1'.  Leslye,  yor  of  Kininvie,  and 
Janet  Hamiltoune  his  spouse,  the  longest  liver  of  y™  two,  of  all  and 
haill  the  toune  and  lands  of  Ordings,  w<  the  pertinents. 

18  Oct.,  '83. — Saisine  given  to  Walter  Leslye  of  Tullich  and  Mr. 
John  Leslye  his  son,  in  fie  of  all  and  haill  the  toune  and  land  of 
,  with  the  pertinents. 

ist  Junii,  1692. — Saising  Alexander  Leslie  of  Kininvie,  and  Janet 
Hamiltoune  his  spouse,  in  lyfrent  of  the  Castle  of  Banff,  hill  and  yeard 
therof,  on  a  charter  under  the  great  seall. 

24  October,  1692.— George  Leslie  of  Tullich  of  the  lands  of  Meikle 
Tullich  and  pendicle  therof  called  Braiklaichfold,  with  yr  pertinents, 
upon  a  precept  out  of  the  Chancellarie. 

28  October,  1692.— Saising  George  Leslie  of  Tullich  of  the  lands  of 
Achinhamper  mylne  and  mylne  lands  yrof,  and  sume  third  pairt  of  the 
lands  of  Dounies,  etc. 

28  Octor.,  1692. — Saising  Nicola  Gordon,  spouse  to  George  Leslie  of 
Tullich  and  Braiklochfold,  etc. 

Last  May,  1693.— Renun.  John  Leslie  of  Parkbeg,  in  favours  of  the 
Duke  of  Gordon,  of  the  lands  of  Enochs  and  Tombellie,  with  yr 
pertinents. 

3rd  Nor.,  1693.— Saising  Alexander  Leslie,  yor  of  Bochrom,  and 
Mary  Grantt  his  spouse,  in  lyfrent  of  the  lands  of  Bochrom. 


BARONS  AND   FREEHOLDERS.  37 

12  Jary.,  1700. — Saisine  Alexr.  Leslye  of  Kininvie,  of  Easter 
Buchrome. 

12  Jary.,  1700. — Saisine  James  Leslye,  sone  to  Johne  Leslye  of 
Kininvy,  of  the  lands  of  Meikle  Tullich. 

10  June,  1701.— Sasine  to  Alexander  Leslie,  your,  of  Kininvie,  of 
all  and  haill  the  lands  of  Easter  Buchrome,  stock  and  teynd  yroff. 

loth  June,  1702. — Renunciation  by  Anna  Gordon,  relict  of  the 
decest  Alex1".  Lesly  of  Buchrome,  of  his  lyfrent  right  of  the  lands  of 
Easter  Buchrome  in  favors  of  Alexr.  Lesly,  yor  of  Kininvie,  lying 
in  the  paroshine  of  Mortlich. 

25  June,  1703. — -Sasine  to  Mr.  James  Lesly  of  Tullich  and  Hellen 
Carmichell  his  spouse,  of  all  and  haill  the  lands  of  Easter  Buchrome, 
stock  and  teynd  yroff,  wl  the  manner  place  and  others  within  the 
parochin  of  Mortlich. 

i8th  Jarij,  1705. — Sasine  to  John  Lesly  of  Kininvie  of  all  and  haill 
the  lands  and  crofts  called  the  Gereslot  lying  near  the  Brugh  of  Banff, 
all  and  haill  the  manner  place  and  Castell  of  Banff,  castlehill,  castle 
yeard,  kill,  kill-barn,  malt,  coable,  \vl  the  houses  and  pertinents 
yrof  .  .  .  but  w'out  the  liberties  and  territories  of  the  sd  Brugh. 

gth  February,  1706. — Sasine  to  James  Lesly  of  Tullich  of  all  and 
haill  the  davauch  lands  of  Kininve,  and  haill  pertinents  of  the  samen. 

4th  June,  1706. — Sasine  to  James  Lesly  of  Tullich  of  all  and  haill 
the  davach  lands  of  Kininve,  manner  place  yrof,  and  ptenents  of  the 
samen,  lying  w'in  the  parochin  of  Mortlich,  lordship  of  Balvenie  and 
Shireffdome  of  Banff. 

THE  TUTOR  OF  GRANT. 

The  tutor  of  Grant,1  Patrick,  second  son  of  Sir  John  Grant,  sixth 
of  Freuchie,  Chief  of  the  Grants,  became  in  1663  tutor  to  his  nephew 
Ludovick  eighth  of  Freuchie  then  in  minority.  He  held  for  some 
time  a  commission  in  the  army  as  Lieutenant  Colonel.  He  had  three 
daughters,  one  of  whom  Mary  married  Patrick  Grant  or  MacAlpine  of 
Rothiemurchus.  They  are  ancestors  of  the  present  laird  of  Rothie- 
murchus  John  Peter  Grant  Sheriff  Substitute  of  Inverness. 

•Eraser's  "Chiefs  of  the  Grants,"  Vol.  I.,  pp.  238,  etc. 


38  RECORDS  OF  THE  COUNTY  OF  BANFF. 

INNES  OF  KINERMONIE.  ' 

Robert  Innes,  5th  baron  of  Innermarkie,  acquired  from  Lord  Ochil- 
tree  the  lands  and  barony  of  Balvenie  on  a  charter  under  the  great  seal, 
dated  1615.  Thereafter,  the  family  took  as  their  chief  title  Balvenie. 
On  i2th  February,  1631,  Robert  Innes  was  created  by  Charles  I.,  a 
baronet  of  Nova  Scotia  with  the  title  of  Balvenie.  He  had  two  sons, 
Sir  Walter,  second  baronet  of  Balvenie,  who  succeeded  to  the  greater 
part  of  Balvenie,  and  William,  who  received  Kinermonie,  part  of  the 
lordship  of  Balvenie,  as  his  portion.  Sir  Walter  was  succeeded  by  his 
son,  Sir  Robert  Innes,  as  3rd  baronet.  Both  supported  the  crown 
during  the.  civil  wars,  and  in  consequence  their  estates  became  involved 
in  debt,  and  their  part  of  Balvenie  was  sold.  Sir  Robert  dying  without 
issue  was  succeeded  by  the  cadets  of  Kinermonie,  who  thereupon  took 
up  the  baronetcy.  The  Inneses  of  Edingeith  now  represent  this  family, 
and  hold  the  baronetcy  of  Balvenie. 

First  ffebrie,  1694. — Saising  Sir  George  Innes  of  Dunoon  as  air  to 
the  deceast  William  Innes  of  Kinermonie  his  uncle,  of  the  lands,  mylne 
and  fishings  of  Kinermonie  and  teynds  and  pertinents. 

First  ffebrie,  1694. — Saising  James  Innes  of  Ortoune  of  the  dauch 
lands  of  Kinermonie,  mylne  and  salmond  fishings  belonging  yrto. 

ACHMAIJIES,  BOHAKM. 

The  estate  of  Auchmadies  in  the  parish  of  Boharm,  and  now 
embraced  within  the  bounds  of  Arndilly,  for  long  belonged  to  the 
Chiefs  of  the  Grants.  It  was  sold  by  them  to  the  Grants  of  Arndilly, 
cadets  of  the  Chiefs  of  the  Grants,  between  1774,  and  1785. 2  The 
entry  in  the  suite  roll  of  the  Laird  of  Pluscarden  for  the  lands  of  Auch- 
madies ceased  at  Michaelmas,  1677. 

ist  November,  1687. — Saising  Colline  MacKenzie  of  Pluscarden,  air 
to  umq".  Thomas  McKenzie  of  Pluscarden,  his  father,  of  the  dauch 
lands  of  Achmadies  .  .  .  upon  a  precept  out  of  the  chancellarie. 

DUFF  OF  KEITHMORE. 

Alexander  Duff  of  Keithmore,  Mortlach,  eldest  son  of  Adam  Duff  of 
Clunybeg,  also  in  Mortlach,  was  born  c.  1623.  His  holding  of  Keith- 
more  was  a  wadset  from  the  Marquess  of  Huntly,  afterwards  Duke  of 
Gordon,  and  was  redeemed  by  the  superior  on  27th  May,  1692.  He 

'Cramontl  "The  Castle  anil  Lords  of  Balveny,   1892 ." 

Shaw's  "Moray,"  Vol.   I.,  pp.    183-4.     Ecln.    1882. 
-Fraser's  "Chiefs  of  the  Grants,"  Vol.  I.,  p.  450. 


BARONS   AND    FREEHOLDERS.  39 

married,  c.  1649-50,  Helen  Grant,  daughter  of  Archibald  Grant  of 
Bellintomb,  a  cadet  of  the  Chiefs  of  the  Grants,  and  not  daughter  of  Alex- 
ander Grant  of  Allachie,  Bellintomb's  brother,  as  Shaw  and  Sir  William 
Fraser  in  his  "  Chiefs  of  the  Grants "  assert.  The  mistake  probably 
arose  because  she,  her  husband  and  her  son,  Alexander  of  Bracco, 
succeeded  to  some  of  the  possessions  of  her  uncle  Alexander  Grant 
of  Allachie.  Alexander  Duffs  first  holding  of  land  is  said  to  have 
been  Succoth,  which  he  acquired  c.  1650.  By  Michaelmas,  1675, 
Allachie  had  died.  At  that  Head  Court  Keithmore  was  entered  in  the 
roll  for  Lettach  and  Auldachlagan ;  and,  at  the  Michaelmas  Court  of 
1677,  he  was  entered  for  Allachie's  possessions  of  Bochrom  and  Millne- 
toune  in  addition  to  his  old  holding.  A  year  later,  he  had  Bracco  in 
Grange  also  added  to  his  holdings  mentioned  in  the  suite  roll. 

For  long  Keithmore  acted  as  Baron  Bailie  in  the  Marquess  of 
Huntly's  Baron  Court  of  Auchindoun.  He  had  three  sons,  Alexander 
of  Bracco,  William  of  Dipple,  and  Patrick  of  Craigston,  and  three 
daughters,  Margaret,  who  married  in  1676  James  Steuart  of  Achorachan 
and  Lesmurdie,  Jean,  who  married  in  1680  Mr.  George  Meldrum, 
minister  of  Glass,  afterwards  laird  of  Crombie  Marnoch,  and  Mary,  who 
married  in  1684  Dr.  Andrew  Fraser,  Physician,  Inverness,  and,  in  1710, 
Thomas  Tulloch  of  Tannachy,  Morayshire.  His  wife  died  c.  1694,  and 
he  c.  1700.  Both  are  buried  in  Mortlach.  Additional  interesting 
information  regarding  Keithmore  and  other  Duffs  will  be  found  in  the 
"  Book  of  the  Duffs,"  by  A.  &  H.  Tayler,  1914. 

The  following  Sasine  Minutes,  besides  shewing  the  accummulation 
of  the  Duff  estates  by  Alexander  of  Keithmore,  elucidate  the  family 
relationships. 

24  August,  1657. — Seasing  given  to  Alexander  Duff  off  Succoth 
and  Helen  Grant  his  spouse,  of  the  landes  of  Letoch  and  Auldauch- 
laggan,  with  the  pertinents. 

November,  1657. — Seasing  given  to  Alexr.  Duff  of  Sockach  of  the 
third  part  landes  of  Belcherie  called  the  Sockach,  and  four  oxgate 
landes  of  Lesmurdie  next  adjacent,  with  the  pertinents. 

18  June,  1658. — Seasing  given  to  Alexr.  Grant  of  Allochie  of  the 
landes  of  Belmareon. 

26  Apryell,  1660. — Seasing  given  to  Alexr.  Grant  off  Allochie  off 
the  toune  and  landes  off  Sheanlachie. 

26  Apryell,  1660. — Seaseing  given  to  Allex1"  Duff  off  Letoche  of  the 
toune  and  landes  of  Pittivaich,  Fittie,  brewhouse  yrof,  milne  of  Pitti- 
vaich,  milne  landes  yrof,  and  landes  of  Shean  [lachie.] 


4o 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


16  Agust,  1663. — Seasing  Alexr  Grant  of  Allachie  and  his  spouse  of 
the  lands  of  Allachie,  and  salmond  fishings  yrof. 

4  Aprill,  1666. — Seasing  Alexr.  Duff  off  Letach  off  the  tuo  oxgaitte 
toune  and  lands  of  Eister  Mederclunie  teynd  sheaves  theroff,  with  ye 
pertinents. 

5th  Nov.,  1672. — Saising  given  to  Alex1"  Grant  of  Allochie,  and 
Margaret  Grant  his  spous,  in  conjunct  fie  and  lyverent  the  longest 
liver  of  them  tuo,  and  to  Alexr  Duff,  eldest  law"  sone  of  Alexr  Duff 
of  Lettoch,  in  fie  of  all  and  haill  the  toune  and  lands  of  Midd  and 
Wester  Rochromc,  with  the  multurs. 

6th  May,  1673. — Saseing  Alexr  Duff  of  Keithmoir  in  lyverent,  and 
Alexr  Duff,  his  eldest  law11  sone,  in  fie  of  all  and  haill  the  half  dahaughe 
toune  and  lands  of  Bellihack  and  pendicle  yroff  callit  Lynemoir. 

18  Junii,  1674.— Saiseing  given  to  Alexr  Duff  of  Lettoch,  and 
Hellen  Grant  his  spouse,  in  liverent  of  all  and  haill  the  toune  and 
lands  of  Lettoch  and  Auldachlagan. 

18  Junii,  1674. — Saiseing  given  to  Alexr  Grant  of  Allachie,  and 
Margret  Grant  his  spouse  in  lyverent,  and  Alexr  Duff  ther  nephew,  in 
fie  of  all  and  haill  the  toune  and  lands  of  Middel  and  Eister  Buchrome. 

18  Jully,  1676.— Saiseing  given  to  Margrat  Duff,  eldest  law" 
daughter  to  Alexr  Duff  of  Letach,  in  all  and  haill  the  tounes  and 
lands  of  Auchorachcn  and  Auchhreck,  with  the  pertinents. 

i  Agust,  1677.— Saiseing  given  to  Alexr  Duff  of  Succoch  and  his 
sone  in  fie  of  all  and  haill  the  toune  and  lands  of  Lynemoir,  Delachame 
and  uyrs. 

8  Junii,  1678.— Resignatione  granted  be  Alexr  Duff,  elder  and  yor. 
off  Keithmoir,  off  the  halfe  dawache  of  Belliehack  and  Lynmoir  and 
uyrs,  with  the  pertinents,  in  favours  of  Adam  Duff  of  Drumuyr. 

17  September,    1678.— Saiseing     given    to    Alex'    Duff, "elder,   of 
Lettoch,  and  to  his  sone  in  fie  upon  the  toune  and  lands  of  Ferm- 
toune  and  uyrs. 

22  October,  1678.— Saising  given  to  Alex1'  Duff  of  Lettoch  and  his 
spouse  in  lyverent,  and  there  sone  in  fie  all  and  haill  the  lands  of 
Medderclunie,  Meddercluniebeeg,  and  eight  oxingaite  of  Millntoune  of 
Balhvenie. 

18  Septr.,  1679.— Saisine  given  to  Alexr  Duff  of  Letoch  of  all  and 
haill  the  toune  and  lands  of  Keithmore,  millne  of  Auchindoune  and 
milltoune  yrof,  wl  the  pertinents. 


BARONS    AND    FREEHOLDERS.  4! 

19  Septr.,  1679. — Saisine  given  to   Helen   Grant,  spouse  to  Alexr 
Duff  of   Letoch,  of  all  and   haill  the  half  davach   lands  of    Leachie, 
with  the  pertinents  in  warrandice. 

6  Febry.,  1680. — Saisine  given  to  Jean  Duff,  second  law11  daughter 
to  Alexr  Duff  of  Keithmore,  in  liferent  and  conjunct  fie  dureing  all  the 
dayes  of  her  lifetyme,  of  all  and  haill  the  toune  and  lands  of  Reidfoord. 

3  Appryle,  1683. — Saisine  given  to  Alexr  Duff  of  Keithmoir,  and 
Alexr  Duff  of  Bracco,  his  eldest  law"  son,  of  all  and  haill  the  davach 
lands  of  Turtrie,  with  the  lands  of  Coldhome  and  Idintor,  all  and  haill 
the  lands  and  lordship  of  Balvenie,  with  the  toure  fortalice  and  maner 
place  yrof,  millnes  and  millne  and  millne  lands,  w1.  the  pertinents. 

Last  December,  1687. — Backhand  William  Duff  of  Diple,  in  favours 
of  Alexander  Duff  of  Bracco,  about  the  reversione  of  the  lands  of 
Keithmore  and  Cluniebeg,  and  pertinents  thereof. 

Last  August,  1688. — Alexr  Duff  of  Keithmoir  of  ane  yearly  ((Trent  of 
300  merks  out  of  the  lands  of  Edinglassie  and  Invermurkie,  and 
pertinents  therof. 

27  May,  1692. — Renunciatione  Alexander  Duff  of  Keithmoir  in 
favours  of  his  Gr.  the  Duke  of  Gordon,  of  the  lands  of  Keithmoir,  and 
mylne  and  mylnetoune  of  Auchindoune,  and  lands  of  Cluniebeg  and 
Shenwall,  w1.  yr.  pertinents. 

First  Junii,  1692. — Saising  Patrick  Duff,  sone  to  Alexander  Duff 
of  Keithmore,  of  ane  yeirly  ((Trent  of  120  libs,  out  of  the  lands  of 
Muries  and  Coldhames,  w'  yr.  pertinents. 

JOASS    OF    COLLEONARD. 

At  the  Pasch  Court  of  1676,  appears  for  the  first  time  the  entry : — 
"  Mr.  William  Joass,  for  his  lands  of  Collynwart,  Paddocklaw,  Dennheid 
and  Whyttutie."  Mr.  Joass,  gospeller  in  Alvah,  and  his  family  are 
referred  to  in  Dr.  Cramond's  "  Annals  of  Banff,"  and  in  the  Editor's 
"  Seafield  Correspondence." 

20  September,  1662. — Seasing  Thomas  Joiss  of  Cullynvart   of  ye 
kirktoune  and  kirklands  of  Inverboyndie. 

27  Jary.,  1663. — Seasing  Thomas  Joiss  of  Culynwart  of  ye  tonne 
and  lands  of  Easter  Cullynvart. 

25  Junii,  1663. — Seasing  Thomas  Joiss  of  Cullynwart  of  ye  toun 
and  lands  of  Bogheid  and  Bogland  Croft. 

F 


42  RECORDS  OF  THE  COUNTY  OF  BANFF. 

4  Junii,  1664. — Seasing  Thomas  Joiss  of  Cullynwart  of  and  upon 
the  toune  and  lands  of  Wester  Cullynwart. 

28  July,  1664. — Seasing  Thomas  Joiss  of  Cullynvart  of  the  toune 
and  lands  of  kirktoune  of  Inverboyndie,  w*  ye  myln  and  myln  croft. 

20  January,  1666. — Seasing  Mr.  William  Joiss,  preacher  of  the 
gospell  at  the  Eastferrie,  of  the  kirktoun  and  kirklands  of  Inverboyndie, 
myln  of  Boyndie. 

20  January,  1666. — Seasing  the  sd  Mr.  Wm.  Joiss  of  the  toune 
and  lands  of  Wester  Cullynvart. 

20  January,  1666. — Seasing  the  sd  Mr  Wm  Joiss  of  yt  pt  and 
portione  of  the  lands  of  Dahaughe  of  Banff,  called  the  neyr  Dahaughe, 
and  yt  pt  and  portione  of  the  lands  of  over  Dahaughe  called  neyr 
Lochlaverock,  and  yt  pendicle  of  ye  sd  Dahaughe  called  Peperfold  as 
prin1  lands,  and  in  speciall  wandice  all  and  haill  that  three  eighte 
pairts  of  three  nctts  salmond  nsheing  of  ye  water  of  overrack  on  ye 
water  or  river  of  Doverne,  w1  the  priveledge  of  nsheing  be  coable  and 
nett  laying  and  dames  and  maintinance  yrof. 

20  January,  1666. — Seasing  the  sd  Mr  Wm  Joiss  of  ye  toune  and 
lands  of  Boighead  and  Boigland  yroff. 

20  January,  1666. — Seasing  the  sd  Wm  Joiss  of  the  toune  and  lands 
of  Wester  Cullynvart. 

22  Junii,  1667. — Saising  Mr  William  Joiss  off  Collynvart  off  and 
upon  the  tonnes  and  lands  of  Pydeocklaw,  and  ane  croft  of  land 
appertaincing  to  the  toune  and  lands  of  Culbeuchlie  and  uthers,  with 
the  pertinents. 

5th  Agust,  1669. — Saising  Mr.  William  Joasse  of  Collynvart  off  all 
and  haill  the  toune  and  lands  off  Culbeuchlye,  with  the  pertinents. 

28  Merch,  1673. — Backbond  containing  reversione  of  the  toune  and 
lands  off  Eister  and  Wester  Collynwarts,  Paddocklawes,  Eister  and 
Wester  Culbeuchlies,  Denhead  and  Whytoutie  granted  be  Mr  William 
Joasse  of  Collynvart  in  favors  of  James  Earle  off  Findlater. 

8  August,  1673. — Saising  Mr.  Wm.  Joass  off  Collynvart  off  all  and 
haill  the  toune  and  lands  off  Eister  and  Wester  Collynvarts,  Poddock- 
lawes,  Easter  and  Wester  Culbeuchlies,  Denhead  and  Whytoutie, 
with  the  pertinents. 


BARONS   AND  FREEHOLDERS.  43 

To  the  Roll  of  the  Michaelmas  Court  of  1678  there  were  added — 
Alexr.  Gordon  off  Glengarrock  ffor  the  lands  thereoff. 
Alex1".  Gordon  of  Arrdoull  for  his  lands  of  Maislie   Haughes  and 

fforgie. 

Mr.  Alexr.  Ker  for  his  lands  of  Knock. 
John  Innes  off  Edingeith  ffor  the  lands  yroff. 
The  Laird  of  Kinminitie  for  the  lands  [yroff.] 
Collen  Campbell  off  Moncoffer  ffor  his  lands  of  Inverichnie. 
Collonell  John  Innes  off  Lichnet  for  the  lands  yroff. 

THE  GORDONS  OF  GLENGERACK. 

Glengerack,  in  the  parish  of  Keith,  was  long  a  Gordon  possession. 
Captain  Adam  Gordon  appears  as  laird  in  1640 ;  and  a  slip  of  Jean 
Gordon,  Lady  Altar  [Altyre] ,  bulks  largely  in  the  Presbytery  Records 
of  Strathbogie  of  1647.  In  1667,  we  have  seen  that  laird  Alexander 
Gordon  broke  up  the  band  of  highland  marauders  under  Patrick  Roy, 
who  "held  up"  the  town  of  Keith.  A  Sasine  Minute  of  2nd  August, 
1670,  shows  that  his  wife  was  Katherine  Brodie.  He  was  succeeded  by 
his  son  Charles,  who  was  served  heir  on  2gth  November,  1692.  Charles 
married  Margaret,  eldest  daughter  of  Alexander  Duff  of  Bracco. 

23  Maij,  1659. — Renunciatione  and  grant  of  redemption,  Gordones 
of  the  landes  of  Glengerack,  and  pairt  of  the  landes  off 
Auchinhuff. 

7th  December,  1666. — Saising  Alexr  Gordone  off  Glengarock  off  all 
and  haill  the  toune  and  lands  off  Glengarock,  the  toune  and  lands  of 
over  and  neither  Auchinhuiffs  and  uyrs,  with  their  pertinents. 

2nd  August,  1670. — Sasing  given  to  Alexr  Gordone  off  Glengarock 
off  all  and  haill  the  .  .  .  comprehending  yrin  the  toune  and  lands  of 
Nether  Kinminity,  callit  the  Overseat  of  Nether  Kinminity.  .  .  . 

29  Jary.,  1676. — Saiseing  given  to  Alexr  Gordon  of  Glengarack  of 
all  and  haill  the  toune  and  lands  of  Littell  Kinmintie,  and  over  millne 
of  Strathillae,  with  the  pertinents. 

Last  May,  1693. — Saising  Charles  Gordon  of  Glengerack  of  the 
lands  and  baronie  of  Glengerack  .  .  .  upon  a  precept  out  of  the 
chancellarie. 

Ult.  Decer.,  1694. — Saising  Margaret  Duff,  eldest  law"  daur.  to 
Alexander  Duff  of  Bracco,  spouse  to  Charles  Gordone  of  Glengerack,  of 
the  lands  of  Over  and  Nether  Achinhooves,  Berrieleys,  and  Ealhouse 


44  RECORDS   Of   THE    COtJNtY    OF    BANFF. 

croft,  and  of  the  lands  of  Glengerack,  maner  place,  and  of  the  lands  of 
Newmylne,  Nether  Kinminitie,  and  mylne  of  Strathila,  called  over 
mylne,  and  multures  yrof,  etc. 

THE  GORDONS  OF  AKKADOUL. 

15  Der.,  1664. — Scasing  Alexr  Gordon  of  Arradoull  of  ye  tounes 
and  lands  of  Arradoull,  extending  to  eight  oxegate  land. 

27  Apryll,  1665. — Seasing  Alexr  Gordone  of  Arradoull  of  the  toune 
and  lands  of  Arradoull. 

24  Septcr.,  1675. — Saiseing  given  to  Alexr  Gordon  of  Arodouell,  and 

King  his  spouse,  the  longest  liver  of  them  two  in  conjunct 

tie,  of  all  and  haill  the  toune  and  lands  off  Maislie,  the  lands  of  Haugh 

of  Strathilla,  the  tovvnc  and  lands  of  Coldhame,  Boigloigie,  Muirefauld, 

Clerkseat,  Auchindarrin  and  Garrowood,  with  the  pertinents. 

27  November,  1677. — Saiseing  given  to  George  and  James  Gordons, 
sones  law"  to  Alex'  Gordon  of  Arradoul,  and  Helen  Ross,  daughter  to 
James  Ross  of  Allanbuie,  in  lyverent  off  ane  yearlie  (g  rent  of  sex 
hundreth  merks  moey,  to  be  uplifted  ffurth  of  the  lands  of  Haugh  and 
fforgie  and  uyrs. 

On  i8th  October,  1692,  George  Gordon  was  served  heir  to  his  father 
Alexander  on  the  estates  of  Haughes  of  Killesmont  and  Messlie. 

ist  ffebry,  1694. — Saising  George  Gordon  of  Arradoull  of  the  lands 
of  Arradoull,  extending  to  eight  oxgate  of  land,  with  the  pertinents. 

Saising  George  Gordon  of  Arradoull  of  the  lands  and  maner  place  of 
Haughes,  and  lands  of  fforgie  and  Meslie,  with  yr  pertinents,  upon  a 
precept  out  of  the  chancellarie. 

Saising  Jean  Grantt,  spouse  to  George  Gordon  of  Arradoull,  in 
lyfrent  of  the  lands  and  maner  place  of  Aradoul  and  pertinents. 

MR.  ALEXR.  KER. 

The  Revd  Alexander  Ker,1  M.A.,  graduated  at  King's  College  Aber- 
deen, in  1647.  He  was  ordained  minister  of  Grange  in  1652.  He  died 
in  1693.  His  second  wife  died  in  May,  1728. 

29  May,  1659.— Seasing  Mr.  Alexr  Ker,  minister  at  Grange,  of  the 
landes  of  Knock  as  prin",  and  landes  of  Cranoches  in  spetiall  warrandice 
yroff. 

'See  Dr.  Cramond's  "Church  of  Grange,"  pp.  10-61  ;  and  Editor's  "  Banffshire  During 
the  Revolution  of  1689,"  in  the  Banflshire  Field  Club  Transactions  of  1906. 


BARONS   AND   FREEHOLDERS.  45 

29  May,  1659. — Seasing  Anna  Gordone,  spous  to  Mr.  Alex1"  Ker, 
minister  at  Grange,  of  the  landes  of  Thornetoune  and  Drumnaker  in 
Knock. 

29  Septer,  1674. — Saiseing  given  to  Mr.  Alex'  Ker,  minister  at  Grange, 
off  all  and  haill  twentie  oxgaite  lands  of  Strathillae,  called  Ester  and 
Wester  Knocks,  and  of  the  lands  of  south  and  north  Cranochs,  Millne 
of  Cranach  and  sicklyk  to  the  said  Mr.  Alex1'  Ker  and  Jessie  Burnet  his 
spouse,  the  longest  liver  of  them  two  in  conjunct  ne  and  liverent  of 
seven  oxgaite  lands  off  Knock  possessed  be  Andrew  Craib,  and  two 
oxgaite  possessed  be  Thomas  Hendersone. 

18  Jary,  1681. — Saisine  given  to  Mr.  John,  Andrew,  James,  and 
Patrick  Kerrs,  law"  sons  to  Mr.  Alcxr.  Kerr,  minist.  at  Graing,  and  to 
Issobell,  Kathren,  Bessie,  and  Helen  Kerrs,  law11  daughters  to  the  sd 
Mr.  Alexr  Kerr,  of  all  and  haill  the  rexive  yearlie  (a  rents  (vz)  to  the  sd 
Mr  John  ane  yearlie  («,rent  of  fourtie  punds  Scots  moey,  to  be  uplifted 
furth  of  the  10  oxgate  lands  of  Knock  of  Strathylla  called  Wester  Knock, 
Easter  Knock  and  Knockboig,  w'  the  pertinents,  and  also  to  the  sds 
Andrew,  James,  and  Pat.  Kerrs  of  all  and  haill  ane  yearlie  (<trent  of  sex 
score  punds  moey,  to  be  uplifted  and  taken  furth  of  all  and  haill  the 
four  oxgait  lands  of  Janet  Skaikells,  and  Craib,  and  forth  of  all 

and  haill  the  sd  sevin  oxgait  lands  of  the  toune  and  lands  of  Knock  \vl 
the  pertinents  and  sicklyke  to  the  sd  Issobell,  Kathrin,  Bessie  and  Helen 
Kerrs  of  all  and  haill  ane  yearlie  @rent  of  ane  hundreth  and  four  score 
punds  moey,  to  be  uplifted  and  taken  furth  of  all  and  haill  the  twentie 
tuo  oxgait  lands  of  Strathilla,  called  Wester  Knock,  Easter  Knock  and 
Knockboig,  with  the  pertinents. 

INNES  OF  EDINGIGHT. 

20  Nor.,  1663. — Seasing  Jon  Ifies  of  Edingeyth  of  ane  full  right  to 
reversione  of  ye  lands  of  Edingeyth,  Boig,  Wester  Croylett,  and  uyrs. 

20  Nor.,  1663. — Seasing  Jon  Innes  of  Edingeyth  of  ye  third  p'  lands 
of  Wester  Croyletts.  .  .  . 

20  Nor.,  1663. — Seasing  Isobcll  Hamilton,  now  spous  to  Jon  Innes 
of  Edingeyth,  of  ane  yeirlie  @rent  of  two  hundreth  and  fourtie  punds 
scots  moey  yearlie  to  be  uplifted  furth  of  anie  pt  of  ye  lands  of  Edin- 
geyth and  uyrs. 


46  RECORDS  OF  THE  COUNTY  OF  BANFF. 

first  December,  1663. — Seasing  Wm  Innes,  portioner  of  Balnamoone, 
of  yt  pt  of  ye  lands  of  Edingeyth,  called  ye  east  syde  of  ye  Westertoun 
of  Edingeyth  and  uyrs. 

first  December,  1663. — Renunciation  of  yt  pt  of  ye  lands  of  Edin- 
geyth, called  the  east  syde  of  the  Westertoun  of  Edingeyth  and  uyrs, 
granted  be  Wn)  Innes,  portioner  of  Balnamoon,  to  Jon  Innes  of 
Edingeyth. 

12  Appryll,  1679. — Saisine  given  to  John  Innes  of  Edingeith  of  all 
and  haill  the  two  oxgait  toune  and  lands  of  New  Fortrie,  otherwayes 
called  New  Crannoch,  w'  the  pertinents. 

17  August,  1691.— Saising  John  Innes,  yor  of  Edingeith,  and  Helen 
Strachan  his  spouse  in  lyferent  of  the  two  oxgate  lands  of  New  Fortrie, 
the  lands  of  Mostoune,  Wester  Croylet,  Nether  Boige,  Over  Boge  and 
others,  with  yr  pertinents. 

COLONEL  JOHN  INNES. 

James  Innes  of  Lichnet,  Gamrie,  father  of  Colonel  John  Innes,  was 
second  son  of  Sir  Robert  Innes  of  Innes,  who  was  created  a  baronet  of 
Nova  Scotia  by  Charles  I.,  on  2gth  May,  1625. 

July,  1662. — Renuncia°ne  granted  be  Peter  Meldrum,  sometym  of 
Lichnet,  to  James  Innes  of  Lichnett,  of  ye  toune  and  lands  of  Lichnett, 
wl  the  fish  botts. 

22  Agust,  1662. — Renunciu"ne  of  the  toune  and  lands  of  Lichnett, 
wl  yu  toure  and  fortalice,  myln  and  myln  lands  yrof,  and  fishbot  granted 
be  Sr  Rob  Farqr  of  Munie(?)  to  James  Innes  of  Lichnett. 

3  Junij,  1669. — Renuncia°n  and  grant  of  redemption  off  all  and 
haill  the  toune  and  lands  off  Lightnett,  made  and  granted  be  Wm 
Ogilvie,  younger  of  Bachlaw,  to  and  in  favors  off  Colonell  Johne  Innes 
off  Dippell. 

25  August,  1669.— Saising  Collonell  Johne  Innes  of  Dippell,  and 
Jean  Campbell  his  spous,  off  all  and  haill  the  toune  and  lands  of  Light- 
nett, with  the  pertinents. 

In  the  Michaelmas  roll  of  1679  appear  Maister  Thomas  Messer  for 
the  lands  of  Todlaw  in  the  parish  of  Forglen,  and  George  Keith  for  the 
lands  of  Northfeild. 


COMMISSIONERS  OF  THE  SHIRE.  47 

KEITH  OF  NORTHFIELD  (CADET  OF  THE  EARLS  MARISCHAL.) 

2nd  December,  1690. — Saising  George,  Earle  Marischall,  etc.,  of  the 
lands  of  Northfield,  Greinley,  woods  and  fishings,  with  their  pertinents. 

2nd  December,  1690. — Saising  Alexr  Keith,  eldest  sone  to  George 
Keith  of  Northfield  of  the  lands  of  Northfield,  Whytefield,  Greinley  and 
others,  with  their  pertinents. 

17  January,  1693. — Saising  Sophia  Fraser,  eldest  law11  daughter  to 
John  Fraser  of  Menisey,  now  spouse  to  Alexander  Keith  of  Northfield, 
in  lyfrent  of  the  Mayns  of  Northfield,  and  lands  of  Whytfield  and 
Ravelsden,  with  yr  pertinents. 

In  the  Pasch  roll  of  1680  appears  Arthur  Forbes  for  the  lands  of 
Turtries.  In  the  succeeding  Michaelmas  roll  the  successors  of  Viscount 
Frendraught  drop  out,  and  there  appears  instead  George  Morison  of 
Boigny  for  the  lands  of  Convoy.  To  the  Pasch  roll  of  1681  is  added 
John  Ramsay  of  Melross  for  the  lands  of  Melross,  Gamrie. 

ELECTION  OF  SIR  PATRICK  OGILVIE  AND  SIR  GEORGE  CORDON- 
AS  COMMISSIONERS  OF  THE  SHIRE. 

In  the  following  Minute,  narrating  the  election  of  Commissioners 
of  the  Shire  for  the  Scots  Parliament  that  assembled  in  1681  we  find 
for  the  first  time  a  stipulation  made  that  the  members  elected  should 
serve  the  County  gratuitously.  We  also  find  a  question  of  privilege 
emerging  in  the  complaint  against  the  greater  Barons,  Lords  Huntly 
and  Banff,  because  of  their  interference  with  and  presence  at  the  election. 

ATT  and  within  the  tolbooth  of  the  Burgh  of  Banff  the  seventh 
day  off  Jully,  Iajvi&  and  eightie  ane  yeares,  being  the  day 
appointed  for  the  Barrones  and  Freeholderes  weithin  the 
Shereffdom  off  Banff  ther  choysing  and  electing  Cofnres  for 
attending  this  ensueing  Parllat. 

The  whilk  day  the  Barrones  and  Freeholderes  of  the  sd  Sherreffdome 
being  conveined  in  obedience  to  his  Mtles  proclamatione  for  electing 
and  choosing  CoiTires  to  attend  the  Parllat  to  be  held  att  Edr,  the 
twentie  eight  day  of  Jully  instant,  as  the  said  proclamatione  of  the 
daite  at  Edr  the  day  of  Junij  last  bypast,  and  proclaimed 

att  the  Mercatt  Croce  of  Banff  upon  the  twentie  third  day  of  the  said 
month  of  Junij  in  themselves  proports :  Theirfor,  and  in  obedience 
theirunto,  the  saids  Barrones  did  elect,  nominate  and  choose,  and  be 


48  RECORDS   OF   THE    COUNTY   OF    BANFF. 

thir  pnts,  elects,  nominates  and  chooses  Sir  Patrick  Ogilvye  of  Boynd, 
Knight,  and  George  Gordoune  off  Edinglassie  Comres  for  the  said 
Sherreffdome  of  Banff,  to  attend  the  said  meeting  Parllat  the  said  day 
and  place  with  full  power  to  them  to  sitt,  treate  and  voice,  and  to  act 
and  doe  everie  thing  els  for  promoving  of  his  Mties  interest,  and 
tending  to  the  good  of  this  his  ancient  kingdome  als  freelie,  fullie  and 
ainplie  in  all  respects  as  an}-  other  Coiiires  from  any  of  the  shyres  of 
this  kingdome  shall  do.  [Follows  in  different  script]  : — The  said  day 
the  above  wrifi  proclamatione  puhlickly  read  and  ordained  the  samen 
to  be  keeped  in  retentis,  and  the  Shreff  declaired  that  the  act  made  ffor 
the  choiseing  off  Comissioners  is  declaired  \\oid,  and  ordaines  the 
Comissioners  to  be  chosen  at  each  Michaelmas  Court  in  tyme  comeing 
yearlie,  and  the  Comissioners  and  Barrens  ordained  the  Laird  of  Auch- 
medden  to  be  prcses,  who  protested  that  there  piit  nominatione  shold 
be  without  prejudice  off  his  office  of  Shireffship.  The  said  day  the 
haill  Barrens  declaired  the  persons  chosen  as  Comissioners  ffor  this 
present  Parliament  out  of  gratuitye  to  the  Shyre  are  hereby  to  serve  the 
Shyre  and  contry  gratis,  to  the  qch  the  Commissioners  aquieses  out  of 
the  consideratione  off  the  burden  off  the  Shyre,  and  appoynts  two  to  be 
chosen  ;  and  Boync  protested  ffor  reelectione  since  seall  persones  wotted 
who  hade  not  right  to  wott  nor  wes  not  infeft,  and  some  by  proxies,  and 
for  seall  uyr  irregularities  in  the  sd  electione,  and  Auchmedden,  as 
preses,  gave  his  wotte  ffor  the  Laird  of  Boynd.  The  Laird  of  Park 
protested  that  there  wes  wotts  admitted  in  Boyns  favour  who  were  not 
to  wotte,  qch  he  protested  agt.,  and  lykwayes  ffor  infformality  and 
of  those  who  ought  not  bein  elected,  2d  that  Boynd  and 
Auchmedden  did  declyne  there  in  meitteing  ;  and  being  carried  ffor  Park, 
Boynd  and  Auchmedden  gave  there  wotts  ffor  each  uyrs,  and  the  lairds 
of  Park  and  Boynd  being  off  equall  wotts  the  Shreff  decyded  the  samen 
in  ffavoures  off  Boynd  by  his  wotte,  and  Edinglassie  wes  thirtein  wotts ; 
as  also  Boynd  ffurther  protested  beffor  the  electione  and  efter  ffor 
reelectione,  because  there  were  seall  persones  qch  ought  not  to  be 
present,  such  as  ye  Marqueis  off  Huntlie  and  Lord  Banff,  who  being 
both  desyred  publickly  and  privatly  to  remove  refused,  who  wes 
declaired  to  have  importuned  seall  of  the  Barrens  ffor  byessed  woices, 
and  to  have  imposed  upon  soume  to  absent  themselves  being  present  in 
the  towne,  wch  is  declaired  to  be  res  gesta  by  J.  A.  BAIRD,  Sheriff,  Preses, 


BARONS  AND  FREEHOLDERS.  49 

ALEXANDER  DUFF  OF  BRACCO. 

At  the  Michaelmas  Court  of  1681,  after  "Alexander  Duff,  for  the 
lands  of  Lettach  and  Auldachlagan,"  is  enrolled  "  Allexr  Duff  ffor  the 
lands  of  Bracco."  Alexander  Duff  of  Bracco  was  eldest  son  of 
Alexander  Duff  of  Keithmore.  He  was  born  in  1650,  and  married 
Margaret  Gordon,  daughter  of  Sir  William  Gordon  of  Lesmore,  probably 
c.  September,  1678,  and  had  one  son,  William,  who  succeeded  him,  and 
three  daughters,  Margaret,  who  married  Charles  Gordon  of  Glengerack, 
Helen,  who  married  William  Gordon  of  Farskane,  and  Mary,  who 
married  Alexander  Abercrombie  of  Tullibodie.  Bracco  was  educated  as 
a  lawyer,  and  practised  for  some  time  in  Edinburgh  as  a  law  agent. 
He  returned  to  Banffshire  c.  1677,  and  continued  his  father  Keithmore's 
policy  of  purchasing  land  in  the  county.  After  acquiring  on  his  own 
account  and  inheriting  from  his  father  many  estates  in  the  parishes  of 
Mortlach,  Aberlour,  Keith,  and  Grange  where  Bracco  is  situated,  etc., 
he  acquired  c.  1700  the  extensive  estate  surrounding  Duff  House,  be- 
longing to  the  Earl  of  Airlie.  He  died  on  igth  December  1705.  The 
following  sasine  rights  show  the  continued  upbuilding  of  the  Fife 
estates. 

24  September,  1678. — Saising  given  to  Margrat  Gordon,  spouse  to 
Alex1"    Duff,    younger    off    Lettoch,    in    lyverent    upon    the    lands    off 
Bracco,  Neyr  mill  off   Strathillay,   the    lands    of    Millegin,   ffermetoun 
Garrowod  and  Alehouse  croft  in  Neyr  mill. 

25  March,  1679. — Saisine  given  to  Alex1  Duff  of  Bracco  of  and  upon 
the  fyve  oxgaite  and  halfe  oxgait  land  of  the  easier  and  wester  ploughs 
of  Milligne,  sometym  belonging  to  George  or  Adam  fforsyths,  with  the 
pertinents. 

26  March,  1679. — Saisine  given  to  George  Geddes1  in  Neyr  millne  of 
Strathilla  and  Alexr  Duff  of  Bracco,  of  and  upon  tuo  oxgait  of  lands  of 
Garrowwood,  and  yt  pt  and  portione  of  the  lands  of  Bracco  called  the 
Blackrink  with   the  bear  haughs,  togidder  with  ye  teynd  shaves  yrof 
in  warrandice. 

31  Nover,  1680. — Saising  given  to  Alexr  Duff  of  Bracco  of  all  and 
haill  the  eight  oxgait  lands  of  the  davach  of  Meillign,  wl  the  maner 
place  yrof  and  pertinents. 

31  Octr.,  1682. — Saisine  given  to  Alex'  Duff  of  Bracco  of  all  and 
haill  the  tounes  and  lands  comonlie  called  the  tounes  and  lands  of 

1  George  Geddes  married  Margaret,  eldest  daughter  of  Adam  Duff  of  Clunybeg,  aunt  of 
Bracco. 


50  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Drummuir,  with  the  maner  place,  half  davach  lands  of  Towie,  maner 
place,  maines  and  millne  yrof,  wl  the  pertinents. 

18  Deer,  1683. — Saisine  to  Alexr  Duff  of  Bracco  of  all  and  haill  the 
sunny  half  davach  lands  of  Neyrthird. 

14  Septer,  1684. — Saisine  given  to  Alexr  Duff  of  Bracco  of  all  and 
haill  the  toune  and  lands  of  Pethnick,  w<  the  pertinents. 

29  November,  1684. — Saising  Alexr  Duff  of  Bracco  of  the  cornmylne 
of  Rallvenie  and  pertinents  thereof. 

Last  December,  1687. — Backhand  William  Duff  of  Diple  in  favours 
of  Alexander  Duff  of  Bracco,  about  the  rcversione  of  the  lands  of  Keith- 
more  and  Cluniebcg  and  pertinents  therof. 

20  January,  1688. — Saising  Alexander  Duff  of  Bracco  ot  the  lands  of 
Seggiecrook  and  pertinents  thereof. 

21  December,  1688. — Saising  Alexr  Duff  of  Bracco  of  the  lands  of 
Floores,  and  in  the  (Srent  of  the  prin"  soume  of  500  merks  out  of  old 
Cranach  and  pertinents. 

15  August,  1692.— Alexander  Duff  of  Bracco  of  the  lands  of  ffloores 
and  shadow  half  lands  of  Newmvlne  of  Boynd,  and  two  crofts  called 
Lautiescroft,  and  the  two  mylnes  of  the  forrest  of  Boynd  called  the 
Newmilns,  and  others,  with  their  pertinents. 

Last  Jary,  1693.— Alexr  Duff  of  Bracco  of  the  lands  of  Nether 
Dalachie,  Lochlaverick  and  Peperfauld  as  prin11  and  salmond  fishing  on 
Doveran  in  warrandice  yrof,  and  of  the  lands  of  Craighead  and  Keave 
with  the  salmond  fishing  belonging  yrto,  and  yr  pertinents. 

Ult.  Decer,  1694. — Saising  Margaret  Duff,  eldest  daur  to  Alexander 
Duff  of  Bracco,  spouse  to  Charles  Gordone  of  Glengerack,  of  the  lands 
of  over  and  nether  Achinhooves,  Berrieleys,  and  Ealhouse  croft,  and 
of  the  lands  of  Glengerack,  etc. 

i8th  May,  1695.— Saising  Alexander  Duff  of  Bracco  of  the  lands  and 
baronie  of  Edinglassie,  teynds  and  pertinents  yrof,  and  lands  of  meikle 
Dumeath,  comprehending  Auchinhandock,  Leylands,  little  Dumeath, 
mylne  yrof  and  multurs  ...  in  warrandice  ...  to  the  sd 
Alexr  Duff  of  the  soume  of  nyntein  thousand  merks. 

Last  of  Nor.,  1695. — Instrument  of  resigna°ne  in  favours  of 
Alexander  Duff  of  Bracco,  upon  a  prorie  granted  by  John  Leslie  of 
Parkbeg,  of  the  lands  of  Parkbeg  in  Mortlich  parish  ...  ad 
remanentiam. 


JOINT   SHERIFFS    PRINCIPAL.  51 

6th  Apryl,  1697. — Saising  Alexr  Duff  of  Bracco  of  ane  @rent  of  ane 
hundreth  and  fyfty  pounds  Scots  yearly  out  of  the  baronie  of  Beldornie, 
Bellchirie,  Gaulls  and  uthers  in  Mortlich  parish,  under  reversion  of 
3750  merks  by  John  Gordon  of  Beldornie ;  of  the  lands  of  litle  Cranno 
and  pertinents  in  Grange  parish,  upon  Alexander  Gordon  of  Crannos 
disposition  ;  item  of  ane  oxgate  lands  of  ffortrie  possest  by  John  Neill  in 
Grange  parish,  on  James  Wilsone  of  Germoches  dispositione  to  Johne 
Neill  and  his  assigna°ne  to  the  said  Alexr  Duff;  item  of  eight  oxgates 
land  of  ffortrie  called  nether  ffortrie,  Oldtoune  and  Burnsyde  in  Grange 
parish,  upon  John  Ruddoch  of  Burnsyde  his  disposition ;  item  of  four 
oxgate  of  ffortrie,  called  Midletoune  in  the  said  parish,  upon  John 
Ruddoch,  elder,  and  John  Ruddoch,  yor.  of  ffortrie  disposition,  and  also 
four  oxgate  of  Outseat  of  ffortrie  called  Mudehall  in  the  sd  parish,  upon 
the  said  last  disposition. 

24  Aprile,  1699. — Seasine  Allexr  Duff  of  Bracco  of  ffour  oxgate  land 
of  Easter  Crannoch,  and  of  ffour  oxgate  lands  of  Overseat  of  ffortrie  and 
of  ane  @rent  out  of  the  lands  of  Achingoule. 

24  April,  1699. — Seasine  Allexr  Duff  of  Bracco  of  the  lands  of 
Haughs  and  fforgie. 

8  May,  1699. — Seasine  Allexr  Duff  of  Bracco  of  the  lands  of  Dey- 
hill,  Barnehill. 

COMMISSION  TO  SIR  JAMES  BAIRD  AND  SIR  GEORGE  GORDON 
AS  JOINT  SHERIFFS  OF  BANFF. 

On  24th  August,  1681,  the  Crown  issued  the  docquet  of  the 
warrant  for  a  gift  of  the  Sheriffship  of  Banff  to  Sir  James  Baird  and 
George  Gordon  of  Edinglassic. '  That  same  year  Edinglassie  was 
knighted. 

ATT  and  within  the  tolbuith  of  the  Burgh  of  Banff,  the 

day  of  ,  Iajvi&  and  eightie  ane  yeares,  in  presence 

of  Sir  James  Baird  of  Auchmedden,  Knight,  Shereff  Prin"  of 
Banffshyre. 

The  whilk  day  compeired  personallie  Sir  George  Gordoune  of  Edin- 
glassie who  produced  ane  comissione  or  patent,  granted  to  him  and  to 
the  said  Sir  James  Baird  of  Auchmedden  by  our  S.  L.  the  Kings  Mtie, 

•S.  P.  Scotland  Warrant  Books,  Vol.  VII.,  i>.  431. 


52  RECORDS  OF  THE  COUNTY  OF  BANFF. 

under  his  Mties  great  seall  of  his  ancient  kingdome  of  Scotland  for 
exercing  of  the  office  of  Shereffship  onlie  within  the  bounds  and  limites 
of  the  Shrefdome  of  Banff:  By  which  comissione  our  said  S.  L.  made, 
constitute,  nominate  and  ordained  the  saids  Sir  James  Baird  of  Auch- 
medden,  and  Sir  George  Gordone  of  Edinglassie,  Conjunct  Sherreffs 
Prinlls  of  the  said  jurisdictione  and  limites  of  the  samen  during  all  the 
dayes  of  their  lyfetyme,  and,  efter  the  deceisse  of  the  said  Sir  James 
Baird,  the  said  Sir  George  alone  and  onlie  Shereff  Prin11  of  the  said 
Shereffdome  of  Banff  during  all  the  dayes  of  his  lyfetyme :  And  gave, 
granted  and  disponcd  to  them  during  the  tyme  forsd  the  said  office  of 
Sherreffship  with  all  fies,  casualities,  emoluments  and  priviledges  theirto 
belonging  and  pertaining,  with  full  power  to  them  of  nominating  and 
constituting  deputes  ane  or  mae,  serjands,  officiares,  pror  fiscalls,  and 
all  uther  mcmberes  of  court  used  and  necessar  theirto  belonging  (the 
clerkes  excepted).  for  which  they  shal  be  answerable,  and  to  act  and  doe 
everie  thing  els  belonging  to  the  said  office  of  Shereffship  als  fullie  and 
amplie  in  all  respects  as  any  Shereff  Prin11  within  any  Shereffdome  of 
the  sd  kingdome  of  Scotland  heirtofor  hath  done  or  shall  doe,  as  the 
said  comissione  of  the  daite  after  spcct  in  itself  bears,  which  the  said 
Sir  George  Gordounc  ordained  to  be  insert  and  regrat  in  the  Shereff 
bookcs  of  Banff,  theirin  to  remaine  to  future  memorie,  and  wheirof  the 
tenor  followes  thus : — Carolus  Dei  gratia  Magnae  Brittaniae,  ffranciae  et 
Hybcrnia;  Rex  Fideique  Defensor  Omnibus  probis  hominibus  suisadquos 
presentes  literae  pervenerint  salutem :  Sciatis  nos  considerantes  Dominum 
Jacobum  Baird  de  Auchmedden  mense  ffebruarii  anno  Domini  millesimo 
sexcentesimo  sexagesimo  quarto  literam  donationis  officii  Principalis 
Vicecomitis  vicecomitatus  de  Banff  a  nobis  obtinuisse  et  ratione 
senectutis  ct  inaptitudinis  dicti  Domini  Jacobi  Nos  per  aliam  donationem 
de  data  vigesimo  primo  die  mensis  Octobris  anno  Domini  millesimo 
sexcentesimo  octuagesimo  constituisse  praefatum  Dominum  Jacobum 
Baird  et  Jacobum  Baird  juniorem  ejus  nlium  conjunctim  in  officio 
Vicecomitis  Principalis  dicti  vicecomitatus  de  Banff  jurisdictionis  et 
limitum  ejusdem  durante  eorum  vitae  dicbus  et  post  decessum  dicti 
Domini  Jacobi  Baird  praefatum  Jacobum  Baird  ejus  nlium  per  semetipsum 
solum  et  unicum  Vicecomitem  Principalem  dicti  vicecomitatus  de  Banff 
modo  in  dicta  donatione  latius  continetur :  ET  Nos  intelligentes  praefatum 
Dominum  Jacobum  Baird  juniorem  nunc  demortuum  esse  et  praefatum 


SHERIFFS    AND   COMMISSIONERS   OF   THE    SHIRE.  53 

Dominum  Jacobum  Baird  senio  affectum  eoq  inaptum  ad  dictum 
officium  et  jurisdictionem  obeundum  ET  Nos  cupientes  dictum  officium 
Vicecomitis  per  personas  idoneos  et  animi  dotibus  praeditos  nostrisq 
subditis  justitiam  administrare  aptos  exercere :  Et  satis  compertum 
habentes  fidelitatem  animi  dotes  et  aptitudinem  dilecti  Nrl  Domini 
Georgii  Gordone  de  Edinglassie  ad  dictum  omcium  obeundum  ejusq 
Nobis  Nostroq  servitio  et  mandatis  constantem  consensum  et  adhesionem : 
Igitur  fecisse  constituisse  nominasse  et  ordinasse  tenoreq  prcsentium 
facere  constituere  nominare  et  ordinare  praefatum  Dominum  Jacobum 
Baird  de  _Auchmedden  presentem  Vicecomitem  Principalem  dicti  vice- 
comitatus  de  Banff  et  dictum  Dominum  Georgium  Gordone  de 
Edinglassie  Conjunctos  Vicecomites  Principals  dictae  jurisdictions  et 
limitum  ejusdem,  duraii  omnibus  eorum  vitae  diebus  et  post  decessum 
dicti  Domini  Jacobi  Baird  praefatum  Dominum  Georgium  solum  et 
unicum  Vicecomitem  Principalem  dicti  vicecomitatus  de  Banff  durafi 
omnibus  suae  vitae  diebus  :  Dando  concedendo  et  disponendo  eis  durafi 
temporc  praedicto  dictum  officium  Vicecomitis  cum  omnibus  faedis 
casualitatibus  emolumentis  et  proventibus  eo  spectaii  et  pertinen :  Cum 
plena  potestate  iis  deputatos  unum  seu  plurcs  serjandos  officiarios 
ffiscalis  procuratores  omniaq  alia  curiae  membra  usitata  et  necessaria 
(demptis  clericis)  pro  quibus  respondere  tenentur  nominandi  et  con- 
stituendi  omnia  alia  et  singula  ad  praedictum  officium  et  jurisdictionem 
pertinen  praestandi  et  exercendi  non  minore  juris  libertate  quam  quicunq 
alius  Vicecomes  Principalis  infra  dictum  rcgnum  Nriii  Scotiac  obivit  et 
functus  est  seu  quorumq  tempore  praetento  exercere  et  obire  potuerat. 
In  cujus  rei  testimonium  piitibus  magnum  sigillum  Nrfn  appendi 
praecepimus  apud  aulam  Nrafii  de  Windsor  Castle  vigesimo  quarto 
die  mensis  Augusti  anno  Domini  millesimo  sexcentesimo  octuagesimo 
primo  regni  nostri  trigesimo  tertio  per  signaturam  S.  L.  N.  Regis 
manu  suprascript  et  sic  a  tergo  subscribitur.  Written  to  the  great 
scale  and  regrat  the  second  day  of  September,  1681,  Jo  Campbell,  Dpt. 
Sealled  att  Edinburgh  the  second  day  of  Scptr.,  1681,  Jo  Cunynghame. 

ELECTION  OF  BOYNE  AND  EDINGLASSIE  AS  COMMISSIONERS 
OF  THE  SHIRE. 

On  the  6th  of  February,  1685,  Charles  II.  died.      A  new  Parlia- 
ment  was    immediately   thereafter    summoned,   and    an   election    for 


54 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Banffshire  took  place.  Four  years  before,  the  Scots  Parliament  had  by 
statute  placed  the  system  of  representation  on  the  footing  it  continued 
to  stand  on,  with  little  alteration,  until  1832.  The  Act  of  1681  enacted 
that  none  should  have  vote  in  the  election  of  Commissioners  for  shires 
or  stewartries  but  those  \vho,  at  the  time,  were  publicly  infeft  in  property 
or  superiority  and  in  possession  of  a  forty  shilling  land  of  old  extent, 
holden  of  the  King  or  Prince,  distinct  from  the  feu-duties  in  feu-lands, 
or,  where  the  said  old  extent  appears  not,  were  infeft  in  lands  liable 
in  public  burden  for  his  Majesty's  supplies  for  four  hundred  pounds  of 
valued  rent,  whether  kirk  lands  holden  of  the  King,  or  other  lands 
holding  feu,  ward,  or  blench  of  his  Majesty  as  King  or  Prince  of 
Scotland.  Apprisers  or  adjudgers  on  expiry  of  the  legal,  proper  wad- 
setters,  apparent  heirs,  liferenters  and  husbands  in  right  of  their  wives' 
freeholds,  or  of  their  own  liferents  by  courtesy,  were  entitled  to  vote. 
Non-residence  was  declared  no  valid  objection  to  a  freeholder.  Free- 
holders were  directed  to  meet  yearly  at  Michaelmas  at  the  head  burgh 
of  the  Shire,  and  make  up  the  roll  of  voters. 

ATT  Banff  the  twentieth  day  of  March,  Iajvi&  and  eighty  fyve 
yeirs. 

The  sd  day  the  Barrens  and  freeholders  being  conweined  for  the 
tyme  in  obedience  to  his  Majties  proclama°nc  att  Whythall  and  Edr., 
the  1 6  and  zoth  days  off  ffebruary  last  bypast,  ffor  choiseing  and  electing 
off  ffitt  persones  to  be  Commrs  ffor  attending  this  pfitt  Parliatt,  and 
haweing  considered  the  act  off  Parliatt  anent  the  electiones  off  Commrs 
to  Parliament  or  Conventione  off  Estaits,  in  the  first  place  the  Barrens 
off  the  Shirreffdome  off  Banff  hawe  elected  and  nominated  Sr  George 
Gordoun  off  Edinglassie  by  unanimous  consent  to  be  the  preses,  and 
lykways  hawe  unanimously  condiscended  that  the  Shirreff  Clerk  shall 
be  clerk  to  ther  meeting. 

The  sd  day  the  Barrens  conweened  att  the  tyme  conform  to  the 
ordour  off  the  act  of  Parliatt  have  taken  the  test  and  subt.  the  samen, 
and  that  befor  the  electione  of  Commrs.  Bracco  off  his  owen  consent 
passes  from  woting  in  respect  he  declynes  to  take  the  test.  Aradoull 
declares  he  is  minor  and  not  in  a  capacitic  to  wote,  and  exclues  himself. 
The  Barons  conweined  ffor  the  tyme,  who  hawe  taken  the  test,  haweing 
listed  Boynd,  Park  and  Edinglassie,  and  any  two  off  them  to  be  Commrs 
ffor  the  Parliament,  haweing  woted  cleirly  and  by  the  pluralitie  off  wots 
Boynd  and  Edinglassie  are  condescended  upon  to  be  the  tuo  Comiiirs 
ffor  the  ensewing  Parliatt,  and  hawe  ordeined  the  clerk  to  extend  and 


COMMISSIONERS   OF    THE    SHIRE,    SHERIFF   COURTS,    ETC.  55 

draw  ample  commissiones  to  the  sds  Commrs  ffor  the  effect  ffbrsd,  and 
appoynts  Achmedden,  Park  and  Kinnardy  to  give  instructions  to  the 
said  Commrs. 

G.  GORDONE,  I. P. 
Jo  GORDON.     D.  GREGORIE.  JHONE  OGILVYE. 

DAVID  CRUIKSHANK.    JA.  BAIRD. 
W.  JOASS.        GEORG  KEITH.  J.  OGILWYE. 

In  the  sederunt  of  the  following  Minute  the  "  Duk  of  Gordon " 
is  partly  superinduced  on  the  old  entry  of  "  Marques  of  Huntly,"  she\\-ing 
that  that  nobleman  had,  about  this  date,  been  advanced  to  the  highest 
rank  in  the  peerage.  Besides  the  usual  record  of  fines  imposed  on  those 
absent,  the  Barons  take  measures  for  equitably  apportioning  the  expense 
of  transporting  prisoners.  They  also  reform  irregularities,  which  had 
seemingly  crept  in,  of  holding  Sheriff  Court  diets  for  civil  and  criminal 
cases  outside  the  County  town  of  Banff,  and  sometimes  with  no  properly 
commissioned  clerk.  The  offence  of  ignoring  the  County  town  as  the 
proper  seat  of  the  Sheriff  Court  continued,  and  engaged  the  attenion  of 
the  Town  Council  of  Banff  in  1700.'  Provost  Stewart  was  then  in- 
structed to  bring  the  grievance  before  Parliament,  and  Bailie  Mark  was 
instructed  to  represent  to  the  Convention  of  Royal  Burghs  the  unfairness 
of  "  abstracteing  of  the  Shirreff  Courts  our  antient  priviledges  from  this 
[Banff]  to  the  Burgh  of  Cullen,  and  the  publict  meettings  of  the  Shyre, 
notwithstanding  of  the  Acts  of  Counsell,  keept  alhvayes  furth  of  the 
place  att  either  Cullen  or  Fordyce." 

In  tribunali  seden  vigesimo  quarto  die  Apprilis  anno  Domini 
millesimo  sexcentesimo  octuagesimo  quinto  quo  die  sectis 
vocatis  Curia  legittime  affirmata. 

The  Minute  after  giving  the  sederunt  continues : — The  said  day  the 
haill  Noblemen,  Barrens  and  uyrs  above  wrin  being  thrysc  called  and 
not  compeireing,  except  the  lairds  of  Park,  Rothiemay,  Kininvie,  Tullich, 
Coleonard,  Melros,  personallie  present,  Killmachlione,  Bognie,  Zeochrie, 
Ballnoone,  present  by  proxies,  were  ilk  ane  of  them  decerned  in  fyftie 
punds  Scots  money  for  defect  of  suite,  and  the  lyk  soume  for  defect  of 
personall  presence :  And  the  Barrens,  takeing  to  there  consideratione 
the  easiest  way  for  transporteing  of  prisoners,  have  thought  it  expedient 
that  the  heritors  of  lands,  amounteing  to  ten  thousand  punds  of  walued 
rent,  be  called  at  each  tyme  when  necessity  requires  and  prisoners  to 

'Dr.  Cramond's  "Annals  of  Banff,"  Vol.  I.,  pp.   170-1. 


56  RECORDS  OF  THE  COUNTY  OF  BANFF. 

convoye,  and  this  fro'm  tyme  to  tyme  proportionate,  and  ordaines  the 
heritors  of  the  upper  pairt  of  the  Shyre  to  be  first  called  to  the  effect 
forsaid,  and  therefter  thorrow  the  rest  of  the  Shyre  per  vices,  and  that  no 
moey  be  exacted  for  that  effect  except  the  absents  fynes,  who  shall  not 
compeir  efter  the}'  are  ceited  to  the  effect  foresd:  And  lykwayes 
ordaines  that  no  Sreff  Courts  be  holden  in  any  pairt  of  the  Shyre  for 
causes  civill,  except  these  to  be  holden  within  the  Brough  of  Banff,  head 
Brugh  of  the  Shrcffdome,  conforme  to  act  of  Parliament ;  and  that  no 
Shereff  Courts  be  holden  neyr  as  to  civill  and  criminall  unles  the  Clerk 
be  authorized  by  the  Prin"  Clerk  of  the  Shyre:  And  compeired  person- 
allie  Sr  James  Baird  of  Auchmedden  and  protested  that  any  dects.  past 
for  criminalls  be  keept  be  the  Prin"  Clerk,  and  that  noe  executione 
pase  on  any  dects.  for  criminall  causes  untill  compt  be  had  for  byganes, 
nor  upon  bands  granted  for  criminalls,  and  what  soums  of  money  have 
bein  exacted  for  transporteing  of  prisoners  or  bolls  of  wictuell  taken  for 
that  cause  from  any  persone,  the  said  Sr  James  Baird,  Shreff  Prin", 
declaired  he  wes  naewayes  accessory  yrto,  and  wes  radie  to  complye 
with  any  wrounged  yrby,  whensoever  they  please  to  call  the  receivers  of 
such  moneys  or  bolls  of  wictuell  to  ane  account,  and  appoynted  the 
present  Pror  phiscall  to  make  his  accounts  of  his  intromissione  betwixt 
and  the  fyfteinth  day  of  May  nixt  to  come  conforme  to  his  comissione 
to  the  Dept  Clerk  with  certificatione.  JAMES  BAIRD. 

THE  MANAGEMENT  OF  ROADS. 

Though  it  was  only  after  the  suppression  of  the  Rising  of  1715  that 
County  Authorities  in  the  north  of  Scotland  gave  systematic  attention  to 
the  public  roads  and  bridges  of  their  counties,  there  was  in  existence 
a  wonderfully  complete  code  of  statute  law  for  the  management  and 
maintenance  of  public  highways  in  Scotland,  enacted  in  the  reigns  of 
James  VI.  and  Charles  II.  Act  38  of  the  first  session  of  the  first  Parlia- 
ment of  Charles  II.,  1661,  renewed  in  the  same  terms  Act  8  of  James" 
Parliament  of  1617.  These  statutes  gave  to  the  Justices  of  Peace  of 
the  several  counties  of  Scotland  power  to  mend  highways  and  bridges  to 
and  from  any  market  town  or  seaport,  and  to  punish  those  who  injured 
them.  They  declared  the  breadth  of  highways  to  market  towns  to 
be  twenty  feet  at  the  least,  and  those  of  larger  breadth  to  remain 
so.  Such  roads  were  to  be  maintained  by  the  Justices  of  the 
Peace,  as  well  as  all  other  ways  from  any  town  to  the  Parish  Church. 
Power  was  given  to  report  to  the  Council  for  new  roads,  and  to  punish 
those  who  refused  their  services  to  mend  highways  and  bridges. 


THE    MANAGEMENT    OF    ROADS.  57 

Those  two  Acts  were  followed  by  the  Act  of  1669  chap.  16,  which 
appointed  the  Sheriff  and  one  of  his  deputes,  being  a  heritor,  and  the 
Justices  of  Peace  within  Counties  to  meet  on  the  first  Tuesday  of 
May  yearly,  and  to  make  up  a  list  of  the  highways  bridges  and  ferries, 
to  divide  the  parishes,  and  to  name  overseers,  with  power  to  them  to 
call  on  tenants  cottars  and  servants  by  intimation  at  the  Parish  Kirk  to 
convene  for  the  repairing  of  the  highways,  with  power  to  name  someone 
to  direct  the  rest,  and  to  appoint  such  overseers  wages.  The  days  for 
working  were  not  to  exceed  six  days  for  man  and  horse  yearly  for  the 
first  three  years,  and  four  days  yearly  thereafter,  between  bere  seed  and 
hay  time  or  harvest.  The  Justices  of  Peace  were  given  power  to 
poind  for  absence,  twenty  shillings  Scots  for  a  man  and  thirty  shillings 
for  man  and  horse,  and  therewith  to  hire  others.  If  the  absents  had  no 
goods,  the  Justices  were  empowered  to  punish  them  in  their  persons. 
It  was  enacted  that  the  highways  be  twenty  feet  broad  at  least,  or 
broader  if  so  before,  and  the  Justices  were  empowered  to  change  roads 
at  the  sight  of  three  of  their  number,  and  to  estimate  the  damage,  which 
was  to  be  satisfied  by  the  whole  shire.  The  Justices  of  Peace  were 
ordained  to  meet  each  fortnight  during  June  and  July  to  enforce  the 
Act  for  three  years  after  the  passing  of  the  statute,  with  power  to  visit 
ferries  and  appoint  bridges  and  landing  places.  They  were  also  ordained 
to  meet  yearly  on  the  first  Tuesday  of  June  to  stent  the  heritors  of  the 
shire  to  an  amount  not  exceeding  ten  shillings  Scots  upon  each  Aoo 
Scots  of  valued  rent,  and  to  account  therefor  at  the  Michaelmas  Head 
Court.  The  Act  1670,  chap.  9,  allowed  the  time  for  working  at  the  roads 
to  be  any  time  in  the  year,  seed  time  and  harvest  excepted,  and  allowed 
the  Justices  of  Peace  to  dispense  with  the  attendance  of  persons  at  a 
distance  on  payment  of  six  shillings  yearly  for  ever)-  man  and  twelve 
shillings  for  every  horse,  to  be  expended  on  substitutes.  The  Act  of 
1686,  c.  8,  authorised  the  Commissioners  of  Supply  to  act  along  with 
the  Justices  of  Peace. 

There  is  no  record  that  this  code  of  highway  law  was  at  first 
systematically  enforced  in  Banffshire.  The  first  Minute  Book  of  the 
Commissioners  of  Supply  begins  in  1696,  and  the  first  Minute  Book  of 
the  Barons  and  Freeholders  of  the  shire  is  silent  on  the  matter  until 
1685,  when  the  following  entry,  which  states  that  a  system  of  road 
management  obtained  in  the  county,  occurs : — 

Michaelmas  Court,  and  October,  1685. 

HELD  by  George  Gordone  of  Edinglassie,  Sheriff  Principal,  and 
John  Campbell  and  John  Gordone,  his  Deputes. 

(Suite  Roll  called,  and  absents  fined.) 

H 


58  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  sd  day  Edinglassie,  Shirreff  Prin11,  in  presence  off  the  Barons 
and  Gentlemen  conveened  att  the  tyme,  did  renew  and  propose  the 
fformer  methods  ffor  rectifieing  off  the  hyghwayes  conform  to  the 
fformer  acts,  and  desyred  that  the  gentlemen  and  all  others  concerned 
should  goe  in  diligence,  and  to  give  account  theroff  against  the 
day  off  nixt  to  come ;  and  in  the  mein  tyme  it  is  committed 

to  Edinglassie,  Bougny  and  Kinnardy  wl  Banoon  to  consider  anent  the 
bridge  off  Inverkeithny  and  anent  any  difference  betwixt  Banoon  and 
Haddomill,  and  it  is  recommended  to  Ardmelly  to  ffurther  rectifie  the 
way  betwixt  the  Kirk  of  Aberchirdcr  and  Tillidoun  and  to  Knockorth, 
and  Baylie  Sanders  to  amend  and  help  that  way  betwixt  Crrannach 
and  Cluny. 

THE  PAYMENT  OF  COMMISSIONERS  OF  THE  SHIRE. 

The  practice  of  paying  Commissioners  of  the  Shire  their  travelling 
expenses  to  and  from  Edinburgh,  with  an  allowance  when  attending 
Parliament,  all  stented  on  the  lands  of  the  freeholder  electors,  ex- 
cluding peers,  soon  after  this  period  ceased  in  Banffshire,  a  condition 
being  made  at  elections  that  the  Commissioners  give  their  services 
gratuitously. 

Banff,  i  Apryll,  1687,  yeirs. 

The  sd  day  being  the  head  Pasch  Court  day,  Sir  George  Gordon  of 
Edenglassie,  Shirreff  Prin"  off  Banff  Shyre,  presented  and  produced  in 
presence  off  the  Gentlemen  and  Barrens  conveened  att  the  tyme  two 
acts  under  the  Viscount  off  Tarbats  hands  his  Mayties  Clerk  to  his 
Register  rolles  qrin  he  specifies,  declairs  and  setts  doun  therin  the 
particular  dayes  off  attendance  the  Lord  Boynd  and  Edinglassie  did 
wait  on  and  attend  the  scssiones  off  Parliatt,  and  dayes  as  is  mentioned 
in  the  sds  acts:  And  the  sd  Sir  George  Gordon  did  intimat  to  the 
whole  gentlemen  and  barrens  concerned  and  all  lyable  in  payt,  that  thay 
pay  in  ther  particular  propor°ne  qrin.  and  as  they  are  lyable  conform  to 
act  off  Parliatt  to  James  Cock,  Collector,  appoynted  ffor  that  effect,  and 
that  within  ane  ffourtnights  tyme  under  the  paine  off  horning  and 
uther  legall  diligences  to  be  used  ffor  recowering  payt  conform  to  act  off 
Parliatt. 

THE  MANAGEMENT  OF  ROADS. 

The  next  mention  of  roads  was  at  the  Michaelmas  Court  of  1687, 
held  by  Sir  James  Baird  of  Auchmedden  and  Sir  George  Gordon  of 
Edinglassie  and  their  Deputes,  John  Campbell  and  John  Gordon. 


ROADS   AND    MASTERFUL    BEGGARS.  59 

Banff,  Sepr.  last,  1687  yeirs. 

The  sd  day  being  the  head  Michaellmes  Court  day,  the  Shirreffs 
Barons  Gentlemen  and  uthers  pntt  ordeins  ane  meetting  off  the 
Commrs  off  Supply,  Excyse,  heretours  and  all  concerned  to  meett  att 
Banff  on  Thursday,  the  thretteint  off  October  nixt,  ffor  takeing  inspect- 
tione  off  the  Shyres  effeirs,  and  ffor  rewiseing  the  acts  made  anent 
hyghways,  bridges,  &c,  and  that  the  Justices  of  Peace  meett  the  sd  day 
ffor  considering  former  acts. 

VAGABONDS  AND  MASTERFUL  BEGGARS. 

The  minute  continues:  And  Mr.  Allexr  Grant1  to  be  adwcrtised  to 
keep  the  sd  appoyntment,  and  to  take  notice  off  the  pracktise  off  other 
Shyres  anent  the  restraineing  off  wagabonds  and  beggars,  and  the  sds 
Commrs  and  Justices  of  Peace  appoynted  to  keep  the  sd  dyct  under 
the  faylie  off  tuentie  merks  ffor  ilk  absent  Cornmr  or  Justice  off  Peace 
conform  to  act  of  Parliatt. 

JAMES  BAIRD. 
G.  GORUONE. 

To  restrain  vagabonds,  sorners  and  masterful  beggars  a  series  of 
statutes  were  enacted  by  the  Parliaments  of  Scotland,  in  particular, 
1445,  c.  45;  1477,  c.  77;  1579,  c.  74;  1617,  and  1661,  c.  38.  The  Act 
1579,  c.  74,  ordained  that  all  persons  above  14  and  below  70  years  of 
age,  who  shall  be  taken  wandering  and  misordering  themselves,  all  idle 
persons  ganging  about  using  unlawful  plays,  Egyptians  and  seers,  and 
all  persons  being  haill  and  starke  in  bodie  and  abille  to  worke,  alleging 
them  to  have  been  berried  or  burnt,  uthers  nouther  havand  land  nor 
maisters  nor  lawful  occupation,  who  can  give  na  reckoning  how  they 
'lawfully  get  their  living,  and  all  sangsters,  etc.,  all  common  labourers, 
being  persons  able  in  body  living  idle  and  fleeing  labour,  should  be  taken 
and 'punished  as  strang  beggars  and  vagabonds.  They  were  to  be 
apprehended,  imprisoned  and  tried  within  6  days,  and,  if  convicted, 
were  to  be  scourged  and,  for  a  second  offence,  punished  as  thieves. 
While  imprisoned,  they  were  to  be  allowed  each  day,  at  the  expense  of 
the  parish  where  apprehended,  ane  pund  of  ait  bread  and  water  to 
drink.  The  statute  1661,  c.  38,  which  established  in  Scotland  Com- 
missions of  the  Peace  in  the  various  counties,  enacted  that  the  said 
Commissioners  shall  put  his  Majesties'  Acts  of  Parliament  to  due  and 
full  execution  against  wilfull  beggars  and  vagabonds,  solitary  and  idle 
men  and  women  without  calling  or  trade,  lurking  in  alehouses,  tyed  to 
no  certain  services,  repute  and  holden  as  vagabonds,  and  against  those 
'  Sheriff  Clerk  of  Elgin,  and  in  1689  Tacksman  of  Excise  in  Banff  and  North. 


60  RECORDS  OF  THE  COUNTY  OF  BANFF. 

persons  who  are  commonly  called  Egyptians;  and  they  shall  punish  and 
fine  their  ressetters  and  setters  of  houses  to  them  accordingly,  by  such 
competent  pains  as  is  proper  for  them  to  enjoyn.  The  Act  1663,  c.  16, 
imposed  a  tax  on  the  parishes  where  such  vagabonds  or  idle  persons 
as  shall  be  found  begging  were  born,  or  in  case  the  place  of  their  nativity 
be  not  known,  the  parishes  where  they  have  any  residence  haunt  or 
most  resort  for  the  space  of  three  years  preceding  their  being  appre- 
hended, for  putting  down  vagabonds — the  one  half  to  be  paid  by  the 
heritors,  and  the  other  half  by  the  possessors  and  inhabitants,  according 
to  their  means. 

JUSTICES  OF  THE  PEACE. 

Under  the  Act1  for  renewing  Justices  of  Peace,  passed  in  1663, 
besides  the  Lords  of  the  Privy  Council  and  Senators  of  the  College  of 
Justice,  there  were  appointed  within  the  shire  of  Banff: — 

The  Earles  of  ffindlater  and  Aboyn,  the  Lords  Ogilvie  and  Bamff, 
the  Laird  of  Boynd,  Sir  Patrick  Ogilvie  yor  of  Boynd,  Sir  Alexander 
Wrwhart  yor  of  Dunlugus,  Sir  James  Baird  of  Achmedden,  James 
Gordoun  of  Rothemay,  Peter  Meldrum  of  Lethers,  Sir  Alexander 
Abercrombie  yor  of  Birkenboig,  George  Keith  of  Northfeild,  George 
Gordoun  of  Thornebank,  James  Sutherland  of  Kinminitie,  Johne  Leslie 
of  Kininvie,  Johne  Grant  yor  of  Ballindalloch,  William  Innes  of 
Kinnermonie,  Mr.  Johne  Abercrombie  of  Glassoch,  William  Leslie  of 
Birdsbank,  the  Provost  and  Baillies  of  Bamff  for  the  tyme  being,  John 
Leslie  of  Auquhorsk,  Alexander  Aberncthie  of  Auchinleich :  And 
nominats  and  appoints  the  Laird  of  Birkenboig  to  be  conveener. 

IRREGULAR  SALMON  CRUIVES. 

Cruives  used  in  salmon  fishing  were  regulated  by  the  Acts  1424, 
c.  ii ;  1477,  c.  73;  1489,  c.  15;  1563,  c.  68;  1581,  c.  in,  and  1685,  c. 
20.  It  was  unlawful  to  fish  where  the  sea  ebbs  and  flows,  otherwise 
than  by  rod  or  net  and  coble. 

Banff,  Appryll  20,  1688. 

The  sd  day  being  the  head  Pasch  Court  ther  wes  ane  complaint 
given  in  by  sewerall  gentlemen  and  heretors  on  the  water  off  Diworn, 
complaineing  upon  the  irregalaritie  off  the  damme  and  cruives  on  the 
said  water.  The  Shirreffs  takeing  the  samen  to  ther  considera°ne,  and 
that  all  concerned  may  have  equall  justice,  hawe  concluded  that  my 
Lord  Boynd  Achmedden  and  Edenglassie  sail  speak  and  commoun  w' 
the  E :  off  Airly,  he  being  att  the  tyme  in  the  countrey,  that  maters  may 
•The  Acts  of  the  I'arliaments  of  Scotland,  Vol.  VII.,  pp.  543-4. 


THE   REVOLUTION    IN    BANFFSHIRE,    1688.  6l 

be  accommodate  in  ane  ffrindly,  and  in  the  mein  tyme  the  tuo  Deputts 
are  appoynted  to  goe  to  take  inspectione  how  and  in  qt  caice  the  sds 
damms  cruivs  and  hecks  are,  and  iff  they  be  regular  conform  to  law, 
and  to  report. 

The  sd  day  Sir  George  Gordon  off  Edenglassie  presented  publictly 
ane  sasine  off  Sir  George  Ogilhvy  off  Carnusies,  sometyme  off  Dunlugus, 
instructing  hes  right  of  hes  fishing  on  the  water  off  Uiworn,  daited  the 
sixt  off  July,  1583  yeirs. 

THE  REVOLUTION  IN  BANFFSHIRE,  1688. 

The  absolutism  of  King  James  II.,  shown  in  his  use  of  the  dispensing 
power,  in  his  openly  displayed  favour  for  the  Roman  Catholic  religion, 
though  it  resulted  in  general  religious  toleration  one  hundred  and  forty 
years  before  its  time,  and  the  King's  consequent  unpopularity  have 
been  assumed  to  be  the  most  decisive  causes  of  the  success  of  the  Revolu- 
tion. More  decisive  than  these  was  his  fatal  lack  of  resolution  and  of 
bold  initiative  in  firmly  opposing  at  the  outset  the  invasion  of  the  Prince 
of  Orange.  For  years  William's  campaigns  in  the  Low  Countries  had 
been  the  school  of  arms  for  adventurous  Englishmen  and  Scotsmen  ; 
and  for  long  he  had  been  building  up  a  party  at  the  court  of  King 
James.  So  long,  however,  as  his  wife  was  next  to  the  throne  there  was 
no  necessity  for  revolutionary  action.  The  birth  of  the  Prince  of  Wales 
in  June,  1688,  interposing  as  it  did  an  heir  between  his  wife  Mary  and 
the  throne,  rendered  immediate  action  on  his  part  imperative,  if  he  and  his 
house  were  to  gain  the  crown.  This  event  seems  to  have  moved  him 
to  action  quite  as  effectually  as  the  reasons  given  in  his  public  proclama- 
tion, that  King  James  had  violated  the  fundamental  principles  of 
constitutional  government  and  of  English  Kingship. 

The  birth  of  Prince  James  and  the  fears  of  a  Catholic  succession  did 
not  in  the  North  of  Scotland  carry  with  them  the  sinister  unpopularity 
one  is  led  to  believe  they  did.  Earlier  in  the  year,  the  Privy  Council 
had  evoked  the  loyalty  of  the  people  by  ordering  a  thanksgiving 
throughout  Scotland  on  igth  February  for  the  expected  event.  On  i2th 
February,  1688,  in  the  kirk  of  the  parish  of  Grange,1  this  act  "for  keeping 
a  solemne  day  of  thanksgiving  for  the  Queen's  happie  conception  "  was 
publicly  read  from  the  pulpit  after  sermon.  A  thanksgiving  was  also 
duly  held  in  Banff2  on  the  date  appointed,  when  the  preacher  chose  for 
his  text  the  second  verse  of  the  first  chapter  of  the  first  book  of  Samuel, 
where  Hannah,  the  then  childless  wife  of  Elkanah,  figures ;  while  at 
Fordyce  the  Rev.  Alexander  Gelly  discoursed  from  the  text,  "  O  give 
thanks  unto  the  Lord  for  he  is  good,  for  his  mercy  endureth  for  ever." 

1  Dr.  Crainond's  "  Church  of  Grange,"  p.   53- 

3  Dr.  Cramond's  "Annals  of  Banft,"  Vol.  II.,  p.  58. 


62  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Other  parishes  in  the  county  kept  this  anticipatory  thanksgiving  as 
ordered ;  and  the  ministers  doubtless  preached  as  loyal  sermons  as  Mr. 
Gelly,  Fordyce,  and  Mr.  Patrick  Innes,  Banff,  judging  from  the  texts 
they  handled,  seem  to  have  done.  And  now  that  the  "  happie  "  event 
had  happened,  thanksgivings  were  general  throughout  the  country.  On 
the  4th  of  July  that  year,  at  a  meeting  of  the  Presbytery  of  Fordyce,1 
"  all  the  brethren  present  declaired  that  they  had  observed  the  thanks- 
giving conforme  to  the  Act  of  His  Majesties  most  honobl  privie  Counsell 
for  the  Quenis  Majesties  safe  delyverie  of  the  high-born  Prince  and 
Stewart  of  Scotland."  Action  and  language  like  this  are  hardly  the 
action  and  language  of  disaffected  subjects. 

During  1688,  preparations  for  invasion  by  the  Prince  of  Orange  went 
on  in  the  Low  Countries,  coupled  with  a  growing  political  propaganda 
in  this  country,  only  to  be  accentuated  on  the  birth  of  Prince  James ; 
and  though  news  of  these  preparations  in  Holland  reached  England, 
King  James  was  slow  to  believe  that  his  son-in-law  meant  business. 
Early  and  reliable  information  regarding  public  events  was  of  import- 
ance to  the  various  communities  at  such  a  time ;  and  the  entry  in  the 
Town  Council  minutes  of  Banff  on  28th  August  that  the  Earl  of  Airlie, 
who  was  a  loyal  supporter  of  James  and  who  had  large  interests  in  the 
burgh  and  its  neighbourhood,  paid  to  the  burgh  treasurer  £6  Scots  "  for 
helping  the  upholding  of  the  posts  going,"  indicates  a  rising  interest  in 
current  events.  By  this  time  the  propaganda  in  the  interests  of  the 
Prince  of  Orange  was  being  so  openly  urged  in  Scotland  that  in  August 
the  Privy  Council  took  steps  to  suppress  the  same  ;  and  a  faint  echo  of 
the  action  of  the  Lord  Chancellor  lingers  in  the  records  of  the  Kirk- 
Session  of  the  parish  of  Grange,2  which  bear  that  on  2nd  September 
there  was  read  from  the  pulpit,  as  there  must  have  been  from  most  of 
the  other  parish  pulpits  of  the  county  and  the  north,  a  general 
proclamation  "from  the  Privie  Council  against  importing,  selling,  buying 
and  keeping  of  seditious  books  or  pamphlets,"  though  the  probability  is 
that,  north  of  the  Grampians,  there  was  little  buying  or  selling  of 
seditious  or  any  other  books. 

Convinced  at  last  that  William  seriously  meant  invasion,  James  in 
September,  1688,  through  the  Scots  Privy  Council,  always  the  ready 
instrument  of  the  Sovereign,  put  Scotland  on  war  establishment.  The 
Militia  of  his  Northern  Kingdom  was  embodied;  the  Highland  Chiefs, 
mostly  loyal,  were  ordered  to  be  ready  to  assemble  their  clans ;  and 
such  strategic  positions  as  Edinburgh  and  Stirling  Castles  were 
garrisoned.  My  Lord  Chancellor  the  Earl  of  Perth  accordingly- 
addressed  summonses  to  the  several  Sheriffs  of  the  shires  in  Scotland ; 
and  in  Banffshirc,  on  iGth  September,  his  letter  to  the  Sheriffs-Principal, 

1  Ur.  Cramond's  "  Presbytery  of  Fordyce,"  p.  49. 
3  Dr.  Cramond's  "  Church  of  Grange,"  p.  55. 


ROLL   OF    BARONS   AND   FREEHOLDERS,    1 688.  63 

"for  the  convening  of  all  the  heritors,  liferenters,  wodsetters,  &c.,  at  the 
head  burgh  of  the  shire  upon  the  2ist  of  September  instant  with  their 
best  horses  and  arms,  &c.,"  '.was  read  in  the  various  parish  kirks.  The 
rendezvous  given  for  the  2ist  of  September  was  most  likely  held,  though 
there  is  no  local  record  of  the  same.  This  much  is  certain,  that  Sir 
George  Gordon  of  Edinglassie  and  Sir  James  Baird  of  Auchmedden, 
Joint  Sheriffs-Principal  of  the  county,  convened  on  5th  October,  1688, 
the  barons  and  freeholders  of  the  county  to  the  usual  Michaelmas  Head 
Court  of  the  county  at  Banff,  to  concert  and  advance  measures  for  the 
defence  of  the  kingdom.  At  that  Head  Court  the  following  roll  of 
those  holding  their  lands  of  the  Crown,  and  owing  suite  and  presence  to 
the  Sovereign  was  called,  and  the  individuals  were  marked  excused, 
absent  or  present,  as  the  case  might  be. 

MICHAELMAS  HEAD  COURT,  5TH  OCTOBER,  1688 — SUITE  ROLL. 

ex  The  Duke  of  Gordone  for  his  lands  of  fforest  of  Boynd,  Eingzie, 
Auchindoun,  Strathawin,  Inveruric,  ffotterletter,  Gairtly  and 
Corronassie. 

ab  The  Earle  of  Erroll  for  his  lands  of  Montblairie. 
ab  The  Earle  of  Marrishall  for  his  lands  of   Invcrugie,  Durn   and 

Auchinhampers. 
ab  The  Earle  of  Buchan  for  his  lands  and  Lo   of  Glendowachie, 

Doun  and  Montblairy. 

p  The  Earle  of  Airly  for  lands  of  Alvach,  Bachlaw  and  Tipperty. 
ab  The  Earle  of  ffindlater  for  his  lands  of  ffindlater,  Deskfoord  and 

Castlefeild. 
ab  The  Lord  Banff  for  his  lands  of    Inchdrowar,  Sandlaw,  Blair- 

shinoch  and  Doun. 
ab  The  Lord  Oliphant  for  his  lands  of  Pettcndreich,  Airdfour  and 

Auchininay. 
ab  The    Master   of   Saltoune  for  his   lands  and    Lo   of    Balvenie. 

p  The  Lord  Boynd  for  the  thayndome  theirof  and  Ratties. 
.  ab  The  Lord  Auchintowell  for  the  lands  theirof. 
p  The  Laird  of  Auchmedden  for  the  lands  of  Pittgair  and  A\\  aids, 
ab  The  Laird  of  Birkenboig  for  the  lands  of  Gallcross. 
ab  The  Laird  of  Rothimay  for  the  lands  theirof. 
p  The  Laird  of  Park  for  the  lands  theirof. 
p  The    Laird   of    Edinglassie  for  the  lands  of   Glenmarkies  and 

Carnousies. 

ab  The  Laird  of  Bellendallach  for  the  lands  of  Tullocharron. 
ab  The    Laird   of    Kempkairn    for    the    lands   of    Drumna-Keith. 
p  The    Laird   of    Denluges   for   the  lands   theirof    and    Muirden. 
1  Dr.  Cratnond's  "  Church  of  Grange,"  p.  55. 


64 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


ab  The  Laird  of  Beldornie  for  the  lands  theirof. 
ex  The  Laird  of  Itlaw  for  the  lands  theirof. 
ab  The  Laird  of  Rannes  for  the  lands  of  Muldavitt. 
ab  The  Laird  of  Kenermenie  for  the  lands  theirof. 
p  The  Laird  of  Baldavie  for  the  lands  theirof. 
p  The  Laird  of  Kilmachleon  for  the  lands  theirof. 
p  The  Laird  of  Cromby  for  the  lands  theirof. 
p  The  Laird  of  Troup  for  the  lands  theirof. 
ab  The  Laird  of  Lesmurdie  for  the  lands  theirof. 
ab  The  Laird  of  Buckie  for  the  lands  theirof. 
p  The  Laird  of  Boigny  for  the  lands  of  Convoy, 
ab  The  Airs  and  Surs.  of  Laithers  for  the  lands  of  Drauchlaw  and 

Drauchlaw  Mill, 
p  Mr.  Thomas  Mercer  of  Todlaw  for  the  lands  theirof. 

The  Airs  and  Surs.  of  the  deceist  Mr.  James  Gordone  for  the 

barronie  of  Yeochrie. 

The    Airs    and    Surs.    of    Glengarrock    for    the    lands    theirof. 
The  Laird  of  Kinairdy  for  the  lands  of  Neitherdale. 
David  Crookshank  of  Balnoon  for  the  lands  theirof. 
p  John  Abernethie  of  Meyan  for  the  lands  theirof  and  Cjuoir. 
p  John  Lesly  of  Kininvy  for  the  lands  theirof. 
Walter  Lcsly  of  Tulich  for  the  lands  theirof. 
ab  George  Keith  of  Northfield  for  the  lands  theirof. 
ab  Arthur  fforbes  of  Turtries  for  the  lands  theirof. 
p  Mr.   William    Joass  of   Colleonard  for   the  lands   of    Denhead, 

Poddocklaw,  and  Whyteouty. 
ab  George  Coming,  late  Provest  of  Elgine,  for  the  lands  of  Bregachie 

and  Lettervandich. 
Alexr.  Duff  of  Keithmoir  for  the  lands  of  Lettoch  and  Aldach- 

lagan. 

Alexr.  Duff  of  Bracco  for  the  lands  theirof  and  Knock. 
The  Airs  and  Surs.  of  Alexr.  Gordone  of  Arradoull  for  the  lands 

of  Haughs,  Maisly,  &  fforgie. 

Peter  Russell  of  Mountcoffer  for  the  lands  of  Inverichnie. 
ab  John  Innes  of  Edingeith  for  the  lands  theirof. 
ab  John  Ramsay  of  Melross  for  the  lands  theirof. 
ab  The  Vassalls  of  the  Abbacie  of  Aberbrothock. 
ab  The  Vassalls  of  the  Abbacie  of  Couper. 
ab  The  Vassalls  of  the  Abbacie  of  Kingloss. 
ab  The  Bishop  of  Murray, 
ab  The  Bishop  of  Aberdein. 
ab  The  Parson  of  Ratvein. 


ab 

ab 

P 
P 


ab 


ab 

ab 
ab 

ab 


ABSENT    BARON'S.  65 

The  minute  of  this  Head  Court  of  5th  October,  1688,  like  most 
former  minutes,  records  the  absence  of  many  who  owed  to  the  King  suite 
and  presence,  and  notes  the  usual  consequence  of  such  absence,  and, 
though  the  meeting  was  larger  than  usual,  the  measures  taken  to  ensure 
personal  attendance.  At  the  same  time,  the  embodiment  of  the  Earl  of 
Erroll's  regiment  of  militia,  which  had  four  Banffshire  companies,  was 
announced.  Captain  Hay  mentioned  was  no  doubt  Captain  John  Hay 
of  Echries,  Grange,  a  cadet  of  the  Hays  of  Kannas  in  Rathvcn,  anil 
Tutor  of  Rannas.  Alexander  Garden  of  Troup,  Gamrie,  on  28th  August, 
1663,  succeeded  to  the  lands  and  baron)'  of  Troup  on  the  death  of 
his  father,  Major  Alexander  Garden,  who  had  served  under  Gustavus 
Adolphus,  and  had  on  his  return  from  the  Swedish  wars  purchased,  in 
1654,  Troup.  He  married  Bathia,  daughter  of  Sir  Alex.  Forbes  of 
Craigievar. 

FINES  FOR  ABSENT  BARONS. 

The  wholl  noblemen,  barrons  and  others  above  \\rten,  being 
thryse  called  and  not  compeiring,  were  ilk  ane  of  them  deceirned  and 
amerciate  in  the  sum  of  fTyftie  pounds  for  defect  of  suite  and  the  lyke 
sum  for  defect  of  personal!  presence,  and  ordained  to  make  payt  of  the 
samen  within  terme  of  law,  except  the  Duke  of  Gordone  excused,  the 
Earle  of  Airly,  the  laird  of  Boynd,  the  laird  of  Auchmedden,  the  laird  of 
Park,  the  laird  of  Edinglassie,  the  laird  of  Denluges  present,  the  laird  of 
Itlaw  excused,  the  laird  of  Baldavie,  the  laird  of  Kilmachleon,  the  laird 
of  Cromby,  the  laird  of  Troup,  the  laird  of  Boigny,  Mr.  Thomas  Mercer 
of  Todlaw,  the  laird  of  Kinardy,  Balnoon,  Meyan,  Kininvye,  Colleonard 
present. 

The  Shirreffs  takeing  to  ther  considerationc  the  paucitie  off  the 
number  off  the  noblemen,  barans  and  wthers  the  gentlemen  conveened, 
and  who  ought  to  hawe  been  present  att  this  head  court,  ordeins  heir- 
efter  that  no  proxies  be  allowed,  bot  that  the  barons  themselves  be 
personally  present,  or  their  said  sufficient  persons  off  worth  radie  to 
atten  his  Majties  serwice  and  command  qfiewer  called,  notwithstanding 
off  any  proxie,  and  thes  pfits  are  intimated  att  this  head  court  that  non 
pretend  ignorance  for  the  futur. 

THE  EMBODIEMENT  OF  THE  BANFFSHIRE  MILITIA. 

The  sd  day  Sir  George  Gordon  off  Edenglassie,  Shirreff-prin11,  did 
produce  ane  letter  from  the  E.  of  Erroll  with  sewerall  publict  printed 

i 


66 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


intimationcs  ffor  conveening  the  E.  off  Erroll's  regiment  off  militia  ffor 
ane  general!  randi\vous  conform  to  the  days  mentioned  in  the  publict 
intima°ns:  My  Lord  Boynds  company  to  mcett  att  Banff  the  15 
current,  Captain  Hays  company  to  mcett  att  the  Newtoun  of  Park  the 
sd  day,  Edenglassies  company  att  Edcnglassie  lykways  the  sd  day, 
Troups  company  att  Minnonie. 

THE  PATENT  OF  SIR  JOHN  GORDON  OF  PARK,  AS  KNIGHT  BARONET. 

The  said  day  Sir  John  Gordon  off  Park,  att  the  head  court 
publictly  in  pFicc  off  barons  conveened  produced  his  patent  from  his 
Majties  as  Knyght  Barronett,  and  accordingly  ordered  to  be  enrolled, 
qrupon  the  sd  Sir  John  took  instruments  qch  \ver  received  and  allowed, 
and  enrolled  in  the  suitt  roll  accordinglic,  and  that  the  patent  may  be 
lykways  insert  and  rcgrat  in  the  head  court  book  ffor  future  memorie. 
Qron  act. 

ATT  Banff  the  ffyft  day  of  October  Iajvji&  eighty  eight  years  in 
pfice  of  Sir  James  Baird  of  Auchmeddcn  and  Sir  George 
Gordone  of  Edinglassie,  Knights  Conjunct  Sherriffs  Prinlls  of 
Banffshyrc. 

The  \\hilk  day  compeired  personally  Sir  John  Gordon  of  Park, 
Knight  and  Barronett,  who  produced  anc  patent  granted  to  him  by  our 
S.  L.  the  Kings  Mtie  under  his  Mties  great  seal  of  his  ancient  King- 
dome  of  Scottland  creating  and  constituting  him  and  his  airs  male  for 
ever  Knights  Barronetts  in  mainer  and  conforme  to  the  sd  patent  after 
insert,  and  desired  that  he  might  be  enrolled  in  the  suite  roll  for  the 
head  courts  of  the  sd  Shcrriffdome  conforme  to  his  dignity  as  Knight 
Barronett  aforsd,  and  that  the  said  patent  might  be  insert  and  regrat  in 
the  Sherriff  court  books  of  Banff  theirin  to  remaine  till  futur  memorie ; 
whilk  desire  the  saids  Sherreffs  having  considered  ordained  the  sd  Sir 
John  Gordone  of  Park  to  be  inrollcd  in  the  sd  suite  roll  in  mainer  forsd, 
and  that  the  sd  Patent  might  be  insert  and  regrat  in  the  head  court 
book  of  the  sd  Sherriffdome  to  the  effect  above  wrten,  off  the  whilk 
patent  the  tenor  followes  and  is  thus  —  Jacobus  Dei  gratia  Magnae 
Britainiae  ffranciae  et  Hibernias  Rex  fideiq  defensor  Omnibus  probis 
hominibus  ad  quos  presentes  literse  nostrae  pervenerint  salutem ; 
Quandoquidem  nos  intelligentes  omnes  honoris  et  dignitatis  titulos  in 


PATENT   OF    SIR   JOHN    GORDON    OF    PARK.  67 

dominiis  hisce  nostris  a  nobis  tanquam  prima  fonte  et  scuturigine  in 
subditos  nostros  de  nobis  bene  meritos,  unice  promanare  Cumq  nobis 
abunde  satisfactum  sit  de  dignitate  et  meritis  Domini  Johannis 
Gordone  de  Park  deq  sumo  suo  zelo  et  promptitudine  ad  servitium 
nostrum  promovendum  Nosq  hac  ratione  benigne  cupide  durabilem 
quandem  regii  nostri  favoris  tesseram  in  ilium  conferre  ut  animus  et 
vires  illi  addantur  in  servitio  nostro  pro  future  perseverandi :  Noveritis 
igitur  nos  ex  certa  nostra  scientia  proprioq  motu  virtute  potestatis 
nostrae  et  prerogativi  regalis  pro  nobis  et  successoribus  dedisse  con- 
cessisse  et  contulissc  sicuti  tenore  presentium  damns  concedimus  et 
conferimus  in  dictum  Dominum  Johannem  Gordone  de  Park  et 
heredes  suos  masculos  in  perpetuum  titulum  honorem  ordinem  gradum 
et  dignitatem  Militis  Baronetti  et  per  presentes  facimus  creamus  et 
constituimus  praefatum  Dominum  Johannem  Gordone  de  Park,  ejusq 
heredes  masculos  predict  in  perpetuum  Milites  Baronettos  ordinamus 

eos  eorumq  uxores  et  liberos  rexive  eodem  titulo  cum  prioritate 

et  praecedentia  tam  publicc  quam  privatim  post  datam  presentium  frui 
et  gaudere  eodem  modo  quo  quivis  alius  Miles  Barronettus  intra  diet 
rcgnum  Scotiae  ejusq  uxor  et  liberi  quovis  tempore  praeterito  potiti  et 
gavisi  sunt  vel  eodem  in  posterum  frui  et  gaudere  poterint  cum  gener- 
alitate  presentium  omnibusq  aliis  formalitatibus  et  solemnitatibus 
quibuscunq  dispensamus  mandamus  porro  Leoni  nostro  armorum  regi 
ejusq  ffratribus  fferialibus  ut  prstfato  Domino  Johanni  Gordoun  dc  Park 
ejusq  hasredibus  masculis  pra;dict  talia  insignia  armorea  seu  prioribus 
additamenta  qualia  videbuntur  congrua  dent  et  prascribant :  In  cujus 
rei  testimonium  presentibus  magnum  sigillum  nostrum  appendi  pra> 
cepimus  apud  aulam  nostram  de  Vindsore  vicesimo  primo  die  mensis 
Augusti  anno  Domini  supra  millesimam  sexcentesimam  octogesimo 
sexto  regniq  nostri  anno  sccundo  per  signaturam  manu  S :  D  :  N  :  Regis 
suprascripti  et  sic  a  tergo  scribitur.  Wrten  to  the  great  seal  and  rcgrat 
the  sext  day  of  October,  1687.  Subt.  thus  Jo  Graham.  Sealed  at  Edr 
the  sixt  day  of  October,  1687. — J.  HAY. 

THE  REVOLUTION  IN  BANFFSHIRE.    OCTOBER,  1688 — MARCH,  1689. 

The  County  Militia,  after  assembling  on  i5th  October,  probably  joined 
Erroll's  other  Aberdecnshire  companies  on  their  way  to  the  general 
rendezvous  appointed  for  the  northern  levies  at  Brechin.  When  King 


68 


RECORDS    OF    THE    COUNTY    OK    BANFF. 


James's  proclamation  was  read  in  Cullen1  ordaining  the  militia,  heritors 
and  others  to  march  to  Brechin,  and  there  await  further  orders  from  his 
Majesty,  it  was  promptly  obeyed.  The  Council  minute  condescends 
on  the  names  of  the  five  soldiers  and  pioneers  sent  out  that  year  and 
probably  at  this  juncture :  Thomas  Anderson,  Alexander  Anderson, 
William  Smith,  John  Rathven,  and  John  Gumming,  who  were  armed 
with  three  muskets  and  two  '  picks.' 

Shortly  after  embodying  the  militia  of  Scotland,  King  James,  to 
strengthen  his  hold  on  London,  ordered  south  the  compact  standing 
army  of  Scotland,  consisting  of  jooo  well  trained  loyal  troops,  under 
such  leaders  as  Cjueensferry  and  Claverhouse.  In  Scotland  the  removal 
of  the  regular  army  to  London  at  once  placed  the  dominating  power  in 
the  hands  of  the  newly  embodied  militia  and  their  leaders,  who  were 
predominantly  Lowland,  Presbyterian  and  Whig.  This  was  the  more 
accentuated  as  the  Highland  Clans,  traditionally  loyal  as  most  of  them 
were,  had  not  been  called  out.  The  northern  militia,  also  solidly  loyal, 
probably  marched  no  further  south  than  Brechin  ;  while  the  lowland 
and  western  Whig  regiments  ot  militia  filled  Edinburgh,  the  seat  of  the 
government. 

On  the  5th  of  November,  1688,  William  landed  at  Torbay  in  Devon- 
shire. He  had  at  first  a  chilling  reception.  Had  James,  therefore,  who 
had  a  well  trained  standing  army  at  command,  boldly  attacked  the 
Prince  at  once,  he  most  probably  would  have  been  victorious ;  but  his 
fatal  irresolution  and  want  of  action,  and  the  consequent  successful 
intrigues  of  his  opponent  with  the  leaders  of  the  King's  army,  many 
of  whom  had  served  in  the  Dutch  wars,  gave  William  victory  without 
a  blow.  With  the  withdrawal  of  James  abroad  in  December  the 
Revolution  became  an  accomplished  fact,  and  William  reigned  de  facto 
King  in  his  stead.  The  regular  army  of  England  became  Orange,  and 
with  the  exception  of  a  few  ultra  loyalist  Jacobite  leaders  like  Viscount 
Dundee,  the  Scots  regular  army  in  England,  after  the  withdrawal  of 
James,  likewise  verted  to  William. 

ALEXANDER,  FIRST  DUKE  OF  GORDON. 

Dundee  and  Balcarres,  who  had  through  all  temptations  remained 
true  to  James,  returned  to  Scotland  in  February,  1689 — Dundee  with 
the  King's  commission  as  Commander-in-Chief  of  an  army  that  did  not 
exist,  and  with  instructions  to  await  orders,  developments  and  troops 
before  taking  the  field,  and  Balcarres  with  a  commission  placing  him  at 
the  head  of  a  civil  administration,  already  in  the  hands  of  the  other 
side,  a  commission  destined  never  to  be  executed.  In  their  absence  in 

1  L)r.   Cramomi's  "Annals  of  Cullen,"  p.   52. 


THE  REVOLUTION  IN  BANKFSHIKE,  OCT.,  1688 — MARCH,  1689.   69 

England,  Alexander,  first  Duke  of  Gordon,  the  most  powerful  nobleman 
in  Scotland  north  of  the  Grampians,  with  large  interests  in  the  counties 
of  Aberdeen,  Banff,  Moray  and  Inverness,  alone  stood  out  in  arms  for 
James,  and  continued  to  hold  Edinburgh  Castle  for  the  King.  A  bolder 
initiative  on  his  part  would  have  served  his  master  better ;  but  even  his 
defensive  attitude  in  holding  on  to  the  Castle  was  important  for  James's 
cause,  at  a  time  when  so  many  of  the  ruling  cast  were  trimming.  In 
Banffshire  the  Duke  of  Gordon  was  undoubtedly  the  most  influential 
personality,  though  an  adherent  of  the  ancient  Roman  Catholic  religion, 
both  on  his  own  account  and  on  account  of  his  great  influence  as  the 
natural  head  pf  the  powerful  sept  of  the  Gordons,  the  branches  and 
cadets  of  that  family  being,  generally  speaking,  very  loyal  to  their  head. 
Loyalty,  however,  in  these  critical  times  was  often  of  a  loose  kind ;  and 
a  salient  feature  of  the  Revolution  and  of  the  Risings  of  fifteen  and 
Forty-five,  so  marked  that  one  is  driven  to  the  conclusion  that  it  was 
calculated,  was  the  frequency  with  which  various  influential  men 
trimmed  and  changed  sides,  and  members  of  the  same  families  connected 
by  blood  or  marriage  ranged  themselves  on  different  sides,  seemingly  on 
the  principle  that  whatever  side  won,  some  one  in  the  family  would  be 
on  the  winning  side.  The  Duke  of  Gordon's  influence  was  paramount 
in  Bellie  and  Rathven,  including  Enzie,  parishes  lying  under  the 
shadow  of  Gordon  Castle,  whose  inhabitants  were  largely  Roman 
Catholic.  In  these  parishes,  where  his  holding  in  land  was  extensive, 
he  could  also  reckon  on  the  backing  of  the  Gordons  of  Gollachic, 
Letterfourie,  Arradoul,  Auchinreath,  Glastirem,  Thorniebank,  Cairn- 
field,  Cluny,  Buckie  and  Freuchnv.  His  influence  was  also  strong  in 
Mortlach,  but  here  by  a  strange  coincidence  it  was  to  be  countered 
by  two  forces  which  one  would  have  expected  to  have  gone  strongly 
with  him.  These  were  Alexander  Duff,  \\adsetter  of  Keithmore,  now 
also  an  extensive  proprietor  in  Mortlach,  long  the  Duke's  Baron  Bailie 
of  the  Regality  of  Auchindoun,  with  his  lawyer  son  Alexander  Duff  of 
Bracco  and  of  Balvenie,  and  Sir  George  Gordon  of  Edinglassie.  In 
Inveravon,  with  John  Roy  Grant  of  Ballindalloch  on  the  same  side,  the 
Duke's  interest  was  supreme ;  and  so  it  also  was  in  Kirkmichael,  or 
Stradoun,  as  it  is  oftener  called,  where  the  well-known  John  Gordon, 
Tutor  of  Glenbucket,  long  wielded  the  Gordon  influence. 

Meantime  in  the  North  there  was  unrest,  uncertainty  and  excitement. 
What  had  become  of  the  embodied  militia  of  Erroll's  regiment  after 
James's  departure  abroad  ?  My  Lord  Boynd,  Troup,  and  Edinglassie, 
three  of  the  four  captains  who  had  gone  south  in  October,  were  at  any 
rate  north  again  in  Banff  on  6th  March,  1689,  and  so  likely  was  Captain 
Hay;  and  the  probability  is  that  the  Banffshire  companies  had  returned 
home  again.  The  County  and  Burgh  authorities  anxiously  awaited  the 


jo  RECORDS  OF  THE  COUNTY  OF  BANFF. 

development  of  events.  In  Cullen  l  "  the  Bailyies  and  Counsell  agrie 
to  send  in  ane  weeklie  post  to  the  Post  Office  at  Banff  for  intelligence, 
and  for  that  effect  the  Counsell  allowes  to  the  said  post  foure  shillings 
Scots  weeklie  and  allows  to  the  postmaster  his  servant  foure  shilling 
Scots  money  for  transcryveing  of  letters  of  intelligence  weeklie" — the 
weeklie  substitute  in  those  old  days  for  the  newspaper  of  to-day.  As 
cautious  and  orderly  burgesses  they  further  direct,  no  doubt  in  view  of 
previous  abuses,  that  "  no  ail,  bear,  or  uther  liquor  [be]  allowed  to  be 
sold  or  vented  after  the  setting  of  the  guard  any  night  hereafter  under 
the  failzie  of  £40  Scots."  To  be  ready  for  all  emergencies,  the  Town 
Council,  finding  it  necessary  that  the  inhabitants  should  be  exercised 
in  arms,  embodied  the  whole  fencible  inhabitants  of  the  burgh  in  five 
squads  of  twenty-four  men  each,  under  the  command  of  five  Councillors, 
and  ordered  weekly  exercises.  That  year  65  persons  in  the  burgh  of 
Cullen  were  provided  with  sufficient  firelock  guns,  and  as  many  of  the 
other  inhabitants  as  possible  with  densaxes. 2 

Early  in  1689,  London  was  swarming  with  Scots ;  and  William,  to 
regularise  as  much  as  possible  his  de  facto  sovereignty,  on  the  advice  of 
the  leading  Scots  noblemen  and  gentlemen  who  had  gone  up  to  London 
to  pay  him  court,  and  whom  he  had  consulted  in  order  that  he  might 
obtain  as  much  sanction  as  possible  to  his  assumption  of  royalty,  agreed 
to  summon  a  Convention  of  the  Estates  of  Scotland.  Accordingly  on 
5th  February  the  Prince  of  Orange  drew  up  at  St.  James's  Palace, 
London,  his  missive  letter  summoning  said  Convention  of  Estates  in 
Scotland.  Later  in  the  month  it  reached  the  north.  To  the  Scots 
Parliaments  Banffshire  had  long  returned  four  Commissioners — two 
from  the  county  and  one  from  each  of  the  royal  burghs  of  Banff  and 
Cullen  ;  and  the  missive  ordering  the  elections  accordingly  came  to  the 
hands  of  the  Sheriff-Clerk  of  the  county  and  of  the  Town  Clerks  of 
the  two  royal  burghs.  George  Leslye  of  Burdsbank,  Sheriff-Clerk  of 
Banffshire,  and  the  Town  Clerks  of  Banff  and  Cullen  acted  upon  the 
instructions  contained  in  the  letter;  and  their  action  in  doing  so  shows 
that  the  government  of  the  county  by  this  time  was  so  far  at  least 
with  the  de  facto  Sovereign. 

ELECTION  OF  COMMISSIONERS  FOR  THE  BURGHS  OF 
CULLEN  AND  BANFF. 

On  the  ist  of  March  the  Town  Clerk  of  Cullen  produced  the  pro- 
clamation and  commission  directed  to  him  by  "  His  Highness  the 
Prince  of  Orange."  Following  thereon,  Mr.  James  Ogilvie,  second  son 

'Dr.  Cramond's  "Annals  of  Cullen,"  |i.  52. 
*  1'roliably  Danish  axes. 


ELECTION    OF   COMMISSIONERS    OF   THE    SHIRF..  71 

of  the  Earl  of  Findlater,  an  able,  rising  and  ambitious  young  advocate, 
who  was  to  carve  out  an  earldom  for  himself,  and  by  his  statesmanship 
was  materially  to  assist  in  the  union  of  the  Parliaments  of  England  and 
Scotland,  was  chosen  Commissioner  for  that  burgh.  Born  in  1663,  he 
was  called  to  the  Bar  in  1685,  where  at  first  his  relative  Lord  Boyne's 
influence  contributed  to  his  success.  At  this  juncture  he  stood  forking 
James.  The  records  of  the  other  royal  burgh  of  the  county,  Banff,  the 
head  burgh  of  the  shire,  unlike  those  of  Cullcn,  are  silent  about  the 
public  events  of  1688  and  1689.  We  only  know  that  Provost  Walter 
Stewart,  who  had  been  Commissioner  from  Banff  to  previous  Parlia- 
ments, was  chosen  to  represent  Banff  at  the  Convention.  He  served 
in  subsequent  Parliaments  down  to  1700. 

ELECTION  OF  LORD  BOYNE  AND  ALEXANDER  DUFF  OF  BRACCO 
AS  COMMISSIONERS  OF  THE  SHIRE. 

The  meeting  of  Freeholders  who  elected  the  Commissioners  for  the 
county  was  held  on  6th  March,  1689,  and  the  following  minute  of  their 
proceedings  shows  that  the  Prince  of  Orange,  though  he  had  not  yet 
assumed  the  style  of  sovereignty,  and  could  not  constitutionally  do  so, 
impliedly  did  so  when  he  spoke  of  "his  kingdome  of  Scotland."  His 
restriction  of  the  electors  and  commissioners  to  Protestants,  harmonizing 
as  it  did  with  the  test  act  of  Charles  II.,  at  the  same  time  fitted  well 
into  the  religious  propaganda  in  his  interest  for  the  kingship,  and 
squared  with  the  predelictions  of  the  Presbyterians  in  the  country, 
whose  motive  power  carried  him  into  the  sovereignty. 

Banff,  6th   Merch,  1689  yeires. 

The  said  day  the  Barrens  and  Freeholders  off  the  shyrc  being  con- 
veened,  they  in  the  first  place  did  elect  and  choise  my  Lord  Boyne 
preses,  and  thereafter  ther  being  produced  his  Highnes  the  Prince  of 
Orange  letter,  under  his  hand  and  seall  off  the  date  at  St.  Jamesses  the 
ffyft  day  of  ffebruary  last  bypast,  bearing  that  upon  a  desyre  off  the 
Lords  and  Gentlemen  off  his  kingdome  off  Scotland  mett  at  Whythall, 
he  had  called  a  meiting  off  the  Estates  to  be  holden  at  Edr  the  fourteint 
day  off  Merch  instant,  and  therfor  in  pursuance  and  according  to  the 
tenor  off  the  said  advyce  requyred  the  Shreff  Clerk  off  the  sd  shyre  that 
upon  the  recept  of  the  sd  letter  to  give  publick  intima°ne  of  the  same 
upon  the  first  Mercat  day  at  the  Cross  of  the  Head  Burghe  of  the  sd 
shyre  of  Banff  in  the  due  and  usuall  maner,  and  to  appoynt  a  day  to  be 
at  least  eight  dayes  after  the  said  intima°n  for  the  meiting  of  the  Free- 


72  RECORDS  OF  THE  COUNTY  OF  BANFF. 

holders  at  the  Head  Burgh  of  the  sd  shyre  to  choose  their  Comissioners 
for  the  melting  off  the  sd  Estates  at  Edr  the  sd  14  day  of  Merch,  and  to 
leave  a  coppy  yroff  and  of  the  sd  intima°n  containing  the  day  for 
electione  affixed  on  the  sd  Croce,  the  Freeholders  being  Protestants  and 
having  the  value  of  lands  requyred  by  the  law  for  making  electione,  the 
Comissrs  being  Protestants  without  any  other  exception  or  limitation, 
as  the  sd  letter  of  the  sd  date  forsd  bears:  In  obedience  to  which  order 
and  intimati°n  accordnglie  given  at  the  haill  paroches  kirks  off  the 
shyre  for  the  Barrens  and  Freeholders  to  meit  this  day  and  place  in  order 
to  the  choising  off  the  sds  Comissioners,  conveened  the  Barrens  and 
Freeholders  following,  as  they  who  hes  privilege  and  power  be  the  act 
of  Parliament  in  election  off  Comissioners  drawen  upon  a  subscryved 
list  and  heir  ingrossed  in  maner  under  wrttin,  to  witt  Sr  Patrick  Ogilvye 
of  Boyn  on  off  the  Senators  of  the  College  of  Justice,  Sr  John  Gordon 
off  Park,  Knight  and  Barronet,  Sr  James  Baird  of  Auchmeden,  Sr 
George  Gordon  of  Edinglassie,  Alex1  Gairden  of  Troup,  Mr.  George 
Meldrum  of  Cromby,  Walter  Steuart  of  Boige,  Alexr  Duff  of  Bracco, 
Mr.  William  Joass  of  Colynvart,  George  Keith  off  Northfeild,  Captain 
James  Ogilvye  off  Neytherdaill,  Robert  Grant  of  Dunlugus, 

,  Anderson  of  Westertone,  John  Ramsay  of  Melrosse, 
James  Ogilvye  off  Baldavye  and  George  Leslye  off  Birdsbank.  ' 

PATRICK  OGILVIE. 
GEO.  LESLYE,  els. 2 

In  the  next  place  before  proceeding  to  the  election  off  the  Comissioners 
it  wes  objected  against  Westertounc  that  he  can  not  have  vote  in  the 
forsd  election,  because  he  is  denuded  of  an}-  right  he  can  pretend  to  his 
lands  in  favors  off  Richard  Maitland,  donatur  to  his  forfaultur,  who 
stands  infeft  publicklie  yrin  under  the  great  seall,  and  he  not  present. 
Secondlie,  any  right  he  hes  or  could  pretend  yrto  before  he  wes  denuded 
holds  off  the  Lo  of  Balveny,  and  by  particular  act  of  the  Excheqr 
reserving  right  of  the  superiortie  to  the  superiors  of  Balveny,  and  yr 
ane  decreit  off  the  Lords  of  Session  standing  against  him  and  the  sds 
lands  for  ther  fewdeutie  of  the  same  :  Qrupon  instruments  wes  taken  be 
my  Lord  Boyn  and  Bracco  as  having  right  to  the  sd  superioritie.  To 

'Here  follow  deleted  the  words— "and  Adam  Innes  of  Towiebeg." 
3  CIs.  contraction  for  clericns. 


BOYNE   AND    BRACCO    ELECTED   COMMISSIONERS    OF   THE    SHIRE.      73 

the  which  it  wes  ansercd  by  Wcstertoun  that  he  hes  a  right  from  the 
true  heritor. 

Therafter  the  saids  Barrons  and  Freeholders,  after  mature  deliberation 
reasoning  and  voting  amongst  themselves,  they  be  pluralitie  off  votes 
did  elect  nominat  and  choise,  and  be  thir  pntis  elects  nominats  and 
choises  the  sd  Sr  Patrick  Ogilvye  of  Boyn  and  Alex1'  Duff  off  Bracco  to 
be  Comissioners  for  them  and  the  sd  shyre,  to  keep  and  attend  the  said 
meiting  of  the  Convention  off  Estates  to  be  holden  at  Edr  the  sd 
fourteint  day  of  Merch  instant,  giving  and  granting  to  them  ther  full 
power  warrand  and  comission  to  sitt  vot  reason  treat  and  conclude 
upon  all  maters  that  shall  be  proponed  debait  and  agente  in  the  sd 
Convention,  fullie  and  alsc  frcelie  as  any  other  Comissioner  or  Member 
in  the  sd  Convention  shall  doe,  ratifieing  all  and  \\hatsomever  the  sds 
Comissioners  shall  doe  yranent. '  In  testimonie  qroff  thir  pntis  are 
subt  be  the  sd  Sr  Patrick  Ogilvyc  of  Boyn  and  George  Lcslye  of  Burds- 
bank  Shreff  Clerk  allowing  alwaycs  lykas  they  allow  to  the  sds 
Comissioners  the  charges  granted  and  allowed  to  them  be  the  act  off 
Parliament  and  conformc  yrto  in  all  poynts. 

PATRICK  OGILVIE. 

GEO.  LESI.YE,  els. 

ANDERSON  OE  WESTERTOUNE. 

The  following  sasine  minutes  throw  some  light  on  the  Andersons  ot 
Westertoune,  Botriphnie,  an  estate  now  and  for  long  in  the  hands  of 
the  Duffs  of  Drummuir.  Issobell  Douglas,  wife  of  James  Anderson, 
was  a  daughter  and  co-heir  of  Dr.  Alexander  Douglas,  Provost  of 
Banff  and  Sheriff  of  the  county,  a  covenanter  and  a  supporter  of 
Cromwell's  rule.  The  two  extracts  from  Lord  Fountainhall's  notes 
show  that  their  son,  young  Anderson,  referred  to  in  the  above  minute 
of  1689,  had  inherited  similar  views. 

23  January,  1665. — Seasing  Johne  Andersone,  now  of  Arbreak,  of 
the  toune  and  lands  of  Midle  and  Easter  Ardbrake,  Slagraney, 
Shenwall,  and  croft  of  land  called  ye  Letache  myln  and  mylnlands  of 
Ardbrake,  \v'  the  foure  oxegate  lands  of  the  Davauch  of  Auchmadies, 
He  and  Dask  w'in  ye  Kirk  of  Botriffnie. 

10  Nov.,  1665. — Seasing  Mr.  Patrick  Andersone,  near  of  Ardbrake, 

1  Here  is  deleted  a  clause  stipulating  that  the  Commissioners  give  their  services  gratis. 

K 


74 


RECORDS    OF    THE    COUNTY    OK    BANFF. 


of  the  two  oxengatte  toune  and  lands  of   Newfortrie,  uyrevvays  callit 
New  Cranoch. 

November,  1666. — Saising  Issobell  Douglas  off  and  upon  the  just 
and  cquall  half  off  the  toune  and  lands  of  Slogmoholl,  and  toune  and 
lands  of  Breauch  and  uthers. 

6th  November,  1667. — Saising  Issobell  Douglas,  spous  to  James 
Andcrsone  of  Westertoune,  of  all  and  haill  the  toune  and  lands  of 
Westertounc  of  Ardbrek,  Ardbroddine,  mylne  of  Ardbroddine,  mylne 
lands,  toune  and  lands  of  Lochend  and  Ryzell,  and  uthers. 

26th  ffebrj,  1668. — Saising  James  Andersone  of  Westertoun  off 
all  and  haill  the  toune  and  lands  of  Lochend,  and  uthers. 

.24  Maij,  1668. — Saising  James  Andersone  of  Westertoune  of  the 
toune  and  lands  of  Slogmoholl,  toune  and  lands  of  Breach,  the  toune 
and  lands  coinonlvc  called  Meiklc  and  Litlc  Dytach,  and  uthers. 

26  Maij,  1670. — Saising  given  to  James  Andersone  off  Wester- 
toune of  all  and  haill  the  toune  and  lands  of  Wester  Ardbreck, 
Midle  Ardbreck,  Slagrana,  Shanvell,  Master  Ardbreck,  mylne 
yroff,  Ardbrodine  . 

Anderson,1  younger  of  Westertown,  is,  upon  Duff  of  Bracco's 
delation  to  the  Chancellor,  imprisoned  in  Edinburgh  Tolbooth,  for 
treasonable  words  in  the  tavern,  at  a  glass  of  wine,  by  asserting  the 
lawfulness  of  defensive  weapons  against  tyranicall  principles,  and 
impugning  the  King's  absolute  power,  assumed  in  the  late  Proclaima- 
tion  of  Toleration  implyed ;  immediately  a  proces  of  Treason  is  raised, 
and  his  compearance  to  be  28th  of  March ;  he  raised  an  exculpation 
on  thir  grounds,  that  anything  that's  past  wes  but  problematick  only 
for  argument ;  and  the  witnesses  were  in  law  inhabile,  Bracco 
bearing  him  mortall  hatred,  and  had  appealed  him  to  a  duell,  though 
they  were  now  drinking  together;  and  Dunbar,  Session  Clerk  of 
Elgine,  one  of  the  witnesses,  stands  infamous  in  a  sentence ;  he  was 
willing  to  take  the  new  oath,  and  the  Cause  is  continued,  i6th 
March,  1687. 

Anderson 2  of  Westertown,  having  come  in  the  King's  mercy  for 
treassonable  words  delated  by  Duff  of  Bracco,  is  forfeited,  a6th  July, 
1687. 

1  Fountainhall's  "Chronological  Notes,"  p.  213. 
Do.  do.  p.  219. 


THE  REVOLUTION  IN  BANFFSHIRE,  MARCH,  1689-1691.          75 

COUNTY  GOVERNMENT  IN  BANFFSHIRE  DURING  THE  REVOLUTION 
FROM  MARCH  1689  TO  1691. 

The  Rising  of  Dundee  in  1689  and  the  subsequent  operations  in  the 
field  by  the  Highlanders  under  Cannan  and  Buchan,  which  flickered 
out  in  1691,  had  disorganised  the  county  government.  At  the  Pasch 
Head  Court  of  the  county  on  5th  April,  1689,  when  the  settlement  of 
the  Crown  was  still  in  suspense,  neither  of  the  conjoint  Sheriffs  had 
attended  to  constitute  the  court ;  and  the  Clerk  was  content  merely  to 
mark  the  roll,  on  which  the  laird  of  Troup  alone  appears  as  being 
present,  five  others  only,  including  Lord  Boynd,  having  sent  excuses. 
In  October,  at  the  Michaelmas  Head  Court,  the  same  year,  there  \vas 
still  no  Sheriff  in  attendance ;  and  the  Clerk  did  not  even  make  any 
markings  on  the  roll  of  those  who  were  present  or  sent  excuses,  if  any, 
or  who  were  absent.  At  the  Pasch  Head  Court  on  25th  April,  1690, 
just  on  the  eve  of  the  fight  at  Cromdale,  though  no  representative  of 
the  King  was  present,  there  were  personally  present  the  laird  of  Troup, 
Mr.  Thomas  Meser  of  Todlaw,  John  Abernethy  of  Meyan,  and  Mr. 
William  Joass  of  Colleonward.  The  Earl  of  Airly  \vas  present  by 
proxy;  and  the  Duke  of  Gordon,  Lord  Oliphant,  Lord  Boynd,  Lord 
Auchintouel,  the  laird  of  Auchmedden  Sheriff  Principal,  the  laird  of 
Edinglassie  Sheriff  Principal,  the  laird  of  Dunlugas,  the  laird  of 
Buckye  and  Alex1  Duff  of  Bracco  sent  excuses.  At  the  Michaelmas 
Head  Court  on  jrd  October,  1690,  there  attended  the  Earle  of  Airly, 
the  laird  of  Park,  the  laird  of  Killmachleone,  the  laird  of  Bogny,  Mr. 
Thomas  Macer  of  Todlaw,  David  Cruickshank  of  Balnoon,  John  Aber- 
nethie  of  Meyan,  Mr.  William  Joass  of  Colleonvarcl,  John  Innes  of 
Edingeith  and  Birkenburn.  At  neither  of  the  Head  Courts  of  1690 
therefore  did  any  Sheriff  attend.  Whatever  may  have  been  the  case 
with  Sir  James  Baird  and  the  Sheriffs-depute,  Sir  George  Gordon  was 
probably  too  busily  engaged  in  the  field  to  attend  to  his  judicial  duties. 

SIR  GEORGE  GORDON  OF  EDI\(;LASSIE. 

Major-General  MacKay,  writing  to  Lord  Melvill,  Secretary  of  State 
for  Scotland,  on  lath  October,  1689,  says1: — I  pray  your  Lordship  to 
mynd  the  master  of  Forbes,  who  hath  shewed  as  much  affection  to 
their  Majesties  service  and  the  present  cause  as  any  man  in  Scotland ; 
as  did  also  Sir  George  Gordon  of  Edinglassie,  who  were  very  instru- 
mentall  to  keep  Aberdonc  and  Bamffshires  from  joyning  the  ennemy 
when  I  was  ingadged  against  them  with  small  forces,  before  som  was 

'The  "Memoirs  of  General  Mac  Kay,"  Appendix,  p.  287. 


76  RECORDS   OK   THE    COUNTY   OF    BANFF. 

got  on  foot.  I  have  no  intrest  therin  but  the  Kings  service,  for  they 
are  neither  my  relations  nor  acquaintance  till  the  occasion  of  his  service 
by  distinguishing  themselves  therin  did  make  them  known  to  me. 

Writing  later,  on  3ist  October,  1689,  General  MacKay  continues1 — 
"  My  Lord,  Sir  George  Gordon  of  Edinglassie  having  distinguished  him- 
self in  affection  and  readynesse  upon  all  occasions  to  serve  his  Majestic 
and  the  interest  of  the  Protestant  religion,  and  the  Pryvy  Counsell 
upon  the  reiterat  reports  which  I  made  of  his  unwearyed  zeale  and 
pains  for  the  advancement  of  their  Majesties  service,  having  recom- 
mended him  for  the  first  vacant  troop  among  the  hors  or  dragouns, 
and  now,  the  Laird  of  Blair  being  dead,  I  pray  your  Lordship  to 
recommend  him  for  his  troop.  It  will  shew  others  that  his  Majestic 
is  not  insensible  of  honest  mens  services,  and  be  more  serviceable  in 
his  hands  then  any  two  of  the  rest,  for  he  is  a  brauve  slurring  man, 
besydes,  my  Lord,  that  he  hath  got  a  considerable  losse  in  his  hous 
and  lands  which  were  intirely  plundered,  when  I  was  oblidged  to  make 
a  retreat  of  2  or  3  dayes  this  soumer  before  the  Highlanders  to  joyn 
more  forces,  at  which  tyme  he  abandoned  hous  and  all  to  cum  joyn 
mce.  I  pray  you,  my  Lord,  let  it  not  goe  by  him.  The  old  man  that 
commands  it  provisionally  is  not  so  fit.  I  can  assure  you  none  in 
Scotland  will  do  more  service  upon  the  head  of  it  then  hee." 

Before  Killiecrankie,  when  MacKay  in  June  1689  retreated  before 
Dundee  from  Culnakyle  in  Strathspey  via  Balvenie  Castle  to  Suyhill  in 
Strathdon,  he  had  been  assisted  in  Banffshire  by  Edinglassie.  On  that 
occasion  Edinglassie's  house  was  plundered  and  burnt.  Later,  in 
August,  after  Killiecrankie,  when  MacKay  was  operating  in  Strathbogie 
and  near  Auchindoun  Castle  against  the  Jacobites  under  Cannan, 
Edinglassie  rendered  him  effective  service.  2  He  received  the  commis- 
sion recommended  on  i8th  December,  i68g.3  In  the  interval  between 
the  Michaelmas  Head  Court  of  1690,  and  22nd  January,  1691,  Sir 
George  Gordon  of  Edinglassie  dropped  from  the  suite  roll,  having 
died  at  his  low  country  estate  of  Carnousic,  Forglen.  According  to  the 
author  of  the  Balbilhan  Manuscript, 4  Sir  George  Gordon,  Captain  of 
the  Independent  Troop  of  Horse  that  belonged  to  the  Earl  of  Annan- 
dale,  "dyed  att  Carnousie,  and  was  honourably  and  splendidly  buried 

"  The   Memoirs  of  General   MacKay,"  Ap|>endix,  p.   293. 

"  Seafield  Correspondence,"  Scottish   History  Society,  pp.   53,  54. 
•"Warrant  Books  (Scotland),   Vol.   XIV.,  p.   244. 
*  "The  House  of  Gordon,"  Vol.  I.,  p.  38. 


SIR   GEORGE    GORDON    OF    EUINGLASSIE.  77 

in  the  Isle  of  Corncairn  or  Ordewhill,  his  whole  Troop  in  mourning 
and  a  great  retinue  of  his  friends  accompanying  his  Interment  with 
all  Martial  solemnitie." 

The  following  extract  from  the  manuscript  minutes  of  the  Privy 
Council  of  Scotland,  while  dealing  with  the  case  of  his  son  Captain 
George  Gordon,  relates  Edinglassic's  sufferings  after  Killiecrankie. 

REFERENCE  ANENT  GEORG  GORDOUNE. 

At  Edinburgh,  22nd  January,   1691. 

Anent  a  petition  given  in  to  the  Lords  of  their  Majesties  Privy 
Councell  be  George  Gordoun  of  Carnousie,  one  of  the  present  Captains 
in  the  Laird  of  Grant's  regiment,  shewing  that  quher  by  their  Majesties 
proclamation  of  the  tuenttie  sixth  of  December  last  not  only  the 
souldiers  but  also  the  officers  under  the  comand  of  the  Earle  of 
Glencairne,  the  Viscount  of  Kenrnuir  and  the  Laird  of  Grant,  the 
thrie  regiments  are  appoynted  to  repaire  to  the  garrisone  of  Inver- 
lochie,  by  which  proclamation  in  question  it  was  supposed  none  of  the 
companies  of  those  regiments  were  ther,  wheras  the  petitioners 
company  and  himself  and  inferior  officers  were  alhvayes  and  yet 
remaine  ther,  and  the  petitioner  by  reasone  of  his  indispositione  of 
body  and  want  of  health  had  a  forloft '  from  his  supream  officer,  and 
in  respect  Sir  George  Gordon  of  Edinglassic,  the  petitioner's  father, 
who  was  a  Captain  of  horse  in  their  Majesties  service  and  dyed 
therin  of  late,  and  by  reasone  of  his  service  suffered  in  great  by  the 
Highlanders  who  were  in  armes  against  the  government,  having 
pllundered  his  house  and  pilladged  and  brunt  his  lands,  and  also  in 
respect  the  petitioner's  elder  brother2  is  now  at  Vinniece  att  his 
travells  and  that  leist  his  affairs  by  his  absence  might  suffer,  the 
petitioner  was  necessitat  during  the  tyme  of  his  forlofft  to  come  to 
Edinburgh  and  consult  how  his  affairs  should  be  manadged  and 
cannot  quickly  goe  to  the  place  without  great  detriment  to  his 
brother's  intrest,  and  lastly  in  respect  the  petitioner's  company  is 
allready  at  Inverlochy,  and  if  to  be  disbanded  his  oune  presence  can 
signirie  nothing  how  willing  so  ever  he  goe  and  as  he  will  if  their 
Lordshipps  think  it  convenient,  and  is  resolved  to  stopp  over  all 

1  Furlough,  fruin  the  Dutch  Verlof. 
^Julin  Gordon. 


78  RECORDS  OF  THE  COUNTY  OF  BANFF. 

trowble  and  loss  that  otherwayes  may  therby  fall  out  to  his  brother 
and  his  affairs,  and  therfore  craving  their  Lordships  to  take  the 
premises  to  their  serious  consideration  and  to  dispence  with  the 
petitioners  going  to  Inverlochie  since  the  company  is  and  have  been 
from  the  beginning  ther,  and  the  Leivtenant  and  Ensigne  being  ther 
will  doe  all  that  the  petitioner  can  doe  were  he  ther  himself.  But  all 
this  is  craved  in  cace  of  so  great  necessity  and  yet  with  submission 
to  their  Lordships  will  and  pleasure  by  which  he  resolves  to  be 
determined  aither  to  stay  or  goe  as  the  said  petition  bears.  The 
saids  Lords  of  their  Majesties  Privy  Councell  having  considered  the 
above  petition,  they  reinitt  the  samen  to  Sir  Thomas  Livingstoune, 
Commander  in  Cheif  of  their  Majesties  forces  in  this  kingdome.  to 
doe  therin  as  he  shall  think  titt. 

S()MK    01-    THE    B.\ XFFSH IRE    B.VKONS    DURING    THE    REVOLUTION. 

The  Duke  of  Gordon,  after  his  surrender  of  Edinburgh  Castle  in 
June,  1689,  proceeded  to  London,  where  he  made  more  formal  sub- 
mission to  King  William.  His  excusing  himself  from  attendance  at  the 
Pasch  Head  Court  at  the  count}'  in  1690  indicated  his  continued 
acquiescence  in  the  new  regime.  Next  year,  however,  he  visited  the 
exiled  Stuart  court  at  St.  Germains,  where  he  was  coldly  received. 
This  visit  must  have  made  him  suspect,  and  on  his  retiral  to  Switzerland 
he  was  arrested  there  at  the  instance  of  William's  government  and 
conveyed  to  Scotland.  On  lyth  April,  1691,  he  was  undergoing  this 
confinement.  He  was  in  course  liberated  ;  but  during  William's  reign 
lie  was  on  several  occasions  imprisoned  on  account  of  his  suspected 
Jacobite  tendencies. 

The  Earl  of  Erroll  and  the  Earl  Marischal  continued  in  their  correct 
attitude  towards  the  new  regime,  in  which  they  had  early  acquiesced. 
Earl  Marischal  was  indeed  soon  active  in  support  of  it,  being  one  of  the 
members  of  the  Commission  appointed  by  Parliament  in  1690  to  visit 
the  Scottish  Universities.  He  was  one  of  the  Committee  who  inquired 
into  the  state  of  the  Universities  of  Aberdeen  that  year  when  the 
Westminster  Confession  was  imposed  upon  the  Professors.  He  died 
in  1694. 

James,  Earl  of  Airlie's  tendencies  were  Jacobite,  but  his  restraint 
during  the  rising  of  Dundee  in  Edinburgh  by  the  Convention  kept  him 
out  of  the  struggle.  His  attendance  at  the  Michaelmas  Head  Court 
of  the  Freeholders  of  Banffshire  in  1690  indicates  an  acquiescence, 
however  reluctant  it  may  have  been,  in  the  new  regime.  By  1700  he 


BANFFSHIKE    BARON'S    DURING    THE    KF.VOI.l'TION.  jy 

lost  his  holding  in  Banffshirc,  which  was  principally  acquired  by  the 
rising  family  of  Fife ;  and  the  name  and  ruin  of  the  Lodging  of  Airlie 
in  the  Duff  House  gardens,  Banff,  now  alone  perpetuate  the  connection 
of  this  old  family  with  the  count}-. 

The  attitude  of  James,  Earl  of  Findlater,  was  a  reflection  of  that  of 
his  abler  son,  James  Ogilvie,  who  was  soon  to  absorb  the  influence  of 
his  house  in  the  county  and  to  stand  high  in  the  counsels  of  William. 

William,  Earl  of  Buchan,  had,  early  in  1689,  joined  King  James  in 
Ireland.  He  was  one  of  the  Scots  officers  \vho  came  over  to  Lochaber 
in  July  that  year  with  reinforcements  under  Cannan  to  support  Dundee, 
and  fought  at  Killiecrankie.  They  came  over  in  three  French  men  of 
war;  and  an  interesting  account  of  the  defeat  of  the  Scots  naval 
squadron  of  two  ships,  the  Pelican  and  Janet,  which  tried  to  stop  their 
passage,  by  these  French  ships  is  given  at  pages  26-30  of  the  Editor's 
"Old  Scots  Navy,  1912."  Along  with  Viscount  Frcndraught  and 
,  other  Jacobites  he  surrendered  at  Federate  Castle  in  the  spring  of  1690. 
He  was  included  in  the  process  of  forfeiture  instituted  by  Parliament 
in  May  that  year  against  the  heads  of  the  rebellion,  and  on  ijth  June 
the  libel  was  found  proved  against  him.  On  I4th  [uly,  the  Lord 
Advocate  intimated  that,  as  the  Earl  had  lately  been  taken  prisoner, 
he  did  not  insist  on  his  forfeiture.  The  following  extracts  from  the 
Privy  Council  Minutes  throw  light  on  the  fallen  fortunes  of  Fren- 
draught  and  Buchan  during  their  confinement  bv  the  Government. 
Buchan  died  in  Stirling  Castle  in  1695. 

WAKRAXD  FOR  TRANSPORTING  THK  VISCOUNT  OF  FRKNDRAUGHT. 

At   Edinburgh,   I5th  January,   1691. 

The  Lords  of  their  Majesties  Privy  Councell  doe  hcrby  recom- 
mend to  and  requyre  Sir  Thomas  Livingstoune,  Comander  in  Chief  of 
their  forces  within  this  kingdome,  to  cause  send  from  Monross  to  the 
Castle  of  Edinourgh  under  a  sufficient  guard  Luies,  lait  Viscount  of 
Frendraught,  and  ordaines  the  magistrals  of  Monross  and  keeper  of 
their  tolbooth  to  delyver  the  late  Viscount  to  the  said  guarde,  and 
appoyntes  the  said  Sir  Thomas  to  give  in  to  the  clerks  of  Privy 
Councell  a  list  of  all  such  persones  as  are  prisoners  in  the  tolbooths 
of  Monross,  Inverness,  Aberdein  and  Dundie  upon  the  accompt  of 
being  in  armes  for  rebellion  against  their  Majesties,  and  that  betuixt 
and  Teusday  nixt,  and  recomends  to  the  governour  and  in  his  absence 
requyres  the  Leivtenant  governour  of  the  said  Castle  of  Edinburgh 


80  RECORDS  OK  THE  COUNTY  OF  BANFF. 

to  reccavc  the  said  Viscount  of  Frcndraught  prisoner  and  detaine 
him  therin  till  further  ordor. 

ACT  THE  VISCOUNTESS  OF  FRENDRAUGHT. 

At  Edinburgh,  5th  March,  1691. 

Anent  a  petition  given  in  to  the  Lords  of  their  Majesties  Privy 
Councell  shewing  that  the  petitioner's  husband  had  ane  very  mean 
and  inconsiderable  aliment  of  six  hundreth  merks  Scotts  yearly  with 
the  benefite  of  the  house  yeards  and  some  litle  parks  and  meadowes 
belonging  thcrto  aliened  to  him  of  the  liferent  and  joynture  of 
Christian,  Viscountess  Dowager  of  Frendraught,  his  sister-in-law 
both  in  respect  that  the  said  Dowager  did  liferent  the  whole  free 
state  and  fortune  of  the  petitioner's  husband  belonging  to  him  as  the 
only  nearest  air  of  the  family,  and  lykewayes  for  several!  other  serious 
causes  and  considerationes  moving  the  then  Lords  of  Privy  Councell 
thcrto,  which  mean  aliment  being  all  the  sustenance  and  mean  of 
livelyhood  the  petitioner  did  enjoy  since  the  date  of  the  said  decreit 
which  is  the  day  of  jn'vic  and  eight}'  years,  and 

upon  the  forefaulture  of  the  petitioner's  husband  the  same  is  not 
only  sequcstrat  by  the  saids  Lords  ordor  but  ther  is  lykewayes  ane 
chamberland  and  factor  \\x.  .  .  .  Turnbull  of  Standhill  appoynted 
for  uplifting  this  poor  aliment,  which  having  been  laboured  by  the 
petitioner  her  oune  propper  bestiall  and  souen  with  her  oune  cornes, 
the  petitioner  is  informed  that  the  said  Turnbull,  chamber- 

land,  appoynted  by  the  saids  Lords  did  extreamly  threatten  and 
minace  the  petitioner's  greive  who  hes  the  oversight  of  this  poor 
labouring  not  only  to  give  him  ane  inventar  but  lykewayes  to  delyver 
and  putt  in  his  hands  the  haill  outsight  and  insight  plenishing  be- 
longing to  the  said  lauboring  besyds  what  other  bestiall  belongs  to 
the  petitioner,  and  which  by  her  oune  Industrie  while  her  husband 
was  out  of  the  way  did  acquyre,  so  that  it  is  left  to  the  saids  Lords 
to  judge  what  miserable  conditione  the  petitioner  will  by  this  means 
be  brought  to  being  depryved  of  her  very  bread,  and  it  is  but  needless 
for  her  to  express  the  miserable  and  sad  calamities  which  will 
undoubtedly  ensue  to  the  petitioner  if  their  Lordships  out  of  their 
tender  compassion  to  ane  poor  miserable  distressed  lady  doe  not 


VISCOUNT   AND   VISCOUNTESS    FRF.NDRAUGHT.  8l 

iind  out  ane  remedy,  and  the  petitioner  being  incouradged  to  apply 
to  the  saids  Lords  out  of  the  confidence  she  hes  of  their  goodness 
and  charity  quhich  the  petitioner's  circumstance  does  londely  call  for, 
and  lykewayes  considering  their  Lordships  bounty  and  benevolence 
formerly  extended  to  others  upon  the  lyke  application,  whom  the 
petitioner  thinks  she  need  not  name,  the  acts  of  their  Lordships 
indulgence  and  favour  towards  them  being  so  fresh  and  recent,  the 
petitioner  cannot  but  think  that  the  saids  Lords  will  be  also  favour- 
able in  preserving  to  her  this  her  poor  myte  which  is  all  she  aither 
hes  or  can  pretend  to  in  the  wordle  for  her  lyvelyhood,  and  without 
which  she  cannot  but  expect  to  be  exposed  to  the  fatall  hazard  of 
the  miserie  yea  of  starving  itself,  and  therfore  humbly  craving  their 
Lordships  to  take  her  deplorable  condition  to  their  serious  considera- 
tion and  to  allow  her  the  benefite  of  this  poor  aliment  and  to  grant 
warrand  for  discharging  the  said  Turnbull,  their  factor, 

from  trowbling  or  molesting  the  petitioner  in  the  possession  of  this 
her  mean  aliment,  which  can  be  of  noe  import  to  the  government 
being  soe  inconsiderable),  and  lykewayes  from  threatning  and  minacing 
the  petitioner's  servants  and  lauborers  or  mcdling  or  intrometting 
with  any  pairt  of  her  poor  stock  upon  the  ground  that  so  by  their 
Lordships  clemency,  bounty  and  compassion  the  petitioner  may 
enjoy  that  without  which  it  is  impossible  for  her  to  subsist  as  the 
said  petition  bears.  The  saids  Lords  of  their  Majesties  Privy 
Councell  having  considered  the  above  petition  presented  to  them  be 
the  Viscountess  of  Frendraught,  they  heirby  approve  and  continow 
the  petitioner's  possession  of  the  above  aliment  of  six  hundred  merks 
yearly  for  the  cropts  and  years  of  God  jmvic  nyntic  and  jmvic  and 
nyntie  one,  and  allowes  the  petitioner  to  labour  the  lands  formerly 
possest  be  her  for  the  forsaid  aliment,  and  appoyntes  the  above 
Turnbull,  chamberland,  appoynted  for  uplifting  the  rents 
of  the  saids  lands,  to  repay  to  the  petitioner  what  he  has  uplifted 
therof  for  the  forsaids  years  and  to  restore  and  delyver  back  againe 
to  her  and  her  tennents  the  lauboring  goods  of  the  saids  lands 
intrometted  with  be  him  for  the  saids  tuo  years  and  discharges  him 
to  trowble  or  molest  the  petitioner  or  her  tennents  in  the  peacable 
labouring  occupying  and  possessing  the  samen  during  the  saids  tuo 
years. 

L 


82  RECORDS  OF  THE  COUNTY  OF  BANFF. 

WARRAND  FOR  TRANSPORTING  THE  EARLE  OF  BUCHAN  AND 
VISCOUNT  OF   FRENDRAUGHT  FROM    EDINBURGH  TO   STIRLINE. 

At  Edinburgh,  the  aist  July,  1691. 

The  Lords  of  their  Majesties  Privy  Councell  doe  heirby  recomend 
to  Sir  Thomas  Livingstoune,  Comander  in  Cheif  of  their  Majesties 
forces  within  this  kingdome,  to  cause  transport  under  a  sufficient 
guaird  from  the  Castle  of  Edinburgh  to  the  Castle  of  Stirline  the 
persones  of  Earle  of  Buchan  and  Leuis,  Viscount  of 

Frendraught,  and  recomcnds  to  David,  Earlc  of  Leiven,  Governour 
of  the  Castle  of  Edinburgh,  and  in  his  absence  ordaines  the  Leiv- 
tenant  Governour  or  nixt  comanding  officer  ther  to  delyver  the  said 
Earlc  and  Viscount  to  the  said  guaird,  and  ordaines  Captaine  Johne 
Erskine,  Leivtenant  Governour  of  the  Castle  of  Stirline  and  in  his 
absence  the  nixt  commanding  officer  thcr  to  receave  the  said  Earle 
and  Viscount  from  the  said  guaird  and  to  detaine  them  prisoners  in 
the  said  Castle  of  Stirline  untill  fardcr  ordor. 

ACT  VISCOUNT  FRENDRAUGHT. 

At  Edinburgh,  25th   February,   1692. 

Anent  the  petitione  given  in  to  the  Lords  of  there  Majesties  Privie 
Counsell  be  Lodovick,  Viscount  of  Frendraught,  shewing  that  ever 
since  the  surrender  of  the  house  of  Feddcrett,  the  petitioner  has  been 
keeped  prisoner  and  all  the  rest  that  were  included  in  the  articles  of 
capitulation  being  sett  at  liberty,  and  the  petitioner's  lady  haveing 
only  six  hundreth  mcrks  out  of  the  estate  of  Frendraught  which 
cannot  mantainc  him  and  her  both,  and  never  haveing  hade  ane  six 
pence  from  the  publict  since  his  imprisonement,  and  therefore  humbly 
craveing  that  there  Lordships  would  be  pleased  aither  to  ordaine 
the  petitioner  to  be  set  at  liberty  upon  his  finding  cautione  to  appear, 
when  called  or  otherwayes  to  allow  him  such  ane  competent  aliment 
as  is  agreeable  to  his  rank  and  quality  as  the  said  petitione  bears. 
The  saids  Lords  of  there  Majestyes  Privie  Counsell  haveing  con- 
sidered this  petition  given  in  to  them  by  the  above  Viscount  of 
Frendraught  they  superceed  to  give  any  answer  therto  untill  his 
Majestyes  pleasure  be  knowen  in  the  above  matter  in  respect  the 


VISCOUNT   FRENDRAUGHT.  83 

Viscount  hes  not  imbraced  the  benefite  of  there  Majestyes  indemnity, 
and  in  the  meantyme  appoints  ane  authentique  coppie  or  extract  of 
this  petitione  under  the  hands  of  the  clerks  of  Counsell  to  be  trans- 
mitted to  the  Secretaries  of  State  that  they  may  acqnant  there 
Majesties  there  with. 

LIBERATIONS  VISCOUNT  FRENDRAUGHT. 

At  Edinburgh,  8th  December,  1692. 

Anent  the  petitione  given  in  to  the  Lords  of  there  Majesties  Privie 
Counsell  be  Lodovick,  Viscount  of  Frendraught,  shewing  that  where 
the  petitioner  being  still  prisoner  since  the  surrender  of  the  Castle 
of  Fedderet  yet  he  cannot  but  acknowledge  his  sence  of  gratitude 
which  the  saids  Lords  were  pleased  to  grant  him  by  the  late  enlarge- 
ment, and  in  respect  that  the  petitioner  has  little  or  nothing  to  live 
upon  and  that  some  of  his  relationes  are  dyeing  which  would  be  a 
great  loss  to  him  if  he  should  not  be  present  befor  they  dyed,  and  in 
regaird  that  Sir  Thomas  Livingstoun  by  there  Lordships  order 
allowed  the  petitioner  to  use  all  means  for  his  releasment  aither  by 
exchange  of  prisoners  in  France  or  any  other  way  the  supplicant 
could  fall  upon,  as  ane  double  of  a  letter  direct  from  the  said  Sir 
Thomas  to  the  petitioner  produced  with  the  said  petitione  hes 
testifyed,  and  seeing  that  there  is  only  six  hundred  merks  allowed 
to  the  petitioner's  ladie  which  cannot  mantaine  them  both,  and  that 
all  the  prisoners  that  were  taken  in  the  house  of  Fedderet  are  sett 
at  libertie,  and  therefore  craveing  to  the  effort  underwritten  as  the 
said  petitione  bears.  The  saids  Lords  of  there  Majesties  Privie 
Councill  haveing  considered  this  petitione  given  in  to  them  be  the 
above  Viscount  of  Frendraught,  they  hereby  grant  order  and  warrand 
to  the  deputie  Governour  of  the  Castle  of  Stirling  and  in  his  absence 
to  the  nixt  comanding  officer  there  to  sett  the  petitioner  at  liberty 
furth  of  the  said  Castle  in  respect  he  has  found  sufficient  cautione 
acted  in  the  books  of  Privie  Councill  that  he  shall  live  peaceablie 
under  and  with  all  submissionc  to  the  present  government  of  there 
Majesties  King  William  and  Queen  Mary,  and  that  he  shall  not  act 
consult  or  contryve  anything  in  prejudice  thereof  nor  shall  not  con- 
verss  nor  correspond  with  rcbells,  and  that  he  shall  appear  befor  the 


84 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


saids  Lords  upon  the  last  Tuesday  of  February  nixt  to  come  or 
sooner  if  he  shall  be  called  under  the  penaltie  of  ane  hundreth  pound 
sterling  in  case  the  petitioner  shall  transgress  in  any  pairt  of  the 
premises. 

LIBERATION  VISCOUNT  OF  FRENDRAUGH. 

At  Edinburgh,  i6th  February,  1693. 

Anent  the  petitione  given  in  to  the  Lords  of  there  Majesties  Privie 
Councell  be  Lodovick,  Viscount  of  Frendraught,  shewing  that  where 
the  petitioner  haveing  been  alwayes  prisoner  in  the  Castles  of  Edin- 
burgh and  Stirling  since  the  surrender  of  the  Castle  of  Fedderett, 
and  haveing  in  the  moneth  of  last  made  application  to 

the  saids  Lords  for  liberatione  for  some  tyme  for  goeing  to  the  north 
countric  about  his  private  affairs  and  particularly  for  ordering  some 
important  matters  betwixt  the  petitioner  and  a  very  near 

relation  who  was  then  adyeing,  which  the  saids  Lords  were  graciously 
pleased  to  grant  upon  the  petitioner's  finding  cautionc  to  re-enter  the 
twenty  sixth  instant,  and  since  the  said  hes  never  been 

yet  in  a  capacity  of  doeing  any  affairs  with  the  petitioner  by  reasone 
of  his  great  sicknes,  and  that  it  will  be  anc  great  loss  to  the  petitioner 
if  he  be  not  present  with  him  for  setlcing  his  affairs  befor  his  death 
which  is  every  moment  expected,  and  that  the  petitioner's  fortune 
being  so  mean  and  scarcely  able  to  mantain  him  and  his  family  even 
while  they  are  at  home  farr  less  to  defray  the  expenses  of  comeing 
south  and  being  confyned  to  prisone,  whereby  the  petitioner  will  be 
oblcidged  to  keep  two  familyes,  one  in  the  north  and  ane  other  in 
prisone,  and  neither  is  the  petitioner  able  to  defray  the  expenses  of  so 
frequent  applicatione  to  the  saids  Lords  in  renewing  his  baill  if  there 
Lordships  limite  the  petitioner's  day  of  re-entrie  to  so  short  a  tyme, 
and  therefore  craveing  to  the  effect  underwritten  as  the  said  petitione 
bears.  The  saids  Lords  of  there  Majesties  Privie  Councell  haveing 
considered  this  petitione  given  in  to  them  be  the  above  Lodovick, 
Viscount  of  Frendraught,  they  hereby  allow  the  petitioner  to  con- 
tinow  at  liberty  in  respect  he  hes  found  sufficient  cautionc  acted  in 
the  books  of  Privie  Councell  that  he  shall  live  peaceably  under  and 
with  all  submissione  to  the  present  government  of  there  Majesties 
King  \Villiam  and  Queen  Mary  and  that  he  shall  not  act,  consult  nor 


GEORGE,  THIRD  LORD  BANFF.  85 

contryve   anything   in  prejudice   thereof   nor  converse   or  correspond 

with  any  rebells,  and  that  he  shall  appear  befor  the  saids   Lords  of 

Privie  Councell  when  called  for  under  the  penalty  of  fyve  hundreth 

pound  sterling  in  case  he  shall  transgress  in  any  pairt  of  the  premises. 

George,  third  Lord  Banff,  who  succeeded  in  1668,  had  been  present 
at  most  of  the  county  Head  Courts  from  1668  to  1685.  How  it  came 
about  that,  Roman  Catholic  and  Jacobite  as  he  was,  he  was  absent  from 
all  these  courts  during  James's  reign  is  uncertain.  Certain  it  is  that 
during  William's  reign  he  continued  to  absent  himself  from  the  Head 
Courts  of  Freeholders,  while  he  does  not  appear  in  the  sederunt  of  any 
of  the  meetings  of  the  Commissioners  of  Supply.  In  August  1691 
though  in  possession  of  the  Privy  Council's  pass  he  was  imprisoned 
by  Colonel  Jackson  in  Aberdeen  in  the  circumstances  explained  by 
his  younger  brother  Alexander  Ogilvie  afterwards  Lord  Forglen  in 
the  following  letter  to  Sir  James  Ogilvie  son  of  the  Earl  of  Findlatcr 
dated  i5th  July  1691. '  'The  Earle  of  Craufoord  having  stoped  resig- 
nation to  be  made  upon  ane  dispositione  be  my  Lord  Bamff  to  me, 
upon  the  pretence  that  my  Lord  Bamff  was  in  the  rebellion,  qtch  is  a 
mistacke,  for  my  Lord  being  in  his  north  goeing  at  Forvie  was  by  ane 
partie  of  the  Hilanders  caried  to  there  camp  qhare  he  stayed  hardlie 
halfc  one  day,  and  thereafter  at  Aberdein  by  Jacksone  was  detained 
upon  inconciderat  expressiones  as  Jacksone  alleadged  and  my  Lord 
Bamff  still  deneyed ;  and  I  belive  all  proceed  from  my  Lord  Bamff  his 
being  in  drink  as  I  was  credablie  informed,  I  have  wreaton  to  the 
Veicecount  of  Arbuthnot  to  represent  the  caise  to  the  Earle  of  Crau- 
ford.'  Earlier  in  February  that  year  he  was  liberated  as  the  following 
Minute  of  the  Privy  Council  of  Scotland  shows: — 

WAKRAND  FUR  LIBERATING  THE  LORD  BANFF. 

At  Edinburgh,  26th  February,  1691. 

Forasmuch  as  the  Lords  of  their  Majesties  Privie  Councell  did  by 
their  act  of  the  date  the  third  day  of  February  instant  authorize  and 
appoyntc  Colonell  John  Buchan  to  reccave  from  the  persones  named 
in  the  said  act  who  surrendered  themselves  to  their  Majesties  mercy, 
and  were  then  under  guairds  and  baill  at  Aberdein  quhcrof  George, 
Lord  Banff  is  one,  bonds  with  sufficient  cautioners  that  they  shall 
live  peacably  under  their  Majesties  government  and  shall  not  consult 

'See  the  Editor's  "  Sealiclcl  Correspondence,"  pp.   71-2. 


86  RECORDS   OF   THE   COUNTY   OF    BANFF. 

nor  contryve  anything  in  prejudice  therof  and  shall  not  converss  or 
correspond  with  any  rebells  and  that  they  shall  appear  before  the 
Lords  of  Privy  Councell  when  called  for  each  of  them  under  the 
respective  penalties  contained  in  the  said  act,  and  discharged  the 
said  Collonell  to  sett  any  of  the  saids  persones  at  liberty  untill  he 
returne  the  saids  bonds  to  the  clerks  of  Privy  Councell  that  they 
might  report  the  same  to  the  saids  Lords  and  gett  their  Lordships 
approbation  and  \\arrands  for  liberating  of  the  saids  prisoners  as 
their  cautioners  should  be  alloued,  conforme  therunto  the  said 
Collonell  hes  returned  to  the  saids  clerks  ane  bond  subscrivit  be  the 
said  Lord  Banff  and  his  cautioner  therin  named  in  the  termes  of  the 
forsaicl  act  and  under  the  penalty  therin  and  in  the  said  bond  con- 
tained, which  bond  being  presented  to  the  clerks  of  Councell  to  the 
Lords  therof  and  they  having  considered  the  same,  they  approve  of 
the  said  bond  and  cautioner  therin  and  finds  the  same  to  be  conforme 
to  and  in  the  termes  of  the  above  act  both  as  to  the  baill,  penalty  and 
haill  tenor  of  the  same,  and  the  saids  Lords  authorizes  and  appoyntes 
the  saids  clerks  of  Councell  tc  give  out  ane  act  to  the  said  Lord 
Banff  ordaining  the  said  Collonell  Buchan  or  in  his  absence  the  nixt 
comanding  officer  at  Aberdein  under  whose  guairds  the  said  Lord  is, 
to  remove  the  saids  guairds  from  off  him  and  sett  him  at  liberty. 

Charles,  Lord  Oliphant  was  under  arrest  in  February,  1690.  The 
following  extract  from  the  MS.  Minutes  of  the  Privy  Council  of  Scotland 
deals  with  his  imprisonment  and  liberation  T : — 

ACT    IN    FAVOUR    OF    THE    LoRU    OLIPHANT. 

Edinburgh,  nth   April,  1690. 

Their  Majesties'  High  Commissioner  and  Lords  of  Privy  Council 
having  heard  a  petition  given  in  to  them  by  Charles,  Lord  Oliphant, 
craving  the  said  Lords  to  take  trial  of  the  cause  of  his  committment, 
and  in  case  it  was  found  that  he  was  innocent,  and  had  acted  nothing 
against  the  government,  to  grant  warrant  for  his  liberation  ;  the  said 
Lords  of  Secret  Council  do  recommend  to  Major  General  McKay  to 
write  to  Colonel  Liveingstone  for  an  account  from  him  or  Lieutenant 
Agnc\\ ,  who  apprehended  the  petitioner,  of  the  cause  for  which  he  was 

'See  also  llic  Editor's  "Sealield  Correspondence,"  p.   70. 


THE    LORD    OLIPHANT,    ETC.  87 

taken  into  custody ;  and,  in  the  meantime,  recommend  to  the  Earl  of 
Mortone  to  try  if  he  will  find  caution  for  his  peacable  behaviour  and 
appearance  when  called  in  the  ordinary  terms  under  the  penalty  of  two 
hundred  pounds  sterling,  which  he  doing,  grants  warrant  for  his 
liberation. 

On  i8th  April  he  was  liberated,  the  Earl  of  Morton  being  his 
cautioner.  He  was  fined  for  his  absence  from  the  Head  Courts  of  the 
county  frequently  during  William's  reign,  and  precepts  for  the  recovery 
of  the  fines  were  more  than  once  issued.  He  and  his  house  drop  from 
the  Banffshire  roll  of  Freeholders  in  1711.  Charles  Lord  Oliphant  was 
son  of  Patrick,  Lord  Oliphant,  and  Mary  Crichton  of  Frendraught. 
His  wife  was  Man7  Ogilvie  of  Milltoun,  Keith. 

Sir  Patrick  Ogilvie  and  Alexander  Gordon  of  Auchintoul  appear  shorn 
of  their  courtesy  titles  of  Lord  Boyne  and  Lord  Auchintoul.  On  2ist 
November,  1689,  a  new  bench  of  Judges  was  by  royal  prerogative 
appointed,  with  Sir  James  Dalrymple  as  Lord  President,  and  all  the 
old  Judges  except  three  were  superseded.  Lord  Boynd  and  Lord  Auch- 
intoul, two  Court  of  Session  Judges,  were  amongst  those  superseded. 

Lord  Auchintoul,  of  the  same  family  as  the  Cocklearachie  and 
Ardmeallie  Gordons,  on  2nd  September,  1661,  succeeded  to  the  family 
estate,  the  barony  of  Auchintoul  in  Marnoch,  on  the  death  of  his  father, 
who  had  liferented  the  same.  Between  1669  and  1672  the  Church 
courts  more  than  once  instituted  proceedings  against  him  as  a  Roman 
Catholic.  In  1681  he  settled  Auchintoul  in  fee  on  his  more  famous 
son,  Alexander,  who  was  to  become  Major-General  in  the  service  of 
Czar  Peter  the  Great,  and  wis  to  take  a  leading  part  on  the  Jacobite 
side  in  the  rising  of  the  Fifteen.  In  1684  he  became  an  advocate;  and 
in  1688,  favoured  now  by  his  religion,  he  was  created  by  King  James  an 
ordinary  Lord  of  Session  under  the  title  of  Lord  Auchintoul.  During 
his  short  tenure  of  office  he  could  have  had  small  opportunity  of 
showing  his  fitness,  and  his  supersession  must  have  been  mainly  owing 
to  his  political  sympathies  for  the  Stuart  cause.  He  died  between 
Michaelmas,  1710,  and  Pasch,  1711. 

Lord  Boyne,  after  the  first  two  sessions  of  the  Convention  Parliament, 
ceased  to  attend  the  meetings  of  the  Estates.  On  28th  April,  1693,' 
Parliament  took  the  extreme  step  of  declaring  his  seat  as  a  Commissioner 
for  Banffshire  vacant,  on  the  ground  of  his  non-attendance ;  and,  on 
23rd  May,  the  Freeholders  met  and  elected  as  his  successor  Sir  James 
Abercrombie  of  Birkenbog,  who  was  evidently  a  reliable  and  convinced 
supporter  of  the  new  Sovereigns.  At  the  next  Head  Court  that  year, 

'The  Acts  of  the  Parliaments  of  Scotland,   Vol.   IX.,  p.  250. 


88 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


and  during  the  rest  of  William's  reign,  Boyne  was  excused  from 
attendance ;  and  it  was  only  when  Queen  Anne  came  to  the  throne 
that  he  recommenced  to  give  personal  suite  and  presence. 

The  Gordons  of  Rothiemay,  Park,  Edinglassie,  Zeochrie,  and  Glen- 
gerrack  were  closely  related,  and  probably  all  followed  during  his  lifetime 
the  lead  of  Sir  George  Gordon  of  Edinglassie,  which,  as  we  have  seen, 
was  Orange. 

John  Grant  of  Ballindalloch  fought  for  James  under  Dundee  at 
Killiecrankie.  On  15th  January,  1690,  at  Tomintoul,  twenty  gentlemen 
of  standing  in  Stradoun  and  Braemar,  headed  by  him,  by  Gordon  of 
Glenbucket,  by  Viscount  Frcndraught  and  by  The  Farquharson  signed 
the  following  Bond  of  Association, l  which,  five  months  later,  on  i3th 
June,  1690,  was  to  be  produced  in  Edinburgh  in  evidence  against  the 
signatories  by  their  Majesties'  Lord  Advocate : — 

Wee  vnder  subscrivers  in  testimonie  of  our  loyaltie  to  our  sacred 
&  dread  Sovran  &  for  the  securitic  of  our  friends  &  good  nightbours 
vous  &  protests  bcfor  the  Almightie  God  &  on  our  salvation  at  the  great 
day  to  go  on  secritlyc  and  with  all  the  pour  &  strenth  wee  have  to  stike 
&  bid  by  on  another  &  when  any  of  vs  hier  vnderscribers  shall  be 
stressed  or  any  waves  molested  by  anie  partie  or  enime  whatsomever 
wee  shall  repair  to  thair  aid  with  all  our  strenth  &  pour  &  that  upon 
the  first  call  without  any  further  moor  or  delay  &  that  wee  shall  never 
be  byesed  or  broken  of  of  this  said  asociation  without  the  consent  of  his 
Majesties  General  &  the  major  part  of  ourselfs  so  help  us  God  wee 
have  subscrived  thir  presents  the  i5th  day  of  Janvary  90 :  at  Tamentoul. 


John  Grant  of  Ballnadaloch. 

Ja  I'arqrsoune. 

W.  Grantt. 

A.  Gordon. 

C.  Forbes. 

K.   M'Kenzie. 


Jo  Gordone. 
Robert  Grant. 
Jo  Grantt. 
Jo  Farqrsone. 
Jonathan  Grant. 
J.  Forbes. 


Frendraught. 
The  Farqrsone. 
A.  Gordone. 
Will:    Oliphant. 
Johne  M'Gregor. 
C.  Farqrsone. 
Francis  Gordon. 
W.  Gordon. 


13  June,  1690,  Pduced  by  his  Maties  Advocate. 
'  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.  App.,  p.  60. 


DISARMING   THE    PAPISTS    OF    STRADOUN.  89 

The  following  extract  from  the  Minutes  of  the  Privy  Council  of 
Scotland  a  year  later  throws  further  light  on  political  and  religious 
feeling  in  Stradoun  : — 

WARRANT  FOR  DISARMING  THE  PAPISTS  ABOUT  BALLINDALLOCH. 

Edinburgh,  loth  June,  1691. 

The  Lords  of  their  Majesties'  Privy  Council  being  sufficiently 
informed  that  the  people  of  Ballindalloch  within  the  shire  of 
are  very  disaffected  to  their  Majesties'  government,  and  that  the 
most  part  of  them  are  bigot  papists,  and  that  the  priests  go  up  and 
down  marrying  and  baptizing  publicly  as  was  done  in  the  time  of 
the  late  government,  they  hereby  recommend  to  and  require  Sir  Thomas 
Livingstoune,  commander-in-chief  of  their  Majesties'  forces  within  this 
kingdom,  with  all  diligence  and  expedition  to  take  effectual  course  for 
disarming  the  papists  of  these  parts  in  the  terms  of  the  Acts  of  Parlia- 
ment, and  to  cause  search  for,  seize  and  imprison  the  persons  of  the 
priests,  and  report  his  diligence  and  progress  herein  to  the  Council. 

ALEXANDER  OGILVIE  OF  KEMPCAIRNE. 

The  following  extract  from  the  Minutes  of  the  Privy  Council  of 
Scotland  deals  with  Kempcairne's  Jacobite  leanings.  A  letter  dated 
I5th  August  1689  by  Alexander  Ogilvie  to  the  Earl  of  Findlater  seems 
to  be  partly  written  in  a  kind  of  Jacobite  cypher.1  In  February  1690 
the  Town  Council  Minutes  of  Banff  bear  that  four  indwellers  were 
fined  for  "concelling  and  abstracteing  there  horses  efter  the}-  were 
ordained  to  have  them  in  radienes  ffor  convoyeing  the  persones  of 
Charles  Lord  Oliphant  and  his  Ladie,  the  Laird  of  Kempcairne  and 
uyrs  presoners." 

RECOMMENDATION  TO  THE  MASTER  OF  FORBES 
TO  EXAMINE  ALEXANDER  OGILVV. 

Edinburgh,  24  March,  1690. 

Anent  a  petition  given  in  to  the  Lord  High  Commissioner  and  Lords 
of  Privy  Council  by  Alexander  Ogilvie  of  Kemptcairne,  Robert  Ogilvie, 
his  son,  and  John  Gordon  of  Davidstoune,  shewing  that  where  the 
petitioners  were  upon  the  eighteenth  day  of  February  last  apprehended 
by  a  party  of  Colonel  Livingstone's  regiment  of  Dragoons,  being  in  the 
house  of  Alexander  Ogilvie,  younger  of  Kemptcairne,  accidentally 

'Seafield  Correspondence  (Scot.   Hist.  Socy.),  pp.  52-3. 
M 


go  RECORDS  OF  THE   COUNTY  OF   BANFF. 

passing  a  visit,  and  carried  prisoners  from  thence  to  Banff  and  from 
that  to  Aberdeen  where  they  yet  remain  in  custody  under  sentries; 
and  seeing  that  the  petitioners  were  apprehended  upon  a  mistake  and 
without  any  warrant,  and  know  no  crime  they  are  guilty  of  that  might 
have  occasioned  their  confinement,  and  therefore  humbly  craving  the 
said  Lords  to  give  orders  for  their  examination  and  trial  that  their 
innocency  might  appear,  and  being  found  innocent,  that  the  said  Lords 
would  order  their  liberation ;  their  Majesties'  High  Commissioner  and 
Lords  of  Privy  Council  having  considered  the  above  petition,  they 
grant  warrant  and  commission  to  William,  Master  of  Forbes,  to  examine 
the  petitioners  and  to  take  trial  anent  the  ground  of  their  committment 
and  to  examine  witnesses  thereanent ;  and  in  case  that  by  the  probation 
there  appear  no  crime  against  them,  with  power  to  the  Master  to  give 
order  for  their  liberation  with  or  without  caution,  as  he  shall  find  just ; 
and  if  there  be  any  crime  proven,  appoint  the  Master  to  give  orders 
for  their  continuing  the  petitioners  in  prison  and  to  transmit  the  pro- 
bation to  the  Clerks  of  Council :  And  in  the  meantime  recommend 
to  Major  General  McKay  to  recall  and  stop  the  orders  given  by  him  to 
call  Buchan  for  sending  the  petitioners  to  this  place. 

SUITE  ROLL  OF  THE  HEAD  COURT  OF  PASCH,  1691. 

At  the  Pasch  Head  Court  held  in  Banff  on  zyth  April,  1691,  repre- 
sentatives of  the  Crown,  after  an  interval  of  two  years,  at  last  appeared 
and  constituted  the  Court  of  Freeholders,  when  John  Campbell  of 
ffreirtoun,  who  had  purchased  in  1680  the  estate  of  Dalvey  in  Strath- 
spey from  Robert  Grant  of  Dalvey  and  Dunlugus,  and  retained  it 
for  two  years,  and  John  Gordon,  bailie  of  the  burgh  of  Banff,  Sheriffs- 
depute,  presided  in  the  absence  of  Sir  James  Baird  of  Auchmedden, 
who  was  ill.  On  account  of  the  extensive  changes  on  and  additions 
to  the  suite  roll  of  the  county  since  1689,  the  roll  of  lyth  April,  1691, 
is  given  in  full : — 

Alexander,  Duke  of  Gordone,  ffor  his  landes  of  fforrest  of  Boyne, 
Endzie,  Achindowne,  Strathaven,  Inverourie,  ffotterletter, 
Gartlie  and  Coronosie. 

John,  Earle  of  Erroll,  for  his  lands  of  Monblearie. 

George,  Earle  of  Marishall,  for  his  lands  of  Inverugie,  Durne,  and 
Achinhamper  and  Northfeild. 

James,  Earle  of  Airlie,  for  his  landes  of  Alvach,  Tippertie  and 
Bachlaw. 


ROLL   OF   BARONS   AND   FREEHOLDERS,    l6gi.  QI 

James,  Earle  of  ffindlater,  for  his  landes  of  ffindlater,  Deskfoord  and 

Castlefeild. 
Earle    of    Buchan,    for    his    lands    of    Glendouchie,    Downe 

and  Monblearie. 
George,   Lord  Banff,  for   his  landes  of    Inchdrewer,   Sandlay  and 

Blairshinnach. 
Charles,  Lord  Oliphant,  for  his  landes  of  Pettindreich,  Ardfour  and 

Achinina. 
Sir  Patrick  Ogilvie  of  Boynd  for  the  thanedome  of  Boynd  and  for 

Reatties. 

Alexr  Gordone  of  Achintoule  for  his  lands  of  Achintoule. 
Sir  James  Baird  of  Achmedden  for  the  lands  of  Pitgair  and  Avalds. 
Sir  James  Abercrombie  of  Birkenbog  for  his  lands  of  Galcroise. 
Jon  Gordone  of  Rothemey  for  his  lands  of  Rothemey. 
Sir  Jon  Gordon  of  Park  for  his  lands  of  Park. 
The  aires  and  representatives  of  umqll  Sir  George  Gordone  of  Eden 

glessie  for  the  lands  of  Glenmarkie  and  Carnowsies. 
Jon  Grant  of  Bellindalloch  for  his  lands  of  Tullochcarron. 
Jon  Ogilvie  of  Kempkairne  for  his  lands  of  Drumnakeith. 
Robert  Grant  of  Dunlugas  for  the  lands  of  Dunlugas  and  Muirden. 
Jon  Gordone  of  Beldornie  for  the  lands  of  Beldornie. 
Walter  Stewart  of  Itlaw  for  the  lands  of  Itlaw. 

Hay  of  Ranas  for  the  lands  of  Muldavit. 

The  aires  and  successores  of  umqll  Sir  Robert  Innes  of  Kinermonie 

for  the  lands  of  Kinermonie. 

James  Ogilvie  of  Baldavie  for  his  landes  of  Baldavie. 
Jon  Stewart  of  Kinmachlen  for  his  landes  of  Kinmachlen. 
Mr.  George  Meldrum  of  Crombie  for  his  lands  of  Crombie. 
Alexr  Gairne  of  Troup  for  his  landes  of  Troup. 

Stewart  of  Lesmurdie  for  his  lands  of  Lesmurdie. 

The  aires  and  representatives  of  umqll  -    -  Gordone  of  Buckie  for 

the  lands  of  Buckie. 

Moresone  of  Bognie  for  his  landes  of  Convoy. 

The  aires  and  successores  of  umqll  Meldrum  of  Lathrese  ffor  the 

landes  of  Drachlaw  and  Drachlamylne. 
Mr.  Thomas  Mercer  of  Todlaw  for  his  lands  of  Todlaw. 
The  aires  and  successores  of  umqll  Mr.  James  Gordon  of  Zeochries 

for  the  lands  and  baronie  of  Zeochries. 


92  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  aires  and  successores  of  umqll  Alexr  Gordon  of  Glengerrack  for 
the  lands  of  Glengerrack,  Newmylne  and  Achinheives. 

David  Gregorie  of  Kinairdie  for  the  lands  of  Neatherdale. 

David  Cruickshank  of  Balnoone  for  his  lands  of  Balnoone. 

Jon  Abernethie  of  Meyen  for  his  lands  of  Meyen  and  Quoir. 

Jon  Leslie  of  Kininvie  for  his  lands  of  Kininvie. 

Mr.  John  Leslie  of  Tullich  for  his  lands  of  Tullich. 

Arthur  fforbes  for  his  lands  of  Balvenie  and  Turtrie. 

Mr.  William  Joass  of  Colleynward  for  his  lands  of  Denhead,  Paddock- 
law  and  Whytetuties. 

William  Cumeing  of  Achry  for  his  lands  of  Bregach  and  Letter- 
vandich. 

Alexr  Duff  of  Keithmore  for  his  lands  of  Lettoch  and  Aldachlaggin. 

Alexr  Duff  of  Bracco  for  his  lands  of  Pethnick,  Knock,  Shielles, 
Bracco,  Craigleithie,  Cornehill  and  Neathermylne,  Belna- 
moone,  Garrawood,  Millegin,  Echreis. 

-  Gordone  of  Arradoule  for  his  landes  of  Maslie,  Haughes  and 

fforgie. 

Peter  Russell  of  Moncoffer  for  his  lands  of  Invereichnie. 
Jon  Innes  of  Edingeith  for  his  landes  of  Edingeith,  Croylets,  New 

Crannoch,  Moistoune. 

Jon  Ramsey  of  Melrose  for  his  landes  of  Melrose. 
David  Brodic  of  Lethin  for  his  lands  superiorities  and  feudeuties  of 

the  Abbacic  of  Kinlosc  in  Strathila. 

-  Sutherland  of  Kinminitie  for  his  lands  of    Kinminities  and 

Taremore. 

Peter  Sime  for  his  landes  of  Poolfaulds. 
Walter  Mitchell  for  his  landes  of  Croylettes. 
The  aires  and  successores  of  umqll  Thomas  Gordon  for  the  lands  of 

Crannoch. 

William  Crystie  for  his  lands  of  Crannoch. 

Jon  Ogilvie  of  Cantlie  for  his  lands  of  Crannoch. 

Jon  Ruddoch  for  his  landes  of  ffortrie. 

William  Ruddoch  for  his  lands  of  ffortrie. 

John  Ruddoch  of  Burnsyde  for  his  lands  of  ffortrie. 

Jon  Neill  for  his  lands  of  ffortrie. 

Jon  Hay,  Tutor  of  Ranas,  for  his  lands  of  Echreis. 

Patrick  Stewart  of  Tannachie  for  his  lands  of  Myretoun. 


ROLL   OF    BARONS   AND   FREEHOLDERS,    l6gi.  93 

James  Innes  of  Lichnett  for  his  lands  of  Lichnett. 

The  Representatives  of  the  Bishope  of  Aberdein  for  his  superiorities 

in  Banffshyre. 

The  Representative  of  the  Bishop  of  Morray  for  his  superiorities. 
The  Persone  of  Rathven  or  his  representatives. 

The  Lord  of  Erection  of  the  Abbacie  of  Aberbrothick  and  the 
vassals  of  the  sd  Abbacie. 

The  Lord  of  Erection  of  the  Abbacie  of  Couper  and  the  vassalls  of 
the  sd  Abbacie. 

And  James  Stewart  at  the  Boat  of  Spey  for  his  lands  of  Clerkeseat. 

The  minute  of  the  Head  Court  continues : — 

And  none  of  them  comperieing  personallie  save  Ale.\r  Gairne  of 
Troup,  Mr.  Thomas  Mercer  of  Todlaw  and  Mr.  William  Joass  of 
Colleynward,  who  upon  their  appeireance  asked  act  of  court  and  instru- 
ments, and  Jon  Stewart  of  Kinmachlen  compeireand  by  George 
Chessor  messgr  in  Banff  his  proxie,  by  a  proxie  given  to  him  out  of 
our  So  Lo  and  Ladies  Charirie  for  that  effect  received  and  admitted, 
and  who  yrupon  took  instruments,  the  seall  rcmanent  barrens  and 
vassalles  above  named  being  thryce  lawllie  called  and  none  comperieing 
ware  all  fyned,  unlawed  and  amerciat  in  the  soume  of  fyftie  poundes 
Scots  moey  for  defect  of  suite,  and  the  soume  of  fyftie  poundes  moey 
foresd  for  defect  of  presence,  as  they  who  owe  suite  and  presence  for 
their  landes  and  uyrs  .  .  .  above  specd  to  this  head  court,  except 
the  persones  undernamed,  viz.,  the  Duke  of  Gordon,  the  Earle  of 
Buchan  by  reasone  of  their  present  restraint  and  confynement,  the 
Earle  of  Airlie,  the  Laird  of  Auchmedden  and  Jon  Leslie  of  Kininvie 
by  reasone  of  their  secknese  and  unabilitie,  the  successore  of  Edin- 
glessie  by  reasone  of  his  minoritie,  and  David  Cruikeshank  of  Balnoone, 
whom  the  Shreffes  deput  excuses  and  assoylies  fra  any  fyne. 

SIR  JAMES  OGILVIE,  SHERIFF  PRINCIPAL  OF  BANFFSHIRE. 

During  William's  reign  the  dominant  force  in  the  county  soon  came 
to  be  Mr.  James  Ogilvie,  who  in  the  wider  sphere  of  national  politics 
rapidly  mounted  to  power,  and  by  the  end  of  the  reign  became,  as 
Earl  of  Seafield,  probably  the  most  influential  of  contemporary  Scots 
statesmen.  After  the  settlement  of  the  Crown  in  1689  Mr.  James 
Ogilvie  not  only  acquiesced  in  the  new  regime,  but  was  soon  active  in 
giving  it  effective  support.  Engrossed  as  he  soon  became  in  the  wider 
affairs  of  state,  it  is  characteristic  of  him  that  he  never  overlooked  the 


94  RECORDS  OF  THE  COUNTY  OF  BANFF. 

more  local  and  restricted  interests  of  his  native  county.  On  his  election 
as  member  of  Parliament  for  Cullen  in  1689  he  had  written  to  the 
"  bailyes  .  .  .  desiring  if  they  had  any  grievances  to  present  to  the 
Parliament  or  Lords  of  Exchequer  " ;  and  it  is  interesting  to  note  that, 
amongst  other  matters,  the  questions  of  sea  encroachment  and  of 
harbour  accommodation  were  then,  as  they  are  at  the  present  day, 
pressingly  engaging  the  attention  of  the  local  authorities  on  the  Moray 
Firth.  The  "  Baikies  and  Councill  concludes  to  send  ane  letter  to  the 
said  Mr.  James  Ogilvie  to  supplicat  the  Lords  of  Counsell  Exchequer 
or  Parliament,  as  he  shall  rind  expedient,  craving  thereby  ane  voluntar 
contribution  for  repairing  of  the  bullwork  of  this  burgh,  and  also 
desiring  him  to  attend  lest  ther  be  any  alteration  of  the  taxt  rolls  of 
burrows  .  .  .  and  apprehends  it  expedient  to  putt  him  in  memorie 
of  all  uther  there  grivances."1  Next  year  the  Council  wrote  Sir  James, 
who  had  thus  early  received  in  his  knighthood  a  recognition  of  his 
ability  and  a  mark  of  the  King's  favour,  to  supplicate  the  Privy  Council 
for  a  supply  from  all  other  Royal  Burghs  and  persons,  "  for  re-edifying 
and  erecting  of  ane  bulh\ark  and  making  up  of  ane  harbour  at  this 
Burgh. ":  That  same  year  the  Council  records  show  that  Sir  James 
Ogilvie  received  £100  Scots  for  his  expenses  as  Commissioner  "for 
attending  the  Convention  of  Estates,  and  for  attending  the  Parliament 
and  Convention  of  Burghs."-  In  his  patent  of  knighthood  he  was 
designed  "of  Churchhill."  When,  in  1692,  the  government  were 
levying  seamen  along  the  coast,  Sir  James  had  an  interest  in  Sandend, 
and  the  name  Churchhill  may  have  been  derived  from  some  part  of  his 
father's  estate.  The  reference  to  him  in  1692  of  a  dispute  between  the 
two  rival  Royal  Burghs  of  Banff  and  Cullen  as  to  their  respective 
jurisdictions  over  the  weights  and  measures  of  the  county,  and  particu- 
larly at  Hallow  Fair,  Fordyce,  again  shows  the  esteem  in  which  he  was 
held  and  the  interest  he  took  in  local  affairs. 4 

Sir  John  Dalrymple,  Master  of  Stair,  one  of  the  Secretaries  of  State 
for  Scotland,  in  the  following  letter  refers  to  Sir  James  Ogilvie's 
appointment  as  Sheriff  of  Banffshire  (in  the  letter  erroneously  called 
Buchan),  his  first  step  in  political  preferment:— 

For  SK  JAMES  OGILVY,  Advocat, 

London,  March  8,  1692. 

SR — Sine  my  last,  I  have  taken  occasion  to  intertain  his  Maj'y 
upon  that  subject  you  wer  pleased  to  propose  to  me  of  the  Sherifship 

1  Dr.  Cramond's  "Annals  of  Cullen,"  p.  52. 
"  ^o<  do.  P-  S3- 

r>°-  do.  p.  53. 

4  Dr.  Cramond's  "Annals  of  Banff,"  Vol.  I.,  pp    170  i. 


SIR  JAMES   OGILVIE,    SHERIFF    PRINCIPAL   OF    BANFFSHIRE.  95 

of  Buchan,  and  now  I  hav  incouragment  to  desir  you  to  transmit!  to  me 
a  signater  of  that  office,  such  as  yow  desir  it.  The  King  gives  no  offices 
hot  during  pleasur  (excep  to  the  Lords  of  Session),  so  yow  will  not 
desir  it  in  other  tearmes;  hot  his  Maj'y  hath  retained  many  that  did 
not  deserv  it  at  his  hands,  yett  he  hav  givin  us  no  example  that  he  threw 
out  any  man  that  did  not  deliberatly  oppose  him ;  so  I  conclud  as  to 
yow  it  will  be  the  sam  thing  as  for  life,  for  I  persuad  myself  yow  will 
never  do  anything  unworthy  of  yr  honor  nor  his  Maj'-vs  favor. — And  I 
assur  yow  I  am  sincerly,  Sr,  yr  very  humble  serv-t, 

Jo  DALRYMPLE. 

A  Warrant I  for  the  gift  of  the  office  of  the  "  Sherefship  of  Bamff 
in  favor  of  Sir  James  Ogilvy  of  ,  Advocate,"  was 

signed  at  the  Hague  on  3oth  April,  1692.  It  was  seemingly  not  acted 
upon,  for  a  second2  royal  warrant  in  his  favour  was  signed  at  Kensing- 
ton on  the  23rd  of  December,  1692,  and  was  the  warrant  for  his 
Commission  as  Sheriff  Principal  acted  upon. 

His  appointment  as  Solicitor-General  for  Scotland  on  3ist  January 
1693,  and  his  installation  as  Sheriff  Principal  of  Banffshire  in  February 
1693,  were  early  steps  in  his  rapid  rise  to  power.  The  following  succinct 
account  of  the  state  of  the  Courts  in  Banffshire  during  the  period  from 
July  1691  to  February  1693  prefaces  the  engrossment  in  the  Minute  Book 
of  the  Barons  and  Freeholders  of  the  County  of  Sir  James  Ogilvie's 
Commission  as  Sheriff  Principal  of  Banffshire. 

SIR  JAMES  OGILVIE'S  COMMISSION  AS  SHF.RIFF  PRINCIPAL  OF 

BANFFSHIRE. 

In  July  Jm  VJc.  &  nyntie  ane  yeirs  Sir  James  Baird  of  Auch- 
medden,  Shirreff  Prinll  of  Banffshyre,  dyed,  and  there  was  a 
vaccancie  of  the  Shirreff  Court  and  surcease  of  justice  in  the  Shyre 
till  ffebrii  Jm  VJc  &  nyntie  thrie  yeirs,  at  qch  tym  Sir  James  Ogilvie 
of  Churchhill  obteined  a  comissione  to  be  Shirreff  Prinll  of  Banffshyre, 
and  on  the  second  of  ffebry  1693  the  Earle  of  ffindlater,  his  father, 
presented  his  comissione,  with  a  comissione  by  Sir  James,  to  Nicolas 
Dunbar  of  Castelfeild,  Shirreff  Depute  of  Banff,  and  opened  the 
Court.  Of  the  which  comission  granted  to  Sir  James,  and  as  it  is 
insert  in  the  ordinarie  dyet  and  sederunt  booke  begun  2d  Febry, 

'State  Papers  (Scotland)  Warrant  Books,  Vol.  XV.,  p.  121,  in  the  Record  Office,  London. 
•  State  Papers  (Scotland)  Warrant  Books,  Vol.  XV. 


96 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


1693,  the  tenor  followes: — Gulielmus  et  Maria  Dei  Gratia  Magnse 
Brittaniae  Franciae  et  Hiberniae  Rex  et  Regina  fidei  defensores 
Omnibus  probis  hominibus  ad  quos  presentes  literae  nrse  pervenerint 
salutem  Quandoquid  nos  intelligentes  munus  et  officium  Vicecomitis 
Principalis  vicecomitatus  de  Banff  in  antique  nro  Scotiae  regno  in 
manibus  nris  vacare  et  ad  donationem  et  dispositionem  nram  esse  ex 
orbitu  Dili  Jacobi  Baird  de  Auchmedden  et  Dni  Georgii  Gordone  de 
Edinglassie  nuper  conjunctorum  vicecomitum  dicti  vicecomitatus  Nosq 
autem  abunde  cupidi  (cum  plurimum  regimine  nro  intersit)  quod 
dictum  officium  Vicecomitis  Priiilis  de  Banff  exerceatur  per  quendam 
notae  integritatis  et  fidelitatis  et  pro  justicia  subditis  nris  administranda 
idoneum  et  satis  compertum  habentem  facultates  preclaras  et  apti- 
tudinem  Dm  Jacobi  Ogilvie,  Advocati,  filii  Comitis  de  ffindlater  pro 
administranda  justicia  subditis  nris  in  dicta  jurisdictione  Et  intelligentes 
etiam  fidelitatem  suam  et  affectum  erga  servitium  nostrum  Sciatis 
igitur  nos  nominasse  constituisse  et  ordinasse  tenoreq  pntium  nominare 
constituere  et  ordinare  dictum  Diium  Jacobum  Ogilvie  Vicecomitem 
Principalem  dictse  jurisdictionis  et  Vicecomitatus  de  Banff  et  praecinctus 
ejusd  duran  nro  duntaxat  beneplacito  Ac  per  presentes  damus  concedi- 
mus  et  disponimus  illi  durante  spatio  antedicto  predictum  munus  et 
officium  Vicecomitis  Prinlis  de  Banff  cum  omnibus  feodis  casualitatibus 
emoluments  et  proficuis  ejusd  cum  plenaria  .  .  .  potestate  nominandi 
deputatos  unum  seu  plures  serjandos  officiarios  procuratores  fisci  et 
omnia  alia  membra  curias  necessaria  et  usitata  (exceptis  clericis) 
pro  quibus  respondere  tenebitur  ac  prestandi  et  exercendi  omnia  alia  et 
singula  ad  dictum  officium  et  jurisdictionem  spectantia  tarn  pleno  jure 
libertate  et  privilegis  quam  quivis  alius  Vicecomes  Principalis  infra 
dictum  regnum  firum  hactenus  exercuit  aut  prestitit  aut  in  posterim 
exercere  et  prestare  poterit  In  cujus  rei  testimonium  pntibus  magnum 
nrum  sigillum  appendi  mandavimus  apud  aulam  nram  de  Kensingtoun 
vigesimo  tertio  die  mensis  Decembris  anno  Dni  millesimo  sexcentesimo 
nonagesimo  secundo  et  anno  regni  nri  quarto  ...  Per  signaturam 
manu  S.  D.  N.  suprascriptam  ...  and  on  the  back  yrof  thus: 
Written  to  the  great  seall  and  regrat  the  fourteinth  day  of  Janry,  1693, 
and  subt  thus,  Dun.  Ranald  Dept.  and  seallit  at  Edr.  the  fourteinth  of 
Janry  1693,  and  subt  thus,  Alex.  Inglis,  and  the  great  seall  appendit. 


EXHIBITION  OF  TITLES  OF  BARONS  OF  THE  SHIRE.  97 

EXHIBITION   OF   HERITORS'  TITLES. 

The  new  Sheriff  Principal,  at  the  ensuing  Pasch  Court  of  1693,  made 
arrangements  for  a  careful  revision  of  the  suite  roll  of  the  County  by 
exhibition  of  heritors'  titles,  so  that  he  might  account  to  Exchequer  for 
their  proper  reddendos,  and  so  that  a  proper  roll  in  correct  precedence 
might  be  made  up  shewing  who  could  legally  elect  and  be  elected 
Commissioners  of  the  Shire.  He  further  ordered  that  vassals  of  lands 
formerly  holden  of  Bishops  be  added  to  the  roll. 

Day  forsd  [2ist  April,  1693]  the  Shirreff  deput  enactes  statutes 
and  ordeines  thatt  all  and  sundrie  the  Vassalles  Heretors  Barrones 
and  uthers  above  spect,  and  all  uther  Vassalles  Barrones  and  Heretores 
if  any  be  holding  any  landes  within  this  Shyre  imediatlie  of  their 
M3ties  in  capite  shall  come  to  the  Shirreff  Clerk  of  the  sd  Shyre  of 
Banff  or  his  deputes  to  their  office  chamber  att  any  tym  they  please 
betwix  and  the  nixt  Michaelmese  Head  Court,  and  present  the  originall 
rightes  and  infeftments  of  their  saids  lands  holden  by  them  of  the  King 
in  capite :  And  ordeines  the  Clerk  or  his  deputes  to  take  ane  full  notte 
thereof  that  it  may  be  cleirlie  knowen  who  ought  to  be  inrolled  and 
called  in  the  suite  rolles  of  the  sd  Shyre  as  holdeing  of  the  King,  and 
who  owes  suite  and  presence  to  the  Head  Courtes  and  who  not,  and 
that  their  holdeinges  and  reddendos  may  also  be  known  that  the  Shreff 
may  give  account  yrof  in  Excheqr  when  called  for,  and  lykewayes 
that  it  may  be  knowen  who  hes  vote  in  Elcctione  of  Comissioners,  and 
who  is  capable  to  be  elected  Comissioner  to  the  Parliat  or  Conventione 
of  Estates  when  the  samyn  shall  occure :  And  ordeines  the  Clerk  to 
rectifie  the  old  suite  rolles  and  make  exact  new  suite  rolles  of  the  saids 
Heretors  Barrones  and  uthers  holdeing  of  the  King  that  even-  on  may 
be  called  according  to  his  rank  and  qualitie  and  dew  place :  And  in 
the  mein  tym  ordeines  the  old  rolles  to  stand  as  formerly  till  such 
a  new  roll  be  made :  Lykeas  in  respect  of  the  Act  of  Parliat,  igth  of 
July,  1690,  anent  the  change  of  the  lands  formerly  holden  of  Bishopes, 
&c.,  the  Shirref  deput  ordeines  the  Shirreff  Clerk  to  doe  all  diligence 
he  can  to  ffind  out  all  the  vassalls  of  any  landes  within  this  Shyre 
formerly  holdeing  of  Prelates  Bishopes  or  yr  chapters  Deanes  Sub- 
deanes  or  any  uther  beneficed  persones,  who  now  by  the  sd  act  are 
appoynted  to  hold  of  the  King,  and  to  add  them  to  the  suite  rolles  of 
the  Shyre  either  old  or  new  in  their  dew  and  proper  place  :  And  ordeines 

N 


g8  RECORDS  OF  THE  COUNTY  OF  BANFF. 

them  also  to  produce  their  instruments  to  the  Shirreff  Clerk  or  his 
deputes  to  the  effect  forsaid :  And  also  ordeines  all  such  of  the  Kinges 
few  vassalls  lyable  and  who  were  in  use  formerly  to  pay  their  pettie 
fewdewties  or  blensh  dewties  dew  by  them  to  the  King  to  the  Shirreffs 
of  this  Shyre  to  pay  in  the  samyn  to  the  present  Shirreff  or  his  deputes, 
or  any  uther  persone  they  or  aither  of  them  shall  appoynt  for  that 
effect,  that  the  Shreff  may  give  account  yrof  in  Excheqr  as  use  is,  and 
that  of  all  yeires  bygon  resting  by  them  since  their  last  discharges:  And 
ordeines  the  sd  presents  to  be  publictlie  intimat  at  the  Mercat  Croce 

of  Banff  that  non  pretend  ignorance. 

NICOLAS  DUNBAR,  Dep. 

ELECTION  OF  SIR  JAMES  ABERCROMBIE  AS  A  COMMISSIONER 
OF  THE  SHIRE. 

On  5th  May,  1693,  Parliament  declared  vacant  the  seat  of  Sir 
Patrick  Ogilvie  of  Boyne  as  Commissioner  for  Banffshire  for  non- 
attendance.  A  ne\v  election  to  fill  the  vacancy  ensued,  when  Sir  James 
Abercrombie  of  Birkenbog,  a  supporter  of  the  new  regime,  with  the 
support  of  Sir  James  Ogilvie,  was  elected. 

ATT  Banff  the  twantie  third  day  of  May  Iajvy&  and  foure  scoir 

thratteine  yeires. 

The  which  day  compcired  Nicolas  Dunbar  of  Castelfeild  Shreff 
depute  of  Banffshyre  and  produced  ane  Act  of  Parliat  dateit  the  fyfth 
day  of  May  instant  whereby  the  ffreeholders  of  the  shyre  of  Banff  are 
appoynted  to  meitt  and  convein  this  day  and  place  to  elect  ane 
Comissioner  to  represent  the  sd  shire  in  this  current  Parliat  in  place 
of  Sir  Patrick  Ogilvie  of  Boynd  late  Comissioner  of  the  sd  shyre  whose 
place  was  by  the  sd  act  declaired  vaccant  for  his  not  attendance  as  the 
sd  act  beares :  In  obedience  qrunto  the  heall  ffrieholders  of  the  sd 
shyre  being  warmed  by  intimationes  at  each  parish  church  on  Sunday 
last  to  meitt  and  convein  this  day  and  place ;  Conforme  to  the  qch 
Act  of  Parliat  and  intimationes  yrof  foresds  the  ffreeholders  under- 
named,  viz : — Sir  Jon  Gordone  of  Park,  Sir  James  Abercrombie  of 
Birkenboig,  Robert  Grant  of  Dunlugas,  Walter  Stewart  of  Itlaw,  Jon 
Stewart  yor  of  Kinmachlen,  John  Abernethie  of  Meyen,  Alexr  Duff  of 
Keithmore,  George  Leslie  of  Burdsbank  and  Mr.  William  Joass  of 
Colleynard  compeireand,  all  in  one  voice  (except  the  said  Sir  James 
Abercrombie)  did  elect  nominat  and  choise  the  said  Sir  James  Aber- 


SIR  JAMES   ABERCROMBIE,   COMMISSIONER  OF  THE   SHIRE.  99 

crombie  of  Birkenboig  to  be  conjunct  and  joynt  Comissioner  to  the 
current  Parliat  and  heall  dyetts  yrof  to  the  end  thereof  with  Alexr 
Duff  of  Bracco  former  Comissioner  of  the  said  shyre  to  represent  the 
shyre  in  Parliat  as  said  is :  With  power  to  him  to  sitt  vote  reasone 
treat  and  conclude  upon  all  matters  to  be  treatted  and  handled  in 
Parliat,  and  doe  all  uther  thinges  that  any  uther  Comissioner  of  any 
shyre  within  the  kingdome  have  done  or  in  the  lyke  caices  may  doe, 
promiseing  to  hold  firme  and  stable  all  and  qtsumr  thinges  the  sd 
Comissioner  in  the  premises  shall  doe,  alloweing  alwayes  to  the  sd  Sir 
James  Abercrombie  the  same  circumstances  with  the  sd  Alexr  Duff  of 
Bracco  as  to  his  charges  and  expenses :  And  the  saids  ffrieholders 
have  subscryved  and  delivered  to  the  sd  Sir  James  ane  comissione  to 
the  effect  foresd  of  the  date  of  thir  presents  in  presens  of  the  sd  Nicolas 
Dunbar,  Shreff  depute,  and  John  Donaldsone,  Clerk  depute,  of  the  sd 
shyre.  NICOLAS  DUNBAR,  Dept. 

CHANGES  IN  COUNTY  SUITE  ROLL  IN  1693,  ETC. 

At  the  Pasch  Head  Court  of  1693,  to  the  old  holding  of  Alexander, 
Duke  of  Gordon,  were  added  "  his  lands  of  Grange,  Clerkseat, 
Bogelogie,  Thorntoune,  Murefaulds  and  Haughes."  These  lands  were 
again  mentioned  in  the  Michaelmas  roll  of  1693.  Between  Michaelmas, 
1693,  and  Michaelmas,  1698,  his  Grace's  detailed  holding  is  not  given. 
At  the  Pasch  Court  of  1699,  when  his  detailed  holding  is  again  given, 
the  foresaid  lands  in  the  parish  of  Grange  were  not  included ;  and  the 
Duke  must  have  previous  to  this  dropped  any  interest  he  had  in  them. 

At  the  Pasch  Court  in  1693  the  Earl  Marischal  dropped  the 
qualification  of  Northfield,  in  the  parish  of  Gamrie. 

At  the  same  Court,  after  the  name  of  Auchintoul,  was  added  that  of 
Ludovick  Grant,  Chief  of  the  Grants,  for  the  lands  of  Achmadies. 
The  lands  of  Cuperhill  were  added  in  the  Pasch  roll  of  1699. 

At  the  Pasch  Court  of  1693,  for  Sir  James  Baird  of  Auchmedden, 
deceased,  appeared  William  Baird,  for  Pitgair  and  Avalds. 

At  the  same  Court  the  entry  of  "The  aires  and  representatives  of 
umq11  Sr  George  Gordon  of  Edenglessie  for  the  lands  of  Glenmarkie 
and  Carnowsies  "  is  truncated  by  the  entry  of  his  second  son,  George 
Gordon  of  Carnousie  for  Carnousie.  It  was  not  until  Michaelmas,  1696, 
that  the  entry :  "  The  representatives  of  umq11  Sr  George  Gordon  of 
Edinglassie  for  the  landes  holden  of  the  late  Bishop  of  Aberdeen  in 
non  entry,"  viz.,  Edinglassie  and  Glenmarkie,  in  Mortlach  parish, 
dropped  out. 


loo 


kECOfcUS  OK  THE  COUNTY  OK  BANFF. 


From  the  Pasch  roll  of  1696  there  dropped  the  name  of  Jon  Ogilvie 
of  Kempkairne. 

In  the  Pasch  roll  of  1693  appeared  "Gordone  of  Straloch  for  Straloch, 
formerly  holden  of  the  Bishop  of  Aberdein,  now  of  the  King,  by  Act 
of  Parliament,  dateit  the  .  .  .  ." 

Mr.  George  Meldrum  of  Crombie,  in  the  parish  of  Marnoch,  died 
before  Pasch,  1693,  for  in  the  suite  roll  of  that  Court  his  representatives 
were  entered  in  his  stead. 

In  the  same  Pasch  roll  appeared  Mr.  James  Gordone  of  Davach 
for  Zeochries,  as  representative  of  his  father  the  parson  of  Rothiemay. 

In  the  same  roll,  instead  of  the  "aires  and  successores  of  umq11 
Alex1".  Gordone  of  Glengerrack "  appeared  Charles  Gordon  of  Glen- 
garrack,  son-in-law  of  Alexander  Duff  of  Bracco. 

In  place  of  Mr.  John  Leslie  of  Tullich  there  appeared  in  the  Pasch 
roll  of  1693  "  George  Leslie  of  Tullich  for  Tullich." 

In  the  same  roll  appeared  "Jon  Anderson  of  Westertown  for 
Westertown,"  and  in  the  Michaelmas  1693  roll  for  "Ardbrack"  in 
addition.  John  Anderson  dropped  from  the  suite  roll  in  Pasch,  1700. 

Arthur  Forbes  of  Balvenie  dropped  from  the  Michaelmas  roll  of 
1694  with  his  holdings  of  Balvenie  and  Turtrie;  and  in  his  stead  for 
these  two  holdings  appeared  Alexander  Duff  of  Bracco. 

SIR  JAMES  OGILVIE,  AND  THE  BARONY  OF  OGILVIE. 

James  third  Earl  of  Findlater  dropped  from  the  Pasch  roll  of  1694, 
and  in  his  stead,  but  with  lower  precedence,  and  after  the  name  of  Sir 
Patrick  Ogilvie  of  Boyne,  appeared  his  second  son,  Sir  James  Ogilvie, 
for  the  baronie  of  Ogilvie.  At  the  Michaelmas  Court  that  year  Sir 
James  was  entered  in  the  roll  before  Boyne  and  after  Charles  Lord 
Oliphant. 

On  3ist  January,  1693,  Sir  James  Ogilvie  was  appointed  Solicitor  in 
Scotland  to  their  Majesties.  In  office  he  now  began  to  acquire  and 
conserve  the  wealth  that  was  in  time  sufficient  to  enable  him,  a  second 
son,  to  cut  through  the  money  embarrassments  of  his  father,  redeem  the 
ancestral  property,  and  build  up  the  extensive  Seafield  Estates  in 
Banffshire.  Writing  to  his  father  from  Edinburgh  on  25th  December, 
1693,  Sir  James  says:— "I  will  this  year  be  somewhat  straitned  for 
money.  All  your  debts  comes  over  me  together.  I  most  pey  Jon 
Ogilvie's  reprasentatives.'  Baberton  and  I  are  near  setled.  Liteljohn's 
executors  pratends  you  rest  them  fifteen  hundreth  pounds  by  bond. 
Let  me  hear  from  you  of  this.  Blackhils  insists  vigoruslie,  and  Lintush 
is  most  rigorus.  If  it  were  not  I  gain  money,  and  hes  credit,  I  could 
not  be  able  to  pey  so  great  soums  without  woodsetting  or  selling.  Lest 


THE    BARONY    OK    OGILVIE.  IOl 

there  be  any  defect  in  my  securitie,  as  I  judge  ther  is  none,  yet  it  is 
thought  fit  your  Lo.  grant  me  ane  bond  to  be  the  foundation  of  an 
adjudication,  and  you  most  be  charged  to  enter  air  to  your  father, 
mother,  grandfather  or  grandsher,  and  I  will  take  my  infeftment  on 
both.  I  know  you  will  not  refuse  this,  and  it  shal  be  no  further  used, 
bot  for  securitie  of  my  lands  disponed  I  have  sent  the  bond." 

THE  LAIRD  OF  PARK  CLAIMS  PRECEDENCE,  1694. 

At  the  Michaelmas  Head  Court  of  1694  the  Laird  of  Park  made 
claims  of  precedency,  which  he  long  continued  to  assert  ;  and  which 
the  rolls  show  were  properly  not  given  effect  to. 

Therefter  Sir  Jon  Gordon  of  Park  protested  agt.  the  roll  and  craved 
the  Shreff  would  rectifie  the  samyn  as  to  him,  and  ordein  him  to  be 
placed  and  ranked  yrin  nixt  efter  the  noblemen  according  to  his  patent 
of  Knight  Barronet  qch  gives  him  precedencie  of  all  the  Barrones 
called  except  noblemen. 

TUTORY  OH  GORDON  OK  ROTHIEMAY. 

John  Gordon  of  Rothiemay,  head  of  the  family  of  which  the 
Gordons  of  Park  and  Edinglassie  were  cadets,  and  always  called  in  the 
suite  roll  before  Park,  dropped  out  at  the  Head  Michaelmas  Court  of 
1696,  and  Patrick  Barclay  of  Towie,  his  only  son  by  his  wife  Elizabeth 
Barclay,  heiress  of  Towie,  Auchterless,  took  his  place.  The  Balbithan 
MS.  says: — "The  said  John  Gordon  of  Rothemey  begat  on  his  lady, 
the  heiress  of  Towie,  a  son  called  Peter,  who  being  next  dore  to  an 
idiot,  was  induced  to  dispone  the  lands  of  Towie  to  Sir  George  ? 
[Alexander]  Innes  of  Coxton,  his  brother-in-law."  The  Minute  Book 
of  the  Barons  and  Freeholders  of  the  County  has  the  following  entry 
regarding  his  tutory : — Att  Banff  on  the  twantie  sixt  day  of  November, 
Iajvi&  and  foure  scoir  sixtein  In  ane  Shirreff  Court  of  the  shyre  of 
Banff  by  Nicolas  Dunbar  of  Castelfeild,  Shirreff  Depute  of  the  sd 
shyre,  ....  Compeired  William  Grant  of  Creichie,  Tutor  of 
Rothemey,  nominal  by  the  deceast  Jon  Gordon  of  Rothemey  to  Patrick 
Barkley  of  Towie,  his  sone,  conforme  to  the  Testament  Testamentar 
made  by  the  sd  umq11  Jon  Gordon,  dateit  the  fourteinth  day  of  May  last 
by  past  and  judiciallie  produced  in  court  thrie  duplicates  of  the 
Inventar  of  the  sd  umq11  Jon  Gordon,  his  meanes  and  evidents  and 
estaite,  made  up  by  the  said  William  Grant,  Tutor  forsd,  with  advyce 


1O2  RECORDS  OF  THE   COUNTY  OF   BANFF. 

and  consent  of  the  said  Shirreff  deput, and  craved 

that  conforme  to  the  Act  of  Parliat  the  Shirreff  would  ordein  his  clerk 
to  subscryve  the  saids  thrie  duplicats  and  each  page  yrof,  as  he  and  the 
sd  Shreff  deput  had  done,  and  one  yrof  delyvered  to  him,  and  the  uyr 
two  seilled  might  be  keept  by  the  said  Shreff  deput  to  be  delyvered  to 
the  neirest  freinds  when  they  called  for  the  samyn,  which  desyre  the 
sd  Shreff  thought  reasonable  and  ordeined  every  page  of  each  of  the 
sds  thrie  dupplicats  to  be  subscryved  by  the  Shreff  Clerk  or  his 
deputes,  and  hes  delyvered  the  one  yrof  subd  as  sd  is  and  wrin  be 

the  sd Nicolas    Dunbar,  Dept. 

The  Barclays  of  Towie,  a  Banffshire  and  Aberdeenshire  family, 
happy  in  the  female  line,  and  seldom  in  the  male,  attained  their  greatest 
fame  in  Barclay  de  Tolly,  soldier  of  fortune,  who  opposed  Napoleon 
in  his  winter  advance  of  1812  on  Moscow. 

SIR  JAMES  OGILVIE,  JOINT  SECRETARY  OF  STATE  FOR 

SCOTLAND. 

In  January  1695  Sir  James  Ogilvie,  still  His  Majesty's  Solicitor  in 
Scotland,  proceeded  to  London  at  the  King's  command.  There  he 
remained  until  April  in  close  contact  with  the  Court,  the  Sovereign 
allowing  him  "  much  ease  and  free  accesse."1  Returning  to  Edinburgh 
late  that  month,  as  Commissioner  of  the  Royal  Burgh  of  Cullen,  and 
as  King's  Solicitor,  he  attended  the  Session  of  Parliament  which  met  on 
gth  May  and  adjourned  on  ijth  July  1695.  About  this  time  commenced 
his  voluminous  correspondence  with  William's  Presbyterian  Chaplain, 
Mr.  Carstares,2  chief  adviser  at  Court  on  Scots  affairs.  In  the  Parlia- 
mentary session  of  1695  opposition  to  William's  Scots  ministers  showed 
itself  in  the  raising  of  the  Glencoe  affair  against  the  Master  of  Stair, 
Joint  Secretary  of  State.  Further,  the  "  Act  for  a  company  trading  to 
Affrica  and  the  Indies,"  passed  on  a6th  June  that  same  session,  soon 
caused  trouble  with  England,  and  hastened  the  fall  of  the  Scots 
ministry  which  promoted  its  passage.  Viscount  Stair  demitted  office 
in  January  1696 ;  and  next  month  saw  the  removal  of  the  Joint 
Secretary,  Mr.  Johnston,  and  Lord  High  Chancellor  Tweedale.  In 
the  eager  pursuit  for  place  and  power  Sir  James  Ogilvie,  who  had 
impressed  William  and  Carstares  as  a  good  manager  of  men  and  affairs, 
was  in  February  1696  appointed  Joint  Secretary  of  State  for  Scotland 
with  Lord  Murray,3  who  had  been  appointed  the  month  before. 

1  Seafield  Correspondence  (Scot.   Hist.   Socy. ),  p.   163. 

*  Carstares'  State  Papers  and  Letters,  passim. 

3  Created  Earl  of  Tullibardine  27th  July  1696,  and  later  Duke  of  Atholl. 


SIR   J.   OGILVIE,    SECRETARY   OF   STATE   FOR   SCOTLAND.  103 

Never  too  firmly  seated  on  his  throne,  William,  after  the  revolutionary 
wars  ended,  continued  to  experience  recrudescences  of  Jacobitism,  which 
found  vent  in  plots,  attempted  invasions,  and  parliamentary  and  popular 
opposition  to  his  rule.  The  Glencoe  question  raised  in  1695  was  such  a 
symptom.  More  important  and  deadly  in  Scotland  was  the  English 
opposition  to  the  Darien  colonizing  scheme,  the  great  trading  venture 
arising  out  of  the  Act  of  26th  June  1695.  In  December  1695  the 
Parliament  of  England  jealously  intervened  with  William  against 
allowing  English  subscriptions  to  the  capital  of  the  Scots  company, 
which  might  be  a  powerful  rival  in  trade,  and  later  in  1697  used  diplo- 
matic pressure  to  prevent  the  citizens  of  Hamburgh  giving  financial 
assistance.  The  bad  harvests  of  1695  and  1696  added  to  the  popular 
discontent  and  opposition  in  Scotland.  Meantime  the  war  against 
France  was  wearing  the  country  down. 

When  the  Scots  Parliament  met  on  8th  September  1696,  the  Earl  of 
Tullibardine  was  Commissioner,  Lord  Polwarth  Chancellor,  the  Earl  of 
Melville  Lord  President,  and  the  Duke  of  Queensberry  Lord  Privy  Seal. 
Sir  James  Ogilvie,  by  the  King's  authority,  sat  and  voted  as  Lord 
Secretary,1  and  the  Burgh  of  Cullen  was  authorised  to  elect  another 
Commissioner,2  which  it  did,  on  the  Secretary's  suggestion,  in  the 
person  of  Sir  John  Hamilton,  Lord  Halcraig,  one  of  the  Senators  of 
the  College  of  Justice.  Sir  James  Ogilvie's  secretary,  writing  the  day 
after  the  down  sitting  of  Parliament,  says : — "  Ther  hes  bein  straing 
clubs  about  the  choiseing  of  the  committies,  and  the  nobility  are  in  a 
great  offence  upon  that  head,  the  mobility,  as  they  tearme  them  here, 
endeavoring  to  carie  all.  I  mean  the  borrowes,  and  a  great  many  of  the 
barrons.  My  Lord  Secretary  is  verie  weell  with  all  sydes,  but  it  is  verie 
fashous  to  him  to  gett  all  keepped,  hot  I  hope  he  shall  rcconceall  all."  3 
The  common  talk  was  a  general  peace.  Parliament  rose  on  I2th 
October,  and  shortly  after  Sir  James  Ogilvie  proceeded  south  to  London 
to  Court,  where  he  was  complimented  on  his  management  of  affairs, 
and  remained  all  winter  until  William,  in  April  1697,  crossed  over  to 
Flanders.  The  campaign  there  was  only  languidly  pressed,  and  nego- 
tiations for  peace  were  early  opened  by  Louis.  On  loth  and  nth 
September  1697,  the  treaty  of  Ryswick  which  recognized  William's 
title  as  King  was  signed.  The  disbandment  of  a  considerable  part  of 
the  Scots  army  in  the  winter  of  1697  added  to  the  number  of  loose  and 
masterless  men  and  to  the  growing  discontent. 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  X.,  p.  8. 

2  Ibidem,  p.   n. 

3  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  204. 


104 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Meantime  Scotland,  impressed  with  the  success  of  the  older  English 
and  Dutch  chartered  trading  companies,  had  more  and  more  placed  her 
faith  in  the  trading  venture  which  was  to  end  in  the  failure  of  Darien. 
The  King  Nvas  in  a  dilemma  between  the  opposing  policies  of  his  two 
parliaments  of  England  and  Scotland.  Mr.  Robert  Pringle,  Under 
Secretary  of  State  for  Scotland,  writing  on  i5th  February  1698,  to  Sir 
James  Ogilvie,  summed  up  the  situation  : — "  What  hes  hapned  to  the 
companie  may  be  much  made  use  of  in  the  ensuing  session  of  Parlia- 
ment, the  generalitie  of  all  ranks  resenting  highlie  what  hes  passed  in 
Hamburgh,  and  the  little  care  taken  to  redress  them."  T 

Early  in  1698,  Tullibardine,  Joint  Secretary  of  State,  in  many  ways  an 
uncertain  quantity,  was  removed  from  office,  and  went  into  opposition. 
Thereafter  until  January  1699  Sir  James  Ogilvie,  who  was  raised  to  the 
peerage  on  24th  June  as  Viscount  Seafield,2  continued  sole  Secretary  of 
State.  In  the  session  of  Parliament  which  sat  from  igth  July  to  1st 
September  1698,  Viscount  Seafield  as  Lord  President  and  sole  Secretary 
managed  so  well  as  to  obtain  the  requisite  supplies  and  to  smooth  over 
the  difficult  question  of  the  African  Company.3  The  expedition  to 
Darien  had  sailed  from  Leith  on  2&th  July  1698  amidst  great  popular 
enthusiasm. 

At  the  Michaelmas  Head  Court  of  1698,  after  the  entry  of  Earl 
Marischal  appeared  the  name  of  Viscount  Seafield. 

PATRICK  BROUNE,  HIGHLAND  REIVER. 

The  succession  of  bad  harvests  in  the  later  nineties  known  as  the 
"  ill  years  of  King  William,"  and  the  peace  of  Ryswick  in  September, 
1697,  which  was  followed  by  the  disbandment  of  several  of  the  King's 
Scottish  regiments,  increased  the  number  of  loose  Highlanders  who 
sorned  on  the  Lowlands.  One  of  these  freebooters  was  Patrick  Broune, 
accomplice  of  James  Macpherson,4  who  was  hanged  in  Banff  on  i7th 
November,  1700.  Peter,  or  Patrick,  and  Donald  Broune  were  probably 
hanged  in  Banff  in  June,  1701,  though  an  unknown  authority  referred 

1  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  224.  See  also  Carstares'  State  Papers 
and  Letters,  pp.  368-370. 

'State  Papers  (Scotland)  Warrant  Books,  Vol.  XVII.,  p.  14;  and  the  Acts  of  Parliaments 
of  Scotland,  Vol.  X.,  pp.  119  and  120. 

3  See  Letters  of  Seafield  and  others  in  Carstares'  State  Papers  and  Letters,  pp.  384-430 ; 
Commissioner's  Letters  to  King  in  Marchmom  Papers,  pp.  157-171  ;  and  Seafield  Corres- 
pondence (Scot.  Hist.  Socy.),  pp.  241-242. 

'"Miscellany  of  the  Spalding  Club,"  Vol.  III.,  pp.  175-191;  and  Dr.  Cramond's 
"Annals  of  Banff,"  New  Spalding  Club,  Vol.  I.,  pp.  99-113, 


PATRICK    BROUNE    ALLEDGIT    GIPSIE.  105 

to  by  Sir  William  Eraser  states  that  they  escaped.1     At  the  Michaelmas 
Head  Court  of  1698,  a  warrant  was  issued  against  Patrick : — 

And  anent  the  representatione  made  by  Sr  Jon  Gordone  of  Park  in 
name  of  himself  and  the  countrey  against  Patrick  Broune  alledgit 
gipsie  and  his  accomplices  ffor  soroneing  throw  the  countrey,  the 
Shirreff  grantes  warrand  to  any  persone  who  may  have  occasion  to 
meitt  with  him  to  apprehend  and  present  him  to  justice. 

RENUNCIATION  OF  MAYNES  OF  LICHNETT  IN  GAMRIE. 
The  Michaelmas  Head  Court  Minute  of  1698  continues: — 
Lykeas  compeired  Patrick  Smith  in  Lichnet  and  presented  ane  renun- 
ciatione  granted  by  him  off  his  possessione  of  the  Maynes  of  Lichnett  and 
pertinents  yrof  perteineing  to  James  Innes  of  Lichnett  after  the  tearme 
of   Whitsunday    nixt    to    come,    reserveing    his    crops    of    cornes    and 
plenishing  that  shall  be  then  thereupon,  and  that  to  and  in  favores  of 
the  sd  James  Innes  dateit  the  day  of  ,  and  protested 

to  be  free  of  the  sds  landes  after  the  sd  terme  of  Whitsunday  nixt  to 
come.  The  Shreff  admitted  the  sd  protestatione  and  ordeined  the 
samyn  to  be  insert  in  the  Court  bookes  and  extractes  yrof  to  be  given 
to  the  sd  Patrick  Smith  :  Whereupon  act  of  Court. 

NICOLAS  D UNBAR,  Dept. 

VISCOUNT  SEAFIELD  AND  DARIEN. 

The  burden  of  State  affairs  resting  on  one  Secretary  of  State,  when 
Scots  affairs  had  to  be  attended  to  in  Edinburgh  and  at  the  Court  in 
London,  was  too  much.  Writing  on  3ist  January  1699,  Seafield's 
private  secretary  says: — "The  King  has  given  a  demonstratione2  of 
gratitude  this  night  to  those  who  served  him  faithfully  the  last  session 
of  Parliat,  and  bestowed  places,  pensions  and  honours  on  them,  and 
that  by  my  Lord's  moyen  and  recommenda°nc'.  He  [SeafieldJ  saw 
there  behoved  to  be  a  conjunct  secretary,  so  he  made  choice  off  Lord 
Carmichael.  He  is  ane  easy  man,  and  I  hope  they  will  aggree  well 
together."  Lord  Carmichael,  who  afterwards  became  Earl  Hyndford, 
has  left  a  short  and  jaundiced  account 3  of  Seafield.  It  is  characteristic 

'  "The  Chiefs  of  Grant,"  Vol.   I.,  pp.   325-6. 

'Seafield   Correspondence  (Scot.  Hist.  Socy.),  pp.  255-257:   and  Carstares'  State  Papers 
and  Letters,  pp    457-464. 

3  Carstares'  State  Papers  and  Letters,  p.  94. 

O 


106  RECORDS   OF   THE   COUNTY   OF   BANFF. 

of  the  Scots  political  methods  of  the  time,  and  having  got  into  print, 
has  consequently  marred  the  just  reputation  of  his  patron  Seafield. 
But  political  times  were  soon  to  be  trying  and  more  difficult. 

When  Seafield's  secretary  wrote  from  Whitehall  on  3ist  January, 
he  further  announced  the  "  very  bad  news  this  day  off  the  Prince  of 
Bavaria's  death.  It  will  putt  a  great  altera°ne  in  fforreign  affairs,  .  . 
....  and  there  wUl  be  great  debates  for  the  succession  of  Spain." 
The  Commissioners  of  Justiciary  of  the  Northern,  Middle  and  Southern 
districts  of  Scotland  were  harshly  dealing  at  law  with  the  many  loose  and 
masterless  men  in  Scotland  consequent  on  the  extensive  disbandment  of 
the  Scots  army  and  the  great  scarcity  in  the  county.  Rumours  were  at 
last  coming  through  that  the  Darien  venture  was  not  so  hopeful  as  had 
been  thought,  and  that  the  Spanish  Don  was  coming  against  the  colony. 
Complications  in  foreign  affairs  annulling  conditions  in  the  peace  of 
Ryswick,  unrest  and  famine  in  Scotland,  and  the  omens  of  failure  in 
the  Darien  adventure,  into  which  all  Scotland,  with  one  or  two  excep- 
tions, had  put  money,  together  with  diplomatic  tension  with  Spain  and 
England,  clouded  the  political  sky.  On  2nd  May  1699,  Seafield's 
secretary  in  London  tells  that  "  the  common  talk  is  only  off  our  Affrican 
company.  My  Lord  President  [Hugh  Dalrymple]  and  Advocate  are 
here,  who  will  give  advice  concerning  it.  There  choise  of  that  place  is 
mightily  commended,  and  if  they  can  enjoy  it  peaceably  it  will  make 
Scotland  flourish."  J  The  true  state  of  affairs  was  then  far  different. 
The  expedition  arrived  on  3rd  November  1698,  and  set  about  opening  up 
trade  with  the  neighbouring  settlements  and  colonies,  and  particularly 
with  the  English  colonies  in  the  West  Indies  and  New  England. 
Ignorance  of  the  proper  methods  of  settlement  in  a  tropical  region, 
unpreparedness,  the  hostility  of  the  English  colonies  inspired  from  the 
Parliament  at  London,  and  the  political  complications  arising  in 
connexion  with  the  colonists'  settlement  in  territory  claimed  to  be 
Spanish,  though  not  effectively  occupied  by  Spain,  which  involved  the 
active  hostility  of  that  country  and  the  antagonism  of  the  English  Govern- 
ment then  at  peace  with  Spain,  but  anxious  to  catch  hold  of  any  plea 
against  Scotland's  colonizing  ventures — all  combined  to  ruin  the  enter- 
prise. The  colony  was  abandoned  on  2Oth  June  1699,  six  weeks  after 
the  sanguine  expectations  of  Seafield's  private  secretary  were  written. 
Two  auxiliary  ships  from  Scotland  arrived  in  August  to  find  the 
settlement  abandoned.  A  second  expedition,  which  sailed  from  the 
Clyde  on  24th  September  1699,  arrived  at  Darien  on  3Oth  November 
1699.  But  the  venture  flickered  out.  On  nth  April  1700,  the  settle- 
ment was  abandoned,  and  a  legacy  of  political  troubles  was  left,  which 

1  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  264. 


BANFFSHIRE   AND   DARIEN.  107 

in  the  end,  greatly  by  Seafield's  endeavours,  was  settled  in  the  corporate 
union  of  England  and  Scotland  of  1707. 

Meantime,  with  bad  news  coming  through  to  Scotland,  the  fat  was 
in  the  fire.  The  excited  state  of  feeling  in  Scotland  over  the  failure  of 
the  Darien  adventure,  in  which  nearly  every  Scotsman  had  invested  his 
money,  resulted  in  addresses  to  the  King  from  the  directors  of  the 
African  company,  from  the  nation,  and  from  most  of  the  counties  and 
royal  burghs  of  Scotland.  In  Banffshire  there  was  "hott  service" 
in  the  end  of  December  1699 ;  and  a  report  had  reached  Edinburgh 
that  the  Earl  of  Findlater  had  even  "  subscrived  "  the  address.1  That 
was  not  the  case;  and  with  rare  caution  neither  Seafield  nor  his  father 
had  subscribed  money  to  the  company.  An  address  was,  however, 
notwithstanding  Seafield's  opposition,  voted,2  asking  the  King  to 
recognise  the  right  to  colonise  Darien.  In  this  movement  James 
Ogilvie  yr.  of  Boyne,  who  was,  if  not  now,  soon  to  become  one  of  Tulli- 
bardine's  "  doers "  in  opposition,  took  an  active  part.  One  compen- 
sation alone  resulted.  The  international  trouble  arising  out  of  the 
Darien  affair  was  early  in  1700  forcing  on  the  English  Parliament  the 
question  of  a  corporate  union  between  England  and  Scotland.  3 

In  February  1700,  Viscount  Seafield  was  in  Edinburgh  as  Lord 
High  Commissioner  to  the  General  Assembly  of  the  Church  of 
Scotland,  which  met  that  month. 

JAMES,  EARL  OF  AIRLIE. 

At  the  Pasch  Head  Court  of  1700  James,  Earl  of  Airlie,  dropped 
from  the  Banffshire  suite  roll,  his  lands  of  Alvah,  Bachlaw  and 
Tippertie  then  appearing  after  the  name  of  Alexander  Duff  of  Bracco. 
Writing  to  the  Earl  of  Findlater  on  igth  May  1699,  Alexander  Ogilvie 
of  Forglen  tells  him  how  "  the  reversione  of  the  Earle  of  Airelay's 
estate  in  the  shire  [Banff]  with  the  burden  of  the  wodesetts  and 

liferents  was  preferred  for  ane  hundreth  thousand  merks 

Bracco  hath  accepted  of  the  proferr,  having  the  advantage  of  the 
present  possession."4  So  passed  from  the  Ogilvies  of  Airlie  their 
possessions  in  Banff,  leaving  not  a  wrack  behind  save  the  name  of  the 
Lodging  of  Airlie,  still  clinging  to  the  old  tower  in  the  gardens  of 
Duff  House.  Thus  was  another  important  estate  added  to  the  extensive 

'Seafield  Correspondence  (Scot.   Hist.   Socy. ),  p.  277. 

2  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  X.,  App.,  pp.  79,  80. 

3  The  Marchmont   Papers,  Vol.  III.,  p.   178;  and  Seafield  Correspondence  (Scot.  Hist. 
Socy.),  p.  283. 

*  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  267. 


io8 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


landed  possessions  which  the  House  of  Fife  was  to  amass,  and  in  the 
twentieth  century  to  scatter. 

The  Scots  Parliament,  which  met  on  2ist  May  1700,  proved 
unmanageable,  declining  to  vote  supplies.  It  was  adjourned  on  30th 
May  to  20th  June  to  prevent  the  passing  of  a  "  resolve  "  declaring 
Caledonia  a  rightful  settlement,  and  pledging  Parliament  to  maintain 
the  same.  The  King  could  not  and  would  not  yield  on  this.  Seafield's 
private  secretary,  writing  to  the  Earl  of  Findlater  from  London  on 
i3th  June  1700,  says  regarding  the  overture  concerning  Darien : — "The 
Earles  of  Argyle  and  Annandale  and  my  Ld.  Seafield  have  importuned  the 
King  to  consent ;  but  have  not  yet  prevailed.  It  is  the  greatest  trouble 
can  attend  my  Lord  that  he  cannot  bring  the  King  to  yeild  speedily, 
though  perhaps  a  great  many  will  not  beleeve  so  much."  '  In  the 
adjourned  session  of  Parliament,  which  sat  from  2gth  October  1700 
to  ist  February  1701,  by  skilful  management  in  view  of  foreign  com- 
plications, ''  resolves  "  on  Darien  were  shelved  and  supplies  were  voted 
in  the  end. 

But  Seatield's  influence,  even  in  his  own  county,  had  in  consequence 
suffered  badly.  Provost  Stewart,  Commissioner  for  the  Royal  Burgh  of 
Banff,  had  died  ;  and  when,  in  April  1701,  the  Lord  Secretary  made  a 
move  to  have  his  friend  Alexander  Ogilvie  of  Forglen  elected,  it  failed,2 
though  he  was  next  year  returned. 

In  June  1701  Forglen  received  his  patent  as  knight  baronet,  and  at 
the  ensuing  Michaelmas  Head  Court  of  the  shire  he  was  enrolled  for 
the  lands  of  Forglen. 

THE  EARL  OF  SEAFIELD. 

On  24th  June  1701,  Viscount  Seafield  was  created  Earl  of  Seafield, 
Viscount  Reidhaven,  and  Lord  Ogilvie  of  Deskford  and  Cullen.  His 
son  James,  in  consequence  of  the  death  of  his  uncle  Walter,  Lord 
Deskford,  in  1699,  and  of  his  father  being  now  an  earl,  took  the  courtesy 
title  of  the  heir  of  the  Findlater  peerage,  Deskford.  Seafield's 
secretary,  James  Baird,  writing  on  4th  July  1701,  says: — "Carmichall 
would  neeids  be  an  Earle,  and  my  Lord  Seafield  was  forced  to  take  on 
too  to  keep  his  rank  with  him,  being  alreadie  a  step  befor  him."  3 

THE   SPANISH   SUCCESSION. 

The  treaty  of  Ryswick  was  followed  by  the  two  partition  treaties  of 
1698  and  1700,  regulating  the  succession  to  the  Spanish  throne.  The 

'  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  290. 
"Ibidem,  p.   328. 
3  Ibidem,  p.  332. 


BANFFSHIRE    AND   THE    WAR   OF    THE    SPANISH    SUCCESSION. 

second  treaty  followed  the  death  of  Ferdinand  of  Bavaria,  and 
divided  the  Spanish  dominions  between  the  Emperor's  son  Charles, 
who  was  to  have  the  crown  of  Spain,  and  the  Dauphin  of  France. 
The  aged  King  of  Spain,  opposed  to  this  last  partition,  bequeathed  his 
undivided  kingdom  to  Philip  of  Anjou,  second  son  of  the  Dauphin. 
He  died  in  October  1700;  and  the  Emperor  with  the  Dutch  took  up 
arms  against  France  to  defeat  the  King  of  Spain's  bequest  and  to 
vindicate  the  claim  of  his  son  Charles.  William,  handicapped  by  a 
hostile  Parliament  in  England,  did  not  come  into  line  at  once  with'his 
old  allies.  Prerogative  stretched  further  in  Scotland,  and  in  the  spring  of 
1701  he  was  strengthening  his  position  by  sending  out  some  regiments 
from  Scotland  to  Holland.  In  September  1701  King  William  formally 
joined  the  Grand  Alliance  against  France.  A  few  days  later  King 
James  died  at  St.  Germains.  His  son  was  immediately  acknowledged 
King  of  England  by  Louis.  Faction  at  once  ceased  in  England  and  in 
Scotland.  Loyal  addresses  poured  into  Court ;  and  a  united  people 
formed  behind  William.  He  returned  from  Holland  to  England  on 
4th  November,  and  dissolved  the  English  Parliament  three  days  later. 
In  December  a  Whig  majority  was  returned  ready  to  vote  him  supplies 
and  to  carry  on  the  war  against  France. 

In  Scotland  no  dissolution  was  considered,  or  was  necessary.  Sir 
Alexander  Ogilvie  of  Forglen,  writing  to  the  Earl  of  Findlater  from 
Edinburgh  on  22nd  October  1701,  tells  how: — "The  Earle  of  Marr 
with  three  and  twentie  more  at  a  justice  court  in  Stirling,  have 
subscrived  a  wery  loyall  address  to  his  Majtie.  The  Earle  of  Tulli- 
bardne,  with  eight  or  nyn  of  his  party,  did  speake  and  votte  for 
delaying  it,  and  when  it  was  carried  agt.  them,  they  went  out  and 
wold  not  signe.  My  Lord,  I  know  the  Earle  of  Scarield  will  be 
mos  desireouse  that  there  be  ane  address  in  lyke  maner  from  the  court 
at  Aberdein,  and  therefor  I  earnestly  becheesh  your  Lo.  may  keep 
the  dyet,  for  I  cannot  express  how  it  will  delight  your  son  to  see  your 
hand  there,  and  it  will  incourage  many  in  yor  countrey  to  waite  on  you, 
and  I  hope  this  shall  make  amends  for  the  discontent  he  hade  by  the 
last  address *  was  sent  out  of  his  countrey,  and  the  chainge  on  this 
occasion  will  be  imputed  to  his  presence  so  lately  there."  2  Addresses 
from  the  County  of  Banff  and  its  two  Royal  Burghs  did  come  in  due 
course ;  but  another  event  was  soon  to  intervene.  On  2oth  February 
1702,  William  broke  his  collar  bone.  On  8th  March  he  died,  bequeathing 

•Acts  of  the  Parliaments  of  Scotland,  Vol.  X.,  App.,  pp.  79-80. 
*  Seafield  Correspondence  (Scot.  Hist.  Socy.),  pp.  336-7. 


HO  RECORDS  OF  THE  COUNTY  OF  BANFF. 

to  his  successor  the  solution  of  the  clamant  question  of  an  incorporating 
union  of  England  and  Scotland,  and  the  war  of  the  Spanish  succession. 

QUEEN  ANNE  AND  UNION. 

On  Queen  Anne's  succession,  Seafield  continued  to  act  as  Secretary 
of  State  for  Scotland,  with  the  Duke  of  Queensberry  as  his  colleague. 
Parliament,  which  originally  had  been  elected  in  March  1689,  met  on 
gth  and  adjourned  on  3oth  June  1702.  The  question  of  an  incorporating 
union  bequeathed  by  William  to  the  Parliaments  of  England  and  Scot- 
land had  been  so  far  advanced  that  in  May  and  June  Commissioners 
had  been  appointed  to  treat.  These  met  in  London  on  loth  November, 
but  negotiations  broke  down,  as  the  English  Commissioners  would  not 
concede  equal  trading  privileges  to  Scotland.  Meantime,  in  accordance 
with  constitutional  usage,  Parliament  was  dissolved,  and  a  new  one 
summoned  on  25th  August  1702.  On  that  same  date,  in  consequence 
of  the  new  reign,  a  warrant '  for  a  new  gift  of  the  Sheriffship  of  Banff 
was  issued  in  favour  of  the  Earl  of  Seafield. 

ELECTION  OF  JAMES  OGILVIE,  VK.  OF  BOYNE,  AND  ALEX.  DUFF 
OF  BRACCO,  AS  COMMISSIONERS  OF  THE  SHIRE. 

The  election  for  Banffshire  is  recorded  in  the  following  Minute, 
which  shows  a  continuance  of  the  impaired  influence  of  Seafield,  and  a 
recrudescence  of  Jacobitism  in  the  defeat  of  Sir  James  Abercrombie 
of  Birkenbog,  Seafield's  nominee,  and  the  election  of  James  Ogilvie, 
yr.  of  Boyne,  heir  to  a  bankrupt  estate,  and  "  doer "  to  Tullibardine 
in  opposition.  The  Minute  otherwise  speaks  so  plainly  on  the  political 
questions  of  the  time  and  the  keenness  of  political  feeling,  as  to  need  no 
comment.  The  record  of  the  old  extent  of  the  lands  of  most  of  the 
electors  present  is  probably  more  interesting : — 

ATT  Banff  the  sixth  day  of  October,  Iajvy&  two  years. 

The  whilk  day  Nicolas  Dumbar  of  Castlefield  produced  her  Maties 
proclame°n  the  date  at  Windsor  Castle  the  twenty  fifth  day  of  August 
last  bypast  for  calling  of  ane  new  Parliat  to  sitt  at  Edr  the  twelth  of 
Nover  nixt,  requiring  and  comanding  the  Shirreffs  in  the  rexive  shires  to 
the  end  that,  according  to  the  lawes  and  acts  of  Parliat,  elec°nes  may  be 
made  of  fitt  persones  to  be  Commissrs  to  the  sd  Parliat :  In  obedience 
qrunto  the  haill  {freeholders  of  this  shyre  being  warned  by  intima°nes 
at  the  mercat  croce  of  Banff  and  at  each  parish  church  within  the  sd 
shyre  to  meet  this  day  and  place  to  the  effect  forsd  and  to  keep  the 
head  court  the  sd  day,  which  accordingly  being  done  and  the  head 
court  adjourned,  the  ffreeholders  having  elec°ne  of  Comissr5.  did  make 
1  State  Papers  (Scotland)  Warrant  Books,  Vol.  XVIII. 


ELECTION  OF  YOUNG  BOYNE  AND  BRACCO.  Ill 

up  the  roll  following  of  all  the  ffreeholders  within  the  same,  whether 
lying  within  stewartries  not  having  Comissrs  or  bailliaries  of  royalty  or 
regality  or  without  the  same,  of  the  holding  valua°n  and  extent  mentd 
in  the  act  of  Parliat  1681,  containing  the  names  and  designates  of  the 
ffiars  liferenters  and  husbandes  having  right  to  vote  in  maner  yrin 
specd,  and  qch  roll  of  elec°ne  is  insert  here  as  foliowes — 

Sr.  Patrick  Ogilvie  of  Boynd.  James  Duff  of  Crombie. 

Sr.  John  Gordone  of  Park.  Mr.  Wm.  Joass  of  Collyneward. 

Sr.  Allexr.  Ogilvie  of  fforglan.  Allexr.  Lesly  yor  of  Kininvie. 
Sr.  James  Abercromby  of  Birkenbog.   Mr.  James  Lesly  of  Tullich. 

Allexr.  Duff  of  Bracco.  George  Gordon  of  Carnousie. 

John  Stewart  of  Kilmachlin.  Peter  Russell  of  Montcoffer. 

Allexr.  Gairden  of  Troup.  Allexr.  Abercromby  of  Glassaugh. 

James  Ogilvie  of  Baldeavie.  Charles  Gordon  of  Glengerrack. 

John  Grant  of  Ballandalloch.  John  Innes  of  Edingeith. 

John  Ramsay  of  Laithers.  James  Ogilvy  yor  of  Boynd. 

James  Gordone  of  Daach.  Sr.  James  Innes  of  Kinermony. 

John  Abernethie  of  Meyan.  John  Grant  of  Easter  Elchies. 

Mr.  Thomas  Merser  of  Todlaw.  Walter  Grant  of  Arindillie. 

David  Cruikshank  of  Ballnoon.  Peter  Innes  of  Soccoch. 

Allex1".  Stewart  of  Achorachan.  Mr.  David  Gordon  ot  Achoynonie. 

John  Leslie-of  Kinninvie.  George  Gordone  of  Aradoule. 

John  Grant  of  Carron. 

And  yrafter  the  ffreeholders  contained  in  the  roll  for  elec°ne  (Swrin  and 
who  have  taken  the  oath  of  alledgeance  and  assurance  to  her  Matie 
Queen  Ann,  Allexr.  Duff  of  Bracco  first  Commissr.  elected  to  the  last 
Parliat  having  asked  the  votes  who  should  preside  and  who  should  be 
clerk  to  the  meeting,  it  carried  in  the  affirmative  and  by  plurality  of 
votes  that  Patrick  Leslye  Shreff  clerk  deput  of  Banffshyre  should  be 
clerk  and  Sr.  Patrick  Ogilvie  of  Boynd  preses  of  the  sd  meeting. 

Sr.  Allexr.  Ogilvie  of  fforglan  protested  that  the  above  mentd 
proceiding  wes  illegall  and  expressly  contrary  to  the  act  of  Parliat,  in 
respect  yr  wes  nothing  more  done  than  inserting  the  names  above 
mentd  w'out  instructing  any  of  yr  extents  or  valua°n  of  yr  lands  or 
mentione  made  upon  what  considera°n  it  wes  that  they  were  insert  as 
barons  and  freeholders,  and  no  reason  further  given  but  that  they  were 


112  RECORDS  OF  THE  COUNTY  OF  BANFF. 

insert  and  would  vote  at  yr  owne  perile :  To  which  ansred  to  the  forsd 
protesta°n  that  this  obje°n  is  agt.  the  haill  barons  and  ffreeholders 
without  condescending  on  any  parlar,  and  the  act  of  Parliat  1681  to 
wch  the  sederunt  expressly  relates  is  opponed,  whereby  it  is  expressly 
appoynted  that  none  shall  have  vote  but  these  who  are  in  the  termes  of 
the  act  of  Parliat ;  and,  if  any  persone  take  upon  them  to  vote  contrary 
to  the  tenor  yrof,  the  law  bears  the  penalty,  and  these  objectiones  are 
properly  to  be  discussed  before  the  Parliat  and  not  here,  seeing  the 
Shirreff  hes  omitted  his  duty  in  makeing  rolls  and  calling  the  heretors 
to  that  effect;  and  as  every  barone  and  freeholder  acts  here  on  yr  perile, 
so  the  rolls  of  the  retoured  duties  and  valua°nes  of  the  shyre  does 
clearly  instruct  who  hes  liberty  to  vote  or  not,  and  this  is  done  of  designe 
to  confound  the  elec°nes :  To  the  former  ansr  made  by  the  Laird  of 
Bracco  in  name  of  the  barons  it  is  replyed  by  fforglan  that  he  carries 
all  due  respect  and  honor  to  the  barons  both  in  generall  and  in  parlar, 
and  that  the  objec°ne  and  protesta°ne  is  agt.  the  forme  of  makeing  the 
roll ;  and  whereas  it  is  urged  that  the  stent  roll  and  books  of  valua°ne 
doe  clear  what  is  possessed  by  every  man  it  is  doubted,  only  what  is 
urged  here  is  that  in  the  termes  of  the  act  of  Parliat  1681  yr  should  be 
a  produc°ne  of  the  extent  valua°ne  and  holding  for  qch  they  are  listed 
as  barons  and  yr  lands  parlly  designed,  since  for  want  of  this  it  is 
impossible  to  any  man  to  propose  relevant  objec°nes.  The  barons 
repeat  the  former  ansr.  and  craives  fforglan  may  condescend  on  those 
agt.  whom  he  objects :  Parlly  as  to  that  ansred  by  fforglan  that  when 
they  goe  thorow  the  forement'1  list  every  man  that  inclines  to  object  or 
is  in  knowledge  of  what  is  contrary  to  the  act  of  Parliat  they  will 
mentione  it  by  way  of  objec°ne,  but  its  very  hard  to  desire  a  man  to 
make  ane  objec°ne  when  yr  is  nothing  produced  agt.  qch  he  shall  object, 
yr  being  nothing  mentd  but  a  gentlemans  name  singly  wtten  doune : 
It  is  replyed  by  the  barons  that  its  earnestly  intreated  from  fforglan 
what  he  would  have  produced  and  by  whom ;  and  if  need  were  every 
man  can  here  condescend  on  the  lands  for  qch  he  contends  to  vote :  To 
qch  ansred  by  fforglan  that  the  Laird  of  Bracco  avers  in  name  of  the 
barons,  whereas  yr  are  a  good  many  that  doe  not  adhere  to  him ;  and 
that  all  fforglan  desires  is  in  makeing  up  yr  rolls  of  their  freeholders 
they  may  be  legall  and  formall  in  the  termes  of  the  act  of  Parliat  1681, 
as  is  above  mentd  :  The  barons  adhere  to  yr  former  ansrs. 


ELECTION  OF  YOUNG  BOYNE  AND  BRACCO.  113 

Sr  James  Abercromby  of  Birkenbog,  having  asked  at  Kilmachlin  if 
he  be  infeft  or  in  possne  or  hath  a  vote  conforme  to  the  act  of  Parliat, 
is  ansred  by  Kilmachlin  that  he  votes  on  his  perile :  To  qch  Sr  James 
Abercromby  replyed  that  in  respect  he  had  produced  nothing  to  give 
him  right  to  a  vote  therfor  he  protested  agt.  his  voteing,  and  yrupon  he 
takes  instruments :  Replyed  by  Kilmachlie  that  his  retour  being  a 
thrie  pound  land  is  here  produced,  and  that  he  is  appearand  air  to 
Kilmachlin  his  father  who  stood  last  vest  and  infeft  is  unquestionable, 
and  that  allwayes  \ves  in  use  to  vote  w'out  debat,  and  yrfor  protestes 
that  Birkenbog  may  be  lyable  to  him  for  his  expensses  and  for  the  five 
hundreth  merks  for  his  malicious  objec°ne  conforme  to  the  act  of 
Parliat :  To  which  ansred  by  Birkenbog  that  he  saw  nothing  produced 
but  the  generall  retour  of  the  shyre  and  no  parlar  paper  belonging  to 
Kilmachlin  qrby  he  might  make  it  appear  that  he  is  in  possne  of  the 
lands  of  Kilmachlin,  since  it  is  offered  to  be  proven  that  he  is  not  in 
possne  of  the  lands,  but  a  good  pairt  of  that  interest  sold  by  him  to  oyrs 
svrall  years  agoe. 

Birkenbog  protests  agt.  Ballnoon  that  he  is  not  ffour  hundreth 
pounds  of  valued  rent,  he  having  disponed  a  pt.  of  his  interest  to  his 
nephew,  and  yrfor  protested  agt.  him  voteing :  Tandem  Birkenbog 
passes  frae  his  objec°n  agt.  Ballnoon.  James  Ogilvy  yor  of  Boynd 
protested  that  no  objec°ne  or  protesta°ne  should  be  insert  in  this 
book  except,  conforme  to  the  act  of  Parliat,  yr  be  instruments  taken 
yron,  and  took  instruments :  Ansred  by  Birkenbog  that  he  may  object 
and  not  protest  when  he  is  not  resolved  in  scruples  that  he  propone, 
and  yrupon  takes  instruments. 

fforglan  objects  agt.  Carnousie  that  he  either  hath  gott  or  hes  the 
promise  of  good  deed  for  his  vote  from  Bracco,  in  regaird  the  sd  Laird 
of  Carnousie  told  him  that,  if  Bracco  did  not  give  him  a  discharge  of 
all  claggs  and  claims  betwixt  them,  he  would  not  give  him  his  vote;  and 
since  that  was  a  matter  so  considerable  to  him  as  his  standing  and 
falling  he  believed  no  man  would  take  excep°ne  agt.  him  soe  to  dispose 
of  his  vote,  and  yrupon  takes  instrument :  Its  ansred  by  Carnousie  and 
Bracco  that  the  assertione  is  most  false  and  calumnious,  and  qtever 
Carnousie  might  have  said  to  have  liberat  himself  from  fforglan's 
insinuates  and  extraordinary  applica°nes  and  solista°nes,  yet  Bracco 
and  Carnousie  are  content  before  this  honob1  meeting  to  free  them- 

p 


H4  RECORDS   OF   THE   COUNTY   OF    BANFF. 

selves  of  that  malicious  aspersione  upon  oath,  and  protested  that 
fforglan  be  lyable  conforme  to  the  act  of  Parliat  for  expenses  and  five 
hundreth  merks,  qrupon  they  take  instruments:  To  qch  ansred  by 
fforglan  that  the  specious  pretences  named  by  Bracco  are  as  false  and 
calumnious  as  may  be,  and  that  he  desires  either  Bracco  or  Carnousie 
may  condescend  upon  the  act  he  ever  desired  Carnousie  to  doe  to  the 
prejudice  of  his  country;  and  instanter  referrs  the  forsd  matter  to 
Carnousie's  oath,  and  for  further  clearing  the  said  matter  shall  lead 
famous  witnesses  that  shall  clear  the  whole  comuning  of  that  matter, 
and  protests  for  coast  skaith  and  damage  agt.  Bracco  for  his 
calumnious  aspersione :  Replyed  by  Bracco  that  the  objec°ne  is 
nowayes  in  the  termes  of  the  act  of  Parliat,  and  yrfor  cannot  be 
allowed,  and  for  his  services  done  his  country  it  will  appear  in  its  oune 
tyme. 

James  Ogilvie  yor  of  Boynd  protests  agt.  Todlaw's  voteing,  in 
respect  he  hes  acknowledged  befor  this  meeting  that  he  is  not  a  four 
hundreth  pounds  of  valued  rent,  nor  hes  a  ffourty  shilling  land;  and 
yrupon  takes  instrument. 

Sr  Allexr.  Ogilvie  of  fforglan  adhers  to  his  former  protestations 
of  the  informality  and  illegality  of  the  forsd  roll  of  ffreeholders,  in 
respect  that  some  of  them  being  parlly  interrogat  whether  they 
could  make  a  produc°n  to  qualifie  themselves  to  vote  in  the  termes 
of  the  act  of  Parliat,  they  ansered  they  would  vote  upon  yr  perile : 
To  qch  ansered  that  this  objec°ne  is  altogether  generall,  and  its 
here  protested  that  fforglan  the  objector  may  be  lyable  for  ffive 
hundreth  merks  and  expenses  to  any  man  who  shall  vote  here  and  be 
oblidged  to  produce  yr  papers  before  the  Parliat :  2do  The  objec°ne  is 
nowayes  in  the  termes  of  the  act  of  Parliat,  because  it  is  expressly 
provided  that  no  objec°ne  shall  be  admitted  but  qt  shall  be  proponed 
except  as  above  they  can  be  no  further  allowed  and  no  objec°ne  is 
alloweable,  but  qt  is  contd  in  the  instruments  taken:  Yrupon  fforglan 
adhers  to  his  former  protesta°n  in  respect  yr  is  no  evident  or  right 
produced  here  save  only  the  generall  retour  of  the  shyre:  Qrunto 
ansered  that  the  valua°n  books  and  the  generall  retour  of  the  shyre  are 
patent  which  showes  every  man  his  interest,  and  qr  yr  are  parlar 
objec°nes  proponed  they  are  ansered. 


ELECTION  OF  YOUNG  BOYNE  AND  BRACCO.          115 

And  it  being  farder  considered  by  the  freeholders  and  barons  of  the 
shyre  in  respect  of  fforglans  objec°ne  agt.  the  roll,  for  satisfieing  all 
concerned  in  the  meeting  before  they  would  enter  to  vote,  they  have 
sett  doune  the  roll  of  these  who  have  taken  the  oath  of  alledgeance  and 
assurance  conform  to  law  wt  their  severall  retours  lands  and  valued 
rent  in  the  termes  of  the  act  of  Parliat  as  followes : — 

Sr  Patrick  Ogilvy  of  Boynd  for  a  pt.  of  the  barony  of  Boynd 
possessed  by  him,  the  whole  of  qch  is  retoured  at  fourty  pounds  of  old 
extent  holding  of  the  King. 

Sr  John  Gordone  of  Park  for  the  lands  yrof,  being  ten  pound  of 
retour  and  seavinteen  hundreth  pounds  of  valua°ne  holden  of  the  King. 

Sr  Allexr.  Ogilvy  of  fforglan  for  the  lands  yrof,  being  retoured  at  five 
pound  holding  of  the  King. 

Sr  James  Abercromby  of  Birkenbog  for  the  lands  of  Gallcorse, 
retoured  at  six  pound  holding  of  the  King. 

Allexr  Duff  of  Bracco  for  the  Lordship  of  Balvenie,  being  twenty 
pound  of  retour  and  above  ane  thousand  pound  of  valua°n  holding 
of  the  King. 

John  Stewart  of  Kilmachlin  for  the  lands  yrof,  retoured  at  three 
pound  holding  of  the  King. 

Allexr  Gairden  of  Troup  for  the  lands  yrof,  retoured  above  ffourty 
shilling  and  above  ffour  hundreth  pounds  of  valued  rent  holding  of  the 
King. 

James  Ogilvy  of  Balldavie  for  the  lands  yrof,  retoured  at  four 
pound  holding  of  the  King. 

John  Grant  of  Ballandalloch  for  Tullocharron,  retoured  at  three 
pounds  holding  of  the  King. 

John  Ramsay  of  Laithers  for  Mellrose  Drachlaw  and  Drachlaw- 
milne,  above  ffour  hundreth  pounds  of  valued  rent  holding  of  the  King. 

John  Abernethie  of  Meyan  for  the  lands  yrof  Tarnemny  and  Quoir, 
above  four  hundreth  pounds  of  valued  rent  holding  of  the  King. 

David  Cruikshank  of  Ballnoon  for  the  lands  yrof,  above  four 
hundreth  pounds  of  valued  rent  holding  of  the  King. 

Allexr  Stewart  of  Achorachan  for  Lesmurdie,  retoured  at  three 
pound  of  old  extent  holding  of  the  King. 

James  Duff  of  Cromby  for  the  lands  yrof,  above  four  hundred 
pounds  of  valued  rent  holding  of  the  King. 


n6 


RECORDS    OF   THE    COUNTY   OF    BANFF. 


Mr.  Wm.  Joass  of  Collyneward  for  Denhead  Poddocklaw  and 
Whitoutie,  valued  above  ffour  hundred  pounds  holding  of  the  King. 

George  Gordone  of  Carnousie  for  the  lands  yrof,  retoured  at  ten 
pound  and  above  four  hundreth  pounds  of  valued  rent  holding  of 

the  King. 

Allexr  Abercromby  of  Glassaugh  for  the  lands  yrof,  above  four 
hundred  pounds  of  valued  rent  holding  now  of  the  King. 

Charles  Gordone  of  Glengerrack  for  the  lands  yrof  and  New- 
milne,  valued  above  four  hundred  pounds  holden  of  the  King. 

John  Innes  of  Edingeith  for  the  lands  yrof  above  four  hundred 
pounds  of  valued  rent  holden  of  the  King. 

James  Ogilvie  yor  of  Boynd  for  a  pairt  of  the  barony  of  Boynd, 
his  propor°ne  being  retoured  above  ffourty  shilling  and  valued  above 
four  hundreth  pounds  holding  of  the  King. 

Sr  James  Innes  of  Kinermony  for  the  lands  yrof,  valued  above 
four  hundred  pounds  holden  of  the  King. 

John  Grant  of  Easter  Elchies  for  the  lands  of  Edinvillie,  above  a 
ffourty  shilling  land  holden  of  the  King. 

Walter  Grant  of  Arindillie  for  the  Milne  of  Papin  and  oyrs, 
above  a  fourty  shilling  land  holden  of  the  King. 

Peter  Innes  of  Succoch  for  the  lands  yrof,  at  ffourty  shilling  land 
holden  of  the  King. 

Mr.  David  Gordone  of  Achynonie  for  the  lands  yrof,  valued  at 
four  hundred  pounds  of  valua°n  holding  of  the  King. 

John  Grant  of  Carron  for  the  lands  yrof,  valued  at  ffour  hundred 
pounds  of  valua°n  holding  of  the  King. 

The  whole  freeholders  (ijwrin  doe  unanimously  consent  that  who 
shall  be  chosen  Comissrs  to  represent  this  shyre  to  the  sd  Parliat. 
shall  serve  freely  and  gratis,  and  shall  consent  to  no  abjura°n  nor 
succession  untill  ane  unione  of  both  kingdomes,  qch  is  now  on  foot,  be 
concluded  and  ratified  by  both  Parliaments ;  and  whoever  shall  happen 
to  be  elected  shall  subve  their  instruc°nes,  and  upon  faith  and  honor 
performe  them,  and  shall  receave  and  obey  what  further  instruc°nes 
the  sds  electors  shall  give  them.  The  barons  and  freeholders  above 
wrin,  having  voted  who  should  be  Comissrs  to  the  forsd  Parliat.,  they 
by  plurality  of  votes  have  elected  nominat  and  chosen  James  Ogilvie 
yor  of  Boynd  and  Allexr  Duff  of  Bracco  Comissioners  to  represent 


ELECTION    OF    YOUNG    BOYNE    AND    BRACCO.  H7 

this  shire  to  the  forsd  Parliat.  above  inditted  and  haill  subsequent 
sessiones  yrof  in  cace  it  be  continued,  untill  the  finall  dissolutione 
yrof:  With  power  to  yin  to  meet  and  conveen  at  the  forsd  day 
appointed  for  the  sitting  of  the  Parliat.,  or  any  oyr  day  qrto  it  shall 
be  adjourned,  with  our  Dread  Soveraigne  Lady  the  Queen's  Majestic, 
or  Hir  Highness  Commisr  and  the  Estates  of  Parliat.,  and  yr  to  sitt 
voice  treat  conclude  and  determine  for  them  all  things  to  be  treated 
and  handled  in  Parliat,  sicklike  as  freely  in  all  respects  as  any  Comisrs 
from  any  shire  within  this  kingdome,  promising  to  hold  rirme  and 
stable  all  and  whatsomever  things  our  sds  Comisrs  shall  doe  yranent : 
In  witnes  whereof  the  forsd  Sr  Patrick  Ogilvy  of  Boynd  hes  subt 
thir  pnts  as  preses,  and  the  forsd  barons  hes  delivered  and  subt 
commissiones  to  their  forsaids  Comisrs,  and  hes  caused  yr  clerk  subve 
the  same  of  the  date  of  thir  prits,  and  hes  caused  him  append  the 
seall  of  office  of  the  sd  shyre  yrto.  PATRICK  OGILVIE. 

PAT  LESLYE,  Clk.  JAMES  OGILVIE. 

A.  DUFF. 

In  a  re-shuffling  of  offices,  on  2ist  November  1702  a  warrant1  was 
issued  for  a  commission  to  the  Earl  of  Seaneld  to  be  Lord  High 
Chancellor  of  Scotland;  and  on  the  same  day  Tarbat,  created  Earl  of 
Cromartie  on  1st  January  1703,  succeeded  him  as  Joint  Secretary  of 
State. 

ADDITIONS  TO  THE  COUNTY  SUITE  ROLL,  1703. 

At  the  Pasch  Head  Court  of  1703  the  following  heritors,  who  had 
appeared  and  voted  in  the  Banffshire  election  of  6th  October  1702, 
were  added  to  the  county  suite  roll : — 

Jas.  Ogilvie,  yor.  of  Boynd,  for  his  part  of  the  thayndom  of  Boynd. 

John  Grant  of  Easter  Elcheis,  for  the  lands  of  Edenwillie. 

Walter  Grant  of  Airndille,  for  the  lands  therof  and  Miln  of  Papine. 

Patt.  Innes  of  Soccach,  for  the  lands  therof. 

John  Grant  of  Carron,  for  the  lands  theroff. 

Sr.  Ja.  Innes  off  Kinermony,  for  the  lands  theroff. 
All  the  above  dropped  from  the  county  Pasch  roll  of  1710. 

BANFFSHIRE  AND  THE  TREATY  OF  UNION. 

The  new  Parliament,  which  met  on  6th  May  1703,  was  very  trouble- 
some. No  progress  was  made  with  the  question  pressed  on  them  of  an 

1  State  Papers  (Scotland)  Warrant   Books,  Vol.   XVIII.,  pp.  239-245. 


Il8  RECORDS  OF  THE  COUNTY  OF  BANFF. 

incorporating  union,  and  the  session  was  adjourned  on  i6th  September. 
The  new  session  of  1704  was  equally  troublesome ;  and  no  progress 
was  made  with  the  government  bill  authorising  the  Queen  to  nominate 
commissioners  to  negotiate  a  union.  The  minute  appointing  James 
Ogilvie,  yor.  of  Boyne,  Commissioner  of  Banffshire  on  6th  October 
1702,  instructed  him  and  his  colleague,  Alexr.  Duff,  to  consent  "  to  no 
abjuration  nor  succession  untill  ane  unione  of  both  Kingdomes  qch  is 
now  on  foot  be  concluded  and  ratified  by  both  parliaments."  If  the 
parliament  of  England  refused  compensation  for  the  Scots  loss  at 
Darien  and  would  not  agree  to  free  trade,  they  were  keen  that  Scotland 
should  adopt  the  Hanoverian  succession,  legalized  for  England  in  1701, 
and  exclude  the  Stuarts  from  the  throne.  Scotland  could,  however, 
and  did  in  the  end  force  her  conditions  by  refusing  to  adopt  the  Guelph 
succession  to  the  crown  until  she  had  obtained  her  conditions.  On  5th 
August  1704,  the  Act  of  Security  was  touched  by  the  sceptre  and 
became  law,  another  lever  to  enforce  the  Scots  conditions  of  union, 
answered  by  an  enactment  of  the  English  Parliament  declaring  all 
Scotsmen  in  England  aliens.  These  were,  however,  mere  diplomatic 
moves  by  the  contending  Parliaments. 

In  her  endeavours  to  solve  this  difficult  situation  the  Queen  on  i7th 
October  1704,  again  appointed  Seafield  Secretary  of  State  for  Scotland, 
with  the  Earl  of  Roxburgh '  as  colleague.  On  loth  March  1705,  in 
the  ever-shifting  combinations  of  Scots  ministers,  Seafield  was  again 
appointed  Lord  High  Chancellor.  But  an  event  was  transpiring  which 
was  all  compelling  for  union,  if  civil  war  was  to  be  averted.  The  tragic 
episode  of  the  condemnation  to  death  on  5th  March  1705  by  the  Scots 
Court  of  Admiralty  of  Capt.  Green  of  the  English  ship,  "  Worcester," 
and  some  of  his  crew,  for  alleged  piracy  and  murder  of  Capt.  Drummond 
of  the  African  company's  ship,  "  Speedy  Return,"  and  the  execution  of 
Green  and  two  of  his  crew  on  the  sands  of  Leith  on  nth  April  were 
followed  by  such  serious  recriminations  between  the  two  nations  as 
almost  to  lead  to  civil  war.  The  Queen's  advisers  in  England  saw  that 
they  must  make  the  concessions  demanded  by  Scotland  if  war  was  to  be 
avoided,  and  if  a  union  entailing  the  same  succession  was  to  be  achieved. 
Writing  from  Edinburgh  on  3rd  July  1705,  to  his  cousin  in  Cullen, 
Seafield's  private  secretary  says : — "  Wee  have  a  great  report  of  ane 
skirmish  that  was  among  the  gentlemen  in  Banffshyre  and  that  very 
bloody,  which  made  us  beleeve  that  Boynd  should  not  have  been  able 
to  have  come  to  the  Parliament,  but  wee  see  it  to  be  otherwise.  He  is 
come  up  and  sayes  there  was  no  such  thing.  If  it  had  been,  I  beleeve 
you  would  have  sent  us  ane  accou.  I  have  little  time  to  write  any 
1  State  Papers  (Scotland)  Warrant  Books,  Vol.  XX.,  pp.  40-48. 


BANFFSHIRE    AND   THE   TREATY   OF    UNION.  Iig 

more,  for  the  Parlia".  is  now  sitting,  and  every  minute  diverted.  Our 
Parlia".  will  be  very  fashious.  The  Queen  in  her  letter  recommends 
the  setling  of  the  succession,  a  treatty  of  union  with  England,  and  six 
moneths  cess,  the  last  of  qch  will  please  you  worst,  because  you11  bear 
a  part  of  the  burden."1  Parliament  adjourned  on  2ist  September  1705, 
after  passing  the  act  for  a  treaty  of  union  with  England,  to  which  young 
Boyne  and  Bracco  were  opposed.  On  the  other  hand  the  Commissioners 
for  the  Royal  Burghs  of  Banff  and  Cullen  voted  in  support. 

DUNBAR   OF    DURN. 

In  the  Michaelmas  suite  roll  of  the  county,  1705,  James  Dunbar, 
younger  of  Durn,  was  entered  for  Durn,  and  next  year  at  Michaelmas 
the  Earl  Marischal  ceased  to  be  enrolled  for  that  estate.  James  Dunbar 
was  eldest  son  of  Sir  William  Dunbar  of  Durn,  who  was  created  on 
agth  January  1698  a  baronet  through  the  influence  of  his  son-in-law, 
Seafield.  The  minute  bears:— 

"The  sd  day  compeared  James  Dunbar  of  Durne  and  produced  a 
charter  under  the  great  seal  granted  to  him  of  the  superiority  of  the 
lands  of  Durne,  w'  the  reservatione  of  ane  part  yrof  in  favours  of  the 
Earle  Marshall  in  manner  spect.  in  the  sd  charter,  \vt.  anc  instrument  of 
sasine  yron,  and  craved  to  be  enrolled  in  the  head  court  roll  as  a  barone : 
Which  being  considered  be  the  Shreff  he  ordained  him  to  be  inrolled 
as  above. — Qron.  act." 

BlRKENBOG    AND    PARK   CONTEND    FOR    PRECEDENCE,    1705-6. 

At  the  same  Michaelmas  court  of  1705,  Birkenbog  and  Park  continued 
their  old  contention  for  precedence : — 

The  sd  day  compeared  perllie  Sr  James  Abercrombie  of  Birkenbog, 
and  protested  that  the  rolls  may  be  altered  in  so  farr  as  Sr  John 
Gordone  of  Park  is  called  before  him,  notwithstanding  that  his  patent 
as  Knight  Baronett  is  of  ane  older  date,  and  for  instructing  yrof  pro- 
duced ane  patent  granted  by  King  Charles  the  First  to  his  father 
constituting  him  and  his  airs  maill  Knights  Baronets  w  all  the  honors 
and  dignities  yrto  belonging,  dated  the  twentieth  of  ffebruary  Iajvy& 
thirtie  six  years,2  against  which  Sr  John  Gordone  protested  and  craved 
that  the  rolls  may  be  continued  as  they  are.  The  Shirreff  referrs  the 
decisione  of  this  precedencie  till  he  advyse  wt.  the  Prin11  Shreff. 
Thereafter  Sr  John  Gordon  of  Park  protested  that  Sr  James  Aber- 
'  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  421.  *  See  also  p.  10. 


120  RECORDS   OF   THE    COUNTY   OF    BANFF. 

cromby  wes  nether  a  barone  nor  had  a  barony  and  offered  to  prove  the 
samen,  agt.  qch  Birkenbog  protested  and  oppones  his  patent  and 
charters  and  infeftments:  Ansred  be  Sr  Jon  Gordone  that  Birkenbog's 
patent  produced  is  nether  in  his  name  nor  in  his  favours,  and  is  now  in 
desuetude  never  having  been  made  use  of  be  his  father  nor  himself,  and 
that  the  sd  Sir  Jon  Gordone  has  been  in  peaceable  possne  of  his  right 
w'out  interruptione  till  this  day. 

At  the  Pasch  Head  Court  of  1706  Birkenbog  renewed  his  protest; 
and,  at  the  ensuing  Michaelmas  Head  Court  that  year,  on  the  following 
interlocutor  of  the  Sheriff  depute,  Birkenbog  was  enrolled  before  Park. 

Birkenbog  protested  as  formerly  for  his  precedency  before  Sr  Jon 
Gordone,  and  yt  he  may  [be]  ranked  accordingly,  and  Sr  Jon  Gordone 
protested  in  the  contrary.  The  Shrcff  deput,  having  considered  the 
sds  protestationes  made  no\v  and  formerly,  he  ffinds  Birkenbog's  patent 
preferable,  and  yrfor  ordains  Birkenbog  to  be  ranked  hereafter  before 
Sr  Jon  Gordone :  Agt.  qch  interloqr  Sr  Jon  Gordone  protests,  and 
contends  yt.  Birkenbog's  patent  is  in  desuetude  and  prescrived,  and 
contains  no  lands  nor  house  nor  yaird. 

ELECTION  OF  ALEXANDER  ABERCROMBIE  OF  GLASSAUGH  AS  A 
COMMISSIONER  OF  BANFFSHIRE. 

Alexander  Abercrombie  of  Glassaugh,  Fordyce,  was  the  son  of  Mr. 
John  Abercrombie  of  Farskane  also  first  of  Glassaugh,  second  son  of 
Alexander  Abercrombie  of  Birkenbog,  who  died  in  1647. J  This  cadet 
of  the  Abercrombies  of  Birkenbog  was  a  near  neighbour  and  intimate 
friend  of  the  third  Earl  of  Findlater  and  of  his  son,  the  first  Earl  of 
Seafield.2  On  the  outbreak  of  the  war  of  the  Spanish  succession,  Sir 
Alexander  Ogilvie  of  Forglen,  writing  with  Seafield's  authority  to 
Findlater  on  2nd  February  1702,  says :— "  Teviotts  regement  of  dra- 
goons, Rues  and  ffergusons  regements  of  foot  goe  abroad,  and  new 
regments  are  to  be  levied  in  there  place.  The  Collonells  are  not  yet 
determined.  It  is  fitt  time  to  your  Lo.  to  move  for  any  friend.  Acquant 
Glassaugh  heinvith  ;  and  tell  him  from  me  he  hade  never  a  fitter 
opportunity  of  preferrment  if  he  inclines  to  change  the  plough  for  the 
sword."  3  Glassaugh  acted  on  Forglen's  advice,  and  applied  for  com- 
missioned service  in  the  dragoons.  4  It  was  not,  however,  until  3ist 

1  See  pages  9  and   10. 

*  Seafield  Correspondence  (Scot.   Hist.   Socy.),  pp.  333-4. 

3  Ibidem,  p.  347.  •>  Ibidem,  p.  348. 


ELECTION    OF   GLASSAUGH    AS   COMMISSIONER   OF   THE    SHIRE.      121 

January  1706,  that  he  received  a  commission  as  lieutenant  in  the  Earl 
of  Mar's  regiment  of  infantry,  so  called  from  the  name  of  its  colonel, 
thereafter  called  Lord  Strathnaver's. 

Alexander  Duff  of  Bracco,  Commissioner  for  Banffshire,  a  keen 
opponent  of  union,  who  threatened  to  behead  any  supporter  of  the 
same  "  like  a  sybow,"  died  on  igth  December  1705 ;  and  the  vacancy 
in  the  representation  of  the  county  was  filled,  mainly  through  the 
influence  of  Seafield,  who  had  recovered  his  ascendancy  in  the  county, 
by  the  election  of  Glassaugh. 

ATT  Banff  the  twenty-fifth  day  of  June  Iajvy&  and  six  years. 

The  which  day  compeared  Nicolas  Dumbar  of  Castlefield  Shreff  deput 
of  Banff  shyre,  and  produced  ane  order  from  James  Earle  of  Seafield 
and  Shreff  Prin1  of  the  sd  shyre,  dated  at  Londone  the  twenty-sixth 
day  of  ffebruary  last  past,  whereby  the  sd  Shreff  Prin1  required  the  sd 
Nicolas  Dumbar  to  make  due  and  law1  intima°ne  on  a  public!  mercat 
day  at  the  croce  of  Banff,  and  at  the  svrall  kirks  wtin  the  sd  shire, 
to  the  haill  freeholders  and  barons  having  right  to  elect,  to  compier 
this  day  and  place  in  order  to  make  ane  electione  of  one  of  yr 
number  to  represent  the  sd  shyre  in  this  current  Parliat.  in  place 
of  Allexr  Duff  of  Bracco  now  deceast,  as  the  sd  order  bears:  In 
obedience  whereunto  yr  wes  due  and  law1  intima°nes  made  at  the  sd 
mercat  croce  of  .Banff  and  at  the  svrall  parish  kirks  of  the  sd  shyre 
to  the  sds  freeholders  and  barons  to  meett  and  conveen  this  day 
and  place  to  the  effect  forsd,  as  the  intima°nes  issued  out  yrupon 
also  bears :  And  the  haill  barons  and  freeholders  of  the  sd  shyre 
cond  in  former  rolls  being  called  compeared  Sr  Patrick  Ogilvie  of 
Boynd,  Sr  John  Gordone  of  Park,  Jdmes  Ogilvie  younger  of  Boynd, 
Allexr  Abercromby  of  Glassaugh,  Sr  James  Abercrombie  of  Birkenbog, 
Allex1"  Gairden  of  Troup,  Charles  Gordone  of  Glengerrack,  Allex1' 
Sutherland  of  Kinminnitie,  Allexr  Crookshank  of  Ballnoon,  Mr. 
William  Joass  of  Collynewart,  John  Innes  of  Edingeith,  John 
Abernethy  of  Meyan,  James  Duff  of  Crombie,  Thomas  Donaldsone 
of  Kinnairdie,  and  James  Dumbar  yor  of  Durne.  Thereafter  James 
Ogilvie  yor  of  Boynd  the  only  Commissr  from  this  shyre  to  the 
current  Parliat.  having  asked  the  vote  of  the  sd  barons  who  should 
be  preces  and  clerk  to  the  meetting,  it  carried  by  plurality  of  votes 
that  Sr  John  Gordone  should  be  preces  and  Patrick  Leslye  shreff 


I22  RECORDS   OF   THE   COUNTY   OF   BANFF. 

clerk  of  Banff  should  be  clerk  to  the  meetting:  The  freeholders 
considering  yt  yr  are  no  altera°ne  can  be  made  in  the  last  roll  made 
at  the  last  electiones,  they  hold  the  same  as  herein  repeated  and 
refers  yrto,  with  this  new  additione  that  Thomas  Donaldsone  of 
Kinairdie  now  added  hes  lands  above  ffour  hundred  pounds  of  valued 
rent,  as  so  hes  James  Dunbar  younger  of  Durne  and  Allexr  Crook- 
shank  of  Ballnoon  in  the  termes  of  the  act  of  Parliat.  in  anno  1681 
anent  the  electione  of  Commissrs  for  shyres:  And  the  saids  haill 
ffreeholders  pnt  having  taken  the  oath  of  alledgeance  and  subd  the 
same  wt  the  assurance  to  Hir  Mtie  Queen  Ann  before  proceeding  to 
the  electione,  and  having  ffully  considered  who  its  fitt  to  represent 
this  shyre  in  Parliat.  in  place  of  Bracco  deceased  doe  unanimously 
elect  nominat  and  choyse  Allexr  Abercrombie  of  Glasshaugh  to  be 
Commissioner  for  this  shyrc  in  place  of  Allexr  Duff  of  Bracco  in  this 
current  Parliat.  and  haill  sessiones  yrof  untill  the  finall  end  and 
dissolutione  yrof,  with  full  power  to  him  to  meett  wt  our  Dread 
Soveraigne  Mtie  or  Hir  Commissr  and  the  Estates  of  Parliat.  in 
the  next  sessions  and  the  subsequent  sessiones  of  this  current  Parlia- 
ment, and  yr  to  treat  voice  conclude  and  determine  in  all  things  can 
be  handled  or  agitat  in  Parliat,  sicklike  and  als  freely  in  all  respects 
as  any  oyr  Commissr  from  any  shyre  in  this  kingdome  laullie  does  or 
can  doe :  Promising  to  hold  firme  and  stable  all  and  qt  somr  things  our 
sd  Commissr  laullie  does  in  the  premisses,  with  this  provisione  allwayes 
that  the  said  Alexr  Abercrombie  shall  serve  freely  and  gratis  and  shall 
consent  to  no  successione  or  abjura°ne  untill  the  unione  betwixt  Scot- 
land and  England  now  in  treating  be  fully  concluded  and  ratified  by 
both  Parliats ;  and  that  he  shall  not  consent  to  the  ratifieing  of  the 
sd  treaty  of  unione  untill  first  the  interest  and  honor  of  this  king- 
dome  be  fully  secured  in  the  first  place ;  and  that  he  shall  receive 
present  instructiones  from  the  sds  electors  or  what  further  they  shall 
give  him,  and  upon  faith  and  honor  performe  them.  In  witness  whereof 
the  sd  Sr  John  Gordone  as  preses  hes  subd  thir  pnts  and  caused  the 
clerk  subscryve  the  same  and  append  the  comone  seall  of  the  sd  shyre 
to  ane  comission  subd  and  delivered  by  the  sds  electors  to  the  sd  Allexr 
Abercromby  of  the  date  of  thir  pnts ;  and  in  testimony  of  the  sd  Allexr 
Abercromby  pnt  chosen  Commissr  and  James  Ogilvie  of  Boynd  former 


THE   UNION.  123 

Commissr  yr  adhering  to  the  above  instructiones  they  have  also  subd 
thir  pnts. 

SIR  J.  GORDON. 
PAT  LESLYE,  Clk.  ALEX""  ABERCROMBY. 

JAMES  OGILVIE. 
THE    UNION. 

The  Lords  Commissioners  of  both  nations  appointed  to  negotiate 
the  treaty  of  union  had  already  met  in  London  on  i6th  April  1706. 
Lord  Seafield,  as  Lord  High  Chancellor  of  Scotland,  presided  over 
the  Scots  Commissioners.  They  adjourned  on  22nd  July  1706,  having 
agreed  on  articles  of  an  incorporating  union,  with  safeguards  in  favour 
of  the  Scots  Established  Church  and  Scots  law  and  Law  Courts. 
These  articles  were  thereafter  referred  to  the  Parliaments  of  England 
and  Scotland.  The  Scots  Parliament  met  on  3rd  October  1706.  The 
act  ratifying  the  union  was  passed  on  i6th  January  1707. 

Of  the  Banffshire  Commissioners,  Alexander  Abercromby  voted  for 
the  union,  while  James  Ogilvie,  yor.  of  Boyne,  opposed  it.  The  Com- 
missioners for  the  Royal  Burghs  of  Banff  and  Cullen  supported  the 
treaty.  The  union  was  consummated  on  ist  May  1707,  but  in  terms 
of  the  treaty  the  Scots  members  in  the  first  Parliament  of  Great  Britain, 
much  reduced  in  numbers,  were  elected  not  by  their  constituents,  but 
by  the  expiring  Scots  Parliament.  Alexander  Abercromby  was  so 
elected  for  Banffshire. 

The  two  Royal  Burghs  of  Banff  and  Cullen  were,  with  Kintore  and 
Inverurie,  added  to  Elgin  to  make  one  constituency  the  Elgin  Burghs, 
•for  which  Sir  Alexander  Ogilvie,  Lord  Forglen,  hitherto  member  for 
the  Royal  Burgh  of  Banff,  was  elected.  Banffshire,  therefore,  in  the 
new  Parliament  of  Great  Britain  had  one  representative,  and  part  of  a 
second,  as  it  has  at  the  date  of  writing  (1917). 

YOUNG   BOYNE,  AS  JACOBITE. 

Meantime  young  Boyne,  excluded  from  Parliament,  was  dipping 
deeper  into  the  Jacobite  adventure.  In  the  memoirs  of  Colonel  Hooke, 
emissary  from  the  court  of  Louis  XIV.  to  the  Jacobites  in  Scotland,  he 
is  seen  in  1707-8  flitting  through  a  maze  of  Jacobite  intrigue.  At  this 
time  he  was  a  broken  and  landless  man,  with  his  ancestral  estate  falling 
into  the  hands  of  his  relative  Seah'eld,  and  with  no  hope  of  preferment 
except  through  revolution.  As  doer  for  the  Duke  of  Atholl  he  is  seen 
passing  between  Scotland  and  France  arranging  for  a  French  descent 
and  a  Jacobite  rising  in  Scotland,  which  materialized  in  March  1708. 

Earlier,  on  2gth  February,  he  landed  at  Gamrie,  Banffshire,  as  the 
following  letters  from  the  Countess  of  Seafield  to  the  Earl  in  London, 


124  RECORDS   OK   THE   COUNTY   OF   BANKK. 

and  from  the  Laird  of  Troup  to  Castelfield,  Sheriff-depute  of  Banff, 
show:—"  March  9,  1708.  Dearest  Heart  .  .  .  We  are  migtily  aleremed 
hier  with  the  invation  from  France.  I  send  you  a  leter  to  Castilfild. 
I  shall  say  nothing  of  the  matar.  It  is  sead  the  leard  of  Boyn  is  a 
colnall."  '•  "To  Nicholas  Dumbar  of  Castellfeild,  Shirreff  Dpt  of  Bamf. 
Sir — i  forgot  to  writ  concerning  that  matr,  but  this  present  commossion 
which  is  suddenly  in  all  apearanc  to  fall  in  by  a  Frenc  descent  maks 
peopl  they  know  not  how  to  order  ther  buseness.  No  doubt  ye  hav 
heard  of  the  gentleman  hes  set  a  shor  heer  from  Franc,  and  who  is  gon 
to  Boynd,  and  thenc  to  the  Hichlands  and  thorrow  ye  kingdom.  If  ye 
hav  not  heard  it,  then  I  can  assur  you  the  truth  of  it.  He  wes  all  night 
the  29  Feby  in  William  Hards  at  Nethermiln,  and  went  away  the  first 
of  March  befor  the  sun  tuo  hours ;  he  landed  about  6  hours  at  even. 
He  passed  for  a  Edr.  merchant.  The  ship  wes  about  16  or  20  guns 
70  to  90  men.  Giv  not  me  for  your  author  .  .  .  Alexr.  Gairdne."2 
The  French  naval  descent  on  the  Firth  of  Forth  was  frustrated  by 
Admiral  Sir  George  Byng  on  ijth  March,  and  the  expedition,  the 
strongest  ever  fitted  out  from  France  in  the  Jacobite  interest,  after 
suffering  some  casualties,  returned  to  Dunkirk.  Young  Boyne  escaped 
to  France,  and  was  soon  after  attainted. 

A    FRENCH    LANDING   AT   GARMOUTH,  SPEYMOUTH. 

An  incident  of  this  naval  venture  was  a  French  landing  at  Garmouth, 
near  Gordon  Castle.  Writing  to  the  Earl  of  Findlater  "at  his 
lugenes  in  the  fut  of  the  Caniget,  Edr.,"  the  Countess  of  Seafield, 
then  residing  at  Cullen  House,  on  2ist  March  tells  him  of  this  episode 
in  this  naval  descent  —  "  No  dout  you  have  hird  of  thrie  French 
shipes  being  at  Spaymouth  and  Buky  of  gret  foras,  and  on  litell  on, 
which  had  about  24  gouns,  which  cam  and  wint  to  them  as  apired  with 
inteligans.  They  wint  of  the  20  in  the  mornen,  bot  war  seen  afar  of 
today  agenest  the  Carnose." 3  Four  days  later  Forglen,  writing  to 
Seafield  in  London,  with  the  brevity  of  Caesar's  veni  nidi  vici,  tells  him 
how,  "  Friday  last  sum  of  them  [French]  landed  at  Garmoch,  did  no 
harm,  dyned,  payed  weill  and  went  aboord."  Such  a  landing  could 
only  end  in  involving  as  suspects  men  in  the  county  of  Banff.  Besides 
the  Duke  of  Gordon,  who  was  early  arrested,  his  son,  the  Marquis  of 
Huntly,  Gordon  of  Gollachie,  and  Steuart  of  Tannachie,  both  in 

1  SeatieM  Correspondence  (Scot.   Hist.  Socy.),  p.  453. 
'  Ibidem,  pp.  453-4.  3  Ibidem,  p.  468. 


FRENCH    LANDING    AT    SPEYMOUTH,    1708.  125 

Rathven,  were  sent  prisoners  to  London  in  April.  Writing  on  nth 
May  to  her  son,  Lord  Deskford,  the  Countess  of  Searield  entreats  him, 
"  if  it  be  in  your  power  to  serve  any  of  the  prisoners  that  have  gone 
from  this  country  to  do  it,  and  to  speak  your  father  that  he  may  use  his 
interest  that  there  be  no  more  trouble  given  to  the  people  of  our 
neighbourhood,  for  wee  hear  Grant1  has  a  commission  to  take  a  wast 
many  gentlemen,  and  amongst  the  rest  poor  Findochty 2  and  his  two  sons. 
He  is  your  father's  vassal,  ane  old  man,  I'me  sure  in  no  plot,  and  was 
never  near  the  French  ships.  Our  nighbour  Milldavit3  has  heard  to  be 
among  the  same  number."4  Later,  on  24th  May,  she  writes  again  to 
her  son,  "  If  you  be  at  Edinburgh  when  this  comes  to  your  hands,  I 
must  recommend  the  laird  of  Buckie  s  to  you,  that  you  may  serve  him, 
when  you  hear  of  his  business,  and  speak  to  your  ffather  in  his  behalf, 
as  if  it  were  from  yourself,  that  he  may  have  liberty  to  live  peaceably 
at  home,  .  .  .  because  I  have  written  of  many  others.  You  know  there 
may  come  a  time  after  this."6  The  prisoners  taken  to  London  were 
ultimately  returned  to  Scotland,  where  those  who  were  tried  were 
acquitted  by  the  High  Court  of  Justiciary.  All  others  arrested  were 
liberated. 

The  member  of  Parliament  for  Banffshirc,  Alexander  Abercrombie, 
meantime,  as  became  a  placeman,  was  supporting  Queen  Anne.  Captain 
in  Lord  Strathnaver's  regiment  of  foot,  he  reached  Edinburgh  from 
London  on  igth  March.  "  Glassaugh  came  easier  night,"  says  Lord 
Forglen  on  2Oth,  "  with  Roseberry,  who  wes  so  tyred  that  his  Lop. 
caused  yoke  ane  cart,  and  lay  ane  feather  bed  on  it,  and  so  drives  him 
for  2  stages  !  "  7  Next  day  Glassaugh  writes  8  from  Edinburgh — 
"  Grant's  regt.  marched  from  this  today,  as  doeth  ours  tomorrow  for 
Stireling,  and  I  go  allong."  Writing  later  on  24th  March  from  Stirling 
to  his  patron  Searield,  he  says9 — "  Strathnavars  and  Grants  regts. 
mount  70  men,  and  all  the  officers  are  present,  so  that  I  reckon  this 
pass  is  in  a  pretty  good  posture.  ...  If  your  Lo.  inclyns  I  serve  in 
Parliat.  nixt  year,  your  Lo.  will  writ  to  my  Lord  Forglaen,  for  I  hear 

1  Colonel,  afterwards  Brigadier  General,  Alexander  Grant,  eldest  son  of  the  then  Chief 
nf  the  Grants. 

'  William  Ord.  3  John  Hay. 

•  Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  476. 

5  George  Gordon. 

6  Seafield  Correspondence  (Scot.    Hist.   Socy.),  p.  477. 

i  Ibidem,  p.  466.  8  Ibidem,  p.  466.  '  Ibidem,  pp    47°-l- 


126 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


it  surmysed  that  Grant  of  Carron  has  been  makeing  interest."     Parlia- 
ment was  not  dissolved  until  1713. 

SEAFIELD,  CHIEF  BARON  OF  EXCHEQUER  IN  SCOTLAND. 
On  i3th  May  1708,  Seafield  received  a  warrant  for  a  commission 
as  Chief  Baron  of  Exchequer  in  Scotland.1  This  was  an  anglified 
judicial  office  imposed  on  Scotland  for  a  time  by  the  government  in 
London.  The  previous  year,  on  2oth  June  1707,  after  the  union  was 
consummated,  he  received  a  new  warrant2  as  Lord  High  Chancellor  of 
Scotland.  By  this  title  he  preferred  to  be  designed  during  the  rest  of 
his  life.  At  the  union  he  entered  the  first  Parliament  of  Great  Britain 
as  one  of  the  sixteen  Scots  representative  Peers. 

LORD  AUCHINTOUL  MOVES  THAT  ABSENT  BARONS  BE  FINED. 

At  the  Michaelmas  Court  held  by  Nicolas  Dunbar  on  ist  October 
1708,  Alexander  Gordon  of  Auchintoul,  with  an  access  of  loyalty 
noticeable  after  the  failure  of  the  French  Jacobite  descent  in  March 
1708,  sought  to  reform  the  abuse  of  absence  on  the  part  of  freeholders 
by  the  imposition  of  the  legal  fines. 

The  qlk  day  the  whole  noblemen  and  barons  underwrin  viz.  The 
Duke  off  Gor :  the  E.  of  Erroll,  the  E.  Marishall,  the  Lord  Banff, 
Lord  Oliphant,  Sr.  Patt:  Ogilevy  off  Boynd,  Patt  Barclay  of  Towie, 
Wm  Baird  of  Achmedden,  Wm  Duff  of  Bracco,  John  Stewart  of 
Killmachlie,  Ja  Ogillwy  of  Balldawie,  Ballandallach,  Belldorny,  Itlaw, 
Denlugas,  Bougny,  Mayan,  Ballnoon,  Ja  Stewart  of  Achorachan, 
Tullich,  Allexr  Gordon  of  Straloch  all  thes,  being  thryce  called  and  not 
compearing,  were  ilk  ane  of  them  decerned  and  amerciat  in  the  soume 
of  ffyftie  punds  scots  for  defect  of  suit,  and  in  the  lyke  soume  for 
defect  of  thcr  personal!  presence  (the  rest  off  the  noblemen  and 
barons  being  ayther  personally  prit  or  excused  by  the  Shirreff  Dept) 
and  ordeined  to  make  payt  therof  to  the  Pror  fiscall  of  this  shyre  or 
his  surs  in  office  w'in  term  of  law,  and  ordained  precepts  etc. 

The  sd  day  allso  it  wes  publictly  represented  by  my  Ld  Achintoull 
that  it  wes  ane  reproach  on  the  judicature  to  see  so  few  noblemen 
and  barons  att  a  Michaelmes  Head  Court,  and  that  it  wes  proper  and 
incumbent  on  the  Shirreff  dept  to  take  notice  heirof  to  fyn  the  absents 
w'out  exception  of  persons  unles  upon  wery  relewant  grounds,  and  that 

1  State  Papers  (Scotland)  Warrant  Books,  Vol.   XXV.,  p.    143. 
*  Ibidem,  p.   21. 


BARONS'  ATTENDANCE  ON  THE  LORDS  OF  JUSTICIARY.         127 

no  excuses  sould  be  admitted  by  any  w'out  instrument  moey  to  the 
clerk :  Qch  being  considered  by  the  Shirreff  dept,  who  took  the  samen 
to  his  considera°ne,  and  finding  the  above  proposi°ne  wery  reasoneable 
complyed  therwith,  and  declaired  that  hencefurth  he  wold  oblidge  all 
who  were  concerned  to  attend  the  head  courts  to  be  mor  puncteall, 
otherways  he  wold  use  the  order  of  law  by  amerciating  the  absents 
conform  to  acts  of  Parliatt,  and  that  no  excuses  sould  be  received 
w'out  instrument  moey  dew  to  the  Shirreff  clerk:  Qh  act  was  consented 
to  by  all  present  and  ratified  by  the  Shirreff  under  subscriving. 

THE  BARONS  PROTEST  AGAINST  ATTENDING  ON  THE  LORDS 
OF  JUSTICIARY. 

At  the  Michaelmas  Head  Court  of  1709  the  five  barons  present 
protested  against  the  burden  of  attending  the  Lords  of  Justiciary  on 
their  northern  circuit  in  the  county  and  in  Aberdeen. 

The  sd  day  allso  the  Shirreff  dept  did  intimat  and  communicat  at 
this  head  court  to  all  the  barrens  and  gentlemen  convened  att  the 
tyme,  that  the  Lords  of  Hir  Majties  Justitiary  \ver  gone  to  Invernes, 
and  therfor  did  desyre  and  require  all  the  barrens  present  and  all  others 
concerned  to  attend  and  wait  on  the  sds  Lords  in  ther  return  at  Speysyd, 
ffryday  nixt  the  7  off  October  ensewing  be  9  acloack  in  the  morning,  to 
conwoy  them  to  Strathbogie,  as  allso  to  attend  the  sds  Lords  att  Abd. 
on  the  tent  off  Oct.  allso  nixt  comeing,  and  to  observe  the  sds  Lords 
ther  dyets  ther,  intill  they  be  formally  dissolwed. 

In  lykmaner  the  day  itt  wes  represented  by  the  whole  barrens 
present  for  themselues,  and  in  name  of  the  absent  concurring  wl  them, 
as  ane  greiwance  and  how  great  a  trouble  it  wes  for  them  and  wery 
expensive  for  them  twyce  in  the  yeir  to  attend  thes  Lords — ffor  remeid 
qrof  it  wes  condiscended  that  Ires  sould  be  wrin  to  Glassach,  who 
represents  this  shyre,  and  that  he  wt  the  Earle  of  Seafields  concurs 
and  assistance  should  represent  the  samen  to  the  British  Parliatt.  that 
for  the  futur  this  must  be  rectified  and  they  eased  of  so  great  a  burden. 

SOME  CHANGES  IN  THE  COUNTY  SUITE  ROLL  BETWEEN 
1710  AND  1714. 

In  1712,  James,  third  Earl  of  Findlater,  died,  and  the  Earl  of 
Seafield,  his  son,  succeeded  to  the  older  peerage,  and  was  accordingly 
entered  in  the  Pasch  roll  as  James,  fourth  Earl  of  Findlater, 


128  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  fourth  Lord  Banff,  at  the  Michaelmas  meeting  of  1714,  dropped 
his  holding  of  Blairshinnoch. 

Lord  Oliphant,  with  his  holdings  of  Pittendreich,  Ardfour  and 
Achinninae,  dropped  from  the  county  suite  roll  of  Michaelmas  1711. 

Sir  Patrick  Ogilvie  of  Boyne,  with  his  holding  of  the  thayndome  of 
Boyne,  dropped  from  the  Michaelmas  roll  of  1714,  his  estate  having 
bee'n  previously  acquired  by  his  relative,  the  Earl  of  Seafield. 

MAJOR  GENERAL  ALEXANDER  GORDON. 

Alexander  Gordon,  Lord  Auchintoul,  dropped  from  the  Pasch  roll 
of  1711;  and  in  next  Michaelmas  roll  there  appeared  in  his  stead  his 
son,  Major  General  Alexander  Gordon  for  Auchintoul. 

General  Gordon '  was  born  at  Auchintoul  on  27th  December  1669. 
He  was  educated  in  France,  and  early  entered  the  Russian  military 
service  under  Czar  Peter  the  Great.  In  1696  he  commanded  a  regiment 
at  the  siege  of  Azof.  In  1699  or  1700  he  married  Katherine,  daughter 
of  his  kinsman,  Patrick  Gordon  of  Auchleuchries,  Commander-in-Chief 
of  the  Russian  Army.  He  commanded  a  regiment  at  the  defeat  of  the 
Russians  by  the  Swedes  at  Narva  in  1700,  and  was  then  made  prisoner. 
Writing  to  the  Chancellor,  Earl  of  Seafield,  from  Stockholm  on  I2th 
April  1704,  with  a  request  that  the  Earl  might  intervene  with  Queen 
Anne  and  get  him  an  exchange,  Gordon  graphically  tells  his  story  thus:2 
"  No  doubt  your  Lordship  can  well  remember  the  memorable  passage 
of  raising  the  siege  of  Narve  in  November  an.  1700,  where  I  had  the 
command  of  a  regiment  of  Russes.  Would  to  God  they  had  been  of 
my  own  countrey  men.  Then  haply  our  ennimies  had  not  bought  ther 
victory  so  cheap ;  but  so  it  was,  finding  myself  abandoned  by  them  and 
slightly  wounded,  many  of  our  generall  officers  shewing  me  the  way,  I 
submitted  on  tearms  which  I  thought  would  have  been  accompanied 
with  a  totall  liberty  to  goe  of  for  Moscovy,  or  at  least  a  treatment  more 
becoming  a  cavalier,  to  be  a  prisoner  att  large,  suffered  abroad  on  paroll ; 
but  instead  of  this  I  have  ever  since  been  confind  to  my  lodgings  under 
a  guarde,  and  have  rarely  or  never  leave  to  take  the  air  out  of  doors. 
Yet  not  so  much  this  hardship,  as  the  tedious  loss  of  time,  my  Lord, 
after  having  used  all  possible  means  and  attempted  often  my  liberty  in 
vain,  that  I  might  not  become  troublesome,  that  now  presses  me  to 
implore  your  Lordship's  assistance :  ...  for  imploying  some  part  of 
the  powerfull  interest  and  credit  you  have  with  her  Majesty  in  my 

'  See  also  "The  House  of  Gordon,"  Vol.  I.,  New  Spalding  Cluh,  pp.   137-140. 
3  Seafield  Correspondence  (Scot.   Hist    Socy. ),  pp.   372-3. 


MAJOR  GENERAL  GORDON  OF  AUCHINTOUL.  129 

behalf ;  with  whom  'twere  easie  by  the  means  of  Mr.  Robinson,  her 
envoy  to  the  Sweedish  court,  to  obtain  liberty  for  me,  on  same  conditions 
as  Coll.  Pendergrass,  an  Irishman,  had  his  leave  last  harvest  by  her 
Majties  gracious  recommendation  not  to  beare  arms  or  command  against 
Sweeden  during  the  warrs,  which  as  I'll  readily  doe,  so  I'll  cheerfully  to 
the  last  degree  be  devoted  to  her  Majties  interest,  and  ever  be  with 
particular  gratitude  and  respect,  My  Lord,  Your  Lordship's  most 
oblidged  and  most  faithfull  humb.  servant,  Alex1".  Gordon."  The  appeal 
seems  to  have  been  ineffectual,  for  it  was  only  in  1707  that  he  was 
liberated  by  exchange.  From  1708  down  to  1711  he  was  engaged  again 
in  the  Russian  service,  in  which  he  attained  the  rank  of  Major  General, 
fighting  successfully  against  Poland.  While  serving  there  he  heard  of 
his  father's  death  in  1710,  and  in  1711  he  returned  to  Scotland. 

On  24th  June  1712  there  is  recorded  a  sasine  by  Major  General 
Gordon  in  his  wife's  favour,  securing  her  a  yearly  jointure  of  sixteen 
hundred  merks  on  the  lands  of  Auchintoul,  with  the  manor-house  for  her 
jointure  house.  That  same  year  he  added  the  neighbouring  lands  of 
Laithers,  near  Turriff,  to  the  family  estate,  and  later,  on  3oth  May  1715, 
the  lands  of  Elrick,  etc.,  in  his  native  parish  of  Marnoch. 

He  was  present  at  the  Michaelmas  head  court  of  1713,  held  at  Banff, 
along  with  five  other  barons,  but  being  a  Roman  Catholic  and  probably 
averse  to  taking  the  oaths  of  allegiance  and  assurance,  took  no  part  in 
the  election  of  a  member  of  parliament  seven  days  later. 

He  opposed  the  Hanoverian  succession,  and  was  one  of  the  principal 
supporters  of  Mar  in  the  rising  of  the  Fifteen.  He  was  present  at  the 
hunting  party  in  the  Braes  of  Mar  of  27th  August  1715,  and  at  the 
raising  of  the  Standard  there  on  6th  September.  Thereafter  he 
proceeded  west,  and  raised  the  western  clans  to  the  number  of  4000, 
and  leading  them  into  Argyleshire  rounded  up  the  Campbells  under 
the  Earl  of  Islay,  thus  preventing  them  from  joining  their  chief,  the 
Duke  of  Argyle,  who  was  opposing  Mar  from  Stirling.  His  junction 
with  Mar  just  before  Sheriffmuir  placed  at  the  disposal  of  the  Jacobite 
leader  a  preponderating  force,  which  would  have  given  complete  victory 
to  James  had  Gordon  been  leader.  As  it  was,  General  Gordon,  com- 
manding 4000,  with  Glenbucket  under  him,  was  victorious  in  his  part 
of  the  line.  The  supreme  command  was  given  to  him  too  late,  in 
February  1716,  when  the  Old  Chevalier  and  Mar  had  fled  to  France. 
He  conducted  the  retreat  of  the  remanent  of  the  Jacobite  forces  to  the 
north,  where  they  quietly  dispersed,  Argyle  keeping  at  a  safe  distance. 
For  his  share  in  the  Rebellion  he  was  attainted,  but  owing  to  his  being 
named  Thomas  instead  of  Alexander  in  the  act  of  attainder,  his  estates 
escaped  forfeiture.  In  1717  he  escaped  to  France.  There  and  in  Spain 


RECORDS  OF  THE  COUNTY  OF  BANFF. 

he  eagerly  concerted  measures  for  the  restoration  of  the  Stuarts;  and 
illness  alone  prevented  him  from  sailing  from  Spain  with  Earl  Marischal 
and  his  ill-starred  expedition,  which  was  scattered  at  Glenshiel  in  1719. 
The  Jacobite  game  was  now  up,  so  far  as  he  was  concerned. 

He  returned  to  Scotland  probably  in  1725.  That  year,  possibly  to 
pay  off  debts  he  may  have  contracted  abroad,  he  mortgaged  his  lands 
of  Auchintoul  to  James  Mitchell  of  Achanacie,  for  an  advance  of  ten 
thousand  merks,  which  he  repaid  in  1729.  In  1728  he  was  admitted  a 
burgess  of  the  Royal  Burgh  of  Banff.  In  the  following  year  the  Royal 
Burgh  of  Cullen  similarly  honoured  itself  by  admitting  him  a  burgess 
along  with  the  Duke  of  Gordon  and  others.  In  October  1729,  like  a 
quiet  country  gentleman,  he  was  interesting  himself  in  the  building  of 
a  new  bridge  over  the  burn  of  Auchintoul.  His  first  appearance  in  the 
sederunts  of  the  Commissioners  of  Supply  and  Justices  of  the  Peace 
of  Banffshire  was  on  3Oth  September  1737. 

He  took  no  part  in  the  rising  of  the  Forty-five.  He  was,  in  any 
event,  too  old  for  active  service.  The  following  reference  is  made  to 
him  in  the  journal  of  an  English  medical  officer,  who  attended  the 
Duke  of  Cumberland's  army  as  far  north  as  Inverness  during  the  rising, 
published  in  1746,  when  describing  his  journey  from  Strathbogie  to 
Banff: — "  From  this  place  (Mayen)  to  Banff  the  Deveron  obstructs  our 
way,  which  with  great  difficulty  and  some  danger  I  forded  with  my 
horse.  From  hence  we  come  into  a  country  producing  scarce  anything 
but  peat  for  firing ;  in  this  barren  spot  I  passed  a  good  sort  of  house 
belonging  to  one  Gordon,  a  very  old  man,  formerly  a  General  in  the 
Czar  of  Muscovy's  service,  and  then  had  a  pretty  good  road  to  Banff." 
He  died  on  3ist  July  1751,  and  was  not  the  founder  of  the  village  of 
Aberchirder,  built  on  the  Auchintoul  estate  in  1764,  and  not  in  1746  as 
stated  by  Dr.  Cramond.  He  is  buried  in  Marnoch  churchyard,  where 
nothing  marks  the  spot.  In  1755  there  was  published  in  Aberdeen  his 
History  of  Peter  the  Great,  Emperor  of  Russia,  under  whom  he  had 
served. 

CHANGES  IN  THE  SUITE  ROLL  CONTINUED. 

Sir  John  Gordon  of  Park  dropped  out  at  Michaelmas  1711,  his  son, 
Sir  James  Gordon,  appearing  in  the  Pasch  roll  of  1712. 

Sir  Francis  Grant,  Lord  Cullen,  with  his  holding  of  Quallen,1 
dropped  from  the  Michaelmas  roll  of  1714.  Under  date  loth  July  1712, 
there  is  engrossed  in  the  Minute  book  of  Freeholders  an  interlocutor  by 
Nicolas  Dunbar,  Sheriff-depute,  in  the  tutory  of  Alexander  Grant  of 
Bellintome,  the  tutors  being  the  said  Sir  Francis  Grant  and  Walter 
Grant  of  Airndillie. 

1  Cullen  of  Gamrie. 


THE  ELECTION  OF  1713.  13! 

THE  GENERAL  ELECTION  OF  1713. 

The  Whig  administration  of  Marlborough  and  Godolphin,  which 
Seafield  had  supported,  shaken  in  1708  by  the  extrusion  of  Harley  and 
St.  John  from  office,  in  times  of  personal  royal  government,  fell  in 
1710,  when  Harley  and  St.  John  and  the  Tories,  with  Mrs.  Masham's 
influence,  came  into  power.  Peace  with  France  followed.  Jacobitism 
again  raised  its  head  higher,  and  hopes  of  a  Hanoverian  succession 
though  settled  by  law,  were  correspondingly  depressed.  All  parties 
were  setting  their  sails  for  the  general  election,  which  had  to  take 
place  in  1713.  In  Scotland  the  policy  of  the  first  Parliament  of  Great 
Britain  had  been  so  needlessly  exasperating,  that  when,  in  1713,  the 
Commons,  contrary  to  the  spirit  of  the  union,  extended  the  malt  tax  to 
Scotland,  Seafield,  now  Earl  of  Findlater,  supported  by  the  whig  Duke 
of  Argyle,  moved  in  the  Lords,  on  ist  June,  for  an  act  to  dissolve  the 
union,  and  was  defeated  by  a  majority  of  only  four  proxy  votes.  In 
the  election  that  ensued,  Seafield  was  dropped  from  the  list  of  sixteen 
representative  peers  of  Scotland  put  forward  by  the  government,  and 
was  not  returned  to  Parliament. 

PRODUCTION  OF  CHARTERS. 

At  the  Michaelmas  Head  Court  of  1713,  held  by  Nicolas  Dunbar, 
Sheriff-depute,  on  and  October,  six  freeholders  were  present,  including 
Major  General  Alexander  Gordon  of  Auchintoul. 

The  Shirreff  D.ept.  forsd  appoynts  and  ordeins  that  intima°ns  may 
be  issued  out  against  the  nixt  Pash  Court,  that  then  the  whole  barrons 
in  the  shyre  may  bring  in  and  produce  ther  chartours  that  it  may  be 
knowen  who  are  barrons,  and  who  hawe  power  to  wote  in  elections  or 
are  capable  to  elect  or  to  be  elected  as  Commissioner  ffor  the  shyre  in 
any  ensueing  Parliatt.  for  the  futur.  NICOLAS  DUNBAR,  Dept. 

Tandem  the  Shirreff  deputt  wl  and  by  the  consent  off  the  abowe- 
named  barons  prorogat  the  production  of  the  abowe  chartours  untill 
the  Michaelmess  Court  nixt  in  the  yeir  1714  yeirs,  and  ordains  and 
appoynts  that  intima°nes  may  [be]  ishewed  att  ilk  parish  kirk  of  the 
shyre  previous  to  the  Head  Court,  that  then  ther  charters  may  be 
produced  and  considered,  and  warrands  the  clerk  to  ishue  intima°ns 
in  deu  tyme  for  this  effect. 

ELECTION  OF  GLASSAUGH  AS  COMMISSIONER  OF  THE  SHIRE. 
ATT  Banff  the  nynth  day  of  October  Iajvy&  and  thirteen  yeares  in 
a   meeting   of    the   barons   and    ffreeholders    of   Banff  shyre 


132  RECORDS  OF  THE  COUNTY  OF  BANFF. 

holden  by  Sr  Alexr  Ogilvie  of  fforgland,  Brigadier  Grant  of 
that  ilk,  Sr  James  Abercromby  of  Birkenbog,  Sr  James 
Dunbar  of  Durne,  Collonell  Wm  Grant  of  Ballindalloch,  The 
Lairds  of  Denlugas,  Achynonie,  Bog,  Edingeith  elder, 
Ballnoon,  Troup,  Collynevar,  Kinairdy,  Bracco,  Kilmminty, 
Carron,  Carnousie,  and  Glassaugh. 

The  sds  barons  and  ffreeholders  piit  elected  Sr  Alexr  Ogilvy  preces 
and  Patrick  Leslie  shrcff  clerk  of  the  sd  shyre  clerk  to  this  meetting, 
the  votes  of  the  meetting  being  collected  by  Glassaugh  former 
Comissioner  for  this  shyre  to  the  last  Parliat.,  as  the  act  of  Parliat. 
anno  1681  anent  electione  of  Commissrs  for  shires  does  prescrive. 

The  sd  day  Nicolas  Dunbar  of  Castlefield  Shreff  deput  of  this  shyre 
represented  to  the  ffreeholders  piit  that  he  having  receaved  a  brieff 
from  the  Chancellary  of  Great  Brittan  dated  the  i8th  of  August  last 
appoynting  the  Shreff  of  this  shyre  cause  the  freeholders  yroff  (after  due 
notice  given  them)  to  choise  a  representative  to  the  Parliat.  of  Great 
Brittan  called  to  meett  at  Westminster  on  the  I2th  day  of  November 
nixt  to  come,  as  the  sd  brieve  produced  did  bear  :  In  obedience  qrunto 
the  Shreff  deput  having  caused  intima°n  to  the  sds  freeholders  by  a 
publict  intimatione  at  the  mercat  croce  of  Banff  and  by  intima°nes  at 
each  parish  kirk  of  the  sd  shyre  on  Sunday  last,  to  meett  and  conveen 
this  day  and  place  for  choising  the  forsaid  representative  and  for 
instructing  yryt,  the  Shreff  deput  produced  ane  execu°ne  of  the 
proclamation  at  the  sd  mercat  croce  of  Banff  and  of  the  intima°ne 
sent  to  each  parish  kirk  as  aforsd  and  returned  duely  indorsed  by  each 
reader,  qch  were  accordingly  read. 

The  sd  day  the  above  designed  Collonell  Wm  Grant,  and  produced 
ane  charter  under  the  Great  Seall  off  all  and  haill  the  lands  and 
barony  of  Tullocharron,  Bellieveill,  Drumnagairne,  and  Aldewin,  and 
Aldrich  and  Kirktoune  of  Inverawin  all  lying  in  the  parish  of  Inveravin 
and  shire  of  Banff,  being  a  pairt  of  the  landes  and  estate  of  Ballan- 
dalloch,  and  that  in  favours  of  the  sd  Collonell  Wm  Grant  dated  the 
i zth  of  ffebruary  1711,  and  instrument  of  saisin  following  yron  dated 
the  8th  day  of  March  and  regrat  the  26th  day  of  the  sd  moneth  1711 
yeares  forsd,  and  craved  the  meetting  would  allow  of  the  sds 
productiones  to  intitle  him  to  vote  in  the  electione  of  the  forsd 


ELECTION  OF  GLASSAUGH  AS  COMMISSIONER  OF  THE  SHIRE.    133 

representative,  qch  the  ffreeholders  pnt  having  seen  and  perused  did 
accordingly  allow  as  craved,  and  appoynt  him  to  be  called  in  the  suite 
rolls  of  the  shyre  in  place  of  John  Grant  of  Ballandalloch  former 
heritor,  whom  they  ordaine  to  be  scored  out. 

The  ffreeholders  pnt  resolve  that  a  roll  of  electors  of  members  of 
Parliat.  for  this  shyre  be  made  up,  and  in  order  yrto  appoynt  and 
recommends  to  the  Shreff  to  conveen  all  the  barons  and  freeholders  of 
the  shyre  to  meett  at  the  nixt  Michaellmass  head  court  and  produce  yr 
charters  and  saisines  giving  ym  right  to  vote  at  electiones,  that  so 
the  said  roll  may  be  made  up  and  approved  by  the  majority  of  the 
freeholders  who  shall  compear. 

Thereafter  the  freeholders  pnt  having  first  qualified  themselves  by 
takeing  and  signing  the  oaths  of  alledgeance  and  assurance  to  Hir  Made 
appointed  by  law,  and  having  caused  read  over  the  sTall  acts  both  in 
Scots  and  Brittish  Parliats.  anent  the  electiones  of  Commissioners 
from  shires  to  the  Parliat,  the  barons  before  proceeding  to  the 
electione  doe  unanimously  resolve  and  agrie  that  whoever  shall  be 
chosen  as  the  representative  of  the  shyre  to  the  insueing  Parliat.  of 
Great  Brittan  shall  serve  gratis  wout  any  expence  or  charge  to  the 
shyre,  and  that  the  persone  elected  shall  in  testimony  of  his  aquiescing 
and  consent  yrto  subscryve  to  this  sederunt.  The  barons  then  pro- 
ceeding to  the  electione,  and  it  being  stated  in  a  vote  who  should  be 
elected  to  be  this  shyres  Commissr,  it  carried  nemine  contradicente 
that  Alexr  Abercromby  of  Glassaugh  should  be  elected ;  and  yrfore  the 
sds  ffreeholders  hereby  elect  and  choise  the  sd  Allex1"  Abercrombic  one 
of  yr  oune  number  to  be  Commissioner  from  the  shyre  of  Banff  to 
represent  the  same  in  the  sd  nixt  insueing  Parliat.  of  Great  Brittan 
and  haill  sessiones  yrof  untill  the  finall  dissolutione  of  the  samen, 
with  full  power  to  him  to  meett  act  and  treat  on  all  things  to  be 
proponed  or  agitat  in  the  sd  Parliat,  as  fully  and  friely  as  any 
Commissr  from  any  oyr  shyre  can  doe,  which  they  promise  to  hold 
firme  and  stable ;  and  the  sds  barons  ordained  the  clerk  of  this 
meetting  to  certifie  this  electione  to  the  Shreff  of  this  shyre  that  the 
same  may  be  certified  by  him  in  comone  forme  to  the  court  out  of  qch 
the  forsd  brieve  issued  in  due  tyme ;  and  the  preces  for  and  in  name  of 
the  meetting  have  subd  this  sederunt,  and  the  sd  Alexr  Abercromby  in 


134  RECORDS  OF  THE  COUNTY  OF  BANFF. 

token    of     his     consent     and     approbatione     of     the     above    resolve 
discharging  any  expenses  to  the  Comissioner  hes  also  subd  thir  pnts. 

ALEXR  OGILVIE. 
ALEXR  ABERCROMBY. 

The  Pasch  court  of  1714  was  the  last  head  court  of  the  county 
presided  over  by  Nicolas  Dunbar  of  Castlerield,  Sheriff  depute  of 
Banffshire. 

On  ist  August  1714,  Queen  Anne  died,  and  was  succeeded  by 
George  I.,  Elector  of  Hanover. 

APPOINTMENT  OF  ANDREW  HAY  AND  PROVOST  MARK  AS 
SHERIFFS   DEPUTE. 

On  28th  August  1714,  the  Earl  of  Findlater  signed  at  London  a 
deputation  appointing  Mr.  Andrew  Hay,  yr.  of  Montblairie,  and  John 
Mark,  Provost  of  Banff,  Sheriffs  depute  of  Banffshire.  This  deputation 
was  presented  to  the  freeholders  on  ist  October. 

Banff,  Oct.  i,  1714  —  Being  the  head  Michaelmes  court  day,  the 
sd  day  Mr.  Andrew  Hay  yor  of  Monblere  and  John  Mark  Provost  off 
Banff  presented  and  produced  ane  deputa°ne  from  the  Right  Honole. 
James  Earle  off  ffindlater  etc.  Shirreff  Prin"  of  Banffshire,  appoynting 
and  constituting  them  as  his  deputts  within  the  Shirrefdome  off  Banff, 
and  to  exerce  that  office  als  fully  and  freely  as  any  other  Shirreff  dept 
w'in  the  kingdom  does  and  may  doe,  and  desyred  the  sd  deputa°ne  to 
be  recorded  in  the  sd  Shirreff  court  books,  and  took  instruments 
theron,  and  the  sd  Shirreffs  deputts  accordinglye  did  give  ther  oaths 
de  fideli,  and  did  take  and  swear  and  synged  the  oaths  appoynted 
conform  to  law. 

The  sd  day  the  abowe  Shirreff  deputts  taking  to  ther  considera°ne 
the  badnes  of  this  day  wl  the  stormines  of  the  weither  and  distance  of 
place  many  off  the  gentlemen  had  to  traivell  att  this  tyme,  they 
excuse  the  whole  noblemen  barrens  and  gentlemen  abowe  named  for 
ther  absence  from  this  head  court :  Meantym  appoynts  all  of  them  to 
attend  better  in  tyme  to  come  under  the  faylies  and  penalties  con- 
teined  in  acts  of  Parliat,  and  appoynts  the  shirreff  clerk  hencefurth 
to  issue  intima°ns  that  all  concerned  may  hawe  notice  in  deu  tyme 
previous  to  the  head  courts  for  the  futur.  Qron  act.  AND.  HAY. 

Jo  MARKE. 

Followes  the  deputa°ne  on  the  other  padge. 


MR.   ANDREW    HAY   AND    PROVOST    MARK,    SHERIFFS    DEPUTE.        135 

Wee  James  Earle  of  ffindlater  and  Seafield,  Viscount  of  Reidhaven, 
Lord  Ogilvie  of  Deskfoord  and  Cullen,  Lord  Chanchelor  of  Scotland 
and  Sherriff  Principall  of  Banffshyre  doe  hereby  make  nominat 
constitute  and  appoynt  Andrew  Hay  younger  of  Monblary  and  John 
Mark  Provest  of  the  Burgh  of  Banff  conllie  and  seallie  to  be  our 
deput  and  Shirreffs  in  the  sd  Shirreffdom  of  Bamfe,  and  by  thir 
presents  we  give  grant  and  committ  to  the  said  Andrew  Hay  and 
John  Mark  conllie  and  seallie,  as  said  is,  our  full  power  warrant  and 
commission  in  our  absence  to  hold  courts  in  any  place  within  the 
said  shyre,  and  generally  to  execute  the  said  office  of  Shirreff  deput 
as  fully  and  freely  in  all  respects  as  oyr  Shirreff  deputs  within  that 
part  of  the  kingdom  of  Great  Brittain  called  Scotland  are  in  use  to 
doe,  or  what  by  the  laws  of  Scotland  are  knowen  to  belong  and 
appertain  to  the  said  office,  with  power  allso  to  them  to  take  uplift 
and  receive  the  dues  profiles  and  emoluments  belonging  to  the  said 
office  of  Shirreff  depute :  Declaring  that  by  yr  acceptation  of  this 
present  deputation  the  sd  Andrew  Hay  and  John  Mark  shall  be 
bound  and  oblidged  to  receave  and  obey  instructions  as  wee  shall 
give  them  from  tyme  to  tyme  concerning  the  executing  of  the  said 
office,  and  this  pntts  to  continow  dureing  our  pleasure  alleanerly, 
consenting  to  the  regra°n  hereof  in  the  Shirreff  court  books  of  the 
said  shyre  of  Bamff  yrin  to  remains  for  conserva°n,  and  for  that 
effect  wee  constitute  James  Cock  Town  Clerk  of  Bamff  our  pror  &c  : 
In  witnes  qrof  wee  have  subt.  ther  pntts  (written  be  John  Lorimer 
our  servitor)  att  London  the  twenty  eight  day  of  August  one  thousand 
seven  hundred  and  fourteen  years  before  these  witnesses  James  Ross 
and  George  Niellson  our  servitors  and  the  said  John  Lorimer.  Sic 
subscribitur,  Findlater,  James  Ross  witness,  George  Niellson  witness, 
John  Lorimer  witness. 

THE  GENERAL  ELECTION  OF  1715. 

The  Parliament  of  1713  was  dissolved  within  six  months  of  the 
decease  of  Queen  Anne,  and  a  new  one  summoned  for  i7th  March 
1715.  Alexander  Abercromby  of  Glassaugh  was  again  elected  for 
Banffshire. 


136 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


ELECTION  OF  GLASSAUGH  AS  COMMISSIONER  OF  THE  SHIRE. 

ATT  Banff  the  twenty  fourt  day  off  ffebr  seiventeen  hundred 
and  ffyfteen  yeirs.  In  a  meeting  off  the  barrens  and  free- 
holders off  Banffshyre  holden  att  this  place  by  the  Lairds 
ffolloweing:  To  witt  Sr  Ja.  Abercromby  of  Birkenboug,  Sr 
Ja  Dunbar  of  Burn,  Allexr  Gairden  off  Troup,  Captain  Allexr 
Abercromby  off  Glassach,  Thomas  Donaldsone  off  Kinnairdie, 
John  Innes  off  Edengeith,  Geo  Stewart  off  Boag,  John  Joass 
off  Colleonard. 

The  sds  barrons  and  freeholders  above  named  did  nominat  and 
elected  Allexr  Gairden  off  Troup  to  be  preses  to  this  meeting  and 
Burdsbank  shirreff  clerk  to  be  clerk  to  the  meeting,  the  wots  of  the 
meeting  being  collected  by  Glassauch  former  Commissr  for  this  shyre 
to  the  last  Parliatt,  as  the  act  of  Parliatt.  in  anno  1681  anent  election 
off  Commissrs  for  shyres  does  proscryve.  The  said  day  John  Mart 
Provost  of  Banff  and  Shirreff  dept  of  this  shyre  pfited  and  produced 
to  the  freeholders  present  that  he  haveing  received  a  brieff  from  the 
Chanrie  of  Great  Brittain  dated  the  siventeent  day  of  Jaiiry  last  past 
appoynting  the  Shirriff  of  this  shyre  to  cause  the  freeholders  yrof  after 
due  notice  given  them  to  choose  a  representative  to  the  Parliatt.  of 
Great  Brittain  called  to  meet  at  Westminster  on  the  seventeeth  day  of 
March  next  to  come,  as  the  sd  brieff  produced  did  bear :  In  obedience 
qrunto  the  sd  Shirriff  deput  haveing  caused  intimat  to  the  sds  free- 
holders by  a  publick  intima°n  att  the  mercat  cross  of  Banff  and  by 
intima°ns  at  each  parish  church  of  the  said  shyre  Sunday  last  to  meet 
and  conveen  this  day  and  place  for  choosing  the  forsd  representative 
and  for  instructing  yrof,  the  Shirreff  deput  produced  ane  execu°n 
of  the  proclama°n  att  the  said  mercatt  cross  of  Banff  and  of  the 
the  intima°n  sent  to  the  parish  kirks  as  aforsd  and  returned  duely 
indorsed  by  the  most  of  the  readers. 

Thereafter  the  freeholders  present  haveing  first  qualified  ymselves 
by  taking  and  signing  the  oaths  to  his  Matie  King  George  appoynted  by 
law,  and  haveing  caused  read  over  the  seall  acts  in  the  Scots  and 
Brittish  Parliat.  annent  the  elections  of  Commissioners  from  shyres  to 
the  Parliatt,  the  barrons  before  proceeding  to  the  election  doe  unani- 
mously resolve  and  agree  that  whosoever  be  chosen  as  the  representative 


BV  SIR  JOHN  DE  MEDINA 


THE    FIFTEEN. 


137 


,of  this  shyre  to  the  ensueing  Parliatt  of  Great  Brittain  shall  serve  gratis 
without  any  expence  or  charge  to  this  shyre,  and  the  person  elected  shall 
in  testimony  of  his  acquiesing  and  consent  yrto  subscryve  this  sederunt. 
The  barrens  then  proceeding  to  the  election  and  it  being  stated  in 
a  vvote  who  should  be  elected  to  be  the  shyres  Commissioner  it  carryed 
(nemine  contra-dicente)  that  Alexr  Abercromby  of  Glassaugh  should  be 
elected,  and  therefor  the  sds  freeholders  hereby  doe  elect  and  choose 
the  said  Alex1"  Abercromby  one  of  yr  own  number  to  be  Commissioner 
for  this  shyre  of  Banff  to  represent  in  the  sd  next  insueing  Parliatt.  of 
Great  Brittain  and  haill  sessions  yrof  untill  the  finall  dissolution  of  the 
samen,  with  full  power  to  him  to  meet  act  and  treat  in  all  things  to  be 
proponed  or  adjtat  in  the  sd  Parliatt,  als  fully  and  freely  as  any  Commr 
from  any  oyr  shyre  can  doe,  qch  they  promise  to  hold  firm  and  stable : 
And  the  sds  barrens  ordained  the  clerk  of  this  meeting  to  certifie  this 
election  to  the  Shirreff  of  this  shyre,  that  the  samen  may  be  certified  by 
him  in  common  form  to  the  court  out  of  qch  the  forsd  brive  ishued  in 
due  tyme.  And  the  preces  for  and  in  name  of  the  meeting  has  subt 
this  sederunt,  and  the  sd  Alexr  Abercromby  in  token  of  his  consent  and 
approba°n  of  the  above  resolve  dischargeing  any  expenses  to  the 
Commr  has  also  subt  thir  pntts. 

GEO.  LESLYE,  Cls.  ALEXR  GAIRDNE,  P. 

ALEXR  ABERCROMBIE. 

THE    FIFTEEN. 

Six  months  later,  on  6th  September  1715,  the  standard  on  the  Braes 
o'  Mar  was  up  and  streaming  rarely.  Banffshire  was  deeply  involved  in 
the  rising  of  the  Fifteen,  as  the  following  Minutes  of  head  courts  of 
Michaelmas  1715,  and  Pasch  and  Michaelmas  1716,  show.  The  Duke 
of  Gordon  was  early  arrested,  and  was  not  out  with  Mar.  His  eldest 
son,  the  Marquis  of  Huntly,  however,  was  one  of  the  leaders  of  the 
rising.  The  Duke  died  in  the  citadel  of  Leith  on  7th  December  1716. 
The  Earl  Marischal  was  early  out.  Lord  Deskford  was  early  arrested 
in  Edinburgh,  mainly  on  account  of  his  connexion  through  marriage 
with  the  Hays  of  Kinnoul,  some  of  whom  were  involved.  He  was 
liberated  after  a  brief  confinement,  and  really  had  no  sympathy  with  the 
Jacobites.  James  Ogilvie,  younger  of  Boyne,  now  reappeared,  and  was 
very  active  in  Banffshire  under  Huntly  for  the  Old  Chevalier.  Though 
present  at  the  election  of  Glassaugh  in  February,  and  though  they 


138  RECORDS    OF   THE    COUNTY    OF    BANFF. 

took  the  oaths  of  allegiance,  the  baronets  of  Birkenbog  and  Durn  were 
out.  So  also  were  Major  General  Alexander  Gordon  of  Auchintoul, 
Gordon  of  Carnousie,  Charles  Hay  of  Rannas,  Charles  Gordon  of 
Glengerrock,  and  others. 

At  the  Michaelmas  head  court  held  on  30th  September,  1715,  by 
John  Marke,  Provost  of  Banff. 

The  sd  day  the  Shirreff  deputt  by  reason  off  the  present  circum- 
stances, and  the  confusion  the  country  is  in  att  the  tyme,  the  most 
of  the  abowenamed  noblemen  and  barons  being  gone  abroad,  he 
excuses  all  of  them  for  ther  absence  from  this  Michaelmas  head 
court.  Jo  MARKE,  Dept. 

At  the  Pasch  head  court  held  on  6th  April,  1716,  by  Mr.  Andrew 
Hay. 

The  sd  day  the  Shirreff  deputt  in  respect  of  the  confusiones  and 
troubles  as  yet  affecting  the  countrey,  the  most  of  the  noblemen 
barrons  and  gentlemen  abowenamed  being  for  the  most  pairt  from 
home  and  abroad,  he  excuses  all  of  them  as  marked  and  excused. 
Bracco  compeired  by  Allexr  Mill  his  factor,  and  Petter  Gordon  off 
Ardmcllie  personally  present. 

At  the  Michaelmas  head  court  held  on  5th  October,  1716,  by 
John  Joass  of  Colleonard. 

The  sd  day  John  Joass  of  Coleonard  the  only  Shirreff  deputt 
present  att  this  head  Michacllmes  court,  in  respect  of  the  confusions 
and  troubles  as  yet  in  the  countrey  excuses  all  the  noblemen  gentle- 
men and  barons  within  and  abowenamed  as  they  are  marked  and 
excused  for  ther  non  compeirance  att  this  head  court.  Compeired  the 
Laird  of  Bracco  by  Allexr  Mill  his  factor. 

The  rising  of  the  Fifteen  would  have  been  a  natural  period  to  close 
this  chapter.  The  reason  for  carrying  it  on  to  the  year  1722,  which 
presents  no  natural  break,  is  the  fact  that  the  Minute  Book  of  Free- 
holders under  contribution  ends  on  loth  April  1722. 

CHANGES  IN  THE  SUITE  ROLL. 

In  the  Pasch  roll  of  1717  Lord  Deskford  appeared  for  the  lands  of 
the  thayndom  of  Boynd. 

The  Earl  Marischal  dropped  from  the  Pasch  roll  of  1718.  Next 
year  he  was  involved  in  the  Spanish  Jacobite  landing  in  the  West  of 
Scotland,  which  was  defeated  at  Glenshiel. 


ABSENT    BARONS. 


139 


The  attendance  of  the  barons  at  head  courts  continued  very  irregular 
and  meagre;  and  the  measures  adopted  to  remedy  this  at  the  Michael- 
mas head  court  of  1717  were  of  little  avail. 

The  whilk  day  the  Right  Hono11  the  Earle  off  ffindlater  as  Shirreff 
Prin11  personally  present  sitting  in  judgement  without  any  deputt  ex 
nobili  officio  excused  all  the  absents  [except  nine]  from  this  Michael- 
mes  head  court  with  this  qualitie  and  provision :  that  the  absents 
should  gratifie  the  clerk  for  this  ther  neglect,  and  that  if  any  list 
should  be  drawen  qrby  deer'  or  diligence  might  be  raised  theron,  it 
sould  be  first  communicat  to  his  Lo  and  authorised  by  him  ;  and 
furder  the  sd  Shirreff  Prin11  appoynted  that  hencefurth  the  shirreff 
clerk  should  issue  intima°nes  thorow  the  whole  shyrc  att  ilk  parish 
kirk  on  the  Sabbath  day  preceeding  each  Pasch  and  Michaclmes 
head  courts,  that  all  concerned  may  have  due  notice  off  each  parlr 
head  court  day,  qrby  they  may  ewite  fyneing  for  ther  absence  and 
contempt  under  the  pains  and  penalties  conteined  in  the  acts  off 
Parliament :  Qron  act. 

MR.  ANDREW  HAY  ENROLLED  FOR  THE  BAROME  OF  ITLAW. 

The  court  of  the  Sheriffdome  of  Banff  holden  within  the  tolbooth 
of  Banff  the  tenth  day  of  Aprile  one  thousand  seven  hundred  and 
twentie  two  yeares  by  the  Right  Hon"  James  Earle  of  ffindlater  et 
Seafield,  Lord  Ogilvie  of  Deskfoord  and  Sheriff  Prin  11  of  the  said  shire. 

The  suites  called  the  court  fenced  and  affirmed.  Therafter  the 
Earle  of  ffindlater  as  Shirreff  Priiill  withdrew  and  left  the  court  to  his 
deputts. 

Compeared  Mr.  Andrew  Hay  of  Montblairie  who  produced  a  charter 
under  the  great  seal  of  the  lands  and  barronie  of  Itlaw  and  others  in 
his  favours  dated  I2th  November  1720,  with  his  seasine  following 
thereon  dated  the  I7th  of  December  therafter,  and  desired  that  he 
might  be  inrolled  in  the  rolls  of  barrens  and  freeholders  within  the 
countie  of  Banff,  and  in  respect  the  lands  in  which  he  stands  infeft 
extends  to  above  400  libs  of  valued  rent.  Therefore  the  barrens  and 
freeholders  present  ordained  him  to  be  inrolled  accordinglie ;  and  this 
by  appointment  of  Capt.  Alexr  Abercromby  preses. 

ALEXR  ABERCROMBIE. 


140  RECORDS  OK  THE  COUNTY  OF  BANFF. 

ELECTION  OF  GLASSAUGH  AS  COMMISSIONER  OF  THE  SHIRE.    . 

Alexander  Abercroinby  of  Glassaugh  was  again  elected  Commis- 
sioner for  the  county  on  the  same  terms  as  at  his  election  in  1715, 
that  he  would  serve  the  count}-  gratuitously.  The  following  provision 
for  making  the  political  views  of  the  freeholders  effectual  was  at  the 
same  time  adopted  and  minuted  : — 

ATT  Banff  the  tenth  day  of  Aprile  seventeen  hundred  and 
twentie  two  years  in  a  meeting  of  the  barons  and  freeholders 
of  Banftshire  holder)  at  this  place  by  the  barons  following,  to 
witt  Sir  Alexander  Ogilvy  of  fforglen,  Baronett,  Thomas  Grant 
of  Airdendillie,  James  Leslie  of  Tullich,  Andrew  Hay  of  Mount- 
blairie,  and  Thomas  Donaldson  of  Kinairdy.  Sir  Alexander 

Ogilvie  preses  and  George  Leslye  clerk 

And  its  lykeways  resolved  and  agreed  upon  by  the  saids  barons  that 
a  committee  of  the  barons  and  (freeholders  within  this  county  be 
named  to  draw  up  and  extend  such  petitions  and  addresses  to  the  King 
Council  or  House  of  Commons  as  they  shall  think  fitt  and  convenient 
from  time  to  time  for  the  good  and  interest  of  their  countrey,  and  that 
the  person  above  chosen  representative  in  the  ensueing  Parliat.  shall 
not  only  present  such  petitions  and  addresses  as  shall  be  sent  him 
by  the  said  committee  or  any  others  of  the  freeholders  within  the 
county,  but  also  shall  use  his  outmost  endeavour  to  get  the  same 
thorrowed,  and  for  that  effect  they  hereby  appoynt  and  name  Lord 
Forglen,  Lairds  of  Grant  and  Bracco,  Troup,  Kinairdy,  Tullich, 
Achynany,  Monblary  or  any  rive  to  be  a  quorum  of  the  said  committee : 
Declareing  that  the  above  nomination  shall  be  but  prejudice  of  any 
other  barron  or  freeholder  within  the  sd  county  to  meet  with  vote  and 
treat  upon  anything  that  shall  be  agitat  by  the  said  commitee  with 
rela°n  to  what  is  above  recomended,  and  the  said  barrens  hereby 
appoynt  the  said  commitie  or  any  quorum  of  them  to  duely  intimat  by 
missive  or  uyrways  to  barrons  and  ffreeholders  within  this  county  the 
preceise  day  that  shall  be  appoynted  by  the  said  commitie  for  drawing 
up  and  extending  the  petitions  or  addreses  so  to  be  sent  by  them  to 
there  sd  representative  in  Parliat. 

ALEXR  ABERCROMBIE.  ALEXR.  OGILVIE. 


CHAPTER    II. 

Commissioners    of    Supply,    of    Excise,    and    of    the     Pule,    and 
Justices   of  Peace,    1661-1718. 

LAND  VALUATION-.   THE  OLD  AND  NEW  EXTENT. 

LAND  valuation  for  the  purpose  of  fixing  the  duties  payable  by 
vassals  to  their  superiors  is  probably  as  old  as  the  feudal  system. 
The  origin  of  the  valuation  of  land  in  Scotland  for  purposes  of 
public  taxation  is  also  old  and  somewhat  obscure.  Eor  public  taxation 
or  revenue  purposes  one  of  the  oldest  valuations  \vas  that  made  in  the 
reign  of  Alexander  III.  in  the  thirteenth  century,  to  which  the  name  of 
the  old  extent  was  given.  Interesting  references  to  the  old  extent  of 
several  of  the  land  holdings  in  Banffshire  have  been  given  in  Chapter  I. 
at  pages  115-16,  in  the  minute  of  Freeholders  dated  6th  October  1702. 
The  name  of  old  extent  was  applied  long  after  its  institution  to 
distinguish  it  from  a  newer  valuation  made  in  1474,  which  was 
known  as  the  new  extent. 

Parliament,  by  the  statute  of  1474  c.  10,  ordained  that  retours 
should  state  not  only  the  old  extent  as  heretofore,  but  the  actual  value 
of  the  lands  at  the  time.  If,  therefore,  this  law  had  been  systematically 
observed  there  would  have  been  on  the  succession  and  entry  of  every 
heir  a  real  valuation  of  the  lands  inherited,  and  on  this  valuation  there 
could  equitably  have  been  proportioned  the  public  taxation  or  supply 
required.  The  practice,  however,  was  otherwise.  After  the  first 
ascertainment  of  the  new  extent,  that  amount  was  automatically 
repeated  in  subsequent  retours,  being  generally  stated  as  a  multiple  of 
the  old  extent.  Here  it  may  be  explained  that  retour  is  a  Scots  legal 
term  meaning  the  return  or  verdict  of  the  jury  serving  an  heir  to  his 
ancestor  in  the  possession  of  the  inherited  lands.  In  the  retour  were 
given  the  value  of  the  lands  according  to  the  old  extent  when  known, 
as  well  as  the  new  extent. 

THE  VALUATIONS  OK  1643  AND  THE  COMMONWEALTH. 

After  the  opening  of  the  Civil  War  the  inequalities  between  the  new 
extent  value  and  the  real  value  of  the  land  of  Scotland,  which  had 
supervened  since  1474,  were  so  far  rectified.  The  Convention  of  Estates 
on  I5th  August  1643,  when  imposing  a  supply  to  maintain  the  Scots 
army  assisting  to  suppress  the  rebellion  in  Ireland,  appointed  Commis- 
sioners of  Supply  for  the  various  counties  with  Conveners,  and  directed 


142  RECORDS    OF    THE    COUNTY    OF    BANFF. 

them  "  to  use  all  legall  ways  to  informe  themselffes  of  the  just  and  trew 
worth  of  every  personne  or  personnes  thair  present  yeares  rent  of  this 
crope  and  yeir  1643  to  landward  as  weill  of  lands  and  teinds  as  of  any 
uther  thing  wherby  yeirlie  proffeit  and  commoditie  aryseth."  This 
entailed  a  new  valuation  of  the  land  of  Scotland  in  counties  and 
parishes  according  to  rental. 

During  the  Commonwealth  cess  or  land  tax  was  imposed  by  two 
acts  of  Cromwell's  Parliament ;  and  on  every  shire  in  Scotland  was 
allocated  a  certain  quota,  which  was  apportioned  by  County  Com- 
missioners amongst  the  heritors  of  the  shire  according  to  the  rates  at 
which  their  lands  were  valued,  and  collected  by  a  county  collector. 
The  following  letter  and  minute  of  meeting  of  the  heritors  of  Banff- 
shire,1  recovered  by  Ur.  Cramond,  Cullen,  otherwise  interesting  as 
showing  that  the  guard  of  the  shire  was  a  burden  upon  the  feudal 
owners  of  the  soil,  illustrate  the  difficulty  of  carrying  out  an  equitable 
revaluation  of  the  lands  of  a  county  unless  it  were  done  for  the  whole 
shire : — 

COL.    ASHEIELD    TO    THK    GENTLEMEN    OF    BANFFSHIKE,    1653. 

These  for  the  Gentlemen  of  Bamfeshire  present :  Gentm,  There 
being  an  necessitie  of  a  watch  for  securing  those  parts  in  your  shire 
which  ly  neare  the  highlands  from  the  incursion  of  those  looss  people 
which  dayly  breake  downe  upon  them  doeing  great  spoyle  and  carying 
away  much  goods :  And  I  haueing  receaved  instructions  from  Collonel 
Lilborne  to  lay  the  charge  upon  the  whole  shire  I  thought  good  to 
acquaint  you  therewith  that  you  might  make  choyce  of  a  fitt  and  able 
person  for  that  imployment  and  to  agree  with  him  at  as  chepc  a  rat  as 
you  can.  When  I  understand  what  his  monthly  allowance  shall  bee 
the  collector  shall  rcceave  an  order  to  lay  the  charge  equially  upon  the 
whole  shire,  and  to  collect  it  with  his  sess.  The  governor  of  Belveney 
with  the  gentlemen  in  those  parts  whom  it  most  concerines  as  to 
securitie  hath  represented  Capt.  Fetter  Gordon2  as  a  man  fitt  and  able 
for  that  charge,  and  if  hee  be  thought  soe  by  them  I  supose  the  rest  of 
the  shire  will  not  opose,  and  therefore  I  desire  he  may  be  the  man 
imployed  in  that  busincs,  which  is  all  from,  Gentlemen,  your  assured 
servant,  K.  Ashfeild.  Aberdenc  this  3Oth  of  Appl  '53. 

I  likewise  desire  those  six  parishes  near  Belveny  may  be  considered 
for  there  extrordinary  charge  this  winter  to  that  garrison. — R.  A. 

"Scottish  Notes  and  Queries,"  2nd  Series  (1900),  Vol.   II.,  pp.  42-44. 
'  Laird  of  Laichie  (Dufftown). 


GUARD  FOR  AND  REVALUATION  OF  THE  SHIRE.  143 

APPOINTING  A  GUARD  FOR  AND  REVALUATION  OF  THE  SHIRE,  1653. 

At  Banff  the  secund  day  of  December  IMVIC  and  fyftie  three  year 
conveened  the  heretors  and  gentrie  of  Banffshyr :  George  Lord  Banff, 
Sir  Alexander  Abercromby  of  Galcorse,  knicht,  Thomas  Stewart  of 
Ryland,  Mr.  Alexr.  Douglas  of  Downies,  Shereff,  Peter  Meldrum  of 
Lichnet,  Patrik  Stewart  of  Brydachmylne,  Walter  Ogilvye  of  Raggell, 
William  Lawtie  of  Myrehous,  George  Abercromby  appearand  of  Skcyth, 
Thomas  Joss  in  Hiltoune  of  Blairshinnoch.  James  Basken,  Collector  of 
Shyr,  Alexander  Urquhart  of  Dunlugas,  Jhone  Ogilvie  yr  of  Kempcarne, 
Walter  Ogilvye  of  Baldavye,  Mr.  Walter  Innes  of  Auchluncart,  George 
Mortimer  of  Auchinbadie,  Jhone  Gardyne  of  Tarlair,  Alexander 
Wynchester  of  Stonieley,  burges  of  Banff,  James  Stewart  of  Monblet- 
toune,  Gilbert  Mair  of  Awalds,  George  Stewart,  chamberlane  of  Boyne, 
and  Frederick  Ogilvye,  chamberlane  to  the  Lord  Deskford. 

The  said  James  Basken,  collectour,  haveing  presented  ane  letter  and 
order  from  Coll.  Lilburne  and  another  relating  therto  from  Collonell 
Ashfeild  appoynting  and  ordering  ane  guard  or  watch  to  be  appoyntit 
for  the  shyr  as  abefor,  the  preses  causit  read  the  saids  letters  and  order 
direct  from  the  saids  commanders  in  cheef,  which  being  proponed  to 
the  said  conventione  they  all  in  ane  voyce  accordit  and  consentit  to  the 
establishing  of  ane  new  guard  or  watch  for  the  said  shyre,  but  being 
informed  be  the  said  James  Basken  that  Captain  Patrik  Gordone,  late 
captane  of  the  said  watch,  had  refused  to  undergoe  the  said  task,  which 
wes  also  asserted  be  the  said  John  Ogilvye  appearand  of  Kempcarne, 
who  declaired  that  the  said  Captaine  Patrick  Gordoun  had  declaired  to 
him  he  had  refuised  to  undertake  the  said  charge,  and  because  the  saids 
heretors  could  not  find  ony  fitting  or  able  persone  nor  ony  willing  to 
undertak  the  said  charge :  Thairfor  vntill  ane  able  and  fitting  persone 
to  the  said  charge  and  willing  to  vndertak  the  same  they  could  not 
proceed  forder  therin  nor  nominat  ony  one  till  they  find  one  able  and 
willing  to  vndertak,  and  ordaines  an  order  to  be  sent  be  the  said  James 
Basken  to  the  said  Captain  Gordon  to  understand  of  himself  whither 
he'  will  accept  or  ref  uise  the  said  charge :  And  conforme  to  this  procedur 
ordainis  that  ane  letter  be  sent  from  the  preses  of  the  said  comittee  to 
Collonell  Ashfeild  anent  the  diligence  of  the  shyr  and  the  procedur 
theranent  as  said  is. 


RECORDS  OF  THE   COUNTY  OF   BANFF. 

The  said  day  anent  the  act  for  revaluatione  of  parochines  within  the 
sheriffdome  of  Banff  conforme  to  the  act  of  last  conventione  compeered 
Major  Walter  Ogilvye  of  Raggell  presented  the  said  act  with  ane 
valuatione  conforme  therto,  and  also  Patrik  Stewart  at  the  mylne  of 
Brydack  presented  the  lyk  act  and  ane  new  valuatione  conforme  therto 
desyring  the  samen  to  he  admitted  and  accepted.  Compeered  Alexr. 
Urquhart  of  Dunlugus,  Sir  Alexander  Abercromby  of  Galcorse  knicht, 
Jon  Ogilvye  appearand  of  Kempcarne,  Walter  Ogilvye  of  Beldavy, 
and  William  Lawtie  in  Myrehous  and  alledgit  the  conventione  of  the 
heretors  had  no  power  nor  authoritie  to  give  order  for  revaluatione  of 
particular  parochines,  and  that  the  conventione  of  the  shyre  for  the  tym 
having  no  \varrand  or  auctoritie  for  that  effect  the  procedur  and  revalua- 
tione following  therupon  wes  null.  Quherupon  the  said  Alexander 
Urquhart  of  Dunlugus,  Jo"  Ogilvye  appearand  of  Kempcarne,  Sir  Alexr. 
Abercromby,  William  Lawtie,  Walter  Ogilvye  of  Baldavie  protestit 
againes  the  same  revaluatione  of  particular  parochines  and  protestit  for 
nullitic  theroff,  and  the  said  Patrik  Stewart,  Major  Walter  Ogilvye  and 
Thomas  Stewart  of  Kyland  protested  that  the  former  act  of  the  last 
conventione  sould  stand  and  be  effectual!. 

A.  DOUGLAS,  preses. 

COMMISSIONERS  OK  EXCISE,  1661. 

Hitherto  in  Scotland  land  had  been  the  main  basis  of  taxation.  With 
the  Civil  War  a  revised  and  broader  basis  of  taxation  was  introduced. 
When  the  supply  from  the  land  tax  proved  insufficient  to  maintain  the 
government  of  the  country,  other  expedients  were  resorted  to.  One 
early  measure  was  the  imposition  of  excise  duties.  After  the  Scots 
army  had  been  in  the  field  for  a  somewhat  protracted  period,  an  excise, 
over  and  above  the  custom  duties  then  levied,  was  imposed  in  1643  to 
raise  funds  to  pay  the  soldiers.  The  list  of  excisable  articles  was  a  long 
one ;  and  collectors  and  surveyors  were  appointed  by  the  Committee  of 
the  Estates  to  collect  the  revenue.  To  clear  off  arrears  of  army  pay 
an  excise  was  again  imposed  in  1645 ;  and  on  this  occasion  local 
arrangements  were  made  for  its  collection,  by  magistrates  in  burghs 
and  by  elders  and  deacons  in  landward  parishes.  These  collectors 
accounted  to  county  collectors  appointed  by  the  central  commissioners 
of  excise.  Ten  per  cent,  of  the  income  was  set  apart  to  defray  the 
costs  of  collection,  and  for  burghal  and  parochial  public  and  charitable 
purposes. 


THE    VALUED    RENT   OF    1667.  145 

At  the  Restoration  on  22nd  and  2gth  March  1661,  an  annual 
excise  of  £40,000  stg.  was  voted  the  King  for  life.  This  sum 
was  apportioned  amongst  the  various  counties  for  monthly  payment. 
The  quota  imposed  on  Banffshire  and  the  two  burghs  within 
the  same  was  £387  35.  Scots  monthly.  For  regulating,  ordering  and 
uplifting  this  excise,  commissioners1  were  appointed  for  the  various 
counties.  The  Commissioners  for  Banffshire  were  William  Earle  of 
Marishall,  Earle  of  Findlater,  Walter  Ogilvie  of  Boyne,  Sir  John 
Gordoun  of  Park,  Sir  Alexander  Wrquhart  of  Dunlugus,  William  Innes 
of  Kinnermonie,  Master  John  Abercrombie  of  Glassoch,  George 
Gordoun  of  Thornbank,  Alex1".  Garden  of  Troup,  James  Innes  of 
Auchrosk,  Sir  Alexander  Abercrombie  of  Birkenboig,  William  Dalgarno 
of  Blackwater  and  Alexander  Ogilvie  of  Kempcairne,  the  Proveist 
and  Baillies  of  the  toun  of  Banff  for  the  tyme  being,  and  the  Baillios 
of  Cullen  for  the  time  being. 

The  Commissioners  were  empowered  to  elect  their  own  convener, 
collector  and  other  officials  except  the  clerk,  who  was  named  by  the 
Clerk  of  Register. 

THE  VALUED  RENT  OK  1667,  AND  COMMISSIONERS  OF  SUPPLY. 

Toward  the  end  of  the  first  Dutch  War,  the  Convention  of  Instates 
on  23rd  January  1667,  voted  a  supply  of  seventy-two  thousand  pounds 
Scots  monthly  for  twelve  months  to  "  provyde  all  sutcablc  remedies 
for  defence  of  the  kingdom  against  all  forraign  invasion."  When 
voting  this  new  supply  to  the  King,  the  Estates  enacted  that  the 
Countj' Commissioners  then  appointed  should  value  all  lands,  including 
Church  lands,  according  to  their  real  value,  for  the  purpose  of 
assessing  and  proportioning  the  supply  thereon.  This  valuation,  known 
as  the  valued  rent,  remained  fixed  and  stereotyped  for  long,  and  was 
the  basis  on  which  not  only  the  land  tax  was  afterwards  levied  and 
paid  to  government,  but  on  which  county  local  taxation  was  raised. 
As  time  passed,  the  inequalities  of  this  valuation  increased ;  but  it  was 
only  superseded  as  a  basis  for  most  purposes  of  local  taxation  by  the 
Valuation  Act  of  1854,  which  enacted  yearly  valuations  of  heritage 
based  on  actual  current  rent  or  value. 

The  valued  rent  fixed  in  1667  superseded  the  old  and  new  extent 
and  the  valuation  of  1643.  The  various  counties  of  Scotland  were 
separately  valued,  and  the  heritors  were  entered  in  county  cess  rolls 
according  to  their  cumulo  valuations  in  the  various  parishes.  When 
Parliament  voted  a  supply  to  the  King,  the  total  sum  was  named  in  the 
act,  and  was  proportioned  amongst  the  counties  and  royal  burghs 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   VII.,  p.  93. 


146  RECORDS   OF  THE   COUNTY   OF   BANFF. 

according  to  their  valued  rent.  The  sum  thus  proportioned  on  any 
county  was  then  levied  on  the  various  heritors  according  to  their  valued 
rents.  Before  1667  the  collection  of  land  tax  in  counties  was  carried 
out  by  officials  of  the  crown  appointed  in  terms  of  the  various  acts  of 
supply,  usually  the  Sheriff  or  collectors  and  sub-collectors.  In  1667 
and  after,  the  collection  was  made  by  the  Commissioners  of  Supply 
named  for  the  various  counties  and  by  the  magistrates  of  royal 
burghs,  the  collectors  being  appointed  by  them.  To  ensure  payment 
the  acts  of  supply  authorised  the  quartering  of  soldiers  on  defaulting 
heritors  until  the  deficiency  was  thus  wiped  out.  Commissioners  of 
Supply  were  from  1667  until  long  after  specifically  named  in  the 
various  acts  of  supply.  Their  Convener  also  was  sometimes  named  in 
the  act,  and  if  not  he  was  elected  by  the  Commissioners.  His  duty 
was  to  call  meetings,  and  though  he  usually  presided,  he  did  not 
necessarily  do  so.  There  are  instances  in  Banffshire  of  another 
Commissioner  presiding,  though  the  Convener  was  present. 

In  addition  to  the  members  of  the  Scots  Privy  Council  and  the 
Senators  of  the  College  of  Justice,  the  following  were  appointed  by  the 
act  of  1667  Commissioners  of  Supply  to  apportion  and  collect  the  sum 
of  £1150  43.  Scots  monthly,  allocated  on  the  Shrifdome  of  Bamf1: — 
Earle  of  Finlater,  Lord  Bamff,  Sir  Alex1.  Wrquhart  of  Cromertie,  Sir 
Patrick  Ogilvie  of  Boynd,  Sir  James  Baird  of  Auchmedden,  Sir  Alexander 
Abercrombie  of  Birkenbogc,  James  Gordon  of  Rothemay,  John  Ogilvie 
of  Kempcairne,  Mr.  John  Abercrombie  of  Glashaugh,  Mr.  Walter 
Innes  of  Auchluncart,  John  Gordoun  of  Thorniebank,  Wm.  Ro'sone  of 
Newsead,  Thomas  Ogilvie,  chamberlane  to  the  Earle  of  Airlie. 

As  the  land  of  Scotland  liable  for  this  supply  was  already  under 
other  public  burdens,  the  statute  of  1667  enacted  that,  with  certain 
exceptions,  the  inhabitants  of  the  various  shires  should  pay  a  graduated 
poll  tax  for  the  relief  of  the  heritors  paying  the  land  tax  then  imposed. 
Gentlemen  and  their  families  were  to  pay  £6,  tenants  £4,  tradesmen, 
cottars  and  servants  20  shillings,  all  Scots.  This  measure  of  relief,  after 
being  more  than  once  resorted  to  again,  in  the  reign  of  William  III. 
developed  into  an  independent  poll  tax  for  revenue  purposes. 

COMMISSIONERS  OF  SUPPLY,  1670. 

A  supply  of  £360,000  Scots  voted  to  the  crown  on  gth  August  1670 
for  five  years  was  imposed  on  the  valuation  of  1667.  The  Commis- 
sioners for  the  shire  of  Bamff2  were — The  Marquess  of  Huntley,  the 
Earle  of  Findlater,  David  Lord  Ogilvie,  the  Master  of  Saltoun,  Sr 
Patrick  Ogilvy  of  Boyn,  Andrew  Watson  of  Pethhead,  Sir  Alexr. 

1  The  Acts  of  the  Parliaments  of  Scotland,   Vol.  VII.,  pp.   543-4. 

2  Ibidem,  Vol.  VIII.,  pp.  221-9. 


LEADERS   OF    HORSE    IN    BANFFSHIRE.  147 

Abercrombie  of  Birkenboig,  Sr  James  Baird  of  Achmedden,  Sr  Hary 
Guthrie  of  Kingedwaird,  James  Gordoun  of  Rothemay,  John 
Gordoun  yor.  of  Rothemay,  John  Ogilvie  of  Kempcairn,  Walter 
Ogilvy  of  Ragwell,  George  Gordoun  of  Thornybank,  Mr.  John  Aber- 
crombie of  Glassa,  James  Baird  yor.  of  Achmadden,  George  Gordoun 
of  Edinglassie,  -  -  Leslie  of  Kininvie,  -  Hay  of  Rannes,  - 

Anderson  of  Westertoun,  Alexr.  Hay  of  Arinbath,  Alexr.  Ogilvy  of 
Forgland,  Alexr.  Duff  of  Braco,  Alexr.  Gordoun  of  Arradoull,  Alex1. 
Gairn  of  Troup,  George  Keith  of  Northfeild,  John  Innes  of  Edingeich, 
Mr.  John  Lesly  of  Tulloch,  John  Campbell  of  Friertoun,  Alex1". 
Abernethie  of  Achincloich,  Lauchlan  Mcintosch  of  — ,  William 
Leslie  of  Burdsbank,  the  Laird  of  Achmedden  Shirreff  Prin".  or  his 
depute  to  be  Conveener. 

LEADERS  OF  HORSE  WITHIN  THE  SHIRE  OF  BANFF. 

The  following  list l  of  leaders  of  horse  within  the  shire  of  Banff, 
to  be  commanded  by  the  laird  of  Philorth,  younger,2  will  find  later 
parallels  in  county  administration,  local  Commissioners  of  Supply  and 
of  Militia  dealing  with  these  military  matters  within  the  county.  The 
second  minute  of  6th  January  1697,  in  the  oldest  extant  county  minute 
book,  deals  with  a  similar  levy  of  Horse  Militra.  The  date  of  this  list 
seems  within  the  years  1668  and  1685,  probably  between  the  years  1679 
and  1681.  Philorth,  yr.,  became  possessed  of  the  superiority  of 
Balvenie,  Banffshire,  in  1668,  and  the  Marquess  of  Huntly  became 
Duke  of  Gordon  in  1685.  Keith  of  Northtield  was  enrolled  a  free- 
holder in  1679,  and  George  Gordon  of  Edinglassie  was  knighted  in 
1681 :— 

The  Marques  of  Huntlye       -  3 

The  Earle  off  Marshall  2 

The  Earle  of  Airlie  2 

Ladye  Huntlye      -  2 

The  Earle  of  Findlater  5 

The  Earle  of  Aboynde  i 

The  Lord  Banff  3 

The  Laird  off  Boynde  - 

The  Laird  of  Birkenboge       -  i 

Johne  Gordone  off  Auchyndachie  -  i 

Walter  Steuart  of  Boge  i 

Alexr.  Gordone  of  Auchintowll  i 

'  "Scottish  Notes  and  Queries,"  2nd  Series,  Vol.  III.,  p.   184. 
*  See  page  12. 


[48  RECORDS  OF   THE   COUNTY   OF   BANFF. 

Sr.  James  Baird  of  Auchmedden  -                  I 

Sr.  Johne  Gordone  of  Park  -  i 

Johne  Hay,  Tutor  of  Rannas  I 

Johne  Gordone  of  Buckie      -  i 

George  Gordone  of  Thornebank  -                  i 

Alexr.  Gordone  of  Glengarock  -                  I 

James  Gordone  of  Rothemey  i 

The  Laird  of  Philorth  -  i 

Major  Ogilvye  I 

Adam  Duff  of  Drumuir  i 

Kinminetye  younger       -  i 

The  Laird  of  Troup      -  i 

The  Laird  of  Pitlurge  -  i 

George  Gordone  off  Edinglassie  -                  i 

John  Ogilvye  of  Milnetoune  i 

George  Keith  of  Northrield   -  i 

The  Laird  of  Kempcairne      -  I 

John  Leslye  of  Kininvye        -  i 

Lady  Park,  elder  -  I 

Lord  Harie  Gordone     -  i 

James  Andersone  of  Westertoune  I 

James  Ogilvye  off  Neitherdaill  -                  i 

Summa  -       46 

COMMISSIONERS  OF   SUPPLY,   1685. 

The  first  Parliament  of  James  II.  in  1685  voted  an  eight  months 
cess  yearly  during  the  King's  lifetime,  amounting  to  £216,000  Scots; 
and  new  Commissioners  of  Supply  were  appointed  in  the  various 
counties  to  order  and  uplift  the  same. '  The  Commissioners  for  the 
Sherriffdome  of  Bamff  were : — The  Duke  of  Gordon,  the  Earle  of 
Airlie.  the  Earle  of  Finlator,  the  Lord  Oliphant,  the  Lord  Bamff, 
Sr.  Patrick  Ogilvie  of  Boyn,  Sr.  James  Baird  of  Auchmedden, 
Sr.  George  Gordon  of  Edinglasse,  the  Laird  of  Troop,  George 
Kieth  of  Northneld,  Sr.  Henry  Guthry  of  Kinedward,  - -  Grant 
of  Denlugas,  Walter  Stuart  of  Bog,  James  Ogilvie  of  Poldavie 
[Baldavie],  Thomas  Ogilvie  in  Bogtoun,  Alexander  Hay  of 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  VIII.,  pp,  463-471. 


COMMISSIONERS   OK   SUPPLY,    1685.  l^g 

Arnbath,  Mr.  John  and  Alexander  Abercrombies  elder  and  younger 
of  Glassach,  George  Gordon  of  Thornybank,  Patrick  Gordon 
of  Claistirum,  Alexander  Gordon  of  Glengerrack,  John  Ogilvie  of 
Kempcairn,  • —  Ogilvie  younger  of  Kempcairn,  Innes  of 

Edingeith,  -  -  of  Kilmachlie,  -  -  Anderson  younger  of  Wester- 
toun,  John  Grant  of  Ballendalloch,  the  Laird  of  Park  Gordon, 
Provost  Stuart,  Baillie  Fife,  Baillie  John  Gordon,  the  Laird  of  Grant, 
Patrick  Grant  of  Elchies,  Alexander  Duff  of  Keithmore,  John  Gordon 
younger  of  Edinglassie,  Alexander  Duff  of  Braco,  James  Gordon  of 
Camdell,  Patrick  Stuart  of  Tannachie,  -  -  Hay  of  Raneis,  John 
Gordon  of  Baldornie,  Francis '  Gordon  of  Auchintoul,  -  -  Ogilvie  of 
Cantly,  John  Gordon  of  Achinachie,  John  Gordon  of  Rothemay,  John 
Gordon  of  Dallochie,  the  Duke  of  Gordon  Conveener. 

June  15,  1685. — Ordered2  that  the  Sherif  deputs  for  the  tyme  being 
heritors  shall  be  Commissioners  for  the  Supply,  and  one  of  the  bailzies 
of  the  burghs  royall  within  the  shire,  where  the  burgh  pays  cess  with 
the  shire. 

In  the  absence  of  the  Minutes  themselves,  which  do  not  begin 
until  1696,  correspondence  regarding  county  administration  contained 
in  letters  from  the  Seafield  charter  room  at  Cullen  House  from  the 
year  1685  onwards  may  be  of  interest,  as  indicating  the  kind  of  county 
business  then  engaging  attention,  and  the  noblemen  gentlemen  and 
officials  who  undertook  it. 

Next  letter  shows  that  George  Leslye  of  Burdsbank  was  county 
collector  in  1685.  When  collated  with  letters  of  1687  it  shows 
that  the  Commissioners  of  Supply  were  moving  against  the  Earl 
of  Airlie,  stepfather  of  the  Duke  of  Gordon,  to  pay  up  as  a  cautioner 
a  deficiency  of  his  chamberlain,  Thomas  Ogilvie,  Provost  of  Banff, 
presumably  a  collector  of  cess  before  Leslye.  As  a  result  of  the 
deficiency  a  party  was  quartering  on  the  shire. 

ffor  the  Right  Hono".  Earle  of  ffindlater  thes. 

Banff,  Sepr.  23 — 85. 
MY  LORD 

As  I  promised  in  my  Ladies  letter  I  wrote  last  day,  so 
now  your  Lop  sail  know  that  this  morning  I  took  occasione  to  waitt  on 
my  Lord  Airly  and  kiss  his  hands,  and  wes  all  alon  wt  him  ane  pretty 
good  space  in  his  garden,  qr  wee  had  ane  tuch  of  shyres  effeirs.  I  find 
him,  to  tell  your  Lop  the  ingenuous  truth,  efter  his  old  maner  and  way, 

1  Mistake  for  Alexander,  see  p.  87. 

"The  Acts  of  the  Parliaments  of  Scotland,  Vol.  VIII.,  p.  66:. 


150  RECORDS    OF   THE    COUNTY   OF    BANFF^. 

ffor  delayes,  and  sayes  iff  the  Comuirs  be  so  pressing  he  hops  they  will 
giwe  him  some  breathing  tyme  to  take  cours  in  it ;  and  I  perceiwe 
inclynes  much  to  hawe  things  staved  off  till  Duke  Gordon  come  doun, 
and  yet  I  apprehend  he  may  expect  little  to  be  done  that  way,  ffor  he 
saves  he  thinks  Duke  Gordon  will  doe  much  to  pay  his  shair.  I  ffound 
he  declynes  the  payt  off  the  moe  dew  to  me  adwanced  by  the  Cominrs 
order,  and  I  beleew  iff  he  can  will  declyne  all.  This  is  ane  short 
account  off  qt  \ves  amongst  us  as  to  thes  things.  Iff  I  had  been  able 
to  hawe  crost  ane  hors  I  wold  hawc  waited  on  your  Lop  and  told  yow 
all  mor  particularly.  It  is  wery  ffitt  and  necessary  your  Lop  keep  heir 
on  ffryday,  and  iff  yow  keep  nott  all  may  goe  wrong  both  as  to  yourself 
arid  others,  who  depends  upon  your  Lop ;  and  since  ye  wes  att  the  last 
meiting  your  Lop  is  now  concerned  to  be  att  the  nixt  meiting  allso,  till 
thes  things  be  settled.  He  looks  pretty  weill.  Its  ritt  your  Los  wold 
acquant  Thornibank  to  come  in  with  yow,  as  allso  the  baylies  off  Cullen 
to  appear  ffor  ther  interest,  [so  that]  the  right  manadgement  off  thes 
things  wold  be  speedily  ordered,  lest  ther  should  aryse  thoughts  in 
procureing  ane  call  ffor  remoweing  the  pairty.  I  am  in  all  sincerity 
and  duty, 

My  Lord, 

Your  Los.  wery  affec°nat  and  oblidged  serwant, 

GEO.  LESLYE. 
\ 

MEETING  OF  COUNTY  JUSTICES   OF   PEACE,  3ist   DEC.,   1685. 

Next  letter  from  the  Sheriff  Principal,  Sir  James  Baird  of  Auch- 
medden,  shows  that  a  meeting  of  the  County  Justices  of  the  Peace 
was  held  at  Banff  on  315!  December  1685  : — 

ffor  the  Right  Honourable  the  Earle'of  ffindlater  thes. 

Auchmedden  the  25  Decr.  1685. 
MY  LORD 

I  should  be  very  willing  to  wait  upon  your  Lop  any  where 
yee  disine,  but  being  preingaged  to  be  at  this  place  on  thursday  nixt 
befor  night,  and  since  find  by  your  Lops  letter,  and  be  the  acts  of 
Parliment  there  will  be  a  nessestie  that  there  be  sume  Justies  of  Peace 
present,  and  that  it  is  most  convenient  that  they  meet  a  Banffe,  and 
therefor  I  disire  your  Lop  may  be  pleasted  to  meet  there,  where  I  shall 


COMMISSIONERS    OF    SUPPLY,   AND    HIGHWAYS,    1686.  151 

attend  your  Lop  ther  the  last  instant,  God  willing,  befor  a  eleaven  a 
cloak,  and  shall  call  sume  Justices  of  Peace  to  meet  there,  there  being 
sume  things  to  be  dispatched  there  also  that  day,  wcl>  your  Lop  will 
find  neisessarie.  I  disire  the  meeting  may  be  the  sooner  that  what 
your  Lop  principally  intends  may  be  dispatched  befor  the  meeting. 
'Mr.  Kerr  may  also  com  alongs  and  sume  of  the  Justies  of  Peace  out  of 
ffordyce  parish,  such  as  your  Lop  thinks  fit  to  call.  So  presenting  my 
humble  services  to  my  Lady.  I  am, 

My  Lord, 

Yor  Lops  most  humble  s  [ervant] 

JAMES  BAIRD. 

Writing1  from  Edinburgh  on  27th  May  1686,  George  Leslye  informed 
Findlater  that  "  There  were  5  acts  yesterday  tucht  by  the  sheptore,  the 
act  anent  the  summer  sessione  .  .  .  and  the  act  anent  his  Majesties 
supplie." 

COMMISSIONERS   OF   SUPPLY,   AND   HIGHWAYS,    1686. 

As  county  government  evolved,  the  Commissioners  of  Supply, 
though  primarily  the  authority  for  apportioning  and  collecting  supply 
for  the  national  government,  had  duties  placed  upon  them  in  county- 
administration  which  increased  as  time  went  on.  Though  not  originally 
authorised  to  impose  and  collect  the  assessment  limited  to  IDS.  Scots 
on  every  £100  Scots  of  valued  rent,  which  under  the  Highways  Act 
of  1669  the  Justices  of  the  Peace  of  the  count}-  were  authorised  to 
impose  annually  on  the  first  Tuesday  of  June  on  the  heritors  of  the 
shire  for  the  upkeep  of  the  county  roads  and  bridges,  it  is  probable  that 
such  assessment,  if  any  imposed  in  early  times,- was  imposed  and 
collected  through  the  clerk  and  collector  of  the  Commissioners  of 
Supply.  At  any  rate,  under  the  statute  of  1686,  the  Commissioners 
of  Supply  were  conjoined  with  the  Justices  of  the  Peace  as  the  county 
authorities  for  the  management  of  roads. 

THE  DUKE  OF  GORDON  AND  COLLECTOR  LESLYE. 

The  Convener  of  the  Commissioners  of  Supply,  the  Duke  of 
Gordon,  as  became  a  kinsman  of  the  period,  supported  Airlie's  dilatory 
pleas  against  the  claims  on  him  as  cautioner  for  Collector  Ogilvie ; 
and  tried  to  render  as  uncomfortable  as  possible  the  position  of 
Collector  Leslye,  who  had  the  thorough  going  support  of  the  Earl  of 
Findlater.  That  nobleman,  though  not  frightened  at  the  "griamase 
of  a  great  man,"  was  so  hard  up  as  to  have  to  borrow  a  hundred 
'  Seafield  Correspondence  (Scot.  Hist.  Socy.),  pp.  27-8. 


152  RECORDS  OF  THE  COUNTY  OF  BANFF. 

merks  from  the  collector  before  he  could  go  about  his  affairs.  Like 
most  noblemen  of  the  period  the  Earl  of  Findlater  was  chronically 
impecunious.  At  this  time  his  son,  James  Ogilvie,  a  young  advocate  in 
Edinburgh,  was  endeavouring  to  cut  through  his  father's  pecuniary 
entanglements.  Writing1  on  5th  January  1686,  he  says,  "I  doubt  bot, 
if  you  so  consider  your  condition,  you  will  be  diligent  in  endeavouring 
to  provid  money  against  the  nixt  terme.  If  you  Lo.  could  assure  us  of 
money  att  the  terme,  I  would  immediately  goe  treat  with  all  your 
creditors,  for  I  find  them  worse  to  setle  with  then  they  wer  the  last 
year ;  and  I  am  affraid  they  grou  alwayes  the  longer  the  worse." 
There  was  then  nothing  scarcer  than  money  in  Scotland.  Findlater's 
poverty  is  seen  in  his  inability  to  pay  the  Government  cess,  and  the 
(juartering  of  troops  on  his  estate  in  consequence,  referred  to  in  the 
collector's  letters  of  ist  June  1687. 

ffor  George  Leslie  of  Burdsbank 

the  29th  of  Septr  —686 
HONORED  CUSSING 

I  had  ane  full  and  warme  dcbeat  with  duke  Gordon  on 
your  account.  The  particulars  this  letter  can  not  contean,  I  com- 
missioned Master  Inncs  your  minister  to  communicat  to  you,  which  I 
belive  he  hes  don.  I  shall  nou  only  say  this,  it  wear  fitt  many  of  your 
friends  wear  advertised  to  keep  the  mitting  wher  they  shall  heave  litle 
to  doe  but  second  me,  for  I  shall  not  only  debeat  with  his  Grce,  butt  doe 
all  can  be  said  is  fitting  for  one  that  appears  for  his  friend  above 
board,  and  lett  others  aiether  retract  ther  subscriptions  or  conceall 
ther  frindship  to  you,  min  shall  publictly  appear,  not  being  in  the  least 
to  be  frightned  with  the  griamase  of  a  great  man.  If  ye  thinke  fitt  to 
speake  with  me  or  the  mitting,  ye  must  doe  it  on  Munday  once  in  the 
day.  I  intreat  you  send  me  that  hundereth  merks  ye  promised,  for  till 
I  gett  it,  I  can  not  so  much  as  goe  about  my  ouen  afaiers  in  this  same 
countrie.  So  wishing  all  your  friends  to  be  als  reall  to  you  as  I  shall 
be,  I  shall  add  no  mor  but  that  I  am 

your  reall  and  oblidged  friend 

FFINDLATER 

24  Septer  86 
annsred  on  this  ter  100  merks  to  Andrew. 

1  Seafield  Correspondence  (Scot.  Hist,  Socy.),  p.   16. 


COMMISSIONERS  OF  SUPPLY,  1687.  153 

MEETING  OF  COMMISSIONERS  OF  SUPPLY,  1687. 

ffor  the  Earle  off  ffindlatter  these 

Banff  12  ffebry  —87 
MY  LORD 

I  shall  defeer  much  of  our  yesterdayes  meeting  to  be  told 
yow  by  Baylie  Ord.1  Howewer  I  found  my  selfe  oblidgcd  to  nottice 
your  Lops  concerne  and  to  o\vne  your  intrest.  The  two  thousand 
pund  is  devyded  amongst  the  fyftein  Comissrs  of  the  Excysse,  wherof 
your  Lops  pairt  is  200  merks,  ffor  which  I  have  vndertaken  in  your 
name.  They  thought  ffitt  to  exeeme  the  [absents(?)]  ffrom  this  of 
purpose,  that  all  the  rest  might  stick  closs  togidder  to  concurr  for  yr 
joynt  releiff ;  and  they  have  ordred  me  to  direct  the  party  vpon  all  the 
Comssrs  who  were  absent,  except  such  who  have  subscryved  the  act. 
I  purpose  to  wait  on  your  Lop  on  Munday  next,  so  till  then  and 
allwayes  I  am, 

My  Lord, 

Your  Lops  werie  affectionat  and  most  humble  srvant, 

GF.O.    LESI.YE. 

ffor  the  Hade  of  ffindlater  these 

Banff  25  March  —87 
MY  LORD 

The  present  exegencie  and  circumstances  of  the  Shyres 
affaires  calls  for  ane  meeting,  whereof  I  am  deseired  to  acquant  the 
Comissioners  that  they  may  punctuallie  keep  Tuesday  next  the  2gth 
current  be  ten  acloak,  that  inspectione  may  be  taken  of  the  shyres 
effairs,  and  of  this  I  thought  fitt  to  give  your  Lop  nottice  that  ye  may 
keep  the  forsd  appoyntment ;  and  as  your  presens  is  necessarie  so  it  is 
lykwayes  deseired  by, 

My  Lord, 
Your  Lops  werie  affectionat  and  most  humble  srvant 

GEO.   LESLYE. 
MY  LORD 

Thes  above  are  the  draught  off  the  publict  letter  I 
hawe  giwen  to  the  Commrs.     Edenglassie2  wreit  to  me  yesterday  to 

1  Ord  of  FinHochty,  Bailie  of  Cullen. 

"Sir  George  Gordon  of  Edinglassie,  Joint  Sheriff  Principal  of  Banffshire. 

U 


154  RECORDS   OF   THE   COUNTY   OF   BANFF. 

conveen  the  Commrs  against  Tuesday  nixt,  and  feared  he  might  be 
blamed  ffor  delaying  so  long,  ffor  I  wrote  to  him  something  of  your 
Los.  opinion,  and  that  things  might  hawe  been  delayed  till  Boynds 
northcomeing  qch  he  thought  wes  uncertein  and  dilatorious ;  so  iff  your 
Lop  thought  it  convenient,  I  think  it  necessary  ye  keep  the  meetting; 
and  howewer  iff  I  can  I  sail  labour  to  wait  on  your  Lop  tomorrow  or 
Sunday  prewious  to  the  meeting,  ffor  truly  I  resolve  to  be  on  guard  wt 
them  all,  and  to  be  rady  to  clear  accounts,  but  am  as  yet  ignorant  and 
knowes  not  weill  qt  to  doe  as  to  your  Los  concern,  qch  wold  hawe  done 
better  if  Boynd  had  been  att  home.  I  hawe  wrn  to  my  Lord  Desk- 
foord  and  hes  sent  him  Androw  Thomsons  letter  to  me  with  his  owen 
account,  all  qch  I  dcsyred  might  be  communicat  to  your  Lop  by  your 

sone. 

ffor  the  Earle  of  ffindlater. 

Banff  ij  May  —87. 
MY  LORD 

As  I  gave  vow  the  trouble  of  ane  lyne  yesterday,  so  by 
James  Baird  I  thought  ffitt  to  acquant  your  Lop  with  Edinglassies 
returne  to  me  which  was  and  wreats,  since  the  duke  is  not  to  be  pn' 
himselfe,  he  hes  appoynted  the  meeting  to  be  called  to  meet  at  this 
place  Wedensday  next  the  i8th  current,  and  leaves  it  to  myselfe  and  to 
take  Boynds  and  Auchmeddens  yr  advyse  whither  I  shall  acquant  the 
Comissrs  only  or  Comissrs  and  Hereturs;  but  I  think  the  Comissrs  are 
sufficient.  And  seeing  Boynd  went  to  Buchan  yesterday  I  have  sent 
doune  ane  lyne  to  him  and  Auchmedden  comunicating  the  samen  to 
them,  and  as  I  have  ane  ansr  from  ym,  so  accordingly  I  am  to  ishue  out 
the  intimations  wherwith  your  Lop  shall  be  heirafter  acquanted  by, 

My  Lord, 
Your  Lop  werie  affectionat  and  most  humble  servant 

GEO.  LESLYE. 
MY  LORD 

If  your  Lop  ffortune  to  see  my  Lord  Airly  after  recept 
of  these,  and  chance  to  ffall  on  any  discourse  to  this  purpose,  I  think 
your  Lop  may  tell  him  that  its  werie  fitt  that  he  keep  the  meeting,  ffor 
I  apprehend  he  may  take  jorney  south  befor  yt  tyme  and  befor  the 
meeting.  I  think  it  is  necessarie  yt  yor  Lo.  my  Lo.  Boynd  and  I  meet 
at  some  place  some  day  befor  the  meeting. 


ARREARS  OF  CESS,  1687.  155 

8  May  —87. 
MUCH  HONORED 

Since  my  Lord  Airlie  deseirs  ane  meeting  of  the  shyre 
I  know  not  how  it  can  be  reffuised  to  call  on  when  you  please.  But  I 
wish  that  every  on  may  get  fair  play.  I  know  nothing  of  new  from 
Edenborow  saiff  yt  .  .  .  .  hes  a  lewtenandrie  in  Dunbartons 
regiment. 

I  am, 

Your  werie  affectionat  cussein  and  scrwant 

GORDONE. 

ffor  the  Earle  off  ffindlater  thes. 

Banff  i  Junij  — 87. 
MY  LORD 

I  am  exceedingly  sory  to  give  your  Lop  ane  letter  of 
this  strain.  Ye  shall  not  have  reason  to  question  my  duty  or  affectione 
towards  your  Lop,  yet  its  als  hard  for  me  to  suffer  for  my  kyndnes. 
Your  Lop  knowes  in  what  circumstances  I  now  am,  and  most  cleir 
with  als  I  have  yet  keept  your  Lops  name  vnlisted  to  any  pairty  since  I 
hade  publict  imployment,  but  now  pardon  me  I  can  fforbeare  no  longer 
since  I  am  so  concerned,  and  I  shall  intreat  that  your  Lop  would 
speedellie  order  the  peyment  of  what  ye  rest  to  the  publict,  els  certainly 
vpon  ffryday  next  I  most  direct  the  pairty  vpon  your  Lop  and  your 
lands ;  and  if  you  please  to  comunicat  to  me  such  tenents  as  you  think 
fitt  I  should  name  to  the  pairty.  acquant  me  yrwith,  els  vndoubtedly  the 
pairty  will  come  to  your  owne  .  This  is  contrarie  to  my 

inclinatione,  but  they  say  necessitie  hes  no  law.     I  shall  leave  these  to 
your  consideration  waiting  your  Lops  returne,  and  I  am, 

My  Lord, 

Your  Lops  werie  affectionat  and  most  humble  serwant 

GEO.  LESLYE. 

PROCESS  AGAINST  COLLECTOR  OGILVIE'S  CAUTIONERS. 

The  five  next  letters  deal  with  the  process  instituted  regarding 
Collector  Ogilvie's  deficiency  and  his  cautioners'  liability  to  the  county 
therefor. 


156  RECORDS   OF   THE   COUNTY   OF   BANFF. 

For  the  Earle  of  Findlater. 

Edr  July  i,  1687. 
MY  LORD 

I  received  the  honour  of  your  Lo.  letters  which  you  sent 
with  Burdsbank  and  Mr.  Cuming,  and  did  in  obedience  to  your  Lo. 
comands  communicat  them  to  my  Lord  Boyn,  and  it  was  both  his 
opinion  and  mine  that  wee  should  not  straitne  Burdsbank  att  this  time, 
and  therfor  I  have  taken  from  him  ane  thousand  and  seventeen  pounds, 
and  he  is  att  my  Lord  Boyns  northcoming  and  mine  to  hold  compt  to 
your  Lo.  for  the  superplus  of  the  money,  att  which  time  my  Lord 
Boyn  and  I  will  consider  the  article  annent  the  deficiencie.  Wee  have 
presented  ane  petition  to  the  Lords  of  the  Thresurie  creaving  that  their 
former  act  which  ordered  quartering  uppon  the  cationers  of  Provest 
Ogilvie  might  be  renewed.  The  petition  will  be  presented  this  day, 
and  your  Lo.  shal  have  ane  accompt  of  svhat  is  done  in  it  by  the  nixt 

occasion.     .     .     . 

I  am, 

My  Lord, 

Your  Lo.  most  obedient  sone  and  most  humble  servant 

JA.  OGILVIE. 

ffor  the  Earle  off  mndlater  thes. 

from  Abd  to  Banff.  3d. 
To  the  speciall  care  of  Mr.  Patrick  Innes,  Minister  at  Bamff.     In  haist. 

Edr.   July  2,  — 87. 
MY  LORD 

Referring  much  to  your  sone  Mr.  James  his  rela°ne,  I  sail 
only  out  of  duty  giwe  your  Lop  thes  breifly,  qfby  ye  may  know  I  hawe 
deliwered  to  Mr.  James  your  sone  vpon  your  Los  account  1017:  los.  o8d. 
qch  is  the  just  moe  ower  your  Los  account  to  me,  qfin  ther  are  some 
articles  delayed  till  all  off  us  come  north.  The  Shyres  bussines  is 
consulted,  your  sone  and  Mr.  Geo.  Banerman  for  the  Comfiirs,  and  Sir 
Dawid  Thors  and  Colt '  ffor  the  tuo  caurs.  Your  sone  and  I  hawe  been 
thorow  many  off  the  Lords  off  Excheqr,  who  says  they  find  the  desyre 
of  our  bill  rationall  and  just.  My  Lord  Airly  hes  gotten  it  to  ansr 

'  Sir   Robert   Colt  and   Mr.   Banerman,  Solicitors  to  his  Majesty— Fountainhall's  Chron. 
Notes,  p.  230. 


PROCESS   AGAINST   COLLECTOR   OGILVIE'S   CAUTIONERS.  157 

against  the  nixt  Excheqr  day  qch  is  ffryday  nixt;  so  being  in  hast,  the 
post  going  off,  till  ane  other  occasione  this  sail  be  all  from, 

My  Lord, 
Your  Los  \very  affec°nat  and  oblidged  serwant 

GEO.  LESLVE. 

Park  made  ane  strange  clamour  anent  his  quartering.  Nothing 
would  serwe  bot  I  behoowed  to  be  befor  the  Counsell.  I  shall  be  glad 
if  it  be  so.  Att  meetting  your  Lop  sail  know  qt  freedom  I  used  \vl  the 
Duke  off  Gordon,  and  yet  vvt  deference  to  his  qualitie.  I  \ves  just  now 
wt  the  Register  who  is  wery  ciwill  and  kynd  to  me.  The  Generall  had 
all  most  fforgot  he  gawe  any  such  vvarrand  to  Mr.  Simson  for  not 
quartering  on  Airlys  and  Banff  caurs,  so  that  hes  been  only  ane 
complement  and  .  .  .  bot  ane  other  tyme  will  produce  the  ewent  off  yt 
effeir ;  and  so  I  bidd  your  Lop  hartily  fareweill :  I  giwe  my  humble 
duty  to  my  Lady  to  my  Lord  Dcskfoord,  and  to  all  your  Los  family. 

For  the  Earle  of  Findlater 

Abd.  to  Banf  in  all  haste.    3d. 
To  the  care  of  the  Minister  of  Bamff. 

Edr.  Jully  the  2Oth  1687. 
MY  LORD 

.  .  .  The  Shires  business  befor  the  Lords  of  the  Tresurie 
hes  been  called  and  the  Duke  of  Hamiltoun  was  very  friendly  in  it,  for 
which  your  Lo.  oues  him  thanks.  Ther  is  nothing  as  yet  done  in  it, 
bot  by  the  nixt  occasion  your  Lo.  shal  hear  what  is  done.  .  .  . 

My  Lord, 

Your  Lo.  most  obedient  sone  and  most  humble  servant 

JA.  OGILVIE. 

ffor  The  Earle  off  ffindlater  thes. 

With  cair  from  Abd  to  Banff.    3d. 
To  the  care  of  the  Minister  of  Bamff. 

Edr  July  23  : 87. 
MY  LORD 

.    .    .    Our  Excheqr  bussines  is  not  as  yet  discust.    It  hes  been  delayed 
ffor  causs  and  considera°ns  know-en  to  my  Lord  Boynd  and  to  your 


158  RECORDS   OF  THE   COUNTY   OF   BANFF. 

sone,  qch  cannot  be  so  fully  committed  to  paper,  only  ther  are  desings 
ffor  getting  Airlys  pairt  payed  by  the  Comifirs  or  countrey,  and  the  other 
caur  will  be  left  to  act  ffor  himself,  since  he  hes  so  disoblidged  ffrinds 
heir.  This  is  the  most  qrwith  now  I  can  trouble  your  Lop  .... 
That  Counsell  bussines  of  Airlys  att  Parks  instance  is  lyk  to  decay,  and 
is  dead.  I  giwe  my  harty  serwice  to  your  Lop,  to  my  Lady,  with  all 
your  noble  family,  and  I  am  in  all  duty, 

My  Lord, 

Your  Los  wery  affec°nat  and  most  humble 
serwant  qll  I  am 

GEO.   LESLYE. 

ffor  the  Earle  off  ffindlater  thes 

Banff  Oct.  i  87. 
MY  LORD 

Achmedden  wreit  to  me  yesternight  to  shew  your  Lop 
it  wer  flitt  yourself  and  your  sone  Mr  James  keep  the  nixt  meetting  the 
13  current,  and  he  sail  shew  ane  way  how  the  caurs  sail  be  persewed  ffor 
the  Comfiirs  releiff.  Till  meetting  your  Lop  sail  not  be  troubled  wt  all 
the  steps  off  our  last  ffrydays  meetting.  I  am, 

My  Lord, 

Your  Los  wery  affecunat  and  most  humble  serwant 

GEO.   LESLYE. 

ffor  the  Earle  off  ffindlatter  these 

Banff  12  Der  —87. 
MY  LORD 

By  this  bearer  I  have  given  yow  this  trouble  and  to  tell 
your  Lop  that  probablic  yt  in  the  end  of  this  week  or  in  the  begining 
of  the  next  I  may  send  this  same  bearer  ane  express  south  again  for 
the  ffwrther  cleiring  of  my  effairs  at  the  south  hand,  and  to  send  south 
all  my  receipts  and  instructions,  since  I  ffind  that  without  prin" 
peapers  they  cannot  be  convinced  of  the  veritie  of  matters ;  and  after  I 
spoke  with  Auchmeden  accordingly  I  am  to  take  up  my  ressolution,  so 
that  when  I  send  yowr  Lop  shall  have  tymeous  advertisment,  in  cace 


COMMISSIONERS   OF    SUPPLY,    1689.  159 

ye  have  lers  to  send.     If  I  can  I  intend  to  be  out  and  wait  on  yowr 
Lop  once  this  week,  qch  now  is  all  ffrom, 

My  Lord, 

Your  Lops  werie  affectionat  and  most 
humble  serwant 

GEO.   LESLYE. 

LORD  FINDLATER'S  ARREARS  OF  CESS. 

ffor  George  Syme  srvitor  to  the  Earle  Findlater 
Banff  21  Agust  1688. 

LOVEING    FRIEND 

I  marvel  that  you  delay  yor  heir  coming  so  long  with  my 
Lord  ffindlater's  cess  ffor  the  last  terme,  since  ther  are  very  ffcu  in  the 
haill  shyre  but  have  payed  in ;  and  I  can  not  but  impute  it  to  yor  fault 
and  neglect  that  it  is  so  long  aclearing,  being  I  know  my  Lord  is  most 
willing  it  should  be  tymeuslie  done.  Ther  is  necessitie  to  have  all  in 
that  is  resting  with  all  possible  speed,  ffor  peving  the  publick  and 
preveening  the  hazard  off  a  pairtie.  I  thought  therfor  ffit  to  acquant 
you  to  haste  you  heir  with  that  which  is  resting  proceeding  Whitsonday 
last  being  49  lib  6s  and  lod,  and  with  the  haill  Whitsondayes  terme  be 
itselff,  being  183  :  14  :  8.  So  expecting  to  see  you  shortlie  heir  with 
both,  I  am 

Yor  assured  ffreind 

Jo.   ANDREW. 

COMMISSIONERS  OF  SUPPLY,  1689. 

On  27th  April  1689,  the  Convention  Parliament,  summoned  by  the 
Prince  of  Orange,  voted  four  months'  supply,  and  the  following 
Commissioners  were  appointed  for  Banffshire,1  the  active  Jacobites  and 
known  Roman  Catholics  included  amongst  the  Commissioners  appointed 
in  1685,  being  omitted  :— 

The  Earle  of  Airlie,  the  Earle  of  ffinlater,  Sr.  Patrick  Ogilvie  of 
Boyne,  Sr.  James  Baird  of  Auchmedden,  Sr.  George  Gordon  of  Edin- 
glassie,  the  Laird  of  Troup,  George  Keith  of  Northfield,  —  —  Grant  of 
Denlugus,  Walter  Stewart  of  Boig,  James  Ogilvie  of  Baldavie, 
Thomas  Ogilvie  in  Boigtoun,  Alexander  Hay  of  Arnbath,  Mr.  John 
and  Alexander  Abercrombies  elder  and  yr.  of  Glassach,  John  Ogilvie 
of  Kempcairn,  -  -  Ogilvie,  yr.  of  Kempcairn,  Thomas  Gordoun  of 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.,  pp.  73-4. 


l6o  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Cranach, Innes  of  Edingeith,  -    -  Stewart  of  Kilmach  [lie] , 

Anderson  yr.  of  Westertoune,  the  Laird  of  Park  Gordoune,  Provest 
Stewart,  Bailzie  John  Gordoun,  the  Laird  of  Grant,  Patrick  Grant  of 
Klchics,  Alexr.  Duff  of  Braco,  Alexander  Duff  of  Keithmore,  Patrick 
Stewart  of  Tanachie,  -  -  Hay  of  Raneis,  -  -  Ogilvie  of  Cantly, 
Alexander  Gordoun  of  Auchynachie,  and  John  Gordon  of  Dallowchy. 
These  were  instructed  to  meet  on  I4th  May  to  impose  the  cess  and  to 
name  a  "  Conveener."  To  judge  from  the  correspondence  following 
and  the  first  minute  of  the  Commissioners  of  Supply  in  1696,  the 
Karl  of  Findlater  was  from  this  date  onwards  Convener. 

MILITIA  LEVIES  IN  BANKFSHIRE,  1689. 

The  excursions  and  alarms  of  the  Revolution  in  Banffshire  have 
been  so  far  alluded  to  in  Chapter  I.  In  view  of  Dundee's  rising  in  the 
north  for  King  James,  the  Convention  Parliament  on  i8th  April  1689 
passed  an  act  for  a  levy  of  five  hundred  horsemen  in  Scotland ;  forty- 
four  being  apportioned  to  Banffshire  and  Erroll's  part  of  Aherdeenshire. 
This  quota  was  on  22nd  April  put  under  the  command  of  the  Master  of 
Forbes.  The  following  letter  from  George  Leslye,  Sheriff  Clerk  of 
Banffshire,  who  about  this  period  ceased  for  a  time  to  be  County 
Collector,1  details  part  of  the  procedure  taken  in  Banffshire  in  connexion 
with  the  levy.  Major  Hugh  Buntein  of  Kilbryde,  Ayrshire,  was  muster 
master  of  the  whole  Scotch  levy  : — 

ffor  the  Earle  of  Findlater  thes. 2 

MY  LORD, — I  have  received  ane  act  from  the  Conventione  of  Estates, 
wheirby  I  am  ordoured  to  give  advertisement  to  all  the  Comssr5  of 
militia  and  outputters  of  horse  theirto  within  this  shyre  to  meete  att 
Banff  upon  Thursday  nixt  the  2d  of  May  for  outreicking  the  ffourth 
horse  of  the  ordinar  militia,  and  that  they  be  ready  to  be  presented  heir 
agt  the  gth  of  the  sd  month  with  ten  dayes  provision  to  Major  Bountin 
or  any  whom  he  shall  appoint,  the  horse  being  att  the  raite  of  ten 
pounds  sterling  and  the  armes  and  equipage  att  ffive  pounds.  This,  as 
is  appointed  me,  is  intimate  to  your  Lo.  by, 

My  Lord, 
Your  Lo  most  humble  servant 

GEO.  LESLYE. 
Banff  26  Aprile  89. 

1  See  Letters  of  8th  May,  1691,   14th  January  and  26th  August,   1693,  pp.   162-3,  1657. 
*  Seafield  Correspondence  (Scot.  Hist.  Socy.),  pp.  48-9. 


MILITIA   LEVIES   OF    1689.  l6l 

On  3Oth  April  1689  the  Committee  of  Convention  issued  a  com- 
mission »  to  the  Earl  of  Findlater  and  to  Sir  George  Gordon  of 
Edinglassie,  conjunct  Sheriff  Principal  of  Banffshire,  to  call  together 
the  fencible  men  of  the  county,  and  to  take  orders  from  King  William's 
commander-in-chief  in  Scotland,  Major  General  Mackay  of  Scouric. 

On  ist  August  1689,  after  Dundee  had  by  Highland  shock  tactics 
driven  Mackay  to  headlong  flight  at  Killiecrankie,  Parliament  authorised 
the  Privy  Council  to  call  out  all  the  heritors  and  fencible  men  within 
Scotland  with  their  best  horses  and  arms  and  forty  days'  provisions. 
On  3rd  August  James  Ogilvie  sent  his  father  the  following  directions 
about  the  command  in  Banffshire.  The  letter  of  jth  August  from  John 
Innes,  laird  of  Edingight,  seemingly  refers  to  this  levy  ordered  on 
ist  August : — 

Edr.  August  3d.  16X9. 

MY  LORD,2 — I  received  your  Lo.  leter  with  one  inclosed  for  General 
Major  McKay,  bot  he  being  with  the  army,  I  could  not  get  his  letter 
delivered  to  him.  I  therefore  went  to  the  Commissioner,3  and  did  rend 
to  him  both  the  Generals  letter  and  mine,  and  did  hold  out  to  him  the 
steat  and  condition  of  the  shire ;  bot  in  respect  that  Kdenglassie  hes 
shouen  himselfe  so  forward  from  the  begining  of  this  revolution,  it  is 
the  Duks  opinion  that  your  Lo.  doe  not  trouble  your  selfe  with  the 
command  of  any  part  of  the  shir,  bot  you  may  doe  it  or  not  as  you  find 
convenient  for  your  selfe  and  your  freinds ;  bot  as  for  what  you  have 
done  the  Duke  hes  promised  that  neither  you  imr  the  gentrie  you  had 
under  your  Lo.  command  shal  sustain  any  prajudice.  I  am  confident 
you  have  all  been  much  alarumed  with  the  accompt  of  the  feight  att 
Gillechranke.  .  .  . 

JA.  OGILVIE. 

ffor  the  Earll  off  ffindlater  thes  ar  in  heast. 

Graing  7  Agust  1689. 

MY  LORD,4 — I  have  sent  your  Lo.  the  inclosed  intimatione  which  is 
sent  be  the  shereif  and  was  intimat  at  the  church  this  day,  to  let  your 
Lo.  consider  it,  and  yt  wee  within  this  paries  may  know  your  Lo.  mynd 
what  way  wee  shal  behave.  Wee  being  within  your  Lo.  division  all  of 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.,  Appendix,  p.  2. 

*  Seafield  Correspondence  (Scot.   Hist.  Socy.),  pp.  50-1. 
3  William,  Duke  of  Hamilton. 

*  Seafield  Correspondence  (Scot.   Hist.   Socy.),  pp.   51-2. 

V 


l62  RECORDS  OF  THE  COUNTY  OF  BANFF. 

us  resolvs  to  wait  upon  your  Lo.  command.  The  heritor  [s]  desyrd  me 
to  send  this  expres  to  your  Lo. ;  so  what  command  you  put  upon  us 
shal  be  obeyed.  ....  Jo  INNES. 

COMMISSIONERS  OF  SUPPLY,  1690. 

The  Commissioners  of  Supply  for  the  county  appointed  on  7th 
June  1690,  were  '  : — 

The  Earle  of  Marishall,  the  Earle  of  Airly,  the  Earle  of  ffindlator, 
the  Lord  Keith,  Sir  Patrick  Ogilvie  of  Boyne,  Sir  James  Ogilvie  of 
Churchill,  the  Laird  of  Grant,  the  Laird  of  Jjoyne,  Sir  James  Baird  of 
Auchmeddin,  Sir  George  Gordone  or  Edinglassie,  Sir  John  Gordone  of 
Parke,  Mr.  Patrick  Ogilvie  of  Pittenbrinning,  Sir  James  Abercrombie 
of  Birkenboge,  John  Ogilvie  of  Kempcarne,  Mr.  John  Abercrombie  of 
Glassach,  William  Dunbar  of  Durne,  -  Abercrombie  of  Skeith, 
Alexander  Duff  of  Bracco,  -  -  Gairden  of  Troupe,  John  Ramsay  of 
Melrose,  Mr.  William  Josse  of  Collenward,  James  Ogilvie  of  Baldavie, 
Ale.\r.  Hay  of  Arnbath,  Alexr.  Ogilvie  of  Forglane,  Thomas  Gordon  of 
Cranach,  chamberland  to  the  Duke  of  Gordone,  -  -  Gregorie  of  Kin- 
airdie,  Mr.  George  Meldrum  of  Crombic,  James  Gordone  of  Ardmeallie, 
Alexander  Duff  of  Keithmoir,  Mr.  Thomas  Law  of  Newtowne,  James 
Leslie  of  Kininvie,  Walter  Grant  of  Erdendillie,  Alexr.  Duff  of  Drum- 
muire,  John  Innes  elder  of  Edingicht,  -  -  Sutherland  of  Kinminitie, 
Alexr.  Gordone  of  Birkcnburne,  -  -  Gordon  of  Achynachie,  Patrick 
Duff,  chamberland  to  the  Duke  of  Gordon,  Mr.  John  Leslie  of  Tulloch, 
William  Bayllie,  chamberland  to  the  Laird  of  Grant,  -  -  Stewart  of 
Kilmachlie,  John  Andersone  of  Westertoune  and  George  Leslie  of 
Burdsbank. 

JAMES  COCK,  COUNTY  COLLECTOR. 

Next  letter  shows  James  Cock,  Town  Clerk  of  Banff,  established  as 
County  Collector  in  place  of  George  Leslye  of  Burdsbank.  The  letter 
gives  the  usual  intimation  of  these  times  that  a  party  of  soldiers  was 
quartered  on  the  county  for  arrears  of  cess. 

ffor  the  Earle  off  ffindlater  these. 

Banff  8  May  91. 
MY  LORD 

There   haveing   come  heir   yeisternight   ane   pairtie   off 

twentie  four  ffoot  souldiers  and  ane  commander  with  ane  order  from 

Mr.  Osswald  and  Dunlop  Gen"  Receavers  to  quarter  one  the  Comis- 

sioners  off   Suplie  and  ther  Collector  wntill  pay1  be  maid  of  what  is 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.,  p:  145. 


EXCISE  TAX  FROM  BREWERS.  163 

resting  by  the  said  shyre,  which  is  a  werye  gen"  order  not  condiscending 
one  what  terme,  ffor  how  much  or  by  whome,  so  that  it  is  the  oppinione 
of  some  of  the  Comissioners  heir  that  ane  meeting  be  called  of  the 
Comissioners  to  keep  at  Banff  one  Wednesday  next  the  thirteinth 
instant  for  staiteing  accounts  with  ther  Collectors,  that  they  may  find 
out  one  whom  the  said  rest  is  and  by  whom  dew,  and  ther  after  take 
such  effectuall  methods  as  not  to  suffer  them  selffs  and  the  countrie  to 
be  oppressed  as  hither  too  hes  been  done,  I  have  ther  for  given  yow 
this  advertisement,  that  accordinglye  yee  keep  the  meeting,  which  is  all 
from, 

My  Lord, 

Your  humble  srvant 

JA  COCK. 

EXCISE  TAX  FROM   BREWERS. 

George  Leslye  of  Burdsbank,  writer  of  next  letter,  was  at  this  time 
Collector  of  Excise  for  the  County.1  He  threatens  to  exact  tax  from 
brewers  whether  they  brew  or  not. 

ffor  James  Lawtie  of  Tochieneill  to  be  comunicate  to 
Baillie  Ord  in  Cullen  thcs.2 

Banff  2d  ffcbry  :  92. 

Sr, — I  received  your  letter  yesternight  and  Baillie  Ords  this 
day,  and  am  not  satisfied  with  either  of  your  lers,  though  I  cannot  but 
confess  both  of  your  selfs  are  fair  as  to  your  o\ven  pairts,  and  thinks 
yee  have  done  verie  fairlie  in  offering  to  others  what  yee  did  ;  and  since 
they  are  so  obstinate  and  ignorant  as  not  to  comply  with  favours  offered 
to  them,  lett  them  be  at  there  hazard,  and  for  there  contumacie  and 
contempt  for  lying  drey,  doe  me  the  favour  to  shew  ane  and  all  of  them 
that  they  may  be  assured  I  shall  be  even  with  them,  and  upon  there 
expenses.  Continue  on  your  selfs.  Yee  shall  find  all  the  favour  [in] 
my  power.  And  for  these  who  have  proven  contumacious,  they  may  be 
perswaded  they  shall  pay  drey  excyse  att  the  highest  rate,  whither  they 
brew  or  not.  This  tell  them  from  me,  and  they  shall  never  find  me 
where  they  left  me ;  and  if  the  pairty  which  I  have  here  from 
Bellendallach  were  not  allreadie  ingaged  and  imployed  otherwayes  and 

1  See  p.   166.  *  Seafield  Correspondence  (Scot.  Hist.  Socy.),  pp.  76-7. 


164  RECORDS  OF  THE  COUNTY  OF  BANFF. 

upon  some  other  persons,  they  should  have  imediatelie  have  bein  sent 
to  Cullen,  ffor  I  see  that  people  are  so  daft  that  I  must  give  them  some 
divertisment.  All  these  I  leave  to  your  owen  caire,  and  desyres  that 
with  my  ffathers  man  who  comes  to  Boyndie  to  me  on  Thursday  nixt 
ye  lett  me  have  your  return  of  this  from  him,  and  ane  list  of  these  who 

intends  to  ley  drey 

GEO.  LESLYE. 


QUARTERING  ON  COUNTY  FOR  ARREARS  OF  CESS,  1692. 

The  Town  Clerk  of  Banff  and  County  Collector  gives  in  next  two 
letters  an  account  of  young  Boyne's  first  essay  in  Jacobite  intrigue, 
and  of  the  recurrent  quartering  on  the  county  for  arrears  of  cess. 

ffor  the  Right  Hon"  Sr.  James  Ogihvie  off  Churchhill  these.1 

Banff  3  October  92. 

Right  Honll, — There  is  ane  great  pairtie  come  heir  yeasternight  off 
Collonell  Buchans  regiement,  consisteing  of  ane  captaine  lyvetenent 
ensigne  scall  subalterns  cadies  and  60  sentinells,  who  have  something 
in  hand  besyde  the  cess,  there  being  noe  more  resteing  but  this  last 
Lambas  terme,  being  2875  tbs.  IDS  ;  and  it  wes  never  heard  in  this 
shyre  that  ane  pairtie  wes  soe  soone  emitted,  there  being  noe 
preceidings  resteing.  The  captaine  off  the  pairtie  went  out  this  night, 
by  wirtue  of  ane  warrand  ffrom  the  Councill,  with  24  men  to  apprehend 
youer  ffrend  young  Boyne;  but  I  presume  unles  he  be  werie  unffortunat 
he  is  out  of  the  way,  being  fforwarned.  This  your  Ho.  may  keep  to 
youer  selfc.  And  now  I  have  sent  youer  account  of  resteing  cess  to 
you,  qch  must  be  heir  this  night  preceislye,  vyrwayes  I  cannot  exeem 
the  lands  from  ane  pairtie.  Your  Ho.  will  send  the  wholle  sume 
required;  ffor  youer  Ho  will  ffind  the  100  tbs.  peyt  by  the  daills  sent, 
and  29  tbs.  dew  by  my  Lord  youer  ffaither.  This  is  peremptor,  so  that 
youer  Ho.  will  excuse  this  ffreedome  ffrom, 

Right  Hon11,  your  Ho.  humble  srvant 

JA.  COCK. 

'  Seafield  Correspondence  (Scot.  Hist.  Socy.),  pp.  93-3. 


THE    COUNTY   COLLECTORSHIP,    1693.  165 

ffor  Sr  James  Ogilwie  off  Church  hill  these. 
RIGHT  HONLL  Bamff  4  October  92. 

I  have  received  Candlemas  cess  last  and  given  recept  yrone. 
As  ffor  the  daills  youer  Ho.  is  weydly  mistaken  in  the  number,  qras 
yee  call  them  150  being  but  ...  the  sellers  recept  amounting  to 
83  tbs  14  ss  as  ye  will  see  by  the  inclosed  note  bey  my  hand,  so  that 
if  youer  Ho.  pleases  to  allow  that  recept  of  youer  Ho.  ffaithers  yee 
will  be  debitor  to  me  in  12  tbs  14  ss  scots.  As  ffor  yl  100  tbs  last 
imposed,  I  spoke  to  Boyne  on  it  my  selfe,  who  will  tell  vow  his 
thoughts  yrof,  ffor  it  will  not  make  wp  what  I  have  debursed  by 
order  on  the  shyrcs  account.  Besyde  the  lands  off  Ballgornie  (?) 
are  walued  at  800  tbs  ster  qch  I  newer  received  ane  ffarthing  since 
my  entrie  and  cannot  pairtie  one  ym,  they  haveing  ane  warrand  ffrom 
the  Council!  prohibiting  the  samen.  I  am  sorie  I  cannot  comply  with 
youer  desyre  in  granteing  the  fforbearance  required,  so  that  it  were 
ffitt  youer  Ho.  sent  in  the  moe  this  night  or  to  morrows  morneing, 
ffor  yee  shall  not  want  pairties  ffor  bringing  the  samen  in  againe  to 
youer  hands ;  ffor  the  bearer  can  infforme  you  how  I  am  used  with  the 
comanders  of  the  pairtie,  who  will  have  the  money  haill  saill  this  night 
or  to  morrow  morneing  tymely  or  ffull  lists  off  defficents  equivalent  to 
this  last  terms  suplie,  qch,  if  the  heritors  wold  pey  pleasantly,  should 
not  be  long  resteing.  The  pairtie  that  went  out  last  night,  as  I  told 
youer  Ho.,  is  returned.  I  wish  God  that  bussines  were  done  away,  and 
that  youer  Ho.  were  at  Edr.  To  youer  anssr  I  am, 

Right  Hon", 
Youer  Ho.  werie  humble  ssrvant 

JA.  COCK. 

THE   COUNTY  COLLECTORSHIP,   1693. 

Whether  it  was  the  Duke  of  Gordon's  influence  that  excluded 
Burdsbank  from  being  County  Collector  of  Supply  or  not,  next  letter 
shows  that  Sir  James  Ogilvie  and  the  Laird  of  Grant  were  taking 
measures  in  January  1693  to  reinstate  him. 

For  the  Earle  of  ffindlater. 
MY  LORD  Edr.  14  Jary  1693. 

Your  Lop  knowes  that  ther  ware  verie  few  of  our  Comis- 
sioners  present  when  James  Cock  was  elected  Collector,  and  that  as  yet 


l66  RECORDS  OF  THE  COUNTY  OF  BANFF. 

he  hes  not  found  cautione,  and  therfor  it  is  verie  inconvenient  and 
dangerous  for  us  who  are  Comissioners  to  suffer  him  to  continu  any 
longer  to  be  our  Collector,  seing,  if  he  imbasile  the  publict  money,  we 
are  lyable  for  peyment  thereof  to  the  King.  Besyds  we  have  the 
experience  that  he  hes  no  interest  with  the  receavers,  and  that  therfor 
everie  terme  the  shyre  is  harassed  with  pairties,  and  particularlie  at 
Lambes  last  the  shyre  was  qwartered  upon  by  ane  wholl  and  inteir 
companie,  albeit  conformc  to  what  was  resting  by  the  shyre  the  pairtie 
should  not  have  exceidit  thretein.  We  therfor  intreat  that  your  Lop 
will  apoint  ane  meiting  and  convein  the  Comissioners,  and  in  the 
intimationes  to  intimat  that  the  meiting  is  for  choyseing  ane  Collector, 
and  we  doe  heirby  give  our  votes  for  Burdsbank  who  is  Collector  of  the 
Excyse,  and  who  we  know  hes  interest  heir  with  the  receavers;  but  it 
is  titt  that  he  give  sufficient  cautione  at  his  electione.  This  we  think 
will  be  conduceable  for  the  interest  of  the  shyre,  and  which  is  all  the 

present  truble  from, 

My  Lord, 

Your  Lops  most  faithfull  and  humble  servants 

JA.  OGILVIE. 
LUDOUICK  GRANTT. 

JAMES   BASKEN,   CLERK  OF   SUPPLY,   1693. 

Next  letter  shows  that  Captain  James  Basken,  County  Collector  in 
1653,  was  Clerk  of  Supply  in  1693:— 

For  the  Earlc  of  Findlater  thes  are. 

Banffe  July  3d  — 693. 
MY  NOBLE  LORD 

I  have  taken  the  freedomc  to  put  yor  Lo  in  mynd 
that  the  Lambes  terme  for  payment  of  the  suplie  is  approching,  and 
therfor  I  desyre  to  know  if  I  shall  send  forth  advertisments,  or  if  ther 
be  any  thing  to  be  added  or  deminished  of  what  was  payd  last.  Yor  Lo 
will  have  occasion  of  persons  coming  heir  to  morrow,  at  wch  tyme  I  will 
expect  yo1  comands,  wch  shal  be  readily  obeyd  by  him  who  (without 

reserve)  is, 

My  Noble  Lord, 

Yor  Los  most  obedient  servant 

J.  BASKEN. 


ARREARS  A>JD  QUARTERING  ON  THE  SHIRE.  167 

CLAIM  ON  JAMES   COCK  OF   ARREARS  OF  QUARTERING. 
To  Sr  James  Ogilvie  ther  Matie  Solicitor  at  Cullen. 

Peiterhead  Agust  26th  1693. 
h) 

Ther  is  ane  old  accompt  qch  hath  lyen  ower  thess  three  or 
four  yeirs  betuixt  one  Mr.  Trotter  who  was  a  corporall  of  myne  then, 
and  James  Cock  Colector  for  the  shyre  of  Bamf  qch  would  be  too 
tedious  to  trouble  vow  with  in  a  letter,  but  the  bearer  can  informe  yow 
of  it  sufficiently,  who  was  then  upon  that  party  with  Mr.  Trotter,  and 
is  now  a  sergant  in  my  troop  of  dragoones.  My  qwartermasters  not 
receaving  up  the  receapts  when  the  qwarters  were  payed  was  the 
occassion  of  Mr.  Trotters  not  delyvering  up  the  precept  and  receaveing 
his  qwartering  money  due  to  him,  qch  had  bein  absolutely  forgot,  if  Mr. 
Cock  had  not  bein  so  kynd  to  have  applyed  to  the  Theasuric  without 
accqwainting  me  in  the  least  and  receaved  34  tbs  Scots  of  my  arriers. 
Though  I  think  I  have  sufficient  grownd  to  order  qwartering  yet  hearing 
that  yow  are  upon  the  place  I  choosed  rather  to  refer  it  absolutely  to 
your  self,  hopeing  that  ye  will  sec  both  my  troop  and  the  toune  of 
Bamf  have  satisfaction  of  Mr.  Cock.  I  shall  add  no  more  but  my 
service  to  my  Lord  and  the  whole  familly,  and  that  I  am. 

Sr, 
your  most  humble  servant 

PATR  HUME. 

COUNTY  PROVISION  OF  FORAGE  ETC.  FOR  ARMY. 

The  two  next  letters  detail  the  questionable  methods  resorted  to  by 
the  Commissary  General  of  Scotland  to  provide  forage  and  provisions 
for  the  Scots  army  and  the  measures  taken  for  their  redress.  The 
County  Commissioners  of  Supply  had  duties  in  connexion  with  the 
procedure,  and  the  letters  are  given  on  that  account.  The  attempt  to 
square  Sir  James  Ogilvie,  if  he  got  the  Commissioners  to  agree  to 
the  proposals  made,  is  interesting  as  an  ordinary  feature  of  the  period. 

For  the  Right  Honorable  Sr  James  Ogilvie  of  Church-hill 
ther  Maties  Solicitar.1 

Right  Honorable, — Beeing  this  day  in  company  w<  Wm  Livingstoune, 
who  is  comissary  appoynted  ffor  furnishing  the  dragouns  corn  and  strae 
1  Seafield  Correspondence  (Scot.   Hist.  Socy.),  pp.   122-4. 


l68  RECORDS   OF   THE    COUNTY   OF    BANFF. 

ffor  ther  horses,  I  understand  that  some  troups  are  lyk  to  ly  in  your 
shyre,  and  I  beleive  my  brother  as  on  of  his  deputs  will  be  sent  ther 
to  order  the  magazins.  Thos  that  have  been  ffurnishing  vyr  magazins 
have  great  dificulty  in  getting  them  made  up  ;  some  beeing  unwilling  to 
sell  althoe  vpon  ready  money,  and  vyrs  who  will  sell  will  not  cary  the 
corn  and  strae  to  the  magazin,  becaus  ther  is  32  ston  of  strae  to  be 
provyded  ffor  each  boll  of  corn,  qch  hes  occasioned  some  complaints 
(both  on  the  souldiers  part  and  the  countries)  to  the  Counsell,  who 
have  ordered  letters  to  be  direct  to  all  the  shyres  recomending  to  the 
Shiriffs  to  nottice  that  the  provisione  to  the  fforces  be  sold  at  the 
current  rates,  and  (if  any  refuise)  to  give  acco1  of  the  recusants  to  the 
Counsell.  But  its  thought  that  this  will  be  still  uneasie,  and  therfor 
the  comissarie  is  to  use  the  indeavors  in  the  severall  shyres  wher  the 
troups  lyes  to  get  the  gentlemen  to  condiscend  to  a  voluntar  localetie. 
This  is  already  done  in  Merns,  and  I  beleiv  will  be  thorowed  in  the 
shyre  of  Aberdeen ;  ffor  they  considering  that  troups  will  ly  ther  and 
that  they  must  be  ffurnished,  they  think  it  mor  equall  to  consent  that 
each  should  bear  a  part  of  the  burden,  then  that  those  nixt  adjacent  to 
thos  places  wher  troups  may  be  quartered  should  bear  the  wholl,  ffor 
no  doubt  wher  provision  is  it  must  be  sold  at  adequat  pryces.  And  as 
to  the  cariage,  albeit  they  knew  that  the}-  wer  not  oblidged  to  cary,  yet 
they  considered  that,  if  the  souldiers  should  cary  yr  own  fforage  ffrom 
the  place  it  wes  bought  at,  they  might  oppress  ther  tennts  wl  great 
measure  of  oats  and  greater  quanteties  of  straw  then  is  allowed,  and 
albeit  the  oats  and  strae  wold  be  payed  by  the  commissarie,  yet  they 
might  fforce  ther  dyet  gratis,  and  evin  mak  the  tennts  glad  not  to 
complein.  So  they  rather  thought  convenient  that  ther  tennts  should 
cary  eight  or  ten  myles  to  each  magazin,  and  receave  ther  pay'  ffrom 
the  comissarie  deput  vpon  delivery,  then  to  have  anything  to  doe  with 
the  souldiers.  As  this  will  be  a  great  ease  and  advantage  to  the 
comissarie,  so  it  will  be  little  trouble  to  the  countrie.  And  if  this 
could  be  thorowed  in  your  shyre  of  Bamff,  Mr.  Livingstoun  wold 
use  all  his  indeavors  that  your  interest  should  be  als  ffree  as 
posible.  Sr,  he  is  convinced  this  is  in  your  power,  and  your  influence 
on  the  comissioners  and  interest  in  the  shyre  will  cary  any  thing  that 
will  not  wrong  them.  He  tells  me  ther  may  be  two  troups  only  ther; 
but  if  the  shyre  consent  to  a  localetie  they  must  cast  on  als  much  mor 


COUNTY    PROVISION    OF   FORAGE    FOR   ARMY.  169 

as  serve  transient  quarters,  qch  superplus  may  be  applyed  ffor  releiff  of 
your  interest  if  the  teiints  think  a  trouble  to  cary.  As  ffor  the  pryce  it 
will  be  payed  immediately  vpon  recept  at  the  rate  the  comissioners 
setts  vpon  it,  qch  in  Merns  is  4tb  ffor  each  boll  of  corn  and  32  ston  of 
strae  conform,  qch  is  verie  cheap.  Hovever  he  will  pay  such  reasonable 
rates  as  the  comissioners  in  your  shyre  will  appoynt.  And  in  respect 
yo\v  will  be  both  at  trouble  and  expence  in  calling  and  attending  thes 
meetings  of  comissioners,  that  may  meet  theranent,  Mr.  Livingstoune 
is  resolved  (if  the  localetie  be  thorowed)  not  only  to  ease  your  interest 
all  he  can  (in  case  they  think  it  a  trouble),  but  will  give  yow  any 
gelding  yow  ffancie  to  the  value  of  twenty  guineys,  and  tho  yow  ft'ancie 
on  worth  ffyve  mor  he  will  not  complean,  but  will  think  all  verit-  \\eell 
bestovv'd.  Mr.  Livingstoune  is  a  ffreind  of  the  Major  Generalls,  and  a 
verie  good  ffreend  of  myn ;  and  what  ffavor  and  kyndness  ye  show 
him  in  this  affair  will  oblidg  him  to  a  suteable  resentment.  I  humbly 
beg  pardone  ffor  useing  this  ffredome,  but  the  many  obligations  I  still 
meet  with  on  all  occasions  imboldens  me  to  mak  addresses  ffor  my 
ffreends,  qch  I  presum  will  not  be  misconstructed,  seeing  it  is  ffrom  on 
who  will  be  ever  bound  to  acknowledg  himself,  Right  Hono",  your  most 
oblidged  and  humble  serv1  WM  BLACK. 

Edr.,  8th  Septer  1693. 

Sr, — If  thes  can  be  done,  I  intreat  ane  acco1  by  the  nixt,  becaus 
ther  must  be  provisione  laid  in  befor  the  troups  march  ;  and  if  ye  could 
gett  the  shyre  oblidged  to  cary  to  any  place  (tho  without  the  shyr)  at 
ten  myls  distence,  it  wold  be  som  advantage,  becaus  perhaps  half  a 
troup  may  ly  at  Turreff,  qch  I  judg  is  in  Abd  shyre. 

For  Sir  James  Ogilvie,  Advocat,  their  Maties  Solicitor  and 
Shirreff  Depute1  of  Bamff-shire  these.2 

Edr  I5th  Decemr:   1693. 

Sir, — Whereas  their  Matics  for  the  good  and  ease  of  their  subjects 
have  authorized  us,  and  wee  have  agreed  with  a  comissary  general!, 
who  is  obleidged  to  provyde  all  their  Maties  horse  and  dragoones  both 
in  locall  and  transient  quarters  with  grass  straw  and  oats  upon  the 
terms  and  allowances  contained  in  that  contract,  yet  his  Malie  being 
informed  that  in  many  places  the  comissary  and  his  deputes  had  not 

•Mistake  for  Sheriff  Principal.          *  Scafield  Correspondence  (Scot.   Hist.   Socy.),  pp.   128-9. 

W 


170  RECORDS   OF   THE    COUNTY    OF    BANFF. 

made  provisions  accordingly,  hot  that  the  former  abuses  still  continued, 
by  the  troopes  being  quartered  upon  the  country  and  demanding 
localities  and  provisions  to  be  carved  to  them,  which  his  Matie  is  firmly 
resolved  to  have  redressed :  Therefore  he  hath  comanded  us  to  enquyre 
into  the  matter,  and  to  obleidge  the  comissary  and  his  partners  to  the 
punctual!  performance  of  their  dueties  by  registrateing  of  their  contract 
and  exacting  the  penalty,  and  that  wee  see  reparation  made  to  the 
country,  where  they  have  suffered  by  being  obleidged  to  furnish  or  cary, 
or  where  they  have  not  received  payment  for  what  they  furnished. 
Therefore  wee  desire  that  with  all  convenient  diligence  (after  receipt  of 
this)  vow  may  conveen  the  comissioners  of  supply  of  yor  shire,  and 
communicat  this  our  letter  to  them,  that  we  may  know  from  them  and 
yow,  how  the  troopes  have  been  quartered  in  yor  shire,  since  our 
contract  with  S1  Alex1.  Bruce  of  Broomhall  (which  wes  in  May  last) 
have  been  provyded,  and  in  what  manner  it  is  done  at  present ;  that  in 
caice  the  comissaries  have  failed  in  their  parts,  or  that  punctuall 
payment  hes  not  been  made  to  any  of  yor  shire,  who  have  suffered  by 
haveing  souldiers  quartered  on  them,  or  they  obleidged  to  provyde  or 
cary  straw  or  oats,  or  who  have  not  received  payment  therefore.  This 
being  of  so  universall  good  to  the  nation,  and  consequently  to  yor 
shire  in  particular,  wee  doubt  not  bot  that  both  the  comissioners  of  the 
supply  and  yow  will  take  care  to  return  us  a  full  and  speed)-  account  of 
this  matter.  Wee  are  yor  affectionat  ffreinds 

TWEEDALE  Cancel. 

LlNLITHGOW. 

RAITH. 

Endorsed  15  Deer.  1693.  Letter  written  by  the  Comssrs  of  the 
Thesrie  anent  the  Comssrs  of  the  arme. 

FOOT  LEVY,  1693. 

On  23rd  May  1693,  Parliament  sanctioned  a  levy  of  2979  foot 
soldiers.  There  was  much  difficulty  in  raising  the  quotas  in  the  various 
counties,  as  the  letters  of  gth  January  and  4th  May,  both  1694,  show. 
Mr.  Grant,1  mentioned  by  the  laird  of  Troup,  was  Mr.  Alexander 
Grant,  Sheriff  Clerk  of  Elgin,  and  about  this  time  tacksman  of  the 
Excise  in  Banffshire  and  the  north.  James  Steuart  of  Coltness  was 
Lord  Advocate  of  Scotland. 

'  See  Note,  page  59. 


FOOT  LEVY  OF   1693.  171 

For  the  Earl  of  Findlater 

Barnff  Jary  g  1694. 
MY  LORD 

Just  as  I  wes  taking  horss  heer,  the  bearer  cam  from 
Troup  to  me  shewing  that  ....  my  goodfayr  ues  desyrous  I 
should  see  him  wl  all  speed  I  could,  he  being  to  stay  at  Troup  till  my 
return,  and  that  he  ues  stratned  u'  tym.  But  altho  the  effair  I  hav  u' 
him  be  prettie  considerable  I  wold  hav  waited  on  your  Lo  this  day,  but 
it  will  be  to  no  purpose,  for  I  understood  at  Bamff  that  this  days 
meeting  is  sualled  up  in  that  qch  the  Councell  hath  apoynted  the  3d 
Tusday  of  this  inst  for  the  entriy  of  the  foot  levic ;  houever  if  I  had 
not  been  called  back  I  wold  this  day  hav  givn  your  Lo  accompt  how 
uneffectuall  my  last  days  atendanc  at  Bamff  ues,  and  hav  givn  your  Lo 
the  stated  accompt  tuixt  the  shyr  and  Mr  Grant1;  for  I  wold  desyr  to 
receiv  your  Lo  commands,  not  onlie  in  that  but  anie  thing  else  of  the 
publict  concern  of  the  shyr  that  I  hav  anic  shadow  of  intermedling  in. 
Thus  ceasing  to  giv  your  Lo  anie  further  trouble  at  present,  I  giv  my 
most  heartie  servic  to  your  Lo  and  all  your  nobl  familie,  and  humblie 
begs  your  Lo  pardon,  I  could  not  attend  the  apoyntmcnt  this  day. 
I  am,  My  Lord, 

Your  Lordships  most  obedient  and  humble  serv' 

ALEXK  GAIRDNE. 

For  the  Shirriff  Ueputs  of   Banff  or  to  the  Shirriff  Clerk  or  his 
Deputs,  for  ther  Majesties  special  service,  Banff.2 

Edr  4  May  1694. 
MUCH  HONOURED 

There  was  sent  to  you  bcfor  by  the  Councils  order  a 
letter  from  me  containing  what  they  ordered  anent  the  bringing  up  of 
deficients  in  the  late  levie  to  Stirlin  upon  ye  eight  instant,  and  to 
Glasgow  on  the  tuentie-ffourth  of  Aprile  last.  What  performance  will 
be  made  at  Stirlin  cannot  be  knowen  till  yc  day  pass.  But  least  it  be 
not  better  then  that  at  Glasgow,  and  to  correct  what  was  wanting  there, 
these  are  to  desyre  you  to  send  a  particular  list  of  the  men  delivered 
in  your  shyre,  and  to  whom,  as  also  a  particular  list  of  the  deficients,  I 

'See  Note,  page  59. 

"Seafield  Correspondence  (Scot.  Hist.  Socy.),  p.  145. 


172  RECORDS   OF   THE   COUNTY   OF    BANFF. 

mean  of  the  number  of  men  and  of  the  names  of  the  heritors  deficient, 
and  that  you  doe  your  outmost  to  have  the  deficients  sent  up  to  the 
forsds  places,  and  to  the  commanding  officers  there  readie  to  receive 
them.  And  this  account  is  demanded  that  it  may  be  compared  with 
the  officers  lists,  and  that  such  as  are  still  wilfullie  deficient  may  be 
duelie  compelled,  as  they  may  expect  to  be  with  all  rigor.  And 
this  being  so  necessary  for  the  publict  service  your  answer  is  expected 
without  faill,  for  if  ye  failzie  yrin,  you  and  the  heritors  concerned 
may  receive  a  more  peremptorie  charge,  which  will  not  be  so  satisfieing 
either  to  you  or  to,  Sir,  Your  most  humble  servant, 

JA.   STEUART. 

This  letter  being  sent  to  all  the  Shirriffs  of  Scotland,  pray  fail  not 
to  send  a  recept  yrof  by  the  bearer. 

MEETING  OF  THE  SHIRE,  I4TH  JANUARY,  1695. 
For  the  Rgt  Ho"  the  Earl  of  Findlater 

Troup  Jary  14  1695. 
MY  LORD 

The  advertisment  of  this  dayes  meeting  of  the  shyr  is  so 
short  that  its  impossible  I  could  shift  my  self  horses  to  attend  it, 
having  tuo  of  my  ryding  horses  at  Abdn  :  uherfor  I  humble  beg  your 
Lo  excus  me.  I  hav  sent  an  exact  list,  qch  I  will  be  ansurabl  for,  of 
all  resting  my  land,  and  som  oyrs  w'in  the  parochion  of  Gamrie.  To 
my  land  tlier  is  tuentie  four  bols  and  an  half,  Melross  fyv  bols, 
and  Gogars  pairt  of  Doun  four  bols  on  firlot  on  peck,  in  all  33  bols 
3  tir  i  peck.  The  particulars  wil  verie  plainlie  apear  by  the  list  itself, 
<]ch  I  intreat  your  Lo  be  pleased  to  cause  look  upon,  if  anie  thing 
effectuall  be  doeing.  I  earnestlie  beg  your  Lo  pardon  for  this  trouble. 
I  am,  My  Lord, 

Your  Lo  most  humbl  and  obliged  ser 

ALEXR  GAIRDNE. 

THE  COUNTESS  MARISCHAL  AND  OTHERS  AND  THE  COLLECTORS 
OF  EXCISE  FROM  BREWERS. 

George,  eighth  Earl  Marischal,1  who  died  towards  the  end  of  March 
1694,  was   succeeded   by  William,  ninth   Earl,  who  c.    1690  married 

'  Scafield  Correspondence  (Scot.  Hist.  Socy.),  p.   133. 


THE  COUNTESS  MARISCHAL  AND  THE  COLLECTORS  OF  EXCISE.       173 

Marie  Drummond,  eldest  daughter  of  James  fourth  Earl  of  Perth. 
An  ardent  Jacobite  and  poet,  who  wrote  the  pathetic  yet  exultant  song 
of  "  The  King  comes  o'er  the  water,"  she  ruled  her  husband  and 
moulded  the  lives  of  her  two  sons,  who  were  attainted  after  the  Fifteen, 
the  last  Earl  Marischal  who  headed  the  ill-starred  Glenshiel  rising  in 
1719,  and  Field  Marshal  James  Keith,  soldier  of  fortune,  who  fell  in 
the  Prussian  service  on  the  stricken  field  of  Hochkirchen,  far  from 
bonnie  Inverugie.  Next  letter  shows  that  Lady  Marischal  could  check 
abuses  and  look  after  the  interests  of  her  husband's  tenants.  Three 
letters  following  thereon  also  criticise  and  deal  with  the  procedure  of 
the  Collectors  of  Excise  and  the  County  Commissioners  animadverted 
on  by  the  Countess  Marischal : — 

For  the  Right  Honourable  the  Earle  off  Findlater  this. 

Inverugie  March  iith  1695. 
Mv  LORD 

I  am  necessitate  to  trouble  your  Lo.  in  behalfe  of  some 
of  my  servants  brewers  in  the  parochine  of  St.  Fergus,  who  arc  very 
unjustlie  used  be  the  tacksmen  of  the  additionall  excyse  and  there 
deputs,  who  as  I  am  informed  decline  to  adhere  to  what  paction  they 
alreadie  made  with  the  brewers  for  the  tymes  past  and  to  come  dureing 
there  tackes,  and  lykewayes  reject  the  discharges  formerlie  given  them, 
which  I  hope  your  Lo  will  obleidge  the  Commissioners  of  the  Shair  to 
notice  and  redress,  that  my  people  be  not  wronged  beyond  others  who 
are  in  there  circumstances,  and  it  will  be  a  favour  done  to, 

My  Lord, 
Your  Los.  most  humble  servant  and  affectionat  cussine, 

MARIE  MARISCHALL. 

For  the  Earle  oft"  Findlater  these. 
MY  LORD 

In  the  Laird  of  Grant  his  absence,  I  have  presumed  to 

sollicit  yo  Lo  anent  the  bearer  hereof  Alexr  Muggach  his  tenent  who 
is  ane  brewer,  and  injured  by  the  Collectors  of  Excyse  (as  himself  will 
inform).  Therefor  I  humblie  intreat  y°  Lops  favor  herein,  which 
shall  be  sincerely  represented  to  Grant  by, 

My  Lord, 

Your  Lops  most  oblisdged  and  obsequious  servant 
Achmades2  19  March  1695.  WILL  BAILZIE.  ' 

'  Chamberlain  to  the  Laird  of  Grant.          *  In  Boharm  Parish.     See  page  99. 


174  RECORDS  OF  THE  COUNTY  OF  BANFF. 

ffor  the  Earle  of  ffindlater  these. 
MY  LORD 

I  understand  sine  I  cam  heir  that  John  Grant  hes  granted 
som  tacks  and  made  collections  after  his  commission  was  dischairged. 
As  for  the  granting  of  tacks  yr  is  noe  sutch  pouer  given  him ;  and  the 
pouer  of  collection  was  to  him  and  Allan  Gaudie  conjunctlie  not 
separatlie,  so  that  he  had  noe  pouer  without  his  conjunct,  and  I  cannot 
oun  anie  thing  he  hes  done  fraudulentlie,  yet  I  am  willing  to  allow  all 
the  money  was  payed  to  him  by  anie  of  the  breuars,  but  if  he  granted 
discharges  upon  receipt  of  the  half  or  third  prt  of  the  quota  reallie 
dew,  I  hop  law  nor  reason  will  obleidg  me  and  my  prtners  to  that  losse. 
And  now  the  shyr  being  in  nonentrie,  I  am  willing  to  make  noe  further 
use  of  it  then  that  every  bruer  reallie  pay  acording  to  his  quota  from 
the  beginning,  allowing  what  is  alreadie  payed.  And  I  humblie  desyr 
your  Lo  concurrance  to  Peter  Sanders  that  the  breuars  may  not 
ocasion  trouble  to  ymselvs  by  quartering,  qch  he  is  ordered  to  doe  if 
they  be  refractorie  to  that  qch  is  both  fair  and  just  on  the  mater.  The 
burden  is  heavie,  but  wee  that  collect  it  cannot  bear  the  blame.  I  beg 
your  Lo  pardon  for  this  trouble,  and  am, 

My  Lord, 
Your  Lo  most  humble  serv1 

AD  GORDON. 
25  Febr  1695 

ffor  the  Earle  of  ffinlater  these. 
MY  LORD 

My  pairtners  and  I  are  informed  of  hard  usadg  uee  have 
mett  w'  in  Bamff  shyre.  Wee  never  proposed  to  seek  from  the  breuers 
ther,  but  as  uee  sought  and  gott  through  the  wholl  kyngdom.  Att  our 
first  entrie  Kelburn  and  I  took  out  dects.  of  nonentrie  subd  be  ourselvs 
and  Comissioners  agt  the  wholl  shyr,  and  apoynted  Jo"  Grant  and  Allan 
Gaudie  to  collect  and  dischairg  (conlie  but  not  severallie)  in  how  far 
they  would  receave,  and  to  give  onlie  recepts  till  acompt,  qch  they 
observed.  When  I  returned  again  to  the  shyr,  I  took  out  dects.  of 
nonentrie,  and  upon  informa°ne  of  John  Grant  his  unfittnes  for  that 
imploy'  uee  recalled  after  the  collection  of  the  first  fyve  month  Allan 
Gaudie  that  ther  comission  my1  end,  and  sent  for  Jo"  Grant  south,  who 
in  his  way  did  collect  ane  quarter,  and  to  facilitat  his  collection  (knowing 


COLLECTORS    OF    EXCISE    FROM    BREWERS.  175 

he  had  noe  pouer  be  himself)  he  discharges  most  of  all  the  breuars,  and 
gave  tacks  to  severalls.  Our  directions  uere  to  collect  as  mutch  as  the 
oyr  excyse,  but  his  dischairges  and  tacks  are  given  for  the  on  half,  and 
to  som  for  the  3d  prt.  The  breuars  uere  cheating  Jo"  Grant,  and  he 
cheated  them ;  becaus  he  had  noe  ry<  to  collect.  As  the  old  proverb, 
the  greedie  and  the  false  uere  ueil  mett,  for  his  comission  is  evidence 
enough  that  he  never  had  pouer  be  himself  to  collect  or  att  all.  Neyr 
he  nor  his  conjunct  could  grant  tacks  or  dischairg  but  what  they 
receaved  in  wholl  or  in  pairt  conform  to  ther  commission.  And  sine 
that  tyme  Baillie  Sanders  hes  recovered  dects.  of  nonentrie  subd  be 
Comissioners  for  a  wholl  yeir,  from  Feb'.  94  till  Feb1'.  95,  and  uee 
never  designed  to  make  anie  further  use  of  our  dects.  of  nonentrie 
but  the  payt  of  the  quota  of  the  shyr,  and  recover  the  tacks  uere  putt 
on  us  by  Birdsbank  and  J°"  Grant.  I  beleive  it  may  be  proven  befor 
your  Lo  and  the  Comissioners  that  Birdsbank  hes  been  the  checf 
instrument  of  all  this  trouble  by  his  stirring  up  the  breuars  to  conceal 
ther  duties  to  him  and  his  granting  double  tacks  or  discharges,  yea  his 
boasting  that  he  is  ane  hundreth  pound  sterling  out  of  our  way.  It 
seems  he  values  himself  in  putting  fyr  among  the  pitchers,  qch  is  a 
dishonerable  uncristian  practise,  and  may  somtime  burn  his  fingerends. 
My  Lord  I  am  ashamed  to  be  thus  tedious  and  troublesom,  and  my 
pairtners  and  I  humblie  intreat  your  Lo  would  call  the  Comissioners, 
and  that  our  Collector  may  gett  concurrance  to  raise  that  pairt  of  the 
subsidie  conform  to  law.  Ther  is  nothing  demanded  but  what  is  legall 
and  practicable  in  the  wholl  kingdom,  uee  are  secured  by  our  seall 
dects.  of  nonentrie.  Fraud  is  unfavourable.  If  anie  of  the  partners 
or  I  uere  pnt  uee  could  fullie  refer  this  wholl  mater  to  your  Lo  or  anie 
reasonable  man,  and  beg  the  law  may  not  be  stretched  to  wrong  us. 
The  recalling  our  parties  quartering  on  dects.  of  nonentrie  is  illegal!. 
To  make  our  excyse  anie  oyr  quota  then  3d  the  pint,  or  to  make  it  lesse 
then  the  oyr  excyse  is  the  work  of  the  Parliament.  What  was  don  at 
Aberdeen  was  disouned.  If  Sr  James  Ogilvie  had  com  doun  he  would 
have  informed  the  Comissioners,  and  uee  shall  be  uery  loath  to  com  to 
a  publict  hearing,  and  beg  your  Lo  may  prevent  it  by  causing  doe  us 
justice.  Wee  are  informed  Birdsbank  acts  as  Comisr  agt  us,  qch  I 
most  say  is  impudence  enough  in  him  to  be  judg  and  partie;  and  uere 
it  not  the  honnour  and  respect  uee  ow  your  Lo  and  oyr  Hontt 


176  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Gentlemen  who  have  proceided  by  misinforma°ne  agt  us,  and  that  uee 
are  desyrous  to  beg  our  peace,  far  rayr  then  trouble  oyrs  and  ourselvs, 
uee  would  have  endevoured  to  be  at  the  bottom  of  that  affair  ere  now. 
My  partners  give  ther  humble  dutie  to  your  Lo,  and  I  am, 

My  Lord, 
Your  Lo  most  humble  and  affectionat  servt 

AD  GORDON. 
8  Apr  1695. 

Six  MONTHS'  SUPPLY,  1695. 

On  aoth  June  1695,  a  six  months'  supply  of  £432,000  Scots  was 
granted,1  and  the  Commissioners  appointed  in  1690  so  far  as  they  had 
qualified  were  continued  to  order  and  uplift  the  cess.  Commissioners 
were  added  for  most  of  the  counties  in  Scotland,  but  no  new  ones  were 
added  for  Banffshire. 

COUNTY  PROVISION  OF  FORAGE  ETC.  FOR  ARMY. 
On  3Oth  November  1695,  a  party  of  dragoons,  according  to  the 
Burgh  Minutes,  came  to  Cullen  for  local  quarters,  and  the  inhabitants 
were  ordered  by  the  Town  Council  to  assist  with  quarters  the  next 
month.  Geo.  Wisheart,  writing  from  Banff  to  the  Earl  of  Findlater, 
Convener  of  the  County,  invited  him  to  get  the  Commissioners  of 
Supply  to  carry  to  them  the  forage,  etc.,  of  the  troops  quartered  in  the 
county.  The  letters  of  8th  September  and  15th  December  1693,  given 
before,  should  be  compared  with  the  following  letter  from  Wisheart: — 

MY  LORD 

I  hear  yor  Lo.  hes  been  pleased  to  call  a  meeting  of  the 

Comissioners  of  the  shyre,  and  to  take  into  yor  consideration  whither 
the  countrey  will  give  assistance  or  not  in  carrying  in  the  provision  of 
forrage  the  Comissars  doe  buy  for  the  troop  qrtered  in  this  shyre.  It 
hes  been  allways  my  care  to  keep  a  good  understanding  betwixt  the 
countrey  and  those  troops  I  am  concerned  in  ;  and  I  hope  nothing 
shall  fall  out  now  to  the  contrary.  I  only  beg  pardon  to  represent  to 
yor  Lo.,  that  in  case  the  troop  run  short,  and  that  the  Comissars  faill 
in  yr  conditions,  yet  provisions  most  be  had,  for  the  troop  most  not 
break  nor  cannot  starve ;  and  if  we  come  to  want  then  wee  most  light 
upon  the  neerest  and  lett  the  Comissars  answer  for  the  dammage,  for  I 
make  no  question  but  the  main  reasone  why  the  Privy  Councill  does 
not  obleidge  the  dragoons  to  carry  their  owen  forrage  is  to  prevent  too 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   IX.,  pp.   371-6. 


MILITIA    LEVY    OF    1696.  177 

many  abusses  comitted  by  them  qn  sett  out  into  the  countrey,  qch 
never  comes  to  the  officers  knouledge,  and  yrfor  are  not  redressed. 
The  Comissars  are  obleiged  to  delyver  it  to  us  at  our  qrters,  but  they 
have  ane  ill  bargain  of  it  this  yeer,  they  being  obleiged  to  furnish  us 
the  boll  of  oats  and  32  ston  of  straw  yrto  at  5''''  14**  8d  scots,  so  it  is  of 
yor  Lo.  and  the  Comissioners  owen  good  will  to  help  them  or  not ;  but 
in  giveing  them  the  help  and  assistance  in  carriage  yo1'  Lo.  and  the 
Gentlemen  of  the  shyre  will  occasion  the  troop  to  be  well  provyded,  and 
yrby  prevent  any  irregularitys  and  disorders  qch  may  fall  out,  if  the 
troop  shall  be  in  want ;  ffor  tho  I  should  plead  for  no  favour  to  the 
CSmissars,  yet  seeing  the  good  of  such  a  favour  will  tend  both  to  the 
benefit  of  the  troop  and  countrey,  I  doe  therfore  with  the  more  freedom 
beg  yo1'  Lo.  and  the  Gentlemens  favour  and  assistance  in  this  matter. 

I  had  waited  on  yor  Lo.,  but  am  obleidged  to  keep  ane  appoynt- 
ment  I  have  at  the  Gary1  on  Munday  next,  qch  I  hear  is  the  day  of  yo1 
Lo.  and  the  Comissioners  meeting. 

I  beg  pardon  for  this  trouble,  and  desyres  yo1  Lo.  will  believe  I  am, 

My   Lord, 

Yor  Lo.  obedient  and  most  humble  serv1 
GEO.    WISHEART. 

Bamff  21  Decer  1695. 

MILITIA  LEVY,  1696. 

Writing2  on  ist  April  1696,  the  Depute  Clerk  of  the  Privy  Council, 
John  Anderson,  informed  the  Earl  of  Findlater  that  the  heritors  in 
Edinburgh  "  are  bussie  proportioning  and  putting  out  ther  quotas  of 
the  1000  men  for  the  newe  levie."  Next  letter  from  the  Clerk  to  the 
Commissioners  of  Supply  deals  with  the  quota  from  Banffshire,  and 
may  be  compared  with  the  Minute  of  said  Commissioners  of  6th 
January  1697. 

For  the  Earle  of  Findlater  these. 
MY  NOBLE  LORD 

I  am  apprehensive  the  Comrs  hath  laid  on  the  shyre  on 

man  more  then  wil  be  due.     Ther  was  indeed  a   fraction  from   this 

shyre  but  it  seemes  the  shyre  of  Abd  hath  taken  it  on  themselves,  as 

yor  Lo   will  perceave  be  the  inclosed  from  George  Patton,  \vch  is  in 

1  Garioch,  Aberdeenshire.  *  Sea6cld  Correspondence  (Scot.  Hist.  Socy.),  p.   190. 

X 


178  RECORDS    OF   THE    COUNTY   OF    BANFF. 

ansr  to  a  lyne  I  sent  him  anent  that  effair.  I  have  given  yor  Lo  the 
trouble  of  this  lyne  for  yor  advyce  how  this  man  shal  be  disposed  of, 
since  the  rolls  cannot  be  altered  and  the  officers  heir  are  calling  for  the 
list  of  the  leaders.  What  yor  Lo  orders  to  doe  in  this  shall  be 

obeyed  by, 

My  Noble  Lord, 

Yor  Los  most  obedient  servant 

J.   BASKEN. 
Banffe  Apryll  nth  1696. 

THE  SUPPLY  OF  1696. 
For  the  Earle  of  Findlater  these. 

MY  NOBLE  LORD 

Birdsbank  shew  me  the  act  of  Parl1  for  the  suply,  vvch 
he  hath  caried  to  yor  Lo.  I  shall  wait  yor  order,  and  in  the  meane 
tyme  I  shal  be  preparing  advertisments  and  bearers,  and  shall  leave  the 
day  blanck  till  yo1  Lo  appoynt  the  tyme.  So  intreating  yor  Lo  to 
hast  a  bearer  I  shall  add  no  more,  but  according  to  my  bound  duty 
subscryvc  my  selfe, 

My  Noble  Lord, 

Yor  Los  most  obedient  serv1 

J.   BASKEN. 
Banffe  October  27  1696. 

MINUTE  BOOK  OF  COMMISSIONERS  OF  SUPPLY,  1696. 

The  meeting  was  duly  called  for  loth  November  1696 ;  and  on  that 
date  the  regular  Minutes  of  the  County  Commissioners  of  Supply 
commence,  and  the  history  of  Banff  county  government  is  thence- 
forward fully  detailed.  A  few  older  particulars  of  county  adminis- 
tration contained  in  the  Book  of  the  Freeholders  of  the  county, 
in  connexion  with  the  management  of  roads,  the  restraint  of 
masterful  beggars,  etc.,  have  been  given  in  the  preceding  chapter. 
Further  research  ma}'  discover  other  unbound  minutes  of  county 
meetings,  and  more  domestic  letters  throwing  light  on  county 
government  than  those  given  in  this  chapter.  It  is,  however, 
practically  certain  that  no  older  bound  volume  of  minutes  will  be 
found,  because  when  "John  Donaldsone,  former  Clerk  of  Supply," 


MINUTE    OF   COMMISSIONERS   OF   SUPPLY,    1696.  179 

compeired  before  the  Commissioners  on  3ist  January  1706,  it  is 
minuted  that  he  gave  up  to  the  new  clerk  "  the  former  sederunts  of 
the  sds  Commyrs  beginning  tenth  November  1696,  consisting  of  ffourty 
and  seven  leaves  whereof  one  blank."  The  minutes  of  the  county 
after  1696  detail  the  evolution  of  county  government  in  its  ever 
widening  phases,  and  show  its  many  and  inevitable  interactions  with 
national  or  central  rule.  The  minutes  readily  explain  themselves,  and 
only  the  aid  of  an  occasional  explanation  or  historical  note  is  given. 
The  minute  of  1696,  besides  dealing  with  the  imposition  of  the  cess 
and  the  appointment  of  the  former  Clerk  and  Collector,  provides  for 
the  salary  of  the  public  post. 


MINUTE  OF  loth  NOVEMBER  1696,  IMPOSING  THE  CESS. 

ATT  ffordyce  the  tenth  day  of  November  Jajvj&  and  foure  scoir 
sixtein  yeires.  Sederunt  of  the  Comissioners  of  Supply  of  the 
shyre  of  Banff  viz. : 

The  Earle  of  ffindlater,  the  Laird  of  Hirkenboig,  the  Laird  of  Troup, 
the  Laird  of  Wastertoun,  Arindillie,  Colleynard,  Burdsbank  and  Arncbath. 

Who  all  choised  the  Earle  of  ffindlater  preses,  and  by  his  Lop  it 
being  exposed  to  the  Comissioners  that  the  present  meiteing  was  for 
setleing  the  eightein  monethes  cess  imposed  by  the  late  act  of  Parliat 
25th  of  September  last  past,  and  for  choiseing  their  Clerk  and  Collector 
for  the  said  supply,  they  all  in  one  voice  did  elect  nominat  and  choise 
George  Leslie  of  Burdsbank  their  former  Collector  to  be  their  Collector 
of  the  said  eightein  monethes  supply  and  James  Baskein  their  former 
Clerk  to  be  their  Clerk  dureing  the  heall  tearme  of  the  said  supply,  and 
they  have  proportioned  for  the  nixt  Mertimes  tearme  with  Clerk  and 
Collector  fies  to  thrattie  shillinges  and  eight  pennies  Scots  moncthlie 
on  each  hundreth  pounds  valued  rent  of  79200  Ib.  valued  rent  of  the 
shyre  ffor  the  said  one  tearme  of  Mertimes  nixt  to  come,  with  this  nota 
that  for  subsequent  tearme  anent  the  800  Ib.  deductione  anent  the 
bridge  of  Done  the  Earle  of  ffindlater  the  Lord  Boynd  and  laird  of 
Troup  are  to  speak  to  Bracco  anent  it  and  to  report  to  the  Comissioners 
nixt  meiting  whither  the  sd  800  Ib.  diminutione  shall  be  yrefter  allowed 
or  not :  And  ordeines  the  Collector  to  proportione  the  cess  of  the  first 
tuo  monethes  payable  at  the  sd  nixt  tearme  of  Mertimes  at  the  rate  of 
thrattie  shillings  and  eight  pennies  Scots  for  the  said  tearme,  and  to 


180  RECORDS  OF  THE  COUNTY  OF  BANFF. 

uplift  the  same  proportionallie  and  out  of  the  first  end  yrof  ordeines 
him  to  pay  the  publict,  and  to  pay  thrattie  poundes  Scots  to  the  Clerk 
for  his  sallarie  for  ane  quarter,  and  also  to  pay  to  the  Post  ane  quarters 
sallarie  from  the  first  of  November  nixt,  with  this  provisione  that,  if 
the  quota  now  proportioned  shall  come  short  of  the  Pbst  dues  for  the 
pnt  current  quarter,  the  deficit  shall  be  stented  and  casten  on  the 
subsequent  tearmes,  and  aKvayes  with  this  provisione  that  Burdsbank 
befor  the  nixt  meiting  of  the  Comissioners  give  in  to  the  Earle  of 
ffindlater  or  to  the  Clerk  ane  bond  subt  by  him  and  his  cautioner,  who 
formerlie  was  caur  for  him  or  uther  responsall  caur  for  him  he  shall 
not  continew  longer  then  the  sd.  Mertimes  tearme,  and  if  he  find  the 
sd.  suirtie  he  shall  continew  dureing  the  said  heall  eightein  monethes. 

Farder  the  Comissioners  doe  order  their  Collector  to  prosecute  Mr. 
Alexr.  Grant  and  his  caurs,  ffor  and  upon  their  securitie  for  him  anent 
his  collectione  then  given  him,  and  that  by  applicatione  to  the  Thesfie 
for  ane  act  for  quartering  on  his  caurs,  or  by  chargeing  them  on  their 
caurie  and  bond  granted  therefor,  and  recomends  to  the  Earle  of 
ffindlater  to  acquent  the  cautioners  thereanent,  and  appoyntes  the 
Collector  to  uplift  and  discharge  the  arreires  given  out  by  the  then 
Comissioners  and  be  countable  therefor. 

FFINDLATER. 

JA.  ABERCROMBY. 

ALEXR.  HAY. 

J.  ANDERSON. 

The  convening  of  meetings  of  the  Commissioners  for  Fordyce  and 
Cullen  outwith  Banff  the  county  town,  which  was  common  about  this 
period,  was  the  subject  of  complaint  in  1700  by  the  Town  Council  of 
Banff, '  and  was  rectified  shortly  after  that  time.  The  Collector, 
George  Leslye  of  Burdsbank,  was  about  this  period  in  financial  diffi- 
culties ;  and  the  security  demanded  for  his  intromissions  was  very 
necessary. 

THE  LESLYES  OF  BURDSBANK. 

Burdsbank,    a    small    estate    for    long    included  in    the    extensive 

domains    of    Cullen    House,    has    for    many    years  lost    its    identity. 

Its  name  alone  still  clings  to  the  spot  near  Cullen  House  where  the 

laird's   house   stood   in    olden    days ;   and   only  the  local  antiquarian 

1  See  page  55. 


THE   LESLYES   OF   BURDSBANK.  r8l 

knows  of  its  old  connexion  with  the  family  of  Leslye.  This  family 
had  its  origin  in  Banffshire  in  1610,  when  Sir  Walter  Ogilvie  of 
Findlater,  afterwards  the  first  Lord  Deskford,  conveyed  Burdsbank, 
sometimes  spelt  Birdsbank,  to  George  Leslye,  second  son  of  Robert 
Leslye  of  Findrassie  in  Moray.  In  1617,  George  Leslye  appears 
in  the  minute  books  of  the  Town  Council  of  Cullen  as  a  Councillor, 
and  two  years  later,  in  1619,  he  was  Commissioner  for  Cullen  to 
the  Convention  of  Royal  Burghs.  Robert  Leslye,  the  father,  had 
a  passing  interest  in  Banfi'shire  himself,  for  in  1624  he  purchased 
from  Lord  Deskford  the  lands  of  Leitchestoun,  Clune,  Smithstown 
and  Dytach,  in  the  parishes  of  Deskford  and  Fordyce,  for  £5000  Scots. 

George  Leslye  was  succeeded  in  Burdsbank  by  his  son  William  as 
second  laird.  In  1658,  William  Leslye  appears  in  the  Town  Council 
minutes  of  Cullen  as  heritor  of  the  Old  Mill  of  Cullen.  The  burgesses 
were  mostly  astricted  to  this  mill,  being  bound  to  grind  their  corn  there. 
The  Cullen  records  show  that  more  than  once,  during  this  laird's 
ownership,  they  were  forced,  though  very  unwillingly,  to  perform  the 
customary  mill  services  or  commute  them,  and  that  Burdsbank  had 
more  than  once  to  seek  redress  in  court  for  their  evasion  of  his 
multures.  He  was  one  of  the  Scots  Commissioners  who  were  sum- 
moned by  General  Monk  to  meet  in  Edinburgh  on  i6th  November 
1659,  when  the  restoration  of  Charles  II.  was  so  far  concerted. 

The  Sasine  records  of  Banffshire  seem  to  speak  of  William  Leslye 
as  a  gentleman  of  substance,  who  was  rich  enough  to  lend  money  to  the 
bigger  neighbouring  landowners. 

28th  Apryll  1664. — Renunciation  Wm.  Leslie  of  Birdsbank  in  favors 
of  James  Earle  of  Findlater  of  and  upon  yt  half  of  the  toune  and 
lands  of  Craibstone  and  half  of  Shepherds  croft  yrof  qch  were  before 
wodset  to  the  deceist  James  Shepherd  sometyme  in  Craibston  and 
redeemed  from  his  eldest  sone  w'  ye  pertinents. 

13  November  1668. — Saising  William  Leslye  off  Burdsbank  and 
Helen  Monro  his  spous  in  conjunct  fie  and  lyvercnt  the  longest  leiver 
of  them  tuo  and  George  Leslye  yr  oldest  lawfull  sone  in  fie  off  all  and 
haill  that  pairt  and  portione  of  the  toune  and  lands  of  Whyntie  pres"y 
perteining  to  Sr  Patrick  Ogilvie  off  Boyne  and  occupied  and  possest  be 
George  Allan  and  Alexr  Leyth  with  the  pertinents  yroff. 

In  1670  he  appears  in  the  list  of  Commissioners  of  Supply  for 
Banffshire. 

27  May  1673. — Renuncia°ne  and  grant  off  redemption  off  all  and 
haill  that  pairt  and  portione  off  the  toune  and  lands  of  Whyntie 
possest  be  Geo.  Allan  and  Alexr  Leith  granted  be  Wm.  Leslie  of 


l82  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Burdsbank  Helen  Munro  his  spouse  and  George  Leslie  yr  sone  to 
and  in  favors  off  Sr  Patrick  Ogilvie  of  Boyne. 

8  October  1674. — Saiseing  given  to  William  Leslie  of  Burdsbank 
and  Helen  Munro  his  spouse  in  conjunct  fie  and  liverent  the  longest 
liver  off  them  tuo  and  George  Leslie  there  sone  in  fie  of  all  and  haill 
ane  yearly  (Tt>  rent  of  two  hundreth  and  fourtie  punds  Scots  to  be 
uplifted  out  of  the  toune  and  lands  of  Neitherblerock. 

8  October  1674. — Saiseing  given  to  William  Leslie  of  Burdsbank 
and  Hellen  Munro  his  spouse  in  conjunct  fie  the  longest  liver  of  them 
two  and  George  Leslye  there  sone  in  fie  of  all  and  haill  ane  yearly 
@  rent  of  two  hundreth  and  fourtie  merks  to  be  taken  furth  off  the 
two  roumes  in  Hilsyde  off  ffordyce  possesed  be  Alexr  Gregor  and  Alexr 
Keir. 

20  May  1676. — Instrument  of  Resignatione  made  and  granted  be 
William  Leslye  of  Burdsbank  and  George  Leslyc  his  sone  to  and  in 
favour  of  James  Earle  off  ffindlater  and  yt  in  speciall  favour  of  John 
Gordonc  of  Leterfurie  and  Marie  Innes  his  spouse  of  ane  yearlie 
("  rent  of  two  hundreth  and  fourtie  punds  Scots  moey  to  be  uplifted 
furth  of  the  toune  and  lands  of  Neitherblerock. 

25  May  1677.- — Saiseing  given  to  William  and  George  Leslye  elder 
and  yr  of  Burdsbank  off  all  and  haill  ane  yearlie  (ru,  rent  of  six 
hundreth  merks  moey  uplifted  furth  of  Whyntie.  This  was  discharged 
by  George  Leslye  on  28th  June  1698. 

Meantime  the  burgesses  of  Cullen  were  giving  trouble.  In  1672 
"it  is  statute,"  so  runs  the  Cullen  Town  Council  minute,  "that 
the  haill  toune  heritors,  tradsmen,  brewers  and  others  within  the 
sam  shall  be  stented  in  the  souin  of  ten  merks  for  bringing  horn 
milstons  to  the  Old  Mill  of  Cullen,"  probably  either  from  Pennan  in 
Aberdeenshire  or  from  Quarrywood  near  Elgin.  In  1677  Burdsbank 
complained  to  the  Town  Council  "  upon  the  haill  brewers  of  aill, 
bear  and  acquavitie  that  they  goe  above  his  mill  with  their  malt  meale 
and  other  graine  belonging  to  them  to  other  adjacent  milnes  although 
they  be  bundsucken  to  him  and  his  milne,  so  he  is  wanting  in  his 
multure."  Dr.  Cramond  says  that  the  tombstone  of  William  Leslye 
and  of  his  wife  Helen  Munro  of  Miltoun  was  sometime  ago  unearthed 
in  Cullen  Churchyard,  with  the  arms  of  the  Burdsbanks  upon  it,  but 
the  heart-shaped  centre  gone. 


THE    LKSLYES    OF    BURDSBANK.  183 

George  Leslye  succeeded  as  third  laird.  The  date  of  his  birth  has 
not  been  ascertained.  In  1666  he  was  admitted  a  burgess  of  Cullen ; 
but  as  this  honour  was  often  conferred  on  mere  youths  it  gives  no 
certain  clue  to  his  age.  He  married,  probably  before  1675,  Christian, 
second  daughter  of  Sir  James  Baird  of  Auchmedden,  Sheriff  Principal 
of  Banffshire.  In  that  year  he  was  appointed  Sheriff  Clerk  of  Banff- 
shire,  in  succession  to  Robert  Sharp,  relative  of  James  Sharp,  Arch- 
bishop of  St.  Andrews.  At  the  same  time  he  was  appointed  Keeper  of 
of  the  Particular  Register  of  Sasines  for  Banffshire,  and  the  records 
shew  that  the  first  writ  registered  by  him  was  on  i6th  June  of  that 
year.  He  invariably  spelt  his  name  and  his  father's  Leslye.  In 
December  1683  he  took  sasine  on  the  lands  and  baronie  of  Doune, 
Gamrie.  In  1685,  like  his  father,  he  had  to  apply  to  the  Town 
Council  of  Cullen  to  issue  orders  that  heritors,  tenants,  etc.,  should 
send  men  and  horses  to  "  lead  "  stones  out  of  that  part  of  the  burn 
betwixt  the  Killcraig  and  the  intack  to  the  said  mill,  and  for  carrying 
home  slates  to  slate  the  mill  out  of  the  "  Sklaite  Heugh  of  Findlater,  or 
David's  Castle."  In  May  of  the  same  year  lie  represented  Cullen  in 
the  first  Scots  Parliament  called  by  King  James.  In  those  days  of 
payment  of  members  he  was  allowed  by  the  burgh  245.  Scots  daily 
while  attending  Parliament  in  Edinburgh,  and  for  the  time  in  going 
and  returning  home,  eight  days,  so  long  did  thr  journey  take  in  those 
olden  times.  In  Seafield  Correspondence,  edited  for  the  Scottish 
History  Society,  is  printed  a  letter  from  George  Leslye  to  the  Earl  of 
Findlater,  dated  28th  April  1685,  giving  an  account  of  the  proceedings 
of  the  session.  In  May  1686,  he  was  again  in  Edinburgh  attending 
Parliament,  and  in  three  other  letters,  printed  in  the  same  Corres- 
pondence, he  continued  his  account  of  the  proceedings  of  the  first  and 
last  Parliament  convened  by  King  James.  In  common  with  most 
of  his  compeers,  he  made  no  animadvertions  on  the  autocratic  policy 
of  James,  apart  from  his  Romanising  actions,  which  he  was  opposed  to. 

On  2Qth  September  1686,  Burdsbank  took  sasine  of  the  lands  of 
Coultoun,  Inaltrie  and  Litle  Knowes,  all  in  Deskford,  under  reversion; 
and  on  the  30th  September  1687  he  took  sasine  first  of  the  lands  of 
Deyhill,  Barnhill,  Auldealhouse,  Gelliemylne  and  others  in  Gamrie, 
and  second  of  the  lands  of  Inchdrewar,  Lochagins,  Culbirnies,  Killpots 
and  others  in  Banff.  Both  sasines  were  upon  two  charters  under  the 
great  seal.  Ten  years  later  Burdsbank  was  in  deep  water.  In  1698  he 
ceased  to  be  Collector  of  Cess.  In  1699  he  had  sold  out  his  paternal 
estate  of  Burdsbank  to  Seafield.  That  year  he  was  in  prison  for  debt 
to  the  town  of  Cullen,  which  he  had  represented  in  Parliament.  Later 
the  same  year,  on  gth  December,  he  was  liberated  from  the  prison  of 
Banff,  where  he  was  incarcerated  for  debt. 


184  RECORDS    OF   THE    COUNTY    OF    BANFF. 

Many  incidents  of  his  career  are  to  be  found  in  Dr.  Cramond's 
Annals  of  Banff  and  of  Cullen,  in  the  Editor's  Seafield  Correspondence, 
and  in  these  Records.  He  had  three  sons  and  two  daughters.  The 
eldest  son  died  unmarried.  The  second  son  made  a  clandestine1 
marriage  with  Lady  Mary  Ogilvie,  daughter  of  James  III.rd  Earl  of 
Findlater.  The  third  son,  Patrick,  appointed  Joint  Sheriff  Clerk  of  Banff- 
shire  on  loth  September  1703,  married  Margaret  Ramsay  of  Melrose  in 
Gamrie,  and  predeceased  his  father  with  issue.  George  Leslye  resigned 
the  office  of  Sheriff  Clerk  in  1723,  and  died  probably  in  1724. 

LEVIES  OF  HORSE  AND  FOOT,  1663-1696. 

If  the  apportioning  and  collecting  of  cess  by  the  County  Commis- 
sioners emanated  from,  and  was  a  delegation  of  the  national  authority, 
so  also  was  the  duty  placed  on  the  local  authority  by  the  central  power 
of  taking  measures  to  levy  the  horse  and  foot  of  the  army,  a  duty 
extensively  delegated  to  the  local  authorities  of  the  present  day,  so 
dependant  is  the  central  power  on  the  man  on  the  spot,  if  its  resolutions 
are  to  be  effectively  carried  out. 

After  the  Restoration  the  Militia  of  Scotland  was  settled  by  the  act2 
of  23rd  September  1663,  which  offered  20,000  foot  and  2000  horse  to 
Charles  sufficiently  armed  and  furnished  with  forty  days'  provision. 
These  levies  were  apportioned  on  the  various  shires  and  military 
districts,  mainly  on  the  basis  of  population  and  the  suitability  of  the 
population  for  foot  or  horse.  Banffshire,  like  many  other  counties, 
was  not  treated  in  this  matter  as  a  unit.  From  the  "shire  of  Kincarden 
and  Marishalls  parte  of  Aberdein  eight  hundreth  foote  and  seventie 
four  horse,  from  the  rest  of  Aberdein  and  shire  of  Bamff  one  thousand 
sextie  sex  foot  and  one  hundreth  seventy  sex  horse "  were  the  local 
quotas.  The  figures  one  hundred  and  seventy  six  horse  are  referred  to 
in  the  minute  of  6th  January  1697,  at  page  186.  This  Militia,  when 
embodied  was  under  obligation  to  march  to  any  part  of  Scotland, 
England  or  Ireland  to  resist  foreign  invasion,  or  to  suppress  internal 
insurrection.  If  necessary,  every  male  between  sixty  and  sixteen  years 
was  made  available  for  service. 

At  the  Revolution  the  exigencies  of  the  situation  compelled  the  Con- 
vention of  Estates  to  add  to  the  territorial  Militia  system  the  general 
recruiting  of  regiments.  On  27th  March  1689,  General  Mackay  was 
authorised3  to  recruit  in  Scotland  four  regiments  of  foot  and  one  of 
dragoons.  On  igth  April  following  eight  regiments  of  foot  with 
establishment  of  5400  men  were  authorised,  to  be  raised4  by  the  Earles 

1  Seafiekl  Correspondence  (Scot.   Hist.   Socy. ),  pp.   247-8. 

3  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  VII.,  pp.  480-1. 

3  Ibidem,  Vol.   IX.,  p.   22.  <  Ibidem,  Vol.   IX.,  p.   50. 


LEVIES    OF    HORSE    AND    FOOT.  185 

of  Argyle,  Mar  and  Glencairn,  by  Lord  Cardross  for  Lord  Angus,  by 
Lords  Strathnaver,  Blantyre  and  Bargany,  and  by  the  Laird  of  Grant. 
On  the  previous  day  the  Convention  called  out '  500  Militia  horse  in 
the  proportions  of  the  Act  of  1663.  This  was  one  fourth  of  the 
maximum  number  allowed  by  that  act,  and  explains  the  expression 
"  fourth  horse  of  the  ordinar  militia  "  in  Leslye's  letter  at  page  160. 

On  ist  August,  after  Killiecrankie,  Parliament  authorised  the  Privy 
Council,  if  necessary,  to  call  out  all  heritors  and  fencible  men. 

In  view  of  a  threatened  invasion  in  1693,  Parliament  on  23rd  May 
authorised2  a  levy  of  2979  foot,  in  the  same  proportions  as  were  laid 
down  in  the  Militia  Act  of  1663,  being  from  "  Kincardyne  and 
Marshalls  part  of  Aberdeene  119,  and  the  rest  of  Aberdeene  shyre  and 
Banff  159."  The  Commissioners  of  Supply,  with  one  or  two  Magis- 
trates from  each  Royal  Burgh,  were  directed  to  make  the  levy 
effective  in  each  military  district,  and  had  power,  along  with  the  officer 
directed  to  receive  the  men,  to  determine  their  sufficiency.  In  conse- 
quence of  this  levy  the  concession  was  made  that  for  one  and  a  half 
years  the  Militia  "would  not  be  called  out  except  in  case  of  actual 
invasion. 

With  the  war  against  Louis  XIV.  in  Flanders  so  long  in  progress, 
the  drain  on  men  was  great,  and  on  ijth  July  1695  a  levy  of  1000  foot 
to  serve  three  years  and  to  the  first  of  November  next  thereafter  was 
authorised3  by  Parliament.  That  Scotland  might  be  delivered  from  the 
oppressions  of  "  pulling  away  poor  men  from  their  wives  and  children 
that  cannot  subsist  without  their  handy  labour,  and  the  ingageing  and 
seizing  of  other  unfitt  men  noway  proper  for  the  service,"  the  Estates 
enacted  that,  as  all  heritors  and  the  superior  sort  of  His  Majesty's 
lieges  contribute  to  the  war  by  paying  supply,  pole  money  and  excise, 
therefore  "  the  inferior  sort  who  contribute  little  or  nothing,  specially 
such  men  as  are  without  wives  or  children,  who  earn  their  living  by 
daily  wages  or  by  termly  hire,"  should  serve  as  soldiers  at  home  or 
abroad.  The  1000  men  were  proportioned  on  the  counties  and  military 
districts,  in  accordance  with  the  scheme  of  1663;  and  the  County 
Commissioners  of  Supply  were  directed  to  furnish  out,  first,  all  idle 
vagabonds  liable  to  seizure  who  were  unmarried,  and  secondly,  all  young 
fencible  men  of  the  bounds  with  no  wives  and  children  to  make  up  the 
quota,  these  latter  being  chosen  by  lot.  To  encourage  recruits,  each 
was  to  receive  £20  Scots. 

Next  year,  on  gth  October  1696,  a  levy  of  1000  men  each  year, 
until  the  ensuing  session  of  1700,  was  voted,4  on  the  same  proportions 

•The  Acts  of  the  Parliaments  of  Scotland,  Vol.   IX.,  p.  47.     'Ibidem,  Vol.   IX.,  p.  265. 

3  Ibidem,  Vol.   IX.,  pp.  459-4°°- 
«The  Acts  of  the  1'arliaments  of  Scotland,  Vol.  X.,   pp.  61-2. 


l86  RECORDS    OF   THE    COUNTY   OF    BANFF. 

and  conditions  as  the  levy  of  1695,  with  this  addition  that  the  services 
of  a  soldier  could,  for  £24  Scots,  be  compounded. 

LEVIES  OF  HORSE  AND  FOOT,  1696-7. 

SEDERUNT  of  the  Comissioners  of  Supply  and  Militia  of  the 
shyre  of  Banff  holden  at  Cullen  upon  the  sixt  of  Januarie 
Jajvj&  and  fourescoir  seavinten  yeires.  Comissioners 
present — The  Earle  of  ffindlater,  Sir  Jon  Gordon  of  Park, 
The  Laird  of  fforglen,  The  Laird  of  Troup,  The  Laird  of 
Durne,  The  Laird  of  Kempkairne,  The  Laird  of  Colleynard, 
The  Laird  of  Wastertoun,  Gordon  of  Achoynanie,  George 
Leslie  of  Burdsbank,  Jon  Innes  of  Edingeith,  The  Provost 
of  Banff,  The  Laird  of  Birkenboig. 

Who  all  choised  the  Earle  of  ffindlater  preses  of  this  meitting ; 
and  his  Lop  having  explained  to  the  remanent  Comissioners  the  desyne 
and  end  of  this  meiting  viz :  Anent  the  outreikcing  of  the  Militia 
horse  of  this  shyre  conforme  to  the  Counceills  act  and  proclamatione 
dateit  the  tenth  of  Decer  last  past ;  item  anent  the  levie  of  ane 
thousand  men  conforme  to  ane  uther  act  of  Councell  dateit  the  sixteinth 
day  of  the  sd  monethe,  and  anent  my  Lord  Chancelloures  letter  to 
the  Comissioners  of  Supply  of  this  shyre  dateit  the  first  of  December 
last  past :  The  saids  two  proclamationes  and  my  Lord  Chancellors 
letter  being  read,  the  Comissioners  resolve  anent  the  Militia  horse,  that 
in  respect  the  quota  of  this  shyres  proportione  of  the  sd  Militia  horse 
distinct  from  Errolls  pairt  of  Aberdeine  shyre  is  not  distinctlie  knovven 
to  any  of  the  Comissioners  present,  and  that  they  suppose  there  may  be 
some  error  in  the  proportione  of  the  rest  of  Aberdein  shyre  and  Banff 
shyre,  qch  in  the  Councells  act  is  ane  hundreth  and  sevintie  six  horse ; 
there  for  they  recomend  to  the  Clerk  to  the  Comissioners  of  Supply  of 
the  sd  shyre  and  get  nottice  what  the  distinct  proportione  of  the  horse 
of  this  shyre  is,  and  whether  the  sd  176  horse  be  the  trew  cast  and 
proportione  of  both  shyres  condiscendit  to  and  imposed  by  the  first  act 
of  Parliat  anent  the  Militia,  and  also  what  the  sds  Comissioners  have 
yet  done  anent  the  sd  horse  Militia,  and  what  ever  answer  comes  to  the 
Clerkes  handes  ordeine  him  to  report  the  samyn  to  the  Earle  of 
ffindlater  that  he  may  take  such  course  yrin  as  appeirteines ;  and 
recomendes  to  Kininvie,  to  be  assisting  to  the  Clerk  in  draweing  the 


LEVIES   OF    HORSE    AND   FOOT.  187 

said  letter.  As  to  the  levie  resolved  that  the  leaders  of  the  levie  the 
last  yeir  be  continowed  this  yeir  with  alteratione  only  of  any  adjuncts 
that  any  the  leaders  shall  desyre  to  have  altered,  which  the  Comiss 
remittes  to  the  Clerk  to  doe  as  he  shall  find  just  cause :  Ordeines  the 
Clerk  imediatlie  to  issue  out  proclamatione  to  the  severall  leaders  that 
they  may  have  their  men  or  money  readie  at  Banff  on  the  22d  instant, 
the  day  appoynted  by  the  Councell  for  that  effect,  under  the  paines 
conteined  in  the  proclamatione.  And  as  to  my  Lord  Chancellors  letter 
recomendes  to  the  Earle  of  ffindlater  to  give  afisr  thereto.  And  in 
respect  of  a  complent  anent  quartering  upon  deficients  in  payment  of 
their  cess,  it  is  ordered  that  for  heirefter  the  Collector  shall  send  out 
one  sojor  to  make  intimatione  of  the  parties  comeing  on  the  shyre,  and 
that  the  Collector  shall  pay  to  the  partie  what  is  de\v  to  them  by  law 
for  their  deficiencie,  which  he  shall  cast  on  the  deficients  for  the  nixt 
termes  cess,  and  shall  have  power  to  poynd  or  quarter  on  the  saids 
deficients  according  as  for  the  cess,  so  that  the  Collector  shall  be  no 
loser  thereby. 

FFINIJLATER    I.P.C.1 

ATT    Banff   the    twantie    second   day    of    Januarie    Jajvj&   and 

fourescoir  seavintein  yeires 

The  qch  day  in  presence  of  Sir  James  Abercrombie  of  Birkenboig 
and  Nicolas  Dunbar  of  Castelfeild  Shirreff  depute  of  the  shyre  of 
Banff  anent  the  Councells  act  and  proclamatione  for  delyvering  the 
proportione  of  the  thousand  men  of  levie  for  the  yeir  1696  dew  out 
of  the  shyre  of  Banff:  Compeired  Lievetennent  Collonell  Murray  in 
Collonell  Walter  Colliers  regiment  and  produced  ane  comissione  from 
Collonell  George  Hamiltoun  dateit  22d  of  Decor  last  to  uplift  and 
receive  the  sd  proportione  of  men  dew  out  of  the  shyre  of  Banff,  which 
the  sd  Birkenboig  and  Shreff  deput  ffound  sufficient,  and  ordeined  the 
Clerk  to  give  ane  list  of  the  leaders  of  the  sd  shyre  to  the  sd 
Leivetennent  Collonell,  which  accordingly  he  did :  And  the  sds  leaders 
being  called,  Birkenboig  gave  in  ane  sufficient  man  named  William 
Mclver  approven  off  and  accepted  by  the  sd  officer ;  as  also  Castelfeild 
delyver  ane  uther  sufficient  man  named  James  \Vilsone  ffor  my  Lord 
Secretarie  Ogilvie  or  Earle  of  ffindlater  leader  of  one  man  approven 

'  In  presentia  Commiss  : 


lS8  RECORDS  OF  THE  COUNTY  OF  BANFF. 

and  accepted  by  the  sd  officer.  Lykeas  the  Lord  Boynd,  the  lairdes 
of  fforglen  Troup  Kinminitie  and  Wastertoun  leaders  of  one  man 
each  of  them,  the  Earl  of  Marishall  leader  of  one  man,  the  Tutor  of 
Rothemey  leader  for  Rothemey  of  one  man  have  each  of  them  payed 
tuantie  four  poundes  Scotes  for  their  men.  Lykeas  the  Duke  of 
Gordone  leader  of  thrie  men  hes  payed  tuantie  four  pounds  Scots 
money  for  one  of  his  said  thrie  men,  ffor  qch  men  and  money  the  sd 
Leivetennent  Collonell  hes  given  receptes,  and  the  Duke  of  Gordone  is 
yit  deficient  in  tuo  men;  and  the  lairds  of  Park  Bracco  Kinairdie  and 
Bellindalloch  are  also  deficient  each  of  them  in  one  man.  And  the 
saids  Comissioners  and  Leivetennent  Collonell  have  subscryved  thir 

presents  day  and  place  foirsd. 

JA.  ABHRCROMBY. 

NICOLAS  DUNBAR. 
WM.  MURRAY. 

SEDERUXT  Cullcn  ffourth  May  Jajvj&  and  nyntie  sevin  years, 
fames  Earle  of  ffindlatter,  Sr  Patrick  Ogilvie  of  Boyne, 
Ale.\r  Sutherland  of  Kinmintye,  Mr  Wm  Joass  of  Coleonard, 
Georg  Leslye  of  Burdsbank,  Nicolas  Dunbar  of  Castelfeild 
Shreff  deput  of  Banffshyre,  and  Patrick  Steuart  off  Tannachie. 

The  Comissioners  of   Suplie  avemd.  have  elected  and  chosen  the 
Earlc  ffindlater  to  be  preses. 

DEFICIENTS  OF  THE  LEVIES  OF  1693  AND  1695. 
The  said  day  compeired  Livetenent  Collin  Campbell  in  the  regiment 
of  Collonell  Macgill  (?)  comissioned  by  Collonell  George  Hamiltoune 
conforme  to  his  comissionc  daited  the  twentie  fourth  of  March  Jajvj& 
and  nyntie  sevin  yeares  last  past,  and  produced  the  act  of  Counsell 
daited  the  sext  of  ffebry  last  anent  the  deficients  of  the  levie  Jajvj& 
and  nyntie  three  and  Jajvj&  and  nyntie  fyve  yeares,  and  represented  to 
the  Comissioners  that  the  Duke  of  Gordone  in  that  shyre  for  his 
interest  wes  deficient  in  tuo  men  in  the  year  Jajvj&  and  nyntie  five 
yeares,  and  the  Laird  of  Kinminitye  deficient  in  one  man,  and  in 
obedience  to  the  act  of  Counsell  forsaid  ordeineing  poynding  for 
payment  of  the  soume  of  ane  hundreth  punds  Scots  money  to  be 
made  for  each  deficient  man.  The  Comissioners  forsaid  ordaines 


MARKET    PRICES    OF    BEAR   AND    BARLEY.  189 

poynding  in  the  tearmes  of  the  act  of  Counsell  out  of  the  Duke  of 
Gordons  interest  in  the  Shirreffdome  of  Banff  for  the  soume  of  two 
hundreth  punds  for  the  sd  two  deficient  men  in  the  levie  Jajvj&  and 
nyntie  five  yeares  and  that  one  the  yeare  the  Duke  of  Gordone  his 
factors  and  chamberlands  in  the  sd  shyre  specallie  recomendit.  As  to 
the  man  qrin  Kinminitye  is  represented  to  be  deficient  the  year  forsaid, 
Kinmintie  produced  ane  act  and  sederunt  off  the  daite  the  sexteint  day 
of  Appryle  Jajvj&  and  nyntie  sex  qrby  it  is  clearlie  understood  be  the 
Comissioners  forsaid  that  the  said  laird  of  Kinminty  had  produced 
the  persone  of  Alexr  Macphersone  ane  able  and  sufficient  mane 
wolenteir  to  John  Ogilvie  Ensigne  comissionat  to  accept  of  the 
proportione  of  leivie  for  the  shyre  of  Banff  ye  sd  year,  which  man  so 
presented  wes  approven  to  be  ane  sufficient  man  be  the  laird  of 
Birkenboige  and  Castelfeild  appoynted  be  act  of  Counsell  to  see  the 
levie  delivered  for  the  shyre  of  Banff  for  the  sd  year,  and  found  that  he 
the  sd  laird  of  Kimintye  had  obeyed  the  act  of  Counsell  in  presenting 
ane  sufficient  man,  and  had  instruments  the  ....  upon  his 
refusall  of  his  said  man,  and  therefter  finds  him  free  of  any  deficiency, 
and  assollyes  him  therefrae  in  all  tyme  comeing,  ordaineing  extracts  of 
these  pntts  to  be  delivered  to  all  parties  interested. 

MARKET  PRICES  OF  BEAR  AND  BARLEY,  1696-7. 

The  sd  day  there  wes  ane  letter  sub'  be  the  Canceler  and  direct 
to  the  Comissioners  of  Banffshyre,  requireing  the  Comissioners  to 
take  tryall  of  the  depositione  of  persones  and  by  all  uyr  lawll 
evidence,  what  were  current  marckatt  pryces  of  Bear  and  Barley, 
as  they  rulled  weeklie  or  at  least  monethly  from  the  terme  of 
Candlemas  Jajvj&  and  nyntie  sex  to  Candlemas  last  past  Jajvj&  and 
nyntie  sevin  yeares,  and  in  maner  contained  in  the  sd  letter  daited  the 
twentie  sext  of  Merch  last:  Ordaines  and  devyds  the  districts  as 
followes,  for  the  district  of  Banff,  Keith  and  Cullen,  the  Comissioners 
formerly  appoynted  by  Acts  of  Sederunt,  ording  the  Clerk  to  emitt 
intima°ns  to  the  seall  districts  with  ane  double  of  the  said  letter 
beareing  the  Comissioners  appoynted  for  each  district,  with  power  to 
them  to  subdevyd  themselves  as  they  shall  find  most  reasonable,  and 
appoynts  there  first  meiting  in  the  seall  districts  to  be  one  the  twentie 


igO  RECORDS    OF   THE    COUNTY   OF    BANFF. 

fyfth  of  May  instant,  and  to  report  ane  exact  account  of  there 
deligence  in  ane  genii  meiting  of  the  shyre  hereby  appoynted  to  be  kept 
at  ffordyce  the  fyfteinth  of  Junij  nixt,  that  ane  report  of  there 
proceidings  may  be  transmited  to  the  Excequer. 

LIST  OF  LOCAL  OFFICERS  QUALIFIED. 

The  sd  day  there  wes  also  produced  ane  letter  derect  to  the 
Comissioners  ffrom  the  Chanceler  daited  the  fyfteinth  of  Appryll  last, 
requireing  to  send  to  the  Clerkes  of  Privie  Councell  the  names  of  all 
persones  in  the  shyre  of  the  best  interest  whither  qualified  by  law  and 
fitt  to  be  Captaines,  with  ane  list  of  such  Lyvetennents  and  Ensignes 
aither  alradie  named  or  to  be  named  betwixt  and  the  of  May 

instant ;  and  in  respect  of  the  paucitye  of  the  number  of  Comissioners 
pnt  ordaines  ane  double  of  the  sd  letter  to  be  sent  to  the  districts 
forsaid,  that  the  Comissioners  may  have  yr  thoughts  yrin  and  signifie 
the  samen  to  my  Lord  ffindlater  betwixt  and  the  sd  genii  meiting,  that 
my  Lord  ffindlatter  may  report  ane  afisr  in  the  termes  of  the  sd  letter. 

WHITSUNDAY  CESS,  VAGABONDS  AND  BEGGARS. 

The  sd  day  the  Comissioners  appoynt  the  Witsonday  cess  to  be 
levied  and  collected  and  peyt  in  to  Burdsbank  at  the  samen  raite  and 
the  terms  as  the  Candlemas  cess  last  collected  wes  imposed. 

FFINDLATER    I.P.C. 

The  said  day  the  Comissioners  ordaines  the  Justices  of  Peace  in  the 
seall  devisions  to  tack  such  legal  methods  for  freeing  the  countrie  of 
wagabonds  and  beggars,  that  they  contraveen  not  the  act  of  Parliamen, 
and  may  have  speall  respect  yrto. 

QUARTERING  ox  THE  SHIRE. 

For  the  Earle  of  Findlater  these  are. 
MY  NOBLE  LORD 

In  obedience  to  yor  comands  John  Donaldsone  hath  sent 
you  heir  inclosed  a  list  of  the  deficients  wth  ther  particular  valuations, 
as  also  ane  account  of  what  is  due  to  the  party  since  ther  coming  heir. 
When  yor  Lo  hath  caused  it  to  be  proportioned  and  signed,  and  sent 


QUARTERING    ON    THE    SHIRE.  igr 

back  to  me,  I  shall  isue  out  advertisments  for  payment  to  the  Colecter 
conforme,  and  at  piit  shall  add  no  more  but  that  I  am, 

My  Noble  Lord, 

Yor  Los  most  obedient  servant 

J.  BASKEN. 
Banffe  Agust  16  1697. 

My  Lord  upon  receipt  of  yo's  I  wrot  this  letter,  and  went  to  Jon 
Donaldsone  to  comunicat  yor  Los  to  him,  but  found  he  was  out  of 
toune,  but  haveing  occassion  to  meet  with  him  at  his  returne,  I  desyred 
him  to  obey  the  tenor  of  vor  Los  letter,  wch  he  told  me  he  could  not 
doe  in  respect  he  knew  not  what  the  partes  expences  might  amount 
too,  since  they  were  still  quartering  on  the  shyre,  but  wthall  he  hath 
promised  to  give  yor  Lo  his  sentiments  of  the  shyres  eft'aireas  as  they 
are  at  pnt.  My  Lord  I  am  a  stranger  both  as  to  the  dcfficients  and  the 
parties  expences,  and  so  can  give  no  account ;  but  shall  wait  yor  Los 
comands,  which  shall  be  obeyd  by, 

My  Lord, 

Yor  Los  obedient  serv1 

J.  BASKEN. 

ffor  the  Right  Honorable  the  Earle  of  ffindlater  these. 

My  NOBLE  LORD 

Being  all  this  day  from  home,  and  hereing  your  Lop.  had 
desyred  Captain  Baskein  or  me  to  attend  your  Lordship  and  the 
Comissioners  to-morrow  at  Grange  to  give  a  list  of  deficients  of  the 
cess  and  a  list  of  the  parties  expenss  or  dues,  because  I  could  not  be 
accomodate  of  a  horse  to  carie  me  on  a  suddent,  this  place  being  ill 
accomodat,  I  have  sent  these  to  tell  your  Lop  yrof  and  humblie  beg 
excuse.  I  would  have  sent  a  list,  but  considering  that  such  listes  must 
be  publict  to  the  heall  Comissioners,  and  that  in  the  begineing  yrof 
my  Lord  Secretaries  interest  must  be  first  placed,  I  presume  to 
advyse  that  your  Lop  and  my  Lord  Boynd  and  tuo  or  thrie  neirest 
heir  may  meitt  at  Cullen  or  where  els  your  Lop  pleases  so  soone  as  ye 
returne  from  Grange,  and  I  being  called  shall  present  the  bookes, 
according  whereunto  measures  may  be  taken.  The  parties  dues  cannot 
be  told  (on  the  other  hand)  till  the  publict  dues  be  payed  in,  and  a  tym 


IQ2  RECORDS  OF  THE  COUNTY  OF  BANFF. 

yrefter  allowed  to  pay  the  same  to  the  receavers,  there  being  as  yet 
some  deficients  for  tuo  tearmes  in  the  shyre.  I  beg  pardon  for  this 
prolixitie,  and  conclude  that  according  to  dewtie 

I  am, 

My  Lord, 
Your  Lops  most  obedient  and  humble  svt 

J.    DONALDSONE. 

Banff  i6th  of  August  1697. 

From  the  foregoing  two  letters,  it  would  seem  that  John  Donaldson, 
Writer  in  Banff,  was  at  this  time  assisting  Captain  Basken  the  County 
Clerk. 

VAGABONDS,  SORNERS  AND  BEGGARS,  AND  THE  POOR. 

The  exhaustion  and  poverty  of  the  county  at  this  period  appear  in 
the  increasing  vigilance  of  the  county  and  burgh  authorities  in  keeping 
sturdy  beggars  and  vagrants  within  bounds ;  and  the  "  ill  years  of  King 
William  "  were  coincident  with  a  re-enactment  of  Poor  Law  and  a 
recrudescence  of  harsh  hangings  '  by  Sheriff  and  Bailies  of  broken  men 
who  robbed  to  keep  life  in.  In  a  county  like  Banff,  partly  lowland 
and  partly  highland,  the  revolutionary  war  had  created  bands  of  broken 
highlandmen,  and  the  harshness  of  the  hangings  had  something  of  the 
political  element.  The  peace  of  Ryswick  in  September  1697,  with  the 
consequent  disbandment  of  several  of  the  King's  Scottish  regiments, 
accentuated  the  evil. 

In  1697  the  four  Bailies  of  Banff  were  appointed  to  visit  the 
town,  and  "  to  banish  all  loose  vagabonds  who  cannot  give  ane 
account  of  their  maner  of  liveing  sumerly  without  process."  On  6th 
August  1698  "the  Magistrals  and  Counsell,  considering  how  loose  the 
countrie  at  present  is,  and  how  many  theifts  are  nightlie  comitted  both 
in  town  and  country,  enact  that  from  henceforth  there  be  ane  nightly 
gaurd  kept  within  the  out  roome  of  the  tolbuith  to  consist  of  ane 
commander  and  ten  men,  who  are  to  wisset  the  whole  towne  each  hour 
and  the  feilds  nixt  adjacent  thereto,  and  to  apprehend  all  loase  or 
vagrant  persones,  and  if  any  theft  or  thing  shall  fall  out  by  the 
negligence  of  the  gaurd  they  are  to  be  countable  therfor."  Next  year, 
on  8th  June,  five  men  and  a  commander  were  appointed  as  a  night 
guard  in  Banff  to  prevent  "  the  many  theifts  and  pillfering  dayly 

•See  pp.   104-5. 


VAGABONDS,  SORNERS,  BEGGARS  AND  THE  POOR.         193 

and  nightly  committed  within  burgh  by  many  theifs  of  every  age 
young  and  old."  In  Cullen  in  1698  the  Council  ordained  that  "  as  the 
town  sustains  great  prejudice  by  stealing  of  corn  kail  and  peats  by  the 
people  of  the  town,  who  are  not  in  capacity  to  maintain  themselves, 
the  inhabitants  shall  be  liable  for  the  damage  done  by  those  they 
receipt,  and  that  none  be  receipted  unless  they  can  prove  to  the 
magistrates  they  can  buy  by  themselves  without  prejudging  their 
neighbours,  and  each  landlord  shall  be  liable  to  pay  £10  Sc.  who 
harbours  any  person  who  has  not  a  sufficient  testificate  from  the 
minister  and  elders  where  the}'  last  lived."  The  next  discloses  a  more 
lamentable  state  of  matters.  On  loth  July  i69cS  the  Kirk  Session  of 
Cullen  gave  155.  to  the  bedall '  "for  burying  several!  poor  who  dyed 
through  famine,  and  were  brought  dead  into  the  churchyard."  On  7th 
August  6s.  were  given  to  the  kirk  officer  "  for  burying  some  poor 
objects  who  dyed  through  scarcity."  If  people  so  died  in  the  fertile 
land  of  Ogilvie,  what  must  have  been  the  privations  of  the  people  in 
the  more  upland  and  highland  parts  of  the  count}-. 

In  a  postscript  to  their  minute  of  4th  May  1697,  the  Commissioners 
of  Supply  directed  the  Justices  of  Peace  to  free  the  countrv  of 
vagabonds  and  beggars  —  the  usual  superficial  remedy  of  the  time. 
Later  on  5th  November  1697  the  Commissioners  ordered  intimation 
to  be  made  in  each  parish  that  no  person  should  harbour  masterless 
persons  or  beggars,  men  or  women,  and  that  each  parish  should  main- 
tain its  own  poor.  Here  was  found  in  parochial  settlement  and  in 
parish  responsibility  some  solution  of  the  question.  On  I3th  June 
1699  the  County  Commissioners  of  Supply,  on  the  narrative  that, 
notwithstanding  the  extraordinary  death  of  many  people  by  sickness 
and  famine,  the  people  wilfully  neglect  to  bury  the  dead,  made  neces- 
sary regulations  and  imposed  penalties  so  that  corpses  might  be 
decently  interred.  Next  year  on  igth  January  1700  the  Commissioners, 
on  account  of  the  excessive  number  of  robberies  in  the  count}1,  made 
stringent  rules  against  the  harbouring  of  vagabonds,  and  directed  that 
extraneous  beggars  in  each  parish  be  handed  over  to  the  Magistrates  of 
Banff.  In  Chapter  I.,  at  pages  59  and  60,  some  account  of  the  old 
Scots  statutes  passed  to  restrain  vagabonds  sorncrs  and  beggars  has 
been  brought  down  to  1663.  In  King  William's  reign  the  unusual 
poverty  called  for  several  proclamations  and  enactments.  On  nth 
November  1692,  the  Scots  Privy  Council  appointed  the  heritors  and 
kirk-sessions  in  landward  parishes  to  make  up  lists  of  the  poor  within 
each  parish,  and  to  cast  up  the  quota  of  what  might  entertain  them 

'Sexton  or  kirk  officer. 


IQ4  RECORDS    OF   THE   COUNTY   OF    BANFF. 

according  to  their  needs,  and  assess  therefor  one  half  on  the  heritors 
and  the  other  half  on  the  householders  of  the  parish.  If  any  were 
able  to  work,  the  heritors  were  required  to  put  them  to  work  according 
to  their  capacities.  Correction  houses  were  ordered  to  be  erected.  In 
1693  a  somewhat  similar  proclamation  was  issued  for  royal  burghs. 
Further  proclamations  were  issued  in  1694  and  1698.  These  various 
proclamations  of  the  Privy  Council  were  ratified  by  the  statutes  of 
1695  c.  43,  1696  c.  29,  and  1698  c.  21. 

SEDERUNT  of  the  Commissioners  of  Supply  of  the  shyre  of 
Banff  keept  at  Cullen  house  the  fyfth  day  of  November 
Jajvj&  and  fourescoir  seavintein  yeires.  Comissioners 
present — The  Earle  of  ffindlater,  My  Lord  Boynd,  Sir  James 
Abercrombie  of  Birkenbog,  William  Dunbar  of  Durn,  Mr. 
William  Joass  of  Colleynard. 

Who  all  choised  the  Earle  of  ffindlater  preses  of  this  meiting. 

The  Comissioners  ordeines  also  intimationes  to  be  made  at  each  parish 
that  no  persone  or  persones  qtsumr  within  the  shyre  shall  harbor  or 
recept  intertaine  or  countenance  any  masterlese  louse  or  broken  persones 
men  or  woemen,  and  that  non  shall  harbour  or  recept  supply  or  intertein 
strong  idle  beggers  or  any  beggers  qtsumever  save  the  beggers  of  the 
parish.  And  also  that  ilk  parish  doe  furneish  and  provyde  their  owne 
poore,  and  that  under  the  penalties  and  conform  to  the  lawes  and  acts 
of  Parliat  and  actes  of  Counsell  made  thereanent,  with  certificate 
those  that  faillie  shall  be  proceidit  against  conforme  to  the  said  lawes. 
Lykeas  the  Comissioners  in  order  to  ane  bill  and  account  given  in  to 
them  befoir  by  George  Leslie  of  Burdsbank  anent  certain  depurse- 
ments  of  his  for  the  common  conserne  of  the  shyre  .  .  .  the 
Comissioners  have  drawen  bill  on  Wm.  Dunbar  sone  to  Durne  and 
James  Cock  in  Banff  or  either  of  them  their  former  Collectors  to  pay 
the  sd  account  to  Geo.  Leslie  as  their  bill  bears. 

FFINDLATER  I.P.C. 

THE  COMMUNICATION  OF  TRADE  AND  UNFREE  TRADERS. 

Royal  burghs  in  Scotland  long  enjoyed  the  exclusive  privilege  of 
trade.      With  the  rise  of  other  burghs,  this  vested  interest  countered 


THE    COMMUNICATION    OF   TRADE   AND    UNFREE   TRADERS.          195 

the  public  weal.  By  the  Act  1672  c.  5  freedom  of  trade  was  com- 
municated to  burghs  of  regality  and  barony,  a  concession  much  com- 
plained of  by  royal  burghs  as  an  infraction  of  their  vested  interests,1 
and  as  unfair  because  the  other  burghs  did  not  contribute  to  public 
taxation  as  royal  burghs  did.  This  reform,  called  the  Comunication 
of  Trade,  was,  through  the  action  of  the  Convention  of  Royal  Burghs, 
modified  by  the  act  of  1690  c.  15,  which  restored  in  great  part  the 
privileges  of  royal  burghs.  Later  in  the  reign  of  William  III.  a 
compromise  was  effected,  whereby  the  burghs  of  regality  and  barony 
in  return  for  the  concession  relieved  the  royal  burghs  of  a  proportion 
of  said  taxation.  The  acts  of  Parliament  1693  c.  51,  1698  c.  38  and 
c.  39,  with  the  report  of  the  Commission,  formed  under  the  last  named 
act,  detail  the  settlement  of  the  controversy.  The  proportion  trans- 
ferred to  other  burghs  proved  very  inconsiderable  and  difficult  to 
collect.  In  1835  the  proportion  of  the  tax  roll  of  the  royal  burghs 
so  paid  was  only  one-fortieth.  The  following  letter  by  Lord  Boynd, 
superior  of  the  burgh  of  barony  of  Portsoy,  and  the  Minutes  of  the 
Commissioners  of  Supply  of  I2th  July  1698,  and  3oth  April  1700, 
deal  with  this  measure  of  relief.  The  Minute1  of  the  Convention  of 
Royal  Burghs  of  i8th  November  1697  also  elucidates  the  matter. 

To  the  Earl  of  Findlater. 

Boyn   Nov  27  97. 
MY  LORD 

It  wes  at  ffordyc  that  Mr  Baird  told  me  of  his  warrand 
for  collecting  from  the  unfric  traders  particularly  from  Portsoy.  I  told 
my  Lord  Seafield  of  it  presently,  who  told  me:  I  could  not  be  lyable  sine 
Portsoy  wes  discharged  for  bygons,  and  thos  who  traded  in  it  did  .  .  . 
(but  I  most  suffer  patiently  such  treatments). 

Your  Lo  knows  you  formerly  syned  ane  warrand  to  discharg 
quartering  on  Portsoy,  upon  the  production  of  my  discharg  from  Mr. 
John 2  [torn] .  I  iutreat  your  Lo  will  [send]  ane  new  warrand  for 
removing  of  the  partie,  sine  the  last  with  the  discharg  is  in  my  sons 
hand,  I  belive  with  him  at  Edr.  .  .  .  This  I  hop  cannot  be  refused  in 
justic,  sine  your  Lo  is  in  knowledg  of  the  wholl  matter. 

My  Lo, 

your  most  humble  servant, 

PATRICK  OGILVIE. 

1  Records  of  the  Convention  of  Royal  Burghs,  1677-1711,  pp.  251-4. 

2  Probably  Mr.  John  Buchan,  Agent  of  Convention  of  Royal  Burghs. 


ig.6  RECORDS    OK    THE    COUNTY    OF    BANFF. 

ffordyce  i2th  of  July  1698. 

SEDERUNT  of  the  Commissioners  of  Supply  of  the  Shyre  of 
Banff,  viz.,  My  Lord  Boynd,  Alexr.  Gordon  of  Achoynanie, 
The  Laird  of  Bracco,  John  Innes  of  Edingeith,  George 
Leslie  of  Burdsbank,  Mr.  William  Joass  of  Colleynard. 
Haveing  this  day  mett  anent  the  partie  directed  by  the  Generall 
Receivers  upon  the  Burgh  of  Banff  ffor  their  proportione  of  the  taxt 
roll  stentcd  upon  the  unfrie  traders  within  the  sd  shyre,  and  the 
Magistrates  of  the  sd  Burgh  haveing  applyed  to  the  Comissioners  for 
ane  equall  stent  of  the  sds  unfrie  traders  their  proportiones  of  the  sd. 
stent  both  for  bygones  and  in  tymes  comeing,  conforme  to  the  subtack 
granted  to  them  by  Mr.  John  Buchan  and  the  actes  decreites  and 
proclamationes  therein  mentionet,  ffindes  that  ane  just  stent  cannot  at 
present  be  made  in  respect  the  Comissioners  doe  not  particularlie  know 
the  unfrie  traders.  They  therfor  ordein  their  Clerk  to  send  out  intima- 
tiones  to  ilk  parish  of  the  shyre  to  be  intimat  on  Sunday  nixt  requyreing 
all  heretors  lyferenters  within  the  shyre  and  the  factors  of  such  of  them 
as  are  absent  for  the  tyme  to  send  in  to  the  sds  Magistrates  ffull  and 
true  listes  of  all  unfrie  traders  and  tradesmen  within  their  rexive 
heritages,  and  that  betwix  and  the  tuantie  sixt  day  of  July  instant,  to 
the  effect  the  sds  Magistrates  may  stent  and  proportione  the  sds  bygone 
restes  upon  the  sds  unfrie  traders  and  tradesmen  by  advyce  of  the  sds 
heretors  and  Comissioners  who  are  to  meitt  the  said  day  for  that  effect, 
with  certiticatione  to  all  such  as  shall  faill  in  suo  doing,  the  sds  unfrie 
traders  their  heall  moveables  shall  lie,  conforme  to  the  lawes  made 
thereanent,  escheit  and  they  quartered  upon  ;  and  also  that  it  shall  be 
laull  to  the  sds  Comissioners  and  heretors  who  shall  meitt  with  the  sd 
Magistrates  to  stent  such  of  the  unfrie  traders  as  shall  not  compeir 
according  as  they  shall  have  informatione  of  their  treading.  As  also 
ordeines  the  Clerk  to  send  out  intimationes  thorow  the  heall  parishes 
of  the  shyre  requyreing  all  concerned  to  pay  in  to  George  Leslie  of 
Burdsbank  their  Collector  the  two  monthes  supply  due  at  Lambes  nixt 
to  come,  at  the  rate  of  thrie  poundes  one  shilling  and  four  pennies  on 
each  hundreth  pound  rent  for  the  said  tearme,  and  that  att  or  befoir 
the  tenth  of  August  nixt  to  come  under  paine  of  poynding  and 
quartering.  Jo.  INNES.  PATRICK  OGILVIE. 

W.  JOASS.  A.  DUFF. 

A.    GORDONE. 


COMMISSIONERS  OF  SUPPLY  AND  COLLECTOR,  1698.  ig7 

AUTHENTICATION  AND  DATE  OF  MINUTES. 

At  this  period  Minutes  of  meetings  were  indifferently  authenticated 
by  the  signature  of  the  preses  or  chairman,  who  added  the  letters  I.P.C. 
(in  presence  of  the  Commissioners),  or  by  the  signatures  of  all,  or  of 
as  many  of  those  present  as  could  be  got  to  sign. 

A  note  may  also  be  added  at  this  point  regarding  the  method  of 
writing  the  year  of  grace  at  this  time — the  transition  period  from  the 
old  to  the  modern  method.  The  form  Jajvj&,  usually  written  in  the 
County  Minutes  with  a  few  variants  seems  to  have  originated  in  a 
debased  writing  of  lMVi°  by  scribes  who  had  forgotten  the  original 
significance  of  the  figures  —  IM  written  Jaj  or  Jay  signifying  one 
thousand,  and  VIC  meaning  six  hundred,  debased  to  vj&  and  variants. 
A  very  exhaustive  note,  with  about  forty  variants,  is  given  by  Dr. 
Cramond  of  Cullen  at  p.  48  of  Vol.  III.  of  Scot.  Notes  and  Queries, 
1889. 

COMMISSIONERS  OF  SUPPLY  AND  COLLECTOR,  1698. 

On  30th  July  1698  Parliament  voted  eighteen  months'  cess  on  the 
land  rent  to  maintain  the  army.  The  Commissioners  of  Supply 
appointed  under  this  Act  were  those  surviving  Commissioners  named  in 
the  sixth  Act  of  the  2nd  Session,  the  seventh  Act  of  the  5th  Session, 
and  the  first  Act  of  6th  Session  of  William,  who  had  qualified  or 
would  qualify  by  the  first  Tuesday  of  October  1698;  and  also: — The 
Earl  Marischal,  Alexander  Sutherland  of  Kilmeinnity,  Nicolas  Dumbar 
of  Castlefield,  Robert  Grant  of  Dunlugas,  Charles  Gordon  of  Glen- 
gerrack,  James  Dumbar  younger  of  Durn,  the  Laird  of  Auchmedden, 
Robert  Arbuthnot,  chamberlane  to  the  Earl  Marischal. 

The  financial  troubles  of  the  Collector,  Burdsbank,  at  this  time  had 
reached  a  climax;  and  on  nth  October  1698  Nicolas  Dunbar  of 
Castlefield  was  appointed  in  his  place,  an  appointment  he  was  making 
interest  for  earlier,  as  next  letter  shows.  John  Donaldson  writer  of  the 
letter  of  6th  October,  who  gives  an  account  of  quartering  on  deficients 
for  all  too  common  arrears  of  cess,  was  understudy  to  Captain  James 
Basken,  the  Clerk,  who  was  at  this  time  an  old  and  frail  man.1 

Castlfeild  22  Aug,  1698. 
MY  LORD 

What   I   would  wreat  concerning  the   countrey   affairs   or 
the  familie  I  remitt  to  the  bearer ;  and  only  begs  pardon  for  presuming 

1  See  letter  dated  3Oth  July,   1699,   p.   204. 


198  RECORDS  OF  THE  COUNTY  OF  BANFF. 

to  trouble  your  Lop  in  mynding  you  that  at  Cullen  the  day  ye  went  of 
I  told  some  friends  had  bein  desyring  me  to  put  in  to  be  Collector  of 
this  new  imposed  cess.  I  then  told,  except  your  Lop  and  my  Lord 
Viscount  did  judge  it  proper  for  me,  I  would  not  medle,  and  had 
recomended  it  some  dayes  befor  to  my  Lady  to  tell  you  of  my 
resolu°ns,  who  promised  also  to  acquant  my  Lord  Viscount  her 
husband.  I  also  imparted  my  project  to  Durn  who  promised  to  stand 
by  me  and  assist  me,  but  now  he  wreats  fra  Edr  that  your  Lop  and 
your  sonc  hes  proposed  that  post  for  his  sone  William.  I  made  it  my 
indeavour  to  secur  some  of  the  Comrs  who  wer  not  imbarcqued  in  a 
contrary  faction,  but  if  it  be  not  your  Lops  and  my  Lord  Viscounts 
positive  desyr  I  imbracc  it,  I  will  desist  and  medle  no  farder  in  it,  and 
tho  I  continew  I  fear  my  cusin  Will,  or  I  will  have  a  hard  pull  for  it. 
My  Lord,  I  have  given  my  return  to  Durns  letter  to  Wm.  Lorimer 
unsealled  yt  your  Lop  may  peruse  it,  and  I  beg  your  Lop  will 
comunicat  this  letter  to  non  except  it  be  to  my  Lord  Viscount,  and  I 
earnestly  intreat  your  Lop  would  by  a  short  lyne  with  William  Lorimer 
signierie  your  sentiments  of  the  premisses,  which  will  be  a  farder 
addition  to  the  many  former  receaved  favors.  Cullen  languishes  for 
want  of  your  Lop ;  and  that  ye  may  live  long  and  happily,  and  be  soon 
restored  to  us,  is  the  prayer  of  all  heir  and  particularly  of,  , 

My  Lord, 
Your  Lops  most  faithfull  and  most  humble  srvant 

NICOLAS  DUNBAR. 

QUARTERING  ON  DEFICIENTS. 
ffor  the  Right  Honorable  the  Earle  of  ffindlater  at  Cullen  house  thes. 

MY  LORD 

Yisternigh  the  receavers  order  to  four  foot  sojors  and  their 
comander  to  quarter  on  the  shyre  for  the  Lambes  cess  cam,  and  this 
day  I  have  sent  them  out  to  your  Lop  and  my  Lord  Boynd  to  receive 
your  comandes.  If  your  Lop  will  cause  agree  with  them  for  a  respyte 
till  the  money  be  gotten  in  and  sent  south,  and  order  their  payment 
by  the  Collector  or  order  lists  to  be  given  them,  your  comands  shall  be 
obeyed.  There  is  a  late  act  anent  quartering.  I  know  not  what  it  is, 
but  the  persones  resting,  save  your  Lop  and  my  Lord  Boynd,  are  not 


APPOINTMENT    OF    NICOLAS    DUNBAR   AS    COLLECTOR    OF   CESS.      199 

considerable,  qrof  there  is  a  list  inclosed.  All  or  at  least  most  of  the 
money  I  have  gotten  in  is  payed  out.  There  is  109  th  i  ss  8d  ster: 
payed  of  this  termes  cess  for  qch  I  have  billes,  and  the  heall  terme  is 
only  191  fb  1435  ster.,  so  the  ballance  due  is  only  82  tb  12  ss  ^d  ster. 
I  have  given  this  account  to  my  Lord  Boynd. 

I  have  not  yit  sein  the  act  of  Parliat  anent  the  ne\v  cess  save  in 
Castelfeildes  handes,  nor  heard  any  thing  from  your  Lop  anent 
acquenting  the  Comissioners;  and  yrfor  on  the  heall  I  shall  vaite  your 
Lops  comands,  and  I  am. 

My  Noble   Lord, 
Your   Lops  most  humble  svant 

J.    DONALDSONE. 

Banff  6th  of  October  1698. 

SEDERUNT  Banff  October  n  1698: — Earle  of  Findlater,  Lord 
Boyne,  Sr.  Jon  Gordon,  Laird  Troup,  Forglen,  Durne  yr. 
Dunlugus,  Edengicht,  Culemvort,  Castellfeild. 

APPOINTMENT  OF  NICOLAS  DUNBAR  AS  COLLECTOR  OF  CF.SS. 

The  sd  day  the  Shiriff  deput  presented  ane  act  of  Parliat  dated  the 
30  day  of  July  1698,  whereby  theres  granted  to  his  Matie  eighteen 
months  cess  comencing  the  terme  of  Martimes  nixt,  by  the  wch  act  the 
Comrs  is  appoynted  to  make  choyse  of  ther  oune  Colector  and  Clerk, 
confonne  wherto  the  Comrs  have  nominat  and  appoynted  Nicolas 
Dumbar  of  Castlefeild  to  be  ther  Colector  for  the  said  scss,  and 
continue  James  Basken  to  he  ther  Clerk  for  the  sd  tymc  :  and  heirby 
ordaines  the  Clerk  to  send  furth  advertisments  to  the  shyre  for  making 
payment  to  George  Lesly  of  Birdsbank  the  two  months  suply  "payable 
at  Mertimes  nixt  at  the  rate  of  three  pounds  on  shilling  four  penies 
out  of  each  hundreth  pound  of  valued  rent  for  the  sd  terme,  as  also  to 
advertise  all  concerned  to  pay  in  to  Nicolas  Dumbar  of  Castlfeild 
Colector  on  months  suply  payable  at  the  sd  terme  of  the  rate  of  thertie 
shilling  eight  penies  Scots  for  every  hundreth  pound  of  valued  rent, 
making  in  all  foure  pounds  twelve  shillings  for  the  sd  terme,  and  this  to 
be  paid  at  or  befor  the  twenty  of  Nor.  next  wth  certification.  Nota. — 
The  Colector  and  Clerks  salaries  are  included  in  the  sd  4tb  12  sh. 


2OO 


RECORDS    OF    THE    COUNTY    OF    BANFF. 


THE  POLL  TAX  OF  1698. 

The  Comrs  in  obedience  to  ane  proclamation  of  Counsell  anent  the 
gathering  of  the  Poll  money  have  devyded  the  shyre  in  three  districts 
viz  Banff  Cullen  and  Keith;  and  for  the  district  of  Keith  appoynts 
Kempcarne,  Achyndachie,  Birknburn,  Edengicht,  Bracko,  Westertoun, 
Glengeroch  and  Arntilly  to  attend  at  Keith  on  the  termes  and  conforme 
to  the  act  and  proclamation  of  Counsell,  to  vvch  district  allowes  the 
parishes  of  Kirkmichall,  Inverawin,  Mortlich,  Skirdusten,1  Boharm, 
Botriffnic,  Keith,  Grange  and  Rothemay  to  come  in  and  give  up  the 
list  of  polable  persons  conform  to  the  act  of  Counsell : — for  the  district 
of  Cullen  the  E.  of  Eindlater,  my  Lord  Boyne,  Birkinbogg,  Durne 
elder  and  yor,  Sr  Jon  Cordon  of  Park  to  attend  at  Cullen  for  the  end 
forsd  wthin  the  parishes  of  Raft'en,  Bally,  Fordyce,  Deskfoord, 
Ordiwhill : — and  for  the  district  of  Banffe  appoynts  my  Ld  Boyne, 
Troupe,  Eorglan,  Culemvort,  Dunlugus  to  call  for  and  receave  the 
listes  of  all  polable  persons  within  the  parishes  of  Gemrie,  Banffe, 
Boyndie,  Alvach,  Abcrchirder,2  Inverkhny,  Forglan,  St.  Fergus  and 
Feterangus  and  Straloch  and  Gartly  to  attend  at  Banffe  for  the  end 
forsd  and  to  doc  everything  containd  in  conforme  to  the  act  of  Counsell, 
and  ordaines  the  Clk  to  send  such  intimations  of  the  haill  premisses  in 
full  forme  to  all  parishes  of  the  shyre.  FFINDLATER  I.P.C. 

For  the   Earle  of   Findlater  these  are. 
MY  NOBLE  LORD 

I  have  receaved  yor  Los  \vth  the  proclamation  anent  the 
pol,  and  now  it  is  imposible  to  doe  more  then  is  done  already,  the 
former  act  being  obeyd  and  the  shyre  devyded  in  severall  districts  and 
Comrs  appoynted  for  each  of  them.  As  for  my  self  I  have  done  what 
diligence  is  posible,  and  if  the  badnes  of  the  weather  doe  not  hinder 
bearers  to  travell,  I  hope  ther  shal  be  few  parishes  in  the  shyre 
unaquainted  the  nixt  Lords  Day.  This  is  all  the  account  I  nou  give 
yor  Lo,  and  only  add  that  I  am, 

My  Noble   Lord, 
Yor  Lo  devoted  and  obedient  servant 

J.  BASKEN. 
Banffe  October  aoth  1698. 


1  Now  known  as  Aberlour. 


2  Now  known  as  Marnoch. 


THE  POLL  TAX,  1667-1698.  2OI 

THE   POLL   TAX,    1667-1698. 

The  Poll  tax  had  now  for  some  years  emerged  as  an  independent 
source  of  national  revenue.  Starting  in  1667  as  a  measure  of  relief  for 
heritors  paying  supply,  continued  as  such  in  1685'  and  1690, 2  it  matured 
on  agth  May  1693  as  an  independent  impost  for  raising  revenue.  On 
that  date  the  Convention  Parliament  imposed  a  graduated  poll  or  pole 
tax  on  the  inhabitants  of  Scotland,  with  certain  exceptions,  to  clear 
off  arrears  due  by  the  crown  to  the  country  and  to  the  army  prior  to 
ist  February  1691.  This  Pole  was  farmed  out  and  was  payable  at 
Martinmas  1694.  The  following  letter  from  Sir  James  Ogilvie, 
Solicitor  General,  to  his  father  gives  a  short  account  of  the  impost, 
and  the  duties  of  the  Count}'  Commissioners  of  Supply  in  regard  to  it : 

Edr.  loth  October  1694.  3  My  Lord — I  did  detaine  the  bearer  till 
the  Councell  day  was  over,  that  I  might  be  able  to  retourne  yow  the 
most  distinct  anssre.  I  find  that  as  yet  the  commissioners  have  incurred 
no  penaltie  by  not  sending  up  ther  lists,  ffor  most  of  the  shyres  are 
defficient ;  hot  no  new  da}*  will  be  appoynted  for  that  affect.  And  it 
is  the  desyre  of  the  fermers  of  the  pole  that  the  countrey  be  negligent, 
ffor  in  that  caice  they  are  posetiwe  they  will  exact  the  quadruple,  and 
therfor  in  this  countrey  everiewhair  the  lists  are  complaited,  att  laist 
they  are  going  about  the  doing  of  it  with  all  dilligence.  And  therfor  I 
doubt  not  the  comssres  of  your  shyre  will  loase  no  more  tyme  hot 
prepaire  ther  lists,  and  send  exact  doubles  of  them  to  the  pole  office  in 
this  place.  I  find  lykewayes  that,  unless  the  accompts  due  to  the 
countrey  be  sent  over  heir  immediatlic,  the  shyre  will  loss  the  benefeit 
of  retaineing,  ffor  the  comssres  can  retaine  nothing,  hot  conforme  to 
staited  precepts  to  be  granted  by  the  Lords  of  Theasurie.  It  is  also 
fitt  that  the  cornissres  attend  the  seall  dyetts,  which  shall  be  appoynted 
by  the  fearmers,  att  laist  so  many  of  them  as  yow  shall  think  fitt  to 
appoynt  for  that  affect ;  and  they  are  unquystionablie  judges  of  all 
quystiones  that  shall  aryse  betuixt  the  countrey  people  and  the  fermers. 
As  to  gentlemens  sones  vnder  the  adge  of  sixtein,  in  this  countrey  they 
class  them  at  sixpence,  and  above  that  age  at  thrie  pound ;  bot  befor 
Mertimess  this  poynt  will  be  determined  by  ane  sentence  of  Councell, 
ffor  I  find  the  fermers  pretends  to  thrie  pound  without  distinctione  of 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   VIII.,   p.  483. 
*  Ibidem,  Vol.   IX.,  p.    151. 

3  Seafield  Correspondence  (Scot.   Hist.   Socy.),  pp.   152-3. 
A  2 


202  RECORDS    OF   THE    COUNTY   OF    BANFF. 

adge.  As  to  srvants  without  fie,  and  who  are  not  intertained  for  charitie, 
they  may  be  recked  at  sixpence.  I  intreat  yor  Lope  to  cause  these  in 
whom  yow  are  concerned  be  dilligent  in  prepaireing  ther  lists ;  as  also  I 
expect  the  bookes  of  accompts  and  other  documents  in  Burns  hand  will 
be  sent  up,  and  if  they  come  shortly  I  hope  to  procure  ane  precept.  .  . 

The  collection  did  not  turn  out  a  success ;  and  there  were  con- 
siderable arrears,  which  the  farmers  were  anxious  to  profit  by,  as  the 
penalty  of  non-payment  was  the  exaction  of  quadruple  the  tax.  To  allow 
this  would  have  caused  much  distress  and  discontent,  and  in  July  1695 
an  act  was  passed  turning  the  tack  of  the  poll  into  a  collection  on  the 
ground  that  the  levying  of  money  by  pole  was  new,  and  as  the  country 
and  others  concerned  had  not  observed  the  rules  and  ordinances  contained 
in  the  act  of  Parliament  thereanent,  the  tacksmen  were  unable  to  pay  the 
stipulated  tack  duty  unless  they  were  allowed  to  exact  the  penalties 
imposed  by  the  act,  which  would  have  tended  to  the  disturbance  and 
oppression  of  the  whole  kingdom  ;  therefore  his  Majesty  liberated  the 
said  tacksmen  from  the  said  tack  and  tack  duty,  providing  that  they 
should  make  just  count  and  reckoning  of  all  their  intromissions  with 
the  said  pole  money  as  if  they  had  been  only  collectors.  On  27th 
August  1695  the  Committee  of  Parliament  committed  Sir  John 
Cochrane  of  Ochiltree,  Harntoun,  and  Sir  James  Oswald,  farmers  of 
the  pole,  to  prison  till  they  should  give  up  their  books  and  accounts 
anent  the  last  pole.  It  seems  they  gave  satisfaction  to  the  Committee, 
for  they  were  next  day  at  liberty.  ' 

That  same  year  another  Poll  tax,  payable  at  Martinmas,  was  imposed; 
but  on  I3th  August  1696,  the  Privy  Council,  on  the  narrative  that  the 
poll  money  of  1695  did  still  for  the  greater  part  remain  unpaid, 
notwithstanding  all  the  diligence  that  hitherto  had  been  used  for 
uplifting  and  inbringing  the  same,  prorogated  the  term  of  payment 
until  i5th  October  ensuing,  and  discharged  the  penalties  to  which 
those  who  had  not  paid  were  exposed.  By  ist  April  1696  horning  was 
ordered  out  by  the  Privy  Council  against  the  collectors  of  the  pole  for 
not  paying  in  what  they  had  collected,  and  for  not  delivering  in  clear 
books  and  lists.  The  inhabitants  who  had  not  "  listed  and  payed  in  " 
were  also  to  be  sharply  dealt  with.  2  November  1697  saw  extreme  legal 
measures  against  those  in  Banffshire  who  had  failed  to  pay  the  tax.  On 
the  i8th  of  that  month  upwards  of  500  persons,  who  failed  to  compeir 
in  the  Sheriff  Court  of  Banff,  were  ordained  to  pay  quadruple  the 
tax.  The  list  of  these  deficients,  given  in  the  Transactions  of  the 
Banffshire  Field  Club  of  i8th  December  1903,  is  the  only  extant  relic 
of  the  Poll  books  of  Banffshire. 

1  Seafiekl  Correspondence  (Scot.  Hist.  Socy.),  p.   168. 

2  Ibidem,  pp.   189,   190  and  192. 


THE    POLL   TAX. 


203 


On  30th  August  1698  Parliament '  imposed  a  new  Poll  tax  to  defray 
arrears  of  pay  due  to  army  officers  and  to  the  captains  officers  and 
seamen  of  the  frigates  appointed  for  the  defence  of  the  coast,  during 
the  late  war.  The  preceding  minute  and  letter  give  the  procedure 
of  the  Commissioners  of  Supply  in  carrying  out  the  duties  placed  upon 
them  in  the  county. 

ATT  ffordyce  the  last  day  of  Januaric  Jajvj&  and  fourescoir 
nyntein  yeires:  Sederunt  of  the  Comissioners  of  Supply  of 
the  Shyre  of  Banff  viz : — The  Earle  of  ffindlater,  My  Lord 
Boynd,  Sir  Jon  Gordone  of  Park,  The  Laird  of  fforglen,  Sir 
William  Dunbar  of  Durne,  Jon  Innes  of  Edingeith,  George 
Leslie  of  Burdsbank,  the  Laird  of  Durne  yer  and  M1.  William 
Joass  of  Colleynard,  who  all  choised  the  Larle  of  ffindlater 
for  preses  of  this  meiting. 

PROPORTIONING  THE  CESS. 

The  sd  day  the  Comissioners  doe  proportion  and  stent  the  cess 
payable  at  Candlmesc  nixt  to  come  being  thrie  monethes  at  thrattie  one 
shillinges  and  tuo  pennies  Scots  money  upon  eacli  hundreth  pound 
valued  rent  of  79200  Ib.  valued  rent  of  the  shyre,  and  that  monethlie 
extending  for  the  sds  thrie  monethes  to  ffoure  poundcs  thrattein 
shillinges  and  six  pennies  for  the  sd  tearme ;  and  ordeines  the  Clerk  to 
send  out  intimationes  to  each  parish  of  the  shyre  requyreng  all  persones 
concerned  imediatlie  to  pay  in  their  cess  at  the  sd  rate  to  Nicolas 
Dunbar  of  Castelfeild  Collector  of  the  cess  of  the  sd  shyre. 

THE  POLL  TAX. 

Lykas  in  regaird  the  Counsells  proclamatione  came  late  to  this 
shyre  anent  the  pole  money,  whereby  those  concerned  have  not  till  of 
late  received  advertisments  tymlie  to  pay  in  their  pole  money,  therefor 
recomend  to  the  Larle  of  ffindlater  and  Lord  Boynd  to  wryte  to  the 
ffarmer  of  the  pole  and  informe  theireanent,  and  desyre  sometym  may 
yit  be  allowed  to  any  who  have  not  yit  payed  their  pole,  that  they  may 
yit  come  without  danger  or  hazard. 

FFINDLATER,    I.P.C. 
'The  Acts  of  the  Parliaments  of  Scotland,  Vol.   X.,  pp.   152-4- 


204  RECORDS  OF  THE  COUNTY  OF  BANFF. 

REGULATIONS  FOR  BURIAL  OK  THOSE  WHO  DIED  OF  FAMINE. 

AT  Cullen  the  threteinth  day  of  Junij  Jajvj&  and  four  score 
nynetein  yeares.  Sederunt : — The  Earle  of  ffindlater,  The 
Laird  of  fforglen,  My  Lord  Boyne,  The  Laird  of  Durne 
yor.,  Sr  James  Abercrombie  of  Birkenboig,  The  Laird  of 
Coleonard,  The  Laird  of  Bracco,  The  Laird  of  Castelfeild. 


The  said  day  for  saemuch  as  the  inhumanitie  of  the  peopell  of  the 
countrie  is  heightned  to  that  degree  that,  notwithstanding  of  the 
extraordinar  death  of  maney  people  in  the  samen  by  sicknes  and 
famine,  they  willfully  neglect  to  burie  the  dead  or  carry  them  to 
convenient  buriall  places  qrby  pestilence  may  ensheu :  Enacts  and 
ordaines  that  all  persones  next  adjacent,  where  any  persone  deceise,  on 
ane  call  doc  frequently  meit  and  conveen  and  transport  the  sd  deceised 
person,  and  give  deu  attendance  whill  the  corps  deceised  be  decently 
interred  in  the  nixt  adjacent  convenient  burriall  place:  With  certifi- 
catione  the  refusers  absent  and  deficients  to  doe  there  dewtye  as  said  is 
to  be  fyned  in  twcntie  shillings  Scots  toties  quoties,  qch  is  hereby 
inacted  to  lie  exacted  be  the  nixt  Constable  by  order  of  the  nixt 
Justice  of  Peace  to  be  applyed  be  him  towards  the  use  of  the  poore, 
and  the  Constables  and  Justices  of  Pace  negligent  of  there  dewtye  to 
be  taken  specall  notice  of.  Thir  piits  signed  be  the  preces  in  the  name 
of  the  Comissers,  ordaineing  thir  piits  to  be  intimat  at  the  paroche 
churches  nixt  Lord  day,  qranent  the  Comissioners  warrand  there  clerk 
to  issew  out  intimationes  relative  to  thir  pnts. 

FFINDLATER    I.P.C. 

Ftor  the  Earle  of  Findlater  these  are. 

MY  NOBLE  LORD 

I  have  obey'd  yor  Lo.  last  letter  punctually,  and  now  I  must 
begg  yor  pardon  that  I  am  not  able  to  attend  yor  meeting  my  selfe, 
being  troubled  wth  the  gout  and  other  personall  innrmittie,  but  I  have 
conduced  wth  John  Donaldsone  to  officiat  for  me  and  wait  upon  yor 
Lo.  and  the  rest  of  the  Com",  who  I  doubt  not  wil  be  acceptable ;  and 


ANENT  THE  POLL  AND  BEGGARS.  205 

when  I  receave  further  comands  from  yor  meeting  I  shall  study  to  obey 
them  so  farre  as  is  in  the  power  of, 

My  Noble  Lord, 

Yor  Los.  devoted  serv' 

J.  BASKEN. 
Banffe  July  30th  1699. 

ANENT  THE  POLL  AND  BEGGARS. 

ATT  ffordyce  the  thirteinth  day  of  November  Jajvj&  and  four 
score  nynetein  yeares:  Sedetunt  Sr  Wm  Dunbar  of  Durne, 
James  Dunbar  younger  vrof  and  Robert  Grant  of  Dunlugus, 
Mr.  William  Joass  of  Coleanard  and  Nicolas  Dunbar  of 
Durne.1 

The  Comissioners,  haveing  considered  the  acts  of  the  Hoiill  Lords 
of  his  Majestyes  Counsell  anent  the  Poll  peyable  in  January  nixt  and 
anent  beggars,  ordaines  the  Comissioners  of  the  seall  districts  to  meit  at 
there  seall  places  appoynted  for  meitting,  to  %sitt  Banff  Cullen  and 
Keith  upon  Weddensday  the  twentie  second  instant  for  ordereing  the 
matters  and  contained  in  the  saids  proclamationes ;  and  ordaines 

intimationes  yrof  to  be  subjoyned  to  the  intimatione  of  the  cess,  and 
that  all  persones  lybell  in  Poll  conveen  the  forsaid  tymes  and  places, 
and  class  themselves  and  deliver  the  samen  to  there  Clerk  to  be  by  him 
transmitted  to  the  Thesaurie  betwixt  and  the  fyfteinth  of  December 

nixt. 

Wm.  DUNBAR,     ROT  GRANTT, 

JA.  DUNBAR,     W.  JOASS, 
NICOLAS  DUNBAR. 

RULES  AGAINST  HARBOURING  OF  VAGABONDS  ETC. 

AT    ffordyce   the    nynteinth    day   of    Jany    ane    thousand   sevin 
hundreth   yeares:     Sederunt  as   Comissioners  of    Suplie:  — 
My  Lord  Boyne,  Mr.  Wm.  Joass  of  Coleonard,  John  Innes 
of    Edingeith,    James    Dunbar   of    Durne,    Sr   James  Aber- 
crombie  of  Birkenboig. 

Boyne  appointed  preses.     The  ordinary  cess  proportioned. 

1  Clerical  mistake  for  Castlefield. 


206  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  said  day  the  Comissioners  and  heritors,  conveened  for  the  tyme, 
tacking  to  there  consideratione  that  theiffeing  pillffereing  bracking  of 
houses  barns  sheallings  and  rukeing  of  corns  furth  of  corne  yeards, 
sheep  out  of  coats,  and  oyr  maniefest  daylie  and  nightlie  theiffeing 
and  stealling  mightily  abounds  within  the  countrie  and  shyre  to  the 
maniefest  and  utter  distructione  of  many  honest  and  weill  lyveing 
famiely,  and  to  the  great  loass  of  many  countriemen,  which  theifts  and 
oyrs  are  committed  pairtlie  by  wagabonds  beggars  and  uyr  pillffereing 
and  kuneing  young  boyes  young  weemen  and  children,  and  by  these 
who  live  in  the  country  who  have  not  sufficient  wayes  and  means  of 
lyvelihoode  for  there  susteantance,  and  hes  such  insignificant  and  mean 
possessiones  and  habitationes  of  seall  maisters  and  heritors  and 
tenenants  and  subtacksmen,  that  it  is  palpable  they  cannot  live  yrby, 
without  makcing  use  of  bad  ends  for  there  lyveing  and  maintaineing 
themselves,  and  incouradges  them  to  intyce  and  keep  underhand 
dealleing  with  honest  men  servants  to  pillffer  and  undermyne  yr 
maisters  by  theiffeing  and  stealing  of  yr  maister  effects  and  goods,  and 
qch  are  often  and  maney  recept  by  such  kynd  of  persones  to  the  great 
opprobere  of  the  countrie  and  honest  dealling :  Therefor  the  Comis- 
sioners arid  heritors  forsaids  statuts  inacts  and  ordaines  that  no 
extraneous  wagrant  or  stranger  beggar  young  or  old  wagrant  or 
unknowen  persone,  without  sufficient  testificat  seen  and  approven  by 
ane  Comissioner,  kuneing  young  boyes  or  lasses  beis  intertained  in 
meat  drink  or  harboureing  be  an}'  persone  or  persones  qtsomever,  of  what 
qualitie  or  degree  they  be  of,  within  there  houses  or  one  there  lands 
steadings  or  there  possessions  any  tyme  or  space  whatsomever,  under 
the  penultie  of  three  punds  Scots  money,  toties  quoties  they  be  found 
to  contraveen  thir  presents,  and  be  found  to  have  intertained  or  given 
meat  drink  or  harboureing  to  any  such  persone  as  is  above  wrn,  and 
be  holden  esteemed  and  repute  as  airt  and  pairt  contryver  and  abetter  of 
there  theifteous  proceidings  and  deallings,  and  to  be  lyable  processed 
and  proceided  agst  as  such  confforme  to  the  lawes  and  acts  of  Parliat 
and  Counsell  statute  in  the  lyk  caises,  and  that  for  the  futur  noe  heritor 
or  oyr  tenents  or  subtenents  presume  or  tack  upon  hand  directly  nor 
indirectly,  under  whatsomever  coller  or  pretext,  to  sell  or  give  tacks  or 
assedationes  to  noe  persone  or  persones  whatsomever  under  ten  merks 
money  of  yearlie  rent  and  dewtye,  and  have  ane  knowen  honest  way  of 


ARREARS    OF    CESS.  207 

lyveing  and  mantaineing  themselves  and  families,  except  such  are 
actuallie  men  servants  and  who  work  to  them  for  their  land,  and  such 
as  tradesmen  who  lykways  have  ane  honest  way  of  lyveing,  and  that 
under  the  faillzie  of  twentie  punds  Scots  money  toties  quoties  to  be 
peyed  be  the  contraveners,  besydes  being  lyable  for  all  damnadges  that 
may  hapen  to  be  found  to  be  comited  by  any  such  persone  harboured  be 
any  of  them,  or  on  there  possessiones  lands  tacks  or  stedings  oyrwayes 
nor  is  abovewrine,  as  said  is :  And  ordaines  everie  paroch  in  the 
shyre  to  intertaine  and  maintainc  the  poor  of  there  owin  parodies,  who 
are  to  have  testificats  for  the  boundes  yrof  to  be  given  them  be  the 
sessione  clerks  gratis  for  there  intertainement  as  said  is  within  the 
samen,  conforme  to  the  acts  of  Counsell  in  that  case  ordained  :  And 
whereever  any  such  wagrant  kuneing  or  extraneous  begger  or  oyr 
persone  beis  found  within  any  paroches,  to  be  apprehendit  and  trans- 
mitted be  heritor  to  heritor  untill  they  be  out  of  there  bounds  and  at 
last  delivered  to  the  Magistrals  of  Banff,  to  be  by  them  mantained  and 
intertained  as  is  injoyned  and  appoynted  be  acts  of  Counsell :  and 
ordaines  ane  double  of  this  present  act  to  be  transmitted  and  intimate 
publictly  with  the  intimationes  of  the  cess  at  ilk  paroch  church,  yt 
none  pretend  ignorance. 

PATRICK  OGILVIE,  I.P.C. 


During  1699  and  1700  the  Commissioners  of  Supply  were  exercised 
by  a  claim  of  the  general  receivers  of  cess,  James  Oswald  and  James 
Dunlop,  for  £2738  i6s.  8d.  arrears  of  cess  preceding  February  1691. 
A  warrant  was  issued  at  their  instance  on  3rd  January  1699,  and  when 
the  Commissioners  met  next  month  at  Cullen  on  28th  February  a  party 
was  lying  on  the  shire  for  this  old  deficiency.  The  meeting  referred 
the  settlement  of  the  matter  to  the  County's  agent,  Mr.  James  Baird  of 
Cullen,  Writer  to  his  Majesty's  Signet,  Edinburgh,  and  as  his  three 
letters  to  the  Earl  of  Findlater  explain  the  matter  better  than  the 
formal  minutes  of  28th  February,  gth  and  loth  May,  i3th  June  and 
I3th  November,  all  1699,  and  igth  March  1700,  these  letters  are  given. 
The  matter  of  the  arrears  on  account  of  Lord  Boyne  and  Lord 
Auchintoul's  cess  of  1689  is  interesting.  As  Judges  of  the  Court  of 
Session  in  James'  reign  their  cess  was  counted  towards  their  salaries ; 
but  after  the  Revolution  no  allowance  was  given  them  for  the  cess  due 
by  them  at  Whitsunday  1689.  Hence  the  claim  against  the  county  for 
part  of  the  arrears. 


208  RECORDS  OF  THE  COUNTY  OF  BANFF. 


MY  LORD 


For  the  Earl  of  Findlater. 

Edr.  I4th  Jully  1699. 


Tilliebodie  hes  this  morning  payed  Bracco  and  Birkenbogs  bill,  and  I 
hade  receaved  payement  of  these  draven  upon  William  Dumbar  some 
time  befor,  and  I  have  appoynted  this  afternoon  to  meett  with  Sr  James 
Oswald  and  James  Dunlop  in  presence  of  fforgland  on  of  your  com- 
missioners in  ordore  to  clearing.  By  the  letter  I  sent  your  Lope  last 
post  vow  will  sie  that  the  account  which  was  inclosed  yrin,  and  which 
they  extracted  from  of  ther  books,  differs  both  from  ther  ordor  of 
quartering  upon  the  shyre  and  the  account  your  Lope  sent  to  me  with 
the  bills,  for  clearing  conforme  thertwo.  When  I  told  them  this  they 
saved  ther  bookes  was  ther  rule,  and  that  was  ther  chairge ;  and  they 
might  give  ordore  for  quartering  for  more  or  less  as  the}'  pleased,  hot 
yowr  shyre  behooved  to  pay  up  all  conforme  to  that  account  or  instruct 
that  vow  have  alreadie  done  the  same ;  so  I  expect  the  ballance  so 
soone  as  is  possible,  ff'or  without  both  that  and  the  Lords  of  Sessions 
proportion  for  the  terme  of  Wittsonday  1689  I  can  not  obtaine  ane 
gerall  discharge  to  the  shyre.  This  forenoone  in  the  Thearie  roome  in 
presence  of  the  Lords  of  Thearie  and  my  Lord  Seafield  I  did  represent 
the  cace  of  the  Lords  of  Session  as  to  that  termes  cess,  to  which  it  was 
ansred  that  the  caice  was  fully  vnder  considdera°ne  at  clearing  accounts 
with  Sr  James  Oswald  and  James  Dunlop,  and  by  a  publict  act  of  the 
Thearie  they  have  discharged  any  allowance  of  that  termes  cess  to  be 
granted  to  the  Lords  of  Session,  declairing  that  the  same  should  not  be 
allowed  to  them  in  ther  accounts,  and  the  sd  act  is  lyeing  in  Sr  Thomas 
Moncreiff  his  hands.  Your  Lope  will  therfor  be  pleased  with  all 
dilligence  to  call  a  meetting,  and  ordore  the  remitting  into  my  hand 
what  is  wanting  upon  both  these  accounts,  that  a  generall  discharge 
may  be  obtained  and  sent  home  to  be  regrat  in  your  books.  Moreover 
James  Dunlop  tells  me  that  he  hes  Burdsbanks  bond  for  30  tib  ster; 
bot  that  the  shyre  naither  is  discharged  nor  did  he  accept  of  the  bond 
as  pay',  and  sayes  he  will  quarter  upon  the  shyre  for  it.  I  knowe  not 
who  wer  his  caurs  at  that  time,  bot  by  nixt  I  shall  let  your  Lope 
vnderstand  the  matter  better.  I  have  in  the  mean  time  thought  this 
advertisement  due.  I  wish  my  Lady  and  the  Maister  all  happieness, 


ARREARS    OF    CESS.  2OQ 

and  pray  for  good  newes  concerning  hir.     My  Lord  Seafeild  will  be 
soone  with  yow.     I  ame, 

My  Lord, 

Your  Lops  most  deutiefull  most  humble  and  most  obedient  servant 

JA.   BAIRD. 

For  the  Right  Honourable  the  Earle  of  ffindlater. 

Edr.   :8th  Jully  1699. 
MY  LORD 

I  have  alreadie  acquanted  your  Lope  that  the  bills  sent  to 
me  for  clearing  the  debentar  due  by  the  shyre  of  Banff  to  Sr  James 
Oswald  and  James  Dunlop  comes  short  of  ther  chairge  agl  the  shyre, 
and  when  your  Lope  and  the  commissioners  sies  the  account  I  last  sent, 
yow  will  by  compairing  it  with  the  bills  and  allowances  to  the  Lords  of 
Session  easely  sie  what  more  money  will  be  necessary  to  be  remitted  in 
ordore  to  the  obtaining  a  generall  discharge.  The  last  articles  in  Boyne 
and  Auchentoules  account  of  deductions  viz  for  the  terrne  of  Wittsonday 
1689  will  not  at  all  be  allowed,  bot  upon  the  contrar  by  a  publict  act  of 
the  Theasurie  the  tacksmen  are  expressly  discharged  to  give  any 
allowance  to  the  Lords  who  wer  then  in  office  for  that  terme,  and 
accordingly  they  have  all  payed  up,  so  they  most  pay  it  in  presently 
that  the  shyre  be  not  quartered  upon.  My  Lord  Seafeild  can  informe 
both  yor  Lope  and  my  Lord  Boyne  that  he  was  present  when  I  gott 
this  ansre  from  the  Lords  of  the  Thearie,  so  that  my  endeavors  have 
not  bein  wanting  in  the  matter.  The  tacksmen  are  satisfied  to  allowe 
all  the  rest  of  the  deductions  conforme  to  your  Lopes  and  Mr.  William 
Joss  attesta°ne  inclosed,  bot  I  have  returned  it  to  your  Lope  that  the 
then  collectors  (who  ever  they  wer)  may  acknouleadge  that  they  have 
gott  allowance  therof  from  the  tacksmen.  All  this  would  be  gone 
about  als  soone  as  is  possible,  for  it  is  convenient  now  to  have  ane 

finall  discharge.     I  ame, 

My  Lord, 

Your  Lops  most  deutiefull  most  humble  and  most  obedient  servant 

JA.  BAIRD. 

The  collectors  may  subjoyne  ther  receipt  of  allowance  to  your  Lops 
and  Mr.  Wm.  Joss  subscriptions,  and  let  them  except  the  forsd  terme  of 
Witts:  89  out  of  it. 

B  2 


2io  RECORDS    OF   THE    COUNTY    OF    BANFF. 

For  the  Earl  of  Findlater. 

Edr  26th  Mairch  1700. 
MY  LORD 

I  hade  the  honour  of  your  Lops,  and  tho  I  doe  not  knowe  Mr. 
Scott  of  Prestouns  Dragoons  now  quartering  upon  the  shyre  of  Banff, 
I  ame  truely  sorie  that  he  should  have  acted  so  foolishly  and  incon- 
sidderatly  with  the  gentlemen  of  the  shyre,  and  particularly  with  my 
Lord  Seafeilds  tennents,  who  is  so  farr  removed  from  them  himselfe, 
and  that  not  only  upon  his  oun  account,  but  lykewayes  upon  the 
account  of  those  gentlemen  who  are  his  constituents,  who  may  suffer 
for  his  fault,  tho  innocent.  If  fforglen  (who  was  mightely  concerned 
when  he  receaved  the  first  account  of  it)  hade  prosecute  him  so  farr  as 
he  might  have  done,  he  would  have  not  only  gott  him  suspended  from 
his  command,  which  he  exercises  in  such  a  tyranical  maner  yr,  hot 
would  lykewayes  have  got  him  putt  to  ane  other  way  of  gaining  his 
bread  then  by  the  sojcr  craft,  and  that  without  troubling  my  Lord 
Seafeilds  ears  with  it :  and  his  cariage  deserved  no  better  treatment,  tho 
his  lenety  would  not  impose  it.  However  I  make  no  doubt  bot  Mr. 
Dunlop,  by  whose  authority  he  should  and  does  act,  will  make  him 
senceable  how  farr  be  hes  gone  out  of  his  road,  and  that  he  will  find 
himselfe  concerned  to  come  and  beg  your  Lope  and  my  Lady  Seafeild 
pardon  in  mor  submissive  termes  then  can  be  desired. 

He  is  ordered  to  remove  from  quartering  upon  the  shyre  with  the 
pairtie  under  his  command,  being  payed  quartering  money  conforme  to 
the  act  of  Parliat  for  the  651  lib  ijs  4d  yet  resting  of  that  old  debentar, 
and  that  only  from  the  time  of  his  intimation  of  his  last  orders  of 
quartering  receaved  from  Oswald  and  Dunlop  in  January  last ;  and  if 
he  hes  aither  receaved  money  or  poynded  for  more,  he  is  to  restore  it 
againe  upon  his  perell,  and  he  is  to  be  payed  for  no  more  then  have 
bein  actually  locally  quartered  upon  the  shyre. 

I  ame  sorie  your  Lope  or  the  Commissioners  should  chairge  me 
with  the  neglect  of  not  sending  north  the  receipt  of  the  1400  lib  odd 
money  payed  in  Jully  last.  Its  true  it  might  have  bein  als  well  their  as 
wearing  in  my  letter  case  all  the  time  since ;  bot  I  did  not  think  that 
they  would  have  taken  3  quarters  of  a  yeare  to  deliberate  upon  pay1,  of 
the  ballance  as  they  have  done ;  and  upon  the  contrar  I  was  ashured 


ARREARS   OF   CESS.  21 I 

money  would  have  been  immediatly  sent  up  for  clearing  of  it,  and  so  I 
thought  it  neidless  to  remit  home  that  which  was  presently  to  be 
returned  back,  especially  seing  I  sent  a  letter  of  advice  showeing  that 
it  was  payed  and  a  removal  of  the  pairtie,  and  have  ever  keept  of  ane 
new  on  till  now  that  I  was  asheamed  to  ask  any  furder  forbearance ; 
and  your  Lope  and  Capt  Basken  most  bear  me  witnes  that  in  many 
letters  to  you  both  I  have  warned  the  shyre  of  ther  dainger,  and  as 
things  have  happened  it  is  als  well  as  it  is,  ftbr  if  my  letter  was 
produced  to  Mr.  Scott  telling  when  it  was  payed,  backed  with  the 
Commissioners  affirming  the  same,  he  ought  to  have  given  credit  to  it ; 
bot  for  clearing  all  to  be  treuth  receave  it  here  inclosed. 

The  found  that  is  nou  sent  is  not  good  yet  for  that  ballancc,  being  a 
bill  drawen  by  Bracco  and  Birkenboge  upon  fforglen,  Tulliebodie,1  or  my 
faither  in  law2  payable  to  me.  The  first  and  last  haveing  non  of  the 
effects  have  refuised  to  accept  or  pay,  and  Tulliebodie  is  up  the  waiter 
at  his  oun  house;  and  truely  for  myselfe  I  hade  not  so  much  money  at 
the  time  by  me  as  would  afisre  it,  naither  was  it  congruous  for  me  to 
whom  it  was  drawen  payable  to  pay  it  with  my  oun  money.  It  hade  a 
clause  in  it  lykewayes  which  rendered  it  some  what  unacceptable  viz. 
lhal  the  drawers  should  have  releife  off  each  other,  bot  if  I  hade  hade 
the  money  I  would  not  have  stood  at  all  those  scruples.  I  ame 
resolving  to  send  ane  express  to  Tulliebodie  with  it  to-morrow,  and  if  he 
refuise  it,  it  shall  be  returned.  Bot  the  clear  easie  and  regular  way 
will  be  to  pay  in  the  money  to  my  Lady  Seafeild,  and  take  a  plain  bill 
of  4  lines  for  it  aither  upon  fforglen  or  my  faither  in  law,  who1  ansre  it 
upon  sight  to  me  or  any  to  whom  it  is  made  payable.  And  this  or 
some  other  effectual  course  most  be  presently  taken  or  uynvayes  the 
pairtie  will  be  ordored  to  quarter,  bot  not  under  the  command  of 
Mr.  Scott. 

Its  strainge  that  the  former  allowances  of  those  times  given  by  my 
Lords  Boyne  and  Auchentoule  then  Lords  of  Session  conforme  to  ther 
valoua°nes,  and  which  was  attested  by  some  of  the  Commissioners,  and 
was  long  agoe  senl  by  me  lo  your  Lope  to  gett  Ihe  Collectors  of  these 
times  ther  atlestations  or  rather  declara°ns,  that  ther  was  allowance 

'  Alexander  Abercrombie,  second  son  of  Sir  Alexander  Abercromliie  of  Birkenbog,  and 
son-in-law  of  Bracco. 

2  John  Anderson,   Depute  Clerk  of  the  Privy  Council  of  Scotland. 


212  RECORDS  OF  THE  COUNTY  OF  BANFF. 

therof  given  to  them  dureing  the  time  of  ther  intromissions  by  the  sds 
receavers,  is  not  as  yet  returned,  ffor  without  that,  although  all  the 
money  wer  heir  in  specie,  we  would  obtain  no  generall  discharge  from 
them.  Therfor  your  Lope  and  the  Commissioners  will  take  speciall 
nottice  that  that  be  returned  in  that  ordore,  with  this  receipt  now  sent, 
and  what  other  receipts  or  payts  you  have  credit  for  in  the  account  sent 
you  by  Mr.  Dunlop,  and  ther  will  be  no  difficulty  to  clear  the  whole 
matter.  Ther  is  a  removall  given  in  the  mean  time,  which  fforglen  will 
send  with  Mr.  Dunlops  letter  to  Mr.  Scott;  and  fforglen  and  I  both  are 
ingadged  that  no  time  shall  be  lost  in  remitting  clearness  and  payt. 
What  small  expenses  I  have  bcin  at  upon  this  occasione  or  may  be  at  I 
neid  not  mention,  it  being  bot  inconsidderable.  I  remitte  it  to  your 
Lope  and  the  Commissioners,  and  ever  ame, 

My  Lord, 

Your  Lops  most  deutiefull  most  humble  and 
most  obedient  ser1 

JA.  BAIRD. 

After  wrcatting  of  what  is  above,  I  and  fforglen  have  conserted,  and 
he  hes  become  debtor  for  the  money  contained  in  Bracco  and 
Birkenbogs  bill,  and  hes  drawen  bill  upon  them  for  the  same  payable  to 
my  Lady  Seatield  at  thrie  daycs  sight. 

THE  BANFFSHIRE  POLL  LISTS  OF  1698. 

The  two  next  letters  may  afford  a  clue  to  the  discovery  of  the  lost 
Poll  books  of  Banffshire. 

For  the  Earle  off   Findlater. 
MY  NOBLE  LORD 

In  my  last  to  your  Ldsp.  I  gave  you  ane  accompt  that  I  hade 
sent  south  the  poll  lists  qch  were  given  in  to  me  from  the  district  off 
Banff,  and  with  this  last  post  I  hawe  receaved  ye  inclosed  from  James 
Baird  upon  recept  of  them.  As  for  the  lists  I  got  from  ye  districts  of 
Cullen  and  Keith  I  did  according  to  your  Lo.  order  send  them  south 
the  nixt  morning  by  post,  and  did  wreate  to  James  Baird  to  whom  I 
sent  them,  that  if  he  found  aney  difficultic  in  getting  them  taken  off 
his  hand  he  would  apply  to  ye  Laird  of  Forglan,  who  will  give  him  his 
concurence,  and  when  I  get  aney  return  from  him  I  shall  give  your  Lo. 


THE    BANFFSHIRE    POLL    LISTS    OF    1698.  213 

ane  accompt  therof.  What  further  is  containd  in  James  Bairds  letter 
to  me  your  Lop.  may  take  what  course  ye  think  fitt  therin  ;  so  wishing 
your  Losp.  and  all  yours  ane  happy  new  yeare,  according  to  my  deuty 
I  subscryve  myself, 

My  Noble  Lord, 

Yor  Lops  most  oblidged  and  obedient  serv' 
Banff  Decbr  23:99.  J.  BASKEN. 

For  the  Earle  off  Findlater. 
MY  NOBLE  LORD, 

I  told  you  in  my  last  that  I  sent  south  ye  lists  of  ye  pole 
as  your  Lo.  ordred  me ;  and  I  have  now  receaved  ane  line  from  James 
Baird,  who  tels  me  they  came  to  his  hand  wery  oportunly,  and  delivered 
them  to  Sir  Thomas  Moncreiff  the  day  before  the  tyme  apoynted  by  ye 
act  of  Parliament.  He  \\reits  in  this  letter  anent  ye  debentur  of  the 
shyre  as  he  did  in  the  first,  and  I  have  showen  ye  leter  to  James  Cock, 
that  he  may  aquant  your  Lop  therwith. 

My  Lord  this  day  I  did  see  ane  packet  direct  to  the  Shireff  deput 
and  desyned  Collector  of  the  poll  money.  I  have  bein  att  great  trouble 
and  expenss  about  that  affair  already,  so  that  I  am  hopefull  your  Lop. 
will  be  so  just  as  not  to  ingaidge  me  further  in  yt.  bussiness,  since  I 
judge  myself  not  to  be  concerned  therwith ;  but  both  in  this  and  every 
thing  els  I  shall  still  be  at  your  Lo.  disposal  as  it  becomes, 

My  Noble  Lord, 
Your  Lops,  most  oblidged  and  duetyfull  servant 

J.  BASKEN. 
Banff  Jar  3:1700. 

THE   BURGHS   OF  BARONY  OF  BANFFSHIRE  AND  THE 
COMMUNICATION  OF  TRADE. 

The  Records  of  the  Convention  of  Royal  Burghs  (1677-1711)  at 
pp.  302-3  bear  on  the  subject  of  next  minute.  The  Burghs  of  Barony 
in  the  shire  named  in  the  said  minute  do  not  conforme  to  the  following 
list  given  in  1691  by  the  Convention  of  Burghs, — "  Miltoune  of  Ball- 
venie,  Newtoune  of  Edinglassie,  Keith,  Carnousie,  Newtoune  of  Park, 
Newmilne  of  Strylaie,  Rothemey,  all  dry  burghs  of  ane  inconsiderable 
trade,  Downe  and  Portsoy,  seaports  and  burghs  of  barronie."1  In  next 

•Records  of  Convention  of  Royal  Burghs  (1677-1711),  p.  643. 


2I4 


RECORDS   OF   THE    COUNTY   OF    BANFF. 


minute  the  burghs  of  Balvenie,  Newtowne  of  Edinglassie  and  Carnousie 
are  omitted,  probably  because  they  were  so  inconsiderable,  while  the 
burghs  of  Fordyce  and  Rathven  are  added,  though  not  named  in  the 
Convention  list. 

ATT  ffordyce  the  last  of  Appryll  Jajvjj&  yeres.  Sederunt  of 
Comissioners  of  Suplie  of  Banfshyre — Sir  John  Gordone  of 
Park,  Charles  Gordon  of  Glengarrock,  Alexr.  Duff  of  Bracco, 
James  Dunbar  of  Durne,  Sr  James  Abercrombie  of  Birkenboig, 
Mr.  William  Joass  of  Coleonard,  Nicolas  Dunbar  of  Castelfeild. 

The  said  day  the  Commissioners  of  Suplie  abovevrine  conveened 
for  the  tyme  have  nominal  and  chossen  Alexr.  Duff  of  Bracco  to  be 
preses  to  this  present  meitteing. 

The  said  day  the  act  of  the  Comissione  of  Parliament  for  setleing 
the  comunication  of  traid  daited  at  Ed',  the  twentie  day  of  Merch 
last  bypast  %ves  presented  to  the  saids  Comissioners,  qrby  conforme  to 
the  import  yrof  they  have  caused  emitt  intimatione  at  the  haill 
paroches  churches  of  the  shyre,  rcquireing  the  haill  inhabitants  of  the 
brughs  of  rcgalatie  and  barronie  and  uyrs  unfrce  traiders  to  meet  this 
day  and  place,  in  order  to  the  receiving  from  them  and  to  hear  what 
everie  brugh  will  offer  and  undertake  to  pey  of  the  taxt  roll  of  ane 
hundreth  punds  of  the  royall  burrowes  for  obtaining  the  communi- 
catione  of  traid  mentioned  in  the  said  act  and  former  acts  of  Parliament 
wherto  the  samen  relaits  made  yranent,  and  to  hear  what  the  royall 
burrowes  within  the  said  shyre  shall  object  against  the  said  offers,  and 
to  receive  and  consider  what  arguments  probatione  or  evidence  may  be 
aduced  hinc  inde  for  the  better  staiteing  and  adjusteing  of  the  said 
quota,  and  sett  downc  yr  opinione  yranent,  and  to  report  yr  opinione 
yranent  to  the  Comissione  of  Parliament  or  yr  Clerk  against  the  first  of 
Junij  next  to  the  effect  and  with  certificatione  in  maner  mentioned  in 
the  said  act  of  the  Comissione  of  Parliament  for  setleing  the  said 
comunicatione :  The  Comissioners  efter  consideratione  and  full  inquirie 
find  that  there  is  not  ane  brugh  of  regalitie  within  the  whole  Shirreff- 
dome  of  Banff,  and  so  there  can  be  noe  offer  made  be  or  for  them  : 
Compeired  Sr  John  Gordone  of  Park  for  his  brugh  of  barronie  of 
New  Park  and  protested  that  he  may  be  freed  and  the  burges  of  his 
brugh  of  the  stent  imposed  preceiding  Mertimas  Jajvj&  and  nyntie 
nyne  and  in  tyme  comeing,  in  respect  two  of  the  traiders  of  his  brugh 


BURGHS   OF    BARONY   AND   THE    COMMUNICATION    OF   TRADE.       215 

were  burges  of  Banff  and  peyt  scot  and  lot  to  the  brugh  of  Banff  for 
there  tradeing,  and  ane  stent  being  latly  imposed  and  thraitned  with  ane 
panlie  was  forced  to  pey  in  fyftie  punds  to  ther  nominat  colecter 
James  Paterson  in  respect  of  the  said  burden  and  stent  presently  peyed: 
Qrunto  ansered  be  the  Provest  of  Banff,  that  the  said  two,  although 
made  burgesses  of  Banff,  there  admission  could  allow  them  no  further 
but  within  the  towne  of  Banff  and  liberties  and  teritories  to  trade, 
and  that  the  inhabitants  of  brughs  of  barronie  and  such  as  shoemakers 
traidsmen  weavers  and  sellers  of  sush  were  lyable  in  the  stent:  and 
what  wes  done  wes  exactly  conforme  to  the  commissione  and  act 
made  yranent  and  imposed  be  fyftein  honest  men  enclosed  in  ane  room 
for  that  end.  Replyed  be  Sr  John  that  he  conceives  the  act  does  not 
reach  traidsmen  nor  retaillers.  Tripleyed  be  the  Provest  of  Banff  that 
he  oppones  the  act  and  the  executiones  of  the  executer  attested  by  his 
oath  befor  the  Shreff,  tho  it  is  alleadged  the  intima"n  wes  blank. 

The  Comissioners  of  the  shyre  have  in  obedience  to  the  act  of  the 
Comissione  for  setleing  the  cnmunicatione  of  traid  mett  this  day  to 
hear  what  everie  brugh  of  barronie  and  uyr  unfree  trader  within  the 
sd  shyre  wold  offer  and  undertack  to  pey  of  the  taxt  roll  of  the  royal 
burrowes  for  obtaineing  the  comunicatione  of  traid  conforme  to  the 
act.  of  Parliat,  as  also  the  Provest  and  balkies  of  the  brughs  of  Banff 
and  Cullen,  the  only  two  royall  brughs  within  the  said  shyre,  and  being 
heard  to  object  agst  the  offers  underwrine,  the  saids  Comissioners 
haveing  called  the  seall  brughs  of  barronie  they  made  offer  of  the 
particular  offers  following  viz :  Sr  John  Gordone  of  Park  for  his  brugh 
of  barronie  of  Newpark  two  pennies  Scots  of  the  taxt  roll  monethly, 
the  laird  of  Boyne  for  Portsoy,  ane  brugh  of  barronie,  made  offer  of 
three  pennies  Scots  money  of  the  taxt  roll  monethly,  the  laird  of 
Glengarrock  for  his  brugh  of  barronie  of  New  Millne  halfe  ane  penny 
monethlie,  the  towne  of  Keith  ane  penny  Scots  monethly,  the  brugh 
of  barronie  of  Rothemay  halfe  ane  penny  money  monethly,  the 
towne  of  Downe  halfe  ane  penny  Scots  monethlie,  the  Earle  of 
ffindlater  for  the  brugh  of  barronie  of  ffordyce  penny  Scots 

monethlie,  the  brugh  of  barronie  of  Rathven  belonging  to  the  deceist 
James  Hay  of  Rannas  penny  Scots  money  monethly ;  as  also  the 

sd  Commissioners  haveing  found  that  there  is  noe  brugh  of  regalitie 
within  the  sd  shyre,  and  that  noe  oyr  unfree  traider  wold  make  any 


2l6  RECORDS    OF   THE    COUNTY   OF    BANFF. 

offer  notwithstanding  of  dew  and  legall  intimatione  made  for  that  effect 
to  this  day  and  place,  as  also  the  saids  Comissioners  of  Suplie  doe 
humblie  represent  to  the  sd  right  hoiiall  the  Comissioners  of 
Parliament  that  the  sds  brughs  of  barronie  above  narratted  are 
altogidder  mean  and  depauperat  without  any  immaginable  trade  and  of 
werie  few  inhabitants  and  those  werie  mean  and  poor,  and  that  they 
have  noe  seaports  nor  harbours  except  the  brugh  of  Portsoy  laitly 
builded  qch  hes  but  one  or  two  inhabitants,  yet  for  incouragment  of 
traid  and  comunicatione  yrof  they  humblie  make  the  offers  abovewrine, 
qch  wee  think  is  truelie  more  nor  they  are  able  to  pey,  yet  in  hops  of 
better  traid  they  have  come  the  lenth  forsd,  and  expects  that  the 
honll  Lords  of  the  Comissione  will  accept  and  approve  of  the  samen: 
Compeired  the  Magistrals  of  Banff  and  Cullen  and  did  acknowledg 
the  meanes  of  and  low  conditione  of  the  brughs  of  barronie  within 
the  shyre,  and  that  there  are  noe  brughs  of  regalatie,  nor  seaports  nor 
harbours  except  what  is  above  narratted,  by  which  it  may  appear  the 
quota  laid  one  upon  the  shyre  of  Banff  of  the  taxt  roll  for  unfree  traid 
is  considerablie  and  unsuportablie  heavy,  yet  they  understand  that  the 
brughs  (a -urine  offers  may  bear  each  of  them  some  small  proportione 
more  nor  what  is  offered,  in  respect  traid  hes  bein  discouraged  by  ane 
long  warr  and  ane  great  and  unsuportable  dearth,  both  qch,  praised  be 
God,  are  now  removed,  and  the  offers  look  only  to  the  discouradgeing 
pairt  and  not  to  the  benefite  they  may  reap  by  this  comunicatione 
of  traid,  alwayes  protesting  that  none  shall  have  the  benefite  of  this 
comunicatione  except  such  as  are  actuall  residenters  and  inhabitants  of 
brughs  of  barronie  and  burgess  yrof:  To  qch  it  is  humblie  repre- 
sented and  ansred  be  the  brughs  of  barronie  forsaid,  that  they  attest 
the  Magistrals  as  to  the  werity  and  treuth  of  what  is  above,  and  that 
evin  in  the  tyme  of  the  most  profound  pace  that  has  bein  past  memorie 
of  man  the  saids  brughs  of  barronie  have  never  any  forraigne  traid  nor 
are  able  to  putt  so  much  as  ane  boat  to  the  sea,  but  what  offer  is  made 
is  only  for  the  encouradgement  of  traid  and  for  freeing  them  of  futur 
servitud :  The  Comissioners  of  Suplie  haveing  considered  the  forsaid 
offers,  and  haveing  heard  the  objectiones  made  be  the  burghs  royall 
against  the  samen,  they  give  yr  oppinione  that  the  saids  brughs  of 
barronie  have  made  ane  werie  free  and  frank  offer  qch  they  expect  the 
hojl  Comissione  of  Parliament  will  redilie  accept  of  it,  being  more  out 


BREWERS'  MONTHLY  ENTRIES,  1700.  217 

of  futur  hops  then  out  of  any  present  adwantage  they  make  the  sd 
offer,  and  ordaines  this  present  act  to  be  extracted  he  there  Clerk  as 
there  report  and  opinione  of  the  premiss,  and  to  he  transmitted  to  the 
Comissione  of  Parliament  or  there  Clerk  betwixt  and  the  first  of  Junij 
nixt  be  the  Earle  of  ffindlater. 

Two  months  cess  payable  at  Whitsunday  stented  at  £3:14:6  Sc. 
monthly,  including  a  quarter  months  cess  payable  to  the  Lords  of 
Counsel  and  Session,  and  £11  stg.  paid  out  by  the  Collector. 

A.  DUFF. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
conveined  at  ffordyce  the  last  da}-  of  Julij  one  thousand  and 
seavin  hundreth  yeires.  Comissioners  present — The  Marie  of 
ffindlater,  My  Lord  Boynd,  Birkenboig,  Nicolas  Dunbar  of 
Castelfeild,  The  Laird  of  Bracco,  The  Laird  of  Troup,  The 
Laird  of  Glengerack,  The  Laird  of  Durne  younger,  The  Laird 
of  Colleynard,  Patrick  Duff  of  Castel  [toun] ,  who  all  choised 
the  Earle  of  ffindlater  as  preses. 

The  Lambas  cess  ordered  to  be  stented  and  uplifted. 

BREWERS'    MONTHLY   ENTRIES,    1700. 

The  Comissioners  also,  according  to  the  former  divisione  of  the 
shyre  in  thrie  districtes  Banff,  Cullen  and  Keith  anent  the  cxcyse,  doe 
ordein  the  Comissioners  formerly  named  for  each  of  the  sds  districtes 
to  meet  and  convein  at  the  sd  rexive  places  upon  Tuesday  nixt  the  first 
Tuesday  of  August  nixt  to  come,  and  upon  the  first  Tuesday  of  every 
moneth  thereafter  to  receive  from  all  the  brewers  compeireing  entries 
of  their  beer  browen  and  sold  and  to  be  browen  and  sold  by  them,  and 
give  decreits  and  sentences  to  the  tacksmen  and  collectors  of  excyse 
according  to  law  and  the  Counsells  acts  yranent 

The  Comissioners  recomends  to  Colleynard  Casteltoun  and  Castel- 
feild and  to  John  Donaldsone  to  get  up  the  shyres  papers  qch  ware  in 
Captane  Baskein  late  Clerk  his  hands  from  any  havers  thereof,  and  the 
samyn  to  be  keeped  by  Jon  Donaldsone  till  the  nixt  meiting. 

FFINDLATER,    I.P.C. 
C  2 


2l8  RECORDS    OF   THE    COUNTY    OF    BANFF. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff  mett 
at  ffordyce  the  nynthteinth  day  of  November  one  thousand 
and  seavin  hundreth  yeires.  They  are  to  say — My  Lord 
Boynd,  Sir  William  Dunbar  of  Durne,  Nicolas  Dunbar  of 
Castelfeild. 

The  Martinmas  cess  stented  at  same  rate  as  the  Lambas  cess,  viz., 
£3:3/4  Scots,  John  Donaldson  acting  as  Clerk. 

EGYPTIANS  AND   SORNERS. 

Ordeines  advertisment  to  be  given  to  al  persones  to  sease  and 
apprehend  all  Egyptianes  sorners  vagboundes  and  louse  idle  persons, 
\vho  can  give  no  account  of  their  leveing,  vvherevir  they  can  be 
apprehendit  within  the  shyre,  and  present  them  to  the  Shirreff  that 
justice  may  be  done  on  them,  and  to  prohibit  all  persones  to  recept 
them,  with  certificate  the  receptors  and  ther  masters  shall  be  persued 
and  punished  according  to  law  by  contiscatione  of  moveables  and 
reparatione  of  ....  and  damnages.  and  these  intimationes  are 

ordeined upon   the   deficients   conforme   to  the  lists  of 

deficients,  the  samyn  to  be  intimat  to  ilk  deficient  upon  the  end  of  ilk 
intimatione.  And  anent  the  petitione  given  in  by  the  toune  of  Banff 
craveing  the  shyre  would  grant  to  them  some  recompence  for  the  paines 
expendit  and  trubell  they  have  bein  at  in  guairdeing  the  Egyptians ' 
these  threitten  weikes  bygon  and  frieing  the  Comissr5  of  the  trouble 
and  expense,  the  Comissioners  present  doe  think  it  most  just  and 
reasonable  that  the  tonne  be  recoinpenced  and  doe  acknowledge  a 
favoure  to  the  countrey  by  the  toune,  and  doe  judge  that  the 
Comissioners  and  heretors  doe  franklie  grant  fyve  shillings  Scots  money 
upon  each  hundreth  poundes  of  valued  rent  of  the  shyre  to  be  uplifted 
with  the  nixt  cess,  and  have  given  a  delyverance  on  their  bill  to  this 
purpose.  The  Comissioners  order  the  papers  taken  up  by  Jon 
Donaldsone  from  Captain  Baskein  late  Clerk  his  sone  conforme  to  the 
recept  given  by  him  to  Alexr.  Basken  to  lie  in  his  handes  till  nixt 
meiteing. 

PATRICK   OGILVIE. 

W.   DUNBAR. 

NICOLAS  DUNBAR, 

1  See  pp.   104-5. 


JOHN  DONALDSON  APPOINTED  CLERK  OF  SUPPLY.        2IQ 

The  Comissioners  forsds  doe  revive  the  former  actes  of  the  Justices 
of  Peace  anent  the  pryces  of  shoes  and  uyr  workmens  work  and  fies, 
and  parlie  anent  the  pryce  of  shoes  qch  according  to  the  old  actes  is  .  . 
to  be  tualve  pennies  each  insch  of  made  work  best  leather  for  single 
soled  shoes,  and  appoynts  intimationes  to  be  made  thereof  with 
certificatione  all  contraveiners  shall  be  conveined  and  proceidit  agst 
according  to  the  sds  old  acts  of  the  Justices  of  Peace 

PATRICK   OGILVIE. 

W.    DUNBAR. 

NICOLAS   DUNBAR. 

JOHN    DONALDSON   APPOINTED   CLERK   TO   THE   COMMISSIONERS 

OF   SUPPLY. 

Next  minute  records  the  formal  appointment  of  John  Donaldson, 
writer  in  Banff,  as  Clerk  to  the  Commissioners  of  Supply,  in  room  of 
Captain  Basken  deceased.  Donaldson's  position  was  not  very  secure, 
and  he  was  superseded  in  January  1706,  when  Burdsbank's  son  Patrick 
was  appointed  in  his  place.  A  letter  of  Burdsbank  to  Findlater  of 
December  1702  shows  that,  even  so  early,  interest  was  being  made  for 
Patrick  Leslye.  Donaldson  emerged  again  in  the  ''  Fifteen,"  when  he 
acted  as  factor  for  G.  Gordon  of  Carnousie,  the  Collector  appointed 
by  the  Earl  of  Mar  to  collect  the  county  cess  levied  by  the  Jacobites. 

BANFF  the  Tuantie  seavinth  day  ffebrij  Jajvij&  and  one  yeires. 
Sederunt  of  the  Commissioners  of  Supply  of  the  shyre  of 
Banff  present  —  My  Lord  Boynd,  Master  William  Joass  of 
Colleynard,  Sir  William  Dunbar  of  Durne  Baronett,  Patrick 
Duff  of  Castletoun,  John  Innes  of  Edingeith  elder,  Nicolas 
Dunbar  of  Castelfeild,  who  all  choised  my  Lord  Boynd  preses 
of  this  meiting. 

The  saids  heall  Comissioners  elected  and  made  choice  of  John 
Donaldsone  wrytter  in  Banff  to  be  Clerk  to  the  Commissioners  dureing 
the  continewance  of  the  present  imposed  cess,  who  made  faith  de  fideli 
and  took  the  oathes  usuall  and  qualified  according  to  law. 

STENTING  THE  CESS  AND  EXPENSES  OF  BANFF  IN  GUARDING 
THE  GIPSIES,  ETC. 

Of  the  twelve  months  cess  imposed  by  the  act  of  315!  January 
1701,  two  terms  to  ist  March  and  ist  June  1701  were  stented,  together 


220  RECORDS    OF   THE    COUNTY    OF    BANFF. 

\vith  five  shillings  (2/6  for  each  of  said  terms)  to  reimburse  the  burgh 
of  Banff  for  expenditure  exceeding  £400  Scots  in  guarding  the  Gipsies, 
and  Collectors  and  Clerks  fees  and  Post  dues — making  in  all  £3 :  5/10 
Scots  on  each  £100  Scots  of  valued  rent. 

The  meeting  revived  the  former  acts  of  the  Justices  of  Peace,  in- 
cluding those  anent  Gipsies. 

And  the  heall  Comissioners  have  desyred  my  Lord  Boynd  to 
subscryve  this  their  act  for  them  as  preses. 

PATRICK  OGILVIE,  I.P.C. 

THE  COLLECTOR'S  DISCHARGE  AND  BOND  OF  CAUTION. 

FFORDVCE  the  27th  of  May  Jajvij&  and  one  yeires.  Sederunt  of 
the  Comissioners  of  Supply  of  the  shyre  of  Banff  present 
viz. — The  Earle  of  ffindlater,  Mr.  William  Joass  of  Colleynard, 
The  Laird  of  Durne  yor,  Nicolas  Dunbar  of  Castelfeild  .  .  . 
who  choised  the  Earle  of  ffindlater  preses.  The  last  sederunt 
red. 

Discharges  to  the  Collector  of  cess  by  the  Depute  Receiver  for 
the  amounts  due  at  Whitsunday  Lambas  and  Martinmas  were  produced. 
The  Collector  gave  in  a  bond  of  caution  with  John  Ogilvie,  Collector  of 
Customs,  Inverness,  and  James  Stuart  at  Reidhythe  as  his  cautioners  for 
the  twelve  months'  cess  imposed  by  the  act  of  January  last.  The  sum  of 
£75  Scots  disbursed  by  the  Commissioners'  agent  James  Baird,  Edin- 
burgh, on  account  of  the  Gipsies  was  ordered  to  be  stented.  The  cess 
as  stented  at  last  sederunt  was  continued,  and  the  contribution  of  a  half 
crown  rate  to  Banff  to  be  collected  in  June  was  put  off  to  November. 
A  sum  of  £40  Scots  paid  by  the  Collector  for  removal  of  a  party 
quartering  on  the  shire  was  stented  on  those  deficient. 

And  this  their  act  is  subscryved  by  the  Earle  of  ffindlater  preses  in 
name  and  at  desyre  of  the  remanent  Comissioners.  The  Comissioners 
revewes  the  former  acts  anent  the  Justices  of  Peace  and  the  Gipsies, 
and  ordeins  the  Clerk  to  insert  the  same  in  the  intimations. 

FFINDLATER,  I.P.C. 

TACKSMAN  OF  EXCISE  AND  BREWERS. 

ATT  Banff  the  seavinth  day  of  October  Jajvij&  and  one  yeares. 
Sederunt  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
put  viz. : — Sir  Jon  Gordon  of  Park  Knight  and  Barronet,  Mr. 
William  Joass  of  Colleynard,  and  Nicolas  Dunbar  of  Castel- 


THE   TACKSMAN    OF    EXCISE    AND    BREWERS.  221 

feild,  who  all  in  one  voice  choysed  the  sd  Sr  Jon  Gordon  as 
preses. 

Anent  the  intimationes  by  order  of  the  Earle  of  ffindlater  Conveiner 
and  the  sd  Nicolas  Dunbar  Shreff  deput  sent  throw  the  heall 
Comissioners  for  meitting  this  day  and  place  in  obedience  of  the 
Counsells  proclamatione  dateit  the  fyfth  day  of  August  last  past  anent 
the  excyse  :  The  Comissioners  considering  that  no  tacksman  collector 
or  subtacksman  of  excyse  did  compeire,  and  that  severall  brewers 
haveing  tackes  think  themselves  by  their  tackes  secure,  they  judge  and 
think  proper  that  all  brewers  haveing  tackes  shall  not  be  troubled 
with  any  meiteinges  dureing  their  tackes,  but  only  at  such  tymes  as  they 
shall  be  called  by  the  tacksmen  for  payment  of  their  quarterlie  excyse, 
and  such  as  have  no  tackes,  in  respect  no  tacksman  appeires,  the 
Comissioners  liberat  them  of  any  non  entries  untill  the  nixt  sederunt, 
qch  they  appoynt  to  be  at  ffordyce  on  Tuesday  the  fourteinth  instant, 
to  qch  day  the  Comissioners  present,  in  respect  of  the  small  number 
conveined,  doe  adjorne  this  meiteing,  and  ordein  the  Clerk  to  send  out 
intimationes  thereof  to  the  sd  I4th  instant  requyreing  the  Comissioners 
to  meit  punctuallie  ffor  the  ends  forsd,  and  also  for  stenting  the  nixt 
tuo  monethes  cess,  and  for  appoynting  Justice  of  Peace  courtes.  And 
the  sd  preses  hes  comanded  their  Clerk  to  subscryve  the  present  act. 

ATT  ffordyce  the  fourteinth  day  of  October  Jajvjj&  one  yeares. 
Sederunt  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff, 
viz.:  —  The  Earle  of  ffindlater,  The  Lairds  of  Birkenboig, 
Durne  younger,  Kinminitie,  Glengerack,  Colleynard  and  Nicolas 
Dunbar  of  Castelfeild  Shreff  deput,  who  all  choised  the  sd 
Earle  of  ffindlater  preses. 

THE   CESS. 

And  they  all  ordein  the  cess  for  the  two  monethes  due  the  first  of 
November  nixt  to  come  to  be  payed  in  to  Nicolas  Dunbar  of  Castel- 
feild their  Collector,  and  doe  stent  divyde  and  proportione  the  same  as 
followes  viz :  at  thrie  poundes  and  fyve  shillinges  Scots  money  upon 
each  hundreth  poundes  of  valued  rent  of  79200  pounds  of  valued  rent 
of  the  shyre,  out  of  qch  the  cess  is  to  be  payed  primo  loco,  the  Collector 
and  Clerks  fies  in  the  nixt  place,  and  tualve  shillinges  Scots  money 


222  RECORDS   OF   THE    COUNTY   OF    BANFF. 

\\-eiklie  from  the  sd  first  of  November  nixt  to  ane  Post  to  be 
esteablished  to  goe  from  Banff  to  Keith  for  carieing  letters  to  and 
from  that  place  to  Banff,  thence  to  be  conveyed  to  Edr  and  elsewhere 
by  post  for  the  ordinarie  postage ;  and  the  remanent  of  the  sd  thrie 
poundes  and  fyve  shillinges  the  Comissioners  allow  to  Castelfeild  for 
his  paines  and  expenses  anent  the  Gipsies  ;  and  the  Comissioners  do  at 
this  tym  suspend  the  second  moyetie  of  the  money  qch  was  granted  to 
the  tonne  of  Banff  anent  the  Gipsies  untill  furder  conveinencie  and 

consideration 

POLL   MONEY. 

Lykeas  the  said  Nicolas  Dunbar  hes  given  in  ....  ane  recept 
and  obleighment  by  William  Cochran  of  fferguslie  to  the  collector 
bcareing  Jon  Laynge  factor  for  fferguslie  his  recept  ingrost  verbatim  of 
the  Pole  money  in  aiio  1699  yeires.  The  obleighment  and  recept  is 
dateit  the  tuantie  nynth  day  of  November  1699  yeires,  as  also  the 
extract  of  fferguslies  factorie  to  the  sd  Jon  Laynge  regratd  in  Banff 
the  igth  day  of  May  1699  yeires,  and  the  Pole  book  of  the  shyre  of 
Banff  for  the  yeire  1700  with  the  said  William  Cochran  his  recept  on 
the  end  yrof  dateit  the  6th  of  August  1701,  which  heall  wryttes  the 
sds  Comissioners  have  given  in  to  their  clerk  to  be  keeped  by  him  and 
made  furth  comeing  when  requyred  ;  and  ordeines  extractes  heirof  to  be 
given  to  the  sd  Nicolas  Dunbar  under  their  clerkes  hands,  qch  shall  be 
sufficient  \varrand  and  discharge  to  him  thereanent. 

SERVANTS'  FEES. 

ffurder  the  Comissioners  doe  revive  the  fformer  actes  of  the  Justices 
of  Peace  anent  servantes  fies  and  the  lyke,  and  now  as  off  befoir  divydes 
the  shyre  in  thrie  districtes  viz.  Banff  Cullen  and  Keath,  appoynteing 
the  parishes  of  St  ffergus,  Gemrie,  Banff,  Alvach,  Inverkeithnie,  fforglen, 
Aberchirder  and  Rothemey  to  the  district  of  Banff;  and  Bellie,  Rathven, 
Deskfoord,  ffordyce,  Boyndie  and  Ordewhile  to  the  district  of  Cullen ; 
and  the  remanent  parishes  of  the  shyre  to  the  district  of  Keith,  and 
appoyntes  the  Comissioners  of  ilk  district  to  meitt  at  their  severall 
districtes  on  the  first  Tuesday  of  November  nixt  to  come  for  the  first 
dyett,  and  to  appoynt  clerkes  and  officers  and  all  uther  members  of 
court  necessar  and  from  tym  to  tym  to  adjorne ;  and  the  Comissioners 
grant  warrand  in  the  rexive  districtes  to  issue  comandes  and  citationes 


EXCISE    ON    MALT,    ALE    AND    AQUA    VITAE.  223 

to  ilk  heretor  to  cause  their  ground  officers  call  in  befor  the  severall 
districtes  all  tennents  servantes  and  wthers  for  takeing  tryall  of 
delinquents  and  breakeres  of  the  saids  actes  and  statutes  .... 

FFINDLATER,  I.P.C. 

THE  EXCISE  ON  MALT,  ALE  AND  AQUA  VITAE. 

The  act  of  Parliament  of  2gth  March  1661,  which  annexed  to  Charles 
II.  for  life  a  long  list  of  customs  and  excise  duties,  was  continued  by 
the  act  of  6th  September  1671,  which  annexed  to  the  sovereign  for  five 
years  after  the  death  of  Charles  these  duties,  the  excise  of  two  merks 
on  each  boll  of  malt  brewed  and  sold  as  ale  or  aqua  vitae  being 
specially  mentioned.  These  acts  were  re-enacted1  in  the  first  session 
of  James'  Parliament  in  1686,  when  the  old  excise  was  annexed  to  the 
king  and  his  lawful  heirs  and  successors  for  ever.  This  old  excise  was 
accordingly  carried  over  to  William  III. 

After  the  Revolution  on  5th  May  1693*  Parliament,  in  addition  to  the 
above  excise  so  annexed  to  the  crown,  on  the  narrative  that  the  greater 
number  of  forces  then  to  be  levied  required  support,  voted  an  excise  of 
three  pence  on  each  pint  of  ale  and  two  shillings  on  each  pint  of  aqua 
vitae  made  of  malt,  from  ist  June  1693  to  ist  May  1695,  the  tax  to  be 
paid  quarterly.  To  raise,  order  and  inbring  this  tax  the  Commissioners 
of  Supply  of  the  various  counties  were  designated  the  Commissioners 
of  Excise.  Questions  arising  between  brewers  and  tacksmen  were 
accordingly  regulated  by  the  Commissioners  of  Supply.3  After  the 
expiry  of  this  additional  excise,  Parliament,  on  25th  July  i6g5,4  as  war 
was  still  in  progress,  continued  the  impost,  with  this  modification  that 
the  additional  excise  on  beer  was  reduced  to  twopence  per  pint  from 
threepence.  Further,  on  the  narrative  that  greater  consumption  of 
liquor  and  better  quality  would  arise  for  all  concerned  if  the  old  excise 
on  malt  were  laid  on  liquor,  the  excise  of  two  merks  per  boll  of  malt 
was  converted  into  a  tax  of  threepence  per  pint  of  ale  and  three  shillings 
per  pint  of  aqua  vitae  brewed  from  malt.  The  Commissioners  of  Supply 
were  continued  as  the  Commissioners  of  Excise. 

The  excise  act  of  1696  5  continued  the  additional  excise  at  the 
modified  rate  of  one  penny  on  the  pint  of  ale  and  one  shilling  on  the 
pint  of  aqua  vitae  for  the  year  from  ist  March  1697  to  ist  March  1698, 
and  at  three  pennies  on  the  pint  of  ale  and  three  shillings  on  the  pint 
of  aqua  vitae  from  ist  March  1698  to  ist  March  1699.  To  enable  the 
additional  excise  and  the  old  annexed  excise  to  be  collected,  the  retail 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   VIII.,   p.  460. 
"Ibidem,  Vol.   IX.,  pp.  2545.         3  See  pp.    172-176. 
*  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   IX.,  pp.   451-2, 
s  ibidem,  Vol.  X.,  pp.  31-2. 


224  RECORDS   OF   THE    COUNTY   OF    BANFF. 

prices  of  ale  and  of  aqua  vitae  were  fixed.  The  Commissioners  of  Supply 
were  appointed  to  raise  and  inbring  the  tax.  They  were  also  directed 
to  be  judges  of  the  entries  of  all  brewers  and  the  control  thereof, 
and  were  authorised  generally  to  dispose  of  all  questions  arising 
between  tacksmen  and  brewers.  They  were  directed  to  see  that  there 
was  no  quartering  for  arrears  of  excise  except  by  their  order.  Penalties 
were  further  imposed  on  tacksmen  if  they  levied  the  excise  on  malt 
and  not  on  liquor.  This  resume  may  somewhat  elucidate  the  former 
references  to  excise  in  this  chapter,  and  those  occurring  in  the  fol- 
lowing minutes  dealing  with  brewers'  renunciations,  entries  etc.  For 
further  information  on  Scots  ale  and  aqua  vitae,  reference  is  made  to 
Dr.  Cramond  "On  Scots  Drink,"  and  Sheriff  Scott  MoncriefFs  note  on 
the  early  use  of  aqua  vitae  in  Scotland  in  the  Proceedings  of  the  Society 
of  Antiquaries  of  Scotland,  loth  April  1916. 

BANFF  2gth  of  Jaiiry  1702  yeires.  Sederunt  of  the  Comissioners  of 
Supply  of  Banffshyre.  Conveined — The  Lairds  of  Troup  and 
Colleynard  and  Castelfeild  Shreff  deput  of  Banffshyre. 

The  sd  day  compeired  Robert  Strachan  in  ffindon,  James  Mair  at 
Overmylne,  William  Willox  in  ffarniebrea,  and  Andrew  Greig  in 
Minonie,  and  Janet  Durham  spouse  to  William  Chalmer  in  ffindon,  and 
produced  ane  renunciatione  of  their  breweing  after  the  first  of  March 
nixt  to  come  conforme  to  their  renuncea°ncs  dateit  this  day  and  date, 
also  compeared  James  Cock,  Tonne  Clerk  of  Banff,  and  produced  ane 
renuncia°ne  of  the  date  and  contents  abovewrin  and  craived  to  be  fried 
of  breweing  thereafter:  Compeired  Jon  Donaldsone  for  Captain  Grant  of 
Kirdells,  Collector  of  the  Excyse  of  Banffshyre,  and  alledgit  this  day  is 
not  a  day  to  the  purpose,  seeing  ilk  first  Tuesday  of  every  moneth  are 
appoynted  to  make  entries  nnd  consequently  to  make  renuncia°nes,  and 
this  being  the  last  Thursday  of  Janry,  it  is  no  da}'  to  this  purpose. 
2do  He  is  not  called  to  that  purpose.  3'°  The  heades  and  narative  of  the 
renuncea°nes  are  not  made  appear.  4'°  The  actes  of  Par.  and  Counsell 
are  not  fulfilled  by  giveing  surties  in  the  tearmes  yrof.  Whereto  James 
Cock  for  himself  and  in  name  of  the  uyr  brewers  answrs,  that  albeit 
entries  be  appoynted  to  be  given  ilk  first  Tuesday  of  the  moneth,  yet 
renuncea°nes  may  be  given  in  pns  of  two  Comissioners  at  any  tym 
conforme  to  actes  of  Par.  and  Counsell.  2do  There  is  no  necessitie  to 
call  the  Collector,  being  only  obleigt  to  renounce  in  presence  of  two 
Comissioners.  3'°  There  is  no  neid  to  make  the  heads  of  the 


ACTION    BY   TACKSMAN    OF    POLL    FOR   QUADRUPLE.  225 

renuncea°ne  appeir  farder  then  is  contained  in  the  renuncia°nes 
themselves.  To  the  fourth  : — There  is  no  necessitie  for  giveing  suirtie, 
neither  does  the  law  requyre  save  only  not  to  brew  for  fyve  yeires 
therafter  which  they  will  not  refuise,  but,  if  there  be  necessitie  of  suirtie, 
they  offer  sufficient  suirtie  in  the  tearmes  of  the  law.  The  Comissioners 
haveing  considered  the  renuncea°nes  admittes  yrof,  and  repelles  the 
objectiones  in  respect  of  the  ansrs  thereto. 

ALEXR.  GAIRDNE. 

W.  JOASS. 

NICOLAS  DUNBAR. 

Day  foirsd  Janet  Durham  spouse  to  William  Chalmer  in  ffindon 
produced  ane  renuncea°ne  of  the  tearme  foirsd,  as  also  Jon  Geddes, 
Walter  Davie,  Jon  Davidson,  Robert  Mertimer,  Alexr.  Mooresone  and 
Wm.  Strachan  brewers  in  Banff  gave  in  ane  renuncea°ne  of  the  lyke 
tenor  and  contents,  agt  qch  the  former  objections  ware  proponed  with 
protestatioHe  to  ad  farder,  which  the  Comissioners  admittes  and 
repelles  ut  supra,  and  admittes  the  renuncea°nes. 

ALEXR.  GAIRDNE. 

W.  JOASS. 

NICOLAS  DUNBAR. 

ATT  ffordyce  the  tenth  day  of  ffebry  1702  yeirs.  Sederunt  of  the 
Commissioners  of  Supply  of  the  shyre  of  Banff.  Present — 
The  Earle  of  ffindlater,  The  Lairdes  of  Park,  Durne,  Birken- 
boig,  Kinminitie,  Dunlugas,  Durne  younger,  Colleynard,  Edin- 
geith,  Glengerack  and  Castelfeild,  who  by  pluralitie  of  voices 
choised  the  Earle  of  ffindlater  preses. 

ACTION  BY  THE  TACKSMAN  OF  THE  POLL  FOR  QUADRUPLE. 
Anent  the  actione  intentit  by  Hugh  Cochran  brother  to  arid  factor 
for  William  Cochran  of  fferguslie,  Tacksman  of  the  two  Poles  in  (ffnn 
1699  and  1700  befor  the  Shirreff  of  Banff  ffor  the  quadruples  off  the 
Pole  colletd  due  the  saids  yeires,  alsweill  agt  those  who  have  payed  as 
against  uthrs.  Notwithstanding  of  the  defence  of  prescriptione 
proponed  against  the  same  upon  the  last  paragraph  of  the  act  of 
Parliatt,  the  heall  Comissioners  in  one  voice  doe  judge  the  prescriptione 
does  defend  those  who  have  payed,  and  therefor  orders  the  Shreff 

D  2 


226  RECORDS   OF   THE    COUNTY   OF    BANFF. 

deput  to  sist  proces  untill  a  returne  be  had  from  the  Counsell  anent  the 
same,  and  doe  all  judge  it  convenient  and  expedient  that  a  gentleman  be 
sent  south  with  recomendationes  from  the  Earle  of  ffindlater  and 
orders  and  intimationes  given  him  to  consult  advocattes  and  petitione 
the  Counsell  thereanent.  And  all  doe  name  William  Dunbar  younger 
of  Castelfeild  to  be  the  man  to  go  about  the  same,  and  appoyntes  to 
him  the  sowme  of  two  hundreth  poundes  Scots  ffor  his  paines,  and  his 
depursements  to  be  stented  and  inbrought  with  the  nixt  tearmes  cess, 
and  recomendes  to  the  Collector  to  make  advances  to  that  effect,  qrof  he 
shall  be  reimbursed  out  of  the  fondes  foirsd. 

SERVANTS'  FEES. 

The  Comissioners  foirsd  doe  enact  statute  and  ordeine  that  the 
Justices  of  Peace  of  this  shyre  doe  meit  at  their  several!  districtes  upon 
the  first  Tuesday  of  March  nixt  to  come,  and  there  revive  and  putt  in 
executionc  the  former  actes  statutes  and  rules  made  anent  servantes 
fies  and  uther  thinges  of  that  nature ;  and  Sir  Jon  Gordon  of  Park  hes 
friedome  to  joyne  himself  to  any  district  he  pleases. 

THE  POST  FROM  BANFF  TO  ABERDEEN. 

The  saids  Comissioners  also  in  relatione  to  the  Post  Office  ordein  a 
runer  to  be  established  from  Banff  to  Aberdein  from  the  shyre,  haveing 
the  former  allowance  given  to  postes  off  befoir  weiklie,  which  is  to  be 
laide  on  with  the  nixt  termes  cess;  and  ordeines  the  Collector  to  advance 
money  to  the  sd  runer,  the  towne  of  Banff  alwayes  keeping  a  runer 
from  them  as. befoir. 

FFINDLATER,  I.P.C. 

REGULATION  OF  WAGES  BY  JUSTICES  OF  THE  PEACE. 

By  the  ruling  statute  passed  on  gth  July  1661,  regulating  the  powers 
of  Justices  of  the  Peace,1  these  in  their  various  counties  were  directed 
to  convene  four  times  each  year  in  quarter  sessions  on  the  first 
Tuesdays  of  March,  May,  August  and  October,  and  inter  alia  "  by 
mutuall  and  conjunct  advice  make  and  rectifie  ordinances  for  the  fies 
of  servants,  shearers  in  harvest  and  other  labouring  men,  appoint 
prices  for  all  handie  crafts,  elect  or  continue  constables,  etc."  A  later 
section  of  the  statute  with  some  redundancy  and  a  contradiction  in 

•The  Acts  of  the  Parliaments  of  Scotland,  Vol.  VII.,  pp.  308-9. 


REGULATION    OF   WAGES    BY.  JUSTICES    OF    PEACE.  227 

naming  February  as  a  date  for  quarter  sessions  continues: — "They 
shall  appoint  at  the  quarter  sessions  to  be  keept  in  August  and 
ffebruary  the  ordinarie  hyre  and  wages  of  laboure  workmen  and 
servants,  and  who  shall  refuise  to  serve  upon  the  price  set  doun  by 
them  shall  be  imprissoned  and  further  punished  at  their  discretion." 
They  were  further  authorised  to  set  a  price  upon  "  craftsmen  work 
.  .  .  together  with  the  price  of  shearers  fies  and  to  punish  the 
contraveeners  as  appearteaneth."  At  this  period,  when  the  economic 
state  of  the  country  was  just  emerging  from  a  long  foreign  war  and  a 
succession  of  bad  harvests,  there  seems  to  have  been  more  than  usual 
activity  on  the  part  of  justices  in  ordering  the  wages  of  workmen. 
These  powers  of  fixing  wages  were  repealed  by  53  Geo.  III.  c.  40. 

APPOINTMENT   OF   CONSTABLES. 

In  consequence  of  this  revived  interest  in  servants'  fees,  con- 
stables were  freely  appointed  in  the  various  parishes  of  the  county 
as  executive  officers  of  the  Justices.  Their  powers  were  early  regulated 
by  the  8th  act  of  the  22nd  Parliament  of  James  VI.  (1617),  and  subse- 
quently by  the  act  of  Charles  II.  (1661)  above  noted.  Constables  were 
chosen  by  the  Justices  of  Peace  in  quarter  sessions,  two  or  more  for 
each  parish,  and  were  in  their  respective  parishes  the  executors  of  the 
precepts  and  warrants  of  the  Justices  of  Peace. 

Banff  the  3d  of  March   1702. 

SEDEKUNT  of  the  Comissioners  of  Supply  and  Justices  of  Peace  of 

the  shyre  of  Banff  viz.  : — Robert  Grant  of  Dunlugas  and  Mr. 

William    Joass  of    Colleynard  and   Alexr.    Leslie    of   Kininvie, 

who    haveing    this    day    mett    conforme    to    the    last    act    and 

ordinance  of  the  Comissioners  of  the  tenth  last  past. 

The  saids  Comissioners  and    Justices    of    Peace    have   named    the 

followeing  persone  in  each  parish  to  be  constables  to  the  sds  Justices, 

viz.,  in  Banff  parish  George  fforsyth  in  Culbuchlie,  James  Simpson  in 

Blairshinach,    and    Walter    Gate    at    Mylne    of    Ealehouseburne.       In 

Alvach    parish   Jon    Brodie   at    Mylne   of    Brydock,    Alexr.    Mylne   at 

Mylne   of   Alvach,   James    Syme  in    Dunlugas  and   James  Ogilvie  in 

Newtoun.     In  fforglen  parish  George  Wobster  in  Kirktoun  of  fforglen, 

George  Cow  in  Altoun  of  Carnowsie  and  George  Gairdne  at   Mylne  of 

Ribrae.     In  Aberchirder  James  Barren   in  Tillifafe,  James  Abernethie 

of  Barrie  and  John  Adam  in  Cranno.     In  Rothemey  George  ffordyce  in 


228 


RECORDS    OF    THE    COUNTY    OF    BANFF. 


Achincreive,  Patrick  Grant  in  Achincleich,  George  Allan  in  Turtrie. 
In  Gemrie  James  Wood  in  Doune,  William  Measone  in  Cushnie  and 
James  Ross  in  ffortrie.  In  Inverkeithnie  Gavin  Low  in  Balnoon;  and 
in  St.  ffergus  and  ffetterangus  the  Earl  Marischalles  chamberlane  to 
name  such  as  he  pleases  and  ffinds  convenient ;  all  whom  the  sds 
Justices  of  Peace  doe  ordein  to  be  warned  by  ane  order  to  be  sent  out 
by  the  Clerk  to  the  readers  of  each  of  the  saids  parishes  to  be  read  on 
a  Sunday  after  divyne  service  befor  the  day  after  mentionat,  to 
compeir  befor  the  sds  Justices  of  Peace  at  Banff  upon  the  seavinteinth 
day  of  March  instant  to  accept  of  the  sd  office,  and  to  make  faith  de 
fideli,  and  also  to  bring  with  them  dilationes  of  all  irregular  fieinges 
of  srvantes,  extravagant  fies  and  pryces  of  workmens  work  and  wages 
contrarie  to  the  former  acts  and  regulationes  of  the  sds  Justices,  and 
speciallie  of  those  who  have  unseasonablie  and  unvvarrantablie  fied 
against  the  nixt  terme,  with  ccrtirica°ne  all  neglecters  of  these  orders 
shall  be  lyable  according  as  the  sds  Justices  shall  sie  cause.  The  saids 
Justices  doe  enact  that  no  servant  doe  lye  idle  on  account  of  harvest 
fies,  with  certificate  they  shall  be  fyned  in  ten  poundes  Scots  toties 
quoties,  and  the  challenger  shall  have  right  to  the  idle  persones  srvice  at 
the  rates  of  the  sds  actes  and  regulationes,  and  that  no  minister  doe 
give  testificates  to  any  persones  pretending  to  goe  out  of  the  district 
for  service  elsewhere,  and  such  as  shall  without  testificattes  goe  and 
leave  the  district  it  is  declaired  laiill  for  the  constables  or  any  uther 
persone  to  apprehend  them  and  present  them  to  the  nixt  Justice  of 
Pace,  till  the}'  find  suirtie  for  their  deportment  according  to  law.  And 
the  sds  Justices  have  subscryved  this  their  act. 

ROT.  GRANTT. 

W.  JOASS. 

ALEXR.  LESLIE. 

Banff  23d  of  Aprill  1702  yeires. 

SEDERUNT  of  the  Comissioners  of  Supply  and  Justices  of  Peace  of 

the  shyre  of  Banff  within  the  District  of  Banff  conveined  viz. : 

Uunlugus,  Colleynard  and  Kininvic,  Provest  of  Banff. 

Haveing  this  day  mett  according  to  the  last  appoyntment,  and  the 

Clerk  haveing  given  in  ane  extract  of  the  old  actes  of  the  Justices  of 

Peace  in  this  shyre  made  in  @no  1665  with  ane  extract  of  the  actes 


THE    OLD    ACTS    OF    THE    JUSTICES    OF    PEACE,    1665.  22g 

and  regulationes  of  the  shyre  of  Aberdein,  which  being  considered  by 
them  they  ffind  they  cannot  of  themselves  enter  the  old  actes  of  the 
shyre,  the  samyn  haveing  bein  by  several  of  their  former  actes  revived, 
unles  the  samyn  be  done  in  ane  publict  meiteing ;  and  yrfor  till  new 
alterationes  be  made  of  the  sds  regulationes  by  the  generall  meiteing 
appoynted  at  ffordyce  on  the  fyfth  of  May  nixt  to  come  (if  any  shall  be), 
they  ordein  their  Clerk  to  send  to  each  parish  of  the  district  ane 
double  of  the  sds  old  actes  and  regulationes  to  ilk  parish  within  the 
district,  and  appoyntes  the  second  Tuesday  of  Junij  nixt  to  come  at 
this  place  to  be  their  nixt  meiteing,  and  the  heall  constables  to  convein 
and  be  present  that  day,  and  the  Clerk  to  adverteis  them  yrof  and  to 
bring  in  dilationes  and  give  citationes  to  persones  contraveiners  as  the  [y] 
will  be  ansrable.  They  doe  admitt  Alexr.  Blaickett  in  Deyhill  to  be 
one  of  their  officers  within  this  district  who  compeireing  made  faith  de 
fideli.  The  constables  compeireing  made  no  dilationes  because  they 
have  not  yet  received  instructiones  and  informatione  of  the  actes  and 
regulationes.  But  the  heall  constables  are  ordeined  to  be  punctual! 
and  keip  at  the  nixt  meiteing  as  said  is  with  certiricatione. 

ROT.  GRANTT. 

W.  JOASS. 

ALEXR.  LESLIE. 

ATT  ffordyce  the  ffyfth  day  of  Maij  Jayvij&  and  two  yeires. 
Sederunt  of  the  Comissioners  of  Supply  and  Justices  of  Peace 
of  the  shyre  of  Banff  viz. — The  Earle  of  ffindlater.  Sir  James 
Abercrombie  of  Birkenboig,  Sir  William  Dunbar  of  Durne, 
Barronettes,  The  Lairdes  of  Durnc  younger,  Kinminitie,  Glen- 
gerack,1  Colleynard,  and  Castelfeild,  who  all  choised  the  Earle 
of  mndlater  preses. 

THE  OATHS  OF  ALLEGIANCE  AND  ASSURANCE. 

The  saids  heall  Comissioners  in  obedience  to  the  late  act  of  Councell 
for  takeing  and  sweareing  the  oath  of  alledgeance  and  subscryveing  the 
same  with  the  assurance  with  their  Collector  and  Clerk  have  sworne 
the  sd  oath  and  sub1  the  same  and  assureance  in  maner  followeing  : — 

[See  facsimile  of  oaths  and  signatures  in  adjoining  illustration.] 

1  The  name  is  interlined  in  faint  ink. 


230  RECORDS  OF  THE  COUNTY  OF  BANFF. 

THE  STENT  TO  BANFF  AND  THE  CESS,  ETC. 

Thereafter  the  last  sederunt  of  the  loth  of  ffebry  last  being  redd,  as 
also  ane  former  act  of  the  27th  of  ffebry  1702  yeires  anent  ane  stent  to 
the  toune  of  Banff  of  two  shillinges  and  six  pennies  Scots  on  each 
hundreth  pounds  rent  at  two  tearmes,  the  first  tearme  yrof  being  payed, 
it  was  voted  whither  or  not  the  sd  act  should  be  continowed  for 
the  second  of  the  sds  tearmes  or  be  rescindit.  The  Comrs  by 
pluralitie  of  votes  rescind  the  sd  act  as  to  the  sd  second  moyetie  and  as 
to  the  sd  last  sederunt. 

William  Dunbar  compeireing  gave  account  to  the  heall  Comissioners 
present  of  his  diligence  in  his  negotiation  thereby  comitted  to  him, 
whereof  the  Comissioners  doe  approve,  and  besyde  the  reward  formerly 
proposed  to  him  qch  is  to  be  payed  in  maner  underwrin  they  give  him 
their  thankes  publictlie,  and  doe  ordein  the  two  monthes  cess  payable 
at  Witsunday  nixt  and  the  uther  two  payable  at  Lambes  thereafter 
to  be  stented  and  proportioned  as  followes  \'r/..  :  Thric  poundes  six 
shillinges  and  six  pennies  Scots  miJey  ffor  the  nixt  ensucing  Witsun- 
daycs  tearme,  and  thrie  poundes  six  shillinges  and  eight  pennies  money 
forsd  ffor  the  sd  tearme  of  Lambes  thereafter,  out  of  qch  they  ordein 
the  cess  being  elevin  hundredth  and  fyftie  poundes  four  shillinges  Scots 
money  monethlie,  and  the  Collector  and  Clerk  fies  being  thrattie  pound 
sterling  in  the  yeir,  and  qrof  two  pairtes  are  to  be  collected  at  the  sds 
tcarms  (the  uther  third  pairt  being  left  till  Mertimes  nixt)  and  the  Post 
dues  being  thriescoir  two  poundes  eight  shillinges  money  forsd  to  be 
divydit  as  said  is,  and  the  two  hundreth  pounds  which  was  by  the  said 
last  sederunt  ordeined  to  be  given  to  William  Dunbar  for  his  paines  to 
be  payed ;  and  ordeines  the  Clerk  to  send  intimationes  throw  the  heall 
parishes  of  the  shyre  ordeineing  all  persones  concerned  to  pay  in  the 
samyn  to  Nicolas  Dunbar  Castelfeild  their  Collector  betwixt  and  the 
twantieth  day  of  May  instant  under  paine  of  poynding  and  quartering. 
As  also  recomends  to  Colleynard  to  stent  on  the  deficients  the 
deficiencie  payed  by  the  Collector  to  the  partie  sent  to  quarter  for  the 
last  tearmes  cess,  and  ordeines  intimationes  yrof  to  be  sent  out  with 
the  sd  nixt  tearmes  intimatione. 

THE   HARVEST  FEES  OF  SHEARERS. 
The  sds  Comissioners  as  Justices  of  Peace  doe  ordein  that  the  fries 


HARVEST  FEES  OF  SHEARERS.  23! 

to  be  given  to  shearers  in  harvest  tym  shall  be  ffyve  poundes  the  best 
man  hooke  and  fyve  merkes  the  best  wooman  hooke  without  any  more, 
and  proportionallie  to  uther  hookes  of  lesser  abilitie,  and  that  no  hooke 
shall  be  fied  for  heireafter  befor  the  tenth  of  Junij:  Declaires  all  huikes 
alreadie  fie  or  to  be  fied  befor  the  sd  tent  day  of  Junij  the  engadgement 
to  be  null  and  both  parties  to  be  fyneable  according  to  law,  and 
ordeines  srvants  and  masters  to  attend  the  rexive  dyetts  to  be  appoynted 
to  them  by  the  Comissioners  or  constables  as  they  shall  appoynt  for 
cleireing  themselves  upon  oath  both  as  to  the  former  regulationes  and 
also  as  to  this  anent  harvest  fies  includeing  tradesmen.  They  also 
declair  the  regulationes  off  befoir  made  to  comence  at  Mertimes  last 
past  notwithstanding  any  ingadgement  made,  and  these  also  to  he 
intimat  with  the  intima°nes  anent  the  cess.  And  the  Comissioners 
desyre  and  give  their  authoritie  to  the  Earle  of  ffindlater  their  preses 
to  subscryve  this  their  act. 

FFINDLATER,  I.P.C. 

APPOINTMENT  OF  PARISH  DEACONS  OF  CRAFTS. 

Banff  Qth  of  Junij  1702. — Sederunt  of  the  Justices  of  Peace  of  the 
District  of  Banff  conveined  this  day  to  witt  Robert  Grant  of 
Dunlugas  and  Mr.  William  Joass  of  Colleynard.  The  said 
Robert  Grant  qualified  and  swore  the  oath  of  alledgeance  to 
Quein  Ann  and  subscryved  the  samyn  and  assureance  with  the 
uther  Comissioners.  The  court  fenced  as  use  is. 

The  sd  day  compeired  James  Home  in  Easter  Hagges,  and  did 
accept  of  the  office  of  a  constable  and  made  faith  de  fideli.  The 
Justices  of  Peace  doe  give  comissione  to  the  constables  in  each  parish 
to  choise  deakons  of  craftes  in  each  parish,  and  ordeines  the  heall 
constables  and  deakones  to  compeir  and  meitt  att  the  nixt  mciteing  of 
the  Justices,  which  they  appoynt  to  be  upon  the  second  Tuesday  of 
July  nixt  to  come. 

The  Justices,  because  only  two  of  the  constables  appointed 
appeared,  and  only  five  sent  excuses,  fined  the  remainder  £50  Scots 
each. 

ROT.  GRANTT. 

W.  JOASS. 


232  RECORDS    OF    THE    COUNTY    OF    BANFF. 

SF.DERUNT  of  Justices  of  Peace  of  the   District   of   Banff  holden 

within  the  Tolbuith  of  Banff  by  Robert  Grant  of  Dunlugas 

and   Mr.  William  Joass  of  Colleynard  Justices  of  Peace  the 

seavinteinth  day  of  July  Jajvij&  and  two  yeirs. 

The  constables  being  called  and  most  of  them  compeireing  declaired 

they  had  chosen  deakones  of   each  craft  within  their  parishes,   who 

being  all  called  and  compeireand  made  faith  de  fideli  administratione. 

And  the  constables  being  inquyred,  if  they  had  any  dilationes  to  make 

of  any  enormities  in  their  rexive  parishes,  declaired  they  have  non  save 

only   that   most  of  the  fies  are  meane,  and   yrfor  intreat  the  Justices 

present  may  represent  the  same  to  the  nixt  generall  meiting  of  the  heall 

Justices  of  Peace;  and  the  Justices  doe  promeis  to  doe  the  same,  and  to 

make  intimatione  to  some  of  the  neirest  constables  to  attend   the  sd 

generall  meiting,  and  till  then  the  Justices  continowes  all  matters  and 

adjorne    this    meiteing  till    new  appoyntment.       Recomends   to   Craig 

Jonstoun   to  send  in  to  the   nixt  meiteing   two   honest  weill   qualified 

men  to  be  constables  in  place  of  the  former. 

ROT.  GRANTT. 
W.  JOASS. 

Though  a  new  reign  had  commenced  with  the  accession  of  Queen 
Anne  on  8th  March  1702.  the  old  Convention  Parliament  elected  in 
1689  was  summoned  to  meet  on  gth  June  the  same  year.  On  igth  June 
it  voted  ten  and  one  half  months'  cess  to  meet  military  and  naval 
expenditure  caused  by  the  war  of  the  Spanish  succession.  The  Com- 
missioners of  Supply  appointed  then  for  Banffshire '  were  those  named 
in  previous  sessions  of  this  Parliament  who  had  qualified  and  were 
alive,  with  the  following  additions: — George  Gordon  of  Carnousie,  Mr. 
Andrew  Hay  of  Montblairie,  James  Gordon  of  Ardmalie,  John  Cuthbert 
of  Brackinhills,  William  Gordon  of  Birkinburn  younger,  Alexander 
Abercromby  of  Glassa,  John  Dunbarof  Kirkhill,  James  Duff  of  Cromby, 
Alexander  Wilson  of  Littlefield,  Alexander  Abercromby  of  Skeith, 
Major  Anderson  of  Westertoun.  Writing2  to  the  Earl  of  Findlater  on 
25th  May  1702,  Glassaugh  asks  him  to  "mind  the  adding  of  Commrs. 
of  Supply  and  Justices  of  Pace  to  witt  Carnowcie,  Munblarie,  Kirkhill, 
young  Birkenburn,  Cromie,  Ardmelie  and  Meyen,"  which  was  thus 
substantially  effected. 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   XI.,  p.   23. 
3  Seafield  Correspondence  (Scot.   Hist.   Socy.),  pp.   354-5. 


SERVANTS'  FEES.  233 

As  the  various  Commissioners  of  Supply  and  Justices  of  Peace 
attended  their  first  meeting  in  the  new  reign,  they  qualified  themselves 
by  taking  and  subscribing  the  oaths  of  allegiance  and  assurance,  and 
their  signatures  were  from  time  to  time  added  to  the  act  in  the  sederunt 
of  5th  May  1702. 

ATT  Banff  the  I5th  of  October  1702  yeires  :  Sederunt  of  Comis- 
sioners  of  Supply  of  the  shyre  of  Banff,  Comissioners 
present — The  Earle  of  ffindlater,  My  Lord  Boynd,  Birkenboig, 
fforglen,  Troup,  Kinminitie,  Glengerrack,  Edingeith,  Colleynard, 
Burdsbank  and  Castelfeild,  who  all  choised  the  Earle  of 
ffindlater  preses. 

The  Comissioners  now  present  who  ware  not  at  the  last  sederunt 
viz.,  My  Lord  Boynd,  fforglen,  Dunlugas,  Edingeith,  Burdsbank  did 
sweare  the  oath  of  alledgance  and  subscryvc  the  samyn  and  assurcance 
as  also  the  Laird  of  Troupe. 

The  Commissioners  fix  the  salary  of  the  Collector  at  £20  stg., 
of  the  Clerk  at  £10  stg.,  and  of  the  Post  at  £5  48.  stg.  all  yearly, 
to  be  collected  with  the  cess.  Cess  due  at  Martinmas  imposed. 

The  saids  Comissioners  also  as  Justices  of  the  Peace  doc  appoynt 
ane  meiteing  of  the  Justices  of  Peace  of  the  district  of  Cullen  to  be  att 
Cullen  on  ffryday  come  eight  dayes  the  tuantie  third  instant :  and  doe 
prohibite  and  discharge  any  masters  within  the  shyre  to  pay  to  any 
servantes  or  shearers  any  bygon  fies  or  for  this  current  terme  due  to 
them  untill  tuantie  dayes  be  past  after  the  terme  of  Mertimes  nixt  to 
come,  that  it  be  knowen  who  have  contraveined  the  actes ;  and  doe 
appoynt  the  heale  Comissioners  of  the  uther  districtes  to  appoynt 
peremptor  dyetts  within  their  owne  districtes  to  meitt  and  putt  the 
lawes  in  executione,  and  that  under  the  penalties  conteined  in  the 
lawes  made  yranent. 

The  Collector  produced  two  discharges  from  the  General  Receiver 
for  the  cess  due  on  ist  March,  ist  June  and  ist  November  1701,  and  at 
Whitsunday  1702.  Intimation  ordered  through  the  several  parish 
churches  that  the  Martinmas  cess  be  paid  to  the  Collector  immediately 
after  the  term. 

FFINDLATER,    I.P.C. 
E  2 


234  RECORDS    OF   THE    COUNTY   OF    BANFF. 

SEDERUNT  of  the  Justices  of  Peace  of  the  shyre  of  Banff  within 
the  Banff  district,  Justices  present  —  My  Lord  Boynd, 
Colleynard  and  Kininvie,  at  Banff  the  26th  of  Nover  1702 
yeirs. 

The  said  day  John  Dunbar  of  Kirkhill  named  one  of  the  Comis- 
sioners  of  Supply  and  Justices  of  Peace  of  the  shyre  of  Banff,  by  the 
act  of  Parliat  ig  Junij  1702,  compeireand,  did  swear  the  oath  of 
alledgeance  and  subscryve  the  samyn  and  assureance  as  his  subscription 
to  the  samyn  in  the  act  at  ffordyce  beares,  and  yrfor  is  admitted  as 
Justice  of  Peace.  And  the  sds  Justices  choised  my  Lord  Boynd  preses. 

PENALTIES  FOR  CONTRAVENING  REGULATIONS  ANENT  FEES,  ETC. 

The  saids  Justices  haveing  called  severall  of  the  tennents  in  the 
countrey  for  contraveineing  the  actes  anent  fies,  and  they  at  present 
pass  by  that  pairt;  but  for  the  future  appoynt  and  ordein  that  all 
servants  shall  for  hcireafter  have  the  fies  followeing,  viz.,  the  best  man 
threttein  merkes  for  tie  and  bunties  and  all  uther  thinges,  and  at  the 
coast  syde  besyde  the  sd  fie  the  wairer  may  have  ane  boll  of  beare  or 
four  poundes  and  fourtie  pennies  yrfor  in  the  masters  optione, 
dischargeing  utterlie  all  buntey  rigges  and  soweinges,  and  the  uther  sort 
of  servantes  shall  have  proportionallie  according  to  their  service.  Con- 
forme  to  the  former  actes  appoyntes  all  shearers  in  harvest  to  have  as 
follo\\  cs  \ix. :  the  best  man  hooke  not  above  fyve  poundes,  and  the  best 
woman  hook  not  above  fyve  merkes  for  all  uther  thinges,  and  lesser 
men  and  \voomen  huikes  proportionallie  less  according  to  their  service, 
which  is  to  be  in  force  for  the  last  harvest  and  in  all  tym  comeing,  and 
the  contraveiners  both  masters  and  servantes  to  be  subject  and  lyable 
to  ane  fyne  and  amerciament  of  ten  poundes  Scots  money  toties 
quoties.  Appoyntes  and  ordeines  that  from  heireafter  no  master  or 
servant  shall  fie  or  make  any  ingadgement  but  within  fourtie  dayes 
befor  the  tearme  of  their  entrie,  cxcepteing  only  such  servantes  as  are 
in  service,  who  may  fie  with  their  masters  and  their  masters  with  them 
att  any  tym  they  please ;  and  all  hookes  to  be  fied  only  after  the  tenth 
of  Junij  yeirlie  conforme  to  former  actes,  and  that  entring  servantes 
shall  within  fourtie  eight  houres  after  the  rexive  tearmes  of  Witsunday 
and  Mertimes  enter  to  their  service  under  paine  of  half  a  merk  Scots 


CONTRAVENERS    OF    REGULATIONS    ANENT   FEES   AND    PRICES.      235 

money  ilk  day  they  shall  be  absent  thereafter,  to  be  reteined  by  the 
master  out  of  the  first  end  of  the  fie,  besyde  such  uther  penalties  as 
the  Justices  shall  think  fitt  to  impose  on  them.  Item  the  Justices  doe 
enact  and  ordein  that  all  persones  able  and  capable  shall  serve  at  the 
rates  foirsd,  and  that  non  shall  lye  out  of  service  on  any  pretence 
qtsumr,  nor  enter  to  any  trade  nor  labour  any  lande  under  a  tuantie 
poundes  pay  except  those  who  have  service  land,  without  ane  testificat 
from  tuo  of  the  nixt  Justices  of  Peace  their  handes.  The  Justices 
appoynt  all  shoes  to  be  sold  at  the  rates  followeing  viz.,  Tualve 
pennies  Scots  for  ilk  insh  within  the  wait  of  best  leather,  and  courser 
leather  proportionallie  less.  And  appoyntes  intimationes  to  be  emitted 
heireof  again  Sunday  nixt  requyreing  all  tradesmen  to  compeir  befor 
the  Justices  of  Peace  at  Banff  again  ffryday  come  eight  dayes,  and  the 
constables  to  give  up  listes  of  the  severall  tradesmen  within  their 
rcxive  districtes,  and  to  cause  cite  them  to  the  sd  dyett  on  oath  as  they 
will  be  ansrable  on  their  perrill,  and  appoyntes  the  readers  in  each  parish 
to  intimat  this  act  from  the  letron  on  Sunday  nixt  after  divyn  service. 
And  the  Justices  appoynt  ane  letter  to  be  wryten  and  syned  to  the 
Justices  of  Peace  of  Aberdein  and  Murray  shyres  by  my  Lord  Boynd, 
intreateing  their  concurrence  and  comunication  with  the  Justices  heir. 
And  the  preses  in  name  and  at  desyre  of  the  remanent  Justices  hes 
syned  this  act,  day  and  place  foirsd. 

PATRICK  OGILVIE. 

Day  foirsd  James  Ogilvie  younger  of  Boynd  Comissioner  named  off 
befoir  and  Alexander  Abercrombie  of  Glashauch  named  Comissioner  by 
the  above  mentioned  act  of  Parliat  compeireing  did  sweare  the  oath 
of  alledgeance  and  subscryve  the  same  and  assureance,  as  their 
subscriptiones  to  the  samyn  in  the  act  of  the  5th  of  May  last  past  at 
ffordyce  beares,  and  yrupon  ware  admitted  Justices  of  Peace  of  Banff- 

shyre. 

PATRICK  OGILVIE. 

The  Justices  of  Banff  District  accordingly  met  on  4th  December 
1702,  and  disposed  of  cases  of  tradesmen  contravening  the  regulations 
as  to  prices.  These  findings  were  entered  on  separate  rolls,  which,  like 
the  regulations,  are  unfortunately  not  now  available.  At  an  adjourned 
court  on  i8th  December  the  findings  chiefly  in  respect  of  servants' 
wages  and  tradesmen's  prices  are  engrossed  in  the  minute  book,  and 


236  RECORDS    OF    THE    COUNTY    OF    BANFF. 

are  given  as  of  interest,  and  as  illustrative  of  a  phase  of  economic 
policy  which  is  to-day,  under  the  stress  of  war,  reasserting  itself  in  the 
control  of  food  prices  and  of  wages,  etc. 

SEDERUNT  of  the  Justices  of  Peace  of  the  shyre  and  district  of 
Banff  holden  by  Dunlugas  and  Colleynard  Justices  present, 
at  Banff  the  i8th  December  of  1702  yeirs. 

Anent  the  dilat°ns  given  in  by  severall  constables  of  the  district 
upon  the  masters  and  servants  and  tradesmen  underwrin  for  trans- 
gressing the  actes :  They  called  ware  proceidit  against  and  decerned 
and  assoylied  as  followes  viz.,  James  Ogilvie  of  Logic  present  deponed 
he  hes  tuo  srvants  plewmen  at  10  merkes  fie  each  with  tuo  pair 
shoes  ane  shirt  and  a  pair  hose,  and  tuo  uyr  srvants,  one  ten  pounds  of 
tie  for  all,  the  uyr  nyne  merks  with  pair  shoes  shirt  and  hose  and 
the  sumering  of  a  steir,  which  the  Justices  findes  to  be  a  transgression, 
and  ffynes  him  in  tuantie  pounds  and  discharges  him  notwithstanding 
of  his  pactione  to  pay  to  his  sd  srvants  any  more  then  the  fies  allowed, 
and  ordeines  the  sd  srvants  to  be  called  and  tryed. 

Mr.  Andrew  Ha}'  of  Monblerie  depones  he  is  conforme  to  the  actes 
and  does  not  transgress,  and  yrfor  the  Justices  assoylie  him. 

George  Stuart  in  Rosieburne  depones  his  best  servant  hcs  ten  merkes, 
the  uyr  elevin  merkes  with  shoes  shirt  and  hose,  and  yrfor  fyned  and 
discharged  conforme  to  Logie. 

James  Ogilvie  in  N'ewtoun  and  James  Sym  in  Dunlugas  purged  and 
assoylied  as  Mr.  Andrew  Hay. 

Jon  Tayleir  in  Itlaxv  deponed  he  gave  Robert  Stuart  six  pounds  and 
Margret  Steinson  seavin  merkes  of  harvest  fie  last  harvest,  and  gives 
James  ffraser  his  srvant  ten  pounds  of  fie,  and  George  Cock  thrie 
pounds  fie  and  2os.  for  his  rigg  with  shoes  hose  and  shirt,  ffyned  and 
discharged  as  Logie. 

Patrick  Smith  in  Achinbedie  deponed  he  promised  10  tb.  8s.  of 
harvest  fie  to  Thomas  Murray  and  to  Nan  (?)  fforgie  his  srvant 
thrattein  merkes  and  fourtie  pennies  of  fie  and  bountey. 

Day  foirsd  Andrew  Wobster  fyned  for  absence  on  the  4th  instant, 
this  day  reponed  deponed  negative,  and  purged  himself  of  breach  or 
transgression  of  the  actes  and  assoylied. 


CONTRAVENERS   OF    REGULATIONS   ANEXT    PRICES. 


237 


Gilbert  Leg  weaver  in  Invereichnie  confest  takeing  35.  p.  ell  of  sey  for 
weaveing,  and  James  Alexander,  William  Smith  and  Alexr.  Moreson, 
weavers  in  Brydock  and  Blacktoun  confest  transgressing  anent 
lineing  weaving,  also  Alexr.  Barkley  weaver  in  Muriehill  confest  trans- 
gressing, and  John  Philp  tayleor  in  Alvach  confest  taking  3  shillinges 
Scots  for  dayes  work.  Ilk  ane  of  them  ffyned  in  ten  poundes  Scots. 

Andrew  Gowan  tayleor  in  Staneley  absent,  fyned  in  ten  pounds. 

Alexr.  Adam  shoemaker  absent  and  fyned  the  sd  last  court  da}',  this 
day  reponed,  purged  of  transgressing  and  assoylied. 

Day  foirsd  the  craftesmen,  given  up  in  list  the  last  court  da}-,  called 
this  day  ware  proceidit  against  as  followes,  viz. : — 

William  Steinsone  in  ffortrie,  George  Lumsdcn  in  Monblettoun, 
Arthur  Leg  there,  George  Jock  there,  all  weavers,  George  Porter  shoe- 
maker in  ffortrie,  Jon  Tayleor  in  Melross  and  Wm.  Black  in  Whyte- 
staincs,  tayleors,  John  Philp  in  Seatoun  of  Cullen  shoemaker,  James 
Pringle  in  Midletoun,  Wm.  Pringle  in  Keidloup,  Jon  Nuckoll  in 
Protstoun,  Gilbert  Harper  in  Northfield,  Robert  Tod  in  Dreadlein 
and  James  Smith  in  Cushnie,  all  weavers,  James  Anderson  in  Troupe, 
John  Clerk  in  ffindon  and  George  Strachan  in  Pitgair,  shoemakers,  and 
William  Thomson  shoemaker  in  Hiltoun,  all  severall  tymes  called  and 
not  compeireand  ffyned  and  amerciat  ilk  ane  of  them  in  ten  poundes 
Scots  money,  and  the  severall  ffynes  above  spec'1  decerned  to  be  payed 
into  the  Pror  fiscall  or  Collector  of  court  within  termc  of  la\v  under 
paine  of  poynding. 

Item  James  Leg  in  Avulds,  Jon  Murdo  in  Tarlair,  George  Legget 
in  Bades,  Alexr.  Nuckoll  there,  Edward  Mureson  in  Melross,  weavers, 
Abraham  Ranie  weaver  there,  Thomas  Anderson  weaver  in  Lichnett, 
Thomas  Kintie  in  Dreadlein,  Alexr.  Barber  in  Pitgair,  Andrew  Donald 
in  Clintertie  and  George  Reid  in  Smiddietoun,  weavers,  William 
Tayleor  tayleor  in  Tarlair,  Andrew  Massie  taylcor  in  Northfield, 
Thomas  ffinnie  in  Minonie,  Alexr.  Massie  in  Greinley  and  Jon  Nuckoll  in 
Protstoun,  shoemakers,  and  William  Clerk  in  Minonie,  all  compeireing 
and  Jon  ffraser  in  Boighead  shoemaker,  and  being  sworne  and  examined 
purged  themselves  of  transgressing  the  actes  and  assoylied. 

The  Justices  adjorned  the  court  to  the  fyfteinth  day  of  Janry  nixt 
to  come. 


238 


RECORDS    OF   THE   COUNTY   OF    BANFF. 


Next  minute  contains  a  new  act  subscribed  by  those  Commissioners 
of  Supply  and  Justices  of  Peace,  who  after  this  date  qualified  by  taking 
the  oaths  of  allegiance  and  assurance. 

GRANT  OF   KIRDELS.  * 

Alexander  Grant  mentioned  in  the  minute  was  second  son  of  John 
Grant,  sixth  laird  of  Ballindalloch.  On  25th  December  1676,  saiseing 
was  given  to  Mr.  Alexander  Grant,  second  son  to  Bellandalloch  and 
Elizabeth  Gordon,  his  spouse,  of  ane  yearlie  @rent  of  ane  hundreth 
and  twentie  merks  moey  to  be  uplifted  furth  of  the  cornemill  of 
Balwenie.  He  was  Sheriff  Clerk  of  Moray,  and  on  25th  August  1685 
the  Magistrates  of  Elgin  2  instructed  the  raising  of  letters  against  him 
for  his  frequent  oppressions  of  the  inhabitants.  On  igth  April  1686, 
the  Town  Council  wrote  the  laird  of  Grant,  complaining  of  him  as 
tacksman  of  the  Old  Mylnes  oppressing  the  maltrnen,  brewers  and 
inhabitants  of  Elgin  by  "  seizing  and  wiolentlie  avay  taiking  of  there 
malt  without  order  of  law."  On  i6th  Junij  1686,  sasine  was  given  to 
Alexander  Grant  in  Oldmilnes,  Shirreff  Clerk  of  Murray,  and  Elizabeth 
Gordon,  his  spouse,  in  lyfrent  of  the  lands  of  Overdunan  in  Inveravin. 
On  i6th  February  1678, 3  he  obtained  from  Archibald  Dunbar  of  Newton 
a  wadset  right  over  the  lands  of  Achrnades  redeemable  for  2300  merks. 
This  he  disponed  to  Ludovick  Grant  of  Grant  on  i-jth  November  1692. 
On  I5th  November  1707,  Elizabeth  Gordon,  spouse  of  Capt.  Alexander 
Grant  of  Kirdels,  took  sasine  of  all  and  haill  the  toune  and  lands  of 
Achrnades,  the  toune  and  lands  of  Dinniehorn  and  Coldhome,  within 
the  parochine  of  Boharme. 

AT  Banff  the  seavinth  day  of  Janry  1703  yeires :  Sederunt  of  the 
Comissioners  of  Supply  of  the  shyre  of  Banff,  Comissioners 
present — The  Earle  of  ffindlater,  My  Lord  Boynd,  Colleynard, 
Dunlugus,  Castelfeild,  Edingeith,  Durne  younger,  Burdsbank 
and  Birkenboig  present  and  Lathers. 

The  Comissioners  underurin  of  new  named  compeireand  craived  to 
be  admitted,  and  declaired  they  ware  willing  to  qualifie  according  to 
law.  They  are  to  say  James  Ogilvie  of  Boynd,  George  Gordone  of 
Carnousie,  John  Dunbar  of  Kirkhill,  John  Cuthbert  of  Brackenhilles, 
Mr.  Andrew  Hay  of  Monblerie,  Alexr.  Abercrombie  of  Glashach  and 
John  Ramsay  of  Lathers,  who  all  did  swear  the  oath  of  alledgeance 
and  subscryve  the  samyn  and  assurance  as  the  samyn  heireafter 
followes.  Also  compeired  Alexander  Abercrombie  of  Skeith. 

1  See  pp.   59,   170,  etc. 

*  "The  Recottls  of  Elgin"  (N.  S.  C),   Vol.   I.,  pp.  338  340. 

a  "The  Chiefs  of  Grant,"  Vol.  I.,  p.  520. 


LORD  BOYNE  AND  THE  COLLECTOR'S  SALARY.  239 

APPOINTMENT  OF  COLLECTOR  AND  CLERK  AT  REDUCED  SALARIES. 

The  Commissioners  appoint  Castlefield  Collector  of  cess  at  the 
reduced  salary  of  £15  stg.,  and  John  Donaldson,  Clerk,  at  a  reduced 
salary  of  fifty  shillings  stg.  The  meeting  impose  the  term's  cess. 
As  Justices  they  order,  in  the  three  county  districts,  meetings  on  the 
first  Tuesday  of  every  month,  and  general  quarterly  meetings  at  Banff. 

With  reference  to  a  dispute  between  Mr.  Archibald  Dunbar  of 
Thundertoun,  one  of  the  principal  tacksmen  of  the  excise  of  Scotland, 
and  the  brewers  of  the  shire,  who  had  tacks  from  his  subtacksman  Mr. 
Alexr.  Grant  of  Kirdels,  extending  to  ist  March  1703,  though  his 
subtack  from  Dunbar  expired  on  ist  September  1702,  the  Commis- 
sioners find  that  from  that  date  to  ist  December  1702  the  subtacks 
from  Grant  will  rule,  and  that  thereafter  Dunbar  will  uplift  the  excise 
according  to  these  subtacks  or  otherwise  as  he  may  determine. 

This  meeting  of  7th  January  1703  was  the  last  county  meeting 
attended  or  presided  over  by  James,  third  Earl  of  Findlater.  The 
following  letter  from  the  County  Collector,  which  exposes  Lord 
Boyne's  move  regarding  the  Collector  and  his  salary,  shows  that  the 
Earl  was  absent  from  Cullen  House  in  March.  He  was  then  in  Edin- 
burgh. In  October  1703  he  married  as  his  second  wife  Mary,  third 
daughter  of  William,  second  Duke  of  Hamilton,  and  widow  of 
Alexander,  third  Earl  of  Callander,  and  of  Sir  James  Livingstone  of 
West  Quarter.  Henceforward  he  resided  mostly  in  the  south  at  West 
Quarter  and  in  Edinburgh. 

For  some  years  hereafter  Lord  Boyne  acted  as  Convener,  as  the 
minute  of  3rd  June  next  shows,  and  presided  at  several  county 
meetings. 

For  the  Earl  of  Findlater. 

Castlfield  29  March   1703. 
RIGHT  HONOURABLE, 

My  Noble  and  Good  Lord, 

The  suspense  I  wes  in  concerning  your  Lops  change  of  lyffe,  and 
the  various  reports  heir  made  me  delay  the  paying  my  dutie  to  your 
Lop.  whill  now,  and  yet  I  am  in  that  samyn  uncertainty.  However  I 
beg  your  Lops,  most  humble  pardon  for  omitting  my  dutie  so  long,  and 
wishes  whenever  your  Lop.  reenters  in  your  former  state  of  lyffe,  I 
mean  to  be  maried,  it  may  be  for  Gods  glorie  and  your  own  particular 
good  every  way.  The  toun  of  Cullen  since  your  Lops,  removall  hes 
bein  very  melancholious,  and  I  my  selfe  have  born  my  large  proportion. 


240 


RECORDS    OF    THE    COUNTY    OF    BANFF. 


but  support  my  selfe  with  the  hope  it  is  for  your  Lops,  good  and 
interest.  Your  Lop.  knows  how  I  wes  stated  with  my  Lord  Boyn  at 
choising  a  collector.  Since  that  tyme  the  pairtie  hes  bein  on  his  Lop. 
for  bygone  cesses,  and  I  expect  no  friendship  from  him,  and  your 
Lop.  knows  neither  I  or  any  other  can  serve  at  the  present  sallarie.  I 
humblie  conceave,  if  yr  be  any  cess  imposed  at  Parliat,  that  ane  equall 
sallarie  to  be  allowed  by  the  Parliat  throwout  the  kingdome  to  collectors 
would  save  much  debate,  and  prevent  his  Lop.  in  imposing  whom  he 
pleases  on  this  shyr.  But  this  is  but  a  thought  of  my  own  qch  your 
Lop.  may  consider  on  and  doe  as  ye  find  convenient,  for  I  hear  my 
Lord  Boyne  is  positive  at  nixt  cess  to  have  in  that  person  he  last 
aimed  at ;  and  if  it  wer  not  for  yat  specious  pretext  by  deminishing  the 
salarie  he  had  not  had  any  vote  at  the  inciting  but  himselfe  and  sone, 
and  wer  one  equall  salarie  once  agreed  on,  his  Lop.  would  hev  few 
followrcs  in  tin;  shyr.  My  Lord  ther  are  no  occurrences  heir  worth 
wreating,  and  what  your  Lop.  would  be  solved  in  may  be  had  from  my 
Lady.  I  wish  your  Lop.  all  health  and  happiness,  and  darr  not  as 
yet  address  myselfe  to  present  my  most  humble  dutie  and  service  to 
the  Countess  as  your  \\  iff.  Your  Lop.  knows  wherin  I  can  be  service- 
able to  you  heir.  Your  Lops,  comands  sal  be  most  cordially  obeyed  by, 

Right  Honob1, 

Your  Lops,  most  faithfull  most  humble  and  obleidged  servant, 

NICOLAS  DUNBAR. 

QUARTERING  ox  THE  SHIRE  FOR  ARREARS  OF  CESS. 
SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff, 
holden  at  Banff  third  day  of  Junij  Jayvij&  and  thrie  yeries, 
Comissioners  present — Birkenboig,  Durne  younger,  Dunlugus, 
Kirkhill,  Glashaugh,  Crombie,  Monblearie,  Castlefeild  and 
Litlefeild  and  Colleynard,  who  by  pluralitie  of  votes  choised 
Colleynard  preses. 

The  Comissioners  haveing  this  day  mett  on  ane  order  from  my 
Lord  Boynd  anent  the  parties  quartering  on  the  shyre  for  the  Mertimes 
and  Candlmess  termes  cess. 

After  seeing  certain  orders  from  the  General  Receiver's  factor, 
Robert  Rutherfoord,  to  Sergeants  Gerioch  and  Dick,  to  quarter  on 
the  Commissioners  or  Collector,  and  after  protesting  against  certain 


SERVANTS'  FEES,  TRADESMEN'S  WAGES,  AND  CRAFTSMEN'S  PRICES.  241 

illegalities  in  connection  with  the  quartering,  the  meeting  appoyntes  to 
them  their  quartering  money  conforme  to  law,  and  ordeines  the  Collector 
Castlefield  to  pay  the  samyn  to  Sergean  Gerioch  and  receieve  his 
discharge  yrof,  and  appoyntes  the  samyn  to  be  stented  on  the  deficients, 
and  the  samyn  to  be  payed  into  the  Collector  with  the  nixt  tearmes 
cess,  and  recomendes  the  proportioning  of  the  quartering  money  to 
Colleynard,  Dunlugas  and  Litlefield  to  meitt  when  the  Collector  shall 
desyre  at  Banff  for  that  effect.  The  Comissioners  doe  ffind  and  ordein 
that  for  heireafter  all  the  deficients  in  payment  of  their  cess,  when  the 
partie  shall  intimatt  deficiencie  to  the  Collector,  shall  be  lyable  to 
quartering  and  deficiencie.  They  also  declaire  that  the  Collector  hes 
and  shall  have  full  power  and  libertie  to  give  up  listes  of  deficiencie  to 
parties  upon  their  intimatione  of  orders  to  him  without  \\arrand  of 
any  Comissioner.  And  the  preses  in  name  and  att  the  desyre  of  the 
remanent  Comissioners  hes  subscryved  this  their  act. 

W.  JOASS,  I.P.C. 
and  in  name  and  by  order  of  the  Comissioners. 

SERVANTS'  FEES,  TRADESMEN'S  WAGES,  AND  CRAFTSMEN'S  PRICES. 

At  this  point  the  engrossment  of  the  minutes  is  somewhat  irregular 
in  so  far  as  three  minutes  dealing  with  matters  within  the  jurisdiction 
of  the  Justices  of  Peace,  though  dated  April  and  May,  follow  instead  of 
precede  the  minute  of  June  given  above.  These  three  minutes  dealing 
with  the  regulations  of  the  Justices  fixing  servants'  fees,  tradesmen's 
wages  and  craftsmen's  prices,  and  detailing  the  measures  taken  in  some 
areas  of  the  Banff  district  to  enforce  them,  are  given  in  full.  At  a 
former  meeting  of  Justices  the  constables  had  reported  that  servants' 
fees  were  mean.  The  ensuing  minutes  are  a  commentary  on  this  view, 
which  the  Justices  do  not  seem  to  have  entertained  ;  and  wages  were 
rigorously  reduced  to  the  standard  of  the  county  regulations,  and  all 
bounties,  such  as  hose  and  shoes,  allowances  of  meal,  or  the  "  sumering 
of  a  steir "  strictly  repressed.  What  economic  advantage  was  thus 
gained  is  more  than  doubtful  ;  and  one  can  in  a  manner  appreciate  the 
grim  humour  of  James  Gray's  swearing  in  face  of  court,  and  of 
Ardmellie's  servant  cursing  the  Justices,  though  for  obvious  reasons 
the  servant  denied  the  same. 

AT  Peter  Touches  house  in  Mossyde  of  Kinairdie  the  fyfteinth  day 
Aprill  Jajvij&  and  thrie  yeires  :  Sederunt  of  the  Justices  of 
Peace  of  the  district  of  Banff,  Justices  present — The  Laird  of 
Carnowsie,  John  Cuthbert  of  Brakinhills  and  Alexr.  Wilson  of 
Litlefield,  who  choised  Carnowsie  preses. 

F  2 


242  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  said  day  intimationes  being  made  in  the  parish  kirkes  of 
Rothemey  and  Aberchirder  on  the  elevinth  instant  to  attend  this  day 
and  place,  the  intimatione  for  Rothemay  was  returned  by  William  Jack 
constable  intimat  by  the  Session  Clerk,  and  therewith  the  sd  William 
Jack  gave  in  a  list,  viz.: — 

William  Pettindreich  in  Corskellie  deponed  he  is  regular  as  to  his 
servants  and  harvest  hookes  both  as  to  the  fie  and  tyme. 

Patrick  Elder  deponed  ut  supra. 

Wm.  Badzenoch  depones  he  hes  only  one  servant,  Lachlan 
McPhersone,  who  hes  9  inks  fie  two  merks  for  grazes  (?)  tuo  pair 
shoes  with  shirt  and  hose.  The  Justices  ffindes  the  fie  is  extrava- 
gant, and  yrfor  fynes  the  sd  Lachlan  in  ffourtie  thrie  shillinges  and 
four  pennies,  and  ordeines  his  fie  to  be  arrested,  and  the  sd  William 
to  make  furthcomeing  the  sd  fyne  of  his  fie. 

James  Gray  yr  he  hes  only  one  servant,  Jon  Elleis,  who  hes  only 
fourtein  merkes  fie  for  all,  qch  the  Justices  ffindes  extravagant,  and 
yrfor  ffynes  in  a  mcrk  and  arrests  and  decernes  ut  supra.  His  uyr 
servants  regular,  and  had  no  harvest  huikes  but  one  William  Watt  in 
Corskellie,  who  had  six  pounds,  and  Thomas  Gray  then  at  Rothemey, 
who  had  ten  merkes,  as  also  Marione  Burnett  in  Ruthven,  who  had 
four  poundes  of  fie.  The  Justices  ffynes  the  sd  Wm.  Watt  in  tuantie 
shillinges  Scots  for  the  sd  fie,  and  Thomas  Gray  in  tuo  merkes  and 
half  merk,  and  decernes  them  to  pay  the  samyn  to  the  collector.  The 
Justices  also  ffynes  the  sd  James  Gray  in  tuantie  shillinges  Scots  for 
swearing  in  face  of  court,  and  decernes  ut  supra. 

Alexr.  Mill  there  depones  he  is  regular. 

Robert  Mill  there  also  deponed. 

John  Innes  in  Wodsyde  deponed  he  is  regular  as  to  his  servants, 
but  gave  Issobell  Anton  in  Rothemey  seavin  merkes  a  pair  shoes  and 
half  a  peck  meale  of  harvest  fie  last  harvest,  ffor  qch  fynes  the  sd 
Issobell  Anton  in  tuantie  fyve  shillinges  Scots,  and  decernes  ut  supra. 

James  Innes  there,  absent  seek,  excused.  Compeired  James  Gordon 
and  Alexr.  Waker  his  servants,  deponed  the  sd  James  Gordon  he  hes 
ten  merkes  with  shirt  shoes  and  hose,  and  Alexr.  Waker  deponed  he 
hes  four  pounds  with  shirt  hose  and  shoes.  They  depone  they  are  not 
yet  fied.  The  Justices  ordein  them  to  fie  betwixt  and  Sunday  nixt, 
utherwayes  declaire  them  subjected  to  their  present  master  for  the 


SERVANTS'  FEES,  TRADESMEN'S  WAGES,  AND  CRAFTSMEN'S  PRICES.  243 

subsequent  half  yeir,  and  ordeines  their   fies  to  be  arrested  in  their 
masters  hand. 

John  Crystie  in  Kairnehill  depones  he  is  regular. 

James  Thaine  in  Woodsyde  depones  his  is  regular. 

Jon  Ruddoch  elder  in  Achincreive  depones  he  is  regular  as  to  his 
servants,  but  gave  ten  merkes  of  harvest  fie  to  Adam  Thomsone,  his 
harvest  hook  last  harvest,  ffynes  the  sd  Adam  in  ane  merk  and  ane  half. 

Jon  Ruddoch  yor  there,  regular  as  to  his  servants,  but  gave  four 
poundes  and  a  pair  shoes  to  Janet  Ruddoch  in  Inshcorsie  of  harvest  fie 
last  harvest,  ffynes  Janet  Ruddoch  in  tuantie  shillinges  Scots. 

William  Lorimer  in  Caldhame  depones  he  gives  to  Helen  Cock  and 
Issobell  Craib  three  merkes  and  half  merk  fie  with  buntay.  He  also 
gave  to  Elizabeth  Walker  in  Miltoun  of  Rothemay  seavin  merkes  and 
a  pair  of  shoes  and  to  Margaret  Daeson  in  Rotnedie  four  poundes 
a  pair  shoes  and  a  peck  meale  last  harvest  of  harvest  fie,  ffynes  the 
srvants  in  sixtein  shillinges  and  each  expenses  ilk  ane,  and  arrests  ut 
supra,  and  fynes  the  sds  harvest  hookes  in  the  overplus  fie. 

Robert  Sharp  in  Inshcorsie  depones  regular. 

James  Lemmen  there  regular. 

John  Thaine  in  Mosset  declaires  he  gives  to  James  Henderson  his 
srvant  of  fie  and  buntay  sixtein  shillinges  more  then  the  due  fie,  the  sd 
James  ffyned  in  the  sd  sixteen  shillinges  arrested  and  decerned  ut 
supra.  He  gave  of  harvest  fie  to  Margaret  Gillean  in  Parrock  four 
poundes  and  a  pair  shoes,  ffynes  hir  tuantie  shillinges. 

William  Mitchell  in  Inshcorsie  regular. 

John  Barrine  in  Ternemnie  gave  to  Robert  Mill  in  Rothemey  nine 
merks  and  a  pair  shoes  of  harvest  fie,  ffynes  Robert  Mill  in  tuantie 
shillinges  Scots. 

William  Seivewright  in  Parrack  regular,  and  Alexr.  Lorimer  in 
Claymyres,  also  James  Henderson  in  Miltoun,  George  Cook  in  Mossyde 
of  Rothemey  being  harvest  hook  to  Wm.  Ruddoch  in  Rattanach  last 
harvest  had  six  pounds  of  harvest  fie,  ffyned  in  tuantie  shillinges. 

Andrew  Longmuire  regular. 

John  Badenoch  gives  to  John  Home  his  srvant  two  merkes  ten 
shillinges  fie  more  then  the  law,  the  said  John  Home  fyned  in  two 
merkes  and  ten  shillinges  Scots  and  arrested  and  decerned  ut  supra. 


244  RECORDS    OF    THE    COUNTY    OF    BANFF. 

John  Lobon  in  Ternemnie  and  Jon  Lobon  his  srvant  compeireing 
this  day  declared  they  are  content  to  submitt  and  conform  to  the  law. 
The  Justices  passes  fra  the  fyne  imposed  on  them  in  the  court  at 
Cranno  the  tent  of  ffebry  last. 

William  Preist  in  Ratanach,  Jon  Slorach  in  Achincleich,  and 
William  Cazie  in  Reidhill,  shoemakers,  compeireing  confest  trans- 
gressing the  lawes  anent  the  pryces  of  shoes,  and  yrfor  the  Justices 
fynes  ilk  ane  of  them  in  ffoure  poundes  Scots  money  and  decernes  to 
pay  ut  supra. 

John  Craib  and  James  Cobrone  cobler  in  Rothemey  parish,  because 
regular,  past  frie. 

John  Murray  tayleor  in  Inschcorsie  yor.  regular  absolved.  William 
Lorimer  in  Caldhame,  John  Williamson  in  Claymyres,  William 
Beidie  there,  Andrew  Scott  in  Parrock,  John  Adam  in  Achincleich, 
Jon  Abercrombie  there,  George  Innes  there  and  Alexr.  Sharp  in  Insh- 
corsie,  all  \veavers,  compeireand  :  John  Murray  regular,  and  also  the 
sds  remanent  persones  above  named,  and  past  frie  for  bygones  of  all 
irregularities. 

George  ffordyce  in  Achincreive  depones  he  had  two  woomen  hookes 
in  harvest  last,  one  named  Margaret  Watt  in  Achincreive  and  Janet 
Wright  there,  to  each  yrof  he  gave  four  poundes  a  pair  shoes  of 
harvest  tie  last  harvest.  The  Justices  ffynes  each  of  the  saids  hookes 
in  tuantie  shillinges  Scots  money  and  decerned  ut  supra. 

James  Cuye  in  Muire,  William  Craig  in  Maynes  and  John  Reid 
weaver  in  Rottnodie,  all  absent,  fyned  in  fourtie  shillinges  Scots  each 
of  them  and  decerned  ut  supra. 

Alexr.  Wilson  srvant  to  Ardmellie  being  delet  of  curseing  the 
Justices  and  he  compeireing  denyed,  the  ffiscall  offered  to  prove  by 
witnesses  and  adduced  John  Cheine  as  witnes,  who  deponed  negative, 
and  the  matter  continowed  till  the  court  at  Banff. 

The  Justices  continowes  the  court  till  the  first  Tuesday  of  May 
nixt.  And  the  preses  in  name  of  the  remanent  Justices  hes  subscryved 
this  their  sederunt.  GEO.  GORDONE,  I.P.J. 

James  Adam  weaver  in  Tillidoune  fyned  for  contumacie  at  the  court 
of  Banff,  compeireing  this  day  declaired  he  was  then  unweill  and  not 
able  to  travell,  and  declaires  he  is  regular.  The  Justices  repones  him, 
assoylies  him  from  the  former  fyne  and  declaires  him  frie. 

GEO.  GORDONE,  I.P.J. 


AUGMENTATION    OF    SHEARERS'    FEES.  245 

SEDERUNT  of  the  Comissioners  of  Supply  and  Justices  of  Peace 
of  the  shyre  of  Banff,  conveined  at  Banff  the  ffourth  day 
of  Maij  Jayvij&  and  thrie  yeires  :  Comissioners  and  Justices 
present  —  The  Lairdes  of  Carnowsie,  Dunlugas,  Crombie, 
Kirkhill,  Brakinhilles,  Colleynard,  Nicolas  Dunbar  of  Castel- 
field,  Shreff  dcput,  Monblerie,  Litlefield,  The  Laird  of  Durne 
younger,  Glashauch,  who  all  choised  Mr.  Andrew  Hay  of 
Monblerie  preses. 

ABSENT  COMMISSIONERS  TO  BE  FINED. 

The  sd  day  the  Comissioners  present  doe  in  respect  of  severall 
relevant  excuses  given  in  for  the  remanent  absent  Comissioners  doe  at 
this  time  excuse  their  present  absence,  with  certificatione  that  for  heire- 
after  their  absence  shall  not  be  excused,  but  all  fyned  conforme  to  law, 
without  particular  excuses  from  ilk  ane  of  themselves  allowed  by  the 
meiting.  As  also  they  excuse  Durne  younger,  Glashauch,  Castlefield 
and  Brakanhilles  for  their  former  absence  from  the  last  meiteing  ijrin 
the  absents  ware  fyned,  and  discharges  them  of  their  fynes  imposed 
thereby  in  respect  of  the  relevant  excuses  now  given  in  by  them 
approved  bv  the  heal  present  justices. 

JURISDICTION  OF  JUSTICES  IN  REGALITIES  AND  ROYALTIES. 

Anent  a  greivance  given  in  by  the  Justices  of  Peace  of  the  district 
of  Keith  compleaneing  that  the  inhabitants  of  regalities  pretend 
immunitie  from  the  Justices  and  their  courtes.  The  Justices  present 
haveing  considered  the  38th  act  Par.  first  K.  Ch.  2d.,'  doe  find  thereby 
they  have  jurisdictione  in  all  causes  competent,  wherein  the  uyr 
jurisdictions,  aither  regalities  or  royalties,  have  bein  defective  after 
expyreing  of  fyftein  dayes,  and  resolve  to  proceid  accordingly. 

AUGMENTATION  OF  SHEARERS'  FEES. 

Anent  a  remit  from  the  court  at  this  place  the  ad  of  ffebry  last  ffor 
augmentatione  of  huikes  fies.  The  Justices  present  doe  judge  and 
enact  that  the  best  man  shearer  who  actuallie  bigges  cornes  shall  have 
ffyve  pounds  and  a  merk  of  harvest  fie,  but  non  haveing  cottars  actuall 
biggers  of  cornes  shall  have  allowance  to  fie  at  that  rate  any  man 

1  The  Acts  of  the  Parliaments  of  Scotland,  Vol.   VII.,   pp.   306-13. 


246 


RECORDS    OF   THE    COUNTY   OF    BANFF. 


shearer  under  the  former  penalties,  and  no  man  shall  have  more  but  one 
such  man  shearer  at  once.  They  doe  also  judge  and  enact  that  every 
best  woman  shearer  shall  have  ffyve  merkes  and  ane  half  of  harvest 
fie,  and  all  uyr  shearers  shall  have  fies  as  formerly. 

SERVANTS'  RE-ENGAGEMENTS. 

Anent  a  greiveance  given  in  compleaneing  that  srvants,  albeit  they 
doe  not  renounce  their  srvice  in  due  tym,  yet  refuise  to  serve  their  then 
masters,  ffor  redress  qrof  it  is  enacted  and  ordeined  that  all  servants  for 
thereafter  who  shall  not  take  leive  of  their  present  masters  fourtie 
dayes  before  the  ensueing  terme  shall  be  bound  to  serve  their  present 
masters  for  the  subsequent  half  yeir,  and  their  fieing  with  ane  uther 
persone  shall  be  declaired  null  and  illegal.  Also  masters  not  giveing 
lieve  to  their  srvants  fourtie  dayes  befor  the  tearme  shall  be  bound  to 
his  srvants  one  or  more  aither  to  give  him  service  or  pay  his  fie  for  the 
sd  subsequent  half  ycir. 

GRATUITIES  TO  SERVANTS  ILLEGAL. 

Anent  the  refer  from  the  court  of  Monbleattoun  of  the  affair 
betwixt  James  Grant  and  John  Ord  his  srvant,  James  Grantes 
depositione  being  redd  and  considered  by  the  Justices  of  Peace  and  by 
them  voted  by  pluralitie  of  votes  ffind  James  Grant  hes  transgressed 
the  actes  in  promiseing  or  intending  a  gratuitie,  and  yrfr  ffynes  and 
amerciates  him  in  flburtie  shillinges  Scots,  and  ordeines  him  to  pay  the 
samyn  to  the  ftiscall  att  the  barr,  but  prejudice  that  he  be  fyned  in 
fyftie  poundes,  if  he  exceid  the  ordinarie  fie  to  Jon  Ord.  It  is  statute 
by  the  Justices  that  any  person  promiseing  by  himself  or  any  uther 
persone  to  his  knowledge  any  gratuitie  thigeing  or  the  lyke  dureing 
service  or  thereafter  or  good  deid  to  any  srvant  shall  be  fyned  in 
fyftie  poundes  Scots,  the  samyn  being  promised  intuitu  of  the  srvice 
toties  quoties.  The  Justices  regulat  the  tymes  of  fieing  servants  for 
hereafter  to  be  the  tuantietli  of  Junij  for  the  harvest  shearers,  and  the 
first  of  Aprill  and  the  first  of  October  for  sumer  and  winter  half  yeires 
rexive  for  hyred  servants. 

TANNERS   OF    LEATHER — PRICES. 

The  Justices  judge  and  enact  that  for  hereafter  all  tanners  of 
leather,  whither  shoemakers  or  uthers,  that  have  barked  or  shall  bark 


JURISDICTION    OF   JUSTICES    IN    REGALITIES.  247 

leather  for  the  future,  shall  be  obleist  if  shoemakers  they  shall  be  obleist 
to  make  and  sell  the  samyn  at  the  ordinarie  rates  and  ordinarie  places 
within  ten  dayes  after  intimatione,  and  if  tanners  they  shall  be  obleist 
to  sell  the  hydes  to  shoemakers  or  uthers  offereing  to  buy  them 
within  the  sd  space  at  the  followeing  rates  viz.  at  ffourtie  shillinges 
Scots  money  for  the  best  ox  hyde,  and  half  a  croune  for  the  courser 
oxen  hydes  and  best  cowes  hydes,  and  proportionallie  for  lesser  hydes, 
and  that  of  profile  and  for  taneing  over  and  above  the  pryces  given 
by  them  at  first  buyeing  the  hydes  rough,  qch  pryces  arc  to  be  given 
befor  the  nixt  Justice  of  Peace  upon  oath  \\ith  certificatione  of 
confiscatione. 

YEARLY   FIAR   OF   PRICES   OF   SHOES. 

The  Justices  present  think  it  convenient  that  there  be:  a  ffiear  made 
yeirlie  for  the  pryces  of  shoes,  and  to  this  purpose  that  fyvc  men 
neutrall  and  indifferent  out  of  each  district  with  one  tuo  or  thrie  of  the 
Justices  of  each  district  doe  meitt  yeirlie  for  makeing  the  sd  ffiear  on 
oath,  and  appoyntes  the  meiteing  for  this  yeires  fiear  to  be  at  ffordyce 
on  the  last  Tuesday  of  Maij  instant,  and  if  any  of  the  fyve  from  each 
district  bees  necessarly  absent,  or  wilfullie,  the  Justices  then  present 
may  name  uthers  in  the  absents  places,  and  those  wilfullie  absent  shall 
be  fyned  at  the  Justices  piit  their  discreatione,  intimatione  being  made 
to  them  ;  which  ffear  being  made,  appoynts  ane  double  yrof  to  be  sent 
to  each  district,  that  the  samyn  may  be  ane  sure  and  prime  rule  for  the 
pryces  of  shoes  for  this  yeir. 

There  being  a  greiveance  given  in  anent  cottars  the  tym  of  their 
fieing  and  extravagant  vadges,  the  Justices  present  remitt  the  samyn  to 
the  nixt  generall  meiteing  the  first  Tuesday  of  August  nixt  to  come. 

And  appoyntes  intimatione  of  the  heall  premisses  to  be  made  at 
each  parish  kirk  of  this  district  on  Sunday  nixt  and  the  ffiscall  to 
send  the  samyn  to  the  rexive  parish  kirk  [s]  yrof,  and  the  ffiscall  to 
advance  money  to  him  for  that  effect.  Lykeas  the  sds  heall  Justices 
enact  that  the  Justices  of  Peace  of  each  district  shall  [have]  power  and 
freedom  to  destribute  and  dispose  of  the  rexive  emoluments  of  their 
owne  courtes,  or  utherwayes  as  they  shall  think  fitt  within  their  owne 
districtes,  reports  being  made  yrof  at  each  quarterly  meiteing  when 
called  for. 


248  RECORDS    OF    THE    COUNTY    OF    BANFF. 

Sitting  as  Commissioners  of  Supply  the  meeting  received  the 
Collector's  bond  of  caution  for  the  current  cess,  and  handed  it  to  their 
Clerk  for  safe  custody. 

The  Post  continued  for  one  quarter  to  Lambes  at  the  former  salary. 

Decree  given  against  John  Grant  of  Ballindalloch  for  arrears  of 
cess. 

And  the  preses  in  name  and  at  comand  of  the  remanent  Comissioners 

and  justices  hes  subscrvved  this  their  sederunt. 

A.  HAY,  P. 

In  regard  to  the  claim  by  the  Justices  to  jurisdiction  over  the 
inhabitants  of  regalities,  a  reference  to  the  act  cited,  viz.,  the  act  of 
1661  re-establishing  Justices,  hardly  bears  out  their  contention.  A 
regality  was  a  grant  by  the  Crown  of  regal  jurisdiction  in  civil  and 
criminal  matters  within  the  territory  assigned  to  the  regality.  With 
the  exception  of  persons  charged  with  treason,  the  Lord  of  the  regality 
could  withdraw,  or  repledge  as  it  was  technically  called,  any  one  within 
his  territory  from  trial  before  any  other  court,  whatever  crime  he  was 
charged  with.  Very  considerable  portions  of  Scotland  were  by  this 
date  converted  into  regality,  the  part  of  the  country  remaining  under 
the  jurisdiction  of  the  King's  courts  being  termed  royalty.  Conflicts 
of  jurisdiction  were  of  common  occurrence  between  competing  courts. 
These  regality  jurisdictions  were  abolished  in  1747. 

MEASURES  AGAINST  IDLE  PERSONS  LYING  OUT  OF  SERVICE. 

SEDERUNT  of  the  Justices  of  Peace  of  the  shyre  and  district  of 
Banff,  Justices  present — The  Laird  of  Carnowsie,  Mr.  Andrew- 
Hay  of  Monblearie  and  Alexr.  Wilson  of  Litlefield,  who  choised 
the  sd  laird  of  Carnowsie  preses,  holden  at  Blacktoun  the 
tuantieth  day  of  Maij  Jayvij&  and  thrie  yeires.  Also  Dun- 

lugas 

The  sd  day  there  being  ane  executione  given  in  by  William  Gellie 
officer  agt  severall  idle  persones  ffor  their  lyeing  out  of  service,  and 
being  called  George  Youngsone  in  Sandley,  Issobell  Kennedie  yr, 
George  Anton  servant  to  George  Stuart  in  Rosieburne,  Margaret  Hay- 
in  Caldhame  and  Janet  Bennett  in  Muirehill  ffailled  to  compeir,  and 
yrfr  the  Justices  ffynes  George  Youngsone  in  ffourtie  shillinges  Scots 
because  he  was  not  perlie  cited,  and  the  sd  George  Anton  in  ten 
poundes,  and  the  sds  Margaret  Hay,  Janet  Bennett  in  ffoure  poundes 
Scots,  ilk  ane  of  them  to  pay  the  samyn  to  the  ffiscall. 


IDLE    PERSONS    LYING    OUT    OF    SERVICE.  249 

And  the  remanent  idle  persones  viz. : — Jon  Ord,  Alexr.  Stuart, 
James  Moreson,  George  Chalmer,  Isobell  Kennedie,  Issobell  Grant, 
Janet  Smout  laullie  cited  called  and  compeireand:  The  sd  Alexr.  Stuart 
acknowledges  he  hes  fied  with  John  Tayleor  in  Itlaw  regularlie,  and  is 
to  enter  his  service  and  yrfor  is  assoylied.  George  Chalmer  servant  to 
James  Mitchell  declaired  he  was  fied  with  James  Grant  about  the  third 
last  day  of  March,  and  is  resolved  to  enter  home  to  his  service.  The 
Justices  ffind  the  fieing  with  James  Grant  irregular  and  that  he  cannot 
srve  James  Grant.  The  said  John  Ord  compeireing  declaired  he  is 
upon  the  taking  of  a  possessione  viz.,  the  lands  of  Craighead,  and  he  is 
on  the  bargane,  and  if  that  bargane  goe  off  he  is  willing  and  content  to 
serve  James  Grant  his  last  master,  and  to  this  purpose  he  enactes 
himself  betwixt  and  the  first  day  of  Junij  nixt  to  come,  under  the 
paine  of  ten  poundes  Scots  money.  James  Moresone  compeireing 
declaires  he  is  content  to  serve  James  Stuart  his  present  master  and 
accordinglie  engadged  with  the  sd  James  Stuart.  Issobell  Grant  hes 
presentlie  fied  with  James  Ogilvie  in  Newtoun. 

Margaret  Hay  on  the  uther  syde  is  decerned  to  serve  Jon  Brodie  in 
Brydock  the  current  half  yeir,  or  els  grants  warrand  to  imprisone  hir  in 
the  tolbuith  of  Banff. 

Janet  Shirren  is  decerned  to  keep  hir  service  with  John  Thomsone 
in  Ryland  this  current  half  yeir,  he  finding  sufficient  suirtie  to  hir  for 
the  rest  of  hir  last  half  yeires  fie  and  the  current  half  yeir,  utherwayes 
she  to  be  frie,  and  if  she  refuise  grantes  warrand  to  imprison  hir. 

It  is  enacted  that  George  Chalmer  above  designit  doe  presentlie 
engage  in  service  at  the  ordinarie  rates,  utherwayes  to  be  ffyned  and 
imprisoned.  The  sd  George  judiciallie  in  face  of  the  court  engadged 
with  Peter  Smith  in  Achinbedie  at  the  ordinarie  rate,  and  so  he  is 
assoylied. 

The  Justices  names  James  Wood  in  Doune,  Alexr.  Mill  at  Mylne  of 
Alvach,  George  Wobster  in  Kirktoun  of  fforglen,  James  Barron  in 
Tillifafe  and  George  fforsyth  in  Culbuichlie  to  go  to  ffordyce  on  the  last 
Tuesday  of  May  instant  to  make  the  ffieiar  of  shoes  pryces  conforme 
to  the  last  act,  and  William  Gellie  to  warne  them  thereof. 

The  Justices  ordein  intimationes  to  be  sent  out  to  the  heall  parishes 
of  the  district  by  the  ffiscall,  ordeineing  the  heall  constables  in  ilk 

G  2 


250  RECORDS  OF  THE  COUNTY  OF  BANFF. 

parish  to  come  to  Blacktoun  on  Thursday  the  27th  instant,  and  bring 
with  them  listes  of  all  idle  persones  within  their  boundes,  and  to  caues 
cite  them  to  the  court  the  sd  day  that  course  be  taken  yranent,  and  that 
all  persones  haveing  complents  may  be  warmed  to  be  present. 

GEO.  GORDONE,  P. 

SEDERUNT  of  the  Justices  of  Peace  of  the  shyre  of  Banff  within 
the  district  of  Banff  holden  at  Blacktoun  the  27th  of  May  1703 
yeires,  Justices  present — The  Laird  of  Dunlugas,  Colleynard, 
Monblearie  and  Litlefield,  who  choised  the  sd  Andrew  Hay  of 
Monblearie  preses,  also  Justices,  Carnowsie,  Glashauch  and 
Brakanhilles. 

Anent  the  complent  given  in  by  Peter  Smith  in  Achinbedie  agt 
George  Chalmer  compleineing  that  the  sd  George  had  not  only  deserted 
his  judiciall  fieing  the  last  court  day,  but  also  entered  service  with 
James  Grant  with  whom  he  was  irregularlie  fied,  qch  being  made  appeir, 
the  Justices  ordein  George  Chalmer  imediately  to  enter  home  to  Peter 
Smith,  qrin,  if  he  faillie  within  24  houres,  grants  warrand  to  a  constable 
to  imprison  him  till  he  find  suirtie  to  performe  his  sfvice,  but  in  respect 
neither  of  them  are  cited  till  they  appeir  befor  ryseing  of  the  court, 
and  if  not  ordeines  James  Grant  and  George  Chalmer  to  be  cited  to 
the  nixt  court  for  their  contempt  of  the  last  act. 

The  Justices  ffynes  Janet  Smout  and  Mary  Shirren  hir  mother  in 
tuantie  shillinges  Scots  each  of  them  ffor  the  sd  Janet  hir  deserteing 
hir  srvice  conforme  to  the  last  dayes  act,  and  hir  mother  for  counten- 
anceing  hir  yrin. 

Jon  Duftone  in  Turtrie  is  decerned  to  enter  home  to  William  Ritchie 
in  Turtrie  his  srvice,  as  reasonablie  he  can  serve  till  the  nixt  terme  at 
the  ordinarie  rates,  and  he  is  to  give  him  no  other  srvice  then  his  present 
conditione  is  capable  of,  wherein  if  he  faillie  grantes  warrand  to  a 
constable  to  apprehend  him  and  incarcerat  him  till  he  find  suirtie  to 
fulfill  his  srvice. 

Janet  Irvine  in  Haddo  ane  idle  woman  decerned  to  enter  home  to 
Wm.  Spence  in  Haddo  the  current  half  yeir  under  the  above  certifi- 
catione,  and  which  she  judiciallie  undertook. 

The  constables  of  Inverkeithnie  gave  in  a  list  of  idle  persones  and 
declaired  they  cited  them  according  to  the  last  act  to  the  court.  There 


SERVANTS  TO  ENGAGE  FOR  ONE  YEAR  AND  ANENT  APPRENTICES.    251 

names  are  these — Janet  ffraser  now  in  .  .  then  in  ffortrie  absent, 
Cristian  ffindlater  now  in  ....  Janet  Collie  in  ffortrie,  Cristan 
Harper  in  Tullos,  Janet  Wobster  there,  Helen  Russell,  Janet  Burnet  in 
Creilwell,  Margret  Larg  in  Haddo,  Issobell  Smith  in  Achingoule, 
Elizabeth  Con  yr.,  Elizabeth  Browne  there,  who  all  being  cited,  called 
and  not  comperieand,  the  Justices  ffynes  ilk  ane  of  them  in  ffourtie 
shillinges  Scots  money,  and  decerned  to  pay  the  samyn  to  the  ffiscall, 
and  all  ordeined  to  choise  masters  and  enter  service  again  Sunday  nixt, 
with  certifica°ne  that  if  they  faillie  any  persone  challengeing  them  shall 
have  right  to  their  service;  and  the  constables  are  warranted  to  enter 
them  to  the  acclaimers  service. 

The  Justices  ffynes  and  amerciates  William  Mair  now  srvant  to 
Corskie  yor  in  ffourtie  shillinges  Scots  money  for  his  contumacie,  being 
lawllie  and  perlie  cited  and  called  and  not  compeirand. 

George  Youngsone  fyned  last  day     .     .     .     reponed  and  assoylied. 

George  Chalmer  now  compeireing  refuises  to  serve  Peter  Smith. 
The  Justices  ffynes  the  sd  George  Chalmer  in  ten  poundes  Scots,  and 
ordeines  him  to  goe  to  prisone  in  the  tolbuth  of  Banff  till  he  pay  the 
fyne,  and  find  suirtie  to  fulfill  his  srvice  and  his  lie  presentlie  arreisted 

in  James  Mitchells  handes  and  any  goods  in  his  handes 

A.  HAY,  Preses. 

SEDERUNT  of  the  Comissioners  of  Supply  and  Justices  of  Peace 
of  the  shyre  of  Banff,  being  a  quarterly  meiteing  conveined  at 
Banff  the  third  day  of  August  Jayvij&  and  three  yeires :  Com- 
issioners and  Justices  present — My  Lord  Boynd,  The  Lairds 
of  Dunlugas,  Glashauch,  Crombie,  Monblerie,  Kirkhill,  Colley- 
nard,  Nicolas  Dunbar  of  Castlefield  and  Alexr.  Wilsone  of 
Litlefield  and  John  Cuthbert  of  Brakanhilles,  who  by  pluralitie 
choised  my  Lord  Boynd  preses. 

The  shires  Post  continued,  his  dues  to  be  stented  with  the 
Lambes  cess. 

SERVANTS  TO  ENGAGE  FOR  ONE  YEAR  AND  ANENT  APPRENTICES. 

The  sds  Comissioners  as  Justices  of  Peace  in  respect  of  the  old 
customes  of  the  countrey  and  acts  and  ordinances  of  the  Justices  of 
Peace  of  the  shyre  doe  ffind  enact  and  ordein  that  ffor  heireafter  after 


252  RECORDS    OF    THE    COUNTY    OF    BANFF. 

the  tearme  of  Witsunday  nixt  to  come  all  servantes  fieing  shall  fie 
for  ane  yeir  and  for  no  shorter  tym,  unles  the  master  shall  please  of  his 
owne  will  to  dispence  with  ther  servants.  And  also  that  for  heireafter 
no  person  shall  be  allowed  to  engadge  prenteis  to  any  tradesman 
without  warrand  from  a  general  meiting  of  the  Comissioners  in 
presentia,  or  from  ffyve  Justices  within  their  owne  district  meiteing 
togidder  and  granteing  the  same  upon  reasonable  reasons  under  the 
penaltie  of  ten  poundes  Scots  money  for  the  prenteis  and  als  much  for 
the  master,  besyde  being  lyable  to  serve  any  master  who  shall  challenge 
the  sd  prenteis,  and  being  declaired  uncapable  to  serve  the  sd  master  as 
prenteis  or  utherwayes  without  resrve.  It  is  furder  enacted  statute  and 
ordeined  that  whoever  shall  for  hereafter  reteine  any  srvant  adjudged 
by  sentence  to  ane  uther  master  after  intimatione  or  their  being  in 
knowledge  yrof,  or  shall  any  way  collude  or  connive  with  a  servant  to 
evite  the  law,  or  any  third  persone  who  shall  after  intimatione  keep 
harbour  the  sd  servant  shall  be  subject  and  lyable  to  a  ffyne  and  unlaw 
of  ten  poundes  Scots  money  toties  quoties,  by  and  attour  the  skeath 
and  dammadge  susteined  by  the  partie  leised.  They  also  ffind  and 
enact  that  no  persone  possessing  small  craftes  of  mein  pay  shall  be 
allowed  for  hereafter  to  have  any  srvants  but  one,  and  that  a  third  rate 
servant  of  men  srvants,  and  they  declaire  that  tradesmen  are  herein 
includit. 

Fines  ordered  to  be  imposed  on  Justices  absent  from  meetings. 

Brackanhilles  presented  a  letter  from  Cowbardie,  Badinscoth, 
Hattoun  and  Castletoun,  Justices  of  Peace  of  the  shyre  of  Aberdein, 
dateit  i6th  of  July  last  past  direct  to  the  Justices  of  Peace  of  this 
shyre  assureingof  their  concurrence  in  justice  with  the  Justices  of  Peace 
of  this  shyre  in  all  thinges,  and  parlie  anent  the  srvants  who  fledd  out  of 
this  shyre  to  Aberdein,  and  desyreing  the  lyke  from  this  shyre.  The 
Justices  doe  resolve  to  keep  correspondence  with  those  of  Aberdein;  and 
in  order  thereto  doe  recomend  to  all  the  Justices  in  particular  and 
generall  to  return  to  Aberdein  the  srvants  come  thence  to  those  who 
calles  for  and  hes  right  to  them.  PATRICK  OGILVIE 

SEDERUNT  of  the  Comissioners  of  the  shyre  of  Banff  viz.  Sir  Jon 
Gordon  of  Park,  The  Lairds  of  Carnowsie,  Kirkhill,  Monblerie, 
Colleynard,  George  Leslie  of  Burdsbank,  Nicolas  Dunbar  of 


BALLINDALLOCH'S  ARREARS  OF  CESS.  253 

Castlefield  and  Alexr.  Wilson  of  Litlefield,  who  all  choised  the 
sd  Sir  Jon  Gordon  preses,  holden  at  Banff  the  tuantie  sixt  day 
of  October  Jajvij&  and  thrie  yeires. 

The  Post  continued  for  a  quarter  by  a  pluralitic  of  votes,  the 
expense  to  be  stented  with  next  quarter's  cess.  Castlefield,  the  Col- 
lector, produces  receipts  from  the  General  Receiver.  Regarding  a 
party  lying  on  the  shire  for  deficiency  of  Lambes  cess,  the  deficiency 
is  ordered  to  be  paid  to  the  party,  and  the  same  stented  on  the  deficients. 

SIR  JOHN    GORDON   OF   PARK. 

The  said  day  the  sd  Sir  Jon  Gordon  represented  that  no\v  he  being 
of  a  good  age  and  often  tender  and  not  able  to  travell  especiallie  in  the 
winter  tym,  and  considering  that  hitherto  he  hes  bein  most  willing  to 
comply  with  authoritie  in  keeping  meiteinges,  he  therefor  protestes  to 
be  excused  for  his  absence  in  tym  comeing,  utherwayes  declaires  he  will 
demitt  and  give  over  to  officiat,  and  thereupon  took  instrument ;  and  if 
he  doe  continew  protestes  that  he  may  be  joyned  to  the  district  of  Banff. 
And  in  respect  the  sd  Sir  John  Gordone  for  reasones  knowen  to  him 
declynes  to  subscryve  the  act,  the  Comissioners  of  new  again  elect 
James  Dunbar  of  Durne  to  be  preses  of  this  meiteing  in  Sir  Jon 
Gordones  vice,  and  he  at  desyre  of  the  remanent  Comissioners  and  in 
their  name  subscryve  this  their  act. 

JA.  DUNBAK,  I.P.C. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff, 
conveined  at  ffordyce  the  ffirst  day  of  ffebruarie  Jajvij&  and 
foure  yeires :  Comissioners  present  : — My  Lord  Boynd,  The 
Laird  of  Crombie,  Durne  younger,  Edingeith,  Colleynard, 
Kirkhill,  Castlefield,  Birkenboig  and  Glashaugh,  who  choised 
My  Lord  Boynd  preses. 

BALLINDALLOCH'S   ARREARS   OF   CESS. 

The  Comisioners  considering  that  there  is  a  partie  lyeing  on  the 
shyre  for  the  rest  of  the  Mertimes  cess  as  yet  unpayed,  and  also 
considering  that  there  is  a  great  rest  and  of  ane  old  continowance  upon 
the  Laird  of  Bellindalloches  landes  of  Tullochcaron,  Pitchaise  and 
Morinshe,  which  does  occasione  so  often  parties  on  the  shyre,  albeit 
intimation  of  deficiencic  be  made  tearmlie  to  him  of  his  restes,  and 


254  RECORDS   OF  THE   COUNTY  OF   BANFF. 

that  for  easeing  the  shyre  the  Comissioners  have  proportioned  the 
deficiencie  on  the  deficients,  and  ordered  the  Collector  to  advance  the 
samyn  to  the  parties.  Therefor  the  Comissioners  ordein  their  Collector 
to  give  a  list  of  the  said  Bellindalloches  present  rest  to  the  partie 
pntlie  quartering,  and  orders  that  they  doe  locallie  lye  on  his  landes, 
untill  he  procure  the  Collectors  removeall  or  discharges,  and  that  they 
be  payed  of  their  deficiencie,  and  have  given  orders  for  that  effect. 

The  Post  continued  for  a  quarter.  Cess  for  the  ensuing  Candlemas 
term  proportioned. 

It  being  lykewayes  represented  that  Egiptianes  idle  persones  to 
abound,  therefor  the  Commissioners  doe  recomend  to  all  persones  to 
sease  and  apprehend  the  sds  wagabounds  Egiptianes  and  idle  persones 
and  secure  them  in  prison  till  tryall. 

Also  severall  brewers  compeireing  conforme  to  the  last  underwrine 
produced  and  gave  in  renunciationes  of  their  brevveinges,  which  the 
Comissioners  doe  allow  off  so  far  as  they  are  legall  and  alloweable. 

PATRICK  OGILVIE. 

ENTRIES  MADE  BY  BREWERS. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
and  district  yrof,  conveined  this  fourth  of  Aprill  Jayvij&  and 
four  yeires  being  the^  first  Tuesday  of  sd  moneth  at  Banff: 
Comissioners  present — Mr.  William  Joass  of  Colleynard,  John 
Cuthbert  of  Brakenhills  and  Alexr.  Wilson  of  Litlefield  and 
Jon  Dunbar  of  Kirkhill. 

The  sd  day  the  sd  Comissioners  haveing  mett  conforme  to  and  in 
obedience  of  the  act  and  proclamatione  of  Councel  dateit  the  5th  of 
August  1702,  ffoundit  upon  the  acts  of  the  Comissioners  of  Supply  of 
the  shyre  divydeing  the  shyre  in  severall  districtes  ffor  heireing  and 
receiveing  the  complents  betwixt  tacksmen  of  excyse  and  brewers,  and 
receiveing  the  brewers  entries  of  liquors  sold  by  them  from  the  first  day 
of  March  last  past  to  the  first  instant.  The  sds  Comissioners  haveing 
called  for  the  tacksmen  or  collectors  of  excyse  of  this  shyre,  if  any  be, 
to  give  in  their  claimes  and  complents  produce  their  rightes  and  titles 
and  sie  the  brewers  make  their  entries  and  controll  the  samyn,  and  non 


ENTRIES    OF    BREWERS. 


255 


compeireing  they  proceided  to  receive  the  several  entries  made  by  the 
brewers  as  followes,  viz. : — 

Walter  King  in  Newmylnes  in  ffordyce  parishe  enteres  by  his  wyfe 
browen  and  sold  in  the  moneth  of  March  threttie  nyne  gallones  two 
pyntes  and  one  chappin  of  eale  and  beir,  and  one  gill  of  acqua  vite,  and 
offers  to  depone  yrupon. 

Magnus  Morgan  in  Cleichden  in  Gemrie  parish  enteres  by  himself 
ut  supra  twantie  gallones  and  seven  pynts  and  one  chappin  eale,  and 
thrie  choppines  of  aqua  vite 

James  Wood  in  Doune  in  Gemrie  parish  enters  by  himself  ut  supra 
sixtein  gallones  eale,  and  one  pynt  acqua  vite. 

Elspet  Mill  at  Scotsmylne  in  Boyndie  parish  enters  by  hirself 
eighteen  gallones  and  fyve  pynts  of  eale,  and  five  choppines  and  one 
gill  of  acqua  vite. 

James  Stuart  in  Whytehill  in  Boyndie  parish  by  himself  enters  ten 
gallones  eale,  and  no  aqua  vite. 

William  Robertson  in  Boarstone  in  Boyndie  parish  by  his  wyfe 
enters  nyne  gallones  eale. 

James  ffraser  in  Whitehilles  in  Boyndie  parish  enters  by  himself 
ffyve  gallones  eale. 

George  Lumsden  there  by  his  wyfe  enters  ffour  gallones  eale. 

Alexr.  Donald  in  Boyndie  in  the  said  parish  by  his  wyfe  enteres 
thrie  gallones  eale. 

George  Watson  in  Whytehilles  in  the  sd  parish  by  his  wyfe  enters 
ffyve  gallones  eale. 

William  Mill  in  Dunlugas  in  Alvach  parish  by  himself  ffour  gallones 
eale,  and  a  pynt  of  aqua  vite. 

William  Gellie  in  Alvach  in  that  parish  by  himself  enteres  twantie 
thrie  gallones  of  eale. 

Alexr.  fforsyth  in  Roundhill  in  Banff  parish  by  himself  enteres 
ffyftein  gallones  of  eale,  and  thrie  chappines  of  aqua  vite. 

George  Steinson  in  Sandehilles  in  the  sd  parish  be  himself  enters 
ffyve  gallones  eale. 

James  Coupland  in  Culbuichlie  in  Banff  parish  by  himself  enters 

William  Cruickshank  in  Doune  in  Gemrie  parish  by  himself  enteres 
eightein  gallones  eale. 


256  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Andrew  Jonstoun  in  Corskie  in  Aberchirder  parish  by  himself  enteres 
nyne  gallones  eale. 

George  Ranie  in  Cranno  in  the  sd  parish  by  himself  enters  ten 
gallones  eale. 

Alexr.  Simpson  in  Myresyde  in  the  sd  parish  by  himself  enteres 
eightein  gallones  eale,  and  six  pyntes  of  aqua  vite. 

William  Gordon  in  Cragiebrea  in  the  sd  parish  enters  by  himself 
tualve  gallones  eale. 

William  Allan  in  Muirealehouse  in  Aberchirder  parish  by  himself 
enteres  threttie  gallones  eale,  and  two  pyntes  of  aqua  vite. 

Patrick  Touch  in  Mossyde  of  Kinairdie  in  Aberchirder  parish  by 
himself  enters  eightein  gallones  of  eale,  and  six  pyntes  of  acqua  vite, 
and  six  gallons  eale  in  Marnan  fair. 

John  Ritchie  in  Turtrie  in  Rothemey  parish  by  himself  enteres 
sixtein  gallons  eale. 

Thomas  Ruddicman  at  Mylne  of  Crombie  in  Aberchirder  parish  by 
himself  enteres  twantie  gallones  of  eale. 

Which  heall  above  named  persones  brewers  offered  indiviallie  to 
depone  on  the  above  entries  made  by  them  of  the  quantities  above  sett 
doune,  brewen  and  sold  by  them  from  the  first  of  March  last  past  to 
the  first  day  of  Aprill  instant,  and  offered  to  make  payment  of  the 
excyse  yrof  accordingly,  and  protested  to  be  frie  of  all  penalties  of  law 
in  respect  of  their  complyance  with  the  law,  which  protestatione  the 
Comissioners  admittes,  and  in  respect  non  compeired  to  controll  the 
sds  er.tries  or  accept  of  the  excyse  continowes  the  payment  of  the  excyse 
till  a  collector  or  tacksman  appeir  and  assoylies  the  brewers  from  the 
penalties  of  law. 

W.  JOASS. 

Jo.    CUTHBERT. 

ALEX.  WILSONE. 

J.    DUNBAR. 

AT  Banff  the  second  day  of  May  Jajvij&  and  foure  yeires. 

The  Commissioners  order  the  Collector  to  raise  diligence  against 
the  Laird  of  Bellindalloch  for  arrears  of  cess.  The  Whitsunday  term's 
cess,  including  Post's  dues,  Collector's  and  Clerk's  salaries,  is  stented  at 
forty  seven  shillings  Scots  on  each  £100  Scots  of  valued  rent. 


COMPLAINTS    AGAINST    BREWERS.  257 

MEITEING  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
conveined  at  Banff  the  ffirst  day  of  August  being  the  first 
Tuesday  yrof  in  the  yeir  Jayvij&  and  foure  yeires  :  Comis- 
sioners present — My  Lord  Boynd,  The  Lairdes  of  Dunlugas, 
Carnousie,  Durne  yor,  Glashach,  Cromhie,  Colleynard,  Mon- 
blerie,  Brackanhilles,  Litlefield  and  Burdsbank,  who  all  choised 
my  Lord  Boynd  preses. 

The  Comissioners  anent  a  report  made  by  my  Lord  Boynd  of  a 
returne  to  him  of  the  letter  he  had  received  from  the  Laird  of  Grant 
yor  anent  his  cess,  the  Comissioners  ordein  the  letter  to  be  recorded, 
and  ordein  the  partie  now  quartering  to  be  sent  to  Bellindalloch  to  lye 
locallie  there,  till  all  bygone  arriers  of  the  cess  due  out  of  Bellindalloches 
landes  in  this  shyre  be  payed. 

COMPLAINTS  AGAINST  BREWERS. 

James  Campbell  of  Kerenach,  factor  for  John  Chrystie,  Writer  in 
Edinburgh,  Tacksman  of  the  excise  of  live  counties  in  Scotland 
including  Banff,  and  Patrick  Reid,  appointed  by  James  Campbell  to 
uplift  the  excise  in  Banffshire,  appear  before  the  Commissioners  with 
a  representatione  claime  and  complent  upon  the  brewers  of  severall 
parishes  of  the  shyre. 

BANFF  first  of  August  1704.     Comissioners  pnt. 

James  Campbell  of  Kerenach  and  Patrick  Reid  having  cited  the 
heall  brewers  of  St.  ffergus  and  ffetterangus,  and  they  being  called 
and  non  compeireing  except  Alexr.  Dalgarno  and  James  Wyldgoose, 
who  refuised  to  depone  on  their  entries,  therefore  the  sds  pursrs  entered 
for  them  and  ilk  ane  of  the  remanent  brewers  of  the  sd  roll  the  number 
of  ffyve  hundreth  gallones  of  eale  browen  and  sold  by  them  since  the 
first  day  of  March  last  past  preceiding  this  day,  them  and  ilk  ane  of  them. 

Helen  Stuart  spouse  to  Robert  Lumsden  in  Cullen,  called  and 
compeireand  offered  to  depone  she  did  not  brew  for  scale  since  March 
last,  but  confest  breweing  for  hir  owne  and  families  use,  as  she  was  in 
use  to  doe  off  befoir  she  brewed  for  sale,  as  is  weill  knowen  to  severalls 
of  the  Comissioners  pnt.  In  respect  qrof  the  Comissioners  assoylies 
the  sd  Robert  Lumsden  and  his  said  spouse,  agt  qch  sentence  the  sd 

H  2 


258  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Peter    Read    protested   as   being   contrair  to  the  acts  of   Parliat  and 
Counsel!,  and  for  coast  skeath  and  damnadge. 

John  Spence  in  Seatoun  of  Cullen,  Robert  Moreson  now  in  Rathen, 
Janet  Durhame,  James  Urquhart,  Barbara  More,  Sarah  Dalgerno, 
Andrew  Gerard,  Robert  Elleis  and  Alexr.  Gray  called. 

Those  not  appearing  have  entries  of  500  galls,  of  ale  and  50  galls, 
of  aqua  vite  made  against  them,  from  ist  March. 

PATRICK  OGILVIE,  I.P.C. 

COMMISSIONERS  FOR  THE  SHIRE  OF  BANFF,  1704. 

An  Act  of  Supply  granting  six  months'  cess  on  the  land  rent  was 
passed  by  Parliament  on  5th  August  1704,  and  the  following  were 
appointed  *  Commissioners  for  Banffshire. 

William  Earl  Marischall,  James  Earl  of  Findlater,  James  Earl  of 
Seafield,  Sir  Patrick  Ogilvie  of  Boyne,  Sir  Alexander  Ogilvie  of  Forglen, 
Ludovick  Grant  of  that  Ilk  elder,  Alexander  Grant  of  that  Ilk  younger, 
Sir  John  Gordon  of  Park,  Sir  James  Abercrombie  of  Birkinboig, 
Alexander  Gordon  of  Pitlurg,  James  Ogilvie  younger  of  Boyne, 
Alexander  Duff  of  Braco,  William  Baird  of  Auchmedden,  Alexander 
Gairne  of  Troup,  John  Ramsay  of  Laithers,  Peter  Russel  of  Moncoffer, 
Robert  Grant  of  Dunlugus,  James  Ogilvie  of  Logic,  Mr.  William  Joss 
of  Coleinward,  Mr.  Andrew  Hay  of  Montblairie.  Alexander  Wilson  of 
Litlefield,  George  Gordon  of  Carnousie,  Mr.  Francis  Grant  of  Cullen, 
Alexander  Grant  of  Bellintomb,  John  Abernethie  of  Meyan,  James 
Gordon  of  Ardmeallie,  James  Hamiltoun  of  Cowbardie,  -  —  Abernethie 
of  Corskie  younger,  Alexander  Abercrombie  of  Glashaugh,  James 
Dunbar  younger  of  Durn,  James  Ogilvie  of  Poldavid,  Nicolas  Dunbar 
of  Castlefield,  John  Hay  of  Moldavid,  Patrick  Steuart  of  Tannachie, 

-  Gordon  of  Buckie,  Alexander  Abercrombie  of  Skeith,  Alexander 
Sutherland  of  Kinminitie,  John  Innes  of  Edingith,  John  Innes  of 
Edingith  younger,  Charles  Gordon  of  Glengeirrack,  William  Gordon 
of  Birkenburn  younger,  -  -  Gordon  of  Achynachie,  John  Grant  of 

Carron,    John    Grant    of    Bellindallach,    Major   George    Arnot,    

Steuart  of   Kilmaichlie,   Robert   Gumming  of   Reicleiteich,  Alexander 

Leslie  of    Kininvie,   Mr.  James  Leslie  of  Tullich,  Alexander  Duff  of 

Drumuir,  Thomas  Donaldson  of  Kinnairdie,  John  Cuthbert  of  Braickin- 

'The  Acts  of  the  Parliaments  of  Scotland,  Vol.  XI.,  p,  149. 


CAPTAIN   JOHN   GRANT  OF   EASTER   ELCHIES.  259 

hills,    Walter  Grant   of   Ardendillie,    Captain   John   Grant   of   Easter 

Elchies, Steuart  of  Achorachan,  James  Duff  of  Crombie,   John 

Ogilvie  of  Kempcairn. 

ATT  Banff  the  tualth  day  of  September  Jajvij&  and  foure  yeires, 
in  a  meiteing  of  the  Comissioners  of  Supply  of  the  shyre  of 
Banff,  Comissioners  present — My  Lord  Boynd,  The  Laird  of 
Boynd,  Birkenboig,  Troupe,  Lathers,  Glengcrack,  Glashach, 
Crombie,  Dunlugas,  Brackanhilles,  Meyen,  Corskie,  Colleynard, 
Litlefield,  Kinairdie,  Kininvie,  Captain  Grant  of  Easter  Elcheis, 
Arindillie,  Castlefield,  Carnousie,  Monblearie,  Bellintome, 
Durne  yor,  Edingeith  elder,  who  by  pluralitie  of  votes  chosed 
my  Lord  Boynd  preses. 

The  sd  day  John  Abernethie  of  Meyen,  Alexr.  Abernethie  of  Corskie, 
John  Grant  of  Eister  Elcheis,  Mr.  ffrances  Grant  of  Bellintome,  Alexr. 
Leslie  of  Kininvie,  and  Thomas  Donaldsone  of  Kinairdie  new  Comis- 
sioners of  Supply  did  qualifie  themselves  by  sweareing  the  oath  of 
allegeance  and  subscryveing  the  Same  and  assureance,  as  the  samyn  on 
the  act  of  this  book  the  day  of  beares. 

John  Donaldsone,  former  Clerk,  and  Patrick  Leslye,  Sheriff  Clerk, 
elected  joint  Clerks  of  this  Supply  at  a  salary  of  £10  stg.  Nicolas 
Dunbar  appointed  Collector  at  a  salary  of  £30  stg.  The  Post  continued 
at  his  former  salary  of  £5  45.  stg. 

Day  foirsd  the  saids  Comissioners  as  Justices  of  Peace  in  respect  of 
the  great  distance  betwixt  the  head  of  this  shyre  and  this  place,  so  that 
the  heall  Comissioners  cannot  convenientlie  meitt  togidder  at  ilk 
quarterlie  meiteing,  and  that  by  the  former  actes  srvants  are  ordeined 
to  continew  their  srvice  for  ane  heall  yeir,  therefor  ordeines 
the  Clerk  to  give  hereof  nottice  with  the  cess  intimationes  .  . 
.  .  .  .  They  also  discharge  John  Geilles  their  ffiscall  to  doe  any 
furder  executione  agt  the  Comissioners  of  the  Keith  district  for  the 
ffynes  laid  on  them  for  their  absence  from  the  quarterly  meiteinges  till 
farder  order.  PATRICK  OGILVIE,  I.P.C. 

CAPTAIN  JOHN  GRANT  OF  EASTER  ELCHIES. 

Captain  John  Grant  of  Easter  Elchies,1  named  in  the  preceding 
minute,  as  a  matter  of  fact  did  not  subscribe  the  oaths  as  stated.  The 

1  "The  Chiefs  of  Grant,"  Vol.  I.,  pp.  506-7. 


260  RECORDS  OF   THE   COUNTY  OF   BANFF. 

Grants  of  Easter  Elchies  descend  from  James  Grant,  the  Bold,  third 
laird  of  Freuchie  (1528-1553),  and  are  cadets  of  the  Chiefs  of  the 
Grants.  Captain  John  Grant,  born  c.  1659,  succeeded  his  brother 
Patrick  in  the  estate  of  Easter  Elchies,  but  when  is  not  altogether 
certain.  On  5th  September  1688,  he  received  from  Patrick  a  disposition 
of  the  lands  of  Edinville,  part  of  the  Lordship  of  Balvenie,  in  the 
parish  of  Aberlour,  which  was  confirmed  by  charter  from  Alexander 
Duff  of  Bracco  on  3Oth  September  1697.  When  Ludovick,  Chief  of 
the  Grants,  raised  the  Grant  regiment  in  April  1689,  in  the  interests  of 
King  William,  John  Grant,  then  designed  of  Easter  Elchies,  was 
appointed  captain  of  a  company.  Captain  Grant  was  in  command  of 
the  garrison  of  Ballachastell  (Castle  Grant),  and  materially  assisted 
General  Livingstone  in  his  victory  over  the  Jacobites  under  General 
Buchan  at  Cromdale  near  by,  on  ist  May  1690. T  Later  that  year  he 
and  his  company  of  sixtie  sentinels,  tuo  serjants,  three  corporalls  and 
a  drummer  garrisoned  the  house  of  Ballindalloch,  Inveraven.  The 
company,  under  a  lieutenant,  \vas  in  Glasgow  when,  late  in  January 
1691,  it  was  ordered  to  join  the  remaining  companies  of  the  regiment, 
then  in  garrison  at  Inverlochy,  with  the  view  of  the  disbandment  of  the 
whole  regiment  there.2  On  6th  October  1702,  he  appeared  at  the 
election  in  Banff  of  James  Ogilvie  younger  of  Boyne  and  of  Alexander 
Duff  of  Bracco  as  Commissioners  to  Parliament,  and  voted  as  fiar  of 
Edinvillie.  In  the  minute  of  the  election  meeting  he  is  designed  of 
Elchies,  which  is  in  Moray.  At  the  Pasch  head  court  of  1703  his 
name  was  added  to  the  suite  roll  for  Edenvillie,  and  he  continued 
on  the  roll  until  1710.  On  5th  August  1704  he  was  appointed  one  of 
the  Commissioners  of  Supply  of  Banffshire,  and  qualified  at  Banff  on 
i2th  September  following.  In  1711  he  purchased  the  barony  of  Rothes 
from  John,  ninth  Earl  of  Rothes.  He  married  Elizabeth,  daughter  of 
John  Grant,  and  sister  of  John  Roy  Grant,  respectively  Vlth.  and 
Vllth.  lairds  of  Ballindalloch.  He  died  on  4th  March  1715,  and  was 
buried  in  the  kirkyard  of  Elchies,  Knockando.  He  was  succeeded  by 
his  only  son  Patrick,  a  Scots  advocate,  who  sat  on  the  bench  as  Lord 
Elchies. 

BREWING  ENTRIES  AND  RENUNCIATIONS. 

On  5th  December  1704,  the  Commissioners  of  Supply  adjourned 
consideration  of  a  letter  from  James  Steuart  of  Coltness,  Lord 
Advocate,  giving  reasons  why  the  Commissioners'  decision  in  the  case 
of  Helen  Stuart,  Cullen,  in  regard  to  the  brewing  entries  on  ist  August 
should  be  reversed. 

1  "The  Chiefs  of  Grant,"  Vol.   I.,  pp.   318-9;  and  Mackay's  Memoirs,  p.  95. 

2  MS.  Minutes  of  the  1'rivy  Council  of  Scotland,  22nd  January,  1691. 


BALLINDALLOCH'S  ARREARS  OF  CESS.  261 

Banff  i8th  of  Janry  1705  yeires.  In  pns  of  the  Comissioners  of 
Supply  of  the  shyre  of  Banff,  viz.,  My  Lord  Boynd,  Durne  yor, 
Colleynard,  and  Castlefield :  Compeired  William  Gellie  brewer  in 
Alvach,  James  Munro  in  Bachlay  in  Banff  parish,  Andrew  Govans  in 
Craighead,  Andrew  Shie  brewer  in  Cornekairne,  and  gave  in  renuncia°nes 
of  their  breweing  and  tacks  of  excyse  after  the  first  of  March  nixt  to 
come,  and  yrupon  took  instruments  and  protested  to  be  frie  of  breweing 
after  the  sd  tym,  which  the  sds  Comissioners  admitted  and  ordeined 
the  sds  renuncia°nes  to  be  taken  in  and  booked. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
mett  at  Banff  the  thratteinth  day  of  ffebry  Jajvij&  and  fyve 
yeires :  Comissioners  conveined — Birkenboig,  Boynd  younger, 
Carnousie,  Durne  younger,  Meyen,  Skeith,  Kininvie,  Monblerie, 
Castlefield  and  Corskie,  who  by  pluralitie  choised  the  sd  Laird 
of  Boynd  preses. 

The  charge  for  the  county  Post  made  optional  on  heritors. 

BALLINDALLOCH'S  ARREARS  ov  CESS. 

Anent  the  representatione  made  by  the  Collector,  and  als  by  the 
partie  quartering  on  the  Laird  of  Bellindalloches  lands  in  this  shyre 
ffor  bygon  rests,  and  haveing  called  for  ane  letter  from  the  Laird  of 
Grant  younger  to  the  Comissioners  of  Supply  of  this  shyre,  the 
Comissioners  ordein  the  sd  letter  to  be  recorded  verbatim,  and  ordein 
the  partie  to  goe  to  Bellindalloches  lands  and  quarter  thereon  and 
poynd  the  ground  untill  payment  be  made  of  all  rests  of  cess  deficiencie 
and  coast  skeath  and  damnadge,  and  also  ordein  the  Collector  to  doe 
diligence  agt  Grant  and  Bellindalloch  by  a  citatione  befor  the  Thesurie 
upon  the  sd  letter  till  sentence  be  obteined  ...  In  the  meantym 
recomends  to  the  Laird  of  Boynd  to  acquent  Grant  of  this  their 
procedur  .... 

JAMES  OGILVIE. 

ffollowes  the  tenor  of  the  Laird  of  Grantes  letter  verbatim. 

Honored  Gentlemen,  Bellindalloch  May  6th  1704.  I  had  this  day 
of  the  ad  instant,  and  beleive  me  am  extreamlie  concerned  there  should 
be  any  debenter  due  by  Bellindalloches  interest,  and  as  I  promised  to 
Glashach  one  of  your  number  I  shall  send  downe  a  gentleman  to  cleir 


262  RECORDS  OF  THE  COUNTY  OF  BANFF. 

with  the  Collector  at  your  oversight  in  a  ten  dayes  or  a  fourtnight, 
whenever  our  laboureing  is  over,  and  whatever  is  found  due  shall  be 
payed  without  troubleing  of  you  for  a  partie  yit.  I  must  say  a  verie 
small  partie  might  poynd  for  deficiencie  in  any  legall  countrey,«o  that  a 
strong  one  is  not  necessarie,  especiallie  when  Bellindalloch  is  willing  to 
pay.  I  shall  not  feale  in  what  I  promeis  of  sending  and  cleir 
differences  with  the  Collector ;  and  am,  Gentlemen,  your  most  humble 
servant  (sic  subtr)  Allexander  Grantt.  Directed  on  the  back  ffor  the  Hon11 
My  Lord  Boynd  and  the  uther  Comissioners  of  Supply  of  the  shyre  of 
Banff. 

22nd  March  1705.  This  letter  sent  south  by  Castlefield's  order  to 
James  Baird  with  ane  extract  of  the  above  act,  and  the  account  of  cess 
due  by  Bellindalloch,  and  the  Comissioners  decreit  yron  on  the  gth  of 
May  1703  yeirs,  as  also  ane  account  of  subsequent  rests. 

JOHN    ROY   GRANT,   V!!TH   OK   BALLINDALLOCH. 

John  Roy  Grant,  Vllth  of  Ballindalloch,1  was  by  this  time  appar- 
ently in  very  deep  water.  The  last  laird  of  Ballindalloch  of  the  old 
line,  he  descends  from  Patrick  Grant,  who  appears  about  1520  as  a 
prominent  member  of  the  Clan  Grant.  Of  the  same  stock  are  the 
Grants  of  Advie,  Dellay,  Dalvey  later  Dunlugas,  and  Tomnavoulan. 
John  Roy  Grant  was,  according  to  Fraser,  infeft  in  the  lands  of 
Ballindalloch  on  his  father  John  Grant's  resignation  in  1682,  he 
undertaking  to  discharge  all  his  father's  debts.  He  was  retoured  heir 
to  his  uncle,  George  Grant  of  Cardells  or  Kirdels,  in  the  lands  and 
barony  of  Pitcrov,  alias  Cardells,  in  1685.  His  second  brother, 
Alexander,  was  Grant  of  Kirdels,  Sheriff  Clerk  of  Moray,  and  tacksman 
of  the  excise  of  Banffshire.  On  15th  March  1688,  John  Grant  of 
Belndaloch  took  sasine  of  the  Kirktoune  of  Inveravine  and  fishings. 
Inheriting  an  estate  much  encumbered,  John  Roy  was  unable  to 
extricate  it,  and,  like  most  embarrassed  landowners  of  these  revolu- 
tionary times,  he  espoused  the  cause  of  the  "  outs."  At  any  rate,  in 
1689  he  was  early  out  with  Viscount  Dundee  for  King  James.2  He  was 
in  Dundee's  raid  on  Perth  early  in  May  1689,  when  he  annexed  the 
Whig  laird  of  Pollock's  best  bay  horse  as  a  remount !  He  was  present 
at  the  victory  of  Killiecrankie.  John  Grant  of  Ballindalloch  was  one 
of  the  Jacobite  signatories  of  a  letter  from  Birse,  Aberdeenshire,  on 
i7th  August  1689,  in  answer  to  Major  General  Mackay's  invitation  to 
lay  down  arms,  in  which  they  said  "  we  scorn  your  usurper  and  the 

1  "The  Chiefs  of  Grant,"  pp.   320-1  and  520. 
3  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.,  Appendix,  pp.  52-65. 


RENDEZVOUS    UNDER   THE    ACT   OF    SECURITY.  263 

indemnities  of  his  government."  This  was  so  galling  to  the  Orange 
government  that  the  Earl  of  Crafurd,  President  of  the  Council,  on 
26th  September  next  directed  Sir  James  Lesly,  Commandant  at  Inver- 
ness, as  follows : — •"  The  laird  of  Ballindalloch  being  on  of  the  sub- 
scryvers  of  that  rebellious  and  insolent  letter  written  by  the  clanns  to 
Major  Generall  McKay,  and  haveing  slighted  his  acceptance  of  the 
benefitt  of  his  Majesties  gracious  indemnity  within  the  tyme  therein 
prefixt,  cannot  be  allowed  a  protectione  longer  then  you  can  intimat  the 
Councills  pleasure  to  him,  nor  can  he  expect  any  conditiones  but 
rendering  himself  up  to  the  King's  mercie."  '  In  the  winter  of  1689-90, 
in  the  Highlands  of  Banff  and  Aberdeen,  he  drew  the  Jacobites  to  a  head, 
and  appears  as  first  signatory  of  the  Band  of  Association  signed  at 
Tamintoul  on  I5th  January  1690,  by  twenty  leading  Jacobites  of  the 
district,  including  Viscount  Frendraught  and  The  Farquharson,  but 
not  Glenbucket,  as  stated  at  page  88,  who  was  then  only  14  or  15  years 
of  age.  After  the  fight  at  Cromdale  on  ist  May  1690,  his  house  of 
Ballindalloch  was  garrisoned  by  a  company  of  the  Laird  of  Grant's 
Orange  regiment,  under  Captain  John  Grant  of  Easter  Elchies,  his 
brother-in-law.  On  nth  July  1690,  decree  of  forfeiture  \vas  passed 
against  him  and  other  rebels,  but  owing  to  the  general  settlement  of 
1691  it  does  not  seem  to  have  been  enforced.  At  the  Pasch  head  court 
at  Banff  of  that  year  he  appears  in  the  suite  roll  for  Tullochcarron. 
He  was  present  at  the  election  meeting  in  Banff  on  6th  October  1702, 
when  young  Boyne  and  Bracco  were  elected  Commissioners  of  the 
shire.  Meantime  his  estate  was  becoming  more  involved  in  debt,  and 
the  preceding  minute  shows  that  Alexander  Grant  younger  of  Grant 
was  in  possession,  no  doubt  as  principal  creditor.  Colonel  William 
Grant,  a  cadet  of  the  Rothiemurcus  Grants,  who  married  Anne,  sister 
of  Alexander  Grant  of  Grant,  by  arrangement  acquired  the  estate  of 
Ballindalloch  from  John  Roy  and  his  creditors  about  the  year  171 1.2 
John  Roy  Grant  married  c.  1682  Anne  Francisca,  second  daughter  of 
Count  Patrick  Leslie  of  Balquhain.  He  died  before  26th  April  1737. 

The  Commissioners  of  Supply  met  at  Fordyce  on  I4th  April  1705, 
and  ordered  the  Whitsunday  cess  to  be  paid  at  the  same  rate  as  the 
Candlemas  cess.  They  also  directed  the  Collector  to  attend  at  Banff 
twice  weekly  to  collect  the  same. 

SEDERUNT  of  the  Comissioners  of  Supply  of  the  shyre  of  Banff 
mett  at  Banff  the  fyfth  day  of  Junij  Jayvij&  and  fyve  yeires, 
Comissioners  present  —  My  Lord  Boynd,  The  Lairdes  of 

1  MS.   Minutes  of  the  Privy  Council  of  Scotland. 
2  See  pages  132-3. 


264  RECORDS    OF    THE    COUNTY    OF    BANFF. 

Carnousie,  Dunlugas,  Skeith,  Monblerie,  Litlefield,  Durne  yor, 
Colleynard  and  Castlefield,  who  choised  my  Lord  Boynd  preses. 

The  above  Comissioners  with  severall  uther  Gentlemen  and  Heretors 
haveing  mett,  representationes  ware  made  that  most  of  the  parishes  of 
the  shyre  did  attend  the  rendevouse  appointed  the  2gth  of  May  last 
past,  but  that  some  of  the  heretors  ware  unwilling  and  gave  no 
obedience  to  the  act  of  Parliat,  and  yrfor  the  Comissioners,  Heritors 
and  Gentlemen  present  recomend  to  the  shyres  Comissioners  to  the 
Parliament  to  represent  the  samyne  in  the  nixt  sessione  of  Parliat, 
that  the  Parliat  may  do  in  the  sd  matter  as  they  think  fitt 

The  sds  Comissioners  doe  think  fitt  that  a  representatione  be  made 
and  sent  up  to  the  Lords  of  Counsell  and  Sessione  mentioneing  that 
Wm.  Dunbar  of  Durne  second  sone  to  the  Laird  of  Durne  being 
constitute  Magi/ine  Master  to  give  out  forrage  to  the  forces  in  the 
yeires  1689  and  1690,  and  he  haveing  counted  yrfor  with  the  sd  shyre 
and  being  fullie  satisfied,  and  a  considerable  sowme  being  allowed  him 
for  his  gratifica°ne,  by  and  attour  the  ballance  of  his  accounts,  he  hes 
since  that  tym  obteined  rights  from  severall  persones  in  the  shyre,  als 
\veill  from  them  who  never  paid  in  corne  and  straw,  as  from  them  who 
payed,  and  hes  now  intentit  actione  agt  Birkenboig  and  Bracco  who 
did  uplift  some  money  qch  was  payed  in  by  the  publict  to  Collonell 
Erskme  in  the  shyres  account  ffor  the  said  fforrage,  notwithstanding  it 
was  weill  knowen  to  the  sd  Wm.  Dunbar  that  the  sds  Bracco  and 
Birkenboig  had  by  order  of  the  Earle  of  ffindlater,  my  Lord  Boynd 
and  severall  uyr  Comissioners  payed  ane  old  debenter  resting  by  the 
shyre  to  the  publict,  by  reasone  the  then  Collector  his  turneing 
bankrupt,  and  that  a  considerable  partie  was  lyeing  on  the  shyre  for  the 
samyn. 

The  Comissioners  divyde  the  shyre  in  thrie  districtes  Banff,  Cullen 
and  Keith  as  befor.  PATRICK  OGILVIE. 

The  Act  of  Security l  passed  by  the  Scots  Parliament  on  5th  August 
1704,  postponing  the  settling  of  the  succession  to  the  Scots  throne,  and 
excluding  the  successor  to  the  crown  of  England,  was  successfully 
used  as  a  lever  to  force  conditions  of  union  favourable  to  Scotland. 
In  further  security  of  the  objects  of  the  statute,  it  was  enacted  that  the 
whole  Protestant  Heretors  and  all  Burghs  within  the  kingdom  shall 

The  Acts  of  the  Parliaments  of  Scotland,  Vol.  XI.,  p.   137. 


BRACCO'S   AND    BIRKENBOG'S   ACTION    AGAINST   COMMISSIONERS.    265 

forthwith  provide  themselves  with  fire  arms  for  all  the  fencible  men 
who  are  Protestants  within  their  respective  bounds,  and  those  of  the 
bore  proportioned  to  a  bullet  of  fourteen  drop  weight  running,  and  the 
said  Heretors  and  Burghs  are  hereby  impowered  and  ordained  to 
discipline  and  exercise  the  said  fencible  men  once  in  the  moneth  at 
least. 

For  the  Right  Honnorable  the  Earll  of  fnnlater  at  Edb.  thes. 
MY  LORD 

I  am  loth  to  give  your  Lo.  any  trouble,  but  ther  is  som  of  our 
young  Commissioners  who  have  sett  up  to  counteract  what  wes  done 
by  your  Lo.  and  others  som  years  ago  in  relation  to  peying  the  debenter 
that  wes  on  the  shyr,  by  applying  ane  part  of  the  pryc  of  the  corn  and 
straw  for  clearing  of  the  shyr  of  parties.  I  have  sent  your  Lo.  ane 
extract  of  on  of  thos  acts  that  you  may  sie  who  ar  concerned  to  defend 
that  action.  I  hop  your  Lo.  sine  you  ar  on  the  pleas,  will  be  at  som 
paiens  in  the  defens  of  that  action,  which  will  frie  your  Lo.  and  others 
from  further  trouble.  I  beg  pardon  for  this  trouble  and  am, 

My  Lord, 

Your  most  humble  servant, 
Boyn  Feb.  12. 1705.  PATRICK  OGILVIE. 

The  Commissioners  met  at  Banff  on  5th  October  1705,  and  imposed 
the  cess.  They  chose  Castlefield  Collector  at  a  yearly  salary  of  500 
merks,  and  Patrick  Leslie,  Sheriff  Clerk,  Clerk,  at  a  yearly  salary  of 
200  merks.  Dr.  Steinson  was  continued  Post  from  Banff  to  Aberdeen 
at  a  weekly  salary  of  two  shillings  stg.,  to  be  paid  by  all  subscribers  to 
his  salary  and  others  who  will  willingly  pay  the  same. 

By  the  Act  of  Supply1  of  this  year,  eight  months'  cess  was  voted 
out  of  the  land  rent ;  and  the  Lord  Banff  and  John  Mark,  Provost  of 
Banff,  were  added  to  the  list  of  Commissioners. 

SEDERUNT  of  the  Commissioners  of  Supply  of  Banffshire  holden 
att  ffordyce  the  eight  day  of  January  Jayvij&  and  six  years. 
Commis™  pnt — My  Lord  Boynd,  Collynewart,  Castlefield,  who 
choised  my  Lord  Boynd  preces. 

There  being  intimationes  and  letters  sent  to  aquant  the  severall 
Commiss1"5  of  the  shire  to  meett  this  day  and  place  to  regulat  the 

'The  Acts  of  the  Parliaments  of  Scotland,  Vol.  XI.,  p.  319. 
I  2 


266 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Candlemas  cess  and  to  consert  some  matters  of  importance  concerning 
the  shire,  and  none  having  come  except  those  above  named,  the  Com- 
missioners pnt  considering  that  yr  is  presentlie  ane  actione  depending 
before  the  Lords  of  Sessione  agt  the  Comissioners  of  this  shire  at  the 
instance  of  Bracco  and  Birkenbog  and  Wm.  Dunbar  second  sone  of  the 
Laird  of  Durne,  and  the  sd  actione  being  given  out  to  advocats  for  the 
Commissrs  to  sie  and  ansyr,  it  will  be  necessary  to  lay  on  the  expenses 
for  defending  the  samen  upon  the  shire  :  Therefore  the  sds  Commissrs 
pnt  doe  allow  and  ordaine  eighteen  pennies  upon  each  hundred  pounds 
of  valued  rent  of  the  sd  shire  to  be  collected  at  Candlemas  nixt,  and 
the  like  sume  at  Lambas  nixt,  making  with  the  three  pounds  two 
shillings  six  pennies  formerlie  stented  three  pounds  four  shillings  Scots 
mony  termly  for  the  sds  two  termes,  by  and  attouer  Dr.  Steinsons 
sallarie  which  they  continue  as  before ;  which  eighteen  pennies  termly 
for  the  sds  two  termes  the  sds  Commiss1"5  doe  ordaine  to  be  applyed  for 
the  defence  of  the  forsd  actione,  and  ordaines  intima°nes  to  be  issued 
out  for  the  cess  as  now  stented,  with  this  declaratione  that  the  cess  be 
payed  in  to  the  Collector  within  fourteen  dayes  after  the  terme  of  pay1, 
otherwayes  to  be  lyable  yrafter  for  deficiencie,  as  the  Commissioners  at 
a  more  full  meetting  shall  appoynt,  in  respect  that  the  Collector  hes 
advanced  his  owne  mony  to  frie  the  shire  of  pairties,  notwithstanding 
yr  be  serall  deficiencies  in  the  shire,  and  my  Lord  Boynd  as  preces  hes 
subt  this  sederunt  for  and  in  name  of  the  meetting. 

PATRICK  OGILVIE. 

RF.NUNCIATIONS  OF  BREWING  ETC.  OF  EXCISABLE  LIQUORS. 
Day  forsd  Allexr  ffbrsyth  in  Collynewart  gave  in  a  renuncia°ne  of  his 
brewing  or  wearing  of  ale  bear  aquavitie  and   all   excyseable   liquors 
after  the  first  of    March    nixt,  which  renuncia°ne  the  sds   Commissrs 
admitted. 

COMMISSIONERS  OF  EXCISE. 

As  this  is  the  last  reference  to  excise  procedure  before  the  union  of 
the  Parliaments,  the  following  minute  of  the  Privy  Council  of  4th 
February  1690,  though  somewhat  out  of  time  and  place,  shows  that  the 
Commissioners  of  Supply  soon  swallowed  up  the  duties  of  the  Com- 
missioners of  Excise  appointed  under  the  statute  of  1661 : — 

The  Lords  of  his  Majesties  Privy  Councill  considering  the  fourteinth 
act  first  Sess:  first  Par:  K:  Cha:  2d.,  the  estates  of  parl :  have  in 


COMMISSIONERS    OF    SUPPLY   AND   EXCISE,    1690.  267 

persuance  of  their  former  act  of  the  date  the  day  of 

jmvjc  sixtie  on  years  nominated  and  appoynted  Comrs.  of  Excyse 
within  the  severall  shyres  of  this  kingdome  to  the  effect  therin 
mentioned,  and  have  given  power  to  the  Lords  of  his  Majesties  Privy 
Councill  to  nominate  and  appoynt  Comrs  of  Excyse  in  the  respective 
shyres  and  burghes  upon  the  death  or  inability  of  any  of  the  Comrs 
therin  named,  and  ther  being  severall  importunat  exigencies  in  the 
government  and  for  his  Majesties  service,  which  necessarly  requyre  the 
makeing  up  of  the  number  of  the  saids  Comrs,  and  suplying  the  places 
of  such  of  them  as  are  deceased  or  inabilitate  to  discharge  that  dutie, 
to  the  effect  the  saids  Comrs  may  meett  and  sitt  for  dispatching  and 
expedding  such  of  his  Majesties  service  and  commands  as  does  belong 
or  may  be  direct  to  them.  Therfore  the  saids  Lords  be  vertue  of  the 
power  and  warrand  granted  to  them  be  the  forsaid  act  of  Parliament  for 
supplying  the  vice  and  roume  of  the  number  of  persones  therin 

named,  who  are  now  deceased,  have  nominated  appoynted  and  ordained, 
and  be  thir  presents  nominates  appoynts  and  ordaines  such  of  the 
Cofnrs  of  Assessment  and  Suplie  of  the  shyre  of  Banff,  who  were 
present  at  a  meetting  of  the  saids  CoiTirs  and  swear  and  signed  the 
oath  of  alledgance  to  their  Majesties  at  Banff  the  twentie  fourth  of 
September  jmvjc  eightie  nyne  years,  to  be  Comrs  of  Excyse  within 
the  said  shyre  of  Banff  to  the  effect  mentioned  in  the  said  act  of  parl : 
in  vice  and  place  of  the  Comrs  of  Excyse  now  deceased.  And  the 
saids  Lords  of  Privy  Councill  doe  appoynt  the  major  part  of  these 
mentioned  in  the  act  of  parliament,  who  are  yett  alyve,  and  of  these 
who  are  heirby  commissionat  and  appoynted  to  supply  the  vice  and 
place  of  those  deceased,  who  shall  meett  and  conveen  the  first  or 
subsequent  dyets  upon  the  account  of  furnishing  provisiones  and  other 
necessaries  to  the  garisones  to  be  a  quorum,  with  power  to  them  to  give 
the  necessary  ordors  for  furnishing  provisiones  and  magizones  to  their 
Majesties  forces  and  to  do  all  other  things  in  that  shyre  that  may 
contribute  for  makeing  the  same  effectuall,  and  discharges  all  others  to 
midle  therin ;  and  they  heirby  appoynt  the  saids  Comrs  to  send  up  a 
list  of  what  more  persones  will  be  necessary  to  be  joyned  with  them  in 
that  Commissione  for  dischargeing  the  said  trust,  with  the  report  of 
their  takeing  the  oath  of  alledgance  the  twentie  fourth  of  September 
jmvjc  an(j  eightie  nyne,  to  the  Clarke  of  Councill,  with  the  oath  of 


268  RECORDS  OF  THE  COUNTY  OF  BANFF. 

alledgance  of  such  of  the  Coiiirs  of  Excyse,  who  ware  nominat  by  act 
of  parliament  jmvjc  and  sixtie  on,  upon  their  meetting,  provyding  the 
samen  be  done  bewixt  and  the  fyfteinth  day  of  March,  and  report  to  the 
Clark  of  Councill  in  maner  forsaid. 

SEDERUNT  of  the  Commissrs  of  Supply  of  Banffshire  holden  att 
Banff  the  last  day  of  Jary  Jayvij&  and  six  years,  Commissrs 
pnt  —  My  Lord  Boynd,  The  Laird  of  Boynd,  Denlugas, 
Collyneward. 

The  Commissrs  pnt  choised  my  Lord  Boynd  preces.  The  sd  day  in 
obedience  to  former  acts  compeared  John  Donaldsone  late  Clerk  to  the 
Commissrs  of  Supply  of  the  sd  shire  and  gave  up  to  Patrick  Leslie  now 
yr  Clerk  the  former  sederunts  of  the  sds  Commissrs,  beginning  the  tenth 
of  November  Jayvij&  and  ninety  six  years  and  ending  the  fifth  of  June 
last  bypast,  consisting  of  ffourty  seven  leaves  whereof  one  blank,  with 
the  priii"  valua°ne  rolls  of  the  sd  shire ;  and  for  any  other  papers 
relating  to  the  Commissrs  affairs  he  promises  to  deliver  up  the  same  to 
the  said  Patrick  Leslie  by  inventar  and  on  his  recept,  qfiever  he  calls 
for  the  same. 

The  Commissrs  pnt  orders  yr  Clerk  to  extract  ane  sederunt  at 
Cullen  the  thirteenth  day  of  June  Jayvij&  and  nynty  nyneyeares,  and  to 
send  the  same  to  my  Lord  Boynd,  that  his  Lop.  may  transmitt  it  to  my 
Lord  ffindlattcr  to  instruct  who  were  Commissrs  yn  pnt  that  gave 
warrand  to  Bracco  and  Birkenbog  to  pay  the  yn  debentur  out  of  the 
mony  in  yr  hands  anent  the  corne  and  straw  of  this  shire. 

The  Commiss1"5  orders  the  Clerk  to  regrat  his  factory  from  Castle- 
rield  for  collecting  the  supply  of  the  shire. 

The  Commissrs  pnt  recommends  to  Kinninvie  and  Collynewart  to 
peruse  the  Collectors  list  of  deficiencie,  and  to  stent  what  deficiencie 
they  shall  find  due  upon  the  deficients,  and  that  qn  called  by  the 
Collector ;  and  recomends  parllie  that  the  pairtie  be  sent  to  Ballin- 
dalloch  to  quarter  on  these  lands,  and  to  lye  yr  till  all  yr  former  cess 
and  deficiencies  be  payed.  And  the  preces  hes  subt  this  sederunt  for  and 
in  name  of  the  meeting. 

PATRICK  OGILVIE. 


THE   PRINCIPAL   VALUATION    ROLLS   OF   THE   SHIRE,    1690.         269 

It  is  more  than  probable  that  a  Valuation  Roll  of  the  County  was 
made  up  immediately  after  1667.  That  roll,  however,  is  not  extant. 
It  was  only  the  other  day  that  any  trace  of  the  rolls  referred  to  in  the 
preceding  minute  was  obtained.  The  minutes  of  the  Commissioners 
of  Supply  of  May  1753,  containing  the  following  entry,  gave  the  clue : 
"  The  Commissioners  having  inspected  the  principal  valuation  book  of 
the  shire,  they  find  it  necessary  to  record  the  same  for  preservation, 
and  appoint  the  Collector,  if  he  goes  to  Edinbr.  this  summer,  to  carry 
it  with  him  to  be  recorded  in  the  Books  of  Councell  and  Session."  In 
1755  the  sum  of  Js.  lod.  was  paid  by  the  Commissioners  of  Supply 
"  for  registrating  the  Valuation  Book  of  the  Shire  in  the  Books  of 
Session."  An  extract  was  accordingly  ordered,  and  the  County  Valua- 
tion roll  as  made  up  in  1690  was  given  out.  The  original  had  been 
returned  to  the  County  authorities  after  registration,  but  has  for  many 
years  been  missing. 

The  supply  act  of  7th  June  1690  impowered  the  Commissioners  in 
the  respective  shyres  upon  complaints  made  to  them  of  any  inequalitie 
in  the  present  valuationes,  either  betwixt  one  parish  and  another  within 
the  same  shyre,  or  particular  heretors  lands  within  one  and  the  same 
parish  and  shyre,  to  rectifie  the  same  where  they  finde  them  unequall, 
and  for  that  effect  to  take  tryall  of  these  Valuations  in  the  way  and 
manner  prescryved  by  the  act  of  the  Conventione  of  Estates  in  the 
year  Imvjc  sixtie  seven  .  .  .  providing  always  the  quotas  of  the 
respective  shyres  be  continued  and  remaine  without  any  alteratione, 
and  that  this  supply  shall  be  payed  ...  by  the  remanent  shyres 
[except  Berwick]  according  to  their  present  valuations,  ay  and  \\hill 
the  saids  new  valuations  shall  be  closed  and  determined,  and  that  the 
rectifications  of  the  severall  valuations  shall  only  take  effect  for 
subsequent  terrnes  after  adjusting  thereof,  excepting  the  shyre  of 
Argyle,  provydeing  likewayes  that,  when  the  rectifyeing  of  any  of  the 
present  valuations  shall  be  considered  and  determined,  there  be  at  least 
present  a  third  part  of  those  who  accept  of  the  trust  of  the  Commis- 
sioners in  the  respective  shyres. 

In  consequence  of  this  Act,  the  following  Valuation  Roll  of  Banff- 
shire,  with  a  few  obvious  clerical  errors  made  by  the  copyist  corrected, 
was  made  up  by  the  Commissioners  of  Supply  of  Banffshire. 

At  Edinburgh  the  Third  day  of  July  One  thousand  seven  hundred 
and  fifty  four  years  :  In  presence  of  the  Lords  of  Council  and 
Session,  Compeared  David  Grame  Esq.  Advocate  as  Procurator 
for  Alexr  Innes  Collector  of  the  Land  Tax  of  the  Shyre  of 


270  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Banff,  Ingiver  of  the  Valuation  Rolls  underwritten,  desiring 
that  the  same  might  be  registered  in  their  Lordships'  Books  as 
a  Probative  Writ  conform  to  Act  of  Parliament  anent  the 
registration  of  Probative  Writs,  which  desire  the  said  Lords 
found  reasonable  and  ordained  the  same  to  be  done  accordingly 
whereof  the  tenor  follows  viz:  — 

The  Valuation  Rolls  of  the  Sherriffdom  of  Banffe  as  they  have  been 
valued  and  certified  by  the  Commrs  appointed  be  the  act  of  Parliat  at 
Edgr  the  seaventh  of  June  Imvy&  and  ninty  years. 

Raffen  Parish.  £    s.    D. 

Cranoch  James  Cock  ffortie  pounds     -  40     o     o 

E.  Boggs  John  Stewart  Twenty  six  pounds  26     o     o 

Golochie  Miln  John  Mawet  thirtie  libs  30     o     o 

Laird  of  Ranis  twelve  hundreth  libs  -  1200     o     o 

Cairnfield  Robert  Gordon  one  hundreth  and  fifty  pounds  150  o  0 
Clastirum  Pat.  Gordon  Sixty  pounds  -  60  o  o 

Orran  William   Paterson  twenty  six  libs      -  26     o     o 

Leitchestoun  Pat.  Gordon  One  hundreth  and  twenty  libs  120  o  o 
Nether  Buckie  John  Gordon  one  hundreth  and  twenty  libs  120  o  c 
Tanachie  Pat.  Stewart  one  hundreth  libs  -  100  o  o 

Golochie  John  Gordoun  ffourtie  libs    -  40     o     o 

Cowfurach  James  Gordon  one  hundreth  and  fifty  libs  150     o     o 

Leterfurie  John  Gordon  One  hundreth  pounds  -  100     o     o 

Arradoull  Alexr.  Gordon  One  hundreth  libs  100     o     o 

Oxhill  John  Stewart  eighty  libs  -  80     o     o 

Upper  Buckie  John  Gordon  nyne  hundreth  libs  900     o     o 

ffarskan  Wm.  Gordon  three  hundreth  libs  -  300     o     o 

Muldavit  John  Hay  Three  hundreth  libs    -  300     o     o 

ffindochtie  Wm.  Ord  Two  hundreth  and  thirty  libs    -  230     o     o 

Curidoun  John  ross  Eighty  libs  80     o     o 

Duke  Gordon  one  thousand  eight  hundreth  libs  1800     o     o 

Thorni'oank  John  Gordon  Sevinty  lib  70     o     o 

Earl  of  Findlater  Three  hundreth  thirty  eight  pds      -  338     o     o 

Birkinbush  James  Gordon  Twenty  libs        -  20     o     o 

Bogs  Alex1".  Reid  ffifteen  libs       -  15     o     o 


Summa  of  this  parish  is  -      £6395 


VALUATION    ROLL    OF    BANFFSHIRE,    1690.  271 

Bailie  Parish.  £  s.    D. 

Achinhalrick  Duke  Gordon  fourtie  libs  40  o     o 

Nether  Achinreth  James  Anderson  One  hundreth  pds  100  o     o 

Miln  of  tynet  James  Anderson  Twenty  lib  20  o     o 

Duke  of  Gordon  Two  thousand  seven  hundreth  lib   -  2700  o     o 


£2860     o     o 


Deskfoord  Parish.  £  s.  n. 

Sir  James  Ogilvie  fourteen  hundreth  libs    -  1400  o  o 

Skeith  George  Abercrombie  one  hund  and  eighty  libs  180  o  o 

Sua  of  this  parish  is   -  £15^°  °  ° 

Rothemay  Parish.  £  s.  D. 

Turtrie  Arthur  Forbes  ffive  hundreth  and  fifty  libs  550  o  o 

Mayen  his  whole  Interest  pr  Seven  hundreth  libs  700  o  o 

Reidhill  Alexr  Smart  ffourtie  libs  40  o  o 

John  ffordyce  on  hundreth  libs  100  o  o 

George  ruddoch  ffifty  libs  50  o  o 

John  Elies  ffifty  libs  50  o  o 

James  ffordyce  ffifty  Ib  50  o  o 

John  Gordon  eighty  lib  -  80  o  o 

Walkmiln  Claymyre  and  E.  Rothemay   John    Gordon 

fifteen  hundreth  and  fiftie  lib      -  1550  o  o 


Sum  of  this  parish  is                    -  ^3I?o  o  o 

Aberchirder  Parish.  £  s.  D. 

Knockorth  John  Innes  three  hundreth  libs  300  o  o 

Achenderen  Alexr.  Wilson  Three  hundreth  libs  -  300  o  o 

Alexr.  Innes  four  hundreth  libs  400  o  o 

Ardmelly  James  Gordon  one  hundreth  and  sixty  libs  160  o  o 

Alexr.  Gordon  ffive  hundreth  and  fifty  nine  lib.  559  o  o 

Zachrie  Mr.  James  Gordon's  aires  four  hundreth  libs-  400  o  o 

Kinardy  David  Gregory  one  thousand  and  thirty  three  libs  1033  o  o 

Cromby  Mr.  George  Meldrum  Six  hundreth  and  ten  lib  610  o  o 


272  RECORDS    OF   THE    COUNTY   OF    BANFF. 

Corskie  John  Abernethie  one  hundreth  and  thirty  three 

lib  6/8"  £133  6  8 

Cluny  Robert  Sanders  one  hundreth  and  twenty  libs  120  o  o 
Torstoun    Alexander    Abercrombie   One    hundred   and 

thirty  three  lib  six  shilling  eight  pennies    -  133  6  8 

Tilidoun  John  Abernethie  Sixty  six  pounds  66  o  o 

Tanoch  Sir  George  Gordon  one  hundreth  and  thirty  lib  130  o  o 

Shanck  and  Barie  James  Abernethie  one  hundreth  libs  100  o  o 

Torex  L.  of  Park  fiftie  lib  -  50  o  o 

L.  Oliphant  four  hundreth  lib  -  400  o  o 


Summa  of  this  parish  is     -         -      £4894  13     4 

Ordiu'hill  Sir  John  Gordon  of  Park  One  thousand  and 

seven  hundreth  libs  1700     o     o 


Bqyndie  Parish.  £  s.  D. 

Paddockburn  one  hund  and  fifty  libs  150  o  o 

bankhead 

L.  Boyne  for  himself  and                      Two  thousd  one 

hund  and  eighty  libs  -  2180  o  o 

Rhaties  L.  Boyne  four  hundreth  libs  -  400  o  o 

Blairmad  Two  hundreth  libs  200  o  o 

Baldavie  James  Ogilvie  one  hundreth  and  fifty  libs    -  150  o  o 

William                      succrs  fourty  lib  40  o  o 

Kirktoun  L.  Boyne  One  hundreth  lib.  100  o  o 


Sum  of  this  parsh  is  3220     o     o 

Inverkithny  Parish.  £    s.    D. 

Drachly  milne  One  hundred  thirty  three  pds  six  shilling 

eight  pennies  133     6     8 

Kirktoun  David  Cruickshank  four  hundreth  libs  400     o     o 

and  balnoon 

Ardfour  L.  Oliphant  three  hundreth  and  fifty  pounds  350     o     o 

Dowager  of  ffrendraucht  Two  hundreth  sixty  six  pound 

thirteen  shillings  four  pennies     -  266  13     4 

Achingoull    Geo.    Crichton    one    hundreth    fifty    three 

pounds  6/8d  -  153     6     8 


VALUATION  ROLL  OF  BANFFSHIRE,  1690. 

Dounies  one  hundreth  and  thirty  three  pounds 
Achinhamper  Two  hundreth  and  sixty  six  pounds 
Haddomiln  Geo.  Sinclair  One  hundreth  libs 
Upertulos  Alexr  Leslie  Sixty  six  lib    - 
Tullos  Johnston  of    Craig  three  hundreth  and  thirty 
pounds 

Summa  of  this  parish  is 


Botrifine  Parish. 

The  ffewers  for  feudutys  one  hundreth  and  fifty  lib  - 
Drumuir  for  his  whole  Lands  Six  hundreth  libs 
Balihack  Alexr.  Duff  Two  hundreth  libs 
Westertoun  James  Anderson  one  thousd  libs 
Towiebogg  Adam  Innes  three  hundreth  pounds  - 
Badinfinch  Walter  Innes  Seventy  pounds  - 

Summa 


273 


Boharme  Parish. 
Botabridge  and 

brigtoun  Laird  of  Grant  One  hundreth  pounds 
Miln  of  Papin  Walter  Grant  ffifty  libs 
Ekenway  one  hundreth  thirty  libs  - 

Arntilly  Walter  Grant  Eighty  libs 
Easter  Galdwell  Grant  one  hundreth  sixty  libs 

Achlunkart  for  all  his  Lands  there   one  thousand  libs 
Newtoun  Mr.  Thomas  Law  three  hundreth  and  fiftv  libs 
Achmades  Laird  of  Grant  two  hundreth  Ibs 
Knocken  Paul  Mcpherson  One  hundreth  libs 

Summa  of  this  parish  is 

Gemrie  Parish. 

Lichtnet  James  Innes  three  hundreth  libs 
Achorsk  James  B  seaventy  libs  - 

K  2 


£I33 

0 

o 

mds      -           266 

0 

0 

100 

o 

0 

66 

o 

o 

i   thirty 

330 

o 

0 

-         -      £2198 

6 

8 

£ 

s. 

D. 

ty  lib  -           150 

o 

0 

bs                     600 

o 

o 

200 

o 

o 

IOOO 

0 

0 

s-                     300 

o 

0 

70 

o 

0 

2320 

o 

o 

£ 

s. 

D. 

5                               100 

o 

o 

5° 

o 

o 

130 

o 

o 

80 

o 

o 

cty  libs             160 

0 

o 

ind  libs         1000 

0 

0 

fifty  libs          350 

o 

o 

200 

o 

o 

IOO 

0 

0 

-       £2170 

0 

0 

£ 

s. 

D. 

300 

o 

0 

70 

o 

0 

274  RECORDS    OF   THE    COUNTY    OF    BANFF. 

Whythill  John  Urquhart  one  hund  thirty  three  pounds 

six  shill.  eight  pennies  £J33  6  8 

Pitgar  Sir  James  Baird  one  hund  and  eighty  lib  180  o  o 
Troup  and  Minenie  Alex1".  Garden  one  thousand  six 

hundreth  and  twenty  lib  -  1600  o  o 

Northfield  Geo.  Keith  Two  hundred  sixty  six  lib  -  266  o  o 

Tarlair  Mr.  Thos.  Gardin  one  hundreth  and  twenty  libs  120  o  o 

Marget  baird  now  Geo.  Leslie  thretty  libs  30  o  o 

Qualen  Ladytowie  Eight  hundreth  libs  -  800  o  o 

Melrose  John  Ramsay  four  hundreth  and  ten  libs  410  o  o 

Silverford  John  Keirie  fourty  libs  40  o  o 

Doune  George  Leslie  five  hundreth  libs  500  o  o 

Munbleton  Walter  Graham  Six  hundreth  twenty  libs  620  o  o 
Earl  of  Buchan  now  John  Keirie  one  hundreth  and 

fifty  lib  150  O  o 
Rob'.  Straton  now  John  Keirie  one  hundreth  and 

thirty  lib  130  o  o 
James  ffarquhar  now  John  Keirie  one  hundreth  and 

twenty  lib    -  120  o  o 

Summa  of  this  parish  is      -         -  £5489  6  8 


Landward  of  Banffe.  £  s.  D. 

Lord    Banff    and    his    \vodsetters    one    thousand  one 

hundreth  libs  uoo  o  o 

E  of  ffindlater  his  interest  ffive  hundreth  thirty  three  libs           533  o  o 

Reids  Tack  Lord  boyn  ffifty  libs  050  o  o 

Miln  of  Boyndy  Lord  Boyne  Thirty  libs    -  30  o  o 

Earl  of  Airly  and  wodsetters  Six  hundreth  libs  -  600  o  o 


Summa  of  this  parish  is     -         -      £2313 


Keith  Parish.  £  s.  D. 

Kempcarne  John  Ogilvie  ffive  hundreth  and  fifty  libs           550  o  o 

Pitlurg                 Gordon  five  hundreth  libs  -  500  o  o 

Edentor  Alexr.  Gordon  One  hundreth  libs  -  -         -           100  o  o 


VALUATION  ROLL  OF  BANFFSHIRE,  1690.  275 

Kinminity  Sutherland  Eight  hund  lib  -  £800  o  o 

Tarmor  Sutherland  one  hund  lib  -  -  100  o  o 

Alexr.  Bayly  eighty  libs  -  80  o  o 

Ardneidly  Laird  of  Grant  Two  hundreth  and  fifty  lib  250  o  o 
Cursartly  Couperhill  and  Miln1,  Aradoull  for  all  his 

Lands  there  ffive  hund  pounds  -  500  o  o 

Coldhom  One  hundreth  libs  100  o  o 

Nether  Achanasie  Alexr  phin  Two  hundreth  libs  200  o  o 
Glengarok  and  new  ,  Gordon  four  hundreth 

and  fifty  libs  450  o  o 

Ailhoustcroft  Henry  Palmer  ten  libs  -  10  o  o 

Milntoun  Lo/  Oliphant  One  hundreth  and  fifty  lib  150  o  o 

Craigduff  Lo/  Oliphant  fourty  lib  40  o  o 

Birkenburne  Alex1".  Gordon  eighty  lib-  80  o  o 

Achynanie  David  Gordon  four  hundreth  libs  400  o  o 

Little  Cantly  eighty  libs  80  o  o 

Achyndachie  John  Gordon  Six  hundreth  libs  600  o  o 

Lethen  for  few  Dutys  One  hundreth  libs  -  100  o  o 

Bishop  of  Moray  for  few  Dutys  fifty  lib  50  o  o 

Summa  of  this  parish  is               -  £5140  o  o 


Forglan  Parish.  £  s.  D. 

fforglan  Lord  Banff  five  hund  pounds  500  o  o 

Todlaw                 Mercer  One  hundreth  and  fifty  libs  -           150  o  o 

Scotstoun  and  Brodmyre  Mr.  Andr  Hay  sixty  lib  60  o  o 

Old  toun  of  Carnousie  George  Cow  fifty  libs  50  o  o 

Cranabogg  Sir  George  Gordon  Sixty  libs    •  60  o  o 

Carnousie  Sir  Geo.  Gordon  Two  hundreth  and  fifty  libs           250  o  o 

Bogtoun  Sir  Geo.  Gordon  one  hund  libs    -  100  o  o 

John  Brockie  fifty  libs  -  50  o  o 

Rob'.  Webster  fifty  libs  50  o  o 

John  Stevenson  One  hundreth  libs  100  o  o 

Miln  of  Burnend  ffifty  libs    -  50  o  o 

Sum  of  this  parish  is 


276  RECORDS  OF   THE   COUNTY   OF   BANFF1. 

Fordyce  Parish.  £  s.  D. 

Muiraick  Geo.  Gordon  one  hundreth  and  thirty  libs  -  130  o  o 

Halyards  Patk.  Ogilvy  one  hundreth  and  fifty  libs      -  150  o  o 

Brekinhills  Alexr.  Abercromby  Two  hund  and  fifty  libs  250  o  o 
Birkenbog  Sir  James  Abercrombie  one  thousand  three 

hund  lib  1300  o  o 

Cowhyth  Lo/  Boyne  one  hund  and  fifty  lib        -  150  o  o 

Glashauchs  Alexr.  Morison  Six  hundreth  sixty  six  pds  666  o  o 

Bogmuchclls  Earl  of  Airly  five  hundreth  libs      -  500  o  o 

Earl  of  ffindlater  five  thousand  lib      -  5000  o  o 

Alexr.  Adam  Twenty  four  lib  -  24  o  o 

James  Ogilvy  fourty  lib  -  40  o  o 

John  Strachan  Ten  lib    -  10  o  o 

James  Phin  Twenty  lib  -  20  o  o 

Jenat  Adam  twelve  lib  12  o  o 

Gco.  Strachan  ten  lib  10  o  o 

Robert  Anderson  twelve  lib     -         -         -         -  12  o  o 


Sum  of  this  parish  is  -      £8274 


Alvach  Parish.  £  s.  D. 

Stonielay  Robert  Sanders  One  hundreth  libs  -  100  o  o 
Auchinbady  Walk  Miln  and  Pathhead,  George  Mortimer 

Three  hundreth  and  fifty  libs  350  o  o 

Bythstoun  Cuming  Twenty  libs  -  20  o  o 

Alvach  Earl  of  Airly  Two  hundreth  and  fifty  lib  250  o  o 

Lord  Banffe  Six  hundreth  lib  -  600  o  o 
Inveruchnie  and  Funkieston  Peter  Russell  three  hund 

one  lib  six  sh.  eight  pennies  -  301  6  8 
Dunlugus  Robert  Grant  ffive  hundreth  sixty  six  pounds 

13s.  4d.  566  13  4 

Outlaw  Walter  Stewart  three  hundreth  and  fifty  lib  350  o  o 

Muirihill  Lord  Banff  three  hundreth  libs,  400  Lord  [?]  300  o  o 
Earl  of  Buchan  now  John  Keirie  Two  hundreth  sixty 

six  lib  i3/4d  266  13  4 

Montblairie  Mr.  Andrew  Hay  Two  hundreth  lib  200  o  o 


Summa  of  this  parish  is     -         -      £3304  13     4 


VALUATION  ROLL  OF  BANFFSHIRE,  1690.  277 

Straloch                 Gordon  Eight  hundreth  libs      -  £800     o     o 

S'.   ffergus    and    Fetterangus    Earl   of    Marishall    four 

thousand  libs       -  4000     o     o 

Barony  of  Gairtly  L.  Dowager  of  Huntly  -  1050     o     o 


Mortlich  Parish.  £  s.  D. 

Coronasie   and    ffew   Dutys    Duke  Gordon  Two  hund 

and  thirty  three  libs  -  233  o  o 

Parkmor  Geo.  Leslie  Two  hundreth  libs  200  o  o 

Lesmurdy  Alexr.  Stewart  Two  hundred  eighty  three  libs  283  o  o 

Sockach  Alexr.  Stewart  ffifty  libs  50  o  o 

Balchirie  John  Gordon  One  hundreth  libs-  100  o  o 

Edenglasie  Sir  Geo.  Gordon  ffive  hundreth  lib  -  500  o  o 

Kininvie  John  Lesly  three  hundreth  libs  300  o  o 

Lecathie  Captain  Gordon  Two  hundreth  and  twenty  lib  220  o  o 

Baldornie  John  Gordon  Two  hundreth  lib  200  o  o 
Achinhandoch  Sir  Geo.  Gordon  One  hundreth  and 

fifty  lib  150  o  o 

Parkbogg  John  Leslie  One  hundreth  and  twenty  lib  -  120  o  o 

Bohrome  Alexr.  Leslie  Ninety  libs  go  o  o 

Tullich  Mr.  John  Leslie  one  hundreth  and  fifty  libs  -  150  o  o 
Bishop  of  Aberdeen  for  his  few  Dutys  in  this  and 

fordyce  parish  one  hundreth  and  sixty  libs  160  o  o 
Duke  Gordon  for  his  own  and  his  mother's  Liferent 

Lands  thirteen  hund  libs  1300  o  o 
Bracko  Alexr.  Duff  for  his  own  and  his  father's  Lands 

nine  hund  libs  -  900  o  o 
Keithmor  for  his  wodset  Lands  in  Auchindoun  one 

hund  libs  -  roo  o  o 

Lochend  James  Anderson  Twenty  lib  20  o  o 

Sum  of  this  parish  is  £5076  o  o 


278         RECORDS  OF  THE  COUNTY  OF  BANFF. 

Kirkmichaell  Parish. 

Braes  John  Grant  Two  hundreth  libs  £2O°  °  ° 

Keppoch                 two  hund  sixty  six  libs  i3/4d  -  266  13  4 

Dell                 ffourty  two  libs  42  o  o 

Duke  Gordon  for  few  Dutys  Eighty  three  lib  6/8d  83  6  8 
Delnabo  John   Grant   two  hund  and  thirty   three   lib 

6  sh.  8d  233  6  8 
Easter    Cambdcll   James    Gordon    one    hilndreth   and 

twenty  libs  -  120  o  o 

Achriachan  &  Wester  Cambdell  Farquharson  Three 

hundreth  and  fifty  lib  350  o  o 

Carron  Grant  five  hundreth  thirty  three  lib  six 

shilling  eight  pennies  -  533  6  8 

Inverurie  and  Inverchobit  Two  hundreth  and  fifty  libs  250  o  o 

Ruvon  Duke  Gordon  Eighty  libs  80  o  o 

Sum  of  this  parish  is  2158  13     4 


Inverawin  Parish.  £  s.  D. 

Tornnovillan  John  Grant  One  hundreth  and  twenty  libs  120  o  o 

Badievochell                 Eighty  libs  -  80  o  o 

Navie  and  Tombea                 four  hundreth  and  fifty  libs  450  o  o 
Achorachan  and  Easter  Blairfindy  three  hundreth  and 

eighty  lib  380  o  o 

Tombreakachie                 one  hundreth  and  thirty  lib    -  130  o  o 

Deskie                 Gordon  one  hundreth  and  eighty  lib  -  180  o  o 

Drumin                  Stewart  one  hundreth  libs  100  o  o 

Delnabo  Robert  Grant  one  hundreth  and  fifty  lib      -  150  o  o 
Minimor  Letach  and  over  dounen  Two  hundreth  and 

fifty  lib  250  o  o 

Blairfindy  William  Grant  eighty  libs  -  80  o  o 
Wester 

Culphoich  John  Grant  One  hundreth  libs  -  100  o  o 
Kilmachly   John    Stewart   three  hundreth  thirty  three 

libs  6/8d  333  6  8 

Letach  and  Dounan  one  hundreth  and  twenty  lib      -  120  o  o 

John  Grant  four  hundreth  libs     -  400  o  o 


VALUATION    ROLL    OF    BANFFSHIRE,    1690.  279 

Lyferentrix  thereof  three  hundreth  libs  £300  o  o 

Morinsh  Thomas  Nairn  three  hundreth  and  fifty  libs  350  o  o 

Duke  Gordon  for  ffew  Dutys  one  hundreth  and  fifty  libs  150  o  o 

Sum  of  this  parish  is  3673  6  8 

Skerduston  Parish. 

Carron                     Grant  four  hundreth  libs  400  o  o 

Kinermundie                 Innes  four  hundreth  and  fifty  libs  450  o  o 

Edenvellie  Three  hundreth  and  fifty  libs    -  350  o  o 

Aberlour  Adam  Gordon  Two  hundreth  and  fifty  libs  250  o  o 

Mudhouse  John  Anderson  ffifty  libs    -  50  o  o 

Boat  of  ffidach  John   Grant  thirty  libs  30  o  o 
Breagachie    and     Letervandich     Two     hundreth    and 

fourty  libs   -  240  o  o 
Brecko    and    his    fathers    Interest    there    four    hund 

seven  lib      -  407  o  o 

ffewers  for  few  Dutys  fourty  libs  40  o  o 


Sum  of  this  parish  is  2217     o     o 


Grenge    Parish.  £  s.  D. 

Edengight  for  his  whole  Interest  five  hundretli  libs   -  500  o  o 

Glengarock                  Gordon  Three  hundreth  libs  joo  o  o 
Dauch  of  Grange   Duke    Gordon    four   hundreth    and 

sixty  libs      -  460  o  o 

Myretoun  Peter  Stewart  one  hundreth  and  twenty  libs  120  o  o 

Hauche  John  ffordyce  Sixty  five  libs  -  65  o  o 

Walter  Mitchell  for  all  his  Lands  one  hundreth  libs  100  o  o 

Mudhall  John  Ruddoch  thirty  five  libs  35  o  o 

ffortrie  David  Ruddoch  eighty  four  libs      -  84  o  o 

Adam  rudoch  and  Burnside  one  hundreth  libs  -  100  o  o 

John  Chrystie  Twenty  six  libs  26  o  o 

Patk.  Neil's  succrs.  fifteen  libs  15  o  o 

Cranoch  Thomas  Gordon  eighty  libs  -  80  o  o 

Margaret  Rudoch  twenty  five  libs  -  25  o  o 

John  Ogilvy  Twenty  libs  20  o  o 


280  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Echeres  John  Hay  eighty  libs  £80  o  o 

Poolfald  Peter  Sim  fourty  lib  40  o  o 
Cantly  and  Windyhills  John  Ogilvy  Two  hundreth  and 

twenty  six  libs      -  226  o  o 

Lethen  for  few  Dutys  one  hundreth  libs  100  o  o 

Brecko  for  his  Lands  One  thousand  four  hundreth  Ibs  1400  o  o 

Sum  of  this  parish  is  3776  o  o 

Bridge  of  Don  Eight  hundreth  libs  800  o  o 


Totalis  of  the  Valuation  of  the  whole  shire  is  Eighty  thousand  pounds. 
This  valuation  was  closed  at  Cullen  the  31*'  of  October  1690  years, 
and  subscribed  as  follows.    (Signed)  Patrick  Ogilvie,  A.  Duff,  Patt.  Duff, 
Alexr.  Hay,  Jo.  Innes. 

RESCINDING  OF  RESOLUTION  OF  STH  JANUARY,  1706. 

SEDERUNT  of  the  Commissrs  of  Supply  of  the  shire  of  Banff  holden 
att  Banff  within  the  tolbooth  yrof  upon  the  last  day  of  January 
Jayvij&  and  six  years,  Commiss15  piit — Carnousie,  Crombie, 
Durne  yor,  Meyan,  Glassaugh,  Corskie  and  Litlefield,  who 
choised  Carnousie  preces. 

The  which  day  (g,nent  intima°nes  sent  to  the  adjacent  parish  kirks 
under  the  Clerks  hand  by  warrand  of  Glassaugh,  Durne  yor  and  Skieth 
to  call  a  meetting  of  the  Commissrs  forsd  to  be  here  this  day  in  order  to 
consider  on  some  matters  of  importance  relating  to  the  sd  shire,  as  the 
sds  intima°nes  and  warrand  yrof  now  produced  by  the  Clerk  in 
ymselves  bears  : 

Compeared  the  above  named  Commissrs,  and  having  beared  read  ane 
sederunt  att  ffordyce  upon  the  eight  day  of  January  current  and  having 
considered  the  samen,  ffind  that  the  eighteen  pennies  imposed  at  yt 
meetting  on  the  shire  over  and  above  the  first  stent  made  the  fifth  day 
of  October  last  to  be  payed  at  the  termes  of  Candlemas  and  Lambas 
next  is  most  illegall  in  respect  it  is  not  imposed  by  authority,  and  as  yr 
act  bears  only  for  defence  of  a  private  actione  wherein  the  shire  hes  no 
concerne ;  and  therfor  ordains  the  sds  Candlemas  and  Lambas  termes 
cess  to  be  collected  as  stented  the  sd  fifth  day  of  October  last  being 


COMMISSION    OF   THE    PEACE,    1706.  281 

thrie  pounds  two  shillings  six  pennies  Scots  termly  upon  each  100  Ib.  of 
valued  rent  of  the  shire,  by  and  attoure  Dr.  Steinsons  sallarie  qch  they 
continue  as  formerly:  Whereanent  these  shall  be  the  Collectors 
warrand ;  and  the  preces  for  and  in  name  and  at  desyre  of  the  metting 
hes  subd  this  sederunt. 

GEO.  GORDONE,  I.P.C. 

COMMISSION  OF  THE  PEACE,  1706.' 
ATT  Edinburgh  the  fourth  day  of  June  Jayvij&  and  six  years. 

Commission  nameing  Justices  of  Peace  within  the  shyre  of  Banff, 
read,  voted,  approven,  signed  and  ordered  to  be  recorded,  wherof  the 
tenor  follows. 

Anne  by  the  Grace  of  God  Queen  of  Great  Brittaine,  France  and 
Irland  defender  of  the  faith ;  To  all  and  sundrie  our  leidges  whom  it 
effeiris,  Forasmuch  as  the  Commissioners  of  Supplie  and  heretors 
within  the  shyre  of  Bamff,  haveing  given  in  a  petition  to  our  Privie 
Councell  craveing  that  their  lordships  would  name  Justices  of  Peace 
within  the  said  shyre,  for  exerceing  the  jurisdiction  power  and  priviledges 
granted  to  Justices  of  Peace,  and  \Yee  considering  that  it  is  necessary 
for  our  service,  and  the  publict  interest  of  the  nation  that  ritt  persones 
be  appoynted  to  be  Justices  of  Peace  within  the  said  shyre,  therfore 
Wee  with  advyce  and  consent  of  the  Lordis  of  our  Privie  Councell  Doe 
heirby  Grant  full  power  authoritie  and  Commission  to  the  persons 
following  viz :  The  Earle  Marishall,  The  Earle  of  Findlater,  Sir 
Patrick  Ogilvie  of  Boyne,  James  Ogilvie  younger  of  Boyne,  Sir  James 
Abercrombie  of  Birkenboge,  Sir  Alexander  Ogilvie  of  Forglen,  James 
Dumbar  younger  of  Durne,  John  Dumbar  of  Kirkhill,  Alexr.  Aber- 
crombie of  Glassach,  Nicolas  Dumbar  of  Castellfeild,  William  Lorimer 
Chamberlane  to  the  Earle  of  Seafeild,  John  Hay  of  Muldavid, 
Alexander  Abercrombie  of  Skeith,  John  Innes  of  Edingeith  elder, 
Alexander  Sutherland  of  Kinminnitie  elder,  John  Ogilvie  of  Kincarden, 
Charles  Gordon  of  Glengerroch,  James  Duff  of  Crombie,  John  Aber- 
nethie  of  Meyan,  Alexr.  Wilson  of  Litlefeild,  George  Gordon  of 
Carnousie,  Alexander  Abernethie  of  Corskie,  Mr.  Andrew  Hay  of 
Montblerie,  Ro'.  Grant  of  Dunlugas,  Mr.  William  Joss  of  Cullenard, 
1  M.S.  Register  of  the  Privy  Council  of  Scotland. 
L  2 


282  RECORDS    OF   THE    COUNTY    OF    BANFF. 

The  Laird  of  Grant  younger,  John  Grant  of  Easter  Elchies,  John 
Steuart  of  Killmachlie,  David  Steuart  of  Milnetoun,  John  Grant  of 
Ballendalloch,  Walter  Grant  of  Arndillie,  Mr.  James  Leslie  of  Tullich, 
John  Grant  of  Ruddrie,  Alexr.  Grant  of  Bognduie,  John  Grant  of 
Carran,  Robert  Cuming  of  Ricletich,  Alexander  Sutherland  of  Kin- 
minnitie  younger,  Steuart  of  Tannachie,  Alexr.  Garden  of 

Troup,  William  Ord  of  Findachtie,  Sir  Francis  Grant  of  Cullen,  and 
James  Ogilvie  of  Logic,  to  be  Justices  of  Peace  within  the  said  shyre 
of  Bamff;  with  power  to  them  to  judge  and  determine  in  all  matters 
remitted  to  the  cognition  and  determination  of  Justices  of  Peace  by  the 
several!  acts  of  Parliament,  and  particularlie  the  threttie  eight  act  of 
the  Parliament  Jayvi&  and  sixtie  one,  and  to  putt  the  laws  and  acts  of 
Parliament  in  execution  in  maner  prescryved  by  the  said  act,  and  to 
nominat  and  appoynt  constables,  and  doe  every  other  thing  warranded 
by  the  said  act  or  any  other  acts  laws  and  customes  whatsoever,  and 
any  three  of  them  to  be  a  quorum ;  and  appoynts  the  saids  haill 
Justices  of  Peace  to  meit  and  conveine  together  at  Bamff  four  tymes  in 
the  year  viz :  on  the  first  Tuesday  of  May,  first  Tuesday  of  August, 
last  Tuesday  of  October,  and  first  Tuesday  of  March,  and  att  any  other 
tymes  they  shall  think  fitt  to  meet,  in  which  sessions  they  are  to 
administrat  Justice  to  our  leidges  in  all  matteris  relateing  to  their 
jurisdiction,  and  to  doe  every  other  thing  which  to  the  office  of  Justices 
of  Peace  by  the  law  and  consuetude  of  this  realme  is  knowen  to 
appertaine  and  belonge.  Given  att  Edinburgh  the  fourth  day  of 
June,  and  of  our  reigne  the  fyfth  year  Jayvij&  and  six  years.  Sic 
subitur : — Buchan,  Findlater,  Forfar,  Cromartie,  Ja :  Steuart,  W. 
Anstruther,  J.  Hope,  Ja.  Maxwell,  Gilb.  Eliot,  Jo.  Cockburne. 

SEDERUNT  of  the  Commissioners  of  Supply  of  Banffshire  holden 
att  Banff  the  elevinth  day  of  Jully  Jayvij&  and  six  years, 
Commissrs  pnt — My  Lord  Boynd,  Jon  Abernethie  of  Meyan, 
James  Dunbar  of  Durne,  Allexr.  Gairdne  of  Troup,  Mr.  Andrew 
Hay  of  Monblearie,  Mr.  Wm.  Joass  of  Collynewart,  Nicolas 
Dumbar  of  Castlefield,  Corskie  younger. 

The  Commissrs  pnt  choised  my  Lord  Boynd  preces.  The  sd  day 
my  Lord  Boynd  produced  ane  act  of  Counsell  dated  at  Edr.  the  4th 
day  of  June  last  bypast  authorising  the  persones  yrin  named  to  be 


COMMISSION    OF   THE    PEACE,    1706.  283 

Justices  of  Peace  of  Banffshire  with  power  to  them  to  exerce  as  such 
in  all  things  relating  to  yr  jurisdictione  and  power  warranted  by  law  as 
in  the  sd  act  of  Councile  at  lenth  is  contd:  In  obedience  qrunto  the 
Commissrs  pnt  as  Justices  of  Peace  appoynts  the  haill  Justices  of  Peace 
named  by  the  sd  act  of  Councile  to  meett  at  Banff  the  first  Tuesday  of 
August  nixt,  being  ane  head  quarterly  meetting,  and  that  under  the  faillie 
of  fourty  pounds  Scots  mony  for  each  absent ;  and  ordains  intima°nes 
to  be  issued  out  for  that  effect,  and  which  intima°nes  are  to  require  the 
serall  clerks  and  collrs  of  the  shyre  to  bring  in  yr  books  and  accounts  to 
be  revised  by  the  sd  meetting.  The  sd  Justices  appoynts  the  Justices 
of  Banff,  Cullen  and  Kieth  districts  to  meett  vv  yr  severall  clerks  at 
Banff,  ffordyce  and  Kieth  rexive  the  ninteent  of  Jully  current  to  revise  the 
gral  acts  made  formerly  by  the  Justices  of  Peace,  and  to  report  yr 
opinione  or  amendements  anent  ym  to  the  forsd  quarterly  meetting. 
The  Commissrs  pnt  orders  intimationes  to  be  issued  out  vv  all  conveni- 
encie  for  the  insueing  Lambas  cess  as  formerly  stented  to  be  payed  in 
after  the  sd  terme  under  paine  of  poynding  and  that  upon  Thursday  and 
Friday  weekly  allennerly.  And  the  preces  for  and  in  name  of  the 
meetting  hes  subd  this  sederunt.  PATRICK  OGILVIE,  I.P.C. 

The  Commission  of  the  Peace  of  1706,  crisp  and  succinct  in  its 
phrasing,  was  the  last  in  the  Scots  style.  By  the  act  6  Anne  c  6  (1707) 
Commissions  of  the  Peace  for  Scotland  were  thereafter  issued  in 
cumbrous  English  form  under  the  Great  Seal ;  and  the  duties  of  Scots 
Justices  were  assimilated  to  those  of  England  "  in  relation  to  or  for  the 
preservation  of  the  publick  peace."  Only  the  methods  of  "  tryal  and 
judgment "  remained  Scots.  The  quorum  of  Justices  hereafter  was 
two  instead  of  the  ancient  three  of  Scotland. 

ATT  Banff  the  twenty  eight  day  of  November  Jayvij&  and  six  years. 
Commisrs  and  Justices  pnt : — Birkenboge,  Durne,  Crombie, 
Troup,  Corskie,  Castlefield  and  Collynewart,  who  choised 
Birkenbog  preces. 

Supply  of  eight  months  cess  on  the  land  rent  imposed  and  stented 
with  the  salaries  of  Collector,  Clerk  and  Post. 

Anent  a  clame  Castlefield  agt  Ballandalloch  dect.  as  on  the  clame. 
The    Commissrs  as    Justices    of    Peace    appoynts    James    Sime    in 
Brangand,  James  Stewart  of   Dallachie  and  Walter  Hackat  of  Cairn- 


284  RECORDS   OF   THE    COUNTY   OF    BANFF. 

toune,  constables  for  the  parish  of  Boindy,  and  ordains  yin  all  to 
compier  at  the  first  meetting  here  or  upon  citatione.  John  Adam  in 
Monblaitton  chosen  constable  at  the  last  meetting  here  for  the  parish  of 
Gamrie  compearing  perlly  accepted  the  sd  office  in  and  upon  him,  and 
gave  his  oath  de  fideli.  And  the  preces  for  and  in  name  of  the  meetting 
have  subd  this  sederunt.  JA.  ABERCROMBY,  I.P.C. 

The  Commissioners  on  3oth  January  1707,  having  stented  the 
Candlemas  cess,  etc.,  increased  the  Collector's  salary  to  650  merks, 
and  the  Clerk's  to  250  merks.  The  Post  was  continued  to  Candlemas 
1708. 

On  5th  Feby  1707,  in  accordance  with  an  act  of  Parliament  in 
favour  of  Mrs.  Jean  Ramsay,  relict  of  Lieut.  General  George  Ramsay, 
to  meet  payment  of  arrears  due  to  him  in  clothing  a  regiment  of  guards, 
the  Commissioners  imposed  at  Candlemas  one  week's  cess  at  eight 
shillings  and  one  penny  Scots.  Similar  stents  were  made  at  Candlemas 
1708,  1709  and  1710. 

The  Corporate  Union  of  the  Parliaments  of  England  and  Scotland 
took  place  on  ist  May  1707.  That  year,  8  months'  cess  was  imposed 
by  the  new  British  Parliament,  and  in  terms  of  the  Act  of  Union  the 
amount  for  Scotland  was  £47,954  i6s.  stg.,  the  proportion  for  England 
being  £"1,995,882  os.  S^d.,  the  whole  to  be  raised  in  a  year  from  25th 
March  1708.  The  amount  to  be  raised  from  Banff  was  £95  125.  7^d. 
stg.  per  month.  These  sums  remained  stereotyped  thereafter  as  the 
contributions  of  the  land  tax  from  Scotland  and  England,  though  they 
were  annually  imposed  until  the  Land  Tax  Act  of  1798  made  the  tax 
perpetual. 

On  30th  December  1707,  the  Commissioners,  in  respect  of  two 
parties  quartering  on  the  shire  at  Candlemas  and  Whitsunday  when  the 
cess  money  due  was  on  the  road  for  Edr.,  add  the  deficiencies  so 
caused  to  next  Candlemas  cess.  Representation  ordered  to  be  made 
to  the  Treasury  by  bill  shewing  the  diligence  done  by  the  shire 
regarding  Ballandalloch's  debenture,  and  craving  allowance  thereof  in 
the  ensuing  Candlemas  cess. 

SEDERUNT  of  the  Commissrs  of  Supply  of  Banffshyre  holden  at 
Banff  the  Twenty  seventh  day  of  Aprile  1708  years,  Com- 
missrs  piit — Alexr.  Abercrombie  of  Glassaugh,  Robert  Grant  of 
Denlugas,  Mr.  Wm.  Joass  of  Collynewart,  Nicolas  Dunbar  of 
Castlefield,  George  Stewart  of  Rosieburne. 

The  sd  day  the  Commissrs  piit  choises  Glassaugh  preces. 


STENTING    THE    QUEEN*S    CESS,    1708-9.  285 

The  Collector  produced  discharges  for  payment  by  him  to  the 
General  Receiver  and  Mrs.  Ramsay  of  the  cess  due  to  them ;  and  his 
bond  of  cautionery  lying  in  Collynewart's  hands  is  ordered  to  be  handed 
over  to  him. 

The  sd  day  the  Comissrs  prit  having  mett  upon  a  call  (the  rest  also 
being  advertised)  from  the  Shreff  deput  isued  out  by  warrand  of  the 
act  of  the  British  Parliat  anent  the  supply  qrby  yr  is  8th  moneths  cess 
payable  by  yt  part  of  the  United  Kingdome  called  Scotland  at  the 
termes  yrin  specd,  and  by  the  sd  act  the  rexive  Commissrs  are  appointed 
to  meett  at  the  srall  head  burghs  this  day,  and  the  sds  Commissrs 
pnt  having  mett  to  stent  and  proportione  the  sd  cess  and  to  choise  the 
Collr  and  Clerk  yrof :  Patrick  Leslye,  former  clerk,  is  elected  Clerk 
to  the  new  Supply  and  Castlefield  is  continued  Collector.  Their 
former  salaries  were  650  merks  Collector,  and  250  merks  Clerk. 
Sieing  yr  wes  a  termes  paines  to  both  Collr  and  Clerk  by  Mrs. 
Ramsays  cess  collected  at  Candlemas  1707,  qch  wes  not  foreseen  qn 
the  sd  last  sallarie  wes  allowed  and  given,  therfor  the  Commissrs  add  to 
Collector  and  Clerk  ane  hundred  merks  equally  betwixt  them  to  yr 
former  sallary,  making  in  all  to  be  stented  for  the  new  cess  one 
thousand  merks  of  sallary  to  Collr  and  Clerk  as  above. 

The  Commissrs  also  continues  the  Post  and  allows  him  his  former 
sallary. 

And  the  Commissrb,  having  stented  and  casten  the  Queens  cess-  of 
this  shyre  as  given  up  in  the  forsd  act  of  Parliat  with  the  above 
sallaries,  ffinds  that  at  each  of  the  four  termes  of  the  said  new  cess  viz., 
the  24th  June  nixt,  the  29  Septer  nixt,  the  25th  Der  also  nixt  and  the 
25th  March  1709  years,  the  sd  new  cess  is  payable  by  equall  portiones, 
the  proportione  of  this  shyre  is  three  pounds  three  shillings  Scots  on 
each  hundred  pounds  of  valued  rent  of  79200  Ib.  valued  rent  of  the  sd 
shyre,  qch  payes  the  Queens  cess  and  the  above  sallaries. 

Dr.  Steinson's  sallary  continued  and  stented  on  those  willing  to  pay. 

ALEXR.  ABERCROMBIE,  I.P.C. 

On  5th  May  1708,  the  Commissioners  approved  of  the  preceding 
sederunt  in  omnibus,  with  this  addition  that  the  cess  be  paid  at  the  4 
terms  at  such  times  as  will  allow  the  same  to  be  transmitted  to  Edr.  by 
the  24th  June,  29  Septr.,  25  Deer.,  25th  March. 


286  RECORDS  OF  THE  COUNTY  OF  BANFF. 

ATTENDANCE  OF   FREEHOLDERS  ON   THE   LORDS  OF  JUSTICIARY. 
SEDERUNT  of  the  Commissrs  of  Supply  of  Banffshyre  att  Banff  the 
nth    day   of    May   1709   years: — Present    Mr.   Wm.    Joass   of 
Collynewart  and  John  Mark  Provest  of  Banff. 

The  meeting  called  to  impose  annual  cess,  finding  that  most  of  the 
Commissrs  of  Supply  of  this  shyre  are  at  pnt  as  freeholders  attending 
the  Lords  of  the  Justiciary  at  Abd.,  and  yrfor  could  not  attend  this 
dayes  meetting,  adjourned  to  Thursday  the  nynteinth  current  at 
ffordyce. 

SEDERUNT  of  the  Commissrs  of  Supply  of  Banffshyre  holden  at 
ffordyce  the  igth  day  of  May  1709  years  by  the  Lord  Deskfoord, 
Collynewart  elder,  Castlefield  and  Provest  Mark,  who  choised 
my  Lord  Deskfoord  preces. 

The  Commissrs  being  in  the  certaine  knowledge  that  sfalls  of  the 
Commissrs  are  not  yit  returned  from  waiting  on  the  Lords  of  Justiciary 
adjourne  to  Tuesday  nixt  the  24th  current  at  Banff. 

DESKFOORD,  Preses  I.P.C. 

At  Michaelmas  1709,  the  freeholders  of  Banffshire  protested1  against 
the  burden  of  attending  on  the  Lords  of  Justiciary  in  their  circuits, 
and  relief  was  soon  obtained  by  the  act  8  Anne  c.  16,  which  discharged 
all  such  attendance. 

SEDERUNT  of  the  Commissrs  of  Supply  of  Banffshyre  at  Banff  the 
24th  day  of  Ma}'  1709  years,  Comissrs  prit  The  Lord  Deskfoord, 
Troup,  Collynewart  elder  and  younger,  Cromby,  Moncoffer, 
Carnousie  and  Castlefield,  and  Provest  Mark.  The  Commissrs 
pnt  choised  Lord  Deskffoord  preces. 

Castlefield  produced  discharges  for  payment  of  cess  to  25th 
December  1708.  His  bond  of  cautionary  ordered  to  be  delivered 
up  to  him  when  he  presented  a  discharge  for  cess  to  25th  March  1709. 
The  Collector  and  Clerk  continued  and  the  cess  stented.  Dr.  Steinson 
the  Post's  salary  continued  and  stented  on  those  allennarly  -who 
pleases  to  pay  the  samen. 

ATT  Cullen  the  6th  day  of  December  1709  years,  Sederunt  of  the 
Commissrs    of    Supply    of    Banffshyre    holden   by  The    Lord 
Deskffoord,  Birkenbog  and  Logie  and  Skieth  and  Castlefield, 
who  choised  The  Lord  Deskffoord  preces. 
'  See  p.  127. 


THE    GORDONS    OF    ARDMEALLIE.  287 

The  sds  Commiss"  having  gott  in  ane  acco1  of  expenses  debursed  by 
Mr.  Boyes  in  giving  in  ane  peti°ne  to  the  Barons  of  Exchequer  (by  the 
Commissrs  order)  craving  allowance  of  the  old  debenture  due  on 
Ballandallochs  lands,  which  acco'  w'  the  postages  debursed  by  the  Clerk 
anent  the  sd  matter  extends  to  about  n}'nteen  pounds  Scots  stent  the 
same  on  shyre  at  six  pennies  Scots.  They  ordain  that  last  terms  cess 
be  payable  with  Mrs.  Ramsay's  cess  at  Candlemas  next. 

The  Commisrs  orders  yr  Clerk  to  draw  up  a  schem  anent  the 
debentur  due  on  Ballandallochs  lands,  and  to  give  in  the  same  to  the 
Laird  of  Glassaugh  to  be  by  him,  w'  the  Earl  of  Seaficlds  concurrence, 
represented  to  the  Lord  High  Treasurer,  that  the  shyre  may  either  gett 
allowance  yrof  in  yr  cess,  or  that  a  pairty  of  forces  may  be  ordered  to 
quarter  locally  on  the  sd  deficient  lands  untill  pay'  of  the  sd  debentur ; 
and  in  case  a  pairty  doe  quarter  yrfor  ordaines  the  above  nynteen  pounds 
Scots  to  be  quartered  for  till  the  shyre  also  be  repayed  yrof.  And  the 
preces  hes  subd  this  sederunt.  DESKFOORD,  Pres.  I.P.C. 

THE   GORDONS   OF   ARDMEALLIE. 

On  nth  May  1710,  Ardmellie  yor  and  Dykeside  did  first  qualifie 
ymselves  as  Commis1*  of  Supply  by  takeing  and  subscryving  the  oaths 
of  alledgeance  and  assurance  to  hir  Matie. 

Ardmellie  younger  was  Peter  or  Patrick,  eldest  son  of  James  Gordon 
of  Ardmeallie.  James  Gordon  was  third  son  of  George  Gordon,  IVth 
laird  of  Coclarachie,  and  brother  of  Alexander  Gordon,  Lord 
Auchintoul.  Patrick  was  therefore  first  cousin  to  Major-General 
Gordon  of  Auchintoul.  On  25th  July  1672,  saising  was  given  to 
James  Gordon,  brother  germaine  to  Ale.xr.  Gordone  off  Auchintoull 
and  Issobell  Meldrum,  his  spous,  in  conjunct  fie  and  lyverent  off  all 
and  haill  the  tonne  and  lands  of  Ardmeallie,  with  the  teynd  sheaves 
yroff  and  uthers. 

The  former  proprietors  of  Ardmellie,  as  seen  from  the  following 
sasines,  were  John  Gordon  and  his  son  James  Gordon.  I2th  November 
1667. — Saising  James  Gordone,  eldest  lawfull  sone  to  Jolme  Gordone 
of  Ardmeallie,  off  all  and  haill  the  just  and  equall  halff  of  the  suniesyde 
and  toune  and  lands  of  Ardmeallie  and  others  vith  the  pertinents. 
5th  (or)  25th  May  1671. — Saising  given  to  James  Gordon  younger 
of  Ardmellie  and  Lille  Harvie  his  spous  off  all  and  haill  the  sunne- 
syde  halff  of  the  toune  and  lands  off  Ardmellie,  and  -to  the  sd 
James  Gordone  the  just  and  equall  halff  of  the  shaddow  lands  of 
Ardmellie  possest  be  Johne  Gordone. 


288  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Dykesyde  was  William  Dunbar,  eldest  son  of  Nicolas  Dunbar  of 
Castlefield. 

On  25th  May  1710,  the  land  tax  for  1710,  including  Collector's, 
Clerk's  and  Post's  salaries  was  proportioned  at  £3  is.  rod.  Scots 
imposed  and  made  payable  on  the  first  days  of  June,  September  and 
December  1710,  and  the  first  day  of  March  1711. 

On  nth  May  1711,  the  current  cess  was  stented  as  in  1710.  In 
regard  to  Ballindallochs  debentur  the  Commisrs  appoynt  a  letter  to  be 
wrin  to  Mrs.  Ann  Grant,  sister  to  the  Laird  of  Grant  and  his  factrix  and 
ane  other  to  Collonel  Wm.  Grant,  one  of  Grants  Trustees  desyreing 
they  may  cause  take  course  to  the  sd  debentur  to  prevent  further 
trouble,  qch  lers  the  Commisrs  recomended  to  Arindillie's  care. 

THE  GRANTS  OF  ARNDILLY. 

William  Grant  of  Ardalie,1  third  son  of  Duncan  Grant,  second  laird 
of  Balintomb,  sat  in  the  inquest  for  the  retour  of  Robert  Grant  of 
Dalvey  on  26th  July  1661.  He  married  Jeane  Grant,  one  of  the  five 
daughters  of  John  Grant  of  Galdwall,  now  part  of  Arndilly.  On  27th 
December  1658,  these  daughters,  Margret,  Isobell,  Marjorie,  Agnes  and 
Jeane,  took  sasine  each  of  the  fyft  pairt  lands  of  Easter  Galdwall. 
In  1665  the  executors  of  the  Laird  of  Grant  were  owing  to  Patrick 
Grant,2  son  of  John  Grant  of  Galdvall,  two  sums  of  money.  William 
Grant  had,  before  1672,  acquired  Arndilly,  and  was  founder  of  that 
family,  having  four  sons  and  three  daughters.  Shaw,  in  his  "  Moray," 
calls  this  laird  John  of  Arntullie,  and  makes  him  second  son  of 
Archibald,  first  of  Bellintomb. 

William's  eldest  son  Walter  married  Margaret,  third  daughter  of 
William  Leslie  of  Milton  of  Balvenie,  and  on  8th  January  1672 
saising  was  given  to  Margaret  Lesly,  spous  to  Walter  Grant  younger 
oft"  Airdentillie,  off  all  and  haill  the  eight  oxgaite  lands  of  the 
Mylnetoune  off  Balvenie  with  the  Walkmilne  yrof.  On  14  ffeby 
1682,  two  sasines  were  given  to  Walter  Grant  one  of  the  portioners 
of  Galdvall  and  Margaret  Leslye  his  spouse  of  and  upon  all  and 
haill  that  part  and  portione  of  the  lands  of  Easter  Galdwall.  On  22nd 
May  1684,  sasine  was  given  to  Walter  Grant  of  Ardendillie  of  and  upon 
all  and  haill  the  tounes  and  landes  of  Ardendillie.  On  7th  June  1690, 
Walter  Grant  of  Erdendillie  was  appointed  a  Commissioner  of  Supply 
for  Banffshire.  On  3Oth  December  1693,  Walter  Grant  took  saising 
of  the  just  and  equall  fyft  part  of  the  lands  of  Easter  Galwall, 

•Eraser's  "Chiefs  of  Grant,"  Vol.  I.,  p.  514. 
-  Ibidem,  Vol.  III.,  p.  350. 


THE    GRANTS    OF    ARNDILLY.  289 

Tomnabreck  and  Belnacoull.  The  same  day  saising  was  taken  by  him 
and  Margaret  Lesly,  his  spous,  in  lyfrent  of  two  fyft  pairts  of  the 
lands  of  Easter  Galdwall. 

On  6th  October  1702,  he  was  present  at  Banff  at  the  election  of 
James  Ogilvie  yr  of  Boyne  and  Alexander  Duff  of  Bracco  as  Commis- 
sioners of  the  shire  to  Parliament.  He  was  entered  next  year  in  the 
suite  roll  of  the  county  for  the  lands  of  Airndille  and  Miln  of  Papine. 
On  5th  August  1704,  he  was  again  appointed  a  Commissioner  of  Supply 
for  Banffshire.  With  his  cousin  Sir  Francis  Grant  of  Cullen,  he  acted 
in  1712  in  the  tutory  of  Alexander  Grant  of  Bellintomc.  He  was 
succeeded  by  his  eldest  son,  Thomas  Grant  of  Achoynanie,  Keith. 

4th  March  1712. — Sir  James  Abercromby  of  Birkenbog  and  Wm. 
Duff  of  Bracco  intimated  to  the  Commissioners  that  they  had  obtained 
a  decree  of  relief  against  several  of  the  Commissioners  of  the  shire  in 
the  action  Wm.  Dunbar  against  them,  and  that  Dunbar  had  appealed 
from  the  Lords  of  Session  to  the  Brittish  Parliat.  The  sds  Birkenbog 
and  Bracco  protested  that  the  Commissrs  and  oyrs  concerned  may  be 
lyable  to  defend  ym,  etc. 

I3th  May  1712.  — -  The  cess  imposed.  Castletield  reappointed 
Collector  at  a  salary  of  700  merks,  and  Patrick  Leslie  Clerk  at  300 
merks.  The  Post  continued. 

WINDOW    MONEY. 

The  sd  day  Castlefield  represented  to  such  of  the  Commiss1"*  put  as 
are  Justices  of  the  Peace  that  at  yr  desyre,  he  having  undertaken  to 
collect  the  window  mony  of  this  shyre  due  in  anno  1711,  he  hes  got  a 
pairt,  and  yr  is  yit  a  remainder  owing  by  the  shyre,  and  now  the  sd 
Castelfield  declined  to  collect  further  in  respect  he  had  not  above  73. 
ster  yeirly  of  sallarie  allowed  him  by  the  act  of  Parliat,  and  yrfor 
dimitted  the  sd  collectione  .  .  .  and  Patrick  Leslie  clerk  to  the  sd 
window  mony  likewayes  gave  over  the  sd  office:  The  Justices  accept  the 
sd  dimissiones  .  .  .  and  considering  that  James  Ogilvy  and  David 
Stewart  collrs  of  the  excyse  of  Banffshyre  have  a  salary  for  surveying 
the  windows  of  this  shyre  .  .  .  nominate  ym  collectors  of  the  sd 
window  mony  . 

The  act  8  Anne  c.  IV.  granting  new  duties  upon  houses  having 
twenty  windows  or  more  for  the  year  1710  was  made  perpetual 
by  3  Geo.  I.  C.  8  and  5  Geo.  I.  C.  19.  These  acts  were  repealed  by 
20  Geo.  II.  C.  3. 

M'2 


ago  RECORDS  OF  THE  COUNTY  OF  BANFF. 

ABUSES   IN  THE   MANUFACTURE  OF   LINEN   CLOTH. 

ATT  ffordyce  the  seventeenth  day  of  September  1712  years : 
Sederunt  of  the  Justices  of  Peace  and  Commissrs  of  Supply  of 
Banffshyre — The  Earle  of  ffindlatter,  My  Lord  Deskfoord,  My 
Lord  fforgland,  The  Lairds  of  Carnousie,  Bracco,  Birkenbog, 
Durne,  Skieth,  Boig,  Collynevart  and  Castlefield,  who  choised 
the  Earle  of  ffindlatter  preces. 

The  sd  day  the  Justices  of  Peace  piit  takeing  to  yr  considera°ne  the 
act  of  Parliat  made  last  sessione  to  prevent  abuses  in  makeing  linnen 
cloath,  etc.,  and  having  caused  read  the  same  they  recomend  to  the  nixt 
quarterly  sessione  of  the  Justices  to  cause  putt  the  sd  act  to  vigorous 
execu°ne  w'in  the  sd  shyre,  and  in  order  yrto  and  yt  all  persones  may  be 
certified  of  the  sd  act,  that  yr  be  copies  of  the  sd  act  sent  to  the  Justices 
of  each  district  of  the  sd  shyre,  and  .  .  .  that  some  gentleman 
in  each  parish  keep  the  same  as  a  standart  for  the  parish,  whom  the 
Justices  are  to  nominat  for  this  end:  Recomends  also  to  the  sd  quarterly 
meetting  to  appoint  Stamp  masters  and  places  for  stamping  the  pieces 
of  linnen  w'in  the  shyre,  as  will  be  most  convenient  for  the  inhabitants 
Recomends  also  to  the  quarterly  meetting  to  authorise  the 
rexive  districts  to  conveen  the  weavers  and  give  yfn  necessary  direc°nes 
for  weaving  the  sd  linnen  cloath  ....  FINDLATER,  P. 

The  act  10  Anne  c.  21  was  passed  in  1711  to  prevent  abuses  in 
making  linen  cloth.  Defects  were  common  in  the  unequal  length  and 
breadth  of  pieces,  in  the  unequal  sorting  of  yarn  and  in  inferior  bleaching. 
These  abuses  in  manufacture,  the  preamble  narrated,  tended  to  the  great 
debasing  and  undervaluing  of  linen  cloth  both  at  home  and  abroad. 
Overseers  or  searchers  of  linen  were  authorised  to  prosecute  offending 
weavers;  and  Magistrates  in  Burghs  and  Justices  to  landward  were 
directed  to  make  stamps  and  appoint  stamp  masters,  so  that  properly 
manufactured  linen  might  be  stamped  before  exported  for  sale.  Manu- 
facturers were  forbidden,  under  penalties,  to  use  lime  or  "  pidgeons' " 
dung  in  whitening  or  bleaching  linen. 

7th  July  1713. — Castlefield  and  Patrick  Leslie  continued  Collector 
and  Clerk  at  their  former  salaries,  with  this  proviso:  If  it  happen  that  in 
lieu  of  the  pfit  malt  tax  imposed,  the  Parliat  doe  impose  any  more  cess 
on  Scotland  payable  this  year,  the  Collector  and  Clerk  will  serve  for  this 
cess  gratis.  The  Post  continued  as  formerly.  The  cess  stented  at 
£3  6s.  4d.  Sc, 


THE   ACCESSION   OF   KING   GEORGE   I.  2QI 

In  answer  to  a  complaint  regarding  the  collection  of  the  window  tax, 
the  Justices  answer  Mr.  Plummer,  General  Receiver,  that  no  suitable 
encouragement  is  given  to  a  collector. 

THE  ACCESSION   OF   KING  GEORGE   I. 

Queen  Anne  died  on  ist  August  1714,  and  the  Hanoverian  succession 
opened  to  an  elderly  German.  His  greatest  defects,  his  ignorance 
of  English  and  his  overpowering  regard  for  Hanover,  were  his  salvation 
in  keeping  his  throne,  as  he  passed  more  completely  into  the  hands 
of  his  English  Ministers,  and  of  Argyle  in  Scotland,  in  everything  that 
pertained  to  the  internal  government  of  Great  Britain.  Apart  from  the 
Parliamentary  settlement  of  the  Crown,  which  applied  equally  to  the 
Orange  William  and  the  Stuart  Queen  Anne,  the  Hanoverian  regime 
and  policy  was  as  strongly  founded  on  Royal  prerogative  as  that  of  the 
Stuarts ;  and  it  is  a  mistake  to  assume  that  at  this  era,  when  a  small 
aristocratic  junta  controlled  the  Commons,  constitutional  freedom 
was  otherwise  in  any  way  advanced.  The  open  immorality  of  the 
new  Court,  coming  after  the  stricter  rule  of  life  of  William  and 
Mary  and  Anne,  was  a  bad  reversion  to  the  days  of  Charles  II.,  without 
any  redeeming  grace  of  wit  or  beauty.  The  succession  opened 
amidst  much  popular  and  Jacobite  opposition. 

The  following  letter  from  the  charter  chest  of  Cullen  House,  un- 
signed, and  with  a  request  to  burn  it,  which  was  unheeded,  gives  some 
indication  of  the  expectant  state  of  feeling  in  Moray  and  Banff. 
The  minute  of  I3th  August  records  the  usual  imposition  of  the 
yearly  cess,  but  shows  signs,  as  well  it  might,  of  local  uneasiness  in 
the  establishment  of  an  additional  post  to  Aberdeen,  and  in  arming 
the  people  against  possible  outbreaks  by  the  Highlanders. 

Elgin  1 2th  August  1714. 
SIR, 

I  received  yours.  The  news  of  the  Queens  death  was 
surpriseing  here,  but  all,  both  high  and  laigh,  are  yet  quiet,  and  by  all  I 
can  see  or  learn  will  be  so  while  ther  be  ane  landing  or  some 
commanders  or  leading  men  come  to  the  countrey.  I  have  been  with 
severall  gentlemen  in  the  countrey  off  different  principalls,  but  all 
suspend  ther  opiniones  at  the  time,  and  will  doe  soe  whatever  they  think 
till  they  have  further  advice.  I  doe  not  think  anie  off  the  Highlanders 
will  brake  louse  or  invest  the  [low]  country  while  something  else  happen, 
because  [their]  chiftains  must  answer  in  the  event  for  ther  clanns ;  and 
both  masters  and  men  payed  verie  weel  for  ther  outbrakeings  and  ill 
neighbourhood  in  the  beginning  of  the  last  revolutione.  Whatever 


2Q2  RECORDS   OF   THE   COUNTY   OF   BANFF. 

occurrs  worth  noticeing,  if  necessar,  yow  shall  have  ane  accompt 
immediatlie  by  ane  express,  and  shall  expect  the  lyke  from  yow.  I  give 
my  humble  duty  to  all  our  good  friends,  and  allwayes  remaines, 

Sir, 

Your  humble  servant. 
Sir, 

Burn  this  letter  after  reading. 

SEDERUNT  of  the  Comissrs  of  Supply  of  Banffshyre  held  at  Banff 
the  i3th  day  of  August  1714  yeares  by  My  Lord  Deskfoord, 
My  Lord  fforgland,  Birkenboig,  Durne,  Park,  Troup  elder, 
Carnousie,  Monblairies  elder  and  yor,  Meyan,  Kinairdy,  Easter 
Elchies,  Achoynanie,  Kilminnity,  Logic,  Melrose,  Collynevart, 
Bog,  Balnoon,  Knockorth,  Edingeiths  elder  and  yor  and 
Provest  Mark,  who  all  unanimously  choised  My  Lord  Deskfoord 
preces. 

The  Commissrs  piit  being  mett  this  day  and  place  by  vertue  of 
intima°ncs  issued  by  the  Shreff  Ueput  threw  the  shyre  calling  them  to 
meett  as  sd  is  to  choose  the  Clerk  and  Collr  to  the  new  supply  imposed 
by  ane  act  of  the  last  sessione  of  Parliat  to  be  raised  by  a  land  tax  in 
Great  Britan  for  the  service  of  the  yeir  TJI^,  and  to  stent  and 
proportione  the  sd  ne\v  supply,  the  sds  Commissrs  having  seen  and 
perused  the  sd  act  of  Parliat,  they  all  unanimously  choise  Patrick 
Leslie  yr  former  clerk  to  be  clerk  to  this  new  supply.  The  sd  day 
Castlefield  having  \\rin  a  ler  to  the  meetting,  qch  being  read,  the 
Comissrs  returnes  Castlefield  yr  thanks  for  his  former  good  services  to 
the  shyre.  Thereafter  Patrick  Leslie,  in  name  of  Castlefield,  produced 
and  gave  in  to  the  meetting  a  discharge  for  the  cess  of  Banffshyre  due 
in  March  1713,  dated  i5th  Septer  1713,  signed  by  Gavin  Plummer  deput 
receater,  as  also  produced  ane  oyr  discharge  for  the  cess  of  the  sd 
shyre  due  in  September  last  signed  by  the  sd  Gavin  Plumer  and  dated 
the  6th  day  of  Aprile  1714  yeares,  both  qch  discharges  the  Commiss1"5 
appoynts  to  be  regrat  and  extracts  keept  by  the  Clerk  for  the  shires 
behoof.  As  also  the  sd  Patrick  Leslie  produced  two  lers  direct 
to  him  by  John  Philip,  Auditor  of  the  revenue  at  Egr,  acknowledging 
his  having  1600  Ib.  Scots  in  -his  hands  to  be  applyed  towards  the 
last  March  cess  of  the  sd  shyre,  and  represented  that  the  remander  of 


MEASURES    TO    PRESERVE   THE    PEACE.  293 

the  sd  March  cess  wes  due  by  the  shyre,  and  by  some  cash  in  hand 
qch  the  former  Collr  wes  willing  to  give  up  to  any  should  be  now  named 
Collr  to  the  new  supply  at  the  sight  of  a  comitie  of  the  Comissrs  and 
upon  his  recept  and  oblidgement  to  apply  the  same  and  retire  the  sd 
former  Collrs  bond  of  caurie.  The  Comisrs  appoynts  intimationes  to 
be  issued  requiring  those  lyable  for  bygone  cess  to  pay  in  the  same  to 
the  former  Collr,  and  impowers  him  in  case  of  necessity  to  call  for  a 
pairty  from  the  Gen"  Receiver  and  order  them  on  the  sds  deficients 
when  he  thinks  fitt.  A  committee  was  appointed  to  meet  Castlefield  in 
Banff  on  ist  Septr.  to  arrange  matters  with  him. 

MR.   ANDREW   HAY   APPOINTED   COLLECTOR. 

The  Commiss1"5  yrafter  having  called  the  votes  who  should  be  Collr 
of  the  sd  new  cess,  they  all  unanimously  elect  and  choise  Monblairie 
yor  Mr.  Andrew  Hay  to  be  Collector  of  the  sd  new  supply.  The  sds 
Commissrs  continues  the  pfit  Collrs  and  Clerks  sallaries  as  last  year,  to 
witt  six  hundred  merks  to  the  Collr  and  three  hundred  marks  to  the  Clerk. 

The  shires  Post  is  continued  as  formerly  at  two  shillings 
sterling  weekly.  As  also  because  of  some  present  emergencies  they 
appoynt  another  post  and  runner  to  goe  from  this  to  Abd.  weekly  and 
.  that  for  half  a  yeir  reckoning  from  friday  nixt,  and  allowes  him  two 
shillings  sterling  weekly  also  for  the  said  space  being  twentie  six 
weeks.  .  . 

MEASURES  TO  PRESERVE  THE  PEACE  UPON  THE  PNT  EMERGENCE. 
The  said  day  their  being  a  letter  produced  direct  to  the  Shreff  of 
this  shyre  from  the  Lords  of  Justiciary  the  Barons  of  Excheqr  and  oyrs, 
wherein  they  recomend  to  all  the  judges  ordinary  to  take  notice  of  the 
peace  of  the  country  upon  the  piit  emergence,  in  consequence  of  qch 
letter  the  Comissrspnt  as  Justices  of  Peace  does  appoynt  the  same  to  be 
publictly  intimat,  that  the  whole  country  may  be  warned  in  case  of  any 
robberies  or  depredationes  from  the  highlands,  or  oyrwayes  to  guard 
themselves,  and  that  in  ordor  yrto  all  heritors  may  inquire  and  take 
care  how  the  people  belonging  to  them  are  armed,  and  that  they  doe 
take  notice  they  be  provided  vvl  guns  and  any  oyr  weapons  for  yr  owne 
defence.  The  Justices  appoynts  that  this  be  intimat  wl  all  dispatch 
possible,  and  the  preces  has  subd  this  sederunt. 

DESKFOORD,  Preses,  I.P.C. 


294  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  public  intimation  was  accordingly  made,  as  the  following  copy 
of  the  advertisement  from  the  Cullen  House  charter  room  shows. 

By  order  of  the  Justices  of  Peace  of  Bamfshyre  these  doe  intimate 
to  and  warn  the  inhabitants  of  the  sd  shyre,  that  because  some  incon- 
veniences depredations  and  incursions  may  happen  upon  the  occasione 
of  the  late  Queen's  death,  and  that  ye  contry  and  every  persone  yron 
concerned  may  be  in  some  posture  of  self  defence  they  doe  appoynt  ye 
haill  heritors  forthwith  to  cause  the  people  belonging  to  ym  be  weell 
provided  in  gunns  and  oyer  defensive  to  preserve  the  publict  peace  of 
the  shyre,  and  that  all  persons  may  be  certified  hereof  appoynts  these 
prits  to  be  intimate  by  the  reader  from  the  latron  after  divine  service  on 
the  first  Sunday  after  sight  herof.  Given  by  order  frsd  att  Bamff  the 

threteenth  day  of  August  1714. 

GEO.  LESLYE. 

NICOLAS  DUNBAR  OF  CASTLEFIELD. 

Nicholas  Dumbar  in  Castellfield  being  oft  tymes  called  and  not 
compeirand  at  the  instance  of  John  Menie  pror  fiscall,  for  disturbing 
the  peace  of  the  towne  in  stricking  of  James  Ogillvie  as  was  alleged, 
was  unlawed  in  ten  pounds  money  for  his  contumacie.  This  entry 
in  the  Court  Books  of  Cullen  in  1677  is  an  arresting  introduction 
to  one  who  became  Sheriff  depute  of  Banffshire,  and  who  is  only 
remembered  now  as  the  judge  that  sentenced  James  Macpherson 
to  be  hanged  in  Banff  for  sorning  and  reiving.  The  estate  of 
Castlefield,  in  Rathven  parish,  now  included  in  the  domairf  surrounding 
Cullen  House,  was  in  1660  the  possession  of  Nicolas'  relative, 
Mr.  George  Dunbar,  who  was  that  year  appointed  Commissioner 
from  Cullen  to  the  Parliament  meeting  in  1661,  threttie  shillings 
Scots  ilk  day  for  his  charges  being  allowed  him.  On  28th  Apryll  1664, 
there  was  recorded  a  renunciation  by  Elizabeth  Lawtie,  spous  to  Mr. 
Georg  Dunbar  of  Castellfield  and  the  sd  Mr.  Georg  for  his  entries  of 
and  upon  the  toune  and  lands  of  Ramore  and  teynd  sheavs  therof. 
Later,  on  20th  July  1664,  there  was  recorded  a  seasing  Mr.  Georg 
Dumbarre  of  Castelficld  and  Elizabeth  Lawtie,  his  spous,  of  the  toune 
and  lands  of  Ramore.  Next  year,  as  his  tombstone  in  Cullen  Church- 
yard shows,  he  died.  His  widow,  who  had  been  provided  in  10,000 
merks  Sc.  in  liferent,  renounced  £1000  Sc.  of  this  amount,  declaring 
herself  satisfied  with  8500  merks,  wadset  and  impignorat  on  the  lands 
of  Castlefield  and  Ramoir.1 

'Dr.  Cramond's  "Annals  of  Cullen,"  p.  42. 


NICOLAS    DUNBAR    OF    CASTLEFIELD.  295 

In  1669,  Nicolaus  Dunbar  in  Castelfield  together  with  William 
Gordone  of  Forscane  and  John  Innes  of  Edingight  were  admitted 
burgesses  of  Cullen.  The  retour  of  James  Dunbar  of  Inchbrook  as 
heir  of  Mr.  George  Dunbar  of  Castlefield,  his  brother,  in  the  lands  of 
Castlefield  in  1676,  shows  that  Nicolas,  though  residing  in  Castlefield, 
was  not  the  son  of  George  Dunbar.  He  may  have  been  son  of  this 
James  Dunbar,  and  nephew  of  Mr.  George.  Inchbrook,  part  of  the 
estate  of  Westfield,  near  Elgin,  and  long  a  Dunbar  possession, 
points  to  the  Dunbars  of  Castlefield  being  connected  with  those  of 
Westfield. 

A  close  neighbour  and  friend  of  the  3rd  Earl  of  Findlater  and  of  his 
son,  Nicolas  Dunbar  received  from  Sir  James  Ogilvie,  Sheriff  Principal, 
a  commission  as  Sheriff  depute  of  Banffshire,  which  was  presented  on 
2nd  February  1693.  In  the  Commission  he  is  designed  of  Castelfield. 
That  he  had  been  married  for  some  time  appears  from  a  letter 
to  Sir  James  Ogilvie  from  Robert  Paterson,  Principal  of  Marischal 
College,  Aberdeen,  dated  27th  April  1694,  asking  him  since  '  ye 
wes  educat  at  Marshaill  Colledge  ye  will  continue  a  friend  to  the  sam, 
and  now  to  evidence  it,  its  exspected  ye  will  speak  to  your  Shiref  deput 
Castelfeild  to  send  his  son  to  Mr.  Pecock2  to  be  educat.  The  son  was 
probably  William,3  described  eldest  son  of  Nicolas  Dunbar  of  Castlefield, 
when  he  was  in  1698  admitted  a  burgess  of  Cullen.  On  nth  October 
1698,  Nicolas  Dunbar  was  appointed  Collector  of  the  County  Cess. 
The  Sheriff  depute  was  withal  a  sportsman.  Writing  to  his  neighbour, 
James,  3rd  Earl  of  Findlater,  from  Castlefield  on  28th  October  1704, 
he  says  :  The  posts  importunitie  to  be  gone  made  me  omitt  to  give 
your  Lop.  ane  accompt  of  ane  setting  dog  that  samtyrne  I  had  on  heir 
and  wes  trying  him,  and  since  that  tyme  I  called  for  ane  other.  Both 
dogs  are  young  and  can  doe  very  \veill  in  moors ;  but  I  could  not  get 
them  so  tryed  in  dale  ground  for  partridges.  The  pryce  of  either  of 
them  was  fourtie  punds  Scots,  but  I  believe  they  would  have  taken 
fiftie  merks.  Therfor  I  would  have  your  Lop.  sending  Donald  Shaw 
north  that  he  may  make  a  full  tryall  of  them,  and  choise  the  best.  In 
1711  he  was  one  of  the  members  of  the  Town  Council  of  Cullen. 
The  preceding  minute  shows  that  he  demitted  office  as  County 
Collector  on  I3th  August  1714.  He  died  in  1718,  and  that  year  the  burgh 
accounts  of  Cullen  were  charged  with  6s.  Scots  paid  to  the  officer  for 
charging  the  inhabitants  to  Castlefield's  burial.  He  was  succeeded  by 
his  eldest  son  William,  designed  of  Dykeside,  who  took  sasine  on  the 
lands  of  Castlefield  on  7th  November  1718.  Dykeside4  married  a 
daughter  of  Walter  Grant  of  Arndilly. 

1  SeafieM  Correspondence  (Scot.   Hist.  Socy.),  pp.   141-2. 

2  Regent,   Marischal  College,  Aberdeen. 

3  Dr.  Cramond's  "Annals  of  Cullen,"  p.  59. 
« Eraser's  "Chiefs  of  Grant,"  Vol.  I.,  p.  514. 


296  RECORDS  OF  THE  COUNTY  OF  BANFF. 

PATRICK  LESLYE  OF  MELROSS. 

Writing  from  Cullen  on  agth  August  1714,  Lady  Deskford  relates:— 
On  Friday,  Mr.  L[orimer]  had  some  proclimations  about  takeing  the 
oaths  to  the  King.  Peter  Lesly  haveing  died  sudenly  last  week  of  a  fitt 
of  the  palsie,  there  was  no  one  to  put  them  in  execution,  for  Castelfeild 
excused  himself,  so  Mr.  L.  went  to  Ld  F[orgle]n  and  they  agreed  that 
the  Justice  of  Peace  [Clerk]  is  to  do  it.  Patrick  Leslye,  the  Clerk  of 
Supply,  thus  died  on  the  Friday  before  2Qth  August  1714. 

On  loth  September  1703,  he  was,  through  the  influence  of 
the  Earl  of  Seafield,  conjoined  with  his  father  Burdsbank  in  the 
office  of  Sheriff  Clerk  of  Banffshire.  He  was  appointed  Joint 
Clerk  to  the  Commissioners  of  Supply  on  i2th  September  1704. 
Seemingly  he  was  not  married  at  this  period,  for  on  26th  March 
1704,  the  kirk  session  records  of  Banff  shew  that  he  appeared 
in  a  humble  and  submissive  manner,  confessing  his  sin  with  Jean 
Sim,  servant  to  his  father  Burdsbank,  and,  giving  evidence  of  his 
repentance  in  public  at  both  appearances,  was  absolved.  Notwith- 
standing his  appearance  on  the  public  stool  of  repentance,  Patrick 
Leslye  in  1705  figured  before  the  Town  Council  of  Banff  as  a  critic  of 
the  Burgh  Schoolmaster  and  moral  censor,  in  his  objections  to  the 
appointment  of  Patrick  Morrison,  late  doctor I  in  the  school  of  Banff  as 
Burgh  Schoolmaster,  because  he  is  not  a  gradual,  and  so  is  not  in  ane 
capacity  to  say  evening  and  morneing  prayer,  and  read  in  the  church 
the  samen,  being  ane  part  of  the  Schoolmasteris  dewitye.  He  could 
keep  no  order  in  the  school,  was  not  qualified  to  teach  Latin  and 
Greek,  and  was  a  habitual  drunkard  and  cairder,  and  specillie  it  is 
offered  to  be  proven  that  he  went  in  with  ane  caball  of  his  owne  to  the 
house  of  Ballyie  Wallace  one  night  at  sevin  accloack  at  night,  and 
drank  and  played  at  cairds  all  that  night  untill  sevin  acloack  nixt 
morning.  Naturally  the  "  Ballyie's  "  colleagues  refused  to  allow  the 
protest  to  be  inserted  in  the  principal  Register  as  the  same  is 
scandalous  and  ought  not  to  be  inserted  until  proven.  They  accordingly 
appointed  Mr.  Morrison  schoolmaster. 

For  the  county  supply,  Patrick  Leslye  was,  on  5th  October  1705, 
appointed  sole  clerk  at  a  salary  of  200  merks,  and  the  Commissioners 
ordained  Jon  Donaldsone  to  deliver  up  to  their  pnt  clerk  the  whole 
books,  records,  sederunts  and  papers  belonging  to  the  shire  in  his  hands 
as  former  clerk,  which  was  accordingly  done  on  the  3ist  of  January 
1706.  He  held  the  appointment  of  cferk  to  the  Justices  of  Peace  of 
the  county.  He  married,  about  this  time,  Margaret,  daughter  of 
Ramsay  of  Melrose,  in  Gamrie,  and  the  register  of  births  in  Banff 

1  Teacher. 


APPOINTMENT   OF   THOMAS    DUFF   AS   CLERK   OF   SUPPLY.  297 

shews  that  he  had  a  daughter  Mary  and  a  son  William  baptised 
respectively  in  1707,  1709.!  He  had  also  a  daughter  Bathia,  who 
married  Dr.  James  Saunders,  Banff,  and  a  son  George.  He  was 
succeeded  by  his  son  William. 

APPOINTMENT  OF  THOMAS  DUFF  AS  CLERK  OF  SUPPLY. 
SEDERUNT  of  the  Committee  of  the  Commissioners  of  Supply  of 
Banffshire  appointed  to  hold  this  day  by  the  last  generall 
meeting,  as  also  of  severall  oyrs  of  the  Commissioners  of  the 
said  shire  conveened  upon  this  first  day  of  September  Imvijc 
and  fourteen  years  viz.,  My  Lord  Forglen,  Provost  Mark, 
Collenwart,  Easter  Elchies,  Kinnardie,  Tullich,  Troup,  Rothe- 
may,  Achoynanie,  Montblery  younger,  Bog,  Meyan  and  Kil- 
minitie,  who  unanimousely  chose  my  Lord  Forglen  to  be  their 
preses. 

The  said  Commissioners  in  the  first  place  unanimousely  made  choice 
of  Thomas  Duff,  lawfull  son  of  Robert  Duff  in  Hillockhead,  in  place  of 
Patrick  Lesly  of  Melross  deceased,  to  be  Clerk  to  the  Commissioners  of 
Supply,  and  appoint  the  former  sallary  of  three  hundred  inerks.  He 
takes  the  oath  de  fideli  administratione  and  agrees,  if  he  is  appointed 
J.P.  Clerk,  to  serve  on  the  same  terms  as  Patrick  Leslie. 

The  Commissioners,  upon  considera°n  that  Castlefield  is  very 
tender,  and  Mr.  Lesly  his  ffactor  deceased,  they  recommend  to 
Montblery  yor  to  do  diligence  for  inbringing  a  deficiency  extending  to 
four  hundred  and  nyntie  punds  thirteen  shs.  and  four  ds.  Scots. 

The  Cofnisrs  are  informed  by  Burdsbank  yt  the  Valuation  Rolls  of 
the  shyre  are  amongst  Patrick  Leslys  papers — the  same  are  ordered  to 
be  given  up  to  Mr.  Hay.  Burdsbank  delivered  up  to  Thomas  Duff, 
clerk,  the  present  Sederunt  book  of  the  Commissioners  of  Supply,  as 
also  another  book  of  Sederunt2  of  the  Justices  of  Peace  and  Cofnisrs  of 
Supply  of  the  sd  shire,  begun  in  August  1708  and  ending  in  August  last. 
The  Commissioners  pnt  recommend  to  my  Lord  fforglan  to  write  to 
my  Lord  Findlater  y'  his  Lordship  would  be  pleased  to  take  under  his 
considera°n  the  present  need  the  Justices  of  Peace  in  this  shire  have  of 
a  Clerk,  and  to  procure  a  commission  yrefor  to  any  is  most  acceptable 
to  his  Lop;  and  if  he  be  satisfyed  wl  Mr.  Duff,  the  Commissrs  pnt 

•Dr.  Cramond's  "Annals  of  Banff,"  Vol.  II.,  p.  288.         2  This  book  is  not  now  extant. 

N  2 


298  RECORDS    OF   THE    COUNTY   OF    BANFF. 

recommend  him  to  his  Lops  care  and  goodnes;  and  also  to  acquaint 
his  Lop  that  this  day  the  Justices  of  the  Peace  @mend  did  meet  and 
would  have  qualified  ymselves  and  given  orders  to  oyrs,  but  the  want 

of  a  Clerk  impeded  them. 

ALEXR.  OGILVIE,  P. 

John  Philp,  writing  to  his  cousin  William  Lorimer,  chamberlane  to 
the  Earle  of  ffindlater  at  Cullen,  from  Edinburgh  on  8th  September 
1714,  says:  I  receaved  a  letter  from  Bracco  recommending  a  friend  of 
his  of  the  name  of  Duff  to  be  Clerk  to  the  Commrs  of  Supply.  I 
think  it  very  proper  for  my  Lords  interest  to  prefer  him.  Thomas 
Duff  had  been  appointed  seven  days  before.  He  was  chamberlain  1  to 
Bracco,  and  was  the  eldest  son  of  Robert,  in  Hillockhead,  Botriphnie, 
who  was  fourth  son  of  George  Duff  of  Edendiach,  fourth  son  of  Adam 
Duff  of  Clunybeg. 

The  Commissioners  on  gth  December  1714,  record  an  obligation  by 
Archibald  Ogilvie  of  Rothiemay  to  relieve  John  Abernethie  of  Meyan  of 
all  cess  and  public  burdens  on  the  two  oxgate  land  of  Corskellie,  the 
proportion  of  valued  rent  effeiring  to  Corskellie  being  £23  6s.  8d.  Sc. 

SEDERUNT  of  the  Commissioners  of  Supply  of  Banffshire  held  at 
Banff  the  twenty  eighth  day  of  July,  Imvijc  and  fifteen  by  the 
Lairds  of  Kinairdie,  Bog,  and  Provost  Mark,  who  being  all 
qualified  according  to  law  choosed  Kinnardie  to  be  preses  of 
this  meeting. 

The  meeting  called  by  the  Sheriff  depute  (Provost  Mark)  to  impose 
the  land  tax  granting  ane  aid  to  his  Majestic,  appointed  the  former 
Clerk  Thomas  Duff,  who  presented  a  letter  from  Mr.  Andrew  Hay, 
Collector  for  Edinburgh,  excuseing  yt  he  cannot  get  this  meeting 
keeped,  on  which  the  Commissioners  present  excuse  his  absence.  He 
is  again  appointed  Collector.  The  cess,  including  salaries,  stented  at 
£3  6s.  4d.  Sc.  on  each  £100  Sc.  valued  rent  termly  on  29th  Septr.  1715, 
and  25th  March  1716.  Committee  appointed  to  meet  with  the  Collector 
on  i6th  August  and  settle  matters  with  him. 

This  Committee  met  accordingly  on  i6th  August,  but  as  Montblairy 
was  not  yet  north,  adjourned  to  ist  September.  On  ist  Septr  the 
Committee  present,  viz.,  Bog,  Collenwart,  and  Provost  Mark,  under- 
standing that  Monblery  yor  is  necesrly  with  drawn  at  Edinburgh  and 

'  "  The  Book  of  the  Duffs,"  pp.  431-2. 


THE   EARL   OF   FINDLATER  AND  THE   THREATENED   RISING.        299 

cannot  be  north  for  eight  or  ten  dayes  at  least,  they  adjourn  this 
meeting  to  the  i6th  day  of  September  current,  and  ordain  Montblery 
their  Collector  to  meet  with  any  three  of  their  number  the  sd  day. 

On  6th  September  1715,  the  Jacobite  standard  was  raised  at 
Braemar. 

On  i6th  September  1715,  Mr.  Andrew  Hay,  yor  of  Montblery, 
Collector,  attended  the  Committee  and  gave  up  an  accounting,  and 
lodged  a  bond  of  caution  for  the  cess  of  September  1714  and  March 
1716,  signed  by  Alexander  Reid  yor.  of  Barra.  All  deficients  were 
ordered  to  be  quartered  on. 

Meantime  the  Earl  of  Findlater  had  been  in  Edinburgh,  and 
the  following  letters  from  the  Cullen  House  charter  chest  throw 
interesting  light  on  the  course  of  events,  including  the  arrest  and  early 
liberation  of  his  son  Lord  Deskford.  Findlater,  who  had  anxiously 
desired  employment  under  the  Hanoverian  government,  but  was 
disappointed,  carefully  abstained  from  any  participation  in  the  rising, 
but  noted  with  regret  his  own  waning  influence  beside  the  rise  of 
young  Grant  of  Grant,  who  soon  became  Lord  Lieutenant  of  the 
county,  and  for  some  time  wielded  the  greatest  influence  in  its  affairs. 


WILLIAM, 


From  the  Earl  of  Findlater. 

Edinburgh,  Aug.  gth  1715. 


You  see  my  resolutions  are  to  live  peaceably  and  to  give  no 
offense  to  my  nighbours  or  any  others  whatsoever ;  and  whatever  be  the 
event  of  this  great  affair,  I  will  follow  out  my  principle  in  doing 
prejudice  to  no  person.  Therfor  you  must  take  care  that  all  my 
tennents  and  dependers  live  innocently  and  peaceably.  I  know  my 
nighbours  will  be  friendly  to  me,  but  if  they  should  not,  I  cannot  help 
it.  I  think  against  stragglers  wee  should  keep  a  gaurd  both  for  the 
house  and  land,  in  case  the  H — ders  begin  to  brake.  I  know  not 
what  will  be  the  future  event,  but  the  two  last  posts  brought  us  nothing 
considerable,  and  ther  are  several  letters  from  London  that  bears  they 
think  ther  will  be  no  invasion  at  this  time.  I  saw  a  computation 
of  K —  G —  his  forces.  It  is  writte  that  he  will  have  twentie 
regiments  of  dragoons  besydes  the  Gaurds  and  some  regiments  of 
horse.  The  new  levys  are  almost  compleat  except  it  be  Grants 
regiment,  and  they  are  now  recruiting  the  old  cores  to  the  number  of 


30O  RECORDS   OF   THE   COUNTY  OF   BANFF. 

ffyfty  each  company.  We  are  to  have  three  regiments  from  ffianders, 
and  three  more  comes  from  Ir — nd.  Wee  have  two  regiments  of  foot, 
two  of  dragoons,  and  one  of  the  regiments  from  Ir — nd  is  already 
landed.  A  regiment  of  horse  from  Ir — nd  is  also  already  landed  in 
England.  The  Dutch  have  their  six  thousand  men  which  they  are 
obliedged  by  the  Treaty  of  Guarantee  ready,  as  also  the  transports  for 
them.  They  have  also  marched  down  to  the  shoar  the  five  Eng — sh 
battalions  in  their  service,  so  that  if  the  invasion  goes  on,  all  these  will 
come  immediatly.  The  F — ch  Ref — ees  at  London  offer  likewayes  to 
raise  ten  thousand  men  for  K :  G  :,  and  they  are  in  several  places  in 
E — nd  preparing  to  make  the  Militia  as  useful  as  they  can ;  and  in  the 
southern  and  western  countyes  of  Sco — d  they  are  arming  and 
mustering  for  K :  G  :  This  is  all  is  said  on  this  side.  On  the  other 
hand  it  is  said  that,  if  the  P — cr  does  come,  he  will  bring  great  force 
from  abroad,  especially  of  the  disbanded  E — sh,  Sc — ts  and  Irish  that 
were  in  the  K.  of  ff— cc  his  service ;  that  the  D — ke  of  Or — nd  is  gone 
over  who  is  very  popular,  and  that  ther  is  a  very  powerfull  discontented 
part)- ;  so  what  will  be  the  event  God  only  knowes.  Only  one  thing  is 
certain,  that,  if  ther  is  an  invasion,  ther  is  like  to  be  great  bloodshed  and 
a  severe  civil  war.  If  I  hade  my  affairs  over  and  ther  be  no  appearance 
of  immediat  trouble,  I  will  come  home  very  soon ;  if  not  you  shal  be 
acquainted  what  resolution  I  take. 

I  perceive  that  it  is  reported  in  the  north  that  I  came  south  upon 
the  reports  were  then  of  an  invasion.  You  may  let  every  body  that 
speaks  to  you  of  this  know  the  contrary.  I  hade  bussiness  with  E.  of 
Kinnoul,  and  the  selling  of  my  sones  signature  and  the  doing  of  my 
private  affairs  here  made  my  coming  here  necessary.  Take  all  possible 
care  of  what  concerns  me,  and  it  will  be  very  proper  that  you  be  not 
out  of  the  countrey  that  you  may  speak  discreitly ;  and  likewayes  take 
notice  of  whatever  happens,  and  if  I  do  receive  damage  I  will  be  glade 
to  know  from  whom. 

If  ther  be  any  inserrection  or  invasion  be  sure  to  run  an  express  to 
Aberdein  with  the  accounts  of  it,  and  write  to  the  Postmaster  to 
transmitt  it  to  me  with  all  diligence. 


MEASURES   TAKEN    AGAINST   THREATENED   JACOBITE    RISING.       3<3l 

From  the  Earl  of  Findlater. 

Edenbrugh,  Aug:   10   1715. 

I  wrote  to  you  a  full  letter  qch  will  come  to  your  hand  by  Bruice  the 
footman,  and  therfor  I  neid  to  add  very  litle  now,  only  the  reports  this 
day  increasce  again  of  the  preparations  for  the  invasion,  particularly  at 
Haver  de  grace;  and  Sir  Geo:  Bing  is  sailed  with  the  fleet  to  cruise. 
But  these  preparations  on  this  syde  are  chiefly  in  E — nd,  and  they 
resolve  to  keep  their  forces  togeither  till  they  see  where  the  invasion 
happens.  It  is  said  the  D — ke  of  Athole  gives  frequent  assurances  to 
K :  G :,  and  the  D — ke  of  Ar — le  has  also  some  officers  mustering  his 
men,  and  in  this  countrey  circular  letters  and  associations  are  going  on 
for  K :  G  :.  ffor  my  own  part  I  live  peaceably,  and  it  is  my  command 
that  my  people  do  so,  excepting  that  ther  ought  to  be  some  gaurd 
against  loose  H — ders.  The  servants  ought  all  to  ly  in  the  house, 
particularly  Ja :  Lorimer,  and  they  should  have  some  arms  in  readiness, 
if  it  were  to  procure  but  a  capitulation.  Ja :  Wilkie  will  be  a  ntt  man 
to  go  in  to  my  house  in  case  of  apparent  danger,  and  the  door  to  the 
garden  and  back  gate  from  the  closs  should  be  barocaded  with  stones, 
and  good  houres  keept  for  shutting  up  the  gate  ever)-  night.  You  may 
give  my  service  to  Sir  Ja  :  Abercromby  and  Sir  James  Dunbar.  If  they 
take  any  rash  course  I  expect  their  friendship,  or  else  they  neid  think 
of  none  from  me  or  my  family.  Auchintoul  has  frequently  said  that  he 
would  be  very  friendly.  I  know  Coxston  will.  You  know  the  friendship 
I  hade  from  his  ffather.  Letterfury,  Bogs  and  Tanachy  will  also  be 
friendly,  and  if  any  of  the  ffindochtys  should  stir  they  will  do  what 
they  can ;  and  I  really  think  all  my  nighbours  will  be  civil,  and  the 
family  of  B — nde  can  never  expect  a  six  pence  from  me  if  they  do  my 
land  any  injury. 

Youll  take  care  that  the  inclosed  be  sent  to  the  Provost '  of  Bamfe. 

ARREST  OF  LORD  DESKFORD. 

Findlater's  anticipations  were  correct.  The  Marquis  of  Huntly, 
Sir  James  Dunbar  of  Burn,  Sir  James  Abercromby  of  Birkenbog, 
Major  General  Alexander  Gordon  of  Auchintoul,  Innes  of  Coxton, 
James  Gordon  of  Letterfurie,  Steuart  of  Tannachy,  George  Gordon  of 
Buckie,  John  Gordon  of  Glenbuckett  James  Ogilvie  yr  of  Boyne, 
George  Gordon  of  Carnousie,  Charles  Hay  of  Rannas,  Alexander  Gordon 

'  John  Mark,  Sheriff  depute. 


302  RECORDS  OF  THE  COUNTY  of  BANFF. 

of  Glengerrock,  John  Gordon  of  Auchyndachy  and  many  others  were 
all  "  out."  Soon  the  Earl  of  Findlater  was  to  receive  a  stroke  in  the 
arrest  of  his  son,  Lord  Deskford,  on  trivial  grounds ;  while  his  own 
interest  with  the  Hanoverian  government  sank  so  low,  that  he  was 
superseded  in  Banffshire  by  young  Grant  of  Grant. 

To  Mr.  William    Lorimer,  Factor  to  the  Earl  of   Findlater,  at 
Cullen.      By  Aberdein  by  Bamfe. 

Edinbrugh,  Aug:     24th  1715. 
WILLIAM, 

I  caused  J :  L :  acquaint  you  that  I  hade  thoughts  of 
coming  north,  but  now  ther  are  accounts  that  the  preparations  for  the 
invasion  are  going  on,  and  it  is  thought  that  it  will  come  on  speedily. 
Yesterday  when  I  was  at  dinner,  and  my  sone  with  me,  General 
Wightman  came  to  my  house  and  asked  likevvayes  to  see  my  sone, 
having  heard  he  was  at  dinner  with  me.  He  told  that  he  was  sorry 
to  tell  us  that  he  had  orders  to  make  my  sone  Deskfoord  prisoner,  and 
secure  him  in  the  Castle.  The  order  is  signed  by  my  Lord  Townsend, 
the  Secretary,  upon  suspition  of  disloyall  practises.  Accordingly  my 
sone  was  carryed  and  committed  prisoner  to  the  Castle.  He  bears  his 
misfortune  with  a  great  dale  of  patience.  I  think  it  proper  that  it  be 
known,  our  nighbours  will  [know]  what  circumstances  wee  are  in  as 
well  as  themselves.  I  dare  not  offer  to  remove  from  this,  least  it  should 
be  my  own  fate,  which  has  bein  talked  of  for  some  days,  but  not  to 
myself  by  any  in  authority.  Take  care  to  have  some  competent  gaurd 
ready  for  my  house ;  and  I  think  my  own  cattle  should  be  driven  of 
some  way  in  case  of  an  immediat  danger,  but  not  otherwayes.  The  E : 
of  Mar  is  in  the  Highlands ;  I  know  not  what  part  he  may  act.  Do 
your  best,  and  I  must  trust  to  God  and  Providence.  The  Laird  of 
Grant  is  made  Lord  Livetennant  of  Bamfeshyre ;  his  commission  is 
passing  the  sealls,  which  may  be  a  further  evidence  to  you  in  what 
condition  I  am  in. 

On  igth  August,  Brigadier-General  Alexander  Grant  of  Grant 
received  a  commission  as  Lord  Lieutenant  of  the  Counties  of  Banff1 
and  Inverness.  On  25th  August,  he  received  instructions  as  to  the 
appointment  of  Deputy  Lieutenants,  who  were  to  be  well  affected 
towards  the  Government  and  Protestant,  and  also  as  to  the  calling  out 

1  "The  Chiefs  of  Grant,"  Vol.  I.,  p.  356. 


DECLARATION  BY  LORD  DESKFORD.  303 

of  such  fencible  men  as  were  similarly  well  effected,  and  could  be 
conveniently  assembled.  The  Deputy  Lieutenants  appointed  for 
Banffshire  included  Alexander  Garden  of  Troup,  elder  and  younger, 
Captain  Alexander  Abercromby  of  Glassaugh,  M.P.  for  the  county, 
and  Thomas  Grant  of  Achoynanie. 

Next  letter  and  declaration,  both  in  Lord  Deskford's  handwriting, 
give  an  account  of  the  flimsy  cause  of  his  arrest.  To  deliver  to  his 
father-in-law,  Lord  Kinnoul,  in  February  1715,  a  letter  in  French  from 
Kinnoul's  sister  in  France  on  family  affairs,  was  enough  to  lay  him  bv 
the  heels,  so  that  the  Hanoverian  Elector,  King  George,  not  yet  warm 
on  his  new  throne,  worked  by  his  German  adviser,  Bothmer,  might 
exercise  the  kingly  prerogative  of  clemency,  and  by  gratitude,  after  a 
course  of  fear,  bind  Findlater  more  effectively  to  his  cause. 

To  Wm.  Lorimer,  Chamberlan  to  the  Earl  of  Findlater,  at 
Dytach,  near  Banf. 

Edr.  Castle,  August  28th  1715. 
SIR, 

I  believe  you  will  be  pretty  much  surpris'd  to  hear  that  I 
am  prisoner  here,  but  you  need  not  be  in  any  manner  of  concern,  for  I 
think  I  can  safely  assure  that  neither  my  father  nor  I  nor  the  family 
can  possibly  suffer  any  thing  by  my  being  here,  seeing  I  can  defy  the 
utmost  malice  in  that  matter.  You  may  possibly  make  some  advantage 
of  it  in  your  country  and  circumstances.  It  seems  the  proverb  is  true 

that   Rogues   may  be  among  the  Whigs My  affectionate 

service  to  all  our  friends  and  neighbours.  It  is  the  tennents  interest 
and  mine  both,  that  they  they  shou'd  not  be  much  in  arrear  at  this 
time.  My  father  is  extraordinary  kind  to  me  on  this  occasion. 

In  hast.     Adieu. 

Edr.  Castle,  ist  Sept.  (1715). 

James  Ld.  Deskfoord  you  are  desired  to  give  an  ingenuous  and 
distinct  answer  to  the  following  question. 

From  whom  was  the  letter  deliver'd  to  the  Earl  of  Kinoul,  what 
were  the  contents  of  it,  and  how  came  it  into  your  hands. 

I,  James  L:  D  :  doe  most  sincerely  declare  that  I  never  deliver'd  any 
letter  to  L  :  K :  save  what  was  to  the  best  of  my  memory  entirely 
about  privat  busines,  and  that  these  letters  were  from  the  E.  of  F.  my 


RECORDS  OF  THE  COUNTY  OF  BANFF. 

father,  save  one  from  a  sister  of  the  late  Earl  of  Kinoul,  who,  as  I 
believe,  is  now  in  France.  This  letter  was  sent  to  me,  in  the  midle  of 
January  last,  the  morning  that  I  came  from  London,  while  I  was  in  a 
hurry  preparing  for  my  journey,  by  Mr.  James  Gray,  Resident  for  the 
Scotch  Episcopal  Clergy.  I  deliver'd  to  L :  K :  on  the  3d.  of  February 
at  Dupplin.  It  being  in  Frence,  he  caus'd  his  son  Coll :  Hay  read  it 
and  explain  it  to  him.  I  heard  it  read,  and  the  only  intent  and  subject 
of  it  was  concerning  a  claim  that  lady  had  on  her  brother,  which  this 
Ld.  Kinoul  said  he  was  not  at  all  oblig'd  to  pay.  I  doe  most  sincerely 
declare  I  doe  not  at  all  know,  nor  can  I  guess  how  this  letter  came  from 
France,  and  that  I  had  never  been  at  the  pains  to  consider  whether  it 
had  come  by  the  post  or  not  till  yesternight.  I  read  all  the  letters  I  ever 
deliver'd  from  my  father  to  E :  K :,  and  they  were  solely  about  privat 
affairs. 

LIBERATION  OF  LORD  DESKFORD. 

a  Londres  ce  3me  Sept.  1715. 
MY  LORD, 

J'ay  appris  avec  un  extreme  regret,  par  1'honneur  de  vostre 
lettre  du  25me  du  mois  passe,  the  malheur  que  Myl.  Deskford,  vostre 
his,  a  eu  d'estre  arrete ;  j'ay  este  en  meme  terns  penestre  de 
reconnaissance  de  la  confiance  dont  vous  m'avez  honor6  en  cette 
occasion,  pour  y  repondre  selon  mon  devoirs.  Je  me  suis  applique  avec 
plaisir  pour  appuier  vos  desirs  touchant  la  delivrance  de  Mr  vostre  fils, 
et  je  suis  ravis  que  les  ordres  ont  este  donne  pour  cela.  Le  Roy  a  une 
entiere  confiance  en  vostre  zele  pour  son  service,  et  ne  doute  pas  que 
Mr.  vostre  fils  en  ay  les  memes  sentiments  pour  luy.  II  m'a  fait 
1'honneur  de  m'ecrire  par  le  meme  post ;  le  terns  ne  me  permet  pas  de 
luy  repondre  dont  je  vous  prie  de  luy  faire  mes  excuses,  et  d'estre 
persuade  tous  deux,  qu'on  ne  [peut]  estre  avec  un  attachement  plus 
parfait  que  je  suis. 

My  Lord, 

Vostre  tres  humble  et  tres  obeissant  servitr, 

BOTHMER. 


LIBERATION    OF   LORD    DESKFORD.  305 

For  Mr.  William  Lorimer,  Chamberlane  to  the  Right  Honble 
the  Earle  of  ffindlater  at  Cullen,  Banffshyre. 

Edr  Sepf  3d  1715. 
D.  C.' 

I  have  not  troubled  you  this  good  while  by  past,  knowing 
that  John  Lorimer  writes  you  the  occurrances  here  from  time  to  time, 
which  have  been  very  surprysing,  but  I  hope  now  all  our  fears  are  over. 
The  ffrench  Kings  death  will  make  a  great  alteration,  for  the  Regent  of 
ffrance  is  entirely  in  K.  George  interest.  I  hope  in  few  dayes  my  Lord 
Deskford  will  be  sett  at  liberty.  Wee  hear  the  E.  of  Marr  is  at 
Braemarr,  and  it's  very  confidently  said  that  he  is  conveening  the 
Highlanders  to  disturbance  ;  but  I  hope  his  projects  will  be 

disappointed,  and  I  cannot  beleeve  he  will  be  so  foolish. 

Written  on  the  same  paper  the  letter,  four  days  later,  continues : — 

Septr  7th  1715. 

My  Lord  Deskford  is  now  sett  at  liberty  upon  bail  for  his  good 
behaviour  and  appearance  when  called.  My  Lord  fforgline  and  I  are 
his  bail  upon  a  penalty  of  500  lit}  ster.  Wee  need  not  bee  under  great 
apprehensions  of  forfeiting  it. 

I  beleeve  Deskford  will  scarcely  come  north  this  winter.  My  reason 
for  thinking  so  is  that  just  now  he  appears  very  ffond  of  takeing  a 
countrey  house,  and  if  he  be  once  engaged  in  some  convenient  place 
it's  not  improbable  but  he  may  stay  here  all  the  winter.  My  Lord 
ffindlater  thinks  of  takeing  journey  to  Cullen  next  week,  if  no  inter- 
veening  news  hinder  him  ;  but  till  you  get  certain  advyce  needs  not  be 
preparing  any  thing  for  him.  I  wish  you  a  good  harvest,  for  here  wee 
have  it  very  seasonable  at  present,  and  the  people  are  very  bussy 
takeing  in  there  corns.  There  has  not  been  a  better  cropt  here  these 
many  years  past.  If  you  gett  so  much  spare  time  before  my  Lord 
comes  north,  it's  yor  interest  to  have  yor  two  years  accots  ready,  and 
make  a  list  of  the  outstanding  arrears.  I  offer  my  humble  duty  to 
my  mother  and  all  friends. 

I  am,  D.  C., 

Yors  Jo.  P—      — 2 

'  Dear  Cousin. 

2  John  Philp,  formerly  Fincllater's  private  secretary,  and  now  Deputy  Auditor  of  Exchequer. 

O  2 


306  RECORDS   OF   THE    COUNTY   OF    BANFF. 

From  William  Lorimer,  Cullen. 
For  the  Right  Honourable  My  Lord  Deskfoord  at  Edgr. 

MY  LORD, 

Your  Lops  imprisonment  was  ground  of  admiration  and 
surprise  to  all  in  this  countrey.  Your  friends  and  servants  have  no  fear 
of  the  consequences,  knowing  3-011  r  inocencie ;  but  some  people  take  it 
in  another  sense,  and  say  you  have  been  well  moyened  to  gett  in  yr. 
I  fear  it  will  not  have  the  effect  you  write  off  in  this  countrey  in  case 
the  occasion  happen.  God  preserv  and  support  you  under  this 
missfortune.  All  things  here  are  in  the  former  manner.  Wee  enjoye 
peace  but  fear  warr.  Wee  have  a  good  harvest  and  a  most  plentifull 
crop.  Business  is  dull,  and  money  is  scarce.  Sickness  continues,  and 
many  people  are  dead  since  you  left  the  countrey.  ...  I  have  writt 
more  full3T  to  a  friend  about  business  here.  God  bless  3'ou  with  health. 
Hope  well.  There  will  be  no  fear. 
Sepr  5/1715- 

From   Lord  Deskford. 

To   Mr.  William   Lorimer,  Chamberlan  to  the  Earl  of  Findlater 

at  Cullen,  Abd. 

Edr  Septr  yth  1715. 

SIR, 

On  Thursday  last  I  was  let  out  of  the  Castle  on  bail.     Ld 

Forglen  and  J.  P.  were  my  cautioners.  The  summ  was  500  pounds 
sterling.  Mr.  Lockart  was  let  out  the  same  day.  His  summ  was  only 
6000  merks  Scotch.  It  appears  they  had  nothing  to  say  against 
me  save  a  very  innocent  letter  which  I  happen'd  to  carry.  This  I  tell 
for  3-our  satisfaction.  Let  3-our  country  people  think  what  they  pleas. 

People  generally  believe  ther  will  be  no  trouble  this  year,  tho  some 
appear  still  of  another  mind,  as  I  imagine  on  litle  ground,  save  that 
the  present  publick  proceedings  may  perhaps  render  some  desperate. 
I  hope  by  this  time  all  013'  infeftments  are  over,  and  the  seasins 
registrate.  I  heartily  wish  that  none  of  our  neighbours  or  friends  may 
doe  any  foolish  or  rash  things,  for  I  believe  the  W.  are  pretty  severe  in 
their  inclinations.  I  am  uncertain  when  I  shal  be  north  on  many 
accounts.  I  have  some  thoughts  of  staying  at  least  a  month  or  two  at 
a  litle  house  at  Inverask.  Let  me  hear  what  is  done  in  my  busines, 


LIBERATION   OF   LORD   DESKFORD.  307 

and  the  news  of  the  country,  when  you  find  a  good  occasion  to  send 
'em.  My  brother  is  well  at  Dalkeith.  My  sister  recovers  excellently 
since  she  was  brought  to  bed  of  a  daughter.  Let  G.  M.  send  what 
money  rent  he  has  got.  I  long  to  be  with  you  in  peace  and 
tranquillity.  Adieu. 

Letter  from  J.  Stanhope,  Secretary  of  State. 

Whitehall  Sepf  8th  1715. 
MY  LORD, 

I  am  honoured  with  your  Lops,  of  the  first  inst,  and  with 
one  from  your  son,  my  Lord  Deskford,  of  the  same  date,  which  I  shall 
take  the  first  opportunity  to  lay  before  his  Ma%  that  so  he  may  be  fully 
acquainted  with  the  sense  you  both  have  of  the  favour  he  has  ordered 
to  be  showen  to  my  Lord  Deskford;  and  I  am  confident  his  Ma'y  is 
already  entirely  satisfied  of  his  Lops,  innocency,  whose  character  is 
such  as  will  easily  engage  all  here  to  a  belief  of  the  sincerity  of  the 
declaration  which  he  has  made,  and  which  my  Lord  Justice  Clerk  has 
transmitted.  As  I  think  it  needles  to  trouble  my  Lord  Ueskford, 
having  nothing  to  write  but  what  is  in  this,  I  shall  beg  the  favour  of 
your  Lop.  to  make  my  complements  to  him,  and  to  beleive  that  I  shall 
verry  gladly  embrace  any  occasion  of  doing  either  your  Lop.  or  him 
justice  or  service,  as  I  am  with  great  truth, 

My  Lord, 

Yr  LPPS  most  humble  and  most  obedient  servant, 
E.  ffindlater.  JAMES  STANHOPE. 

For  William  Lorimer. 

Edr  Sepf  gth  1715. 
SIR, 

My  imprisonment  was  indeed  extremly  surprizing,  and  I  was 

like  to  have  kept  health  very  ill  if  I  had  staid  long  in  the  Castle,  so  that 
my  liberation  came  very  seasonably.  I  was  severall  times  examin'd 
before  I  was  set  at  liberty.  J.  L.  can  tell  you  on  what  subject,  and 
what  my  answers  were.  I  am  very  sure  they  had  nothing  to  say 
against  me;  and  my  confinement,  as  I  imagine,  was  occasion'd  by  some 
malice  at  L.  K.1  and  my  father.  I  am  on  bail  for  good  behaviour,  and  to 
appear  if  call'd  before  the  Lds  of  Justiciary. 

1  Lord    Kinnoul. 


308  RECORDS  OF  THE  COUNTY  OF  BANFF. 

It  was  generally  thought  that  the  K.  of  France's  death  had  put  an 
end  to  all  thoughts  of  an  invasion,  but  now  it  appears  both  partys  are 
of  another  mind.  I  pray  God  Allmighty  preserv  our  country,  for  civil 
war  and  confusion  are  very  terrible ;  and  I  was  allways  one  that  lov'd 
and  wish'd  for  peace,  the  greatest  blessing  any  country  can  have.  I 
wish  all  our  people  may  keep  as  inoffensive  as  the  safety  of  the  country 
can  allow,  and  give  as  litle  offence  to  your  neighbours  as  possible,  tho 
none  can  take  it  amiss  that  you  doe  what  is  in  your  power  for  the 
defence  of  your  houses  and  goods.  My  father  has  writen  so  fully  on 
this  subject  that  it  is  needless  for  me  to  enlarge,  only  that  I  put  all  my 
people  under  your  authority  as  much  as  he  does  his,  trusting  that  you 
will  take  the  most  prudent  methods  that  are  possible  in  obedience  to 
his  commands.  I  wish  all  our  neighbours  as  well  as  dependers  may 
preserve  themselves  from  rash  courses,  for  the  present  Ministry  is  like 
to  be  extraordinary  severe  on  the  opposers  of  the  Government.  .  .  . 
Your  affectionate  and  assured  friend, 

DESKFORD. 
RENDEZVOUS  OF  THE  MEN  OF  THE  FOREST  OF  BOYNE. 

The  clans  were  gathering  at  Gordon  Castle.  On  nth  September 
the  Town  Council  of  Cullen  paid  123.  Sc.  to  an  express  in  the  night 
time  to  Fochabers  to  know  if  the  Clan  Chattan  were  there.  On 
i4th  September  8s.  Sc.  were  given  to  another  express  to  Fochabers  to 
learn  when  the  Earl  of  Huntly  was  to  march. 

That  stormy  petrel  of  early  Jacobite  risings,  James  Ogilvie  of  Boyne, 
was  to  the  fore  ordering  a  rendezvous  of  the  men  of  the  Forest  of 
Boyne,  a  property  holden  by  the  Earl  of  Findlater  of  the  Marquis 
of  Huntly  as  superior. 

For  William  Lorimer,  Chamberland  to  the  Earle  of  Findlator. 
SIR, 

I  wrote  to  you  this  day,  but  mist  you,  so  I  leave  this  to  let  you 
knou  that  I  have  orders  from  the  Marquise  of  Huntly  to  randevouse 
all  the  men  of  the  Forrest  of  Boyn,  and  chuse  shuch  as  are  fitt  to  goe 
to  serve  the  King.  Therfore  I  desire  you  may  intimat  tomorrow  to  all 
the  men,  gentlemen  and  others,  that  belonge  to  the  Earle  of  Findlator 
in  the  forrest  lands,  to  attend  me  at  Neu  Milnes  of  Boyn  on  Munday 
next  by  twelve  acloak  with  ther  best  cloaths  and  arms  and  horses,  there 
to  be  randevoused  by  me  conform  to  order,  where  I  expect  you  will  be 
present,  that  I  may  doe  by  yr  advice  what  is  most  convenient  for  the 
Earle  of  Findlators  intrest,  so  far  as  consists  with  my  orders.  This  I 


CONDITION    OF    BANFFSHIRE    IN    SEPTEMBER,    1715.  309 

expect  you  will  be  punctuall  in,  or  the  people  most  be  at  their  perrol,  as 
my  order  leads  me.     I  am  Your  humble  servant, 

Boyn  Sep.  24  1715.  JAMES  OGILVIE. 

CONDITION  OF  THE  COUNTY  IN  SEPTEMBER,  1715. 

On  26th  September  the  Town  Council  of  Banff  find  that  the  country 
seems  to  be  in  ane  loose  condition,  and  that  desolutc  and  stragling 
people  may  be  running  through  the  countrie  and  may  at  unavarse 
assault  the  town,  and  do  prejudice  to  the  burgh  and  inhabitants  thereof 
in  the  night  time,  therefore  do  ordain  and  appoint  ane  nightly  guard 
to  consist  of  twenty  fencible  men  sufficiently  accutered  with  ane  gun 
and  amunition  conforme,  and  ane  sword,  to  defend  the  Burgh  per  vices 
once  in  the  week,  and  appoints  Captains  James  Wood  and  seven  others 
to  whom  is  allowed  20  men  besyde  the  captaine  to  keep  strick  order  and 
true  guarding,  as  they  will  be  answerable.  But  it  is  not  in  these  minutes 
or  those  of  the  County  that  the  fullest  account  of  the  state  of  the 
country  is  found;  for  these  minutes  were  drawn  with  brevity  and  caution. 

The  strength  of  the  Hanoverian  position  was  very  much  in  the 
Presbyterian  ministers  of  the  county.  Since  1689  most  of  the  old 
Episcopalian  clergymen  had  been  deprived  or  had  died  out,  and  had 
been  largely  replaced  by  Whig  Covenanters  from  the  south,  who  held 
strongly  to  the  doctrine  of  a  Protestant  succession  to  the  Crown. 
In  the  Kirk  Session  and  Presbytery  records  may  be  found  more 
picturesque  and  biassed  detail  of  the  Jacobite  initial  success  and  final 
failure.  At  the  same  time  the  County  and  Burgh  records  could  not 
remain  silent,  when  written  requisitions  for  men  and  money,  backed  by 
force,  were  made  by  the  triumphing  Jacobites.  At  Keith,  where  the 
church  collection  on  25th  September  was  only  js.  Sc.,  Mr.  John  Skinner, 
the  Whig  minister,  with  unctuous  Hanoverian  bias  recounts :  At 
this  time  the  country  was  in  great  disorder  by  a  most  unnatural 
rebellion,  begun  by  the  Earl  of  Mar,  and  carried  one  by  him  and 
the  rest  of  the  Popish  and  Jacobit  noblemen  and  gentlemen,  in 
order  as  they  thought  to  dethron  King  George,  and  set  the  Pretender, 
whom  they  call  K.  James,  upon  the  British  throne.  October  2nd. 
Collection  only  6s.  8d.  At  this  time  the  country  was  all  in  a 
consternation.  No  safety  was  to  goe  out  or  in  ;  for  this  day  the  Earl  of 
Huntly  began  his  march  to  the  rebells  army  with  his  cavalcade  of  horse. 
The  foot  being  to  march  to  Merins.  This  day,  immediately  after 
sermon,  the  writer,  Mr.  John  Skinner,  was  seized  by  a  party  of  Auchy- 
nachie's  men,  as  was  pretended  by  the  Earl  of  Huntly's  order,  and  very 
harshly  dealt  with,  and  the  school  much  broke. 


310  RECORDS  OF  THE  COUNTY  OF  BANFF. 

On  I2th  November,  the  day  before  the  Shirramuir,  when  we  ran 
and  they  ran  and  a'  ran  awa',  the  Magistratis  and  Counsell  of  Banff 
haveing  taken  to  their  serious  consideration  that  the  country  is  in 
disorder,  and  albeit  the  town  has  setled  posts  weiklie  to  and  from 
Aberdeen,  yet  they  judge  it  proper  and  convenient  there  be  an  weekly 
post  setled  and  appointed  to  go  and  returne  betwixt  Banff  and  Elgin 
weekly,  to  enter  to  goe  Munday  next  the  i4th  instant,  appoints  a  post 
for  that  effect,  and  appoints  ane  letter  to  be  written  to  John  Adam, 
postmaster  at  Elgen,  to  send  ane  account  of  the  country  occurrences 
and  current  news  of  any  matters  that  occurres,  and  another  letter  to 
Lachlan  Mclntosh,  merchant  in  Elgin,  for  that  samen  effect,  for  which 
they  arc  to  have  suitable  encouragement,  and  ordains  the  clerk  to  writt 
the  said  two  letters  which  the  Magistrals  are  to  subscryve.  Under 
date  I3th  November,  though  the  entry  \vas  made  later,  Mr.  John 
Skinner,  Keith,  gives  the  following  account  of  the  fight  at  Sheriffmuir, 
in  which  he  overstates  the  odds  against  King  George:  This  day  the 
rebells  having  marched  from  Perth  where  they  had  lyen  about  six 
weeks  were  mett  by  the  Duke  of  Argyle  with  only  3000  men,  whereas 
the  rebells  were  15000  strong,  upon  Sheriffmuir  near  Dumblain, 
when  about  two  o'clock  afternoon  they  had  a  hot  engagement  and 
severalls  killed  on  both  sides,  as  we  were  soon  after  informed  by  the 
numerous  runaways. 

MILITIA  OF  BANFFSHIKE  CALLED  OUT  BY  JACOBITES. 

Meantime  the  Jacobites  had  been  consolidating  their  hold  on  the 
north,  including  the  Count}1  of  Banff,  in  which,  from  September  1715 
to  February  1716,  they  held  exclusive  sway.  The  following  proclamation 
and  subsequent  minutes  of  the  Town  Council  of  Banff  and  of  the 
Commissioners  of  Supply  of  the  County  show  that  the  Militia  of  the 
shire  was  called  out,  and  that  the  land  tax  was  levied  and  collected  by 
the  Jacobites,  a  double  tax  being  imposed  on  those  who  would  not  serve. 

Letter  from  John  Earle  of   Mar,  etc.,  Comander  in  cheife  of  his 
Maties  forces  in  Scotland. 

Our  Soveragne  Lord  James  the  eight  haveing  bein  pleased  to  intrust 
me  with  the  directione  of  his  affaires  and  the  comand  of  his  forces  in 
Scotland,  and  it  being  absolutely  necessar  to  raise  money  for  their 
support  and  maintenance  :  These  are  therefore  in  his  Maties  name 
requyreing  and  comanding  that  all  men  betwixt  sixtie  and  sixtein  of  age 
within  the  shyre  of  Banff  doe  furthwith  repaire  to  the  camp  at  Pearth, 
or  where  the  armie  shall  be  for  the  tym,  with  their  best  cloathes  horses 


MILITIA    CALLED    OUT,    AND    CESS    LEVIED.  311 

and  airmes  and  fourtie  dayes  provisione  or  loan  at  six  shillings  Scots 
a  day,  or  utherwayes  that  every  heretor  fewer  or  wodsetter  now 
attending  the  Kings  standart,  and  such  heretors  as  are  or  may  be 
excused  or  their  factors  or  doers  in  their  absence  and  lykewayes  all 
liferenters  doe  imediatlie  proportione  and  raise  money  among  the 
tennents  and  possessors  of  their  respective  estates  and  lyfrent  lands  sex 
monthes  cess,  and  that  such  heretors  who  doe  not  presentlie  nor  shall 
not  betuixt  and  the  fyfteinth  day  of  November  nixt  attend  the  Kinges 
standart,  if  not  excused  by  me,  shall  imediatly  proportione  and  raise 
among  the  tennents  and  possessors  of  their  respective  estates  tuelve 
monethes  cess,  the  which  several  proportiones  according  to  the 
respective  caices  forsd  is  directed  to  be  payed  by  even-  heretor  fewer 
wodsetter  and  lyfrenter  to  George  Gordon  of  Cnrno\vsie  collector 
appoynted  for  that  end  at  the  Burgh  of  Banff,  on  or  before  the 
fyfteinth  day  of  Novr,  with  certificatione  that  parties  will  be  sent  out  to 
quarter  upon  deficients. 

Measures  of  relief  detailed,  and  directions  for  publication  at  the 
cross  of  Banff,  and  in  the  respective  parish  kirks  within  the  shire  given. 

Given  at  the  camp  at  Pearthe  the  twantie  seavinth  day  of  October 
one  thousand  seavin  hundreth  and  fyftein  yeires.  Sic  subscribitur, 

MAR. 

The  above  intimation  was  duly  made  throughout  the  county  on 
Sunday  I3th  November  1715,  the  day  of  Sheriffmuir;  and  all  concerned 
were  warned  to  pay  in  their  cess  "  for  sex  and  tualve  monethes  at  the 
rate  of  nync  poundes  and  nyntein  shillinges  Scots  money  upon  each 
hundreth  pound  valued  rent  to  Jon  Donaldsone,  writter  in  Turreff," 
factor  for  the  Collector,  Gordon  of  Carnousie,  the  Jacobite  son  of  an 
Orange  father.  After  the  Shirramuir,  Argyle  retired  to  Stirling  and 
Mar  to  Perth,  and  stalemate  continued  for  some  time,  but  with  Argyle's 
army  increasing  and  Mar's  diminishing. 

On  iyth  December,  the  Magistrates  and  Council  of  Banff  having 
considered  an  order  by  the  Earl  of  Mar  ordering  them  to  levy  from  the 
Burgh  six  months  cess,  amounting  to  £12  stg.,  though  Braco  offered  to 
advance  the  money,  meantime  borrow  from  the  Kirk  Treasurer ;  and 
order  George  Stewart,  Collector,  to  repair  with  it  to  Fochabers,  and 
pay  it  to  Col.  John  Gordon  of  Glenbucket,  as  having  warrant  from  the 
Earl  of  Mar.  But  the  game  was  up,  and  Jacobite  incompetence  in  the 
supreme  direction  of  affairs  had  its  inevitable  result. 

The  Keith  Kirk  Session  records  of  December  18  and  later  continue 


312  RECORDS  OF  THE  COUNTY  OF  BANFF. 

the  Banffshire  story  of  Jacobite  dissolution  and  defeat : — This  day  the 
Earl  of  Huntly  immediately  after  sermon  passed  through  Keith  on  his 
return  very  disheartened  like.  Upon  Thursday  being  the  22nd  this  week, 
about  sixty  or  more  of  the  Strathdone  rebells,  headed  by  Black  Joke 
alias  John  Forbes,  and  Sclater  Forbes  came  and  lay  in  town  about  a 
week,  where  they  committed  unheard  of  insolencies,  robbed  the  school 
chamber  and  carried  off  many  things,  as  did  afterwards  about  the 
beginning  of  the  year  Glenbuckets  men,  who  were  also  monsters  of 
wickedness.  From  the  said  i8th  of  December  1715  to  the  I2th  of 
February  1716  there  was  no  peace  to  goe  out  or  in,  by  reason  of 
intestine  troubles  and  the  marches  and  counter  marches  of  the  rebells; 
and  likewise  Jacobites  in  the  parish  with  the  said  thievish  garrison  put 
in  the  scandalous  trumpeter  of  rebellion  Mr.  James  Sibbald1  into 
the  church.  .  .  .  Thus  the  year  ended  and  the  next  began  with 
abundance  of  trouble,  robberie,  and  oppression. 

The  ostensible  reason  of  Huntly's  return  north  was  the  capture 
of  Inverness  from  the  Jacobites  by  Lord  Lovat,  Culloden,  and  Captain 
George  Grant  of  Grant.  Huntly  and  Seaforth  maintained  that  it  was 
their  duty  to  cover  their  own  country,  though  it  is  probable  that  they 
were  convinced  that  under  Mar  the  rising  had  no  chance  of  success. 
Meantime  one  ray  of  hope  shone  out  in  the  Jacobite  horizon.  The 
Old  Chevalier  landed  at  Peterhead  on  22nd  December  1715.  He 
proceeded  south  to  Perth,  and  was  crowned  at  Scone  on  23rd  January 
1716.  On  Argyle's  advance  on  Perth,  the  solitary  ray  of  hope  was 
extinguished,  for  the  Jacobites  retreated  northward  on  3Oth  January. 
At  Montrose  the  Chevalier,  Mar  and  others  embarked  for  France  on 
4th  February,  and  Major  General  Alexander  Gordon  of  Auchintoul  was 
left  in  command  of  a  retreating,  dispirited  and  deserted  army. 
JACOBITE  RENDEZVOUS  AT  GALLOWHILL  OF  BANFF. 

One  late  flicker  of  the  rising  in  Banffshire  was  the  ineffectual  call  by 
young  Boyne  on  the  inhabitants  of  Banff,  to  rendezvous  at  the 
Gallowhill  of  Banff  on  Thursday,  gth  February  1716.  That  day  the 
Jacobites  in  full  retreat  from  Aberdeen  reached  Keith  from  Strathbogie. 
Thence  the  clans  retreated  by  Mortlach,  Glenrinnes,  Glenlivet  and 
Strathdoun  to  Badenoch,2  where  they  refreshed  themselves  three  or 
four  days  and  dispersed. 

All  noblemen  barrens  heretors  fewers  wadsetters  tennants  burgeses 
and  all  others  the  fencible  men  within  the  said  town  and  parish  of 
Bamff  to  meet  and  conveen  att  the  Gallowhill  of  Bamff  upon  Thursday 

1  Episcopalian  clergyman. 

"'The  Chiefs  of  Grant,"  Vol.  II.,  p.  103. 


ORDER   TO    GARRISON    THE    HOUSE    OF    BOYNE.  313 

next  the  ninth  day  of  February  current,  bringing  with  them  their  best 
horses,  arms,  and  accuttraments  against  the  hour  of  eleaven  acloack  the 
sd  day,  and  that  all  noblemen  barrens  heretors  fewers  and  wadsetters 
doe  make  up  effectuall  lists  of  all  their  tennants  and  fencible  men 
within  the  said  toun  and  parish  of  Bamff  to  be  given  to  us  the  sd  day 
before  the  rendewozes,  to  the  effect  punctuall  obedience  may  be  given  to 
his  Majesties  commands  in  the  terms  of  and  conforme  to  our  said 
commission,  they  shall  be  proceeded  against  with  the  utmost  severity. 
Given  at  Whythills  the  fourth  day  of  '  February  1716,  and  of  his 
Majesties  reign  the  fifteenth  year.  JAMES  OGILVIE. 

JAMES  GORDON. 

The  Keith  chronicler,  after  stating  that  on  I2th  February  the  kirk 
collection  was  only  7s.  Sc.,  ends : — Upon  Thursday  night  the  gth 
this  week  the  rebell  army  consisting  of  about  4000  quartered  in  this 
parish,  and  did  a  world  of  mischief  by  robbing,  plundering,  etc.  They 
were  flying  from  the  brave  Duke  of  Argile  and  King  George's  army. 
Feby  19  Collection  aos.  At  this  time  the  King's  forces  having 
come  up,  our  Jacobit  party  became  calm,  and  our  meeting  house  was 
given  up,  Mr.  Sibbald  being  loathed. 

Argyle  reached  Aberdeen  on  7th  February,  but  personally  did  not 
advance  further  into  the  Highlands.  On  nth  February  Gordon 
Castle  was  occupied  by  Lieut. -Colonel  William  Grant  of  Ballindalloch. 
Colonel  Grant  had  previously  taken  over  Balvenie  Castle  from  Duff  of 
Bracco,1  and  garrisoned  it  against  the  rebels.  Meantime  Brigadier 
General  Grant  was,  on  I4th  February,  directed  by  Argyle  at 
Aberdeen  to  proceed  north  to  search  for  rebels,  and  to  disarm  all 
disaffected  who  had  been  in  the  rebellion.  He  accordingly  garrisoned 
Brahan  Castle  in  Ross,  and  Erchless  Castle  and  Borlum  in  Inverness- 
shire;  and  the  following  order  for  the  occupation  of  Boyne  Castle  shows 
that  he  was  also  active  in  Banffshire.  On  6th  March  he  was  at 
Strathbogie,  and  received  the  surrender  of  Glenbucket.  On  i6th 
March  he  was  in  Banff,  and  received  the  surrender  of  Sir  James 
Abercromby  of  Birkenbog,  George  Gordon  of  Buckie,  and  others.2 

By  the  Honorable  Alexander  Grant  of  Grant  Briggadeer  Generall 
of  his  Majesties  forces  and  Lord  Leivetennant  of  the  cowntey 
of  Banff.  3 

1  "The  Bwk  of  the  Duffs,"  Vol.   I.,  p.   79. 
*  "The  Chiefs  of  Grant,"  Vol.   I.,  p.   362.      See  also  p.  322. 
3  "The  Chiefs  of  Grant,"  Vol.   III.,  p.  251. 
P  2 


314  RECORDS    OF   THE    COUNTY    OF    BANFF. 

These  are  ordering  and  reqwairing  yow  forthwith  to  raise  to  the 
number  of  tuantie  fyve  weall  armed  men  owt  of  the  millitia  of  the  shyre 
of  Banff,  in  the  parishes  of  Banff,  Boyndy,  Collen,  Fordyse  and  Desford, 
and  garison  the  howse  of  the  Boyne,  and  there  to  secure  all  armes, 
horses  and  warlick  amunition  for  his  Majesties  use,  and  to  tack  care 
that  noe  person  nor  persons  enter  the  said  hows  except  those  that 
belong  to  the  said  garisone  till  my  further  orders,  or  orders  from  the 
commander  in  cheiff  in  Scoteland :  as  also  yow  are  to  order  the 
neigbouring  countrey  to  furnish  the  said  garison  with  fyreing  and 
bedding,  and  that  the  said  garisone  doe  noe  manner  of  harm  to  the  said 
hows  or  aney  thing  belonging  thereto.  Given  at  Aberdeen  this  fiveteen 
of  February  1716  by  me,  and  sealled.  A.  GRANT. 

To  the  Deputy  Leivetennants  of  the  shyre  of  Banff,  being  Alexander 
Gardne  of  Troup  elder  and  younger,  and  Alexander  Aber- 
cromby  of  Glasoch. 

REQUISITIONS  BY  THE  HIGHLANDERS  AND  HANOVERIANS. 
By  this  time  the  Earl  of  Findlater,  still  in  Edinburgh,  had  no  doubt 
of  the  issue  of  events.  The  exaction  of  cess  by  the  Highlanders,  and 
the  requisitions  in  kind  made  by  them,  and  by  the  Hanoverian  forces 
now  in  occupation,  continued  to  exercise  his  mind  and  the  thoughts  of 
the  Commissioners  of  Supply. 

To  William  Lorimer,  Chamberlain  to  the  Earl  of  Findlater  at 

Cullen. 
WILLIAM   LORIMER,  Edr  ffebry  8th  1716. 

I  am  extreamly  troubled  w1  the  accotts  I  have  allready  had  of 
my  lands  being  disstressed  for  the  high  cess  and  other  circumstances  of 
which  I  have  had  information,  but  my  greatest  anxiety  is  to  know  how 
the  Highlanders  have  left  me,  and  what  comes  off  me  by  the  march  of 
both  armys  through  my  countrey;  and  therfor  I  have  sent  John 
Lorimer,  and  by  him  I  have  writt  to  D.  Argyle,  Gen11  Cadogan, 
Brigadeer  Grant  and  Glassaugh  for  there  protection  in  the  passage  of 
K.  George  his  army.  If  they  come  you  must  wait  on  the  commissaries 
or  those  that  come  before  them,  and  know  what  necessaries  they  want ; 
and  let  them  be  supplyed  proportionally  out  of  the  adjacent  heretors 
lands  w'  horses,  fforrage  or  provisions.  Those  who  are  in  rebellion  there 
lands  at  least  ought  to  bear  ane  equall  proportion,  and  take  the 
authority  of  the  Sheriff  depute  for  doeing  this.  And  let  the  army  want 


KING  GEORGE'S  FORCES  IN  BANFFSHIRE.  315 

for  nothing  towards  there  accomodation  that's  in  yor  power,  for  I  doubt 
not  of  there  paying  to  my  tennants  as  they  doe  to  others.  Take  the 
assistance  of  all  the  gentry  that's  out  of  the  rebellion  to  this.  I 
suppose  before  you  receave  this  that  all  the  Highlanders  will  be 
disperst,  and  that  therfor  what  things  I  have  in  a  friends  house  ought 
imediately  to  be  carryed  to  Co11  Buchans,  who  will  be  very  carefull  of 
what  concerns  me.  If  the  Highlanders  be  intirely  disperst,  I  see  no 
danger  of  bringing  it  to  my  own  house.  You  may  invite  the  prin11 
officers  that  command  K.  George  army  to  dine  or  ly  at  my  house  in 
there  passing,  and  let  them  use  there  own  cooks  in  dressing  there  meat, 
and  use  there  own  plate,  because  I  have  none  at  home;  but  for  any  thing 
els  you  can  accomodate  them.  Acquaint  me  how  all  things  passes  even 
before  you  return  Jo.  Lorimer  out  of  the  countrey ;  and  you  and  all  my 
tennents  keep  particular  acco"5  of  yor  losses,  for  I  hope  to  come  at 
reparation  some  time  or  other.  Because  of  straglers  you  should  keep  a 
guaird  about  Cullen,  and  the  people  of  Keith  and  Deskford  should  doe 
the  lyke.  Ld  Grant  and  Glassaugh  will  be  assisting  to  you.  John  will 
impart  to  you  what  further  I  think  needfull  in  my  own  private  affairs. 
.1  hope  in  God  to  be  at  home  in  a  short  time,  and  these  that  have  taken 
the  same  method  wl  me  shall  be  sure  of  my  friendship.  I  am 

Yor  assured  ffriend, 

FFINDLATER. 

To  the  Earl  of  Findlater,  Edinburgh. 
RIGHT  HONOURABLE, 
MY  LORD, 

Since  my  last  to  your  Lop.  Generall  Wightman,  Brigadeer 
Grants  regiment  and  a  regiment  of  Swissers  passed  by  here.  They 
have  done  no  harm  to  your  interest,  save  taking  of  free  quarters.  The 
Generall  was  very  discreet,  and  left  a  guard  at  your  house  besyds  his 
protection.  He  and  the  officers  of  Grants  regiment  lodged  all  at  your 
house,  and  yr  horses  were  in  your  stables.  Wee  expect  some  dragoons 
and  more  foott  this  night  or  tomorrow.  Wee  hear  the  clans  and  some 
others  are  yet  in  a  body  together  in  the  Highlands,  and  there  are 
spies  daylie  in  this  countrey,  some  wherof  are  allready  taken  up.  I  am 
still  of  the  mind  that  your  Lop.  should  stay  a  while  where  you  are,  till 
we  have  a  full  peace,  which  I  hope  will  be  in  a  short  time.  I  have  sent 


316  RECORDS   OF   THE   COUNTY   OF   BANFF. 

for  cocquetts  for  the  two  ships,  one  for  500  bolls  meall,  the  other  for 
300  bolls  bear.  I  hope  they  will  saill  this  week,  but  the  weather  is  very 

stormy.     I  am, 

My  Lord, 

Your  Lops,  most  humble  and  most  obliged  ser1, 

WM.  LORIMER. 
Feb.  26/1716. 

For  Wm.  Lorimer  Chamberlane  to  the  Earle  of  ffindlater  at 

Cullen. 

Edinburgh  ffebT  28  1716. 
WM.  LORIMER, 

I  wrote  by  the  post  in  answire  to  yors,  and  acquainted  you 
that  I  resolved,  God  willing,  to  be  at  home  upon  Saturnday  7  night,  at 
farthest  Monday  thereafter ;  therfor  let  what  is  necessary  be  provyded. 
I  long  to  see  the  desolate  circumstances  of  my  countrey,  and  I  have 
great  compassion  for  my  unhappy  neighbours.  I  did  not  expect  to  have 
mett  with  the  bad  useage  I  have  recd  from  some  of  them,  but  I  hope  in 

God  to  recover  this  loss Establish  a  correspondence  wl  Co11. 

Wm.  Grant  and  some  in  the  garrison  of  Balveny,1  that  wee  may  know 
what  the  Highlanders  are  doeing.  Being  so  soon  to  be  at  home,  I'le 
write  no  more,  only  have  sent  the  garden  seeds  by  the  bearer. 

I  am 

Yor  assured  ffriend, 

FFINDLATER. 

AT  Banff  the  sevinth  off  March  ane  thousand  sevin  hundreth  sextein 
yeare :  Sederunt  off  Comissioners  of  Suplie  off  Banffshyre : — 
Alexr  Gardin  off  Troup  elder,  Alexr  Abercrombie  off  Glashaugh, 
Alexr  Gardin  younger  off  Troup,  Peter  Gordon  off  Ardmealie, 
Thomas  Donaldsone  off  Kinnardie,  John  Joass  off  Coleonard, 
Alexr  Abercrombie  of  Skeith,  Robert  Stewart  Provest  of  Banff, 
William  Loriemer  in  Dytach,  Alex.  Russell  off  Montcoffer. 
The  saids  Commissioners  mett  as  said  is,  off  unanimus  consent 

nemine  contradicente  did  elect  nominat  and  choise  Alexander  Gardin 

off  Troup  to  be  preses  of  the  present  meiteing. 

1  See  p.   313,  also  "The  Book  of  the  Duffs,"  Vol.  I.,  p.   79,  and   ''The  Chiefs  of  Grant," 
Vol.  I.,  p.   360. 


PROVISION   OF   FORAGE   FOR  THE   KING  S   FORCES.  317 

The  said  day  the  Commissioners  taikeing  to  there  considera°n  the 
ffrequent  travelling  off  his  Majestyes  fforces  horse  and  foot  to  and  ffrom  this 
place,  and  that  there  are  absolute  necessity  ffor  provyding  them  in  corne 
and  straw  ffor  there  fforradge,  and  there  being  noe  new  nominatione  off 
Justices  off  Pace  or  Commissioners  off  Suplie  as  yet  come  to  the 
shyre,  the  Commissioners  of  Supplie  here  present  doe  recomend  to  the 
Magistrals  off  Banff  to  keep  exact  account  of  what  corne  and  straw 
hes  bein  peyt  in  to  the  Magazine  Master  at  Banff,  and  how  disposed  off, 
and  to  whom ;  as  also  the  Magazine  Master  to  grant  recepts  to  ye 
seall  persones  that  have  allradie  peyt  in  corne  and  straw,  and  to  such  as 
shall  pey  in  herafter  of  ye  seall  and  particular  quantityes  he  hes  or 
shall  receiv;  and  in  caise  there  shall  be  occatione  ffor  any  more  corne  and 
straw  besydes  what  is  allradie  in  the  Magazine  Masters  hands,  recomends 
to  the  Magistrats  off  Banff  to  call  in  ffor  what  shall  be  neidffull  off 
corne  and  straw,  ffrom  the  nixt  adjacent  paroches  within  the  district  off 
Bamff,  at  the  raite  of  halfe  ane  boll  corne  and  sextein  stone  sufficient 
straw  upon  each  hundreth  punds  off  valued  rent,  untill  there's  ane  more 
full  meiteing  off  the  Commissioners  to  regulate  the  samen ;  and 
recomends  to  Alexr.  Abercrombie  off  Glashaugh,  Comissioner  ffor  the 
shyre  to  this  present  Parliament  ffor  Banffshyre,  to  hasten  downe  the 
nominatione  off  the  Justices  off  the  Pace  and  the  act  anent  the  land 
taxt  nameing  the  Comissioners  off  Suplie ;  and  lykwayes  recomends  to 
Alexr  Gairdine  elder  and  younger  of  Troup  and  Alexr  Abercrombie  off 
Glashaugh  to  prepair  and  draw  up  ane  congratularie  adress  to  his 
Majestye  King  George  suitable  to  the  present  hapie  juncture  and 
postur  off  affaires,  to  be  signed  by  the  noblemen  barrens  gentellmen 
heriters  and  freeholders  off  the  shyre  with  all  possible  expeditione. 
The  said  day  Alexr.  Garden  younger  of  Troup,  Peter  Gordon  off 
Ardmeallie,  Alexr.  Abercrombie  off  Skeith  and  Robert  Stewart  Provest 
off  Banff  did  in  fface  off  the  meiteing  taik  swear  and  subscrive  the 
oaths  of  alleadgeance  and  assurance  to  his  Majesty  King  Georg. 

ALEXR.  GAIRDNE. 

THE  MICHAELMAS  CESS  OF  1715,  AND  MARCH  CESS  OF  1716. 

AT  Banff  the  sixteinth  day  of  March  Jayvyi&  and  sixtein  years. 
Sederunt  as  Commissioners  of  Supplie  of  Banffshyre — Collonell 
William  Grant  of  Bellandallach,  Alexander  Gairden  younger  of 


318  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Troup,  John  Joass  of  Collynard,  Peter  Gordon  of  Airdmellie, 
Captain  Alexr.  Abercrombie  of  Glassach,  Alexander  Aber- 
crombie  of  Skeith,  Thomas  Donaldson  of  Kinardie  and  Thomas 
Grant  of  Auchynanie,  who  choose  Collonell  Grant  preses. 
The  whilk  day  the  Comissioners  having  mett  is  to  considder  of  ane 
letter  sent  by  the  Gen"  Reciever  directed  to  them  of  date  24th  ffebruary 
last  past  anent  the  Michallmas  cess  resting,  as  also  for  the  cess  payable 
the  25th  March  instant.  The  sds  Comissioners,  being  informed  by  ane 
letter  under  their  Clerks  hand  of  his  indisposition,  they  excuse  him,  and 
have  appointed  Thomas  ffordyce  notar  publict  to  sitt  as  their  Clerk  for 
this  meeting;  and  they  approve  of  the  intimations  issued  out  for  the 
cess  dated  the  fourteinth  current,  conform  to  the  sederunt  of  the 
twentie  eighth  of  July  last,  and  orders  the  Collector  to  remitt  the  cess 
as  fast  as  it  comes  to  his  hand ;  and  in  the  meantime  recomends  to 
Alexander  Garden  younger  of  Troup  to  write  in  name  of  the  meeting 
to  Edr.  to  Douglas  of  Cavers  to  acquaint  him  of  the  orders  given  in 
complyancc  to  his,  and  that  nothing  shall  be  wanting  in  the  power  of 
the  Commissioners  for  making  the  samen  irnmediatlie  effectuall,  and  at 
the  same  time  beg  his  favour  in  delaying  quartering,  because  the  circum- 
stances of  the  countrey  and  skarisetie  of  mony  occasioned  by  the 
heavie  taxes  unwarrantablie  and  illegally  raised,  and  other  acts  of 
oppression,  as  weell  as  want  of  all  sort  of  trade. 

The  Commissioners  taking  to  their  consideration  the  frequent 
occasions  there  is  for  corn  and  straw  to  supply  his  Mties  fforces,  that 
have  occasion  to  pass  thorrow  or  ly  at  Cullen,  they  therefore  recomend 
it  to  the  Magistrates  of  Cullen  to  call  in  for,  as  occasion  requires,  at  the 
rate  of  one  ffirlott  of  oatts  and  eight  stone  of  straw  off  each  hundred 
pound  of  valued  rent,  out  of  the  parochines  of  Cullen,  Rathven, 
Deskfoord,  ffordyce  and  Ordiqwhill,  and  to  grant  recepts  therefore,  and 
hold  count  how  the  samcn  is  disposed  of.  WILL.  GRANT. 

The  Lord  Deskford. 
MY  LORD, 

I  had  the  honour  of  your  Lops,  of  the  26th  Febry,  and  was 
very  glade  to  know  of  your  own  and  Ladyes  well  being,  the  continuance 
wherof  I  wish  from  my  heart.  The  circumstances  of  some  gentlemen 
in  our  countrey  are  very  melancholious ;  but,  blessed  be  God,  the 
condition  of  the  countrey  is  not  so  bad  as  was  represented  at  first.  The 


SUSPENSION    OF    PROVOST    MARK    AS    SHERIFF    DEPUTE.  319 

army  sent  to  Inverness  has  now  past  us  by  parties,  and  wee  have  had 
no  loss  but  free  quartering,  which  wee  count  not  off.  Wee  payed  tuelve 
monethes  cess  of  late,  which  must  be  payed  again  to  the  Government. 
The  tenents  payed  the  one  half  of  this  great  cess,  and  they  must  have 
relieff ;  but  I  hope  this  and  other  losses  will  be  repaired  by  those  who 
got  the  money.  Your  father  is  expected  here  tomorrow,  and  what  he 
does  in  this  affair  your  Lop.  must  doe  the  lyke.  I  hear  the  Government 
is  to  putt  a  garrison  in  the  House  of  Boynd,  which  I  wish  may  be  done 
speedily,  least  the  Lady  should  return  and  take  possession ;  and  I  am 
perswaded  your  father  will  comply  with  your  desire  anent  the  settling 
your  family  there.  .  .  .  And  I  am, 

My  Lord, 
Your  Lops,  most  humble  and  most  obliged  servant, 

WM.  LORIMER. 
Mar.  12/1716. 

The  Earl  of  Findlater,  Cullen. 

Edinburgh,  Apryle  gth  1716. 
MY  LORD,' 

The  Justice  Clerk  has  some  information  agst  Jno.  Mark. 
Whether  it  be  what  yor  Lop.  wrote  about  him  in  yor  last  letter  but  one 
I  know  not.  I  think  yor  Lop.  has  done  right  (upon  the  suspicion  you 
had  of  his  behaviour)  to  suspend  him  from  the  Sherriffship,  which  shews 
yor  displeasure  sufficiently;  and  if  the  300  Mcphcrsons  were  in  the 
countrey  at  the  time  it  may  go  farr  to  excuse  him,  considering  his 
constant  zealous  behaviour  for  K.  George  service  both  before  and  since 
that  time.  Of  this  yor  Lop.  needs  take  no  notice  to  any  person. 

Wee  doe  expect  when  the  Parl'  mcetts  there  will  be  something  done 
towards  mercy.  There  are  serall  of  the  Court  disposed  towards  it, 
and  the  King  as  much  as  any. 

Wee  had  no  news  last  post  and  can  expect  litle  till  the  Parl'  sitt 

down 

APPOINTMENT  OF  PATRICK  DUFF  AS  CLERK  OF  SUPPLY. 

The  confusion  of  the  rising  was  evidently  too  much  for  Thomas 
Duff,  Clerk  of  Supply.  In  May  1716,  he  dropped  out  of  office,  and 

'  Unsigned,  and  in  John  1'hilp's  handwriting. 


32° 


RECORDS   OF   THE    COUNTY   OF    BANFF. 


was  succeeded  by  his  relative,  Patrick  Duff  of  Premnay,  later  of 
Culter,  fourth  son  of  Patrick  of  Craigston,  youngest  son  of  Alexander 
of  Keithmore.2  Thomas  Duff  died  in 


Sederunt  of  the  Commissioners  of  Supply  of  the  Shyre  of  Banff: 

Holden  at  Banff  the  fifteenth  day  of  May  1716  years  by  My 

Lord  Deskfoord,  Lord  fforglan,  Auchquainanie,  Troup,  Eden- 

geith,  Kinairdy,  Collenwart  and   Montblairie  yor.,  who  unani- 

mously elected  My  Lord  Deskfoord  preses  of  the  said  meeting. 

The  Commissioners  called  by  the  Sheriff  depute  to  impose  eight 

months  cess  for  the  service  of  1716  being  all  qualified  conform  to  law 

elect  Patrick  Duff,  writer  in  Aberdeen,  Clerk. 

Mr.  Andrew  Hay  younger  of  Mountblerie  Collr  appointed  for 
collecting  the  four  months  supply,  payle  out  of  the  shyre  of  Banff  for 
the  service  of  the  year  Iajvijc  and  fifteen,  presented  to  the  meeting  a  letter 
directed  to  him  subscrivd  by  John  Philip,  one  of  the  Auditors  of  the 
Revenue,  dated  at  Edinburgh  the  second  of  this  instant  moneth  of  May, 
whereby  he  writes  to  the  said  Mr.  Andrew  Hay  that  he  had  paid  up  the 
cess  due  for  the  shyre  of  Banff  in  March  Jajvijc  and  fifteen,  and  that  he 
had  further  paid  to  account  of  the  following  September  cess  twenty 
one  pound  eleven  shillings  and  four  pence  sterling,  and  that  when  John 
Innes  bill  came  in  it  should  be  further  applyd  thereto,  which  bill  was 
for  three  hundred  fourty  nine  pound  nine  shilling  four  pennies  Scots 
mony,  which  letter  was  by  the  Commissioners  appointed  to  be  returned 
to  the  said  Mr.  Andrew  Hay.  The  saids  Commissioners  considering 
that  by  the  late  rebellion  and  troubles  in  this  country  the  supply  due 
out  of  this  shyre,  which  was  payle  in  September  last,  could  not  be  got 
so  punctually  levyd  as  it  otherwise  should  been,  they  appointed  the  said 
Mr.  Andrew  Hay  to  collect  and  levy  the  same  now  with  all  dilligence, 
and  to  use  such  legal  execution  as  should  be  requisite  for  recovery 
thereof  from  the  deficients,  and  to  pay  in  the  same  to  the  general 
receiver  at  Edinburgh  how  soon  possible,  and  appointed  three  of 
their  number  viz.  Troop,  Collindwart  and  Kinairdy  or  any  oyr  of  their 
number,  that  should  attend,  to  meet  with  the  said  Mr.  Andrew  Hay  at 
any  time  they  should  appoint  betwixt  and  the  tenth  day  of  August 
nixt  to  come,  and  to  examine  his  accots  and  receive  up  the  general 

1  "The  Book  of  the  Duffs,"  p.  432. 

3  Ibidem,  pp.  295-6,6(0.;  and  Henderson's  "  Society  of  Advocates  in  Aberdeen,"  p.  156. 


BANFFSHIRE    JACOBITES    UNDER   ARREST    IN    1716.  32! 

receivers  discharges  for  the  cesses  paid  to  him  preceeding  the  first  day 
of  Aprile  last  bypast.  Mr.  Hay  is  appointed  Collector  for  current 
eight  months  cess  for  the  service  of  1716.  And,  in  consideration  of  his 
losses  he  sustained  by  the  late  rebellion,  and  that  the  late  Collr  had 
allowed  him  seven  hundred  merks  of  sallary  for  collecting  the  eight 
months  cess,  they  allowed  the  said  Mr.  Andrew  Hay  seven  hundred 
merks  of  sallary  for  collecting  the  said  eight  months  supply,  and  continue 
the  sallary  paid  to  former  clerks  to  their  clerk  viz.  three  hundred 
merks  Scots,  and  continue  the  shyres  post  for  a  year  at  2s.  ster.  weekly. 

The  saids  Commissioners  considering  the  losses  the  country  people 
might  have  sustained  by  the  Kings  forces  in  their  marches  through  this 
shyre,  they  appoint  their  Clerk  to  make  intimationes  at  every  parioch 
church  w'in  this  shyre  to  those  that  find  themselves  losers  by  the 
marches  of  the  forces  to  attend  the  Commissioners  of  Supply  at  Banff 
upon  the  second  Tuesday  of  August  next,  there  to  make  affidavit  by 
whom  and  what  were  the  quantity's  and  value  of  their  rexive  losses, 
that  the  same  may  be  redressed  as  is  provided  by  law. 

Cess  and  salaries  stented  at  £3  3/5  Scots  on  every  £100  valued  rent, 
and  dates  of  payment  fixed  &c.  DESKFOORD. 

On  i4th  August  1716,  none  of  the  country  people  appearing  to 
depone  upon  their  losses  except  James  Stuart  in  Achbeggs,  John  Stuart 
in  Auchinreath,1  and  Alexr.  Paterson  in  Thornybank,2  the  same  was 
delayd  till  the  Commissioners  should  appoint  a  new  dyet,  none  being 
present  but  Provost  Stuart  of  Banff  and  John  Mark  late  Provost  of 
Banff.  The  said  J.  Stuart  protested  agst  Provost  Markes  rights  to 
sit  in  the  meetings  of  the  Commissioners  of  Supply  in  respect  of  sd 
Rot.  Stuart  was  present  Provost  of  Banff. 

Robert  Stewart,  Provost  of  Banff,  1715-16  to  1718,  and  from  1721 
to  1724,  father-in-law  of  Thomas  Duff,  Clerk  of  Supply,  and  father  of 
John  Stewart,  Supervisor  of  Excise,  was  through  his  connections 
considered  Hanoverian  enough  to  supplant  Provost  Mark,  who  was 
suspect  as  Jacobite. 

BANFFSHIRE  JACOBITES  UNDER  ARREST  IN  1716. 

The  following  letter  of  Lord  Justice  Clerk  Cockburn,  erroneously 
designed  after  the  English  style  Lord  Chief  Justice  Clerk,  shows  the 
mild  local  manner  of  dealing  with  some  of  the  BanrTshire  Jacobites 
who  had  come  in,  and  were  put  under  arrest. 

1  In  the  parish  of  Bellie.       *  In  the  parish  of  Rathven. 
Q  2 


322  RECORDS    OF   THE    COUNTY   OF    BANFF. 

Letter '  from  Lord  Chief   Justice  Cockburn  to    Lord  Townshend 

from  Edinburgh,  September  8,  1716. 

When  I  was  at  Aberdeen,  I  had  information  there  were  severall 
heretors  in  the  county  of  Banff,  who  had  been  in  arms  for  the  rebellion, 
had  surrendered,  and  were  made  prisoners,  but  are  now  all  at  liberty. 
I  sent  into  that  county  to  know  the  truth  of  this,  and  had  a  returne 
that  severall  gentlemen  surrendered  ymselves  to  the  Deputy  Lievts, 
gave  up  yr  horse  and  arms  they  had  in  the  rebellion  wt  them.  The 
Deputy  Lievts  according  to  order  delivered  these  gentlemen  to  the 
comanding  officer  at  Banff  for  the  time,  and  as  the  troops  were 
releaved  the  prisoners  were  delivered  to  the  succeding  comandrs,  till 
at  last  a  detachment  of  Wills  regiment  comanded  by  Lievt  Melvill  is 
ordered  to  march  from  that,  but  no  party  being  to  releave  him,  he 
delivered  a  list  of  the  prisoners  to  the  Magistrats  of  Banff,  and  they 
not  being  comitted  to  the  tolbooth,  but  keept  in  lodgeings  under 
centinells,  the  Magistrats  took  no  further  notice  of  ym,  and  ye  gentlemen 
are  all  retired.  I  believe  many  of  ym  are  yet  in  yt  country.  If  the 
Government  thinks  fitt  to  cause  enquire  after  ym,  I  thought  it  my  duty 
to  give  notice  of  this.  Here  enclosed  is  a  list  of  ym. 

George  Gordon  of  Buckie. 

George  Gordon  of  Glestirum. 

Harry  Gordon  of  Avachie. 

Alexander  Gordon  of  Glengerrock. 

Charles  Hay  of  Ranas. 

John  Hay  of  Mildavit. 

Alexander  Anderson  of  Arradoull. 

John  Abernethie  of  Meyan. 

John  Stuart  of  Drummin. 

Alexander  Keith  of  Northfield. 

Sir  James  Abercromby  of  Birkenbog. 

George  Abercromby  younger  of  Skeith. 

Adam  Gordon  of  Balgowen. 

Sir  James  Gordon  of  Park. 

Andrew  Stewart  of  Auchluncart. 

John  Ross  of  Allanbuy. 

'S.P.  (Scotland)  Letters  and  Papers,  2nd  Series,  Bundle  12,  No.  165,  Public  Record  Office. 


THE   DISARMING   OF   BANFFSHIRE.  323 

In  the  first  week  of  September  1716,'  73  prisoners  marched  or  were 
due  to  march  to  Carlisle  from  Edinburgh  and  the  Castles  of  Stirling 
and  Blackness,  including — 

3rd  Sept. — Mr.  Patrick  Gordon,  eldest  son  to  Aberlour. 
5th  Sept. — From  Edinburgh  Castle — 

Alexander  Lord  Marques  of  Huntley. 

John  Gordon  of  Glenbucket. 

John  Gordon,  uncle  to  the  Earl  of  Aboyn. 

THE  DISARMING  OF  BANFFSHIRE. 

October  22 — In  terms  of  the  act  of  Parliament  the  Magistrates  [of 
Banff]  appoint  tomorrow  for  taking  in  the  arms,  it  being  not  now 
lawful  to  use  or  bear  broad  sword  or  target  poynyeard  whinger  or  durk 
syde  pistoll  or  syde  pistolls  or  gun  or  any  o£her  warlike  weapons,  and 
that  the  arms  of  Royal  Burghs  are  to  be  kept  in  magazines,  and  are  not 
to  exceed  200  in  number.  Such  arms  when  brought  in  are  to  be 
appreciated.  The  county  cess  of  1717  was  applied  in  payment  of  the 
arms  given  up. 

On  loth  November  1716  Brigadier  General  Grant  Lord  Lieutenant 
of  the  County,  received  from  his  Deputy  Lieutenants  an  account2  of 
their  proceedings  under  the  Disarming  Act.  At  Banff  the  arms 
delivered  up  amounted  to  sixty  six  guns,  fifteen  pistols,  twenty  six 
swords,  three  dirks,  and  four  Danish  axes  or  halberts.  At  Cullen 
there  were  delivered  one  hundred  and  thirty  six  guns,  seventy  four 
pistols,  nine  barrels  of  guns,  two  hundred  and  thirty  six  swords, 
thirty  three  dirks,  a  steel  cape,  and  three  calivers.  These  arms  were 
placed  in  the  custody  of  the  Magistrates  of  Banff  and  Cullen.  At 
Keith  there  were  delivered  up  six  hundred  and  thirty  four  swords, 
ninety  one  dirks,  three  hundred  and  ninety  six  guns  and  barrels  of 
guns,  fifteen  locks  of  guns,  two  hundred  and  nineteen  pistols,  thirty 
seven  halberts  or  partisans,  eighteen  targets,  and  one  steel  breastplate. 

The  arms  collected  at  Cullen  and  Keith  were  in  course  sent  to 
Banff  for  safe  custody. 

A  NEW  COMMISSION  OF  THE  PEACE. 

The  Deputy  Lieutenants  at  the  same  time  sent  the  Brigadier  a  list 
of  gentlemen  whom  they  proposed  for  appointment  as  Justices  of 
the  Peace  for  the  county.  A  new  Commission  of  the  Peace  was 

•S.  P.   (Scotland),   Letters  and  Papers,  2nd  Series,  Bundle  12,  pp.   151-153,  P.R.O. 
'"The  Chiefs  of  Grant,"  Vol.  I.,  p.  365. 


324 


RECORDS    OF   THE    COUNTY    OF    BANFF. 


accordingly  issued  for  the  shire  of  Banff,  as  may  be  seem  from  the 
following  three  minutes  : — 

AT  Banff  the  twentie  first  day  of  January  one  thousand  seven 
hundred  and  seventeen  years : — Sederunt  of  the  Justices  of 
Peace  of  Banffshyre.  Justices  present — My  Lord  Deskfoord, 
Captain  Alexander  Abercromby  of  Glassach,  Thomas  Donaldson 
of  Kinairdie,  William  Gordon  of  ffarskan,  Robert  Steuart 
Provost  of  Banff,  and  Walter  Brannes  at  present  eldest  Baillie 
of  Cullen,  who  unanimouslie  elected  My  Lord  Deskfoord  preses 
to  the  said  meeting. 

The  Justices  forsaid,  having  taken  the  oaths  and  qualified  conform 
to  law,  did  appoint  intimations  to  be  sent  and  published  at  the  severall 
Paroch  Churches  within  the  shyre,  requiring  the  haill  Justices  of  the 
forsaid  shyre  to  meet  at  Banff  the  first  tuesday  of  ffebruary  next  at  ane 
quarterlie  session  to  be  holden  there,  and  that  the  Justices  of  the  Peace 
who  have  not  as  yett  qualified  may  receive  the  oaths  and  qualifie 
conform  to  law.  DESKFOORD,  Pres. 

AT  Banff  the  fifth  day  of  ffebruary,  being  the  first  tuesday  of  the 
said  month  one  thousand  seven  hundred  and  seventeen  years. 

The  said  day  anent  the  intimations  sent  to  and  published  at  the 
several  Paroch  Churches  within  this  shyre,  by  order  of  the  last  meeting 
of  the  Justices  of  the  Peace  holden  at  this  place  the  first  day  of 
January  last,  requiring  the  haill  Justices  of  the  peace  of  the  sd  shyre 
to  meet  this  day  and  place  to  the  effect  mentioned  in  the  last  act,  and 
there  having  none  compeared  except  Thomas  Grant  of  Auchynanie, 
who  being  one  of  these  appointed  by  the  Brieve  sent  with  the  Com- 
mission to  qualifie  the  rest  of  the  Justices  of  the  Peace  nominate  by 
the  said  Commission:  Therefore  the  said  Thomas  Grant  of  Auchynanie 
appoints  Thursday  the  fourteenth  of  ffebruary  current  ffor  the  whole 
Justices  of  the  Peace  within  the  shyre  of  Banff  not  yett  qualified  to 
meet  at  Bellgarren  in  the  parochin  of  Boharm,  and  appoints  Mr. 
Robert  Blenchel  notar  publict  in  Keith  to  carry  allongs  the  peapers  and 
writes  necessary  for,  and  appoints  the  same  to  be  returned  to  Banff  to 
the  Justice  of  Peace  Clerk  or  his  Depute  there,  and  ordaines  intimations 
to  be  sent  furth  to  the  severall  paroch  churches  the  next  Sabbath  day 
to  be  intimate  as  accords;  and  excuses  Walter  Grant  of  Airdendillie, 


ARREARS    OF    CESS    FOR    1714-16.  325 

Alexander  Anderson  of  Newtoune,  Mr.  James  Leslie  of  Tullich,  John 
Innes  elder  and  John  Innes  younger  of  Edingeith,  Archibald  Grant  of 
Papine,  and  William  Duff  of  Bracco,  in  respect  of  their  several  letters 
sent  and  in  the  Clerks  hands  and  other  relevant  excuses. 

THOMAS  GRANTT. 

In  accordance  with  precedent,  the  Clerk  of  Supply,  Mr.  Patrick 
Duff,  was  appointed  Clerk  of  the  Peace. 

SEDERUNT  of  the  Justices  of  the  Peace  of  Banffshyre  holden  at 
ffordyce  the  seventh  day  of  March  Jajvij&  and  sevcntien  years 
by  My  Lord  Deskfoord,  William  Gordon  of  ffarskan,  Thomas 
Grant  of  Auchynanie,  John  Ogilvie  of  Kempcairn  and  John 
Ord  of  ffindochtie.  ffarskan  preses. 

The  Commission  and  other  writes  delivered  to  Mr.  Robert  Blenchel 
were  by  him  redelivered  to  Thomas  ffordyce  as  Depute  Clerk  to  Patrick 
Duff,  as  also  Cavers  Douglas  letter  anent  the  lights  dated  the  twentie 
nynth  Janry  last.  WILLIAM  GORDON. 

William  Gordon  was  third  laird  of  Farskane,  Kathven.  He  married 
Helen,  second  daughter  of  Alexander  Duff  of  Bracco.  Dr.  Cramond  z 
states  that  he  was  implicated  in  the  rising  of  the  Fifteen,  but  on  what 
grounds  the  Editor  cannot  find.  He  died  in  1735. 

THE  ARREARS  OF  CESS  FOR  1714-16. 

SEDERUNT  of  the  Commissioners  of  Supply  of  the  Shyre  of  Banff 
met  at  Banff  the  Thirty  day  of  May  One  thousand  seven 
hundereth  and  seventeen  years.  Present — Collymvard,  Mount- 
blairy,  Provost  Stewart  present  Provost  of  Banff,  Kinnairdy, 
Provost  Mark.  Kinnairdy  chosen  preses. 

Meeting  called  by  Sheriff  of  Banff  to  stent  and  proportion  the 
eight  months  cess  for  the  service  of  1717,  and  to  examine  former 
Collector's  accounts.  Patrick  Duff,  writer  in  Aberdeen,  again  chosen 
Clerk. 

The  said  Mr.  Andrew  Hay  of  Mountblairy,  Collector  of  the  former 
supply  for  the  service  of  the  years  Jajvij&  and  fifteen  and  Jajvij&  and 
sixteen,  for  discharging  himself  and  the  shyre  thereof,  produced  a 
discharge  granted  by  Gavin  Plummer,  deputy  receiver  of  the  supply 
for  Scotland,  dated  the  seventh  day  of  August  Jajvij&  and  sixteen  years, 
for  fyve  hundred  seventy  three  pound  fifteen  shillings  and  sixpence 

1  Dr.  Cramond's  "Annals  of  Banff,"  Vol.  I.,  p.    114. 


326  RECORDS    OF    THE    COUNTY   OF    BANFF. 

sterling  in  complete  payt.  of  twelve  months  supply,  payle  by  the  said 
shyre  at  the  three  termes  following,  viz.,  four  moneths  supply  payle  agt 
the  twenty  fifth  of  March,  and  four  moneths  supply  payle  agt  the 
twenty  nynth  of  September  Jajvij&  and  fifteen,  and  four  moneths 
supply  payle  agt  the  twenty  fifth  of  March  Jajvij&  and  sixteen,  being 
in  full  pay',  of  the  cess  due  out  of  the  said  shyre  for  the  sds  years 
Jajvij&  and  fourteen  and  Jajvij&  and  fifteen,  which  discharge  being 
seen  by  the  sds  Commissioners  they  approve  thereof,  and  appoint  their 
Clerk  to  cause  registrat  the  same 

And,  for  instructing  what  he  had  paid  of  the  cess  due  out  of  the  sd 
shyre  for  the  year  Jajvij&  and  sixteen,  [the  Collector]  produced  a  recept 
granted  to  him  by  Alexr.  Innes,  clerk  to  the  receivers  office,  dated  the 
twenty  fourth  of  June  Jajvij&  and  sixteen  for  twenty  six  pound  fyve 
shillings  and  two  pence  sterling,  which  with  former  recepts  compleitly 
paid  the  two  moneths  cess  payle  out  of  the  sd  shyre  at  and  before  the 
twenty  fourth  of  June  last  bypast ;  as  also  produced  anoyr  receipt  to 
him  from  the  sd  Alex1.  Innes  dated  the  tenth  of  November  last 
for  twenty  three  pound  fourteen  shillings  and  ten  pence  sterling  to 
account  of  the  two  moneths  supply  payle  by  the  sd  shyre  the  twenty 
nynth  of  September  last,  and  likewise  produced  anoyr  recept  from  the 
sd  Alexr.  Innes  dated  the  twelvth  of  Apryle  last  for  four  hundereth 
thirty  one  pound  thirteen  shillings  nyne  pence  and  one  sixth  part 
sterling,  to  account  of  the  six  moneths  supply  payle  by  the  sd  shyre  the 
twenty  nynth  of  September,  twenty  fifth  of  December,  and  twenty 
fifth  of  March  all  last  bypast ;  and  which  recepts  the  sds  Commis- 
sioners appointed  to  be  delivered  back  to  the  sd  Mr.  Andrew  Hay,  that 
he  might  pay  up  the  ballance  of  the  sd  cess  due  out  of  the  sd  shyre 
for  Jajvij&  and  sixteen,  and  recover  the  receivers  discharge  therefor 
how  soon  possible,  which  was  accordingly  done.  The  sd  Mr.  Andrew 
Hay  produced  also  a  list  of  defficient  cess  due  out  off  the  sd  shyre, 
ammounting  to  two  thousand  eight  hundereth  and  two  pound  two 
shilling  and  ten  pennys,  which  being  considerably  more  than  the 
ballance  due  by  the  sd  shyre  to  the  receiver,  they  appoint  him  to  call  for 
the  same  and  use  all  ordinary  dilligence  for  recovery  yrof. 

Mr.  Hay  reappointed  Collector  at  600  merks.     300  merks  to  Clerk 
continued.    Shyres  Post  continued  at  2/-  stg.  weekly. 


THE    ARREARS    OF    CESS,    1715-16,    WIPED    OUT.  327 

SEDERUNT  of  the  Commissioners  of  Supply  of  the  Shyre  of  Banff 
met  in  Banff  the  fifteenth  day  of  May  Jajvij&  and  eighteen 
years.  Present — My  Lord  Deskfoord,  My  Lord  fforglan,  Coll. 
Grant,  Carron,  Glassaugh,  Capt.  James  Grant  of  Elchies, 
Mountblery  and  Kinnairdy :  Who  unanimously  named  My 
Lord  Deskfoord  preses. 

The  meeting  being  met  to  impose  the  eight  months  supply  for  year 
1718,  to  choose  a  Collector  and  Clerk,  and  to  examine  the  Collectors 
accounts  of  pay'  of  last  cess,  Patrick  Duff,  writer  in  Aberdeen,  is  again 
appointed  Clerk. 

The  said  Mr.  Andrew  Hay  represented  to  the  Commissioners  that 
albeit  he  had  paid  up  very  near  the  haill  last  years  cess,  yet  the  same 
having  been  applyd  for  payt  of  ye  arms  given  up  to  the  government  in 
the  terms  of  an  act  of  this  pnt  Parliament,  yet  the  sds  recepts  not 
being  allowd  to  ye  genii  receiver  by  ye  Exchecquer,  he  can  get  no 
discharge  therfor  untill  the  same  be  done,  and  cravd  that  the  giving  in 
his  discharge  of  the  last  years  cess  might  be  delayd  till  their  next 
meeting,  and  which  the  Commissioners  agreed  to.  And  in  consideration 
of  ye  discharge  mentioned  in  the  last  sederunt,  which  clears  the  cess 
of  ye  shyre  for  cropt  1715  and  proceeding,  they  appoint  his  and  his 
caurs  bond  for  the  cess  of  1715  to  be  cancelld. 

Mr.  Andrew  Hay  is  appointed  Collector  of  the  eight  moneths  cess 
for  the  service  of  1718  at  1000  merks.  The  Clerk  is  appointed  at  400 
merks,  and  the  Post  continued. 

DESKFOORD,  Pres. 

Next  year  on  i5th  May  1719  Mr.  Andrew  Hay  the  Collector 
produced  discharges  by  Alex1'.  Innes  deputy  receiver  for  the  cess  of 
1716  and  1717,  and  the  arrears  of  1715-16  were  then  finally  wiped  out. 


CHAPTER    III. 

ROAD  ADMINISTRATION  FROM  1710  to  1760. 

IN  the  oldest  extant  Minute  Book  of  Commissioners  of  Supply  and 
Justices  of  the  Peace  of  the  County,  beginning  loth  November  1696, 
the  following  minute  of  May  1710  is  until  1718  the  only  one  that 
bears  on  county  road  administration  : — 

ATT    Banff    the    25th   day    of    May    1710    years,  Sederunt    of   the 

Commisrs.    of    Supply   of    Banffshyre :     Present : — The    Lord 

Deskfoord,    The     Lord    fforgland,    Park,    Birkenbog,    Troup, 

Kinminnity,  Collynevart  elder,  Meyan,  Edingeith  yor,  Kinairdie, 

Castlefield,  Provest  Mark,  Corskie  yor,  Monblairie,  Rosieburne, 

Carnousie,  Dykesyde,  Arindullie,  Tullich  and  Edingeith  elder. 

The  Commis1"5.  pnt  elect  the  Lord  Deskfoord  preses.     .     .     . 

The    Commisrs.   forsd  as  Justices   of    Peace    remitts    to   Carnousie, 

Monblairie,   Rosieburne  and  Collynevart   elder  and  yor,   or  any  three 

of  them  to  visit  the  high  \vayes  leading  throw  the  parishes  of  Alvah 

and   fforgland,  and   to    repair    them,  and    make    qt    report    they    find 

necessary  to  the  next  gra1  meeting  of  the  Justices.     The  Justices  pnt 

recomends    to    Edingeith    elder,    Collynevart,    Provest    Mark,    Raggall 

and  Baldavie  to  visit  the  highway  betwixt  Blairshinnach  and  Baldavie, 

and  to  get  the  help  of  the  parish  of  Boindie  and  Banff  for  repairing 

the  same,  as  the  sd  comity  shall  find  it  necessary. 

ROADS  AND  BRIDGES,  1715-1718. 

In  1715  the  act  2,  George  I.,  c.  22,  and  in  1718  the  act  5,  George 
I.,  c.  30,  were  passed.  These  two  acts  re-enacted  the  code  of  highway 
maintenance  and  management  established  in  the  reign  of  Charles 
the  Second,  with  the  following  variations.  They  abolished  the  powers 
of  the  Council  of  Scotland,  which  no  longer  existed.  The  Justices 
of  Peace  and  Commissioners  of  Supply  were  to  convene  every  3rd 
Tuesday  of  May  to  choose  Clerks  and  Surveyors.  The  statute  labour, 
the  ancient  means  of  maintenance  imposed  on  the  inhabitants, 
was  fixed  at  three  days  before  the  end  of  June  and  three  days  after 

R  2 


330  RECORDS   OF   THE    COUNTY   OF    BANFF. 

harvest.  Those  absent  from  the  statute  labour  were  liable  to  pay  i8d. 
for  each  day  they  were  absent  without  a  substitute.  Surveyors,  who 
were  bound  to  accept  office  under  a  penalty  of  £5,  were  ordered  to 
report  on  the  condition  of  the  highways  every  six  months.  Scotland 
was  then  emerging  from  the  troubles  of  the  rising  in  1715  under  the 
Earl  of  Mar  in  favour  of  the  exiled  Stuarts,  a  rising  which  much  more 
seriously  affected  Banffshire  than  the  subsequent  one  of  1745.  There 
can  be  little  doubt  that  the  improvement  of  the  highways  of  Scotland 
then  came  to  be  an  important  part  of  the  policy  of  the  British 
Parliament  in  bringing  about  the  settlement  of  the  country.  The 
statutes  referred  to  set  the  authorities  of  Banffshire  in  motion  in  the 
matter  of  roads  and  bridge-building ;  and,  with  the  improvement  of 
roads  in  consequence,  the  period  under  review  was  marked  by  the 
gradual  introduction  of  wheeled  traffic,  in  place  of  the  hitherto  universal 
horse,  furnished  with  "curracks"  or  "  crook-saddle." 

In  1718,  the  Justices  of  Peace  met  at  Banff  on  the  I5th  day  of  May. 
The  proceedings  at  this  and  subsequent  meetings  in  inaugurating  and 
carrying  on  the  county  management  of  roads  and  bridges  may  be  of 
sufficient  interest  to  warrant  a  verbatim  narrative  in  some  detail;  while 
the  local  interest  attaching  to  the  making  of  particular  roads  and  to  the 
building  of  particular  bridges  may  also  excuse  a  fairly  detailed  chronicle 
of  these.  At  the  same  time  the  proceedings  bulk  so  largely  in  the 
Minute  Book  that  it  may  be  advantageous  to  confine  this  chapter  to 
road  administration  alone. 

SEDERUNT  of  the  Justices  of  Peace  of  the  Shire  of  Banff,  met  at 
Banff  the  fifteenth  day  of  May  Jajvij&  and  eighteen  years. 
Present — My  Lord  Deskfoord,  My  Lord  fforglen,  Coll.  Grant, 
Glassagh,  Carron,  Elchies,  Kinnairdy,  who  named  My  Lord 
Deskfoord  preses. 

The  saids  Justices  of  Peace,  considering  that  by  severall  acts  of 
Parliament  they  are  appointed  to  cause  the  highwayes  and  bridges  in 
their  rexive  shyres  to  be  repaired,  and  that  the  highwayes  w'in  the 
shyre  of  Banff  are  generally  neglected  and  in  many  places  in  ye  winter 
impassable,  for  repairing  the  same  and  preventing  the  lyke  afterward 
they  appoint  and  ordain  the  Justices  of  Peace  of  each  district,  w'  the 
constables  of  each  parioch  to  survey  all  the  public  roads  w'in  the 
haill  parioches  of  the  sd  shyrc,  such  as  lead  to  the  head  burgh  of  the 
shyre,  any  seaport  town  wlin  the  shyre,  to  ye  parioch  churches  and 
all  oyr  public  places,  and  when  the  sds  roads  are  not  twenty  foot 
broad,  as  appointed  by  ye  38  act,  i  Sess.  i  Par.,  Cha.  2d.,  and  head 


BY    ALLAN     RAMSAY 


JAMES,    LORD    DESKFORD.  331 

rigg  &  casey,  or  where  the  repairing  of  calseys  or  ridges  is  needfull, 
and  to  report  the  same  and  in  what  condition  they  are  presently  and 
what  mony  will  be  requird  for  making  them  sufficient,  by  and  attour 
the  services  which  each  parioch  are  obligd  to  give  by  law ;  and  in 
the  meantyme  appoint  the  Justices  of  Peace  to  cause  the  constables 
oversee  and  sett  about  mending  such  of  the  sds  highwayes,  as  can  be 
repaird  by  the  services  due  by  ye  rexive  parioches  by  law,  and  to 
interpose  their  authority  for  putting  the  laws  in  exccu°n  agt.  such  as 
are  negligent  in  attending  and  assisting  to  repair  the  sd  highwayes  by 
the  intima°n  of  any  two  the  Justices  of  the  Peace  at  the  rexive 
parioch  churches :  And  recommend  it  to  Glassaugh,  and  ffarsken,  and 
Troup  to  oversee  the  repairing  the  ways  w'in  the  district  Banff  and 
Cullen  and  all  below  Keith ;  and  to  Carron,  Coll.  Grant  and  Captain 
James  Grant  to  oversee  the  repairing  the  highwayes  of  the  shyre 
above  Keith.  . 

DESKFOORD. 

JAMES,  LORD  DESKFORD. 

Lord  Ueskford,  who  presided  at  the  meeting  on  I5th  May  1718,  was 
the  eldest  son  of  the  Chancellor  Earl  of  Findlater  and  Seafield.  He 
was  born  in  1689.  In  1699-1700  his  father  entered  him  at  Marischal 
College,  Aberdeen,  in  the  records  of  which  he  is  styled  nobilissimus 
Jacobus  de  Deskford.  He  studied  under  Mr.  George  Peacock,  regent, 
whose  prelections  ran  through  the  encyclopaedic  course  of  logic,  physics, 
arithmetic,  geometry,  moral  philosophy  and  economics.  He  was  of  a 
studious  and  serious  character.  His  private  tutor,  William  Blake, 
writing  on  7th  March,  1701,  giving  an  account  of  a  fight  between  the 
students  of  Kings  and  Marischal  Colleges,  says : — "  As  to  the  rupture 
between  the  colledges  it  was  truely  very  dreadfull,  for  gentlemens  sons 
in  both  were  in  hazard  of  their  lives  evry  hour  for  8  or  ten  dayes 
together,  but  now  blessed  be  God  all  differences  amongst  the  students 
are  composed.  The  Master  judged  them  both  fools,  and  never  thought 
of  sydeing  with  either  of  them."  He  went  to  Utrecht  University  in 
1705,  where  he  made  very  good  progress  in  French,  History,  and  Law. 
There  too  the  serious  and  religious  strain  in  his  character,  which  he 
inherited  from  his  mother,  kept  him  out  of  the  usual  rowdy  student 
life.  His  tutor,  writing  to  his  father  on  igth  June  1705,  tells  how 
"  My  Lord  Deskford  lives  in  good  friendship  and  correspondence  with 
the  English  and  Germans  here,  he  walks  in  the  fields  with  them, 
converses  in  coffee  housses,  receives  and  returns  their  visits,  but 


332  RECORDS   OF   THE   COUNTY   OF    BANFF. 

never  goes  allong  to  the  tavern,  nor  ever  makes  a  pairt  in  their 
night  caballs.  They  doe  not  generally  apply  themselves  to  any 
study."  As  Lord  Deskford  or  rather  Deskfoord,  as  he  writes  it 
in  his  large  and  beautiful  handwriting,  he  took  an  active  part  in 
the  government  of  the  county  from  1709  to  1721,  and  was  almost 
invariably  elected  preses  of  every  county  meeting  that  he  attended. 
His  father  had  been  one  of  the  strongest  supporters  of  the  Revolution 
settlement,  and  had  carried  the  Union  of  the  Parliaments  of  Scotland 
and  England,  though  later  in  1713,  owing  to  his  disapproval  of  the 
Malt  Tax  as  applied  to  Scotland,  and  of  other  measures  passed  by  the 
United  Parliament,  he  had  moved  and  nearly  carried  in  the  Lords  its 
repeal.  After  the  death  of  Queen  Anne,  on  ist  August  1714,  and  on  the 
eve  of  the  Rebellion  of  1715,  Lord  Deskford's  loyalty  to  the  new 
Government,  probably  on  account  of  his  connexion  with  his  wife's 
relatives,  the  Hays  of  Kinnoul,  one  of  whom,  Col.  Hay,  was  "out,"  was 
suspected,  and  he  was  for  a  short  time  confined  a  prisoner  in  Edinburgh 
Castle.  He  had  previously  presided  at  a  meeting  of  Commissioners  of 
Supply  of  the  County  of  Banff  held  on  i5th  August  1714,  twelve  days 
after  the  Queen's  death,  and  after  the  news  of  it  had  travelled  north. 
At  that  meeting  steps  \\ere  taken,  on  the  recommendation  of  the  Lords 
of  Justiciary,  to  put  the  county  in  a  position  of  defence  should  any  rising 
in  the  Highlands  in  favour  of  the  exiled  Stuarts,  as  was  apprehended, 
take  place.  This  would  be  all  in  favour  of  the  sincerity  of  his  loyalty. 
The  truth  would  seem  to  be  that  contemporaneous  with  the  right-about 
face  movement  of  the  Earl  of  Mar,  who  acclaimed  George's  accession 
in  1714  and  raised  the  standard  for  the  Stuarts  on  6th  September  1715, 
everybody  in  Scotland  was  more  or  less  suspect.  We  find  Deskford  next 
presiding  at  a  meeting  of  the  Commissioners  of  Supply  of  the  County 
on  I5th  May  1716.  To  him  more  than  to  any  one  Banffshire  owed 
the  progressive  policy  of  road  management  inaugurated  in  1718. 
On  succeeding  to  his  father  in  1734  he  was  appointed  one  of  the  Lords 
of  the  Police,  and  three  years  later  he  was  appointed  Vice-Admiral  of 
Scotland.  He  died  at  Cullen  House  on  gth  July  1764. 

BRIDGE  BUILDING  IN  ST.  FERGUS. 

On  the  i5th  day  of  May  1719  the  Justices  again  met  at  Banff  under 
the  presidency  of  Lord  fforglan.  There  were  present:  —  My  Lord 
fforglan,  Provost  Scott,  Kinairdy,  Troup  Eldr,  and  Kincardine.  That 
day  Troup  Elder  called  attention  to  the  building  of  a  bridge  in  St. 
Fergus  parish  (a  parish  long  administered  as  an  integral  part  of  Banff- 
shire)  by  William  ffraser  of  Broadland,  and  the  meeting  agreed  to  pay 
Broadland  his  outlay.  In  regard  to  the  maintenance  of  the  highways 
of  the  county  the  Justices  further  resolved  as  follows : — 

The  saids  Justices  of  Peace,  all  the  heritors,  and  others  within  the 


ALEXANDER    OGILVIE,    LORD    FORGLEN.  333 

shyre  of  Banff  to  cause  their  respective  tennents  and  sevtts  cleanse 
the  highways  of  stones,  and  repair  the  same  in  the  terms  of  the  acts  of 
Parliatt  and  their  former  acts  made  thereanent,  and  appoint  intima°ns 
to  be  made  publicly  through  the  shyre  for  that  effect. 

ALEXR.  OGILVIE,  LORD  FORGLEN. 

Lord  Forglen,  who  was  usually  chosen  preses  of  the  meetings  of  the 
Commissioners  of  Supply  in  the  absence  of  Lord  Deskford,  was  the 
second  son  of  the  second  Lord  Banff,  and  is  said  to  have  been  born 
about  1660.  Related  to  the  family  of  Findlater,  he  was  a  frequent 
correspondent  of  theirs,  and  several  of  his  letters  are  included  in 
"  Seafield  Correspondence."  '  Through  the  influence  of  his  cousin,  the 
Viscount  Seafield,  he  was  appointed  in  1699  Deputy  Keeper  of  His 
Majesty's  Signet.  On  I3th  March  1700  he  got  sasinc  of  the  family 
lands  of  Forglen  and  part  of  Inchdrewer.  In  June  1701  he  was  created 
a  Baronet,  with  the  style  of  Sir  Alexander  Ogilvie  of  Forglen.  At 
Michaelmas  that  year  he  was  enrolled  in  the  County  suite  roll  for 
Forglen.  At  the  election  on  6th  October  1702  of  young  Boyne  and 
Bracco  as  Commissioners  of  the  shire,  when  Seafield's  nominee,  Sir 
James  Abercrombie,  seems  to  have  retired  from  the  contest,  Forglen 
led  the  Seafield  opposition.  At  a  meeting  of  Commissioners  of  Supply 
of  Banffshire  on  I5th  October  1702  he  took  the  oaths  of  allegiance  to 
Queen  Anne.  He  sat  in  the  Scots  Parliament  from  1702  until  the 
Union  in  1707  as  Commissioner  for  the  Royal  Burgh  of  Banff,  and 
it  was  made  a  condition  of  his  election  early  in  1702  that  he  should 
receive  no  pay,  and  that  he  should  "  procure  ane  letter  from  the  Duck 
of  Gordone  that  his  Grace  is  satisfied  Forglen  is  his  friend."  Owing  to 
the  influence  of  his  powerful  relative,  the  Chancellor  Earl  of  Seafield, 
he  eschewed  the  Jacobite  tendencies  of  the  House  of  Gordon,  and 
received  in  consequence  rapid  advancement.  He  actively  supported 
the  union  of  the  Parliaments,  and  was  appointed  one  of  the  Com- 
missioners for  the  treaty.  On  2gth  March  1706  he  was  made  a  Judge 
of  the  Court  of  Session,  and  took  the  title  of  Lord  Forglen.  Writing 
of  a  vacancy  in  the  Scots  bench  in  1700,  a  correspondent  of  Carstares 
remarked — "  My  Lord  Seafield  is  for  all  of  them  [the  candidates]  till 
the  Parliament  sits,  and  then  for  his  cousin  Forglan  when  it  is  over."2 
It  was  probably  owing  to  his  influence  that  his  brother,  the  third  Lord 
Banff,  a  Jacobite  and  Roman  Catholic,  came  into  line  with  the  Govern- 
ment at  the  time  the  union  was  carried. 

In  the  troubled  times  after  the  death  of  Queen  Anne,  on  1st 
August  1714,  he  took  an  active  part  in  the  county  government  of 

'"Seafield  Correspondence,"  Scottish  History  Society,  1912,  passim. 
*  Carstares  State  Papers  and   Letters,  p.  612. 


334  RECORDS   OF  THE   COUNTY   OF   BANFF. 

Banffshire.  He  was  present  at  the  meeting  of  Commissioners  of 
Supply  when  the  cess  was  voted  on  i4th  August  1714,  and  when 
measures  were  taken  to  put  the  county  in  a  state  of  defence  against  an 
apprehended  rising  in  the  Highlands  in  favour  of  the  Stuarts.  He 
presided  at  a  special  meeting  of  Commissioners  of  Supply  and  Justices 
of  the  Peace  on  ist  September  1714,  when,  owing  to  the  death  of  the 
Justice  of  Peace  Clerk,  Patrick  Lesly  of  Melross,  he  was  asked  to  write 
Lord  Findlater  that  those  present  "  would  have  qualified  yfnselves  and 
given  orders  to  oyrs,  but  the  want  of  a  clerk  impeded  them."  He  was 
present  at  the  meeting  on  I5th  May  1716,  after  the  rising  had  been  put 
down,  when  the  cess  was  imposed ;  and,  down  to  1723,  he  took  an 
active  part  in  the  county  government.  He  was  succeeded  by  his  son, 
Captain  Alexander  Ogilvie,  and  his  grandson,  Sir  Alexander  Ogilvie, 
became  seventh  Lord  Banff.  He  died  on  3oth  March  1727. 

CODE  OF  ROAD  MANAGEMENT,  1721. 

The  more  or  less  general  orders  and  the  directions  of  the  Justices  in 
1718  and  1719  do  not  seem  to  have  been  very  effective.  In  1718  the 
county  was  roughly  divided  into  two  districts,  an  upper  and  a  lower 
one,  much  as  it  is  at  present ;  and  the  roads,  which  appear  to  have 
been  in  a  very  bad  condition,  in  each  district  were  put  under  the 
general  direction  of  three  heritors,  who  gave  their  services  gratuitously. 
This  did  not  obtain  long.  The  tentative  division  into  two  districts  was 
given  up  in  1721.  A  salaried  general  overseer,  as  well  as  more  stringent 
and  more  detailed  regulations  for  road  management,  together  with 
funds  from  a  county  road  rate,  were  soon  found  to  be  necessary,  if  the 
highways  were  to  be  effectually  made  and  repaired,  and  necessary 
bridges  were  to  be  built.  The  county  authorities  were  ready  to  press 
these  reforms  forward.  With  the  imposition  of  a  road  vote  the 
Commissioners  of  Supply,  as  such,  came  to  the  front,  and  the  Justices 
receded  into  the  background. 

On  the  6th  October  1721  the  Commissioners  of  Supply  of  the 
county  met  at  Banff,  under  the  presidency  of  Lord  Deskford.  There 
were  present : — My  Lord  Deskfoord,  Sr  Alexr  Ogilvy  of  fforglan,  Alex. 
Abercromby  of  Glassaugh,  Mr.  Andrew  Hay  of  Monblary. 

The  sd  day  the  sds  Commissioners,  taking  to  their  considera°n 
that  the  Comissrs  &  oyrs  w'in  this  shyre  are  lyable  to  be  prosecute  for 
their  remissness  in  not  repairing  the  highwayes  and  roads  in  the  terms 
of  the  sevll  acts  of  Parliat  made  theranent,  doo  therfor  ordain  in- 
timates to  be  issued  out  of  the  sevll  paroch  churches  w'in  this  shyre 
requireing  all  Heritors,  Commssrs  of  Supply  and  Justices  of  the  Peace 
and  others  lyable  to  repair  the  highwayes  to  meet  att  Banff  upon  ffryday 


CODE    OF    ROAD    MANAGEMENT,    1721.  335 

the  thirteenth  instant,  in  order  to  consider  the  most  effectuall  measures 
for  repairing  the  sds  highwayes  in  the  termes  of  the  acts  of  Parliat 
made  thereanent,  and  likewayes  appoint  the  constables  of  each  paroch 
to  attend  the  sd  court,  and  give  in  parlar  account  of  such  roades  and 
bridges  as  want  to  be  repaired  w'in  their  respective  paroches,  and 
ordaines  the  expense  of  this  present  intima°n  to  be  payed  out  of  the 
first  fonds  to  be  appointed  for  the  repara°n  of  the  sds  highwayes. 

DESKFOORD. 

A  week  later  the  Commissioners  of  Supply  of  Banffshire,  who  were 
the  sole  authority  in  the  county  entitled  to  impose  a  county  rate,  and 
Heritors  met  at  Banff  on  I3th  October  1721,  under  the  presidency  of 
Lord  Deskford :  Present — My  Lord  Deskfoord,  My  Lord  fforglan,  the 
Lairds  of  Bracco,  Glassaugh,  Ardmellie.  The}-  recommended  the 
imposition  of  a  road  rate,  appointed  a  salaried  general  overseer,  and 
drew  up  the  following  code  of  road  management  for  the  count}- : — 

The  Comysrs  of  Supply  and  heretors  having  met  in  obedience  of 
there  last  act,  dated  the  sixth  day  of  Octr.  instant,  and  takeing  to  their 
consideration,  and  being  fully  informed  from  the  respective  pairts  of  the 
shyre,  that  it  is  absolutely  impossible  to  make  the  necessary  repara°ns 
of  the  highwayes  w'out  imposcing  the  ten  shillings  Scots  upon  each 
hundred  pounds  valued  rent  allowed  by  act  of  Parliament,  and 
appointing  a  grail  overseer  as  wel  as  the  particular  ones  in  each 
paroch,  they  did  unanimously  come  to  the  following  resolutiones : 

Resolved:  That  two  pence  halfpenny  sterl.  be  collected  quarterly 
upon  each  hundred  pound  valued  rent  w'  the  cess,  ay  and  while  the 
necessary  repara°nes  be  made,  and  that  the  sd  two  pence  halfpenny 
doe  commence  to  be  payed  the  first  of  December  next  with  that  terms 
cess,  and  that  the  Clerk  of  Supply  issue  out  intima°nes  conformc. 

Resolved :  That  whoever  shall  be  named  the  Generall  Surveyor 
be  allowed  of  salary  one  hundred  pounds  Scots  p.  annum,  and  half-a- 
croun  a  day  whenever  he  shall  be  oblidged  to  travell  bwn  or  attend 
the  sds  works,  and  that  the  sallary  commence  from  the  15  da}-  of 
May  next. 

Resolved :  That  out  of  the  first  and  readiest  of  said  money  there 
be  four  pretty  large  swayes  and  eight  hand  gavelocks,  twelf  pulayes 
and  twelf  yron  spades  bespoke  and  bought. 

Resolved :  That  ther  be  two  overseers  appointed  in  each  paroch, 
who  are  to  attend  the  workmen  of  the  said  paroches  day  about  by 


336  RECORDS    OF   THE    COUNTY   OF    BANFF. 

turns,  who  shall  be  putt  on  oath  to  give  ane  account  of  all  persons 
oblidged  to  work  by  act  of  Parliament,  that  when  they  shall  be  absent 
for  a  whole  day,  or  any  part  yrof,  they  may  be  fyned  accordingly. 

Resolved :  That  betwixt  and  the  day  of  the  session 

clerks  and  elders  of  each  paroch  doe  give  in  a  list  of  all  tennents, 
their  men  servants,  cottars,  crofters,  &  grassmen  (Lords  and  boyes  that 
drives  horses  excepted,  except  such  as  hade  the  plough  and  threshes) 
w'in  their  respive  paroches,  that  it  may  be  the  more  easily  known 
who  shall  absent  themselfes  from  working  att  the  roads,  after  the 
public  intima°n  shall  be  given  for  attendance. 

Resolved :  That  wher  any  bridge  or  caulsey  is  to  be  made  w'in 
any  paroch,  the  tennents  of  the  sd  paroch  shall  load  the  stones,  lyme, 
sand,  and  other  materialls  necessary  for  the  same,  and  the  lyme  and 
masson  work  is  only  to  be  payed  out  of  the  generall  charge. 

Resolved :  That  wher  bridge  or  caulsey  is  to  be  made  on  the 
confines  of  two  paroches  that  both  paroches  shall  contribute  equally 
for  loading  stone,  lyme,  sand  and  oyr  materialls  necessary  for  the 
same,  and  the  lyme  and  masson  work  to  be  payed  as  above. 

Resolved :  That  William  Syme,  merchant  in  Banff,  be  appointed 
overseer  for  the  space  of  a  year,  and  that  he  provide  the  swayes,  gave- 
locks,  pules  and  spades  as  above ;  as  also  call  for  the  lists  from  the  svall 
session  clerks  of  the  respive  paroches  as  above ;  as  also  that  with 
all  conveniency  he  doe  informe  himself  of  the  proprest  persons  in 
each  paroch  to  be  appointed  overseers  therin ;  and  that  by  the  advice 
of  the  heritors  in  each  paroch  he  review  and  consider  all  the  publick 
roads  in  each  paroch,  and  what  bridges  and  caulseyes  will  be  needfull 
in  each  paroch,  and  call  workmen  to  know  what  expense  will  be  need- 
full  above  the  materialls  chargeable  upon  the  paroch,  and  to  prepare  a 
state  therof  agst  the  15  day  of  May  next,  for  which  paines  and  expenses 
the  Commissioners  present  promise  him  payment  and  a  sufficient 
reward. 

Resolved :  That  as  he  passes  by  the  sds  highwayes  he  doe  take 
notice  where  encroachments  are  made  upon  the  sds  highwayes,  ether 
for  want  of  head  ridges  or  by  bringing  down  the  ends  of  ridges  too  farr 
upon  the  highwayes ;  and  that  the  sd  William  Syme  doe  issue  out 
intima°n  in  name  of  the  sds  Commissioners  requireing  all  persons  to 
observe  the  directions  given  by  them  anent  the  highwayes  and 


PARISH     OVERSEERS.  337 

repara°ns  to   be   made,  and  likewayes   that   intima°nes   be   given   for 
cleanseing  the  roads  of  all  loose  stones. 

Resolved :  That  wheras  there  is  nothing  more  destructive  to  all 
maner  of  improvement  than  throwing  doun  ditches  dykes  and  hedges, 
makeing  foot  roads  and  cutting  of  planting :  Ordered  that  the 
intima°ne  be  issued  out  in  the  termes  of  the  acts  of  Parliament  made 
theranent,  and  that  the  penaltyes  shall  be  rigorously  exacted  and 
applyed  to  the  repara°n  of  the  highwayes. 

Resolved :  That  intima°ns  be  issued  to  all  paroches  for  loading  of 
stones,  sand  and  lyme  for  all  bridges  that  are  already  built  for  keeping 
them  in  order,  and  likewayes  that  intima°nes  be  made  for  carying 
stones  and  sand  to  such  caulseyes  and  bridges  wher  ther  is  an  absolute 
necessity  of  repairing  or  new  building.  And  it  is  hereby  declared  that 
the  expenses  of  writeing  and  disperseing  the  haill  above  intima°nes 
and  all  other  necessary  expenses  anent  the  haill  premises  to  be  waired 
out  by  the  said  William  Syme  are  to  be  allowed  to  him. 

DESKFOORD,  P. 

IMPOSITION  OF  A  ROAD  RATE. 

At  the  Head  Court  of  the  shire,  held  on  the  i6th  May  1722,  under 
the  presidency  of  Lord  Forglen,  present — Lord  fforglan,  Glassaugh, 
Achoynany,  Kynairdy,  Provost  Stewart,  Mountblairy  —  the  Commis- 
sioners of  Supply  imposed  for  the  first  time  on  each  £100  of  valued 
rent  of  the  county  ten  shillings  Scots,  as  allowed  by  act  of  Parliament, 
for  repairing  the  highways  of  the  county.  This  rate,  amounting  to 
lod.  sterling,  with  the  exception  of  a  short  interval  following  the 
troubled  times  of  1745,  viz.,  from  1747  to  1750,  continued  to  be 
imposed  every  year  until  the  middle  of  the  nineteenth  century,  and 
annually  yielded  the  sum  of  £33  sterling.  This  may  appear  a  small 
sum,  but,  coupled  with  the  statute  labour,  it  was  until  1804,  apart  from 
private  effort,  all  that  was  available  for  the  making  and  maintenance  of 
the  roads  and  bridges  within  the  county.  The  rate  produced  a  fund 
from  which  the  general  overseer  was  paid,  tools  for  road  making  and 
materials  and  skilled  labour  for  bridge  building  and  causewaying  of  bad 
parts  of  roads  were  purchased  and  hired ;  and  the  records  of  the 
county  show  that,  though  small,  this  road  rate  went  far,  and  produced 
wonderful  results. 

PARISH    OVERSEERS. 

The  first  general  overseer,  William  Syme,  Senior  Bailie  of  Banff 
and  Sheriff  Depute  of  the  County,  did  not  continue  in  office  long.  At 

s  2 


338  RECORDS  OF  THE  COUNTY  OF  BANFF. 

the  same  Head  Court  he  gave  in  his  resignation,  and  for  some  time  no 
successor  was  appointed.  In  terms  of  the  resolution  of  I3th  October 
1721,  the  following  parish  overseers,  who  were  to  give  their  services  for 
nothing,  were  appointed  on  i6th  May  1722  to  superintend  the  highways 
in  each  parish  : — 

For  the  paroch  ot  Gamrie — Laird  of  Troup  and  William  Duff. 
Banff  and  Alvah — Bachlaw,'  Alexr.  Bisset,  and  Alex.  Mill. 
Forgland — Geo.  Robertson  in  Ribra. 

rp  \  [Sir  James  Dunbar,  Glassaugh,  Tillinaught2 and  Geo.  Mackie. 


ffordyce  - 

Deskfoord — Drumwhindle.3 

Raffan — Ranas  and  ffindochtv.4 

Bellie — Laird  of  Buckie. 

Ordewhill — Mr.  Coupland. 

Marnoch,  Rotheymey,  and  Inverkethny — Ardmelly,  Mr.  Hamiltoun,  and 

Glassaugh. 
Grange  and  Keith — Kdengeith,  Muriefold5,  Peter  Gordon,  Bonhall. 

^Lesmurdie,  6  Recletich,7  and  Tullich. 
Mortlach  — j 

-  Laird  of  Arndille,  8  Anderson  of  Newtoun. 
Boharm       — j 

Inneravine — Colonel  Grant  and  Tomnavillian. 
Kirkmichall — James  Grant  of  Ruthven. 

The  detached  parishes  of  St.  Fergus  and  Fetterangus,  Straloch  and 
part  of  Gartly  in  Aberdeenshire,  arc  not  mentioned  in  the  above  list ; 
but  for  long  the  roads  of  those  parts  were  managed  by  the  Banffshire 
county  authorities. 

The  more  particular  duties  of  these  parish  overseers  were  to 
convene  the  country  people  to  work  on  the  roads,  and  to  oversee  them. 
They  were  also  directed  to  give  in  an  account  in  writing  of  the  work  so 
done  on  the  roads,  and  of  the  people  who  were  deficient  in  coming 
out  to  perform  the  statute  labour,  so  that  deficients  might  be  prosecuted. 
They  were  also  empowered  to  procure  the  tools  necessary  for  such 
work  as  was  being  carried  on. 

From  the  minute  of  meeting  of  the  Commissioners  of  Supply  of 
2nd  May  1723,  when  there  were  present  My  Lord  fforglen,  Troup  yor., 
Kinairdy,  Auchoynany,  Edengeith  yor.,  Lesmurdy,  Provost  Stuart, 
Tulloch,  Montblery — a  glimpse  is  got  of  the  indefiniteness  of  the  lines 

'\\illiamOgilvie.     "Archibald  Uunbar.     3  John  Gordon.     4John  Ord.     5  Thomas  Innes. 
6  Alex.  Stewart.     '  Robert  Gumming.     8  Thomas  Grant. 


MAIN    LINES   OF    ROAD    MADE    OUT. 


339 


of  roads  leading  through  the  county.  It  is  therein  stated  that  they 
appoint  the  rexive  heretors  to  stop  the  byways  leading  through  their 
lands  that  travellers  may  keep  the  public  roads,  and  appoint  them  to 
give  in  lists  of  the  transgressors  that  go  by  the  sd  byways  that  they 
may  be  prosecuted.  At  this  meeting  the  Collector  was  ordered  to 
disburse  the  first  highway  money  specifically  voted  for  roads,  and  the 
honour  belongs  to  Auchoynany  (Thomas  Grant,  the  patron  of  James 
Fergusson,  the  astronomer),  who  was  repaid  £4  12s.  Scots  very  profitably 
laid  out  by  him  for  repairing  the  highways  in  the  paroch  of  Boharm. 

It  is  not  to  be  inferred  from  the  resignation  of  the  general  overseer 
and  the  appointment  of  parish  overseers  that  the  system  of  road 
making  in  the  county  was  of  a  parochial  nature.  The  Justices  and 
Commissioners  of  Supply  had  a  well  defined  policy  of  road  and  bridge 
building  and  maintenance  ;  and  the  lines  of  roads  authorised  had  a 
very  definite  relation  to  the  needs  of  the  population  of  the  county. 
Naturally  the  roads  in  the  lower  end  of  the  county,  which  was  more 
populous  than  the  upper  end,  received  more  attention  at  first.  The 
following  minute  is  the  first  one  that  deals  with  the  particular  lines  of 
road  that  were  required  by  the  authorities  to  be  made  out  and 
maintained  by  statute  labour;  and  these  roads,  though  not  in  the  exact 
lines,  remain  to  the  present  day  main  thoroughfares  in  the  county. 

MAIN  LINES  OF  ROAD  TO  BE  MADE  OUT. 

SEDERUNT   of    the   Justices  of   the    Peace  and   Commissioners   of 
Supply  mett   at    Banff  the  Twenty   fourth   day  of    September 
lajvij0   and    twenty    three  :     Present  —  Glassaugh,    Kinnairdie, 
Kempcairne,    the    Provost     of     Banff,    and    William     Duff- 
Glassaugh,  preses. 

The  sd  Commissioners  and  Justices  present  appoint  that  the  roads 
leading  from  Banff  to  Keith  and  from  Keith  to  Portsoy  be  the  first 
repaired  by  the  parishes  thorrew  which  they  pass ;  and  that  the 
hereters  and  overseers  of  the  roads  wtin  the  said  parishes  doe  against 
the  head  court  day  of  the  shyre,  being  ffriday  the  ffourth  of  October 
next,  bring  in  a  list  of  such  bridges  and  caussies  as  will  be  necessary  for 
the  said  roads  wt  ane  estimate  what  will  be  the  charge  yrof :  and  that  the 
road  from  Newtoun  of  Park  joyning  the  sd  highway  from  Keith  to 
Banff  may  be  at  the  same  tyme  repaired,  and  in  the  meantime  that  the 
overseers  direct  the  leading  of  sand  and  stones  necessary  for  the  sds 
bridges  and  cassways.  The  next  thing  the  Justices  appoynt  that  the 


340  RECORDS   OF  THE   COUNTY  OF   BANFF. 

most  convenient  road  from  Marnon  Kirk  to  Banff  be  repaired  in  the 
same  manner ;  and  whereas  there  is  some  dispute  which  may  be  the 
best  and  nearest  way,  the  Commissioners  present  doe  recomend  to  Sir 
James  Gordon  of  Park,  William  Duff  of  Tulloch,  the  Provost  of  Banff, 
and  Baillie  Syme,  wt  the  heretors  in  the  sd  parishes,  to  determine  the 
way  the  sd  road  is  to  be  made  in.  The  Third  road  they  appoynt  to  be 
repaired  is  that  road  from  Cullen  to  Banff  by  Portsoy  Durn  and 
Smiddyboyne ;  and  that  the  parish  of  ffordyce  doe  immediately  sett 
about  leading  of  stones  necessary  for  a  bridge  on  the  Burn  of  Durn  at 
Burnsyde  and  for  a  bridge  at  Smiddyboyn,  as  also  for  calsey  at  the  pass 
a  little  below  the  house  of  Durn ;  and  in  the  meantyme  that  George 
Mackie  shall  be  payed  what  charges  he  is  at  in  keeping  the  bridges  of 
Scotsmilne  and  Boyndie  in  repair.  Quarto  —  That  the  road  from 
Newpark  to  Portsoy  be  repaired  by  the  people  of  the  parish  of  ffordyce 
so  farr  as  goes  throw  the  sd  parish.  The  Justices  do  recommend  to 
Thomas  Donaldsone  that  he  will  take  the  trouble  of  being  one  of  the 
oversiers  for  repairing  the  highwayes  in  the  parish  of  Aberchirder. 
They  also  recomend  to  all  oversiers  of  the  roads  that  they  keep  ane 
exact  list  of  what  people  are  warned  in  for  each  road,  and  who  are 
deficient,  that  they  may  be  ffyned  for  themselves  and  horses  as  the  law 
directs,  to  witt,  that  the  said  oversiers  shall  poynd  those  deficients  so 
farr  as  the  law  allows. 

It  is  appoynted  that  when  the  gentlemen  who  consider  on  the  road 
from  Marnoch  Kirk  to  Banff  may  at  the  same  time  consider  what  is  the 
propcrest  way  from  Marnoch  Kirk  to  Portsoy,  both  by  Newtoun  of 
Park  and  thorrew  Petterdenn. 

ALEX.  ABERCROMBIE,  I.P.C. 

THE  ROAD  FROM  BANFF  TO  MARNOCH  KIRK,  ETC. 

At  the  next  meeting  of  Commissioners  of  Supply  held  at  Banff  on 
4th  October  1723,  under  the  presidency  of  Bracco :  Present — Bracco, 
Rothiemay,  Glassaugh,  Kempkairn,  Ballnoon,  Tillienaught,  the  Provost 
of  Banff — the  line  of  road  from  Banff  to  Marnoch  Kirk  was  fixed. 

The  minister  of  Marnoch  was  reminded  in  connexion  with  his 
account  for  repairing  the  bridge  upon  the  Burn  of  Auchintoul,  that  he 
could  charge  only  the  prime  cost  of  the  necessary  lime  at  the  kiln, 
because  under  the  statute  labour  acts  the  country  people  were  bound  to 
cart  it  to  the  work. 


THE    BRIDGE    OF    AUCHINTOUL. 


341 


The  said  day,  in  consequence  of  the  last  sederunt  appointing  a 
quorum  of  the  Comrs.  to  visit  the  road  leading  to  Marnoch  Kirk,  and 
report  to  this  meeting  which  is  the  most  convenient  road  to  be  repaired, 
Sir  James  Dunbar  and  Capt.  Alexr.  Abercromby  reported  to  the  meeting 
that  they  had  visited  the  said  road  wt  Sir  James  Gordon,  Kinairdie,  and 
John  Hamilton,  and  declaired  that  the  only  proper  best  and  nearest 
road  to  be  repaired  from  Banff  to  Marnoch  Kirk  is  the  road  that  goes 
the  calsey  of  Corsky  and  the  Miln  of  Auchintoul,  and  the  Commissrs 
appointed  that  road  to  be  accordingly  repaired.  And  they  name  and 
appoint  Peter  Gordon  of  Ardmelly  to  be  also  one  of  the  overseers  for 
repairing  the  sd  road  and  the  other  roads  in  Marnoch  parish ;  and  they 
appointed  in  case  of  difference  among  the  overseers  that  the  deter- 
mina°n  of  two  of  them  shall  over-rule  and  be  obeyed  by  the  other 
overseer  and  the  county  people.  The  said  Commissioners  appoint  John 
Abernethy  of  Meyan  and  the  sd  John  Hamilton  to  be  sole  overseers 
for  repairing  the  roads  from  Marnoch  Kirk  to  the  Bridge  of  Millegen, 
and  particularly  that  road  from  Tillydown  through  the  Quoir;  and 
they  appoint  the  sds  John  Abernethy  and  John  Hamilton  and  Thomas 
Innes  in  Bracco  overseer  for  the  parish  of  Grange  to  be  joynt  overseers 
for  repairing  the  Bridge  of  Millegin,  and  they  appoint  them  to  start  and 
call  in  horses  for  leading  lyme  sand  and  stones  and  other  materials  for 
building  and  repairing  the  sd  Bridge  of  Millegen ;  and  the  Comrs  are 
to  refound  and  pay  the  pryce  of  the  lyme  and  timber  and  the  masons 
wages,  that  shal  be  employed  by  the  sd  overseers  to  build  the  sd 
bridge  out  of  the  money  stented  on  the  shyre  for  repairing  highways 
and  bridges. 

The  sds  Comrs  appoint  the  overseers  of  the  parish  of  ffordyce 
forthwith  to  sett  about  repairing  the  road  that  leads  from  Banff  to  Keith, 
so  far  as  its  wtin  the  sd  parish,  untill  it  joyn  wt  the  parish  of  Grange, 
and  to  report  their  dilligence  to  the  next  meeting  under  the  pain  of 
being  prosecute  for  negligence. 

There  being  a  petition  from  the  minister  of  Marnoch  for  repaying 
him  the  charges  of  repairing  the  bridge  upon  the  Burn  of  Auchintoul 
conform  his  acntt  given  in,  they  fynd  that  the  lyme  should  only  be 
charged  at  the  prime  coast  at  the  killns,  in  respect  the  country  people 
are  oblidgd  to  carry  it,  and  they  allow  no  wages  to  barrowmen  above 


342  RECORDS    OF   THE    COUNTY    OF    BANFF. 

the  rate  of  two  pecks  of  meal  and  twelve  shilling  Scots  in  the  week; 
and  they  desyre  Rothemay  and  Meyan,  wt  any  one  or  more  of  the 
heriters  of  Marnoch  parish,  to  inspect  the  sd  bridge,  and  if  they  find  it 
sufficient  appoint  them  to  give  Mr.  Chalmers  a  precept  on  the  Collr  of 
the  Supply  for  the  sum  contained  in  his  acntt,  wt  the  deductions  anent, 
and  what  other  deductions  they  judge  reasonable,  when  they  inspect  the 
work ;  and  they  recommend  to  the  overseers  of  the  roads  in  Marnoch 
parish  to  load  sand  and  heather,  and  carry  on  the  road  from  the 
Petterden  to  Marnoch  Kirk  as  far  as  necessar,  untill  it  be  sufficient  so 
as  it  may  be  passable  in  winter.  WILLIAM  DUFF, 

At  this  time  Baillie  Syme,  the  old  overseer,  had  fallen  under  a  cloud. 
The  Commissioners  of  Supply  at  their  meeting  on  yth  May  1724 : 
Present — Sir  James  Gordon,  Bracco,  Rothiemay,  Kinnardie,  Rannes, 
ffarskane,  Edengight,  Knockorth,  Mountblearic,  Tulloch  (Wm.  Duff) — 
Bracco  preses,  after  imposing  the  highway  money,  ordain  Baillie  Syme 
to  have  the  tools,  which  was  bought  for  the  shyres  use  in  his  hands, 
against  that  time  [28th  of  this  said  month] ,  in  order  the  Committee  [Sir 
James  Gordon,  Bracco,  the  Provost  of  Banff,  and  William  Duff  of 
Tulloch]  may  give  them  out  to  the  overseers  of  the  highways  as  they 
shall  find  convenient  upon  receipt. 

The  Commissioners  of  Supply  on  2nd  October  1724:  Present — Sir 
James  Gordon  of  Park,  Bracco,  Rothiemay,  Achynonie,  Troup,  Tullich, 
Lesmurdie,  and  Kinnardie — Bracco  preses,  appoynt  Sir  James  Gordon 
and  Bracco  to  be  joynt  ovcrsiers  for  repairing  the  highwayes  in  the 
parishes  of  Banff,  ftbrdyce,  Boyndie,  and  Ordiewhill. 

Though  there  was  some  activity  on  the  part  of  the  county  gentlemen 
in  bridge  building,  the  system  of  road  management  by  gratuitous  parish 
overseers  soon  broke  down. 

SEDERUNT  of  the  Commissioners  of  Supply  mett  at  Banff  the 
seventh  of  May  Iajvijc  and  twenty  five  years :  Present — Bracco, 
Achoynanie,  Rannes,  Monblairie,  Kinnardie,  the  Provost  of 
Banff,  Tullich,  Lesmurdie,  Edengeith — Bracco  preses,  Sr.  Ja: 
Dunbar. 

Thereafter  Mr.  Archibald  Ogilvie  of  Rothiemay,  haveing  now  in 
terms  of  his  former  application  and  the  Commissioners  appointment 


BY   ALLAN    RAMSAY 


BRIDGE    BUILDING. 


343 


given  in  ane  estimate  of  the  charges  for  building  ane  bridge  upon  the 
Burn  of  Millegen  leading  from  Rothiemay  to  Bracco,  extending  to  one 
hundred  eighty  nyne  pounds,  they  find  the  sd  bridge  will  be  very 
necessar,  and  appoint  their  Collector  to  pay  in  the  sd  sum  to  Thomas 
Innes  in  Maynes  of  Bracco  upon  his  recept  yrfore  for  carying  on  the  sd 
work. 

There  being  ane  petition  given  in  by  Lesmurdie  craveing  they  might 
appoint  a  sum  proper  person  in  the  head  of  shyre  for  building  a  bridge 
on  ye  Blackwatter  ;  and  another  by  Edengeith  for  a  bridge  upon  the 
burn  of  Bracco :  They  recommend  to  these  gentlemen  to  make  ane 
estimate  of  the  charges  for  building  the  sd  bridges,  and  report  the 
same  to  the  Commissioners  att  their  next  generall  meeting 

Considering  that  the  repairing  the  highways  is  neglected  by  the 
overseers  who  were  named  because  they  cannot  give  such  attendance  as 
is  requisite  :  They  therefore  recommend  to  these  gentlemen  who  were 
named  in  each  parish  to  appoint  such  persons  under  them  for  overseeing 
and  carrying  on  the  work  as  they  shall  think  most  fitt,  and  to  promise 
them  in  the  Commissioners'  names  that  they  shall  be  reasonable 
rewarded  for  yr  pains. 

They  likewayes  having  considered  a  petition  given  in  by  Charles 
Hay  of  Rannes  for  himself  and  in  name  of  the  other  hcretors  of 
Rathven  parish  craveing  that  there  Collector  might  be  appointed  to 
advance  such  money  as  will  be  necessar  for  building  a  bridge  on  ffoord 
Danett  [PTynett] ,  and  another  by  Kinnardie  for  a  bridge  on  the  burn  of 
Kinnardie  leading  to  Marnoch  Kirk:  They  ffind  these  bridges  necessar, 
and  ordains  Rannes  and  Kinnairdie  to  give  in  estimates  of  the  charges 
to  the  next  meeting. 

Monblaire  haveing  given  in  a  petition  in  name  of  George  ffordyce, 
late  Provost  of  Aberdeen,  craveing  the  Commrs  might  appoint  a  sum  to 
be  payed  by  yr  Collector  for  building  a  bridge  upon  the  watter  of  Ugie, 
they  superceed  giving  any  answer  to  it  till  the  tenth  of  June  next. 

Achoynanie  represented  to  the  meeting  that  the  Bridge  of  Keith 
which  is  upon  the  publick  road  wants  very  much  to  be  repaired ;  they 
recommend  to  him  to  make  ane  estimate  of  what  the  charge  of 
reparation  will  amount  to,  and  give  it  in  to  the  Commrs  at  their  next 
meeting.  WILLIAM  DUFF. 


344  RECORDS  OF  THE  COUNTY  OF  BANFF. 

APPOINTMENT  OF  A  GENERAL  OVERSEER. 

AT  a  meeting  of  Justices  of  Peace  held  at  Banff  on  26  Oct.  1725: 
Present — The  Earl  of  ffindlater,  Bracco,  Glassaugh,  Achoynanie, 
Edengeith,  Tullich,  Recletich,  Kinardie,  Kempcairn — My  Lord 
ffindlater  preses. 

The  Justices,  after  dismissing  an  excise  prosecution  under  the  Malt 
Tax  laws,  considered  a  petition  from  the  heretors  and  tennants  of 
ffetterangus  for  a  sum  to  build  a  bridge  over  the  Ugie.  A  committee, 
consisting  of  Bracco,  Glassaugh,  Troup,  was  appointed  to  see  if  it  was 
necessary  ;  and  to  see  if  Aberdeen  would  contribute  a  share  of  the  cost. 

Lesmurdie  reported  an  estimate  for  building  a  timber  bridge  on 
the  Blackwater;  and  an  advance  of  one  hundred  pounds  Scots  for 
buying  materials  was  authorised. 

Eighty  pounds  Scots  were  voted  to  Sir  James  Dunbar  of  Burn  for 
materials  for  a  bridge  upon  the  Burn  of  Durn,  to  be  laid  out  at 
the  sight  of  yr  oversier  and  George  Mackie. 

Forty  pounds  Scots  were  voted  to  Ardoch  for  repairs  to  the  bridge 
near  the  Kirk  of  Deskford,  to  be  expended  at  the  sight  of  Drumwhindle, 
\Vm  Ord,  and  yr  oversier. 

One  hundred  merks  were  voted  to  Mr.  Chalmers,  Minister  of 
Marnoch,  for  building  a  bridge  on  the  Burn  of  Kinardy  at  the  sight  of 
Kinardie  and  yr  oversier. 

Collennell  James  Innes  haveing  given  in  ane  account  of  fourty  five 
days  that  he  has  attended  by  the  Commrs  order  for  repairing  the 
[roads]  within  the  shyre,  they  appoint  their  Collector  to  pay  to  him  for 
his  pains  and  trouble  fourty  shillings  Scots  for  each  of  the  said  fourty- 
five  dayes  extending  to  nynety  pounds.  The  minutes  of  the  following 
year  show  his  appointment  as  general  overseer  under  the  designation  of 
Capt.  James  Innes. 

RESISTANCE  TO  STATUTE  LABOUR. 

At  a  meeting  of  the  Commissioners  of  Supply  of  the  Sherriffdom  of 
Banff  held  on  5th  May  1726 :  Present — Sir  James  Gordon  of  Park, 
Bracco,  Rothiemay,  Carnousie,  Rannes,  Crombie,  The  Provost  of 
Banff,  Monblairie,  Ardmeallie,  and  Edengeith  —  Bracco  preses  — 
£26  55.  4d.  Scots  were  voted  to  Sir  James  Gordon  of  Park  for 


SALARY    OF    ROAD    OVERSEER. 


345 


casswaying  the  road  from    Culphin  to   Newtoun   of    Park.      Further 
procedure  took  place  regarding  the  Bridge  on  the  Ugie,  St.  Fergus. 

But  the  great  defect  of  the  system  was  not  so  much  the  machinery 
of  overseers,  etc.,  as  the  persistent  active  and  passive  resistance  of  the 
inhabitants  to  forced  or  statute  labour.  This  is  a  very  outstanding  fact 
in  the  Road  Management  of  Banffshire,  and  for  that  matter  of  Scotland 
generally,  until  the  beginning  of  the  igth  century,  and  is  seen  in  many 
pages  of  the  County  Minutes. 

At  a  meeting  held  on  3Oth  of  September  1726  years :  Sederunt  of 
the  Commissioners  of  Supply :  Present — Sir  James  Gordon  of 
Park,  Sir  Ja.  Dunbar  of  Durn,  Bracco,  Rothiemay,  Glassaugh, 
Meyan,  Troup,  ffarskan,  and  Kirkhill,  Bracco  being  chosen 
preses  to  the  meeting. 

The  Commissioners  considered  an  execu°n  and  complaint  given  in 
by  yr  oversier  agt  the  inhabitants  of  Portsoy  and  oyrs  contd  in  the 
execu°n  for  their  contempt,  and  neglecting  to  give  due  attendance  to 
the  reparation  of  the  highways,  after  intimations  were  duely  issued  out 
and  read  at  the  severall  Parish  Churches  wherein  they  live,  giveing 
previous  advertisement  to  them  of  the  dayes  they  should  attend.  The 
Commrs  adjourn  the  consideration  of  the  same  till  this  day  seven  night, 
and  dispense  wt  the  personall  presence  of  those  who  have  attended 
this  day,  and  are  marked  pnt  in  the  execution.  The  rest  they  appoint 
to  attend  that  day ;  and  they  appoint  their  oversier  betwixt  and  the  sd 
day  to  cite  before  [them]  the  haill  persons  wtin  the  shyre,  who  have 
been  deficient  from  the  highwayes  since  the  28th  of  May  last ;  and  the 
Commrs  furder  appoint  the  oversier  betwixt  and  the  first  of  Jany  next 
to  get  authentic  lists  of  the  inhabitants  of  each  parish  from  the  rexive 
session  clerks,  and  to  mark  upon  the  said  lists,  when,  where,  and  by 
whom  the  six  dayes  work  appointed  by  law  is  performed,  and  to  lay  the 
sd  lists  before  the  Commrs. 

The  Commrs  ordered  that  a  stone  bridge  should  be  built  upon  the 
Burn  of  ffortrie,  under  the  direction  of  Edingight,  Thomas  Innes  in 
Bracco  and  yr  overseer,  instead  of  a  timber  one  formerly  authorised. 

The  said  day  Captain  James  Innes  haveing  [given]  in  ane  account 
of  the  dayes  he  has  attended  in  oversieing  the  highways,  being  fifty  six 
dayes  since  the  last  time  he  was  payed  for  that  trouble,  the  Commrs 
find  the  same  at  the  rate  of  fourty  shillings  Scots  p.  diem  to  the  sum 
of  one  hundred  and  twelve  pound  Scots,  which  they  appoint  their 

T  2 


346  RECORDS  OF  THE  COUNTY  OF  BANFF. 

Collr   to   pay   him    in    compleat    payt   of    all    his    bygone   trouble   in 
oversieing  sd  highways. 

AT  a  meeting  of  the  Commissioners  of  Supply  on  the  yth  of  October 
1726:  Present — Sir  James  Gordon,  Sir  Ja.  Dunbar,  Bracco,  Mr. 
Dunbar,  yor  of  Burn,  and  the  Provest  of  Banff — Bracco  preses. 

The  said  day  Mr.  Innes,  oversier,  appointed  for  oversieing  the 
highways  in  the  shyre,  in  obedience  to  the  last  appointment  of  the 
Commrs  at  yr  last  meeting  gave  in  a  second  execution  agt  all  those  who 
have  been  deficient  in  giveing  attendance  to  the  reparation  of  the 
highways,  and  craved  the  Commissioners  might  take  the  same  under 
their  consideration,  and  which  execution  presently  given  in,  wt  the 
execution  lykewayes  agt  those  who  were  cited  in  the  last  dyet  and 
ffailled  to  compear,  being  both  called,  the  scall  persons  were  found  to 
have  been  absent,  as  marked  upon  a  particular  paper  apart  signed  by 
the  preses ;  and  the  sd  Commrs  haveing  duely  considered  the  complaint 
given  agt  the  sds  deficients,  they  fine  &  amerciate  each  of  the  persons 
contained  in  the  sd  list  subscrived  by  the  preses  in  eighteen  shilling 
Scots  in  terms  of  the  act  of  Parliament,  and  that  for  yr  deficiency  and 
contemning  the  aiittie  of  the  Commrs  in  not  cornpearing,  and  they 
ordain  their  readiest  movcales  may  be  poinded,  untill  paytt  be  made  by 
each  of  ym  of  their  rexive  nines,  and  for  that  end  grant  warrand  to  any 
of  the  Justices  of  Peace,  Constables,  and  any  Justice  of  Peace,  or 
Sherriff  officier  to  putt  the  forsd  sentence  to  due  executn,  in  terms  of 
the  act  of  Parliatt,  by  poynding  ye  fornamed  persons  moveals  to  the 
avail  of  their  fines :  and  the  sd  persons  contained  in  the  sds  executns, 
who  have  either  this  or  last  dyet  attended  the  court,  they  fine  each  of 
them  in  eighteen  shilling  Scots  for  their  bypast  neglect,  but  they 
superceed  the  executn  or  poynding  them  for  the  sds  fines,  till  such  tyme 
they  are  absent  or  refuse  the  giveing  due  attendance  to  the  reparation 
of  the  highways  for  the  ffuture ;  and  immediately  after  any  such 
contempt  in  time  comeing  they  appoynt  the  fines  of  each  of  those  who 
shall  happen  so  to  be  absent,  after  intimations  are  duely  issued  by  yr 
oversier  for  that  effect,  to  be  executed  and  aplyed  in  the  manner  as 
prescribed;  and  they  appoint  the  sds  fines  to  be  lodged  in  ther  Clerks 
hands  till  yr  furder  orders,  and  the  constables  and  officers  to  be  payed 
for  their  trouble  at  the  sight  of  Bracco. 


BRIDGE    BUILDING.  347 

AT  a  meeting  of  the  Commissioners  of  Supply  at  Banff  on  the  aoth 
day  of  October  1726 :  Present — Sr  Ja.  Abercromby,  Burn, 
Bracco,  Glassaugh,  Rothiemay,  Rannes,  Buckic,  Bracco  being 
chosen  preses. 

The  Commrs  appoint  Ja.  Emslie,  quarier,  to  be  payed  whats  due  to 
him  for  repairing  the  highways,  as  Burn  and  Glassaugh  shall  certifie. 
And  they  lykewayes  appoint  their  Collr  to  pay  what  remains  due  to  the 
workmen  for  the  cassie  of  Ternemny,  as  James  Innes  yr  ovcrsier  shall 
draw  precept  on  him  therefore,  which  is  to  [be]  the  Collrs  warrant. 
And  it  being  represented  that  there  is  a  cassie  wanting  at  Milntoun  of 
Rothiemay,  the  Commrs  appoint  their  Collr  to  pay  what  may  be 
necessary  for  that  work  upon  Rothiemay  and  yr  ovcrsier  precept.  As 
lykewayes  that  their  oversier  and  George  Mackie  and  Jo.  Miln  at 
Boyndie  shall  give  immediate  orders  for  securcing  and  cassieing  the 
Bridge  at  Boyndie,  and  that  the  charges  yrof  be  payed  upon  their 
precept.  They  furder  appoynt  their  sd  oversier,  Jo.  Gordon  of 
Brumquhindle,  Wai.  Ogilvie  of  Ardoch,  Thos.  Innes,  Muryfold,  Jo. 
Innes  of  Edengeith,  and  Win.  Ord  in  Kirktoun  of  Beskfoord,  or  any 
three  of  them,  to  call  workmen  and  make  ane  estimate  of  anc  bridge  to 
be  built  at  the  three  burn  meetings  in  the  head  of  Beskfoord ;  and 
they  recommend  to  the  oversier,  the  lairds  of  Buckle,  Elder  and 
Younger,  Letterfourie  and  Rannes  to  view  the  Burn  of  Buckie,  and 
make  ane  estimate  of  the  charge  it  will  be  to  make  a  sufficient  stone 
bridge  on  the  Burn  of  Buckie,  and  to  lay  the  same  before  the  Commrs 

at  yr  next  meeting. 

WILLIAM  BUFF,  P. 

AT  a  meeting  of  the  Commissioners  of  Supply  held  on  6th  June 
1727 :  Present  —  Rannes,  Ardmealie,  the  Provest  of  Banff, 
Balnoon,  and  Edengeith,  and  Wm.  Buff,  Rannes  preses. 

A  representation  on  behalf  of  the  magistrates  of  Cullen  that  the 
meeting  consider  an  estimate  of  four  hundred  and  twenty-one  pounds 
Scots  for  a  bridge  on  the  Burn  of  Cullen  was  continued. 

At  the  same  meeting  Balnoon,  Ardmelie,  Bognie,  and  Bauch  were 
asked  to  report  on  a  brigg  upon  the  Burn  of  Inverkeithny,  and  the 
place  most  suitable  for  it. 


348  RECORDS   OF   THE   COUNTY   OF   BANFF. 

The  Commissioners  doe  likewayes  continue  Captain  Innes  to  be 
their  oversier,  and  to  be  payd  out  of  the  highway  money  remaining  in 
the  Collrs.  hands  for  what  trouble  he  may  be  at;  and  recommend  to 
him  to  call  out  the  country  people,  and  continue  to  repair  such  of  the 

roads  in  the  shyre  as  he  sees  necessar. 

CHA.  HAY,  P. 


CHARLES  AND  ANDREW  HAY  OF  RANNAS. 

Charles  Hay  of  Rannas,  eldest  son  of  James  Hay  of  Rannas,1  was 
born  in  1688.  The  Sasines  of  Banffshire  show  that,  on  26th  May  1696, 
James  Hay  of  Ranas  got  saising  in  lyfrent,  and  Charles  Hay  his  sone  in 
fie,  of  Woodsyde,  Carnach  and  Scotstoune,  Westersyde,  Longshade, 
Lonhead,  Rathven  and  seall  touns  lands  and  white  fishings,  Muldavid, 
Darbreich  and  Echries,  and  office  of  baillie  of  the  said  lands  and 
patronage  of  Rathven  and  pertinents.  Saising  was  given  ult  May  1697 
to  Margaret  Gordon,  Ladie  Ranas,  of  six  chalders  of  victual  yearly, 
during  her  lyftyme,  out  of  the  lands  of  Lonhead,  Conlesland,  Myriecrook 
and  Longshead  in  Rathven  parish,  upon  a  right  to  her  by  John  Hay  of 
Ranas.  That  same  year  he  married  Helen,  daughter  of  Dr.  Andrew 
Fraser,  Inverness;  and  on  8th  August  there  is  recorded  a  sasine  in 
favour  of  Hellen  Frazer,  Lady  Rannas,  securing  a  marriage  provision. 

On  I5th  January  1710,  James  Hay,  his  father,  was  still  alive,  because 
that  da}-  he  got  sasine  of  the  lands  of  Scotstoun  and  Carnoch. 
Charles  Hay  succeeded  in  1710;  for  on  4th  August  1710,  sasine  was 
given  him  upon  ane  precept  of  clare  constat  by  James  Earl  of  Seafield, 
the  superior  of  the  lands  of  Scotstoun  and  Carnoch  in  Rathven,  in  his 
favour.  In  other  words,  he  was  then  served  heir  to  his  father  in  these 
lands.  On  25th  September  1712,  in  virtue  of  a  precept  of  clare  constat 
by  Alexander  Marquis  of  Huntly,  Charles  Hay  was  infeft  in  the  lands 
of  Darbreich  in  the  barony  of  Muldavet,  regality  of  Huntly,  parish 
of  Rathven.  Neither  his  nor  his  father's  names  occur  in  the  early 
sederunts  of  the  county  meetings  between  1696  and  1726.  In 
1715,  he  and  some  other  lairds  in  Rathven,  with  the  populace, 
frustrated  the  induction  of  Mr.  Gordon,  a  supporter  of  Revolution 
principles,  as  minister  of  Rathven.  He  was  out  in  the  Fifteen. 
His  cousin,  Hay,  younger  of  Arnbath  (Fordyce),  whose  father 
occasionally  attended  the  county  meetings  prior  to  1715,  was  also 

•See  pp  30-1. 


CAPTAIN    JAMES    INNES,    GENERAL   OVERSEER.  349 

out  in  the  Fifteen;  and  was  taken  prisoner  on  24th  October  1715  at 
the  skirmish  at  Dunfermline.  The  Sasines  of  Banffshire  show  these 
other  entries  regarding  Rannas:  —  4th  Oct.  1718,  Renunciation 
granted  by  James  Hay  in  the  Raphen,  only  law"  son  to  the  deceast 
James  Hay  of  Inchgarvie  in  favour  of  Charles  Hay  of  Rannas 
upon  all  and  haill  the  toun  and  lands  of  Conage  with  ane  piece 
of  land  called  the  muir  aikers,  with  the  milns  of  Raphen  old  and 
new.  On  I4th  January  1719  James  Cock,  Town  Clerk  of  Banff, 
renounced  to  Charles  Hay  the  two  oxgate  lands  of  Carnoch  in  Rathven. 
On  the  24th  October  1720  his  relative,  John  Hay  of  Muldavit, 
resigned  in  favour  of  Rannas  as  superior,  the  lands  of  Tarbreich, 
Rathven.  On  2Oth  October  1721  his  relative,  John  Hay  of  Echries, 
resigned  in  favour  of  Rannas  an  annual  rent  of  one  hundred  and  two 
pounds  Scots  out  of  the  lands  of  Rannachie,  Rathven.  He  died  c.  1752. 
Rannas'  son,  Andrew  Hay,  younger,  was  born  in  1713,  and  died  in 
1789.  The  Banffshire  Sasines  show  that  on  loth  July  1733  Andrew 
Hay,  yr.  of  Rannas,  took  sasine  on  the  estate  of  Rannas  on  a  crown 
charter  which  reserved  the  liferents  of  his  father,  Charles,  and  of 
his  mother.  He  attended  a  county  meeting  on  ist  June  1742,  and  it 
is  minuted  that  at  that  meeting  he  took  the  oath  of  allegiance  to  King 
George.  He  joined  Prince  Charlie  in  Forty-five  according  to  his  own 
statement  in  the  month  of  October.  After  Culloden  we  find  him 
petitioning  the  King  for  the  Royal  clemency.  The  Earl  of  Findlater 
and  Seafield,  writing  from  Cullen  House  on  4th  November  1747, 
informs  the  Lord  Justice  Clerk  that  "  Young  Ranas  escaped  very 
narrowly  from  one  of  the  houses  that  were  searched."  The  estate  of 
Rannas  was  ultimately  acquired  by  the  Earls  of  Findlater  and  Seafield. 
The  Leith-Hays  of  Leith-hall,  Aberdeenshire,  now  represent  the  Hays 
of  Rannas  through  Mary  Hay,  daughter  of  Charles  Hay  of  Rannas, 
and  sister  of  this  Andrew  Hay,  the  last  Hay  to  possess  Rannas. 

CAPTAIN  JAMES  INNES,  GENERAL  OVERSEER. 

At  a  meeting  of  the  Commissioners  of  Supply  held  on  20th  July 
1727 :  Present — Bracco,  Coll.  Grant,  Kinnardy,  the  Provest  of  Banff 
and  Tullich — Bracco  preses — Captain  James  Innes,  yr.,  general  overseer, 
was  allowed  a  salary  of  one  hundred  pounds  Scots  per  annum.  We 
have  seen  that  the  general  overseer  had  been  serving  the  county  as  such 
since  1725.  He  is  also  designated  in  the  minutes  as  ''Coll  Innes." 
Captain  Innes,  like  the  Clerk  and  Collector,  was  of  the  Edingight 
family.  He  served  the  county  as  general  overseer  of  roads  until  1745, 
and  during  that  long  period  his  services  were  variously  appreciated. 


350  RECORDS   OF   THE   COUNTY   OF   BANFF. 

At  a  meeting  held  on  the  4th  July  1728 :  Present — The  Laird  of 
Troup,  the  Provest  of  Banff,  Kinminity,  Ardmeally,  Achoynonie, 
Newtoun,  Knockorth,  Northfield,  and  Edengeith — Troup,  and  later 
Achoynonie,  as  Troup  was  necessary  withdrawn,  preses. 

Coll.  Innes  was  continued  overseer  for  the  year;  and  the  Collector 
was  directed  to  pay  Ardmeallie  ten  pounds  for  defraying  the  cost  of  a 
bridge  on  the  Burn  of  Crombie. 

ALEXANDER  GARDEN,  ELDER,  OF  TROUP. 

Alexander  Garden  I  of  Troup,  sometimes  designated  Troup  Elder, 
was  succeeded  c.  1733  by  his  son  Alexander,  often  designated  in  the 
minutes  Troup  younger.  He  was  a  staunch  supporter  of  the  Revolution 
Settlement,  and  on  i5th  October  1702,  took  the  oath  of  allegiance  to  Queen 
Anne.  Before  that  date  and  after,  he  was  assiduous  in  his  attention  to 
county  business,  and  he  presided  at  several  of  the  county  meetings,  as 
on  gth  December  1714.  His  known  loyalty  to  the  Hanoverian 
succession  was  such  that,  during  the  rising  of  the  Fifteen,  he  was 
appointed  a  Deputy  Lieutenant ;  and  on  its  suppression  he  was  called 
on  to  preside  at  the  first  meeting  of  Commissioners  of  Supply 
held  on  6th  March  1716.  That  meeting  recommended  to  Alexr. 
Gairdine,  elder  and  younger  of  Troup,  and  Alexr.  Abercrombie  off 
Glassaugh,  to  prepair  and  draw  up  ane  congratularie  address  to  His 
Majcstye  King  George  suitable  to  the  present  happy  juncture  and 
postur  off  affaires.  In  1720  he  founded  the  village  of  Gardenstown. 
He  presided  at  a  meeting  of  the  Commissioners  of  Supply  on  the  4th 
day  of  July  1728,  and  his  signature  of  the  minute  that  day,  "Alexr. 
Gairdne,"  seems  that  of  an  old  man  compared  with  his  writing  in 
1702,  1714,  and  1716. 

WILLIAM  DUFF  OF  CROMBIE. 

At  a  meeting  held  on  the  6th  of  August  1728  :  Present — Crombie, 
Ardmeallie,  the  Provest  of  Banff  and  Tillienaught — Crombie  preses. 
Twenty  pounds  sterling  were  voted  for  the  Bridge  of  Cullen  before 
referred  to,  the  same  being  considered  a  necessary  work  as  being  upon 
a  public  highway. 

William  Duff2  of  Crombie,  Marnoch,  born  in  1706,  was  grandson  of 
William  Duff,  Provost  of  Inverness,  brother  of  Alexander  Duff  of 
Keithmore.  His  father,  James,  married  Jean  Meldrum,  heiress  of 

'  See  page  3 1 . 
*  "  The  Book  of  the  Duffs,"  by  A.  &  H  Tayler,  pp.  414-420. 


BRIDGE    BUILDING. 


351 


Crombie,  who  died  in  1709  and  1725  respectively.  Crombie's  sister, 
Mary  Duff,  was  wife  of  Ardmeallie.  He  studied  law,  and  was  appointed 
Sheriff  Depute  first  of  Banffshire,  and  in  1748  of  Ayrshire.  He  died 
in  1781. 

BRIDGE  BUILDING. 

At  a  meeting  held  on  I5th  November  1728:  Present  —  Bracco, 
Ardmeallie,  and  Knockorth,  Bracco,  preses — the  bridge  at  Inverkeithny 
before  referred  to  was  authorised  as  a  necessary  work. 

AT  a  meeting  of  Commissioners  of  Supply  held  on  6th  June  1729  : 
Present — Bracco,  Achoynonie,  Kinminity,  Lesmurdie,  elder  and 
yr.,  Ardmeallie,  the  Provest  of  Banff,  Tullich,  .Knockorth, 
Nevvtoun,  Northfield,  and  Edengeith — Bracco  preses. 

The  highway  money  imposed.  Five  pounds  sterling  more  were 
given  to  Balnoon  to  carry  out  the  bridge  at  Inverkeithny.  If  more 
were  required  he  was  invited  to  renew  his  application.  They  appoint 
the  Lairds  of  Carnousie,  Pittendrich,  Netherdales,  Kinnairdy,  and 
Turtries,  together  with  the  whole  parish  of  Inverkeithney,  to  transport 
the  materials,  stone,  lime,  and  timber,  for  the  compleating  of  the  sd. 
bridge ;  and  Auchingoul  and  Balnoon  were  authorised  to  oversee  the 
work. 

Another  hundred  pounds  Scots  were  voted  to  Lesmurdy  to  complete 
the  bridge  at  Blackwater.  He  was  ordered  also  to  repair  the  causay 
from  Balvenie  to  Glenlivet.  This  is  the  first  reference  to  any  highway 
south  of  Keith  and  Boharm. 

The  meeting  authorised  the  Collector  to  advance  to  Mr.  Rob.  Duff, 
minister  of  Aberlour,  any  sum  not  exceeding  five  pound  ster.  for 
repairing  the  Bridge  of  Aberlour ;  and  to  Pat  Gordon  of  Aberlour  any 
sum  not  exceeding  thirty  pounds  Scots  for  making  a  causie  and 
bullwark  for  keeping  Spey  of  the  road  near  to  Aberlour  and  for 
building  a  small  bridge  there. 

A  petition  for  a  bridge  on  the  Boyne  below  Culphine  was  remitted 
to  Edengeith  and  Tho.  Innes,  with  instructions  to  view  the  said  burn 
and  to  consider  what  is  to  be  the  properest  place  for  building  the  sd. 
bridge,  so  as  to  have  it  as  near  to  the  highway  as  possible,  and  to  give 
ane  estimate  of  the  charge ;  and  the  meeting  ordained  the  building  of 
the  same. 


352  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  meeting  advanced  twenty-seven  pounds  Scots  to  Sir  Al.  Reid  of 
Barra  to  repair  the  Bridge  of  Forglen. 

Eight  pounds  were  advanced  to  Al.  Duff  of  Hatton  for  building 
half  of  the  Bridge  of  Boynsmiln,  the  other  half  being  paid  by 
Aberdeenshire. 

Captain  Innes  was  continued  overseer  at  a  salary  of  one  hundred 
pounds  Scots ;  and  the  meeting  recommend  to  him  notice  the  highways 
and  cassies  allenary,  and  to  be  diligent,  and  to  call  out  the  countrey 
people  as  the  law  directs ;  and  that  the  sd.  oversier  is  to  take  no  concern 
\vt.  bridges. 

The  Commissioners  ordained  the  following  roads  to  be  repaired  :— 

First :  The  road  betwixt  Banff  and  Keith  and  upwards — the  words 
"  and  upwards  "  being  interlined  in  the  minute,  indicating,  it  may  be, 
that  the  roads  south  of  Keith  were  rather  unimportant.  Second :  the 
road  from  Banff  to  Strathboggie.  They  further  ordered  the  poinding 
of  those  deficient  in  performing  the  statute  labour. 

THE  GORDONS  OF  ABERLOUR. 

Patrick  Gordon,  younger  of  Aberlour,  was  a  Letterfourie  Gordon, 
a  Roman  Catholic,  and  a  Jacobite.  Young  Aberlour  actively  engaged 
in  the  rising  of  the  Fifteen.  He  was  taken  prisoner  at  Dunfermline 
on  24th  September  1715,  by  a  detachment  of  Colonel  Cathcart's  troops 
along  with  Mr.  Hay,  son  of  Arnbath.  He  succeeded  his  father,  John, 
c.  1732.  In  the  old  House  of  Aberlour  was  found  the  following 
letter  addressed  to  the  then  Laird  of  Aberlour  by  the  Young 
Chevalier  from  Dalnacardoch  in  August  1745  : — "  My  Dear  Gordon,— 
I  am  to  be  at  ,  and  trust  to  see  you  there,  with  as  many  men 

as  you  can  raise  to  rally  round  the  Royal  Standard. — I  am  your 
faithfully,  CHARLES  E.  STEWART."  Like  father  like  son.  The  laird 
kept  out  of  the  rising  and  the  heir  apparent  went  in.  Patrick's  son 
James  responded  to  the  call,  and  was  out  in  the  Forty-five.1 

Sir  Alexander  Reid  of  Barra  was  member  of  Parliament  for  the 
Elgin  Burghs  from  1710  to  1713.  About  this  time,  1728,  he  married  the 
widow  of  Lord  Forglen,  and  was  infeft  in  the  lands  of  Forglen.  Hence 
his  interest  in  the  Bridge  of  Ribra. 

AT  a  meeting  of  the  Commissioners  of  Supply  held  on  3ist  Octr. 
1729 :  Present  —  Bracco,  Rothiemay,  Glassa,  the  Provest  of 
Banff,  and  Ardmellie,  Tillienaught,  Bracco  preses.  Crombie 
and  Bognie  also  present. 

1  On  7th  May  1746  it  is  recorded  of  him  that  "  he  has  been  in  the  country  since  Culloden 
battle,  but  lurking." 


THE    BRIDGE    OF    BOYNE.  oco 

The  state  of  the  bridge  at  Cullen  was  again  considered,  and  ten 
pounds  more  were  ordered  to  be  advanced  for  the  building  of  the  same. 

The  same  day  the  Commissioners  find  it  necessary  that  a  bridge  be 
built  on  the  Burn  of  Boyndie  at  the  place  commonly  called  Ladys 
Bridge,  and  vote  ten  pounds  sterling  money  to  George  Mackie,  ffactor 
to  My  Lord  Deskfoord,  for  building  of  the  sd.  bridge. 

Five  pounds  sterling  more  were  the  same  day  voted  for  the  bridge 
at  Inverkeithny. 

Sd  day,  application  being  made  by  General!  Gordon  and  the  oyr 
heritors  of  Aberchirder  for  a  new  bridge  over  the  Burn  of  Achintoul, 
the  Commrs.  recommend  to  General!  Gordon,  Bognie,  Crombie  and 
Ardmeallie,  or  any  two  of  them,  to  consider  what  the  charge  of  that 
bridge  may  be,  to  converse  wt.  workmen  yranent,  and  to  make  out  ane 
estimate  of  the  same  and  to  report  to  next  meeting. 

WILLIAM  DUFF,  P. 

AT  a  meeting  of  Commissioners  of  Supply  held  on  gth  June  1730  : 
Present — Bracco,  Crombie,  the  Provest  of  Banff,  Knockorth, 
Glassaugh — Bracco  preses. 

The  Commissioners  continue  Captain  Innes  as  yr  oversier,  and  allow 
him  a  hundred  pound  Scots  for  this  years  sallary  upon  this  condition, 
that  if  the  sd  oversier  is  not  giveing  due  attendance,  that  either  he  or 
Knockorth,  who  takes  burden  for  him,  shall  ffurnish  a  sufficient  man  in 
his  place,  for  oversieeing  the  reparation  ;  and  they  recomend  that  their 
oversier  be  more  diligent  than  fformerly. 

The  meeting  allow  to  Aberlour  fifty-two  pounds  Scots,  in  addition 
to  the  ninety  pounds  Scots  formerly  allowed,  for  the  bridge  and  causey 
built  by  him  and  Mr.  Robert  Duff,  on  his  lodging  receipts. 

Edengeith  and  Thos.  Innes  made  a  report  anent  the  Bridge  of 
Boyne,  signifying  that  they  and  Mr.  Arthur  Gordon  of  Law  had  agreed 
upon  a  proper  place  near  to  the  highway  twixt  Banff  and  Keith  for 
building  the  sd  bridge,  being  at  the  ffoord  as  it  passes  twixt  Culphine 
and  Newmiln  of  Boyne,  at  the  end  of  the  of  Badenspink ; 

and  the  Commrs.  appoynt  the  sds.  Edengight,  Sir  Ja.  Dunbar,  Thos. 
Innes,  Law  and  Tillienaught,  or  any  three  of  ym,  to  make  out  ane 
estimate  and  ane  agreement  yranent,  and  to  report  to  next  meeting. 

The  heritors  of  Aberchirder  gave  in  a  report  and  estimate  of  the 

u  2 


354  RECORDS  OF  THE  COUNTY  OF  BANFF. 

charges  that  would  be  required  for  the  bridge  over  the  Burn  of 
Achintoul,  with  a  scheme  of  the  sd.  bridge.  The  Commissioners 
recomend  to  the  sd.  Gentlemen  to  agree  wt.  workmen  and  cary  on  the 
sd.  work,  and  appoynt  their  Collr.  to  pay  to  Generall  Gordon  or 
Ardmeallie  upon  their  receipt  the  sum  of  twenty  ffive  pound  sterling  in 
course. 

Crombie  haveing  represented  that  there  were  parts  of  the  road 
twixt  Auchintoul  and  Aberchirder  in  severall  places  impassable  for 
want  of  causieing,  the  Commrs.  recommend  to  Crombie  to  cause  make 
out  ane  estimate  of  the  charge,  agree  wt.  workmen,  and  report  to  next 

meeting. 

BRACCO  NAMED  CONVENER. 

The  Commrs.  resolve  and  enact  that  in  tyme  comeing  it  shall  not  be 
in  ye  power  of  any  two  or  three  or  more  Commissioners  to  draw 
precepts  on  the  Collr.  for  the  highway  money  in  tyme  comeing,  unless 
the  same  be  done  by  the  Commrs.  at  a  generall  meeting  regularly 
called,  and  they  discharge  the  Collr.  ffrom  answering  any  precepts  that 
shall  be  oyrwayes,  but  prejudice  alwayes  of  former  warrands,  which  he 
is  empowered  to  pay  as  formerly  directed.  And  they  name  Bracco  for 
yr  Convener. 

At  a  meeting  of  Quarter  Sessions  held  on  4th  August  1730, 
which  was  subsequently  turned  into  a  meeting  of  Commissioners  of 
Supply,  under  the  presidency  of  Achoynonie:  Present — Achoynonie, 
Tillienaught,  Glassa,  Muiryfold,  Edengight  and  ye  Provost  of  Banff. 

Glengerack  gave  in  a  petition  wt.  ane  estimate  for  haveing  a  bridge 
upon  the  Burn  of  Glengerack,  as  being  a  very  necessary  work.  In  view 
of  the  resolution  of  last  meeting,  this  work  was  recommended  to  next 
general  meeting  as  a  necessary  one. 

THOMAS  GRANT  OF  ARNDILLY. 

Thomas  Grant,  or  as  he  signs  the  minutes  of  such  county  meetings 
as  he  presided  over,  "  Grantt,"  appears  as  laird  of  Achoynonie  in  1710. 
The  estate  of  Achoynonie,  in  the  parish  of  Keith,  previously  belonged  to 
a  branch  of  the  Gordon  family.  In  1667  John  Gordon  was  laird;  and 
in  the  sederunts  of  the  county  meetings  of  1697-8  the  name  of 
Alexander  Gordon  occurs  as  laird.  Sir  Alexander  Innes  of  Coxton 
appears  to  have  been  proprietor  in  1703.  In  April  1710  Thomas  Grant 
designed  "  of  Achoynonie,"  in  the  Kirk-session  register  of  Keith,  married 


BRIDGE    BUILDING.  355 

Jean  Sutherland,  a  grand-daughter  of  Alexander  Sutherland  of 
Kinminity,  Keith.  During  the  period  embraced  in  this  chapter  he  was 
one  of  the  most  influential  gentlemen  resident  in  the  south  half  of  the 
county,  and  performed  much  important  work,  presiding  at  three 
county  meetings  at  least.  With  his  Chief  he  supported  the  succession 
of  George  I. ;  and  was  present  at  the  meeting  of  Commissioners  of 
Supply  on  i3th  August  1714,  when  the  cess  was  imposed,  and  measures 
were  taken  to  preserve  the  peace  of  the  county  against  an  apprehended 
rising  in  the  Highlands.  In  1715  he  was  appointed  a  Deputy- 
Lieutenant  of  the  County.  He  acquired  Achoynonie  in  the  lifetime  of 
his  father  Walter,1  2nd  laird  of  Arndilly.2  He  succeeded  to  Arndilly  on 
his  father's  decease  in  1720;  and,  on  3rd  September  1722,  he  took  sasine 
on  it,  with  the  proviso  that  it  was  redeemable  by  the  laird  of  Grant. 
The  same  day  he  took  sasine  on  the  three  fifth  parts  of  the  lands  of 
Easter  Galdwall  and  Arndillie,  and  also  of  the  dauch  lands  of  Achmades. 
During  the  rising  of  the  Forty-five  he  was  again  a  powerful  supporter 
in  the  county  of  the  Hanoverian  succession.  He  died  on  the  25th  day 
of  November  1758,  and  was  succeeded  by  his  son,  Colonel  Alexander 
Grant.  His  representatives  in  the  female  line  own  the  estate  of 
Arndilly  at  the  present  time. 

BRIDGE  BUILDING. 

Banff,  ist  June  1731. — Sederunt  of  the  Commissioners  of  Supply 
mett  att  Banff,  vizt. : — Bracco,  the  Provest  of  Banff,  Kinminity, 
Glassaugh,  Edengight — Bracco  preses. 

There  being  a  petition  presented  by  Glassaugh,  signed  by 
Rothiemay  and  Mayen,  with  ane  estimate  of  the  charge,  desireing 
to  have  a  bridge  built  over  the  Burn  of  Retanach,  resolved  that 
the  same  should  lie  over  until  next  meeting.  The  Collector  was 
instructed  to  make  out  a  scheme  and  state  of  his  accompts  wt.  respect 
to  the  highway  money,  that  they  may  know  what  ffunds  have  been 
raisd  since  last  clearance,  and  how  the  same  has  been  aplyed;  and 
likeways  that  he  may  be  ready  to  lay  before  them  the  haill  precepts  and 
orders  they  have  given  for  bridges  and  causies  preceding  this  date,  and 
thereafter  resolve  to  consider  how  necessar  the  bridge  piitly  applyed  for 
by  the  @  Gentlemen  upon  the  Burn  of  Retanach  may  be,  and  to  give 
directions  accordingly.  They  also  resolved  that  the  overseer  should 
give  assistance  with  the  work  on  bridges  that  are  ordered  to  be  built,  so 
farr  as  it  does  not  interrupt  him  in  the  attending  and  repairing  the  roads. 

1  See  pp.  288-9.  *  Sometimes  written  Ardalie. 


356  RECORDS   OF   THE    COUNTY   OF    BANFF. 

Banff,  May  iyth  1732. — Sederunt  of  the  Commis".  of  Supply  of 
Banffshyre :  Pnt. — Glassaugh,  Edengight  and  the  Provest  of 
Banff — Provest  Shand  being  chosen  preses. 

They  recommend  to  the  Gentlemen  formerly  named  or  any  quorum  of 
them,  to  contract  wt.  work[m]en  in  the  most  ffrugal  manner  they  can, 
and  give  directions  as  soon  as  possible  for  building  the  bridge  over  the 
Burn  of  Boyne  at  the  place  already  agreed  upon  by  the  former  report, 
and  ordain  the  Collector  to  give  them  money  upon  their  precepts  for 
that  end. 

They  recomend  Sir  James  Dunbar  and  Glassaugh  to  cause  causey  the 
piece  of  bad  road  near  to  the  Bog  Park  leading  to  Cullen. 

The  accounts  of  James  Innes,  late  Treasurer  of  Cullen,  in  connection 
with  the  building  of  the  bridge  over  the  Burn  of  Cullen  were  approved. 

Banff,  and  June  1733  years. — Meeting  of  the  Commrs.  of  Supply  of 
Banffshyre :  Present  —  Bracco,  Achoynonie  elder  and  yor., 
Kinnairdy,  Melross,  Glassaugh  and  Edengight — Bracco  preses 
chosen. 

The  Commissioners  takeing  to  consideration  the  bridge  applyed 
for  upon  the  Burn  of  Drum,  they  in  place  of  a  timber  bridge  appoynt  a 
stone  bridge  or  arch  on  sd.  burn,  and  allow  ffive  pound  sterling  for  that 
work,  to  be  payed  to  Achoynonie  and  Thomas  Innes,  and  laid  out  at  yr. 
direction. 

As  to  the  bridge  of  Glengerack,  they  recomend  in  the  meantyme 
to  Glengerack  to  provide  materials,  and  that  he  may  give  to  the 
Commrs.  at  the  Michaelmas  Court  ane  estimat  of  the  whole  charge  the 
bridge  may  cost,  that  the  same  may  be  ordered  at  next  meeting. 

At  this  meeting  there  were  considered  applications  for  bridges  at 
Burnend  of  Carnousie  and  on  the  Burn  of  Pathhead,  and  estimates 
were  asked  for  next  meeting.  Kinnairdy  applied  for  a  stone  instead  of 
a  wooden  bridge  over  the  Burn  of  Kinnairdy,  and  he  was  requested  to 
give  in  an  estimate  of  the  same. 

The  proposed  bridge  over  the  Boyne  being  neglected,  a  new 
committee,  consisting  of  Glassaugh  and  Edengight,  was  appointed  with 
the  assistance  of  the  oversier  to  agree  wt.  workmen,  and  cause  cary  on 
the  work  and  to  draw  on  the  Collr. 


THE  GORDONS  OF  GLENGERACK. 


357 


Banff,  3rd  June  1734  years:  Present— Bracco,  Glengerack,  Meyan, 
Kinnairdy,  Birkenboig  yor.,  Glassaugh,  Tillienaught,  Ardmeallie, 
Edengight,  the  Provest  of  Banff— Bracco  preses. 

The  Commissioners  of  Supply  direct  the  Collector  to  pay  ninety- 
nine  pounds  to  Kinnardy  for  the  bridge  built  by  him  over  the  Burn  of 
Kinnardy. 

Achoynonie,  Edengight  and  Muryfauld  having  reported  favourably 
on  the  proposed  bridge  over  the  Burn  of  Glengerack,  the  Commissioners 
find  it  to  be  a  necessary  work,  and  recomend  to  Glengerack  to  agree  \vt. 
workmen  to  build  sd.  bridge,  allow  ffifteen  pound  sterling  to  be  paid  to 
Glengerack  for  building  sd.  bridge,  to  wkt  one-third  at  commencement 
of  the  work,  anoyr  third  when  its  half  done,  and  the  last  moyety 
when  its  ffinished,  but  prejudice  nevertheless  to  former  orders  on  the 
Collector. 

At  this  meeting  the  Bridge  of  Boyne  was  ordered  to  be  built  wtout 
lose  of  tyme ;  and  the  Bridge  of  Boyndie  was  ordered  to  be  repaired. 

The  Commrs.  appoynt  that  yr  oversier  in  the  first  place  make  out 
the  road  of  the  Knockhill,  and  yrafter  that  he  clean  and  repair  the 
road  twixt  Banff  and  Cullen. 

THE  GORDONS  OF  GLENGERACK. 

"Glengerack"  was  Alexander  Gordon,  son  of  Charles  Gordon1 
and  Margaret  Duff,  daughter  of  Alexander  of  Bracco.  The  father, 
Charles,  who  succeeded  in  1692,  took  an  active  part  in  county 
government.  He  first  appears  in  the  sederunt  of  a  County  Meeting 
held  at  Cullen  on  the  last  day  of  February  1699.  On  5th  May  1702, 
at  a  meeting  of  Commissioners  of  Supply,  he  took  and  subscribed  the 
oaths  of  allegiance  and  assurance  to  Queen  Anne ;  and  his  signature  is 
that  of  one  accustomed  to  write.  He  died  in  June  1712. 

The  Keith  registers  of  baptisms  shew  that  Alexander,  who  succeeded, 
was  born  in  1698.  He  was  out  in  the  Fifteen,  frugally  armed  with  a 
sword,  which  had  earlier  that  year  been  consigned  as  a  pledge  by 
two  parishioners  of  Keith,  who  were  proclaimed  but  did  not  marry ! 
On  27th  January  1721,  in  a  process  before  the  Kirk-session  of 
Keith  regarding  the  space  in  the  Parish  Church  effeiring  to  his 
estate,  he  stated  that  he  was  "  but  lately  come  to  be  major." 
That  year  he  married,  at  Inchdrewer,  Helen  Lauder,  widow  of 
George,  4th  Lord  Banff.  He  took  an  active  interest  in  county  affairs, 
and  was  active  in  improving  the  roads  and  bridges  in  his  parish.  The 
local  tradition  is  that,  in  the  decaying  fortunes  of  his  house,  with  a 

1  See  pp.  43-44- 


358  RECORDS   OF   THE    COUNTY   OF    BANFF. 

number  of  spirited  young  men  from  his  native  parish  of  Keith,  he 
joined  the  King's  forces  abroad,  and  fell  at  Fontenoy  in  1745.  He  is 
said  to  have  been  succeeded  in  1745  by  his  brother  William,  who  died 
soon  thereafter.  On  3rd  October  1746,  the  only  surviving  brother, 
George,  who  was  born  in  1710,  was  served  heir  male  in  special  to  his 
father  Charles  in  Glengerack ;  and  later,  on  zoth  November  1746,  he 
took  sasine  thereon.  He  did  not  long  survive.  With  his  death, 
survived  by  three  sisters,  the  heirs  male  of  the  marriage  of  Charles 
Gordon  and  Helen  Duff  failed,  and  in  terms  of  their  marriage  contract, 
dated  I5th  November  1694,  and  recorded  2Qth  February  1748,  the 
succession  to  Glengerack  fell  to  his  other  heirs  male.  That  heir  male 
was  Charles  Gordon,  merchant  in  Brechin,  who  was,  on  7th  March 
1748,  served  heir  male,  and  of  provision  of  the  said  marriage  contract 
to  his  grand  uncle,  Charles  Gordon  of  Glengerack.  On  25th  August 
1748,  the  surviving  sisters,  viz.,  Margaret,  Katherine  and  Magdaline 
were  served  heirs  portioners,  in  the  barony  of  Glengerack,  to  their 
brother  George  Gordon,  who  died  in  May  or  June  1747.  They  took 
sasine  thereon  on  5th  October  1748.  After  a  reference  to  arbitration 
of  their  claims  to  the  estate  personal  and  real  of  their  brother  George 
Gordon,  dated  loth,  i2th  and  i7th  May  1748,  in  which  their  cousin  Charles 
Gordon  was  successful,  they  on  i8th  May  1748  conveyed  Glengerack  to 
him,  who  had  meantime,  on  i7th  March  1748,  sold  the  lands  and  barony 
of  Glengerack  to  William  Duff,  Baron  Braco. 

Banff,  i2th  June  1735. — Meeting  of  the  Commissioners  of  Supply: 
Present  —  Sir  William  Gordon  of  Park,  William  Duff  of 
Bracco,  Glengerroch,  Ardmeallie,  Glassaugh,  Colleonard, 
William  Duff  of  Whitehill,  Robert  Innes  of  Culvie,  Edingight 
and  Alexr.  Innes  of  Whitehill — Bracco  preses. 

The  Commissioners  continue  Captain  James  Innes  as  overseer  of 
the  highways,  and  allow  him  the  same  sallary,  with  this  difference,  that 
they  referr  to  the  next  meeting  if  he  shall  have  ffifty  merks  more  of  an 
addition  to  the  former  sallary  for  his  trouble. 

The  Commissioners  haveing  considered  the  vouchers  given  in  by 
George  Hay  of  Gavill  of  the  money  he  got  to  expend  upon  the  Bridges 
of  Inverugie  and  Gavil,  they  find  he  has  laid  out  the  same  in  the  way 
designed,  and  ordain  Provest  Fordyce  obligement  and  his  to  be  delivered 
up  and  cancelled. 

The  Commissioners  order  twenty  punds  Scots  to  be  given  Ardmeallie 
for  the  causieing  on  the  road  betwixt  Crombie  and  Cuivie,  and  the 
like  sum  of  twenty  punds  Scot§  to  be  given  Edingight  for  causieing  on 
the  worst  places  of  the  road  on  the  Knockhill  betwixt  Banff  and  Keith. 


BRIDGE    ON    BURN    OF    BOYNE    AT    TILLYNAUGHT.  359 

The  Commissioners  at  next  meeting  adopted  a  new  principle  in 
connection  with  the  building  of  bridges,  and  resolved  that  whoever 
thereafter  applied  for  a  part  of  the  highway  money  for  building  any 
bridge  within  the  shire  should  be  obliged  to  uphold  the  same  for  the 
space  of  twenty  years  upon  their  own  charges. 

Banff,  5th  August  1735. — Meeting  of  Commissioners  in  consequence 
of  the  adjournment  at  last  Generall  Meeting:  Present — Sir 
Robert  Abercromby,  Sir  James  Dunbar,  the  Provost  of  Banff, 
William  Dunbar  younger  of  Durn,  Ardmealie,  Glassaugh, 
William  Gordon  of  Farskan,  Colleonard,  William  Gordon  of 
Craibstoun,  Archibald  Dunbar  of  Tillienaught,  James  Ogilvie 
of  Loggie,  Walter  Ogilvie  of  Badenspink  —  Birkenbog  preses. 

The  saids  Commissioners  haveing  taken  under  their  consideration 
what  is  the  proper  place  upon  the  Burn  of  Boyne  to  build  a  bridge,  and 
how  farr  that  work  is  necessary,  they  ffind  that  its  very  necessary  to 
have  a  bridge  on  the  said  burn,  and  that  the  proper  place  of  building 
the  same  is  at  the  ffoord  below  the  house  of  Tillienaught,  being  the 
common  highway,  att  which  place  they  ordain  the  same  to  be  built ; 
and  they  appoint  and  recomend  to  Sir  James  Dunbar,  Tillienaught, 
Walter  Ogilvie  of  Badenspink  and  Peter  Lorimer,  ffactor  to  the  Earl 
of  ffindlater,  or  any  two  of  them,  to  contract  with  workmen  for 
building  the  said  bridge,  and  give  all  necessar  directions  thereanent ; 
and,  as  it  will  be  a  very  large  bridge  as  appears  by  a  plan  of  it,  they 
impower  the  said  gentlemen  to  contract  to  the  extent  of  thirty  pounds 
sterling  for  compleating  the  bridge,  caussies,  and  everything  necessary 
about  it,  but  for  no  higher  sum  ;  .  .  .  .  and  they  recomend  to 
the  said  gentlemen  to  bind  the  meason  for  upholding  his  work  for  a 
certain  number  of  years  as  they  shall  see  convenient,  that  the  work 
may  be  made  sufficient. 

The  Commissioners  authorised  the  building  of  a  bridge  upon  the 
Burn  of  Glassaugh  at  the  foord  of  Clayland,  being  the  highway  betwixt 
Banff  and  Cullen,  under  the  direction  of  James  Abercromby  of 
Glassaugh,  who  undertook  to  uphold  the  same  for  twenty  years,  and  of 
Sir  Robert  Abercromby  and  Sir  James  Dunbar. 

The  Commissioners  ffind  it  very  necessary  to  have  a  caussy  made 
out  in  the  moss  of  Whitehouse  as  the  common  road  leads  to  Cullen, 
and  vote  forty  shillings  to  Sir  Robert  Abercrombie  for  the  work. 


360  RECORDS    OF    THE    COUNTY    OF    BANFF. 

In  the  sederunt  of  Commissioners  of  Supply  held  on  3rd  October 
1735,  \ve  have  the  first  appearance  of  the  Laird  of  Bracco's  new  title.  He 
had  been  raised  to  the  Irish  peerage  on  28th  July  1735  as  Baron  Braco, 
and  though  his  title  is  written  "  Bracco  "  in  this  sederunt,  he  invariably 
signed  the  minutes  of  the  meetings  he  presided  over  "  Braco." 

That  day  Captain  James  Innes,  the  overseer,  allowed  fifty  merks  Scots 
additional  sallary  for  the  year  only,  the  increase  not  to  be  considered  a 
precedent. 

Glengarrock  reported  that  the  bridge  over  the  Burn  of  Glengarrock 
was  finished  at  an  outlay  of  five  pounds  more  than  the  fifteen  pounds 
formerly  voted  him.  The  extra  five  pounds  were  voted  him. 

The  Commissioners  ordain  twenty-three  pounds  Scots  to  be  paid  to 
Thomas  Innes  of  Muiryfauld  for  the  causeway  already  made  out  by 
him  at  Nethermiln. 

Banff,  4th  June  1736. — 

Captain  Innes  continued  overseer  at  the  same  salary  as  he  had  last 
year,  viz.,  two  hundred  mcrks  Scots. 

The  meeting  authorised  the  building  of  a  bridge  over  the  Burn  of 
Retanach,  being  on  a  public  road,  and  allowed  James  Ogilvie  of 
Rothiemay  any  sum  not  exceeding  ten  pounds  sterling  to  carry  on  the 
work,  which  was  placed  under  the  direction  of  Rothiemay  and 
Ardmeallie. 

The  Collector  was  authorised  to  pay  into  George  Robertson  at  Miln 
of  Ribra  six  pounds  Scots  additional  expended  by  him  in  building  a 
bridge  over  the  Burn  of  Rebra. 

Banff,  26th  May  1737,  in  a  meeting  of  Commissioners  of  Supply, 
Sederunt  : — Sir  Robert  Abercromby  of  Birkenbog,  Patrick 
Gordon  of  Ardmeallie,  William  Leslie  of  Melross,  John  Innes  of 
Edingight,  George  Joass  of  Colleonard,  Robert  Innes  of  Culvie, 
Alexr.  Innes,  Provost  of  Banff,  and  James  Innes,  Eldest  Baillie 
of  Banff  for  the  time,  William  Duff  of  Whitehill — Ardmeallie 
preses. 

Archibald  Dunbar  of  Tillienaught  produced  a  contract  entred  into 
betwixt  him,  Sir  James  Dunbar  of  Durn,  Walter  Ogilvie  of  Culphin 
and  Patrick  Lorimer,  chamberlaine  to  the  Earle  of  ffindlater,  on  the 


MAJOR-GENERAL    GORDON    AND    AUCHINTOUL    BRIDGE.  361 

one  part,  and  Alexander  and  William  Hectors  measons  on  the  oyr  part, 
for  building  a  bridge  over  the  Burn  of  Boynd  near  to  Tillienaught, 
whereby  they  were  bound  in  name  of  the  shire  to  pay  to  the  said 
Alexander  and  William  Hector  ffive  hundred  merks  Scots  for  building 
said  bridge,  and  which  is  now  built,  and  the  said  sum  paid  as  appears  by 
the  recept  on  the  foot  of  the  said  contract  by  the  said  William  Hector 
to  the  said  Archibald  Dunbar ;  as  also  Tillienaught  represented  that  he 
had  paid  twenty  merks  Scots  to  the  constable  for  services  p.  recept 
with  ffour  punds  Scots  of  incidents  anent  said  bridge,  making  in  all 
three  hundred  and  ffifty  punds  thirteen  shillings  and  four  pennies  Scots. 
The  Commissioners  therefore  approve  of  what  Sir  James  Dunbar, 
Tillienaught  and  the  oyr  gentlemen  concerned  have  done  in  that 
matter,  exoner  Tillienaught  of  the  said  sum  received  by  him  from  the 
Collector,  and  ordain  the  same  to  be  allowed  to  the  said  Alexr.  Innes 
[the  Collector]  in  his  accompts. 

An  estimate  of  the  cost  of  the  bridge  at  Burnend  in  fforglane, 
amounting  to  eight  pounds  four  shillings  and  fourpence  sterling,  was 
given  in ;  and  the  Collector  was  ordered  to  pay  the  same  to  Arthur 
Gordon  of  Carnousie. 

Payment  of  twelve  pounds  twelve  shillings  sterling  was  ordered  to 
be  made  to  Captain  George  Grant  or  Robert  Grant  of  Tamore  for 
repairing  bridges  and  highways  in  Inveravin. 

MAJOR-GENERAL  GORDON  AND  AUCHINTOUL  BRIDGE. 

The  meeting  of  Commissioners  of  Supply  held  on  3Oth  September 
1737  is  chiefly  notable  on  account  of  the  appearance  of  Major- 
General  Gordon  of  Auchintoul  at  the  County  Meeting.  The  bridge 
on  the  Auchintoul  burn,  to  supervise  the  building  of  which  he 
had  been  appointed  on  315!  October  1728  an  overseer,  had  been 
damaged  by  a  spate,  and  the  General  seems  to  have  come  out  of  his 
long  retirement  to  attend  to  this  matter,  which  was  of  interest  to  his 
native  parish.  There  were  present: — Lord  Braco,  Major  Generall 
Gordon,  Glassaugh,  Crombie,  Ardmeallie,  Montblairie,  Colleonard— 
Lord  Braco  preses. 

Ardmeallie  represented  that  one  of  the  arches  of  the  Bridge  of 
Auchintoul  having  lately  failled  by  a  violent  speat,  by  which  the  haill 
bridge  was  in  hazard,  and  that  he  to  prevent  further  damnage  had 
imployed  William  Hector  meason  to  repair  the  same,  at  a  cost  of 

v  2 


362  RECORDS    OF    THE    COUNTY   OF    BANFF. 

ffourty-seven  punds  three  shillings  four  pennies  Scots,  the  Commis- 
sioners, keeping  in  view  the  resolution  of  gth  June  1730,  because  they 
are  not  sufficiently  empowered  to  dispose  of  any  highway  money  at  a 
meeting  of  this  kind,  recommend  to  next  Generall  Meeting  to  consider 
of  this  accompt  among  the  first  things. 

The  Commissioners  recommend  to  Coll.  Innes,  overseer  of  the 
highways,  to  call  in  and  receive  the  haill  gavelocks  and  tools  belonging 
to  the  shire,  and  have  them  all  in  Banff  against  next  general  meeting ; 
and  if  any  person  who  are  possest  of  any  of  them  refuse  to  deliver 
them  up,  they  recommend  to  their  said  overseer  to  prosecute  them 
before  the  Justices. 

AT  a  meeting  of  Commissioners  of  Supply  held  on  26th  May  1738 : 
Present — Lord  Braco,  Glassaugh,  Carnousie,  Montblairy, 
Glengnrrock,  Meyan  younger,  Edingeith,  Ardmeallie,  Melross, 
Colleonard,  Bogg,  John  Ord  of  Findochtie  as  eldest  Baillie  of 
Cullen,  Sir  William  Dunbar  of  Durn,  William  Duff  of 
Whitehill — Lord  Braco  preses. 

Captain  James  Innes,  overseer,  allowed  the  sum  of  three  hundred 
merks  Scots  of  sallary  for  his  pains  trouble  and  attendance. 

Ardmeallie  allowed  his  expenditure  in  rebuilding  the  Bridge  of 
Auchintoul  referred  to  in  the  minute  of  meeting  of  30th  September 
1737- 

A  proposed  bridge  over  the  Burn  of  Pathhead,  formerly  resolved 
upon  and  lying  over  for  want  of  a  proper  estimate,  was  ordered  to  be 
built,  Montblairie,  Carnousie  and  Bogg  being  instructed  to  contract 
with  workmen  for  the  same. 

Repairs  ordered  at  a  sum  not  exceeding  five  pounds  sterling  for 
causys  and  a  small  arch  in  the  Petterden  road,  under  the  direction  of 
Glassaugh  and  Ardmeallie. 

Lord  Banff  applied  for  a  bridge  over  the  Burn  of  Blacktown  [Alvah] . 
The  Commissioners  ffind  it  to  be  a  necessary  work,  and  recomend  to 
Ardmeallie  and  Bogg  to  make  out  an  estimate  of  the  charge  it  will  cost, 
to  be  laid  before  next  meeting. 

This  meeting  relaxed  the  strict  resolution  of  date  gth  June  1730, 
enacting  that  in  tyme  comeing  it  shall  not  be  in  the  power  of  any  two 
or  three  or  more  Commissioners  to  draw  precepts  on  the  Collr. 
for  the  highway  money,  unless  the  same  be  done  by  the  Commrs. 
at  a  Generall  Meeting  regularly  called ;  and  reverted  to  the  laxer 
practice  prevailing  before  that  time. 


ENCROACHMENTS    UPON    PUBLIC    ROADS.  363 

The  Commissioners  impower  Captain  Innes,  the  overseer,  to  make 
causys  in  the  publick  roads,  wherever  he  ffinds  the  same  absolutely 
necessary,  without  application  to  the  Commissrs ;  the  work  when 
finished  to  be  viewed  and  attested  by  any  two  Commissioners  next 
adjacent,  and  with  which  the  overseers  precept  on  the  Collr.  is  declared 
sufficient  warrand  for  him  to  pay  the  charge  of  the  same. 

On  a  representation  that  one  of  the  arches  of  the  bridge  at  Tilly- 
naught  had  already  failled,  and  that  the  bridge  [was]  like  to  go  to  ruin, 
the  meeting  appointed  Alexr.  Rhind  and  George  Path  measons  to  go 
and  view  said  bridge,  and  consider  how  farr  the  measons  \vho  were 
imployed  in  building  said  bridge  have  done  their  work  sufficiently, 
and  whether  or  not  there  be  a  right  ffoundation,  and  to  make  report 
what  may  be  the  reason  of  the  said  bridge  failling  so  soon,  and 
what  it  may  cost  to  repair  the  same ;  and  in  the  meantime  recom- 
mend to  the  gentlemen  who  are  named  overseers  for  building  the  said 
bridge  to  cause  prosecute  Hectors  before  the  Justices  of  Peace  to 
answer  for  their  conduct  and  any  neglect  or  insufficiency  that  may 
appear  in  building  said  bridge.  This  to  be  done  on  the  shires  charges ; 
and  they  discharge  the  said  Hectors  from  being  imployed  in  any 
publick  work  in  the  shire  untill  they  repair  said  bridge,  if  it  appear  the 
same  has  failed  by  the  insufficiency  of  their  work. 

The  overseer  was  directed  to  prosecute  anyone  encroaching  on  the 
public  highways. 

At  a  Justice  of  Peace  Court  held  on  the  3ist  May  1738. — 
Alexander  Rhind  and  George  ffaath,  masons  in  Banff',  gave  in  a 
report  that  the  building  of  the  Bridge  at  Tillienaught  was  sufficient, 
had  the  channel  of  the  burn  been  shoed  or  causied.  The  matter  was 
continued  to  the  Michaelmas  Head  Court. 

Coll.  Innes,  overseer  of  highways,  gave  in  a  complaint,  representing 
that  severall  tennants  of  the  Earl  of  ffindlater,  Sir  Alexr.  Reids  and 
Rothimays  had  much  encroached  upon  the  highways,  and  that  in  some 
places  the  roads  were  scarce  five  foot  broad,  and  the  transgressors  being 
cited  to  this  day  and  compearing,  there  was  a  missive  letter  produced 
from  Patrick  Lorimer,  ffactor  to  the  Earl  of  ffindlater,  promising  that 
the  whole  roads  within  the  Earls  estate  should  be  made  at  least  twenty 
foot  broad  as  the  law  directs,  and  that  Coll.  Innes  had  taken  burden 


364  RECORDS  OK  THE  COUNTY  OF  BANFF. 

upon  him  for  Rothimay,  and  Montblairie  for  Sir  Alexr.  Reids  tennants, 
that  they  should  do  the  same.  The  Justices  therefor  continue  the 
complaint  agt  all  these  persons  untill  the  Michaelmas  Head  Court,  and 
ordain  Coll.  Innes  to  give  in  a  report  against  that  time  of  such  persons 
as  are  deficient,  and  likeways  agt  those  that  refuse  to  come  out  when 
called  on  to  repair  the  highways. 

BRIDGE  AT  BALVENIE  UPON  THE  WATER  OF  FIDDICH. 

Lord  Braco,  who  had  large  interests  in  Mortlach,  in  1724-25  built 
as  his  residence  there  the  House  of  Balvenie.  The  bridge  referred  to 
in  next  minute,  and  called  in  the  minute  of  the  Michaelmas  meeting 
of  the  Commissioners  of  Supply  of  1742  "the  Bridge  of  Balveny,"  was 
built  within  a  few  hundred  yards  of  his  House  of  Balvenie,  and  would 
afford  easier  access  to  it  and  to  the  county  west  of  the  Fiddich.  The 
bridge  was  most  likely  built  near  the  site  of  the  present  "  Toll  Brig," 
which  has  replaced  it. 

AT  Banff  the  fifth  day  of  June  1739,   Meeting  of  Commissioners  of 
Supply  of  Banffshire  :    Present — The    Right   Honourable  Lord 
Braco,    Glassaugh,    Achynanie,    Glengarock,   Lesmurdies  Elder 
and  Younger,  William   Duff  of  Whitehall,  Newton,  Edingeith, 
Culvie,  Badenspink,  Colleonard,   Bogg,  Provost  of  Banff,  and 
James    Innes    eldest    Bailie,   Ardmely,    Melross    and    Kininvie, 
who  unanimously  made  choice  of  Lord  Braco,  preses. 
Captain   James   Innes  continued  overseer   at  his  former    salary   of 
three  hundred  merks. 

Said  day  there  was  a  petition  given  in  in  name  of  Lord  Braco  and 
other  heritors  within  Mortlich  parish,  setting  furth  that  its  very 
necessary  to  have  a  bridge  upon  the  watter  of  Fiddich  a  little  below 
Tininver,  and  craveing  that  a  proper  sume  may  be  ordered  for  building 
thereof.  The  Commissioners  find  that  to  be  a  necessary  work,  and 
ordain  their  Collector  to  answer  in  the  meantime  as  funds  comes  to  his 
hand  the  sume  of  twenty  pounds  sterline  to  Achoynanie,  Lesmurdies 
elder  and  younger,  Kininvy  and  Alexr.  Gordon  of  Keithmore,  ffactor  to 
His  Grace  the  Duke  of  Gordon,  or  any  two  of  them  upon  their  precepts, 
with  power  to  them,  or  any  two  as  said  is,  to  contract  with  workmen, 
and  make  the  most  frugall  bargains  they  can,  and  carry  on  the  work, 
and  to  report  to  the  Commissioners  what  further  sume  it  may  take  to 
finish  said  bridge. 


BRIDGE    OF    AVEN    IN    KIRKMICHAEL.  365 

The  same  meeting,  having  likeways  considered  a  petition  in  name  of 
the  heritors  and  inhabitants  of  the  parish  of  Kirkmichaell,  setting  furth 
that  they  had  raised  private  contributions  and  other  funds  for  building  a 
bridge  over  the  water  of  Aven  in  their  parish,  that  they  never  received 
any  of  the  highway  money  within  the  parish,  therefore  craving  the 
Commissioners  might  order  a  sume  for  compleating  said  bridge  and 
paying  up  the  workmen,  the  Commissioners  ordain  the  Collector  to  pay 
to  Thomas  Gordon  of  Fotherlater  and  Peter  Constable  the  petitioners 
in  name  of  the  said  parish  the  sume  of  two  hundred  merks  Scots,  upon 
account  of  sd.  work,  upon  the  recept  and  oblidgement  to  apply  the  same 
duely,  and  satisfie  the  Commissioners  thereof. 

The  Commissioners  the  same  day  appoint  the  sume  of  two  pound 
sterline  to  Glassaugh  and  Peter  Lorimer,  ffactor  to  the  Lord  Findlater, 
for  repairing  the  Bridge  of  Boyn  upon  their  receipt  and  showing  how 
its  applyed. 

They  also  recomend  to  Peter  Lorimer  and  James  Mill  to  repair  the 
Bridges  of  Boyndie  and  Boyn,  and  upon  being  attested  by  the  overseer, 
the  Collector  to  answer  the  charge.  But  the  charge  of  leading  stones 
sand  or  lime  not  to  be  reckoned  on. 

The  overseer  is  hereby  appointed  as  he  has  occasion  from  time 
to  time  to  call  in  people  to  repair  the  roads,  that  such  as  neglect  to 
come  in  after  being  regularly  called  by  intimation  at  the  church,  that 
wherever  the  same  may  happen  he  apply  to  the  next  Justice  of  Peace 
to  have  deficients  fined,  and  the  fine  levied  summarily  in  terms  of  law, 
the  overseer  being  always  accountable  for  the  fines  he  receives. 

The  exact  spot  where  the  bridge  on  the  Aven  was  built — and  from 
the  minute  we  may  fairly  infer  that  it  was  built — one  can  hardly  say- 
without  extraneous  evidence.  The  bridge  would  be  on  some  established 
route,  and  as  Gordon  of  Fodderletter  particularly  interested  himself  in 
its  erection,  it  may  have  been  built  near  Fodderletter,  and  near  the 
point  where  the  present  bridge  at  Campdelmore  carries  the  road  from 
Corgarff  to  the  Spey  at  Grantown  by  way  of  the  Lecht  and  Glen 
Brown.  If  that  is  so,  it  could  not  have  stood  long,  for  we  find  from  a 
description  of  that  road  in  Allardyce's  "  Historical  Papers,"1  under  date 
gth  July  1747,  that  the  crossing  of  the  Aven  in  that  district  is  called  "the 
Foord  of  Carnagovall."  Later,  in  1749,  in  a  Military  Report,  also  quoted 

1  "Historical  Papers,"  Vol.   II.,  New  Spalcling  Club,  pp.   504-8  and  54,5. 


366  RECORDS   OF  THE   COUNTY  OF   BANFF. 

by  Allardyce,  the  following  description  is  given  of  the  same  line  of 
road : — "  It  afterwards  rises  over  a  High  Mountain,  calld  Lecht,  falls 
down  and  crosses  the  Burn  of  Lecht,  goes  down  the  side  of  a  burn 
called  Canglas  about  two  miles,  and  after  crossing  the  ford  of 
Carnagoval  on  the  River  Awn  (where  there  is  a  pass  calld  the  pass 
of  Carnagoval,  near  which,  at  a  place  calld  Kamdillvaih,  old  Glen 
Buckett's  house  stood),  it  passes  through  a  little  wood  and  enters  on 
Glen  Brown."  In  1754  five  Companies  of  the  33rd  Regiment  under 
Colonel  Lord  Charles  Hay  made  out  the  road  from  Lecht  to  the  Spey 
at  Grantown.  An  inscription  on  a  well  at  the  roadside  on  the  Lecht 
bears  this  out ;  and  Shaw,  a  contemporary,  in  his  "  Province  of  Moray," 
records  that  "  above  the  Church  of  Kirkmichael  is  Ruthven-Camdale, 
where,  in  1754,  a  bridge  of  three  arches  was  built  over  the  river  on 
the  military  road."  Sir  T.  Dick  Lauder,  who  visited  the  place  in  1830 
in  search  of  material  for  his  "  Moray  Floods,"  recounts  that  "  the  old 
Bridge  of  Campdale,  built  by  General  Wade,  of  two  arches  of  48  and 
20  feet  span,  had  the  smaller  one  carried  off,  a  circumstance  that  saved 
the  larger."  Shaw  seems  wrong  in  stating  that  the  bridge  had  three 
arches,  and  Dick  Lauder  would  seemingly  have  been  more  correct  if 
he  had  given  Colonel  Hay  the  credit  of  building  the  bridge. 

Banff,  the  3ist  of  May  1740  years  at  a  meeting  of  the  Commissioners 
of  Supply  held  by  Lord  Bracco,  Ardmeallie,  Muryfold,  Meyan 
yr.,  Monblairy,  William  Duff  of  Whitehill,  the  Eldest  Baillie  of 
Banff,  Carnousie,  Glassaugh,  Melross,  Colleonard,  Edengight. 

THE  BRIDGE  OF  BALVENIE. 

The  Commissioners  haveing  considered  a  plan  laid  before  them  of  a 
bridge  intended  to  be  built  upon  the  watter  of  ffiddich,  which  was  found 
to  be  necessary  at  last  meeting,  the  charge  yrof  by  sd.  plan  being  ffourty 
pound  sterling,  they  ordain  the  sd.  bridge  to  be  built,  and  the  sd.  sum 
of  ffourty  pound  sterling  to  be  paid  to  Alexr.  Stuart  of  Lessmurdie  from 
time  to  tyme,  as  he  shall  draw  precepts  for  carying  on  the  sd.  work, 
after  yr.  Collr.  has  answered  former  orders  and  draughts ;  having  hereby 
named  the  sd.  Alexr.  Stuart  oversier  for  carying  on  sd.  work,  and  in  the 
meantyme  the  Lord  Bracco  enacts  himself,  that  after  the  sd.  Bridge  is 
built  and  the  forsaid  sum  laid  out  yron,  to  uphold  the  same  on  his 
Lordships  charges  for  the  space  of  twenty  years. 


THE  BRIDGE  OF  BALVENIE.  367 

ENCROACHMENTS  UPON  PUBLIC  ROADS. 

The  Commissioners  recomend  to  yr.  oversier  to  issue  out  ane 
advertisement  in  every  parish  requireing  that  the  publick  roads  where 
they  are  too  narrow  may  be  rectified  and  helped ;  and  afterwards,  if  the 
same  is  neglected,  that  he  apply  to  the  Justices  of  Peace  and  heretors 
to  have  the  same  done  in  terms  of  law. 

The  Commissioners  recomend  to  the  oversier  to  call  in  for  the  haill 
tools  belonging  to  the  shyre,  and  bring  them  to  Banff  betwixt  and  the 
first  day  of  August,  and  ordain  the  oversier  to  prosecute  all  persons 
before  the  Justices  of  Peace  who  refuse  to  deliver  up  the  same. 

On  ist  June  1742,  the  Commissioners  recommended  to  a  Committee 
named  to  receive  a  petition  of  George  Gordon  of  Buckie  and  other 
heritors  of  Rathven  for  building  bridges  over  the  Burns  of  Buckie  and 
Tynet,  and  to  order  a  part  of  the  highway  money  for  that  purpose. 

Banff,  the  nineteenth  day  of  June  one  thousand  seven  hundred  and 
fourty  two  years,  conveened  the  following  gentlemen  Commis- 
sioners of  Supply  of  Banffshire,  v\xt. :  —  Patrick  Gordon  of 
Ardmeallie,  John  Innes  of  Edingight,  John  Innes  of  Edingight 
younger,  William  Leslie  of  Melross,  George  Joass  of  Colleonard, 
John  Ogilvie,  Baillie  of  the  Regality  of  Ogilvie,  Thomas  Stuart 
of  Bogg,  Alexr.  Innes,  Provost  of  the  Burgh  of  Banff  for  the 
time,  George  Abernethie,  Eldest  Baillie  for  the  said  Burgh  for 
the  time,  as  a  Committee  of  the  Commissioners  of  Banffshire. 

As  George  Gordon  of  Buckie  and  the  heritors  of  Raffan  had  not 
given  in  an  estimate  of  the  charge  that  would  be  necessary  for  building 
the  bridges  over  the  Burns  of  Buckie  and  Tynet,  consideration  of  the 
matter  was  continued  to  the  meeting  in  August. 

THE  BRIDGE  OF  BALVENIE. 

Thereafter,  William  Leslie  of  Melross  represented  that  the  bridge, 
which  the  Commissioners  formerly  ordered  to  be  built  over  Fiddich, 
and  for  which  ffourty  pounds  sterling  is  appointed  to  be  paid  for 
defraying  the  charges  thereof,  was  now  built  and  finisht,  but  that  it  was 
still  necessary  to  have  a  causyway  and  arch  on  the  north  side  of  said 
bridge  for  giveing  more  easy  access  thereto  in  time  of  speats,  and  for 
which  it  will  cost  about  ten  pounds  sterling:  They  therefore  recommend 
to  Melross,  Lesmurdie  and  Tullich,  or  any  of  them,  to  contract  for  said 


368  RECORDS  OF  THE  COUNTY  OF  BANFF. 

work  for  any  sum  not  exceeding  ten  pounds  for  carrying  on  the  same, 
which  the  contractors  are  to  advance  in  the  meantime  till  the  shires 
funds  answer ;  and  they  hereby  ordain  that  the  same  may  be  paid  out 
of  the  highway  money  after  all  former  orders  are  satisfied,  and  after 
paying  in  to  Buckie  and  heretors  of  Raffan  what  will  be  sufficient  for 
defraying  the  charges  of  building  the  two  small  bridges  on  the  Burns  of 
Buckie  and  Tynet,  which  they  ordain  to  have  the  preferrence  as  being 
first  applyed  for,  and  that  there  was  never  any  highway  money  given 
formerly  for  building  bridges  or  repairing  highways  in  the  Enzie. 

BRIDGES  OF  BUCKIE  AND  TYNET. 

Banff,  ist  Oct01.  1742,  att  a  meeting  of  the  Commissioners  of  Supply 
of  Banff  County:  Present — Sir  Robert  Abercrombie,  Ardmeallie, 
The  Provost  and  Eldest  Baillie  of  Banff,  John  Ogilvie,  Baillie 
of  the  Regality  of  Ogilvie. — Sir  Robert  Abercrombie,  preses. 
The  Commissioners  having  considered  a  letter  from  George  Gordon 
of  Buckie  anent  the  charges  and  some  necessarys  for  building  a  bridge 
over  the   Burn  of    Buckie,  with  letter  from  John  Chalmers,  meason, 
directed  to  Buckie,  showing  that  he  had  made  ane  estimate  of  what 
the  said  bridge  may  cost,  which  must  be    twenty  foot  of   an  arch  in 
widness  betwixt  the  land  stools,  nine  foot  on  the  top  betwixt  the  revels, 
and  that  it  will  require  the  sum  of  twenty  pounds  sterling  for  that 
purpose,  the  undertaker  furnishing  wood  lime  stones  iron  and  workman- 
ship, the  country  answering  for  the  carriage  of  all  materialls. 

The  Commissioners  having  considered  the  said  application  from 
Buckie  and  oyr.  heritors  of  the  Enzie,  and  knowing  the  sd.  bridge  to  be 
absolutely  necessary,  they  appoint  their  Collector  to  pay  to  George 
Gordon  of  Buckie,  as  soon  as  money  can  answer  after  paying  the  Bridge 
of  Balveny  according  to  former  minutes,  any  sum  from  time  to  time 
for  carrying  on  the  work  not  exceeding  twenty  pounds  sterling  upon  the 
said  George  Gordon  his  draughts,  which  is  hereby  declared  to  be 
sufficient  to  the  Collector;  and  they  recommend  to  him  to  contract  with 
a  workman  for  building  said  bridge,  to  give  the  necessary  directions  yr. 
anent,  and  that  he  may  take  the  meason  contracting  bound  to  uphold 
the  work  for  at  least  twenty  years  according  to  the  former  resolution  of 
the  Commissioners. 

ROBERT  ABERCROMBY. 


THE    BRIDGE    OF    BALVENIE.  369 

Banff,  i8th  May  1743.  Att  a  meeting  of  Commissioners  of  Supply  of 
Banff  County:  Conveened — Sir  Alexr.  Reid  of  Barra,  John  Innes 
of  Edingight,  John  Gordon,  Baillie  of  the  Regallity  of  Enzie, 
George  Joass  of  Colleonard,  Patrick  Gordon  of  Ardmeallie, 
John  Ord  of  ffindochtie,  Eldest  Baillie  of  Cullen,  William 
Leslie  of  Melross,  Alexr.  Keith  of  Northfield,  Alexr.  Gordon  of 
Whiteley,  James  Chalmers  of  Bellnellan,  John  Ogilvie,  Baillie 
of  the  Regallity  of  Ogilvie,  Mr.  Alex.  Chalmers  of  Clunie, 
Walter  Ogilvie  of  Badenspink,  William  Ogilvie,  Baillie  of  the 
Regallity  of  Strathisla,  James  Innes,  Eldest  Baillie  of  Banff, 
Alex.  Gordon  of  Muiraik,  John  Innes,  younger  of  Edingight, 
Patrick  Duff  of  Whitehill,  Robert  Innes  of  Culvie,  John 
Johnstown  of  Elrick,  Alex.  Innes,  Provost  of  Banff,  and  Alex. 
Abernethie  of  Corskie,  who  unanimouslie  made  choice  of 
Patrick  Gordon  of  Ardmeallie  to  be  preses. 

Mr.  Leslie  of  Melross  produced  a  declaration  under  the  hand  of 
Alexander  Stuart  of  Lessmurdie  and  James  Leslie  of  Kinninvie,  dated 
in  October  last,  testifying  that  they,  in  consequence  of  the  Commissrs 
order  in  June  last,  had  aggreed  with  John  Mackonachie  meason  for 
putting  up  two  additionall  arches  to  the  bridge  lately  built  over  the 
water  of  ffiddich,  and  that  the  said  additionall  arches  are  now  suffi- 
ciently built  and  put  up,  for  which  they  aggreed,  in  name  of  Lord 
Braco,  to  pay  him  ten  pounds  stg.  therefore,  and  which  in  name  of  his 
Lop.  is  paid  to  him  accordingly.  The  Commissioners  therefore  appoint 
the  Collector  to  pay  the  said  sum  of  Ten  pounds  sterling  to  Lord  Braco. 
John  Ord  of  ffindochtie  produced  a  representation  from  Alexr.  Grant 
of  Tochieniel,  as  ffactor  to  the  Earle  of  ffindlater,  shewing  that  there  is 
still  some  more  causey  necessary  upon  the  high  road  betwixt  Birkenbogg 
and  Cullen  in  the  Moss  of  Whitehouse,  as  also  in  the  Brae  of 
Garronhead  in  the  highway  betwixt  Banff  and  Cullen.  They  therefore 
appoint  the  said  Alex.  Innes  preferable  to  all  orders  to  pay  to  the  said 
Alexr.  Grant  any  sum  not  exceeding  thirty-six  pounds  ten  shillings 
Scots  for  causeying  at  the  said  required  places,  and  impower  him  and 
ffindochtie  with  their  overseer  to  give  directions  yr  anent,  and  to  certifie 
the  same  when  finished,  and  that  ye  said  Alexr.  Grant  his  recept  for 
the  money  expended  shall  be  a  sufficient  instruction  for  the  Collector. 

PET.  GORDONS  P, 
w  2 


37O  RECORDS   OF   THE    COUNTY   OF    BANFF. 

Banff,  lyth  May  1744.  Att  a  meeting  of  Commissioners  of  Supply 
of  the  County  of  Banff:  Present — Patrick  Gordon  of  Ardmeallie, 
John  Innes  of  Edingight,  John  Innes  of  Edingight,  younger, 
William  Leslie  of  Melross,  George  Joass  of  Colleonard,  John 
Ogilvie,  Baillie  of  the  Regality  of  Ogilvie,  Walter  Ogilvie  of 
Badenspink,  Alexr.  Hary  Gordon  of  Muiraik,  Mr.  Alexr. Chalmers, 
minister  of  the  Gospell  at  Marnoch  heretor  of  Clunie,  Alexr. 
Innes,  Provost  of  Banff,  James  Innes,  Eldest  Baillie  of  Banff, 
Ardmeallie  chosen  preses,  present  also,  Robert  Innes  of  Culvie 
and  John  Johnstown  of  Elrick. 

Ardmeallie  produced  a  contract  betwixt  Lessmurdie  and  Kinninvie 
and  workmen  for  building  the  new  addition  and  causie,  which  was 
ordered  at  the  Bridge  of  ffiddich,  as  also  a  declaration  by  the  said 
gentlemen  that  the  work  was  finished,  and  compleat,  the  charge  whereof 
amounted  to  ten  pounds  sterling.  They  therefore  appoint  the  Collector 
to  pay  the  same  out  of  the  highway  money  to  Lessmurdie,  and  to  take 
his  discharge  therefore,  which  shall  be  a  sufficient  instruction  for  the 
Collector. 

They  likeways  ffind  that  Lord  Braco  has  necessarily  laid  out  the 
sum  of  seven  pounds  eleven  shillings  sterling  for  a  bridge  over  the 
Burn  of  Rattannach  and  a  causy  adjoining  to  it  of  three  hundred  elns, 
being  a  publick  road.  They  approve  of  said  work,  and  appoint  their 
Collector  to  pay  said  sum  to  his  Lop.  as  soon  as  funds  can  answer, 
after  paying  to  Buckie  and  the  oyr.  heretors  of  Raffan  what  is  formerly 
appointed  to  be  paid  them  for  building  bridge  over  the  Burn  of  Buckie. 

They  ffurther  recomend  to  Sir  William  Gordon  of  Park,  Ardmeallie 
and  Culvie  and  Mr.  Chalmers,  or  any  two  of  them,  to  inspect  the 
publick  road  that  passes  by  Culvie  to  the  Boat  of  Aberchirder,  and  to 
appoint  such  places  to  be  causyed  on  said  road  as  they  shall  see 
absolutely  necessary,  and  they  empower  Culvie  to  imploy  workmen  and 
pay  them  at  the  sight  of  the  above  gentlemen  or  any  two  of  them  after 
the  work  is  finished ;  and  they  ordain  their  Collector  to  repay  Culvie 
any  sum  advanced  by  him  on  that  account  as  soon  as  funds  answer, 
after  paying  the  above  orders  already  mentioned  to  Lessmurdie, 
Buckie  and  Lord  Braco. 

PET.  GORDONE,  P. 


SIR   WILLIAM    GORDON    OF    PARK,    CONVENER.  371 

ATT  Banff  the  seventeenth  day  of  May  one  thousand  seven  hundred 
and  fourty  five  years :  Conveened  the  following  gentlemen, 
Commissioners  of  Supply  of  the  County  of  Banff — Sir  Robert 
Abercrombie  of  Birkenbogg,  Sir  William  Gordon  of  Park,  Sir 
Alexr.  Reid  of  Barra,  Arthur  Gordon  of  Carnousie,  Peter  Gordon 
of  Ardmeallie,  James  Reid,  younger  of  Barra,  Peter  Duff  of 
Whitehill,  John  Innes  of  Edingight,  John  Innes  of  Edingight, 
yor.,  James  Innes,  Provost  of  Banff,  Robert  Innes  of  Culvie, 
George  Joass  of  Colleonard,  Alexr.  Hary  Gordon  of  Muiraik, 
George  Abernethie,  Eldest  Baillie  of  Banff,  Alex.  Innes  of 
Rosieburn,  James  Ogilvie  of  Melross. 

Sir  William  Gordon  of  Park,  the  preses  of  the  meeting,  named  their 
Convener  for  the  current  year. 

Thereafter  the  Commissioners,  upon  the  application  of  Edengight, 
ordained  their  Collector  to  give  him  upon  recept  ffourty  shillings 
sterling  for  repairing  the  Bridges  of  Grange  and  Fortrie,  and  that  he 
may  report  to  next  meeting  how  the  same  has  been  applyed. 

They  also  find  that  there  was  an  application  in  the  year  1738  for 
having  a  bridge  built  over  the  Burn  of  Blacktown,  at  which  time  the 
Commissioners  found  that  to  be  a  necessary  work  ;  but  as  nothing 
ffurther  has  been  done  since  that  time,  they  now  appoint  that  bridge  to 
be  first  built ;  and  as  the  charge  cannot  be  immediately  ascertained, 
they  recommend  to  and  authorise  Carnousie,  Ardmeallie  and  the  forsd. 
James  and  Alexr.  Inneses,  or  any  two  of  them,  to  pitch  upon  a  proper 
place  for  building  said  bridge,  to  contract  with  measons  and  other 
workmen  yrfore  in  as  frugall  a  manner  as  possible,  and  to  cause  execute 
the  said  work  with  all  convenient  dilligence,  and  for  that  end  to  draw 
upon  the  Collector  for  what  money  may  be  necessary  from  time  to  time 
for  carrying  on  the  work,  which  he  is  hereby  impowered  to  answer,  and 
the  same  shall  be  allowed  him. 

ENCROACHMENTS   UPON   PUBLIC   ROADS. 

The  Commissioners  again  repeated  their  warnings  against  the  failure 
of  the  people  to  give  the  statute  labour  and  against  encroachments  on 
the  roads.  They  appoint  their  Collector  to  adject  to  his  intimations 
for  the  cess,  that  its  their  express  orders  that  the  tennants  and  country 
people  in  each  parish,  when  they  are  called  out  by  the  overseer  for 


372  RECORDS  OF  THE  COUNTY  OF  BANFF. 

repairing  the  highways,  give  punctuall  attendance,  otherways  they 
will  be  prosecute  and  fined  as  the  law  directs,  as  also  that  they  make 
out  headriggs  and  end  riggs  upon  the  lands  next  to  the  highways, 
otherways  they  will  be  likeways  prosecute  for  the  neglect  thereof. 

Thereafter  such  of  the  gentlemen  named  as  are  Justices  of  Peace  of 
this  County,  constitute  themselves  into  a  Justice  of  Peace  meeting  and 
named  the  said  Sir  William  Gordon  of  Park  to  be  preses,  and  dealt 
with  the  following  case  of  casting  about  a  part  of  the  King's  highway 
in  virtue  of  the  Act  of  1669.  The  Justices  likewise  took  steps  to  assist 
the  Commissioners  of  Supply  to  have  the  roads  in  the  county  made  the 
legal  width,  and  to  prevent  encroachments  being  made  upon  them. 

It  being  represented,  in  name  of  my  Lord  ffindlater,  to  the  Justices 
that  the  publick  road  after  passing  the  Bridge  of.  Durn  in  the  King's 
highway  betwixt  Banff  and  Cullen  is  become  quite  impassible  by  the 
brae  on  the  side  of  the  said  road  giveing.  way  and  falling  down,  and 
that  it's  absolutly  necessar  to  alter  the  said  road  and  carry  it  in 
through  the  head  of  the  Town  of  Portsoy  or  thereby,  and  for  that  end 
his  Lop.  has  caused  the  tennant  leave  out  a  rigg  of  land  for  making  out 
said  road,  and  was  desireous  to  have  the  Justices  of  Peace  concurrence 
for  that  effect.  The  Justices  ordain  the  said  road  to  be  altered  and 
made  out  at  the  sight  of  Sir  Robert  Abercromby,  Sir  William  Dunbar, 
Mr.  Grant  of  Tochieneel  and  the  overseer,  or  any  two  of  them 
accordingly. 

The  Justices  recomend  to  the  heretors  in  every  parish  to  meet  the 
overseer  and  to  adjust  the  roads  in  the  severall  parishes,  and  ascertain 
the  breadths  thereof,  and  that  they  give  directions  to  their  tennants,  in 
the  way  of  labouring  their  land,  that  where  their  lands  join  the  highway 
they  take  care  to  make  out  head  riggs  and  end  riggs,  which  they  ordain 
to  be  intimate  in  the  intimation  for  the  cess,  certifying  all  transgressors 
that  they  will  be  punisht  as  the  law  directs,  and  that  there  shall  be  no 
pits  or  holes  digged  within  the  breadth  of  the  highways,  nor  any 
alteration  made  afterwards  upon  said  roads  without  authority  from  the 
Justices,  and  appoint  the  overseer  to  report  at  every  meeting  where 
the  above  rules  are  transgressed,  that  the  offenders  may  be  prosecute. 

WILLIAM  GORDON,  Preses. 

Three  months  later  Prince  Charlie  unfurled  his  standard  at 
Glenfinnan,  and  was  soon  to  be  joined  by  the  Convener  of  Banffshire, 
accompanied  by  four  of  his  men  servants.  Appointed  Lieutenant-Col, 
of  Lord  Ogilvie's  Regiment,  he  took  part  in  the  march  to  Derby,  in  the 


hi    AllAII    FJAMSAY. 


SIR  WILLIAM   GORDON   OF   PARK.  373 

retreat  to  Scotland,  and  was  present  at  Culloden,  dressed,  as  a  witness 
depones  against  him,  in  "a  sort  of  highland  clothes."1  The  Chevalier 
De  Johnstone  gives  a  graphic  account  of  forgathering  with  Park,  Lord 
Lewis  Gordon,  Gordon  of  Avochie,  and  Park's  half-brother,  Cobairdy, 
at  Rothiemurchus  after  Culloden,  and  of  their  journey  to  Park.  There 
the  laird,  attainted,  lurked  for  nearly  two  years,  more  than  once  hunted 
from  hiding  place  to  hiding  place  by  the  King's  troops.2  A  report  which 
reached  the  Government  in  November  1746  that  Sir  William  Gordon 
with  several  others  had  escaped  abroad  in  a  Danish  ship,  which  they 
had  boarded  in  small  boats  from  Arbroath,  was  unfounded.  On  4th 
November  1747  the  Earl  of  Findlater  and  Seafield  reported  to  the 
Lord  Justice  Clerk  that  on  the  preceding  Sunday  a  futile  search  had 
been  made  by  two  parties  of  soldiers  from  Banff  and  Cullen  for  persons 
attainted  and  exempted  from  the  indemnity.  He  continues3 — "  Captain 
Gordon,  of  General  Blakney's  Regiment,  who  commands  in  Bamff, 
writes  me  that  on  their  road  a  well-dressed  man  crossed  their  front  at  a 
quarter  of  a  mile's  distance  at  a  hand  gallop.  Upon  which  the  Captain 
thought  it  necessary  to  send  an  officer  to  examine  him,  which  when  he 
perceived  he  set  spurs  to  his  horse,  and  then  both  the  Captain  and  the 
officer  pursued  him,  on  which  he  drove  through  the  boggs  up  a  hill  as 
fast  as  he  could ;  but  the  officers  in  pursuing  got  their  horses  bogg'd, 
and  found  themselves  invironed  with  dykes  and  boggs,  so  that  he  fairly 
made  his  escape  through  his  better  knowledge  of  the  country,  and  that 
upon  their  examining  the  country  people  who  saw  him  they  said  it  was 
Sir  William  Gordon  of  Park.  Captain  Gordon  further  adds  that  by 
the  way  he  came,  it  was  imagined  he  had  been  drove  from  one  of  the 
houses  searched  by  Captain  Wheelock,  the  commanding  officer  at 
Cullen." 

Shortly  after  this  he  escaped  abroad,  and  was  joined  in  France  by 
his  wife,  Lady  Janet  Duff,  eldest  daughter  of  Lord  Braco.  He  died 
in  France,  at  Uouai,  on  5th  June  1751.  The  estate  of  Park,  which 
had  been  entailed  in  1713,  passed  under  his  attainder  to  his  brother, 
Captain  John  Gordon,  after  a  long  litigation,  1751-54,  in  the  Court  of 
Session. 

BRIDGES  AT  CAIRNFIELD  AND  ST.  FERGUS. 

Banff,  the  seventeenth  day  of  May,  one  thousand  seven  hundred  and 
fourty  six  years.     Att  a  meeting  of  Commissioners  of  Supply  of 

'"Historical  Papers,"  New  Spalding  Club,  p.  352. 

2  "The  Albemarle  Papers,"  New  Spalding  Club,  Vol.   I.,  p.   316. 

3  Ibidem,  Vol.   II.,  p.  476. 


374  RECORDS   OF   THE   COUNTY   OK   BANFF. 

the  County  of  Banff:  Conveened — Alexander  Gairden  of  Troup, 
Peter  Gordon  of  Ardmeallie,  Alexr.  Gordon  of  Cairnfield,  John 
Innes  of  Edingight,  George  Joass  of  Colleonard,  Alexander 
Keith  of  Northfield,  Robert  Innes  of  Culvie,  Walter  Ogilvie  of 
Badenspink,  Alexander  Hary  Gordon  of  Muiraik,  James  Innes, 
Provost  of  Banff,  George  Gairden,  Eldest  Baillie  thereof,  and 
John  Ogilvie,  Baillie  of  the  Regallity  of  Ogilvie,  Troup  being 
chosen  Preses. 

An  application  having  been  made  to  the  Commissioners  in  name  of 
Cairnfield  at  last  year's  generall  meeting  for  having  a  bridge  built  over 
the  Burn  of  Cairnfield  in  the  highway  from  Elgin  to  Banff,  as  also  an 
estimate  of  the  charge  being  then  laid  before  the  Commissioners,  and 
the  Commissioners  present  being  now  satisfied  that  it  is  a  very  usefull 
and  necessary  work,  they  ordain  the  same  to  be  built,  and  appoint  their 
Collector  to  pay  in  to  Alexr.  Gordon  of  Cairnfield  upon  his  recept  as 
soon  as  he  has  funds  in  his  hands,  any  sum  not  exceeding  eleven  pounds 
sterling  for  defraying  the  charge  thereof,  and  hereby  impower  him  to 
contract  with  workmen  and  cause  carry  on  the  said  work  at  his  sight  in 
the  most  frugall  manner,  and  when  done  to  lay  before  the  Com- 
missioners proper  vouchers  for  instructing  the  charge  of  the  work. 

The  Commissioners  also  authorised  the  payment  to  Troup  or  James 
Reid,  his  ffactor,  of  any  sum  not  exceeding  eight  pounds  sterling  for 
building  a  bridge  at  the  Burnmouth  of  St.  ffergus,  being  a  publick 
highway  and  a  necessary  work. 

ALEX.  GARDEN,  P. 

Alexander  Garden,  designated  Troup  younger  in  the  sederunts  of 
many  of  the  meetings  of  Commissioners  of  Supply  which  he  attended 
during  his  father's  lifetime,  took  a  very  active  interest  in  the  government 
of  the  County.  Brought  up  an  advocate,  he  also  took  an  active  part  in 
the  government  of  Scotland.  Like  his  father,  he  was  a  zealous 
supporter  of  the  Revolution  settlement  and  of  the  Hanoverian 
succession.  During  the  rising  of  the  Fifteen  he  was  appointed  a 
Deputy  Lieutenant  of  the  County.  After  the  suppression  of  the  rising 
the  Commissioners  of  Supply  of  Banffshire  appointed  him  one  of  a 
committee  of  three  to  draw  up  "ane  congratularie  address  to  His 
Majestye  King  George  suitable  to  the  present  hapie  juncture  and 
postur  off  affayres."  Next  year,  he  was  appointed  by  Government 
Civilist  to  King's  College,  Aberdeen,  in  place  of  an  extruded  Jacobite. 


ALEXANDER  GARDEN  OF  TROUP.  375 

After  the  suppression  of  the  rising  of  the  Fifteen  he  and  his  father 
added  to  the  family  estate  of  Troup  large  interests  in  Aherdeenshire. 
The  time  was  opportune,  as  many  estates  had  been  forfeited.  His 
marriage  with  a  daughter  of  Sir  Francis  Grant  of  Bellintomb  and  of 
Cullen  (Gamrie),  who  rose  to  be  a  Judge  of  the  Court  of  Session,  under 
the  title  of  Lord  Cullen,  and  who  had  purchased  in  1712  Monymusk  in 
Aberdeenshire,  brought  him  additional  influence.  His  three  sons — 
Alexander,  who  was  member  of  Parliament  for  Aberdeenshire  from 
1768  to  1785,  Francis,  who  reached  the  Bench  in  1764  as  Lord 
Gardenstown,  and  Peter,  who  married  a  Campbell  of  Glenlyon, 
successively  followed  him  in  possession  of  Troup.  He  first  presided  at 
a  meeting  of  Commissioners  of  Supply  of  Banffshire  on  4th  October 
1733,  and,  unlike  his  deceased  father,  he  signed  the  sederunt  "Garden." 
His  father  had  presided  at  the  first  general  meeting  of  Commissioners 
of  Supply  in  Banffshire  after  the  Fifteen,  and  similarly  after  the 
Forty-five  the  son  presided  at  the  meeting  held  on  aoth  May  1746,  at 
which  he  was  appointed  Convener  for  the  year. 

His  known  zeal  and  activity  for  the  Hanoverian  succession  brought 
him  into  strange  trouble  later  in  1746.  The  adventure  might  have  been 
one  with  brigands  of  Turkey  or  Morocco.  "On  Sunday,  the  3ist  of 
August,"  so  the  information  to  Government  ran,1  "a  party  of  Arm'd 
Rebels  to  the  number  of  about  12,  who  appeared  to  be  Highlanders, 
Commanded  by  a  Young  Man  who  appeared  to  be  about  30  and  look't 
like  a  Gentleman  and  a  low  Country  man,  Came  about  ten  aclock  at  night 
to  the  House  of  Troup,  eight  Miles  to  the  East  of  Banff,  where  they 
seized  Alexr.  Garden  of  Troup,  and  made  a  demand  of  £2000  sterling. 
And  as  he  had  not  that  sum  by  him,  They  forced  him  to  write  to  some 
of  his  friends  to  raise  it,  and  threatned  to  put  him  to  death  if  it  was 
not  paid  upon  the  3d  at  Mid-day.  They  seized  all  his  papers  of  value, 
and  his  father's,  and  his  Acco'.  with  the  York  building  Company,  and 
about  £"100  of  money,  All  which  papers  and  money  they  carried  with 
them,  and  also  carried  Mr.  Garden  of  Troop  prisoner  alongst  with  them. 
They  set  out  from  his  house  about  one  aclock  on  Monday  morning,  and 
took  the  road  by  the  Hills  of  Renny  (Rhynie)  or  North."  Troup's  servants, 
who  were  to  deliver  the  letters  for  raising  the  £2000,  were  ordered  to 
appear  in  the  Glen  of  North  above  Whitelumbs  on  Wednesday.  They 
appeared  at  the  rendezvous  given,  but  could  not  effect  their  master's 
escape.  Provost  Innes,  of  Banff,  and  others  thereafter  went  to  Strathbogie 
to  try  to  relieve  Troup  without  avail.  They  then  went  to  Aberdeen  and 

'  "The  Albemarle   Tapirs,"  New  Spalding  Club,  Vol.   I.,  pp.   217-18. 


376  RECORDS    OF   THE    COUNTY    OF    BANFF. 

Banff  to  raise  the  military.  The  information  concludes — "  John  Philp, 
servant  to  Troup,  heard  the  Young  Man  who  commanded  the  Rebels  say 
that  tho'  he  received  the  £2000  it  was  small  to  divide  amongst  so  many 
Noblemen  and  Gentlemen  whose  houses  were  burnt,  and  his  amongst 
the  rest."  The  military  seem  to  have  acted  with  promptitude.  On  gth 
September  the  Commander-in-Chief  in  Scotland  was  able  to  report1 
that  "  the  Rebels,  finding  themselves  close  pursued,  released  him  (Mr. 
Garden)  on  Saturday  night  at  ten  o'clock,  having  only  taken  from  him 
£143,  but  if  they  think  I  have  done  with  them  for  showing  this  mark 
of  Indulgence,  they  are  mistaken,  for  I  will  have  them  dead  or  alive,  for 
so  audacious  an  Act  was  never  committed."  Easier  said  than  done. 
They  failed  to  capture  the  kidnappers  or  to  recover  the  many  valuable 
papers  taken  from  Mr.  Garden.  Indeed  these  were  only  recovered 
through  Gordon  of  Avochie,2  who  was  under  attainder  for  his  share  in 
the  rising,  and  who  stipulated  for  a  protection  from  Government,  which 
Troup  on  i5th  December  1747  tried  to  get  for  him,  before  he  would  part 
with  the  documents — all  which  looks  very  much  as  though  Avochie  had 
been  in  the  plot  from  the  beginning. 

The  Rising  of  the  Forty-five  left  its  mark  in  the  general  poverty  of 
the  county,  and  highway  money  ceased  to  be  levied,  until  June  1751, 
when  a  new  era  in  road-making  began. 

PETER  GORDON  OF  ARDMEALLIE.  3 

Peter  or  Patrick  Gordon  of  Ardmeallie,  as  he  is  indiscriminately 
called,  though  he  subscribes  his  name  "  Pet  Gordone,"  who  presided 
at  next  meeting  of  Commissioners  of  Supply,  had  a  long  career 
as  an  influential  and  assiduous  worker  in  the  county  government 
of  Banffshire.  He  is  one  of  the  very  few  Gordons  within  the  county 
who  seem  to  have  given  a  whole-hearted  support  to  the  Hanoverian 
succession.  On  7th  March  1716  he  qualified  as  Commissioner  of 
Supply,  the  county  record  bearing  that  he  "  did  in  fface  of  the  meiteing 
taik  swear  and  subscrive  the  oaths  of  alleadgeance  and  assurance  to 
His  Majesty  King  George."  He  was  appointed  Convener  of  the 
County  in  1742  and  1743.  The  county  records  in  1742  bear  that  he 
was  so  appointed  "  with  power  to  him  to  call  a  meeting  of  Commissrs 
from  time  to  time  as  he  shall  see  cause";  and  it  is  stated,  in  1743,  that 
the  Commissioners  "  continue  Patrick  Gordon  of  Ardmealie  to  be  their 
Conveener."  He  married  Ann  Bisset,  daughter  of  Robert  Bisset  of 

'  "The  Albemarle  Papers,"  New  Spakling  Club,   Vol.   I.,  p.   220. 
*  Ibidem,  p.  504.  3  See  p.  287. 


DEATH    OF    CAPTAIN    JAMES    INNES,    OVERSEER.  377 

Lessendrum,  in  1706,  and  on  iath  June  of  that  year  a  sasine  was 
recorded  in  his  and  her  favour  of  the  lands  of  Ardmeallie  in  which  he 
is  designed  as  younger  of  Ardmeallie.  He  married  a  second  time, 
probably  in  1722  ;  for  on  the  26th  April  of  that  year  there  is  recorded  a 
sasine  in  favour  of  Mrs.  Mary  Duff,  spouse  of  Peter  Gordon  of  Ardmeallie, 
during  all  the  days  of  her  lifetime  in  case  she  survived  her  said 
husband,  in  all  and  haill  the  lands  of  Ardmeally.  Mary  Duff  was 
eldest  daughter  of  James  Duff  of  Crombie  and  sister  of  William  Duff 
of  Crombie.1  He  was  succeeded  by  his  son  James,  his  eldest  son, 
Archibald,  having  predeceased  him.  Ardmeallie  died  in  April  1762. 

AT  a  meeting  of  the  Commissioners  of  Supply  held  at  Banff  on  the 
I4th  May  1747:  Present — Patrick  Gordon  of  Ardmeallie, 
George  Joass  of  Colleonard,  Walter  Ogilvie  of  Badenspink, 
Mr.  Alexr.  Chalmers  of  Clunie,  Alexander  Hary  Gordon  of 
Muiraik,  James  Innes,  Provost  of  Banff,  John  Ogilvie,  Baillie 
of  the  Regallity  of  Ogilvie,  Robt.  Innes  of  Culvie,  John  Duffus, 
Eldest  Baillie  of  Banff  and  Alexr.  Innes  of  Whitehill  — Ard- 
meallie preses. 

But  in  respect  of  the  late  troubles  and  poverty  among  the  tennants, 
they  have  resolved  to  lay  aside  highway  money  and  vagabond  money 
for  this  current  year,  recommending  to  ever}-  heretor  within  his  own 
bounds  and  in  his  neighbourhood  to  call  out  the  country,  and  to  direct 
and  oversee  the  repairing  of  the  highways,  in  respect  there  is  no  fund 
now  for  an  overseer  for  that  purpose. 

DEATH  OF  CAPTAIN  JAMES  INNES,  OVERSEER. 

And  there  being  an  attestation  under  the  hands  of  Edingight  and 
the  minister  of  Grange  declaring  that  they  were  witnes  to  an  agreement 
made  by  the  deceast  Capt.  James  Innes  as  overseer  of  the  highways,  in 
consequence  of  an  order  from  the  Commissioners  at  a  general!  meeting, 
whereby  he  agreed  to  pay  to  James  Cruickshank  ffourty-two  pounds 
Scots  for  making  the  reparations  then  necessary  for  the  Bridges  of 
Grange  and  ffortrie,  and  attesting  the  said  work  to  be  done  and 
perfected  according  to  agreement,  they  therefore  impower  the  said 
Alexr.  Innes  to  pay  the  same  if  he  has  as  much  in  his  hands. 

From  the  following  minute  of  22nd  July  1747:  Present — Lord 
Braco,  Sir  Robert  Abercrombie,  Alexander  Duff  of  Hatton,  Thomas 
Grant  of  Achoynanie,  William  Donaldson  of  Kinnairdie,  George  Joass 

1  See  pp.  .550-1. 
X  2 


378  RECORDS    OF   THE    COUNTY   OF   BANFF. 

of  Colleonard,  James  Ogilvie  of  Melross,  Alexander  Innes  of  Rosyburn 
—Lord  Braco,  preses,  the  following  additional  particulars  regarding  the 
overseer  appear : — 

The  said  Commissioners,  considering  that  the  sallary  appointed  for 
the  now  deceast  Capt.  James  Innes  as  overseer  and  director  of  the 
highways  at  their  generall  meeting  in  May  1745  lyes  yet  in  the 
Collector's  hands,  and  that  William  Leslie  of  Melross  having  procured 
bill  on  the  Collector  immediately  after  said  generall  meeting  to  the 
extent  and  value  of  the  said  sallary,  being  three  hundred  mks,  in  order 
to  reimburse  him  of  what  he  had  necessarily  expended  preceeding  that 
time  for  the  subsistance  of  the  said  Captain  and  his  family,  which  still 
ly  over  unpaid,  the  Commissioners  therefore  ordain  Alexander  Innes 
their  Collector  to  pay  the  said  sum  to  the  said  William  Leslie,  and  to 
take  his  receipt  and  discharge  therefor,  which  shall  be  allowed  to  him. 

BANFFSHIRE  ROADS  IN  1746. 

In  the  Journal  of  an  English  medical  officer  who  attended  on  the 
Duke  of  Cumberland's  army  in  1746,  before  referred  to,1  that  gentleman 
recounts  in  April  of  that  year  that  "  from  Turriff,  after  riding  eight 
miles  over  moderate  hilly  and  plentiful  country  and  good  roads  .  .  we 
arrived  at  Banff.  Before  we  enter  Banff  we  are  obliged  to  ford  this  broad 
river  [the  Deveron].  .  .  After  leaving  Banff  we  travelled  along  the  sea 
coast,  and  have  fine  views  of  the  rising  mountains  near  the  firth  of 
Cromarty."  He  travelled  along  the  road  from  Banff  to  Fochabers, 
more  than  once  referred  to.  Like  the  Deveron,  the  Spey  had  to  be 
forded.  In  1746  there  was  no  bridge  on  the  Deveron  except  the  bridge 
at  its  head  waters  over  the  Blackwater  in  Cabrach,  built  by  Lesmurdie 
in  1725 ;  and  there  was  no  bridge  on  the  Spey,  at  any  rate  within  the 
counties  of  Banff  and  Moray. 

On  his  return  from  Culloden  and  the  north,  in  September  of  the 
same  year,  after  re-crossing  the  Spey,  he  includes  the  following  in  his 
narrative  of  his  journey  through  Banffshire : — "After  leaving  Fochabers 
I  rode  over  a  mountainous  country.  .  .  .  After  six  miles  riding  I 
came  to  a  small  village  called  Keith.  .  .  .  Here  was  nothing 
remarkable,  but  an  exceeding  high  and  steep  stone  bridge  of  one  arch 
over  a  pleasant  branch  of  the  river  Deveron,  close  to  which  I  saw  a 
mighty  rock  stone  which  makes  part  of  the  foundation  of  this  bridge." 
This  was  no  doubt  the  "  Auld  Brig"  over  the  Isla,  built  in  1609  by 
Thomas  Murray  and  Janet  Lindsay.  There  has  been  given  the 

1  See  p.  130. 


BANFFSHIRE  ROADS  IN  1746.  379 

reference  to  its  repair  by  the  county  authorities  in  1724  at  the  instance 
of  Thomas  Grant  of  Achoynanie.  He  continues,  "  From  Keith  I  had 
six  more  miles  to  Strathbogie,  and  in  that  road  passed  over  the  most 
strong  country  I  had  seen  called  Carny.  I  then  thought  I  was  come 

into  the  most  desolate  and  barren  part  of  the  world 

"  From  Strathbogie  I  took  a  journey  to  Banff  and  back  again,  twelve 
miles  distance,  all  cross  the  country  and  very  mountainous,  so  that  all 
along  the  road  (greatest  part  of  which  was  stony  and  boggy)  I  conceived 
I  was  got  again  into  the  Highlands;  for  I  think  the  country  here  may 
be  properly  so  called,  being  continued  barren  mountains  and  villages." 
Passing  Rothiemay  House  he  came  to  Abernethy  of  Main's.  "  From 
this  place  to  Banff  the  Deveron  obstructs  our  way,  which  with  great 
difficulty  and  some  danger  I  forded  with  my  horse.  From  this  we 
come  to  a  country  producing  scarce  anything  but  peat  for  firing;  .  .  . 
and  then  had  a  pretty  good  road  to  Banff."  He  had  struck  the  road 
from  Marnoch  Kirk  to  Banff,  so  often  referred  to  in  the  County 
Minutes. 

MOVEMENT  FOR  REIMPOSITION  OF  HIGHWAY  MONEY. 

But  with  the  slow  recovery  of  the  country  from  the  troubles  of  the 
Forty-five  the  roads  of  the  County  could  not  be  allowed  to  remain  in 
the  wretched  condition  they  were  in.  It  is  interesting  to  note  that  the 
first  move  came  from  the  Duchess  of  Gordon,  whose  husband,  Cosmo 
George,  influenced  by  his  Mordaunt  Protestant  mother,  who  was  well 
feed  by  the  Government,  kept  out  of  the  Forty-five  with  his  other 
brothers,  except  Lord  Lewis.  The  Duke  died  in  1752. 

BANFF,  ist  June,  1750. — Conveened  the  following  Commissioners  of 
Supply,  vizt.,  Robert  Abercrombie,  James  Ogilvie  of  Melross, 
George  Joass  of  Colleonard,  John  Inncs  of  Edingight,  James 
Bartlet  of  Afforsk,  Montcoffer,  Culvie,  Walter  Ogilvie  of 
Baldavie  and  Alexander  Innes  of  Rosyburn.  Sir  Robert 
Abercrombie  chosen  preses. 

Thereafter  the  said  Alexander  Innes  laid  before  the  meeting  an 
application  from  her  Grace  the  Duchess  of  Gordon  for  having  two 
small  bridges  built  at  the  shires  expence,  the  one  over  the  Burn  of 
Tynet  a  twenty  foot  arch,  the  other  over  the  Burn  of  Bellie  a  ten  foot 
arch,  and  in  name  of  her  Grace  desired  the  Commissioners  would  be 
pleased  to  order  the  said  bridges  to  be  built  accordingly,  as  being  very 


380  RECORDS    OF   THE    COUNTY    OF    BANFF. 

necessar  and  usefull  for  that  part  of  the  country,  and  that  the  highway 
money  which  has  been  laid  aside  for  some  years  may  be  again  imposed 
for  that  purpose  and  levied  with  this  years  cess. 

The  Commissioners  in  respect  the  highway  money  was  laid  aside  by 
a  generall  consent,  and  that  the  present  meeting  not  being  so  very  full  as 
that  they  would  think  of  altering  the  former  resolution  on  that  subject, 
and  having  letters  from  severall  Commissioners  who  could  not  attend 
the  meeting  signifying  their  inclination  to  have  the  said  highway  money 
still  dropt,  they  therefore  deferr  the  consideration  of  the  said 
application  untill  the  second  Tuesday  of  August  next. 

MAIN  LINES  OF  ROADS  TO  BE  MENDED. 

BANFF,  3Oth  Augt,  1750. — Att  a  meeting  of  the  Commissioners  of 
Supply :  Present — The  Right  Hoiible  Lord  Ueskford,  Lord 
Braco,  Sir  Robt.  Abercrombie,  Collonell  Abercrombie,  Hatton 
younger,  Montblairie,  Montcoffer,  Rosyburn.  Lord  Deskford 
chosen  preses. 

The  Commissioners  present  resolved  : — 

That  it  will  be  proper  to  lay  on  the  Road  money  at  the  first  general 
meeting. 

That  there  ought  to  be  no  overseer  named  with  a  sallary,  and 
unanimously  agree  to  oppose  the  nomination  of  any  such  overseer. 

That  the  money  shall  be  applyed  for  building  bridges,  untill  the 
principall  roads  through  the  county  are  first  made  out  and  repaired, 
and  that  one  road  shall  be  finished  before  they  begin  another ;  and  they 
are  of  opinion 

That  the  first  road  to  be  mended  should  be  from  Banff  to 
Fochabers. 

The  second  road  from  Banff  to  Marnoch  Kirk. 

That  the  third  road  to  be  mended  shall  be  from  Banff  to  Kieth,  and 
from  that  upwards. 

That  the  fourth  road  shall  be  from  Portsoy  to  Rothiemay. 

That  the  fifth  to  be  made  out  ought  to  be  from  Blacktown  to  Cullen. 

The\'  also  think  it  necessary  that  for  making  the  said  roads  there  be 
provided  three  small  coup  carts,  half-a-dozen  wheel  barrows,  two  dozen 
spades  and  shovels,  three  small  gavelocks,  two  mashes  one  bigg  and 
another  small,  and  half-a-dozen  picks  and  one  large  sway ;  and  they 


MY    LORD    DESKFORD.  381 

recommend  to  the  next  general  meeting  to  lay  on  the  road  money  for 
the  purposes  above  mentioned.  And  they  also  recommend  to  Mont- 
coffer  and  Rosyburn  to  provide  and  furnish  the  said  tools,  where  they 
can  be  most  easily  had.  .  .  .  They  also  recommend  to  all  heretors 
in  the  county  that  the  roads  be  carried  as  streight  as  possible,  unless 
where  it  may  be  very  detrimentall  to  them  or  their  tennants,  and  that 
they  shall  in  the  narrowest  places  not  be  under  fourteen  feet  of  breadth 
besides  a  ditch  on  each  side  for  carrying  off  the  water ;  and  that  the 
money  to  be  levied  shall  be  in  the  first  place  applyed  for  payment  of 
the  tools,  and  in  the  next  place  for  payment  of  the  soldiers  or  artificers 
to  be  employed  for  making  out  these  roads.  DESKFOORD,  Preses. 

REIMPOSITION  OF  HIGHWAY  MONEY. 

At  Banff,  4th  June  1751,  the  Commissioners  of  Supply  again 
imposed  ten  shillings  Scots  on  each  hundred  pounds  Scots  of  valued 
rent  for  the  insuing  year  first  for  buying  tools  and  proper  instruments 
for  repairing  the  highways  and  in  the  next  place  for  mending  the  road 
betwixt  Banff  and  Boindie,  and  the  remainder  (if  any  be)  to  be  given 
to  William  Dunbar  factor  to  Lord  Deskford  to  be  laid  out  for  making 
the  road  betwixt  Boindie  and  Cullen. 

The  highway  money,  discontinued  in  May  1747,  "  in  respect  of  the 
late  troubles  and  poverty  among  the  tennants,"  was  thus  reimposed 
in  1751  on  the  suggestion  of  the  Duchess  of  Gordon,  and  with  the 
powerful  support  of  Lord  Deskford. 

MY    LORD   DESKFORD. 

James,  Lord  Deskford,  was  born  on  i6th  April  1716,  at  Dupplin, 
the  residence  of  his  grandfather,  Lord  Kinnoul.  His  father,  the  fifth 
Earl  of  Findlater  and  second  Earl  of  Seafield,  who  was,  from  1734  to 
1754,  one  of  the  16  representative  Peers  of  Scotland,  and  was  a  friend 
of  the  Walpoles,  gave  him  an  excellent  education,  rounded  off,  like  his 
own,  by  foreign  residence  and  travel.  Horace  Walpole,  writing  to 
General  Conway  at  Rome  on  23rd  April  1740,  says: — "Harry,  you  saw 
Lord  Deskford  at  Geneva.  Don't  you  like  him?  He  is  a  mighty- 
sensible  man ;  there  are  few  young  people  have  so  good  an  under- 
standing. He  is  mighty  grave  and  so  are  you ;  but  you  both  can  be 
pleasant  when  you  have  a  mind.  Indeed  one  can  make  you  pleasant; 
but  his  solemn  Scotchery  is  not  a  little  formidable."  On  gth  June 
1749,  he  married,  at  Huntingtower,  Mary,  second  daughter  of  John 
Murray,  first  Duke  of  Atholl. 


382  RECORDS   OF   THE   COUNTY   OF   BANFF. 

Like  his  father,  after  the  rising  of  the  Fifteen,  Lord  Deskford,  after 
the  Forty-five,  took  a  great  interest  in  the  development  of  the  roads 
and  of  the  rural  industries  of  Banffshire.  He  further  forwarded  many 
important  schemes  of  reconstruction  for  Scotland. 

Residing  mostly  at  Banff  Castle  until  his  father  died  in  1764,  and 
thereafter  at  Cullen  House,  he  introduced  into  the  extensive  estates  of 
Findlater  and  Boyne  the  improved  agricultural  methods  of  the  Lothians 
and  England.  In  Cullen  House  is  to  be  found  in  the  library  one  of  the 
richest  collections  of  eighteenth  century  works  on  agriculture,  mainly 
collected  by  him. 

During  his  residence  at  Banff  Castle  he  took  the  farm  of  Colleonard 
into  his  own  hands,  and  resolved  to  put  the  best  theory  and  practice  of 
the  south  to  the  test  of  actual  experiment  in  Banffshire.  He  induced 
an  experienced  English  overseer  to  come  north,  and  to  act  as  grieve. 
The  farm  was  laid  out  with  judgment  and  taste.  The  vicious  system 
of  runrig,  whereby  two  or  more  farmers  worked  alternate  rigs,  was 
abolished,  and  the  farm  fields  were  made  contiguous,  and  were  enclosed. 
The  hedgerows  still  to  be  seen  on  it,  and  the  belts  of  wood,  remind  one 
of  a  typical  English  rural  landscape.  He  practised  summer  fallowing ; 
but,  greater  improvement  than  that,  he  introduced  a  system  of  rotation 
of  crops.  He  was  the  first  in  the  county  to  practise  the  system  of 
sowing  out  ryegrass  and  clover  with  white  crop.  In  1748  he  introduced 
the  turnip  as  a  field,  apart  from  a  garden,  crop,  and  so  far  solved  the 
difficulty  of  food  to  winter  cattle.  He  is  also  said  to  have  introduced 
the  potato  into  Banffshire.  To  encourage  his  tenants  to  farm  on  the 
lines  mentioned,  he  gave  them  long  leases,  on  condition  that  they  would 
enclose,  and  follow  his  improved  system  of  cropping.  He  also 
promoted  flax  growing  and  its  allied  industries,  flax  spinning,  bleaching 
and  linen  manufacture.  In  1752,  at  his  bleachfield,  near  Cullen  House, 
1500  pieces  of  cloth  and  1700  spindles  of  thread  yarn  were  whitened. 
At  Cullen  he  established  a  considerable  manufacture  of  linen  and 
damask.  This  successful  rural  enterprise  flourished  until  the  early  part 
of  the  nineteenth  century,  but  has  now  left  no  more  than  a  memory  of 
its  existence  in  the  place  names  of  Lintmill  of  Cullen  and  of  Boyne. 
He  was  likewise  a  pioneer  in  the  planting  of  trees,  and,  to  promote 
forestry,  established  a  nursery  at  Colleonard. 

In  1754  he  was  appointed  one  of  the  Commissioners  of  Customs  in 
Scotland,  but  resigned  his  seat  in  1761.  That  year  he  was  appointed 
Chancellor  of  the  University  of  King's  College,  Aberdeen.  On  gth 
July  1764,  he  succeeded  his  father.  Next  year  he  was  appointed  one  of 
the  Lords  of  Police  in  Scotland.  He  was  also  one  of  the  trustees  for 
the  improvement  of  fisheries  and  manufactures,  and  for  the  manage- 
ment of  the  annexed  estates  in  Scotland.  He  died  at  Cullen  House  on 
3rd  November  1770. 


SOLDIER   LABOUR   AND    ROGUE    MONEY   FOR    ROADS.  383 

The  interest  in  road  building  continued  to  grow,  and  the  Com- 
missioners applied  the  highway  money  not  only  to  the  purchase  of 
tools  as  heretofore,  hut  also  for  the  hire  of  soldiers  to  assist  in  road 
making.  The  employment  of  small  bodies  of  military  from  the 
detachments  in  garrison  at  Banff  and  neighbourhood  for  this  purpose 
is  interesting  and  instructive,  and  might  be  well  followed  to-day  as  a 
useful  training  to  soldiers  and  of  much  advantage  to  the  country. 
Strictly  speaking,  there  was  at  this  period  only  one  purely  military  road 
in  Banffshire,  confined  to  the  parish  of  Kirkmichael,  part  of  the  road 
from  Braemar  to  Grantown  via  Tomintoul,  made  out  in  1754  by  Col. 
Lord  Charles  Hay  and  the  33rd  regiment.  Further,  the  Commissioners 
did  not  hesitate  to  stretch  their  powers  of  taxation,  by  devoting  the 
savings  from  Rogue  money,  effected  by  dispensing  with  the  services 
of  constables  and  otherwise,  to  the  making  out  of  roads. 

At  Banff,  6th  May  1752,  the  Commissioners,  Bracco  presiding, 
recomend  that  the  road  betwixt  Banff  and  Boindie  be  made  out  this 
summer,  and  that  application  may  be  made  to  the  officer  commanding 
the  regiment  whereof  a  party  may  ly  at  Banff  for  a  sergant  and  twelve 
men  for  assisting  in  making  out  the  said  road  on  the  expence  of  the 
county,  the  inhabitants  of  Banff  being  always  called  out  to  give  the 
proper  assistance  likeways  as  the  law  directs.  And  as  it  lias  been 
represented  to  the  Commissioners  that  the  present  road  must  be  altered 
and  put  about  a  litle  in  one  part,  in  order  to  make  it  a  good  and 
sufficient  road,  they  name  William  Leslie  of  Melross,  George  Jonss  of 
Colleonard  and  Alexander  Innes  of  Rosyburn  as  a  committee  of  their 
number,  and  recomend  to  them  to  meet  with  the  magistrates  of  Banff 
and  concert  the  proper  way  for  making  out  that  road,  and  to  concur 
with  them  in  having  it  made  out  in  the  best  and  easiest  manner. 

At  Banff,  ist  May  1753,  the  Commissioners  of  Supply,  on  the  report 
of  the  Clerk  that  he  had  expended  only  about  six  or  seven  pounds  stg. 
in  buying  tools,  and  that  it  will  be  necessar  to  lay  out  a  larger  sum  for 
buying  carts,  barrows  and  other  tools,  and  for  making  a  sufficient  road 
betwixt  Banff  and  Fochabers,  imposed  the  highway  money. 

It  was  represented  by  Meyan,  Ardmeallie  younger  and  Mr.  Leslie 
that  the  road  at  the  Burn  of  Corskie  and  at  the  Park  dykes  of  Achintoul 
are  impassible :  Therefore  the  Commissioners  impower  these  gentlemen 
to  repair  these  roads  as  they  shall  think  fit,  and  to  lay  out  the  necessary 
expenses  to  workmen  for  ditching  and  causewaying. 


384  RECORDS    OF   THE    COUNTY   OF    BANFF. 

At  an  adjournment  of  the  meeting  the  Collector  having  reported 
that  when  all  arrears  of  the  current  year  are  paid  up  there  will  remain 
a  ballance  of  the  Rogue  money  of  about  three  hundred  pounds  Scots, 
.  .  .  and  there  being  many  applications  for  having  the  road  from  Banff 
to  Rothiemay  repaired  and  made  out  upon  the  savings  of  the  Rogue 
money,  the  Commissioners  resolved  accordingly.  .  .  .  And  Lord  Braco 
having  named  Robert  Cuming  his  ffactor,  Alexr.  Miln  at  Miln  of  Alvah, 
or  William  Winton  at  Kirktoun  of  Alvah  to  oversee  and,  direct  the 
making  out  the  road  through  his  Lordships  grounds  from  the  said 
Sandyhill  park  untill  it  enter  on  Lord  Banffs  estate,  the  Collector  is 
directed  to  pay  to  them  upon  their  receipt  to  the  extent  of  the  ballance 
of  the  Rogue  money,  if  required,  and  thereafter  to  any  person  Lord 
Banff  shall  name  as  overseer,  and  thereafter  to  the  other  heritors  as  the 
road  advances  on  their  rexive  grounds.  With  power  to  the  overseers 
to  call  on  the  country  as  the  law  directs,  and  to  .employ  four  of  the 
military  or  more  if  necessary,  and  to  call  at  the  Collector  for  a  third  of 
the  tools  bought  for  the  shire  .  .  .  And  they  recomend  to  Lord  Braco 
to  apply  to  Generall  Churchhill  for  some  of  the  military  to  be  employed 
to  help  and  make  out  these  roads,  viz.,  from  Banff  to  Fochabers  and 
from  Banff  to  Rothiemay. 

Banff,  ist  May  1754.  At  a  generall  meeting  of  the  Commissioners 
of  Supply  of  Banffshire,  Sir  Robert  Abercromby  presiding.  .  .  It  being 
represented  by  Meyan  and  Edingight,  that  they  had  been  so  far  convinced 
of  the  neglect  of  constables  and  of  their  being  unnecessary,  they  had 
discharged  William  Kemp  one  of  the  constables  about  a  year  and  a  half 
ago,  by  which  there  was  a  saving  of  six  pound  sterling  to  the  county, 
and  therefore  as  there  was  a  very  bad  pass  betwixt  the  new  road  at  the 
Dens  of  Tilliedown  and  about  the  burn  there,  and  another  very  bad 
pass  upon  the  Knockhill  on  the  highway  from  Banff  to  Kieth,  and  that 
a  small  matter  is  absolutely  necessary  for  repairing  the  Bridge  at  the 
Burn  at  Fortrie  upon  the  said  highway,  therefore  they  claimed  the 
foresaid  six  pound  for  the  above  purposes,  which  the  meeting  thought 
reasonable. 

At  Banff,  on  the  2ist  of  May  1754,  the  Commissioners  of  Supply, 
Lord  Deskford  presiding,  examined  the  state  of  the  Highway  money 
for  the  year  1753  and  two  preceeding  years,  find  the  same  fairly  stated 
and  vouched,  and  the  ballance  ensuing  therefrom  they  ffind  amounts  to 


ROGUE    MONEY    FOR    THE    BANFF    TO    ABERCHIRDER    ROAD.  385 

Twenty  five  pound  fifteen  shillings  and  sex  pence  sterling,  which  they 
appoint  to  be  paid  to  Lord  Deskfoord  or  his  order  for  carrying  on  the 
road  from  Boyndie  towards  Cullen  and  Fochabers.  George  Mason 
ffactor  for  Lord  Deskford  vouched  an  expenditure  of  £40  4/3  Stg. 
since  September  last  on  the  road  from  the  Burn  of  Boyndie  to  the  head 
of  the  Brae  on  the  side  of  the  Burn  of  Boyn. 

An  account  of  the  application  of  Rogue  money  for  the  years  1751, 
1752  and  1753  showed  a  ballance  of  £26  10/1  Stg.  This  ballance  and 
any  from  the  current  year  after  dealing  with  vagrants  to  be  applied  for 
making  out  the  road  betwixt  Banff  and  Aberchirder,  and  recommend  to 
Lord  Braco,  Montblairy,  Mr.  Leslie  of  Melrose,  Coleonard,  Rosieburn 
and  Lord  Braccos  ffactor,  or  any  two  of  them,  to  call  for  money  to  be 
laid  out  in  the  first  place  for  carrying  on  the  said  road  from  the  Spittle- 
myre  to  the  Burn  of  Bachlay ;  and  thereafter  they  appoint  the  said 
road  to  be  carried  on  from  the  Kirk  of  Marnoch  to  the  top  of  the  Hill 
of  Crannach  .  .  .  ;  and  whereas  it  has  been  concerted  to  carry  on  that 
road  with  the  more  expedition,  that  a  sum  not  exceeding  £25  stg.  shall 
be  advanced  .  .  .  ,  two  thirds  thereof  by  Lord  Braco  and  one  third  of 
said  sum  by  Lord  Banff  and  Montblairy,  the  Commissioners  therefore 
agree  that  what  advance  they  shall  so  make  is  to  be  repaid  to  them  out 
of  any  balance  of  Rogue  money  for  1754  •  •  •  After  the  said  road  is 
carried  to  the  Hill  of  Crannah  the  Commissioners  appoint  the  military 
and  the  tools  to  be  again  brought  back  to  the  Bachlay  road,  to  carry  on 
the  same  to  Blacktown,  and  from  thence  forwards  to  the  said  hill  of 
Crannah  .  .  . 

At  Banff,  ist  May  1755,  the  Highway  money  was  imposed,  and  the 
balance  of  Rogue  money  was  voted  for  carrying  on  the  two  foresaid  roads. 

At  Banff,  15th  June  1756,  accounts  in  connexion  with  the  two  fore- 
said  roads  were  passed. 

An  account  by  Lord  Braco  for  making  out  a  new  road  from  the  top 
of  the  hill  of  Rothiemay  towards  Nether  Milns  of  Strathisla  and  Keith 
was  postponed.  The  Commissioners  find  that  the  last  mentioned  road 
will  prove  very  useful  and  necessary,  and  that  after  the  orders  standing 
upon  the  books  for  making  out  other  roads  are  fulfilled  and  these  roads 
made  out,  his  Lop.  will  thereafter  claim  for  what  he  has  expended  on 
the  last  mentioned  road. 

v  2 


386  RECORDS    OF    THE    COUNTY   OF    BANFF. 

Mr.  Grant  of  Tochieneal,  in  name  of  Lord  Deskfoord,  submitted 
accounts  amounting  to  £40  13/11  stg.  for  carrying  the  Coast  road  from 
Sandend  towards  Cullen.  £35  3/Sf  was  allowed  out  of  previous  years 
Highway  money,  and  the  balance  of  £5  9/4  J  carried  to  next  year's 
accounts. 

At  Banff,  30  April  1757,  the  Commissioners  considered  Lord  Braco's 
accounts  for  making  out  the  road  from  Auchintoull  to  the  top  of  the 
hill  of  Cranna  in  summer  1/56,  amounting  to  £66  14/3  stg.,  and 
allowed  £33  stg.,  the  Rogue  money  for  1755,  and  appointed  the  Collector 
to  pay  his  Lordship  £33  stg.  the  haill  amount  of  Rogue  money  imposed 
.or  1756  in  full  of  the  balance  of  £33  14/3.  And  in  respect  in  said 
accounts  there  is  eighteen  pence  per  diem  charged  as  given  to  the 
Sergeant,  the  meeting  are  of  opinion  that  it  was  too  much,  and  therefore 
they  resolve  that  hereafter  they  will  not  allow  above  a  shilling  to  any 
sergeant  to  be  employed. 

Thereafter  the  following  state  of  Highway  money  for  last  year  was 
made  out  :  — 

Mr.  Grant  of  Tochieniel  produced  an  accompt  of  money  expended 
for  making  out  the  road  from  Sandend  to  Cullen,  and  from  thence 
towards  \Yoodside,  which  was  sustained,  and  the  same  with  the  vouchers 
thereof  delivered  up  and  discharged  amounting  to,  including  the  ballance 
found  due  him  last  clearance  -  £37  8  -j\ 

By  cash  paid  him  by  the  Collector  in  full 

of   the    Highway  money   imposed   for 

the  year  1756  p.  receipt    -  £33     o     o 

By  ballance  due  to  be  paid  him  out  of  the 

current  year's  Highway  money    -  487^ 

£37    8    7j      £37    8    7* 


Which  accompt  as  above  stated  the  meeting  approves  of,  and  discharges 
their  Collector  for  the  Highway  money  last  year  and  preceedings. 

METHODS  FOR  MAKING  OUT  ROADS  AT  THE  EASIEST  EXPENSE. 

Thereafter  it  was  the  opinion  of  the  meeting  that  notwithstanding 
the  above  accompt  on  both  roads,  that  more  frugal  methods  may  be 
taken,  and  for  that  end  they  adjourn  their  meeting  to  ffriday  the 


METHODS   FOR    MAKING   OUT    ROADS   AT   THE   EASIEST   EXPENSE.    387 

twentieth  of  May  next  to  consider  of  the  most  proper  and  effectual 
methods  for  making  out  the  publick  roads  upon  the  easiest  expence, 
and  they  hereby  put  a  stop  to  the  cairying  on  any  road  untill  that  day, 
that  the  resolutions  of  that  meeting  are  known. 

At  Banff,  the  2Oth  day  of  May  1757,  att  a  general  meeting  of  the 
Commissioners  of  Supply  of  Banffshire  in  consequence  of  their  last 
adjournment:  Present — Capt.  John  Gordon  of  Park,  John  Innes  of 
Muryfauld,  James  Abernethie  of  Mayen,  Alex1.  Gordon  of  Cairnfield, 
James  Gordon  of  Ardmeallie,  John  Innes  of  Edingight,  Alexander 
Donaldson  of  Kinnairdy,  John  Duff  of  Drumblair,  Alexr.  Duff  of 
Hatton,  James  Ogilvie  of  Baldavie,  James  Bartlet,  Provost  of  Banff, 
Alexr.  Innes  of  Rosieburn.  The  said  Capt.  John  Gordon  being  chosen 
preses. 

Thereafter  Mr.  Abernethie  of  Mayen  having  given  in  a  representation 
here  referred  to  setting  furth  that  the  expence  laid  out  on  making  the 
roads  hitherto  has  been  too  great,  and  therefore  offering  to  make  out  a 
sufficient  road  of  twenty  feet  broad  at  threepence  p.  yrd  Scots  measure, 
beginning  at  the  top  of  the  Hill  of  Cranna,  where  it  is  already  brought 
in  terms  of  his  proposal.  The  Commissioners  impower  Mayen  to  make 
out  the  above  road  to  the  extent  of  Eight  pounds  sterling  out  of  the 
first  of  the  Rogue  money  for  the  current  year ;  and  they  recommend  to 
the  several  heritors  in  the  neighbourhood  of  that  road  to  give  in  a  list 
to  Mayen  of  their  several  tennants  servants  and  others,  that  may  be 
thought  liable  to  give  service  on  the  said  road  agreeable  to  the  act  of 
Parliament,  to  be  called  out  for  that  purpose  for  the  statute  work  on 
the  said  road,  and  such  as  are  sufficient  Mayen  is  to  receive  and  allow 
sixpence  p.  day  for  each  of  them,  and  where  material  is  wanting  the 
same  is  to  be  done  at  the  expence  of  the  county. 

They  appoint  Lord  Braco's  ffactor  or  any  other  having  the  tools 
belonging  to  the  shire  in  their  custody  which  has  been  used  for  that 
road  to  give  such  of  them  to  Mayen  on  his  receipt  as  he  shall  call  for, 
for  carrying  on  said  road. 

The  Commissioners  recommend  Lord  Deskfoord,  under  whose  direc- 
tion the  road  from  Banff  to  Cullen  and  ffochabers  has  been  carrying  on, 
to  agree  with  workmen  and  manage  matters  so  as  to  make  out  a 


388  RECORDS  OF  THE  COUNTY  OF  BANFF. 

sufficient  road  of  twenty  feet  broad  not  exceeding  three  pence  p.  ell 
Scots  measure,  as  is  agreed  to  be  done  on  the  other  road. 

At  Banff,  the  second  day  of  August  one  thousand  seven  hundred 
and  fifty  seven  years,  at  a  meeting  of  the  Commissioners  of  Supply  in 
consequence  of  their  last  adjournment :  Present — The  Right  Honble. 
The  Lord  Braco,  The  Honble.  James  Duff,  The  Honble.  Alexander 
Duff  Esqr.,  James  Duff  of  Corsindae,  Alexander  Duff  of  Hatton, 
John  Innes  of  Muiryfold,  William  Leslye  of  Melross,  Patrick  Duff  of 
\Vhitehill,  James  Bartlet  of  Afforsk,  Provost  of  Banff,  Alexr.  Innes  of 
Kosieburn  and  Patrick  Dockar  Eldest  Bailie  of  Banff — Lord  Braco  being 
unanimously  chosen  preses,  the  sd  James  and  Alexr.  Duffs  having 
qualified  in  terms  of  law. 

Thereafter  there  \vas  a  letter  produced  from  Mr.  Grant  of  Tochineal 
to  Alexr.  Innes  of  Kosieburn  shewing  that  there  is  a  deep  hole  of  a 
burn  at  Thornrone  upon  the  road  which  is  making  out  at  the  publick 
charge  betwixt  Cullen  and  Ramies,  which  would  require  a  small  arch 
which  may  cost  about  Thirty  pounds  Scots  .  .  .,  which  they  [the 
Commissioners]  agree  to. 

Thereafter  there  was  a  proposal  of  having  the  roads  within  Banffshire 
made  out  and  carried  on  in  every  parish  within  itself  at  their  own 
expense  upon  the  plan  of  Aberdeenshire,  which  by  experience  has  been 
found  to  answer,  or  to  make  such  alterations  and  improvements  on  said 
plan  as  they  shall  think  proper.  The  Commissioners  are  of  opinion  it 
will  be  a  right  method,  but  defer  the  consideration  thereof  till  next 
meeting. 

BRIDGE  UPON  THE  FIDUICH  NEAR  CRAIGELLACHIE. 

Said  day  Mr.  Proctor  presented  a  letter  to  the  meeting  from  Mr. 
Grant  of  Achoynanie,  representing  that  the  timber  bridge  upon  the 
water  of  Fiddich  near  to  the  passage  boat  and  where  ffiddich  falls  into 
the  river  Spey,  which  was  a  usefull  and  most  necessary  bridge,  being 
upon  a  publick  highway,  had  so  far  failled  that  no  person  could  pass 
upon  it,  and  recommending  to  the  Commissioners  to  order  a  stone 
bridge  to  be  built  over  said  water,  as  it  would  hardly  be  possible  to  get 
large  enough  timber  to  repair  and  make  out  a  timber  bridge,  the  distance 
betwixt  the  land  stales  being  betwixt  thirty  and  fourty  feet,  and  that 


BRIDGE   UPON   THE   FIDDICH   NEAR   CRAIGELLACHIE.  389 

there  was  a  necessity  for  having  a  bridge  there  soon  on  account  of  the 
rapidity  and  deepness  of  that  water,  which  may  occasion  the  loss  of 
many  lives  if  neglected. 

The  Commissioners  are  of  opinion  that  its  absolutely  necessary  to 
have  a  bridge  at  the  foresaid  place  upon  ffidich,  and  that,  as  they  have 
not  funds  immediately  for  making  out  a  stone  bridge,  they  think  it  will 
be  most  advisable  to  provide  large  timber  for  repairing  the  old  bridge, 
and  for  that  purpose,  notwithstanding  that  their  publick  funds  were 
already  appropriate  for  the  current  year  for  carrying  on  the  roads  from 
Cullen  to  ffochabers  and  from  Banff  to  Aberchirder,  they  of  consent 
.  .  .  appoint  their  Collector  to  pay  immediately  eight  pounds  sterling 
to  Achoynanie,  Robert  Grant  of  Tammore,  James  Leslye  of  Kininvie 
and  said  Mr.  Proctor  or  any  two  of  them  upon  their  receipt  to  be  laid 
out  for  buying  the  sd  timber  and  repairing  the  sd  bridge,  .  .  .  and  that 
to  serve  in  the  meantime,  without  hindering  the  shire  from  ordering  a 
stone  bridge  to  be  built  when  their  funds  can  allow  of  it,  the  one  half 
of  said  sum  to  be  taken  from  the  fund  allotted  for  the  Cullen  road,  and 
the  other  half  thereof  to  be  taken  from  the  fund  appropriate  for  the 
Aberchirder  road. 

At  Banff  the  2Qth  day  of  September  1757,  in  a  general  meeting  of 
the  Commissioners  of  Supply,  the  Honourable  James  Duff  of  Braco 
presiding,  Lord  Deskford  by  letter  reported  that  the  Cullen  to  ffochabers 
road  had  been  made  out  as  far  as  the  Findlater  property  extended  in 
the  parish  of  Rathven.  The  meeting  appointed  Mr.  Gordon  of 
Glashtirum  and  Mr.  Alexr.  Hay  son  to  Rannass  overseers  to  carry  the 
same  road  on  to  the  Burn  of  Buckie. 

Meyan  reported  that  he  had  received  eight  pounds  sterling  for 
making  out  a  part  of  the  road  from  Hill  of  Cranna  towards  Blacktoun, 
which  would  not  pay  for  the  work  done  according  to  the  agreement 
at  the  rate  of  two  pence  p.  ell.  The  Commissioners  appointed  the 
Collector  to  pay  what  further  may  be  wanted  according  to  the  measure 
certified  by  Capt.  John  Gordon  of  Park,  James  Gordon  of  Ardmeallie, 
Alexr.  Donaldson  of  Kinnairdy,  John  Innes  of  Muiryfold  or  any  two 
of  them. 

They  recommend  to  the  Noblemen  and  Gentlemen  in  the  neigh- 
bourhood after  harvest  to  order  in  their  horses  and  tennants  for  leading 


3QO  RECORDS   OF  THE   COUNTY   OF   BANFF. 

stones  to  compleat  the  passes  at  the  Gushet  Bog  and  other  water  runs, 
for  the  time  required  by  law. 

At  a  meeting  on  2nd  May  1758,  the  Commissioners,  Sir  Robert 
Abercromby  of  Birkenbog  presiding,  appoint  the  two  publick  roads 
from  Cullen  to  ffochabers  and  from  Banff  to  Aberchirder  to  be  carried 
on  as  formerly,  and  direct  Lord  Banff  and  the  heritors  of  Alva  and 
Marnoch  to  meet  at  Blacktown  and  concert  measures  for  more 
expeditiously  making  out  the  latter  road. 

The  Commissioners,  having  under  consideration  the  state  of  the 
highways,  they  unanimously  resolved  and  agreed  that  hereafter  the 
publick  roads  in  each  parish,  except  the  parishes  that  work  on  the  two 
publick  roads  presently  carrying  on  betwixt  Cullen  and  ffochabers  and 
betwixt  Banff  and  Aberchirder,  shall  be  made  out  and  carried  on 
parochially;  and  hereby  recommend  to  and  impower  the  Commissioners 
of  Supply,  Justices  of  Peace  and  Heritors  in  each  parish  to  call  out  the 
tennants  and  inhabitants  annually  to  perform  the  statute  work,  .  .  . 
and  appoints  the  fifteenth  of  June  next  for  the  first  meeting  of  the 
Commissioners,  Justices  of  Peace  and  Heritors  of  every  parish,  in  order 
to  concert  measures  for  putting  the  above  resolutions  in  execution. 

On  3Oth  April  1759,  the  Commissioners,  Mr.  Garden  of  Troup 
presiding,  continued  the  Highway  money  and  Rogue  money  as  in 
previous  years. 

Said  day  a  letter  from  Sir  Archibald  Grant  to  Alexr.  Innes  of 
Rosieburn  to  be  communicate  to  this  meeting  was  presented  and  laid 
before  them,  anent  the  reparation  of  the  roads  within  the  parishes  of 
Keith,  Boharm  and  Skirdustan,  which  being  read  and  considered,  the 
Commissioners  desire  thanks  to  be  returned  to  Sir  Archibald  for  so 
generous  and  publick  spirited  an  offer,  and  they  recommend  to  him  as 
having  the  management  of  Mr.  Grant  of  Achoynanies  estate  in 
conjunction  with  the  other  heritors  of  these  parishes  to  cause  repair 
and  make  out  in  the  most  effectual  manner  such  publick  roads  as  shall 
be  proper  and  necessary  within  these  parishes,  with  all  convenient 
diligence,  for  that  end  to  call  in  from  time  to  time  the  tenants  and  all 
persons  lyable  in  statute  work 

The  Commissioners  have  resolved  that,  after  the  road  carrying  on 
betwixt  Marnoch  Kirk  and  Banff  is  fully  made  out  agreeable  to  their 


ROAD    MAKING.  391 

former  orders,  that  the  road  from  Nethermiln  of  Auchmedden  leading  to 
Banff  shall  be  next  made  out,  and  what  publick  money  may  be 
necessary  for  that  purpose  to  be  taken  out  of  the  Rogue  money.  .  .  . 
They  therefore  recommend  Mr.  Garden  of  Troup  to  take  the  direction 
of  that  road  upon  him  intirely,  and  for  that  purpose  to  call  out  the 
whole  tenants  and  inhabitants  within  the  parish  to  perform  the  statute 
work 

The  Commissioners  recommend  to  Lord  Deskford,  Mr.  Gordon  of 
Ardmeallie,  Mr.  Hay  of  Montblairy,  Mr.  Innes  of  Muiryfold  and  Alexr. 
Innes  of  Rosieburn  or  any  three  of  them  that  cnn  attend  to  meet  upon 
Tuesday  the  eight  of  May  next  to  view  the  road  already  made  out 
betwixt  Cranna  and  Blacktown,  to  consider  if  the  same  has  been 
sufficiently  done  according  to  agreement,  and  to  cause  measure  and 
order  payment  to  Alexr.  McLean  therefore 

At  Banff  the  22nd  June  1759,  the  Commissioners,  Lord  Deskford 
presiding,  on  a  representation  that  a  road  betwixt  Portsoy  and  Keith 
would  be  extremely  necessary  and  convenient,  recommend  to  the  Karl 
of  ffindlater,  Sir  Robert  Abercromby,  General  Abercromby  and  Mr. 
Grant  of  Tochieneil  to  consider  where  a  proper  road  could  be  made  out 
from  Portsoy  towards  Keith,  so  far  as  it  may  go  through  the  parish  of 
Fordyce,  and  resolved  to  indemnify  them  of  the  expense  of  an  overseer 
for  attending  the  county  people  to  be  called  in  for  performing  statute 
work,  to  be  taken  out  of  the  Highway  money  not  exceeding  one  shill. 
ster.  p.  diem. 

Thereafter  it  was  represented  that  a  road  will  be  very  necessary  and 
useful  to  strick  off  from  the  publick  road  leading  to  Aberchirder  near  to 
George  Raineys  in  Crana,  and  to  proceed  from  thence  to  the  Boat  of 
Inverkeithney.  Approved,  under  the  direction  of  John  Innes  of 
Muiryfold,  the  expense  of  an  overseer  at  a  rate  not  exceeding  one 
shilling  per  diem  to  be  charged  to  Rogue  money. 

Resolved  that  the  penalties  levied  on  deficients  be  applied  in  the 
first  place  for  buying  road  tools. 

In  regard  to  a  petition  by  Archibald  Duff  of  Drummuir  for  having  a 
road  made  out  through  his  estate  in  the  parish  of  Botriphnie  upon  the 
publick  expense,  the  Commissioners  reply  they  are  sorry  the  Highway- 
money  is  otherwise  appropriate  for  some  years  to  come,  but  that  as 


392  RECORDS    OF   THE    COUNTY   OF    BANFF. 

soon   as   the  publick  road  is  carried   the   length   of    Botriphney   due 
attention  will  be  had  to  his  application. 

Lord  Deskfoord  and  Captain  John  Gordon  recommended  to  report 
where  and  in  what  manner  a  road  can  be  made  out  from  Portsoy  and 
leading  to  Strathbogie. 

At  Banff,  28th  Septr.  1759 :  The  Commissioners  recommend  to 
appoint  John  Gordon  of  Cluny  and  Alexr.  Tod  factor  to  the  Duke  of 
Gordon,  as  overseers  for  carrying  on  the  publick  road  from  Burn  of 
Buckie  towards  ffochabers,  with  powers  to  call  out  the  country  people. 

The  Commissioners  recommend  to  Lord  Macduff,  Lord  Banff, 
Mountblairy,  Melross,  Corsindae  and  Rosieburn  or  any  three  of  them 
to  meet  and  carry  on  the  road  that  leads  from  Tipperty  and  Wardend 
towards  Bachlaw. 

At  Banff,  3Oth  April  1760,  the  Commissioners  continue  the  Highway 
money  and  Rogue  money  this  year  at  the  same  rate  as  last  year. 

AT  Banff  the  Thirteenth  day  of  June  one  thousand  seven  hundred 
and  sixty  years :  At  a  meeting  of  the  Commissioners  of  Supply 
and  Justices  of  Peace  of  Banffshire,  in  consequence  of  the 
last  adjournment  :  Present — The  Right  Honble.  The  Lords 
Deskfoord,  Macduff  and  Banff,  Sir  Robert  Abercromby,  Captain 
Gordon  of  Park,  George  Hay  of  Montblairy,  James  Abernethie 
of  Mayen,  James  Duff  of  Corsindae,  Alexander  Gordon  of 
Cairnfield,  Alexander  Innes  of  Rosieburn  and  William  Ogilvie, 
Merchant  in  Banff.  Lord  Deskfoord  elected  preses. 

Agreed  that  what  remains  unmade  of  the  road  betwixt  Blacktown 
and  Banff  shall  be  made  out  under  the  direction  of  Lords  Macduff  and 
Banff,  Mr.  Hay  of  Montblairy  and  Alexr.  Innes  of  Rosieburn  or  any 
two  of  them  agreeable  to  the  former  order  and  resolution  thereanent, 
the  gravelling  of  the  road  betwixt  Spittlemyre  and  the  Town  of  Banff, 
partly  in  the  county  and  partly  within  the  territories  of  the  town,  to 
be  done  by  the  tennants  within  the  parish  of  Banff  of  Lords  Findlater 
and  Macduff  with  their  horses  and  carriages  assisting  the  towns  horses. 

They  renew  the  order  given  last  year,  impowering  Sir  Archibald 
Grant  in  conjunction  with  the  other  heritors  of  the  parishes  of  Keith, 
Boharm  and  Skirdustan  to  call  in  the  country  people  and  apply  the 


ROAD    MAKING. 


393 


statute  work  in  making  out  the  road  from  Keith  to  Boat  of  ffiddich, 
allowing  for  an  oversier  a  sum  not  exceeding  one  shilling  p.  day,  and 
five  pounds  sterling  for  tools  out  of  the  Highway  money. 

The  meeting  desire  Rosieburn  to  write  to  John  Gordon  of  Cluny, 
Mr.  Hay,  son  to  Rannas,  and  Mr.  Gordon  of  Glastirum  to  hasten 
making  out  the  road  that  leads  betwixt  Cullen  and  ffochabers,  agreeable 
to  former  orders. 

And  as  the  publick  road  from  Banff  to  Keith  falls  next  to  be  made 
out,  they  name  and  appoint  Lord  Deskfoord,  Captain  John  Gordon, 
John  Innes  of  Edingight,  John  Innes  of  Muiryfold  and  Tochieneal  as 
a  Committee  to  consider  the  proper  way  of  carrying  on  the  said  road, 
and  to  report  to  next  meeting. 

Continues  the  order  for  Troups  road  in  Gamrie  parish. 

They  recommend  to  Lord  Deskfoord  and  Captain  Gordon  to 
consider  the  proper  way  for  carrying  on  the  road  betwixt  Portsoy  and 
Strathbogy. 

Thereafter  there  was  a  state  of  accompts  given  in  by  Alexander 
Innes,  Collector,  anent  the  Highway  money  and  Rogue  money  as 
follows : — 

STATE  OF  THE  HIGHWAY  MONEY. 

Dr.  Cr. 

Str.  Str. 

To    balance    in     Collector's     hands    at 

clearing  with  him  in  May  1758  -         -       £14     4     7 
To    Highway    money    imposed    for   the 

year  from  May  1758  to  May  1759  33     o     o 

To  do.  imposed  from  May  1759  to  May 

1760  33     °     ° 

1758 — July  i. — By  cash  paid  Mr.  Hay  at 

Rannas  p.  rect.  £14     4     7 

1759 — May. — By  do.  paid  him  p.  receipt  15     o     o 

1760 — ffeb.  14. — By  do.  paid  him  p.  receipt  7  10     6 

By  Balance  due  by  the  Collector     -  43     9     6 

£80     47          £80     4     7 

Z  2 


3Q4  RECORDS  OF  THE  COUNTY  OF  BANFF. 

STATE  OF  THE  ROGUE  MONEY. 
To  balance  in   the  Collectors  hands   at 

clearing  with  him  in  May  1758  -         -      £"14     5     i£ 
To  Rogue  money  imposed  for  the  year 

from  May  1758  to  May  1759      -  33     °     ° 

To  do.  imposed  for  the  year  from  May 

1759  to  May  1760  33     °    ° 

By  cash  paid  for  mantainance  of  prisoners, 

etc.,  p.  accot.  £2  13     8 

By  do.  paid  Al.  McLean  for  making  the 

road  from  Malcolmsfoord    to    Black- 

town  p.  receipt  -  18  18     4 

By  drink  money  given  him  at  making  the 

agreement  for  said  road     -  026 

By  cash  paid  Al.  Moir  smith  for  sharping 

tools  p.  order  and  recept    -  o  n   n 

By    do.    paid    James    Cruickshank    for 

making  the  road  betwixt  Blacktown 

and  Banff  p.  recepts  16     8     6 

By  Alexr.  Moirs  accot.  for  mending  tools 

for  said  road      -  045 

By  cash  paid  Lord  Banff  p.  order  and 

recepts      -  480 

By  expence  of  advertising  this  meeting 

in  the  Aberdeen  Journal  by  order  of 

the  Commrs  3Oth  April  1760  036 

By  balance  due  by  the  Collector     -  36  14     3 


£80     5     *i        £80     5 

The  Commissioners  approve  of  the  within  stated  accompts,  and 
discharge  the  Collector  thereof,  except  the  balance  found  due  upon  each 
accompt,  which  he  is  to  apply  as  the  Commissioners  direct. 

DESKFOORD. 
ROAD  MAKING  AND  ROAD  MAKERS,  1751  TO  1760. 

It  will  thus  be  seen  that  since  1751,  when  the  renewed  interest  in 
road  building  set  in,  after  the  rising  of  the  Forty-five,  down  to  1760, 


ROAD    MAKING    AND   ROAD    MAKERS,    1718   TO    1760.  395 

the  main  lines  of  road  in  the  more  populous  part  of  the  shire  to  the 
north  of  Keith  were  first  attended  to.  To  the  south  of  Keith  a  mere 
mention  only  is  made  of  the  main  road  at  Drummuir  from  Keith  to 
Balvenie,  and  a  mere  intention  expressed  to  spend  public  money  on 
making  it  out;  while  the  road  from  Keith  to  Boat  of  Fiddich  and  the 
renewal  of  the  bridge  there  were  alone  carried  on  at  the  county's  expense. 
Just  as  at  the  present  day,  questions  of  contracting  for  the  work  to  be  done, 
instead  of  carrying  it  out  under  an  overseer  or  surveyor,  and  the  policy 
of  whether  roads  should  be  maintained  parochially,  or  by  taking  the 
broader  county  view,  engaged  attention.  It  is  interesting  to  note  that 
the  parochial  system,  favoured  in  Aberdeenshire,  was  no  sooner  adopted 
with  reservations,  in  1758,  than  it  was  happily  given  up,  at  any  rate  so 
far  as  the  main  lines  of  road  in  Banffshire  were  concerned. 

In  this  Chapter  the  names  of  those  Commissioners  of  Supply  and 
Justices  of  the  Peace  who  initiated  and  carried  on  the  management  of 
roads  and  other  work  of  County  administration  have  been  given  in 
some  detail.  This  has  been  done  because  it  may  be  of  some  interest 
to  know  who,  amongst  the  restricted  class  eligible,  interested  themselves 
in  those  early  days  in  County  government,  and  were  pioneers  of  the 
improvements  detailed.  Even  the  absence  of  certain  names  from  the 
sederunts  throws  a  faint  light  on  the  movements  of  the  times.  From 
1718,  or  for  that  matter  from  1689  on  to  1760,  with  the  solitary 
exception  of  the  appearance  of  John  Gordon,  Bailie  of  the  Regality  of 
Enzie,  at  the  Whitsunday  meeting  of  Commissioners  of  Supply  in  1743, 
there  is  no  mention  of  any  Duke  of  Gordon,  or  anyone  on  his  behalf, 
attending  any  County  meeting,  though  the  Gordon  interest  in  Banffshire 
was  great.  The  strong  Jacobite  leanings  of  the  heads  of  the  House  of 
Gordon,  the  fact  that  oaths  of  allegiance  to  the  new  dynasty  and 
abjuration  of  the  exiled  Stuarts  were  required,  and  the  just  suspicions 
of  the  Government,  were  enough  to  debar  the  Gordons  from  County 
or  any  other  administration.  George,  ist  Duke,  held  Edinburgh  Castle 
for  the  exiled  James  VII.  during  1689.  He  was  too  old  to  be  out  in  the 
Fifteen,  and  died  in  1716.  Alexander,  the  second  Duke,  was  out  in  the 
Fifteen  as  Marquis  of  Huntly,  and  fought  at  Sherriffmuir.  He  died  in 
1728.  Cosmo  George,  the  third  Duke,  influenced  by  his  mother,  an 
English  Mordaunt  in  the  pay  of  the  Hanoverian  government,  kept  out 
of  the  Forty-five,  but  his  Baron  Baillies  of  Stradoun  and  Strathbogie, 
the  redoubtable  Glenbucket  and  Hamilton  in  Gibston,  and  his  brother, 
Lord  Lewis,  were  out.  The  redoubtable  General  Gordon  of  Auchintoul 
only  once  looked  in  at  a  County  meeting  in  Banff. 

On  the  other  hand,  the  County  families  who  supported  the  Revolu- 
tion settlement  and  the  Hanoverian  succession,  such  as  the  Earl  of 
Findlater  and  Seafield,  Lord  Deskford  his  eldest  son,  Lord  Braco, 


396  RECORDS   OF  THE   COUNTY  OF   BANFF. 

Lord  Forglen,  the  Lairds  of  Troup,  Edingight,  Glassaugh  and 
Achoynonie,  were  active  in  carrying  on  the  government  of  the  County. 
Again,  there  were  others  who,  though  they  more  than  once  reluctantly 
no  doubt  qualified  themselves  to  Government,  and  voted  the  annual 
County  supply  to  King  William,  Queen  Anne  and  the  two  Georges,  were 
ready,  like  Birkenbog,  Park,  Durn,  Buckie,  Rannas,  Carnousie  and 
Glengarrock  in  the  Fifteen,  and  like  Park,  Durn,  young  Rannas  and 
George  Abernethie,  eldest  Bailie  of  Banff,  in  the  Forty-five,  to  strike  a 
blow,  so  that  their  Jacobite  King  might  enjoy  his  own  again. 


CHAPTER    IV. 

Commissioners  of  Supply  and  Justices  of  the  Peace,  1719-1760. 

'  I  "HOUGH  the  preceding  chapter,  for  the  sake  of  unity  of  subject 
1  matter,  was  confined  to  Road  administration  alone,  during  the 
same  period,  1719  to  1760,  other  affairs  engaged  the  attention 
of  the  Justices  of  Peace  and  the  Commissioners  of  Supply  of  the 
County.  These  will  be  treated  in  the  present  chapter  as  they  arise. 
In  regard  to  the  annual  imposition  of  Land  Tax  and  the  annual 
appointment  of  a  Collector  and  Clerk,  there  is  no  necessity  for  any 
repeated  reference  to  these  matters,  unless  something  new  emerges.  It 
is  enough  to  state  that  the  annual  Acts  of  Parliament,  imposing  the 
Land  Tax,  from  time  to  time  appointed  the  Commissioners  of  Supply 
byname.  After  1707  the  British  Acts  of  Supply  contained  the  condition 
that  none  of  those  named  Commissioners  should  be  capable  of  acting 
unless  infeft  in  superiority  or  property  valued  in  the  tax  roll  of  the 
county  at  £100  Scots  of  valued  rent.  The  tendency  grew  also  to 
appoint,  amongst  the  others  named,  an  ex-omcio  element,  such  as  the 
Provost  and  Senior  Bailie  of  Banff,  the  eldest  Bailie  of  Cullen,  and 
the  Baron  Bailies  of  the  various  regalities  of  the  County.  These 
ex-officio  nominations  were  independent  of  a  property  qualification,  and 
were  stereotyped  by  the  Act  of  1798,  which  fixed  the  Land  Tax  at  a 
definite  sum  and  made  it  perpetual.  The  statement  at  p.  284  that  at 
the  Union  the  contributions  by  England  and  Scotland  of  Land  Tax 
were  stereotyped  should  be  modified.  The  proportions  alone  between 
England  and  Scotland  were  then  fixed. 

A  CASE  OF  HAMESUCKEN. 

SEDERUNT  of  the  Justices  of  Peace  of  Banffshyre  met  at  Banff  the 
fifteenth  day  of  May  1719  ...  My  Lord  Forglan  preses. 

The  sd  day  the  Justices  of  Peace  forsaid,  taking  to  their  considera°n 
a  complaint  given  in  to  them  by  David  Chrysty  in  Auchmilly,  \vl  consent 
of  the  Pror  ffiscal,  agt  Hector  McKenzie  late  soldier  in  the  regiment  of 
Brittish  ffusileers  now  prisoner  in  the  tolbooth  of  Banff,  for  threatning 
to  murder  the  complr  in  his  own  house  under  silence  of  night,  and 
taking  from  him  a  pair  of  shoes  and  a  web  of  narrow  linnen,  and  for 
striking  the  complr  with  a  big  tree,  for  which  he  was  committed  to 
prison  by  order  of  a  warrand  from  my  Lord  Deskfoord,  therfor 


398  RECORDS   OF   THE    COUNTY   OF    BANFF. 

craving  the  sds  Justices  of  Peace  might  appoint  the  sd  Hector 
McKenzie  to  make  restitution  of  the  sds  goods  and  to  punish  him 
corporally,  and  to  find  caution  of  law  burrows  to  ye  complr  and  free  him 
from  maintaining  the  sd  Hector  McKenzie  herafter,  as  the  sd  complaint 
bears:  The  sds  Justices  of  Peace  considering  that  the  crymes  lybelled 
being  for  theft  and  hamsucken,  and  so  very  attrocious,  and  that  neyr  the 
defr  nor  wittnesses  for  proving  ye  crymes  were  cited  to  this  dyet,  they 
remit  the  said  crymes  to  be  tryed  by  the  Shirreff  deput  of  Banff,  and 
the  sd  defr  to  ly  in  prison  till  his  tryal. 

APPOINTMENT  OF  A  NEW  POST  FOR  THE  SHIRE. 

SEDERUNT  of  the  Commissioners  of  Supply  of  Banffshyre  met  at 
Banff  the  sixteenth  day  of  May  Jajvij&  and  twenty  years.  .  . 
My  Lord  Forglen  preses. 

In  respect  seall  complaints  given  in  agt  George  Brebner  former  post 
for  the  shyre  of  Banff  for  negligence  in  his  office,  and  that  John  Cow 
indweller  in  Banff  has  been  for  some  time  in  the  service  of  the  shyre 
as  post  to  their  satisfaction,  and  that  he  is  recomended  both  by  the 
Nobelmen  and  Gentlemen  of  the  shyre  and  Magistrates  of  Banff  as  fit 
for  that  office,  they  name  and  appoint  the  said  John  Cow  to  be  post  for  the 
sd  shyre  from  Whit.  Jajvij&  and  twenty  to  Whit.  Jajvij&  and  twenty  one, 
and  appoint  him  to  have  the  same  sallary  that  was  in  use  to  be  paid  to 
ye  former  post,  being  two  shillings  stg.  weekly  during  the  sd  tyme,  he 
ahvise  finding  cau°n  to  serve  faithfully  in  the  said  office,  sd  sallary  to  be 
imposed  and  collected  with  the  cess  .  .  . 

Banff,  i6th  May  1721. — In  respect  that  John  Cow  present  shires 
post  has  behaved  himself  honestly  and  dilligently  since  his  entrie,  the 
Commisrs  doe  therefore  continue  him  for  another  year  after  this  date, 
and  appoint  him  the  same  sallarie. 

Banff,  2nd  May  1723. — The  post  is  continued  for  a  year  or  so  much 
therof  as  there  shal  not  be  a  post  settled  twixt  Banff  and  Aberdeen  by 
the  General  Postmaster. 

THE  SCHOOLMASTER  OF  BELLIE. 

Banff,  i6th  May  1722. — The  Commissioners  having  considdered  a 
petition  from  Mr.  Walter  Syme,  minister  at  Glass,  as  commissioned 
from  the  presbytery  of  Strathbogie,  representing  that  there  was  no 


THE    SCHOOLMASTER    OF    BELLIE. 


-   399 


school  schoolmaster  or  sallarie  for  a  schoolmaster  settled  in  the  parish 
of  Bellie,  and  yrfor  praying  that  the  Commissioners  would  stent  a 
sallarie  for  a  schoolmaster  to  the  said  parish  not  exceeding  two  hundred 
merks  nor  under  one  :  They  yrfor  allowed  the  presbytery  to  cite  the 
heritors  to  compear  before  the  said  Commissioners  and  answer  to  the  sd 
complaint  agt  the  second  tuesday  of  August  next. 

This  procedure  arose  out  of  the  enactment  for  settling  of  schools, 
William  III.,  c.  26,  gth  October,  1696,  which  ordained  that  there  be  a 
school  settled  or  established,  and  a  schoolmaster  appointed  in  every 
parish  not  already  provided,  by  advice  of  the  heritors  and  minister  of 
the  parish ;  and  for  that  effect  that  the  heritors  and  minister  in  every 
parish  meet,  and  provide  a  commodious  house  for  a  school,  and  settle 
and  modify  a  sallary  to  a  schoolmaster,  which  shall  not  be  under  one 
hundred  merks  nor  above  two  hundred  merks  to  be  paid  yearly  at  two 
terms  .  .  .,  and  that  they  stent  and  lay  on  the  said  sallary  conform 
to  every  heritor's  valued  rent,  allowing  each  heritor  relief  from  his 
tennants  of  the  half  of  his  proportion.  .  .  .  And  if  the  heritors  shall 
not  conveen  or  shall  not  agree  amongst  themselves,  then  the  presbytery 
shall  apply  to  the  Commissioners  of  the  Supply  of  the  shire,  who,  or 
any  five  of  them,  shall  have  power  to  settle  a  school,  and  settle  and 
modify  a  sallary  for  a  schoolmaster,  not  being  under  one  hundred 
merks,  nor  above  two  hundred  merks,1  as  said  is. 

No  further  or  more  favourable  conditions  were  made  for  parochial 
schoolmasters  until  107  years  later,  in  1803,  when,  on  the  narrative  that 
schoolmasters  in  Scotland  are  a  most  useful  body  of  men,  and  their 
labours  have  been  of  essential  importance  to  the  publick  welfare,  it  was 
enacted  that  their  sallaries  shall  not  be  under  the  sum  of  three  hundred 
merks  nor  above  the  sum  of  four  hundred  merks  Scots  per  annum,  a 
maximum  of  £22.  43.  5^d.  stg.  In  1861,  schoolmasters  salaries  were 
increased  to  a  minimum  of  £35  and  a  maximum  of  £70.  These 
restrictions  were  swept  away  in  1872.  Now,  in  1918,  the  recurrent 
complaint  is  made  that  teachers'  salaries  are  still  inadequate ;  and,  with 
the  abolition  of  small  parochial  School  Boards  and  the  institution  of 
County  and  City  School  Boards,  a  new  era  may  open  out  to  that 
"  most  useful  body  of  men." 

The  reason  why  such  procedure  was  necessary  in  the  case  of  Bellie 
parish,  lying  under  the  shadow  of  Gordon  Castle,  is  writ  large  on  the 

1  £11  2s.  2§d.  stg. 


400  RECORDS  OF  THE  COUNTY  OF  BANFF. 

pages  of  the  Kirk  Session  records  and  the  minutes  of  the  presbytery. ' 
The  Duke  of  Gordon,  the  predominant  and  ruling  heritor,  was  "  popish." 
He  had  no  great  interest,  therefore,  in  appointing  Calvinistic  "dominies." 
In  1720  there  was  no  settled  schoolmaster  in  Bellie.  In  1722  the 
minister  narrates  in  the  Session  minutes  that  he  was  "  concerned  that 
popish  influence  is  so  great  that  none  of  the  Duke's  people  durst  sit  in 
and  assist  the  session."  Meantime  the  efforts  of  the  presbytery  to 
settle  a  schoolmaster  were  unavailing,  as  there  was  neither  a  legal 
salary  nor  schoolhouse  at  Bellie.  In  these  circumstances  they  warned 
the  heritors  that  they  would  proceed  against  them  in  terms  of  law,  and 
the  petition  to  the  Commissioners  of  Supply  was  the  result.  The 
presbytery  appointed  a  committee  to  wait  on  the  Commissioners  at 
the  diet  appointed,  in  case  the  Duke  of  Gordon  should  not  come  to 
reasonable  terms.  The  County  minutes  are  silent  on  any  further 
procedure,  and  it  is  likely  that  the  Duke  of  Gordon  settled  a  salary  and 
house,  because  soon  after  Mr.  Innes,  former  schoolmaster  at  Rathven, 
was  appointed  teacher. 

IDLE  VAGRANTS  AND  SORNERS. 

Banff,  2nd  May,  1723. — The  Comrs  do  unanimously,  in  the  terms  of 
the  act  of  parliat  in  that  behalf,  impose  and  lay  on  twelve  pennies  Scots 
on  each  hundred  pound  of  valued  rent  wtin  ye  shyre,  for  maintaining 
such  vagabonds  as  shall  be  taken  and  imprisoned,  and  appoint  the  same 
to  be  levied  wth  the  cess. 

Sitting  as  Justices  of  the  Peace,  with  Lord  Forglen  in  the  chair,  the 
meeting  taking  to  their  consideration  that  the  country  is  much  infested 
with  many  idle  persons  and  vagrants,  that  go  about  under  the  names  of 
thiggers,  beggars  and  several  other  pretences,  and  that  their  meeting 
with  recipts  contributes  to  encourage  them,  also  that  the  giving  of 
thiggings  wes  some  pretext  to  these  idle  vagrants  and  sorners,  ffor 
remeed  therof  the  Justices  of  Peace  appoint  all  constables  to  appre- 
hend all  idle  persons,  vagrants,  &c.,  and  carry  them  to  the  next  prison, 
and  deliver  them  over  to  the  Magistrates  of  the  town  where  the  next 
prison  is,  under  form  of  instrument,  that  they  may  be  punished  as  the 
law  directs.  Recepters  ot  vagrants  are  also  directed  to  be  apprehended 
imprisoned  and  punished.  All  persons  in  the  shire  are  prohibited  from 
giving  any  thiggings  under  the  penalty  of  twelve  pounds  Scots  to  be 
paid  to  the  informer.  This  act  to  be  published  at  each  parish  church 

'  Dr.  Cramond's  "Church  and  Parish  of  Bellie,"  pp.   II,   12,  31,  32. 


RECRUITING    METHODS. 


4OI 


and   publictly   read   by   the    Ministers   or   Readers   immediately   after 
Divine  Service. 

The  Act  for  the  more  effectual  disarming  of  the  Highlands,  n  Geo.  I. 
c.  26,  on  the  narrative  that,  for  want  of  sufficient  funds  for  defraying 
the  cost  of  apprehending,  subsisting  and  prosecuting  criminals,  they 
often  escaped  the  punishment  due  to  their  offences,  enacted,  at  section 
12,  that  the  Freeholders  of  counties  in  Scotland  should  annually  assess 
at  their  head  courts  such  sums  as  would  be  sufficient  for  defraying  the 
charges  of  apprehending  of  criminals  and  of  subsisting  of  them  in 
prison  until  prosecution,  and  of  prosecuting  such  criminals  for  their 
several  offences  by  due  course  of  law,  and  to  and  for  no  other  use  or 
purpose  whatsoever.  In  Banffshire  these  duties  were  performed  all 
through  by  the  Commissioners  of  Supply,  and  not  by  the  Freeholders 
as  such,  and  there  was  no  necessity  in  practice,  therefore,  for  the  statute 
of  2  and  3  William  IV.,  c.  65,  transferring  the  powers  of  Freeholders  to 
the  Commissioners  of  Supply,  so  far  as  this  duty  was  concerned.  The 
reference  in  the  Minute  to  carrying  vagrants  arrested  to  the  next  prison 
and  delivering  them  over  to  the  Magistrates  of  the  town  arose  out  of 
the  duty  placed  by  the  old  Scots  statute  of  1597  upon  Royal  Burghs  to 
provide  and  maintain  prisons  upon  their  own  common  good,  or  otherwise 
upon  the  charges  of  the  burgh  for  the  detention  of  such  transgressors 
of  the  King's  laws,  as  should  be  presented  unto  them  by  the  Sheriff  of 
the  shire. 

ALEXR.  AND  JOHN  INNES  APPOINTED  JOINT  SHERIFF  AND 
J.P.  CLERKS. 

At  a  meeting  of  the  Justices  of  Peace  and  Commissioners  of  Supply 
at  Banff  on  24th  September  1723,  Alexander  Innes,  Writer  in  Edin- 
burgh, presented  a  Commission  from  the  Duke  of  Roxburgh,  Secretary 
of  State  for  Scotland,  appointing  him  and  John  Innes,  yr.  of  Edingight, 
conjunct  Sheriff  Clerks  and  conjunct  Clerks  to  the  Justices  of  Peace 
within  the  Sheriffdom  of  Banff.  The  Commission  narrates  that  the 
Sheriff  Clerkship,  formerly  pertaining  to  George  Leslie  of  Burdsbank, 
was  now  vacant  through  his  resignation,  and  that  the  J.  P.  Clerkship 
had  been  these  severall  year  bygone  and  is  presently  in  vaccancy. 
Though  the  appointment  was  a  joint  one  all  emoluments  were  reserved 
to  Alexander  Innes. 

RECRUITING   METHODS. 

SEDERUNT  of  the  Justices  of  the  Peace  att  Banff  the  fourth  day  of 
May  one  thousand  seven  hundred  and  twenty  four  years,  present 
William  Duff  of  Bracco  and  Robert  Stuart  present  Provost  of 
Banff. 

A3 


402  RECORDS    OF   THE    COUNTY    OF    BANFF. 

Compeared  Lieutenant  John  Grant1  younger  of  Ballindallach  in 
Lieu".  Generall  Coaliers  regiment  of  ffoot  in  the  Scots  Brigade  in 
Holland,  and  represented  that  he  had  ingadged  Alexander  Brown  and 
John  Garden,  who  are  presently  lying  in  the  Tolbooth  of  Banff,  as 
vagabonds  and  louse  and  idle  persons  for  his  Majesty  King  George 
service,  and  that  they  had  frankly  and  voluntarly  accepted  of  his 
money  and  ingadged  wl  him  for  the  sd  service  w'out  being  in  the  least 
threatned  or  compelled,  in  presence  of  Robert  Stuart,  Provost,  James 
Ogilvie  and  William  Syme,  Baillies  of  the  Burgh  of  Banff,  and  they 
being  all  present  did  avouch  the  same.  Whereupon  the  sd  Lieut. 
Grant  desired  the  saids  prisoners  might  be  sett  at  liberty.  The 
Magistrates  of  Banff  are  ordained  to  set  them  at  liberty  and  deliver 
them  to  Lieut.  Grant,  he  giving  an  obligation  to  transport  them  at  his 
own  charges  and  make  the  country  free  of  them,  since  they  are  known 
to  be  idle  and  vagrant  persons,  wtout  lose  of  tyme. 

ALEXANDER  INNES  APPOINTED  CLERK  OF  SUPPLY. 
The  Commissioners  of  Supply  at  their  meeting  on  yth  May  1724, 
make  choise  of   Alexander  Innes   Shirriff  Clerk  of   Banff  to  be  their 
Clerk  for  the  sd  year    .    .    . 

The  Commissioners  likewayes  continue  the  penny  on  the  hundred 
pound  valued  rent  for  maintaining  vagabonds,  after  they  are  taken  up 
and  imprisoned. 

THE   LOCAL  POST  OFFICE. 

They  continue  John  Cow  their  post  for  a  year,  and  allow  him  two 
shillings  sterling  each  week  for  his  sallary  dureing  the  sd  space,  but  in 
case  there  shall  be  a  post  office  settled  by  the  Generall  Postmaster  they 
appoint  that  his  sallary  may  be  stopt  immediatly  yrafter  .  .  . 

As  there  is  no  further  entry  in  the  Minutes  of  any  future  assessment 
for  the  support  of  the  Post,  it  may  be  assumed  that  a  Post  office  was 
settled  by  the  General  Postmaster.  The  Act  anent  the  Post  office 
passed  on  5th  July  i6g5,2  was  an  elaborate  act  establishing  a  general 
postal  service  for  Scotland.  Like  many  other  Scots  acts,  however,  it 
was  more  honoured  in  the  breach  than  the  observance.  It  seems  never 
to  have  been  applied  to  the  North  of  Scotland  at  anyrate.  It  was 
followed  by  the  Act  9  Anne,  c.  10. 

1  Fraser's  "The  Chiefs  of  Grant,"  Vol.  I.,  p.  520. 

'  The  Acts  of  the  Parliaments  of  Scotland,  Vol.  IX.,  p.  417. 


A  MALT  TAX  PROSECUTION.  403 

BAILLIE  SYME,  DEPUTE  COLLECTOR. 

About  this  time  Baillie  William  Syme,  who  acted  as  Depute  Collector 
for  Mr.  Andrew  Hay  of  Mountblairie,  fell  under  a  cloud.  On  2nd 
October  1724,  the  Commissioners,  on  a  complaint  that  he  had  made 
undue  exactions  in  his  collecting  of  the  cess,  appointed  a  committee  to 
inspect  his  receipts  and  compare  them  with  the  intimations  and  cast  of 
the  cess  for  three  years  last  back,  and  to  report  to  the  Commissioners 
on  first  Tuesday  of  April  next.  At  this  meeting  the  committee  reported 
that  the  shire  had  been  imposed  upon  by  Baillie  Syme ;  and  in  conse- 
quence the  Commissioners  note  the  opinion  that  the  shyre  has  been 
badly  served  by  Baillie  Syme,  and  think  it  not  proper  that  he  should  be 
any  furder  imployed  in  the  station  of  Deput  Collector  of  the  Cess. 

ROGUE  MONEY. 

On  yth  May  1725,  the  Commissioners  continue  one  shilling  Scots 
yearly  on  each  hundred  pound  valued  rent  for  maintaining  vagabonds 
after  imprisonment. 

The  Commissioners  having  lykewayes  considered  the  petition  given 
in  by  James  Miln  at  Miln  of  Boyndie,  Pror  ffiscall  of  this  shyre,  for 
searching  for  and  apprehending  the  severall  vagabonds  presently  in  the 
Tolbooth  of  Banff,  appoint  the  Collector  to  pay  to  the  sd  James  Mill  for 
his  charges  and  trouble  ffifty  shillings  sterling,  to  be  paid  out  of  the 
money  collected  for  mantaining  the  vagabonds,  and  failling  of  that  ffond 
to  be  payed  out  of  the  Highway  money. 

There  was  to  come  a  time  when  the  Commissioners  of  Supply, 
without  any  stricter  adherence  to  statute  law,  applied  Rogue  money  for 
the  maintenance  of  roads. 

A   MALT   TAX   PROSECUTION. 

On  26th  October  1725,  the  Justices,  presided  over  by  the  aged  Earl 
of  Findlater,  sat  on  an  Excise  prosecution  by  Walter  Stuart  supervisor 
for  Bryan  Beattie  Collector  of  Excise  against  Patrick  Thain,  Alexr. 
Brodie  and  oyrs  for  arrears  due  by  them  for  duty  of  malt  that  they 
entered,  and  agst  Wm.  Mair,  John  Robertson  and  oyrs  for  refuseing 
access  to  their  malt  barns  to  the  proper  officers,  when  the  lybell  was 
thrown  out,  because  the  executions  were  bad. 

The  extension  of  the  English  Malt  Tax  to  Scotland  soon  after  the 
Union  was  considered  by  the  Scots  an  infraction  of  the  conditions  of 
the  Union,  and  was  universally  resented.  It  almost  brought  about  the 


404  RECORDS  OF  THE  COUNTY  OF  BANFF. 

repeal  of  the  Union  in  1713,  and  the  Chancellor  Earl,  who  moved  the 
motion  for  repeal,  no  doubt  signed  the  deliverance  of  the  Justices 
dismissing  the  complaints  with  satisfaction.  The  prosecution  probably 
arose  out  of  the  imposition,  in  1724,  and  collection  of  a  tax  of  6d.  on 
each  barrel  of  ale,  afterwards  modified  to  3d.  on  each  bushel  of  malt. 
This  imposition  led  to  the  Shawfield  riots  in  Glasgow  of  1727. 

RATE  OF  MAINTENANCE  OF  VAGABONDS. 

The  Commissioners  of  Supply  at  their  meeting  on  5th  May  1726, 
did  not  impose  Rogue  money.  At  a  meeting  held  on  30th  September 
1726,  the  Commissioners,  considering  that  their  is  no  ffond  for  man- 
tinance  of  vagabonds  imposed  upon  the  shyre,  and  that  the  £39  12  sh. 
formerly  levied  wl  the  last  years  cess  was  not  sufficient  for  defraying 
that  charge,  in  respect  that  the  collector  has  expended  the  same  and 
thirty  nyne  pound  one  shilling  Scots  of  the  Highway  money,  they  do 
therefore  impose  upon  the  shyre  one  hundred  pounds  Scots  for  repaying 
the  said  sum,  the  remainder  for  defraying  next  years  charges  .... 

And  they  appoint  no  vagabond  that  shall  be  imprisoned  shall  have 
above  three  half  pence  p  diem,  and,  if  the  Commrs  think  fitt,  that  they 
may  allow  them  only  a  pence  ster,  and  are  not  to  exceed  three  half  pence. 

THE  RUNNING  OF  BRANDY  AND  THE  DRESSING  OF  LINT. 

The  Commissioners  of  Supply  on  2Oth  October  1726,  under  the 
presidency  of  Braco,  takeing  under  their  considera°n  the  great  loss  this 
pairt  of  the  countrey  sustains  by  running  and  selling  such  quantitys  of 
brandie  therein,  have  firmly  resolved  to  discourage  that  practise  for  the 
ffuture,  by  giveing  all  the  assistance  in  their  power  for  making  the  laws 
and  acts  of  parliament  yranent  effectual,  and  have  therefore  come  to 
the  following  resolution,  that  from  and  after  the  first  of  Aprile  next 
they  will  drink  no  brandy  by  itself  in  any  mixture  in  any  publick 
house,  .  .  .  and  will  give  every  other  encouradgement  and  assistance 
in  their  power  to  every  tennent  or  servant  wtin  their  rexive  bounds,  who 
shall  either  seize  or  inform  of  brandy  running  and  transporting  thorrow 
any  pairt  of  the  countrey  .  .  . 

And  whereas  there  being  a  book  published  att  Glasgow,  containing 
directions  for  propogateing  and  dressing  lint,  &c.,  the  Commissioners 
think  it  will  be  very  usefull  for  the  countrey,  and  yrfore  have  lodged  a 
coppy  of  it  wt  their  clerk,  and  appoint  him  to  agree  wt  a  printer  for 


LINEN  MANUFACTURE. 

printing  ffive  hunder  coppies  and  to  pay  yrfore,  and  to  give  each 
gentleman  in  the  shyre  such  a  number  of  the  sds  coppies  as  they  shall 
desire,  upon  their  receipt  oblidgeing  themselves  to  pay  what  the  Com- 
missioners shall  demand  for  the  same. 

At  page  290  will  be  found  a  reference  to  the  Act  of  1711  passed  in 
Queen  Anne's  reign  to  prevent  abuses  in  the  manufacture  of  linen. 
Prior  to  that  date  much  legislation  had  been  passed  by  the  old  Scots 
Parliament  for  the  purpose  of  regulating  its  manufacture,  and  promoting 
its  sale  at  home  and  export  abroad.  Legislation  in  1641  and  1661  was 
followed  by  the  Statutes  of  1686,  1693  and  1695,  which,  to  encourage 
the  manufacture,  enacted  that,  with  certain  exceptions,  the  bodies  of  all 
persons  should  be  buried  in  plain  linen  only,  spun  and  made  within 
Scotland.  Certain  standards  were  at  the  same  time  enacted  of  length, 
breadth  and  texture ;  and  rules  were  laid  down  for  the  Royal  Burghs 
stamping  all  linen,  if  conform  to  the  standard,  before  sale.  In  1710 
the  quantity  of  linen  produced  in  Scotland  was  1,500,000  yards,  and 
the  export  to  England  in  1720  was  valued  at  £200,000;  and  now  in 
1726  there  arose  a  strong  movement  in  Scotland  for  the  greater  pro- 
motion of  linen  manufacture.  This  movement  was  further  fostered  by 
the  establishment  in  1727  by  the  government  of  a  Board  of  Trustees 
for  the  encouragement  of  Manufactories  and  Fisheries,  though  the  linen 
manufacture  was  so  widespread  as  to  extend  more  or  less  that  year  to 
twenty-five  Scots  counties.  Under  the  stimulus  of  premiums  offered 
by  the  Board  for  the  encouragement  of  linen  manufacture,  exports  rose 
from  2,183,978  yards  in  1727  to  12,823,048  yards  in  1764. 

In  Banffshire,  linen  manufacture  was  so  far  established  that  on  loth 
August  1728,  the  Magistrates  of  Banff  appointed  intimations  to  be 
made  throughout  the  haill  parioch  kirks  of  the  shyre  that  upon 
Thursday  the  2gth  of  August  the  competition  for  the  respective  best 
linen  webs  in  termes  of  the  Secretaries  letter  will  be  made  at  Banff. ' 
In  a  letter  from  the  Magistrates  of  Banff  to  the  Trustees  for  Improving 
Linen  and  Woollen  Manufactory,  of  6th  February  1741,  they  say: — 
Some  months  ago  wee  gave  you  the  trouble  of  a  letter  anent  Mr.  Hay, 
who  sett  up  lately  in  this  place  as  a  Weaver  and  Heckler.  We  now 
begg  leave  to  renew  our  application  in  his  favours  as  being  a  young  man 
who  understands  exceeding  well  the  weaving  all  sorts  of  plain  linnen 
and  dressing  of  lint,  of  which  he  has  given  very  sufficient  proofs.  He 
likewayes  gives  out  his  lint  when  dressed  for  spinning,  and  has  .  .  . 
this  last  winter  imployed  upwards  of  200  poor  people  that  way,  and 

1  Cramond's  "Annals  of  Banff,"  Vol.   I.,  p.   199. 


406  RECORDS  OF  THE   COUNTY   OF   BANFF. 

gives  such  directions  to  the  spinners  that  the  yearn  they  spin  to  him  is 
farr  preferable  to  any  they  formerly  made,  so  that  he  will  be  of  con- 
siderable use  in  advanceing  and  bringing  to  greater  perfection  our 
linnen  manufacture  in  all  its  branches,  if  he  meet  with  proper  in- 
couradgement. '  Reference  has  already  been  made  at  p.  382  to  Lord 
Deskford's  promotion  of  flax  growing  and  linen  manufacture  at  Cullen, 
c.  1752.  When  Bishop  Pococke  visited  Banff  in  1760  he  states  that — 
Near  the  town  is  a  yard  for  bleching  linnen  yarn,  of  which  a  load  is 
sent  off  every  three  weeks  to  Edinburgh,  and  from  that  place  is  carried 
on  to  Nottingham  by  land.  .  .  .  The  town  subsists  by  this  linnen  yarn 
and  shops.  2 

MEASURES  TO  PREVENT  BRANDY  RUNNING. 

The  resolution  of  1726,  and  the  measures  then  taken  against  brandy 
running  and  smuggling  seem  to  have  been  of  little  avail.  Braco,  now  a 
member  of  Parliament,  again  on  27th  October  1730,  in  furtherance  of 
Walpole's  excise  policy,  and  the  policy  of  protecting  home  products, 
led  the  Justices  in  quarter  sessions,  three  all  told,  in  another  pious 
resolution,  which  was  advertised  throughout  the  county:— 

The  Justices  considering  the  many  and  pernicious  effects  of  the 
clandestine  importation  and  the  open  and  excessive  consumption  of 
brandy  within  Scotland,  and  that  great  sums  of  money  are  dayly 
exported  for  purchasing  the  same,  which  being  run  without  payment  of 
any  duty  is  sold  cheaper  than  spirits  distilled  at  home  can  be  afforded 
for,  which  proves  a  totall  discouragement  of  our  own  manufacture,  and 
must  of  consequence  lessen  the  pryce  of  all  grain,  .  .  .  thus  reducing 
the  funds  out  of  which  all  bounties  for  the  exportation  of  fish  and  corn 
are  payable,  and  that  the  constant  ffrauds  committed  in  the  running 
trade  have  been  extreamly  hurtfull  to  fair  traders,  tending  to  the  ruin  of 
the  whole  country,  the  Justices  in  terms  of  6  Geo.  I.  c.  21  discharge 
all  merchants  from  importing  keeping  or  selling  brandy,  unless  entered 
at  the  next  office  of  excise  .  .  . 

The  Justices  have  desired  the  Collector  of  the  customs  and  excise 
to  give  in  lists  to  them  of  the  names  designations  and  places  of  abode 
of  all  merchants  within  the  shyre,  that  do  or  are  suspected  to  deal  in 
the  said  trade,  and  a  list  of  all  persons  that  sell  ale,  wine,  brandy  or 
'  Cramond's  "Annals  of  Banff,"  Vol.  I.,  p.  214. 
«  Tour  through  Scotland  (Scot.  Hist.  Society). 


ROGUE    MONEY. 


407 


other  liquors  and  keep  publick  houses,  .  .  .  and  promise  that  all 
due  encouragement  will  be  given  to  the  discoverers  and  prosecutors  of 
those  that  unlawfully  sell,  keep  or  import  brandy ;  .  .  .  and  they 
doe  furder  recommend  to  all  Heretors,  that  in  all  tacks  set  by  them  to 
any  person  keeping  a  publick  house,  there  shall  be  a  condition  that  they 
shall  sell  no  brandy,  but  what  is  imported  conform  to  law:  With 
certification  to  all  cariers,  fishers,  boatmen  and  others  imployed  in 
running  brandy,  that  their  horses  and  boats  will  be  seized  and  them- 
selves punished.  .  .  .  Declaring  their  great  satisfaction  in  their 
tennents  to  inform  and  assist  the  officers  of  his  Majestys  revenue  for 
discovering  any  such  abuses. 

It  is  to  be  noted  that  for  many  a  year  the  satisfaction  of  Braco  and 
his  two  friends  on  the  bench,  M onblairy  and  the  Provost  of  Banff,  could 
not  have  been  great,  for  brandy  running,  free  trading  and  smuggling 
generally  were  very  common  in  Banffshire  as  in  other  Scots  counties. 
The  smuggling  episode  in  the  story  of  the  Porteous  riots  of  1736,  told 
in  the  "  Heart  of  Midlothian,"  is  typical  of  the  period. 

ALEXANDER  INNES  APPOINTED  COLLECTOR — CESS  ROLLS. 

The  meeting  of  Commissioners  of  Supply  to  impose  the  cess  of 
1727-8  should  have  been  held  on  6th  June,  but,  owing  to  a  neglect  on 
the  part  of  the  Sheriff,  was  only  convened  by  a  quorum  of  their  number 
on  4th  July  1727.  Those  present,  presided  over  by  Alexander  Garden, 
Senr.  of  Troup,  having  duly  qualified  to  the  new  sovereign,  re-elected 
Alexander  Innes  Clerk  of  Supply,  and  elected  him  Collector  in  place  of 
Mountblairy,  at  salaries  of  300  and  600  tnerks  respectively.  This 
salary  was  in  1731  for  the  first  time  expressed  at  £50  in  sterling  coinage. 
The  amount  of  cess  imposed,  including  salaries  and  highway  money, 
showed  £2  gs.  lod.  quarterly  on  every  £100  of  valued  rent.  Contem- 
poraneous with  the  appointment  of  a  new  Collector  is  found  the 
oldest  extant  cess  roll  of  the  County.  These  rolls,  which  embody  the 
old,  1690,  valued  rent  roll  of  the  County,  extend  from  1727  consecutively 
to  1764,  with  the  exception  of  the  roll  for  1745,  which,  for  obvious 
reasons,  is  missing.  There  are  odd  rolls  also  for  1779  and  1791. 

ROGUE  MONEY  AND  PARISH  CONSTABLES. 

The  assessment  imposed  to  subsist  vagabonds  in  prison,  first  called 
Vagabond,  and  later  Rogue  money,  for  some  time  varied  in  amount  and 
in  the  regularity  of  imposition.  In  1727,  1728  and  1730  it  was  not 
imposed.  On  6th  June  1729,  sixteen  pennies  Scots  were  imposed  on 
each  £100  of  valued  rent,  and  in  1731  one  shilling  Scots.  For  the 


408  RECORDS    OF   THE    COUNTY   OF   BANFF. 

next  nine  years,  until  1740,  the  Rogue  money  assessed  was  annually 
stated  at  the  aggregate  sum  of  £40  Scots.  In  1740  the  money  was 
ordered  to  be  disbursed  at  the  rate  of  one  shilling  Scots  per  diem  to 
those  imprisoned  for  capital  crimes  or  as  vagabonds. 

At  Banff  2nd  March  1731,  the  Justices,  James  Abercromby  of 
Glassaugh  presiding,  having  considered  that  there  are  no  constables 
named  for  the  parishes  of  Botriffnie,  Mortlich,  Aberlour  and  Boharm, 
and  that  the  want  of  these  occasions  vagabonds  and  sorners  to  frequent 
these  places,  and  the  several  kirk  sessions  of  these  parishes  to  abstract 
the  payment  of  their  rexive  proportions  of  the  stent  imposed  upon 
them  by  the  sds  Justices  for  maintainance  of  the  sds  vagabonds  and 
others  in  prison,  doe  therefore  recommend  to  Achoynonie,  Tullich, 
Newtoun  and  Lesmurdie  to  appoint  constables  in  these  parishes  with 
all  convenient  dilligence,  and  to  take  the  advice  of  the  severall  kirk 
sessions  anent  the  propercst  persons  within  the  sds  parishes  for  that 
purposes,  and  to  oblige  the  sds  constables  to  accept  in  terms  of  law  in 
case  of  refusall. 

At  Banff  the  3ist  May  1738,  the  Justices,  Lord  Braco  presiding, 
appointed  James  Duff,  Town  Clerk  of  Banff,  as  Pror  ffiscal  to  the 
Justice  of  Peace  Courts. 

The  Justices  considering  the  great  inconveniences  that  dayly 
happens  in  executing  their  decrees  and  sentences  for  want  of  a  competent 
number  of  constables,  do  therefore  nominat  and  appoint  the  persons 
afternamcd  to  be  constables  in  the  seall  parishes  aftermentd  viz. — 

Alexander  Miln  at  Mill  of  Alva  for  Alva,  George  Webster  in 
Kirkton  of  Forglen  for  Forglen,  James  Petrie  in  Inchdruer  for  Banff, 
William  Strachan  in  Buchraigie  for  Boindy,  William  Leg  in  Achmore 
and  James  Wood  yor.  in  Hillside  for  ffordyce,  George  Reid  in  Broom  of 
ffindlater  also  for  ffordyce,  with  full  powers,  also  William  Taylior  in 
Newtown  of  Park  for  Ordequhill,  and  for  their  encouragement  they  are 
hereby  excused  from  any  trouble  or  expense  in  repairing  the  high 
roads  of  the  shire  during  the  time  they  continue  constables. 

Three  years  later,  on  7th  April  1741,  the  Justices  considering  that 
they  have  not  as  yet  named  constables  in  the  county  to  execute  their 
warrands  and  doe  office  incumbent  on  constables,  which  is  frequently  a 
loss  to  the  Hedges,  they  therefore  doe  hereby  name  and  appoynt 
following  as  constables  persons  to  the  Justices  w*in  this  County,  vizt. ; — 


SPLITTING    OF    CUMULO    VALUATIONS. 


409 


James  Longmuir  in  Portsoy,  John  Reed  in  Miln  of  Burn,  Peter 
Wood  in  Muir  of  Glassa  and  John  Davidson  at  Miln  of  Towie,  all  in 
ffordyce  parish ;  George  Robieson  in  Bankanentim  and  Jo  Strachan  at 
Burnmouth  in  the  parish  of  Cullen  ;  David  Wilson  in  Gardenhead  of 
Park  and  John  Coupland  in  Park,  in  the  parish  of  Ordiewhill ;  Robert 
Gumming  in  Raws  of  Banff,  George  Gairden  at  Blairshinnoch  and 
George  Miln  in  Paddocklaw  in  Banff  parish;  Alexr.  Miln  at  Miln  of 
Alva,  John  Rudieman  in  Boig  of  Monblairy  and  James  Wilson  in 
Newtoun  in  Alva  parish ;  Thomas  Robertson  in  Scotstoun  and  George 
Webster  in  Kirktoun  in  fforglane  parish;  John  Miln  in  Monblaiton, 
Alexr.  Strachan  in  ffinnon  and  John  Piper  in  Oldtown  of  Melross  in 
Gamrie  parish,  w'  full  power  to  them. 

During  this  decade  the  annual  imposition  of  cess  was  diversified  by 
nothing  more  stirring  than  that  the  Collector,  Alexander  Innes,  Provost 
of  Banff  from  1735  to  1738,  was  named  a  Commissioner  of  Supply  in 
1737,  and  was  allowed,  on  26th  May  that  year,  if  he  thought  fit,  to 
employ  Robert  Innes,  writer  in  Banff,  to  write  and  do  for  him  as  clerk. 

SPLITTING  OF  CUMULO  VALUATIONS — VALUATION  OF  1679. 

The  duty  of  the  Commissioners  of  Supply  in  valuing  the  lands  of 
Banffshire  was  completed  under  the  Acts  of  1667  to  1690  in  the  years 
1679  and  in  1690.  Thereafter  the  valuation  of  the  County  was 
stereotyped,  and  the  simple  duty  of  properly  splitting  cumulo  valuations 
on  sale  or  alienation  remained.  These  splittings  now  became  common, 
because  an  artificial  manufacture  of  votes  on  the  very  limited  Scots 
Parliamentary  franchise,  on  the  advice  of  feudal  conveyancers,  was 
rising  to  an  art  in  the  hands  of  a  few  large  landed  noblemen,  who 
dominated  or  sought  to  dominate  Scotland  politically.  William  Duff, 
Lord  Braco,  was  pioneer  in  this  political  game  in  Banffshire. 

At  Banff,  4th  October  1733,  present  Bracco,  Troup,  Crombie, 
Achonany,  Glassaugh  and  Montblairie,  Troup  preses — the  six  Commis- 
sioners of  Supply,  having  considered  a  Disposition  by  Thomas 
Donaldson  of  Kinnairdie  [brother-in-law  of  Braco]  to  his  son  William, 
of  the  lands  and  barrony  of  Netherdale  and  certain  other  lands  dated 
ist  June  1733,  declaring  that  these  lands  and  the  lands  and  barrony  of 
Kinnairdie  remaining  with  Thomas  Donaldson  were  of  equal  rent,  and 
valued  in  the  County  valuation  books  at  £1033  Scots,  and  that  William 
Donaldson  relieved  his  father  of  £516:  io/-  Scots,  half  of  said  valua- 
tion, split  and  apportioned  the  said  cumulo  accordingly.  An  extra  vote 
was  thus  created. 

B3 


410  RECORDS  OF  THE  COUNTY  OF  BANFF. 

The  same  day,  on  a  crave  that  the  lands  of  Mosstown  in  Grange 
were  in  use  to  pay  cess  at  the  rate  of  £45  Scots  of  valued  rent,  and  on 
production  of  a  missive  letter  by  Alexander  Duff  of  Hatton  [Braco's 
cousin] ,  and  Edingeith,  to  the  Collector,  arid  of  a  Disposition  of  the 
lands  by  Edingeith  to  Hatton,  instructing  the  same,  the  Commissioners 
continue  the  said  valuation  of  £45  Scots.  Edingeith's  valuation  of 
£500,  though  thus  reduced  by  £45,  still  maintained  a  vote ;  and  the  £45 
acquired  was  added  by  Alexander  Duff  of  Hatton  to  his  valuations  of 
Dounies  £133,  and  Auchinhamper  £266,  in  Inverkeithny,  to  take  him 
beyond  the  charmed  £400  Scots,  and  give  him  a  claim  to  a  vote. 

The  same  day,  on  a  Disposition  dated  i3th  June  1733,  by  Charles 
Hay  of  Rannas  to  his  son  Andrew  Hay  of  part  of  the  Barrony  of 
Rannas,  declaring  the  valued  rent  of  said  lands  to  be  £550  Scots,  the 
Commissioners  continued  the  valuation  of  Muldavit  at  £210  Scots,  and 
ordained  the  Collector  to  state  £310  on  the  lands  of  Connage,  Wester 
Freuchnie,  Nether  Freuchnie,  Carnoch,  Scotstown,  Muiry  Crook,  etc., 
in  all  £520  stg.  belonging  to  Andrew  Hay.  The  sum  of  £900  was 
stated  as  the  remainder  on  Charles  Hay's  remaining  lands.  Thus  was 
a  claim  to  another  vote  laid. 

On  the  same  day,  a  Disposition  by  William  Duff  of  Bracco  to 
Thomas  Innes  of  Muryfold  of  the  lands  of  Cullen  of  Gamrie,  etc., 
dated  I3th  June  1733,  declared  the  valued  rent  £460  Scots.  These  lands 
were  formerly  valued  in  with  Montbletton  and  some  other  lands  at  a 
cumulo  of  £1420  Scots.  The  Commissioners  apportioned  £460  Scots 
on  the  lands  of  Cullen,  comprehending  Whitestones,  Burnside,  Bloody- 
myre  and  Mossend,  and  £960  Scots  on  Montbletton  and  other  lands. 
Thus  was  a  claim  to  another  vote  laid  for  a  doer  of  Braco. 

The  above  method  of  splitting  old  valued  rent  cumulos  in  accordance 
with  declarations  contained  in  the  deeds  of  alienation,  instead  of  on  a 
solemn  proof  of  value,  was  soon  abandoned  as  of  doubtful  legality. 

The  minute  of  Commissioners  of  i6th  May  1741,  arising  on  a  petition 
by  Lord  Braco,  discloses  the  important  local  fact  that  there  was  a  valuation 
of  the  County  in  1679,  followed  by  the  extant  one  of  1690  given  on  pages 
269  to  280.  In  1679  the  lands  of  Allachie,  it  is  narrated,  were  valued 
at  £100,  Ruddrie  £320,  Drumfurich  £250  and  Belmarion  £40 — in  all 
£720.  These  lands,  by  the  revaluation  of  1690,  were  valued  in  cumulo 
at  £437.  The  lands  of  Allachie  and  Belmarion  were  wadset  lands, 
Belmarion  being  redeemed  by  the  Duke  of  Gordon,  and  Allachie  like 
to  be  soon  redeemed  by  the  Laird  of  Grant.  Braco  asked  for  a  remit 
to  some  of  the  Justices  to  take  up  a  judicial  rental  of  said  lands,  and  to 
proportion  the  rental  conform  to  the  valuation  of  1690.  Remit  was 
made  to  Alexander  Stuart  of  Lesmurdie  and  ffrancis  Stuart  younger  of 
Lesmurdie  accordingly,  to  report  betwixt  and  Thursday  next.  No 
farther  action  seems  to  have  been  taken  in  this  matter, 


CONTESTED  ELECTION  OF  CLERK  AND  COLLECTOR. 

DEARTH  OF  1740-1. 

An  echo  of  the  bad  harvest  in  Scotland  of  1740  is  heard  in  the 
minute  of  the  Justices  at  Banff  of  2ist  March  1741.  The  meeting, 
presided  over  by  Lord  Braco,  considering  the  present  calamities  of 
the  country  occasioned  by  the  dearth  and  scarcity  of  victuall,  and  the 
many  inconveniencies  that  arise  by  the  ffarmers  and  others  keeping  up 
their  victuall  and  of  the  practice  of  buying  country  bolls,  which  hinders 
bringing  the  same  to  publick  mercat,  discharge  the  exportation  of  any 
victuall  and  the  buying  or  selling  of  all  country  bolls,  except  what  is 
necessary  for  their  own  families,  and  what  is  brought  to  publick  mercat, 
until  Thursday  the  sixteenth  April  next,  when  a  general  meeting  of  the 
whole  Justices  and  Heretors  will  be  held. 

That  meeting  was  held  on  6th  May  1741.  After  mention  of  the 
great  dearth  and  scarcity  of  victuall  and  the  present  dismall  situation  of 
the  country,  it  was  put  to  a  vote  if  the  prohibition  of  exportation  of  any 
meall,  bear,  oats  or  grain  out  of  the  country  be  continued  until  agth 
May  current.  Carried  by  a  majority  not  to  continue  the  prohibition. 

SPLITTING  OF  VALUATION  OF  ACHYNDACHY. 

At  Banff,  I3th  November  1741,  the  Commissioners  of  Supply,  on 
the  petition  of  Lord  Braco,  split  the  cumulo  valuation  of  £600  Scots  on 
Achyndachy  and  Upper  Achanacy,  in  Keith,  according  to  their 
respective  real  rents,  as  ascertained  in  a  judicial  rental  taken  up  by 
Thomas  Innes  of  Muiriefold,  one  of  the  Justices  of  Peace  and 
Commissioners  of  Supply  of  the  shire.  This  judicial  rental  showed 
Achyndachy  worth  £911  gs.  lod.  Scots  and  Upper  Achanacy  £496  8s. 
Scots  ;  and  the  Commissioners  accordingly  apportioned  £388  gs.  Scots 
of  the  cumulo  on  Achyndachy,  and  £211  us.  Scots  on  Upper 
Achanacy.  This  splitting  of  the  cumulo  was,  however,  not  acted  on. 

CONTESTED  ELECTION  OF  CLERK  AND  COLLECTOR. 
ATT  Banff  the  first  day  of  June  one  thousand  seven  hundred  and 
fourty  two  years.  Convened  Commissioners  of  Supply  after- 
name  to  witt  William  Lord  Braco,  Sir  William  Gordon  of 
Park,  Sir  William  Dunbar  of  Burn,  Sir  Alexander  Reid  of 
Barra,  George  Gordon  of  Buckie,  Alexander  Gairden  of  Troup, 
James  Leslie  of  Tullich,  Alexander  Stuart  of  Lessmurdie, 
Francis  Stuart  of  Lessmurdie,  younger,  James  Abernethie  of 
Meyan,  John  Innes  of  Edingight,  John  Innes  of  Edingight, 


412  RECORDS   OF   THE    COUNTY   Of    feANFF. 

younger,  Andrew  Hay  of  Rannas,  yor.,  Andrew  Hay  of  Mont- 
blairy,  Alexander  Gordon  of  Cairn  field,  Patrick  Gordon  of 
Ardmeallie,  John  Johnstown  of  Elrick,  Alexander  Abernethie  of 
Corskie,  Alexander  Duff  of  Hatton,  William  Leslie  of  Melross, 
Alexander  Keith  of  Northfield,  Alexander  Innes,  Provost  of 
Banff  for  the  time,  Thomas  Innes  of  Muiryfauld,  George  Joass 
of  Colleonard,  Thomas  Stuart  of  Bogg,  Mr.  Alexander 
Chalmers  of  Clunie,  Robert  Innes  of  Culvie,  Alexander 
Anderson  of  Newtown,  Walter  Ogilvie  of  Badenspink,  Alex- 
ander Gordon  of  Edintore,  George  Abernethie,  as  Eldest  Baillie 
of  Banff,  and  James  Duff,  another  Baillie,  likeways  claiming  a 
vote  as  Eldest  Baillie  ....  John  Ord  of  ffindochtie 
claiming  as  Eldest  Baillie  of  Cullen. 

This  meeting  was  an  important  one  in  point  of  the  number  of 
Commissioners  attending  and  otherwise.  A  strong  attempt  was  made 
at  it  to  unseat  the  old  Clerk  and  Collector,  Alexander  Innes,  who  had 
served  the  county  since  1724,  and  who  took  his  part  in  the  meeting  as 
Provost  of  Banff.  The  din  of  the  strife  can  even  yet  be  faintly  heard  in 
the  county  chronicle;  but  there  is  no  disclosure  of  the  underlying  motive. 
Who  was  the  mainspring  of  the  movement  the  minute  does  not 
specifically  disclose.  At  any  rate,  James  Abernethy  of  Mayen  was  in 
the  front,  and  active  in  taking  objections  to  the  status  of  known 
supporters  of  the  Clerk  and  Collector.  The  sederunt  was  no  sooner 
taken  than  he  objected  to  Baillie  George  Abernethie's  status  as  Eldest 
Baillie  of  Banff,  alleging,  amongst  other  reasons,  that  so  sensible  was 
the  Provost  [Alexander  Innes]  that  James  Duff  was  the  Eldest  Baillie 
that  he  solicited  for  his  vote  after  a  very  strong  manner.  On  the  other 
side,  Alexander  Innes,  Clerk  and  Collector,  sitting  as  Provost  of  Banff, 
had  no  compunction  in  fighting  for  his  own  hand.  He  objected  to 
John  Ord's  status  as  Eldest  Baillie  of  Cullen  on  the  ground  that 
William  Ord  held  that  position.  In  course  of  the  arguments  adduced 
for  John  Ord,  the  following  peculiarity  in  regard  to  Cullen  was  noted 
—By  the  sett  of  the  Burgh  of  Cullen  no  Provost  can  be  elected,  and 
for  that  reason  there  is  an  absolute  necessity,  as  indeed  the  practice  has 
been  in  that  Burgh  to  choise  one  yearly  at  Michaelmas,  who  goes 
under  the  name  of  Eldest  Baillie,  and  the  practice  of  this  Eldest  Baillie 
has  been  to  call  Councils  and  to  do  every  other  thing  that  any  Provost 
can  do  in  any  other  Burgh. 

No  determination  was  come  to  regarding  these  objections  at  this 
stage,  though  the  objection  to  John  Ord  was  not  afterwards  insisted  on. 


CONTESTED    ELECTION    OF   CHAIRMAN. 


4*3 


The  meeting  then  proceeded  to  elect  a  Chairman;  and  Sir  William 
Gordon  of  Park  and  Patrick  Gordon  of  Ardmeallie  were  voted  on. 
The  strength  of  the  contending  parties  was  seen  in  this  division,  the 
supporters  of  the  Clerk  and  Collector  voting  for  Ardmeallie,  with  this 
exception,  that  Sir  William  Gordon  and  Ardmeallie  courteously  voted 
the  one  for  the  other.  For  Sir  William  Gordon  of  Park  there  voted — 
Lord  Braco,  James  Leslie  of  Tullich,  Alexr.  Stuart  of  Lessmurdie, 
Francis  Stuart  of  Lessmurdie,  James  Abernethie  of  Meyan,  Andrew 
Hay  of  Rannas,  yor.,  Andrew  Hay  of  Montblairy,  Patrick  Gordon  of 
Ardmeallie,  William  Leslie  of  Melross,  Thomas  Innes  of  Muiryfauld, 
Alexander  Anderson  of  Newtown,  Alexr.  Gordon  of  Edintore,  John 
Ord  of  ffindochtie,  Eldest  Baillie  of  Cullen,  James  Duff,  merchant  in 
Banff,  as  Eldest  Baillie  yrof — fourteen. 

For  Patrick  Gordon  of  Ardmeally  there  voted — Sir  William  Gordon, 
Sir  William  Dunbar  of  Durn,  George  Gordon  of  Buckie,  Alexander 
Gairden  of  Troup,  Sir  Alexr.  Reid  of  Barra,  John  Innes  of  Edingight, 
John  Innes  of  Edingight,  yor.,  Alexr.  Gordon  of  Cairnrield,  John 
Johnstown  of  Elrick,  Alexr.  Abernethie  of  Corskie,  Alexr.  Duff  of 
Hatton,  Alexr.  Keith  of  Northrield,  The  Provost  of  Banff,  George 
Joass  of  Colleonard,  Thomas  Stuart  of  Bogg,  Robert  Innes  of  Culvie, 
Mr.  Alexr.  Chalmers  of  Clunie,  Walter  Ogilvie  of  Badenspink,  George 
Abernethie,  mercht.  in  Banff,  as  Eldest  Baillie  yrof  —  nineteen. 
Ardmeallie  was  accordingly  elected  preses. 

At  this  stage  of  the  meeting  the  whole  members  named  in  the 
sederunt,  except  Sir  William  Dunbar  of  Durn  and  Mr.  Alexander 
Abernethie  of  Corskie,  qualified  in  terms  of  law,  taking  and  swearing 
the  oaths  of  allegiance  and  assurance.  These  two,  who  failed  to 
qualify,  voted  in  none  of  the  succeeding  divisions,  and  it  is  possible 
that  they  may  have  been  induced  by  the  opponents  of  the  Clerk  and 
Collector  to  leave  the  meeting.  The  Commissioners  then  proceeded  to 
purge  the  roll,  and  Baillie  Abernethie  was,  by  a  majority  of  three, 
admitted.  Sir  William  Gordon  at  this  point  insisted  that  the  names  of 
all  persons  voting  should  be  taken  down,  and  that  the  Chairman  had 
no  vote,  except  a  casting  vote  upon  an  equality.  These  views  were 
rejected,  and  the  meeting  agreed,  by  16  to  13  votes,  that  the  Chairman 
had  a  deliberative  vote,  and  by  a  great  majority  that  he  had  a  casting 
vote  as  well,  in  case  of  equality. 

Meyan  now  took  up  again  the  tale  of  exceptions,  and  objected  to 
Sir  Alexander  Reid's  title  to  vote  as  owner  of  the  lands  of  Forglane. 
Barra's  title  was,  however,  sustained  by  a  majority.  Alexander  Innes, 


414  RECORDS  OF  THE  COUNTY  OK  BANFF. 

Clerk  and  Collector,  as  Provost  of  Banff,  thereupon  took  objection  to 
his  relative,  Muiryfauld's,  title.  Thomas  Innes  was  factor  to  Bracco, 
and  was  evidently  known  to  be  opposed  to  the  Clerk.  Muiryfauld 
explained  that  he  claimed  as  Baillie  of  the  Regality  of  Strathisla,  an 
office  held  by  him  these  twenty-four  years  past,  and  as  such  named  a 
Commissioner  of  Supply  these  seven  or  eight  years  past,  and  not  as 
infeft  in  property  or  superiority  of  any  lands  in  the  county.  But  the 
objection  that  he  was  not  designed  as  Baillie  in  the  act  of  supply  was 
sustained  by  14  to  12  votes. 

On  the  preliminary  objections  the  Clerk  and  Collector  had  scored  a 
victory.  The  election  of  Clerk  of  Supply  was  then  proceeded  with. 
There  voted  for  Alexander  Innes  16,  and  for  Alexander  Stronach,  Notar 
Public,  13.  The  voting  was  the  same  as  for  Chairman,  with  these 
differences  : — Ardmeallie  and  Park  voted  for  Alexr.  Innes  and  Alexr. 
Stronach  respectively,  Corskie  and  Durn  did  not  vote,  while  James 
Duff  and  Thomas  Innes,  against  whose  qualifications  objections  had 
been  sustained,  offered  their  votes,  which  were  disallowed,  to  Alexander 
Stronach.  On  the  vote  for  Collector,  Alexander  Innes  was  appointed 
by  17  votes  to  12  votes  given  for  Alexr.  Abernethie,  merchant  in  Banff, 
the  vote  being  the  same  as  for  the  clerkship,  with  this  exception,  that 
Mr.  Alexr.  Chalmers  of  Clunie  voted  for  Mr.  Innes. 

Nor  was  this  the  end.  Meyan  intimated  that  a  summar  complaint 
was  to  be  given  into  the  Lords  of  Session  against  these  appointments. 
Moreover,  on  the  question  of  the  Collector's  and  Clerk's  salary,  Sir 
William  Gordon  renewed  the  contest  by  moving  an  amendment  that 
Mr.  Abernethie  and  Mr.  Stronach,  the  Collector  and  Clerk  voted  by 
him  and  the  oyr  Commissioners  of  his  side  of  the  question,  should 
have  the  salary  proposed  to  be  given  to  Alexr.  Innes,  but  was  defeated 
by  17  votes  to  12. 

A  suspension  was  raised  in  the  Court  of  Session,  and  the  Court, 
on  30th  July  1742,  decided  that  the  question  of  the  legality  of  the 
appointments  could  only  be  competently  raised  on  an  action  of 
reduction.1 

CONVENER. 

At  this  meeting  the  Commissioners  unanimouslie  nominate  Patrick 
Gordon  of  Ardmeallie  to  be  their  Conveener  for  this  current  year,  with 
power  to  call  a  meeting  of  the  Commissrs  from  time  to  time,  as  he 
shall  see  cause. 

Banff,  i8th  May  1743.  -  -  The  Commissioners  continue  Patrick 
Gordon  of  Ardmeallie  to  be  their  Conveener. 

'  Lord  Elchies'  Decisions  under  Commissioners  of  Supply. 


THE   CESS    OF    1745.  415 

The  oldest  recorded  Convener  of  Banffshire  was  the  laird  of 
Achmedden,  Shirreff  Prin11  or  his  depute  in  1670,'  followed  by  the 
Duke  of  Gordon  in  i685-2  The  Cess  Act  of  1689  instructed  the 
Commissioners  of  Supply  to  meet  to  impose  the  cess  and  to  name  a 
Conveener. 3  From  1689  to  1703  the  Convener,  if  not  in  name,  was 
de  facto  the  Earl  of  Findlater,  who  seems  to  have  had  general  direction 
of  the  affairs  of  the  Commissioners,  and  presided  at  all  the  meetings  he 
attended.  From  1703  to  1706  Lord  Boynd4  was  similarly  de  facto 
Convener.  The  Cess  Act  of  1706  again  authorised  Commissioners  of 
Supply  from  time  to  time  to  appoint  a  Convener.  After  the  union, 
the  method  obtained  for  some  considerable  time  of  not  naming 
any  commissioner  Convener.  From  1709  to  1721  Lord  Deskford 
was  mostly  de  facto  Convener.  It  is  only  in  1730  that  we  find  from 
the  minutes  a  formal  appointment.  On  9th  June  1730,  the  Com- 
missioners name  Bracco  for  yr  Convener.5  That  appointment 
had  evidently  after  a  time  lapsed,  for  at  Banff  on  3Oth  September 
I737  •  •  the  Commissioners  further  considered  the  loss  they 

are  at  by  not  having  a  Conveener  named  at  their  Generall  Meeting, 
therefore  the  Commissrs  present  unanimouslie  make  choise  of  my  Lord 
Braco  as  their  Convener,  with  power  to  him  to  call  a  meeting  of  the 
Commissrs  upon  any  emergency.  Here  we  have  the  root  idea  of  the 
appointment,  the  convening  of  meetings.  The  Convener  therefore  did 
not  necessarily  preside  at  meetings,  and  on  1st  October  1742,  though  he 
was  Convener,  and  present  at  the  Commissioners'  meeting  that  day, 
Ardmeallie  did  not  preside,  Sir  Robert  Abercrombie  of  Birkenbog  being 
chosen  preses.  In  course,  however,  the  Convener,  whose  appointment 
was  an  annual  one,  always  presided  at  meetings  of  Commissioners  of 
Supply.  On  I7th  May  1745,  Sir  William  Gordon  of  Park  was 
appointed  Conveener  for  this  current  year. 

ROGUE  MONEY. 

Rogue  money,  dispensed  with  in  1744,  was  again,  on  I7th  May  1745, 
reimposed.  They  [the  Commissioners]  also  impose  the  fourty  pounds 
Scots,  for  maintenance  of  vagabonds  and  idlers  after  imprisonment, 
because  they  apprehend  that  the  dearth  of  victuall  this  year  may 
occasion  many  of  these  idle  vagrants  sorning  upon  the  country. 

THE  CESS  OF  1745. 

The  Commissioners  find  that  the  Land  Tax  imposed  for  this 
current  year,  together  with  Highway  and  Vagabond  money,  including 

'See  p.   147.     "See  p.    149.     3  See  p.    160,   etc.     4See  p.  261-2  and  268.     5See  p.  354. 


4l6  RECORDS    OF    THE    COUNTY    OF    BANFF. 

the  Collectors  and  Clerks  sallary  effects  each  £  100  Sc.  of  valued  rent 
quarterly  with  the  sum  of  £3  8s.  4d.  Scots. 

The  year  thus  ushered  in  amid  signs  of  dearth,  went  out  in  the  red 
ruin  of  civil  war.  From  gth  September,  when  Sir  John  Cope  passed 
from  Banff  on  his  way  to  his  defeat  at  Prestonpans,  to  March  1746, 
with  the  exception  of  a  few  days  about  i8th  December,  when  McLeod 
and  his  Hanoverian  Highlanders  passed  through  Banff  to  defeat  at 
Inverurie,  Banffshire  was  held  solidly  for  Prince  Charlie.  The  Jacobite 
Lord  Lieutenant,  Lord  Lewis  Gordon,  not  only  collected  the  cess  or 
land  tax,  but  also  collected  levy  money  at  the  heavy  rate  of  £5  stg.  on 
every  £100  Scots  of  valued  rent  in  lieu  of  a  soldier,  and  quartered  on 
lands  in  cases  of  refusal  to  pay  or  provide  the  man.1  The  Cess  Roll  of 
1745  alone  of  that  decade  is  not  extant,  and  may  have  disappeared  in 
consequence  of  the  troubles. 

Banff  the  seventeenth  day  of  May  one  thousand  seven  hundred  and 
fourty  six  years.  Att  a  meeting  of  the  Commissioners  of 
Supply  of  the  County  of  Banff.  Convened — Alexander  Gairden 
of  Troup,  Peter  Gordon  of  Ardmeallie,  Alexr.  Gordon  of 
Cairnfield,  John  Innesof  Edingith,  George  Joass  of  Colleonard, 
Alexander  Keith  of  Northfield,  Robert  Innes  of  Culvie,  Walter 
Ogilvie  of  Badenspink,  Alexander  Hary  Gordon  of  Muiraik, 
James  Innes,  Provost  of  Banff,  George  Gairden,  Eldest  Baillie 
thereof,  and  John  Ogilvie,  Baillie  of  the  Regality  of  Ogilvie — 
Troup  being  chosen  Preses. 

The  said  day,  the  above-named  gentlemen  Commissioners  of  Supply 
of  said  county  being  all  formerly  duly  quallified  except  the  said  George 
Gairden,  he  was  in  presence  of  the  said  Commissioners  duly  quallified 
in  terms  of  law  by  swearing  and  subscribing  the  oaths  of  alleadgeance 
and  assurance.  The  Commissioners  haveing  laid  before  them  a  letter 
from  Mr.  Allan  Whitefoord,  Generall  Receiver  of  the  land  tax,  dated 
the  7th  May  current,  desireing  that  they  may  take  such  measures  at 
their  first  meeting  that  the  cess  of  the  year  1745  and  preceedings  as 
also  the  cess  of  this  current  year,  be  regularly  paid  up,  and  that  if  they 
think  proper  a  committee  may  correspond  in  order  ye  better  to  carry 
their  resolutions  into  due  execution,  and  to  prevent  the  charge  and 
trouble  of  sending  a  party  upon  the  shire. 

1  Fraser's  "The  Chiefs  of  Grant,"  Vol.   II.,  pp.  188  and  211.     Also  A.  &  II.  Tayler's 
"  Book  of  the  Duffs,"  Vol.  II.,  pp.  3827. 


RECORDS   OF   THE   COUNTY   OF    BANFF.  417 

The  Commissioners  taking  the  said  letter  to  consideration,  and 
having  also  considered  that  during  the  rebellion  in  this  country  the 
rebells  had  by  fforce  and  violence  compelled  the  heretors  and  others 
lyable  in  payment  of  the  cess  within  this  county  to  pay  to  them  the 
December  cess  last  and  all  preceedings,  and  that  severall  others  had 
also  by  force  been  obliged  to  pay  up  to  them  the  March  cess  last,  they 
therefore  name  the  following  gentlemen  as  a  committee  of  their  number, 
to  wit  Lord  Braco  and  all  the  gentlemen  present,  or  any  three  of  them, 
to  be  a  quorum  in  order  write  a  proper  answer  to  Mr.  Whitfoords  letter, 
after  haveing  got  notice  of  the  resolutions  of  the  county  of  Aberdeen 
anent  that  matter,  whose  practice  in  the  present  case  they  think  it 
proper  to  follow  :  And  they  name  and  appoint  Mr.  Gairden  of  Troup  to 
be  their  Conveener  for  the  ensuing  year,  and  recomend  to  him  to  write 
to  and  correspond  with  the  Conveener  of  the  Commissioners  of  Aber- 
deenshire  to  know  what  resolutions  have  been  taken  in  that  county  in 
relation  to  the  cess,  which  has  also  been  forced  by  them  from  the 
rebells,  and  after  receiving  such  answer  they  empower  Troup  to  call  a 
meeting  when  he  pleases  in  order  to  lay  the  same  before  the  Committee 
that  the  necessary  directions  may  be  given  by  them,  and  whose 
directions  the  Collector  of  Supply  is  hereby  desired  to  follow  .  .  . 
Land  tax  sallarys,  highway  money  and  vagabond  money  do  altogether 
affect  each  £100  of  valued  rent  quarterly  in  the  sum  of  £3  43.  8d.  Scots. 

HIGHWAY  AND  VAGABOND  MONEY  LAID  ASIDE. 

Banff,  I4th  May,  1747. — Att  a  Meeting  of  the  Commissioners  of 
Supply  of  the  County  of  Banff  ...  In  respect  of  the  late  troubles 
and  the  poverty  among  the  tennants,  they  have  resolved  to  lay  aside 
highway  and  vagabond  money  for  the  current  year. 

The  Collector  produced  discharge  under  the  hands  of  George 
Innes,  Receiver  depute,  for  the  land  tax  due  out  of  Banffshire  for  the 
year  Jajviic  and  fourty-five,  and  was  asked  to  lay  before  the  shire  and 
instruct  what  further  payments  he  has  made  for  the  year  1746. 

WINDOWS  AND  LIGHTS. 

And  whereas  by  an  act  passd  this  present  session  of  Parliament,  it 
appears  there's  a  certain  duty  laid  upon  all  windows  and  lights,  and 


418  RECORDS  OF  THE  COUNTY  OF  BANFF. 

whereas  the  Commissioners  of  Supply  of  this  county  have  never  had  a 
meeting  since  the  commencement  of  said  act  till  now,  they  therefore 
adjourn  .  .  .  until  they  have  further  advice  thereanent  of  the 
practice  of  the  kingdom  in  other  counties  and  untill  there  is  a  fuller 
meeting. 

The  act  referred  to,  20  Geo.  II.  c  3,  repealed  all  former  acts,  and 
imposed  in  Scotland  on  houses  of  10  to  14  windows  a  duty  of  6d.  on 
each  window,  on  houses  of  15  to  19  windows  a  duty  of  gd.  on  each 
window,  and  on  houses  of  20  windows  and  upwards  a  duty  of  is.  on 
each  window.  The  Commissioners  of  land  tax  were  appointed  Com- 
missioners for  the  act,  with  power  to  them  to  fix  the  time  and  place  of 
meetings,  divide  the  shire,  appoint  Assessors  and  Collectors,  and  pay 
them  allowances. 

On  i5th  July  1747,  the  act  of  Parliament  had  not  come  to  hand, 
and  the  Commissioners  met  on  22nd  July,  Lord  Braco  preses.  They 
at  once  divided  the  shire  into  three  Districts,  and  appointed  Banff, 
Cullen  and  Keith  as  the  places  of  meeting,  the  following  parishes  to 
be  in  the  Banff  District,  to  witt,  Banff,  Alvah,  Forglane,  Inverkeithny, 
Aberchirder,  Gamrie,  St.  ffergus,  ffetterangus  and  Straloch ;  and  in  the 
Cullen  District,  the  parishes  of  Boindie,  Fordyce,  Deskford,  Cullen, 
Rathven  and  Belly ;  and  in  the  Keith  District  the  parishes  of 
Ordiewhill,  Rothiemay,  Gartly,  Grange,  Keith,  Boatrifnie,  Boharm, 
Mortlich,  Skirduston,  Inveravine  and  Kirkmichael  ;  the  Commissioners 
of  each  of  the  above  districts  to  meet  upon  last  day  of  July  to  name 
the  severall  assessors,  and  to  report  fit  persons  for  being  Collectors  of 
the  rates  and  duties  .  .  .  ;  and  appoint  the  said  resolutions  to  be 
published  at  the  several  parish  churches  Sunday  next,  and  they 
recommend  to  the  Commissioners  of  each  District  to  name  a  constable 
in  each  parish  as  a  guide  and  assistant  to  the  Assessors  and  Inspectors. 

On  jist  July  1747,  the  Commissioners  appointed  the  following 
Assessors  to  view,  inspect  and  assess  the  severall  houses  within  the 
Banff  District:  —  Mr.  George  Malcolm,  Schoolmaster  in  the  parish 
of  Gamrie,  Mr.  John  Smith,  Schoolmaster  at  Marnoch,  and  James 
Glen  in  Blacktown,  or  any  two  of  them  for  the  parishes  of  Banff, 
Gamrie,  Alvah,  Forglane,  Inverkeithny  and  Marnoch ;  Mr.  James 
Reid  at  St.  ffergus,  ffactor  to  the  laird  of  Troup,  and  Mr.  John 
Henderson,  Schoolmaster  at  St.  ffergus  for  the  parish  of  St.  ffergus  and 
lands  of  ffetterangus ;  and  James  Elder,  Robert  Warrox  and  Andrew 


RECORDS    OF   THE    COUNTY    OF    BANFF.  419 

Longmuir,  indwellers  and  posts  in  Banff,  for  the  lands  and  barrony  of 
Straloch,  in  the  parish  of  New  Machar,  and  granted  warrants  to  cite 
them  to  appear  before  the  Commissioners  and  qualify.  These  accepted 
and  qualified  on  nth  and  i4th  August  1747. 

The  net  made  by  the  act  was  not  small  enough  in  the  mesh  to 
catch  all,  and  an  amending  act,  21  Geo.  II,  c  10,  was  passed  in  1748, 
withdrawing  from  the  Commissioners  power  of  enlarging  or  abating 
assessments,  making  rates  in  Scotland  payable  at  Whitsunday  and 
Martinmas,  and  stopping  evasions  of  the  tax  by  including  skylights  and 
enacting  that  contiguous  houses  though  not  under  the  same  roof,  if 
really  one,  should  be  counted  one,  etc.  The  same  procedure  was 
again  adopted  on  a6th  July  1748  as  in  1747,  and  the  following 
were  appointed  assessors — James  Glen  in  Blacktown,  Mr.  John  Smith, 
Schoolmaster  at  Marnoch,  and  Mr.  George  Malcolm,  Schoolmaster  in 
Gamrie,  for  Banff,  Gamrie,  Alvah,  Forglane,  Inverkeithny,  Marnoch, 
Rothiemay,  Grange  and  Gartly;  John  Garrow  in  Belnacoul,  John 
Green  in  Whitehouse  of  Edinvillie,  William  Green  in  Mains  of 
Kinermonie,  and  William  Anderson  in  Killtack  of  Kinermonie,  all 
in  Aberlour  for  Keith,  Boatrifine,  Boharm,  Mortlich,  Aberlour, 
Kirkmichael,  and  Inveravine;  Alexander  Monro  in  Backlaw,  Mr. 
Alexander  Longmuir,  Schoolmaster  at  Boindie,  and  Alexander  Stuart 
in  Nether  Dallachie  for  Boindie,  ffordyce,  Ordiewhill,  Deskford,  Cullen, 
Rathven  and  Bellie,  who  being  all  present  accepted,  and  were  duly 
quallified  to  his  Majesty  King  George  the  second  .  .  .  taking 
the  oath  de  fideli  in  their  office.  They  were  given  a  paper  of 
instructions,  and  were  directed  to  give  in  reports  to  the  Commissioners 
on  gth  August  1748. 

The  previous  assessors  for  St.  ffergus  and  lands  of  ffetterangus  and 
for  Straloch  were  reappointed,  with  the  addition  of  William  Lillie,  at 
the  Kirktown  of  St.  ffergus. 

On  gth  August  1748,  the  assessors  for  Banff,  Alvah,  Forglane, 
Gamrie,  Marnoch,  Inverkeithny,  Rothiemay,  Grange  and  Gartly 
reported  assessments  amounting  to  £14  us.  sterling,  Gartly  having  no 
assessable  houses.  The  Assessors  for  Boindie,  ffordyce,  Cullen  (the 
Town  of  Cullen  excepted),  Deskford,  Rathven  and  Bellie  reported 
£23  35.  6d.  sterling,  Ordivvhill  having  no  assessable  houses.  The 
assessors  for  Keith,  Boatrifnic,  Boharm,  Mortlich,  Aberlour,  Inveravine, 


42O  RECORDS    OF    THE    COUNTY    OF    BANFF. 

and  Kirkmichael  reported  an  assessment  of  £4  8s.  3d.  sterling.  For 
Straloch  only  one  house,  that  of  Straloch,  of  twenty-one  windows, 
assessment  £i  is.  sterling,  was  reported.  The  assessors  for  St.  ffergus 
and  ffetterangus  not  having  compeared  to  qualify  were  cited  of  new  for 
that  effect  to  Banff,  and  to  complete  the  survey  and  assessment  of  the 
whole  shire. 

Robert  Innes,  Town  Clerk  of  Banff,  appointed  Collector  of  said 
assessments,  at  the  sallary  appointed  by  the  Act  of  Parliament. 

On  loth  January  1749,  the  following  were  appointed  assessors  of 
Windows  and  Lights  for  Banff  District : — James  Ramsay,  School- 
master, Alvah ;  George  Grant  in  Clayfolds,  William  Wintown  at 
Kirktown  of  Alvah,  James  Wilson  in  Newtown  of  Montblairy ;  for 
Cullen  District: — George  Grant  in  Clayfaulds  and  James  Miln  at  Miln 
of  Boindie,  and  likeways  Charles  Burges  in  Clashdore  and  William 
Stuart  of  Hillockhead  for  the  Keith  district;  and  James  Elder  and 
Andrew  Longmuir,  posts  in  Banff  for  the  barrony  of  Straloch,  John 
Henderson  and  William  Lillic  for  St.  ffergus  and  ffetterangus. 

John  Grant,  in  Mains  of  Minmore,  Inveravine,  and  John  Riach  in 
Tamachlaggan,  Kirkmichael,  duly  summoned  to  compear  this  day  and 
place  to  accept  and  qualify  as  assessors,  failing  to  compear,  are  fined 
each  in  the  sum  of  ffive  pounds  sterling  for  their  contempt  and 
disobedience. 

Banff,  25th  Janry  1749. — The  Assessors  for  Banff  District  report  the 
assessments  upon  windows  and  lights  for  the  current  half-year  at 
£8  IDS.  gd.  stg.  The  Assessors  for  Cullen  District  report  the  assess- 
ments at  £12  6s.  4d.  stg. 

Banff,  28th  January  1749. — The  Assessors  for  the  Keith  District 
report  assessments  amounting  to  sterling.  Adjournment  made 

to  nth  February  to  receive  reports  from  St.  Fergus  and  Straloch, 
which  are  not  minuted. 

The  interest  of  the  above  minutes  regarding  Windows  and  Lights 
lies  not  only  in  the  tax  itself,  which  was  a  reactionary  introduction 
from  England,  and  in  the  method  of  raising  money  through  .local 
agency  for  imperial  purposes,  but  also  in  the  names  of  the  local 
assessors  employed,  some  of  whom  were  parish  schoolmasters. 


RECORDS  OF  THE  COUNTY  OF  BANFF.  421 

CONVENER  OF  THE  COUNTY. 

Banff,  ist  June  1750. — The  Commissioners  unanimouslie  name  Sir 
Robert  Abercrombie  to  be  their  Conveener  for  the  current  year.  The 
Collectors  expenses  in  printing  and  publishing  intima°ns  with  respect 
to  the  proposall  for  augmenting  ministers  stipends,  and  for  printing 
and  dispersing  regulations  of  the  Justices  of  Peace  with  respect  to 
servants  and  winter  herding  passed,  but  the  Commissioners  deferr 
settling  any  fund  for  his  disbursement  until  second  tuesday  of  August 
next. 


ADDENDA   AND   CORRIGENDA. 

Page     6,  line     6.— For  "Sir  James"  read  "Sir  Alexander." 
"      15,  line  29. — For  "  1661  "  read  "  r66o." 
ii      16,  line  23.— For  "1688"  read  "1668." 
"     33,  line  29. — Reference  figure  to  footnote  should  be  -. 
"     34  —Note  at  foot  of  page  should  be  Note  2  page  33. 

ii     55,  line   17. — For  "attenion"  read  "attention." 
•I     60,  footnote.— For  "pp.  543-4"  read  "pp.  504-8." 
"     68,  line  33. — For  "Alexander"  read  "George." 
"     69,  line     r. — For  "Alexander"  read  "George." 
»     88,  line   10. — Delete  "by  Gordon  of  Glenbucket "  as  vide  p.  263. 
it     90,  line  31.  — For  "Alexander"  read  "George." 
ii     99,  line   17. — For  "Alexander1'  read  "George." 
i'    123,  add  footnote  to  line  29. — "In   1918  the   Constituency  of  the    Elgin 

Burghs  was  abolished." 
ii    129,  add  footnote  to  line  23,  "The  Act  of  Parliament  1707-8  disqualified 

Roman    Catholics    from    being   admitted  to    the    Roll 

and  voting  as  Commissioners." 
n   138,  line     3. — For  "Charles"  read  "Alexander." 
i.   193,  line   17. — Add  note  of  interrogation. 
M    193,  line  38. — For  "November"    read  "August." 

i-   229,  line  34. — It  was  not  found  feasible  to  reproduce  these  signatures. 
ii   236,  line     2. — For  "which  is  to-day,  under  the  stress  of   war,  reasserting 

itself"  read  "which  under  the  stress  of  war  reasserted 

itself." 

ii   284,  line  24. — For  "contributions"  read  "proportions." 
n  381,  line     i.— For  "who,  etc.,"  read  "  he  died  in  1709  and  she  in  1725." 
„   358,  line     9.— For  "Helen"  read  "Margaret." 
i,  373,  line  30.— For  "eldest  daughter"  read  "second  daughter." 


INDEX. 


Aberbrothock,  see  Arbroath 

Aberchirder  and  Banff  road,  385,  389,  390, 

391 

—  Boat  of,  370 

—  Fees,    wages  and  prices  in    (1703), 

242-244 

—  Parish,  418 

—  Valuation  roll  of,  271,  340,  353,  354 
Abercromhie  (Abercromby) 

-  of  Birkenhog.  yr.,  357 

—  Bishop  of  Aberdeen,  32,  64  ;  lands 

held  by,  93,  99,  100 ;  on  valua- 
tion roll,  277 

—  Colonel,  380 

-  General,  391 

—  Alexander,  Grand  Falconer  in  Scot- 

land to  Charles  I.,  9 

-  Sir  Alexander,  of  Birkenbog,  Com- 

missioner to  Parliament,  Sheriff 
of  Banffshire,  his  career,  9,  10, 
n,  15,  16,  19,  60;  120,  145,  146, 
147,  217,  221 

—  Alexander,  of  Brekinhills,  on  valu- 

ation roll,  276 

—  Alexander,  of  Glassaugh,  in,  121, 

123;  M.P.  for  Banffshire,  the 
first  Parliament  of  Great  Britain, 
123;  election  and  re-election  as 
Commissioner  of  the  Shire,  120, 
122,  127,  131,  et  sgJ,  135,  et  s%d, 
140 

—  Sir  Alexander,  of  Galcorse,  143,  144 

-  Alexander,  yr.,  of  Glassach,  149,  159 

—  Alexander,     of    Glassaugh,     Com- 

missioner, etc.,  232,  234,  238, 
240,  245,  251,  253,  257,  258,  259, 
280,  281,284,  286,287,  ji6,3l7, 
3i8,  327,330,  33',  334,  335,  337, 
338,  339,  340,  344,  345,  347,  35°, 
352,  353,  354,  355-  356,  357,  35s, 
359,  396;  lands  held  by,  116; 
letters  from,  quoted,  125 

—  Captain    Alexander,   of  Glassaugh, 

'39,  324,  341 

-  Captain   Alexander,   of  Glassaugh, 

M.P.  for  Banffshire,  Deputy 
Lieutenant,  303,  314 

—    ,  of  Skeith,  162 

—  Alexander,  of  Skeiih,  Commissioner 

of  Supply,  232,  238,  258,  261, 
264,  280,  281,  286,  290,  316,  317, 

318 

—  Alexander,  of  Torstoun,  on  valua- 

tion roll,  272 


Abercrombie,  Alexander,   of  Tulliebodie, 
10,  49,  208,  211  and  note 

•  George,  yr.,  of  Skeith,  143  ;  out  in 

the  Fifteen,  322 

—  George,    of    Skeith,    on    valuation 

roll,  271 

-  George,  of  Skeith  and  of  Tullibody, 

10 

James,  180;  lands  held  by,  115,  91; 
out  in  the  Fifteen,  138,  322 

•  Sir  James,  of  Birkenbog,  6,  10,  II, 

98,    IIO,   III,    113,    121,    132,    136, 

162,  187,  188,  189,  194,  200,  204, 
205,  214,  217,  225,  229,  233,  240, 
253,  258,  259,  261,  264,  268,  281, 
283,  290,  292,  301,  313,  329,  347, 
396  ;  Commissioner  of  the  Shire, 
87,  98 ;  claims  precedence  in 
suite  roll,  119;  on  valuation  roll, 
276 

James,  of  Glassaugh,  359,  361,  362, 
364,  365,  366,  408,  409 

John,  in  Achincleich,  weaver,  244 

Mr.  John,  of  Farskane,  9,  10 

Mr.  John,  of  Karskane,  and  of 
Glassaugh,  120 

Mr.  John,  of  Glashaugh  (Glassa), 
Justice  of  the  Peace,  60,  145,  146, 
149,  162 

Mr.  John,  F.lder  of  Glassach,   159 

Lords,  10 

-  Marie,  wife   of  Sir  George  Gordon 

of  Edinglussie,  10,  15 

-  General  Sir  Ralph,  10 

•  Sir  Robert,  of  Birkenbog,  359,  360, 

368,371,372,377,379,380,384, 
390,  39',  392,  415,  421 

—  Post  from  Banff  to,  226 
Aberdeen  Journal,  394 

Aberdeen  Universities,  Westminster  Con- 
fession imposed  upon  Professors, 

7» 
Aberlour,  Bridge  of,  351,  353 

—  Church  of,  12 

—  Gordons  of,  352 

—  Lands  and  barony  of,  12 
Abernethie,  yr.,  of  Corskie,  258,  259,  282, 

329,  369 

—  yr.,  of  Meyan,  362,  366 

Alexander,  of  Auchincleich  (Auch- 

inclech),  Justice  of  the  Peace,  22, 
60,  147  ;  lands  held  by,  24,  25 

—  and  Meyan  and  Quoir,  31 

—  Alexander,  in  Banff,  merchant,  414 


n  3 


426 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Abernethie,  Alexander,  of  Corskie,  259, 
261,  280,  281,  283,  412,  413,  414 

•  Alexander,  of  Meyan,  10 

•  George,  371 

-  George,  Baillie  of  Banff,  merchant, 

367,  396,  412,  413 
James,  of  Barrie,  constable,  227 
James,  in  Mayen,  412,  414 
James,  of  Mayen,  387,  392,  411 
James,  of   Schank    and    Barie,    on 

valuation  roll,  272 
John,  of  Corskie,  on  valuation  roll, 

272 
[ohn,of  Meyen,  Mayan,  64,65,  75, 

98,   111,   121,   126,  258,   259,  26l, 

280,  28l,  282,  292,  297,  298,  329, 

341,   345.   355.   357,    3«3.  3§4  : 
lands  held   by,  92,    115;    out  in 
the  '15,  322 
John,    ol     Tilicloiui,    on    valuation 

roll,  272 
Aboyne,  Earl  of,  Justice  of  the  Peace,  60, 

147 

Achinhamper,  on  valuation  roll,  273 
Achlunkart,    Laird    of,    on    valuation    roll, 

.273 

Achmadics,  Grants  of,  38 
Achorachan    and    Easter     Blairfindy,    on 

valuation  roll,  278 
Achoynonie,  Gordons  of,  354 

-  Grant  of,  354 
Achoynanie,  Laird  of,  409 
Achry,  see  Auchry 
Achyndachie,  Laird  of,  200 
Achynonie,  Laird  of,  132,  140 

Adam,  Alexander,  in   Fordyce  parish,  on 

valuation  roll,  276 
Alexander,  shoemaker,  237 
James,  in  Tillidoune,  weaver,  244 
Janet,  on  valuation  roll,  276 
John,  in  Achincleich,  weaver,  244 
John,  in  Cranno,  constable,  227 
John,  in  Elgin,  postmaster,  310 
John,  in  Monblettnn,  constable,  284 
Advie,  Grants  of,  262 
Agnew,  Lieutenant,  86 
Airlie,  Earl  of,  lands  owned  by,  in   1664, 
7,  63;    13,  49,  62,   65,   75,    93, 
147,  148,  149,  155,  156,  159,  162  ; 
on  valuation  roll,  274,  276 
James,  2nd  Earl  of,  25  ;  his  politics, 
78  ;    loss  of  his  lands,   79,  107  ; 
lands  held  by,  90 
Lord  ( Ogilvie),  5  ;    lodging  of, 

79,  107 

—     Ogilvie  of,  5 

Ale,  malt  and  aqua  vihc,  excise  on,  before 
ami  after  the  Revolution,  223 


Alexander,  James,  weaver,  237 
Allan,  George,  in  Turtrie,  constable,  228 
George,  in  Whyntie,  181 

—  William,  in  Muiralehouse,  brewer, 

256 

Altyre,  Lady  (Jean  Gordon),  43 
Alvach  Parish,  416 

•  valuation  roll  of,  276 
Anderson, ,  of  Westertoun,  147 

— ,  yr.  of  Westertoun,  72,  149, 
160  ;  estates  forfeited  for  treason- 
able words,  73 

— •,  Major,  of  Westertown,  Com- 
missioner of  Supply,  232 

—  Alexander,  soldier,  68 

-  Alexander,  of  Aradoull,  out  in  the 

'15,  322 

—  Alexander,  of   Newtoun,  325,  338, 

35°,  35",  408,412 
-    J.,  180 

James,  Mill  of  Tynet,  on   valuation 

roll,  271 
James,   of    Nether    Achinreth,    on 

valuation  roll,  271 
James,    of    Lochend,    on   valuation 

roll,  277 

James,  in  Troup,  shoemaker,  237 
James,  of   Westertown,  lands  held 

by,   73,   74i    148 ;    on   valuation 

roll,  273 
Janet,  wife  of   Mr.   John  Gregory, 

Minister  of  Drumoak,  23 
John,   Depute  Clerk  of  the   Privy 

Council,  177 

John,  of  Arbreak,  lands  held  by,  73 
John,   of   Mudhouse,   on    valuation 

roll,  279 
John,   of   Westertoune,   lands  held 

by,  100,  162 

Mr.  Patrick,  fiar  of  Ardbreak,  73 
Robert,  on  valuation  roll,  276 
Thomas,  in  Lichnett,  weaver,  237 

—  Thomas,  soldier,  68 

William,  in  Killtack  of  Kinermorie, 

419 
Andrew,    John,    letter    from,    to    George 

Syme,    anent     Lord     Findlater's 

arrears  of  cess,  159 
Angus,  Lord,  185 
Annandale,  William,  Earl  of,  108 
Anne,  Queen,  her  accession,  no,  231,  232; 

her  death,  134,  291 
Anstruther,  W.,  282 
Anton,  George,  servant,  248 

Isobel,  in  Rothemey,  242 
Aradoul,  Laird  of,  on  valuation  roll,  275 
Arbroath  (Aberbrothuck),  Abbey  of,  32, 

64,  93 


INDEX. 


427 


Arbuthnot,   Robert,  Chamberlain  to  Earl 
Marischal,  197 

—  Viscount  of,  85 
Ardalie,  see  Arndilly 

Ardmeallie  (Ardmellie,  Ardmelly),  Gordons 
of,  87,  287 

—  Laird  of,  58 

Argyle,  Duke  of,  129,  301,  310,  311,  312, 

313.  314 

—  Earl  of,  1 08 

—  Earl  of  (1689),  regiment  raised  liy, 

185 

—  Earl  of,  Archibald,  5th  Earl,  4 
Arnbath  (Arnebath),  Laird  of,  179 
Arndilly    (Ardalie,     Arindilly,     Arntilly). 

Grants  of,  38,  288,  354 

—  Laird  of,  179,  200, 
Arnot,  Major  George,  258 
Arradoul,  Gordons  of,  44 

Ashfield,    Colonel     R.,    letter    anent    the 

Guard  of  the  Shire,  142,  143 
Athole,  Duke  of,  109,  no,  123,  301 
Atholl,  Duke  of,  Murray,  John,  1st  Duke, 

38l 

—  John,  Lord  Murray,  Earl  of  Tulli- 

bardine,  102,  ami  note  103,  107 

—  Removed      from      office     as     Joint 

Secretary  of  State,  104 
Athol,  Earl  of,  John,  (1521),  34 
Auchincloich  (Auchenclech),  Abernethie 

of,  24 

Auchindoun,  Baron  Court  of,  39 
Auchingoul,  Laird  of,  351 
Auchintoul    (Auchentoull,    Auchintowell), 

—  Arrears  of  cess,  207,  209,  211;  287 

Bridge  on  Burn  of,  340,  341,  353, 
354,  361,  362 

—  Laird  of,  8 

—  Lord    (Alexander    Gordon),    lands 

held  by,  63,  75  ;  proceeded 
against  as  Roman  Catholic ; 
created  Lord  of  Session  by 
James  II.  ;  superseded  under 
William  III.,  87;  moves  that 
Barons  absent  from  the  Courts 
be  fined,  126  ;  his  death,  128 

—  Road  at  park  dykes  of,  383 
Auchmedden,  Bairds  of,  4,  5 

—  Laird  of,  22,  93,  197  ;  lands  of,  6 
•     Road  to  Nethermiln  of,  391 

Auchoynanie,  9 

Auchry  (Achry),  Cumines  of,  32,  33 

Auldearn,  Battle  of,  20 

Aven,  Bridge  of  (Kirkmichael),  365 

B.,  James,  of  Achorsk,  on  valuation  roll, 

273 
Baberton, too 


Bachlaw,    road    to,    from    Tipperty     and 

Wardend,  392 
Badenoch  (Badzenoch),  John,  243 

—  Badenoch,  William,  242 
Badievochell,  on  valuation  roll,  278 
Baillie  (Bailrie,   Bayllie),  William,  Cham- 
berlain  to  Laird  of  Grant,   162  ; 
letter    from,   to   Earl    Findlater, 
173,  and  note 

Baird,  Andrew,  of  Lavoracklaw,  Fifeshire, 
and  of  Auchmedden,  4 

•  Christian,  wife  of  George  Leslie  of 

Burdsbank,  6,  183 
Elizabeth,   wife  of   Sir  Alexander 

Abercrombie  of  Birkenbog,  to 
Elizabeth,    wife   of    (i)    Sir  James 

Abercrombie   of   Birkenbog,  and 

(2)  Patrick  Ogilvie,  6 

•  George,  II.  of  Auchmedden,  4 

•  George,      IV.      of      Auchmedden, 

Provost  of  Banff,  4 

•  George,  of  Corskie,  Banffshire,  4 

•  Gilbert,  III.  of  Auchmedden,  4 
James,  Commissary  of  the  Ecclesi- 
astical Court  of  Scotland,  4,  5 

James,  Edinburgh  lawyer,  4,  220 

—  James,   son  of  James,  yr.  of  Auch- 

meddan,  30 

James,  son  o(  Sir  James  of  Auch- 
medden, joint  Sheriff  Principal  of 
Banffshire,  6,  147  ;  his  commis- 
sion, 27-29  ;  death,  29 

James,  Secretary  to  Earl  of  Scafield, 
letters  from,  i/uoteii,  loS 

—  Sir    James,    V.     of    Auchmedden, 

Sheriff  Principal  of  Banffshire, 
commission  from  King  Charles 
II.,  1-3,  8,  51-53;  his  career,  5, 
7,  10,  31,  48,  55,  56,  58,  59,  65, 
65,  66,  72,  75.  90,  96,  146,  147, 
148,  154,  159,  162,  183 ;  lands 
held  by,  6,  91,  99;  Commissioner 
to  Parliament,  1665  and  1669, 
19,  20  ;  Justice  of  the  Peace,  60  ; 
his  death,  95  ;  letter  from,  to 
Earl  of  Kindlater,  150,  415 

James,  of  Chesterhall,  4 

Mr.  James,  of  Cullen,  W.S.,  letters 
from,  to  Earl  of  Findlater,  anent 
arrears  of  cess,  207-212,  213 

James,  of  Newbyth,  5 

—  Sir  James,  of  Pitgair,  on  valuation 

roll,  274 
-     Sir  John,  see  Newbyth,  Lord 

—  Lillias,  wife  of  Gilbert  Baird,  III. 

of  Auchmedden,  4 
Margaret,  on  valuation  roll,  274 

—  Robert,  of  Sauchtonhall,  5 


428 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Baird,  Walter,  of  Ordinhivas,  Fordyce,  4 
William,  of  Auchmedden,  126,  258; 

lands  held  by,  99 ;  historian,  4, 

and  not: 

Bairds  of  Posso,  Tweediiale,  4 
Balcarres,  Earl  of,  68 
Baldavie,  Laird  of,  7,  64,  65 
Ballandalloch,   Laird  of,    126,   1 88  ;  lands 

owned  by,  7,  63 

—  (Ballindalloch),     warrant    for    dis- 

arming papists  in,  89 
Bailie  Parish,  valuation  roll  of,  271 
Ballnoon,  Laird  of,  132 
Kalquhain,  Leslies  of,  34 
Balvenie,  Bridge  of,  366,  367,  368,  369 

-  Castle,  313,  316 
House,  364 
Inneses  of,  38 

-  Miltoun    of,    a    burgh    of    barony, 

213,  214 
Road  from,  to  Glenlivet,  351 

-  Sutherlands  of,  12,  13 

Banff,  Arms  delivered  up  in  1716,  323 

-  Sir  Alexander   Ogilvie,   7th    Lord, 

333,  334 

-  and  Alvah  Parish,  338 

—  Bailies  of,  Justices  of  the  Peace,  60 
Burgh  of,  a  county   town,   but  not 

seat  of  Sheriff  Court,  nor  of 
meetings  of  Commissioners,  55, 
1 80 

-  Castle  of,  36,  37 

-  Church  of,  Elder.-,  elected   in  1664, 

5" 

-  George  Ogilvie,  91,  143 

-  George  Ogilvie,  1st  Lord,  13 

-  George  Ogilvie,  2nd  Lord,  13,  14 

-  George  Ogilvie,  3rd  Lord,  14 

-  Geurge,  4th   Lord,   lands  held   by, 

128,  357 

—  House,  382 

Included  in  Elgin  Burghs,  123 

—  Imprisonment,    warrant    for  libera- 

tion, 85 
Lord,  5,  13,  48,  126,  146,  147,  148, 

265,   362,    384,    385,    392,    394; 

lands  held  by,  7,  13,  14,  63;   on 

valuation  roll,  274,  275,  276 
Masters  and   servants,   fees,   wages 

and  prices  in  1702,  236 
Parish  of,  418 
Parishes  included  in  district  of,  222 

—  Postal  service  to  Keith,  Edinburgh 

and  elsewhere,  222 ;  to  Aber- 
deen, 226 

Provost  of,  a  Justice  of  the  Peace, 
60;  186,  215,  340,  342,  344, 
346,  347,  349,  35',  352.  353, 
354,  355,  364,  388.  407 


Banff,  Reads  to,  339,  340,  341,  352,  353, 

357,  359,  369,  372,  378,  379,  38°> 
383,  385,  387,  389,  390,  392,  394 
Stent  payable  to,  230 

—  Town  Council  Minutes,  quoted,  89 
Banffshire,    Condition    of  the     county   in 

1715,  3°9,  3«2,  3'3 

—  Disarming  of,  in  1716,  323 
Divisions  of  the  shire  for  collection 

of  poll  tax,  200,  217 
Earliest  records  of,  I,  57 
Election  of  Commissioner,  71 

—  Land  tax,  annual  amount  after  the 

Union,  274 

—  Main  line  of  roads,  380 

Militia  levy  apportioned  on,  in  1663, 
184 

—  Parishes,  and  overseers  of  roads  in 

each  parish,  338 
Representation   of,    in    Parliament, 

'23 

Bankhead,  Ogilvie  of,  33,  34 
Bannerman,    George,    solicitor      to      His 

Majesty,  156  and  note 
Banoon,  Laird  of,  58 

Barber,  Alexander,  in  Pitguir,  weaver,  237 
Barclay  (Barkley),    Alexander,  in  Murie- 

Iiill,  weaver,  237 
Elizabeth,  of  Towie,   wife  of  John 

Gordon  of  Rothiemay,  101 
Patrick,  of  Towie,  101,  126 
•    de  Tolly,  102 

Bargany,  Lord,  regiment  raised  by,  185 
Barley  and  bear,  market  prices  of  (1696-7), 

189 
Barons  of  Banfishire,  6,  78 

Fines  for  absence  from  Courts,  65 

Meaning  of  term,  I 

Protest  against  attendance  on  Lords 

of  Justiciary,  127 
Barrine,  John,  in  Ternemnie,  243 
Barron,  James,  in  Tillifafe,  227,  249 
Bartlet,  James,  of  Afforsk,  379,  388 
Basken,  Alexander,  218,  219 

—  (Baskcin),  Captain  James,  Collector 

of  the  Shire,  143,  179,  199,  211, 
217,   218,    219;  letters  from,   to 
Earl  of  Findlater,  166,  177,  178, 
190,  191,  200,  204,  212,  213 
Bavaria,  Prince  of,  Ferdinand,  his  death, 

106,  109 

Bayly,  Alexander,  on  valuation  roll,  275 
Beattie,  Bryan,  Collector  of  Excise,  403 
Beggars,  see  vagabonds,  beggars  and  sorners 
Beidie,  William,  in  Claymyres,  244 
Beldornie,  Gordons  of,  24 
Laird  of,  64,  126 

—  Lands  of,  Highlanders  settled  on, 

17,  19,  27 


INDEX. 


429 


Bellie,  Bridge  of,  379 

—  Parish,  338,  418 

—  Schoolmaster  of,  398-400 
Bellindalloch,  see  Ballandalloch 
Bennett,  Janet,  in  Muirehill,  248 
Birdsbank,  see  Burdsbank 
Birkenbog,  Abercrombies  of,  9 

—  Laird  of,   147,   179,   186,  200,  208, 

211,  212  ;  lands  held  by,  63 
Bishops'  lands,  former  vassals  of,  added  to 

the  suite  roll,  97 
Bisset,  Alexander,  338 

—  Ann,    wife   of    Patrick    Gordon    of 

Ardmeallie,  376 

Robert,  of  Lessendrum,  376,  377 
Black,  William,  letter  from,  to  Sir  James 

Ogilvie,  167-169 
William,    in    Whytestaines,    taylor, 

237 

Blackhills  (Blackhils),  Laird  of,  100 
Blacktown,  bridge  on  Burn  of,  362,  371 

-  and  Banff  road,  392,  394 

—  and  Cullen  road,  380 

-  and  Cranna  road,  391 
Blackwater  bridge,  343,  344,  351,  378 
Blaickett,  Alexander,  in  Deyhill,  constable, 

229 

Blair,  Laird  of,  76 
Blake,  William,  tutor  to  Lord   Deskford, 

33' 

Blantyre,  Lord,  regiment  raised  by,  185 
Blenchel,    Robert,    notary   public,    Keith, 

324,  32S 

Bog  of  flight,  10 
Bognie  (Boigny),   Laird  of,  55,  58,  64,  65. 

75,  126,  347 
Boharme  (Boharin)  Chaplainry  of.  12 

—  Parish,  valuation  roll  of,  273,  338, 

390,  392,  418 
Bond  of  Association  of  Jacobites,  text  and 

signatories,  88 
Borlum  Castle,  313 
Botriphnie  (Botrifine),  12,  391,  392 
Parish,  418 

—  Valuation  roll  and  feu-duties  of,  273 
Bottimer,  adviser  to  King  George  I.,  303 

—  Letter  from,  to  Earl  of   Fimllater, 

3°4 

Boyes,  Mr.,  287 
Boyndie  and  Banff  road,  383 

Bridge,  340,  347,  357,  365 

—  and  Cullen  and  Fachobers  road,  385 

—  Parish,  418 

—  Valuation  roll  of,  272,  338 

Boyne  (Boynd),  Bridge  of,  353,  356,  357, 

359,  3°i,  365 

—  Laird  of,  Justice  of  the  Peace,  60, 

65,  147,  162 


Boyne  Castle,  order  to  Garrison,  313,  314, 

319 
Lands  of,  7,  21,  22 

—  Lord  (Sir   Patrick  Ogilvie),   5,  65, 

69,  7i.  75,   '54-   15°,  i?9,   188, 

191,   194,   196,   198,   199,  200,  203, 

204,  205,  217,  218,  219,  233, 
234,  238,  239,  240,  251,  253, 
257,  258,  259,  261,  263,  264, 

265,  268,  281,  282,  283,  415  ; 
Commissioner  to  Parliament  of 
1669,  20;  Lt.-Col.  of  BaniTshire 
Militia,  21  ;  Judge  of  Court  of 
Session,  21  ;  lands  owned  by,  21, 
22  ;  election  as  Commissioner, 
71-73;  superseded,  87;  letters 
from,  to  Earl  of  Findlater,  195, 
265  ;  arrears  of  cess,  207,  209, 
211  ;  on  valuation  roll,  272,  274, 
276 

-  Ogilvie  of,  5 

-  "  Young, "  Jacobite  efforts,  164 
Boynsmill,  Bridge  of,  352 

Braco,  see  Bracco 
Bracco,  Duff  of,  49 

Laird  of,   132,   140,  179,  188,  200, 

208,  211,  212 
Brackie,  Alexander,  13 

James,  13 

—  John,  on  valuation  roll,  275 
Hraemar,  Jacobite  feeling  in,  88 

-  Road     from,     to     Grantown,     via 

Tomintoul,  383 

Braes  of  Mar,  Battle  of,  129,  137 
Hrechan  Castle,  313 
Brandy  running,  404;  measure  tu  prevent, 

406 

Urannes,  Walter,  Baillie  of  Cullen,  324 
Breagachie  and  Letervandish,  on  valuation 

roll,  279 

Brebner,  George,  postman,  398 
Brechin,   Rendezvous  of  Northern  Militia, 

67 
Brewers,  collecting  excise   tax  from,   163, 

'75 

Entries   made  by,    254-256  ;    com- 
plaints against,  257 

—  Entries  and  Renunciations,  260 

-  Monthly  Returns  of  Manufacture  and 

Sale,    217  ;    and    Tacksman    of 

Excise,  220 

Bridges,  see  title  Roads  and  Bridges 
Brodie,  Alexander,  403 

—  David,  of  Lethin,  lands  held  by,  92 

—  John  in  Brydock,  227,  249 

—  Katherine,   wife  of  Alexander  Gor- 

don of  Glengaroch,  43 
Brown,  Alexander,  recruit,  402 


430 


RECORDS    OF   THE    COUNTY   OF    BANFF. 


Browne,  Donald,  reiver,  104 

Elizabeth,  251 

Patrick  or  Peter,  Highland  reiver, 

104,  105 
Bruce,  footman,  301 

-  Sir  Alexander,  of  Broomhall,  170 
Buchan, ,  Colonel,  315 

— ,  General,  260 

Earl  of,  4,  93  ;  lands  owned   by,  in 
1664,  7,  6,  3  ;  on  valuation   roll, 

274,  276 

James,    Sheriff-Principal    of    BnnfT- 
shire,  1,2;   lands  held  by,  91 

—  Colonel  John,  65,  164 

Mr.  John,  Agent  of  Convention  of 
Royal  Burghs,  195  and  note  196 

Major-General  Thomas,  75 

William,  his  politics;  death  in  Stir- 
ling    Castle,     79  ;      warrant     for 
transporting   from    Edinburgh    to 
Stirling,  82 
Buckie  Bridge,  347,  367,  368,  370 

Burn,  389 

-  (Buckye),  Laird  of,  64,  75 
Buntein,  Major  Hugh,  of  Kilbryde,  160 
Burghs  of  Barony  in  Bnnffshire,  list  of,  213  ; 

communication  of  trade,  214  et  scq. 
Burdsbank,  Laird  of,  179 

-  (Birdsbank),  Leslies  of,  180-184 
Burges,  Charles,  in  Clashdore,  420 
Burnend  (Forglen),  Bridge,  361 

Mill  of,  on  valuation  roll,  275 
Burnet,  Janet,  in  Creihvcll,  251 

Jessie,   wife  of  Mr.   Alexander  Ker 

of  Knock,  45 

Burnett,  Marion,  in  Ruthven,  242 
Burnside  Bridge,  340 
Byng,  Admiral  Sir  George,  124,  301 

Cairnfield  Bridge,  374 

Cairntown,  Lands  of,  10 

Callander,   Earl  of,  Alexander,   3rd   Earl, 

239 

Campbell, ,   wife  of  Peter  Garden  of 

Troup,  375 

-  Lieut.  Colin,   188 

-  Colin,  of  Moncoffer,  43 

—  James,  of  Kerenach,  257 

Jean,  wife  of  Colonel  John  Innes  of 
Lichnet,  46 

—  John,  of  Friattown  and  of  Dalney, 

Sheriff-Depute,  53,  58,  90,  147 
Campclelmore  (Campdale)  Bridge,  365,  366 

Cannon,  Colonel ,  75*  7°i  79 

Cardross,  Lord,  regiment  raised  by,  185 
Carmichael,  Helen,  wife  of  Mr.  Jas.  Leslie 

of  Tullich,  37 

Lord,  see  Hyndford,  Earl  of 
Carnousie,  Burgh  of  Barony,  213,  214 


Carnousie  Bridge  at  Burnend  of,  356 

Laird  of,  8,  132 
Carny,  379 
Carron,  Laird  of,  132 
Carstares,  William,  Presbyterian  Chaplain 

to  King  William  III.,  102,  333 
Castlelield,  Dunbars  of,  294,  295 
Cathcart,  Colonel,  352 
Cazie,  William,  Reidhill,  244 
Cess,  Amount  of,  in  1745,  415 

•  Arrears  of,    case   of  Judges  of  the 

Court  of  Session,  207 

•  Arrears  for  1714-16,  325,  327 

—  Collector  of,  see  Collector 

Part  of,  spent  on  establishing  a  postal 
service,  222 

-  Quartering  on  the  Shire,  240 
Chalmers    (Chalmer),    Mr.    Alexander    of 

Clunie,  Minister  at  Marnoch,  340, 
341,  342,  344,  369,  370,  377,  412, 

4'3.  414 

-  George,  249,  250,  251 
James,  of  Belnellan,  369 
John,  mason,  368 
William,  in  Findon,  224,  225 

Charles  II.,  King,  Commission  granted  by, 
to  Sir  Jas.  Baird,  Sheriff- Principal 
of  Banffshire,  1-3 

Charles  V.,  King  of  Spain,  109 

Charters,  production  of,  131 

Cheine,  John,  244 

Chessor,  George,  in  Banff,  93 

Chesterhall,  Bairds  of,  4 

Christie  (Chrysty,  Crystie),  David,  in  Aucli- 

milly,  397 
John,  in  Kairnehill,  243 

—  William,  lands  held  by,  92 
Chrystie,  John,  Writer  in  Edinburgh,  Tacks- 
man  of  F.xcise,  257 

—  John,  on  valuation  roll,  279 
Churchill,  General,  384 

—  John,  see  Marlborough,  Duke  of 
Clackmannan,  representation  in  Parliament, 

'9 
Clerk,  John,  in  Findon,  237 

—  William,  in  Minonie,  237 
Cochran,  Hugh,  225 

—  William,  of  Ferguslie,  222,  225 
Cochrane,  Sir  John,  of  Ochiltree,  farmer  of 

the  Poll  Tax,  202 
Cock,  George,  servant,  236 
Helen,  243 

—  James,   Claim  on,    for    arrears    of 

quartering,  167 

—  James,    Collector,    Town    Clerk    of 

Banff,  58,  135,  194,  213,  224,  349; 
letters  from,  to  Earl  Findlater 
anent  soldiers  quartered  on  the 
county,  162,  163,  164,  165,  349 


INDEX. 


Cock,  James,  of  Cranoch,  on  valuation  roll, 
270 

Cockburn,  Adam,  of  Ormistoun,  Lord 
Justice  Clerk,  letter  from,  anent 
Banffshire  Jacobites,  322. 

—  John,  282 

Cocklearachie,  Gordons  of,  87 
Coldhome,  Laird  of,  on  valuation  roll,  275 
Collector  of  Cess,  salary  and  appointment, 

239,  284 

Colleonard  (Colleynward,  Collynvart,  Cul- 
lynwart,  Culynwart),  joass  of,  41 
Laird  of,  179,  186 

•  Nursery  garden  at,  382 
Collie,  Janet,  in  Fortrie,  251 
Collier  (Coalier),  Lt. -General,  402 

—  Colonel  Walter,  187 
Collynwart,  see  Colleonard 

Colt,  Sir  Robert,  Solicitor,  156,  ami  note 
Commission  of  the  Peace,  1716,  324 

-  Commission  of  the  Peace,  1706,  last 

in  Scots  style,  283 

Commissioners  of  Excise,  144,  s</.  ;  action 
against,  by  the  Lairds  of  Brucco 
and  Birkenbog,  264,  265,  266, 
268  ;  Cess  to  meet  cost  of  action, 
266,  280 ;  superseded  by  Com- 
missioners of  Supply,  266,  .(</. 

Commissioners  of  Supply,  146,  el  sqq.,  197; 
responsibility  for  management  of 
roads,  151  ;  Minute  book  (1696), 
178;  list  of  (1702),  232;  absent 
Commissioners  fined,  245 ;  pro- 
perty qualification  of  ex-ofhcio 
nominations,  397  ;  contested  elec- 
tion of  Chairman,  41 1-414 

Commissioners  of  the  Shire,  qualifications 
and  election,  19  :  payment,  24  ; 
abolition  of  payment,  47,  48,  58  ; 
system  of  Representation  under 
Act  of  1681,  54  ;  appointed  1704, 
258 

Commissioners  to  Scots  Parliament,  number 
sent  from  BanfTshire,  70 

Con,  Elizabeth,  yr.,  251 

Constable,  Peter,  365 

Constables,  Executive  Officers  of.  Justices  of 
the  Peace,  227  ;  list  of,  in  1702, 
227 

Convener  of  the  County,  holders  of  the 
office,  414,  415 

Cook,  George,  in  Moss-syde  of  Rothemay, 

243 

Cope,  Sir  John,  defeat  at  Prestonpans,  416 
Corgaff,  road  from,  to  the  Spey,  365 
Corrichie,  battle  of  (1562),  4 
Corskie,  road  at  Burn  of,  383 
County  Government  during  the  Revolution, 

75 


431 

Couper  (Cooper)  Abbey  of,  32,  64,  93 
Coupland,  Mr.,  338 

-  James,  brewer,  in  Culbuichley,  255 
John,  in  Park,  constable,  409 

Cow,  George,  in  Altown  of  Carnowsie,  227, 
275 

-  John,  postman,  398,  402 
Craib, ,  45 

-  Andrew,  45 
Isobel,  243 

—  John,  in  Rothiemay,  244 
Craig,  William,  in  Maynes,  244 
Craigstcm   (Craigstonne),    Laird   of,    lands 

owned  by,  8 
Lyon  of,  17 

Cramond,  Dr.,  of  Cullen,  142 
Cranna  and  Blacktown  Road,  391 
Crannach,  Road  of  Hill  of,  385,  386,  387, 

389 

Crauford,  Earl  of,  85 
Craufurd,  Earl  of,  President  of  the  Council, 

263 
Crichton,  George,  of  Achingoull,  on  valua- 

ation  roll,  272 

—  Magdalen,  wife  of  Alexander  Stawart 

of  Lesmurdie,  26 

—  Mary,  of  Frenclraught,  wife  of  Pat 

rick,  Lord  Eliphant,  87 
Crichtons  of  Frendraught,  23 
Cromarty,  Earl  of,  282 

—  George,  Earl  of  (Viscount  Tarbat), 

Joinl  Secretary  of  State,  58,  117 

-  (Cromartie),  Laird  of,  13 
Urquharts  of,  15,  16 

Crombic,    Bridge  of,    350 ;    road   from,   to 

Culvie,  358 
Laird  of,  7,  64,  65 

Cromdale,  bank- of  (1690),  75,  260,  263 
Crookshank,  see  Cruickshank 
Cruickshank,  Alexander  of  Balnoon,  lands 
owned  by,  23,  121,  122,  126,  292, 

340,  347,  35' 

—  David,  55 

David,  of  Balnoon,  22,  23,  64,  65, 
75,  93,  in,  113;   lands  held  by, 

92,  "5 

David,  of  Balnoon  and  Kirktown, 
on  valuation  roll,  272 

-  James,  377,  394 
William,  in  Doune,  255 

Crystie,  see  Christie 
Cullen,  Arms  delivered  up  in  1716,  323 
Bridge,  347,  350,  353,  356 

-  Charter  chest,  291 

-  Cost  of  Newsletter,  preparations  for 

Civil  War,  70 

-  Court  Books,  294 

-  Dispute  with  Banff  as  to  jurisdiction, 

94 


432 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Cullen,  Election  of  Commissioner,  70 

Enactment  against  vagrants,  deaths 

through  famine,  193,  205,  212,  217 
Flax  growing  and  linen  manufacture 

at,  382,  406 

•  Harbour  repairs,  letter  anent  to  Sir 

James  Ogilvie,  94,  119 
House,  124,  180,  294,  299,  382 
Included  in  Elgin  Burghs,  123 
Lord,  (Sir  Francis  Grant  of  Bellin- 

tomb),  375 
Lord,  (Sir  Francis  Grant  of  Ouallen) 

13° 

—  Meetings  hfld  at,  instead  of  at  Banff, 

•  No  Provost  could  be  elected,  412 

55,  1 80 

•  Old    Mill   of,    dispute   between    its 

owner     and     the     heritors     and 

brewers,  181,  182,  189 
Parishes  included  in  district  of,  222, 

418 
Roads  to  Banff,  340,  357,  359,  369, 

372;  to  Blacktown,  380;  to  the 

Coast,   386;  to  Rannes,  388;    in 

Foch.ibers,  389,  390 
Royal  Burgh,  215,  216 

•  Seafield,  Charter  room  at,  149 

•  Soldiers  sent  to  join  Northern  Militia 

in  1688,  their  equipment,  68 
Culloden,  Battle  of,  373,  378 

•  Laird  of,  312 

Culphin  (Culphine),  road  from,  to  Nevvtoun 

of  Park,  345  ;  bridge  near,  351 
Culvie,  rond  from,  to  Crombie,  358 
Culynvart  (Culynwart),  see  Colleonard 
Cumberland,  Duke  of  (William  Augustus), 

130 

Cumen,  see  Gumming 
Cumine,  see  Gumming 
Cuminestown,  Village,  33 
Gumming  (Cumen,  Cumine,  Cuming) 

Guming, ,  Mr.,  156 

— ,  of  Bythstoun,  on  valuation 

roll,  276 
Gumming,  George,  Provost  of  Elgin,  lands 

held  by,  32,  33,  64 

—  John,  soldier,  68 

•  Sir  Richard,  of  Altyre,  33 
Robert,  in  Raws  of  Banff,  constable, 

409 

—  Robert,   of  Reicleiteich,   253,   282, 

338,  and  note  344 
Cuming,  Robert,  factor,  384 

—  William,  of  Achry,  lands  held  by, 

92  ;  32,  33 

Cuningham,  John,  29,  53 

Cuthbert,  John  of  Brackinhills,  Comm.  of 
Supply,  232,  238,  241,  245,  251, 
252,  254,  257,  258,  259 


Cuye,  James,  in  Muire,  244 

Daeson,  Margaret,  in  Rothnedie,  243 
Dalgarno,  Alexander,  brewer,  257 
—     Sarah,  brewer,  258 

William,  of  Blackwater,  145 
Dalkeith,  Scottish  Convention  at,  5 
Dalrymple,  Hugh,  Lord  President,  106 

•  Sir  James,  President  of  the  Court  of 

Session,  87 

Sir  John,  Master  of  Stair,  letter  from, 
to  Sir  James  Ogilvie,  94  ;  demits 
office  as  Joint  Secretary  of  State, 

IO2 

Dalvey  (later  Dunlugas),  Grants  of,  262 

Darien  Company,  "Act  for  a  company  trad- 
ing to  Africa  and  the  Indies,"  102  ; 
English  opposition  to,  103  ; 
opposing  policies  of  English  and 
Scottish  Parliaments,  104  ;  failure 
of  expeditions,  abandonment  of 
scheme,  106 ;  addresses  to  the 
King  thereanent,  107  ;  effect  of 
Darien  affair  on  the  Union,  107, 
108 

Davidson,  John,  brewer,  225 

John,  Mill  of  Powie,  constable,  409 

Davie,  Walter,  brewer,  225 

Deacons  of  Crafts,  appointment  of,  in  each 
parish  recommended,  231 ;  carried 
out,  232 

Dearth  of  1740-41,  411 

Dell,  on  valuation  roll,  278 

Dellay,  Grants  of,  262 

Denhigas,  see  Dunlugus 

Deskford  (Deskfoord)  Bridge,  347 

James  Ogilvie  (1689-1764),  Vice- 
Admiral  of  Scotland,  108  ;  educa- 
tion at  Aberdeen  and  at  Utrecht, 
332  ;  political  career,  332 ;  his 
arrest  and  pretext  for,  302,  303  ; 
correspondence  anent,  with  Wm. 
Lorimer,  303,  306,  307,  318 
James  Ogilvie  (1716-1770),  Chan- 
cellor of  King'sCollege,  Aberdeen, 
his  career,  promotionof  agriculture 
and  manufactures,  381,  382,  406 
Kirk,  344 

•  Lady,  quoted,  296 

Lord,  125,  137 ;  lands  held  by, 
138,  143,  154,  286,  290,  292,  299, 

320,  324,  325.  327,  329,  33°.  334, 
335,  380,  384,  385,  386,  387,  389, 

39i.  392,  393,  395,  397,  <M5 
Parish,  418 
Parish,  valuation  roll  of,  271,  338 

•  Sir  Walter  Ogilvie,  1st  Lord  Desk- 

ford,  II,  108  ;  conveys Burdsbank 
to  George  Leslie,  182 


INDEX. 


Deveron  (Diworn)  River,  salmon  fishing  in, 

60.  61,  378,  379 
Dick,  Sergeant,  240 
Dockar,  Patrick,  Baillie  of  Banff,  388 
Don,  Bridge  of,  on  valuation  roll,  280 
Donald,  Alexander,  brewer,  255 

—  Andrew,  in  Clintertie,  237 
Donaldson,  Alexander  of  Kinnairdy,  387, 

3*9 

—  John,  factor  to  Gordon  of  Carnousie, 

219 

—  John,    writer,    in    Banff,    Clerk    of 

Supply,  99,  178,  190,  191,  192, 
197,  204,  217,  218,  224,  239,  259, 
268,  296;  letters  from,  to  Earl 
of  Findlater  (3rd  Earl),  191,  198 
John,  writer,  in  Turriff,  311 

—  Thomas,  of  Kinairdie,  121,  122,  132, 

136,  140,  258,  259,  292,  298,  316, 
318,  320,  324,  325,  327,  329,  330, 
332,  337,  338,  339,  340,  34i,  342, 
343,  344.  349,  35',  35°,  357,  4°9 

—  William,  of  Kinnairdie,  377 
William,  of  Netherdale,  409 

Douglas, ,  of  Cavers,  318,  325 

Dr.  Alexander,  of  Dounies,  Provost 
of  Banff,  35,  note  73 

—  Mr.  Alexander,  of  Downies,  Sheriff, 

143,  '45 

—  Christian,  wife  of  Walter  Leslie  of 

Tullich,  35  and  note,  36 

•  Isobel,  wife  of  James  Anderson  of 

Westerton,  73,  74 
Downe,   Burgh  of  Barony,  213  ;   payment 

to  tax  roll  of  Koyal  Burghs,  215 
Dounies,  on  valuation  roll,  273 
Drachlie,  on  valuation  roll,  272 
Drum  Bridge,  356 
Drummond, ,  Captain  of  the  "  Speedy 

Return  "  of  the  African  Company, 

his  murder,  118 

—  Marie,  see  Marischal,  Countess 
Pat,  1 8 

Drummuir  (Drumuir,  Drumuyr),  Duffs  of, 

73 

•  Laird  of,  on  valuation  roll,  273 

Drumnakeyth,  Ogilvie  of,  11 

Duff,  ,  of  Bracco,  298,  311,  313 

— ,  yr.,  of  Hat  ton,  380 

-  A.,  280 

Adam,  of  Clunybeg,  38,  49,  298 

-  Adam   of  Drumuir  (Drumuyr),   35, 

40,  148 

—  Alexander,  lands  held  by,  32 

—  Hon.  Alexander,  388 

—  Alexander,  of  Balihack,  on  valuation 

roll,  273 


Duff, 


433 

Alexander,  of  Bracco,  10,  39,  41, 
43.  64,  74,  75,  "I,  138,  147,  149, 
160,  162,  196,  204,  214,  217,  258, 
260,  264,  268,  289,  290,  325,  335, 
337;  lands  held  by,  49-51.  100, 
115;  Commissioner  of  the  Shire, 
71  et  sff.,  99,  \\attsqq.  ;  pur- 
chases the  lands  of  the  Earl  or 
Airlie,  107;  his  death,  121,  122; 
on  valuation  roll,  277,  279,  280 

Alexander,  of  Bracco  and  Balvenie 
69 

Alexander,  of  Drumuir,  162,  258 

Alexander,  of  1  latton,  352,377,  387, 
388,  410,  412,  413 

Alexander,  of  Keithmore,  38,  49, 
98,  149,  162,  320,  350  ;  lands 
held  by,  39,  64,  92 ;  follows 
William  of  Orange,  69 

Alexander,  yr.,  of  Keithmore,  40 

Alexander,  of  Letach,  39,  40 

Alexander,  of  Succoth,  40 

Archibald,  of  Drummuir,  391 

George,  of  Edendiach,  289 

Helen,  wife  of  William  Gordon  of 
Farskane,  49,  325 

House,  49 

Hon.  James,  of  Braco,  388 

James,  of  Corsindee,  389,  392 

James,  of  Crombie,  Commissioner  of 
Supply,  in  ;  lands  held  by,  115, 
121,  232,  240,  245,  251,  253,  257, 
259,  280,  281,  283,  286,  344,  350, 
352  and  note,  360,  377,  409 

James,  in  Banff,  Baillie,  412,  413, 
414 

James,  in  Banff,  Town  Clerk,  Pro- 
curator Fiscal,  408 

Lady  Janet,  wife  of  Sir  Win.  Gordon 
of  Park,  373 

Jean,  wife  of  Mr.  George  Meldrum, 
Laird  of  Crombie,  Marnoch,  39, 

41 

John,  of  Drumblair,  387 
John,  of  Muklavit,  30 
Margaret,  wife  of  Charles  Gordon  of 

Glengerack,  43,  49,  50,  357,  358, 

called  "  Helen,"  358 
Margaret,  wife  of  George  Geddes, 

49  note 
Margaret,  wife  of  James  Stuart  of 

Achorachan  and  Lesmurdie,   39, 

40 
Mary,  wife  of  Alexander  Abercrom- 

bie  of  Tullibody,  10,  49 
Mary,  wife  of  (i)  Dr.  Andrew  Fraser 

(2)  Thomas  Tulloch  ofTannachy, 

39 


434 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Duff,  Mary,  wife  of  Patrick  (Peter)  Gordon 

of  Arclmeallie,  352,  377 
Patrick,  280 

•  Patrick,  chamberlain  to  the  Duke  of 

Gordon,   162 

Patrick,  of  Castletoun,  217,  219 
Patrick,  of  Craigston,  39,  41,  320 
Patrick,  of  Premnay  and  of  Culler, 

Clerk  of  Supply,  320,  325,  327 
Patrick  (Peter),   of  Whitehill,  369, 

37',  388 

—     Robert,  in  Hillockhead,  297,  298 
Mr.  Robert,  minister,  of  Aberlour. 

351-  352 
Thomas,  Clerk  of  Supply,  297,  298, 

319,  320,  321 
William,   Baron   Braco,   buys  lands 

and   barony  of  Glengerack,  358  ; 

raised  to  Irish  peerage,   360,  384. 

385,  388,  395,  404,  407.  408,  409, 

410,  411,  413,  415 
William,    of   Bracco,   49,    126,   289, 

325>  342,  344,  345.  346,  347,  349, 

351,  352,  353,354,355,35f',357, 

358,  3°i,  362,  3^4,  366,  369,  37°, 

373,  377,  380,  383,  401,  410 
\\iiliam,  of  Crombie,  350,  377 
William,  of  Dipple,  39,  41,  50 
William,  of  Tulloch,  338,  339,  340, 

34? 

William,  Provost  of  Inverness,  350 
William,  of  Whitehill,  358,  360,  362, 

364,  366 

Duffton  (Duftone),  John,  in  Turtrie,  250 
Duffus,  John,  Baillie,  377 

Lord,  Alexander  (1665),  13 
Lords,  12 
Dunbar  (Dumbar), ,  of  Durnc,  119 

•  Alexander,  of  Boig  (Bog),  290,  292, 

297,  298,  362,  364 

•  Archibald,  of  Newton,  238 

Mr.  Archibald,  of  Thundertown,  239 

•  Archibald,  of  Tillienaught,  338  and 

note,  340,  350,  351,  352,  353,  354, 

357,  359,  3^o,  3°' 

—  Case  against  Commissioners,  289 

—  Mr.    George,    of  Castlefield,    Com- 

missioner to  Parliament  from 
Cullen,  294,  295 

—  James,  of  Durne,  214 

•  James,  yr.,  of  Durne,  1 19,  121,  122, 

205,  217,  225,  229,  238,  240,  245, 
253,  257,  258,  259,  261,  264,  280, 
281,  282,  283,  290,  292,  346 

—  Sir  James,  of  Durne,  132,  136,  out 

in  The  Fifteen,  138;  301,  338, 
340,  342,  344,  345,  346,  347,  353, 
356,  359,  36°,  36i,  396 


Dunbar,  James,  of  Inchbrook,  295 

—  John,  of  Kirkhill,  Commissioner  of 
Supply,  232,  234,  238,  240,  245, 
252,  253,  254,  281,  345 

Katherine,  of  Grange  and  Burgle, 
wife  of  James  Hay  of  Rannas,  30 

Nicolas,  of  Castlefield,  Sheriff- 
Depute  of  Banff,  95,  98,  99,  101, 
102,  no,  121,  124,  126,  130,  131, 
132,  134,  187,  188,  203,  204,  205 
and  note,  214,  217,  218,  219,  220, 
221,  222,  224,  225,  229,  233,  238, 
240,  245,  251,  252,  253,  258,  259, 
261,  264,  265,  281,  282,  283,  284, 
285,  286,  289,  290,  292,  293,  296. 
297>  329 ;  letters  from,  to  Karl 
of  Finrllater,  197,  239  ;  appointed 
Collector,  197,  199,  239,  259 ; 
"unlawed  for  contumacy,"  294  ; 
his  pedigree  and  his  career,  294, 

295 

Session  Clerk  of  Llgin,  74 
William,  208 

William,  yr.,  of  Castlefield,  226 
William,  of  Durne,   162,   264,  266, 

359 

William,  yr.,  of  Durne,    194,    197, 

198,  199,  200,  203,  204,  220,  221 

•     Sir  William,  of  Durne,    119,    194, 

200,  203,  205,  218,  219,  225,  229, 

362,  372,  411,  413,  414 

William,  of  Dykeside,  287,  288,  295, 

329 

Dunbarton's  Regiment,  155 
Dundee,  Viscount  (John  Graham  of  Claver- 

house).  appointed  Cornmancler-in- 

Chief  by  James  II.,  68,  75,  76,  78, 

79,  88,    160,    161  ;    his   raid   on 

Perth,  262 
Dunlop,  James,  receiver  of  cess,  162,  207, 

208,  209,  210,  212 
Dunlugus  (Denlugus),  laird  of,  65,  75,  126, 

132,  199,  200 
Durham,  Janet,  brewer,  258 

Janet,   wife   of  William    Chalmers, 

224,  225 
Durn   (Durne),  Burn  and  Bridge  of,  340, 

344,  372 
Laird  of,  186 

Easter  Elchies,  Grants  of,  260 

Edenvellie,  on  valuation  roll,  279 

Edinburgh  Castle,  78,  79 

Edingeith,  Innes  of,  38,  45 

Edinglassie,  Gordons  of,  15;  their  Orange 

sympathies,  88,  101 
Laird  of,  lands  held  by,  63 
Newton  of,  burgh  of  barony,  213,  214 


INDEX. 


435 


Egyptians,  sorners,  and  vagabonds,  decrees 
against,  claim  of  town  of  Banff  for 
recompense  for  guarding,  218,  219 
220,  254 

Ekenway,  on  valuation  roll,  273 

Elchies,  Lord  (Patrick  Grant),  260 

Elder,  James,  Banff,  418,  420 

Elder,  Patrick,  242 

Elgin,  postal  communication  with  Banff, 
310 

Elgin  Burghs,  123 

Eliot,  Gilbert,  282 

Ellis  (Elies,  Elleis),  John,  242;  on  valuation 

roll,  271 
Robert,  brewer,  258 

Elphinstone,  Lord,  16 

Emslie,  J.,  quarrier,  347 

Entail,  Act  of,  1685  (Sir  George  Mac- 
kenzie's), 20 

Enzie,  The,  368 

Erchless  Castle,  313, 

Errol,   Earl  of,   21  ;    lands    held    by,    63  ; 
his   regiment   of  militia,   65,  66. 
67,  69;   his  politics,  78,  126,  187 
John,  lands  held  by,  90 

Erskine, ,  Colonel,  264 

—  Captain   John,    Lieut. -Governor    of 

Stirling  Castle,  82 
Excise,  Commissioners  of,  144  .,,/. 

—  Malt,  ale,  and  aqua  vitie,  duties  on, 

before  and  after  the  Revolution, 
223 

—  Tax  from  brewers,  163 

Famine,  deaths  from,  203  ;  regulation*  for 

burial  of  the  dead,  204 
Farquhar, ,  of  Achriachan  and  \\Vsicr 

Cambdell,  on  valuation  roll.  278 

—  James,  on  valuation  roll.  274 

—  Sir  Robert,  of  Munie,  46 
Farqrsone,  see  Farquharson 
Farquharson  (Farqrsone),  C.,  88, 

—  James,  88 

—  John,  88 

The,  signs  Jacobite  Bond  of  Associa- 
tion, 88,  263 

Fath  (ffaath),  George,  mason,  363 
Federate   (Fedderet)    Castle,   surrender  of 

Jacobites  at,  79,  82,  84 
Fees,  shearers' harvest  fees,  regulations  as 
to,  230,  233 

—  Penalties  for   contravening   regula- 

tions, 234  ;  augmentation  of,  246 
Wages  and  prices,  241-247 
Ferguson's  Regiment  of  foot,  120 
Fergusson,  James,  astronomer,  339 
Felterangus  Parish,  418 
Fforgie,  Nan  (?),  236 


Fiddich,  Boat  of,  road  to  Keith  from,  393, 

395 
Bridge,  364,  366,  388,  389 

Fife, ,  Baillie,  149 

Family,  the,  79 
House  of,  107,  108 
Findlater,    Baird,  Mr.  James,  of    Cullcn, 

207-212 
Baird,  Sir  James,  of  Auchmedclen, 

15° 
Basken,  Captain  James,    177,   178, 

190  si/.,  200,  204,  212,  213 
Bothmer,  adviser  to  King  George  I., 

3°4 
Boyne,  Lord,  195,  265 

-  Christian,  251 

-  Cock,  James,  162,  163,  164,  165 
Donaldson,  John,  191,  198 
Dunbar,  Nicolas,  197,  239 

Earl  of,  lands  held  by,  7,  63,  91  ; 
on  valuation  roll,  274,  276,  363, 
39',  403 

-  3rd  Earl,  13,  21,  33,  34,  42,  89,  95, 

100,  107,  109,  120,  145,  146,  147, 
148,  149,  150,  151,  159,  161,  162, 
165,  179,  181,  182,  184,  186,  188, 
190,  194,  199,  200,  203,  204,  215, 
217,  219,  220,  221,  225,  226,  229, 
231,  233,  238,  239,  258,  264,  281, 
282,  290,  295,  297,  299,  305,  308, 
314,  344;  Justice  of  the  Peace, 
60;  his  politics,  79;  his  death, 
127  ;  his  poverty,  152  et  sqq.  ; 
arrears  of  cess,  159  ;  letters  from, 
to  Leslie,  George,  of  Burdsbank, 
152 
Sill  Earl,  and  2nd  Earl  ofSeafield, 

381 

Earls  of,  5 

Fines  for  absence  from  meetings  of 
Barons  and  Freeholders,  55 

-  Garden,  Alexander,  of  Troup,  171, 

172 

-  Gordon,  Ad.,  174-176 
Innes,  John,  of  Edingight,  161 
James,  1st  Earl,  II 

James,  4th  Earl,  sec  Seafield,  Earl  of 
Leslie,  George,  of  Burdsbank,  149, 

'53,  154,  155.  '57.  '58,  160 
Lonmer,    William,    299-301,     302, 

303,  314;    letters  to,  from  Baillie 

William,    chamberlain   of    Laird 

(jf  Grant,    173 

Lorimer,  William,  314,  315,  316 
Marischal,  Countess,  173 

-  Ogilvie,  Alexander,  of  Forglen,  107 

-  Ogilvies  of,  1 1 

Philp,  John,  108,  319  and  note 


436 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Findlaler,    Seafield,   Earl    of   (Sir   James 
Ogilvie),  156,  157,  161,  201 

-  Stanhope,  James,  Secretary  of  State, 

3°7 

—  Wisheart,  George,    176  ;   on   valua- 

tion roll,  270 ;  superseded  as 
Lord  Lieutenant  by  Grant  of 
Grant,  302 

Finnie  (ffinnie),  Thomas,  in  Minonie,  237 

Fochabers,  308 

—  Roads  to  Banff,  378,  380,  383,  384  ; 

to  Cullon,  389,  390 ;   to  Burn  of 

Buckie,  372 

Foot  Levy  (1693),  letters  anent,  \iactsqq. 
Forage  for  the  Army,  county  provision  of, 

167  et  sqq.,  176,  317,  318 
Forbes  (fforbcs),  Sir  Alexander,  of  Craigie- 

var,  31,  65 

—  Arthur,  of  Balvenie  and  Turtrie,  47, 

64,  92,  100 

—  Arthur,  of  Turtrie,  on  valuation  roll, 

271 

—  Bathia,  wife  of  Alexander  Garden  of 

Troup,  31,  65 

—  C.,  88 

.     Commands   Banffshire    Militia,    75, 
1 60 

—  J-,  88 

—  Jean,  wife  of  Alexander  Sutherland 

of  Kinminnitie  and  Balveny,  12 

-  John,  "  Black  Joke,"  312 

—  John,  of  Invernatie,  26 

—  Mary,  wife  of  John  Ogilvie  of  Kemp- 

cairn,  elder,  12 

-  Sclater,  312 

—  William,  Master  of  Forbes,  examines 

Alexander  Ogilvie,  89,  90 
Fordyce,  221,  225,  229 

-  Academy,  33 

— ,  Provost,  358 

-  George,  Provost  of  Aberdeen,  343 

—  George,   in  Achincrieve,   227,   228, 

244 

—  Hallow  Fair  at,  94 

—  James,  on  valuation  roll,  271 

—  John,  on  valuation  roll,  271 

—  John,  of  llauchc,  on  valuation  roll, 

279 
Parish,  418 

—  Parish,  valuation  roll  of,  276,  338 

—  Payment  to  tax  roll  of  royal  burghs, 

215 

—  Presbytery  thanksgiving  on  birth  of 

Prince  James,  62 

-  Sheriff  Courts  and  meetings  of  Com- 

missioners held  at,  55,  180 
Thomas,  notary  public,  318,  325 
Forest  of  Boyne,  Jacobite  rendezvous  at,  308 


Forfar,  Earl  of,  282 

Forglen  (Forgland)  Bridge,  352 

—  Laird  of,  186,   188,  199,  200,  203, 

2O4,  2IO,  211,  212 

—  Lord  (Sir  Alexander  Ogilvie  of  For- 

glen), letters  from,  quoted,  85,  89, 
109,  120,  124,  125  ;  107,  III,  114, 
147,  132,  134,  140,  147,  162,233, 
258,  281,  290,  292,  296,  297,  306, 
329,  327,  329,  330,  332,  334,  335, 

337,  338,  352,  396,  397,  398. 
400  ;  M.P.  for  Banff  and  for 
Elgin  Burghs,  123,  125 ;  lands 
held  by,  115;  his  career,  333 

—  Parish,  418  ;  valuation  roll  of,  275, 

338 

Forsyth  (fforsyth),  Alexander,  Collynewart, 
brewer,  266 

—  Alexander,    in    Roundhill,    brewer, 

255 

—  George,  in  Culbuchhe,  227,  249 

-  George  or  Adam,  49 
Fortrie  Bridge,  345,  371,  377,  384 
Fraser  (ffraser),  Alexander  of  Philorth,  yr., 

12 
Dr.  Andrew,  Inverness,  39,  384 

-  Ann,   of  Philorth,   wife   of  George 

Baird,  IV.  of  Auchmedden,  4 

—  Helen,  wife  of  John  Hay  of  Rannas, 

348 

—  James,  in  Whitehills,  brewer,  255 

—  James,  servant,  236 

—  Janet,  in  Fortrie,  251 

John,  in  Boighead,  shoemaker,  237 
John,  of  Menisey,  47 

—  Sophia,  wife  of  Alexander  Keith  of 

Northfield,  47 

—  William,  of  Broadland,  332 

-  Sir  William,  cited,  105 
Freeholders  of  Banffshire,  roll  of,  6 
French  Invasion,  descent  on  the  Firth  of 

Forth,  124  ;  landing  at  Garmouth, 
Speymouth,  in  1708,  124 
Preparations  against,  character,  and 

payment  of  Scots  recruits,  185 
Frendraught,  Dowager  of,  on  valuation  roll, 
272 

—  Viscount,  22,  47,  263  ;  lands  held 

by,  7,  63 

—  James,  2nd  Viscount,  16 

—  Ludovick,  warrant  for  transporting 

to  Edinburgh  Castle,  79  ;  to  Stir- 
ling Castle,  82  ;  his  petition,  82  ; 
his  liberation,  83  sq.  ;  signs  Jaco- 
bite Bond  of  Association,  88 

—  Viscountess,  Christian,  16  ;  her  peti- 

tion ,  80  sq. 


INDEX. 


437 


Gamrie  Parish,  418 

Gairden, ,  of  Troup,   162,  390,  391, 

393.  417 

Garden  (Gairden,  Gardin,Gairne,  Gardyne) 
Garden,  Alexander,  of  Troup  (Major),  1st 

laird,  31,  65 

Alexander,  of  Troup,  elder,  2nd 
laird,  31,  65,  66,  69,  72,  93,  in, 
121,  132,  136,  140,  145,  147,  149, 
217,  219,  224,  225,  233,  258,  259, 
282,  283,  292,  297,  316,  317,  326, 

329,  33'.  332.  338,  345.  35°.  375, 
396,  407  ;  wrote  account  of 
Buchan,  31  ;  lands  held  by,  91, 
115;  letter  to  Nicolas  Uunbar, 
quoted,  124 ;  letters  to  Earl  of 
Findlater,  171,  172;  Deputy- 
Lieutenant  for  lianffshire,  303, 
314,  350;  his  politics,  350; 
founded  village  of  Gardenstown, 

35° 

-  Alexander  of  Troup,  yr. ,  (succeeded 

1733).  292,  316,  317,  318.  338, 
350,  374.  409,411,  413,  416  ;_303, 
314,  350 ;  Civilist  at  King  s 
College,  Aberdeen,  374  ;  his 
career,  politics,  and  capture  by 
Jacobites,  375-376 

-  Alexander,     of    Troup,     M. P.     for 

Aberdeenshire,  1/68-1785,  375 

-  Alexander,  of  Troup  and   Minenie, 

on  valuation  roll  of  1690,  274 

—  Francis,  sis  Gardenstown,  Lord 

-  George,  Baillie,  374,  416 

-  George,  at  Blairshinnoch,  constable, 

409 

—  George,  at  Mill  of  Ribrac,  constable, 

227 
John,  of  Tarlair,  143 

—  John,  recruit,  402 
Peter,  of  Troup,  375 

—  Mr.  Thomas,  of  Tarlair,  un  valuation 

roll,  274 
Gallowhill  of  Banll,  Jacobite  rendezvous  at, 

312 
Gamrie  (Gemrie)  Parish,  valuation  roll  of, 

273.  274.  338 
Gardenstown,    Lord    (Francis   Garden   of 

Troup),  375 

Garronhead,  Brae  of,  369 
Garrow,  John,  in  Belnacoul,  419 
Gartly  Parish,  418 
Gate,  Walter,  at  Mill  of  Ealehouseburne, 

227 

Gaudie,  Allan,  174 
Gavil  bridge,  358 
Geddes, George,  in  Nethermill  of  Strathilla, 

49  and  note 


Geddes,  John,  brewer,  225 

Geilles,  John,  fiscal,  259 

Gellie,   William,  in  Alvach,  brewer,  255, 

261 

William,  officer,  248,  249 
Gelly,  Rev.  Alexander,  of  Fordyce,  sermon 

at  birth  of  Prince  James,  61,  62 
George  I.,   King,   accession  in    1714,    134, 

291 

Gerard,  Andrew,  brewer,  258 
Gerioch,  sergeant,  240,  241 
Gight,  Laird  of,  lands  owned  by,  7 
Gillean,  Margaret,  in  Parrock,  243 
Gillechranke,  see  Killiecrankie 
Glass  Market,  on  Hill  of  Invermerkie,  15 
Glassaugh,  Abercrotnbies  of,  10 

Bridge,  359 
Glen,  James,  in  Blacktown,  418,  419 

Brown,  365,  366 
Glenbucket,  Laird  of,  129 
Glencairn,  Earl  of,  77  ;  regiment  raised  by, 

i«5 

Glencoe,  Massacre  of,  102,  103 
Glcngerack  (Glengarack,Glengaroch,  Glen- 
geroch,  Glengarock),  Bridge,  356, 

357 

-  Gordons  of,  43,  88,  357 

-  Laird  of,  lands  held  by,  64,  200 
Glenlivet,  road  from,  to  Balvenie,  351 
Glenshiel,  Battle  of  (1719),  130,  138,  173 
Godolphin,  Earl  of,  Sidney,  131 
Gordon, ,  Captain,  of  General  Blak- 

ney's  regiment,  373 
— ,  Mr.,  348 

—     ,  of  Achynachie  (Achoyname, 

Achynainc),    162,    186,   258,  320, 

337,  35°,  35 '.  364 
— ,  of  Aradoull,  on  valuation  roll, 

275 

— ,  of  Ardmeallie,  younger,  383 

— ,  of  Avochie,  373,  376 

— ,  of  Buckie,  lands  held  by,  91 

—  ,  of  Buckie,  yr.,   547 

— ,  of  Cobairdy,  373 

. ,  of  Deskie,  on  valuation  roll, 

278 

— ,  of  Claslerum,  389,  393 

—     ,  of  Glenbucket,  88,  263,  395 

f  of  Glengarack,   on   valuation 

roll,  279 

— ,  of  Gollachy,  124 

,   (Captain)  of   Lecathie,   on 

valuation  roll,  277 

—     ,  of  Park,  149,  160 

;  of  Pitlurg,  on  valuation  roll, 

274 

_ ,  of   Straloch,   lands  held   by, 

loo ;   on  valuation  roll,  277 


438 


RECORDS   OF   THE    COUNTY   OF    BANFF. 


Gordon,  A.,  88 

—  Ad.,   letters   to  Earl  of  Findlater, 

174-176 

-  Adam,   of  Aberlour,    on   valuation 

roll,  279 

-  Adam,  of  Balgowen,  out  in  the  '15, 

322 

-  Captain  Adam,  43 

—  Alexander,  see  Aucbintoul,  Lord 

-  Alexander,  on  valuation  roll,  271 

-  Alexander,  of  Aracloul,   lands  held 

by,  44,  64,  92,  147  ;  on  valuation 
roll,  270 

-  Alexander,    of  Auchintoul,    Major- 

General,  87,  131,  287,  301,  312, 
361  ;  description  of  Siege  of 
Narve,  quoted,  128;  lands  held 
by,  129  ;  commands  Jacobite 
forces,  129  ;  burgess  of  Banff  and 
of  Cullen,  130;  his  old  age  ami 
burial  place,  130;  his  history  of 
Peter  the  Great,  130;  out  in  the 
'15,  138;  application  for  bridge 
on  Burn  of  Auchintoul,  353,  354  ; 
solitary  appearance  at  county 
meeting,  395 

Alexander,  of  Auchintoul,  147,  287  ; 
lands  held  by,  91 

—  Alexander  (Francis),  of  Auchinloul, 

149  and  note 

—  Alexander,  of  Auchynachic  (Achuy- 

nanie),  160,  196,  354 
Alexander,  of  Birkenbunv,  162  ;  on 
valuation  roll,  275 

-  Alexander,  of  Cairnfield,  374,  387, 

392,  412,  413,  416 

-  Alexander,  of  Cranno,  51 

—  Alexander  of  Kdentor,  on  valuation 

roll,  274 

-  Alexander,   of  Edintorc.    412,    413, 

-  Alex.,  of  Glenbucket,  Captain,  313 

—  Alexander,    of    Glengerack    (Glen- 

garoch),  18,  43,  100,  148,  149, 
301,  302;  lands  held  by  (1666), 

43.  92 

-  Alexander,    of    Glengerack,     1698- 

1745,  out  in  the  '15,  322,  357  ; 
his  career,  357,  358,  360,  362, 
364,  396 

—  Alexander,  of  Keithmore,  factor  to 

the  Duke  of  Gordon,  364 

—  Alexander  Harry,  of  Muiraik,  369, 

37',  374.  377 

-  Alexander,  of  I'itlurg,  258 

-  Alexander,  of  Straloch,  126 

-  Sir  Alexander,  of  Kothiemay,  Justice 

of  the  Peace,  60 

-  Alexander,  1st  Duke  of,  68,  69 


Gordon,  Alexander,  1st  Duke,  his  influence 
and  holdings  in  Banffshire,  his 
politics,  68,  69 ;  lands  held  by, 
60,  99 

—  Alexander,  2nd  Duke,  55,  65,   75, 

93  ;  out  in  the  '15,  and  fought  at 
Sherriffmuir,  395 

—  Anna,  daughter  of  Mr.  James,  parson 

of  Kothiemay,  16,  17 

-  Anna,  wife  of  Mr.  Alexander  Ker 

of  Knock,  45 
Anna,  wife  of  Alexander  Leslie  of 

Buchrome,  37 
Anna,  wife  of  John,  of  Beldornie,  24 

-  Archibald,  son  of  Patrick,  of  Ard- 

meallie,  377 
Arthur,  of  Carnousie,  361,  362,  366, 

371 

Mr.  Arthur,  of  Law,  353 
Cadets  who  were  loyal  to  James  1 1.,  69 

-  Castle,  69,  124,  399;   gathering   of 

Jacobites  at,  308;  occupied  by 
Lieut. -Colonel  William  Grant, 

3'3 
Charles,  of  Glengerack,  1692-1712, 

357,  358 

-  Charles,    of  Glengerack,    1748 

(merchant  in  Brcchin),  358 

-  Charles,  of  Glengerack,  43,  44,  49, 

50,  100,  in,  121,  197,  214,  217, 
221,  225,  229,  233,  258,  259,  281, 
396 

-  Charles,  of  Glengerrack,  lands  held 

by,  116  ;  out  in  the  '15,  138  ;  on 
valuation  roll,  275 

-  Cosmo  George,  3rd  Duke,  379,  395 
David  (rent  of  Cornecairne  given  to), 

9 

—  Mr.  David,  8 

Mr.  David,  of  Achoynonie,  ill  ; 
lands  held  by,  116;  on  valuation 
roll,  275 

Duchess  of,  379,  381 

Duke  of,  36,  38,  41,  126,  130,  148, 
149,  150,  151,  152,  157,  188,  189, 
333,  410,  415  ;  lands  held  by,  63  ; 
letter  from,  to  Earl  of  Findlater, 
155;  on  valuation  roll,  270,  271, 
277,  278,  279 ;  schoolmaster  at 
Bellie,  400;  arrest  in  1715,  124, 
137  ;  death,  137 

Dukes  of,  Jacobite  leanings  debar 
them  from  county  administration, 

395 

—  Elizabeth,  (taughter  of  Mr.  James, 

parson  of  Kothiemay,  17 
Elizabeth,  wife  of  Alexander  Grant 
of  Kirdels,  238 


INDEX. 


439 


Gordon,  Francis,  88 
-    G.,  55 

-  George  (rent   of  Cornecairne  given 

to),  9 

-  George,  son  of  parson  of  Rothiemay, 

16 

-  George  1st  (?),  surrender  of  Edinburgh 

Castle,  submission  to  William  III., 
imprisonment,  78 

-  George,  1st  Duke,  395 

-  George,  1st  Duke,  holds  Edinburgh 

Castle  for  James  III.,  395 
Sir  George,   of  Achinhandoch,  on 
valuation  roll,  277 

-  George,  of  Arradoul,  44,  in 

-  George,  of  Buckie,    125   ami  note, 

258,301,  313,  33S,347,367,  368, 
370,  372,  411,  413;  out  in  the 
'15,  322 

-  George,  of  Carnousie,  lands  held  by, 

99,  116,  iii,  113,  114,  232,  238, 
241,  245,  248,  252,  257,  258,  259, 
261,  264,  280,  281,  286,  289,  292, 
301,  311,  329,  344,  351,  396  ;  out 
in  the  '15,  138 

-  Captain  George,  of  Carnousie,  77 

-  Sir  George,  of  Carnousie,  on  valua- 

tion roll,  275 

George,  4th  laird  of  Coclarachie, 
287 

-  George,  of  Edinglassie.  9,  10 

Sir  George,  of  Kden^la^sie,  Joiiu 
Sheriff-Principal  of  Banft'shire,  29, 
58,  59,  60,  61,  63,  65.  66,  69,  72, 

75,  88,   96,    147,   148,    153,   154, 
159,  161,  162  ;    lands  held  by,  15, 
91,  99;  election  as  Commissioner 
of  the  Shire,  47,  53  :  Commission 
as  Joint  Sherift  of  Banff,    51-53  ; 
services    to    William    of   Orange, 
and  sufferings  after  Killiecrankie, 
69,    76    sqq,  ;    death    and    burial, 

76,  77  ;    on  valuation  mil,  277 

-  George,  of  Glengerack,  358 

—  George,  of  Glestirum,  out  in  the  '15, 

322 

—  George,  of  Muiraick,  on  valuation 

roll,  276 

-  Sir  George,  of  Tanoch,  on  valuation 

roll,  272 
George,  of  Thorniebank,  Justice  of 

the  1'eace,  60,  145,  147,  148,  149, 

150 

Lord  Harry,  148 
Harry,  of  Avachie,  out   in  the  '15, 

322 

—  Helen,  daughter  of  Sir  John,  of  Park, 


Gordon,  Isobel,  wife  of  William  Cumming 

of  Auchry,  33 
James,  44,  242 
James, of  Aberlour, out  in  the'l5,j52 

-  James,  of  Ardmalie,  commissioner  of 

supply,   162,  232,  258,  287,  335, 

338,  344,  347,  35*>,  359,  377,  3«7, 
389,  391  ;    on  valuation  roll,  271 

-  James,  of  Ardmeallie,  younger,  287 
James,  of  Birkinbush,  on  valuation 

roll,  270 

James,  of  Carndell,  149 
James,  of  Cowfurach,  on  valuation 

roll,  270 

James,  of  Daach  (Davach),  III 
James,   of  Kaster  Cambdell,   on 

valuation  roll,  278 
James,  of  Letterfurie,  301 
James,  of  Kothiemay,  148 
Mr.  James,  of  Zeochries  (Zachrie), 
lands  held  by,  64,  91  ;    on    valua- 
tion roll,  271 

Mr.  James,  parson  of  Kothiemay, 
16,  17,  100,  146 

-  Sir  James,  of  Park,    130,  340,  342, 

344,    345,    346;   out  in  the  '15, 
322 
Jean,  see  Altyre,  Lady 

-  John,  55 

John,  bail  lie  of  Banff,  Sheriff- Depute, 

58,  90,  149,  1 60 
John,  haillie  of  the  regality  of  Enzie, 

3f'9,  395 
form,  of  Achoynanie,  354 

—  |ohn,  of  Ardmeallie,  287 

form,  of  Auchyndachie  (Achinachie) 
147,  149,  301,  302  ;  on  valuation 
roll,  275 

John,  of  Balchirie,  on  valuation  roll, 

277 

—  John,    of   Beldornie,    17,    51,    149; 

lands  held    by,  91  ;    on  valuation 

roll.  277 

John,  of  Beldornie,  4th  laird,  17 
John,  of  Beldornie,  younger,  24 

—  John,  of  Buckie,  lands  owned  by,  8, 

148 

John,  of  Cluny,  392,  393 
John,ofDallochie(Dallowchy),  149, 

1 60 

John,  of  Davidstown,  89 
John,     of     Drumwhindle     (Drum- 

quhindle),  338  and  note,  344,  347 

—  John,    of   Edinglassie,   younger,    77 

note,  149 

John,  of  Glenbucket,  signs  Jacobite 
Bond  of  Association,  88,  301  ;  out 
in  the  '15,  323 


44° 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Gordon,  John,  tutor,  of  Glenbucket,  69 

-  Colonel  John,  of  Glenbucket,  311, 

312 

John,  of  Golochie,  on  valuation  roll, 
270 

—  John,  of  Leterfurie,  182  ;   on  valua- 

tion roll,  270 

—  John,  of  Nelher  Buckie,  on  valuation 

roll,  270 
John,  of  Park,  lands  held  by,  91,  115 

•  Captain  John,   of  Park,    373,   387, 

389,  392,  393 

—  Sir  John,  of  Park,  8,  9,  72,  98,  105. 

121,    122,    123,    130,   145,  148,   157, 

162,  186,  199,200,203,214,215, 
225,  226 ;  patent  as  Knight 
Karonet,  66  sq.  ;  claims  preced- 
ence in  suite  roll,  IOI,  119,  220, 
252,  253,  258,  292,  329,  396 

—  Sir  John,  of  Park  (2nd  laird),  8,  9,  15 

-  Sir  John,  of  Park  and  Ordiwhill,  on 

valuation  roll,  272 

—  John,   in   Rothiemay,   on   valuation 

roll,  271 
John,  of  Kolhiemay,  lands  held  by, 

91,  101,  149 

John,  of  Rothiemay,  younger,  147 
John,     of    Thorniebank,    146 ;     on 

valuation  roll,  270 
John,  of  Upper  Buckie,  on  valuation 

roll,  270 

John,   Provost  of  Banff,  33 
John,  uncle  of  the  Earl  of  Aboyne, 

out  in  the  '15,  323 

—  Kalherine,  of  Auchenchries,  wife  of 

Major-General  Alexander  Cordon, 
128,  129 
Katherine,  portioner  of  Glengerack, 

358 

—  Katharine,  wife  of  Mr.  Jas.  Gordon, 

parson  of  Rothiemay,  16 
Lord  Lewis.  373,  379,  395,  416 
Magdaline,  portioner  of  Clengerack, 

358 
Margaret,  Lady  Rannas,  348 

—  Margaret,  portioner  of  Glengerack, 

358 

—  Margaret,  wife  of  Alexander  Duff  of 

Bracco,  49 

Margaret  (of  Glengerrack),  wife  of 
James  Hay  of  Rannas,  31 

—  Margaret  (of  Park),   wife  of  James 

Hay  (1665),  31 

—  Marie,  8 

—  Nicola,    wife   of  George   Leslie   of 

Tullich,  36 

•  Mr.  Patrick,   "eldest  son  of  Aber- 

lour,"  out  in  the  '15,  323,  352 


Gordon,  Patrick  (Peter),  of  Ardmeallie(Ard- 
mely),  Convener  of  the  County, 
138,  316,  317,  341,  350,  351,  352, 
353.  357,  36°,  361,  36z.  364,  3°6, 
367,  369,  370,  37'.  374,  4'2,  4'3, 
414,  415,  416;  his  career,  376, 

377 

Patrick,  of  Auchenchries,  Com- 
mander-in-chief of  Russian  army, 
128 

Patrick,  of  Clastirum,  149 ;  on 
valuation  roll,  270 

Patrick,  of  Leichestoun,  on  valuation 
roll,  270 

Peter  (or  Patrick),  of  Ardmeallie, 
younger,  287 

Peter,  Bonhall,  338 

—  Captain  Peter  (Patrick),  of  Laichie, 

(Dufftown),  142  and  note,  143 
Robert,  of  Cairnfield,  on  valuation 
roll,  270 

—  Sophia,  9 
Thomas,  18 

Thomas,  of  Cranach,  lands  held  by, 
92  ;  on  valuation  roll,  279 

Thomas,  of  Cranach,  chamberlain 
to  the  Duke  of  Gordon,  159,  160, 
162 

Thomas,  of  Fodderletter  (Pother- 
later),  365 

—  W.,  88 

William,  of  Birkinburn,  yr.,  Comm. 
of  Supply,  232,  258 

—  William,    in    Craigiebrae,    brewer, 

256 

\\illiam,  of  Craibstoun,  359 
William,     of    Farskane,     49 ;     on 

valuation    roll,    270 ;    Burgess   of 

Cullen,  295 
William,    of   Farskane,    3rd   laird, 

324,  325,  331,  342,  345,  359 
William,  of  Glengeracfc,  358 
-     Sir  William,  of  Lesmore,  49 

Sir  William,  of  Park,  Convener  of 

Banffshire,    358,    370,    371,   372, 

373,  411,  413,  414,  415  ;  out  in 

the  '45,  372-373 
Govans,   Andrew,    in   Craighead,   brewer, 

261 

Gowan,  Andrew,  in  Stanley,  tailor,  237 
Graham  (Grame),  David,  advocate,  269 

Elizabeth,  wife  of  Sir  John  Gordon 

of  Park,  9 
John,  67 
John,  of  Claverhouse,  see  Dundee, 

Viscount 
Walter,  of  Garters,  lands  owned  by, 

32 


INDEX. 


441 


Graham,  Walter,  of  Monbleton,  on  valua- 
tion roll,  274 

Grange,  Church  of,  61,  62 
Bridge,  371,  377 

—  Parish,  418  ;  valuation  of,  279 
Grange  and  Keith  Parish,  338 

Grant,  laird  of,  77,  140,  149,  160,  162,  288, 
410;  on  valuation  roll,  273,  275; 
tutor  of,  lands  held  by,  32 

-  Colonel,  327,  338,  349 

—     ,  of  Achoynanie,  388,  389,  390 

— ,  of  Carron,  126;  on  valuation 
roll,  278,  279 

— ,  of  Denhigas,  148,  159 
— ,  of  Easter  Galdwell,  on  valua- 
tion roll,  273 

—     ,  of  Kirdells,  Captain,  collector 

of  excise,  224 

— ,  of  Tochieniel,  386,  388,  391, 

393 

—  Agnes,  of  Easter  Galdwall,  288 

—  Alexander,  of  Allachie,  lands  owned 

by.  32.  35  "off,  39,  4° 

—  Colonel  Alexander,  of  Arndilly  and 

Achoynonie,  355,  356 

—  Alexander,  of  Bellintomb,  130,  258, 

259,  289 

—  Alexander,  of  Bognduie,  282 

—  Mr.     Alexander,     Sheriff-Clerk    of 

Elgin,  tacksman  of  excise,  59  and 
note,  lyoandnote,  1 7 1  and  note,  180 
— •  Alexander,  Brigadier-General,  Lord- 
Lieutenant,  125  and  note,  132, 
299>  3'5,  316,  323  ;  letter  anent 
John  Grant  of  Ballindalloch's 
arrears  of  cess,  261  ;  order  to 
garrison  Boyne  Castle,  314 

-  Alexander,  of  Grant,  younger,  258, 

26r,  282 

—  Alexander,  of  Kirdels,  Sheriff-Clerk 

of   Moray,    tacksman    of   excise, 
lands  held  by,  238,  239,  262 

—  Alexander,  of  Tochieniel,   factor  to 

the  Earl  of  Findlater,  369,  372 

—  Alexander,  of  Whiteley,  369 

—  Ann,  sister  of  the  laird  of  Grant,  288 

—  Anna,  wife  of  Sir  Patrick  Ogilvie  of 

Boyne,  21 

—  Archibald,   1st  laird  of  Bellintomb, 

39,  288 

—  Archibald,  of  Papine,  325 

—  Sir  Archibald,  390,  392 

—  Duncan,  2nd  laird  of  Balintomb,  288 

—  Elizabeth,  wife  of  Capt.  John  Grant, 

of  Elchies,  260 

—  Mr.  Francis,  of  Cullen,  258 

—  Sir    Francis,    of  Bellintomb,    see 

Cullen,  Lord 


Grant,  Sir  Francis,  of  Cullen,  282,  289 

-  Captain  George,  361 

—  George,  in  Clayfolds,  420 

-  Captain  George,  of  Grant,  312 

-  George,  of  Kirdels  (Cardells),  262 

—  Grant,  Isobel,  249 

Helen,  wife  of  Alexander  Duff,  of 
Keithmore,  39 

-  Isobel,  of  Easter  Galdwall,  288 

—  James,  246,  249,  250 

-  Captain  James,  331 
Captain  James,  of  Elchies,  327 
James  (the  Bold),  of  Freuchie,  3rd 

laird,  260 

—  James,  of  Grant,  7th  laird,  21 
James,  of  Ruthven,  338 

James,  son  of  Robert,  of  Tom- 
breckachie,  26 

—  Jean,    wife   of  George  Gordon,    of 

Arradoul,  44 

Jean,  wife  of  William  Grant,  of 
Arndilly,  288 

—  John,  88,   174,    175  ;   on    valuation 

roll,  278 

John,  son  of  Robert,  in  Auchbreck,  25 

John,  of  Ballinclalloch,  in,  133, 
149,  248,  258,  268,  281  ;  Jacobite 
sympathies,  88 ;  lands  held  by, 
91,  115;  arrears  of  cess,  254, 
256,  257 ;  quartering  upon  his 
land,  261  ;  letter  anent,  from 
laird  of  Grant,  261  ;  arrears, 
debenture,  283,  284,  287,  288 

John,  of  Ballindalloch,  6th  laird, 
238,  260,  261 

John,  yr.,  of  Ballindalloch,  Justice 
of  the  Peace,  60 

Lieut.  John,  yr.,  of  Ballindalloch, 
402 

—  John,  of  Boat  of  Fidach,  on  valuation 

roll,  279 

—  John,   of  Braes,   on   valuation  roll, 

278 

John,  of  Carron,  in,  258,  282,  327, 
330,  331  ;  lands  held  by,  Ij6,  117 

—  John,    of  Culphoich,    on   valuation 

roll,  278 

—  John,  of  Delnabo,  on  valuation  roll, 

278 

—  John,  of  Easter  Elchies,  ill  ;  lands 

held  by,  116,  117 

—  Captain  John,    of  Easter   Elchies, 

259,  282,   292,   330  ;   his  career, 

260,  261 

—  John,  of  Freuchie,  5th  laird,  Chief 

of  the  Grants,  II 

—  Sir  John,  6th,  of  Freuchie,  Chief  of 

the  Grants,  37 


442 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Grant,  John,  of  Galdwall,  288 

—  John,  Minmore,  420 

—  John,  of  Ruddrie,  282 

—  John  of  Tomnovillan,  on  valuation 

roll,  278 

-  John    Peter,    Sheriff-Substitute    of 

Inverness,  37 

—  John    Roy,    of    Ballindalloch,    7th 

laird,  69,  260 ;  his  career  as  a 
leading  Jacobite,  262  ;  forfeiture, 
263 

—  Jonathan,  88 

—  Katharine,  wife  of  Alexander  Ogilvie 

of  Kempcairn,  1 1 

—  Ludovic,  of  Freuchie,  8th  laird,  37 

•  Ludovicfc,   of  Grant    (Chief  of  the 

Grants),  lands  held  by,  99  ;  165, 
166,  238,  258;  regiment  raised  by, 
260,  263 

—  Margaret,    wife    of    Alexander,    of 

Allochie,  39 

—  Margaret,  of  Easter  Galdwall,  288 

—  Marjorie,  of  Easter  Galdwall,  288 

—  Marjory,  wife  of  William  Leslie,  in 

Milton  of  Balvenie,  35  and  note 

—  Mary,  wife  of  Alexander  Leslie,  yr., 

of  Bochrom,  36 

—  Patrick  (1520),  262 

—  Patrick,   in   Achincleich,  constable, 

228 

—  Patrick,  of  Edenville,  260 

—  Patrick,  of  Elchies,  149,  160 

—  (or  MacAlpine),  Patrick,  of  Rothie- 

murcus,  37 
Patrick,  son  of  John  of  Galdvall,  288 

—  Lt.-Col.  Patrick,  tutor  of  Grant,  37 

—  Patrick,  see  Elchies,  Lord 
Robert,  88 

—  Robert,  in  Auchenbreck,  25 
Robert,  of  Dalvey  and  Dunlugus,  90 

—  Robert,   of  Delnabo,    on   valuation 

roll,  278 

—  Robert,  of  Dunlugus,  72,  98,   197, 

205,  225,  227,  228,  231,  232,  233, 
236,  238,  240,  241,  245,  248,  251, 
257,  258,  259,  264,  268,  281,  284  ; 
lands  held  by,  91  ;  on  valuation 
roll,  276 

—  Robert,  of  Tamore  (Tammore),  361, 

389 

—  Robert,  of  Tombreckachie,  26 

—  Robert,  yr.,  of  Tombreckachie,  26 

—  Thomas,  of  AchoynanieandArndilly, 

Deputy-Lieutenant,  289,  292,  297, 
3°3.  3°9,  3i8,  324.  32S.  338,  339, 
342,  343,  344,  377,  379,  39&,  4°8  ; 
his  career  and  his  lands,  354,  355, 
356 


Grant,  Thomas,  of  Airdendilly,   140 

—  W.,88 

—  Walter,    of    Ardendilly    (Arndilly, 

Edendillie),  in,  130,  162,  259, 
282,  288,  289,  295,  324,  329 ; 
lands  held  by,  1 16,  117  ;  on 
valuation  roll,  273 

—  Walter,  2nd  laird  of  Arndilly,  355 

—  Walter,  of  Mill  of  Papin,  on  valuation 

roll,  273 

—  Colonel  William,  261,  288,  316 

—  William,  of  Arndilly,  288 

—  Colonel  William,  of  Ballindalloch, 

132,  3'3>  3'7>  33°,  331  ;  lands 
held  by,  132 

—  William,  of  Blairfindy,  on  valuation 

roll,  278 

—  William,   of  Creichie,    tutor,   of 

Rothiemay,  101 
Grantown  to  Braemar  Road,  via  Tomintoul, 

38.3 
Grants,  Chiefs  of  the,  lands  owned  by,  38, 

260 

Grant's  Regiment,  125 
Gray,  Alexander,  brewer,  258 

-  James,  fined  for  swearing  in  face  of 

Court,  241,  242 

—  Mr.  James,  304 

—  Thomas,  242 

—  Thomas,  at  Rothiemay,  242 
Green,  Captain,  of  the  Worcester,  trial  for 

piracy  and  murder,  execution  at 
Leith,  political  effects  of  his 
execution,  118 

—  John,  in  Whitehouse  of  Edinvillie, 

419 

—  William,  in  Mains  of  Kinermonie, 

419 
Gregor,   Alexander,   in   Hillside  of   For- 

dyce,  182 
Gregory, ,  of  Kinairdie,  162 

-  Alexander,    of    Netherdale,     lands 

owned  by,  23 

—  (Gregorie),  D.,  55 

Gregorie,  David,  of  Kinairdie,  lands  held 
by,  92  ;  on  valuation  roll,  271 

—  David,   of  Netherdale,   burgess  of 

Aberdeen,  22,  23 

—  Mr.  John,  minister  of  Drumoak,  23 
Greig,  Andrew,  in  Minornie,  brewer,  224 
Guard  of  the  Shire,  the,  142  sq. 

Gushet  Bog,  390 

Guthrie, ,  of  Guthrie,  Bishop  of  Moray, 

30 

-  Agnes,  wife  of  George  Hay,  30 

—  Sir  Harry,  of  King-Edward,  lands 

owned  by,  31,  147,  148 


INDEX. 


443 


Hackatt  (Hackat),  Isobel,  wife  of  Alex- 
ander Abernethie  of  Auchinclech, 
24,  25 

—  Walter,  of  Cairntoune,  constable,  283 
Halcraig,  Lord  (Sir  John  Hamilton),  M.P 

for  Cullen,  103 
Hamesucken,  case  of,  397 
Hamilton  in  Gebston,  395 
Hamilton,  Duke  of  (1687),  157 

—  Colonel  George,  187,  188 

—  Isobel,  wife  of  John  Innes  of  Edin- 

g'ght,  45 

—  James,  of  Cowbardie,  258 

—  Janet,  wife  of  Alexander  Leslie,  yr., 

of  Kininvie,  36 

—  Mr.  John,  338,  341 

—  Sir  John,  see  Halcraig,  Lord 

—  Katherine,   wife  of  John   Leslie  of 

Meyr  Clenie,  36 

—  Mary,  wife  of  Mr.  James  Skinner  in 

Thriepland,  22 

Robert,  Sheriff-Depute,  brother-in- 
law  of  Archbishop  Sharp,  5,  7 
William,  2nd  Duke,  239 
Hard,  William,  at  Nethermill,  124 
Harley,  Robert,  see  Oxford,  Earl  of 
Harper,  Christian,  in  Tullos,  251 

-     Gilbert,  weaver,  in  Northfield,  237 
Harvie,  Lillie,  wife  of  James  Gordon,  yr., 

of  Ardmeallie,  287 
Hay,  ,  Colonel,  out  in  the  '15,  332 

—     Mr.,   weaver  and   heckler,   in 

Banff,  405 

—     ,  of  Arnbath,  younger,  348,  352, 

— ,  of  Rannes,  147,  149,  160,  338 

—     ,  of  Rannas,  younger,   393  ;  in 

the  '45,  396 

—  Alexander,  280 

—  Alexander,  of  Arnbath,  30,  147,  148, 

159,  162,  180 

—  Mr.  Alexander,  "son  to  Rannns," 

389 

—  Andrew,  of  Dalbreich,  30 

—  Andrew,  of  Mountblairy,  31,  140 

• —  Mr.  Andrew,  of  Montblairy,  Com- 
missioner of  Supply,  232,  236, 
238,  240,  245,  248,  251,  252,  257, 
258,  259,  261,  264,  281,  282,  292, 
329,  334.  337,  339,  342,  343,  344, 
380,  385,  391  ;  on  valuation  roll, 
276 

—  Mr.    Andrew,   of  Montblairie,   yr., 

collector,  292,  293,  297,  298,  299, 
320,  321,  325,  326,  327,  361,  362, 
366,  403,  406,  409,  412,  413 

—  Andrew,    of  Montblairie,    younger, 

Sheriff-Depute  of  Banffshire(  1714) 
134  sq.  ;  enrolled  for  barony  of 
Itlaw,  139 


Hay,  Andrew,  yr.  (1713-1789)  of  Rannas, 
out  in  the  '45,  349,  410,  412,  413 

—  Mr.  Andrew,  of  Scotstoun,  on  valua- 

tion roll,  275 

—  Anne,  30 

-  Colonel  Lord  Charles,  366,  383 

—  Charles,  of  Rannas,   31,   301,   342, 

344,  347,  396,  410  ;  lands  owned 
bX>  348,  349  ;  °ut  in  the  '15,  138, 
322 

—  George,  of  Gavill,  358 

-  George,  of  Mountblairy,  392 

—  George,  of  Rannas,  30 

—  George,  rector  of  Rathven,  30 
-    J-,  67 

—  James,  in  Banff,  merchant,  31 

—  James,  of  Inchgarvie,  349 

James,    of  Muldavet,   lands  owned 
by,  7,  30 

—  James,  of  Rannas,  215 

-  James,  of  Rannas  (c.  1592),  30 
James,  of  Rannas  (succeeded  1654), 

3° 

—  James,  of  Rannas  (succeeded  1666), 

31 

—  James,  of  Rannas  (1690),  on  valuation 

roll,  270;  lands  owned  by,  348, 349 

—  James,  in  the  Raphen,  349 

—  John  of  Echries  (Echeres),  on  valua- 

tion roll,  280,  349 

-  Captain  John,  of  Echries,   tutor  of 

Rannas,  30,  31,  65,  66,  69,  148; 

lands  held  by,  92 
John,  of  Langshed,  30 
John,   of  Milldavit,    125  ami  note, 

270,  349  ;  out  in  the  '15,  322 

—  John,  of  Poldavid  (?  Muldavit),  258, 

281 

—  John,  of  Rannas,  348 
Joseph,  30 

—  Katherine,  30 

—  Lady  Katherine,  wife  of  Jas.  Baird, 

yr.,  of  Auchmedclen,  30 
Margaret,  in  Caldhame,  248,  249 
Mary,  349 
— •     Walter,  of  Rannas,  lands  held  by,  91 

William,  of  Clunehill,  30 
Hays  of  Kinnoul,  332 

—  of  Lenplum,  cadets  of  the  Tweedale 

family,  30 
Hector,  Alexander,  mason,  361,  363 

—  William,  mason,  361,  363 
Henderson,  James,  in  Milton,  243 

James,  servant,  243 

—  John,  420 

—  Mr.  John,  schoolmaster,  418 
Thomas,  45 

Heritors'  Titles,  exhibition  of,  revision  of 
suite  roll  by  Sir  James  Ogilvie,  97 


444 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Highland  marauders,  near  Keith,   17,   18, 

43 
Highlanders,  requisitions  by,  314 

-  Act  for  the  disarming  of,  401 
Highways,  see  Roads 

Hooke,  Colonel,  123 
Hope,  J.,  282 

Home,  lames,  in  Easter  Hagges,  constable, 
'  231 

John,  servant,  243 
Hume,  Patrick,  letter  to  Sir  James  Ogilvie 

(Earl  of  Seafield),  167 
Huntly,  Dowager  Lady,  on  valuation  roll, 

277 

—     Earl  of,  George,  4th  Earl,  4 
Lady,  147 

Marquis  of,  lands  owned  by,  in  1664, 
7,  10,  48,  124,  137,  146,  147,  301, 
308,  309,  312 

-  Alexander,  out  in  the  "15,  323,  348 

-  George,  4th  Marquis,  5 
Hyndford,  Earl  of,  John  (Lord  Carmichael) 

Secretary  of  State   for   Scotland, 
his  account  of  Earl  of  Seafield,  105 

Inglis,  Alexander,  96 

Inneravine  Parish,  338,  361 

Innes, ,  of  Coxton,  301 

— ,  of  Edingeith,  149,  160 

— ,  of  Kinermundie,  on  valuation 

roll,  279 

-  Adam,   of  Towiebeg,   72   note ;    on 

valuation  roll,  273 

-  Alexander,  on  valuation  roll,  271 

-  Alexander,  collector,  269,  361,  377, 

378,  393.  407 

Deputy  receiver  for  cess  of  1716- 
1717,  326,  327 

-  Provost  of  Banff,  360,  367,  368,  369, 

370,  409,  412,  413,  414 
Joint  Sheriff-Clerk,  clerk  to  Justices 

of  the  Peace,  401  ;  clerk  of  supply, 

402 
Alexander,  of  Rosieburn,  371,  378, 

379,  38°,  38i,  383,  385,  387,  388, 
39°,  39i,  392,  393 

—     Alexander,  of  Whitehill,  358,  377 
Beatrix,  of  Auchintoul,  wife  of  Alex- 
ander Urquhart  of  Fishrie,  15 

-  George,  receiver  depute,  417 

-  George,  in  Achincleich,  weaver,  244 

-  Sir  George  (Alexander),  of  Coxton, 

101 

-  Sir  George,  of  Dunoon,  38 
James,  242 

-  Captain  (Colonel)  James,  overseer  of 

roads,  344,  345,  346,  347, 348, 349, 

35°,  352,  353,  358,  360,  362,  363, 
364  ;  his  death,  377,  378 


Innes,  James,  of  Auchrosk,  145 

-  Sir  James,  of  Kinermony,  1 1 1 ;  lands 

held  by,  116,  117 

—  James,  of  Lichnet,  46 ;  lands  held 

by,  93  ;  on  valuation  roll,  273 
James,  of  Ortoune,  38 
James,    Baillie  of  Banff,   361,   364, 

368,  369,  370,  371 

—  James,   Provost  of  Banff,  371,  374, 

375,  377,  4i6 

—  James,  Treasurer  of  Cullen,  356 
John,  280 

John,  of  Edingeith,  43,  64,  in, 
121,  147,  186,  196,  199,  200,  203, 
205,  219,  225,  233,  238,  253,  258, 
259,  281,  292,  325,  329,  338,  342, 
343,  344,  345,  347  250,  351,  353, 
354,  355,  356,  357-  358,  359,  3^6, 
367,  369,  370,  37",  374,  379,  384, 
387,  393,  39°,  4'o,  4'  i,  413,  4'6  ; 
lands  held  by,  45,  46,  92,  III, 
116  ;  letter  from,  to  Earl  of  Find- 
later,  161  ;  on  valuation  roll,  279 

John,  elder,  of  Edingeith,  132,  136, 
162 

-  John,  yr.,  of  Edingeith,  Joint  Sheriff- 

Clerk,  clerk  to  Justices  of  the 
Peace,  46,  258,  292,  320,  325, 
329,  338,  360,  362,  364,  366,  367, 

369,  37°,  37',  40i,  4H,  413 
John,  of  Edingight,  burgess  of  Cullen 

(1669),  295 

-  John,  of  Edingeith  and  Birkenburn, 

75 
John,  of  Knockorth,    on   valuation 

roll,  271 
Colonel  John,    of  Lichnet  (and  of 

Dipple),  43,  46 

—  John,  of  Muriefauld,  387,  388,  389, 

391,  393 

—  John,  in  Woodside,  242 

—  Marie,  wife  of  John  Gordon  of  Leter- 

furie,  182 

—  Mr.    Patrick,     minister    of    Banff, 

sermon  on  birth  of  Prince  James, 
61,  62,  152,  155 

Peter,  of  Soccoch  (Succoch),  in  ; 
lands  held  by,  116,  117 

-  Sir  Robert,  of  Balvenie,  38 
Robert,  in  Banff,  writer,  409 
Robert,  of  Culvie,  358,   360,  364, 

369,  370,  37',  374,  377,  379,  412, 
413,  4'6 

—  Sir  Robert,    5th    Baron,   of  Inner- 

markie  and  of  Balvenie,  38 

—  Sir    Robert,    of   Innes,    Baronet   of 

Nova  Scotia,  46 

-  Sir  Robert,  of  Kinermonie,  32 ;  lands 

held  by,  91 


INDEX. 


445 


Innes,  Robert,  town  clerk,  420 

—  Thomas,  in  Bracco,  341,  343,  345 

—  Thomas,  of  Muriefold,  338  and  note, 

347,  353,  354,  356,  357,  360,  366, 
410,  411,  412,  413,  414 

—  Mr.   Walter,   of  Auchluncart,    143, 

146 

—  Walter,  of  Badinfinch,  on  valuation 

roll,  273 

—  Sir  Walter,  of  Balvenie,  38 
William,  portioner  of  Balnamoon,  46 

—  William,  of  Kinnermonie,  Justice  of 

the  Peace,  38,  60,  145 
Inveravon  Parish,  418 
Inverboyndie,  Church  of,  u 
Inverkeithney,    valuation    roll    of  Parish, 

272,  338  ;  bridge  at,  351  ;  road  to 

Boat  of,  391 

Inverkeithny  Parish,  418 
Inverlochy,  77,  78 

Inverness  captured  from  Jacobites,  312 
Inverugie  Bridge,  358 
Inverurie,  included  in  Elgin  Burghs,  123  ; 

battle  of,  416 
Inverurie  and  Inverchobit.on  valuation  roll 

278 

Irvine,  Janet,  in  Haddo,  250 
Islay,  Earl  of  (1715),  129 
Isle  of  Corncairn  or  Ordewhill,  77 
Itlaw,  Laird  of,  64,  65,  126 

{ack,  William,  constable,  242 
ackson, ,  Colonel,  85 

Jacobite  Risings,  the  Fifteen,  Banfishire 
noblemen  and  lairds  involved  in, 
129,  130,  137,  301,  322  ;  Spanish 
landing  in  West  of  Scotland,  138  ; 
letter  from  Birse  to  General  Mac- 
kay,  262  ;  Bond  of  Association 
signed  at  Tomintoul,  263  ;  pre- 
parations against,  291,  293,  291  et 
sqq.  ;  Standard  raised  at  Braemar, 
299  ;  Rendezvous  of  men  of  the 
Forest  of  Boyne,  308 ;  Militia 
called  out,  double  tax  on  those 
who  would  not  serve,  310,  311  ; 
the  Forty-five,  372 ;  capture  of 
Garden  of  Troup,  375  ;  condition 
of  the  country,  376 

James  II.,  King,  preparations  against 
invasion  by  William  of  Orange, 
62  ;  his  death,  109  ;  amount  voted 
to,  by  his  first  Parliament,  148 

James  VII.,  King,  395 

James  VIII.,  King,  309,  310,  312 

James,  Prince  (son  of  James  II.),  rejoicings 
at  his  birth,  61 

Joass  (Joice,  Joss,  Josse) 


Joass, ,   of  Colleynard,   elder   and 

younger,  286 

-  John,  of  Colleonard,  Sheriff- Depute 

132,  136,  138 

-  John,  of  Colleonard,  316,  317,  320, 

325,  358,  360,  361,  362,  364,  366, 
367,  369,  370,  371,  374,  377,  379, 
3»3,  3»5,  412,  413,  416 

Thomas,  of  Colleonard,  lands  held 
by,  41,  42 

Thomas,  in  Hiltoun  of  Blairshin- 
noch,  143 

Mr.  Wm.,  of  Colleonard,  preacher, 
41,  42,  55,  64,  65,  72,  75,  93,  98, 
MI,  121,  162,  188,  194,  196.  199, 

20O,  2O3,  204,  205,  209,  214,  21 J, 
219,  220,  224,  225,  227,  228,  229, 
231,  232,  233,  234,  236,  238,  240, 
241,  245,  251,  252,  253,  254,  257, 
258,  259,  26l,  264,  265,  268,  2Sl, 
282,  283,  284,  286,  290,  292,  297, 

298,  329  ;  lands  held  by,  92,  116 
Jock,  George,  in  Monblettoun,  weaver,  237 
Johnston,  ,  of  Craig  and  Tulos,  on 

valuation  roll,  273 

-  Andrew,  in  Corskie,  brewer,  256 

-  James,  Secretary  of  State  for  Scot- 

land, 1 02 

-  John,  of  Elrick,  369,  370,  412,  413 
Justices    of   the   Peace,    appointments    in 

lianffshire,  60,  281  ;  wages  regu- 
lated by,  226  ;  constables  ap- 
pointed to  act  under,  227 ;  old 
Acts  of,  229  ;  Jurisdiction  in 
Regalities  and  Royalties,  245 

Kciriu,  John,  of  Silverford,  on  valuation 
roll,  274,  276 

Keith  (town)  189,  205,  212,  217  ;  payment 
to  tax  roll  of  Royal  Burghs,  215  ; 
Parishes  included  in  district  of, 
222  ;  postal  service  to  Banff,  222  ; 
arms  delivered  up  in  1716,  323  ; 
roads  from,  to  Banff  and  to  Port- 
soy,  339,  352,  353,  358,  380,  384, 
391  ;  to  Boat  of  Fiddich  and  to 
Balvenie,  393,  395  ;  Bridge  of 
(Auld  Brig),  378  ;  Parish,  11, 
390,  392,  418 

Keith,  see  also  Marischal,  Earl 

— ,  Lord,  162 

—  Alexander,  of  Northlield,  47,  369, 
374,  412,  413,  416;  Out  in  the 
'15,  322 

-  Alexander,  of  Troup,  in  Gamrie,  4 

-  Lady   Anne,    wife    of   (i)   Earl   of 

Moray,  and  (2)  Earl  of  Argyle,  4 


446 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Keith,  Elizabeth,  wife  of  George  Baird,  II. 
of  Auchmedden,  4 

•  George,  55 

—  George,  of  Northfield,  Justice  of  the 

Peace,  46,  60,  64,  72,   147,   148, 
159  ;  lands  held  by,  47  ;  on  valua- 
tion roll,  274 
Kield- Marshal  James,  fell  in  battle 

of  Hochkirchen,  173 
Sir   William,   of  Ludquharn,   lands 

owned  by,  32 
Kcithmore,  Laird  of,  on  valuation  roll,  277 

•  in  Mortlach,  Duff  of,  38 
Kemp,  William,  constable,  384 
Kempcairne  (Kempkairne,   Kemptcairne), 

Laird  of,  8,  148,  lS6,  200;  lands 
held  by,  II,  63 

•  Ogilvie  of,  II,  89 
Kenmuir,  Viscount  of,  77 
Kennedy,  Isobel,  249 

•  Isobel,  yr.,  248 
Kappoch,  on  valuation  roll,  278 
Ker  (Keir,  Kerr), ,  Mr.,  151 

•  Alexander,  in  1  lillside  of  P'ordyce,  1 82 

—  Mr.  Alexander,  of  Knock,  minister 

of  Grange,  43  ;  lands  held  by,  44 

•  Andrew,  45 
Bessie,  45 
Helen,  45 
Isobel,  45 
James,  45 

—  Mr.  John,  45 

—  Katherine,  45 
I'atrick,  45 
William,  29 

Killiecrankie  (Gillechranke),  battle  of,  76, 

77.  79.  '61,  185,  262 
Killmachleone   (Kihnachlie),    Lainl  of,   7, 

55,  64,  65,  75,  149,  160 
Killtack  uf  Kinermonie,  419, 
Kilminty,  Laird  of,  132 
Kinairdy  Bridge,  344,  356,  357 

Laird  of,  55,  58,  64,  65,  1 88 
Kinermonie  (Kenermonie),  Innes  of,  38 

Laird  of,  64 

King, ,   wife  of  George  Gordon  of 

Arradoul,  44 

Walter,  in  Newmylnes,  brewer,  225 
King's  College,  Aberdeen,  33,  44 
Kininvie,  Laird  of,  186 

Leslies  of,  34 

Kinloss  (Kingloss,  Abbacy  of,  32,  64 
Kinminitie,  Laird  of,  yr.,  148 
Kinminnitie,  Laird  of,  lands  owned  by,  in 
1664,  7,  43,  88,  221,  225 

•  Sutherlands  of,  12 

Kinnoul,  Earl  of,  300,  303,  307  note,  381 

—  Hays  of,  137 


Kinross,  representation  in  Parliament,  19 
Kintie,  Thomas,  in  Dreadlein,  weaver,  237 
Kintore,  included  in  Elgin  Burghs,  123 
Kirdels,  Grant  of,  238 
Kirkmichael  Parish,  418  ;  valuation  roll  of, 

278,  338 
Knockorth,  Laird  of,  292,  351,  352 

Lady's  Bridge  on  Burn  of  Boyndie,  353 
Laing  (Laynge),  John,  factor  for  Ferguslie, 

222 

Land  valuation  and  taxation,  old  and  new 
extent,  valuation  of,  1474,  and  of 
1634,   141  ;    land  tax  during  the 
Commonwealth,  142;  re-valuation 
in  1653,   143  sq.  ;  valued  rent  of 
1667,  the  basis  of  taxation  until 
Valuation  Act  of  1854,  145  ;  con- 
tributions   of    England    and    of 
Scotland  to  land  tax,  284,  397 
Landward  of  Banff,  valuation  roll,  274 
Larg,  Margaret,  in  Haddo,  251 
Lathers,  Laird  of,  lands  held  by,  64 
Lauder,  Helen  (Dowager  Lady  Banff),  wife 

of  James  Hay,  31 

Helen,  wife  of  (I)  George,  4th  Lord 
Banff,   (2)  Alexander  Gordon   of 
Glengerack,  357 
Law,  Mr.  Thomas,  of  Newtown,  162  ;   on 

valuation  roll,  273 

Lawtie,    Elizabeth,    wife    of    Mr.    George 
Dunbar  of  Castlefield,  294 

—  James,  of  Tochieneill,  letter  to,  from 

George  Leslie  of  Burdsbank,  163 
William,  in  (of)  Myrehous,  143,  144 
Leaders  uf  horse  in  Banffshire,  147 
Lecht,  the,  365,  366 
Leg,  Arthur,  in  Monblettoun,  weaver,  237 

—  Gilbert,    in    Invereichnie,    weaver, 

237 

—  James,  in  Avulds,  weaver,  237 
William,  in  Achmore,  constable,  408 

Legget,  George,  in  Bades,  weaver,  237 
Leith,  Alexander,  in  Whyntie,  181 
Leith-Hays  of  Leith-hall,  349 
Lemmen,  James,  in  Inshcorsie,  243 
Leslie,  Alexander,  see  Leven,  Earl  of 

-    (Lesly,  Leslye), ,  of  Eden,  8 

— ,  of  Kininvie,  147 

—  Alexander  (in)  of  Bachrome,  32,  35, 

36,  37  ;  on  valuation  roll,  277 

—  Alexander,  of  Kininvie,  34,  37,  225, 

227,  228,  234,  258,  259,  268,  364, 
370 

—  Alexander,  yr.,  of  Kininvie,  36,  37, 

ill 

—  Alexander,  at  Mill  of  Portlassies,  35 

—  Alexander,  of  Tullochallum,  35 


INDEX. 


447 


Leslie,  Alexander,  of  Upertulos,  273 

—  Colonel  A.  Y.,  of  Kininvie,  34 

—  Anne  Francisca,   wife  of  John  Roy 

Grant  of  Ballindalloch,  263 

—  Bathia,  wife  of  Dr.  James  Saunders, 

Banff,  297 

—  Elspet,  wife  of  Walter,  of  Tullich,  35 

—  George,  son  of  Patrick,  of  Melrose, 

297 

—  George,   of  Burdsbank  (ist  Laird), 

Councillor  of  Cullen,  Com- 
missioner to  Convention  of  Royal 
Burghs,  181 

—  George,  of  Burdsbank  (3rd  Laird), 

Sheriff-Clerk  of  Banffshire,  6,  70, 
72,  73.  98,  136,  140,  162,  175, 
178,  179,  180,  181,  182,  183,  184, 
186,  188,  189,  190,  194,  196,  199, 
203,  208,  233,  238,  252,  257,  294, 
296,  297,  401  ;  letters  from,  to 
Earl  of  Findlater,  149,  153,  154, 
1SS>  '57.  '58,  160 ;  to  James 
Lawtie,  163  ;  letter  to,  from  Earl 
of  Findlater,  152  ;  Collector, 
superseded  and  reinstated,  162, 
l65>  !79;  his  official  posts,  183; 
lands  held  by,  183  ;  imprisoned 
for  debt  to  the  town  of  Cullen, 
183;  his  family,  184 

—  George,  of  Doune,  on  valuation  roll. 

274 

—  George,  of  Drummuir,  34 

—  George,  of  Parkmore,  on  valuation 

roll,  277 

•  George,  of  Tullich,  36,  100 

—  Isabella,    mother    of   Archbishop 

Sharp,  35 

—  James,  son  of  John,  of  Kininvie,  37 

—  Sir  James,   Commandant  at  Inver- 

ness, 263 

James,  of  Kininvie,  162,  369,  389 
James,  of  Tullich,  140 
Mr.  James,  of  Tullich,  37,  III,  258, 

282,  297,  325,  329,  338,  342,  349, 

351,  367,  408,  411 

—  John,  of  Auquhorsk,  Justice  of  the 

Peace,  60 

—  John,  in  Cluniemore,  35 

—  John,  of  Enochs,  35 

—  John, of  Kininvie,  Justice  of  thePeace, 

32,  37,  60,  64,  65,  93,  in,  148 
John,  of  Kininvie  (6th  Laird),   35 

and  note  ;   lands  held  by,  92  ;   on 

valuation  roll,  277 
John,  of  Meyr  Clenie,  36 

—  John,  of  Mudhouse,  35 

-  John,  of  Parkbeg  (Parkbog),  35,  36, 

JO;  on  valuation  roll,  277 


Leslie,  John,  yr.,  of  Parkbeg,  35,  36 

Mr.  John,  of  Tullich,  100,  147,  162; 
lands  held  by,  92  ;  on  valuation 
ro"»  377 

—  John,  son  of  Walter,  of  Tullich,  36 

—  Margaret,  wife  of  Walter  Grant  of 

Arndilly,  288,  289 

Mary,  daughter  of  Patrick,  of  Mel- 
rose,  297 

Patrick,  123 

-  Count  Patrick,  of  Balquhain,  263 

—  Patrick  (Peter),   of  Melrose,   Clerk 

of  Supply,   Sheriff-Clerk   (son   of 
George  of  Burdsbank),  m,  117, 
121,  132,  184,  219,  259,  265,  285, 
289,  290,  292,  296,  297,  334 
Robert,  of  Findrassie,  lands  owned 

by,  181 

Walter,  of  Tullich,  31,  35,  36,  64 
William,  of  Burdsbank  (2nd  Laird), 
Scots    Commissioner,     heritor    of 
Old    Mill   of  Cullen,    147,    181  ; 
lands  held  by,  181,  182 

—  William  of  Melrose  (Melross),  297, 

358,  360,  362,  364,  366,  367.  369, 
37°,  378,  382,  385,  388,  412 
William,  of  (in)  Milton  of  Balvenie, 

35,  288 
Lesmurdie,  Laird  of,  5,  7,  64 

—  Steuarts  of,  25 

•  Strachans  of,  25 

Letach  and  Donnan,  on  valuation  roll,  278 
Lethen,  on  valuation  roll,  275,  280 
Letterfourie,  Gordons  of,  352 
Leven,  Earl  of,  Alexander  Leslie,  1st  Earl, 

34 

—  David,    Governor   uf   Edinburgh 

Castle,  82 

Levies  of  Horse  and  Foot,  of  1663-1696, 
184-186  ;  of  1696-7,  186  ct  s,/,/.  ; 
local  officers  qualified,  190 

Lilburne,  ,  Colonel,  142,  143 

Lillie,  William,  420 

Lindsay,  Janet,  379 

Linen,  manufacture  of,  stamp  masters  and 
places  for  stamping  appointed, 
290  ;  flax  growing,  bleaching,  and 
spinning  at  Cullen,  382 ;  legislation 
anent,  quantity  of  linen  exported 
from  Scotland,  405 ;  encourage- 
ment of,  in  Banffshire,  405,  406 

Linlithgow,  Earl  of,  170 

Lint  dressing,  404,  405 

Lintush,  Laird  of,  100 

Little  Cantly,  on  valuation  roll,  275 

Littlejohn,  ,  100 

Livingstone,  Sir  James,  of  West  Quarter, 
239 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Livingstone,  Sir  Thomas,  Commander-in- 
Chief  of  the  Forces,  78,  79,  82, 
83,  86,  89,  260 

William,  "comissary  for  furnishing 
the  Dragoons'  corn  and  straw," 
167,  168,  169 

Lobon,  John,  in  Ternemnie,  244 

Lochtervandich,  Cumines  of,  32,  33  and 
note 

Lockart,  Mr.,  306 

"  Lodging  of  Airlie  "  in  Duff  House  Gar- 
dens, 79,  107 

Longmuir,  Mr.  Alexander,  schoolmaster, 
419 

-  Andrew,  243,  419,  420 

James,  in  Portsoy,  constable,  409 
Lord-Lieutenant   and   Deputy-Lieutenants 

in  1715,  302,  303 

Lords  of  Justiciary,  attendance  of  Free- 
holders on,  protest  of  Freeholders, 
127,  286 

Lorimer,  Alexander,  in  Claymyres,  243 
James,  servant,  301 

-  John,  314.  315 

-  John,  servitor  to  Earl  of  Seafield,  135 
1'titer    (Patrick),    factor    to   Earl   of 

Find  later,  359,  360,  363,  365 
William,  chamberlain  to  Earl  of 
Findlater,  198,  281,  296,  298  ; 
letters  to,  from  Deskford,  Lord, 
3°3>  3°6i  307  ;  letters  to,  from 
Findlater,  Earl  of,  299-303,  314, 
316 ;  letter  to,  from  Ogilvie,  James 
of  Hoyne,  308 ;  letter  to,  from 
Philip,  John,  305  ;  letters  from, 
to  Deskford,  Lord,  306,  318  ; 
letters  from,  to  Findlater,  Earl 
pf,  315 

William,  in  Caldhame,  243,  244 
William,  in  Dytach,  316 

Louis  XIV,  of  France,  185,  305,  308 

Lovat,  Lord,  312 

Low,  Gavin,  in  Balnoon,  constable,  228 

Lumsden,  George,  brewer,  255 

-  George,    in     Monblettoun,    weaver, 

237 

Lyon,  Alexander,  son  of  John,  of  Muiresk, 
18 

-  John,   elder  of  Craigston,  Muiresk, 

and  Beldornie,    17 
John,  of  Muiresk,  lands  owned  by, 

19 

—     John,  younger,  of  Muiresk,   17,  18, 
19 

Macduff,  Lord,  392 
Macer,  see  Messer 
MacGill, ,  Colonel,  188 


McGregor,  John,  88 

Patrick  Roy,  17,  18,  and  note 
Macintosh  (Mclntosch),  Lauchlan,  17 
Mclntosh,  Lauchlan,  of ,  147 

•  Lachlan,  merchant,  Elgin,  310 
Mclver,  William,  187 

MacKay,  Major-General  Hugh,  letters 
anent  Sir  George  Gordon  of 
Edenglassie,  75,  76,  86,  90,  161  ; 
recruits  in  Scotland  in  1689,  184  ; 
letter  to,  from  Jacobites,  262,  263 

Mackenzie,  Colin,  of  Pluscarden,  38 
Thomas,  of  Pluscarden,  38 

McKenzie,  Hector,  soldier,  397,  398 
K.,  88 

Mackie,  George,  factor  to  Lord  Deskford, 

338,  340,  344.  347.  353 
Mackonachie,  John,  mason,  369 
McLean,  Alexander,  391,  394 

McLeod, ,  416 

Macpherson,  Alexander,  189 

James,  freebooter,  104,  294 
McPherson,  Lachlan,  servant,  242 

Paul,  of  Knocken,  on  valuation  roll, 

273 
Mair,  Gilbert,  of  Awalds,  143 

•  James,  at  Overmylne,  brewer,  224 
William,  403 

William,  servant  to  Corskie,  251 
Maitland,  Richard,  72 
Malcolm,  Mr.  George,  schoolmaster,  418, 

419 
Malt  Tax,  332  ;  extension  to  Scotland,  131, 

403  ;    tax    imposed,    consequent 

riots,  404 
Mar,  Earl  of,  21,  129,  137 

—  Earl  of,  John,  109  ;  regiment  raised 

by,  121,  185  ;  out  in  the  '15,  302, 

305,  309  ;  Commander  of  Jacobite 

Forces,    letter   from,   calling   out 

militia,  and  imposing  tax,  310,  311 

Margaret,  first    wife    of  Mr.  James 

Gordon,  parson,  of  Rothiemay,  17 

Marischal  College,  fights  with  students  of 

King's  College,  331 

—  Countess,     Marie     Drummond     or 

Keith,  letter  from,  to  Earl  of 
Findlater,  173 

•  Earl  of,  (Keith),  126,  130,  147,  162, 

188,  197,  228 ;  lands  owned  by, 

7,  63,  119  ;  on  valuation  roll,  277 

— ,  loth  Earl,  involved  in  Jacobite 

Landings  on   West   of  Scotland, 

138,  173 

—  George,  8th  Earl,  47  ;   his  politics, 

78 ;  on  commission  to  visit  Scottish 
Universities,  78  ;  lands  held  by, 
90,  99;  his  death,  172 


INDEX. 


449 


Marischal,  William,  145,  252,  281 

—  William,  4th  Earl,  4 

—  William,  gth  Earl,  172,  173 
Mark,  ,  Baillie,  55 

—  (Mart),    John,     Provost    of    Banff, 

Sheriff-Depute  of  Banffshire, 
Commissioner,  134  sy,,  136,  138, 
265,  286,  292,  297,  298,  301  and 
note;  superseded  as  Sheriff-Depute 
319;  superseded  as  Provost,  321, 

325.  329 
Market  prices  of  bear  and  barley,  1696-7, 

189 
Marlborough,  Duke  of,  John  Churchill,  1st 

Duke,  131 
Marnoch  Churchyard,  130 

—  Kirk,  road  from,  to  Banff,  340,  341, 

379,  380,  390;  to  Hill  of  Cramond, 

385 

—  Parish,  338 

Mary,  wife  of  (i)  Alexander,  3rd  Earl  of 
Callander,  (2)  Sir  James  Living- 
stone of  West  Quarter,  (3)  Boyne, 
Lord,  239 

Masham,  Abigail,  Lady,  131 

Mason,  George,  factor,  385 

Massie,  Alexander,  in  Greinley,  shoemaker, 

237 

—  Andrew,  in  Northfield,  taylor,  237 
Mawet,  John  ofGolachie  Mill,  on  valuation 

roll,  270 

Maxwell,  James,  282 
Mayen,  Laird  of,  on  valuation  roll,  271 
Mearns,  167,  168 
Measone,  William,  in  Cushnie,  constable, 

228 
Meldrum,  ,  of  Lathers,  lands  held  by, 

91 

—  Mr.    George,     minister    of    Glass, 

Laird  of  Crombie,  Marnoch,  39, 
72,  IOO,  162  ;  lands  held  by,  91  ; 
on  valuation  roll,  271 

—  Isobel,   wife  of   Alexander  Gordon 

of  Auchintoul,  287 

—  Jean,  wife  of  Jas.   Duff  of  Crombie, 

35° 

—  Margaret,   wife  of  James   Ramsay, 

in  Melrose,  32 

—  Peter,    of   Lathers,    Justice    of   the 

Peace,  60 

—  Peter,  of  Lichnet,  60,  143 
Melville,  Earl  of,  George,  Lord  President, 

103 

Menie,  John,  procurator  fiscal,  294 
Mercer  (Macer,  Merser,    Meser,   Messer), 
Mr.  Thomas,  of  Todlaw,  46,  64, 
65,  75>  93,  ni>  "4;  lands  held 
by,  91  ;  on  valuation  roll,  275 


Meyen,  Abernethie  of,  24,  see  Mayen 
Militia  of  Scotland,   levies  in   Banffshire, 
160,   177  ;  number,  appointment, 
and  obligations  of  levies  in  1663, 
184  ;    regiments  recruited  at  the 
Revolution,    184  ;    levy   of    1693 
and  of  1695,   lSS;   Act  of  1663, 
provisions  of,  185  ;  called  out  by 
Jacobites,  310 
Mill,  Alexander,  242,  338 

-  Alexander,  at  Mill  of  Alvach,  249, 

408,  409 

-  Alexander,  factor  for  Duff  of  Bracco, 

138 

Elspet,  at  Scotsmylne,  brewer,  255 
George,  in  Paddocklaw,   constable, 

409 

James,  365 

James,  at  Mill  of  Boyndie,  403 
John,  in  Monblaiton,  constable,  409 
Robert,  242 

Robert,  in  Rothiemay,  243 
William,  in  Dunlugus,  255 
Millegen  Bridge,  341,  343 
Milne    (Mylne),    Alexander,    at    Mill    of 

Alvach,  constable,  227,  384 
James,  at  Mill  of  Boyndie,  420 
John,  at  Boyndie,  347 
Minimor,    Letach,    and    Overdounen,    on 

valuation  roll,  278 

Minutes,  book  of  Barons  and  Freeholders 
of  Banff,  i ;  book  of  Commissioners 
of  Supply,  178,  329;  authentica- 
tion and  date  of,  197 
Mitchell,  James,  249 

James,  of  Achanacic,  130 
Walter,     lands    held    by,    92  ;    on 
valuation  roll,  279 

-  William,  in  Inshcorsie,  243 
Moir,  Alexander,  smith,  394 
Moncrieff,  Sir  Thomas,  213 
Monk,  George,  General,  5,  181 
Monro,  see  Munro 

Moray  (Murray),  Bishop  of,  32.  64;  lands 

held  by,  93 ;    on   valuation  roll, 

275 
Earl  of,  James  Stewart,  Regent  of 

Scotland,  4 

More,  Barbara,  brewer,  258 
Morgan,  Magnus,  in  Doune,  brewer,  255 
Morison,    Alexander,    of  Glashauchs,    on 

valuation  roll,  276 
Morrison  (Mooresone,  Moresone) 

— ,  of  Bognie,  lands  held  by,  91 

—  Alexander,  brewer,  225 

-  Alexander,  weaver,  237 

—  James,  249 

—  Patrick,  schoolmaster,  296 


45° 


RECORDS   OF   THE    COUNTY   OF    BANFF. 


Morrison,  Robert,  in  Rathen,  brewer,  258 

Mortimer  (Merlimer),  George  of  Auchin 

badie,  143  ;  on  valuation  roll,  276 

—  Robert,  brewer,  225 

Mortlach    Parish,  418  ;    valuation   roll   of, 

2/7.  338 

Morton,  Earl  of,  87 
Muggach,  Alexander,  brewer,  173 
Muirden,  31 
Muiresk   (Muirhouse),    Lyons   of,    8,    17  ; 

Laird  of,  24 
Muldavit,  Hays  of,  30 
Munro(Monro),  Alexander,  in  Backlaw,  41 9 

—  Helen,  of  Miltoun,  wife  of  William 

Leslie  of  Burdsbank,  181,  182 
James,  in  liachlay,  brewer,  261 
Murdo,  John,  in  Tarlair,  weaver,  237 
Mureson,  Edward,  in  Melross,  weaver,  237 
Murray,  John,  244 

John,   in  Inschcorsie,  taylor,  244 
Lord  John,  see  Atholl,  Duke  of 

—  Lady    Mary,    wife    of  James,    Lord 

Desk  ford,  381 
Thomas,  236,  379 
Lt.-Col.  William,  187,  188 
William,    portioner    of  Drumquhir- 

riche,  35 

Nairn,  Thomas,  of  Morinsh,  on  valuation 

roll,  279 

Narva,  siege  of,  128 

Navie  and  Tombea,  on  valuation  roll,  278 
Neil,  Patrick,  on  valuation  roll,  279 
Neill,  John,  lands  held  by,  92 

John,  in  Grange  Parish,  51 
Netherdale,  Gregories  of,  23 
Netherdales,  Laird  of,  351 
Newbyth,  Bairds  of,  5 

Lord  (Sir  John  Baird),  5,  6 
New  Mill,  Burgh  of  Barony,  213;  tax  paid 

by,  215 

New  Park  (Newtoune  of  Park),  213;  pay- 
ment to  tax  roll  of  Royal  Burghs, 
21  s;  road  to,  339,  340,  345 
Niellson,  George,  servitor  to  Earl  of  Sea- 
field,  135 

Northfield,  Keith  of,  47 
Laird  of,  350,  351 
Nuckoll,  Alexander,  in  Bades,  weaver,  237 

—  John,  in  Protstoun,  shoemaker,  237 

—  John,  in  Protstoun,  weaver,  237 

Oaths  of  Allegiance  and  Assurance,  taken 
by  Commissioners  of  Supply  and 
Justices  of  the  Peace,  229,  233, 

234,  235 

Ochiltree,  Lord,  38 
Ogilvie  (Ogilvye,  Ogilwie) 


Ogilvie,  ,  Major,  148 

— ,  of  Cantley,  149,  160 

— ,  of  Kempcairne,  II 

— ,  yr.,  of  Kempcairn,  149,  159 

•  Captain    Alexander,    son    of  Lord 

Forglen,  334 

•  Sir  Alexander,  see  Banff,  Lord  (7th 

Lord) 

•  Sir  Alexander,  of  Forglen,  see  For- 

glen, Lord 

•  Alexander,  of  Kempcairn,   n,   12, 

>45 

Alexander  II.,  of  Kempcairn,  II 
Alexander,  yr.,  of  Kempcairn,  12,89 
Mrs.  Anna,  sister  of  Alexander,  of 

Kempcairn,  12 

•  Archibald,  of  Rothiemay,  298 

Mr.  Archibald,  of  Rothiemay,  297, 
340,  342,  344,  345,  347,  355,  364 
Lord  Charles,  IOO 

•  Christian,  wife  of  Sir  James  Baird, 

V.,  of  Auchmedden,  5 
Lord  David,  146 
Elizabeth,    sister   of  Alexander,    of 

Kempcairn,  1 1 
Elizabeth,  wife  of  Henry  Urquhart, 

16 
Frederick,     chamberlai"     to     Lord 

Desk  ford,  143 

•  George,  see  Banff,  Lord 

George,    brother   of  Alexander,    of 

Kempcairn,  1 1 
Sir  George,  of  Carnousie,  6 1 

•  Sir  George,  of  Dunlugus,  16 
James,  see  Deskford,  Lord 
James,  55,  294  ;  on  valuation  roll, 

276 

James,  Baillie,  402 

James,  Collector,  money  deficit  and 
liability  of  his  cautioners,  corres- 
pondence anent,  155  et  iy</.,  289 

James,  merchant,  in  Edinburgh,  22 

James,  of  Baldavie  (Poldavie),  III, 
126,  148,  159,  162,  329,  387  ; 
lands  held  by,  91,  115  ;  on  valua- 
tion roll,  272 

James,  of  Boyne,  letter  from,  to 
William  Lorimer,  308  ;  call  to 
Jacobites  to  rally  at  Gallowhill, 
3«2 

—  James,  of  Boyne,  yr.,  elected  Com- 
missioner of  the  Shire,  no  et  sqq., 
Ill  ;  lands  held  by,  116,  117,  121, 
122,  123,  124,  235,  238,  258,  259, 
260,  268,  281,  289,  301  ;  opposes 
Union,  takes  part  in  Jacobite 
intrigues,  123,  137  ;  his  estates 
in  Earl  of  Seafield's  hands,  123 


INDEX. 


451 


Ogilvie,  Sir  James,  yr.,  of  Boyne,  107 

—  James,  of  Logic,  236,  258,  282,  286, 

292,  359 

—  James,  of  Melrose,  371,  378 
James,  of  Netherdale,  148 

-     Captain  James,  of  Netherdale,  72 
James,  in  Newtoun,  236,  249 
James,  in  Newtoun,  constable,  227 
James,  of  Poldavid,  258 
James,  of  Kothiemay,  360 

—  Sir  James,  son  of  3rd  Earl  of  Find- 

later,  Sheriff- 1'rincipal  of  Banrf- 
shire,  later  Earl  of  Seafield  ; 
elected  Commissioner  Tor  Cullen, 
70,  71  ;  position  in  Bnnffshire  and 
at  Court  of  William  III.,  79  ; 
influence  and  power,  93  ;  interest 
in  local  affairs,  94  ;  designed  "of 
Churchill,"  94,  162,  164,  165  ; 
expenses  as  Commissioner,  94 ; 
Member  of  Parliament  for  Cullen, 
94  ;  Solicitor  in  Scotland,  95, 
100  ;  Warrants  for  his  Com- 
mission as  Sheriff-  Principal  of 
Banffshire,  95  sg.  ;  Seafield  estates 
built  up,  and  barony  of  Ogilvie 
redeemed  by,  100  ;  on  valuation 
roll,  271 

—  Sir  James,  see  also  Seafield,  Earl  of 
John,  55  ;  on  valuation  roll,  279 
John,    Baillie    of    the    Regality    of 

Ogilvie,  367,  368,  369,  370,  374, 
377,  4i6 

John,  Collector  of  Customs,  Inver- 
ness, 220 

—  John,  creditor  of  Earl  Findlater,  100 
John,  Ensign,  189 

—  John,  of  Cantlic,  lands  held  by,  92  ; 

on  valuation  roll,  280 
John,  of  Kempcairn,  loo,  146,  149, 

159,  162,  259,  325,  339,  340,  344  ; 

lands  held  by,  91  ;   on  valuation 

roll,  274 
|ohn,  of  Kempcairn,  elder,  n,  12 

—  John,  of  Kempcairnc,  younger,  12, 

'43,  '44 
John,  of  Kincardine,  281,  332 

—  John,    of   Milton    (Milneloun),    18, 

148 

—  Katherine,  wife  of  Sir  John  Gordon 

of  Park,  9 

•     Mrs.  Margaret,  sister  of  Alexander, 
of  Kempcairn,  n 

—  Mary,  of  Milltoun,   Keith,  wife  of 

Charles,  Lord  Ogilvie,  87 

—  Lady  Mary,  wife  of Leslie,  184 

—  Patrick,  280 

—  Patrick,  brother  of  Earl  of  Seafield,  6 


Ogilvie,  Patrick,  of  Halyards,  on  valuation 

roll,  276 
— •     Patrick,  of  Murie,  22 

Mr.  Patrick,  of  Pittenbrinning,  162 

-  Sir    Patrick,    of  Boyne   (later  Lord 

Boyne),  election  as  Commissioner 
of  the  Shire,  47,  53,  58,  100,  in, 
117,  121,  126,  146,  148,  154,  159, 
162,  181,  182,  188  ;  Justice  of  the 
Peace,  60;  lands  held  by,  91,  115; 
seat  as  Commissioner  for  the 
Shire  declared  vacant  for  non- 
attendance,  98  ;  his  estates 
acquired  by  Earl  of  Seafield,  128 

Robert,  son  of  Alexander,  of  Kemp- 
cairn, 89 

Thomas,  13 

Thomas,  in  Bogtoun,  148,  159 

Thomas,  Provost  of  Banff,  Chamber- 
lain to  Earl  of  Airlie,  146,  149, 

'Si 

Walter,  of  Ardoch,  347 
Walter,    of  Badenspink,    359,    364, 

369,  370,  374,  4" i.  4'6 
Walter,  of  Ualdavie,   143,  144,  379 
Walter,  of  Boyne,  5,  34,  145;  poli- 
tical activities,  20  ;    lands  owned 
by,  21,  22 

Walter,  of  Culphin,  360 
Walter,  of  Dunlugus,  16 
Major  Walter,  of  Kaggell,  143,  144, 

'47 

Walter,  of  Keitlhyth  (of  Bankhead), 
32  ;  benefactions,  33  ;  lands  held 

Ijy,  33,  34 

-  Sir  Walter,  of  Findlater,  see  Desk- 

ford,  Lord 
William,  on  valuation  roll,  272 

—  William,  Baillie  of  the  Regality  of 

Strathisla,  369 

William,  merchant,  in  Banff,  392 
William,  of  Bachlaw,  338  and  note 
William,  yr.,  of  Bachlaw,  46 
Ogilvies  of  Airlie,  5 

-  of  Boyne,  5 

Old  Chevalier,  The,  129,  137 

Oliphant,  Lord,  75,   126,  148;  lands  held 

by,   63,   128;   on  valuation   roll, 

272,  275 

-  Charles,      his      imprisonment     and 

liberation,  86,  89  ;  lands  held  by, 

91 

Patrick,  87 

-  William,  88 
Ord,  John,  249 

John,  servant,  246 

—  John,  of  Findochty,  Bailie  of  Cullen, 

153  and  note,  163,  362,  369,  412 


452 


RECORDS   OF   THE   COUNTY   OF    BANFF. 


Ord,  John,  of  Findochty,  338  ami  note 
William,  344 

—  William,  of  Findochty,  125  and 'note, 

301  ;  on  valuation  roll,  270 
William,    of  Findochtic,   Baillie  of 

Cullen,  282,  412 
William,  in  Kirktoun  of  Deskford, 

347 

Ordewhill  (Ordequhil)  Parish,  338,  418 
Ordinhuiffes,  II 

Orleans,  Duke  of,  Regent  of  France,  305 
Oswald,  Mr.,  general  receiver,  162 

-  Sir  James,  farmer  of  the  I'oll  tax, 

202,  207,  208,  209,  210 
Oxford,  Earl  of,  Robert  Harley,  131 

P.,J.,  306 

I'almer,  Henry,  of  Ailhouscroft,  on  valua- 

ation  roll,  275 

Parish  constables,  appointment  of,  408 
Parishes  and  parish  overseers,  338 
Park,    Gordons  of,    8,    IOI  ;  their  Orange 

sympathies,  88 
Lady,  elder,  148 
Laird  of,  13,  48,  54,  55,  75,  188  ; 

lands  owned  by,  7,  9,  63 
Paterson,  Alexander,  in  Thorneybank,  321 
James,  collector,  215 

—  Robert,      Principal     of     Marischal 

College,  295 
William,  of  Orran,  on  valuation  roll, 

270 

Path-head  Uridge,  356,  362 
Patton,  George,  177 
Peacock  (Pecock),   Mr.  George,  regent  in 

Marischal  College,  295,  and  note, 

331 

Perth,   Earl  of,  James,    Lord  Chancellor, 

62,  173 

Peter  the  Great,  Czar  of  Russia,  128 
Petrie,  James,  in  Inchdruer,  constable,  408 
Pettendreich,  William,  in  Corskellie.  242 
Petterden,  340,  342,  362 
Philip  V.  of  Spain  (Duke  of  Anjou),  109 
Philorth,  Laird  of,  148 

Laird  of,  younger,  147 
Philp,  John,  Deputy  Auditor  of  Exchequer, 

292,    298,    315,    and   note,    320  ; 

letter  from,  to  Lorimer,  William, 

305 

—  Findlater,  Earl  of,  319 

John,  servant  to  Garden  of  Troup, 
376 

-  John,    shoemaker    in    Seatown    of 

Cullen,  237 

-  John,  tayleor  in  Alvach,  237 
Phin,  Alexander;  of  Nether  Achanasie,  on 

valuation  roll,  275 


Phin,  James,  on  valuation  roll,  276 
Piper,  John,  in  Oldtown  of  Melrose,  con- 
stable, 409 

Pitlurg,  Laird  of,  148 
Pittendreich,  Laird  of,  351 
Pittriffnie  parish  (PBotriphnie),  338 
Plummer,  Gavin,  General  Receiver,  291, 

292,  325 

Pluscarden,  Laird  of,  lands  held  by,  32 
Pocock,  Bishop,  on  linen  manufacture  in 

Banff,  406 

Poll   tax,    graduated,    in    Scotland,    146 ; 
districts  of  BanfTshire  for  collec- 
tion, 200;  history  of  its  imposition 
and  incidence,  200,  et  sqq.;  penal- 
ties on  deficients  and  on  negligent 
collectors,  202  ;  poll  lists  of  1698, 
212,  222  ;  action  by  tacksman  of, 
for  quadruple,  225 
Pollock,  Laird  of,  262 
Polwarth,  Lord,  Patrick,  Chancellor,  103 
Porter,  George,  shoemaker  in  Fortrie,  237 
Portsoy,  unfree  traders,  and  quartering  in, 
195;  burgh  of  barony,  213;   tax 
paid  by,  215  ;  roads  to,  339,  340, 
380,   391,    392,    393!   neglect   of 
roads,  345,  372 

Postal  service,  248,  253,  254 ;  Act  of 
Parliament,  establishing  general 
post  for  Scotland,  402  ;  Banff  to 
Elgin,  arrangement  for  current 
news,  310;  Banff  to  Keith,  Edin- 
burgh and  elsewhere,  222,  226  ; 
extra  post  from  Banff  to  Aberdeen, 

293 

Prendergrass,  Colonel,  Irishman,  129 

Prices,  fees  and  wages,  241-247 

Priest,  William,  shoemaker  in  Ratanach, 
244 

Pringle,  James,  weaver  in  Middletown,  237 
Robert,    Under-Secretary  for  Scot- 
land, letter  from  quoted,  104 
William,  weaver  in  Reidloup,  237 

Prisoners,  provision  for  cost  of  transport  of, 

Proctor,  Mr.,  388,  389 

Quartering  on  the  shire,  letters  anent,  190- 

192,  198 
Queensberry,  Duke  of,  James,  Lord  Privy 

Seal,  68,  103 
Quoir,  the,  31,  341 

Rae,  Isobel,  wife  of  David  Cruickshank  of 

Balnoon,  23 
Raffen  Parish  valuation  roll,  270,  338,  368, 

370 
Raggall,  Laird  of,  329 


INDEX. 


453 


Rainey,  George,  in  Crana,  391 
Raith,  Laird  of,  170 

Ramsay,  Lt.-Gen.  George,  cess  imposed  to 
pay  arrears  due  to,  284 

—  James,  in  Melrose,  32 

—  James,  schoolmaster,  420 

—  Mrs.  Jean,  widow  of  Lt.-Gen.  Geo. 

Ramsay,   cess  due   to,  284,  285, 
287 

-  John,   of  Laithers  (Lathers),    in; 

lands  held  by,  115,  238,  258,  259 

-  John,  of  Melrose,  47,  64,  162  ;  lands 

held  by,  32,  92  ;  on  valuation  roll, 
274 

—  Margaret,  of  Melrose,  wife  of  Patrick 

Leslie,  184,  296 
Ranald,  Dun.,  96 
Ranie,  Abraham,  weaver,  in  Melrose,  237 

—  George,  brewer,  in  Cranno,  256 
Rannas,  Hays  of,  30,  65,  348 

—  Laird  of,  lands  held  by,  64 
Rathven  (Katvein),  Burgh  of  Barony,  214  ; 

payment    to    tax    roll    of    Royal 
Burghs,  215 

—  Parish,  418 

—  Parson  of,  32,  64,  93 
— •    John,  soldier,  68 

Rattanach  (Ratanach)   Bridge,    355,    360, 

370 

Rattray,  Gumming!  of,  33 
Real  Estate,   method  of  conveying  before 

Entail  Act  of  1685,  20 
Recruiting  Methods,  402 
Regality,  definition  of,  248 
Reid,  Sir  Alexander,  363,  364 

—  Sir  Alexander,  of  liarrn,   M.P.  for 

Elgin  Burghs,  352,  369,  371,  411, 

4'3 

—  Alexander,  of  Barra,  younger,  299 

—  Alexander,    of   Bogs,   on   valuation 

roll,  270 

—  George,  in  Broom  of  Kindlater,  con- 

stable, 408 

—  George,  in  Smiddietoun,  weaver,  237 

—  James,  factor  to  Garden  of  Trou|>, 

374 

James,  younger  of  Barra,  371 

—  Mr.  James,  at  St.  Fergus,  418 
John,  in  Mill  of  Durn, constable,  409 

-  John,  in  Rattnodie,  weaver,  244 

—  Patrick,   Collector  of  Excise,   257, 

258 

Reidhythe,  Ogilvie  of,  33 
Retanach,  see  Rattanach 
Revolution,  The  (1688),  preparations  and 

events   in    BanrTshire,   61   et  sqq.-, 

67   sgq.  ;    county  government    of 

BanrTshire  during,  75 


Khind,  Alexander,  mason,  363 
Riach,  John,  in  Tamachlaggan,  420 
Ribra  Bridge,  352,  360 
Ritchie,  John,  in  Turtrie,  brewer,  256 

William,  in  Turtrie,  250 
Roads  and  Bridges,  statute  law  for  their 
management  and  maintenance, 
56  ;  entries  anent  in  minute  books, 
58,  59  ;  assessment  for,  collected 
by  Commissioners  of  Supply,  151  ; 
road  administration,  1710-1760, 
statute  labour,  introduction  of 
wheeled  traffic,  329,  330  ;  code  of 
road  management,  335-337  ;  road 
rate  imposed  (1722),  337  ;  parish 
overseers  appointed,  338  ;  main 
lines  of  roads,  339  ;  bridges  there- 
on, 340,  341  et  .<•</</.  ;  parish  over- 
seers discontinued,  342  ;  general 
overseer  appointed,  344  ;  statute 
labour,  resistance  to,  345,  346; 
applicant  for  public  money,  for 
bridge  building,  to  uphold  bridge 
for  20  years,  359  ;  encroachments 
on  public  roads,  363,  367,  371  ; 
highway  money  discontinued 
on  ing  to  poverty  after  the  '45, 
376,  377,  380  ;  Banfi'shire  roads  in 
1746— journal  of  an  English  med- 
ical officer,  quoted,  378  ;  highway 
money  imposed,  379,  381  ;  main 
lines  of  roads  in  Banlfshire,  380  ; 
soldiers  hired  for  road  making, 
383  ;  Rogue  money  devoted  to 
roads,  383,  384  et  .:<///.  ;  efforts  to 
reduce  expense  of  road  making, 
387  ;  Highway  money  and  Rogue 
money  in  1760,  393,  394;  roads 
and  road  makers,  1751-1760,  394 
et  sqi].  ;  parochial  system  adopted, 
anil  given  up,  395  ;  see  also  names 
of  bridges,  and  under  names  of 
towns 
Robertson,  George,  in  Ribra,  338,  360 

John,  403 
—     Thomas,    in    Scotstown,    constable, 

409 

\Villiam,  in  Hoarstone,   brewer,  255 
William,  of  Newsead,  146 
Robieson,  George,   in  Bankanentim,  con- 
stable, 409 
Rogue  money,  uses  of,  403;  annual  amount, 

408;  re-imposed,  415 
Roll  of  Barons  and  Freeholders,  6 
Rosebery,  Earl  of,  travels  in  a  cart,  125 
Ross,  Helen,  44 

James,  of  Allanbuie,  44 

James,  in  Fortrie,  constable,  228 


454 


RECORDS   OF   THE    COUNTY   OF    BANFF. 


Ross,  James,  servitor  to  Earl  of  Seatielcl,  135 
Jean,  wife  of  Mr.  Alex.  Gregorie,  23 
John,  of  Allanbuy,  out  in  the  '15, 

322 
John,  of  Curidoun,  on  valuation  roll, 

270 

Kothemey,  see  Rothiemay 
Rothes,  Earl  of,  John,  gth  Earl,  260 

Earls  o(,  34 

Rothiemay  (Rothemey),  Barony  of,  15  ; 
liurgh  of  Barony,  213  ;  payment 
to  lax  roll  (if  Royal  Burghs,  215  ; 
I'arish,  418  ;  fees,  wages,  and 
prices  in,  242-244  ;  valuation  roll 
of,  271,  338,  347  ;  roads  to  Port- 
suy,  380;  Banff,  384;  Milne  of 
Slrathisla  and  Keith,  385 
Gordon  of,  101 

—  Gordons  of,  Orange  sympathies,  88 
House,  379 

Laird  of,  lands  held  by,  7,  8,  13,  63 

Tutor  of,  1 88 
Roxburgh,    Duke    of,   John,    Secretary   of 

State  for  Scotland,  118,  401 
Roy,  John,  in  Auchinhandock,  17 

Patrick,  17,  18;  town  of  Keith  seized 

l>y,  43 

Royal  Burghs,  their  trade  privileges,  com- 
promise with  other  burghs,  195, 
215;  prisons  to  be  provided  and 
maintained  by,  401 

Ruddiinan  (Rudieman),  John,  in  Boig  of 
Monblairy,  constable,  409 

—  Thomas,  at  Mill  of  Crombie,  brewer, 

256 
Ruddoch,  Adam,  on  valuation  roll,  279 

IJaviil,  of  Korlrie,  on  valuation  roll, 

279 

George,  on  valuation  roll,  271 
Janet,  in  Inchcorsie,  243 
John,  lands  held  by,  92 
John,  elder,  in  Achincreivc,  243 
John,  yr.,  in  Achincreive,  243 
John,  of  Burnside,  51  ;   lands  held 

by,  92 

—  John,  of  Forlrie,  51 

John,  of  Mudhall,  on  valuation  roll, 

279 

Margaret,  on  valuation  roll,  279 
William,  lands  held  by,  92 
William,  in  Rattanach,  243 
Russell,    Alexander,    of   Montcoffer,    316, 

379,  38°,  3**l 

—  Helen,  251 

Peter,  of  Inveruchnie,  on  valuation 

roll,  276 
Peter, of  Montcoffer  (Moncoffer),  64, 

ill,  258,  286;  lands  held  by,  92 


Rutherford,    Robert,    General    Receiver's 

factor,  240 

Ryland,  Laird  of,  lands  owned  by,  7 
Kyswick,  peace  and  treaty  of,   103,   104, 

106,  108,  192 

St.  Fergus,  bridge  at,  332,  374 
St.  Fergus  and  Fetterangus  parish,  338,  418 
St.  Germains,  Stuart  Court  at,  79 
Salmon  cruives,  regulations  anent,  60 
Saltoun,  Master  of,  lands  held  by,  63,  146 

Sanders, ,  Haillie,  58 

I'eter,  174 

Robert,     of    Cluny,    on    valuation 

roll,  272 
Robert,  of  Stonielay,  on   valuation 

roll,  276 

Snuchtonhall,  Bairds  of,  5 
Schoolmasters,    parochial,    method    of 

appointment  and  salaries,  399 
Scots  Parliament,  Commissioners  to,  1,3,  10 
Scotsmilne  bridge,  340 
Scott, ,  Mr.,  of  Preston,  210,  211,  212 

•  Andrew,  in  Parrock,  weaver,  244 
Seah'ekl,    Countess    (Anna    Ogilvie),    her 

letters,  quoted,  124,  125  211,  212 
1st  Earl  of  (Sir  James  Ogilvie,  4th 
Earl  of  Find  later,  Lord  High 
Chancellor  of  Scotland),  6,  119, 
120,  121,  125,  128,  135,  139,  165, 
166,  187,  198,  208,  209,  210,  258, 
287,  295  296,  33i,  332,  333,  348, 
349,  372,  373,  395 

-  Joint  Secretary  of  State  for  Scotland, 

102,  103 ;  Sole  Secretary  and 
Lord  President,  104  ;  created 
Viscount  Seafield,  104  ;  Earl  of 
Seafield,  108 ;  efforts  to  settle 
Darien  affair,  107  ;  Commissioner 
to  General  Assembly  of  Church  of 
Scotland,  107  ;  Secretary  of  State 
and  Sheriff  of  Banffshire  under 
Queen  Anne,  HO,  1 18;  Chancellor 
of  Scotland,  117,  1 18;  Chief 
Baron  of  Exchequer  in  Scotland, 
and  Lord  High  Chancellor  of 
Scotland,  126;  succeeds  his  father 
as  Earl  of  Findlater,  127  ;  votes 
for  dissolution  of  the  Union,  is 
dropped  from  list  of  representative 
peers,  131 

Earl  of,  attempts  to  strengthen  his 
father's  affairs,  152;  letters  there- 
anent,  156,  157  ;  letters  from,  to 
Earl  of  Findlater,  156,  157,  161, 
20 1 

Seaforth,  Earl  of,  312 

Seaton,  William,  of  Todlaw,  31 


INDEX. 


Seivewright,  William,  in  Parrack,  243 

Servants,  fees,  meetings  of  Commissioners 
of  three  districts  of  the  shire,  222, 
226  ;  regulation  of,  by  Justices  of 
the  Peace,  226 ;  penalties  for 
contravening  regulations  anent, 
234,  242,  243;  re-engagement, 
regulation  anent,  246;  gratuities 
to,  illegal,  246  ;  measures  against 
idle  persons  lying  out  of  service, 
248-251  ;  to  engage  for  one  year, 
251  ;  fleeing  to  another  shire,  252 

Shand, ,  Provost  of  Banff,  356,  357 

-     Alexander,  in  Kogtown,  34 

Sharp,  Alexander,  in  Inchcorsie,  weaver, 
244 

—  James,  Archbishop  of  St.  Andrews, 

5-  35 
Robert,  in  Inshcorsie,  243 

—  Robert,  Sheriff  Clerk  of  Kanffshire, 

brother  of  Archbishop  Sharp.  5 
Shaw,  Donald,  295 
Shawheld  riots  in  Glasgow,  404 
Shearers'  fees,  246 
Shepherd,  James,  in  Craibston,  181 

John,  of  Midskeith,  21 
Sheriff,  office  and   remuneration  of,  3  ;  Sir 

John  Skene  on,  3 

Sheriffmuir,  battle  of  (1715),  129,  310,  311 
Shie,  Andrew,  in  CornUairne,  brewer,  261 
Shirren,  Janet,  249 

—  Mary,  250 

Shoes,  prices  for  making  in  1700,  219  ;  in 
1702,  325  ;  tanning  of  leather, 
246  ;  annual  fair  for  prices,  247 

Sibbald,  Helen,  wife  of  Sir  John  Gordon  of 
Park,  15 

—  Mr.  James,  minister  of  Keith,  312, 

and  note,  3 1 3 
Sir  James,  of  Kainkiller,  15 

Sim  (Sime),  see  Syme 

Simpson,  Alexander,  in  Myreside,  brewer. 

256 

James,   in   Blairshmach,   constable, 
227 

Simson, ,  Mr.,  157 

Sinclair,  George,  of  Huddoniill,  on  valua- 
tion roll,  273 

Skaikells,  Janet,  45 

Skene,  Sir  John,  on  sherifts,  3 

Skinner  (Skiner),  Mr.  James,  in  Thripland 
(Thriepland?),  22 

—  Mr.  John,  minister  at  Keith,  ijuoteii, 

3°9.  31° 
Skirdustan   Parish,  418;  valuation  roll  of, 

279.  338,  39°,  392 

Slorach,  John, in  Auchincleich,  shoemaker, 
244 


455 

Smart,   Alexander,  of   Keidhill,   on  valua- 
tion roll,  271 
Smiddyboyn  liridge,  340 
Smith,  Isobel,  in  Achingoule,  251 

James,  weaver  in  Cushnie,  237 
Mr.  John,  schoolmaster,  418,  419 
Patrick  (Peter),  in  Achinbedie,  236, 

249,250,  251 
Patrick,  in   Lichnet,  renunciation  of 

Mains  of  Lichnet,  105 
William,  soldier,  68 
William,  weaver,  236 
Smout,  Janet,  249,  250 
Smuggling,  404,  406,  407 
Spakling,  John,  citeJ,  4 
Spanish  Succession,  War  of  the,  109  ;  vote 

to  meet  expenditure  on,  232 
Spence,  John,  in  Seatown  of  Cullen,  brewer, 

258 

William,  in  lladdo,  250 
Spey  river,  351,  365,  366,  378,  388 
Stair,  Master  of,  see  Dalrymple,  Sir  John 
Stanhope,  James,  Secretary  of  State,  letter 
from,  to  Earl  of  Kindlater,  307 

Steinson, ,    Dr.,   post    from    Banft    to 

Aberdeen,  his  salary,  265,  266, 
281,  285,  286 

-  George,  in  Sandehills,  brewer,  255 
Steuart,  Alexander,  of  Lesmurdie,  yr.,  26 

— ,  of  Achorachan,  259 
— ,  of  Tannachy,  124,  301 

David,  of  Milnetottn,  282 

George,  Sheriff- Depute,  13,   %I 

James,  of  Collness,  Lord  Advocate 
of  Scotland,  170;  letter  to  Sheriff- 
Depute,  171,  260 

James,  249,  282 

Janet,  wife  of  Robert  Grant  in 
Auchbreck,  25 

Katherine,  wife  of  John  Forbes  of 
Invernatie.  26 

Patrick,  8,  13 

see  Stuart 

Walter,  of  Bog,  72,  147,  148,  159 
Stevenson   (Steinson),  John,   on    valuation 
roll,  275 

-  Maryaret,  236 

William,  in  l-'fortrie,  weaver,  237 
Stewart,  of  Drumin,  on  valuation  roll,  278 
— ,  of  Kilmachlie,  162 

—     ,  of  Lesmurdie,    younger,  351, 

364 

-  Alexander,    of    Achorachan,     III  : 

lands  held  by,  115 

—  Alexander,  of  Lesmurdie,  lands  held 

by,  91:  on  valuation  roll.  277; 
338,  and  iiotf,  342,  344,  351,  364, 
366,  369,  370,  408,  410,  411,  413 


456 


RECORDS  OF  THE  COUNTY  OF  BANFF. 


Stewart,  Alexander,  of  Sackuch,  on  valua- 
tion roll,  277 
Andrew,  ol  Auchluncart,  out  in  the 

'15.322 
David,  Collector  of  Excise,  289 

-  George,  Chamberlain  of  Boyne,  143 

-  George,  Collector,  311 

-  George,    of  Boag   (Bog),    132,  136 

-  George,    of    Kosieburn,    236,    248, 

284, 329 

James,  see  Moray.  Earl  of 
James,  at  Boat  of  Spey,  lands  held 

l>y,  93 
|rimes,ofAuchorachan,25,2o,39, 1 26 

James,  of  Dallachie,  constable,  283 
lames,  of  Monblettoune,  143 
|anet,    wife    of    Robert     Grant    of 

Tombrecknchif,  26 
lohn,    of    E.    Hoggs,    on    valuation 

roll,  270 
John,  of  Kinmachlen,  lands  held  by, 

91,  115;  93,  in,  113,  126,  258 
|ohn,  of  Kinmachlen,  younger,  98 
John,  of  Oxhill,  270 
John,  Supervisor  of  Excise,  321 
Patrick,  M.P.  for  Banff,  5 
Patrick,    of  Brydachmylne   (Mill  of 

Brydack),  143,  144 
Patrick,   of  Tannachie,   lands    held 

by,92,   149,   160,   188,  258,  282  ; 

on  valuation  roll,  270 
Peter,   of  Myretown,    on    valuation 

roll,  279 
Robert,  Provost  of   Banff,  316,  317, 

321,  324,325,337,  338,  339,401, 

402 

Thomas,  of  Byland,  143,  144 
Walter,    of   Itlaw    (Outlaw),   lands 

held   by,    91,    98;    on    valuation 

roll,  276 

—     Walter,  Provost  of  Banff,  Commis- 
sioner to  Convention   of  Scottish 

Estates,  55,  71,  1 08 
Si  radian,  Alexander,  in  Findon  (ffinnon), 

constable,  409 

-  Alexander,  of  Lesmurdie,  25 
Elizabeth,  wife  of  James  Steuart  of 

Achorachan    and    of    Lesmurdie, 
25,  26 

-  George,  shoemaker  in  Pitgair,  237  ; 

on  valuation  roll,  276 

-  Helen,  portioner  of  Lesmurdie,  25 
Helen,  wife  of  John  Innes,  yr.,  of 

Edingight,  46 

Isobel,  portioner  of  Lesmurdie,  25 
Jean,  portioner  of  Lesmurdie,  25 
John,   on    valuation    roll,    276;    at 

Burnm.'Uth,  constable,  409 


Strachan,  Margaret,  portionerof  Lesmurdie, 
25 

Robert,  in  Findon,  brewer,  224 

William,  brewer,  225 

William,  in   Buchraigie,  constable, 

408 
Stradoun,  Jacobite  feeling  in,  88,  89 

Baron,  Baillie  of,  395 
Straloch  and  Gartly  Parish,  338,  418 
Strathbogie,  road  to  Banff,  352  ;  to  Port- 
soy,  379,  392.  393  !  presbytery  of, 
398 

—  Baron,  Baillie  of,  395 
Strathilay,  lands  and  barony  of,  II 
Strathnaver,  Lord,  his  regiment,  121,  125, 

185 

Straton,  Robert,  on  valuation  roll,  274 
Stronach,  Alexander,  Notary  Public,  414 
Stuart  (Steuart,  Stewart) 

Alexander,  in  Nether  Dallachie,  419 

-  Alexander,  249 

Francis,    yr.,    of    Lesmurdie,   410, 

411.  413 

Helen,  brewer  in  Cullen,  260 
Helen,  wife  of  Robert  Lumsden  in 

Cullen,  257 

James,  Whitehill,  brewer,  255 
jarr.es,  Reidhythe,  220 
James,  Achbeggs,  321 
John,  of  Drummin,  out  in  the  '15, 

322 

—  John,  in  Auchinreath,  321 

Prince  Charles  Edward,  letter  from, 
to  Gordon  of  Aberlour,  352  ;  at 
Glenfinnan,  372,  373,  416 
— ,  Provost,  149,  1 60 

Robert,  236 

Thomas,   of   Bog,    362,    364,    367, 

412.  4'3 

—  Walter,  403 

William,  of  Hillockhead,  420 
Supply,  Commissioners  of,  146  et  sqq. 

Sutherland,  ,  of  Kinminitie,  lands  held 

by,   92,    162 ;   on   valuation   roll, 

275 
,  of  Tarmor,  on  valuation  roll, 

275 

-  Alexander,  of  Kinmintye,  121,  188, 

189,  197,  229,  233,  258,  281,  292, 

297,  329,  35°.  351.  355 

-  Alexander,  of  Kinminity,  younger, 

282,  355 

—  James,  of  Kinminity,  Justice  of  the 

Peace,  10,  12,  60 
Jean,  wife  of  Sir  Alexander  Aber 

crombie  of  Birkenbog,  10 
Jean,    wife    of   Thomas    Grant    of 

Achoynanie  and  Arndilly,  355 


INDEX. 


457 


Sutherland,  William,  brother  of  Alexander, 

Lord  Duffus,  13 
Syme  (Sim,  Sime,  Sym) 

—     ,  Baillie,  340,  342 

—  George,  servitor  to  Earl  Findlater, 

letter  to,  from  John  Andrew,  159 
— •    James,  in  Brangand,  constable,  283 

—  James,  in  Dunlugus,  227,  236 

—  Jean,  servant,  296 

—  Peter,  lands  held  by,  92 

—  Peter,  of  Poolfald,  on  valuation  roll, 

280 

—  Mr.  Walter,  minister  of  Glass,  398 
William,  Baillie,   Depute  Collector 

of  Cess,  overseer  of  roads,  Sheriff- 
Depute,  326,  327,  402,  403 

Tarbat,  Viscount,  see  Cromarty,  Earl  of 
Taxation,  Excise  imposed  in  1643  to  pay 
soldiers,  144 ;  Annual  Excise 
voted  to  the  King  at  the  Restora- 
tion, 145  ;  quota  imposed  on 
Banffshire,  145  ;  based  on  valued 
rent  of  1667,  145 ;  graduated 
poll  tax  in  Scotland,  146;  Excise 
tax  collected  from  brewers,  163, 
175  ;  land  tax  from  Scotland  after 
the  Union,  amount  of,  284,  288, 
289  ;  window  money,  289,  291  ; 
Michaelmas  cess,  1715,  and 
March  cess,  1716,  317 
Taylor  (Tayleir,  Tayleor),  John  in  Itlaw, 
236,  249 

—  John,  in  Melrose,  taylor,  237 

—  William,     in     Newtown    of    Park, 

constable,  408 

—  William,  in  Tarlair,  taylor,  237 
Ternemny,  347 

Teviot's  Dragoons,  120 

Thaine,  James,  in  Woodside,  243 

—  John,  in  Mosset,  243 

—  Patrick,  403 
Thomson,  Adam,  harvester,  243 

—  Andrew,  154 

—  John,  in  Ryland,  249 

—  Mr.  Thomas,  31 

—  William,  in  Hiltoun,  shoemaker,  237 
Thors,  Sir  David,  156 

Tillery,  Laird  of  (- ,  Cuthbert),  8 

Tilliedown,  341,  384 
Tillienaught  Bridge,  363 
Tod,   Alexander,   factor   to  the   Duke   of 
Gordon,  392 

—  Robert,  in  Dreadlein,  weaver,  237 
Tombreakachie,  on  valuation  roll,  278 
Tomintoul,  Bond  of  Association  of  Jaco- 
bites signed  at,  88 

Tomnavillian,  laird  of,  338 


Tomnavoulan,  Grants  of,  262 

Torex,  L.  of  Park,  on  valuation  roll,  272 

Touch,  Patrick,  in  Mossydeof  Kinnairdie, 

brewer,  256 
Towie,  Barclays  of,  101,  102 

-  Lady,  of  Qualen,  on  valuation  roll, 

274 

—  lands  of,  10 

Townshend,  Lord,  Secretary,  302  ;  letter 
to,  from  Lord  Justice  Clerk  Cock- 
burn,  322 

Trade,  exclusive  privilege  of  Royal  Burghs, 
194 ;  extended  to  other  burghs 
by  Communication  of  Trade,  195  ; 
compromise  between  royal  and 
other  burghs,  195  ;  tax  on  unfree 
traders,  196  communication  of, 
214,  et  sqq.  ;  apprentices,  regula- 
tions anent,  252 

Trot  o'  Turra,  4 

Trotter,  Corporal,  167 

Troup,  Garden  of,  31 

Laird  of,  8,  64,  65,  75,   148,   159, 
179,  1 86,  188,  199,  200 

-  lands  of,  31 

Tullibardine,  Earl  of,  see  Atholl,  Duke  of, 

Tullich,  Leslies  of,  34 

Tulloch,  Thomas,  of  Tannachy,  39 

Turnbull, ,  of  Standhill,  So,  81 

Turriff,  169 

Turtries,  laird  of,  351 

Tweeddale,  Marquess  of,  John,  Chancellor, 

102  ;    letter   from,  to   Sir  James 

Ogilvie,  170 
Tynet  Bridge,  367,  368,  379 

Udny,  Laird  of,  5 

Ugie  Bridge,  343,  344,  345 

Union  of  England  and  Scotland,  5  ;  Effect 
of  Darien  Scheme  on,  107;  Com- 
missioners appointed  to  treat, 
no;  negotiations,  118;  effect  of 
execution  of  Captain  Green,  1 18  ; 
Articles  of,  and  interests  safe- 
guarded, 123  ;  consummated, 
1707,  Scots  members  reduced  in 
number,  123;  Act  of  Security, 
264  ;  provision  of  fire-arms  and 
drill  for  fencible  men,  265 ; 
amount  of  tax  imposed,  284 

Urquhart  (Wrquhart),  Adam,  Sheriff  of 
Cromarty,  15 

-  Alexander,  of  Dunlugas,  143,  144, 

'45 

—  Alexander,  of  Fishrie,  15 

—  Sir  Alexander,  of  Cromnrty,  lands 

held  by,  7,  10;  knighted   (1617), 
16,  146 


458 


RECORDS    OF   THE    COUNTY   OF   BANFF. 


Urquhart,  Sir  Alexander,  of  Dunlugas, 
Commissioner  to  Convention  of 
Estates,  1667,  19 

—  Sir    Alexander,    of    Dunlugas    and 

Muirden  (of  Cromarty),  15,  16 

-  Sir    Alexander,    of   Dunlugas,    yr. , 

Justice  of  the  Peace,  60 

-  Christian,  wife  of  James,  2nd  Vis- 

count Frendraught,  16,  80  sq. 
Henry,  16 

—  James,  brewer,  258 

Jean,  wife  of  Sir  Alex.  Abercromhy 

of  Birkenbog,  IO 
John,  of  Craigfintry  or  Craigston, 

tutor  of  Cromarty,  15 
John,    of    Whythill,    on    valuation 

roll,  274 

-  Sir  John,   Commissioner   of   Banff- 

shire,  16 

Sir  Thomas,  of  Cromartie,  trans- 
lator of  Rabelais,  knighted,  1641, 
15,  16 

—  Walter,  15,  16 

Vagabonds,  beggars  and  sorners,  statutes 
anent,  59,  60 ;  banishment  of, 
appointment  of  night  guard 
against,  192  ;  rules  against  har- 
bouring, 193  :  additional  enact- 
ments and  parochial  relief,  193 
.«/.  ;  rules  against,  and  penalties 
for  harbouring,  205  sq.  ;  par- 
ochial responsibility,  207 ;  tax 
for  maintenance  of,  400  ;  charity 
and  hospitality  to  vagrants  made 
punishable,  400 ;  rate  of  main- 
tenance of  vagabonds,  404 

Valuation  of  the  Shire,  rolls,  269-280 ; 
splitting  of  cumulo  valuations, 
409-411 

Wages,  regulation  of,  by  Justices  of  the 
Peace,  226  ;  contraveners  of  regu- 
lations, list  of,  236 ;  fees  and 
prices,  241-247 

Walker,  Alexander,  servant,  242 

Elizabeth,  in  Miltown  of  Rothiemay, 

243 

Wallace, ,  Baillie,  296 

Walpole,  Horace,  quoted,  381 
Warrox,  Robert,  Banff,  418 
Watson,  Andrew,  of  Pethhead,  146 

-  George,  in  Whitehills,  brewer,  255 
Watt,  John,  of  Lesmurdie,  25 

John,  portioner  of  Lesmurdie,  25 
Margaret,  in  Achincrieve,  244 
William,  in  Corskellie,  242 
Webster  (Wobster),  Andrew,  236 


Webster,  George,  in  Kirktoun  of  Forglen, 
constable,  227,  229,  408,  409 

—  Janet,  in  Tullos,  251 
Robert,  on  valuation  roll,  275 

Westerton  (Westertoune),  Anderson  of,  73 
Laird  of,  179,  186,  188,  200 

Westminster  Confession,  imposed  on  Pro- 
fessors of  Aberdeen  University,  78 

Wheelock, ,  Captain,  373 

Whitefoord,  Mr.  Allan,  General  Receiver 
of  the  Land  Tax,  416,  417 

Whitehouse  Moss,  369 

Wightman, ,  General,  302,  315 

Wilkie,  James,  301 

William  III.,  King  (William  of  Orange), 
preparations  for  invasion  of  Eng- 
land, 6 1  sq.  ;  landing  at  Torbay, 
68  ;  summons  Convention  of 
Estates  of  Scotland,  76  et  sqq,  ; 
relations  with  Banffshire  Barons, 
78  et  sqq.  ;  recognised  as  King  by 
Treaty  of  Ryswick,  103;  "111 
years  of,"  104,  192  ;  opposition  to 
Darien  Scheme,  1 08;  joined  Grand 
Alliance  against  France,  109  ; 
loyal  addresses  to,  109  ;  death 
(1702),  109,  146 

Williamson,  John,  in  Claymyres,  weaver, 
244 

Willox,  William,  in  Ferniebrae  (ffarniebrea) 
brewer,  224 

Wilson,  Alex.,  "servant  to  Ardmellie," 
"  delet  of  cursing  the  Justices," 
241,  244 

-  Alexander,  of  Achenderen,  on  valua- 

tion roll,  271 

-  Alex.,  of  Littlefield,  Commissioner 

of  Supply,  232,  240,  241,  245, 
248,  251,  253,  254,  257,  258,  259, 
264,  280,  281 

David,  in  Gardenhead  of  Park,  con- 
stable, 409 

James,  187 

—  James,  of  Germoch,  51 

-  James,  Montblairy,  420 

James,  in  Newton,  constable,  409 
Winchester,      Alexander      of     Stonieley, 

burgess,  143 

Window  money,  collection  of,  289,  291 
Winton,  William,   at  Kirktoun  of  Alvah, 

384,  420 

Wisheart,  George,  letter  to  Earl  of  Find- 
later,  176 
Wood,  Captain  James,  309 

James,  in  Doune,  228,  249 
James,  in  Hillside,  constable,  408 
Peter,  in    Muir  of  Glassauch,  con- 
stable, 409 


INDEX. 


459 


Worcester,  battle  of,  20  Youngson,  George,  251 

Wright,  Janet,  244  .     George,  in  Sandley,  248 

Wrquhart  (Urquhart),  see  Urquhart 
Wyldgoose,  James,  brewer,  257  Zeochrie,  Gordon  of,  16 

-     Gordons  of,  Orange  sympathies,  88 
York  Building  Company,  375  Laird  of,  55 


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