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Full text of "The records of Elgin"

Aberdeen University 
Studies : No. 9 




The Records of Elgin 



UNIVERSITY OF ABERDEEN. 

COMMITTEE ON PUBLICATIONS. 

Convener: Professor JAMES \V. II. TuAH., M.A., M.D., F.R.S., Curator of the University 
Library. 

UNIVERSITY STUDIES. 

General E.lilor : I'ETE* JOHN ANDERSON, M.A., LL.l!., Librarian to the University. 



Xo. \.-Koll o/ Aliiiiini in Arts of Hit University ami fCis College of Aberdeen, 1596-1860. 
Edited by 1'. J. Ander.Min. 1900. 

No. 2. The Record* of 01,1 Aberdeen, 1157-1891. Edited by Alexander Macdonald Munro, 
E.S.A. Scot. Vol. I. 1900. 

X,,. 3. /'/.!<< Names of U'est Aberdeenshire. l!y the late James Macdonald, F.S.A. Scot. 
1900. 

No. 4, T/ic Family of Burnett of Leys. l!y the late George Kurnctt, LL.l)., Lynn King of 
Anns. 1901. 

Xo. 5. The Keconls of lm<crraulJ, 1547-1828. 1-Mited by the Rev. John Grant Michie, M.A. 
1901. 

j{ , {>. Rectorial Addresses JtlivcreJ in the Universities of Aberdeen, 1835-1900. Edited by 
P. J. Anderson. 1902. 

Xo. 7. The Albemarlc Papers, 1746-48. Edited by Charles Sanford Terry, M.A., Professor 
of History in the University. 1902. 

j{ _ jj. The House of Gordon. Edited by John Malcolm Bulloch, M.A. Vol. I. 1903. 
THa. 9. The Records of Elgin. Compiled by William Cramond, LL.D. Vol.1. 1903. 

N. lo. The Keeords of the Sheriff Court of Aberdeenshire. Edited by David Littlejohn, 
LL.D. Vol. I. (I the Press.} 



The Records of Elgin 



Compiled by 

William Cramond, M.A., LL.D., F.S.A. Scot. 



Volume I. 



Aberdeen 

Printed for the University 
1903 



CONTENTS OF VOLUME FIRST. 
P re- Reformation. 

PACK 

Early Grants and Charters ... ... 3 

The Bishopric of Moray ... ... 4 

Elgin, a Cathedral City ... 6 

Visits of Early Scottish Kings to Elgin ... 6 

Charter of Alexander II. to the Burgesses 7 

Edward I. in Elgin ... ... ... ... 8 

Charter of the Earldom of Moray 1 1 

The Miraculous Cure of John Balormy ... ... 12 

The Burgh Seal 16 

The Bishops of Moray and the Port of Spynie ... 16 

The "Wolf of Badenoch" burns the Cathedral 17 

An old Charter in the Vernacular ... ... ... ... ... 19 

The Town burned for the third time ... ... ... ... 20 

Representation in Parliament ... ... ... ... ... 21 

Extracts from the Lord High Treasurer's Accounts ... ... 21 

Letter of Protection by Queen Mary, 1555 ... ... ... 25 

"Act anent Maisterfull Beggars," 1537 26 

The Town of Elgin v. Alexander Dunbar, Sheriff, 1540 ... 27 

Extracts from Pitcairn's "Criminal Trials" ... 28 

1365 1560. 

References to Elgin in the Exchequer Rolls of Scotland ... 32 

1306 1560. 

References to Elgin in the Register of the Great Seal ... ... 41 

154.0 1803. 

Extracts from the Burgh Court Book 47 

154.91630. 

References to Elgin in the Register of the Privy Council ... 213 

1565 l6 49- 

References to Elgin in the Register of the Great Seal 245 

1636 1800. 

Extracts from Minutes of Town Council 253 



ILLUSTRATIONS OF VOLUME FIRST. 

Armorial Bearings of Elgin, from an emblazonment supplied by 

the Lyon King of Arms ... ... ... ... Frontispiece. 

PAC.F 

Charter, Alexander II. to the Guildry of Elgin, 1234 ... ... 8 

Charter, David II. to the Preaching Friars of Elgin, 1357 ... 16 

Charter, Thomas, Earl of Moray, to the Burgh of Elgin, 1393 ... 20 

Charter, John, Earl of Moray, to the Burgh of Elgin, 1390 ... 40 

Charter, Thomas, Earl of Moray, to the Guildry of Elgin, 1396 ... 80 

Charter, Thomas, Earl of Moray, to the Burgh of Elgin, 1396 ... 104 

Map, Neighbourhood of Elgin, from Blaeu's Atlas, 1662 ... 136 

Map, Town of Elgin, from John Wood's plan, 1822 ... ... iGS 

Map, Grieshop Lands of Elgin, from original sketch, 1800 ... 200 

Shields built into Elgin houses, 1576 and 1634 ... ... ... 212 

Order Pot, from Rhind's Elgin, 1839 ... ... ... ... 232 

Shield at Greyfriars ... ... ... ... ... ... ... 244 

Map of Linkwood, from original sketch, circa 1768 ... ... 264 

Map of Maisondieu Lands, from original plan, circa 1830 ... 276 

Map of Minister's Glebe, from Peter May's plan, 1769 ... ... 312 

Pans Port, from Rhind's Elgin ... ... ... ... ... 344 

The Prospect of the Town of Elgin, from Slezer's Theatrum 

Scotia, 1693 ... ... ... ... ... ... ... 352 

Elgin Jail, from Rhind's Elgin ... ... ... ... ... 368 

Map, Moss and Lands of Mosstowie, from original plan, 1762... 384 

The Little Cross, from Rhind's Elgin ... ... ... ... 416 

St. Giles, East and West views, from Rhind's Elgin ... ... 448 

Elgin Street Architecture, from Billings' Antiquities (1845-52)... 504 



ELGIN IN PRE-REFORMATION TIMES. 

EARLY GRANTS AND CHARTERS. THE BISHOPRIC OF MORAY. ELGIN, A CATHEDRAL 
CITY. VISITS OF EARLY SCOTTISH KINGS TO ELGIN. CHARTER OF ALEXANDER II. 
TO THE BURGESSES. EDWARD I. IN ELGIN. CHARTER OF THE EARLDOM OF 
MORAY. THE MIRACULOUS CURE OF JOHN BAI.ORMY. THE BURGH SEAL. THE 
BISHOPS OF MORAY AND THE PORT OF SPYNIE. THE "WOLF OF BADENOCH " 
BURNS THE CATHEDRAL AN OLD CHARTER IN THE VERNACULAR. THE TOWN 
BURNED FOR THE THIRD TIME. REPRESENTATION IN PARLIAMENT. EXTRACTS 
FROM THE LORD HIGH TREASURER'S ACCOUNTS. REFERENCES TO ELGIN IN THE 
"EXCHEQUER ROLLS" AND THE "REGISTER OF THE GREAT SEAL." 



ELGIN IN PRE-REFORMATION TIMES. 



THE early history of the burgh of Elgin, as of many another burgh 
in Scotland, is shrouded in a dark cloud of obscurity. With the 
advent of charters, however, in the eleventh and twelfth centuries, a 
guiding light, ever increasing in brightness as the centuries roll on, begins 
to appear. As we feel ourselves walking on very uncertain ground we 
hastily pass over the Romans in the north of Scotland, the arrival of the 
followers of Columba in the sixth century or thereby offering the 
blessings of Christianity, the condition of the people under the Pictish 
kings from the fifth to the middle of the ninth century, the explication 
of the flint and bronze implements, the urns and the sculptured stones, 
all of which are found abundantly in the district, and thereafter we hail 
with satisfaction the first clear reference to the burgh. It is a grant of 
twenty shillings annually from " my burgh and waters of Elgin," by 
David, King of Scots (1124-1153), to the monks of Urquhart for their 
vestments, and is thus recorded in the Registrum de Dunfennclyn (p. 18): 

De xx . solidis de Elgin. 

Dauid Rex Scotorum . episcopis . abbatibus . Comitibus . Baronibus . 
Vicccomitibus . prepositis . et omnibus probis hominibus tocius murcf et 
Scocie Salutem. Sciatis me in perpetuum dedisse deo et monachis de 
Vrchard ibi deo famulantibus dum deuote et religiose se continuerint . 
xx . solidos . singulis annis ad vestimenta eorum de firma burgi mei et 
aquarum de Elgin . Quare precipio quod prepositus eiusdem burgi eis 
illos denarios sine omni disturbacione faciat haberi. Testibus . Herbert 
camerario . et Alwino filio archil. Apud Banef. 

From the charters of David I. to Dunfermline, and other documents 
of his reign, it appears that " the free hanse " or privilege of trade and 



4 RECORDS OF ELGIN. 

association of the northern burghs of Aberdeen, Banff, Elgin, Forres, 
Nairn and Inverness, existed prior to 1124. 

King William the Lion confirmed the protection thus granted, as the 
following charter * shows : 

Willclmus dci gracia Rex Scottorum omnibus probis hominibus tocius 
terre sue Salutem. Sciant presentes et futuri me concessisse et hac carta 
mea confirmasse burgensibus meis de Aberdeen et omnibus burgensibus 
de Moravia et omnibus burgensibus meis ex aquilonali parte de Muneh 
manentibus liberum ansum suum tenendum ubi voluerint et quando 
voluerint ita libcre et quiete plenarie et honorifice sicut antecessores 
eorum tcmporc Regis David aui mei ansum suum liberius et honorifi- 
centius habucrunt . Ouarc prohibeo firmiter ne quis eos inde vexet aut 
disturbet super meam plenariam forisfacturam. Testibus Andrea Episcopo 
dc Katcnes . Comite Dunecano Justiciario . Gilleberto comite de Stradhern. 
Comite G. de Anegus . Ricardo de Moreuill constabulario . Waltero de 
Bcrkelci camerario . G. de Malcuill . Hugone Giffard . Malisio fratre 
Comitis dc Stradhern . Apud Pert. 

In the early part of his reign David had to contend with a formidable 
rebellion in Moray. This he successfully crushed, but the spirit of the 
men of Moray was not easily subdued, and they again caused trouble to 
his successors, Malcolm and William and Alexander II. This rebellion 
over, David seized the land that belonged to his rebellious subjects and 
portioned it out to strangers from the south Normans, Saxons and 
Flemings. 

The bishopric of Moray was founded probably in the reign of 
Alexander I., but it was not till the reign of David I. that dioceses and 
parishes, as we understand the terms, came into use. David gave a 
signal instance of his munificence to the church by founding the Abbey 
of Kinloss, establishing there a colony of Cistercians from Melrose. To 
further, no doubt, the civilization of the district, he also founded the 
Priory of Urquhart, a cell of the Benedictine Abbey of Dunfermline. 

William the Lion (1165-1214) granted a charter.f "apud Elgin," to 
Gaufridus Blundus, burgess of Inverness. The charter is dated the 
second of May, but no year is given. It is interesting to learn who were 

"Charters of Aberdeen, p. 3. ^ Acts AV. Part., vol. i., p. 89. 



PRE-REFORMATION TIMES. 5 

present with the King in Elgin as witnesses to this charter : 

" David comite fratre meo . [Duncano] comite de Fife justiciario 
Scotie . Gilberto comite de Stradhern . Hugone cancellario . Joanne 
de Asting . Philippe de Valloniis . Willelmo Cumyn . Petro de Pollok . 
Willelmo filio Freskin . Hugone filio suo et Willelmo filio ejus." 

William also issued a precept,* "Apud Elgin," "De decimis solvendis 
in Moravia," the witnesses on this occasion being recorded as follows : 

" Mattheo episcopo Aberdonensi . Johanne Episcopo de Katenes 
Roberto et Willelmo capellanis meis . Hugone clerico meo . comite 
Patricio . Comite Gylberto . Willelmo filio Freskyn . Willelmo de 
Lindesei . Roberto de Londoniis . Willelmo de Haia . Ranulfo de Soulis. 
Petro de Polloc . Philippe Marescallo . Herveio Marescallo." 

William the Lion was like his grandfather, a generous benefactor to 
the church. He granted to Richard, Bishop of Moray, a toft in Elgin, 
Reg. Mor., p. n (1189-99), an d ten pounds annually "de firma burgi 
mei de Elgin." Prior to 1180 he also granted to the church of Kinloss 
the whole land of Burgin, the charter being witnessed " Apud Elgin." -f- 
He also granted to Kinloss the lands of Strathisla,f and a toft in the 
burgh of Elgin, as well as in several other northern burghs. \ 

From the Register of the Bishopric of Moray, p. 10, it appears that 
this King granted (1189-1199) to the Bishop of Moray the right to 
establish a mill on Lossie (Loscyn) above the cruives and below the 
Castle of Elgin. He also gave the Bishop and his successors the right 
of taking fuel for their own use from the King's forests around Elgin, 
Forres and Inverness, reserving the rights the burgesses of these towns 
had in the time of the King's grandfather, David, or in the time of his 
brother, King Malcolm. 

Bricius of the. house of Douglas became Bishop of Moray in 1203, 
and, by his great charter of date 1208-1215, he procured that the 
cathedral, which had hitherto been migratory between Birnie, Spynie 
and Kinneddar, be fixed at Spynie. Andrew de Moravia, who succeeded 
as bishop in 1222, petitioned the Pope that the seat of the bishopric be 
transferred from Spynie to a more suitable place, namely, to the church 

* Acts Sc. Par/., vol. i., p. 90. f Dr. Stuart's " Kinloss," p. 109. 

JTransumpt (1355) in Dr. Stuart's "Kinloss," p. 124. 



6 RECORDS OF ELGIN. 

of the Holy Trinity near Elgin. This transference, having been previously 
approved of by the King, was effected in 1224, and the establishment of 
Elgin as a cathedral city had a most important bearing on the whole of 
its future history. 

Nor need we wonder that Bishop, King and Pope were at one in their 
choice of Elgin as the scat of the cathedral. Probably long before the 
Scottish kingdom was founded by Kenneth McAlpin in the middle of 
the ninth century, there existed along the seaboard from Banff to Inver- 
ness a line of forts, each evidently selected from some special advantage 
of site. These forts formed a protection against foes, alike from sea and 
land, a rallying point in times of danger, and a prominent position for 
beacon fires. These six strongholds Banff, Cullen, Elgin, Forres, Nairn 
and Inverness lie at singularly regular distances apart, and all from 
remote antiquity have been ranked as royal burghs. The most un- 
observant traveller in ancient times, as he approached the city of Elgin 
from the east, must have been struck by the sudden expanse of fertile 
fields and wood-covered knolls, all betokening a genial climate. Nature 
herself, he must have thought, had marked out the hill now designated 
the Lady Hill as the site of a stronghold, while he could not fail to 
admire the Lossie meandering in the neighbourhood as if purposely to 
afford an opportunity at all points for the erection of corn and other 
mills for the service of man. Not far off, too, in early times his eye 
would alight on the Loch of Spynie, and he would not fail to remark on 
the advantages the Loch afforded for fishing, as well as for trading direct 
with other ports along the Moray Firth. 

Charters and other records show that the early Kings of Scotland 
came frequently to Elgin and its neighbourhood. King Duncan I. was 
murdered by Macbeth at Bothnagowan (Pitgavcny) in the year 1040.* 
Alexander I. granted a charter at Elgin. David I. passed the whole 
summer of 1150 at Duffus Castle superintending the building of the 
Abbey of Kinloss.f William the Lion, Alexander II., J Alexander III., 

* In I2 35. King Alexander II. granted three merks annually from the fermes of " the King's 
;n of Llgm, or, as it is designated in the Exchequer Rolls, "de terris de le greifschip de 
blgyn, to a chaplain in the Cathedral to pray for the soul of King Duncan. 

tSee Sir A. H. Dunbar's " Scottish Kings," p. 63. 

"Anno Domini millesimo ducentesimo trigesimo primo dominus rex Scotiae tenuit natale 
suum apud Llgm (Kordun's " Scotichron.," lib. ix., cap. 48). 



PRE-REFORMATION TIMES. 7 

and David II. were also in Elgin on several occasions, as their charters 
show. 

A thowsand twa hundyr and thretty gane 

And to tha yhit reknyt ane 

The Kyng Alysandyre in Elgyne 

Held his Yhule and come oure syne 

The Mwnthis passand till Mwnros. 

(Wynton, Bk. vii., 1. 2821.) 

Wynton, in referring to a journey the King made from Elgin to the 
south of Scotland in 1242, says that he visited Moray yearly : 

The Kyng and the Qwene alsua 

And ane honest Court wyth tha 

That ilke yhere in- Murrawe past ; 

Bot soon agayne he sped hym fast 

Swa efftyre that he came fra Elgyne. (Bk. vii., 1. 2951.) 

From the Exchequer Rolls we learn that King Alexander III. made 
a journey to Inverness in 1263, passing through Elgin, and his expenses 
in going and returning are made by Alexander de Montfort, Sheriff of 
Elgin. He returned to Moray in the following year, and made a pro- 
longed stay at Forres. From references made in records of that period 
there can be no doubt that the Kings of Scotland, when they visited 
Elgin, resided in the Castle. It was one of the twenty-three royal 
fortresses of Scotland that were delivered up to Edward I., and garrisoned 
by English troops, and in the following year transferred to John Baliol. 
Henry de Rye was keeper of the castles of Elgin and Forres while they 
were in the hands of the English. 

Many burghs of considerably less importance than Elgin possess 
charters of very early date, notably Ayr, with its charter even of erection 
by King William the Lion, but Elgin neither possesses nor has possessed 
for at least several centuries a single royal charter, or confirmation of 
royal charter, of earlier date than 1234. It is difficult to take a calm 
surview of the whole case without arriving at the conclusion that charters, 
such as those referred to, must almost of necessity have been granted, 
although now irretrievably lost. 

The following is a copy of the earliest charter now in the possession 
of the burgh. It is a charter granted by King Alexander at Elgin on 



8 RECORDS OF ELGIN. 

the 28th day of November, 1234, to the burgesses of Elgin, conferring on 
them the rights of a merchant guild as fully and freely as any burgh in 
Scotland possessed : 

Alexander Dei gratia Rex Scottorum Omnibus probis hominibus 
tocius terre sue salutem. Sciatis nos concessisse . et hac carta nostra 
confirmasse Burgensibus nostris de Elgyn . vt ipsi ad melioracionem 
Burgi nostri dc Elgyn habeant in eodcm Burgo Gildam suam mercatricem 
adco liberam . sicut aliquis Burgorum nostrorum in toto Regno nostro 
Gildam suam habet liberiorem . Testibus . Alano hostiario . Reginald le 
Chen camerario . Hugonc de Abbirnythyn . Willelmo et Bernardo de 
monte alto . Alexandra dc Morauia . ct Willelmo Byset . apud Elgyn . 
vicesimo octavo die Noucmbris . Anno Regni nostri vicesimo. 

About the year 1235 the Monastery of the Blackfriars of Elgin was 
founded by King Alexander II., and about the same time he also 
founded the Priory of Pluscarden. 

In the year 1270 the cathedral of Elgin and the manses of the 
Canons were destroyed by fire.* 

In the Acts of the Scots Parliament, under the year 1292, there is 
noted " Littera Burgens. de Elgin," remitting debts of the King and 
Queen. 

Little is recorded of Elgin during the troublous years following the 
death of Alexander III., until Edward I. of England proceeded to 
subjugate the kingdom of Scotland. 

Of the eight expeditions Edward I. made into Scotland, only twice 
did he march so far north as Elgin. This was in the years 1296 and 
1 303, being his third and seventh expeditions respectively. The following 
notes of these expeditions arc taken from a valuable work recently 
published } : 

With an army of 30,000 footmen and 4000 to 5000 horsemen, Edward 
crossed the Tweed to invade Scotland, and reached Edinburgh on 6th 
June, 1296. The narrative of the expedition is still extant in Norman- 
French in the Royal Library at Paris, written in the XIV. century 

* " Eodem anno combusta est ecclesia de Elgyn et aedificia canonicorum " (Fordun's 
" Scotichron.," ii., 112). 

t" Itinerary of King Edward the First, 1272-1307," by Henry Gough. (2 vols. Paisley, 



PRE-REFORMATION TIMES. 9 

apparently by one who took part in the expedition. There is also an 
English version, apparently of the time of Richard II., in several MSS., 
as Harleian, No. 1309. 

Leaving Edinburgh, the army arrived at Stirling (i4th June), Dabber- 
den (i4th July), Kintore (aoth), Fyvie (2ist), Banff (22nd), Cullen (23rd), 
Enzie (24th), Rapenache (25th), Elgin (26th), Rothes (29th), Kildrummy 
(3 1st), Dundee (6th August), and arrived at Edinburgh on i;th August. 

The following are the two versions referred to (Itinerary, ii., 281) : 

Royal Library, Paris : " Le Vendredy apres ala a Kyncorn, maynor ; 
le Samady, a Fyvin, chastelle; le Dymenge a Banet, chastelle. Le Lundy 
a Incolan, maynor ; le Mardy en tentes en la mor * sur la rivere [de 
Spe. Le Mescredy passa et jut de outre parte de mesme la rivere] a 
Rapenache, maynor en la paiis de Moureve ; le Joefdy a la citee 
d Eiglin f ; bone chastel et bone ville et y demoera ij jours. Le 
Dymenge a Roseise maynor." 

Harleian MS., No. 1309: "The Fridaie after wente to Kyncorn, 
manner ; the Saturdaie to Fymin castell ; the Sundaie to Banet castell ; 
the Mundaie to Incolan, maner ; the Tuesdaie in tentis in Lannoy upon 
the ryver [of Spey ; the Wednesdaie he crossed and lay on the opposite 
side of the same river] to Repenache, maner in the counte of Morenme ; 
the Thursdaie to the city of Deigin, a good castell and a good toune and 
taried ther ij daies ; the Sundaie to Rosers maner." 

Of all the castles on the route through Scotland, the chronicler 
designates that of Elgin alone as " good." Aberdeen has a " faire 
castell," and St. Andrews and Montrose have each simply "a castell." 
The only towns in Scotland he considers entitled to be designated as 
" good " are Elgin, Aberdeen, Montrose, Forfar, Perth, and St. Andrews. 

There is no more notable event in the early history of Elgin than the 
presence in "la citee" for two days of the mighty and invincible army of 
the English King. Encamped no doubt on the wide and level expanse 
under the shadow of the Castle Hill, they presented a sight such as Elgin 
has never again witnessed. 

*"En lannoi" (MS. Cott.). Hence the English version (MS. Harl., 1309) reads "in 
Lannoy." The place so designated is probably the forest of Awne or Enzie. 

t "Deign" (MS. Cott.). 



10 RECORDS OF ELGIN. 

The power of the English King and the completeness of his subjuga- 
tion of the country is exemplified in the Acts of Fealty and Homage 
performed to him by the conquered people along the route. These Acts 
exist in the Ragman Rolls, preserved in the Tower of London, and 
have been published by the Bannatyne Club. To Elgin came many 
important personages, and swore fealty to the King, the burgesses and 
community of Elgin also giving their oath of fealty at the same time.* 

In his seventh Scottish expedition, King Edward arrived at Edinburgh 
on 4th June, 1303. After the capitulation of the garrison of the Castle 
of Brechin he marched to Aberdeen, where he remained from the 23rd 
to the 28th of August. He was at Banff on 3rd and 4th September, at 
Cullcn on 5th, Rathvcn on 6th, and arrived at Elgin on 9th, where he 
remained till the i3th September. After a stay of ten days at Kinloss, 
he went to Lochindorb, Mortlach and Kildrummic, and was again at 
Kinloss on loth October. Next day he passed through Elgin on his 
march over the Mounth to the Mearns and Dundee. There is no record 
of the number of Edward's army on this occasion, but it is said to have 
been beyond all possible resistance. We know, however, that he sum- 
moned between ten and twelve thousand men to muster at Roxburgh, 
and that he had, besides, a large contingent from Ireland. 1 }- 

During his residence in Elgin in 1303, Edward seems to have resided 
in the Manse of Duffus, within the College of Elgin. John of Spalding 
was then prebendary of Duffus. In the Register of the Bishopric of 
Moray (p. 145) is a deed of date 1253-1298, whereby he grants to his 
successors prebendaries of Duffus the manse he had built on the site 
bought by him from the heirs of William Utrearius. In the Rolls of 
Parliament of England (Rolls, i., 469) is a petition in Norman-French, 
with a reply in Latin : 

A 1 N'RE [A notre] Seygnr [seigneur] le Roy pri son hoste de 
Helgyne Johan Despanyding chanon de Elgyne pur [par] Deu [Dieu] 
qe il y woylc [voulut] doner vint [vingt] chynes [chenes] en sa Forest de 
Laundmorgund a fer [faire] sa eglise dc Duffus dunt [dont] il est chanone. 

Responsio. Rex vult quod habeat. 

(To our Lord the King prays his host of Elgin John de Spalding by 
the grace of God canon of Elgin that he would be pleased to give him 

"See Ap|>endix A. t Bain, "The Edwards in Scotland," p. 40. 



PRE-REFORMATION TIMES. II 

twenty oaks in his forest of Langmorn to repair his church of Uuffus of 
which he is canon. 

Answer. The King wills that he may have them.) 

James II. also resided in the Manse of Duffus when he visited Elgin 
in 1455. 

A charter of a very unusual character was granted by King Robert I. 
to his nephew, Sir Thomas Ranulph,* of the Earldom of Moray, whereby 
the barons and free tenants of the Earldom who held of the Crown in 
chief should henceforth hold of the Earl. The charter also declares 
"quod burgi et burgenses de Elgyn, de Forres et de Invernarne easdem 
libertates habeant et exerceant quas tempore Domini Alexandri regis 
Scotorum predict! et nostro habuerunt hoc solum salvo quod de nobis 
tenebant sine medio et nunc de eodem comite tenent cum eisdem liber- 
tatibus." The Earl of Moray also held the burgh of Lochmaben in the 
same manner. The burgh of Elgin for a long period continued to hold 
this singular relation towards the Crown. 

In the year 1330 an agreement was made between the burgesses of 
Elgin and the Prior of Pluscarden regarding the payment by the former 
to the latter of certain mill multures, and providing for the continuance 
of a like payment in the event of the mills of Elgin being destroyed by 
fire or any other accident, or by a spate of water. The original agree- 
ment is lost, but an old copy on paper exists among the burgh records, 
much of it, however, imperfect or illegible, -f- 

In the struggle between Scotland and England in the early years of 
David II., Andrew de Moravia besieged the Castle of Lochindorb, but 
assistance being asked of Edward, King of England, he assembled an 

* Sir Thomas Ranulph (or Randolph) was the only son of Thomas Randolph of Strathdon, 
sometime Chamberlain of Scotland, by Isabel, sister of King Robert I. He succeeded his father 
soon after 1294, distinguished himself in behalf of Bruce's claim to the Crown, and was in com- 
mand of the left wing at the battle of Bannockburn. He was created by the said King, probably 
in 1314, but perhaps as early as 1312, Earl of Moray, receiving the extensive district of that 
name with remainder to the heirs male of his tody. This was the first Earldom created after the 
extinction (1290) of the Celtic dynasty. From the tenor of this charter it appears that the lands 
(omnes terras nostras in Moravia sicut fuerunt in manibus Domini Alexandri regis Scotiae) were 
not formerly an Earldom, for in the beginning they are called the King's lands in Moray, though 
immediately after the clause of erection the lands are called "comitatus," and Thomas Randolph 
is called "Comes." He signed the letter to the Pope as to the independency of Scotland, and 
was Regent of Scotland from 1329 till his death in 1332. (The Complete Peerage, by G. E. C., 
v -, 359-) 

t See Appendix B. 



12 RECORDS OF ELGIN. 

army, as we learn from Fordun, of 20,000 men, besides his Anglicised 
Scots, of whom he had many in number, and made in haste for Scotland 
by sea and land, wishing to aid the Countess of Athol, who was besieged 
within the castle, and to subject to his sway these northern parts. The 
King relieved the Countess and her ladies, and placed a strong guard in 
the castle. Then consuming all Moray by fire, he arrived at Elgin* in 
the month of June, 1336, and signalised his passage through Aberdeen 
by burning the town and levelling it to the ground. The march of 
Edward to Lochindorb was not a little romantic. His army lay at 
Perth under the Earl of Lancaster. He, himself, with a comparatively 
small force, set off for Lochindorb, reaching it within four days (i2th to 
1 5th June). The King rejoined his army at Perth by way of Elgin and 
Aberdeen, -f 

Adam de Buthergask held a Justice Aire at Elgin on loth October, 
1337, and in the same year the Sheriff of Elgin, W. de Stratbrok, charges 
himself with io6s. 8d. received from the issue of said Justice Aire, also 
with 4 li. 6s. 8d. from two-thirds of the " prepositura " of Elgin. The 
Rolls show that there was then a King's granary at Elgin to store the 
payments of grain in kind, and to disburse part thereof in annual charity 
to the Friars Preachers and others. 

S. Ninian was born on the shores of the Solway Firth, and is said to 
have paid a visit to S. Martin at Tours, who died about the year 397 A.D. 
" At his sacred tomb," says his biographer, " the infirm are healed, lepers 
are cleansed, the wicked are terrified, and the blind receive their sight." 
The wondrous cures wrought by the relics of S. Ninian became known 
all over Europe. James IV. and James V. were frequent visitors to his 
shrine, and such faith had the common people in pilgrimages to the 
church of Candida Casa that, even after the Reformation, an Act of 
Parliament had to be passed (1581) prohibiting and making punishable 
such pilgrimages. From a work recently published by the Scottish Text 
Society, J we learn that one of the miracles wrought by S. Ninian was 
the curing of John Balormy of Elgin. The Legends were written about 

'Totam Moravian) igne consumens, usque Elgyn pervenit (Fordun's "Scotichron.," lib. 
xiii., cap. 37). 

tBain, "The Edwards in Scotland," p. 89. 

J " Legends of the Saints in the Scottish Dialect of the Fourteenth Century," edited by 
Dr. Metcalfe, vol. ii., p. 343. 



PRE-REFORMATION TIMES. 13 

the year 1400, but the author or authors are unknown. The tale of John 
Balormy appears to have been written by the author in his old age, 
which may carry back the date of the incident to c. 1350, and as the 
writer says he was acquainted with John, Elgin may claim a closer 
connection with the unknown author than has hitherto been supposed. 
Before quoting the Legend, it may be observed that Ballormie is a place- 
name found in Moll's Map of Scotland (1725), on the northern shore of 
the once existing Loch of Spynie, which gives an additional local 
connection to the Legend, that the night the Saint appeared to John 
Bellormy was about a thousand years after he is generally understood 
to have finished his labours on earth, and that John seems to have been 
afflicted till his miraculous cure with scrofula, or king's evil. That was 
"the worm." 

A lytil tale zet herd I tel 

That in to my tyme befel 

Of a gudman in Murrefe borne 

In Elgyne and his kine bcforne, 

And callit vas a faithful man 

With al thame that hyme knew than ; 

And this mare trastely I say, 

For I kend hyme weile mony day. 

Johne Balormy ves his name, 

A man of ful gud fame. 

And in processe of tyme tyd hyme 

Til haf the worme in til his lyme, 

And wrocht sa in his schank and kne, 

That bath ware thai lyk tynt to be ; 

For bath thai var sa swollyne 

Of that worme fellone, and bollyne, 

And that syndry holis rynnand, 

That one that syd he mycht nocht stand, 

Na gang na fut of the sted 

To wyne his fude na eschew ded. 

And that held hyme ful thre zere, 

Ay were and were in that manere, 

That helpe of gris gat he nane, 

Na of charme, na of stane. 



,4 RECORDS OF ELGIN. 

Syne a tyme, as he lay, 

Hyme come to mynd [that] he herd say, 

That quha wald Sanct Niniane seke 

And to fast his fasting awou eke 

That he suld gif thaim thare askynge 

Bot it ware wnleful thyng. 

Tharfor he awouyt, ore he fayne, 

To fast and sek Sanct Niniane 

In hope sic grace he suld gif hyme 

That he mycht weile recouer the lyme. 

And fra he sic awou had made, 

Of the mast redy gud he hade, 

Sone his spending he can [mak] zare 

Thar-with he suld to Quhythorne fare, 

And gat men to by hyme be, 

To helpe hyme in necessyte. 

And quhen this wes redy made, 

He fure his way but abade, 

And held one the nerraste way 

Quhar met and drink ves fundine ay. 

And mylys are, quha cane tel 

Fra Eglyne, quhar he can duel, 

To Quhythirne, I dare say, 

Twa hundre myle of met way. 

Zet with disese and payne 

Ydire he wane and ves fayne. 

And quhen he come to the kirk 

Thai tuk hyme of his hors [ful] irke, 

And one twa handis and a kne 

To the hye altere trawalyt he, 

And offerit thare : and men hyme dycht 

A bed to ly [on] in that nycht. 

And he, that sare wes and wery, 

Slepit oure that nycht sadly. 

And one the morne, as it dew day, 

Til hyme, that halfly-slepand lay, 



PRE-REFORMATION TIMES. 15 

Sancte Niniane cane apere, 

And teyndirly cane at hyme spere 

Gif he in wil wes to fulfil 

The awou he mad hyme til. 

Quod he, Za, for wa or weile 

He suld fulfil it ilke deile. 

Thane sad Sanct Niniane: "Tho I spere, 

Thi gud wil haf I nocht in were ; 

Bot sen thu has with gret disese 

This trawele mad me til enples, 

I lat the wit thu sal nocht 

Thi erand tyne that thu has thocht. 

For-thi gang hame, quhen-euir thu wil ! 

For, tho thu cume one hors me til, 

To gang hame thu sal hable be 

One thi fete in prosperyte, 

And haf thi lyme hale and lycht, 

As euire thu had in thi mast mycht." 

And as day come he fand his schank 

Hale and fere, and zarne can thank, 

God of his grace and Sanct Niniane, 

And mad this kyd til mony ane ; 

For bath his schank and his kne 

Ware als haile in al degre 

As thai ony tyme befor wes, 

Owtane thare wes les of flesche 

And smallare sum part but wene 

Thane the todire leg had bene. 

And this merwalle wes mad kyd. 

GLOSSARY. Awou, vow ; bollyne, swollen ; hot, except ; can, did ; dew, dawned ; dycht, 
made ready ; enples, please ; eschew ded, escape death ; fayne, adj. glad ; fayne, v. ceased ; 
fare, go ; fere, sound ; forthy, therefore ; fure, went ; gris, ointment ; ilke deile, every bit ; irk, 
weary ; kyd, to make known ; lat thee wit, let you know ; met, measured ; Murrefe, Moray ; 
owtane, except ; schank, leg ; sone, soon ; stane, certain stones were supposed to have the power 
of healing when applied to a sore ; sted, place ; tyd him, it happened to him ; but were, without 
doubt ; were and were, worse and worse ; ydire, thither j za, yes ; zare, ready ; zarne, earnestly. 



16 RECORDS OF ELGIN. 

One of the earliest references to the seal of the burgh occurs in a 
deed,* of date 1362-97, whereby the Bishop of Moray grants to Andrew 
Robertson two perticates of land in Elgin, on the north side of the burgh, 
between the lands of Henry the glasier on the east and west, with the 
croft extending to the "dede reche" towards the north. To this deed 
the common seal of the burgh was appended. A seal of this period is 
still in the possession of the burgh, f 

The Register of the Bishopric of Moray (p. 1 9 1 ) contains a protest ( 1 369- 
94) by Bishop Alexander Bur against the claims of John de Dunbar, Earl 
of Moray, and the burgesses of Elgin, regarding their making use of the 
port of Spynie, and the lands of Spynie, Kinneddar and the Inch. The 
bishop protests that the lands of Spynie, Kinneddar and the Inch have 
belonged past memory of man to the bishopric of Moray, that the port 
of Lossy, or, as it is otherwise called, the port of Spynie, and the fishing 
grounds in dispute are within the bounds of the aforesaid lands, that the 
bishops of Moray were wont to have fishers of sea fish dwelling in the 
town of Spynie, with their wives and families, sailing from Spynie to the 
sea, and bringing back their boats and fish by the said port, in name and 
right of the bishops of Moray, that Bishop Pilmore (1326-1362), with a 
view to improve and deepen the said harbour, proceeded as lord of said 
port to alter the course of the stream, and to sink boats there for that 
purpose, that he is prepared to prove that he and his predecessors have 
ever had fishers with cobles or boats for catching salmon and grilse and 
shell fish with net and hook on the grounds in dispute, no objection 
thereto being ever raised on the part of the Earl of Moray or the 
burgesses of Elgin, and that the Kings of Scotland exercised the same 
rights as the bishop during vacancies in the bishopric. 

The same Register (p. 369) also gives a graphic account of how the same 
Bishop, in 1383, arrested a small ship called a farcost. It happened on 
Sunday, the seventh of June, that as the bishop was crossing from his 
castle of Kinneddar to the church of Urquhart over his water of Lossie 
by the ford called Krannokysford, he found a farcost lying in the said 
water, near the sea. Going up to it, he asks of the only man on board 
whose vessel that was, or by whose license he had entered that water. 
The man replied that the vessel belonged to John de Lany, and that he 
had entered the water by leave of the burgesses of Elgin. The bishop 

* Keg. Afar., p. 188. fSee Illustration. 



PRE-REFORMATION TIMES. 17 

retorted that neither the burgesses of Elgin nor any one else had right 
thereto, and that the water belonged to the bishop of Moray, whereupon 
the bishop arrested the vessel and took a pledge. On his return from 
Urquhart that Sunday afternoon, the bishop found two burgesses of Elgin, 
Philip Bisset and Henry Porter, at the ship, taking out of her barrels of 
beer, tallow and flour, with horses and sleds, standing on the bishop's 
lands of Kinneddar. These he arrested, together with the ship and her 
anchors. 

John Dunbar, younger brother of George, Earl of March, having 
become sole heir of Thomas Randolph, Earl of Moray, and having 
married the Lady Marjory Stewart, daughter of King Robert II., 
obtained a charter of the Earldom of Moray from the King, his father- 
in-law (1372), that Earldom having reverted to the Crown a few years 
before. The King also granted the Earl a pension of a hundred pounds 
sterling furth of the customs of Elgin and Forres. 

On ist May, 1390, the said Earl remitted the assise of ale formerly 
paid to the Earl's Castle of Elgin, or, in lieu thereof, loos, out of the 
fermes of the burgh yearly, in consideration of the damage occasioned to 
the burgh by three pestilences and various violent attacks made by 
different persons.* 

But a greater calamity was soon to befal the town. On the feast of 
St. Botulph, the seventeenth day of June, 1390, Alexander, Earl of 
Buchan, son of King Robert II., commonly designated the "Wolf of 
Badenoch," entered the town at the head of a band of wild Highlanders, 
and spread almost unheard-of desolation through the fair city, burning 
the whole town totam villam de Elgyn the cathedral, the church of 
St. Giles and the hospital of Maisondieu. The chronicler of the event 
deplores also the destruction of all the books and charters deposited 
within the cathedral. The "Wolf" took this plan of revenge, it is said, 
for his excommunication by the Bishop of Moray, when he had seized 
some of the Bishop's domains. He deserted his wife for " Mariota filia 
Athyn," and was, on 2nd November, 1389, ordained by the Bishop of 
Moray to live with her, and became bound not to maltreat her under a 
penalty of two hundred pounds. In the same year, the office of Justiciar 
north of the Forth was taken from him. He burned Forres the month 
before he burned Elgin. The perpetrator of these outrages was after- 

* See Appendix C. 
D 



1 8 RECORDS OF ELGIN. 

wards absolved from the sentence of excommunication at Perth, at the 
door of the Blackfriars Church, and before the high altar thereof, by the 
Bishop of St. Andrews, in presence of the King, the Earl of Fife and 
others, on condition that he would satisfy the cathedral church of Moray. 
What restitution, if any, he made, either to the church or the town, is 
not recorded. He died not very long after, in the year 1394, and was 
buried in ihe choir of Dunkeld Cathedral. 

There still rings in our ears the touching wail of the Bishop as he 
pleads to the King for the rebuilding of his cathedral church 

Speciale patrie decus, regni gloria, et delectatio extraneorum et 
supervenientium hospitum, laus et cxaltatio laudis in regnis extraneis. 

Equally affecting, no doubt, was the wail of the burghers, although 
this has not been carried down to us through the centuries, as they 
beheld their church, their hospital, their whole town recklessly consigned 
to the flames. The King, we know, for several years gave an annuity 
of twenty pounds for rebuilding the cathedral, and it is pleasing to 
remember that the architectural features of the cathedral still remaining 
show that the " Wolf" cannot have burned all to the ground. 
The notable event is thus referred to by early writers : 

That ilk yhere eftyr syne 

Brynt the kyrk wes of Elgyne 

Be wyld wykkyd Heland-men, 

As wedand in thair wodnes then. 

Sum of thai for that wes slayne ; 

Sum tholyd wengeans and hard payne 

Till thare endyng, but remede. 

Fewe war of tha, that deyd gud Dede. 

(Wynton, sub. 1393, Bk. ix., xii., 143-150.) 

Sone efter this Alexander Stewart, 
The kingis sone, ane cruell man of hart, 
Erie of Buchane als in that tyme wes he, 
And for quhat [caus] I can nocht, bot I lie 
Tell zow this tyme, with sic haitrent and ire 
That samin tyme hes he brynt in ane fyre 
Of Murray sait the greit cathedrale kirk. 



PRE-REFORMATION TIMES. Ip 

Ane wickit man mon ay ill werkis wirk, 
And for no caus hot for the samin quhy, 
Becaus the bischop than did him deny 
All his desyre and warnit him his will 
Wrganand war than to grant him till. 

This Alexander, as that sum man sais, 
Of Badzenoch wes callit all his dais 
The vorax wolf, because all tyme that he 
Vsit oppressioun with crudelitie. 
Ze sail nocht fynd in no storie men reidis 
Ony gude said of him or zit his deidis. 

From " The Bulk of the Chronicles of Scotland, or a Metrical Version 
of the History of Hector Boece," by William Stewart, c. 1532 (published 
1858). 

Thomas of Dunbar, Earl of Moray, by deed of date 23rd May, 1393, 
granted to the alderman, bailies and burgesses of Elgin an exemption of 
custom upon all the wool, cloth and other things that go by sea out of 
" our " haven of Spey.* 

An interesting charter of date, 23rd July, 1393, one of the oldest in 
the vernacular, is preserved in the town's cadget. f By this charter 
Thomas Dunbar, Earl of Moray, frees of custom all goods exported by 
the burghers from the port of Spey. 

Be it knawyn tyl al men thrw yis present lettres Vs Thomayse of 
Dunbarr . Eryl of Murreffe . for tyl hafe grauntyt and gyfin tyl ye 
aldirman . ye baylis . of wre Burgh of Elgyne . and to ye burges . of y' 
ilke al ye wol . ye clathe and al vthir thyngis . y' gais be schipe owte of 
wre hafine of Spec . vncustomyt . ye qwhilkis we hafe consayvit . hurtis 
gretly yaire fredome ye qwhylkis oysyt It wald ryn vs to preiedyce . and 
to yaire fredome befornemyt . and yis as before wyt al men we wil nocht 
thole . In ye wytnes of ye qwhilkis thyngis we gerit put wre seel to yis 
present lettres at Elgyne xxiij day of ye moneth of Jule in ye yhere of 
grace . M. CCC. nynety and thre. 

The seal is gone, but the charter otherwise is in good preservation. 

*See Appendix D. tSee Illustration. 



20 RECORDS OF ELGIN. 

On i6th July, 1402, King Robert III. granted a warrant under the 
great seal, signed at Edinburgh, to Simon of Caithness, dean of 
Aberdeen, and John, son of Walter, to ascertain by an assise of faithful 
men whether the fishing of the water of Lossie belonged to the Earl of 
Moray and his burgesses of Elgin, or to the Bishop of Moray, the Bishop 
asserting that it belonged to the bishopric, and belonged thereto in the 
time of Thomas Ranulf, Earl of Moray.* 

The town of Elgin, for the second time within a few years, suffered 
severely at the hands of the spoiler and the. incendiary, and that although 
the perpetrators on both occasions were specially bound to defend the 
lands and property of the bishopric. On the third day of July, 1402, 
Alexander of the Isles, third son of the Lord of the Isles, plundered the 
College of Elgin of all valuables he found therein, burned a great part of 
the town of Elgin, and carried off the spoil to his Highland home. He 
returned to the college with a large army, bent, it may be, on further 
mischief, but, on being told that he had incurred the sentence of 
excommunication by having a few months before violated the special 
privileges and immunity the college had ever of old enjoyed, he and his 
men petitioned to be absolved of their past misdeeds, which accordingly 
was done by Bishop William of Spynie at the door of the Cathedral, and 
thereafter with great pomp before the high altar ; and in token of his 
contrition, Alexander of the Isles offered a large torticium ornamented 
with gold, his captains at the same time making offerings, and caused a 
cross with a bell to be erected at the place where the boundary of the 
sanctuary commences on the side next the town. This place, there is 
every reason to believe, was at or very near where now stands "The 
Little Cross." 

For the third time, within little more than half a century, Elgin was 
burnt. From Balfour's "Annals" we learn how the Battle of Brechin 
was fought on Ascension Day, the i8th of May, 1452, between Alexander 
of Seton, ist Earl of Huntly, the King's lieutenant, and Alexander 
Lindsay, third Earl of Crawford, and how the latter was defeated, his 
brother, James, killed, and many of his men. 

"The earle of Huntley imediatly after the batell of Brechin marches 
north to opposse the proceidings of Archbald Douglas, earle of Murray, 
quho had inwadit his landes and brunt the castell of Strathbolgie ; him 

* See Appendix E. 



&J?g* 

: f i a ^t> <o 



' l f 

;* -538 




^ f j ' 
y, ^r 

i >-> 



PRE-REFORMATION TIMES. 21 

he chases out of Murray and burnes the toune of Elgyne and he againe 
defaitts his armey at Dinkintey boge." 

The earliest Royal Charter now in existence, or that has been in 
existence for many a year, to the burgh of Elgin proper, is that of 
James II., of date 8th November, 1457. By that charter, James took 
under his protection the burgh and its inhabitants, and all their privileges 
and possessions.* 

By that period the great Douglas rebellion had been suppressed, 
Parliament having passed sentence of forfeiture, in June, 1455, on James, 
ninth and last Earl of Douglas ; on his brother, Archibald, " pretended " 
Earl of Moray, slain at Arkinholme ; and on his brother, the Lord of 
Balveny. The king created his infant son, David, Earl of Moray, but 
he died at the age of three years, a few months before the date of the 
charter referred to. 

Archibald of Douglas, Earl of Moray, granted a charter to the burgh, 
engrossing the royal charter of Alexander III., which he also thought 
proper to confirm in the common style and language used in the charters 
of kings confirming the grants of their predecessors, f 

The burgh of Elgin was first represented in Parliament at a meeting 
held at Edinburgh in 1469, but it was only a few years before that time 
that burghs began regularly to sit in Parliament, although tney were 
present at Cambuskenneth in 1326, and on a few occasions when money 
had to be raised ; shires were not represented till 1 593. Elgin and 
Forres had a joint representative at the Parliament held at Edinburgh 
on 6th October, 1488. Thereafter no return of members exists till the 
Parliament of i5th December, 1567, when Elgin and Forres sent separate 
representatives. The name of no member from Elgin is recorded 
previous to the Parliament held on 2Oth October, 1579, when Elgin sent 
two representatives, John Annand and James Garden. 

From the Exchequer Rolls and Lord High Treasurer's Accounts, it 
appears that King James IV. was present in Elgin in October, 1494, 
holding a Justice Ayre, and thence proceeded to Banff: 

Ad expensas [domicilii dom. regis] apud Elgin et Inuernes intrat. [in 
Libris ad extra] vii mo . Octob. anno nonagesimo quarto xij marte viii 
mutones et ad easdem expensas apud Elgin et Innernes intrat. in libris 

* See Appendix F. t See Appendix G. 



22 RECORDS OF ELGIN. 

vii m . Octobris octavo et vicesimo octavo eiusdem anni nonagesimi quarti 
iiij celd. x boll, ij ferl. frumenti. 

Justice Ayres. 1494. Apud Elgin penultimo Octobris. In primis a 
remissioune to Johne Gillemichell and otheris his complices Ivi li. ; item 
to Alexander Cumin of Altyre vi li. xiii. s. iiiid. ; to Androw Fresell and 
diuers others his complices vi li. xiii s. iiii d. ; to Duncane Cumin and his 
complices xvi li. ; to Androw Geddas and his complices xiii li. vi s. viii d. ; 
to Johne Fresell xl s. ; [to] Andro Geddes, zounger, x li. xiii s. iiii d. 

A few years after, the King was again in Elgin, as his Treasurer's 
Accounts show : 

1457. To William Balfour in Elgin to by him ane hors with be the 
Kingis command, ane vnicorne, ane Scottis crovne ; summa xxxi s. iiijd. 

1497, October. To the feriar of Spey xviii s. Item to the King 
himself to the cartis that he tint with the Erie of Lenochis Lord Home 
Lord Gray iij vnicornes ij French crownis, summa iiij li. ij s. Item to 
the Blak Freris of Elgin xiij s. iiij d. Item to by bred to the Kingis hors 
ij s. ijd. Item to mend the harnas sadill thare xviii d. 

1498, July. Rcssauit of the extreits of the ayres of Elgin xxiii li. 
1498, July. Ressauit of compositiounis of remissiounis of certane 

personis in the Justice aids of Elgin haldin in Februar the zere etc. 
nynte and vii. : j c . xxviij li. x s. 

1498. To the schiref of Abirdene to send the extretis of the airis of 
Elgin and Banf to the schireffis of thaim x s. 

The Treasurer's Accounts for the following years furnish several 
interesting particulars. We learn from them that in the year 1501 the 
King arrived at Aberdeen on 26th October, that he was at Strathbogie 
on the 28th, and on the 3ist October he crossed the Spey and arrived at 
Elgin the same night. Accompanying him on his journey was Janet 
Kennedy, daughter of Lord Kennedy, by whom the King had a son the 
previous year. At Elgin the lady's heavy baggage, which had started 
before them, had to wait till the Castle of Darnaway was ready for their 
reception. On the third of November the King arrived at Inverness, 
and thence proceeded to Tain, and was back to Inverness on i8th 
November. 

In the year 1503 the King arrived at Aberdeen on 6th October, 



PRE-REFORMATION TIMES. 23 

reached Strathbogie on the /th, and crossed the Spey and arrived at 
Elgin on the 8th October. 

1501, November. Item the first day [of November] in Elgin to ane 
man to pas to Strivelin with ane lettir of the Kingis to Andro Aytoun 
xiiij s. 

Item to Thorn Flemyng to bide in Elgin with the laydis gere quhill 
the place of Ternway be resavit ix s. 

1501, November 18. Item for carrying of the ladyis coffrez and hir 
gere fra Elgin to Ternway vi s. viii d. 

1501. The last day of October in Elgin to the kingis offerand to 
to ane preistis first mes xxviii s. 

Item the first day of November to the Freris of Elgin xiiij s. 

1 503. Item the vij day of October to the Blak Freris in Elgin xiiij s. 

Item to the Gray Freris there xl s. 

Item to Schir Andro Makbrek to preistis thare iiij li. 

1504, October 22. To the abbot of Cambuskinneth he gaif the 
Freris of Elgin xiiij s. 

1501. Item the secund day of November the Lordis passit fra Elgin 
to Invernes to the aire and wes at the aids of Invernes, Elgin, Banf and 
Aberdene. The aire of Aberdene endit the xvi day of December quhilk 
is in the hale xlv dayis to the Justice expens ilk day xl s. summa Ixxxx li. 

Compositions at Justice Ayres. The treasurer charges himself with 
" liiij li. xvi s. viii d. in [partem soljutionis compositionum itineris justiciarie 
de Elgyn [et For]es tenti xxiv to . Novembris anno v c j extendentium ad 
Ixxiiij li. x s. et sic de summa principali restant solvendc ut supra xix li. 
xiii s. iiij d." 

The treasurer charges himself " de xiij li. de resta summe xix li. 
xiij s. iiij d. de compositionibus remissionum itineris justiciarie de Elgin 
tenti anno v c . primo et restant vi. li. xiij s. iiij d. cum qua onerandus 
est thesaurarius." 

1501, August 22. Giffin to David Tempilman messengeir passand 
to Invernes, Elgin, Banf and Abirdene with the proclamations for the 
airis and with the portwis to the crounaris of the said boundis xxvi s. 

1 502, October 7. To the bote men of Spey be the kingis command 
ixs. 

1502, October 8. Item in Elgin in Murray to ane blind harpar 
thare be the kingis command xxviii s. 



24 RECORDS OF ELGIN. 

1504, October 19. Item to the madinnis that dansit at Elgun 
xj s. vi d. 

On nth October, 1505, the King crossed the Spey on his way from 
Strathbogie Castle, and next day at Spynie he was entertained by the 
singing of maidens. The bishop, Andrew Forman, who was high in 
favour with the King, no doubt provided the entertainment for his guest. 
The Queen, Margaret, daughter of Henry VII., whom James had 
married in 1 503, wrote to her father, soon after her marriage : " My 
Lorde of Surrey and the Bichopp of Murrey ordereth euery thing as 
nygh as they can to the kyngis pleasur." The King was at Darnaway 
on the 1 3th October, and again on his return on the 2Oth October, 
whence he journeyed by Spynie, the Spey ferry and Strathbogie. 

In 1506, the King was at Tain on loth September, and journeyed 
south by way of Darnaway, Pluscarden and Elgin. 

1506. Composition at Ayre held in 1501: Thesaurarius onerat se 
de vj li. xiii s. iiii d. compositionum itineris justiciarie de Elgin tenti anno 
quingentesimo primo. 

1505. Item the xij day of October to the Blak Freris of Elgin 
xiiij s. Item the xxi day of October in Invernes to Schir Andro 
Makbrek to dispone tharc and in Elgin vj li. 

1506. Item [the xxij day of September] to the Freris of Elgin 
xiiij s. 

1506, September 18. For the children expens in Elgin beand the 
Spanzartis clathis thare v s. 

The foregoing entry refers to nine Spaniards whom the King brought 
from the Lewis, where probably they had been shipwrecked, to Inverness, 
where he caused them to be well treated. 

1506, September 21. For ane hat to Cristofer bocht in Elgin vs. 

Christopher was the heir apparent of the King of Denmark, being 
the son of Princess Elizabeth, sister of King Hans. He succeeded 
King Hans as Christian II. 

1506, September 21. To the masons of Pluscardy in drinksilver 
xiiij s. Item in Elgin to the wemen that sang to the king vii s. 

Item to Liown tailzour to fee ane hors to ane Spanzart from Elgin to 
Linlithqw ix s. 



PRE-REFORMATION TIMES. 2$ 

On another occasion he passed through the town in pilgrimage to 
Tain : 

" In the zeir of God I M . V c . zeiris or thairby in the space of aucht 
dais he raid to Sanct Duthois his allane be Abirdene and Elgyn being 
ane lang way and returnit be the same way to the Castell of Striueling, 
quhilk wes neuer sene done be any king before nor salbe neuer efter." 

Bishop Leslie's version of the incident is that on 25th August, 1507, 
the King " in ane day ran on pilgrimage alane from Stirling through 
S. Johnstoun and Aberden to Elgin of Murray a hunder and xxx myles," 
and on to " S. Dutha of Rosse." 

Letters of Protection were granted by Queen Mary, of date 5th July, 
'555. to the Council and community of Elgin. The original is in the 
archives of the burgh, and is endorsed " Protectio balliuorum consulum 
et conburgensium burgi de Elgin." 

Maria de gracia regina Scotorum Omnibus probis hominibus suis ad 
quos presentes litere pervenerint Salutem sciatis nos dilcctos nostros 
balliuos consules et inhabitantes burgi nostri de Elgin viz. Magistrum 
Alexandrum Dowglas Alexandrum Williamsoun Thomam Zoung 
Johannem Robertsoun balliuos eiusdem Andream Myln Thomam Vmfra 
Jacobum Gardin Willelmum Gaderar Jacobum Pedder Willelmum 
Smyth Johannem Murray Jacobum Stevin Georgium Crukschank 
Jacobum Gadderar Willelmum Adame Alexandrum Cuming Willelmum 
Zoung Robertum Mawer Wilelmum Hay Johannem Vmfra Jacobum 
Wat Andro Cowy Robertum Straithauchin Andream Boyn Jacobum 
Suthirland Johannem Annand conburgenses dicti burgi Willelmum 
Balmannoch et Jacobum Williamsoun terras suas homines suos et uni- 
versas eorundem possessiones ac omnia bona sua mobilia et immobilia 
sub firma pace et protectione nostra juste suscepisse Quare firmiter 
inhibemus ne quis eis aut eorum alicui malum molestiam iniuriam seu 
grauamen aliquod inferre presumat iniuste super nostram plenariam 
forisfacturam presentibus post annum immediate valituris In cuius rei 
testimonium has literas nostras sibi fieri fecimus patentes Apud Edin- 
burgh quinto die mensis Julij anno regni nostri decimo tertio.* 

*The original bears the following indorsation : " Upoun the viii day of July the zeir of 
God I M V C and Iv zeris I Alexr. Cunynhame messenger past at comand of thir our Souerane 
ladeis letters to the mercate croce of Edinburgh and ther be opin proclamatioun maid publica- 
tioun of thir letters to all and sindrie our ladiis liegis in forme as efferis. This I did befor thir 



2 6 RECORDS OF ELGIN. 

It was recorded that King William the Lion granted a toft in the 
burgh of Elgin to the Abbey of Kinloss, and " unum toftum in Elgin " 
is enumerated among the possessions of the Abbey in a charter by 
Richard, Bishop of Moray (i 187-1203), taking the Abbey and their whole 
possessions under his protection. In Abbot Thomas Crystall's time 
(c. 1500), there was payable to the Abbey "e firmis et annuis in Elgyn 
marc. 2," and in the " Haill Rentall of the Abbay of Kynlos" (1574) is 
included the following : " Item the few lands of Elgin payis yeirlie 
xxxij s. iiii d." 

The following " Act anent maisterfull beggars " is in the town's 
cadget. The original of date 7th February, 1537, is in very good 
preservation, with the seal intact. At that date James was in Paris, it 
being the month after his marriage with Madeleine, daughter of the 
King of France : 

" James be the grace of God King of Scottis. To the provest, bailies 
and counsel! of our burgh of Elgin grcting forsamekle as it is ordanit be 
the lordis regentis and of counsell that our last act of parliament maid 
ancnt bcggaris and rewling of thame be put to dew executioun in all 
punctis and that proclamatioun be maid thairof conforme to the same in 
all places of the quhilk act of parliament the tenour followis In our 
parliament haldin at Edinburgh the xx day of Junij the zer of God 
JM yc xxxv zeris ancnt the refreing of the multitude of maisterfull and 
strang beggaris It is ordanit that the act maid thairupon of befor be 
vmq le . King James the first of gud mynde quhom God assolze be 
obseruit kcpit and put to scharp executioun in all punctis with this 
additioun That na beggaris be tholit to beg in ane parochin that borne in 
ane vther and that the hedsmen of ilk parochin mak and geif takinnis 
and that thai be sustenit within the boundis of that parochin and that 
nane vther beggaris be seruit with almous within that parochin bot thai 
that beers that takin alanerly vnder the pains contenit in the said act and 
that our Justice Clerk mak inquisitioun to tak dittay herapoun at enny 
our Justice air Our Will is herfor and we charge zow straitly and 
commandis that incontinent thir our letters sene ze pass and in our name 
and auctorite put our said last act of parliament anent the saidis beggaris 

witnesis Alexr. Dunbar of Cumnok Dauid Nicolsoun Duncane Wilsoun and William Patersoun 
with vtheris diuers and for the mair witnessing to this my indorsatioun my signet is affixit." A 
portion of the wax still remains. 



PRE-REFORMATION TIMES. 27 

and reule of thame to dew executioun in all punctis and publis and mak 
proclamatioun thairof at the mercet croce of our said burgh sua that 
nane of our liegis sail pretend ignorance thairof or allege that thai knaw 
not the same in tyme to cum as ze will ansuer to us thairupoun deliuering 
thir our letters be zou deulie execut and indorsat agane to the berar. 
Gevin vnder our signet at Edinburgh the vii day of Februar and of our 
regne the xxiiij zeir. Per dominos consilii." 

The Magistrates of Elgin had frequently to defend their rights against 
the encroachments of the Sheriff of Elgin and Forres. One of the 
earliest instances is recorded as follows : 

Double decreit Towne of Elgin against Alexander Dimbar of Cumnock 
and his deputs.* 

At Edinburgh the first day of June the year of God I M .V C . and 
fourtie years the lords of Counsell vnder writtin They ar to say wenerable 
fathers in God Alexander, Commendar of Cambuskynnoch president, 
Robert, Commendar of Kinlois, ane noble and mightie lord Walter, lord 
Sanct Johne, Mr. William Gibsone, dene of Restalrig, Mr. William Lamb, 
persone of Convith, Mr. John Pethame, personc of Kirk Christ, Mr. John 
Sinclair, persone of Snaw, Mr. James Fowlis of Colingtoune, clerk of 
register, Mr. Thomas Ballenden of Auchnowlishill Justice Clerk and Mr. 
Henry Balnevis of Salhill thesauer clerk, anent our Soweragne lords 
letters purchast at the instance of the prowcst bailzies counsel! and 
comunitie of the burgh of Elgin againes Alexander Dunbar of Cumnock 
shereff of Elgin and Forres and his deputs that wher they and ther 
predicessors hes in all tymes bygane bruikit the friedome and libertie of 
the said burgh sen thair first fundatioun made to them be King 
Alexander whom God assolzie lyke as they are yet and the prowest and 
bailzies of the said burgh ar competent judges to themselves in all 
actiones concerning the inhabitants of the samyn and is in vse and 
possessione thairof nottheles the said Alexander Dunbar shereff forsaid 
and his deputs molestis and daylie inquiets and troubles them and ther 
nighboures and callis them to his courts for actiones depending betuixt 
nighbour and nighbour intending him to be judge therto and als calls 
them and so many of ther nighbours as he pleases furth of ther owne 

'The original is of date 1540, but this "double" is apparently of date c. 1677. 



28 RECORDS OF ELGIN. 

jurisdictione to the toune of Forres ten myles distant from them and 
compells them to make ther vapinshawings befor them and gif they 
failyie poynds them and takes ther vnlawes lyke as they wer vnder his 
jurisdictione and sua comitts comone oppressione upon them and of his 
autoritic will charge ther officers and bailzies to remane in the tolbuith 
expres aganst justice they haweand jurisdictione as others frie borrowes 
within the realme hes as at mair lenth is containt in the saidis letters the 
saidis prowest, bailzies counsell and comunitie compeirand be Mr. Thomas 
Marjorybanks ther procurator and the said Alexander Dunbar of 
Cumnock shcrcff forsaid and his deputs compeirand be Mr. James 
Makgill ther procurator the lords of counsell decerns and ordains letters 
to be direct charging the said Alexander Dunbar of Cumnock shereff of 
Elgin and Forres forsaid and his deputs to desist and cease fra all calling 
proceeding or vnlawing of the saids prowest bailzies counsell and 
comunitie of the said burgh but that they may vse ther owne friedome 
lyke as others borrowes within the realme does conforme to the acts of 
parliament and borrow lawes and to ther infeftments discharging them 
therof and of ther offices in that pairt. Becaus the said Alexander 
Dunbar shereff forsaid and his deput wer chargit of befor to hawe 
compeircd befor the saids lords and shawin ane reasonable caus why the 
samyn should not be giwin with certificatione to them as efferis and the 
said Mr. James Mackgill procurator forsaid compeired and shew na caus 
in the contrair and was clearlie vnderstand to the saids Lords . 
Extractum de libro actorum per me Alexandrum Hay, clericum 
rotulorum registri ac consilii s : d : n. regis sub meis signo et 
subscriptione manualibus . Subscribed thus ALEXANDER HAY. 

The troubled state of the town and district a few years before the 
Reformation is well exemplified in the following extracts from Pitcairn's 
" Criminal Trials " : 

'555. April 30. Convocation. Oppressing the Laird of Innes. 

Alexander, Prior of Pluscardin, Mr. David Dunbar, Dean of Murray, 
Sir Thomas Ross, chaplain and Alexander Dunbar, parish clerk of 
Raffert were replegiated by Patrick, Bishop of Murray for convocatioun 
of the lieges and oppressing the Laird of Innes and his servants in the 
month of January last : Sureties James Dunbar of Tarbert, and Alex- 
ander Dunbar of Cunzie. Gawin Dunbar, Rector of Rosmarkyne and 



PRE-REFORMATION TIMES. 29 

James Dunbar parish clerk of Cumnok were replegiated by the Bishop 
of Ross, the Archbishop of Glasgow, &c. 

Convocation. Sacrilege. Invading the Prior of Pluscarden, &c., in 
presence of the Holy Sacrament. Hurting and Wounding. 

May 2. Willam Innes of that ilk and thirty two others (including 
James Innes of Monbenys, John Innes, brother of James Innes of 
Dranye, Andrew, son of James Innes of Lewcharis, Andrew Innes, alias 
"Cow the jegat" and Andrew Innes called "the Scolar") found John, 
Lord Borthuik surety for their underlying the law at the next aire of 
Elgin and Forres for convocation of the lieges to the number of eighty 
persons armed in warlike manner and coming within the cathedral 
church of Elgin during vespers and there cruelly invading Alexander, 
Prior of Pluscarden, Mr. David Dunbar, Dean of Murray, Alexander 
Dunbar of Conze, James Dunbar of Tarbert and sundry others of their 
friends for their slaughters in presence of the Holy Sacrament and also 
hurting and wounding James Dunbar, son of the Laird of Tarbert and 
Alexander Swyne in sundry parts of their bodies : committed upon 
ancient feud certain purpose and forethought felony on January 1st last 
and for other crimes contained in the Letters. 

Feud between the Dunbars and Inneses, &c. James Dunbar of 
Terbert, David Dunbar of Bennagefeild Jasper VVause of Lochslin and 
ten others found surety to underly the law at the next Aire of Elgin and 
Forres for convocation of the lieges in warlike manner to the number of 
sixty persons under silence of night and coming to the Cathedral Church 
of Murray and there invading William Innes of that ilk and his servants 
for their slaughters on January ist last committed upon ancient feud, 
forethought felony certain purpose and provision. 

The Earl of Haddington's MS. Collections (Adv. Lib.) furnish a copy 
of the proceedings of the Justice Aire of Elgin and Forres held and 
begun at the burgh of Elgin on Monday, iyth August, 1556, before John 
Erskine of Dun, Justice Depute. This Aire terminated on I7th October, 
1556, being the twenty-first day of the sittings. The cases tried at this 
assise were mostly of a trivial character. The following is interesting : 

" Proclamatio 

" We command and charge in oure sowerane ladeis name hir darrest 
moder the Quene Dowariare and Regent of hir realme and hir Justice- 
Principall and his Deputtis heir present : That na manner of persone or 



RECORDS OF ELGIN. 



persones cummand to this present Justice-Aire remanand thairat or 
passand thairfra invaid ony of thame vtheris ather for auld Feid or new, 
wnder the pane of deid : And that na maner of persone nor persones beir 
vther wappinnis hot schort knyffis at thair beltis except the Justice 
Scheref, Crowneris and thair deputtis, officiaris, houshold and servandis 
vnder the pane of escheitting of thair wappinis and pvneissing of thair 
persones wairding or vtherwayes at the will of our sowerane ladeis 
darrest moder and Justice. And that all maner of victuallis be brocht to 
the mercat and sauld for reddie money for the prices following ; and that 
na prices thairof nor zit the lugeing, bedding stabulling or vtheris 
quhatsumcvir asiamentis and necessaris for lugeing and furnessing of our 
sowerane ladeis leigeis be rasit or hichtit vpone thame ; bot that the 
samen be sauld and furneissit of the pryces following That is to say the 
laif of guid sufficient quhcit breid for sustentation of the Quenis Majesteis 
Houshald and remanent nobill men of xxii vnces wecht iiij d. 

The pynt of Burdeous vyne ..... xii d. 

The pynt of fine Scherand or Amzcrk vyne . . xd. 

The quairt of guid aill to be sauld for . . . viiid. 

The best mutton bowik for ..... vi s. 

And vther nocht sa guid to be sauld vnder 
that pryce as it is of availl 

The pryce of ane guiss xviii d. 

The muirfoull ....... iiij d. 

The capone to be sauld for xii d. 

The peiss of pultric ...... vi d. 

Gryt chikkinis ....... iv d. 

The gryse xii d. 

Four eggis for ....... id. 

The kid for ij s. iiij d. 

The carcage of the best beiff to be sauld for . . xxxvj s. 
And vtheris wnder vpone smallar pryces as 
it is of availl 

The peck of horse corne that is guid 

The threafe of fodder 



The pund of candill of the fynest and fairest saif 
for ......... 

The leid of peittis . 



viij d. 
viij d. 

viij d. 
ij d. ob. 



And that thair be guid cheir throw all the toune for gentillmen and thair 



PRE-REFORMATION TIMES. 31 

servandis for xii d. at the melteithe [each meal, at the principal meal-tide 
or dinner]. The furneist bed on the nycht and that to freithe the 
chalmer iiij d. [to be the whole charge of the apartment]. The stabill fie 
for ane horse xxiiij houris id. Vnder the pane of confiscatioune of all the 
guidis of the brekeris thairof. And that nane of oure souerane ladeis 
leigis tak vpone hand to eitt distroy or stramp doune ony growand 
cornes with thair horssis or oppinlie or privatlie to carry or tak away ony 
schorne coirnes and scheves of the fieldis, with certificatioun to the 
awnaris of the said horse that it salbe lesum to the awnaris of the saidis 
coirnis to tak and hald the saidis horssis quhill thay be payit for the first 
fait xs. the secund fait xxs. and the thrid fait the samin salbe escheittit 
to our souerane ladeis vse. And in lykvaise we command and chairge 
all maner of persones that nane of thame tak vpone hand to scheir ony 
growand coirnis with certificatioune to thame and thay do in the contrair 
it salbe lesum to ony persones to tak and apprehend thame with the 
saidis coirnes and bring thame to oure souerane ladeis Justice to be 
pvneist with all rigour conforme to the lawis and conswetud of this 
realme. And gif ony persone or personis brekis this present Proclama- 
tioun thay salbe callit in this present Justice Aire thairfoir and for 
commoun oppressouris of our souerane ladeis pure leigis thairthrow and 
pvneist thairfoir to the rigour. And ordanes the Frovest and Bailzeis of 
this burche to searche and seik the brekeris of this Proclamatioun and 
bring and present thame to the Justice that they may be puneist for 
thair demereittis as accordis." 

On 3ist August, 1556, the Magna Assisa or Grand Jury of Elgin 
and Forres twenty-nine in number included " William Innes de 
eodem, Alexander Gumming de Ernisyde, Alexander Sutherland de 
Duffus, Joannes Annand in Elgin, Andreas Sutherland de Greifschip, 
Dauid Dowglass de Erlismyll, Mr. Alexander Dowglas, prepositus de 
Elgin, Joannes Innes, senior, in Elgin, Joannes Hay de Park, Wilelmus 
Cuming, Wilelmus Auldcorne, Wilelmus Gadderare, burges de Elgin, 
Alexander Dunbar de Cumnok," &c. 

1556, September 2nd. Alexander Dunbar of Cumnok, Sheriff of 
Elgin and Forres, found James Dunbar of Tarbet cautioner for him 
under the pain of 1000 merks to appear before the Queen at Aberdeen 
on 26th September instant. * 

*The Diurnal of Occurrcnts states that in July, 1556, the Queen Regent "held justice 
airis in Innernes and thairfra in Elgine and thairfra in Banff and thairefter in Aberdene." 



, 2 RECORDS OF ELGIN. 

On 24th November, 1554, Alexander Dunbar of Cumnok, Patrick the 
young laird of Cumnok and thirty-four others were put to the horn for 
the slaughter of James Cummyng in Dollacebi achty, son of Alexander 
Cummyng of Altyre. Sir Alexander Duf, chaplain, was repledged by 
the Bishop of Murray. 

On 1 2th March, 1560-1, James Hay of Mayne, Alexander Guthrie in 
Elgin and seven others burgesses of Elgyne were delated before the 
Lords for convocation of the lieges to the number of eight score on the 
eighth day of January last, and for setting upon Alexander Robertson in 
1'ittendreich and others tenants and servants to Elizabeth Douglas, Lady 
of Pittendreich, and hurting and wounding them to the great effusion of 
blood. They compeared not and were denounced rebels. 



REFERENCES TO EU;IN IN "EXCHEQUER ROLLS OF SCOTLAND" 

(1365-1560). 

Few burghs in Scotland will search that important series of volumes 
published by Government, " The Exchequer Rolls," without finding 
therein interesting and valuable information regarding their ancient 
history. The relation of Elgin as a burgh to the Crown in ancient 
times was not favourable to frequent reference in the " Exchequer 
Rolls," and, so far as these Rolls are concerned, the existence of Elgin 
as a burgh would frequently not even be surmised. It is interesting, 
however, to cull such information as they contain. 

In 1365, the Countess of Moray had her terce from the customs of 
Elgin and Inverness, the whole of which had belonged under the charter 
of the Earldom to Thomas Randolph and his two sons. The Chamber- 
lain of Scotland received from the custumars of Elgin between the years 
1367 and 1370 on an average the sum of 119 53. 6d. yearly. This 
custom was payable mainly from wool, skins and hides at the port or 
ports of Elgin. The receipts from customs on export for one year may 
be given : The account of Richard Johnson and Thomas Byset, 
custumars of Elgyne, from I2th January, 1368, to i6th January, 1369, 
83 us. id. from the custom of 6 lasts 2 sacks and 16 stones of wool ; 
3 IDS. from the custom of 530 skins ; and 29 is. 4d. from the custom 



PRE-REFORMATION TIMES. 33 

of 10 lasts 1 8 dacres of hides.* No accounts of the custumars of Elgin 
exist for many years after 1377, and when they reappear the customs are 
much contracted in bulk. 

An account of the custumar of the salmon of Elgin was rendered in 
April, 1429, and shows 42 as the custom from the date when the 
payment of said custom was appointed, arising from 9 lasts and 6 barrels 
salmon, Hamburg measure, and 9 lasts and 8 small barrels of salmon.f 
The custumar points out that as the Earl of Moray would not allow him 
to exact this custom from the men of Moray, the custom shown was 
derived only from Englishmen and foreigners, j 

The customs of Forres and Elgin for the year 1430 amounted to only 
12 8s. I id., mostly contributed by wool and hides, but including woollen 
cloth, also the sum of 45. 8d. for the custom of the skins of 17 stags, 
50 foxes, and 20 roedeer. The next extant account is for the burghs of 
Elgin and Forres, for a period of nearly two years preceding July, 1435, 
but the custom amounts to only 18 95. gd. in new money, and arises 
from 3 sacks 6 stones of wool, 32 woolfells, 3 lasts, 17 dacres, 5 hides, 
and some woollen cloth shipped in two vessels at the port of Fyndarne. 

The accounts of 1459 tell of a visit of King James II. to Ruthven in 
Badenoch, and to Kinloss and Aberdeen, and in 1460 they refer to an 
intended but unaccomplished journey to the north, for which great 
preparations were made : " pro cariagio de le maschfat de Elgin ad 
Invernys vs. vid.," while 19 chalders of coals (carbonum) were prepared 
for the King at Inverness at a cost of IDS. per chalder. But the King 
was killed on Sunday, 3rd August, 1460. 

In 1460 it appears from the accounts that a chaplain in the castle 
received two merks from " le Greyfschipe de Elgyn," besides eight merks 
he received from the lands of Pittendreich. 

The accounts of 1460 show that 73. was paid to two persons to go 
with letters to Elgyn, Kyndromy, and various other places, to counter- 

* 24 stones i sack ; 10 sacks = I last of wool ; 10 or 12 hides = I dacre ; 20 dacres = i last. 

fThe Hamburg barrel paid 53. custom, the small barrel 2s. 6d. Prior to 1466 the duty on 
salmon at Aberdeen was 2s. for Hamburg barrel, but in 1466, by Order of Council, it was 
assimilated to that of other ports, viz., 35. a barrel. 

JAn Act of Parliament of 1424 imposed a duty of 2s. 6d. per pound value on salmon 
" bocht be strangeris and had out of the realm," but an Act of 1426 declares the custom to be 
payable by indwellers in the realm as well as by " fremmyt men." 

The rates fixed by Act of Parliament were 6d. for each ten tod skins, and 4d. for each ten 
" dais and rais skynnis. 

F 



34 RECORDS OF ELGIN. 

mand the arrangements for the king's hunting. Also IDS. paid for 
expenses of masons and carpenters who went from Elgin to Inverness 
to repair certain houses against the arrival of the king. The following 
entry shows us how the king, when he resided in the manse of Duffus, 
thus implying that the castle on Ladyhill was not then of much account, 
built a kitchen to the said manse, the cooking arrangements of the 
manse being apparently unsuitable for a king ; how there were bought 
for the king, while he stayed there, stock-fish and peas, and how, when 
the master of the house, the rector, Master David Stewart, was abroad, 
the house took fire and was burned down, and the king had to look 
out for other lodgings : 

1458. "Pro fabrica coquine pro domino rege in manso de Duffous 
infra collegium cathedralis ecclesie de Elgin 403. Et allocate eidem pro 
piscibus qui dicuntur stokfisch et tribus bollis pisarum emptis per 
compotantem ad expensas domicilii domini regis et combustis in manso 
compotantis tcmpore residencie sue extra regnum, domino rege residente 
in dicto manso de Dufhous 4 li. 153. Et pro una celdra et una bolla salis 
albi de granario emptis per compotantem a Johanne de Camera de Elgin 
pro lardaria domini regis facta in dicto manso de Dufhous 3 li. 8s. Et 
pro viginti bollis salis albi emptis per compotantem a magistro Ricardo 
Forbas ad eandem lardariam precium bolle quatuor solidi 4 li. Et pro 
septem martis emptis per compotantem a collonis de Ardmanach cum 
coriis ad eandem lardariam cum cariagio et sumptibus manancium et 
locatis ut asserit compotans in dicta lardaria 5 li. 33. 4d." (Vol. VI., p. 483.) 

In view of the long and close connection of the Earls of Moray with 
the burgh of Elgin in former times, the following notes from the Preface to 
Vol. VI., p. cxxxiii., " Exchequer Rolls," will be found interesting and 
valuable : The territory erected by Robert Bruce into an earldom in 
favour of his nephew, Thomas Randolph, comprised the larger part of 
the modern counties of Elgin, Nairn and Inverness. The burghs of 
Elgin, Forres and Nairn were expressly granted, reserving the liberties 
of the burgesses, who were to hold of the Earl instead of the King. 
The Earldom of Moray bestowed by Robert II. on his son-in-law, John 
Dunbar, in 1372, was rather more limited in extent. Earl John was 
succeeded by a son and grandson, and then by another grandson, son of 
his younger son, Alexander Dunbar of Frendraught. This last Earl 



PRE-REFORMATION TIMES. 35 

James, who died near the end of the reign of James I., had two daughters, 
Janet, wife of the eldest son of Chancellor Crichton, and Elizabeth, who 
married Archibald Douglas, third son of the seventh, and brother of the 
eighth and ninth Earls of Douglas. In terms of the investiture, the 
Earldom would have been inherited by the elder sister Janet, but we in 
the first instance find the husband of the younger sister, Archibald 
Douglas, designed, whether in his own right or his wife's, Earl of 
Moray, 1449, 1451 and 1453 (in the last case the name may have been 
merely transcribed from the former documents). The death of William, 
Earl of Douglas, by the king's hand in 1451-2, led to open hostilities 
between the king and the Douglases, and at the Parliament of 
June, 1452, Sir James Crichton, husband of the elder sister, was 
" belted " Earl of Moray. The Earl of Douglas's submission was on 
28th August following, and his brother seems at the same time to 
have repossessed himself of the Earldom of Moray, though not without 
his right being disputed. On I2th May, 1453, Archibald Douglas, Earl 
of Moray, is included in a safe conduct to his brother, but James, Lord 
Crichton, is called Earl of Moray in the Exchequer Accounts, July, 1454, 
and after his death in 1456. But the actual possession of the Earldom 
seems to have continued throughout with Archibald Douglas, who fell at 
Arkinholm, ist May, 1452. Nineteen days after Arkinholm his widow, 
Elizabeth Dunbar, agrees to marry the Master of Huntly (the common 
genealogies make her his niece, but the editor doubts if Lady Janet 
Gordon was her mother), but the marriage was dissolved for attainder 
being pronounced against Archibald Douglas, her possessions were 
escheated, and the King bestowed the Earldom on his infant son, David. 
The Countess married (3) Sir John Colquhoun of Luss. 

The issues of the Chamberlain ayre in Elgin in 1435 amounted to 
3 6s. 8d. No Exchequer accounts are extant for Elgin, Forres or 
Nairn for the period 1437-1454. 

Mr. David Stewart, the King's Chamberlain north of Spey, charges 
himself in his accounts for the period loth February, 1455-6, to 22nd 
September, 1456, with eight pounds from the lands of the Greveschip of 
Elgin, 33. 4d. from the lands of Schetingacres, 33. 4d. from Lynthalch, 
and 53. from the eight crofts of Elgyn. The accounts for 1456 show a 
yearly payment of 405. from the fermes of the burgh of Elgin, in terms 
of the foundation of Alexander II., to a chaplain in the cathedral church 



36 RECORDS OF ELGIN. 

of Moray to pray for the soul of King Duncan, and also a payment of 
five pounds from the same source to the chaplain of the Blessed Virgin 
Mary in the chapel of the Castle of Elgin. The latter chaplain was also 
paid yearly the sum of 35. 6d. from the " acres of Elgyn " for bread, wine 
and wax. 

The Chamberlain's account for the period from Whitsunday, 1456, to 
loth July, 1457, contains the following entry: "allocate compotanti pro 
amphoris, pipis, ciphis et aliis vasis ligneis emptis per eum ad usus 
domini regis et repositis in mansione sua pro domino rege et combustis 
ibidem temporc quo dominus rex fuerat ultimo apud Elgyn 403." 

The King spent a great part of the years 1457 and 1458 north of 
Spey, chiefly at Kinloss, Spynie, Elgin and Inverness. He was present 
during that time at Justice Ayres in Elgin and Inverness, and was 
resident for some time in the manse of Duffus within the College of 
Elgin. 

In 1459, Thomas of Carmichael and Lord Glammis came to Elgin to 
let the King's lands, and about the same year it is recorded that ships 
took corn from Fynderin and Lossy to the port of Leith. In early times 
wheat and salmon was mostly exported to Leith from this district. The 
"Ledger of Andrew Halyburton (1492-1503)," shows that salmon was 
also exported at that period to the Netherlands from Elgin, the chief 
place of export being, however, Aberdeen. 

The Chamberlain of Moray, James Douglas, charges himself with 
eight pounds, being the whole rents of the burgh of Elgin from 4th 
October, 1466, to 8th June, 1467. 

In 1476, James Douglas, custumar of the burghs of Elgin and Forres, 
charges himself with twenty pounds, being the custom of salmon carried 
beyond the kingdom for two years past. What the custumar accounts 
for the following year is the custom of 13 dacres 8 hides, .1 i6s. 8d., 
but for the year ending i8th July, 1478, he charges himself with 10 
dacres hides (i 6s. 8d.), and u lasts 4 Hamburg barrels salted salmon, 
20 8s. Total, ,21 143. 8d. Next year, 24 lasts of salted salmon were 
exported, and of that number the custom of 7 lasts was remitted to 
Thomas Tod, moneyer, to release the King's silver articles out of pawn. 
In 1478, salmon were ordered to be packed only in barrels of Hamburg 
measure (12 barrels = i last), and in 1487 it was ordained that each barrel 
should contain 14 gallons. For the year ending 27th July, 1480, 15 lasts 



PRE-REFORMATION TIMES. 37 

6 barrels of salmon, Hamburg measure, were customed at the burghs of 
Elgin and Forres, and carried beyond the kingdom. In 1485, the 
Chamberlain of Moray charges himself with 155. jd., "de firmis novem 
croftarum de Elgin," "et de 13 li. 6s. 8d. de Grefschip de Elgin que sunt 
firme burgales dicti burgi." The burgh fermes remained unchanged in 
1493, but appear in 1501, perhaps by mistake, as 13 li. us. 8d. It is 
noted in the " Rolls " about this time that James Douglas of Pittendreich 
"has had and exersit the office of Chaumerlanery of oure lordschip of 
Murray this lang tyme bypast." 

Sir James Dunbar of Westfield was custumar of Elgin, Forres and 
Inverness, and all he has to account for from these burghs in 1502 
was of hides i last 17 dacres 5 hides (5), and 14 lasts u barrel salmon 
(^35 1 6s.). Total, 40 i6s. The custom of 3000 cod in the year 1504 
amounted to ^3. 

The expenses for the provision of the king at Elgin, Forres, Inver- 
ness and Darnaway appear in the account of Walter Ogilvie of Boyne, 
Chamberlain of Moray, of date yth August, 1502. The expenses of the 
king in Elgin, Inverness and Dingwall in October, 1503, amounted to 
24 bolls wheat, although the king " minime remansit in dictis locis." 
Included in the expenses of the king's house in Elgin prior to 9th July, 
1504, is the following: "2 marte 2 quarteris 2 mutones unacum quinque 
duodenis pultriarum." Also us. for wild birds bought for the king's 
house in Elgin, also the custom of 3 lasts 6 barrels salmon of the fishing 
of Spey let to the burgesses and community of Elgin. 

The accounts of the Chamberlain of Moray for the year preceding 
July, 1508, contain payments as before, viz., 403. to a chaplain to pray 
for the soul of King Duncan, five pounds to the chaplain in the castle, 
these payments being both from the fermes of the burgh, also 33. 6d. to 
the latter chaplain from " the acres of Elgin " for bread, wine and wax, 
also the customary payment to the Mair of Elgin. 

There were also paid to the " husbandi " of Elgin and Forres for 
9 marts and 16 sheep as expenses of the king on his pilgrimage to 
St. Duthac ; two chalders wheat to the Friars Preachers ; 10 bolls to the 
Friars Minorites and for expenses of the King at Dernway and Elgin in 
the time of his pilgrimage to St. Duthac ; and 10 bolls barley to the 
Friars of the Observance at Elgin. 



38 RECORDS OF ELGIN. 

igth July, 1509, to 2nd August, 1510: Expenses of the King and 
Queen at Elgin when they went towards St. Duthac last Pasch, 
7 I2s. lod. ; malt for the provision of the King and Queen in March, 
1 509, in Elgin when they came to the North, extending to 24 barrels ale 
2 chalders 10 bolls 2 fi riots barley. The price charged for a sheep was 
I2d., and for a mart 45. 6d. to 53. 

Two Crown Commissioners Andrew, Bishop of Caithness, treasurer, 
and Archibald, Earl of Argyle came to Elgin, and on 8th June, 1511, 
granted tacks for five years of the possessions of the Earldom of Moray, 
including the greifschip of Elgin, set for 13 6s. 8d., of which it is said, 
"clamatum in feodifirma per burgenses et communitatem de Elgyne et 
assignatur ipsis decimus quintus dies Julii proxime futuri ad ostendendum 
eorum infeodationem in scaccario aut solvere firmam in margine cum 20 
marcis dc grassuma." 

The payments made for the year 1514 arc similar to those for 1508 
(supra). They include from the greifschip of Elgin and to the chaplain 
celebrating in the chapel within the castle of Elgin, ten merks from the 
lands of Pcttindreich and greifschip by foundation of James Dunbar, 
Earl of Moray ; to the Bishop of Moray for the site of Schirefmyll in 
terce of Duffus and annual rent of Caldcottis, 333. $d. ; to the mair of 
Elgin, a hereditary office, 2 ; to the Friars Preachers of Elgin, two 
chalders wheat ; and to the Friars Minorites, 10 bolls wheat and 10 bolls 
barley. 

It is noted in the "Rolls," under the year 1522, that the reddendo of 
the lands of Burdsyards is the supplying a horse to the King when he 
rides from the burgh of Forres to Elgin Castle. 

The non-appearance of Elgin in the " Exchequer Rolls " is thus 
explained sub 1523: It is to be noted that the baillies of Elgin and 
Forres did not render an account of burghal fermes for many years 
before Floddcn, nor even yet, which burgh fermes belonged before said 
battle to the King, and now after said battle the said fermes belong to 
the Earl of Moray by infeftment made by James IV. to the said Earl, 
his natural son, as appears by letter under the Great Seal (propterea 
ballivi dictorum burgorum minime veniunt onerandi post dictum bellum 
de dictis firmis). 

This also explains why no payments appear in the " Rolls " as made 
to the Friars and others about this time. 



PRE-REFORMATION TIMES. 39 

There is no appearance of Elgin in the " Exchequer Rolls " from 
1529 to 1555. In October of the latter year the account of the bailies of 
the burgh was rendered at Edinburgh by William Gadderar for the pre- 
ceding twelve months, as follows : 

Charge: Burgh fermes by feu charter, 13 6s. 8d. 
Discharge : To chaplain in Cathedral Church of Moray, 403. ; to 
Comptrollers, 11 6s. 8d. Sum, 13 6s. 8d. 

The account of the custumar of Moray and of the ports of Findhorn 
and Spey from 22nd September, 1555, to i6th December, 1556, is as 
follows : 

Charge: Custom of 100 woolfells, 135. 4d. ; of 300 schorlings, 2os. ; 
of 2 lasts 7 dacres hides, 6 53. ^d. ; of 450x3 cod, 9; of 116 lasts 
2 barrels salmon, 326 i6s. Sum, 343 143. 8d. 

One cannot but watch with interest the entries, especially those of an 
ecclesiastical character, in the " Exchequer Rolls " immediately before 
the Reformation. The date usually assigned to the Reformation is 
25th August, 1560, but a year or two before that date ominous signs 
begin to appear in the " Rolls'" such as payments that were formerly 
made out of customs or burgh maills to religious houses, now ceasing to 
be paid thereto, and thus falling to the Crown. 

In 1557 the sum of 403. was paid as usual to the chaplain in the 
cathedral, but there are no entries referring to the chaplain in the castle, 
&c. The account of the custumar of Moray rendered in 1558 for one 
year and seven months shows a total charge of .705 153. 4d., consisting 
of .701 as the custom of 252 lasts I barrel of salmon customed at the 
ports of Spey and Findorne ; 53. 4d. of 2 dacres hides ; 4 IDS. of 
7 lasts 6 barrels cod. 

William Ogilvy, Chamberlain of Murray, for the period December, 
1556, to September, 1558, made the following payments : to five chaplains 
in the chapel of St. Thomas the Martyr in the Cathedral Church of 
Moray, by the foundation of Thomas Ranulph, Earl of Moray, and 
confirmation of King Robert I., ^23 133. 4d. yearly; to Sir Thomas 
Barclay, chaplain, 10 yearly, his pension by old foundation ; to the 
Friars Preachers of Elgin, by ancient royal gift, 4 chalders wheat for the 
two years ; to the Lesser Friars of the Observance of Elgin, 10 bolls 



4O RECORDS OF ELGIN. 

wheat yearly allowed by the King is for the period of the account 
I chalder 4 bolls ; and also to them, 10 bolls bear annually for the period 
of account I chalder 4 bolls. 

Account of the baillies of the burgh of Elgin from 6th August, 1558, 
to 2nd September, 1559: Charge, 13 6s. 8d. burgh fermes by feu-charter. 
Discharge, To chaplain in the Cathedral Church of Moray, 2OS., to comp- 
troller, 11 6s. 8d. Sum, 13 6s. 8d. 

Account of Alexander Anderson, custumar of Murray, from 3rd 
October, 1558, to roth September, 1559: Charge, 535. 4d. custom of 
400 woolfells customed at the ports of Spey and Fynderne ; 403. of 
600 schorlings; 35. 4d. of 200 gaitskynnis ; 341 8s. of 122 lasts 3 
barrels salmon. Sum, 346 43. 8d. 

Account of the baillies of Elgin from 2nd September, 1559, to 5th 
November, 1 560 : Charge, as before, 13 6s. 8d. Discharge, To 
comptroller, 11 6s. 8d. Balance, 403. Henceforth there are no pay- 
ments to the chaplains. 

The Chamberlain of this time does not appear to have been very 
punctual in making payments, as the following entry shows : 

At Edinburgh, 2;th September, 1558, Compeared before the Lords 
of Council William Ogilvy of Alaneboy, chamberlain of Murray, and 
became bound to pay to Friar John Black, Preacher, conform to the 
comptroller's precept, direct to the said William Ogilvy, the sum of 20 
within twenty days, under the pain of rebellion and putting to the horn. 

The following petition is written at the end of the " Exchequer Roll," 
with the account of the baillies of Elgin for the period from 24th October, 
1561, to 8th November, 1562. It belongs, however, to the period of 
Murray's regency : 

" My Lord Regent : Unto your grace humlie menis and schawis the 
provest and baillies of the burgh of Elgyn, that quhair we ar detbund to 
your grace in tuentie markis of yeirlie dewtie callit greveschip males to 
the Erledome of Murray, quhairof we maid payment to your grace 
predicessouris, erles of the said erledome for the tyme, and had no forder 
charge nor cummer thairfor nothair in the chakker, nor utherwys, and 
the said erledome cumand in the quenis grace handis we maid payment 
of the said sowme yeirlie in the chakker quhill your grace wes promotit 
to the said erledome, and sen syne have maid payment thairoff yeirlie to 



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CHARTER JOHN DUNBAR. EABL OF MORAY. 
TO THE BURGH OF ELGIN 1390. 



PRE-REFORMATION TIMES. 41 

your grace and chalmerlanis ; hot nevertheles ar burdenit to compeir 
yeirlie in the chakker thairfor and gif compt thairof and tak allowance 
of the samin upone your chalmerlanis acquittanis, albeit of before in 
your predicessouris tymes we had na forder cummer nor travaill bot 
onlie to mak payment at hame to the chalmerlane, quhilk is far utherwys 
now, and drawis ws yeirlie to grete cummer and travaill to compeir 
yeirlie in the chakker and tak allowance of our payment maid at hame, 
as we never usit in ony erlis tyme of befoir and thairfor now in your 
grace tyme aucht and suld of equitie be relevit of that yeirlie travell and 
cummer to the chakker, we having na uthir thing ado thairin bot that 
onlie dewitie ; beseiking heirfor your grace in consideratioun of the 
premissis to caus the lordis of chakker deleit our oneratioun of the said 
sowme furth of the rollis sua that we be nocht contrynit to anser forder 
in the chakker thairfor in tyme cuming, according to equitie and ressone ; 
and your grace anser humlie we beseik. Apud Edinburgh, ix Januarii, 
anno 1567. Ordanis the lordis auditouris of the chekker to deleit the 
charge withinwrittin furth of the rollis or than to report sum resonable 
caus to his grace quhy the samin suld nocht be done. JAMES Regent." 
In respect of this deliverance and ordinance the lordis of the chekker 
ordanis to deleit the calling of the baillies of Elgin for their burrow malis 
in tyme cummyng. Clericus registri. 



REFERENCES TO ELGIN IN THE REGISTER OF THE GREAT SEAL 

(1306-1560). 

The earliest reference to Elgin in the Register of the Great Seal is of 
date 5th January, 1362, when David II., who was then at Spynie, ratified 
a grant made by Patrick, Earl of March and Moray,* to William de 

* " Patrick, tenth Earl of March, signed the letter to the Pope, asserting the Independency 
of Scotland in 1320. He married Agnes, daughter of Thomas Randolph, Earl of Moray, 
Governor of Scotland, sister and at last sole heiress of John, Earl of Moray, and in her right he 
was afterwards designed Earl of Moray. He was chosen Governor after the death of Thomas, 
Earl of Moray" (Douglas's Baronage). The elder brother of the aforesaid Agnes, Thomas, 
second Earl of Moray, held the title only twenty-three days, having been killed at the Battle of 
Dupplin, I2th August, 1332. Her younger brother, John, third Earl of Moray, was killed at 
the Battle of Durham, i;th October, 1346. Agnes, Countess of Dunbar and March, then 
succeeded her brothers, having left no issue. . Sir David Lindsay in his Heraldry states that Vaus 
was "one of the surnames of thame that came furth of Ingland with St. Margaret," the wife of 
Malcolm Canmore. 



42 RECORDS OF ELGIN. 

Vaux or Vaus, of the offices of Sheriff and Constable of Elgin : 

" Carta Domini Willielmi dc Vallibus. Dauid dei gracia Rex scot- 
torum Omnibus etc. Sciatis nos approbassc Ratificasse etc. donacionem 
et concessionem illam quas Patricius Comes Marchie et Morauie fecit et 
conccssit Willielmo de Vallibus de officiis vicecomitatus et constabularie 
de Elgine cum eorum pertinentiis vniuersis Tenend. et habend. eidem 
Willielmo et heredibus suis in feodo et hereditate adeo libere etc. Sicut 
carta siue litere predict! Comitis predicto Willielmo de dictis officiis 
factac in se plenius iuste continent et proportant saluo seruicio nostro . . 
In cuius Rei etc. Apud spyny quinto die Januarij. Anno Regnj nostri 
xxxiij ." 

On 2Oth April, 1367, David II. at Edinburgh ratified and confirmed 
a charter of King Alexander III., whereby the latter King at Kintore 
on the 29th March, 1285, less than a year before he met his death near 
Kinghorn, granted to the Black Friars of Elgin two chalders of wheat, 
two chalders of barley, and one chalder of malt yearly from the fermes 
of the bailliary of Elgin.* 

Robert II. granted to John, Earl of Moray ,f for good service done 
and to be done to the King, the sum of one hundred pounds sterling 
yearly from the great custom of the burgh of Aberdeen, to be held by 
the said Earl and his spouse, Marjory, daughter of the King, and their 
heirs, in fee and heritage, the reddendo being a pair of gilt spurs. The 
King afterwards, on 6th January, 1385, substituted Elgin and Forres for 
Aberdeen in the aforesaid grant, so that thereafter, as he intimated by 
letter of same date to his son, the Duke of Albany, Chamberlain of the 
Kingdom, the said grant was directed to be paid furth of the customs of 
the burghs of Elgin and Forres. J 

* See Appendix 1 1. 

t " John Dunbar, younger brother of George, Earl of March, or Dunbar, being 2nd son of 
Sir Patrick Dunbar by Isabel, youngest of the two (laughters and co-heirs (her issue before 
November, 1368, becoming sole heir) of Thomas (Randolph), 1st Earl of Moray, having 
married (dispensation, nth Tuly, 1370) the Lady Marjory Stewart, daughter of King Robert II. 
by his first wife Elizabeth, daughter of Sir Adam Mure, obtained a charter of the Earldom of 
Moray from the king, his father-in-law, 9th March, 1371-2, to himself and his said wife for life, 
they becoming thereby Earl and Countess of Moray, with remainder, failing the heirs procreated 
l*tween them, to his heirs whatsoever." (The Complete Peerage, by G. E. C.) 

tSee Appendix I. 



PRE-REFORMATION TIMES. 43 

1464, August 1 6th. The King confirmed two charters of William, 
King of Scots, conferring certain privileges on the burgesses of Moravia. 

1475, December 4th. The King granted a letter of Lieutenancy 
to Alexander, Earl of Huntly, over the counties from Kincardine to 
Inverness. 

1477, November 22nd. The King granted to James of Douglas and 
his heirs certain lands in the Lordship of Moray, he paying, inter alia, 
the sum of 5 6s. 8d. yearly from the lands of Pittendreich to a chaplain, 
of old foundation, on the Castle Hill of Elgyne. 

1501, June 1 2th. The King granted to James Stewart, begotten of 
himself and Janet Kennedy, daughter of John, Lord Kennedy, the lands 
and earldom of Moray, and the burgh fermes and customs of the burghs 
of Elgin and Forres, the castle of Dernway and other castles, and the 
fishings of the waters of Spey, Fyndorn, Slewpule and Lossy. 

1507-8, January 24th. The King granted to his servitor, Andrew 
Marser, and his heirs and assignees, two tenements of land with houses 
on the south side of the burgh of Elgin, in so far as they were the 
property of the King by escheat, the deceased Sir William Birnay, 
chaplain, vicar of Arndull, bastard, having died without lawful heirs. 
The King likewise granted to the said Andrew all the said William's 
goods. 

1508-9, January 2nd. The King granted to William Ogilvie and his 
assignees the lands, &c., within the burgh of Elgin which came to him by 
reason of the bastardy of the deceased James Innes without lawful heirs. 

1 5 10, August roth. The King confirmed a charter of James Dunbar 
of Conze, whereby he sold to Alexander Gaderar, burgess of Elgin, and 
Isobella Sclatare, his spouse, the lands of Aldcasch. 

1527-8. The King granted eight charters at Elgin, viz., on igth, 
22nd, and 24th February, and on 3rd and 4th March. 

1530, November 22nd. The King granted, "apud Elgin," a charter 
to James, Earl of Moray, and Elizabeth Campbell, his spouse, of the 
lands of Haltoun of Lambride, &c., with fishings on Spey, which the 
said James resigned. 

1528, September 6th. The King granted to his brother James, Earl 
of Moray, his heirs and assignees, the third part of the lands of Duffus, 
the lands of Pettindreich, Caldcottis, Darcle and Serestoun, and the 
house, tower, tenements and buildings within the burgh of Elgin per- 



44 kECORDS OF ELGIN. 

taining to the King by reason of the forfeiture of George Douglas, 
brother of Archibald, formerly Earl of Douglas. Reddendo for Duffus a 
red rose, and for the said house, &c, the service of the burgh, use and wont. 
1529, May nth. The King confirmed a charter granted by Alex- 
ander Gaderar, elder, burgess of Elgin, whereby for the weal of the soul 
of Isobella, his spouse, he mortified to Master Thomas Gaderare, his son, 
chaplain, and his successors, celebrating at the altar of St. Duthac, 
Bishop, in the Parish Church of Elgin, a rood of land with garden and 
croft on the south side of the burgh for a manse for said chaplain, two 
acres near the burgh of Forres, on the south thereof, near Hawthornhill ; 
2s. of yearly rent from the east land of William Douglas, senior, burgess 
of Elgin, on the north side of said burgh ; 8s. from a rood of land of 
Alexander Gaderare, junior, there ; IDS. from a rood of Alexander Crane, 
there ; IDS. from John Scherare's land near Carsmannis-wynd ; 53. from 
a rood of land of James Brcbinar there ; IDS. from a rood of the said 
William Douglas there ; 243. from two roods of Thomas Baldon there ; 
145. from the land of Alexander George there; 123. from the land of 
Alexander Duf there ; 8s. from the land of David Andersone there ; 
6s. from the land of John Rob there ; 135. from a rood of the said Alex- 
ander George there ; 2s. from the land of John Smyth there ; 53. from a 
rood of land of the said Alexander Gaderar, possessed by Alexander 
Hay, on the south side of the said burgh ; 53. from the land of Margaret 
Dunbrek, spouse of Alexander Cattoure, there ; 43. from a rood of 
William Coupar there ; 2s. from a rood of John Allan there ; 53. from 
the land of the said Alexander Gaderar on the north side of said burgh ; 
6s. from the land of Andrew Tulloch, burgess of Forres, on the north 
side of said burgh. (This charter gives the following names of adjoining 
owners : Wil. Browne ; Muriel Petirkin, widow ; Sir Robert Fleschar, vicar 
of Edinkclye ; Wil. Gaderare, son of the granter ; Tho. Young, burgess of 
Elgin ; - -. Forsy, senior ; Pat. Grant ; Isabella Douglas, relict of Robert 
Pedder; David Thomson; Andrew Forstare ; John Watsone ; John 
Wylky ; Janet Murray, relict of Alexander Gaderare, cousin of the 
granter ; Wil. Thomson ; Euota - , relict of Andrew Robertson ; 
Edward Watson ; James Raper ; Sir Thomas Hay, chaplain ; James 
Douglas in Elgin ; James Uchard ; William Urquhart of Burrisyardis ; 
John Donaldson, heir of Thomas Donaldson ; and Andrew Broune in 
Forres.) 



PRE-REFORMATION TIMES. 45 

1542-3, March i8th. The Queen granted letters of legitimation to 
John Barbour, inhabitant of the burgh of Elgin, son natural of the 
deceased Sir George Carnquhin, to William Birnay, son natural of the 
deceased Sir William Birnay, chaplain, and to Thomas Cumyng, son 
natural of the deceased William Cumyng, bastards. 

1543-4, March 2Oth. The Queen gave letters of legitimation to John 
Dunbar of Bennagefield, bastard. 

1546, August 1 7th. The Queen granted to Alexander, Lord Gordon 
(son and heir apparent of George, Earl of Huntly), his heirs and 
assignees, the land and tenement, with garden and tail in the burgh of 
Elgin, on the east side of the Queen's highway, between the croft called 
Harvyisfield, the lands of Robert Innes and Elizabeth Douglas, and the 
land called St. Ninian's land, pertaining to the Queen by the death of 
James, Earl of Moray, her uncle, bastard, without lawful heirs. 

1 548-9, February 6th. The Queen set in feu-farm to David Dunbar, 
elder, son and heir of the deceased John Dunbar in Benncttisfield, the 
land of Bennettisfield, Petfur, &c., in the Lordship of Ardmannach, Co. 
of Inverness. 

1548-9, February I3th. The Queen granted to George, Earl of 
Huntly, the lands and earldom of Murray, the burgh fermes and customs 
of the burghs of Elgin and Forres, the fishings of Spey, Lossie, &c., the 
patronage of churches, chapels, and hospitals, &c., which the said 
Queen incorporated into the free Earldom and Barony of Moray, 
ordaining the Castle of Dernway as the principal messuage thereof. 

1551, October gth. The Queen confirmed the letters made by 
Alexander III., King of Scots, by which he commanded the sheriff and 
bailies of Elgin to pay from the fermes of the bailliary of Elgin to the 
Friars Preachers of Elgin yearly, at Martinmas, two chalders of wheat, 
two chalders bere, and one chalder malt, for their support ; Witnesses 
Alexander Cuming, Earl of Buchan, justiciar and constable of Scotland, 
Donald, Earl of Mar, Ingeram de Gynis, Reginald le Chen, father, 
knights; at Kintore, 29th March, 1285: Also a charter of David II., 
King of Scotland, by which he confirmed a transcript of letters under 
the seals of William, Bishop of St. Andrews, Alexander, Bishop of 
Aberdeen, Alexander, Bishop of Ross, and John, Abbot of Dunfermline; 
given at Inverness, 2ist October, 1362 at Edinburgh, I5th April, 1368: 
Also a charter of Robert I., King of Scots, by which he granted in puram 



46 RECORDS OF ELGIN. 

elimosinam to the Friars Preachers of Elgin, in gift to the church, ten 
merks, stg., arising annually by the hands of the Sheriff of Banff from 
the thanage of Abirkyrdour; at Dundee, 2ist October, 1313. 

Charters were granted by the Queen at Elgin on roth September, 
1552, 24th August, 1556 (she was at Inverness on 7th August), and 27th 
August, 1556 (she granted charter at Banff, Qth September). 

1556, July 1 3th. The Queen gave letters of legitimation to Sir James 
Terres, chaplain, bastard, son natural of Andrew Terres in Elgin. 

1556, October i8th. The Queen granted to John Annand, burgess 
of Elgin, a piece of land, with buildings and orchards, lying near the 
said burgh, containing a breadth of six crofts of land (between the land 
pertaining to the deceased William Thomson, burgess of Elgin, then to 
Sir Thomas (sic), rector of Unthank, called Boyllis orcheart on the east, 
the stone wall of the Lesser Friars of Elgin on the west, extending from 
the bounds of said crofts on the south to the Back Passage of said burgh 
on the north), which pertained to the Queen because Sir Tiberius Win- 
chester, chaplain, disponed it to the chaplain of the Blessed Virgin Mary, 
within the Cathedral Church of Moray, without consent of the Queen 
to be held in free burgage. 






EXTRACTS FROM THE BURGH COURT BOOK. 



1540. 

The heid burrow court of Elgin haldin within the tolbuyth of the 
samyn be Johne Zoung, eldar, prowast William Gaderar, zoungar, and 
William Robertsoun, baillies of the samyn, the ferd day of October in 
the zeir of God I M . V c . and fourty zeiris the suttis callit the court laucht- 
fullie affermit. 

Nomina Assise. 

William Douglas eldar, William Gaderar eldar, Johne Zoung, zoungar, 
William Annan, Johne Bayn, Archibald Stronocht, David Talzour, 
Alex r . Talzour, Johne Robertsone, Thomas Eldar, Henry Sincler, 
Thomas Wod, Thomas Breboner, Johne Watt, Johne Watsone, Robert 
Mawar, William Zoung, William Murray, Dauid Douglas, Robert Zoung. 

The quhilk day Dauid Hardy with the consent of the haill communate 
wes creat and suorn freman of this burght and maid aythe as vse is and 
sail pay ane stane wax to the nixt Zeoll vark. 

The quhilk day the assise fand be wertew of cognitioun that insafar 
as William Douglas, eldar, and Gawin Douglas his sone referrit to the 
samyn and be the witnes producit be the saidis William and Gauin that 
the quarter of auchtanpart quhilk the said William Douglas had attour 
his awin tua in times bigane is vacand in the townes hand being vngevin 
or assignit to ony persoun induelland now in this burtht in tymes bigane 
and to be disponit be the counsall of this burtht. 

The quhilk day, the toun consentit to giff to John Kyntor, musicinar, 
ane croun of the sone for his seruice done in tyme bigane giff he departis 
at his awin desir. 

(47) 



48 RECORDS OF ELGIN. 

The quhilk day William Gaderar, eldar, wes electit and chosin 
alderman for ane zeir nixtocum and suorne to exerce the samyn treulie 
during the said space. 

The quhilk day John Zoung, zoungar, William Robertsoune and John 
Robertsoune chosin baillies for ane zeir. 

[Four serjeants chosen for a year : William Gaderar, younger, chosen 
clerk of court for a year : James Lewingstoun chosen dempstar for a year.] 

The quhilk day Margaret Balfour wes fundin in ane amerciament for 
the wrangus defaming of Johne Murray, Cathanes man, saying he stall 
pottis with vtheris iniurios wordis and in likwis for wrangus haldin of 
xx s. from the said Johne as dett for the quhilk iniureos wordis sche ves 
decernit to restore the said Johne to his guid fame and offer ane pund of 
wax to Sanct Gclis wark and to pay the said tuenty schillingis aucht be 
hir to him togidder with fiwe s. for expensis maid be him in defalt of 
payment of the said dett throch hir caus as wes gewin for dome. 

The quhilk day Thomas Kelle conforme to his petitioun gewin in 
jugement wes fundin sone and nerrast and lauchtful aire to vmquhile 
James Keller his fader sumtyme burges of this burght. 

October 5th. Nomina communis consilii : William Gaderar, prouest, 
the thre bailzeis, John Forsyth [and thirteen others]. The presoris of 
flesch [six in number], the cunstaris [nine], the regratirs [eleven], the 
candillmakars [six], the leif baxtaris [three], and the lynaris of land 
[seven]. 

October nth. John Forsyth wes choisine bailze for ane zeir to cum 
and suoryne to exerce the samyn trulie for the said spaice. William 
Robertsone wes suorne to vs the offece of bailzere for ane zeir nixt to 
cum notwithstanding his absens on the heid curt day. 

The said day it vas ordanit and statut that the leif baksteris obserwe 
and keip the peis and weych giffin to tham vnder the paine of secluding 
of tham fra the said offece for ane zeir and banissing of tham of the 
bruch induring the said space and siclik the candillmakeris vnder the 
said payne. 

The said day it wes statuit and ordanit that na fre persone of this 
burgh by ony maner fysch or thay present the mercat and gif thay 
failze to be punist be the awyis off the consell and all vtheris vnfre vnder 
the payne of banessing of tham this bruch. 

The assise [seventeen in number] deliuerit that Angnes Baldon 



154.] BURGH COURT BOOK. 49 

wrangit in the casting of ane staine and breking of Katerine Falconeris 
heid and drawing bluid of the samyn and als for the manessing of the 
saidis Katerine with ane rung and siclik for the defamatioun of her in 
calling of the said Katerine ane comond hwir and sail pay fouir sillingis 
to the forsaid Katerine for ane amendis as vas giffin for dowme. 

The said day Katerine Falconer was in ane amerchiament for the 
vrangus calling of Angnes Baldon comond thief and vtheris iniurius 
vordis as was giffin for dowm. 

October i6th. The burrow curt of Elgine haldine within the 
towboyth of the samyn be William Gaderar, prouest, and John 
Robertsone, bailze. The assise fand and deliuerit that John Masoun, 
serwand to Andro Russell, master masoun, wrangit in the away hewing 
of ane creill v 1 . certane fysche thairintill out of the mercat perteing to 
William Clerck nocht coft be the said John Masoun fray the saidis 
William nor nayne vtheris heffand power to heue sauld the samyn and 
thairfor sail pay ane haff stane of vax to Sancte Gelis lycht and ramaine 
quhill Muninday nixt to cum within the tolbowytht as was giffen for 
dowm. The said day the assise deliuerit that John Masoun wrangit in 
dessobeing of Andro Gibsone, officiar, the said Johne being chargit be 
him to the tolbowytht to find souerte to vnderlye the law for certan 
vrangis downe be the said John Masoun and sail ask forgiffnes of the 
prouest and officiaris of the said burgh. 

The quhilk day the assise deliuerit that Johne McKayne, V m . Styne 
and ane callit Dempstar, masonis, wrangit in the impediment making to 
Andro Gibsoun for to charge and arrest Johne Masone for the quhilkis 
contemptioun ilk persoun sail pey tua pundis vax to Sancte Gelis lyicht 
and sail ask forgiffnes at the prouest and officiaris of the towne. 

The quhilk day the assise deliuerit that John Ma c kyne, masone, 
wrangit in the bluid drawing of Alexander Vinchister, zounger, and sail 
desyir forgiffnes and remit of the said Alexander and deliuer the 
quhingar in his vill to him quhairwith the said bluid vas drawin as was 
giffin for dowme. 

The said day V m . Annand grantit in jugement to deliuer thwa siluer 
ringis to Johne Browne he payand samekill as thay lay in wad. 

October ipth. The prouest with the consent of the consell and 
communate hes assingit ane auchenpart of land Hand within Baldounshalc 
to Gawen Douglas be the resingnatione of William Douglas his fader 

H 



50 RECORDS OF ELGIN. [l54- 

for all the dais of the saidis Gawin lyftyme for the quhilkis the said 
Gawin sail pay twenty sillingis and hes fundin William Annan souerte 
for the samyn to the comond purs. 

The quhilk day the prouest with the consent of the consell and 
communate hes dessingit ane auchenpart of land lyand within Baldonis- 
halc callit Masonis auchenpart to John Bayne, burges of this burgh, be 
the resignation of William Douglas last occupear of the samyn for all 
the dayis of his lyif for the quhilk Johne Bayne sail pay xx sillingis to 
the commond purs and William Gaderar, zoungar, souerte. 

The quhilk day Gawin Douglas in jugement he resingnit ane auchen- 
part of land lyand in Baldonishalc in the handis of John Forsyth, bailze, 
in faworis of William Annan, burges of this said burgh. 

The quhilk day Angnes Robertsone grantit her souertie and debtor 
to Robert Jamesone for thwa sillingis mone in nayme of Sir William 
Sutherland and to content and pay the saidis thwa sillingis to the said 
Robert. 

David Gaw sowrync in jugement be his greit ayth deponit that he 
aucht nocht to Robert Jamesone bot ane pair of schowne for ane bow 
borrowit be him fra the said Robert. 

The quhilk day the assisc deliuerit that John Brabuner wrangit in the 
dynging and trubling of ane serwand pertening to Robert Jamesoneis 
within the said Robertis bwytht and sail ramayne xxiiij horis in the 
towbowyth and thaireftcr conduce himself with ane responsall master 
vnder the payne of banissing of him the burgh perpetuall. 

October 2$th. Comperit in jugement John Zoung, zoungar, and 
persewit Allex 1 ". Winchistir, zoungar, vmquhill bailze, and Andro Gib- 
sone, officiar, for the vrangus punding of Robert Dauidsone, bonethmakar, 
for the sowme of viii sillingis mone as annell / clemit be the preor and 
conuent of the freris predicatoris of Elgin / of all and haill the landis 
pertenying wmq 11 . to Thomas Zoung, lyand betuyx the gray freir vynd 
at the est and the landis now Sir John Williamsone at the vast and fray 
the forget at the north to the bakget at the sowth the quhilkis persewit 
beand occusit be the prouest the said Allex r . comperit and producit ane 
attentik document quhair the said annell of viii sillingis vas annaleit be 
the said Thomas to his brothir John Zoung and siclik ane euident of 
foundatione of the said annell fowndit be the said John Zoung eldar to 
the conuent of the freiris predicatoris of Elgin. The saidis euidentis 



[I54O. BURGH COURT BOOK. 5! 

and rychis beand producit as said is / the prouest and bailzeis commandat 
the officiaris to pund termlye ony strengyabill bigging of the forsaid 
landis for the forsayd annell for pament to be maid to the saidis freris in 
tyme cumyng. 

The said day Villiam Malcome officiar at the command of V m . 
Gaderar prouest warnit Allex r . Wynchistir, zoungar, to compeir within 
the tolboyth of Elgin on Twisday the xvi day of Nouember instant 
befoir the provest or bailzeis and thair to ansuyir for the vrangus 
awayhalding of the burrow curt bulk of this burgh fray the commond 
clerk of this instant zeir. 

November i$th. The said day Allex r . Wynchister, zoungar, and 
Thomas Troup, proloqutoris for Andro Watsone gef in ane petitione 
desirand the said Andro to kend as nerest and lauchfull ayir of John 
Watsone, wmquhill fader to the saidis Andro / the said petitione beand 
red the prouest causit William Malcom officiar to inquyir gif ony 
persone or personis vas to apoyne this contrar to the effect forsaid the 
inquest [nineteen in number] beand suorne fand the saidis Andro nerest 
and lauchfull ayir to his said fader Johne Watsone. The quhilk day 
William Robertsone, bailze, was commandit and ordanit to pas at the 
command of the prouest and consell to the landis of vmquhill John 
Watsone for sesing to be giffiin to Andro Vatsone of his saidis landis 
lyand betuyx the landis of vmq 11 . Donald Vilman at the est and the 
commond vennell at the vast fray the forgett at the north to the gramer 
schowll at the sowth on the sowth syid of this burgh. 

November 16. Gawen Douglas protestit in jugement that the re- 
singnation maid or to be maid be Villiam Douglas, pareoch clerk of 
Elgin, of the said offece of clerkchip / hurt nor preiuge the rycht of the 
said Gawine that he hes of the said clerkchip nor the presentatione to be 
giffin be the prouest bailzeis and communate to ony persoun of the said 
clerkchip in tyme cuming nocht the presentation giffin to the said Gavvin 
thairapone of befoir. 

The prouest and bailzeis commandit and ordanit William Kay to 
deliuer ane siluer ring to William Vardan pertening to the said William 
Vardan and laid in wed to William Kay of ii firlottis of lyme. 

The assise deliuerit that Hendre Sinclar wrangit in the awaytaking of 
ane key of Sir James Wythanis fra William Hay and sail restoir the said 
key. 



52 RECORDS OF ELGIN. [l54- 

The prouest and consell directit sesing to be giffin to Bartillus Duffus, 
neirest and lauchfull ayir to Ispard Duffus his brother of ii rudis of land 
Hand betuyx the landis of the viccar pentioner of Elgin at the est and 
the land of Robert Tailzour at the vest. 

December I3th. The assise deliuerit be the mowth of John Zoung, 
zoungar, chancellar, that Isbell Leslie wrangit in the saying of certan 
iniurius wordis to Angnes Douglas and sail pay i li. vax to Sanct Gellis 
lych and gif ewir sche dois the maik in tymis to cum to be banest this 
burgh for ewir. 

December 1 6th. The prouest and bailzeis hes assingnit Mununday 
efter huphallowday the tent day of Januar nyxt to cum to Janet Flegger 
spouis to William Lang to prewe that the saidis William his dettis 
excidit his gwdis and geir that pertinet to him that day that he was quik 
and deid tweching the cleyme of iii li. clemit be Thomas Brabuner. 

John Zoung, elder, protestit that quhat that the prouest and bailzeis 
dois in compelling of Andro Milln to deliuer ane gray hors to Thomas 
Kelle as sone and air to James Kelle as he allegis hurt nocht the said 
John Zoung, Sir Thomas Hay nor Janet Zoung assecutoris to wmq 11 . 
James Kelle becaus the saidis assecutoris was neuer callit thwyching the 
said hors as the saidis John allegis. 

William Gaderar, elder, protestit for tyme and place to persewe the 
bailzeis of this burgh gif tha da him nocht justece twching the persuyt 
of ane gray hors togidder with all the airchip of Thomas Kelle. 

William Gaderar, elder, is content to vnderlie the sentence of the 
bailzeis twyching the ection of certan airchip pertenying to him be ane 
assingnatione maid be Thomas Kelle to the said William clamit fra 
Andro Milln, possessor of the saidis airchip. 

Comperit in jugement William Gaderar, elder, and persewit Andro 
Milln, burges, for the wrangus awahalding of ane gray hors worth vi 
merkis mone fra Thomas Kelle as airchip to the said Thomas. 

William Gaderar protestit for tyme and plaice and juge competent to 
call John Zoung, zoungar, for the masterfull saying in jugement that Sir 
Thomas Hay sail spek at the bar with Andro Milln aganis the said 
William. 

The bailzeis, John Forsyth, William Robertsone and John Robertsone 
protest for tyme and plaice and juge competent to call John Zoung, 
zoungar, and Master Thomas Hay for the masterfull stoping and 



154.] BURGH COURT BOOK. 53 

molesting of tham in jugement to do justece in ane matter twyching 
ane gray hors clemit be William Gaderar, elder, in name of Thomas 
Kelle fra Andro Mill the said John Zoung and Master Thomas beand 
chargit to hef decistit and cesit fra all iniurius vordis and molestation in 
the said court. 

William Gaderar, elder, protestit for tyme, plaice and juge competent 
to call Johne Zoung, zounger, Mr. Thomas Hay for the masterfull per- 
turbing and molesting the balzeis of this burgh in jugement stopping 
them to do justice to the said William apon Andro Millis protestan in 
defalt of justece now instant throw thair inquietatione that he may 
complayne of on the forsaidis personis to our souerand lord the Kingis 
graice and his lordis of consell. 

William Gaderar, elder, protestit for tyme plaice and juge competent 
to call John Zoung, zoungar, for the greit sklander and defamatione of 
him calland him murdressar of his awin gossop. 

Andro Milln offerit him redy to do justece foir the bailzeis of this 
burgh to William Gaderar elder and Thomas Kelle. 

Master Thomas Hay, prolocutor for Andro Milln, fensit ane broch 
that the said Andro myth and suld say aganis the bailzeis and membris 
of curt twyching the ection of ane gray hors clemit be Thomas Kelle fra 
the said Andro and incontinent William Gaderar, elder, recontrit the said 
broch allegan the said Andro had denyit the action and cled the court 
and hed no plaice to say aganis the forsaid bailzeis nor membris of court 
apon the quhilk broch and recontyr the saidis parteis desirit ane sensi- 
ment quhilk was grantit quhilk sensiment fand that the said Andro nor 
Mr. Thomas had no plaice to say aganis the bailzes nor membris of curt 
becaus he denyit the actione abefoir. 

Nomina assise et interloquitoris : 

William Douglas, John Bayne, Hendre Sincler, Cutbert Cuming, 
James Pedder, Dauid Tailzour, John Barbur, Archibald Stronach, Allex r . 
Winchistir, elder, Martein Sklater, William Kyncorne, Allex r . McKayne, 
Robert Zoung, Alex r . Lochillis, John Murray, Wm. Annan and Allex r . 
Tailzour. 

The quhilk day Mr. Thomas Hay fensit ane broch in nayme and 
behalf of Andro Mylln (forsamekill as he was persewit be William 
Gaderar, elder, procutor for Thomas Kelle for ane gray hors pertinying 
wmq". to James Kelle and now to the said Thomas be rasone of airchip 



54 RECORDS OF ELGIN. 

as thay allegit) that the said Andro auch nocht to answer that day quhill 
he hed gottin the coppe of ane sentence arbitral! gifin with the said 
William Gaderar and Thomas Kelle apon the said hors and airchip and 
desirit ane sensward thairapone and incontinent the saidis William 
reconterit the said broch sayand that he rafarrit the said Andro Mylln 
ayth quhidder gif he hed gottin the forsaid coppe or nocht / the forsaid 
sensward beand sworyne deliuerit that the said Andro aucht to answer 
now instant becaus he confessit in the jugement that he had rasauit the 
saidis coppe abefoir and als that the said Andro wrangit in the saidis 
broch striking. 

The assise deliuerit be the mowth of William Douglas chancier of the 
samyn that Andro Milln wrangit in awayhalding of ane gray hors fra 
Thomes Kelle sone and air to James Kelle his fader quhom God assolze 
quhilk hors pertenis to the saidis Thomas as airdowm be the deces of his 
said fader and that the said Andro aucht and suld deliuer the best horse 
pertinying to James Kelle fader forsaid to the saidis Thomas incontinent 
and failzcand thairof ilk day fra this day forwart the just hyir of the 
said hors as was giffin for dowme. 

December 2Oth. William Gaderar, elder, protestit in jugement for 
tyme, plaice and juge competent to call Waltir Kynnard of Culbyne for 
the masterfull saying in jugement that the jugis now present hes giffin 
ane fals sentence aganis James Pedder. 

William Gaderar protestit in jugement for tyme plaice and juge 
competent to call James Pedder, burges of Elgyne, for the mastirfull 
schlandering and saying in jugement that the saidis William Gaderar 
wes ane dalie oppressour of him and his nichtboris of the burgh of Elgin. 

William Gaderer, elder, protestit for tyme etc. to call James Pedder 
for purchessing of outdvvelland lordschip that is to say Robert Dumbar 
of Durris and Waltir Kynnard of Culbyn the saidis James beand sworyne 
in tyme of making of him freman nocht to hef purchest onfre out- 
dwelland men in contrar the towne nor ony nechtbor of the samyn. 

Janet Findlay sweyr and deponit in jugement that William Smyth 
pait na greischip maill quhen he enterit with hyr achenpart. 

The quhilk day the provest assignit ane aughenpart of land to 
Archbald Stronach quhilk vakit be the deces of William Zoung, son to 
John Zoung, elder, and dischargit the forsaid Archbald of the comond 
buttis at the Palmer furd quhilk lay in the said Archbald handis ay and 
quhill the said Archbald suld get ane auchenpart. 



I54O-I-] BURGH COURT BOOK. 55 

I540-I. 

January 7th. Dauid Harde and Johne Smyth sworne in jugement 
to ws the offece of clerkschip of this burgh ay and q 11 . thay be dischargit. 

The prouest and bailzeis hes assingnit Munnunday the day of 
Januar nyxto cum to thir personis underwrittin to saw thair ewydentis 
of the landis withinwrittin, ilk persone respectiue, that is to say, John 
Forsyth for the landis was wmq 11 . Sir William Murrais, elder / Mr. 
Alexander Douglas for ii rudis of land beest Sir Thomas Hay / Bartillus 
Duffus for thwa ruid bevast the vicar pentioner / to John Barbur and 
Angnes Cuming his spous for ii rudis of land lyand betuyx Marron 
Mwyr at the vast and Sir Andro Froster at the est on the north syid of 
this bru'. . . . quhilk day was assingit to the saidis personis to produce 
thair instrumentis and to be enterit in the soitroll. 

Ane arrestment prowyn maid be Necoll Moressone, officiar of this 
bru 1 . apon thre gray hors wmq 11 . pertinying to James Kelle at the 
command of prouest and bailzeis. 

January loth. The quhilk day Thomas Kar protestit in jugement 
that the calling of Master Alexander Dumbar, dene of Murray in the 
soitroll for ane ruid of land Hand on the north syid of this burgh betuyx 
the landis of James Pedder at the vast and the blak freris wynd at the 
est suld not hurt the saidis Thomas grund rycht to the heritage of the 
said rud be rasone he was compellit for feir of his lyif to resing the samyn. 

January 24th. William Gaderar, prouest, producit ane bill of com- 
plaint to the bailzeis in jugement desirand to inquyir and se gif ony 
nichtbor fre or onfre wald allege or say gif cwir he oppressit tham or ony 
ane of tham in tymes bygane the bailzeis inquirand at the nichtboris 
vnderwrittin in jugement, that is to say, John Forsyth [and 51 others] 
the saidis personis denyit alluterlie that euir the saids William oppressit 
tham or ony ane of tham in tymis bygane vpon the quhilk the said 
William desirit act of curt. 

February 7th. James Pedder being accusit for the wrangus out- 
taking of Effeme Tailzour out of the tolboyth put in at the instance of 
Ferquhar Flessor the said James tuik this day xxv dais to enter the sayd 
Effeme in jugement within the said tolboyth. 

James Pedder being accusit be the bailzeis for the wrangus making of 
ane arrestment as mair and officiar to the sheref of Elgine and Forres 



56 RECORDS OF ELGIN. [l54-I. 

upon certane punctis of ayirdowme and in speciall ane gray hors quhilkis 
wmq 11 . perteint to Thomas Kelle ... he denyit . . . and was rafarrit 
to ane conding inquest. 

[The inquest find that James Pedder " wrangit " in arresting.] 

February I4th. The prouest and bailzeis decernis and ordanis the 
land of Allex r . Cator lying on the sowyth syid of this bru 1 . betuyx the 
land of Allex r . Murray at the vast part and the land of vmq 11 . James 
Robertsone on the est part to be strengzeit and pundit zeirle for sax 
sillingis annell to the preor and conwent of the freir predecatoris of this 
bru. in all tyme cuming. 

The assise deliuer that Janet Flegger, spous vmq 11 . to William Lang, 
pay to Thomas Brabuner thrette sillingis in part of pament of thre 
pundis quhilk William Lang aucht the said Thomas for certane cheis 
boycht fra the Lard of Ley the said William Langis guiddis exceding 
his dettis be the said sowme of thrette sillingis. 

February 2ist. The bailzeis John Forsyth, John Robertsone and 
William Robertsone being accusit for the coping and selling of xvid. 
aill tymis bygane contrar the actis and statutis of this bru 1 . / thay and 
ilk ane of tham com in the prouest will for the samyn and dowme giffyn 
thairupone. 

Johnc Forsyth, ane of the bailzeis, be his bill of complent giffin in 
persewit Allex r . Wynchister, zoungar, allegand that he put handis on him 
in the executione of his offece and deforced him. 

[An assise of twenty-one persons being sworn] 'the halie euangeliis 
be tham and euery ane of tham thwichit ' and they ' furth of the curt 
remowit' heuand God and guid conscience befoir them 'com on and 
deliuerit be the mouth of ane hon 11 . man V m . Sutherland of Duffus 
burges of this bru'. and chanchler of the said assise that the complent 
giffin in be the said Johne Forsyth was is in the self of nayne awaill fors 
and effect that the said Allex r . Vynchister was and is quit and clene of 
the saidis punctis continit on the said bill ' . . . ' Vpone the quhilkis 
deliuerance the said Allex r . Vynchister desirit act and rolmond of curt 
vnder the sells of the forsaid prouest and bailzeis or ony ane of thame 
jugis in the said mater.' 

John Robertsone, William Robertsone and John Forsyth, bailzeis, 
war accusit be the prouest for nocht putting of thair offecer to do 
execution, the said actione beand denyit and referrit to ane assise quhilkis 



1 5401.] BURGH COURT BOOK. 57 

assise deliuerit that the said John, William and John had nocht put thair 
offecer to execution conforme to thair greit ayth maid thairvpone and 
fand tham and ilk ane of tham in ane amerchiment and dowme giffin 
thairupone. 

John Forsyth, bailze, protestit in jugement for the rolmond of curt 
thwyching the matter debatabill betuyx the said John Forsyth, bailze, 
and Allex r . Vynchister, zoungar, on his expensis. 

February 25th. William Haw induellar in Dunde and Andro Rosse 
in Couper of Fyf present in jugement war accusit be the prowest for the 
wrangus forstalling of the said bru'. in bying of certane gray clayth to 
landwart and outtouth the boundis of the said bru 1 . the saidis William 
Haw and Andro Rosse confessit the same and cam in the prouestis will. 
The quhilk prouest remittit the present fait and gif thay or ony ane of 
tham committis siklik in tymis to cum the haill stuff or clayth salbe 
eschet conforme to our souerand lordis letteris. 

February 29th. John Zoung becom souerte for John Boyne to pay 
the lard of Alter vii li. xvi s. vsuall money and ane teblet of gold gif the 
said larde of Alter optinis the samyn betuyx this and this day viii dais 
befoir ony jugis. 

Elspet Innes, Mege Gib, Bellis moder, the piper, the bonethmakaris vif 
. Mechy, Andro Grene and his vif, Elspet Necoll, John Hay, baxstair, 
and Andro Caberis, beand accusit for certane wrangis downe be tham 
denyit and tuik tham to God and ane guid assise, the quhilk assise 
deliuerit that Elspet Innes, Mege Gib, Bellis moder, the piper, the 
bonethmakaris vif, . Mechy, Andro Grene and his vife and Elspet 
Necoll auch and suld be banest this bru'. for the crimis commitit be 
thame and als deliuerit that Andro Cabboris sail nocht slay na flesch to 
sell nor vs the offece of fleshery for ane zeir to cum and attour deliuerit 
that John Hay forsaid conduce him within viii dais with ane responsall 
master or failzeand thairof salbe banist this bru'. 

Andro Rait and Mychaill Etlis callit be the provest and allegit 
onprofetabill nychtboris within this burgh quhilk personis rafarit the 
samyn to ane assise, the quhilk assise deliuerit that the forsaid Androu 
Rait and Mychaell Etlis are sufficient and edonnis personis to ramayne 
within this burgh. 

March 4th. James Donaldsone in Innernes oblist him self in juge- 
ment to prewe Androu Milln pait of the third part of xxxvi s. the nyxt 
law day eftir Schyirfurisday. I 



5 g RECORDS OF ELGIN. I54O-I-] 

March ;th. Alexander Cumyng of Alter persewit John Bayne for 
ane certane sowme of mone and ane teblet of gold. The forsaid John 
alluterlie denyit that he auch ony sowme of mone and grantit that he 
had the taiblet in vod of four merks and ane half and rafarrit the mony 
and taiblet in the ayth of the said Allex r . Cuming of Alter. The saidis 
Allex r . Cuming being soworne, the hale ewangelis be him twychit, 
deponit that the said Johne Bayne auch to him sewin merkis ii s. viii d. 
and hes said taiblet of gold fre, and attour the said Allex r . gef Cayr- 
sunday nyxtocum to pay the said sowme of mone and Trinate day 
thereftcr to deliuer the said taiblet or the just awaill and the said John 
Bayn becom oblist thairto. 

March I4th. The assise [thirteen in number] deliuerit that David Ga 
was quit of the cleme of ane brassin pot clemit be William Kay. 

Farquhar Flessour was accusit for the wrangus passing to the watter 
of Spey and forstalling of this burgh and bying of fresch salmond in 
greit quantate and thairthroch causit grcit derth within this bru 1 . of sic 
stuff and als the said Ferquhar Flessour was accusit for the wrangus 
making impediment to certane personis carearis of fresch sallmond to 
sell as thay thocht expedient bot perswadit tham to hald the samyn 
derrcr than thay offerit to sell and attour the said Ferquhar was accusit 
for the bying of slaync motone vpon the skamillis of this bru 1 . fra vtheris 
flessouris and selling the samyn incontinent to the nechtboris of this bru 1 . 
and taking of greit wynnyng and causand all sic stuf ryis to ane in- 
convenient. The said Ferquhar denyit the samyn alluterlie and rafarrit 
him to ane conding mvrnyr of inquest. The quhilk assise deliuerit that 
the said Ferquhar Flessour wrangit in all the saidis punctis and sail be 
secludit fray all careing of fysch to sell within this burgh and siclik fray 
vssing of the flessour craft ay and quhill he fynd thwa or thre risponsall 
nychtboris souerte to the prouest and bailzeis to obstene in all tyme 
cuming fray all sic wrangis vnder the payne of banessing the said 
Ferquhar Flessour this burgh. 

The assise deliuerit that Alexander Rochillis wrangit in the breking 
of the dikes of the milln croft bewest Elgine pertenyng to John Zoung, 
elder, and John Zoung, zoungar, and dowme giffiin thairupone. 

The assise deliuerit that John Zoung, zoungar, wrangit calland Alex- 
ander Rochillis carle and dowme giffin thairupone. 

The assise deliuerit that John Zoung, zoungar, wrangit in awaytaking 



IS40-I.] BURGH COURT BOOK. 59 

and withhalding of ane bulax fra Allex r . Rochillis and auch restoir the 
samyn. 

March 2ist. Androu Milln protestit for pament of ane certane 
sowme of mone debursit be the said Androu in Franch for the expensis 
maid in the persewt of certane merchandece. 

March 24th. William Malcome protestit that he hes rycht to ane rig 
of land Hand on the vast syid of Merevall giffin to him be the towne and 
protestit for the prophetis of ii buttis of land, the tayne lyand contiguc 
v l . the Quarrestank dyik by the est syid and the tother on the vast syid 
of the Deid Brigis and siclyk for ane halfdaill in the linchalc. 

Comperit personalie William Sutherland of Duffus and offerit xiii 
merkis wsuall mone for the landis and towne of Mostowe zeirle to the 
prouest and bailzeis of this bru'. gif thay vald set the samyn to him in 
assedatione protestane gif the prouest or bailzeis set the samyn better 
scheip to ony vther persone than sayd is that he mycht hef tyme and 
plaice as ane burges and freman to complene to the lordis of consell for 
reformatione of the samyn conforme to the actis of parliament. 



March 28th. William Malcome grantit him awand to Thomas Ros 
ane dowblet of fownis sufficient stuf and sail pay the samyn betuyx this 
and Sanct James the Apostill day that nyxt cumis. 

The assise deliuerit tnat Angnes Hayme wrangit in the away passing 
vi dais fra Isbell Douglas service sche beand hir feit serwand and als the 
said Angnes wrangit in the drawing of the said Isbell Douglas hair and 
striking of hir and sail ask the said Isbell forgiffnes and stand in the vine 
coller q 11 . iii howris efternowne. 

April 26th. The prouest set the rig betuyx the mos and Sanct 
Katering croftis to Thomas Kar for all the dais and termis of iii zeris. 

The prouest and communate hes conducit William Lewynstoun to 
keip the cornis of this brugh quhill beir seid be downe, for the quhilk ilk 
auchenpart sail pay to him ane d. by his punlaw and that no nychbor of 
this bru'. trubill him in pundding of the guiddis takin wpone the cornis 
vnder the payne of viii s. onforgiffin. 

April 3Oth. John Bayne become souerte for Androu Grant in Corsky 
that Androu Mychell duelland thair salbe harmeles and skaythles in tyme 



6o RECORDS OF ELGIN. [J541- 

cuming of all bodelie harme himself, his vif, childryne, houshald, serwandis 
of the said Androu Grant and all that he may stop or lat hot as law will 
and the said souerte vnder the payne of law. 

May 5th. Robert Reid being persewit for the wrangus trubling of 
this burgh and for the taking of the lok of the tolboyth efter he vas put 
thairinto be the officiaris and siclik for the ryving of Andro Gibsone, 
officiar, his clais. The forsaid Robert becom in vill and dowm giffin 
thairupone, the quhilk will to be modefeit be the provest. 

May 9th. The assise deliuerit that Margaret Carrudderis wrangit in 
the dinging of Janet Kar and drawing of bluid of hir and salbe banest 
this burgh thairfor. 

The assise deliuerit that William Vardane, Robert Jamesone and . 
Felder wrangit in the cutting of the hee get throch the hidderingis and 
sail mak the samyn sufficient be the awyis of vi of the best and vortheast 
of this brugh. 

The assise deliuerit that William Malcome, officiar, auch and suld 
heue ane but of land in propirte to his quartar auchenpart. 

The quhilk day the assise deliuerit that Alexander Williamson wrangit 
in passing to the see coast and making of merchat with Franchmen in 
bying of xx pottis of irone thay beand vnofferit or enterit to this bru'. 
and sail deliuer the saidis pottis to the prouest to be distrubutt to the 
nychtboris as he shall think expedient and gif euer he committis sic ane 
fait in tymis to cum to be punisit to the regor in exempill to vtheris and 
dowme giffin thairupone. 

The assise deliuerit that the souythmest but of ouyr deid brigis 
occupeit be John Zoung pertinis to the commonte. 

May 22nd. The burrow court of Elgin haldin within the tolboyth of 
the samyn be William Gaderar prouest the xxii day of the month of 
Maii in the zeir of God I M . V c . xli zeris, the quhilk day the suttis callit 
and the court lauchfullie effirmit. 

Nomina assise : 

John Zoung, zoungar, John Bayne, Hendre Sancler, John Vat, Cutbert 
Cuming, Allex r . Vynchistir, elder, Wm. Annand, James Pedder, John 
Murray, Allex r . Vynchistir, zoungar, Allexander Tailzour, James Sklatter, 
John Colle, Thomas Brabuner and Wm. Auldcorne. 

The quhilk day Ebbe Annand, mothir to Wm. Kyncorne, resingnit 
personale in jugement ane auchenpart of land pertinying to hir Hand 



154I-] BURGH COURT BOOK. 6 1 

vithin the grechip of Elgine in the prouest handis in fauor of the said 
William Kyncorne hir sone and incontinent thereftir the said prouest 
assingnit the said auchenepart with consent of the haill consell and 
comunate beand present for the tyme to the saidis William Kyncorne 
reserwand the said Ebbe Annand hir lyfrent of the said land with pouer 
to hir to set the samyn to quhome sche pleis as law vill and the said 
William oblist him self to pay xx s. at Sancte James day nyxtocum for 
his entres as vs is. 

The assise deliuerit that William Malcome wrangit calland William 
Zoung in the he get glangorit and dowme giffin thairupon. 

The assise deliuerit that Thomas Kar, officiar, wrangit in the striking 
of Janet Fyne vpon hir faice with his hand. 

The assise found that William Zoung wrangit in the drawing of ane 
quyingar to heue slayne William Malcome and sail offir on Sunday nyxt 
to cum in tym of the confiteor of the hee mess half a pund of wax for 
his said fait. 

The assise deliuerit that Androu Gibsone, officiar, wrangit in the 
striking of Margarat Saidler, giffand hir ane blaw on the faice and 
ordanis that Androu Gibsone and all vtheris officiaris within this bru'. 
obstein fra striking of ony personis in tyme to cum vnder the payne of 
deprivation of tham fra offece bering within the samyn for all the dais of 
thair lyftime. 

The quhilk day the assise deliuerit be the mouth of Alex r . Vynchistir, 
zoungar, chancier thairof that Robert Reid wrangit in the riving of 
Androu Gibsonis clais and sail amend the samyn be the sycht of 
Alexander Tailzour and attour deliuerit that the said Robert wrangit 
saying behind the said Androuis bak that he left his deid upon him and 
sail pay I li. wax to Sanct Gelis verk and dowme giffin thairupone. 

The quhilk day the assise deliuerit that Mergarat Sadlar wrangit 
calland Androu Gibsone, officiar, smake carell and dowme giffin thairupon. 

August 8th. The assise ordanit that James Falconer sail conduce 
him with ane master and not to pas vagane within this bruchg vnder the 
paine of banessing of him perpetuallie. 

June 2 1 st. John Bell, alias Stuart, piper, becom in the prouest and 
baillies will for the wrangus trublance of this brugh. The assise deliuerit 
that John Bell, alias Stuart, piper, wrangit in the trubling of John Joppe, 
tailzour, and hurtting of him in the heid and in the hand with ane suord 



(5 2 RECORDS OF ELGIN. [l$4l- 

and drawin of bluid of him to greit quantate, for the quhilk skayth the 
forsaid John Bell sail content and pay to the said John Joppe for leching 
and skayth downe to him xx s. vsuall money. 

Isbcll Vatsone spous to William Milln wrangit in the steilling of ane 
pek of meill pertinying to Thomas Kar and siclik wrangit in the calling 
of the said Thomas Kar iniurius wordis and sail ask him forgifnes and 
pay ane li. of vax to Sanct Gelis lycht. 

The prouest and baillies consell and communate beand present for 
the tyme considdering the greit hurt, damage and skayth sustenit be the 
nychtboris of the bruchg thwiching the etting of thair cornis with thair 
avvyn bestiall now fra beirseid tyme till haruist hes statut and ordanit 
that na oxin, ky nor scheip pas by the comond akir the get to the 
Sanchory nor the get to the Pallmer furd bot that they pas to vtheris 
plaicis as tha think expedient and gif ony personis dois in the contrar 
the pundlan the first tyme xii d., the secund tyme ii s., the third tyme 55. 
onforgiffin and siclik the pundlan of the hors or guidis Hand in the cornis 
on the nycht to be v s., of that iiij s. to Sanct Gelis wark and xii d. to the 
takar. 

June 28th. Comperit personale John Auchanaquhy of that ilk on 
the ta part and John Serar alias Taklum on the tother part and forsamekill 
as the said John Auchanaquhy had persewit the fornamit John Serer for 
ane ox quhilk ox the said John Sercr coft fra him for xxxii s. The said 
John Serer producit vi famous personis to be vitnes. Thai deponit that 
the said xxxii s. promisit for the said ox vas haill and compleit pait to 
the said John Auchanaquhy and dovvme giffin thairupone. John Serer 
alias Taklum, protestit for his expensis and his witnes. 

July nth. The assise deliuerit that Alexander Lang sail content 
and pay to Angnes Robertson the sowme of saxtene sillingis for ane 
hors boych be the said Allex r . fra the said Angnes. 

August 8th. The assise deliuerit that Ellene Clay wrangit in the 
saying that James Lard staw certane silluer fra hir. 

The assise ordanit and deliuerit that James Falconer sail conduce 
him with ane master and nocht to pas vagane within this bruchg vnder 
the pane of banessing of him perpetualle of the samyn. 

The assise deliuerit that Elspet Troill, Mage Troill, thair modir callit 
. . wrangit in the striking of John Macynhyne and his spous and siclik 
in awaytaking of ane cow fra Johne Baldone quhilk was takine in his 



I54 1 -] BURGH COURT BOOK. 63 

moder cornis for the quhilkis the assise ordanis that the forsaid Elspet, 
Mege and thair mothir be alluterlie banest this bru'. conforme to the aid 
actis maid of befoir and attour gif James Rob rasauis or rasettis ony of 
the forsaidis personis in tyme cuming to tyne his fredome and to be 
banest inlikuais. 

August l6th. Communitas contra Zoung. Thomas Elder, alias 
Zoung, become of his awine motywe in the prouest, baillies and consell of 
this bru'. in thair willis for the cutting and distroying of the Schancory 
woid pertinying to the communate of this bru'. and to vnderlie thair 
correctioun. 

Alexander Pedder wrangit in the breking of certane arrowis. He 
sail pay the just availl of the samyn. 

August 22nd. The assise deliuerit that Androu Andersone, alias 
Kabberis, wrangit in the drawing of Androu Ratis hair and in the 
breking of Androu Ratis dwir with ane ley', ax, and ordanis the said 
Androu Andersone sail remain xxiiij howris in the tolboyth, and gif evir 
he committis sic ane fait in tyme cuming to be baneist the burgh. 

September 24th. Allexander Malcome was electit and made freman, 
and sueir his ayth of fidelate to this bru'. and nychtboris of the samyn, 
and sail pay v s. 

The assise deliuerit that Elspet Coutts, alias Troill, for the trublance 
and wrangis doune to Elezabeth Tailzour, and for vtheris greit cremis 
downe in tymis bygane, sail remevf and be banest this bru'. perpetuallie, 
and gif it sail happine ony nechbor of this bru'. to rasaue or reset hir, 
quhasumeuer he be, sail tyne his fredome perpetual!, becaus sche hes 
beine oft banest abefoir. 

The assise deliuerit that John Barbur wrangit in casting of ane bowill 
at Thomas Ayir and hitting of him thairwith in the heid and siclik for 
the riffing of the said Thomas clais, for the quhilkis crymis and vtheris 
crymis dovne abefoir he salbe and is banest this bru'. perpetuall lik as 
he vas abefoir ay and q u . he vptene lecence at prouest, baillies, consell 
and communate of this bru 1 . 

October 3rd. John Bayne, burges of this bru'., protestit in jugement 
for all costis, expensis, schaithis optenit be the lard of Alter or ony 
vtheris concernyng ane goldine tablet haldin and away put be John Wat, 
burges of the said bru'., quhilk tablet of gold the forsaid John Watt 
promist to deliuer to the said John Bayne and rasauit pament for the 
quhilk the said taiblet was laid in ved as the said Johne Bayne allegit. 






<5 4 RECORDS OF ELGIN. ['541- 

Mr. Thomas Gaderar, commissar of Murray, complenit vpon Robert 
Mawar for cassin ane stank upon ane taill pertynyng to the said Mr. 
Thomas. The prouest and bailies ordanis that ane bailie and four 
famous nychtboris pas and caus the skayth dovn to be mendit. 

The quhilk day William Douglas mad protestation in jugement for 
him self and all vtheris that quhasumeuer persone, man or voman, that 
gifis landis to thair barnis afoir thair deid, thai and ilk ane of tham sail 
forthink the samyn with thair harts or thay de. 

Thomas Kar, officiar, passit at the command of the prouest to ane 
rud of land lyand betuyx the vicar pensionar at the est and Robert 
Mawar at the vast on the north syid of this bru 1 ., and presentit zerd and 
stane at the instance of Johne Bayne befoir thir witnes, Sir Thomas 
Rind, Thomas Bayne, V m . Malcom, John Rag and John Feldone for this 
curt, and protestit for his annell of the said land for all tims bygane and 
to cum. 

The quhilk day William Gaderar, elder, was electit and chosine 
prouest of this bru'. for ane zeir nyxtocum, and suorne to exerce the 
samyn trevlie during the said spaice. 

The quhilk day Allex r . Wynchistir, zoungar, John Forsyth, Androu 
Gaderar and William Annan war menit and chosine baillies of this bru 1 . 
for to exerce the said office for ane zeir nyxt to cum, and William Annan 
and Andro Gaderar suorne in jugement heirto. 

October i6th. The quhilk day William Malcome, William Kyncorne, 
Androu Gibsone and Thomas Kar was ellecit and chosine officiaris and 
serwandis of this bru'. for ane zeir nyxtocum, and suorne to vse the 
samyn trulie for the said spaice. 

The quhilk day William Gaderar, zoungar, was ellecit and chosine 
clerk of court of this bru'. for ane zeir and suorne thairto. 

The quhilk day James Leyvnstoune and William Levynstoune ves 
ellectit and chosine dempstaris for ane zeir, and suorne thairto. 

The comond counsell : the prouest, the four baillies [and eleven 
others]. 

William Douglas tuik to impreve ane transump and instrument 
transsumit out of Master Androu Cheves prothogall buik of the dait the 
xvi day of Fabruar in the zeir of God I M . V c . xxv zeris quhilk instrument 
continis the ressingnation of ane ruid of land maid to James Douglas be 
his said fadir, William Douglas. 



IS4 1 -] BURGH COURT BOOK. 65 

October 22nd. The prouest, baillies [four baillies present], consell 
and communate hes ellecit and choisine William Gaderar, zoungar, 
bailie q 11 . Mychalmes nyxtocum, and the said William suorne to vse the 
said offece trevlie. 

It is statut and ordanit be the haill communate that na derer ayill be 
sauld within this bru 1 . na xii d. the gallone fra this fur 1 , the best that may 
be brovine, and war to be set be the cunstaris to lawar prece vnder the 
pane of deling of the samyn / and that nan kep aill or refuis to sell the 
samyn to ony persone for money accep ane gallon with ane burgess and 
the stallingeris to sell continewallie q 11 . it lastis vnder the payn of 
escheting of the samyn and disponyng thairof at the baillies willis. 

It is statut and ordanit that the leif of breid of quhit for ii d. contene 
xxiiij vncis and the penne leif xii vncis of sufficient stuf, and gif ony 
fait beis in the veycht the baxstaris to be punist / and for the gudncs of 
the stuf the avneris to be punist, that is to say, the baxstaris for thair 
fait salbe punist in thair bodeis togidder with viii s. of vnlaw and ettour 
gif it sail happne ony persone that vsit the craft to abstein thairfra for 
caus of this statut it is ordanit that tha be alluterlie secludit fra all 
priuilege of baiki"g for ane zeir heircfter. 

It is statut and ordanit that na stabillar nor vther persone within this 
burgh sell deirer eitis to horse corne na iiij d. the pect, vnder the paine of 
escheting fra ilk person of ane boll of the samyn for ilk defalt and ilk 
sellar or coper heue ane sufficient ferlot and pect to sell the samyn. 

It is statut and ordanit that no persone within this bru 1 . balk eit 
caikis to sell vnder the pain of deling of the samyn as the baillies pleis, 
and attour that na stallenger cum to the markat of vittcllis afoir ane hour 
efternovne and to the fysch mercat that na maner persone by vittellis 
nor fysch outout the commond merkat under the said pain, and this act 
to be kept anent the flesh merkat vnder sic payne. 

It is statut that the penny candill contene xviii inchis in lenth and 
ane beir corne in depnes, and sicklik the halpane candill ix inchis and 
the said deipnes, vnder the pain of disponyng of the samyn at the vill of 
the baillies. 

It is ordanit and statut that all personis that hes laid ony gudding to 
the gray freris dikis that the samyn be takine avay or Mununday at 
evine nyxt to cum, and failzeing thairof it salbe Icsum to any nychtbor 
to leid the samyn quhair tha pies as thair awin propir guidding and 

K 



66 RECORDS OF ELGIN. [IS4 1 - 

siclik that all channcllis and wennellis be red be the awnaris of all 
stopis (?) and guiddingis, and failzeand thairof it salbe lesum to the 
baillies to despone the samyn quhair thay pies and to tak viii s. vnlaw of 
the avnaris. 

It is statut and ordanit that all fremen and burges being varnit 
sufficientlie to compeyr for ministratione of justcce sail enter at half hour 
to xi afoir novnc, and failzeand thairof sail pay iiij d. to the clerk for his 
abscns, and gif he comperis nocht q". the assise beis chosine, he or thay 
sail pay viii s. vnforgiffin. 

It is ordanit that the officiaris of this bru'. varne all dekins of craft to 
Mununday nyxt cumis, and thair gif all personis and servandis of thair 
craftis in bill to the proucst and baillies. 

October 24th. The assise deliuerit that John Cuming in Grene [and 
others] wrangit in the ctting of the cornis pertinying to Johne Bayne 
with thair guiddis as tha that ar sibtenncndis to the burgh for the landis 
of Duuellegrenc quhair the saidis cornis var distroit and ettin, and sail 
pay to the said John Bayne samekill as they can nocht guidle acquit 
tham be thair greit ayth. 

October 31. The assise deliuerit that John Baxstair wrangit in the 
streking of William Vardan on the heid, and sail pay i li. vax to Sanct 
Gclis lycht. 

The assise deliuerit that Thomas Ayir wrangit in bying of fresch 
hidis within the boundis of this schyir, he beand vnfre and siklik in 
barking of the samyn and selling the samyn to vnfre men and enterit 
this schyir and siclik deliuerit that William Donaldsone vrangit in 
barking of hidis and sellying the samyn out of this schyir. 

November 4th. Cutbert Cumyng becom souerte for Thomas Ayir 
and Alexander Reid for Androu Mathow that thai nor naine of tham 
sail by fresch hyidis within the bovndis of the fredoome of this burgh bot 
fray fre men and siclik that thai sail nocht sell barkit ledder out of this 
burgh bot vithin the samyn and to fre men vnder payne of eschetting of 
the stuf and punissing of tham selfis and thair souerteis. 

December 3rd. Compcrit in jugement John Grant of Balnadalach 
and deliuerit ane breve of our souerane lordis chepell to William Gaderar, 
prouest, for dew serving of the samyn and the . day of Januar nyxt to 
cum assingnit to the said John Grant to the effect forsaid [ane breve 
impetrat be the forsaid John Grant of quhat landis and anvell rentis his 
vmq". fader, Patrik Grant, deit last vestit and sasit]. 



IS4 1 - 2 -] BURGH COURT BOOK. 67 

December 5th. The assise deliuerit that Allex r . Syme sail cum 
befoir John Zoung on our Lady day of Belle at the said kirk and preve 
that he pait ane boll of victell to John Vatson. 

December I2th. The assise deliuerit that Langsande wrangit in the 
avayhalding of ane brovne quhit hornit ox fra James Vynk, and auch 
and suld deliuer the samyn. 



1541-2. 

January i6th. Sir Thomas Straquhen protestit in jugetnent for his 
just expenses to be had of Alexander Malcom, becaus the said Allex r . 
causit arrest the said Sir Thomas within the said bru 1 . and na action 
obtenit be him contrar the said Sir Thomas. 

The assise deliuerit that James Crestisone wrangit in the broking of 
Thomas Lowreis heid and drawing bluid of him to greit quantate, and 
sail pay 53. to the said Thomas to ane amendis. 

The assise deliuerit that James Vatsone wrangit in the avay taking 
of ane bonet fra V m . Tailzour and stranging of the samyn in the myir, 
and James Vatson wrangit in the striking of Villiam Tailzour on the 
faice and er with his neif. The assise deliuerit that Villiam Tailzour 
wrangit in the away taking of ane pair of gluiffis out of James Vatsonis 
boyth, and calling of the said James scabbit lyper carlle. 

January 2yd. The assise deliuerit that Thomas Pakman wrangit in 
the trubling and striking of John Adesone vpon the kingis he streit, and 
sail pay to the said John thwa sillingis to amendis. 

January 3Oth. The assise deliuerit that Elizabet Frisell auch allaner- 
lie bot sax sillingis to Janet Zoung for the quhilk the said Janet hes ane 
pot in vod / the forsaid Elizabet payand the said sax sillingis that scho 
auch to hef her pot. 

February 6th. The quhilk day James Vat, with consent of the haill 
communate beand present for the tyme, vas maid burges and freman of 
this burgh, and maid his ayth of fidelate to the samyn, for the quhilk he 
sail pay xxvi s. viii d. quhen and quhat tyme he beis requirit with the 
samyn with the prouest and baillies. 

February I3th. Thomas Ayir protestit that in cais his spous, 
Margarat Artill, sell, gif avay or dispone ony geir of guidis pertenying 
to the said Thomas fra this day fordvart that the samyn be no hurt nor 



68 RECORDS OF ELGIN. [ 1 541 -2. 

preiudece to him, hot he may heue ingress to his guiddis and geir as 
saidis without ony satisfaction to the parte, becaus it is vnderstand 
cleirlie that the said Margaret hes disponit his geir in tymis bygane by 
his avise and to thair awyn gret schaythis, and this maid knawin to all 
and sundre be oppin intimation be Thomas Kar, officiar, at the tolboyth 
dwir this day at the command of the baillies. 

The quhilk day the assise deliuerit that Johne Innes wrangit in the 
calling of Nicoll Moressone swenger carle and birsyn carle, for the 
quhilkis he sail ask the said Necoll forgiffnes, and gif evir he committis 
sic ane fait in tymc to cum to be banist this burgh. 

The assise deliuerit that Elizabet Leslie, spous to Hendry Covper, 
wrangit in the defemyng of Alex r . Malcome calland him trwtor. 

The assise deliuerit that Maireon Murray was in ane amerchiament 
for the wrangus defamyng of Androu Milln calland hym dovr drunkyn 
beist and schabbit carlis get with vtheris iniurius wordis to himself and 
his vyf, for the quhilkis sche sail desyir forgifnes at the said Androu and 
remayn xlviii hovris in the tolboyth at the vill of the prouest, and gif 
evir scho committis sic ane fait in tym to cum to be banist this burgh. 

The assise deliuerit that Johne Bayne auch and suld content and pay 
to Sir James Kar his just expensis of his burd be the spaice of xxvi dais 
lik as the said Sir James deponit his greit ayith thairupone bygan and 
gif the said Sir James ane dais meit ovklie of his just vagis for the samyn 
ay quhill the said Johne Bayne be dischargit be the prouest, baillies and 
consell of this bru'. thairfor. 

John Cowe deliuerit to the baillies ane pot and ane pane as souerte 
to the forsaid baillies for the vnlavis anent Thomas Pakman, quhilk pan 
and pot var apprisit be Alexander Reid, V m . Aldcorne, Alex r . Vynchister, 
elder, and Androu Gibsone, serjand, to the sovm of xx s. 

March 7th. David Harde vas chargit be ane officiar in jugement 
nocht to heue na talch out of this realm conform to the actis of parliament 
vnder the payne of tinsell of his fredovme. 

March 8th. The prouest, baillies, consell and haill communate beand 
present for the tyme hes set and for maill lattin all and haill the tovne 
and lands of Divuelegrene with the pertinentis to thir personis vnder- 
writtin, that is to say, to Alex r . Vynchister, zoungar, ane quarter, to 
Andro Gaderar ane quartar, to John Zoung, zoungar, and Dauid Tailzour 
ane quartar, and to William Gaderar, zoungar, ane quartar, ilk quartar 



I54 1 - 2 -] BURGH COURT BOOK. 69 

payand v li. at thwa termis in the zeir, Vitsonday and Mertemes, for all 
the dais and termis of iii zeris nyxt heireftir and fra iii zeir to iii zeir as 
lang as tha mak guid and thankfull pament to the tovne of the forsaid 
sovm, providing the forsaidis A r ., Androu, John, David and William 
occupy the samyn with thair avin propir plwchis guiddis and cotteris 
with lecence to all and sindry nychtboris, burgessis of this burgh, to cast 
dwuettis vpone the grenis of the said tovne and failzeand heirof the 
forsaidis takkis to vaik eo facto. 

The quhilk day the prouest, etc., hes set the croft of Tayok syid and 
Spittell croft to John Vat, Androu Gibson and Alex r . Williamson for 
iii zeris for fovrte sillingis be zeir. 

March I3th. The assise deliuerit that Robert Zoung is in anc 
amerchiament for the wrangus slaying of ane zow pertinying to John 
Smyth, and sail deliuer the said Johne ane zow als guid or the just precc 
thairof. 

The assise deliuerit- that William Necoll is in amerchement for his 
wrangus broch striking vpone Andro Dauidson allcgand the said Androu 
wrangusle held fra him iiii ellnis and ane quartar of color de roy. 

The prouest and baillies decernit that the spovs of Thomas Void sail 
mak compt reknyng and payment to William Hay of xx s. for ane boll 
of quhit. 

March iyth. The assise deliuerit that Mvirzell Caldour wrangit in 
hir broch strikin apon Janat Anderson and Merzoun Pakman allegcand 
the forsaid Janat and Merzone callit hyr commownd hwir, pintill in 
pintill out hyr and ane home at thair taill, freris hewir, and prestis hewir, 
and monkis hewir, as was giffin for dowme. 

March 2oth. The sudaart decernit and deliuerit that the Annunciation 
of our Lady nyxt cumis auch and suld be assingit to James Wynk on 
the tayne part and lang Sande on the tother part to caus the arbitratoris 
convene in Sanct Gelis Kirk and thair commond eftir the forme and 
tenour of the actis maid abefoir. 

The assise decernit that Necoll Moresone is in ane amerchiament for 
the vrangus trubling of the covrt sayand in jugement to V m . Gray myllart 
carlle and dovme giffin thairupoune. 

The assise deliuerit that James Vink vas in ane amerchiament for the 
vrangus defamyng of V m . Byrneth sayand to him in jugement lovne fals 
smaik that the said V m . was and siklik and he had him furth of the 



7 RECORDS OF ELGIN. [l54 2 - 

tolboyth he suld hef amendis of the said V., for the quhilk the forsaid 
James sail pay i li. vax. to Sancte Gelis lycht. 

The assisc deliuerit that V m . Birneth is in ane amerchiament for the 
vrangus saying to James Vink in jugement comond theif that he vas and 
that he suld hef beine hangit four zeir syne, for the quhilkis the forsaid 
V m . Birneth sail pay ii li. of vax. 



1542. 

March 3Oth. The quhilk day V m . Gaderar, provest of the said bra'., 
and James Vrquhart, prouest of Forres, rasauit the ayth of John Forsyth, 
masar, in jugement efter the forme and tenour of our souerane lordis 
letteris dircctit to the forsaidis provost thairupone till vse the offece of 
serreschep in that part in ane matter debatabill betuyx Sir Thomas 
Brabuner, cheplan of Sanct . chepland vithin the chathedrall kirk of 
Murray and Sir V m . Hvvme, chaplane of Sanct Niniane chaplanry within 
the said kirk and thair tennentis and subtennentis of the landis of 
Flychncs on the tain part and Sir John Campbell of Caldour, kny., and 
all vtheris heffand entres with the saidis landis on the tother part efter 
the forme and tenour of ane commission derectit be our souerane lord to 
the forsaid John Forsyth to the effect forsaid as at mair lenth is contenit 
in the samyn vpone the quhilks rasauyne of the said John Forsythis ayth 
in jugement the forsaid Sir Villiam and Sir Thomas desirit act of covrt. 

April iyth. The assise deliuerit that Thomas Ayir wrangit in the 
masterfull cuming on Mununday efter Paysche day that last vas vpone 
David Gaw recentle efter the rasait of the blissit sacrament and pulling 
of the said Dauid Gaw be the crag and cruvellie halding of him at erd 
and putting of his thovmis in the said Dauidis crag and thairefter riffing 
of his flesch, clays and sark and leving him nakit and attour minassing of 
the said Dauid Gaw with ii stanis in his handis sayand to him thir 
vordis / be Goddis voundis youe sail nevir pas heyme or for fee the man 
to me and put thi thovmis vnder my belt, for the quhilkis wrangis the 
assise ordanis that the forsaid Thomas Ayir sail content and pay the 
sovme of xx s. vsuall money of Scotland in sythment to the parte, and 
gif evir the said Thomas committis sic ane fait or cryme to be banist this 
burgh and tyne his fredome perpetuall. 



I54 2 -] BURGH COURT BOOK. 71 

Comperit in jugement Sir Archibald Chayne, chaplane, and desirit 
erd and stane of ane ruid of land pertinying to James Hay lyand on the 
sovth syid of this bru 1 . for non pament of certane byrunne anvellis auch 
to him and this at the first court for proces of recunncssing quhilk erd 
and stane was rasit of the sayd land and prcsentit in jugement be 
Thomas Kar, officiar at the baillies command, befoir thir vitnes, John 
Baldone, Mychell Etlis and John Taillzour. 

[Margaret and Janet Froster, sisters to the deceased Sir Andrew 
Froster, are served heirs to him in a rood of land on the north side of the 
burgh.] 

The assise deliuerit that Alexander Chapman, alias Lang Sanclc, 
wrangit in the defamyng of Ellene Ternvay on Pais day, sayand Ellenc 
slew ane gryis pertinying to him and that sche eit the samyn on Paischc 
day that last vas, for the qlk sclandir and defamation the assise ordanis 
that the forsaid Lang^tnde sail desyr forgiffnes at the said Ellene and 
mak his greit ayth that he knavis to hir bot lauty honesty and is ane 
trev persone. 

The quhilk day Villiam Hay vas, with consent of the prouest, bailies, 
consell and haill communate beand present for the tyme, maid frcman 
and burges of this burgh, and maid his ayth off fidclate to the Kingis 
graice and to this burgh as vse is payand vi s. viii d. quhcn it beis requirit 
be the baillies. 

The assise deliuerit that Angnes Thorne is aquit of allcgit wrangus 
avayhaldin of ane sark fra Ellene Ternway of iiii ellnis lynnyng as sche 
that sweir in jugement that sche rasauit the samyn. 

April 2oth. The assise deliuerit that Effc Sandesone vrangit in the 
masterfull streking of Ellene Murray with ane tanggis on the gardes and 
hurting of hir with the samyn, for the quhilkis wrangis the said Effame 
sail ramain xxiiii hovris in the tolboyth at the vill of the party. 

May igth. The assise deliuerit that Meget Froster wrangit in the 
blaspheming of Robert Dauidsone calland him commond theif and kill 
brekar, for quhilk iniuris the assise ordanis that the forsaid Mcget Froster 
be banist this brugh instantle. 

May 22nd. The assise deliuerit that Nicoll Moness is aquit of the 
allegit wrangus saying that he suld cut Angnes Stonis kirtill to hir 

a , and the said Angnes in ane amercheament for the wrangus broch 

strik. 



72 RECORDS OF ELGIN. [l54 2 - 

The assise decernit that Bessie Mores wrangit in the calling of 
Angnes Stone thiffis bird, Upper menis bird, and that hir moder was 
drownit in ane wal. 

The assise decernit that Angnes Stone vrangit in the saying to Necoll 
Morcssonc that shayth war it to gadder ane dussane of quyins and gar 
lesch him quhill tha var ane inch of him togidder, for the qlk sche is in 
ane amerchiament. 

June 26th. The assise deliucrit that the moder of the spous of 
Hendre Couper salbe banist instantle out of the boundis and frcdome of 
this bru'. pcrpctuall. 

June 30th. The assise deliucrit that Cristcn Varden wrangit in the 
calling of Margarat Froster vild meir, comond huyr and theif. 

The assise deliuerit that Margarat Froster wrangit in the striking of 
Cristcn Varden with ane pan vpoun the heid and draving the said 
Cristenis hair to grcit quantatc out of hir heid. 

July 6th. The baillies decernit that William Gregor aucht and suld 
dcliucr to Johnc Moir ane firlott of meill and ane halfdysch betuyx this 
and Sancte James day. 

July 1 8th. The assise deliuerit that Megot Stuart wrangit in the 
defaming of Ellenc Ternivay and Margarat Ternivay calland the said 
Ellen and Margarat shabbit, clangorit carlis birdis. 

The assise deliuerit that Ellenc Ternway vrangit in the calling 
Mcgot Stuart schabit, blerit, clangorit carling. 

August 28th. The assise deliucrit that Elizabct Sutherland wrangit 
in refusing to sell brcid of eitts to Thomas Kar, freman, albeit sche had 
the samyn and said to vtheris. 

September nth. An inquest fand and deliuerit that V m . Birneth 
being ane vnfreman wranguslic forstallit the burgesses and freemen of 
this brugh of Elgin in bying of ane last of salmon fra vnfremen being 
pakit at the port of Spcy eftcr the quhilk deliuerancc the saidis jugis 
conforme to our souerane lordis lettcris and actis of parliament eschetit 
the said last of salmond the tain half thairof to pertene to oure souerane 
lordis vse and the tother half of the samyn to the tovnc of Elgin and the 
said Villiam Byrneth forther to be punisit according to justice. 

October 2nd. The quhilk day Johne Zoung, elder, ves electit and 
chosine provest be the haill communate for ane zeir nyxt to cum and 
sworne to exerce the samyn offece trelie. The quhilk day Allexander 



IS42-3-] BURGH COURT BOOK. 73 

Vynchistir, zounger, Johane Zoung, zoungar, Robert Gaderar and Dauid 
Harde var electit and chosin and sworne baillies for ane zeir. [Four 
officers were also elected and William Gaderar was elected common clerk 
and James and William Levingstone dempsters all for one year.] 

November 2Oth. [The Common Council consists of the provost, four 
bailies and ten other Councillors.] 

The prouest etc. hes set the comond tollis with the schamill maill to 
Dauid Tailzour for the spaice of thre zeris for the sovme of thventy 
aucht markis and ane stain of thalch zeirle. 

The prouest etc. hes assignit ane auchenpart of land lyand vithin the 
grechip of this bru 1 . and ane part thairof in Baldonishalch to James Vat 
and that be the resignatioun of John Brovne and the entres silucr 
dischargit to the said James for the surfet expensis maid be him in the 
Kingis servece at the tovnis command novlie affor this act. 

The assise deliuerit that Andro Skabertmakar wrangit in the avay- 
halding of ten sillingis money in pament of ane suord fray William Hay 
in Innerlochy. 

The assise deliuerit that Janet Hay vrangit in the trubling of Angnes 
Baldovne dravand hir hair and reving of hir clais and dinging of hir in 
the mylln. 

The quhilk day Allexander Chepman, alias Langsande, comperit 
personale in jugement as he that was replegit be John Zoung, zoungar, 
baillie of this burgh, out of ane reverand faderis court Patrik, bischop of 
Murray, quha vas arrestit at the instance of James Vink and souerte 
collarach fundin that the said James suld hef justice this day within this 
covrt as terme peremptour of the forsaid Allexander, Quhairfor the 
forsaid Allexander being present at the fensing of this court and 
ramanand q 11 . the end of the samen and the forsaid James nor nain in his 
name comperand to persew, the forsaid Allexander protestit that this 
terme and day be obsoluitour simpleciter fra the said James cleme be 
rasone that this day vas effixit as terme peremptour as he allegit vpoune 
the quhilk protestation the said Allex r . desyrit act of covrt. 

I542-3- 

January 8th. The quhilk day the baillies commandit Villiam 
Aldcorne, seriand, to pas to the land of Andro Alves, lyand in the south 

L 



74 RECORDS OF ELGIN. [l$4 2 -3- 

syid of this bru. betuyx the land of Marrone Rag at the vast and the 
land of Johane at the est and bring erd and stane of the samyn at the 
instance of Sir Thomas Rind, vicar pensioner of this burgh, for non 
pament of x s. annell zeirlie, and this the forsaid officiar did befoir thir 
vitnes, William Gray and Allex r . Covper for the first covrt. 

January 1 5th. The assise deliuerit that William Milln auch and vald 
gif ane dais burd to Sir Thomas Rag ilk fourtene dais ay and quhill the 
said V m . caus the consell assigne the said Sir Thomas to ane vthir 
nychtbour / and attoyr the said William sail content and pay for ilk day 
viii d. that the said Sir Thomas vill mak the greit ayth he vantit of him 
byganc and dovme giffin thairupoun. 

January 2gth. The assise fand and deliuerit that Johne Bayne 
wrangit in the defamyng of Sir James Kar in the saying that all his 
mothcris barnis war commond thevis. 

The assise deliuerit that John Bayne wrangit in the avayhalding of 
ane dayis burd ilk fyftcne dais sen the viii day of Maii last bypast fra 
Sir Thomas Kar and sail content and pay the just awaill thairof. 



1543- 

April 2nd. The proucst commandit to put Villiam Hay, sone to 
vmq 11 . Sir Thomas Hay in the suitroll for . ruidis of land and ane half 
conform to his evident maid thairupoun, lyand betuyx the land of Besse 
. at the vest and Master Allex r . Douglas at the est, extending fra the 
Kyngis he get at the northt to the bak get at the sovth vpoun the south 
syid of this bru 1 . 

April 9th. The assise deliuerit that Johane Barbur auch and suld 
content and pay to Sir James Kar his iust expensis for ane dayis burd 
ilk xv dais that the said Sir James vill mak fayth that he vantis of him 
and attour sail continev vyth the said John Barbur quhill the terme of 
Beltane nyxt to cum. 

Anent the actioun of iniuris persevit be Master Thomas Gaderar, 
pcrsoun of Mortlik, contrar and aganis Villiam Saidlar and his spous, 
Elezabeth Sutherland, that quhair the said Villiam Saidlar and his said 
spous said and callit the said Master Thomas on the kyngis hee stret in 
presens [of] diueris strangeris javell prest, crukit carlis get, theif carle 



1 543-1 BURGH COURT BOOK. 75 

and cumm of carlis and siklik vtheris iniurius vordis / the forsaid Villiam 
and Elezabeth beand accusit be the movth of the provest for the samyn 
thay cam in the provestis vill and thair efter the provest be the avys and 
deliuerance of the assise decernit and ordanit that the said Villiam sail 
cum on Sonday nyxt cumis in tyme of the confiteor of the hee mess 
and thair in presens of the haill parochine beand present for the tyme 
sail ask the said Master Thomas forgiffnes and say that he falit in the 
saying of the aboune writtin iniuris and offir to the forsaid Master 
Thomas ane vax candill conteriand ane quartar of ane pund / and attour 
the assise ordanis and decernis that in cais the said Villiam and Elezabeth 
commit sic ane fait in tyme cuming thay be the tenour of this act 
depreves tham of thair fredovme of this bru 1 . and salbe banist the samyn 
for ane zeir. 

May 1 2th. Cutbert Cuming dischargit him off Sir Thomas Rag, 
chepland, in giffin him a part of his burd fra the last terme of beltan 
forvard in cais that the said Cutbert be nocht providit and helpit with a 
part of the commond landis nov vacand quhairby he ma sustene the said 
cheplane, vpoun the quhilk discharge and requisitioun of the provest with 
the forsaid landis the said Cutbert desirit act of covrt. 

May 2ist. The prouest and baillies decernit and ordanit that Janet 
Moneypenne alias Vallace vif suld content and pay to Robert Murray in 
Findorne fourty penneis for ane half zeiris maill of ane cellar in our 
Lade heych hous. 

The assise deliuerit that Hendre Covper vrangit gretumlie in the 
saying to A r . Vynchistir, zoungar, bailie of this bru 1 . / quhy rasauit ze the 
chist than / for the quhilkis tha ordane the said Hendre to set dovn in 
jugement and desyr forgiffnes at the said Alex 1 ", and mak fayth he said 
the sayd vordis of malice / and to deliuer ane candill of vax contenand 
half ane pund on Sunday that nyxt cumis to the viccar of Sanct Gelis 
kirk. 

May 28th. The quhilk day John Gaderar was kend nerest and 
lauchfull ayir to his vmq 11 . fader, Allexander Gaderar, zoungar, be ane 
conding inquest. 

June 5th. Comperit personale Marcus Abernethy and presentit ane 
broch allegand that Johane Smyth and his wif wrangit and aganis the 
law tuik ane pakcall of geir fra the said Marcus to keip within the said 
John Smythis hous quhilk pakcall contenit within it ane plaid of ten 



76 RECORDS OF ELGIN. [l543- 

ellnis prece xx .s., ane kirtill of franch blak, prece four li., ane maid pair 
of hois, price viii s., sax quartaris hosing quhyt, price sax sillingis, ane 
pair of knyfis, price ii s., thvva pair new schowin, price xxxii d., ane breid 
knyf four sillingis and ane doublet of canves, price vis. viiid. [John 
Smith and his wife denying, the case is referred to an assise of fifteen 
persons who find that John Smith and his wife are quit of the claim.] 

July 6th. Valtir Innes vas decernit to pay to Johane Innes xxviis. 
vsuall money for ane ferekin of saip. 

The assise dcliucrit that David Gaw wrangit in the masterfull streking 
of Effc Sandesone, spous to Androu Gibsone, and castand the forsaid 
Effam and hir zoung barne in hir armis in ane myir and giffing of hir 
iniurius vordis and attour dcliuerit that the forsaid Dauid wrangit 

grctumlie in the filing of John Zoungis well by d in the samyn and 

siclik that he wrangit in the saying that he vald do the samyn in despiyt 
of the provest for the quhilkis the said assise ordanis that the said Dauid 
sail set dovnc on his kneis in jugement and desyir remit at the provest 
for the fait committit to him and for that cryme and the vtheris aboue 
writtin salbe remouit this bru'. fra inhabitatioun in dwelling within the 
samyn for the spaice of ane zcir nyxt heir efter and that he sail nocht 
weir ane knyf nor sword within this bru'. induiring the forsaid spaice and 
sail clens and dycht the veil filit be him incontinent, felzeand thairof his 
redeast guidis to be takin to do the samyn. 

Angnes Robertsone tuik the penult day of this instant moneth to 
preve compt, rekning and pament to Alex r . Vynchister, elder, of five 
bollis i fir. fcrme of tua zeris bygane for ane croft and ane quartar of the 
Suyttynakiris. 

John Bayne tuik the penult day of this moneth instant to preve that 
Johane Innes, elder, bocht ane haberioun for vi lib. fra the said John 
Bayne. 

The assise deliuerit that Valtir Innes sail content and pay to Johanne 
Innes ane crovne of gold contennand xxii s. or xxii s. quhit money quhiik 
crovne vas deliuerit be the said John to the said Valtir in arlis of ane 
biging in part of pament thairof and nocht as tynt money in cais the 
remanent money vas nocht pait. 

July 30th. The assise deliuerit that the spous of Magnus Russell 
wrangit and is in ane amerchement for the wrangus blasfemyng and 
defamyng of William Cuming calland the said Villiam wolf facit carle 



1 543-] BURGH COURT BOOK. 77 

with diueris vtheris iniurius vordis for the quhilkis sche sail remane 
xxiiij hovris within the tolboyth at the vill of the party. 

David Tailzour beand sworne, the haliedome be him twychit, deponit 
that Johne Bayne vas avand to him the sovme of thre li. iii s. 

Thomas Smyth becom oblist and actit to releve Johane Tailzour at 
the handis of Sir Alex r . Sincler of ane boll victell. 

August 2Oth. The quhilk day Allex r . Dunbar of Cumnok, sercff 
princepall of Elgine and Forres becum oblist of his avyne fre vil to grant 
to varrand Johane Innes at the handis of John Bayne of ane haberioune / 
quhilk the said Allex r . Dunbar grantit him hevand in his possessioun and 
arrestit be his officiaris at the instance of Johane Grant of Balnadaloch 
as stollin fra the said Johne Grant as he allegit. 

V m . Douglas, elder, paroch clerk of Elgin personale present in juge- 
ment protestit that quhat the provest, baillies, consell and communate 
dois or hes dovne tovart the presenting of or avay giffing of thair 
ellectionys of the said paroch clerkschip to my erle of Murray, Master 
Thomas Hay or ony vtheris be not hurt or preiudece to him. 

August 23rd. The prouest at the command of the baillies consell 
and communaty assignit ane of the auchenpairtis quhilkis var possedit 
be wmq 11 . Sir Thomas Hay, vicar of Duffus (and now vacand be the said 
Sir Thomas deces) to Villiam Malcome, burges of the said bru'. and 
dischargis all entres siluer or vtheris exactionis quhatsumeuir to the said 
Villiam for his expensis and laboris to be maid now instantle in ryding 
with the erle of Murray to the Month for besenes concernyng the veill 
of this realm providing that the said Villiam sustene ane preist to the 
vphald of Godis seruice according to the quantate of the said land as 
vtheris nychtboris dois. [The other auchten part that belonged to Sir 
Thomas was assigned to John Watt for like service, and on like conditions. 
Janet and Mege, sisters of Sir Thomas, had been legally served heiresses 
to him. The claims of William and James, the vicar's sons, were 
naturally disregarded in these proceedings.] 

October ist. Comperit personalie in jugement ane devoit fader freir 
Johane Cristisoune, subpreor of the freris predicatouris of this burgh, 
and oppinlie presenttit ane protectioun grantit and giffin be our souerane 
lade Mare Quene of Scotland vv. awise consent and authorety of hir 
derrest cousing and tutour, James Erie of Arran, Lord Hamiltoune, 
protectour and gouernour of this realme to the provincial!, prioris, bredyr 



78 RECORDS OF ''ELGIN. [lS43- 

and sisteris of the said ordour within thes realm as at mair lenth is contenit 
within the said protectioun, daittit at Stirling, the auch day of September, 
in the zeir of God I M . V c . and xliii zeris, and subscrivit with the said 
tuttour and gouernoris handis. Efter the quhilkis presentation and 
publict reding of the said protectioun the forsaid fader desirit act of 
court 

William Gaderar, elder, was electit provest be all the haill communate 
present for ane zeir. 

October i5th. The prouest and baillies with avyise of the consell 
causit ane officiar to pas to the mercat croce and siclik to the tolbouytht 
duyr and thair be oppin proclamatioun chargit all personis our souerane 
ladeis legis that nayne of tham mak ony mercat by or sell with Megott 
Trovp, spovs of James Vat, becaus it is knawin that the said Megott is 
ane inordinat delapedar and vaister of hir said husbandis guidis. 

October 29th. John Bayne being persevit be Sir James Kar for the 
wrangus avayhalding of ane dais meit anis ilk fyftene days sen Januar 
vas ane zeir the forsaid Johane Bayne tuik the fyft day Nouember to 
preve him dischargit of samyn clayme ay and sen the dayt of ane 
writing maid betuyx the said Sir James Kar and the said Johane Bayne. 

November iQth. John Bayn beand persewit for the wrangus with- 
halding of ane dais burd from Sir James Kar anis in the vik for ane zeir 
bypast togidder with ane other dais burd ilk xv dais sen ane zeir and a 
half bygane the said John hes tayn the thrid day of December to preve 
the premises dischargit. 

December 3rd. John Bayne vas decernit to pay to Sir James Kar 
the just expense and availl for ane dais burd ilk xv dais sen the makyng 
of ane writine and dait thairof quhair the said Sir James dischargit the 
forsaid Johan of all burd afor the dait of the samyn for the sovme of 
xiii s. iiiid. 

December loth. The prouest and baillies decernit and ordanit that 
pindis suld be rasit and apprisit of Allexander Williamsoun to Sir James 
Kar for the availl of the said Sir James burd bygane samekle as he vill 
mak fayth he vantis and sail in tyme to cum contenov with the said 
Sir James q". he be dischargit be the consell of this burgh. 

The assise deliuerit that Jonet Zoung, spous to Androu Milln, hes just 
titill and rycht to ane almery boycht fra Antoun Hossak for xxx'x vi s. 

James Murray vas decernit be decreit of court to content and pay to 



1 543-4-] BURGH COURT BOOK. 79 

Allexander Barklay the sovm of x s. quhilk was modefeit be the provest 
and baillies for the leching of ane vound on the said James arme. 



1543-4- 

January 2 1st. The quhilk day anent the lamentable complaint mayd 
be Alex r . Malcom to the provest and bailzeis vpoun Angnes Stone, his 
spous, schawand quhair the said Angnes hes sauld, disponit and vaistit 
his guddis and geir to his greit schait and harschip besekand the provest 
and bailzeis forsaid to put remeid thairto according to justice, Quhairfor 
Villiam Kyncorne, officiar, past at the command of the forsaid provest 
and bailzeis to the towboyth duyr of the burgh and oppinly command 
and chargit all and sindry personis that nan suld by, sell nor reset ony 
guiddis pertenying the said Alexander and Angnes his spous in tym to 
cum vnder the pane of law with certificatioun to tham and every ane 
of tham that the guddis rasauit fra hir be tham salbe deliuerit to the said 
Alex r . hir husband without satisfactioun of the guddis or money debursit 
be the resettoris. 

February nth. Master Alex r . Douglas, soun and ayir to vmq". 
James Douglas, on the tain part and John Bayne on the thother part, 
becom oblist and sworn in jugement to abid, stand, vnderly and fulfill the 
sentens, decreit and deliuerians of honorabill men, that is to say, William 
Hay of Main, James Innes in Drany, Master Hew Cragy and Sir 
Souering Stuart or ony tua of tham as amicabill compositouris with 
Master Gavin Leslie, persoun of Kyngusse, ourman anent the claym of 
certane ayirdovme clemit be the said Master Alexander fra the forsaid 
John Bayne and siclik all and sundre vther clamis betuyx bayth the said 
parteis and the saidis personis to be convenit be ony of the parteis and 
to begyn on Sunday that nyxt cumis, viz., the xvi day of Februar instant 
within our Lady lill of the Cathedrall Kirk of Murray efter novn the 
sovne beand vp and to decyd and deliuer in the said actioun betuyx that 
and fastenis evin nyxt thairefter. 

February i8th. Villiam Innes, flessour, vas decernit to content and 
pay to Sir Johne Chanvell xii s. vsuall money. 

The assise deliuerit that Thomas Elder auch and suld releve ane pot 
pertenying to Marroun Murray out of Sir Archibald Coventras handis 



80 RECORDS OF ELGIN. [1543-4- 

quhilk vas takin for the said Thomas annellis to be deliuerit to the said 
Marroun. 

Gilbert Kemp vas acquit of the claym of Ivi s. of bow caill, clamyt 
be Thomas Nevane. 

March 22nd. Angus Williamsoun, bastard sonne to William Lauch- 
lansoun, presentit ane ligitimatioun of our souerane lade the quenis graice 
grantit to the said Angus to William Gaderar, elder, provest of the said 
bru'. to be proclamit at the mercat croce and thairefter the said provest 
causit proclame the said ligitimatioun as efferit quhilk ligitimatioun vas 
giflen vnder our forsaid souerane Ladeis great seill at Edinburgh the 
xv day of Januar in the zeir of God I M . V c . and fourte thre zcris. 



1544- 

March 3 1st. The assise deliuerit that John Bayne is acquit of the 
clcym of ane rois nobill clamit be William Douglas. 

August 1 8th. Johane Stuart, burges of Dunde, becom in the tovnis 
will for certane actionis vnder written that is to say, for breking of bovik 
of certane small salt being in his schip and nov within our port of Spey 
and selling of the samyn to Allexander Rodan and James Rodan, 
vnfremen, and siclik for the vsing of ane vthir mesour nor the comond 
mesour of this bru'. to met the said salt and attour for the breking of ane 
arrestment maid be John Murray, officiar, vpoun the said salt and siclik 
for the refusing of the sise boll to the bailleis and dovme gevin thairupoun. 

The assise deliuerit that David Tailzour hed juist rycht to v zeris tak 
of samekill of our Lady heycht hous as he tuik fra Robert Murray 
payand to the said Robert zeirly xl s. 

August 25th. John Bayne and Andro Mylln, burgessis of this 
brugh becom in the tovnschipis will for the wrangus bying of the guiddis 
being within ane fransch schip within the privilege of this brugh quhilk 
tovnschip hes dischargit the will and wrang for guid causis and statutis 
that in cais ony burges or vthir persoun do sic lik in ony tyme to cum 
the burges to tyne his fredovme and the stallinger to be banist for zeir 
and day. 

October 6th. James Pedder, officiar, past at the command of the 
provest and baillies to the land pertening to Androu Alves and thair 



f! 



it poir 5itl%jistkM} llmm,Vi5-fti<i 







-*=s? 



it. 








n*n /^tfm non- u 

^_^ v 




rtftamt 

li 




CONFIRMATION CHARTER BY THOMAS DUNBAR, EARL OF MORAY, TO THE OUILDRY 
OF ELGIN. 1396- 



1 544-5-] BURGH COURT BOOK. 8 1 

rasat erd and stane and presentit the samyn in jugement at the instans 
of Sir Archibald Coventry, cheplane and procurator for the cheplanis of 
the Chenroy Kirk of Murray, for non-payment of vi s. anvell zeirlie 
to the said cheplanis and this is for the third covrt befoir thir vitnes 
William Murray and Ferquhar Flessour. 

October I2th. The quhilk day for stanching of the greit trubill and 
cumyr dale maid to the provest, baillies and wtheris nychtboris of the 
said brugh be Sir James Kar, cheplane of the ruid seruice within the 
paroch kirk of the forsaid brugh / consernyng the vant of the forsaid Sir 
James dalie sustentatioun of meit and drink for all the dais of the said 
Sir James lyftyme / auch be the saidis provest, baillies, nychtboris and 
thair successoris of the said bru 1 . / lik as instruments, sententis, actis and 
wtheris processis gottin thairupoun proportis, notwithstanding the 
premissis it is fynalie concordit and agreit betuyx the prouest, baillies, 
consell and communate present for the tyme for them and thair successoris 
. . . that the forsaid Sir James Kar sail hef zeirlie tucff mcrkis 
wsuall money of this -realme to be pait at tua termis in the zcir viz. 
Vitsounday and Mertemes be equall portionis out of the comond purs of 
the said brugh / . . . for all the dais of the said Sir James lyftyme 
in compleit pament of the forsaid Sir James sustentatioun of meit and 
drink for the quhilk the said Sir James dischargis the provest, bailzeis, 
consell and communate present and to cum of all burd and sustentatioun 
in meit and drink bygane and to cum . . . providing alvais that the 
forsaid Sir James contenew in dwing and vphalding of Goddis scrwice 
twyching the kirk and schovill in tymeis to cum as he hes dovne in tymes 
bygane . . . Ita est diis Jacobus Kar manu propria. 

November i/th. Alex r . Watsoun vas decernit to deliuer auch franch 
hattis to John Bayne. 

December I5th. Twyching the claym of ane tcrtan plaid clamit be 
Androu Brus fra Jonet Leslie / and siclik the claym of ane russett cloik 
clamit be the said Jonet fra the said Androu it is ordanit by the prouest 
that bayth the saidis parteis preve the availl of thair clamis. 

Martein Slaitter vas decernit to pay to Allex r . Milln the sovm of 
ix s. for vi brok skynis. 

1544-5- 

January I2th. The quhilk day Johane Murray, officiar, past at the 
comand of the provest to ane ruid of land lyand on the southt syid of 

M 



8 2 RECORDS OF ELGIN. [1544-5- 

said burgh betuyx the landis of Marroun Rag on the vast and Archibald 
Stronoch on the est and thair rasit crd and stayne and presentit the 
samyn in jugcment at the instans of Sir Archibald Coventry, procurator 
for the haill cheplanis of the Chanonry Kirk of Murray for non pament 
of vis. annell zcirlie to the said cheplanis and this as the fcrd court 
befoir thir witnes Johanc Baldoun and Alex r . Murray. 

The quhilk day Johane Murray, officiar, past at the command of the 
provest to ane ruid of land pcrtenying to Androu Alves lyand on the 
sovtht syid of the said bru'. betuyx the land of Archbald Stronoch at the 
est and Mcrroun Rag at the vast and thair rasit erd and stane and 
presentit the samyn in jugcment at the instans of Sir Thomas Ruid, 
vicar pensionar of Elgin and collector to the haill cheplanis of the 
parochc kirk forsaid for non pament of vs. annell zeirlie to the said 
cheplanis, and this for the fyift court befoir thir witnes Allex'. Murray 
and Johnc Baldoun. 

March 1 2th. Sir Andrew Forstir, cheplande, maid Sir James Kar, 
chepland, Johane Zoung, zoungar [and others] his procuratoris [in an 
action against John Robertson]. 



1545- 

May nth. Compcrit anc honest, grave agit man, William Dowglas, 
cldar, and gaif in ane lamentabill complentt and petitioun in write beand 
oppinlye in jugement red, bcrand in effect that the said Williame hes 
benc of befoir anc honest, substantious gentleman and nychtbour and 
sum tymc bailze, provest and gyll brother off the said brugh, and had in 
guidis sufficientlie and honcstlie to sustene him quhilkis be the hand of 
God hed failzeitt and throch favor and delectation he hed to his son, 
Gawyne Douglas, resignit the maist partt of his heretage and landis 
. . . with reseruation of the frank tenement of the saidis tuo ruidis 
and ane half of landis and croftis to the said William Douglas for all the 
dayis of his lyftyme bot alsua to dispone the same in tyme of necessate 
gif the samyn happin to the said William Douglas . . . the said 
Gawyne Douglas in fraude, hurt and preiudece of the said William his 
fader without his consent maid ane alienation of the saidis landis and 
croftis to Master Thomas Hay without ony maner of respect to the said 






1 545-] BURGH COURT BOOK. 83 

William his faderis frank tenement . . . the said William Douglas 
besekand me, William Gaderar, provest of Elgin, to cays be warnit the 
saidis Gawyne Douglas and Master Thomas Hay befoir ane assise in 
termis of divers burrow lawis maid be kingis of Scotland [having power 
to dispone and sell the said lands and crofts for his sustentation in his 
great indigence. Master Thomas Hay appeared for himself but Gavin 
did not appear]. The assise (fifteen in number, including Peter Thomson 
" pursavant of Edinburgh ") deliuerit that the said William Dowglas was 
for the instant tyme cum in and fallin in gryt indigence and povertie 
nocht hawand na maner of mowable guidis to the avale of vs. to sustene 
him on and that his guids nocht put away nor dilapidat in the said 
Williamis defalt and thairfor that the said William Douglas be vertew 
off his gryt necessate and indigence oppinlye and manifestlie knawin to 
all his nychtboris off the said burgh and be the tenour and affect of the 
instrument of transumpt and lawis of Scotland producit and as was 
perfytle knawin to the said assise hes full power to sell and dispone his 
saidis tua ruidis and half ane ruide of landis and croftis for his neidfull 
sustentatioun be resoun that the franktenement of the saidis landis and 
croftis and profettis thairoff mycht nocht honestlye sustene the said 
William Dowglas and als becaus the said Master Thomas allegand 
interes to the saidis landis and croftis beand requyrit in jugement to 
sustene the said William Douglas in sobir maner refusit and thairfor it 
was fundin be the said assise lesum to the said William Douglas to sell 
and dispone apon the said landis and croftis. 

May 1 5th. Andro Mylln becom oblist as souerte for Thomas Erode 
of that ilk to releve the executoris of ane uinq 11 . noble Lord James Erlle 
of Murray, quhom God assolze, at the handis of Mathew Duncansoun of 
ane certane sovm of money left be the said wmq 11 . Eric in his testment to 
the said Mathew for the quhilk sovme William Hay of Mayn is becum 
souerte to pay the forsaid sovm to the said Thomas Erode of that Ilk 
. . . and siclik the said Andrew Mylln, souerte for the said Thomas 
Erode to deliuer ane brovne hors betuyx this day and viii hovris at evin 
of the xvi day of this instant moneth to ane noble Lade Elezabet 
Countes of Murray quhilk hors was takin be the said Mathew fra the 
said Lade. 

June ist. Alexander Falconer previs ane suord deliuerit be him was 
vorth xxv s. iiij d. 



84 RECORDS OF ELGIN. ['545- 

Andro Mylln as he that allegit him taxman (conform to taxation 
contenit in the kyngis actis) to the haill biging and land callit our Lady 
hous protestit in jugement for vi s. i d. ilk day that Alex r . Tailzour 
ramanis in the said land. 

The assise deliuerit that Androu Boneman as ayr to Edvart Boneman 
sail content and pay to Besse Kynnard the sovm of iii li. vsuall mone 
vnder this restrictioun that the said Besse sail suir the grete ayth and tua 
leill men in hir handis / quhilk men salbe considerit famous be the 
provest / that sche deliuerit the said sovm of iii li. to the said Edvart 
and hes nocht rasauit pament thairfor in ony sort bygane. 

June 5th. Alexander Milne becomes oblist to give a zeris tack of a 
buyth in our Lade heych hous for xiii s. 

June i6th. The relict of David Tailyour offerit to preve that sche 
hed certane zeris takis to cum of anc part of our Lade Heych hous qlk 
Andro Milln clemit to have tax of the same. 

The assise deliuerit that Margarat Hay wrangit in the oppin 
sclandering of Margratt Baffour sayand the said Margarat Baffour vas 
anc huyr and ane wyche and that sche zeid widersonnis about mennis 
hous sark alane and hir hayr abone hir eyne for wyche craft, for the 
quhilkis iniuriis and wrangis the said assise ordanis the said Margarat 
Hay sail mak the greit ayth that sche knavis nocht bott gud and honeste 
to the said Margrat Baffour and sail ask the said Margarat Baffouris 
forgifnes in jugement and gif sche beis fundin in tym to cum flytand or 
sayand sic iniurius vordis to ony persoun within this bru 1 . sche sail be 
utterlie secludit this bru 1 . and banist thairfra. 

Mr. Andro Strang, chaplane of the chaplanry of our Lade within the 
paroch kirk of this burgh claims certane croftis fra John Robertsoun 
Mr. Andro Strang maid Sir John Gibson and Sir Androu Vallace, 
chaplanis, his procuratoris in his action against John Robertson. 

July 6th. [As Lady Chaplain Mr. Andrew Strang owned three crofts] 
The assise find that John Robertson has done na wrang. 

July 24. The quhilk day Hcndre Wynchistir, James Gardyn, James 
Mychell, Robert Innes, William Adam, William Bolmanach and Gilbert 
Kemp war maid fremen and sueyr the ayth of fedelate as vse is, ilk 
persoun to pay the sovmes vndir writin respectiue James Gardin to ryid 
to the oist and to gett to support him . s., Hendre Vynchistir siclik, 
James Mychell to pay xl s., Robert Inncs xiii s. iiij d., William Adam 
xxvi s. viii d., William Bolmanach . s., Gilbert Kemp xx s. 



1 545-] BURGH COURT BOOK. 85 

September gth. The assise deliuerit be the movth of James Innes of 
Drany, chancier of the samyn, that James Murray and Thomas Wmffray 
respectiue wrangit in the outtaking, filing and hewing of the trein corce 
anent the Gray freris vynd of this burgh, that is to say, the said James 
for the outtaking and filing thairof and the said Thomas for the cutting 
and heving of the samyn, for the quhilkis the said James salbe put in ane 
pair of stokis during auch dais and auch nychis nyxt heireftir contegue 
with the said corce, and the said Thomas notwithstanding his absens to 
be punist quhov sovn he may be apprehendit in sembable maner. 

The assise deliuerit that Wyncent Robertsoun, Robert Murray, 
Thomas and Johne Clerak, Bleis Alves, James Murray, Thomas Vmfray 
and Alex 1 ". Eitlis wrangit in leving the rovm commandit to tham to vach 
be the baillie the last Sunday at evin, for the quhilk tha and ilk ane of 
tham sail ramayn within the tolboyth ay and quhill souerteis be fundin 
that thair vnlawis be payt vnforgevin. 

The assise deliuerit that Androu Allan wrangit in the maisterfull 
streking and bluid drawing with ane knyf of Robert Mawar, he being in 
the tovnschip seruice kepand the eist port, for the quhilkis the said 
Androu sail ramayn xlviii houris in the tolboyth and thaireftir be banist 
the burgh for zeir and day but ony remissioun. 

October I2th. Sir Archibald Chayne claims xvis. byrun anvell auch 
to him of the land of umq". Donald Grant quhilk landis lyis on the north 
syid of this burgh betuyx the landis of Jonet Reidheid at the est and the 
land of vmq 11 . Henre Murray at the vast extending fra the quenis hee 
gett at the sovth to the gctt gais to the chepell hill at the north. 

The quhilk day Alexander Sutherland, sovn and apperand ayir to 
vmq". Villiam Sutherland of Duffus, was maid burges and freman of the 
said bru 1 . be the consent of the haill communate present and sueyr the 
ayth of fedelate as vse is and pait v s. with ane purse quhilk vas gevin to 
big the vast port. 

The quhilk day thair vas assignit Munnunday viz. the xxv day of 
this instant moneth to the personis vnderwritin to produce thair evidentis 
of the landis vithin writin to be enterit for the samyn in the suyt roll that 
is to say William Hay for the land vas wmq 11 . Corsindais, Robert Murray 
for the Lade heych hous etc. 

John Watt pait xx s. to big the vast port on his entry to ane auchen 
part resignit be Thomas Gaderar, eldar. 



86 RECORDS OF ELGIN. [ 1 545-6. 

November i6th. [John Cowe bought an auchtane part for six merks 
from Agnes Robertson.] 

The haill tovn hes sett the haill tollis and schemill maill for thre zeiris 
nixt heireftir for twente four merkis vsuall money and tua stayn of 
tallovn zeirle. 

1545-6. 

January 2 1 st. George Cruksank, chepman, becom in the provestis 
will for the wrangus passing to Aberdein and cumming within this burgh 
hestele thairefter the said burgh of Aberdein beand inset with the pest 
the tym of the said George being thair / and thairefter the provest 
decernit for his will that the said George sail noder opin nor stek nor vse 
merchandece within this burgh for zeir and day. 

February /th. The assise deliuerit that Alexander Wynchester, elder, 
William Mylln and James Vatt sail gif Sir Thomas Rag his burd as tha 
begovid with him respectiue ay and quhill tha be deschargit be the 
consell of this bru 4 . and failzeand thairof sail pay him his resonable vagis 
thairfor / and siclik tha and every ane of thame sail pay quhat he vantis 
of tham bigayn be the greit ayth of the said Sir Thomas. 

February 25th. For the veill of Thomas Zoung, puber, Sir William 
Zoung, cheplan his fadyr brodyr for releve of part of cuyr of ane 
vencrabill fader in God Alexander preour of Pluschardin and for the 
veill of his brodir sovne accepit in jugement on him the offece of ane 
substitut to the said venerabill preor ellectit curator to the said Thomas 
in the said offece of curatore and vas sworn to the dew administratioun 
of the said offece. 

1546. 

March 29th. It is statut and ordanit be the haill tovne that in caiss 
that ony nychtbour leif his greschep land waist and ley than it sail be 
lesum to the nychtboris on ilk syid to labour the nerest half evesest 
(? ewest) to tham for that zeir without ony maill paying. 

May 4th. The heid burrow court of Elgin haldin be William Gaderar, 
eldar, provest, Dauid Harde, Androu Gaderar and Alexander Taillzour, 
baillies, within the tolboyth of the samyn the ferd day of Maii in the 
zeir of God I M . V c . and fourte sax zeiris. 



1546.] BURGH COURT BOOK. 87 

The quhilk day We, William Gaderar, eldar, provest of the said bru'., 
Andro Gaderar, Dauid Harde, Alexander Tailzour, and William Gaderar, 
zoungar, baillies of the samyn, with consent and assent and command of 
the haill consell and communate of the said bru'. for the vphald of the 
seruice of God to be dovne within the paroche kirk of the forsaid brugh 
hes conducit and be the tenour heirof conducis ane discreit man Sir 
Thomas Rage, chepland, for all the dais and termes of his lyvetym to 
say mes and sing devyn service within the said paroche kirke with the 
wtheris cheplanis and chorestouris in the said kirkc at all dais, houris and 
tymes he beis disposit thairto / and we, provest, baillies, consell and com- 
munate forsaidis for vs and our successouris in all tyme to cum during 
the said Sir Thomas lyvetym bindis and oblise vs and our successoris be 
the faythis and trwthis in our bodcis to content and pay to the said Sir 
Thomas Rag the sovm of sax merkis vsuall money of this realm at tua 
termis in the zeir viz. the tayn half thairof at Witsunday and the todcr 
half at Martimes in vyntir Togiddyr with his honest burd in auch nych- 
bouris hovsis or in fourteyne at the maist And attour we oblise vs and 
our successouris in caice ony cheplandry or seruice within the said 
paroche kirke attouris our paroche clerkschip happin to vaik throch the 
decese off ony possessour thairof beand at our presentatioun and gyft to 
gif the samyn to the said Sir Thomas and to present him thairto the said 
Sir Thomas oblisand him to the seruice aboyn writin and dischargand vs 
of his zeirlie fie and burd as said is and for the obserwing of the premisis 
we the forsaidis provest and baillies for vs and our successouris and in 
naym and behalf of the haill consell and communate of the said brugh 
hes subscrevit thir presentis with our handis and for the fulfilling of the 
part of the said Sir Thomas Rag he hes subscrevit the samyn siclik day 
zeir and plaice forsaidis befoir thir vitnes Sir James Kar, Alex r . Wyn- 
chistir, zoungar, Johane Pantoun, Sir Thomas Robertsoun and Thomas 
Trovp with wtheris divers to the subscriptionis, William Gaderar, provest, 
w 1 . my hand / Dauid Harde w 1 . my hand / Andro Gaderar w'. my hand / 
William Gaderar, zoungar, w 1 . my hand / Alexander Taillzour w'. my 
hand at the pen led be Sir James Kar, cheplane. 

Nomina assise : George, erle of Catness, William Sincler of Dunbeyth, 
James Innes in Luchars, Alex r . Strathbrok, James Sincler, Johne Thom- 
soun, zoungar, Alex r . Wynchester, eldar, Cutbert Cummyng, William 
Auldcorne, Johne Watt, William Douglas, Johne Bayne, Johne Murray, 
William Murray, Thomas Ayir. 



88 RECORDS OF ELGIN. 

[Said inquest served William Calder of Dune, nearest and lawful heir 
to his "guiddaym."] 

August 1 6th. The provest at the comand of the haill consell and 
communate present for the tym assignit ane rig quhilk was resingnit be 
Alex r . Vatsoun Hand in the north syd of the Callow Hill to Alex r . 
Malcom viz. the third of ane quartar achenpart. 

Thomas Beyn for the wrangus slaying of ane zoung swyn out of his 
shayth pertcnying to Johnc Crokatt for the quhilk the said Thomas sail 
pay to the said Johne four sillingis. 

October i ith. William Huchisoun, burges of Edinbrugh, is becum 
oblist and actit to deliucr to William Gaderar, eldar, provest of Elgin, 
and William Malcom, burges of the said brugh, coniunctlie betuyx the 
dait of this act and zovill nyxt to cum ane govne of gray satting and 
ane welvett bonet with certane goldin buttovnis proveding the said 
William Gaderar, provest, and William Malcome send to Edinbrug for 
the samyn ane writing to rasauc the saidis cleding with ane acquittans 
vpoun the rasait thairof vpoun the quhilkis the saidis William and 
William desirit actit in the court buikis of Elgin. 

November 8th. [For avoiding disturbance in taking poinds it is 
decreed that the handbell pass through the town charging all to come 
within twenty four hours to loose the poind, and if none come the officers 
to dispone the poinds.] 

It vas complenit be the haill craftismen of the skynner craft, fremen, 
vpoun the vnfremen of the said craft that tha occupeit thair fredome to 
thair vtter herschip, dcsirand remeid to be put thairto, the prouest, baillies 
and communate present hes commandit the officiaris to pas to the haill 
vnfremen of the said craft and put inhibitioun to tham to occupe the 
samyn ony fordyr / and gif tha or ony ane of tham vsis the said craft 
ordanit the officiaris to pas and eschett the stuff and vark tha find in 
thair possessioun as forstalleris and vsaris of the said craft without 
fredome and the guiddis eschetit to be deliuerit to Cutbert Gumming 
and Alex r . Wynchister, eldar, to be applyit to the vphald of the alter of 
the said craft vpoun the quhilk William Aldcorne, dekin of the said craft, 
desirit act of court. 

John Beyn grantit in jugement that he gef ane arill penne to Androu 
Mylln the half of ane schip quhilk lyis in Fyndorne for xxxii merkis. 

The quhilk day the assise deliuerit that John Bayne aucht and suld 



I546-7-] BURGH COURT BOOK. 89 

content and pay the sovm of threttie tua merkis vsuall money of this 
realm to Androu Mylln for the said Androus half of ane schip with hir 
geir lyand in Findorn, quhilk sovm of threttie tua merkis the said Johne 
grantit that he promest to the said Androu and gef him arlis thairupoun. 

The quhilk day the baillies commandit Sir Thomas Rag to desist fra 
ony fordir instructing of barm's few or mone in ony plaice in tym to cum 
hot that all tha he hed ma cum to the prencepall gramer schoill to be 
thechyt be the master admittit be the provest and baillies. 

[Alexander Sutherland, dean of Caithness, is tutor to Alexander 
Sutherland, son and heir to the deceased William Sutherland of Duffus.] 

James Innes vif and William Innes vif var decernit in ane amerch- 
ment for the wrangus breking the statutis makand candelis of les quantate 
na the ordinance of the burgh. 

John Bayn becum oblist to pay to Mr. Androu Strang, chepland of 
our Lade cheplandre within the paroche kirke of the said bru'. all 
annvellis that the said Mr. Androu will sueir that he is awand to him 
vpoun the quhilk the said Mr. Thomas Robertsoun, factour to the said 
Mr. Androu desirit act of court. 



I546-7- 

January loth. Sir James Douglas cnterit Alex r . Lochillis procurator 
for him in all besines within the burrow courtis of this burgh. 

Twiching the distans of viii s. annell cravit be Sir William Clerk, 
chepland of Sanct Duthacis cheplandry, within the chathedrall kirk of 
Murray, fra John Brovne zeirle of ane ruid of land pertinying to the 
saidis Johne and lyand on the sovth syid of this brugh betuyx the land 
of ane venerabill fadir in God, Alex 1 ., prcour of Pluscardin, at the est and 
the land of William Aldcorne at the vast / the decesioun of the said 
claym beand referrit be bayth the saidis parteis to the provest and baillies 
of the said brugh and thair assessoris / athir of the saidis parteis evidentis 
producit and red in jugement, It is decernit and decretit that the said 
Sir Villiam and his successoris, cheplandis of the said cheplandre hes just 
rycht to aucht sillingis annell zeirle of the said landis becaus it is cleirlie 
kend that the said Johnis evident is rasit and of octo maid quatuor. 

N 



go RECORDS OF ELGIN. [ 1 546-7- 

January i6th. Alex^. Williamsoun was decernit to pay to Jonett 
Ferquhar xxid. for aill, xxd. for ane lax, xxx for half ane firlat of meill 
and ane firlat malt. 

January 24th. John Bayn was decernit be decreit of court to content 
and pay to John Robertsoune the just availl of halfe ane siluer corse be 
the estimatioun of Walter Hay, goldsmyth. 

March 2 1st William Donaldsoun was fund in ane amerchiament 
for the wrangus forstalling of John Zoung, zoungar, in the bying of 
certanc salt hydis fra the barroun of Killracht quhilkis was calland to 
the said Johne for the quhilkis the said William salbe secludit fra all 
vsing or fremcnnis vse ay and quhill he vptein lecence at the haill com- 
munate of this bru'. 

Ferquhar Duncanson is decernit to deliuer to William Aldcorne 

viii sherling skynnis. 

[John Bayn compearcd as warned at the instance of Sir James Gowre, 
but Sir James not compcaring, John Bayn protested for his expenses.] 

1547- 

April 5th. Dauid Dunbar, sone to vmq 11 . Johne Dunbar in Banneth- 
feld, electit and chosit ane wcncrabill fader Allexander be the permission 
of God preour of Pluscharden and William Hay of Mayne his tutoris 
during his age of tutorc and fra the completing of the aige of tutore his 
curatoris ad litcs et negotia and the saidis venerabill fader and William 
Hay of Mayn hes maid the greit ayth on the haledovme to vse the saidis 
offices to the saidis Dauidis vtilate and profett ay and quhill thay be 
dischargit. 

April . Alex 1 ". Ros beand persewit be William Hay of Mayne for 
the wrangus cutting of certan grein woid out of the boge of Mayn / the 
said Alex r . grantit in jugement that he cuttit thwa startis to ane mylln 
quhyll and no mayr vpoun the quhilk the said William Hay desirit act 
of court. 

May and. Sir Donald Williamsoun presentit his infeftment vpoun 
the land he duellis in in the freyr vynd anent the cleym.of viiis. annell 
clemit be the blak freris. It was decernit that the said annell suld be 
pait to the said blak freris if any annell pertinyit to vmq 11 . Thomas 
Zoungis ayirs of any part of the landis contenit in the said evident. 



1 547-] BURGH COURT BOOK. $1 

May 26th. Sir Johne Annand hes wranguslie occupeit ane chalmer 
pertenying to Dauid Hardy in heretage lyand on the north syid of this 
burgh for the quhilk Sir Johne sail pay to the said Dauid zeirlie sen the 
said Dauidis sesing the sovm of xiii s. iiij d. and remov therfra in tym to 
cum. 

Thomas Brabuner clamit ane girdell fra Megot Robertsoun quha 
allegit that the girdell aucht to hyr vse. 

James Smyth was decernit in any amerchiament for the wrangus 
invading of William Smyth with ane geviling and calling of him gleit 
carle. 

June l6th. The quhilk day the haill consell hes thocht expedient 
and ordanit that Issobell Vilman sail remove this haill bru'. for all the 
dais of hir moder lyvetyme / becaus sche hes put sindre and diuers tymes 
handis in hir said moder and nov of lait hes myschevit hir in the faice. 

October 3rd. The heid burrow court of the brugh of Elgin haldin 
within the tolbovyt of the samyn be William Hay of Mayne and Maister 
Alexander Douglas, baillies, the third day of October the zeyr of God 
I M . V c . and xlvii zeris. 

Presentes et Elegentes. 

William Smith, James Pedder, William Gaderer, zoungar, Johne 
Murray, James Rob, William Adam, William Zoung, Martein Sclaitter, 
Johne Forsyth, William Tailzour, Robert Mavar, William Kay, Alex- 
ander Williamsoun, Ferquhar Duncansoun [and twenty-nine others]. 

The qlk day the haill communate hes electit and menit Sanct Geill 
thair patroun / provest for ane zeyr nyxt to cum. The qlk day the haill 
communate ellectit and chesit William Hay of Mayne, Mr. Alexander 
Douglas, William Gaderar, zounger, and Andro Myll, baillies for ane 
zeyr nyxt heyreftir and tha sworn to use the samyn justlie for the said 
spaice. 

[The council of this year consisted of the patron saint, four bailies 
and only eight other councillors.] 

The baillies, consell and haill communate of the brugh of Elgin hes 
statut and ordanit for certan greit ressonabill causis and considerationis 
moving tham and for the vmcheving of the apperand schayth and 
damagh of the haill commond veill of the said bru. that na fre man be 
maid be tham for the spaice of ane zeyr nyxt to cum accep burgess 



92 RECORDS OF ELGIN. [1547- 

eldest sonnis of the forsaid bru'. sail hef heretagh and habitatioun within 
the said bru'. and the haill communate ar sworn heyrto. 

The baillies, consell and haill communate of the said bru'. consid- 
derand the greit truble, schayth and inconvenientis quhilk hes hapint 
within the said burgh in tymes bygane and now instantlie apperis to 
happin / throch the veddovis in thair mareing within the forsaid burgh 
without consent and lecence of the provest, baillies and consell of the 
samyn, thairfor statutis and ordanis conform to the auld actis of this 
burgh maid of befoir that gif it hapins to ony vedov within the said 
burgh to marc without lecence of the provest, etc., in tyme to cum than 
and in that cais the said vedow handfastand or mereand incontinent sche 
sail tyne hir fredoum, commond land and takkis within the boundis of 
the said burgh, gif sche ony hes, eo facto, and salbe lesum to the provest, 
etc., to dispon thairupoun incontinent thaireftir as they sail think maist 
expedient and the haill communate ar sworn to observe the said act in 
all tyme to cum. 

October iith. Murrell Gowre was decernit to pay to Sir William 
Sutherland, pcrsoun of Moy, iiii s. for ane plaid. 

October i8th. The assise deliuerit that Andro Skabertmakar 
wrangit in the drawing of ane quhinger to Master Alex r . Douglas, 
baillie, in the executione of his said office and dowme gevin thairupoun. 

The assise deliuerit that Androv Cove, alias Skabertmakar, hes 
wrangit in the vssing of fredome within this bro'. and specialle in bying, 
selling of rocht hyidis and barket ledder and als forstallis the nychboris 
of the said bru 1 . in vsing the samyn and dovm gevin thairupoun. 

The assise deliuerit that Master Alexander Douglas wrangit in the 
drawing of ane knyff to Andrew Cowe, schabertmakar. 

October 24th. Forsamekill as Johne Tailzour persevit Katerin Ros 
spovs to wmq". Johne Zoung, zoungar, and Nanis Kyill spovs to umq 11 . 
Cutbert Cuming for his expensis maid to him in passing to the last ost as 
he that was the said John and Cutbertis caraghman the assise deliuerit 
that Katerin Ros sail content and pay x s. to the said Johne Tailzour and 
findis the forsaid Nanis Kyill acquit of his claym. 

November aist It is statut and ordanit that gif ony freman or fre 
woman being wedow ramayn zeir and day out of this burgh and giff na 
habitatioun within the samyn that the forsaid man or woman sail tyn 
thair fredovm and comond landis and takis of the said burgh gif tha ony 



I547-8-] BURGH COURT BOOK. 93 

hef perpetuall and that it salbe lesum to the communate to depoune 
upon the samyn. 

William Hay of Mayne, baillie, assignit at the command of the haill 
communate ane of the auchtene partis wes Androu Gaderaris lyand in 
the Bleyrmyir to Thomas Gaderar [and another to John Innes. Entry 
money, 20 s.]. 

December ipth. The assise decernit that John Forsyth and Alexander 
Wynchester, elder, aucht and suld releve the spouse of umquhill Alexander 
Wynchester, zoungar, of the price of the tua thirdis of ane meyr quhilk 
buyr the saidis John and Alexander Wynchester elder carrache to the 
oist of Pyncycluytht ilk ane of them respectiue at the handis of Johne 
Davidsoun and William Smyth. 



'547-8. 

January gih. Comperit George Chayne and producit ane legittima- 
tioun [from Queen Mary, whereby "damus et concedimus dilecto nostro 
Georgio Chayne, bastardo filio natural! domini Archibald! Chayne, 
capellani " full power and liberty to dispone all his lands and goods, 
notwithstanding of his bastardy]. 

January 23rd. Alex r . Etlis was decernit to pay to Thomas Gardin 
iij s. x d. for ane brok skyn. Sande Duff was decernit to deliuer a plaid 
to John Baxstair als guid as quhen he gatt it providing the said Johne 
deliuer xviiid. to the said Sanders. The assise dcliuerit that William 
Pedder is acquit of the clame of ane earache meyr clamit be Johne 
Forsyth quhilkis was tint at the raid of Penkyclutht. The assise deliuerit 
that Ibbot Clerk, spous to vmq 11 . A r . Tailzour, sail content and pay to 
William Donaldsoun the sovm of vs. for the expensis maid vpoun hir 
horse cumand fra the oist of Pynkeclutht. 

February 2Oth. William Vardan was decernit to releve Ebbe Clerk 
of the ta halff of the fe of the caraghe horse that zeid to Pinkycluytht. 



1548. 

April Qth. [Alex r . Kyncorn made Sir Thomas Rag and Gilbert Kemp 
his procurators]. 



94 RECORDS OF ELGIN. 

April 1 6th. The assise decernit all the cordinaris vnfremen within 
this burgh be closit fra using of that craft providing that the fremen staik 
the tovn and cuntre with stuiff on ane ressonable price and siclik decernis 
the saidis vnfremen in ane amerchiament for thair vsing of fredom in 
tym bygane. 

The assise deliuerit that all the vnfre merchandis and chepmen within 
this burgh be closit fra vsing of merchandece and fredome in tym to cum 
accep on Weclinsday, Setterday, and utheris mercat dais. 

The assise deliuerit that the haill skynneris vnfremen within this bru 1 . 
be closin fra all occupatioun of thair craft and vseing of fredom in tyme 
to cum bot that tha serwe fremen vnder the pane of law. 

Mangnus Chalmer vas decernit in ane amerchiament for the wrangus 
leving of his masteris scruice William Innes and sail ramane as lang 
behind the nyxt terme as he has bein avay fra his seruice. 

April 23rd. The assise decernit that Janet Annan wrangit in the 
feing of Andro Millis servand contrar the auld actis of this burgh. The 
assise decernit that Amiable Stuart audit and suld deliuer ane trein kyst 
and ane trein quart to William Innes. 

November i3th. Court haldin be Mr. Alexander Douglas and John 
Robertson, balzeis. 

Dewelegreine ane quarter sett to William Hay of Mayne, prouest, 
quhilk quarter William Gaderar hadde, ane quarter to Master Alexander 
Douglas quhilk pcrtenit to Andro Gaderar, ane quarter betuyx Johne 
Robertsoun and Andro Mill and ane quarter betuix Alexander William- 
son and Thome Air. 

Mostowy set to William Gaderar and Thome Zoung. 

The tollis and the skemmill maill ane half to James Michell, ane 
quarter to William Wardene, ane quarter betuix James Peddar and 
Thomas Kar. 

The Spittall croft the thred part to Andro Gibsoun and the remanent 
to William Auldcorne. 

Glasgrene to William Auldcorne and Thomas Ayir for v zeris. 

Commound acker to John Forsyth. 

The buttis of the Palmerfuird to Robbe Maver and William Adam. 

The commound annellis to William Zoung and James Peddar. 

Balzie feild sett to Wille Murray with consent of the haill toun. 

The buthis under the tolbuith for xvii s. ilk zeir. 



1548-9-] BURGH COURT BOOK. 95 

Croft Cry to Thome Zoung and the wedow. 

Sanct Kethereinis croft to William Gaderar. 

December I2th. The assise banish Robbe Davidson and Robbe 
Walter for certane crymes out of this burgh be the space of ane zeir 
and day. 

December I7th. William Zoung confessit he borrowit ane twa handit 
sword quhilk was stollin fra him and was decernit to pay for the samyn 
xxij s. 

Na flesher sail sell hyd or skyn or talloun to ony unfreman under the 
paine of escheting of it. 

1548-9. 

January 2ist. Sir William Hume, cheplane, protests that his and his 
successoris ryt be not injured in entering John Cuming pupil in Sanct 
Ninianis land. 

February i8th. Sande Cathnes was decernit to pay to Thomas Kar 
four schilling for ane bullax. 

February 25th. [An inquest finds] Johne McWilliam McAlbin ncrest 
air to his fader broder Sir Donald Williamsoun chepland within the 
Cathedrall kirk, quhairupoun Sir John Gibsoun protestit in name of 
Master Johne Leslie persoun of Ryne and tutor of Johne Williamsone 
that this serving be no prejudice to the said John. 



1549- 

April 29th. The Pasche Heid Curt of Elgin haldin within the 
tolboyth of the samyn be William Haye of Mayne, provest, Johne 
Robertsoun and Jhone Forsyth, bailzeis. Absentes : Sir Tyberius 
Winchester, Mr. William Gordoun, Megett Auldcorne, Sir Johne William- 
soun, William Sutherland of Duffus, Mr. Alex r . Dunbar, dene of Murray, 
Sanct Duthokis chepland, Our Lady cheplan, the Erll of Murraye, the 
Rude chepland of Elgin, the Prior of Blak Freris, the Abbot of Arbrothe, 
Sir Andro Froster, Robert Innes of Rothmakenzie, Agnes Kyill adiudicat 
for thair absence. Sir Thomas Rynd, viccar pensionar of Elgin protestit 
that the entering of James Peddar in the suitt roll of ane rude of land 



96 RECORDS OF ELGIN. [1549- 

Hand betuix the land of Johne Baldoun at the north and the land of 
William Malcome at the sowthe hurt not his rycht nor his successoris 
becaus he was in use of pament zeirle of twa schillingis quhilk was not 
spccifeit in his charter as aucht to have beine and protestit for tyme 
and place. 

The counsall fand that James Watt suld labour and occupye the 
takke of Lipperland quhilk he has of Helene Murraye, relict of umq 11 . 
Jhone Watt, for this instant zeir and na langar. 

May 6th. The provest, bailzeis, counsall and communate for vmschew- 
ing of the apperand inconvenientis to the airis of the burgessis of this 
bur 1 , throch thair non age and deceis of thair faderis quhilkis has or 
happynis to haue auchtane partis within the said bru 1 . so now [it is 
ordained that the eldest son and heir of any burgess at his father's decease 
be made freeman and get assignation of the father's auchtane parts paying 
use and wont of whatever age the heir happens to be, his curator dwelling 
in the burgh to be surety to walk, ward, scott, lott, tax and stent for the 
said auchtane parts]. 

May 1 2th. [William Hardy, son and heir to the deceased David 
Hardy, burgess, was made freeman, and paid 5s., which] was warit at the 
command of William Hay of Mayne, provest, to Alexander Lillie, 
mcnstrall to my Lord Abbot, and the provest and communate made 
assignation to the said William of the twa auchtane partis qlk was his 
umquhill faderis and paid fourty schillingis for his entres which was given 
at command of the provest to Alexander Williamson, lord abbot, to be 
spendit at his pastyme. 

May 23rd. It was statut be the haill communate that quhatsumever 
persoun was apprehendit wandoand come in the hie gett suld paye aucht 
schillingis. 

May 27th. Androv Mill was in ane amerchiament for the wrangus 
breking of ane common firlot and for the wrangus calling of the mettis 
of the burgh tubbis in the commond markatt. 

September 3Oth. The heid burrow court of the burgh of Elgin 
haldin within the tolbouyt of the sainyn be William Hay of Main, 
provest, Maister Alexander Douglas, Thomas Gaderar, Johne Robertsoun 
and John Forsyth, baillies, the last day of September the zeir of God 
I M . V c . and xlix zeiris, the quhilk day the suittis callit and the court 
lauchfullie effermit. 



1 549-] BURGH COURT BOOK. 97 

Alexander Douglas, John Innes, zoungar, Thomas Gaderar and 
Johne Forsyth electit baillies be the haill communate for ane zeir. 
Androu Gibsoun [and three others] electit officiaris for ane zeir. 

October 3rd. Alexander Innes of that ilk was maid freman and 
burges of this burgh be the baillies with consent of the haill communate 
and maid his ayth in jugement thairupoun as use is and payit to the 
baillies tua crovne of the soun upon the quhilk the said Alexander Innes 
desirit act of court. 

Alexander Innes of that ilk electit provest for ane zeir. 

October 8th. The Comound Consell : 

The provest, the foure baillies, the lard of Innermarky, the lard of 
Mayne, Alexander Williamsoun, William Aldcorne, Robert Innes, John 
Robertsoune, Thomas Ayir, William Gaderar, Alexander Wynchester, 
James Mychell, James Gardin. 

It is ordanit that the tua d. leif contein xvi unce. It is ordanit that 
the galloune of aill be sauld for xxd. the best, and var to be sett by 
cunstaris as it is availl. 

William Alcorne and Alexander Williamsoun electit thesaureris of 
the comound geir of this burgh for this nyxt zeir. 

William Mylln [and seven others] electit cunstaris, Alexander Wyn- 
chester [and five others] electit prisers of flesche. 

It is ordanit that the actis of parliament and this burgh be put to 
executioun anent the talloun. 

It is ordanit that the flesche mercate be kepit upoun Satterday and 
ony that sellis on Sunday to be eschett. 

It is ordanit that na fysche be housit nocht bandit under the payn of 
escheting. 

It is ordanit that the quhit candill contene in lentht xiiii incht for 
ane d. and of the auld depnes and the tua d. candill conforme thairto. 

It is ordanit that the best horse corne be sauld for viid. and lakar 
for vi d. 

It is ordanit that thair be thre new firlottis and four pectis and tha to 
be nov considderit be the consell and maid vpoun ane competent mesour. 

It is statut and ordanit for the outhalding of the vattir that ilk 
pcrsoun that hes auchenpartis within this burgh mak als mone crelis as 
tha heff auchenpartis and fill the samyn with stanis. 

It is statut and ordanit that na persoun cut or peill ony of the 

O 



9 8 RECORDS OF ELGIN. [lS49- 

Sanquary in tyme to cum and quha beis conuict to pay xl s. and all the 
nychtboris to be sworin to keip the samyn / and to tell gif tha se or 
gettis woird quha cuttis or pelis the samyn / and quha apprehendis ony 
with the said void to heff ii s. of the comond guid and the cuttaris wapin 
that tha cut with. 

Androv Govre was decernit to pay foure pundis ten sillingis for ane 
bcrral of salmound. 

It is statut and orclanit that the actis and letteris maid upoun barkit 
leddyr be put with all regour to execution in tyme cuming be the baillies 
and specialie upoun unfrcmen. 

John Innes, elder, Maister Alexander Cuming, William Hay, son to 
Sir Thomas Hay, James Geratyne, James Innes and Alexander Dunbar 
war maid fremen and burgessis of this burgh for quhilk tha pait in all 
vili. ii s. vi d. [from IDS. to 45s. each]. 

October Qth. The quhilk day the baillies with consent of the haill 
communatc hes reconsalit William Vardan to his fredoum and rasauit 
him burgcs and nychtbour to tham lik as he was the the first tym of his 
creatioun notwithstanding ony proces or actis maid in tymes bypast for 
the quhilk the said William sail pay halff anc stan of wax at Zouill that 
nyxt cumis. 

Charles Gray vas decernit be the assise to mak pament of the haill 
stok and vynning of thre dussan of Sutherland irin to Archibald Watt. 

The assise deliucrit that Archibald Watt aucht and suld mak pament 
of the haill stok and vennyng of tuenty aucht ellnis and ane halff of 
quhit lynyngis Ros claytht to Charles Gray. 

James Gardin was decernit be the consell of this burgh for the offends 
maid to Gilbert Kempt, officiar, to ask the said Gilbert forgiffnes and the 
baillies and pay halff ane stain of wax at Zouill that nyxt cumis. 

November 4th. The assise deliuerit be the moutht of Alex r . William- 
sone, chanclar of the samyn, that Thomas Ayir wrangit in the blasfemyng 
of Jhone Gadderar, cldar, in Manbenis, calland him auld pikar theyf carll 
ye suld staupe him in ane peit pot and sail sit dovne apone his kneis in 
jugement quhair he said the saidis vordis and suere the grit aitht that he 
knawis nathing bot lawte and honeste on the said Johne Gaderar and 
ask him forgifnes. 

The assise deliuerit that Cristen Grant wrangit in the cuming in 
Cristen Langis ovin house and streking of hir and draving bluid of hir 



1 549-] BURGH COURT BOOK. 99 

and sail pay the said Cristen Lang iii s. for ane mendis and geff evyr 
sche dois sic ane fait in tymes to cum to be banist this burgh perpetuall. 

The names of tham that are convic be the assis for ij s. ayll and ill 
breid : Ellene Mortimar, Muerell Govre, govdelokis, Maister Alexander 
Douglas [and fourteen others]. 

November 8th. James Gaderar, soune and ayir to umquhill Thomas 
Gaderar, yr., creat burges and freman and pait v s. as use is. 

November i8th. John Moyr was decernit to content and pay to 
Cristen Watt fyve firlottis aittis for the schayth she sustenit throch non- 
keping of his nychborheid to her and sail pay all schaythis shaw sustenis 
throch him in tyme cuming. 

Mareoun Duff was decernit to content and pay to William Adam 
aucht s. money, ane pair of nev schoin, ane ellen of hardin for ane halff 
zeris fe becaus sche refusit to pas to the said Williamis seruice as sche 
that was his servand. 

November 29th. The quhilk day the provest, baillies, consell and hail 
communate hes decernit ordainit and decrctit that Elezabeth Buetht spous 
to umquhill Alexander Wynchester, zoungar, and the said umquhill 
Alexanderis lauchfull barne hes just titill and rycht to v zeris tak of ane 
quartar of Duveligrein nyxt and immediat folloving the said umquhill 
Alexanderis deceis in Pynkyclucht conforme to the act maicl at Morton- 
hall anent the wiffis and barnis of tham that was slayne at Pynkyclucht 
the saidis personis findand souerte for the auld rist and malis in tyme 
coming and afoir the entres to mak pament of the auld rist and instantlie 
William Gadderar becoum souerte for the restis and malis. 

[Similarly] Ibbot Clerk, spous to Robert Innes, and the lauchfull barnis 
of umquhill Alexander Tailzeour hes iust titill and rycht to v zeirs tak 
of ane auchene part of Duveligrein nyxt following the said Alexanderis 
deceis at Penkycluytht [William Hay of Mayne, surety]. 

December 2nd. The quhilk day Alexander Watsoun grantit that he 
rasauit ane stik of russett clayth fra ane man of Forfair on Andersmes 
evyn. 

Henre Bege consentis to pay to Elezabet Berneth the soum of xxiiij s. 
for ane zeris annell of the hous he duellis into. Mareoun Begis vas 
decernit be decreit of court to deliuer ane irn pot to William Hossack 
providing the said William pay ix s. to the said Marioun afoir the rasait 
of the said pott and dowm gevin thairupoun. 



IOO 



RECORDS OF ELGIN. ['549-50- 



Robert Innes, zounger, was decernit to pay iii s. for the wrangus 
streking and schedding of William Barrounis bluid. 

Martein Slaitter was decernit to deliuer ane tartan plaid to William 
Adam or the just availl. 

December 1 6th. The haill consell hes statut that the tua pennie leiff 
contein xiiij uncis in tyme cunning. 

The provest, baillies, consell and comunate hes statut and ordanit that 
na personis pas to the mos with crelis and gif ony dois thair crelis and 
clais to be eschet to the officiar that takis tham and the persoun that beis 
fundin sua to stand xxiiij houris in the govis, provyding alvais that tha 
that hes pettis in the mos tak ane officiar with tham and care tham away 
upoun horsbak. 



1549-50. 

January i3th. William Zoung, curator to David Zoung, protestis for 
the termcs annuell of the landis of wmquhill Sir Donald Williamsoun 
bigane in name and behalf of the said Dauid. 

January 22nd. It is statut that na persoun that duellis within this 
burgh pass to the seis and cage fysche under the payn of escheting to 
this burgh. 

January 27th. The assise deliuerit that Sir William Tailzour was 
ncrest ayir to his vvmq 11 . fader Alexander Tailzour of a ruid of land and 
ane quartar lyand on the northt syid of this burgh. 

Androv Mylln renuncit all titill that he hes of Androv Flemyng of 
ane taill of land lyand on the north syid of the said burgh betuyx the 
land of James Robe at the vast and the comound venell at the est fra the 
stank at the sovtht to the borrovbriggis at the northt. 

March 3rd. The assise deliuerit that Thomes Russell wrangit in 
streking of the bailze, Thomas Gaderar, within the tolboyth minnistrand 
the quenis servis and is in ane amerchiament for the samyn as vas giffen 
for dowme. 

Maister Alex r . Cuming and Thomas Innes are cum in law borrowis 
for Thomas Russell that the said Thomas Gadderar and the haill 
inhabitantis of the said burgh be harmles and skaytles of him in all 
tymes cuming. 



1549-5-] BURGH COURT BOOK. IOI 

The quhilk day Thomas Russell is cum in vill in jugement for the 
vrangus trubiling and cuttyng of ane mantill beand about Thomas 
Gadderar the bailzeis dochter gangand hir lesum busenes vnder the cloud 
of the nycht and for the rifying of hir kirtill and for the bostyne to cut 
her lovg the said tyme. Maister Alex r . Cuming is cum in souerte to the 
bailzeis to paye the wrang. 

March 2oth. The provest and haill communate hes ordanit that ane 
chartour be maid be tham to . Forsyth, smyth, vpoun ane ruid of land 
lyand on the northt syid of the bru'. nyxt the vast dyik at the vast port 
of the said burgh for ii s. annell to be paid zeirlie to the comound purse 
of the said burgh. 

Andrew Mylln accusit for the wrangus bying of fresche keling at the 
see syid within the previlegse of this burgh and paking and peling thairof 
contrar the actis of Parliament. 



1550. 

March 3ist. Alexander Sovter was decernit to pay to James 
Sutherland the sovm of sax li. betuix this and the senze of Murray. 

April 2nd. The provest, baillies, consell and haill comunate present 
for the tym hes grantit and gevin to William Levinestoun the bell 
comound of this burgh callit the hand bell with all and sundre proffettis, 
commodatiis and pertinentis pertenying to the said bell and offece 
thairof for all the dais and zeris of the said Williamis lyfteme the said 
William makand and doand sic service and profett to the comunate 
during his lyfteme as his fadyr James Levingstoun doid and dois for the 
samyn provyding that the said James bruik the said bell and profettis 
thairof for his lyvtyme upoun the quhilkis the said William Levestoun 
desirit act of court. 

April 2ist. Court haldin be James Innes and Thomas Gaderar, 
baillies. Gilbert Kemp, officiar unlawit. Gelis Scott oblist him fayth- 
fullie to content and pay to Johanne Woid ij firlottis beir. Janet Hay of 
hir awin freewill grantit in jugement that she aucht to hald up the hous 
that Jherome Schynnar duellis in in wallis, tymer and thek for all the 
dais of hir lyff als guid as it was the tyme that wmquhill Sir Thomas 
Hay deit. 



IO2 



RECORDS OF ELGIN. [155. 



Forsamekle as Androwe Mylln allegit and said that he vald not 
admitt the baillies of this burgh juges to him the baillies offerit tham 
redy to be declinit, the said Androwe allegand or proponand ony just or 
ressonable exceptioun to declyne tham according to the laws. [The 
action was between] Andrew Mylln and William Alcorne anent the 
heretable right of ane taill of land on the north side of the burgh betwixt 
the lands of the commond venell at the est part and the lands of James 
Rob at the wast extending linalie fra the bak stank at the south to the 
burrow briggis at the northt. [Andrew refused to produce his rights ; 
Alcorne produced an instrument of sasine of date i8th February, 1549, 
under the seal of Thomas Gaderar, bailie. Decree was given in favour 
of Alcorne.] 

The assise deliuerit be the moutht of Alexander Williamsoun, chancier 
of the samyn, that Andrew Mylln aucht and suld deliuer, content and 
pay to Thomas Kair the soume of ten sillingis for ten apill treis quhilk 
he rasauit fra the said Thomas. 

May i2th. Angnes Robertsoun persewit Johne Innes, sonne to 
vmq". Robert Innes of Ratmakenze for the sovme of twenty merkis 
money and ten firlottis victuall for hir lyfrent of the heychous in the gray 
frer vynd quhilk sovm and victuall the said Johne Innes denyit. The 
jugis decrctit that the said Angnes failzed in hir preyf. 

Sir Johne Chanvall producit ane instrument of sesing maid to him be 
wmqll. James Sclatter. 

The baillies with consent of the haill toneschip hes statut and 
ordanit for eschewing of the greit eting of corne quhilk is abill to be 
the harschip of this haill burgh that thair be ane club passand throch the 
toune and twa nychtboris that hes land to kep ane day ilk twa aboutt 
and ilk best that beis fundin in the corne to pay iiii d. and ilk schallow of 
scheip xii d. to be pait to the pundoris or to the awnaris takaris of the 
said guiddis and the testificatioun of the taking of the guiddis to be 
rafarrit in the aytht of the takaris and it salbe lesum to the takaris to 
pund the haill guiddis or ane best of the schallaw or ellis the keparis 
clays and failzeand of ony of the premisis the officiaris to pas to the hous 
of the awnaris of the guiddis and deliuer ane pund to the takaris. 

June 2nd. Johanne Bayne become oblist to John Dow to deliuer 
alevin pair of goldin hornis to Archibald Campbell of Caldour at his 
nyxt beine in this burgh. 



1 5 SO.] BURGH COURT BOOK. 103 

Thomas Chalmer was decernit to content and pay to James Pringill 
vi s. vi d. of the rist of ane halff boll of malt. 

The baillies decernit that William Zoung sail pay to Elspet Gaderar 
ij firlottis ij halffdyschis of quhit. 

Johane Inglis persevit Alex r . Wynchister as he that feit him to his 
brother Sir Thiberius Vynchister to heff enterit at this Witsunday and 
refusit his seruice quhilk feing the said Alexander confessit and incon- 
tinent the baillies be the consultatioun of the nychboris decernit the said 
Alex r . to caus him be rasauit in seruice conforme to his conditioun and 
failzeand thairof sail pay him his haill fee togiddyr with viii d. ilk day he 
offeris his seruice to him quhill the ische of his terme. 

June i6th. Alexander Hardy was convict for the wrangus deforsing 
of Thomas Kar in the taking of ane pott fra him and sail ramain iiij dais 
in the tolbouyth. 

The assise [fifteen in number] ilk ane of them sworne on halie evangyl. 

June 23rd. The assise deliuerit that Margarat Froster wrangit in the 
calling of Angnes Baldoun comond theiff and that schew stall ane velvet 
coler and hard hir selff cursit for the samyn for the quhilk the said 
Margarat sail stand in the tolboytht quhill sax houris at evin. Alex r . 
Gib was ordanit to content and pay to James Vardan thre sillingis mone. 

July 2 ist. Sir John Gibsoun is procurator for Cristen Dick. 

October 6th. Heid burrow court Alexander Innes of that ilk electit 
provest. [The number of the Council in all is sixteen, consisting inter 
alios of the lairds of Invermarkie and Mayne]. The quhilk day the haill 
consall and comunate hes electit and chosin William Gaderar and Johne 
Annand commond clerkis for ane zeir. It is statut and ordanit that na 
derar aill be sauld within the boundis of this burgh nor xx d. the gallown 
the best. The prowest of his auctorate of prowestre and luftennent 
deputrie has commandit and ordanit that na persoun within the boundis 
of his office rafuse for merchandece or ony vther wys in tyme to cum 
sowsis that pass nocht throch the ring and mesour. 

October 2oth. Forsamekle as our souerane Lade the quenis graice 
breve impetrat be William Cruksank brother sovne to umq 11 . Sir Cristofer 
Cruksank vas lauchfulle proclamit to be servit befoir the baillies of this 
burgh and his petitioun maid vpon ane ruid of land lyand on the swtht 
syid of this burgh and na persoun opponand contrar the said breve 
proclamatioun and indorsatioun of the samyn the said petitioun the jugis 



104 



RECORDS OF ELGIN. [l55- 



nor assise nor evidentis producit to that effect tha and ilk ane of tham 
protestit solemple that tha suld incur na danger of arrour. 

October 26th. It is statut and ordanit that the tua penne leif of guid 
and fair stuff contene in vecht xiiij vncis and the ane penne leif vii vncis 
stuf siclik and quha that brekis this present act to pay vii s. of vnlaw and 
the awnar of the ovin to be closit fra that office induring the prouest and 
consellis will and viii s. vnlaw the awnar of the stuff brekaris of this 
secludit fra bayking for ane zeir. And that no penne kaykis be baiking 
to sell within this bru 1 . vnder the payne of deling of the breid and meill 
boycht to that effect and viii s. vnlaw. 

It is ordanit that na persoun sell derar aill nor xx d. the galloun of 
the best and secundar to be sauld be the consideratioun of the sworn 
cunstaris under the payne of viii s. unlaw and deling of the haill aill beis 
fund in the disobears possessioun. It is statut and ordanit that the penie 
candill contene in lenth xiiij inch by the lenth of ane beir corne in depnes 
and siclik the halpenne candill the tua penne candill conforme to the 
lentht and depnes forsaid under the payn of deling of the stuff and 
viii s. unlaw. And it sail be lesum to ony persoun to by talloun within 
the burgh for viii s. the stane to mak candill thairof for the serving of the 
Quenis legis. 

It is statut and ordanit that the act of Parliament maid anent selling 
of flesche and fysche be umquhill King James the fyft be put to execu- 
tioun and that na persoun fre or unfre sell ony barkit ledder outwith this 
burgh under quhatsumevyr cullour or ingyne. 

It is statut and ordanit that all comound stableris within this burgh 
hef redy stray and corne to sell to our souerane Ladeis liegis and that tha 
sell na derar nor viii d. the pect of aittis under the payne of viii s. vnlaw. 

That na persoune, fre nor unfre, skynnar nor merchand, pull woll 
skynnes in tyme cuming under the payne of escheting of the said skynnis 
and woll that beis pullit bot it salbe lesum to fre merchandis and uther 
fre nychtboris to use the said vollit skynnis in lesum merchandice as 
stapill guiddis and no uther wais, and attour it salbe lesum to skynneris 
to pull samone voll skynnis as will staik tham to mak vark of within 
thair bothis and nocht to be coveringis of quhit leddyr and quhat quhit 
leddir tha mak that tha sell the samyn to fremen. 

Item for eschewing of incomodatiis quhilkis occurris within this burgh 
throch housing of vitualis quhilk suld be patent in mercat and mercat 



1 5 SO.] BURGH COURT BOOK. IOS 

places and not in secret housis absentit fra the Quern's graice liegis it is 
statut and ordanit that na persoun within this burgh hous victuallis that 
suld be sauld in mercat on mercat dais nor betuyx mercat dais under the 
payne of saxtene s. and gif ony wald keip victellis fra ane mercat day to 
ane uther it salbe lesum to them to put the samyn in ane hous under the 
tolbouyt which salbe redy to all men fre. 

Item that the baillies call the chaplanis of the kirk and put ordour to 
tham anent the uphalding of Goddis seruice and that thay tabill certane 
honest men for gadering of Sanct Gelis lycht. 

Item that na persoun hald thair guidding upoun the gett langar nor 
the space of thre dais under the payne of viii s. and that every persounc 
red thair chanellis within the said spaice under payne siclik. 

October 3ist. The provest hesassignit the sevintene day of Noucmber 
nyxt to cum to Johne Robertsoun to compeir befoir him to ansuer at the 
instance of the preour of Pluscarden and convent of the samyn thwyching 
thair clame of xvi s. zeirlie annell of certane croftis allegit perteinying to 
the said Johne and ilk parte to heff the just defens to the effect forsaicl. 

It is ordanit that ilk persoun red the venellis within audit dais. Isobell 
Grant is in the provestis vill for deforcing of the officiar. The prouest, 
baillies, consell and haill communate hes licent the unfremen merchantis 
during thair will to use merchandece as thay heff doun in tymes bygane 
quhill the xx day of Zouill nyxt to cum and quha that desyres not thair 
fredom and beis abill thairto betuyx this and than to heff fredom furth 
bot the tua mercat dais in the oik allanerlic. 

The provest and baillies hes ordanit that the personis that was 
ordanit of befoir to gif Sir Thomas Rag and Sir Thomas Robertson thair 
burdis do the samyn in tyme to cum and quha dois nocht the samyn the 
officiaris pas and pund the saidis personis failand for xvi d. ilk day and 
deliuer the samyn to the saidis cheplanis. 

The quhilk day the provest, baillies, consell and communate hes gevin 
and grantit to Maister John Lowis, master of the grammer schoill of this 
burgh, the soume of fourty s. at Martinmes nyxt cumis and utheris 
forty s. at Vitsonday thairefter and siclik xl s. at Mertimes thaircfter for 
teching of the said schoill out of the comound purse of this burgh. 

November 4th. William Donaldsoun ordanit to pay to Thomas Tait 
for ilk boll malt he resauit fra him xxiiij s. 

The provest etc. for stanching of tullyonis in tyme cuming hes statut 

P 



106 RECORDS OF ELGIN. [155- 

and ordanit that that burges that beis convict for tuilze sail pay for the 
first tuilze viii s. and for the nyxt tuilze xl s. and tHe third tuilze fremen 
to tyne thair frcdoum unfremen to be banist. 

The quhilk day Johne Brabuncr was decernit be decreit of court to 
wyrk on ane \vob of Janet Cragys of xxviii elnis -of quhit plading 
incontinent for the quhilk he salbe payit be the sycht of four personis of 
the brabuncr craft. 

November iSth. The provest, baillies and consell hes ordanit to gif 
xl s. zcirlic to Sir Thomas Robcrtsoun in tymc to cum. 

Androv Milln protcstit in jugcmcnt that forsamckle as he hcd cuyr of 
Androv Maltman in kcping of him in the tolbooytht and mycht not keip 
him langar thairfor he dischargis him of ony forther kcping of him 
oppinly in jugcmcnt and qnhat inconvenient cumis in tymes cuming 
throch his passing that it will not be to his hurt. [Maltman was 
imprisoned for debt.] 

December pth. The assise [fifteen in number] deliuerit that Arche 
Soutar [and five others] auch to be cnterit lauborcrs within thair awin 
buikis at the cordinar craft q". Askucdinsday nyxt to cum for the comoun 
weill of the cuntre / the dckin and fremen of the said craft being 
(Psatesfeit) be the awyis of the baillies as wse is and attour ordanis that 
Johne Lesk [and five others] serve maistcris fremen within the said burgh 
and halcl nocht buthis of thair awin vndcr the payn of escheting of the 
guidis thay wirk for the tyme to be tayne be the dekin of the craft to the 
reparatioun of thair altar and the said personis to heff fra fremen for the 
lauboring of ane hyd rcdy to the scheping xiiij d. Item for the scheving 
of ane pair of singill schovn ii d. Item for ane pair of dowbill schowin 
iii d. and ordanis that na vnfrcman brak ledder wnder the payn of 
cschetting. 

The consell ordanis that Thomas Elder heff xx s. and Archibald 
Stronach wther tuenty to by tham claythis of the comond geir. 

Alexander Wynchester [and four others] decernit ilk ane of tham in 
ane amerciament be the assise for the wrangus breking of the statutis and 
actis of this burgh in the away heving of barkit leddyr out of the said 
burgh and the schyir thairof. 

December ipth. The provest etc. has assignit tua auchtene parts of 
land to James Winchester which pertained to Alexander Winchester his 
father on payment of xl s. 



1 550-1.] BURGH COURT BOOK. IO? 



I550-L 

January I2th. Comperit Dene John Psalter, ane of the convent of the 
monkis of Pluscarden and desirit the balyeis to direct thair officiar to 
pound the lands and crofts perteining to Jhone Robertsoun for certanc 
annell allegit awand to tham conforme to the evidentis maid to thame 
thairupoun and the balzeis offerit ane daye to be assignit to the said 
convent and to the partye and the party warnit thairto and justice to be 
equallie ministrat to both the saidis partiis [Robertson appears on the day 
fixed (2 ist January) but not Dean John]. 

January 2Oth. Vincent Robertsoun was maid freman and burges of 
this bru'. and maid his aytht as vse is and pait xx s. to the comound purse. 

February l6th. It is statut that na persone within this burgh caghe 
quhit fysche fra ony port within the schyir of Elgin in tyme cuming under 
the payne of escheting of the said fysche. 

February 26th. Court held by Alexander Innes of that ilk, provest, 
Androv Mylln and James Gardin, baillies, Megot Garioch, William Innes 
wif, and James vvif and the leif of the candlemakaris oblist tham to mak 
the third of the candell ij penne candell and the tua part ane penne 
candill. 

March 5th. Matthew Froster for dinging of the spous of Thomas 
Ayr to remayne this day in the stokis till vi hours at evin. 

The assise deliuerit that Johane Annan aucht keip nychtborheid in 
schawin of ry in the crofts betuyx the gray freris and the vynd. 

March I2th. The provest, baillies and haill comunate present hes 
electit and chosin William Hay of Mayne precident of the burgh of 
Elgin till the provest returnying ouer Spey and fordyr at the provest 
and towneschipis will till Mychalmes nyxt cumis and sworn thairto. 

Alexander Skynnar decernit to pay and deliuer to Alexander Gaderar 
tua raybuck skynnis as he that rasauit pament of the samyn. 

March 2ist. Court haldin be William Hay of Mayne, precident of 
the burgh and [four] baillies. The assise [of fifteen persons] decernit that 
Jonet Maitland is in ane amerchiament for the wrangus casting of ane 
stoup full of ayll in Isobell Douglas faice and dinging of her upoun the 
heid with the said stoup and calling of her iniurius and vyill vourdis for 
the quhilk she sail remayne in the gowis the spaice of ane houre and 



108 RECORDS OF ELGIN. [l55-I- 

Isobell Douglas to rcmayne in the tolbouytht this day till vi houris at evin 
for dinging of Jonet Maitland. The assise find that Isobell Douglas 
wrangit in the calling of James Gardin, baillie of this burgh, puyr harlot, 
beggar carlis geit, sche vist nocht quhair he com or quhair he zeid for the 
quhilk sche sail ask him instantlie forgifnes and ramayne in the tolbouyth 
fra this day at sax houris at evin quhill the morn at vi houris in the mornyng 
and gif evyr sche dois the lik to be banest this burgh. The assise find 
that Megot Urquhard wrangit in the calling of Martein Sinclar, officiar 
of this burgh, smaik and bidding him gang hang him selff and the foure 
baillies togidder, sche wald nocht gang for his charge to the tolbouth nor 
vvald not put the burgh in vse to charge hir to the tolbouth disobeing the 
said officiar in the executioun of his office for the quhilk sche sail remayne 
xxiiij houris in the tolbouth. 

Ilenre Bege decernit to keip his nychtboris skaythles of thair corns 
bctuyx the gray frer vail and the comound loin. 



'SSI- 

April 1 2th. Cristen Woid to remane in the tolbouyth till sax houris 
at evin for iniurius vordis to Alexander Robertsoun, baillie, and ask him 
forgifnes. 

May 12th. It was decernit that Thomas Ayir suld pay to Thomas 
Kar the sum of viii s. vii d. on Skirfurisday. 

The assise deliuerit that Margarat Hay obstene fra all reset of 
nychtboris servandis or utheris vagabondis in tyme cuming efter ix 
houris of the nycht in drinking under the payne of bancsing this burtht 
and siclik sail hef sufficient call zaird and elding according to hir estait 
of hir awin wnder the said payne and that Issobell Dunnet hir servand 
now cleid hir with ane honest man to be hir maister fra Vitsonday furth 
vnder the payne forsaid. 

May 22nd. John Innes, elder, sonne to vmq 11 . Robert Innes of 
Rathnakenze becom lauborrowis for Androve Boyne that James Grene 
salbe harmeles of the said Androve. 

Andrew Milln ordanit to pay to William Innes of Frosterseit thretty 
three s. vsuall money for ilk boll of fourte bollis beir with the fodder 
quhilkis the said Andrew bocht fra the said William. 



155 !] BURGH COURT BOOK. ICX) 

May 25th. Walter Lesley of Kynnynvy and Ferquhar Stuart becom 
souerte that William Stuart sail nocht trubill this burgh in tymis cuming 
vnder the payne of x li. 

June 1st. The assise deliuerit that Androv Boyne wrangit in the 
streking of James Gardin, bailie of this bru'., with his hand upon the 
brest within the tolbouth a litill after the fensing of the court. The assise 
[consisting of Robert Innes of Innermarky, William Hay of Mayne and 
nineteen others] ordanis him in tyme of he mes within the paroche kirk 
of this burgh and oppinlie ask the said bailie forgifnes and offir him ane 
candill of vax contenand iiij pound wecht to be brunt afoir Sanct Geill 
and attour the provest, baillies and assise hes deprivit the said Andrew 
of his fredoum. 

June 8th. Na bestiall accept horse and meris vpoun tedderis to pas 
was by the ouer treyne cros on the gett to the Gallovhill, Palmerfurd 
or Deidbriggis. Item that na scabbit hors be fundin within the boundis 
of this burgh fra xxiiij houris furth. That na persoun cary peittis on 
thair bakis fra the moss under the payne of escheting of the creill and 
pettis togeddyr with thair cleiding for v s. of vnlaw and all to be eschet 
to the takkar and to be put in the tolbouyt xxiiij houris and na persoun 
carie pettis fra viij houris of the nycht till vi houris in the morning vnder 
the payne of banessing. 

June i6th. Court haldin be Alexander Innes of that ilk, prouest, 
William Hay of Mayne precident and the baillies. Andrew Morisoun 
and Johne Barbur banist for ane zeir and gif ony rassauis tham to be 
accusit for art and part of thair dedis. John Murray decernit to mak 
compt recknying and pament to Androve Alves for ane firlott victuall 
sax pectis beir and ane covering of ledder to be ane doublet. 

Dauid Gaw becom in the prouestis vill for the trubling of tua vemen 
/ and for the deforsing of Thomas Kar, officiar, in the nocht passing to 
the tolboyth efter he was chargit be the said Thomas / and for the furth 
passing out of the tolbouyth vnfundin souerte after that he was chargit 
to hef remanit thair quhill he hed fundin souerte for the quhilk the 
provest ordanit the said Dauid to be put in the stokis quhill he var 
forder avysit. 

July 6th. John Murray grantit in jugement that he com catioun for 
Sir James Kar for the sovm of xl s. for ane zeris maill bypast of his 
chalmer to John Torre and the baillies hes gevin him Lammes day nyxt 
to cum to pay the said Johne Torre or preve him pait of the said sovm. 



HO RECORDS OF ELGIN. 

William Hay be his grant as souerte for Thomas Colle was decernit 
to mak James Pringillis kill vatter thitht. 

July 30th. Mvrell Caldour, Maister Alexander Cuming [and five 
others] decernit for selling vyne at xiid. the pint, and sail pay this fait 
ilk persoun xvi s. and gif ony brekis the statutis of this bru'. in the selling 
of thair vyne thair vyne to be eschett all that tha hef. 

James Watt was decernit to pay to Thomas Vmphray the price of 
alevin quartan's of gray price of the cine xv s. togidder with viis. for ane 
ottir skyn. Thomas Wmphray vas decernit to pay to James Watt ane 
fir burd and ane irin stanchion. 

Janet Vrycht vas decernit to pas and serue Hendre Bege conforme to 
her conditioun and falland thairoff sail pay him the fe promest be him to 
hir. 

The prouest with consent of the haill comvnate for dalie incon- 
venientis, tuilzeis, flytingis and vnlefull deids commit be Elezabet Leslie 
spous to . Law hes banest hir of this bru'. during his vill and gif sche 
beis fundin within the samyn without licence to be brint vppoun the chik 
with the comound seill. 

Archibald Andersoun be his avvin grant vas decernit to pay to 
Thomas Robertsoun sax merkis mone and ane sark for the maill of 
his hous. 

October 5th. The haill communate has electit and chosin Alex r . 
Innes of that ilk provvest for ane zeir. The counsell and comunate of 
this bru'. hes eleckit and chosin Jhone Innes, eldar, Jhone Innes, zoungar, 
Jhone Annand and Andro Myln balzeis for ane zeir. [Four officers 
elected, William Gaderar elected scribe and William Levingstoun 
dcmpster. The Council, including provost and baillies, was eighteen in 
number, from whom were chosen eight cunstars, four "lynaris" of land 
and eight " pryscris " of flesh.] 

Robert Straquhen be the consent of the provest, baillies, consell and 
comvnate was maid and sworin freman and burges of the said burgh 
grantis accept to bankat the baillies, vpoun the quhilk the said Robert 
desirit act of court. 

October i2th. Anne Sinclar wrangit in calling of Robert Tailzeour 
theif carle. 

October i6th. The statutis maid That na derar aill be sauld within 
this bru'. nor xx d. the gallovne the best and secundar as it salbe sett be 



ISSI-] BURGH COURT BOOK. Ill 

the cunstaris vnder the payne of deling. Item that na persoun sell ayill hot 
with ane selit quart, pint or chopping vnder the payne of viii s. and that 
nayne be sauld w'. coggis, pigis or coppis vnder payne siclik. Item that 
na persoun forstall victual!, fysche, fleshe or ony vther stuf within the 
boundis of the said bru'. vnder the payne of escheting of the samyn and 
inhibitioun to be put to the forstallaris to vse ony fredovm for the spaice 
of ane zeir thaireftir and that na persoun resett betuyx mcrcattis in 
howsis and sell the samyn within the said hous vnder the payne of 
escheting of the vittuallis and the hovsar to be compellit to pay the 
samyn to the awnar of the vittuall. Item that the tua d. leif contein in 
vecht xiiij vnce and the I d. leif vii vnce, and quha brekis this statuttis 
the breid to be delit and failzeand of the breid viii s. vnlaw. Item that 
the quhit candill be of the auld mcsour and the actis anent the talloun 
be kepit vnder the payne of deling. Item that na derar horse corne be 
derar sauld nor vii d. the pect vnder the payne of viii s. 

October 23rd. [The Sub-prior of the Abbey of Kinloss claims 2s. of 
an annual for sixteen years from John Torre of two roods of land on the 
south side of the burgh. Torrie denies liability.] William Gadcrar 
grantit to pay 2s. annell to the plaice of Kynlos gif my lord bishop of 
Orkynnay decernis him to do the samyn. 

October 26th. The assise deliuerit that Alexander Smyth, alias 
Blaysande, wrangit in the streking of William Cuming, sone to wmq 11 . 
Cutbert Cuming, for the quhilk he sail ramayne xxiiij houris in the 
stokkis, and gif evyr he dois the maik in tyme to cum to be banist this 
bru 1 . perpetnallie. 

November 2nd. Johne Tailzour vas decernit to pay to Barrald 
Tomsoun for ilk boll of tua bollis malt xxxi s. vi d. 

November i6th. Anent the claym of twa s. annell clamit be the 
convent of Kinlos fra Jhone Torrie of the said Jhonis land, the prowcst 
and balzeis cognossand vpoun the richtis producit befor thame and vther 
probatioun tane befor thame decernis the said Johne Torrie to content 
and paye to the said convent tuelf pennies zeirlie of his said land in all 
tyme to cum and of the termis bygane sa far as thai want and ordanis 
the said Jhone Torrie to haue place agane the analier and thair airis and 
gif the said convent maye preif the tother tuelf penneis clamit be thame 
decernit thame to haue place saiffand and without prejudice of ony vther 
annell vpoun the quhilk the Supprior of Kinlos in name of the convent 
desirit act of court. 



112 



RECORDS OF ELGIN. [l 5 Si- 



Sir James Kar was decernit be his awin confessioun to contint and 
paye to James Pringill thirte schillingis betwx this and the fest of Sanct 
Andro. 

James Pringill was decernit to ressaue for ane chalder of victuall xx'x 

schillingis for ilk boll. 

Comperit personalie in jugement Florence Runsiman and presentit 
our souerane lade the quenis graice legittimatioun under writtin and 
intimat the samyn and efter the said intimatioun the forsaid legitimatioun 
was oppinlie proclamit at the mercat croce of the said burgh at the 
command of the provest and baillies as follows : 

Maria dei gratia regina Scotorum Omnibus probis hominibus suis ad 
quos presentes litere peruencrint Salutem Sciatis quia ex nostra special! 
favore cum auisamento consensu et auctoritate charissimi nostri consan- 
guine! et tutoris Jacobi Arrane comitis domini Hainmiltoune regni nostri 
protcctoris ct gubernatoris dcdimus ct concessimus ac tenore presentium 
damns et conccdimus dilecto nostro Florentine Runsyman bastardo filio 
natural! quondam domini Dauid Runsyman capellani in Elgin de Murray 
plcnariam potcstatcm . . . libere disponerc super omnibus et singulis 
suis terris ... in cujus rci testimonium prescntibus magnum sigillum 
nostrum apponi prccepimus apud Edinburgh viccsimo quinto die mensis 
Marcii anno domini millesimo quingentesimo quinquagesimo et regni 
nostri octauo. 

[Compeared also with letters of legitimation of date at Edinburgh, 
26th August, 1550, Teophilus Jhonsoun, Sir James Jhonsoun and Fransy 
Jhonsoun, "bastardis filiis naturalibus " of Sir Willyem Jhonsoun, chap- 
lain. After being read in court the letters were proclaimed at the 
market cross.] 

November 23rd. The assise deliuerit that Alex r . Vardan wrangit in 
streking of ane servand pertenying to William Vardan at the vattir syid 
of Lossie and cutting of hir clayis and dovme gevin thairupoun. 

The assise deliuerit that Merioun Byrneth wrangit in the avay taking 
of ane ketil of Petyr Slorachis and sail restoir the samyn. 

December ist. Franse Johnestoun was maid, creat and sworne 
freman and burges of this burgh be the haill nychtboris for the quhilk 
he sail mak the comound wax of this burgh for tua zeris nyxt heireftir. 

The provest etc. hes ordanit that Sir Thomas Robertsoun, cheplane, 
hef 2os. of the rist of his Vitsunday fe last bypast and 405. for his 
Mertimes fe last bygaun out of the comound purse. 



I55 1 ' 2 -] BURGH COURT BOOK. 113 

The provest and baillies with avise of the nychtbouris hes decernit 
that Thomas Ayir pay James Pringill xvi libs, for ane chalder malt. 

The provest, baillies, consell and communate hes oblist tham selfis to 
gif to James Innes, quha clamit the tua auchenpartis quhilk vas wmq". 
Alex r . Wynchester, zoungaris, but quhilk the provest etc. are content 
that the said Alexander Wynchisteris sone hef, ane auchenpart of land 
that sail hapin to waik in the tovnis handis nyxt heirefter accept ane 
auchenpart quhilk is promest be the tovnischip to Alex r . Williamsoun 
that sail first hapin to vaik attour the said Alex r . Wynchistir to pay to 
the said James iiii libs, money betuyx the dait heirof and Askwcdinsday 
and iiii libs, to be takin of the comound geir to be gevin to the said 
James. This present act to hef na strcntht to ony vther pcrsoun in tyme 
to cum bot the act maid vi May a. I M . V c . xlix to be kepit in all punctis. 

Murell Caldour was decernit to deliuer to Maister Alexander Cuming 
as procurator for Archibald Campbell of Caldour xi pair of golden hornis 
betuyx the dait heiroff and the xx day of Zouill nyxt to cum. 

December I4th. Alexander Hardy was decernit be his awin grant 
to pay to Alex r . Gaderar xl s. in penne vorthis betuyx the dait heirof 
and new zeirisday nyxt. 

The quhilk day William Smyth oblist him to big the dyk he brak to 
Hendre Beg as guid as it.wes quhen he kest it doun. James Runseman, 
officiar to my Lord bischope of Murray, rcquirit William Mylln to remvif 
his scheip out of the said lordis grund and in cais he pundit the said 
sheip for det or custumis of the said lordis grund the samyn said be na 
wrang nor the said James compellit to restoir tham agayne. 

December iQth. The quhilk day the provest etc. hes statut and 
ordanit that na persoun sell wyne within the collaigc of Murray under 
the payne of escheting of it conforme to our soucrane ladie the quenis 
grace letteris under the payne of escheting and that no wyne be sauld 
derar within this burgh nor xii d. the pint under payne siclik. 



January nth. Heid burrow court. Sir James Kar, cheplane, 
cognossit by the assise as nerest and lauchfull ayr to umquhill Patrik 
Kar. 

Q 



II4 RECORDS OF ELGIN. [l 55 1-2- 

David Zoung wcs maid burges and freman be the consent of the 
provcst, baillies, consell and haill communate and maid his aytht as vse 
is for the quhilkis he pait vs. and hes purs quhilk wes gevin to the puyr 

folkis. 

January 1 8th. John Grant Moir decernit to mak pament of xu 
mcrkis money to Johne Grant of Balnadallacht for the maill of ane 
hous within the burgh of Elgin perteining to the said Johne Grant of 
Balnadallacht. 

January 26th. Walter Hay to pay halfe ane stane of wax to Sanct 
Gelis work for selling of wync within the college of Murray and gif evyr 
he dois sic in tymc cuining he sail pay the price of ane punsioun of wyn 

vnforgevin. 

The quhilk clay Uodlok wcs decernit for her demereitis to be put in 
the gowes and stand thair till vi houris at evin and thaireftir banist this 
burgh perpetual! and gif she bcis apprehendit within this burgh in tyme 
to cum to be brint upon the click with the comound seill that selis the 
firlottis. 



1552. 

March 28th. It is statut that quhatsumcuer persoun within this 
burgh tak aff the fcild in any place his nychtboris harrowis, harrow 
graitht, plcwcht nor plewcht geir to work with and beis apprehendit 
thairwith or knawin doand it sail content and pay to him that aw the 
said graithc xx schillingis but remissioun. 

Robbe Morcis being persewit be Jhone Annand for xxvi s. mone for 
the price of ane fille quhilk he bocht fra the said Johne tuke on hand to 
preif that the said fille deit in the scab within xx'x dais eftir he bocht the 
said fille fra him or ellis to mak payment. [He falzeitt in his preiff.] 

April 26th. The consall assign tua auchtane partis to Thomas 
Umphray. 

May gth. Thomas Kar dcnyit oppinlie in jugement that he evyr 
said that Sir James Kar tuik out ane bullax of his out of his house or 
that Sir James cursit for the samyn and instantle Charlis Gray granttit 
that he gef the bullax to the said Sir James quhilk he sauld to William 
Adam and offerit him to varand the forsaid bullax to the said Sir James. 



I55 2 -] BURGH COURT BOOK. 1 15. 

May i6th. The assise deliuerit that Thomas Ayir deliuer ane 
bressin pott to Sir James Douglas quhilk perteins to the said Sir James 
provyding the said Sir James content and pay to the said Thomas quhat 
soume the said Thomas may preve that Janet Douglas aucht to the said 
Thomas and the baillies assignit the Mununday efter Trinate nyxt cumis 
to preve the said dett and ordanis the pott to be put in the keping of ane 
baillie q". the said day. 

June 1 3th. Johne Innes, eldar, baillie protestit forsamekle as Johnc 
Annand, baillie, rais ouit of jugement onrequirit be ony parte the court 
beand fencit in his naym and procurit for William Hill to the hurt of his 
actioun. 

Johne Annand, clerk of the bischopis court, protestit that the pre- 
ceding contra Wm. Hill be nocht hurt to the bishop of Murrais priuilcghe 
and his regality and that the refusing to replege the said William to the 
said bishopis court be sufficient caus to call the said baillies and inter- 
loquitor to be punist as law vill. 

The assise deliuerit that William Hill aucht and suld pay to Johne 
Innes the sovme of xviii sillingis money and dovme gevin thairupoun. 

October 3rd. Alexander Innes of that ilk clectit provest ; John 
Innes, son to umquhill Robert Innes of Rothnakenze, William Gaderar 
and Alexander Williamsoun electit baillies ; William Hay of Mayne 
chosen precident of said burgh. 

Sir John Gibson protestit in name of the chapplanis of the cathedrall 
kirk of Murray that the production of ane evident in jugement be George 
Mortimare vpoun ane rude land Hand vpoun the south sid of this burgh 
to the effect the said George motht be enterit in the suit roll for the said 
landis nocht contenend na anvvell to be pait to the saidis chaplanis be 
nocht prejudiciall to tham in tym cuming bot that tha ma haif zeirlie 
payment of the anwell thai wer in vse of payment abefoir of the said land. 

Gelis Tailzour wes maid fremen and burges of this burgh be consent 
of the provest, baillies, consell and communate of the samyn and sworin 
as vse is and payit thairfor v s. to the provest quhilk ves gevin to the 
puyr folk. 

October I7th. Alexander Wynchester confessit that he becom souerte 
that the price of ane kow and tua scheip pertenying to Alex r . Hardy suld 
be furth cumand at the instance of James Vilsoun the price thairof 
extending to xlvis. viiid. 



Il6 RECORDS OF ELGIN. [ISS2. 

Angnes Villsoun ves decernit to pay to Androve Boyne x s. for the 
half of ane swyne. 

The assise deliuerit that Antoun Froster and Alex r . Douglas wrangit 
in the takin of schorin aittis out of the feldis of Elgin in greit quantate 
for the quhilk tha salbe put in the stokis and remane thair for xxiiij 
houris and gif evyr tha do sic in tyme to cum to be banist this burgh 
during thair willis that beis baillies. 

The assise deliuerit that Alex r . Douglas wrangit in the streking of 
William Kay throch the coit sleif with ane quhyngar for the quhilkis 
caus he sail kery na wapin with ane punct for zeir and day and gif evyr 
he dois sic in tym to cum to be extremlie punist. 

October 24th. Alex r . Williamsoun confessit that the serving of 
Margrat Calder oo to wmq". Janet Innes (?) lady of that ilk of ony annell 
of the ruid of land quhairin the said Alex r . duellis in be na hurt nor 
prejudice to him. 

Marrcoun Bege ves decernit to deliuer ane pott to William Sinclar 
quhilk pott sche confessit that sche borrowit. 

James Duf ves decernit to keip Ellcne Innes nychtborheid in hir 
zaird and quhat the said Ellcne causis be cstimat that sche hes gottin 
schaythc throch the said James to pay. 

November 8th. Johane Annand oblist him to redeym certane siluer 
verk laid in ved be him to James Gardin within xv dais and failzeand 
thairof it salbe lesum to the said James to apprise the samyn for his 
mone. 

November I5th. The prouest, baillies, consell and commvnate hes 
statut and ordanit that na pcrsoun this zeir schaw vther seidis in the 
feldis folloving vnder the payne of ten s. to ilk nytbour that lyis in ilk 
syid of him that brekis and xx s. to Sanct Gelis lycht : 
The thortir feld all aittis. 
The lynt haucht beyr. 
Cnariscruik pes. 
Blayrmvir beir. 

The southt syid of Vndersalkis aittis. 
The northt syid pes. 
The neder salkis aittis. 
Knokargat beir. 
The svitting akeris beir. 



1 5 52.] BURGH COURT BOOK. 117 

The clay pottis beir. 

The tunggis of Baldonishalc quhit. 

All that wes quhit thair to be beir. 

Fra the goit to the beir / aittis. 

Fra the goit to the ron (?) quhit. 

All bischopis hale quhit. 

And the tungis quhit. 

The furdis aittis. 

The Sanquare hill pes. 

Vnder the hill pes. 

The north syid beir. 

Brusland aittis. 

Staindales beir. 

The Cragheid beir. 

Palmersyid ry. 

Heycht meringis beir. 

Gledishalc ry and quhit. 

The vast syid of the north of the gallovhill beir. 

The est syid thair ry. 

Mare veil ry. 

The vest half betuyx the gettis and the toder halff thair beir all. 

The Fluris beir. 

The holinis ry. 

Andro Boyne and Alexander Wynchister wer mad kirk maisteris for 
ane zeir. 

November I5th. Thomas Kar wes fundin in ane amerchiament for 
the saying that Thomas Ayir hed not pait for the hors he stall fra 
Hendre Beg and sail pay i lib. wax to Sanct Gelis lycht and siclik 
Thomas Ayir is ane amerchiament for the calling of Thomas Kar pykar 
theif and sail pay I lib. wax siclyk. 

November 2ist. It is statut that na person bring beif to hald or sell 
within this burgh in tyme to cum out of ane suspect plaice quhair the 
pest of guiddis is or sail happin to be under the payn of banessing of fre 
and vnfre and ascheting of thair haill geir that sleis or byis ony sic bestis 
and that na beff be slayne to sell within this brugh quhill thay get lecence 
vnder the same payne. 

Robert Innes decernit to deliuer to Alex r . Hardy i boll victuall or 
ellis xvi s. for the said boll. 



Il8 RECORDS OF ELGIN. [l 552-3- 

November 29th. James Gardin ves decernit to pay to Johne Annand 
the sovmes vndervvretin quhilk he referit in his aytht that is to say x s. 
for the making of ane charter and instrument vpoun William Innis hous 
and tua s. viiid. of the rist of ane instrument of Ferquharis annell and 
four s. for ane doubell assedatioun of Thomas Robertsounis hous togidder 
with the just payment for the gevin of tua furris to ane croft be the sycht 
of tua person is. 

The assise deliuerit that William Donaldsoun audit and suld pay to 
Angnes Braid x s. in nayme of Sir Dauid Setone. 

December iSth. The provest and baillies and commound consell of 
this burgh is electit and chosin commissioneris to sett all commound 
takis of this burgh on the xi day of Januar nyxt to cum for thre zeris 
efter the terme of Vitsunday nyxt thairefter and proclamatioun maid 
thairupoun. 

The provest be the advyis of the haill comunate hes dischargit the 
scoill haldin be Sir Thomas Rag in his chalmer in tyme cuming bot 
it salbe lesum to him to tcche in the comound grammer scoill with 
the maister and siclik hes requirit and chargit Sir James Kar to teche ane 
sang scoill conforme to his conditioun. 



I552-3- 

January Qth. Legitimation grantit be our Souerane Lord James the 
fyft to Maister William Gordon, thcsaurer of Cathnes, and Maister 
George Gordoun, capitane of Badcnoch, his brother [and May (Mariote) 
Duffus, thair modir, bastard dochter of Sir John Duffus, chaplan] sonis 
natural of Maister Adam Gordoun [read in court and at the " mercat 
croce" and here registered]. . . in cuius rei testimonium presentibus 
magnum nostrum sigillum apponi precepimus apud Elgin vicesimo 
quarto die mensis februarii anno domini quingentesimo vicesimo septimo 
et regni nostri decimo quarto. 

January 30. Actioun anent the tua auchinpartis debatibill betuyx 
James Innes and Issobell Vilman. [The assise in this case consisted of 
thirty-one persons.] 

March 24th. The quhilk day ane rycht nobill and mychty lord 
George Erll of Hwntlie Lord Gordoun and Badzenoch and procuratour 



1 5 52-3-] BURGH COURT BOOK. 1 19 

of the law for George Gordoun his sone comperit in jugement and 
prescntit ane breiwe of our souerane Ladais cheppell impetrat at the said 
George instance to the baizes of this burgh. The said nobill and mychty 
lord nomine quo supra, tuke instrument and act of court vpoun the 
fensing of court that the curt forsaid was lauchfullie and dewle fensit in 
presens of the balzies that na man maid impediment. 

Item the said Lord, nomine quo supra, tuke act of court and instru- 
ment that Charles George, officiar, maid his faitht in jugement at the 
command of the balzeis that he maid dew executioun of his office in 
proclamatioun of the brewe forsaid in presens of certane famous witnes 
being siclike sworne for verificatioun of his executioun. 

The said daye the said lord nomine quo supra tuke instrument and 
act of curt that the brewe being red indorsatioun thairof and petitioun of 
the landis in speciall and all parteis callit quha pretendit entres to 
compeir as thay wald wyn and tyn na persoun comperit to oppone 
contrar ony point of the samyn. 

The said daye the said lord nomine quo supra desirit instrument and 
act of court that na party comperit to oppone contrar the personis of 
inquest nor the admissione of thame and vpone thair aithts gevin vpon 
the samyn. 

The said daye the said lord nomine quo supra producit in jugement 
ane instrument of sesing vpoun the landis pertenying to vmq 11 . James 
Erll of Murraye lyand within the burgh of Elgin of the dait at Elgin the 
[blank] zeris to be schawin to the personis of assise for seruing of the 
said brewe. 

[The inquest was held in the tolbooth of Elgin in presence of William 
Hay of Mayne, president of the burgh, John Innes, son natural of 
umquhill Robert Innes of Rothnakenze, and Alexander Williamson, 
bailie, on 24th May, 1552, by the following: John Forbes of Tolleis, 
John Graunt of Balnadallacht, Alexander Gordoun of Baldornie, Alex r . 
Innes of Plaiddis, Patrick Stewart in Tannaquhy, Charles Geddes, John 
Innes, David Garntule in Fornaty, Andrew Boync, burgess of Elgin, 
Walter Hay, ibidem, John Innes, son of umquhill James Innes of Drainie 
ibid., James Gardin ibid., William Aulcorne ibid., Thomas Young ibid., 
John Robertsoun ibid., James Pedder, ibid, and William Hay ibid., who 
being sworn find that the deceased Alexander, Lord Gordon, brother of 
George Gordon, bearer of these presents, died last vest and seased in the 



I2O 



RECORDS OF ELGIN. [l55 2 -3- 



lands back and fore in the garden, tail and pertinents in the burgh of 
Elgin on the east part of the Queen's High Street between Herviesfield 
on the north, the Queen's grace High Street on the south, the lands of 
Robert Innes and Elizabeth Douglas on the east and St. Ninian's land 
on the west, which lands pertained formerly to James, Earl of Moray, 
said lands being valued now at twenty pounds per annum of current 
Scots money and in time of peace were valued at. 13 lib. 6s. 8d. of said 
money.] 

[Here appears copy of deed of date I2th October, 1546, showing that 
there compeared before the bailie (Gaderar) "vencrabilis vir" Mr. William 
Gordon, canon of the Cathedral of Moray and prebendary of Duthil and 
attorney of Alexander, Lord Gordon, son and apparent heir of George, 
Earl of Huntly, and there asked sasine of the land and tenement, back 
and fore, with garden, tail and pertinents lying in the burgh of Elgin, 
formerly pertaining to James, Earl of Moray, bounded tit supra, and 
presented precept of sasine from Queen Mary of date 5th August and 
fourth year of her reign, which lands now pertained to the Queen as heir 
of the said Earl of Moray or by privilege of the crown and kingdom by 
escheat by reason that the said James was born and died bastard and 
without lawful heirs of his body and without lawful disposition of said 
land and tenements. The above was clone, the said William Gordon 
being attorney, in presence of William Gaderar, younger, burgess of 
Elgin, Sir William Young, Sir William Hume, chaplains of the Cathedral 
kirk of Murray, James Birnie, physician, Sir John Seton knight, &c.] 

At Edinburgh, 4th February, 1552, before the Lords of Council, viz., 
George, Earl of Huntly, chancellor, Robert, Bishop of Orkney, Mr. John 
Bellenden, &c, compeared Master Henry Lawder, advocate to our 
Sovereign Lady, against John Stuart, bastard son of umquhill James, 
Earl of Murray, the said John Stuart having alleged himself heritably 
" seasit in ane land, tenement and luging in the burgh of Elgin," bounded 
ut supra, pertaining to Alexander, Lord Gordon, son to George, Earl of 
Huntly, "and the said Johne Stuart hes fenzied ane instrument vnder 
the signe and subscriptioun manuale of . Strathaauchin, vicar of 
Caldell, notar, and hes vsit und intendis to vse the samyn as ane trcw 
evident quhowbeit, as the said advocat is informit, the said instrument is 
fals and fenzeit. The said Johne Stuart ofttimes callit but not com- 
peirand the Lordis .of Consell decretis that said instrument is of nane 
availl, force nor effect." 



I553-70-] BURGH COURT BOOK. 121 



1553- 

April loth. Statuta. Gif ony flessour blawis fles the samyn to be 
escheit. 

Item gif thay sell within hous xs. 

Item na schoris be vpoun ane schep bot tua vnder the payn of ten s. 

Item that naync be derar said nor tha ar prisit vnder the payne of x s. 

Item that nayne be sauld vnprisit vnder the payne of x s. and this 
statut to extend vpoun burgh and land. 

April i /th. The provest and baillies with consent of the consell and 
comunate present for the tyme hes statut that ilk auchenpart kep the 
cornis i day and the club to pas throch all the tovne on that maner and 
the kepar of the corne for his day to tak of ilk best accep scheip he findis 
in the corne iiii d. and that na scheip pas vest by the trcyne cors noder 
the gett to the Sanquhary nor Fluris vnder the payne of i d. ilk scheip. 



1570. 

The burrow court of the bru'. of Elgin halden within the tolbuith of 
the samyn be Jhone Annand provest and Alex 1 . Guthery anc of the 
bailzeis thairof the tent day of Apryle the zcir of God I M . V c . threscoir 
ten zeiris. 

Walter Hay, goldsmyth, burges of Elgin was decernit and ordanit to 
content and pay to Stewin Couper, indvvellar thair xvi s. money for the 
price of ane skin. 

George Skadkayll, cordiner in Elgin was decernit and ordanit to 
content and pay to Ade Grant, baxter thair, vii s. money within xv clays 
for the bigging of ane mud dyk. 

George Bonyman, merchand in Elgin, vas decernit and ordainit to 
pay to Sir Villiam Dowglas, vicar of Elgin, xvi s money for the price of 
twa pundis of insufficient unzone seidis quhilk the said George sauld to 
the said Sir Villiam in Marche was ane zeir. 

April 24th. The quhilk day George Bonyman, merchand in Elgin, 
was decernit in his absens to pay to Sir Villiam Dowglas, vicar of Elgin, 

R 



122 



RECORDS OF ELGIN. [l57O- 



xxviii s. money for the lois and skayth he hes sustenit in his zaird this 
last zeir throch the twa pundis of insufficient vnzone seid sauld be him to 
the said Sir Villiam quhilk was provin and estimeit be Villiam Varden. 

May 29th. John Anderson, flescher in Elgin, being persewit for the 
wrangus deforsying of Thomas Kar, officiar, in nocht entering within the 
tolbuith of this bru'. on the xxij day of this instant moneth as he that 
was chargit thairto be the said officiar to haif ansuerit at the instance of 
the provest for certane causes to haif bein proponit in his contrar the 
said deforsmcnt being denait be the said Jhonc Anderson and thairefter 
the samyn being provin be certane famows vitnes sworn and admittit be 
the said Jhone Anderson the jugis present for the tym decernit the said 
Jhone to haif doin wrang in the wrangus deforsyng of the said officiar 
the said xxij day and thairfoir his hail guids and geir to pertein to our 
soucrane loird the kingis grace vse and profeit and his bodie to be punist 
at his grace vill and pleysour. 

June 1 2th. The burrow court of the bru 1 . of Elgin haldin within the 
tolbuith of the samyn be Jhone Annand, provest, Alex r . Guthery, Dauid 
Thomson, bailzeis of the samyn. 

William Hardy, burges of Elgin becom actit souerty and lauborrus 
for Valter Innes, flescher thair, that Jhon Beig, tailzour thair, salbe harmles 
and skaithles of all bodelly harm in all tymis cuming as law will vnder 
the pain of law and the said Valter actit to releys the said William 
thairof. 

Valter Hay, goldsmyth, burges of Elgin, vas decernit to pay to Jhone 
Bcig, tailzour thair, nyn s. x d. mony within xv days for the rest of certane 
cleth coft be him fra the said Jhon dyveris tymis to be gala brekis and 
making of the samyn. 

Archibald Gaderar, burges of Elgin, and Andrew Burnet, burges thair, 
was decernit and ordanit ilk ane off tham to pay to Dauid Vat, burges 
thair, twa fir. victual! within xv days for supportyng him to giff met to Sir 
Thomas Robertson sen Sanct James day last bypast to Sanct James day 
nixt to cum. 

The heid burrow curt of the bru'. of Elgin haldin within the tolbuyth 
of the samyn be Jhone Annand, provest of Elgin, Dauid Thomsone ane 
of the balzeis of the samyn the secund day of October the zeir of God 
I M . V c . sewinte zeiris the sectis callit the curt fensit and affermit lauch- 
fullie as vse is. 



157-] BURGH COURT BOOK. 123 

Nomina inquisitionis. 

Master Alcx r . Dowglas, Villiam Gaderar, Dauid Thomson, Recherd 
Robertson, Andrew Barnet, James Vat, Valter Aildcorn, Villiam Zoung, 
Blais Alues, Jhone Grant, Thomas Rechardson, Villiam Hardy and Jhon 
Vmfra, elder. 

The quhilk day the personis of the inquyst hes seruit Thomas Zoung, 
burges of Elgin, neirest and lauchfull air to vmq 11 . James Zoung, sone to 
vmq 11 . Robert Zoung, fader broder to Thomas Zoungis fader foirsaid 
quhilk vmquhill James Zownng deit at our souerane lord the kyngis 
grace fayth and pace in the moneth of Junij the zeir of God ane thousand 
fywe hunderyt threscoir nyn zeiris. 

October gth. Nomina communis consilii: The provest,the four bailzeis, 
master Alex r . Dowglas, Villiam Gaderar, James Garden, James Sutherland, 
Villiam Hay, Alex r . Vinsister, zounger, Andrew Boyn, and Villiam 
Aildcorn. 

The names of the cunstaris : Franse Jhonson, Recherd Murray and 
Blais Alues for the south eist quarter, Patric Anderson, Androw Barnet 
and Thomas Recherdson for the south-vest quarter, Villiam Zoung, 
Androw Hay and Dauid Vat for the northvest quarter, Androw Cowe, 
Archibald Annand and Villiam Campbell for the northeist quarter. 

The names of the lynnaris : Dauid Vat [and 7 others] with ane of the 
bailzeis with tham. 

Prysaris of flesch : James Pringill [and 6 others]. 

Statuta. 

Item it is statut and ordanit the gallown of guid aill salbe sauld for 
twa s. the gallown, pryce of the quart vi d. and secundar be the discretioun 
of the cunstaris. 

Item that the twa penny leiff be of xii vnce wecht and the plak leiff 
dowbill als mekill of guid and sufficient breid and quhen ony persoun or 
baikster bakis ony breid that the bakister caus the persoun that bakis or 
him self baik the ane half of twa penny breid and the vther half of plak 
breid and that the samyn be bakin of flowr sufficient stuff. 

Item it is statut and ordanit the twa penny leif of breid of quhyt be 
of xvi vnce vecht and that na persoun bakister within this bru'. baik to 
ony persoun of the clois without tha hew the statutis. 

Item that the stane of schip tallown be sauld for xiiij s. the stan and 
stan of nolt tallown for xij s. the stan. 



124 RECORDS OF ELGIN. 

Item that the penny candill be of xi ensche by the oe end the deipnes 
of the lenth of ane bair coirn the ane half off the candill that salbe maid 
be of penny candill and that the twa penny candill be of dwbill thiknes 
of the penny candill. 

Item that na persoun carry ony talloun or candill furth this town 
vnder the pain of xl s. money and the candill or talloun to be eschet to 
the apprehendaris. 

Item that the pcct of guid aittis be sauld with the commoun pect for 
viij d. the pect. 

Item that the best barkit hyd that salbe barkit within this town sail 
be sauld for xxij s. the barkit hyd to frcmen and craftismen and secundar 
of ane mcnor price. 

Item that the pair menis schoin be sauld for twa s. four d. and secundar 
of minor price and vemcnnis schoin xx d. 

Item that all personis bayth frc and onfre within this bru'. be simpliciter 
dischairgeit off ony barking of nolt ledder without speciall leceance of 
the provcst, bailzeis and cunsall in ony tymis cuming except fremen to 
scrue thair avin famelly and quha dois in the contrar to pay ten lib. vnlaw 
without remissioun quhow oft tha sallhappin to contrawen the samyn. 

Item that nather provcst nor bailxe of this bru'. relax or lows ony 
arrestmentis to be maid be the adwyse of the cunsall for breking of ony 
of the statutis foirsaidis without assent or consent of the cunsall hed 
thairto in ony tym cuming vndcr the pain of ten libs, to be payt and 
vpliftit of the lowsaris of the arrestmentis to the commoun weill of this 
burgh als oft as he salbe found culpabill thairinto. 

Item that all personis that slais flesche to be sauld bring the samyn to 
the publict mercat with the talloun hyd and skyn thairof and that the 
samyn be nocht spoulzeit vnder the pain of eschetyng thairof. 



1570-1. 

January I5th. John Anderson, flescher, was decernit to pay to James 
Ferie x s. as price of xvi cowpfullis of dry peitis. 

Comperit Sir Florens Winsister, cheplan, lyfrenter of ane pece of land 
callit Boyellis hortchet and requerit the jugis to ressaif Thomas Innes, 
spous to Helen Vinsister and Thomas Tulloch induellaris in Elgin souerteis 



I570-I-] BURGH COURT BOOK. 125 

and cationeris for him that the housis, zairdis, dykis and treis standan 
and biggit vpoun the said land pertenand to Jhone Annand, provest of 
Elgin, in heritage salbe of als gude valedity and sufficicnce the tyme of 
the said Sir Florens deceis as the samyn was the tyme of the said Jhone 
Annand, provest, gat first sesing theirof of the dait the secund day of 
Merche the zeir of God 1556. 

Jhone Vmfray, zounger, burges of Eigin, becom actit to pay to dame 
Elizabet Douglas of Pettindrych fourty tua s. money within xv days for 
the pryce of ane boll of quhyt and Alex r . Vinsister, minister thair, fourty 
fyve s. money for the pryce of thre bollis aittis. 

Willam Mussat, leyche in Elgin, was ordanit to delyucr to Alcx r . 
Williamsone, burges of Elgin, ane lok with ane key of the said Alexanders 
heych hous. 

January 29th. [Thomas Robertson is seised of] ane pecc of land 
callit Vestir Croftcry lyand betuix the commond landis of the commonety 
of the said bru'. callit Eister Croftcry prcsentlie occupeit be Dauid 
Thomsone and Thomas Zoung at the cist pairt and the commond passage 
quhilk passis fra the said bru'. to the kingis vestir mill at the vest part 
extending linally fra the kingis he get quhilk passis fra the said bru 1 . to 
Pettindrych and Schanchoryhill at the sowth part to the passage betuix 
the said pece of land of Croftcry and the waiter of Lossy at the north 
pairt. 

Sir Florens Vinsister, cheplan, comperit and ouergef fra him the lyfrent 
of Boyllis hortchet lyand upoun the south syd of the said burgh quhilk 
he presentlie dwellis into with houses, biggingis, horchet and zairdis 
standing thairupoun lyand betuix the landis of Our Lady cheplandry 
fundit within the paroche kirk of Elgin at the eist part and the stane wall 
sumtyme of the freiris minoris of the said bru 1 . at the vest extending 
linally fra the bak passage of the said bru 1 . at the north part to the croftis 
of land sumtyme pertenand to Thomas Zoung, now pertenand to Thomas 
Hay at the sowth part in fauoris of Jhone Annand, provest of Elgin. 

Blais Alues, burges of Elgin, was decernit to delyuer to Thomas Gaw, 
cordinar ane hyd and halfhyd sufficient barkit leddyr quhilkis failzeand 
to pay as pryce for the samyn fourty tua schillingis money. 

Walter Innes, flescher in Elgin, was decernit to pay to Jhone Innes of 
Auchtluncard thre libs, xv s. viij d. money in compleit payment of four 
bollis malt. 



I 2 6 RECORDS OP ELGIN. [l57-I- 

Alex r . Cuming, spous to Katheren Douglas, was decernit to delyuer 
to Thomas Cleroch ane tablet and hert of siluer quhilk Besse Douglas, 
spous to the said Thomas, laid in plage to the saidis Alexander and 
Katheren prowyding the said Thomas pay sevin s. mony to the said 
Alex r . quhilk the said tablet and hart was laid awaid for. 

William Bomannoch was decernit to pay to Hector Angus xvi s. for 
the pryce of ane blak bonnet provyding the said Hector resaif ane 
almery fra the said William for payment of the sowm of thre libs, xiij s. 
iiij d. for the pryce thairof quhilk the said bonnet was giffin in arlis 
thairof. 

William Gordon was decernit to pay to Androw Sanders in Langbryde 
xij s. vi d. for the pryce of fyve quartcris muttoun. 

February 5th. Alexander Guthery was decernit to pay to Robert 
Innes, broder german to James Innes of Urany xxv s. for the pryce of 
aucht scheip. 

William Reid was decernit to pay to Patric Andersone ane half boll 
vict. within xv days and ane vther half boll vict. betuix this and the xxv 
day of Julij that nixt cumis / and Jannct Reid his sister als mekle victuall 
at the days foirsaidis for supporteing the said poore in giffein mait to 
Sir Thomas Robertsone cheplan be the space of tua zeiris to cum at the 
said xxv day of Julij. [Also Alex r . Mill to pay to David Thomson a 
boll victual for supporting the said David in giving meat to Sir Thomas 
Robertson, Katherine Adamson, relict of William Kinggorn, to pay two 
firlots victual for supporting the said David and Archibald Gaderar and 
Andrew Burnett to pay to David Watt two firlots victual for supporting 
the said David Watt ut supra.] 

February igth. William Tailzour, son to vmquhill Robert Tailzour, 
was decernit in amerciament in the vrangus iniureing of Jhone Thomsoun, 
alias Thomas Jhone, and streiking the said Thomas vpoun the heid within 
his hous and takein of of his bonnet and strampein of the samyn in the 
myr bcfoir the said J hones duir and thairfoir to remain in the stokkis the 
space of xxiiij houris and to be baneist of this toun gif he committis sic 
offensis to ony persone within this town in ony tymes cuming. 

Actum extra judicium in presentia Joannis Rutherfuird vnius balliu- 
orum burgi de Elgin primo die mensis Martii anno Domini 1570. The 
quhilk day George Gray, induellar within the bru 1 . of Invernes, hes maid, 
constitut and ordanit Charles Gray, burges of Elgin, his lauchfull cessioner 



I57 1 -] BURGH COURT BOOK. 127 

and assignay in and to ane tua bandit swoird delyuerit be him to be 
eikkit be Jhone Lamb, smyth in Rossyll. 



157I- 

The burrow court of the bru 1 . of Elgin haldin within the queir of the 
paroche kirk of Elgin be Jhone Annand, provest, and Dauid Thomson, 
balzie of the samyn, the last day of Apryll the zeir of God I M . V c . thre- 
scoir xi zeiris. Jhone Watson is decernit to mak ane sufficient dyk at the 
endis of his zaird and betuix the said Jhonis zaird and James Pringillis 
zaird safar as salbe modefeit and decernit be the lynaris of this bru'. 

James Mechell confessit judicially as he that was persewit be Patric 
Grant of Daluey that he had resauit fra Master Villiam Grant broder 
germane to the said Patrec ane targat of gold in plege of sewin libs, ten s. 
monye quhilk the said James refereit in the said Mr. Williamis ayth the 
awaill of the said targat extending to the vvcicht and avvaill of ten crownis 
of the sone. 

May 7th. Thomas Vmfra, burges of Elgin, comperit judicially and 
thair renuncit and owergef fra him his twa auchtenparts of land lyand 
within the greischip of the said brugh in the handis of Dauid Thomson, 
ane of the bailzeis, be ane officiaris wand in fauoris of Hew Vmfra his 
sone and apperand air his airis and assignais quhilk Dauid Thomson, 
bailze, at the command of the bailzeis and the rest of the burgessis and 
fremen of the said bru 1 . and be thair consentis hes giffin and giftit of the 
saidis twa auchtenparts of land to remain with him in all tymis cuming 
as vse is to burgesses of this burgh to jose and occupy for payment of 
xl s. for his entres siluer thairof to the common guid of this bru'. 

June 25th. Jennet Kar, spous to Jhone Duncan, was decernit in ane 
amerciament for the wrangus iniuryng Megot Nachty, spous to Dauid 
Scherar, in saying Maky maie yow ceist ane barrall of makis furth of the 
weym yow castis bot kitlyngis and nocht childeryng, and thairfor to 
remain in the tollbuith xlviij houris and giffe scho commit sic iniurius 
wordis or the samyn to the said Megot or to ony vtheris person or personis 
in tymis cuming to pay fywe libs, mony to the person iniurit. 

June 28th. Statutum. Ane act maid for stansckeing of birnyng of 
peittis within the mois of Mostowe. George Robertson and James Duff, 



128 RECORDS OF ELGIN. [l57I- 

smythis in Elgin, of thair awin fre moteif villis becom actit nocht to birn 
no paittis within the mos of Mostowe in na tymis cuming nor caus thair 
servandis birn peittis betuix Pasche and Hallow day vnder the pain of 
ten libs, monyc. 

October I St. Curia capitalis burgi de Elgin tenta in pretorio ejusdem. 
The quhilk day Thomas Zoung, Dauid Thomson, James Gardin and 
Alex r . Guthery war creatit bailzeis for the space of ane zeir quha maid 
thair ayth of fidelity for leill and trew administratioun of the said office. 
The said day William Hay was creatit scrybe quha maid his ayth of 
fidelety. The said day Martein Sinclair was creatit dempster quha maid 
his ayth of fidclyty as said is. 

Nomina communis consilii : The provest, the four bailzeis, Alexander 
Vinsister, minister [and 7 others]. The lynaris : Alex 1 '. Vinsister, elder 
[and 5 others]. The prysaris of flysche : Alex r . Vinsister, elder [and 6 
others]. The cunstaris : Franse Jhoneson [and 1 1 others]. 

Statuta. 

It is statut that the galloun of best eill within this bru'. salbe sauld for 
tua schillingis and the secutidar of minor prycc be discrctioun of the 
cunstaris. 

Item that na plak bred be baikin within this bru'. for the space of ane 
zeir to be sauld be na persone within the samyn vnder the pane of fourty s. 
vnla quhow oft thai contravein the same. Item that all personis within 
this bru 1 . baik tua penny leiffis of sufficient stufe and weill baikin to haif 
the veicht of aucht vnce vnder the pane of escheting of the haill baitchc 
baikin for ilk tyme. 

Item that the stane of nolt talloun be sauld for xij s. and scheip 
talloun for xiiij s. vnder the panis foirsaidis. The penny candle of ane 
xj inche lenth and of thiknes of ane beir coirn and the residew of 
candillis aboif the same according to the saidis statutis pryce. 

The pck of guid hoirs corn for x d. 

Item that sufficient barkit hyddis be sauld for xxx s. to all personis 
within this bru 1 . and insufficient of minor pryce vnder the pane of 
escheteing and that nane kary nor sauld the same vttouth this bru'. by 
the awys of the consall vnder the pane foirsaid. 

Item that all cordineris within this bru'. or vttouth the same that 
sail happin to sail schone within the same that thai sail the pair of 



1 57 1 -2.] BURGH COURT BOOK. 129 

menis schone for thre s. and the wemen schone for tua s. of the best 
thai haif and the secundar of minor pryce. 

That all personis slayaris of flesche within this bru 1 . or vttowth the 
same and bringis to be sauld within the same to bring the hyd, skyn and 
tallown to be sauld within the merkit of the bru 1 . foirsaid vnder the pane 
of escheting of the flesche. 

October 3rd. Villiam Zoung, sone and apperand air to Thomas 
Zoung, burges of Elgin, with consent and assent of the bailzeis cunsall 
and maist pairt of the burgessis of the said bru 1 . was maid burges and 
freman thairof quha maid his ayth off fidelity thairupoun according to 
the vse of burgessis for the quhilkis he payt fywe s. mony. Efter the 
quhilkis Alex r . Mill maid judicially assignatioun of ane of his auchten 
partis of land lyand within the greschip of the said bru 1 . in fauoris of 
the said William Zoung. 

1571-2. 

January yth. Head Court. The jugis hes assignit this day xv days 
to James Gardin to produce his evidentis for incerting him in the suit 
roll of this burgh for the landis of Sanct Duthakis cheplanre. 

January 2ist. The burrow court of the bru 1 . of Elgin haldin within 
the queir of the paroche kirk of Elgin. The quhilk clay David Torry 
and Jhone Mill, skynner, induellars in Elgin, producit thair supplicationis 
in wreit desyring the bailzeis, counsall and community burgessis of the 
bru 1 . of Elgin judicially present for the tyme to admit and ressaif thame 
as burgessis and freemen of the same, quhilk supplicationis and petitionis 
being red the bailzeis, counsall and community burgessis of the said bru'. 
all in ane voce admittit the saidis David and Jhone to the liberty and 
fredome of the said bru 1 . and that in respect of thair guid behaiffingis in 
tymes bypast quhilkis Dauid Torry and Jhone Mill maid thair aithis of 
fidelity to be trew and leill burgessis of the bru 1 . foirsaid and als 
vthirways as vse is of burgessis to mak thair faith of fidelity in tyme of 
thair creatioun for the quhilkis ilk ane of the saidis personis ar becum 
actit to pay to the thesaurer of the said bru 1 . to be furthcumand to the 
vtility of the commond weill thairof fourty schillingis mony of this realm. 

Villiam Gordoun was decernit to pay to Jhone Innes of Auchluncard 
thre libs, mony as souerty for Thomas Gillimichaell in Glasgrein. 

S 



130 RECORDS OF ELGIN. [I57 1 ' 2 - 

January 29th. Agnes Broun, spous to Androw Mill, was deccrnit in 
amcrtiament for the wrangous iniuring of Margaret Smyth, spous to 
Charles Gray, in calling her freiris hour, preistis hour, and thairfor hes 
fund Jhone Annand souerty for fyvc libs, gif scho iniuris hir the lyk in 
tymes cuming. 

February 2nd. Thomas Robertsone, burges of Elgin, becom actit to 
pay to James Gardin, burges thair, the sowm of tuenty ane libs, sax 
schilling!* audit penneis vsuall mony of this realm as souerty and 
cationer for anc rycht hono". Lady Dame Elizabet Gordoun, Lady of 
Finlatour, quhilkis failzeing to content and pay to the said James Gardin 
thretty tua bollis victuall for the said sowm of money to wit ane boll of 
victuall for ilk mark of money. 

February nth. Jhone Innes, lemmand to Bessie Hay in Elgin, was 
deccrnit to pay to Robert Tailzour xxxx thre schillingis four penneis 
vsuall money of this realm within twenty anc days for the rest of his fie 
for the biggyng of anc owne in Garmoch. 

March loth. Alexander Cuming, spous to Kathercn Dowglas, 
induellar in Elgin, be his awin confession was decernit to pay to 
Jhone Cramond in Inschekeill xxxv s. money betuix this and Palm 
Sunday for the pryce of fywe firlottis malt. 



1572. 

March 29th. Burrow Court. The jugis at the desyr of Wm. Zoung, 
sone to Thomas Zoung, burges of Elgin, hes ordanit that ane of the 
bailzeis of the said burgh with four circumspect burgessis of the samyn 
pas to the landis of the greischip thairof quhair Alexander Millis twa 
auchtcn partis of land lyis and thair cawill and diwyd the sone syd of 
tham fra the schaddow syd thairof that the said William Zoung may 
knaw and intromet with the ane auchten part thairof of quhilk lyis on 
the sune syd thairof be resson the said William Zoung hes gottin 
assignatioun thairof be the haill burgessis of the said burgh be dimissioun 
thairto be the said Alexander in thair handis in the saidis bailzeis handis 
judicially in fauoris of the said William. 

May 1 2th. Jennet Paterson, the relict of vmq 11 . James Guthery, 
sadler in Elgin, was decernit be hir awin confession to delyuer to Sir 



1572.] BURGH COURT BOOK. 13! 

Villiam Sutherland, person of Moy, ane irn pot quhilk sche borrowit fra 
him at the feist of Zowill in anno 1570 or the just awaill thairof. 

June 23rd. George Skadkaill and his spous was decernit to pay to 
Valter Innes, flescher, aucht s. mony and sufficient zewpingdaill within 
xv days in compleit payment of ane syd of beiff, ane quarter of multoun, 
four veymis of panscheis, fywe glang of nolt feit and ane zewpyngdaill 
laid in plege to the said Georges vyff to the said Valter and als decernit 
the said Georges vyff in amerciament for the wrangus injuryng the said 
Valter in callyng him scheipstaller and commond theif his fader decessit 
ane beggar and his moder ane commond hewr and all his sisteris 
commond theiffis and thairfoir to ask him forgiffyngis for the samyn and 
siclyk on Sunday nixt to cum to compeir in tym of preening afoirnoin 
in presens of the minister and congregatioun within the paroche kirk of 
this bru 1 . and siclyk ask the said Valter forgiffyngis and say thair to him 
scho knawis no thing to the said Valter his fader, moder nor sisteris bot 
guid and honesty and that the iniurius wordis scho spak was of na 
trewth vnder the pain of x merkis monye. Elspet Boyne, spowes to 
George Skadkaill, vas found in amerciament for the vrangus castyng of 
ane stain at George Robertson, smyth, on the kyngis / g / he get of this 
bru 1 . on Mununday the xvi day of this instant moneth and giffing the 
said George thairwith on the arme bla and bluid and thairfoir to content 
and pay for the damnege, hurt and skayth the said George hes sustenit 
throch the said hurt in nocht vynnyng his leiwyng be his occupatioun 
sensyn vi s. viii d. within xv days. 

July 2ist. Alexander Hardy, flescher, was decernit to pay to Robert 
Cowk in Bruchsey xxvi s. viij d. monye within xv days for the rest of the 
price of four multoun bowkis coft be the said Alexander fra him. 

July 3Oth. Alexander Sinclair in Elgin, sone to Sir Alexander 
Sinclair, chaplen, was decernit to pay to George Skadkaill, cordiner, ane 
boll sufficient victuall as cationer for Alexander Farchar in Glasgrein. 

September 3rd. Jhone Blindschein, sumtyme ane of the freiris 
predicatouris of Elgin, hes constitut, creatit and maid William Hardy, 
burges of Elgin, his lauchfull indowtit and irrevocabill powar, mandiment 
and chairge to persew as his procuratour all personis awand to him 
sowmes of mony or victuall or ony vthir guidis mowabill. 

October 6th. Head Court. The jugis hes ordanit twenty schillyngis 
zeirly annuell to be vptakin furth of the ruid of land sumtym pertenying 



132 RECORDS OF ELGIN. [l57 2 - 

to Sir John Gibson and now to Hector Angus lyand upon the north syd 
of the burgh of Elgin to be payit to Sir Thomas Robertson, chepland of 
Sanct Kathereinis chaplenry fundit within the paroche kirk of the said 
burgh and to his successoris cheplanis thairof, quhilkis failzeing to the 
provest, bailzeis, cunsall and thesauraris thairof to be furthcumand to the 
vtility and profeit of the commond guid of the said burgh as donatoris 
of the said chaplenry with vi s. viij d. to the thesaurer thairof and his 
successouris. 

Crcatio prepositi, balliuorum, clerici, officiariorum et administratoris. 

The said day Jhone Annand was maid provest of this bru 1 . Thomas 
Zoung, Dauid Thomsoun, Alex r . Guthery and Thomas Robertson, 
bailzeis of the said bru 1 . Sir James Jhoncstoun, William Hay, clarkis. 
Thomas Kair, Charlis Gray, Androw Kay, Androw Lang, officiaris, and 
Martein Sinclair, dempstar, quha mayd thair aithis of fidelity for leill 
and trewe administratioun of the saidis officessis accordyng to thair 
elcctioun for the space of ane zeir except Sir James Jhonistoun quha 
was nocht present the tym of the creatioun. 

October i6th. Candilmakaris : Mage Warden, Viddow Guthery, 
Margaret Laing, Jennet Kaberis, Alex r . Hardeis vyf, Mage Anderson, 
Androw Kayis vyf. 

Baikstaris of breid of quhyt and maill : Adam Grant, Robert Mawer, 
Recherd Robertson and Androw Schand. 

Statuta. 

Item that the plak leiff of breid of quhyt be of xx vnce vecht of 
sufficient bakkin breid and the twa penny leiff thairof be of x vnce vecht 
and the aitt leiff be said for twa pennies vnder the pain of delyng. 

Item that the stain of scheip talloun be sauld for xiiij s. 

Item that the stain of nolt tallown be sauld for xij s. 

Item that [na] persone within this bru'. pas vttouth the samyn with 
candill nor send nane vther persone or personis in thair namis vnder the 
pain of escheting thairof and banesching of this town. 

Item nain vther personis mak candill to sell excep the persons befor 
expremit. 

Item that the pect of guid hors coirn be sauld for x d. 

Item that the best barkit hyd that ony freman within this bru'. sail 
bark be sauld for xxx s. 



I57 2 -] BURGH COURT BOOK. 133 

Item that the best schoin that can be or salbe maid within this bru'. 
conuenient to mennis feit be sauld for thre s. and to wemennis feit or 
personis of sic quantety for ij s. 

Item that the flescharis bayth to bru 1 . and land that bringis or hes 
fleisch to sell within this bru 1 . to haif and bring the hyd, skyn and talloun 
thairof with the samyn to be sauld into the merkat and that na flesch be 
blawn nor spoulzeit. 

Item that the haill stallingeris of all craftisincn within this bru 1 . be 
arrestit nocht to work in thair buthis vpoun the foirget of this bru 1 . in na 
tymis cuming quhill thai obtein leceancc of the provest bailzes and 
cunsall of this bru 1 . 

Item [it] is statut that giff ony persone of the cunsall being warnit 
thairto being at hame and absent thairfra for ilk tym of his absens to 
pay viii s. 

Item it is statut that na eit kakis be bakin to be sauld vttovvth ony 
man or womannis hous of the bru 1 . 

October 25th. It is statut that na freman of this bru 1 . that salhappin 
to bark leddir sail sell ony to na persone quhill thai mak aduerteisment 
to ane of the bailzeis, quhairbe the bellman with the handbell may pas 
throch this bru 1 . to mak varnyng to all personis bayth fre and onfre 
thairanent to cum and resaue thair barkit leddir vpoun the pryce conform 
to the statut maid and that nain be sauld be na extranear quhill the 
townschip be seruit. 

It is statut that na vnfreman bark no oxin nor ky hydis within this 
bru'. nor uttuth the samyn within this schyr quhill thai obtein thair 
fredome bot only fremen of this bru'. vnder the pain of eschetyng 
thairof becaus it apertenis to no onfreman to bark and that nain of tham 
work no schoin nor buttis to na persoun within this bru'. of thair awin 
leddir within thair buthis nor vttuth the samyn quhill thai sail find 
souerity to keip the stattutis maid vnder the pain of fywe libs. 

November 3rd. Alexander Vinsister, minister, vas decernit to pay to 
Master Patric Balfour, master of the grammer scoill, xxx twa s. lent 
monye within xv days. 

Jhone Chalmer, flescher, vas decernit to pay to Thomas Hay, chapman, 
xi s. mony for the price of four elnis ane quarter and half quarter linyng 
clcth. 

Jhone Beig, tailzour in Elgin, was decernit to pay to Walter Innes, 



134 



RECORDS OF ELGIN. 



flescher, ane golden ryall allegit worth thre libs, ane thretty s. pecce with 
iij s. mony. 

Mr. Patric Balfour, master of the grammer scuill of the burgh of 
Elgin vas decernit to pay to John Anderson, flescher, xxvii s. monye as 
souerty. 

November 24th. Jhone Annand, provest of Elgin, be his awin propir 
confession was decernit and ordanit to content and pay to Thomas Mill, 
burges thair, xx ane s. vi d. monye within xv days as souerty and cationar 
for Isabel! Crysteson, lemman to Sir William Sotherland, person of Moy. 

December ist. Anton Williamsone wes decernit to pay to Andrew 
Welles, chepman, sevin schillingis sex d. for the pryce of fyve quarters 
poledawy canves. 

December 2Oth. The burrow court of the bru 1 . haldin within the 
queir of the paroche kirk thairof be Jhon Annand, provest, Dauid 
Thomson, bailze of the samyn the xx day of December. 

The quhilk day Alex". Guthcry, ane of the bailzcis of the bru'. of 
Elgin, at the command of the provest, bailzeis, consall and communitie, 
burgessis of the said bru 1 ., gef assignatioun of tua auchten partis of land 
lyand within the greifschip of the said bru 1 . quhilk pertenit to Andrew 
Kingcorn, burges thair, ane part thairof lyand within Baldonis hauch, 
Schanchory hill, Hruisland, Stanideillis, Bischopishauch, etc., and resignit 
be the said Androw in the said Alex 1 ' 5 , handis in fauoris of Rechard 
Robertson, his airis and assignais conform to the ordour and statutis of 
the said bru'. be clclyucrancc of ane vand as vse is ressavit furth of the 
handis of Thomas Kar, ane of the officiaris of the said bru 1 ., in taikin and 
vitnessing that the saidis tua auchtcnpartis of land sail remain with the 
said Rechard his airis and assignais conform to the ordour and statutis 
of this bru 1 . obseruit in tymes bypast for the quhilkis the said Rechard 
hcs payt instantlie and judiciallie fourtie schillingis vsuall mony of this 
realm to Jhone Annand, provest, for the entres silwer of the saidis tua 
auchten partis of land ad utilitatem reipublice. 

Christen Dunbrek, the relict of vmq". Alex r . Williamsone, burges of 
Elgin, wes decernit to delyuer to Jhone Williamson, burges of Elgin, hir 
sone the airschip guidis eftir following as air to his said vmq 11 . fader 
quhilk the said vmq 11 . Alexander hed in his possessioun the tyme of his 
deceis and intrometit with be the said Christen to wit ane pleuch and 
plew irnis, the best slingit(?) zok, ane kart, ane muksled, ane varstay, ane 



1 572-3-] BURGH COURT BOOK. 135 

almrie, ane metbuird with the treslis and furmis thairof, ane cheir, ane 
standend bed, ane greit kist, ane creuk and ane mask fat within xv days. 

The jugis decernit Valter Hay, goldsmyth, burges of Elgin, being 
oftymes callit and nocht comperand to pay to Jhone Lyntoun sevin 
schillingis four penneis for the rest of the pryce of tua lynkis of gold 
sauld be the said Jhone to the said Valter. 

George Gray, maltman, wes decernit to pay to Andrew Rag thre 
firlottis beir with his awin firlot with thre dischfullis of malt grund or 
ongrund and the said George becom actit for his wyff Janet Ingram that 
scho sail in all tymcs cuming abstein fra iniuring of Issabell Smyth, 
spous to the said Androw, in calling her vitche, kairling, pyker, sprodach, 
thcif or ony uthir kynd of iniurius wordis vnder the pane of fyve libs, 
money to be payt ad utilitatem reipublice and siclyk Androw Rag becom 
actit for his said spous that scho in na tyme cuming sail iniure the said 
George Gray in calling him steller of schcip or ony vther maner of 
iuiurius wordis. 



<572-3- 

January I2th. The quhilk day Alexander Thomsonc, sone and 
apperand air to Dauid Thomson, burges of Elgin, was maid burges and 
freman of the said bru 1 . be the consent and advyse of the provest, bailzeis, 
cunsall and community, burgessis of the said bru 1 . quha maid his ayth of 
fidelyte as vse is of burgessis to mak thair aythis in tym of thair 
admissioun of burgessis and payt thairfoir fywe s. to Jhone Annand, 
provest, to be giffin to the suddartis to by fyr to thair gardhows. 

January 25th. Ane blak quhyt hornit cow of four zeiris auld with 
her calf blak hummillit was sauld in Quhytwra for sevin markis. 

January 26th. Jannet Oudny, induellar in Elgin, wes decernit to 
delyuer to Thomas Colly, maissoun thair, ane stain aix pertenying to 
him quhilk scho ressavit fra him in plege of fyftein penneis monie for 
breid and aill providing the said Thomas pay her that same on the 
ressaving of the said aix. 

Mage Pakman, spous to Henre Froster, wes decernit to pay to 
Issabell Kemp, servand, aucht s. monie thre quarteris harn cleith and 
half eln of lynning cleith, ane pair mendit schone and oldren sark for his 



136 RECORDS OF ELGIN. [l57 2 -3- 

fie and buntays in seruice making to the saidis Henrie and Mage betuix 
the feistis of Vitsonday and Martimes last bypast. 

Thomas Gaw, cordinar, was decernit to pay to George Scadkaill, 
cordinar, sax schillingis aucht penneis quhilk the said George payt for 
him to William Hardcis wyff for playing aill quhilk he tint at the bylis 
this instant zeir. 

February gth. Issobell Kemp, now seruand to Jhone Vmfra, zounger, 
was decernit and ordanit to pay to Henry Froster, cordiner in Elgin, 
xviij d. monye for the remanyng fra hir servante makyng to him fywe 
oulkis betuix Vitsounday and Mertimes last bypast. 

February i6th. -Andrew Brodyc in Kirktoun of Duffous and Andrew 
Hay in Cowcsey becom actit and submittit tham to the jurisdiction of 
the provest and bailzeis to pay x s. monye to be furthcumand to the 
commond weill of the burgh for the howsing of quhyt fisches in tymis 
bypast and nocht presenting the samyn to bein sauld in the commond 
fischc mercat and alsua in caice thai or ony ane of tham do the samyn in 
lyk manor in tymes cuming the haill fysche that sail pertein to tham for 
the tym and quhow oft thai do the samyn to be eschet and confiscat to 
the said commond wcill. 

February 23rd. Walter Hay, goldsmith, was ordanit to delyuer to 
Thomas Robertson ane siluir spoin of James Ogilweis of Blaracheis 
contenand ane vnce and half quarter vnce wecht sufficiently maid or ellis 
of the vccht of the rest of the said James spunis within xv days and the 
said Thomas ordanit to delyuer to the said Valtir thre pundis vecht of 
grein zairn within xv days the said Walter payand for the littyng thairof 
to the said Thomas. 

March 2nd. Thomas Smyth, merchand, was decernit to delyuer and 
pay to Jhone Jameson, seruand, xij s. monye, twa pairs new schoin, ane 
pair new schoirt hois of quhyt cleth, ane pair auld brekis, ane auld 
castyng coit and ane eldren sark of the said Thomas for the said Jhonis 
fee and buntais in makyng seruice to the said Thomas betuix Vitsonday 
and Mertimes last bypast. 

Alex r . Hardy, fleschar, was decernit to pay to Criste Sanderis in 
Scherestoun for the pryce of ane zew xij s. vj d. 

March Qth. William Mawer becom actit to pay to Sir James Terras, 
chaplen, thre bollis malt. 

Thomas Annand, son to vmquhill Sir Jhone Annand, chaplen, was 



1 572-3.] BURGH COURT BOOK. 137 

decernit to pay to Hellen Mill ane sufficient croune of the sone quhilk 
Master Valter Gordoun hir sone send with him to gift" to hir twa zeiris 
bypast. 

1573- 

March 3Oth. Head Court. William Malcom was seruit air to his 
vmquhill fader in ane ruid of land on the north syd of the bru 1 . 
extendyng fra the kyngis he get of the said bru 1 . at the sowth part to 
the deid dreych at the north part. 

Andrew Vallas, merchand, becom actit to pay to William Mossct, 
leche, xvi s. monye for the heleing of Alexander Scherar quhilk he hurt 
and the said William actit to releiff the said Androvv at the handis of 
William Ferguson, leche, of ony payment making to the said William 
Ferguson for ony cuir he did to heill the said Alexander of the said hurt. 

April 1 3th. Blais Alues was ordanit to pay to Archibald Annand, 
burges, ane boll victuall for supporting him in giffing meit to Sir Thomas 
Robertson, chaplen, sen the xxv day of July in the zcir of God 1571 
zeiris quhill the said xxv day of the said moneth that nixt cumis. 

May 4th. Feing of the Pnndar. The bailzeis with consent of the 
haill nebouris of this bru 1 . hes feit William . pundar within this bru'. 
for keiping of the coirnis of this burgh for this present crop quhill the 
samyn be schoirin and led of the feildis thairof and that for payment to 
him of xxi s. iiij d. fie and his meit as uthcris pundaris gat in all tymis 
bypast and quha giffis nocht his meit to him as vse is to pay xij d. for ilk 
days meit he salhappin to want and ane plak for ilk heid of nolt or hors 
salhappin be tain upon the coirnis and ane penny for ilk heid of scheip. 
Ilk onfreman to pay iiij d. for the pundaris meit. 

May 1 8th. Valter Hay, goldsmyth, was decernit to pay to Jhone 
Chalmer, flescher, ten s. mony for beiff and multoun. 

George Skadkaill was decernit to pay to William Mosset, leche, xx s. 
monye as souerty for Villiam Thomson in Straythylay. 

July 6th. Christen Dunbrek, the relict of vmquhill Alexander 
Williamson, vas decernit to pay to Johne Donaldson ane boll victuall 
for supporting the said John in giffin meit to Sir Thomas Robertson, 
chaplen, sen the xxv day of July, 1571 yeiris, quhill the xxv of this 
instant moneth. 

T 



I 3 8 RECORDS OF ELGIN. [l573- 

The burrow court of the bru 1 . of Elgin haldin within the queir of the 
paroche kirk of the samyn be Thomas Zoung, Alex'. Guthery and 
Thomas Robertson, bailzeis of the said bru'., the xx day of July the zeir 
of God 1573 zeiris the suittis callit, the court fensit and lauchfullly 

effirmit. 

Nomina inquisitionis : Mr. Alex r . Dowglas, William Gaderar, Alex r . 
Dowglas, Jhone Rutherfuird, Thomas Vmfra, Recherd Robertson, Jhone 
Cuming, Jhone Grant, James Pringill, William Zoung, Robert Mawer, 
Dauid Vat, Dauid Torry, William Hardy, burgessis of the bru 1 . of Elgin, 
and James Gardin, indweller thair. 

COMES HUNTLY. The quhilk day comperit ane nobill and mychty 
loird, George, Erie of Huntly, and presentit ane breiffe of our souerane 
lord the kingis grace chappell purchcst at his instance for serving of him 
as neirest and lauchfull air to vmquhill George, Erie of Huntly, his 
fader of all and haill the lands and annuell rents with the pertinents 
quhilk his said vmquhill fader decessit at our souerane loird the kingis 
grace fayth and pace within the said burgh cleirly execut and indorsit 
be Charles Gray, officiar, at the command of Alex r . Guthery, ane of the 
bailzeis of the said bru'., quhilkis being red judicially and na oppositioun 
maid in the contrair be na person nor personis . . . the said nobill loird 
dcsyrit act of court and instrument thairupoun . . . quhilk petition and 
precept being red and oppin proclamatioun being maid at the queir duir 
of the paroche kirk of the said bru 1 . being the tolbw 1 . of the samyn for 
the tym in defalt of ane sufficient tolbw'. and na oppositioun maid in the 
contrair . . . quhilkis being red and publisit as befor exprimit the 
personis of inqueist remowit furth of court Thay being ryply and matury 
consultit and advysit vpoun the pointis of the said breiff and proclama- 
tioun and indorsatioun of the samyn and contentis of the said petitioun 
togiddir with the sasyngis and euidentis of the said vmquhill George, 
erle of Huntly and dame Eliz et . Keyth his vmquhill fader and moderis 
euidentis togidder with ane decreit befoir the loirdis of cunsall quhair 
the proces of forfaltour led and procedit aganis his said vmquhill fader 
was reducit and als vpoun ane instrument of sesyng quhair he was seruit 
as nerest and lauchfull air to his said vmquhill fader of the half of ane 
ackir of land of Culsauertlye callit the Courthill as principall mans of 
the landis of Culsauertlye at our souerane lord the kyngis grace derast 
moderis fayth and pace Thay haiff God and guid consciens befoir thair 



1 573-] BURGH COURT BOOK. 139 

eeis Thay reterit judicially in presens of the jugis aboin wrettin and 
thair be the mouth of Mr. Alex r . Dowglas, chancellar, nominat and 
admittit be all the personis of the inquest and movit and fand that the 
said vmquhill George, erle of Huntly, fader to George now erle of 
Huntly decessit the xxviij day of the moneth of October or thairby in 
the zeir of God I M . V c . threscoir and twa zeiris at our souerane loird the 
kyngis grace deirest moderis fayth and pace and that the said nobill and 
potent loird now George, erle of Huntly, is nerest and lauchfull air to his 
said vmquhill fader in and to all and haill ane tenement of land mans 
and dwellyng place within the said bru'. with howsis, biggyngis, zairdis, 
toftis, croftis and vtheris thair pertinentis quhatsumeuir lyand vpoun the 
north syd of the said bru'. betuix the landis of vmquhill Robert Innes 
burges of the said bru'. at the eist part and the landis of Sanct Ninian 
fundit within the cathedrall kirk of Murray than possedit and occupeit 
be vmquhill Cudbert Cuming at the vest part with the zaird of the 
samyn fra the commond he get quhilk passis fra the said bru'. to the 
kathedrall kirk foirsaid at the south part distcndand fra the dwelling 
place tharof extending in breid fra the zaird and landis of ane nobill 
Ladie Dame Eliz'. Dowglas, dochter to vmquhill hon 11 . man Dauid 
Dowglas of Pettindreych at the est part vnto the landis of vmquhill 
Jhone Cowe, burges of the said bru'. at the vest part and in lenth fra the 
landis of vmquhill William Innes Dauid Hardy Jhon Barbor and Cudbert 
Cuming at the south part vnto Harveishauch at the north part and that 
the saidis landis with thair pertinentis ar now worth be zeir the sowm of 
twelf puhdis vsuall monye of the realme of Scotland and war worth the 
tym of pace the sowm of thre pundis monye foirsaid and that the saidis 
landis with the pertinentis lyand and bundit as said is ar haldin of our 
souerane lord the kyngis grace be service of fre burgage and that the 
saidis landis with the pertinentis bundit and lyand as befoir exprimit ar 
and has bein in our souerane lord the kyngis grace handis sen the deceis 
of ane nobill Ladye Dame Eliz et . Keyth, Cuntes of Huntly, conjunct 
fear of the saidis landis quha decessit in the moneth of . the zeir of 
God I M . V c . threscoir and aucht zeiris in default of the just persuit and 
tytill to the saidis landis, mans, lugyngis, howsis, orchardis, toftis, croftis, 
pertinentis and pendiculis thairof bundit and lyand as saidis Quhilk 
Mr. Alex r . Dowglas, chancellar, protestit that the retour of the said 
service be nocht extractit furth of the court bukkis of this bru'. quhill 



I 40 RECORDS OF ELGIN. [l573- 

the said instrument of sesyng of Culsairetly be interit in to the burrow 
court bukkis of this bru'. and the decreit of the reductioun of the proces 
of forfaultry foirsaid be siclyk interit thairinto for the varrandice of thair 
seruice foirsaid quhilkis the jugis decernit and ordanit to be doin with 
the awyse and consent of the said nobill and potent loird and alsua the 
said Mr. Alexander, chancellar, for himself and the remanent personis of 
the inquest tuk act of court and instrument that na persone nor parteis 
comperit this day to oppoun or gainsay the pointis of the breiff indorsa- 
tioun proclamatione thairof the personis of the inquest suorn and 
admittit no pointis of the petitioun nor na part of the euidentis producit 
be the said nobill and potent loird this instant day for stoppyng of the 
said seruice of the quhilk instrument and decreit of reductioun of the 
process of forfaltory the tenor efter followis sequitur tenor instrumenti 
In Dei nomine Amen . . .* The tenour of the decreit of reduction of 
forfaltour eftcr follows : At Edinbru'. the xxiiij day of Janur the zeir of 
God atie thousand fyve hundreth threscoir sevin zeiris the Lords of 
Counsall vnder vrettin that is to say anc nobill and mychty lord James, 
Erie of Mortoun, Lord Dalkeyth etc. chancellor Reuerend fatheris in 
God, Alexander, bischop of Galloway, Adame, bischop off Orkney, Schir 
James Balfour of Pettindrecht, knycht, commendatour of Pettinveme, 
maister William Bailze, Lord Provand, Maister Alexander Dunbar, dene 
of Murray, Maister Robert Maitland, dene of Aberdene, Maister Jhone 
Vod, Maister James McGill of Rankelour, under dark of regester, Scher 
Jhone Ballendcn of Auchnoull, Justice Clark, and Rychart Maitland off 
Lethingtoun, knychtis, Maister Jhone Spens of Condie, aduocat to our 
souerane lord, Maister Henre Balnavis of Halhill, Maister Jhone Gled- 
stanis, Licentiat in the lawis Anent the summondis raisit at the instance 
of George, erle of Huntlie, for himself and as sone and air at the leist 
apperand air to wmquhill George, erle of Huntlie, his father Quhilkis 
wer infeft in the offices keiping of the castell and tenement of land 
respective efter specifeit befoir the making of the infeftment efter 

'The deed is of date I3th April, 1568, and bears that George, Earl of Huntly, presented 
before the notary public a breve of the King's chapel, setting forth that George, Earl of Huntly, 
father of George, now Earl of Huntly, died last vest and seised in half an acre of the lands of 
Culsaitetlie, called Court Hill, as principal messuage of the lands of Culsairetlie, and in the 
superiority of the said lands of Culsairetlie, and in the forest of Boyne, and the lands and 
lordship of Enzie, and that the said George, Earl of Hunlly, bearer of these presents, is nearest 
heir to George, Earl of Huntly, his father, in said lands, and that he is of lawful age. The 
King therefore commands sasine of said lands to be given to the said George, Earl of Huntly. 



I573-] BURGH COURT BOOK. 141 

mentionat Ouhair throw the said George, erle of Huntlie, hes guid 
actioun for himselff and for his interes as sone and air at the leist 
apperand air foirsaid respective To reduce the infeftmentis efter 
specifeit aganis ane noble and potent prince James, erle of Murray, 
Lord Abernethie, regent of this realme, and all vtheris havand or 
pretendand to haif interes in the mater efter specifeit Tuiching the 
productioun befoir the lordis of counsall of the pretendit infeftment 
maid and gevin be our souerane lordis darrest moder to the said James, 
erle of Murray, her brother and the airis specifeit thairintill heretable of 
all and heill the serefschip of the serefdome of Innernes and keiping of 
the castell thairof Togidder with the landis vnder wrettin gevin and 
assignit and in the chaker rollis zeirlie allouit for the fie and keiping of 
the said castell viz. the landis of Litillhiltoun, Pottcrland, Meikle Hiltoun, 
Casteltoun of Leifair, Culdovienit, Knockingill, Corbrek, Bellicoveritt, 
Essie, Cordortituid, Barrathine, Drumdalzak, Bochtobuie, Dunnavarrie, 
Dunnam c moir, Dancartache, Dangin, Dauchtoune, Dauchtarny, Dauch- 
lerig, with the fishing vnder the vail of the said castell pertenying thairto 
with all thair pertinentis lyand within the serefdome of Innernes as 
sumtyme pertening to the said George, erle of Huntlie, in heretage and 
as pertenyng and becum in to cure said souerane Lordis darrest moder 
the tyme of the making of the said pretendit infeftment be ressone of 
ane pretendit proces and dome of forfaltour led and deducit aganis the 
said George, erle of Huntlie, as at mair lentht is contenit in the said 
pretendit infeftment of the dait the vij day of May the zeir of God 
I M .V C . Ixiij zeiris with the sasing following thairvpoun [with an infeftment 
of date 22nd January, 1563, made by the king's mother to James, Earl 
of Murray, her brother, and his heirs, of the said office of sheriffship and 
keeping of the said castle with said lands and fishings, also an infeftment 
charter and precept of seasing given by the king's mother to James, Earl 
of Murray, his heirs and assignees, of a dwelling place and tenement of 
land in Elgin, " vpoun the northt syd of the commond passage thairof 
betuix the landis of vmquhill Robert Innes and Elizabeth Dowglas, 
Lady Pettindreych respectiue vpoun the est, the landis of wmquhill 
Rechart Cvmyng and wmquhill Jhone Cove respectiue on the vest and 
commond streit that passis to the cathedral! kirk off the said burght 
vpoun the southt and the landis callit Harweyshaucht vpoun the northt 
partis" in the queen's hands by reason of forfeiture. George, Earl of 



I4 2 RECORDS OF ELGIN. [l573- 

Huntly, compears by Alexander Sym his procurator and James, Earl of 
Murray, being personally present with his procurator Mr. Robert Strang, 
the Lords of Council with consent of James, Earl of Murray, rescind 
and annul the foresaid haill infeftments, charters etc. and decern the same 
to have been from the beginning and to be in all time coming of no avail, 
force nor effect. The aforesaid lands " war adiugit to pertene to our said 
soueranes darrest moder be ane pretendit dome and proces of forfaltour 
led aganis the said wmq 11 . George, erle of Huntle, his memorie and 
posterite in the parliament haldin at Edinburgh the tuenty aucht day of 
May the zeir of God 1563 zeiris for certan allegeit crymes of trassoun 
and lesemaiestie committit aganis our said soueranis darrest moder 
decerning him to haif incurrit the said crymes and thairfor to haif foir- 
faltit his haill landis and heretages."] 

July 27th. Jhone Chalmer, flescher, was decernit to pay and als 
delyuer to Jennet Cuming, spous to Jhon Annand, provest of Elgin, 
xviij s. mony for the rest of the price of thre elnis of milk and vatter 
cleth sauld be hir to him. 

July 30th. Gilbert Recherdson becom actit to pay and delyuer to 
James Innes ten bollis sufficient beir with the charty and fodder of the 
samyn. 

August ist. Jhone Anderson, flescher, becom actit to pay to Alex r . 
Dowglas aucht bollis beir with the cheraty and fodder quhilkis failzeing 
to pay to the said Sir Alex r . four merkis for the pryce of ilk boll. 

Actum extra judicium in presentia Johannis Annand prepositi burgi 
de Elgin et testium subscriptorum viz. Alexandra Vinsister, ministro de 
Elgin ct Thoma Hay, burgensi ibidem vigesimo octavo mensis August! 
anno domini millcsimo quingentesimo septuagesimo tertio. 

The quhilk day William Petirkin, vicar of Duple, renunciand his awin 
jurisdictioun and privilege and submittand him to the jurisdictioun of the 
provest and bailzeis of the bru 1 . foirsaid in the caice eftir following of his 
awin fre moteif will becom actit to content and pay to Jhone Robertsone, 
sone to vmquhill Jhone Robertsone, sumtyme burges of Elgin, the sowm 
of fyfty sax schillingis vsuall mony of this realm with four foullis betuix 
the dait heirof and the nativity of our Lord callit Zoull day nixt and 
immediatlie following the dait heirof and that for the maill and dewity 
of the hous and deid drych quhilk wes occupeit be Andrew Ingland 
and . Petirkin his spous of the termes of Vitsonday and Martimes of 



1 573-] BURGH COURT BOOK. 143 

the zeir of God I M - V c - Ixxi and threscoir tuclf zeiris quhilk hous and 
deid dreich vmquhill Bochan, tailzour, laborit and duellit into. 

September 3rd. Valter Innes, flescher, indwellar within the college 
of the cathedrall kirk of Murray renunciand his awin jurisdictioun and 
previlge and submittand him to the jurisdictioun and previlege of the 
provest and bailzeis of the bru 1 . of Elgin, etc. 

October 5th Head Court. Jhone Annand vas creatit provest for ane 
zeir as vse is. That ilk day Villiam Hay, Villiam Dowglas, vicar of Elgin 
and redar thair, James Thomson, minister of Birnay, vas creatit scrybis. 
Villiam Hay vas present and maid his ayth as saidis. Martcin Sinclair 
was creat dempster quha rnaid his ayth. 

Villiam Ferguson, leche in Elgin, be his avin propir confession 
was decernit to pay to Robert Schankis in Rothes xx s. mony for the 
pryce of certane wollin cleth quhilk the said W ni . maid galloun hose 
thairof. 

Valter Hay, goldinsmyth, burges of Elgin, be his awin propir con- 
fessioun was decernit to pay to Master Henry Thorntoun scruand to the 
chantour of Murray xl s. mony within xv days as procuratour for Mr. 
Jhone Thorntoun, persone of Advy, for the said Valteris hows maill had 
in tak of the said Mr. John. 

October I3th. James Chalmer in Garmach becom actit to delyuer to 
Alex r . Guthery twa barrallis salmon fische quhilkis failzeand to pay for 
the pryce thairof tuenty libs, vsuall mony. 

October isth. The quhilk day the provest, bailzeis, counsall and maist 
part of the burgessis of the bru'. hes consentit that Thomas Zowng, ane 
of the bailzeis of the bru'., gyff assignatioun of ane auchtcn part of land 
pertenying to Rechard Robertson lyand within the fcildis of Ouir Halchis, 
Thortourfeild, Heych Mering betuix the gettis quhilkis passis betuix the 
Callow Hill and Palmerfuird at the north and south partis and the get 
that passis fra the said burgh to the landis of Main and Greschip of Elgin 
to James Pringill, burges. 

Jhone Brabaner was creatit dempster of the bru'. 

November 2nd. Jhone Smith was decernit to pay to W m . Stewin ane 
boll sufficient victuall with the fodder and caff thairof. 

November 4th. Hector Angus becom actit to pay to Thomas Gait 
ten pundis as souerty for Robert Duncan in Garmach for the pryce of ane 
barrall of salmon fische. 



144 RECORDS OF ELGIN. [l573'4- 

December I4th. William Aldcorn was decernit to pay to Thomas Air 
xvij s. iiij d. monye twa castyng coittis, twa pairis castyng hois, four 
castyng sarkis and ane pair new schoin for the said Thomas fee and 
buntais in seruing the said William ane zeir bypast. 

1573-4- 

February 8th. James Gardin wes decernit to pay to Andrew Cowe, 
skalbert makar, tuelff schillingis mony for the hyr of tua hors furth of 
this bru'. to Strethspey in carieing of wictuall fra Allestar Macneill thair 
to the said James hous and als fyve schillingis for graithing of ane tua 
handit sword pertcnand to the barroun of the bait of Spey, item aucht 
schillingis mony for the hyr of tua hors tua tymes to Spey, ane for salt 
and ane vther tyme for skaillis of scalbertis, item sax schillingis for tuelf 
heukis tie in harvest, item for dichting of ane tuahandit sword pertenand 
to the said James and binding of the weve thairof tua schillingis. 

Katherein Straquhin, the relict of vmquhill Archebald Gaderar, sum- 
tyme burges of Elgin, wes decernit to pay to James Pringill ane boll 
victuall for supporting the said James in giving meit to Sir Thomas 
Robertson, chcplan, fra the xxv day of July in threscoir allevin zeiris to 
the xxv day of July nixtocum. 

William Ferguson, leitche in Elgin, wes decernit to pay to Rechard 
Robertsone fyfty seven s. sax d. mony for the rest of Inglis ping (?) cleith 
rcssauit be him to the Shereff of Murrayis wyff. 

March ist. Catherein Ros the relict of umquhill John Thomsone is 
decernit to pay to William Zoung ane boll victuall conform to hir rait 
for supporting the said William in giving mait to Sir Thomas Robertsone, 
cheplane, fra the xxv day of July 1572 to the xxv day of July nixt tocum. 
James Wat and Blais Alues war decernit to pay to Archibald Annand 
ane bol victuall for supporting the said Archibald in giffiing mait to Sir 
Thomas Robertsone, cheplane, sen the xxv day of July in Ix tuelff zeiris 
to the xxv day of July nixt to cum. 

March yth. Andrew Cowe was decernit to pay to Johne Woid, 
salbet maker iij s. as souertie for Margaret Murdoch his guid dochter for 
heling of hir leg. 

March 22nd. William Jamesone, tailzour, becom actit to pay to 
William Rechardsone, merchand, fourty s. betuix the dait heirof and 
Skirfurisday nixtocum. 



1 574-] BURGH COURT BOOK. 145 



I574-. 

April I4th. The quhilk day Thomas Mill, burges of Elgin, becom 
actit souerty for Alex r . Peterkin in Vnthank that he sail abstein fra 
carreing of ony fische fra the seis betuyx Spey and Findorn in all tymes 
cuming to the said bru'. vnder the pain of fywe libs, monye to be payit 
ad vtilitatem reipublice. 

May 24th. Comperit Siris Villiam Clark, vicar of Doffous, and Alex r . 
Sinclair of Eddinkeize and producit our souerane lord the kingis grace 
breiffe of Margaret Villiamson, dochter to vmquhill Sir Donald Villiam- 
son, chaplen, as procuratoris for the said Margaret desyring the jugis be 
ane petitioun giffin in be tham to caus serue the said Margaret of all and 
haill ane pece of land lyand vpoun the sowth syd of the bru'. 

June I4th. Alex r . Sinclair, son to Alex r . Sinclair, vicar of Iddinkeilze, 
was decernit to pay to James Howme, son to vmquhill Sir George 
Howme, chaplen, xv s. mony for seruicc maid be him to the said Alex 1 ', 
in Cathanes fra the moneth of Junij last bypast to the feist of Candilmes 
next thairefter viz 1 , in the zeir of God 1573 zeiris. 

June 1 8th. Catherein Cowe, relict of vmquhill James Sotherland, vas 
decernit to pay to Johne Beig, tailzeour, ane rois nobill, twa angell 
nobillis, and twa pistolat crownis quhilkis the said John haid and gef in 
plege to the said Kathereine of tuelf pundis and ellewin penneis money, 
provyding the said Jhone pay the said xij pundis xi d. to the said 
Katherein at the resauing of the samyn peices of gold foirsaid. 

July 1 2th. The quhilk day Johne Watson, trooper, wes creat and 
sworn dempstar of the burrow court ay and quhill he be dischargit and 
wes sworn to the said office for the samyn space. 

Comperit judicially Sir John Gibson, parson of Vnthank, as procurator 
for Margaret Williamson, naturall dochter to vmquhill Sir Donald Wil- 
liamsoun, chaplen, and thair producit ane breiff of our souerane loird the 
kyngis grace chappell dewly execut and indorsit, purchessit at the said 
Margaretis instance for serving her as nerrest and lauchfull air to 
vmquhill Jhone Villiamson, her broder, of all and haill the landis and 
annwell rentis with the pertinentis quhilk hir said vmquhill broder 
deceissit last vestit and sesit thairinto within the bru 1 . foirsaid at our said 

U 



146 RECORDS OF ELGIN. [l574- 

souerane loirdis fayth and pace togidder with the said Margaretis 
petitioun requyring the provest and bailzeis present for the tym and the 
pcrsonis of inquyst that the said Margaret mycht be seruit ncrrest air to 
her broder. [One of the two pieces of land that belonged to her brother, 
" quha decessit in the zeir of God ane thowsand fyw hunderyth fyfty and 
aucht zeiris or thairby," had " the place callit the grey freris place in the 
eist." She was duly served heiress.] 

July 26th. The quhilk day James Lewingstoun son to vmquhill 
Villiam Lewingstown was creatit ane of the dempstaris of the bru'. quha 
maid his ayth of fidelity for leill and trew seruice. 

July 3 1 st. Andrew Hay was decernit to pay to Sir James Spens, 
vicar of Alves, procurator and intrometter of the guidis and geir of 
vmquhill Villiam Marois in Petgownye the sowm of fourtein pundis sax 
schillingis aucht penneis vsuall monye of this realme. 

John Robertson was decernit to pay to James Pringall twa fir. victual! 
for supporting him in giffing meit to Sir Thomas Robertson, chaplen, sen 
the xxv day of July in Ixxiij zeiris vnto this instant day. 

August 23rd. Comperit ane hon 11 . man Robert Innes of Innermarky 
and produceit ane obligatioun maid be him to Master James Thorntoun, 
chantour of Murray and parsoun of Langbryd quha hes lattin in feufarm 
and heritage to the said Robert his airis and assignais his town and landis 
of Kirkhill of Langbryd being ane part of the patrimonye of the said 
personage. 

August 28th. Gilbert Kemp confessit in presens of the bailze that 
he had causit James Gardin becom actit souerty for him in the superin- 
tendentis bukkis of Murray that he suld abstein fra committing 
fornicatioun with Gelis Dauidson in all tymis cuming vndir the pain of 
ten pundis mony to be payit ad pios vsus and becaus he was nocht 
responsall for the said James releif of the said sowm of monye in cace 
he salhappin to committ fornicatioun with the said Jelis Dauidson and 
the said James be punesit thairfoir he hes puirly and simply resignit and 
renuncit fra him the lywrent of the haill ruid of land quhilkis he presently 
dwells into. 

Curia capitalis burgi de Elgin tenta in pretorio burgi de Elgin per 
Joannem Annand prepositum dicti burgi Alexandrum Guthrie Thomam 
Zoung ballivos dicti burgi quarto die mensis Octobris anno millesimo 
quingentesimo septuagesimo quarto sectis vocatis ac curia rite affirmata. 



IS74-] BURGH COURT BOOK. 147 

That day the provest and baillies of the bru 1 . of Elgin, counsall and 
comunate of the samyn present for the tyme hes assignit and maid 
assignatioun of ane auchtane part of land of the said bru'. quhairof ane 
part thairof lyis within the feild callit the Fluris quhilk pertenit to 
Walter Auldcorne, burges of the said bru 1 . and resignit be him in the 
handis of Thomas Zoung, ane of the baillies of this bru 1 . in fauoris of 
Sir Alex r . Dowglas. 

November 22nd. William Stewin, son to James Stewin, burges of 
Elgin, was fund convict for the breking of his ward in the passing furth 
of the tolbuyth and was decernit to haif tint his liberty and fredom of 
this burgh and to be denudit thairof as he had nevir bein maid burges 
thairof and to pay xl s. mony for his contemptioun. 

Villiam Stewin was decernit to big the sowth end of the twa ruidis of 
land quhilk pertenit to vmquhill Andrew Tailzour, masson, for halding 
furth of all travelleris in tym of pest. 

November 29th. James Peddir, son to vmquhill Sir Alexander 
Peddir, vicar of Vrray, producit ane charter of alienatioun maid be 
Thomas Kar upon ane ruid of land upon the north syd of the bru 1 . 
betuix the commond venall that passis to the place of vmquhill the 
freris predicatoris of Elgin at the eist on the ane part, and the lands of 
James Gardin at the west extending lineallie fra the kingis grace hie get 
towart the south vnto the fut of the castell hill callit our Ladyhill at the 
north. 

Actum extra judicium in presentia Magistri Alex'. Douglas prepositi 
de Elgin quarto die mensis Decembris anno Domini 1574 coram his 
testibus Thoma Hay, burgensi de Elgin et Joanne Dauidson burgensi de 
Dondei. The quhilk day Hector Angus, merchand, induellar in Elgin, 
of his awin fre motive will becom actit to content, pay and delyuer to 
Katherin Cowe the relict of vmquhill James Sutherland, alias Gereting, 
sumtyme burges of Elgin, ane barrell salmond fische full reid and sueit 
merchand wair betuix the dait heirof and the xx fourt day of Junij that 
nixt cumis within the town of Garmok and hevin of Spey quhilkis 
failzeand to content and pay for the pryce of the said barrell of salmond 
twenty markis vsuall monie of this realm within xv days nixt eftir the 
said twenty fourt day as pryce liquidat and convenit betuix thame vnder 
the pane of poinding of his guidis and geir or varding of his bodie 
within the tolbuith of this bufgh at the will of the said Katherein ay and 
quhill the contends heirof be compleitlie payt. 



148 RECORDS OF ELGIN. [l574- 

December 5th. Alexander Geddie, tailzour in Elgin, wes decernit in 
amerciament for the vrangus trubling of this bru'. in chasing Thomas 
Gaderar, burgcs thair, with ane quhongar to his slaichter and thairfor to 
rcmane within the tolbuith of this burgh fourtie aucht houris and gif he 
committis siclyk in tymes cuming to be baneist this burgh. 

John Beig, tailzour, wes decernit for the vrangus injuring of Rechard 
Robertsone in hervist to remane within the tolbuith fourtie aucht houris 
quhowsone he can be apprehendit and to pas on Sonday befoir the 
congregation befoir none and ask Richard Robertsone forgivnes for the 
iniurious wordis givin be him to the said Rechard and gif he committis 
sic in tymes cuming to be banisit of this town. 

December I3th. John Donaldsone, burges of Elgin, wes decernit 
and ordanit to pay to Sir Thomas Robertsone, chaplane thair, xxx thre s. 
four d. monic for xxv days meit and Thomas Mill, burges thair, xx four s. 
for auchtein days meit within xv days quhilk thay suld have givin to him 
befoir the xx fyft day of Julij last bypast conform to the ordinance of 
this bru 1 . 

Henry Froster, cordinar in Elgin, nocht comperand anent the clame 
of ane frensche blak kirtill vranguslie tane be him fra Cristen Robertsone 
induellar thair on flittin Fryday, and for dinging the said Cristen within 
her awin hous the jugis decernit the said Henrie to delyver the said 
Cristen the said kirtill and to remane within the tolbuith xlviij houris for 
the dinging of hir. 

Thomas Rechardson, burges of Elgin, wes decernit to pay to Mr. 
Patric Balfour master of the grammer scoill four s. mony in name and 
behalf of Alexander Boynd, burges thair, and Alexander Vinsister, 
minister, xxxv s. monie within xv days in compleit payment of all restis 
bypast awand to him conform to thair rait quhilk thai ar addettit to pay 
be ordinance of this burgh. 

Stevin Cowpar wes decernit to pay to Alex r . Grant in Raffen xx s. 
monie for the rest of certane knappiscall schellis and Thomas Rechardsone 
aucht s. for the rest of Poldavie canves and ane pair of gairdy slevis to 
his wyff. 

Elspet Moir, spous to Johne Foirdyse, saidlar, renuncit hir coniunct 
infeftment of ane tenement or pece of land lyand within the immunitie 
of the college of the cathedral! kirk of Murraye betuix the commond 
vennell and the land of vmquhill Sir William Zoung, now pertenand to 



1 574-5-] BURGH COURT BOOK. 149 

the airis of Andrew Boynd, at the west arid the land of Sanct Gelis 
cheplan fundit within the cathedrall kirk of Murraye at the est extending 
fra the hie get callit the Darne rod quhilk passis fra the town of Elgin to 
the said cathedrall kirk at the north to the landis and mans of the cheplane 
of Sanct Michaellis cheplanrie fundit within the said cathedrall kirk at 
the sowthe and als ane pece land contigue adjacent to the said tenement 
or pece land forsaid betuix the said tenement of land forsaid at the wast 
and the land of the said Sanct Gelis cheplane at the est extending fra 
the said Darne rod at the northt to the said mans of Sanct Michaeilis 
mans and cheplan afoir exprimit at the sowtht. 



1574-5- 

January i8th. [Brief of date pth January, 1574, at Dalkeith, to the 
provost and bailies of Elgin, from King James, with advice of James, 
Earl of Morton, Lord of Dalkeith, regent, anent the King having made 
John Douglas and John Cuming, y r . of Ernside, his bailies of the Earldom 
of Murray, and other lands within the Sheriffdoms of Elgin and Forres, 
Nairn and Inverness, pertaining in liferent conjunctly or tercc to Dame 
Agnes Keith, now Countess of Argyll, relict of " vmquhill James, Erie 
of Murray, Lord Abernethie, that last decessit."] 

John Macinra within the paroche of Dollcs being persewit for the 
halding fra James Cuming in Glasgreine of ane dissone deirskynnis the 
jugis absoluit the said Johne be his aith. 

Alexander Nicoll, spous to Bessie Robertsone in Elgin, wes decernit 
to pay to Johne Thomson seruand to Alexander Dunbar of Mochram 
sax schillingis aucht penneis monie for the pryce of ane javelling. 

January 3ist. Margaret Watson, dochter to Johne Vatsone, cowper, 
wes decernit to pay sax schillingis monie for the prycc of ane sark quhilk 
Hector Angus geff hir to vesche and stowin in hir defalt and Thomas 
Mill to pay the just pryce of ane blak bonat tane be the said Thomas of 
the said Hectoris heid the space of thre zeiris bypast. 

John Vmfray, burges of Elgin, wes decernit in amerciament for the 
vrangus cuming to Alexander Douglas, cordinaris house thair in the 
moneth of December last bypast under sylence of nicht and thair casting 
vranguslie ane coigfull of aill in the said Alexanderis face without ony 



ISO 



RECORDS OF ELGIN. [l 574-5- 



occasioun done to him be the said Alexander and thairfor to content and 
pay to the said Alexander als mekle mony as the said Alexander is 
decernit or salhappin to pay to the Shereff of Murray or his deputtis 
for the bluid giffing to the said Johne at said tyme beressoun the 
occasioun of the bluid drawing of him movit of him selff as said is. 

February /th. Achilles Greive wes decernit to delyuer to Thomas 
Vmfray sax sufficient maskis of draff. 

March 4th. Katherein Ros, the relict of vmquhill Johne Thomsone, 
burges of Elgin, wes decernit to keip neborat in schawing masleach in 
the Schanehery hill and in the north syd on the landis lyand on the syd 
of the landis pertenand to Rechard Robertsone lyand in the said feldis 
or at the leist to keip skaithles the said Rechard of the citing of his 
cornis growand contigue on the syd of hir said landis. 

Thomas Vmfray wes decernit to mak and set als sufficient willing 
treis in maner of ane hege and to big ane sufficient dyk of stack and rys 
as the samyn wes the tyme that he tuik doun the samyn without licence. 



1575- 

April i ith. The quhilk day James Cowe wes feit punlar for keiping 
of the cornis of this bru 1 . quhill the samyn be led in to the zairdis be the 
provest, bailzeis, counsall and comunite of the samyn quha hes fund 
William Hay, elder, burges of Elgin, souertie and cationer for payment 
making to the said James of xxx tua s. monie for his fie for keiping of 
the said cornis, the ane half to be payt at Vitsonday and the uther half 
to be payt at the innyng of the saidis cornis. 

May 1 6th. Comperit George Douglas, naturall sone to vmq 11 . Sir 
James Douglas, vicar of Kynneddour, and presentit oure soverand lordis 
letteris of legittimatioun vnder his grace greit seill quhilk George exhortit 
the jugis that thay wald cais insert the samyn within the court buikis be 
thair dark of court and als ane of the officiaris of the bru'. to pas with 
the said dark to the mercat croce and thair to publice and proclame the 
said George legittimatioun [which was accordingly done. A copy of the 
letters of legitimation, of date 3oth March, 1575, is inserted in the Court 
book.] 



1 575-7-] BURGH COURT BOOK. 151 

October iith. It is statute and ordanit that all jugis within this bru'. 
and burgessis of the samyn for the space of ane zeir sail entir to all 
courtis within the tolbuith of the said bru'. at the hour of ten befoir none 
thai being within the said bru 1 . vnder the pane of aucht schillingis vnlaw 
onforgivin. 

It is statute and ordanit that na flescher within this bru'. nor without 
this bru'. in na tymes cuming sail pas vttowth this bru'. on markat days 
to by na kynd of bestiall nor fouliis wyld nor tem that ar cumand to the 
mercat to na uther persone bot samekle as servis for thair awin hous nor 
zeit to by na fleschis slane fra uther flescheris havand or bringing the 
samyn to the mercat vnder the pain of xx s. vnlaw the bestiall fouliis and 
fleschis to be eschet quhow oft tymes the present statute be contravcnit. 

It is statute and ordanit for keiping of guid ordour within this burgh 
of all statutis maid herinto that the four bailzeis and officiaris keip the 
tua mercat days of this burgh weiklie for the space of ane zeir. 

That na plak breid nether of breid of quhyt nor breid of aittis be 
baikin within this burgh for the space of ane zeir vnder the pane of 
delling, and that tua pennie breid be baikin sufficientlie of sufficient stuff 
of ten vnce wecht and the tua pennie leiff of breid of aittis of fourtein 
vnce wecht under the pane of delling the haill baitch, and that na 
personis baik kaiks within this burgh to sell outtowth thair housis vnder 
the pane of aucht schillingis vnlaw. 

That the gallown of best aill be sauld for tua schillingis aucht 
penneis and the werst to be sauld for thre penneis as the cunstaris sail 
think expedient. 

That na mennis schone be sauld derrar nor tua s. aucht penneis the 
pair and wemennis schone for xx penneis and bairnis schone of less 
pryce vnder the pane of aucht s. monie. 

November 2ist. Barbara Catour in Elgin becom actit to delyver to 
Jhon Blincher, sumtym ane of the freris predicatouris in Elgin, ane 
timmer quart stop, ane pair pot bowlis and ane mowtche quhilk he gef 
hir in kepyng. 

1576-7. 

January I4th. The burrow court of the burgh of Elgin haldin within 
the tolbuith of the samyn be Jhone Annand, provest. The quhilk day 



152 RECORDS OF ELGIN. [ 1 576-7- 

James Stewin wes creat dempstar and suorn for the executioun of his 
office. 

February 3rd. Jennet Zoung, relict of William Smyth, and the rest 
of the personis eftir following at the instance of Androw Dowglas in 
Vnthank, chalmerlain to ane honorabill man, Archibald Dowglas of 
Pettindreich and heritable possessour of the few landis quhilk pertenit to 
the freris predicatouris of the burgh of Elgin, ves decernit to pay to the 
said Androw the annuells of said landis for the zeiris of God 1575 and of 
1576 zeiris, viz et ., Jennet Zoung twa s., Item Wm. Hay, zounger, four s., 
Dauid McWilliam xij s., Jhone Vmfra four s., Blais Alues four s., the 
mans of Sanct Anna fundit within the cathedrall kirk of Murray sumtym 
occupeit be Sir Jhone Gibsoun and Sir Jhon Russall sax s. viij d. and 
Patrc Andersoun four s. and the remanent personis of the said bru 1 . 
being varnit to haif payit the annuell rent quhilk thai and thair pre- 
decessouris var addetit in payment to the vmq". freiris predicatouris of 
Elgin and comperand viz et . Thomas Zoung, Thomas Watsoun, Robert 
Tailzour, Thomas Vmfra, Alex r . Vinsister, zounger, Margaret Glassin- 
wrecht, Jhone Cuming, as was desyrit be the said Androw Douglas 
conform to ane inventour of ane rentall ansuerit and said that thai ar 
and salbc ordanit to pay the annuell rentis contenit in the said rentall ilk 
ane for thair awin partis provyding the said Androw Douglas prewe be 
wreit and vitnes the saidis freiris to haif bein in vse and possessioun of 
the payment thairof furth of the landis in ony tyme bypast. 



1577- 

July 29th. Elspet Boyis, spous to George Skadkaill, cordiner in 
Elgin, confessit judicially that scho brak ward in passing furth of the 
tolbuyth of this bru 1 . on the xv day of this instant moneth, scho being 
arrest thairinto be the officiar of the said bru'. at the bailzeis commandis. 



1577-8. 

February 7th. Nicolas Vrwell, induellar in Elgin, becom actit to pay 
to Sir Thomas Gil, chaplan, redar at the kirk of Abercherdour ten pundis 
vsuall mony of this realme. 



1 578-9-] BURGH COURT BOOK. 153 



I578- 

December 8th. Nicolas Vrvell was decernit to pay to John Murray, 
milwart at the Sheriff mill, fyvetein schillingis for nocht keiping his 
promeis to vphald the cow with calf quhilk he sauld to the said Johne 
Murray. 

Jannet Gowdy wes decernit to pay to Katherein Jak, sumtyme hir 
servand, fyvetein schillingis and tua pairis new schone quhilk scho 
promisit to the said Katherein for hir fie and buntay for hir service maid 
to hir be the space of ane zeir. 



1578-9- 

January I2th. The quhilk day Villiam Dovvglas, vicar of Elgin, Vas 
creat ane of the clairkis and scrybis off court of the bru'. of Elgin for 
the space of ane zeir and forder quhill he be discharge!! be provest and 
bailzeis of the said bru 1 . for the tym quha maid his ayth of fidelitie for 
leill and trew vsing of the said office of the clairkship in all burrow courts 
of the said bru'. as vse is. 

January 26th. Andrew Mill wes decernit to pay to Symon Cramond, 
smyth in Elgin, the sowm of tuentie thre schillingis vsuall money of this 
realme restand awand be him to the said Symonis wyff for meit and 
drink coft be the said Andrew fra hir. 

February i6th. William Auldcorn was decernit to pay to Alexander 
Stewart, walkar, ane zaikin almerie. 

James Mechell, burges of Elgin, was decernit in amerciamcnt in the 
wrangus saying judicially to the provest I kair nocht quhat ze can or 
may do vnto me and siclyk for the provoking W m . Hardy, bailze, on the 
xxi day of this instant saying to him giff yow be better nor me suaill for 
your lyff, cum doun to your awin zaird end and awow the dinging of my 
vyf and thairfoir the rest of the jugis with awys of the maist part of the 
cunsall for sic causis and vtheris his demereittis bypast be his misordour 
within this burgh decernit the said James to haif tint his fredome and 
liberty of burgeschip of this bru 1 . in all tymes cuming and to be arrestit 
within the tolbuith thair to remain ay and quhill he find caution. 

v 



154 RECORDS OF ELGIN. [1580. 

March 4th. It is statute that the pair of mennis schone be sauld for 
thre schillingis and the wemennis schone for tua schillingis and bairnis 
schone for xviij d. thay being of saxtein zeir auld and gif thai be of Ics 
age nor tuelf zeiris auld the schone for sic bairnis to be sauld for xij d. 

It is statute that na market be haldin upon Sonday within this burgh 
except maittis and that only quhill half hour to ten vnder the pane of 
cschcting of the gudis and geir sauld and sellen gif bny be apprehendit. 



1580. 

March 26th. Dauid VVynsister judicialie rcsignit fra him ane half 
auchtcn part of land lyand within the grcischip of the burgh of Elgin 
quhilk sumtymc pcrtenit to Johnc Rothcrfuird, burges, in the handis of 
Thomas Zoung, ane of the bailzeis of the said burgh in fauoris off 
Alexander Grant, burges thair, vpoun ane reversioun of tuantie schillingis 
monic quhilk Thomas Zoung, bailzie forsaid geff assignatioun of the 
said half auchten part of land to the said Alexander Grant be deliuerance 
of ane officiaris wand as use is and that with consent of the provcst, 
rcmancnt bailzeis, counsall and commurite present for the tyme for the 
quhilkis the said Alexander Grant payt and deliuerit instantlie ten 
schillingis monie to William Hay, court dark of the said burgh as cntres 
silucr of the said half auchten part, vpoun the quhilkis the said Alexander 
and Dauid tuik act of court. 

The quhilk day Thomas Zoung, ane of the bailzeis of the burgh ol 
Elgin, with consent of provest etc. gef assignatioun of tua auchten partis 
of land pertening to Alexander Wynsister, minister of Elgin, lyand 
within the greschip of this bru 1 . to Dauid Wynsister, burges thair, be 
deliuerance of ane officiaris wand, quhilk Dauid Wynsister payt fourtie 
schillingis monie to William Hay, court dark for his entres siluer of the 
said tua auchten partis. 

Johne Innes, spous to Bessie Hay in Elgin, is becom actit souertie 
that Thomas Laing in Correlwoid sail karrie na quhyt fyscheis to the 
burgh of Elgin to be sauld thair in na tymes to cum without leceans be 
grantit to him be the provest, bailzeis and counsall of the burgh forsaid 
under the paine of tuentie schillingis and escheting of the fysche. 



1580.] BURGH COURT BOOK. 155 

George Wauis, burges of Elgin, was decernit to deliuer to William 
Tarras, naturall sone to Sir James Tarras, the press quhilk he had 
perteining to the said William. 

The jugis ordanis Alexander Boynd, burges of Elgin, to intromit 
with the haill muk presentlie lyand be eist the south duir quhilk George 
Gray, maltman in Elgin, presentlie duellis into inrespect the said George 
wranguslie keist down ane mude gavell of ane hous pertening to the said 
Alexander and howkit his zaird quherwith he maid the said muk by his 
attollerance. 

May 2nd. That day Johne Innes, burges of Elgin, comperit judiciallie 
and thair producit and geff in ane wreitting to the provest, bailzeis and 
counsall of the burgh of Elgin humilie mcnand and schawand that 
contrar the lovabill lawis of the realm and vse of this burgh obseruit in 
tymes past he hed consentit to the making of Robert Inncs of Inner- 
markie provest of this burgh quhilk now he knew to be contrar the 
commond weill of the said burgh desyring and craving therfor thair 
honouris pardoun and for the offensis foirsaid he wald submit him in 
thair willis quhilk being red the jugis, counsall and comburgessis ressauit 
the said Johne in thair willis quhairupoun the said Johne desyrit act of 
court. 

Anthon Cowe, armorar, burges of Elgin, wes decernit to deliuer to 
Alexander Watsone in Ardgy ane buclair sword quhilk the said 
Alexander deliuerit to him to dycht. 

Andrew Cowe, scabbertmacker, burges of Elgin, wes decernit to 
deliuer to John Mawer in Vrquhart ane tua handit sword quhilk he 
ressauit fra the said Johne the space of tuentie zeiris syn to dycht and 
grayth. 

May 8th. Actum extra judicium coram his testibus domino Jo e . 
Gibson, rectore de Vnthank, Andrew Douglas in Vnthank et magistro 
Hectore Douglas, rectore de Ancrum (?). That day Alexander Duff of 
Torrisoill hes constitut Jhone Hamiltoun, servitour to George, Erie of 
Huntly, his procurator. 

June 3<Dth. The provest, bailzeis and maist parte of the counsall off 
the burgh being convenit within the tolbuith of the said burgh for 
observing the kingis grace maiesteis lawes ordinancis and statuttis of 
this realme and also for observing the statutis and ordinancis off the 
cinodell assembleis maid and statut be the ministaris, eldaris and deaconis 



156 RECORDS OF ELGIN. [1580. 

off this realme in tymes bypast hes statut and ordanit that na persone 
within this burgh ather freman nor onfreman nor that vyssis in ony tym 
to cum sail pretend or caus mak ony fyris vpon the he calsay of this 
burgh on Sanct Jhonis evvin or Sanct Peteris ewin in the monethis of 
Junij or ryd in disagysit maner within this burgh on Sanct Necolas day 
or Sanct Necolas ewin in the monethis of December in ony tymis 
cuming vnder the pain of tinsall of thair fredome that ar burgessmen 
and burgess vyffis and quhat pcrsonis thair ar noth fremen and fremenis 
vyffis that sal happin to contrawein this present statut and ordinance to 
pay ten pundis and gif thair be nocht responsall of the said sowme of 
money to be put in vard within the tolbuith of the burgh forsaid for the 
space of ane moneth without any releiff. 

Siclyk it is statut that nedir freman nor onfreman within this burgh 
in na tymes cuming sail beir or weir jak, pleit slewis, culvering, dag, 
pistoll nor suord upon tham within the said burgh without speciall 
leceans of the provest and bailzeis and maist part of the counsall. 

July 4th. The burrow court of the burgh of Elgin haldin within the 
tolbuith of the samyn be Johne Annand, provest thairof, William 
Gibsoun etc. bailzeis. John Annand, provest of Elgin, vas decernit and 
ordanit to content and pay to George Gray, maltman in Elgin, thre bollis 
sufficic'nt victuall within xv dayis as souerty and cautioner for Sir William 
Sutherland, person of Moy. 

July 5th. James Zoung, armourar in Elgin, wes decernit to pay to 
Anthon Cowe, burges, tuentie tua schillingis sax penneis for the pryce of 
sewin pair of sword gairdis. 

July 1 8th. The aikin tre won be Nicolas Vrvell in the schort Boig 
within the propertie of the burgh of Elgin wes decernit to be arrestit in 
behalf of the provest, bailzeis and counsall. 

James Cuming, multarar at the auld miln of Elgin wes decernit to 
pay to Alexander Philp in Glasgrein fyve s. for the symmering of tua ky 
to him in symmer last wes. 

July 3oth. Cristen Forbes, spous to Johne Mow, fidler in Elgin, is 
pcrsewit be Thomas Smith, officiar for ane mask fatt. 

James Zoung, armorar in Elgin, being persewit be Anthon Cowe for 
the nummer of saxtein sword bleddis is absolvit. 

August 23rd. John Innes, sumtym in Reidhall, now induellar in 
Elgin, as souertie for James Brown in Danskin wes decernit to pay to 



1580.] BURGH COURT BOOK. 157 

Thomas Smyth, merchand burges of Elgin, ane barrell, half barrell and 
the third of half ane barrell sufficient salmon, full reid and sweit, 
merchand wair betuix the dait heirof and the feist of Mechaelmes that 
nixt cumis vnder the panis of poynding with ten schillingis for the 
expensis of the pley at the day foirsaid. 

September loth. Actum extra judicium in presentia honorabilis viri 
Johannis Annand, prepositi burgi de Elgin coram testibus. The quhilk 
day Alexander Wynsister, minister, burges of Elgin, of his awin fre 
motive will becom actit to content, pay and deliuer to Mechaell Fuird, 
messinger, audit bollis sufficient wictuall with the cherratie betuix the 
dait heirof and the feist of the purificatioun of Our Ladie callit Candilmes 
pay that nixt cumis vnder the panis of poynding. [Signed] Alex. 
Wynchester minister of Elgin. 

October 3rd. Curia Capitalis. Abscntes : The Abbot of Kynloss, 
Alexander Gordoun of Baldorneych, Jhon Ros of Baliuat etc. John 
Annand was creatit provest. Alexander Douglas presentit leteris of 
exemptioun [of date 9th March, 1575] and the jugis with detfull 
reuerence admittit and ordanit the samyn to be registrat within our 
court bukis : REX understanding that cure lovitt Alexander Douglas is 
appoyntit redar at the kirk of Essil and seruis the cure thairof as alswa 
is agit and seiklie and can nocht thairfoir be absent fra the cuire of the 
said kirk to pas vpoun assyse or inquestis or zit to serue us in our oistis, 
raidis, weris and armeis except we wald altogidder lichtlie and neglect 
the cure of his office nather is it meit or convenient that ane man of his 
vocatione suld be fasched, trublit and cummerit with wardlie afferis 
quhairby he micht be withdrawin fra his cure and office, thairfoir we 
haiff grantit our speciall'licience to the said Alex r . Douglas to remane 
and byde at hame fra all oure oistis, raidis, armeis, weris, gadderingis, 
assemblies and wappinschavis etc. 

It is statut that the galloun of best aill be sauld for threttie tua 
penneis and the warst for minor pryce at the command of the cunstaris. 

It is statut that the plak breid of quhyt be baikin sufficient breid of 
saxtein vnce trois wecht the tua pennie breid effering thairto and the 
breid of aittis sauld for tua penneis be tuelf vnce wecht foirsaid and na 
breid of aittis to be baikin for plakis vnder the payne of escheting. 
That the best pair of menis schone be sauld for thre schillingis and 
wemennis schone for tua schillingis, bairnis schoin of saxtein zeris aigit 



158 RECORDS OF ELGIN. [1580. 

for auchtein penneis and of tuelf zeiris aige for xij penneis and quhaeuir 
refusis to do the samyn it salbe lesum to the byer to tak the schone and 
lay doun the siluer to the sellar and gif any cordiner will not suffer the 
samyn to be done the byer requering witnes and plainting to the provest 
and bailzeis foirsaid thairupon the cordiner salbe callit and convict in ane 
unlaw of aucht schillingis for ilk tyme thay contravein the present statute. 

It is statut for keiping of guid ordour of all statutis maid within this 
bur', that the four bailzeis and officiaris keip the tua mercat days weiklie 
within this bru'. Item that the moss be diwydit upoun Fryday the 
fourtein day of October instant. 

November I4th. Jannet Thomson, relict of vmquhill William Smyt, 
sumtym burges of Elgin, wes decernit and ordanit to content and pay to 
William Musset, leitche in Elgin, fourtie schillingis monie betuix the dait 
heirof and the tuentie day of the moneth of December nixt to cum for 
the heling of Hierom Smythis fynger hir sone, quhilk wes cuttit fra him 
be Alexander Thomsone, burges thair. 

November 28th. Anthon Cowe, skalbertmacker, burges of Elgin, wes 
decernit to pay and deliuer to Agnes Allan ane new quhyt petticoit with 
ane casting sark fra the said Anthonis wyffis bak in compleit payment of 
hir fie and bountays promisit be thame to hir for the nursing of thair 
bairne. 

October ist. [Head Court of the burgh of Elgin held in the choir of 
the Parish Church by John Annand, provost, and William Hay, Thomas 
Young and William Gibson, bailies.] 



1581. 

June 1 2th. Thomas Gait wes ordanit to pay to Sir Alexander 
Sinclair, ane of the chaplanis of the cathedrall kirk of Murray four 
pundis ten schillingis mony as thre zeiris annuall rent for the ruid of 
land callit Logeis land provyding the said Sir Alexander deliuer ane 
sufficient acquittance to the said Thomas for the said sowm subscryvit 
be the maist pairt of the chaplandis. 

June 1 5th. Katherein Cowie, relict of wmq 11 . James Sotherland, hes 
becom actit to pay to Johne Dowglas, prebendar of Russill, and to 
Robert Hepburn, granatar of Spynie, factoris to Andrew Douglas, 



1581.] BURGH COURT BOOK. 159 

donator to the escheit of the rest of the tackis of the teynd salmon of 
the thre coblis of Innerspey quhilk umquhill George Douglas, vicar of 
Aberchirdour, taxman thairof possessit during his lyftyme, the pryce of 
sax barrellis salmon fysche. 

June iQth. Sir James Tarras wes decernit to pay to Alexander 
Thomson, burges of Elgin, ten schillingis sax penneis for the annuall 
rent of the hous quhilk sumtym pertenit to Andrew Andersoun, minister 
at Loth, now to the said James, lyand within the Gray freir wynd. 
Alexander Rob, maltman in Elgin, wes decernit to pay to Nicoll Boynd 
in Aikenheid tuelf schillingis four penneis for sax leittis of peittis and 
fyve firlottis malt sauld be the said Nicol to him. Anthon Cowe wes 
decernit to pay thre pundis money for tua hunderit leidis muk he 
promised to deliuer to William Hay betuix the loyn dykis of the wynd 
quhilkis passis fra the grammer scoill of the burgh of Elgin and the 
moss thairof. 

July 3rd. Alexander Forbes, chapman, hes catioun that he sail 
nocht oppin boyth within the burgh of Elgin nor by nor sell ony sort of 
stapill guid nor vse the libertie of ane freman. William Chalmer wes 
chargeit that he sail nocht sell na kynd of stapill guid sic as salt, hemp, 
lint, woll, seip nor na vther sort of merchandreis nor hald oppin buyth 
within the burgh of Elgin till he obtein his libertie of the said bru'. 
vnder the payne of escheting all his guidis and geir movabill. 

The bailzeis ordanis the officiaris to pas to the personcll prcsens of 
the haill personis within this burgh addetit in payment of the annuall 
rentis pertening to the chepland of Sanct Duthois chaplandric fundat 
within the paroche kirk of Elgin and charge thame for to mak payment 
thairof to Johne Annand, sone to Johne Annand, provest of Elgin, quha 
is lauchfullie provydit to the said chaplandrie be his said fader patroun 
of the said chaplanrie lyk as he is to all emolumentis and proffeittis 
thairof be the demission of Sir Johne Gibsone last chapland thairof. 

Patrik Rattray wes decernit to pay to Walter Innes, indwellar within 
the college of the cathedrall kirk of Murray saxtein pundis of dampnage 
and skayth through the insufficiencie of certane pundis vnzeon seid 
sauld be the said Patrik to him quhilk he promisit to be sufficient fresche 
seid and that the samyn seid com furth of Flanders sen Zoull last wes. 

October 2nd. Curia capitalis burgi de Elgin tenta infra chorum 
ecclesie parochialis dicti burgi per honorabiles viros Joannem Annand, 
prepositum, Thomam Zoung, Thomam Hay, Thomam Vmfra, balliuos. 



l6o RECORDS OF ELGIN. [l5 Sl - 

James Cadell, mcrchand, indwcllar in Elgin, with expres consent and 
assent of the provest, bailzeis, cunsall and haill comburgessis present for 
the tym, maid burges and freman of this bru 1 . quha maid his ayth of 
fidelety that he sail nocht mak na vtlandis man to wit no laird nor 
barroun provest nor bailze of this bru 1 . nor consent thairto in no tymis 
cuming and that he sail nocht resaue no vtheris mannis geir into his 
bwth nor his awin to sell thairinto and that he sail obtein ane ruid of 
land within this bru 1 . hcritabilly to him self within zeir and day vnder 
the pain of tinsall of his fredom and hes fundin George Vauis souerty 
and cationer that he sail fulfill the samyn and also to scot, lot, taxt, stent, 
valk, vard in all tymes cuming in absens of the said James for the 
quhilkis the said James hes payit instantly to the provest ten libs, money 
in part of payment of his expensis to pas to Edinbrugh as Commissionar 
of this burgh to the Parliament, convention of burrows and assembly of 
the ministers this instant moneth. 

The borrow court of the burgh of Elgin haldin within the tolbuyth 
of the samyn be Johne Rotherfuircl, Thomas Zoung and William Hay, 
bail/.eis thairof, the fyft day of October the zeir of God I M . V c . fourscoir 
ane zeiris. 

The quhilk day it is statute and ordanit be the provest, bailzeis and 
counsall of the burgh of Elgin that all maner of persone within the 
samyn cum euerie Sonday to the kirk befoir none and eftir at the houris 
appointit for prayer and preching befor the hyndmest bell be done and 
rung and thair remane quhill the preching and prayeris be done vnder 
the payne of tuelf penneis to be poyndit for ilk tyme thay ar absent fra 
the kirk. 

It is statute and ordanit be the provest and bailzeis foirsaidis that the 
saidis bailzeis sail compeir be ten houris ilk court day befoir none or ony 
tua of thame at the leist as thai pleys aggre amangis thame selffis 
togiddcr with the dark, four officiaris and dempstar within the tolbuyth 
of the said burgh and thair to remane for administratioun of justice 
quhill tueff houris at none vnder the payne of aucht schillingis vnla to 
be poyndit sa oft as thai salhappin to be absent at the hour appointit fra 
ilk court and it salbe lesum to the bailzeis havand speciall occasioun 
quhairfoir he may nocht be present to place ane uther bailze to kcip 
court for him in his place. 

Item it is statut that the poynt of best aill be sauld for sax penneis 



1581.] BURGH COURT BOOK. l6l 

and the warst for fyve penneis as the bailzeis and cunstaris pleys com- 
mand vnder the payne of deling thairof. 

Item it is statute that the plak breid of quhyt be baikin sufficient 
breid of tuelf vnces trois weycht / the tua pennie breid of sex vnce 
weycht and the breid of aittis to be baikin for tua penneis of aucht 
vnces weycht / and na breid of aittis to be baikin for plakis vnder the 
payne of escheting and dailing of the haill breid quhilk thai haue for the 
tyme that thay ar fund contravenand this present statute. 

Item that the best barkit hyd be sauld to the neboris burgessis and 
fremen of the burgh for xxx schillingis monie and the warst for tua 
markis vnder the payne of fourtic schillingis to be tayne of thair gudis 
and geir quha will nocht sell the barkit leddir for the pryces aboue writtin. 

Item that the best pair of mennis schone be sauld for thrie schillingis 
and wemennis schone for tua schillingis / bairnis schone of saxtcin 
zeiris of aige for auchtein penneis / and of tuelf zeiris aige for tuelf 
penneis / and quhaeuir refusis to do the samyn sail pay aucht schillingis 
for ilk tyme thai contravein this ordinance and that na persone fre nor 
onfre within this burgh karie ony barkit leddir vittouth the samyn to sell 
in mercattis or vtherways vnder the payne of eschetting thairof and 
breking of arreistment except that euerie barker at the raising of his 
leddyr fourtie aucht houris befoir his passing furth of this town with 
thair leddyr send the hand bell throch the town and charge all burgessis 
of this burgh to cum to thame and by samekill of thair leddyr of the 
townis pryce as will serue for thair awin turn allanerlic and to na vtheris. 

Item it is statute and ordanit that the stane of scheip talloun be 
sauld for saxtein s. and the stane of nolt talloun for fourtein s. / and that 
the candilmakeris mak the candill thairof of ten inche and ane bar corne 
thiknes of talloun for tua penneis / the plak candill of tuelf inche lenth / 
and doubill als thik of talloun / and that no candill nor talloun be tayne 
nor careit furth of this burgh to sell under the payne of escheting the 
samyn quhilk is apprehendit gangand furth of this town and escheting 
the candill nocht sauld of the lenth and thiknes foirsaid. 

Item that na persone within this burgh frie nor onfrie ressaue wictuallis 
within thair housis that salhappin to cum on day lycht to be sauld in the 
mercat / bot leiff the samyn to pass to the mercat quhill it be sauld / and 
that nane be sauld within houses vnder the payne of saxtein s. for ilk 
tyme that thai salhappin to contravein this statute and that na mercat be 

w 



162 RECORDS OF ELGIN. [l5 81 - 

maid thairupon bcfoir the hour of ten / and that nane be makaris of the 
pryces of wictuall sellen in the mercat hot fremen or thair wyffis and na 
stallinger to mak pryce thairof. 

Item that na cadger salbe licient to sell or karie fysche to the mercat 
except the fyscheris themselffis thair wyffis and sic as ar licient be the 
provest or bailzeis and that na maner of persone hous ony fysche except 
the samyn cum to the town within nicht vnder the payne of escheting 
thairof and that na flescher nor vther persone cowp fysche to be sauld be 
thame mair nor staikis thair awin hous vnder the payne foirsaid. 

Item it is statute and ordanit that all guidis and geir poyndit and 
distrenzeit be the tennor of the provest and bailzeis actis and decrettis 
of this burgh be prysit and rowpit at the mercat croce on the seuerall 
mercat days be the officiar quha poyndis the samyn conform to the 
tennour of the actis deliuerit to him and make pennie thairof / and gif 
ony officiar delays to put actis to exccutioun within xxiiij houris eftir the 
samyn be deliuerit to thame and complent maid upon thame for delaying 
to execute the samyn it salbe lesum to the bailze quhom to the complent 
is maid to command ane uther officiar to waird the officier delayer to put 
the saidis actis and decrettis to exccutioun within the tolbuyth of this 
burgh thairin to remane ay and quhill he caus ane uther officiar put the 
samyn to executioun upon his expcnsis and ilk persone that refusis to pas 
with the officiaris to comprys ony guidis or geir poyndit quhowsone thai 
salhappin to be chargit be ony officiar sail pay for thair disobeying of the 
charge aucht s. vnlaw the officiar complening thairupon and lauchfullie 
preving that thai disobeyt his charge foirsaid. 

Item that the pek of hors come be sauld be the stabilleris for tuelf 
penneis vnder the payne of aucht s. vnlaw. 

Item it is statute and ordanit that na baxter baik ony breid within 
thair owins quhill thai ressaue thair peys and wcychtis fra the provest 
and bailzeis for baiking thair breid of the wechtis conform to the statutis 
maid thairanent and ordanis all the baxteris and thair owins within this 
burgh be arreistit ay and quhill they cum and ressaue the saidis weychtis 
to the effect foirsaid. 

Item that all flescheris in burgh or land present thair haill fleschis to 
the mercat haill oncuttit in the rig or ony vther part except ane cutt 
vpoun the schulder onspoilzeit or blawin with the skyn, talloun and hyd 
wanten the feitt thairof and that thai hald nane of thair fleschis within 



I58l.] BURGH COURT BOOK. 163 

thair buythis eftir the hour of nyne hot put the samyn to the mercat 
befoir the said hour be strekin / and that thai sell nane thairof vnto the 
tyme thair haill fleschis, skyn, talloun and hyd be sycht be the bailzeis 
and pryseris of flesche appointit to that effect vnder the payne of 
escheting the haill flesche, talloun, skyn and hyd nocht presentit as said is. 

Item it is statut and ordanit for keiping of guid order of all the 
statuttis maid within this burgh that the four bailzeis and officiaris keip 
the tua mercat days ouklie within this burgh for the space of ane zeir or 
ony tua or ane of the saidis bailzeis with the four officiaris and pryseris 
of flesche as it sail pleys the bailzeis appoynt amangis thame selffis to 
that effect. 

Item that na stallinger, man or woman, within this burgh brew or 
baik in ony tyme cuming heirefter quhill thai cum to the provest, bailzeis 
and counsall of this burgh / and set souertie that thai sail keip and 
obserue all the statutis maid within 'this burgh in all tymcs coming and 
that thai sail set sourtie to pay threttein schillingis four penneis monie 
zeirlie for thair zeirlie libertie within this burgh. 

It is statut and ordanit that na stallinger within this burgh sail haue 
libertie to brew or to vse ony vther siclyk tred of handling and deling 
within this burgh unto the tym it is knawin be the provest and bailzeis 
and counsall thairof that thai haue of frie guidis and geir perteining to 
thame selffis worth the sowm of tuentie pundis mony. Item that na 
stallinger browstar within this burgh sail to ony landwart persone 
vttouth the samyn ony draff in na tymes cuming vnder the paync of 
escheting the draff that is apprehendit passing furth of this town to ony 
landwart persone and depryving of thame quha sellis the draff fra 
brewing within this burgh whairupon the browstaris salbc haldin to mak 
thair ayth. 

Item that na persone within this burgh, fre nor onfre, pretend in ony 
tyme cuming to cast faill, fewall or dowat within the moss betuix the 
burn of Tayok and the croft endis / or zeit hoik or fla the samyn in ony 
kynd sort in na tymes cuming vnder the payne of xl s. 

Item that na persone of the counsall of this burgh speik or requeist 
in fauoris of ony persone that contravcnis ony of the statutis maid within 
this burgh in na tymes cuming vnder the payne of depryving of the 
requestar of the counsall. 

Item that na freman nor vnfreman or woman within this burgh 



164 RECORDS OF ELGIN. [1581-2. 

ressaue ony freman or vnfreman seruandis into ther housis to gif thame 
meit or drink in na tymes cuming betuix the houris of sax eftir none 
and sax in the morning vnder the payne of xl schillingis for the first 
tyme / four pundis for the secund tyme / and for the thred tyme the 
freman to tyn his fredom for the space of ane zeir and the vnfreman or 
woman to be dischargit of ony brewing for the space of ane zeir. 

October 3Oth. James Thomson [was served heir] to his fader who 
deit the . day of September the zeir of God I M . V c . fourtie sevin zeris 
in the feild of Pynkie in and to ane foirbuyth of land vpoun the south 
syd of the burgh betuix the get that passis to the freiris minoris uther- 
wayis callit the Grey freiris at the eist part and the buyth of the airis of 
vmq". Andrew Froster at the west part. 

November 2Oth. William Chalmer wes decernit to pay to William 
Dollas the damnage and skaith quhilk he hes sustenit through the 
insufficiencie of ane half pund bowkaill seid quhilk the said William 
sauld to him and promisit to warrand the samyn to the said William 
Dollas sufficient bowkaill seid grew bot bastard and reid kaill. 

December nth. Johnc Anderson judiciallie renuncit his clame 
against W m . Tarras, naturall sone to Sir James Tarras vicar of Narn. 



1581-2. 

25th January. Jhone Annand, provest, and Villiam Gibson, burges, 
becom souertcis for Marjory Cuming, moder to the said William Gibson 
that scho in na times to cum sail ring bessingis, brassin nor irn morteris, 
nor na vther materiall veschill within this burgh upon Vphelly ewin and 
that scho sail cum to the preching or prayaris ilk Sonday quhen scho ma 
be lassart being within this bru 1 . vnder the pain contenit in the actis of 
Parliament thairanent. 

February 5th. Statutum pro Sabbato. The quhilk day the provest, 
bailzeis and counsall and communite of the burgh of Elgin present for 
the tyme hes statut and ordanit that all persones inhabitantis within this 
burgh cum euerie Sonday to the kirk befoir the third or last bell be rung 
to prayer or preching befoir and eftir nowne and thair remane quhill the 
preching or prayaris be done and that na maner of person within this 
burgh pretend to vse tavernrie off meit and drink selling of ony sort of 



1581-2.] BURGH COURT BOOK. 165 

merchandreis nor be fund wagand and going throch the gettis and streittis 
of this burgh or occupeit in ony kynd of pastym in tyme of preching and 
diwyn seruice vnder the payne of tua schillingis monie to be poyndit of 
all personis readiest guidis and geir quha ar fund contraveneris of this 
present statut to be furthcumand to the officiar executor of the present 
statute the uther half to be furthcumand ad pios usus. 

Item it is statut and ordanit with consent of the provest, bailzeis, 
counsall and comunitie foirsaid that na maner of persone pretend in ony 
tyme cuming to big or sett on and byrne fyris in this town upon the 
kingis grace hie get thairof on Sanct Johne or Sanct Peteris ewin, 
mydsymer, ruid or Sanct Nicolas ewin or day, or ring bassings, bellis or 
ony vther kynd of bressin veschellis or mettalis vsit of auld on Vphellie 
evin nor pas in pilgramage to our Ladie of Grace to the wall callit 
Crystis vail in Strethdone nor to na vther pilgramage vnder the payne 
contenit in the actis of parliament maid thairanent and reputing and 
holding thame as manifest idolaters. 

February igth. John Beig, tailzour in Elgin, wes ordanit to pay to 
William Jamesone, tailzour thair sax schillingis monie for the making of 
ane mandeill coit, item thre schillingis for the schewing of ane blak 
bombasie dowblet to Patrik Lesly at his command, Item for the schewing 
of ane mandeill to Patrik Dunbar of Blery thre s. Item fyve schillingis 
for the schewing of ane blak bombasie doublet to James Sutherland, 
broder to the laird of Duffous / item thre schillingis four penneis for ane 
sluch of clais to Johne Innes sumtym in Reidhall / Item three s. four d. 
for ane pair of breikis and tua pair of schankis to Robert Lesly in 
Findressy / Item fyve s. for ane doublet to Robert Lesly in the glen / 
Item four s. for ane sluch of claithis to William Pattoun Item for the 
schewing of ane doublet to Thomas Fraser at the Miln of Elgin thre 
schillingis / Item annent Mr. James Gardin xij d. / Item for the schewing 
of ane pair of schankis to the guidman of Galdwall aucht penneis / Item 
sax schillingis aucht penneis for the pair of schankis, tua pair of breikis 
and ane pair of buffingis to the Laird of Loquhaber / Item for ane pair 
of brekis to W m . Zoung xij d. / Item for the peisyng of tua pair of 
schankis to George Grant, broder to the Laird of Ballindallach xij d. / 
Item for ane pair of breikis and schankis mending to the captain of the 
Egiptians aucht penneis. Item for ane sluch of clais to the provest 
ij schillingis / Item for ane pair of brekis and ane cluk to the suddene of 



166 RECORDS OF ELGIN. [1582. 

Murray xij penneis extending in the haill to the sowm of fourtie nyn 
schillingis aucht penneis quhilk sowm the said Johne wes ordanit to pay 
to the said William within xv days. 



1582. 

April 2nd. The feing of James Cowe, pundler, for helping of the 
coruis of the crop 1582. James Cowe judicialie acceptit the office of 
pundlarschip upon him and maid his faith to vse the said office lelelie 
and trewlie quhill the cornis of this present crop of fourscoir tua zeiris 
be wyn and innit. It is statut that na persone trubill or molest the 
pundlar be word or deid for poynding or taking of thair guidis for the 
skayth quhilk thair guidis salhappin to do in ony neboris cornis under 
the payne of tuentie schillingis. 

October 1st. Curia capitalis tenta in choro ecclesie parochialis burgi 
de Elgin. Absentis : The Abbot of Kinloss, Alexander Gordon of 
Baldorny, Johne Ros of Ballivat, Margaret Glassinwrycht, Mr. Martein 
Logic, Our Ladie Chapland of Sanct Gelis kirk, the prior of Blak 
Freiris, the Abbot of Arbroth, the vicar pensionar of Elgin &c. 

The quhilk day the bailzeis, counsall and comburgessis hes votit and 
elcctit Johne Annand, provest, Thomas Zoung, William Hay, William 
Ilardie and William Gibsone, bailzeis; Thomas Hay, Alexander Annand, 
James Gutherie and Sir Johne Gibsone, clarkis ; Charles Gray, Andrew 
Layng, officiaris and Gilbert Gaderar, demstar, quha maid thair aithis of 
fidclitie for leill and trew vsing of thair offices for the space of ane zeir. 
Nomina communis consilii : The provest, the four bailzeis, W ra . Gaderar, 
Thomas Wmfray, elder, Thomas Robertsone, Thomas Mill, Alex r . Thom- 
sone, Alex r . Gutherie, Thomas Hay and Johne Rotherfuird. Lyneris : 
William Auldcorn [and eight others] with ane of the bailzeis. Pryseris 
of flesche : Nicolas Vrvell [and seven others] with ony ane bailze and 
tua officiaris. Cunstaris : Blaes Alwes [and seven others]. 

It is statute that all personis cum euerie Sonday to the kirk befoir 
none and eftir none vnder the pane of tua s. for ilk tyme thai ar absent 
except ane lauchfull impediment. 

It is statute that the galloun of aill be sauld for tua schillingis aucht 
penneis be all browstaris inhabitants within the said burgh and that na 



1582.] BURGH COURT BOOK. 167 

browstar within this burgh refuis to sell the aill to all our souerane Lord 
the kingis grace legis salang as thai haue ony within thair hous except 
ane half galloun to be keipit to thair awin drink under the pane of deling 
the haill aill quhilk thai haue for the tyme quha contravenis this present 
statute. 

Item it is statute and ordanit that na plak breid be baikin within this 
burgh for the space of ane zeir nether of quhyt nor aittis vnder the pain 
of deling thairof and siclyk that the breid of quhyt be baikin sufficient 
breid of nyn vnce trois wecht for tua penneis and lykways that the breid 
of aittis be baikin sufficient breid of tueff vnce wecht for tua penneis 
vnder the pain of deling of the haill breid quhilk thai haue for the tymc 
thai contravein this statut. 

Item that the pek of hors corne be sauld be the stabilleris for fyvetein 
penneis and the stabiller tak bot ane penny for the stabill fie of ane hors 
be the space of xxiiij houris. 

It is statut that na maner of persone fre nor onfre ressave ony 
wictuallis within thair housis quhilk salhappin to cum to this burgh 
ondaylicht to be sauld in the mercat bot that thai leiff the samyn 
victualis to pas to the mercat quhill the samyn be sauld thair and that 
nane be sauld in housis under the pain of saxtein schillingis. 

Item that the best barkit hyd be sauld for threttie schillingis monie 
and the werst for tua markis. 

Item that the best pair of mennis schone be sauld for thrc schillingis 
and sax penneis and womenis schone for tua s. aucht d. 

Na persone to cast fewall, faill or dowet within the moss of Elgin 
betuix the burne of Tayok and the croft endis or zeit hoik or fla the 
said mos. 

Item that all guidis and geir poindit by order of the provest and 
bailzeis be rowpit at the mercat croce. 

October 22nd. Cristen Makzane wes decernit to pas to the stepill 
and thair to remane in ward for the space of tuentie four houris and to 
compeir on Sonday nixt within the paroche kirk of Elgin vpoun the 
stuill of repentence and thair ask Thomas Rechardsone forgiffnes and 
that for the wyll and vitious blasphematioun vsit be hir towartis the said 
Thomas without ony offence maid be him to hir bot for passing at the 
command of tua bailzeis in compane with thame and the cunstaris of 
Elgin through this town to cun and because the said Thomas said her 



168 RECORDS OF ELGIN. [l5 82 - 

aill wes deir aneuch of ane plak the pynt callit him Reisky caril / scho 
wald leiff to sie his bairnis beg thair meit / he culd cun sowannis better 
nor aill fooll swoin carle that he wes /. Scho is dischargit fra brewing 
quhill scho obtenit new libertie fra the provest, bailzeis and counsall. 

November 5th. Marjorie Baxter wes dischargit fra brewing for ane 
zeir becaus scho confessit scho hed not of hir awin proper guidis and 
geir worth the sowm of tuentie pundis monie. 

William Campbell [and four others] wer admittit common baxteris 
within this burgh for serving thairof for the space of ane zeir. 

November I2th. Clame of William Fargusone, chirurgian in Elgin, 
against John Anderson duelland in Morthlik for four libs, monie togidder 
with tua stanis of cheis and ane stane of butter quhilk the said John 
promised befoir for heling of him in the heid, face and uther parts of his 
body of many greitt vlcers. [The claim allowed.] 

November I9th. William Hay. baxter, wes ordanit to pay to his 
servand fourtein schillingis monie with ane pair of auld brekis and ane 
auld sark and failzeand of saidis auld brekis and sark sax schillingis 
aucht penneis monie in payment of his fie and buntaye. 

November 26th. Patrick Lesly, commendator of Lyndores [pursues] 
Walter Innes for the sowm of aucht pundis for his Witsonday and 
Martimes maill of the zaird of Pettindreich within Elgin, and siclyk 
Achilles Grciff for fourtie schillingis for the annuall of the landis 
adiaccnt to Barrald Collcis land alsua George Chaplein for tuentie sevin 
bollis tua firlottis victual! togidder with tuelf pultrie for the ferme 
pultrie of the landis of Estir Brownhillis for tua zeiris. 

December loth. Alexander Boynd and James Douglas wer creat 
commissioners for poinding absents fra kirk with powar to poind and 
uptak fra ilk persone quha salhappin to be notit absent fra prayer or 
preching befoir or eftir none euerie Sonday the sowm of tua schillingis 
of thair reddiest guidis and geir to be furthcumand ad pios vsus. 

Actioun persewit be Sir Johne Gibsone persone of Vnthank as 
chalmerlan to George, bischope of Murray, contrar James Rynd in 
Spynie for maillis of the brewland of Spynie and saxtein part of the 
town and landis of Spynie for cropis 1573 and 1574. The said James 
and his fader ves in vse of payment of fourtie s. zeirlie for the brewland 
and sax s. thre d. for ane-saxteint part of the town and landis of Spynie 
to the bischope of Murray. 



1582-3.] BURGH COURT BOOK. 169 



1582-3. 

January 7th. Archibald Kemp in Brownsyd wes arreistit to have 
remanit within the queir of the paroche kirk of Elgin as tolbuith of the 
samyn for the tyme in defalt of ane sufficient tolbuith ay and quhill he 
had relevit William Auldcorne, burges of Elgin, of the sowm of tuentie 
thre libs, fyve schillingis at the handis of Thomas Robertsoun. 

January I4th. Jannct Andersone, spous to Alexander Smyth, flescher, 
wes decernit to pay to Elspet Kanzeoch nyn s. four d. for hir labour done 
to the said Jannet be the space of tuentie days in spynning at the quheill 
and for the pryce of ane pund of woll lent be the said Elspeth. 

February i8th. William Cuik wes decernit to dcliuer to William 
Stewin tua Spainze beidis. 

Comperit James Annand, burges of Elgin, and thair resignit in the 
handis of Thomas Zoung, ane of the bailzeis of the said burgh ane 
auchten part of land than perteining to the said James and sumtym 
perteining to Johne Innes alias Lang Johne, lyand within the greschip 
and territorie of the burgh of Elgin be staff and bastoun, as use is, in 
fauoris of Alexander Pringill, burges thair, reseruand the lyfrent thairof 
to Gelis Gardin, spous to the said John Innes for all the days of his 
lyftym, quhilk bailze conform to the said resignatioun maid in his handis 
as is aboue writtin with expres consent and assent of the provest, 
bailzeis, counsall and communitie of the said burgh present for the tyme 
gef assignatioun of the said auchten part of land to the said Alexander 
Pringill his airis and assignes be deliuerance of ane officiaris wand, as vse 
is, reservand as said is, for the quhilk the said Alexander Pringill instantlie 
payit and deliuerit tuenty schillingis monie for his entres siluer of the 
said auchten part of land quhilk wes putt in the cadget, vpoun the 
quhilkis the said Alexander desyrit act of court and instrument. 

February 2Oth. Thomas Smyth, merchand burges of Elgin, wes 
decernit to pay to William Innes, burges, the sowm of fourty aucht 
gudlingis Flanderis monie extending to the sowm of fourtie pundis 
Scottis as it cums to sax gudlingis for ilk pund greit, quhilk pund greit 
extendis to fyve libs. Scottis monie for the pryce of tua barrellis salmond 
fysche send be the said William Innes with him to Flanders. 

x 



170 



RECORDS OF ELGIN. [l5 82 -3- 



The provest, bailzeis etc. hes ordanit that na owtlandis flescher hald 
buyth within this burgh in ony tyme to cum or slay ony flcsche at the 
skemils or att ony uther part of this burgh except on the tua mercat 
dayis viz. Wcdinsday and Settirday under the pain of xl s. Na maner 
of persone, chapman or mcrchand vnfrieman within the said burgh sail 
hald oppin buyth within the samyn and sell, by or cop ony kynd of 
mcrchandeis except as the lawis of the realm leivis, to wit, upon com- 
mond and public mercat days and the tua weiklie mercat dayis of this 
burgh. 

March 4th. George Skaidkaill, cordiner in Elgin, wes decernit and 
ordanit to cum to the provest of the burgh of Elgin betuix this and 
Sonday nixt and offer and present to the provest his quhynger and put 
the samyn in his will to be keipit be him or utherwayis to be affixit at 
his will and pleysour in sum public place and thair to remane perpetualie 
at the provestis pleysour. Siclyk the said George and Elspet Boynd his 
spous wes decernit and ordanit to compeir on Sonday nixt viz. the tent 
day of Marche instant within the paroche kirk of Elgin vpon the stuill 
of repentens befoir the minister in tyme of preching befoir none and 
thair in presens of God and the congregatioun present for the tyme ask 
Patrik Rattray and Jannet Fentoun his spous forgiffnes and that for the 
manising of the said Patrik with ane drawin quhynger in presens of the 
provest within the provestis clois upon the 28 day of Januar last bypast 
and also for the sindrie and diueris iniurius wordis and blasfimie giffin be 
the said George and his said spous to the said Patrik and his spous upon 
the xxix day of Januar forsaid vnder the pain of ten pundis monie to be 
payit to the commond guid of the said and tuentie pundis monie to be 
payit to the said Patrik within xv days. 

March nth. William Hardie, souertie for Patrik Lesly, servitor to 
ane honorabill man Maister Thomas Gordoun, broder german to wmquhill 
ane nobill and potent lord wmquhill George, Erie of Huntlie, anent the 
allcgit trubling of the town and svmbesetting William Gibson, ane of the 
bailzeis of the burgh. 

March 23rd. Achilles Greiff, Henry Stevinis wyff [and twenty two 
others] wer decernit in ane unlaw of 135. 4d. for non-payment of thair 
stallinger siluer. Blais Alwes, Thomas Ga [and eight others], cordineris 
and baxteris, wer decernit in ane unlaw of 133. 4d. for contravening the 
statutis of this burgh and breking an arrestment in working sen the last 



1582-3.] BURGH COURT BOOK. 17! 

day of Januar but licence grantit and giffin them to work be the provest, 
bailzeis and cousall. Elspet Peddir [and six others], stallingeris, wer 
chargit to remane in ward within the paroche kirke of Elgin ay and 
quhill thay and ilk ane of thame content and pay to Mr. James Garden, 
collector of the burgh of Elgin, 133. 4d. for thair stallinger siluer. 
Thomas Air [and five other cordiners] wer chargit to remane in waird 
within the paroche kirk of Elgin ay and quhill souertie wer set be thame 
and ilk ane of thame for keiping of the statutis of this burgh. Richard 
Warden with consent of the provest, bailzeis, consall and comburgessis 
of the burgh of Elgin wes admittit and sworn burges and freman as 
burges vsis to be sworn the tyme thai ar admittit fremen and burgcssis 
within the burrows of this realm quha payit thairfor tua markis monie 
togidder with 133. 4d. for his stallinger siluer. 

Marion Anderson, spous to Gilbert Gaderar, belman in Elgin, [claims] 
53. 4d. for meit and drink giffin to Isobell Zoung, dochter to' vmquhill Sir 
William Zoung, sumtyme chapland within the cathederall kirk of Murray. 
[Claim allowed.] 

Archibald Annand wes ordanit to be put in ward in the stepill of the 
paroche kirk of Elgin to remane till he mak compleit payment of the 
sowm of xiv merkis. 

1583- 

April 8th. The feing of James Cowe, pundlar, for keiping of the 
cornis of the crop and zeir of God 1583. The quhilk day James Cowe, 
induellar in Elgin, judicialie acceptit the office of pundlerschip upon him 
quha maid his faith to vse the said office lelelie and trewlie quhill the 
cornis of this present crope of the zeir of God 1583 be schorne and innit. 

April 1 5th. Valter Hay, goldsmith, burges of Elgin, becom actit to 
deliuer to William Hay, burges thair in name and behalf of Maister 
George Hay, persone of Rathven, ane siluer saltfalt contenand the wecht 
of fyve vnces sufficientlie maid and wrocht betuix the dait of this present 
act and the feist of the Trinitie day nixtocum viz. xxvij day of May, 
quhilkis failzeand to pay to the said William Hay in name and behalf of 
the said Mr. George fourtie s. for ilk vnce wecht of the said fyve vncis 
siluer extending to the sowm of ten pundis usuall monie of Scotland, 
and William Hay to pay to the said Walter Hay fyve s. for the wark- 
manschip of ilk vnce of the saidis fyve vncis siluer. 



RECORDS OF ELGIN. 

April 29th. The burrow court haldin within the queir of the paroche 
kirk. Margaret Sutherland, relict of vmquhill Thomas Myll, skynner, 
sumtyme burges of Elgin, now spous to Alexander Elleis, burges, and 
the said Alexander for his interes wes decernit to deliuer to William 
Myll, sone and air to the said vmquhill Thomas Myln and to Johne 
Myln burges thair, the said William Mylnis curator for his interes, all 
and sindrie the points of airedome guidis and geir perteining to the said 
William be the deceis of his said vmquhill fader viz. ane siluer pece, 
tuelf siluer spounis, ane airedome ox, ane pleuch, plewch yrons and zoikis 
of the samyn, ane brewing caldrown, the best pan, the best bressin pott, 
ane posnet pot, ane pair pott bowls, ane tangis, ane irn cruik, ane irn 
brander, ane irn ladill, ane speyt, ane irn rax, ane peuter plait, ane peuter 
trunschour, ane burdclaith or towall, ane seruiat, ane wesching towall or 
hand towall, ane chandler, ane gardein alias ane rowndell of bress, ane 
tyn quart stoup, ane tyn pynt stoup, ane cart, ane sled, ane pair of 
harrowis, ane spaid, ane schoill, ane mukfork, ane barrow, the best meit 
buird with the trcst or furmes thairof, ane cussing, ane bassing, ane 
peppircornis, ane taiffill, ane baikbreid or baiking stooll, ane girdill, ane 
weschell buird, ane masking fatt, ane wortfatt, ane flesche fatt, ane wort- 
tub, ane sa, ane baby, ane aill stand, ane standen bed, ane feddir bed, ane 
langsaidill, ane pair of blankettis, ane pair of scheittis, ane pair of coddis, 
the best bed cowering, ane pair of heid scheittis, ane pair of curtingis, 
ane battering studdy, ane almyng tub, ane pair of woll ballancis, ane 
schaiping buird, ane press, ane meit almerie, ane chair, ane mekill kist, 
ane sword, ane jak, ane knappscull, ane javelling, ane quhinger with the 
furnisit scheitis. 

May loth. Thomas Purs, wobstar in Elgin, becom actit to work and 
wyff to Patrik Rattray tuentie hand plaidis togidder with tua hunderith 
elnis quhyt cleyth of thre quarter breid quhan the samyn is waikit befor 
he wyff ony uther wark to ony uther persone except to the Magistrates 
or heidmen of the burgh for the quhilk the said Patrik becom actit to 
pay to the said Thomas the sowm of fourtie pundis for the wywing of 
the saidis tuentie hand plaidis togidder with the sowm of ten pundis for 
the wywing of the tua hunderith elnis quhyt cleyth. 

June loth. It is statut and ordanit for detfull obedience to be hed 
concerning the keiping of the kirk and serving of the word of God upon 
Sonday that ilk Sonday heireftir tua of the personis following viz. 



1583-4-] BURGH COURT BOOK. 173 

Thomas Zoung etc. sail convein at sax houris in the morning and gif 
attendance to the mercat swa that the personis hawand geir to sell and 
thair guidis and geir sic as salhappin to be unsauld sal remoue themselffis 
with thair said guidis and geir unsauld furth of the mercat place and 
calsay befoir nyn houris befoir noyne vnder the payne of escheting of 
the samyn and alsua fra the begyning of the sermon to the end of the 
samyn that no tavern nor hostelar hous salbe haldin oppin for selling of 
meit and dreink sua that the haill inhabitants of this burgh and utheris 
in the town for the tym sail noway abstract thame selffis fra the hering 
of the word, and gif ony of the persons appointit be found absent thai 
salbe poindit of tuentie s. 

July 8th. The quhilk day Cristcn Kelly, incluellar in Elgin, wcs 
decernit and ordanit to entir hir selff in waird within the stepill of the 
paroche kirk of Elgin thairin to remane be the space of fourtc aucht 
houris and thaireftir ay and quhill sche sett souertie to cum on Sonday 
nixt, viz., the fourtein day of July instant befoir the minister of Elgin in 
tyme of preiching befoir the pulpeit afoirnone and thair in presens of 
God and the congregatioun ask and craiff pardoun and forgiffnans of 
Johne Woid, burges thair, for the sklanderous and iniurius wordis giffin 
be her to him in calling him auld wouff facet theiff carle and worriar of 
scheip, quhilk wes giffin for dome. 

July nth. Act of removing persewit be Katherene Gordoun, relict 
of umquhill Mr. Patrik Balfour, sumtyme minister at Urquhart contrar 
Alexander Stewart, merchand in Elgin. The said Alexander Stewart is 
ordanit to flit and remove fra the foirhous, stable etc. 



January 27th. George Chaplin claims thre half-disches ry maill and 
ane half-dische of ait maill borrowit be Johne Vmfray. 

It is statute and ordanit that na persone within this burgh fre nor 
unfreman in ony tyme coming lay or mak ony middingis upon the bak 
passage of the burgh of Elgin quhilk dewydes the borrow ruids of the 
said burgh fra the croftis thairof and lykwayis that thai leid away all the 
middingis thairto presentlie thairupon within xv days, quhairbe all maner 
of persone in burgh or land may have clene, fair and fre passage to pass 



174 RECORDS OF ELGIN. 

thairthroch with kairtis, sleddis, bestiall and all uther maner of things 
but slope or impediment under the pane for fourtie s. 



1584. 

June 1 5th. John Beig, tailzeour in Elgin, wes decernit to pay to 
James Annand, burges and goldsmith thair, threttie sax s. as pryce 
liquidat for ane pair of sufficient new pleit slevis. 

Margaret Low, relict of William Reid, wes decernit to pay to Jannet 
Cuming, spous to Johne Annand of Muirestoun thre libs, monie as pryce 
for tua silucr sponis contcning tua vnces wecht of siluer. 

John Makzane, burges of Elgin, wes decernit to pay to John Woid 
thre libs, four s. for the caring and teiling of thre aickers and half aicker 
of land with his oxin and pleuch. 

James Crombie in Spynic wes appointit as factor for Thomas Leving- 
stoun of Hainyng, taxman of the teind scheavis of the parocheins of 
Elgin, Sanct Androwis kirk and Dyk, in tak and assedatioun of George, 
Bischop of Murray, for thre zeiris to cum. 

The quhilk day comperit judicialie Patrik Rattray, burges of Elgin, 
and prescntit and deliuerit the letteris of exemptioun undcrwrittin 
desyring the provest and bailzeis to caus the samyn be oppinlie red in 
jugement and admittit and registrat in borrow court buik of Elgin quhilk 
letteris the jugis foirsaidis with detfull reuerence ressauit and admittit 
and causit the samyn be red judicialie and registrat according to the 
said Patrickis desyr, off the quhilk letteris the tennour eftir followis : 

REX. 

WE, be the tennour heirof with awyse of the lordis of Secreit Counsall 
haifing consideratioun of the inhabilitie and aige of our lovitt Patrik 
Rattray, burges in Elgin, wherbe he is ndth able to cum to our oistis, 
reidis, weiris and assembles butt greitt danger of his lyff, thairfor we be 
thir presents gevis and grantis licience to the said Patrik to remane and 
abyd at hame fra all and sindry our oistis, reidis, weris, gadderingis and 
assembleis be see or land and fra all compering and passing upon ony 
assyse in actionis criminall or ciuill in justice courtis, justice airis, sheref 
courtis, borrow courtis or vtheris quhatsumeuir for serving of brevis, 
apyrysing of landis and vtheris exeming and dischairgeing him thairfra 



1584.] BURGH COURT BOOK. 175 

during all the dayis of his lyftyme, and will and grantis that the said 
Patrik sail nocht be accusit nor callit therfor notwithstanding quhatsum- 
euir our actis or proclamationis maid in the contrar theranent and pains 
contenit thairin we dispens be thir prcsentis dischargeing hcirfor all and 
sindry our justices, justice clerkis, thesauraris, aduocattis, provestis, 
bailzeis, eldermen and utheris ministeris and juges of our lawis quhat- 
sumeuir of all calling, accusing, trubling, molesting or in ony wayis 
preceding aganis the said Patrik therfor discharge thame thairof and of 
thair offices in that parte. 

Given under our signet and subscriuit with our hand at Strivcling the 
threttcne day of Maij 1584. Sic Subscribitur JAMES R., Montrois. 
Crawfurde. 

June 22nd. Emelie Sway, spous to Alexander Rob, maltman, wcs 
decernit to mak count reckining and payment of ane thretty schilling 
pece to James Duff, zounger, within aucht dayis quhilk the said James 
laid to her in plege of the prycc of ane point of aill quhilk he coft fra 
the said Emelie. 

July 6th. John Petrie, alias Stowt, for calling Cristen Reid witche 
carling wes ordanit to compeir on Sonday within the paroche kirk of 
Elgin upon the stuill off repentance and thair confes his offence and ask 
hir forgiffingis under the paine of fyve pundis mony. 

July 1 3th. William Auldcorn, burges, wcs decernit to dcliuer to 
Jannet Gumming, spous to Johne Annand of Muircstoun ane pewtar 
plait within sax dayis quhilk scho geff to umquhill Issobell VVatsone in 
plcge of ane stane wecht quhilk scho borrowit fra the said Issobell 
Watsone. 

Jannet Bonair, spous to Robert Keyth, wes decernit to deliuer to 
Margaret Sutherland, spous to Alexander Elleis, ane golden signet 
quhilk the said Margaret deliuerit to the said Jannet in plege of thre 
clowis of cotting zairne the space of fyve zeiris syn. 

Octobersth. James Douglas wes electit provest forthespacc of ane zeir. 

October 2Oth. It is statute that quhatsumeuir persone sail iniure or 
maneis ather provest, bailze, clerk, officiar or ony uther member of court 
sail upon his knee ask forgiffens and to ly in the stocks for aucht days. 

October 26th. Thomas Stewart, tynkler in Elgin, wes ordanit to pay 
to Johne Wmfray, swordslypper in Elgin, tua markis for the pryce of ane 
sword quhilk he brak betuix his handis in Sanct Lowrens mercat of Forres. 



176 RECORDS OF ELGIN. 

Emelie Sway wes ordanit to pay to Johne Beig, tailzeour in Elgin, 
tua crownis of the sonc quhilk scho ressauit fra the said Johne in plege 
of tuenty schillingis monie at pasche last wes. 

October 28th. The quhilk day the provest, bailzeis, counsall and 
comburgcssis of the burgh of Elgin present for the tyme statute and 
ordanit that the haill nebours within this burgh baith fre and onfre in 
thair avvin proper persone sail keip the portis of this burgh for owthalding 
of all personis cuming owt and fra suspect places of the plaig of pest 
and wanten testimonialls of thair clenes thairof under the pane of fourty 
schillingis monic and na servandis to be send to keip the portis except 
it be of aigit and scik persones. 

November 23rd. Alexander Annand wes ordanit to pay to Johne 
Beig, tailzour, ten s. for the making of ane pair of pleit sleiwis and siclyk 
to deliucr to the said Johne ane new knappiscall schell with ane new blak 
cowering thairof. 

1584-5- 

January i8th. Thomas Stewart, kaird in Elgin, wes ordanit to pay 
to John Shercf, cordincr, tua schillingis sax pcnneis for the pryce of ane 
pair of new schonc. 

February I5th. Isobcll Cuming, spous to James Robertson, cowper 
in Elgin, wes dccernit to pay to Martha Dunbar, dochter to Patrik 
Dunbar of Schanchar thrcttenc s. four d. with ane pair of new schone 
and ane casting pair of slevis for hir fie and bountayis for hir service. 

March I5th. Complaint of W m . Gaderar, procurator fischall : Vnto 
your honour, my lord provest and bailzeis of the burgh of Elgin humilie 
meins, I, William Gaderar, procurator fyschall of this burgh upon Maister 
Patrik Cuming, sub-dene of Murray, Archebald Grant in Balnatome, 
Huchon Ros. James Cuming in Barmukattie, William Cuming, servand 
to the auld laird of Ernsyd, Alexander Eraser, Henrie Kay, induellars in 
Lynkwoids, quha with thair compliss, bodin in fcir of weir, with swordis, 
pistollis, jackis, knapscallis and utheris weirlyk wapins invasiue upon 
Sonday the last of Februar last bypast in tyme of preching of Godis 
word eftir none in manifest contempt of oure souerane lordis auctoritie 
and provest and bailzeis of this burgh for the tyme berand his hienes 
auctoritie the said provest with ane nummer of his counsale passand to 



1584-5-] BURGH COURT BOOK. 177 

heir the word of God accompanit in sober maner nocht luiking for ony 
insurrectioun of ony partie the saidis persones with thair compliss 
accompaneit and armit in maner foirsaid maist erroniouslie and con- 
temptuislie drew swordis and bendit pistollis to quhais invasioun I knaw 
noth and being commandit to pacific thame selffis continuit in thair 
disobedience transgressing thairthrow our souerane lordis lawis and his 
progenitouris of guid memorie anent the quietnes of burrowis heirfor 
beseiks your honoris that puneisment and amendment may be had of the 
said persones etc. [Mr. Patrick Cuming and James Cuming are alone 
committed for trial, and arc ordered to appear at the Head Court to be 
held on the day after Pasch.] 

March I5th. The provest, bailzeis, counsall and comburgessis of the 
burgh of Elgin for the bettir ordour tacking anent the ovvthalding of the 
plaig of pest furth of this burgh hes statut and ordanit that na maner of 
persone frie nor onfrie within this burgh in ony tyme cuming ressauc ony 
maner of persone of hie degre or law degre strayngeris or beggaris 
within thair housis to luig thame or giff thame meit or drink quhill thai 
cum first to the provest and bailzeis and mak the samyn first knawin to 
thame and seik and haue thair liciens thairto befoir thai gif thame entres 
in thair houses vnder the pain of depryving the freman that contravcinis 
this present statute of his fredome and burgeschip and bancisment of the 
stallingeris and unfremen and ordanis this statute to be publisit and 
proclamit at the marcat croce of this burgh and uther places neidfull and 
to mak intimatioun of the samyn personalie to ilk persone inhabitant of 
this burgh or be sownd of the hand bell and bellmanis mowth through 
the haill town. 

1585- 

May loth. William Hardie wes ordanit to deliuer to Thomas Gait 
ane arme schair and ane aquavitie pott quhilk the said William borrowit 
fra the said Thomas in the zeir of God threscoir auchteine zeiris. 

May 1 7th. The provest, bailzeis etc. hes ordanit that na maner of 
persone frie nor onfrie, zoung nor auld, within the said burgh pretend in 
ony tyme coming to entir within the kirkzaird of the paroche kirk of the 
said burgh to play at kylis, portbowlis or ony uther pastime or clym the 
kirk wallis with ledderis to herrie birdis nestis nor zeit cast stanes at the 

Y 



178 RECORDS OF ELGIN. [1644. 

kirk or vyndois thairof under the pain of xl s. and the faderis and 
parentis of the bairnis quha ar fund sua doand to be ansuerabill and 
poyndit for thair barnis as also the guidman of the hous for the gentillmen 
and barnis alandwart quhilkis are buirdit in thair houses. 

June I4th. Thomas Alwes, son to umquhill David Alwes in Dornach, 
wes decernit to pay to Blais Alwes threttene s. four d. for the pryce of 
tua buikis to wit ane first part buik and ane Dauid Lyndsay buik coft be 
the said Blais to the said Thomas the tyme he wes at the scole leiring. 

June 2 ist. Thomas Smyth, officiar, wes persewit be Johne Smyth 
his broder german for the wrangus breking of ane kist and taking ane 
charter furth thairof upon ane ruid of land lyand upon the north syd of 
the burgh of Elgin betuix the ruid of land sumtyme perteining to 
umquhill Andrew Duncan at the eist part and the ruid of land perteining 
to Alexander Smyth ther broder at the west part extending linealie fra 
the kingis grace hie get of the said burgh at the sowth to the rod quhilk 
passis fra the eist part of the futt of the castell hill of the said burgh to 
our Ladie chappell sumtyme biggit upon the heid of the said hill at the 
north. 



1644. 

Borrow Court of the bru'. of Elgin haldin within the Tolbuithe theroi 
be Robert Hendrie, William Falconer tua of the baillies of the samyn 
the third day of Januar 1644, the suittis callit and the court laufully 
fensit as vse is. 

January i6th. Andrew Dick, merchand, burges of Elgin, wes 
decernit to mak payment to Margarat Burnet of fyve croce dollars at 
535. the peece borrowit be him with i8s. for ane pund of sugar. 

January 3Oth. In presence of Mr. Gawine Douglas of Morrestoun, 
provest of Elgin, Robert Hardie and William Falconer tuo of the baillies 
therof compearit Agnes Muresone in Elgin and becam willinglie actit in 
the borrowes court buiks of Elgin to enter and present herselff before 
the sessione of Elgin the secund day of Februar nixt within St. Gelis 
kirk and if she convene nocht bot beis fugitive she salbe heirefter be her 
awin consent haldin and reput as ane notorius witch. 



1645.] BURGH COURT BOOK. 179 

February I4th. Act anent the officers attendance of the magistrals. 
It is appoyntit that ane of the officers attend the provest and baillies to 
advertise them and convoy them to the court ilk court day under the 
payne of warding ilk ane of them toties quoties xxiiij hours and that 
they have their halberts with thame. 

March I2th. Servise vsit at the instance of Elspet and Margaret 
Mylls onlie lawful! bairnes of vmq 11 . Thomas Myll merchant burges of 
Dundie and servit airs portioners to wmq 11 . Thomas Mylne merchant 
burges of Elgin their guidsyre to two ruids of burrow land on the south 
side of the burgh. 



1645. 

January 22nd. William Gadderar in Mostowie was decerned to 
make payment to George Smythe, merchant burges of Elgin, of the 
soume of 40 d. money for ilk cartfull of twentie cartfulls of peits. 

February I2th. Francis Dunbar, saidler, to pay seven merks and 
Alexander Sinclair five merks as ther equall part of putting forthc of 
ane foote sojor to the publict service within fifteen dayes vvnder the paine 
of poynding or warding. 

March igth. Lilias Chalmcr was decerned to dclyvver to James 
Walker ane wylliecote worthe thrie poundis four shillingis and that 
pertaining to the said James his wyffe coft be the said Lillias fra the 
Irishes in the tyme of the troubles. 

George Bonyman, skinner, was decerned to restore to Thomas 
Warrand ane quart stoup with thrie new pannis qlk the said George 
coft frome the Irishes in tyme of the troubles. 

John Chalmer (Toddie) was decerned to restore to the said Thomas 
ane two handed sword with ane halfe fyte plaid whilk the said Johne 
tooke out of the said Thomas his hous. 

James Peddar, cordinar, was decerned to redelyver to Johne Stronache, 
flesher, the number of sex roche hyddes pertaining to the said Johne and 
coft be the said James in tyme of the troubles, for ewrie one of the 
saidis hydis the said James gaue 243. and the said Johne is ordained to 
pay to the said James the saidis pryces and to rcceiwe his owne sex hydis. 



180 RECORDS OF ELGIN. [l64S- 

April 2nd. Alexander Watson, litster, to deliver to William Wilson, 
cordoncr, ane halfe barkit hyd taken frae the said William in time of the 
plundering and to receive 125. 

May 22nd. William Robertson, litster, was decerned to redelywer to 
Mr. Johne Hay commissar of Murray all and haill the number of sex 
bookes all and haill worthe threttie ane merkes thre shillinges four 
pennies with ane register booke pertaining to the toune shippe he 
receiving frae the said Mr. Johne 365. 

Thomas Warrand, merchand burges, was decerned to pay fyve libs, 
money for the blooding and dinging of his daughter. 

May 3Oth. Margaret Cay was decerned to redelyver to William Hay, 
wobster, ane tartane plaid worthe sex poundis qlk was taken away att 
the plundreing frae the said William and was in the possession of the 
said Margaret and the said William was ordained to give to the said 
Margaret ane halfe dollar therefor. 

June 4th. Elspet Portifield in Ardcannie was decerned to get back 
her new tartane plaid taken in time of troubles. William Hay wobster 
in Neither Manbeines to get back his gray plaid taken be the Irishes he 
giving to Christian Gordon ane halfe dollar. 

William Robertson preceptor of Messindewe sues Robert Hardie for 
five bolls victual for his occupation of halfe ane quarter of Messindewe. 

Court haldin within the tolbuith of Elgin be ane honnorable man viz. 
Gawin Douglas, provest, William Falconer, William Layng and Thomas 
Calder, baillies of the samyn the auchtcn day of Junij 1645. The said 
day Jean Bonyman, spouse to Allex r . Leslie, merchand burges of Elgin, 
was decerned to mak payment to Johne Harvie, cordonar ther of the 
soum of threttie thrie shillinges four pennies money and that for ane 
yron pott borrowit be the said Jean frae the said Johne wpon the qlk he 
gawe his oathe. 

Johne Alpin, armorer, Elgin, was wnlawit in 543. for blood and blae 
giffing to Robert Smythe, baxter. 

James Scott, cordonar, became actit to compeire before the presbitrie 
to ansuer for his adulterie wnder the pain of twentie poundis or else 
banishment. 

Maines the kaird was decerned to pay four pounds 8s. 8d. for a yeirs 
maill of ane hous. 

August 26th. Elspet Vrvell, dauchter to wmq 11 . James Vrvell in 






1 647.] BURGH COURT BOOK. l8l 

Garmoche, became actit to remove frome the toun and never to come to 
it again without a sufficient testimonial! wnder the paine of banishment. 
October 1st. The absentes frae the Head Court wnlawit ilk ane in 
135. 4d. 

1646. 

August 1 2th. Christane Gordon in Elgin, Andrew Hay, cordonar 
ther, Johne Stronache flesher ther, ilk ane of thame were decerned to 
make payment to Mr. James Strachan, schoolmaister ther, ilk ane of 
thaime of ther particular soumes wnderwrittcn viz. Christan Gordon of 
the soume of fyve merks money, Johne Stronache, flesher, tuo merkes 
and Andrew Kay, cordonar, thrie merkes and that for the teaching of 
ther bairnes wherwpon he gaue his oathe. 

September 3Oth. Head Court. Twenty eight absent and all wnlawit 
in 2os. Non-entries : Sir Florence Winchester, wmq". Alex r . Gordon, 
Beldornie, umq". George Sutherland, Lady Cheplan of Sainct Jeilcs kirk, 
umq 11 . Alex r . Dunbar of Cumnocke, umq 11 . Thomas Wmphray, cheplan 
of Sainct Duthockes, cheplan ruid, umq 11 . William Robertsone of Croft 
Croy, umq 11 . Alex r . Murray, wiccar pension, umq". Coxtone. 

November 25th. Androw Innes, gairdner in the laird of Pluskardens 
yaird, Jeane Bonyman, relict of wmq". Allex r . Leslie, burges of Elgin, 
Allex r . Campbell ther, Allex r . Murdoch, burges ther, and Robert Dunbar, 
ilk ane are decerned particularlie as wnderwritten to make payment to 
Christiane Kar, viz. the said Androw Innes of the teind of the said yaird, 
Jeane Bonyman of the teind of hir yaird wherin were ten stookes, Allex r . 
Campbell of the teind of ten stookes yeirlie for the space of tua yeires 
on the Lady hill, Allex r . Murdoche for the teind of ten threwes birre and 
Robert Dunbar of the teind of tuenty stookes bear qlk he had in his 
zaird. 

1647. 

April I4th. Allex r . Glasse, violer in Elgeine, became willinglie actit 
to behaue himselfe dewtifullie in the toune and not to be found playing 
nor waiging in the night tyme under the paine of fortie poundis money 
and banishment of his persone of the toune. 



1 82 RECORDS OF ELGIN. [ l6 47- 

May 5th. Mr. Johne Douglas of Moristoune offered for Kempsaiker 
210 merks and the said Mr. Johne tuik instrument that non baid nor 
offered more. Thomas Calder offered 122 pounds for the Calfwaird. 

Patrick Chalmer, skinner, burgis of Elgeine, is decerned to make 
restitutione to Robert Kynnaird, burgis of Elgeine, of ane purse of 
cloithe of gold with thrie peices of gold within delyvered be the said 
Robert to the said Patrick Chalmer in anno 1633 or thereby whereof the 
said Robert promised redelyverie or 100 merks money for the samyn 
togidder with the soume of 40 merks money or the equivalent thereof in 
pennie worthe and that as the pryce of ane new doublet of black silk 
camblet cutt out on blew Spanishe tafitie delyvered be the said Robert 
to the said Patrick wnder promise of contentment worthe the samyn qlk 
doublet he receivit in anno 1631 or therby togidder with ane pleat locke 
and key worth thrie poundis money coft and receivit be him frae the said 
Patrick in anno 1633. 

July I4th. John Hardie, burges of Elgin, wes decernit to mak pay- 
ment to Jeane Bonyman, relict of wmq 11 . Alex r . Leslie, merchand and 
burges ther, of the soume of tuell pennes money and that for ilk lead of 
thretteine score leads muck coft and receawit be him fra me and led with 
my owne hors and serwands to his land togidder with the soume of 
aught pennes money and that for ilk lead of fiftie thrie leads muck 
togidder with the soume of tuentie four shillings money and that for ilk 
ellne of sex ellnes halff ellnes small bread lining cloathe coft and 
receawit be him fra me to his contentment. 

October 6th. The lands wnderwrittin are fallin and becum in the 
tounes hands for not entrie of the righteous airis therof therto viz. the 
lands of umq 11 . Sir Florence Winchester, umq 11 . Alexander Gordone of 
Beldornie, Our Ladies Chapell and St. Jellis kirk, wmq". Alexander 
Dunbar of Cumnok, the chaplain of St. Duthak, the lands of Blakfreirs, 
umq 11 . Alex r . Bischop of Murray, the wicar pentione, wmq". Robert Innes 
of Innermarkie, the Bayns grein, wmq". Andrew Waus, wmq 11 . Robert 
Sutherland, ruid chaplan, Mr. John Innes of Cokstowne etc. [75 in all.] 

November i/th. William Schipheard in Old Mills wes decernit to 
make payment to Robert Dunbar, burges, of the soume of fyue merks 
aucht shillings money and that for the lend of the prick mett of Elgin 
with fyfteine pecks of meall at aught merks the boll and that for the 
custome of fyf scoir tuell bolls meall. 



1648.] BURGH COURT BOOK. 183 

November 24th. Margaret Gordone, relict of wmq 11 . Alex r . Innes of 
Balnamen wes decernit to mak payment to Alex r . Andersone, meassone 
burges there of the sourne of 503. money with tua merks sex s. aught 
pennes for ane firlott eatt meall cropt 1647 and that as the rest of the 
pryce of ane lair stone laid on the said wmq 11 . Alex 1 ". 

December 2Oth. Disposition by James Sutherland, tutor of Duffus, 
in favour of Thomas Calder of Sheriffmylne of tuo auchten pairts of 
land with the new land, grass lands and pertinents therof, togidder also 
with the moss vaird perteining therto of breid threttie tuo speace and of 
lenth extending from St. Keathreine croft at the north to the burne of 
Tayok at the south. 

December 22nd. Issobell Pedder servitrix to John Winchester, 
tailzor, burges of Elgin, wes decernit to mak payment to Janet Grant 
spous to James Naughtie turner there of the soume of 303. money and 
that for ane new sark giwin be me to hir to wash. 



1648. 

January 2ist. Jeane Bonyman, relict of wmq 11 . Alex r . Leslie, 
merchand burges of Elgin, wes decernit to restoir and delyver to Agnes 
Troup, spous to Alex r . Allane in Borrowbriges of ane mekill pan or four 
merks money for the samyn and that borrowit be the said Elspet Leslie 
her dochter from me. 

March 8th. William Andersone, eldest laufull sone to Johne 
Andersone, skinner, burges, was admittit burges as his father's eldest 
sone for payment makeing of fyve s. in ane purs and gaue his aithe as 
wse is. The said day Lauclane Innes, skinner in Elgin, wes receawit 
and admittit frieman and burges of the said bruch for payment makeing 
of fiftie merks money. 

May 2nd. Alex r . Nicoll [and 17 other] cartcallers in Elgin were 
decernit to be poyndit for 2os. ilk persone and to be wardit till they sett 
caution for keeping of guid ordour anent the cutting of honest mens 
cornes and grass and that they put furthe hirds with ther horses and 
wther guids wnder the paine of ten libs, ilk ane. 

May 3rd. The persones underwrittin were decernit to make payment 
to Christan Kare, relict of wmq 11 . Mr. David Philp sumtyme minister at 



1 84 RECORDS OF ELGIN. [1649. 

Elgin : James Faire at the West Port wes decernit to mak payment to 
her of 6s. 8d. for the wicaradge of ane calff cropt 1647 yeirs, Alex r . 
Nucoll at the West Port of 6s. 8d. for ane calff with ten s. for ane fleis of 
woll with the wicarage of four lambs, George Steinsone, gairner in the 
Freirs for the keane of tuo kair 135. 4d. and James Glas 6s. 8d. for the 
keane of ane calff. 

June 28th. The persones underwrittin were decernit to mak payment 
to Murdo McKenzie minister at Elgin : Walter Milne ten firlotts wictuall 
for the teind of tua aughten pairts of land perteining to William Innes 
in Barlowack cropt 1647 at eight merks 6s. 8d. the boll etc. 

October nth. Andrew Clerk was decernit to pay to Christian 
Gordone, relict of Dr. Alex r . Hardie, ane stone of butter or eight merks 
and that for cureing of the said Andrew his ledge. 

October 25th. James Chalmer, skinner, wes decernit to mak payment 
to the richt hon". Thomas McKenzie of Pluscarden of the soume of 1 19 
pounds 1 6s. as the rest of his ferm and dewttie for his occupatione of the 
lands of Lyperland. 

1649. 

January i8th. The cordiners [seventeen in number] fined in all in 
63 pounds i6s. 2d. for breach of statutis. 

February 28th. George Watsone, gouffer, burges of Elgin, wes 
decernit to mak payment to Alex r . Geddes, skinner, burges ther, of four 
punds four s. money and that in contentatione of certaine golf clubs coft 
and receawit be him fra the said Alexander. [The foregoing entry is 
thereafter deleted.] 

April nth. Alexander Murdoch, skinner, was decernit to pay to 
Andrew Innes in the Colege for nine pynts acquawytie also to pay to 
Alexander Edwaird, tailzour, and Margaret Findlay his spouse for seven 
pynts acquawytie [price of the pint 255.] 

May 1 2th. Walter Gilzeane, saidlcr, burges of Elgin, becam actit as 
cautioner souertie and law borrowis for George Watsone golf bal maker 
burges ther that John Duncan wreight ther, his wyfe, bairnes, familie, 
guidis and geir salbe harmles and skaithles of him and all that he may 
stop or let directlie or indirectlie wther wayes nor be ordour of law and 
justice wnder the paine of fyue hundreth pundis. 



1650.] BURGH COURT BOOK. 185 

June 5th. William Milne resigns his Spittall croft lying betuix the 
kings highway that passes fra the east poirt of the bruch to the bridge 
of Barmuckatie at the south, the channonrie crofts of the Cathederall kirk 
of Murray at the north, extending in lenthe fra the burne of Tayok at 
the east to the Lyper lands at the west in favour of Alex 1 ". Dunbar. 

August 1 5th. Andrew Ros, wobster, was decernit to mak payment 
to William Torrie of 155. and that for certaine stones away takin be him 
out of the said William his correll. 

October igth. The pitie customes rowped for 173 pounds 6s. 8d. for 
ane year. 

December I2th. Robert Smyth, flesher in Elgin, was decerned to 
pay to John Jacksone in Standing Stone 415. borrowed be him. 

William Robertsone, litster [and 1 1 others] summoned at the instance 
of Alexander Innes in Oldmylnes for abstractit multers. All were 
absoluit be their oathis. Several others were decerned to make payment 
to him viz. ane peck of ilk 17 pecks. 



1650. 

May 1 5th. Anent the compleant givin in be Johne Alpin alias 
Grigor, armorer, burges of Elgin, againes George Alpin alias Gregor his 
sone for the away taking of ane assignatione out of the said Johnes kist 
wherin the said Georges name was onlie made vse of to his fathers 
behoue, the assignatione was of the soume of 200 merks restand be 
vmq 11 . Alex r . Leslie to the said Johne and vpon the qlk assignatione 
their was sentence obtained in the said Georges name for the said soume 
againes Jeane Bonyman as intromissatrix with the said vmq 11 . Alex r . his 
guids and geir, the said George Alpin compeired and confessit the grant 
of the assignatione and his intromission therwith and putting away of 
the same and therefor the baillies decernes the said George Alpin to 
make up the assignatione or to gif ane sufficient discharge to Bonyman 
on what he hes receavit fra her. 

July 3ist. Andrew Hay, cordinar burges of Elgin, and Andrew Hay 
his sone becam actit as cautioner for James Hay, sone naturall to the 
said Andrew Hay, cordinar, that he shall serve in the kingdomes 
service for the toune of Elgin in this present levie haiffing payment as 

Z 



186 RECORDS OF ELGIN. [1651. 

uthers sogers within the said burghe shall receive wtherwayes the said 
Andrew Hay y r . shall goe on in service for him or pay ane hundreth 
punds money for the same. The said day Allex"". Man, merchand burges 
of Elgin, being accused be Mr. James Annand pro r . fishall of the said 
burgh for not entering his persone in ward being chargit thereto be 
Robert Smyth, officer, at command of George Cuming, baillie, for not 
payment making of his dues to the secund levie qlk disobedience (the 
said Allex r . denyand) wes verified be famous witnesses inrespect wherof 
the said Allex r . his fredome and burgeship wes takin from him and his 
buith dore ordained to be arrested and the rest of his punishment referred 
to the Counsel!. 

December 1 8th. Helen Culback, spous to Robert Donaldsone, skiner 
in Elgin wes decernit to make payment to Johne Shearer servitor of 
allevin merks money with threttie shillings money for sex quarters gray 
cloath with tuell shillingis money for ane pair of new shoone with sex 
shillings aucht pennyes money for ane pair of casting hose and that for 
fies and bountayes rcstand be her to the said Johne for his service done 
to her fra Mertimes 1649 to Mertimes 1650. 



1651. 

March 2ist. In presence of Mr. John Douglas, prowest, George 
Cuming, Thomas Calder, Alex r . Dunbar, baillies, sitting in jugement for 
the tyme the persones after following goeing out as sogers for the toune 
in Col. Robert Dunbar appeirand of Westfeild his regiment were all 
received burgesses and fremen of the said burgh viz. Alex r . Watsone, 
skinner, John Shearer, Johne Petrie, James Murisone, Rob'. Gilzeane, 
George Paull, wobster, Alex r . Midiltoun, Alex r . Gilzeane, skiner, Sergeant 
Johne Bain, Thomas Sibbald, Leonard Pedder, cordiner, Johne Mitchell, 
skinner, Dauid Mauer, skiner, Johne Broune, Andrew Angus, wobster, 
Johne Leslie, skiner, George Robertsone, skiner, Robert Watsone, flesher, 
Andrew Layng, cordinar, Andrew Fimister, cordiner, Alex r . Peterkin, 
sadler, Andrew Cuming y r . cordiner, Alex r . Rose, smyth, James Andersone, 
skinner, Johne Puggit, Ja s . Thomsone, smyth, William Chisholme and 
W m . Petrie quha gaue thair aithes as vse is. 



1652.] BURGH COURT BOOK. 187 

April i6th. Alexander Sutherland, flesher, wes decerned to mak 
payment to George Smyth, chalmerland to Sir Alex r . Sutherland of 
Duffus, knicht, of ten libs, money as the pryce of ane boll wictuall for 
his occupatione of a parte of the lands of Vnthank crope 1649. 

May 7th. Capitaine George Smyth was decerned to make payment 
to George Watsone, golfballmaker, burges of Elgin be the judges 
modificatione of four merks money for ilk pick of fyve picks restand to 
him be the said Capitane George wherof he grantit the recept. 

June lith. Johne Corbane, wobster, was decerned to wyve ane wob 
of elne bread, elne worth threttie s. the elne delyvered to him for that 
effect a year before be Dame Marie Innes, Ladie Fetterletter, and that 
before the aucht of Julij nixt or vtherwayes to pay the pryce forsaid. 



1652. 

April 2ist. Andrew Nukill in Kirktoune of St. Andrews his dittay : 
"Thou Andrew Nukill are accused and indyted on thy lyfe for the 
thiftuous stealling and concealling of ane pair of whyt plaidis worth 
fiftie four shillingis money and certane yron worke, the plaids off ane 
bed and the money and iron work out of ane lock fast kist by breaking 
vp the same in the house of Allex r . Smyth, smyth, burges of Elgin, 
vpon the sexteine day of Apryll instant whilk thou cannot deny." The 
pannel confessed the away taking of the plaidis and iron work but 
denyed any money whereupon he was referred to ane assyse of fifteen 
persons who pronounced him guiltie and the judges [the provost and 
four bailies] ordained the pannell to be brought to the west end of the 
tolbuith and there to be whipt and from thence to the place called the 
Litill croce and there againe to be whipt with a dussone of stripes at 
each place and they ordaine the partie who wanted the goods to be 
restored to his owne. 

May iQth. John Gourlie hes gott the marcat day nixt viz. trinitie 
day to pay his 25 merks which should bein now payed. 

May 26th. The said day delyvred be Allex r . Forythe, glaswright, to 
Serjant John Griffen ane pick, ane fyrlock and ane muscat with twa 
bandolirs left at his house by thrie sojors of Collonell Fitch his companie 
viz. Allex r . Basnet, John Basnet and Robert Litlaw. 



1 88 RECORDS OF ELGIN. 

Borrow court of the burghe of Elgin haldin within the toune of 
Mostowie be Mr. John Douglas, provest, William Falconer and John 
Chalmer, baillies, the third day of Junij 1652. The said day it is enacted 
(the whole tennentis being present) that none of them shall sell ony 
peattis or firr out of the mosse of Mostowie to any persone whosoever 
except to the toune of Elgin under the paine of ten pundis and warding 
of their persones dureing the counsells pleasure. And siclyk it is enacted 
that whosoever of the saids tennentis shall reveale vpon strangers casting 
peattis and wining firr in the said moss of Mostowie and shall stopp 
them to their pouer shall have the third of the fyne. 

June Hth. Andrew Russell in Innerlochtie renunceand his ouen 
jurisdictione in that part submittit himself to the toune of Elgin, is 
become willinglic acted that he shall not be fund druckin within the 
toune of Elgin nor offend any magistrat therin at any tym hearafter 
vnder the paine of fortie pundis money. 



1748. 

April 1 3th. Marywell grass set for three years' tack at .15 us. Sc. 
yearly. The Horse Post Office set for 17 IDS. Sc. for the year and the 
Shambles for 45 I2s. Sc. 

April 29th. William Stephen, merchant, fined 24 Sc. for assaulting 
Alexander Gilzean, shoemaker, both being prisoners in the tolbooth, 
Alexander Gilzean fined 12 Sc. for assaulting William Stephen in the 
tolbooth. 

May 26th. The Trustees for the Encouragement of the Linen 
Manufactures in North Britain having offered prizes for certain kinds of 
coarse linen to be contended for at Elgin the magistrates appoint judges, 
all merchants in Elgin, who decide the chief prizes as follows : The web 
of 1 200 wrought two's in a reed containing 1200 splits upon 40^ in. the 
whole whereof was filled with 1200 double threads measuring now 42^ 
yards in length and 36 inches on the breadth and weighing 20^ lib. 
woved by Alex r . McKenzie in the College of Elgin, was the best of that 



1 749-] BURGH COURT BOOK. 189 

kind. The narrow 1300 wrought by James Hutcheon, weaver in Elgin, 
was the best of that kind. The broad 1300 wrought by James Donald, 
weaver in Elgin, was the best of that kind, etc. 

John McDonald, imprisoned for suspected theft of wine, tobacco, &c, 
escapes out of prison. He petitions the magistrates to be allowed to 
undergo voluntary banishment not to return to this kingdom. On 22nd 
July the magistrates consent and appoint his person to be delivered to 
Alexander Grant, volunteer in General Hacket's regiment, to be by him 
transplanted to Holland and regimented in the Dutch service. 

October 1st. The following are on the suit roll of the burgh : Earl 
of Murray, Lord Braco, Laird of Grant, Archibald Dunbar of Duffus, 
John Innes of Dunkinty, William King of Newmiln, Alexander Calder, 
merchant, Laurence Sutherland of Greenhall, Captain Francis Stuart, 
Dr. David Brodie of Main, William Forsyth, glasier, Mr. Lachlan Shaw, 
minister, John Ogilvie, post, Robert Smith, glover, John Spens of 
Stankhouse, James Ogilvie of Pittensear, Sir Thomas Calder, &c. 

November 28th. Mr. John Cruden, teacher of youth in Elgin, took 
the oaths appointed by law as a teacher of youth. 



1749. 

May 25. The six best pieces of cloth competing for prizes had to be 
certified as made of yarn spun from flax grown in the neighbourhood of 
Elgin. For another prize the flax was grown two miles west of Elgin 
viz. at Mostowie. For the other prizes the flax was stipulated to be 
" the growth of Scotland." 

July 6th. Burgh Court holden upon the lands of Mostowie. Sixty 
one burgesses and inhabitants were present. Each absent burgess was 
fined 5 Sc. Having perambulated the mosses they find several en- 
croachments made by tenants of the Leggat, casting peats. These 
peats were cast into the pots. The tenants of Mostowie encroach by 
making corn lands upon the peat ground. Several are fined. 

August 9th. James Russel, glover, and two others are fined 5 Sc. 
each for keeping swine in the burgh in contempt of the town's statutes. 



IQO RECORDS OF ELGIN. 



1750. 

May 2nd. Helen McKintosh confessed she was found in James 
Anderson's house alone in time of divine worship. Rather than stand 
a trial she agrees to voluntary banishment from the territories of the 
town of Elgin never to return. 



I75 1 - 

January /th. Helen McKintosh (supra) has returned to the town 
and is suspected guilty of several malpractices. The magistrates appoint 
her to remain in prison till to-morrow betwixt ten and twelve in the 
forenoon and from thence to be carried to the west port of this burgh 
and from thence to be carried through the said town to the east port 
attended by the Hangman, drumbeating and officers in the usuall way 
and hereby banish her from the burgh in all time hereafter with certifica- 
tion if she return she will be branded on the cheek with the town's iron 
and publickly wheept by the hand of the hangman as oft as she shall 
return thereto. Her sister Janet is found attempting to steal peats and 
accepts of voluntary banishment. As she has no visible means of 
honestly subsisting the magistrates banish her furth of the burgh. 

August 7th. The magistrates offer a reward of 55. Stg. to any 
person who shall discover or apprehend a person or persons breaking 
gardens and pulling and destroying pease and beans and digging up 
potatoes. 

September 28th. The Trustees for Encouraging the Spinning of 
Linen Yarn give prizes for coarse linen. Two webs of reed uoo. The 
one woven by John Walker in Newmiln is the best (breadth 38 length 42 
weight 21 1.4). Two webs of narrow uoo. William Anderson's, Elgin, 
is the best (breadth 34 length 49 weight 21 n 10). Two webs of 1200. 
The best is William McKenzie's, son of Alexander McKenzie, in Elgin 
(breadth 38 length 43 weight 20 n i). Two webs of reed 1300. John 
Ross', apprentice to the said Alex r . McKenzie, is the best owner of 
web, Archibald Dunbar of Duffus (breadth 38 length 42 weight 19 8). 
One web of 1400. James Hutcheson's in Elgin is the best (breadth 38 



I75 2 -] BURGH COURT BOOK. 191 

length 42 weight 1911 i). One of 1500. Alex r . McKenzie's in Elgin is 
the best (breadth 38 length 42! weight 18). 

December nth. Colonel Burges' Regiment is presently in Elgin. 

[In 1748, Col. Batteran's regiment was in Elgin, and a few months 
later (in November) General Barrel's.] 



1752. 

June 2gth. The magistrates fine William Asleman, carrier in Aber- 
deen, presently prisoner within the tolbooth for his prophaining the 
Lord's day by driving a cart and a horse through the High Street of the 
burgh of Elgin yesterday before divine service in the forenoon in the 
sum of 12 Sc. payable to the town's treasurer, to be applied to such 
pious uses as the magistrates shall direct. 

July. The following weavers compeared before the Magistrates and 
enacted that they shall weave linen cloth in terms of the several Acts of 
Parliament made thereanent and of the regulations made by the Trustees 
for improving Fisheries and Linen manufactured in Scotland : William 
Anderson, Pluscarden, Robert Anderson, Longbride, James Younie, 
Hattoun of Longbride, John Mitchel, James Donald, William Fraser, 
Alex r . Meurson, John Gatherer, James Sutherland, John Greenlaw, 
Thomas Cook, Robert Gedlie, William Anderson, and Alex r . Warrand. 
all in Elgin, also Alex r . Boyne, Bishopmiln, James Allan there and 
Alex r . Findlay, Elgin. 

November 4th. The fiscal complained upon William Roust, son to 
the deceased Alex r . Roust, master of the Musick School, and twelve 
other boys for their profanation of the Lord's day and riotous and 
indecent behaviour in the church at several times and for their beating 
and blooding one another in the church and making noise and disturbance 
in time of divine worship. The parents who appeared were warned, the 
absents were fined $ Sc. each. 

November 7th. John Munro, sheriff officer of the shire of Nairn, 
having brought John McDonald, sometime residenter in Elgin and 
servant to James Stephen, merchant, under a guard, presented to the 
magistrates a dead warrand signed by Lords Strachan and Drummore, 
to be imprisoned until I7th November, and then carried to the common 



IQ2 RECORDS OF ELGIN. [1754- 

place of execution of the burgh and betwixt the hours of two and four 
in the afternoon of the i/th November to be hanged by the common 
hangman upon a gibbet until he be dead. He was put in the middle 
vault of the prison commonly called the Theif's Pitt and put in irons. 
The outer and inner doors of the vault were secured with two padlocks 
besides the other locks on said door. The keys are to be kept by the 
baillies three nights each in turn till the day of execution. 



'753- 

March 1 4th. Christian Watson, spouse to James Russell, stole a 
white coloured napkin from Robert Anderson, writer, and was guilty of 
other petty thefts. She is remitted to prison till Friday when she is 
appointed to be put out of town by tuck of drum with the hangman at 
her back and a paper on her breast bearing the crime for which she is 
being banished the town of Elgin for life. If she return she is to be 
imprisoned and publickly wheeped every Friday or weekly mercate day 
for a month. If thereafter she return she is to be wheeped weekly in the 
same manner. 

December 3rd. Margaret Grant, relict of William Clark, hyrer, for 
frequenting the company of soldiers in their room at unseasonable hours 
is appointed to be drummed and banished the town for life. 



1754- 

June ist. Robert Leslie and Alexander Cook, merchants, are fined 
IQS. Stg. each for absenting themselves yesterday from the guard who 
was attending the execution of Janet Clerk. 

Burgess Oath. I shall be a leall and true burgess to the Provest, 
Baillies, Councill and Community of this Burgh. I shall keep their 
Counsell secretly in as far as it shall please them to impart it to me. I 
shall give them my Counsell efalie when it shall please them to demand 
it. I shall purchase no Lordships in their contrary. I shall trafeck 
with no unfreeman's goods under colour of my own. I shall scott and 
lott, stent, watch and ward when required and shall doe the duty of a 



I75S-] BURGH COURT BOOK. 193 

faithfull burges in all other things according to my ability. So keep me 
God. [A copy of this oath is entered on the inside of the cover of the 
three Court Books, 1748-1754, 1765-1770, and 1796-1809, for convenience 
of reference.] 

1755- 

March 3rd. A whore drummed. The fiscal complained upon Anna 
McRaa, late servant to Alex r . Gray, litster, for disorderly behaviour and 
frequenting the company of soldiers at undue seasons, particularly 
yesterday morning that she was found in a soldier's room about six 
o'clock in the morning and she being examined upon the above facts 
acknowledged the same and that she was presently in no service. In 
respect whereof the Baillie [Laurence Sutherland] ordained her this 
afternoon at three o'clock to be brought from the tolbooth of Elgin and 
drummed to the west port of this burgh and hencefurth discharge her 
this burgh with certification that she shall be drummed so oft as she 
shall return thereto. 

March I2th. A whore drumed. Jean Thain presently imprisoned 
within this tolbooth for her disorderly behaviour and frequenting the 
company of soldiers at undue seasons to be drummed through this town 
this afternoon at three o'clock to the East Port and from henceforth 
banished this town and to be whiped so oft as she shall return. 

March I5th. A whore drummed. Anna Denoon, daughter of the 
deceased James Denoon, sometime corporal in Colonel Mordant's Regi- 
ment, confessed she was found in the room of John Herris, a soldier, 
below the bed with part of her cloaths off when the town's sergents 
came in quest of her. She is to be confined in the tolbooth untill Friday 
next betwixt the hours of twelve and one o'clock afternoon and then to 
be conducted by the town's officers and drum beating first to the west 
and then to the east port of this burgh and if she return she shall be 
whipt with the hand of the common hangman and drumed publickly 
through the streets so oft as she shall return. 

April 9th. The vault under the little kirk set for 5 Sc. 

April 23rd. The vault under the tolbooth set for 3 Sc. The 
quarrels at Lossiemouth set for 6 Sc., the magistrates reserving the use 
of what stones they require for the public use. 

A I 



194 RECORDS OF ELGIN. [1755- 

June 1 8th. John Marshall, weaver in the College of Elgin, and 
Alexander Falconer, weaver in Elgin, enacted themselves that they shall 
weave linen cloath and diaper sufficiently and shall observe the haill 
directions given by the Hon. the Trustees for improving the Fisherys 
and Linncn Manufactorys in Scotland under the several penaltys con- 
tained in the several! Acts of Parliament made thereanent. 

August Qth. Janet Baird, relict of William Hay, sometime in Dun- 
kinty, is expelled the burgh for keeping a disorderly house. 

Anna Bannerman, daughter of John Bannerman, shoemaker, within 
this burgh and Anna Gordon, presently prisoners within the tolbooth 
" for unchast and indescent behaviour " to leave this burgh and never to 
return under penalty of 5 and they submit to be whipt if they return. 

August 2oth. William Russell, fiscall of court, complained upon 
George Miln, John Cormie, Alex r . Lee, James Watson, Thomas Watson, 
Robert Cuthbert, John Grant, Robert Geddes, barbers and peruke makers 
in Elgin, for their sheaving and dressing wiggs upon the Lord's day and 
craved they might be fined in terms of the severall laws and Acts of 
Parliament made anent Saboth breakers and that they might be 
incarcerated until they find caution for their future good behaviour in 
terms of law. Some of the accused appear, the absents are fined $ Sc. 
Robert Geddes not appearing is to be apprehended and incarcerat untill 
he appear to answer the complaint. The said day Robert Geddes being 
apprehended and interrogated upon the complaint acknowledges that 
sometymes he has been called upon the Lord's day to the houses of Sir 
Hary Innes of Innes, Willliam King of Newmiln, Sir Robert Innes of 
Ortown, Alexander Petrie and Mrs. Russell, vintners in Elgin, to shave 
strangers who happened to be there accidentally on the Lord's day and 
that he has gone and shaved them and dressed their wiggs and acknow- 
ledges that he has shaved some of the inhabitants of the burgh of Elgin 
his customers and dressed their wigs upon the Lord's day when they had 
occasion to be from home on Saturday or late in a tavern on Saturday's 
night and that sometymes he has carried some of his customers' wiggs 
home on Saboth days' morning when he was busy shaveing his customers 
Saturday night and when the customers neglected to send for them and 
declares he cannot write. The bailies find he has been guilty of a 
profanation of the Saboth and therefor fine him in ten pound Scotts and 
appoints him to remain in prison untill he find caution for payment and 
for good behaviour in tyme comeing for two years. 



I7S7-] BURGH COURT BOOK. 195 

September 7th. Michaelmas Head Court. Lands in non-entry : 
William Surges' i8-part, George Chalmers' i8-part, the lands of Pitten- 
sear and James Ogilvie's 18 parts. 

October 3<Dth. Head Court called to consider a submission proposed 
to be entered into with Lord Bracco and Mr. Duff in Old Milns with 
respect to the proces of abstractions at Lord Bracco and Mrs. Duff's 
instance against several of the inhabitants and the proces of declarator 
at the Town's instance against Lord Bracco. The meeting agreed to 
arbitration. 

1756. 

April I4th. The town's four butts and old yeards set for ,8 148. 
yearly for three years. The Lyperland set for .109 Sc. besides publick 
burdens, said 109 Sc. to be free rent payable to the Hospital. The 
following set for the sums specified in every case besides publick burdens : 
Pittulie's Hospital croft 34 Sc., the Shooting Acres 55 Sc., the Toun's 
Hospital Croft 18 143. Sc., Goose Crook 16 135. 4d. Sc., the School 
Acre, 24 IDS. Sc., and the town's Eighteen part 27 33. 4d. Sc. On 
26th March the quarries at Lossiemouth, the loft above the Hospital, the 
vaults under the Little Church and Tolbooth and the Horse Post Office 
exposed to roup but none offered. The Shambles meall set for .35 i6s. 
Sc. The Horse Post Office thereafter set for 16 Sc. 

September. The Head Court fine each absent freeholder $ Sc. 

On the suit roll appear Lord Braco, James Innes, surgeon, Dr. David 
Brodie of Main, etc. 

October 3Oth. The custom arising from malt brought from the 
country set for 8 stg. 

'757- 

March gth. The Marywell grass let for three years at 15 135. Sc. 

September. On the suit roll appear Archibald Dunbar of Newton, 
William King of Newmiln, John Spens of Stankhouse, Archibald Duff 
of Drummuir, etc. 

December 6th. Compeared before two of the baillies of Elgin, 
Mr. James Cruden, principal master of the Musick School of Elgin, 



196 RECORDS OF ELGIN. [l7S9- 

and qualified himself to the Government by taking and swearing the 
oaths of allegeance and abjuration and subscribing the same with the 
Assurance. 

1758. 

March 29th. The Vault under the Little Church set for 5 Sc. 
The sum of 2 I2s. Sc. offered for the Gallowhill grass. 
Dougal Leaich, soldier in Capt. Gaubries' Company of the Regiment 
commanded by Colonel Parslo to be tried for rape. 



1759- 

January 3ist. Margaret Findlay and Anne Torrie ordained to 
remain in prison till Saturday next and until they find caution under the 
penalty of 100 merks Sc. each to leave this burgh and liberties thereof 
and not to return in any time hereafter. They were guilty of profanation 
of the Lord's day by drinking in the house of David Demster upon 
Sunday se' night. They drank part of three bottles of ale with a soldier 
James Symers. They said that David Demster's wife was always in 
company with them. The soldier was courting Ann Torrie to be his wife. 
One of the town's officers, Andrew Hosack, came in and quarrelled them. 
David Demster said they were drinking a civil bottle of ale. Andrew 
Hosack deponed that he was informed that both Ann Torrie and 
Margaret Findlay were of a slight behaviour. David Demster is ordained 
to be confined in the prison of Elgin until eight at night and until he 
find caution under the penalty of 100 Sc. for his good behaviour for 
twelve months. 

February 3rd. George Allan, hyrer in Elgin, becomes caution for 
David Demster. Annie Torrie was liberate in respect she is married to 
James Symers. Margaret Findlay finding caution to leave the burgh is 
set at liberty. 

March 3ist. Compeared Andrew Brander and became cautioner for 
Lachlan Dunbar, weaver and linen manufacturer in Elgin, that he shall 
weave linen cloth in terms of the severall statutes made thereanent under 
the penalty of five pounds Sterling. In like manner William Proctor 



1760.] BURGH COURT BOOK. 197 

becomes cautioner for Daniel Bain, weaver and linen manufacturer in 
Elgin. Also Donald Bain becomes cautioner for James Anderson, weaver. 

September nth. Head Court of the burgh holden by Provest 
Robertson, John Laing, John Duff and Robert Leslie, baillies. The 
said day being the second Tuesday of September the present condition 
and circumstances of this burgh and of the common good thereof and 
the Magistrates' management of the same and the haill office bearers' 
books &c. accompts for the last year being exposed twenty days pre- 
ceeding this date were this day read over for the satisfaction of burgeses 
and inhabitants and none appeared to object against them. (Signed) 
Ja. Robertson. 

December 1st. The baillies sign licenses to retail ale etc. in favour 
of William Williamson, glover, James Shaw, maltman, and John Baron, 
shoemaker, till the 25th October next. 



I 760. 

February 2nd. The fiscall complained of William Stewart, son to 
William Stewart, hyrer in Elgin, for a relapse in fornication committed 
by him on Elizabeth Dunbar and therefore craved that the said William 
Stewart might be fyned in terms of law and committed to prison till 
payment. The said William Stewart being apprehended and brought 
before the magistrates acknowledged that he had two children got in 
fornication upon the said Elizabeth Dunbar and was fyned for the first 
transgression by the magistrates and paid the same. (Signed) Wm. 
Stewart. The baillies find the complaint proven by William Stewart's 
acknowledgement and therefore fynes him in twenty pounds Sc. to be 
applyed in terms of law and appoints him to remain in prison till pay- 
ment. The said day William Stewart having paid the fine was liberate. 

April 1 7th. Head Court. The provost represented to the meeting 
that the Council! had about three years ago given the inhabitants an 
attolerance to plant potatoes in the muir which belongs to the town 
besouth the Cattails or Mosswards that after the Trades had been at a 
considerable expense in enclosing a part of the muir for preserving their 
potatoes the Earle of Fyfe had complained of this Inclosure as an 
incroachment on his right as having a servitude on the whole muir and 



198 RECORDS OF ELGIN. [1762. 

had procured ane interdict first from the Sherrif and afterwards from the 
Court of Session by which the inhabitants were stopped from planting 
any more potatoes in that part of the muir ; that the inhabitants had 
been complaining from time to time of the incroachments made by the 
country heritors upon the town's commontys and particularly on this 
muir while the town had little or no benefit by it, that the muir was so 
barren and of so little value in itself that it would not bear the expence 
of a process of division and that the town had already been put to a 
greater expence in preserving their interest in it than it was worth, that 
the Incorporated Trades had offered to take a feu of that part of the 
muir which they had lately inclosed and had offered 403. stg. yearly feu- 
duty therefore, but as the Council could not grant such feu without the 
consent of the Earle of Fyfe and Dr. David Brodie of Main, they had 
agreed to give them a share of the muir, which was accepted on condition 
of absolute warrandice. This the Head Court now sanction, also they 
sanction the grant to the Incorporated Trades. There were present at 
said Head Court 134 members, of whom Nos. 1-42 were heritors and 
burgesses ; 43-51 smiths ; 52-64 glovers ; 65-80 taylors ; 81-104 weavers ; 
105-117 shoemakers and 118-134 wrights. [Seven were heritors of 
eighteen parts.] 

I 761. 

June 3rd. David Sim, sheriff officer in Elgin, being convict of 
keeping a disorderly house, was upon his own application banished 
the burgh and libertys thereof for ever with certification that if he return 
he is to be putt upon the pillory and drumed through the town so oft as 
he shall return. 

September loth. Barbara Reid for whorish practices expelled the 
burgh, and if she return to be whiped by the hangman or drumed. 



I 762. 

July 3ist. Janet Laing, presently prisoner in the tolbooth of Elgin, 
and who was ordained by the Lords of Justiciary at the last Circuit of 
Inverness to be execute at Elgin for the crime of murder, she having 
now received a pardon is liberated. 



1765.] BURGH COURT BOOK. 199 

September 1st. James Allan, procurator fiscall, complains upon John 
Cummine in Mostowie and twenty six others for casting and winning 
peats and fir in the Moss of Mostowie and selling the same through the 
country and for takeing in and improveing the land and converting the 
same into corn land, etc., and had been guilty of aforesaid offences 
repeated times within these seven years past. Some confess they sold 
peats, took middeneard (or moss earth) out of the moss and mixed it 
with their dung, planted potatoes in the moss and sold peats to people in 
the country both in liets and loads. 

October 22nd. The vaults under the tolbooth to be set: (i) the 
vault at the wester end entered at 3 Sc., (2) the westmost vault on the 
north side of the tolbooth entered at 45. stg. 



1764. 

April 23rd. Mortification of a half quarter or aughteen part of the 
lands of Over Barflathills and half quarter or aughteen part of the haugh 
thereof pertaining to Alexander Gordon of Cairnfield lying within the 
barony of Kilmalimnock to Rev. Francis Chalmers, Episcopal minister, 
Elgin, and his successors. 

May 2ist. John Hardie, one of the town's officers and keeper of the 
gaol, to be incarcerate for allowing Thomas Smith, prisoner, to escape, 
and his coat and halbard to be taken from him. 

July 7th. Andrew Russell in Mostowie and eighteen others fined in 
8 Sc. each and confined in prison till payment be made for destroying 
the moss, building houses on it, enclosing parts of it and planting 
potatoes and other roots and vegetables in it, etc. 

July 3 1st. The magistrates set at liberty the tenants of Mostowie 
who were incarcerate, being served with a copy of suspension and charge 
to set them at liberty. 

1765- 

April 3rd. The seats in the new loft of the church rouped for i8s. 6d., 
193., etc., each a year. 



200 RECORDS OF ELGIN. 

July I ith. Kenneth Leal [a name that figures in the after history of 
the county],* late farmer in Crookmuir, now in Cross of Bishopmiln, com- 
plains on James Mellis, merchant, as to a bill. Mellis is fined 10 stg. 
for an insult to the magistrates. [Kenneth Leal's signature here appears]. 

October. Licenses granted for retailing ale and other excisable 
liquors in terms of the Act of Parliament of the fifth year of the reign 
of his present Majesty to : Lilias Gumming, vintner, William Donaldson, 
smith, John Hay, town officer, Alexander Petrie, William Arnot, James 
Shaw, George Milne, Robert Gordon, all vintners, James Bower, butcher, 
John Baron, shoemaker [and sixteen others]. 

1766. 

March. The town's aughtcen part rouped at 18 IDS. Sc. The 
anchorage and shore dues rouped for three years at 5 stg. yearly. 
John Gumming, merchant, takes a tack of the Gallowhill grass for nine 
years and engages to enclose the lower part with a ditch and to pay 
3os. Sc. yearly. 

September 3rd. William McAndrew, glover in Elgin, who was com- 
mitted to prison on 26th August by authority of the sheriff substitute 
for being art and part or accessory to the breaking open of the Excise 
Office in Elgin, has escaped from the prison (the stones on the head of 
the stair below the door and the stones in the inside and outside of the 
door had been raised, the locks untouched). The other prisoners, John 
Ellis and James Rhind, had not escaped. The sum of 5 stg. is offered 
as a reward for his re-apprehension. 

October 24th. Licenses (24 in number) for retailing ale and other 
exciseable liquors granted to two shoemakers, three weavers, one gun- 
smith, one proofman. two butchers, two town's officers, &c. 

1767. 

February 6th. Margaret Findlay engages to leave the burgh within 
a month and never to return. 

* One Kenneth Leal, apparently the same man, robbed the post on the road between Elgin 
and Fochabers in December, 1772. He was tried at Inverness, and hanged on the spot where 
the deed was committed, in July, 1773. 



1768.] BURGH COURT BOOK. 2OI 

June. A dispute arises betwixt Linkwood and the town anent their 
muirs betwixt the town and the lands of Linkwood. 

November 4th. Kenneth Leall vintner, offers for a tack of the petty 
customs being 58 yearly for three years [his signature appears here], 
but they are set to Thomas Morison for 60 i is. 



1768. 

February 22nd. James Allan, procurator fiscal delates to the Lord 
Justice Clerk for trial at the ensuing Circuit Court Alexander Clerk and 
John Dick for the crime of murder committed on Robert Wilson. 

Roup of the Common Good : Cellar below the stair of the magis- 
trates' loft in the kirk, old rent 2 Sc. yearly. No offers. Lyper land 
114 Sc. offered. Pitullie's Hospital Croft 53 IDS. Sc. offered. Town's 
Hospital Croft James Cruden, schoolmaster, offered 27 Sc. The 
Shooting Acres 59 Sc. offered. School Aicker 36 Sc. offered. The 
Goose Crook \J IDS. offered. The town's four butts and old yards 
11 6s. Sc. offered. Marywell grass 26 los. Sc. offered. Churchyard 
grass 26 2s. offered. Horse Post Office 12 Sc. offered. Vault under 
the litle church 2 Sc. offered. Cellar under the Council house stair 
2s. Stg. Loft under the Hospital i Stg. Seats in the New Loft in 
the kirk: (i) 195. Stg. (2) 193. Stg. (3) No offer. (4) No offer. 
Shambles mail (3 IDS. present rent). No offer. 

May 23rd. Resignation of Glassgreen and Muirytack in favour of 
Robert Anderson of Linkwood which lands formerly pertained to : 
(i) Robert Anderson, elder of Linkwood ; (2) Robert Anderson of 
Linkwood his son ; (3) Alex r . Dunbar ; (4) Sir Alex r . Innes of Coxtown ; 
(5) Sir George Innes of Coxtown ; (6) James Wiseman, writer in Elgin ; 
(7) Mr. John Dunbar of Burgie ; (8) James Anderson, Commissary 
Clerk of Murray and Barbara King his spouse ; (9) William Anderson, 
Commissary Clerk of Murray; (10) Robert Anderson, merchant, Elgin, 
and now of Linkwood. [No. 10 is brother of 9.] 

There is reserved to the Magistrates, Councill and community free 
use of the greens and mosses for casting and winning of peats, turfs, &c., 
within the lands of Glasgreen, commonly called the mosses and muirs of 
Glassgreen. 

B i 



202 RECORDS OF ELGIN. [I77 1 - 

August 8th. Resignation of the lands of Bailiefield and Blackbog, 
commonly called Nether Bogs, in favour of the Earl of Findlater by 
Dr. Alex-". Brodie, son of Dr. David Brodie. 

October. Thirty six licenses granted for retailing ale and other 
exciseable liquors to James Rhind, breeches maker, &c. 

" Provost Innes's Park " resigned in favour of the Earl of Findlater 
having the Moss Wynd at the west, the common muir at the south, the 
park that pertained to James Thain and now to Bailie John Laing at the 
cast and the bu-rn of Tayock at the north. 

1769. 

March 4th. The anchorage and shore dues at Lossiemouth set for 

7 Stg. 

July 22nd. Head Court called anent the division of the muirs and 
for regulating the marches 'twixt the Earl of Findlater as proprietor of 
Linkwood, Glasgreens and Muirytack and the town. The Court authorise 
the magistrates to proceed with the division. 

September I3th. Robert Grant, bailie, (now deceased), disponed 
(J759) to William, his second son, that part of the Easter Cattails on the 
south side of the burn of Tayock on the east by the highway from the 
town of Elgin by the Maltfoord of Tayock, where there is now a stone 
bridge to the Millntoun of Linkwood on the south by the muir ground 
lately improved, &c., part of which lands are formed into a bleachfield 
called Grant's Green. 

1770. 

March 7th. The dung of the streets for a year rouped for i6s. Stg,, 
the tacksman to have right to all the dung upon the High Street and 
School Wynd or vennel, he to remove the dung twice every week. 



1771. 

March nth. Margaret Fraser, only daughter of the deceased James 
Fraser, Sheriff Clerk of Murray, served heiress in special to her mother, 
Margaret Torrie, in a rood of land upon the south side of the burgh, 
called St. Duthack's Manse. 



I777-] BURGH COURT BOOK. 203 

1774- 

December loth. George Stronach, one of the town's officers, to be 
imprisoned for seven days for permitting Mary Colpriest, residenter in 
Fochabers, to escape out of the prison. 

1775- 

September 3Oth. Michaelmas Head Court held in the tolbooth. On 
the suit roll appear the names of Alexander Brodie of Windyhills, 
Archibald Duff of Drummuir, Mr. Lachlan Shaw, minister, John 
Robertson of Peebles, Archibald Duff, Sheriff Clerk, Robert Anderson 
of Linkwood, Laurence Sutherland of Greenhall, William King of 
Newmiln, William Grant of Grantsgreen, James Grant of Loggie, John 
Wiseman of Niddry's Wynd, &c. Lands in non-entry : the lands of 
Pittensair, James Robertson of Bishopmilne's lands, the Earl of Fife's 
lands, the Earl of Findlater's lands, George Chalmers' aughteen part, 
John Davidson's do., William Burges's do. &c. 

1777. 

February I7th. Resignation by William Spark of his half of the 
quarter of the town and lands of Barflethills with the half of the 
quarter part of the haugh which lands were formerly possessed by 
James Young, glover in Elgin, then by Robert Donaldson in Manbeen 
then by William Donaldson his son, then by John Brander, merchant, 
then by William Spark and Jean Lorimer his spouse, then by William 
Spark their son, which lands of old made a part of the barony of 
Kilmalemock but now are within the territory of the burgh of Elgin, 
parish of St. Andrews and shire of Elgin, and now disponed to Joseph 
Robertson. 

March 27th. Elizabeth Baxter, spouse to Andrew Davidson, shoe- 
maker, who has been confined three weeks in prison, consents to three 
months' imprisonment. Her crime was breaking open a chest. 

October 4th. The magistrates represented that the Town Council of 
this burgh having had under their consideration the expediency of having 
lighted lamps in the high streets and that the Councill had authorized 



204 RECORDS OF ELGIN. [1780. 

the Magistrates to call a Head Court this day to have the opinion and 
sanction of the burgesses and inhabitants thereanent and that the 
magistrates had caused the court to be intimated three severall times 
through the town by tuck of drum, 126 persons in all met all of whom 
voted for lamps except Dr. Alex r . Dougall, Dr. Hugh Dougall, his son, 
Alex r . Innes, tailor, Robert Allan and Andrew Fenton who declared that 
they were very willing to contribute their share voluntarily for the support 
of so good a work as lamps for the town of Elgin but declined being 
taxed by any man or set of men whatever either for themselves or for 
their posterity. 



1780. 

March I5th. John Sellar in Mill of Cruickmiln and presently 
prisoner within the tolbooth of Elgin in virtue of a caption at the 
instance of Thomas Sellar, writer in Edinburgh, was liberate in respect 
Thomas Sellar had failed to aliment him. 

March 22nd. The Gallowhill Green and Hangman's Croft being 
exposed for seven years under this condition that the occupier and 
carrier thereof shall not sow any corns thereon but shall keep the same 
always in grass and shall allow the people who come to the publick 
market with cattle or sheep to stand there during the market time without 
molestation and the same was carried by William Hay, weaver, at i of 
yearly rent. 

June igth. -Robert Murdoch agrees to give .1 stg. yearly for seven 
acres of the waste muir extending on the south to the road from Main 
through the Trades' Muir and on the west by that part of the muir feued 
to Mr. George Duff and on the north to the road from Main to the Miln 
of Walkmiln and on the east by the road leading along the west side of 
the Trades' Muir. 

June 23rd. Resignation in favour of Alexander Brander of that moss 
ward belonging to the two aughteen parts of land purchased by the 
deceased George Wilson, merchant, from John Spence of Stankhouse, 
extending in length from the ends of the crofts of Elgin at the north to 
the burn of Tyock at the south, containing 32 spaces in breadth. 



1781.] BURGH COURT BOOK. 205 

September. Michaelmas Head Court. Each absent freeholder fined 
5 Sc. On the suit roll : Alexander Brodie of Windyhills, the Convener 
of the Trades, the Deacon of the Tailors, the Deacon of the Shoemakers, 
the Deacon of the Weavers, the Warden of the Masons of Kilmalenach 
[Kilmalemock in 1782] Lodge, the Warden of the Trinity Lodge of 
Masons in Elgin, the Dean of Guildry of Elgin, the Hospital Master, 
Laurence Sutherland of Grcenhall, William King of Newmiln, James 
Grant of Loggie, Professor Ogilvie, James Gray, watchmaker, Captain 
John Innes of Leuchars, Joseph Robertson of Westfield, George Spark, 
watchmaker, Lieut. Alexander Anderson of the 6gth Regiment, James 
Brander, Pitgavenie, Alexander Brander of Kinnedore, etc. [73 in all]. 
Lands in non-entry : the Earl of Findlater's lands, the lands of Pittensair, 
Kirdels and Decroy, Nether Manbeen and Bogside, George Chalmers' 
aughteen part, William Burgis' aughteen part, James Milne's garden in 
Lossie Wynd, etc. [27 in all]. 



1781. 

June i6th. The shop at the Little Church set for three years to 
John Cormie, barber, for i6s. stg. yearly. 

August 29th. The dung or fulie on the High Street and all the 
other streets or wynds within this burgh set to Robert Smith, writer, 
for 1-0-3 yearly on condition that they be cleaned regularly once 
a week. 

October i8th. Elspet and Isobel Farquhars, daughters of Alexander 
Farquhar, day labourer, on 25th July last agreed, as appeared in minute 
of Session aud Act of the Session baillie to leave the town, and if they 
returned to be imprisoned, yet they were found last night in their father's 
house with some of the military. They were imprisoned last night. 
They now compear. They said they came to town yesterday, intending 
to go to the country to-day and carry their clothes with them, and that 
only Alexander McLeod, a recruit, was in the house with them, and he 
was in courtship with Elspet Farquhar. The magistrates ordain them to 
remain in prison till the morning of the 2Oth, and then to be conveyed 
by two of the town's officers to the Walkmiln of Braemuckaty, and the 
magistrates hereby banish them from this burgh for ever. 



206 RECORDS OF ELGIN. [l7 8 5- 

1782. 

September 28th. Several of the burgesses having objected against 
the lamps being continued, the court appoint the Corporations to give in 
a particular state of their objections, so as the same may be laid before 
the Council, whereupon the Convener in his own name and in name of 
the several Incorporations protested that they should not be liable for 
any taxation that might be imposed upon them by the Council therefor. 

The churchyard grass set to John Mortimer, farmer, for three years 
at 2 6s. yearly. 

1783- 

November 7th. In presence of Baillies Robertson, Brander and 
Young, in the complaint at the instance of the procurator fiscal of court 
against Mr. Francis Russell, advocate, Robert McCraw, mason, and 
James Nicol, mason, for pulling down the West Port of this burgh, the 
said Mr. Francis Russell was fined in the sum of 20 stg. and appointed 
to rebuild the said Port against the first day of May next, and the said 
Robert McCraw was fined in the sum of 3, and James Nicol 2 stg., 
and appointed to remain in prison for fourteen days. 

David and George Murdochs fined 1 stg. each for forestalling the 
market. 

November I5th. Robert McCraw and James Nicol on their petition 
are set at liberty. 

1784. 

May 28th. The bailies ordain Sir Alexander Uunbar of Northfield 
to remove the dyke he is building upon the High Street opposite to his 
great lodging. 

1785. 

June 22nd. Head Court held anent the town selling the muir called 
Stracant, it being of no value to the burgesses or advantage to the 
common good, seeing the Magistrates and Town Council had of late 
expended very considerahle sums in building of piers at Lossiemouth, 
which had involved the town in debt. No burgesses appear to object. 



1 793-] BURGH COURT BOOK. 207 

October 26th. Half of the lands of Messondew set in tack for nine 
years at a rent of eight bolls victual and 8-9-8 stg. of money, 
besides ministers' stipends and other public burdens. The other half set 
for eight bolls victual and 10-9-8 stg. of money, etc. 

1789. 

August 6th. John Munro, dyer, and others become bound to the 
Town Council and in name of the inhabitants of the east end of the 
town to keep in repair the pump and covering to be erected on the well 
called the New Well. 

1790. 

October 25th. Compeared William Golf, a strolling player, who 
having been convicted of counterfeiting peauter or lead dollars, the 
magistrates hereby banish him from the liberties of this town, certifying 
him that if he again return he will be apprehended, imprisoned and 
whipped through the streets of this burgh. He consents to banishment 
and delivers up the mould and other implements found in his custody. 

1791. 

April i6th. In letting the street dung the streets are divided into 
lots: (i) From the westmost boundary of the town down till the Tol- 
booth ; (2) From the Tolbooth down till the Cross ; (3) From. the Cross 
down till Linkwood's Closs including both the Shambles and School 
Wynds ; (4) From Linkwood's Closs till the East Port including the 
Friar and Lazarus Wynds and what part of the colledge is within the 
limits of the town. The streets in winter are to be regularly cleaned 
twice a week and oftener if the Magistrates direct. The lots were put 
up at 5s. each but no one offered. 

1793- 

January 22nd. Resignation of two aughteen parts which belonged 
to John Ross, mason, then to John Petrie and were disponed by John 
Petrie to Rev. Mr. David Renton and Mr. William Peterkin, ministers in 
Elgin and the Kirk Session of Elgin in terms of Mortification, I2th 
June, 1777. 



208 RECORDS OF ELGIN. [l795- 

February 4th. The Magistrates direct that the town's officers allow 
no spirits to be carried in to prisoners confined for crimes nor any 
company to be permitted to visit them. 

Michaelmas. 83 on the suit roll, 25 lands in non-entry. The suit 
roll includes the Convener of the Trades, the Deacon of the Tailors, the 
Warden of the Kilnmalemock Lodge of Masons, the Dean of Guild, the 
Hospital Master, Lawrence Sutherland of Greenhall, Wm. King of New- 
miln, Professor Ogilvie, the Deacon of the Shoemakers, Alex r . Batchin, 
sen r ., farmer, the Warden of the Trinity Lodge of Masons, George Spark, 
watchmaker, Thomas Stephen, physician, James Miln of Bishopmiln, 
John Brander of Pitgaveny, the Preses and Treasurer of the Friendly 
Society, the Preses and Treasurer of the St. Giles' Society, the Deacon 
of the Wrights, Dr. James Coull of Ashgrove. In non-entry : George 
Chalmers 1 aughteen part, the lands of Pittensear, James Milne's garden 
in Lossie Wynd, Kirdles and Delcroy, Nether Manbeen and Bogside, 
Drummuir's lands, Earl Findlater's lands, etc. 

1794. 

The Petty Customs set to John Junkin for 71 stg. The following set 
for nine years: The Goose Crook to John Watson for i - 17 - 6, the 
Gallowgrecn and Hangman's Croft to William Hendry for \ (under the 
burden of using the same for a cattle market), Marywell grass to Thomas 
Grant for 3 35. yearly, with liberty to the inhabitants on foot to go to 
and from the well on the premises called Marywell. 

The town's four butts and old yards to Thos. Grant for 273. 

The town's aughten part to John Petrie for 2 153. 

The town's half ward to John Batchin for 2. 

The School Acre to John Miller for 3 us. 

Bailie McKenzie's croft belonging to the town's Hospital to P. Riach 
for 505. 

2\ crofts belonging to the Town's Mortification to James Knight for 
6-0-6. 

J795- 

March. The Shambles mails set for g 95. to James Duffus ; the 
eight booths in the new Shambles for IDS. each yearly ; the Churchyard 
grass set up but no offerers. 



1 799-] BURGH COURT BOOK. 209 



1796. 

February I5th. Resignation of ane aughteen part of the grieshop 
lands with half of the grass land belonging to the said aughteen part 
commonly called the Boggs of Elgin to the Friendly Society of Elgin. 

May 25th. The Town Council and Sir Archibald Dunbar of North- 
field, Bart, respectively agree to submit to arbiters the question of their 
rights to the customs of Burghead. 



1797. 

The old yards and the two-third parts of Croft Croy set in tack, the 
former for 303. the five westmost rigs of Croft Croy and the other five 
rigs of Croft Croy at 3 stg. with the attolerance that the horse and 
cattle markets be held there. 

July ist. William Leslie, elder and younger, in Crofts of Rothes, 
resign in favour of James, Earl of Findlater and Seaficld, the two 
aughteen parts of the Greeship lands of Elgin and common grass land 
thereof, excepting the peat moss ward (which was disponed to John 
Stephen, merchant). The Magistrates and Town Council of Elgin are 
superiors of the said aughteen parts. 

September I4th. Head Court. The Magistrates report that Sir 
Archibald Dunbar offered the town $2 IDS. stg. for their right in the 
customs of the harbour of Burghead, and that the Town Council had 
agreed if the Head Court approved. Several members request till 
to-morrow to consult thereanent. September i6th. The Court by a 
great majority of voices declared against the sale of the customs of 
Burghead. 

1799. 

August 24th. This day let in perpetual feu by public roup the 
Easter and Wester Muirs belonging to the town, entry to be at Martinmas, 
1804. They were set up in three lots : (i) That part of the muir ground 
on the east of the Trades Park and to the east of the Rothes and Birney 
road, consisting of 34 acres, 3 roods and 13 falls (reserving 2 ac., 3 ro., 

C I 



210 RECORDS OF ELGIN. [1799- 

8 falls, a piece of ground full of sandbanks and covered with whins going 
east to Mr. Mellis' plantation and west to the Trades Park as a common 
for the several proprietors taking sand to make up their wairds and 
cattails) bounded thus on the west by the Trades Muir, on the east by 
the lands of Linkwood and Muirtown, on the south by the lands of 
Glasgreen and Muirytack and the park of Muirtown and on the north by 
the sandy ground referred to above ; (2) That ground west of Provost 
Brander's property in extent 12 acres i rood bounded on the north by 
the muir formerly belonging to the Incorporation of Taylors and now 
the property of Dr. Thomas Stephen, on the east by the property of 
Provost Brander, on the south by the remaining parts of the town's lands 
and on the west by the muir ground of Bilbohall belonging to Hon. 
George Duff reserving a 16 foot broad road on the east side of this lot 
betwixt the same and Provost Brander's property as also the 16 foot 
broad road on the south side between the same and lot third as the mill 
road for the lands of Main ; (3) The remaining part of the Town's muir 
consisting of 17 acres 3 roods 33 falls bounded on the east partly by the 
Trades Muir and partly by the lands of Glassgreen on the west, by the 
muirlands of Bilbohall on the south, by that part of the muir lately feued 
off to the Earl of Findlater and on the north by Lot 2nd by division 
therefrom by the said mill road reserving a road 16 foot broad on the 
east side of this lot leading from north to south. 

The ground was set up as follows : the three southmost lots of the 
west muir in one division, the northmost one in another and the whole 
of the cast muir to be set in a third. Lots 2, 3 and 4 on the plan of the 
Wester Muir carried by Mr. Alexander Young at the Elgin Brewery at 
the annual feu-duty of 1 8s. stg. Lot i (12 acres i rood) carried by 
Provost Alexander Brander at 2 is. per acre. The whole of the Easter 
Muir except the sandy ground (of 2 acres 3 roods 8 falls) carried by 
Dr. James Coull of Ashgrove at 2 is. stg. 

September 28th. Names on the roll 85 but only 5 present. The 
magistrates fine each absent member in five pounds Scots. The names 
on the roll include the Earl of Findlater, Laurence Sutherland of Green- 
hall, James Miln of Bishopmiln, William King of Newmiln, John Brander 
of Pitgaveny, John Gatherer, writer, William Rose, Balivat, the Convener 
of the Trades, the Deacon of the Taylors, the Deacon of the Wrights, 
the Deacon of the Weavers, the Deacon of the Shoemakers, the Society 



1803.] BURGH COURT BOOK. 211 

of Gardeners, the Warden of the Kilmolymock Lodge of Masons, the 
Warden of the Trinity Lodge of Masons, the Preses and Treasurer of 
the Friendly Society, the Preses and Treasurer of the St. Giles Society, 
Alexander Culbard, glover, Patrick Duff, writer, etc. Lands in non- 
entry 25, including the lands of Pittensear, George Chalmers' aughteen 
part, Drummuir's lands, Kirdels and Delcroy, Nether Manbean and 
Bogside. 

I 800. 

March loth. The dwelling house and pertinents at Lossiemouth let 
for 5 55. to James Martin, vintner, present tenant, under this express 
condition that the tenant shall be bound to accommodate strangers 
resorting to Lossiemouth at the common rate in the country. The 
anchorage and shore dues let for three years at ,35 stg. per annum. 
The common pasture lands let at 2 55. stg., the feuars of Lossiemouth 
being allowed to pasture their horses and cattle on their paying for each 
beast a proportion effeiring to the rent offered. 



1801. 

The town's aughteen part as now set apart by the late division of 
these lands is set in tack for nine years at .10 is. yearly, exclusive of 
stipend and other public burdens. 



1803. 

The following are set for nine years : the Goose Crook 2 ios., the 
Gallowgreen and Hangman's croft l - O - 6, the Marywell grass 3 33., 
the town of Elgin's Halfward 2, the School Acre (7 ios.) excluding 
the Snuff croft, Bailie McKenzie's croft 2 ios., 2\ crofts belonging to 
the Town's Mortification 7 145., lands of Croft Croy (4) with the 
4 butts (ios.) and Old Yards (303.), five seats in the loft of the parish 
church (average gs.) and two in the Middle Loft (average 153.) and the 
vault under the Council room, l. The Petty Customs set for 72 ios. 




Shield built into Dr. Adam's House, Elgin. 




Shield built into Dr. Mackay's House, Elgin. 



REFERENCES TO ELGIN IN THE REGISTER OF THE 
PRIVY COUNCIL d549-i65o). 

1549, July 3rd. Taxation of certain named Burghs for the payment of 
arrears due to Mr. James Haliburton and his body of horse defending 
Dundee. Mr. James Haliburton, tutor of Pitcur, lay in the town of 
Dundee for three months " for resisting of our auld enimeis in Ingland " 
with twenty-four horsemen, each to receive 5s. a day and the said James 
and his servants two crowns of the sun. For payment of the wages of 
these it is ordained that eleven burghs pay from 20 merks to 100 pounds 
each "be ressoun that they ly fardest from danger of the Inglischmen 
and is not daylie impesched with them lykeas uther borrovvis of this 
realme ar." Elgin is ordained to pay 50 merks. 

1561-2, February I5th. The "auld possessers" of benefices to be 
assured of the fruits subject to the deduction of one-third for the susten- 
tation of preachers and readers. The revenues within burghs of 
chaplainries and priories and of priories everywhere to be raised and 
applied by the Queen to hospitals, schools and other godly uses. The 
suitableness of the priory edifices for colleges, schools and hospitals. 
Proclamation that where these are undemolished they be upheld and in 
the meantime supported from municipal funds. " And knawing that 
nathing is mair commodious for the said hospitalitie nor the places of 
freris, as yit standand undemolissit, as als to the intertenying of scolis, 
collegis and utheris usis foirsaidis, ordanis the Provest and Baillies of 
Abirdene, Elgin in Murray, Invernes, Glasgow and utheris borrowis of 
this realme quhair the samyn ar nocht demolissit to interteny and uphald 
the saidis freris places standand in the saidis townis upon the commone 
guidis thairof, and to use the samyn to the commone weill and service of 
the saidis townis, ay and quhill the Quenis Majestic be forther avysit." 

(213) 



214 RECORDS OF ELGIN. [1567. 

Apud Edinburgh xiiij Februarii anno etc. Ixvii. Sederunt : Jacobus, 
Dominus Regens, Jacobus, Comes de Mortoun, Joannes, Comes de Atholl, 
Georgius, Comes de Caithnes, Magister de Grahame, Patricius, Dominus 
Lindesay, Joannes, Dominus Glammis, Robertus, Dominus Boyd, Alanus 
Dominus Cathcart, Alexander, Dominus Saltoun, Andreas Dominus 
Uchiltre, Episcopus Orchadensis, Episcopus de Galloway, Commendatarius 
de Coldinghame, Secretarius, Clericus Registri. Forsamekill as pre- 
positioun being maid to the Lordis of Articles of oure Soverane Lordis 
lait Parliament of the greit zeale and cair borne be my Lord Regentis 
grace to the establissing of peace and justice in this commoun weill as 
his proccdingis heirtofoir sen the acceptatioun of his office hes gevin 
sufficient testimony ; bot as mony thingis yit remanis unperformit 
quhilkis with the assistance of God in proces of tyme mon be done ; sa it 
is requisit that sum provisioun be fund out and maid for the intertening 
of the men of weir quhais service can nocht be sparit quhill the rebellious 
and dissobedient subjcctis troublaris of the commoun weill in all partis of 
this realme be reducit to the dew obedience of our Soverane Lordis 
authoritie and observatioun of his Hienes peace. And the said Lordis 
understanding that the leid upoun the cathedrall kirkis of Abirdene and 
Elgin is for ane greit part be diverse personis thiftuouslie stowin and 
takin away na commoditie of the samyn cumand to the commoun weill 
of this realme thairfoir devysit, ordanit and concludit be the saidis 
Lordis that the leidis of the saidis kirkis salbc takin doun with diligence 
and sauld and disponit upoun for interteneing and sustentatioun of the 
saidis men of weir and utheris neidfull chargeis of the commoun weill of 
this realme sa far as the samyn extendis to at the discretioun of my 
Lord Regent lyke as at mair lenth is contenit in the Act of Parliament 
maid thairupoun." 

Authority was given to Alexander Clerk and William Birny, burgesses 
of Edinburgh to go to these Cathedral kirks, take down the lead and 
transport, sell and dispone it and account therefor and commanding the 
following persons to aid the said Alexander Clerk and William Birny in 
this work, and " caus thame be furnissit of meit, drink, servandis, werkmen 
and utheris thingis necessar at thair ressonabill expenssis: Alexander 
Dunbar of Cumnok, knycht, sheref of Elgin and Fores, and his deputtis, 
Patrick, Bischop of Murray, Johnne Annand, provost of Elgin, the 
baillies of Elgin" and the corresponding officials of Aberdeen. 



1569.] PRIVY COUNCIL REGISTER. 21$ 

1567, July 2 1 St. Flight of Bothwell to the North. Patrick, Bishop 
of Murray, harbouring him in his Castle of Spynie, is to be held as an 
accomplice. Prohibition against payment of rents and dues to the Bishop. 

1569, June 2 ist. " Apud Invernes. The quhilk day Walter Urquhart, 
Sheref of Cromarty, became souertie for Andro Grant in Rossmarky that 
he sail compeir befoir the Justice or his deputtis in the Tolbuyth of Elgin 
upoun fuirsday nixtocum at ten houris befoir none undir the pane of V c . 
merkis." Similarly William Barbour in the Chanonry of Ross and 
William Barbour, his son, to appear at said time and place. 

1 569. The Regent Moray made an expedition with an armed force 
to the North. Council meetings were held between 3rd June and nth 
July at Dunnottar, Aberdeen, Elgin and Inverness, then retrogressivcly 
at Elgin and Aberdeen again. Morton and others of the Council 
accompanied the Regent. 

" Apud Abirdene, octavo die mensis Julii anno etc. Ixix. Sederunt : 
Jacobus Dominus Regens. Jacobus Comes de Mortoun. Joannes, Comes 
de Atholl. Patricius Dominus Lindesay. Magister de Marscheall. Com- 
mendatarius Dunfermling. Commendatarius Balmerynoch. Thesaurarius. 
Clericus Registri. Clericus Justiciarie. Forsamekill, as my Lord Regentis 
grace, ane reverend Fader in God, Patrik, Bischop of Murray, the 
Chantour, Thesaurare, and diverse utheris channonis of the cathedral! 
kirk of Murray, willing to repair the samyn, hes condisccndit to satisfie, 
content and pay ane ressonabill contributioun, for mending, theking and 
reparaling of the cathedral kirk of Murray to the effect that the same 
may be a convenient place to convene the people for hering of the word 
of God ; and considdering that thai frelie and liberallie hes condiscendit 
to this lovabill werk, tending to the commoun weill, the furthsetting of 
Goddis glorie and decoratioun of the cuntre, it is ressonabill that the 
Prelattis, channonis and beneficit men within the diocie of Murray 
contribute with thame that hes ellis willinglie offerit contributioun ; swa 
that the support of mony concurring togidder, the burding may be the 
mair tollerabill to the haill." 

The Abbot of Kinloss, the Prior of Pluscarden, canons, parsons, 
vicars, etc., are charged to pass to the town of Elgin within fifteen days 
to Maister Hew Craigie, parson of Innerkething, appointed master of the 
said work, and enter their contribution according to the value of their 
benefice. All not subscribing to be taxed. 



2l6 RECORDS OF ELGIN. [l57 8 - 

1574-5, March 23rd. Complaint to the Council by Blair Alves, 
burgess of Elgin : Isabel Davidson, his spouse, was visited by deadly 
sickness in March, 1573, and sent for Alexander Winsister, minister at 
the kirk of Elgin, to visit her and make her testament. He refused to 
make it unless she consented to what he wished. But he made a 
pretended testament, signed by him, without witnesses, leaving legacies 
to sundry persons, and these persons now poind Blair Alves' goods for 
said legacies. Alexander Winchester was ordered by George, Bishop of 
Murray, and the elders of the kirk of Elgin to deliver the said Testament, 
but he refuses. He compears before the Council, confesses the making 
of the Testament and that it was at Isabel's request and that no witnesses 
were insert and that he never was in the habit of having witnesses. 
The Privy Council find his conduct inorderly and against the daily 
practice of this realm, and therefore declare that Testament null. The 
Bishop of Murray is ordered to cause Alexander Winchester pay all 
expenses. 

1574, April 27th. Alexander Dunbar of Cumnok, Sheriff of Elgin 
and Forres, James Dunbar of Mawerstown, James Dunbar of Norten, 
and Gawin Dunbar, Archdene of Moray, denounced and put to the horn 
and their goods to be escheat. The said Alexander Dunbar " hes during 
all the tyme of the lait troublis plainlie rebellit aganis our Soverane Lord 
and his authorise, and as yit hes not subject himself to his Majesties 
obedience or ressavit his Hienes favour bot plainlie contempnand all 
gude lawis and ordinances hes usurpit ane tyrannical jurisdiction of the 
said scherefship and of the Provestrie of the burgh of Fores drawand ane 
greit nowmer of our Souerane Lordis meane subjectis to a rebellioun 
aganis his Majestic and his authoritie and to a plane seditioun in the 
cuntrie quhair he dwellis takand the grittar occasioun of his mischevous 
interprysis throw the distance of that place quhair he remanis frome the 
sait and place of ordinar justice putting himself thairby in sure esperance 
that he sail not be punist for his demerittis." [The said Sheriff has been 
often denounced rebel and put to the horn for not fulfilling decreets 
obtained against him by his creditors.] 

1577-78, January 24th. Anent our Sovereign's letters raised at the 
instance of Alexander Winsister, minister in Elgin, making mention that 
quhair James Dunbar, Sheriff of Moray, causit charge the said Alexander, 
ipth October last, at the marcat crose of Elgin to answer for art and part 



1 579-] PRIVY COUNCIL REGISTER. 217 

of the slaughter of Elizabeth Dunbar, daughter to Maister Alexander 
Dunbar, dean of Murray (of which the said Alexander is most innocent 
and was not present), and directed his officers to the said Alexander's 
house and made inventory of his goods and would have intromitted 
therewith had not John Annand, provost of Elgin, Maister James Gairdin, 
William Hardie, Thomas Robertson and David Winsister, burgesses, 
become caution for him, he being absent. The Sheriff ordered the 
sureties on two or three days notice to enter the said Alexander before 
him, knowing he was absent in Edinburgh, complaining upon the said 
Sheriff. The Sheriff calls on the sureties to present him at Forres on 
29th October. They appear and protest against the illegality. The 
Sheriff decerns the sureties to have incurred the pane of 1000 merks, and 
orders his officers to thresh out the sureties' corn. The sureties paid 40 
merks each. The Sheriff orders his officers to intromit with Alexander 
Winsister's haill guidis, alleging that he through non-compeimnce on 
29th October was put to the horn. They threshed his corn. Alexander 
Winchester compears but neither the Sheriff nor his deputes, therefore 
James Dunbar, Sheriff of Moray, Alexander Dunbar of Thornhill, John 
Rutherford, burgess of Elgin, James Henry, John Moir, burgesses of 
Forres, Maister John Dunbar of Meftis and James Urquhart, burgess of 
Forres, are all put to the horn. April 2ist. William Crcichtoun, tutor 
of Sanquhar, and William Crichton of Liberie become sureties for James 
Dunbar, Sheriff of Moray, and others. 

1578, July 7th. Case of Sheriff of Moray and others against James, 
Prior of Pluscarden, and Alexander Winchester, minister of Elgin. 
Parties called. The sheriff and deputes not compcaring the Prior and 
Alexander Winchester compear and protest. 

1578, October nth. Order for three armed levies of the lieges to 
meet on the Borders : Third levy all the lieges between 60 and 16 in 
Aberdeenshire to Inverness-shire to meet His Majesty's lieutenant at 
Peebles on 1st December. 

1578, November 3rd. Caution by John Livingstone, yr. of Denypace, 
in 1000 for James Dunbar, sheriff of Murray, and in 1000 for each of 
his deputies to compear, 24th January, before the Council (see 7th July, 
1578, supra). 

1 578-9, January 26th. Suspension of the Commission given to 
Lauchlan Macintosh of Dunnauchtane, Robert Innes of Innermarkie 

D I 



2l8 RECORDS OF ELGIN. [l59- 

and others at the instance of Alexander Winchester against the Sheriff 
of Moray to pursue the Sheriff, kin and friends by fire and sword. The 
Sheriff compcars before the Council. 

1579-80, February 1 5th. Proceedings for stopping the feud between 
the Dunbars and the Inneses. James Dunbar of Cumnok, Mr. Alexander 
Dunbar, dean of Murray, James Dumbar of Tarbert, David Dunbar, 
apparent of Durris, Mr. John Dunbar of Meftis and George Dunbar in 
Westir Alves on the one part and John Innes of that ilk, Robert Innes of 
Inncrmarkie, elder, Robert Innes of Innermarkie, yr., Robert Innes of 
Drany, Alexander Innes of Cokstoun and Thomas Innes of Pethnik were 
charged to appear before the Privy Council on 15th April "to underly 
sic ordour as salbe thocht meit" under the pain of rebellion. 

1589-90, March I3th. Act for the rigging out of ships for bringing 
the King and Queen home. 

The King having by an article sent with some of his councillors from 
Norroway "recommendit to the inhabitantis of his Hienes burrowis" to 
fit out certain ships " in gude cquippagc, for the convoying and hame- 
bringing of his Majestic, with the Quene his darrest bedfellow, in this 
realme, at the tyme and seasoun convenient thairto now shortlie 
approchcing," the Commissioners of the Burghs agree to fit out six ships, 
of which one shall be furnished by Aberdeen, assisted by Brechin, Elgin, 
Invcrnes, Cullane, Fores, Name, Tayne, Monrois, Northberuik and 
Dunbar, " quhilkis shippis weill and honnourablie equippageit and 
furncist every ane of thame with thretty marineris, quhairof thair salbe 
sax expert pilottis, accouterit and furnist with hand senzeis, flaggis, 
strcameris of weir of reid taffetty, reid syde claithis and dekkit toppis 
with the cullouris of reid and yallcw salbe riggit oute be every ane of the 
principal! burrowis particularlie abonewrittin." 

1590, October 2nd. Complaint by Mr. Walter Wilsoun of Brakanhills 
as follows : Johnne Annand, provost of Elgin, having been put to the 
horn upon 24th July last by letters raised at the instance of the said 
Mr. Walter, he had delivered the said letters immediately thereafter to 
Alexander Gadderar, Sheriff Clerk of Elgin, where the said rebel " hands 
and remanis" desiring him to register the same conform to the Act of 
Parliament. But the said Alexander has not only refused to do so, but 
has retained the letters and will not deliver them again to the complainer. 
The complainer appearing by Mr. Robert Young, his procurator, but 



J59 1 -] PRIVY COUNCIL REGISTER. 219 

the defender neither appearing nor having delivered the letters to the 
complainer as already charged, the Lords once more charge the said 
Alexander, under pain of rebellion, to deliver them within six hours after 
the charge to the complainer, " upoun his ressounablc expenssis " 
registered "of the same date that they wer deliverit to the said 
Alexander." 

1591, July 2Oth. Registration by Mr. Johnne Prestoun as procurator 
for the sureties of band of caution in .500 by Archibald Douglas of 
Pettindreych for Williame Gibsoun, burgess of Elgin, that Alexander 
Hay of Eistir Kennet, Clerk of Register, fiar, and Williame Hay, life- 
renter of Mayne, shall be harmless of him. Subscribed at Pettindreych, 
I4th July, before Andro Dowglas, Hew Dowglas and George Dunbar, 
servitors to the said Archibald and George Cuming, burgess of Elgin, 
and Thomas Hay, notaries public. 

1591, July 2 1 st. Order to denounce Alexander Gatherar, Sheriff 
Clerk of Elgin. " Complaint by Grissell Leslie, relict of D d . Dunbar of 
Littill Suddie, and by Alexander Nicolsoun, messenger, for his interest, 
as follows: Mr. Johnne Dunbar of Meftis and J s . Dunbar of Tarbct and 
D d . Dunbar of Durris as cautioners for the said Mr. Johnne, having been 
put to the horn by letters raised by the said Grissell, the said Alex r . 
' immediatlie efter the said denunciatioun, past to Alexander Gadderare, 
sheref-clerk of the sherefdome of Elgin, and deliverit to him the saidis 
letters' in order to their registration according to the Act of Parl'. The said 
sheriff-clerk had received the letters and promised to register them within 
eight hours ; but when, at the end of the eight hours, the said Alexander 
Nicolsoun required the letters from Gadderare, he had refused, 'delaying 
him utheris xxiiii houris upoun promeis at the end thairof to deliver 
thame to him.' On the return of the said Alexander Nicolsoun, after . 
the expiry of the said time, to the dwelling house of the said Alexander 
Gadderare, he found that Gadderare had ' absentit and hid himself, and 
closit the yettis of his said hous, quhairthrow the said complenar mycht 
not get entre within the samyn ; yit, having accidentlie louked in at the 
windo, he saw the said sheref-clerk writting ane reversioun, quhilk quhen 
he persavit he causit oppin his dur and of new promeist to deliver the 
saidis letters ower registrat or unregistrat betuix and nyne houris at evin, 
drifting and delaying tyme quhill he gaif advertisement to the saidis 
rebellis of his procedingis. And albeit the said messinger past ower that 



22O 



RECORDS OF ELGIN. [l595- 



schort space with the rest, lippynning for na forder schiftis nor delayis, 
the said sheref-clerk, at the last, planelie refusit ayther to register or 
redeliver the saidis letters, affirmyng that he had rather tyne and lois his 
office nor to do ony thing hurtfull or prejudiciall to the saidis rebellis ; 
and, to the effect the said messinger sould get na certificat upoun his 
refusal!, he causit the haill notaris within Elgin absent thame selffis furth 
thairof; and swa, eftir the said messinger had remanit xlviii houris 
togidder upoun the rcssait of the saidis letters, he was movit at last to 
depart : quhairthrow the said sheref-clerk hes committit a manifest falset 
and dissait, to the stay and hinder of justice.' The said sheriff-clerk, 
having failed to appear this day and answer as charged, while the 
complaincrs appear by Mr. Williame Leslie of , is to be 

denounced rebel." 

1591, July 27th. Caution in 1000 merks by George Monro of Mekill 
Tarrcll for William Hay, liferenter of Mayne, that Johnne Innes, younger, 
Johnne Innes, elder, Williame Innes, Williame Gibsoun, Mr. James 
Gairdin, Johnne Gibsoun, Thomas Hay, Alexander Boyne, James 
Dowglas, Johnne Annancl, Alexander Arinand, James Guthrie, David 
Torre, Williame Young, Alexander Pringill, Robert Sutherland, Thomas 
Wamfray, James Reid, James Cuming, Robert Innes, James Innes, 
Johnne Innes, David Watt, Walter Auldcorne, James Ogilvy, Robert 
Winchester, and Johnne Andersoun, burgesses of Elgin, shall be harmless 
of the said Hay, Alexander Hay of Eister Kennet, Clerk of Register, 
fiar of Maync, and the said principal, becoming sureties in relief. 

1594, August loth. Act of Caution. George Leslie of Arknow for 
Williame Drumbrek of Urtane, 1000, not to harm Katherene Cowie, 
relict of James Sutherland, burgess of Elgin, also to pay 20 for his 
escheat. 

1594, August 2 ist. Act of Caution. Alexander Annand, burgess of 
Elgin, for Williame Gibsoun, David Torrie, Mr. James Gairdin, bailies of 
Elgin, Johnne Annand, James Douglas, Thomas Umphra, elder, Thomas 
Hay, Alexander Boyne, and Williame Young of the Council of the said 
burgh, to pay 100 merks for their escheat or report nullity of horning for 
not paying the tax of said burgh. 

1595, August 4th. Alexander Annand, apparent of Muriestoun, for 
Walter Aldcorne, burgess of Elgin, 1000 merks, not to harm James 
Ogilvie, burgess there. 



1598.] PRIVY COUNCIL REGISTER. 221 

1595-6, February 2nd. " The cathaloige of the names of the Barronis, 
Gentill[men] and utheris within the shereffdome of Murray convinit [at] 
the Carne of Kilboyak for obedience of his Hienes proclamatioun meid 
anent the General Wapinschawing and mustering the secund day of 
Februar, 1595." The Laird of Grant mustered 500 of his men, of whom 
300 were " fensabill men according to the custowme of his landis to 
defend within the cuntray and the schyris heirabut." Of these three 
hundred, four score were "weill armorit as effeirs to pas to the kingis 
wyris" ; forty of the said four score "with habirstoun, twa handit sword 
and knaipskais, uthir fourtie with bow, schraif, knaipskais, swordis and 
targis, according to the hiland custowme." There also assembled on the 
same day and at the same place from the Barony of Urquhart twenty 
five men with jacks, spear, swords and other weapons, and from Duffus 
three horse men and six footmen " sufficientlie acuterit," but " the 
remanent naikit, onarmit and all wais onmeit for service in weirfair": 
Archibald Douglas of Pendricht [Pettindreich] and his men- five horse- 
men and twenty footmen (two of the latter had each " ane bow, butt 
armur," others had lances and swords), also sixteen cottaris " withowt 
ony kynd of armur " : John Dunbar of Moynes, bailie of the Earldom of 
Murray, assembled " aucht scoir of men abill and gude, of the quhilkis 
nummer twentie horse men with jack, speir and steilbonat, abill to pas 
furtht of Murray to his Majesteis waris within Scotland, the rest bot 
powir, nakit men for the meist pairt and onabill to pas furtht of the 
cuntray for povertie " : from the Barony of Rafford and the lands of 
Kilboyak three horsemen armed and thirty men unarmed : from the 
Barony of Kylloss twelve horse men in armour and three score footmen 
unarmed : from Altyre under Alexander Cuming, apparent of Altyre, 
fourteen men, of whom two horsemen, with " bow and bag," swords and 
other weapons : David Brodie of that ilk and five men with jack, steil- 
bonat, pleitslevis, etc. : Walter Kynnard of Cowbin with seven men and 
William Cuming of Ernsyde with eleven men, of whom Thomas Roy 
had "ane bow and ane twa handit swerde." 

1598, June 24th. Band by Robert Innes of that ilk for Alexander 
Innes of Cokstoun, James Innes of Blakhillis and John Innes of Coittis, 
500 each, and for Thomas Innes, his brother, William and Alexander 
Innes, his brothers, 50x3 merks, not to harm William Hay of Mayne, 
conform to the king's letters, dated at Edinburgh, 2ist January, 1591. 



222 



RECORDS OF ELGIN. [1600. 



Subscribed at Elgin before John Annand of Muirrestoun, Walter 
Kynnaird of Cowbin, &c. 

1599, August 1 8th. Act of Caution. Thomas Hay, clerk and 
burgess of Elgin, for William Hay of Mayne in 1000 merks not to 
harm Alexander Innes of Cokistoun, Mr. John Innes of Haltoun and 
Robert Innes in Speislaw. Subscribed at Elgin before Mr. Alex r . 
Douglas, minister at Elgin, Mr. Gawin Douglas, his brother, Mr. Alex- 
ander Rawsoun, parson of Spynie, etc. Also William Hay of Mayne for 
Mr. Alexander Douglas, minister at Elgin, and George Douglas, minister 
at Dolles, in 500 merks each, and Mr. Gawin Douglas, their brother, in 
300 merks to effect aforesaid. 

1599, November gth. Acts of Caution. Alexander Annand of 
Murestoun for James Douglas in 1000 merks, Mr. Alex r . Douglas, 
minister at Elgin, in 500 merks, George Douglas, minister at Delias, in 
500 merks, Mr. Gawin and Archibald Douglas, their brothers, in 300 
merks not to harm Robert Innes of that ilk and other Inneses. Also 
John Grant of Tomalene, brother of Patrick Grant of Bellendallach, for 
William Hay of Mayn, 1000 merks, not to harm Robert Innes of that 
ilk, Alexander Innes of Coittis, etc. November 1 7th. John Grant of 
Cardellis for William Hay of Mayne in looo merks not to harm James 
(sic) Innes of that ilk and other Inneses. Also Robert Leslie of Aberlour 
for James Douglas, burgess of Elgin, etc., not to harm Robert Innes of 
that ilk. 

1600, April 9th. Act of Caution. James Innes of Mynenie for 
Alexander Innes of Cokstoun not to reset or intercommune with Mr. 
Alexander Innes, sometime minister at Birnay, Robert Innes of Coittis 
and other Inneses put to the horn at the instance of William Hay of 
Mayne, Mr. Alexander and other Douglases for not answering for the 
slaughter of William Hay, father-brother of said laird of Mayne and of 
the late Agnes Leslie, mother of said Mr. Alexander Douglas and his 
other brothers. Subscribed at Dippill before Robert Innes of Essill, 
William Annand, son of the late John Annand of Murrestoun. 

1600, April 1 8th. Acts of Caution. James Douglas of Schuit- 
tingaikeris for Walter Kynnaird of Culbin and Thomas Kynnaird, his 
son, 500 merks, not to reset Mr. Alexander Innes, minister at Birnay, 
denounced rebel at the instance of William Hay of Mayne. May 5th. 
Thomas Innes, burgess of Elgin, for Margaret Ros, relict of William 



l6oi.] PRIVY COUNCIL REGISTER. 223 

Innes of Unthank, 500 merks, not to reset Mr. Alex r . Innes, minister at 
Birnay. 

1600, July loth. Complaint by Andro Dunbar, messenger. While 
he was executing the letters raised by the provost, bailies and council of 
Elgin for discharging any public market to be held at the kirk of 
Ugstoun and ordaining the same to take place at Elgin, conform to the 
privileges of the said burgh, Jeane Barclay, Lady Innermarky directed 
(on 2Qth September last) Robert Innes, now of Innermarky, her son, 
Robert Innes of Coittis, rebel, and others to the said kirk where they 
" presented bendit hacquebuttis and pistollettis to his womb and face and 
avowit to have his lyffe," if he did not depart off that ground, or if he 
used any further charges against persons meeting at the kirk of Ugstoun, 
and though he bore his Majesty's arms they took him by force "and 
maist dispitfullie expellit and schoit him oute of the said kirkyaird be 
the schoulderis and swa deforcit him in the executioun of his office, and 
had not faillit to have slane him and bereft him of his lyffe wer not God 
and guid nichtbouris intervenit. Also on 2nd May last the complainer 
having passed to the place of Plewlandis where the said Lady dwells in 
order to command her to buy the Acts of Parliament, conform to the 
charges given him by the Clerk of Register (Vol. V., 463), her said son 
and others invaded him for his slaughter. The complainer appears and 
the said Lady and her son and others to be denounced for failing to appear. 

1600, July 3Oth. James Innes of Mynneny as principal and Alexander 
Hay of Delgatty as surety, ^1000, not to harm William Hay of Mayne, 
Mr. Alexander Douglas, minister at Elgin, and other Douglases. 

1601, May pth. Act of Caution. William Torrie of St. Katherine's 
crofts for John Man in Thornehill, 600 merks, not to harm Robert Keyth 
in Thornehill. 

1601, May 27th. Act of Caution. Alexander Annand of Murrestoun 
for Thomas Grant in Letachie (Lettauch), 500 merks, not to reset or 
intercommune with Mr. Alexander Innes, sometime minister at Birneych 
(Birnie) and other Inneses, all put to the horn at the instance of William 
Hay of Mayne, James Douglas, provost of Elgin, and other Douglases 
for the shameful slaughter of Agnes Leslie, relict of Mr. Alexander 
Douglas, provost of Elgin, and of the late William Hay, father-brother 
of the said William Hay of Mayne, and for mutilation of the said 
William Hay in his left hand. 



224 RECORDS OF ELGIN. [1603. 

1602, April 23rd. Act of Caution. John Trail, burgess of Dundee, 
for George Trail, his son, 500 merks, not to harm the provost, bailies and 
council of Elgin. 

1602, July Hth. Bond of Caution by Alexander Dunbar of Tarbett, 
Patrik Dunbar of Culboyak and Mark Dunbar of Durris, conjointly and 
severally for Alexander Dunbar of Westfeild, sheriff of Moray, in 10,000 
merks, that the said sheriff and all for whom he is obliged to answer by 
the law and General Band will keep the peace, and that he will personally 
compear and answer before their Lordships when charged. Signed 
Patrik Dunbar of Conzie, A. Dunbar of Tarbart and Mark Dunbar of 
Durris. 

1602, July I4th. Bond of Caution by Alexander Dunbar of Westfield, 
Sheriff of Murray, in 3000 merks " for the haill personis beiring the name 
of Dunbar within the boundis of Murray" that they will keep the peace 
in terms of the laws and General Band, and that he will appear and 
answer to complaints against them. An alteration of the caution from 
" fyve " to " three " thousand merks is signed by " Montroiss, Can rius ." 

1602, September 8th. Act of Caution. James Anderson, burgess of 
Elgyne, as principal and James Petrie as surety, 500 merks, not to harm 
James, Earl of Murray, or Archibald, Earl of Angus, John, Earl of Mar, 
William, Earl of Mortoun, etc., curators to the said Earl of Moray. 

1602, October ist. Act of Caution. Alexander Pringle, bailie of 
Elgyne, and Thomas Mylne, burgess, each for the other, etc., all in 
1000 each not to harm James, Earl of Murray, and his curators. 

1602, December I5th. Act of Caution. Mr. James Grant of 
Ardinelie for Robert Innes, burgess of Elgyne, 500 merks, not to harm 
James, Earl of Murray. 

1603, March 8th. His Majesty's promise to the Earl of Murray to 
ratify his infeftments in Parliament. " Act in favour of the Erie of 
Murray : His Majesteis promeis in verbo principis to ratifie in the nixt 
Parliament to my Lord of Murray, etc., the chartour granted to James, 
Erie of Murray, his gudschir, of the erledome of Murray, chartour granted 
to his gudschir of the lordschip of Downe, the chartour granted to the 
said umq 11 . Erie of the erledome of Buchane, lordschip of Auchterhous 
and baronie of Glendovachie, the lands of the bishoprik of Murray, the 
landis of the abbacie of Santcomes, and to dispone of new the saidis haill 
lands in Parliament to grant the warde landis in taxt warde and als to 



1604.] PRIVY COUNCIL REGISTER. 225 

ratifie and give new infeftments of the burrow maillis of Elgin and Forres 
and the customes of the salmond fischeings within the sherefdome of 
Murray." 

1603, May 1 3th. Act of Caution. William Mclntosh of Borlome for 
Robert Innes of Innermarkie, 2000 merks, not to harm William Hay of 
Mayne, or James, etc., the sons of the late Mr. Alexander Douglas, 
provost of Elgin. Subscribed before Mr. John Keith, parson of Duffus, 
Mr. Alexander Keith, his son, and Robert Sutherland, reader at Duffus. 

1603, June 6th. Act of Caution. John Annand of Glasgaen (sic), 
burgess of Elgyne, for William Hay of Mayne, .1000, not to harm 
Thomas Grant of Schireftoun. 

1603, July I4th. Maister Alexander Dowglas, minister of Elgin, and 
his brother complained that the lairds of Innermarkie and Innes reset 
certain Inneses, rebels, and put to the horn for the slaughter of the 
pursuers' brother ; Innermarkie compeirand was ordanit to find caution 
not to reset nor supply or inter-commune with any of the said rebels and 
to underly the law when he sail be chargit to that effect under pain of 
2000 merks and to find the like caution for indemnity of the saidis 
persewars. 

1603, July i6th. Act of Caution. William Forbes of Corsindey and 
John Forbes of Brux for Robert Innes of Innermarkie 2000 merks not to 
harm James Douglas, burgess of Elgyne, Mr. Alexander Douglas, minister 
at Elgyne, George Douglas, minister at Culane, Hew, Mr. John, Mr. 
Gavin and Archibald Douglasses, brothers of the said Mr. Alexander. 

1604, March 2ist. Symone, Lord Fraser of Lovat, and Sir Thomas 
Gordoun of Cluny for James Cuming, fiar of Altir, .1000, not to harm 
Thomas Hay, town clerk of Elgin. 

1604, April 27th. John Forrest of Parkwall of Dirletoun is become 
caution for John Gordon, merchant burgess of Elgyne, not to harm 
James, Earl of Murray, or his tutors or curators under the pains in the 
king's letters. James Anderson, merchant burgess of Elgin, caution for 
James Petrie, burgess there, and John Bonyman, burgess there, caution 
for John Geddes, merchant burgess there, either of them in 500 merks to 
effect foresaid. David Torrie, burgess of Elgin, and Alexander Grant, 
burgess there, the one for the other, James Young and George Wanis, 
also burgesses there, each in 500 merks, also to effect foresaid, conform 
to the letters raised against them of date at Edinburgh, 23rd June, 1602. 

E I 



226 RECORDS OF ELGIN. [1605. 

1604, May ist. James Donnaldsoun, merchant burgess of Elgyne, 
and Robert Keith, burgess there, the one for the other ; [and seven more 
couples, all] in 500 merks each not to harm James, Earl of Murray, or 
Archibald, Earl of Argyll, John, Earl of Mar, etc., conform to the charge, 
dated 23rd June, anno regni 35. [One couple is John Culback and 
Alexander Riauch.] William Mortymer, glasswright, burgess of Elgyne, 
and others all in 500 merks to the effect foresaid. 

1604, September 27th. Act of Caution. Hew Falconer of Inner- 
lochty for William Hay of Mayne, 2000 merks, not to harm Mr. 
Alexander Dowglas, minister at Elgyne. (Alexander Rausoun, parson 
of Spynie, is a witness.) John Innes, burgess of Elgyne, in Langmorne 
for Alexander Innes in Quhytwra 500 merks, to the effect forsaid. 

1604, October 5th. Act of Caution. James Douglas of Barthslathill 
for Mr. Alexander Dowglas, minister at Elgyne, 500, not to harm 
James Kynnaird in Quhytwray and Alexander Innes there, Robert 
Keith in Thornehill or John Innes in Langmorgone. 

1604, October 15th. Act of Caution. William Mylne, burgess of 
Elgyne, for George Sutherland, burgess there, 500 merks, not to harm 
James, Earl of Murray, etc., conform to the king's letter, dated at 
Edinburgh, 3rd June, 1603. 

1605, June loth. George Cuming, burgess of Elgyn, for Hew 
Falconer in Innerlochtie, 1000, not to harm Kenneth McKeinzie of 
Kintaill or John McKenzie of Quhytruiff. 

1605, June 1 5th. Patrick Gibson of Schirefmill for William Cuming, 
fiar of Ernesyde, 1000, not to harm Alexander Dunbar of Culboyak, 
conform to the king's letters, dated at Edinburgh, 2Oth May last. The 
band subscribed at Elgyne before James Rutherford, burgess of Elgyne, 
Alexander Gadderar, N. P. there, etc. 

1605, July i6th. The burgh of Elgin cited before the Council for not 
having a sufficient tolbooth. 

1605, October 3Oth. Alexander Dunbar, Sheriff of Murray, Dorothie 
Dunbar, his spouse, Robert Dunbar, apparent of Moynes, and Marjory 
Dunbar, his spouse, who had been put to the horn, I5th July last, for riot 
paying an annual rent of 100 merks due yearly to Kathereine Carmichaell, 
relict of Williame Creichtoun, tutor of Sanquhair, since the decease of her 
husband till the principal sum of 1050 merks should have been paid and 
for not fulfilling all the articles of a contract dated 24th August, 1580, 



l6o6.] PRIVY COUNCIL REGISTER. 227 

between the late James Dumbar of Cumnok on the one side and com- 
plainer's (Kathereine Carmichaell) husband and herself on the other side 
still continue at the horn. Charge had been given to the said Sheriff to 
answer, and now the Captain of the Guard is ordered to apprehend the 
Sheriff for not appearing, remove his family furth of his houses and 
inventory his goods for the king's use. 

1606, May 2gth. Mark Mawer, Commissar of Murray, John Mawer 
in the Haugh of Dipple and Michaell Mawer of the Loch ordained to be 
apprehended for a civil debt. 

1605, October 2ist. James Douglas of Barflachillis for Mr. Gavin 
Douglas, burgess of Elgin, ^500, not to harm Hew Falconer of Inner- 
lochtie. The band is subscribed by Andro Stalker, goldsmith, burgess 
there, and others. George Cuming, burgess of Elgin, for Hew Falconer 
of Little Innerlochtie 1000 merks, not to harm Mr. Alexander Douglas, 
minister at Elgin. October 25th. James Douglas of Barflithillis for Mr. 
Alexander Douglas, minister at Elgin, 1000 merks, not to harm Hew 
Falconer of Little Innerlochtie. 

1606, August 7th. Alexander McMath, elder, merchant burgess of 
Edinburgh, for George, Earl of Caithness, 1000, not to reset or inter- 
commune with Mr. Alexander Innes, sometime minister at Birney, Johne 
Innes, elder, called McCarrie, Johne Innes, yr., called Lang Johne, 
William Innes, skinner, Robert Innes, flesher, James Innes, son of the 
said Johne Innes, elder, Alexander Innes, saddler, Johne Innes, sometime 
in Coittis, Robert Innes of Coittis or James Scott in Little Innerlochtie 
while they lie at the horn to which they had been put at the instance of 
William Hay of Mayne, James Dowglas, burgess of Elgyne, Mr. 
Alexander Dowglas, minister at Elgyne, and George, Hew, Mr. Johne, 
Mr. Gavin and Archibald Douglas, their brothers, for the slaughter of 
Agnes Leslie, relict of Mr. Alexander Douglas, sometime provost of 
Elgyne, and the deceased William Hay, father brother of the said laird 
of Mayne, and for mutilation of the said laird. 

1606, September 22nd. James Douglas of Barstachillis for the right 
reverend father in God, Alexander, Bishop of Murray, 1000, not to 
harm Hew Falconer of Little Innerlochtie. The band is subscribed at 
Elgin, 1 5th September, before William Douglas, vicar of Elgin, Mr. 
James Guthrie, minister at Urquhart, and Mr. William Clogie, preacher 
of God's word at Elgin. Gawin Douglas, burgess of Elgin, for James 



228 RECORDS OF ELGIN. [1607. 

Douglas, burgess there, 1000, not to harm Hew Falconer in Little 
Innerlochtie. 

1606, September 3Oth. William Cuming, fiar of Ernisyde, for John 
Cuming of Ernisyde, 1000, and for John Cuming, his son, 400 merks, 
not to harm Stephane Johnnstoun in the College of Elgin, conform to 
the king's letters dated at Edinburgh, 5th February, 1603. 

1606, December 3rd. Mr. Gawin Douglas, burgess of Elgin, for 
James Gibsoun, merchant burgess in Dundie, 500 merks, not to harm the 
provost, bailies and council of Elgin, conform to the king's letters dated 
ist December, 1606. Thomas Grant of Culquhoth for Stephane Johnn- 
stoun in the College of Elgin, 500 merks, not to harm John Cuming of 
Irnesyd or John Cuming, his son. This band subscribed before Nicolas 
Dunbar, son of Mr. John Dunbar of Meft, Thomas Mill, merchant 
burgess, etc. 

1607, February ipth. Complaint by Stephane Johnnstoun, messinger, 
against John Cuming of Eirnesyde, John and Archibald, his sons, James 
Fraser, alias Suddart, their servitor, Walter Innes, also their servitor, 
John Innes, sometime of Coitis, Robert Innes, his son, and Thomas Innes, 
parson of Bonochie. He complained (i) that in August, 1602, Cuming 
of Ernside came to his (complainer's) lands of Nether Linkwoode and 
cut and destroyed a great quantity of his corn (2) the complainer having 
been in Elgin, i6th November, 1602, John Cuming and his son attacked 
him with swords and dirks, and would have slain him but for the 
providence of God and the help of divers good subjects (3) in 1603 and 
1604 John Cuming and James Leslie, burgess of Elgin, demolished all 
his houses and yard dykes (4) on I5th September last John Cuming and 
others to the number of twelve came to his lands of Linkwoode and not 
only reft his stacked and stooked corns, but also attacked complainer for 
his slaughter (5) on 24th July last, while complainer was in Edinburgh, 
John Innes, sometime of Coittis, Robert Innes, his son, and Thomas 
Innes, parson of Bonechie, with others came to his chamber in the 
College of Elgin, broke up the outer gate thereof, used " divers ingynis " 
to demolish the inner doors, and at last entered and reft sundry of his 
evidents. They came to Issobell Cuming, complainer's mother, ejected 
her, broke up her doors and chests, and spuilyied three stand of 
" courtingis," six fine feather beds, six pairs of blankets, four pairs of 
linen sheets, twenty cods, a dozen new cushions, a great paper book and 
various other books. 



1607.] PRIVY COUNCIL REGISTER. 229 

1607, March 2nd. Stephane Johnstoun for Isobell Cuming, his 
mother, in the College of Elgin, 500 merks, not to harm John Cuming 
of Ernesyd or John Cuming, his son. 

1607, June 23rd. [Meeting of Privy Council, twenty-three members 
present, one being Huntly, who gave his oath of allegiance.] Complaint 
by Sir Thomas Hammiltoun of Monkland, his Majesty's Advocate, that 
George, Marquis of Huntly, " nawyse repairis to the kirk and heiring of 
the sermone, abstenis frome the communion and in the governament of 
his houshold and familie professis and utteris himselff to be ane direct 
adversair and not weill resolvit in the treuth and thairby gives verie just 
occasioun of sclander to the kirk." For these offences he ought to be 
punished in the manner specified in the king's Declaration in answer to 
the petition from the General Assembly held at Linlithgow in December. 
Charge had been given to the Marquis to answer ; and now, pursuer 
appearing, with Peter, Bishop of Aberdeen, and Alexander, Bishop of 
Murray, who concur with him, and the defender being also present and 
the defender having confessed that he "was not fullie resolved in the 
haill heidis of religioun presentlie professit within this kingdom and 
albeit sometymes he hantit the kirk and preiching, yit he wes not an 
ordinair heirair, nather wes he desyrous to communicat quhill he wes 
forder resolvit," the Lords ordain the Marquis to be confined in the burgh 
of Elgin and eighteen miles round, " and that every moneth during the 
tyme of his confynning, he remane ten dayis togidder within the said 
burgh of Elgin, whereof tvva salbe Sondayis and that, alswele during his 
stay in the said burgh as in his residence at hame he resorte upoun 
Sondayis to the heiring of the sermone and that upoun these dayis and 
utheris dayis of his residence within the said burgh he be alwyse reddy 
to confer for getting resolutioun of such doubtis as he can object for not 
conforming himselff to the present professioun, and that he alwyse forbeir 
frome all resetting or intercommuning with ony jesuitis, seminarie preistis 
or excommunicat papistis as he will answer to his Majestic and the saidis 
Lordis upon the contrair at his heichest perrell." 

1607, November 26th. Forsamekle as George, Marques of Huntly, 
being confynned within the burgh of Elgin and [blank] myllis thairaboute, 
according to that directioun formerlie send hame be his Majestic to the 
Lordis of Secreit Counsell, and his Majestic now considering the small 
fruit of the said Marques stay in these pairtis, baith by reasoun of the 



230 RECORDS OF ELGIN. [1608. 

few nomber of the learned ministeris thair with whome ather he micht 
confer or whose sermonis he might heir, and als in regaird of that his 
greate commandiment and following in these same boundis being sa far 
remote from the place of the residence of the Prevey Counsel! as no 
doubt it geves him the more libertie to omitt the doing of that whilk is 
enjoyned to him, and he remanis altogidder uncontrolled for the same : 
And seeing the heiring of the Word and conference with leirned men 
must be the banishearis from the said Marques of that his blind super- 
stitioun : It is thairfoir his Majesties will, pleasour and directioun that 
the said Marques confyneing salbe changeit fra Elgin to Abirdeyne, and 
that his repairing to sermonis and conference with the learned men of 
the ministerie salbe heirefter within the burgh of Abirdeyne as it was 
formerlie appoynted within the said burgh of Elgin sua that his Majesteis 
goode intcntioun for the confyneing of these nobilmen for bringing of 
thame to this knowledge of the treuth be not eludit, and thairfoir the 
Lordis of Secreit Counsel! ordanis letters to be direct chargeing the said 
Marques of Huntly to addresse himself to the said burgh of Abirdeyne, 
and that he remayne within the said burgh, hant the sermonis, use 
conference and observe all the remanent injunctionis and commandimentis 
specifeit and contenit in the Act of his confyning within the said burgh 
of Elgin (Vol. VII., 395-6) conforme to the tennour thairof in everie 
point, claus, heid, article and circumstance of the same within fyftene 
dayis nixt after the charge under the pain of rebellioun. [The Marquis 
was excommunicated by the General Assembly in 1608, and committed 
to prison in Stirling Castle, where he remained some years.] 

1608, March loth. Proclamation for co-operation of Scottish fencibles 
with forces from Ireland in a new expedition to the North and West 
Isles for reducing the same to his Majesty's obedience. A part to meet 
in Yla on ist of June next, to come "weill bodin in feir of weir, with 
cariage and palyeonis to ly on the feildis and with fourty dayis victuallis." 
The landed gentlemen from the counties and burghs of the southwest 
and north of Scotland to meet at Inverness. The northern counties 
included Aberdeen to Caithness, and the northern burghs Dundee, 
Montrose, Aberdeen, Peterhead, Banff, Elgin, Inverness, Rosemarky, 
Tain and Cromarty. The expedition was afterwards prorogued till 
ist July, and included forces from the whole kingdom, the place of 
meeting, Trotternish, and the date of rendezvous, 24th July. The 
expedition was successful. 



1609.] PRIVY COUNCIL REGISTER. 231 

1608, May 2Oth. Commissioners appointed for fixing the prices of 
boots and shoes twice a year all over Scotland. Commissioners for the 
burgh of Elgin : Nicolas Dunbar of Bogis and Johnne Innes of 
Leuchairis. 

1608, November 4th. Alexander Innes of Coittis for John Innes of 
Leuchairis, ^1000, not to harm Mr. Alex r . Hay, Lord of Foistersait, 
conform to the king's letters, dated at Edinburgh, 8th August, 1608. 
The band written by Nicolas Dunbar in Elgin. Subscribed at Elgin 
before John Leslie, burgess of Elgin, George Gumming, burgess there, 
N.P., etc. 

1608, November 23rd. John Innes of Lewcheoris for Alexander 
Innes of Coitis, ,1000, not to harm Mr. Alexander Hay, Lord of 
Foistersait. The band written by Andro Innes, writer in Elgin, and 
subscribed at Elgin before George Cuming and George Annand, notaries. 

1608, December I5th. Hutcheoun Calder, burgess of Name, for Mr. 
Alexander Hay of Forresterseat (my Lord of Forresterseate), one of the 
Senators of the College of Justice, 1000, not to harm John Innes of 
Lewcharis or Alexander Innes of Cottis. 

1609, April 1 8th. Mr. Thomas Annande of Glasgrene for William 
Cuming, fiar of Ernesyde, 2000 merks, not to harm Mr. James Dundas, 
chantor of Murray, conform to the charge given to him of date 2Oth 
February last. The band written by Mr. William Annand, son of the 
surety, and subscribed at Elgin. 

1609, May 4th. Alexander Gordon of Oxhill for James Petrie, elder, 
merchant burgess in Elgin, 40x3 merks, not to harm Isobell Cuming in 
the College of Elgin. Subscribed at Elgin. 

1609, June 3Oth. James Petrie, elder, burgess of Elgin, for James 
Petrie, y r ., burgess there, 400 merks, not to harm Isobell Cuming. 
Subscribed before John Leslie and Alexander Innes, burgesses in Elgin, 
and Mr. John Stewart, master of the Grammar School there. 

1609, July 1 2th. Alexander Gordon of Oxhill for James Petrie, 
elder, merchant burgess in Elgin, James, Robert, John and Alexander 
Petries, his sons, 400 merks each, not to harm Issobel Cuming in the 
College of Elgin, Marjorie Johnnstoun, her daughter, spouse of George 
Cuming, burgess of Elgin, John Cuming, son of the said George, James 
Johnestoun, son natural of Stephane Johnestoun in Elgin, Janet Hay, 
daughter of the late Thomas Hay, merchant burgess in Elgin, or 



232 RECORDS OF ELGIN [l6ll. 

Stcphanc Johnestoun in Elgin. Alexander Gordon of Oxhill for Patrick 
Gibsoun of Sheriffmill, 400 merks, to same effect. 

1609, November 2nd. The Commission of the Convention of Estates 
in May, 1608, to the magistrates of burghs and to certain gentlemen 
associated with them for fixing the prices of boots and shoes having by 
negligence of said commissioners had little or no effect anywhere, so that 
" the extraordinair and schameles derth of bootis and shoone is not onlie 
of continewance bot daylie ryseis to heicher priceis, the grite hurt of all 
ranks and degreis of personis, especialie of the poor people and servandis 
whose haill waigeis in a yeir will scairs be sufficient to furneis thame 
bootis and shoone," the Commissioners are charged to report to the 
Council within twenty days under pain of rebellion. 

1609, November 27th. George Brody of Unthank for Mr. Gawin 
Douglas, burgess of Elgin, .500, not to harm William Hay of Mayne, 
conform to the king's letters, dated at Perth, 26th September, 1604. 
The band, registered by Mr. Thomas Nicolsoun, advocate, is registered 
at Elgin, I5th November, before Alexander Brodie, son of David Brodie 
of that ilk, Mr. David Philp, preacher of the Holy Gospel at Elgin, etc. 

1610, December I3th. Act of Caution. James Douglas of Barflet- 
hills for the reverend father in God, Alexander, Bishop of Murray, 2000 
merks, not to harm William Hay of Mayne, conform to the king's letters, 
dated at Perth, 26th September, 1604. The band, registered by Mr. 
Johnne Dempstar, advocate, and written by Mr. Patrick Dunbar, parson 
of Duffus, is subscribed at Elgin, 28th November, before Mr. Johnne 
Douglas, clerk to the Commissariat "seate" of Elgin, Mr. David Philp, 
minister at Elgin, and Robert Leslie and Walter Smyth, messingers. 

1611, May 3rd. Act of Caution. Alexander, by the mercy of God, 
Bishop of Murray, for Mr. Gawin Douglas, burgess of Elgin, 500, not 
to harm Robert Hay, writer in Edinburgh, conform to the king's letters, 
dated at Edinburgh, 3ist August, 1610. The band registered by Mr. 
Thomas Mawer, advocate, and written by William Thome, N. P. in Elgin, 
is subscribed at Elgin, 26th April, before Mr. David Philp, minister of 
God's evangel at Elgin, Robert Leslie, servitor to the said Bishop, Mr. 
Johnne Douglas, clerk of the commissariot of Murray, and the said 
writer hereof. 

1611, June nth. Ane commissioun to the Bishop of Murray and 
utheris aganis ane witche : Marioun Tailyeour in and Marjorie 




I 



i 



l6ll.] PRIVY COUNCIL REGISTER. 233 

Mongomerie in within the country of Murray having been 

examined before Alexander, Bishop of Murray, and the other brethren 
of the presbytery of Elgin, as suspected of the " detestable crymes of 
witchcraft, sorcerie, inchantment and utheris divilishe practizes frequentlie 
committit be thame upoun mony our good subjectis," and it having 
clearly appeared to the said judges that they are guilty of the said 
crimes, and also that by reason of their "bigane oversicht and impunitie" 
they still continue in "geving thair wicked consultationis and divilishe 
charmes to the poor ignorant people " as a certificate subscribed by the 
said Bishop and a majority of the said presbytery, shown to the Council 
bears, there is commission under the signet, subscribed by the Chancellor, 
St. Androis, Mar, Glencarne, Abercorne and Lotheane to Alexander, 
Bishop of Murray, Thomas Urquhart of Cromartie. Jhone Urquhart of 
Cragstoun, tutor of Cromartie, Johnne Gordoun of Buckie, sheriff depute 
of Invernes and Johnne Innes of Leucharis, balie of the said Bishop, to 
apprehend the defenders, try them by assize in a Court of Justiciary to 
be appointed by them, and administer justice on them, as they shall be 
found guilty or innocent. 

161 1, July 2gth. Act of Caution. James Dumbar, merchant burgess 
of Elgin for Alexander Dumbar of Hill, 1000 merks, not to harm Rorie 
McKenzie of Cogache. The band registered by Mr. Umphra Blinsele, 
advocate, and written by Johne Dumbar N.P. is subscribed at Elgin, 
25th July, before James Dumbar, burges there, Johnne Dasoun, there, 
and James Leslie and Alexander Mylne writers there, Johnne Dumbar 
and George Sutherland, notaries, subscribing for the said principal. 

1611, September 27th. Johnne Sutherland, a notorious vagabond, 
who had often escaped furth of the tolbooth of Elgin, wherein he was 
warded for acts of theft, having been on instant again imprisoned 

in the said tolbooth by the provost and baillies of the burgh of Elgin for 
the many thefts committed by him at night within the said burgh on 
divers good subjects, commission under the signet, subscribed by the 
Chancellor, Glencarne, Glasgow, Lotheane and Scone is given to 
Sutherland of Duffus, Johnne Innes of Leucharis, Patrik Dunbar of 
Conzie, and the provost and bailies of Elgin, or any of these persons, 
with the said magistrates, to try the said Sutherland by an assize and 
minister justice on him. 

F I 



234 RECORDS OF ELGIN. [l6l8. 

1612, August 2ist. Some trouble having fallen out upon 25th July 
last, being the market day of Elgin, between Johnne Hay, sometime of 
Urknay and Hew Hay, his son, on the one part and James, Niniane and 
Robert Dunbaris, sons of Williame Dunbar of Hemprigis and James 
Dunbar, son of Gavin Dunbar, archdeacon of Murray, on the other part, 
these persons had been called before the Justices of Peace within the 
shire of Murray, and after due trial had been found guilty of breach of 
the peace. Accordingly they had been severally fined proportionally to 
their ranks and ordained to find caution for keeping the peace hinc inde, 
and to remain in ward till they paid the fines and found the caution. 
Now while Johnne and Hew Hay had obeyed the said sentence, the 
other party had "proudlie" refused to give their obedience, and had 
broken their ward furth of the tolbooth of Elgin and escaped. There is 
order therefore to charge the said persons at their dwelling places, if 
they any have, and by open proclamation at the market crosses of Elgin 
and Forres to enter in ward in the tolbooth of Elgin within three days 
after the charge, under pain of rebellion, with order to charge all judges 
and ministers of the law within whose bounds the said malefactors reside 
to apprehend them and enter them in the tolbooth of Elgin. 

1617, March 5th. The burgh of Elgin was represented in the Con- 
vention of Estates, held at Edinburgh, by James Rutherfurde when a 
vote was made of a taxation for his Majesty's expenses in his approaching 
visit to Scotland. The Burghs paid 33,333 6s. 8d. ; the Barony Free- 
holders and Feuars of Royal Lands 66,666 133. 4d., and the Spiritual 
Estate 100,000. 

1617, June I2th. Complaint by John Gordon, apparent of Sudraw, 
that John Dunbar of Westfield, sheriff of Moray, remains unrelaxed 
from a horning of i$th February last for not paying 339 to pursuer. 
Defender not appearing, there is order to the Captain of the Guard to 
apprehend defender, seize his houses and inventory his goods for the 
king's use. 

Thos. Grant of Cardails and his son against the sheriff of Moray and 

his deputes for not doing the duty of their offices against Thos. 

Grant in Daltaleis charged with assault on the principal pursuer 

and with the murder of his son, Patrick : defenders assoilzed. 

Edinburgh, 5th February, 1618. Complaint by Thomas Grant of 

Cardaillis, Johnne Grant, his son, and the King's Advocate, as follows : 



1618.] PRIVY COUNCIL REGISTER. 235 

On nth November last the said laird and his late son, Patrik, were set 
upon within the burgh of Elgin by Thomas Grant in Daltaleis and 
armed accomplices. The said Thomas was struck " throw the craig with 
a rapper," and was so wounded that " nothing bot death is expectit." 
Defender also " ran the said umquhill Patrik throw the bellie with his 
rapper." After the murder he was arrested by the sheriff-depute of 
Elgin, "the said schireff-principall being within the said burgh for the 
tyme," and was committed to the tolbooth, where he still remains. 
Pursuer and his friends dealt with Johnne Dunbar of Westfeild, sheriff 
of Murray, to minister justice in this case ; but the said sheriff excused 
himself "as not being able to sit in judgement, inrespect of divers 
homings quhilkis he undirlay, ane exceptioun proponit and alledgeit 
be him selff to convince him of ane unexcusable wrong and neglect of 
dewtie by his refusaill and denyall of justice unto the saidis complenairis, 
and to argue aganis him his incapabilitie and unworthienes of that 
chairge and office quhilkis he haldis of his Majestic." Pursuers there- 
upon addressed themselves to the deputes, viz., Williame Torrie, burgess 
of Elgin, and Chairlis Reid, burgess of Forrcs. " Thay conferring and 
adviseing thairupoun with the principall schireff, it wes aggreit amongis 
thame that, for eschewing of ane publict and manifest imputatioun of 
refusall of judgement, thay sould fense ane courte, entir the criminall 
upoun pannell, and seame willing to do justice, and that notwithstanding 
thay sould admit ony kynd of declinatoure that sould be proponit aganis 
thame. Quhilk wes accordinglie done, insofer as, the courte being fensit 
and the pairteis in judgement, it wes objectit aganis William Torrie that 
he stood within feird and fourtis of kin to the persewair. Whairupoun 
he removit him selff, althocht he wes within a degrie narrer of kin to the 
pannell, and in all dewteis of leve, kyndnes, and freindschip wes more 
addictit to the pannell nor to the persewair. And, it being objectit 
aganis the other depute that he wes not lauchfullie electit, chosin, and 
sworne to that office, he thairupoun declynit him self, althocht in his 
awne conscience he knew his admissioun in all circumstanceis to be 
lauchfull and formall." Defenders have therefore incurred the penalties 
of an Act of Parliament. Pursuers appearing personally, and having 
passed from " that pointe of this summondis pro loco et tempore tuitcheing 
the decerning of the said schireff and his said depute to tyne thair 
officeis," and insisted only on the exhibition of Thomas Grant, and the 



236 RECORDS OF ELGIN. [l6l8. 

said Johnne Dumbar appearing for himself and his said depute and 
exhibiting the said Thomas, the pursuers crave that "seing the said 
Thomas Grant wes tane flagranti crimine and reid hand," and that 
February instant was fixed for his trial before the Justice, he ought to be 
committed to the Tolbooth of Edinburgh in the meantime. The said 
Thomas answers that he ought not to be detained, because he had found 
caution for his appearance, and because " being undir band and promeis 
to the said schireff to entir him for his releif quhenevir he sould be 
chairget for him, he freelie and willinglie enterit him self to the said 
schireff how soone he undirstood that the said schireff wes burdynit to 
exhibite him, and that he is to come heir of his awne accord with the 
said schireff to present him self to his tryall." The Lords find that the 
said Thomas ought not to be detained, because he has not only found 
the said former caution, but also by their direction new caution in 2000 
merks. They also find that the sheriff has satisfied the charge anent the 
exhibition of the said Thomas, and accordingly exoner him by these 
presents. 

Wm. Hay of Mayne and others against Grant of Ballindallach and a 
number of others for illegal convocation in arms, riot and assault 
in Elgin. 

Edinburgh, 5th February, 1618. Complaint by the King's Advocate, 
William Hay of Mayne, Jeane Grant, his spouse, and Frances Hay, their 
son, as follows : On November last, Patrik Grant of Ballandallach, 

James Grant of Dalvey, Johnne Grant in Lethindye, Robert Grant, his 
brother, William Grant in Tulchen, Patrik and Robert Kynnaird of 
Glenlattrothe, James Kynnaird in Quhytwrey, Johnne Grant, apparent 
of Cardaillis, Harie Stewart, his servitor, Thomas Hardy, burgess of 
Elgin, Alexander Innes, son of McTarie there, Angus Gow in Skyravie, 
Robert Stewart, brother of Kilmachlane, Thomas Name in Lethnitie, 
Arthour Stewart there, Patrik Grant in Skyravie, Patrik Grant in 
Dalnapoit, Robert Moir in Petcroy, William Mclnnes there, Robert 
McRobert there, Patrik McCondochie Roy there, James Thomesoun, 
burgess of Elgin, and others, to the number of 100 persons, all armed 
with " bowis, durkis, swerdis, Lochaber aixes, malyie coittis, Jedburgh 
staulffis, halbertis," and also with guns, hagbuts and pistollets, went to 
the said William's " house or chalmer within the burgh of Elgin," entered 



1618.] PRIVY COUNCIL REGISTER. 237 

the same violently, searched for the said Frances, and " stoggit the haill 
beddis " in their desire to get at him. Missing the said Frances, who 
had escaped by a private passage, they set upon his mother, " trampit 
and tred hir undir thair feit" and wounded her severely. The Lord 
Advocate appearing, and the said Frances appearing for himself and 
other pursuers, and the said Patrik Kynnaird, and Johnne Grant, 
apparent of Cardaillis, being present, but the other defenders not 
answering the summons, the Lords assoilzie the said Patrik Kynnaird 
and Johnne Grant because they have denied the charge on oath ; and 
they order the absentee defenders to be denounced rebels." 

William Aysoun, burgess of Elgin, against George Sutherland, sheriff- 
clerk of Elgin and Forres, for extortionate overcharge for a copy 
of a legal paper, and for continued vexation of the pursuer for 
his declining to pay the sum demanded : complaint found proven, 
and defendant committed to ward, and deprived of his office. 

"Edinburgh, I7th February, 1618. Complaint by William Eysoun, 
burgess of Elgine, as follows : George Sutherland, sheriff-clerk of Elgin 
and Forres, in contravention of the acts anent the fees of clerks and 
writers, made a charge, in the year 1615, of 30 and i boll of malt for 
1 ane litle act and rolment of courte, contening ane obsolvitour frome ane 
blood, extractit be him unto the said complenair, quhilk contenit not 
abone half ane through of paper. And, becaus the said complenair with 
verie good reasoun repynnit some thing at this schamles and extraordinair 
price for writing of half ane through of paper, being verie willing not- 
withstanding to pay him sax tymes mair nor the saidis Lordis be thair 
ordinance had appointit and set doun, he thairfore consavit ane grite 
haitrent, grudge and miscontentment aganis the said complenair. And, 
althocht he nevir maid promeis nor conditioun to him be worde nor 
write of the said sowme, yit verie unlauchfullie and unformalie he callit 
and convenit the said complenair in a schireff courte, quhairin him selff 
sat as judge and clerke, and he took a decrite to him selff aganis the 
said complenair for payment of the said sowme, and commitit him to 
waird within the Tolbuith of Elgin for the same, quhairin he detenit him 
a lang tyme, and hes haldin the said complenair in continewall tormoyle, 
trouble, and faschrie for that caus almaist thir tua yeiris bigane, some- 
tymes by arreisting and poinding of the said complenairis geir, and 



238 RECORDS OF ELGIN. [1618. 

sometymes by wairding of his persone, quhairby he hes drevin the said 
complenair, who sometymes wes ane honnest man, to the extreame 
poynte of miserie and pouirtie.' Both parties appearing, the Lords find 
the charge proven. They order defender to pay ^30 to pursuer, and to 
be detained in the Tolbooth of Edinburgh during their pleasure. Further, 
they deprive him of his clerkship of Elgin and Forres, and of his office 
of notary." 

1618, August igth. Patrick Dunbar of Westerton complains against 
John Dunbar of Westfield, Sheriff of Moray and others for continued 
persecution and molestation " with horrible aitheis he avowit that he 
sould haif his (Patrick Dunbar's) lyff the first tyme he saw him." 
Defenders deny on oath but the Lords order the Sheriff to find law 
surety in 3000 merks. 

Edinburgh, ijth December, 1618. Complaint by Williame Eysoun 
in Weeke against the provost and bailies of the burgh of Elgin, James 
Douglas, nephew of Alexander, Bishop of Murray, and Robert Dumbar, 
burgess of Elgin, that he has been wrongfully committed to the tol- 
booth of Elgin at the instance of the said James Douglas and Robert 
Dumbar. Williame Mortymer, burgess of Elgin, appearing for defenders, 
and giving in a copy of the principal letters, and Johne Sutherland, 
servitor of pursuer, appearing for pursuer, the latter declared that, he 
being directit to this burgh be his said maister with the principall letteris 
to have bene gevin in before the saidis Lordis and with sindrie utheris 
letteris and writtis concerning his said maister, and being come agaitward 
to the burgh of Bruntiland upoun the day of December instant, 

quhair he ludgeit that nicht in Johnne Harrowaris house, one Thomas 
Grant, servitor to Johne Grant, quha is servitor to the laird of Mayne 
and quho ludgeit that nicht with the said Johnne Sutherland and lay in 
bed with him, tooke his haill letteris fra him quhenas he wes sleipand in 
his bed, and careyed the same to the said Johnne Grant, his maister ; 
and that, he haveing mist his letteris in the moirning, and haveing tryed 
that the said Thomas Grant raise about midnicht and past to the said 
Johnne Grant, his maister, quhair he wes ludgeit in Johnne Murrayis 
house in Bruntiland, and stayed with him ane houre or thairby, the said 
Johnne Sutherland went to the said Johnne Grant and complenit to him 
of the injurie and wrong done to him be his servand. He boisted the 
said Johnne Sutherland, threatning to lay him faster nor his maister wer 



l62O.] PRIVY COUNCIL REGISTER. 339 

layde." The Lords understanding that the said Johnne Sutherland has 
been " craftelie circumvenit and noting that defenders have neither 
appeared personally nor exhihited pursuer, order the said magistrates to 
liberate pursuer under pain of rebellion." 

1619, July ist. Alexander Anderson in Incharnoch against Robert 
Gibson, burgess of Elgin, and another for suspension of horning : 
Complaint by Alexander Anderson in Inchirnothe that he has been 
denounced rebel at the instance of Robert Gibsoun, burgess of Elgin, 
and [William] Duncan, tenants for the time of Sir John Seytoun of 
Bairnis, and of Sir John as their master, for not appearing to answer 
" tuitcheing his alledgeit comeing to the said Sir Johnne his saidis 
tennentis thair dwelling houss and thair searcheing, seiking and invading 
thame " in manner stated in the letters of horning ; in consequence of 
which he was, a long time ago, taken and imprisoned in the Tolbooth of 
Elgin, where he is still detained. He objects that he never was laufully 
charged to compear, as, had he been so, he would have appeared and 
proved his innocence, and that he had found caution of 300 merks to 
answer on 25th March next and had offered 20 merks for his escheat. 
He craves that the process be suspended. Charge had been given to the 
said Robert Gibson and William Duncan in Incharnoch to appear ; and 
both parties now appearing, the pursuer personally and Robert Gibson 
for himself and the said Duncan, and the letters being produced, bearing 
that the pursuer upon 2oth July, 1617, came "be way of hamesucken 
disagwysit in weymenis clothes undir cloud and silence of nicht" to 
William Duncan's house in Inchernoch, broke the doors, entered with a 
drawn sword in his hand, and chased Gibson and Duncan through the 
house to kill them, but being disappointed " brak doun the said William 
Duncanes wyndois, tymmer worke and haill guidis and geir being within 
his house and kaist the same oute at the durris " the Lords assoilzie 
Alexander Anderson, because, the complaint being referred to his oath of 
verity, he has denied the charge. The letters are accordingly suspended. 

1620, August 23rd. Protest for the Provost and Bailies of Elgin 
against a suspension of horning executed at their instance against the 
Magistrates and Community of Forres. Robert Hay, writer in Edin- 
burgh, appears as procurator for the provost and bailies of the burgh of 
Elgin, and produces copy letters of suspension raised by the provost, 
bailies and community of the burgh of Forres, charging the provost and 



240 RECORDS OF ELGIN. [l62I. 

bailies of Elgin to appear and show cause against suspension of a 
horning by them against the burgh of Forres in which the inhabitants of 
Forres were declared to have " bocht and ressavit fra the saidis provest 
and bailleis of Elgin the firlott, peck and half thairof, and to have usit 
the samyn in buying, selling, ressaveing and deliverie of thair victuall." 
The burgh of Forres not appearing, the said Robert Hay protests that 
the suspension shall not take effect, and that the letters of horning ought 
to be put to execution against the said burgh of Forres ; which protest 
the Lordis admit, ordering letters to be directed accordingly. 

1621, February ist. Robert Gibson, burgess of Elgin, against Robert 
Martin for assault. Complaint by Robert Gibsoun, burgess of Elgin, 
that on the day of , while he was walking quietly upon 

the " gait " of Elgin, Robert Mairtene, burgess of that burgh, came with 
a drawn dirk in his hand behind the complainer's back, "gaif him ane 
straik throw his clock," hurt and wounded him, and would have slain 
him had he not escaped. Both parties appearing personally, the Lords 
find the defender guilty, and order him to be committed to ward in the 
Tolbooth of Edinburgh. 

1621, April 25th. Thomas Wentoim, merchant burgess of Edinburgh, 
against James Garden and Thomas Kinnaird for assaulting him in Elgin. 
Complaint by Thomas Wentoun, merchant burgess of Edinburgh, as 
follows : On 7th February last, while he was on the high street of the 
burgh of Elgin about his lawful business, James Gairdyne and Thomas 
Kynnaird, burgesses of Elgin, both armed, fiercely set upon him, hurt 
and wounded him in sundry parts of his body, and would have slain him 
had he not escaped. They also " reft frome him his purse with the 
sowme of tua hundreth merkis thairintill, togidder with the hingaris 
and skabbert of his sword, and keepis the same from him as yitt." 
Pursuer appearing personally, and the defenders not appearing, the 
Lords find them guilty as libelled, and order them to enter themselves 
in ward in the Tolbooth of Edinburgh within fifteen days on pain of 
horning. 

1621, August 7th, Edinburgh. Caution for Robert Innes not to molest 
Marion Strachan or John Dunbar, burgess of Elgin. This day Mr. 
Robert Case, advocate, as procurator for principal and cautioner, registers 
a bond by Robert Innes, lawful son to Alexander Innes of Coittis, and 
with him George Gordoun of Geycht, as cautioner, that he shall not 



1622.] PRIVY COUNCIL REGISTER. 24! 

molest Marioun Strachane, relict of Johnne Innes of Leucharis and 
Johnne Dunbar, notary public of Elgin, nor their families, &c., under the 
pain of 500 merks. 

1621, December I3th. Act providing for the due collection in 
Morayshire, where the office of Sheriff is at present virtually vacant, 
of the Taxation voted to the king by the late Parliament. The Three 
Estates in his Majesty's Parliament held at Edinburgh, August, 1621, 
did grant unto his Majesty for the next four years a taxation of "the 
tuentie penny of all annualrentis," "and quhairas the Lordis of his 
Majesteis Previe Counsell understandis that David Kinloch, burges of 
Edinburgh, hcs apprised fra Dunbar of , lait Schireff of 
Elgin and Fores, the office of Schirefship of the said Schirefdome, and 
that the said David Kinloche notwithstanding thairof hes not as yitt 
come in possessioun of the said office," therefore James Rutherfoorde, 
provost of Elgin, and James Law, late shireff clerk of Elgin and Forres, 
are appointed to collect said taxation. 

1622, January 8th. Commission of the Sheriffship of Elgin and 
Forres to Lord Lovat, that Sheriffship having been virtually vacant since 
the death of the late Sheriff, John Dunbar of Westfield. " Forsamekle as 
it is understand to the Lordis of Secreit Counsell that the office of 
schirefship of the schirefdome of Elgin and Foress hes bene thir divers 
yeiris bigane voyd and vacand and the administratioun of justice to his 
Majesteis subjectis within the said schirefdome hes altogidder ceast and 
beene neglectit, pairtlie through deceis of umquhill Johnne Dunbar of 
Westfield, late schireff of the said schirefdome, and pairtlie upoun 
occasioun of ane pretendit appryseing of the said office led and deduceit 
by David Kinloche, merchant burges of Edinburgh, who being a persone 
altogidder unfitt and uncapable of suche a charge and burdyne, and 
being conscious to him selff of his awne waiknes and insufficiencie, he 
hes wyislie foirborne to medle thairwith or to undertak a charge quhair 
by be his insufficiencie to discharge the same he wald procure contempt 
and discredite, sua that the course of justice within that schirefdome is 
interruptit and shaikin lowse, his Majesteis goode subjectis ar havelie 
interest and prejudgeit, malefactouris are overseene, and evill disposit 
personis takis bauldnes without controlment to offend at thair pleasour, 
and with that his Majesteis awne affairis and service bothe in his 
taxationis and otherwayes, quhairof the directioun and executioun 

G I 



242 RECORDS OF ELGIN. [1623. 

pertenis to the schireff, ar frustrat and hinderit ; and the saidis Lordis 
foirsecing that it is a mater towcheing thame in honnour and justice and 
in thair dewitie and alledgeance to his Majestic not to suffer suche a 
pairt of the kingdome, so weele replcneist with grite nomberis of his 
Majesteis goode subjectis of all rankis and qualityis, to be sa lang voyde 
of governament and ordour ; and understanding the worthie and hon- 
nourable dispositioun of Symon, Lord Frasair of Lovatt, towards the 
furtherance and advancement of justice and his goode affectioun to 
serve his Majestic in ony charge salbe layed upoun him:" thairfore his 
Majesty appoints the said Lord Shereff Principal of Elgin and Forres. 

1623, March 6th. Complaint by Robert Innes of that ilk against 
Thomas Innes of Faithnick. On 3rd June last Thomas Innes of 
Paithnik came to the town of Elgin, where Robert Innes was for the 
time, " and curiouslie tryit quhat tyme the said Robert wes to remove af 
the town," while he also had " a spyc at the said Robert his stable doore 
to gif notice unto him of the drawing of his horsse and quhat way [he] 
tooke to go out of the town." The spy having " followit his directioun," 
Thomas Innes, with George and James Gordoun, sons of John Gordoun 
of Auchannachie, King, son-in-law of the said John Gordoun, 

and John Tulloch, servitor to Innes, each wearing a pair of pistols, 
besides other armour, went " to ane narrow vennall by the quhilk the 
said Robert Innes wes to go out of the town." There they set upon him 
unawares with " drawne swordis and bendit pistolles in thair hand and 
with a sword thay gaif Thomas Innes, servand to the said Robert, a 
most crucll and deadlie wound athorte his whole bak, sua that thair is no 
appearance of lyff for him. And every one of thame after ane uther 
presentit ane bendit pistollett to the said Robert his breast, of purpois to 
have schoitt him thairwith " ; and this they would have done had he not 
" dang the pistollettis out of thair handis, of the quhilkis pistollettis he 
at that same time tooke four from thame." The pursuer appearing 
personally and Thomas Innes of Pethnik appearing by Roger Mowat, 
who excuses his absence on account of sickness while the other defenders 
do not appear, the Lords find the defenders (except John Tulloch) guilty, 
and order them to be charged to enter the Tolbooth of Edinburgh within 
fifteen days, there to remain till further order be taken with them. John 
Tulloch is assolzied for want of proof." 

1623, March i3th. Re-appointment of Lord Fraser of Lovat to the 






1625.] PRIVY COUNCIL REGISTER. 243 

Sheriffship of Elgin and Forres, the former commission having expired. 
This new commission to last till ist August, 1625. 

1624, June roth. Punishment of William Rig, bailie of Edinburgh, 
John Hamilton, apothecary, John Mein, merchant, John Dickson, flesher, 
and William Simson, vintner, burgesses of Edinburgh, for their im- 
pugning of the doctrine of Dr. Forbes, and their opposition generally 
to the discipline of the church. The Lords found that John Mein, with 
others, urged ministers to celebrate the communion contrary to the 
received order of the Church and the public law of the kingdom, " and 
ordanis the said Johne to be confynned within the burgh of Elgine, and 
to mak his address thair within tuentie dayis nixt after the dait heirof." 
June 24th. John Mean, seeing that his trade will be undone and his 
poor family suffer, supplicates the Lords "to releeve him of his confyneing 
and he will promeis nevir to medle in thir churche materis heirafter." 
The Lords prorogate the commencement of his sentence for twenty 
days that in the meantime he may deal with the ministers of Edinburgh 
and give them satisfaction, and thereby get them to intercede with the 
Lords in his behalf. July ist. John Mean and the others tried along 
with him are declared incapable of any public charge in the kirk or town 
hereafter. December I5th. He is granted permission to return to 
Edinburgh to secure his family against the plague, and to remain there 
till I5th January. 

1625, January nth. John Mean's supplication: "After his long 
confyneing within the burgh of Elgyne ... he maid his addres heir 
with the grite hasaird and perrill of his lyffe, not onlie in respect of the 
way, whilk in a maner wes not possible for men nor horse, bot speciallie 
seing ludgeing wes refuisit him in all parts quhair he come, and if he had 
not come from the north he had never gottin ane house to set his head 
in, and if he goe bak thair agane he may resolve never to be admittit in 
ane house be the way." He prays for an extension of grace also on the 
ground of his wife's delicate health. The Lords grant an extension of 
eight days. January i8th. On his petition an extension of fifteen days 
in Edinburgh is granted, he pleading the state of his wife's health, his 
numerous family and the troubles of one travelling from a place reported 
to have plague. Thereafter extension was granted from time to time 
till 30th March. 




Shield at Greyfriars. 



REFERENCES TO ELGIN IN THE REGISTER OF THE 
GREAT SEAL (i565-i649>. 

1565-1572. The names and annual value of the lands and barony of 
Kilmalammok : (a) Petgowny (16, 8 dozen capons, 8 dozen poultry, 
8 dozen chickens, i chalder custom oats, 16 grassum every third year) ; 
(b) Barflathills (13 6s. 8d., 4 dozen capons, 20 merks grassum every 
third year); (c) Over Barflathills (10 133. 4d., 12 poultry, 10 133. 4d. 
grassum every third year) ; (d) and (e) Dunkyntie and Frostersait 
(2 chalders bear each) ; (f) Hauchis of Barflathills (32 merks) ; (g) 
Sanctandrois-Kirktoun with Kirk-hill (3 chalders bear) ; and (h) Scottis- 
tounhill (i chalder bear). The value of bear is given at 2 merks per 
boll, meal 2os. per boll, custom oats 135. 4d. per boll, salmon 10 per 
barrel, wedders 133. 4d. a piece, capons 2s. a piece, poultry I2d. a piece, 
chickens 6d. a piece, butter i8s. per stone, and peats 4d. per load. 

1577, April 24th. The king confirmed a charter of Gavin Dunbar, 
archdean of Moray, by which with consent of George, Bishop of Moray, 
and the dean and canons thereof, for a large sum of money paid to him 
for repair to the churches of Fores and Edinkelye he set in feu-farm to 
John Gibson, rector of Unthank, in life rent and William Gibson his son, 
cousin of the said Gavin, the lands and crofts lying between the crofts 
of the canons of Moray. One of the crofts lay between the croft of the 
rectory or prebend of Croy on the east and the croft of the rectory of 
Kynnoir on the west, extending from the burn of Tayok on the south 
to Deid Lossy on the north, another lay between the croft of the sub-dean 
on the east, the Treasurer's crofts on the west extending from the lands 
of Pannis towards the north to the lands of Mr. Alexander Douglas, 
then possessed by Thomas Myll, burgess of Elgin, on the south, the 
third between the croft or tail of the sub-dean on the east, the tail of 

(245) 



246 RECORDS OF ELGIN. [1586. 

the land of the succentor on the west extending from the stone wall 
which surrounded (circumdedit) the college of the Cathedral Church of 
Moray on the north to the king's highway at the burgh, and from the 
burgh of Elgin to the east boundary of said burgh at the south. 

1577-8, February i8th. The king confirmed a charter granted by 
James, Commendator of Fluscarden and convent thereof, by which for 
sums of money paid for the repair of his monastery then almost altogether 
wasted they set in feu-farm to Archibald Douglas of Pettindreich the 
lands and barony of Pluscarden, including the mill of Monachtie, the 
mills of Elgin and Mostowie, &c. 

1581, December i6th. The king granted to Patrick, Master of Gray, 
junior, his heirs and assignees, the lands and barony of Kilmalamok, the 
town and lands of Foresterseit, the town and lands of Dunkintie, the 
town and lands of Petgowny, the town and lands of Barnethillis called 
Cauldhame, the town and lands of Over Barnethillis, with the Hauch 
thereof, which fell to the king by the forfeiture of Archibald Douglas, 
formerly of Pettindreich, son natural of the deceased James, formerly 
Earl of Mortoun, lord of Dalkeith. 

1581, December i6th. Apud Halyruidhous. Rex concessit Patricio, 
Commcndatario dc Lundoris, hercdibus ejus et assignatis, edes et 
habitaculum appellatum the kous of Pettindreich, cum horto et pomario, 
jacen. in burgo de Elgin ex borcali latere vie publice ejusdem (inter 
terras Wil. Innes burgen. de Elgin, hortos the Channownis-yairdis, viam 
publicam appellatam the Channonrie-dois, et communia stagna dicti 
burgi) ; que regi devenerunt ob forisfacturam Archibald! Douglas, olim 
de Pettindreich, filii naturalis quondam Jacobi, olim comitis de Moirtoun 
dom. de Dalkeyth. Tenend. in libero burgagio. 

1582-3, February loth. Apud Halyruidhous. Rex dedit litcras 
legitimationis Alexandro Grant burgensi de Elgin, bastardo, fiilio naturali 
quondam Simonis Grant in Knokcannoch. 

1586, July I4th. The king confirmed to John Annand of Mureistoun, 
provost of the burgh of Elgin, and Jonete Cuming, his spouse, a charter 
of the following lands from William, Bishop of Murray, by which he 
granted [22nd April, 1480] to the deceased James Falconer the lands of 
Middillhauch called Moreistoun, between the lands of Francoklaw and 
the lands of Auchterspyne called Schirefmyll in his barony of Spynie, 
paying 45. annually and the wonted multure to the mill of Mallauthy 
called Bischopmyll. 



I59I-] REGISTER OF THE GREAT SEAL. 247 

1586, July I4th. The king confirmed a charter by the deceased 
Alexander, Prior of Pluscarden, and his convent, by which they set 
[8th September, 1570] to William Gaderar, burgess of Elgin, and the 
deceased Jonet Dunbar, his spouse, the mill of Mullane in the parish of 
Duppill. 

1586, August I3th. The king confirmed a charter of Patrick, Bishop 
of Moray, by which for two hundred pounds he set [i6th February, 1562] 
to Alexander Anderson in Wester Alves in life rent and Alexander 
Anderson his son, burgess of Elgin, in fee, and Bessette Gordoun, his 
spouse, the town and lands of Inchebrok in the barony and regality of 
Spynie. 

1586, December 8th. The king confirmed a charter granted by 
Florence Home, perpetual chaplain of the altar of S. Catherine in the 
Cathedral Church of Moray by which with consent of Patrick, Bishop of 
Moray and Commendator of Scone, and the dean and canons of Moray, 
he set [8th August, 1544] in feu farm for three years to William Gadderar, 
junior, burgess of Elgin, and Jonet Dumbar, his spouse, the lands or 
crofts called Sanct-Katreinis croftis on the west side of the crofts of 
Elgin between the crofts or lands of Robert Innes of Innermarkie the 
peat moss of the said burgh and the king's highway from the said burgh 
to Mayne, paying four bolls victual annually. 

1587-88, February 7th. At Holyroodhouse. The king granted 
letters of legitimation to Agnes Hepburn, bastard, daughter natural of 
the deceased Patrick, Bishop of Moray. 

1590, June 25th. The king set in feu farm to James Dowglas, son 
natural of William Douglas, chaplain of St. Laurence, within the 
Cathedral Church of Moray, his heirs, &c, the manse of said chaplainry 
founded on the lands of Catboll with houses and garden lying within the 
college of the Cathedral Church of Moray between the manse of Moy 
at the east, Lazarus wynd at the west, the king's highway from the burgh 
of Elgin to Stanecroshill towards the south, and the manse of the 
chaplain of S. Mary Magdalene within the said church towards the 
north, paying annually 405. 

1591, July 3rd. Apud Falkland. Rex, cum consensu etc. pro bono 
servitio ad feudifirmam dimisit quotidiano servitori suo Alexandro 
Younge de Eisterfeild, heredibus ejus et assignatis, croftam lie Ducat- 
croft (inter terras hospitalis vocat. Manssonedew prope burgum de 



248 RECORDS OF ELGIN. [l59 2 - 

Elgin ex occidental! capelle ejusdem), que ad dictam capellaniam de 
Mossonedew et Grene prius pertinuit, croftam de Grene ad ollam 
Ordinis lie Ordour-pote [adjacentem, inter terras de Droich et viam 
regiam tenus capella de Grene fundata apud diet, lie Ordour-pot\ et tune 
destructam terrarum tenementa et mansioncm Egideii (jacen. inter terras 
capellanie S. Michaelis, murum lapideum collegii de Elgin, et terras 
capellanorum de Elgin), necnon terrarum tenementa (inter publicam 
viam ad Bischop-mylne, terras de Herviishauch, terras burgales de Elgin, 
terras Jac. Gordoune de Knokaspak, diet, murum lapideum, fines man- 
sionis capellanie Dive Katerine) cum domibus et hortis et croftas vocatas 
Sanct-Katereiniis-croftis jacen. occidentaliter a loco vocato the Gray- 
Freiris of Elgin (descendendo a publica via ab australi latere burgi de 
Elgin ad labenam communem) cum columbario venelle Fratrum the 
Frcir-wynde dc Elgin, que prius ad capellanos ecclesie cathedralis de 
Elgin, saltern corum unum vel plures pertinuerunt, in territorio burgi de 
Elgin, vie. de Murray : Reddend. pro qualibet crofta 4 bollas ordei 
(vel. 6 sol. 8 den. pro qualibet bolla), pro tenementis etc. 26 sol. 8 den., 
[firme antique, et 6 sol. 8 den.] augmentations ; necnon duplicando 
feudifirmam in introitu heredum." 

1591-2, Jauuary 25th. The king set in feu-farm to John Hamilton in 
Auchriggis, his heirs &c. (i) the lands of Hervinshauch on the north side 
of the burgh of Elgin (between the burgh lands, the water of Lossie, 
Carsmenis-wynde and the vennel from the College of Moray to said 
water) ; (2) the Vicar's croft of Elgin lying among the other crofts of the 
canons of Moray (between the croft of the rector of Abirlour, Baxter's 
croft, the water of Lossy and the lands of the Blessed Virgin Mary, 
alias the Lady of Greine) in the regality of Spynie ; and (3) the manse, 
garden and tails of said vicarage on the north side of the burgh of Elgin 
(between the lands of the deceased John Robertson, merchant burgess of 
Elgin, the lands of the heirs of the deceased Robert Mawer and said 
water) ; all which were formerly part of the temporality of the vicarage 
of Elgin : Paying for Hervinshauc two chalders victual (or twelve merks 
each chalder), for croft and manse 40 shillings old ferrn and 40 pence 
augmentation, and doubling of feu ferm at entry of heirs. 

1592, June loth. Apud Halyrudehous. Rex, quia per actum 
commissariorum burgorum conventionis tente apud Monros, 16 Jun. 
1591, statutum est quod prepositus, ballivi &c. burgorum locarent in 



1 595-] REGISTER OF THE GREAT SEAL. 249 

feudifirmam burgensibus suis terras suas communes, et quod regis 
autoritas interponeretur, ordinavit prepositum et ballivos Burgi de 
Elgin cum consensu concilii et communitatis dicti burgi, assedare et in 
feudifirmam locare burgensibus dicti burgi, eorum heredibus et assignatis, 
terras communes dicti burgi, pro tali gressuma, annuo redditu et aug- 
mentatione que de eisdem extorqueri possent ; et ratificavit omnia 
infeofamenta per eos desuper facta et facienda. 

1594-5, March 22nd. " Apud Halyrudhous. Rex, quia OPPIDUM 
DE ELGIN in burgum regium antiquitus est erectum, atque in fundo 
procul ab ullo idoneo portu situm extitit, nullumque aut parvum com- 
mercium multis annis elapsis habucrat, eaque occasione, ac civili tumultu 
ibi nuper grassante, burgenses eo paupertatis reducti sunt quod rex 
commodum nullum ex eorum custumis reciperet, &c., ratificavit omnes 
concessiones per se aut suos predecessores dicto burgo factas, et presertim 
de terris de Mostolly, Dovelegrene, Glasgrene, cum lie Greisschip et 
marresiis de Strakaynt, cum libero introitu ad portus de Lossy et Spey, 
custumis, devoriis anchorariis aliisque privileges consuetis, ac nundinis 
in dicto burgo observat, cum theloniis &c. ; necnon omnia infeofamenta 
per prepositum &c., quibuscunque personis concessa de terris &c. dicti 
burgi : ULTERIUS de novo dedit dicto burgo, ejus preposito, ballivis, 
consulibus et communitati, eorumque successoribus, dictum burgum de 
Elgin cum ejus terris &c., presertim Mostolly &c. (ut sup.) cum dictis 
portubus de Lossy et Spey, et cum ceteris portubus, porticulis et crekis 
inter aquas de Spay et Findorne ubi navis, cimba levis, scapha aut 
quodcunque aliud vas hujus generis recipi posset ; cum potestate portus 
edificandi &c., et liberas nundinas consuetas tenendi, et alias nundinas 
prout eis videretur expediens statuendi ; tholonias levandi &c. (nee 
Hceret fora publica aut nundinas apud ecclesias parochiales, capellas aut 
alibi infra 4 miliaria dicto burgo adjacentia tenere, sed quod bona infra 
dictas bondas solvi solita ad dictum burgum portarent et venderent 
custumasque solverent) ; ac cum potestate burgensibus prepositum, 
ballivos, thesaurarium, gilde decanum, consules &c., eligcndi, leges pro 
boni ordinis observatione statuendi, liberos burgenses per consules et 
gilde decanum creandi ; cum potestate suffarcinandi et decortandi lie to 
pak et peill, emendi et vendendi &c. ; cum potestate terras dicti burgi in 
feudifirma sive alias disponendi, resignationes recipiendi &c. : IN SUPER 
rex, quia hospitale lie massindew apud diet, burgum fundatum extitit 

H I 



250 RECORDS OF ELGIN. [1619. 

ad alendas quasdem indigentes personas ad exercendos quosdam super- 
stitiosos ritus tune verbo divino et legibus regni abolitos ; et nihilominus 
terre et redditus dicti hospitalis a tempore reformationis religionis ad 
usus particulares quorundam hominum applicati erant absque respectu 
habito ad dictos paupercs aut ecclesie servitia aliosque pios usus, 
concessit dictis preposito &c. dictum hospitale, et preceptoriam et jus 
patronatus ejusdem, cum terris &c. ; cum potestate preceptoris officium 
ludimagistro idoneo ad docendam musicam aliasque artes liberates infra 
diet, burgum (qui magister in officiis ecclesie prout eis videretur expediens 
servire teneretur) concedendi, pauperesque quoti in prima fundatione 
statuti sunt imponendi ; cum potestate dictis preposito &c. prosequendi 
pro reductione infeofamentorum, assedationum &c. de possessionibus 
predicti hospitalis : REDDEND. servitium burgi debitum et consuet. ; et 
pro hospital! sustinendo ludimagistrum et pauperes secundum con- 
suetudinem ejusdem." 

1595, June 1 8th. The king granted to George Annand, son of John 
Annand, provost of the burgh of Elgin, his heirs and assignees, two 
perticates of land and houses standing thereon, lying adjacent within 
the burgh of Elgin on the north part of the king's highway (between 
the lands of Alexander Bayne, burgess of Elgin, the lands of Beroald 
Collie, and the path called the Derne-rod, leading from the said burgh to 
the cathedral church of Murray) which fell to the king on the death of 
Sir James Dowglas, chaplain of said church, bastard ; To be held in 
free burgage. 

1596, August 1 3th. The king granted letters of remission to James 
Law, messenger in Elgin, to last for his lifetime for his being art and 
part in the slaughter of William Taylor in Elgin. 

1610, January gth. The king granted letters of remission to James 
Mawer in Dallaquhy, to last for his life, for the unpremeditated slaughter 
of John Jameson, burgess of Elgin, in the month of October, 1605. 

1619, October 6th. The king granted to David Kinloche, merchant 
burgess of Edinburgh, his heirs and assignees, whatsomever, redeemable 
within seven years, certain lands in the barony of Moyncs, also the town 
and lands of Westfield, the office of Sheriff of Elgin and Forres, the 
castle of Forres, &c., which pertained to John Dunbar of Westfield, and 
were appreciated by the said John and Elizabeth Fraser, his spouse, for 
9820 merks due to the said David, on certain conditions and reserving 
half of Westfield to Mr. James Nicoll, merchant burgess of Edinburgh. 



1642.] REGISTER OF THE GREAT SEAL. 25! 

1638, January i6th. The king granted to Alexander Dunbar, son of 
the deceased John Dunbar of Westfield, the office of Sheriff of Elgin 
and Forres and the Castlehill of Forres which Mr. Robert Balcanquell, 
minister at Tranent, and Mr. Alexander Paterson, apothecary burgess of 
Edinburgh, with consent of Robert Dunbar of Burgie and Mr. Gavin 
Dunbar, chantor of Murray, resigned for new infeftment to Alexander 
Dunbar. 

1641, I5th November. "Apud Halyruidhous. REX, cum consensu 
&c. concessit preposito, ballivis, consulibus et communitati BURGI 
DE ELGIN in Murray, et eorum successoribus, terras de Glasgrein, 
intra libertatem et territorium dicti burgi, vie. de Elgin et Forres ; quas 
iidem prepositus &c. resignaverunt, instrumentis captis in manibus M. 
Willelmi Hendersoun notarii publici : INSUPER rex, quia ecclesia de 
Elgyne, que fuit ecclesia cathedralis Moraviensis et cujus cure Jo. novis- 
simus episcopus Moravien. inserviebat, minime provisa erat de sustenta- 
tione duorum ministrorum et lectoris, parochis ad numerum 3000 
communicantium vel eocirca extendentibus, et commissionarii invenerant 
quod provider! debuit ad 10 celdras victualium et 200 mercas monete 
(extenden. ad 1 1 lib. 2 sol. 2 den. sterline), cum gleba et mansa, pro 
primo ministro, 800 mere, pro secundo ministro, cum 40 lib. (extendenti- 
bus ad 3 lib. 6 sol. 8 den. sterline) pro elementis communionis, et ad 
vicariam parochie et ville de Elgine, valuatam ad 200 mere., pro lectore, 
concessit et mortificavit dicte ecclesie dicta stipendia de decimis 
garbalibus et rectorie dicte parochie, et lectori decimas vicarias ; et 
cum consensu M. Gilbert! Ros rectoris et Willelmi Murray vicarii de 
Elgin, concessit ct quitteclamavit dictis preposito &c. advocationem 
rectorie et vicarie dicte ecclesie, cum decimis &c. ; que antea pertinuerat 
ad diet, episcopatum ; et quam rex a dicto episcopatu dissolvit et ad 
diet, terras univit inseparabiliter : REDDEND. regi pro terris firmas 
burgales et servitium burgi consuet. ; pro advocatione unum den. albe 
firme ; et ministris et lectoribus dicta stipendia: absque prejudicio 
regie annuitatis, &c." 

1642, February igth. Included in a list of possessions appreciate 
from the Marquis of Huntly of this date (but not in a list of date 
27th December, 1639), is "magnum domicilium seu tenementum cum 
hortis in burgo de Elgin." A list of lands belonging to the Marquis of 
Huntly, which were appreciate 23rd June, 1642, for .75,087 133. 4d., 



252 RECORDS OF ELGIN. [1649. 

includes "tenementum in Elgin, terras de Sanct-Niniane in ecclesia 
cathedral! de Murray fundat. (aliquando per Cuthbertum Cumyng 
occupat.) cum horto vie. Elgin." 

1647, August 2oth. The king granted to Thomas Dunbar of West- 
field half of the lands of Boighoill and the office of Sheriff of Elgin 
and Forres, the tower and manor place, the Castlehill of Forres, which 
Robert Dunbar of Burgie resigned i6th August, 1647. Paying for the 
said office and the Castlehill a penny blench.* 

1649, November i6th. -The king granted to Sir John Makkenzie of 
Tarbet the lands and barony of Pluscarden, also " magnum tenementum 
cum hortis in burgo de Elgyn ex boreali latere vie regie ad lie 
Channorie-kirk de Elgyne ducentis, terras lie Capperlandis (vel Lipper- 
landis) in territorio dicti burgi, lie Ald-Mylnes, terras et domos de 
Aldmylnes, terras de Leavenshauch vie. Elgyn et Forres," &c., which 
belonged to Thomas Mackenzie of Pluscarden, and, 2ist September, 
1649, were appreciate for 48,035 merks. 



* Capt. E. Dunbar Dunbar of Sea Park, in a letter to the Editor of the Northern Scot, 
of elate 25th July, 1894, states that Thomas Dunbar of Westfield married Agnes, daughter 
of James Spens of Kirktoun, Alves, and died 4th November, 1652. The sum of the inventory 
of his effects, together with debts due to him, amounted only to ,3270 Sc. His grandson, 
Robert Dunbar of Westfield, who married a daughter of Sir Ludovick Gordon of Gordonstoun, 
was reinstated in a large portion of the family estates by charter under the Great Seal, of 
date 6th March, 1672, including the customs of the market of the town of Elgin, called Sanct 
Geill's day, together with the office of the sheriffdom of Elgin and Forres, which lands, &c., 
belonged before to Alexander Brodie of that ilk and others, by virtue of several apprisings, 
and which they now dispone to the said Robert Dunbar. 



EXTRACTS FROM MINUTES OF TOWN COUNCIL 

OF ELGIN. 



1636. 

March 28th. The Counsell to meitt upon Wednisdaye nixt the 
penult of this instant immediatlie eftir the prayeris within the tolbuith. 

March 3ist. Glinting Tarres Ckalmer. Comperit personally 
Alexander Tarres, skynner, burges of Elgin, and becom actit as 
cautioun souertie and lawborrowis for Patrik Chalmer, skynner, burges 
there, his vyiff, bairnes, seruands, guids and geir salbe harmeles and 
skaythles of the said Patrik Chalmer and all that he mayc stop or lat 
directlie or indirectlie in their cuming wtherwayes nor be ordor of law 
and justice, wnder the payn of four hundreth merkis money, and the 
said Patrik becom actit for his cautioncris releiff wnder the pain of 
poynding or warding. 

Kay Cuming. George Kay becom souertie and lawborrowis for 
James Cuming that Patrik Chalmer, skinner, salbe harmeles of him. 
Patrik Chalmer, skynner, for the ryott that fell out betuix him and James 
Cuming on the 29 of Marche instant is fynit be the Counsell in the 
sowme of ten punds money and wardit q 11 the samyn be payit. James 
Cuming is fynit for the said ryott the sowme of tuentie merkis. 

Cumyng Chalmeris. James Chalmer, skinner, became lawborrows 
for John Chalmer, skinner, that James Cuming be harmless of him under 
a penalty of 400 merks. John Chalmer became cautioner for James 
Cuming's indemnity. 

April 25th. P. Hay. Comperit personalie Paull Haye of Loche 
and become actit that he sail nocht bye na quhyt fisches in great within 
anye harberie q r in the toun of Elgin ar infeft in nor sail mak na mer- 

(253) 



254 RECORDS OF ELGIN. [1636. 

chandice thairof in na tym cuming wnder the payn of ane hundreth 
merks and confiscatione of the fisches he sail happin to bye. 

May 27th. A. Cutback Surges Act. Alexander Culback, secund 
lawfull sone to wmqll John Culback, burges of Elgin, is admittit freeman 
and burges of this burgh, and is becum in the provestis will for the 
samyn quha hes acceptit of him for his burges. 

September 23rd. Electione of Magistrates. Convenit in counsell 
in the south yle of St. Gelis kirk anent the chuising and electing of the 
magistrates for this zeir incuming to bear office within the said burgh 
and in respect of ane act of counsell maid be them of the dait the 
27 September, 1635, wherby they concludit and ordanit that ilk zeir in 
tym cuming sum persones of the counsell at leist ane or tua of them 
suld be changit and utheris personis put in their rowmes the said Counsell 
removit William Lesley and Alexander Gibsone aff of the Counsell and 
hes putt in lyit to be chosin these persones, viz. : William Falconer, 
James Innes, no r . publict, James Douglas, Robert Martein and Alexander 
Russell, zounger, out of qlk number the said counsell chuisit James 
Douglas and James Innes forsaid to be in place of the saidis William 
Lesly and Alexander Gibson quha hes gewin thair aythes. Lytes of 
provestis : Mr. John Hay and Mr. Gavin Douglas. The haill auld and 
new counsell chuisit Mr. John Haye be provest within the said burghe 
for this zeir in tym cuming. Lytes of baillies : Alexander Lesley, Johne 
Myln, Andro Waus and William Layng. The haill counsell electit 
Alexander Lesley and Johne Myln to be in rowme of John Robertsone 
and Andro Annand to be bailzeis for this zeir incuming. Andrew 
Annand, thesaurer. Nicolas Dunbar, clerk, and in his absence Jo n . 
Patersone. William Layng, James Douglas and James Innes to be 
pro rs . fischallis quhilkis haill persones of counsell hes gevin thair aythes. 
The officiaris to be zit advysit wpoun. Lynsteris, cunsteris and visitouris 
of the flesche mercat to be chosin. 

October 8th. Douglas Hendersone. Mungo Douglas becom souertie 
for Johne Hendersone in Knok of Straythylay that he sail keep the actis 
of parliament in tym cuming anent forstalling and regraitting wnder the 
payn of ane hundreth merks money. The qlk day John Hendersone 
fynit in xx lib. for forstalling be his awin confession. 

October I7th. Creation of Officiaris Lynsteris and Cunsteris 
Visitors of the Flesche Mercat. The qlk daye Jo". Forsythis, elder and 



1637-] TOWN COUNCIL MINUTES. 255 

zounger, Jo n . Douglas and Robert Dunbar creat officiars within the 
burghe of Elgin for this zeir in cuming quha hes gevin thair aythes. 
Lynsteris and cunsteris : South eist quarter Alexander Gilzean and 
William Warden. South west quarter Jo n . Chalmer, elder, and James 
Cuming. North wast quarter Robert Martein and Alexander Russell, 
zounger. North eist quarter William Cobban and Patrik Chalmer. 
Visitoris of the flesche mercat : Andro Stalker, William Coban, Alex- 
ander Murray, William Falconer, Robert Dunbar. 

Wm. Coban. William Coban fynit in tuentie four pundis for 
forstalling. 

November I4th. Stentaris of Taxations. Eight stentaris appoyntit 
for laying of the tounes taxatione. 

November 2ist. Ventonaris of Wine. Ventonaris of wyne betuix 
November, 1635, and November, 1636. Issobell Hardie, spous to 
William Lesly, declairit that sche ventit and brocht in to hir cellar 
betuix November, 1635, and November last, 1636, tua tun of frensch 
wyn and ane pype of spaynis wyne is 10 lib. William Layng deponit 
wpone tua tun and ane punschione of frensche wyne ventit betuix 
November, 1635, and November, 1636. Nicolas Dunbar declairit that 
thair came four tun of frensch wyne to his cellar and tua pyipis of seek 
and that he haid sauld thairof to Margrat Dauidsone in Boghead half 
tun of frensch wyne and that thair is ane pyip of seek vnventit. Elspet 
Annand, spous to Alex r . Vrq d ., deponit vpoun 4 tun of frensch wyn and 
ane pyip of seek. 

December I2th. P. Chalmeris Calsay. Patrik Chalmer, skynner, 
burges of Elgin, becom actit to caus calsaye that peice of the calsaye 
under his avin land lyand on the north syd of the said burghe q r . he 
presentlie duellis and that sufficientlie betuix the dait heirof and the last 
day of Junij nixt wnder the payn of xx lib. 

1637. 

April 3rd. Fischeris of Burghesea. Andrew Steill in Burghesea 
compeirand and being accusit for transporting his fisches to Cathnes, 
Ros or Sutherland and selling these to merchands and thair factors to be 
maid and transportit furth of the cuntrey, the said Andrew denyit the 
samyn and James Douglas, p r . fischall, tuik to prewe the samyn. 



256 RECORDS OF ELGIN. [1637. 

A. Gilzean. Alexander Gilzean, sadler, burges of Elgin, dischairgit 
be the Counsell fra laying onye middingis in the fuird of Tayok betuix 
the dycks in tym cuming wnder the payn of x lib. 

/. Steill, Skipper. The haill fisches of great fisches pertenying to 
John Steill in Burghe sea extending to xi xx . of maid fische qlk he haid 
sauld and coppit to ane wther contrar to the lawis of this realme ar 
confiscat and the Counsell hes wnlawit him only in vi lib. thairfor and 
hes coft the rest of the fisches fra him and gevin him payment therfor at 
12 lib. the hundreth. 

April I /th. M. Winchister Stronoch. Anent the ryott that Marion 
Winchester, spous to Thomas Warrand, merchand burges of Elgin, 
committit aganis Jonet Stronoch, spous to James Sym, in Petgewnie be 
dinging of hir in the said Marioun her awin hous and gewing of hir 
sindrie cuiffis in the schaftis being convenit thairfor and having 
confessit the samyn thairfoir is ordanit be the Counsell to remayn in 
waird within the tolbuith four dayes and four nychtis fra this Mononday 
till Frydaye nixt and thaireftir on the said Frydaye, the 21 of this 
instant, to cum to the sessionc of Elgine and thair to sitt doun on hir 
kneis befor the elderis and crawe pardone of the said Jonat Stronoch and 
hir said spous as als is becum actit that incaice sche fall out in onye 
tyme cuming in onye disordour with onye persones in that caice sche to 
be put in the joggis. Tandem Jo n . Myln, baillie, tak out the said 
Marion Winchester furth of waird for payment to Andro Annand, 
thesaurer, off fywe pundis money for hir releas. 

April 24th. Jo". lanes, Glasinwrycht. In presens of the provest and 
four baillies comperit Jo n . Innes, glasinwrycht, burges of Innernes, and 
becom willinglie actit, bund and oblist that he suld mak na pactione or 
indentour w l . Alex 1 ". Forsyth, glasinwrycht in Elgin, nor onye wther of 
his avin craft and calling q r by the pryces of his wark maye be hychtit or 
keipit vp or the lieges of the cuntrey in onye sort prejudgit and incaice 
of failly to content and paye to the thesaurer of the said burghe the 
sowm of fourtie pundis money. 

May 1st. Act anent entrie to aucktan partis. It is ordanit by the 
counsell that ilk counsellour heireftir that salhappin conqueis or acqueir 
ane or tua auchtan pairtis of land with the pertinentis in that caice thai 
to paye to the thesaurer ten merks for ilk auchtan pairt of land for thair 
entrie thairto. Utheris to pay ad arbitrium dicti consilii. 



1637,] TOWN COUNCIL MINUTES. 257 

June I gth. Act anent louse nolt pasturing throch the feilds of Elgin. 
It is statut and ordanit be the counsell that na inhabitant within this 
burghe nether frie nor wnfrie in na tyme heirefter sail haue pouer to 
haue mair bestiall pasturing wpon the boundis of Elgin eftir the beir 
land beis done except thrie tedderit beasts, ayther kye, oxen or stirks, 
wnder the payn of ten pundis. 

July 24th. S ct . Gelis mercats. It is concludit that the first of 
September nixt salbe St. Gelis ewin and the secund day of the said 
monethe salbe St. Gelis daye nixt. 

July 26th. Traddtris. Memorandum to charge . Collye at the kirk 
of Bellie, George Innes at the Boitt of Fiddich and . Tammisone at the 
boitt of Skeirdurstan for trafficting with salt. 

July 29th. Adam Jimkein Dunbar. Jo n . Adam, Michaell Junkein 
and Alexander Dunbar, chapmen, becom actit that they sail nocht vsurp 
the libertie of ane frie burges in tym cuming or cllis they sail mak 
themselves friemen of this Royall burghe of Elgin wnder the payn of 
ane hundreth pundis. 

August 7th. C. Cumyn. Comperit personally Cristan Cuming, spous 
to Andrew Innes, merchand burges of Elgin, w'. his consent becom actit 
that sche sail nocht in na tym cuming mett anye maill or malt within 
her hous that suld be presentit to the .mercat bot with the tounes 
common measeris and pay the custom thairof wnder the payn of x lib. 
and confiscatione of the maill or malt. 

September i8th. Act anent horses that ar suspectit to haue the 
mortiechein. It is ordanit be the counsell that anye persoun within this 
burghe that salhappin to haue hors or meeris that beis infectit with the 
mortiechein in that caice thai sail hold them within thair hous and not to 
suffer them to pas throch the feilds or toun to meitt w l . wther horses in 
na tym heirefter wnder the payn of x lib. toties quoties. James Fairer, 
smyth in Elgin, and Jean Mitchell thair quha ar suspectit to haue horses 
infectit w'. that disease are ordanit in manner forsaid wnder the payn 
forsaid. 

September 25th. /. Stronoches censur. John Stronoch, fleschiour in 
Elgin, in his avin presence is ordanit to stand in the joggis fra nyn hours 
in the morning this daye q 11 . tuelff hours thairefter bear headit and 
becaus he wes fund in the lyik fault befor he is ordanit to be bannischit 
this toun or ells to pay x lib. and be put in the joggis in case he 
fall again. I i 



2$8 RECORDS OF ELGIN. [1637. 

October lyA.Sanchoriehill. James Myln, maltman, burges of 
Elgin, Patrik Chalmer, skynner, and James Cumyng ilk ane ar fynit in 
1. s. for casting of devattis on the Sanchorie hill sen Michaelmas last and 
ordanit to remayn in ward q u . it be payit. 

Cordomris of Elgin finit for brek of statutis. George Key, cordoner, 
fynit in ten pundis for brecking of the statutis anent selling of schone 
and barkit ledder. Andrew Key, cordoner, fynit in aucht pundis for the 
caus forsaid. Johne Pedder fynit in ten pundis for the caus forsaid. 
James Key, cordoner, declairit being posit upoun his ayth that he had 
sauld na schoone of north cuntrey ledder this tuelfmoneth bygan nor na 
cuntrey barkit ledder during the said space bot that he had cuntrey 
ledder to sell presentlie within his pottis. Patrik Moresoun, cordoner, 
fynit in xxvi s. viii d. for brek of statutis anent the selling of schoone. 
Alexander Innes, cordoner, absoluit be his ayth anent selling of schoone 
and barkis in ledder him self. James Gordoun, cordoner, fynit in fyve 
merkis for brek of the statutis in selling of schoone and as ane regraitter. 
John Harvie absoluit be his ayth anent the brek of statutis. George 
Reidheid absoluit in maner forsaid. James Scott fynit in xl s. for brek 
of statutis. Patrik Pedder and William Wilsone fynit in xxvi s. viii d. 
for brek of statutis. James Pedder absoluit be his ayth as said is. 
Thomas Murray absoluit. Johne Forsyth, cordoner, fynit in xxvis. viiid. 
for brek of statutis. Summa xlvi lib. 33. 46. Alexander Murray absoluit. 
Wm. Petrie, Alex r . Harvie and Andro Donaldsone absentis. 

William Falconer, burges of Elgin, and Margrat Hamiltoun, his 
spous, ar appoyntit to be enterit be the toun to ane auchtan part of 
the grieschip lands of Elgin and auchtan pairt of Barflethills for 
payment to the tounes thesaurer of ten merks for the said auchtan part 
of grieschip lands with 25 merks for the quadroupill of the dewaties 
of the auchtan part of Barflethills and hauch thairof. 

Toun and landward fleschiouris fynit. The qlk daye the persones 
wnderwreitin as the toun of Elgin thair fleschiours ar fynit in the 
particular sowmes of money eftir mentionat ilk ane of them respective 
for thair awin pairtis for breking of the statutis in selling of the fleschis 
deirer nor the statutis of the said burghe to witt Johne Stronoch in Elgin 
fynit four merks, to be payit against Leonard daye, John Thomsone in 
Kaym fynit in four merks. Comptit with landward fleschiours for 
talloun since 1634: John Thomson in Kayme fynit 543., Alexander 



1638.] TOWN COUNCIL MINUTES. 259 

Cuik in Meft fynit 2/s., Thomas Gillimichaell in Whytwray, Androw 
Brabner in Kintray, Alex. Sutherland in Wnthank, William Rob in 
Kirktoun of Duffus quha wes stentit to ane stane talloun zeirlie, John 
Stronach stentit to thrie stane talloun zeirlie, Alexander Watson, John 
McGewan and Thomas Mitchell. 

November 2Oth. Andrew Annand, thesaurer, acceptis William 
Falconer, burges, for ten merkis for his entrie to ane auchtane part 
of land sumtym perteining to Doctor Aparesiis. 

November 27th. D. Dunbar. The Counsel ordanis David Dunbar 
in Garmoche to be summonit be ane literall summonds to mak his 
residence within the burghe of Elgin within fourtie dayes wnder the 
payn of tinsell of his fredome. 



1638. 

January I5th. Act anent the admitting of burgessis gratis. It is 
statut and ordanit that quhasoeuer sail be ressauit and admittit freman 
and burges of this burghe in tym cuming at the requeist and inter- 
cessione of onye nobillman or gentillman or uther quhatsumeuer / albeit 
the counsell of this burghe ressaue tham gratis zit thai salbe oblissit to 
satisfie the thesaurer of the said burghe for thair fredome in sic measur 
as the counsell sail determein als soone as thai becum resident traddismen 
and mak benefeitt of thair burgeschip and this claus to be insert in thair 
burges actis. 

February 26th. J n . Ross Wm. Haye. John Rose of Breadleyis, 
sone to vmq 11 . William Rose of Kilravocks, and William Haye, sumtym 
servitour to Mr. Johne Osthealls, the latter at the desyre of ane nobill 
lord, James, Erie of Murray, ar admittit freemen and conburgessis of this 
burgh gratis but to satisfie the tounes thesaurer als soone as they becum 
resident traddismen and mak benefit of thair burgeschip. 

March I2th. Actis and ordinances anent the setting of hous or land 
to singill persones nocht having laufull traids, etc, [None to be set 
without consent of magistrates under penalty of 20 and the setter] 
to be comptabill for onye wrong and prejudice done to any inhabitant 
by such persons and siclyik that all lait incummeris and sic personis 
men or women ather tak thamselfris to seruice or than remove willinglie 



260 RECORDS OF ELGIN. [1638. 

furth of this burghe again the feist and terme of Witsondaye wnder the 
payn of warding of thair persones and thaireftir of banischeing of them 
furth of this burghe certefeing all such persones that giff thai sustein 
onye preiudice within this burghe in tym cuming thai sail nocht be 
heard to complayne or seik reparatione thairof. 

May 22nd. John Jos, seruitor to James Jos in Siluerfuird, convict 
for the bluid drawing of Thomas Nicoll, myllar in Littlll Innerlochtie, on 
the 21 Maij instant and thairfor fynit in x lib. and in respect of his 
powertie componit to xl. s. 

July 2nd. Actis anent the Moss of Glasgrein. It is statute and 
ordanit that na inhabitant within the burghe of Elgin sail haue powar to 
cast onye peittis within the moss of Glasgrein in onye tyme cuming 
without ane warrand to be grantit to thame in presence of the persones 
of counsell wnder the clerkis handis wnder the payne of xl. s. for ilk 
spaid that salbe fund casting peitts in the said moss attour the said 
warrand and that nane brek grund within the said moss for holling and 
casting of fir except it sail be in the bank whair thay cast thair peittis 
and ilk persone that sail cast peitts in the said moss sail paye xx s. 
Lyikwayes it is statute that ilk counsellour of the burgh sail haue pouer 
to cast peitts in the saidis moss at thair pleisur in tym cuming provyding 
that ilk an of thame exceid nocht fyve spaids zeirlie as also that na 
inhabitant within this burghe (the persones of counsell being exceptit) 
sail haue pouer to cast peitts within the said moss in tym cuming q 11 . 
first they present to Ro l . Gibsone of Linkwods the warrand thai happin 
to purches fra the said counsell befor thai begin to cast and acquant him 
thairwith. Item it is statute that quhatsumeuer persone salbe fund to 
cutt the gaittis passing throch the saidis moss in anye tym heireftir sail 
paye v lib. money toties quoties to the procurator fischall of the said 
burghe to the behowe of the thesaurer thairof. As lyikwayes it is statute 
and ordanit that the said Robert Gibsone sail nocht in na tym heireftir 
mell nor intromet with na tounes menis peittis within the said burgh bye 
the counsell of Elgin thair allowance wnder the payn of v lib. money for 
ilk cairtfull of peitts he sail happin to mell and intromet with. 

July 4th. Wnfriernen. [Twelve persons] wnfriemen citat for keiping 
of oppin buthis. 

July i6th. Act anent the Moss of Mostowye. Comperit James 
Mitchell in Bischopmyln, Peter Cowye thair, James Wod in Shereffmyln 



1638.] TOWN COUNCIL MINUTES. 261 

and Alexander Gordoun in Salterhill, and becom willinglie actit that 
thai sail nocht cast peittis nor hoill fir in na tym heireftir in the moss of 
Mostowye but the speciall licence and attolerance of the provest, baillies 
and counsell of the burghe of Elgin wnder the payn of ten pundis. 

September i/th. Act anent that anye member of the Shereffis Court 
sail nocht bear office in this burrow court. Forsameikell as the burghe of 
Elgin hes guid and wndouttit rycht to all bluidvittis committit within the 
said burghe and upoun thair awin landis and heretages as als hes thair 
awin priviledge and rycht thairto as wtheris burrowis and barroneis of 
the cuntrey hes Thairfor the saidis persones of counsell hes statut and 
ordanit that no member of the Shereffis court sail bear anye office in 
tym cuming in the burrow court of the said burghe or in the counsell. 

October loth. R. Hardie, Commissioner to the General Assemblie. 
Robert Hardie, baillie, is chosin commissionar for this burghe of Elgin 
to pas to Glasgow again the 21 of November nixt to the General! 
Assemblie, and to keip the aucht of the said moneth at Edin r . to meitt 
with the rest of the commissionaris of the borrowes, and to haue for his 
chairges in hand at the begining of his veyage ane hundreth poundis 
moneye and incaice he stay long and neidis mair to haue pouer and 
warand to borrow mair to be repayit to him be thair thesaurer. As also 
is appoyntit be the said counsell to go to the croce of the said burghe 
the tym his Ma/ proclamatione beis proclamit thairat this daye anent 
the laitt covenant and thair to compeir for tham and all wtheris having 
entres to protest. 

October 22nd. Cordoneris, etc., fynit. Androw Key, cordoner, fynit 
in 4 lib. for raising of his pottis nocht adverteising ane baillie and for 
transporting of his ladder and for brecking of the statutis in selling of 
deir schoone. George Key fynit in 3 lib. for transporting of ledder to 
Symmeruiffis fair, Keyth, and for raising of his bark pottis nocht 
adverteising ane baillie. John Pedder fynit in 3 lib. for breking of the 
statutis in selling of ledder and schoone. John Harvie, cordoner, William 
Wilsone, John Forsyth, cordoner, James Pedder, Alexander Harvie, 
James Scott and James Gordoune convict in xx s. for selling of deir 
schoone. James Key [and four others] absent. Landward cordoneris 
absent : Alexander Sutherland in Birney [and four others]. Tounes 
fleschiours fynit in 4 lib. for brek of the statuts : Jo n . Stronach [and two 
others. Also two absent]. 



262 RECORDS OP ELGIN. [1639- 

Tounes talloim. Johne Stronoch, fleschiour, stentit to paye four stane 
talloun betuix Martimes 1638 and Martimes 1639 [and two others. Also 
one absent]. 

November igth. T. Calder fynit. Thomas Calder, merchand burges, 
accusit for tradding with wnfriemenis guidis, callit, compeirit and grantit 
that he reseavit fra Alex r . Andersone in Garmoch tuelf dollors to bye 
woll to him at the last mercat in Bewlie and that he suld have gevin him 
ane dollour for his paynes and that he had wairit the said xij dolloris to 
him wpoun woll : fynit in ten merks thairfor. 

November 26th. Cumyng, Russell, fnnes, anent candill. Comperit 
personalie in presens of the persones of counsell, George Cuming, 
Alexander Russell, elder, and Andro Innes, burgessis of Elgin, of thair 
awin consentis and als all and sindrie the merchandis and inhabitantis of 
the said burghe that sells steppill guids ar dischairgit be the said counsell 
that thai sail nocht sell nor bye talloun of onye beastis that ar slayn or 
cumis in to this burghe to be sauld in na tym cuming bot to thair awin 
vse allanerlie and that thai sail nocht mak ma candill to sell to onye 
persones bot sic as serues thair awin vse allanerlie wnder the payn of 
fourtie pundis ilk persone. 

1639. 

January 2ist. T. Calder Powder. Thomas Calder, merchand 
burges, becom actit to sell na powder to na persones bye the advyis 
of the counsell of Elgin wnder the payn of fourtie pundis. 

Tak of the Pittie custoumes Tak of the victuall mercat. The 
magistrals and counsell set in tak to Robert Dunbar [and three others] 
the customes of this burgh, except the victuall mercat for thrie zeirs for 
220 merkis payabill at Candilmes, Beltan, Lambes and Hallowmes. The 
custom of the victuall mercat set to Alexander Murraye, belman, for 
tuentie four pundis at tua termes in the zeir, Witsondaye and Mertimes. 

February 4th. Ventonaris of wyne. Elspet Annand, spous to Alex 1 ". 
WrqK, declairit that sche ventit betuix Hallowmes, 1637, and Hal- 
lowmes, 1638, four tun of wyne is xvi lib. Nicolas Dunbar 3 tun half 
tun of Frensch vyn with tua pyipis of seek extending to ane tun of 
wyne. Isobell Harde, spous to William Lesley, deponit vpoun tua tun 
of Frensch wyn. Agnes Andersone, spous to James Innes, not 5 , public 5 ., 



1639-] TOWN COUNCIL MINUTES. 263 

receavit fra Mr. William Cowban 3 peice of frensch vyn and fra Robert 
Dunbar, seruitor to Jo n . Dougall, 2 peice of frensch vyn, inde v peice. 
Besse Innes, spous to William Layng, burges, deponit vpoun ane tun 
and ane half tun of frensch vyn. 

February i8th. Jo n . Fraser, dreillm r . John Fraser in Elgin wnder 
tuik to be dreill m r . within the burghe of Elgin to tryne vp the persones 
in dreilling with thair wapones for the space of ane monethe, thrie daycs 
in the weik, at the speciall dayes and tymes appoyntit to that effect and 
he to haue for his paynes xl s. weiklie. 

March 4th. John McGown. It is appoyntit be the persones of 
counsell that John McGown, post, sail haue fra Ro l . Hardie, m r . of the 
hospitall of Messindew, xl. s. again Witsondaye nixt and wther xl. s. 
again Mertimes thaireftir and that in respect of his necessitie to frie him 
of his hous maill for the said zeir. 

May 6th. Mr. Jo". Douglas, Commissionar to the parliament. Mr. 
John Douglas is appoyntit to be commissionar for the burghe of Elgin 
to the parliament to be haldin the 15 of May instant. 

Muscattis, etc. It is appoyntit that theis that hes receavit muscattis, 
staffis, bandaleiris and pickis to be warnit to compeir befoir the counsell 
of Elgin on the 13 of Maij instant and to bring w l . thame that daye 
payment for the samyn according to the roll.* 

June I7th. Oliphant, Lamb, Cormak Offer of victuall. Alexander 
Oliphant and Alexander Lamb in Cathnes enterit within the burghsea 
fourtie bollis beir and maid offer thairof to the toun and thai gaiff 
commission to them to sell the samyn for fyve pundis the boll. Comperit 
Jo n . Cormack in Weik of Cathnes and declairit that he enterit within the 
Cowsea tuentie sevin bollis beir and sewin bollis meall to be sauld and 
maid offer thairof to the toun and thai gaiff him pouer to sell the samyn 
for v lib. the boll. 



* Montrose had placed the Marquis of Huntly and his eldest son under arrest, but Lord 
Aboyne, Huntly's second son, opposed the Covenanters, and made the Covenanters flee at the 
" Trot of Turriff," I4th May, 1639. In his MS. History of Rose of Kilravock, Shaw says that 
on the I4th of May, after the "Trot of Turriff," 4000 met at Elgin under the Earl of Seaforth, 
the Master of Lovat, the Master of Reay, George, brother to the Earl of Sutherland, Sir James 
Sinclair of Murkle, the Laird of Grant, young Kilravock, the Sheriff of Moray, the Laird of 
Innes, the Tutor of Duffus, and others, who encamped at Speyside to keep the Gordons from 
entering Moray, and remained in their encampment until the pacification of Berwick was 
intimated to them about 22nd of June. (From "The Chiefs of Grant.") 



264 RECORDS OF ELGIN. [1639. 

June 24th. James Innes maid offer of victuall. James Innes in 
Lathorne in Cathnes hes brocht in to the burgh sea to be sauld fyiftie 
bollis of beir malt and ait meall and maid offer thairof to the toun, and 
the counsell ordanit the bell to go throch the toun that anye that pleisit 
to bye the samyn for sewin merkis the boll hand money or utherwayis 
giff this pleisit nocht the said James he is ordanit to remove the said 
victuall fra the said port. 

July 2nd. Act anent Sir Rot. Gordoun and the Laird Duffus, tennentis 
to the moss of Mostowie. The counsell of Elgin gewis licence to the 
tennentis of Drany and Newtoun of Drany perteining to Sir Robert 
Gordoun and to the tennentis of Correlwod and Liggat perteining to 
the laird of Duffus to cast and win peittis within the moss of Mostowie 
for this present zeir of God 1639 zeiris allanerlie. 

July 1 5th. Wm. hone maid offer of victuall to the toun. Comperit 
personalie William Isone in Weik of Cathnes and maid offer to the 
counsell of tuentie bollis beir and aucht bollis aitmeall that he had brocht 
in from Cathnes to the Cowsea and the counsell hes sett doun sewin 
merk for ilk boll thairof and the counsell hes ordanit the bell to go 
throch the toun for that pryce quha pleisis to bye for hand money to 
repair to the Cowsea q r . tha wilbe seruit sa lang as it laistis. 

July 2 1 st. Prodamatione of S ct . Gelis mercat for anno i6jp. Nota 
that St. Gelis mercat be proclamit heir on S ct . James daye at Elgin, on 
Laurence daye in Forres, and at Innernes on the first fair in Innernes. 
To be on Friday and Setterday the penult and last dayis of August nixt 
for this zeir and fryday to be the mercat ewin. 

Brig of Mostowye. It is ordanit that Mr. Gawin Douglas of Morres- 
toun and Alexander Russell, thesaurer, sail pas to vew the brokin brig 
of Mostowie and sie quhat chairges will do the turne and to enter 
persones to the wark and to tak vp ane roll of sic persones as duells 
within this burghe that leadis peittis from Mostowie. 

July 29th. Henrie Oswall in Weik of Cathnes wnlawit in ten merkis 
money for breking of bouk of his victuall qlk he brocht in Cowsea from 
Cathnes and maid nocht offer thairof to the toun and the samyn chairgit 
to remayn in waird q 11 . the samyn be payit. 

Mr.J. Douglas, Commissionar for the Parliament. Mr. Johne Douglas, 
appeirand of Morrestoun, is chosin commissionar for the Assemblie to be 
haldin at Edin r . the . day of August nixt. 



Laads ancf Crofts 
of EJyin 



Ward of EJyin 



furm oflHeBJa 
or/ftriier P Linkiuood 




Lands of Langbride 



am) Coxtotvn 



Lands ofJVeikle G/assgreen 




1640.] TOWN COUNCIL MINUTES. 265 

August 2nd. Doull maid offer of victuall. Alexander Doull in Weik 
of Cathnes enterit and gaiff vp fourtie bollis beir aucht bollis meall that 
the said Alexander brocht in to Cowsea fra Weik and maid offer thairof 
to the toun, and the counsell hes set doun fyve pund for ilk boll thairof 
hand money. 

October 28th. Cordoneris forgewin Tonnes fleschiouris. The haill 
cordoneris within this burghe comperit and all fund giltie to have'brokin 
the statutis in selling of deir schoone and selling of deir barkit ledder but 
are forgewin. John Stronoch [and four other fleshers] fynit 405. for 
selling of deir fleschis [two fleshers also fined 4 each]. 

Tarres. Alexander Tarres, skynner, fynit in xxx s. for selling of deir 
schoone in the mercat and wairdit till the samyn be payit. 

Murdoch Watsone. Thomas Murdoch, sone to Patrik Murdoch, 
and George Watson, tailzour, becom actit to tak thair friedome betuix 
this and Witsondaye nixt or ellis sail serue maisteris or wtherwayes 
remove tham selffis furth of this toun. 



1640. 

Robert Gibson of Linkwoodis Supplicatione. Unto your Wisdomes, 
My L. provest, Baillies and remnant of the Counsall of the Burghe of 
Elgin, I, Robert Gibsone of Linkwoods, humblie shewes That it is not 
vnknowne to all the great preiudice and skaithe I have susteined this 
long tyme bygone and am most lyke to susteine more (if remead be not 
tymlie had for preventing of future danger) by the violence first of the 
Water of Lossie by takeing away a great parte of my lands of Hervies- 
hauche and now of late by the Improvidence of Mr. Johne Gordone, your 
late minister, in casting downe the face of the bank all that land is most 
like to perishe by the violence of winds blowing sand theiron And 
because I intend God willing to doe my indeavour to preserue so much 
theirof as I can without preiudice to any seing there is ane high way 
now throughe that land to your burghe the passage whereof is most 
preiudiciall to me without benefite to you which may be changed to als 
commodious a place for all passingers (as ye all will perceive after due 
tryall) without any losse to you and to my weill I trust you will 
condescend thairto as ane charitable work that it may be so which out 

K I 



266 RECORDS OF ELGIN. [1640. 

of a Christiane duetie I wishe you may take to heart. Herefore I 
beseeche your wisdomes to tak this mater to your consideratione tymelie 
seing the seasone requires a speedie remeadie to be vsed for preventing 
of further losse and your L. answer. 

March 2nd. The counsell resolues to sycht the bounds on Wedins- 
daye nixt, the 4 of this instant, immediatlie eftir the morning prayeris 
and thaireftir to giff thair ansuer. 

March pth. The counsell grants the petitione upon'provisione that 
incaice this new gaitt be incommodious in anye tym heirefter ather be 
the watter of Lossie or be sand or wtherwayes than and in that caice it 
salbe lesum to the inhabitantis of this burghe and all his Ma / lieges to 
haue recours to the present and wountit gaitt or to ane wther gaitt als 
commodious throch the said landis of Harvishauch and that ane act be 
maid heirunder actit in the counsell buikis of Elgin to be sub 1 , be the 
said Robert befor anye alteratione. 

April 2Oth. /. Innes pinsell. James Innes, skynner, receavit fra 
William Innes, skynner, the skynneris old pinsell sumq 1 . hollit and rent 
and hes be[com] comptabill for the samyn to the craftis. 

May 1 8th. John Adam anent tnnwris. John Adam, merchand, in 
his awin presens is ordanit be the counsell to stand in waird q 11 . he paye 
to Andro Annand, thesaurer, thrie dolloris to be gevin to the puir and 
that for interchangeing of dolloris with ane Aberdeins merchand in 
gcving to him thrie dolloris in siluer and receaving back fra him sex 
dolloris in turnoris for the samyn and is ordanit nocht to do the lyik. 

June 29th. Nota. Androw Annand gaiffto the tuelffsouldiers thair 
weiks vaiges and he tuik allowance of sex of thame for 3 lib. for sex new 
suord beltis. [They were paid 42/- each per week.] 

Names of theis that wndertakis to be souldieris for the burghe of 
Elgin as followis : 

Muscattis. 

James Chalmer, zo r ., Coddie, furnissit be himself in armour. 

Alexander Alves receavit James Keyis muscatt with bandoleir con- 
teining 10 measuris and ane purs, hes a suord of his avin. 

Beltis. Androw Forbes receavit Jonet Grantis / m / v l . bandileir 
w 1 . 12 measeris i purs and staff, hes a suord of his awin, recavit ane 
new belt. 



1640.] TOWN COUNCIL MINUTES. 267 

Beltis, Jo". Robertsone receavit Alex r , Tarres / m / w l . full bandileir 
staff and receavit ane new belt w'. ane suord coft fra Jaspar Haye. 

Walter Gregour receavit James Douglas his / m / w l . full bandilier 
and purs \v*. ane suord fra Jo n . Chalmer at 8 merkis. 

James Adie receavit the provest, Mr. Jo n . Haye, his / m / with full 
bandileir, hes ane suord of his awin. 

Belt. Robert Gregour hes receavit ane / m / ql k . pertenit to Jo n . 
Myln w'. ane bandileir contening xi measers ane purs and receavit ane 
suord fra Andro Annand, receavit ane new belt. 

Belt. Thomas Dunbar receavit ane / m / qlk pertenit to Thomas 
Murdoch w l . ane suord pertenying to John Milne, receavit ane new belt 
w'. ane staff and full bandileir fra the said Thomas Murdoch. 

Pickmen. 

Belt. Thomas Imloch i pick and suord of his awin, receavit ane belt. 

Alex r . Zoung i pick and suord of his awin. 

Belt. James Murraye i pick tayn fra Andro Annand ane belt and 
receavit ane suord pertening to James Findlay. 

Nota. Jo n . Dow past with Monro insted of James Findlay and he 
receavit I pick. 

June 1st. Waponeschawing i$th Junij. The counsell appoyntis the 
15 instant to be ane waponschawing and all men to be in thair best 
array in armour and that on Thursdaye, the 4 instant, the samyn to be 
proclamit be touk of drum. 

June 22nd. Key Mylne. The Counsell ordanis Thomas Myln, 
seruitor to George Key, burges, to serue his Mr. forsaid qll Mertimes 
nixt dewtifullie and for ilk tyme that he salhappin to be absent fra his 
seruice and dois nocht his dewate to his said Mr. and for ilk tyme he 
beis fundin drunckin during his seruice forsaid to paye v lib. and to be 
punischit conform to the discretione of the magistrattis attour the said 
pfihaltie. 

July 1 3th. It is condiscendit that Mr. Jo n . Haye, provest, or Mr. 
Jo n . Douglas, baillie, sail go to the Generall Assemblie haldin at 
Aberdeen the last Tysdaye in July instant. 

Mostowie. It is condiscendit that civill interruptione salbe maid to 
ane dyck or stank that is casting on the bounds of Mostowie betuix that 
and my lord of Murrayis boundis qlk is cassin be my Lord of Murrayis 



268 RECORDS OF ELGIN. [1640. 

tenentis of Whytfeild and thaireftir the samyn to be cassin doun and 
demolischit. 

August 2Oth. A. Andersone convict in 10 lib. Alexander Andersone, 
maissoun, grantit his oversycht done to Robert Hardie and James 
Douglas, baillies. He is ordanit to paye to the thesaurer x lib. of fyne 
and is declairit to haue tint his fredome and burgeschip of this burghe 
and to remayn in waird qll the said x lib. be payit. 

September 28th. Cordoneris fynit. Andrew Key and John Pedder, 
cordoneris, ar fynit in 8 lib. and James Scott in 5 lib. for contravening 
the statutis in selling of schoone, barkit ledder and keiping of thair 
schoone within thair buithis and nocht bringing of thame to the 
Setterdayes mercat. 

October 26th. The baillies war ordanit to delyuer to Andro Annand, 
thesaurer, sic sowmes of money as thai haue receavit of the tent moneye 
to be gewin to the peopill that hes most neid that receavit my Lord 
Sinclaris soiours in quartering. 

November 9th. It is condescendit be the haill persones of counsel 
that thair be ane act drawn vp to be sub 1 , be thaim that in respect that 
the consistorie is to sitt in the tolbuith that na persone ather perseuar or 
defender that compeiris to plead sail nocht be wairdit nor arreistit that 
daye bot sufferit to go frelie out of the said burghe. 

November 3Oth. It is appoyntit that Thursdayc nixt the magistrattis 
to go throch the toun and weycht the siluer work within the toun. 

December 3rd. It is appoyntit that the counsell sail meitt on 
Monondaye nixt for reveising of the rollis of the rent of the tent pennies 
and making ansuer to the Commissionaris deputtis in wreit. 

Anent gilderis. It is appoyntit be the counsell that the greattest 
number of the honest men and judicious of this burghe salbe warnit to 
compeir the sevint of this instant to giff thair advyis anent the ordour to 
be takin anent the toun of Elgines pairt of the sowme of ane hundreth 
and fyiftie thowsand gylderis. 

December I4th. Tonnes comptis. It is appoyntit that the tounes 
comptis salbegin on the 25 of December instant at fyve houris in the 
morning and the rollis of the commoun guid to be drawin vp and the 
persones having entres to be warnit to that effect. 

Ro 1 . Wmfray. Robert Wmfray, smyth in Elgin, becom actit to hold 
vp the knok of Elgin in irone wark for the space of sewin zeiris vpoun 



1641.] TOWN COUNCIL MINUTES. 269 

his awin expensis, he getting doun his stallinger maillis zeirlie during the 
said spaice qlk the counsell hes aggreit to. 



1641. 

January 4th. Mercat croce head. The Counsell hes appoyntit the 
head of the mercat croce of Elgin to be taikin doun be tham selffis or 
be thair directione and be no wther. 

A. Low. Androw Low in Forgie syid within the parochin of Keyth 
is wnlawit in the sowme of four pundis for traidding with barkit ledder 
as ane frieman and for vsurping of the traid of ane frieman. 

March 29th./. Malice. James Malice to gett his friedome and to 
paye 20 lib. in hand to the thesaurer, the rest of the pryce of his friedome 
gevin doun to him inrespect he haid mareit ane burges dochter, and that 
sche wes ane of tua heretrices of her father land. 

May i/th. Malice. Robert Malice wnlawit in tuentie merkis for 
sum evill speitches gevin be him to Robert Strawchin, merchand burges, 
being convict be ane inqueist, and incaice the said Robert Malice be fund 
to speik onye injurious speitches aganis the said Robert Strawchn heir- 
efter, or aganis onye wther quha hes bein upoun his inquest and assyse, 
he to pay fourtie pundis and to lois his friedome. 

Viccarage set to R. Dunbar. The counsell in respect of the death of 
the bestiall this zeir hes grantit to Robert Dunbar, officiar, the viccarage 
of the peroche of Elgin for this zeir 1641 for 200 merks. 

June 7th. Gillanderis. William Gillanderis [and two others] ordanit 
to pay 135. 4d. ilk ane, and to set cautione for making of thair repentance 
within the kirk at the pillar for nycht waiking and drinking on the nycht 
and for going to the Old Mylnes on the 2 Junij instant wnder silence of 
nycht and brasching at Margrat Duncanis dur. 

Powder. Nota. To tak ordour w l . the powder in Andro Annands 
handis. Item to tak compt anent the Jedward stawes in his hand. 

June I4th. Gilderis. It is ordanit that the band concerning the 
gilderis be drawih vp togidder with the band for the tounes relciff. 

R. Hardie. Item that Robert Hardie, baillie, go to Forres on 
Wedinsdaye the 16 of this instant to the Committie of Forres and to 



2/0 RECORDS OF ELGIN. [1641. 

present the band to tham for the toun of Elgines releiff anent the 
gilderis, etc. 

Merches. It is ordanit that the merches of the toun of Elgin salbe 
riddin on the 12 of Julij nixt and the toun to be adverteist to that effect. 

Powder. Item that the powder be putt within the kirk steipill in ane 
kist and closit within the littill wolt. 

Nota. To speik Bessie Inglis anent hir wmq 11 . husbands halbert. 

June 2ist. Suspensione Garmoche. It is appoyntit that the doubill 
of the suspensione raisit at the instance of the toun of Garmoche aganis 
Elgin be extractit fra Jo n . Nicolsone, and send north be Robert Hardie, 
commissionar. 

Item that Robert Hardie quhen he gois to Edin r . provyd ane drum 
for the toun of Elgin. 

July 5th. Anent the entrie of ane outlandische air to ane burges. 
The Counsell taking to thair considderatione the great burdingis and 
weychtie effeiris everie daye occuring wherthrow the commoun guid is 
exhaustit, and also that the ordinar compositione of burgessis now far 
aboue that qlk thai war in vse to paye of old hawe thairfor statut and 
ordanit that the composition and entrie of ewerie outlandis air to onye 
burges thair wherby he may reap the benefit of onye commoun landis 
of Elgin salbe ane hundreth merks money and mair according to the 
worth of the benefeit that he sail receawe thairby, and ordanis this claus 
to be insert within all the few chartouris of the few landis of the said 
burghe so that for the fourtie pundis insert within the said chartouris of 
old the hundreth merks to be insert thairin in all tym cuming. 

July 5th. G. Imloclie. George Imloche, wrycht, becom actit that he 
sail nocht cast peittis nor turves within the marches of catt tayllis. 

July i Qth. Band anent the gilderis. The Counsell hes condescendit 
that quhat persone of the burgessis of this burghe that are contenit in 
the Band grantit to James Murraye for the gilderis that refuises to 
subscryve the said band and go on with the counsell theranent in that 
caice he that refuises to subscryve the samyn to be instantlie wardit q 11 . 
he paye his pairt of the said band at leist q 11 . he subscryve and go on 
with the rest. 

Sc/teararis in harvest. It is appoyntit that the orficeris sail go throch 
the toun and tak wp ane not of the seruand men and wemen that schearis 
in harvest and present it to the baillies on Wedinsday nixt the 21 instant 
immediatlie eftar the morning prayeris. 



1641.] TOWN COUNCIL MINUTES. 

September 2/th. G. Smyth. George Smyth, burges of Elgin, 
wnlawit in 4 lib. for couping of talloun and selling of the samyn furth 
of the toun and is becum actit that he sail not sell talloun in tyme 
cuming furth of the toun wnder the payne of x lib. 

October 4th. The cordoneris and fleschouris ordanit to be warnit to 
the court aganis Thursdaye nixt for brek of statutis the 7 instant and to 
be fynit on Frydaye thaireftir eftir the sessione. Item the statutis to be 
reveisit on Frydaye nixt the 8 instant and to be proclamit on Setterdayc 
thaireftir. Item the magistrattis of the toun to revise the stoupis and 
stabilleris measures on the 1 1 October instant. 

October 9th. Tonne wreittis. Nota. The sex peice of the tounes 
wreitts qlk Andro Baxter brocht from the south (anent thair excmptione 
and to be frie fra compeirance wpon assyise) delyverit back to Nicolas 
Dunbar to be put in the cadgett. 

October i8th. Act anent the taking furth of waird of persones 
convict. It is appoyntit that quhatsumeuir persone that salbe convenit 
befor the provost and baillies of this burgh for bluid blae or anye wther 
ryott committit be tham and in caice they be convict thairfor and fynit 
in that caice they nocht to be releasit furth of waird furth of the tolbuith 
q 11 . the fyne be payit and quhatsumeuir persone of the counsell that 
takkis tham furth of waird salbe comptabill to the thesaurer for the said 
fyne thai salbe wnlawit in. 

November 1st. Tonnes cordoneris fynit. Cordoneris [16] fynit for 
selling of deir schoone [203. to 403. ilk ane]. 

November 8th. Fleschouris. Thomas Gillimichaell, fleschour [and 
8 others] fynit in 2 to 4 merks ilk ane. 

December 6th. G. Gordoun Wm. Weir. George Gordoun in 
Strathbogie fynit in tuentie pundis for trafficting and vsurping the 
libertie of ane frieman as ane non-resident burges incaice he mak not 
himself burges again Witsondaye. William Weir in Carnefeild in Enzie 
becom actit to mak himself burges of sum frie burghe and mak his 
residence thair and to report his burges bill heir betuix this and Fastinges 
evin ellis sail leawe traiding or ellis sail mak him self freman of this 
burgh again the said terme wnder the payn of fourtie pundis. 

December I3th. Junckein, fieschour /. Myln, burges. David 
Junckein in Finfane, fleschour, ordanit to be warnit to this daye aucht 
dayes for selling of his hyids and skynnis befor hand and nocht bringing 



272 RECORDS OF ELGIN. [1642. 

tham to the mercat. James Myln, merchand in Elgin, becom actit to 
paye to the tounes thesaurer for his friedome fyiftie merkis money at the 
termes following to witt ten merks in hand at his admissione &c. 



1642. 

January 3rd. The ventenaris of wyne to be warnit to Thursdaye 
nixt eftir the prayeris in the morning, viz., Elspet Annand, Issobell 
Hardie, Agnes Anderson, Bessie Innes and Girsell Mawer. 

R. Dnnbar. Robert Dunbar, merchand burges of Eigin (for the 
offence done be him judicialie to James Douglas, and William Falconer, 
baillie, being sittand in judgement be his wordis quhilk wes qualefeit) is 
ordanit to tyne his friedome and his buith dur to be arreistit for his fault. 

January i/th. Wm. Warden. William Warden in Elgin is fund to 
haue tint his friedome and is ordanit to sitt tua houris in the stokis on 
ane Setterdaye befor tuelf houris and that for the wrong done be him to 
Robert Dunbar, officiar, in executing of his office. 

January 3ist. R. Dunbar restoirit to his friedome. The Counsell 
hes restoirit Robert Dunbar, merchand, to his friedome and burgeschip 
in integrum etc. with all the frie liberties of his burgeschip als frielie in 
all respectis as he wes and had the samyn befor the samyn wes tayn fra 
him. 

Robertsone. William Robertsone, litster, is ordanit to stand in waird 
fourtie aucht houris or ellis to paye fyve pundis and als to cum on 
Wedinsdaye nixt in presens of the Court and acknowledge his offence 
and ouersight in nocht cuming to the baillie when he send the officer for 
him as als is actit that he sail nocht recept William Torrie, soiour, within 
his hous in tyme cuming wnder the payn of xx lib. as als it is appoyntit 
that quhatsumeuir magistratt salbe aduerteist quhair the said William 
Torrie salbe fund within the burrow ruidis of Elgin in that caice the said 
magistrat to pas and apprehend him and delyver him to Capitan Gordoun. 

February 2ist Innernes men Wecht hous. The counsell are con- 
tentit that the Innernes men at this present mercat of Fastinges evin 
sail have the vse of ane of the laich woltis wnder the tolbuithe for 
weying of thair woll and to haue the vse of the weychtis for paying for. 



1642.] TOWN COUNCIL MINUTES. 273 

March 28th. Lyning of Croftis. Thursdaye the last of March 
instant is appoyntit for lyning of the croftis of Elgin bewest the moss 
wynd and the lynsteris of the toun with the provest and thrie bailllies to 
be present that daye with the clerk be nyn houris. 

April nth. Tak of the GUIS cruik sett to Wm. Torrie, yr. Guis 
cruik sett to William Torrie yr. for fyve zeirs with the buttis aboue the 
brig thairof pertenying thairto for zeirlie payment of aucht merks sex s. 
viii d. 

Officiaris and thair garmentis. The Counsel! hes appoyntit the four 
officeris to be furnissit be Andro Annand, thesaurer, of ane syid taillit 
cott to ilk an of tham with ane pair of breikis and ane pair of schankis 
of blew grayis at 243. the elne at the maist and thai ar becom actit to 
wair thair halbertis wpoun the calsaye. 

May 23rd. Lesley. The Counsell hes condiscendit to giff to Patrik 
Lesley, sone to Stewin Lesley in Elgin, x lib. and that with this conditione 
that he be satlit and contractit with ane Mr. and he to be his prenteis 
and to serue the said Mr. ane half zeir befor the first termes payment 
that it may be wnderstuid quhow the Mr. and prenteis accordis. 

May 3Oth. S r . Robert Gordoun his attollerance in the mos of 
Mostowie for ane zeir. The Counsell gewis licence to Sir Robert 
Gordoun and his tennents benorth the loch to cast fewall within the 
bounds of Mostowie for ane zeir allenarly. 

June 6th. Mitchell and Watson convict in xl s. Thomas Mitchell 
and Alexander Watsone, fleschouris in Elgin, in thair avin presence ar 
convict in xl s. pro rata for oversycht done to Mr. Jo". Haye, provest, in 
selling of ane forder leg of beiff to ane wther eftir he haid coft the 
samyn as als ar ordanit to set cautione that thai sail enter thair persones 
in waird on Thursdaye nixt the 9 of this instant at sevin houris in the 
morning and waird till Frydaye thairefter till ten houris befor noone. 

June 1 3th. Stent to be laid on the toun of Elgin. The haill counsell 
resolues that thair salbe ane stent for 400 merks laid on the burgesses 
and inhabitantis of this burghe for defraying of thair commissaris 
chairges in going to the parliament, assemblie and conventione of 
borrowis and wtheris thair debtis tayn on be tham in the publict. 

Patrick Chalmer Act anent reset of strangeris. Patrik Chalmer 
convict in xx libs, for contravening the act maid in Marche, 1638, in 
setting of housses to strangeris. 

L I 



274 RECORDS OF ELGIN. [1642. 

July i^.Merchandis anent thair weychtis. The Counsell ordains 
that the haill merchandis and traddismen with stapil wairs ar ordanit to 
be warnit to compeir befor tham on Frydaye nixt, the 22 of July, 
immediatlie eftir the sessione to the effect that intimatione maye be maid 
that thai sell thair waires with trone wecht. 

A. Stalker. The Counsell ordanit Andro Annand to giff out of the 
puir folkis money tua croce dollouris being v lib. 6s. 8d. to Andro 
Stalker, goldsmyth, to help him in his necessitie being depauperat. 

July I9th. Act anent Jo". McGown, zo r . John McGown, yr., of his 
awin fric motiwe will becom actit to remove him self furth of this 
paroche and nawayes to returne again thairto in onye tym cuming 
without licence and permissione of the magistrattis of this burghe for the 
tyme wpoun sycht of ane sufficient testimoniall of his reformatione and 
amendment of lyiff and iff he happin to do wtherwayes he wes content 
to tak vpoun him all the crymes and faultis for the quhilkis he hes bein 
censurit and punischit be tham in onye tyme bygan be wairding of his 
persone and putting of him in irnes, stockis and joggis sic as continewall 
breking of the Sabboth in ryotting, drinking, cursing, swearing and 
swaggering and in preissing to force women, in frequent bluid drawingis 
and monye wther outraiges and crymes lyik as he in this caice wes 
contentit to be hangit but dome or law. 

Ita est Nicolaus Dunbar notarius publicus de mandato dicti Joannis 
McGown scribere nescientis ut asseruit, etc.* 

October 3ist. Murdoch Chalmer. Thomas Murdoche, skynner, 
confessit that Patrik Chalmer and he wer conpertineris of tua packis 
of woll and that with the said Patrik his consent thai haid sauld the 
said tua packis to Andro Innes, sone to Jo n . Innes in Garmoch, and that 
thair wes threttie stan in ilk pack at tuentie pund weycht for ilk stane. 

Frydaye nixt, the fourt of Nov., is appoyntit for trying of the stoupis 
and cogis. 

* A Commission, appointed by Charles I. in the Scottish Parliament, i6th November, 1641, 
and including James Grant of Frenchie, James, Earl of Murray, and Sir Robert Innes of that 
ilk, sat at Elgin from loth to I2th August, 1642. These, with the Marquis of Huntly and 
others, were present. The chief object of the Commission was to deal with the Clan Gregor, 
John Du Gar (one of the Macgregor leaders), and other " Hieland lymmaris" and their 
receivers. The receivers alone could be got hold of, and they were severely fined and punished, 
although they pleaded that they durst not refuse the robbers meat and drink for fear of their 
lives and property. (See Spalding's " Trubles," II., 176). (From the " Chiefs of Grant.") 



1642.] TOWN COUNCIL MINUTES. 27$ 

November 3rd. A. Culback fynit in 2os. G. Smyth Burnet 
J. Coban. Alexander Culback warnit to this daye to have bein tryit 
anent talloun callit, nocht compeirand, the counsell fynes him in xxs. 
for his nocht compeirance and ordanit to be poyndit or wairdit thairfor. 
George Smyth comperit and being preiwit for nocht making of plack 
candill for the vse of the kingis lieges he hes oblist him self to mak 
sufficient plak candill and wther candillis conform to the statutis. 
Margrat Burnet becom actit in maner conform to George Smyth. 
Jo". Coban becom actit for Jonet Key, his spous. 

November 7th. -Fir 5 , and peckis Draff. Tuysdaye eftir tuelf houris 
nixt the 8 of November instant is appointit to trye the north syd of the 
toun for the stoupis, etc. Weddinsdaye nixt is appoyntit for trying of 
the draff that gois furth of the toun. Item that ane sufficient peck of 
tymmer be maid for the draff. 

November I4th. Chalmer and Mnrdoclie fynll in 20 merkis. Patrik 
Chalmer and Thomas Murdoch, skynneris, ilk ane of tham fynit in ten 
merkis money and that for selling of tua packis of woll in great to 
Andro Innes in Garmoche and ordanit to remayne in waird q 11 . the 
samyn be payit. 

Alex 1 '. Russell to be admittit burges. Alexander Russell, sone naturall 
to William Russell in Pettindreich, with the haill consent of the personcs 
of counsell, is ordanit to be admittit ane frieman and conburges of this 
burghe and to receawe his fredome on Wedinsdaye nixt the 16 of this 
instant and to giff his ayth that daye and for onye satisfactione he suld 
mak thairanent the provest, Mr. John Hay, hes tayne him in his awin 
hand as his burges betuix Michaelmes last and Michaelmes nixt. 

W. Russell to be admittit burges. The said William Russell in 
Pettindreich is ordanit be the counsell to receawe his friedome and to be 
ane burges of the said burghe with this conditione that incaice he wse 
onye merchand traid except in bying of victuall in that caice he mak 
his residence with the said burghe or ellis to tyne his friedome and to 
that effect to compeir on Wedinsdaye nixt to giff his burges ayth as 
wse is. 

November 22nd. Innes and Wilson. Robert Innes and James 
Wilsone, skynners, to receawe thair friedome and burgeschip on payment 
of fyiftie merkis ilk ane of tham. 



276 RECORDS OF ELGIN. [1643. 



1643. 

January Qth. A. Russell and A. Troup,friemen. Alexander Russell, 
chaipman, and Alexander Troup, naturall sone to Wm. Troup, portioncr 
of Cruikmuir, admittit friemen on payment of 50 merks. 

February 6th. Compt betuix the Counsell and Mr. John Douglas 
thair commissioner. Anent the compt gewin in be Mr. John Douglas 
anent the expensis and dayis allowance in going South and thair 
remayning and cuming home beginnand on the 20 day of November, 
anno 1641, to the 28 day of March 1642 zeiris, being aucht scoir dayis at 
403. ilk daye is 320 pundis, and for his debursmentis debursit be him 
anent the passing of the toun of Elgines patronage of the kirk of Elgin, 
and thair is fund restand to him and all the moneyes he receawit befor 
allowit the sowme of 123 pundis 6s. 8d. qlk the Counsell ordanit the 
thesaurer to paye him. 

April 3rd. Clialmer. John Chalmer alias bull is fynit in 4 lib. for 
earing out upoun the south syd of the Gallowhill gaitt and to bring to 
that boundis four stanes of 3 fitt of lenth ilk ane upoun his avin expensis 
and arreistit in waird quhill the samyn be done. 

April 24th. Act anent the intaiking of lands. It is statut and ordanit 
that na proprietar, possessour nor labourar of the grieschip landis of 
Elgin, croftis or wther commoun landis of the said burghe presum nor 
tak vpoun hand to tak in anye of thair nychtbouris landis nor incrotche 
vpoun their possessione wnder the payn of ten pundis by and attour the 
reparatione of the wrong and assythment to the partie at the counsellis 
pleasur als oft and quhow oft as thai salbe fund to contravein. 

May 1 5th. Ryn of Lassie. The couusell appoyntis theis that castis 
the ryn of Lossie [at the Palmer fuird] to haue for ilk ruid thairof that 
thai cast 263. 8d. 

June 6th. Waponeschawing. The third day of Julij nixt being 
Monondaye is appoynted for ane waponeschawing for the burghe of 
Elgin. 

June iQth. Tymmer brig of Lossie. Thomas Grant, wrycht, Jo". 
Nawchtie, myllar, and James Wood in Shereffmyln, ar ordanit to be 
spoken anent the building of the tymmer brig to be put on Lossie at the 
Palmer fuird. 




H,!*** 00 * 




$ 



<f 



I643-] TOWN COUNCIL MINUTES. 277 

Dunbar. Robert Dunbar, merchand burges of Elgin, fynit in 4 lib. 
33. 4d. for geving of victuall for draff to Helen Cuming, and the samyn 
to be payit to Andro Annand, thesaurer, or ellis the said Andro to get 
allowance at his hands for sic as the toun wes auchtan him anent the 
laird of Grantis cannonis. 

July 3rd. Act anent the baxteris of Elgin. Thomas Murdoche, 
skynner, becom actit as cautioner for Patrik Murdoche, baxter, his 
father, as also Andrew Key, cordoner, becom actit for James Key, 
baxter, John Hariewood, Agnes Grant and . M c Gown, baxter, that thai 
and ilk ane of tham sail baik sufficient quhyt bread, aitt bread and sour 
bread within thair baik housis in tym cuming wnder the payne of v lib. 

July loth. Mostowie. The Counsell ordane ane of the Counsell 
with tua of the officiaris with William Thome, notar, to pas to that part 
of the boundis of Mostowie narrest adiacent to Aulddrochtie quhair 
thair is certan peittis and turvis cassin be James Stewartis cottaris and 
thair to mak civill interruptione thairto as also to caus ane shereffis 
officiar arreist the saidis peittis and turvis at the counsellis instance. 

July I3th. D. Watt fynit in 8 lib. David Watt in Innernes is 
fynit in aucht pundis money and that for selling and copping of woll 
within this burghe aff of ane publict mercat daye. 

July 24th. G. Abernethie maid offer of victuall. George Abernethie 
in Weik of Cathnes maid ane offer to the toun of xx bollis meall and 
xx bollis beir for xi merkis the boll of hand money. 

July 3ist. G. Abernethie in Cathnes. The magistrates and counsel! 
being informit that George Abernethie had sauld -the said victuall to 
Alexander Innes in Old Mylnes for ten merkis the boll the samyn to be 
tayn notice of and he censurit thairfor at his first cuming to the toun 
and cuntrey. 

August 7th. Huikis in harvest scheiring on the landis haldin of the 
toun. It was ordanit that the lands of Mostowie, Divelligrcin, Glasgrein 
and Barflethills and possessoris thairof sail injoye the lyik libertie of 
feing of huiks in harvest as the inhabitants of this burghe hes. 

August 28th. Nota. This old decreit and letteris to be put in the 
cagett and the new letteris to lye in the clerkis handis, Mr. John Douglas, 
commissionar for the toun of Elgin, hes delyuerit in counsell the tounes 
wreittis delyverit to him viz. the old decreet obtenit befor the lordis of 
Sessione aganis the shereff of Murray anent the dischairgeing of him to 



278 RECORDS OF ELGIN. [ l6 43- 

vsurp wnlawis jurisdictione wpoun the said burghe with letteris of 
horning thairupone with letteris for lowsing of arreistment of guidis 
belonging to the inhabitantis of the said burghe. Item the said Mr. 
John delyverit bayth the saidis letteris renewit in king Charles name 
togidder with generall letteris aganis wnfrie traddismen with the tua 
equies with the exemptione and theis to be put in the caggett. 

The tuentie fyift day of September, 1643, convenit in counsell Mr. 
John Hay, provest, Alexander Lesly, James Douglas, Mr. John Douglas 
and George Cuming, baillies, Mr. Gavin Douglas, Robert Hardie, 
William Falconer, Mr. James Annand, Andrew Annand, Jo n . Myln, 
Thomas Calder, Wm. Layng, Wm. Robertsone, Alex r . Russell, and 
Nicolas Dunbar, persones of Counsell. 

Elcctione of Magistrattis to bear office betuix Michaelmes 1643 and 
Michaelmes 1644.. The qlk daye the saidis persones of counsell having 
convenit within the inner tolbuith of the said burghe as the ordinar 
counsell hous anent the electing and chuising of the magistrate's within 
the said burghe for this zeir incoming betuix Michaelmes 1643 and 
Michaelmes 1644 to bear office within the said burghe during the said 
space. The heall old counsell chuisit the new counsell. The haill old 
counsell continewit for this zeir incuming to be councellouris. 

Provest. Lytes for the provcstre : Mr. Johne Hay and Mr. Gavin 
Douglas. The Counsell hes chosin Mr. Gavine Douglas to be provest 
for this zeir incuming. 

Baillies. Lytes of baillies : Alexander Lesly, James Douglas, Mr. 
John Douglas and George Cuming removit, and with them Robert 
Hardie, William Falconer and Nicolas Dunbar. The Counsell hes 
releasit Mr. Jo n . Douglas, James Douglas and George Cuming, and hes 
continewit Alex r . Lesly and hes chosin and putt in the rowmes of the 
saids Mr. Jo n . Douglas, James Douglas and George Cuming the saids 
Nicolas Dunbar, Robert Hardie and William Falconer to be the four 
baillies for this zeir incuming. 

Thesaurer. Lytes of thesaurer : Andrew Annand, George Cuming 
and Thomas Calder. The Counsell hes changit Andrew Annand for 
this zeir and hes put in his rowme the said Thomas Calder to be 
thesaurer for this zeir incuming. 

Clerk. James Douglas chosin clerk for this zeir incuming. 



1643-] TOWN COUNCIL MINUTES. 279 

Dean of Gild. The haill counsell chuisit the said George Cuming to 
be dean of gild for this zeir incuming quha hes gevin his ayth etc. 

The qlk daye the haill counsell all in ane voice respecting ane petitione 
gevin in be the merchands of this burghe to them have statut and ordanit 
that there salbe ane dean of gild and to have als great priviledge as anye 
burghe of this kingdome and ane discreit man to be chosin be the said 
counsell of Elgin zeirlie to bear that office and for this present zeir also 
and the said dean of gild to do be the counsell of Elgines advyis aganis 
ther nychtbouris and resolutione to be haid from vtheris burrowis. 

Fiscallis. Mr. James Annand and William Layng continewit fischalls 
for this zeir incuming. 

Officeris. The haill old four officeris continewit for this zeir incuming. 

Removing of Counsellouris. It is concludit be the Counsell that in 
caice onye of the counsellouris salhappin to be removit off of the 
counsell zeirlie in onye zeir that ther salbe tua at leist removit q n ever 
thai be removit. 

Anent bearing office for thrie zeiris Anent the cliuising of sum of the 
members of court. It is statut and ordanit be the haill persones of 
counsell that neither provest nor baillie sail bear office within this burghe 
na longer nor thrie zeiris togidder successive, and that the clerk, dean of 
gild, and the rest of the memberis of court to be chosin zeirlie ad arbi- 
trium consilii of this burghe. 

October 2nd. John Hardie hes payit to Andrew Annand, thesaurcr, 
for his entrie to the auchten partis of landis tuentie aucht s. 4d. 

October Qth. David Mailling, zounger, gunsmith in Elgin, became 
acted iudiciallie nocht to remove furthe of this burgh to remayne therfra 
but the magistratis licence haid and obtained thairto wnder the payne of 
fourtie pundis money to be payit be him to ther thesaurer in ther name. 

October 24th. Alexander Murray, belman, began to find aucht 4d. 
candle nightlie to the kirk. 

October 27th. Alexander McKenzie, servitor to James Gibson of 
Muldarie, receavit as comburges and fremen gratis. 

November 6th. Comperit William Tarres, skynner, quha being 
accusit for bying of tallone within the toune and selling the samyn 
furthe thairof confessit the bying of sevin or aucht steanes anno 1642 
and selling of it to Androw Aberdein, burges of Aberdein, and fynit in 
four pundis thairfor to remain in waird for payment thairof and becam 



280 RECORDS OF ELGIN. 

actit nocht to by tallone within the toune to sell furthe thairof heirefter 
wnder the payne of xl. lib. toties quoties. 

Stanes for the Palmerfoord. The counsell concludit and ordained 
that everie heritour of the auchten pairtis sail lead to the intak of the 
water of Lossie at the Palmerfoord four lead of stanes for ilk auchtenpart. 

November I3th. James Kay, cordinar, accusit for break of statutis 
confessit the taking of fourtie s. or thrie pundis for schoone and refuisit 
to give ane compt q l . he tuik for his ledder and declairit that he knewe 
nocht q l . concience the counsell haid to censure him for his trade or be 
q. law they could doe the samyn and the counsell fynes him in ten 
pundis money for deir selling and loss of fredome for his wndiscreet 
speeches and arrestit in waird till he satisfie the said sowme. [Fifteen 
cordiners are also fined from ten merks to 535. 4d. for breach of statutes.] 

November 2oth. John Thomson, flesher, alias birsie, haiffing confessit 
the break of statutis wnlawit in aucht pundis money. [Several other 
fleshers are also fined.] 

December 4th. William Myll, burges of Elgin, becom actit of new 
to present bcfor the provest and baillies Jo n . Bruce in Cowsie on the sext 
of December instant for the ryot committit be him aganis Alexander 
Culbock wnder the payne of ten pundis money by and attour the penaltie 
conteanit in their former act. 

It is appoyntit that the haill skynneris and wtheris tradismen except 
the merehands be summondit befoir the tounes court for thair weghtes 
ilk Weddinsday for break of the statute thairanent. 



1644. 

January 8th. The haill fleshers ordained to be wairdit boith tunismen 
and landward. 

The last proclamatione anent the tounismen that nane tak on with 
any commander heirefter till the counsell give warrand to that effect with 
certificatione they sail never be resett within this burgh again. 

February 26th. Thomas Calder, now thesaurer, hes receavit Colonell 
Frasers band on vi x *iiij lib. xvi s. The counsell appoyntes the four 
baillies to compt with the weemen that quartered Colonell Frasers sojors 
and to pay thame in the first end of the loan money. 



1644.] TOWN COUNCIL MINUTES. 281 

March 4th. The counsell ordains Androwe Annand to keip his 
pulder and laid for the tounis wse quha hes promised to doe the samyn. 
Item that the haill toune be advertised to haue ther muscattis and gunnis 
in readiness with ball conforme and pulder to be presentit in counsell the 
xi of this instant Marche wnder the payne of fyve pundis money. 

March i8th. The persones of counsell convenit condescendit that 
Alexander Browster, pundler, sail hawe for attendance of the cornis of 
everie auchtenpart of the grieschip landis ane peck wictuall this zeir 1644 
and the heritor of the auchtenpartis to be comptabill for the possessoris 
the said Alexander making haill cornes and gress or then to schowe the 
distroyers thairof and tak thair poyndis. 

March 25th. The counsell appoyntis the drum to goe through the 
toune with the proclamatione for desyring of sojors to goe for the toun 
to the aermie in England quha sail haue of levie money tua dollaris, ane 
pair of newe schone etc. 

April 2Oth. The Counsell ordained Thomas Calder, thesaurer, to 
delyver to the provest ten dolloris to be giffin to Capitane George Smyth 
for his paynes takin and to be takin on the touns sojors. Item it is 
appoyntit that Thomas Calder, thesaurer, delyver to the sojors 43. ilk 
day beginnand the 22 instant. 

May loth. Mr. John Hay, appoyntit commissioner to goe to the 
committie at Turreff the 16 of this instant with the committie of warre 
there with the Marqueis of Ardgyll. It is appoyntit that Mr. John Hay 
sail hawe 403. ilk day till his hame cuming and to haue sextein pundis 
money in hand till compt.* 

June loth. It is condiscendit that the four baillies pay furthe of 
fyve hundrethe merks restand be the toune to the laird of Brodic and 
John Hay of Knockaudie the haill restis restand on ther quarters be the 
Marqueis of Ardgyllis troupers extending to iij c and vii lib. i8s. and the 
rest to be put in the cadgett with the loane money. 

June 1 3th. The qlk day Alexander Watsone, flescher, dispensit with 
Robert Watsone, his sonne, to be ane sojor for the toune in name of the 
fleschers, and Thomas Mitchell, Alex r . Sutherland, Johne Stronnoche 

* James, Earl of Murray, as Colonel of the Moray regiment of horse, appointed the Laird 
of Grant his Lieutenant Colonel (1st April, 1644). The Earl of Moray is said to have been a 
Royalist at heart, and took no active part himself. The Laird of Grant called out the vassals of 
his brother-in-law, and they assembled at Elgin to the number of about 1000 horse and foot. 
("The Chiefs of Grant," I., 17.) 

M I 



282 RECORDS OF ELGIN. [1644. 

and Jo n . Thomsone, "birsie," fleschers are becom actit to furnische the 
said Robert in intertainement at 45. a day with armes and cloathis 
sufficientlie. 

Act anent flesches. Ilk ane of the fleschers are ordained to sell thair 
best muttoun at 365. and the secundary at ane lower pryce according to 
the worth tuix this and St. James day wnder the payne to be censured 
as breakers of the statutis. 

June I4th. Thomas Purs, wobster, accusit for the bluid and blac 
gifting to Bessie Donald, his spous, in ane extraordinar way being 
personally warnit be Jo". Douglas is wnlawit in fyve pounds money and 
is appoyntit to be instantlie wardit during the magistratis will and 
George Purse, his brother, becam actit to enter him befoir the counsell 
the 24 instant vnder the payne of ten pundis money. 

June 20th. Alexander Anderson for bluid giffing to William 
Sutherland is wnlawit in fiftie punds. 

June 24th. Stent off 200 lib. It is appoyntit that ther salbe ane 
taxt laid on the haill towne boith traddismen and wthers for mantenance 
and rigging furthe of their sojors extending to tua hundrethe pundis to 
be stentit be Alex r . Leslie, William Falconer, baillies, etc. 

July ist The counsell appoyntis Thomas Calder, thesaurer, to give 
to the begger callit [blank] Fraser, ane of the sojors tua s. 8d. daylie 
beginnand this day and to pay ten s. of wages bygain at 2s. onlie ilk day 
advanced be Robert Dunbar, officer. 

July 8th. Andrewe Annand is appoyntit to try James Myllroy if he 
will set us George Donaldsones barne for ane song scuill. 

July I5th. Robert Gibsone of Linkvoods to be summondit to the 
17 instant befoir the counsell to be accuisit for wynning out of the tounis 
mures and commone gait on the stane corsehill. Item to haive ane cair 
to challang Alex r . Oliphant in Caithnes for selling wictuall in Garmoch 
wnoffered to the towne and that he may be wardit till he set cautione for 
compeirance befoir the counsell for that effect. 

July 22nd. William Sutherland, notar publict, burges of Elgin, being 
accused for extracting of ane Instrument to Alexander Innes of Coxstoun 
against the magistrats of Elgin wherein he omitted that whilk wes mest 
necessar to be insert for the magistrats behoue notwithstanding that he 
wes required and advised to insert the magistrats ansuer in the said 
instrument and also being accused for his contumelious and reproachfull 



1647.] TOWN COUNCIL MINUTES. 283 

speeches of the magistrals and counsel! the said William compeirand 
confessit the giving out of the said instrument in manner forsaid but 
denyed the contumelious speeches qlk notwithstanding were proven be 
two famous witnesses and therefore wes ordanit to lose his burgeship and 
to be in the counsellis will for his miscariage for his forther punishment. 

July 22nd. Robert Gibsone of Linkwoods taks the 29 instantis to 
compeir befor the counsell and to give his ansuer anent the intaking of 
the tounes mures in Glasgrein and of the way on Stanecrocehill. 

William Edward for reset of Hiland Marg'. fynit in 4 lib. and John 
Davidsone for the reset of Alexander Rynes fynit in 3 lib. 6s. 8d. and 
ordained to remove the saids pcrsones wndcr the payne of poynding of 
their persones. 

[Leaves amissing and Minutes lost between 22nd July, 1644, and 
1 3th April, 1647, except one entry.] 

1646, November 2^rd. Cordinaris [16 in number] in Elgin, Dollas, 
Monachtie c. wnlawit (from 2 to 21 lib ilk ane) for break of statutis. 
Carteris [9 in number] fynit 135. 4d. ilk ane for transporting guidis in 
cartis alongis the brig of Lossie. 



1647. 

April 23rd. It is appoyntit that the haill breweris and selleris of 
drink and aquavitie be present ilk Setterday within the tolbuithc at 
ellevin houris for payment of thair excyse with certificatione if thay 
compeir not the rigor of the excyse salbe enacted. 

April 26th. Merchandis for thair excyse. George Cuming, baillie, 
declairit that he haid no excysabill wairis except to the worthe of 106 
lib. 135. 4d. Walter Hay, merchant, to the worthe of 143 lib. William 
Tarres, 79 lib. 6s. Alexander Stevin, 72 lib. Hew Hay, 22 lib. 8s. 
David Dunbar, 94 lib. Thomas Calder, 51 lib. 

Kempis aiker and the Calff waird to be roupit. 

July 5th. Traffecters beyond Spey. It is appoyntit that theis that 
hes traffected besouth Spey since the last bank be cited and punisched 
conform thairto. 



284 RECORDS OF ELGIN. [1647. 

Maisteris to watcke. It is appoynted that all M rs . of famlies of quhat 
degree soever watche his night about as it sail come to him and thais 
that goe fra hame sail leave ane sufficient man for them wtherwayis the 
contraveineris to be instantlie poyndit for fourtie schillingis. 

July 1 2th. Act Gordoun and Ross. Adam Gordoun, merchand 
burges of Aberdein, and Patrick Ros, seruitour to Andro Adame, 
mer d . burges, becam actit in respect of the plague in Aberdeen and 
thair residence heir not to commune nor speak with any that comes fra 
the said bru ch heirefter but licence haid and obtained fra the magistratis 
of this bru 1 . with certificatione if they contravene they sail haive no 
entres within this burghe againe during the said plague and thair haill 
guidis within this bru'. confiscat to the townes wse. 

(Signed) A. Gordoun. Patrick Ros. 

Act Mallice, Winsister and ivtheris. Robert Mallice, William 
Winchester, Jo n . Chalmer (nolo), Peter Winchester, Thomas Warrand, 
Jo n . Rag, burgesses of Elgin, becam actit not to trafiect beyond the 
water of Spey nor buy any that comes over the samyn or to the portis 
but licence grantit be the counsell wnder the payne of ane hundrethe 
pundis money. 

Act anent thais that are at the port. It is inacted that none drink or 
eat or receave moneye fra thais that are holdin at the port wnder the 
payne of fourtie pundis and closing wp of thame selffis.* 

September I7th. In/or : contra f tines. William Edward declairit 
judiciallie that he being in his owne hous on the 14 instant in his bed 
about ten of the cloak at night Robert Innes in Auldmills cam rusching 

* 12 April, 1647. The said day the haill toun for the maist pairt being convenit within the 
laich counsellhous of this burghe be tuk of drum, it was exponit to thame convenit as said is, 
be the said Patrik Leslie, proveist, that the magistratis of this burghe hade receaved certaine 
intelligence that the plague of pestilence wes raging in Bervie, and the said proves! desyrit the 
saids inhabitants convenit as said is, that they wald tak head to themselues and acquaint thair 
nichbours wha wer absent that they receave nane within thair houssis comeing from the south 
without ane sufficient testimonial! that they haue not been in any suspect place of the plague, 
and for that effect ordanit ane watch to be keipit nicht and day be the inhabitants at all passages, 
to wit, at the Bridge of Dee, Blokhous, Crabstane, and other pairts about the toun. (Extracts 
from the Council Register of the Burgh of Aberdeen, 1643-1747 : Scottish Burgh Rec. Soc.) 

A fortnight later the Magistrates of Aberdeen, being alarmed at the outbreak of plague at 
Petmuckstoun, brought by a woman from Brechin, where the infection was raging, and there 
being a suspected case even in the burgh itself, took more stringent measures, appointed a strong 
guard of six score men, ordered all idle and stranger beggars to be removed from the town, all 
cats and dogs to be killed within forty-eight hours, and poison to be laid for " myce and ratons." 
The plague, however, spread, and the Town Council suspended their meetings from 2&th May 
till September, 1647. 



1648.] TOWN COUNCIL MINUTES. 285 

in and said gait ane light and that he wald mak ane light for himself 
and with this threw in the stool in the fyre and that the watch fled out 
at his back doore for fear in throw the tuttouris yaird and that they cam 
to the yeat and hard and saw the said Robert Innes brak up bares and 
rungis of the carttis. Agnes Jameson declairit that quhen she haid 
inquyrit of the watch quha haid brokin hir cairt they told that Robert 
Innes haid brokin the samyn altogidder except the quheillis barres and 
bottome rungis and that the said Robert haid promeissed to mak wp the 
samyn to hir. William Brand, wobster, declairit quhen Robert Innes 
cam to the port he and the rest of the watch were standeing at William 
Edward's doore and he cuming to the poirt cryed quhair ar thir damtnt 
willanes and with that he cam out of the poirt and sweir he sould cutt 
them all and followit the watche in to William Edwardis hous quha were 
forced to flic for fear he sould haue wronged them and then he cuist in 
William Edwardis stoollis in his owne fyre and therefter cam out and 
brak the cairtis. 

1648. 

June 2 ist. Wenteneris. Nicollas Dunbar, baillie, declairit on tua 
pypes of seek, thrie punschiones and ane terce of frensch wyne. Mar- 
garet Hamiltoune declairit on ane tun of frensch wyne and ane pype of 
seek. Margaret Innes on ane tun of frensch wyne. Wm. Tarres three 
tun of frensch wyne and four butts of seek. Wm. Robertsone, baillie, 
ane tun of frensch wyne. Alexander Urquhart ane butt of seek. Robert 
Dunbar tuo tun and ane halff of frensch wyne and ane butt of seek. 
Alexander Petrie declaired 5 punschiones of frensch wyne and ane butt 
of seek. Marjorie Leslie declaired on 5 punschiones of frensch wyne 
and ane pype of seek. [In November, 1648, are two additional declara- 
tions] : Nicolas Dunbar 10 puncheons French wine with ane pyp of sack, 
and Margaret Hamilton 6 puncheons French wine and 2 pypes Spanisch 
wyne. [Seven declarations not entered.] 

November I3th. Comperit Alexander Innes, cordinar, and declarit 
that he haid tayn onlie tualff schillingis for singill soillit schoone bot 
that he haid tain ordinarlie for menis double soillit schoone 26s. 8d. and 
sometymes 305. and i6s. for weemen's double soillit schoone. His 
censure continewit till the rest of the cordinaris be censured. 



286 RECORDS OP ELGIN. t l6 49- 

December i ith. Keyis of the cadget. The thrie keyis of the townes 
cadget were delyverit in keiping ane to Nicolas Dunbar and the wther 
to William Layng, baillie, and the wther to Robert Hardie. 



1649. 

March I2th. George Cuming, thesaurer, appoynted to mend the brig 
of Lossie. 

March igth. Ane bank ordained to goe throch the towne discharging 
all inhabitants within this bru 1 . nocht to tak on with any commander till 
first the towne be serucd wnder the payne of banishment furthe of this 
towne and never to haue entres within the samyn. 

April nth. William Crombie, merchand, ordayned to be maid 
burges for payment of 20 pundis mo e . becaus he is to marie ane burges 
doghter quha wes ane counseller. 

Setterdayis mercat cliainged. The Counsell in obedience of the 
Parliament and Generall Asscmblie hes resolvit to change thair Setter- 
dayes mercat wciklie to Fryday. 

May 1 8th. The Counsell have giffin power to Mr. John Hay, provest, 
to offer for the excyse monethlie thrie scoir lib. 

August 27th. Robert Sutherland becam actit as caution for Alexander 
Glas, violer, that the said Alexander sail keip ordour within this burgh 
and that he sail not play at penny brydellis nor efter eight houris at 
nyght and he sail remove himselff wyff and familie preceislie at Mertimes 
nixt wnder the payne of tuentie pundis. 

October ist. Act anent selleris of aill and beir and aquavitie. It is 
statute that na brewer within this brughe presume efter the proclamatione 
heirof to tak any pryce for beir and aill except onlie tuentie pennys the 
pynt wnder the payne of ten pundis moneye and punischment of thair 
persones at the will of the magistrates and that they tak no hier pryce 
for aquavitie nor 26s. 8d. wnder the payne forsaid. 

October 8th. Excyse of malt monethlie. The brewsteris appoynted 
to pay for the moneth of October instant and heirefter till the counsell 
forder advyse for ilk boll malt that salbe brewin be tham tualff schillingis 
money of excyse. 



1650.] TOWN COUNCIL MINUTES. 287 



1650. 

April 22nd. Ane bank aganis feing sojors. The provcst, baillies and 
counsell convenit appoynted ane bank to be send throch the towne 
discharging all inhabitants within the samyn that thai sould nocht fie 
thamselffis as sojores to any persone heerefter wnder the payne of banisch- 
ment and wther punischment at the will of the magistratis. 

Bank aganis selling of pulder and lead. Na men within this brughc 
to sell pulder or lead to any persone but licence haid fra the baillies 
wnder the payne of tuentie pundis and punischement of thair pcrsoncs 
at the will of the magistratis. 

May 1 7th. Sir Ro 1 . Gordounes licence. Anent the missive giffin in be 
Sir Ro l . Gordoun for winning and buying of peits in Mostowie the 
Counsell grantit the samyn for this zeir and limitat tham to tua hundrcth 
cairthill of peittis. 

July 8th. Tarres and Geddes. William Tarres and Alexander 
Geddes being accusit for putting back ane bark that wes cuming into 
Germoch or any wther port with wictual they denyit the samyn. 

July 1 5th. Jeane Sinclairis act. Jeane Sinclair, relict of wmq". Jo n . 
Pedder, becam willinglie actit that no inhabitant within this burghe thair 
guidis geir and zaird salbe trublit or molestit be hir any tyme cuming 
wnder the payne of banischment furth of this burghe. 

August 8th. Provest Commissioner. That day being woited in 
counsell quhidder thair sould goe ane commissioner to the present 
Parliament the woites being speired and equall till the provest be his 
woite it wes fund necessar thair sould ane goe and the provest protestit 
that in respect of his severall former voiages in the publict southe he 
sould not be nominatt for the present nevertheles the counsell appoynted 
the provest, Mr. John Hay, to be Commissioner for piit and he protestit 
in the contrair. 

November I ith. Vintenaris tuix hallowmes 1649 and hallowmes 1650: 
Elspet Annand declairit on I tun and ane halff qrof thair is onlie tua 
punschiones run and thairfor schoe is comptabill at Hallowmes next for 
ane tun. Margrat Innes tua punscheons run, Marjorie Fergussone I tun 
run, Margrat Hamiltoun tua tun run, Alexander Petrie receauit 3 tun 
Frensch wyne qrof ane punscheone spilt tua tun and ane punscheon run 



288 RECORDS OF ELGIN. [1651. 

and tua punscheones to rin with ane but of seek. Robert Dunbar 4 tun 
Frensch wyne qrof 2,\ run and ane tun and ane halff to rin with ane but 
seek. 

Francis Merschall, smyth, wndertook to mak four halbertis for the 
four officeris tuixt this and Andersmes nixt. 

Mortdoathe delyvered to the thesaurer. John Chalmer, thesaurer, 
appoynted to receave the moirtclaithe and when he sendis it alandward 
to pay thairfoir ten merkis money and four pundis for the townes men. 

November I3th. The provest presentit a letter to the toune from Sir 
William Lockart daitit at Aberdeen the 30 October last. 

Tua letteris presented to the Counsel/. Sicklyk the said day the provest 
presentit ane uther letter directit to him self onlie from my L. Brodie 
anent a Commissioner to the ensueing parliament qlk letter is dated the 
ii November 1650 and received the 12 thairof be him whereanent the 
Counsell haueing reasoned they found the advertisement late and the 
provision of moneye to be hard so that they found themselues vnable to 
send one. 

November 1 6th. Cuming Commissioner for the Part. George Cuming, 
baillie, appoyntit commissicnar for the ensueing parliament at Perth and 
that upone the desyre of a letter presented this day be the provest and 
direct be the Committie of Estaites to the Committie of the shyre of 
Murray desyring them to adverteis the borrowes of the said shyre for 
sending commissioners. 

November i8th. Chartour of the Patronage put in the Cadgett. Mr. 
Johne Douglas, provest, delyvered to the counsell to be put in the 
cadgett the principal! chartour of the gift of the patronage with the 
ratificatione of parliament and the lords of the committie of parliament 
their representatione to the parliament of the conditione of the kirk of 
Elgin as the cathedrall kirk with certane old actis for provisione of the 
kirk of Elgin and the advocats resolutione of some questiones by con- 
sultatione proponed thairanent. 

1651. 

January 6th. Mr. Ja. Annands admissione to the clerkship. Mr. 
James Annand elected clerk of the burghe, dureing the pleasure of the 
Counsell, in place of James Douglas deceased. 



1651.] TOWN COUNCIL MINUTES. 289 

January 2Oth. Murray, belman. Anent Alexander Murray, belman, 
his petitione alledging he had giuen tuentie lib. more nor wes due be him 
for his customes the yeare preceiding and therefore desyred allocatione 
thereof in the yeare succeeding. The counsell suspends there ansuer to 
the bill vntill they see ane amendment in the petitioner anent the ruleing 
of the clock and ringing of the 4 houres and 8 houres bell at morning 
and nycht and giff he faill in doeing duetie therein he is to have neither 
payment nor allocatione and himself to be warded. 

February loth. Officeris cloathes. Walter Hay, merchand, ordanit 
to buye 16 elnes of whyte walked cloath to the officiars on the touncs 
charges. 

February 2ist. Inhabitants not to remone. Ane bank ordanit to be 
publischit that na inhabitant within this burghe remove thairfra vnder 
the paine of to be esteimed runawayes and then and there resetters to be 
punished. 

March 1st. Offer maid to the L. Duffus anent the excise. Anent the 
excise offered be the Laird Duffus the counsell hes resolued to give no 
more for the first six monethis viz. betuix the first of May 1650 and the 
first of Nouember nixt therafter but onlie 50 merkis moncthlic and for 
the uther 6 monethis therafter 56 lib. monethlic. 

March 2Oth. Archibald cited. It is ordained that ane officer be direct 
to summond Johne Archibald, Rossyle, to present - - Archibald, his 
sone, befoire the Committie of this schyre for the toune of Elgine their 
vse. 

April 1 6th. Money higlited. The said day the highting of the money 
wes proclaimed. 

The discharge granted be Colonell Robert Dunbar, apperand of 
Westfeild, vpon the resett of 32 sojors is delyvered to John Chalmer, 
thesaurer. 

Cathnes regiment. Thomas Calder, baillie, gave to Johne Chalmer, 
thesaurer, qlk wes receiued fra the Kathnes regiment, 80 libs. 

May 2 1 st. Money delitiered be the ministers to JoJine Chalmer. Johne 
Chalmer hes receiued fra the ministeris of the contributione to the 
prisoners in England fiftie nyne libs. 155. 6d. wherof some licht money. 

May 1 4th. A missive from his Ma'''. That day the Counsell hes 
receavit a missive from his Majestic for advanceing vpone trust ane 
hundreth lib. sterling for his proper vse whilk the provest hes. 

N I 



290 RECORDS OF ELGIN. t 1 ^!. 

July I4th. Kattailes Communtie besyde Auldraughtie. Weddnes- 
day nixt is appoynted to visite the kattailles by the whole Counsell, 
Fursday next be sex houris in the morning is appoynted to go to the 
commontie besyd Auldrochtie and take William Cook with them for 
making civill interuptione and to get arrestment from the shereffe dark. 

October I3th. Johne Davidsone. Johne Davidsone, webster, for not 
cuming to watche at the towbuith on Fryday preceiding is ordained to 
be warded presentlie and to remaine 24 houris and als ordained to be 
warded untill he act himself not to cast feall and devott in the communitie 
except the moores. 

November I7th. Band for England. John Chalmer, thesaurer, 
delyvered ane band to the counsell granted be them to the ministers 
vpon fyftie nyne pund fyftein shillingis 6d. of the contributione for the 
releif of England. 

L. Dnffns band givin to George Gordone. The clerk delyvered to the 
prouest the Lo / Duffus band grantit to him on a thousand merkis 
money whilk wcs a part of the aughtein hundreth merkis borrowed by 
the toune from George Gordone, messenger in Edinburgh, to haue bein 
advanced to his Ma tie at Stirling and whilk band wes delyvered to the 
said George and accepted be him in part of payment of the forsaid 
soume and granted discharge thereon and did then restit in the prouest's 
hand of the forsaid soume aught hundreth merkis whereof he delyvered 
the said day to the said George ane hundreth libs, money. 

November 26th. Comissionars for Banff. The provest, with George 
Cuming and Thomas Calder, baillies, are appoynted to goe to Banff to 
the Englishes when they come that length. The provest, with Mr. John 
Hay and Alexander Dunbar, are appoynted to goe to Forres to the 
comittie. 

December 22nd. Assisting quarter for horses. It is ordained that a 
survey that all that haue horses who are lest able to manteine them that 
such utheris as are able and haue none shall furnish a proportione of 
money for supplieing of coale and candle and vther exterordinars and als 
they that haue seek persons may be looked to and as they have need to 
gett supplie. 



1652.] TOWN COUNCIL MINUTES. 



1652. 

January 7th. Money at the old rate. There wes presented be the 
prouest ane letter from Colonell Thomas Fitche from Innerncs for 
proclamatione of the money to the old rate and which wes done the 
said day. 

January 3Oth. Mr. John Hay, comissionar. The prouest, Mr. John 
Douglas, presented to the counsell ane order in print from the English 
comissioners for sending ane comissioner from this burghe to the 
meetting at Dalkeith the 26 of Feb. next. Mr. John Hay nominat. 

March 22nd. Mr. Joline Hayes report from Dalkeyth. Mr. John 
Hay being returned from Dalkeith as Commissionar delyvered to the 
provest ane protectione for the burghe of Elgin from the Parliament of 
the Commone wealth of England together with ane warrand from 
Major G. Deans anent the cess and quarteringis.* 

April ist. Eng : order for ellecting Magistrates. Mr. Johne Hay 
presented the Generalls warrand and order from the Commissioners of 
the commone wealth of England to the toune for electing magistratis and 

* From " The Cromwellian Union," edited by C. Sanford Terry, M.A. 
(Scott. Hist. Soc., 1902), p. 73: 

Assent of Elgin.* I, Master John Hay, Comissioner, deputed by the Burgesses and 
neighbo rs of the Burgh of Elgin and authorized by them to repaire hether to Dalkeith to attend 
the Comissioners of the Parliam' of the Comon wealth of England for orderinge the affaires of 
Scotland, The said Comissioners haveinge delivered to me the Declaracon of the said Parliament 
concerninge the settlement of Scotland and desired my positive Answere in writeinge to be given 
in to them as to the Acceptance of the Parliaments Tender in the second Article of the said 
declaracon and to the other thinges conteined in the paper of the 27 Februar last, doe for my 
selfe and on the behalfe of those represented by me retourne this Answere. 

As to the Tender of the second Article, whereby it is declared that Scotland shall and may 
be incorporated into and become one Comone wealth with England, whereby the same goument 
that is established there and enioyed by the people of that nation vnder the free state and 
Comonwealth of England as it is now setled without Kinge or house of Lords may be derived to 
the people of Scotland, I accept the said tender and assent thereto. 

I also declare that wee will in the meane tyme live peaceably and obey the Authority of the 
Parliament of the Comon wealth of England to be excercised in Scotland, and shall be ready 
from tyme to tyme to offer what wee shall conceaue requisite for bringinge to effect the said 
Vnion and settlement with speed and best satisfaccon to bothe nations. In witness whereof I 
haue subscribed these pnts at Dalkeith the second day of March, 1652. 

JOHN HAY.t 

Vera copia: lo. PHELPES, Seer. 
Endorsed : Elgin Burgh Deputy Assent, March 2, 1651. 

* Portland MSS., N. xx., 129. 

t Probably John Hay, Town Clerk of Elgin. Cf. Foster, " Members of Parliament," p. 176 



RECORDS OF ELGIN. t l6 5 2 - 

giving oathes conforme* together with a particular order and warrand to 

* By the Commissioners of the Parliament of England for Ordering and Managinge 

Affaires in Scotland: 

WHEREAS the Burgh of Elgin haue by theire Deputy declared theire acceptance of the 
Defender of the Parliament of the Commonwealth of England to be incorporated into the 
Commonwealth of England and to be one therewith and haue engaged themselves to live 
peaceably vnder and yeald obedience vnto the Authority of the Parliament of the Common- 
wealth of England excercised in Scotland who are there-fore taken into the especial! protection 
of the Parliament And application hath bin since made to vs by the said Deputy prayinge our 
graunt and Commission whereby the said Burgh may be authorised to elect officers to governe 
the said Burgh Vppon serious consideration thereof and being desireous to endeavor by all 
good wayes and meanes that the people of that Towne may haue goverment and Justice 
administered Wee by vertue of the Authority on that behalfe given vs by the Parliament of the 
Commonwealth of England Doe Authorise and appoynte the neighbours and Inhabitants of the 
Towne and Burgh of Elgin accordinge to their former Rites and customes from tyme to tyme to 
Nominate and choose theire Magistrates and officers for the goverment of the said Towne and 
Burgh and Liberties theireof till further order which Magistrates and officers from tyme to tyme 
chosen by them arc heerby constituted in the severall and respective offices and are authorised 
to proceed in the execution of theire severall trusts and places and in the execution of the 
government within the said Towne and Burgh and Liberties theireof according as hath bin 
vsuall and accustomed Provided that in all cases where formerly the name or stile of Kinge hath 
bin vsed in the exct'rcise of the aforesaid goverment of the said Burgh the name of the Keepers 
of the Liberty of England by Authority of Parliament be inserted and vsed instead thereof 
And that the persons from tyine to tyme elected and chosen as aforesaid shall not exceed to the 
excercise of the said respectiue offices and places vntill this oath ensueinge be administred vnto 
them by such as wee shall appoynte to administer the same expressinge at the Administration of 
the said oath to the said respective officers the name of the respective offices they are chosen vnto 

THE OATH. 

You shall sweare that you shall be true and faithful! to the Commonwealth of England as it 
is now established without a Kinge or howse of Lords you shall well and truly execute the office 
of [blank] within the Towne and Burgh of Elgin and the Liberties thereof according to the best 
of your skill, knowledge and power : soe help you God. 

And alsoe that the oath heervnder written shall be administred to every Burgesse or freeman 
of the said Towne and Burgh at the tyme of his Admission . . Officeis as the Oath to 
Burgesses and freemen of the said Burgh hath bin heretofore usually administred (that is to say) 

You shall sweare that you shall be true and faithful) to the Commonwealth of England as it 
is now established without a Kinge or Howse of Lords And in order therevnto you shall be 
obedient to the iust and good goverment of this Towne and Burgh of Elgin You shall to the best 
of your power mayntayne and preserve the peace and all the due franchises thereof And accord- 
ing to your knowledge and ability doe and performe all such other acts and thinges as doe 
belonge to a Burgesse or freeman of the said Towne : Soe help you God : 

And wee doe Heerby declare that wee expect in such elections to be made as aforesaid due 
care be taken that all persons chosen be men of Integrity and good Affection to the peace and 
welfare of this Island and otherwise fitly qualified for theire Trust. 

And lastly wee doe appoynte that aswell the Electors as the persons elected doe first 
subscribe the ensueinge declaration beinge the effect of what the Deputy of the said Burgh hath 
in theire name and on theire behalfe subscribed (That is to say) 

Wee doe each of vs for himselfe declare our willinge and free Acceptance of and Consent 
vnto the Tender made by the Parliament of the Commonwealth of England that Scotland be 
incorporated into and made one Commonwealth with England that thereby the same goverment 
that is established in England without a Kinge or Howse of Lords vnder the free State and 
Commonwealth of England may be derived vnto the people of Scotland And wee promise that 
wee will live peaceably vnder and yeild obedience vnto the Authority of the Parliament of the 
Commonwealth of England exercised in Scotland. 

PROVIDED that the first election to be made in pursuance heereof be within forty dayes 
after the date heereof Given vnder our hands at Dalkeith the Thirteenth day of March In the 
yeare of our Lord one Thousand six hundred ffifty and one. Rl. DEANE. 

H. ST. JOHN. 
R. GAIAVEY. 
(Original in the Gadget.) ROBERT . . . 



1652.] TOWN COUNCIL MINUTES. 

Colonell Thomas Fitch to see the electione and giue the oath whilkis 
order the clerkis hes. John Chalmer, thesaurer, is appoynted to goe to 
Innernes to Colonell Fitche with the order direct to the toune from the 
Englishes comissionars.* 

April 7th. Electione of Magistrates. The Counsell convened for 
obedience of the order directit from the comissionars of the parliament 
of the commone wealth of England for electing of the magistrates and 
officiaris in the said burghe to governe till Michaelmes next and the old 
counsell chused the new as followes, of the old counsel!, Robert Hardye 
and Jo n . Andersone remoued, and in their places Jo n . Dunbar and Mr. 
William Cobane elected, which the whole commones approued by the 
mouth of Alexander Gibsone, chosen spokisman by them. Mr. John 
Douglas chosin provest by the counsell and whole comones. 

April 1 2th. Cess. The counsell appoyntis Moonday nixt, the 19 
mstantis, to meett at 5 hours in the morning for takcing compt of the 
collectors of the manteinance and cess. Mr. John Douglas, prouest, 
delyvered to the clerk the protectione givin be the comissioners of the 
comone wealth of England to the toune of Elgin. Colonell Fitch gaue 
the oath to the magistrates and counsell and caused subscryve the 
declaratione. 

April 26th. Cleane streetis. There is ane intimatione appoynted to 
be published be the bell that where any dunghills are on the streettis 
and gittes not red that they shall be remoued and dight once before 
Saturday at nicht nixt, wtherwayes to be punished at the Magistrates 
pleasur and the dung to be taken away by any haueing pouer of the 
magistrates without payment. 

Ale and beir. Each baillie with his officer is ordained to goe throughe 
his quarter and speake the brewers anent the pryces of their ale and beir. 

May 1 3th. Burgessis. Alexander Stronach [and 11 others] to be 
received as freemen on payment of certain sums. 

The Counsell appoynted to meett on Saturday nixt to sett downe 
order for casting of Tyock and after the counsell disolues to visite the 
highe wayes at the west porte [12 men appointed for reding of Tyock]. 

May 27th. Tyock. The morne be sex houris in the morning is 
appoynted to visite Tyock. 

*Cf. "Protection for the Burgh of Aberdeen," p. 129; "Extracts from Records of the 
Burgh of Aberdeen" (Scottish Burgh Record Society). 



294 RECORDS OF ELGIN. [1652. 

June 7th. The provest presented ane letter from the provest and 
baillies of Edinburgh with the dowble of the letter from the Conservator 
at Campheir anent the sending of ane commissioner to Edinburgh 
againe the thretein of August nixt. 

Borrcnv Missive, 1630. Mr. John Hay delyverit the missive from 
the Borrowes, daited the tuentie of Marche, 1650, with the indentor 
betuix the toune and Mr. George Cuming, master of the Gramour 
schoole. 

Aldroc/itie. Monday nixt is appoynted to goe to the commontie 
besyde Aldrochtie for making civile interuptione anent the casting of 
peatis. 

Act Milne and Naughtie. James Milne and David Naughtie, 
milleris at the Bishop Milne, renunceand their owne jurisdictione in 
that part and submittand them selfis to the toune of Elgin are become 
willingiie acted as cau r . ilk ane for vtheris that nether of them shall cast 
pcattis within the mose of Mostowie nor any vther comon moss within 
the liberties of the burgh of Elgin. 

June 28th. Meirches visited. The fyfteen day of Julij nixt is 
appoynted to visite the marches at the west and eist. 

July 5th. Mosto'cvie. John Raitt [and two others] vnlawed for 
selling of firr from Mostowie to strangers. 

July ipth. Ckalmer, thesaurer, his comptis fitted. Jo n . Chalmer, late 
thesaurer, haveing fitted his comptis delyvered to Alexander Petrie, 
pnt thesaurer, three score aught pundis ten pennyes mony with sevin 
pundis sevin s. of light siluer and ill siluer whairof ane evill croce doller 
and ane evill sixpence. 

July 26th. Measures and Weights. It is appoynted that immediatlie 
after the harvest the whole measures and weightes be visited in this toune. 

October 4th. Leslie. Anent the suplicatione given in be Andrew 
Leslie for infefting him as air to his father in umq 11 . Helen Leslies land 
in respect of the loss of his fathers infeftmentis by the late trowbles the 
counsell granted the same to be done and new infeftment to be drawin 
up thereupon. 

Postmaster for horse. It is condiscended that their be ane postmaster 
within the toune for furnishing horses vpon desyre who shall haue a roll 
and the clerk ane vther and the postmaster to haue tuelf pennyes of the 
pund for his paines. 



1653-] TOWN COUNCIL MINUTES. 295 

November 29th. Tounes Court changed. In respect the Shereffe 
courtis held on Wednesday weeklie the Counsell hes appoynted Tuesday 
weeklie for the tounes courts. 

1653- 

May 2nd. It is ordained that the Frydayes mercat shall not begin 
vntill eight hours in the morning and that no commodities be sold before 
that tyme.* 

The two companies of Colonell Ashfeild's regiment commanded be 
Cap. Johnes and Cap. Davies went from Elgin the 13 of Junij instant. 

June 2Oth. Old Milne sheepe. The counsell ordained the officiars to 
advertise the inhabitants of the Old Mylnes and these within the toune 
that haue sheep to remoue them from eating the tounes cornes in the 
west feildis before the last of this instant vtherwayes to be punished at 
the Counsells pleasure. 

June 27th. The Counsell ordained the thesaurer to give Daniell Hay 
ten merks for a parte of his fie for keeping the aughtcn parts and tuentie 
four shillings for setting the stones at the Palmer fuird. 

July nth. Hooks. It is ordained that a bank be published dis- 
charging all the hookis that vses to fie without the toune be inhibited to 
goe out of the toune vnder the paine of the hyrc gained and any that 
receiue them to their houses after harvest to pay ten lib. 

July 25th. Watson, butchers fyne. Alexander Watson, butcher, is 
ordained to pay tuentie merkis for breaking of Isabell Murraye's finger, 
the one half to the toune and the vther half to the partie. 

August 1st. The church of Duffus @,rent. The Counsell appointed 
the thesaurer to prowyde the @rent of the thousand punds restand to 
the church of Duffus and haue it in reidines and to remember for what 
cause it wes borrowed and how it wes disposed of. 

October 3rd. Order for continuing of the Magistrals. The provest 
presented ane order from Colonell Lilburne for continuing of the whoie 
officiars within this burgh that are presentlie in office vntill new order.f 

*Cf. p. 164, Scottish Burgh Records Society : Aberdeen, 8th October, 1656. "The 
Counsell ordaines that no persone or persones presume nor tack vpon hand to mack mercat 
vpone malt, meill, shoes, timber, fleshes, wooll, or anie wther commoditie brought to the mercat 
to be sold befor aucht hours in the morneing in simmer and nyne houres in winter." 

tCf. p. 137, Scottish Burgh Records Society : Aberdeen, 28th September, 1653. 



296 RECORDS OF ELGIN. [1654. 

October 3ist Nicolsone, meassone. George Nicolsone to haue fyue 
punds money for mending the Bridge of Lossie. 

November I4th. Falconeris entrie to Monbeins. Johne Falconer, 
warden of the mint, presented a supplicatione for his entrie to Over 
Monbeins which was granted for payment of fourtie pundis to the 
thesaurer with the bygone few duties. 

1654. 

January pth. Col. Lilb. order for coale and candle to Knockandie. 
Delyvered to Johne Hay of Knockandie Colonell Lilburnes order for 
coale and candle for the moneth of May vnder his subscriptione manuale. 

February 27th. Money giuen to the Governour of Burgle. It wes 
condeiscendit that the governor of Burgie should haue fourtie schilling 
sterling from the toune as he wes getting from the gentrie to buy him 
ane horse. 

March 2Oth. A Letter to Lilburne. It is concludit a letter be sent 
to Colonell Lilburne anent the tounes sufferings thir sex monethis 
bygone. 

James Milne, maltman, is vnlawed in ten pund for blood giving to 
Agnes Chalmer, spouse to James Chalmer, maltman. 

March 27th. Anent poore inhabitants. There is a bank to be published 
with the bell that no heritour within the toune sett houses to any after 
Witsonday next or suffer them to byde in the houses they haue of them 
after the said terme vnles they shew them selues to be able to Hue 
without prejudice to their nighbours vthervyes the heritour to pay the 
triple of the meall to the toune and refound the nighbouris skayth. 

April loth. Act anent playing bowles and bullets at the portes. It is 
ordained a bank to be beattin anent the playing of boulls or bullets that 
none cast either of them at the east porte bewest the sub-chantor's wynd 
and at the west porte be east Thomas Andersone's house. 

May 1 5th. Mr. Will. Cobane, postmaster. Mr. William Cobane is 
appoynted to be postmaster for furnishing horses who shall be free of his 
cess and haue his own horse free with tuelf pennyes of ilk pund due for 
his hyre whither payd or not payed and if not payed to be payed be the 
thesaurer and the horse to be furnished circularlie begining at the south 
east. 



I655-] TOWN COUNCIL MINUTES. 297 

May 22nd. Sir Rob. Gordone. Sir Robert Gordone of Gordonstoune 
haveing petitioned the counsell for the buyeing of ane hundreth lead of 
peattis out of Mostowie this yeare the counsel granted his desyre. 

July 27th. Vnlaw Adame. The bretheren of Gild complein against 
Andrew Adame, merchand burges of Aberdeine, for selling staple goods 
to vnfremen within their liberties. He is amerciat in ane hundreth punds 
Scotts and he ordained to remayne in waird vntill payment. He sold 
tuo bunnes of lint to Francis Ross wyfe and tuo gaddes of iron to 
Gilbert Schand in Germoch and 20 gades of iron to the Erie of Finlater 
and the laird of Innes 14 or 15 gades or thairby. 

August 28th. Mr. John Hayes report. Mr. John Hay made his 
reporte from Innernes declairing that there behoued to make choise of 
fyue or sex young men who haue not bein accessorie to any ingagment 
against the parliament should be direct to Innernes to keep the fyft of 
September next 

August 3<Dth. Hay and Chalmer and vtheris appoynted to goe to 
Innernes. Mr. Johne Hay and Johne Chalmer, baillie, appoynted to 
goe to Innernes the fyft of September nixt with William Cuming, 
Robert Falconer and Allex r . Urquhart younger, as nominat to the effect 
abouewrittin. 

October pth. Order from Col. Fitche. Mr. Johne Hay, provest, 
presented to the counsell tuo orders from Colonell Fitch ane concerning 
coale and candle to the foott sojors now at Elgin and ane vther for the 
furnishing of the bedding to the horses from their land lords. 

November 3Oth. Order from the Englishes commander. Ane order 
vnder the hands of Robert Overtoune, Thomas and Lieut. Colonell Blunt 
anent the suppressing of'associats of Lieut. Generall Midiltoune wes 
published at the mercat croce of Elgin. 



I655- 

April 25th. Bedding. The copie of the tounes reccptes of bedding 
out of Dunfermlings house delyvered be John Chalmer to the clerk. 

Isobell and Janet Meluills. Anent the complaint made by the fischall 
against Isobell and Janet Melvills for the alleged stealling and concealling 
of fourtein shillinges Starling from William Hayhe, ane Englishman, for 

O I 



298 RECORDS OF ELGIN. [1656. 

qlk they were araigned before the court and although absolued from the 
siluer yet being fund guiltie of stealling and concealling some vther 
commodities they were amerciat in ten s. sex d. starling fund in their 
possessione qlk wes ordained to be givin to the said William Hayhe and 
they ordained to be banished in case of the lyke. 

May 2nd. Recept for contributione to Glasgow. Delyvered to Walter 
Hay, present thesaurer, Mr. John Douglas his grant of recept of ane 
hundreth tuentie sevin pund eight shillingis Scotts for the contributione 
to the citie of Glasgow. 

October 8th. Anent the excyse money borrowed. Ane hundreth merks 
borrowed fra Jo n . Chalmer, kirk thesaurer, vpone band for Robert 
Dunbar his charges goeing south anent the excyse to be payed the first 
of November nixt. 

October 22nd. Dunghills to be removed. A bank is ordained to be 
published with the bell for taking away dunghills of the high streetts 
betuix this and the 4 of November vnder the paine of 4 lib. and also to 
inhibite all brewaris to sell any draff out of the toune. 

November I2th. Anent secrecie amongst the Counsell. It is enacted 
that who so ever shall be fund guiltie of revealing any thing concluded 
in counsell that they are desyred to keep close they shall immediatlie 
thairefter be removed off the Counsell and never be returned againe. 



1656. 

February 23rd. Anent moss besouth Tayock. Because the commontie 
of the moss besouth Tyock is spoiled it is ordained none cast thairin bot 
for thair awin vse allenarlie and for that effect David Brodie is ordained 
to gett their names and that they may be advertised accordinglie. 

Anent the calsay. The counsell finds it necessar the calsay should 
be bigged and that some speedie course be takin for finding a craftisman 
and for that effect Thomas Calder is ordained to speake one Johne Dick 
in Plewlandis. 

April 2ist. Keeping of Comes. It is ordained that a bank be beatt 
for keeping the comes in the crofts and greiship lands from the date 
heirof that it shall be leisume to the owners of the cornes or thair 
servands to take the beasts and keep them vntill ilk ane shall pay sex 



1656.] TOWN COUNCIL MINUTES. 299 

shillings Scotts and if they be keeped attour 48 houris the owner of the 
beast shall have no reparatione in case they incurre danger and the sex 
shillings to be payed. 

May 1 2th. Tailours. It is ordained that no vnfreeman tailyour 
should keep a prentise after the last of Junij nixt and that they and ilk 
ane of them as they should be required should come and serve freemen 
in thair trade vpone the freemens chairges when so euer they should be 
required for that effect. 

May 1 3th. Measure. Thomas Calder is ordained to bring to the 
Counsell on Monday nixt the just measure- of Lithgow mett and the 
Clerk to bring the act of Parliament thairanent. 

May iQth. Measures and Weights to be visited. The Deane of Gild 
is ordained to visite the firlots for all graines, the stone weight and vther 
weights of that sorte the elne wand and the stopes and to reporte. 

May 27th. Wreittis takin out of the cadgett. The Counsell haueing 
mett at the clerk's chamber where the cadgett lyes they did take out 
thairof ane instrument of perambulatione anent the marches of the 
toune and with Linkwood. Item ane old charter printed be K : James 
in anno 1457. 

June 2nd. Concerning Mostowie. William Patersone, messenger, is 
appoynted to be spokin to goe to Mostowie and arrest the whole peatts 
and make intimatione thairof to the owners. 

Anent the tolbooth. The thesaurer is ordained to buy ane hundreth 
sklates and sex boll of lyme for the tolbooth. 

June 7th. Anent Mr. David Philps money to the hospitall. Anent 
the supplicatione givin in be Thomas Warrand, clerk of Forres, executor 
to the deceased Christine Kare, for fourtie punds money left be Mr. 
Dauid Philp, her husband, to the hospitall of Elgin whilk wes be ane 
decreit extend to 1 10 lib. 8s. the Counsell are contented to take four- 
score punds presentlie, vtherwayes to expect no favour. 

Anent swyne. To publish ane order anent suyne that none keep 
them within this burghe vnder the paine of 10 libs. Scotts and the suyne 
to Alexander Rynness to be disposed of at his pleasure betuix this and 
Wednesday nixt at 12 hours.* 

* Cf. " Act anent the Swyne," gth August, 1654 ; p. 143, " Extracts from the Records of 
the Burgh of Aberdeen"; also p. 319, do. (3Oth September, 1696). Being "ane unseemelie 
kynd of beast," and for other reasons they were ordered to be removed a quarter of a mile from 
the town.' 



300 RECORDS OF ELGIN. [l657- 

June gth. Townes band to the kirk of Duffus. The tounes band to 
the kirk of Duffus delyvered be the thesaurer and cancelled. 

June i8th. Anent Mostowie. It is appoynted to meett with the 
Lord Duffus the L : Brodie and Collonell Ro l . Innes anent the con- 
traversie with them concerning the moss of Mostowie. 

June 3Oth. Constables. The Counsel! did nominal two constables 
for ilk ane of the four quarters. 

July 28th. Armes to be brought in. It is ordained that howsoone 
the prouest comes home that a bank be beatt anent the inbringing 
armes vpone Wedinsday nixt be eight hours in the morning. 

August 4th. St. Geiles mercat. It is thought fitt that St. Geills 
mercat be published at Forres and Innernes to be the week hefore the 
ordinare day. 

August nth. Officers to weare halberts. Walter Hay delyvered to 
the clerk the warrand to the officer to wear halberts. 

September 22nd. Robert Donaldsone continued postmaster. 

September 29th. Dunghills Measures. The dunghills to be clensed 
off the streetts. The measures viz. the firlot and peck and vthers to be 
visited and rectified where need is. 

November 3rd. Layng. Andrew Layng, cordiner, is reponed to his 
burgeship and the clerk ordained to extract his burges bil vt primo. 



I657- 

January 3ist. Wintners. Hallowmes, 1652, to Hallowmes, 1656: 
Margrat Hamiltone vented 5 punschons of french wine and anc pyp of 
seek. Elspet Urquhart 6J pun. of french wine. Marjorie Layng 
2 tun french wine and I pyp seek. Margaret Syme 8 pun. of french 
wine and 2 pypes of seek and ane pyp of tent. Robert Dunbar 10 pun. 
french wine and 2 pypes of seek. 

March gth. Alex*. Hay his compt. The said day compted with 
Alcx r . Hay, merchand, anent the furnishing of ane feather bed, bolster, 
tua pair of plaids and a covering to the garisone at Dumfermling House 
in Elgin. 

March 3ist. Money not pasguilt. The officers are ordained to goe 
throw the toune to advertise the inhabitants not to receive this newe 



I6S7-] TOWN COUNCIL MINUTES. 3OI 

brought in base couper coyne haueing the floure de lucce thairon, and 
to speak the Lieutennants to horse and foot theranent. 

May nth. The deane of Gild made his report anent the expenses of 
the Commissionare at the Parliament in Londoune betuix the first of 
September, 1656, and the last of Maij, 1657, and the totale on the 
borrowes benorth Spey being 819 lib. .the toune of Elgins part being 
150 lib. 1 6s. 6d. 

April 1 3th. Anent the shoemakers. Anent the supplicatione given 
in be the shoemakers burgesses and freemen of this burghe against the 
vnfreemen within the same and in the country frequenting the weeklie 
mercats within this burghe for the vsurping a libertie and frecdome in 
that trade as if they were freemen that is in buying and barking of roch 
hydes and in keeping of prentises and servands in thair trade and also in 
taking vp of shopes within the burghe. The Counsel! enact that no 
vnfreemen living without the burghe shall be licenced to buy any roch 
hydes after tuo acloak in the afternoone on the weeklie mercat dayes 
without prejudice alwayes to the vnfreemen within burgh and that no 
vnfreemen either within or without the same shall keep cither prentise or 
seruand of that trade and it shall not be leisum to any vnfreeman to 
keep any oppin shop without the counsell's libertie and as for the 
visiteing of the mercats anent the sufficicncie of work they appoynt 
Andrew Kay, elder, and William Wilsone, burgesses and freemen of the 
trade to goe alwayis with the Deane of Gild euerie weeklie mercat day 
and vther fair dayes when it is nccessar for visiteing of the shoe mercat. 
to try the sufficiencie or vnsufficiencic of the made work and barked 
leather to the effect that where there is a fault the dilinquent may be 
punished at the discretione of the Deane of Gild and his Counsel!. 

May 25th. Sogers. A bank to be published with the bell that those 
who have troupes shall keep their chambers and stables for their vse 
allanerlie and that they dispose no vtherwayes on them. 

Gate from the schoole to the Moss. It is ordained that all the 
inhabitantis within this burgh that mak vse of the moss wynd with horse 
and kearts that they vpone desyre shall come and bring sand and vther 
necessars for mending the faults thairin and if they refuse being required 
to be fyned in 2O s. Scotts. 

September 7th. Grigor, burges. George Grigor, second laufull sone 
to John Grigor, armorer, burges of Elgin, vpone his supplicatione 



302 RECORDS OF ELGIN. [l6S7- 

declareing his trade to be altogidder now usless to him and that he 
most contrive some vther honest trade is receiued freeman and brother 
of gild of this burgh for payment of ten punds Scotts. 

September 29th. Entrie to the gildrie. The Counsell hes ordained 
that in all tymes cuming whosoever shall be receiued burges and freeman 
of the burghe and brother of gild of the same shall pay ten merks money 
to the thesaurer of the gildrie attour the pryce of his freedome to the 
toune. 

October 5th. Articles anent Deaconrie. Articles of condiscendance 
betuix the magistrats and counsell of Elgin and the crafts of the said 
burgh anent deaconrie to be therein but prejudice alwayes of the former 
priviledges and liberties of the said burgh. 

In the first it is condiscended and agreed that each destinct craft 
within the said burgh whereof their is sevin burgesses and freemen of 
the same (to make a compleit counsell) shall have a deaconri. Secondlie 
that the deacone to be chosen yeirlie for each craft shall be litted be the 
counsell of the craft being tu or three on the littes and chosen be the 
magistrats and counsell of the burgh who shall be suorne to be loyall to 
ther magistrats and counsell and faithfull to their craft. Thirdlie as for 
the deacone conveiner he is to be chosen yeirlie hereafter be the 
magistrats and counsell of the burgh out of the number of the respective 
deacones. Fourtlie and ilk deacone to haue sex freemen to be ane 
counsell to him and he with consent of his counsell to receiue non to be 
freemen in their craft but those that be the ssay sheus themselues able to 
be qualified thairin being alwayes first burgesses. Fyftlie each deacone 
and his counsell hes libertie to fynne all faults relateing to his craft and 
if imprisonement be desired of the faulter the reasone being cleired to 
the magistrat that he deserves so, the magistral giues order to doe the 
same and in caise any partie fynned be the deacone and his counsell 
shall find him wronged in that case he is to haue recourse to the deacon 
conveiner and his counsell and in case of non-satisfactione from them to 
have his recourse to the counsell of the burgh and that each deacone 
have all the prentises and servands of his craft presented to him and 
booked before he enter to his craft. Sextlie as for the prycess of the 
entrie of freeman to the craft or booking of prentises and servands to be 
agreed vpone be the deacone conveiner and the deacones and thereafter 
to be approuen be the counsell of the said burgh. Sevintlie as for the 



I657-] TOWN COUNCIL MINUTES. 303 

fynnes and entres aboue-specifiet to be collected and keept be each 
deacone or boxmaster of the craft he is to be comptable to the counsell 
of the craft and deacone conveiner and these accompts to be presented 
to the counsell of the burgh once in the yeir when they are called that 
they may know how they haue bein disposed of for the good of the craft. 
Eightlie as for the last article it is agreed that no craft incroach vpone 
anothers libertie and as for the selling of boots and shoes be merchands 
it is condescended that the merchands injoy their wonted libertie in 
selling the same vntill it be declared what is the fredome of the 
merchands in selling boots and shoes in the burghs of St. Jonstoune, 
Dundie and Aberdeine or any tuo of them. As for selling of sadler 
grath and lorimer worke the merchands to haue their wonted libertie. 
This agreed on vpone the fyft day of October, 1657 yeirs, and is 
ordained to be put in ample forme which is subscribed be the provost, 
baillies and counsell and als be the deacone conveiner and respectiue 
deacones presentlie nominat and chosen in name of their respectiue 
crafts for them and their successors. Subscry ved thus : M. J. Douglas, 
prouest, George Cuming, baillie, T. Calder, baillie, W. Hay, baillie, 
Robert Dunbar ane of the counsell 
Mr. W. Cobane M 

J. Dunbar n 

A. Lesley n 

J. Chalmer n 

Alex r . Petrie n 

Dauid Brodie n 

Jo. Ogilvie, deacon conveiner, Walter Gilzeane, 

deacone of the Hammermen, Johne Chalmer, deacone of the glouers, 
Thomas Ogilvie, deacone of the Tailyors, Andrew Key, deacone of the 
shoemakers, Thomas Cock, deacone of the weavers, and John Thomsone, 
deacone of the butchers, with our hands at the pen led be Alex r . Hay, 
no r ., at our command speciallie required hereto because wee cannot write 
our selves. A. Hay no 3 , attestes James Dick, deacone of the wrights and 
measones. 

October igth. James Tailyour. James Tailyour having married the 
daughter of the deceased James Pringill, eldest son to the deceased 
Alexander Pringill, sumty'm provest of Elgin, is to be received burges 
and freman and brother of gild for payment of ten merks to the 
thesaurer of the gildrie and tuentie punds to the toune thesaurer. 



304 RECORDS OF ELGIN. [1658. 

October 26tfn.Firlots to be sealled. The measures of the firlots of 
barley and meall and pecks conforme presented this day be the Deane of 
Gild are ordained to be sealled accordinglie viz. the Barley firlot threttie 
tuo poynts, the barley peck eight poynts and the half peck is conforme. 

November 23rd. The keys of the tolbooth givin to Rot. Donaldsone. 
Robert Donaldsone accepted the keeping of the keys of the tolbooth 
in the night tyme viz. in the winter at 5 accloak at ewin till eight in the 
morning and in summer from eight accloak at night till seven hours in 
the morning. 

1658. 

February I5th. Conveined in Counsell Mr. Jo n . Douglas, prouest, 
George Cuming, Thomas Calder and Walter Hay, baillies, David Brodie, 
Andrew Leslie, Jo n . Ogilvie, Alex r . Petrie, Alex r . Dunbar, Jo n . Dunbar 
and Mr. W m . Cobane. 

Mercliands and Crafts. The said day the counsel! hes appoynted 
Saturday nixt the tuentie of this instant to meett anent the settling 
of diffrenccs betuix the merchands and crafts to be sett doune be the 
prouest, the baillies aboue nominat Alex r . Dunbar, Andrew Leslie and 
Dauid Brodie, with the deacone conveiner and foure of the deacones, 
viz., Walter Gilzeane, Jo n . Chalmer, Thomas Cock and Andrew Kay. 

At Elgin the tuentie day of Fcbruare I m VI c fiftie and eight yeires in 
presens of Mr. John Douglas, prouest of the said burgh, George Cuming, 
Thomas Calder and Walter Hay, baillies therof, David Brodie, Deane of 
Gild, Alex r . Dunbar, Andrew Leslie, Jo n . Ogilvie, Deacone conveiner, 
Walter Gilzeane, Jo n . Chalmer, Andrew Kay and Thomas Cock, four of 
the deacones. 

Articles betuix merchands and craftsmen. The which day in reference 
to that ordinance of the counsell of the said burghe daitit the fyftein day 
of the said moneth and yeir forsaid whereby the said persones aboue 
nominat were appoynted for settling and composeing certane differs 
arryseing betuix the merchands skiners and vther craftsmen within the 
said bur 1 . The saids prouest, baillies, counsellers and deacones aboue 
mentionat haueing conveined for that effect did vnanimouslie condiscend 
and agree vpone the articles vnderwrittin and did appoynte the same to 
be obserued in all tyme cuming be the forsaids merchands and craftsmen 



1658.] TOWN COUNCIL MINUTES. 305 

within the said burghe as their seuerall privileges relateing and belonging 
to them seuerallie as is vnder exprest viz. 

First. It is agreed vpone that merchands within the said burghe 
may buy wooll skines and sell the same without .libertie to them to pluck 
them or steep them bot onlie to sell them in that same qualitie they buy 
them. And that skiners within the said burghe may also buy wooll 
skines and may pluck them and sell the wooll and alme the skines and 
sell the same within the natione without pouer to them to sell whole 
fleeced skines either within or without the natione in small or in great 
without pouer also to the saids skiners to sell any aimed leather without 
the natione or send them abroad over seas. 

Secondlie. It is agreed that no craftsman within the said burghe shall 
buy to be sold by them any outland or inland commodities except so 
much as will serve for them selues their families their vses in forme and 
maner as is after explained viz. That no craftsman buy any quantitie of 
wooll or yearne or any vther commoditie to sell except so much as will 
serve for his owne vse and his familie in makeing of webs of any kynd 
of stuff or cloath to be sold in wholl but not in parcills except vpone 
publick mercat dayes. 

Thirdlie. It is agreed lykwayes that ane sadler may buy and sell all 
kynds of sadler claith and lorimer worke pertinent to his craft prowyded 
he doe not sell the same in gross but be way of retaleing to persones 
haueing nccessitie to make vse thereof and not to any persone who will 
sell the same thereafter. 

Fourtlilie. It is agreed that smythes of all sortes may buy quantities 
of irone and steill to be wrought be them in their shopes allanerlie 
without pouer to them to sell any quantitie of irone or steill vnwrought 
to any persone whatsumeuer. 

Fyftlie. It is agreed that matellers of all sortes such as pewterars, 
brasiers, tinckers or vthers workers of mattcll may buy quantities of all 
sortes of mattell belonging to their respectiue crafts to be wrought be 
them in their seuerall shopes and work houses allanerlie without pouer 
to them to sell any quantitie of vnwrought mattell to any persone what- 
sumeuer. 

Sextlie. It is agreed that tailyors within the said burghe shall neither 
buy nor sell any merchandice except so much plaiding, harne, lining, 
tuidling, stenting, bleached or vnbleached, threed and all sortes of scotts 

P i 



306 RECORDS OF ELGIN. [1658. 

lyneing, buccrome, with so much silk not exceeding the weight of tuo 
pund with silk ribbons not exceeding the value of threttie punds Scotts 
with silk buttons not exceeding the value of fyftein pund Scotts with 
ane stone weight of balling and that they sell no quantitie of the saids 
commodities nor lend not the same to any of their craft in small or in 
great or make any exchange thereof but allanerlie make vse of the same 
in made work to these persones who does imploy them not being of the 
Tailyor craft. 

Sevinthlie. It is agreed that shoemakers within the said burghe may 
tan and sell sufficient barked leather or make bootts and shoes of the 
same to be sold be them without prejudice to the merchands of the said 
burghe to buy and sell sufficient taned or barked ledder to any persone 
they please with pouer and privilege to the shoemakers of the said burghe 
to buy and sell taned or bend leather bootts and shoes in any place of 
the natione als freelie as the merchands within the said burghe. And in 
case any persone free or vnfree not being resident within the said burghe 
bring any quantitie of barked leather or roch leather to be sold within 
the said burghe that the first offer to buy the same shall be made to the 
deane of gild and deacone of the shoemakers with pouer to the said 
deacone to buye the same in whole or in part for the use and behouc of 
the whole shoemakers within the said burghe at least so many of them 
as shall please to buy to be devydit amongst them at the same pryce 
and no higher as the said deacone buyes the same at first. Also 
condiscendit that in case any persone whatsumeuer offer to sell taned 
or barked leather within the said burghe after he hes made the said offer 
shall be obleiged for the sufficiencie of the said barked leather and the 
stranger to sett cautione acted in the tounes court books for that effect 
and for makeing up of all prejudice to the parties damnified by the 
insufficiencie of the leather, And further to be censured by the magis- 
trates and counsell of the said burghe. 

Eightlie. It is agreed that weavers may buy and sell woll and yairne 
and vther commodities for their owne vse and mak cloath thereof and 
sell the same in great but not to retale the same but vpone publick 
mercat dayes. 

Nynthlie. It is agreed that no butcher within the said burghe shall 
buy any number of cowes or oxen brought to this burghe to be sold 
betuix publick mercat dayes vntill first the offer of the saids cowes or 



1658.] TOWN COUNCIL MJNUfES. J67 

oxen be made to the deane of gild of the said burghe and deacone of 
the saids butchers and published be his order to the wholl inhabitants of 
the said burghe that they may buy of the saids cowes or oxin for their 
particular vses and till that tyme the saids butchers doe not presume to 
bargane for the samen. And also that no butcher buy or sell any hydes 
or skines but such as they kill themselues but prejudice to them to go to 
Rose or Sutherland or any where els to buy cowes oxin or sheep as they 
are able. 

Tentlie. It is agreed that no craftsman within the said burghe not 
being ane merchand shall buy to sell any commodities except so much 
as shall serue and be applyed to their owne particular vses as saidis: and 
thir presents are ordained to be registrat in the counsell books of the 
said burghe and in testimonie of this agreement the saids persones haue 
subscryved the same day, yeir, moneth and place forsaid. Subscryuit 
thus : Mr. J. Douglas, T. Calder, W. Hay, A. Dunbar, A. Leslie, Dauid 
Brodie, J. Ogilvie, Walter Gilzean, Johne Chalmer, I : C : At command 
of the abouewrittin, Androw Kay and Thomas Cock, deacones. I, 
Alex r . Dunbar, notare publick, haue subscryvit thir presents because 
they cannot write. A. Dunbar. 

March I5th. Act Cawie for his freedome. The Counsell hes con- 
discended to mak John Cowie, tincler, burges and freeman of this burghe 
for keeping of the toune clock in good order dureing his lyftyme the 
Counsell alwayes furnishing him irone and other necessars for the vse of 
the clock allanerlie. 

April 24th. Letter from Geo. Gordone and Barclayes discliarg. 
Discharge presented anent the moneths mantenance to the factors of 
Camphere for the kings home bringing. 

May 3rd. Janet Couts. Jannet Coutes is ordained to be jogged and 
banished with a paper on her head to show hir fault which is swearing 
and for swearing, lyeing and slandering. 

June 7th. Letters from Man and Monck. Delyvered to the clerk 
ane letter from Lieutenant Man with ane vther from Generall Monck 
anent the cess. 

Beds to the Troupers. Two beds to be sent to the troupers at 
Thomas Calders house. 

July and. Tolbaoth locks. John Ogilvie, thesaurer, receiued tuo 
hinging locks of iron with keys belonging to the tolbooth. 



308 RECORDS OF ELGIN. [1658. 

July 1 2th. Releasment Campbell. The prouest delyvered to the 
clerk ane discharge from Albert Mollisone, merchand in Aberdein, 
concerning the releasement of Jeane Campbell, Ladye Newtoune, out of 
the tolbooth of Elgin. 

August 28th. Jo/me McKeane declared vnfreeman. John McKeane 
being conveined for his contempt of the order issued from the Magis- 
trates for bringing in of horse for payment to carie burne for quenching 
of the fyr at the west porte by taking his horse violentlie from the officers 
and for his miscarriage to Thomas Caldcr, baillie, the Counsell ordained 
his burgeship to be takin from him and his booth dore to be closed up 
and his persone to be committed to prisone till he pay ten punds Scotts. 
John Forsyth, officer, did calk the boothe doore by making ane croce 
thereon and made intimatione thairanent that it wes closed vp the said 
John McKeane being now ane vnfrieman. 

August 3 1 st. Leslies miscariage and ryot. John Leslie, merchand, 
for blood and blae giving to John Lamb, merchand, and for his great 
miscarriage done in presence of his magistrates .is ordained to pay 
tuentie punds to loose his burgeship and to be imprisoned durcing the 
magistrates pleasure. 

Lambs miscariage. John Lamb for his ryot committed against the 
said John Leslie and for his miscarriage in prisone in offering to break 
the dores is ordained to pay ten punds and to be imprisoned till payment 
and to loose his burgeship. 

September 6th. Kearters anent their dogs. The kearters and vthers 
that caries dogs alongs with them vnneccssarlie to the countrey for peatts 
and turffs are commanded not to take them allongs with them hereafter 
vnder the paine of fyuc punds Scotts for the first fault. 

Anent lint, hemp or peitts to be remoued within fyre houses. It is 
ordained that publicatione be made that all who haue lint, hemp or 
peatts about or near the fyre shall remove the same within 48 hours 
vthcrwayes the same shall be takin from them and giwin to the hospitall 
and themselves punished with rigor. 

September i7th. Lord Richard proclamed Protector. Elgin. The 
said day the Counsell of Estates their order anent the proclameing of 
Lord Richard, eldest sone to the late deceased Oliver, Lord Protector, 
to succeed to his father in the government wes published at the mercat 
croce of the said burghe the day aforesaid about eight aclock in the 
morning. 



I6S9-] TOWN COUNCIL MINUTES. 

September 27th. Act anent old inhabitants. Wrights, measones, 
glaswrights, coupers, bowers and clubmakers are to have a deacone 
without prejudice to the old inhabitants of each craft who are not able 
for the present to make themselves burgesses to work for their lyvliehead 
as formerlie and to have no power over them but to be judged by the 
magistrats. Deacons chosen by the counsell one each for the hammer- 
men, glovers, taillors, shoemakers and weavers. 

December 27th. Letter from General Monck and Sam. Diskroiv. 
Ane letter received the said night about xi acclock at night from 
Generall Monck and Samuell Diskrowe for sending ane commissioner 
to the parliament at Londoun. 



1659. 

January 15th. Andrew Leslie to go to Innernes. It is condiscended 
that Baillie Leslie shall goe to Innernes agane Tuisday nixt anent the 
choising of the Commissioner to the parliament and to delyvcr ane letter 
to the Erie of Murray anent the plantatione of the kirk of Elgin. 

Kings Colleg of Aberdeine. King's Colledge of Aberdein anent the 
supplie crafeit be them for their new structure to the said college. It is 
thought fitt to write that they will take the supplicatione to consideratione 
when they haue [? completed their] awin church. 

Vintners charged. It is ordained that Andrew Young, messenger, be 
send to Banff, Boighead, Cullen, Keith and vthcr places in Banffschyre 
where wyne is vented to be chargit to make payment thairof. 

February 7th. Tutor of Duffus etitrie. The Counsell accepts of the 
old yeards fra the tutor of Duffus and to give him his entrie to the 
quarter of Mostowie tuo aughten parts etc. and when he is enterit to 
dispone and resigne auld yeards to the toune and referrs the entrie to 
his discretione. 

Act for regulating the crafts. The Counsell finding ane actt of the 
date the 23 day of Junij I M . VI C . and nyntein yeires regulateing the crafts 
they now adheare to the said Act vnles ane later act be presented and 
the old Act to be newlie insert in the book. [Not insert] 

February I4th. Piece ground to be rouped. The peice ground be 
north to Smiddie Hill to be roupit. 



3io RECORDS OF ELGIN. [1659- 

Nezv pecks to be sighted. It is ordanit that the new pecks be 
presented to the marcat on Fryday come eight dayes and to make 
proclamatione therof on Fryday nixt and tuo baillies to see the pecks 
before they be sealled. 

February i/th. Charter subscryvit to the Tutor of Duffus. Ane 
charter of ane quarter of Mostowie tuo auchtin partes half of Croftcroy 
and half of old milne houses wes subscryvcd to the laird of Kinminitie 
and he subscryved ane renunciatione to the toune of a peice land called 
the old yeards. 

February 28th. Alex*. Glass, violer. It is condiscendit that Alex- 
ander Glass, violer, shall have libertie to build ane house beyond the 
Maltfoord on Tyock on the tounes commontie payand nothing the first 
yeir and yeirlie thairafter at the counsell's discretione and with this 
conditione that if he brew and receiue vagabons and honest mens 
servands his house immediatlie thereafter to be pulled doune. 

March I4th. Writes givin to the Prottest. Mr. John Douglas 
presented the double of the agreement betuix the toune of Elgin and 
pryour of Pluscarden anent the old milnes of Elgin and ellevin peice 
of papers and informatione theranent. 

Fleschers to be cited. John Thomsone, Alexander Thomsone and 
William Petrie, fleshers, to be sumondit this day aught dayes for 
transporting of cattell to Innernes. 

March 2ist. An. Hamiltounes depositione. Andrew Hamiltoune lies 
declaired vpone oath that he hes not rune nor wented more nor fyue 
punshiones of wyne and tuo rindells of seek at sevintein poynts the 
peice betuix Lambes, 1657, and Candlemes, 1659, for which he hes 
payed fyue punds for the saidis fyue punshiones and William Tarres 
is to pay for the rindells of seek. 

March 26th. Fleshers. John Thomsone absolued, Thomas Watsone 
absolued, William Petrie confest the transporting of ane cow from 
James Young, ane from Bessie Watt in the Colledge, ane from William 
Alexander in Argy, and ane quoyack out of Mostowie, and confest 
Alexander Thomsone wes pairtner. 

March 28th. Fleshers fynned. William Petrie and Alexander 
Thomsone, fleshers, fyned 403. ilk ane of them. All the fleshers are 
become acted not to transport any bestiall or goods or any slain meatt 
to Innernes in tym cuming vnder the painc of tuentie punds. 



I659-] TOWN COUNCIL MINUTES. 311 

Lawborrowes contra the Inhabitants of tJte College. The Counsell 
ordaines laborrowes to be raisit before the shereff against the inhabitants 
of the college of Elgin. 

James Calder, officer, discliarged from his office. James Calder is 
dischargit to exercise his office till forder order for his neglect of 
Andrew Duff and Alexander Forsythe, prissoners. 

April 4th. Sam. Mosely. It is ordained that Baillie Brodie shall 
take 39 punds to Samuell Mosley for the impost of the wyne betuix 
the feast of Candlemes, 1658, and Candlemes, 1659. 

Anent the building of the new kirk. The Baillie, Johne Dunbar, and 
Jo". Ogilvie appoynted to goe with Mr. Murdoch McKenzie to the land- 
wart heritors of the parioch of Elgin to require them to meett at Elgin 
the fourtein day of Aprile instant for takeing course ancnt the building 
and repairing of the new church and prowyding anc manse and the Eric 
of Murray to be write for that effect. 

April 25th' James Pedder discharged of the mortcloath to his wyfc 
in respect she is ane magistral's daughter at least sumtym his pre- 
dicessor. [Inventar tounes wreates here recorded.] 

May 2nd. Act anent fleshers. John Glass accused for bringing ane 
vnsufficient beast in ane keart on Fryday last ordained that he be 
imprisoned till he pay four punds and also it is ordained what euer 
flesher hes or buyes either kid or lamb, moorfull or vther of that kynd 
except for thair awin meatt within the toune to be confiscat. 

May 1 6th. Horning contra the shereff from judging the inhabitants 
of Elgin. Mr. John Hay presented the letters of horning chargeing the 
Shereff to desist fra judgeing the inhabitants of Elgin. 

Playing with bullets. It is ordained that ane bank goe through the 
toune dischargeing all persones within this burgh to play with the irone 
bullets within the tounes liberties vnder the paine of fyue punds. 

The Counsell ordained John Ogilvie, thesaurer, to take fiftie merks of 
the contributione to the strangers beyond sea and to lend vther fiftie 
merks to William Andersone, thesaurer for the church, for paying of 
James Smythes accompts restand to him. 



312 RECORDS OF ELGIN. [1670. 

The title-page of the new Minute Book bears the following: 
Counsell Book of the burghc 
of Elgyn begun vpon the iith 

of July 1670 
Presens huic operi sit gratia pneumatis 

almi 
Me jubet et faciat complerc quod vtile fiat. 



1670. 

July nth. Act for James Calders payment for attending the Par- 
liament. The Counsell have condescendit that James Calder shall have 
for his debursements and paines at Parliament being fourscore one dayes 
and ane week at the borrowes the soume of tuo hundreth merks. 

Act for payment to James Calder for militia. The Counsell hes 
appoynted Robert Innes, thesaurcr, to pay to James Calder three 
hundreth sex pounds 133. 4d. Scotts money conforme to ane particular 
accompt givin in be the said James to the Counsell for the number of 
the arms to the militia of the said burghe. 

July 25th. Mostowie Brodie. Bailie Stewart [and others] appointed 
to goe out to the greenes of Mostowie and to sie the marching of the 
bounds that the toune is disponning to Frances Brodies elder and yo r . 
and Tuesday comes eight dayes is appoynted to goe out either befor or 
after sermon. 

Dunbar Borrowes. Bailie Dunbar reported his dilligence frae the 
Convention of Borrowes with ane litle paper book containing the articles 
betuixt the borrowes and the stepple port at Dort.* 

Mortcloth. The pryce of the mortcloath within toune to be four 
punds and ten merks to be payd for the same without toune and the old 
mortcloath to pay within toune 40 shillings and thrie lib. without toune. 

October 3rd. Casting Messindew Cattails. James Winchester, 
physcall, ordained to caus summond all these to the Court that hes 

* Bruges was for long the staple port. It was removed to Campvere, May, 1444, upon the 
marriage of Mary Stuart, daughter of James I. and sister of James II., then King of Scotland, 
to Wolfred van Borselen, Lord of Campvere. Antwerp became the staple port in 1539 and 
Middleburg in 1541, but the latter contract never took effect, and by 1548 at least Campvere 
was restored to its former position. It was removed to Bruges in 1572, to Calais in 1574 and to 
Campvere in 1578. After the peace of Breda, Dort was the staple port, and, in 1676, Campvere. 



1671.] TOWN COUNCIL MINUTES. 313 

casten the greines of the cattails and also to persue the tennents of 
Messindew for casting of the green ground and ane bank to be beat that 
no persones cast the greines of the cattaills herefter. 

October 24th. Jo n . Chrystie, burges. The said day John Chrystie in 
the Mearnis was admitted and received burges and frieman of the burghe 
and brother gild therof for payment of fourtie punds money. 



1671. 

February 6th. Old yeards set. The thesaurer hes sett the old yeards 
to James Brebner for payment of three libs. Scotts. 

February 2/th. James Hatmaker fyned 20 lib. James Hatmaker, 
glover, fyned by the Counsell in the soume of tuentie punds Scotts 
money for his bygain vnfrie trading and appoynted to be putt in prisone 
vtherwayes to sett suretie for making himself frieman of the said burghe. 

April 24th. Robert Donaldsone anent the Cattaills. By consent of 
counsell Robert Donaldsone is to have possession of the Cattaills for the 
space of nyntein years for payment yearlie of the soume of fourtie tuo 
punds Scotts. No bestiall to pasture within the saids Cattails in tyme 
coming without the consent of the said Robert. 

May 8th. Act Building in the streit. It is enacted by the Counsell 
that no heretor or inhabitant within the burghe shall build anie hous to 
the street of the said burghe in tyme coming beyond the limits without 
the said counsell their speciall consent. 

June 5th. Anent the heretors of the colledge. It is appoynted that 
the provest and bailies with a certain number of the counsell meet with 
the heretors of the colledge for ordering ther part of the militia. 

The Counsell have appoynted to met the morn efter sermon and to 
goe out for viewing the bounds of the Cattails. 

Alexander McKeun fyned by the Counsell in fourtie shillings Scotts 
money for his disobedience in not convoying the magistrals with the 
judges and for contumacie in not compeiring to the court when cited for 
that effect. 

June 1 2th. Forsyth anent the militia. John Forsyth, officer, indweller 
in Elgin, is become wiilinglie actit that in all tyme herefter he shall 
keep and observe the militia dayes and vther mustering dayes of the 
randivoes whenever required and that vnder the pain of tuentie punds. 

Qi 



314 RECORDS OF ELGIN. [1671. 

Bailie Ogilvie and Bailie Rutherfurd with the thesaurer appoynted 
by the Counsell to goe to Urquhart with the tounes militia for meeting 
the young Lard Innes there. 

The Counsell hes appoynted the dean of gild to caus make vp new 
meal pecks and to caus gird the same with irone and to enlarge the peck 
a peck more then the boll. 

June I pth. The Counsell hes appoynted a certain number of the 
Counsellors to speak to Andrew Rose anent his setting suretie that he 
shall not break ward and that preceisly again the old mercat day vther- 
wayes the Counsell ordaines that therefter he may get irones and that 
thcr be upon the mercat day and mercat even ane guard sett on him of 
ten men nightlie. 

June 26th. Gordoune to remove fra this place. Christan Gordone, 
daughter to John Gordone, gravemaker, is become acted to remove from 
this place within fourtie eight hours vnder the pain of tuentie punds. 

July 3 1 st. Duncan his punischment. Alexander Duncan for his 
miscarriage to Robert Rutherfurd, bailie, is appoynted to be putt in the 
iron gage during the Counsell's pleasure for saying and swearing that 
both he and the rest would lay doune ther armis. 

Theis that goes to Forres. Bailie Ogilvie and Robert Innes appoynted 
to goe to Forres one Wednesday nixt to the Randiwoos. 

September nth. Act against lint, peattes, heather or firr above the 
fyre. It was enacted by the Counsell that no inhabitant within the said 
burghe shall keep aither lint, peats, heather or firr above ther fires or 
within their duelling hous in tyme coming and that under the pain of 
banishment of ther persones and confiscatione of the lint and vthers abov 
prohibited. 

October 2nd. Making up of pecks. The Counsell have condiscendit 
that the pecks maid up be the deangild salbe sex gudges. 

As to ane minister to the new kirk to be spoken of hodie ad octo. 

Rot. Innes chosin baillie. In respect that Baillie Ogilvie declaired 
that he haid giuen ane rash oath the counsell ordain him not to carrie 
publict chairge as a baillie this yeire and have easit him. Robert Innes 
choysine baillie this yeire. 

November I2th. Ane bank anent the cess. Ane bank to be beat 
throw the toune that all these persones that comes not in to pay ther 
cess this day in the efternoone salbe quartered upon for ther deficiencie. 



1672.] TOWN COUNCIL MINUTES. 315 

Anent idle persones. Evrie baillie with a counseller to goe throw ther 
severall quarters and taike the names of such idle persones and strangers 
as hes come in to the toune to duell in without consent of the magistrates. 



1672. 

January 22nd. The customers past of ten punds. The Counsell 
passes the customers of ten pund dew be them for the meall of the 
laiche tolbuith in respect the mercatts hes bein so bad. 

April roth. Mark Boynd admitted frieman. Mark Boynd, sone to 
umquhill Wm. Boynd, mesin, wes receaued and admittit burges and 
frieman of this burghe upon the accompt that he hes taiken on to be a 
sojor in the present levie for the toune of Elgin frielie and the said Mark 
is become acted in the said Counsell buiks that he sail not remoue from 
this place or flie therfrae in anie tyme heirefter whenever he salbe called 
for and that vnder the payne of banishment frae this place. 

April 22nd. Anent tua moneths cess. It is concludit that tuo moneths 
cess be presentlie collected for outrigging of the tounes proportione of 
the tuo and fyftie men and for uther chairges.* 

May 27th. The Counsell appoyntes that upon the 29 Maii the 
counsel! and toune goe throwe the toune as formerlie without bondfyres. 

June 1 7th. The Counsell hes concluded that the Laird and Ladie 
Pendriche salbe in the militia in the toune of Elgin's proportione to be 
for a man and ane halffe and the clerk to wreat ane lyne to her as to his 
purpose vtherwayes quartering will follow and to pay for the heall 
muster dayes bygane. 

July 22nd. The Counsell haue condiscendit that ther salbe a pairtie 
of the militia sent to quarter upon the Laird and Ladie Pendriche for 

*At Forres, the 17 off Appryll, 1672, conveined the said day the Earle of Murray the 
Lo / off Duffus &c. The sds commissioners efter severall debattis anent the sowme of money to 
be alloved for the furnisheing the bodie of the man and his furnitour conforme to the Act of 
Counsell of the proportion of men imposed ori this schyre for the present Lewie of ane thousand 
men to be lewied out of the Kingdome for 1 is Majesties service did agree that the sowme be 
thrie scoir punds Scots to be payit be the sewerall adjunctis to the leader and befoir the tuentie 
tuo instant wnder the payne of quartering and doubling of their proportiones and that the leaders 
sail have pairties of the Melitia to quarter on mair defficient adjunctis also it is agreed that the 
sowme to ilk sojor for convoying him to Bruntilland be tuentie marks money wherof fourteine 
marks money be payit to the convoyes and sex marks to the sojore. Extract be me Jo". Ogilvie, 
clerk. (Miscellaneous Papers in Town's Gadget.) 



316 RECORDS OF ELGIN. [1673. 

ther bygaine deues deue to the toune anent that man and ane halffe out 
of the lands of Divilligreine and also to quarter anent the deus for the 
blew coatts. 

James Winchester, frieman. James Winchester, eldest laufull sone to 
John Winchester, taylior in Elgin, wes reseaued burges and frieman of 
the said burghe and gild brother therof for payment of fyue shilling 
Scotts and ane penie purse. 

September 23rd. The Counsell haue condiscendit that no persone 
salbe upon the Counsell except them that hes to tyne or wyne in the 
place. 

October I4th. Baillie Innes [and others] appoynted to speake with 
some men and agrie with them anent the casting of the foord of Tayick 
besyd the lands of the Panns. 



1673. 

January I3th. -Anent chairge givin be the Shereff to the toune. Ane 
chairge giuen be George Troup, messenger to the toune, anent the 
Shereffe Murray anent ane ounce of peper and the cadget to be looked 
out and the great charter theranent. 

January 2oth. The thesanrer appoyntit to pay James Calder. Baillie 
Innes appoynted to pay in to James Calder the tounes commissioner for 
his last goeing to the Parliament in Jully last ane hundreth punds Scotes 
and taike his reset theron. 

January 25th. The commissioners to meitl for revising the stent rolls. 
The old stenters to meet on Tuesday nixt for reviseing of the stent roll. 

January 28th. The clerk hes the contract of the excysse for this 
yeire betuixt the toune and James Winchester. 

February loth. Ther wer put in the cadget the fyue severall dis- 
chairges of the taxatione grantit to his Majestic in anno 1665 yeires 
with the dischairges of the excysse grantit fra Baillie Ogilvie to the 
toune and for anno 1672. 

March I2th. To visit the mairches. The baillies and the counsell 
with severall old men to the toune appoynted to goe out the morne efter 
sermon to visit the merches of the moss of Mostowie and Whitfield and 
to visit the bounds of the moss of Glasgreine. 



I673-] TOWN COUNCIL MINUTES. 317 

May ipth. Lawborrowes to be aganes Francis Brodie. The Counsell 
hes condescendit that iff Innerlochtie y r . sail cast anie more of the stank 
or of the peatts of Mostowie that wes arreisted that ther be a chairge of 
lawborrowes laid on. 

The Counsell have appoynted that the baillies and counsel! sail goe 
up and doune the streets upon 29 Maij with the people and that the bells 
ring efter denner. 

June pth. Anent Francis Brodie and his peatts. The Counsell con- 
discends that the peattes castine be Francis Brodie and his tenantis in 
the moss of Mostowie that the dryest of them salbe ledd and the weet 
peatts to be castine in the potts. 

June 23rd. Anent the conventione of borrowes. The counsel! does 
condiscend that ther salbe onlie a lyne of excuse wreittine to the Con- 
ventione of borrowes at this tyme inrespect they haue no commissioner 
to send throw the want of a prouest at the tyme by death. 

June 3Oth. Laird of Innes entrie dispensit frielie. The Counsell hes 
past the Laird of Innes his entrie frielie inrespect of the former com- 
positione given be the Laird Innes to the counsel! and also for ther 
kyndnes to the Laird upon several! accomptes. 

July 2 1 st. The Shereff to see the reddendo in tlie great cJiartonr. The 
Counsell appoynts the magistrals to let the Sheriffc sic the reddendo in 
the great Charter and no more. 

John Forsyth for his miscariage to Sir George Monro's man the 
Counsell appoynts him to pay 6s. sterling and to be put in the goigs 
upon Fryday and to stand fra nyne hors to elevine hors. 

September 22nd. Electione of the magistrals. George Cuming [and 
19 others] present. All the members of Counsell continoued this yeire 
except Alexander Hosack and Nicolas Brodie and the Counsell haue 
condiscendit that ther salbe but sevinteine persones upon the counsel 
this yeire. All that are present suorne for faithfull keiping except 
Alexander Dunbar and James Calder. Lites for the prouestrie : George 
Cuming vnanimouslie choysine prouest for this yeire. Lites for the 
baillzarie : John Ogilvie, Robert Innes, James Chalmer, Robert Donald- 
sone. Baillie Ogilvie and Baillie Donaldsone easit for this yeire. Baillie 
Innes and Baillie Chalmer continoued. Baillie Stewart and Baillie 
Rutherfuird choysine in the former Baillies place for this yeire. Deane- 
gild. Peter Chalmer and John Spens. John Spens choysine for this 



3l8 RECORDS OF ELGIN. 

yeire. Thesaurer. Robert Innes, Peter Chalmer, Alexander Russell. 
Peter Chalmer choysine for this yeire. Clerk. John Chalmer and his 
sone to supplie him. Phiscalls. James Winchester and John Torrie to 
assist him for this yeire. Lynsters. Alexander Smyth, Alexander 
Geddes, James Young, James Fentone, elders, continoued this yeire. 
Visiters of the Flesh mercat. James Winchester and John Torrie 
continoued for this yeire. Mr. of the Hospitall. Alexander Russell 
continowed this year master of the Hospitall. Officers. Robert Kear, 
George Gray, John Robertsone, Androw Donaldsone reffered to the 
Head Court and to the present magistrats. The saids officers are 
continowed. John Torrie hes the keyes. The officers appoynted heir- 
after to give in the keyes of the tolbooth to the keeper nightlie be four 
acclock and not suffer anie men come in to tolbuith without a particular 
order from the baillie. 

October 6th. Rouping of thrie crofts and old zairds Rouping of 
Guiscruik. Ther is thrie crofts belonging to the Hospitall of the toune 
of Elgin with the auld yeards belonging to the toune rouped that day 
and to be put in the bank. The goose cruck and the piece ground to 
the westward of it besyde the fuird of Innerlochtie to be rouped. 

Act anent wnfriemen. The former Act anent vnfriemen and strangers 
that arc not ordained to brew is ratified. 



1674. 

February pth. Laird of Grant Ids compositione. Ludovick Grant, 
now of Freuquhie, his compositione as are to his father of the baronie of 
Kirdels componit to the double of the feudutie. 

Ane bank to be beat that no inhabitantis tak anie clay out of the 
clay potts or anie place of the haucheland of Elgin. 

June 8th. Anent the coives. The counsell ordaines that ilk cow and 
calfe that enters the cattaills sail pay for summer grass and keeping sos. 
Scotts and none to hawe butt ane cow and hir calff and non to enter 
wther goods and to be payit at ther entrie. 

The peats castin be Gawin Watsone in the Calffe ward ordanit to be 
arreist and intimat to him. 



1674-] TOWN COUNCIL MINUTES. 319 

June 1 5th. The Counsell appoints the whole peats castine in the 
moiss of Glasgren to be castin in in the potts except those that hawe 
warrand from the Counsell being inhabitants within this burgh. 

The Counsel condiscendis that Mairie Dunbar, prissoner in the Inner- 
hous, inrespect of hir being ther with severall men does out of fawour to 
hir grant hir liberatione from the inner hous to the hous abow the samyn 
how sein the dore lock and chambers of the said roume be helpit. 

June 22nd. The Counsell appoynts that no howsses be buildit one 
the trinitie churche dyck in tyme cuming without the counsells ordor. 

June 29th. This day eight dayes appoyntit for ryding of the marches 
being the sext day of July nixt to come. 

July 22nd. Anent the bells. It is condiscndit that the great bells be 
onlie rung at the tyme of the defuncts deceass and instantlie about the 
tyme of the lifting of the corpes. 

Tlieis to go to Mostowie. Baillie Innes, baillie Chalmer, James 
Winchester and als many of the toune as they pleas to call to goe to 
Mistowie this day and to tak cours with the fire. 

Jo". Brodie hes tane the goosecruik. John Brodie hes taine the 
Guiscruik as it is presentlie pottit for three years being 6s. rent yearlie. 

August 3rd. Alexander Brodie hes gottin libertie to build ane buriall 
place one the syde of the Trinitie Churche yaird dyk. 

September 2 1 st. Gordon and Smith few dueties. Williame Gordone, 
shoemaker, agrees to pay 6s. Sc. yearlie as few deutie of his fore chop 
presentlie builded be him to his borrow roods perteining to him upon 
the south syde of the said burghe and Alexander Smith, smith, to pay 
l6s. Sc. as few duetie yearlie out of ane forehous or chopes buildit upon 
the south syde of the burghe. 

October 19th. James Winchester is appoyntit to sumond all thes 
that traids with wnfrie men. He is also appoyntit surveyor and collector 
of the excyse this insueing year. The counsell appoynts all these that 
sells brandie to be sumoned to Wednisday nixt. 

November 2nd. The baillies with the collector to revise the toune 
the morne for aill and aquavytie wpon hand and James Fentone y r . to be 
surveyor and James Winchester to survey till his home cuming. 



32O RECORDS OF ELGIN. [1675. 

I675- 

January 2nd. The Counsel! hes past James Andersone, merchant, of 
ten pund Scotts wherin he ves debtor to the toune for the libertie and 
frcdome alloved him for building his hbus to the streit. 

March 8th. To wreat to the bishop of Rose. The clerk is appoyntit 
to wreat to the bishope of Rose to enter to his lands of Barnathills 
wtherwayes to giwe him ane chairge of horning and to acquant the 
Laird Pettindrich. 

March 29th. To remember that the Counsell speak anent the 
manses of the colleidgc. 

Ane bank to be beat for keeping of the corne as formerlie. 

Collectione for Mr. James Hamiltonne. The Counsell ordaines thes 
that paycs not the cess for Mr. James Hamiltoune that the baillie of ilk 
quarter goe along with ane counsel lar and collect the same and wha 
refuses to be presentlie wardit. 

May 1 2th. Ane letter receawit fra Mr. Robert Gordone in name of 
his mother for 200 cairtfulles of peatts this year out of Mistowie. The 
Counsell grants libertie onlie for this year for ane hundreth cairtes full 
and no longer to be cassin be Mosstowe men to be appoyntit be the 
magistrates. 

June 28th. To visit the moss of Glasgrein. It is appoyntit that the 
Counsell goe to Glasgrein and wisit the moiss and arrcist all ther peatts 
that hes not warrand to cast and to goe the morow being Tysday efter 
sermone continowit till the nixt day anent the moiss and greines of 
Mistowie and other places and the peatts to be cassin in the potts. 

July 5th. John Glass dischargit of his fridome. John Glas, flesher, 
as ane wnfrieman is dischargit from treading. 

July iQth. The Clerk has receavit 40 merks for the entrie of James 
Chalmer of Pettinsear. 

August 2nd. Anent Glas. The Counsell allowes taking Robert Glas 
out of prisone. He was fynt formerlie for dinging his vyff for going to 
the conventicle. 

The toune hes appoyntit that ane pundler be appoyntit and that he 
be payit for the tyme he serves. 

September 27th. The crafts supplication. Supplicatione giwin in by 
the deacons and representatives of the whole trades and crafts of the 



1676.] TOWN COUNCIL MINUTES. 321 

burgh crawing that the counsel! would admitt to them ane deacon 
conveener to be one of their number, if not alreadie in counsell, who 
might (for ane better vnderstanding betuixt the said counsell and trades) 
be ane instrument for obviating of misrepresentationes betuixt the 
counsell and them and fpr settling the quiet and peace of the people. 
The magistrates and heall members of counsell did vnanimouslie with 
one consent for the furthering and flurishing of manufactories and trades 
within the burgh grant the desyre of the said supplicatione. James 
Chalmer, glover, one of the present counsell, appointed Deacon Convener. 

October nth. Anent the lint and the guard. Ane bank to be beat 
anent the lint and anent the guard and that no servants but masters be 
presented to the guard and that no stranger beggeris, young or old, 
reside within this burgh nor non recept them vnder the pane of ten 
punds toties quoties and imprisonment of their persones. 

October i8th. Anent the guard when Coldcotts and vtheris brak the 
tolbooth. Ane not of the guard when Coldcoitts and wther prisoners 
brake the prisone and escaped the sexteint of October, 1675 : William 
Layng [and 7 others], 

1676. 

January loth. Anent the ringing of the bells. The Counsell hes 
appoynted that the great bells shall not be rung till the thesaurer giwc 
order to ring them and to pay 405. for strangers for ilk ringing besyd the 
belmans paines and the inhabitants to pay tuentie s. for ilk towing by 
payment of the officer the bell being towit ane quarter of ane hour at ilk 
tyme. 

May ist. Caldcotts. The counsell hes appoynted that ane pairtie be 
sent to search for Coldcoitts. 

June 5th. John Peddisone, drumer, to gett onlie eight pund quarterlie 
and to serve the toune in all other things they have adoe. 

Baillie Rutherfuird for Cattails. Baillie Rutherfuird hes accepted 
the hous wher the cotter man duells upon the Cattaills and yeard with 
the peice muirland for thrie years for payment of sex punds Scots yearlie 
with grase be east and be north the hous and yeard. 

June 1 2th. It is appoynted that the officers goe and search for 
Alexander Clerk, Robert Elleis and George Gordone for breaking of 

R I 



322 RECORDS OF ELGIN. [1677. 

ward and if they cannot be apprehendit ane bank to be beatt that who 
rcsetts them or giwes them meat or drink to be taken to ward. 

June ipth. The Counsell hes appoynted Alexander Gilbert to be 
tane to the tolbuith till he pay ten merks for the mortcloath and bells to 
vmquhill Wm. Robertsone. 

June 2ist. Information to the Commissioner. Informatione to the 
Commissioner of borrovves : To plead for ane ease of the taxt roll 
in respect James Calder, laird of Muirtoune, who wcs the great merchant, 
is removed from us. 



1677. 

January i5th Major Beatman hes taikin the Marivall grass and 
brea for the insueing year for the dewtie of sex punds 8s. Scotts. 

May 1 4th. All the brewers within this burgh, colledge and Old 
Milncs therof inhibit and discharged from brewing in tyme comeing till 
further order from the Earle of Murray. 

July 2nd. Ane bank to be beat that na huiks fie themselffes without 
this burghe this harvest vndcr the penneltie contcnit in the statutes and 
all furder punischment the Counsell sail inflict. 

August 6th. The Counsell appoynts the peattes cassin besyd or be 
cist Duffus hillock to be cassin in the pottes this day be ane efternoone. 

John Mitchell, glover, agrees to pay tuo s. Sc. as feudutie of the 
foirchop buildit be him benorth the stair of the peice land called the 
Baikhous. 

August 25th. The Counsell thinkes necessarie to have ane guard 
nichtlie and whoever withdraves him eftcr he is sumondit he is to pay 
thrie punds without mitigatione and none but maisters to watche and 
that all the inhabitants with the guard sail have their airmes fixit and be 
rcadie at the knell of the bell. 

September 3rd. John Torric, writer, his charter of the Calfe ward 
subscryvit be the Magistrals and Counsell for which the thesaurer hes 
receiwed 100 merks of grassum. 

December i7th. The wolt under the new church is sett to Thomas 
Noble, merchant, for payment of tuelve punds yearlie. 



1680.] TOWN COUNCIL MINUTES. 323 

1678. 

September Qth. The thesaurer hes received 100 merks from the 
Bishops of Ross and Galloway for their entrie to their proportione of the 
lands of Barflethills with 200 merks for bygane few duties of the said 
lands, 1670-1678. 

October 8th. Alexander Symmer, cheapman, Duffus, admitted free- 
man on payment of 50 merks Sc. who gave his oath with ten marks to 
the Dean Gild. 

1679. 

May 1 2th. The Counscll appoynts Gavin Watson to sett the steppis 
ef Lossie at the Palmerfuird in the same place where they stood formcrlie 
and to cause lay theise stones takin out of the dame where they were 
formerlie betuixt this and this day eight days under the paine of ten 
pundis. 

May 26th. The Counsel! hes vnanimouslie condiscendit that Mr. 
Collein McKenzie, brother german to Sir George McKcnzie, his Majesties 
advocat, salbe established as the toune of Elgin's advocat and get ane 
yeirlie pension for his paines which wes fiftie marks for himself and ten 
merks for his servand zeirlie. 

July 2nd. The Counsell appoynts the thesaurer to giw to Baillic 
Innes 500 pundis Scotts anent the action persewit be thame agaynst 
Myltoune and he agaynst thame and for defraying and paying the tounes 
equie and missive dewcs and suspending Miltounes lawborrowis agaynst 
the toune. 

1680. 

January 1 2th. Act anent John Winchesters fair hous. Supplicatione 
giwin in be John Winchester, merchand, anent the building his foir hous 
to the street. The Counsell granted him libertie he not prejudging the 
channel! nor streat. 

March I5th. Act anent the gaird. The Counsell appoynts from the 
dait heirof allewin men to keip gaird in the laich tolbuith and to enter 
therto be sewin aclock at night and to continow till sex aclock wnder 
the paine of fyw pundis Scottis money. 



324 RECORDS OF ELGIN. [1680. 

March 29th. Tack and raitts of the Scheambills to James Winchester. 
Tack of the scheambills to James Winchester for ane yeir for the soume 
of thrie score punds Scotts money the raitts due to him to be conform to 
the Alphabet agreed upon : Each ox 2s. 8d., each cow 2s., each huddrone 
veall is. 6d., each sucking veall is., each suyne of the lairgest syse is. 4d., 
each scheip 8d., each kid 6d., each lamb 4d. etc. 

June I4th. Muirtoimes entrie. The Counsell appoynts Muirtoune's 
charter to be exped and subscryvit of the lands of Boigsyde, Nether 
Manbein and Haughe therof Diwellagrein and Thrie Crooks all pertein- 
ing to the laird and ladie Pettindreich, upon ane adjudicatione deducit 
be him agaynst him he hawing submitted himselff to be counsell for 
his entrie. 

June 2 1 st. Act and ivarrand anent the building of the Church. The 
qlk day the provest, bailzies and counsell with consent and advyse of the 
haill comunitie of the said brughe hawing met togither in the southyle of 
saint geillis church there ordinar plaice of meiting for considering the 
rebuilding of Saint Geillis church within the said brugh laitlie fallin and 
after dew consideratione with consent forsd did appoynt and ordain 
tuentie monethis cess to be started upon and wplifted from each 
inhabitant within the said brugh as their proportiones for helping the 
rebuilding of the said church and those inhabitants whose freewill offerris 
did not extend to the said tuentie monethis cess as the samyne sould be 
stented sould be lyabell according to the samyne stent and those whose 
offerris exceided the said stent should be preferred to haue seatis and 
daskis in the said church efter the magistrals, counsell and heritorris of 
the said parrochin of Elgin were first served whereupon acted. 

June 28th. Visiting their marches. The Counsell hes appoyntit 
Thursday nixt being the first of Julij be eight aclock to visite ther 
mairches. 

July 1 2th. Visiting the moiss of Mostowie. The Counsell appoyntis 
this efternoone to visite the moiss of Mostowie and where they find anie 
peatts castin be anie that ar not concerned in the toune they ordaine the 
drye peatts to be led avay and the grein and new castin peats to be 
castin in the poitts and the whole inhabitants to be adverteised to goe 
and the whole Counsell with thame and all that hes hors to be chairged 
to goe to the said moiss with their hors and kairts for leading the drye 
peatts ilk persone wnder the penaltie of fyw punds money. 



l68l.] TOWN COUNCIL MINUTES. 325 

Dawid Stewart, baillie, hes the keyis of the inner tolbuith. 

August 1 6th. George Gray, officer ; deposed. George Gray, ane of the 
toune's officers is discharged of his office for his negligens in permitting 
Thomas Innes, sone laufull to Johne Innes, glover in Elgin, eschape 
furth of the tolbuith by leawing the utter tolbuith dore oppin and 
continowis what furder punischment the counsell sail inflict upon him 
till the nixt sederunt of counsell. Sicklyk the counsell ordaines that no 
inhabitant within this burgh ressait the said Thomas Innes unpresentit 
him to the magistrates wnder the paine of tuentie punds Scottis money. 

October nth. Statute anent the gaird. The Counsell ordaines that 
no inhabitant within this burgh presume to send anie of ther servants to 
the gaird but that they cum themselvis except they be from home 
necessarlie withdrawin or seik, in which caice they ar to send ane 
sufficient aibill man for thame for whom they will be ansuerabill and 
that may please the capitanes under the paine of 405. and that ther 
entric be at the hour of nyne aclok at night and to abyd till the hour of 
sex aclock in the morning in the winter tyme and in the summer tyme 
to begin at the hour of ten aclock at night and to abyde till the hour of 
four aclock. 

October 25th. Anent Myltoune. Baillies Innes to go to Edinburgh 
anent the affair with Myltoune [the Moss of Mostowie]. 

December 6th. Robert Donaldsones compositione anent Boigsyd. The 
Counsell hes condescendit that Robert Donaldsone's compositione for 
entrie to the lands of Boigsyde shall be ane hundreth punds Scotts money. 

December I3th. Wm. Crombies feiv deivtie. The Counsell hes 
componit William Crombie his few dewtie for his foir hous builded to 
the streat to 6s. Sc. yearlie. 

1681. 

March 28th. Act anent Jo". Findlay. The Counsell appoynt the 
theasurer to pay to Johne Findlay, marschell, 2os. Scotts money monthlie, 
the said Johne keiping the streitts clean.* 

April 27th. Modificatione of Muirtounes entrie. The Counsell hes 
modified Muirtoune's entrie to the lands of Boigsyd, Nether Manbeins 

* Cf. p. 291, "Extracts from the Records of the Burgh of Aberdeen." Appoynting ane 
scaffinger for keeping the streits clene. 2Oth October, 1675. 



326 RECORDS OF ELGIN. [1681. 

Haugh therof, Diwellagreine, tuo cruiks and Dreich of Pettindreich per- 
tcining to the toune and holdine of thame to 200 punds Scotts money. 

June 2Oth. Act anent James Ogilvie. The Counsell suspends James 
Ogilvie, measone, from working anie more at the church and declaired 
him no frieman to work thereat or at anie uther work within the burgh 
and to be set up in the tolbuith for his neglect of the work and his 
miscariadge to the magistrals and counsell and is ordained to pay his 
bygone cess. 

July iith. Act anent the comissioner to borrowis and parliament. 
The Counsell to meet for drawing up instructiones for Johne Fyff ther 
comissioner for borrowis and parliament and for cleiring of him. 

August \%t..Moiss of Mostowie. The Counsel appoyntit to sight 
the moiss of Mostowie, this day (if it be drye) at one aclock in the 
efternoone, and, if not drye, the morrow at nyne aclock. 

October 3rd. Precept to Johne Fyff. Paid tc Johne Fyff as superplus 
of his accompt for being comissioner to the parliament and borrowis 
78 punds 8s. 

Act anent raising James Donaldsones tries. The Counsell appoyntit 
Jarnes Donaklsoune, merchand, to rais up those tries he haid set without 
his dyck in Lossie Wync and to lavell the grund and stones set about 
thame sufficientlie as the samyne was. 

November 7th. Anent the prissoners in the tolbuith. Inrespect of 
the severall assaltis and breachis maid be Alexander Andersoune and 
Alexander Leith, prissoners within the tolbuith, upon the said tolbuith, 
the counsell appoynted tham to be secured in the westmost laich tolbuith 
as the securest prissone. 

Act anent the bedler. The Counsell hes appoyntit that the tuentie 
punds Scotts payit formerlie to the bedler for attending the knock and 
ringing the great bell at four aclock in the morning and at eight aclock 
at night and setting up the candle in the church and wther services done 
be the bedler and servand about the church wherin the magistrats and 
counsell are concernit sail no more be payit to anie succeiding bedler 
who onlie hes the benefite of the littill bell for doing therof who cannot 
extorie anie inhabitant for the samyne which iff he doe the magistrats 
and counsell are to determine theranent. 

November 28th. Anent the Test. The Test now as formerlie being 
offered be the Provest to the consideratione of the Counsell and desyring 



l68l.] TOWN COUNCIL MINUTES. 327 

seriouslie to know ther mynds granted they all una voce creawed upon . 
ther joynt perrills ane littill longer speace to deliberat therof to which 
the provest with thame agreed. 

[Blank.] Solemnlie swear in presence of the Eternall God whom we 
Invocat as Judge, and witness of our sincere Intention of this our oath, 
That we owne, and sincerelie profess the true protestant religion containt 
in the Confession of Faith, recorded in the first Parliament of King 
James the Sexth ; and that we beleive the same to be founded on, and 
agrieable to the writtin vord of God. And we promise and swear, that 
we shall adhere therto, during all the days of our lyftyme, and shall 
endeavour to educat our children therin ; and shall never consent to any 
change or alteratione contrar therto ; and that we disown and renunce 
all such principles, doctrins or practises whither popish or phanaticall 
which are contrary vnto and inconsistant with the said protestant religion 
and Confession of Faith and for testificatione of our obedience to our 
most gracious Soveragne Charles the second We doe affirme and swear 
by this our solemne oath That the King's Majestic is the only supreme 
governour of this realme over all persons and in all causes as vcel 
ecclesiasticall as civil ; and that no forraigne prince, person, pope, prelate, 
state or potentate hath or ought to have an jurisdiction, power, supcrioritie, 
preheminence or authoritie, ecclesiasticall or civill, within this realme. 
And therfor we doe utterlie renunce and forsake all forraigne jurisdictions, 
powers, superiorities and authorities, and doe promise that from hence 
forth we shall bear faith or true allegiance to the King's Majestic his airs 
and lawfull successors and to our power shall assist and defend all rights, 
jurisdictions, prerogatives, priviledges, preheminences and authorities 
belonging to the King's Majestic his heirs and lawful successors, and we 
farder affirme and swear by this our solemne oath that we judge it 
unlawfull for subjects upon pretence of reformatione or any other pretence 
whatsoever to enter into covenants or leagues or to convocat, conveen or 
assemble in any councils, conventions or assemblies to treat, consult or 
determine in any mater of state, civill or ecclesiastick, without his 
Majesties speciall command or expres licence hade therto or to take up 
armes against the King or those commissionated by Him : and that we 
shall never so ryse in armes or enter into such covenant or assemblies, 
and that their lyes no obligatione on us from the Nationall Covenant or 



328 RECORDS OF ELGIN. [l68l. 

the Solemne League and Covenant (so comonlie called) or any other 
maner of way whatsoever to endeavour any change or alteratione in the 
government either in church or state as it is now established by the laws 
of this kingdome. And we promise and swear that we shall with our 
utmost power defend, assist and mantaine his majesties jurisdiction 
forsaid against all deadlie, and we shall never decline His Majesties 
power and jurisdictions, as we shall answer to God. And finallie we 
affirme and swear that this our solemne oath is given in the plain 
genuine sense and meaning of the vords without any equivocation, 
mentall reservatione or any maner of evasion whatsoever, and that we 
shall not accept or vse any dispensation from any creature whatsoever. 
So help us God. George Cuming, provest. Dawid Stewart, bailie. John 
Spens, Bailzie. P. Chalmer, bailzie. A. Russell, Bailie. Jon : Fyff, 
Dean of Gild. J. Wynchester, thes r . Ja : Wysman on of the counsell. 
J. Torrie one of the counsell. Thomas Wood on of the Counsell. 
J. Chalmer, Toune Clerk. 

[Blank.] Solemnlie swear in presence of the Eternall God whom we 
invocat as judge and witness of our sincere intentione of this our oath 
That we owne and sincerlie profess the true protestant religion containt 
in the Confessione of faith, recorded in the first parliament of King 
James the sexth ; and that we beleiwe the same to be founded on and 
agreeable to the vrittin word of God, And we promise and swear that we 
shall adhear therto during all the days of our lyftyme and shall endeavour 
to educat our children therin and shall never consent to any change or 
alteratione contrary therto, And that we disowne and renunce all such 
principles, doctrins or practises whether popish or phanaticall which are 
contrary unto and inconsistent with the said protestant religion and 
confession of faith and for testificatione of our obedience to our most 
gracious Soveragne Charles the second we doe affirme and swear by this 
our solemne oath that the King's majestic is the only supreme governour 
of this realme over all persons and in all causes as veel ecclesiastical! as 
civill and that no forraigne prince, persone, pope, prelate, state or potentat 
hath or ought to have any jurisdictione, power, superioritie, preheminence 
or authoritie, ecclesiasticall or civill, within this realme ; And theirfor we 
doe vtterlie renunce and forsake all forraigne jurisdictions, powers, 
superiorities and authorities, and doe promise [ut supra]. 



1682.] TOWN COUNCIL MINUTES. 329 

Jo : Muirsone, clerk to the crafts. John Warden, deacon of the glovers. 
John Burges, Deacon of the hamer craft. William Edward, Deacon of 
the Taylors William Layng, Deacon of the Shoemakers. [Signed also 
by] James Nachtie [and 18 others] who all subscribe at the comand of 
the clerk to the crafts. [James Chalmer, notary public and town clerk, 
adds the names of 27 persons, " because they cannot wreat, except 
Alexander Winchester, who subscryweth A. W."] 



1682. 

January i6th. Gaird. The counsell appoyntis sewin upon gaird 
nightlie to goe through the toune. The thesaurer is appoyntit to giw 
the officers for watching the prissoners in the tolbuith 245. Scotts. 

January zyd. James Sinclars entrie. The counsell set in few to 
James Sinclair in the colledge of Elgin and his airs fourscore foot of 
lenth from without the wall of the south syde of the east port eastward 
to 14 foot of breadth for the yearlie payment of 2os. Sc. 

January 3Oth. New dore of the laich tolbuith. The Counsell ordaines 
the thesaurer to caus mak ane new doubill wanscot dore to the laich 
tolbuith in plaice of the former dore brunt be Alexander Andersone in 
Garmoch. 

Anent the lock of the said dore. The Counsell is to consider agayne 
the nixt counsell day who sail pay for the new lock of the forsaid dore 

brokin be Brodie, who was imprissoned therin for stealling Williame 

Crombie, merchant, his seek. 

Thomas Young admitted gr aw caster. The Counsell admitts Thomas 
Young, indueller within this burgh, to officiat as ane of the casters of the 
grawes for the dead in plaice of Johne Peddisoune during their pleasur. 

The Counsell appoynts that ane banck goe through the toune be 
touk of drum that no wnfrieman brew under the penalties contenit in 
the statutis. 

February 2Oth. Drummer choisin. George Hay in Blackhills chosen 
drummer. He is to mantein the drum by stickis and all uther necessar 
and is to have from the toune quarterlie aught punds Scotts money. 

Precept anent Dunbar. The Counsell appoynt Johne Dunbar, 
merchant in Edinburgh, ane distressed merchant four markis Scotts 

s i 



330 RECORDS OF ELGIN. [1683. 

money conforme to ane precept to be granted to him be ane of the 
baillies upon Johne Innes, merchant, as collector of the furnicators ther 
fynes. 

Baillie Spens tack. Johne Spens, baillie, hes tackin the grass of the 
Marievall for ane yeir paying aught marks Scotts money. 

April 3rd. Postmaister. Archibald Stewart, merchand, appoyntit 
postmaister as to the rydding horse for the use of strangers and for 
that effect to be regulat be the magistrats as to the pryces. 

Act anent Thomas Murray, kaird. Thomas Murray, kaird, is licencit 
be the magistrats and counsell to work in the toune he deporting himself 
civillie and that during the magistrats there pleasur. 

May ist. Act anent burges bills. The Counsell appoynts heirefter 
that all burges bills to straingers be sealled with the littill seall with wax 
upon the margin or end therof. 

December 4th. The Counsell appoyntit James Wysman, baillie, 
Johne Torrie and James Chalmer, clerk, with four men furth of each 
quarter airmid to goe through the marcat anent the acts of brugh and 
homzald. 

1683. 

January 3ist. Anent the Earle of Murrayis entrie. The Counsell 
appoyntit James Chalmer, clerk, to goe with ane baillie and taik the 
Earle of Murray his saisingis and his sones Sir Charles Stewart in fye 
of the Lands of Diwellagrein, Nether Manbeins, Haugh therof and 
Boigsyd holdin of the brugh of Elgin conforme to tua charteris conten- 
ing ane novodamus of the saids lands grantit be the magistrats and 
counsell of Elgin to thame. David Stewart, commissar of Murray, 
makes payment therefor of 200 Scots money to James Winster, clerk 
of the burgh. 

February I2th. Anent the Marschells cloithis. The counsell ap- 
poyntit the thesaurer to giwe the marschell cloithis. 

March I2th. Baillie Wysman 's tack of the Cattails. James Wysman, 
baillie, hes taikin the provest and James Andersounes pairts of the 
Cattails payand for boith yeirlie sex punds Scotts. 

March igth. Thrie punds Scotts to be given out of the penalties 
to Thomas Mylne, Rymer, ane poor old man. 



1683.] TOWN COUNCIL MINUTES. 33! 

April 1 6th. Anent the remowall of scheip and cowis and anent draff. 
The Counsell appoyntit ane bank to goe throughe the toune this day be 
the drummer for remowing the cowis and scheep and that no draff goe 
out of the toune but to such burgesses as bear burding wnder the 
penalties contenit in the statutis. 

Act anent Lykvakis. * The Counsell appoyntit ane banck to goe 
through the toune upon Frydday nixt for adverteissing all the inhabitants 
within this burgh or territories therof that none presume to cum to 
lykvakis but such as ar the relationes and freindis of the defunct or 
particularlie called under the payne of fywe pundis toties quoties. 

April 3<Dth. Lord Duffus entrie. The said day James, Lord Duffus, 
entered to Mostowie be precept of clare constat as air to his father for 
the duplicando which is tuentie ane pund 133. 46. payed to the thesaurer. 

May 28th. The Counsell taik to advyse anent Kinminities and sones 
entrie to the lands of Mostowie. The son is a minor. 

July i6th. Act anent presenting plaiding to tlie marcat. The Counsell 
appoyntit ane bank to goe through the toune upon the marcat ewin nixt 
at ane aclock appoynting all plaiding webbis to be presented to the 
marcat be tuo aclock in the efternoone and not to be concealled in 
houses nor buithis wnder the payne of four punds Scottis for ilk web 
that salbe concealled or saised upon. 

July 23rd. Ratificatione of Archibald Stewarts Act. The Counsell 
ratifies the Act grantit in favouris of Archibald Stewart as postmaister 
and ordainit ane alphabet to be drawin to him. The Counsell grants to 
him full power and priviledge of being postmaister of all hyring horses 
in the imployment of ryding within this burgh with all the profeits, 
dewis, emoluments, benefitts and casualities due and payabill for the 
samyne be the maisters, winners, servants and followers of horses so to 
be hyrid . . . with power to the said Archibald Stewart to exact 
payment thereof from the respective hyrers from tyme to tyme 
immediatlie efter there severall imployments in and gaining of their 
saids hyres and to force, constraine and compell thame to serve the 
leidges at the ordinar raitts usuall and acustomat and iff neid beis upon 
warrand from ane magistral to peynd and disrenzie ther goods and geir 

* Cf. p. 173, " Extracts of the Records of the Burgh of Aberdeen." Renewal of Acts anent 
lykewakes, whereby only "ten or tuelff persons of the neirest freinds and nichtbours" were 
allowed to be present, and " that there be no droges, or deserts or singing." (Z4th March, 1658.) 



332 RECORDS OF ELGIN. [1683. 

or imprisone ther persounes for reduccing thame to ther due obedience, 
excepting furth of this present act and commissione power and libertie 
to the saids hyrerS to hyre there horses betuixt the rivers of Spey and 
Ness to anie inhabitant within the brugh of Elgin as occasione sail offer 
for which they are novyis to pay anie dewatie to the said Archibald 
Stewart. 

Anent ttie marcat. The Counsell appoyntit John Fyff, Deangyld, 
and James Stewart with his clerk to visite the marcat being Sanct 
James Day, 1683. 

[About this period the place of meeting of the Town Council is 
seldom given. However, the minute of one meeting thus begins : " At 
Elgin and within the South Isle of Sanctgeil's church therof the forsaid 
tuentie third day of July, 1683 yeirs, a meeting anent James (Turning's 
yaird, etc."] 

August 1 3th. Act anent the cornis. The Counsell appoyntit ane 
bank to be bet be the drummer throughe the toune intimating to all the 
inhabitants therof as also to all maisters, servants, prenteisses, scholers, 
children, hyrers, nor no other persoune whatsumewer that they nor none 
of them presume to goe to the feilds in the summer tyme to destroye the 
cornis of whatsumewer graine especiallie peas, beanis, whyt and grein rye 
in tyme cuming either by cutting, eatting, pulling or destroying the 
samyne each persoune wnder the paines contenit in the former statuts 
with this addition that ilk hyrer and kerter being convict salbe lyabill in 
the soume of fywe punds money for the first fait and in the soume of ten 
punds money for the secound fait and banischment from this brugh and 
territories thereof and warding ther persounes wntill they remow therfra 
and each parent of children, maister of fyalls and uther prenteisses be 
lyabill for ther fynes as iff they war the remitters therof themselffis. 
Lykas the baillies ar appoyntit to intimat the samyne to the maisters 
of the Grammer and Musick schoolls. 

Act anent the bitches. Sicklyk that no bitches be keipid within brugh 
wnder the paine of sex punds money by and attour the reparatione of 
what damnadge the inhabitants sail happin to sustaine therthrough and 
both actis to be addit to the statuts. 

August 2Oth. Act anent Thomas Allane. The counsell upon ane 
supplicatione giwin in be Thomas Allane, pewterer, supplicating for his 
friedome within the said brugh did wpon the acompt of his preterite 



1684.] TOWN COUNCIL MINUTES. 333 

good behawiour and honest cariage in his calling within this brughe and 
their expectatione therof for the future grant the samyne to him and as 
gyld brother gratis and ordanit the clerk to giw him his bill boith as 
frieman to the toune and gyldrie. 

August 27th. Precept anent John Fraser. The Counsell appoyntit 
the clerk to grant precept to Johne Innes, collector, of the penalties for 
sex punds Scottis to Johne Fraser, ane merchant that was taikin be the 
Turkis. 

October 1st. Anent the marcat. The counsell appoyntit James 
Winchester and John Torrie with the clerk to visite Michaell marcat 
who ar to haue with thame Fetter Hatmaker and tuell men. 

October 22nd. The counsell appoyntit the baillies to goe through 
ther severall quarters this week for searching the houses for lint, hemp 
and wther combustabill maitter and wher they find anie such to mak 
cesar therof to the officers. 

November 26th. Act anent Naughtie. George Cuming, provest, 
gaw in ane complaint to the magistrats and counsell complaining upon 
James Naughtie, y r ., turner in Elgin, that wher the said James Naughtie 
did most baislie abuse the said provest by manie opprobrius speiches and 
particularlie (ther being certane honest men drinking in ane roume and 
becaus they wald not permit him access) he said he wald be himselff in 
though the provest of Elgin war there and Naughtie compeiring confest 
the samyne and pat himself in the magistrats and counsell ther will, who 
for abusing his magistrat did fyne him in fourtie punds to be instantlie 
payed and ordanit him to stand in the jowggis at the trie in the fisch 
marcat during the magistrats pleasure in example of uthers. 

1684. 

February i8th. The Counsell dispensit with the mortcloth and bells 
to Margaret Lesly in respect scho was last ane bailies wyff. 

The Counsell appoyntit Thomas Wood as hospitall Mr. to advance 
to William Brodie, smyth, militiaman, sex punds Scotts money to help 
to pay the caire for healling his leg. 

May 1 2th. The Counsell grantit ane tack of the grass of the Chanrie 
church yaird to [blank] for this yeir, 1684, for payment of ten marks 
Scotts money. 



334 RECORDS OF ELGIN. 

June 2nd. The Counsell appoyntit Baillie Russell with the clerk and 
sum uther few persones to visile this Tarintie mercat nixt. 

The magistrats ordaines Alexander Ogilvie to close, glas and tirle 
his windowis opposite James Donaldsoune his close. 

[On spth October, 1683, James Donaldson produced before the Town 
Council a decreet of the Lords of Council and Session of date, 5th 
February, 1678, whereby the said James Donaldson has liberty to build 
within his own close within an eln of the back wall of John Ogilvie's 
house but no nearer.] 

June pth. The Counsel! appoynts the tounes marches at the west 
to be visited the tent instant be eight aclock in the foirnoone and 
appoyntit the officers to adverteis the inhabitants to goe along with 
the magistrats. 

June i6th. The Counsell appoyntit Saturday nixt for wishing the 
tounes east mairches be eight aclock in the morning and the magistrats 
and counscll to have along with thame sum of the old inhabitants best 
known therwith. 

August 4th. Act anent unfriemen. The counsel! appoyntit each one 
of the militia men that are put of to pay fyftie marks Scotts money for 
ther friedome and for that effect appoyntit the thesaurer to caus chairge 
them all to the court agaynst Wednesday nixt. 

August 25th. Act anenl the marcats. The Counsell appoyntit the 
baillies [and others] to settill anent the fairres of this burgh and to giwe 
aiie acompt whow the samyne may stand with uther marcats for giwing 
notice therof to Johne Forbes, printer at Aberdeen. 

October 6th. Anent the tounes compts to the Counsell. The counsell 
appoyntit Robert Innes, baillie, and James Wysman, baillie, with the 
clerk to draw the tounes chairge and dischairge to the counsell of 
Scotland of the tounes commoune good. 

Act anent the imprissoning of the Non-Conformists. The Counsell 
in order to the sentence pronunced be the magistrats agaynst the non- 
conformists appoyntit the persounes of Elizabeth Mairtin, Jeane and 
Kaithrein Brodies to be put in prissoune and the counsell irtstantlie to 
sie the samyne done. The which day immediatlie efter counsell the 
magistrats and counsell with the officers did mak search for the whole 
forsaid three persounes and finding none of thame but Jeane Brodie war 
going to put hir in ward but Alexander Thomsoune promesit to present 



1685.] TOWN COUNCIL MINUTES. 335 

hir unto the saids magistrats on Wednesday therefter under all hiest 
paine and to releiwe thame of what prejudice they micht incur be hir 
am'e maner of way whatsumever and sicklike they having searchit the 
hous of Kathrein Brodie and not finding hir protestit agaynst William 
Brodie, hir husband, personallie present that he micht be lyabill for all 
prejudice they might sustain theranent as said is and ordainit him to 
present hir upon Wednesday nixt under all hiest paine conteinit in the 
Acts of Parliament as also hawing searchit the hous of Elizabeth Mairtin 
and not finding hir protestit vt supra and caussit cite hir at hir hous 
agayne Wednesday nixt and thir things war done about ten aclock in 
the foirnoone. Witnesses : Johne Gerrie, James Winchester, Johne Fyff 
and Thomas Wood, burgesses of Elgin. 

November 3rd. Schembills. Upon consideratione Johne Glass, 
flescher, is ane excommunicat papist, the counsell denudes him of having 
anie tack of the schembills. 

December ist. Visitatione of Andersmes marcat. Baillie Stewart to 
visite Andersmes marcat. 

December 22nd. The thesaurer appoyntit to giwe everie one of the 
officers tuell schillings Scotis as ther Christines waiges. 

1685. 

January 28th. The said day the counsell appoyntit the address maid 
to the Lords of his Majesties Counsell and Justiciarie to be bookit con- 
forme to the tenor therof in maner efter specifiet : Elgin the 28 of 
Januarij 1685. The which day conveined in the commoune counsell of 
the said brughe the haill foirnamit persounes of Counsell who in con- 
sidderatione that his Majesties affaires call for sum present supplie 
(besydes that imposed be Act of Parliament) hawe with unanimous 
consent and with the chearfull and vnanimous consent of the haill 
burgesses and inhabitants of the said burgh frielie and villinglie offered 
as by this their present act they all in one voice freelie and willinglic 
offer giw and grant for his Majesties service and vse thrie monethis cess 
according to the present valuatione of the said brughe to be payit at the 
terrne of Candlemes next insueing which they humblie beseich the lords 
of his Majesties Counsell and Justiciarie vested with his Majesties 
commissione in this plaice maybe pleased to accept as ane present 



336 RECORDS OF ELGIN. [1685. 

demonstratione of their loyaltie, obedience and affectione, promeising 
there present and future fidelitie and alledgiance for which and the readie 
observing of his Majesties lawis and actis of parliament they ar most 
willing in the strickest manner to subscrywe ane obligatione apairt which 
is to them heirwith to be presentit and delywered and for forder securitie 
of making the premisses effectuall thir presentis is subscryvit at comand 
of the provest, baillies and counsell be me James Chalmer, clerk of the 
said burgh. 

February i6th. Note of delywerie of warrands to the thesaurer anent 
liberating persounes furth of the tolbuith. The said day ther was four 
severall warrands of the respective daitts efter specifiet delywerit to 
James Winchester, thesaurer, for setting the persounes wnder designed 
at libertie out of the tolbuith of Elgin all sub 1 , be John Andersone, 
Clerk to the Commissioners of Counsell and Justiciarie, on wherof daittit 
the fourt of Februarij instant for releiwing of James Brand, weawer in 
Urqr'., ane uther daittit the tuentie nynt of Januarij last for liberating of 
Robert MacDermit and the uther two on wherof for selling Christane 
Lesley law 11 , dochter to wmq 11 . Mr. Williame Lesley of Aikenvay, and 
the uther for setting Jeane Tailzour at libertie boith daittit the allewint 
day of Februarij instant. 

March 2nd. Warning against Tfiomas Nobill. The counsell ap- 
poyntit James Winchester, thesaurer, to wse ane warning agaynst 
Thomas Nobill and his daughter from the church wolt and to arrest 
what plenishing he haid therin. 

Arrestment on the work without the Est port. Sickly k appoyntit to 
arrest the work that was bigging without the east port be James Baxter 
perteining to the toune which was formerlie possest be wmq". Thomas 
Law, hyrer. 

March i6th. James Wysman, baillie, gaw in ane complaynt upon 
Williame Wardone, elder, glower for his horrid cursing of all that maid 
chois of James Wysman as ane judge. Two witnesses deponed that 
they heard Warden say that he wald kill Wysman betuixt the pleugh 
stiltis and taik his soule out of his syd and cut it in thrie peices. The 
counsell ordaines the officers to mak present search for him and set him 
in prissone ad avisandum to the sentence. 

March 3Oth. The counsell hes set the grass growing in the Trinitie 
churchyaird to James Wysman, baillie, for thrie yeiris paying aught 



1685.] TOWN COUNCIL MINUTES. 337 

marks Scotts money. The counsell appoyntit the thesaurer to dispose 
of the aisch trees in the Trinitie churchyaird to be sold to the best availl 
and to be imployed for building ane pairt of the dyckis of the said yaird. 

April 6th. The thesaurer to speak to ane measoune for building the 
Trinitie church yaird dyck. 

William Warden his sentence. The counsell anent the former com- 
playnt giwin in agaynst William Wardone, elder, be baillie Wysman, 
haw declairid his friedome null and taikin the samyne from him and 
ordainit him to delywer up his burgess bill to the clerk and decernit him 
to mak payment to the thesaurer of thriescore punds Scotts money 
instantlie and ar to advyse anent his personall punishment the nixt 
counsell day. 

April 1 3th. Act anent the building of the Trinitie Church yaird dyck. 
Forsameikill as this burghe is presentlie about to repair the yaird dyck 
of the- Trinitie church and for that end to dispose of the haill steam's and 
rubisches alreadie led and to be led from Sanct Geils Church it is therfor 
appoyntit be the counsell that publicatione be maid be touk of drum 
throughe the brughe inhibiting ane persoune to presume to build or 
erect anie more monuments heirafter without designment from the 
magistrals and when so designit that the samyne sail not be of the 
stones aither of the said old Cathedrall or of those led or to be led from 
Sanct Geills church and with furder certifiqatione that those that does 
not enter and continow in building of their monuments wpon libertie as 
said is betuixt and the last day of Julij next bringing alwayis the stones 
from the quarrie they salbe simpliciter debarrid not onlie till they get 
libertie but also wntill they pay ane compositione for the samyne 
(counsellors onlie to be exceptit) and except as to the stones as also 
accepting alwayis the spaice of tuentie foot or therby opposit to wmq 11 . 
James Tarres gait appoyntit for ane monument to Patrik Chalmer, 
baillie, and James Wysman, baillie, and their families. 

April 20th. Act anent Kaithrein Patersone. The counsell appoyntit 
Kaithrein Patersoune, spous to William Clerk, post, to be set at libertie 
wpon hir subscrywing an act for hir good and peaceable behaviour to 
Robert Mairtin, tailzour, his wyff and familie in tyme cuming wnder the 
paine of perpetuall banischment from this brughe and haill territories therof. 

May 25th. Gaird. The counsell in respect of the troublis in the 
countrey and kingdome appoyntit tuentie men nightlie upon the gaird 

T I 



338 RECORDS OF ELGIN. [1685. 

who ar to enter at nyne aclock at night and to continow till four aclock 
in the morning and ordainit all of thame to be sufficientlie airmid and 
begin this night. 

June 8th. It being complained that the guiding and dung in the 
gutter at the end of the Lossie Wynd perteining to this burghe was 
taikin avay be Alexander Dunbar, tennent in the borrow brigges, he 
being present dcnyed the sannyne. Thomas Watsoune, maltman, com- 
peired and tuik ane thrie yeiris tack of the said guiding and dung paying 
333. 4d. Sc. at ilk Mertimes. 

June 1 5th. The counsell appoyntit the baillies with the thesaurer to 
meit this efternoone for modelling the gaird nightlie. The counsell 
appoyntit baillie Innes, baillie Chalmer and Collein Innes to meit with 
Thomas Smyth, smyth, for agreeing with him for making the partizans 
and halberts. The counsell appoyntit threttie men upon guard during 
the marcat tyme. 

July 1 3th. The counsell giw 28s. Scotts to Williame Brodie, smyth, 
ane seick sojor. 

July 27th. Anent the peatcasters of Mostowie. The counsell appoyntit 
the peat casteris in Mostowie to be all cited to ane court to be holdin 
within the tolbuith of Elgin Frydday nixt and appoyntit the baillies to 
fyne each persoune fund guyltic of holling of peattis or fir to anie 
persoune except to the inhabitants of the said brugh. The counsell did 
allow and approwe of James Wysman, baillie, his casting of peatts in the 
moiss of Glasgrein this yeir. 

August loth. Anent Linkvood's ryat. The said day the counsell 
continowit ther verdict anent Linkvood's ryat in throwing doune the 
Trinitie Churchyaird dycks till the rest of the magistrats sould be 
present and the counsell more full. 

August 24th. The counsell ordainit the thesaurer to speak to Baillie 
Donaldson and his sone to bring home metts, weights and measures to 
this brugh (conforme to the proclamation emitted be the Counsell of 
Scotland theranent) and appointed the great bell to be sighted in respect 
of some defects. 

August 25th. The counsell ordainit instructiones to be drawn up for 
raising letters against John Spens in Main for wounding, stricking, 
beating, blood and blae giving to William and James Nivens and John 
McAndrew, hyrers, upon the ground of the Cattaills being within the 



I686.J TOWN COUNCIL MINUTES. 339 

liberties of the burgh of Elgin and for his deed of intrusion upon their 
liberties by destroying their grasse with his bestiall and against Alexander 
Grant, shereff clerk, for his frequent oppression of the inhabitants and 
against Robert Gibson of Linkwoods for ane ryot comitted be him in 
throwing down ane slap in the Trinity Churchyard dyke lately builded 
up be the magistrats. 

September 7th. The Counsell decerned Thomas Stevin, merchant, 
to pay ane dollar to the thesaurer for his absence from the guard 
Saturday last at night. 

September I5th. The Counsell appoyntit the haill none-con form ists 
within this burgh that have not sett caution for there future behaviour 
in frequenting the ordinances conform to the acts of Parliament and 
Counsell anent church regularities to be instantlie imprisoned according 
to the list given to the officers. 

October I2th. The counsell appoyntit ten furth of each quarter for 
giwing ane wolley schot at the croce on Wednesday next efter sermone 
to be ordered be Johne Duff, deangyld, and Collein Innes. The counsell 
appoyntit the baillies to revise their quarters and to taik notice who hcs 
or wants airmis. The counsell ar to have their thoughts agayne the nixt 
counsell anent the distributione of the halberts. 

October ipth. This day the gaird begun. 

November 2nd. The Counsell did modifie Linkwood's ryot anent 
the beatting doune the sklait of the church by schootting therat upon 
solemnitie day to fyftie punds Scotts. 

November i6th. Thomas Watsone appoyntit keiper of the knock 
and to get ten punds Scotts furth of the church penalties. 



1686. 

January i6th. The Counsell modified Pettinseairis entrie to the 
lands of Pettinsear to tuentie marks. 

February ist. The thesaurer hes rcceawit Robert Gibsoune of Link- 
vood's precept of clare constat as air to his father of the lands of 
Glasgrein, Muirtack and tuo aughten parts for which he is to be 
receawed. 



340 RECORDS OF ELGIN. [1686. 

March 29th. Johne Rynd, gairdner, and Gilbert Hay, glower, war 
appoyntit to be friemen and ilk ane of them to pay fyftie marks Scotts 
to the thesaurer. 

Act anent Johne Man his foirstair. Anent ane complaynt giwin in to 
the counsel! be the inhabitants agaynst Johne Man, merchant, for letting 
and suffering the old tymber, sklaitts and wther old rubbish of his 
foirstair demolisched by the fall of the theck of Andrew Ramsay his 
foirhous lye in the channell of the streat which hinders the current therof 
and is wnhandsoume on the streat and the said Johne Man hawing bein 
severall tymes adverteised to remow and taik the samyne avay and 
applye the samyne to there aune wssis. 

Act anent Williame Cuy. Williame Cuy, tailyour, decernit in tuentie 
punds Scottis for resseat of straingers and ordanit to be put in prissone 
till he pay his fync and the officers to put the strangers furth of the toune. 

April I gth. Ane letter to be ivrittin to the Laird of Grant. The 
Counsell concludis to vvreat ane letter to the Laird of Grant shewing him 
the way and manner how Mr. Alexander Grant, tacksman, of the Old 
Mylnes does oppress the maltmcn, brewers and inhabitants of Elgin by 
seizing upon and wiolentlie avay talking of there malt without order of 
law and in the mcantymc the counsell concludis to caus stop, interrupt 
and resist him from such practisis in tyme cuming. 

April 26th. Anent the resseat of the Tounes peapers that wmq 11 . Mr. 
Robert Mairtin liaid. John Torrie delywers to the magistrats and 
counsell the tounes great chairtor daittit in October, 1633, and saising 
following thervpon daittit the third of February, 1637, ratificatione daittit 
the tuentie of Mairch, 1661, ane wther ratificatione daittit the 22 Mairch, 
1524, and charter of the tounes comoune lands and priviledges dated 
1457 with the haill interruptiones anent the tounes mairches and uther 
peapers conforme to Mr. Robert Mairtin's ressait and inventar sent. 
Baillie James Wysman has receawit the ratificatione daittit in Mairch, 
1661, with 100 marks to procure ane ratificatione in this parliament. 

Baillie Stewart as Commissioner hes receawit 300 marks for defraying 
his chairges as Comissioner to this present parliament. 

May 3rd. The counsell appoyntit James Winchester, thesaurer, to 
caus help the east port. 

June 1 4th. The ratificatione (1661) delyiverit back to Baillie Innes. 
James Wysman, baillie, delyweris back the tounes ratificatione daittit 



1687.] TOWN COUNCIL MINUTES. 34! 

the tuentie of Mairch, 1661, to Baillie Innes to be put in the cadget and 
the counsell appoyntit Baillie Wysman to delywer back the 100 marks. 

June 2 ist. Anent Mostowie. The counsell appoyntit the Moiss of 
Mostowie to be visited upon Wedinsday next be the Magistrals, counsell 
and inhabitants and for that effect that they convein the foirsaid day be 
sex aclock in the morning at the croce to vayt upon the magistrals and 
therefter to mak report. 

July 1 2th. Moisses to be visited. The counsell appoyntit the Moiss 
of Strathcant and Glasgrein to be visitit this efternoone and the moiss 
and greinis the morrow. 

July 2Oth. Act anent the greins of Aldroughtie. The counsell 
wnanimouslie concludit and ordained the peatts and greingrund castin 
be Williame Sutherland in Aldroughtie and his tennents to be castin in 
agayne in the pottis and for that effect the haill counsell with certane of 
the inhabitants to goe the lenth be ane aclock in the efternoone this day 
at the ringing off the bell each persoune wnder the paine of fywe pundis 
Scottis. 

August 2nd. [Letters of lawborrows to be sent for against William 
Sutherland in Auldrochtie and his tenants, Francis Brodie of Inner- 
lochtie and his tenants of Mickle and Little Innerlochties and Whitefield.] 

October 4th. Act anent Straingers. The counsell appoyntit the 
baillies to goe throughe ther quarters for searching straingers and for 
searching of lint and uther combustabill maitter. 

October 25th. [The trunk with the town's papers to be received 
from James Winchester, treasurer, on account of his sickness.] 

November ist. Act anent cess and stenting therof. The counsell 
appoyntit the whole inhabitants within this burgh that hcs the benefite 
of the maill and peat markat flesch and fisch marcat to pay cess in 
respect the plaice wtherwayes is not aibill to bear the burding. The 
counsell appoyntit Saturday next be nyne aclock in the foirnoone for 
stenting the cess. 

1687. 

January ist. The counsell appoyntit the drum to be beat throughe 
the touue and ane adverteisment to be giwin to all the inhabitants that 
they pay ther cess this day at tuo aclock in the eftirnoone at the ringing 



342 



RECORDS OF ELGIN. [1687. 



of the bell with certificatione to the deficients that they will be quartered 
upon the morrow or imprisoned. 

April 25th. Anent the keyis of the cadget. The counsel! appoyntit 
Patrik Chalmer and Alexander Dunbar, baillies, to call for the keyis of 
the cadget from George Cuming, lait provest. [Present provost Sir 
Alexander Innes of Coxtoune, knight barronet] 

Stentets for the Witsoundayis terme, 1687. James Wysman, baillie 
[and 17 others], appointit to stent the Witsoundayis cess, 1687, each 
persoune to be cited be the officers in ther respective quarteris to appeir 
at the head court of the burghe the third day of Maij being Tysday 
nixt to mak faith in presens of the peopill for stenting the said cess 
wndcr the paine of tuentie punds Scotts money for each absent besydes 
there being censert be the magistrats and counsell for breach of ther 
burges oath. 

Visiting of the quarteris. Baillie Grant to visite the south east 
quarter for causing search for straingers and all combuistabill maitter 
that may occasione fyre, Baillie Chalmer the south vest quarter, Baillie 
Dumbar for the north west quarter, Baillie Wysman for the north east 
quarter. 

Visiteris of the flesch marcat. Appoyntit Johne Innes and Johnc 
Phimister, merchands, for visiting the flesch marcat and what flesches 
they find to be wnsufficient and not wourthie to cum to the marcat that 
they distribute the samyne be sight of ane magistrat to the officers and 
headmen. 

Lynsteris. The counsell continowed James Young, glower, Andrew 
Ramsay, merchand, Alexander Brodie, merchand, and Johne Winchester, 
merchand, lynsteris. 

May 2nd. Anent the few dewaties. The counsell appoyntit Saturday 
next for collecting the few dewaties with certificatione imprissonment. 

May Qth. Keyis of the high tolbuith. The keyis of the high tolbuith 
wher the tounes airmes lye delywered to Kenneth Mackenzie, thesaurer. 

Anent rouping t/ie tounes comonne landis. The counsell appoyntit the 
gooscrook, cattailles and uther of the tounes comoune landis and grass 
to be put to ane roup on Wednesday nixt betuixt allewin and tuell in 
the foirnone and for that effect ane banck to be beat this day. 

May 23rd. Roup of Gooscrook and Marie vail grass. The counsell 
corroboratis the roup of the Marevall grass roupit be George Grant for 






1687.] TOWN COUNCIL MINUTES. 343 

sewin pundis fywe schillingis sex pennies yeirlie and the roup of the 
Gooscrook roupit be Robert Andersone, writer, for sex pundis threttein 
schillingis four pennies yeirlie. 

Roup of the Schembillis. The schembills roupit to fourscore punds 
Scotts money and acceptit be Johne Geddes, glower, alias Boiggis. 
The customes therof to be conforme to the alphabet efter specifiet viz. 
each ox to pay tuo schillingis and each fed ox efter fastingsewen tuo 
schillingis, each cow tuo schillingis, each huddrone [hudderone = a young 
heifer] weall tuo schillingis, each sucking w^all ane schilling, each suyne 
of the lairgest syse one schilling four pennies each, lessell suyne ane 
schilling, each scheep eicht pennies, each kyd sex pennies, each lamb to 
pay four pennies. 

June 4th. Anent the postmaster. The counsell appoyntit Wednesday 
nixt for rouping of the postmaster of the horses. 

June 2Oth. Visiting the mairches. The counsell appoyntis ther 
mairches to be wiewed and ridden on Saturday next in the foirnoone 
and for that effect that the officers mak intimatione through ther 
particular quarteris and that the clerk wreat to Myltoune to meit at the 
gooscrook the said day. 

August i8th. The meiting of borrowis grantit that the lands callid 
the Cattails and greines betuixt Mostowie and Auldrochtie be fewit or 
set out in long tackis. 

August 2Oth. Anent the marschellis cloiths. The counsell appoyntit 
the theasurer to giw Johne Findlay marschell cloithis. 

September 5th. Anent oyll to the knock. The counsell appoyntit the 
theasurer to ansuer the bedler oyll and tallow to the knock and bellis 
when necessitie requerid him to call for it. 

Anent the visitatione of this brughe by uther brughis. In respect of 
the ensueing visitatione of this brughe to be maid by the brughis of 
Bamff, Cullen, Forres and Nairne the Counsell appoynts the sds brughis 
to be saluted in the tounes name and letters to that effect to be drawin. 

September 26th. Anent the kingis letter. Ther was ane letter 
presentit subscribit be Duk Hamyltoune in presens and be warrand of 
his Majestes privie counsell direct to the provest and remanent magistrals 
of the brugh of Elgin daittit the sexteint of September instant prohibiting 
and dischairging anie new electione of magistrals and counsell within 
this brugh this yeir and the present magistrals and counsell ar therby 



344 RECORDS OF ELGIN. [1688. 

authorized to continow and exerce as magistrals and counsell wntill his 
Ma/ sail signifie his further pleasour. 

October roth. Anent the Solemnitie. The counsell appoyntit each 
baillie in his aine quarter to convein those within the samyne preceislie 
upon Frydday nixt be eight aclock in the morning being his Majesties 
birthday for solemnizing therof and that upon the croftis betuixt the 
east port and Messindew ther to attend the magistrats in ther best 
cloathing and airmis without respect to precedence or prioritie of plaice 
by deacounes or utheris and then and ther to receawe ther order from 
the magistrats each persoune wnder the paine of tuentie pundis Scottis 
money besydis uther corporall punischment and imprissonment and 
baidge of disloyaltie. 

Anent the chuissing ane advocat for the toune. The counsell in respect 
they want ane advocat for the toune for the tyme vnanimouslie condi- 
scendit to imploy Mr. James Grant advocat for the toune in ther effairs 
he being upon the plaice and appoyntit Kenneth Mackenzie, theasaurer, 
to giw him tuo guines and tuo dolleris to his man. 

Anent fonr funds Scottis to the officers. The Counsell appoyntit the 
thcas 1 ". to giw the officers coatts and four punds Scottis money. 

December i2th. Intimation anent Mr. Johne Stewart. Androw 
Monro, Shcreff Clerk, and Johne Winchester, merchand, maid intima- 
tione that Mr. Johne Stewart was to preach at Murrastounes hous as 
ther actuall preacher. 

1688. 

May 7th. Act anent anie that miscaries. The Counsell forasmuch as 
sum abuissis hes bein in the streittis be sum wndiscreit persounes in 
reproaching and maligning of sum churchmen at that tyme about there 
laufull occasiones for which inquirie haith bein maid though not as yet 
detected. Therefor the counsell appoyntes furder inquirie to be maid 
theranent that dew punischment may be inflicted according to the merite 
of the caus and that the qlk abuise may be suppressid in tyme cuming 
to anie discreit persoune of whatsoewer statione or imployment doe 
furder ordaine and appoynt that the comitteris therof of whatsoewer 
sex, aige or qualitie salbe immediatlie upon discoverie imprissonid within 
the tolbuith ther to remaine wntill they receawe ther sentence whither by 



1688.] TOWN COUNCIL MINUTES. 345 

scurging, fynning, banischmcnt or long imprissonment viz. iff they be 
abow the aige of tuell yeiris by scurging be the hand of the marschell 
and if children within that aige by severe and examplarie correctione at 
the discretione of the magistrats and uther wndiscreit persounes be 
banischment and if they be persounes in banis to be imprissoned till they 
be fynid be discretione of the magistrats by and attour corporall punisch- 
ment and anie that taikis furth children to such wndiscretiounes salbe 
equallie guyltie and punisched as the principall actors to the terror of 
utheris and this to be publischid be touk of drum upon frydday nixt be 
ten aclock. 

The counsell appoyntis the haill members of Counsell to be cited and 
present in the counsell hous in order to the giwing of ane returne to ane 
letter direct be the lord Pearth to the provest, baillies and counsell of 
Elgin anent the selling and electing of Johne Donaldsoune of Craggan 
to be clerk and the clerk to bring the counsell book anent his electionc. 

May 24th. The Counsell ordainit the whole Counsell to be cited 
agaynst Munday nixt, the 28 instant, at allewin aclock in the foirnoone 
and ilk ane that is absent to pay tuentie pundis Scottis that faillics being 
in health anent the ansuer to the Earle of Pearthis letter. 

October ist. There was presented in counsell be the provest ane 
letter sent be Sir Williame Patersoune, clerk to the privie counsell, direct 
to the provest and baillies of the brugh of Elgin to be communicat to the 
Counsell therof daittit the thretteint day of September last mentioning 
his Ma/ letter direct wnder his royall hand daittit at the Court at 
Windsor the tuentie nynt of August also last wherby his Ma/ suspends 
the electione of Magistrats and Counsell of royall borrowis within this 
kingdome in their respective plaices wntill his Ma/ sail declair his 
further pleasour off the which letter to that effect the tenor followis : 
Ed r . the thretteint of September, 1688, whereas the king's most excellent 
Majestic hath by letter direct wnder his royall hand daittit at the Court 
at Windsor the tuentie nynt day of August last bypast signified to his 
privie counsell that he haith thought fit to suspend the electione of 
Magistrats and Counsell of Royall borrowis within this kingdome wntill 
he sail declair his further pleasour The lordis of his Majesties privie 
counsell in persuance of his majesties comand doe heirby authorise and 
allow the magistrats etc. of his royall brughis of this kingdome formallie 
nominal to continow to exerce in their respective offices therin wntill his 

V I 






346 RECORDS OF ELGIN. [1689. 

Majesties further pleasour be signified to thame. Extractit by me, 
Sir Williame Patersone of Grantoun, barronet, clerk to his Majesties 
most honourabill privie counsell. Sic sub 1 . Will: Paterson. 

The Counsell appoyntit the nynt instant be ten aclock for the head 
Court and the officers appoyntit to adverteis the peopill therto. 

October pth. [The king's letter produced as to installing John 
Donaldson, town clerk, and referred to next full Council.] 

[Follows blank of three pages in Minute Book.] 



1689. 

January 7th. Robert Innes, lait baillie, presentit ane Act of Counsell 
anent the electionc of the provest, baillies, tounes counsell and clerk of 
the said burghe of Elgin under the hand and subscriptione of Collin 
Mackenzie, ane of the clerks of the counsell of the dait at Edinburgh the 
22 clay of December, 1688 yciris, wherof the tenor followis : Att Edin r . 
the tuentic sccound day of December, 1688 yeiris, anent the petitiounc 
presented by Williame Crombie, merchand in Elgin, for himselff and in 
name and bchalff of and as hawing warrand from manie of the nighbouris, 
burgesses of the said brugh and inhabitants therof shewing that by the 
influence and indirect meanis of some persounes the magistracie of the 
said brugh war turned out and letters procuired from his majestic 
nominating wther magistrats, clerk and wther members of counsell who 
war for the most pairt straingers to and wnconcernid with the affaires of 
the brughe and haid exercid there offices to the great prejudice of the 
said plaice and decay therof which can evidentlie be demonstrat and 
wnder which the poor peopill of the plaice haw patientlie sufferid and 
therefor humblie supplicating the Counsell to taik the premisses to 
considderatione and to grant order and warrand in manner and to the 
effect under writtin. The Lordis of his Majesties privie counsell haueing 
heard and considderid the forsaid petitione doe heirby grant order and 
warrand to the provest, baillies, toune counsell and clerk of the said 
burgh of Elgin who war in office the tyme immediatlie preceiding his 
majesties nominating a provest, baillies, counsellors and toune clerk 
therof to meit at the ordinarie plaice of their electione with all convenient 



1689.] TOWN COUNCIL MINUTES. 347 

diligence and then and there to sit, vote and act as magistrats, toune 
counsell and toune clerk of the said brughe and to proceid to a regular 
and frie chois of provest, baillies and toune counsell of the same and 
haill members therof for the yeir insueing 1689 except the clerk who was 
for the tyme immediatlie preceiding his majesties said nominatione of 
ane uther clerk whom they heirby repone to and continow as toune clerk 
of the said brughe &c. and the present magistrats and clerk are heirby 
orderid to delywer to the saids magistrats and clerk the haill chairtor 
cheistis, recordis, wreattis, &c. 

The said day conforme to the forsaid Act and order the whole 
magistrats, counsellers and clerk who war magistrats &c. preceiding his 
majesties nominatione (who war alywe and aibill to exerce) Provest 
Cuming hawing declaired himsclff wnabill to exerce in respect of his 
aige and seiknes the rest did meit except James Winchester, theas 1 '., and 
Collein Innes remowid by death. 

The Counsell electit David Stewart, provest, &c. 

January I4th. Anent the randewouz. The counsell appoyntit Thuris- 
day next be nyne aclock in the foirnoone for the randiuous. 

Visitatione of the quarters. The counsell appoynts Baillie Innes and 
Kenneth Mackenzie to. visite the south syd of the toune and baillie Fyff 
and Johne Smyth to visite the north syd and to trye who hcs ponder 
and lead to sell and caus secuire the samyne once this day. 

January i6th. Anent the airmis. Names of those that Robert Innes, 
baillie, delywerit the airmis to who wantit, within the toune, for keiping 
gaird and to be delywerid back agayne when requerid. [9 persons 
receive halberts 3 halberts in form of a star 20 muskets and i a firelock. 
The persons are carters, glovers, hirers, weavers, etc.] 

January 2 1st. Anent those that layis muck in the streatts. The 
officers appoyntit to cite those that layis muck on the streatts. 

January 28th. Anent wnfriemen. William Paull, merchand, being 
cited to be burges and frieman of the burgh compeired and was content 
to doe the samyne as his faithers secound sone and the Counsell modified 
his friedome by paying the gyldrie to tuentie punds Scottis. 

February I ith. The theasaurer to pay Johne Cuy, tinker, four punds 
Scottis for dressing the knock. 

March i8th. The counsell appoyntit the grass of the Trinitie Church 
yaird to be roupid the first court day. 



348 RECORDS OF ELGIN. [1690. 

April 1 5th. Alexander Parker, officer, having misbehawcd in the 
exercise of his office and intruding himself in Ballindallochis companie 
is dischairgit and his coat to be taikin from him. 

May 1 3th. Gawin Watsoune appoyntit postmaster for ane yeir. 

May 1 5th. In presence of Sir James Innes of that ilk as overseer 
the burgesses by way of poll elect the magistrats and counsell till 
Michaelmes by act of the estates of this kingdom. [The former 
magistrates and council were for the most part continued in office. 
Two magistrates dead. Kenneth McKenzie, apothecary, and Alexander 
Ogilvie, merchant, were elected two of the bailies. Sir Robert Gordon 
of Gordonstoun, knight baronet, was elected one of the council.] 

June 24th. Baillie Caldell and Baillie Fyff gaw in ane acompt of the 
chairgcs and expenses they haid bein at in going to Edinburgh anent the 
elcctionc and my lord Dundie extending to 163 pundis 4 schillingis. 

September gth. The counsell ordanit ilk indueller in Mostowie per 
vices to bring ane load of peattis to the gaird. 

October 23th. The counsell appoyntis the officers to goe through 
their severall quarteris of the toune to adverteis the inhabitantes to be 
readie with their best airmis to mister to morrow be nyne aclock at the 
touk of drum wnder the payne of fywc pundis each absent. 

November i8th. The petty customes of this brughe set in tack for 
tuo yeiris for 401 pund Scottis money yeirlie. 

I 690. 

May i Qth. Act anent Clerk Monro liis productione of ane warrand 
anent Mr. Jolme Stewart. Compeired Androw Monro, sheriff clerk of 
Murray, and producit ane act of counsell ordering the magistrats of 
Elgin to delywer up to Mr. Johne Stewart, minister [and], the par- 
ischoneris of the Presbiterian persuasione within the said pariochin the 
keyis of the vestmost kirk of Elgin wherin the bischop preached and to 
possess them therof as they wilbe ansuerabill qlk order is daittit the 
fourteint of January last bypast wnder the signe and subscriptione of 
Gilbert Eliot, clerk to the Counsell, and the samyne being put to ane 
vote be the provest to Baillie Kyng and baillie Mackenzie they tuik it to 
adwyse the samyne being ane maitter of importance and ane affair that 
concernit the whole inhabitantis and the provest being instantlie going 



1690.] TOWN COUNCIL MINUTES. 349 

South and so could not be present for ane tyme did instantlie consent to 
giwing of the keyis to Mr. Johne Stewart. 

June i6th. Agreement betuixt the Lairds of Grant, Fowlis, Brodie, 
Grainge and Cullodin in behalf of Maister Johne Stewart, minister to the 
Presbyterian congregatione at Elgin, and William Kyng, baillie of Elgin, 
in behalf of the magistrats and counsell of said burgh whereas the 
magistrals were ordained by order of privie counsell to delywer the keyis 
of the westmost church of Elgin to the said Mr. Johne Stewart now in 
friendlie manner the magistrats agree to delywer the keyis of the east- 
most church in Elgin to Mr. Johne Stewart in place of the westmost. 
Both parties agree. 

The Lords Commissioners of ther Majesties theasurie have grantit a 
commissione to George Leslie of Burdsbank and William Dunbar, 
second son to William Dunbar of Durne, for collecting the excyse of 
the schyres of Bamff, Elgin and Nairne and burghis within the samyne 
from ist November last. The collectors are content to taik measures to 
uplift the excyse for payment of .530 quarterlie. 

Act anent the cornis and doggis. The counsell appoynts ane bank to 
be beat discharging the keipping of bitches or cur doggcs within toune 
certifieing the contraveiners that they salbe lyabill for fywe pundis of 
failzie besydes the damnadge and that no inhabitant presume to break 
yairdis, cut or destroy the peas or beanis belonging to the tounes men in 
haugh or hard land wnder the penalties conteinit in the tounes statutes 
maid theranent 

August nth. Act anent straingers and anent the teynding. The 
counsell appoyntit the drum to goe through the toune to inhibite all the 
inhabitantis that they taik no cornis from the croftis, taillis, yairdis and 
utheris lyabill in paying the teynd scheaff till first the samyne be teyndit 
and to aquaynt the tennentis and possessoris of Myltoune and Inner- 
lochtie that they teynd nor taik none of their cornis from the grund till 
the samyne be teyndit. The Counsell appoyntit baillie Kyng, baillie 
Mackenzie, the theasaurer and Robert Andersone to speak with Mr. 
Alexander Tod anent the wiccaradge and teynd of the taillis. The 
counsell appoyntis that the drum goe through the toune anent all 
strangeris that are resseat be inhabitantis that they remow instantlie 
wnder the payne of putting them furth of the toune with the martiall 
and the resetters to be fynit conforme to the statutis. 



350 RECORDS OF ELGIN. [1690. 

Act anent casting of grein grund. The counsel! appoyntit that 
intimatione be maid anent casting of the grein grund about the aughten 
pairtis and uther plaices of the tounes landis that none doe the samyne 
but the heritoris. 

August 25th. Act anent the teynding of the croftis. The Counsell 
appoyntit all the memberis of counsell to wayt upon the teynding of 
the croftis and wtheris Thuirsday nixt in the morning and Johne Geddes, 
Boiggis, and James Russell, merchand, to sie the hors fillid and Parker 
and Andrew Ritchie to big and the rest of the officeris to faw (?). 

Act anent the buying of lyme and tymber. The counsell apoyntit the 
drum to goe through the toune to inhibite all the inhabitants that none 
presume to buy lyme or timber of anie sort to sell agayne except by 
their awne wsis wnder the payne of fyw pundis toties quoties and sicklyk 
that none ludge or resset straingeris wnaquaynted the gaird wnder the 
painc of what lois ane inhabitant may sustayne and sicklyk to intimat 
anent the teynding. 

September 8th. Act anent assistant quartering. The counsell 
ordaynid all that hcs no sojors quarterid on them to giw assistant 
quarteiris to those that hes thame quarterid on them according as they 
salbe stentid. 

October 6th.- The counsell appoynts the toune captanes to be 
presentlie advertised to convein ther several! companies v l . ther armes 
to convein at the fish mercat this efternoon at one acloak to keep the 
solemnitic for his Majesties King William his success in his affairs in 
Ireland and for his hapie and safe return to England. 

October 2oth. Act anent advancing ten dayis manteinance to the 
sojors in Collonell Cuninghanfs regiment. The counsell wnanimouslie 
condiscends that the inhabitantis advance ten dayis quarter in money 
at 45. per diem or quarter in dyat provyding the collonell ease the toune 
of all his regiment except thric hundreth and fyftie. The provest 
rcceawit ane bill drawin be James Oswald, generall receawer upon the 
magistrats of Elgin, for payment to my Lord Strathnaver of 504 lib. 
Scottis money out of the supplye due by the toune at Mertimes, 1688, 
and Witsounday, 1689, daittit the thretteint of September, 1689. Item 
ane uther bill drawin be James Oswald and James Dunlop, generall 
receawers wpon the magistrats of Elgin, daittit the 27 of September, 
1690, for payment to Capitane Sixt Dalin for the use of Collonell 



1691.] TOWN COUNCIL MINUTES. 351 

Cunninghame's regiment of 876 lib. indorsed payabill to Moses Huetsone, 
quartermaister of the said regiment, with the said Moses his resseat of 
the money on the back therof for the tounes cess due at Lambes, 1690, 
and preceiding. 

November igth. William Douglas appoyntit to collect the fyw 
monethis cess at Mertimes, 1690. 

The provest hes gottin one of the keys of the cadgett and Baillie 
Russell hes gottin the other. 

169 I. 

March 3Oth. David Bower, gardner, is receawed and admitted burges 
and freman of this burgh for payment of fiftie merks Scots money. 

May 1 8th. Arrestment anent Fitter Clialmer in Edinbnrgli. The 
counsell appoyntit to arrest all the money restand be Alexander Fordyce, 
William Paull, James Innes, Johne Grant, merchants, to Fitter Chalmer 
in Edinburgh for his breaking boulk and selling goods to them without 
ane offer. 

The toun's officers and drummers hawe gottin licence to cast one 
man's casting of peats ilk ane of them for one day this yeir in the comon 
moiss of Glasgrein upon the former provision that they spoill not the 
grein grund and levell what they cast. The Counsell grant libertie to 
Mr. Allanc Grant, collector, and his spous to cast peats in the Moss of 
Mostowie for ther aune wse allanerlie eight men's casting for one day 
this present yeir, 1691. 

June ist. The counsell appoyntit Alexander Russell, baillie, to 
collect the hearth money. 

William Grant, officer in Mostowie. The Counsell appoyntit William 
Grant in Mostowie to owersie the moiss as ane officer for this insuing 
yeir who is to haue fourtie schillingis for his paines. 

August 3rd. Anent teynding the croftis. The counsell ordanit the 
drum to goe through the toune the morrow at ten aclock to inhibite all 
the inhabitants not to remowe there cornis from the landis of the croftis, 
yairdis, taillis and utheris lyabill in payment of the teynd scheaff till the 
samyne be teyndit. 

August 29th. Anent visitors of the borrowis. The counsell appoynts 
that the magistrates and Deangyld and theasaurer and clerk to meit this 



352 RECORDS OF ELGIN. [1692. 

day at tuo aclock anent giwing ane accompt to the visitoris of the 
borrowis anent ther comone good. 

September 28th. The Magistrats and Counsel! appoyntit the sewint 
of October next to be the head Court. 

[17 stenters appointed. These all appear at the Head Court except 
three, who are fined 5 Sc. each.] 

Rates of the Pettie Customes of the brugh of Elgin : Ilk elne plaid- 
ing id., ilk barked hyde is., ilk hors 2s., ilk ox and cow is. 4d., ilk scheep 
4d., ilk kairtfull of fisch is. ilk creilfull 46., ilk steane of wald 46., ilk cart 
is. 4d., ilk sled is., ilk pair of schoes 2d., ilk tub 2d. etc. 

November i6th. Stenters of the assistant quarteris. The counsell 
appoyntit Baillie Russell to stent the assistant quarteris to those who 
have the sojors upon thame at sex schillingis per week for ilk tuo sojors 
beginning this day and they ar ordanit to spair the poor and ar to stent 
the samyne this efternoone. 

l 692. 

February I5th. Baillie Russell and the thesaurer appoynted to call 
for and compt with John Taylor, m r . of the musick school!, anent his 
intromissions with the penalties receaved be him from fornicators since 
his last compting. 

Restand to Alexander Dunbar for wyne drunk in his hous when the 
magistrats did treate the Earle of Dumfermling, wiscount of Dundie and 
Lord Doune extending to 44 lib. 4d., spent in his hous with my Lord 
Duffus, Major Pattoune and utheris on the kingis birthday in October, 
1691, 12 lib. is. 4d. Summa [together with payments for wood to the 
magistrates' seat, see "The Church," I5th February, 1692] 204 lib. is. 8d. 
For payment of the which acompt baillie Dunbar hes gottin power to 
uplift the teynd silver and teynd bollis wnderwrittin viz. 35 pundis 6s. 8d. 
from Sir Alexander Innes of Coxstoune for the teynd tack dewatie of 
his landis of Thornhill, Clackmarres and Easter Whytvray yeirlie the 
cropis and yeiris 1690 and 1691 inde 70 lib. 135. 4d., 12 bollis teynd 
wictuall dew be Walter Innes of Blackhills for the teyndis of his landis 
of Blackhillis crop 1691 at 4 li. 35. 4d. per boll inde 50 lib., 8 bollis teynd 
wictuall dew be Robert Gibsoune of Linkvoodis for the teyndis of his 
landis of Hervieshaughe crope 1691 at 4 lib. 33. 4d. with 12 lib. money 




(*S 




1693-] TOWN COUNCIL MINUTES. 353 

for the few dewatie of Hervishaugh yeirlie the cropis and yeiris 1690 and 
1691 inde 57 lib. 6s. 8d. Item dew be the said Alexander Dunbar fyw 
fir. whyt for the teynd of the laird of Muirtoune's taillis at 5 lib. per boll 
inde 6 lib. 55. 

March 28th. Baillie Innes hes the key of the iron door of the Inner 
tolbooth to keep for this week. The Counsel! appoynts ane bank to be 
beatt throw the toune be tuk of drum this day for rouping the viccarage 
of the parochin of Elgin anno 1692. 

May 23rd. The magistrals and counsel! appoyntit Saturday nixt for 
ane general! randivous at tuo aclock in the efternoone conforme to the 
kingis proclamatione and for that effect ane bank to be beat through the 
toune this day and all fencibill persounes betuixt sextie and sextein to 
be present and in readines with there best airmis, ilk absent under the 
paine of fywe pundis Scottis money and the meiting to be in Chandrie 
churchyaird. 

June 27th. The keys of the iron door of the inner tolboith whair 
Mr. John Dempster is prisoner at Kinauld's instance is delyvered for this 
week to the keeping of Baillie Innes. 

July 25th. The counsel! appoynts ane bank to be beat dischargeing 
all the inhabitants of this burgh fra recepting in their houses, lofts or 
chops any plaiding vntill first the custome therof be payed and that the 
same shall be presented to the publict mercat and not sold in privat 
houses under the hazard of the loss of their freedom and to be furder 
punished at the discretion of the magistrats. 

Gawin Watson hes the keyes of the iron yeat of the inner tolbooth 
for this week. 

August 29th. Anent John Rose. The provest and baillies, John 
Donaldson and thesaurer to meit this efternoon at John Rose, mason, 
to agrie anent the repairation of the bridge of Lossie. 

October 24th. It is enacted that who ewer keeps the keys of the 
iron door of the inner tolboith shall be comptable for any who shall 
escap furth of the toolboith dureing the tym they keep the keys. 

1693. 

February I3th. The magistrats and counsell hawe granted libertie 
and licence to George Garioch, litster, to set up ane signe to the foir- 

V I 



354 RECORDS OF ELGIN. [1693. 

street one foot without the channell opposit to the decest Baillie Ogilvie 
his rood of land and that for the space of ane year allenerlie provyding 
he obtain his londladys consent therto. 

March 6th. The clerk is appoynted to draw out and extend 
Alexander Chalmer his precept of clare constat as air of provision to the 
deceist James Chalmer of Pettinseir for his father of his second mariage 
of the lands of Easter Pettinseir for which he hes instantlie payed 20 
merks to William Rose, thesaurer, wherof ten merks allowed for his few 
dutie anno 1692 and the other ten merks for his entrie. 

June 5th. George Chalmer of Pettinseir his entrie to the lands of 
Easter Pettinseir componed to 50 merks Sc. 

June ipth. Margaret Russell hes payed to William Rose, thesaurer, 
20 punds Scots for ane yeir's duty of the minister's mans possest be her. 

Anent casting the burne of Tayock. It is appoynted that the current 
of the stryp of Tayock be casten and red from Lossie vpward to the peat 
moisswards and the whole inhabitants be advertised each famelie to 
furnish ane man and spad and to enter to the work to-morrow and for 
that effect the south |east quarter to be advertised to meit to-morrow be 
nyn acloak. 

Anent casting peats in the Cattails. Forsomuch as severall of the 
inhabitants of this burgh about the west port and elswhair hawe hitherto 
presumed without licence from the magistrats to cast and sell peats and 
turffs in that peice moiss belonging to the toune besouth the water of 
Tayock adjacent to the lands of Mayn Therfor the magistrats and 
counsell ordains that non herefter presum to cast any peats or turffs in 
the said moiss without speciall licence had and obtaint from the magis- 
trats and counsell and als it is appoynted that ther be ane part and 
portion of the said moiss marked and potted for the use of the bedmen 
and all and whatsomewer person or persons discharged fra casting 
therin except the bedmen. 

Oath of Alledgeance and Assurance : Wee doe sincerlie promeis and 
swear that wee will be faithfull and bear true alledgeance to ther 
majesties King William and Queen Marie So help us God and sicklyk 
doe in the sinceritie of our hearts assert acknowledge and declare that 
ther majesties King William and Queen Marie are the only lawfull 
vndoubted soveranes of this realm als weill de jure that is of right 
King and Queen as de facto that is in the possession and exercise of the 



1694.] TOWN COUNCIL MINUTES. 3S5 

government and therfor wee doe sincerlie and faithfullie promeis and 
engadge that wee will with hearts and hands lyfs and goods mantain and 
defend ther majesties tytle and government against the late King James 
and his adherents and all other enemies who either by open or secret 
attempts shall disturb or disquiet ther majesties in the possession and 
exercise thereof. (Signed) Thomas Allane, decone to the hamermen, 
John Purs, deacn to the ueivers, Alex. Mar, diken to the wrights, J. Purs, 
yo r ., lait deackn to the ueavers. 

June 26th. Thomas Watson hes payed William Rose, thesaurer, the 
viccarage teynds cropt 1692 extending to 234 punds Scots. 

July 24th. The magistrats and counsell appoynts ane exact list to be 
taken of the heall inhabitants of this burgh and for that effect that ilk 
baillie goe alongst his ovin quarter and make ane exact roll and to report 
the next counsell day. 

September 25th. The deacon convener and others take the oath. 

October 3Oth. Thomas Watson is granted leave to erect a stair on 
the north syd of his kiln at the schooll Wynd on payment yeirlie to the 
burgh of 2s. Sc. 

1694. 

August 1 3th. The counsell appoints the clerk to draw ane proclama- 
tione to be intimat throw this burgh anent the stranger beggars that are 
in this burgh conforme to the acts of parliament and last proclamationc. 

September 24th. All the old counsellors continoved and David 
Brodie and Thomas Donaldsone, merchants, added. Alexander Muir, 
wright, presented a petition from the trades of this burgh craving the 
counsell might name of these thrie persons Alexander Muir, John Burges, 
gunsmith, and William Edward, tayleor, to be deacon conveener. The 
Counsell refuse to accept thereof becaus the deacons and givers in of the 
samen have not qualified themselves conforme to law and so are not 
capable to make electiones and therfore they have elected Alexander 
Muir a counsellor as a persone who is fitt for that effect and not as 
Deacon Conveener. 

The clerks appointed to draw and intimat by tuck of drum to the 
inhabitants that they meet the magistrats Thursday nixt the 27th instant 
at the Tolbooth in maner folloving viz. the south east and south west 



356 RECORDS OF ELGIN. t l6 9S- 

quarters be eight acloak in the forenoon and the north east and north 
west quarters be tuo in the afternoon to give up subscryvit lists of their 
names, degrees and walue of their estates in payment of the poll mony 
and of their families conforme to the act of parliament with certificatione. 

Act for the counsellors their frequent keeping the Counsell. The 
counsell unanimously ordains statuts and enacts that each counsellor 
keep and meet in the counsell upon every counsell day and in all other 
meetings to be appoynted be the magistratts preceesly under the failyie 
of 2os. Scots money which the counsell hereby imposes as a fyne upon 
ilk absent who shall not meit in maner forsaid. 

November ipth. Establishing a guard. The counsell appoints a 
guard of sixteen men and a captain to be keeped each night and im- 
povers each captain to fyne the absents and the captains to be named 
by the baillies and the samen to begin at the south east quarter of the 
toun and go round in the ordinar maner. 



1695. 

February 7th. The peice ground lyand within the east port on the 
north syde therof fewed by the magistrats to John Proctor, weaver in 
Whytwrae. 

Act anent the Trades their mortcloath. Anent the complant given in 
against the Deacon Conveener and the Trades for making ane mortcloath 
and lending and giveing the same to the inhabitants to the great prejudice 
of the comunity by taking avay the casualties of the tounes mortcloath 
which being considered the counsell statuts and appoints that the said 
mortcloath be not given to any but such as are objects of charity. 

Anent the baillies their keeping courts. The counsell appoints one or 
tuo of the baillies to keep courts every week and the tuo eldest baillies 
for the moneth of February and the other tuo for the moneth of Marche 
and so moneth about in tyme coming. 

George Garioch, burges. George Garioch, litster, was admitted burges 
freeman and gild brother of this burgh and that at the speciall desyre 
and request of Sir James Ogilvie his majesties solicitor, the toun's advocat. 

February 25th. The Counsell gave commissione to the provest to 
caus bring home ane new welvet mortcloath. 



1695.] TOWN COUNCIL MINUTES. 357 

The gift of the vaiceant stipend for 1694 is this day delyvered to 
Clerk Andersone. 

The Counsel hes admitted William Geddes, indwaller, to be ane 
graveman during their pleasure. 

June 25th. [Dyksyde's Mortification here recorded. The deed is of 
date 23rd May, 1695, whereby John Innes of Dyksyde mortifies 600 
merks to the Magistrates of Elgin for the poor of Elgin. The 600 
merks to be wared out upon land. Also 200 merks to the poor of 
St. Andrews, the interest to be paid by the Magistrates of Elgin to the 
minister and kirk session of St. Andrews. Also 200 merks to the poor 
of Birnie.] 

August 5th. The new mortcloath given to William Dowglass, 
thesaurer, which coast 227 lib. 1 2s. 6d. and the thesaurer is ordained to 
pay the samen to William Gordon of Fascan who brought the samen 
from Holland. 

The keys of the prisons where Parkbeg and Andrew Shand are 
prisoners delyvered to Baillie Donaldsone. 

August 1 2th. The post office of horses set to William Mitchell, 
hyrer, till Whitsonday next, 1696, for payment of 12 punds Scots. 

3529 received by the town for ane composition for the accompts 
restand be the forces to the inhabitants. Sir George Mackenzie's relict 
received 510 Sc. by a decreet from the magistrates. The provost is 
paid for building and erecting the Gramar School and for treating the 
officers of the King's forces in passing and repassing thorow this burgh. 

October 28th. Each quarter to be called out for one day for casting 
the run of the water of Lossy, ilk persone under the failzie of i8s. Sc. 

The pryces of the mortcloaths. The best mortcloathe when used 
within the toun 4 punds Scots, the second 403. Sc. the children's mort- 
cloath IDS. Sc. Pryces for the bells. For the ringing the great bells at 
funeralls 2os. Sc. for burgesses and 405. Sc. for strangers. Pryces for the 
bellmen. The counsell appoints the pryces of the bellmen's fies and hyre 
for ringing the great and small bells viz. 6s. Sc. for ringing the great bells 
to each buriall als oft as the parties calls for them to be rung and not 
exceeding the said 6s. for all these tymes and 43. Sc. for each tyme 
he goes thorow the toune with the litle bell and to ring the litle bell for 
the poor gratis. Pryces for the gravemakers. 143. Sc. for ilk grave they 
make to men or women and 73. Sc. for each grave they make to children 
and to cast the poor's graves gratis. 



358 RECORDS OF ELGIN. [1696. 

November i8th. No church monthly pensioner hereafter to beg 
through the streets. 

December 2nd. The pettie customes set for a year for payment of 
406 punds. 

December I3th. The laird of Grant has discharged the toun of the 
kirk timber extending to 1500 lib. Scots and the toun has discharged 
him of 440 pund as 22 years' few duety of the lands of Kirdells and of 
15 years feu duetie of the Oldmills Croft. The toune hes discharged 
him of 629 lib. 135. 4d. as his proportion of the stent for building the 
church and of the tynd duety of the lands of Oldmills and Loganshaugh 
being ii bolls of bear yearly for 5 years, 1690-94, at 5 lib. the boll to 
275 lib. Scots. 



1696. 

February i7th. Agreement to be made with Donald Ogilvie, masone, 
for repairing that part of the bridge of Lossie which is now fallen and 
for redding and taking the stones out of the water. 

The counsell appoints the lands of Messindew the viccarage tynds, 
1696, the grass of the Cattails and Goosecrook to be publictly rouped on 
Saterday the last of February. 

March 2nd. Ane waird in the Cattaills set for sex punds Scots. 

May 25th. William Cuming of Achrey dispones to the toun the tuo 
roods of land and back yeards which pertained to wmq 11 . Provost Cuming 
his father lyand in the south syde of the brugh opposite to the croce for 
payment of 2000 merks Scots money. 

June 1 5th. The counsell appoints William Brodie to be secured 
within the inner tolbooth. 

June 22nd. The counsell setts the grass of the Gallowhill to Baillie 
Donaldsone for this year gratis and for half a merk in the year for 3 
years therafter. 

June 29th. The counsell appoints the magistrals to send letters to 
the brughs of Tayn, Dornoch and Dingwall anent the abuses our 
merchants and traidsmen meet with in their mercats. 

July 27th. Gift by the lords of Treasury to the Magistrates of the 
vacant stipend of Elgin crop 1695. 



1697.] TOWN COUNCIL MINUTES. 359 

August loth. The heall counsell haive vnanimouslie condiscended 
that the magistrates shall not dispense with the judgeing of Peter 
Cantley, chapman, in favors of the Shereff but that the magistrals 
proceid and mantain the right and priviledge of this burgh. 

William Paull, merchant, presents a very abject petition to the 
Magistrates and Toun Counsell for his folly in protesting at the last 
Michaelmas election against the toun counsell that they might not con- 
tinue William King of Newmill to be provest and in most unadwysedly 
raising counsell letters against Provost King and Alexander Fordyce 
one of the counsell of the burgh. He now humbly submits himself to 
any punishment the Counsell may think fit. 



1697. 

May loth. The Counsell, Provost King and Alexander Fordyce 
having removed, for the fault and indignity done be him to the Magis- 
trates and Town Council and particularly to Provost King and Alexander 
Fordyce, declares William Paull to have lost his freedom as a burges of 
this burgh and ordainis his burges bill to be publicly cancelled and 
destroyed. Sicklyke they fine him 500 merks Scots and ordains him to 
be carried to the tolbuith of the burgh and ther keept close prisoner 
untill he pay the samen also to lose his few of ane aughten part of the 
Greischop lands and to stay in prison after payment of his fyne during 
the magistrals pleasure. 

May i/th. Guards appointed. The counsel appoints that heiraftcr 
there be ane nightlie guard consisting of tuelve men and a captain keeped 
within this toun frae nyne a cloak at night till four a cloak in the morning 
dureing the magistrats pleasure and that each persone who bees warned 
to keep guard and shall absent himself therefrae shall be lyable in fourtie 
shilling Scots money of fyne toties quoties for which the captain is 
impowered to poynd the deficients. 

William Paull his sentence. The magistrats and counsell haveing 
taken to consideratione the address made to them by my Lord Duffus 
and Sir James Calder of Muirtoune in name of William Paull, merchant 
in Elgine, anent the mitigatione of the sentence past against him the last 
Counsell day they appoint and ordained the said William Paull to be 



360 RECORDS OF ELGIN. [1697. 

taken furth of prisone to the mercat croce twixt allevin and twelve 
a cloak this forenoone and there to make publict acknowledgment of his 
offence done to the provest, baillies and counsell and his burges bill to be 
rent and tome and therafter to be returned to prisone ther to stay untill 
he grant and subscryve ane band to Thomas Donaldsone, thesaurer, for 
fyve hundred merks for his fyne payable at the magistrats discretione 
according to his future deportment and behaviour and dispences with the 
rest of the forsaid sentence. 

June 7th. Register of the dead. The counsell hes appointed Mr. 
William Cuming, master of the Musick Schooll, to keep a register of 
the dead within this brugh for which they ordaine him to get tuo shilling 
Scots for each persone and appoints the gravemen to open no graves 
untill the samen be payed excepting allwayes poor people and tounes 
publict servants. 

July 1 2th. The west marches of this burgh and moiss and greens of 
Mostowie to be visited Saterday next. 

Margaret Dunbar fined. Upon complaint made to the Magistrats 
and Counsell be John Winster, merchant in Elgin, against Margaret 
Dunbar, relict of vmq 11 . Robert Falconer for persewing and his vyfe befor 
the Shereff of Moray and not the magistrats wherby she hes contraveined 
the statuts of this burgh made theranent the Magistrats and Counsell 
finds her guiltie of transgressing of the said statut and amerciats her in 
ane hundred punds Scots. 

Shereff to be charged. The magistrats and counsell ordains Thomas 
Donaldsone, thesaurer, to imploy John Chalmcr, messenger, to goe to 
Forres and chairge the Shereffe principall of Elgin and Forres be vertue 
of letters of horning raised at their instance against him for incroaching 
on their freedome and priviledges and to get the messenger's executions 
on the horning with all possible diligence. 

[Papers left at Edinburgh : the toun's great charter 1633, ratification 
1661, and the toun's old decreet against the shereff 1540.] 

[The clerk is appointed to draw charters to Alexander Sutherland, 
second son to Alexander Sutherland of Kinminitie and Barbara Guthrie, 
his spouse, of the town and arable lands of Mostowie, half of Croft Croy 
and half of the houses and tofts in Old Mills.] 

October nth. The counsell having considered the proces raised 
before the lords of his Majesties privie counsell at the instance of William 



1700.] TOWN COUNCIL MINUTES. 361 

Paull, merchant in Elgin, against William King, provest, James Stewart 
and Robert Andersone, baillies, etc., resolve to defend the action at the 
expense of the burgh. 

1698. 

April 1 8th. A baillie to meet with the kirk session. The counsell hes 
appointed that in tyme coming the baillies sit and meet with the kirk 
sessione, ilk baillie monethlie, for interponing there authority to the acts 
of the kirk sessione as they shall sie convenient and appoints Baillie 
Innes to begin and so each baillie to keep their turn. 



1699. 

August 2 1 st. The counsell agree to enter Sir Alexander Innes of 
Coxtoune by a de novo damns to the lands of Wester Pettenseir and to 
modifie his compositione and bygone few duties to his own pleasure 
considering the freindship which the said Sir Alexander Innes upon all 
occationes testifies towards this burgh. 

September 25th. The counsell appoints the Michaellmas head court 
to be holdin upon Wednesday the fourth of October nixt. 

The counsell ordains notorious soroners, wagabonds or strangers to 
be instantly banished the burgh and territories thereof in terms of the 
acts of his Majesties privie councell and proclamatione anent mantaining 
and provyding for the poor and returning home wagabonds, soroners and 
straingers to their respective paroches and countryes. 



I 700. 

May 2Oth. Robert Anderson and George Chalmer elected conjunct 
toun clerks of this burgh ad vitam aut culpam, considering the great 
trouble, perrill, hazard, toyll and fatigue the said Robert Andersone had 
in provyding for billeting and quartering his Majesty's forces in their 
locall and transient quarters in the burgh and considering the said 
George Chalmer's father, grandfather and grand uncle servit this burgh 
as toune clerke and considering Robert Anderson and George Chalmer 
have served this burgh faithfully and honestly. 

W I 



362 RECORDS OF ELGIN. [l/OO. 

September i8th. Articles of Agreement betwixt the Toun and Trades: 

(1) That the old deaconrie setled betuixt the Toun Councill and the 
crafts, 1657, and all other agreements be restored to them, the weaver 
craft being excluded because they have made no present applicatione. 

(2) Ilk craft to choose their own deacon instead of ilk craft giving in a 
list of three out of which the Magistrates and Councill choose one to be 
deacon. (3) A deacon not to be re-elected except with the Magistrates' 
consent. (4) The Magistrates to have the power to oversee the election 
of deacons. (5) The counsell as before to choose a deacon convener out 
of a list of three to be given in, said deacon convener to sit as one of the 
members of Toun Councill. (6) Out of the number of the remaining 
deacons chosen yearly the Magistrates and Councill are to choose other 
tuo, who are also to sit and vote with the conveiner in the Toun Council. 
(7) That the Magistrates and Councill have full freedom once in the tuo 
years to reccave any stranger to the freedome of this burgh upon 
payment making of such money to toun and craft as they shall modifie, 
he being of a trade not as yet practised within this place or one who can 
work eather in mettalls or others to a perfectione not as yet attained to 
in this place. (8) In respect there are severall factious and seditious 
tradesmen amongst the respective crafts who have made it there study to 
set the Toun Council gildrie and crafts of this burgh at varriance it is 
agreed upon both by the Toun Councill and crafts that the incorpora- 
tiones of the crafts shall exclude from there publict offices and meetings 
such as the Magistrates and Town Councill shall name and make appear 
to have been such, the number named not being above ten, the trades 
referred to being the hammermen, glovers, shoemakers, wrights and 
tayleors. 

September 23rd. James, Lord Duffus, unanimously elected a member 
of the town councill and afterwards provost. He takes the oath of 
allegiance and subscribes the same with the Assurance and band of 
Association. 

October 8th. The Councill appoints Saterday next the I2th inst. to 
meet and consider the disturbances committed be John Sutor, late 
Deacon to the Carpenters, James Pedder, late Deacon to the shoemakers, 
and Robert Blensher, late Deacon to the tayleors, James Roy, wright, 
and Alexander Forbes, smith, in the church the last Lord's day, and 
appoints them to be cited to compeir for the samen. 



1701.] TOWN COUNCIL MINUTES. 363 

[No minute recorded I2th October, and no minutes between i6th 
October, 1700, and loth March, 1701, the minute book being probably 
at Edinburgh.] 

October i6th. The Council engage to relieve the defenders called in 
the Council proces at the instance of Baillie Innes before the Lords of 
his Majesty's Privie Councill against William King of Newmiln, late 
Provost, and others for several pretended malversations. The Council 
grant warrand to the clerk to carry to Edinburgh the Court and Council 
books to be produced before His Majesty's privie Councill. 



I 701 . 

March loth. The Baillies presented ane act of the privie Councill 
freeing this burgh from receavcing prisoners for civill debts untill Whit- 
sonday, 1703 years, and lykcwayes granting warrand to put shekles 
upon Linkwoods in the tyme of his furiosity for preventing his escape. 

Toun Guards. In respect the toun's guards are ill keeped therefore 
the councill appoints the baillies to reforme the samen. 

September 22nd. Petition from the Weavers showing that they were 
wrongly induced to abet the pursuers in the action before the Privy 
Council against the Provost and others. They now see their error, plead 
for pardon and ask to be received in favour and to share the benefit of 
the late agreement with the other Crafts. 

October 2Oth. The Comitie for regulating the guard rolls gave in 
the samen consisting of sextein guards with twenty men, a captain on 
each guard which are read and approven and appointed to be given out 
to the respective captains who are ordained to keep guards conforme to 
their severall turns from eight acloak at night to sex acloake in the 
morning and the thesaurer is appointed to furnish each guard with four 
candle and four duzon of peats every night and to the effect the saids 
peats may be gottin in readie the Councell appoints two of the Baillies 
to goe out with their first conveniencie to Mosstowie and hold court and 
decern the haill inhabitants thereof who live be the town's mosses to give 
a load of peats for that use and thereafter to appoint the town's hyrers to 
lead home the samen and statuts and enacts that all other peats that are 
brought to the publict mercat and bought be the inhabitants of this 



364 RECORDS OF ELGIN. [1702. 

burgh shall pay a peat out of the load in time coming for furnishing the 
saids guards in peats and the magistrats to appoint the town officers or 
any other persone they please to uplift the samen and ilk absent from 
the guard the captain is authorized to fine them in sextein shilling Scots 
for the night's absence and the councell leavs it to the discretion of the 
captain to receave a sufficient man for such as cannot attend the guards 
themselves. 

John Gilzean's burgess bill as a militia man and for goeing to Argil's 
host renewed to him for payment of a summe of money which the 
Councell modified to ten merks Scots and appoints the thesaurer to 
discharge the samen. 

October 27th. Order for helping some Broads, The Councill appoints 
ilk inhabitant who has horse to give a yoken and draughts of them to 
help the back passage upon the south syde of the burgh and the roads 
that leads to Oldmilns below the Marywell brae under the penaltie of 
sex shilling Scots for ilk one who shall faill to send their horses upon 
advertismcnt be the town's officers. 

Act in favours of John Weir. Upon a petition from John Weir, 
saidler, cravcing liberty to sett up and work at the saidler trade within 
this burgh the Councill haveing considered the samen and that this town 
and countrie are ill served of sadlers and that the saidler trade are none 
of the saids crafts comprehended in the agreement with the town there- 
fore they allow the said John Weir to sett up at his trade for one year 
that within that tyme they may understand his qualifications. 

November 4th. Tack of the pettie customs for three years to 
William Chalmer for 500 lib. yearly. 



I 702. 

February 4th. Order for bringing again the march stone of Main. 
It being represented that Bailly John Donaldsone has by some mistake 
removed one of the march stones betwixt the toun and the lands of 
Mayn the Councell appoints Baillie Douglass to intimat to him to bring 
the said stone and sett it in the place where it formerly stood under the 
penalty of being pursued as a remover of land marks. 



1702.] TOWN COUNCIL MINUTES. 365 

February 2Oth. Liberty to Mr. William Sutherland for building a 
house at Lossiemouth. The Councill upon applicatione made be Mr. 
William Sutherland third lawfull sone to my lord Duffus anent the 
liberty of building a hous at Lossiemouth unanimously allowes and 
grants warrand to the said Mr. William Sutherland to build ane hous 
or other conveniencies at Lossiemouth upon any peice of ground except 
that peice upon which the toun were to build there hous and for building 
therof they allove him 20 ells of ground square or more if he desyrs 
reserving the modificatione of what few duety he shall pay for the sameti 
to the Councill and allowes the said Mr. William Sutherland to caus win 
stons in the rocks and quarries at Lossiemouth for building the said 
hous. 

Appointment for feiving the Cattaills. The Councill considering 
that the grass of the cattaills and houses belonging thereto are in the 
toun's rentalls at 42 pund yearly is become very incffectuall and that the 
toun thir many years cannot get the same effectually set nor the rent 
therof made good and that there is a warrand from the general! 
conventione of the borrowes for fewing therof and that there are offeirs 
made to few the greens at the rate of the said 42 punds therefore the 
Councill appoints the said grass of Cattaills to be fewed reserving 
alwayes the haill muirs lyand in the south and south west syds thereof 
as comonty after the form, maner and way of possession used in all 
tymes bypast and for that effect the said Councill appoints thrie publict 
roups upon thrie severall dayes to be made within the tolbooth of the 
said burgh. 

April 2 ist. Commission to James Baird, writer to the signet, to 
agree with the Managers of the Foreign Customs and Excyse ancnt 
what shall be found due to the toune for their share therof conform 
to the formula given in be the toun. 

James Brodie, pirivick maker in Elgin, reseawed and admitted burges 
and frieman of this burgh and that gratis at the speciall desyre of 
James Brodie of that ilk and George Brodie of Askleisk. 

June nth. A charter and few right of the Cattaills to be granted to 
David Brebmer, merchant, who has consigned 1 1 50 merks therefor. 

June 27th. The Magistrats, Toune Counsell and deacons of craft 
take and subscribe the oath of alledgeancc and assurance to Queen Ann. 
[One of the subscriptions is as follows : " I B (at comand of James 



366 RECORDS of ELGIN. 

Bannerman, deacon of the shoemakers and one of the toun counsell 
who cannot wreat himself)."] 

August 27th. Order for writting to Durie anent Linkwoods. The 
Counsell have vnanimouslie agreed that my Lo/ Duffus vreit ane letter 
to Sir Alexander Gibson of Durie anent the secureing the toun and 
inhabitants therof against any prejudice they may sustain be Robert 
Gibson of Linkwoods and upon granting therof the toune will be at the 
expenses of carieing him south to Edinburgh. 

August 3 1 st. Baillie Stewart's accounts as Commissioner to Par- 
liament and Convention. It is found that James Stewart, late baillie, 
vent from Elgin upon the eight day of June last to attend the session of 
parliament and convention and returned upon the second day of Agust 
instant extending to fiftie sex days at thrie punds per diem to 168 punds 
and that his horse hyr 'south and north extends to 20 punds qlk in all 
amounts to 188 punds Scots. 



1703. 

January 4th. Order for Linkwood's releasment. John Gordon of 
Leitchestoun and Peter Gordon, his eldest son, become sureties for 
Robert Gibson of Linkwoods his peaceable behaviour to all the 
inhabitants of this burgh. The Councill unanimouslie ordain the said 
Robert Gibson to be released out of their prison upon the said John and 
Patrick Gordons their granting a bond of cautionrie of Lawburrows to 
all the inhabitants of this burgh and the said Robert his paying what 
damnages he has done to the nether tolbooth and building the buttress 
by the sight of the magistrates but prejudice to the magistrates to pursue 
the said Robert Gibson for his burning the tolbooth. 

The Councell condiscend that the augmentation of the few duty of 
Cattaills attour the old few duty be one pund Scotts and that the entry 
of any singular successor not a burges or inhabitant of this burgh be 200 
merks and that the Councell have liberty to make a high way through 
that part of the said lands opposit to the school wynd of the breadth of 
40 foot and that David Bremner and his heirs and successors be restricted 
from casting peats in any part of the said lands except in such stanks as 
shall be convenient for draining therof. 



1703.] TOWN COUNCIL MINUTES. 367 

April 7th. Resignation of Mostowie in favours of Mr. William 
Sutherland and his Ladie. James Anderson as procurator for James 
Lord Duffus resigns the town and lands of Mosstowie in the hands of 
the baillies of Elgin, superiors thereof for new infeftment of the same to 
William Sutherland, third son to said noble lord and Helen Duff, his 
spouse, daughter of William Duff of Dipple, conforme to a contract of 
marriage signed at Elgin and Inverness the I7th and 22nd October last. 
His entrie modified to 40 pund Scotts. 

April 26th. 100 punds Sc. appointed to be paid to Master William 
Sutherland the toun's commissioner to the ensueing parliament for 
defraying his charges thereat. 

Act for selling Provost Cuming's houses to Baillie Calder. The 
Councill has agreed to dispone to Thomas Calder, baillie, the borrow 
lands, tennements and yairds pertaining to umq 11 . George Cuming, 
provost of Elgin, and disponed to the town be William Cuming of 
Achry for 200 merks. 

September 6th. James Russell, bellman. The Councill constitutes 
and appoints James Russell, merchant in Elgin, to be their bellman and 
the said James Russell obliges him that he shall keep the toun's clock so 
right in her going as that she shall not go half an hour wrong backward 
or forward in twenty four hours time as als he obliges himself to ring the 
eight hours bell at night and four hours bell in the morning punctually 
and if he faill in either to lose his said office and be at the Councill's will 
as alse he dispences with all the oill and tallow which the toun were 
formerly in use to pay quarterly for upholding and keeping right the 
clock and bells which he shall now do on his own charges and also he 
dispences with and shall crave no yearlie salary from the town in 
consideration of which he shall have the sole right to the dues of the 
little bell with the casualities of the great bell besides what is payable to 
the treasurer and the Councill appoints the treasurer to give to the said 
James Russell two dollars for bussing the clock. 

[At this period persons admitted as burgesses usually paid 50 marks.] 

November Qth. David Sutherland, glover, son to Thomas Suther- 
land, portioner of Keamb, admitted as the provost's burgess for this 
current year. [He takes the oath but makes no payment] 

November i5th. The Council ratifies the agreement with Robert 
Innes of Mondoll as cautioner for Linkwoods in the lawborrows set by 



368 RECORDS OF ELGIN. [1704. 

Linkwoods to the heall inhabitants of this burgh wherby the magistrates 
cause the treasurer grant ane discharge to Mondoll for his cautionrie for 
Linkwoods and ane assignatione for his relief upon payment of 400 
merks Sc. with 100 merks more to be paid be him and Coxtoune which 
400 merks was payed to the massons for building the harbour at 
Lossiemouth. 

Address in favours of Mr. Henderson. The Councill unanimously 
agreed to send ane address to the privie Councill in favours of Mr. 
James Hendersone, minister of the gospell, anent the process raised 
against him before the privie Councell at the instance of the agent for 
the kirk and her Majesties advocat. 



I 704. 

June 1 2th. The Councill enacts and ordaines that the officers in 
tyme coming carrie their halberts when they come to the street and 
when they have occasione to goe in to any house that they leave their 
saids halberts at the closs head so that they may be the easier found 
when the magistrats or any of the burgesses or inhabitants have anie 
service for them as also the officers are ordained to wear their swords on 
mercat days. 

November 6th. The Councill grant warrand to Thomas Hosack to 
win in three bolls sowing of the moors belonging to the town lying 
besouth Mostowie he to pay nothing therefor for the first seven years. 

George Junken, latelie servitor to Lord Duffus, created burges and 
gild brother as the provost's burges for this year. 

December 2ist. The Council fine James Gordon, junior, merchant 
in Elgin, 100 punds Scots for contemning and defaming the magistrates 
and magistracy of this burgh in as far as the said James Gordon being 
one night in the month of March last in company did say that the 
magistrals of this burgh were a parcell of beasts for giving so large 
concessions to the trades therof as they had by the agreement twixt the 
toun and them. 



1705.] TOWN COUNCIL MINUTES. 369 



1705. 

February 22nd. The Council resolve to submit to arbitration the 
Exchequer proces depending at the instance of William Paull, James 
Gordon, sen r . and jun r ., William Mitchell and Charles Gordon, 
merchants, in this burgh against the Magistrats and Treasurer. 

April yth. The Council considering a tumult arose in town upon the 
4th inst. occasioned by a crowd of apprentices meeting in a seditious 
manner and assaulting of James Davidson, sadler, ordain that apprentices 
taking part in rabbles, mobs or tumults shall be banished the burgh. 

July i6th. The tounes marches from the lands of Mayne and 
Aikenhead, now pertaining* to Thomas Brodie of Pittgeavenie, and the 
lands formerlie pertaining to Robert Gibsone of Linkwoods and now to 
Sir Alexander Innes of Coxtoune to be visited the morrow. 

September I2th. The Council give warrand for a submission tuixt 
the Council and some merchants and inhabitants (William Paull and 
others). There is presently a Committee of the Royal Borrows sitting 
in this town in order to accommodate the differences of the town. 

September i3th. Submission and decreet arbitral! betuixt the 
Council of Elgin and inhabitants therof. Differences have existed for 
eight or ten years as the same persons were always kept in the Council, 
&c. 

Set of the Burgh of Elgin made by a Committee of the Burrows : 
That the number of the Town Council of Elgin shall consist of seventeen 
councellors including the Deacon Conveiner for the time and two other 
deacons of trades which two Deacons are to be chosen by the Councill 
conform to the trades their contract with the gildrie : Item that Munday 
imediatly preceeding Michaelmas yearlie be the day of the election of 
the new Council for the ensuing year : Item that Tuesday therafter 
imediatly preceeding Michaelmas as said is be the day of the election 
of the Magistrats and other office bearers of the said burgh : Item that 
there shall be putt off yearly of the old Councill three of the gildrie and 
two of the trades and in their place as many elected of the same quality: 
Item that out of the forsaid number of the Councill ther shall be chosen 
ane provest, four baillies, Dean of gild and treasurer and other office 
bearers, which provost shall not continue in office of provostry above 

X I 



370 



RECORDS OF ELGIN. [1706. 



three years at once but prejudice always to change him yearlie as the 
Councell shall think fitt and the saids baillies, dean of gild, treasurer and 
other office bearers shall not continue in their said offices above two years 
at once but prejudice to change them yeirlie as said is : Item that the 
provost, baillies, dean of gild and treasurer shall ex officiis be continued 
on the Councill for the nixt year after they are putt off their respective 
offices : Item that the old Councill yearly choise the new Councill and 
that both old and new Councils yearly choise the Magistrats and other 
office bearers : Item that no person be capable to be elected a Magistral, 
office bearer or councillor within the said burgh except residenters and 
burgesses within the same actuall traders and trafficquing merchants 
bearing scot and lott and all portable charges with neighbours therin 

. [assessors to the dean of guild and stent masters to be appointed] : 
Item that no stent be imposed on the inhabitants of the burgh except 
the publick cess due by law without consent of ane head Court . . . 
[A Head Court to be held yearly.] 

November 26th. Bailie Brodie has the keys of the prison where 
Linkwood is. 

December i;th. The Councill takeing to their consideratione that 
their is one of the keyes of the tounes cadzet amissing therfore the 
Councill ordaines the cadzet to be brok open and the heall papers and 
writts which are lyeing therein to be taken out and putt in ane chest 
belonging to Baillie Russell which is ordered to lye in his owne custodie 
and the key thereafter to be given and keept by the provost till the lock 
of the old cadzet be helped and the baillies and such other of the 
councill as pleases to attend is to go about this the morrow afternoon 
at three accloak. 

The Councill takeing to consideratione that in former tymes, at least 
these severall years bygon their was no custom exacted for malt brought 
in and sold in the toune therfore the Councill declared that they will 
take to their consideratione next Councill day the same. 



I 706. 

January 7th. There being an additional impositione of 18 Sc. 
monethly layd on upon this burgh by the late Conventione of burrows 



1706.] TOWN COUNCIL MINUTES. 371 

therfore 35. 4d. Sc. to be exacted for ilk boll of country malt brought in 
and sold within this burgh to the brewers and retaillers excepting private 
brewers and retaillers. 

William Sanders, phiscall, lyes incarcerat within the tolbooth of 
Forres for a debt. He craves the benefit of the Act of Parliament 
anent alimenting poor prisoners. Robert Chalmers is appointed phiscall. 

January 2ist. The Councill does herby ordain that the great bell be 
rung every night at eight aclock exactly and the drum to begin and beat 
at nine aclock every night precisely and the clock to be wind up at 
tuelwe aclock each day as also the great bell to be rung every morning 
at fyve aclock exactly and the drum to begin and beat at four aclock 
exactly and the bellman and drummer are ordered to observe this act 
precisely under pain of deprivation of their offices. 

January 28th. The Councill considering a letter direct to them by 
Sir Robert Forbes of Auchinhove, advocat and agent to the Borrows, 
bearing that the Privy Council had granted a warrand for a voluntar 
contribution to him for building a bridge on the water of Dee a little 
below the toun of Kincardin and therfor intreating the Councill would 
ordain the contribution to be gathered by some of their own number 
from each particular person's own hands and going from house to house, 
They in obedience to the said Act of Councill and for the respect they 
bear to the said Sir Robert Forbes allow the said contributione to be 
sought in maner forsaid and for that end do nominat Baillie Gordon and 
James Gordon, senior, to collect the same. 

March 25th. The Councill considering that Robert Gibson of Link- 
woods is presently very furious and had almost broken their prison 
they by virtue of the Act of Secret Council granted them ordain him 
imediatly to be secured in irons. 

July 8th. The Sorrow's Ratification of the Sett agreed to I3th 
September, 1705 [here recorded in full]. 

There is 6 Sc. due to James Gordon, senior, for mourning ribbands 
given to the officers at Baillie Russell's buriall. 

David Stewart and James Anderson elected clerks to the Town 
Council ad vitam aut culpam. 

October 7th. The Councill do recommend to the Provost (who is 
going south to the Parliament) to endeavour to procure an Act of Privy 
Council for a voluntary contribution towards building the tolbooth and 



372 RECORDS OF ELGIN. [l77- 

advancing the harbour at Lossie. The Councill recommend to the 
provost to endeavour to gett ane Act of Parliament in the town's 
favours for two pennies Scots upon the pynt ale to be applied for 
clearing the town's debt. 

November i8th. The Council upon a petition presented to them by 
the Trades ordain the bedall to ring the great bell each night at ten 
aclock as being a fitter hour for tradesmen to leave off their work and 
that upon the one side of the bell. 

December I5th. The Councill appoints the treasurer to take such 
methods as may be effectual to preserve the town's clock from being 
spoilt by the injurie of the weather and blowing from the north and 
south open places in the steeple. 

1707. 

April 28th. John Gordon gave in the keys of the laigh prisson house 
where Linkwoods lyes which were given to John Sutler. 

May 1 2th. The mosswards are all equally divided in the charters 
but very unequally divided in the manner they are now possest. The 
magistrats and lynstars are to lyne the wards from their west march 
with the lands of Main to the eastmost of the wards contiguous with the 
Cattails as they are presently possest and to sett off to each heritor the 
thirty two part of the said platt of ground whereof all the heretors 
inhabitants in town are to be certiorat by publick intimation. They 
reckon 32 spaces to each aughten part's ward and compting ane Scots 
eln of 38 inches to the space and including 6 quarters for stanks tb each 
ward. The Councill appoints the measures above written to be the 
standart in lyning the wards in all time coming. 

May 28th. Marie Bannerman, relict of George Leslie of Findrasie, 
is to mortifie 1000 merks Sc. for the poor of the parish of Spynie. The 
town council agree to stock it in their hands. 

Some of the town's houses and lands are sold at sight of the 
commissioners of Inverness, Nairn and Forres towards payment of their 
debts. Houses sold for 2000 merks Sc. One of the conditions of the 
roup of the town's houses : The roup is to be by inch of a candle. 

June i6th. John Innes of Dyckside represented that he had formerly 
mortified 1000 merks to the poor whereof 600 merks to the poor of Elgin 



1708.] TOWN COUNCIL MINUTES. 373 

and 400 to the poor of Birnay and St. Andrews equally which money 
was now in the hands of George Innes of Dunkintie conform to a bond 
granted to the Magistrates as patrons of the mortification. The said 
John Innes now designs to mortify 1000 merks more and for that 
purpose has purchased the Shutting Acres from Robert McKean at 
^1500. To the poor of Elgin the @rent of 1000 merks, of Longbride 
400 merks, of Birnay 200 merks, of St. Andrews 200 merks and of 
Urquhart 200 merks. 

June 23rd. The town's marches to be visited Saturday next by the 
heall burgesses. 

[John Innes of Darklen's mortification here recorded in full.] 

August 6th. The Council is debtor to Mr. William Sutherland, 
provost,, for .451 43. Sc. for his Commissioner fees at the last Session 
of Parliament from 8th October, 1706, to 5th April, 1707, and for his 
horse hyre south and north and a guinea given in to the Clerk Register 
with the draught of an Act of Parliament in the Town's favours for two 
penies on the pynt. 

September 22nd. William Duff of Dipple, now residing in the burgh, 
elected a Councillor also Kenneth McKenzie, apothecary. 

1708. 

January 1 2th. The Lossie Wynd Port to be looked to and to 
consider what reparations will be necessary to be made by masons.* 

February loth. The Councill considering that the tolbooth of this 
burgh being latelie burnt be Linkwoods does yet remain unrepaired and 
anything yet remaining therof is altogether insufficient as also consider- 
ing that the town have been often desired be the Justices of Peace to 
repair their said prison and that be reason of the severall debts and 
burdens wherin the town is engaged the common good is noways able to 
help the said work in the least and therfor the Councill unanimouslie 
appoint a Head Court of all the Burgesses to be called the 2ist inst. that 
the true state of the matter may be exposed to them and they either 
voluntarly contribute therfor or consent to a stent. 

* All trace of this Port is gone, but, to mark the spot, Provost Culbard, with the interest he 
takes in all matters antiquarian, caused a stone to be placed on a house in Lossie Wynd with the 
following inscription^ " Remnant of North Port Found 10 Feet due East. 1884. 



374 RECORDS OF ELGIN. [1708. 

The Council conform to the custom of their predecessors and the 
practice of other burghs in naming and deposing kirk treasurers and 
compting with them, discharge John Sutor from acting or exerceing as 
kirk treasurer in time coming and nominat Andrew Dick, Hospitall 
master, as Church treasurer in his place. 

March 8th. At a Head Court it is agreed to pay voluntarily for 
repairing the tolbooth. 

May 26th. Election of a Parliament man by Elgin t - Banff , Cullen, 
Kintore and Inverurie. It was unanimouslie agreed by the whole 
Commissioners that whoever shall be elected to represent this class or 
district of burghs shall serve all the sessions of the ensuing Parliament 
at his own expence and shall not demand nor have right to anie Com- 
missioner fees or charges or debursements whatsoever from all or anie of 
the burghs he represents but shall subscrive ane valid and formall 
renounciation and discharge therof befor he receive his comission. 
Colonell Patrick Ogilvie* of Loanmay, burges and inhabitant of the 
town of Cullen, commissioner from the burgh of Cullen, is unanimouslie 
elected to be a member of the House of Commons for the said burghs.~f- 

June 4th. On Wednesday last, the 2nd inst, at Trinitie mercat in 
this town ther arose a tumult occasioned by some souldiers seizing and 
pressing or attempting so to do to free lieges at the fair for which 
severalls of the souldiers were committed prisoners and remain in the 
tolbooth yet do appoynt tryall to be taken of the abuses committed. 
The Councill considering that at the tumult which arose in the mercat 
this week James Roy, carpenter in Elgin, was killed, as is informed, by 

* On the top of the Castle Hill, Cullen, is an inscribed stone with the initials M. P. O. and 
D. E. B., and the date, 1688 ; also a stone with the Baird arms, probably both removed from 
the house of Patrick Ogilvie of Pattenbringand, Cullen. His wife was Elizabeth Baird. 

t Brigadier-General Alexander Grant was elected Member for the shire of Inverness in 1708 
at the first elections in Scotland of members of the first British Parliament. He was present 
in Elgin shortly after the first nomination (on 26th May, 1708) of a member for the district of 
burghs, of which Elgin was one. While in the town he was made the subject of popular 
displeasure, apparently on account of the support given by him to the Union. On 4th June 
following he writes to an agent in Edinburgh : " Major Clephan will give you a full account of 
the insulencie happned me and some officers at Elgine upon the 2nd inst. ... he was to 
waite upon the Earle of Leven and receave his directions, and then will tell you what method to 
follow and order money for doeing it ... I can make no particular libell in the matter, 
since, except the magistrals, there was not four people in town but were concerned in it, so it 
must run against the whole. I expect your care in this, for I never met with such a piece of 
impudence done me, though, at the samen [time], it was the samen thing to them if they could 
but maul any body that either served the Queen or was well affected to the government." 
("Chiefs of Grant," I., 335.) . 



I/OS.] TOWN COUNCIL MINUTES. 375 

John Grantt of Carron, appoint a letter to be written to her Majesties 
advocat at Edinburgh and the town's agent that the advocat's advice 
may be had how to proceed to prosecute the murderer and the wounds 
and blood given to severall others of the burgesses the forsaid day. 

The Councill judging it convenient that the inhabitants of this burgh 
watch and ward conform to the custom of other burghs do appoint the 
haill burgesses to keep guard night by night as they shall be ordained by 
the Magistrates and appoint a repartition of the whole inhabitants into 
twelve guards and to name 24 persons for captains out of whom the 
Councill may choise twelve. 

June 25th. The Councill appoints the Town's marches of Mostowie 
to be ridden to-morrow and the inhabitants to be warned to attend the 
Councill befor noon. 

June 3Oth. The Councill do impower the Magistrates to subscrive 
an comission to Thomas Calder to uplift and receive any share due to 
this town of the sum subscrived for by the Borrows to the African 
Companie. 

July 2 1 st. The Councill appoints the town's marches with Link- 
woods' lands and the mosses of Strathkant and Glassgreen as also their 
marches with Mayn to be perambulat Saturnday next and all the 
inhabitants to be warned to attend the magistrates said day under the 
penalty of 403. Scotts each absent. 

The Councill upon a petition from William Duff of Diple and 
Mr. Archibald [Dunbar] of Thundertoun for themselves as heretors of 
Liggat and in name of the tenants therof craving leave for the said 
tenants to cast peats in the Moss of Mostowie this season 1708 do allow 
them liberty to cast, win and away take peats this season allenarlie. 

August 2nd. The Councill considering the calumnious and malicious 
information made to the Queen and officers of state of the Magistrals 
and Councill anent the last Michaelmas election and certane other points 
as if they were disaffected to the Queen and government which is most 
false as also considering that ther was latelie a precognition taken and 
witnesses examined by the sheriff by order from Mr. Secretarie Boyl and 
Sir James Stewart, advocat, and that it is reasonable the Councill should 
make their defence and vindication from these aspersions do grant 
warrand to the Provost, Baillie Falconer and James Anderson, clerk, 
to draw up informations, defences and ansuers for the Councill in this 



376 RECORDS OF ELGIN. [1708. 

affair and to advise and consult the same and if need be to transmit! 
petitions and representations to the Queen's most excellent Majestic of 
the affair and to subscrive the same for and in name of the Councill and 
to follow such other methods as they shall see proper for the Councill's 
defence and vindication and whatever expence they are at theranent the 
Councill do herby oblige them and their successors in office to refound 
and repay the same to them. 

The Magistrats reported that they had perambulat the town's 
marches with Linkwoods and Mayn and that ther was severall had 
casten peats in that part of the Moss of Glasgreen called Michie's Moss 
without warrand and that Pitgavinie and his tenants had casten peats 
within the bounds of the piece moss in contraversie tuixt the town and 
him and that they had caused arrest the said peats and that some having 
carried of the said peats since the arrestment do ordain such persons to 
be pursued befor the judge competent for damnages and breach of 
arrestment. 

August 1 6th. The Provost, Baillie Falconar and James Anderson 
reported that in prosecution of the Councill's comission last sederunt 
they had gone to Aberdeen and there by the advice of an Lawyer versed 
in the customs of England had drawen an petition to the Queen with an 
Memorial! to the Earl of Sunderland, Secretarie of State, and subjoined 
short notes and remarks to the witnesses depositions all which they had 
transmitted in a letter to the said secretarie of which procedure the 
Councill approves. 

September a/th. Resignation made be Alexander Sutherland, elder 
of Kinminitie, and M ris . Barbara Guthrie of the wadsett right upon the 
town and arable lands of Mostowie which was in their person by progress 
from the late Lord Duffus in favours of Mr. William Sutherland, provost, 
and Mrs. Helen Duff, his spouse, conform to the disposition granted be 
the said Alexander Sutherland, provost. 

October nth. Thomas Brodie of Pitgavnie claims as against the 
town the piece moss at the south end of the Longhill of Birnay. 

The Councill considering that it was the antient custom of the town 
councill to meet everie Munday morning at eight aclock which being 
som while past in disuse they of new statute and appoint that the whole 
Councillors meet everie Munday morning at eight aclock on the ringing 
of the bell without any other warning under the penaltie of i8s. Scotts 



1708.] TOWN COUNCIL MINUTES. 377 

money each absent without a reasonable excuse and ordain the Councill 
bell to be rung an quarter of hour every Councill day. 

Magnus Burger degraded and turned out from being one of the town 
officers for his severall faults and misdemeanors in suffering prisoners to 
escape from the tolbooth. 

October i8th. The Councill ordains and appoints the whole burgesses 
and inhabitants of this burgh (Councillors excepted) to keep guard in 
their respective turns from nine aclock at night till fyve aclock in the 
morning under the penaltie of 2os. Scotts to be exacted by the Captain 
of the guard without diminution unles the party have an reasonable 
excuse and this guard to comence immediatlie and to endure all this 
winter, accordinglie the town was cantoned immediatlie into 16 guards, 
consisting of 24 or 25 men each, and the Councill named their captain. 

November 1st. Lint searched. The Councill appoints the Magistrats 
and Dean of Gild to go with the town's officers each through an quarter 
of the town and search if ther be any lint in firehouses and to punish 
the transgressors conform to the town's statute and confiscat the lint to 
the officers and that immediatly to be gone about. 

Constables chosen: John Walker, Alexander Forbes and John Burges, 
gunsmiths, James Forsyth, glasier [and four others]. 

November 22nd. The Councill recommend that Colonel Patrick 
Ogilvie, representative of the classes of burghs in Parliament, use his 
endeavour for continuing Col". William Grant his independent companie 
and augmenting the number for the preservation of the peace of the 
countrey and the other ends and uses of the establishment. 

The Councill considering that there are severall ruinous tenements in 
this burgh which pay no cess and that the town will have use for stones 
in repairing the tolbooth do ordain a publick intimation by drum to be 
made requiring the heretors of such lands to repair them. 

December I3th. The baillies and clerks to procure subscriptions 
from the inhabitants for repairing the tolbooth. 

The bellman being complained for negligence in ringing the bell in 
the morning he was called for and enjoined to be verie exact hereafter, 
otherways that any counceller might for any transgression comitt him 
prisoner till he pay aos. 

The tacksmen of the pettie customs having complained that the 
seamen of the Burgh, Causea and Stotfield did not present their fish to 

Y i 



378 RECORDS OF ELGIN. [l79- 

the mercat of this burgh conform to use and wont but sold them at the 
shoar and otherways abstracted them to the great prejudice of the comon 
good the Councill appoints the said haill seamen to be cited before the 
Magistrates to ansuer to the said complaint. 



1709. 

January ioth. Act anent bells and mortcloath to Baillies' wives. The 
Councill finds that there is nothing due for bells and mortcloath to the 
funeralls of Cristen Man, relict of John Spens, baillie, in respect that she 
was widow to an Magistratt and that by the custom of the burgh such 
are exempt. 

The Councill appoints Justice of Peace courts to be kept by the 
magistrates each Munday after the Councill rises. 

January ijth. Thomas Calder's charge as Commissioner to the 
Convention of Burghs is 220. The Councill are of opinion the days 
for his return home should be restricted to four days allenarlie after the 
adjournment of the Convention. 

Liberty to Smith and others to live at New Elgin. The Councill upon 
petitions from Ferquhard Smith, William Anderson, William Dunbar, 
Alexander Shiach and George Hendry, allow them to build houses, 
labour and possess and win in land on the muirs south and southwest of 
the moss of Mostowie and that during the Council's pleasure allenarlie 
and appoint the treasurer, conveener and deacon warden some day this 
week to go and view the present state of the said lands of New Elgin 
and report and clerk Stewart to attend them. 

February 2ist. Report anent the tenants on New Elgin: The land 
winn in be them amounts in hail to eleven bolls. Tacks for three years 
to be set to the possessors and each tenant's yearly duty to be equal to 
his sowing and. to allow them liberty to win in what more land they can 
for the said three years rent free and each tenant to pay an reek hen. 

The Councill approve of building an guard house with an vault under 
ground beside the tolbooth alreadie designed to be repaired. 

February 28th. William King, provost, entered to the two quarters 
of Barflatthills with the haughs and Cran Crook therof disponed to him 
by the Bishop of Edinburgh. 



1709.] TOWN COUNCIL MINUTES. 379 

March 2ist. The Councill appoints the Theasaurer to give a crown 
to ten distressed seamen lately taken at Cromarty by a French privateer. 

April 4th. A committee appointed to take contracts for rebuilding 
the tolbooth. 

James Nicoll, officer, accused of giving the use of the town's laigh 
prison to John Harley, gardner, for recepting of some wort and ale 
concealed be him and defrauding therby the Queen of her duty and 
excise. He confessed his wife had given the key to John Harley. James 
Nicoll's livery coat to be taken from him and he to be putt in irons in 
the fish mercat at 12 aclock and to sitt there during the Magistrats' 
pleasure for his offence and misdemeanor. 

The Councill grants libertie to John Leslie of Balnageith and to the 
provost to winn lime stones in the town's bounds. 

The Conveener and Deacons of the six Incorporated Trades complain 
that the fishers of Burghsea, Cowsea and Stotfield keep back their fish 
from the publick mercat of this burgh to the great detriment of the 
town's people who were principally subsisted by these. A Head Court 
to be called tomorrow anent this matter. 

April I4th. A contract ratified with John Ross, mason in Kirktoun 
of Duffus, James Ross and George Ogilvie, masons in Elgin, to rebuild 
the tolbooth. William Rose, thesaurer, appointed collector of the 
voluntary contributions for said work. 

April 1 8th. The Councill ordains intimation to be made by the drum 
through the town appointing the inhabitants to herd their cattle and the 
statute relative therto to be read. 

The Councill ordains the magistrals to attend and entertain the 
Lords who come upon the circuit and their retinue in such manner as 
they think fitt at the town's charges. 

A letter to be written to the Laird of Grant desiring his consent to 
take of the slates from that side of his Lodging in Elgin which is 
towards the street because of the imminent danger to the inhabitants in 
passing and repassing therby. [February I4th. The Councill cause that 
the loose sclates in Pluscarden's house be taken down.] 

May gth. A vault to be bigged higher above ground in place of the 
pitt proposed at the tolbooth. 

May 23rd. The councill appoints the treasurer to cause win lime 
stones for the use of the tolbooth in the town's muirs and to big an lime 



380 RECORDS OF ELGIN. [l79- 

kiln of them on the south side of the Cattails for burning therof. 
Meantime to speak to Bishopmiln for the use of his lime kiln and quarrie 
untill the town's be built. 

June 6th. All the town's marches to be ridden to-morrow at eight 
aclock in the morning. Ilk inhabitant absent to be fined three pund 
Scotts. 

The Councill considering a complaint given in against the drummer 
for not beating the tap-tow and reveiller through the whole town, do 
therfor ordain him to beat at the accustomed hours morning and evening 
from the West Port to the East and from Lossie Wynd to the School 
Port under penalty of los. Sc. for each time he transgresses. 

June i jth. The Councill appoints to ride and visit the town's 
marches and mosses of Strathcant, Glassgrcen and other marches at the 
east to-morrow. 

August ist It is found that 26 persons have encroached on the moss 
of Mosstowie, built houses theron, &c. To be summoned. 

September I2th. The town is due for the entertainment of the 
Circuit Lords in May last 168 153. Sc. 

The Councill do ease the inhabitants from furder keeping of guards 
untill the Councill's farder orders. 

The Councill order Baillie McKenzie, junior, to provide for the 
entertainment of the Circuit Lords who are to come here in October 
next. 

September 26th. The Councill appoints Baillies Calder and McKenzie 
to go to Cullen and wait on the Earle of Seafield and in the town's name 
to give his Lo/ thanks for the special! care he has always had of this 
town's affairs and particularly in presenting the late address sent be the 
toun councill to the Queen. 

September 27th. William King elected provost by majority of votes 
over William Duff of Diple. 

October 24th. All the burgesses and inhabitants to keep guard in 
turns. 

October 3ist. The Councill appoint a letter to be written to Sir 
Francis Grant of Cullen, now one of the Senators of the Colledge of 
Justice, thanking him for the good services performed be him to the 
town when he was their advocat, and desire his advice whom he will 
recommend to succeed him as advocat for the town. 



1710.] TOWN COUNCIL MINUTES. 381 

Rates of Pettie Customs of the burgh of Elgin : [69 items in all.] 
Ilk elne plaiding id., ilk horse 2d., ilk oxe and cowe is. 4d., ilk sheep 4d., 
ilk mutton bouk 4d., ilk cartfull of fish is., ilk cart is. 4d., ilk sled is., 
ilk pair of shoes for man or woman 2d., ilk barked hyde is., ilk tub 2d., 
ilk wheel 4d., ilk stone of wooll 2s., ilk kelloch 2d., ilk 2os. worth of hair 
for wigs is., eaters' skins the piece is., ilk sheep skin 2d., ilk peck turneips 
or parshneips 4d., the load of roots such as carrots, turneips and parsh- 
neips is., lambs or kids 4d., ilk dozen rigwoodies 2d., ilk dozen pidgeons 
4d., ilk dock 2d., ilk goose 4d., ilk dozen green spouns 6d., ilk dozen 
ram's horn spouns 4d., ilk elne tartane 4d. &c. 

December 5th. Total voluntary subscriptions for the tolbooth 
1034 155. 4d. Nearly all yet paid in has been expended, and as the 
masons are clamorous for more money 1000 merks Sc. is to be borrowed 
from Alexander Sutherland of Kinminitie. 



1710. 

February I4th. An Act passed appointing a quorum of councill 
owing to the absence of several, of whom some do not reside in town as 
Mr. William Sutherland, and others have not accepted as Diple who did 
not take the oath. 

March 2yth. The Councill grants libertie to Provost King to build 
an lime kiln for his own proper use allenarlie upon the piece bounds 
belonging to the town on the north side of Tayock. 

May 1 5th. Baillie Gordon presented an Memorial signed be Mr. 
Smollett, Agent to the royall Borrows, relating to the manner of com- 
poning with or citing the unfree traders which the Councill appoints 
Baillie Gordon to go about in conjunction with the Commissioner of 
Forres. 

June 6th. The Sheriff of Murray having latelie caused charge six 
of the burgesses of this town to guard prisoners from this place to Banff 
under the penaltie of $o Sc. and the said persons not obeying by 
express command of the magistrates who did judge the same to be a 
servitude to which burgesses were not tyed the Councill approve of the 
Magistrates proceeding and take proceedings for a suspension of said 
charges and resolve to support those charged and to call a Head Court 
for a stent to vindicate the priviledges of the burgh. 



382 RECORDS OF ELGIN. 

June igth. The magistrates and whole burgesses to ride the town's 
marches on the west and south upon Wednesday next under the penaltie 
of thrie pund Scotts ilk absent. 

The Council grants libertie to Andrew Cobban, servitor to James 
Innes in Plewlands, to build houses on the lands of New Elgin to win in 
and labour of the town's muirs adjacent such land as he is able for four 
years after this date and that rent free the said space. 

October 9th. The Council nominal Baillie Rose to sitt as Baillie 
with the kirk session and to decern the delinquents for the fines of 
immorality. 

October i6th. The Councill considering that James Ogilvie, mason, 
and Alexander Lie, coupar, are charged by the Sheriff of Elgin to go to 
Banff with some French prisoners under penalty of fiftie pund each, the 
Councill do discharge them from obeying the said charge as contrary to 
the priviledges of the burgh and oblige them and their successors in 
office to relieve them theranent. 

The guard lists drawn out and new captains named. Ilk absent to 
pay i os. Sc. Guard to be sett at 9 aclock at night and to remain untill 
5 in the morning from ist November to 1st Aprile. 

Act against Treats. The Council considering how much the town is 
involved in debt do statute and enact that untill the next election no 
manner of treats shall be given be all or any of the magistrals to honorary 
burgesses or others at the toun's charges and the treasurer is discharged 
to ansuer their precepts with libertie notwithstanding to the magistrals 
to dispose of the fines as they think fitt. 

November 2Oth. William Falconer, apprentice to William McAndrew, 
glover, and Alexander Innes, servant to George Seaton, litster, fined 
3 Sc. and $ Sc. respectively for playing at cards and dice within 
Robert Innes, glover, his chamber. 

December 4th. Meetings of Councill to hold on Munday at 9 aclock 
in the morning from ist October to ist March and from ist March to 
last of September at 8 aclock in the morning. 

December i8th. An accompt for 229 2s. Sc. due be the toun to 
Walter Montgomrie, merchant, for severall treats in his house was una 
voce approven. 



17 II-] TOWN COUNCIL MINUTES. 383 



171 I. 

February iQth. The constables of the town were called and ordered 
by the Councill immediatlie and without delay to give in lists of idlers 
within this burgh that they may be seized and sentenced to serve her 
Majestic as souldiers be virtue of the recruiting act and the said lists to 
be readie against to-morrow at eleven aclock forenoon. 

February 26th. Donald Paterson, latelie in Milntovvn, did personally 
appear and voluntarlie engage himself to serve this burgh all the days of 
his life as their marshal! or hangman in cverie part thereof and the 
treasurer is ordered to give him an new coat and pay him 2os. Sc. 
per mensem and to give him new breeches shoes and hose.* 

April 9th. The Council considering that by an act of the Convention 
of Borrows held at Aberdeen in July, 1698, they were allowed to few out 
their grass lands of Mostowie at the sight and by the advice of the 
burghs of Inverness, Nairn and Forres or anie tuo of them and that by 
another act of the Convention of Borrows held at Edinburgh in July, 
1708, they are allowed to few their muirs lying south and south west 
from Mostowie at the sight of the burghs of Inverness, Cullen, Forres 
and Nairn or any three of them and that by a third Act of the said 
Convention held at Edinburgh in July, 1710, it is remitted to the burghs 
of Inverness, Banff, Forres and Cullen to endeavour to compose the 
differences betuixt this toun and the sheriff therfore the Councill do 
agree to few out the said greens and muirs of Mostowie. The day of 
roup and of meeting with the Commissioners from said burghs fixed. 

The Councill allows Baillie Rose to build a bridge over the water of 
Tayock on the high way belonging to the toun through that part of the 
Cattails opposit to the School Wynd upon his own charges and if anie 
other person with horse and carts use the said bridge appoints them to 
be liable to the said William Rose for a proportional part of the expence 
of the bridge. 

*Cf. p. 203, "Extracts from the Records of the Burgh of Aberdeen": " I5th October, 
1662. The counsell appoints threten shilling four pennies money to be given weekly out of the 
moneys belonging to the sessione to William Brutchie . . . and appoints the tuo litle 
housses under the Gallowgait Port to be ane duelling hous to the said scurger dureing his 
service." 



384 RECORDS OF ELGIN. [l7". 

The former constables discharged and eight new constables elected 
(including William McGregor, armourer, James Grant, barber, etc.). 

The Councill do admitt, receive and creat Alexander Johnstoun, 
brasier in Keith, burges and freeman of this burgh, for his encourage- 
ment to live in this burgh and to practise his said trade therin and he 
gave his burges oath* and declares that his said freedom shall be of no 
use to him unles he dwell within this burgh. 

April 26th. The greens and muirs of Mostowie feued to Mr. William 
Sutherland of Roscommon (late provost) for 5300 merks Scotts and 
59 merks Scotts of yearlie few-dutie [copy of charter thereon, pp. 162-170 
of Minute Book] : Whereas diverse kings of Scotland with the advice of 
the Estates of Parliament esteemed it profitable to set in feu farm the 
lands of the kingdom of Scotland for the policy and decorment therof, 
Item the Commissioners of the Royal Burghs at Montrose, I9th June, 
1591, ordained the common lands of the heed burrows of Scotland to be 
set in feufarm for the profit of the burghs which act King James VI. be 
his charter of confirmation ratified and recommended the same to the 
burghs that had not then set in feufarm their common lands and 
ordained that they set in feufarm all their common lands to the actual 
burgesses of the said burgh for the profit and commodity of the burgh 
and in augmentation of the rental of the same, Item in an Act of General 
Convention of Burghs holden at Aberdeen, 8th July, 1698, they granted 
warrand to the burgh of Elgin to dispose of their grass lands of Mostowie 
in few or long tack at the sight of the burghs of Inverness, Nairn and 
Forrcs, Item the General Convention of Burghs at Edinburgh on I2th 
July, 1708, did allow the burgh of Elgin to few and sett in tack their 
muir lying south and south west from the Moss of Mostowie at the sight 
of the burghs of Inverness, Cullen, Forres and Nairn, therefore the 
Councill resolve to feu out the said greens and muirs for improvement of 
our common good and augmentation of our rental because the said 
greens and muirs had never heretofore yielded any rent or income to us 
or our predecessors in office. We appointed a public roup to be on 2$th 
April last at sight of said burghs ; at a second roup held on 26th April 
Mr. William Sutherland of Roscommon was the highest offerer. 
Boundaries: that piece land and bounds commonly called the Greens 
of Mostowie lying betwixt the lands of Auldroghty at the east the arable 

* See Minutes of Burgh Court, 1754. 



v*ft 




a. <- u^-' - 
^ ^^rtfe 7 ^ 

S^y. \ t mr ** 

) . Jft Jte' ft 

O^ 



1. Milntown 

2. Burn of Gulkittack 

3. Gibber Gate 

4. Saddle Stone 



5. Pudden Road 

6. Gibben Stone 

7. Shunders Cairn 

8. Silver Foord 



9. Swanstree Burn 

10. Sauchenbogie Hillock 

11. King's Road 

12. Road from Whitefield to (9) 



DAM LOCH 
OF 

MOSSTOWIE 



of Mopfaoie 

nd ih.-GKI-.KNS 

II lying inrtu- PARISH of 




'3. Road from Forres to Elgin 

'4. Mairstone 

<5. Am Burn 

'6. Angus Loch 



17. Bridge of the Longhill 

18. Bashy Loch 

19. Whitehill 

20. Milnburn 



21. Knock of Alvahs 

22. Layey's Loch 

23. March Stone 



I/I I.] TOWN COUNCIL MINUTES. 385 

lands of Mostowie at the west the lands of Whitefield at the south and 
the king's high way at the north, together with the whole muirs belong- 
ing in property to the burgh of Elgin lying south and southwest from 
the Moss of Mostowie. Marched as follows : Beginning at ane stone 
which stands upon the north side of the high way which leads from 
Elgin to Forres betwixt the lands of Auldroghty at the east the lands of 
Woodside at the north and west and the lands of Mostowie at the south 
from thence lineally southward to ane stone upon the stank side that 
divideth the lands of Auldroghty and Mostowie and from the said stank 
south to the burn from thence south west to ane gate that passes through 
the north west side of the hill called the Whitehall from thence south and 
southwest alongst the run of the burn that comes from the Miln of 
Mostowie dividing the greens of Mostowie from the Moss of Innerlochty, 
from thence southward alongst the strype called Coalkittack to ane other 
stone in the north west way that comes from Whitefield to the Moss of 
Mostowie from thence south to ane other stone at the entry of the muir 
bewest Whitefield from thence alongs the gate called the Calder gate to 
ane stone called the Sadie stone upon the north side of ane strype that 
runs in a stank from thence keeping the said gate south west to ane 
stone on the south side of the said gate with ane long hewn score on the 
head of the same and ane [blank] hill betwixt it and the gate called the 
Marstone, from thence north west to ane stone betwixt the Cairn of 
Shunders (?) and the silver foord, from thence westward to ane stone 
called St. Giles' stone, from thence north and north east alongst the 
Longhills that divides the lands of Minaughty and the lands of Mostowie 
and as the said muirs doe run along the side of the moss of Mostowie at 
the north and north east parts. Reserving to the magistrates and com- 
munity the whole mosses of Mostowie, excepting also that part of the 
Greens of Mostowie formerly feued out to the deceased Francis Brodie 
of Milntown presently possest be Joseph Brodie of Milntown his son. 

May gth. The Councill allows William Dunbar of Dikeside liberty 
to win, lead and away take for his own use lime stones out of the town's 
muirs during the Councill's pleasure. 

May 1 6th. The horse post office rouped for 21 pund Scotts. 

The Councill grants liberty to Gilbert Hay, glover, to cast one day in 
the moss of Strathcant with two peatcasters for his own use. 

July 3<Dth. The Convention of Royal Burghs have ratified the roup 

Z I 



386 RECORDS OF ELGIN. 

and sale of the greens and muirs of Mostowie. Act passed by the 
Borrows in the town's favours relative to the debate betwixt the town 
and Banff. Act of the said Borrows passed granting to the burgh of 
Elgin the benefit of the unfree traders within the shire of Elgin since 
1699 and untill the nixt Convention. The Councill in prosecution of the 
Act of Burrows granting to this burgh the benefit of the unfree traders 
in this shire appoint Diple to wait on the Earle of Huntley and discourse 
his Lo/ anent the toun of Fochabirse and to treat with him anent the 
composition therof and also appoint Baillie Gordon and James Anderson 
to speak with the Laird of Innes for the burgh of Germoth ; the Laird 
of Kilravock for the toun of Findhorn ; the Laird of Brodie for Dyke ; 
the Earle of Murray's chamberlain for Darnway or any other unfree 
traders within the shire. 

The baillies are appointed to visit the mosses of Strathcant and 
Glassgreen and the moss along the foot of the Longhill of Birney and to 
cause lead such peats as are casten therin without leave of Counsell. 

September 24th. The provost, baillies and councillors are discharged 
from spending anie part of the toun's money or comon good on treats, 
intertainments or at making burgesses considering that the common 
good of the toun is much incumbred with debt and taking to their 
serious consideration that ane frugall management of the comon good is 
the onlie way left to extricat the toun out of these burdens and to pay 
their debts graduallie. 

October I5th. Thomas Stephen, merchant, gave in the keyes of the 
laigh tolbooth where Linkwoods is incarcerat. 

November 5th. Guards to be from 9 p.m. to 6 a.m. from 1st October 
to ist March and from 10 p.m. to 4 a.m. from ist March to 1st October. 
The captains to be fined three pund Scotts if they fail to attend. 

1712. 

March 3rd. Two lynsters in presence of Baillie Charles measured 
and lyned the 26 taills of land which lye betuixt the Appothecary croft 
at the west and the lands of William Sanders, writer, at the east. They 
find each taill is 27 foot and 5 inches in breadth. The Councill approve. 

June 2 1 st. The Councill give liberty to some poor men and to the 
officers to cast peats in the town's mosses at the back of the wairds and 



I7I3-] TOWN COUNCIL MINUTES. 387 

Strathcant. The Councill grant liberty to Mr. Archibald Dunbar of 
Thundertoune, heretor of Legat, and William Duff of Diple, wodsetter 
of a part thereof, that their tennents cast peats in the Moss of Mostowie 
for this current year allenarlie but not to meddle with firre. 

November I7th. New guard lists drawn up.* Ilk absent to pay 
30s. Sc. 



Lady Roscommon pays 1498 n 6 ., 8 Sc. in part of the sums due by 
her husband to the town for the greens of Mostowie. 

April 1 3th, [Copy of Mortification of date 6th April, 1713, by John 
I nnes of Darkland here recorded, 700 merks Sc. to the poor of Elgin and 
300 merks Sc. to the poor of Longbride.] 

June isth. Order given that some poor men cast peatts each man 
for one day in the town's moss which lyes bewest the cattaills. 

August 1 7th. The Toun's big bell which was in the church steiplc 
which was first founded in the year 1593 and haveing bein in this year 
1713 rendered usles by a rent therin was taken doune by order of the 
Toun Councill and upon the I3th August current was refounded vithin 
this burgh by Albert Gely, founder in Aberdein. The expence wheroff 
was done upon the charges of the toun's comon good and upon this 
17th of August the said bell was hung up and rung, the weight wherof 
consists of 638 pund and the whole pryce of the said bell extends to 
325 punds Scots money including the pryce of what mettall was 
furnished be the said founder. 

* From a " List of Burgesses of Elgin who bear scot and lolt therin," drawn up 22nd April, 
1712, it appears that the number of said burgesses was 207, of whom 61 are designated 
merchants, containing such names as Warden, Harper, Gordon, Calder, Innes, Cramond, 
Geddes and Russell, 19 glovers (Dunbar, Wardon, Milln, McAndrew), 16 shoemakers (Petrie, 
Niddrie, Gordon, Walker), 13 tailors (Lorimer, Blenshill), 9 hirers (Walker, Millin), 8 weavers 
(Hay, Purse, Grant, Hutchin), 9 mailmen (Brander, Avis, Bain), 10 wrights (Clerk), 3 carpenters 
(Cato), 4 masons (Rose, Ogilvie, Lawrie), 4 smiths (Smith, Walker), I tinker, I pewterer, 
I flesher, I glasier (Forsyth), I Ulster (Adam), 3 barbers (Hay, Grant, Brodie), 2 wrilers 
(Sanders, Wiseman), I seaman (Baddon), 2 brewers (Young), 2 gunsmilhs (Forbes, Bnrges), 
3 coopers (Lie), 3 messengers, I baker, I turner, 2 wigmakers, I apothecary (Robert Innes), 
I chirurgeon (William Shiells), I sadler, I watchmaker (James Love), 2 tanners, etc. Other 
names that appear on the list are Alexander Innes of Stonietown, Mr. Alex'. Russell, doctor of 
medicine, James Fraser, Sheriff-Clerk, William Duff of Diple, Mr. William Sutherland of 
Koscommon, John Sutherland of Greenhall, William King of Newmiln and Thomas Donaldson 
of Kinnairdy. 



388 RECORDS OF ELGIN. [l7I4- 

The pettie customs sett for 513 punds Sc. yearlie to William Shiels, 
surgeon, for three years. 

October I2th. The Councill ordains all the inhabitants of this toun 
who have horses to lead one freight of stones to the tolbooth gratis once 
this week under penalty of 6s. Sc. for ilk absent horse. 



1714. 

July 2 ist. George Chalmer, now of Pittenseir, entered as vassal! to 
the town in the half of the davoch lands of Easter Pittenseir upon ane 
adjudication against Walter Chalmer sometime of Pittenseir. 

August 23rd. Guards to be kept nightlie in the tolbooth fra 9 aclock 
at night untill 7 in the morning. Penalty for ilk absent three pounds Sc. 
The whole town distributed into ten guards of forty men each. Two 
pounds weight of powder to be given to each captain out of the powder 
secured in the tolbooth on payment of the price to be distributed among 
the guards but all shooting without order of the captain of the guard 
discharged. 

September I3th. The office of conjunct clerk of this burgh to be 
exposed to a roup publicklie. Only James Fraser and six others allowed 
to offer. Conditions of roup : (i) The office to be ad vitam ant culpam. 
(2) The office to be entered at 200 merks and each offer to exceed other 
in ten merks Sc. (3) The highest offerer to carry the office he finding 
caution for the sum offered payable to the treasurer for the use of the 
common good. 

September i5th. James Fraser, notar publick, offers 520 merks Sc. 
and is elected conjunct clerk with James Anderson. The council is thus 
able (2 ist September) to repay 400 merks borrowed from Diple to pay 
Mr. Gellie for founding the town's big bell. 

Mr. Archibald Dunbar of Thunderton has lately taken a lodging in 
the town. 

October nth. Considering that there is aboundance of quiet in 
burgh and countrey and that there is no use of double guards the 
Councill doe therefor reduce the present number and standart of 40 
men to the number of 20 men. Councillors, old men past sixtie and 
writers are exeemed. 



I7IS-] TOWN COUNCIL MINUTES. 389 

The Councill resolve to send off an address to His Majestic the next 
post through Mr. Murray, member of parliament. 

November ist. Presented to the Council a Mortification from John 
Innes of Darkland dated 2nd December, 1698, in favours of the poor of 
Elgin, Birney and Longbryde for 1000 pounds whereof 1000 merks Sc. 
to the poor of Elgin and 400 merks to the poor of Birney and Longbride 
and 100 merks to be disposed of by Coxtoun and Dunkinty to the poor 
immediatly after the decease of the said John Innes. [The deed here 
recorded in full. In the deed the mortifier is designated John Innes of 
Dykesyde and his wife is Helen Dunbar.] 

[The present and preceding Minute books to be sent to Edinburgh in 
the case William King of Newmiln against the Town.] 

December 2Qth. There being quarters intimat to the Provost by 
Serjeant George Armour in Carpenter's Regiment of Dragoons for 
payment of 35-3-8 stg. oweing of cess by the burgh, the Councill 
agree that the deficients be quartered upon also that the party quartering 
be agreed with and the sum to be paid to the said Serjeant Armour and 
the same to be exacted from the deficients. 



I715- 

Protestation taken by Archibald Dunbar of Thundcrton and others 
anent electing a delegate to go to Kintore for choosing a Parliament 
man. Alleged bribery was the ground of the protest. James Findlay 
deponed that Grangehill's brother, Alexander Dunbar, offered him a 
bribe of five guineas to be for Grangehill. The said Alexander Dunbar 
declared to James Findlay that the Convener had got but three guineas 
and one of the baillies but six guineas. George Innes of Dunkinty 
protested against Robert Dunbar of Grangehill being delegate because 
he had threatened several of the members of Council and declared to 
them that if they offered to protest against his being elected delegat he 
should know befor he went to the litle Cross and that his sword was to 
the fore and that he would be delegat who would or who would not. 
Ten voted for Grangehill and six for Thunderton. The clerk is ordained 
to give out Commissions to both delegates and to seal the same with the 
town's seal in common form. 



390 RECORDS OF ELGIN. 

March I4th. The toun's statutes are apointed to be booked in this 
council book (pp. 272-276) and published over the Cross Fryday next. 

Statutes (34 in all) of the burgh of Elgin revised, ratified and enacted 
by the Provost, baillies and common Council! of the said burgh upon the 
fourteenth of March, 1715 : 

(1) That no inhabitant misregard, contemn or lightlie any magistral 

or councillor. 

(2) That no inhabitant deny assistance to the magistrats or officers. 

(4) No houses to be sett to strangers without consent of the 

magistrats. 

(5) All fleshers to bring in with their fleshes to the mercat the 

tallow, skin, hide, head, horn and foot therof. 

(u) That no inhabitant recept any of their neighbour's children or 
servants within their houses after 6 aclock at night untill 6 in 
the morning under the pain of five pounds. 

(12) That the load of dung be sold for 6d. the draff for 4d. the peck 

and that no draff be transported out of the burgh and no dung 
sold to any but inhabitants who labour the lands belonging to 
or holden of the town. 

(13) That all inhabitants cause cleanse the streets before their gaites 

and lands and remove the dunghills every last day of the 
week and no muck or dung to be laid at the door of the 
shambles on the high street or at the heads or entry to 
vcnnells, vines (? wynds), ports, high ways, back passages, &c. 

(14) The best pair of men's shoes with leather heels, being double 

soled of ane 1 1 inches or above to be sold at 365., &c. 

(15) Every servant workman shall have an groat for his wadges and 

an chapen of ale to his supper and the woman 2s. under the 
penalty of 2os. Sc. 

(16) and (17) Regulations against eating and destroying corn by 

cattle. 

(18) No swine to be kept unless within houses ; any person dcpre- 

hending swine in his skaith can kill them. 

(19) No lint, hemp, &c., to be kept within fire houses. 
(21) Ilk heretor of the burgh roods to keep a ladder. 
(23) Fowls to be kept only in cruives. 

(26) Persons guilty of railing, cursing, &c., to be taken to the jougs. 



17 IS-] TOWN COUNCIL MINUTES. 391 

(27) No inhabitant to walk in the streets or fields in time of divine 

service on the Lords day, &c., under the pain of five pounds 
for each fault and that there be no incroachment on the 
Sabbath day by brewing theron or on Saturday's afternoon. 

(28) Persons found drunk on the streets to be imprisoned without 

bail until payment of five pounds for the first fault, ten pounds 
and imprisonment for the second fault and for the third fault 
to be liable to the like penalty and to suffer a public rebuke in 
the congregation from the minister. 

(29) No person without the authority of the magistrates to travel the 

streets as fiddlers or pipers. 

(30) That there be no water, dirt or other stuff thrown out of 

windows to the street nor in closes till after ten aclock at 
night. 

(31) The terms of servants' leaving to be I5th May and nth 

November. 

(32) No inhabitant to buy butter, cheese, peats, eggs, &c., coming to 

the mercat till first they be presented to the mercat. 

(33) F r encouraging of planting and inclosing laws were passed by 

parliament in 1686 therefore winter herding is appointed as 
well as summer. Penalty half a merk for ilk nolt, sheep, 
swine, &c., found upon the incloser (enclosure). There is the 
incloser of the catels belonging to several heretors and the 
incloser near Old Milns belonging to James Fraser, which are 
improvements very profitable and useful to the burgh if rightly 
preserved therefore transgressors there to be pursued to the 
rigor. 

(34) Carters with draught horses must furnish them when required as 

the merchants often complain upon the carters. 

May loth. The treasurer is ordered to buy two great trees for 
hanging of the bell in the tolbooth and two or three duzon of deals for 
scaffolding to the piramade. 

June 1 3th. A Committee of Council! report that salt ought to be 
sold by weight in this burgh as the law directs this to be done and most 
of the burghs of Scotland have lately introduced selling salt by weight. 

August. George Innes of Dunkinty, James Anderson, Commissary 
clerk, and James Fraser, sheriff clerk, did enter in a contract with Albert 



392 



RECORDS OF ELGIN. [!7'5- 



Gellie for founding of a bell of about 300 Ibs. weight to the tolbooth of 
this burgh for which they are personally bound for payment of 23 pounds 
sterling as the price of said bell. The Councill empower the said three 
persons to collect the said sum by voluntary contribution and, if neces- 
sary, the Councill will make up the shortcoming. 

September 5th. The treasurer is appointed to have 24 stones of four 
feet length each for setting up at the town's marches. 

The weather cock to be adjusted and to be affixed on the top of the 
pyramid of the tolbooth. 

The Councill appoints the bells to be rung in manner following on 
the Lord's days, viz. : the big bell for the first bell the big and little bell 
for the second bell and these two and the tolbooth bell for the last. 

The Councill appoints the guards to be visited every night by a 
baillie and every baillie attend weeklie, each baillie according to their 
degree. 

September iQth. Forty men to be on guard each night from ten p.m. 
to five a.m. 

October 3ist. The haill absent members of Councill are fined in 
323. Sc. each. 

The Committee find that the lists of the towns men will make up 
nync guards, consisting of 40 ilk guard, that the hours be nine p.m. to 
five a.m. and the penalty for ilk absent 403. Sc. without a reasonable 
excuse. The magistrats to visit the guards weekly and to see their duty 
sett. 

November /th. Sixteen march stones to be led to the bounds of 
Mostowie and eight to the bounds of Main and Strathcant. 

The Councill appoint a general rendevouze of the haill inhabitants to 
be had and them to make appearance with their best arms Thursday- 
next at ten a'clock forenoon at beat of drum in the Trinity Churchyard. 

November 2ist. The following order from the Deputy-Lieutenants 
of Murray was presented, directed to the Magistrats and Toune Councill 
of this Burgh. It is ordered to be kept by the clerk and ingrossed for 
the Magistrats and Councill's direction : 

" Gentlemen, Being informed that incouraged be the rebellion now a 
foot the brewers and other inhabitants of your burgh liable in publick 
taxes insult and refuse to admitt the proper officers to ingather the 
revenue and on the other hand having notice that certain emissaries are 



1716.] TOWN COUNCIL MINUTES. 393 

dispatched from the Rebels' camp with orders from their pretended 
generall to levy the publick moneys and collect some new unheard of 
taxes, we judge it proper to admonish you of your duty requiring you to 
aid and assist the proper officers imployed in his Majesties service to 
uplift the several! duties imposed by act of parliament as ye shall be 
answerable and discharging you to permitt or suffer that any taxation or 
moneys for the service of the rebels' armie be by any person or persons 
uplifted or seized from any person or persons within your burgh, certify- 
ing you that if in the premises you faillie we will demean you as traitors 
and rebells against his Majesties government. Given at Invernes this 
sixteenth of November, 1715, by the Honorable James Brodie of that 
ilk, Hugh Rose of Kilraick, Captain George Grant of the Earle of 
Forfar's regiment, Alexander Brodie of Lethin, Mr. Duncan Forbes, 
advocat, Deputy Lieut 5 , of the Shire of Murray, subscribed thus : 
Ja : Brodie, Dun : Forbes, A. Brodie, George Grantt, H. Rose. Directed 
to the Magistrals and Toun Councill of Elgin. A. Dunbar, p." 

November 26th. The absent members fined. 

The Earle of Sutherland's taxation. The provost represented that 
ther had been a meeting of the gentlemen of this shire with the Deputy 
Lieutenants thereof at Forres Tuesday last when the said Lieutenants in 
name of the Earle of Sutherland Lord Lieut, of the Shire of Elgin 
demanded a supply and taxation on the shire for 1000 stg. which the 
Heretors of the shire had agreed and proportioned this burgh to 76 stg. 
of the said taxation which is to be payable against the ist of December 
next. The Councill agree to stent it thus : on the real rent of the land, 
the real rent of the houses and trade and that heretors have relief of their 
tenants and masters right to retain the tenth part of their servants' fees. 



1716. 

January 1 6th. The Provost present at this meeting. At next 
meeting February I3th Bailie Wiseman is elected preses because of 
the provost's absence. At the following meeting February 27th the 
provost is present. 

February 1 3th. The preses represented that ther is about 500 horse 
of his Majesties forces coming to ly in this toun and desired the Councill 

A 2 



394 RECORDS OF ELGIN. [l7 l( 5. 

might order suitable provision for stabling and provender to the horses. 
The Councill agree. Those having corn and straw to thresh it out with 
all diligence. Workmen to be set to work to make hecks and mangers 
as several of the houses for the horses want these. 

March 26th. Ther being a complaint made to the magistrats by the 
Burgesses of the extravagant rates for peats and all vivers exacted by the 
countrey people from the Townsmen on occasion of the forces lying here 
the Councill for remead therof and reducing the rates of fyring and vivers 
to the accustomed prices Doe statute and ordain that none of the bur- 
gesses presume to buy any fyring or vivers coming to the mercats of this 
burgh and in use to be sold there until the same be presented to the 
publick mercat place under pain of being punished as forstallers and do 
nominal Baillie Charles and Andrew Dick or any one of them as over- 
seers of the mercats eastward of the Lossie Wynd and John Hay and 
John Duff or any one of them as overseers of the mercats bewest the 
said wynd and give to them full power to sett prices on all fyring and 
vivers presented to the mercats and if any burges exceed or overbid the 
prices so to be sett doun by the said visitors they are to be fined at the 
Council's arbitriment. 

April gth. The Councill considering that the inhabitants of this 
place have as yet got no reparation of the damnages sustained by them 
through the rebellion do ordain that the accompt of the said damnages 
be sent up to London to Coll : Campbell, the toun's representative in 
Parliament, in order to procure redress and that the Magistrats and the 
clerk send of the same with a letter to Coll : Campbell next post day. 

James Taylor, one of the toun's officers having been imprisoned in 
the laigh tolbooth by the Magistrates for his accession to the escape of 
Roger Aitoun yr. of Inchdernie out of the prison of this burgh and the 
said James Taylor having petitioned this day to be admitted to baill 
and sett at liberty because he is extreamly ill of the gravell the Councill 
ordain the said James Taylor to be sett at liberty on his finding caution 
for 500 merks. 

April i6th. Quartering is intimat by Serjant Armorer for ^38 155. 
Stg. of cess due by this burgh 29 of September last, and preceeding. The 
matter to be componed with Serjant Armorer, comander of the partie 
quartering. 



I7l6.] TOWN COUNCIL MINUTES. 395 

May I4th. The Councill ordains a publication to be made by drum, 
discharging all the inhabitants fra suffering their cattle or sheep to travell 
through pasture or any ways damnise their neighbour's grass or corns. 

The hecks and mangers lately made at the toun's expense for the use 
of the regiment of dragoons which lay here to be sold by roup. 

June 25th. The hecks and mangers made for Carpenter's Dragoons 
comprised to 38 145. Sc. and sold for 40. 

The feuars of the Cattaills forbidden to cast peats except in ditches 
and stanks for draining the ground. 

Kenneth McKenzie represented that several of the inhabitants have 
cut the highway outwith the West Port which being sandy may prove 
dangerous by overflowing the adjacent lands. 

The marches between the toun and Main to be ridden Thursday 
next. 

July 2nd. James Taylor readmitted officer, as the other two officers 
are not able to discharge the duty now in the marching and counter- 
marching of the troops. 

August 27th. The Councill appoints Master Archibald Dunbar of 
Thundertoun, provest, his accompt of his Commissioners' fies as repre- 
senting the burgh in the Royall Borrows for three severall conventions 
extending in the heall to .300 Sc. to be paid. 

September iyth. A popular election being ordered by his Majestic 
in Councill of 17 common Councillmen for this burgh of Elgin to serve 
from the day of their election until the usual term of Michaelmas election 
1716 and which 17 persons are ordered to elect their office-bearers in 
common form, a poll to be taken of the burgesses who scot, lot and 
reside in this burgh at sight of these overseers : Alexander Dunbar of 
Bishopmiln, Sheriff principal! of Murray, Mr. Duncan Forbes, advocat, 
Col 11 . William Grant and Ludovick Grant of Knockando. Mr. Archibald 
Dunbar of Thundertoun is elected provost* 

* The following is a copy of Minute of the Privy Council of date 2$th June, 1716 : 

"At the Court of St. James's the 25th of June 1716 Present The King's most Excellent 
Majesty in Councill. Upon reading this day at the Board a Memorial touching the most proper 
and effectual Method of Reselling the Magistracy of Severall Towns in North Britain, in such 
manner as may most Contribute to the restoring of the Peace of those Towns and to the securing 
thereof for the future : and it having likewise been Represented to his Majesty that severall 
Uurghs in North Britain were at Michaelmas last [the Ordinary and Legall time of their Electing 
Magistrates] either entirely hindered from making such Elections, according to their severall 
Constitutions or that where the Formality of Elections was Observed being then under the power 



396 RECORDS OF ELGIN. 

September 24th. Second election of Council, &c., for the year 1717. 
Thundertoun continued as Provost. 

October 2nd. Letter to the Magistrals presented from the Com- 
mander of the four companies of my Lord Irving's regiment now lying in 
this place desyring the toun might furnish two sentry boxes, a guard 
room with candle and fyring and a wooden horse* for punishing trans- 
gressing soldiers, to all which proposalls the Councill agrees. 

Overseers of mercats are appointed as the country people exact 
extravagant rates for peats. 

October 22nd. Kenneth McKenzie, late treasurer, gave in to James 
Cramond, present treasurer, the two silver communion cups belonging to 
this burgh. 

October 25th. The Councill considering that by a late Act of 
Parliament intitled an Act for securing the Peace of the Highlands 
all keeping or wearing of any arms of any sort is prohibited and dis- 
charged excepting the persons who are allowed by the said Act to keep 
arms and allowance is thereby given to Magistrals of Burghs royall to 
keep 200 stand of arms in a publick storehouse for the use of the burgh, 
Do therefor ordain all the burgesses and inhabitants of Elgin to give in 
their firearms and other weapons of any sort to be kept in a storehouse 

and Impression of the Rebells the freedome of such elections was thereby restrained and the 
Burgh of Elgin in particular having laine under such or the like circumstances : His Majesty in 
Councill taking the same into consideration is pleased to Order and it is hereby Ordered that a 
popular Election be made by the Burgesses and Inhabitants resident within and bearing a share 
of the Common Burthens of the said Burgh of Elgin by Poll of Twenty One persons to 1 
Common Counsellors with powers to them to elect their office bearers according to the sett and 
constitution of the said Burgh to the end that the Magistrates and Counsellors so elected may 
continue from that time forward untill the ordinary time of the annuell change of the Magistrates 
and Counsellors of the said Burgh in the year 1716 and it is hereby further Ordered That 
William, Lord Strathnaver, Simon, Lord Lovat . . Dunbar of Bishopmilne, Sheriff of the 
County of Elgin, George Munro of Culcairn, Alex'. Gordon of Ardoch, Colin Grahame of Drenie 
and Hughe Baillie, Principal! Sheriff Clerk of Inverness, John Forbes of Culloden, Alex'. 
Abercromby of Glashaugh, J s . Grant of Elchies, Coll. Will" 1 - Grant, Ludovick Grant of Knock - 
ando, Mr. Duncan Forbes, Advocate, Robert Urquhart of Burdsyards, Robt. Dunbar of 
Granghill and David Dunbar of Dumfarl or any three of them shall and they are hereby Authorized 
and Required to convocate and Assemble (giving due intimation thereof) the Burgesses and 
Inhabitants aforesaid within the said Burgh at a certain Convenient day in the Month of 
September next ; to be by them appointed ; and there and then to Oversee and Direct the said 
Election according to the Rules in use to be Observed in such cases ; and to Forme an 
Authentick Instrument thereupon under their subscription Manuall to be reported to his Majesty 
in Council for his Royall Confirmation : of all which the Persons before named, and all others 
whom it may concerne are to take notice, and to pay due obedience to his Maj'' s Pleasure 
herein signified. ROBERT HALES." 

* Cf. I., 129, Annali o/tfa>if(Nev/ Spalding Club) and " Edinburgh in the Olden Time," 
1717-1828. 



I7I7-] TOWN COUNCIL MINUTES. 397 

for the publick use of the Town within the tolbooth and certifying that if 
they keep up their arms they will be made lyable to the penalties in the 
said Act of Parliament and the said arms are to be kept in the said store- 
house untill the government's pleasure be farder known theranent. 

November 5th. The highway lately made through the Cattails is 
convenient for the town therfor all having horses and servants to send 
them one day to repair it. 

November I2th. Approbation (of date i8th October) by His Royal 
Highness the Prince of Wales in Council of the late popular election of 
Magistrals and Councill. 



1717. 

January 7th. The Councill ordered the treasurer to pay William 
Crombie, merchant, .34 I2s. Sc. for corn and straw furnished by him 
to General Wightman's horses in February last in respect the General 
refused to pay the same and the same is to be stated in the accompt of 
Damages sustained by the forces. 

William Crombie presented two accompts due by the toun to him 
and spent with the gentlemen who oversaw the popular election in 
September last amounting to 69 - 9 - 4 Sc. which accompts were read 
and approven by the Councill and ordered to be paid. 

March 27th. Hugh Crombie elected conjunct Town Clerk in place 
of James Fraser, whose office is void by his being engaged in the late 
Rebellion and his non-attendance at Courts and Councills these twelve 
months past and upwards. 

May 1 3th. The Contract with the masons for the four vaults of the 
tolbooth and the pricket was 1000 Sc. and three chalders victual. They 
have built an additional fish vault for 500 merks. 

Alexander Dunbar of Bishopmiln compliments the town with a fine 
chair which is planted on the top of the oval stair of the new tolbooth, 
for which the treasurer is appointed to return him thanks. 

June 5th. Decreet arbitral betwixt the Councill and William King. 

June 24th. For the conveniency of the inhabitants in the west end 
of the town the Councill appoints the tolbooth bell to be rung every night 
at 8 and every morning at 5. 



398 RECORDS OF ELGIN. [1718. 

November nth. William Shiels, surgeon, tacksman of the Petty 
Customs, states whereas during the rebellion which fell out in the 
moneth of September 1715 the mercats of this burgh were interrupted 
and unfrequented untill the moneth of June 1716 and in the said space 
he only collected the sum of 325 Sc. of the petty customs which falls 
short of that year's tack duty of the sum of ;i88. 

December 2nd. Statutes revised. The words " that there be no 
shutting of beef" ought to be razed and expunged in respect that the 
same is ane old obsolete word not generally understood. 

The price of the tolbooth bell 276 Sc. paid to Albert Gellie. 

December 23rd. The Council order to be taken down the gavel of a 
Tillielumb in Baillie Dunbar's closs as being hazardous. 



1718. 

January 27th. Act for a custom on Country malt. The Council con- 
sidering that the publick cess of this burgh as it is presently rated in tax 
roll of the Royal Burrows is far above the proportion which the burgh 
can bear since there is no foreign trade within this town and also con- 
sidering that the trade of malting within this burgh was once a valuable 
branch of trade and is now much decayed by the considerable quantities 
of malt brought from the country and vented in this burgh although the 
maltmen of the town are still heavily assessed for that trade and that 
they have little or no consumption of malt sold within the town and that 
the town's brewers pay no cess as such nor the country maltmen pay any 
publick dues for that branch of trade therefor henceforth all malt brought 
into this burgh shall be sold only in the meal mcrcat in the lowest story 
of the new tolbooth betwixt 8 in the morning and sunsett and the seller 
shall pay 55. Sc. of ilk boll of petty custom. 

February 3rd. Twenty men appointed to keep guard each night 
from nine till six. 

March loth. The Council considering that the town and country are 
at a loss by the want of ane expert ferrier doe therfor impower Baillie 
Wiseman to writte to Henry Smiell late printice to Robert Campbell, 
ferrier in Edinburgh to come and reside in this place to practise the said 
trade and for his incouragment in the Councill's name to assure him that 



1718.] TOWN COUNCIL MINUTES. 399 

they shall be at the expence of transporting himself, wife and tools by 
sea from Lieth to Spey or Findhorn, that he shall be made burgcs of the 
town and freeman among the Trades gratis and that he shall have fourty 
or sixty Pounds Scots advanced to him in loan. 

The marches of Muirytack to be perambulate upon Saturday nixt at 
8 acloack in the morning and all the burgesses to be advertised to attend 
by tuck of drum under the penalty of three pounds Scots each absent 
and intimation hereof was instantly made to Bailie Wiseman present 
heritor of Muirytack. 

Anent a coal heugh. The Council considering that there is some 
probability of finding out a Coal heugh in the muirs belonging to this 
burgh lying besouth the moss thereof and that it is judged the most easy 
and expedient way for attempting the discovery of the said coal will be 
by digging a pit from the surface of the said muir severall fathoms 
downward and since the common good of the burgh being presently 
incumbered with severall debts is not able to defray the expence therfor 
the Councill judge it reasonable that the said expence be carryed on by 
a voluntary subscription of the burgesses and inhabitants and all the 
members of Councill present for a good example to the other inhabitants 
they presently subscryved a paper for a voluntary contribution to the 
forsaid work and earnestly recommend it to the Bailies to goe through 
the town and procure such other subscriptions for carrying on the said 
work as they can gett.* 

March i/th. The bounds of Muirytack were perambulat Saturday 
last and the bounding exposed as it stands in Robert Gibson of Link- 
woods, fevar ( = fewar) therof his precept of Clare Constat in 1686 and 
recorded in the Town's Register of Sasines that year. It appears 
incroachments are made by tenants of James Wiseman, now heritor 
of Muirytack upon the muirs belonging to the burgh, outwith the bounds 
of Muirytack. The said encroachments to be redressed. 

March 3ist. The cess due for Robert Gibson of Linkwood's land in 
Lazarus Wynd is now paid up. 

This day a contract was read in Council, past betwixt William 
Geddes, merchant, collector of the Voluntary Contribution for discovery 

* Cf. Statistical Account of Scotland sub Fordyce (1792), where it is stated that boring for 
coal was made at Glassaugh, both by General Abercrombie and his father, but no coal was 
found. 



4 oo 



RECORDS OF ELGIN. [l7' 8 - 



of a coal heugh in the muirs belonging to this burgh and James Ross, 
George Ogilvie, and John Lawrie, masons, to which contract the Councill 
agrees. 

May 1 2th. The Council appoints the four bailies a committee to 
draw up a representation of the decay of the several branches of trade 
within this burgh 'gainst the meeting of the commissioners from the 
several burghs appointed by the Generall Convention. 

June 2nd. The weather cock of the tolbooth is sent to Inverness to 
rectifie because it did not answer the wind. Paid Andrew Kilgour 
33 1 8s. for his pains and the charge of mending the said weather cock. 

June gth. Henry Smeill, ferryer, having come to this place is 
admitted burges and freeman and allowed the privilege of the ferryer 
trade and shoeing of horses without application to any of the Trades. 

The brewers and retailers of wine are now to be stented being it is 
apparent to the Councill that all said retailing of ale and wine is a 
profitable way of living and that ther is no foreign trade in this burgh to 
support the burden of the town's cess. 

The Bounding and Marches betwixt the Town of Elgin and Lands 
of Mayn, taken from a Contract of Marches betwixt the Magistrates of 
Elgin and Heretor of Mayn [date not given]. Beginning at the standing 
stone that divids the lands of Maine frae that part of the hard land of 
Elgin called the Floors whilk stands in the north end of the dyke beeast 
Knockmasting and passand lineally south therefrae to ane stone put in 
the pott casten upon the west side of the westmost stank of the wards of 
the mosses and passand therefrae lineally south through the end of the 
said mosses to ane other stone in the edge of the moore of Elgin benorth 
the litle gate that passes east and west the said mosses edge and fra that 
stone west as the said litle gate goes into the king's high gate that passes 
from Turnagounie to Birnay upon the east side of the whilk high gate 
and end of the said litle gate ane stone is sett and fra that southward 
still keeping the said broad gate whill it come to ane cross gate at the 
laboured land ends of Aikenhead whilk passes west to the common loan 
that was betwixt the moores of Elgin and Grieshop lands therof bewest 
the water of Lossie at the end of the whilk cross gate there is a stone 
sett on the west side thereof and frae that stone westward frae stone to 
stone sett on the hight of the knoues betwixt the cotter houses and tilled 
land of Aikenhead and frae that north west whill it enter in the water of 



I7l8.] TOWN COUNCIL MINUTES. 4OI 

Lossie where ane stone is sett in the east bank thereof and frae that 
athort the said water and up with ane peice on the west side thereof 
whill it enter the old loan that passes frae the saids moores to the said 
grieshop land and frae the said loan side northward as the green mearing 
lyes whilk pntly devides the peice land called the Sherrif crook pertain- 
ing to the lands of Maine at the east and the lands of Bailliefield 
pertaining to the Toun of Elgine at the west and fra that crossand 
the said water of Losse to ane stone sett in the south end of the wester 
dyke of the Short Boig divideing the said Boig frae the lands of Pedifield 
and passand northward therefrae as the said Wester Dyke goes athort 
the said water of Lossie to the eastmost part of the lands called the 
Linthauch where ane stone is sett and therefrae athort the said water 
again to ane stone put on the east side of the said water of Lossie at the 
lands of Maine and therefrae discendant the said east side of the water 
of Lossie untill ane other stone on the said caster side of the water 
devidand the saids lands of Maine and that part of the hard land of 
Elgin called the Palmer Butts and frae that eastward frae stone to stone 
untill it returne to the first stone in the nook of the Dyke of Knock- 
masting at whilk [blank] west to the water of Lossie both the saids 
parties condescends that there shall be 4 foot of ground left waste and 
ley betwixt them to witt two foot on ilk side of the stone to be ane 
common foot passage to honest men to visite their corns and fields and 
the saids provost and baillies and councill of Elgin be the tenor hereof 
condescends, agrees and declares that all and whatsomever is within the 
saids marches and meithes as is particularly above rehearsed is, was and 
shall be the proper lands of Maine and Aikenhead pertaining heretably 
to the said Reverend Father* . . . 

Marches betwixt the Lands of Mostowie, mos therof and tlie Lands of 
Aldrochtie, Innerlochtie and Whitefield, Monachtie and Mosses therof, i$th 
July, 1652. The said day th4 marches of Elgin visited be the Magistrats, 
Councill and community. The first march stone was at the west end of 
the lands of Oldroughty upon the north side of the high gate as they goe 
to Forres from that lineally southward to ane stone upon the stank side 
at the end of the butts whilk stone is now removed but the place where 
it stood evidently marked and now potted from thence due south to ane 

* Rev. Joseph Brodie of Mayne is probably here referred to. He was a son of David 
Brodie of Brodie, and became minister of Keith in 1631, and of Forres in 1646. He died 1656. 

B 2 



402 RECORDS OF ELGIN. 

other removed stone on the burn side from thence south-west to the hill 
called the Whitehill and the rodway that goes over it from thence south 
and west alongs the old rin of the Burn and finding it stopped near the 
end of the arable land of Mostowie they did let it out again in to the old 
rin from thence south ward to ane march stone [blank] from thence south 
ward alongs the strype called Collkillack to ane other stone in the north 
west [blank] from Whitefield to the mosses of Mostowie from thence 
south to ane other stone at the entrie of the moore beneath Whitefield 
from thence to the steane called the sadle stone upon the north side of 
ane stripe that rins in ane slack from thence just westward to ane litlc 
know where there is a stone called Gibon stone from thence due west 
to ane other stone upon ane knowhead called the Mare stone with ane 
rift in the midle and ane hole in the syde from thence northward to the 
steane [blank] and the carne of [blank] from thence north west and north 
and north east be the hill called the Langhill till they come where the 
swan tree burn runes in in Lochtie from thence down Lochtie to the 
north west nook of the [blank] hills from thence east to ane stone at the 
head of the Arne burn of Mostowie from thence east to the red stone 
bcsouth the Milndam of Mostowie from thence east to ane stone in the 
dam from thence north to ane stone upon a hillack a litle south west 
beside ane litle loch . . . 

Marches betwixt the Lands of Linkivoods and others and the Town of 
Elgin, 2nd August, 1652. The said day the east marches of Elgin were 
visited by the Magistrals Council and burges. The first march where 
sometime there was ane stone is a litle bcnorth present run of Tayock 
two pair of butts beeast the way that goes to Linkwood, the second is 
south and south east where umq 11 Gilbert Thorn his kiln stood from ane 
other stone upon the top of the hill near to the same from alongst a high 
way south and west to a hole where a stone was within a pair [? of butts] 
to Alexander Cumming's cotts theron from thence due west to ane stone 
in the ground of the dyke of the said yeard from thence south west to a 
stone upon a hill upon the north side of the burn of Linkwood from 
thence alongst that little hill head as it goes south west from thence south 
west to the top of another litle hill upon the brink of the said burn where 
sometimes there was ane stone but fain by the water from thence to ane 
hole where ane stone was near the hill called the Tod hill from thence to 
ane standing stone upon the east side of the way that runs from the south 
northward alongst the Longhill and besouth the end of the said hill. 



1718.] TOWN COUNCIL MINUTES. 

August 4th. The magistrats reported that upon 26th July they with 
several of the burgesses and inhabitants had perambulate the marches 
betwixt the town and the lands of Linkwoods conform to the bounding 
subjoined to the former sederunt and had found some incroachments for 
which there is a proces depending before the Lords against James 
Wiseman and others. 

The Council find the Provost in July last paid three years /Eques 
amounting to 67, one year's missive dues amounting to 66 I2s. 4d. his 
fees as commissioner to the burghs from 24th June to i/th July 72, 
item of extraordinaries in treating several members of the Convention 
and advising with Robertson of Gladney anent the Coal pitt 36 item 
horse hyre south and north 20. 

August 1 8th. The Council grant a receipt for 45 pieces of boreing 
irons borrowed from his Grace the Duke of Gordon for the discovery of 
coal. 

October 6th. The Councill appointed John Fenton, bailie, to be 
session bailie for the ensueing quarter with power to him to punish all 
immoralities according to the laws and acts of Parliament now in force 
and whereas the ministers and church session have represented to the 
Council the many licentious profanations of the Lord's day and practised 
within this burgh by haunting of taverns and alehouses in time of divine 
worship and after close therof, idle and unnecessary vagueing in 
the streets and sitting under forestairs either in time of divine 
worship and after close therof the Council for restraining any such abuses 
and for giving all due concurrence for suppressing vice and immorality, 
doe appoint ane intimation to be made by drum through this burgh dis- 
chargeing all and sundry the inhabitants whether masters or mistresses of 
familys, printices or servants or any other private or single person what- 
soever whether men or women to use any of the forementioned bad 
practices or profanation of the Lord's day under the penaltys contained 
in the Acts of Parliament made theranent and appoints parents to be 
lyable for their children and masters for their servants and for furder 
restraining the said abuses the Council appoints two of the Town officers 
ilk Lord's day to goe allong with such of the Kirk Session or others who 
attend at the offering or any member of Council who shall be thereto 
appointed to take notice of all abuses and profanations that may be done 
contrary hereto and they appoint any of the magistrats for the time being 



404 



RECORDS OF ELGIN. 



session bailie upon information and proof led before him of any such 
abuses to cause punish the delinquent in terms of the Acts of Parliament 
aforesaid. 

November 3rd. The south east and south west wings of the Bridge 
of Lossie need reparation. 

Guard rolls to be drawn up. Each guard to consist of 20 persons. 
To guard from 9 p.m. to 6 a.m. Absents to pay five pounds Scots each. 



1719. 

January 26th. A draught of a design for a bellhouse and spire for 
the church steeple of this burgh drawn up by Mr. Smith, architect. On 
consideration the pyramid designed for the church is put of until the 
town be able to defray the charge. 

April 1 3th. Intimation to be made by tuck of drum to the inhabi- 
tants that they keep their cattel off their nighbours' lands in terms of the 
i6th statute of this burgh. 

April 27th. The magistrates represented that the present circum- 
stances of the affairs of this nation require that for the publick service of 
the government all the powder in this burgh should be taken up and 
secured. The following was lodged in the fifth vault of the tolbooth for 
the public service and receipts granted to the owners: 38, 15, 9 and 38 
Ibs. ; in all 100 Ibs. 

June 29th. The inhabitants who have horses and carts to give a 
yoking to lead sand and stones to mending the high way leading from 
the Marywcll brae to Old Milns it being impassable in rainy or winter 
weather. The high way leading from the east by the bridge of Shearers- 
toun is by the stagnating and inundation of the water there in speats and 
winter weather impassable which hinders the country people from access 
to the mercats. Each inhabitant required by the Magistrates is to work 
one day with a spade or furnish a spademan for said work under the pain 
of 6s. Sc. 

September 7th. Broadswords are delivered to the four officers for 
which there was paid .10 I2s. Sc. 

September 22nd. Hugh Crombie is elected conjunct town clerk ad 
vitam atit culpatn. [He died before igth October.] 



I72O.] TOWN COUNCIL MINUTES. 405 

October 5th. The Council contribute two guineas to the burgh of 
Nairn for repairing their bridge and rebuilding their tolbooth lately burnt. 

Alexander Dick, senior, glover, having intimat to the Town Council 
his inclination of mortifying 1000 merks Sc. to the poor of the toun and 
parish of Elgin the Council appoints the provost, any of the baillies and 
clerk to meet with Alexander Dick and with William Duff of Diple, 
proprietor of thirteen crofts anent the sale therof for consumating the 
said pious design and to report next Council day. 

The Councill appoints the baillies to go each of them through a 
quarter of the town and take up exact lists of all the inhabitants and at 
the same time to search for lint in firehouses and where found to confiscat 
the same and fine the transgressor conform to the town's statute. 

November gth. William Shiels, surgeon, being the only offerer for a 
three years' tack of the petty customs is accepted at 512 yearly. 

November 3Oth. For a three years' tack of the Hospital! Croft 
belonging to Pitullie's Mortification James Anderson offered 22 Sc. 
yearly. 

[Deed of Mortification by Alexander Dick, glover, to the poor of 
Elgin for 1000 merks Sc. here recorded. The magistrates and ministers 
of Elgin are patrons and are to have a special regard to decayed trades- 
men and their widows and orphans.] 

I 720. 

January i8th. The magistrals presented a letter to them from Sir 
David Dalrymple his Majesties advocat bearing that he had a particular 
order from the King signified to him by his Secretarie whereby it is 
appointed that the said Magistrals do forthwith give direction within the 
burgh of Elgin for putting the laws in execution against all non-juring 
Clergy within their jurisdiction and the Council being credibly informed 
that Mr. Alexander Cuming a nonjuring Episcopal minister doth preach, 
pray, administer the Sacraments and do other acts of the ministerial 
function in this burgh without the qualifications requisite in law therfor 
the Councill unanimouslie resolve that the said Mr. Cuming be prosecute 
and tryed befor the Magistrats with all speed for his said offences and 
appoints a lybell to be drawn against him at the town fiscal's instance for 
that end. 



406 RECORDS OF ELGIN. [1/20. 

January 2ist The Councill considering that Mr. Alexander Cuming, 
the Episcopal preacher, is not a fixed residenter within this place cannot 
prosecute him till they fix him within the town's jurisdiction but in the 
mean tyme appoint the magistrats to make a return to my Lord 
Advocatt's letter bearing that they will prosecute the said Mr. Cuming 
how soon they can find him within ther bounds. 

February I5th. No draff or dung to be transported out of this burgh 
under the penalty of $ Sc. ilk transgressor. 

The Councill doe ordor George Wilson, thesaurer, immediatly to sett 
about buying of ten duzon of dealls for lofting and flooring of the room 
in the tolbooth bewest the Courthouse in ordor for makeing the same 
ane handsome and convenient Councill house. 

March 28th. Alexander Smith appointed conjunct clerk ad vitam 
aut culpam. 

April nth. The Magistrats to write Mr. Campbell their repre- 
sentative in Parliament to lay befor the Parliament the town's claim 
was levied out this burgh in 1715 by the Earl of Sutherland's order 
which claim amounts to 188 2s. 6d. Stg. 

Upon application made by some Invernes merchants that severalls of 
ther men as merchants and mariners are taken captives by the Sally 
roavers the Councill for ther redemption appoint 3 Stg. to be given.* 

April 1 8th. The Magistrats and Council appoint James Cuming, 
officer, to be putt in close prison and irons dureing the magistrates' 
pleasure for his being accessorie to the escape out of prison of Janet 
Master, spouse to James Smith, smith, who was imprisoned for the crime 
of theft. 

May Qth. The Councill considering that the toun's best mortcloath 
is old and much worcn thcrfor impower the magistrats to commission to 
Holland and buy for the toun's use a fine mortcloath of good velvet. 

The Councill give the case of half the rent of the Mariewell grass for 
the year 1719 in consideration of the loss sustained by the forces in their 
passing. 

June 1 3th. Agreement with James Brown, clockmaker, at Aberdeen 
to make and build ane sufficient and wcel goeing clock in the steeple of 

* Cf. "The Pirates of Barbary in Scottish Records," by \V. Cramond, pp. 172-182; No. 
44, The Scottish Antiquary (April, 1897) ; also Kecorils of Convention of Koyal Burghs, Vol. I., 
122, 124, &c. 



1721.] TOWN COUNCIL MINUTES. 407 

the tolbooth with two diall plates and that for 18 Stg. to be paid out 
of the vacant stipends for 1716 and, if necessary, the common good. 

July 4th. James Tylour and James Mill, town's officers, who were 
put in irons and turned out of their offices for disobeying Baillie Cramond 
when he was insulted by anc inhabitant of the town, now begging the 
Council's parden are reponed to their offices and their coats returned to 
them. 

September I2th. The Council! appoint Colonel Campbell, their 
representative in Parliament, to sell in London the share allotted to 
them in the Royal Fisherie of England which was 3000 Stg. 

October loth. Robert Innes of Blackhills and his tenants allowed 
for one year to win and lead away lyme stones from muirs belonging to 
the town besouth the town. 

November I4th. Several of the inhabitants complain that the tacks- 
men of the Old Milns unduly exact multure under the name of knaveship 
to the millers whereas by agreement with the town and the Heritor 
(Diple) the multure of all grains is fixed to the T V part. The Councill 
are to demand redress of the heritor. 

December I3th. A Head Court to be held on the ipth inst. to deter- 
mine whether the inhabitants incline to debate the matter anent the Old 
Milns legally with Diple who declines to accomodate the affair. 



1721. 

January Qth. Robert Innes of Mondole is now prisoner in the 
tolbooth for civil debt. William Cuming in Wester Alves offers to 
relieve the town of all skaith if he is not kept a close prisoner. The 
Councill allow him in the day time to walk in the Courthouse or room 
bewest the same. 

The masons' charge for building the tolbooth is 4000 Sc. Item in 
victual three chalders (48 bolls). 

January i6th. The Councill being informed by some of the burgesses 
that ther appears to be a gang of villains in town who are attempting 
every other night to break open the merchants' shops do appoint that 
every night twelve of the townsmen keep a nightly watch and patrole in 
the streets for preserving the inhabitants from house and shop breakers. 



408 RECORDS OF ELGIN. [lJ22. 

The Magistrals are appointed to write Colonel Campbell, their repre- 
sentative in Parliament to solicit the payment of the accounts due to the 
town while the Earl of Sutherland and the army under him lay here in 
December, 1715. 

May ist. The old pit in the tolbooth to be set up as a shop. The 
keys of the prison where Mondole and Aldrochty are were delivered to 
Andrew Russell to keep them in close prison because the letters of 
caution expire this day. 

July roth. The Councill considering that the highway leading to 
this burgh from the south through the middle of the Cattaills and 
through the Moss Wynd to the School port is much spoilt with the 
late rains and often impassable by horses and carts to the prejudice of 
the town and burgesses do ordain the said road to be amended and 
made up with gravell, stones, whins or other materialls necessarie and 
for that end appoints the whole inhabitants who have cart horses to 
attend and assist at the said work as they shall be warned with their 
horses and carts or sleds under penalty of half a crown ilk absent. 

December 4th. It being proposed by the Magistrals that they had 
ordered their representative in parliament in name of the Town Council 
to apply for an Act of Parliament for two pennies Scots upon ilk Scots 
pint of ale brown, vented and sold in publick houses in Elgin in taverns 
and alehouses for sale for the space of nynteen years to be applied for 
building an east pear at Lossiemouth and compleiting the pear on the 
west side therof, mending the highways leading from Elgin to the said 
harbour, repairing the church and steeple of Elgin and paying the town's 
publick debts. The majoritie of the Councill impower the magistrates to 
prosecute said affair. 



1722. 

February 5th. Additions to the Alphabet of Pettie Customs : Each 
horse pack of roll tabacco to pay IDS. Sc. of custom and each transient 
roll of tabacco 8d. Sc. &c. 

February igth. 27 Stg. to be paid to James Brown, clockmaker, 
for the tolbooth clock, it being well going and an eight days' clock. 



1722.] TOWN COUNCIL MINUTES. 409 

March 26th. The vault under the Little Kirk sett for three years at 
the yearly rent of g 133. 46. Sc. The vault in the laigh tolbooth called 
the Pitt sett for three years for the yearly rent of 4 33. 4d. Sc. 

Inhibition to be sent for against the Laird of Westfield for the debt 
he owes to the poor of Elgin mortified by Alexander Dick. 

May 3rd. Peter Russell, writer, elected Collector of the duty of 2d. 
Sc. allowed by Act of Parliament in favour of this burgh on ilk Scots 
pint of ale or beer brown, brought in or vended for sale within the town 
of Elgin. He is allowed 20 Stg. of salary for the first year, 1$ for 
the two following years. 

[Copy of the foresaid Act of Parliament here recorded.] 

" Whereas the town of Elgin in the County of Elgin and Forres in 
that part of Great Brittain called Scotland is a very ancient burgh and 
now labours under the burden of large debts which have been very 
much increased by the contributions and other extraordinary charges 
and expences the inhabitants thereof were put to during the late 
unnatural rebellion by means whereof severall publick works tending 
to the benefite of the said town remain unfinished and are out of repair 
which debts the said inhabitants are unable to discharge or to compleat 
the said publick works for want of any sufficient revenue for that purpose 
and whereas the banks of the water of Lossie are insufficient and the 
channell of the said river is filled with sand which occasions it to over- 
flow its banks to the great prejudice of the neighbourhood and the 
harbour of Lossie belonging to the said town and lying at ane small 
distance from it being in a very ruinous and decayed condition which if 
not repaired will be to the manifest prejudice of all persons trading in 
the Murray Firth as well as to the said town and whereas the publick 
stock of the said town is so very small that the inhabitants are rendred 
altogether unable to carry on, compleat and maintain the necessary 
works aforsaid without some other provision be made for that purpose. 
To the aide thereof that the debts of same Toun be paid and discharged 
and the publick works thereof finished and compleated, That the banks 
of the river of Lossie may be repaired and made suficent and the chanell 
cleared of sand or gravell so as it may not overflow the banks or return 
up the run of the Loch of Spynie and that the said Harbour of Lossie 
may be inlarged, improved and repaired so as that the samen may be 
made fitt and commodious for navigation and trade and for the common 

C 2 



410 RECORDS OF ELGIN. [1722. 

good and benefit of the said toun and other persons tradeing thereto 
Be it enacted . . . that from and after the five and twentieth 
day of March, I M . VII C . and twentie two years for the terme of ninteen 
years . . . their shall be layd ane imposition or duty of two penies 
Scots or the sixth part of ane penny starling (over and above the dutty 
of excyze) upon evry Scots pint of ale and beer that shall be for sale 
either brewed, brought in, vended or tapped within the said toun or 
priviledges thereof . . . payable by the brewers, sellers and tapsters 
... to the Majastrats and Town Council . . ." * 

June 25th. Robert Innes, late provost, is elected to represent the 
Burgh at the ensuing Convention of Burrows and allowes him the 
ordinarie and former fees from the down sitting of the Convention to the 
upriseing therof and allowance for four days outgoeing and four days 
homecoming with the ordinarie horse hyre south and north. 

The Council, considering the process raised against them in the Court 
of Session by Robert Rhind, wright in Elgin and his adherents is 
malicious, resolve that the charges be born upon the Town. 

'Among the town's records is "A Register and Record of the Proceedings of the 
Majastrates of Elgin and of the Gentlemen overseers of ane Dutie of Two Pennies on the 
Pint Ale granted by Act of Parliament To the Burgh of Elgin for Nineteen Years space begining 
the 25 of March, 1722 years." 

The Town Council of Elgin were appointed Trustees to expend the money collected and the 
following were appointed Overseers to meet on the first Monday of August annually to examine 
the accounts of income and expenditure : Alexander Brodie of Brodie, Sir Robert Gordon, 
Bart., Sir Henry Innes, Bart., Joseph Brodie of Milntown, Robert Urquhart of Burdsyards, 
James Brodie of Whitehill, Colonel William Grant, Alexander Cuming of Rosehill with the 
Parliamentary representatives of the county and burgh. Peter Russell, writer, was Collector 
for the first three years, Thomas Sinclair for the second three years and then Thomas Purse was 
appointed. The Collector's salary began in 1722 with 20 but fell to 8 55. in 1728. The Over- 
seers began their work with energy. On I2th September, 1723, they met and called upon the 
Magistrates to submit an exact statement of their debts prior to the passing of the Act. Next 
day the Collector and his cautioners not appearing at the meeting the Overseers fined Peter 
Russell 10 Sc. and ordained him to be imprisoned till payment be made. They find that 
Peter Russell has embezzled or unaccounted for 17 us. 6d Slg. and other sums and order these 
to be paid. Three weeks later the Collector's cautioners are imprisoned. They petition for 
release and are freed for a few days in order that they may confer with the brewers. No meeting 
is recorded from 1723 to 1729. At a meeting of Overseers held on 2gth October, 1729, the 
Magistrates petitioned the Overseers to adjust the accounts for the previous seven years. The 
income for these seven years was found to amount to ^783 Stg. The meeting allow Alexander 
Gordon of Dykeside's account for repairing Cay's bridge on the way from Elgin to Lossiemouth 
which became ruinous in 1724, they also pass an account of y) los. 9d. for repair of the 
Beadhouse and 10$ 75. Stg. being debt due to Pitullie's Mortification and 400 merks due 
to Dunkintie for casting the Kirk Bell. Other sums allowed were 13 6s. 9d. to William King 
of Newmiln due his father per decreet arbitral, ^38 35. to Bailie Anderson for Tolbooth bell 
and balance due on School acre, 59 145. due to the poor of the parish of Spynie, 2$ due to 
Thunderton, fy los. to James Chalmers due by decreet before the Lords and ^50 for repair of 
the bridge of Lossie. The income for the eighth and ninth years .82 and ^72 was applied 
chiefly to Lossiemouth harbour. 



1722.] tOWN COUNCIL MINUTES. 411 

James Fenton, baillie, presented a recept from James Anderson 
shiriff depute of Murray for the body of Robert Farquhar, sometym in 
Ricketlone, now in Dunkinty, who was transported from the prison of Elgin 
to Edinburgh by virtue of His Majesties advocats warrand for forgerie. 

Commissioner's fees to the Borrows fitted. The Convention haveing 
sitten sevin dayes and four dayes out and als many in, being allowed at 
a crown per diem with twentie punds of horse hyre amounts in haill to 
sixtie fyve punds Scotts money. 

[Copy of the sett of the town of Elgin here entered in full with copy 
of the ratification by the Convention of the sett, of date 8th July, 1706.] 

October 8th. The Council! appoints the Baillies to go each through 
one quarter of the town and to make a search for lint that may be found 
in fire houses and to confiscat the same and ordains them to make up 
exact lists of all the inhabitants in the four severall quarters of the town 
and ordains the inhabitants for the preservation of the peace of the town, 
preventing fire, thefts &c. to keep guard within the tolbooth from nyne at 
night till four in the morning from this day till the Councill discharge the 
same at the number of twenty men for ilk guard under penaltie of 30$. 
Sc. for ilk guard and impowers the magistrats to name the captains of 
the severall guards. 

November 5th. Shutting acres, belonging to Darklen's Mortification 
set for three years for 83 IDS. Sc. yearly to William Forsyth, glasier. 
Lyper land, belonging to Pitullie's Mortification, set for three years to 
William Shiell, surgeon, for ,80 6s. 8d. Sc. yearly. 

December i/th. The brass weather cock that stood upon the head 
of the pyramid of the tolbooth rouped for 73. 6d. Sc. per Ib. weight. It 
weighs 57 Ib. 

James Cuming and James Nicoll, town's officers, having malverscd in 
their office by suffering without any resistance Thomas Tulloch, apothe- 
cary apprentice, who was convict of a notorious ryot and affront done to 
Robert Innes, late provost, to escape out of prison after sentence, the 
Council degrade and remove them from office and ordains the town's 
livery coat to be taken from them. 

The horse post office set for 20 los. Sc. for one year. 



412 RECORDS OF ELGIN. [l7 2 3- 



I723- 

January 7th. The bow bridge upon Lossie bewest the town being in 
some part like to faill the magistrates are to inspect it and report. 

March 25th. Herding of Cattle. Intimation to be made this day by 
tuck of drum to all the inhabitants to keep of ther beasts from eating 
grass or corn, under the penalty mentioned in the town's statutes. 

April 29th. Robert Innes, late provost, appointed as Commissioner 
from this burgh to visit the state and condition of the burgh of Inverness 
along with Commissioners from Forres and Nairn, in terms of Act of 
Convention of the Royall Burrows in July, 1721, and the Councill allowes 
the said Robert Innes the ordinarie Commissioner fees used in the like 
cases with the ordinary horse hyre from this to Inverness and back again. 

May 6th. Mr. Wm. Shepherd, master of the Grammar School 
demits office. The Councill appoint the clerk to write a letter to the 
town's agent at Edinburgh to cause publish in the Edinburgh Courant 
that the Grammar School of this burgh is vaccant and to advertise all 
persons that are qualefied for such an office to repair to this burgh again 
the 25th day of June in order to undergoe a tryall and compet for the 
said Grammar School wher they will sett ane competent salary and other 
encouradgments to be insert in the Agent's letter. 

June 1 7th. The Councill considering that David Cuthbert, merchant 
in Portsoy, is prisoner in the tolbooth of this burgh on a caption at 
Drumuir's instance and arrested at Lachlan McKintosh, merchant in 
Inverness, instance for debts Do ordain that each night at nyne o'clock 
the key of the prison where the said David Cuthbert is be given by the 
town officers to one of the town Councill and the door then to be lockt 
nightly and the key kept by a Councillor till next morning at eight. 
Baillie Lyon is to keep the key for this week. 

June 26th. After public examination of three candidates the presbi- 
trie recommend Mr. John Porteous as the most qualified man and therfore 
the Councill admitt him as master of the Grammar School, to serve for 
three years, and do intitle him to the sum of 1 10 Sc. as sallary yearly 
with the rooms above the school and his school fee to be a merk Scotts 
for ilk town's child and the double for ilk country scholar quarterly with 
the ordinarye casualities used and wont. 



I723-] TOWN COUNCIL MINUTES. 413 

July 22nd. The magistrats have bought from James Robertson, 
merchant, ane new fine velvet mortcloath consisting of nine elns and ane 
quarter for g I2s. Stg. 

Upon a petition from William Sheills, tacksman of the town's pettie 
customes the Councill doe order the thesaurer to give him ane stand of 
Dutch iron weights and a fruit peck for the use of the mercat. 

The mosses of Strathcant and Glassgreen to be visited this week by 
the magistrates and burgesses. 

August 5th. James Anderson, who professes the trade of a brazier 
(which is very much wanted in this place) being recommended by worthic 
gentlemen for a settlement in the town for practising the said trade the 
Councill do receive him as burges and freeman of this burgh gratis for 
his encouragement to live and work therin at said trade. 

September 2nd. The Council did enter and receive John Duff 
merchant burges of Elgin as their vassal in ane auchten part of the 
Greiship land formerly belonging to Andrew Ogilvie and disponed by his 
son John Ogilvie to John Duff. 

October 7th. A comitee appointed to view what incroachments the 
deceast Robert M'Kain and John M'Kai.n, his sone, have made upon the 
grass of the Gallow Hill since it appears by an Act of Council dated 
22nd June, 1696, that that grass belongs in property to the town and was 
sett at the forsaid tyme to the deceast Baillie John Donaldson for three 
years at half a merk yearly rent and to report. James M'Kain, merchant, 
being chosen by the Council a stenter of cess of this burgh for the 
ensueing year and he refusing to accept or even give his oath de fideli is 
fyned by the Council for his willfull disobedience in the sum of ten 
punds Scotts. 

October I4th. As the grass of the Gallowhill is found to belong to 
the common good John McKean is to be warned from said possession 
and to be pursued for the bygone maills. 

October 2ist. James Anderson, a Councillor and Baillie chosen for 
the ensueing year qualified himself by swearing the oaths of Alleadgeance 
and Abjuration and subscriving the same with the Assurance. 

Ludovick Brodie, writter to the Signet, and lately the town's Agent, 
presented an accompt due by the town to them, partly for the town's own 
affairs and partly for prosecuteing the poor's mortification of 1000 punds 
Scotts made by John Innes of Darkland out of the wadsett of Darkland 



414 RECORDS OF ELGIN. [1724. 

to the poor of Elgin, Birney and Longbryde. Ane comitee appointed 
thereanent. 

Baillie Cramond delivered the keyes of the prison wher David 
Cuthbert lyes to Robert Duff, baillie, to be keeped be him to the nixt 
Councill. [Cuthbert seems to have been reapprehended for under same 
date the following entry occurs.] The Councill appoint the Magistrates 
to cause apprehend James Morgan, lately one of the town's officers, for 
his being accessorie to the escape of David Cuthbert out of prison, in 
order to a tryall. [Cuthbert was still in prison on nth November, but 
seems to have been liberated by 24th December.] James Cuming 
re-admitted one of the town's officers on beging the magistrats and 
councills pardon. 

December gth. The town is due the provost as Commissioner to last 
Convention of burrows amounting to 27 days from the day he sett out 
from Elgin to the day he returned inde ther is due to him 81 Sc. of 
Commissioner fees with 20 Sc. of horse hyre, south and north, with 
which accompt the councill is satisfied. 

December i6th. Thomas Purse, collector of the penalties for im- 
moralities, his charge amounts to 96 and discharge 94 195. 4d. Sc. 
(being sums paid to Session clerk, town and kirk officers for salaries). 

December 23rd. The Councill, considering that the Shiriff of 
Murray and his deputts have incrotched upon the toun's priviledges 
and jurisdiction by fynning severall of ther burgesses for ryotts and 
judgeing other civill actions contrair to the touns authority and rights 
wherein the toun is invested therfore they appoint the magistrats to 
search the cadgett and get some of the former hornings raised against 
the former Shiriffs founded upon the touns decrcet anno 1540 and renew 
the same against the present Shiriffs and ther deputts in order to 
preserve the toun's jurisdiction and priviledges. 



1724. 

February 3rd. A new horning has been raised against the Sheriff of 
Murray and his deputs. 

March i6th. The Councill resolves that the moneys presently in the 
treasurer's hands and what may arise again Whitesunday nixt of the 



1724.] TOWN COUNCIL MINUTES. 415 

duty upon the two pennies of the pynt ale be applyed for payment of 
the mortified money due by the toun to the poor of Spynie made by the 
deceast Marie Bannerman, Lady Findrassie. 

The magistrates are appointed to call for the writs and evidents of 
the rood of land formerlie belonging to Mr. Alex r . Tod, minister, and now 
to the poor of Pitullie's mortification. [Received 6th April.] 

A disposition from Issobel Chalmer, daughter to the deceased James 
Chalmer, in favours of the Hospital Master of one-third part of a croft 
dated i/th March, 1710, put in the cadgett. 

The Councill ratify the right and sale of a seat in the high church 
sometyme belonging to Kinairdy and therafter to John Lawrie, meason, 
and by him sold to Robert Leslie, wigmaker. 

May nth. The Councill, upon a complaint from Alexander Roust, 
master of the musick school, upon Elizabeth Cheyn for teaching in a 
privat school vocall and instrumentall musick, do order the said privat 
school to be suppressed as prejudicial! to the publick school. 

May 1 8th. The grass of the Gallowhill and the laboured land ther- 
about sett at 405. Sc. of yearly rent. The School acre sett for 24. 6s. 8d. 
Sc. The Shambles sett for a year for 3 1 Sc. 

May 25th. The Councill considering that there are frequently some 
of the King's troops lying in garrison here wherby the toun's drummer is 
superseded in his beating morning and evening as usuall do therfor for 
hereafter restrict the drummer's salarie to 16 Sc. per annum and so 
proportionallie for any space any of the armie be quartered in this town. 

June 1 2th. The treasurer out of his intromissions with the two 
pennies upon the pint ale imposed be act of parliament in favour of this 
burgh pays the Lady Findrasie mortification of 1000 merks to the 
patrons Ludovick Dunbar of Westfield, John Leslie of Findrasie and 
John Dunbar of Burgie, heritor of the lands of Bishopmiln, said sum 
resting be the town conform to bond 28th May, 1707. 

The provost delivered to the thesaurer ane pass key that opens three 
doors in the Tolbooth which was formerly made for the convenience of 
Mr. Brown, clockmaker, when he was building the tolbooth clock. 

July 6th. The Councill ordor that the highway that leads through 
the Cattaills, which presently is impasible be amended and filled up with 
whins and gravell and that all the inhabitants of the burgh who have 
working horses furnish their horses and men for one yoaking at the said 
work under penalty of I2s. Sc. for ilk absent horse. 



416 RECORDS OF ELGIN. [1724. 

Intimation to be made by tuck of drum that the burgesses and other 
inhabitants attend the Magistrates upon Thursday next be ten aclock 
forenoon for ryding of the toun's marches. 

July 24th. Ther being several! complaints made to the Councill that 
ther are many inhabitants have swine that eat and goe throw the corns 
and that ther are some persons who make high roads through the cornes 
and that there are several! children and others break yards and take 
away fruit and break the trees contrar to the I7th statute of this Burgh, 
therfore the Councill appoint the said statute to be published this day be 
tuck of drum and that the contravecners be punished in the termes of the 
said statute. 

The Councill appoint John Ogilvie, messenger, immediately to goe 
and apprehend and imprison the persons of Peter Russell and his 
cautioners upon the caption at the Thesaurcr's instance against them 
for the two pennies upon the pynt ale. 

August 3rd. John Shearer, cautioner for Peter Russell, collector, is 
liberated on his petition till 8th September. 

November pth. Upon a petition from Mr. John Porteous, master of 
the Grammar School craveing a Doctor to assist him in teaching his 
scholars since by their number and his close attendance he is not able to 
undergoe the charge. The Councill allow 50 mcrks Sc. per annum to be 
payed out of the comon good to be payed at the Councill's pleasure only 
and that the Doctor be such as the Magistrals present and be pleased 
with and that the said sallary be not payed but when the scholars 
exceed the number of sixty and upwards. 

November 23rd. Ther was a proposal! made that Harie Innes 
second laufull son of the deceast Colin Innes, merchant in Elgin, should 
be nominat Doctor of the Grammar School. The Councill ordains the 
said Harie Innes to undergo a tryall of his qualifications for that post 
befor the presbytrie of Elgin. 

The sum of 14 i6s. Sc. is payed out of Pitulie's mortification for a 
board of record of the mortification said board with gilded letters to be 
hung up in the church above the merchant loft in memory of William 
Cuming of Pituly for his mortification to the gildrie. 

The cautioners for Peter Russell, collector of the two pennies grant 
bond for 89 175. lod. Stg. as balance due to the town by him. 

Peter Russell lies in prison. He remained there till 15 Feb. at least. 



! |B ,i*m 




1725.] TOWN COUNCIL MINUTES. 417 

November 3Oth. Haric Innes chosen Doctor of the Grammar 
School. 

December I4th. Upon a petition signed be severall of the burgesses 
of this town in favours of Robert Whitingdalc, teacher of Arithmetick, 
writting and book-holding, craveing some competent sallarie for his 
incouradgement the Council! grant 20 Sc. for one year. 



I725- 

January 5th. James Chalmer, son of the deceased George Chalmer, 
town clerk, has raised an action in the Court of Session for 518 Sc. 
alleged due by the town by an Act of Council of 7th February, 1702. 

The Beadhouse being presently in a ruinous condition and like to fall 
the Magistrates order it to be repaired. 

Contract for building and repairing the mason work 240 Sc. 

John Rinken, merchant in Fochabers to supply timber such as sparrs, 
dealls and jeasts. 

January 25th. The vault under the tolbooth which was formerlie the 
pitt is ordained to be sett in tack for three years. 

April 7th. Act for preserving the highway leading to Bishopmiln. 
The magistrats represented that the highway leading from this burgh on 
the north side therof to the foord of Lossie and the miln of Bisho.pmiln 
and at the north end of the vennell called the Lossie wynd and which 
highway is a common passadge from the toun of Elgin to the sea port 
touns of Burghsea, Causea and Stotfield has been lately plewed up and 
tilled by George Innes of Dunkenty his sones and servants wherby the 
said high road is inteerly stoped and therby the communication of this 
burgh and the northern parts of the countrie cutt of, That the saids 
magistrats had made ane civill interuption to the said nottorius incroach- 
ment upon the fyfth instant and that since the said interruption the said 
George Innes had caused cast fussees and wett ditches at the south and 
north ends of the said highway wherby the said highway was rendered 
inteerly useles for any maner of passadge either of horse or men, And 
desired the toun Councill to provide a remedy and reddress for the said 
incroachment. The toun Councill haveing deliberatly considered the 
above representation with the i56th Act of the I2th Parliament of King 

D 2 



418 RECORDS OF ELGIN. 

James the 6th intituled ane act anent the passages to free Burrows as 
also ane clause in the charter granted by King Charles I. to the toun of 
Elgin whcrby the King gives to them the priviledge of preserving all the 
highwayes and passadges leading to and from this burgh inteer in ther 
breadth and to preserve them from being distroyed and deminished, Doe 
unanimously resolve and agree that the stopage of the said high way be 
the-said George Innes is ane nottorious incroachment upon the priviledges 
of this burgh and that the magistrals shall furthwith cause beat a bank by 
tuck of drum through the toun commanding all the burgesses to be aiding 
and assisting in filling up the said fussees and make the said high way 
passable and patent as the same has been these fourty years and upwards 
as farr back as the oldest man liveing in this burgh doth mynd, as also 
the magistrals are impowered to raise letters of horning upon the fore- 
cited Act of Parliament against the said George Innes for the said 
incroachment. 

April 1 2th. Upon ane petition given in by Alexander Dick, deacon 
of the Incorporation of Glovers touching the saids Glovers and the other 
burgesses ther haweing right and priviledge to dry ther skins, wool and 
cloaths upon the green next adjacent to Burrowbriggs at the west and 
the highway leading from the burgh of Elgin to Bishopmiln at the east, 
which being considered by the Council! they appoint John Sutherland of 
Greenhall to gett a double of said petition and to see and answer against 
the nixt Council! day. 

May loth. The Council! appoints the magistrals to search the toun's 
cadget anent the touns right and priviledges in the white fishing catched 
and brought in to the harbours of Burghsea, Causea and the Stotfield 
and other ports betwixl Spey and Findhorne because the fish mercat in 
this toun is much deminished. 

The Council! find that Greenhall has not produced a sufficient right 
to the Green next the lands of Burrowbriggs and authorise the petitioners 
and all other burgesses of Elgin to possess the said Green as they have 
been in use and wont these many years past memorie of man. 

Stated accompt betwixt the Poor of the Parochins of Elgin, Long- 
bride and Birney upon Darklen's Mortification of the toun of Darklin 
and the patrons of the same from 1714 to 1724. [Here stated in detail.] 

The Councill allow Robert Gordon, merchant, to cast peatts in the 
moss of Mostowie for his families use allenarly. 






I725-] TOWN COUNCIL MINUTES. 419 

The instrument taken against Dunkinty for incroaching upon the 
highway is duly registrat in Edinburgh. 

June 7th. The Councill considering that all ther number are charged 
befor the Lords of Session in an action of declarator of property, 
molestation and damnages at the instance of John Sutherland of Green- 
hall and John Sutherland his eldest son anent the Green next Burrow- 
brigs they doe appoint that one of the sumondses be sent immediatly of 
to the Toun's Agent to make the toun's defence in vindication of ther 
property and possession and that the defence of that action be upon the 
publict charge' and the Magistrats call a Head Court and desire the 
concurrence of the burgesses and that if the common good should fall 
short in defraying the expence of the defence of this action that ane 
proposal be made to the burgesses that they meet and stent themselves 
to make up the said expence. Also that the Councill raise a process 
against Greenhall for non-entrie of ane aughten part of the Greeshop 
lands of Elgin and the lands of Blackfrierhaugh, which formerly belonged 
to Sir James Calder of Muirtoun and now to Greenhall and which lands 
since the deceast Sir James Calder's death which was in the year 1713 
have been in nonentrie and hold few of the toun. 

June 2ist. Upon a petition from William Innes, son to James Inncs 
of Cotts the Councill out of favour to him grant him liberty for his 
proper use to win, lead and away take lyme stone furth of the muirs 
upon the south side of Cattaills belonging to the toun for this present 
year to the number of forty or fifty loads. 

June 28th. James Watson, tacksman of the sclait quarries of Fin- 
drassie, agrees to furnish alse many good and sufficient sclait as the 
Beadhouse should need to thatch the same for 78 punds Scotts. William 
Allan, sclaiter in the college of Elgin, agrees to thatch the toun's 
Beadhouse with sclait for five pounds Starling, the toun furnishing pinn 
timber, sclait naill, fog and other materialls. 

September 2oth. Report of ane Head Court. The Magistrats 
reported that upon Tuesday last the I4th instant, being the second 
Tuesday of this moneth in the termes of the sett they held a Head 
Court wherin were exposed the thesaurer and hospitall master accompts 
with the instructions of the intromissions with the comon good and 
mortified lands and rents since Michaelmas last untill the forsaid day 
they haveing been lodged in the clerk's hands twentie dayes preceeding 



42O RECORDS OF ELGIN. 

and advertisement made therof to the burgesses and that none of them 
objected against the saids accompts, instructions therof or the magistrals 
and Town Councill's administration of the same. 

October nth. Regulators of prices in the mercnts. The Council! 
considering that the prices of fyring, fewell, fish, flesh and other vivers 
are latelie arisen to an exorbitant hight to the great extortion of the 
inhabitants do therfor constitut and appoint James Cramond and John 
Dunbar, baillies, overseers of the mercats within this burgh with power 
to them to sett reasonable rates on all fewell, fyring, fish, flesh and other 
vivers and this to endure till the 1st of November nixt. 

The Councill considering that John Innes of Darklen did by a deed 
of mortification anno 1698 leave upon his lands of Darklen ane sum of 
1000 merks Scots to the poor of Elgin toun and parish and to the poor 
of Birney and Longbride parishes equallie betwixt them 400 merks of 
stock the annual rents whereof were to be annually distributed as also by 
the same deed he left on said lands 100 merks to be given the poor at his 
buriall which not being done nor the annual rents of the whole stock 
recovered from Mcrtimas 1714 to Mcrtimes 1724 by reason of a plea 
which arose betwixt Dunkintie as heir to Darklen and the patrons of said 
mortification which being decided by the Lords of Session in favours of 
the poor several sums have been recovered out of the rents of Darklen. 

November 8th. The Councill appoint the magistrals to goe to the 
toun's cadgetl and lake oul ther charter under the great seall and the 
seasine following theron and send soulh wilh Ihe firsl convenience to the 
toun's agenl, in order to be produced in the actions with Greenhall. 

November I5th. Libertie of limes ton to James Ogilvie. The Councill 
upon a petilion from James Ogilvie, mcasson, allow him lo win and lead 
away ane hundred load of lym slonc oul of Ihe loun's muirs for the use 
of his lands of Easter Pcttinsear. 

November 22nd. The Councill ralifics Ihe payment made by order 
of the magistrates to Mr. Archibald Dunbar of Thundertoun, late provost, 
of 30 Sc. due by the toun to him for commissioner fees and expences 
at three convcnlions of borrows stated as a debt on the toun by act of 
Councill 27th August, 1716, and the said money was paid out of the 
duty of the two pennies, being the same was an old debt. 

December I4th. The sum of 52 Sc. paid as part of the price of the 
sclates for the beadhouse out of the fund of the two pennies. 



1726.] TOWN COUNCIL MINUTES. 421 

December 2Oth. Assignation made this day in the magistrats' hands 
of the toun and lands of Overmanbeens made in favours of Mr. James 
Allan, late minister at Rothes, disponed to him by the deceased James 
Spens, writer in Edinburgh. 

I 726. 

January 26th. The Magistrats and toun councill sign an address to 
the Honourable the house of Commons complaining of the hardship of 
the Malt tax. They also sign an address to the King complaining of the 
officers of the armie being named in the Commission of the Peace. 

Thomas Purs, Hospitall master, represented that he hade gott a 
charge of horning at the instance of Alexander Duff of Drumuir for 
ane pretended few duty of ten punds Scotts yearly for these thirty years 
past alleadged due by the toun for the Grand or Order Pott, which 
charge the Councill appoint the said Thomas Purs to suspend. 

February 3rd. The Councill considering that the burrowland lying 
upon the south side of the burgh belonging to Robert Innes, merchant, 
has been of a long tyme past ruinous and the houses lying at the east of 
the toun belonging to the heirs of the deceast Alexander Sim are like- 
wayes ruinous and have been so these many years, doe therefore cause 
intimation to be made to the proprietors of the saids lands to repair the 
same within year and day with certification that the magistrats will sell 
the same at a publict roup in the termes of the Act of Parliament made 
anent ruinous lands in Burghs. 

February 8th. The Councill order the Treasurer to pay to Baillie 
Gordon, commissioner for the toun at the Convention of the Royall 
Burrows 3 145. icd. Star, for the toun's eques for the years 1724 and 
1725, and .10 153. 7d. Star, for the toun's missive dues for said years also 
to pay to Baillie Gordon for commissioner fees and horse hyre 3 
Starling. 

May i6th. The Councill considering that its a verie necessar work 
to repair the toun's bow bridge that stands upon the watter of Lossie at 
the west end of the toun empower the baillies to view what is ruinous 
about the said bridge and report. 

May 23rd. Greenhall agrees to arbitration anent the differences with 
the community. 



422 RECORDS OF ELGIN. [1726. 

May 3 1 st. The Councill agree to preferr James Ross, George Ogilvie, 
William Rhind and John Ritchie, meassons, for repairing the bridge, the 
price to be payed out of the fund upon the two pennies of the pynt of ale. 

June I3th. James Innes, baillie, chosen commissioner to the burrows. 
The Councill orders that it be ane instruction particularly to bring a 
glassier from the south. 

Letter from Mr. Andrew McGill, Garmouth, of date 7th June, 1726, 
to the Magistrates containing his advice anent the harbour of Lossie- 
mouth. He has had the advice of Captain James Fall of Dunbar. He 
says the difficulties of a heavy sea and unfavourable neighbourhood 
of immense bulks of sand are in great measure counterbalanced by a 
near and plentiful supply of freestone at moderate cost and the possibility 
of a cleaning sluice from the Loch of Spynie. The neighbouring gentle- 
men proprietors of that loch are so far sensible of their own interest in 
draining that large tract of fine ground as to be resolved upon making it 
effectual and the scheme'of a harbour would benefit them. He proposes 
to cairn stones in line on the east side of the water mouth. To prevent 
the seas deepening behind the Long Cairn it is advised to lay several 
lines of creels filled with beach or pebbles stretching from the said cairn 
eastward along the sand some forty or sixty yards for gathering the sand 
and raising that bank the higher the better both to secure the course of 
the river and save the beating of the sea in the place where the vessels 
may lie. He advises also to complete and cover in the houses now in 
ruins to be used first for the workmen and then for the fishermen when 
they come to settle there, and the smoaking houses will have an attractive 
virtue and promote the most hopefull branch of our Trade, viz., the 
fishing of all kinds. The removing all the louse stones on the west 
side of the river and cutting and levelling the rock that is under them 
will very much improve the channell of the river and if ever a key is 
built along that side the farther back the better and the stones for it are 
easily had from the rocks above and at hand. 

July 1 8th. Visitation of the mosses of Mostowie and Wester 
Glasgrein to be on Saturday next. 

Contract betwixt the toun and the measons anent the reparation of 
the bridge on Lossy, of date i6th June, 1726, here recorded in full. The 
bridge on the water of Lossy north west from the town "is presently 
rent, decayed and like to fall." The masons contracting agree to take 



1727.] TOWN COUNCIL MINUTES. 423 

down the south side of the bridge on both the east and west sides, at 
least so much as is faulty and like to faill from the arch and to found and 
rebuild it anew five foot thick at the found, tapering up three foot to the 
street on the top of the bridge and to build the front or face of both the 
wings of the said south ends of the said bridge to the measure and 
extent of ten or eleven feet from the arch and to pin and point the north 
side of the bridge and make a sufficient revell of hewen free stone along 
the east and west sides of the whole bridge where now defective and to 
place gutter stones for carrying water off the street of the said bridge on 
both sides and to lead stones &c. thcrfor but excluding lyme, lead and 
iron. The whole to be finished by 3ist December, 1726. They also 
agree to set up a stone globe on the top of the steeple of the tolbooth 
and to fix an iron stalk designed for fixing the weather cock to be planted 
on the top of the said globe. Contract price for all the above 600 merks 
Sc., of which 300 merks is instantly paid out of the two pennies on the 
pint of ale. 

September 27th. Robert Innes, lately provost, being removed by 
death, his son James Innes is elected provost. 

October 3ist. George Wilson, late thesaurer, delivered over to 
Thomas Purs, present thesaurer, the two silver communion cups, two 
dumbcrafts, as also the best and second mortcloaths and four mortcloaths 
for children and the keyes of the clerk's chamber wher the cadget lyes. 



1727. 

January gth. Warrand granted by the toun councill to borrow 1000 
Scotts from William Duff of Bracco seeing that James Chalmer, son to 
the deceased George Chalmer, toun clerk, had obtained a decreet befor 
the Lords of Session against the magistrates and toun councill for ane 
principall sum and annual rents near to 1000 Sc. founded upon an act 
of the toun councill in February, 1702. 

February 6th. The Councill give 20 Sc. as a contribution to the 
harbour of Banff. 

The Councill haveing receaved repeated complaints against Mr. John 
Porteous, master of the Gramar School from the parents of the children 
that are his scholars for not attendance of the said school under his 



424 RECORDS OF ELGIN. [1727- 

charge and he being called to this complaint he refused, at least delayed, 
to come, therfore the Councill declair the Gramar School of the said 
burgh vaccant after the first day of May next and immediately therafter 
the said Mr. John Porteous appeared and gave in ane demission of his 
charge of the said Gramar School and the Councill appoint the Magis- 
trates to writt to Edinburgh and putt in the advertisement of the Dailly 
Courrant that the Grarnar School of this burgh is vaccant after the first 
of May next and to invite ane qualified person to the said office upon 
promise of all encouragement. 

February 2Oth. Baillie Anderson on i8th inst. receavedane mittimus 
signed be Colonel William Grant of Ballandallach as ane Justice Peace 
of the shire of Elgin for receaveing the body of John Sim, sometyme 
merchant in Keith, for the alleadged crimes mentioned in the mittimus. 
The said John Sim was receaved prisoner in the tolbooth upon the 
1 8th inst. 

March I3th. The room in the wester end of the tolbooth and second 
storic therof to be made ane new Councill house. The magistrats to 
contract with masons therefor, the price not exceeding 200 merks. 

The Councill being informed that severall of the herittours of the 
Mosswards of Elgin and other country people doe make highwayes and 
footroads through the crofts of Elgin leading to the saids wards ordain 
that no roads be made through said crofts under the penalty of five 
punds Scotts and furder wheras the high way leading from the School- 
wynd towards the lands of Cattaills is wasted and cutted which renders 
the same uneasie for horses and carriadges the Toun Council discharges 
any person from cutting or hollowing of the said road under the pain of 
five punds Scotts. 

April I7th. Baillie Gordon having returned from Edinburgh pro- 
duced the toun's charter under the great seall with the seasine following 
theron which had been produced in the proof before the Lords of Session 
'twixt the toun and Greenhall. 

April i/th. The Councill appoint the Magistrates to commune with 
workmen anent the carrieing of the stones from the west side of the 
harbour of Lossie to the east side therof and cleaning the channell of the 
watter and the loose stones therin. The Councill (at least the majority 
of voices) allowes James Watson, bellman, four pounds starling for his 
pains in keeping and dighting the tolbooth and kirk clocks for these four 
years past. 



1727.] TOWN COUNCIL MINUTES. 425 

Decreet arbitral betwixt the Magistrats and town Councill and John 
Sutherland, elder and younger of Greenhall : At Edinburgh 28th March, 
1727. Captain Robert Urquhart of Burdsyards and William King of 
Ncwmiln, arbiters for the town council, Joseph Brodie of Milntown and 
John Ross younger of Blackballs, arbiters for John Sutherland, elder and 
younger, relative to ane large green which lyes on the north side of the 
burgh of Elgin, opposite to the vennell or wynd called Lossie or Carman's 
wynd, bounded at the west with the inhabited houses of the lands of 
Burrowbriggs, at the east with the lands of Harvieshaugh, at the south 
with the old run of the water of Lossie, at the north and north west with 
the dam and damhead of Bishopmiln. The magistrals declared that 
they as superiors of the lands of Blackfriarshaugh and one aughteen part 
of the Grieship lands were content to receive John Sutherlands of Green- 
hall as their vassalls upon payment of one year's rent conform to the act 
of parliament. The saids arbitrators having likeways viewed and several 
times perambulated the contraverted greens and after great pains, serious 
consultation and mature deliberation they unanimously decern and ordain 
the said John Sutherland, elder and younger, to deliver to the toun 
councill and their successors and the burgesses of Elgin in all time 
coming a perpetuall attolerancc and right of servitude upon Lossy Green 
adjacent to the laboured lands of Burrowbriggs at the east, north and 
northeast as the same has been this day marched with 13 march stones 
with the letter E for Elgin on the east side and with the letter G for 
Greenhall on the west side of ilk one, beginning on the south side of the 
said green opposite to the west side of the Lossy Wynd in a parallel line 
with the east gavell of the kiln which belonged to Matthew Muir, square 
wright and near the old run of the water of Lossy where there is 
presently ane standing pool of water, from thence to another stone 
northward and so from stone to stone of the forsaid number north and 
northwest until the place where the I3th stone is planted. And we 
decern and ordain that all the ground eastward of said stones shall 
belong to the burgesses of Elgin under the servitude aforesaid and that 
the said servitude and attolerance be granted to them for washing and 
drying their wool, linnen, skins, and steeping the same in the water of 
Lossy adjacent to the said bounds. Also we decern that the said John 
Sutherland his heirs and successors in the lands of Burrowbriggs nor 
their tenants shall never plough or labour or turn into corn ground, cast 

E 2 



426 RECORDS OF ELGIN. 

faill or divot or make middens upon any part of the said bounds to the 
east and northeast of the said march stones. Also we ordain that there 
be a highway and cartroad to the south of said first march stone of three 
elns breadth or thereby from the first march stone to the stank or ditch 
where the old run of the water of Lossy was turning by the west side of 
the kiln belonging to the successors of Mathew Muir and leading to the 
kilns on the north side of the said burgh belonging to James Stewart and 
Kenneth M c Kenzie, late baillies, and the burgesses to have right to use a 
high way leading from the foord of Lossy called Murraystown's foord to 
Ragg's wynd. And the Toun Councill to pay annually to John Suther- 
land and his successors five merks Sc. for said servitude and attolerance. 
And we dcccrn the Town Councill to receive the said John Sutherlands 
as their vassals in the Blackfriar hauch and ane aughteen part of the 
Greiship lands of Elgin with the mossward therof for payment of the 
same duties and in the same manner of holding which the said John 
Sutherland's authors held the same of the toun of Elgin. And we decern 
the said John Sutherlands to pay to the said Magistrates of Elgin 36 
Sc. as ane composition for their entry. And we decern the Magistrals to 
pay to the saids John Sutherlands 36 53. Sc. as the price of the corns 
which grew on the said green crop 1725 which were cutt down and 
carried of by the said Magistrats from the forsaid greens but allows the 
saids Magistrats to get payment from John Dunbar of the price of said 
corns at the rate they were sold to him at a publick roup. 

May 29th. The magistrates subscrive ane contract with Mr. Alex- 
ander Stewart, sometyme schoolmaster at Edinkillie, now governour to 
Auchluncart, to be master of the Grammar School and that for three years. 

June 1 9th. In respect the Gildrie have lately purchased from James 
Fraser the lands at the southwest end of the town called St. Kathrine's 
crofts and there being some green ground on the north side of the said 
croft capable of improvement the Councill authorize the gildrie to till 
and improve the said piece green ground and to march the same with the 
high way leading by the lands of Bilbohall to the toun provydeing they 
preserve ane highway of fourtie foots of breadth leading to the toun 
betwixt the saids lands of St. Kathrins at the south and the aughten 
part land of Elgin at the north. 

July 2oth. The Provost and remanent members of the Toun Councill 
did all take and swear the oaths of Allegeance and Abjuration and 



1727.] TOWN COUNCIL MINUTES. 427 

subscrive the same with the Assurance to His Majestic King George the 
second. 

A stent to be made on the heritors of the Greeshop lands of Elgin as 
the watter of Lossie is encroaching and like to encroach furder upon the 
aughteen part lands to the great destruction therof. 

September pth. Election of a Parliament member for the Burghs of 
Elgin, Banff, Cullen, Kintore and Inverurie. The haill commissioners 
agree that whoever be chosen he ought to serve gratis and not to burden 
all or any of the burghs he represents with any commissioner fees. 
William Stuart Esq. Remembrancer of Exchequer, who is a burgess of 
Elgin, is elected. 

September i8th. The Toun Councill this day sign a charter in favour 
of John Sutherland, elder and younger of Greenhall, of the lands of 
Blackfriarhaugh and ane aughten part of land of the Greeshop lands of 
Elgin and half ward belonging therto, lately belonging to the deceast Sir 
James Calder of Muirtoun. 

October pth. It is ordered that the toun's statutes be publickly read 
over the cross on Friday next. 

Statute anent the church windows. The Toun Counsell unanimously 
enacted that for hereafter no persons young or old presume to play with 
catch ball or any other diversion at the west gavell of the high church or 
towards any part of the litle church because it destroys the glass windows 
thereof under the pain of five pounds Scots money for each offence and 
parents to be lyable for their children. 

October 3Oth. The Councill doe declair in tyme coming that the 
master of the Grammar School and his scholars ther attendance from 1st 
November to 1st February yearly begin at nyne aclock in the morning 
and to disolve the school at twelve aclock in the forenoon and from two 
aclock to five in the afternoon but prejudice of any emoluments of candle 
that formerly use and wont were payable to the schoolmaster be continued 
and that the schoolbell be rung everie day at six aclock in the morning 
to advertise the inhabitants of the ordinary tymc of day to warn ther 
servants to ther work. 

Iron stenchens or barrs to be put in the windows of the Bedhouse loaft. 

George Innes of Dunkinty petitions the Councill for payment of 400 
merks Scots with annual rent he borrowed for repairing the big bell in 
the church steeple in terms of Act of Councill, September, 1714. 



428 RECORDS OF ELGIN. [1728. 

December i8th. The bond granted to Bracco for 1000 Sc. dis- 
charged. 

1728. 

January 8th. The magistrals to commune with a boat wright to 
make a small boat or lighter for carieing the great stones that are lying 
in the mouth of the River of Losie hard by the pier from the west side 
of the watter to the east side therof. 

The Dean of Gild to enquire if the stoups in the toun are agreeable 
to the Stirling jug. 

February I2th. The provost presented a discharge from Colonell 
Campbell, late representative of this burgh in the two last parliaments of 
all his fees which he could claim of this burgh and of the expences laid 
out for obtaining the Act of Parliament anent the two pennies Sc. on 
each pint of ale. The Councill ordain that so much of the moneys 
arising from the duties of the two pennies on the pint as are necessarie 
be laid out for improving the harbour of Lossie. 

March i6th. Election of a Parliament. Colonel Patrick Campbell, 
burgess of Elgin, chosen, William Stuart Esq. having elected to serve for 
the Air burghs. 

The magistrats bargain with Alexander Falconar at Findhorn for a 
lighter with a burden of 30 bolls for ten pound Sterl. and a guinea of 
price. 

April 8th. The Council approve of a scheme for doing something at 
the east side of the water mouth of Lossie for making ane experiment of 
deepning the channell of the river and saving the harbour from east, 
northeast and southeast storms, that John Ross, elder, mason in Elgin be 
principal master mason and contractor about the scheme and that he 
have 1 8s. Sc. per diem for meat and wages, that James Duncan, merchant, 
be grieve over the said work and have also i8s. Sc. for meat and fee and 
that four or five quarriers and eight or ten barrowmen be dayly imployed 
in the said work at reasonable rates and that the whole expense of this 
work be payd out of the two pennys on the pint ale. 

The Counsell considering that it is absolutely necessary for fitting up 
the new Councill chamber to provide at the publick charge two dozen of 
chairs of Russia leather one of each dozen to be ane elbow chair and 



1728.] TOWN COUNCIL MINUTES. 429 

that the wood for strength and durableness in the frame of the chairs be 
of oake and considering that there is very shortly ane opportunity for a 
ship goeing from the Murray Firth to Dantzick, Doe impower the Magis- 
trats to commission for as much hydes of Russia leather as will cover the 
said chairs and as much oake or knappell wood as will make the frames 
thereof. 

The contract with John Ross anent Lossiemouth [here inserted in 
full] signed and alteration made so that John Ross as master mason be 
allowed 2os. Sc. per diem. He engages " to splitt, rive or cleave such of 
the stones on the west side as are so large that they cannot be carrycd to 
the east side of the river," and to cleanse or dight the channel of the 
river from the outmost point of the west side or pier to the west gavell of 
Roscommon's house. The quarriers to have tos. or I2s. Sc. per diem 
and the barrowmen 6s. or 75. Sc. dayly. The toun Councill to supply a 
lighter, two dumcrafts, a quarrie mell, hammers, gavelocks, picks, 
barrows, &c. 

June 1 7th. The Councell doe agree that each of their number by 
turns doe goe and visit the work at Lossiemouth upon ther owne charges 
and that twice a week, Wednesday and Saturday, the first to take his 
turn to be the provost and so on till it goe through the whole Councill. 

August 5th. The magistrals represented to the Councill that James 
Tylour, James Miln, James Cuming and Francis Peerie, lately the toun's 
four officers did upon the 26th of Jully last most obstinately refuse to 
put in execution the magistrals ther sentence against George Guthrie, 
post, by putting him in the joggs after they were required by all the 
magistrates so to doe and therfore the Councill for the said gross mal- 
versation in ther office doe degrade all the saids four officers and 
discharges them in all tym coming to exerce that office and appoint four 
new officers. 

October 28th. The Councill upon a petition from James Ogilvie now 
of Pettinsear allow him to lead, win and away take 100 load of lime- 
stone furth of the muirs belonging to this burgh for the use of the lands 
of Easter Pettinsear and that for the space of one year provideing he 
sell none thereof. 

The Councill appoints all those who have work horses in the toun to 
assist with their horses, servants and kelochs for makeing up ane highway 
which leads from the south side of the toun through the lands of Cataills 



430 RECORDS OF ELGIN. [1729. 

ay and whill the said road be made sufficient for horses and carts under 
the penalty of 6s. Sc. money for each yoaking. 

November i8th. The four Hearses in the High Church of this 
burgh haveing been lately repaired by order of the Magistrals and Toun 
Councill the Councill agrees that the reparation of one of the said 
hearses which lyes next to the gildry loft be payd out of the gildry 
thesaurie that the reparation of the other two hearses to the westward of 
that hearse be payd out of the common good, that the westmost hearse 
next to the Hammerman's loft be repaired at the expence of the Kirk 
Session of Elgin. David Falconer, pewterer, was the workman employed. 

Anent the accusation by James Duncan, supervisor of the work at 
Lossiemouth against John Ross, master mason of that work, the Toun 
Councill find that John Ross had not acted fairly to the toun by detain- 
ing the workmen's wages and by putting a part thereof in his own pocket 
and by using the toun's wages to his own private work and by not 
duely fixing the beacon on the east side of the river. 



1729. 

The burrow lands belonging to Robert Innes, merchant, lying upon 
the south side of the burgh "are presently waste and ruinous to the 
prejudice of the ornament and beauty of the street of the town." The 
Councill appoint intimation to be made to Robert Innes and James Innes 
of Inchtcllie, a creditor, to repair said lands within year and day or the 
Toun Councill will roup them in terms of Act of Parliament 1672. 

April i4th. The deccast William Duff of Diple who dyed in May, 
1722, having by a verball order desired William Duff now of Bracco, his 
sone, to give 1000 merks Sc. for mantainance of one decayed merchant 
of Elgin Bracco agrees to mortify 13 crofts which his father purchased 
from Mr. John Annand amounting in yearly free rent to 44 Sc. The 
Councill appoint James Innes, baillie, to go to Banff to have the morti- 
fication compleated, and Baillie Innes in going to Banff to purchase at 
Garmouth as much sparr wood as will be sufficient for makeing five or 
six pauls for fixing cables in Lossiemouth. The expence thereof to be 
paid out of the two pennys on ilk pint ale. [Braco's deed of mortification 
here recorded in full.] The mortification is made to the provost, bailies, 



1729.] TOWN COUNCIL MINUTES. 431 

dean of gild and treasurer and their successors. The presentee shall be 
a person of honest life and conversation and a Protestant who frequents 
the ordinances and public worship. The thirteen crofts are on the south 
side of the burgh, lying contigue, between St. Katharine's crofts at the 
west and a croft of land belonging to Kenneth M c Kenzie, apothecary, at 
the east. The yearly rent to be applied for maintenance of an honest, 
poor, decayed merchant burgess and gild brother, residenter within the 
toun of Elgin. The right of presentation to be in William Duff and his 
heirs. If no presentation be made by the patrons within six months the 
dean of gild and the managers of the Charitable Fund to nominate. 

April 26th. By appointment of the General Convention of Burghs 
held in July last a visitation of this burgh and the harbour therof is to 
be made on 8th May next by the following burghs Inverness, Dunbar, 
Forres, Nairn and Fortrose. 

Act for regulating the price of peats. The Councill considering that 
the inhabitants of this burgh are grivously extorsd by the sellers of the 
peats in the publick mercate within the burgh, Therefore they appoint 
the magistrats and Toun Councill by turns by two and two to visite the 
said peat mercate every laufull day of the week and to rectify the prices 
of the said peats. 

June 2nd. The Council agreed that the harbour at Lossiemouth be 
carried on this summer according to Mr. McGill's plan by carieing stones 
from the west to the east side of the river, that James Duncan, merchant 
in Elgin, be grive of the work and that he have i8s. Sc. per diem, that 
two quarriers be at first employed and then alse many more as shall be 
necessarie, that twelve men be employed at low waiter to carrie the 
stones with barrows and at high water to work with the lighter and the 
boat, that countrie horses be hyred to carie over the stones in cartloads 
and that the collector of the two pennies pay the weekly wages. 

The Council feu a part of the muir besouth the Cattaills Dr. Patrick 
Stuart to pay .1 os. 3d. Sc. yearly feuduty, Provost Innes 15/5 Sc., John 
Duff 1 45. 4d. Sc., they having petitioned for parts of the muirs 
adjacent to their possessions of the Cattaills, consisting to each of 100 
Scottish elns square from east to west and from the dyke circulating the 
Cattaills at the north to the ditch casten at the south. Dr. Patrick 
Stuart is heritor of the part of the Cattaills at first feued to David 
Bremner, James Innes is feuar of a part of the Cattaills on the south of 



432 RECORDS OF ELGIN. [l?29. 

the burn of Tayock which was originally feued by the toun to David 
Bremner and which the father of the said James Innes purchased from 
him. John Duff, merchant, is heritor of the part of the Cattaills 
originally feued to William Paull, merchant, and by him disponed to 
William Ross, merchant, and by him disponed to James Anderson, 
Commissary Clerk of Murray and by James Anderson conveyed to John 
Duff, breadth of this part being 180 Sc. elns. 

May ipth. The keys of the prison where McKintosh of Belvaden 
lies are delivered to Baillie Cramond. [He continues in prison till 4th 
October, 1729, at least] 

July 28th. The Royal Burrows at their last Convention gave 20 
Starling to the town for the reparation of ther harbour. 

The Council! grant the petition of William Blenshell, Deacon Con- 
veener to build a new scat, dask or pew in the body of the High Church 
provided the said seat be removed when the sacrament of our Lord's 
Supper is administrate. 

August 25th. The Councill considering that Robert Brander, one of 
the toun's officers hath been guilty of ane gross malversation in conniving 
at the escape of James Malcomb, who was committed to the tolbooth of 
Elgin for theft and shop breaking doe immediately degrade the said 
Robert Brander from his office and ordains the Toun's livery with his 
Halbert and Broad Sword to be taken from him. 

[Charters of a part of the muirs in favour of Provost Innes and John 
Duff here recorded in full.] 

October 27th. Upon a complaint made against Mr. Stuart, school- 
master, for neglecting his charge it is ordered that there be a visitation of 
the Grammar School made be the Magistrats and minister. 

The Councill unanimously find that there is no use for a Doctor to 
the Grammar School after Mertimes next because of the paucity of 
schollars and therefore rescinds the act of Councill allowing a sallary to 
the Doctor after that day. 

The keys of the prison where Donald Ross and the gipsys are were 
delivered to William Geddess. [A month later still in prison.] 

It is ordered that the four Baillies goe once this week through ther 
severall quarters of the toun and take up lists of the inhabitants and to 
inquire anent what idlers and other loose persons live about the toun and 
report. 



I73O.] TOWN COUNCIL MINUTES. 433 

November roth. The Baillies presented lists of the severall inhabi- 
tants within this burgh differencing the characters of those who are idlers 
and have no Testimonials and have no honest way of living. It is 
ordered by the Councill that every Baillie in his quarter does prosecute 
those Idlers, people who want Testimonials or who cannot show any 
honest way of living and punish them according to law by fining, 
confining or expelling them out of the toun and that such of the burrow 
heretors who have sett them any houses be fined conform to the toun's 
statutes. 

November 29th. James Fraser, sheriff clerk of Murray, gave in a 
petition to the Toun Councill bearing that whereas in the month of 
September, 1714, he was settled conjunct Toun Clerk in place of David 
Stewart and gave bond for 500 merks Sc. for the price of said office, that 
his said office have been vacant and he deprived thereof in the beginning 
of the year 1717 he reaped little or no benefitt by the office, that there- 
fore he humbly demitted any little he could claim thereto and therefore 
craved that the Toun Councill would be pleased to discharge his bond. 
The Councill doe find that the rouping of the office of the Toun 
Clerkship was derogatory to the freedome of choice which the Toun 
Councill ought to have in electing their clerks and therefore discharge the 
said James Fraser of the said sum of 500 merks and bond granted there- 
fore and of the haill rents due thereon. 

December i5th. The 1000 merks mortified by Alexander Dick is 
voluntarily borrowed by Baillies Cramond and Wilson and Conveencr 
Dick because no other debitor could be found and least the poor should 
loose the @rent. 

1730. 

January 5th. Gift from the Exchequer of the fourth part of the whole 
stipend of Elgin of crop and year 1729 vacant by the transportation of 
Mr. Charles Primrose for behoof of the toun, to be applyed be them for 
reparation of the Little Kirk. The Councill agree that Provost Innes 
gett the bear of the vaccant stipends at 8 merks Scotts per boll. 

February gth. The Councill enact that the vacancy in the Grammar 
School be setled by a comparative tryall before the presbytery of Elgin 
and publication be made of the tryall upon a Lord's day at least a month 

F 2 



434 RECORDS OF ELGIN. [l73- 

previous at the parioch church of Elgin, the six adjacent pariochs and at 
Forres, Nairn, Inverness and Aberdeen. 

March i6th. Captain Avers sends a letter that he will wait of the 
magistrates and view the harbour of Lossiemouth and give his advice for 
ane plan theranent. 

James Hatmaker, glover, admitted a toun's headman, in room of 
William Ingland, deceased. 

A letter written to William Forbes, the toun's agent, to advertise the 
comparative tryall for a master to the Grammar Schooll in the newspaper 
called the Caledonian Mercury. The Council! grant warrand to George 
Wilson ther Hospitall Master to buy three chists of glass for glassing of 
the vindows of the Little Kirk out of the gift by the Exchequer. 

Alexander Philp nominated by the Toun Council to be one of 
Pittulie's four pensioners in room of William Douglas, merchant. 

June sth. The Councill subscrivc anc precept of clare constat in 
favours of Joseph Brodie of Milntoun as heir to the deceased Francis 
Brodie of Inverlochtic his father upon that part of the Greens of Mos- 
towic belonging to him and holden few of the town. 

The arms of G. Brittain sett up in the Courthouse. The said day ther 
was ane piece of painting sett up in the Courthouse done be Richard 
Waitt, painter, being the armoriall armes of Greatt Brittain with the 
toun's armoriall bearings of St. Geills and the crosses of St : George and 
St : Andrew, for which the Councill orders the thesaurer to pay the said 
Richard Waitt the sum of fifteen pounds Starling money deduceing 
therfrom the sum of three pounds ten shillings Star, containt in ane 
former precept drawin be Richard Waitt payable to Janett Hattmaker 
in Invernes and ane order theron from the magistrats upon the thesaurer. 

June 2Oth. The Councill appoint James Innes, dean of gild, to be 
assessor to William Forbes, ther Commissioner at the ensuing Convention 
of Burrows, for which the Councill allow him three punds during the 
sitting of the Convention and the expence of his horse hyre furth and 
home and no more. Charter of adjudication granted to James Charles, 
merchant in Elgin, upon the piece ground at Lossiemouth wheron Mr. 
William Sutherland, third son to James, Lord Duffus, built some houses, 
19 elns in length and 6f elns in breadth. The charter contains a liberty 
of having a white fish boat at Lossiemouth. 



1730.] TOWN COUNCIL MINUTES. 435 

July 6th. The Council! enacts that there be a causeaway of peeble 
stones made at the west end of the toun where the present street ends to 
the west port, that the causeaway be 40 foot broad besides the cannals to 
be laid with the like stones for carrying away the water, that it be done 
at the expense of the respective heritors of the burrow roods at said end 
of the toun under the penalty of ten merks Sc. for each rood. The 
Councill grants every one of the heritors respective opposite to their 
burrow 4and liberty to advance their houses on both sides towards the 
cannall of the said intended street, the street being still 40 foot broad, 
besides the cannall. The toun will causea the part opposite Ragg's 
Wynd and the part opposite Pitullie's mortified lands. 

The magistrats to ride the toun's marches next week. The Councill 
order the treasurer to pay the Dean of Gild 15 Sc. for five days 
Commissioner fees and 20 Sc. for his horse hyre south and north. 

In terms of letter from the Agent of the Burrows the Magistrates 
agree to make up a list of unfree traders for prosecution before the Lords 
of Session. 

It is ordpred that for the better regulating of the mercates of the toun 
and preventing forstalling that all the publick mercates (the weekly 
mercates excepted) be proclaimed ilk Tuesday before the mercate begin 
at 12 aclock beforenoon, that before that time there be nether buying or 
selling under pain of being punished as forestallers. The Dean of Gild 
is appointed to name a guard of twelve of the burgess to keep guard and 
patrol every Monday night and to continue on guard untill Tuesday that 
the mercate be proclaimed and impower the Dean of Gild to fine such of 
the burgess as refuse to attend the said guard. 

October 5th. It's ordered that none of the inhabitants buy any 
peatts, fir or other fewell or vivers without the ports till the same come to 
the open mercat under pain of being pursued as forestallers. The 
Councill considering the great darth of the peatts they appoint the 
Baillies to attend week about and regulat the prices. 

October I2th. The magistrats having got a summonds of declarator 
and redemption at the instance of William Duff of Bracco of the lands 
of Darkland out of which ^1000 Sc. was mortified to the poor the 
summonds to be sent up to the Toun's Agent. 

October 26th. The keyes of the prison wher Joseph and John 
Mclntoshes are imprisoned for ane civill debt are delivered to Baillie 
Innes. [Still in prison on /th December.] 



436 RECORDS OF ELGIN. [l73I- 

The magistrals and Councill have finished accounts with George 
Cuming of Pitulie anent the toun's intromissions with the rents of the 
mortified lands of Lyperland and Hospitall croft. In compting with 
George Cuming of Pitulie from 1703 to 1726 the toun councill are found 
due to Pitulie a balance of 1052 143. 6d. Sc. The rents of that 
balance for the years 1727-30 to be applyed for reparation of Pitulie's 
houses wherein his pensioners dwell. Paid for murning cloaths to George 
Leslie and Andrew Ramsay, pensioners, at Pitulie's death 4 I4/-. Paid 
for a painted board with gold letters in memory of Pittulie 14 l6/- Sc. 

November Qth. The Councill orders all those who hyre horses to 
lead two yoaking with ilk horse and to bring causea stones from the 
fields to the broken causea and this for the benefit of such of the heritors 
as are poor and not able to make up their parts of the said broken causea 
under the penalty of half a merk Sc. for ilk horse. 



I731- 

William Forsyth, glassier, agrees to glass with new glass, lead, wire 
and iron glass bands the whole windows of the litle church for 108 Sc. 
out of the vaccant stipends cropt 1729. 

January i8th. Mr. James Stuart, eldest son to Mr. Francis Stuart, 
only brother now in life to Lord Charles, Earl of Murray, received by the 
Council! as their vassall in the lands of Uivilicgreen, two Kilncrooks and 
dreich of Pettindreich resigned by the Earl of Murray to the said 
James Stuart. 

February 22nd. Act anent Ike by breivers. The Councill haveing 
considered a grievance and complaint given in by those that are publick 
brewers in the town who are duely entered in the excise office and who 
pays the King's revenue of excise with the petty impost of the town and 
bear the only burden of quartering souldiers against a great many by 
brewers who bear none of these burdens and defraud the King and the 
town of the dutys of malt and liquor brewn sold and retailed by the said 
by brewers as also considering the danger the toun is frequently exposed 
to by these by brewers brewing in the night time doe therefore enact that 
for hereafter no person presume to brew for sale any ale or spirits within 
this burgh except upon these conditions: (i) That the person brewing 



1732.] TOWN COUNCIL MINUTES. 437 

for sale be a burgess and licensed by the Magistrates (2) That the said 
licence be entered in a record kept by the Town Clerk, the fee being 6/- 
Sc. (3) That applicants be such as can quarter two souldiers (4) Contra- 
veners to pay 10 Sc. &c. 

March I5th. William Paull, one of the town's officers, degraded for 
several faults and transgressions and his liverie coat, halbert and broad 
sword taken from him. 

The Council! discharge all strangers from casting peatts in the toun's 
mosses besouth the toun and that no inhabitant or burges presume to 
cast therin without ane warrand from the Magistrates. 

Darkland's .1000 Sc. which is to be paid up by Bracco, is to be lent 
to Sir Harie Innes and Laurence Sutherland, merchant, Elgin, jointly, 
also the 1000 merks Sc. mortified by Alexander Dick to be lent to them. 
The sum of 100 merks (66 13$. 4d. Sc.) was appointed to be distri- 
bute upon Darkland's buriall day, to be paid proportionally by Elgin, 
Birnie and Longbride. 

July i Qth. The moss and marches of Mostowie to be visited upon 
Saturday next, the burgesses to be advertised to attend under the penalty 
of .5 Sc. each and twenty four march stones to be provided for making 
a march betwixt the moss and the arable lands. 

August gth. The Council agree with Kenneth Sutherland, wright 
and glasier, to keep the windows of both churches as to the glass work 
and weir work tight and in repair whole and inteer for seven years for 
18 Sc. yearly, payable in the first place out of the penalties of the 
church delinquents and if that fund faill to be paid out of the toun thesaurie. 

The Town Council grant liberty to take as much limestone out of 
their muirs as will serve for reparation of some bittcrages for support of 
the church of Longbride and that upon the application of John Duff, 
factor for Bracco and James Ogilvie of Pettinsear, two of the heritors. 

August gth. The Toun Council vote that the work at the east pier 
of Lossiemouth be discontinued this season because of some faults com- 
mitted by David Paull, the overseer. 

1732. 

January I7th. The Councill considering the great hazard houses 
within burgh are exposed to by haveing gunpowder in shops or fire- 



438 RECORDS OF ELGIN. [l73 2 - 

houses or any other place wher fire lights arc carried, Therfore the 
Councill enacts that for hereafter no tradeing merchant or others keep 
gunpowder in firehouses or shops within this burgh or other places wher 
fire lights are carried to under the penalty of fiftie punds Scotts and that 
the magistrats yearly search for lint and powder within firehouses and 
report the contraveeners and appoints this act to be intimat to the 
inhabitants be tuck of drum. 

The Dean of Gild has the keyes of the iron door wher Gilzean, 
prisoner, lyes. 

January 3ist. The Councill considering that the late town officers 
pretend thcr is ane great deall resting them of thcr fees out of the 
penalties due by the furnicators within the Parish of Elgin and that for 
hereafter the collector of the penalties is appointed to pay the toun 
officers yearly what is due them out of that fund and to take discharges 
and not partiall recepts to avoid confusion. 

The keys of the prison given to Baillie Duff where the incendaries 
lye [still in prison 2 1st February]. 

March 2Oth. The keys of the prison and pitt wher John Innes, 
criminal, lyes are delivered to James Miln, one of the Councill. 

May 22nd.- The guagers pretend they have not seen the Act of 
Parliament imposing the duty of two pennies upon the pynt of any ale 
that is sold for three shilling or four shilling the pynt and upwards in 
favour of the town. They are required to make a return of the duty due 
to the town. 

July i /th. The magistrates report their riding of the marches with 
the inhabitants and that the tenants of Mostowie and Hillside transgress 
the town's statutes by selling peats to others than the inhabitants of the 
burgh. The magistrates find that Dr. David Brodie, heritor of Main 
and his tenants incroach upon the Crooked Moss near the Duffus Hillock 
to cast peats and win fir. 

[Sett of the Burgh of date I5th September, 1705, here recorded.] 

October 3Oth. The Councill appoints Robert Duff, late tresaurer, to 
give up to Thomas Purse, present thesaurer, the mortcloths and silver 
communion cups. The magistrates are appointed to attend upon the 
ordinary mercate days for selling of peats and regulate the prices of 
peats when they are extravagant. 



I734-] TOWN COUNCIL MINUTES. 439 

November 27th. John Sutherland of Greenhall and Laurence 
Sutherland, merchant in Elgin, give a bond to the magistrates for 
720 Sc. which money was lent them out of the money arising from 
the impost of the two pennys in the pint ale within the burgh. 

December i8th. Bond be Sir Hary Innes of Innes and John Innes 
of Leuchars for 600 Sc. The money was lent out of the fund arming 
by the two pennys on the pint ale. 

1733- 

March 26th. The toun's aughten part set for 22 Sc. yearly, the 
toun's four butts for 5 75. Sc., the School acre 24 135. 4d. Sc., the 
Goose crook .13 Sc., the shambles maills 38 135. 4d. Sc., and the Horse 
Post Office i 8 Sc. 

July 9th. The Council! to treat with James Brown, watchmaker, to 
keep the tolbooth and kirk clocks which arc not exactly keeped by James 
Watson, beddall. 

The Councill consider that ther ar a great many idle persons liveing 
in town that are not able to bear any publict burden by paying of cess 
or quartering of souldiers and that never were burgesses or obtained the 
freedom of the town. The bailies to prosecute such idle persons before 
the Town Court as unfrce traders, idlers and such as have no maner of 
liveing. The four officers to receive one shilling Sc. for each vagrant 
beggar they incarcerate in the tolbooth. 

[Darkland's Mortification. The accounts of Elgin with each parish 
(Urquhart, Birnie and St. Andrew's) for 1715-31 here all recorded in 
detail. Date of the 1000 mortification, 1698.] 

Double of a disposition by Charles Gordon, merchant and bailie in 
Elgin in favour of Alexander Gordon his eldest son and his younger 
children of date I3th November, 1730. He mortifies to the poor of 
Elgin 300 merks. Patrons the Magistrates and ministers of the burgh. 



1734- 

January 7th. Several idle persons having broken into shops and 
houses within the burgh the magistrates offer a reward of a guinea for 
information leading to a conviction. 



440 



RECORDS OF ELGIN. [1735- 



March 4th. Bailie Innes to have 1000 merks Scots in loan out of 
the moneys arising from the fund of the two pennies on the pint ale laid 
by Act of Parliament. 

June 3rd. The Council to intimate through the town be tuck of 
drum that whoever serves cheapest in collecting the two pennies of the 
pint is to be preferred. 

June loth. Thomas Purse is appointed at a salary of 8 53. Stg. 

August 1 2th. The Comitie reported that they hade compted with 
Dunkinty and hade payed him and gott up his discharge for 400 merks 
Sc. of principal! as the price of the kirkbell and 281 us. Sc. as the 
@rent therof from the term of Lambas, 1713. 

September 23rd. The Hospital Master's Accounts include (i) Innes 
Mortification, (2) Pitullie's Mortification, (3) Dark-land's Mortification, 
(4) Alexander Dick's Mortification, (5) Bailie Gordon's Mortification. 

December 2nd. Robert Duff [and five others] managers for the 
Guildry's Charitable Fund received by the Town Council as their vassals 
to the two aughten parts and grass land belonging therto formerly 
belonging to Robert McKain, merchant, and by him disponed for behoof 
of the said Charitable Fund. 



1735- 

January 7th. The Council resolve to appoint a Quarter or Billet 
Master the four baillies having represented that the billeting of the 
souldicrs was very troublesome to them and diverted them from their 
private business to their great prejudice. James Fenton appointed billet- 
master at 3 Stg. yearly. 

January I3th. The Council! appoint Robert Duff, Dean off Gild, to 
gett and make up ane exact list of the mercats that are holden within 
this burgh and that he transmitt the same to Aberdeen to be insert in 
the yearly Almanack and to pay what is reasonable for inserting the 
saids mercats in the Almanack not exceeding a guinea. 

February 24th. Roups : Old Yards 503. Sc. yearly for three years, 
Vault under the tolbooth 4 Sc. yearly, the Town's Hospital Crofts 
20 155. Sc. beside the teind there 3^ of the said crofts, the Lyperland 
104 Sc. stock and tcind, the Shooting Acres 83 ics. Sc. stock and 



I73S-] TOWN COUNCIL MINUTES. 441 

teind, the Vault under the Little Kirk g 133. 4d. Sc., and Pitullie's 
Hospital Croft 57 merks 33. 4d. Sc. stock and tcind. 

July I4th. Such of the inhabitants as keep swine must keep them in 
close houses and not allow them to goc through the town yards or corn 
or they will be prosecuted. The town's officers to take up the swine and 
put them in the shambles. The officers also to take up all vagrant 
beggars and put them in prison. 

July 28th. The Council! find that the thatching of houses with 
heather within the closses of the town is most dangerous when any 
accident of fire happens within the town, therefor they appoint these 
that arc thatching with heather ther houses that they presently take of 
the said thatch and that none within the burgh presume to doe the same 
in tym coming under the penalty of ten punds Scotts.* 

August 25th. The Council to agree with John Laurie, mason, or any 
other mason anent the building of stone bridges at Cayesbridgcs and 
winning of pen stones for the pens. 

The Council appoint the drumcr to goc and beat with his drum 
evening and morning. 

September 29th. The Council! rccomend to the baillics to search the 
whole town that ther be no lint in privat houses to prevent fire and to 
inquire who recepts vagrants, sturdie beggars and other idle persons and 
to fyne the recepters. 

October 2Oth. A town's guard to be appointed from ist November in 
respect that there is no regular troops presently in town. As there are 
none of the King's troops lying in this burgh the quartcrmastership is 
void and the baillies are to quarter the transient soldiers. 

December ist. The Council! appoint James Russell, mason, to pay 
is. Sc. yearly of feu duty for the liberty of building a stair opposite the 
musick school. 

The magistrates having perambulated the fculands about Lossicmouth 
holden feu of the Laird - of Brodie find only four of the nine march stones 
and they are of opinion some incroachments have been made. The 
matter is deferred till the Lord Lyon returns to the country. 

The Council appoint James Brown, watchmaker, as keeper of the 
two publick clocks for three years at 5 stg. yearly. 

* Cf. p. 365,