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.

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

,t&C VWf l '&

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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

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

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

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

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

-*=s?

it.

n*n /^tfm non- u

^_^ v

rtftamt

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

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.

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

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

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.

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,

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.

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.

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

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.

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

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.

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

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

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

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 *

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.

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

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, " Extracts from the Records of the Burgh of Aberdeen, " 28th June, 1716. The
Magistrates of Aberdeen prohibited the thatching of houses with straw and heather under the
penalty of 50 merks Scots.

. G 2

442 RECORDS OF ELGIN. [l73 6 -

1736.

January 26th. A piece of the waste muirish land south of the Cattails
feucd to James Warden. Reddendo to the town yearly 20 merks Sc.

March ioth. The town's marches with Main and Link wood ridden.
Some incroachments found in Main.

April 3rd. The town's treasurer is appointed to pay the town's
common servants out of the penalties.

May i;th. The Marywell grass rouped for 13 135. 4d. yearly for
3 years.

May 3 1st The Councill appoint the magistrats to make out ane list
of persons for guarding the mercat to prevent any abuses or disorders
that may happen either this night, Tuesday and Wednesday, being the
tym of the mercat and that the number of persons who are to guard each
night doe not exceed 12 or 16 in case the magistrats doe not find thcr
happen a necessity for more.

August 2nd. The Councill being informed that Mr. Adams the
Architect is to be very soon at Innes House the Councill appoint the
Magistrates to wait on Mr. Adams and take his advice in relation to the
building a spire on the steeple of the Church of Elgin.

Accounts of the Collector of the two pennies upon the pynt 25th
March, 1735, to 25th March, 1736: charge 56 i8s. gd. Stg., Discharge
33 173. 4d. Stg.

August 7th. The magistrats having ridden the town's marches and
that of the lands of Mostowie find that the tenants of Leggat had casten
peats in the Moss of Mostowie and that Lord Bracco's tenants had made
some incroachments upon the south side of the moss and had laboured a
part of the same which the Magistrates saw under corn. The magistrats
took instruments of interruption.

October nth. The magistrates resolve to build a mealhouse as a
too-fall to the Tolbooth.

The baillies are appointed to draw out a list of guards in the several
quarters and each baillie to search houses f