THESE selections are in the
first place burgh, made from a court-book in the town-house of Arbroath,
very carefully written in the old character, and extending from Michaelmas
1563 to 1575. The entries here given are only specimens of many others of a
12 November 1563.—The quhilk
day Magy Thornton, of her awin fie will., oblist her to pay vj sh to the
bailyeis and town, gyf shoe tuk in ony brandy to sell in tym to cure,
without leif of the bailyeis.
26 Nov. 1563. —The qlk day it
is found be the bailyeis and court that Richart Brown sail pass to the
chapell the morne, and ask Jonat Cary and Jhon Ramsay her son forgyffness
for calling her ane shoe witch, and him ane he witch; and the said Jhon
Ramsay sail ask the said Ricliart forgy$anes for calling him theif carll.
2 Jan. 1563-4.—The qlk day it
is fund be the assys aboue writyn that Jonat Carynton the spous of Robert
Spynk, Jhon Spynk her son, and Agnes Spynk her douchter, his down wrang in
the trubling of Tybbe Boury and Jhon Stewart her servand; and lykweyes the
said parsons ar fund in the wrang for the trubling of Mage Henderson; and
the said Jonat, Jhon her son, and Agnes her dowchter, ilk ane of them, ar
amerciat for the trubling of the said Tybbe, Jhon, and Margreit, and dowin
gyffin thairvpon.—Decernit be James Pekyman, chancier.
The qlk day Nyniane Hales is
cum lawbroich for David Guthre that Jhon Spynk sail be skaithles of bodily
harm of the said David, ondyr the payn of law.
The qlk day it is decernit be
the assis aboue writtyn that yf ony of the foirsaids parsonis molest or
trubill udders in tym to cunt, and be complainet, they sail pay xxi sh to be
disporiit as the bailyeis thynks expedient for the tym; to the qlk the saids
25 February 15G3-4. — The qlk
day Jlwn Cargyll and George Garden ar chosyn punders to kelp the comown
griss and corn, and sail have for ilk aker of the falds and burrow rudis of
qubeit, ry, banis, peis, and aits, iiij d; and the saids punders sail mak
the griss and corns haill at the end of the Bair seid, or fynd ane punder
thairfor, quhairthrow the man that hes sustend the skaith may be recompensit
It is statute be the bailyeis
and counsell gyf ony man mispersone ane of the townis flesh prissers and ony
uder officers in the exsecution of the office thairof, thay, be, burges or
his wyf, sal pay viij sh for the first tym, and xvi sh the nyxt tym, and say
oft as thay mak falt to be dowblit; and gyf thay be onfre, the man sal be
put [in] the stokis and the woman in the gowis for the, first tym, and gyf
they comit sick lyk again they sal be banist the town for yeir and day.
Item, that na manor of
personis have middenis upon the hyegait Langer nor viii dayis, nor stanes
nor clay langer nor yeir and day, onder the payn of viij sh.
It is stated and ordainit
that thair be nae mercats upon the Sabouith day befoir aucht hours, noder
flesh nor uder merchandeis, on the pain of viii sh.
2 June 1564.—Nyniane Clement,
minister, is made Ire and burgess, and hes maid the aith to the town, as use
is, and sail pay the spyce and wyne to the bailyeis and counsall.
26 June.—David Ferror is
amerciat for falt of presens to ansuer for braking of the common statute in
balding of tuitherds, and down gyffyn thairupon.
27 July.—Anent the day
assignit to Jhon Hales to enter Alexr. Paterson, burges in Dundee, for the
wrangous braking of the mereat eors of this broich, and way-taking of ane
part of the w ark of the samin, comperit the said Jhon Hales and aleggit the
said Alexr. Paterson to be passet to his merchandeis fourth of this realm,
and desyret the bailyeis to assign him ane competent term to present the
said Alexr.; at quhais request the bailyeis assigriit the sext day of
October nyxt to cum to the said Jhon to enter the said Aiexr, onder the payn
of xl lib., conform to the act maid thairupon befoir; and gyf the said Alexr.
comperis not the said day the said Jhon Hales obleist him as afoir, gyf the
said Alexr. be within the realm to enter him within the tolbuith of this
broich, he beand warnit fourty dayis of this be the bailyeis and officers,
and day assignit thair to, how soon or quhat tym he be requirit. [This entry
is deleted in the original record.]
28 July.—The qlk day comperit
George Halis and said in jugment gyf ther wes ony sik thing as ane witch
Jonat Lam wes ane, and James Davis affirmet the samin ; and the bailyeis
descernit the said mater to pass to ane assize this day xv dayis. [The trial
did not take place.]
2 September per David Peirson
and William Scott. --Willyam Crysty is amerciat for braking the comon
statute, sellyng his aill derrer na iii d the pynt, and dowm gyffyn
The qik day Willyeam Crysty
maid the aith in jugment that he dreids bodelye harm of Willyeam Scott,
bailyie, and desyrit law bowrowis of hym ; and David Peirson, bailyie, stud
gude for his. coleig, that the said Willyeam Crysty suld sustan na harm be
the said Willyeam Scott.
Curia capitulis burgi de
Arbroithok tenta in pretorio ejusdem per David Peirson et Wm. Scott, secundo
die mense Octobris Anno Domini M. quadmo sexagesimo qto. [1564.]
The qlk day David Peirson is
chosyng bailye for the plaice [the Abbey], and Wlm. Scott for the town;
George Garden and Jhon Cargyll, officers; and John Dunlop, clerk.
6 Oct.—James Davis hes tayn
the comon firlots, custom, and ladyll, for aucht merks vij sh ; and James
Ramsay is cum caution to the bailyeis for the said viij merks.
Nyniane Clament hes tayn the
sowth buith, onder the tolbuith, for xiiij sh vi a; and David Peirson the
north-most buith, for x sh iiij d; and Sant Nycholas thre buttis of feld
land set to David Ferror for three yeirs, for three punds vi sh in the yeir.
The names of the Counsall:
Adam Peirson, Jhon Aikman, Willyeam Bardy, Patre Ramsay, Jhon Lyne, Alex.
Lyell, Jhon Halis, James Ramsay, Copyne Guthre, Nyniane Halis.
Lynars: Alexr. Lyell, Jhon
Lyne, Jhon Akman, Jhon Halis, Jhon Dunlop.
Dyikprissers: Thom. Gardyne,
Wlm. Ochterlony, Jhon Peirsone, Wat. Jak, Nyniane Yowng.
Jhon Henderson said in
jugment that David Bran is ane comoun theif ; upon the qlk the said David
Wilm. Ochterlony is cum
sourtie and lawbroich for Jhon Henderson that David Bran sal be skaithles of
hym of bodely harm, onder the payn contenit in the law.
Kepars of the keyes of the
kyst: Jhon Hales, Patro Ramsay, Wilm. Ochterlony.
10 Nov.—David Blak is electit
and chosyng maister of schuill, and sail have ten pundis of our lady
chaiplanry ilk yeir to his fe, and iiij sh for ilk fremans barn within the
town, and his wantaig of the barns without the town, sa lang as the said
David maks gude service thairfoir.
19 January 1564-5.--Comperit
Andro Fethy in Gund, and persewit Thomas Garden, burges in Arbrot, for xx sh
mony for rest of certain Bair, and referit the samin to the said Thomas aith;
comperit the said Thomas, and maid the with in jugment, and deponyt that he
wes not awand to the said Andro ane peny mony nor silver; and the said Andro
said in jugment, Be all the wordis of this buyk he is mensworne; upon the
qlk the said Thomas askit act of court.
Comperit Alexr. Wat, and
aleggit that Jonat Paterson his wyf did mony divers thyngs by [without] his
comand and counsall; and thairfoir protestit quhatever show dyd to his hurt
in tym to cum, suld not be hurt nor skaith to him; and askit act of court
3 February.—The bailye Wilm.
Scot, at the comand of the comoun counsall, delivert the . akir qlk was Wat
Nycholl's in the aid fald to David Segat; the said David payand thairfor to
the town aucht merks, and the said David oblist hym to cum and duell within
this broicb, and scott, lott, walk, and ward with them.
The bailyeis comandyt Jhon
Dunlop to gyf Andro Gib his twa potts again qlk was tayn for Sant Nycholas
an-well, the said Andro payand to James Ramsay, depositer, xi sh, qlk fourty
schelenis Jhon Hales payit to the said James.
2 March.—Anent the complaint
of Nyniane Clament, mynister, upon Jonat Boyis for myssaying hym, alegand
that lie cawsit her to part with twa barnis; the bailye and court takand
cognission in the said mater, fyndis the said Jonat's complant of nan effect
nor avayll, and the said Jonat is maid be the bailye and court to cum to the
chapell upon Sonday nyxt to cum, or gyf show may not that day, to cum ony
uder day or tym befoir the bailyeis and nybors quhow sown schow may be haill
of body, and ask the said mynister forgiffanis; and gyf schow duis siklik in
tym to cum, to be put in the gowis, and set thair fra the son riysing qll
[till] the ganging to thairof, and forder indurand the bailyeis will; and
dowm gyffyn thairupon.
17 March.—It is decretit be
the bailyeis and court that David Lychtoune in Newtown sail deliver to Jonat
Brown in Crowdy all the corns and sheip qlk ar contenit in ane decreit,
gyffyn be Nynian Hales, Jlion A man, Wlm Ochterlony, Jhon Ochterlony, and
Jhon Ledall, qlk parsonis sail conven upon sonday, and decern upon certain
claims debatabill betwixt the said David Lych-toune and Jonat Brown ; and
baith the saids parteis ar sworn in jugment to stand at the deliverans ; and
thairupon the saids David and Jonat requirit act.
In the action and caus mwfit
be Nyniane Ywong agains Rob. Croftis anent the warrandys of twa schelenis
anuell rent, clamyt be Den Thomas Fethy, master of comon, of the tenement of
land quher the said Nyniane dwellis, upon the west syd of Coipgait, qlk
tenement the said Robert said and analeit to Thomas Young, fader to the said
Nyniane, fre of all anuellis excep the kyngis mark, as his charter producit
befoir the bailycis, maid thairupon, at mair lynth proports, &c.
4 April 1565.—The sam day
James Schabart protestit that he mycht haue tym and place to call Wlm Yowng
and his spous for twa pair of schetis, ane welwet parclaith, sewyne powder
weschell, ane bucrowm apron, 16 wder dudis, gair worth twenty punds, qlk the
said James allegges by the gair that eves prisit.
11 May 1565.—Thom. Grant is
maid fro man of the broich, and hes maid the aith to the town, as us is, and
sail pay to my lord of Regy vj sh viij d.
It is statut and ordanit be
the bailycis and comunite that quhatsomever person within this broich byis
flesh fra ony fleshar and payis not the samin within aucht dayis the fleshar
sall shave to the officers, and than incontenent the officers sail pas with
the said fleshar and pund the avail of the flesh without ony calling or
jugment; and gyf the said fleshar causes pund 'wrangusly, he sail restoir
the pund agane, with viij sh to the bailyeis.
It is fund by interloquiter
and ward of court that George Bowar hes doun wrang in the myssaying of Wim
Crysty, and is ordained that the said George sail pass to the mercat cross
and ask the said WVlm forgyfanis for amendis; and gif he duis siklyk in tym
to cum to the said Wim or ony uder honest man, he sal be banist the town.
20 June 1565, (Statut of
myddynis).—It is statut and ordanit be the bailyeis and comunite that thair
be na mwk, turves, clay, nor stanis laid upon the he cawsay within four fut
to the rigging-stane upon every syde; and every man to have the cawsay Glen
ilk fyften dayis anent his heyd rowm, under the payn of viij sh, excep clay
or stanis to ane bigand, to be our seyn at the sycht of the bailyeis and
The bailyeis and nychtbours
lies commandit James Ramsay, depositur, to gif Jhon Farar, litstar, ten
punds mony of the comon gud to supple and help hym, quhill [till] God releve
the said Jhon that he be abill to pay the samin againe.
The xxvij day of July anno
1565, the bailyeis counsal and comunite of this broich, patrons of our lady
chaiplaniy at the brig-end of Arbrot, now wacand in thair hands, for just
and gud causis and yeirly augmentation of the rentell and uphald of the
bigging qlk is now rouynws, with ane consent and assent grantit and gef in
few and heretaig to Thomas Lyndsay [reader] twa ruids of land with the hous
and pertnands, pertenand to the said chaiplanry, lyand within the said
broich, upon the est syd of Newmercatgait, efter the tenor of ane charter to
be maid thairupon onder the comon seale of the town.
9 September.—The qlk day
Andro Benet said in jugment to David Saddlar, Be Goddis wounds, theif smaik,
I sail have thee stikkit; upon the qlk wordis the said David Saddlar twk
aith, and requirit the bailyeis to gyf him lawbroich of the said Andro and
Robert his broder. [Caution is found, and an assize of fifteen jurymen
The qlk day it is fund be the
assiss abwn writyn and deliverit be Thomas Gardyn, chansler, that David
Saddlar hes down wrang in the trublyng and hurtyng of Andro Benet and Robert
Benet his broder, and trublyng of the town ; and for the trublan of the town
the said David sail pass to the mercat cross and ask the bailyeis and
nyctbours forgyffnes, and gyf he dwis sik lik in tym to cum he sal be banist
the town for yeir and day; and anent the hurt and skaith down be the said
David to the said Andro and Robert Benets, the pronunciation thairof is
continuyt to this day fyfteen dayis with consent of the bailyeis that the
hurt of tham may be the better cognossit be the assis.
7 January 1565-6.—The
bailyeis, with awis of court, hes gyffyn the barters ane act that the twa
penny laif be vij once, guid and sufficiant stuff ; and the brosters sell na
derer aill nor thre pennies the pynt, onder the payn of dalyng the braid and
aill to the puyr, and viij sh to the bailyeis wha that beis convict for
brekyn the samin.
18 January.—The qlk day in
actioun and taus mwfit be Marion Ogilvy of Melgund aganis David Lyell and
David Ferror, allegit sourteis and cawtioners for the sowm of four skoir
merks mony for David Bell anent the by rown malis of the lands of
Spittelfeld, comperit the said David Bell with David Lyell and David Ferror
his alleggit cautioners, and denyit that he auch or suld pay the saids sowm
of four skoir merks, quhill just compt and rekning be maid betwix him and
the saids honorabyll lady, &c.
1 February.—Comperit Alex.
Gardyne of Brax, and desyret the bailye that he mycht have ane officer creat
in his court to execut the office of stuardry within his lands of Brax, and
presentit Alex. Hantown to be creat: at quhais request the bailye gef the
aith in jugment to the said Alex. Hantown, qa maid the aith of fydelytie
that lie svld leillelie and trewlye execut the office of stuardry within the
said lands, but faid or favor, hatrent or luf of ony manner of parson; and
the bailye deli-vent ane wand in jugment to the said Alex. I3antown to the
25 February.—The qlk day be
the awiss and consent of the bailyeis and haill counsel, George Garden and
Jhone Cargill are chosyng punders to keep the comon gyrss and corn and sail
have for ilk aker of banis, peis, quhit, ry, or aits within the comon fald,
burrow rudis and Disland, iiij d. with thair pwnlands and tedder panics us
and wont, and viij sh to the bayleis of thair gudes that breks order.
8 March.—The haill counsall
lies consentit that Mr Thomas Mekyson collect and tak up the anuellis and
malis pertenand to Sant Nycholas chaiplanry that restis ontayn up be James
Ramsay, depositer of twa yeirs bypast, and forder indurand the will of the
bailyeis and counsall. The said Mr Thomas makyn thankfull pament of three
pundis usuall moray yeirly to the depositer of the town: And lykwis Thomas
Lyndsay is chosing and electit to garder and tak up our lady anuellis and
malis that an ontayn up be the said James Ramsay, and forder indurand the
will of bayleis and counsall; and sall have four punds yeirly down of the
rentall, and mak his compt to the town of the rest.
1 April 1566.—It is statut
and ordaint be the bailyeis and nyctboris that na manner of comoun meill
sellars bald within thair house main mail nor ane firlot, and will not sell
to the nyctbours, the kepars of the said meill sal pay viij sh the first
tyme, and the secund tym to type thair fredom; and gyf he be comandit be the
bailyeis or officers to sell his meill and disobey, thay sall be banist the
town for yeir and day.
4 May.—It is thought
expedient be the bailyeis and haill counsell that every on fremans boit that
ridis in the havyn sail pay ancorag, iiij d ilk tyme.
31 May.—It is statut and
ordanit be the bailyeis and nychtbors that gyf ony bestis be fund within
cornon upon the nycht, fra the evening sky gayn tue tyll the day sky ryis,
that ilk best sail pay ij sh to the takar of the best, and viij sh to the
bayleis for thar contention.
26 July.—The qlk day the
bailyeis and counsall hes comandit Thomas Lyndsay to gyf Jhone Paramor x1 sh
of our Lady anuellis becaus he is ane puyr man ; and als hes ordanit to gyf
David Blak xl sh of the saids anuellis to pass to Edynbro to seek relief of
the queins thrids of the said chaiplanry.
26 August.—Anent the ordour
tayn for eschewyng the pest, it is statut and ordanit that na maner of
parson within this broich resauve ane stranger or out man within thair hous
day nor nycht without lecens askit and optenit of the bailyeis, onder the
payn of tynsall of his fredom and comon landis; and the brekeris heirof to
be haldyn as suspect; and the quarter maisters to pass nychtly and wesy
thairefter gyf ony beis strykyn with infirmitie or rasaue strangers, and
schaw the samin to the bailyeis. Follows the names of the quarter maisters:
David Lyell, Jon Ledall, Jhon Lyell, Jhon Akman, Ja. Pekyman, Wm. Bardy,
Jhon Hales, James Ramsay, Copyn Guthre, Patro Ramsay, Jhon Lyne, Wm.
Ochterlony, Nyniane Yowng, David Ferror, Henry Craik.
20 Sept.—It is fund be the
bailyeis and court that Alex. Akman rasauit his gudbroder within his hous,
quha cam fourth of Montross contrar the actis of this broich, and is
amerciat thairfor; and gif he dwis siklik in tym to cum he sail tyne his
fredom, and be banist this towne for yeir and day.
The qlk day Jhon Akman, in
presens of the bailyeis and court, oblish hym onder the payn of his lyf,
lands, and guidis, that thair sail cum na danger nor skaith to this town
throw his rasaiuing of George Brown or his wyf ; and gyf he dwis siklik in
tym to cum he sail tyre his fredom and his comon landis.
23 Sept.—It is fund be the
bailyeis and court that Jhon Hynd hes brokyn the statut of the town maid
anent the pest, passyng to Breichin mercat without leif of the bailyeis, and
thairfor his fredom is dischargit, and hys cocoon lands wacand, conform to
the act maid thairupon : and siklik Archibald Alathau for gyffyng meit and
drynk to his [sic] without leif of the bailyeis.
4 Oct.—It is statut be the
bailyeis and counsall that thair be na derrar aill sauld nor iij d the pynt,
and that the twa penny laif be ten once fra this day fourth, onder the payn
of daling of the aill and braid, and viij sh to the bailyeis.
11 Oct.—It is statut be the
nychtboris that bailyeis sail haue xl sh of ilk parson that breks the actis
anent the statute of the pest, and the rest to pass to the comon weill.
21 Oct.—Alex. Gardyn of Brax
is ordanit to be wardit within the tolbwith qll he aske the bailyeis
forgiffanis for missaying tham; and David Ferror is sourtie to enter the
said Alex. on Fry day nyxt to cum to fulfill the samin, and to pay his
13 Dec.—The bailyeis and
counsall hes decernit and ordanit that all the anuellis quhilk pertenyit to
the Deribeis be tayn vp and disponit be the awiss of the bailyeis and
counsall, conform to the ordour of Dunde and Sanctandross; and na manner of
man that suld pay the saids derige anuellis bald ony part thairof in his
5 Feb. 1566-7.—Anent the
complaynt maid be Nyniane Clement mynister, apon James Baxter for the
wrangus uptaking of the rudis of his yard in the Abay called Denichin
yard,—the bailyeis ordained the officers to pass with the said Nyniane and
mak opyne the yettis and durris of the said yard to hym, and red and void
the samin to the said Nyniane.
28 Feb.—The qlk day the
officers ar chosyn punders, and sail have of ilk akar of peis, banes, quhit,
and ry, oatis, iiij d, and thairpunlay use and wont.
7 April 1567.—WVlm Storok
apellit fra the jugment of the elderis and decanis anent the wordis of
injurie gyfl'yn to hym be Jhon Lyne and Bessie Hunter his spous: the said
Jhon Lyne offeret hym rady to fulfill thair decreit in all punctis.
18 April.—It is decernit be
the bailyeis, minister, elderis, and decanis that gyf Jhon Ramsay, Webster,
missay Jonat Lam his moder with wordis of injuric, he sail tyne his fredome
and comon lands the first tym, and the secund tym to be banist the town.
16 March.—It is statut be the
bailyeis and nyctboris that thair be na twitherdis fra this furth, conforme
to the actin maid thairupon, onder the payn of viij sh onforgyffyn.
12 Jan. 1567-8.--It is statut
and ordanit be Jhon Hales bailyie and the counsell that na out man be maid
fre nor burges of this broich for sewyn yeirs to cum, and for divers causes
concernyng the comon weill.
May 1568.—The xxvij day of Maij the counsall decernit that Agnes Fergusson,
witch, said be put in the pit, and have bott v d ilk day.
4 June.—The hall nyctboris
hes consentit and grantit that Nyniane Clement, mynister, have the thirdis
of our Lady chaiplanry and Sant Nycholas chaiplanry, gif thair be no releif
gottyn thairfor within forty days.
11 Oct. 1568.—The bailies hes
grantit that George Gardener sail have vj d of ilk fyer lious for rynging
the bell to the prayeris, and making service in the kirk.
4 March 1568-9.—The qlk day
for divers causes concerning the comon weill and releif of the taxation fra
the rayd of Breichin, it is concludit and decernit be the bayleis and
counsall that the haill comon gress be devydit and partit, and set to every
man puir and rich that plesses to tak part of it.
7 Oct. 1569.—Patre Ramsay,
Nyniane Hales, George Halis, and Slewyn Mekysoun hes tayn the comon myll and
motor for four skoir four punds for ane yeir, and hes resauit the said myll
with all ganband gair, and sail deliver her siklyk at the yeir's end.
2 June 1570.—The qlk day, in
presens of my lord comendator of Arbrot, anentis the election of ane
elimosiner for dew admynistration and distribution of the anuellis and
yeirlie apportionment of aid to the puyr, convenit the waist part of the
indwellarrs of the said elimosinarie, qlk ar dettit in pament of the said
yeirly duetye and acceppit Thomas Lyndsay, redar, ane of the Convent of
Arbrot, appointit thairto be my lord for elimosinor in tymes cuming, durying
my lord's plesur, togedder with Jhone Akman, Decane, to be coadjutor and
helper for inbringing thairof ; the said elemosinar's entres thairto sal be
at whitsonday last by past in the yeir of God ane thowsand fyf hundreith
seventy yeirs, to vptak, rais, intromit and vplift the said yeirly rents and
discharge' the samin, and yeirly to gyf thairwpon as sail be neidfull.
2 Oct.—Thir persons ar chosen
taxtars to stent the town for furnishing aucht men to ryd with my lord to
the Regent. [Eight names follow.]
27 June 1572. — Thir persons
are chosyng to ride with my lord to the raid of Breichin,—John Akman, James
Pekyman, Wm. Bardy, Andro Dunlop, James Ramsay, Nyniane Halis; and all the
rest of the honest men of the town oblist thaw to ryid thair tym about when
requirit, or ony of the said personis war cbargit thairto in tym to cum.
9 Oct. 1573. — The qlk day it
is concludit be the counsal anent the order of the kyrk that quhatsumevir be
decernit be the mynister, elders, and deconis for observing of gud ordour
sal be put to execution be the ba.iiyeis and counsal with diligens.
27 Oct.—The qlk day the
bailyeis and hail nyctboris concludit that thair be ane maister of grammer
schuill providit, and to inak hym yeirly viij sh of ilk barn within the
town, and twenty punds to be maid to hym of our Lady benefeice or derygeis
anucllis, with his chalmer maill fre; and Dauid Mychell is rasauit thairto
for this yeir ; quha hes promist to enter thairto at new yeir day nyxt to
3 Nov.—It is fund be the
bailyeis and court that Jhon Watson hes down wrang in the trubling of Jhon
Lam, and gyf it beis fundyn that the said Jhon Watson molest or trubill the
said Jhon Lam or ony riders within this broich in tym to cum he sal be put
in the irins indurand the bailyeis willis.
The qlk day the bailyeis
sittand in jugment comperit Jhon Lam and maid the aith that he dreds bodily
harm of Jhon Watson, and that he farit that the said Watson suld fyir and
burn his dwellyng hous apon the nycht in his fury; and protestit gyf he
sustenit ony skaith be hym that he micht opten the samin apon the jugis
because lie culd get na law brouch of the said Jhon Watson.
19 March 1573-4.—The bailyeis
cornandit Besse Tliomsone not to molest nor truble Elspet [illegible] vnder
the payn of x sh ; and ;iŁ the said Elspet missayis the said Besse sche
shall be banist the toun.
8 Oct. 1574.—The qlk day James Sthathart hes tayn the firlott, custum ladyll,
and ancarage for xvij li, iiij d; and David Person sourta.y for payment.
That the fischeris put thair
fische to the schoir, then to the mercat, for the space of thre houris,
vnder the pain of aucht sh.
Item, that all personis
heifand erd of thair housses vpon the comon calsay cary away the sam within
aucht dayis vnder the pain of aucht sh.
Item, that na man lay muk or
middens vpon the calsay ony langer nor aucht dayis vnder the pain of aucht
15 Nov.—The qlk day it is
fund be the bailyeis and court that Willm Guthre, for imprecation, that is
to say, for wissina to heif hymself thre deyis in hel, or to heif the pest
in Arbrot,—for the qlk he is decernit to be bundin to the cross qli the
preching be done, and incontinent thairefter to be caryit to the see, and
thair to be dippit thris, and pay aucht schillings ; and gif he dois siclik
to be banist for evir.
The volume of records from
which the following entries have been selected is in the library at Panmure
House. It extends generally over the period from 1605 to 1647; and bears the
following title:—"M. A. P. Aspiret ceptis Jesus, 1605. Composita burgi de
Aberbrothok, per me mag'rum Alexanndri Peirsone clericus ejusdem, scripta
teste meis signe et subscriptione manualibus A. Piersone N.P." Then follows
a list of small feu-duties payable from properties in the original burgh,
with "the rental of the akars of the comon lands of Aberbrothok," specifying
their situation, the names of their possessors, and the quantity held by
each; and bearing that they had been let in "feu ferme" at the rates of 10
shillings, 8s. 4d., and 6s. 8d. Scots for "ilk akar." "Sum of the hail burow
is iij xx xv lib. vj sh viij d." [x'75, 6s. 8d. Scots.]
The second portion of the
volume is a series of accounts kept by the burgh treasurers, from 1606 to
1614; and exhibits the sources of revenue and the items of expenditure
during that period. A few of these are here given in addition to those which
were quoted in reference to the old harbour. (1605-6.)—To Andro Chrystie for
nailles and mending of the auld kirk dor v sh. [This old church was very
probably the Lady Chapel.] Item—To Alex. Rynd for pudder q1k was usit at the
kingis deliverie [i.e., from the gunpowder plot.] Item, for mending of the
brig port xl sh. (1606-7.)—To Andro Chrystie for up-putting of the sluices
at the myll in tyme of pest xviij d. (1607-8.)—Delyverit to the menstrallis
at St Thomas day xxx sh. For vij deillis to mend the ports in time of pest
vi lb. [This was a general pestilence mentioned by Sir James Balfour and
other annalists.] To Wm. Ramsay for mending the yett at the north port iiij
sh. (1608-9.)Delyverit to the conventione of burrowis v lib xvi d. For
candel.l to the kirk 1 sh. (1609-10.)—Summa of the haill charge of the said
thesauror of his intromission above written of the comone guid of the said
burgh during the space forsaid [year to Michaelmas 1610] is the soume of
iiij c iij xxj lib xvij sh [?461, 17s. Scots.] For buistis of comfettis when
the bischop and Erie of Crawfurd was here, xviii sh. (1610-11—Charge.)—David
Chrystie convict in xl sh unlaw for not puting his maill to the mercat,
refusing to sell the samyne to the nyctboris, and forstalling the said
mercat. Wm. Schabart convict in 3 lib unlaw for drawing his knyff and
striking Jone Young thairwith, and in x lib unlaw for the effusion of his
bluid. David Chrystie convict in xxxii sh unlaw for striking David Gray
elder. Annane Spynk youngar convict in xvi sh unlaw for abusing his father
in braking his bucket and stoup at the wall. Summa of the haill charge, iiii
c xxxvii lib xvij sh iiij d [x'437, 17s. 4d. Scots.] Discharge: For the
communion bread xviii sh. To William Allane to gang to Aberdeine xl sh. For
candill to the kirk lv sh iiij d. For ane desk to the schuill iij lib. For
mending of the wey house dore vi sh. For mending the water mett ii sh. For
mending the colmettis vi sh vi d. Summa of the haill discharge is v c iiij
lib xii sh iii d [ ?504, 12s. 4d. Scots.] (1211-12—Charge.)--Andro Dall for
his fredome and burges bankit xiiij lib. The grass of Boullishill bank,
Seyait, Madiegramis croce, and Newgait gevine to James Carnegie for iiij
merks. The grass of Paromers dykis betwix the mylne and chappell vi sh viij
d. Vnlauis.—Item, Alex. Spynk convict in xxxii sh for abusing and minassing
Thomas Rennie at the bar; and the said Thomas in xvi sh for upbraiding him
also. Jhone Haillis, mariner, convict in Ten lib unlaw for the effusione of
the blood of ane poore man. Thomas Lyell, James, Alex., Thomas Sympsone, ilk
ane of theme convict in v lib unlaw for drawing thair swerdis, and in x lib
unlaw for the effusing thair-with of the blood of Thomas Gray and Margaret
Gardyne ; and in xvi sh for trubling the toune. Andro Chrystie convict in v
lib unlaw for abusing William Myles his wyff in thair awin hous under
silence of nycht, drawing ane Burk to have strukin theme thairwith. Summa of
the haill charge iiij c v lib ii sh vi d. Discharge : To the post that
brocht the billis for keeping of the conventions of burrowis haldin in this
burgh xiij sh iiij d. For wyne and sugar to my Lord of Burlie xlvi sh. To
David Lyel at comand of the bailyie to the provest of Abird[een] for wyne
and sugar vi lib. To David Lyel at command of the bailyie for the provest of
Kynneillis Benner and uthers with him, quhen he first repaint the knok lii
sh. To the comoun post to carie the billis for keeping of the said generall
conventione of burrowis halden heir xx lib. To Alex. Rynd for towis to the
bell 1 sh. To him for towis to the pace of the knok xij sli. To the officiar
that sumond the bailie to the checker vi sh viij d. To Kathren Haillis at
comand of the auld bailyie iij lib x sh. To her at comand of the bailyie for
wyne to my Lord Marques xxxij sh. To Alex. Peter for twa buistis of
scortchettis and confettis xxvi sh viij d. To David Lyel for wyne that the
commissioners of burrowis drank quhen they sat heir vj lib. To Alex. Crestie
for aill to the said conventione iiij lib. And to Jhone Ronnie, baxter, for
ane peck floure of bread, and baiking thairof to the said conventione xiiij
sh. To Thomas Cuming for ane pund of butter to the bread v sh. To the
collector of Edr. for oure pairt of the taxatione grantit be the burrowis to
the comissioners ryding to court xx lib. To James Low for fyve grait aik
trees to mend Mylnegait brig vi lib xiii sh iiij d. To hym for carieing
theme to the brig iij sh. To Alex. Rynd for iiij aik treis to cover the brig
xl sh. To the provest of Kynneill for mending of the knok xxiiij lib. For
wyne to him xxxviii sh, To the officiar that sumount the bailyie to the
Parliament xi sh viij d. To Alex. Rynd for ij dellis and j tree to the
tolbuith xxx sh. For j c plenshon naillis to naill the dellis with xvi sh.
For mending of ij loftis of the wey-hous and poynd-hous vi sh viij d. For
ane bar to the kirk dor and ij bar naillis iiij d. For xx unce of pouder to
wapon schawing xxiij sh iiij d. For my fee x lib. To Kath. Haillis for iij
pynts wyne the ' of August [commemoration of the Gowrie conspiracy.] For a
pynt of wyne and a buist of comfittis to Sir Johne Carnegie xxii sh iiij d.
rfO Johne Ogiluie for ane band to ping the suasche [drum] to xv sli. To the
menstrellers for thair fee xiij lib vi sh viij d. Summa iiij c xvij lib ix
sh vi d.
(1612-3) Discharge for tua
faldome towis to the bell iiij sh. For x lib and vij vnces gad iron to be
ane tong to the bell, and warkmanschipe thairupon xlviij sh vi d For
clenging of the bodie of the harbour x sh. To Mr Henrie Philp, minister xxx
lib. For doune casting of the dyik at the kirk dor to mak passage to my Lord
Marques viij sh. The 5 of August, for wyne iiij lib xviij sli. The 5 of Novr.,
for wyne xxiiij sh. To the menstrellaris xxxviij sh.
The third portion of this
volume bears the title: "Heir beginneth the secured court buik of the actis
of the burgh of Aberbrothok `veyttine be me Mr Alexr. Peirsone, comoun clerk
thairof." It extends from 3rd September 1617 to 22nd April 1647; and
contains entries of the elections of magistrates, councillors, and other
officials, admissions of burgesses, services of heirs, extracts of law
writs, leases of grass and town's dues, and convictions and fines for
assaults and other breaches of law. The following are a few abbreviated
samples of these.
6 October 1617.—Per Thomas
Peirsone of Lochlandis, and Mr John Granger, bailies. The quhilk day, the
saidis baillies dernitting their offices, be laying doune the wand of
iustice, removeing furth of iudgement, Mr Patrik Carnegy is electit and
chosin baillie for my Lord Marques of Hamilton, Lord of Arbroith, be vertew
of my Lord Carnegyes letter iudiciallie producit haiffing comissione to that
effect of my Lord Marques: David Ramsay is electit baillie for this burgh
for this yeir incomming be pluralitie of voittis of the nyctbouris theirof;
wha sittand doune in iudgement gaiff thair aythis de fideli acdmistraone to
exercise justice and iudgement without fead or favour: And theirvpone
Counsall—Geroge Piersone, Mr
Jhone Granger, Thomas Piersone, Jhone Aikmane, elder, Mr George Aikmane,
Alexr. Rynd, Alexr. Peter, Robert Lyne, Andro Eliot, James Wood, Jhone
Ochterlony, Robert Ochterlony.
Lyn n eris—George Piersone,
Jhone Aikmane, elder, Alexr. Rynd, Robert Lyne, Andro Eliot, Jhone
V yikpryssris—Andro Haillis,
Thomas Mudie, Charles Dalgatie, Jhone Bardie.
Flesche and Skin Pryssris—Alexr.
Rynd, Alexr. Peter, Thomas Mudie, David Tueddell.
Wood, Jhone Renny, elder, David Settee, Thomas Wood.
Rynd, Alexr. Peter, Charles Dalgetie, Jhone Bardie.
Constabulis—David Wood, Jhone
AIlane Skinner. Oficearis—W ill iame Mudie, W'am. DZekisoune, Adame Grant.
Qlk haill persones forsaids
gaiff their aythes faythfullie and trewlie to exerce the saids offices
durang the yeir incuming: Whervpon they requirit actis.
9 November 1619.—Alexr. Lord
of Spynnie is maid and creat burges and freeman of the said burgh.
4 June 1620.—Alexr. Straquhan
in South Tarrie, is maid and creat burges and freeman.
31 October 1620.—Mr Alexr.
Hay, clerk to the Privie Seill, and Peter Hay, his substitut, are maid and
treat burgeses and freemen.
31 March 1621.—Mr James
Futhie, sone lawfull to umquhil Hendrie Futhie of Bysack, is maid and creat
burges and freeman.
9 April.—Mr John Lyndsay,
Admiral. Deput, and my Lord Lyon to his Majestic [with others], are made
11 September 1624.—Sir John
Carnegy of Athy, Knicht, [with others] are made burgesses.
5 May 1625.—The salmon
fishing within the haill bounds of the liberties of this burgh, togidder
with all other fishing within the haill bounds of the said burgh liberties
of the watter of Brothok, given to Andro Wood for thretteine yeires, for
yeirlie payment of fourty schillings.
26 February 1630.—Mr Simeon
Durie, minister of this burgh, maid burgess.
24 June 1631.—Alexr. Lord of
Spynny [and others] created burgesses.
3 March 1633.—The baillies
and counsel, for the sklaitts and other stones of the chappell and for the
timber thereof, disposed be Johne Ochterlony, youngar, to the towns vse, set
in tak to the said Johne, the gras of the Lady Lon for the space of seven
yeirs from April 1637.
13 April 1636.---Walter
Bischop of Brechin [his servants and others] created burgesses.
3 October.—The saids ballies
having demitted their saids offices of baillierie be laying down the wand of
justice, they remoucing themselffs out of the iudgement seat, Mr John
Granger and William Peirsone ar elected and chosen Baillies of this burgh
for this yeir incuming, Be the auld and new Counsel, and be the persons
nominat and chosin of the crafts to have voit in the said election.
23 Nov. 1637.—The customes
and anchorage set to Alexr. Meikesone for ane hundred and thretteine merks.
19 Sept. 1639.—Mr David Durie,
sone lawfull to Mr Simeon Durie, minister, and Mr George Granger,
scoolemaister, maid burgesses.
28 August 1643.—Patrick Maule
of Panmure, and his eldest sone George, maid burgesses.
2 May 1649.—The gras efter
specified is set [as follows] :—The gras betwix the Mylne gate Port and the
Pethfit to James Anderson for 20 sh. The gras of Hurklesden and the gate
betwix the meikill dub and the bead of Henrie Fullartoune's land on the est
syd therof, to Johne Meikeson for Lochlands, for 14 lib. 3s. 4d.