1. Court Book Continued: Statutes Against
Ignoring Jurisdiction and Receiving Strangers Without Character
Certificates—2. Inhabitants "Thirled" to Mills of Kinneil;
Regulations for Sale of Fish—3. A Peculiar Jury—4.
Perambulations of Marches—5. The Register of "Bands":
Arbitration Regarding Wages of Coalhewers—6. Shipmasters' Will
and Testament: Duchess Anne's Grant for Communion Elements—7.
More Arbitration : Seamen's Box and Fleshers' Box: Writers and
Notaries—8. Examples of Surnames and Employments: Regality
abolished.
I.
The Court
was troubled by persons declining its jurisdiction, and on 7th
November, 1670, this is dealt with as follows:— "The samen day
the said bally upon severale complents made to him be severall
off the inhabitants mentioning that ther are severall persones
residing within the bounds who doth call and persew divers and
sundrie of the said inhabitants before the Commissers of
Edinbrugh and other inferior judicatories at ane great distance
from the said inhabitants.
For remeed wherof and for preventing of
prejudicies and inconveniencies for the futur, enacts and
ordeanes, that no persone or persones whatsomever leaving
(living) and reseiding within the said brught of regallitie and
haill bounds forsaid take upon hand under whatsomever cullar or
pretext in any tyme coming, to ceit, charge, call, or persew,
any of the saids inhabitants and residenters within the forsaid
bounds, for any civill debt, or any other cause or occasione
whatsomever befor any other inferior judicatorie within this
kingdome bot allenarllie1 befor
the said regallitie court of Borroustounes, and that under the
paine of tuentie pounds Scots money to be payed to the
procurator fiscall of court be ilk persone who shall happen to
contraveine the premiss. Ordeanes thir presentts to be
publictlie published to the inhabitants at the publict head
court ensewing, that non pretend ignorance heir of."
A statute was passed on 14th February, 1671,
against resetting of fugitives and strangers—
"Enacts and ordeans that no heritor, tennant, or
any other persone quhatsomevir inhabitant within the said brught
of regalitie and hail bounds of the lands and barounies annexed
to the samen, presum or tak upon hand, at any tyme heirafter
directlie or indirectlie upon whatsomevir cullor or pretext to
harbour, receave, or resset any subtennants, craters, servants,
or other persones whatsomever without sufficient and valid
testimonialls from the pairtes and places they last reseided
duellie subscrivit be the minister, elders, and session-clarks
of the saids pairtes and places, and alls be the magistrat or
justice of peace thairof, bearing and conteaning them to be frie
of any knowen or publict scandell, and that the heritors and
others abovewritten within the said brught of regallities befor
the harboring, resetting, or recaveing of any of the saids
persones, with their saids testimonialls, in the first place
acquent the said Major Robert Hamilton, baillie foirsaid, or his
baillie deput therwith; and procure and obtaine the names of the
saids persones insert and recorded in the particular book
appointed for that effect, under the dark of the said brught his
hand; and that under the paine of tuentie pounds Scots money to
be payed be ilk persone, heritor, master, tennant, or others,
who shall happen to contravein any pairt of the premiss and that
for ilk falzie."
II.
Statutes were passed on 9th May, 1671, with
relation to thirlage and forestalling of fish as under—
"Act Compelling the Inhabitants of Kinneil Barony
to take their Grindable Corns and other Grain to the Mills of
Kinneil only.—The
whilk day the said bally in corroboration of the haill former
acts of court and acts of thirlage made bo whatsomever baillie
within the foirsaids bounds of Kinneill and brught of regallitie
of Borroustounes anent comeing with grindable corines, malt, and
other graine to my Lord Duke of Hamilton his Graces mylnes of
Kinneill to be ground thereat according to use and wont, statuts,
enacts, and ordeanes that no persone or persones whatsomevir
within the said baronie and brught of regallitie foirsaid goe by
the said mylnes in any tyme comeing with any of ther grindable
corines or other grain bot come convenientlie with the samen
therunto to be ground therat and to pay multor and knavship
therfoir according to use and wont and as was in use to be payed
in the lyfetyme of the deceist Dame Anna Cunynghame, Lady
Marques of Hamilton, of worthie memorie; and ordaines ilke
persone contraveiner to pay for the first fault fyve pounds
Scots, and to the fermeror of the mylnes dowble multor for what
quantatie can be made appear is abstracted from the said mylnes;
and for the second fault ten pounds money foirsaid, and to the
said fermeror dowble multor; and sua furth dowbling thairof alls
oft and sua oft as they shall happen to contra vein the premiss."
"Act enacting that Fresh and Salt Fish shall not
be Sold in the District until the Inhabitants be first served.—The
said baillie statuts, enacts, and ordaines that no persone or
persones; whatsomevir resorting to this brughe at any tyme
heirafter with any kynd of fish, aither fresh or salt, shall
make sale and offer the samen to any persone or persones
quhatsomevir untill such tyme that they send throw the bell
therfoir and serve the haill inhabitants of the said brught with
the samen and sua continow the selling thairof for the spaces
following— to witt, the said fresh fish for the space of six
hours, and the dry fish for the space of eight hours, to the
effect the saids inhabitants may be then sufficientlie served
thereof; and that under the paine of fyve pounds Scots money to
be payed be ilk persone contraveinen for ilk falzie toties
quoties ; and
sicklyke statuts, enacts, and ordeans that no persone, dreipster,
or other persones quhatsomever attempt presum or take upon hand
in any tyme comeing to medle or bargane with such persone-or
persones who shall happen to resort to the said brught with such
fishes as are befoir mentioned heirafter whill and untill
advertizment beis made of the samen as said is be the publict.
bellman of the said brught, and alls whill the saids
spaces-respective foirsaids be fhllie expvred; and that under
the paine of fyve pundes money foirsaid to be payed be ilk
contraveiner of the premiss."
III.
These statutes were always passed at the Head
Courts, and" it is noticeable that it was also a practice at
this Head Court to empanel a jury of inquest. The object of this
was not to-deal with the cases of persons brought before them,
but, like-the elders of the kirk session, each member of the
jury was called upon to delate offenders. Here is a record of
this procedure on the foresaid day—
"Compeared Robert Cunyngham, in Bonhard;
Allexander-Watson, in Little Carriddin; Thomas Faupe, in
Murrayes; William Drysdaill, in Bonhardpanes; John Davisone,
salter there; John Hairt, in Redding; James Goffe, there;
Hendry-Hardie, in Whysyd; Thomas Whyt, in Gilstoune; Allexander
Hardie, there; James Dobbie, in Kinneill; Alexander Gibb, in;
Inneraven; James Thomson, in Over Kinneill; James. Thomsone, in
Rousland; John Glen, in Inneraven; and John Ritchie, in
Borroustounes. Whilks persones of inqueist being-all lawfully
sumond, suorn, receaved, and admitted and' includit be
themselves, and having be plurality of voyces-choysen the said
Hendry Hardie Chancellar, and being-interrogatt be him be vertes
of his office of chancellarie whither or not they knew any
faultes, wronges, or injuries doen or committed within the
foirsaids bounds undelaited, they delaite-and declair as follows
: —
"The said Allexander Hardie declaires that he saw
John-Cuthell, in Carsiebank, careing ane gun within this
fournight,. and
lykewayes did sie him shoot with the samen, bot did kill
nothing; as also saw John Shaw in Gilston shoot with ane gun.
"The said Thomas Whyt declaires that he saw
Allexander Cowie and the said John Cuthell careing gunes within
the barouny.
"The said John Ritchie declaires he saw
Allexander Randie, Thomas Padyeon, John, James, and Allexander
Gibbs also carieing gunes; and alse James Cowan in Corbiehall
and James Maither carieing gunes.
"The said John Heart declaires that ther is ane
yew in his custodie whilk does not belong to him, both declaires
the samen does belong to John Johnston, his hird, and that James
Goffe gifted the samen to him; as also declaires that there was
ane rugh sheip in sommer last goeing amongest John Cloggie in
Midlerig his sheip.
"The said John Glen declaires that upon the
saboth day last, the 13 of February, he saw James Burn shoot ane
gun in Clarkstoun bounds, lykeas depones that ther was some
persones shotte dowes besyd Kinneill kerse, but knowes not what
they wer; saw James Mungal in Borroustounes with them, and that
he took up the dowes that wer shotte; and farder declaires that
upon Yooles evin he saw the said James Burn goeing with ane gun
in his hand and shot dowes in his other hand.
"The said James Dobbie declaired he saw James and
Allexander Gibbs, Thomas Padzeon, and William Gibb, tuentie
dayes since carieing guns bot saw them shoote non.
"The said William Drysdaill declaires he saw
Thomas Gillespie cary a gun.
"The said Robert Cunyngham declaires that he saw
James Robertson, in Bonhard, shoote ane dove bot alledges that
he had ane order from the shirref-deput to shoot al suck doves
he could find in respect they prejudged his dovecott.
"And the remayent persones of the said inqueist
being lykewayes posed and interrogatt be the said Henry Hardie,
chancellor, declared that they knew of no wrongs nor injuries
doen or committed within the haill foirsaids bounds."
Among other business done by the Regality Court
was the appointment of curators to persons under age. There is
at least one instance of this. On 19th April, 1670, at the
instance of William Jaupe, who was a minor, but past the years
of pupillarity and tutory, charge is given to John Robertson, in
Muiredge, and another Robertson, in Bonhard, who are his nearest
of kin on the father's side, and to Alexander and Thomas Smith,
sailors in Grangepans, who are the nearest of kin to him on the
mother's side, to attend and see and hear curators chosen for
the said minor for the management of his affairs until he attain
the age of twenty-one years. They did not compear, but evidence
having been given of their being lawfully cited, the Bailie
asked the minor whom he wished, and he chose John Fod and Duncan
Alan, both in Bonhard, to be his curators. They accepted the
office, gave their oaths, and became cautioners each for the
other for the faithful discharge of the duty.
IV.
The Court also dealt with the perambulation of
properties, of which there are several instances in the volume.
The first is on 27th June, 1670, and is occasioned by the
complaint on the part of John Meldrum, tailor in Bo'ness,
against William Horn, skipper there, and Agnes Hardie, his
spouse, who in building a shop on the east side of their house
had encroached upon the pursuer's property, especially in
appropriating a stone gable which was mutual between them. For
determining the matter an inquest of fifteen persons was sworn,
and inspection made not only of the properties, but of the
pursuer's and defender's titles, the pursuer producing a
disposition by Alexander Law, tailor in Bo'ness, to the pursuer
and Marion Law, his spouse, dated 15th March, 1642, showing
forth the bounds of the subjects disponed. There also compeared
William Fumertoun, in Nether Kinneill, in right of an apprising
led at the instance of his deceased father, James Fumertoun, in
Kinneill, against the said Alexander Law, of the foresaid house,
protesting that he might not be wronged by the new building, and
especially that his stair on the north side of his house might
not be encroached upon nor made use of by the said Agnes Hardie.
The judgment of the Court conserved the said stair to William
Fumertoun, but the jury declared they could not determine as to
the property of the mutual gable, and in the end the judge
declared that it should be mutual to both parties.
Another case occurred on 23rd November the same
year, in which the Court was asked to declare the meiths and
marches and to set up march stones between the properties of
Richard Thomson, maltman in Bo'ness, son of the deceased William
Thomson, maltman there, and Andrew Burnsyde, skipper in Bo'ness,
for Andrew Burnsyde, younger, his eldest lawful son. This was
done by means of empanelling a jury of inquest, who determined
the bounds between the properties.
On 16th March, 1671, there were no fewer than
four cases of perambulation on hand. In the first William Horn,
skipper in Bo'ness, wished to build a shop on his own ground
there, and desired that the same might be defined. The jury
having considered the whole circumstances, ordained him to build
his shop between the vennel and the east side of his own house,
with certain restrictions, among which was that he was not to
injure the lights of other houses.
The second was a dispute between John Paterson,
sailor in Bo'ness, and Marjory Cassillis, spouse to Andrew
Burnsyde, elder, in Bo'ness, and Eupheme Cassillis, spouse to
James Cassillis, elder, skipper there, and their said husbands.
It was found that the properties were divided by a mutual dyke,
but that Paterson had right to his own gable, and the road for
horses and carts to his kiln and barns in the close. Within the
close there was a spring well. It was to be public for the
inhabitants of the burgh who might require to make use of it.
The said properties were upon the High Street, and in building
both parties were enjoined to keep that street " sufficiently
broad, fully large, wide, and spacious."
The third case was the settlement of a march
between the property of Alexander Grintoun, in Grange, in that
part of the burgh called the Boig, and that of Robert Mitchell,
skipper in Bo'ness.
The fourth dealt with a public right of way which
had been stopped to the south-west of the house and yard
belonging to the heirs of David Thomson, skipper in Bo'ness, and
led from the High Street to some fields on the south. The jury
decided it should be re-opened for the use of the inhabitants,
with horses and creels, as it had formerly been past memory of
man.
. The last case in the volume is on 9th January,
1673, when a Court of perambulation was held to decide a dispute
as to the boundaries between the houses and yard of Alexander
Gibb, skipper in Bo'ness, and the glebe of the minister, which
lay to the south of Gibb's property; also the boundary between
the said glebe and the Paundiker, belonging to Robert Mitchell,
skipper in Bo'ness. The jury found that Alexander Gibb had built
a wall too far south, which encroached on the property belonging
to the minister; ordered him to have it removed and rebuilt
where the old marchstone was still standing. Further, declared
that the minister's glebe "marches to the south-side wall of
John Johnstone, maltman in Bo'ness, his kiln and barn, and the
said Pandiker belonging to the said Robert Mitchell on the
north."
(End of " Liber
Curiarurn.)
V.
Besides the "Liber
Curiarum" there
is another register Of the Court which gives us interesting
glimpses in other directions of the life of the inhabitants more
than two centuries ago. This book is inscribed " Register of
Bandes and Uther Wryttes of the Burgh of Regality of
Borrowstounes, Landes & Baronies thereto anexit; Begun the 2nd
day of Appryll 1669." The volume is in a fairly good state of
preservation. Registration seems to have gone on until the end
of July, 1673. There is then a break until 1st November,
1692—nearly twenty years—when it is resumed, and goes on until
the end of May, 1695. There is then another break of about
twenty years until October, 1713, when the book is turned upside
down and a fresh beginning made. From then registration goes on
until 20th November, 1722, where the two sections meet in the
middle of the volume. It is more than likely that there would be
another volume running on to the extinction of the Regality in
1748, but we have not found it.
The deeds recorded in this register are heritable
bonds and other obligations, agreements, discharges, tacks,
marriage contracts, and, so far as we have observed, one
testamentary settlement. Submissions and decrees-arbitral and
protested bills occupy a considerable portion of the book, the
protested bills being especially numerous after 1713. To make a
selection from such a mass in order to enable the reader to form
a reasonable picture of the business life of the district at
that period has been no easy matter. It is hoped the following
will prove illustrative : —
Discharge by "Maister John Waugh, Minister at
Borrowstouness" to the representatives for "compleat payment and
full satisfaction of all stipend due." This is the first
document recorded.
Commission by Duke William and Duchess Anne of
Hamilton to John Mayne, writer in Linlithgow, to be
procurator-fiscal of the Burgh of Regality of Borrowstounness,
during pleasure, dated at Kinneil, 2nd April, 1669, recorded
14th April. This was presumably in addition to Rudolph Weir
referred to in the "Liber" as
being appointed fiscal on the opening day.
Submission and decree-arbitral relating to a
dispute over the "platform" of a house in Grangepans. The
parties concerned were Flor. Gairdner, "bally of the Baronie of
Grange," on the one part; and Thomas Smith, wright in
Borrowstounness, on the other part. The judge-arbitratora were
Thomas Edgar, in Grange, and Robert Forest, in Borrowstounness.
Recorded 9th October, 1669.
Gairdner was, we understand, a near relative of
Colonel James Gairdner, who was born at Burnfoot, Carriden.
Contract of marriage, dated at Linlithgow 6th
April, 1655, between William Kerse in Falconhous, with consent
of Richard Kerse in Bo'ness, his eldest lawful brother, and
Helen Tennent, lawful daughter of the deceased John Tennent of
Burncheid. She has a brother William Tennent, of Wester Dykeheid,
who is due her 500 merks, and this debt, with another 1000 merks
due by Mr. George Dundas of Maner, she presents to her husband
as tocher. Among the witnesses are David Tennent and Mr. William
Crawfurd, son of William Crawfurd, of Dean. Recorded 23rd May,
1670.
Commission by William and Anna, Duke and Duchess
of Hamilton, to Robert Ballenden of Parkend, to uplift the rents
of the baronies of Kinneil, Polmont, Carriden, and Kettlestoun,
dated at Hamilton, 16th November, 1670.
Submission and decreet arbitral between John
Mayne, writer in Linlithgow and tacksman of the coal works of
Balderston, and William Rae and George and William Robertson,
his coal hewers, as to the prices to be paid to the latter and
their bearers and servants. The judges were John Fod and James
Mitchell in Bonhard, John Robertson there, and Robert Cornwall
in Kinglass. The submission is dated at Bo'ness and Bonhard, 5th
and 9th December, 1672, and until the decision is given the
hewers agree to proceed with their work diligently and truly as
other coal hewers, and have found cautioners that they will do
so. The decreet is dated at Bonhard 10th December, 1672, and in
it the judges ordain the said coal hewers and their bearers and
the said servants to attend dutifully their work at the coal
heugh of Balderstone and not absent themselves without consent
any working day, health and strength permitting, and continue,
not by starts but for nine hours each day at least, and if they
absent themselves without leave they shall forfeit 20s. Scots
for each day they do so, with a corresponding part from their
yearly bonus. Sixteenpence Scots is the price presently paid per
load for the coals won, but as the owner is willing to augment
this, it is agreed that the third part of what is obtained by
the sale of the coals shall be the share belonging to the coal
hewers, and the owner is to increase the price of the coal to
5s. and 7s. Scots per
mett. The
coal hewers also agree to relieve the owner of the labour of
making the levels, &c., and working the coal, under certain
conditions, provision being specially made in the case of "troble."
Further, the coal hewers being in the habit of carrying home as
many coals as they require to burn in their own houses nightly,
they in return for these are to deliver a load of coals weekly
to the master as formerly upon the coal hill, and this they are
not to sell or part with to their neighbours under a penalty of
30s. Scots per load.
VI.
6th January, 1693.—Contract of marriage dated at
Bo'ness, 23rd February, 1691, between Robert M'Kindley, merchant
in Bo'ness, and Katherine Esplin, lawful daughter of the
deceased John Esplin, maltman there, with consent of Lvbra
Smyth, her mother, and Thomas Padgen, maltman there, now her
spouse. Her tocher is 600 merks. There is also a deed by Lybra
Smyth to Robert M'Kindley.
Will and Testament of a Borrowstounness
Shipmaster.— This
is recorded 13th January, 1714, and is very interesting. The
introduction runs—" To all and sundry whom it effeirs, or to
whose knowledge these presents shall come : Be it known
that I, ....................., being for the
present infirm in my body, though perfect in memorie and
judgment, blessed be God; and considering the frailty of this
short and transitory life, with the certainty of death and
uncertainty as to the time and manner thereof (that being
referred to the Omniscient wisdom of God): Therefore to the
effect I may the better prepare against the time of my
transmutation when the samen att the pleasure of God shall
happen, I have thought fit to make my Latter Will and Testament
as follows: —Imprimus I recommen and entirely resign myself soul
and body to the hands of God Almighty my great and bountiful
Creatour and Redeemer ; and declare that I am a Protestant
professing the true religion by God's mercy presently professed
and taught in the reformed Churches of Christ according to the
written word of God and summarly contained in the Confession of
faith in this Church, and ratified and approved be ye Statutes
of Parliament of Scotland; and declares that my hope of
Salvation depends only upon the free love and mercy of God and
the merits and intercession of Jesus Christ my only Saviour and
Mediatour:" Like the prophet of old, he gave commandment
concerning his bones thus : Ordains and wills that when it
pleased God to separate his soul and body, his body should be
interred amongst his friends, decently in a Christian manner.
Then comes the disposal of his estate to his wife and daughter.
We have an impression that the declaration that he was a
Protestant, if not absolutely necessary, was at that time safe
and desirable in view of the disabilities which affected Roman
Catholics.
Factory and commission by John Cassils-,
skipper, in Borrowstounness, in favour of Jean Melvin, his
well-beloved wife. He narrates that "for as much as I am
necessarily called abroad furth of this kingdome in pursuance of
my employment, and being desirous that my business at home be
not neglected, and having in tire trust and confidence in the
fitness and integrity of the said Jean Melvin," he appointed her
his sole acting factrix and commissioner for him with full
powers. This document is recorded 22nd May, 1714.
Obligement.—The Duchess of Hamilton to the Kirk
Session of Bo'ness for paying Communion elements; recorded 31st
October, 1717. It runs—" We, Ann Dutches of Hamilton and
Chatlerault, considering that we have been in use those many
years bygone to pay to the Ministers and Kirk Session of Bo'ness
the soume of Five pounds Sterling yearly for defraying the
expense of the Communion elements att the celebration of the
Sacrament of the Lord's Supper att the Kirk of Bo'ness, for the
payment of which the said Kirk Session has no security but our
use of payment; and we being willing to grant to them the
security underwritten for payment thereof; Therefore we hereby
bind and oblige us, our heirs and successors to make good and
thankful payment to the Minister or Kirk Session of said Kirk of
Bo'ness and to their successors in office the soume of five
pounds Sterline yearly for defraying the expenoes of the
Communion elements at celebrating the Sacrament in the said
Kirk, and that within ten days after the celebration of the said
Sacrament yearly, beginning the first year's payment of the said
soume for this instant year 1713 and so forth yearly thereafter
in all time coming: And, in case it shall happen by the troubles
of the times or by any other accident it shall happen that the
Sacrament shall not be celebrat yearly, we oblige us and our
foresaids to pay the said soume of five pounds Sterline yearly
during the years the said Sacrament shall not happen to be
celebrat att the said Kirk to the Minister or Kirk Sessione of
the said paroch for the use and behoove of the poor thereof: In
Witness Whereof we have subscribed thir presents att our Palace
of Hamilton the twenty-eight day of Aprile 1713 years, before
these witnesses, James Hamilton of Pencaitland, one of the
Senators of the Colledge of Justice; and David Crawford, our
Secretary; and Alexander Hamilton, Writer to the Signet, Wryter
hereof."
VII.
Submission and decree arbitral in a succession
dispute between John Brice, merchant in Bo'ness, only son then
in life to the deceased William Brice, weaver in Muiredge, on
the one part, and Thomas Knox, in Muirhouse of Grange, for
himself and Elizabeth Brice, his spouse, daughter to the said
William and sister to the said John Brice, on the other part.
John Hardie, maltman in Borrowstounness, was the arbiter chosen
by John Brice; and James Stephen, schoolmaster of Carriden, was
chosen by the said Thomas Knox for himself and spouse. It was
decided that John Brice should succeed to the just and equal
half of the houses in Muiredge with the lands and " aker" of
land pertaining and belonging to the deceased weaver, his
father; also to a half of the household plenishing,
and sole right to the deceased's "wearing"
clothes. The other half of the heritable and movable subjects
were to be divided, one-half to Thomas Knox and his spouse, and
the other equal half of foresaid half to belong to Agnes Knox,
their daughter, in liferent, "and the heirs to be lawfully
procreat of a suitable marriage to be entered into by her, whom
failing, to the said John Brice his heirs." In the squaring up,
the one-half of the value of an iron chimney and; a piece of "cloath,"
value £17 Scots (both taken by John Brice) was to be accounted
in part payment of the funeral and other expenses disbursed by
him, he to give credit for the equal half thereof in his
accounts. The deed is recorded 1st March, 1719.
Submission and decree-arbitral in dispute between
John Guthrie, officer of Excise at Bo'ness, on the one hand, and
George* Galbrath, tacksman of the milns of Kinneill, on the
other part. The arbiter for Guthrie was Thomas Buchanan, officer
of Excise at Grangepans, and for Galbrath one John Burn, in
Parkhead, of Linlithgow. Duncan Glasford, shipmaster in Bo'ness,
was the oversman chosen by the arbiters. We have not noted the
precise nature of the dispute, but the result was that
Guthrie-had to content and pay Galbrath the sum of five pounds
in full satisfaction of his claim. This submission is recorded
20th November, 1722.
To take a few more examples we find recorded on
14th September, 1694, an agreement amongst the seamen of"
Borrowstounness about a box, one Walter Nimmo being boxmaster.
About the same time appears a bond by a maltman for 50 merks
Scots borrowed from Gilbert Marshall, "Boxmaster of the
Fleshers' Box of Borrowstounness." And' on 17th June, 1714,
there is a tack recorded betwixt John Mairtoun, chirurgeon in
Borrowstounness, and John Egglinton, fiesher there, whereby the
doctor sets " two aikers " of land of the lands of Deanfield
belonging to him. We find also-commission by the Dowager Duchess
Elizabeth of Hamilton in favour of Archibald Grosert, merchant
in Bo'ness, her factor and chamberlain in her lands of Kinneil,
Carriden, and others '
Also factory by John Edmonston, writer in
Edinburgh, as factor in Scotland for the said Dowager Elizabeth
in favour of Archibald Grosert, merchant in Bo'ness, her factor
in virtue of factory, dated 20th July, 1725, whereby he
constituted John Hay, of Balbethan, his depute, to uplift and
receive all rents, profits, and duties due and belonging to said
Duchess iurth of the lands and barony of Kinneil and others
liferented by her. Mention is also made in a document in 1721 of
a John Main, manager of His Grace the Duke of Hamilton's coal
works at Kinglass.
Writers and notaries flourished in the seaport
during the Regality period. In addition to Rudolph Weir, we
frequently come across James Tailfer, John Wilson, Andrew
Wilson, William Wilson, David Jervay, and William Keir, "wrytter
in Grangepans." These were the procurators and conveyancers
:about the place from time to time, and are not to be confused
with the mere "servitors," i.e., the
clerks or apprentices. -One Donald Blair, described for years as
a "servitor" to Weir, in time blossoms into a procurator on his
own account, and similarly a Robert Blair, some time " servitor"
to Andrew Wilson.
VIII.
The following are examples of common surnames to
be found in this register:—Baird, Bell, Blair, Callender,
Drysdail, Downie, Gairdner, Gray, Grinlay, Hardie, Hendry,
Johnston, Kincaid, Marshall, Mitchell, Muir, Paterson, Ramsay,
Rankine. Shepherd, Smith, Snadden, Stewart, and Thomson. There
are also to be found a Richard Maltman, maltster in Bo'ness.
.and a James Watchman, merchant there.
As for employments, there are many maltmen,
skippers, boatmen, sailors, fleshers, wrights, baxters (bakers),
and some coal-hewers.
A sample or two of the wording of the bills in
those days .may also interest—
"Pay to myself or order at my dwellinghouse in
Bo'ness two hundred and eightie seven pounds six shillings Scots
money, the value in your hands and oblige your friend."
"Sir, Be pleased to pay to me or order upon
the............ at my dwellinghouse in Grangepans the soume
of............... Scots value in your own hands. Make thankfull
payment-and oblidge. Sir, Your most humble Servant."
"Please to pay to...............at or between
the............... at his own dwellinghouse the soume
of...............Scots value in your own hand. Make thankfull
payment and oblidge. Your humble Servant."
The following entries appear on one of the back
pages of the volume:—"The 28 of August. 1728.—Then the whole
warrands of all Registers in this Regality were revised and seen
by Hew Markaill, Deput to Ventris Columbine, Inspector Generall
of the Stamp-duties."
Wednesday, the 25th of September, 1728.—David
Rennie, Merchant, Admitted Quarter-Master of this Town by the
Baillier and
sworne de
fideli."
"Tuesday, the 18th Feb., 1729.—John Cram, Maltman,
Admitted Conjunct Quarter-Master with Robert Main in room of
David Rennie deceast, and sworne de
fideli.''
We close these two old books reluctantly. They
are full of local interest to those who care about conjuring up
the past from the facts they set forth. In great contrast to
many other places the government of this district during the
period of Regality appears to have been in every way efficient
and beneficial. But in the north especially, the heads of clans
and feudal lords were said to have obtained complete sway over
their vassals and retainers by the unjust and terrifying
exercise of their powers of criminal and other jurisdiction.
These lords, in the knowledge of the support they could thus
depend on became frequently rebellious against the Government,
even to armed insurrection. The Rebellion of 1745 brought
matters to a crisis. After passing an Act vesting in the Crown
the estates of the insurgent lords of the '45, it was followed
up in 1747 by a general Act abolishing all these heritable
jurisdictions. Henceforth all jurisdictions, powers, and
authorities were vested in the Court of Session and its inferior
Courts. "So ended," says a writer on the subject, "a
system which had been part of the national life since the dawn
of history, and which only perished when it had become quite
incompatible with the •conditions of modern life." |
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