a<^ sex- Qforttcll Htttocraitg Slibtarg atliata, •Nwu ^nrk Pljite Ijiatorual ffiihratrg THE GIFT OF PRESIDENT WHITE MAINTAINED BY THE UNIVERSITY IN ACCORD- ANCE WITH THE PROVISIONS OF THE GIFT The date shows when this volume was taken. To renew this book cony the call No. and give to the librarian. HOME USE RULES AH Books subject to recall All borrowers must regis- ter in the library to borrow books for home use. All books must be re- turned at end of college year for inspection and repairs. Limited books must be returned within the four week limit and not renewed. Students must return all books before leaving town, Officers should arrange for ; the return of books wanted during their absence from town. Volumes of periodicals and of pamphlets are held in the library as much, as possible. For special' pur- poses they are given out for a limited time. Borrowers should not use their library privileges for the benefit of other persons. Books of special value and gift books, _ when the giver wishes it,' are not allowed to circulate. Readers are asked to re- port all cases of books / marked or mutilated. Do not deface bo^-^s by marks and writing. Cornell University Library DA 880.R4H45 2d ser. Selections from the Mg^ iSiiJiiH||||Jl| 3 1924 028 090 102 o«n.o«i HECTOR'S RECORDS OF RENFREWSHIRE. PLAN OF PAISLEY— i4go till about 1545. Reduced from Plan based on the Abbot's Chartulary. n c e in p- p. a- xj !^ /illm-Si'mjiei.WS. '^Sffi'f7iiU-J\''^2Sisdo'/(ide(Co/i't/is^/t/! "rn/£/w/utJu/ft di'c/i /iostriJUo7uist/->y. p^^ ^fi^ Cornell University Library ^^ The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028090102 (SECOND SERIES) SELECTIONS FROM THE utrtttal Hiftortr^ of ILLUSTRATIVE OF THE ADMINISTRATION OF THE LAWS IN THE COUNTY, AND MANNERS AND CONDITION OF THE INHABITANTS, IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES. WITH NOTES INTRODUCTORY AND EXPLANATORY, FAC- SIMILES OF OLD DOCUMENTS, AND PLAN OF PAISLEY— 1490 till about 1545. BY WILLIAM HECTOR, SHERIFF-CLERK. PAISLEY; T, & J. COOK, 3 MOSS STREET. 1878. / '''. /\S\5']5l J. AND J. COOK, STEAM PRINTERS, PAISLEY. {tricatictt. To Sir WILLIAM STIRLING MAXWELL, Bart., Of Keir and PoUok, M.P., LL.D., &c., &c., Eminent as a Legislator and Author and for his valuable public services on several Royal Commissions of enquiry into matters affecting Education and other important National interests, and the Representative of the oldest and one of the most distinguished Families in Renfrewshire, this Volume is, by permission, respectfully dedicated. *,* When this "Volume was passing through the Press, Sir William Stirling Maxwell, to whom it is dedicated, died at Venice, on the isth January last. In one of a series of letters to the author, Sir William says, — " I have been reading your Judicial Records of Renfrewshire with very great pleasure, and now offer you my thanks for the instruction and amusement they have afforded me ;" and in another, " I will have much pleasure in the connection of my name with the second volume, in which you do me the honour of proposing to inscribe it." From the interest thus taken by Sir William Stirling Maxwell in the publication of the Renfrewshire Records, as well as for other personal reasons, the author has much cause deeply to deplore his loss. Sir William Stirling Maxwell's wise and liberal conduct and opinions as a statesman, secured to him much deserved influence in Parliament, where he long represented his native county of Perth. By his death, Scotland has lost its foremost literary man, a most munificent patron of art, and warm and most sincere advocate of the cause of education. In his more private relations he was kind and always accessible, an excellent landlord, and an intelhgent and successful agricul- turalist. To all matters of local interest he was ever ready to give his personal attention and sound advice. He represented the two ancient and influential families of Keir and PoLLOK ; and his public services, recognised and rewarded by his Sovereign, were by his countrymen and the Government highly estimated and gratefully acknowledged. The Author. March, iSyS. wP?!^^^'^^^ i H g PREFACE IN the Record Rooms of the various Counties in Scot- land, for the reception of Judicial Records for preserva- tion and reference, there is an unwrought mine of valuable and interesting documents, embracing the elements of National and Local History, which have been accumulating since 1748, when the Sheriffs of Counties came, by the Act of George II. abolishing Heritable Jurisdictions in Scotland, to be appointed directly by and made responsible to the Crown. By that Act, the whole Judicial Records of the Courts of the Heritable Sheriffs and Baillies of Barony thereby abolished were also directed to be transferred to the custody of the Sheriffs appointed under it, and in many cases this provision of the statute was fulfilled. From the absence of sufficient accommodation, however, or through want of due appreciation of their value, these older Records, as well as the Records of the Sheriff Courts since accumulated, have, in many Counties, been improperly and carelessly buried in holes and corners, from which their resurrection for preservation and publication, so far as historically important, has become a matter of public interest well worthy the attention of the Government. So lately as 1873, the Judicial Records of the County of Renfrew were found to be in great part huddled together in a confused heap on the damp stone floor of the Record Room at Paisley, where, without arrangement or inventories, PREFACE. and covered with dust, they were fast going to decay from neglect and damp; many of the judicial proceedings and some of the Registers of Writs being already amissing, and the bindings of the Registers and Court Minute Books falling from them, and the whole contents of the place in a condition altogether unsatisfactory and discreditable. In that year, the author of this volume was appointed Sheriff-Clerk of the County; and, on entering upon the duties of the office, found it necessary to decline taking possession of the Records, or to be held responsible in any way regard- ing them, so long as they were allowed to remain in their then condition. But through the influence and active aid of Patrick Fraser, Esquire, Sheriff-Depute, and after consider- able correspondence with the Lord-Clerk Register, the Com- missioners of Supply, and the Court House Commissioners of the County, authority and funds were at length given to the Sheriff-Clerk to put the Record Room and its contents, so far as not amissing or destroyed, into proper condition. In carrying out this important, and, to him, very congenial duty, the Sheriff-Clerk had occasion to examine and arrange a large mass of old documents throwing light on the litiga- tion and administration of the law in the Courts of the Hered- itary Sheriff and Baillies of Barony, and also on the manners and habits of the inhabitants of the County, and other matters of local and historical importance; and believing that these might interest the public, he selected, and annotated, and published portions of them in the public press weekly dur- ing the last three years. The period of time to which these publications mostly refer — 1680 to 1750 — was a most interesting one in Scottish history. The Country had long endured the tyranny and persecution of the Stuarts, but had secured, by the revolu- tionary settlement, civil and religious freedom and the PREFACE. enactment of just and merciful laws, and began to recover from a condition of great prostration and poverty in all its interests. The documents published in our first volume were such as to be likely to gratify the taste of the antiquary, and help the student of political and social science in his in- vestigations into the history of that eventful period, as well as useful to the general public for reference. In 1875, a call was made for such of these papers being collected and published by subscription ; and a series of them accordingly appeared in the following year, and a large impression was disposed of The publishers have been urged to print a second series; and the present volume being largely subscribed for, is now presented to the subscribers and the general public. The author gratefully acknowledges the assistance he has received in compiling both volumes from James Caldwell, Esq., Clerk of Supply ; David Semple, Esq., F.S.A.; Rev. James Mercer Dunlop, Pollokshaws; and John Cook, Esq., Editor of the Paisley and Renfrewshire Gazette, by loans of books and otherwise ; and he has been encouraged to per- severe in his work by the favourable notice of the first volume by the Newspaper Press, and the commendations of many correspondents whose opinions he highly appre- ciates. The author is quite aware that a work, such as this, which offers few inducements of an amusing or popular description to the general reader, requires an apology for its publication ; and he can only plead that, finding much to amuse and interest himself in the documents passing, in the course of their arrangement, through his hands, he has presumed to think that many of his readers may find, in the selection he has made from these antiquarian and dry- as-dust documents, and his hurriedly prepared annotations, an interest somewhat akin to his own. At all events, the PREFACE. documents he has ventured to pubHsh being neglected and hid from the pubHc, he hopes to be excused in now present- ing them, although unhappily, they may be held by the more critical to be rather "more curious than important." The contents of the volume, the author is aware, are not such as to attract the general reader, but those rather who are interested in antiquities. His chief object in the com- pilations now completed has been to prompt others, who, like himself, have the opportunity as custodiers of public records, to follow his example, and "go and do likewise," feeling strongly, as he does, that this is a duty which they owe to the public of the various Counties in Scotland, and one which, on no account, they ought to shrink from — as well as the still greater and more important duty of calling on those bound to provide sufficient accommodation for the safe custody and careful preservation of County Records, to make such provision in the form of Fire Proof and well-ventilated Record Rooms, which his enquiries enable him to say are very generally needed. ^ontetitg. Section I. COUNTY REPRESENTATION, FREEHOLDERS, &c. PAGE Parliamentary Representatives of Renfrewshire : First Period, 1593 to 1707, 9 Second Period, 1707 to 1832, 12 Third Period, 1832 to 1874, 18 British Parliament — Election of Representative from the County, and Commissioner from the Burgh of Renfrew, 1727, 20 The County Election of 1734, 25 The Freeholders OF Renfrewshire, 1747 to 1831, 31 Striking of the Fiars, 40 Renfrewshire FiARS, 1754 to 1875, 45 Section ll. OLD COUNTY FAMILIES AND ESTATES. Napiers OF Blackstone, 51 Walkinshaws of Walkinshaw, 55 Walkinshaw OF "that Ilk's" Doctor's Bill, 1712-20, 58 Semples of Balgreen, 62 Hows OF Damtoun and Penneld, 65 M'DowALLS of Castlesemple, 67 The Estate of Houston, 72 Section III. COUNTY COURTS. The Administration of the Law, 76 The Sheriffs'of Renfrewshire, 1680 to 1730, 79 Remarkable Sentence by THE Sheriff, 1685, 81 Oppressive Punishment foe Common Assault, 1687, 84 Conflicting Heritable Jurisdictions and Consequent Oppression OF THE Lieges, 86 CONTENTS. PAGE Reprehensible Condonation of Crime by Law Officers, 1867 90 Oppressive Prosecution and Sentence against the Multurer of Seedhill, 1693, 93 Scandalous Sentence for Petty Theft, 1709, 98 Iniquitous Prosecutions under the Game Laws, 1716, loi Continuance op the Prosecution in other Parishes, 105 Outrageous Penalty for the Rescuing of Recruits at Kilbar- chan, 109 Prosecution for Brawl on the Highway, 1716, H2 Killing a Horse, Charged in Criminal Libel as Murder, 1721, ... 115 Vindictive Punishment of Three Paisley Weavers, 1749, 118 Court Procedure in Civil Cases, 121 Summary Process for Debt, 1745, 124 Moderation in a Lawyer's Bills, i 7 i 6 and i 747, 1 26 What Litigation became after Heritable Jurisdictions had been Abolished, 129 A Two Years' Plea regarding a Church Seat, 1748, 131 Protracted Litigation in a Case for Rent, 1750, 133 Section JV. SOCIAL CONDITION AND MANNERS OF THE PEOPLE, 1680 TO 1770. Introductory Observations 136 Rough Manners AT Kilbarchan Manse, 1685, 138 Liquors IN Common Use, 1787, 141 Brutal Night Assault, 1687, 143 Retention OF Strayed Cattle, 1687, 146 Sheep Stealing, 1689, 148 Slander and Evil Speaking, 1697, 151 Prevailing Poverty of the Population, 1698, 154 Domestic Expenditure, 1701, 158 Attempted Damming of A Stream and its Results, 1702, 160 Travelling in Scotland in 1703, 162 The Educational Condition OF THE County, 1688-1750, 165 Queer Bee Case IN Pollokshaws, 1705, 168 Feued between THE Tenants OF Farms OF Henderston, 1707, 171 Brawl at Paisley Fair, 17 16, 173 CusTOM-HousE Officer Mobbed by Women, 1717, 175 Reprehensible Assaulting of a Dancing Master in Port-Glasgow, 1720, 178 Rowdyism in Port-Glasgow, 1720, 180 Outfit AND Tocher OF A Farmer's Daughter, 1724, 183 Clandestine Marriage — Its Penalties in 1731, 186 Rough Treatment OF A Fellow Tradesman, 1745, 188 Infliction of Personal Chastisement by a Paisley Merchant, 1749, 190 Amenities of Agricultural Life in Kilmalcolm, 1750, 194 Trade Combinations in 1773, 196 CONTENTS. Section V. PRISONS AND PRISONERS. PAGE State of Prisons and Treatment of Criminals, 1747 to 1820, 205 Sale of Malt Liquors in Prisons, 210 Incarceration for Debt, Desertion from the Army, etc., 215 Irregularities in the Incarceration and Liberation ofPrisoners, 218 Section VI. THE BURGH OF PAISLEY. The Situation of the Town, 223 Plan of Paisley — 1490-1545, 227 The Cart and its Tributaries, 229 Streets and Roads, 233 Names of Original Feuars, 235 Tenure by Booking in the Burgh of Paisley, 240 The Yett House of Paisley Abbey, 245 Section VII. MISCELLANEOUS. An Edict OF the Protector, Oliver Cromwell, 1656, 251 The Voluntary Principle, 1659, 253 Scotch Coins — David II. to Queen Anne, 258 Section VIII. RENTS, PRICES, Etc., 1730 to 1750. Introductory, 261 Rents of Maillings or Farms in Lower, Middle, and Upper parts of Renfrewshire, 262 Houston Estate, Tenants and Rents, 1731, 265 Funeral Expenses of Sheriff Semple, 1726, 275 Valuation of Lands IN Lochwinnoch Parish, 1731, 279 Plenishing of Castlesemple, 1748, 282 Rent Roll of the Blackstone Estate in 1749, 288 Furniture and Plenishing of Blackstone House, 1751, 291 Farm Stock, Produce, Etc., 1730 to 1750, 294 Price of Horses, 296 Dairy Stock, 1730 to 1750, 298 Servants' Wages, 1730 to 1750, 300 Prices of Articles for Personal or Domestic Use and Miscel- laneous Articles, 1730 TO 1750, 301 ILLUSTRATIONS. Plan of Paisley, 1590- 1545, (From the Plan based on the Abbot's Chartulary), To face Title page. View OE Yett House OF Paisley Abbey, ,, p. 250 FAC-SIMILES. Signatures OF Renfrewshire Landowners, ,, p. 51 — Sheriffs OF Renfrewshire, ,, p. 76 Sheriff's Precept for Summoning Freeholders to Elect Member FOR County, 1 741, „ p. 31 JUDICIAL RECORDS OF RENFREWSHIRE. SECTION I. COUNTY REPRESENTATION, FREEHOLDERS, &c. JTirst pcrioO, 1593 to 1707. HE historians of that remarkable period of Scotch history from the close of the reign of James VI. to the Revolu- tion in 1688, tell us that so far from seeking to gratify their ambition by a seat in the estates of Parliament, the Commissioners sent to represent the barons or freeholders were wont rather to regard this distinction as imposing on its possessors a grievous and unbearable burden. The rent rolls of the aris- tocracy were in those days limited in amount, and the opportunity of travelling to Edinburgh otherwise than on horseback with a retinue of servants and horses, was impossible in the absence of all public conveyances from any part of Scotland to the Metropolis ; whilst living in Edinburgh entailed an expenditure altogether dis- proportioned to their limited incomes, and considerably greater than in their country mansions. Few of the landowners, therefore, other than those holding the largest territorial possessions, cared to attend the estates of Parliament, or to take part in the making of the laws found now in the statute book. It must be borne in mind, too, that the laws of that time were, as a rule, made to crush out the liberties, civil and religious, of the people of Scotland, by subjecting them to numerous and unprecedentedly cruel and oppressive penalties, including even that of death itself, for offences wholly disproportionate to the pvmishment inflicted; while many of the proprietors of land in the West of Scotland sympathised with, and in some instances suffered, for covenanting principles, JUDICIAL RECORDS OF RENFREWSHIRE. against which the laws we refer to were chiefly enacted. It cannot be supposed therefore, that, independently of the inconvenience and cost of attendance in Parliament, they would be over desirous to attend, or to take any active part with the Crown, the nobles, and the dignitaries of the Church in making such laws ; and to this feeling probably, quite as much as to the mere matter of expense, their reluctance to go to Parliament as Commissioners may be attributed. In beginning our Second Series of County Records, we have thought that a list of the Parliamentary Representatives of Renfrew- shire, from 1593 downwards, would be exceedingly appropriate; and in the present paper we append the names of the Commissioners appointed by the barons and freeholders of the County of Renfrew to represent them in the estates of Parliament, and who were personally present in the various Parliamentary sessions from 1593 to 1707. On two occasions between these periods — 1640 and 1663 — we find the county was not represented; while, on others, the number of Commissioners varied from one to three. It may also be remarked in passing, that nearly all the representatives for Renfrewshire were from the same families as have, from those early days to the present time, given most of the county representa- tives to the Imperial Parliament ; and, further, that after the advent of William and Mary, at the Revolution, the representatives of the county were, for a number of Parliaments, chosen from families of covenanting principles, — the Maxwells of Pollok, Cunninghams of Craigends, and Caldwells of that Ilk. LIST OF COMMISSIONERS From the County of Renfrew, sent by the barons and freeholders to the Scotch Estates of Parliament, from 1593 to 1707. James VI. 1593. 10 July. — Lairds of Houstoun and PoIIok. 1617. 27 May. — Lairds of Pollok and Castlemilk. 1621. I June. — Laird of Foulewood (FuUwood). Charles I. 1633. 18 June. — Sir Archibald Stewart of Blackball, and Patrick Fleyming of Barochan. 1639. 26 Aug. — Lairds of Houstoune and Newark. 1640. 19 Nov. — No Commissioner for County. Andrew Semple, for Burgh of Renfrew. 1643. 22 June. — Cunninghame of Craigane, and John Schaw of Greenock. 1644. 4 June. — John Brisbane of Bishoptoune and John Schaw of Greenock. 1645. 26 Nov. — Lairds of Houstoune and Caldwell. PARLIAMENTARY REPRESENTATIVES OF RENFREWSHIRE. 1 1 Charles II. i66i. I Jan. — Sir Archibald Stewart of Blackball and the Laird of Houstoune, Younger. 1662. 8 May. — Sir Archibald Stewart of Blackball. 1663. 18 June. — No Commissioner for this County, and Ayr and Bute also unrepresented in this Parliament. 1669. 19 Oct. — Sir Archibald Stewart of Castlemilk and John Schaw of Greenock. 1670. 29 July. — Sir Archibald Stewart of Castlemilk and John Schaw of Greenock. 1672. 22 June. — John Schaw of Greenock. 1673- 22 Nov. — Sir John Schaw, Greenock. 1680. 28 June. — William Hamilton of Orbiestown. Sir John Shaw of Greenock. James VII. 1685. 23 April. — The Laird of Orbieston and the Laird of Houstoune, Younger. 1686. 29 April. — The Laird of Orbieston and the Laird of Houstoun, Younger. William and Mary. 1689. S June. —Sir John Maxwell of Pollok. William Cunninghame of Craigens. 1690. 15 April. — Sir John Maxwell and Cunninghame of Craigens. 1690. 3 Sept. —Sir John Maxwell of Pollok. William Cunningham of Craigens. John Caldwell of that Ilk. j 1693- 18 April. —Sir John Maxwell of Pollok. William Cunninghame of Craigens. John Caldwell of that Ilk. William. 1695. 19 May. —Sir John Maxwell of Pollok. William Cunningham of Craigens. John Caldwell of that Ilk. 1696. 8 Sept. — Sir John Maxwell of Pollok. John Caldwell of that Ilk. 1698. 19 July. — Sir John Maxwell of Pollok. John Caldwell of that Ilk. 1700. 21 May. —Robert Pollok of that Ilk. 1700. 29 Oct. —Robert Pollok of that Ilk. Alexander Porterfield of that Ilk. John Stewart, Younger, of Blackball. Anne. 1702. 9 June. —Robert Pollok of that Ilk. Alexander Porterfield of that Ilk. i 1703- 6 May. — Sir John Houstoune of that Ilk. John Stewart, Yr., of Blackball. Robert Pollok of that Ilk. 1704. 6 July. — Sir John Houstoun of that Ilk. John Stewart, Yr., of Blackball. Robert Pollok of that Ilk.. JUDICIAL RECORDS OF RENFREWSHIRE. 1705. 28 June. — Sir John Houstoun of that Ilk. Sir Robert PoUok of that Ilk. 1706. 3 Oct. — Sir John Houstoun of that Ilk. Sir Robert Pollok of that Ilk. The session of 1706 was the last of the Scots Estates of Parlia- ment. In that year, union with England was sanctioned by an Act then passed and consummated; and the representatives of the county, elected by the barons and freeholders, were thereafter sent to the Imperial Parliament. In the paper immediately succeeding, we give the names of the county members, from the Union in 1707 to the passing of the Act for the representation of the people of Scot- land in Parliament, in 1832 ; and in that following, the representa- tives of the County under the Act of 1868, for the amendment of the representation of the people of Scotland, and the Ballot Act of 1872. ^arliammtatg Mcptcsentatibfs of 1SenfreiBsi)ire. StconO perioB, 1707 to 1832. LTHOUGH the freeholders or landowners of the county had been averse to take the position of Commissioners from the barons and freeholders to the Scottish Estates of Parliament, there seems to have been no difficulty in finding one of the local aristocracy to consent to represent the county in the British Parliament, even when the inconvenience and cost of travelling, and residence in London, must have been much greater than was incurred in attending the Scotch Parliaments at Edinburgh. The Government of the United Kingdom, and the Legislation of the British Parliament for half a century after the Union, would seem to have been in ac- cordance with the political views of the freeholders of Renfrew- shire, as, until 1768, there was no such party feeling among them as to lead to the representation of the county being contested. Politics, however, became more exciting in the latter half of the century; and in this year, 1768, the county was contested by Sir John Shaw Stewart of Greenpck and William M'Dowall of Castle- PARLIAMENTARY REPRESENTATIVES OF RENFREWSHIRE. 13 semple, when the latter was returned by a pluraUty of the freeholders present at the election. The names or number of the Electors, how- ever, are not given in the minutes. Mr. M'Dowall held the repre- sentation till 1774, when Mr. John Crawford of Auchenames was unanimously elected, and continued member till 1780, when John Shaw Stewart of Greenock was unanimously elected by 42 free- holders. Mr. M'Dowall was again elected in 1783, and also in 1784. Party spirit was again keenly manifested at the election in 1786, when the meeting of freeholders was unusually large, and John Shaw Stewart was chosen by 64 votes, against 44 given for Mr. M'Dowall. This election brought out that intense party feeling which was almost continuously thereafter shown at every election ; and on the return of Mr. John Shaw Stewart a protest was taken by the freeholders who voted for M'Dowall, against the pro- ceedings of a meeting of the freeholders held a few days previous to the election, on the alleged ground that many just claims for enrolment had been rejected, and objections to freeholders, impro- perly retained on the roll, disregarded. In 1790, John Shaw Stewart was re-elected by 2 2 votes, against 2 1 given for Alexander Cunningham of Craigends. In 1796, there was present at the election 20 freeholders, and Boyd Alexander of Southbar was unani- mously elected. In 1802, Mr. M'Dowall was again unanimously elected by 25 freeholders present; and again unanimously in 1806, by the 24 freeholders who then attended ; and again, in 1807, Mr. M'Dowall was elected by 31 votes, against 17 for Mr. Archibald Speirs of EldersUe. Mr. M'Dowall, who had so often represented the county, died in 1807, and his services were gratefully and unanimously acknowledged by a Resolution of the Freeholders at their Head Court, and they were also commemorated by a monu- ment to his memory, erected by the county in the Abbey Church at Paisley. From 1807, the Whig interest predominated in the county; and we therefore find that, in 1810, Archibald Spiers was elected by 31 votes, against 15 given to Boyd Alexander of Southbar, and 8 for Archibald Campbell of Blythswood. In 1812, Mr. Spiers was again elected by 39 votes, against 17 for Mr. Boyd Alexander. In 1818, John Maxwell, Younger of Pollok, was unanimously elected by 49 of the freeholders present; and in 1820, Mr. Archibald Spiers was elected by 60 votes, against 52 for Sir William Milliken Napier of Milliken. In 1826, Mr. John Maxwell was again elected, there being 35 freeholders present. In 1830, 14 JUDICIAL RECORDS OF RENFREWSHIRE. Sir Michael Shaw Stewart of Ardgowan, Baronet, was unanimously elected ; and in 183 1, on the motion of Sir John Maxwell of Pollok, seconded by Alexander Spiers, Younger of Elderslie, 33 freeholders again elected Sir Michael Shaw Stewart of Ardgowan, Baronet, — this being the last time the freeholders exercised their right of election, they being superseded in 1832, by the passing of the Act for the representation of the people in Scotland. The examination of the minutes of the meetings of the free- holders of the county afford abundant evidence that, until 1770, they took little interest in the politics of the time, and merely discharged their statutory duty of sending a member to represent the county in the House of Commons. Even the drain of the national resources for wars in which the country was little inter- ested, and the costs of which were grievously burdensome, failed to stir them into activity. In 1770, only one freeholder, and, in 1771, two, attended the Michaelmas Head Court, when the roll of freeholders was re- vised ; and few, if any, claims for admission to the roll, or objections to names on the roll, were considered. It was otherwise, subse- quently, when political feeling was roused by such events as the de- claration of American Independence, — the French Revolution, — and the war with France, — when the great amount of political discontent in the country led for its suppression to Legislation of a character now held to have been alike oppressive and unjust. By this time the freeholders of the county had become disunited in opinion, and party warfare was keenly and persistently waged in order to obtain political ascendency in the county and to secure its representation for party objects. As an example of how the freeholders, or rather the county, was influenced by the politics of the thirty years from 1770 to the end of the century, and the desire for pohtical power among the aristocracy of the county, it may be stated that while, before 1770, few claims other than those of heirs of the barons and freeholders were made for admission to the freeholders' roll, or objections urged against those on the roll who had been denuded of their right, numerous claims and objections came to be re- gularly brought under the consideration of the freeholders at their annual Michaelmas meetings ; and so far was this carried, that, to get names expunged, as many as a dozen actions in the Court of Session were at one time raised by the two political parties, and enormous sums expended by their leaders in the attempt to main- PARLIAMENTARY REPRESENTATIVES OF RENFREWSHIRE. 15 tain, or if possible to secure, the much-envied power of electing the member for the county. The following table will, to some extent, give an idea of the keenness of the struggle between the Whig and Tory parties, in the decade between 1770 and 1780, — Claims and objections considered by Freeholders — lyyo to lySo. A. D. 1771, None. — 1772, I — 1773. 9 — 1774, 23 — 1775, 20 — 1776, 12 — 1778, 6 — 1779, 12 — 1780, 33 It is unnecessary to multiply examples, but the keenness here ex- hibited continued till near the time of the passing of the Reform Act, when the incurring of trouble and expense for adding to the number of freeholders began to be deemed useless, and was gradually given up. It must be kept in view, when looking at these figures, that the number of freeholders never at any time exceeded 162; and these annual additions to, and expurgations from, the roll, were therefore a large per centage of the total number, and had a most material influence in the elections till near the beginning of this century, when the Liberal interest finally predominated in the county. It may be noticed at this point, that at the Michaelmas Head Court, in 1775, there was laid before the meeting a letter from the Lord Advocate, with copy of a bill intended to be brought before Parliament, entitled, "A Bill for altering and amending the laws " which regulate the qualifications of freeholders entitled to vote in " the election of members to serve for the Commons in Parliament " in that part of Great Britain called Scotland ; " and the meeting, after reasoning on the merits of the bill, and the alterations proposed thereby, resolved, by a majority of voices, " that the said bill pro- " posed was inadequate, and therefore they rejected the same, and " appointed their preses to acquaint the Lord Advocate of their " resolution." Thus the spirit evoked by the political events of the period and the prospective struggles for liberty, of which even then murmurs began to be heard over the kingdom, made the freeholders resist as insufficient the small modicum of reform presented to them by the Lord Advocate. 1 6 JUDICIAL RECORDS OF RENFREWSHIRE. The following is a tabulated list of the Representatives of the County of Renfrew in Parliament, with the dates of their election, from the Union in 1707 to the passing of the Act for the better representation of the people in Scotland in 1832 ; — List of Elections, Representatives, and Catididates, — I'^oy-iSji. 1707. 23 Oct. — Sir Robert Pollok of that Ilk, Unopposed. 1708. 8 July. — Sir John Schaw, Bart., of Greenock, do. 1 7 10. 25 Nov. —Sir Robert Pollok, Bart., do. 1710. 12 Nov. — Sir Robert Pollok, Bart., do. 1715. 1 7 Mar. —Sir Robert Pollok, Bart. , do. 1722. 10 May. — Major Thos. Cochran of Craigmuir, do. 1727. 28 Nov. — Sir John Schaw, Bart., do. I734- 13 June. — Alexander Cunningham of Craigends, do. 1741. 25 June. — Alexander Cunningham of Craigends, do. (Mr. Cunningham died in 1 742. ) 1742. 28 Dec. —William Mure of Caldwell, do. 1747- 24 July. — William Mure of Caldwell, do. 1751. 29 April. — William Mure of Caldwell, do. 1761. 19 April. — Patrick Crawford of Auchinames, do. 1768. 7 April.— William M'Dowall of Castle Semple. (Elected by a majority over Sir John Shaw Stewart of Greenock. Numbers of votes not recorded.) 1774- 24 Oct. — John Crawford of Auchinames, Unopposed. 1780. 30 Sept. —John Shaw Stewart of Greenock. do. No. of voters present, 42 1783- 21 May. — William M'Dowall of Garthland, do. PARLIAMENTARY REPRESENTATIVES OF RENFREWSHIRE. I 7 1784. 1 7 April. — William M 'Dowall of Garthland, Unopposed. 1786. 19 Oct. — John Shaw Stewart of Greenock, 64 William Macdowall 44 Majority for John Shaw Stewart, ... 20 1790. 24 July. — John Shaw Stewart of Greenock, 22 Alexander Cunningham, Craigends, 21 Majority for Mr. Stewart, i 1796. 13 June. — Boyd Alexander of Southbar, Unopposed. No. of voters present, 20 1802. 23 July. — Wm. Macdowall of Garthland, do. do. 25 1806. 29 Nov. — Wm. Macdowall of Garthland, do. do. 24 1807. 29 May. — William Macdowall of Garthland, 31 Archibald Speirs of Elderslie, 17 Majority for Mr. M 'Dowall, 14 1 810. 2 May. — Archibald Speirs of Elderslie, 31 Boyd Alexander of Southbar, 15 Archibald Campbell, Blythswood, 8 Majority for Mr. Speirs, 16 1812. 1 2 Nov. — Archibald Speirs of Elderslie, 39 Boyd Alexander, 17 Majority for Mr. Speirs, 22 1818. 13 July. —John Maxwell, Yr. of Pollok, Unopposed. No. of voters present, 49 1820. 21 Mar. — Archibald Speirs of Elderslie, 60 Sir Wm. Milliken Napier, of MiUiken,.. 52 Majority for Mr. Speirs, 8 1826. 7 July. —John Maxwell, Yr. of Pollok, Unopposed. No. of voters present, 35 1830. J3 Aug. —Sir Michael S. Stewart, Bart., do. 1831. 2 Aug. —Sir Michael S. Stewart, Bart., do. No. of voters present, 33 C JUDICIAL RECORDS OF RENFREWSHIRE. The election of Sir Michael Shaw Stewart, in 1831, was the last at which the freeholders of the county exercised the privilege so long held by them, of sending commissioners to the Scotch Estates of Parliament prior to the Union in 1707 and thereafter to the Imperial Parliament, this privilege being taken from them by the Reform Act of 1832, and transferred to the proprietors of heritages of the yearly value of ^10, and the tenants or occupants of heritages rented at or of the yearly value of ;!^5o. The names of the free- holders on the roll, in 1833, were transferred to the register of voters for the county, in terms of the Act ; the privilege of voting with the other electors of the county newly created, being reserved to them so long as they held their qualification as freeholders. ^arliamcntarg M^presentatibps of §£lenfreb)si)lre. Effivti pmo», 1832 to 1874. S we have stated, Sir Michael Shaw Stewart, Bart., was the last elected member for the county prior to the passing of the Reform Bill of 1832. He had supported Earl Grey's Government, and voted for the Reform Bill, and had otherwise zealously and faithfully served the county as its representative ; and it was felt by the new constituency, enlarged by said Bill from 132 to 1480, that Sir Michael had the very strongest claims upon them to be their first member, and they accordingly elected him by a very large majority in a contest with Robert Cunninghame Bontine, Esquire, who came forward as the candidate of the extreme Liberals. The following is a list of candidates for the representation of the county since 1832, number of the constituency, and the number of electors who voted from 1832 to 1874 : — 1832 — Constituency, 1480. Candidates. Votes. Sir Michael Shaw Stewart, »□,-,' Robert Cunninghame Bontine, of Ardoch, 412 Majority for Sir Michael 288 PARLIAMENTARY REPRESENTATIVES OF RENFREWSHIRE. I 9 1835- Sir Michael Shaw Stewart, elected unopposed. 1837 — Constituency, 2068. George Houstoun, Esq. of Johnstone, Sir John Maxwell, of PoUok, Baronet, 8u 637 Majority for Mr. Houstoun, 17s 824 1837 — Constituency, 2068. 704 Majority for Mr. Houstoun, 120 1841 -^ Constituency, 2336. 959 Colonel William Mure, of Caldwell, 945 Majority for Mr. Stewart, 14 The death of Mr. Stewart caused another election in 1 846 — Constituency, 2308. Colonel Mure, elected unopposed. 1847— Constituency, 2330. Colonel Mure, re-elected unopposed. 1852 — Constituency, 2501. Colonel Mure, re-elected unopposed. 1855 — Constituency, 2640. Sir Michael R. Shaw Stewart, of Ardgowan and Blackhall, elected unopposed. Bart., 1857 — Constituency, 2702. Sir Michael R. Shaw Stewart, Bart., re-elected unopposed. 1859 — Constituency, 2877. Sir Michael R. Shaw Stewart, re-elected unopposed. 1865 — Constituency, 2440. Captain Archibald Alexander Speirs, of Elderslie, Sir Michael R. Shaw, Stewart, Baronet, ■ 938 . 826 Majority for Captain Speirs, 112 1 868 — Constituency, 3571. Captain Speirs, of Elderslie, re-elected unopposed. By the lamented death of Captain Speirs, an election took p 1 869 — Constituency, 3724. The Rt. Hon. Henry Austen Bruce, Home Secretary, elected ace in unopposed. JUDICIAL RECORDS OF RENFREWSHIRE. 1873 — Constituency, 4572- Colonel Archibald Campbell Campbell, of Blythswood, 1855 Colonel William Mure, of Caldwell, 1677 Majority for Colonel Campbell, 1 7^ 1874 — Constituency, 4839. Colonel William Mure, of Caldwell, I99I Colonel Archibald Campbell Campbell, of Blythswood, 1 903 Majority for Colonel Mure, 88 The elections from 1869 were conducted under the Act estabhsh- ing vote by ballot. But this particular mode of election, that, as was supposed by its advocates, would prevent objectionable can- vassing of electors and the use of undue influence upon them, utterly failed in these objects ; and never has the county been more closely and keenly canvassed, or greater public interest taken in the result, than in the elections of 1873 and 1874. The operation of the Ballot Act on these occasions, was certainly not such as to realise any hopes which the candidates or the electors might have entertained of its salutary influence in reducing the great expense of Parliamentary contests. 13ritisi) paiUament— lEleftion of l^fijwsentatibe from ti)e Otounts, anti arommlssioner from tf)e iSurgf) of i^enfrtto, 1727. HROUGHOUT the first seven years of the eighteenth century, the feeling of jealousy and enmity — the growth of many ages — held by the people of Scotland towards their English neighbours, was roused into fierce activity by the agitation for a Union of the kingdoms of Scotland and England. As if dreading a national calamity, the people through- out the length and breadth of Scotland were greatly excited, and loudly proclaimed their utter detestation of any closer political con- nection with England than then existed. This hostihty to Union was not confined to any one class, but pervaded the entire people of Scotland, from the highest nobleman to the lowest peasant, who BRITISH PARLIAJIENT — ELECTION, I 7 27. were alike led to believe, and adopted the opinion, that such a union would carry with it not only the loss of national indepen- dence, of which the Scotch were jealously and intensely proud, but also a sacrifice of the interests of their country, — commercial, social, and religious, — in favour of England. It is difficult now, looking at the results of the Union, so beneficial to Scotland, to discover why Scotchmen, who have never been accused of want of shrewdness or foresight, or regard for their individual or national interests, did not perceive and grasp at the advantages which Scotland, com- paratively a poor country, was likely to derive from a more intimate relation with a nation so much wealthier and populous than their own. The reason, we suppose, must be found in the fact of the English being looked upon by the Scotch as their natural enemies, whom it had been their wont in past ages to approach more fre- quently with the harquebuss, the battle-axe, the pike, or the sword in hand, rather than the olive branch. This hereditary animosity had, no doubt, cooled down since the accession of their king, James the Sixth, to the English throne, and consequent in- crease of intercourse for upwards of a century between the two countries, and also by the Revolution Settlement, which had brought the people of the two nations into greater harmony, by re- moving religious difliculties that had long embittered their relation to each other. But notwithstanding of all these healing influences, never was the hereditary jealousy and enmity of Scotland towards England more bitterly or keenly exhibited by the Scotch people, than when their nationality was supposed to be threatened with extinction by an amalgamation of their ancient kingdom with England. The terms of this Union had for several years prior to 1707 been the subject of negotiation by Commissioners, ap- pointed by the Scotch Estates of Parliament and the English Par- liament ; and in that year these most important negotiations were brought to a close by an agreement as to the basis of the Union, contained in " The Articles of the Union." These articles, con- sisting of twenty-five chapters — afterwards embodied in the Act of Union passed by the Scotch Estates of Parliament on i6th January, 1707 — when they were published, roused the people of Scotland into a state of excitement never equalled in the history of their country ; and quite a storm of indignant dissatisfaction was raised, not only against " The Articles of the Treaty of Union," but also against the Union itself, with a view to prevent the acceptance of JUDICIAL RECORDS OF RENFREWSHIRE. the "Articles of the Treaty of Union" by Parliament, and their being passed into law. It is interesting to notice the manner in which this national feeling found expression. In the Estates of Parliament, Lord Belhaven, one of the most powerful and strenuous opponents of Union, declared that when he considered this affair of an Union, his mind was crowded with melancholy thoughts, for he saw a free and independent kingdom delivering up the power to manage its own affairs without being controlled by others. He saw a national Church, founded on a rock, descending into a plain on an equal level with Jews, Papists, Socinians, Anabaptists, Quakers, and Independents ; and a noble Peerage, whose valiant predecessors led and supported armies, divested of their followers, and placed on a footing with their vassals ; and peers, whose ancestors exacted tribute from England, walking in Courts of Request like so many attorneys, laying aside their swords when in company with English peers, lest, being provoked by their insolence, self-defence should be called murder ; the Royal estate of Burghs also, bowed down under disappointments, walking their desolate streets, wormed out of their trade ; and, describing the awful fate and dreadful punish- ment of a parricide during the Roman Empire, his Lordship de- clared patricide to be infinitely more infamous, and a much greater crime, and thought that punishment was greatly due to the Duke of Queensberry, who had led the movement for Union. And, in con- clusion, his Lordship, appealing to the Estates of Parliament, emphatically called on them to crush this cockatrice's egg (the Act of Union), and all would yet go well. The Marquis of Annandale declared that the nation was altogether against incorporation with England ; and the Duke of Hamilton, supporting Annandale's statement, said — Shall we yield in half an hour what our forefathers maintained with their lives and fortunes for ages ? Was there none present of those patriots who defended the liberties of Scotland against all invaders, or who aided and fought with Bruce ? Where were the Douglases and the Campbells ? — where the Peers and Chieftains ? — where the Barons, once the bulwarks of the nation ? Should they yield up that independence which those they repre- sented commended them to preserve ? But, alas ! neither the eloquence of Belhaven, nor the impassioned oratory of Hamilton, nor the fears for the future of Annandale, nor the violence of mobs who surrounded the Parliament-house, nor the tumults created over tlic kingdom, evincing the general hostile feeling of the people. BRITISH PARLIAMENT — ELECTION, I 727. 23 were sufficiently influential to prevent the articles of the Treaty of Union being agreed to by the Scotch Estates of Parliament, or their passing, on the i6th January, 1707, the Act of Union em- bodying the articles, and thereby for ever binding the two kingdoms into one, under the name of Great Britain. Looking back to this stormy period, and the feeling of the Scotch people regarding the Union, it is curious that Lord Belhaven, when, with remarkable eloquence, he was denouncing its realisation, is stated to have declared that if the Duke of Queensberry, the Com- missioner of Queen Anne to the Scotch Estates of Parliament, suc- ceeded in carrying the Union, and it should prove all that his Grace prophesied it would be for the welfare and happiness of Scotland, then should his Grace have a statue of gold, for he would greatly merit it. How far Queensberry's prophetic anticipations have been realised, every reader of history is aware. The indepen- dence of the ancient kingdom of Scotland, if lost at all, has been only in name, while, substantially, all its rights and liberties have been preserved, and all its material interests greatly promoted ; for the prosperity of Scotland has kept pace with, and in some respects has out-run, that of England. But, nevertheless, the excessive use of the influence of the Crown, the corruption, bribery, and other unscrupulous means used by its promoters in Parliament for the ac- comphshment of Union, as recorded by historians, mark many blots on their pages. Yet, were it possible that the effects of the Union could now be seen by Belhaven, he would doubtless decree his imagined golden statue to Queensberry. By the 20th chapter of the Articles of the Treaty of Union, em- bodied in the Act of Union, 1707, it is provided "That all heritable offices, superiorities, heritable jurisdictions, offices for life, and juris- dictions for Hfe, be reserved to the owners thereof as rights of pro- perty, in the same manner as they now are enjoyed by the laws of Scotland, notwithstanding of this treaty." And by the 21st chapter, it is provided " That the rights and privileges of the Royal Burrows in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof" The rights of the Heritable Sheriff of Renfrewshire, the Earl of Eglinton, being thus preserved to his Lordship, His Majesty George the First, when he ascended the British throne, issued brieves or writs on loth August, 1727, commanding the assembly of the first Parliament of Great Britain to be holden at Westminster upon the 24 JUDICIAL RECORDS OF RENFREWSHIRE. 28th day of November, 1727, and by writ directed to the Sheriff of Renfrewshire, he was required to summon the Freeholders and Barons of the County to meet and elect a knight of the shire, most discreet and sufficient, to represent the County in Parliament ; and also the Magistrates of the Royal Burgh of Renfrew, to elect a Commissioner for choosing a burgess for the class and district of the respective Burghs therewith joined, of the most discreet and sufficient, freely and indifferently, for representing their class or district of Burrows in the Parliament called by His Majesty, by advice and consent of his Council, for certain difficult and urgent affairs concerning His Majesty and the State, and defence of his kingdom of Great Britain and Churches thereof. According to these writs, received by the Sheriff-Principal of the County, his Depute, John Maxwell of Williamwood, issued precepts requiring the Freeholders and Barons, and the Lord Provost, Bailies, and Council of the Burgh of Renfrew, to meet for the purpose of elect- ing a representative in Parliament for the County and also a Com- missioner for the Burgh, who should act in concert with the Magis- trates of the " Burrows " of Glasgow, Rutherglen, and Dumbarton, in electing a representative in Parliament for that class or district of " Burrows." These precepts of the Sheriff, the first we find any notice of in the County Records, for the election of representatives to the British Parliament, are curious historical documents ; and we append one of them — that directed to " The Lord Provost, Bailies, and Council of Renfrew " — to our present notes. It will be observed that this precept is directed to the Lord Provost of Renfrew, a title which the Chief Magistrate of that Burgh does not appear now to use, although it seems to have been recognised and used by Sheriff- Depute Maxwell in 1727, in an important official document. PRECEPT OF THE SHERIFF. By John Maxwell of Williamwood, Sheriff-Depute of the Shire of Renfrew. Showmg, That whereas, by one breive or write issued furth of his majesties chancery of great Brittain, directed to the Hie Sheriff of the county of Renfrew, for electing members to the Insueing parliament mentioning Because, by advice and consent of his majesties councills, for certain difficult and urgent affairs con- cerning his majesty and the state and defence of his kingdom of great Brittain and churches thereof, his majesty has ordered his parliament to be holden at the city of Westminster, upon the twentie eight day of november next and there to treat and conferr with the other members of parliament of the sd kingdom ; THE COUNTY ELECTION OF I 734. 25 therefor commanding and strictly injoining the sd Sheriff to cause elect out of every royal burgh within the sd Shire a commissioner for choosing a burgess for the class and district of the respective burghs therewith joined, of the most dis- cret and sufficient, freely and indifferently for representing their respective classes or districts of burrous in parliament, which breive or write bears test the tenth day of Agust, in the first year of his majesties reign : In obedience to which breive and statuts relative thereto, You, the Lord provost, baillies, and councill of the burgh of Renfrew are hereby required and commanded to elect a commissioner, as you were formerly in use to do, to the parliament of Scotland, and to order your sd commissioner so elected to meet at the burgh of Dumbarton, the presiding burgh of the sd class or district for the time to which you belong, upon the ninth day of September next, being the thirtieth day after the said writ bears test, and there, with the commissioners of the other burghs of your district, make choice of a burgess to represent the sd class or district to which you belong in the parliament to be holden day and place forsd, conform to the tenor of the sd breive or write direct for that effect, and statuts made and provided thereanent in all points. Given under my hand at Williamwood, this thirtieth day of Agust, seventeen hundred twenty and seven years. JO: Maxwell, Sheriff- Dept. 5ri)e (ffountg IBlection of 1734- ISTS of the names of Commissioners to the Scotch Estates of Parhament from the County of Renfrew from 1593 to 1707, and of members to the British Parhament from r 707 to 1874, have been given in the immediately preceding papers; and as a corollary to these lists, we append a copy of the pro- ceedings of a meeting of the barons and freeholders of the county held at Renfrew on the 30th May, 1734, to choose and elect a knight or baron to serve and represent the county in the Parliament of Great Britain, ordained by His Majesty George the Second to be holden at Westminster on the 13th June following. Of the free- holders on the roll, twenty-three appeared at the meeting; and " the question being put who should be knight and representative " in Parliament for this shire," the freeholders present " did unani- " mously elect Alexander Cunningham of Craigends to attend and " serve for the said shire in the Parliament to be holden at West- " minster the thirteenth June next to come, giving and granting to " the said Alexander Cunningham full power for, and on behalf of D 26 JUDICIAL RECORDS OF RENFREWSHIRE. " himself and of the said whole county or shire, to do and consent " to those things which in the said Parliament should, by common " counsel and consent, happen to be ordained and appointed." From the Craigends family, one of the oldest and most influential in the county. Commissioners to the Scottish Estates of Parliament were elected on six occasions between 1642 and 1696, and again in 1734 and 1741 one of the same family was elected to represent the county in the British Parliament. Several members of the family also unsuccessfully contested the representation at elections subsequent to 1741. The appointment of Commissioner to the Scotch Estates of Parliament, although one of dignity and importance, and always held by members of the most influential aristocratic families, was, as we have already observed, not coveted so much as the position of county representative in the British Parliament. Still, from what we find recorded in the minutes of Craigend's election in 1734, it appears that members sent from Renfirewshire to the British Parliament required payment from the county for their services to cover the great expense which they were put to in travelling to London with a retinue of servants and horses, in absence of any public conveyance, as well as the increased cost of living there during the sitting of Parliament. Craigends, at his election in 1734, seems to have been the first to regard the dignity and honour of the position of member for the county to be a sufiicient recompense for any pecuniary sacrifice he was called on to make in fulfilling its duties, and he generously came under the following obligation to the freeholders to relieve the county of the customary fee : — " I, Alexander Cunninghame of Craigends, com- " missioner, elected to serve in Parliament for the shyre of Renfrew, " do hereby bind and oblige me to serve in ParHament for the said " shyre gratis, and without any fee from you, and discharge " the shyre thereof for ever, as witness my hand at Renfrew, the " said thirty day of May, and year foresaid. (Signed) Alexr. " Cunninghame." There are some ardent reformers of the present day who, to improve the representation, would lower members of Parliament to the position of mere delegates by paying them fees ; but probably few of these parties are aware that they are only advocating a return to an old custom, to which Craigends, with laudable magnanimity, seems to have put a stop in this county, as no allusion is made to such fees in the minutes of any sub- THE COUNTY ELECTION OF 1 734. 27 sequent election. In this fact of payment of a fee to our county representative in 1734, as contrasted with the enormous sums now freely expended by canditates for the honour of representing the county in Parliament, we have an evidence of the great change that has taken place in regard to the estimate of Parliamentary honours ; and it is not going beyond the mark to say that the sum frequently now incurred to secure this much coveted position would, in the 17 th century, have purchased the fee simple of a large estate in the county. No less remarkable is the change from the very small number of electors on the freeholders' roll in 1731 to the 4385 electors on the county register of 1875. Such contrasts and changes are as wonderful as they are instructive ; and surely the preservation of the archives of counties, abounding in information so valuable alike to the social and political econo- mist and the historian, ought to be objects of careful attention, and their destruction as much as possible prevented by those who have the custody of them. The following is a full copy of the proceedings at the election of Alexander Cunningham of Craigends in 1734 as representative in Parliament of the county : — ' ' Sheriff's Precept for conveening the Freeholders to elect a Knight to serve in Parliament, 1734. "By John Maxwell of Williamwood, Sheriff Dept. of the County of Renfrew : "That whereas by ane Breive or writt issued furth of his Majesty's chancery of Great Britain, directed to the Sheriff of the said county, mentioning that by advice and assent of his Majesty's council for certain arduous and urgent affairs touching his Majesty and the State, and defence of his kingdom of Great Britain and churches thereof, his Majesty has ordered a Parliament to be holden at the city of Westminster, the thirteen day of June next ensuing, there to treat and conferr with the prelats, great men, peers, and other commissioners of the realm : Therefore, commanding and strictly injoining the said Sherriff that im- mediately after due notice first given, cause ane knight, girt with a sword, most fitt and discreet of the said county, be elected by the freeholders of the said county who shall be present at such election, conform to the tenor and contents of the said Breive or writt, which bears test the eighteen day of Aprile last, and aggreeable to the laws and statutes made and provided relative thereto, in obedience to which Breive of the said John Maxwell, as Sheriff Deput of the said county, hereby appoint Thursday, the thirtyeth day of May instant, to be the day for the Election of the knight for the said county : and hereby ordains due and lawful! intimation to be made to the hail freeholders haveing right to vote in the said election of a knight for the said county to be certifyed thereof by 2 8 JUDICIAL RECORDS OF RENFREWSHIRE. open proclamation at the Mercat Cross of Renfrew, head burgh of the said county, upon Saturday, the twenty-fifth day of May instant, at the ordinar time of day, and by leaveing and affixing upon the said Mercat Cross a true double of this my precept, and likeways by open proclamation at ilk ane of the most patent doors of the haill churches within the said county, and by leaveing and affixing coppies hereof upon the haill respective church doors upon Sabbath next, the twenty-sixth instant, in the ordinar time of day, to conveen in the Tolbooth of Renfrew the said day, betwixt mid-day and two afternoon, in that room where the Sheriff Court is in use to be held, in order to elect the said knight for repre- senting the said county in the Parliament, time and place forsaid, conform to the laws and statuts made and provided relative to the said Election and the tenor of the said Breive or writt in all points of the date forsaid, and commits the execu- tion of this my precept to you, my officers, coully and feally to be execute, in the precise terms above directed : Given under my hand at Williamwood, this twenty-third day of May, seventeen hundred thirty and four years. "Jo: Maxwell, Shr. Dept." II. "Execution by Andrew Craig, officer, Greenock, of the Sheriff's Precept, 1734- ' ' Upon the twenty-sixth day of May, seventeen hundred and thirty-four years, I, Andrew Craig, officer, be vertue of ane precept from John Maxwell of Williamwood, Sheriff-Depute of the County of Renfrew, dated the twenty-third day of May instant, proceeding on ane write direct to him furth of his maties Chancery of Great Britain, for Electing ane Knight girt wt sword, of the most fitt and Discreet of the sd County of Renfrew, to Represent in the Parliament ordered to be held at Westminster, the thirteen day of June next, past to the most patent door of the Parroch Church of Greenock, the sd day being ane Sabbath day and yrat in tyme of dismissing the congregation from the forenoons sermon after pronouncing the Blessing, having made three sevll audible oyzess and publickly read and proclaimed the forsd precept, I made due and lawfull Intimation that the sd Sheriff had appointed Thursday, the thirtyeth day of May instant, to be the day for Electing the sd Knight for the sd County, and that the haill Barrons and freeholders who had power and Right to Vote in the sd Election were to meet and conveen the sd day at the Burgh of Renfrew, head Burgh of the sd County, wt in the Tolbooth yrof in the ordinar time of day, in order to Elect ye sd Knight to represent them in the sd Parliament. This I did, after the form and tener of the sd precept in all points, whereof I left and affixed ane just Copy upon the most patent door of the sd Church, signed with my hand, bearing the date of Leaving and affixing yrof, being the date hereof, witnesses names and designations, yrin insert, present yrat, hereto subscribing, and the year of God at length, befor those witness, Robert M'Alester, sheriff officer in Greenock, and William Clark, wreight there. "Andrew Craig, Officer. "Robert M'Alester, Witness. "William Clark, Witness. THE COUNTY ELECTION OF I 734. 29 III. "Minute of election of Alexander Cunninghame of Craigends, knight for this shyre, to serve in Parliament, 1734." " Att the Burgh of Renfrew, and within the Court hall thereof, the thirty day of May, seventeen hundred and thirty-four years, betwixt the hours of twelve mid-day and two in the afternoon : " Which day, being the day appoynted by the Sheriife-deput of Renfrew, by virtue of his maties Breive or WTit direct to the said Sheriife ffor Causing Choose and Elect a Knight at Barron to serve and represent the said shyre in the Parliament of Great Brittane, ordained by his matie to be holden at Westminster, the thirteen day of June next to' come, convened within the said Court hall, the Honble, persons afternamed, all Barrens and (freeholders in the said shyre, viz. : — Sir Hew Montgomery, of Skelmorly. James Hamilton, of Aikenhead. Sir John Maxwell, of Pollock. Robert Hall, of Ffulbar. Alexr. Porterfield, of yt Ilk. Colin Campbell, of Blythswood. Alexr. Cochran, of Craigmuir. James Dunlope, of Househill. Robert Alexr., of Newtone. John Maxwell, of Williamwood. James M 'Gilchrist, of NorthbaiT. Alexr. Porterfield, of Ffulwood. Sir James Hamilton, of Rosehaugh. William Ffleming, of Barrochan. Sir Archibald Stuart, of Castlemilk. John Walkuishaw, of yt Ilk. George Houston, of Johnston. Alexr. Cuninghame, of Craigends. William Caldwell, one of ye present baillys of Paisley, as Delegate from the Toun of Paisley by Commission produced, dated the twenty- sevene of May inst. and sustained. And the Breive or writ to direct to the sd Sheriif-dept. , and the Sheriffs precept thereon, with examination yrof being produced before the meeting and the same read over, and the Sheriffe having sworn & signed the oath agst Bribery & Cor- ruption, and for making a Due return, the saids Barrens & Ffreeholders as they who were enrolled voted at former elections. Did proceed to Elect and chose their preses and Clerk, and Did accordingly make Choice of the sd Sir Hugh Montgomery to be their preses. And Alexr. Wallace, Sheriffe Clerk of ye sd Shire, to be their Clerk, who Did take and swear the oath of alleadgence to his matie and sign ye same wt ye assurance in obedience to Acts of Parliat, And the sd Alexr. Wallace Did also swear & sign the oath agst corruption and bribery and for making Due returns, in terms of ye statute, and the meeting being so constitute, the haill forenamed Barrons and Ffreeholders Did qualifie ymselves by taking and swearing the oath of alleadgence and signing the same with the assurance. 30 JUDICIAL RECORDS OF RENFREWSHIRE. ' ' Compeared John Hamilton, of Grange, who claimed to be enrolled and ad- mitted to vote at this Election, as Heir to his Father, Alexander Hamilton, of Grange, deceased. "Compeared also Patrick Craufurd, of Auchenames, who claimed to be enrolled and to vote as heir of his Father, Patrick Craufm-d, of Auchenames, deceased. ' ' Compeared also Rodger Oswald, of Fingleton, who craved to be enrolled and to vote as Heir of his uncle, Dr. George Oswald, deceased. ' ' And also compeared William Cochran, of Fergusly, who claimed to be en- rolled and to vote as Heir of his brother, John Cochran, deceased. "And their being noe objection made against the sds apparand heirs being admitted, the meeting unanimously appointed them, the sds John Hamilton, Patrick Craufurd, William Cochran, and Rodger Oswald, to be enrolled & ad- mitted & hereby admitt ym to vote, and accordingly the sd four apparand heirs took the oaths of alleadgeance & signed the same wt ye assurance. ' ' Then the meeting proceeded to the Election of a Knight or Ban-on to repre- sent the said Shyi-e and to serve in Parliament, and the Roll being called and the question putt, M'ho should be Knight to represent in Parliat for this Shyre, the meeting, including the said apparand heirs. Did unanimously Elect the said Alexr. Cuninghame, of Craigends, to attend & serve for the said Shyre of Ren- frew in the Parliament to be holden at Westminster, the thirteen day of June next to come. Giving and granting to the said Alexander Cuninghame full pouer for and on behalf of himself & of the said whole County or Shyre, to Doe and consent to those things which in the said Parliament shall, by Common Councill and consent, happen to be ordained, And appoint & ordain the said Alexr. Wallace, Clerk to ye said Election, to Give Extracts hereof, and to return the name of ye sd Alexander Cuninghame, of Craigends, Elected as sd is To the Sheriffe Princl. or Deput of ye sd Shyre and County of Renfrew, That he may annex and return the same with the Breive or writ to ye sd Sheriffe direct, as by ye statute yranent is Directed. " Hugh Montgomerie, Presses." "I, Alexander Cuninghame, of Craigends, Commissioner Elected to serve in Parliament for the Shyr of Renfrew, Doe hereby bind and oblige me to serve in Parliat for the said Shyre Gratis and without any ffee from ym, and Discharges the Shyre for ever, as witness my hand at Renfrew, the said thirty Day of May, & year forsaid. " Alexr. Cuninghame." IV. ' ' Oaths against Bribery and Corruption. "I, John Maxwell, of Williamwood, Sheriffe-Dept. of the County of Ren- frew, doe solemnly swear that I have not directly nor indirectly receaved any sum or sums of money, office, place or imployment, gratuity or reward, or any bond, bill, or note, or any promise or gratuity whatsoer, by my self or any oyr to my use or benefit or advantage, ffor making any return at the present election of a member to sei-ve in Parliat, and yt I will return such person or persons as shall, to the best of my judgment, appear to me to have the majority of loyall votes, "Jo: Maxwell." " I, Alexander Wallace, Sheriffe-Clerk of Renfrew, as Clerk to the election of a Commissioner to serve at the Parliat, appointed to be held the thirteen of June next, doe solemnly swear that I have not directly nor indirectly receaved Facsimile of Sheriff's Precept For Summoning Freeholders to elect Member For County, 1741. /j^^^yft^Q y^-c^ y^ /iS.>^-^ /^^79- ^^ ^if^ ff-yt. / '*<^ / ^»~ ^^-t ^ ^yy^ <^ y7T zYr^^'^: /^ff- |9^; ^zt-t: -t..f :'^^.AvzPyj'^^ ^-^a^ -^r^^/Lz i^:^i.:^L. £4 ^f-^^ THE FREEHOLDERS OF RENFREWSHIRE. 3 I any sum or sums of money, office, place or imployment, gratuity or reward, or any bond, bill, or note, or any promise or gratuity qtsoer, and by my self or any oyr to my use or benefit or advantage, ffor making any return at the present election of a member to serve in Parliat, and yet I will return such person or persons as shall, to the best of my judgment, appear to me to have the majority of loyall votes. "Alexr. Wallace." V. ' ' Indenture remaining for the use of ye County, 1 734. ' ' This Indenture, made at the Burgh of Renfrew, in the County of Renfrew, the thirtieth day of May, one thousand seven hundred and thirty-four years, and seventh year of the Reign of our Sovereign Lord George the Second, by the grace of God, King of Great Britain, France, and Ireland, between John Max- well of Williamwood, Sheriff- Deput of the said County, on the one part, and Alexander Wallace, Sheriff Clerk, of the said County, clerk elected to the effect after-mentioned by the Electors and Freeholders of the said County, on the other part, witnesseth that according to the form and tenor of the writ of our Sovereign Lord to this Indenture annexed, and after Proclamation duely made at the Mercat Cross of the said Burgh of Renfrew, head-burgh of the said County, and at the haill Parish Churches of the same County as use is, the Electors and Freeholders of the said being conveened in the Court- hall of the Burgh of Renfrew, did all unanimously, and in one voice, after making and subscribing the oaths appointed by the statutes in that behalf made and provided, elect and choise Alexander Cunningham of Craigends, a knight resident in the said County, girt with sword, of the most fit and discreet of the said County, and gave and granted to the said Knight full and sufficient power for himself and the haill Community of the foresaid County to do and consent to all things which then and there by the common counsel of the King- dom, with God's assistance, shall happen to be ordained upon the affairs speci- fyed in the said writ ; in testimony whereof to one part of this Indenture re- maining with our Sovereign Lord the King, the above Parties have sett their hands and seals to be annexed to and returned with His Majesty's writ aforesaid, direct to the said SheriflC, and to the Counter-part of this Indenture remaining with the said Clerk for the use of the County, the said Sheriff-Deput hath sett his hand and seal, place, day, month, year of God and King's Reign above- written. " JO: Maxwell, Shr. Dept." ^\it jTreefjoltrfts of Mjnfrci»si)ire, 1747 to 1831. HE earliest evidence we have found in the County Records of the meetings of the freeholders of Renfrew- shire, who, as we have seen, held the high and exclusive privilege of electing the Parliamentary representatives of the county, is that of the year 1747 ; but from an imperfect index 32 JUDICIAL RECORDS OF RENFREWSHIRE. of their proceedings we can observe that minutes of their meetings existed, and formed part of the County Records ; but from the year 1733 till 1747, they are now amissing. The minutes we have found show, amongst other things, the pro- gressive increase of the freeholders who had the representation of the county in their hands from 1748 to 1831. The annual additions to the freeholders' roll, marking the value attached to the privilege of voting as electors, show the growing interest taken in politics in the county, and the keen contention of political parties to obtain sufficient ascendancy to secure the return of the member for the county. In the year 1748, not much more than a century ago, the election of the representatives of Renfrewshire was in very few hands. In that year, the freeholders only numbered thirty-nine — and were exclusively of one class, the landowners or Barons. The voice of the people, at this period, was not in any way re- garded in the choice of the Parliamentary representatives of counties, and, if possible, even less so in the burghs, where the system was still more close and exclusive, and open, moreover, to gross corruption. After, however, the declaration of Inde- pendence by the United States of America and the outbreak of the French Revolution, attention came to be given to the consideration of constitutional questions ; and the discontent of the people at being deprived of all voice in the choice of representatives in Parliament, and the popular cry of " No taxation without representation," began to make itself heard. In recollection of these facts, an inquiry into the former state of the Parliamentary franchise is not wholly unimportant ; while, as a matter of history, it is certainly interesting to know and to keep in view the fact that, commencing with 39 freeholders in 1748, and even with only 140 in 1830, the Parliamentary constituency of this county has so increased since 1831 that the electoral roll of 1876 bears the names of no less than 5023 quali- fied electors. In the appended minute of meeting of freeholders in 1747, our readers will find the names of the thirty-nine landowners in whose hands was the election of the Parliamentary representative of the county; and an examination of the Ust will enable any one to perceive how exclusive was the class to whom this important trust was then confided. It may, however, be here remarked that Renfrewshire, THE FREEHOLDERS OF RENFREWSHIRE. under the imperfect and unjust system that existed previous to 183 1, sent to Parliament representatives in almost every respect similar, as regards the class from which they were selected and their fitness for the position, as they now are under the more liberal and extended system. But, of course, there is now the controlling power of a general and secret vote to keep the general conduct of the representatives of the county in accord with the opinions of their constituents. It may further be observed that per- haps as much as, if not more than, any county in Scotland, Renfrewshire, under the old and unreformed constituency, sent representatives not less eminent for social position and ability than their willingness to advocate liberal principles and popular rights. In the year 1 748, an addition of two names, — Gabriel Porterfield of Nether Dennistoune, and James Campbell of Blythswood, — was made to the roll of freeholders, thereby increasing the number on the roll from 39 to 41. This is the first notice we have of a Campbell of Blythswood, at least so designed, being placed on this roll, although this family then and has since occupied a prominent and influential position in the county ; the present proprietor, Archibald Campbell Campbell, having been, in 1873, elected by the consti- tuency of his native county to represent them in Parliament. His grand-uncle, Archibald Campbell of Blythswood, long represented the cluster of Burghs, of which our county town, Renfrew, was one, which sent a member to Parliament prior to 1831, and he was not less remarkable for his personal influence in St. Stephens than for the high respect in which he was universally held in the county as a noble specimen, alike in his personal appearance, manner, public spirit and usefulness, of a country gentleman. The following are copies of the minute of the Michaelmas Head Court of the freeholders of the County of Renfrew, in 1747, already referred to ; and those acquainted with the county will not fail to observe that of the 39 freeholders and landed proprietors recorded on the roll of freeholders, few bearing their names now hold posses- sion of the estates on which their forefathers qualified as freeholders. Indeed, we can only recognise those of Sir John Maxwell of Pollok, William Fleming of Barochan, Ludovic Houstoun of Craginfeoch, Sir Michael Stewart of Blackhall, William Cunningham of Craigends, Sir John Schaw (Greenock), James Milliken of Milliken, Sir Robert Pollock of that Ilk, William Mure of Caldwell, William M'Dowall of 34 JUDICIAL RECORDS OF RENFREWSHIRE. Castlesemple, and John Brisbane of Westlands, as being represented by successors of their family names : — Minute of Meeting of Freeholders, 1^47. At Renfrew, the thirty-first day of October, 1747, to-day being the second Tuesday after Michaelmas, and the said second Tuesday being the anniversary day for holding the Michaelmas Head Court for the Barons of the shire of Renfrew to revise their roll, the following freeholders, Sir John Maxwell of Pollock, James M'Gilchrist of Northbar, and John Somerville of Arclestoun present. Elect Sir John Maxwell Presses, and Elect Archibald M'Gilchrist, writter, son to James M 'Gilchrist of Northbar, Clerk to the Barons and their Michaelmas Head Courts, to continue during the Barons' pleasure, with power to name Deputies, for whom he shall be answerable ; and the Court being lawfully fenced, the Sheriff-Clerk's Register, wherein is inserted the minutes of the last Election of a Member of Parliament on the 24th July last, was produced, and the Barons proceeded to revise the roll of Electors. The Barons having revised the Roll, expunge Lord George Grahame, now deceased, from the said Roll, and ordain the haill other Electors to continue on the Roll, and the following Roll to be the Roll of Electors for the shire of Renfrew, made up at this Michaelmas Head Court : — Sir John Maxwell, of Pollock. Alexander Cochrane, of Craigmuir. James M'Gilchrist, of Northbarr. Alexander Porterfield of Fulwood. John Graham, of Dougalstone. John Hamilton, of Grange. Mr. James Graham, of Allans, Advocate. Sir James Hamilton, of Rosshall. William Fleming, of Barrochan. Sir Archibald Stewart, of Castlemilk. John Walkinshaw, of that Ilk. The Elder Bailie of Paisley. Mr. Hugh Crawfurd, of Calderhaugh, Semple. John Walkinshaw, of Walkinshaw. Ludovic Houstoun, of Craigenfeoch. Sir Michael Stewart, of Blackhall. William Cochran, of Ferguslie. Archibald Campbell, of Elderslie. Alexander Montgomerie, of Colsfield, in right of his Lady, for Lochlibo side and Hartfield. William Cvtnningham, of Craigends. Mr. William Wallace, of Arthurlie, Advocate. Mr. Alexander Finlayson, of Boghall. James Hamilton, of Aitkenhead. Mr. Hugh Stewart, of Gryfe Castle. Hew Crawfurd, of Browns, Calderhaugh. Sir John Schaw, of Greenock. THE FREEHOLDERS OF RENFREWSHIRE. 35 John Cochrane, of Waterside. James Ballantyne, of Kelly. Patrick Cra\rfurd, of Auchinames. James Miliken, of Miliken. Mr. James Hamilton, of Boghouse, Advocate. Sir Robert Pollok, of that Ilk. Mr. William Mure, of Caldwell. John Brisbane, of Westlands. CoUonell William M'Dowall, of Castlesemple. William M'Dowall, of Glen. John Maxwell, of Blawarthill. John Somervile, of Arclestone. George Buchanan, of Hillington. And a claim of Gabriel Poterfield, of Hayland, for being entered in the roll as qualified in virtue of his rights therein mentioned, being considered, the Barons, as the writes doe not mention the four pund land of Nether Denis- toun, on which he claims to be of old extent, find that until further advise- ment he ought not to be now received on the roll. John Maxwell, Preses. At Paisley, the seventeen day of Dec, seventeen hundred and forty-seven years. The above minutes of the Barons, as wrote on this and the two preced- ing pages, were by the above Archibald M 'Gilchrist, Clerk, presented and duly registrat in the Sheriff Court Books of Renfrew Shyre, by Alex. Wallace, Clk. Excerpt from minutes of meeting of Freeholders for County of Renfrew at Michaelmas Head Court, 1748. And sicklike compeared James Campbell, of Blythswood and produced to this meeting ane Charter of Resignation of the lands of Inchinnan and Miln thereof, Newshots Isles in Gryfe within the Floodmark, and lands of New Shotts and Miln thereof lying within the Parish of Inchinnan and Shyre of Renfrew, granted by His Royal Highness Frederick Prince of Wales and Barons of Exchequer in favours of the said James Campbell of Blythswood, under the Prince's Great Seal, dated 26 July, 1745, written to the Great Seal and Registrat the thirty day of June, 1746, and Sealed at Edinburgh the 7th July said year. Item, the said James Campbell his Instrument of Sasine following yron under the subscription of Robert Barclay, Nottar Public, dated 21 October, 1746, and recorded in the Register of Sasines for the Shyre of Renfrew said day— also produced ane certificat under the hands of James Marshall, Sheriff-Clerk of this Shyre, an- nexed to a claim for the said James Campbell for his enrollment upon the Writs foresaid, also produced ane Certificate under the hands of David King, Deputy Collector of the Cess for the Shyre of Renfrew, with James M 'Gilchrist of North- bar and John Somerville of Park, two of the Commissioners of Supply for the Shyre of Renfrew, attesting the said James Campbell's valuation for the lands of Inchinnan to be Nine hundred Punds Scots, and for the lands of Castlehill, King's Meadow, &c.. Sixty Punds Scots, which certificats are dated this day, and the said James Campbell claims to be enrolled by virtue of the said Wrytes 36 JUDICIAL RECORDS OF RENFREWSHIRE. in respect of the valued^rent of the said lands exceeding Four Hundred Funds Scots of Valuation. There being no objections made against the enrollment, unanimously appointed him to be enrolled, and hereby do admit him as Free- holder, and Elector for the Shyre of Renfrew. From the minutes of the freeholders' meetings, from 1747 to 1765, we find the number of freeholders on the roll never ex- ceeded 43, who represented the large estates in the county, and as their owners had the requisite amount of valuation to qualify them for being placed on the roll. From the last mentioned year, we learn, from other sources, that their number gradually increased, until 1825, when it reached 162, and that it thereafter declined to 140 in 1831. The steady annual increase of the roll from 1765 down to 1825, gives some idea of the continuous struggle of the two great political parties to obtain the ascendency on the freeholders' roll, and thereby to secure the representa- tion of the county, to which we have already alluded. For this object, the creation of freehold qualifications in fee or life-rent, but chiefly the latter, by division of the valued rent of the county, was carried almost to its utmost limit. In no county in Scotland, according to its population and valuation, was this contention carried farther, or greater pecuniary sacrifices made to obtain party ascendency. It is now curious to glean from the freeholders' minutes the particulars of this contention, as shown in the claims for enrolment on both sides, the objections thereto, and the legal arguments by which these were supported, occupying, as they often did, hundreds of pages, followed by pro- tests of the failing party, and often resulting in protracted litigation in the Supreme Court. It was almost impossible that pohtical strife so keen, accompanied as it was by enormous cost, should not have engendered family and personal hostility ; but even when this was attempted to be avoided by careful disassociation of politics from the affairs and intercourse of private life, certain famihes in the county, both Whig and Tory, closely associated together for purely pohtical party purposes, and to members of these famihes the representation of the county fell, according to their strength on the roll of free- holders, and was lost or gained not unfrequently by the narrowest possible majority. Latterly, however, the combination of the leading Whig families in the county obtained the ascendency ; and, from 1 810, Renfrewshire was, until 1831, represented by members of influential Whig families. THE FREEHOLDERS OF RENFREWSHIRE. 37 Except at the election of the county Parliamentary representative, the freeholders seldom assembled in large numbers, not even at the County Head Courts; and on at least two occasions — 1769 and 1804 — no Michaelmas Head Court was held, while other meetings were sometimes composed of the chairman alone, or of two or three freeholders. The business, unless on very rare occasions, was con- fined to the revising of the freeholders' roll, and imposing the county assessments ; and only about the end of the last and beginning of the present century did the freeholders muster in any strength, even when the admission of claims for enrolment and objections were discussed. There was, however, as the freeholders were quite aware, the check of the interposition of the Court of Session when apparent injustice was done to claimant or objector through party feeling, and there v-^as therefore little dread of the freeholders being led to act otherwise than in strict conformity with the law, although the meetings sometimes, from the effervesence of party feeling, were somewhat stormy. The meetings of the free- holders were always interesting to the general public, as here ex- pression was given to the popular sentiment on political and other questions of importance which could not elsewhere be so well ventilated. Among the questions that occasionally occupied their attention was agricultural distress, regarding which we find, in 1822, that the freeholders " strongly recommended the attention of the " member for the county to this most important subject, and to the " necessity for a meeting of delegates at Edinburgh to concert " measures for the general good." In these days of free trade in corn and other articles of commerce, we naturally smile at the evident impression of the freeholders that the prosperity of the agricultural interest depended on the maintenance of a high price of grain. Prior to 1824, the meetings of freeholders for the election of a member for the county in Parliament were held in the Parish Church of Renfrew. By 1830, however, the agitation of the question of Parliamentary Reform was approaching to fever heat, and, a new election being imminent, the heritors and kirk session of the parish, remembering the stormy nature of the immediately previous election, and the damage done to the church, refused longer to give the use of it for election purposes ; and at a meeting of the freeholders, on the motion of Mr. Speirs of Elderslie, who was one of the principal heritors and joint-patron of the parish, it was resolved that the free- 38 JUDICIAL RECORDS OF RENFREWSHIRE. holders should provide another and more suitable place for the coming election. On 2nd August, 1831, when the freeholders met for the last time for the exercise of the privilege they had enjoyed since the Union of Scotland with England, in 1706, of electing a member for the county to the British Parliament, there were thirty-three freeholders present, with Mr. Speirs of Elderslie as chairman, when, on the motion of Sir John Maxwell of PoUok, Baronet, seconded by Mr. Alexander Spiers, younger, of Elderslie, Sir Michael Shaw Stewart of Ardgowan and Blackball, Baronet, was unanimously elected. At the Head Court of the freeholders, held the same year on nth October, Sir John Maxwell was unanimously elected preses, and the number of freeholders on the roll fixed at one hundred and thirty- six, whose names now stand on the freeholders' records as the last of their number who had the exclusive choice of the county member. Thereafter, the meeting was resolved into a joint meeting of free- holders and Commissioners of Supply, when Mr. John Maxwell, younger of Pollok, rose and stated " that in consequence of the calamitous result of the Reform Bill, he felt it to be his duty, and one of the most important that had ever devolved on him, to move the county to vote an address to the King, which he read to the meet- ing," and of which the following was the prayer : — " The Freeholders " and Commissioners of Supply of the County of Renfrew therefore " earnestly and most humbly implore Your Majesty to endeavour, " as the father of your people, to carry into law that improvement " of the representative system which has been submitted to, and " approved of, not only by the unrepresented but by the repre- " sented classes of your Majesty's loyal subjects, and to exercise " those prerogatives of the Crown which your Majesty holds as a " trust for the good of the people, in the manner and degree in " which they may be necessary to prevent the passions and preju- " dices and interests of any part of the community from obstructing " your Majesty's Government in realising the just, avowed, and " seasonable desires of your Majesty's loyal and dutiful subjects of " Great Britain and Ireland." Mr. Spiers of Elderslie seconded the address, which was opposed by Mr. Smith of Jordanhill, who contended that " the meeting was taken by surprise, and therefore moved the previous question," which amendment was seconded by Mr. M'Dowall of Garthland. Mr. Smith, however, declined to divide the meeting on the question, and the address was agreed to THE FREEHOLDERS OF RENFREWSHIRE. 39 without opposition. Mr. Wallace of Kelly afterwards moved — " That in the opinion of this meeting it is of the highest importance " to the interests of the country at the present eventful crisis, that " Earl Grey and his colleagues should not resign office." This pro- posal was unanimously carried, and it was agreed that a copy of the resolution of the meeting should be presented to Earl Grey. On a requisition from the householders in Paisley, it was by the meeting of Freeholders and Commissioners of Supply further resolved that a general meeting of the county should be called for an early day, to take into consideration the question of Parliamen- tary Reform. This meeting was afterwards held in front of Elderslie House, and was one of the largest and most influential ever held in the county, and in commemoration of it a large Silver Medal duly inscribed was presented to Mr. Speirs. Freeholders, iy4y-i8j2. The following is the number of freeholders on the Freeholders' Roll of Renfrewshire, each year, from 1747 to 1831, as fixed at the annual Michaelmas Head Court, with exception of the years from 1760 to 1764 inclusive, for which years the Records are amissing from the County Record Room, and the years 1769 and 1804, when, from failure of attendance, no Head Courts were held. Year. No. Year. No. Year. No. Year. No. 1747 39 1769 No Meeting. 179I 102 1813 78 1748 40 1770 75 1792 99 1814 80 1749 40 1771 70 1793 95 1815 91 1750 36 1772 70 1794 90 1816 96 1751 35 1773 73 1795 94 1817 119 1752 35 1774 90 1796 90 1818 133 1753 31 1775 105 1797 93 1819 143 1754 32 1776 114 1798 91 1820 143 I7SS 34 1777 112 1799 87 1821 154 1756 33 1778 115 1800 87 1822 155 1757 32 1779 107 180I 85 1823 161 1758 30 1780 132 1802 81 1824 161 I7S9 33 I781 129 1803 81 1825 162 1760 1782 128 1804 N Meeting. 1826 147 1 761 3 M 1783 125 1805 77 1827 146 1762 .ll 1784 123 1806 76 1828 145 1763 S§ 1785 "3 1807 76 1829 143 1764 1786 125 1808 68 1830 142 1 76s 43 1787 140 1809 71 183I 136 1766 46 1788 140 1810 77 1832 132 1767 55 1789 134 1811 80 1768 69 1790 128 1812 80 40 JUDICIAL RECORDS OF RENFREWSHIRE. Number of Electors on the County Register, 1832 to 1868 :— Year. No. Year. No. Year. No. 1832 432 1844 2349 1857 2652 1833 ) „ 1845 2363 1858 2669 Old, 132 ;■ 134s New, 1216) 1846 2363 1859 2702 1834 144s 1847 2308 i860 2877 183s 1480 1848 2330 1861 2914 1836 2007 1849 2397 1862 2945 1837 1975 1850 3391 1863 2316 1838 2068 1851 2425 1864 2313 1839 2205 1852 2450 1865 2276 1840 2321 1853 2501 1866 2308 184I 2364 1854 2501 1867 2341 1842 2336 1855 2573 1868 2440 1843 2373 1856 2640 Number of Voters on the Roll, 1868 to 1876 :— Year, No. Year. No. Year. No. 1869 3571 1872 4230 1875 4839 1870 3724 1873 4385 1876" 5023 1871 3969 1874 4572 The above lists of the number of electors show first their increase from 132 in 1832, when the freeholders ceased to have the power of electing the Member for the County, to 1348 in 1833, under the first Reform Act, and their still further increase — 5023 — after the passing of the Act of 1868, when the franchise was ex- tended to ;;£"5 proprietors and ;^ 14 annual occupants. ^triJting of tf)e jpiats. VERY one is aware that in Scotland each sheriff, within his own county, performs annually a statutory duty called " Striking the Fiars ;" but of this ancient custom few know the history or the object sought by its observance. Sheriff Barclay of Perth, in his compendious and highly useful digest of the law of Scotland, says that fiars are the annual average prices of grain in each county to regulate Crown duties, ministers' stipends, and the rents of agricultural subjects, where these are stipulated by leases. STRIKING OF THE FIARS. The first authority we find for fixing the prices of grain for such purposes, is an Act in 1484, of James VI., entituled " Ane Act fcr " suir assignatioun and pament of the levingis and stipendis appoint! t " for ye ministeris of Goddis Word, and eschewing of the abuse of " diversitie of prices." This Act narrates that from non-observance of an Act passed in isSr, "maid anent provision of ministeris. " Quhilk Act, as yit, hes tane Htle executioun, be occaisioun of the " trubhs intervenit sen the making theirof ; and his Majestie and " thrie estatis finding be guid pruiff and experience the skaith and " inconvenient qlk, alsweill his hienes as the maist pt of ye ministrie " sustenis thairby, they being yeirHe w'drawin fra their kirkis to " attend a large space upon the getting of the assignations of )'e " livingis and stipendis modifit to them, and his hienes being " frustrate of ye surperplus of the thriddis of benefices deu unto him " for the supplie of the necessarie effairis of his estate. Thairfoir, " and for eschewing of ye said abuse, and inconvenint in tyme " cuming, our souerane lord, with auise of his thrie estatis in this " present parHament, grantis, and gevis full power and comissioun " to ye lordis auditouris of his hienis chekker to convene how sone " convenientlie they may, after ye end of this present Parliament, " and to considre, appoint, and ordour the estait of ye said kirnk " and stipendia of ministeris within this realme, and to sett and " appoint certane indifferent and comoun prices, als neir as may be " to the feiris of ye cuntries. Alsweill upoun all victualles to be " assignit to ye saidis ministeris in thair levingis and stipendis as " upoun that quhilk sail fall and apertene properlie to his hienes as " superplus qr throw ye greit inequalite, now standing in the forme " of ye modificatioun of stipendis throw ye diversitie of praise may " be avoidit. And that ye said superplus being certane his hienes " may know his apparent commoditie thairof in time cmming; and " that ye saidis auditouris of his hienes chekker at thair guid dis- " cretioun and chois considre appoint and ordur the estates of ye " saidis kirkis and stipendis ; and sett and appoint the saidis prices " of victuallis as the samyn, sail stand of ye onlie yeir and crop Jm. " Vc. Ixxxiiij yeiris instat or for ye same yeirs and V years to cum " qll forder ordour be tane be his hienes with auise of his estatis in " Parliament." The power given to strike fiars' prices by the above-narrated Act to the auditors of the Court of Exchequer, seems to have been carried out by the Sheriffs of Counties; and so early as the year 1723, an F 42 JUDICIAL RECORDS OF RENFREWSHIRE. Act of Sederunt was passed by the Lords of Council and Session, declaring and appointing the manner of striking the fiars by the Sheriffs. This Act was the necessary consequence of a general complaint that the fiars were struck and given out by the Sheriffs without due care and enquiry ; and that, while some Sheriffs proceeded to strike the fiars by way of inquest, without sufficient evidence to submit to the jury, other Sheriffs proceeded arbitrarily and without any inquest, and others entirely neglected to strike fiars, and thereby created great uncertainty, delay, and expense, in the administration of justice. Therefore the Lords appointed and re- quired the Sheriffs of Scotland and their Deputes yearly, between the 4th and 20th February, to summon before them persons living within the Sheriffdom, having knowledge and experience of prices and trade and victuals, to choose fifteen men, eight being heritors, to pass upon the inquest, and return a verdict on the evidence submitted to them in manner thereby directed, or of their own proper knowledge, concerning the fiars of the preceding crops of every kind of victual of the product of that Sheriffdom. And that the Sheriffs and their Deputes should, to the same time and places summon proper witnesses, and other good evidence to be submitted before the jury, concerning the price at which the several sorts of victual had been bought and sold since ist November im- mediately preceding, and also concerning all other good grounds of arguments from whence it might rationally be concluded by men of skill and experience, what ought to be established as the just fiars prices for the said crop ; and further, that the Sheriffs or their De- putes should, on or before ist March, give forth sentence according to said verdict, determining and fixing the fiars prices for the crop preceding of each kind of victual of the product of their Sheriffdom, and forthwith record in their books the said fiars, and their clerks give extracts thereof An examination of the records of the Fiars' Court in Renfrewshire shows that if the practice of the Sheriffs in this county in striking " the fiars of the crops of every kind of victual of the product of " their Sheriffdom " is to be taken as an example of the practice in other counties, the censure upon the Sheriffs, conveyed by the Act of Sederunt, was well merited, for nothing could be more irregular and less satisfactory for carrying out the object of the Act of Sederunt than the manner in which the fiars were struck by them in this county. STRIKING OF THE FIARS. 43 It is the declared purpose of this Act of Sederunt that, for regu- lating payments in grain within each county, the price of grain grown and bought and sold within the county is to be ascertained by each Sheriff, at an annual Fiars' Court held at a prescribed date ; and the justice of so regulating such payments is so obvious, that it is sur- prising to find that, down to the year 1827, the enquiry by the Sheriff of Renfrewshire was not limited to prices of grain grown within his own county, but was extended to all British grain brought into and sold or bought within the county. Of course, the prices of British grain, in the then agricultural condition of the county, would be much higher than those of local growth; and an injustice was thus done to all having grain payments to make within the county, which were calculated on the prices of grain grown therein. It must also be remarked, as another deviation, and an important one, from the rule laid down by the Act of Sederunt, that the Sheriff of Renfrew did not summon an assize or jury to aid him in fixing the fiars till the year 1792, when, for the first time, we find an assize of five jurors called. This continued till, in 1805, the number was increased to six, and, in 1827, to fifteen. It appears from the records that, from 1773 till 1786, one Fiars' Court only was held annually by the Sheriff'. The record is awant- ing from 1786 to 1791. In 1791, the number of courts was increased to twelve annually, and this number continued till 181 9, when the record is again amissing till 1827. In 1827, the number of courts was reduced to one annually. In regard to the evidence taken of prices, we find that, from 1 773 to 1800, witnesses were generally called from various parts of the county, but the larger proportion of them were Paisley shopkeepers or dealers, and, for a number of years, limited to these. After 1800, however, the witnesses were taken from various parts of the county, and from classes best able to give good evidence. Prior to 1798, it was sometimes the practice to ascertain the prices of grain weekly, and to strike an average middling price from the whole fifty two weeks' prices. Down to the year 1830, the fiars' prices of wheat, peas and beans, barley, bere, and oats were ascertained and fixed by the boll, and of oatmeal by the eight stones Troy. But after the passing of the Weights and Measures Act of 5 Geo. IV., chapter 74, and 6 Geo. IV., chapter 12, the fiars' prices of grain were ascertained by the Imperial quarter, and of oatmeal by the boll of 140 pounds Imperial. 44 JUDICIAL RECORDS OF RENFREWSHIRE. In Renfrewshire, since the year 1833, the fiars' prices have been ascertained and fixed with great exactitude by the Sheriff and an assize of 15 jurors, at a court held annually, to which witnesses are called and examined from each parish in the county, these witnesses being the most extensive growers or buyers and sellers of grain, in- cluding millers, brewers, farmers, and grain dealers. The jurors are also assisted by one or more accountants among the jury. In reference generally to the records of the Fiars' Court of Ren- frewshire, we may state that the minutes or any other record of the proceedings at these courts, prior to the date of the Act of Sederunt, 1723, are not now to be found among the Judicial Records of the County in the Record Room. The records, too, from 1733 till 1748, ■when the office of Heritable Sheriff was abolished, are also awanting, and we have therefore no evidence of the manner in which the Lords Semple and the Earls of Eglinton, the successive Heritable Sheriffs of the County, performed their duty of striking the fiars. From 1748 till 1773, from 1786 to 1791, from 1812 to 1815, and from 1819 to 1827, the minute-books of the Fiars' Courts seem to have been abstracted from the Record Room, none of them being now to be found there. It would appear, however, that so recently as 181 2 the Fiars' Court minutes from 1754 to 1773, as well as others amissing of more recent dates, must have been then in the Record Room, as Mr. Wilson, in his " History of the Agriculture of Ren- frewshire," seems to have used them when referring to the prices of grain in the county, although his statements of the fiars do not always agree with the minutes of the Fiars' Court. In making up a list of the fiars' prices of the county from 1754 to 1876, we have been obliged to have recourse to such evidence as we could procure from various sources for the years for which we have no authentic evidence in the minutes of the Fiars' Courts, and we may be again excused for reiterating our regret that so many of those minute-books and documents which ought to have formed part of the Judicial Records of the County, and been carefully preserved for public use, have either been abstracted from the Record Room vnthout acknowledgement or have been destroyed, like many others, through inattention, by damp, and want of ventilation. We trust that although the information now given must necessarily have little attraction for general readers, it will still be valuable and interesting ; but, whatever the estimate of this information may be, it is obvious that any account of the County Judicial Records would RENFREWSHIRE FIARS. 45 not have been complete unless there had been given a brief history of " the striking of the fiars," — a duty, and an important one, of the Sheriffs of the County. MenfreiBsftire iPiars, 1754 to 1875. E have, in the preceding paper, given a brief history of the striking of the fiars' prices in Renfrewshire for a period of 1 2 1 years. In Renfrewshire, since 1830, the mode adopted for ascertaining the average annual prices of the best and medium qualities of grain grown in the county, and the price of oatmeal, has been such as to secure the greatest exactness in the striking of the fiars. This mode is as follows : — The Sheriff issues in February each year a precept for summoning 45 assizers from among the heritors, distillers, brewers, farmers, grain dealers, and bankers in the county, and also two or more witnesses who are growers or purchasers of grain, from each parish in the county (to the last of whom schedules are delivered to enable them to make out and produce a detailed statement of their purchases or sales), to appear at a Fiars' Court held by him in March, when a jury of 1 5 is impannelled and a chancellor chosen ; and the evidence of all the witnesses being taken on oath, and their schedules examined, the jury, on which one or more accountants are always placed, proceed to ascertain the average prices per Imperial quarter of the best and medium qualities of wheat, oats, barley, bere, beans, and peas grown in the county, and bought or sold from ist November preceding, and also the average price of oatmeal per 140 lbs. Im- perial ; and the jury having prepared their verdict according to the evidence, it is authenticated by the signature of their chancellor, when the Sheriff interpones his authority thereto, and thus strikes or fixes the fiars' prices for the year. By these fiars' prices, as before stated, the payment of Crown duties, stipends, and rents payable in grain or oatmeal are regulated. The following tables of the fiars' prices from 1754 to r875, with the exception of the years 1813 and 18 14, of which we have not been able to find returns, have been prepared from the minutes of 46 JUDICIAL RECORDS OF RENFREWSHIRE. the Fiars' Courts, except for the few years where the minutes are amissing, when recourse has, as ex plained above, been had to other reliable sources Df information. Where in any year no evidence has been submitted to the jury of the price of any kind of grain, and fiars' prices not fixed, it is marked " No evidence." TABLE I FIARS' PRICES, 1754- [826. BRITISH GRAIN BOUGHT OR SOLD IN THE COUNTY. MEDIUM QUALITY, PER BOLL. Year. Wheat. Beans and Pease. Barley. Bere. „„,, Oatmeal, ""^- per S Stones Troy 1754 No evidence. No evidence. £0 TO £0 10 £° 9 10 £0 10 8 175s ,, „ 13 4 13 4 10 s 14 1756 „ )» 18 4 18 4 14 2 19 1757 „ „ 15 15 13 4 IS 1758 ,, „ 092 092 084 9 4 I7S9 „ „ 092 092 090 9 7'A 1760 ,, ,, g 10 9 10 088 10 5 1761 „ „ 12 2 12 2 II 12 4 1762 ,, „ 14 6 14 6 14 6 16 1763 „ „ 14 2 14 2 II 12 8 1764 „ „ 14 8 14 8 II 6 14 8 1765 „ „ 19 9 19 9 IS 4 18 8 1766 „ ,, 19 19 13 4 18 8 1767 ,, » 18 2 18 2 13 6% 17 2 1768 )> „ 13 4 13 4 II 13 4 1769 „ „ 17 3% 17 3M 13 6 16 1770 „ » 15 9 IS 9 14 6 16 1771 »» „ 17 y% 17 ^]i 13 "5^ 17 'H 1772 „ „ 17 6 17 6 13 6 16 8 1773 ;£i 2 £^ 19 6 19 6 15 17 4 1774 I I 10 I 12 1 4 I 4 16 16 177s 2 8 I 12 I 4 140 16 16 1776 I IS I 6 6M I I 16 5 14 2 12 1777 I 18 I 3 3 18 10 17 6 15 13 4 1778 2 8 I 8 sH 100 18 8 IS I 14 1779 I 17 I 4 ■^Vz I I 9 140 100 14 8 1780 I 9 19 7 17 7 16 8 15 4 14 3 1781 I 19 3 I 9 19 3 16 6% I 3 13 1782 I 18 9 I S 17 4 14 6 15 13 S 1783 2 9 6 2 I 3 T 13 S No evidence. I I 10 I I 4 1784 I j6 8 I 4 8 I 16 4 I 9 4 I 2 8 19 178s I 17 2 I 14 3 18 7 I S 3 19 I 14 5 1786 I 17 s I 9 8 I 10 18 3 16 17 9H 1787 18 3 17 15 '15 12 15 8 1788 I I 6 14 9 16 II 16 II 12 I IS 4'A 1789 I S 16 iVi 14 iiH 14 ijj^ 13 15 1790 1 I 8 17 2 16 II 16 II 13 IS 1791 I I -^% 18 i°H I iiK 17 15 9H 18 8K 1792 I 2 1% 17 1 19 g}i No evidence. 14 2% 16 i.J^ 1793 I 3 liJi I 2 3 17 6 x6 ii^ 17 6 18 4 RENFREWSHIRE FIARS. 47 Year. Wheat. Beans and Pease. Barley. Bere. ^ . Oatmeal, ^""^ ^erS Stones Troy 1794 1 1% I loj^ I 2 1% 19 iK 16 %% 18 iK 179s £1 16 4M ;ei 2 o}< £1 14 iiK ;ei 2 oK £0 17 10 £0 18 4 1796. I 18 75i I 4 8K I 5 10 I I 19 0% 120 1797. I 18 g% 19 10^ 12 1 17 10 15 3 16 9 1798 I 4 9K 19 sM 16 85< IS loJi 19 Sjit 017 SH 1799 I II iK I 3 2 I 5 4K I 4 4K I 3 I I 2K 1800 2 18 8J^ 2 4 9K 2 I II 2 s I 17 liJi 2 3 BK 1801 2 13 2 2 I ii5i I 18 6K No evidence. I 12 7% log 1802 I 16 9 I II 5>^ I 3 9M No evidence. 17 s5< 016 75;^ 1803 I 8 4M I 4 2 I 2 i?i 140 19 g% I 2K 1804 I 15 3 I 3 SK I 3 4J^ No evidence. 19 6 I 6 iK 1805 I 18 6K 140 1 12 4 I IS 126 I z 10 1806 I 10 7 ■ 4 3X I 6 6 No evidence. I I sH I 2 4K 1807 I 15 2K I 17 II I 13 6 I 12 I 6 4 I 9 lo'A 1808 I IS 4 I 17 II I 13 6 I 12 I 6 4 I 9 1°/^ 1809 2 8 2 I 19 I 12 ij^ I 12 I I 10 I 10 6 1810 210 I 15 6 I 4 6 I 12 I s I 6 7 1811 I 10 7 166 I 12 10 No evidence. I I I 3 9 1812 250 I 18 6 I 16 4 280 I 13 6 196 1813 .... 1814 181S I 11 I I 3 6 I 4 120 19 I I 1816 I 6 7 18 7 18 6 18 7 17 2 17 1817 268 I IS I 16 I 16 I 12 I 14 8 1818 202 I 16 3 I 16 6 I 16 6 I 13 6 I 13 5 1819 I 6 6X I 6 6 I 18 9 I 15 II I i8 9 I 18 9 1820 I 6 8M XII I iK I ° ik: 17 10 17 3 1821 174 19 3 18 10^ 18 2K 18 4 17 454 1822 18 6 17 3 17 3 17 3 IS 6 14 5 1823 I 3 7 I s ° I 2 2^ I 2 2^ 17 II I ° 3 1824 I 10 3% I 2 II I 8 3 I 8 3 18 I j8 6 1825 I 10 i% I s sK I 10 9K I 10 i Best, I 17 oK No evidence. I 8 3 I 3 8J^ I loj^ oiS S« 1836. Med., I 16 sK I 14 I 6 11^ No evidence. 102 16 45< Best, 2 7 85i No evidence. I 9 9 I 7 5 I 3 10 I 2 6J^ 1837- Med., 268 ,, I 9 oK No evidence. I 1 II I 2 4?i Best, 2 IS 2% 2 4 I 14 2j^ I 9 6 I 4 5 I 7-/ 1838. Med., 2 12 7 No evidence. I 12 8K I 9 2 I 3 0% No evidence. 1839, Best, 2 4 iM ,, 1 IS 9/^ I 10 6 I 3 loM I 75< Med., 2 2 10% „ I 13 iM I 8 5 I 2 7}^ I 7 Best, 2 13 I I 18 I 10 10 1 9 2 I I 5 17 5 1840. Med., 2 II I No evi lence. 196 I 8 S I I 7 17 5 Best, 2 16 7 I 19 I 17 2 I 6 loK I I 9 17 I 1841. Med., 2 14 7 I 13 2 I 8 10 I 4 8K 106 17 o)i Best, 2 6 o5i I 12 6 I 6 4K I 6 I 17 10 13 II 1842. Med., 2 5 I No evidence. I 6 I I I 8 17 3 13 9 1843. Best, 2 7 8 I 9 6 I 8 6 I 4 9 17 I 13 2 Med., 2 6 II 1 8 2 I 7 3 I 4 16 5 13 Best, 256 2 2 I 9 S I 6 S I I 15 2X 1844. Med., 2 5 I I 15 3 1 7 7 I 4 s 19 I 15 2j^ Best, 2 9 10 2 I 6 I 12 2 I 7 6 I 6 3 I 8 10 1845- Med., 2 7 II I 17 2 I 10 4 I 7 I I 5 I I 9K 1846. Best, 3 3 5 3 I 17 4 I 13 3 I 13 6 I 7 2 Med., 3 3 6 2 19 4 I 16 I I II 8 I 12 0^ I 7 o?i 1847- Best, 2 II 11^ 1 17 9 I " sK I 9 3K I 3 2 17 i\i Med., 2 10 8K I 17 2 I 10 0}^ I 2 25^ I 2 7 17 8J^ 1848. Best, 2 6 10 I 10 S I 8 6 I 5 6 I 7J^ IS o}i Med., 2 6 I I 9 8K I 7 °J< I 4 8 G 19 II 14 II 1849. Best, I 15 7 I 8 I I 3 3% I I 4 17 9 13 2j< Med., I IS 2 I 7 I " I 9}< I 35^ 16 9 13 1% 1850. Best, I 17 4}< I 9 4 I 4 2}<' I 3 6K 17 7 13 6 Med., I 17 I 9 3J< I 3 oX I 2 3'/ 16 SJi' 13 4 RENFREWSHIRE FIARS. J 9 Year. Wheat. Beafis a-nd Pease. Barley. Bere. Oatmeal. Oats. J>er 140 Lbs. Avoirdupois. 1851. Best, £t 16 2 £1 II 9 ;(;i 4 45i .£135 £0 19 oYi £0 14 5 Med., I IS ii'-^ I II 5 I 3 3 I 2 s 18 7% 14 4 1852. Best, 234 I 17 S'A I 6 8K I 5 S'ii ig liji 14 g'4 Med., 23s I 17 7 I 5 65< I 4 4 19 sH 14 8J< I8S3- Best, 340 2 12 gH I 16 iiK I II 10 I 6 s I I 6-^ Med., 3 2 4K 2 II i}< I 12 loj^ I 8 1134 I S 3 I I sK 1854- Best, 3 4 loK 2 9 oJi I II 8^ I II 8 I 7 loJi I I 0}^ Med., 3 3 5 2 9 oM I 9 9M I 10 8 I 7 ^H I I oK Best, 3 9 oK 265 I 18 2 I 17 4 I 8 g% I I 3 1855. Med., 3 7 7 2 s II I II 8 No evidence. I 7 SK No evidence. 1856. Best, 2 9 &y^ 220 2 i% I 18 4 I 5 6 19 II Med., 2 8 iK 2 I 6K I 19 i5< No evidence. I 3 83X 19 loji Be.st, 2 5 8M 224 I II iij^ I 9 3 I 3 oK 18 1857- Med., 250 2 loj^ I 9 7^ I 9 2 I I HH 17 loX 1B58. Best, 2 7K 224 I 8 814 I S I 2 g'4 16 11^ Med., I 9 loJi 2 2 2 I 6 7K I 4 3 I 2 iX 16 II Best, 2 2 10 250 I 9 4 No evidence. I 3 S% 19 2>^ 1859- Med., 224 2 4 8 I 8 8 ,, I 2 6K 19 o}i Best, 2 8 II 2 14 I 13 5 I 9 7% 160 I Ill< i860. Med., 2 6 oK 273 I II 3Ji No evidence. I 4 ii}< I 10 Best, 2 13 lYi 2 3 6 I II 3 „ I 4 8 19 105^ 1861. Med., 2 II ty^ No evidence. I 8 4K ,, I 3 sVi 19 9 Best, I 17 3 I 18 I 8 I I 7 4% I 4 iK 18 7 1862. Med., I 15 4K No evidence. I 5 10 No evidence I 2 s 18 sK Best, I 16 11% I 13 10 I 7 iij( I 5 19 gK' IS 9 1863. Med., 1 IS 9M I 12 7 I 6 9K 126 19 15 s% Best, I 13 25i I 18 iH I S 9 No evidence. 17 i'A 14 I'/i 1864. Med., I 12 Oj^ I 16 4 I 4 7 ,, 17 m 14 I Best, 2 3 8 246 I 8 ioi< ,, I 13 10 18 2 1865. Med., 2 2 sH No evidence. I 7 3K ,, I 2 II No evidence. Best, 2 14 6 279 I 13 8K ,, I 7 85i I I 4K 1866. Med., 2 13 I 275 I 12 sK „ I 6 7K 112 Best, 2 16 2 II 4 I 18 I ,, I 7 3 I 3 o'A 1867 Med., 2 14 sM 2 II 9 No evidence I 6 6% No evidence. Best, 2 6 oK 2 10 7J< I 18 loK ,, I 7 6 I I sH 1868 Med., 2 5 loK No evidence. No evidence ,, I 7 I I sM Best, 2 2|i 224 I 13 8K ,, I 4 6U 19 oA 1869 Med., I 18 ioJ< No evidence. I II 6 ,, I 4 3 No evidence. Best, 2 7 oji 2 4 oK I 13 Q ,, T 4 4 18 yU 1870 Med. 2 6 n% No evidence. No evidence ,, I 3 ii?i iS 6ii Best, 2 13 45< 2 3 8 I 12 6 „ I S 8J< 19 7 1871 Med. 2 13 I No evidence. I II sX „ I 4 i°?i 19 6H Best, I 8 II I 19 iij< I 9 2K „ I 3 7K I 7 1872 Med. I 8 2M No evidence. No evidence. „ I 2 iK I 4K Best, 2 12 loK 250 I 14 9J< I 6 9% I I 7 1873 Med. 2 10 I No evidence. I 13 i% I 6 3J^ I 4K Best, I 19 6K 2 8 7H I 15 II I 6 sH I 8K 1874 Med. I 19 oK 2 8 S'A I 14 7 I 5 8 I 8K Best, 2 I iK 260 I 13 lY*. I 6 4% I g'/i 187s Med., 2 4ji 2 4 loj^ I 12 9 I 6 3 I 9;< In closing this subject, it may be remarked that the want of uniformity in the mode of ascertaining the fiars' prices in the counties in Scotland would seem to call for legislative interference. The payments made of royal duties, stipends, and rents, according G so JUDICIAL RECORDS OF RENFREWSHIRE. to the fiars' prices, are very considerable, and a just and uniform system fixed by Act of Parliament should be adopted for deter- mining these prices annually. It would seem to be necessary also, where evidence cannot be procured of sales and prices of any kind of grain, as often happens in our own county, where, for instance, little, if any, bere is now grown, that evidence of such sales and prices in adjoining counties should be admitted for supplying the want, and this and some other provisions for securing generally a fair and equitable and more uniform system might be introduced into the Act with benefit to all concerned. Fac-Similies of Signatures of Renfrf-wshire Landowners to Oath of Allegiance. 1R18. Jo Ao-iy99Zc^.>cA^^-^0U (^ [Bait. iifPeHok.) (Yr. of Polluk.)\ Jpf EUfrslie.) 7f "^ l?i (My^^(£nn^4^Me^ (Bart. ofMilthni ) ' (of Blar/;stone.)\ /?i '^i ra^iJ. (of Fiiii;alton, (0/ Bivthswood.ji^ J(y/i/rh c^'tcn^^-ie^. (of Hazltden.) 1830. /7y^%!?^^7^ -<^k*j^^ ^<^^ • (of Brediland. ) (of dmiglen. ) (of Ilurht.) (Johnstonj: Ca.stie. ) (::70<-'-^cA^^:^ur-L^cX^yC^^. (of Garthlaiid.) >2^ (ofJrthurlte.) (of Cj'osstie.J (of Cra^^yciuls.) (of Kelly.) (ofCnfc Castlo.) (of .Stt-.i'artJiall.) SECTION II. OLD COUNTY FAMILIES AND ESTATES. Napiers ot ISlacftstonc. RAWFURD, in his "History of Renfrewshire," (1710) tells us that upon the river Black Cart stood the House of Blackstone, adorned with large orchards and yeards and beautified with planting. It was the summer dwelling or country house of the Abbot of Paisley, and was built by George Schaw, Abbot of the Monastery, in the reign of King James IV.; and after the erection of the lands belonging to the monks of Paisley, in favour of the family of Abercorn, the house was much improved by James, the First Earl of Abercorn. This house, which had so much delighted our county historian, was, about 1730, accidentally and totally destroyed by fire, but was soon thereafter rebuilt, as Sample in his continuation of Crawfurd says, in modern fashion, with a paviKon roof, it being an elegant house, having a fine green court in front, looking to the south-east. In our first volume we had occasion to take notice of the orchards and yeards of Blackstone, and published the leases thereof for crops 1687 and 1705. These orchards were of considerable extent, and yielded large rents ; and we also, in our notice of the leases, drew at- tention to some curious conditions in them, whereby the fruit of two trees, — the Muirfowl egg pear and Cambusnethen or Coltness pippin apple, and certain plums, were reserved for " my Lady Napier's ain use." This pear and the pippin apple, although now universally cultivated, were, two centuries ago, rare and valuable varieties. The mansion house referred to by Semple still stands ; but of the beauty of its " orchards, yeards, and plantations," and other surrounding attractions, nothing can now favourably be said, — these having given way, as the amenities of other places have, to the development of valuable minerals so generally dis- covered and wrought over the county. The mansion house was 52 JUDICIAL RECORDS OF RENFREWSHIRE. occupied from the time the estate came into the hands of the Napiers, by the successive heads of the family till 1843, when the Blackstone Estate was sold by the trastee on the bankrupt estate of the then proprietor, William Napier. The Napiers of Blackstone were of long standing in the county, and of distinguished origin, being descended from John Napier, Baron of Merchiston, the renowned mathematician, and inventor of the Logarithms, whose ancestors again can be traced back to the reign of Alexander III., King of Scots. Alexander Napier, grandson of the Baron of Merchiston, married Catherine, sole heiress of John Maxwell of Blackstone, and thus obtained the estate of Blackstone. He was succeeded by his son, John Napier, who dying unmarried, the estate came to his brother, Alexander Napier, a captain in the Scots Greys, early in last century. He it was who rebuilt the present mansion house. It is stated, by Semple, that Captain Napier commanded a party of the militia raised in the county to suppress the rebellion in 1745, and on this account a party of the rebels from Glasgow went to Black- stone and plundered the mansion house. Captain Alexander Napier died in 1750, leaving two sons, the elder of whom died in infancy ; and Alexander, his second son, came to the estates. He, like his father, entered the army, having purchased a captaincy in the Foot Guards. The bridge that spans the Black Cart near to Blackstone House, was built by him in 1762, and was reserved for his own private use. He soon sold his com- mission, and retired from the army, and devoted himself to the im- provement of the lands of his Barony, and the making of additions to the buildings. He also planted a portion of the moss, which forms a considerable part of the estate, with firs. The boundaries of the estate are minutely given by Semple ; and among other lands by which it was surrounded were those of William Speir, of Burn- brae, an ancestor of the present proprietor. The Barony, as so described, lies in an extensive plain, and is of a fertile soil, equal to any in the county, and well enclosed. Cap- tain Napier died in 1801, leaving six sons and one daughter, his eldest son, Alexander Napier, succeeding him in his estates. Alexander Napier, following the example of his father and grand- father, early in life entered the army. He saw much active service in different parts of the world, and obtained the lieutenant- Colonelcy of the 92nd Highlanders, in Egypt, in 1801 ; and he NAPIERS OF BLACKSTONE. 53 commanded this highly-distinguished regiment in all the services in which it was engaged till 1809, when he was killed at Corunna, at the close of Sir John Moore's unfortunate campaign. This gallant officer, Colonel Napier, was succeeded in the estate of Blackstone by his brother, William Napier, banker in Greenock, the last of the family who owned the estate. William Napier, or Captain Napier, under which title he was better known, now deceased, was well-known and highly respected in the county. He was unmarried, and of quiet and reserved manners, and took no particularly active interest in public matters. Being' very highly esteemed, he had the undivided sympathy of all that knew him when, under the pressure of pecuniary involvements, through his connection with the Renfrewshire Bank, he was obliged to part with the family estate of Blackstone, so long held by himself and a long and worthy line of ancestors. The estate of Blackstone was, in 1843, acquired by purchase by the late Thomas Speir, of Burnbrae. Mr. Speir was a descendant of an old family in the county. He and his brother, the late Robert Speir, in early life went to India, where success attended their mer- cantile enterprise ; and returning to their native county, after a comparatively short residence in India, Mr. Thomas Speir invested a part of his wealth thus honourably acquired in the purchase of Blackstone Estate, while his brother, Mr. Robert Speir, became proprietor of the estate of Culdees in Perthshire. When Mr. Thomas Speir got possession of Blackstone, he devoted the sagacity and energy which had distinguished him as an Indian merchant, to its general improvement, and more particularly to the conversion of the Blackstone Moss into valuable arable land, and the develop- ment of the valuable minerals with which the estate abounds, in which enterprises he was very successful. It will serve to show the extent of the improvement made by him on the lands of Blackstone, to state that the rental which in 1843 was ^1850, was in 1875 in- creased to ;^3969 3s., — including ^^1479 for lordship of minerals. Mr. Thomas Speir gave much of his attention to public business for many years, and from 1865 to 1874 occupied the honourable position of Convener of the County of Renfrew. He was a shrewd and careful guardian of the finances of the county, ever opposing unnecessary expenditure and consequent public taxation. He took a lively interest in every public question in Parliament, bringing, in a clear and business-like manner, whatever affected the interests of 54 JUDICIAL RECORDS OF RENFREWSHIRE. the county under the attention of the Commissioners of Supply. He presided over their meetings with dignity and ability, and so managed the business of the county as to call forth a universal expression of regret and the thanks of the county when, through advancing years and failing health, he resigned the convenership. Mr. Speir died in 1874, and was succeeded in his whole estates, including Blackstone, by his nephew, Robert Thomas Napier Speir, son of his brother, the late Robert Speir of Culdees. Our notice of this old and influential county family is necessarily brief, as the County Records have afforded little assistance for learning its history, and made us to rely chiefly on Crawfurd's History of the County, and its continuations by Semple and Robertson. We are enabled, however, to give an interesting description of the contents of Blackstone House at the time of the death, in 1750, of Alexander Napier, the then proprietor, from a judicial inventory of the furniture and plenishing of the house prepared by his executors, a copy of which in extenso, along with the Rent Roll of the Estate in 1749, will be found in our Section, " Rents, Prices, etc," in the latter portion of the volume. The inventory will be found interesting, as marking what a compara- tively small number of plain and inexpensive articles for the furnishing of the principal apartments was considered sufficient for the comfort and use of such a family a century ago, and as con- trasting with the style of plenishing of a modern house, or with what is now deemed necessary to meet the requirements of a family of much lower position. The inventory, moreover, reveals the studied economy and industry of the ladies of the Blackstone family, it being curious to remark the number of china and stone- ware articles carefully preserved for use by clasping — such fractured articles not having been thrown aside, but mended, and thus rendered fit for use ; while the napery presses tell how assiduously and profitably the ladies had devoted themselves to the use of the four wool and Hnt spinning wheels — big and small — recorded in the inventory. It would, we fear, outrage present ideas of comfort were dining-room, parlour, and bed-room floors covered with Scotch mats, and were the plate chest only to contain such articles of silver and silver-plate as we find in this inventory. WALKINSHAWS OF WALKINSHAW. 55 amalfeinsi)abs of SKaltinstato. HIS family was one of the oldest in the county, their origin going back to the thirteenth century. Crawfurd says that a little towards the north from Blackstone, upon the confluence of Black Cart and Gryffe, stands the house and lands of Walkinshaw, the seat of an ancient family in his shire, deriving their pedigree from one Dungalus Filius Christinit Judices de Levena, who exercised jurisdiction over the vassals and tenants of the Earl of Lennox, who excambed the lands of Knoc with the Abbot and Convent of Paisley for the lands of Walkinshaw, in the year 1235, as proved by the Chartulary of the Monastery, folio 105. The lands of Walkinshaw thus obtained continued in possession of the descendants of Dungalus, who had assumed the surname and designation of Walkinshaw of Walkinshaw, until they became divided into Easter and Wester Walkinshaw in the fifteenth century, by failure of direct male descent in the then proprietor, who, leaving two daughters and co-heiresses, Easter Walkinshaw went with one by marriage to the Mortons, and Wester Walkinshaw also by marriage with the other to Walkinshaw of Little Fulwood. Walkinshaw of Little Fulwood having thus become next heir of the family of Walkinshaw, took the designation of Walkinshaw of that Ilk. Patrick Walkinshaw obtained a charter of confirmation of the lands of Wester Walkinshaw from the Abbot of Paisley, in 1464. This the principal branch of the family failed a second time in the person of John Walkinshaw, who died without male succession in 1636, when his estate descended to John Walkinshaw of Garturk, who was succeeded by his son, Gavin Walkinshaw, who sold his estate to James Walkinshaw, merchant in Glasgow, and he, dying in 1708, his son, John Walkinshaw', came into possession. Robert- son, in his continuation of Crawfurd's History, says of Easter and Wester Walkinshaw, that these estates had passed through several hands, and that in 1818 they belonged to Boyd Alexander of South- bar, and in his name were enrolled in the Cess Books of the County. They are now in possession of his descendants. Like very many of the old families of Renfrewshire, the Walkin- shaws have ceased to have any territorial connection with it. In the 17th and i8th centuries, they intermarried with some of the most influential families in the county, and although their estates S6 JUDICIAL RECORDS OF RENFREWSHIRE. were never very extensive, they held a good position among the aristocracy, and from their near neighbourhood to Paisley had much and close intercourse with its inhabitants, and several of the females of the family were connected by marriage with ministers and merchants of the Burgh. This family name, so long known and respected in Renfrewshire, has passed away from the county, and is now only to be found in the pages of its history. The examination of the Records reveals, among other things, the remarkable changes which, during the last and present centuries, have taken place among the aristocracy of the county j and those who are disposed to respect and honour ancient lineage — a universal feeling at one time, and yet not uncommon among the Scotch — must greatly regret to find that names and families that once held a high place in the county, and often found a place in national as well as local history, have so completely disappeared that to the present generation they are unknown. Thus the families of Lennox, Eglinton, Semple, Cathcart, Cochrane of Dundonald, some branches of the Napiers, and many others, are sought for in vain in the valuation rolls, and have ceased to have any direct interest in local matters. The Walkinshaw family, al- though not in the highest rank, occupied a good position among our county aristocracy, and being more immediately connected with Paisley, their non-existence as proprietors is matter of regret, however worthy and able their successors may be to supply their place. In the year 17 13, the then proprietor of Walkinshaw was bereaved of his wife, and the document, having reference to her funeral we now quote, is rather curious and interesting. It would seem that to carry out the pomp and pageantry which were then deemed neces- sary at a funeral, — if due respect was to be rendered to the memory of deceased, — it was usual in the case of persons of rank or high station to apply to the Herald Office, in order that the usual em- blazonments of arms and trappings might be duly set forth at the funeral ; and in the document we refer to, we have a description of the " Funeral Painting of ye Lady Walkinshaw," that is, of the arms, achievements on the escutcheon, and the fanciful decoration of the coffin, and the trappings of the hearse and horses, all of which are minutely set forth, and charged for, in an account amounting to ;^299 8s. Scots, by " Henry Fraizer, Herald Painter." Among the items we find " mortheads and tears for the lozing arms ; " " mort- WALKINSHAWS OF WALKINSHAW. 57 heads, branches, ciphers, and tears for the coffin;" "branches, and small escutcheons with the defunct's arms thereon, and mort- heads, ciphers, and tears for ye pall ; " " large escutcheons and brow-pieces, with the defunct's name within a garland thereon, for the horses," and " sticks for their ears." Every one must be struck by the extravagance of display and pomp thought necessary at funerals in our own time, and the great and useless expense thus incurred ; but our forefathers, especially those having rank or position to warrant the cost, went great lengths ; and a funeral two centuries ago, with the aid of the Herald Painter, must have been a grand, and, as appears from the account we pub- lish, very costly affair. But this account refers only to " funeral painting," and leaves us to imagine what the other expenses of the funeral, as regards feasting and entertainment, must have been, it being the custom at that time to go to great excess in that direction, in order that due respect might be paid to the deceased, and re- gard had to the rank and position of the family. We regret that the accounts for these are not among the other Walkinshaw papers in the Record Room, but we find from some tradesmen's accounts, items such as the following against the Laird of Walkinshaw, in connection with the funeral : — In an account rendered by John Reid, in July, 17 13, immediately after the funeral, are the following items : — " Paid by me for a silver " socket yt carries ye candle shears broken at the funeral," and " For putting in 3 Glasses in the Clocks Head broken." There would seem therefore to have been some considerable jollification in midst of the mourning, for it is difficult otherwise to account for the damage thus done at the funeral. We find also that Robert Sclater, town officer, charged "Walkinshaw" a very considerable sum for " stabling ye horses," and among other items the following : — " Item " more the sd day to the two Horses that carried away the Wine and " Bread from Paisley;" "item, 5 Pints of Ale to the lads that " came with the horses at ye funeral tyme;" "item, 5 Candle to " ye Painter for Scutcheon." And Arthur Park charges " Item, 12 " Pints Brandy and 12 Pints Cherry and 2 Pints Brandy." These have reference to the funeral, but by no means give us an idea of the whole supplies furnished and cost incurred for the entertain- ment of the crowd of mourners who would, as was the custom, be assembled at Walkinshaw House on this mournful occasion. The following is a copy of the " Accompt for the funerall S8 JUDICIAL RECORDS OF RENFREWSHIRE. painting of the Lady Walkinshaw, to Henry Fraizer, Herauld Painter : — Accompt for the funerall painting of the Lady Walkinshaw. July 14, 1715. — To Henry Fraizer, Herauld Painter. Imp for I lozing arms with the whole achievement thereon, ^18 o o Itt for 8 branches thereto, 24 o o Itt for 4 mort heads to the sd lozing anns, 4 o o Itt for ciphers and tears thereto, 3 o o Itt for 8 branches done in large for the coffine, 26 o o Itt for 8 mortheads to the sd coffine, 600 Itt for ciphers and tears thereto, 3 o o Itt 8 branches done one white iron plates upon both sides for the pale, 48 o o Itt 24 small escutcheons with the defuncts arms thereon for ye pale, 44 o o Itt 34 mortheads to the sd pale, 34 o o Itt for ciphers and tears to the said pale, 6 o o Itt for 6 large escutcheons for the horses, 36 o o Itt for 12 mortheads for the horses, 12 o o Itt for 12 theins for the horse ears guilded on black teffetae, 18 o o Itt for 6 browpices for the horse with ye defuncts name within a gar- land thereon, 7 4 o Itt for 8 white iron plates the branches were painted one, 4 o o Itt for 8 iron pikes the plates stood one, 4 o o Itt for blacking the frames and sticks for the horse ears, 018 o Itt to the taylor for sewing the searge to the lozing arms, 018 o Scots, ;^299 8 o amalJtitts!)ato of " tf)at lilt's " Boctofs mu, 1712-20. F the Rent Rolls and Inventories of Household Plenish- ing of our old families interest us, by the glimpses they afford of the worldly means and comforts our forefathers had at command, their mediciners' bills are beyond ques- tion one of the best means of judging how they were administered to and charged for attendance in cases of sickness. Fortunately, there is no scarcity of such documents amongst the County Records ; and we select one for publication connected with the Walkinshaw family, which, from the fulness of its details, affords valuable infor- mation in this branch of family expenditure. This account WALKINSHAW OF "THAT ILK S DOCTORS BILL. 59 seems to have been incurred, between 1714 and 1720, by Walkinshaw of that Ilk to Dr. Campbell, " mediciner in Paisley," and one of the Bailies of the Burgh ; and who, with Dr. How of Kilbarchan, enjoyed the reputation of being at that time at the head of the medical profession in the district, and being called upon for attendance or consultation by the local aristocratic families of the County. The charge against Mr. Walkinshaw for attendance is certainly very reasonable, — one item of the account being "_;^ioo Scots for attendance for six or seven years bypast." This, being equivalent to ;£8 6s. 8d. sterling, is something like what is now expected by a Glasgow physician of first- class standing for a visit and consultation in Paisley or neighbour- hood, and is an additional evidence of the change in the value of money since 17 14, as well as of the value and importance attached to medical advice. The present increased charge for attendance, however, is possibly not more than the progress made in medical science and the existing plethora of money warrants. Certain items of the account are curiously suggestive ; such as " himself ane vomiter," " Dyett Drink," " Materials for a purgative infusion," and "Materials for his ordinar drink," which seem to indicate a jolly life, and attendant bilious condition of stomach; whilst such items as " Oyntment for the Itch" raise the doubt whether this proverbially Scotch disease, said to be so prevalent in old times, was entirely confined to the lower or spread up occasionally to the better classes. " Materials for ane antieplegtick infusion in wine," and one or two others, are possibly examples of the way in which "mediciners" then, as in modern times, loved to disguise under mystic names medicines of a very ordinary character. The charges in the bill refer almost exclusively to the Laird him- self, although there are some for drugs supplied "to Mrs. Bettie," and "to a servant John Lang," and also for "ane pott of oyntment for the Laird's horse." There is also an item of ";^45 Scots for a horse sold to Walkensha ; " while the account, after a long string of items for drugs, closes with a not unnatural, though rather lugubrious charge, being " Item, ane large cerecloath, ;^66 13s. 4d.," but whether this was anticipatory of the Laird's decease, or was put into the account when rendered to his executors after his death, cannot now be known. Although so moderate in his charges for attendance, the charges for drags are very numerous and minute, the total of the account being ^^431 9s. 2d. Scots. 6o JUDICIAL RECORDS OF RENFREWSHIRE. This affords reasonable grounds for the presumption that the doctor's profit lay in a great measure in his charges for medicines. Lastly, it seems to have been the practice in those days to give long credits, for we find the first charge in the account to be " Item, ane accompt given in to him is ;^i68 12s. 4d." Scots. We trust these observations will induce our readers to peruse this rather curious account. To the general reader these details may at first sight appear dry and uninteresting ; but once the true spirit of investiga- tion is aroused, he will find in them the elements of a right ap- preciation of the social condition and characteristics of our fore- fathers, and an amount of valuable information that has been too much in the habit of being passed over by our historians, who have too frequently written the history of the country to the neglect of the history of the people. WALKENSHAW OF YT ILK, HIS ACCOMPT. Sep'i ember, 1720. Imp: p ane Accompt Given in to him is ;£'i68 12 4 Feb i. Item for fine borx 00006 o It for oxecrocey, 00 16 o It for Robin, 0001 o May 17. It for oyl of mace, 0007 o It for fine mastick, 00 06 o May 1711, 19. It to himself for moliet plaster, 0002 o 22. It for 3 ozs of oyntment for the itch, 00 02 o It to him, ane vomiter, 00 10 o June 10. It to him, materials for a dyett drink, ... 0208 o It for Arsnick, 00 02 o July 25. It 4 ounces of fine Venus turpentine, ... 00 12 o Nov. 6. It for saltpeter, 00 04 o Dec: ii, ii ii. It for sallett oyl, 0003 o It for Empl de minio, 0002 6 March 3, 1712. It for Venus turpentine, 0002 o 4. It half ane ounce of camphire, 01 04 o It ane glass with hungary vfater, 00 ii o 15. It ane glass with sp: of camphire, 00 08 o It his dyett drink, : 02 08 o Aprill 8. It ane pott of oyntment for his horse, ... 00 16 o It four ounces of oyl of turpentine, 00 10 o June 18. It to Mrs Bettie, ane pot of oyntment for itch, CO 09 o ii. It to your servant, John Lang, ane Line- men t 00 10 o 17. It two purges, 00 10 o It ane Linement, 00 12 o WALKINSHAW OF "THAT ILK's " DOCTOR'S BILL. 6 I Agiist 5- It to himself, ane vomiter, ;^oo lo o Sept. 2i. It materials for a sacculus purgans, 02 08 o It to Mrs. Bettie, materials for ane in- fusion, 01 08 o It oz ii aq: camphorata, 0008 o Dec. li, 1713. It for two clyster at linlithgow, 03 00 o 14. It ane vomiter 00 10 o It ane glass mth ox succini, 00 18 o It materials for ane antieplegtick infusion in wine, £0^ 11 o It materials for a purgative infusion, 02 03 o 16. It materials for his ordinar drink, 00 18 o It the oyl of amber vomit, 00 18 o It ane Linement, 01 02 o It ane mixture, 00 17 o It ane Cordial Julep, 01 10 o 17. It ane clyster, 01 10 o It the Julep renued, bi 10 o It the clyster renewed, 01 10 o ;^2o8 04 10 It ane Large cerecloth, 66 13 4 It powders and oyls, 06 00 o It to the family for saltpeter, 00 06 o May 4, 1 7 14. It to Mrs. Bettie ane plaister, 00 1400 It ten dose of spermatis caiti, oi 1000 It ten dose of volatile salt of harthom, ... 0015 o 8. It ane pott of Conserva vosary, 00 14 o 25. It the pott of Conserve renued, 00 14 o June 25. It to her, ane vomiter, 0010 o It for for cloves, 00 08 o It for ane horse sold to Walkinsha, 45 °o ° thispage, 123 04 4 the other page, 208 04 10 Summa in whole, 33i 09 2 It for attendance for six or seven years bypast, p^'ioo 00 00 Summa of the whole is 431 0902 62 JUDICIAL RECORDS OF RENFREWSHIRE. temples of Balsrccn. N the history of Renfrewshire, it is stated that near Castlesemple, in the parish of Lochwinnoch, towards the north, he the lands of Balgreen. The Semples of Balgreen were descended from the Semples of Castlesemple, an ancient and, at one time, most m- fluential family in this county, from whom sprung the Semples of Fullwood, Blackburn, Belltrees, Bnintchells, Millbank, Cathcart, and Balgreen, — this last family, however, having the bar sinister in their escutcheon. In the Belltrees family, we learn there was hereditary poetical talent, several of the lairds in succession having courted the muse ; and their poetical effusions, mostly of a humorous character, were well known and highly popular in the county, among them being the epitaph on Habbie Simpson, the piper of Kilbarchan, written by Robert Semple, of Belltrees, about the year 1600. Their writings were collected and published in 1849, under the title of " The Poems of the Sempills of Belltrees, now first collected ; with " notes and biographical notices of their lives, by James Paterson, " author of the history of the county of Ayr." Robert Semple, of Balgreen, the more immediate subject of these notes, held the office of Sheriff-Depute of Renfrewshire, under the hereditary Sheriff-Principal, the Earl of Eglinton, from 1690, till his death in 1726. The founder of the Balgreen family was John Semple, an illegitimate son of Lord Semple, who came into posses- sion of the lands of Balgreen early in the seventeenth century, by marriage with Margaret Atkine, heiress of Balgreen. John Semple made considerable accessions to his wife's property, by purchasing the lands of Longcraft and Muirshiel in 1642, and Queenside Muirin 1655. The estate, thus increased, came through successive genera- tions, from John Semple to Robert Semple, Sheriff-Depute. The Sheriff having unfortunately, by cautionary obligations, got into financial difficulties, he, on 6th July, 1697, disponed his whole estates of Balgreen, formerly called Easter Cloak, Longcraft, Muirshield, and Queenside Muir, to his kinsman, Robert Semple, of Fullwood, then also holding an appointment as Sheriff-Depute of the county. Although thus divested of his patrimonial estates, Robert Semple continued to reside at Balgreen till he died, in 1726. He was a SEMPLES OF BALGREEN. 63 zealous public officer, and we have had occasion to take notice, in preceding numbers, of not a few of his decisions in criminal cases. If at all remarkable, his judgments were so for their severity, and, when fines were imposed, for their large amount, often greatly dis- proportioned to the offences, so far at least as these are revealed by the Record. We find a reason for the imposition of these large fines and penalties in the fact that remuneration for the services of the Sheriff-Deputies and Substitutes, and the Procurator-Fiscal and subordinate officers of the Hereditary Sheriff, was not otherwise pro- vided for, either by fees or salary, and temptation was thus given to make exactions which, under other circumstances, would not have been necessary, and certainly ought not to have been made. This may also account for the monster prosecutions, of which we have given several examples, under the Game Laws and numerous old Scotch Acts, for statutory penalties, in which as many as fifty per- sons, mostly tenant farmers, were accused in one libel, and brought before the Sheriff, and made to criminate themselves by being put on oath, no other evidence being even attempted to be led against them. But whatever was the amount of income Sheriff-Depute Semple of Balgreen thus obtained, he, after thirty years' service, died poor, and his widow, Mary Edminstone, required the assistance of Robert Semple of Belltrees, her kinsman, to provide the expense of his funeral. For this expense, and for aHment to herself and children and maintenance of servants from loth March, 1726, when the Sheriff died, till the term of Whitsunday following, his widow raised a summons of constitution against John Semple and William Semple, her children, and their tutors and curators, to have the amount made a charge against the deceased Sheriff's moveable estate. The summons narrates "that where the said Robert " Semple having died in the moneth of March, upon the loth day " thereof or thereby, 1726, and the sd complainer having defrayed " and paid the funerall expence of her sd deceast husband, and " there being also by the law mournings due to her conform to the " defunct's quality, and aliment for her and his children, servants, " and family to the next term after his decease, which was Whit- " Sunday, 1726, She having entertained and maintained the sd " children and servants in family with her self during that time, " Therefore the said funerall charges, mournings, and aliment ought " to be descemed and declared to be a lawful debt of the sd de- 64 JUDICIAL RECORDS OF RENFREWSHIRE. " funct's, SO as to affect bona mobilia of the defunct and his exers, " and the samen not being sufficient to defray and pay, the samen " to affect any other subject belonging to the defunct. And it " being true and of verity that the expence of the said defunct's " funerall, paid by the complainer, does extend to the sum of one " hundred and six pound ten shillings and six pennies Scots, con- " form to ane particular accompt and receipts and discharges " thereof herewith 'produced and repeated as a part of this lybell, " brevitatis causa, beside and attour six pound Scots given to the " kirk-officers and poor. Item, two hundred pound Scots is but a " mean and reasonable satisfaction for her mournings, conform to " the defunct's quality, and she accordingly did wear mournings on ""account of the^defunct's decease. Item, the sum of forty pounds " Scots, as the^expense of mournings paid by her, furnished to the " defunct's three children that were in life the time of his decease, " to witt the sd John and William Semples and Robert Semple, " the second born child, now deceased. Item, the sum of sixty " pound Scots as a mean and reasonable satisfaction for alimenting " and entertaining herself, children, and servants in family with her " self from the sd tenth of March, 1726, to the Whitsunday there- " after. And albeit the sd sums be all truly resting due to her, and " no payment thereof made by the defunct's exers or others repre- " senting him, and so ought to be found and declared to be ane " just and lawfull debt of the sd defunct's to affect his exerie or " other subjects belonging to him the time of his decease." This summons, and the productions made therewith, give an idea of the style and cost of, and kind of entertainment at, a funeral of a person in the Sheriff's position in 1726, and several accounts of expenses of the funeral are therefore of some interest. The sums claimed by the pursuer were as follows : — Scots. Sterling. Expenses of Funeral, ;^io6 10 6 ^^8 17 6^ Gratuities to Kirk-Officers andPoor, 5 o o 010 o Mournings for Widow Semple, 200 00 16 13 4 Mournings for Children, 40 o o 368 Aliment for Widow, Children, and Servants till Whitsunday next after Sheriff's decease, 60 o o 500 £^iz 10 6 ;^34 7 6>^ The deceased held an important official position, and was closely related to several wealthy families not only of his own name, but HOWS OF DAMTOUN AND PENNELD. 65 also to Others in the county, and it is therefore instructive to observe that the total cost of his funeral, including mournings and aliment for his widow and children and servants for two months, was only ^412 los. 6d. Scots, or ^£^4 7s. 6^d. sterling. This amount, placed alongside of an undertaker's charges for the funeral of a per- son in like position at the present day, would present a rather startling contrast, even making allowance for the difference in the value of money in 1726 from 1876. Although the example here given of moderation in funeral expenses cannot, perhaps, be now, in every respect, imitated, it is surely worthy of consideration whether the enormous cost of funerals and mournings incurred nowadays, rather from fashion or custom, and for ostentatious display, than from necessity, and too often bearing oppressively on a surviving family, might not be greatly and most advantageously curtailed. ?^oU)S of 29amtoun atilr ^enneltr. HE lands of Damtoun, comprehending Plainlees, lie westward of and in the near vicinity of the town of Kilbarchan, and, with the lands of Law, upper or Hows Penneld, Wester Whitelands, and Over-Johnstone, all in Kilbarchan parish, and Syde in the parish of Kilmalcolm, long belonged to the Hows. The Pennelds, forming a large part of their estate, belonged in the sixteenth century to the Collegiate Church of Lochwinnoch, commonly called the College of Castle- semple, situated near to Castlesemple House, and founded by John, first Lord Semple, in 1505, to the honour of God and the blessed Virgin Mary, and for the prosperity of King James the IV. and Margaret, his queen ; and for the soul of Margaret Colville, first spouse of the said Lord Semple, and for the salvation of his own soul and of Margaret, his then spouse, and of all his predecessors and successors, and of all the faithful dead. These lands were holden of the Semples of Castlesemple ; the college being richly endowed. At the Reformation the college was despoiled of their I 66 JUDICIAL RECORDS OF RENFREWSHIRE. lands, and the only vestige of their possession is the place of sepulture of the Samples. An old authority, Sempill, describes the lands of Penneld as being beautifully situated on the river Lochar. They included Upper and Lower Penneld and Nether or Rodger Penneld. They lay on the south side of the Lochar, where that stream flows over several natural cataracts, within a distance of a quarter of a mile, and several of them twenty feet high, on the east side of Penneld Bridge. And they were further beautified by the remains of an old castle. These lands were bestowed in patrimony at different periods on branches of the How family. The Pennelds were, in 1733, sold to the Napiers of Milliken, to whom they now belong. The lands of Damtoun and Plaintree are still in possession of a descendant of the original family. The How family can be traced back to the seventeenth century, when Andrew How, " Mediciner," then resided at Penneld. In 1782, John How, also of the medical profession, lived at Damtoun, where he died in 181 6, and the lands of Damtoun and Plaintree, as before stated, are still in the family. Thus, although the How family was not so ancient in its origin as that of many landowners of the county, it could date back two centuries ; and, besides its antiquity, had other claims to notice. The profession of medicine was hereditary in the family — not less than eight of its members having, in succession, belonged to it, all residing at Damtoun or Penneld, though not confining their professional services to their immediate vicinity, but extending it over the county. Some, if not all, of them were distinguished medical practitioners ; and a few very curious professional accounts have been found by us, one of which has appeared among our selected documents from the County Records. It, like many others, was rendered to persons of good position in the county. The earliest mention we find made of them, in a medical capacity, is in 1687; but some of the previous lairds of Damtoun and Penneld belonged to this profession, and we believe that such a long succession of persons following the profession of medicine, and holding the position of landowners, is altogether unexampled in Scotland, and, like one of the most important medical associations in Scotland, they might with great justice have taken " Floriat Medica " as their family motto. John How, surgeon at Damtoun, who, in 1782, represented the family, is stated by Sempill to have m'dowalls of castlesemple. 67 been the twelfth "John" in succession who had occupied his position as owner of Damtoun. Independently of important and valuable services of this old family to the inhabitants of Kilbarchan as their medical advisers for many generations, the heads of the family were in succession held in great respect, and took a lively interest in the well-being of those around them of all classes ; and the last " John," who died in 18 16, at a great age, was venerated and esteemed not only in his native parish but over the county. OWARDS the close of the last and beginning of the pre- sent century, many Scotch lairds having a long line of ancestors, but with rent rolls insufficient for maintaining their social position, parted with their patrimonial estates to others, who, although not boasting of a long pedigree, had shared in the flow of wealth into the country through its commercial pros- perity ; and who, or their successors, now own a large part of the soil. But some of the old proprietors so circumstanced clung to the paternal estates, causing, in their efforts to keep possession, a struggle between their pride, which made them pertinaciously cling to the paternal estate, and their poverty, arising from the insufficiency of their income, to enable them to gratify it. In an interesting bro- chure from the pen of George Seton, advocate, — having the quaint title of " Cakes, Leeks, Puddings, and Potatoes," representing the four nations, Scotland, Wales, England and Ireland, Mr. Seton, re- ferring to the peculiar nationalities of the Land of Cakes, says " a good story is told of a small Highland laird, who contemplated the erection of a magnificent castle on a very limited territory, with re- ference to which one of his neighbours sarcastically remarked, ' I wonder on whose ground Mac intends to encroach when he carries his plans into execution.' This kind of pride and love of display, which poverty in this instance could not repress, was accompanied by a vast amount of discomfort, to which the more sensible English 68 JUDICIAL RECORDS OF RENFREWSHIRE. owners of land were strangers. The snug and cheerful mansion which could there accommodate an English landowner with a rental of _;^io,ooo a year, would have been regarded by many a Scotch laird, with an income of as many hundreds, as altogether unfit for the residence of his family." Unfortunately, the same tendency is discernible among the wealthy commercial class of our time, who frequently, in the erection of their modern mansions, forget what is required for comfort, to gratify a false and expensive taste for dis- play ; and internally in these mansions, and even markedly in their exterior, do ideas of comfort and usefulness and good taste give place to luxuriousness and extravagance in their style of build- ing, and furnishing, and decoration. This so strikingly contrasts with what was deemed necessary for use and comfort in a large man- sion-house of one of the wealthiest landowners in our own county a century ago, that we are induced to publish the inventory taken in 1747 of the furniture and plenishing of this mansion, at least so far as is Ukely to interest our readers, and enable them to mark the change from the ideas of 1747 of house furnishing and decoration to those of 1876. The Estate of Castlesemple was purchased in 1727 by Colonel William M'Dowall, the first of his name connected as a landowner with Renfrewshire. He was a younger son of Alexander M'Dowall of Garthland, whose family was of long standing and good position in Galloway. According to Semple, in his Continuation of Craw- furd's History of Renfrewshire, Colonel M'Dowall, in 1735, de- molished the old Castle of Semple, for centuries the residence of the noble family of Semple, and built an elegant modem mansion ; but adds that he was not certain how far " the Colonel completed " all the ornaments with which this grand fabric, as it stood in " 1770, was beautified, or at what periods new additions had been " made." Colonel M'Dowall was succeeded, at his death, in 1748, by his son William, second of Castlesemple, who added to his patrimonial estate that of Garthland, acquired from his cousin, William M'Dowall of Garthland, at whose death, in 1775, he as- sumed the title of Garthland, adding to it that of Castlesemple. He, again, was succeeded by his son William M'Dowall, who long occupied a prominent position in the county, being appointed Lord- Lieutenant in 1793, was elected at the successive elections of 1783, 1784, 1802, i8o6, and 1807, Parliamentary representative of the county, and died on 2nd May, 18 10, unmarried. At his decease, m'dowalls of castlesemple. 69 his services to the county were gratefully and unanimously acknow- ledged by resolutions of a meeting of the noblemen, gentlemen, freeholders, and magistrates of the county ; and a splendid public monument to his memory, by Flaxman, suitably inscribed, was placed in the Abbey Church of Paisley. Colonel Wilham M'Dowall, first of Castlesemple, died intestate in 1748 ; and, to ascertain the interests of the respective members of his family, an inventory and valuation of his whole moveable estate was made in that year, from which we pubhsh some extracts likely to interest our readers. This inventory being a very ample one, we have, as in the case of Blackstone, inserted it literatim amongst our statistical papers in the Section " Rents, prices, etc.," towards the end of the volume. The mansion, as described by Semple, in 1771, was an "elegant, large, modem house," and consisted of thirty-one apartments, and the inventory reveals the kind, quaUty, quantity, and value of its furniture and plenishing. We also learn from it, so far as can be thereby made known, the habits and style of Hving of the family, and are thus enabled to judge of ancient and modem ideas as to what was deemed necessary for use or comfort in furnishing and plenishing, by the comparing of the old county mansions occupied by the aristocracy with the houses of merchants, manufacturers, and traders in our own time, the latter being thought more in accord with greater refinement and increased wealth, and influenced by the un- controllable and extravagant and frequently eccentric dictates of fashion. In furtherance of this object of contrasting the past and present, we append to our present notes a copy of the inventory of the furniture and plenishing of the dining-room, the parlour or reception and withdrawing room, several of the bed-rooms, in- cluding Colonel M'Dowall's own room, and the napery in Castlesemple ; and, in order also to give our readers some idea of the style and cost of personal dress and decoration, we publish a list of Colonel M'Dowall's body clothes and personal omaments. Making every allowance for difference of value of money in 1 748 and 1876, and also for the moderate prices that may have been put upon the articles inventoried, it will somewhat suprise our readers to be informed that the total value of the contents of Castle- semple Mansion was, in 1748, according to the inventory, only ;^674 3s. 4j^d. It will further occur to the bulk of our readers that this sum would not cover the cost of furnishing a modern 70 JUDICIAL RECORDS OF RENFREWSHIRE. drawing-room of moderate pretensions, that it is now greatly ex- ceeded by the value of the contents of many a plate chest, that it would scarcely purchase a picture to adorn the walls of a fashionable dining-room, and go but a little way in defraying the cost of the store of wines required for use, or rather for ostentatious display, in the exercise of prevailing hospitalities. Indeed, the modern merchant, in the size and cost of his palatial residence and fur- nishing, now rivals and frequently throws entirely into the shade the most wealthy of the old and wealthy families of the last century. It will not escape notice that at Castlesemple the luxury of carpeted floors was almost unknown, the family, according to the inventory, only owning two carpets — one valued at 15s. in the parlour, and the other at ;£,2 in the family seat in Castlesemple Church. The furniture was plain and substantial, and, with excep- tion of about half a dozen mahogany articles in the parlour and bed rooms, was made of home-grown wood — the oak, the elm, the plane, and the walnut. The spinning wheels, of which there were a number, seem to have been industriously plied by the females in the family, for the quantity of home-made bed and table linen was large, and of blankets we find upwards of forty pairs, in addition to those in the bed-rooms, and mostly all of home manufacture ; and it is interesting to note from the inventory the number of pairs made each year. The family of Castlesemple were owners of extensive West India estates ; and we have in our first series of Selections from the Records of the County, pubHshed the names and value of the slaves, cattle, and other chattels held by them. In the mansion-house, in 1748, there was, in what was called " the West India chest," a large number of articles suitable for colonial use. It does not appear that Colonel M'Dowall was extravagant in dress, for the valuation of the whole of his body clothes and personal ornaments, including a gold watch and some ornamental silver articles valued at;^i3 13s., was only ;!f4i 8s. 6d. There is nothing in the inventory to show that the family indulged in other than the most moderate expenditure. They were satisfied with plain furniture. The contents and value of the wine in the cellar afford no evidence of excess in this direction. Literature, as shown by the family library, was represented by a total value of ;^3S. But the earliest decades of the last century, Hke the end of the seventeenth, were not remarkable as a literary epoch, and the quality of the books then read was determined by the spirit of a m'dowalls of castlesemple. 71 time when bitter religious animosity found expression in quite a deluge of controversial pamphlets, and a prevailing licentiousness gave a tone to many of the other books then published. It will be remarked that the inventory of the kitchen furniture and utensils enumerates 177 pewter articles, consisting of "pleats, tnmchers, covers for dishes, juggs, bassons, and measurers," and that they weighed upwards of two cwt., valued at 8d. per lb. or ;^8 1 6s. 8d. sterling. Such articles have been long superseded, for table use, by the china and stone ware which Josiah Wedg- wood began, in 1760, to manufacture and bring into general use. Pewter articles, previously used in the houses of rich and poor, soon after this came to be superseded by the productions of the potter ; and where the old pewter dishes of our fore- fathers have been preserved — and they are still to be found in some places — they have been kept more as antiquarian curio- sities than for use. In 1 747 some articles of china and stone and delf ware were in the Castlesemple inventory ; but the china articles must have been supplied by English and Dutch merchants, they being then an article of commerce, and so expensive as to be confined to the mansions of the wealthy. They were, consequently, few in number. There were then potteries in England. As early as 1690, a pottery for the manu- facture of glazed ware was established by two Dutchmen of the name of Eller, at Burslem, in Staffordshire, but the ware was very coarse in quality, and the late Josiah Wedgwood was the first who made any great improvement in this branch of manufacture, using the fine red clay of the district for making red and black porcelain. In the kitchen was also a large number of brass, copper, iron, and tin culinary articles; but, although curious enough, we have not space for their emuneration. The articles of glass, china, and stone ware in Castlesemple are, however, sufficiently curious to induce us to annex the entire inventory of them. They are valued at j£i 2 9s. i id. In the wine cellar, the contents will excite surprise, from being so very limited in the kinds and quantity of wines and liquors; and their cost, the whole being valued at ;£i'j i6s. sterling, contrasts in a remarkable manner with the contents and value of a wine cellar in the mansion of the upper, or even the middle class of the present day. Indeed, the wine was insignificant in quantity, and the six dozen bottles of rum, probably from the family estates in the West Indies, formed the greater part of the store of the Laird of Castle- 72 JUDICIAL RECORDS OF RENFREWSHIRE. semple, for the use of his family and the exercise of hospitality. But if the wine cellar exliibited such a regard for economy, the library, as we find its contents enumerated in the inventory, is equally remarkable— one work, " Reymer's Faedria Anglise," being valued at ;^2o, and the whole of the other books, described as small books, at £15, or ;^35 in all, for the mental and intellectual food of the laird and his family. So little importance seems to have been attached to books, that we find them stowed in what is named " the dark closet called ye library." It is to be regretted that the silver plate is not described in detail. With exception of a few articles specified, but not of great value, " the silver pleat at Castle- semple, being weighted, amounted to 35 lbs., at 53. 4d. per oz. : ;^i49 6s. 8d." Here again, the sum invested in " silver pleat" is so small as to be quite trifling in amount when compared with the contents and money value of a modern plate chest. Sije iSstate ot l^ouston. RAWFURD, in his History of Renfrewshire, 17 10, says that " upon the side of the River Grife stood the Castle and Barony of Houstoun. The Castle being situated upon an eminence, afforded a very agreeable and ex- tensive prospect of the County, the fabric being a large court, much improven by Sir John Houstoun then of that Ilk, with a beautiful avenue regularly planted, and having orchard, garden, and park equal to most in Scotland, and delectable woods surrounding the Castle." The family of Houstoun of that Ilk was of great antiquity, and if not the oldest, was at least one of the most ancient in the county, having its descent from Hugo de Padvinan, who obtained a grant of the barony from Baldwin of Biggar, Sheriff of Lanark, in the reign of Malcolm IV. Crawfurd, in his genealogical researches, for which he was so remarkable, found that Hugo de Padvinan was one of the witnesses to the foundation Charter of the Abbey of Paisley about the year 11 60. This Hugo was succeeded by his son, Reginald, who was followed by his son, Hugh, who proved a THE ESTATE OF HOUSTON. 73 benefactor to the monks of the Abbey by bestowing on them annuities of half a merk out of his lands in 1225. He was suc- ceeded by his son, Finlay de Houstoun, Knight, who lived in the reign of Alexander III., and was a witness to several Charters granted by the High Steward of Scotland, and also was one of the Scotch Barons who subscribed in 1296 the Bond of Submission to King Edward I. of England, commonly called " the Ragman's Roll," wherein he was designed Finlay de Houstoun, chevalier. From Finlay de Houstoun the estate descended through a regular succession of eldest sons down to the reign of James II., when Sir Patrick Houstoun, the then Baron, died, and in 1450 was buried in the Chapel of Houstoun, where a monument was erected to his and his wife's memories, bearing the inscription — " Hie jacet Patricius Houstoun, de Eodem, Miles, qui obiit Anno mcqccl. " Et D. Maria Colquhoun, Sponsa dicti Domini Johannis, quEe obiit mcccclvi." Sir Patrick was succeeded by his eldest son, Sir John, who died in 1456. He was interred in the Church of Houstoun,* under a canopy of freestone, with the effigies thereon of himself and his wife. Sir John Houstoun was succeeded by his son, Sir Peter, who was slain at the fatal battle of Flowdoun on 9th September, 15 13, where also fell King James IV. and the flower of the nobility and gentry of Scotland. The estate then came to his son, Patrick, who was knighted by James V., and was associated with John, Earl of Lennox, for the rescue of the Prince out of the custody of the Earls of Arran and Angus, and was slain in a conflict at Aven, near Linlithgow, in 1526. His son and heir, John, obtained a Charter of the Baronies of Houstoun from James V., in 1528 ; and, dying in 1542, was suc- ceeded by his son, Patrick, on whom James VI. conferred the honour of knighthood. He died in 1605. The estate fell to his son, John, who married Margaret, daughter of James Stirling of Keir, and died in 1609, being succeeded by Ludovick, his eldest son, * The old Parish Church of Houstoun was removed in 1875, and on its site there has been ei*ected a handsome Memorial Church, in affectionate remem- brance of Captain Archibald Alexander Speirs of Elderslie, M.P. for the County, by his mother, Mrs. Eliza Stewart Hagart — now the wife of Edward EUice, Esquire of Invergarry, M.P. — and his widow, Lady Anne Speirs, by whom the Church has been made over to the Heritors of the Parish. In a mortuary con- nected with the new Parish Church the monument of Sir John Houstoun and his wife is preserved. Captain Speirs died 30th December, 1868. K 74 JUDICIAL RECORDS OF RENFREWSHIRE. who married Margaret, daughter of Patrick Maxwell of Newark, and left two sons, Patrick and George. The eldest, Patrick, obtained the Houstoun Estate, and George became the founder of the family of the Houstouns of Johnstone. Patrick died in 1662, and his son, Patrick, inherited his estate of Houstoun, and was, by Charles II., created a Baronet in 1668. He died in 1696, and was succeeded by his son, Sir John, who, for upwards of twenty years, represented the County in Parliament. He was the last of the ancient family of Houstoun that inherited the Barony of Houstoun, having sold it to Sir John Shaw of Greenock, by whom it was disponed to Sir James Campbell, who died in 1731, leaving two brothers, both of whom dying with- out issue, the estate came to Sir James's three sisters, — Catherine married to Alexander Cunningham of Craigends ; another, married to William Cunningham, his brother ; and the third, to Alexander Porterfield. These ladies sold Houstoun Estate to Governor Macrae, of the East Indies, who, dying without issue, left his estates to James M'Guire, eldest son of Hugh M'Guire of Drum- dow, in Ayrshire, on condition of his bearing his name and arms. This James M'Guire Macrae was succeeded by his son, James, who ruthlessly demolished the ancient Castle of Houstoun, except one square of the buildings, and applied the stones for erect- ing houses in the village of Houstoun, which he had feued off in thirty or forty lots. The Castle is described by Semple as having been " one of the strongest, most elegant, and ancient structures in " the county, the fabric being five squares, with a court within " having one entry thereto with a great iron gate or portcullis, and " the lowest window being 12 feet from the ground, and having a " high tower on the west side." This historian states that the whole town and parish of Houstoun had belonged to Sir John Houstoun, except one house in the old village of Houstoun, before being sold to Sir James Campbell. In 1782, the Barony of Houstoun was acquired by Alexander Speirs of Elderslie, from James Macrae. To the ancient Barony, Mr. Speirs added the estate of Fullwood, purchased from John M'Dowall, second son of William M'Dowall of Castlesemple, and also the lands of Blackburn, which had belonged to an ancient family of the Sempills, and were also purchased by Mr. Speirs from the said John M'Dowall. Archibald Speirs of Elderslie died in 1832, and was succeeded in his estate of Houstoun and other extensive THE ESTATE OF HOUSTON. 75 possessions in Renfrew, Abbey of Paisley, Mearns, and Neilston Parishes, in Renfrewshire, and Govan in Lanarkshire, by his son, Alexander Speirs, who married Eliza Stewart Hagart, daughter of Thomas Campbell Hagart of Bantaskine ; and at his decease in 1844, his whole estates came into the possession of his only son, Archibald Alexander Speirs, born on 5th June, 1840. In the year 1865, and again in 1868, Mr. Speirs, then a captain in the Scotch Fusilier Guards, was elected to represent his native County of Ren- frew in Parliament. His death on 30th December, 1868, at the early age of twenty-eight years, deprived the County of his services, but not before he had shown such energy, intelligence, aptitude for and attention to legislative and other public duties, as to induce his constituents to hope and desire that he should have a long career of public usefulness. Captain Speirs's public life, although brief, was such as, combined with his many private virtues, made his loss by death to be universally and deeply lamented. He was married on 3rd September, 1867, to Lady Anne Pleydell Bouverie, daughter of Jacob, fourth Earl of Radnor, and is succeeded in his extensive estates by his posthumous and only child, Alexander Archibald Speirs, bom on 3rd June, 1869. ^^1 ^ ^S ^ ^fe fm fe ^ffl M SECTION III. COUNTY COURTS. 2ri)e ^trministration of tljj iLato. HE period from 1680 to 1730 was one, as every reader of history knows, of intense interest, although by no means so exciting and eventful as the immediately preceding fifty years. After a long period of per- secution, tyranny, and misgovernment, the people of Scotland, from the time of the Revolution, began to breathe more freely, and to feel their energies released from the grasp of a resistless and over- powering oppression, — having, with the change of dynasty, regained their liberties and come under the benign influences of a more paternal and constitutional Government. Trade, commerce, and agriculture, if not capable of at once reviving, had fewer obstacles thrown in the way of their progression ; and the people, feeling that better times had arrived, began to think about and to put into practice the means of improvement. But the administration of the law, and relief from its oppressive enactments, did not keep pace with other national changes. The laws made in the time of the Stuarts, by subservient " estates of the kingdom," to further civil and ecclesiastical tyranny rather than to promote the interests of the people, remained unrepealed, and their administration down to 1748 was in the hands of heritable judges, who bought their offices and jurisdictions along with their lands or purchased them for the sake of the dignity, profit, and patronage they conferred. These heritable judges, sheriffs of coun- ties, and baillies of baronies, moreover, did not themselves execute the duties of their offices, but entrusted their administration to deputes, substitutes, and baillies, who had to recompense themselves for their public services by imposing penalties and fines sanctioned by law, but grievously oppressive on the people. To the exposure Fac-Similies of Signatures of the successive Sheriffs Depute of Renfrewshire, from 1748, when Heritable Jurisdictions were Abolished, to 1877. {of Wtiliamjtiood.) 1748-87. '^Acti^d^^J0oH/af£, (of Cruhen, Advocate.) {Lord Meadoi.vbank. ) {Sir John Connelly "Judge Admiral.) {Advocate,) {Lord Benholme.) 1854-63. {Lord Onnidale. ) / (Lord Ormidale. (Advocate, Sheriff of Renfrew and Bute.) THE ADMINISTRATION OF THE LAW. 77 of this grievous system of local administration of the law in our own county, we now devote a few papers, in addition to the numerous illustrations we gave in our previous volume. The examples given afford additional evidence that the sentences of the subordinate judges in criminal cases were frequently cruel and oppressive, and quite unwarranted by the nature of the crimes or offences, and that the authorities, moreover, employed the Star Chamber-like practice of making the accused parties criminate them- selves on oath, in some instances dragging as many as fifty respect- able parties before them in one general libel for offences not specifi- cally set forth, and of which, if committed at all, the accused were not charged as guilty, or of being actors or having art and part therein, but vaguely as having committed offences generally against a long list of statutes specified in the libel ; and, instead of attempting to prove their guilt by legal evidence, the court compelled each accused party to swear that he had not, within an indefinite time, or undefined place, committed an offence or offences against the provisions of some one or other of these statutes, and in the event of his failing to swear negatively he was subjected to heavy penalties. When the accused parties were libelled separately, a similar mode of obtaining conviction by com- pelling the accused to swear was adopted. Our investigation into the very numerous criminal prosecutions in the courts of the Hereditary Sheriff of Renfrewshire, at the close of the seventeenth and early in the last century, shows that the Sheriffs, Deputes, and Substitutes were deeply impressed with the expediency of stamping out crime by severe, and in many cases most unjust and oppressive punishments. In petty cases of " pickering, pilfering, and unlawfully appropriating," or " thieving," in addition to personal punishment by imprisonment, exposure on the pillory or in the stocks, with banishment from the county and in some instances to " the plantations," pecuniary penalties, from p£'ioo to £s°° Scots, or from two to three hundred merks Scots, with imprisonment until payment, were frequently imposed; and in trifling cases of assault or breaches of the public peace, fines ranging from ;^io tO;^3oo Scots inflicted. No doubt the time mentioned was somewhat remarkable for lawlessness, and especially for a proneness to violence and outrage, and a too free use of " swords, staffs, and batonns," which en- dangered life and caused bloodshed ; but making every allowance for this as justifying severity, the punishments inflicted were some- 78 JUDICIAL RECORDS OF RENFREWSHIRE. times absolutely barbarous and cruel, and, as a rule, severe and op- pressive, and in almost every case greatly disproportioned to the character of the offence. A fine was almost always imposed, al- though, in cases of theft, imprisonment, the pillory, or banishment from the county would have been more appropriate. For this it is rather difficult to find a reason, unless in the fact that the public prosecutor did not, as now, prosecute "for the public interest," but according to the phraseology then used, " for his own interest," which could only be secured by the infliction of pecuniary penalties. No remuneration for payment, either of the Sheriff-Deputes, or Sub- stitutes, or Fiscal, other than the funds raised by fines and penalties, would seem to have been provided ; and we incline to the belief that in this is to be found the only explanation of their oppressive sentences. It is also worthy of remark that a suspiciously small number of the prosecutions raised came to trial. The libel, often containing a serious charge, was served on the accused, as shown by the officer's execution ; but when the day of trial came, it was not called, while no reason appears in the record for its being withdrawn. It is to be feared that in many of these cases the crime or offence was condoned by arrangement with the private or public prosecutor, and this corrupt practice must have been tolerated by both Sheriffs and Fiscals, who controlled the case and caused a failure of justice by an over-attention to " their own interest," they being thus forced to find remuneration for their public services, otherwise unprovided for, in this corrupt and illegal, and, so far as regards the public interest, most dangerous and oppressive manner. In regard to this disreputable mode of official remuneration,' it is remarked by the directors of prisons in Scotland, in their first report in 1839, "that the barons and owners of land in Scotland, who held hereditary legal jurisdictions, while they derived dignity and honour from their offices, also reaped large profit from the exercise of their powers in the fines and amercements they imposed on those of the lieges guilty of contravention of the laws, many of them of a most oppressive nature, which had been enacted during the reign of the Stuarts, and were unrepealed when heritable juris- dictions were abohshed in 1747." In the county of Renfrew, the Earl of Eglinton was hereditary Sheriff-Principal of the county, and Principal Baillie of the regality of Paisley, and appointed several deputes and substitutes, who exercised all the powers vested THE SHERIFFS OF RENFREWSHIRE. 79 in His Lordship ; while in many baronies throughout the county the owners discharged the duties of BaiUies, or named Depute and Substitute Bailhes who acted for them. No provision, as we have seen, being made by Government for payment of such sub- ordinate officials, they had to find remuneration in fines and amercements. It thus became their interest strictly to exercise their powers ; and to this may be attributed in some degree the numerous prosecutions for crimes and offences during the fifty years from 1680 to 1730, to which we so fully called attention in our first volume of Selections froni the County Records, as illus- trating the manners of the people and administration of the law at that important period of our national history. This objectionable state of matters was greatly ameliorated by the aboUtion of the office and jurisdiction of Heritable Sheriffs in Scot- land in 1747, by the Act of George Second ; after which the Crown appointed Sheriff-Deputes, mostly members of the Scotch Bar, for the counties, and provided for their payment by salary. This caused a complete revolution in the mode of conducting the civil and criminal business of the Courts. The proceedings in civil and criminal causes were brought into more regular and systematic form, the punishments in criminal cases became less severe and op- pressive, and the practice of condoning crime by withdrawing of prosecutions by arrangement with the officials was effectually put an end to, the number of cases of petty crime brought into Court thus becoming much less numerous. As a preliminary to our selection of papers, illustrative of the severe and frequently questionable administration of the law, we append a list of the Sheriffs of the county in the period referred to. Wi^t Sii)cr(ffs of ISenfreinsIjire, 1680 to 7130. ENFREW, formerly a Barony, was by Robert III. erected into a shire, and the heritable Sheriffship was conferred on an ancestor of Lord Semple, who had before held the office of Steward of that Barony. The office of Sheriff- Principal was held by successive heads of that family until 1636, So JUDICIAL RECORDS OF RENFREWSHIRE. when it was acquired from Hugh, Lord Semple, by Alexander, Earl of Eglinton, who then owned the Baronies of Eaglesham, and East- wood, and other lands in Renfrewshire. In the Eglinton family the office remained until 1748, when on heritable Sheriffships being abolished by the Act of George II., the Earl was compensated for the loss of his hereditary office of Sheriff, by payment of a sum of ^5000 sterling. This sum shows that the office of Sheriff- Principal, besides the dignity it conferred, was of great money value, from the fines and penalties imposed and the patronage connected v\dth it. We find from Judicial Records that the following gentlemen held the commission of Sheriff-Depute : — in 1684, John Crawford ; 1685 to 1687, Alexander Hume; 1687, Robert Hall; 1696 to 1728, Robert Sempill ; and 1702 to 173S, John Maxwell. Of these Deputes, Crawford was of the family of Cartsburn, then of con- siderable importance in the county. Robert Hall, who resided at Polnoon, was Baron Bailie of Eaglesham and Eastwood, and, according to Wodrow, had the repute of being an active persecutor of Nonconformists. Robert Sempill, of whom we formerly took notice, was proprietor of Balgreen. John Maxwell owned the estate of Wilhamwood, in the parish of Cathcart, of whose family Semple, in his continuation of Crawfurd, says, " The castle " and barony of Cathcart was acquired of Bryce Semple of Cath- '• cart, by John Maxwell of Williamwood, Sheriff-Depute of Renfrew, " and was in 1782 the property of James Maxwell of Williamwood, " his great grandson." Crawford, in 17 10, says, "Near Bogton, is " the house of Williamwood, the seat of, and from whence John " Maxwell, Sheriff-Depute of Renfrew, takes his designation, and is " descended from the Maxwells of Auldhouse, one of whom was son " of the ancient family of PoUok." Semple adds, " A large addition " was built on the front of the house of Williamwood, bearing date " 1763, with office-houses in form of a court, having a good orchard " and garden adjacent to the west side." The estate of William- wood, long inherited by the Maxwells, passed from them early in the present century to the Stewarts of Williamwood, and is now the property of Captain James Stewart. We further find from the same source that the office of Sheriff- Substitute was held in 1694 by James M'Alpie, — from 1726 to 1729 by John Baird, and from 1727 to 1734 by Claud Simpson. James M'Alpie, for a number of years, was also Sheriff-Clerk, as well REMARKABLE SENTENCE BY THE SHERIFF. as Clerk of the Regality of Paisley. A few particulars regarding him will be found in our first Series, page 56. Claud Simpson was a writer in Paisley, and was appointed in 1 748 Sheriff-Substitute, by Charles M'Dowall, the first Sheriff-Depute who held office after the abolition of Heritable Jurisdictions. It is evident that besides those we have mentioned, there were other appointments of Sheriff-Deputes and Substitutes throughout the county; for in 1739, when Henry Maxwell was depute under Lord Eglinton, he found it necessary to make the following intimation in regard to those that then existed : — " Paisley, " I November, 1693. — The Depute in regard he intends to sitt " this Session himself, recals all former Substitutions of the " offices of Sheriff and Bailie, and declares the same judicially void " and null firom this time furth. (Signed) Henry Maxwell." Regarding older appointments of Deputes and Substitutes the County Records are silent. In the Burgh Records of Paisley, we find the following minute of an appointment so far back as the second year of the seventeenth century: — "Paisley, 9 March, 1602. — Sir James " Sempill, Knt., admitted Sheriff-Substitute in presence of the " honble the Master of Paisley, upon a commission from Robert, " Lord Sempill, Sheriff-Principal of Renfrewshire, and Robert Vass " appointed to be Sherifif-Clerk." Henry Maxwell of WilHamwood, so far- as we have been able to ascertain, was the last Depute appointed by the Hereditary Sheriff of the County. 1685. HE proceedings in a criminal prosecution in 1685, the earliest of such cases we have yet examined, afford a specimen of the way in which the local judges at that time administered the law, and the remarkable absence of any due relation of the punishment inflicted to the nature or ex- tent of the crimes charged and established by the evidence. In this case, the charge was that of assault, of which there was no sufficient evidence ; but of a brawl and breach of the peace 82 JUDICIAL RECORDS OF RENFREWSHIRE. there was enough to warrant a conviction, had this been the ofFence libelled. The Sheriff, however, without finding the assault proved, fined each of the two accused parties in the large sum of ^loo Scots to the Fiscal, and ten pounds Scots of damages or assythment to the private pursuer, — the party assaulted ; but, although the pursuer was thus found entitled to damages, the Sheriff fined him also in fifty pounds Scots for fighting with the two defenders, although there was no complaint against him nor craving made for fine against him in the course of the procedure, the whole evidence only going to establish that the private pursuer and the defenders were fighting, and thus all equally guilty of a breach of the peace, of which offence, however, they were not charged in the libel. Two hundred and fifty pounds Scots of fines were thus imposed on the parties, which went into the Fiscal's pocket ; proving that in this, as in too many of the very numerous criminal cases brought into the Sheriff Court before heritable and irresponsible judges and their jurisdictions were abolished, the raising of funds by heavy fines and penalties was, without doubt, one of the chief reasons for the prosecutions. There is one feature of this case deserving notice. In the course of the fight, one of the defenders drew a knife and threatened to use it against the private pursuer ; it thus appearing that a practice now so general as to cause a loud demand for its suppression was not unknown two centuries ago, but was, indeed, very common, as our previous notes on other cases show. The following is a copy of the whole proceedings in the case now under our notice : — " CRIMINAL LIBEL. " Alexr., Earle of Eglintoun, Sheriff- Princl. of Ye Sheriffdome of Renfrew and Bailie-Princl. of ye Regality of Pasley, to Our officers and servants in yt pairt, conjly and sevally specly constitute. For- asmeikle as it is humbly meant and complained to me be our Lovitt, Mr. John Rankine, in Capibrigg of Eglisame, and Mr. our Pror-Fiscall of ye said Sheriffdome and Regality, against James and David Wylies, Mosslands, That qr upon ye twentie daye of August instant, the sds Defrs having shaken off all feir of God and His Majesties laws, and so having conceaved ane deedly haitred and enmity against ye sd John Rankine, Perseuar, They, without any provocation or just cause, having accidentally mett together at Cathcart Town when they were coming from Rutherglen, did, out of pre- cogitat malice & forgonst fellonie, besett & fall upon ye person of ye sd John Rankine, and did batter him with ane Batoun over ye head, pulled him by ye Craig-cloak and left ye same in pieces and had almost strangled him yrwith, REMARKABLE SENTENCE BY THE SHERIFF. 83 threw him down to ye grond wher one of you keeped him doun and ye other struck upon his head and body as if he had been ane stock or stane, and when he endeavoured to rise and gett from ym, they drew ane durk and with it voued and offered to doc for him and strike him yrwith, and cutt his hands and ye fingers yrof, bytt him with your teeth, wounded his legs, and gave him many hard and bloody stroaks to ye gi-eat effusion of his blood in such quantity that, had it not been ye providence of God and ye help of gude neighbors, they had deprived him of his life, therefore they have committed ane great assassination and are severely punishable be His Majesty's laws for doing ye same : Therefore they, and ilk ane of ym, aught and should be decerned to our said Fiscall ye soume of Two Thousand Merks and ye lyke soume to ye sd John Rankine for his damage and assythment, and to be pvinished in their persones in terror of oyrs not to doe ye lyke in tyme coming : Therefore, &c." " PROCEDURE. " 25 August, 1685, Kirkhouse, pres Sh: Dept., Wm. Simpson and the Fiscall. Mr. Niel Snodgrass for the Defrs, & ye Judge admits the Lybell to probatione repelling all yr Defences." " James Andrew, in Pilmore, of ye age of 40 years or yrby, married, solemnly sworn and interrogatt upon ye Lybell, Depones he saw the two Wylies ly upon the Pursr, stryking him, and had not parted from him if it had not been for ye help of neighbours, and that he saw them all in oyrs hair and knows no more, and declares he cannot wryte. " " George Pollock, in Waterfoot, of ye age of 40 years or yrby, married, solemnly sworn and interrogatt at supra, depones that he saw ye haill three fyght and throw each oyr, and yt within a rig length or two or three, Rankine remaining, he saw in blood of his own blood and his head was broken, and knows no more, and this is ye truth as he sal answer to God. " George Pollock." ' ' John Gilmour, in Malletsheugh, of ye age of 36 years or yrby, married, solemnly sworn and interrogat at supra, depones he saw both the Wylies upon the Complr, and saw them all fyghting together, and yt he saw James Wylie have ane knyfe in his hand and offered to stab the complainer yrwith, and furrher depones he saw John Rankine above James Wylie, and saw John Ran- kine was bleeding after they were pairted, and this is ye truth as he shall answer to God. "John Gilmour." "John Rankin, in Broadlees, of ye age of 36 years or yrby, unmarried, solemnly sworn and interrogat at supra, depones he saw both the Wylies upon the Complr, and ane knife in James Wylie's hand drawn, and heard him say he would stab ye Complr, andyt he saw ye Complr bleeding ye tyme of ye stryking, and yt he saw ye Complr upon James Wylie, and 'this is truth. "J. Rankin." " The three last deponents being interrogatt what provocation Rankin gave, depones they heard Rankin call James Wylie Cochran for the bairns. " The Judge grants this day eight days to Wylie, for proving the scandal con- tained in his complaint. " The Judge, in respect of ye probn decerns James and David Wylie each of ym in ane hundredth pounds to ye Fiscall, and ye sd James in ten pounds for 84 JUDICIAL RECORDS OF RENFREWSHIRE. ass)rtliinent to ye pursuer for curing of his wounds, and both to remayne in prison ill they pay aforesaid. "Decerns against ye said John Rankin in fiftie pounds for fighting with the two Wylies, and to remayne in prison till he satisfied ye samin. " ©pprcssibe ^uttisf)ment for Common Assault, 1687. MOTHER of the earlier instances of the oppressive pun- ishments inflicted in the Sheriff Courts for petty offences is to be found in the criminal libel annexed hereto, in which Thomas Hill, at Govan, is represented as having been, on 26th July, 1687, " set upon and straik, bledd, wounded, and abused, to ye great effusion of his blood, at Wallneuk of Paisley, by James Patoun in Govan Kirk, and Alexander Jamieson, in Possil." The crime was by no means unusual at the time, as deeds of violence, with and without weapons, and generally to the great effusion of blood and often to the danger of life, were almost of daily occurrence. The criminal cases arising out of such encounters in fact occupied a great deal of the time of the Sheriff and Baillies of Barony, the fines imposed, as has been already remarked, supplying the whole of the remuneration to the Judges and pro- secutors ; the prosecutions, although ostensibly in the public interest and to " ye terror of ye oyrs," resulting in penalties almost invariably of a pecuniary nature, in the shape of unlaws and fines, always severe, and well calculated to inspire terror of the law and its admin- istrators. This was bad enough ; but proceedings thus used chiefly as a source of providing for the payment of officials, became alto- gether oppressive, and brought the administration of the law, by Sheriffs, BailHes, and other hereditary judges, into contempt, and roused such a general feeling against all hereditary jurisdictions as ultimately caused their entire abolition, and the substitution for them of Sheriffs appointed and paid by the Crown, a change which was hailed with great satisfaction throughout the country. The case'against James Patoun is one of very many cases where OPPRESSIVE PUNISHMENT FOR COMMON ASSAULT. 85 the Sheriff showed an unjustifiable disregard for justice, while the fine imposed evinced that attention to the interests of himself and the public prosecutor which was generally observable in Sheriff Hall's decisions. The assault on Thomas Hill complained of was, as stated in the libel, committed by two parties, James Patoun and Alexander Jamieson. But without any apparent reason, Patoun alone was prosecuted ; but possibly, as was then very common, the charge against Jamieson was condoned. Again, there is the ab- sence of all legal proof of an assault on Hill, while the Sheriff, without such evidence, inflicts a fine of ;^so Scots on Patoun, holding a statement made by him — that he was pursued by Hill, who struck him several times with a sword, when he turned on his assailant and "straik him to the effusion of blood" in self-defence — as a sufficient confession of his guilt. The sum of ^^'so Scots was, in 1687, equal to ^^o sterling now, according to the value of money, and was a fine altogether disproportioned to the offence charged against Patoun, which was simply assault to the effusion of blood, without the aggravation of its being committed with any dangerous weapon. It certainly was a dangerous and oppressive power with which the numerous parties nominated Deputes and Substitutes of the Heritable Sheriffs of counties, and Baillies of Barony, were invested, especially as they were not directly re- sponsible to the Crown, and were exposed to the temptation, and indeed almost forced, to oppress the lieges, by being obliged to find in the penalties they inflicted their only recompense for their public services. COPY LIBEL AND PROCEEDINGS THEREON. " Complains ye Pror Fiscall of Court upon James Patoun in Gaven Kirk, That whereas upon ye 26 of July last, 1687, ye said Defender and Alexander Jamieson in Possill did fall upon ye persone of Thomas Hill in Givan, and straik, bledd, wounded, and abused hym to ye great effusion of his blood att ye Wallneuk of Paisley, whereof he ought to be punished. " " 12 August, 1687.- — Actor Fiscall. The Defender also present, Confessed that ye night lybelled being pursued by Thomas Hill with a sword, and having received serall stroakes from hym, I turned and straik back at him to ye effusion of his blood. "James PATonK." ' ' The Sheriff unlaws ye Defender in Fiftie punds Scots in respect of his con- fession. " "Ro: Hall, Sh: Dpt." 86 JUDICIAL RECORDS OF RENFREWSHIRE. (Conflicting fS^eritafile JuriBtriciions antr (Konsc= Qumt ©ppcesisitin of tf)t Hiescs. HE host of Heritable Jurisdictions and Judges in Scotland were a source of continual injustice and oppression to the lieges. The iniquitous system of procedure, re- sulting from the officials being forced to find remunera- tion for the discharge of duties, for the performance of which no payment was provided further than what could be extorted le- gally or otherwise from those guilty of offences, frequently as little warranting prosecution as the proceedings were unjust and irreg- ular, necessarily led to the public being regarded as an available source of plunder, and even to the occasional bringing up a party on the same charge before two different courts, and the infliction of double penalties. The case of "Andrew How, Portioner in Pennell," Kilbarchan, is an example of the particular specimen of oppression referred to. Kilbarchan, at the period of the occurrence (1687), was a place of considerable note with a population exceeding that of Renfrew, the head burgh of the shire, and not much inferior to the town of Paisley at the same period. The town was within the Barony of Craigends, and had the privilege of holding fairs and markets for exhibition and sale of the products of the district around, and races. The Laird of Craigends, as owner of " the grounds of ye Barony," had jurisdiction in criminal causes within his Barony ; and the Hereditary Sheriff of the County, the Earl of Eglinton, held a cumulative jurisdiction with the Baron. From the court records, the Sheriff's deputies asserted and exercised not only a cumulative but a superior jurisdiction in cases of crime, disregarding the rights of the Barons, and frequently took cognisance of cases after prosecution and conviction in the Barons' courts. This high-handed procedure, as may well be supposed, was looked upon by the Baron as an illegal usurpation of his rights, and by the lieges as not only illegal but grossly oppressive. The plea of res judicata, when pleaded in cases of double prosecution and punishment, had not the effect of staying the hand of the Sheriffs deputies, and of this we give an example. Annually, in the month of July, there was a public market held CONFLICTING HERITABLE JURISDICTIONS. 87 in Kilbarchan, where dairy and other farm produce, and wool and lint, then spun in every household, and cloth manufactured there- from in Kilbarchan, as well as numerous wooden utensils, and horses and cattle, were exposed for sale. At this market, in July, 1687, there were present among the crowd assembled from neigh- bouring parishes, Andrew How, portioner, residing in Pennell, near Kilbarchan, and James Stevenson, in Ranfurly. How held a good position, being owner of the lands of Pennell, Damtoun, Plainlees, and others in Kilbarchan parish, and he was "a mediciner" or practising surgeon, well known throughout the county, and to whom we have had occasion to refer in a preceding section, while Steven- son was tenant of the lands of Ranfurly. These parties, from their social position, would not, if living in our more civilised and law- respecting times, have been found among brawlers in a market place on market day, using violence towards each other, such as we now too frequently witness as the consequence of drunkenness. They, however, did quarrel, and so conduct themselves as to bring them under the notice of the local authorities, — the Baron of Craigends and the Sheriff-Depute of the County, — the Baron and Sheriff, each of them, as we have already stated, claiming a cumulative jurisdic- tion, that led to the prosecution of How both before the Baron of Craigends and the Sheriff, and to double punishment " for ye terror of ye oyrs." The Baron Officer, according to How's statement in his defence before the Sheriff-Depute, had first taken cognisance of the case, the result being his conviction of an assault on Stevenson, and the imposition of a fine by Craigends of thirty pounds Scots. This prosecution must have followed instantly on the commission of the offence, on 1 8th July ; but Stevenson, with concourse of the Sheriffs Fiscal, raised another criminal libel against How, who was cited to appear before the Sheriff on the 1 9th to answer to the libel — the charge in this case, being, as in the Baron Court, assault on Stevenson. This criminal libel is, like most others of the time, a quaint and curious legal document. It states that " ye invaiding and assassin- " ating of any person in ye Hie-way and public Mercat place and " there baitting, bruizing, and wounding of yem be crymes of ane " high nature and severely punishable : Yet it is of verity yt. ye sd. " defender out of forgongst and precogitat malise did yesterday, " being ye i8 July instant, in Kilbarchan town qn I was most " peaceably conversing with sevl of my freinds and acquaintances 88 JUDICIAL RECORDS OF RENFREWSHIRE. " most unrighteously and inhumanly without ye least provocation " invade and beat me with his staffe, rung, sword, cudgell, and " yrwith fell upon me dang and strok me to ye ground, and laid " many a hard blad and blood strock upon my person yrwith in " presence of great multitude of people, being ye mercat tyme, who " and a good providence brought me furth of his hands oyrways he " would have depreved me of my life by all probabiUty ; whairfor " he ought and should be unlawed in Fiftie punds of assythment " and otherways punished in his person and goods in terror of ye " oyrs. not to do ye like. Therefore," &c. On the 19th of July, How appeared before Sheriff Depute Hall, with his agent, Mr. Neil Snodgrass, within the Tolbooth of Paisley, to answer to the libel, and gave in written defences, in which inter alia it was pleaded that " The defender must be assoilzied in respect " the alleged blood was first attached and investigated by ye Laird " of Craigends' ofiScer, within whose bounds the pretended scuffle " was committed, and sua it htmg partitnus judicata axid the Barone " of the ground having the first attachment, as sead is, the Sheriff " Depute, altho' having ane cumulative jurisdiction, the defender " cannot be liable in hoc foro, and for verifying of this defence the " defender craves ane competent time to produce ane decreet " charged and discharged of the souma of thritie punds." The Sheriff, however, repelled the defence and found the libel relevant, and after oath of calumny allowed probation. In a long trial, the following witnesses were examined and their depositions taken in writing, viz. : — Janet Aitken, in Barmashort ; John Miller, in Lochermilne ; Agnes Fleming, in Kilbarchan ; John Adam, in Kilbarchan ; Margaret How, spouse of the said John Adam ; Janet Miller, servant to John Speir. These depositions contained state- ments curiously illustrative of the barbarous manner in which How and Stevenson attacked each other and the nature and extent of the injuries suffered by the pursuer Stevenson, but they are too long for insertion here, and we confine ourselves to the appended de- position as a specimen. The defender How being called, emitted the declaration also ap- pended. The Sheriff then pronounced judgment, and found that Andrew How had " straiken the pursuer Stevenson sufficiently proven," and therefor amerciated him in Ten Pounds Scots to the Fiscal, and Five Punds of assythment to the pursuer. There cannot be a doubt that, looking at Sheriff Hall's decisions CONFLICTING HERITABLE JURISDICTIONS. in similar cases, he was influenced in fixing the fine and amerce- ment of damages, or assythment, at so low figures, by a considera- tion of the fact of his whole proceedings being irregular and alto- gether illegal ; and that he ought to have given effect to the de- fender's plea of res judicata, and also perhaps by the considera- tion, which he could not lose sight of, that How, who, although " opulent and substantiouse," and quite able to pay a much larger fine and amercement, had already been fined for the same offence in thirty pounds by the "Baron of the Ground," the Laird of Craigends ; and had the Sheriffs fine been larger, the case might have been carried to the Supreme Court, the offences in them- selves as little warranting prosecution as the proceedings were unjust and irregular. " Criminal Libel. " Unto your Lop: humbly means and complains, I, James Stevenson in Ramforly, and ye Pror Fiscall of Court, for his interest upon and against Andrew How, Portioner in Pennell, That qr ye invading and assasinating of any persona in ye hie way and public mercat place, and there baitting, bruizing, and wound- ing of yem be crymes of ane hie nature and severely punishable, yet it is of verity yt ye sd Defender, out of forrgongst and precogitat malise, did, yesterday, being ye 1 8 July instant, in Kilbarchan toun, qn I was most peaceably conversing ■with sevl of my friends and acquaintances, most unrightiously and inhumanly, without ye least provocatione, invade and besett me with his staffe, rung, sword, cudgell, and yrwith fell upon me, dang and strock me to ye ground and laid many a hard blad and blood strock upon my person ynvith, in presence of a great multitude of people, being yr Mercat time, who, and a good providence, brought me furth of his hands, oyrways he would have dipreved me of my life by all probability ; whairfor he ought and should be unlawed in fiftie punds of assythment and otherways punished in his person and goods in terror of oyrs not to do ye like. Therefore, &c. " DECLARATION OF DEFENDER. " Defender present confest judicially to he and Pursuer struggling when he stroke at him, wherettpon he fell struggling. " Andrew How." Deposition of Margaret How, spouse to John Adam, a witness, who, with five others were examined on oath. " Margaret How, spouse to John Adam, depones that Stevenson being kindling his pype at ye fire, Andrew How said to him. Is not you a pretty man to hold up signs to any man's cook upon ye hieway, whereto Stevenson angered, and, by his Maker, he would hold his hand to his, whereupon Andrew How gave him ane shott on his breast till he fell upon a sack of meal, upon which Stevenson arose and fastened his hands in How's hair, and rugged him down above him, for which Andrew made for ye yeard, and challenged him furth to 90 JUDICIAL RECORDS OF RENFREWSHIRE. fight him if he durst for his soul, and this be a verity as she shall ansr to God. Depones she cannot fl-rite." " SENTENCE. " The Sheriff finds that Andrew How has straiten ye pursr, Stevenson, suffitly proven, and therefore amercats him in ten Pounds to ye Fisk, and Five pounds of Assythment. " Ro: Hall, Sheriff-Dept." Ittfprftftisifile (itmitiottation oi OTrime fig Hab ©fiKcers, 1687. HE Records of the County Courts afford ample evidence that condonation for offences by means of money pay- ments was deep-rooted and universal. We have al- ready alluded to the fact of non-payment of officials, and the case we now quote has been selected, not so much in relation to the crime charged, as affording a well authenticated instance of condonation of crime by the authorities, with the effect of preventing the due execution of the laws, and necessarily infer- ring corruption and abuse of their powers. From the criminal complaint and proceedings annexed, we learn that in the month of January, 1687, " a sack and certain salt, with certain other goods, " belonging to James Algie, meilman, in Erskine, had been " violently and masterfully intromitted with and away taken furth of his custody, and kept and detained, by William Andrew in Easter Greenock," for which crime of theft a criminal complaint was presented to the Sheriff, at the instance of the Pro- curator-Fiscal of Court, against Andrew, and he was brought before Sheriff-Substitute AVilliam Simpsone on the 28th day of said month of January, when his agent, Robert Fork, was allowed to see and answer the complaint till the Thursday following, and having on the 30th lodged defences, and the fiscal replied on 5 th February, the Sheriff repelled the defences, and admitted the complaint to proba- tion, when the Fiscal condescended to t^xon^ jicramenta, or by the oath of the accused. At that stage this case, like very many others, dropped, and the accused was allowed to escape "pimishment in his person and goods, in terror of ye others to doe ye lyke crymes in tyme coming," REPREHENSIBLE CONDONATION OF CRIME BY LAW OFFICERS. 9 1 as craved in the complaint. The hereditary Sheriff and his numerous Deputes and Sub-Deputes — for we find several others holding, along with William Simpsone, such appointments in 1687 — held and exercised an uncontrolled and irresponsible judicial power, which the criminal records of the county prove was brought to bear upon the purses rather than the persons or goods of delin- quents, not in vindication of the law, but for the pecuniary advan- tage of the authorities. It has been formerly shown that the subordinate Sheriffs and the Fiscal were very unscrupulous, dis- regarding both the laws and forms of procedure in their attempts to levy excessive fines, without having any justification for such con- duct, by informations of the offences or preliminary investigations. It has also been explained that these officials were paid for their legal services by the fines thus levied on the lieges. There appear among the Judicial Records very many criminal libels and com- plaints against accused parties, charging them with crimes and offences, and craving punishment by imprisonment or the imposi- tion of large fines, where the Sheriff finds the libels or complaints relevant, allows a proof thereof, and assigns a diet for proving ; but, being thus brought up to the point when the Fiscal ought to have followed up his complaint by proof and asked for judgment, the cases are allowed to drop, without any reason whatever assigned, or even a desertion of the diet craved or minuted. It is therefore not uncharitable or unjust to say that this practice of instituting prosecutions against numerous parties for crime, and, when the stage of trial and punishment came, allowing the accused parties to escape by abandoning the prosecutions, was anything more or less than condoning crime for an equivalent, being, it must be supposed, payment of a sum of money, which, when obtained, was pocketed by those in authority. This form- and practice of corruption in the inferior courts appears less surprising when we find, as stated in the sketch of the Lord President Forbes's career before referred to, that " the Court of Session, the highest court in the kingdom, was, at the beginning of the last century, one of the most inefficient in existence. Fifteen Judges sat at once on the bench, and of course the necessary consequence of such a crowd was a continual bickering among themselves, and the use of epithets towards each other which supplied in vigour what they wanted in courtesy and decorum. Their number freed them from respon- sibility, and their votes were given, in the decision of causes before 92 JUDICIAL RECORDS OF RENFREWSHIRE. them, as much from caprice or friendship, or enmity to party or counsel, as from any regard to law or justice. There were then no law reporters, but enough remains to tell that the bench, when Forbes took the chair, was in the lowest state." In the Supreme Court, luckily, there was a President having the power and the will to correct the evil courses of the court, and put down corruption and favouritism ; but in the county of Renfrew no person existed for con- trolling and correcting corruption. The court, and the cases and parties before it, were obscure ; and the Sheriff-Deputes and Sub- stitutes and prosecutor managed the criminal business very much in the way most suited to their personal advantage, regardless of the charge of corruption to which such conduct exposed them, and which was actually brought against them in a Bill of Suspension of their proceedings in the Court of Session. But although appeal to the Court of Session existed, who, among the numerous parties prosecuted before the Sheriff for crimes or offences, had the means to enable them to resort to this court ? — and who among them in- deed would think of such a course when his crime or offence could be condoned by arrangement with the authorities ? The following is a copy of the proceedings, — Fiscal against Andrew : — " To the Earl of Eglinton, Sheriff-Principal. " Complains ye Pror Fiscall of Court upon and against William Andrew in Easter Greenock, That qr upon fryday was eight days being ye day of yt instant, ye sd William Andrew did violently and masterfuUie intromitt with and away tak furth of ye custodie of James Algie, meilman in Erskine, ane sack and certaine salt yrin, with certaine other goods belonging to ye sd James Algie, and still keeps and detaines ye samen, whereby he did committ ane cryme against not only the law, and shd be Decerned to redilyver ye sd goods to ye sd James, but also to be punished in his persone and goods, in terror of oyrs to doe ye lyke in tyme coming." MINUTES. " 28 Jany, 1687. — Actor Fsc. R. ff to see and ansr thursday next. " 30 Jany, 1687. — Defences producit, Fiscal to Reply, and Assigns tuesday next for that effect. " 4 Feby, 1687. — The Sheriff Repells ye Defences, admits ye complaint to probation. The Fiscall condescends juramenta. " Wm. Simpson, Sub : Sheriff." OPPRESSIVE PROSECUTION AND SENTENCE. 93 ;©ppressiibc iProawutinn anlr ^mtmtt against t$e iKulturer of S'^t'umif 1693. HE criminal prosecution that forms the subject of our present notes is perhaps the most extraordinary of the many we have pubhshed as examples of the manner in which the laws were administered in the seventeenth century by the irresponsible Hereditary Sheriff of the county and his Deputes and Substitutes. The style of the libel is peculiarly quaint and verbose, the crime perfectly novel, and the sentence of Sheriff-Depute Crawford as severe as it was grossly illegal and un- just. In this last respect it was by no means singular, and is only one of the many instances of the rapacity of the unpaid and irresponsible officials entrusted with the administration of justice in the county, which led them to use their offices for oppressing the lieges by mulcting them in enormous unlaws and fines that went into their own pockets. Indeed, so seriously oppressive was their conduct as to make accused parties who had the means of advocating their cases from the Sheriff to the Court of Session boldly to plead, as one of the reasons of advocation, the corruption of the Sheriff, and to state that the prosecutions were not instituted for the public interest, but for that of the Sheriff himself or his subordinates, who pocketed the fines and penalties, and thus had every inducement to make the prosecution of crime or offences subservient to their own purposes, regardless of justice, and, as the case we now refer to proves, without a shadow of a justification for a prosecution or the imposition of any penalty. It appears from the proceedings, a copy of which we append, that in the month of September, 1693, a poynding and appraise- ment, under a decreet of the Sheriff, of a horse belonging to Hew Snodgrass, multurer, of the Seedhill Milne, was made by John Millar, sheriff-officer, at the instance of John Cochran, in Candren. After the poynding, Snodgrass desired to have a copy of the names of officer and witnesses attached to the execution ; and he asked the officer, Millar, to show him the execution of poynding and ap- praisement, and to write down his name and those of the witnesses. This, however, Millar refused, after repeated solicitations, and Snodgrass wrote down the names himself, and returned the execu- tion to Millar, folding up and putting what he had himself written 94 JUDICIAL RECORDS OF RENFREWSHIRE. into his own pocket. There was no violence used, or other offence given to the officer, beyond Snodgrass, who lost his temper, using threats to make Millar put down these names ; nothing, how- ever, being done to obstruct the officer in the execution of his duty, or which could possibly prevent the full execution of the decreet by a sale. Out of these circumstances, which neither warranted a charge of counterfeiting the names of the officer or witnesses, nor of obstructing or assaulting the officer, or of causing injury to Cochran by retention of the execution of poinding, Millar and John Tarbet, Procurator-Fiscal of Court, for his own interest, raised a criminal libel against Snodgrass, containing a variety of most extraordinary charges, set forth in an equally remarkable style, and craving his severe and exemplary punishment in his person and goods at the instance of the Procurator-Fiscal, " in terror of others to do the like in time coming." It is difficult to understand from the verbose and irrelevant aver- ments in the libel what was the crime or offence with which Snod- grass was charged. It sets forth that " whosoever maketh or doeth " a false writ, or is accessarie to ye making jrrof, shall be punished " with the pains due unto the committer of falsehood, and yt it " shall not be lawful for any person so counterfeitting, falsifying, or " accessory thereto, to declare in judgment that he copyeth from " the said writ, but if after the tryal the writ be found false, the " passing from or declaration of the party that he will not use the " same shall not set asyde frae him the punishment due unto those " who writ falsehood, like as by ane particular law of this kingdome " imitating or interfering with subscriptions are severely punishable, " altho' the writ was never made use of to the hurt of any person " interested the very act of fabricating or interfering and falsifying " of any person's subscription to any writ being ane cryme which " deserves and merits punishment." But the evidence adduced for the pursuers does not support the charge of " making or doing a false writ," and it only appears that Snodgrass asked Miller to set down in writing and give to him the names of himself as executing officer, and those of his witnesses, and he persistently refusing, Snodgrass said he would write them down himself, which he did, folding up the paper on which they were written and putting it into his pocket, and at same time restoring to the officer the execution of poynding and appraisement that he had received from him, and from which he had copied the names. There is no evidence to show OPPRESSIVE PROSECUTION AND SENTENCE. 95 that the names were written down by Snodgrass for any purpose, or that they were ever used ; but it is quite obvious from the whole proceedings that there was some dispute between Snodgrass and Cochran of Candren, from whom he had bought the poinded horse, and possibly by taking down the names of the officer and witnesses Snodgrass contemplated using them in an action with Cochran. There is a curious statement in the libel by the pursuers "that it " shall not be lawful for any person counterfeiting, falsifying, or " being accessory to the making or doing of a "false writ to declare " in judgment that he copyeth from the said writ." Here the pur- suers evidently anticipated the plea that Snodgrass had only copied the names of the officer and witnesses from the execution of poind- ing, and to get rid of such a defence the pursuers go on to state in the libel that " like as by ane particular law of this King " (James VI.), "doing, imitating, or interfering with subscriptions are severely " punishable, altho' the writ was never made use of to the hurt of " any person." It was well known to the pursuers, and clearly proved by their witnesses, that Snodgrass only copied the names of the officer and witnesses, and put his writing in his pocket ; and yet out of this simple and perfectly justifiable proceeding he was dragged into court to answer to a criminal libel, and, without a vestige of evidence of any crime or offence committed by him, was fined by the Sheriff in the sum of five hundred merks, — an enor- mously large sum, considering the value of money in 1693. And for what? The Sheriff is wisely silent, and gives no finding of guilt of any crime or offence whatever. He merely imposes the unlaw or fine of 500 merks ; and as to the charges of making a false writ, committing falsehood, counterfeiting or falsifying a writ, or doing or interfering with or imitating subscriptions, the Sheriff backs out of the difficulty into which he knew he had got by finding relevant such an absurd and groundless libel, but as if to justify his conduct " remits the cognisance of the criminal part of the crime to the Lords of Justiciary." The fine of 500 merks had no reference to, and was not imposed for, the " criminal part of the crimes charged ; " but there was nothing but crime charged against Snod- grass, and it was set out in the libel as being of a serious and grave nature, although described in a quaint and absurd manner. But a large fine was required, although there was no crime ; and the Sheriff, having fixed the amount, divided the spoil between his Fiscal and Millar, one of his officers ; and it will be observed 96 JUDICIAL RECORDS OF RENFREWSHIRE. that this extraordinary prosecution was not instituted till March, 1795, although the alleged offence was committed in September in 1793. It is not surprising that such things, being openly done in the sacred name of justice, — the case of Snodgrass being by no means an exceptional one, — should have produced a general feeling of satisfaction throughout Scotland when heritable jurisdictions were at length abolished, the services of irresponsible officials paid by what they could levy in fines dispensed with, and Sheriffs appointed and paid by, and made responsible to, the Crown. The following is a full copy of the proceedings in the criminal libel, — John Millar, Sheriff-officer, and John Tarbet, Procurator- Fiscal, for his interest; against Hew Snodgrass, multurer in Seedhill Milns : — INDICTMENT. ' ' Alexander, Earl of Eglinton, Sheriff-Principal of Renfrew, and Principal Baillie of Regalitie of Pasley. ' ' Forasmickle as it is humbly meant and shown to us be our Levitt John Millar, one of our Sheriff and Regality Officers, and John Tarbet, our Pror Fisk of Court, for his interest upon and agt Hew Snodgrass, Multurer of the Seidhill Mylnes of Pasley : That qr by the twenty two Act parliament I. 6th 1621, it is statute and ordained that whosoever makes or doeth a false writ, or is accessarie to the making yrof, shall be punished with the pains due unto the committer of falsehood, and yt it shall not be lawful for any person counterfeiting, falsify- ing, or being accessory thereto, to declare in Judgment that he copyeth from the said writ ; but if, after the tryal, the writ be found false, the passing from or declaratione of the party that he will not use the same, shall not set asyde frae him the punishment due unto those who writ falsehood. Likeas by ane par- ticular law of this King, doing, imitating, or interfering with subscriptiones are severely punishable, although the writ was never made use of to the hurt of any person interested ; the every act of fabricating or interfeiring and falsiefying of any person's subscription to any writ being ane ci"yme which deserves and merits punishment. Yet notwithstanding it is of verity that in the month of Septembre, 1693 years, or ane or another of ye days of the sd month, the said Complainer John Millar having by virtue of ane precept upon ane Decreet at the instance of John Cochran, in Candren, lawlie purchased from the said Hew Snodgrass ane gray horse and caused apprise the samin, he the sd Defender did in the duelling house of Patrick Carswell, mercht, late Baillie of Pasley Counsel!, order and direct the said Complainer to give him the executione of the appryssing, and to subscribe the same himself, and so set to and counterfitt the witness subscriptione thereat, which he refusing to doe the Defender did threaten he would cause him doe the same or he went out of the roome, and in order yrto closed the door and suwar he would make him doe it, which the said Complr still refuseing to doe, he the Defr did publicly tell him if he would not doe it he would doe the same himself, AND accordingly did take ane pen and counterfeited and put to the subscriptiones both those of the Complr and the rest of ye witnesses, whereby it OPPRESSIVE PROSECUTION" AND SENTENCE. 97 is obvious the Defr hath contraveaned the said laws of this natione, thereby com- mitted ane cryme, and yrfor aught and should not only be unlaued at ye instance of ye sd John Millar, but also to be punished in his person and goods at the instance of the Pror Fiscall, in terror of oyrs to doe ye lyke in time coming. Heirfor, &c. "Sixth March, 1695. Actor purer, Defr absent, and ye Lybell remitted to probatione. ' ' Pursuers condescend per testes. " The Judge ordains the Defr to be cited. "Jo: Crawford, Sh: Dep. "The following evidence was led : — " 16 March, 1695. "Francis Sloaman, married, of the age of thritie six years or thereby, being solemnly sworn and interrogat, depones that John Millar, the Complr, poynded ane horse from the Defr, conform to ye Lybell, and that the Defr came after the poynding and appraisure of ye said horse and craved ane executione of ye poynd- ing and appraisure : accordingly the said John Millar gave to the Defender, which the Defr doubled over and desyred Millar to sign the same, and threatened him after refusall to doe the same in this manner by sleeking the door and saying by God ye shall doe it, and after Millar's positive refusall sat doun, and with his own hand and writ both the executors and witnesses names to the said execu- tione, and gave back the execution yt Millar had given him, and put the other he had writ himself in his pockett : and this is of verity, as he shall answer to God. Depones he can write no oyr way except print. "F. S. "Jo: Crawford, Sh: Dep. "Pursuer's further probation on Monday first. "18 March, 1695. "Patrick Carswell, married, of the age of fyftie or yrby, solemnly swom and inteiTogatt, depones that he was prest. with John Millar and Hew Snodgrass in his own house, vizt. , the deponent's, whar Hew had ane execution of ane apprys- ing lyeing before him on the Table, and desyred the said John, the Executar, to sign the same, which he positively refused, and yrupon the said Hew rose in haste or passion and shut the door and put his back to ye same and said he would make him doe it in some raging words, and thereafter sett down the said John's name, who was executor thereof, and the witnesses name with his own hand, and rolled up the same and put it in his pocket, and delivered back the principal executione to Millar : and Knows no furder : and this be of verity, as he sail answer to God. "P. Carswell. "Pursuers renounce furder probatione, and crave sentence. The Judge appoynts to-morrow at 9 of the clock for ye sentence. " SENTENCE. " 19 March, 1695. — The Judge having considered the Lybell and Depositions of witnesses, unlaws the Defender in Fyve Hundred Merks, the one half to the Fisk and the oyr to the Infoi-mer, and remit the cognitione of the Criminal part of the Cryme to the Lords of Justiciarie. "Jo; Crawford, Sh: Dep. N gS JUDICIAL RECORDS OF RENFREWSHIRE. Scantralous ^tntmtt for '^tUn ^fieft, 1709. HE peculiarly quaint form of libel, and the totally uncalled for punishment inflicted, in the case we now quote, amply illustrate the mode of administering the law by grievous and altogether disproportioned penalties for trifling offences, even when, according to the libel, committed three or four years previous to the date of the prosecution. The " sum of money " possessed by the accused, affords probably a clue to the adding of the " forced enlistment " to the excessively heavy pecuniary penalty inflicted. In the year 1709, John Deans, residing at Newlands, in the parish of Cathcart, was charged by the Procurator-Fiscal with " pickering and thieving, by taking away several stobs from timber " dykes, and drawing of beans and peas stacks, several times within " the previous three or four years ;" and as was then usual, in order to give some colour to the charge, Deans was accused of being " under the bruit or fama thereof," and of being idle and un- employed. Even if the whole charge in the libel had been found proved, the sentence was altogether unjustifiable ; but the Sheriff only " Finds the defender's being under a common bruit and fama " of thieving and pickering clearly proven, and likeways the " defender, John Deans, his breaking down and carrying away of " the timber of Newlands pale dyke, clearly proven under cloud of " night." Admitting the guilt of Deans to the extent of his pulling and carrying away a stob or two from the paling at Newlands, and that the wind of this very petty pilfering having reached the ears of his gossiping neighbours, there was among them " a bruit and fama of it," which is all that the Sheriff finds proven, it will surprise our readers to see from the proceedings we now publish, that the Sheriff on the craving for sentence by the Fiscal, fined Deans " in the " sum of ;^ 1 80 Scots, and adjudged him to goe abroad as ane " recruit, to serve Her Majy under the command of any officer the " Sheriff-Principal or his Depute shall please." This fine of;^i8o Scots, or ;^i5 sterling, was in 1709 a very large sum, considering the then value of money, as it would have purchased half a dozen horses or cows, or twenty bolls of oats, and was equal to six years' fee of a farm servant, this being Deans's position ; and, in addition SCANDALOUS SENTENCE FOR PETTY THEFT. 99 to the fine, he was forcibly sent abroad to serve in tlie army. But there is a curious fact brought out in the case for the prosecution. Deans had some money lent on bond to James Maxwell in New- lands, and dreading a threatened prosecution in consequence of the bruit against him, he went to Mitchell and stated " that there was slander raised upon him of drawing of stakes," and to prevent his money falling into tlie hands of the Sheriff, he wished the bond trans- ferred to his brother, which was done. Wliat connection there was between the sum in the bond and the infliction of so enormous a fine, and the sending of Deans out of the country, may thus be conjectured. But for his owning this money, it is not easy to con- ceive how a fine of ;^i8o Scots should have been imposed on a farm servant for an offence so paltry. That the public interest did not call for the punishment is clear enough ; but there were other interests involved, and perhaps Deans's money was necessary to satisfy them. The complaint raised at the instance of the Procurator-Fiscal against Deans, narrates " that within these three or four years, he, " under cloud of night, clandestinely and at his ain hand, intromit- " ted and away took severall goods and gear from severall persons, " and reiterated the fsd facts of peckering and thieving, by taking " away frae timber dykes and drawing of beans and peas stacks " sundry tymes within the tyme forsd, and away taking and carrieng " the same to his own house and oyr plais, yt he might the better " conceal the same ; and particularie did severall tymes in the " night tyme went to ane bean and pease stack in Newlands, " belonging to his neighbors yr, and drawed considerable quantities " of peas and beans, and the straw some tymes yrof he took away " to his ain house and took off the pease and burnt the straw " thereof; and severall tymes the pease has been seen straggled and " scatered from the stack to his door whar he lived. As also he at " ane oyr tyme did intromit with, and away take from the dyke in " Newlands, ane considerable quantity of stabs and other timber " made up in ane dyke, and likewayes committed severall oyr facts " and acts of pickery, thieving, and wrongous intromission, and has " perpetrat the same frae tyme to tyme, and has been under the " bruit and fame yrof ; and that he might the better accompHsh his " sd unlawfuU acts of pickery and thieving, cast himself out of all " service since Martimas last, and had no lawfull employment ; and " the rumour scattering abroad and being conscious to himself that JUDICIAL RECORDS OF RENFREWSHIRE. " he was guilty, he went to ane James Maxwell in Newlands, who " was owing him siller, and told him that there was ane report of " his being a thief and could not tell him whether it could be proven " agt him, ye defender, or not ; however, to prevent the Sheriif or " any other getting of the money in case it was proven agt him, he " told James Maxwell that he would alter the bond and make it in " his brother's name, that the same might be secured from the " Sheriflf, and said he would give him down a pairt and suit a tyme " to pay it, in which are great presumptions that he was conscious " of his guilt, which, being verified and proven, the defender ought " and should not only be fined in five hundredth pound of fyne, but " also punished in his person in terror of ye oyrs." The following interlocutors of the Sheriff are copied from the proceedings : — " WiLLiAMWooD, Judge, 31 March, 1709. "Actor prosecutor present. The Defender absent, therefor fynes him in Ten Pound for contumacy. The Judge iinds the complaint relevant, and admitted ye same to probatione, for ye defence, reserving modification to the tyme of sentence. "J. Maxwell, Sh ; Dep : " The Prosecutor condescends per testes." "Paisley, 4th April, 1709. — Having considered the Complaint and deposi- tions of the witnesses adduced for proving yrof : Finds the Defender's being under a common bruit and fame of thieving and pickery clearly proven. Like- ways finds the Defender John Deans his breaking down and carrying away of the timber of Newlands pale dyke clearly proven under cloud of night, and that the Defender is ane idle person out of all employment or service, also proven : And therefor adjudges the said John Deans to goe abroad as ane recruit to serve Her Majy or her allyes under ye command of any officer to whom the Sheriff principal or his Depute shall please deliver him : As also, Fines and Amerciates the sd John Deans in the soume of One Hundred and Eightie Pounds Scots money to the Fiscal of Court, and ordains his readiest goods and gear to be poynded and apprysed for payment of the same, secluding all personal execution agt the sd John Deans for payment of ye fyne during the sd John Deans his con- teenowing in Her Maties or allyes services, and likewise without prejudice of ye sd John Deans his lawful creditors, they being always first preferred for ye debts due to them preceding ye date hereof "J. Maxwell, Sh : Dep." INIQUITOUS PROSECUTIONS UNDER THE GAME LAWS. Sniquitous iProsecutlons unUer tf)e (Same ILatos, 1716. N our first volume we took occasion to animadvert on an extraordinary libellous attack on the character and con- duct of the Tenant Farmers of the County by the Noble Master of the Game, the Sheriff-Depute Semple, and the Procurator-Fiscal of Renfrewshire. The entire class of tenant farmers in many parishes in the County were by them accused of poaching, and forced, under severe penalties, to purge themselves on oath of an imputed charge thus recklessly and unjustifiably made against them. The proceedings of these officials being of an altogether unprecedented nature, we made special search in the Record Room for documents affording information of any kind that could have justified the dragging into Court and publicly charging the farmers, as a class, with poaching. We thought to find that in 1 7 16, as in our time, the farmers of Renfrewshire were discon- tented with and determined to resist the destruction of their crops, — which from the state of agriculture in Scotland would then be very scanty, — by game which they were compelled to feed at a serious loss, for the exclusive use and amusement of the owners of land in the County of the yearly value of ;^iooo Scots, and their domestic servants; and that having carried their combined resolution into effect by killing the game, and thereby contravening the numerous Game Laws, the noble Gamekeeper, and the Sheriff" and his Fiscal, had been forced, in order to maintain the supremacy of the laws and to put down such a combination, to bring the farmers in these and other parishes into Court ; and, further, that the proceedings, although directed against the whole of the Tenant Farmers of each parish in a manner altogether illegal and unprecedented, had been caused by some concerted or wholesale destruction of the game. This, or any such excuse for these most extraordinary proceedings, we failed to find ; and as the Record of the proceedings stand, the conclusion is inevitable that the prosecution was altogether un- called for, and only instituted speculatively with the chance of securing large statutory penalties which it was possible might have been incurred, seeing that the offences were very numerous and the time within which they were alleged to have been committed spread over many years, while every door of escape was closed by each party accused being forced to purge himself of guilt by oaths JUDICIAL RECORDS OF RENFREWSHIRE. under pain of penalties for contumacy and payment of the statutory fines in case of refusal to swear. In addition to the prosecutions directed against the farmers in Kilbarchan Parish, which we specially quoted in our first volume, we now pubhsh the names of fifty-two tenants of land and others in the Parish of Kilmalcolm, who were brought into Court, in 17 16, in one general complaint, in which there was neither specification of time, place, or of offence, but only a recital of the numerous statutes ; the fifty-two accused parties being charged with having one and all of them been guilty of one or all of the of- fences therein specified. There was no attempt made to prove the complaint against either of the accused parties by witnesses, nor would this have been an easy task, for the Public Prosecutor did not proceed on information, but endeavoured to gain his purpose by this most extraordinary course of bringing every Tenant Farmer in the parish within the meshes of a legal net, which he carefully drew around them in condescending that he would prove the complaint by the oath of the accused parties individually. This the Sheriff held to be relevant, and thus allowed facilities for entrapping the accused by forcing them either to purge themselves of every offence against the game and other penal statutes quoted in the complaint, or submit to punishment. The following is a copy of the list of the fifty-two Tenant Farmers and others in the Parish of Kilmalcolm to which we refer, with the pleas of admission or denial stated on oath by each respectively. We also add the decision of the Sheriff. Kilmalcom, 9 April, 1 716. In Causa, The Fisk, Agt Delinquents. Actor, P.-F., instructs diligence and Condescends Jurator of the whole Defenders. Compeared — James Holms in Buits, who confesses guilty. John Uric in Horse Craigs, confessed. James Rennie in Heugh, deponed negative. Alexander Millar in Newton, deponed negative. John Laird in Barsharock, confesses guilty. William Scott there, deponed negative. John Miller, Yr. , in Glen Miln, confesses guilty. James Whytehill in Beerhill, deponed negative. Alexander Holms in Wraes, confesses guilty. John Craig in Bridgend, deponed negative. John Holme in Wood, deponed negative. James Gardner, Blackholm, deponed negative, except ane Hare with a Gime. INIQUITOUS PROSECUTIONS UNDER THE GAME LAWS. I03 John Lyle in Bridgeflat, confesses guilty of Teels and Duke and Draik. James Arskin in Mathemock deponed negative to any shooting without Kil- maronock bounds. George Aitken in Auchenber, deponed negative as above. James Killock there, deponed negative as above. Patrick Crawford in Youngstone, deponed negative as above. John Mathie in , deponed negative as above. John Galbraith, Yr. , deponed negative. John Orr in Kilbryde, deponed negative. Andrew Rodger there, deponed negative. John Park in Auchendrach, deponed negative. John Holmes in Castlehill, confesses guilty of Duke and Draik. James Holmes there, confesses as above. John Campbell in Broadfield, deponed negative. George Erskin in Mathernock, deponed negative. John Taylor in Auchenleck, deponed negative. Alexander Holmes there, deponed negative. James Lang there, deponed negative. Alexander Taylor in Auchentorlie, confesses guilty. James Taylor there, deponed negative. John Laird in Dennistoun, deponed negative. Thomas Dennistoun in Bardrennan, deponed negative. Patrick Carruth in Dennistoun, deponed negative. John Caddie there, deponed negative. William Holme in Corsehill, deponed negative. Robert Orr there, deponed negative. John Pollock in Auchenleck, deponed negative. Wm. Stirrat in Newark, acknowledges guilt without Kilmaronock ground. William Haning in Dennistoun, deponed negative. Francis Millar, Mercht, in Newark, acknowledges shooting a Cock, John Gardner, Walton, deponed negative. John Orr, Smith in Kilmalcolm, confesses guilty. James Hall in Duchall, deponed negative. James Crawford in Park, deponed negative. John and Patrick Cuthbert and Charles Menzies, Cai-penters in Newark, and George RoUand, Boatman, absent. John Park in Kilmalcolm, deponed negative. William Semple in Kilmalcolm, refuses to depone, and confesses a small Teel. Alexander Wilson, Yr., deponed negative. Thus, of the fifty-two accused parties, forty-two deponed negative to the whole offences specified in the numerous game and penal statutes libelled on. These respectable men had thus causelessly been dragged into court, and an attempt made to entrap them into an admission by putting them on oath, although the offences sought to be brought home to them were of a criminal nature. The only admission of contraventions made by six of the defenders were the 104 JUDICIAL RECORDS OF RENFREWSHIRE. killing, among them, of a hare, a cock, two teal, and two ducks and drakes. For these miserable offences, these six defenders were mulcted in ^^120 Scots, or _;^2o Scots each, a large sum in 1716, taking the value of money then into account. Other six defenders having pleaded guilty generally, were each fined in similar sums, although, from the nature of the contraventions not being speci5ed, their offence may merely have been steeping their lint in a running burn, or taking a trout from the burn, or such other offences as had been admitted by the other six defenders ; and four did not appear, and were fined ^10 Scots each for contumacy and were to be subjected to farther prosecution. SHERIFF SEMPILL's JUDGMENT. "Kilmalcolm, 9 April, 1716. " Having considered the relevancy of the Complaint, vpith the acknowledg- ments of James Holms in Buits, John Urie in Horse Craig, John Laird in Bar- sharock, John Miller, Yr., in Glen Miln, Alexander Holms in Wraes, James Gardner in Blackholm, John Lyle in Broadflat, John and James Holms in Castle- hill, Alexander Taylor in Auchentorlie, William Stirrat in Newark, James Miller, merchant there, John Orr, Smith in Kilmalcolm, William Sempill there; and John and Patrick Cuthbert and Charles Menzies, carpenters in Newark, and George RoUand, boatman there, being lawfully summoned to this diet, and not compearing, they are holden as confessed, Therefore Fynes and Unlaws the forenamed persons, and ilk ane of them in the sum of Twenty Pounds Scots to the Fiscal, to be paid within the terms of law, except the above four absent, who are only fyned in Ten Pounds Scots for contumacy, and therefore to be cited again. " Ro: Sempill, Sher: Dept." Such proceedings as these had certainly no precedent, except in the Star Chamber, where offenders were made to inculpate them- selves by forcing their consciences through terrors of the thumb-screw. In no other court in Scotland, so far as we have been able to find, were such iniquitous wholesale prosecutions directed against, not individual offenders against whom information had been obtained to justify prosecution, but against the respectable inhabitants of a great part of a county. The noble Master of the Game, the Earl of Glencaim, Sheriff Depute Sempill and his Fiscal, happily for them- selves, lived in times when they could not be brought under the surveillance of a free Press, or a Parliamentary enquiry into their official conduct. INIQUITOUS PROSECUTIONS UNDER THE GAME LAWS. I05 arontinuatice of tfft prosecution in otijet ^atis^es. HE prosecution of the fifty-four tenants of Kilbarchan, and the fifty-two of Kilmalcolm parishes, seems but to have whetted the appetites of the master of the game and the officials, in their career of spoilation and plunder. The prosecutions in both instances were grossly irregular and oppres- sive, and had they stood alone might have been thought to have pro- ceeded from ignorance of legal form, and from no organised design to oppress the whole county to realise penalties which, like most others then imposed, went into the prosecutor's pocket. But the " hawl " in both cases had proved too much for the virtue of the Renfrewshire authorities, and, within a month, seems to have tempted the noble master of the game, the Sheriff-Depute Semple, and the Procurator- Fiscal, to further and greater experiments, by casting their legal net around a large part of the county, and, with one fell swoop, dragging into its meshes the tenant farmers and occupiers of land in the Parishes of Houston, Kilallan, Erskine, Port-Glasgow, and Lochwinnoch. The reader must keep in view that the accused parties, from their respectable position, were little likely to be poachers or guilty of any lawless conduct, and that the charges against them were in no instance particularly specified in the complaints, but were quite general, comprehending every con- travention of every game statute ; also, that the time when committed was not given beyond stating " within several years bygone," and no place or places were specified, and that the penalties were cumula- tive and of ruinous amount ; that the mode of proof was not by witnesses, but by putting each defender (although the prosecutions were criminal) on oath, and causing him either to swear affirma- tively or negatively to every contravention of every statute libelled ; and that absence from court or refusal to depone were held as con- stituting guilt. Looked at in this Ught, we feel that we do not ex- aggerate when we state that such prosecutions were illegal and oppressive, and placed a foul blot on the judicial character and ad- ministration of the law in Renfrewshire. The number of persons accused in the five parishes we have mentioned is large, and we confine ourselves meantime to a copy of o Io6 JUDICIAL RECORDS OF RENFREWSHIRE. the list appended to the Complaint against the Tenant Farmers of Houston Parish, viz., thirty in number, with their depositions : — Thomas Orr, in Birkenhead, deponed negative. William Speir, in Burnbrae, deponed negative. William Nelson, in Fulhvood, deponed negative. John Bartholemew, deponed negative. William Bartholemew, deponed negative. Thomas Whyte, in Little FuUwood, refuses to depone. John Whyte, yr. , refuses to depone. John Crawfiird, refuses to depone. James Caldwell, in Mains of Houstoun, deponed negative. John Wilson, yr., deponed negative, except a dove. Archibald Houstoun, yr., deponed negative. John Houstoun, there, deponed negative. Matthew Barr, yr. , deponed negative. Alexander Shearer, yr., deponed negative. James Picken, yr., deponed negative. James Henderson, Beyond the Hill, absent. John Wallace, in Barshagrie, deponed negative. James Patison, in Gryfeswraes, deponed negative. James Gumming, deponed negative. William Blackwood, in Barfillan, deponed negative. Malcolm Henderson, yr., deponed negative. Robert Holmes, in Stabilie, deponed negative. John Bartholemew, in Swanstone, deponed negative. John Barr, in Pirretholm, deponed negative. John OiT, in Little Robert Yeard, deponed negative. Alexander Houston, in Howgate, deponed negative. Alexander Henderson, in Dryburgh Law, deponed negative. John Houstoun, in Houstoun, deponed negative. Robert Speir, in Burnbrae, confest. William Gay, in Newton, deponed negative. Houston, 5th May, 1716. Robert Sempill, Judge. The Fiscall Agt. Delinquents. From this list, we learn that of the thirty persons complained against, twenty-four swore that they were not guilty of any of the innumerable contraventions of the statutes with which they were charged, and that they had thus been causelessly and oppressively brought into Court, their characters publicly assailed by being accused of poaching, and each of them put to the inconvenience and expense of appearing before the Sheriff. This was a wanton outrage on these men, one and all of whom, we may reasonably infer, were quite as respectable as any of the parties who had con- INIQUITOUS PROSECUTIONS UNDER THE GAME LAWS. I07 spired to drag them into Court, and had compelled them to prove their innocence. One of the accused, James Houstoun, disregarded the summons, and failed to appear, and the proceedings against him were not carried farther. Thomas Whyte, John Whyte, and John Crawfurd refused to depone or to criminate themselves on oath, but each of them, and Robert Speirs, the only one that confessed, were fined in twenty pounds Scots, to be paid to the Fiscal, in terms of law. The judgment of Sheriff Sempill was as follows : — "Houstoun, 5th May, 1716. — Having considered the averments of the com- plaint witli the pursuers condescension (on the mode of proof by oath of defenders), and that Thomas and John Wlryte, in Little Fullwood, and John Crawfurd there, refused to depone in the terms of the condescention, wherefore fines and amerciates each of ye sd defenders, and the sd Robert Spier in ye soume of twenty pounds Scots, to be payed to ye Fisk of Court, in terms of law. (Signed) Ro : Sempilt, Sher ; Dep:" In Other five parishes the prosecutors were equally unlucky in bagging their game, the trap, so ingeniously laid having in almost every instance failed, by the defenders " deponing negative." The game after all, if we take the results of these scandalous prosecutions as evidence of the fact, had not been suffering in the county, and the zeal of the noble gamekeeper and the interference of the Sheriff and Fiscal were therefore altogether uncalled for, and a motive of a less creditable nature must have induced them to prosecute. Such prosecutions could only have been attempted two centuries ago, when the people were powerless, and could not obtain either pro- tection against the lawless conduct of the authorities, or redress for the injury which they thereby sustained ; but there cannot be a doubt that, even at that time, and especially where so many were plundered by the proceedings we have described, there must have been great consternation, and quite a storm of indignation created against the authorites of the county who had prostituted their offices to purposes so grossly and utterly unjustifiable. The following is the form of information at the instance of the Earl of Glencairn, as master of the game for Renfrewshire, upon which the proceedings referred to were founded ; but, as will be observed, it does not contain the names of the parties complained against, or any statement of particulars of the offences. This infor- mation was followed by a complaint at the instance of the Fiscal, to which was appended a list containing the names of the parties I08 JUDICIAL RECORDS OF RENFREWSHIRE. accused, there being a separate complaint and list for each parish. We have already given the form of complaint in noticing the prose- cution of the tenant farmers of Kilbarchan, and do not now repeat it ; but the noble gamekeeper's information, which we now print, has not previously been published. INFORMATION. "Alexander, Earle of Eglinton, fforasmuch as it is meant and shown to us by our Lord William, Earle of Glencairn, master of game within our Shyre of Renfrew, upon and agt the persons delinquents aftemamed, that qurby the 208 act of K : Ja : agt : par : 7 : It is statute that no partridges, plovers, black- cocks, gray hens, muircocks, nor sick foules be taken with any manner of Instru- ment frae the beginning of Lentron Whyte August, under the pain of 10 Ps Scots Lyke as by the 23 act K : Ja : par : ib : It is statute and named that no person or persons sell or buy any does, partridges, muirfoules, blackcocks, arth- hens, wild ducks, tales, attales, heron, or any such kynd of foules, commonly used to be chaeased with hauks : And yt that under the pain 100 lb Scots as well to the seller as buyer : And yt non slay any muir pouts before the first of July, heath pouts before the first of August, or partridges before the first of Septer yearly : And yt non steep lint in waters qr fishes are under the pain of 40 P toties quoties attour confiscation of the lint it self : As also by the 14 par K : Ja : bib : all persons are prohibited to shoot at ducks, draiks, or any other wild foull within any part of this realme, under the penalty of 100 lb Scots : And in lyke manner by the 20 act igt parr of K : Ja : 7 : all common fouUers and shooters of foull or any persons except they be domestic servs of noblemen or gentlemen who are hers of ane 1000 lb of valued rent are prohibited to make use of setting dogs or fouling gims, under the pain of of such dogs or guns, and imprisonment of their persons for the space of six weeks toties quoties : And whoever shall shoot hairs shall pay ffourty merks for each yrof : It, that non kill smolts or trout with any ingure or dams the laws under the pain of slayers of said fish, which is ten pound : And yt no salmond be slain from the 15 Aug untill the 30 Never : It, that none slay salmond after 1 5 Aug till 30 Nover And the useing of setting doggs prohibited under the pain of 500 mks : It, the renters of muir burn are finable toties quoties in fourty shill, and the masters to be lyable for all upon their ground. For putting of qsh lawes to due execution the sd Wm Earle of Glencairn nominate master of game within the sd shyre, and full power and priveledge granted to his Lop yranent In ane act of her Maties Privy Councill, dated the 24 day of January, 1706 years : And true it is and of verity." OUTRAGEOUS PENALTY FOR THE RESCUING OF RECRUITS log ©utcageous iPenaltg for ti)e Ittescuing of laecruits at Itilfiatc^iatT. HEN William, Prince of Orange, and Mary, his wife, were, by the Revolution of 1688, placed on the throne of England and Scotland, the estates of Holland were engaged in war, with no other very apparent object than to gratify the inordinate ambition of the Prince ; and the his- torians of Scotland say that " for carrying on this war the resources in money and men of Scotland were nearly exhausted." The laws against desertion from the army, or the assisting or abetting in such desertion, were rigorously and sometimes most unscrupulously and illegally enforced, causing much discontent in Scotland. The sympathy for the expelled Stuarts was still strong, and hence in some places, towards the close of the seventeenth century, public discontent and dissatisfaction were manifested by " rabbling and molesting " the soldiers engaged in procuring recruits for the army, or in searching for and securing of deserters. The Judicial Records of this county afford evidence of this existing disposition to resist military authority, in the numerous prosecutions before the Sheriff against parties who, having engaged to serve in the army, had failed to join their regiments, also against actual deserters and abettors of deserters, against whom the existing statutes provided the imposition of severe penalties. In the village of Kilbarchan, whose inhabitants, from the most remote period of its history, have ever shown a deter- mined spirit of independence and hatred of oppression in every form, and who have been equally remarkable for their intelligence and love of political and religious freedom, there was, towards the end of the seventeenth century, a strong feeling against, and disposition to resist by mobbing, the recruiting parties engaged in supplying the men required from the county of Renfrew by their Majesties for the army, which led to unlawful overacts that brought not a few of them within the penal provisions of these statutes ; and we are now about to refer to a case where thirty-six of the inhabitants of the village and parish were, in one libel, and in accord- ance with a most oppressive and unjustifiable practice of thus bringing a score or two of persons into Court, prosecuted for JUDICIAL RECORDS OF RENFREWSHIRE. penalties, the prosecutor taking his chance, by putting them on oath, to get at some of them if they appeared to answer to the libel, and, failing appearance, holding them as confessed, and secur- ing the penalties. On the 26th and 27th days of June, 1697, Lieutenant William Lindsay and WiUiam Orr, sergeant in Captain Menzie's troop of dragoons, with a party of soldiers, having attempted at Kilbarchan to apprehend William Paterson in Kilbarchan, as a deserter from their Majesties' service, a mob of the inhabitants did "raball" together, and with battouns, rungs, and stones, fall upon the said Lieutenant Lindsay, and did batter, wound, and blood him, and did all that in them lay to rescue the said deserter, and did also fall upon the person and body of the said William Orr, and others who were aiding and assisting Lieutenant Lindsay in apprehending the said deserter. From information, which, so far as tested, proved to be incorrect, the Procurator-Fiscal selected the following thirty- six inhabitants, male and female, of the village and parish for pro- secution, for mobbing and assaulting Lieutenant Lindsay and those under his command, and rescuing of Paterson, viz : — George Sinclair, in Kilbarchan ; James Park, in Ranfurly ; James How, in Kilbarchan, and Margaret Innes, his spouse ; James Park, yr., Jannet M'Ewing, his spouse ; John Love and Jean Kerr, spouses ; Thomas Millar ; William Caldwell ; Robert Love and Joan Bar- bour, spouses ; William Laird and Margaret Love, spouses ; William Wardrop and Margaret Black, spouses ; Robert Calder and Joan Houston, spouses ; Isabel Houston, yr., servant ; John Glen and Marion Orr, spouses ; Elizabeth Kelso, yr.; John Paterson and Elizabeth How, yr.; John Houston and Margaret Park, spouses ; William Gardner and Joan Drummond, spouses ; John Young and Joan Houston, spouses ; Barbour ; Isabell Crawford, ser- vant ; William Hair and Margaret Gardner, in Braidland ; John Young, yr., and Joanna Pattison, yr. Against all these persons a criminal libel was, in July, 1694, raised before the Sheriff at the instance of Lieutenant Lindsay and William Tarbert, Procurator- Fiscal, and, according to the officer's execution of service of the libel, " the whole of them and others were cited personally to ap- pear before the Sheriff and Baillie of the Regalitie of Paisley, with- in the Tolbooth of Paisley, on the i8th day of July, in the hour of cause to answer at the instance of the Procurator-Fiscal of Court." The case was called before Robert Crawford, Sheriff-Substitute and OUTRAGEOUS PENALTY FOR THE RESCUING OF RECRUITS. Ill Baillie of Regalitie, by whom, on the diet of appearance, the follow- interlocutor was pronounced : — " i8 July, 1694. — Lieut. Lindsay and Pror Fiscall prt., and craved that those who were absent may be holden as contest and decerned, and that the libell may be admitted to probation against those present. The Judge admits to probation jurato as to those present ; the rest liolden as confessed and decerned. " Jo : Crawford, S. D." Of the thirty-six accused parties above-named, twenty-six failed to appear, and, according to an extract of the sentence found among the proceedings, were fined in the sum of ten pounds sterling each to the Fiscal, and ordained to produce Paterson, the deserter, to Lieutenant Lindsay, that he might be conveyed to his regiment. Of the defenders, ten appeared ; and, as was then the practice in criminal or statutory prosecutions, the prosecutors, who were allowed a proof of the libel, put each of them on oath to prove his or her guilt, from which it may reasonably be inferred that William Tarbert, Procurator- Fiscal, — a most active public prosecutor, never over scrupulous, as we have shown, as to the means of securing a conviction, — had, with one exception, failed otherwise to obtain any legal evidence of their having taken any part in the offences charged in the libel. These defenders, having been sworn, de- poned as follows : — - " John Parlt, being sworn and interrogatt, depones negative, and declares he cannot write. John Glen, being sworn, depones negative. Robert Taylor, ut alter. Robert Houstoun, ut alter. John Thomson, nil novit. Jannett Paterson depones nil novit. Marion Orr depones ignorant. John Young, ttt alter. John Crawford depones negative. George Sinclair, being solemnly sworn and interrogatt judicially, contest that he was amongst the Raball, and did cast stones at the Lieutenant and his partie. 18 July, 1694. — The Judge adjourns the Court till four of the clock afternoon, and ordains the said Sinclair, Defr., to remain in prison, or find caution to ap- pear the said tyme." Thus, for an ebullition of irritated popular feeling, and some un- lawful conduct which that feeling seems to have produced, the sum of ;^3i2o Scots, or ;^26o sterling, — an enormous sum, taking the value of money in 1694 into account, — was imposed on the twenty JUDICIAL RECORDS OF RENFREWSHIRE. six inhabitants, male and female, of the town and parish of Kilbar- chan who failed to appear. This cast of the Fiscal's net at a hazard over the population, in order to make sure of catching the guilty- parties, was therefore very successful, and must have caused great consternation and individual suffering among the accused parties, amounting as it did to an average penalty of ;^io sterling per head. It would most certainly operate, in the words of the libel, " in terror of ye others not to doe ye lyke ; " and " yr Maieties " would, by securing Paterson, add a unit to thousands of his countrymen forcibly sent to Flanders to support " the Prince " in his ambitious desire to rule over or dictate to all the powers in Europe. But, as one of too many instances of arbitrary and oppressive proceedings by Hereditary Sheriffs and their numerous subordinates, it cannot be sufficiently condemned, and is another example of the reprehen- sible inquisitional forms of procedure we have over and over again condemned. ^^rtisi^cution for Bratol on tfie |^igl)iMaB, 1716. HE case we append to our present notes, while it shows the tendency to break the public peace, gives at the same time a good idea of the manner in which such offences were met by the deputes of the principal Sheriff of the County and the Procurator-Fiscal, ostensibly in the public interest, but, so far as regarded the application of the fines and penalties imposed, in reality for their own. However well merited punishment, in some instances, was due, it cannot but be re- marked that the amount of the fine was generally excessive and dis- proportioned to the offence, the most trifling breach of the peace being never visited with a punishment of a fine of less than ;£io Scots, while in some more serious caseS;^ioo Scots, and even ;^5oo Scots, was imposed. The value of money a century and a half ago was so great, compared with its present value, that these fines, although imposed in Scotch money, were enormously high. On the twelfth day of October, 17 16, William Wilson, in Drums, in Erskine Parish ; WilHam Sempill, at the Kirk of Erskine ; and PROSECUTION FOR BRAWL ON THE HIGHWAY. II3 William Rodger, there, met on the high-road from Newark to Erskine, and " some frivolous words having passed between them " they fell to blows, and with stones, rungs, batons, and their fists, beat, dragged, and wounded each other to the great effusion of their blood ; and, as appears from the evidence led, one of them had a nail of one of his finger taken or bitten of For this offence of " blood and battery " a complaint was presented against them to Sheriff-Depute Sempill by Charles Simpson, Procurator-Fiscal of Court ; and in absence of two of the defenders, Sempill and Rodger, the Sheriff imposed on each of them a fine of ;£'io Scots, "in terror of ye oyers to commit ye lyke in tyme coming." " Ye oyers," or the general public, were not, however, if we may judge from the number of such prosecutions by Mr. Simpson, the zealous Pro- curator-Fiscal of the County, much terrified, or their tendency to outrage and violence at all influenced by the heavy fines thus inflicted on these three inhabitants of Erskine Parish. The Sheriff does not seem to have held his Courts always within the Court House, in the Tolbooth of Paisley, where his administration of justice in civil or criminal cases would have been open to the ob- servation and criticism of the public, but, probably thereby studying his own convenience, held his courts at Balgreeu, his residence in Kilbarchan parish, or other places. This was one of the abuses of heritable jurisdictions, whereby their existence became intolerable ; and with political reasons arising out of the rebellions of 1715 and 1745, caused all such jurisdictions to be abolished by the Act of George the Second, passed in 1747. The following is a copy of the proceedings at the instance of Claud Simpson, Procurator-Fiscal, against William Wilson, William Sempill, and William Rodger : — "To the Earle of Eglinton, Hereditary Sheriff Principal of Renfrew and Principal Baillie of the Regalitie of Paisley, ' ' Complaines Charles Simpson, proor fiscall of Court, upon and against William Wilson, in Drumms, Wm. Sempill, at the Kirk of Erskine, and Wm. Rodger, there : That wher the beating, blooding, and battering of any of his Maj. free Leidges are crymes of ane heigh nature, and severly punishable : Notwithstand- ing qrof, true it is and of verity that the sds Three defers, Wm. Wilson, Wm. Sempill, and Wm. Rodger, haveing upon ffryday, the twelfth of Octor instant, or ane or other of the days of the sd month, mett upon the heigh way betwixt Newwark and Erskine Kirk, and ther, after severall frivvilous words passing between them. They fell to blows, and with stones, rungs, battens, and ther fists. They did beat, drag, and wound one another to the great effusione of ther blood, P 114 JUDICIAL RECORDS OF RENFREWSHIRE. wherby the sds three defers and each of them are guilty of ane blood and battery, and therfor ought to be punished in ther persons and goods, to the terror of others to committ the lyke in tyme comeing. "Kilbarchan, the 20 Octor, 1 716. "Actor pr se who instructs personall dilligence. Wm. Sempill and Wm. Rodgers absent. The judge ffinds and amerciats ilk ane of them in the Soume of Ten pound Scots of contumacie ; and haveing considered the Complaint, f&nds the same relevant agt Wm. Wilson, present, and the oyr two, absent, defers, and admitt the same the pursers probatue. "Ro. Sempill, Sheriff-Dept. " The pursr condescends pr testes as to all defrs and diligence called. Com- peared John Blackwood, in Neuton, aged 30 years, marled, who being solemnly sworn and examined. Depones that the tyme lyballed he was upon the road with the defrs, betwixt Newark and Erskine, wher he saw Wm. Wilson comeing rydeing and whyp with a small rod Wm. Sempill and Wm. Rodger's horses and themselves, so that Wm. Sempill fell from his horse, who went over him ; and yrafter saw Wm. Wilson whipe Wm. Rodger's horse afterward, and then saw Wm. Rodger alight, and saw him and Wilson goe into grips togr and throw one another doun to the ground ; and then saw Wilson goe forward a considerable peice of way, and then saw him return and throw stones at Rodger, and they went by the ears and beat one another, and saw them fall to the ground, which time the deponent separat them, and saw them both blooding, and heard Wm. Wilson say that he had lost the nob of naill of his finger, causa scientiee patet, and that is the truth, as he shall anssr to God ; and depones he cannot wryt ; and also depones that the deponent has seen Wilson's finger that it had lost a joynt since syne. "Ro. Sempill, Sheriff-Deput. " Compeared James Ker, in Gatesyde, aged 40 years, marled, who being solomnly sworn and examined. Depones that he saw the three defers the tyme lyballed fall into a struggle and beat one another on the heigh way, and yrafter saw Wm. Rodger and Wm. Sempill both blooding, and heard Wm. Wilson say he had lost a peice of his finger, causa scientise ; he was rydeing on the road at the tyme ; and that is the truth, as he shall anssr to God, and depones he cannot wryt. "Ro. Sempill, Sheriff-Dept. "Compeared John Ffultoun, in Damherd, aged 36 years, maried, who being solemnly sworn and examined, depones in omnibus as John Blackwood, and that the truth, as he shall anssr to God, and depones he cannot wryt. ' ' Compeared Wm. Ffultoun, ther, aged 44 years, maried, being solemnly sworn and examined. Depones in omnibus as Jon Blackwood, except that the deponent saw no stones thrown, and that is the truth, as he shall anssr to God, and depones he cannot wryt. "Ro. Sempill, Sheriff-Dept." "Kilbarchan, 20 Octor, 1 716. " Haveing considered the relevancie of the Complaint, with the pi;-obation ad- duced ffor proveing thereof, Ffinds it proven that the three defers wer all in a KILLING A HORSE CHARGED AS MURDER. I15 strugle upon the heigh way, and that they beat one another with rungs and staves ; and that the wholl defers were cutt and woonded with the stroaks given in the scuffle, to the effusion of ther blood, and lykeways that Wilson lost a joynt of one of his fingers in the scuffle, and therfor ffinds and amerciats each of the defers in ffifty pounds Scots, attour the fyne for contumacie. "Ro. Sempill, Sheriff-Dept." ItiUing a fl^ovse ci)argelr in (Criminal ilifiel as iHurtier, 1721. N illustration of the extraordinary manner in which justice was administered by the Hereditary Sheriff of Renfrew- shire and Principal Baillie of the Regalty of Paisley, and by his lordship's deputies and substitutes, we have already, in a former volume of Selections from the County Records, given some examples of the criminal libels, proceedings, and sen- tences in their courts. But of the very numerous cases we have examined, no one is more extraordinary than that which forms the text of the present notes. Here, in 17 21, we find, in a criminal libel raised before the Sheriff at the instance of a private party, with concurrence of the Procurator-Fiscal of the county, the crime of killing a horse charged as " murder of the said horse," and a craving made that the person charged with this novel crime should be punished in his person and goods " in terror of others to com- mitt the like in time coming." This case was instituted by James Paterson in FoUowhills, and the Procurator-Fiscal of Court for his interest, against Robert Paterson in Cornilies ; and in the major proposition in the libel, it is stated, " That where any person doth wilfully, and of set purpose, stick, butt, or stabb one other person's horse, without the owners consent, with ane knife, sword, or other invasive weapon, especially where the wound given thereby proveth mortall, and the horse dyethe within a little time thereafter, the actor becometh guilty of the murder of the said horse, and is liable in condign punishment in his person and goods, being ane crime of ane high nature." In the minor proposition, it is charged that "the said complainer, at Il6 JUDICIAL RECORDS OF RENFREWSHIRE. Candlemas, 1719 years or thereby, had belonging to him ane dinn gray horse at that time standing ^_in the" closs or stable of James Watson, in Lang Vinnell, in Greenock, and the said defender having conceived malice against the complainer, and purposed ane evel to him, which he had formerly threatend and menaced to do, which he not obtaining execute upon himselve, was at the time foresaid seen goe in to the closs or stable wher the foresaid horse was standing, where he stabbed and cutt the foresaid horse in the belly, a little above his wand or sheath, with ane knife, and was seen standing bye or near to the said horse, dighting the said knife or other weapon, and then reteared from the said place where the horse was, and immediately there upon the horse was gote standing runing out of blood, and the puddings and intrails hanging out at the said wound, and dyed within twenty-four hours thereafter, by which it is plain and evident that the said defender js the only person guilty of the death of the said horse, the horse being found with these wounds, and in the condition aforesaid, immediately on the defender's coming out from him and seen both goe in and come out and also standing by the said horse dighting the foresaid knife." For which murder of the said James Paterson's horse, he and the Fiscal craved first, that the defender should be decerned to pay the value of the horse ; second, to make payment to him of his "dammadges" to be modified by the Sheriff; and third, that the defender should be punished in his person and goods at the Fiscal's instance in terror of others. On the 15th March, 1721, the defender was summoned to appear before Sheriff-Depute Sempill, within the Tolbooth of Paisley, on the 1 6th and i8th days of same month; and having appeared on the 1 8th with his agent, objections to the relevancy of the libel were urged, and particularly that the Sheriff was not competent to try the defender for murder, which was the offence charged ; that the killing of a horse as charged was not murder, but only malici- ously wounding and killing the horse ; and that the charge being thus irrelevantly laid, and the judge incompetent to try the accused upon it, the libel ought to be dismissed and the accused assoilzied. The Sheriff, however, on considering the libel and answers made thereto, repelled the answers and found the complaint relevant to infer arbitrary punishment, and admitted the same to probation. Another course might have been looked for from Sheriff Sempill, who having had at least twenty years' experience of the duties of KILLING A HORSE CHARGED AS MURDER. I17 Sheriff-Depute, ought at once to have seen the absurdity and ir- relevancy of the charge as hbelled. The defender's agent protested against the Sheriff's finding, and intimated his intention to advocate the cause to the Supreme Court. This intimation seemed to have had the effect of opening the eyes of the Fiscal to the utter absurdity of the charge in his Ubel, and of inducing him to abandon the proceedings, and the Sheriff was saved from committing himself further by entertaining a charge unprece- dented, we believe, for its irregularity and absolute absurdity, even in a court of an heritable judge, — although from examples formerly given of the proceedings in the courts of the hereditary judges in Renfrewshire, any amount of irregularity might be looked for. The following is a copy of the libel we have referred to, and of Sheriff Sempill's interlocutor of relevancy : — "COMPLAINT. "To the Earl of Eglinton, Hereditary Sheriff- Principal of Renfrew, and Principal Baillie of the Regality of Paisley. ' ' Compleans James Paterson, in foUowhills, and the procurator fiscal of court for his interest upon and against Robert Paterson in Carnilies, that where any person doeth wilfully and of sett purpose, stick, cutt, or stabb, ane other person's horse, without the owner's consent, with ane knife, sword, or other invasive weapon, especially where the wound given thereby proveth mortall and the horse dyethe vrithin a little time thereafter, the actor becometh guilty of the murder of the said horse, and is lyable not only in reparation to the party lessed for the valow of the said horse and damnadges, but also to condign punishment in his person and goods, being ane crime of ane high nature ; and it being true and of verity that the said compleaner at Candlemass, seventeen hundred and nineteen years or thereby, had belonging to him ane dinn gray horse at that time standing in the closs or stable of James Wattson, in Lang vinnal in Greenock, and the said defender having conceived malice against the complainer, and proposed ane evel turn to him, which he had formerly threatened and menaced to do, which he not obtaining execute upon himselve, was at the time foresaid seen goe in to the closs or stable wher the foresaid horse was standing, where he stabbed and cutt the foresaid horse in the belly, a little above his wand or sheath with ane knife, and was seen standing by or near to the said horse dighting the said knife or other weapon, and then reteared from the said place where the horse was, and immediately there upon the horse was gote standing runing out of blood and the puddings and intrals hanging out at the said wound, and dyed within twenty- four hours thereafter, by which it is plain and evident that the said defender is the only person guilty of the death of the said horse, the horse being found vrith these wounds and in the condition aforesaid, immediately upon the defender coming out from him and seen both goe in and come out and also standing by the said horse dighting the foresaid knife, which being verified and proven he ought and should not only be decerned to pay the valow of the said horse, for ii8 JUDICIAL RECORDS OF RENFREWSHIRE. which the pursuer ought to have oath in litem, and also his damages to be modi- fied by your Lorp ; but to be punished furder in his person and goods at the fisk's instance in terror of others to commite the like in time coming." SHERIFF SEMPILL's INTERLOCUTOR OF RELEVANCY. "Paisley, 1 8 March, 1 72 1. ' ' I having considered the Complaint vi'ith the answers made thereto, Repells the ansrs and finds the complaint relivant to inferr ane arbitrary punishment, the pursr proveing premeditated malice and variance, and that the Defr was seen with a bloody knife in his hand neer and at the tyme the horse lyballed was stuked, and admits ye Complaint to probatione. "Ro: Sempill, Sheriff Dept." The Defr protests and intimates advocation to the SupremeCourt. ■Fitttiictibf ^iunisftment of E^ree ^aisleg MLtRttx^, 1749- HE last case to which we shall refer as illustrative of the reprehensible and vindictive spirit in which the law was administered, and the evidently selfish pur- poses of those engaged in the prosecution, is that against a trio of Paisley Weavers, who had quarrelled amongst themselves on the pubUc highway, and who, but for the public prosecutor, would have willingly settled matters among themselves, and allowed " byganes to be bygapes." Sheriff M'Dowall, the first of those appointed by the Crown, shortly after entering upon the important duties of his office, took occasion to remark upon the practice in the Sheriff Court of the pubHc prosecutor and the members of his bar bringing before the Sheriff cases, both civil and criminal, of a very trifling and unimportant nature, and expressed his determination to discountenance this practice in future. This excellent and much required resolution, as ap- pears from the proceedings in civil and criminal cases brought before him, was sometimes thrown in the teeth of the law agents and the Procurator-Fiscal, when they happened to bring petty causes into Court. But the practice had become inveterate, and neither the Fiscal nor the legal practitioners, who were rather numerous in proportion to the population of the county, could at VINDICTIVE PUNISHMENT OF THREE PAISLEY WEAVERS. II9 once be brought to attend to the Sheriff's intimation. In the case which we append to these notes, there is a somewhat remarkable instance of this, for we there find that not only did the Procurator- Fiscal institute a very uncalled for criminal prosecution, but the Sheriff, forgetful seemingly of his intimation to his bar, allowed him- self to be led to give effect to an oppressive, if not illegal, practice frequently adopted before the heritable Sheriffs, and of which we have published some remarkable instances, of making persons accused of crime criminate themselves on oath, or, failing their declining to depone, holding them to be contumacious and as con- fessing the libel. In the petty case we now refer to, three Paisley lads met and quarrelled on the highway near " Cunninghouse" (now Kinninghouse) near Glasgow, where a slight scuffle took place ; and one of them, considering himself aggreived, summoned his two companions before the Justices of the Peace at Paisley for damages, upon which the whole parties referred the matter in dispute to the decision of a mutual friend, and were, by his interference, com- pletely reconciled. There was little, if any, personal injury, and no damages were awarded by the referee, and the parties had reason to suppose that this trifling matter was at an end. Not so, however, did the Pro- curator-Fiscal consider it. He, in apparent obliviousness of what had been told him by the Sheriff, asserted " his right, ad vindidum publicam, to interfere ;" and in a criminal libel in which this miser- able squabble of these Paisley youths was magnified into "the Crime of Blood, Witt, and Battery, committed on the King's Highway with Batons, Cudgells, or some other weapons the accused were bodden with, and with their fists and feet," to the injury of one of the parties ; and the Sheriff, after hearing the defence of the accused by their agent, Mr. James Kibble, who pleaded the very trifling nature of the offence, and the reference and friendly settlement of their differences, found the criminal libel relevant, and a diet was assigned for proceeding further, when one of the accused parties failed to appear, and in absence was held to be contumacious, and found guilty and fined ; and the other defender, having refused to give evidence on oath against himself, was held as confessed, and also amerced in a fine to the fiscal. Thus, at the very first oppor- tunity, the learned Sheriff not only failed to carry out the deter- mination he had announced to his Bar, that he would discoun- tenance petty prosecutions, but he also, at same time, inaugurated JUDICIAL RECORDS OF RENFREWSHIRE. in his Court the oppressive practice — long and pertinaciously fol- lowed by the heritable SheriiFs — of making parties accused of crime criminate themselves on oath ; and, faiUng their swearing, holding them as confessed. In the written pleadings, the Procurator-Fiscal urged that where the private party injured did not, or from poverty or other cause would not prosecute, it was his duty, ad vindidum publicam, to prosecute. This was strictly legal doctrine, but it is a power that is sometimes more honoured in the breach than in the observance ; and here was just such an offence as might have induced the Fiscal, considering the expressed opinion of the Sheriff in regard to petty cases, not to prosecute, more especially as no one asked him to do so, thus leading the public rather to believe, as the libel bore, that he was prosecuting " for his own interest" rather than " ad vindidum publicam." The following is a copy of the libel and of the Sheriffs sentence in the case we have referred to : — " Complains Alex. Short, pror fiscal of Court, Upon and against Thomas Storie, merchant, son of Thomas Storie, Elder, weaver in Gordon's loan of Paisley, and Mathew Leechman, Journeyman with Robert Lang, weaver in Calsaside of Paisley, That where the Crime of Blood witt and Battery, Especially when committed on the King's Plighroad, is Highly punishable ad vindictum publicam : Yet nevertheless True it is and of Verity that the saids Defrs both or either of them, on the Ninth Day of July last, or upon one or other of the Days of sd Moneth, having met with one John Moody, weaver in Paisley, travelling in a peaceable manner from Glasgow to Paisley, at a place of the Highroad near the Cunninghouse, they the said Defrs, fell upon the said John Moody and Brought and knocked him to the ground with Batons, Cudgells, or some other weapons they were armed and Bodden with, and with the said Cudgells or oyr weapons, or with their fists or feet, gave the said John Moody several severe strokes on the head and other parts of his Body, and Cutt, wounded, and Bruised him to the great effusion of his Blood, which ran from the wounds given. And therefore the saids Defenders ought and should be fined and un- lawed each of them in the sura of Fifty pound Scots money, and exemplarly punished in their persons, in Terror of others. " " Thos. Simpson, Subst. " Paisley, 24 August, 1749. " The pror fiscall present. " Jas. Kibble, for Stony, gives in answers with mandate, and passes from his Compearance for the Defr Leechman, who is absent. " Pror Fiscall craves dec : of Contumacy agst the Defr Leechman, and that ye oyr Defr may compear and Enact. " The Sheriff, in respect that the Defr Leechman has failed to Compeare, therefore fynes and amerceates him in ten pound Scots to the pror fiscall of Court for his Contumacy : Ordains the sd Defr to be Apprehended and Imprisoned till payt, and he to be cited pro tertio. " Tw: Simpson, Subst. " COURT PROCEDURE IN CIVIL CASES. " Paisley, Jth September, 1749. ' ' Thos. Simpson, Sherriff Subst. " The pror fisk present. The Defrs pror present. The Defr absent. The fisk craves a circumduction of the term agst the Defr and Dec. as Lyt. " The Sheriff, in respect the Defender Thos. Storry has not Compeared to depone on the Lybell in terms of last Interloque : Therefore circumduce the term agst the sd Defender, and fynes and amerceates him in the sum of ten pound Scots to the pror fiscall of Covirt for the Crymes : Ordains the Defrs per- son to be apprehended and Imprisoned till payt, and precepts to be Direct. "Thos. Simpson, Subst." OToutt ?proceirure in (EMI fflases. N the preceding papers we have given examples of criminal proceedings before the Hereditary Sheriff of the County, and his Deputes and Substitutes, at the close of the seventeenth and early part of the eighteenth centuries, chiefly with the view of thereby illustrating the forms of such prosecutions, the curiously quaint style of the complaints or criminal libels, the disregard of justice exhibited too frequently by the Judge in refusing to sustain well-founded objections to the relevancy of the charges and admitting to probation even the most absurd of these — and, most reprehensible of all, the mode of pro- bation allowed to the prosecutor of putting the accused on oath, and the holding of him to be contumacious should he either re- fuse to criminate himself on oath or to appear in court ; and, finally, the severity of the sentences, these being generally exces- sive and bearing no just proportion to the offences. We now proceed, by way of variation, to refer to the procedure of the court in civil cases, and to give an example or two illus- trative of the licence enjoyed for the abusing of an opposing client, according as whim or caprice might dictate, as well as the protracted and expensive litigation which rapidly manifested itself after the appointment of Sheriffs appointed by, and responsible to, the Crown ; while, as redeeming points in the legal practice of the period, we give, first, a very creditable specimen of despatch in a summary process for debt before the Sheriff, and, secondly, an example of the extreme moderation displayed by a conscientious lawyer in the making up of his bills. Q JUDICIAL RECORDS OF RENFREWSHIRE. In the early part of the present century, and down to 1825, when summary jurisdiction was given to the Sheriff in cases not involving a claim above ;^i2, actions for debt of any amount were competent, and were daily raised in the ordinary Sheriff Court, and often attended with enormous expense and delay — so much so, indeed, as to produce a universal demand for law reform. In those days, the agents almost as much as the parties to the suit came to be interested in the litigation ; and full advantage was taken by the Procurators in the Sheriff Court of the advantage thus given them. When appearance was made for a defender, the cause was thereafter conducted by written pleadings ; and it was not less the practice than the interest of the agents not to be brief, but rather to make their papers long by the introduction of irrelevant matter, thereby entailing on the Sheriff the laborious duty of searching for the truth of the case, to guide his judgment, from among a mass of written matter having little re- levancy to the question at issue. With such licence and unlimited discretion in the mode of stating the case, it was the almost universal practice of an agent, in order to prejudice the mind of the Sheriff, to devote not a few pages of a pleading, and particularly of answers to the libel, to a criticism of the character of the pursuer, and his motives for instituting the action, — these being generally stated to be everything else than a righteous desire to obtain justice, and only an attempt to oppress the defender, by dragging him into liti- gation, of which it was then at all times difficult to see the end, even a lifetime being sometimes hardly sufficient to secure a final decision ; and not unfrequently, before it was obtained, bankruptcy or other cause intervened to render a judgment in his favour worth- less to a pursuer. It is curious and somewhat interesting to learn from the proceed- ings in civil causes before the Sheriff a century and a half ago, that the then Procurators of his court adopted means much akin to those used early in the present century, as above referred to, to prejudice the Judge against an opposing litigant, whether pursuer or defender. In a case instituted in 17 11, we find this well exempli- fied. In the defence such irrelevant remarks frequently occur as " this scum and scurrilous conveyance (assignation) to the sum " pursued for should be dashed and discouraged, and all oyrs of " the lyke nature ;" or, " such mean and poor whimsies and " quibbles [as the transferring of his claim] by ane [the original COURT PROCEDURE IN CIVIL CASES. 1 23 " creditor] who pretends to be ane wryter, against ane honourable " gentleman, ought to be crushed and discouraged, and till your " Lordship's mind be known on these the defender is unwilling to " trouble your Lop: with decerning in the cause." The case here referred to was instituted by John Alexander, in Greenock, assignee of Hugh Paterson, writer, in Crawford's dyke, against Sir Archibald Stewart, of Blackball, for the price of " Imps (implements) and stocks got by Sir Archibald ten or twelve years previously." It may be supposed that, having been so long due, "ane wryter," the original creditor, had httle faith in the justice of his claim, and therefore assigned it to another to contest its justice with Sir Archibald. The claim, however, was, with a view to escape litigation and to get rid of the " scum and scurrility of the assignation" of so old a claim, referred to the decision of Thomas Rennie, chirurgeon, at Gourock, and he, " to the best of his judgment and skill, found " that the articles pursued for were not better [worth more] than " ;^i8 Scots, or £,\ los. sterling," and so this cause came to an " end. The following are copies of the answers for Sir Archibald Stewart to the libel, and of the award by the referee : — ANSWERS. " Sir Archibald Stewart of Blackball answers to the clame pured by John AUexr., pretended assigney by Pettersone, with aplication to your Lop: shew- ing yt this scum and scurelous conveyance of this soume to this assigney should be dashed and discouraged, and all oyrs of the lyke nature, because the cedent is living and able in hinaself to purseu his own debts, and yt more natively then any assigney or strainger can be, especially when there is no necessity upon the assigney to take the same as payment, nor is he ane onerous creditor to the cedent, and that such mean and poor whimsies and quibles should be transmitted to and managed by ane who pretends to be ane wryter agst ane honourable gentleman ought to be crushed and discuraged, nether ought any regaird be had to them, assignation nott being vallid bearing registration, and the samyn nott onerous and for the adequat valine, and till your Lops: mind be known in these Sir Archibald is unwilling to trouble your Lop: with descerning in the cause." AWARD BY REFEREE. "I, Thomas Rennie, Chirurgeon, at Gourock, do hereby declare that the Imps and stocks which Sir Archibald Stuart of Blackball got from Hugh Pater- son in Crafordsdike, about ten or twelve years since, were not (to the best of my judgment and skill) better than eighteen pound Scots money : And this I declare, and under my hand give it, to the best of my memory, judgment, and estimation : And if I were put to give my oath before a J^idge, what I thought were the true value and worth of them, I can put them to no higher price : In 124 JUDICIAL RECORDS OF RENFREWSHIRE. witness whereof I have subscribed this my present Declaration at Ardgowan, this twenty eight day of July, one thousand seven hundred and eleven years, before these witness, Mr. Thomas Fisher, minister of the Gospel at Rynd, and Mr. George M'Vey, chaplain to the Laird of Blackhall, younger, and writer hereof. "Thomas Rennie. " T. Fisher, witness. " George M'Vey, witness." giummarg process for JBtht, 1745- EFORE the passing of the Act i and 2 Vic. chapter 119, for regulating the constitution, jurisdiction, and forms of process of Sheriff Courts in Scotland, all actions for debt, whatever the amount sued for, were competently brought before the Sheriff in his ordinary court ; and, where the sum due was of small amount, a creditor was thus enabled to oppress his debtor by incurring expense disproportioned to his debt, and, where the claim was disputed, often to cause endless and most unnecessary litigation. But while down to 1838 the door of the Sheriff Court was thus open for such contention, the form of pro- cess previous to the abolition of the jurisdiction of the Hereditary Sheriffs in 1747, was remarkable for its brevity; and of this the case we now publish affords a good example. The summons was raised in June, 1745, called in court, defences lodged, and a judg- ment of the Sheriff pronounced, allowing the pursuer a proof, all within that month ; and, finally, the cause was decided, after proof, on 25th July. With the abolition of the Hereditary Sheriffs and the appointment of these officers directly by the Crown, a change in the forms and the practice of the Sheriff Courts, not advantage- ous to litigants, gradually came to be introduced. So far was this carried, that about the end of the eighteenth century and early in the present a loud outcry was made by the public against the law's delay and cost in civil causes, and the consequent denial of justice ; and " law reform" thus became an object of popular demand ; and not long after the passing of the Act for amending the representation of the people in Parliament in 1831, the abuses that had existed for nearly a century were swept away, new forms of process prescribed for the Sheriff Courts, and several Acts, now in operation in our county courts, passed for the more speedy and less expensive SUMMARY PROCESS FOR DEBT. 125 recovery of small debts. We have more than once given ex- amples of the vexatious and endless procrastination and number of pleadings in practice, in civil causes in the Sheriff Courts at the beginning of the present century ; and if our readers will only con- trast these with the forms in use a century ago, which we give below, they will be enabled to see how the better and more summary forms in olden times had been superseded by others of a useless and oppres- sive character, and had come to be such a public grievance as to lead to a thorough reform in the practice of the Sheriff Courts, and a near approach to the simplicity and brevity of style and dispatch of these courts previous to 1748. The following is a copy of the proceedings in a civil process in 1745, above referred to, in which our readers will find neither waste of words, expense, nor time in the search for justice, and contrasting very favourably with the abuses which, as will be seen by a suc- ceeding paper, crept into the court four or five years afterwards : — SUMMONS. " Wee, William Petrie and Alexander Scott, Butchers in Greenock, ask and Claim from Robert Hunter, younger, Butcher in Neuwark, five pound fifteen shillings starling, as the price of three stotts or head of black cattle bought and received by him from us in Janry, 174S, or yrby, deducing four pound starling paid, qrof he promised paynt, and altho' wee have often times desired him to make payment to us of the foresaid sum, deducing as is above deduced, yet he postpones and delays so to doe. Therefore he ought and should be decerned." DEFENCE. ' ' Answered by Robert Hunter to the claim pursued agst him by Wm, Petrie and Alexander Scott : That, denying always the same to be of verity, the promise of payment lybelled is only provable Scripto vel Juramento of the Defender. " INTERLOCUTOR OF SHERIFF. "Paisley, 18 June, 1745. ' ' Haveing considered the claime & answi's : Finds the Claime Relevant, and admits the same to probation, pro ut de Jure except as to promise Scripto aut Jurator only. " Henry Maxwell." OATH OF DEFENDERS. ' ' Paisley, 25th day of July, 1 745. "The pursuers present, Sworn upon the Libel referred, the pursuers depone af&rmative thereto ; and this they depone to be truth, as they shall ansvifer to God. "William Pettrie. "Alexander Scoott." judgment. ' ' In respect whereof decerns. "Henry Maxwell." 126 JUDICIAL RECORDS OF RENFREWSHIRE. Ittotreratiott in a aatDget's Bills, 1716 antr 1747. S might well be supposed, considering the amount of liti- gation in the county courts, lawyers' accounts are to be found in large numbers in the Record-room. These are a class of documents that seldom, if ever, afford pleasure to their recipients, while their perusal is often painfully disagree- able even to outsiders ; still they are useful in showing the cost of litigation in olden times as compared with the present. It is not usually remarked of these documents that they lean towards modera- tion, or that they are at all calculated to induce a love of litigation ; although, somehow, they have not either in past or present times prevented numerous contentions in our local courts, nor perhaps will they ever altogether put down that spirit of strife which seems inherent in some men, and that game of beggaring one's neighbour to which it leads, of which so many are fond, and which supplies our courts, even now, with most abundant examples. When, how- ever, a lawyer's bill is found to be remarkable for its moderation, thereby giving a contradiction to the common but in most instances mistaken and unreasonable notion, that a lawyer's account is one of those things with which a wise man always has as slight an acquaint- ance as possible, it is right that it should be published, to show that for a most reasonable amount of law charges our forefathers could and did, as in the case hereafter referred to, obtain the valu- able professional services of an eminent Paisley writer, when they were involved in litigation. At the beginning of last century the Sheriff of the County, as well as the Justices of the Peace, held Courts in Paisley and other parts of the County, at which the Paisley writers, who in proportion to the number of the population were pretty numerous, appeared for the litigants ; and, judging by the number of the civil and criminal cases then prosecuted, they had considerable practice. Among them was Charles Simpson, who had for a client Patrick Dougal, in Coal-Bog, who had brought himself within the meshes of the law, and to take himself safely out of what was worse than a coal-bog — a Criminal Court and the hands of the Procurator- Fiscal — he sought and obtained the professional aid of Mr. Simp- MODERATION IN A LAWYER'S BILLS. I 27 son. On two several occasions did his agent go to Kilbarchan to the Justice of Peace Court there, compearing for him, and drawing two long representations to the Justices in his defence; and also compearing for him at two Justice of the Peace Courts at Paisley. For travelUng to Kilbarchan, attendance at the Court there twice, drawing two long written representations of his client's defence, and afterwards attending two courts in Paisley, Mr. Simpson charged the very moderate fee of;^i2 Scots or ;£i sterling. The tenant of Coal-Bog had litigious propensities, as was some- what common in the last and the beginning of the present century ; and therefore we find him requiring the services of Mr. Simpson, after his Kilbarchan experience, to defend him at Paisley against a neighbour, John Houstoun, " who pushed him for some grass"; and for relieving him from this pressure of Mr. Houstoun — of what nature, civil or criminal, does not appear — his agent demanded a farther fee of three pounds Scots, or 5s. sterling. We remarked at the outset that this account of Mr. Simpson's was extremely moderate, even when the diiferent value of money then and now is taken into account, and that it lets us into the knowledge of the moderate tax on the purse for which the game of litigation could be carried on in 17 16. Still, then as now, lawyers' bills, whatever their amount, were disagreeable documents, and payment of them was often refused or unreasonably disputed ; whi!e as for gratitude for effective professional services and sacrifices made, that was and is a thing not for a moment to be thought of. So Patrick Dougal refused or delayed payment of the ^^15 Scots due, and Mr. Simpson was obliged to bring him before the Sheriff of the County to compel a settlement; and Sheriff Sempill, taking a somewhat different view of the extremely moderate remuneration claimed than the tenant of Coal-Bog, decerned against him for the same and expenses. If any of our readers have been so unfortunate as to have been brought within the meshes of the Criminal Law, and have had to defend themselves against what may have been an unjust accusation ; or have, in the Civil Courts, been obliged with professional assist- ance to resist an unjust claim for debt, and have paid their agent's bill ; they will know whether it will compare favourably or not with those of this respectable Paisley writer, who for ^15 Scots, or ^1 5s. sterling, seems to have done a considerable amount of pro- fessional work. 128 JUDICIAL RECORDS OF RENFREWSHIRE. The following is a copy of the libel raised before the Sheriff of the County, at Mr. Simpson's instance, against the tenant in Coal- Bog, and his Lordship's decree for the sum claimed : — COPY LIBEL. " I, Charles Simpson, Wrr in Paisley, ask and claim Patrick Dougall in Coal- Bog, twelve pounds Scots as due me as reasonable satisfaction for my pains in going two severall tymes to Kilbarchan to ane Justice of Peace Court there, and compearing for him in ane complaint pushed against him by ye Fisk of Court, and drawing two long representations to the Justices in the said affair, and com- pearing at two Justice Courts at Paisley qh he employed me and promised payt within this year. Item : Three Pounds Scots for process in defending him against John Houston when pushed for cutting some grass." DECREE. " Paisley, 21 June, 1716. Actor per se now instructs persl. diligence and ye Defr absent is confest and decerned. "Ro: Sempill, Sher: Dept." Charles Simpson long maintained a good position as a member of the legal profession in Paisley. In 1747, thirty years after the rendering of the account above quoted, he seems to have enjoyed an extensive practice, and to have been as distinguished for modera- tion of charges in the end as in the beginning. In 1747, and for a number of years after that time, under Sheriff-Depute M'Dowall, he held the office of Sheriff-Substitute for the county. Mr. Simpson was also the law agent of many of the landed proprietors in the county, and among others of Alexander Porterfield, senior, of Fullwood, and was employed to defend his client in several actions brought against him in the Sheriff Court. The account now referred to was rendered by Mr. Simpson to Fullwood, and amounts to ;£i2 19s. Scots, or ;^i 3s. 3d. sterling, and includes not only the expense of two litigated processes, but the cost of two proxies for Fullwood to the Head Courts of the county, in 1746 and 1747. The Porterfields were a distinguished family in the county, and the family estate of Duchall, long held by them, is now merged in the extensive possessions of the present much-respected Lord- Lieutenant of the County, and Fullwood now belongs to Speirs of Eldershe. When, as in 1747, two " gude ga win' pleas" could be carried on at such a small risk of costs as this account shows, it is not very surprising that law suits were then greatly more numerous in proportion to the population and wealth of the county than now; and probably if lawyers' bills were framed on a table of fees some- what like that under which Mr. Simpson lent his professional WHAT LITIGATION BECAME. I 29 services to his clients, there might still be a plethora rather than a famine of litigation in our superior and County Courts. But wisdom is the fruit of experience, and experience of the law's delay and cost seems to guide the public now-a-days to seek, in com- promise or reference, the means for the settlement of differences, rather than have recourse to litigation, even although unnecessary loss of time and useless expense are, to some extent, provided against by recent reforms in the practice of both the supreme and inferior Courts. June, 1747. — Account, Alexander Porterfield, senior, ofFuUwood, Esq. To Charles Simpson, Writer, in Paisley. Imprs to the Copyy of a Lybell at William Wallace Instance Scots money. against you, £,QO 04 00 Item to Small dwes, 00 03 00 Item to ane Act of production for you to Depone, 00 02 00 Item for your absolvitur and Box, 00 05 00 Item for pror fee and trouble, 03 00 00 Item to the Coppy of a new Lybell at Wallace, and the fisks instance against you, 00 04 00 Item to Small dwes, 00 03 00 Item to obsolvitur, 00 06 00 Item to pror fee and trouble therein, 03 00 00 Item to two proxies at the head Court, for the years 1746 and 1747, 06 00 00 Item to my Servant for writing in both, 00 12 00 £i-l 19 00 a2ai)at Hitisation became after l^fritafilc Jutistiirtions i)atr fifen atoUsi)cJr. HE change from the Heritable Sheriffs to that of Sheriffs appointed by, and directly responsible to, the Crown, had been the result of the universal complaint of the abuses which had crept into the Courts of the Deputes and Substitutes of the noblemen and other land-owners who held the office of Heritable Sheriff-Principal ; and the people of Scotland were led to believe, and had every reason to expect, that under a new and reformed system the business of the Sheriff's Civil Court would be conducted in another manner, and the reasons of complaint removed that had led to the doing away with an in- 13° JUDICIAL RECORDS OF RENFREWSHIRE. efficient and corrupt system. The fault of the old system was that the Depute and Substitute Sheriffs were appointed without responsibility, or legal knowledge, or training to judicial procedure ; and hence the forms of the proceedings in the Courts, and the judgments of these officials, when now examined, are found to have been arbitrary and grossly irregular, and oftentimes unjust ; their only merit being that these were generally very summary, and where there was any written pleadings they were remarkable for brevity, seldom exceed- ing a page, and at most not occupying more than a small scrap of paper. When heritable jurisdictions were abolished in 1747, the Crown appointed Charles M'Dowall, of Crichen, Advocate, Sheriff- Depute of Renfrewshire. For the very summary forms of pro- cedure, in civil causes, previously in use. Sheriff M'Dowall at once introduced into his Court other forms and pleadings, with the result of endless litigation and enormous additional expense. Among the very first of the Civil Processes raised before the Sheriff in 1748, was a summons of removing, at the instance of Mrs. Margaret Coats, relict of William Cunningham, of Caimcurran, as factor for her son, William Cunningham, with consent of his curators, against Alexander Lyle, tenant of the lands of Carruth, to have the defender ordained to remove from said lands and houses at Carruth, at the terms of Mar- tinmas and Whitsunday following. The pursuer produced, with her summons, precept of warning and execution of warning and charge to remove thereon. To the summons, the defender lodged answers, and pleaded " That there can be no process, the copy of the summons not being served upon him six free days, as the law directs, for which see ' Forbes' Institutions,' vol. ist, part 2nd, book 2nd, page 157, concerning removing of tenants." The pursuer sought to remedy this defect by a new citation, of which she pro- duced an execution, and was allowed to reply to the defender's answers. The whole pleas of the parties were thus before the Sheriff, who had only to decide upon the legality of the warning, but his Lordship, instead of at once holding the warning null, as he ultimately did, after protracted litigation, allowed the defender to triply to pursuer's replies. But this was not enough, although no new pleas were urged, and the Sheriff allowed the pursuer to quadruply to the defender's triplies ; when at length the record was thought to be sufficiently complete and avizandum was made with the cause. A TWO YEARS PLEA REGARDING A CHURCH SEAT. I3I The litigation had thus been vexatiously protracted, although the action was of a summary nature, and the only question involved was the validity of the service of the summons ; and a final judg- ment " finding the warning null," and assoilzieing the defender, was at length, on 28th March, 1749, pronovmced. E SEtoo Peats' ^lea tegattiins a (Si)urc!) ^eat, 1748. MOTHER case illustrative in its way of the facilities for endless and expensive litigation afforded by the practice in the Sheriff Court of this county, introduced immediately after the appointment of the Sheriff by the Crown on the abolition of heritable jurisdictions, is to be found in a miserable family contention for the possession of the foremost of two adjoining seats in the gallery of Locliwinnoch Parish Church in 1748, and which, after no end of Petitions, Notarial protests. Answers, Representations, Informations, Memorials, and Proofs, spread over a couple of years, resulted in nothing. Certain histori- cal documents relating to the Church accommodation at Loch- winnoch, which were produced during the process, are of consider- able interest, as showing the valuation of lands in the parish in 1 73 1, the amount of accommodation effeiring to the lands, and the allocation of each Heritor's proportion. These documents will be found in extenso in our section, — " Rents, Prices, etc.," — in the latter portion of the volume. The litigants were relatives — a brother, his sister, and her hus- band. The bone of contention was unimportant, and only as to which family should have the right to, and use of, the foremost of two adjoining seats in the mid row of the west loft of the Parish Kirk of Lochwinnoch, to which the pursuers alleged they had right by the settlement of the deceased Robert Bryden, which conveyed to them the lands of Fairhill and Planthe, which they alleged ex- ceeded in valuation the lands of Carse and Auchenhean disponed by said settlement to the defender, but of which he then owned only a part. The contention between this brother and sister was thus 132 JUDICIAL RECORDS OF RENFREWSHIRE. merely for the right and privilege of using the foremost of two family- seats in the gallery of the Parish Church that had belonged to their deceased father, and is a fair sample of the litigious spirit of the rural population of last century, when quarrelling over paltry matters was so general a characteristic. In the month of February, 1748, Alexander PoUuck, portioner of Fairhill, and Jean Brydine, his spouse, daughter of Robert Brydine, of Planthe, raised an action before the Sheriff of the county, against William Brydine, in Carse, and son of the deceased Robert Brydine, to have the defender, William Brydine, ordained to desist and cease from troubling and molesting the pursuers in their occupancy and possession of the foremost seat of two seats in the Parish Church, which had belonged to the deceased Robert Brydine, as proprietor of part of the lands of Fairhill, Planthe, Carse, and Auchenhean, in the parish of Lochwinnoch ; the pursuers having, by the settlement of Robert Brydine, deceased, acquired right to the said lands of Fair- hill and Palmtree, which exceed in valuation the other parts of Carse and Auchenhean belonging to the defender. The first step in this unfriendly contention was a petition to the Sheriff, at the instance of Alexander PoUuck, and his spouse Jean Brydine, against WilKam Brydine, craving that the said Wm. Brydine should be decerned to desist and cease from molesting the pursuers in the enjoyment of the foresaid foremost seat. The presentation of the Petition had been proceeded by a formal Notarial Protest by the pursuers, and was followed by Answers for WiUiam Brydine, in February, Petition for William Brydine on ist March, Represen- tation by William Brydine on 5th July, Answers for pursuers on 2ist July, Replies for defender on 26th July, Representation for defender on 3rd August, Answers for pursuers thereto. Informa- tion for pursuers on i6th February, 1749, Answers for defender on 28th February, Memorial for pursuer on 25th July, Answers for defender on 27th July, Petition for pursuers on 28th September, Petition for pursuers on 14th November, Answers for defender on 5th December, 1749. Proof was taken before the Sheriff at four diets, and by Commission on another, and at length avizandum being made with the cause, the pleadings and proof covering nearly two hundred pages, and the expense incurred enormous, the Sheriff assoilzied the defender, on the ground that he had the largest valua- tion, and found the pursuers liable in expenses. Thus with great legal contention, which had been continued for upwards of two years, PROTRACTED LITIGATION IN A CASE FOR RENT. 1 33 and had no doubt afforded much food for the gossip of the parish, the case was brought to a close, without any change being wrought by it in the position of the parties in regard to the places they should occupy in church. Such bitter contention was a miserable pre- paration for that frame of mind in which, whether in their foremost or backmost seats in church, these near relatives should listen to the prelections of the preacher, and his injunction that they should love one another ; and as it must have been a costly and humiliating lesson to the pursuers, it would probably occupy quite as much of their thoughts as the sermons, and kindle anything but feelings of love for those who had supplanted them in the occupancy of the foremost seat. ^rottactelr SLitigation in a (ttase for Umt, 1750. UR closing example of this objectionable licence in the protraction of pleadings, which was so unwarrantably allowed to creep into the practice of the Sheriff Court, is found in a simple action for debt in 1750, in which James, Duke of Hamilton, and James Cunison, his factor, sued Allan Clark, tenant in Dycbar, and WilUam Robertson, at Hawkhead, for the sum of;^48 I OS., the rent of the South Division of the High Parks of Thomly Park for year and crop 1747. The summons was raised on 14th June of 1750, and was called in court on 21st and again on 29th June, and then continued to rst July. On nth July Answers were lodged for the defenders, followed on i8th July by Replies for the pursuers, and on 20th July by Duplies for de- fenders. On 27th July the defenders were allowed a proof, and on I St August, on the first witness being tendered, the pursuers lodged Objections to his admissibility, but the objections being repelled, five witnesses were examined. On 22nd August, when the proof had been closed, Information for pursuers was lodged ; and on the 24th, Answers thereto for defenders. On 28th December, the defenders lodged Representation ; and the pursuers lodged Answers thereto on 4th January, 1751; and on same date the pursuers lodged Representation. On 23rd January, the Sheriff-Substitute, 134 JUDICIAL RECORDS OF RENFREWSHIRE. having considered the whole process, assoilzied the defenders, finding that they had paid their rent sued for, and that a claim of damages set up by the Duke and his factor was not substantiated. But the pursuers persisted, and lodged Reclaiming Petition on 30th January, and of same date the Sheriff-Substitute adhered to his interlocutor. Thus terminated what appears to have been a most vexatious and groundless action, the defenders actually producing receipts for the rent claimed in the summons, the litigation being continued on a claim set up by the pursuers for damages for insufficient fences, which had not even been referred to in the summons. This example of persistent, irregular, and expensive litigation, tolerated so early by the newly appointed Sheriff, was not lost on the procurators of his Court ; for a glance at the number and size of the processes in the Record Room, from 1750 down to the beginning of the present century, shows that they well knew how to profit by the door thus thrown wide open for endless litigation, however triffing the sum or matter in dispute, or, as in the case we have referred to, un- justifiable and groundless. In this case of the Duke of Hamilton V. Clark and Robertson, had the defenders been poorer men, costly and expensive contention with such adversaries would have been a matter of difficulty, if not impossibility, while justice might have been indefinitely delayed, if not utterly defeated. Thus these interminable pleadings, delays, and expenses in civil causes, that in the end proved so obnoxious, were, at the very outset of the new system, not only permitted but encouraged, and, under the most frivolous pretences, cravings for admission of additional pleadings and the introduction of new matter, embrac- ing entirely new facts and pleas in law, allowed. When it is considered that causes involving the smallest sums or most unim- portant matters of dispute were then brought before the Sheriff, it is easy to conceive what a great grievance to litigants must have been such a system — it being, in fact, nothing less than a denial of justice, often compelling parties to a suit, after it had been long in Court, to withdraw from the contention without having the question in dispute judicially settled, the only result attained being that each party was made poorer, but possibly wiser, by resorting to the Sheriff for justice. We have noted these cases to show that although the heritable jurisdictions — numerous and conflicting in Renfrewshire — and their PROTRACTED LITIGATION IN A CASE FOR RENT. 1 35 irregularities and oppressions had been got rid of and new forms of process introduced into the Sheriff Court, the new system only opened a wide door for interminable litigation, which, as shown by the numerous causes brought before the Sheriffs of the county from 1748 to the end of the century, was so taken advantage of as to bring the administration of the law in civil causes into disrepute. We have shown (First Series, p. 262) that the same system was continued to the early part of the present century, when the in- genuity of the legal profession was often called into action simply to protract a case by the innumerable steps of procedure then allowed, but now happily obsolete. For this antiquated and most vexatious system there has been substituted, under modern statutes, summary forms of pro- cedure and consequent inexpensiveness, and the loud outcry against the law's delay and cost being no longer justifiable, has ceased to be heard. I^^j^^^ ^P ig^SS W^ ^p^^ ^ 3| ^^TTTElTr ^a^ wl Ki| ^^g b^iwy, ^s( ^^ i^g^JfJZJi ^ M ^1^^ SECTION IV. SOCIAL CONDITION AND MANNERS OF THE PEOPLE, 1680 TO 1770. J Itttt(itrui:torg ©tisfrbations. N the very interesting " Sketch of the career of Duncan Forbes of CuUoden, Lord President of the Court of Ses- sion," by our present respected Sheriff, Patrick Fraser, Esq., which, had it been enlarged to a history of that eminent patriot and lawyer, would have been an invaluable addition to our biographical literature — we learn that in Forbes's time Scot- land had just obtained repose from the almost ceaseless revolutions and tumults of two hundred years ; and that from the Union, the people, left to direct their energies to the pursuit of industry, had began to fall into regular submission to the laws, and to shake off the remains of barbarism, and to grow wise from past experience of the consequences of their dissensions and their ignorance. Forbes's life embraced a strikingly remarkable period in Scottish his- tory — the revolution of 1688, the Union in 1707, the rebelHons of 1715 and 1745. He had also been a living witness to the extreme of poverty to which, through misgovernment, " his poor country " had been reduced, and to the gross ignorance of the people ; and he felt the necessity for a complete resuscitation of agriculture and encouragement of manufactures, and improvement in the courts and administration of the laws. To the period embraced by the life of the Lord President, our examination of the Judicial Records of Renfrewshire has been almost exclusively confined, with the object of illustrating the life and manners of the inhabitants, and the ad- ministration of the law in the courts of the county during that event- ful period. In fiilfiUing this task, our readers will observe that many of the old legal documents brought under their notice are criminal proceedings instituted in the Sheriff Court against parties guilty of crimes and offences indicating a barbarous and lawless •INTRODUCTORY OBSERVATIONS. I 37 condition of the people. Individual and family feuds were common; and when the people gathered together at fairs and markets, the public peace was disturbed by brawling and fight- ing — not among the lower orders only, for we find numerous instances of professional men, merchants, tradesmen, and farmers mixed in them, and all equally guilty of using " swords, rapiers, and bludgeons," or their fists and feet upon each other, to the injury of their persons and effusion of their blood, and often- times " but for the intervention of Providence and the interfer- ence of neighbours," to the danger of life. Any one who may have carefully examined the tables of Rents, Prices, Wages, etc., in our first volume, and our notes thereon, will have found there was no perceptible advance in these during the fifty years extending from 1680 to 1730. These fifty years followed a date, however, at which important political changes began to in- fluence and guide the government and legislation of the country. Previous to the Revolution, the Scottish Legislature had been used as an instrument by a tyrannical government rather for framing laws to consolidate the Stuart dynasty, and crush out, by persecution, civil and religious liberty, than to promote the interests of the people. Under such a Government, there was a general want of confidence and security, causing stagnation, if not retrogression, in commerce, trade, and agriculture ; and although the overthrow of the Stuarts gave a hope that the rights and liberties of the people would be better recognised and secured, and that the country in all its interests would soon begin to enjoy a period of prosperity, it was long ere this was realised, and, before the improvement be- came very perceptible, the country had entered on the fourth decade of the eighteenth century. From 1668 to 1740, therefore, was a period of transition from tyranny, oppression, persecution, and consequent stagnation, to a happier and better condition ; and during that long time the people were made to feel many of those evils they had long been compelled to endure, and which had pro- duced that general lawlesness of which the Judicial Records of the County afford such unmistakable evidence. It is in the Criminal Records of such times that these features in the character of the people in particular districts are shown, enabling us at this dis- tance of time properly to estimate and contrast them with the civihsation, regard for the law, and general improvement in the con- dition of the people, moral and physical, at the present day. 138 JUDICIAL RECORDS OF RENFREWSHIRE. 5aoust) iaanners at ltitftarc!)an iBlanse, 1685. N the selection of cases from the Judicial Records in illustration of the customs and manners in the county two centuries ago, the greater proportion refer naturally to the uneducated and lower classes, whose improprieties of speech and conduct brought them more frequently into court than their wealthier neighbours. The case we now quote throws some light on the domestic. manners of another and higher class, where, if anywhere, refinement and good-breeding might have been ex- pected. The case shows, over and above the use of abusive language on the part of a minister and his wife, that the domestic servant relationship to the heads of the household was about as much a vexata qicastia in old times as now. In the year 1685, "ye minister of ye Kirk of Kilbarchan " was Mr. Archibald Wilson, who, with his spouse, Annabella Hamilton, occupied " ye house of the minister," and from the appended docu- ment we learn that about the " Candlemas tyme " of that year they had as their guests the Earl of Glencairn, the Lord Ross, and Sir John Shaw, the laird of Greenock, who, it is stated, " lay at Kil- barchan in the hous of ye minister yrof " What had brought these magnates of the county to the manse is not stated, but historians describe., the time when their visit was made " as the most melan- choly in the country's history, the people being subjected to most tyrannical misgovernment, and such unparalleled persecutions as would have disgraced the most barbarous of nations ;" and it is not therefore unreasonable to presume that these influential represen- tatives of the landed interests of the county had met to consult with the minister of Kilbarchan regarding the unhappy state of the country, and what measures might be deemed necessary for the protection of Church and State on occasion of the succession of a Popish monarch, James VII., to the throne of Scotland. When leaving the house of the minister, the visitors, agreeably to the then custom, and one which is not yet entirely obsolete, bestowed on the servitors a largess of " three half dollars of drink money," to be dis- tributed among them by Mr. Spense, factor to the Lord Ross. Money was not then abundant, and " ye sd Annabella," the minis- ROUGH MANNERS AT KILBARCHAN MANSE. I39 tei^s spouse, contrived to get hold of the three half dollars, and, so far as appears, applied them to her own use. One of the female servitors was Janet Gib, daughter lawful to James Gib, at ye kirk of Kilbarchan, who remained at the manse till near the term of Mar- tinmas following, when she was so abused by " ye minister and ye sd Annabella," that she could not longer endure to stay nor perform her said service. Janet Gib being thus obliged to quit the manse, and being refused payment of her wages and other claims, — one of them being her proportion of the largess of the visitors before men- tioned, — she raised an action before the Sheriff against Mr. Wilson and his spouse, — a copy of which we append to our present notes. It sets forth " that she ye sd Janet Gib, asks and claims from ye Defenders Eight Marks Scots Money and pair of shoon, or twentie shilling Scots yrfor, as much plyding as would be ane pair of Hose, or Nyne shillings yrfor, and ane Apron of droggat, or eight shillings yrfor, with Ane peck of Meal or eight shillings, as being half a year's fee and bounties promised be ye sd Mr. Archibald Wilson and Annabella Hamilton his spous, for service to be done or per- formed by her from Whitsunday last to Martinmas next yrafter and also last bypast, whilk services she was most willing to have per- formed and did enter yrto, and faithfully and honestly served ye sd Defrs till near to said term of Martinmas last bypast, at quilk tyme they did so abuse her, ye Complr, that she could not longer endure to stay and perform her said service by yr threatening her and bid- ing her go her way or get her gone furth of yr presens, or from about yr dwelling house " to which dismissal and threats the Defen- ders, " ye minister and ye said Annabella," added quite a torrent of filthy and grossly indecent and slanderous abuse, utterly inconsistent with the place and the parties, and for which we must refer to the summons, which goes on to state, " that by yr using ye lyk speeches, and many moe not worthy to be heard or rehearsed amang Chris- tians, behind ye Complrs back to ye Neighbours in dyvors places and in sundry companies, by which unchristian usage ye Complr was constrained to depart her service at ye sd tyme, whereby she was damnified and much discredited. As also she the said Janet Gib asked and claimed ye said Annabella Hamilton and her said husband for his interest, the just and equal half of three half dol- lars quilk were given of drink money by My Lord Glencairn, My Lord Ross, and ye Laird of Greenock, to John Spense, factor to ye sd Lord Ross, and qlk at yr dirrections he delivered to the Com- 140 JUDICIAL RECORDS OF RENFREWSHIRE. plainer when ye sd Lords lay at Kilbarchan in ye Defrs house about Candlemas 1685, and ordered her to give and deliver ye samin between Margaret Stiel yn also ye Defrs servitor, deducing twentie shillings Scots quilk was also appointed to be given to Thomas King, yn also ye Defrs servitor, and quilk three half dollars, ye sd Annabella being present and seeing her get the samin frae ye sd Mr. Spense, and also hearing how ye samin was appointed be qm to be distribut in manner forsd, she, ye said Annabella, caused ye Complr to give her ye samin for she would divide yem herself. Item, twa shillings six pennies, borrowed and received be ye sd Annabella from ye Complr at dyvers tymes within ye forsd space." Of this summons, at the instance of Janet Gib against the minister of the Kirk of Kilbarchan and Annabella Hamilton, his spouse, the following is a copy : — " I, Janet Gib, daughter lawl to James Gib, at Ye Kirk of Kibarchan, and Servitor to John Gardner at ye Tounfoot yr, Ask and Claime Mr. Archibald Wilson, Minister at Ye Kirk of Kibarchan, Eight Marks Scots Money and pair of Shoon, or twentie shillings yrfor, as much plyding as would be ane pair hose, or Nyne shillings yrfor, & ane Apron of droggatt, or eight shillings yrfor, with ane peck of Meale, or eight shillings, as being half ane years fee & bounties promised be ye sd Mr. Archibald and Annabella Hamilton, his spouse, for ser- vices to be done & performed, tyme from Whitsunday last bypast, to Marts next yrafter, & also now last bypast, whilk Services I was most willing to have per- formed, and did enter yrto, and faithfully & honestly served ye said Defrs till near to sd term of Martinmas last bypast, att quilk tyme they did so abuse me, ye complr, that I could not longer endure to stay nor perform my service, by yr threatening me & bidding me go my way or get me gone furth of yr presens or about yr dwelling house, And by ye forsd Defrs yr calling of me, ye complr, ane pocked Glasgow whoor & rounden notorious thief, blackamoor whoor, and by yr using ye lyk speaches and many moe not worthy to be heard or rehearsed amang Christians behind my back to ye Neighbours in dyvors places and in sundry com- panies, by which unchristian usage I was constrained to depart my service at ye sd tyme, whereby I was damnified & much discredited, Wherfor they ought to make payt of the forsd fee and bounties. As also I, the sd Janet Gib, ask and claime ye sd Annabella Hamilton and her husband for his interest the just and equal half of the three half dollars, quilk were given of drink money by My Lord Glencairn, My Lord Ross, and the Laird of Greenock, to John Spense, factor to ye said Lord Ross, and qlk at yr dirrections he delivered to me, ye complr, Avhen ye sd Lords lay at Kilbarchan in ye Defrs house, about Candle- mas, 1685, and ordered me to give and deliver ye samen between Margt Stiel, yn also ye Defrs servitor, deducing twentie shillings Scots qlk was also appointed to be given to Thomas King, yn also ye Defrs servitor, and qlk three half Dollars ye sd Annabell being prest and seeing me get the samin from ye sd Mr. Spense, and also hearing how ye samin was appointed be qm to be distribut in manner LIQUORS IN COMMON USE. I4I foresd, she, ye sd Annabell, caused me to give her the samm for she would de- vyde yem herself. Item — Twa shillings six pennies borrowed and received be the sd Annabell frae me at dyvers tyme within ye forsd space. And, albeit, it be true yt I have oft & dyvers tymes desyred payment or satisfaction of ye sds Defrs, Yet they pospone and defer to do ye samin without they be compelled. Therfore they should be siunmoned in commune forma." Hiquots in (Kdmmon 5Ese, 1687. S illustrative of the Drink Traffic, we now publish two libels or claims raised before the Sheriff of Renfrewshire two centuries ago, at the instance of Paisley merchants, for the price of liquors supplied to the defenders. From the designation of the parties here prosecuted, and of others in a series of similar cases, and the smallness of the amount claimed in each case, we are led to believe that the defenders were of an hum- ble class, and that the drink, the price of which is pursued for, must have been ale. At that time considerable quantities of claret, sack or sherry, brandy, and " Holland spirits," were imported into Scot- land, but these were consumed by the middle and higher classes. The preparing and malting of barley and beer was, as we have previously shown, an important trade in Paisley ; and, indeed, the brewing of ale in every household, high and low, caused an im- mense demand for malt, which was supplied by the maltmen in quantities from a peck to several bolls, to suit the circumstances of their customers. The home-brewed ale was a wholesome, exhilarat- ing, and nutritious beverage, and with oat and barley meal, prepared in various ways, formed the principal food of the people. So very extensive was the maltster's trade in Paisley, and so large the quantity of malt supplied by the maltmen to the inhabitants of the county, that a great proportion of the civil causes in the Sheriff's Court were brought by maltmen for the price of malt. To such families as did not brew their own ale, a supply was provided by the merchants, and they, like the maltmen, were often obliged to have recourse to the Sheriff to recover its price ; and hence the cases we now publish, which may be taken as examples of this class of 142 JUDICIAL RECORDS OF RENFREWSHIRE. But although malt was thus universally used for brewing home- brewed ale, of which the consumpt, judging from the quantity of malt sold for this purpose, must have been very great, the general use of ale had Kttle of the blighting and demoralising effect on the manners and morals of the people produced in our day by the excessive use of ardent spirits by which this wholesome and nutritious home-brewed ale has been superseeded ; and even Bass and Allsop have failed to supply a substitute for the ale made and extensively used by our forefathers. It is true, and our extracts from the Judicial Records of the County show, that immorality and crime abounded in the seventeenth and the early part of the last cen- tury ; but these are not traceable to the drinking habits of the people, as crime, degradation, and misery are to the excessive use of ardent spirits at the present time. Our forefathers neither enjoyed the freedom we have, nor were they governed as we are ; political causes with them produced demoralisation, while in our time it is the fruit of pernicious and destructive drinking habits, ruinous to the victims of a degrading and disgusting vice as well as injurious to the national character. The following are the two claims or libels for " drink " referred to above : — " To the Earl of Eglinton, Sheriff-Principal of Renfrew. "James Paton, merchant in Paisley, ask and claime the persons after named " the debts and sums of money restand adebted and owand, in manner and for ' ' the causes afterwards shewn of ye sevl amounts as is after shown, viz : — ' ' John Robisone in Meiklerigs, the soume of eleven merks four shillings four " pennies Scots money, due him to me for meat and drink furnished be me to ' ' him about two years since or yrby, and qrof he promised me payment. ' ' Robert Sclaiter, yr, nyntein shillings money dew for drinke furnished be me " to him about ye tyme forsd. " John Wallace in Candren, eightien shillings money forsd, for drinke furnished ' ' be me to him, the tyme forsd. ' ' John Auchincloss, meason, twentie-two shilling money for drink furnished ' ' be me to him the tyme forsd. " Robert Stevenson, allias Whiselses, twenty-four shillings money for drinke, ' ' conform to ane fitted accomp, made betwein me and him about ye tyme forsd. ' ' And albeit it be of verety yt ye sd pursr personally hath oft and sevl tymes ' ' desayred and required ye sd defrs to make payment of soumes forsd dew be ' ' )rm and ilk ane of ym in manner above written, yett nevertheless ye wrongous- " lye forgo paying, and defer sua to doo without ye be compelled. There- " fore," &c. " lo November, 1687. — Actor pursr present. Defrs, all absent, holden as " confest and decemt." BRUTAL NIGHT ASSAULT. 1 43 To which, without explanation of the reason, another decree in the following terms is added in the same cause : — "15 March, 1692. — Execution produced this day agt the defrs to hear sentence, " who, being absent, are holden as confest and decerned. "J. Crawford, Sheriff-Depute." We will not exhaust the patience of our readers, and, therefore, will only add one other specimen of these claims for drink, brought before the Sheriff in 1687 : — " I, John Kerr, , in Paisley, ask and claim the persons after- ' ' named ye debts and soumes of money underwritten, owand be ym to me, in ' ' manner and for the raisons after specified, ilk ane of ym for their own pairts, " as is after stated, vizi : — " Alexander Brown in Townhead, of the soume of thretie shillings Scots ' ' money due qm to me for drink furnished be me to qm about two years since or " yrby. " Item Robert Stewart, in Sydemilne, of twenty-seaven shillings for drink ' ' furnished ye tyme forsd. " Item Loudie Lochead, in Road of Syde, of twentie-four shillings money ' ' forsd, for drink furnished be me to qm in about ane year or yrby. ' ' And John Lochead, in Caplay, of two merks Scots and ane forth, pairtly of " borrowed money and pairtly for drink, all furnished be me to qm within these " three years bygone or yrby, and qurof he promised payment within the said ' ' three yeirs. And albeit it be of verity, " &c. " And therfore, " &c. It may be noticed that these prosecutions, and others by Baillie Pasley, merchant in Paisley, against several hundreds of his " debi- tors," for articles furnished for their personal or family use, were raised at a time (1687) when the country was, from misgovernment, in a paralysed state and on the eve of a revolution, and when the inhabitants were poverty-stricken, and traders forced to seek the aid of the law for the recovery of their debts — and of this poverty no better evidence could be given than such prosecutions. Brutal Niel)t Assault, 1687. HE numerous prosecutions which we find in the Judicial Records of the County, mark out Renfrewshire as having been, during the period our investigations embrace, somewhat notorious for lawlessness and a proneness to the use of personal violence. Among the cases that occurred dur- 144 JUDICIAL RECORDS OF RENFREWSHIRE. ing that time, the history of one is now given, in which some of the brutal features that marked most of the personal attacks and violence then so frequent, are described in a very quaint criminal libel, to which it gave occasion. It appears from this document that about the 29th December, 1686, James Miller, servant to John Hamilton in Giifnock, in Eastwood Parish, when " coming home from Glas- " gow in ane peaceable manner, and fearing nae harm and oppres- " sion done to him, John Hart at Eastwood Kirk, and Charles " Dunlope in Shaws, having shaken off all fear of or dread or regard " to His Majesty's Laws did, in ane hostile and felonious manner, " under cloud of night, without any ground or provocation, fall upon " the person of him the said James Miller, and particularly the said " John Hart did with ane meikle baton in his hand, strike ye sd " James Miller five or six times on the head and shoulders, and he " having made his escape for the time, true it is also that ye said " John Hart rode away before him to the house of ane Patrick Park " in Shaws, and there lay in ambush for him till he came to that " place, and there finding him, the said John Hart did light off his " horse, and he ye said Charles Dunlope pulled down the said " James Miller off his horse by the hair of his head backwardly, by " the which fall he was almost cruelly slain, thereafter drew him " into the house like a dog, and fell upon him and gave him many " hard and black strokes and bruises with his hands and feet and " the baton that was in his hand, so that if it had not been the pro- " vidence of God and help of good neighbours, he had deprived " him of his life." For this brutal assault Miller and the Fiscal craved that the Sheriff would fine and amerciate each of Hart and Dunlope in the sum of one hundred pounds Scots to the Fiscal, and the hke sum in name of damages to the private Pursuer, and to find caution to keep him harmless and skaithless in time to come, " in terror of others to do ye like." COPY LIBEL. "The Earl of Eglinton, &c. Forasmeikle as it is humblie meant and com- plained to us and our Deputes, be James Miller, servitor to John Hamilton in Giffnock, and our Pror Fiscall of Court for his interest upon and against John Hart at Eastwook Kirk, and Charles Dunlope at Shaws, That qr Invading, troubling, molesting, and assassinating of His Maties free Leidges be ane cryme severely punishable be His Maties Laws, True it is that upon Wednesday, the twenty nynth day of December last, the said Pursuer, James Miller, being com- ing home from Glasgow in ane peaceable maner, and fearing nae harm nor BRUTAL NIGHT ASSAULT. 14S oppression to have been done to him, That ye sd Defenders, having shaken off all fear of God and dread or regaird to His Maties sd Lawes, did in ane hostile and felonious maner, under cloud of night, without any ground or provocation, fall upon the person of ye sd James Miller, and particularly the sd John Hart did vyith ane meikle battoun in his hand strike the sd Pursuer fyve or six times upon ye head and shoulders, and the Pursuer having made his escape for the tyme, True it is also that ye sd John Hart rode away before him to ye hous of ane Patrick Park in Shaws, and there lay in ambush for the Pursuer till he came to that place, and, upon finding the Pursuer, the sd John Hart did light off his horse, and he and ye sd Charles Dunlope pulled down the Pursuer off his horse be the hair of his head backwardlie, by the which fall he was almost ci-uelly slain, and thereafter drew him into the hous lyke ane dogg, and fell upon him and gave him black and blae strokes and bruises with his hands and feet and the battoun yt was in his hand, so yt if it had not been the providence of God, and help of good neighbours, they had deprived him of his lyfe, and Therefore they ought and should be decerned to pay to the Pror Fiscall ye sume of One Hundred pounds each in name of fyne, and the lyke sume to the Pursuer, the partie damnified of assyllment, and to keep ye said Pursuer harmless in his body and goods in all tyme coming in terror of others to do the lyke. Therefor to summon in common form, &c. " Such was the Hbel raised by James Miller and the Fiscal against John Hart and Charles Dunlope, charging them with what appears to have been a very aggravated and brutal assault on Miller ; but there is often two ways of telling a story, and, in this instance. Hart gave a very different version of the affray in a criminal libel which he, with the concurrence of the Fiscal, raised against Miller, and which may be taken as the answer of Hart and Dunlope to Miller's charges against them, and of which a copy is appended : — COPY LIBEL — HART AND FISCAL V. MILLER. " Unto your Lop humblie meaneis and complains John Hart, at Eastwood Kirk, and the Pror Fiskall of Court, for his interest upon and against James Miller, servitour to John Hamiltoune in Giffnocke, That qr be the lawes of nature and ye lawes and Acts of Parliat of thys Kingdome, beating, bruising, wounding of anie person or yr horse with sword arms ; and ye reviling, defaming, and away takine of ane person's good name, be crimes of ane hie nature and seveirlie punishable, yet trew it is and of veritie that upon the twenty-ninth day of Decem- ber last, ye sd James Miller did fall upon the person of ye sd John Hart, and did beat, bruise, and wound him with ane dagarr hid under his coat, and severely wounded his horse, and reviled ye sd John Hart by calling him rogue and rascal and villane, therefor he has committed ane horrid crime, and suld be seveirlie punished in his persone." The Sheriff found both libels relevant, and allowed the parties probation thereof, and allowed oath of calumny ; but how Sheriff Hume disposed of the several cases does not appear on any part of 146 JUDICIAL RECORDS OF RENFREWSHIRE. the record of either case, and it is therefore possible that where there was such an amount of alleged violence on each side, the matter would be made up in such a way as to satisfy the Fiscal, who, in reality, was the only person materially interested in the issue, as from one or other of the parties — or it might be all of them, for such an irregular practice was not uncommon — he would, if a conviction was obtained, be allowed a heavy fine '■^for his interest and ye terror of others." lietention of ^tragetr GTattle, 1687. ROM the appended document it will be seen that in the seventeenth century, " by the laws, statutes, and " Acts of ParUament of this Kingdom, it was statuted " and ordained that whatever person shall find or appre- " hend any waif goods, that he shall forthwith declare to the Sheriif " of the Sheriffdom, wherein the same is found, or other judge com- " petent, and make the same known to him, to the effect the same " may be published and proclaimed in manner contained in ye said " Acts," and faiUng thereof, should be liable in punishment as thereby provided. The statute law of the time was thus in accord with the common law in our own time, which holds that a party finding, and not mak- ing known and giving up to the authorities, any lost article, is held to be guilty of the theft thereof. This law seems to have been very necessary two centuries ago, when the rule of meum and tuiim was not well understood, or at least not very strictly practised, and when it was by no means unusual for cattle to be discovered in the pos- session of parties not their owners, who, nevertheless, maintained the right to them, and were often able to set the real owner as well as the law at defiance. It is in no way a matter of wonder that this should have happened, as nearly the whole lands of the county were then unenclosed, and consequently there was no obstacle to prevent cattle from straying from their owner's lands into neighbour- ing lands or farms ; thus giving rise, as might have been expected, to many feuds and quarrels between the occupiers of adjoining RETENTION OF STRAYED CATTLE. 1 47 farms, and even to threats or use of violence to parties claiming the strayed cattle. Of this propensity to appropriate in the first place, and resist even to violence in the second, the case now quoted affords an unquestionable example. In the month of April, 1687, James Stewart, one of the officers of the Sheriff Court of Renfrewshire, when in the performance of his duty, found a waif sheep among the flock of John Thomson, in Northhead of Langside, and " did challenge him for keeping up and not making the same known publicly," whereupon Thomson declared the sheep to be his own. But Stewart, being an acute officer, pointed out that the mark upon the strayed sheep was different from the mark upon Thomson's flock, and therefore de- clared he would summon him before the Sheriff for delivery of the sheep ; upon which Thomson " admitted that the sheep was not his, " but promised to suffer the same to feed amongst his own till such " time as Stewart should require delivery of it." In May following, Stewart having proceeded to Thomson's residence to summon him to appear before the Sheriff for a debt, his wife Agnes Walkinshaw, thinking he was about to summon her husband for the said sheep, " fell upon Stewart, and threatened to burn his house, and used " towards him many such opprobrious speeches," and ended by accusing him of having himself stolen the sheep. For which misdeeds of Thomson and his wife, Agnes Walkinshaw, the Procurator-Fiscal and Stewart raised a criminal libel against them, setting forth that "whatever person shall find or appre- " hend waif goods, he shall forthwith declare thereof to the " Sheriff, and faiHng to do so, should be punished in terms of the " statute," and thereafter narrating their offence, as above stated, and craving that Thomson and his wife should be fined, and also ordained to make payment to the complainers of the sum of fifty pounds Scots of assythment. The object of pubhshing this libel, and the proceedings in other criminal cases in the Sheriff Court of the county, is to show the law- lessness and proneness to threats and use of violence which pre- vailed two centuries ago, and, as has been before remarked, we have been surprised to find the very large number of such cases. No doubt, many of the crimes and offences charged, although generally stated by the Fiscal in such legal jargon as to give them the appear- ance of being more important than they really were, had been raised by the Fiscal " for his own interest," rather than in vindica- 148 JUDICIAL RECORDS OF RENFREWSHIRE. tion of the laws, and this was an almost necessary consequence of there being no legal provision otherwise made for the payment of the Procurator-Fiscal of the courts of the Sheriff and Barons. The fines were, in most cases, unjustly proportioned to the offences, the penalty in any case being never less than ten pounds Scots, and sometimes as high as ;^2oo or ^300 Scots, — large sums, when the value of money then is taken into account ; and the aggregate amount of the fines and assythments being large, made good pro- vision for the Fiscal's services. The following is a copy of the criminal libel against John Thom- son and his wife, Agnes Walkinshaw : — " To the Earl of Eglinton, Sheriff- Principal of Renfrew, humbly means and shows your Lordship's Pror Fiskall, and James Stewart, ane of your Lordship's officers. That where be ye laws, statutes, and Acts of Parliat of the Kingdome, it is statuted and ordained that whatever person shall find or apprehend any waif goods, that he shall furthwith declare to ye Sheriff of ye Sheriffdome wherein the sayme is found, or oyr judge competent, and make ye sayme known to him, to ye effect ye sayme may be published and proclaimed in manner contained in ye statute ; yet trew it is and of veratie, that in Appryll last, I, ye said James Stewart, in proformtion of my deutie of ane officer, having found ane waif sheep of John Thomson in Northheid of Langsyd, did chalenge him for keeping up and not making ye sayme publict, qrupon he declared ye sheep to be his own ; but I finding ye sayme wanting ye mark wh his own sheep had, I declared I would sumond him before ye Sheriff for recovery yrof, upon wh ye sd Defender denyd ye sayme to be his, but promised to suffer the same to feid amongst his till such tyme as I should require ye same ; and in May thereafter, I having gone to sumon him before your Lop for ane debt, Agnes Walkinshaw, his spouse, fell upon me, ye sd James Stewart, thinking I had been about to seitt them for ye forsd sheep, and called me ane common thief, and that I had stolen ye same sheep myselfe, and thraitened to bume my house, using many such approbrius speeches, trior ye sd Defenders ought not onlie to be fined and amerciate for the forsd recite crimes, but als ye sd Agnes and her sd husband for his interest ought to pay to ye sd complr. ffiftie punds Scottes of assythment." Therefor, &c. &Wp Stealing, 1689. READINESS to appropriate, without much scruple, as opportunity offered, the cattle or produce of their neigh- bours was, as seen by the preceding article, by no means an uncommon characteristic of the rural population towards the end of the seventeenth century. Our researches SHEEP STEALING. 149 amongst the County Records have brought numerous prosecu- tions for these offences under our notice, and some we have brought under tlie notice of our readers. To these we now add a case of theft of kyne and sheep, which, so far, goes to show the extent to which thefts of this kind were carried, not- withstanding the severity of the laws, which mercilessly provided that every case of conviction should be followed by extreme penalties. The Judges in the Court of Justiciary, as shown by Pit- cairn, and the heritable Judges throughout the country, as we have been endeavouring to prove, were alike unmerciful in visiting cattle stealing with the penalty of death ; but poverty, and the lawless spirit that was so much a characteristic of the time, made the people dis- regard the laws even when thus administered. In the year 1698, numerous thefts of kyne and sheep had occurred in the neighbourhood of Cauldwalaw in Kilbarchan parish. In the words of the Procurator Fiscal, "numerous kyne and sheep were wanted," and suspicion of their having " been pickered and wrongously intromitted with" by Matthew Sproull and Thomas Barbour in Cauldwalaw, their houses were, in June of that year, searched, and " a pockful of sheep's bones, several sheep's skins, and nolt heads found therein." The Procurator Fiscal thereupon raised a criminal libel before Sheriff-Depute Sempill, in which he accused Sproull and Barbour of having " been in use these several years bygone, and found to be pickers and wrongous intromitters with other men's goods and gear, and several times suspected of such by their neighbours ; and particularly with- in a fortnight or thereby, there had been found a pockful of sheep's bones, sheep skins, and nolt heads wanted by the neighbourhood ; and the defenders being challenged therefor, they acknowledged the same, and confessed that they had stolen eight sheep by Beltane last by, and attour the kyne ; but, fearing they should be convicted and suffer punishment for the said crymes, they had taken them- selves to flight, thinking thereby to escape from justice, which being verified and proven, the said defenders, in case of their appearance, ought and should be exemplarly punished in their persons and goods ; and in case of their not appearing, they ought and should be declared fugitives for said crymes, and all their guids and other movables brought in and escheat to the Fiscal of Court." The Sheriff does not appear to have granted any warrant either to appre- hend or cite Sproull or Barbour to appear before him, but, on i sth 150 JUDICIAL RECORDS OF RENFREWSHIRE. June, three sheriff-officers went to their houses, and, finding them personally, summoned them to appear before Sheriff Sempill, within the Tolbooth of Paisley, on the following day, the i6th June, " to answer to the effect lybelled." These intromitters with other men's guids and gear, seem to have been quite alive to the consequences of appearing before the Sheriff, having already confessed their guilt within the Tolbooth, and therefore they prudently " took to the flight to evade justice," which in their case, in the event of convic- tion, might have been the expiation of their crime at the Gallow Green — the common place for the execution of capital punishments. Why the officers, having found these cattle stealers, did not appre- hend them, and thereby prevent their " evading justice," does not appear on the record, although they produced an execution of per- sonal citation of them. The Sheriff, on i6th June, proceeded to consider the libel; and the defenders " being in lawful tyme of day several tymes called, and they abiding absent," as might have been reasonably expected, the Fiscal craved that they should be fugitated, and their movables brought into him and escheated ; which was granted by the Sheriff accordingly. Their movables would not, in all probability, be of much value, and, to save their lives, the sacrifice of them would not be worthy of consideration. Why they were allowed to escape, however, is one of those mysterious revelations of the Criminal Records of the county that is not easily explainable. The following is a copy of the proceedings. " Complains Pror Fiscall of Court upon and against Matthew Sproul & Thomas Barber, in Cauldwalaw, yt wher the sds defenders have been in use thes severall years bygone, shown to be pickers & wrongus intramittars with other men's goods & geir, and several tymes suspect as such by yr nighbors, & particularly within this fortnight or yrby was found in yr houses ane pockfull of sheep bones with severall sheep skins and ane nolt head, all which war leatly wanted by the nighbourhood ; & when the sds defenders wer chalenged yrfor they acknowlaged the same, & confessed yt they had stoln eght sheep frae Bel- tane last by, and attour the kyne ; and yron the sds defenders, fearing they shouU be convict & sufer punishment for the sds crymes, they have taken them- selvs to the flight, c& swa thinks to escape justice ; which having been verified and proven, the sds defenders, in case of yr aperance, ought & shoul be ex- emplar pounished in yr person & guids ; & in case of yr not aperance, they ought and should be declared fugitives for their sd crymes, & all their guids and geir moveable may be brought in & escheit to the fiscall of Court according to Justice." SLANDER AND EVIL SPEAKING. 151 OFFICERS EXECUTION. " Upon the fiftin day of Jun, 1698 Years, I, John Crabe, Sheriff Officer, past & laulie siimond the within named Defenders, personalie apprehended, with copis to compir befor the Sheirfif Deput of Renfrewshir, in ane Court to be holdin in the tolbuth of Pasley tlie sixtin day of Jun instant, to answer at the instance of the Pror Fiscall of Court in manner and to the effect within lybellt — thus I did befor tliir witnessis, Francis Sloman, John Stewart, & John Crabe, Sheriff Officers. " J. Crabe, Owcer. "John Stewart, witnes. "F. S." sheriff's judgment. " 16 Jun, 1698. The Defrs, being several tymes caled in lawful tyme of day, abiding absent, purr craved they might be declared ut supra, and yr moveables inbrought to ye Fisk ; and the Judge granted and declared accordingly. " Ro : Sempill, Sheriff Dept." 1697. HERE is no better evidence of the lawless manners that prevailed two centuries ago than the malignant, slan- derous, and uncharitable way in which, with foul tongue, the people assailed one another. This looseness of speech was so universal as to give occasion to numerous prosecu- tions at the instance of the Procurator Fiscal of the Sheriffs' and Barons' Courts in Renfrewshire — these officials thus finding a pro- lific source of emolument in the severe fines imposed on the pos- sessors of slanderous tongues, from whose malignant attacks it was difficult then to protect the character of the lieges. As an illus- tration of the prevalence of this evil habit, we now quote a complaint for slander, instituted by the Procurator Fiscal of the Burgh of the Regality Court of Paisley, against Robert Taylziour, flesher in Kilbarchan, and Jean Houstoun, his spouse, which gives a fair specimen of the style of speech indulged in by those who, by their loose and malignant tongues, brought themselves within the meshes of the law and the tender mercies of the public prosecutor, in 1697. It is set forth in the complaint, "that where there is nothing 152 JUDICIAL RECORDS OF RENFREWSHIRE. " more precious than a man's good name and reputation, and the " away-taking thereof by reviling, slandering, backbiting, and scan- " dalizing the same be ane act not only contrary to the laws of " God, several Acts of Parliament, and daily practique of this " kingdom, but also causes the persons sae defamed incapable of " all human contact and society, and especially when formerly " under ane good name and honest conversation; Yet true it is and " of verity that the said defenders, having laid aside all fear of " God's Word and regard to His Majesty's said laws and Acts of " Parliament, did within this month or thereby express most odious " wordsand calumnious speeches against William Allussouns, older " and younger of Barns Croft, without any ground or provocation " for that effect, by calling them frequently and openly, in presence " of all neighbours and bystanders, notorious villains, cheats, and " rascals, andj~saying that they were mansworn and perjured " knaves and dyvors, and that no honest man ought to make " bargains or have ado with them, and imprecating vengeance upon " them, saying the devil be amongst them and take them, with " many other hideous expressions (to the dishonour of God) not " worthy the rehearsing after thought : Therefor the said defrs are " guilty of ane high and notorious cry me and slander, and ought " and should be severely punished in their persons and goods, for , " ane example to the town, and to others to doe the lyke in tyme " coming as effeirs." On the 19th March, 1697, to which diet the defenders were cited, the Bailie-Depute, Robert Sample, repelled their defences, and admitted the complaint to probation. Here the record ends, and we are left to conjecture what was the punishment inflicted by the Bailie for such a torrent of " abusive and slanderous epithets and " infractions of God's Word and to His dishonour, and disregard " of His Majesty's laws and the practique of the kingdom." We have already observed that at this stage of the procedure in many of the criminal prosecutions instituted before the Sheriff or Bailie of Regality the prosecution dropped, but for what reason no expla- nation is ever given, leaving it to be inferred that the offence has been condoned by judge and prosecutor. In some cases we find it stated in the minutes that the " defender comes under will," that is, admits the offence, and throws himself on the mercy of the Court, and yet no sentence is recorded. It may therefore have been the more prudent course for parties guilty of offences likely, from their SLANDER AND EVIL SPEAKING. I 53 serious nature, to be visited with the usual heavy penalties, to " come under the will " of the Fiscal or Judge, and thus avoid ex- posure in court, even if they did not also thereby save their pockets. From the fact that the fines did not then go into His Majesty's exchequer, but were pocketed by the officials and formed the only remuneration for their public services, it was perhaps thought of little importance, in times when judges were not free from corrup- tion or guiltless of gross oppression in their administration of the law, whether the lieges were mulcted with or without a recorded sentence. The following is a copy of the proceedings in the case of the Procurator Fiscal against Robert Taylzour and Jean Houstoun, his spouse : — - CRIMINAL LIBEL OR COMPLAINT. " Complains the Pror Fiscall of court upon and against Robert Taylzour, Flesher att Kilbarchan, and Jean Houstoun, spouse, That qr yr is notliing more precious than man's good name and reputation, And the away taking yr off By Revilling, slandering, backbyting, and scandalizing the same Be and are not only contrary to the Lawes of God, several Acts of Parliament, and daily prac- tique of this Kingdom, but also causes the persons sae defamed incapable of all human contact and society, And especially when formerly under ane good name and honest conversation : Yet true it is and of verity that the said de- fenders, having laid aside all fear of God's Word and regaird to His Maties saids Lawes and Acts of Parliament, did within this month or yrby express most odious words and calumnious speeches against William AUussouns, older and younger of Barns croft, without any ground or provocation for that effect, by calling them frequently and openly in presence of all neighbours and by- standers nortorious villans, cheats, and raskalls, and saying that they were man- sworn and perjured knaves and dyvors, and that no honest man ought to make bargands or have ado with them at all, by uttering hidous and terrible oathes against them and imprecating vengeance upon them, saying the devill be amongst them and take them, with many oyr hidous expressions (to the dis- honour of God) not worthy the rehearsing after thought : Therefor, the saids defers is guilty of ane high and notorious cryme and slander, and ought and .should be severely punished in their persons and goods for ane example to the ■ terrour of to others to doe the lyke in time coming as effeirs. " "19 March, 1 697. — The Judge repells the defences, and admits the complaint to probatione. "Ro: Sempill, Ball.-Dept." 154 JUDICIAL RECORDS OF RENFREWSHIRE. Irebailins Roberts at t^e population, 1698. HE actions raised by local merchants in the law courts for recovery of claims from their debtors a couple of centuries ago, is illustrative of the prevailing poverty of the time. The population of Paisley towards the end of the seven- teenth century did not much exceed 2000 ; and in the hands of its merchants lay the general trade of the County, they supplying from their shops or " Booths in ye Hie Street" almost every article then required for personal or domestic use. The number of these mer- chants was not large, the principal being Robert Pow, James Gillespie, Robert Pasley, and James Glassford, who each had held the office of Bailie of the Burgh, and taken a prominent part in its affairs. Besides general trading, the manufacture of malt was a consider- able business in the town,, and some of the merchants were also maltmen and dealers in grain and oatmeal. The consumpt of malt for brewing purposes was very great, as at that time every householder brewed his own ale, that being the universal beverage used at all meals, and a large trade in malting barley and bere was carried on by maltmen, who held a prominent position as traders in the town, and supplied the whole county with malt. In the absence of potatoes, oatmeal and barley-meal were extensively made use of in every household, and formed no inconsiderable part of the food of the people. Oats and lintseed were also extensively sold, although not in large quantities ; and the lint grown was spun into yarn by the females in every class of society, and was sold at the weekly markets and at the fairs held within the Burgh. The yarn was woven by weavers, who, although not numerous, were found in every town and village in the county, and were employed either by private customers or by the Paisley merchants, by whom home-made linen cloth was extensively dealt in, as was also coarse woollen cloth woven from wool carded and spun by females of all classes and ages, it being usual for them industriously to ply both the lint and wool " spinding wheels;" and which machines, it may be mentioned, invariably formed part of the furnishing of the rooms in the mansions of the owners of land as well as of the dwelnngs of the humbler classes. PREVAILING POVERTY OF THE POPULATION. 1 55 In the first series of Selections from the judicial Records of the Coimty, there has been published the prices, from 1680 to 1730, of the articles dealt in by Paisley merchants, as taken from their ac- counts; and, while showing the prices, our statements also give an idea of the nature and variety of the transactions, with the names of many of their numerous customers in every part of the county and in all classes of society. We have noted further, as the result of examination of many tradesmen's accounts of wholesale transactions, found among judicial proceedings, some of which have been published, that the merchants in Paisley had few dealings with those of Glasgow, and made all, or nearly all, their wholesale purchases from the merchants of Edin- burgh and Leith, into the port of the latter town foreign importa- tions and those from England being then almost exclusively made. Towards the end of the seventeenth century, the merchants of Paisley had evidently fallen on evil times, arising from a general stagnation of trade, commerce, and agriculture throughout Scotland, causing great and very general poverty. It is otherwise impossible to account for their unprecedented resort to the local courts of the county for recovery of their debts. It may best show to what an ex- tent this had become necessary to state that one of the Paisley mer- chants. Bailie Pasley, in the year 1686, raised a libel before the Sheriff, against no less than 149 of his debtors for the aggregate sum of;^io7i 8s. 4d. Scots, another in same year against 53 debtors for a total sum of ;^S98 19s. yd., another in the year 1687 against 82 of his debtors for the aggregate sum of ^449 9s. 6d. Scots, and a fourth in the year 1698 against 89 of his debtors for the aggregate sum of £S9° 2S. Scots, — in all, ;£2'jog 19s. 5d. Scots, against 373 debtors. In these cases, the debtors belonged to every class of the in- habitants, except large landowners, located in all districts of the county, and the furnishings made to them were generally articles for personal or domestic use. The accounts libelled on, however, tell us that of 373 debtors, 119 were summoned for the price of lint seed, furnished in small quantities, showing how universally lint was grown in the County. The average sum for which Bailie Pasley's debtors were summoned was ^7 ss. 3d. Scots, and, before the call- ing of the summons in court, 91 of the defenders paid to him to account ;^8 26 17s. Scots. Bailie Pasley, in addition to his other 156 JUDICIAL RECORDS OF RENFREWSHIRE. branches of business, dealt in wood and iron, there being accounts for " dealls " and iron among those pursued for. The legislation of the Scotch estates of Parhament, for thirty- years preceding the Revolution of 1688, produced few Acts for the encouragement of commerce, trade, or agriculture ; but the Statute Book abounds in laws imposing duties on imports and exports, calculated to restrict, if not destroy, these important interests. It is not, therefore, surprising to find, towards the end of the seventeenth and early in the eighteenth century, that a general condition of poverty existed over the whole of Scotland, from the paralyzation of trade and commerce, and that recourse to the law courts by the Paisley merchants had become necessary to recover what appear to have been extensive credits given by them.' But besides showing the poverty of their customers, these actions against nearly four hundred debtors of one merchant, give us an idea of the very extensive trade which he and the other traders in the town must then have been carrying on over the county. It will be remarked on perusal of the list of names of fifty of the debtors of Bailie Pasley taken from one of the libels, which is here- to appended, that they consisted of persons who, in ordinary times, it would not have been necessary to drag into court to. compel pay- ment of just debts incurred for furnishings for themselves and their families. While from the fact of so many of the inhabitants of Ren- frewshire being thus prosecuted, we may safely conclude that the impoverished condition of the country was such as a long period of misgovernment, and inattention by the Legislature to the passing of measures to promote the well-being of the people, was naturally cal- culated to produce, and from which many years had to elapse ere it finally recovered itself. The list of debtors may not interest general readers, but some of the names will be recognised as those of persons whose descendents are still in the places where we here find them two centuries ago. The following is a list of 50 of the defenders in one of the Hbels at Bailie Pasle/s instance "against his Debtors" in 1698. It would only exhaust patience, even had space permitted, were more names given, but it may be remarked that those omitted were generally of the same classes as those printed : — BAILIE PASLEY'S DEBTORS. William Love in Shiel of Castlesemple. Hugh Downie in Calderhaugh. PREVAILING POVERTY OF THE POPULATION. 157 James Orr in Renfrew. j James Henderson in Bourwalls of Cochrane. Agnes Houston, Servitor to Andrew How in Pennell. Robert Cochrane in Third part. James Barber in Plaintrees. William Barber in Craigrudden. John Steen of Bargarran. John Watt, Cordiner at Castlesemple. John Hazlit, Lawrie SproiiU in Barradgerrie. Robert Lochead, Tailor at Little Caldwell. Thomas Barr in Glanderstone-dyke. William Barr in Kirkton of Neilston. John Barr in Auchentiber. Hendre Gibson in HoUanbush. John Stevenson in Craig of Neilston. William Cunningham in Tovmhead of Raice. John Pattison in HaUhill. James AUason, son to Janet AUason, Widow, in Howwood. Janet Barthellemew, Widow in ShieUs. Robert Love, Eldest, Yr, James Lautey in Midtown of Castlesemple. William Ritchie in M'Donallie. John Lyle, Weaver in Hollow Barnaigh. John Orr, Carrier in Auchenhaine. Andrew Bryden in HoU of Lochwinnoch. Margaret Glen, Widow at Bumfoot. James Glen, Weaver in Linthills. James Orr, Younger in Langstillie. Robert Love in Kayme. Robert Kelso, at Lochwinnoch. William Muir in Kayme. William Bryden in Hill. Hew Wylie in Kayme. Margaret Speir in Gateside. James Craige, Carrier, Yr. Janet Seott in Commonside. Janet King, Widow in South Bar. John Storie in Bams. John Birkmyre in Town of Inchinnan. Thomas Whitehill in Sandielands, Robert Orr in Greenbrae. John Woodrow, Dryster in Houston. Helen Woodrow, Widow, Yr. Robert Speir, Cordiner, Yr. William King in Grafesrayes of Houston. David Leggat, Tailor in Auchenback. Robert Finlayson, Weaver in Park. 158 JUDICIAL RECORDS OF RENFREWSHIRE. domestic ^xprnHituxt, 1701. HERE is in the Record Room an old document endorsed " Ane account of Mr. William Stevenson, wryter, to M. Stevenson, merchant, 1701," amounting to ;£i4 Ss. Scots, for which an action was raised before the Sheriff. It consists of eighty-seven items, being articles furnished by the pursuer, who, like the other shopkeepers in Paisley of the time, were designated merchants ; and from their booths or shops in High Street, Wangattend, and Mercat Street, supplied the inhabi- tants of the town and surrounding districts with every article then required, either for personal or household use. Such an account, giving in detail the kind and cost of articles sold on credit to a family in Mr. Stevenson's position, is sufficiently curious and in- teresting to justify its being published. It evidently extends over a considerable period, although the dates of the various purchases are not given ; and it contains, among others for household use, articles of dress required by the members of the family. There are some features of the account that are particularly interesting, viewed in the light of what is required in our own time, such as the number, quality, and price of articles of dress. The quantity of thread indicates industry and economy, while the use of numerous other articles shows a remarkable amount of attention to cleanliness and consequent comfort. For dress, we find that Mr. Stevenson only required " ane ell and three quarters of gray cloath, at 34/ per ell;" his wife] " Five and three quarters chamlet, six ounces of whelbon," and certain small quantities of "stiffen;" and his son Alexander, a hat ; the cost of the whole being ^y 7s. Scots. The other items are thirty-five purchases of soap, twenty-two of starch, seven of thread, nine of " blue," and five of penny candles. There is one item which does not explain itself — "Jo ane night's keeping per agreement, los. Scots." A Beir glass is charged at 4s. Scots ; and there is an item, " For your pairt in ' Hairrings ' from the shoor, 2S. Scots;" and another, " Lent your sister, 14s. Scots." The posi- tion of Mr. Stevenson as a legal practitioner was respectable ; but his professional income may have been small, and requiring pinching economy in his family expenditure, and not less in his office, for which the whole supply of materials is " Ane quear of peper (quire of paper), sd. Scots." The absence of all luxuries from the account DOMESTIC EXPENDITURE. 159 will be remarked by our readers, but they know that in 1701 the use of wine, tea, coffee, and sugar, was confined to the upper or wealthy classes, those of ordinary estate having to content them- selves with home-brewed ale or something simpler. We miss from the account such articles as oatmeal, barley-meal, milk, cheese, butter, and salt, that to some extent must, with butcher meat, have been used by such a family as Stevenson's, but which possibly may have been supplied by other tradesmen. Still, admitting these excepted articles to have been supplied otherwise, we have in this account enough to prove that the cost of maintaining a family two hundred years ago was such as may well excite a feeling of envy in paterfamilias of our time, who are continually called upon by their families to unloose their purse-strings to meet the exigencies of an advanced civilisation, a more artificial mode of life, and the un- ceasing requirements of fashion, leading to extravagance, personal and household, and a corresponding expenditure not always conducive to comfort, while it sets all attempts to economise at defiance. The following is a copy of the account referred to : — ■ JVm, Stevenson, Writer, his account. Scots. Im Two ounce startch, and a placksworth of bleu, ;^oo 02 00 It Ane night keeping by agriment, 00 1000 It Two ounce soap andcandell, 00 01 00 It Ane ounce of tlireid, 00 01 03 It Half an ounce whyt threid, 0001 06 It Ane ounce of the forsaid threid, 00 03 00 It Ane ounce culord threid, 0001 08 It Ane hatt to you swn Alexander, oi 02 oo It Ane quarter pownd sop : It ane quarter pownd sop, oo 02 00 It Ane quarter powTid sop, 00 01 00 It Ane quear of peper, 00 05 00 It Two pownd sop, 00 08 00 It Ane candell, 00 00 It Ane ell and threi quarters gray cloath att 34sh. per ell, 02 19 00 It Ane ounce of threid : It ane quarter pownd sop, 00 02 oo It Ane quarter pownd sop : It half a pownd of sop, 00 03 00 It Half a pownd sop : It half a pownd sop, 000400 It Half a pownd sop and ane candell, 00 02 00 It Ane quarter pownd sop : It and ane half pownd worth bleu, 06 01 00 It Two ounce of startch : It half a pownd of sop, 00 03 00 It Ane quarter pownd of sop : It a halfpenny worth of bleu, 00 01 00 It Ane candell : It half ane ounce of threid, 00 01 02 It Ane ounce of threid, 0001 08 It Half a povrod of sop : It ane ounce of stiffen, 0002 lo It Threi quarters pownd sop : It ane candell, 00 03 04 l6o JUDICIAL RECORDS OF RENFREWSHIRE. Scots. It A plaks worth of bleu ; It Half a pownd of sop, ;^oo 02 04 It Four ounce of stiffen, and half an ounce of bleu, 00 04 04 It A quarter pownd of sop, and ane ounce of stiffen, 00 01 10 It Six ounce of whelbon at 2s. the ounce, 00 1200 It Two ounce of pulder to Hugh, 00 01 08 It Ane quarter pownd of sop : It ane quarter pownd sop, 00 02 00 It Half a pownd of sop : It half ane ounce of bleu, 00 03 00 It Threi ounce of stiffen : It ane candell, 00 02 04 It Half a pownd of sop : It two ounce stiffen, and ane quarter of ane ounce of bleu, 0003 10 It Ane quarter powaid sop : It ane quarter pownd of sop, 00 02 00 It Ane^quarter pownd of sop : It ane quarter pownd sop, 00 02 00 It Ane halfpeney worth of bleu : It ane ounce of stiffen, 00 01 02 It Ane quarter pownd of sop, 0001 00 It Ane quarter pownd of sop : It ane quarter pownd of sop, 00 02 00 It Threi ounce white sop, 00 02 06 It Half a pownd of sop, two ounce stiffen, and ane quarter ounce ofbleu, 00 03 10 It Five ells chamlet at 9s. per ell, 02 05 00 It Threi quarters of the forsaid chamlett, 00 06 00 It Half a pownd sop, 00 02 00 It Half a quarter gray cloth, 00 00 It Five quarters pownd of sop, 0005 00 It Threi quarters ounce bleu, and four ounce stiffen, 00 04 00 It A quarter pownd sop : It a quarter po\vnd sop, 00 02 00 13 05 00 It Lent your sisster, 00 14 00 It For your pairt in Hairrings 6oz from the shoor and dewydinge of it, 00 02 00 It Ane Beir glass, 00 04 00 the twenty-eight of Febraary, 1701. Received from William Stevenson, writer, payment of the above wryten account, and discharges him_thereof, and from all proceedings, as witness my hand, day and place forsaid. M. Stevenson. attemptftr IBamtning of a stream anir it^ itlesults, 1702. OWN to a time not far past, the use of steam-power was unknown in agricultural districts, and for grinding the produce of the soil, the ancient wind-mills or those driven by water-power were resorted to. A running stream was therefore of great value for grinding grain, as well as ATTEMPTED DAMMING OF A STREAM AND ITS RESULTS. l6l for irrigating meadow land, the use of cattle, and many other domestic purposes ; and the right to its use was jealously main- tained and all interference with it, except such as prescriptive right or use and wont sanctioned, keenly resisted. This conservative feeling gave occasion to many feuds and misunderstandings between neighbouring proprietors and tenants of land, and was productive of numerous civil law-suits and criminal prosecutions. Violence too as not unfrequently happened was resorted to, to protect, or occasionally to exercise, what parties considered to be their right, either by obstructing the stream by dams or by diverting the water from its ordinary course, for irrigation or other purposes. Of both classes of cases, civil and criminal, there are many among the Judicial Records of the Co«nty, and some of the civil cases were prosecuted for years, and were even handed down from father to son, a species of family legacy by no means un- common in some parts of Renfrewshire, where there was a general proneness to legal strife. It would perhaps be wrong to say that the lairds and tenants in the eastern district of the county were more htigious than those in other parts ; but many persons are still alive who recollect that so much was legal assistance desiderated by them, so late even as the early years of the present century, that some legal professional men from Paisley regularly attended in certain pubHc-houses in the Trongate of Glasgow on Wednesdays for convenience of consultation. Keen and pertinacious was the litigation regarding the rights of conterminous proprietors and tenants in streams flowing through their lands, and the contention was often prolonged for years at great expense, the old dilatory forms of process allowing an ingenious agent to continue the litigation al- most ad infinihcm; indeed, one case we personally remember, raised four years before the expiry of a lease, for an alleged illegal use of the water, was kept alive till the end of the lease, to the serious injury of the conterminous tenant. In the year 1702, Andrew Syme, porrioner in Newton of Meams, and Arthur Herbertson, in Newton Foot, were conterminous pro- prietors, having a stream flowing through their respective lands ; and it may not be uninteresting to remark that the Herbert- sons, an old and highly respectable family, still own and occupy the same lands. Mr. Herbertson having attempted to form a dam in the stream which would have led the water away from Mr. Syme's lands, the latter interfered, and challenged his neighbour's right and l62 JUDICIAL RECORDS OF RENFREWSHIRE. desired him to desist, when he was attacked by Mr. Herbertson, who, with the tool he was using for making the dam, struck Syme on the head, and cut and wounded him to the great effusion of his blood. For this assault, the Procurator Fiscal and Syme raised a criminal libel, at their instance, against Herbertson, and craved that he should be punished by being fined or unlawed in the sum of ^loo Scots. This libel and the Sherifi^'s judgment we append to our present notes. The defender failed to appear to justify his conduct, and in absence was fined in ;^So Scots "to ye Fisk." Syme did not profit by the prosecution ; and, as regards him and his neighbour, the only result of it would be a perpetuation of the feud between them, leading, in all probability, to further contention as to their respective rights in the stream, and possibly to further profit to " ye Fisk." The following is a copy of the criminal libel, the Pror. Fiscal and Andrew Syme against Arthur Herbertson, with Sheriff-Substi- tute Charles Simpson's judgment : — " To the Earl of Eglinton, Hereditary Sheriff-Principal of Renfrew, and Principal Bailie of ye Regalitie of Paisley. " Complains the Pror Fiscall of Court for his interest, and Andrew Syme, Portioner of Newton in Meams, upon and against Arthour Herbertsoun in To-mifoot yrof, That qr upon ye nynteen of this instant, ye said Arthour having darned ye water, and his sending the samen over my land to his own lands lying foresaid : That I ye sd Andrew Syme cam to him quill he was doing ye samen, and desired of him how could he doe ye samen without my leave, and he answered he would do it whether I would or not, and endeavouring to stop him, he, without any furder word or provocation, did take up his tool he had in his hand making ye said dam for water, and did strik above me head and yrwith stroke me down to ye ground, and did cut me over the head to ye effusion of my blood in great quantitie : Therefor craves he may be fyned and unlawed in ye soume of Ane Hundred Pounds to ye Pror Fiscal. " " 22 Sept., 1702. — The Defr being absent, several tymes called and not answering, or any for him, the Judge Decerns and unlaws him in Fiftie pounds Scots to the Fisk. "Charles Simpsone, Sub." mi STrabelling in ^totUrCa in 1703- ISTORIANS unite in describing the roads in Scotland two centuries ago to have been so wretchedly bad as to make travelling difficult, and even dangerous. They were generally mere horse tracts, formed over rising TRAVELLING IN SCOTLAND IN 1703. 163 ground, without regard to gradients, in order to avoid the marshy and undrained plains, and unfit to be used for carriages of any des- cription, and causing horseback to be the ahnost exckisive mode in which they could be travelled upon. Individuals or families going any distance, were forced to ride with such a retinue of attendants as their station or circumstances required, their baggage being swung across the horses' backs. It was usual for landowners and their families to visit the Metropolis ; and we find that, for such a journey, six or eight horses were often required for themselves, their servants, and their baggage. A merchant in extensive trade went to the English manufacturing town or to London on horseback to make his purchases ; and a manufacturer travelled over the country mounted and often attended by an assistant, the one or other leading an additional horse, each horse being loaded with samples of the goods for sale ; and he, with other traders who travelled on foot, being universally known as packmen. The farmer carried his farm produce to market or to the miln on led horses ; and, indeed, in those days, everyone having occasion to leave home, either on pleasure or business, required to own or hire a horse, by which means, in the absence of public conveyance, they could alone move. The expense incurred by a family of position was thus great if they left home ; and among the County Records are some large accounts for horse hire, and for the wages of the retainers required on such occasions, one of which is appended to our present notes. It is an account incurred by the Walkinshaws of Walkinshaw, one of the old and influential families of the county, to John Glen, of date 1703. The family then resided in Bishopton House, the same old mansion house in Erskine Parish still overlooking the Clyde, and now belonging to Lord Blant3T:e ; and having occasion, as appears from this account, very frequently to visit Edinburgh and other places, with considerable additions to their ordinary retinue of servants and horses, had recourse to Glen, who supplied them with attendants to take charge of their horses and discharge other duties. When they visited Edinburgh and elsewhere, they seem to have taken a considerable retinue with them, as we find the men supplied by Glen taking charge sometimes of five, and even as many as eight horses ; and one man, " Jeamy Mathie," was charged for by Glen as having been so employed upwards of twenty times on as many journeys. " Jeamy's" wages were extremely reasonable, being only four shillings Scots, or fourpence sterling per day ; but 164 JUDICIAL RECORDS OF RENFREWSHIRE. Others, such as the "Governor's man" and "Robert Lang," received eight shiUings Scots; and "Jeamy and Mrs. Ayking," when employed together — the latter in attendance, no doubt, on the ladies of the family — had six shillings Scots. But the account, besides letting us know the wages of men and women so employed, is chiefly interesting as showing how very frequently the Walkin- shaw family, when requiring to travel, had to supplement their own retinue of servants by others, not only to assist in the transport of themselves and their needful equipment, but to take charge of the large number of horses which they used. The cost of thus travelling, in times when rent rolls were meagre, and money was so scarce and valuable as it was at the beginning of last century, must have been a formidable item in the household expenditure of county families, and would have the tendency to prevent them from undertak- ing any journey unless from necessity; and it must still more have had this effect with others less able to afford the expense. In our first volume, we have referred to this mode of travelling by Paisley tradesmen, and gave an instance of a Paisley merchant, so lately as the end of last century, travelling to London on horseback to make purchases, in consequence of the great cost of travelling otherwise. The following is a copy of John Glen's account against the Walkinshaws, to which we have referred : — COPY ACCOUNT. An account of what is owing to John Glen by the family of Byhoptoun, from the year 1703. Imprimij Jeamy Matthie back and forret with a hors to Columaha, ;^oo 04 00 It : more Jeamy Matthie back and forret with a hors, 00 04 00 It : Robert Lang back and forret with tuo horses, 00 08 00 It : Jeamy Matthie over to Columaha with 7 horses and back with J horses, 01 0400 It: more thrie horses back and forret to the goat milk, 00 12 00 It : more Robert Lang back and forret with a horse and a woman, ... 00 04 08 It : more Jeamy Matthie back and forret with a hors, . 00 04 00 It : more the garnery man back and forret with a hors, 00 04 08 It : more Jeamy Matthie back and forret to Columaha, 00 04 00 It : more Jeamy Matthie to Edinburgh with thrie horses, 00 06 00 It : more Robert Lang back and forret with four horses to Columaha, 00 16 00 It : more Jeamy Matthie back and forret to law with a hors, 00 04 00 It : more the garnery man over to the Laird of Law with a hors & back upon foot, 00 02 08 It : more Jeamy Matthie back and forret to Bavie with a hors, 00 02 00 It 1 more Hew Walker and the garnery man over to Law & back with 3 horses, 00 06 00 THE EDUCATIONAL CONDITION OF THE COUNTY. 165 It : more Jeamy Matthie over, and Mrs. Askin with tuo hors to Edinburgh, ;rfoo 29 00 1 1 : more Jeamy Matthie home with a hors, 00 02 00 It : more Jeamy Matthie over with tuo horses, 00 04 00 It : more Jeamy Matthie over to the Laird of Law upon foot, 00 00 16 It : more Jeamy Matthie back and forret with a hors, 00 04 00 It : more four carry over to the grass at Law, and tuo men back & forret, 00 06 08 It ; more Jeamy Matthie from Edinburgh with tuo horses, 00 04 00 It : more Jeamy Matthie over to Edinburgh with a hors, 00 02 00 It : more Jeamy Matthie home with tuo horses from Edinburgh, ... 00 04 00 It : Jeamy Matthie over going to Edinburgh with tuo horses, 00 04 00 It : more Jeamy Matthie and Mrs. Ayking over to Edinburgh with 3 horses, 00 06 00 It : more Jeamy Matthie home from Edinburgh for tuo horses, 00 04 00 It : more tuo men back and forret for four cous from Law, 00 06 08 It ; more Jeamy Matthie over with a hors from Edinburgh, 00 02 00 It : more Jeamy Matthie and Fforaney Frieeland to Edinburgh qt 5 horses, , 00 1000 It: more the Lady home from Edinburgh with 8 horses, 00 16 08 It : more six Lodning of coals from the ferrie dyke to bylioptoun at ten groats per Lodning, 12 00 00 lbs: Sh: Ds. Summa, 2i 09 04 Received from Jeamy Matthie a load of meel, which I am owing. ^fft IBJiucatlonal OTotttrition of tfte OTountB, 1688- 1750. T would be interesting to know the state of education in Renfrewshire in the fifty years to which our notes generally refer — 1680 to 1750 — its nature and extent, and the terms on wliich it could be procured, and its results. But regarding these the Judicial Records of the County are almost entirely silent. They, however, let us know that com- paratively few persons brought into Court, either as parties or witnesses, could write their names. The amount of education, or the number of educated persons, must therefore have been small indeed. The criminal records, on the other hand, exhibit a con- siderable amount of crime, chiefly assaults attended with violence 1 66 JUDICIAL RECORDS OF RENFREWSHIRE. and bloodshed, and petty offences such as brawHng, fighting, and breaches of the peace, all showing a disregard for order or obser- vance of the laws, from which it may reasonably be inferred that education was very much neglected. Going further back a century, we find from Dr. Cunningham's " History of the Church of Scotland," which we have occasionally quoted on ecclesiastical subjects, that in 1616 the Scotch Privy Council put forth its autho- rity to confer on the country the blessings of education by declar- ing in an Act of Council that in every parish, where convenient means could be had for establishing a school, one should be estab- lished and a fit person appointed to teach in the same, at the ex- pense of the parishioners and at the sight of the bishops. Ten years afterwards, in consequence of a royal proclamation then issued, reports were made (which are preserved and published by the Maitland Club) by " ministers, aided by two or three intelligent parishioners in each parish," on the condition of education, which showed a great many parishes to have no schools, and, from these reports, a very dark picture is drawn by the historian of the state of education at that period, although he admits that there existed Grammar Schools in the principal towns, affording education to the upper classes. The Parliament of 1633 ratified the Act of the Privy Council of 16 16, and, the clergy following it up, schools began to be built and endowed, and the people to grow, but at a very measured pace, in intelligence ; and it was not till after the Revolution in 1688 that the proprietors or heritors were compelled to furnish the means of education in every parish. But long before this time, in 1576 — as we are informed by Robert Brown, Esq., late Provost of Paisley, in his " History of the Paisley Grammar School " — King James the Sixth, then only ten years of age, or rather those who managed State affairs for him, were, through the influence of the Rev. Patrick Adam, the first minister of the Abbey, induced to grant a royal charter, erecting the Paisley Grammar School, with an endowment from the lapsed riches of the Abbey of Paisley. This school, which has long flourished, and is now one of the most important educational institutions in Paisley — its buildings having recently, through the exertions of Mr. Brown, been greatly extended — was originally founded " for the support of " a master or teacher to instruct and educate the boys and youth of " the Burgh and of the country adjacent." At the time of its foundation, the population of Paisley could not have exceeded 1000, THE EDUCATIONAL CONDITION OF THE COUNTY. 167 for even in 1695, more than a century afterwards, it only amounted to 2200. The school, therefore, made good provision for the educational wants of so small a population. Like other parishes. Paisley came under the provisions of the Act of 1633, and from that time has had the advantages of the parochial system, to which in times past Scotland has owed so much of its educational superi- ority over other parts of Great Britain. From 1688 to 1730, the period of which we are now treating, the greater part of the people of Scotland were not in a condition to take advantage of any sys- tem of education. The country had long been suffering from misgovernment and persecution, and neglect of its agricultural, commercial, and manufacturing interests, and all classes were im- poverished. Only in the third and fourth decades of the last cen- tury did prosperity dawn on Scotland, and the people begin to feel the benefits of the Unioij in an increase of traffic and intercourse with England, whereby her agricultural, commercial, and manufac- turing interests obtained a vitality which has ever since been grow- ing and extending. It is not therefore surprising that we have not found in the Judicial Records evidence of progress in education over the county, notwithstanding of the parochial system being in operation. On the contrary, the lack of ability in parties and wit- nesses in civil and criminal causes to sign their names, and the amount of crime, rather goes to prove that from 1680 to 1730 the schoolmaster was not in such a state of useful activity as now, when education occupies, so much of the public attention, and is so generally diffused by our national system. When we began these notes, we had laid aside as a text for the present number a case brought before the Sheriff of the County, at the instance of Mr. William Reid, schoolmaster in Kilbarchan, against James Love, flesher there, for " eight merks Scotts, being a " just and reasonable satisfaction for teaching, learning, and instruc- " ting of Janet, his daughter, for the space of two years preceding " ye institution of summons, being a mark, Scots money, quarterly," and for which Mr. Reid obtained decree. There are some other such cases, but the quotation of one is enough, its only importance or interest being that it shows the rate of school fees in 1703, in the parish school of Kilbarchan, for " teaching, learning, and in- structing " a tradesman's child. The fee was 4s. sd. sterling annu- ally ; and, supposing Mr. Reid to have had forty pupils, his yearly income from school fees would only be ;£8 6s. 8d. sterling, supple- l68 JUDICIAL RECORDS OF RENFREWSHIRE. merited, by a small salary from the heritors, with the use of a school- room and dwelling house. It is satisfactory to find that, although so indifferently remunerated for his work, he was courteously treated and respected as the parish schoolmaster, if not reasonably paid for discharging the most important duties of his office. The following is a copy of the summons, at Mr. Reid's instance, against James Love, and the Sheriff's judgment : — SUMMONS. " To the Earl of Eglinton, &c. " I, Mr. William Reid, schoolmaster of Kilbarchan, ask and claime fra James Love, Fleshour in Kilbarchan, ye soume of Eight Marks Scots money, as a just and reasonable satisffaction for teaching, learning, and instructing of Janet Love, his daughter, at school, for ye space of two years preceding indict- ment or summons, that being a Mark Scots money quarterly, and therefore he ought to make payment, or els to alledge a reasonable cause to ye contrar. " lo Feby, 1703. " Actor, Robt Fork. The Defender, this day eight days absent, is holden as confest, and sentence continued until this day, att vfhich tyme Decerned. "Ro: Sempill, " S. & Baillie Dept." 1705- F we are to learn the manners of the inhabitants of the villages in Renfrewshire, two centuries ago, from the Judicial Records of the County, we will find that honeyed words, mild tempers, and dislike of violence, were by no means their general characteristics. If, however, they were sour in speech and rude in manner, they tried to sweeten their domestic life by the cultivation of the bee ; and, by gathering the produce of its never-failing industry, sought to supply the place of butter, then dear and scarce, to eat with the oat and barley-meal bannocks, — these, with their favourite beverage, home-brewed ale, forming their chief food. In 1705, the population of Pollokshaws — one of these vil- lages — was small in number, and it had not then attained to the dignity of a Burgh, and could not boast of a Provost or Bailie ; nor had it become famous for the extent and variety of its manufactures, QUEER BEE CASE IN POLLOKSHAWS. I 69 or the intelligence or public spirit to which, in modern times, it has not altogether unjustly laid claim. From its earliest days in the eighteenth century, the village has been patronised and fostered by the House of PoUok, the feuars being their vassals ; but although without Magistrates, it had what they called "dignified men" in the persons of the successive deacons of the weavers, — nearly the whole working population being on the loom. The dignified deacons held Courts, imposed fines, and gave decisions in matters of dispute in the trade ; and they "had a town drummer and a town flag with the Maxwell arms emblazoned upon it ; and on certain days, particularly at their annual election, the " dignified men " went forth with the members of the Deacons' Court, with their drum beating and flag " flaunting in the breeze," in grand procession, to the great delecta- tion of the inhabitants, or, as they have been quaintly called, " the Queer Folk of the Shaws." In 1810, the town was erected into a Burgh of Barony, — Sir John Maxwell, Baronet, then of Pollok, being elected Provost, and John Monteith of Auldfield, brother to the late Henry Monteith of Carstairs, Bailie, by the unanimous vote of the four pound householders, the constituency given to the Burgh by its charter. The town of PoUokshaws had, therefore, long anticipated the household suffrage conferred on the Burghs of Scotland by the Reform Act of 1868. The Burgh, since it obtained its Charter of Erection, has been well governed, and the Town Council being annually elected, have fairly represented their constituents ; and it cannot be otherwise said of PoUokshaws than that, if it be a poor it is at least a pure Burgh, and it also can compare favourably in its poUce, sanitary condition, lighting, gas, and water, with others of larger population, larger dimensions, and greater pretensions. But, to our subject, which is "sweeter far" than many of our reminiscences of the Burgh. Like the folk of PoUokshaws, their streets have queer names ; and in " Bengal" — a quiet part of the viUage now famous for its being the site of the well-known PoUok- shaws Industrial School, founded by the late greatly respected and benevolent Laird of Pollok, Sir John Maxwell, and now known as the Sir John MaxweU School — there lived, in 1705, James Spiers, weaver yr. He was a cultivator of bees ; and in another street called "BoglehaU" he had for neighbours widow Martha Lock, Mat- thew King, yr., her son, and Margaret and Elizabeth King, her daughters. The widow was also a bee fancier, and had a number of skeps. One of them being empty, a swarm of bees from some I 70 JUDICIAL RECORDS OF RENFREWSHIRE. neighbouring hive took possession, and as, at the same time, a swarm had cast off from one of Spiers's skeps, he claimed them as his pro- perty, and the widow and her family being required to restore the bees, they refused. Bees seem to have been then of considerable value, the sum of twenty pounds Scots being demanded by Speirs as the price of the swarm. This being also refused, the bees and the competing owners sought redress in Court, and a criminal com- plaint, at the instance of Spiers and the Procurator Fiscal for his interest against Widow Lock and her son and her daughters, was brought before Sheriff-Depute Sempill. The libel narrating " That qr by the common custome and practical! law of this kingdom it is not lawful to keep empty bee skapes in their yeards, because the same is ane mean to appropriate oyr men's bees to yraselves, they naturally inclining to enter empty skapes. Likeas by the sd law swarms of bees properly pertaine to those that were possessors yrof wherever they be, or when flying away and pursued by the owners. Notwithstanding, it is of verity that, about Lambas last, I having ane skape of bees which, swarming in my absence and the swarm flying away, was pursued by my spouse until they came to the de- fenders' yeard, and yr entered into ane empty skape of the defen- ders or each of the defenders, and I and my said spouse coming in the tyme thereof and signifying that they pertained to me, the sds defrs and ilk ane of them were unwilling to delyver the samen to me, pretending that they were some of their own swarms, whereas it consisteth with ilk ane of their knowledges that they had non of their skapes casten that day ; and to evidence the same, the sds defr, Matthew King, desyred me to send to him ane empty skape and he should put ane swarm yrin and give to me, which he never would have done unless convinced that the sd swarm was mine, which they are the more convinced of that no other persone have challenged them as theirs or laid claime }T:to, nor are ther any oyrs about that keepeth bees ; and yrfor they, or each of you, ought to be decerned to make delyvery to me of the forsd swarm, with Four Pounds Scots of damnage and expenses yranent, or also to pay the sume of twenty pounds Scots as the worth of the samen and pro- ducts thereof, attour being fined at the Fiscal's instance." The following proceedings took place, as appears from the minutes : — 25th Nov., 1705, The Judge having considered the within written Complaint, Defences and FEUD BETWEEN THE TENANTS OF FARMS OF HENDERSTON. I 7 I Reply made yrto, sustains process att Spiers' instance, allowing oath of calumnie, and in the interim admits the samen to probation. R. Sempill, Sh Depute. 6 Dec, 1705. Matthew Lock, being solemnly sworn and interrogated anent the haill articles of the Lybell, Deponed negative, and this to be of verity, as he should answer to God. Martha Lock depones also negative ut alter. Elizabeth and Margt. King also deponed negative, and the hail assoilzied. Ro: Sempill, Sheriff Dep. It may interest those of our readers who have apiaries, to find that Sheriff Sempill held that the owner of a bee-skep from which a cast has swarmed is entitled to follow and claim the swarm wherever the bees have lighted and could be found, and also to know that nearly two centuries ago a swarm was valued at ^^20 Scots, or ;Q\ 13s. 4d. stg., a very considerable sum, taking into account the then value of money. But the pursuer in this case seems to have failed to identify the swarm, and therefore could not, as alleged in the summons, have with his spouse followed it until it got into the de- fenders' empty skep. The case is also curious from the phraseology of the hbel, and as proving that bees were at so remote a period cultivated for their produce, which, no doubt, would materially help to make the very coarse food of our forefathers somewhat more palatable. jf cutr ftcttoffti ti)e ^Tenants of Jf arms of i^enlrergton, 1707- i HE County Records bear abundant evidence to the fact that, in the eighteenth century, and especially in the earher of its decades, family feuds between neigh- bouring occupiers of lands were not uncommon, and were carried out with great vindictiveness, and often attended with bloodshed. That such a condition of things existed among a class removed by position above the lowest or labouring class, lets us see to what a miserable social condition the lower classes of the people of Scotland must have been reduced, and enables us to account for the proneness to violence and disregard for 172 JUDICIAL RECORDS OF RENFREWSHIRE. the laws which was so general, and brought so many into the local Criminal Courts to answer for assaults with brutal violence, and generally with bloodshed, and, in some instances, loss of hfe. Of these Criminal Prosecutions, we have an instance in the case we now notice. It arose out of what appears to have been a feeling of strong and rancorous hostility between the tenants of the adjoining farms of Henderston in Abbey Parish ; and from the nature of the violence used, seems to have cul- minated in a most brutal and outrageous assault by one of them on the son of his neighbour. In 1708, James Langmuir and James Mitchell were tenants of the adjoining farms of Henderston, and between them there seems to have existed anything but a friendly or neighbourly feeling ; on the contrary, their hatred of each other was such that it found vent in acts of serious violence, which brought their feuds under the cognisance of the Sheriff of the County, at the instance of the Pro- curator Fiscal. On the 26th day of December, 1707, from no other ap- parent reason than the existing feud of the two families, James Mitchell was accused by Alexander Langmuir of having attacked Allan Langmuir, his son, and pursued him into his father's bam, " and there dragged him to the ground, and, when lying there, did " beat him with a thrashing-flail, and trample upon him with his " feet, and bruise and injure him to such an extent as to render " him unable to rise from his bed and endangered his life." This was a very serious charge, but there being no witnesses to the assault, the Fiscal was forced to follow the customary practice of putting the accused party on oath, and thus attempting to make him prove his own guilt. In former numbers, reference has been made to some monstrous cases where this course was resorted to, and suc- cessfully, for securing convictions — in one case of poaching against twenty persons accused, but against whom there was no evidence except what was extorted from themselves on oath ; — but, in the present case, James Mitchell, when put on his oath, deponed nega- tive to the serious charge brought against him. The Sheriff therefore had no alternative but to find the libel not proven, and to assoilzie the accused ; still it is hardly conceivable that the Langmuirs could have invented the charge of assault, and that the young man assaulted should lie in bed simulating severe BRAWL AT PAISLEY FAIR. I 73 suffering from injuries in order to get Mitchell punished. It is much more likely that Mitchell, having the power of sternly denying the charge on oath, preferred to violate his conscience rather than come under Sheriff Maxwell's judgment, as, according to the Sherift's rule, he would have inflicted a punishment that would not only have been a terror to Mitchell, but to " all others, against the like crimes." COPY OF LIBEL. " Complains we, James Langmuir, in Hendevston, and Allan Langmuir, son to the sd James Langmuir, and tlie Pror Fiscall of Court, for his interest, upon and against James Mitchell, in Henderston : That whereby the laws of this kingdom the Battering, Blooding, and bruising of any of her majestie's Lieges are crimes of ane high nature and justly punishable ; notwithstanding whereof it is of verity, That the sd Defr, having shaken of all fear, dread, or regard to the sd laws, and in high and manifest contempt yrof, did, upon the twenty sixt day of Deer., 1707, or upon one or other of the days of the sd month, fall upon me, the' sd Alan Langmuir, and did pursue me to my father's Barn, and ther did ding me to the ground, and did thresh upon me with ane threshing flail, and did violently trample me under his foot, and did bruise all my Bowels, sua that ever sinse I have not been able to rise forth of my sd Bed, and am more likely to die by ye said bruises than to live : Therefore the said Defr ought not only to be punished in his person and goods, in terror of oyrs to do ye lyke in tyme com- ing, but also he ought and should be apprehended and secured until he find sufficient caution to underlye the law, in regard I am more likely to die than live. Likeas, the said Defr, being asked by the said James Langmuir what reason he had to strike and abuse his son, who answered that he only stroke him vrith a Flail." " Paisley, the 20th January, 1708. "Compeared the Defr, who, being solemnly sworn upon the first part of ye Lybal, Depones negative, and this is the truth, as he shall answer to God, and epones he cannot wryt. The Sheriff therefore absolves. "J. Maxwell, Sh. Dep." ISratol at ^aisleg dfair, 1716. HE case appended, and to which we now call the at- tention of our readers, is one of a series of prosecu- tions for brawling at fairs and markets, some of which have already been brought before them, each, so far as it goes, corroborating the fact that lawlessness and personal bickerings were characteristic of the general population in the be- 174 JUDICIAL RECORDS OF RENFREWSHIRE. ginning of the eighteenth century. From the complaint we learn that a fair was in 1716, as now, held at Paisley in the month of May ; and among others who had resorted to it were Alexander Alexander in Mossneuk, William Bartholomew in Eldersly, and William Bartholomew in Newton, and " being with some others in " the house of James Dennistoun, quarrier in Paisley, after many " words and threats fell a fighting and beating each oyr with staves " and battons, threw oyrs to the ground, dragged, dumped, and " dung oyrs with yr feet, fists, and oyrs upon their heads, breasts, " and oyr parts of their body, and after they came from the said " James Dennistoun's house, they yrafter, yt same night, fell to work " again and resumed the said scuffle and fight, and beat oyrs as " aforesaid, by which first and last the Defrs were each of ym " bruised and blooded to the great effusion yrof ; which crymes and " breaches of the peace being agravated from the time and place as " aforesaid, the said Defrs and each of ym ought to be fined in 50 " lbs each, to ye terror of oyrs." Such was the nature of this brawl, and, as described in the complaint, it differed little from others, although in most cases the injuries sustained were more serious, and in some alleged to be to the danger of life. For the " terror of the others" and his own interest, the Procurator Fiscal of Court presented a complaint against Alexander Alexander and the two Bartholomews, and they being cited to attend before Sheriff Sempill at Houston, on the 14th May, 17 16, they all appeared and denied the com- plaint, and the Sheriff admitted it to probation, the Fiscal condes- cending to prove per testes. At a future diet, of which, with consistent irregularity, no date is given, the defender Alexander ap- peared and purged contumacy by his presence. The other de- fenders, William Bartholomew in Elderslie and William Bartholo- mew in Newton, being absent, were fined in ten pounds each for their contumacy in faiUng to appear, and were ordained to be cited anew. This mode of inflicting two penalties was usually adopted. If a defender appeared, there was, of course, no contumacy and no consequent fine for that ; but if he failed to attend, he was first fined for his contumacy, and if he failed again to answer to a second citation, or if he appeared and admitted his guilt, or it was proved by his oath or otherwise, he was fined for the offence. The fine for contumacy or for guilt was never in any case less than ;£io Scots, and ranged from that sum to ;^5oo Scots, at the discretion of the Sheriff. CUSTOM-HOUSE OFFICER MOBBED BY WOMEN. I 75 The following is a copy of the proceedings in the case of the Fiscal against Alexander and the Bartholomews : — COMPLAINT. " Complains the pror ffiscall of Court upon and against Alexr Alexander in Mossnock, William Bartholomew in Eldersly, William Bartholomew in Nevv- toun : That where By the lawes of this and all oyr well governed nations, the Beating, Blooding, and abusing of any of his IVTatie's Leidges, and the fighting and buUoing with oyrs, whereby his Matie's peace is any wayes Brocken, especially at publick fairs, which are flFenced by authority. Be and are crymes of ane hy nature and severly punishable by law, notwithstanding qrof it is of verity yt at ane fair of Pasley, which was upon Wensday last, the said Defers with some oyrs being in the house of James Dennistoun, Quarior yr, after many manaces and threats ffell a flighting and beating oyrs with staves and battons, threw oyrs to the ground, draged, dumped, and dung oyrs with their feet, fists, and oyrs upon their heads, breasts, and oyr parts of their body, and after they came from the said James Denniston's liouse, they yrafter yt same night ffell to work again and renewed the said scufflle, and fight and beat oyrs as aforesaid ; By which first and last the Defers were each of ym bruised and blooded to the great effusion yrof, which crymes and breaches of the peace being agravated from the tyme and place as aforesaid, the said Defers and each of ym ought to be fined in 50 lbs each, to the terror of oyrs." PROCEDURE. "Houston, 14th May, 17 16. ' ' Actor Pr F : the defers present denyes the Complaint. The Judge admits the Complaint to probation. " SENTENCE. " The pror ffs condescends pr testes. Alexr Alexr present to purge con- tumacie. Wm. Bartholomew in Elderslie and Wm. Bartholomew in Newtoun being absent, are fyned in Ten pound of Contumacie each, and ordains them to be cited of new. "Ro: Sempill, Sheriff Dept. " in iPort^ffilaggoiM, i7i7- HE Records of the Sheriff Court of Renfrewshire re- veal to us the frequency of the attempts made through- out the eighteenth century, by fraud or violence, to avoid payment of custom duties on imported spirits. The inhabitants of the towns and villages along the West Coast, and in an especial manner the female inhabitants of Port-Glasgow 176 JUDICIAL RECORDS OF RENFREWSHIRE. were conspicuously active in their support of those who were guilty of such lawless conduct. In the case we now notice, there was the usual mob of women, who successfully obstructed the Custom-house officers, and actually carried off one of them, until the contraband cask of spirits was put beyond their reach. The contraband traffic was not confined to Port-Glasgow, but was followed from the Heads o'f Ayr to Glasgow ; and was carried on, even at the beginning of the present century, to such an extent, and gave occasion to so many conflicts between the smugglers and the revenue officers, that the lives of the latter were frequently endangered, and in one instance that we have noticed in a former number, one of them was murdered in an affray with the smugglers near Largs. On the 9th day of July, 1 7 1 7, Robert Cochran, land surveyor of His Majesty's customs at Port-Glasgow, having, with some other officers of the customs, made a seizure of several casks of brandy in the stable of William Stirrat, merchant in Newark, and duly taken possession of them as contraband goods in name and for behoof of His Majesty, a mob of women laid hold of Mr. Cochran and violently carried him off, and " a Breach having been made in the " wall of the Stable, one of the casks of brandy was taken out and " carried away on a carriage or barrow " by Stirrat and John Tay- lour, cooper in Port-Glasgow, or by others, with their assistance. In all such cases the populace, and especially females of low char- acter, made common cause with the smugglers, and in this instance the women actually seized and carried off Mr. Cochran, the leader of the Custom-house officers, and enabled the mob — who were instigated and assisted by Stirrat and Taylor — to effect the removal of one of the seized casks of brandy, in contravention of the revenue laws. For this offence, Mr. Cochran and Charles Simpson, Procurator Fiscal of Court, raised a complaint before the Sheriff against Stirrat and Taylor, who, on the 19th July, appeared "and purged them- selves of the contumacie of absence." And the complaint being found relevant, proof of it was allowed and at once led ; and the Sheriff, of same date, " found it proven that there was a cask of " liquor seized by Mr. Cochran in William Stirrat's stable the tyme " lybelled ; and found it also proven that there was a breach in " the wall of the stable wher it was supposed the cask was carried " out ; and finds it also proven that the Defenders, William Stewart " and John Taylour, did assist to carry away a cask of liquor from CUSTOM-HOUSE OFFICER MOBBED BY WOMEN. I 77 " ye yeard wher William Stirrat's stable is built, the same night, and " lodged the same in the house of Katharine Proudie ; and there- " fore fined and amerciated each of the sds William Stirrat and " John Taylour in ye soume of Twenty Pounds Scots." From the evidence recorded, the complaint was certainly not very clearly proven, and this may account for such a lenient sentence, — Sheriff Sempill not generally leaning to the side of mercy, for in cases, many of which we have noticed in former numbers, of much less importance (although not prosecuted under the revenue laws, in which the fines went to the Crown), he hesitated not to inflict very heavy and sometimes most oppressive fines. The following is a copy of the complaint and Sheriff's judg- ment : — " Complains Mr Robert Cochrane, Esqr., Land Surveyor of His Maties Customs at Port-Glasgow, and Charles Simpson, pror fiscall of the Sheriff Court of Renfrew, upon and against William Stirrat, merchant in Newark, and John Taylor, couper in Port-Glasgow, That where by the laws of this and all oyr well governed and civilised nations, the deforcing of any of his Maties officers whyle in the exercise of these office trusts and services in the excise parts of his Maties Customs committed to them, either on board any ship, upon water or upon land ; and whoever by themselves, or oyrs in their names, of their command, resett, holding out assistance, and Ratihabition, do any fact or deed, directly or indirectly, by secret contriveance or conniveance, wt any oyr person, tending to frustrat or disappoint his Matie and his officers of the Customs due to his Majesty, and of any seizure made by his Maties officers or officer off any unen- tered goods and liquor, Be and are crymes by law severely punishable, beside and attour reparation in the terms of the Lawes and Acts of Parliament made yranent : And it being of verity that the said Mr Robert Cochran having upon the nynth of July instant made ane seizure of certain Tobacco and some casks of Brandie or oyr spirits, wt some oyr of the custom house officers, in the Stable of the sd William Stirrat, and after the same was duly seized as unentered goods, and so possessed by them, true it is yt ane mob of women and oyrs carried off the said Mr Cochran from the said seizure and stable where it was, and yrupon the said William Stirrat and John Taylor, upon Mr. Cochran's being so forcibly carried away by the mobb, by themselves and others with them were seen carry- ing away the -sd tobacco and casks of liquor, upon carriages or barrows, out off and from the sd stable, and the said seizure was carried aAvay by their contrive- ance and assistance, and they are art and part yrof and were accessors yrto, which being proven they and each of ym ought be punished with the pains of Law, in terror of oyrs to do the lyke. " "Port-Glasgow, 19 July, 1717. ' ' Actor pr se, who instructs pursuers diligence. The defers present to purge contumacie, who deny the complaint. "The judge admitts the complaint to probation, with defence." Y lyS JUDICIAL RECORDS OF RENFREWSHIRE. "Pt. -Glasgow, 19 July, 171 7. ' ' Haveing considered the relevencie of the complaint with the probation adduced for proveing yrof : Finds it proven that ther was a Cask of liquor seased by Mr Cochran in Wm Stirrat's stable the tyme lybaUed, and finds it also proven that ther was a breatch in the wall of the stable, wher it was supposed the Cask was caryed out : And finds it also proven that the defendars William Stin-at and John Taylor did assist to carry away a Cask of liquor from the yeard wher Wm Stirrat's stable is built the same night, and lodge the same in the house of Kathrin Proudie : And therefor fynes and amerciats each of the sds Wm Stirrat and John Taylor in the soume of Twenty pound Scots. "Ro; Sempill, Sheriff-Dept." M^prei)ensitle Assaulting of a ©ancins M^bUx in ^ort=®lassotD, 1720. E learn from the annexed criminal proceedings, that in 1720 the inhabitants of Port-Glasgow — of whose bar- barous manners about that time we have published some striking examples in our Selections from the Judicial Records of Renfrewshire — had secured the services of Archibald Ferguson as a teacher of dancing, to instruct the youth of the Port in that civilising accomplishment ; and he, " having taken one room from James Cooper, merchant, was there keeping his Public School and exercising his Imploy," when George Ronald and Richard Ron- ald, boatmen, and Alexander Miller, cooper, came in upon him at the time of the pubhc dancing and gave him a specimen of the manners of the Port, by proceeding to fill the schoolroom with planks and timber, and, on his remonstrating, seizing him by his cravat, drawing the same to strangle him, and attacking him with batons concealed under their coats, and striking him with " ane great Battoun," and by this and other outrageous conduct causing such a row as to make it necessary to shut up the school, thus depriving the youth of Port-Glasgow of their tuition in "dancing and deportment," of which, and other civilising instruction, they stood so much in need. For this assault and violence the dancing- master sought redress from the Sheriff, and, with the concurrence of the Fiscal, raised a criminal libel against the Ronalds and Miller, setting forth that " the maltreating and disturbing of any free hedge, REPREHENSIBLE ASSAULTING OF A DANCING MASTER. I 79 more especially those in public station for instruction of youth, which is highly aggravated when done within their ordinair place of residence or school, as also the invading and beating of such with invasive weapons, are crymes by law severely punishable," and there- after narrating the manner in which this "highly aggravated and public offence, ryot, and deed of violence and oppression" was committed, craving that, " in terror of oyrs, ye defenders " should be punished in their persons and goods. The Sheriff found the libel relevant, and allowed the complainers a proof, and, on considering the evi- dence, found the libel clearly proven, and fined each of the defenders in the sum of one hundred pounds Scots, and granted warrant for their imprisonment until payments. These fines of £& 6s. 8d. sterling imposed on each of two boatmen and a cooper were, look- ing at the evidence led and taking the then value of money into consideration, very severe, and — the term of imprisonment failing payment being unlimited — the punishment was quite oppressive. The following are copies of the criminal libel and Sheriff's sentence : — " Complain? Mr. Archibald Ferguson, Dancing Master in Port-Glasgow, and the Pror fiscall of Court for his interest, upon and against George Ronald, boat- man in Port-Glasgow, Richard Ronald, his son there, and Alexander Miller, couper there, That where the moUesting and disturbing of any Free Leidge, more especially those in publick station for Instruction of Youth, which is highly Agravated when done within their ordinar place of Residence or schooU, as also the Invading and beating of such with Invasive weapons, are Crymes by Law severly punishable : Notwithstanding whereof, it is of verity that, upon Tuesday the Eight instant, or on any oyr the by past dayes of the sd moneth, the sd Complr haveing ane Room taken From James Couper, mert in Port-Glasgow, where he Keeped his publick SchooU and exercised his Imploy, and the said Archibald Ronald, disturbeing him by putting into and filling his room with planks and timber, which the Complr objecting, he upbradit him with threatning words, and thereafter he, the sd Richard and Alexr. Miller, came to the sd Room where the Complr was at the tyme, and attacqed him within the sd Room, where the sd Alexr. Miller griped him by the gravat and tore the same by straitning and drawing the same about his neck, yrby designing to strangle him, and yrafter a second tyme the said defrs that same day came in ane hostile man- ner, with Battons concealed under there coats, and Attackqd and Invadit the Complr within the sd Room at the tyme of their publick danceing, and upbraidit him with menaces and threats, calling him ane damned Villan and Rascall, come out and they would thrash him, with many oyr opprobrious speeches, such as highland son of a bitch, and the like, and endeavoured all they could to get hold of the Complr to execut there barborous design upon him, but being prevented, they all of ym (after the Complr had disipat his schooU by reason of the forsd Attacqe, and Informing the BaiUie of the town yrof) came, particularly the sd George l8o JUDICIAL RECORDS OF RENFREWSHIRE. Ronald, to the Baillies shop, and threatned the Complr and all in Company, to come out and he would give them work for it, and the Complr comeing to the street, the said Richard RoUand came with a great Batton and struck at Him, the sd AUexr. Miller standing by him for assistence. But were prevented of ffurder exercise by the sd batton being taken from ym. Whereby the sds defers have committed ane high and publick offence, Ryot, and deed of violence and oppression, and so ought to be punished in their persons and Goods in terror of oyrs, and to Repair the Complr as Law will. " "Paisley, i6 March, 1720. " Haveing considered the lybell, with the relivancie yrof and probatione ad- duced. Finds the lybell clearly proven, and Therfor fynes and amerciats each of the defrs in One hundreth pound Scots, And to find sufficient cautione to keep the peace. And Ordaines ther persones to be imprisoned till the same sentance be performed. "Ro: Sempill, Sherifif-Dept." MotoJisisini in ^ort=Slasgoto, 1720. S a corrollary to their merciless assault on the poor dancing master described in the preceding paper, we append an additional example or two of the rowdyism of the then inhabitants of "The Port," where great rudeness and barbarity, violence and bloodshed, with full ac- companiment of choice BilUngsgate, had unhmited sway, and the lower classes found excitement and amusement in deforcing the officers of the revenue, mobbing the Press Gang, and beating, bruising, and mutilating each other, and using such rhetorical phrases as are only heard in a seaport town or fish market. In March, 1720, Robert Murdoch, cordiner in Port-Glasgow, and the Procru-ator Fiscal of Court, for his interest, raised a criminal libel before the Sheriff against Robert Boag, cordiner in Port-Glasgow, and William Stirrat, merchant there, from which we learn that Boag, " by way of hamesucken, fell upon Mary Sharp, the complainer's spouse, within her own house, and the com- plainer, hearing her cries of murder, went into the house to rescue and protect her, being surprised at Boag's action, when Stirrat in ane furious manner attacked the complainer, and drew him furth of his house, down several pair of steps into the street ; and thereafter ROWDYISM IN PORT-GLASGOW. the complainer's wife, civilly enquiring at Stirrat the cause of his so doing, he said he would send the Bougar to Hell, and she should go and seek him there ; and, not satisfied with this, violently took possession of the yeard belonging to the complainer." For this outrageous conduct the complainer craved that the defenders should be punished in their persons and goods in time coming, and find caution to keep the complainer, Murdoch, skaithless in his person, goods, and possessions. In the same month of March, same year, James Duncan, cordiner in Port-Glasgow, " having attended a meeting of Quarter Sessions of the Peace, where he was relieved of his office of constable, and Alexander Rankine, smith in Port-Glasgow, elected to his place, he when coming home in a peaceable manner, was on the high and public road attacked by William Hutchson, carrier, Kilmalcolm, John Semple, yor, mert yre, William Bryden, constable there, and the said Alexander Rankine, smith in Port-Glasgow, who were all riding on horseback, and he upon foot, when the said William Hutchson called to the rest to hold his horse until he put Duncan to eternity ; and, having dismounted, fell upon him with ane great rung or batton, and beat him several times to the ground, cut his head with the batton to the effusion of his blood, and bruised him in several parts of his body, whereby he was so disabled that he had not wrought his ordinary work since nor yet is able to do. During WHICH TYME the Said John Semple and William Bryden stood bye and held the said William Hutchson's horse and never offered to relieve the complainer ; and the sd Alexr. Rankine connived yrat at a little more distance, so all of them thereby become liable as accessories, art and part, of the foresaid cryme." For this assault, Duncan and the Procurator Fiscal for his interest, brought Hutch- son, as principal, and Semple, Bryden, and Rankine, as accessories, before the Sheriff" by criminal libel ; and the defenders, having ap- peared before the Sheriff at a Court held at Port-Glasgow, on the 1 6th of March, and pleaded not guilty, proof of the libel, which was found relevant, was allowed ; and thereafter, on considering the libel and proof, the Sheriff found the libel clearly proven, and fined each of the four defenders in the sum of fifty pounds Scots, and ordained them to keep the peace, and to remain in prison till per- formance. The fine thus imposed on each of the four accused parties was ^50 Scots, or ^4 3s. 4d. sterhng, with imprisonment until payment, and until they found caution to keep the peace. JUDICIAL RECORDS OF RENFREWSHIRE. The sentence was probably made thus severe because Bryden was a constable, and Rankine, on the day of the assault, had also been elected a constable, and that they and Semple should have inter- fered to prevent, instead of assisting, Hutchson to assault Duncan. The following is a copy of the last above mentioned criminal libel and sentence of the Sheriff: — "Complains James Duncan, Cordiner in Port-Glasgow, and the pror fiscall of Court, for his interest. Upon and against William Hutchson, carrier in Kill- malcolm, John Semple, yor, mert yre, William Bryden, constable there, and Alexander Rankine, Smith in Port-Glasgow, That where By the Laws of this and all oyr Civelized nations the attacqeing of any of his maties free Leidges in his maties high way and publick Road, beating and abuseing off ym, are Crymes punishable, as also all Accessories, Aiders, and assisters of such offenders and offences, are also punishable as being art and part thereof in the same degree with the pmcUe actor. And it Being of Verity that Upon tuesday, the first of March instant, being ane Quarter Session of the Justices of peace within this Shyre, where the said James Duncan was Relieved of his Constableship : and the sd Alexr. Rankine elected in his Room and place. And the sd James Duncan Comeing home in ane peaceable manner, in the high and publick Road and way, was attacqued by the sds Hail defenders Ryding on horse back, and he upon foot, when the sd Wm Hutchson Called to the rest to hold his horse untill he put the sd Jas Duncan to eternity, who accordingly dismounted & fifell upon him with one great Rung or batton, and beat him several times to the gi'ound, Cutt him on the head with the sd Batton to the effusion of his blood, and bruised him in several oyef parts of his Body, whereby he is so disabled that heath not wrought his ordinary work since, nor yett is able to do. During which tyme, the sd John Semple and William Bryden stood By and held the sd Wm Hutch- son's horse, and never offered to Rescue the Complr, and the sd Alexr Rankine Connived yrwith at a Litle more distance, and so all of ym yrby become Lyable as Accessories, art and part, of the forsd Cryme, and therefore the sd pmcle of- fender and them ought to be punished in their persons, and fiyned in fifty pound Scots each, attour repairing the party injured, and paying his expenses as your Lop: shall modifie, and be ordained to Find caution to keep the peace and the Complr scathless in tyme comeing, " " Pt-Glasgow, l6 March, 1720. " Haveing considered the relevancie of the complaint, with the probatne ad- duced. Finds it clearly proven that the defr, Hutchson, attacqued the complr on the heigh way, and that Hutchson beat forsd. And that ther was blood seen upon the compli", and therefore Finds and Amerciates the defers in the Soume of Fifty pounds Scots, and find caution to Keep the peace. And to remaine in prisson till performance. "Ro: Sempill, Sheriff-dept." OUTFIT AND TOCHER OF A FARMER'S DAUGHTER. 1 83 1724. T the beginning of the eighteenth century, by the common law of Scotland, on the .dissolution of a marriage within a year and day, by the death of the wife, without issue of the marriage, the surviving husband was bound to restore, to the nearest of kin of the deceased, the paraphernaHa, tocher, and other personal estate brought with her at the marriage. In Scotland at that time, and long aftenvards, in every class of society, there was provided, in anticipation of the marriage of the members of the family, storey of blankets, linen sheets, and home- made woollen cloth, made from wool and flax spun by the females of the family ; and on occasion of the marriage of a daughter, these and a suitable tocher invariably went with her to the home of her husband. The Judicial Records afford curious information regard- ing this custom, in the causes brought before the Sheriff by the wife's nearest of kin, for restitution of her paraphernaHa, plenishing, and tocher, when the marriage was dissolved by her death within a year and day, without issue. Of several of these cases we have al- ready taken notice, but as they greatly vary, and all throw light on the marriage customs of Scotland in olden times, we report one more of them as the text of our present notes. In the year 1724, John Lindsay, tenant in Langach, courted and won for his bride Mary Cochran, daughter of Alexander Cochran, in Knaps ; and about the Lammas time they were married, and according to the custom in families such as that of the Cochrans, the never-failing large family chests which had been well plenished, were, on the occasion of Mary Cochran's marriage, unlocked, and from their stores and other sources she carried home with her on her marriage, to her new home an outfit stated to have been as follows, viz.: — " Her paraphernalia and body clothes, linens, and others, to the value of three hundred merks Scots. Three seeks, worth £4 los. Scots. Ane smoothing iron, worth half a crown. Ane dove, worth sixpence sterling. Three fouls, worth 15s. Scots. Two dozen of horn spoons, worth 6s. sterling. 184 JUDICIAL RECORDS OF RENFREWSHIRE. Eight stone of lint, worth ;^io Scots. Other goods and gear to the value of 100 merks Scots. And in Cash from her Father, £\2 12s. Scots ; and of her own, jfioo Scots." The paraphernalia and articles enumerated were of considerable value, and, along with the cash, made a respectable outfit for Miss Cochran, and, had she lived, might have conduced much to the happiness and prosperity of her husband as well as of herself. But Lindsay was not destined to enjoy for any lengthened period the possession of his young bride or her fortune, for in the month of April following the marriage, she died, and, unfortunately for him, without issue. Thus by law he became bound to make restitution to the Cochrans of all that his wife had brought with her, and they, having got the power, soon asserted their legal right, and even made such an unfeelingly hard reckoning with Lindsay as to include in their claim the price of the dove, 6d. sterling ; and of the three fowls, 15s. Scots, or i5d. sterling. Nor did the Cochrans give their relative any indulgence in regard to time for restitution, for, in the month of June, Alexander Cochran, the father, and James Cochran and John Cochran, the brothers of Mary Cochran, as her nearest of kin, raised an action before the Sheriff to make good their claim to restitution. The law and the claim being indisputable, the Sheriff decerned against Lindsay for restitution as craved, within eight days. There were few things that were more interesting to, or so ex- cited the liberality of, a Scotch family, as the decent off-putting of a female member of it at her marriage. Provision was carefully made for such contingencies for years beforehand ; and any exhibition of niggardliness on such an occasion would have brought down on a family not only the censure of their neighbours, but made them, as it were, lose caste. This produced emulation and rivalry in carry- ing out an established custom, and the paraphernalia and plenish- ing were on all such occasions publicly exhibited to relatives and neighbours, and excited curiosity and often envy ; and to see the cart loaded and passing along with the outfit was a sight that the neighbours greatly enjoyed, and which furnished to them abundant and most interesting materials for gossip and criticism. We may suppose that Mary Cochran's outfit and tocher was such as was usual in families in her father's position, that of a tenant of a small farm or mailling ; and what was brought home by her — in the great scarcity and high value of money in 1724- — must have been of great OUTFIT AND TOCHER OF A FARMER'S DAUGHTER. 1 85 importance to the bridegroom ; and the loss of it by the unfor- tunate death of his wife within a year and day of the marriage would add additional pangs to his sorrow already sufficiently great, when he was inexorably called upon to account for and restore to her relatives what he must have calculated to be inalienably his own, to say nothing of the breaking up of the new family connec- tion which he had just formed, and from which, as a young farmer, he might have reason to expect to derive many advantages. The following is a copy of the proceedings, at the instance of Alexander Cochran and his sons, against Lindsay : — " Allexander, Earle of EgUntoun, &c. " Forasmuch as it is humbly meant and shown to us by our Lovits, Alex- ander Cochrane in knaps, with consent and concurrence of James Cochrane there, John Cochrane in Thriplie, and Alexr. Cochrane in Craigans, denistoun, his sons, for themselves and their interests, upon and against John Lindsay in Langach, in manner underwritten, that whereby the laws of this kingdom and daily practice thereof, where Marriage desolveth by the death of either partie within year and day of the Marriage, all things given in such matrimony, or on account of the marriage with any partie, doth return to the same condition as before the marriage, and the surviver is lyable in restitution thereof : And it being true and of verty that Mary Cochran, daughter to the said Allexander Cochran, was married upon the said John Lindsay at or near about Lambass last, and died in and about Aprile last without any children of the marriage, whereby the said marriage did desolve, and the said John Lindsay became obliged to restore all things he got with his wife or she brought with her to the said Allexander Coch- rane, her father, and the other pursuers, her brethren, and to put everything in the same condition as it was before the marriage, and she haven taken with her the goods and gear following, viz., her Paraphernals and body cloathes, linens, and others, to the value of three hundredth merks Scots : Item, three Seeks (for beds) worth four pound ten shilling, ane smoothing Iron worth half ane croun, ane dove worth six pence, three kane fouls worth fifteen shilling Scots, tuo dozen of horn spoons worth six shilling sterling, eight stone of lint, whereof the greatest part was heckled, worth ten pound Scots per stone all over head : Item, other goods and gear to the value of ane hundred merks Scots money : As also she took with her or received the time of the marriage from her father and otherwise the sum of twelve pound twelve shilling Scots, and had pertaining and belonging to her ane hundred pound Scots in money due and addebted to her ; All which doth by the dissolution of the said marriage return by Law to the complainers, as her father and nearest friends and relations : Yet notwithstanding thereof the said defender doth most wrongously and unjustly refuse to restore the saids goods or make any just compt reckoning and payment thereof, albeit he hath been several times desired and required so to do, and that unless he be compelled : Herefore it is our will ye lawfully summon, warn, and charge the said defer, personally or at his dwelling place, to compear before us and our deputs within the Tolbooth of Paisley, the days of June instant, in the hour of Z JUDICIAL RECORDS OF RENFREWSHIRE. i cause, to answer at the instaiice of the saids complainers in manner and to the I effect foresaid, that is to say, to hear and see the premises verified and proven, and being so verified and proven, to hear and see himself decerned in manner above written, or else to alledge ane reasonable cause in the contrary, according to justice, as ye will be answerable by this our precent, given and subscrybed by our Clerk of court, at Paisley the day of June, 1 724 years. " ' ' Paisley, 25 June, 1 724. " Haveing considered the Lyball, with defrs replyes and duplyes, Repells the defences, and finds the Lyball relevant for restitution of the defunct's para- pharnalia or body cloathes and over goods, gear, or Lyeing money and oyers Lyballed as were Left with the defer or was in his custody the tyme of the de- funct's decease, and admitts the same to the pursuers probatne. " Ro. Sempill, Sheriff Dept." "Paisley, 18 August, 1724. "Haveing considered the lyball and relevance yrof, with the defers deposi- tion taken for proving the same, ffinds the lyball clearly proven, and therefor decerns in the terms of the samen, reserving eight days for delivery. "Eo. Sempill, Sheriff Dept." a@ 1 onantrestine Marriage— fits penalties in 1731. HE frequent criminal prosecutions for irregular marriage, about the beginning of last century, were instigated, no doubt, by the Kirk Sessions, whose horror of all inter- ference with their ecclesiastical rights led them to seek for the enforcement of statutes enacted by the Scottish Estates of Parliament at a time when the Dignitaries of the Church dominated its legislation, and sought by the terrors of the civil law to secure obedience to Church rule. In 1731 the Procurator Fiscal of the Sheriff Court of the County instituted criminal proceedings under the 34th Act of the first session of the first Parliament of King Charles the Second, against John King, maltman in Paisley, for marrying otherwise than under sanction and by the aid of the Church. Mr. King, who was a respectable merchant in Paisley, as is proved by his very extensive dealings in malt, was, from his posi- tion, likely to afford to the " Fisck," who prosecuted for his own rather than " the public interest," a good fine for his transgression of an iniquitous law, and therefore was pounced upon within the honeymoon for daring irregularly, and without ecclesiastical sanction, CLANDESTINE MARRIAGE ITS PENALTIES. 187 to marry Miss Ann Robertson, and cruelly sentenced to imprison- ment for three months, besides being subjected in the statutory penalty. This penalty was, for a gentleman, five hundred pounds ; but Mr. King, sinking his pride to save his pocket, prudently re- pudiated, for the time being, the right of the Fiscal to designate him gentleman, and thereby to exact from him the larger penalty, and he was, as belonging to a lower class, fined in one hundred merks Scots. During the period of Mr. Claud Simpson's occupation of the office of Sheriff-Substitute, after the death of Sheriff-Depute Sempill, cases of this class were, in all parts of the County, of frequent occurrence, which can only be explained by the supposi- tion that they were very profitable to the authorities. But the miseries of an unfortunate benedict did not end with imprisonment and fine, for he had still ecclesiastical censure to meet, and had to undergo such penance as was then imposed by the kirk for antici- pating, or rather contumaciously dispensing with, the sanction of the Church to his marriage. The many persecuting laws, passed by a subservient Parliament during the reign of Charles I. and II. and James VII., are now nearly all swept from the Statute Book or have become obsolete. Nowadays a young married couple can enjoy their honeymoon without dread of being separated by imprisonment of the husband for three months, or punished by excessive penalties ; and it will be generally allowed that the more merciful view now taken of irregular marriages is not less likely to have a good moral effect than the stern and merciless course taken in the olden time to please the Church, and, at same time, replenish the pocket of the Fiscal, who, as well as the Sheriff, had to seek for remuneration from such sources for their official labours, and were thus led to oppress the lieges. The following is a copy of the proceedings against Mr. King and his spouse, Miss Ann Robertson ; — " Complains the pror Fiskall of Court upon and agt John King, maltman in Pasley, and Ann Robertson, his spouse, That where by the 34th Act of the first sess of the first parliament of King Charles the Second, persons marrying clandestinly or irregularly are to be imprisoned for three months, and beside to pay, the Nobleman ane thousand pounds, the Gentleman and Burgess five hundred pounds, and each oyr person one hundred merks, and to remain in prison while they pay their fynes : and the prosecution of these pennaltys is by law competent to every pror Fiskall. Notwithstanding there- of it is of verity that the saids defenders, within these fourteen days bygone or thereby, were married in ane clandestine or irregular way, without pro- JUDICIAL RECORDS OF RENFREWSHIRE. clamatiou of Banns : and therefor the said John King, as ane Gentleman Burgess, ought to be unlawed in terms of the saids Laws." " Pasley, 28th Septer, 1731. " The Defr John King, present, judicially acknowledges the Lybell, but refuses that he is a Gentleman or Surges. "John King." " In respect whereof, the Judge decerns him in one himdred merks fyne, and imprisonment in terms of the foresaid Law. "Claud Simpsone, Sheriff Subt." laousl) Exmtmmt of a dFelloto ^Ttatresman, 1745- HE criminal libel we append to this number will give our readers an idea of the outrageous manners for which, even at a period near the middle of the eighteenth century, the inhabitants of our county were somewhat notorious, and which so often gave employment to the Procurator Fiscal of our county courts. The change to improved manners and diminution of crime, which, further on in the century, began to be remarked, and ultimately influenced the character and number of the offences brought under the cognizance of the authorities, had not, even at that date, become perceptible ; and, indeed, until the administration of the law was confided to Sheriffs appointed and paid by the Crown, and responsible for the prevention of crime and offences and for the proper execution of the criminal laws, there was little change to indicate improved manners, or show a decreased tendency to violence and outrage among the people. The criminal libel now referred to was raised by John Tweedall, mason in Paisley, and the Procurator Fiscal of Court for his interest, against William Hart, mason in Paisley, and Andrew Robertson, quarrier there ; from which it appears that Tweedall, having left some tools in a quarry at Gallow-Green Craig when working there, and having gone there to get them, or, in his own words, " to seek his own, the defenders fell out in a passion and quarrelled with him, calling him a knave and a villain, and Robertson jostled and dang Tweedall down to the bottom of the quarry hole, which was filled ROUGH TREATMENT OF A FELLOW TRADESMAN. with water, and puddled, and threw him down therein, and, having a quarry mell in his hand, held the same above Tweedall's head, and swore he would make him so that he should not stir, and gave him several strokes with his fists on the head, and with a rung or stick gave him a stroke upon his side or belly, and otherwise mal- treated and abused him." For which assault and violence the com- plainers craved that Hart should be decerned to " compear in judgement and repone the complainer to his good name, by ac- knowledging his fault and saying false tongue he lied, and to pay him forty shillings sterling in name of assythment, and that the de- fender Robertson should be decerned to pay the complainer the like sum of forty shillings sterling in name of assythment and costs of suite, and be unlawed in like sums to the Fiscal." The libel also craved decemiture against Hart and Robertson for ;^3 los., the price of his tools, and ten shillings damages. The Sheriff found the criminal libel relevant, and, on the oath of the complainer, Tweedall, decerned against the defenders in terms of the conclusions thereof The following is a copy of this curious specimen of a criminal libel in 1745 : — "I, John Tweedall, mason in Paisley, and the pror fiscal of Court for his interest, Complain upon and against William Hart, mason in Paisley, and Andrew Robertson, quarrier there. That where the sd John Tweddall, Complr, Haveing two Shovells and a quarry mell Belonging to him, wherewith the sds Defenders (att least the sd Andrew Robertson) were working and making use of In the Gallow green Craig, And he, the Complr, Having about twenty days agoe or yrby gone to the sd Craig To bring home his sd Shovells and Mell. True it is that the Defenders (Because the Complr was seeking his own) ffell out in a passion and Quarrelling with him, and the said Defr William Hart sayd that the Complr, John Tweddall, was a knave and villan. And the said Andrew Robertson forcibly Justled and Dang the Complr doun to the bottom of the Craig hoU, which was swimming with water, and puddled, and threw him down therein, And having a quarry mell in his hand, Held the same above his head and swore by all that was good that he would make him he should not stir, And gave him severall stroaks with his fist upon the head or other parts of his body, And with a Rung or Stick Gave the Complr a stroak upon the side or belly, And otherwise maltreated and abused the Complr, which being proven, The sd defender William Hart ought to be decerned to Compear In Judgment And Re- pone the Complr to his good name by acknowledging his fault, and saying false tounge he lyed. And to pay him fourty shillings Str In name of Assythment and Costs of Suite, and the sd defr Andrew Robertson be decerned to pay the Complr the lyke soum of fourty shillings Str In name of Assythment and Costs of Suite, And to find Caution of Lawburrows, And be unlawed in the lyke soum to the fysk. As also the sd defender, Andrew Robertson, about five weeks agoe or 19° JUDICIAL RECORDS OF RENFREWSHIRE. yrby, Bought from me, the sd John Twedall, Certain Quarry Instruments, viz., two quarry mells, three Gavelocks, five picks, and thritty-five Wedges, All of them Iron, at Three pound Str pryce. Upon the condition that I was still to be bound But the sd Andrew was to be free till the next day or night after the bar- gane. And the sd quarry Instruments were delyrered to him, Att least he was in possession yrof. And the next night following the bargan The sd Andrew came to me and told me that he would not hold the bargane, And yet most wrongeously Refuses to Delyver me the forsd Quarry Instruments, Albeet I have diverse tymes Desyred and required to doe the same. And therefor the sd Andrew Robertson ought to be Decerned to Delyver to me the forsd Quarry Instruments In as sufficient a condition as he received them, or pay me Three pound ten shillings Str as the worth and value of them (and to be optionall to me which of the two of the sd alternatives I shall please to accept of) And ought to have my oath in litem allowed me as to the value of the sd quarry Instruments in terms of law, and to pay furder to me ten shillings Str In name of Damadges for want of the sd QuaiTy Instruments (He having made use of them since) and Expenses of this persute, According to Justice. " " Paisley, 2 Augst, 1745. ' ' Haveing considered the complaint and answers, sustains the severall articles Relevant, and admits the same to probation. (Signed) "Henry Maxwell." " Paisley, 13 Augst, 1745. " The pursuer present, sworn, and examined. Depones affirmative, and this is true as he shall ansr to God. (Signed) "John Twedall." "In respect yrof Decerns. (Signed) " Henry Maxwell. " Infliction of i^crsonal :peated brevitatis causa, if there are any burdens, &c., say .("with, and under, the real burdens, restrictions, provisions, and obligations before referred to ") into the hands of the said Provost, Bailies, Treasurer, and Councillors, as representing the community of the said Burgh, immediate lawful superiors of the same, in favour and for new and heritable booking of the said lands and others, to be made, given, and granted to the said B absolutely and irredeemably in due and competent form as efieirs ; Of which resignation the said Provost, Bailies, Treasurer, and Councillors accepted by receiving the said symbol of staff and baton into their hands ; and the said re- signation being thus completed, they delivered back the said staff and baton to the said , who also appeared as procurator and attorney for the said B disponee ; and accordingly entered and booked, and hereby enter, book, and secure the said B in all and whole the lands, and others above described and dis- poned, lying bounded and described as aforesaid, and here held as repeated brevitatis causa if there are any burdens, say, ("but always with, and under the real burdens, restrictions, provisions, and obligations before referred to ") conform to the order and custom of the Burgh of Paisley, as to the booking of lands within the same ; holding, and to be held, the said lands and others by the said B and his foresaids, of and under the Provost, Bailies, Treasurer, and Councillors of the Burgh of Paisley, and their successors in office, immediate lawful superiors. THE YETT HOUSE OF PAISLEY ABBEY. 245 for payment to them, or their treasurer, or chamberlain, in their name, at the term of Whity. , annually, of the sum of of feu-duty ; and for performance of the usual services of the Burgh, and attendance on their courts when lawdxiUy warned, and these for all burdens, exactions, or secular services whatever, which can be required furth of the same ; saving and excepting always their casualties of superiority conform to law, and the rules and regulations of the Burgh con- sistent therewith, in the event of new lands and others becoming in non-entry ; and the said B has paid to the treasurer of said Burgh the sum of , being the composition for this entry. Whereupon the said , as procurator and attorney for the said B, asked and took instruments in the hands of , one of the town clerks, and craved extracts. Extracted from the Records of the Burgh of Paisley, by me, one of the clerks of the said Burgh. Kf}t W^tt ^ou&2 of ^aisles ^ticg. HE Record Room of Renfrewshire contains many of the writs and title deeds of heritable property within the Burgh of Regality of Paisley, and other parts of the town of Paisley within its Parliamentary boundaries, registered in the Sheriff Court books for preservation or execution. Of the buildings on this property, either within or beyond the Burgh, few have much arch^ological or historical interest, or, with rare exceptions, claims to great antiquity. At the beginning of the present century, there were some ranges of buildings — of which some of the oldest inhabitants may have recollection — very antiquated, and probably existing from near the time of the original feuing of the Burgh, about the end of the fifteenth century and beginning of the sixteenth. These, however, were removed when improvements in those central parts of the Burgh, Moss Street, and the Cross, were carried out. In Moss Street, a row of very old two-storey buildings ran from the Tolbooth to the Tailors' Land, at School Wynd, within which were the Municipal offices, some shops or booths occupied by the merchants of the town, a hall used on public occasions for meetings or for festivities and dances, and also the meal market — access to hall and the 246 JUDICIAL RECORDS OF RENFREWSHIRE. market being by a wide closs or entry from Moss Street. These old houses were superseded by the present buildings erected by and now belonging to the town. The range at the Cross stood on the site of the present Coffee Room, and consisted of small booths or shops and dwelling-houses of very antiquated form ; and it may still be in the recollection of the " oldest inhabitant" that Mr. George Murdoch, draper, who had occupied one of these shops, and was a well-known citizen and member of the Town Council, was long the tenant of a shop at the south end of the new Coffee Room buildings. His daughter was married to Colonel Downie, who, with his brother. Sir John Downie, were distinguished officers in the British army during the French war. Sir John at same time holding a high rank in the Spanish ser- vice. Sir John married a daughter of Mr. Alexander Gibson, Town Clerk ; and both brothers were natives of the town. The improvements of the streets of the Burgh — already partly effected in St. Mirren Street and elsewhere, and now to be yet more extensively carried out under Parliamentary powers, have swept away some ancient houses, and threaten with destruction more, with which there are associations that will cause some regret at their dis- appearance. It is, however, fortunate that, so far at least as tlie Improvement Scheme has yet been developed, it will not touch some houses which, though not so old, are regarded with consider- able respect, such as those wherein were born John Wilson, Robert Tannahill, Alexander Wilson, John Henning, and others who, by their genius, have shed a lustre on their native town. The wave of improvement which now so much engages attention and agitates the public mind in the Burgh, has passed over the New Town, and there the very general desire for the removal of old and unsightly buildings, has already been practically shown by the complete clearing away of the whole buildings wfth which our forefathers, with most deplorable taste, surrounded and shut out from view the Abbey of Paisley. This most commendable change has brought out with great effect the grandeur and fine pro- portions of this, one of the best examples of ecclesiastical struc- ture in Scotland, and we can now point with justifiable pride to the noble Abbey of Paisley, fully exposed, and forming the grandest and most interesting archsological feature of the town. The ad- mirable bronze statue of Alexander Wilson the ornithologist has found a most desirable site in the corner of the opened-up Abbey THE YETT HOUSE OF PAISLEY ABBEY. 247 Grounds, which it is to be hoped will yet, when the whole frontage on the north is opened up as far east as Gauze Street, as is in- tended, afford sites for the proposed monument to Robert Tannahill or to any other of our deceased eminent townsmen who may yet be deemed worthy of such a mark of respect. In the same street, but by other not less able and public-spirited hands, another improvement is in progress, — the removal of the old buildings on the west side of the street, nearly opposite the Abbey, for a site for a new Town Hall, bestowed on his native town by a deceased member of a most enterprising, successful, and respected Paisley family, — the Clarks of Seedhill. This Town Hall is the gift of the late Mr. George A. Clark, of Newark, New Jersey, who, by his will, devised the sum of ^20,000 for its erection ; and his muniiicent liberality is about to be carried into effect, and, if neces- sary for its satisfactory completion, will, we understand, be gener- ously and liberally supplemented by his brothers, Messrs. James, John, and Stewart Clark. The three premium plans which com- mended themselves from amongst nearly a hundred competitors, were distinguished alike for their excellence of arrangements and their pictorial effects ; and, with the fine site that has been secured, there can be little doubt that an architectural structure will be raised that will admirably serve the convenience of our public gatherings.- Such a hall was much desiderated to meet the requirements of the large and ever-increasing population, wealth, and importance of the town ; and in bestowing it, Mr. Clark will have erected a lasting memorial of his munificent liberality and re- gard for the well-being of his townsmen, to which they will long proudly point as one of their greatest local ornaments. But the carry- ing out this improvement cannot be made without interfering with buildings of great antiquity, which, from their association with the Abbey, possess considerable interest. There are, on the west side of Abbey Close, some remains of the outbuildings of the Abbey, such as the Tennis Court and some of the offices, but so changed and " im- proved out of existence" as no longer to be identified by even such a penetrating and enlightened antiquary as Mr. David Semple, F.S.A., who has recorded the history of the more modern buildings recently removed from the east side of Abbey Close. There is one building, however, about to be taken away, which has for centuries resisted the destructive influence of time, and the still more destructive ravages of improvers, and which, from its architectural style, seems 248 JUDICIAL RECORDS OF RENFREWSHIRE. to be of coeval date with the family mansion of the ancient family of the Cochranes of Dundonald attached to the Abbey. This is what has traditionally been said to be the Yett or Gate House of the Abbey at the entrance from the road leading from the Old Bridge over the Cart into the avenue or approach to the Abbey and to the family residence of the Dundonald family, now belonging to the Duke of Abercorn. The Yett House is a very ancient-looking two-storey building, extending along the street leading from the bridge, with its east gable to the Abbey Close. The front elevation was, in its style, quite in accordance with the purpose it served, and the building had corbelled gables, a very steep thatched roof, and a back jamb forming the west side of a small court behind, and ad- joining what was traditionally known as the Tennis Court. The windows of this back building, before the feuing of the adjoin- ing steadings, would look out upon the Cart and the Old Bridge. The Abbey, according to the map of the County of Renfrew, in the edition of Blaer, published in Amsterdam in 1654, and re- produced in Crawfurd's History of Renfrewshire (18 18), had a large orchard and garden lying to the north of it, which were enclosed by a wall described as " one of the most magnificent walls in Great Britain, all built with square stones on both sides about a mile in circuit." This wall, with part of the fabric of the most ancient portions of the Abbey still existing, was built in the reign of James III. by George Schaw, Abbot of Paisley, A.D., 1484, as appears from the inscription that once appeared on its corner, — Ya callit ye Abbot Georg of Schawe About yis Abbey gart mak yis waw A thousande four hundereth zheyr Auchty ande fyve, the date but weir Pray for his saulis salvacioun Yat made this nobil fundacioun In the old map of the county we have referred to, a building is marked as standing on the site of the Yett House, and the avenue from it to the Abbey is also distinctly shown. The Abbey Grounds are marked as extending from the Cart northwards to near to Gallowhill. The public road to Glasgow ran around the orchard and garden, and led from the bridge to Gallowhill, thence by Wall- neuk to Hillington and Hillhead, and onwards to Glasgow. In this description of the old road, we find the derivation of Wall- THE YETT HOUSE OF PAISLEY ABBEY. 249 neuk by which part of the town is still known. In Slezer's view of Paisley in 1693, to which we have already referred, we find amongst the surroundings of the Abbey a small building bearing a curious resemblance to the Yett House, as it now stands, set down, having an avenue from it to a building which must mean the Abbey, although the accuracy of its site as there shown is disputable. In this smaller and latter plan the places we have referred to are not so distinctly traced as in the map of Renfrewshire, 1654 ; but still it sufficiently marks the site of the Yett House. This house, now about to be swept away, bears evident marks in its structure of very considerable antiquity. The style, we have already said, is that of the period when the family residence of the Dundonald family attached to the Abbey was erected, but a much older date may be claimed foi it — indeed, the bottle form of the carving of the ribets and lintels of the windows and doors, and the solidity of the walls, the very high roof, the corbel stones of its gable, and the coping of the chimney tops, mark the building to have been erected in the sixteenth, if not the fifteenth century. The site of the House also points to and proves the purpose of the erectors — it stands at the north-west corner of the entrance to the "close" or avenue leading from the Highway to the Abbey and the residence of the Dundonald family, and it adjoins the Tennis Court and other outbuildings of the Abbey, of which there are still some faint traces. From the raggled appearance of the gable at its north-east corner, the House seems to have had an addition to it — probably a narrow staircase, in the form of a round tower, so com- mon in Elizabethan structures. There is no evidence whatever of a second storey having, as some say, been put on the original building. It is true that two of the back and one of the front windows have been enlarged, and the ancient moulding around them removed, but this has obviously been done recently, for it was necessary in order to accomplish the alteration to remove part of the wall of the back jamb. The house, although neither an extensive nor a grand buildini:;, must, three hundred years ago, have been looked upon and described as a stately " Yett House," such as the one referred to in old chronicles; and surround- ed, as it was, on two sides by the Tennis Court and Offices of the Abbey, and standing at the head of the avenue — several of the old county and town plans showing a house there — its identity. 250 JUDICIAL RECORDS OF RENFREWSHIRE. according to the tradition of its being the veritable " Stately Yett House " cannot, we think, be disputed. It has been said to have belonged to Robert Park, a Paisley merchant, nearly two hundred years ago, and that it was then a one storey house. There is no evidence of this, however ; and although it may have been feud by Lord Dundonald, to James Moody, Innkeeper, in 1763, about which time the Abbey orchard and garden lands were laid off for feuing purposes, this affords no proof that in older times it had not been used as a Yett House. In the improvement of our native town we cannot but sympathise, even although the removal of the Yett House, — the place of our birth, and where we spent some of the first years of our life, — makes us feel such a pang as we would when losing sight of an old associate of our very earliest years, and with whom was connected some of our most pleasing recollections. By the kindness of our publishers we have been enabled to give as an illustration to the present paper a view of the old tenement as it must have appeared a couple of centuries ago, when Blaer's map was published. SECTION VII. MISCELLANEOUS. En iStiict of t\)( protector, ©Ubw OtromiBdl. 1656. HE old document appended to our present notes will be found to be more curious than important. To us, and we believe the public generally, it is a matter for deep regret that so very few of the old Judicial Records of the county that were placed, and ought now to be, in the Record- room, have resisted the corroding hand of time, or have been lost through neglect, from a feeling in those having charge of them that their importance was not such as to call for their careful preserva- tion. This, however, was a great and fatal mistake, and is now, of course, irremediable. There are few old writings to be found in the Records of a date prior to 1650; and of the period of the Pro- tectorate of Cromwell, almost none remain to tell us of the ad- ministration of the law, or to throw light on the general history, or the life, manners, and customs of that interesting time, while such as do exist are not of sufficient interest to warrant their find- ing a place in our selections. As an example of the few remaining documents of that time, we append one which bears to be " Ane charge to enter Aire Mitcheh agt Mitchell." It is dated 9th July, 1656; has the seal attached of the commissioners appointed for administration of jus- tice to the people in Scotland, and bears the signature " Ro. Wallace," and is stated to have been "written be Everard Jaffray my [his] servitor." The document is an edict by " Oliver, Lord Protector of ye Common-wealth of England, Scotland, and Ireland, and ye Dominions yrunto belonging," is addressed to "Messrs. our 252 JUDICIAL RECORDS OF RENFREWSHIRE. Judges in that pairt conjly and severail specially constitut," and was raised at the instance of "James Mitchell, merchant in Hamil- ton, against Mitchell, Barnford, eldest lawful son and apparant aire to umqll John Mitchell of Barnford, his father, and his tutors and curators, gif he any hae, for yair interest;" and the object sought to be attained by the edict is to compel the " said Mitchell to enter Aire to his Father, which he wrongfully lyes past and will not enter, and he and his Tutors and Curators, for his in- terest, ought therefore to be compelled." The edict grants warrant for summoning Mitchell and his tutors and curators, by edictal citation, at the Mercat Cross or other places necessary, in terms of Act of Parliament, and requiring him to enter heir to his deceased father, John Mitchell of Barnford, with certification, in case of failure, that the complainer, Mitchell, would have all the rights and powers competent to him in any actions or processes intended or raised by him against Mitchell and his tutors and curators, as if he was so entered. There is nothing very interesting in such proceed- ings ; and the only purpose of our publication of the edict is to bring before our readers a legal document, dated three hundred and twenty years ago, issued in name of the Protector by the Commis- sioners appointed by him for administering justice to the people of Scotland, who thus seem to have been substituted for the Court of Council and Session, with whom the jurisdiction in such a case would otherwise have rested. Mitchell, the defender, ap- pears to have owned the estate, whatever that was, of Barnford, — a name still attaching to lands in Inchinnan parish, Renfrew- shire; and the edict being found among the Judicial Records of the Sheriff Court of the county, the question may in some form have been before the Sheriff COPY EDICT. Oliver, Lord Protector of ye Commonwealth of England, Scotland, and Ire- land, and Dominyons thereto belonging, To Messrs. otir Judges in that part called Scotland, severally constitute, greitting : Whereas it is humbly meant and shawen to me, be James Michell, merchand in Hamiltoun, That whair ye said complener has dyvers and sundrie actions and claims com- petent to him to intent and pursue alsewell before our Commissioners for Ad- ministration of Justice to ye people in Scotland as other Judges ordinar within his nationne, against Michell, now of Barnford, Eldest lawl son and appearant aire to umqll John Michell of Barnford, his father, nevertheless ye said Michell, now of Barnford, and his several tutors and curators, gif he anie has, for yair entrest, wrongfully Lyes past and will not enter aire to ye said THE VOLUNTARY PRINCIPLE. 253 umqll John Michell of Barnford, his father, to ye effect ye said compleaner may intent and pursue all and sundrie actionnes and complts competent to him against ye said Michell, as aire foresaid to his said deceast father, and his saids tutors and curators, gif he anie hae, for yair entrest without yea be compellit as is alledgit ; Our Will is, therefore, and we charge you straitly and command, that meantime at ye mercat tyme ye pass and in our name and authoritie com- mand and charge ye said Michell, eldest lawl Sonne and appearand aire foresd to ye said umqll John Michell of Barnford, personallie or at his dwelling place, and his saids tutors and curators gif he anie hae, for yair entrest, be open proclamation at ye mercat cross of ye Burrough of and other places need- ful, to enter aire to ye said deceasit John Michell of Barnford, his father, to ye effect aforesaid, upon certain days next after they sail be charged be you yairto, conform to ye Act of Parliament, with certificatione to ye sd Michell and his saids tutors and curators, gif he anie hae, for your entrest gif ye failzie yairun- till and enter not aire to ye sd umqll John Michell, yr father, whereby ye said compleynerd sail have all good actionne, process, and contentions against the sd Michell and his saids tutors and curators, gif ye anie hae, for their en- trest, as yf he were entered aire to his said deceasit father, but hath failzie, not- withstanding that being in manifest defraud of ye sd compleaner and wrongously to his hurt, will not doe ye samin as said is. According to justice as ye sail answer, whilk to doe we committ to you fully and severallie our full power be this our Edict, delyverihg samin, to you deuly execut and indorsat, again to ye Bearer. Given under our signet, at Edinr, ye nynth day of Jully, 1656. By warrant of the Commissioners for Administration of Justice to ye people in Scotland. Ro. Wallace. Written be Everard Jaffray, my servitor. The letters V and TOR being legible on wax seal attached to the edict. 2Df)f VQlXLXiiRtv. principle, 1659. NNEXED hereto is a curious legal document, bearing date the 21st December, 1659, on which there is en- dorsed as follows : — " Decreet Daldillings agt severall persones voluntary contributors to ye Kirke of Dalgene," from which we learn that, upwards of two hundred years ago, a new church being required at Dalgene or Sorn, in the county of Ayr, the inhabitants were called upon voluntarily to contribute towards the cost of its erection ; and, although undoubtedly much less acquainted 254 JUDICIAL RECORDS OF RENFREWSHIRE. with this mode of providing funds for erecting churches than at the present day, the inhabitants of the Parish of Dalgene or Sorn seem to have had enough of the genuine spirit of voluntaryism to cause them generally to respond to this call upon their Christian liberality. Their means, however, were scanty, and it is not there- fore surprising to find from this document, that the contributions were exceedingly small — one only being of ten pounds, one of five pounds, three of four pounds, and four of two pounds Scots, while the others ranged from six shillings to two pounds Scots. It would appear that the inhabitants had been assembled together to consider this important matter of building for themselves a place of worship, and that they had, in presence of their minister and other persons, made their voluntary offerings for what was by them thought to be, as it was called by their minister, a pious and laudable work. On the faith of the promises thus made, the building of the church pro- ceeded ; and when the walls were built and roof put on, it was necessary to realise the promised funds to meet the cost. Money at this time was by no means abundant ; and these voluntary con- tributions, though apparently small, were, taking into account the value of money, most liberal two hundred years ago. It will be seen from the legal document referred to, that the contributors to this pious work were of all classes; for we find among them heritors, tenants of land, agricultural servants male and female, and labour- ers, every one, however poor, giving his or her mite. Mr. James Veitch, the minister of the parish, had, unluckily, no Deacons' Court, or any other of those innumerable agencies with which we are in our times so very familiar, to aid him in realising the funds so spontaneously and liberally promised for the building of his church ; and therefore some difficulty seems to have been felt in getting the promised voluntury contributions realised. It appears that fifty of these Dalgene Voluntaries delayed to pay their promised contributions, and the minister and heritors and kirk-session took the unusual course, at least for realising voluntary contributions, of applying to a legal court; and accordingly the fifty defaulters were summoned before John Hadden of Enterkin, and Captain Gibson, two Justices of the Peace for Ayrshire, on the 21st December, 1659, at the instance of "John Reid, of DaldiUing, in interest of the kirk session of Dalgene, and remanent heritors and parishoners," for payment of their promised contributions. It is stated in the said document, which is an extract of the decree pro- THE VOLUNTARY PRINCIPLE. 255 nounced against them by the Justices, that they, the defenders, " had become voluntary contributors of the sums therein specified, in presence of the minister and other persons, for helping to pay the charges and expenses of building the kirk of Dalgene, a pious and laudable work, which was nearly finished, both in its walls and roof, and that they had been willing and voluntary contributors, and that it was scandalous and dishonourable for them to refuse or delay to pay to the pursuer, Daldilling, the soumes voluntarily contributed out of their charitable benevolence for completing of the said work." The defenders, being cited personally, all failed to appear, where- upon the Justices gave decree against them for the sums which they had severally promised to pay, and further found each of them liable to the pursuer in the sum of twelve shillings Scots for their con- tumacy, amounting in whole to six hundred pounds Scots. The enormous fines thus imposed for contumacy upon the fifty defenders for failing to appear were partly to be applied in payment of the costs of the prosecution, and the balance appropriated " to " help to put a bridge over the Blind Burn in the most convenient " place for ye people to pass to and fro ye Kirke of Dalgene." The prosecution was about as irregular in many respects, accord- ing to present legal notions, as this exhibition of the Voluntary principle in the parish of Dalgene or Sorn two hundred years ago was extraordinary. The document we print is curious historically, as showing how a church could by the application of the Voluntary principle be erected in 1659, just as it is in so very many instances in 1877 ; and it will interest our readers, although to them it may appear of less value from not being connected with Renfrewshire. One of Lord Eglinton's agents in Irvine, Mr. James Marshall, was appointed Sheriff Clerk of this county in 1747, and he brought with him to Paisley a number of curious papers, and amongst them the one we now publish; and our readers will remember that we already have had occasion to notice some others of these, and although not relating to our own county, but to the neighbouring county of Ayr, they are still historically valuable, and equally interesting as if the narrated events had occurred in our own district. The following is a copy of the " Decreet Daldilling agt several persons voluntary contributors to the Kirk of Dalgene " : — ' ' Decreet Daldilling agt severall persones, voluntary contributors to ye Kirke of Dalgene. "At a Session held at the Burgh of Ayre, the twentie one day of December, 256 JUDICIAL RECORDS OF RENFREWSHIRE. the year of our Lord Sixteen hundred and fifty-nine years, Be the Justices of the Peace after namit, That is to say, John Hadden of Enterkin, and Capt. Gibson, anent the Summons raised at ye instance of John Reid of Daldilling, in inter- est of the Kirk Session of Dalgene, and remenent heretors and parochioners within the same, against ye persones after named, vokmtar contributors of the soumes of money under written in presence of ye minister aftermentt for the helping to pay ye charges and expenses for building of the Kirke of Dalgene, which is at this day near finished, both in the walls and roof To witt against William Wilson, in Some ; Jannet Taylour, in Smiddieshaw ; Margrat Preston, in Crossfitt, servitour to Hew Pedine ; Andrew Tamson, in Auchinshaw ; John Perston, servitour to George Haddane, in Mungoswood ; James Hendrie, in Carleith ; Jannet Reid, in Walton ; John Miller, in Leydsyde, in Harlie ; Thomas Whyt, in Mauchlane ; Jannet Wilson, sumtyme servitour to The Lady Hallrigg, and daughter to Adam Wilson, in Harlie ; James Donald in Machlin ; Alexander Campbell, yr ; Mungo Campbell, Elder, yr ; Mungo Campbell of Nether Place, yr; John Spotswood, Elder, yr ; John Willock, in Carleithe ; George Willock, yr ; James Waining, in Mungoswood ; Robert Andro, in Hole- house, servitour, to John Campbell ; Abraham Wood in Dalgene ; David Wal- lace, in Hitache ; Jennat Lockhart, sei-vitour to John Alexr, in Crofthead ; Jennett Jamieson, in Aukhenshaw ; James Richmount, in Auchenlaw ; John Syme, in Carleath ; William Fergusson, in Heme ; Andrew Hodge, in Badyend, now in Craigtoncleuch ; John Mitchell, in Ten shilling syde ; John Aird, in Bar- loche, son of Alexr Aird, yr ; David Boswell, now in Maichheid ; Robert Hemphill, in Haigh ; James Fisher, in Clari ; William Dennistoune, Taylor in Mauchlin ; Hugh M'Alpyne, in Walton ; William Adam, yr ; George Boyd, in Mauchlin ; John Syme, in Shawhead ; Bessy Reid, in Walton ; William Sawer, in Holehouse ; James Reid, in Barnache Hill ; George Hendry, yr ; William Gibson, yr ; John Hunter, in Bogacre ; Thomas Ferguson, in Martinhill ; Agnes Wood, ther ; Adam Miller, in Haigh ; Hugh Cowan, in Machlane ; Hugh Mair, in Bogwood ; Isabel Patterson, in Bamachhill ; William Paterson, in Dykesshiel : Voluntar contributors before Mr. James Veitche, Minister at Mach- lane, as the letters under his hand doth bear, for refusing, or at the least post- poning, deferring and delaying to make payment to the said Pursuer in and to the effect foresaid of the several soumes of money under written voluntarly, contributitt be each of ym, vizt, the said William Wilson, the soume of twelve shillings Scots ; the said Jannet Taylour, of the soume of twenty six shillings Scots ; the said Margrat Preston, of ye soume of twenty four shillings Scots, ; the said Andrew Tamson, twenty six shillings Scots ; the said John Perston, of ye soume of threttine shillings and four pennies. Scots ; the said James Hendrie, twenty six shillings and eight pennies Scots ; the said Jannet Reid, threttine shillings and four pennies Scots ; the said John Miller, eight shil- lings and four pennies Scots ; the said Thomas Whyt, of the soume of threttine shillings and four pennies Scots ; the said Jannet Wilson, of the soume of twelve shillings Scots ; the said James Donald, of the soume of six shillings Scots ; the said Alexander Campbell, of ye soume of twelve shillings Scots ; the said Mungo Campbell, elder, of ye soume of four pounds Scots ; the said Mungo Campbell of Netherplaise, of the soume of ten pound Scots ; the said John Spotswood, of the soume of four pounds Scots ; the said John Willock, of the soume of threttie THE VOLUNTARY PRINCIPLE. 257 shillings Scots ; the said John Willock of the soume of threttie shillings Scots; the said James Waining, of the soume of threttie shiUings Scots ; the said Robert Andro, of ye soume of twentie shillings Scots ; the said Abraham Wood, of the soume of twentie shillings Scots ; the said David Wallace, of the soume of threttie shillings Scots ; the said Jennet Lockhart, of ye soume of twentie six shillings eight pennies Scots ; the said Jennet Jamieson, of ye soume of threttie eight shillings Scots ; the said James Richmount, of ye soume of fourtie shillings Scots ; the said John Syme, of ye soume of twenty four shillings Scots ; the said William Fergusson, of ye soume of fourtie shillings Scots ; the said Andrew Hodge, of ye soume of twentie six shillings Scots ; the said John Mitchell, of ye soume of five pound Scots ; the said John Aird, of ye soume of threttine shillings and four pennies Scots ; the said David Boswell, of ye soume of twelve shillings Scots ; the said Robert Hemphill, of ye soume of four pound Scots ; the said James Fisher, of ye soume of threttine shillings four pennies Scots ; the said William Dennistoune, of ye soume of threttine shillings four pennies Scots ; the said Hugh M 'Alpyne, of ye soume of fourtie shillings Scots ; the said William Adam, of ye soume of twentie six shillings and eight pennies Scots ; the said George Boyd, of ye soume of threttine shillings and four pennies Scots ; the said John Syme, of ye soume of fourtie shillings Scots ; the said Bessy Reid, of ye soume of threttie Shillings Scots ; the said William Sawer, of ye soume of eight shillings Scots ; the said James Reid, of ye soume of twentie shillings Scots ; the said George Hendry, of ye soume of sixteen shillings Scots ; the said William Gibson, of ye soume of twentie shillings Scots ; the said John Hunter, of ye soume of twentie-four shillings Scots ; the said Thomas Ferguson, of ye soume of twelve shillings Scots ; the said Agnes Wood, of ye soume of twentie shiUings Scots ; the said Adam Miller-, of ye soume of twentie shillings Scots ; the said Hugh Cowan, of ye soume of twentie-four shillings Scots ; the said Hugh Mair, of ye soume of threttie shillings Scots ; the said Isabel Patterson, of ye soume of twelve shillings Scots ; the said William Paterson, of ye soume of six shillings and eight pennies Scots, which was contributitt voluntarly befor ye said Master James Veitche, as aforesaid ; the said pursuer compeared befor the said Justices, and the said defenders being personally summoned to this day, and being called and not compeared, wherefore said Justices considering that the foresaid sums were contributitt willinglie be ye foresaid several persons befor ye foresaid minister and several other persones for to help to build ye said Kirke of Dalgene, a pious and laudable work, and that it is scandalous and dishonourable for ye foresaid persones to refuse or delay to pay to the said Pursuer the foresd soumes voluntarly contributitt out of yr charitable benevolence, as said is for completing of the said work (which now is near finished and accomplished) Adjudges and Decerns each of the foresd persones to make payment to ye said Pursuer in and to the effect foresd of the said several soumes of money whatsomever contributitt by each of them in manner foresd for advancing of the said good work, and also each of them to make payment to the said prosecutor of ye soume of twelve shillings Scots tor their contumacie, they being personally summoned to appear before them this day, and although called had not compeared for defrayment of the said prosecutor, his Court charges, and besides his charges in payment thereof, and to help to put a bridge over the Blind Burn in the most convenient place for ye people to pass to and fro ye said Kirke of Dalgene within K 2 258 JUDICIAL RECORDS OF RENFREWSHIRE. fifteen days next after requiring be a constable under the pain of poinding or imprisoning each of them for the said soumes decrettit against ym as aforesaid, and to be further punisheJ after ye expiry of ye said fifteen days which is to be bestowed and employed also for advancing the said good work and bridge foresaid. 'Extracted by me, J. M'Allister, Clerk of ye Peace." «fotci) (ttoiniei— Babitr M. to (IBuem ^nne. N supplement of our notes on the standards of gold and silver coins and names of coins from Edward I. to William and Mary, Series i., p. 281, of Selections from the County Records, we now append to this number the names of Scottish coins, from David II. to Queen Anne. According to Aikman's appendix to his edition of Buchanan's Scotland, p. 28, the most ancient coin found was — The silver penny of William the Lion, from whose reign to that of David II. no higher or other denomination of money was coined. David II. coined groats, half-groats, pennies, and halfpennies in silver, but of varying degrees of weight and fineness. Mary coined royals, of x., xx., and x.xx. shillings, generally known by the name of the " Crookstone dollar." James VI. coined money same as Mary, merks, halfmerks, quarter- merks, halfquarter-merks, nobles, and half nobles. In or about the year 1600, Scots money was depreciated to one- twelfth of sterling money, and has so continued. In our notes on criminal proceedings, and the amount of assythments, fines, rents, prices, and wages therein referred to, we have shown these in sepa- rate columns, giving the two values of sterling and Scotch coins bearing like names, such as pounds, shillings, pence, in use subse- quent to 1600, when the relative proportion of the Scotch to the sterling coins in value was fixed. Charles I., like his father, coined merks, halfmerks, quarter-merks, halfquarter-merks, nobles, and half nobles. Charles II. coined >«r-OT«-/J, two-merk, merk, and halfmerk-pieces; dollar of the value of fifty-six shillings, half-dollar, quarter-dollar, SCOTCH COINS. 259 half-quarter-dollar, and one-sixteenth of a dollar, value three shillings and sixpence. It has been remarked that these coins are milled and finely executed. James VII. c6\T\tA forty and ten shilling pieces. William and Mary coined sixty, forty, twenty, ten, undjive shilling pieces. Queen Anne coined ten s.'ndfve shilling pieces. Certain copper Scotch coins were in circulation before the Union, and were known as — The bodle or turner, six to a penny ; the halfpenny or baubee, two to a penny. Some copper Irish and French coins were also in circulation — Irish halfpennies and French doits — but they were declared unlawful by Act of Council. There were also some foreign silver coins in use in Scotland, such as the ducatoon, value six shillings and twopence. They had passed for five shillings and tenpence only, but being raised to six shillings and twopence by Act of Council, great quantities were brought into the Mint and put out of circulation. The dollar, value four shillings and eightpence, was raised by Act of Council to four shillings and tenpence. They were known as the " bank dollar," the "wild horse," the " castle," and the " wild man's dollar." The French crown, raised from four shillings and eightpence to four shillings and tenpence. French guaj'ter-pieces, which passed for threepence each. English Coins. yacobins, twenty-seven shillings. Carolus, twenty-five shillings. Guinzies, value twenty-two shillings — raised to twenty-three shillings and eightpence, without authority, and therefore called in. Old Scotch Coins. Crowns, of James IV. and Mary; and Mark-pieces, called " fourteens." New tnark-pieces, Charles I., II., and in some reigns doubles of the last, called Marks, and raised to half-dollars ; and Four marks, raised also in proportion ; and 26o JUDICIAL RECORDS OF RENFREWSHIRE. Half-pieces, at sevenpence ; and Quarter-pieces, at threepence half-penny. Crowjis and half-crowns of King Wilham ; and Fortypence-pieces. Twentypence-pieces. Fivepence-pieces . A century ago, antiquaries. these were only to be found in the hands of SECTION VIII. RENTS, PRICES, Etc., 1730 to 1750. IntroliucttirB. N the first series of our Selections from the Records of Rejtfrewshire, sec. iv., p. 317 et seq., will be found tables of rents of lands and other heritages, wages, prices of farm stock and produce, implements of husbandry and general merchandise, extracted from the judicial proceedings in the Sheriff Court for the period from 1687 to 1730; and being gleaned from such an authentic source, the information thereby given has the merit of indisputable authenticity and reliableness, and is conse- quently valuable and useful for all the purposes for which such in- formation is desiderated, and especially so for facilitating the study of political and social science. In the present instance we give a short series of tables, as near as possible similar in arrangement, for the twenty years from 1730 to 1750, a remarkable period in our national history, and described by historians to have been a time of transition from a state of paralysis of every interest in the country — agricultural, commercial, and manufacturing — to one of life, improvement, and dawning general prosperity. This change is traceable in our tables by com- parison of the prices in the period from 1687 to 1730 with those from 1730 to 1750. Towards the close of the seventeenth century, poverty was so general among the inhabitants of Renfrewshire that, as we have seen, upwards of two hundred persons of all classes, from the owner of land to the labourer, were in one year prosecuted by a Paisley merchant for sums ranging from ^\ to ;^i5o Scots, being the prices of articles furnished to them for domestic or per- sonal use ; while Crawfurd, in his history of the county, says that in his time, 17 10, everything connected with trade and agriculture was 262 JUDICIAL RECORDS OF RENFREWSHIRE. spiritless and unprofitable. From 1730 to 1750 the rise in prices is very noticeable, and is indicative of that general improvement in the condition of the country which marked the last half of the eighteenth and more especially what is past of the nineteenth century. Besides these tables illustrative of the general condition of the agricultural and urban populations, and of the necessaries or luxuries of life within their reach, we give, as not less interesting, the rents of several of our old Renfrewshire estates, and the inventories of the furniture and plenishing of the Castlesemple and Blackstone families, besides a copy of the accounts of the expenses incurred at the funeral of Robert Semple of Balgreen, Sheriff-Depute of the County, partly as illustrative of the family economy of the better classes of the period, and in fulfilment of the promise made while narrating the history of the families in an earlier section of the volume. ^tnt» of iWailUnss or Jfarms in Hotoet, iKlitrtile, anlr ®pper parts of Knifretoslbii^f • N pursuance of our purpose to make our readers ac- quainted with the rents of lands in the county at various periods, from the middle of the seventeenth century down to the present time, that they may mark their great progressive increase, we now publish, from official documents, rents, at various periods from 1697 to 1725, of lands on the estate of Duchall, then belonging to the Porterfields of that Ilk, and now to Sir Michael R. Shaw Stewart, Baronet, of Blackhall and Ard- gowan, and Colonel Carrick Buchanan, of Drumpellier and Finlay- stone ; also of the lands and estate of Ferguslie, and of lands on the estate of Hawkhead, and of Fingalton in Mearns, these several estates being situated in the lower, middle, and upper parts of the County : — Duchall Rents and Crop, 1725. Scots. Stg. Auchenfoyle, Kilmalcolm, ^^120 o o ;^io o o Hillside, 60 o o ? o o RENTS OF MAILLINGS OR FARMS IN RENFREWSHIRE. 263 Dippings, ;^58 6 8 Casualty — Bere, I Boll. Dippings, 58 6 8 Casualty — Bere, i boll. Dip'pings, 40 o o Dippings, 40 o o Burnbank, -. 50 o o Side, 20 o o Casualty — 4 bolls meal. Side, part of, 20 o o Casualty — 4 bolls meal. Side, part of, 24 o o Casualty — 4 bolls meal. Green, 15 13 4 Mutehill, 30 o o Casualty — 4 bolls meal. Bridge End, part of, 36 o o Casualty — 4 bolls meal. Bridge End, part of, 36 o o Casualty — 4 bolls meal. Eveswood, 52 o o Casualty — 6 bolls meal. Lands on Hawkhead Estate, 1697. Estate of Ferguslie. Year and Crop, ijij- Crukfinnoch of Ferguslie, £'jz Year and Crop, JJiQ' Back of the Hill, £i,T \ Casualties — 4 bolls meal, 3 pecks mattar bere, 9 hens, 4 days man and horse, 4 days of ane man. Craigs of Ferguslie, 58 Commore, 1 20 Casualty — Ane stane of Cheese. Corsebar, 86 Southhills, 23 3 4 Stg. £\ 17 ^%. 4 17 ■^yi 3 6 8 3 6 8 4 3 4 I 13 4 I 13 4 1 6 1% 2 10 o 300 300 468 Blackball, Abbey, 10 acres. ^ acre. ^12 £^ Dykebar, )> 4 6 6 8 10 6K Hawkhead, 4 12 I Dykebar, 5 21 4 I 15 4 Dykebar, 6 6 10 Patterhill, 10 ,, 24 2 Brigburn, 7 4 4 7 Bumside, 3 7 II 8 Thornlie, ■ 2 ,, 25 4 2 2 ^600 4 16 8 10 o o 7 3 4 I 18 4 264 JUDICIAL RECORDS OF RENFREWSHIRE. Year and Crop, 1720. Scots. Stg. Craigs, £S(> 00 ;£'4 13 4 Casualties — 5 bolls meal, 3 pecks multar bere, 12 hens, 12 criells of peats, 4 days' work of man and horse, 4 days of ana man. Craigs of Fergiislie, 48 o o 4 o o Casualties — 3 bolls meal, 3 bolls 3 pecks bere, 6 days of man and horse, 6 days of ane man, and 16 criells peats. Woodneuk of Ferguslie, 24 o o 2 o o Back of the Hill, 43 6 8 3 12 2>i Casualties — 3 bolls meal, 3 bolls 6 pecks bere, 12 hens, 14 criells peats, 4 days man and horse, and 4 days of ane man. FiNGALTON, MeaRNS. Year and Crop, i'ji2. Fingalton, ;^I20 o o j[,\o o o Fingalton Miln, 80 o o 7 13 4 Casualties — 6 hens and 6 capons. Langton, 86 O o 7 3 4 Casualties — 8 hens, and leading 4 carts coal. Langton, 73 3 8 6 i 11 Langton, 85 o o 7 3 4 Walton, 120 00 10 o o Estate of Scotstoun, 1733. David Warnoch, Tenant in Mains of Scotstoun. Silver rent 200 merks, and 12 bolls meal and 10 bolls beer. John Sellar, in Easter Scotstoun, Silver rent 460 merks, and 42 bolls meal and 15 bolls beer. Robert Bowie, Tenant in Damhead. Silver rent 450 merks, and 30 bolls meal and 15 bolls beer. Daniel Carse, Innkeeper at Coalheugh. 18 bolls beer and meal. John Clark, Tenant in Damhead. Silver rent 40 merks. William Young, Tenant in Gateside. Silver rent;£'24 Scots {£,1 sterling), and 2 bolls beer. Miscellaneous. The following rents of tenements and lands, being taken from the Official Records of the County, are authentic and reliable, and will, when compared with the rents from 1680 to 1730, formerly given, enable the student of economical science to see the progres- HOUSTON ESTATE, TENANTS AND RENTS. 265 sive rise in rents both of lands and houses in the to 1750. Vear and Crop. 1 732, Miln and Miln Lands of Little Miln Scots, on Ciaigends Estate, .^214 o 1746, Mailling of Drums — silver rent, 100 o and 4 bolls Bere, 40 o Four Merks Vicarage, 2 6 1747, Mailling of Middle Walkinshaw — Silver rent, 2o5 13 and 23 bolls meal at £'] Scots and 8 bolls Bere at ;^io Scots, 241 o 1747, Mailling of Auchenleck, 118 6 1749, Lands of Nether Denniston, Kilmal- colm, Houses and pertinents, 44 4 1749, Lands and Houses, Horsecraigs, Kil- malcolm, 100 merks, 65 8 1 749, Mailling of Netherhouses in Lochwin- noch, 14 o 1749, Lands of Easterbrae or Wallbrae, Ferenzie — silver rent, 46 4 3 Bolls Bere at ;^7 21 o 1750, Lands of High Hole, Lochwinnoch, 34 o Four Hens, o 2 Year. 1732, House and Yeard, Seedhill, Paisley, 24 o 1745, Shop in Paisley, 6 o 1747, Laigh foreshop in Greenock, 31 4 1 748, Dvpelling House in Paisley, 6 o 1 749, House in Paisley occupied by a Mason, 26 8 1 749, High Chamber in Wallneuk of Paisley, 7 o 1750, The same Chamber, 7 16 1750, Dwelling House in Greenock, 18 o 1750, Room inNew Street of Paisley, 12 o county from 1730 Stg. -£in 16 8 — 868 -368 — o 3 10 3 — I 3 4 — 3 16 8 — I '.S — 2 16 8 — 2 — 2 — 10 — 2 12 — 10 — 2 4 — 11 8 — 13 — I 10 — I 17 4 5X 20 I 8 9 17 2^ 3 13 8 5 9 oX ij^ousttin iBstate, ^Tenants ant) i^cnts, 1731- E have aheady (pp. 72-75) in our section relating to " Old County Families," given a brief history of Houston Estate and its successive owners from 11 60 down to the year 1877. We now, with the view of showing the steady increase in the value of land during the last century and a 266 JUDICIAL RECORDS OF RENFREWSHIRE. half, publish the names of the tenants and rents and casualties for year and crop 1731. Silver Rent. Scots. Sterling. £ s. d. £ s. d. James Patison, in Graeswraes, 60120 5 i o Casualties— Yyic bolls meall and two firlots two pecks or ten merks for each boll yrof, one wedder or five merks, twelve load Coals leading one merk one penny halfpenny for each load, twelve kain fowls or fyve shil- lings for each, six Days Shearing or eight shillings for each, one Days Pleughing or fourty shillings yrfor, two Days harrowing or ten shillings for each. For two bolls one ferlott teind or report Discharge yrof twenty shilling of vicerage, and these for crope 1731- Alexander Renfrew, in Garthouse, 34120 217 8 Casualties — Three Loads Coals leading or one penny halfpenny for each load and for teind crop 1731 or report Dis- charge yrof, and to remove from ye sd Land at Candlemass nixt and ye houses and yerd at May day yi'after, unless he fiiind Caution to pay ye sd rent, 1731, and Labour and Sow ye ground for crope 1732. John Barr in Parrotholme, rent and casu- alties, 1731, 79 18 4 6 13 2y>. Rentfori732, 187 13 o 15 12 9 Casualties — Six load Coals and fyve load peats leading, six henns and half a Days plewing or ye pryce forsd as ye rent of ye sd land for crope seventeen hundred & thirty two years, the terms of payment at Whit and Mart nixt, being first come and bygone, and the Defr ought to find Caution to pay ye sd seventy nyne punds i8sh 4d Scots of rent 1731, and to Labour and Sow the ground for crop 1732, or be decerned to remove and to pay ye violent or double rent off the rent forsd for crop 1732 if he fails and continues a violent possession. Carried forward,. ..;^362 IS 4^30 4 714 HOUSTON ESTATE, TENANTS AND RENTS. 267 Silver Rent. Scots. Sterling. | £ s. d. £ s. d. Brought forward, 362 15 4 30 4 7/3 James Barr, yr, the lyke rent resting of crop 1731, 79 8 4 6 12 4/3 William Smyth in Scart, 163 n 8 13 12 7^ Casualties — Twelve load Coalls leading, twelve henns, eleven bolls one firlott meal or pryce forsd and teind to ye mlnr, or report Dis- charges as his rent and casualitys crop 1731. Item the lyke rent for crop 1732, the terms of paymt att Whitsunday and Martinmas nixt being first come and bygone. i ) Marion Moody, relict of John Holm, in 1 1 ffodstone, as Intromitter wh his goods 1 1 and ffear 14 100 i 4 2 Casualties — Twelve load Coalls and twelve 1 1 kane fowls or pryce forsd and teind for crope 1731. 1 James Edward in Barfillan, Thomas Clark, yr, and ) 1 John Fleeming in markys park. 1 jointly and severally, 26 10 24 2 Casualties — Nyne load Coals leading, Ten and a half load peats leading, Four bolls meall at nyne stone pr boll or ten mks for each boll, one wedder or Fjrve merks Scots yrfore, twelve kain fowls, half a Days ploughing, one days harrowing, one days leading, or ye pryce forsd, and for teind and vicarage, or producing Discharge yroff for crop 1731. In respect he, ye sd John Fleeming, Fyve pound Star- leing for the grass crop of markys park, crop 1 73 1. John Bartholomew in Swanistoun, for ye said lands, and for Robert yeard and tounhead, 90 7 10 Casualties — Fyfteen load Coalls leading, ten and a half loads peats leading, twenty four Carried forward, ;^736iS4 ;^6i 7 ii>^ 268 JUDICIAL RECORDS OF RENFREWSHIRE. Silver Rent. Scots. Sterling. £ s. d. £ s. d. Brought forward, 736 15 4 6r 7 iij^ Cane fowls, one boll beer, half a days plow- ing, or ye pryce forsd, and for teind and vicarage, or reporting Discharge yrof, crop 1731, and to remove at ye terms forsd unless he find Caution in manner a wryn. Margaret Paton, Relict of Peter Morton, in Halywalees, 80 o o 6 13 4 Casualties — Twelve load Coals leading, ten loads peats leading, twenty four Caine fowls, half adays pleughing, one days harrowing, one days leading, or ye pryce forsd, besyde for teind and vicarage, or to produce Discharges yrof, attour re- moving at ye terms forsd, or finding Caution in the terms a wryn. Robert Holm in Staby-lee, Fyfty pund Scots, more twelveipund 1 2sh. Scots, ... 62120 5 4 4 Casualties — Eight Load Coals leading, six Kain fowls, half a days pleughing, or ye pryce forsd, and for teind and vicarage, crop 173 1, or to report Dis- charge yrof. Walter Alexr in Northmains, 95 15 2 7 19 7/^ Casualties — teind, or produce Discharge yrof Archibald Houston in Haircraigs, 50 00 4 3 4 Casualties — Six load Coals leading, and six Kain fowls, and crop 1731, or report Discharge. Alexander Shirer in midmains, 66 50 5 10 5 Casualties — Twelve load Coals, and ten load peats leading, nyne bolls meaU, two bolls beer, twelve henns, three stone butter, one days pleughing, at pryces forsd, and to pay or report Discharges, for teinds and vicarage forsd, crop 1 73 1. Carried forward, ;^i09i 7 (> £()o 18 11; '2 HOUSTON ESTATE, TENANTS AND RENTS. 269 Silver Rent. Scots. Sterling. £ s. d. £ s. d. Brought forward, ...1091 76 90 18 11}^ James Barr in midmains, 66 5 o S 10 5 Casualties — Twelve load Coals and ten load peats leading, nyne bolls meal, two bolls beer, twelve hens, three stone Butter, one days ploughing, or pryces forsd, and or report Discharge of ye ministers teind, crop forsd. Marg : Houston in Hardgate, 8 12 3 o 14 4j{ Casualties — Twelve henns or 5sh each, crop forsd. John Barr in Halcrags, 19 10 o i 12 6 Casualties — One boll beer or rate forsd, crop forsd. Alexr. Houston in Boagston, 45 09 3 15 o^ Casualties — Eight load Coals leading, two and a half bolls beer, six henns or pryce forsd, and or report Discharge of ye teind, crop forsd. James and Matthew Henderson, beyond the hill, 187 13 4 TS 12 9^ Casualties — Twenty seven load coals and twenty load peats leading, seven bolls, one firlot one peck meal, four bolls beer, four stone butter, two days pleughing, or pryce as forsd, crop forsd. William Neilson in East Barshagery, 40 00 3 6 8 Casualties — Nyne load coals and 9 load peats leading, three bolls one firlot 2 peck meal, ane wedder, twelve henns, six Days Shear- ing, one days plewing, two days harrowing, or pryces forsd, and or report Discharge of ye teind, crop forsd. John Wallace in West Barshagery, 40 00 3 6 8 Casualties — Three Load Coals and 6 henns, or pryce forsd, and or report Discharge of ye teind, crop forsd. Item the Carried forward, ;^ 1498 8 10 ;^ 124 17 4f 270 JUDICIAL RECORDS OF RENFREWSHIRE. Silver Rent. cots. Sterling. s. d. £ s. d. 8 10 124 17 4f £ Brought forward, . . . 1498 sd John Wallace and Hew Patison, for Arch Wrights possession, £tj2 19s. 6d. Scots — £2 14s. ii^d. Stg. John Henderson in West Barshagery, 86120 7 4 4 Casualties — Nyne load coals and peats lead- ing, five bolls 2 fir 2 pecks meal, one boll beer, one wedder, eighteen hens, six days shearing, one day pleughing, two days har- rowing, or pryces forsd, crop forsd, and or report discharge of ye teind. Margt Bartholomew in Houstonhead, 100 00 8 6 8 Casualties — Ane wedder, twelve henns, ane veall, ane days plewing, or pryces forsd, and for teind, or report Dis- charge yrof. John Forrester ia Knockhill, 62 10 o 5 4 2 Casualties — Nyne loads coals, fyve load peats leading, one boll two fir: three pecks meal, twelve henns, ten pund Butter, one Lamb, half a days plewing, or pryces forsd, and or report Discharge of ye teind, crop forsd, more fyfteen pund Scots as ye grass rent of ye fir park of Botherickfield the sd year. Wilham Young in Both erickfield, 26100 2 4 2 Casualties — Three load Coals leading, and or report Discharge of ye teind, crop forsd. , Rehct of John Bar- tholomew, in Botherickfield, 75 16 8 6 6 45^ Casualties — Fyfteen loads Coals leading, one boll two fir: three pecks meal, twelve henns, three stone and a half Butter, one days plewing, or prices forsd, and nynteen pound 7shs 6d, or report Discharge of ye teind, crop forsd. For yrf she is lyable, as Intrometter with his goods and gear. Carried forward, ;^ 1 849 17 6^^154 3 i}^ Silver Rent. Scots. Sterling. s. d. £ s. d. 17 6 IS4 3 ^y 3 IS HOUSTON ESTATE, TENANTS AND RENTS. 27 I £ Brought forward, ...1849 James Cuming in West Botherickfield, ... 45 Casualties — N3me load Coals leading, fyve load peats leading, three bolls one firlott two pecks meal, one stone four pund bvitter, half a days plewing, or pryce forsd, and nyne pund fyfteen shilling, or report Dis- charge of ye teind, crop forsd. James Gibb in East Barlogan, 56 13 4 4 14 3^ Casualties — Twelve load coals, fyve load peats leading, two bolls ane firlott meal, two bolls Beer, one wedder, twelve henns, half a days pleughing, or pryces forsd, and twelve pund seventeen shilling, or report Discharge of ye teind, crop forsd. William Moody in , 28 6 8 27 2^ Casualties — Six load Coals, two and a half load peats leading, one boll two pecks meal, one boll beer, half a wedder, six henns, half a days plewing and six pund 8 shg, or report Discharge of ye teind, crop forsd. Alexr Laird, there, 28 6 8 2 7 2^ Casualties — Six load Coals, two and a half load peats leading, one boll two peck meal, one boll beer, half a wedder, six henns, half a days pleughing, or pryces forsd, and six pund 8 shg, or report Discharge of ye teind, crop forsd. John Lindsay in Wester Barfillan, 30 00 2 10 o Casualties — Nyne Load Coals, ten load peats, Four bolls two firlotts meal, one wedder, twelve henns, half a day plewing, one day harrowing, one day leading, or pryces forsd, and nyne pund fyfteen shilling, or report discharge of ye teind. James Barclay in West Barfillan, 26100 242 Casualties— Hyne load Coals, ten load peats leading, two bolls beer, one wedder, twelve Carried forward, ;!^ 2064 14 2_;£'i72 i 2j^ 272 JUDICIAL RECORDS OF RENFREWSHIRE. Silver Rent. Scots. Sterling. £ s. d. £ s. d. 64 14 2 172 I 2% Brought forward, . henns, half a days plemng, one day harrow- ing, one days leading, or pryces forsd, and nyne pund fyfteen shilling, or report Dis- charge of ye teind, crop forsd. Matthew Henderson in East Barfillan, ... 26 10 o 2 4 2 Casualties — Same. John Neilson in Mushington, 40 00 3 6 8 Casualties — Twelve load Coals leading, ten load peats, six bolls three firlot meal, twelve henns, half a days ploughing, one day lead- ing, or pryces forsd, and ten pund ten shil- ling, or produce Discharge of ye teind, crop forsd. John Hatrige in Wraes, 50 00 4 3 4 Casualties. — Twenty load Coals, ten load peats leading, nyne bolls meal, two bolls beer, one wedder, twenty four hens, one days ploughing, or pryces forsd, and twenty pund ten shilling, or produce Discharge of ye teind, crop forsd. John Dougall in Crounloft, 24 00 2 o o Casualties. — Nyne load coals, ten load peats leading, Four bolls two firlots meal, twelve henns, half a day plewing, one day lead- ing, at pryces forsd, and nyne pund fyfteen shilling, or produce Discharge of ye teind, crop forsd. William Craige in Waterlee, 66 5 o S 10 5 Casualties — Eight load Coals leading, one boll two pecks meal, twelve henns, three days shearing att pryces forsd, for sd crop. Hugh Cochran in Bruntmailling, 43 68 312 2^ Casualties — Nyne load Coals leading, seven bolls one firlot one peck meal, twelve heims, half a days plewing, at prices forsd, crop forsd. Carried forward, ;^ 23 14 15 i<:)^j.<)2 17 iif HOUSTON ESTATE, TENANTS AND RENTS. 273 Silver Rent. Scots. Sterling;. £ s. d. £ s. d. Brought forward,... 23 14 15 10 192 17 iif John Martin in Little Cleaves, 28 6 8 27 2^ Casualties — Three load Coals leading, one boll beer, twelve hens, three days shearing. Archibald Houston, in Meikle Cleaves, ... 42 o o 3 10 o Casualties— T^xxt^ load Coals leading, six henns, at price forsd. James Craige in MeiklenewLon, 66 5 o 5 10 5 Casualties — Twenty one load Coals, ten load peats leading, nynteen bolls one firlot meal, one wedder, twelve henns, one days plew- ing, at rate forsd, and twenty fyve pund ten shilling, or produce Discharge of ye ministers teind, crop forsd. Matthew Barr in Greenhill, 48 00 4 o o Casualties — Twelve load Coals, ten load peats leading, six bolls beer, one wedder, twenty four henns, six days shearing, one days plewing, one days harrowing, one days leading, at rate forsd, and twelve pund fyfteen shilling, or produce Discharge of the teind, crop forsd. John Howie in Houston, 31 i 4 2 11 9^ Casualties — Two bolls beer, twelve henns, ten days shearing, ten days work, at rate forsd, crop forsd. George Young, in Houston, 23 9 o i 19 i Casualties — Two firlots two pecks beer, one and a half henns, at rate forsd, as his rent for his possession, yr crop forsd. Janet M'Alister in Houston, 45 00 3 15 o~ Casualties — One and a half henns, rate forsd, as her rent for her possession yr, crope forsd. John Love in Houston, 39 6 8 3 5 6^ Casualties — Ten days work for his possession yr, crope forsd. Carried forward, ;^2638 4 6;^2i9 17 o}^ M 2 274 JUDICIAL RECORDS OF RENFREWSHIRE. Silver Rent. Scots. Sterling. £ s. d. £ s. d. Brought forward, ...2638 4 6 219 17 oj^ Jean Martin, there, 10 o o o 16 8 Casualties — N on e . Matthew Lindsay, there, 24 13 4 2 i i^ Casualties — None. James Gibson, tliere, 24 00 2 o o Casualties — None. James Wodrow, yr, 8 o o o 13 4 Casualties — None. John Barr, there, 27 o o 2 5 o Casualties — None. John Houston, yr, ten pund Scots for his possession yr, crop forsd. Item seven pund ten shiUing for John Gibs pos- session in Carthouse, crop forsd, pos- sessed by you, 17100 I 9 2 Robert Hohn, there, 12 12 o i i o Casitalties — None. Patrick Barr, there, 12 12 o i i o Casualties — None. James Barr, there, for ane acre land, 7 00 on 8 Casualties — None. WiUiam Speir in West Drybourghlaw, 33 26 2 15 25^ Casualties. — Three load Coals leading, and six henns, at the rate forsd, crop forsd. Matthew Caalddell in Northmains, 72 00 6 o o Casualties — None. ;^2886 14 4 ;^24o II ^y-i Thus we find that the rental of Houston Estate, that belonged in 1 73 1 to Sir James Campbell of Houston, was, in silver money, ;£2886 14s. 4d. Scots, or;^24o iis. 2^d. Sterling; and casualities and duties stipulated to be furnished or performed by the tenants as follows :— Meal, 95 bolls, 3 firlots, 3 pecks; bare, 20 J^ bolls; 9 sheep, I lamb, i calf, 312 kain fowls, 16^ days' ploughing, 10 FUNERAL EXPENSES OF SHERIFF SEMPLE. 275 days' harrowing, carting coals and peats 403 loads, 18 days' shear- ing, and 5 days' leading at harvest. These large supplies of farm produce and labour from the tenantry on Houston Estate gave some countenance to the plea urged by a large proprietor in Kilmalcolm parish, not entirely divested of his feudal notions, in an action with his tenant, that he (the Laird) was " master " and the tenant " his servant ; " for a very large proportion of the produce of every farm must have gone to supply the wants of the proprietor, while, from the remains of the produce of their farms, the tenants had to provide for their "silver rent " and the maintenance of themselves and their famiUes. It would almost appear that making a profit was not taken into ac- count as possible by tenants, or that this was made matter of con- cern by his " master," and that in reality the agricultural tenant of that period was little better than a labourer working in the employ- ment of and for the benefit of the proprietor ; and Wilson, in his Agriculture of Renfrewshire, states that many of them occupied no better position. The rental of Houston Estate, now belonging to Alexander Archi- bald Speirs, Esq., in the Valuation Roll of the county for 1876, is ;^667o 9s., shewing the enormous increase in the value of the estate since 1731. jFuncral 3Bx})ettsfs of gf)eriff Sample. 1726. N our notice of the Samples of Balgreen (pp. 62-65), ^e referred to the fact of Sheriff-Depute Semple, a member of the family, dying poor in 1726 after thirty years' service, and to the action raised by his widow, Mary Edmistoue, against her two sons and their tutors or curators, to have the funeral expenses and the household costs to the next term after his decease made chargeable to the estate. We now pubhsh the following accounts produced with the Summons of Constitution 276 JUDICIAL RECORDS OF RENFREWSHIRE. at Widow Semple's instance against her children and their tutors and curators, the various items giving us rehable evidence of the style and costs of a funeral of one in the social position of Sheriff Depute : — I. Accompt of the funerall expence of the deceast Robert Semple, of Balgreen, Sheriff-Depute of Renfrew, debursed by Mary Edmonstoun, his relict. Scots mo. Imprrmus To Margaret Stark, conform to a particular accompt, ;^2i 11 00 Itt to Mrs. Houstoun, 11 04 06 Itt to Mr. Forth, 12 12 00 Itt to Walter Lochead, baker, 07 11 00 Itt to Mrs. Montgomrie, 22 04 00 Itt to Alexander Wilson, winght, 31 08 00 Total, ;^to6 1006 II. Paisley, 10 March, 1726. — Accompt of Ffurnishings By Alexander Wilson, Younger, wright in Pasley, at the Funeralls of the Deceast Robert Sempill of FuUwood, Sheriff-Dept of Renfrew. Imprs for making the Chist and Ffurnishing nyne EUs of black cloath for covering the same, with Handles and other neccssarys there- Scots mo. annent : In all, ;^24 00 o Item pd to William Simpson, Keeper of the morecloath, for the morecloath, 02 00 o It To the poor, 05 08 o Total, £11 08 o III. 10 March, 1726. — Accompt of Ffurnishings By John Fforth, Vintner in Pasley, at the funeralls of the Deceas'd Robert Sempill, of FfuUwood, Sheriff-Dept of Renfrew. Scots mo. To Sex Pints of Claret, £12 12 o IV. March 10, 1726.— Accompt of Ffurnishings By Margaret Cotts, Vintner in Pasley, at the deceas'd Robert Sempill, of FfuUwood, Sheriff-Dept of Ren- frew, his Ffiineralls. Scots mo. Imprs three pints whyte wyne, at 3 shs str pr pint, ^^05 08 o It to 5 Chop: Brandy, at 16/3 Scots per Chop: 04 00 o It to two pints ale and on gill Brandy to the makers of the grave, ... 00 06 6 It to the Gravemakers, 01 10 o ;^ii 04 6 FUNERAL EXPENSES OF SHERIFF SEMPLE. 277 V. Mr. Robert Sempell, of belltries, deator for Schref Sempel funerall. To Mrs Alexander for neseiries as below for Mr. Sempell funerall. 8 March 1726. Scots mo. 2 pund plen besket, at 10 sh, £1 On pund amon besket, i On pund spungis, i On pund clow besket, I 3 forpet scon, 3 pund buter, at 4 sh, o 4/4 dozen eigs, at 2 sh a dozon, o 4 pund corins, at 8 sh, i On pund reisens, at 6 sh, o 3 quar of anions is, o 3 quar of pill sitron, at 2 sh once, o 3 pund sugor, at 9 sh is i 3 gall brand, J4 once old spes, 4 drop clow, i On pund fin sugor for conden eigs, o On pund besk, at o On pund clow besk, i 3 forfets flour, at 18 sh a pek, is o For, o 10 10 12 9 12 6 6 12 12 4 7 16 10 10 13 6 5 320 Inholl, .^18 09 On perjfin black glove, cost £1 4 o On per gloves, for a child, , 080 On hat, cost i 10 o ;^03 02 o Received the above accompt, and decherg the same the 22 March, 1726, by me Margrat Stark. Sir, — Recev according to order. I have endevered to plese you as much as I could in macking the scon as short and as reight as cowld be, my humble servis to your Lady, your obedent sei-vent, Marokat Stark. Glowd, ye carier, is very displeased that he is keep so long, but I cannot mack great hast. ^ VI. 10 March, 1726. — Accompt of Furnishing, By Mrs. Margaret Montgomry, Sewster in Pasley, at the deceas'd Robert Sempill, of FfuUwood, Sheriff Dept of Renfrew. Scots mo. Imprs to 23 ells of Creap, at l5 sh per ell, ;^i8 08 o It to a pair of Gloves and Knittings, 00 14 o It to makeing of the Dead Cloaths, 0312 o .^22 14 o 278 JUDICIAL RECORDS OF RENFREWSHIRE. VII. March 9. — Shrive Shimepell, his account of his Ffunrille Brieed. Scots mo. Itm 4 peak of flouer beken, ;^03 12 o It half peak in scone, 00 09 o It ii pound of butier, 0204 o It pound and half coraines, 00 15 o It 8 shite of peper, 00 01 o It 6 pence lofe and pint of yeaill, 00 08 o It a once spices for the scone, 0002 o It payd to Robert Makomry and SamouU Ross, for carying the buiyall letters, 01 10 o It to Gloud Morsone, karier, for bringing serten necesaries from Glasgow, 00 06 o In all, £ot) 07 o Pasley, 14th March, 1726. — Then receaved by the hands of Robert Sempill, of Belltrees, In name of Mary Edmonstone, relict of the sd Deceast, Rob. Sempill, Compleat payt of the above account of Nyne pund seven shilling Scots By me. Walter Lochhead. VIII. March 8, 1726. — Accompt of furnishings by William Snodgrass, mercht in Pasley, to the ffunarle of the decesed Robert Sempill, of FfuUwood, Sheriff- Deput of Renfrew. Sterling. to 9 yds of quins crep at 2 sh 2d per yd, ;^o ig 6 to 7 ells of fine shallown at 16 sh per ell, O 09 4 to 2 yds and a qr of cloth at 13 sh per yd, \ 09 3 to 2 ells and 3 qr blak shallown at 1 6d per ell, 003 8 to 2 yds and a half qr blak cloth at 12 sh yd, I 05 6 to 6 qr blak cloth at 8 sh per yd, 012 o to 4 ells blak sharge at i6d. per ell, o 05 4 to I ell backram and I ell waddin, 001 5 to 2 piece stay top and 6 drops silk, o 01 2 to 3 wins of blak ducth thrid, o 00 9 to ^ win grae thrid, id ; 5 qr sharkin, Ild, 001 o to 9 bige bottonds, and 2 dozon small, o 00 10 to 8 drops blak twist 3d, o 00 3 to 2 ells % blak sharge, at l6d pr ell, o 03 4 ;^5 13 04 to 2 yds j^ blak cloth, at 8 sh yd, I 00 o to 2 ell ^ blak sharge at i6d ell, 00 03 4 £06 16 08 to the 2 pattons, for seritors at the ffunarell, 00 5 00 VALUATION OF LANDS IN LOCHWINNOCH PARISH. 279 Pasley, March 14th, 1726. — Receved from Robert Sample, of Belltres, in name of Marie Edmoston, Relick of said decesed Robert Semple, the sum of five pound seven shillings eight pence half pence sterling money, in part payment of the above accompt by me, Wm. Snodgrass. Note. — This account does not appear among the accounts for funeral charges or mournings, specified in the summons. Ualtiatiott of JLanirs m iLoc!)SDinttoci) iParisi). 1731. N our description of "A Two Years' Plea regarding a Church Seat " in the Parish of Lochwinnoch, at page 131, we promised to give in the present section a copy in extenso of certain historical documents which were produced in the process, and which are of considerable interest, as showing the valuation of lands in the parish in 1731, the amount of accommodation effeiring to the lands, and the allocation of each heritor's proportion. The documents were found in the custody of Colonel M'Dowall of Castlesemple, the patron, and produced by him, and, consequently, are to be regarded as perfectly authentic. We now annex copies of them, consisting of — I. The Valuation of the Lands in Lochwinnoch Parish, 1731, and the number of feet and inches in the Parish Church erected in that year eifeiring to the lands, and the measurement of those portions not allocated to the heritors. Sq. Feet. In. Lands of Glen of Calderhaugh, ^^2132 198 — 916 7 Barrony of Sempill, 830 13 4 — 356 10 Vassals thereof, 413 i 8 — 177 11 Barr's vassals, 414 9 2 — 177 11 Marquiss of Clydesdale, 567 10 o — 243 10 Gavan & Risk, 516 134 — 221 11 Auchinbathie Wallace, 402 o o — 1 72 10 Auchinbathie Blair, 384 00 — 165 5 Ralstone, 140 16 8 — 60 4 His vassals, 192 100 — 82 9 JUDICIAL RECORDS OF RENFREWSHIRE. Sq. Feet. In. Ciaigmuir, ;^I33 6 8— 57 5 Dundonnald, : 100 00 — 42 li Auchingowan Stewart, 366 1 3 4 — 157 6 Total, Barr's excluded, £6S94 13 8 Sacrament tables, 240 feet, whereof is taken off 105 for moveable seats —remains, 135 ° Pulpit, elders', and baptism seats, 68 o Minr. 's seal, 28 feet — entry at his door, 9 feet, 37 o Stairs and entrys at east and west ends, 254 o Total, 3328 2 Alex. Perry, II. MEASUREMENT OF PARISH CHURCH. Sq. Feet. In. Area of the kirk, 1638 o East gallery, 416 o West gallery, 338 o Southisle, 356 8 Do. gallery, 356 8 North isle, gallerie excluded, 223 4 Contents, 3328 8 III. CERTIFICATE OF THE SUFFICIENCY OF YE KIRK ACCORDING TO CONTRACT. We, James Baird, mason in Paisley, and Robt. Kirkwood, mason in Sunny- acre, being called and desired by the pat.on and heritors of Lochwinnoch parish, in a meeting this day, to inspect the Parish Kirk, which is lately rebuilt, and compare the same with the undertakers' contract, and give in our condescen- dence thereanent — accordingly, after meeting and inspecting, we find the whole kirk to be built conform to the whole dimensions in the said contract, and that the whole stone and timber work is sufiicient, and that in place of the arched window in the south isle, the same is placed on the south side of the east end of the kirk (they say by the managers' directions). Also, we find, over and above tlie articles contained in the said contract, that the bell-house and deall-place is better than Kilbarchan ; also, the south isle door is raised two foot, together with the two laigh windows there, and the stair of said isle repair' d, and the steps of the stair of the west door, which is not contained in the contract. In witness whereof, these pnts. , written by John M'Dougall, servant to Colonel M'Dowal of Cattle semple, we have subscribed these presents, at Lochwinnoch, the second of February, seventeen hundred and thirty-one years, before these witnesses, James Orr, wright at Lochwinnoch, and the said John M'Dougall. (Signed) James Baird. Jambs Orr, witness. R. K. John M'Dougall, witness. VALUATION OF LANDS IN LOCHWINNOCH PARISH. IV. MINUTE OF MEETING OF HERITORS. Lochwinnoch Kirk, the 20th of Aprile, seventeen hundred and thirty-one years, — In terms of an intimation from the pulpit to meet this day for the Bar- rony of Glen and Calderhaugh to subdivide their seats, in the kirk, sederunt the Laird of Barr, Mr. Robt. Orr, Mr. Robt. Bryden, Millbank, Robt. Bryden, and the generality of the heritors \Yithin the Barrony — the Laird of Barr elected preses. In the first place it is agreed that the haill heritors that are entitled to two whole seats or one whole seat and a part of another that the said part is to be taken back, and that each heritor shall otherwise be preferr'd conform to their valuations, and the choice of their situations to be according as they are marked this day ; and, for subdividing, hereby nominates and appoints William Cochran of Edge, John Caldwell of Lochside, and James Orr, wright at Loch- winnoch, with the assistance of John M'Dougal, servant to Colonel M 'Dowall, to measure off each heritor's proportion in the Barrony accordingly, and mark the proprietors' names on the said seats, and that betwixt and the first day of May next. Signed in presence of the haill heritors, by Alexr. Hamilton. Alexr. Perry. V. DIVISION MADE BY ROBERT ORR AND WILLIAM COCHRAN OF SEATS IN THE KIRK. Millbank & Robt. Campbell there, 3 first seats, south row, gallery. Plantillie, two midle first seats in the gallery. 2 Bums & the Brodies in Clock, two first seats, north row, gallery. Mr. Brodie, Calderhaugh, & Latto there, two first seats south row, below. Robt. Fultone, Bailie and Aikenhead baith, 3 & 4th seats, south row below. Robt. Brodie, Linthills, & Donald there, two moveable seats. John Orr, Jaffralstook, & James Latto, Gavelmoss, two first seats, middle row, below. John Kirkwood, Keamhill, & Wilson, Bamock, 3d & 4th seats, midle row, below. Robt. Brodie, Fairhill, first seat, north row, below. John Aiken, Bamock, 5th seat, south row, below. David Brodie, M 'Donallie, 6th seat, south row, below. James Orr, Midhouse, 5th seat, midle row, below. Richie Kers, 2d seat, north row, below. Daunie Calderhaugh & James Orr, smith, Lochwinnoch, 7th seat, south row, below. Montgomerie, Clock, 3d seat, north row, below, with 5 lib. of Orr, Midhouse. Parker, Hill, & Orr, wright, Lochwinnoch, 4th seat, south row, gallery. Keer, Beith, & 7 lib. of Brodie's Fairhill, 6th seat middle row, below. Orr, Hills, 3d seat, middle row, gallery. Holm, Tandlemuir, & Brodie, Artnocks, 4th seat, north row, below. Wm. Brodie, Mavisbank, with some of his father's, 4th seat, middle row, galleiy. Wm. CaldM'ell, Yard-foot, 3d seat, north row, gallery. N 2 JUDICIAL RECORDS OF RENFREWSHIRE. John Clark, Linthills, 5th seat, middle row, gallery, & Tarbot, Lochwinnooh. James Orr, Langyard, & Aikenhead, Beith, 7th seat, middle row, below. John Aiken, Keam, & Cochran there, & Brodie, Knockbartnock, & Sempill, & Cloak, 4th, 5th, and 6 seat, north row, gallery. Wm. Orr, Keam, & Cochran, Barrs, Willson, Barnack, for 2 lib. , two stair head, north side, gallery. Wm. Cochran, Edge, and WiUiam Latto, Gavelmoss, 8th seat, middle row> below. Wm. Kirkwood, Lang-yard, and Flimings, Old-yard, 8th seat, south-west, below. Wm. Glen, Gillsyard, & Caldwell, Yardfoot, for something he wants, 6th seat, middle row, gallery. John Blackburn, Sanistone, & Jamieson, Cowenstone, 5th seat, north row, below. Margt. & Janet Glens, Gillsyard, & Janet Aiken, Auchenhean, 5th seat, south row, gallery. Jo. Alexander, for Knock Bartnock Latay, & Jamieson, Millbank, & Cochran, Johnshill, 9th seat, south row, below. Robt. Fultone, Bailie, Andrew Brodie, Longcroft, and 7 lib. that Longyard wants, 3d & 4th seat, south row, below. Wm. Lattay, Gavelmoss, is to put up a little seat of 4 foot long, behind the middle row of seats, below. Robert Orr. Will. Cochran. Extracted by me, — Alexr. Perry. ^lenisi)ing of dastlesemple. 1748. N our paper on the " M'DowalFs of Castlesemple," (pp. 67-72,) we promised to give in extenso in the pre- sent section, the Inventory of the Household Plenishing of the family at the death of Colonel William M'Dowall, in 1748. The thoroughness with which the Inventory seems to have been taken makes it all the more satisfactory to those who like to have a peep into the social comforts of the County families of the period. Pewter Articles in Kitchen. 26 Pleats, large and small. 78 Plain Trunchers. PLENISHING OF CASTLESEMPLE. 283 18 Soup Trunchers. I Dozen Watter Pleats. 2 Bassins. 2 Jugs. Bed Pan. 2 Flaggons. I Pint Stoup, I Chopine, 1 Mutchkine. 3 Covers for Dishes. 6 Old plain Pleats. 7 Soup Pleats. I Dozen new Pleats. In Mrs. M'J^ell, Houstkeeper 's Room. 3 Gilt China Pleats. 1 Dozen Trunchers. 3 Blue and White Dishes. 1 1 Blue and White Cups. 2 Cracet Bowls. 6 Coloured Jacklet Cups. 5 Spoons for Tea or Pickles. Large Gilt China Bowl. Brown Stone Milk Pott and Jug. \% Dozens Small do. Trunchers. 5 Little China Cups. 27 Water Glasses and Pleats. Ten Flowered Drinking Glasses. ^ Dozen Small Dram Glasses. 12 Tea Cannisters. 1 China Bowl. 2 Little Bowls and 2 Small Flowered China Bowls. 21 Breakfast Cups and 24 Saucers, blew and white china. Blew and White Sugar Box, Little Bowl. 7 Cups and 3 Saucers, blew and white. Blew and White Delph Bowl. 3 White Stone Tea Pots. Yz Dozen Pairs Snuffers and Flats. 3 Stone Decanters and 3 Sauce Cups. Blew and White Delph Basson. 2 Doz. and 7 same Trunchers, various kinds. 17 Broken Pleats. 3 Glass Cruets. II Trunchers. 6 Coloured Cups and Saucers. I Brown Milk Pott. 1 Pleat. 2 Tea Pots. 15 Delph Dishes, all sizes. Total value, £11 9s. iid. 284 JUDICIAL RECORDS OF RENFREWSHIRE. In Dark Closet called the Library. Reymer's Fsdria Angliee, £"^0. Severall small Books valued at £\'l). In same Room. 10 Chopine Bottles Clarett. 4 Doz : 8 Bottles Sunirb. 5 Bottles Clarett. 5 Mutchkin Bottles Citron Watters. 21 Chopine Bottles Rack. 7 Chopine Bottles Fountenack. 5 Dozen and 4 Chopine Bottles Madera. 22 Mutchkine Bottles and 6 Dozen and 4 Bottles Rum. The whole valued at £l'^ i6s. 8d. Silver Pleat. The Silver Pleat at Castlesemple, being weighted, amounts to 35 lbs., at 5s. 4d. per oz., £^V) 6 8 I Case Breakfast Knifes and Forks in a Shagreen Case ; 24 Old Silver-hafted Knifes and Forks ; and 23 Silver Knifes in a Shagi-een Case, some of them worn out, ... 16 o o I Empty Shagreen Case, o 4 o I Gold Watch, 13 o o I Silver Pick Tooth, i oz., o 5 4 I Pair Silver Shoe and Knee Buckles, i^ oz., o 7 8 Large Dining- Room. I Large Wallnutt Tree Table, ;^o 15 o 12 Chairs of Alam (Elm), 440 I Bagammon Table, with Men, Boxes, and Dice, o 8 o I Chimney (Grate) and Furniture, o 18 o £(> 5 o Vestibule. I Eight-Day Clock, £^ o o I Tea Table, o 6 o I Standing Ladder, O 2 o I Lanthom 030 £a II o Parlour. 1 Large Looking ^Glass, £^ o o 22 Maps and a Weather Glass, I 4 o I Mahogany Desk and Cabinet above ye same, 4 o o 3 Plain Tree Tables, 200 I Chimney Mounted with Brass and all its Furniture, 1 o o 12 Chairs and Ane Arm Chair, 200 I Floor Carpet, o 15 o £^', 19 o PLENISHING OF CASTLESEMPLE. 285 Green (Bed) Room. Green Moyhair Bed and Window Hangings, £\i o o 6 Fine Wallnutree Chairs and Easie Chair and two Foot- stools, 5 o o I Looking Glass, 4 o o I Yi Chest Drawers, i 10 o I Doun Bed, 5 stone, at 15s., 3 15 o 1 Chimney Ornamented with Brass and its Furniture, i o o Oke Covering (Screen), 100 2 Sconces, o 7 6 Closet. I Bedstead and Old Fir Table, o 10 o ;^29 2 6 West Caligo Room. I Caligo Bed and Bedstead, £1 o o I Doun Bed, with Bolster and Pillows, 3 stone, at lis.,... I 13 o 1 Doun Bed, Bolster, and Pillows, 5 stone, at lis., 2 15 o Chest Mahogany Drawers, i to o 6 Chairs and Easie Do., I 17 o 2 Easie Chairs and Footstool, 1 19 6 I Little Looking Glass, o 7 o I Chimney Mounted with Brass and its Furniture, i o o I Table, o 9 o 1 Covering, i}^ yards Foot Cloath, o 10 o 2 Leafs of Wyter Dycks, o i o I Chest Mahogany Drawers Avithout Furniture, i i o I Japaned Tea Table, with 14 Cups and Pleats and Hand Bowl, 326 8 Cushions, o 4 o ;^2I II O Yeallow Room. I Yeallow Moyhair Bed and Window Hangings, £% o o I Doun Bed, 4stones at 12s., with Bolster and Pillow, ... 280 I % Chest Mahogany Drawers, i 10 o I Looking Glass, 4 o o 4 Chairs, and ane Arm Chair, 2 9 o I Chimney, mounted with Brass, and its furniture, i o o Closet. I Bedstead 030 I Feather Bed, with 7 Pillows and a Bolster 017 6 £20 9 6 Mr. M'DowaH's Room. I Feather Bed, 5^ stones at los., ;^2 15 o I Cabinet and Table, o 10 o 4 Chairs, o 6 o 286 JUDICIAL RECORDS OF RENFREWSHIRE. 5 Maps, ^020 1 Chimney, and Furniture, o 5 '-' N'orth-West New Room. 2 Chimneys, with Shovels, Pokers, and Tongs, £2. o o I Old Bedstead, 050 I Table, 030 1 Elbow Chair, 076 I ^ Chest Mahogany Drawers, without Mounting, i o o 4 Maps, and Lord Lovat and Miss Cameron's Pictures, ... o 10 o 4 Frames of Footstools, o 8 o I Chalf Bed and Feather Bolster, 030 1 Closs Box without a Pan, o i 6 £a 18 o Bed and Table Linnen. 12 Pair Linnen Sheetts, £\2 12 o 4 Pair Old Linnen Sheetts, 2 2 o 20 Pair Bolster-Slips, at 3s. per pair, 300 12 Pair Pillow-Slips, at IS. 6d., o 18 o 12 Pair Pillow-Slips, o 10 o 5 Pair Pillow Slips, 050 5 Pair Old Pillow Slips, o i o 18 Pair Holland Sheetts, at 31s., 27 18 o 13 Pair Strachen Sheetts, at 4s., 220 5 Pair Strachen Sheetts, at 15s,, 3 '5 o 15 Pair Ham Sheetts, at 2s i 10 o £il I o Ommitted in the Back Calligo Room, ^ Chest Drawers, .. . ;rfl 10 o 3 Chairs and ane Arm Chair, i 2 o Ommitted in Mr. M 'Dowall's Room, i Looking Glass, ... 060 Ane Error of a Chimney in Fore Tim Fance, o 2 o 6 Old Pillow-Slips, 030 lyi. Ham Sheets, o 3 4 Gold Servets and gold Tea Napkins and 10 Table Cloaths, 5 5° 6 Table Cloaths and I dozen Napkins, 4 16 o ;^i3 7 4 4 Table Cloaths, at i8s. perpair, and 3 dozenNapkins, 20s., £(> 12 o 4 Dozen Pair Table Cloaths, at i6s., and 2 dozen Tea Napkins, 5 l8 o 2 Table Cloaths, I2S. per pair, and 2 Dozen Napkins, at 15s., 2 14 o 2 Table Cloaths, i6s. per pair, and i dozen Napkins, at I2s., 240 I Yi Dozen Tea Napkins, at 6s. per pair, 2 3 o PLENISHING OF CASTLESEMPLE. 287 6 Table Cloaths, at 18s., /5 8 o 1 Damask Table Cloath, o 18 o 18 Table Cloaths, at 1 2s. per pair, 10 16 o 15 Servets, at 15s. per doz., o 18 9 ;^28.IS 9 2 Fine Damask Table Cloaths and 2 dozen Servets, 8 o o 25 Toolls, at lod. per pair, i o 10 21 Toolls, 070 15 Bird's-eye Toolls, o 15 o 16 Small Toolls, 028 6 Coarse Table Cloaths, at l8s. per doz. , o 9 o 6 WooU, at 20d. ea. , o 10 o 12 Basson and 12 Potts, 050 £11 9 6 North - West Garrett. 1 Old Chimney and 2 old Wheels and I old Cloath-bag, . . ;£'o 12 6 3 Pair Blanketts with red selvages, i 10 o 3 Pair Blanketts with blue selvages, i o o 4 Pair Large Milnd Blanketts, o 16 o 4 Pair Fine English Blanketts, 280 4 Pair Milnd Blanketts, made in 1737, o 16 o 14 Pair Blanketts, made in 1 747, 400 7 Pair Blanketts, made in 1743, 220 3 Pair Blanketts, made in 1728, I 16 o 3 Pair Blanketts with blue selvages, i 16 o to Pair Blanketts, a kind of English Do., 400 II Pair Half-Blanketts, at 2s. 6d., i 7 6 6 Pair Half-Blanketts, at 8s., 280 7 Pair Half-Blanketts, at 4S., i 8 o 18 Pair Half-Blanketts, very old raggs, at IS., o 18 o 2 Old Calligoe QuUts, .■■• 050 I Old White Rugg, o i o I Old Brown Matt, 008 3 Old Coverings, o i 8 I Covering, 016 I White Calligoe Quilt, o 15 o I Marseled Quilt or Bed-mantle, .' 3 o o -^31 3 4 Body Cloaths in Dark Closet off ye Trance, and in Bed -Room Press. I Old Suite White Cloaths, mounted with a silver lace, .. . £,\ 10 o 1 Old Drab Cloath Coat, Vest, and Bretches, i i o 2 Suite Black Cloaths, 3 o o I Suite Light Drab Cloaths, 3 1° o I Light CoUoured Coat, o 15 o JUDICIAL RECORDS OF RENFREWSHIRE. 3 Old Cloaks and a Big-coat, £2 o o 2 Old Velvet Caps, o 10 o I Pair Boots and Gambados, o 10 o 1 Pair Old Boots, 050 16 Ruffled Shirts, veiy much worn, 6 o o 4 Night Shirts, o 12 o 2 Flaning Vests and a Fustine Vest, o 3 o 8 Cotton Caps, o 6 o 2 Calligoe Night-Gowns, i o o 6 Pair Course Thread Stockings, o 10 o 7 Pair Worset and 5 pair Silk Stockings, i 10 o 4 Old Silk Handkerchiefs, o i o 7 OldWeggs, o 15 o 4 Pair Shoes and 2 pair Slippers, o 10 o 18 Old Cambrick Napkins, o 18 o £2i 6 o A Gold Watch with 2 Cornexban Seals, £it, o o I Silver Pick Tooth, qt. i oz. at 5s. 4d., 054 1 Pair Silver Shoe and Knee Buckles, qt. i^ oz. , o 7 8 2 Little Boxes, o 2 o 2% Yards Gray Cloath, o 3 4^'4 I ^ Yards Blue Cloath, o i 10^ 15^ Yards Fine Blue Cloath, at 2s. per yd., i 11 6 3 Yards Playding, o o g A Parcel of Bend Leather, valued at o 10 o £i(> 2 ^txii l^oll of ti)e ISlacltstottf IBstate in 1749- N 1750, Alexander Napier died infeft, and seised in the lands and Barony of Blackstone, described in his titles as All and Haill the ten-shiUing land of old extent, of over and Nether Blackstone, with the tower, fortalice, manor place, houses, biggings, yards, dovecotes, meadows, greens, woods, orchyeards, fishings, muirs, mosses, marshes, and haill parts and pertinents of the same. Item, all and haill the ten-shilling land of old extent of Middleton, and fourty-shilling land of old extent of Linwood, with the cruivs and fishings thereof, and haill parts and pertinents lying within the Parish of Kilbarchan ; as also, all and haill the green or fence, with the yards and plantations of the same, with the dykes and ditches extending to 4 acres of land or thereby. RENT ROLL OF THE BLACKSTONE ESTATE. 289 part of the lands ofCandren in the North, the water called Candren burn, within the parish of Paisley and regalitie thereof. Also, all and haill the corm miln, called carts miln, otherwise Fulton miln, multures, knaveship, sucken, sequells, and others. From a judicial inventory prepared by Mrs. Marianna Johnstone, relict of the deceased Alexander Napier, and tutrix dative to his only son and heir, Alexander Napier, the rental of the estate of Blackstone for crop and year 1749 was as follows : — LANDS. Lands. Tenants. Rents. Middleton, James Sempill, £z'^ o o 25 bolls meal, with the weights and measures of the Barons of Blackstoun, and 24 hens. Linwood, James Kyle, 8 6 8 10 bolls meal, weights and measures foresaid, 12 hens, and 8 days' service of workman. Linwood, John Young, 42 10 o 20 bolls 4 pecks meal, and 5 bolls bear, and 18 hens. Boghead, James Wark, 7 II i 6 hens. Green, Allan Speir, 17 6 o 12 bolls meal and 5 bolls bear, 24 hens, and 6 days of workman. Gowan's Park, Allan Speir, 6 15 o The Miln of Cart, Miln Lands, Multures and sequels and lands of Flowers and Sandyhllls, ...John Rodger, 17 10 o 10 bolls of meal, 30 hens, and 3 days' service of ane man. Mains of Blackstoun, Andrew Jackson, 26 13 4 20 bolls meal and 6 hens. Puddock-raw, George Barr, 2 18 4 5 hens. Muirhead, James Stewart, 2 I2 o 5 hens. Muirhead, Allan Stewart 3 8 4 9 hens. GKASS MAILLS. Linwood, John "Wilson, o 18 4 Parks about Mansion House, Little Park, James Boyd, meal millner. Paisley, 14 5 o Clover Park, High Park, Moss and Bent Ground, and gar- dener's house and byre, and half of barn, Matthew Connel, 30 10 o O 2 o 290 JUDICIAL RECORDS OF RENFREWSHIRE. GROWING CROPS. Lands. Tenants. Rents. 1 acre 32 falls James Sempill, i!^2 17 7 2 roods 20 falls, John Renfrew, merchant. Paisley, ... 310 Corn on west side of burying ground, John M'Gowan, Ferguslie, 658 2 acres 28 falls, Robert Hodgart, Blackstoun, 7 5° 3 roods 3 falls 3 ells, William Kelly, merchant. Paisley, ... 311 o I A. 2 R. 10 F. and 3 E., William Kelly, 3 5° 3R. 31F. 3E., William Kelly, 5 13 7 Corn and bear, I acre, James Allan, in Candren, 2 4 o 1 A. 2 R. 20 F. 3 E., William Kelly, 9 10 3 2 A. 15 F. and 3 E., William Kelly, 10 910 I A, I R. 8 F. 4E., William Kelly, 5 4 4 I R. 30 F. bear, Robert Hodgart, I A. 2 R. 35 F. bear, Walter Neilson, New Thorn, Paisley, 5 10 i A considerable part of the rents being payable in meal, there were found in the meal garnels at Blackstone, at Alexander Napier's death — In the big garnel, 48 bolls and 3 pecks ; in the north garnel 32 bolls. This meal was sold to Walter Neilson, merchant in Paisley, at 10 merks, or los. 5d. sterling per boll. In the middle garnel, 32 bolls kept for use of the family. The farm produce, cattle, and farming implements were, after the decease of Mr. Alexander Napier, sold by public roup as follows : — PnrcJiasers. 4 rucks of hay at 4d. stg. per stone, Robert Hodgart. Stack of new hay, i %d. stg. per stone, Do. Old hay stack, and one ruck of clover hay, 4d. stg. per stone, James Semple. Ruck of clover hay, 42^ d. stg. per stone, Robert Hodgart. Ruck of hay, 4|4fd. stg. per stone, James SempiU. Ruck of hay, 5^d. stg. per stone, James Sempill. Ruck of clover hay, 6d. stg. per stone, James Sempill. CATTLE ROUPED. Black Cow, ;^3 i8s. ; brown cow and calf, ^\; ane quey, £'i 17s.; black q^eyj £'^ 2s. ; broAvn horse, £\ 13s. 4d. ; black horse, £(i 7s.; old brown mare, £<:>■ FARM IMPLEMENTS. Two ploughs, £\ los. ; cart, 14s.; seven old Hems, is. id.; 7 timber ploughs, IS. 8d. ; 4 old harrows, 7s. 2d.; rig wuddie, 2s. gd. ; iron chest, l6s. 6d. ; 3 stones and 3 lb. weights, 8s. 4d. In striking contrast to the foregoing rental of Blackstone estate is its rental for crop year 1875-76, exclusive of minerals, amounting to ;^249° 3S-; and with minerals, ^Z9^^ S^-; thus showing the FURNITURE AND PLENISHING OF BLACKSTONE HOUSE. 29I immense increase of the yearly value of land in the county within little more than a century. The landlord also having now the ad- vantage of his lands being let in large farms, and the difficulty felt in olden times of collecting small amounts of rent from numerous tenants, with a small extent of land in their occupancy, being now unknown. jfutniture antr ^Ijnisijing of iSlacfestone f^ouse, 1751- IKE the Inventory of Castlesemple already given, that of the furniture and plenishing of Blackstone House, at as nearly as possible the same period, affords evidence of the comparatively plain and simple notions of domestic comforts of our old County families, as compared with the ostenta- tious and expensive luxuries of our own time. Blackstone Inventory, i7';o. Dining Room. In the large dining room one large mahogany eating table, one dozen small chairs with black leather bottoms, two arm'd chairs with same bottoms, with a large polish'd gi'ate, tongs, and pocker. One set of black and white prints, con- sisting of twenty-five pictures. Scotch matt for floor. Drawing Room. In the drawing room one looking glass, six small chairs and two arm'd ones with sow'd bottoms, one polish'd giate, with tongs and pocker, one mahogany tea table. Turkey carpet for floor. Best Bed Chamber. In the best bed chamber one bed, with strip'd threed satin curtains, one sow'd silk bed mantle, one looking glass, one half chest of plain-tree drawers, four small chairs, one arm'd chair uncovered in the bottom, one easy chair, one grate, with tongs and pocker. A Scotch matt for floor. Little Stairhead Room. One tent bed of figur'd cotton cloath, one small plain-tree dressing table, one grate. Low Parlour, One dozen chairs, with brown leather bottoms, one small plain-tree eating 292 JUDICIAL RECORDS OF RENFREWSHIRE. table, one small plain-tree four comer'd table, two sconce looking glasses, one grate, tongs, pocker, shovel, and elate, with a fender, one large oyl cloath upon the floor. Closet. In the closet, -within the parlour, one tent bed with curtains made of Glasgow plaids, one grate without tongs, a big wheel for spinning wool, three spinning wheels for lint, a cheek reel, pair of swifts for spinning yarn, four lint deckles. Low Bed Chamber. One bed, with dark killymanky curtains, with eight old fashion'd timber chairs and two arm'd ones, one small mahogany oval table, one small looking glass, one grate, with a pair of tongs. West Wing. One bed, with green worsted stuif curtains, one large dressing glass, one easy chair, one green Windsor chair, six chairs with old leathern bottoms, four more of same kind being through the rest of the rooms, one gi'ate, with tongs, pocker, shovel, elate, and fender. Room above Drawing Room. One bed with old green and white worsted damask curtains, one old grate, without tongs, one old large plain-tree eating table, one old clock, twa box beds. Stair Case. In the stair case a new clock. Room above Brew-House. One bed with striped blue and dark-coloured worsted stuif curtains, one close timber bed, one old grate, one old folding table, one little table. Kitchen. One large iron grate, one pair of raks, two spits, five iron pots large and small, one copper sauce pan, two copper goblet pans, one brass pan, two tables, one pewter rack, one white iron dripping pan, a black iron frying pan. Brew-House. One large copper kettle, one masking fatt, four working fatts. Nursery. Three close beds, three chairs, and four stools. Roovi above JCitchen. Two close beds and two old chairs. Pantry. In the pantry one large press, one four corner'd table, two brass pistles and mortiers, one lignumvittie pistle, and seven pair of servants' sheets, two bed twilts, one figured cotton bed mantle, a large press for holding linen. Napery. Common sheets twenty-two pair, three half sheets, twenty-two pillow cases, FURNITURE AND PLENISHING OF BLACKSTONE HOUSE. 293 six pair Holland sheets, three half sheets of Holland, twenty-six common table cloaths, two dozen new coarse servits, one dozen and one half-doz. old ones, nineteen towels, five damask table cloaths, six diaper table cloaths, two dozen and two damask servits, four dozen and fom- daper servits, five small tea servits. Blankets forty-six pair and nine half ones, whereof a great many old. Feather beds ten, nine bolsters, seventeen pillows. Pewter ajid Copper. Four soup dishes, eight plain dishes, eight ashets, two dozen and one soup plates, four dozen and eleven plain plates, one flagon, one pint stoup, three pair short brass candle sticks, two pair large and a single brass candle stick, copper tea kettle, and chocolate pot. Silver Plate. One dozen silver hafted knives and forks, one dozen spoons, all in a shagreen case ; one serving spoon, half a dozen old silver spoons, six silver salts, two silver jugs, two small silver salvers, fifteen silver tea spoons. Fii'e Arms and Swords. Three fowling pieces and a rifle gun, two pair small and three pair big holster pistols, two silver-handed swords, two brass-handed cutlasses, and two bayonets. Laird^s Jewellery. Tortoise shell snuff box with silver rim ; two silver watches, one with a tortoise shell case, a diamond ring, a pair of silver shoe buckles and knee buckles, silver clasps for a stock, two pair of stone sleave buttons. Tea China. . Tea chest, set of gilded china, of one dozen cups and saucers, six coflfee cups, a teapot and plate, a milk pot, a sugar dish, a boat for spoons, bread plate, and one for butter, one slop bowl, one cannister, a brown china pot with a silver stroup, nine blue and white breakfast cups and saucers, a blue and white bowl, black glilded stone teapot, two white stone teapots, two blue and white china punch bowls, two mounted horn punch spoons, one dozen and ten wine glasses, two beer glasses, two tumblers, one wine decanter, two china decanters, three japanned white decanters, one japanned jug, eight glass cups and saucers for water, two sillibub glasses and six jelly glasses, two gardavines with bottles, a- lignumvitti ring with casters and cruets. Table China. -3^ Three large dishes, whereof two clasped ; four assets, two clasped ; dozen soup plates, two clasped ; eighteen plain plates, two clasped. Del/ Ware. Two large plates, two assets, two dozen plain plates, large bowl, three small bowls. Cellar. Two bottle racks, four gross of bottles, three hogsheads, ane of Malaga pipe, three half hogsheads, eight small barrells, three beef stands, one wort boyne. 294 JUDICIAL RECORDS OF RENFREWSHIRE. Milk House. Two milk stoups, ten boynes, one barrel chum with standard, one butter bot, one standing churn, a cheese press, a cheese rack. Room above Nursery. One chest of wainscot drawers, two trunks, two chests, writing desk, charter chest. Harness Room. Silver velvet houssin and holster capes, embroidered and fringed with silver ; a sealskin houssin and holster capes, a scarlet cloth houssin and holster capes fringed with black ; one demipeak saddle, hunting saddle, old hunting saddle, cloth bag saddle, two mail pinions, double bridle, six common bridles, two eather cloth bags, one cloth bag. Nota Bene. — That the whole moveables which belonged to said deceased Alexander Napier at the time of his death are given up in this Inventory. dfatm Stocfe, Protiucc, etc., 1730 to 1750. E now give the prices of farm produce from 1730 to 1750, in continuation of those from 1680 to 1730, quoted in former tabulated statements. At this time the great proportion of the land in Renfrewshire was in pasture. Crawfurd says that, down to 17 10, " the land was in the same con- dition that it was in the days of Malcom Canmore ;" and from that time till 1730 improvement was hardly perceptible, although greater intercourse with England, after the Union, had made the large pro- prietors in Scotland acquainted mth a more advanced system of agriculture, and made them anxious to extend it to their own country. Before 1750, some progress had been made ; but even in 1795, Wilson tells us in his valuable work, The Agriculture of Renfrewshire, that in two of the principal estates, lying contiguous, in the county, not less than a third of the farms were let at under ;^2o annually, and that ten shillings and twopence per acre was then the average rent of the whole county. In 1750, the average would not exceed a half of that sum, or five shillings per acre. Within this period we have found no trace of wheat being grown in Renfrewshire, the only grain cultivated being oats, bere, beans, and pease. Nor do we find any mention of rye-grass, turnips, or potatoes. Lint was generally grown, but, from the quantities of seed sold, its cultivation must have been, in most cases, for domes- FARM STOCK, PRODUCE, ETC. 295 tic use — the whirr of the spinning wheel being constantly heard, and was then the only music that greeted the ear on entering a farm house, its produce of linen and woollen yarn being woven into the family linen and blankets, and sometimes hodden grey cloth, for the attire of both sexes. The food of a farmer's family was then exceedingly circumscribed in variety, and in kind coarse and homely, and, like their clothes, consisted mostly of the produce of the farm ■ and indeed the condition of the tacksman of a farm was then in- finitely worse, as regards work, food, and clothing, than that of hinds at the present day. The profits of a farm of which the rent seldom exceeded ;^ioo Scots, must have been small, and the labour had, in the general case, to be done by the farmer and his family. Money was scarce and proportionably valuable, and the enjoyment of any other liquor than home-brewed ale was reserved for very rare occasions, and almost the only indulgence agriculturists allowed themselves even in this way was at fairs and markets, which they seem to have very regularly attended in large numbers, and where it often happened that " the malt got the upper hand of the meal," and, as we have already shown, not unfrequently brought them into trouble. In 1749, we find the first notice of a sale of aquavitK, and then in small quantity, but it increased rapidly there- after. The manners of the lower classes, among whom the occu- piers of small and unproductive farms might be classed, were then rude, and there was seemingly a general proneness to violence when under the excitement either of malt or passion. The com- parison of the prices now published with those of preceding periods will show a gradual, although slow, increase ; but not until near the end of last century was it such as greatly to influence the condition of the tenant farmer. Prices of Farm Produce. Oats, per Boll. Sold at £$ 2s., ;^5 los., £6, £6 8s. Scots. Highest. Lowest. Average. Scots. Stg. Soots. Stg. Soots. Stg. ^6 8,-/0 10 8 ;^5 2-£o 8 6 ^5 is,-;^o 9 9% Meal, per Boll. Sold z.\.£% /5 2s., £,s 4s., iTS los., £(>, £6 2%.,£(> 5s., /6 8s., £<], £1 4s., £^ 7.S., /8 4S., /8 5s., £% 8s., £^ 12s., /lo, £12 Scots. Highest. Lowest. Average. Scots. Stg. Scots. Stg. Scots. Stg. £i2, — £1. £S, — 85. 4d. £7 5s. 4d., — I2S. iXd. 296 JUDICIAL RECORDS OF RENFREWSHIRE. Bere, per Boll. Soldat;^6, ;^5, ^10 IIS., ;^io los., ^12 los. Scots. Highest. Lavjest. Average. Scots. Stg. Scots. Stg. Scots. Stg. £12 10, — ;^I O 10 £'1 2, — £0 % b £& 18 2X, — £0 14 10 Malt, per Sack of 6 Firlots. Sold at;f 10, £10 i6s., ;^io i8s., ;^ii I2S., ^12, ;^I2 4S. , ;f 12 I2S., £ 1 $, Scots. Higlust. Lowest. Average. Scots. Stg. Scots. Stg. Scots. Stg. £iZ, - -^ I 8 ^10, -;^oi6 8 ^14 2 9— ;^i 3 6X Hay. Scots. Stg. 4200 stones sold at, per stone, 2s. — 2d. 221 stones sold at, per stone, 8s. — 8d. Truss sold at, ., £i 5s. — 2s. id. Straw. Thrieve of straw sold at, .£\ 4s, — 2s. od. ^rice of iS^oriscs, tit, EFORE 1730, the highest price at which we have found a horse sold was £,"& 7s. id. sterhng, and this was quite an exceptional case ; while the highest ordinary prices ranged from;£2 los. to jC^\ 8s. 4d. stg., the average being^3 igs. id. In the period from 1730 to 1750, the highest price was;^8, but the ordinary prices ranged from ;^3 to ^7 stg., the average being ^5 15s. iid. This very considerable upward progress in the price of horses arose from the demand caused by the general improvement of the country, and, to some extent, per- haps, to better attention being begun to be given to the breeding of horses for the market. Comparing this highest price, ^8, in 1730 with the fabulous sums now obtained — ■;^Soo not being an unusual price, as got for a superior animal of pure Clydesdale breed, and in some instances even twice this sum — we see to what a high pitch of perfection the breeding of this most valuable and useful, arid pre- eminently handsome and powerful variety of the equine species has been brought by enterprising and intelligent breeders in Scotland, and by none more than by those of Renfrewshire, whose fame, like PRICE OF HORSES. 297 that of many of their Clydesdales, has gone to the most remote quarters of the globe. Price of Horses. Scots. Stg. Horse, gray, £2(1 00 ^234 Horse, 37 o o — 368 Horse, brown, 72 o o — 6 o o Horse, entire, 72 o o — 600 Horse, Carriage, 96 o o — 8 o o Horse, brown — young, 63 o o — 5 S ° Horse, black, 84 o o — 700 Horse, 96 o o — 8 o o Horse, 87 o o -- 7 5 o Horse, 60 18 o — 5 i o Horse, 72 o o — 600 Horse, 78 o o — 6 10 o Horse, 38 o o — 3 3 4 Horses — Average Price. No. Highest. Lowest. Average. Sold. Scots. Stg. Scots. Stg. Scots. Stg. i6, - £,<)(> - 1^ - £i(> - £2. I A - £(") i - £"> 15 " Mares. Scots. Stg. Mare, young, £l(> 00 ^^3 ° ° Mare, young, 36 o o — 3 o o Mare, young, 36 o o — 300 Mare, young, 36 o o — 300 Mare, young, 24 o o — 2 o o Mare, young, 48 o o — 400 Mare, old, 19 16 o — 113 o Mare, dun, 72 o o — 6 o o Mare, 108 o o — 9 o o Various. Scots. Stg. Mareandfoal, ;^42 00 ^^^310° Pony, youth's, 17 8 o — i 9 o Pony, Sheltie, 24 o o — 2 o o Pony, 12 o o — I o o Pony, 12 o o — 100 Grass Mail, 1749. Horses, each of 5, £') ° ° £° '^i ° Prices of Sheep and Lambs. Sheep. Scots. Stg. 1735, — Sheep — eachofio, sold at ^3 00 — 5s. 1745,— Sheep— each of 2, ,, 3 o o — Js. 1747,— Sheep— each of 30, ,, 3 12 o — 6s. 1748,— Sheep— each of 3, ,, 3 12 o — 6s. Average price of sheep, 5s. 6d. stg. P 2 JUDICIAL RECORDS OF RENFREWSHIRE. Lambs. Scots. Stg. 1730, — Lambs — each of 2, £4 00 — 7s. Grass Maill. Scots. Stg 1748,— Sheep— yeU, £0 6 o — ;^o o 6 1749, — Sheep— ewes, 080 — 008 Baits ^tocft, 1730 to 1750. S in the case of hor3es, improvement only became ob- servable in 1730 in the prices of cattle and products of the dairy; but in the twenty years ending in 1750, the average rise in the price of cows, as compared with the preceding twenty years, was about twenty per cent. But prices of cattle continued still very low, and only towards the close of the century had they made any very considerable advance. Since then, the pure Ayrshire breed of milk cows has been introduced into every farm in the county. The price of a first-class cow of that class in 1876 would have purchased the whole stock of cows on a farm in 1730 — the difference in prices being aS;^2o to ^i i8s. 4d. stg. Even in 181 2, when Wilson wrote, he says, " Through all this county, the dairy is of great importance, and in the upper districts it is the chief object of the farmers' attention, and is pursued with great success ; and, of course, considerable attention has been paid to the breed of cattle. The milk is made into cheese of excellent quality, and meets with a ready sale under the name of Dunlop cheese. The Ayrshire is therefore a most valuable breed ; butter, not less than cheese, being much improved." The cheese made in 1730 must have been of poor quality, compared with the Dunlop cheese Wilson refers to, made in 181 2, but had it been possible to produce a specimen of a "kibbuck" of the olden time alongside of a cheese now made in Renfrewshire, and held to be equal to the very best English variety shown at the recent Kilmarnock Cheese Fair and Competition, it would have excited the surprise and curi- osity of the great producers of cheese in Ayrshire and Renfrewshire and western counties, whose produce of the dairy, cheese and DAIRY STOCK. 299 butter, were there exhibited in such enormous quantities and of equally surprising fine quality, while it, at same time, would have marked the immense progress in this branch of agriculture within little more than a century. Price of Cattle. Prues. Year. COWS. Scots. Stg. 1732, — Cow, sold at ;^ 1 5 o — £\ 5 o 1743,— Cow, ,, 24 o — 200 ,, — Cow, ,, 22 6 — I 17 2 ,, — Cow, ,, 24 o — 200 1745;— Cow, yo™g. >' 17 o — I 8 4 ,, — Cow, young, ,, 18 o — i 10 o 1747,— Cow, tidy, , 21 o — i 15 o 1749, — Cow — each of 35, , 24 12 — 210 ,, —Cow, ,, 18 o - I 10 o ,, —Cow, „ 31 o — 2 II 8 ,, —Cow, ,, 24 o — 2 o o ,, — Cow, Highland — each of 10, ,, 39 8 — 3 5 8- ,, —Cow— each of 12, ,, 17 8 — I 9 o ,, — Cow, fat — each of 3, ,, 27 o — 250 „ —Cow, milch— each of 7, ,, 2210 — i 17 6 Highest. Lowest. Aiierage. Scots. Sterling. Scots. Sterling. Scots. Sterling. £^9 - ;f 3 5 8 £^S - £^ i ^23 3 - ^i 18 4X Bulls. Highest. Lowest. Average. Scots. Sterling. Scots. Sterling. Scots. Sterling. jf25 4 —^2 2 ;^22 10 — £\ -i-l 6 £l\ I 6 — ;^I 19 QUEYS AND Stirks. Scots. Stg. Queys— each of 3, soldat;^4l6 o — £q 8 o Stirks- each of 3, ,, 6 6 o — o 10 6 Bullocks— each of 12, „ 24 o o — 2 o o Calves. Scots. Stg. Eachofl4, soldat^6 6 o — ^o 10 6 Grass Maill. Scots. Stg. 1744,— Cow 6 o o — o 10. o „ —Cow, 400 — 068 1745,— Cow, 6 o o — o 10 o 1746,— Cow, 6 o o — o 10 o 1747,-Quey, 2 12 o — o 4 6 1749,— Stirk, 530 — 086 „ —Bull, 440-070 300 JUDICIAL RECORDS OF RENFREWSHIRE. Dairy Produce. Butter, per lb., — sold at;^i 2s., £2, £2 12s. Scots. ,, „ ,, IS. lod., 4s., 4s. 4d., stg. Cheese, per lb., — sold at 3s. 3d,, 2s. 6d. 3s. 2s. gd. Scots. 3d., 2d., 3d., 2Xd., stg. 1730 to 1750. HE following are the wages of farm servants, male and female, and other wages, from 1730 to 1750, so far as the Judicial Records have revealed them to us. Wilson says that many a farmer, down to so late a period as 1795, kept only one horse, and hired himself and horse for plough- ing or harrowing to his neighbours, and this accounts for frequent notices in the Judicial Records of the hire of a horse and a man for a day for these purposes. The wages of farm servants show a slight increase for the period from 1730 to 1750 over the preceding twenty years, and so also tradesmen's wages perceptibly rose. But it must have required much greater economy to enable working men then to struggle through life, even although meal — and they re- quired little else — was low priced. Not many of the comforts, and none of the luxuries, now in use were then within the reach of a working man. The most remarkable fact we have ascertained was the large sale of malt to all classes in small quantities for brewing ; and upon home-brewed ale and meal they must have mostly sub- sisted. Wages, 1730 to 1760. Farm Servants. Scots 1732, — Half-year, male,;^i2 Scots and;^3 bontadges, £!(, o 1 749, — Half-year, male, 15 o ,, — Half-year, male, £() Scots and £1 16 Scots for shoes, 10 16 ,, —Half-year, male, ;^io and /i i6s. for shoes, n 16 1750, — Half-year, female, 7 14 Miscellaneous. '739i— Barber, for shaving Robert Hodgart, malt- man, for a year, 4 i5 Stg. -£i 5 - I S — 18 — 19 8 — 12 10 PRICES OF ARTICLES FOR PERSONAL OR DOMESTIC USE. 30 1 Scots. Stg. 1739) — Barber, for shaving John Kibble's man a year, ;£'2 2 o — ;^o 3 5 1749, — Ship carpenter, wages per day, o 18 o — o i 6 ,, — Mason, per day, building ane house, with meat and drink, o 6 o — o o 6 — Mason, per day, o 11 o — o o 11 — Labourer, cutting hay, per day, o 12 o — o i o — Wright, per day, o 12 o — o i o — Labourer — day in harvest, o 5 o — o o 5 — Smith and Farrier, working pr iron per stone, 013 6 — o i 1% — Female, baking firlot of meal, o 4 o — o o 4 —Man and horse, per day, ploughing, 3 o o — o 5 o — Man and horse, per day, harrowing, 3 o o — o 5 o prices of Erticlcs for personal m JBomestic ®ge anU iiBiscellaneous ^rticUs, 1730 to 1750- HE table of prices of articles for personal and domestic use, and miscellaneous articles now given, will be found useful when compared with those from 1680 to 1730, in our first series ; as showing for the first time in the com- mercial accounts, lodged in judicial proceedings, from which these prices are taken, the appearance of some articles of luxury, such as tea, and thus indicating a change in the habits of the people, which becomes still more marked by the mention of whisky, under the name of " aquavitse," that after 1730, began to be sold in consider- able quantities. Contemporaneous with the introduction of whisky or aquavitse, which has had such great and pernicious influence on the habits of the people of Scotland, the Judicial Records reveal to us a great declension in the consumpt of malt by the people of Ren- frewshire for home-brewing of the more wholesome and nutritious " home-brewed ale" which, previous to this period, and for some time afterwards, formed part of the food at every meal of all classes. The careful student of the table now published, will also observe the gradual rise in price of many articles, indicating unmistakeable pro- gress in trade and agriculture. It is in this way, although otherwise dry and uninteresting to readers, that these tables will prove accept- 302 JUDICIAL RECORDS OF RENFREWSHIRE. able ; and the author feels that they form not the least important in- formation which, by his publication of judicial and historical docu- ments, he has been enabled to give the public. It may be proper to add that where various prices have been found of any particular article, the average'has generally been quoted. Particular Articles for Personal or Domestic Use. Scots. Stg. £ s. d. £ s. d. Ale, per Gallon, o lo o — o o lo Ale, Choppin, o i o — o o i AquavitEe, each of 63 pints, sold by Gavin Ralston, maltman. Paisley, oi2 o — o I o AquavitEe, pint, 1 o o — o i 8 AquavitEe, dram, o 3 o — o o 3 AquavitEe, dram, 026 — 00 2}4 Apron, fustian, i 4 o — o 2 o Augur, o 12 o — o 1 o Beef, leg of, 3 12 o — 060 Beef, per stone, 2 o o — o 3 4 Beef, per stone, i 16 o — 03 o Beef, each of 5 1 lbs, , o 3 o — o o 3 Butter, per stone, 3 o o — o 5 o Butter, per lb., o 46 — 00 4^ Butter, per stone, 2 o o — o 3 4 Barley, per lb o 16 — 001^ Barley, firlot, 2 8 o — o 4 o Bere, boll, 10 10 o — o 11 o B ere seed, firlot, i 16 o — o 2 ii Bere, peck, o 10 o — o o 10 Brandy, tree of 20 pints, 20 o o — i 13 4 Bun, wheaten, o 6 o — o o 6 Blankets, pair, I 16 o — 030 Blanket, per yard, o 8 o — o o 8 Boots, per pair, man servant's, 015 o — o i 3 Buttons, per dozen, from 3d. to is. 6d. sterling, o 18 o — o i 6 Brocade, cotton, per yard, i 10 o — o 2 6 Baize, per yard, 440 — 070 Buckram, per yard, .*. o 12 o — o i o Bowl, o II o — o o II Cheese, per stone, I 6 6 — o 2 2^ Cheese, sweet milk, per stone, 240 — 038 Cheese, each of 3, 200 — 034 Cheese, per lb., 2d., 2Xd., 3d., 030 — 003 Cloth, per yard, 3 3 o — o 5 3 Cloth, per yard, blue, 3 6 o — o 5 6 Cloth, per yard, 4 16 O — 080 Cloth, per yard, blue, 520 — 086 PRICES OF ARTICLES FOR PERSONAL OR DOMESTIC USE. 303 Scots. Cloth, per yard, green, 5 2 Cloth, English, per eln, 3 o Cloth, per eln, o 16 Cloth, broad, drab, per yard, 4 16 Cloth, broad, per yard 3 8 Cloth, per yard, 6 16 Cloth, drab, per yard, 4 lo Cloth, tartan, per yard, I 13 Cloth, frieze, per yard, o 16 Cloak, cloth and mounting, 10 6 Camlet, per yard, i o Camlet, per yard, o 12 Cherryderry, per yard, i 10 Cloth, striped, mankie, o 8 Cravat, ' o 5 Cravats, per dozen, 8 8 Coals, load, o 6 Coals, hvitch, o 2 Coals, load, at Hurlet heugh, o 4 Coat, rough, 2 16 Flour, per peck, o 12 Flour, each of 63 pecks, at o 14 Goose, each of 12, o 12 Handkerchief, silk, i 19 Handkerchief, cotton, I 12 Hat, child's, i 10 Honey, pint, o 8 Ham, per eln, o 8 Jug, ° S Knife, hedging, o 12 Kersey, per yard, 2 o Kersey, per yard, i 8 Leather, per lb., o 12 Looping, per yard, o 6 Looping, per yard, i i Linen, per yard, i 2 Linen, per yard, i i Lintseed, half a peck, o 13 Meal, boll, 6 18 Meal, peck, o 8 Mutton, each of 5 legs, 2 5 Mutton, each of 8 legs, i 4 Mutton, leg, o 14 Milk, 97 chopins, 2 '4 Malt, sack of, " 12 Malt, sack of, 10 o Stg. d. i. s. d. — 8 6 — 5 6 — I ^% — 8 — 5 8 — II 6 — 7 6 — 2 9 — I 4 — 17 2 — I 8 6 — I oy^ — 2 6 — 8 4 — 5^ — H — 6 6 — 2^ — 4 — 4 8 3 — I 4 — I 2 — I — 3 6 — 2 8 — 2 6 — 8 — 8 — 5 — I — 3 4 — 2 4 — I — 6 — I 9 — I 10 — I 9 9 — I IX — II 6 — 8 — 3 9 — 2 — I 2 6 — 4 (>% — 19 4 — 16 8 304 JUDICIAL RECORDS OF RENFREWSHIRE. Scots. Stg. £ s. d. £ s. d. Mug, 040 — 004 Mohair, two hanks, o 2 o — o o 2 Mankeg, per yard, o 12 o — o I o Paunches, two, o 12 o — o i o Plaiding, ell, o 12 o — o i o Plaiding, ell, 080 — 008 Pea Straw, per stone, 026 — 00 2^ Rice, per lb., 060 — 006 Rum, tree of 20 pints, 20 00 — 1 13 4 Rum, gill, 040 — 004 Rum, dram, o 2 6 — o o 2^ Shoes, pair men's, i 16 o — 030 Shoes, pair men's, 2 14 o — o 4 4 Stockings, pair men's, i 16 o — 030 Stockings, pair, i 4 o — o 2 o Shoes, men's, pair, i 16 o — 030 Silk, per drop, o 2 o — o o 2 Silk, per drop, o 4 o — o o 4 Shalloon, per yard, o 13 o — o I I Shalloon, per yard, i o o — o i 8 Sugar, per lb., o 10 o — o o 10 Serge, per yard, o 14 o — o i 2 Sack, I 12 o — 028 Sack, per mall, i 10 o — 026. Shirt and cravat, 280 — 040 Snuff mull, ivory, i 4 o — o 2 o Spirits, per pint, i 12 o — 028 Spirits, per mutchkin, i 10 o — o 2 6 Steating, yard, o 10 o — o o 10 Salt, firlot, i 10 o — o 2 6 Salt, boll, 6 10 o — o II o Shirting, per yard, 080 — 008 Soap, firkin, 15 00 — 150 Thread, ounce, o 2 6 — o o 2^ Thread, ounce, o 3 o — o o 3 Trenchers, dozen, i 8 o — o 2 4 Trencher, each, o 14 o — o I 2 Tassels, pair, I 10 o — o 2 6 Tassels, each, o 15 o — 013 Tape, yard, 030— 003 Tea, per pound, 440 — 070 Tea, per ounce, 060 — 006 Thicksel Cloth, per yard, 4 10 o — 076 Tartan, yard, 017 — 015 Vest, tailor " making and dyed, " 240 — 038 Veal, leg, I 16 o — o 3 o PRICES OF ARTICLES FOR PERSONAL OR DOMESTIC USE. 305 Scots. Stg. £ s. d. £ s. d. Watch, 48 00 — 400 Watch, 60 00 — 500 Wig, white, 220 — 036 Water stoup, o 10 o — o o 10 Whisky, pint, o 12 o — o I o Miscellaneous Articles. Scots. £ s. d. Axle tree of Cart, 018 o Axe, I 18 o Axe, woodman's, i 4 o Adze, I 4 o Augur, o 12 o Boyne and cog, 080 Cart wheels, pair, 10 o o Cartwheel, S o ° Cart, peat, bodied, with iron shod wheels, ...18 o o Cart, with iron axles, 22 4 o Collier's wedge, o 10 o Cart, saddle, and mounting, 600 Copper pan and copper cauldron, use for a year, 600 Druggist vials, per gross, 6 9 o Diamond, for cutting glass, 6 o o Hopps, per lb., 180 Hopps, perlb., o 18 o Hair, per lb., o 4 o Harrow, stock, i 4 ° Hammer, small, o 6 o Hewn stones, each of 30 pieces, 6 15 o Iron, per stone, i 12 o Iron, per stone, i 14 o Iron, old, per stone, o 14 o Leather, ben, o 12 o Loom, weavers', 5 ^ ° Loom, 3 12 o Lintwheel, 3 12 o Lintwheel spindles, per dozen, i 12 o Lock for Drawer, o 8 o Lock and Bands for Chest, i o o Moydoire, Gold, value, 16 4 o Plater, o II o Pot I 4 o Plane, o 12 o Plough and Graith 12 12 ° Rake, garden, o 12 o Q2 c TG. {. S. d. I 6 3 2 2 2 I 8 16 8 8 4 I 10 I 17 10 10 10 10 9 10 2 4 I 6 4 2 6 II 3 2 8 2 10 I 2 I 9 6 6 2 8 8 I 8 I 7 II 2 I I I I 3o6 JUDICIAL RECORDS OF RENFREWSHIRE. Scots. i. ^■ Roller and Iron frame, garden, 6 l8 Shovel, iron, I lo Swift rods, pair, o . 6 Saw, bow and finishing, 2 14 Saw, hand, o 18 Saw, cross, I i6 Shovel, I 4 Spade, garden, 3 12 Saddle and housing, old, 5 14 Saddle and Portmanteu, old i 10 Shears, garden, pair, 2 8 Stg. d. £, J. a. — II 6 — 2 6 — 6 — 4 6 — I 6 — 3 — 2 — 6 — 9 6 — 2 6 — 4 SERIES I. &' II. PAGE Act for Compulsory Observance of Public Offices, 1 683, i. , 22 Account for Drams, 1708, i., 86 Agricultural Progress, i. , 317 Algie, James, fined in ;^200 Scots for Wife Beating, 1684, i 32 America, Seditious Writings imported from, 1796,1., 170 Arrears of Stipend, Meams Parishioners summoned for, i., 15 Articles of Personal or Domestic Use, Prices of, 1680-1730,1., 335-342 — — — — 1730-1750,11., 301-306 Assault upon a Bailie's Wife, 1687, i. , 35 — — a Paisley Writer, 1704, 1., 65 — Atrocious and Brutal, by John Orr, upon a Neighbour in Auchen- cloich Moss, 1721, 1., 98 — Violent, of a Woman in Church, 1722, i., 103 Attacks on George III., and Royal Proclamations, 1795-6,1., 167 Attempt by a Factor to Burn a Missive of Lease, 1727, i., 129 Balgreen, Semples of, ii., 62 — Death of Sheriff Semple, 1726, ii., 62 — His Funeral Expenses, 1726,11., 275 — Action of His Widow to have the same charged against the Estate, ii., 63 Banishment by the Sheriff, 1766, 1., 252 Barbarous Sentence on an Old Woman and a Girl, 1734, i., 238 Beer, Brandy, and Sack, Extensive Use of, 1716, 1., 84 Black or Counterfeit Copper Coin in 1727, i., 133 Blackstone Orchard, Copies of Leases, 1687-1705, i., 43 Blackstone, Napiers of, ii., 5' — Furnishing and Plenishing of the House, 1751, ii., 291 — Rent Roll of the Estate, 1749, ii., 288 — Estate acquired by Mrs. Speir of Burnbrae, 1 847, ii. , 53 Blythswood, First Notice of a Campbell of, on County Roll, 11 33 Boarding a Smuggling Vessel in the Firth of Clyde, and serious conse- quences thereof, 1777,1., 162 Branding and Whipping for Pickering and Small Theft, 1 700, 1 187 — Barbarous Sentence of, 1734, i.,.- 245 3o8 INDEX. PAGE Breaking of a disloyal Carrier's head by an Elder of the Kirk, 1725, i., ... 115 Brediland, Maxwells of, i., 3°° Caldwell, Mures of, i., 296 Cart, The, its former purity, i., 13^ Castlesemple, M'Dowalls of, ii., 67 — Purchase of, I727,ii., 68 — Plenishing of House, 1748, ii., 282 — Description of House by Semple, 1771, ii., 69 Cathcart, Petty Thefts in Parish of, ii., 98 Cattle, Grazing of. Prices of, etc., 1687-1726, i., 329 — — — 1730-1750,11., 297 Clandestine Maniages, Penalties of, 1732-4,1., 229 Cochrans of Cochran and Dundonald, 1670, i., 297 Cockfighting, Indulgence in, and popularity of, i. , 108 Coins, Scotch. David II. to Queen Anne, ii. , 258 — Gold and Silver ; Standards for. Edward I. to William and Maiy, i., 281 Concealing Rebels' Arms, i685, i., 19 Condonation of Crime by Law OfBcers, ii., 9° Conflicting Jurisdictions, Annoyances of, i., 213 _ — — ii., 86 Conforming Minister settled in Meams, 1681, i., 13 County Families, Cochrans of Cochran and Dundonald, i., 297 — Houstons of Houston, ii. , 73 — Hows of Damtoun and Penneld, ii., 65 — Macdowalls of Castlesemple, ii. , 67 — Maxwells of Brediland, i. , 300 — Maxwells of PoUok, i., 291 — Montgomeries of Eaglesham, i. , 286 — Mures of Caldwell, i. , 296 — Napiers of Blackstone, ii. , 51 — Semples of Balgreen, ii. , 62 — Walkinshaws of Walkinshaw, ii. , 55 Crawford, James, Auchenfoyll, Kilmalcolm, Fined in 200 Merks for refusing the office of Elder, i., 25,26 Crawford, John, Paislej', i. , 136 Cromwell, Edict of, when Protector, ii. , 251 Cruikston Castle, i., 293 Cruikston Yew, i. , 294 Cunningham, John, of Seville, i. , 307 Curious Case of alleged defamation of a Tenant by his Factor, 1727, i., ... 129 Cursing and Swearing punishable by Fine, i. , 219 Dairy Produce, Price of, 1682-1826,1., 230 — Stock, Price of, 1730-1750,11., 298 Damtoun, Hows of, ii. , 65 INDEX. 309 PAGE Damtoun, How, Andrew, " Mediciner," prosecuted for Brawl at Kilbar- chan, 1687, ii,, 87 Deforcement of a Sheriff Officer, and escape of his prisoner, 1 707, i. , 68 Deserters, Proclamation against sheltering of, 1692,1., 184 Deserters, Prosecution for sheltering of, 1694,1., 184 Differences between a Coal Master and his Workers, 1713,1., 73 Disgraceful Alarming of a Woman in travail, 1 709, i. , 71 Disgraceful Violence on the part of a Farmer and his Wife, 1 687, i. , 46 Disinclination of Commoners to serve in Parliament, i. , 24 Dog-Stealing, Case of, 1 724, i. , 224 — Penalty of Forty Pounds Scots inflicted for, i. , 225 Domestic Expenditure, 1701, ii. , 158 Downie, David, Banished for High Treason. Instructions for his embark- ation at Greenock, 1794,1., 166 Drapers', Tailors', and Dressmakers' Accounts, 1717-1734, i., 124 Drinking ye Devil's Health, 1692,1., 5° Drinking the Pretender's Health, 1725, i., 115 Drunkenness in 1 7 1 6, i. , 83 Eaglesham, Parish of — Montgomeries of, i. , 284 — Rental of Parish of, 1674-1873, 1., 286 — — of Estates of, 1687-1734, 1., 319-21 Education, General state of, 1688-1750, ii., 164 — Lack of general ability to sign names, ii. , 167 — Fees for School Teaching, 1703, ii., 167 Election Indentures, i. , 3 1 ' Erskine, Brawl on Highway, in Parish of, ii., 112 Escape from the Tolbootli of Paisley, 1696,1., 48 Execution of Thomas Potts at Paisley, 1797, i., 176 Exemplary Fines on Parties engaged in a Family Fight, 1715, i., 82 Extraordinary and amusing Defence by James Cochrane, Under Gateside, 1725, i-, 228 Family Contention for a Seat in the Kirk, ii., 131 Family Fight in Kilbarchan Parish, 1715, i., 80 — Feud — The Cochrans of Gateside, Upper and Under, 1725, i., 227 — Libraries in Renfrewshire, 1750-66, i., 146 Farmer and his Wife fined ;£'ioo Scots for assault, i., 106 Farm Servants, Wages of, 1686-1736, i., 332 Fai-m Stock, Prices of, 1687-1726,1., 328 — — 1730-1750,11., 294 Fate of a "'93 " Reformer, i., 165 Female Rioters in Greenock and Port-Glasgow, 1 7 1 7, i. , 90 — Manners in Port-Glasgow, 1733, i., I39 Feuing of Church Lands, 1581, i 271 Fiars, Striking of, ii., 4° — Variations in the holding of Courts, ii., 42 — Prices, 1754101826,11., 46 310 INDEX. PAGE Fiars Prices, 1827 to 1875, ii., 48 Fire-Raising, Barbarous Sentence on alleged commission of, 1734, i., 245 Food Tumult in Port-Glasgow, 1707, i., 67 Freeholders, Proposed Bill for Regulating and Amending the Qualifications of, 1775. "•, 15 Freeholders. The same pronounced inadequate, 1775, ii., IS — Paucity of attendance of, 1770-71) "•) '4 — Party Keenness that afterwards developed itself, ii. , 14 — Minute of Meeting of, 1747, ii., 34 — Number of, 1747 to 1831, ii., 39 Game Laws, Masters liable for infringement of) by Servants, i., 199 — Appointment of Master of, and Powers granted him, 1706, i., 197 — Monster Prosecutions for Poaching, 17 16, i., 208 — — — — — ii., 101-108 — ■ Prosecutions for Breaches of, 1775, i., 256 General Prices, 1680 to 1730, i., 335-342 Gold and Silver Coins, Standards for and Names of, from Edward I. to William and Mary, i., 281 Grain and Dairy Produce, Prices of, i., 330 Greenock, Public Whipping of James Carslow, 1801, i., 260 — The Press Gang, 1760, i., 159 — Quartering of the Military and Resistance thereto, 1760,1., 156 — Threatened Rebellion of the " Four Trades " in 1 760, i. , 156 Guarding and Escorting of Criminals, 1797,1., 176 Guilt, Attempts to Prove, by Oaths of Accused, 1709, i., 205,208 Haggs Castle, i., 293 Hamesucken, Legal Definition of; Two Cases of, i., 216,222 Head Courts of the County, 1687,!., 274 Heavy Penalties for using Offensive and Dangerous Weapons, 1685, i., 37 — Punishment of a Jailor for allowing a Prisoner to Escape, 1696, i., 50 Heritable Jurisdictions, Tyranny and Evils of, i., 188,214 — — Abrogation of, i. , 1 89 — — Annoyances of Conflicting Jurisdictions, i. , 213 Horses, Prices of, 1682-1728, i., 327 — — 1730-1750,11., 296 — Hires of. Grazing of, etc. , i. , 328 Horse, Killing of, Charged as Murder, 1721, ii., 115 Plouston, Houstons of, ii. , 72 — Estate sold to Sir John Shaw, ii. , 74 — Desponed to Sir James Campbell, ii. , 74 — Acquired by Governor Macrae, ii., 74 — Sold to Alex. Speirs of Elderslie, 1782, ii., 74 — Tenants and Rents of the Estate, 1731,11., 265 — Thirty Parishioners prosecuted for alledged violation of the Game Laws, ii. , 106 INDEX. 311 PAGE Houstons of Houston, ii 73 Hows of Damptoun and Penneld, ii., 65 Illegal Standards — Punishment for Buying and Selling thereby, 1705, i., ... 190 Immorality in Paisley, 1715,1., 76 Importation of Food from Ireland, unlawful, 1 707, i. , 67 — of " Prohibited Goods " into Port-Glasgow, 1707,1., 68 Inchinnan, Ordination Dinner at, 1724,1., m Indenture of a Surgeon's Apprentice, 1739, i., 100 Indulged Ministers Branded as King's Curates, i. , 17 Indulgence to certain Presbyterian Ministers, 1 669, i. , 16 Inverkip, Smuggling and Murder at, 1 777, i. , 162 Irregular Marriages, Cruel Prosecutions for, 1 732-34, i. , 229 — — Case of James Gibb, i, , 230 — — — William Wilson, i., 234 — — — John King, ii., l85 Itinerant Merchants in the Olden Time, i. , 141 Jailor Drinking with his Prisoner, and the latter's escape, 1696, i 48 "Joggs," Mary Campbell placed in the, 1707, i., 201 — Agnes Park placed in the, 1 709, i. , 204 Kilbarchan, Rough Manners at Manse of, 1685, ii., 138 — Brawl at Fair of, 1687, ii., 86 — Theft of Kyne and Sheep in Parish of, 1689, ii. , 148 — Deserters from the Army, and Sheltering thereof, 1694, i., ... 184 — Rescuing of Recruits at, 1694, ii., no — Slander and Evil Speaking in, 1697, ii., 151 — Schoolmaster Prosecuting for Fees, 1 703, ii. , 167 An "Opulent and Substantious " Farmer Fined in 500 Merks, and Sentenced to the "Joggs" for unlawful Intromission with his Neigbours' Goods, 1706,1., 196 Fifty-Four Tenant Fanners Prosecuted for Poaching, 1716, i., 209 ^ Outrageous Assault, under cloud of night, by the Miller of Glentyan, 1724, i., 223 — Fairs and Races, 1 718— Lilias' Day, Celebration of, i., 93 — Native of. Sentenced to Death for Theft, 1 753: i- , 247 — Executed at Paisley, 1753, i., 248 Kilmalcolm, Prosecution of fifty-two Tenants of, for alleged violation of the Game Laws, ii., 102 — Amenities of Agricultural life in, 1750, ii., 194 Landowners of the County, 1687,1., 276 Laws for regulating Morals and Manners, 1715,!., 77 Lawyers Bills, Moderation in, 1716 and 1747, ii., 126 Lawless Conduct in Greenock, 1709,1 71 312 INDEX. PAGE Lilias' Day, Celebration of, in Kilbarchan, i. , 93 Litigation, its Delays and Costs, i., 261 Lochmnnoch, Precentor of. Prosecutes for Marriage and Baptismal Fees, i. , 26 — Two Years' Plea regarding a Church Seat, 1748, ii., 131 — Valuation of Lands in Parish of, 1731, ii., 279 — Certificate of sufficiency of New Kirk, 1 73 1 , ii. , 281 — Allocation of Seats therein, 1731,11., 281 — Minute of Meeting of Heritors, 173 1, ii., 281 Litigation, Court Procedure in Civil Cases, ii., 121 — Change in character of, after abolition of Heritable Jurisdictions, ii., 129 — Two Years' Plea for a Church Seat, ii., 131 Litigation, Summary Process for Debt, 1745, ii., 124 — Moderation in a Lawyer's Bills, 1716-1747, ii,, 126 — Protracted Case of, for Rent, 1750, ii., 133 Liquors in Common Use, 1687, ii., 141 Luxiuies, Prevailing absence of, 1698,1!., 154 — Plainness of a Wryter's Household, 1 701, ii., 158 Macdowalls of Castlesemple, ii. , 67 Malt Liquors, Prevalent use of, 1687, ii., 141 — Sale of, in Prisons, ii., 210 Marriage and Baptism Dues, Mearns Parishioners summoned for, i., 17 — Penalties for Clandestine Consummation of, 1731, ii., 186 Marrying " without the authority of ye Kirk, " Consequences of, 1732-34, i., 229 Maxwells of Brediland, i. , 300 Maxwells of Pollok, i., 291 Merchants' and Tradesmen's Accounts, 1714,1., 343 Miners Fined for Threatening and Intimidation, 1713,1., 73 Mobbing of Custom-House Officers, 171 7, ii 175 Montgomeries of Eaglesham, i., 286 M ' Alpie, James, Sheriff-Clerk and Poet, i. , 60 Multurer of Seedhill, prosecution of, ii. , 93 Mures of Caldwell, i. , j* 296 Napiers of Blackstone, ii. , 51 Narrow-Loomed Cloth, Punishment for Weaving of, 1705, 190 Neilston Parish — Mures of Caldwell, i. , 294 Non-Conformists, Prosecution of, 1681, 16,26 Oaths of Allegiance and Assurance by the Presbytery of Renfrew, on the Accession of Queen Anne, 1 702, 64 Offensive Weapons, frequent and reprehensible use of, 1685, i., 36 Old Tolbooth of Paisley, i. , 314 Orchards, Robbery of, with Violence, 1687, i., 38 — Rents of, and Descriptions of Fruit grown in, 1687-1705, i., 41 Ordination Dinner at Inchiiman, 1 724, i. , 1 1 1 INDEX. 313 PAGE Outlawry of Four young men of respectable families, for violently Robbing the Orchard of Mr. Wm. Kibble, 1687, i 38 Outrageous Conduct of a Johnstone Miller, 1 720, i. , Z20 — — of a Pollokshaws Souter and his Wife, 1724, i., 105 — — of the Miller of Calder, 1742, 144 — Assault by the Press Gang in Greenock, 1760,1., 160 Paisley, Old Plan of (1490-1545), ii., 227 — Streets and Roads, ii., 233 — Names of Original Feuars, ii. , 235 — The Cart audits Tributaries, ii., ' 229 — Tenure by Booking in, ii., 240 — The Yett House of the Abbey, ; 245 — Merchants Punished for Wife-Beating, 1 684-94, i- > 3 ' — Merchant Fined for Assaulting a Bailie's Wife, 1687,1, 35 — Old Tolbooth of, i., 3I4 — Tolbooth and Prison of, ii., 210-22 — Rents in, and character of Tenements, 1687-1725,1., 121 — Shoemaking in, Fashions and Prices, 16S7-1727, 126 — Assault at Wallneuk of, 1687, ii., 84 — Multurer of Seedhill unjustly prosecuted on the charge of making or doing a false writ, 1693, ii., 93 — Merchants in, 1698, ii., 154 — Status of "ane wryter," 1701, ii., 158 — Writer Assaulted while riding home from Renfrew, 1 704, i. , 65 — Lease of Saucell Mill, 1709, i., I37 — Immorality in, in 171 5, i., ... 7^ — Brawlat Fairof, 1716, ii., 173 — Drapers', Tailors', and Dressmakers' Accounts, 1717-1734, i., 124 Serious Dispute about a Web by two Smithhills neighbours, and heavy Punishment, 1717,1., 215 — Carrier charged with Importing and Carrying through the Country Counterfeit Money, 1727,1., 134 — Maltman Prosecuted for Marrying without the sanction of the Kirk, 1731."-, I^^ — Salmon in the River Cart, 1728, i., .^ 135 — Packmen in 1735, i., 141 — Rough Treatment of a Tradesman, 1745,11., 188 — Personal Chastisement by a Merchant, 1 749, ii. , 190 — Vindictive Punishment of three Weavers, 1 749, ii. , 118 — Weaver, Plenishing of, in 1760, i., 154 — Trade Combinations in, 1773, ii., .' 196 — Cross Steeple, i., 3I5 — Visit of John Howard to Prison of, 1787, ii., 206 — J. J. Gurney, — 1818, ii., 208 Parents, Cursing or Beating of, a Capital Offence, i., 219 Parliaments of Scotland, Disinclination to act as Representatives therein, ii., 9 R 2 3X4 INDEX. PAGE Parties Sued for Money Penalties for Uncleanness, List of, 1715, i., 79 Penalties for An Unproved Assault, 1685, ii., 81 — ■ Refusing the office of Elder, 1686, i., 25 — Common Assault, 1687,11., 84 — Quarrelling and Assault at Kilbarchan Fair, 1687, ii., 86 — Alledged "making or doing a false writ," 1693, ii., 93 — Sheltering Deserters, 1694,1., 184 — Rescuing of Recruits, 1697, ii., no — Vagrancy, 1700, i., l86 — Petty Pickering, 1700-7-9, i., 187,201,203 — Buying and Selling by Illegal Standards, 1705, i., 190 — Weaving Nan'ow-Loomed Cloth, 1705, i., 190 — Petty Theft, and " the bruit or fama thereof," 1709, ii., 98 — Uncleanness, 1 715. Act 38, King Charles II., i 79 — Alledged Infringements of the Game Laws, 1716, ii., 102,107 — Brawl on the Highway, 17 16, ii., 112 — Brawling at Paisley Fair, 1716, ii., 173 — Poaching, 1716, i., 208 — Mobbing and Rioting, 1717,11., 175 — Cursing or Beating of Parents, 1720,1., 219 Reprehensible Personal Assault, 1720, ii., 178 — Dog-Stealing, 1 724, i., 225 — Hamesucken, 1724, i., 215,221 — Thigging and Cursing, 1720,1., 219 — Clandestine Marriage, 173 1, ii., 186 — Irregular Marriages without the Authority of ye Kirk, i., 1732-4, 229 — Rough Treatment of a Fellow Tradesman, 1745, ii., 188 — Non-Observance of Thanksgiving, 1749,1., 147 — For Hideing an Apprentice, 1 749, ii. , 190 — Quarrelling by Companions, 1749, ii., ii8 — Beating and Blooding, 1 750, ii. , 194 — Subornation of Perjury, 1764,1., 249 — Reset, 1766-70, i., 252,254 Penalty Inflicted without Admission of, or Proof of, Guilt, 1709, i., 207 Perjury, Whipping and Banishment for Subornation of, 1765,1., 249 Plenishing of a Paisley Weaver, 1760,!., 154 Political Excitements of 1793-4, i., 165 PoUok, Maxwells of, i. , 29 1 Pollokshaws, The To-rni of, 1687, ii., 169 — Brutal Night Assault in, 1687, ii., 143 — Violent Conduct of a Farmer's Wife, 1687, ii., 147 — Interesting Bee Case in, 1705,11., 168 — Elected into a Burgh or Barony, 1810, ii., 169 Port-Glasgow, Food Tumult in, 1 707, i. , 67 — Eight Women Fined for Rioting and Deforcement, 1717, i., 92 — Female Manners in, 1 733, i. , 139 — Mobbing of a Custom Officer by Women of, 1717, ii., 175 INDEX. 315 PAGE Port-Glasgow, Reprehensible Assaulting of a Dancing Master, 1 720, ii. , ... 178 — Rowdyism in, 1720, ii., 180 Press Gang, The, in Greenock, 1760, i., 159 Prevailing Poverty of the Population, 1698,1., 154 Prevalence of the belief in Witchcraft, 1692,1., 50 Prices, Farm Stock, 1687-1726, i., 328 — Farm Produce, 1730 to 1750, ii., 294 — Grain and Dairy Produce, 1 682- 1728, i., 330 — Dairy Stock, 1730 to 1750, ii., 298 Horses, 1682-1728, 1., 326 — Horses, 1730101750,1!., 296 — Cattle, 1 687- 1726, i., 329 — Sheep and Lambs, 1730 to 1750, ii., 297 ■ — Cows, — — ii., 299 — Bulls, — — ii., 299 Prices, Queys and Stirks, — — ii. , 299 — Butter and Cheese, — — ii. , 3°° — Grass Mail, — — ii. , 299 — - Servants' Wages, — — ii. , 300 — Articles of Domestic or Personal Use, 1680-1730,1., 335-342 — — — — 1730 'o 175O; "■> 301 Prisons, State of, and Treatment of Criminals, 1747 to 1820, ii., 205 — Old Baron Jurisdictions and Private Prisons, ii. , 205 — Their final Abolition in, 1839,11., 203 — Visit of John Howard to Paisley, 1787,11.1 206 — Visit of J. J. Gurney, — 1818, ii., 208 — Sale of Malt Liquors in, ii., 210 — Incarceration for Debt ; Desertion from the Arrty, etc., ii., 215 — Emoluments of Jailers under the old system, ii., 217 — ■ Specimens of Jailers' Accounts, ii., 2l8 — Irregularities in the Incarceration and Liberation of Prisoners, ii., 218 — Frequent Imprisonment -B-ithout legal forms, and on the mere verbal order of a Magistrate, 219 — Instances of Illegal Incarceration, ii. , 220 Proclamation of a Day of Public Fast and Humiliation, 1796,1., 168 — Anent Attacks on His Majesty, Geo. III., and His Royal Consort, 1795-6, i 169 Procurator-Fiscal fighting for his own interest, 1 725, i. , 226 Proifessionals, Legal, at Glasgow on Wednesdays, 1702, i., 161 Punishment, Severity of, for Petty Crime, i., 181,187,201,203 Quartering of the Military on Defaulting Ratepayers, and resistance thereof, 1760, i., 156 Queer Bee Case in PoUokshaws, 1705,1!., 168 " Rabbling" of Conforming Curates, i., I7)27 Rebels Arms, Concealing of, 1686, i., 19 3l6 INDEX. PAGE Rebels Arms, Copy of Complaint and Sentence^for concealment of, i., 21 Reformer of '"93," Fate of, i., 165 Reformers of 1819-20, Incarceration of, i., 3^4 Refusing the Ofiice of Elder, i586 ; Complaint and Sentence, i., 25 Renfrewshire Slaveholders, i., 304 — Election of first representative to the British Parliament, ii., 20 — Sheriffs of, 1680 to 1730, ii., 79 — List of Commissioners of, 1593 to 1707, ii., 10 — Parliamentary Representatives of, 1707 to 183 1, ii., 16 — — — 1832 to 1874, ii., 18 — — Election of, 1734, ii., 25 — Freeholders, number of, 1747 to 1832, ii., 39 — Electors on Register of 1832 to 1868, ii., 39 — Voters on Roll of, 1868 to 1876, ii., 40 — State of Education in, 1688-1750,11., 163 Rents, etc., Farm, i., 319 — Blackstone Estate, 1749, ii., 288 — Caldwell Estate, 1707,1., 322 — Duchall Rents and Crop, 1725,11., 262 — Eaglesham Estate, 1687, i., 319 — Do. do., 1734. i-, 321 — Ferguslie, I7i7,ii., 263 — Fingalton, Meams, 1712, ii., 264 — Hawkhead, 1697, ii., 263 — Houston Estate, 1731, ii., 265 — PoUok Estate,!., 323 — in Paisley, 1687, 1725, i., 121 Representation of the County, Occasional Keenness of stmggles for, ii., ... 13 — — Payment to Representatives, ii., 26 — — Alex. Cunningham of Craigends, contracts to serve the County in Parliament " without fee," ii 26 — — Predomination of the Whig Interest, from 1807,11., 13 — — Great Increase of Voters, from 1731 till i875.ii-. 36 — — Extensive Creation of Freehold Qualifications for Voting Purposes, ii 36 Reset, severe punishment for, i., 252,254 Restitution of Tocher and Outfit of a Bride, 1687,!., 44 — _ _ _ 1724, ii., 183 Retention of Strayed Cattle, 1687, ii., 146 Robbing an Orchard, 1687, i., 38 Rough Manners in a Manse, 1685, ii., 138 Rushes, uses to which applied, and quarrel for possession of, 1725, i., 118 Salmon in the River Cart, 1728, i 135 INDEX. 317 PAGE Saucel Mill, Lease of, 1709, i., , 137 School Teaching Fees, 1703,1!., 167 Seats provided by worshippers in the Kirk, 1722, i., 103 Seditious Writings Imported from America, 1796,1 170 Seizure of Smuggled Tobacco and Brandy in Port-Glasgow, and rescue of the same by the mob, 1717,!., 90 Semples of Balgreen, ii., 65 Sentence of Death by the Sheriff, 1753, i., 246 Serious Assault on an Unprotected Female at Langside, 1687, i., 46 Severe Punishment on Questionable Evidence, 1706,1., 193 — Sentence of a Paisley Bailie, 1717,1., 215 Sheep-Stealing, 1689,1!., 148 Shoemaklng in Paisley ; its Fashions and Prices, 1687, 1727, i., 126 Six Parties Summoned for their Doctor's Bill, 1721, 102 Slander and Evil Speaking, 1697, ii., 151 Slander and Defamation severely punished, 1692, i. , 53 Slaveholders In Renfrewshire, !., 3^4 Slaves on the West Indian Estate of a Renfrewshire Family, 1750, !.,... 305-6-7 Smart Penalty for Assault and Slander, 1742, 1., 144 Smuggling in Port-Glasgow and the Firth of Clyde, 1717, 1., 89 — and Murder at Inverkip, i777j '•) 162 Stealing or Taking Away and Disfiguring a Game Cock, 1 724, 1. , 109 Sterling Money, Origin of, 1. , 279 Subornation of Perjury, 1765,1., 249 Summary Process for Debt, I745> "■> 124 Surgeon's Fees, 1 72 1, 1. , 100 Swearing Punishable by Fine, 1., 219 Tavern Bill in 1717,1 87 Tavern Brawl, 1725,1., 115 Thefts of Klne and Sheep, 1689,11. 148 Thigglng and Cursing, Punishment for, 1720, i., , 219 Threatening and Intimidation by Miners, 1713, 73 Threatened Rebellion of the " Four Trades " in Greenock, 1760, 1., 156 Tocher and Outfit of a Bride, Restitution of, 1687, 44 Tocher, Restitution of, in virtue of death, after marriage, 1724, 11., 183 Trade Combinations, 1773, ii., 196 Travelling in Scotland, 1703, ii 162 Travelling, Style and Manner of, 1703,11., 162 Tyranny of the Heritable Jurisdictions, 1., 188,213 Union with England, Unpopularity of, ii., 20 Unfair Jockeyshlp, lU-Usage of a Neighbour's Horse, and consequent Penalties, 1718,1., 95 Unpublished Jacobite Song, i., 58 Unseemely Threatening of Personal Violence, 1709,!., 71 3l8 INDEX. PAGE Vagrancy, Cruel Punishment of, 17CX), i., 186 Violent Conduct of a Drunkard towards the Minister of Inchinnan, and punishment thereof, 1716, i., 85 Voluntaryism, Subscriptions for Church Building, 1659, ii., 254 Walkinshaw, Walkinshaws of, ii. , 55 — Funeral of Lady Walkinshaw, 1713, ii., 5^ — Family Medical Account, 1712-20, ii., 58 — Journeying to Edinburgh, and costs thereof, 1703, ii 164 Wanton Assault of a Poor Dancing Master, 1 720, ii. , 1 78 Weapons Used in Brawls or Assaults, 1685,1., 36 Weights and Measures, Former Diversity of, i., 191 Whipping — Case of James Moody, 1765,1., 249 — — Jean Montgomery, I770> '■> 254 — — James Carslow, 1801, i., 260 — — George Park and Robert Kerr, 1700,1., 187 Wife-Beating by Paisley Merchants, 1684-94,1., 31 Witchcraft, Prevalence of Belief in, 1692, i., 50 ^uiscritetB' Barnes. Alexander Abercrombie, Park Grove, Glasgow, William Abercrombie, Union Bank House, Paisley, The Right Hon. Lord Aberdare, London, James Adam, Fergnslie, Paisley, James Adam, Sheriff-Clerk Depute, Greenock, , John Adam, Townhead House, 42 High Street, Paisley, Stair^Agnew, Esq., Queen's and Lord Treasurer's Remembrancer, IE 12, I?, .A. T .A. . First Series. Page 205, for signature Jo: Mackay, Shef dept., read John Maxwell, Sheriff Dept. (twice). Page 297, in title of article, for 1760, read 1670. Second Series. Contents, page x, twenty-fourth line from top, for 1787, read 1687. Page 41, second Hne from top, for 1484, read 1584. Page 96, second line from top, for 1795, read 1695. Page 96, third line from top, for 1793, read 1693. Edinburgh, William Bell, Millbum, Renfrew, Robert Bird, Sen. , County Place, Paisley, Alexander Blair, 4 Hamilton Street, Greenock, Matthew Blair, Causeyside, Paisley, John Bonnar, Causeyside, Paisley, Rev. John James Bonar, St. Andrew's Free Church, Greenock, John Boyd, 95 Wellington Street, Glasgow, James Boyd, 95 Wellington Street, Glasgow, George Black, 88 West Regent Street, Glasgow, John Black, Solicitor, Greenock, Patrick M. Black, 53 Union Street, Greenock, Robert Brodie, 87 St. Vincent Street, Glasgow, Andrew Brown, Castlehill, Renfrew, Andrew Brown, George Place, Paisley, George Brown, PoUokshaws, Hugh Brown, Egypt Park, Paisley, 3l8 INDEX. PAGE Vagrancy, Crael Punishment of, 17CX), i., l85 Violent Conduct of a Drunkard towards the Minister of Inchinnan, and punishment thereof, 1716, i., 85 Voluntaryism, Subscriptions for Church Building, 1 659, ii. , 254 Walkinshaw, Walkinshaws of, ii. , 55 — Funeral of Lady Walkinshaw, 1713, ii., S^ — Family Medical Account, 1712-20, ii., 58 — Journeying to Edinburgh, and costs thereof, 1703, ii., 164 Wanton Assault of a Poor Dancing Master, 1720, ii., 178 Weapons Used in Brawls or Assaults, 1685, i., 36 Weifrhts and Measures. Former Diversitv of. i IQI jS'utisctitfrs' Barnes. n, a. Alexander Abercrombie, Park Grove, Glasgow, William Abercrombie, Union Bank House, Paisley, The Right Hon. Lord Aberdare, London, James Adam, Ferguslie, Paisley, James Adam, Sheriff-Clerk Depute, Greenock, John Adam, Townhead House, 42 High Street, Paisley, Stair Agnew, Esq., Queen's and Lord Treasurer's Remembrancer, Edinburgh, James Aiken, M. A. , Dalmoak, Dumbarton, Robert Aiken, Solicitor, Linlithgow, William Allison, Cartvale, Paisley, Archd. R. Allan, J. P., Crossbill, Glasgow, Matthew Algie, Norwood, Langside, Alexander Alston, Cladden Green, East Kilbride, Ebenezer Anderson, 6 New Street, Paisley, John Anderson, Writer, Paisley, John Anderson, Writer, Port-Glasgow, Matthew Anderson, 137 St. Vincent Street, Glasgow, Robert Anderson, Langside, Thomas Anderson, 172 St. Vincent Street, Glasgow, Thomas Anderson, Lainshaw, Stewarton, ... WiUiam Anderson, 132 St. Vincent Street, Glasgow, William Anderson, C.A., West George Street, Glasgow, John Andrews, 100 High Street, Paisley, Duke of Argyle, Inveraray Castle, Inveraray, Robert Armour, Benvue, Paisley, James Auld, writer, 14 Hamilton Street, Greenock, John Barclay, 2 Gateside, Paisley, Sheriff Barclay, Perth, John Bartlemore, Commissary Clerk, Paisley, Alexr. Begg, Castlehead, Paisley, Donald Beith, Esq., W.S., Edinburgh, James Bell, Causeyside, Paisley, WilUam Hamilton Bell, Esq., Clerk of Circuit Court of Justiciary, Edinburgh, William Bell, Millburn, Renfrew, Robert Bird, Sen., County Place, Paisley, Alexander Blair, 4 Hamilton Street, Greenock, Matthew Blair, Causeyside, Paisley, John Bonnar, Causeyside, Paisley, Rev. John James Bonar, St. Andrew's Free Church, Greenock, John Boyd, 95 Wellington Street, Glasgow, James Boyd, 95 Wellington Street, Glasgow, George Black, 88 West Regent Street, Glasgow, John Black, Solicitor, Greenock, Patrick M. Black, 53 Union Street, Greenock, Robert Brodie, 87 St. Vincent Street, Glasgow, Andrew Brown, Castlehill, Renfrew, Andrew Brown, George Place, Paisley, George Brown, PoUokshaws, Hugh Brown, Egypt Park, Paisley, 320 SUBSCRIBERS NAMES. J. T. Brown, Gibraltar House, Edinburgh, Rev. James Brown, St. James' Manse, Castlehead, Paisley, i Robert Brown, Underwood Park, Paisley, I A. Brownlie, North Parle, Barrhead, I Thomas Brunton, Solicitor, Glasgow, 1 Graham Brymner, J. P. , Mai-ybank, Greenock, I John Brymner, Ardenlea, Greenock, Charles Burridge, Shawlands, Glasgow, Marquis of Bute, Mount Stuart, Bute, John Buchanan, LL.D., 17 Landsdowne Crescent, Glasgow, Thos. D. Buchanan, M.D., L.F.P.S.G., 24 Westminster Terrace, Glasgow, Hugh Calderwood, 57 Love Street, Paisley, I James Caldwell, Craigielea Place, Paisley, I William Caldwell, 148 Renfrew Street, Glasgow, I Robert CarsweU, 79 St. Vincent Street, Glasgow, Dr. Charles Cameron, M. P. , Glasgow, James Cameron, Town Chamberlain, Renfrew, I Nicol Cameron, Pollokshaws, I Richard Cameron, Princes Street, Edinburgh, 2 Col. A. C. Campbell, Blythswood, Renfrew, i Andrew Campbell, Pollokshaws, D. Campbell, 49 Cathcart Street, Greenock, i John Campbell, Writer, Pollokshaws, i N. C. Campbell, 81 Great King Street, Edmburgh, David CarsweU, Storie Street, Paisley I David Carruthers, Solicitor, Kilmarnock, James Clark, Southbar, Paisley, I John Clark, Gateside, Paisley, I Stewart Clark, Kilnside, Paisley, I R. M. Clark, Anchor Works, Paisley, I Peter Clark, St. James Place, Paisley, Thomas Clements, Philadelphia, U.S., I G. Fyfe Christie, 62 George Square, Glasgow, Thomas Coats, Ferguslie, Paisley, 2 Sir Peter Coats, Woodside, Paisley, 2 Alexr. Cochran, Writer, Paisley, Robert Cochran, 26 New Smithhills, Paisley, i Thomas CoUedge, 120 West Regent Street, Glasgow, James Cook, Service Crescent, Emerald Hill, Melbourne, James Cook, 86 High Street, Paisley, I John Cook, 71 South Portland Street, Glasgow, I William M. Cook, Member of Legislative Assembly, Hotham, Melbourne, I William Cook, M.A., Writer, Glasgow, Wm. Robertson Copland, 83 West Regent Street, Glasgow, i Charles E. Coulborn, Renfrew, Robert Couper, Sunnyside, Cathcart, James Couper, Holmwood House, Cathcart, Hugh Cowan, Sheriff- Substitute, Belmont, Castlehead, Paisley, John Cowan, Churchhill, Paisley, i Robert Cowan, Churchhill, Paisley, i Archibald Craig, Gateside, Paisley, i Archd. F. Craig, Forbes Place, Paisley, i James Craig, 9 Wellmeado w, Paisley, i Robert Craig, Sherifif-Clerk of Dumbartonshire, I The Right Hon. Sir William Gibson Craig, Bart., Edinburgh, . William Craig, Church Street, Lochwinnoch, I JohnM. Crawford, Esplanade, Greenock, subscribers' names. 321 a, ci,- Robert Crawford, Park Place, Paisley, William Cross, George Square, Glasgow, Thomas Crichton, Gateside, Paisley, Alexr. Crum, Thornliebank, Thomas CuUen, St. James Place, Paisley, Daniel Cumming, Renfrew, Miss Cmminghame, Ibrox, Glasgow, James Dalrymple, of Woodhead, Kirkintilloch, R. F. Dalziel, Castlehead, Paisley, James Dickie, Town Clerk of Irvine, George Dickson, Sheriff-Substitute, Dunse, C. D. Donald, Jun., 172 St. Vincent Street, Glasgow, James Donald, "Villafield, Johnstone, James F. Donald, Woodbank, Johnstone, Thomas Donald, Commissary Clerk of Lanarkshire. 196 Bath Street, Glasgow, David Donaldson, Grammar School, Paisley, William Douglas, Ferry Road, Renfrew, Alexr. Dron, Cranstonhill, Glasgow, John Duff, Hazlewood, Greenock, M. J. Duncan, City of Glasgow Bank, Port-Glasgow, W. P. Dundas, Esq., Advocate, Edinburgh, John Dunlop, 82 Broomlands, Paisley, Rev. J. Mercer Dunlop, Charleswood, PoUokshaws, M. F. & J. Dunlop, 2 Church Place, Greenock, Jas. H. Dunn, County Place, Paisley, Robert Eaglesim, High Street, Paisley, Walter Easton, 22 Royal Exchange Square, Glasgow, William J. Easton, 150 West Regent Street, Glasgow, James Ewing, Glasgow, H. E. C. Ewing, Ardencaple Castle, Helensburgh, A. Robertson Ferguson, Writer, Neilston, Alexr. Ferguson, Glenlea, Newark Street, Greenock, James Finlayson, Merchiston, Johnstone, Thomas Finlaytor, City of Glasgow Bank, Paisley, John Fisher, Craigielea, Paisley, Donald Fisher, 183 St. Vincent Street, Glasgow, James Fleming, 83 Jamaica Street, Glasgow, James T. Forbes, Oakshawhead, Paisley, Alexr. Forrest, Manchester, J. P. Forrester, 342 Argyle Street, Glasgow, R. A. Forrester, Exchange Place, Glasgow, Andw. Foulds, Abbey Street, Paisley, Andrew Foulds, Jun. , 20 Storie Street, Paisley, James Frame, Union Bank of Scotland, Tradeston, Glasgow, Jas. Roy Eraser, Terrace Buildings, Paisley, Patrick Eraser, Sheriff of Renfrewshire, 8 Moray Place, Edidburgh, Alexr. FuUerton, Crossflat, Paisley, John Fullerton, Merksworth, Paisley, Thomas Fulton, Sheriff Clerk Depute, Kilmarnock, Thos. S. Galbraith, Sheriff-Clerk, Stirling, Robert Gallacher, 5 Croft Street, Renfrew, G. Gallic & Son, Buchanan Street, Glasgow, Alexr. Galloway, 59 Bath Street, Glasgow, J. Neilson Gardner, Nethercommon, Paisley, James Gardner, Writer, County Place, Robert B. Gardner, Sheriff-Clerk Depute, Linlithgow, William Gardner, 5 Forbes Place, Paisley, Rev, Wm. B. Gardner, PoUok Road, PoUokshaws, S 2 322 subscribers' names. a, a; ■4 ^ Peter Gardner, 153 St. Vincent Street, Glasgow, ■ i Wm. B. Garvie, 83 Renfield Street, Glasgow, I William Geddes, Battlefield House, Langside, Cathcart, I Matthew Gemmill, Florence Place, Gourock, William Gemmell, Writer, 150 Hope Street, Glasgow, Andw. D. Gibb, Castlehead, Paisley, i John Gilchrist, Woodbank, Crow Road, Paisley, i John Gillespie, 76 New Sneddon Street, Paisley, Rev. Robert Gillan, D. D. , Manse, Inchinnan, William Gillies, Writer, PoUokshaws, Allan Gilmour, Eaglesham House, Eaglesham, James Gilmour, 21 Caledonia Street, Paisley, ■•••■ Patrick Gilmour, Maryport Iron Works, Maryport, J. Graham Girvan, 186 West George Street, Glasgow, Earl of Glasgow, Crawford Priory, Cupar Fife, Earl of Glasgow, Hawkhead, Paisley, David Glass, Grammar School, Paisley, Robert Glegg, Esq. , Exchequer Chambers, Edinburgh, James Glen, Union Bank Buildings, Greenock, John Gordon, Aikenhead House, Cathcart, Robert Goudie, 14 AUoway Place, Ayr, William Govan, 15 Renfield Street, Glasgow, William Graham, Gloucester Street, Kingston, Glasgow, A. Forrest Graham, Sacell, Paisley, Thomas Graham, M. D. , Paisley, James Graham, Writer, 187 West George Street, Glasgow, Andw. L. Graham, 12 Park Circus, Glasgow, George Gray, Clerk of the Peace, Glasgow, Thomas Gray, Brewer, Glasgow, John Kerr Gray, Town Clerk of Greenock, i F. P. Gross, Procurator-Fiscal, Kilmarnock, I James Wylie Guild, 17 Park Terrace, Glasgow, W. G. W. Gunion, 8 Hamilton Street, Greenock, i William Hair, 33 Union Street, Greenock, i J. Hadden, Sauchiehall Street, Glasgow, I 2 Francis Halden, High Carriagehill, Paisley, Alex. & Jas. Hamilton, Writers, Kilmarnock, David Hamilton, Neilson Institution, Paisley, i J. D. Hamilton, Greenbank, Newton Mearns, I I J. G. Hamilton, Solicitor, 38 Portland Street, Kilmarnock, W. E. Hardie, Kilbarchan, John Hardy, Sheriff-Clerk, Linlithgow, Robert Harris, 31 St. James Street, Paisley, James Hay, High Street, Paisley, Robert Hay, High Street, Paisley, Robert Heddle, Esq., Register Office, Edinburgh, James Henderson, London, John Hendry, Fembank, Greenock, William HeiTon, Town-Clerk, Renfrew, Geo. R. Hislop, Gas Works, Paisley, WiUiam H. Hill, Barlanark, Shettleston, John Hodgart, Milliken Park, Johnstone, John Hodgart, Jun., Milliken Park, Johnstone, Matthew Hodgart, Renfrew Road, Paisley, John Holms, Writer, Johnstone, William Holms, M.P., Caldwell, Campbell Houston, PoUokshields, James Houston, Kinning Park, Geo. L. Houston, Johnstone Castle, Johnstone, subscribers' names. 323 a, a. Robert H. Houston, 28 West Blackhall Street, Greenock, James Howatt, 146 Buchanan Street, Glasgow, Hugh Hopkins, Renfield Street, Glasgow, Captain Hunter, County Police, Paisley, James Hunter, 82 High Street, Paisley, Robert Hunter, 8 Doune Terrace, Hillhead, Glasgow, John M. Hutcheson, Commercial Bank Buildings, Greenock, George Hutcheson, Hyde Park Cottage, St. Lawrence Street, Greenock, Rev. John Hutchison, D.D., Edinburgh, John Ingram, 63 Ingram Street, Glasgow, John Jack, 59 Queen Street, Renfrew, Peter Jack, Nethercommon, Paisley, Melville Jameson, Solicitor, Perth, Auldjo Jamieson, Esq., W.S., Crown Agent, Edinburgh, William Johnstone, Campbell Street, Johnstone, John Kidston, 50 West Regent Street, Glasgow, Alexander King, 52 White Street, New York, James King, 115 Wellington Street, Glasgow Thomas King, Writer, Watt Place, Greenock, Walter King, 63 Love Street, Paisley, Robert Kerr, Woodlands, Calside, Paisley, Robert Kerr, 34 Brisbane Street, Greenock, John B. Kelvie, Depute Sheriff- Clerk, Dunse, Alexander Lade, Writer, Port-Glasgow, James B. Lamb, 6 St. James Place, Paisley, Hugh Lamberton, 8 Adelphi Terrace, Glasgow, R. H. Lang, i Espedair Street, Paisley, Archibald Langwell, Writer, Greenock, W. O. Leitch, 5 Martin Terrace, Greenock, William Letham, 29 Cathcart Street, Greenock, Arthur Lewis, 1 7 Storie Street, Paisley, John Ligertwood, Sheriff- Clerk of Aberdeenshire, George Lindsay, Denholm Villa, PoUokshields, Thomas Linn, 66 Love Street, Paisley, David Lockhart, PoUokshaws, Alexander Logan, Esq. , Tiend Office, Edinburgh, John Logan, Calside, Paisley, James Lorimer, Esq., Advocate, Edinburgh, John Lorimer, Braeside Cottage, Paisley, John Love, Thornbank, Johnstone, John Love, Royal Bank, Greenock, William Ludovic Mair, Advocate, Edinburgh, John Lyle, Dennistoun, Glasgow, John Lymbum, 16 High Street, Paisley, John Malloch, Elderslie, John Martin, W.S., 19 Chester Street, Edinburgh, John Marshall, 93 West Regent Street, Glasgow, J. Fulton Marshall, Oakfield, Greenock, James D. Marwick, Town-Clerk of Glasgow, George Masson, Oakshawside, Paisley, David Melville, National Bank, Paisley, John Millar, East Knowe, Paisley, William Millar, Eastwoodhill, James Miller, Townhead, Paisley, J. Moodie Miller, 2 Lindsay Place, Edinburgh, S. J. Moore, M.D., F.F.P.S., Blythswood Square, Glasgow, James Meiklejohn, Thornhill, Johnstone, James Moir, 174 Gallowgate, Glasgow, James Morison, Hazledean, Newton-Mearns, 324 subscribers' names. '^' James Morrison, 55 Bath Street, Glasgow, James Morton, Balclutha, Greenock, Morison & Wright, City Bank Buildings, Greenock, John Muir, Annfield, Castlehead, Paisley, H. B. Muir, 34 Clement's Lane, Lombard Street, London, James Barclay Murdoch, Hamilton Place, Langside, Colonel Mure, M.P., Caldwell, David Murray, Royal Bank of Scotland House, Paisley, William Murray, Auchinean, Castlehead, Paisley, Thomas Murray & Son, Buchanan Street, Glasgow, James Myles, Deanside, Renfrew, Archibald Macalpine, 48 Moss Street, Paisley, H. C. MacAndrew, Sheriff-Clerk, Inverness William Macarthur, 9 High Street, Paisley, Thomas Macaulay, rg Eldon Street, Greenock, Daniel Macbeth, Sheriff-Clerk, Rothesay, A. F. M'Bean, M.A., Grammar School Paisley, jEneas Macbean, Clerk of Circuit Court of Justiciary, Edinburgh, John M. M'Callum, Paisley, C. R. M'Cl)Tnont, London, Colin M'Culloch, Writer, Council Chambers, Greenock, James M 'Cunn, Excise Buildings, Greenock J. M. M'Cosh, Writer, Dairy, J. M. M'Cosh, Clerk of Circuit Court of Justiciaiy, Edinburgh, David T. Maclay, 169 West George Street, Glasgow, C. C. M'Donald, Renfrew, D. Macdonald, Glasgow Francis Macdonald, Writer, 8 Hamilton Street, Greenock, James Macdonald, 17 Russell Square, London, W. C. , Thomas Andrew Macfarlane, of Jacksonville, Town Clerk, Airdrie ; (fonnerly of Maxwellton, Paisley, ) Andrew Macgeorge, Glenai'n, „ William M 'Ghee, Albion Engineering Works, Paisley Alex. M 'Gregor, 8 Causeyside, Paisley, P. Comyn Macgregor, Lonend House, Paisley, Patrick Macgregor, 8 Causeyside, Paisley, ; J. Macgregor, I Watt Place, Greenock Alexanders. M'Grigor, 19 Woodside Terrace, Glasgow, R. F. M'Gibbon, Moss Street, Paisley, Alex. B. M'Gown, Gilmour Street, Paisley, John M 'Gown, Camphill, Paisley, JohnM'Innes, 12 Sandholes, Paisley, John M'Innes, Writer, I Garthland Place, Paisley, William Macintyre, Jun. , Castlehead, Paisley, W. D. M 'Jannet, .Solicitor, Irvine, Wm. S. MacKean, West Croft Street, Paisley, Jas. A. MacKean, Maiyfield, Calside, Paisley, John Mackellar, Marchfield, Paisley, A. Mackenzie, Writer, Gilmour Street, Paisley, George MacKenzie, Castlehead, Paisley, < Thomas MacKenzie, Sheriff-Substitute of Ross, Cromarty, and Suther- land, Dornoch, Alexr. Mackenzie, Banker, Elgin, John Whiteford Mackenzie, of Lochwards, 16 Royal Circus, Edinburgh, John C. M'Intosh, Sheriff-Clerk Depute, Dunfermline, W. L. M'Kittrick, Shawlands, Glasgow, , James M'Kenzie, 150 St. Vincent Street, Glasgow, Graham Macfarlane, Broomfield, Johnstone, Hugh Macfarlane, British Linen Bank House, Paisley, SUBSCRIBERS NAMES. 325 a. :, James Macfarlane, Mansfield Place, Paisley, John Macfarlane, i Colston Terrace, Bristol, i Robert Macfee, i St. Mirren Street, Paisley, Daniel R. Maclelland, Town Clerk, Port-Glasgow, James MacLehose, St. Vincent Street, Glasgow, 2 William Maclachlan, 18 Renfield Street, Glasgow, i Dugald Maclachlan, Portree, Skye, W. M. Maclure, 66 Union Street, Greenock, i John M'Clure, i Lancaster Terrace, Hillhead, Glasgow, James M 'Murchy, Castlehead, Paisley, James Macnaughtan, Causeyside, Paisley, i J. Macnaughtan, Foxbar, Paisley, Archd. Macphail, 40 Lady Lane, Paisley, Thomas MacRobert, The Willows, Castlehead, Paisley, John Naismith, 2 Belgrave Terrace, Great Western Road, Glasgow, James Napier, Maryfield, Bothwell, Alexr. Nicolson, Sheriff- Substitute, Kirkcudbright, John Noble, Inverness, John Orr, King's Park Place, GlasgOAv, John F. Orr, 65 West Regent Street, Glasgow, Dr. Adam Paterson, Glasgow, James Paterson, High Carriagehill, Paisley, Walter Paterson, PoUokshaw.s, William Paterson, Princes Street, Edinburgh, William Paton, Johnstone John Patten, Jun. , 18 Kilblain Street, Greenock, Allan Park Paton, Watt Monument, Greenock, Archibald Paton, Caird & Co. 's, Greenock, James Patrick, Solicitor, Largs, John G. Patrick, Sacell, Paisley, R. W. Cochran Patrick, B.A.: LL.B.: F.S.A. Scot., of Woodside, Beith, G. H. Pattison, 9 Albyn Place, Edinburgh, William Paul, Crossflat Nursery, Paisley, D. Pentland, Buchanan Street, Glasgow, James Pinkerton, 14 Moss Street, Paisley, A. Russell Pollock, Greenhill, Paisley, James Pollock, City of Glasgow Bank, Wellmeadow Street, Paisley, John Poison, West Mount Paisley, William Poison, 5 Gauze Street, Paisley, Thomas Porter, Accountant, Johnstone, Thomas Prentice, Willow Park, Greenock, Robert Ramsay, Kerland, Crosshill, Glasgow, James Reid, 18 Causeyside, Paisley, James Reid, 32 Calside, Paisley, James Reid, Bankside, Johnstone, Thomas Reid, Bridge Street, Paisley, Thomas Reid, Ibroxhill, Govan, William Reid, Writer, Paisley, William Reid, Writer, Bank of Scotland, Johnstone, J. A. Rennison, Architect, Paisley, Daniel Richmond, M.D., New Street House, Paisley, Robert Riddle, Esq., Lyon-Clerk Depute, Edinburgh, Archibald Rigg, Corriston House, PoUokshields, R. A. Rigg, Benvue, PoUokshields, Robert Risk, 10 St. James Street, Paisley, Dr. Robertson, Clydeside, Renfrew, J. M. Robertson, Crossbill House, Crosshill, Matthew Robertson, Foxbar, Paisley, Thos. F. Robertson, Moss Street, Paisley, 326 subscribers' names. a. ft, Neil Robertson, 2 South Portland Street, Glasgow, John Ronald, Nethercommon, Paisley, John Ross, Jun. , Jordanhill, Partick, Dr. John M. Ross, High School, Edinburgh Robert Ross, 1 1 Queen's Crescent, Glasgow, William Rowat, Rosehill Cottage, Paisley, Robert Russell, Clydesdale Bank, Paisley, Royal Scottish Society of Antiquaries, Edinburgh, James Salmon, 197 St. Vincent Street, Glasgow, John Salmon, ' ' The Linn, " Johnstone, E. J. Scott, l6 Sardinia Terrace, Hillhead, Glasgow, John Seaton, Shawlands, George Sellar, Sherifif' s Clerk's Office, Glasgow, David Semple, F.S.A., Beltrees House, Paisley, George Seton, Esq. , Advocate, Edinburgh, William Sewell, PoUokshaws, Henry Shanks, Gryffe Grove, Bridge of Weir, William Shanks, Bank House, Johnstone, Robert Shankland, 38 Union Street, Greenock, William Simons, Yoker Lodge, Renfrew, James S. Smiles, Edinburgh, James C. Smith, 46 Cathcart Street, Greenock, Robert Smith, 88 High Street, Paisley, John Smith, Renfield Street, Glasgow, James Snodgrass, Sacell Mills, Paisley, John Snodgrass, Portnauld, Inchinnan, Alexander Speirs, Castlehead, Paisley, Lady Ann Speirs, Houstoun House, Houstoun, Rev. Robert Stephen, Manse, Renfrew, Thomas Shillinglaw, Esq. , Crown Office, Edinburgh, W. W. .Steuart, Cathcart House, Cathcart, Allan Stewart, Croft Cottage, Renfrew, James Stewart, William wood, Cathcart, Sir M. R. Shaw Stewart, Bart. , Ardgowan, John Stewart, Falside House, Paisley, William Stewart, Architect, Glasgow, Walter Stewart, PoUokshaws, David Stevenson, 5 Glen Lane, Paisley, Robert Stevenson, Paisley, Thomas Stevenson, 74 High Street, Johnstone, William Stevenson, 4 Berkeley Terrace, Glasgow, < W. C. Steele, Sheriff-Substitute of Stirling and Dumbarton, John Stirling, Mossvale, Paisley, T. Stout, Clerk of Faculty of Procurators, 178 St. Vincent Street, Glasgow, Captain Sutherland, Paisley, James Swan, Wattieston, Lochwinnoch, Thomas Tail, Moffat, David Taylor, M.D., Paisley, A. Taylor, Esq., Hamilton, Donald Taylor, Sheriff-Clerk, Dornoch, Robert Taylor, i Gauze Street, Paisley, John Thomas, Sheriff-Clerk, Perth, George Hunter Thoms, Sheriff of Caithness, Orkney, and Zetland, 52 Great King Street, Edinburgh, George Thomson, Royal Bank, Partick, James Thomson, 4 Gateside, Paisley, Torrance & .Stevenson, Writers, Kilmarnock, A. D. Veitch, Esq., Depute Clerk of Justiciary, Edinburgh, John Walker, Jun., Gateside, Paisley, SUBSCRIBERS NAMES. 327 John Walker, 92 High Street, Paisley, i Andrew Wallace, Sen., Cumberland Dye Works, Paisley, i Andrew Wallace, Jun., Cmnberland Dye Works, Paisley, i James Wallace, S. D. , Dundas Street, Glasgow, i Andrew Watson, Ferndean, Pollokshields, Richard Watson, Herald Office, Paisley, i William Watson, Auldhousefield, PoUokshaws, William W. Watson, City Chamberlain, Glasgow, i John Waterston, County Place, Paisley, George Webster, Kirkbuddo, Forfar, i John D. Weddell, Mosset Villa, Nairn, I William Weems, Johnstone, I James Weir, 7 Gateside, Paisley, i Robert Westlands, Helensville, Pollokshields, i Alex. Whitelaw, M. P., Gartsherrie House, Coatbridge, i George Williamson, Writer, Greenock, I Thomas Williamson, Crossmyloof, i J. Dove Wilson, Sheriif 's Chambers, Aberdeen, i James R. Wilson, Solicitor, Sanquhar, i Robert Wilson, Forehouse, Kilbarchan, I William Wilson, West Lodge, Pollokshields, I James Wingate, F.S.A., Scot. Limehouse, Hamilton, i George White, 3 Moss Street, Paisley, i John White, Scotstoun Mills, Partick, I Daniel Wright, Croft Street, Renfrew I John Wood, 9 St. James Street, Paisley, i John Wood, Maryport Iron Works, Maryport, i Alexander Young, 97 Wellington Street, Glasgow, I Alexander Young, Keir Mains, Dumblane, i David Young, Writer, Paisley, I John Young, 38 Dumbarton Road, Glasgow, i P. T. Young, County Buildings, Glasgow, i LOCAL WORKS PUBLISHED BY J. & J. COOK. THE PEN FOLK. By One who Knew Them. Second Edition. 1S72. Crown 410, 2/6. DESCRIPTIVE SKETCH OF CHANGES IN THE STYLE OF PAISLEY SHAWLS. By Mr. William Cross, Manufacturer. 1872. Foolscap 4to, with Photograph, 2/6. PAISLEY TOWN'S HOUSE, PUBLIC INN, OR SARACEN'S HEAD INN : ITS HISTORY. By Mr. David Semple, Writer, Paisley. 1870. Foolscap, 4to, 2/6. SAINT MIRIN : an Historical Account of Old Houses, Old Families, and Olden Times, in Paisley. Being Four Lectures on the Tenements of Lady House, Blakhole, and Paslay Tak, in the New Line of Street from Cross to Causeyside. By Mr. David Semple, F. S.A. 1872. Foolscap 4to, 6/ : Tall Paper Copies, 10/6. SUPPLEMENT TO SAINT MIRIN : or the History of the Chapel of Saints Mirin and Columb, popularly called the Sounding Aisle of Paisley. With Vignette. By Mr. David Semple, F.S.A. 1873. Foolscap 4to, 2/: Tall Paper Copies, 3/6. SECOND SUPPLEMENT TO SAINT MIRIN : Historical Remarks on the Demolition of the Building on the South-side of Paisley Abbey. By Mr. David Semple, F.S.A. 1874. Foolscap 4to, 2/ ; Tall Paper Copies, 3/6. MEMORIAL OF THE INAUGURATION OF FOUNTAIN GARDENS, with Portrait of Mr. Thomas Coats and Six Full-Page Illustrations. 186S. Imperial 4to, (limited to forty copies,) 31/6 ; Royal 4to, ro/6 ; Demy 8vo, 2/6. MEMORIAL OF THE PROCEEDINGS IN CONNECTION WITH THE ESTAB- LISHMENT OF THE FREE LIBRARY AND MUSEUM ; with Portrait of Sir Peter Coats and Four Full-Page Illustrations. 1871. Imperial 4to, (limited to forty-five copies,) 31/6 ; Royal 4to, 10/6. MEMORIAL OF DUNCAN WRIGHT, OF ALTICRY, the Beneficent Founder of the Duncan Wright Endowment for Educational Purposes in Paisley ; with Portrait of Mr. Wright. 1872. Post 410, 3/6. MASONIC CEREMONIES AT LAYING JIEMORIAL STONE OF NEW MUNI- CIPAL BUILDINGS, RENFREW with Historical Sketch of the Burgh, and Copy of the Charter granted by Queen Anne. Illustrated. 1872. Demy 4to, 5/; 8vo, i/6. A NICHT Wr THE TROGLODYTES. A Poetical yeu d'Esprit, interspersed with Songs. By William Stewart. 1875. Demy 8vo, in Wrapper, i/. POEMS AND SONGS. By the late David Picken. With an Original Memoir of the Author, and Illustrative Notes. 1875, Foolscap 8vo, 2/ ; Demy Octavo, with a Photo- graph, 3/6. ECCLESIASTICAL SKETCH OF LOCHWINNOCH PARISH. Crown, 8vo, bds., 3/6, (only 150 copies printed). Ill the Press. ILLUSTRATED MEMORIAL OF THE TANNAHILL CENTENARY, 3rd June, 1874 ; with Portrait of the Poet, View of his Birth-Place, and Illustrations of the Localities made classic by his Song. Demy 8vo, 7/6 ; Large Paper, r2/6. KILMALCOLM: ITS HISTORY. By Mr. Matthew Gemmell, Bridge of Weir. Foolscap 4to. ROBERT ALLAN'S POETICAL WORKS. A Complete Edition, with a Memoir. SIINOR BARDS OF RENFREWSHIRE. It is proposed to continue, uniform with Mr. Picken's Poems, a Series of the Minor Bards of the County. The first issue will probably be the Poems of Robert Allan, followed up by those of the late James Yool, James Scadlock, William M'Laken, Da\id Webster, James King, Charles Fleming, and others. Paisley, March, 187S. wm-