Digitized by IVIicrosoft® CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1 89 1 BY HENRY WILLIAMS SAGE Digitized by IVIicrosoft® CORNELL UNIVERSITY LIBRARY 3 1924 091 787 634 Digitized by IVIicrosoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® NOTE. The Plates to illustrate the late Mr. "William Dobie's paper on "The SkelmorUe Aisle and Monuments at Largs" (No. VII.), viz. — 'Exterior View of SkelmorUe Aisle,' 'Details of Monument! 'Monument of the Boyles of Kelburn and the Brisbane Vaults which were unfinished at date of issue of Volume VI., are now given after page 234 in the present volume. IS'th August 1890. Digitized by IVIicrosoft® 400 Copies printed, Of which this is No. Digitized by IVIicrosoft® MUNIMENTS OF THE IRoipal JSurgb of ^tvinc VOL. I. a^tiinhnvQlf PRINTED FOR THE AYRSHIRE AND GALLOWAY ARCH^OLOGICAL ASSOCIATION MDCCCXC Digitized by IVIicrosoft® Printed by R. &= li. Clark FOR DAVID DOUGLAS, EDINBURGH Digitized by Microsoft® AYRSHIRE AND GALLOWAY akchj:ological association ^ refluent* The EAEL of STAIR, K.T., LL.D., F.P.B.A. Scot., Lord-Lieutenant of Ayrshire and Wigtonshire. The duke of PORTLAND. The marquess of BUTE, K.T., LL.D., F.S.A. Scot. The MARQUESS of AILSA. The earl of EGLINTON and WINTON. The earl of GALLOWAY, K.T. The earl of GLASGOW. The lord HERRIES, Lord-Lieutenant of the Stewartry. The Rt. Hon. Sir JAS. FERGUSSON, Babt.,M.P.,G.C.S.I.,K.C.M.G.,C.LE., LL.D. The Right Hon. Sir J. DALRYMPLE-HAY, Bart., O.B., D.G.L., F.R.S. Sir M. SHAW- STEWART, Bart., Lord-Lieutenant of Renfrewshire. Sir ANDREW AGNEW, Bart., of Lochnaw. Sir WILLIAM WALLACE, Bart., of Lochryan. Sir WILLIAM J. MONTGOMERY- CUNINGHAME, Bart., V.C., of Corsehill. Sir HERBERT EUSTACE MAXWELL, Bart., of Monreith, M.P., F.S.A. Scot. R. A OSWALD, Esq., of Auchincruive. i&on. Secretaries for agrsljire. R. W. COCHRAN-PATRIOK, Esq., of Woodside, LL.D., F.S.A., Hon. Sec. S.A. Scot., Under Secretary for Scotland. The Hon. HEW DALRYMPLE, F.S.A. Scot, (for Carrick). J. SHEDDEN-DOBIE, Esq., of MorishiU, F.S.A. Scot, (for Cuningliame). R. MUNRO, Esq., M.D., M.A., F.S.A. Scot. J&on, Secretaries for aaHigtonsi&ire. The Rev. G. WILSON, Glenluce, C.M.S.A. Scot. SiE HERBERT EUSTACE MAXWELL, Baet., of Monreith, M.P., F.S.A Scot. I&on. Secretaries for t|)e StetoartrB, Oapiain CLARK KENNED Yof Knockgray. JAMES G.KINNA, Esq., Herron Cottage, Minnigaff. 3(oint«®reaBurers. C. G. SHAW, Esq., and D. W. SHAW, Esq., Comity Buildings, Ayr. CounctU The Right Hon. The EARL of GLASGOW. The Hon. HEW DALRYMPLE, r.S.A. Scot. Sir HERBERT EUSTACE MAXWELL, Bart., of Monreith, M.P., F.S.A, Scot. Colonel HUNTER-WESTON of Hunterston, F.S.A. F. T. R. KENNEDY, Esq., of Dunure. J. MACDONALD, Esq., LL.D., F.S.A. Scot., Glasgow. R. MUNRO, Esq., M.D., M.A., F.S.A. Scot., Kilmarnock. J. SHEDDEN-DOBIE, Esq., of Morishill, F.S.A. Scot., Beith. R. D. MURDOCH, Esq., Ayr. J. F. DALRYMPLE HAY, Esq., of Dunlop. R. M. POLLOK, Esq., of Middleton. ROBERT GOUDIE, Esq., Ayr. Digitized by IVIicrosoft® vi LIST OF MEMBERS. %i0t of apemliet0, 1890. ABERDEEN University Library. Agnew, Alexander, Procurator-Fiscal's Office, Court-House Build- ings, Dundee. Agnew, Sir Andrew, Lochnaw, Stranraer. Agnew, R. Vans, of Barnbarroch, Wigtonshire. 5 AiLSA, Marquess of, Culzean Castle, Maybole. Aitken, a., Solicitor, Stranraer. Alexander, Dr., Dundonald. Alexander, General Sir Claud, of Ballochmyle, Bart., Mauchline. Allan, Rev. William, Manse of Mochrum, Port- William. 10 Allison, R. A., Scaleby Hall, Carlisle. Anderson, W., 149 West George Street, Glasgow. Andrews, David, Solicitor, Girvan. Antiquaries, Society of, Burlington House, Piccadilly, London, W. Armour, John, jun., Architect, Irvine. 15 Armstrong, R. B., 6 Coates Crescent, Edinburgh. Arthur, M., Fullarton House, Troon, Ayrshire. Arthur, William, Arthur Seat, New Cumnock. Ayr, Burgh of BAILEY, J. Lambert, Banker, Ardrossan. 20 Baird, J. G. A., of Adamton, M.P., Wellwood, Muirkirk. Blair, Captain, of Blair, Dairy, Ayrshire. Blair, Rev. D. Oswald Hunter-, O.S.B., St. Benedict's Monastery, Fort Augustus. Blair, E. Heron Maxwell, Penninghame House, Newton-Stewart. Blair, F. C. Hunter-, F.S.A. Scot., Wine Merchant, Leamington. 25 Blanc, Hippolyte J., 73 George Street, Edinburgh. Borland, J., Chemist, Kilmarnock. BoRTHWiCK, Lord, Ravenstone, Whithorn. Boston Public Library, U.S.A. Bowie, J. H., 16 Markland Terrace, Hillhead, Glasgow. 30 Boyd, Colonel Hay, of Townend, Symington. Boyd, D. A., Seamill, West Kilbride, Ayrshire. Boyle, Col., R.E., 6 Sumner Terrace, Onslow Square, London, S.W. Digitized by IVIicrosoft® LIST OF MEMBERS. vii Brisbane, G. T., of Brisbane, Largs. Brown, A. J. Dennistoun, of Balloch Castle, Dumbartonshire. 35 Brown, D., Townend Cottage, Dairy, Ayrshire. Brown, J. Oswald, Orangefield, Monkton. Brown, J. T., Gibraltar House, Edinburgh. Brown, Miss, of Lanfine, Newmilns. Brown, Robert, Abercorn Bridge, Paisley. 40 Brown, D., & Co., Stationers, 2 King Street, Kilmarnock. Bute, Marquess of, Mountstuart, Rothesay. CAIRO, Sir James, K.C.B., 3 St. James' Square, London, S.W. Cairney, William, 4 Park Grove Terrace, West, Glasgow. Caldwell, James, Craigielea, Paisley. 45 Campbell, Colonel Sir A., Bart., of Blythswood, M.P., Renfrew. Campbell, Captain R. M., of Auchmannoch, Glaisnock House, Cumnock. Campbell, Colonel W. H., Treesbanks, Kilmarnock. Caefrae, Robert, 77 George Street, Edinburgh. Garment, J., LL.D., 32 Albany Street, Edinburgh. 50 Carruthers, David, Market Lane, Kilmarnock. Christie, William, Royal Bank, Irvine. CoMRiE, Alexander, Accountant, Dairy. Cooper, Mrs. A. F., of Failford, Tarbolton. CORRIE, A. J. 55 Cowan, Hugh, St. Leonards, Ayr. Cowan, John, 12 HiU Street, Edinburgh. Craweued, T. Macknight, of Gartsburn, Lauriston Castle, Edinburgh. Crichton, James Arthur, Sheriff of The Lothians and Peebles, 13 Nelson Street, Edinburgh. Grum, a., of Thornliebank, Glasgow. 60 GUNINGHAME, John, Ironmaster, St. Vincent Street, Glasgow. CUNINGHAME, W. G. S., of Caprington, Kilmarnock. CUNINGHAME, Sir W. J. M., Bart., V.C, of Gorsehill, Kirkbride House, Maybole. CUNLIFFE, Brooke Stewart, Chief Constable of Wigtonshire, Newton- Stewart. GuRRiE, Dr., Hydropathic Establishment, Skelmorlie. 65 Cuthbert, Alex. A., 14 Newton Terrace, Glasgow. Digitized by IVIicrosoft® viii .LIST OF MEMBERS. DALEYMPLE, Sir Charles, Bart, M.P., New Hailes, Musselburgh. Dalrymple, Hon. Hew H., Lochinch, Castle Kennedy, Stranraer. Dalrymple, Hon. North, Castle Kennedy, Stranraer. Dalrymple, Hon. Robert, Loch Inch, Castle Kennedy. 70 Davidson, Patrick, Drumley, Tarbolton. Day, Robert, yr., 3 Sydney Place, Cork. Dick, G. G., 3 Barns Street, Ayr. Dickie, Hugh, Rector, Academy, Kilmarnock. Dickie, James, Town Clerk, Irvine. 75 Dickie, James, 13 Fenchurch Avenue, London, E.C. Dickson, George, Sheriff- Substitute of Galloway, Auchendoon, Newton-Stewart. Dickson, T., General Register House, Edinburgh. Dobbie, Robert, M.D., 3 Wellington Square, Ayr. DOBIE, J. Shedden, F.S.A. Scot., of Morishill, Beith. 80 DODD, Mrs. Ashley, Stockton House, Codford St. Mary, Bath. Donaldson, J., Sunnyside, Formby, near Liverpool. DOUGALL, D., Solicitor, Ayr. Douglas, David, 10 Castle Street, Edinburgh. Douglas, J. C, M.D., Whithorn, Wigtonshire. 85 Douglas, W. D. Robinson, of Orchardton, Castle-Douglas. Drew, James, Doonhill, Newton-Stewart. Duncan, James Dalrymple, 211 Hope Street, Glasgow. Dunlop, David, Solicitor, Ayr. Dunlop, W. H., of Doonside, Ayr. 90 E ASTON, John, C.A., 41 St. Vincent Place, Glasgow. Eglinton and Winton, Earl of, Eglinton Castle, Irvine. Elder, George, Knock Castle, Largs. Evans, John, D.C.L., Nash Mills, Hemel Hempstead. FAED, James, 7 Barnton Terrace, Edinburgh. 95 Faulds, a. Wilson, Knockbuckle, Beith. Fergusson, David, Solicitor, Ayr. Fergusson, Right Hon. Sir James, Bart., K.C.M.G.,.of Kilkerran, M.P., Maybole. Fleming, John, 1 Scotland Street, Woodlands, Glasgow. Digitized by IVIicrosoft® LIST OF MEMBERS. ix Fleming, James, jr., Kilmory, Skelmorlie. 100 Flint, John, 2 Montgomerie Terrace, Ayr. Forsyth, John, Teacher, Castle-Douglas. Foster, W. K., 45 Leinster Gardens, Hyde Park, London, W. Franks, Augustus W., British Museum, London. Eraser, Sir W., K.C.B., 32 Castle Street, Edinburgh. 105 GALLOWAY, Earl of, Galloway House, Wigtonshire. Gardner, Alexander, Publisher, Paisley. Gardner, William, Shawl Manufacturer, Paisley. Geddes, G. H., 142 Princes Street, Edinburgh. Gemmell, Thomas, Banker, Ayr. 110 Gemmell, William, 150 Hope Street, Glasgow. Gillespie, William, Solicitor, Castle-Douglas. GiLMOUR, A., Solicitor, Irvine. GiLMOUR, Allan, Woodend, Kilmarnock. GiRVAN, J. Graham, 186 West George Street, Glasgow. 115 Glasgow, Earl of, Kelburne Castle, Fairlie, Ayrshire. Glasgow, E. B. Robertson, of Montgreenan, Kilwinning. Gordon, A. J., Factor, Kirkcudbright. Gordon, George W. G. M., Corsemalzie, Whauphill. GOTJDIE, Robert, SoKcitor, Ayr. 120 Graham, J., 212 West George Street, Glasgow. Graham, R. C, of Skipness, Argyleshire. Gray, G., Clerk of the Peace, Glasgow. Greenwell, Rev. Canon, Durham. Greig, T. C, Eephad, Stranraer. 125 Guthrie, Arthur, J.P., Ardrossan. HAMILTON, Captain, of Pinmore, Girvan. Hamilton, Frank S., Cairnhill, Kilmarnock. Hamilton, George, Ardendee, Kirkcudbright. Hamilton, H. M., 2 Harcourt Buildings, Temple, London. 130 Hamilton, J., Town Clerk, Kilmarnock. Hamilton, J. Wallace, of Cairnhill, Kilmarnock. Hamilton, John, of Sundrum, Ayr. Hamilton, Mrs. M. C, 13 Suffolk Square, Cheltenham. VOL. I. I Digitized by Microsoft® LIST OF MEMBERS. Hannah, A., Caimsmore, Bellahouston, Govan. 135 Hay, J. F. Dalrymple, of Dunlop, Dunlop. Hay, Eight Hon. Sir John C. Dalrymple, Bart., of Park, Wigton- shire. Henry, David, Architect, Church Square, St. Andrews. Herries, Lord, Kinharvey, New Abbey, Dumfries. Hill, Daniel, Isalee Villa, Ayr. 1 40 Hogarth, John, 1 Clutha Villa, Ardrossan. HoRNE, Eobert R., 150 Hope Street, Glasgow. Houldsworth, William, Mt. Charles, Ayr. HOWATSON, Charles, of Glenbuck, by Lanark. Hume, Lieut. -Col., 8 Abbotsford Crescent, St. Andrews. 145 Hunter, Andrew, Ayr. Hunter, David, Sea Tower, Ayr. Hutchison, Graham, of Balmaghie, Castle-Douglas. IRVINE, Burgh of. JAMIESON, Andrew, Advocate, St. Combe Street, Edinburgh. 150 Johnston, D., 160 West George Street, Glasgow. Johnston, T. B., Geographer to the Queen, 9 Claremont Crescent, Edinburgh. Jonas, A. C, 4 St. James' Crescent, Swansea. KEITH, Rev. W. A., Burham Vicarage, Rochester. Kennedy, Captain Clark, of Knockgray, F.R.G.S., F.L.S., F.Z.S., Travellers' Club, Pall Mall, London. \155 Kennedy, F. T. R., of Dunure, Ayr. Kennedy, J., of Underwood, 71 Great King Street, Edinburgh. Kennedy, J., yr., of Underwood, 71 Great King Street, Edinburgh. Kennedy, James, 25 Greendyke Street, Glasgow. Kennedy, Thomas, Glenfield, Kilmarnock. 160 KiLPATRiCK, William, Solicitor, Ayr. King, H. B., Commercial Bank, Kilwinning. Kinna, James G., Riverstead, Creebridge, Newton-Stewart. Kirkcudbright Museum, per George Hamilton, Ardendee, Kirk- cudbright. Digitized by IVIicrosoft® LIST OF MEMBERS. xi KiRKHOPE, Thomas, Writer, Ardrossan. 165 Knox, James, of Langlands, Dairy, Ayrshire. Knox, E. W., Eolbirnie. LAING, Alexander, LL.D., Newburgh-on-Tay. Lamb, J. B., Architect, Paisley. Landsborough, Rev. D., Kilmarnock. 170 Leadbetter, Thomas, 122 George Street, Edinburgh. Livingston, Rev. N., D.D., 7 Carrick Park, Ayr. Lockhart, John, Sheriff-Clerk Depute, Ayr. London Library, 12 St. James' Square, London, S.W. Lorraine, Dr., Castle-Douglas. 175 Lyon, D. Murray, Secretary to Grand Lodge of Scotland, Free- masons' Hall, Edinburgh. M'ALISTER, J., Surgeon, Kilmarnock. M'Call, James, 6 St. John's Terrace, Hillhead, Glasgow. M'Call, James, Monreith Arms, Port-William. M'Calltjm, Robert, Town Chamberlain, Ayr. 180 M'Chlery, William, Balminnoch, Kirkcowan. M'Clelland, a. S., 115 St.' Vincent St., Glasgow. M'Connachie, J. A., C.E., 12 Victoria Road, Kensington, London, W. M'Connel, William, of Knockdolian, Girvan. M'Cosh, James M., Solicitor, Dairy, Ayrshire. 185 M'CULLOCH, David, Beech Grove, Kilmarnock. M'CuLLOCH, Thomas, Founder, Kilmarnock. M'EWEN, Robert F., of Bardrochwood, 16 Randolph Crescent, Edinburgh. M'FiE, Alexander, Banker, Whithorn. M'GiBBON, D., 65 Frederick Street, Edinburgh. 190 M'Gibbon, William, Draper, Stranraer. M'Grigor, Dr. A. B., 19 Woodside Terrace, Glasgow. M'Hatfie, Wm. J., Torhousemuir, Wigton. M'Kerlie, p. H., 26 Pembridge Villas, Bayswater, London, W. M'Kerrell, R. M., of Hillhouse, Dundonald. 195 M'Kerrow, Dr., Ayr. Macarthur, Lady, 27 Princes Gardens, London, S.W. Digitized by IVIicrosoft® xii LIST OF MEMBEES. Maodonald, Alexander, 9 Montgomerie Drive, Kelvinside, G-lasgow. Macdonald, a. Gt., The Crescent, Ardrossan. Macdonald, J., LL.D., 14 Kingsborough Gardens, Kelvinside, Glasgow. 200 Macdonald, J. C. R, "W.S., Dumfries. Maodouall, James, of Logan, Stranraer. Macdowall, Henry, younger, of Garthland, Lochwinnoch. Macfarlane, Dr., 6 Manchester Square, London, W. Mackean, J. A., Maryfield, Paisley. 205 Mackenzie, Alexander, 7 Gilmour Street, Paisley. Mackenzie, James, Solicitor, Stranraer. MACKINNON, William, 115 St. Vincent Street, Glasgow. MACLEOD, Eev. W., 112 Thirlestane Eoad, Whitehouse Loan, Edinburgh. Maopherson, Professor Norman, Sheriff of Dumfries and Galloway, 2 Eandolph Cliff, Edinburgh. 210 Macrorie, William, Solicitor, Ayr. Marwick, Sir J. D., LL.D., F.RS.E., Town Clerk, Glasgow. Matthews, Eev. G. D., D.D., 25 Christchurch Eoad, Brondesbury, London, N.W. Maxwell, Mrs,, of Carruchan, Dumfries. Maxwell, Francis, of Gribton, Dumfries. 215 Maxwell, Sir Herbert Eustace, Bart., M.P., of Monreith, Whauphill. Maxwell, Captain John Heron, yr., of Penninghame, Newton- Stewart. Maxwell, Sir W. F., Bart., Cardoness, Gatehouse. Maxwell, W. H., of Munches, Kirkcudbright. Maxwell, Wellwood, of Kirkennan, by Dalbeattie. 220 Mercer, John, C.E., Ayr. MiddlemAS, W.,Town Clerk's Oflace, Kilmarnock. Mitchell, Sir Arthur, 34 Drummond Place, Edinburgh. Mitchell, J. 0., 69 East Howard Street, Glasgow. Mitchell, J. W., Lyon-Clerk Depute, Edinburgh. 225 Mitchell Library, Ingram Street, Glasgow. Montgomerie, J. C, Dalmore, Stair. Morris, A. Pollok, of Craig, c/o Messrs. M'Grigor, Donald, & Co., 172 St. Vincent Street, Glasgow. Digitized by IVIicrosoft® LIST OF MEMBERS. ^i" Morris, James A., F.R.I.B.A., 28 Canfield Gardens, South Hamp- stead, London, N."W. MuNRO, Eev. Alexander, D.D., 52 Great Clyde Street, Glasgow. 230 MuNRO, Dr. R., Kilmarnock. MuRCHLAND, Charles, Publisher, Irvine. Murdoch, J. B., Barclay, Langside, Glasgow. Murdoch, John, Architect, Ayr. Murdoch, E. D., Fairfield Lodge, Ayr. 235 Murray, David, 169 West George Street, Glasgow. Murray, WiUiam, Barns Park, Ayr. Mutter, James, of Meiklelaught, Ardrossan. NIMMO, Mrs. E. H., Alcombe, Chippenham, Wiltshire. OLIVER, Eev. J., Manse of Maryhill, Glasgow. 240 Oswald, R. A., of Auchincruive, Ayr. PARLANE, James, Appleby Lodge, Rusholme, Manchester. Paterson, John, of Knowehead, Irvine. Paterson, Sheriff Orr, Ayr. Paton, Hugh, Seedsman, Kilmarnock. 245 Paton, James B., Merchant, Ayr. Paton, Robert, Gartferry, Ayr. Patrick, Miss Cochran-, Ladyland, Beith. Patrick, R. W. Cocliran-, of Woodside, Beith. Patrick, W. Ralston, of Trearne, Beith. 250 PiCKEN, James, Hillhouse Lodge, Fen wick. Pollock, William, Solicitor, Ayr. POLLOK, R. M, of Middleton, Ayr. Portland, Duke of, Welbeck Abbey, Worksop, Notts. Powlett, Hon. A. L. Orde, Bolton Hall, Wensley, Yorkshire. 255 Powlett, Hon. W. T. Orde, Wensley Hall, Wensley, Yorkshire. Procurators, Faculty of, Glasgow. RAFF, James, 14 Kingsborough Gardens, Kelvinside, Glasgow. Railton, William, St. Marnock Place, Kilmarnock. Digitized by IVIicrosoft® xiv LIST OF MEMBERS. Eamsay, Dr., Lochwinnoch. 260 Ramsay, E., 33 Greendyke Street, Glasgow. Ranken, G. J., Solicitor, Ayr. Reid, Charles, Lily Mount, Kilmarnock. Reid, H. G., 1 1 Cromwell Crescent, South Kensington, London, S.W. Reid, William, junior, 3 County Place, Paisley. 265 Rbnnie, Thomas, Banker, Maybole. RoBB, George, 11 Germiston Street, Glasgow. Robertson, Rev. W. B., Westfield, "West Calder. Rose, James, 11 Langlands Street, Kilmarnock. RowAT, William, St. Margaret's, Paisley. 270 SCOTT, John, C.B., Hawkhill, Greenock. Selby, R. B., M.D., Port-William. Shaw, Charles G., Ayr. Signet Library, Edinburgh. Smith, Rev. George Muir, 6 Clarendon Place, Stirling. 275 Smith, J. Guthrie, Mugdock Castle, Milngavie. Somervell, James, of Sorn, M.P., Mauchline. Stair, Earl of, Lochinch, Castle Kennedy, Stranraer. Stephen & Pollock, 31 Sandgate Street, Ayr. Stevenson, Allan, Architect, Ayr. 280 Stevenson, T. G., 22 Frederick Street, Edinburgh. Stewart, Gen. The Hon. A., Corsbie, Newton Stewart. Stewart, H. G. Murray, of Cally, Gatehouse. Stewart, J., Heathfield, Irvine. Stewart, Mark J., M.P., Ardwell, Wigtonshire. 285 Stewart, Sir Michael Shaw, Bart., of Ardgowan, Greenock. Stewart, Robert Hathorn Johnston, Glasserton, Whithorn. Stillie, James, 19 George Street, Edinburgh. Struthers, a. W., 3 Barns Terrace, Ayr. Sturrock, Arthur, British Linen Company Bank, Kilmarnock. 290 Sturrock, J., junior, Solicitor, Kilmarnock. Sturrock, Peter, Kilmarnock. Symington, G., Banker, Glenluce. THOMSON, Rev. J. H., Free Church Manse, Hightae, Lockerbie. Trottee, Robert de Bruce, M.D., Perth. Digitized by IVIicrosoft® LIST OF MEMBEES. xv 295 TuRNBTJLL, Andrew, Town-Chamberlain, Kilmarnock. Turner, F. J., Mansfield Woodhouse, Mansfield, Notts. Turner, J. H., Portland Estate OflSce, Kilmarnock. VEENON, Hon. G. R., M.P., Auchans, Dundonald. Vivian, A. P., St. James St., Buckingham Gate, London, S.W. 300 WALES, James, of Buckstone, Rawdon, Yorkshire. Walker, J., 74 Bath Street, Glasgow. Wallace, Charles, Dally, ICirkcolm, Stranraer. Wallace, Lieut.-Col. Sir William, Bart., of Lochryan, Stranraer. Wallet, Duncan, 15 BUliter Street, London. 305 Watson, J. C, 19 Kelvinside Terrace, Kelvinside, Glasgow. Watson, Peter, Cashier, Annbank. Watt, Dr. J. R., Ayr. Weir, William, of KUdonan, Portland Ironworks, Kilmarnock. Weston, Col. Gould Hunter-, of Hunterston, West Kilbride. 310 Williamson, Walter, Solicitor, Beith, Wilson, Rev. G., Free Church Manse, Glenluce, Wigtonshire. Wilson, R. Dobie, 38 Upper Brook Street, London, W. Wood, Adam, Portland VUla, Troon. Wright, Hugh, of Alticry, Port- William. 315 Wylie, R, Kilwinning. YOUNG, David, Town Clerk, Paisley. Digitized by IVIicrosoft® Digitized by IVIicrosoft® PREFACE The archives of the Royal Burgh of Irvine, unreservedly placed by the Town Council at the disposal of the Association for the purposes of this publication, have been found so full of interesting material that, combined with documents from other and collateral sources, it has been rendered necessary to extend the issue to a second Volume. Even then, however, much that is of interest will remain unpublished, which, it is hoped, may appear in some future issue of the Association. The present Volume, containing the Burgh Charters and Writs and Church Grants, together with the article on the Seagate Castle and the exploration of its ruins by Mr. Galloway, having been now completed, it has been thought better to proceed with its distribution to the Members without further delay ; the second Volume, containing Miscellaneous Muniments, Council Booh and Excerpts from the Burgh Accounts, to foUow at an early date. It gives me much pleasure here to acknowledge my great obhgation to Dr. Dickson of H.M.'s Register House ; and also to the Eev. Walter MacLeod, under whose superintendence the transcriptions, translations, and revision of the proofs of the various manuscripts, the facsimiles and woodcuts, have been so carefully and ably carried out. My thanks are also due to Mr. Paterson of Knowehead, ex-Provost, and to Mr. Dickie, Town Clerk of the Burgh, for their most willing assistance. JOHN SHEDDEN-DOBIE, MOEISHILL, May 1890. Hon. See. for Guninghame. VOL. I c Digitized by IVIicrosoft® Digitized by IVIicrosoft® TABLE OF CONTENTS PAGE Introduction ... . xxix The Seagate Castle . . xxxix I.— BUEGH CHAETEES AND WEITS. 1. Agreement between the Burgesses of Irvine and Brice of Eglinton, granting to the latter twenty acres infeuferme — 200th December 1570 ....... 203 16. Letters in the Four forms at the instance of the Burgh of Irvine against their Tenants in the church lands, etc. — 29th February 1572 . . . . 204 17. Feu-Charter by Thomas Andrew, Vicar of Irvine, to Peter Broun of Burrowland, of the KirUands of the Vicarage of Irvine — 1572 . . . . 208 18. Charter by King James the Sixth, granting' to the Burgh of Irvine the ecclesiastical property within the Burgh for the support of a School — S^A June 1572 . 211 19. Precept of Sasinefor infefting the Burgh of Irvine in the church property granted for the Foundation of the King's SeJwol of Irvine — 8th June 1572 . . ; 214 20. Minute of the Commission of Benefices in regard to the Rental of church lands and benefices in Irvine — 1 2th August 1573 . . . . . 216 21. Instrument of Sasine in favour of the Burgh of Irvine of the lands and rents, etc., formerly belonging to the Church and Carmelite Friars of Irvine — idh October 1574 ........ 217 22. Receipt by the Chamberlain of Kilwinning to the Burgh of Irvine, for the teind duty of half a tun of wine for the Bogflats — 28th October 1511 . . . 220 23. Contract between the Town of Irvine and Mr. William Strang their minister — August 1583 ........ 221 34. Discharge by James Cuninghame of Montgrenan to Ninian Barclay, Provost of Irvine, for the Teinds of the Burgh lands of Bogfaulds — ith August 1602 . 222 25. Discharge by James Cuninghame of Montgrenan to the Magistrates of Irvine, for the Teinds of the Bogfaulds— 2lst June 1603 . . . . 223 26. Discharge by James Cuninghame of Montgrenan for the Teinds of the Bogfaulds — 30th January 1Q05 ....... 224 27. Discharge by James Cuninghame of Montgrenan for the Teinds of the Bogfaulds — 26th June 1605 ....... 225 28. Discharge by James Cuninghame of Montgrenan for the Teinds of the Bogfaulds — 30th May \606 ....... 225 29. Obligation by the Magistrates of Irvine to provide Mr. David Dickson their minister with a suficient Manse and Glebe — I5th February 1631. [Copy.] . 226 30. Receipt by Alexander Fo.rl of Eglinton to Robert Barclay of Pearston fo^- Teind Meal— 23d June \6i2 ...... 228 31. Reasons assigned by Mr. Patrick Warner, Minister of Irvine, for demitting his Charge ~28th July 1702 ....... 229 VOL. I d Digitized by IVIicrosoft® xxvi MUNIMENTS OF THE BURGH OF IRVINE. APPENDIX. PAGE Charter by Robert I. to Robert the Steward, Son and Heir of Walter, Steward of Scotland, of the Barony of Ciminghame — not dated . . . 233 Index. ........ 235 CORRIGENDUM. Page 197, line 8 from top, for Sir Thomas Makgee, read Sir John Makgee. Digitized by Microsoft® LIST OF ILLUSTRATIONS SEAGATE CASTLE. Plates — I. Geound-plan and Sections ..... II. PLAif OF FiEST Floor ...... III. South Elevation ....... IV. Elevation op Large Window and Panelling over Entrance Gateway ....... V. Details of Large Windows, First Floor, Panelling, Cornice, AND Chimney Copes ..... VI. Entrance Gateway ..... VII. Armorial Bearings, etc., over Entrance Way . VIII. View from North-East ..... IX. Inteeioe View of the Ancient Tower X. Details of Ancient Tower .... PAGE faemg xli „ xUii „ xliv between xliv-xlv „ xliv-xlv fadng xlvi „ xlvii „ xlviii „ xlix 1 MUNIMENTS OE THE BUEGH. Facsimiles — Charter by Robert the Bruce to the Burgh of Irvine, 12th Mat 1322 facing 9 Charter by Robert IL, 8th April 1372 .... between 10-11 Letter of Protection by Robert II., 14th February 1372-73 . „ 12-13 Confirmation by Robert III. of the above Letter of Protection, 2d January 1390-91 . . . . . .„ 18-19 Notification by Robert Duke of Albany, Governor of Scotland, 24th July 1417 ........ 20-21 Letter from the Marquis of Argyll, 27th February 1646 . . facing 103 Grant by Thomas Baxter to the Church of Irvine, 29th February 1323-24 ....... between .124-125 Instrument of Resignation by James Chalmer of Gadgirth, 6th September 1502 . . . . . . . „ 156-157 Digitized by IVIicrosoft® xxviii LIST OF ILLUSTRATIONS. Woodcuts — PAGE Signature of Queen Margaret, Widow of James IV., 1514 . . . 34 Signature of Jambs Earl of Arran, Governor of Scotland, 1549 . . 50 Signature of Mathew Earl of Lennox, 1565 . . . . 52 Signatures of Archibald Earl of Argyll, and Hew Campbell, Provost of Irvine, 1572 ........ 60 Privy Seal of James VI, 1579 ...... 69 Signatures of James VI., and the Earls of Montrose and Buchan, 1579 . 70 Signatures of Lords Blantyrb, Newbotle, and Lynclouden, and of A. Hay, the Laird op Colluthy, Durhame of Duntervie, and Mr. G. Young, 1593-94 81 Signature of Lord Chancellor the Earl of Loudoun, 1644 . . . 102 Seal of the Abbot of Lindores,, 1426 . . . . .131 Seal of Einlay Park, Burgess of Irvine, 1455 . . 147 Seal of Rankin Broun, Burgess of Irvine, 1506 . . . .160 Signatures of John Peblis, Provost of Irvine, Egbert Kyle, Bailie, Thomas Brown, Hew Nevin, William Scott, Hew Scott, and Stenb Quhyt, 1570 204 Signatures op Thomas Andrew, Vicar of Irvine, Alexander Earl of Glen- cairn, AND Alexander Commend ator of Kilwinning, 1572 . . 210 Signatures op Mr. James Cuhinghame op Montgrenan and John Blair of that Ilk, 1603 ........ 224 Signature op John Stewart, Sheriff of Bute, 1605 .... 225 Signature of Thomas Boyd op Bowinschaw, 1605 . . . 225 Signature of Alexander Earl op Eglinton, 1642 . . . 229 ZiNCOGRAPHS — Sculptured Stone from the Old Tolbuith . . . . 122 Oak Panelling from Old Parish Church of Irvine, 1649 . . . 231 Digitized by IVIicrosoft® INTRODUCTION It is mucli to be regretted that the earlier records of Irvine have not been preserved. No original document of date prior to the reign of Eobert I. is now extant in the archives of the Burgh. Eegarding its more ancient history gleaned from other sources, there can be no question that as a town it was known at a very early period. Eoger de Hoveden, who died about 1201, mentions "Irewin in Cuninghame," as a place of note in 1184, and the historian Chalmers states that the town, and the castle under the protection of which it arose, were in existence before the castle and town of Ayr were founded.^ This statement, however, seems open to doubt, as the Charter of William the Lion erecting the town of Ayr into a royal burgh, and which is dated between the years 1202 and 1207, speaks of his "new castle at Ayr;" and that an old town and castle existed previous to 1197, is highly probable from the words in the Chronicle of Melrose,"^ " Factum est novum oppidum inter Don et Ar." In the year 1205 an agreement is entered into at Irvine betwixt the burgesses and whole community thereof and Brice of Eglunstone, by which the burgesses granted certain lands to the said Brice, he paying therefor, in the parish church of Irvine, ten shillings of sterlings yearly in name of feu- ferme.^ In a dispute between the Abbacies of Dryburgh and Eal winning regarding their rights to the church of Lauder, decree is pronounced by the judges appointed by Pope Honorius III. at Irvine in 1222.* In the Chartulary of Paisley, the case of the Abbot against Gilbert the son of Samuel of Eenfrew, for withholding and alienating the lands of Monach- keneran, belonging to the church of Kilpatrick, is very fully recorded. 1 Caledonia, vol. iii. p. 545. ^ "Burgh Charters and Writs," No. 1. 2 Ayr and Wigton Arch. Assoc. Vol. for 1883, * Ayr and Wigton Arch. Assoc, VoL I. pp. Introduction; and Chron. de Mailros, p. 103. 134-5. Digitized by Microsoft® XXX INTEODUCTION. The trial took place in the year 1233, the twentieth year of Alexander II., and the Papal commissioners sat in the parish church of Irvine.^ In the year 1260, an agreement entered into between the burgesses and Sir Godfrey de Eoss anent the occupation of the lands of Hormissok and others is dated at Irvine.^ It may here be remarked that four members of the Balliol family (the name contracted to " Ball ") appear to have been present at the arrangement. In July 1297, the English army under Percy ad- vanced from Ayr towards Irvine, and on the 7th and 9th of that month a treaty was concluded, the original of which is to be found in the Public Eecord Office, London,^ by which certain of the Scottish leaders submitted to the English. The records of this treaty have been printed in full by Eymer and Stevenson.* The town and castle of Irvine being within the lordship of Cuning- hame, which, in the twelfth century, along with the lordships of Largs and Lauderdail, had been granted by David I. to Hugh de Morville, Great Constable of Scotland, probably arose under the ownership of that power- ful family, or some of its only less potent vassals. In 1196 these territories passed from the de Morvilles through failure of heirs -male, and in the following century, descending through female succession, were held by various families, among whom were the Balliols. On the accession of Eobert the Bruce to the throne the greater portion of these possessions fell by forfeiture to the Crown, and were granted by Bruce to sundry of his faithful adherents. The lordship of Largs was conferred by him upon his son-in-law, Walter, the Steward of Scotland.^ He also granted to his grandson, Eobert Stewart, son and heir of Walter, the Steward of Scotland, for homage and service, all his lands of Cuninghame, as well within burgh as without, to- have and hold the same without any reservation, in free barony, with all the privileges thereto belonging, — " Doing therefor to us and our heirs the service of three Knights in our common army, and suits of court at our court of Ayr when it shall happen." This charter is un- dated.® As there was no other burgh town in the district of Cuninghame at that period, the words, " as well within burgh as without," could only apply to Irvine, the chief town and seat of the barony court. On 12th 1 Reg. Passekt. p. 166; see also Scotch Legal * Kymer's Fcedera (Hague Ed.), vol. i. part Antiquities, by Cosmo Innes, pp. 214-221. ii. p. 182. 2 "Burgh Charters and "Writs," No. 2. 5 Caledonia, vol. iii. p. 562. ^ Hist Doc. Scot. (Record m., 1870), vol. ii. <^ Beg. Mag. %. Rot. I., No. 54. Vide T- 192. Appendix, page 233, infra. Digitized by IVIicrosoft® INTEODUCTION. xxxi May 1322, Bruce granted a Charter in favour of the burgesses of Irvine, in wMcli he refers to and confirms a charter granted by Alexander 11. , freeing and relieving the said burgesses from all toll and custom on their burgess goods throughout his whole kingdom, and that they by his present charter shall henceforth be altogether quit and for ever free from the toll they had been wont to pay in " our burgh of Ayr." The terms used relative to Ayr and Irvine seemed to infer that the latter had not been erected into a royal burgh when these charters were granted. On the death of David II. without issue, the succession to the crown devolved upon Robert the Steward, who was crowned at Scoon, on 22d February 1371, as Eobert II. On 8th April 1372, in the second year of his reign, he grants the charter in favour of the burgh of Irvine, in which, in the first place, and following upon an inquest made at his command by his bailie of Cuninghame, he settles in favour of Irvine the dispute pending between Irvine and Ayr as to their respective rights of traffic and merchan- dise within the baronies of Cuninghame and Largs. He then proceeds to bestow upon Irvine and burgesses thereof the privileges of a royal burgh, and that they should hold and possess the same as a free burgh, with all liberties and privileges, as freely, fully, and honourably as any burgh within his kingdom, exempting them from any toll or other servitude, and granting them every liberty of guild that other burgesses whatsoever of his kingdom hitherto have enjoyed. This charter will be found in the original, and translated, as No. 4 of the " Burgh Charters and Writs " of this volume, and a facsimile of the charter is also there inserted. The foregoing charter is followed on 14th February 1372-3 by a precept or letter of protection, addressed by the King to the chamberlain and other officers of the Crown, as well as provosts and bailies of burghs, and all whom it may concern, commanding them to respect and preserve the liberties and privileges which had been recognised as belonging to "our burgh of Irvine" by his previous charter or confirmation. This document appears in extenso and in fac- simile as No. 5 of "Burgh Charters and Writs." It has been thought necessary to be thus particular, as the last-mentioned document, ever since the publication of Robertson's Topographical Description of Cuninghame in 1820, in which the contents of the charter chest of the burgh are enumerated, had been looked upon as a precept by Robert the Bruce, and it was only when submitted to the critical inspection of Dr. Dickson, the learned curator of the Historical Department of H.M.'s Register House, Digitized by IVIicrosoft® xxxii INTRODUCTION. that the suspected mistake was confirmed, and the document in question pronounced, without doubt or hesitation, to be the precept or letter of protection by Eobert 11. The Seagate Castle, the ruins of which are fully described and depicted in the article by Mr. Galloway, would seem to have passed into the possession of Sir Hugh de Eglintoun, along with the ofiice of bailie of the Barony of Cuninghame, granted to him by Eobert the Steward in 1366.^ Sir Hugh, who married the Steward's half-sister, Egidia, had an only child, Elizabeth, who married John Montgomerie of Egleshame, to whom the estates and possessions eventually passed, and whose descendants after- wards became Earls of Eglintoun. The Seagate Castle is the only remnant of the ancient civil and ecclesiastical buildings in the burgh which has survived the ruthless march of so-called modern improvement, all the others having been entirely cleared away. The Town, or Council House, or Tolbuith, as it is variously designated, the site for which was granted by Eobert II. in 1386, and on which the original building was no doubt soon afterwards erected, underwent many repairs and enlargements at various subsequent periods, and remained an interesting landmark of the history of the royal burgh, till, in the year 1861, it was completely removed. With the exception of the royal arms, which crumbled to pieces when being taken down, one of the supporters, the lion, only remaining entire, the sculptured stones formerly adorning the walls of the venerable building were preserved, and will be found inserted in the wall of the vestibule and over the door of the Council- room of the modern Town House. The one in the vestibule, bearing the sceptre and- sword saltire-wise, surmounted by a crown, with the legend, rather illegible, and the first word all but obliterated, "... Lyra triplex cui diadema triplex," formerly occupied a position on the wall of the Court- room over the bench of Justice. The other, bearing on an ornamented shield the arms of the burgh, viz. a lion crowned sejant affronte, in his dexter paw a sword proper, and in his sinister a sceptre, the shield sup- ported by nude figures resting on foliated scroll work, and holding the ends of an escroU inscribed with the motto, " Tandem bona causa triumphat," — occupied a position over the street entrance to the old Council Chamber. Zincographs of these stones will be found as tail-pieces to "Burgh Muni- ments," section I. of this volume and section II. of volume Second. 1 Memorials of the Montgomeries, vol. ii. p. 6. Digitized by IVIicrosoft® INTRODUCTION. xxxiii The oldest Seal, and the only specimen in the archives of the burgh found entire, is that appended to the Letters of Bailliary to Stephen Tran and others, under date 6th October 1552, No. 4 of "Miscellaneous Muniments," Vol. II., where a woodcut of the seal will also be found. On one side is represented the Virgin and Child, with the legend — Sigillum commune hurgi de Erwyne; on the other, a lion sejant guardant chained to a tree, and his extended dexter paw grasping it, another tree being placed behind him, the legend on which is unfortunately illegible. That this device of the lion represents the more ancient blazon of the burgh arms is corroborated by Tim- othy Pont in the beginning of the following century, who, writing of Irvine, ends his notice by saying, " the toun bears for its arms, argent, a lion chained gules." Turning to the Lyon office we find from a letter of Mr. Anderson, Lyon Clerk-Depute, in October 1850, that the burgh arms were probably entered in the old Eegister of all Armes, lost or destroyed by fire, circa 1672, but they do not appear in the new Eegister authorised to be made by Act of Parliament, 2 Charles II. In an old MS. volume in the office, however, Mr. Anderson adds, the following blazon occurs : " Irvine— Argent, a lyon sejant affronte gules, armed and langued azure, in his dexter paw a sword proper, hilted and pommelled or, in the sinister a sceptre of the last." This blazon coincides with the sculptured arms on the stone of the old Townhouse, the legend on which may refer to the restoration of King Charles II., while that on the other stone — "Threefold praise to him who wears the triple crown " — may allude to his title of King of Great Britain, France, and Ireland. The devices in both cases are similar to those on some of the coins of the period (vide Coinage of Scotland, by E. W. Cochran-Patrick, vol. ii. plates ix. x. xiv.), and seem to ofiier a clue to the time when these sculptured stones were executed. In Laing's Catalogue of Scottish Seals (vol. ii. p. 218), three seals of the burgh are described. The first and larger, bearing the device of the Virgin and Child, and, on the counter, the lion sejant affront^, is considered by him as probably not earlier than the seventeenth century. The other and smaller seals, bear- ing a lion sejant guardant, crowned, between two trees, are of very coarse workmanship and apparently modern. The matrices of those seals, the two first mentioned in silver, the latter of brass, are preserved in the repositories of the Town Council. The Bell, formerly hung in the Town House or Tolbuith steeple, has also been preserved and hung in the tower of the modern edifice. It bears this VOL. I e Digitized by IVIicrosoft® xxxiv INTEODUCTION. inscription : " Tolbuitli bell of the burgh of Irvin 1637 ;" and is still rung to summon the magistrates to the Council meetings and the lieges to the Justice of Peace Courts. Near to the south end of the Town House stood what has been described as a " magnificent cross." There is no record of the date of its erection, but it was taken down in 1694, and the materials composing it used in the construction of the buildings for the Meal Market in 1695.^ The ports or gates of the burgh at the town head and town end were ordered to be taken down in 1756 ; and the Tron or ancient weighing-house, to the north of the Town House, was removed in 1866. The Church of Irvine, which, before the Eeformation, belonged to the monks of Kilwinning, is of very ancient date, probably coeval with the town. From Dempster we learn that St. Inan, a most holy confessor and celebrated doctor of Christianity, died at Irvine, of which place he was patron. He is said to have flourished in 839, his festival being the 18th of August 0. S.^ The cell of this holy man may therefore have been the origin of the church, but in later times his name as patron appears to have been superseded, and the church of Irvine was dedicated to the B. V. M. This is shown in the confirmation by James II., in 1451, of the grant by Lady Alicia Campbell, in which the church is called the "parish church of St. Mary the Virgin of Irvine."^ St. Inan has not even an altar dedicated to him in the church, unless under the name of St. Ninian, and Lady-day, or Mary-mass, has long been held as the festival day of the burgh.* The church became enriched by various endowments, vide " Church Grants," the earliest of which, extant in the archives of the burgh, is dated in 1323-4. From these the church would appear gradually to have as- sumed an extent and importance very much superior to the ordinary run of parochial churches. Besides the chaplains for the ordinary service of the church it had endowments for chaplains and chaplainries at the altars of St. Katherine and St. Ninian ; the altar of St. Michael in the new aisle of the blessed Virgin Mary ; the altar of St. Peter the Apostle in the north aisle ; the altar of St. Conwal the Confessor, St. Stephen and St. Sebastian the martyrs in the south aisle ; the altar of the blessed Virgin Mary, the altar of St. Salvator and St. Thomas the Martyr in the aisle built on the 1 Neio Stat, ^cc, vol. "Ayrshire," p. 625 ; and ^ _g-j'sj_ Secies. Gent. Scot., p. 379. Minute of Council, 14tli Aug. 1694. 3 "Churcli Grants," No. 7. * Act James VI. 1578. Digitized by IVIicrosoft® INTEODUOTION. xxxv north side of the nave ; and the altar of St. John the Baptist, Christopher the Martyr, and Mnian the Pontiff. Near to the church, but detached from it, stood a chapel also dedicated to the Virgin. In the grant by Lady Alicia Campbell of 2d January 1451 endowing the chaplain thereof, it is described as " situated on the bank of the Water of Irvine near the church of the burgh." In the same grant she endows another chaplain to serve at the altar of St. Michael in the parish church, of which chaplainries the bailies and community of Irvine are to be patrons after her decease — the chaplains to be continually resident and to minister personally. They were also to be of good moral character. In November 1506 a further endowment is made by Eankin Broun to the chaplain ministering at the chapel of the most blessed Virgin Mary " de Banko," or " Marie de Bank," as it is subsequently called in a confirmation of a presentation to the chaplainry by the bailies of Irvine. In regard to these grants it is here thought worthy of notice that, in the grant of Thomas, called Baxter, in 1323-4, the names of the proprietors of lands bounding the lands granted, are for the most part designed by their christian names only, e.g. — William son of Henry son of the vicar, Isabella daughter of Eoger son of Fergus, James of the Crag son and heir of John of the Crag, etc. , — and as the Baxters' seal is little known he borrows the seal of Adam, abbot of Kilwinning, and the common seal of the burgh, which are affixed to the document. While, in the grant in 1426 by William, canon of Glasgow and vicar of Dundonald, the names of the contiguous proprietors are given in modern fashion, both christian name and surname. In the instrument of sasine proceeding on the grant of Lady Alicia Campbell to the altar of St. Michael, a procession is described, in which St. Michael's image was led to the tenements granted, and invested with the symbols of heritable state and sasine. Some of the granters have thought it necessary to curb the evil tendencies of the clerics by the terrors of dismissal. While, on the other hand, it is pleasant to notice that a certain number of the older and feebler inhabitants are provided with bread, meat, and ale on the anniversary of the donor's decease. The fabric of the church, probably a simple oblong originally, after the addition of the three aisles mentioned above, must have assumed a pictur- esque exterior, and the many altar-pieces have added much to the appear- ance and interest of its interior. It is much to be regretted that no drawings of the church or chapel of any kind, nor any description of either. Digitized by Microsoft® xxxvi INTRODUCTION. except of the most meagre character, are known to exist. Pont, writing in 1604-8, calls it " a fair church." Bishop Pococke, who made a tour through Scotland in 1760,^ in one of his letters to his sister, thus describes his visit to Irvine as he proceeded from Kilwinning : — "I went two miles to Irvine, and having crossed the river, observed a tumulus and some works that were much like a Eoman camp. Irvine is situated between two rivers, and a third falls in very near them. It is a pretty good harbour, and they have a great trade in fishing, and exporting coal to Ireland called Scotch coal. They make Scotch blue, and have a great manufactory of ropes for shipping. There is something singular in the doors and window-cases of the castle or old ruined mansion-house of the Earl of Eglinton, to whose ancestors the lands of Kilwinning Abbey were granted and erected into a lordship. They are adorned with a kind of twisted pilastre and other members, the ornaments of which are very delicate [two drawings of them are given by the Bishop]. Here was a monastery of Carmelites founded by the laird of FuUarton. The church, which now serves the parish, seems to be very old, with small windows, turned with two arches. I could get no informa- tion whether this was the church of the monastery." ^ The steeple or tower of the church having become unsafe it was taken down in 1721, and the bell removed and hung in the Tolbuith steeple, where it continued to be rung for church services. It bore the inscription, " Blessed is they that hear the joyful sound," but no date or maker's name. During the rejoicing at the passing of the Eeform Bill the bell was cracked, and having been recast was used for secular purposes till it met with a similar misfortune at the Queen's Jubilee, and was thereafter sold for old metal. The church itself was entirely taken down to make room for the present edifice, erected in 1774. James Gibb, the beadle of the church, who died in 1851, aged 77, had it from his father, the previous beadle, that the old church was built in the form of a cross, and had narrow lancet windows. An interesting relic of the interior decorations was found in taking down an old dwelling-house, 75 High Street, where it had been stowed away in a closet on the second floor. It consists of an oaken panelling, measuring (exclusive of the modern frame added for its protection) 3 ft. 8^ inches in length by 1 ft. 8 inches in height, and would seem to have formed part of a church pew, or front of a gallery. Along its upper rail an inscription in Greek extends in two lines, and being 1 MSS. in British Museum. 2 Article in Glasgow Herald, 3d November 1884. Digitized by IVIicrosoft® INTRODUCTION. XXXVll translated, is as follows : — " Blessed are they who hear the word of God and keep it." The panelling is divided into three compartments; the central bearing on an escutcheon the arms of Blair, flanked by the initials I. B., the other divisions bearing respectively the date "January 2," and " Anno domino 1649." It is supposed to be commemorative of James Blair, provost of Irvine, whose name disappears from the records of the burgh about that date.^ It is now carefully preserved by Mr. Paterson of Knowe- head, who has kindly furnished the photograph from which is taken the illustration appended as a tail-piece to " Church Grants." The Convent of the Carmelite Friars, said to have been founded by FuUarton of FuUarton in the fourteenth century, was situated on the southern side of the river, near to the end of the bridge ; ^ but even the foundations of the conventual establishment have long, since disappeared. As it was thus in the parish of Dundonald and district of Kyle, it was not included in the ancient liberties of the burgh. The confraternity had, however, acquired by endowment properties both in the town and parish of Irvine, These, along with the church property in the burgh, at the Reformation were confiscated, and granted in 1572 by James VI. for the Foundation of the King's School of Irvine {vide "Church Grants," Nos. 14 and 18). The King's School is pointed out on the right-hand side of the street leading to the church. It was rebuilt and enlarged in 1750, and now consists of an oblong building of one story, divided into two equal compartments by an entrance vestibule, over which is erected a bell turret. But teachers and scholars have long since deserted the King's School for the modern Academy opened in 1816. The Bridge of Irvine is of ancient date, though nothing regarding its origin has been found in the archives of the burgh. It is mentioned by the Earl of Bothwell, Great Admiral of Scotland, in the document appointing Hugh Earl of Eglintoun his Depute- Admiral for Cuninghame, dated 18th August 1533;^ and in 1604-8 Pont describes it as "a fair stone bridge." In the "Miscellaneous Muniments" of the burgh, No. 51, we hear of it as being repaired and partly rebuilt in 1667, at a cost of £1000 ; and on 15th January 1748 a contract is entered into for building the bridge anew. The result was the bridge, widened in 1827, and further improved according to modern ideas and requirements in 1888. 1 "Miscellaneous Muniments," Vol. II. ^ Font's Guninghame, by Dobie, p. 215. 3 Memorials of Montgomeries, vol. ii. p. 120. Digitized by IVIicrosoft® xxxviii INTRODUCTION. The Harbour, the principal source of the burgh's prosperity, has under- gone various vicissitudes and changes. In ancient times the shipping came close up to the Seagate Castle. From the accumulation of sandbanks, brought up by high winds and heavy seas, the old arrangements underwent many and complete changes, aifecting not only the position of the port and estuary of the rivers Irvine and Garnock, but, judging from old maps, even the whole line of coast between Irvine and Saltcoats. Notwithstand- ing that the Burgh had acquired part of the lands of Marres farther down the river, "for lowsing and laidnyng their schippis boittis and merchan- dice," so unsatisfactory did the burgesses consider their harbour accom- modation that, in 1596, on their supplication, a royal commission was appointed to inquire into the fitness of a particular creek in the island of Little Cumbrae to be a new harbour for the burgh. Although, after inspection, the commissioners gave in a favourable report of the creek and an estimate of the amount which would be required to complete the same, viz. £4773 : 6 : 8, and the Privy Council had even granted to the provost, bailies, council, and community of Irvine a right to exact duties on goods passing up and down the Clyde for the space of five years in order to recoup themselves for their expenditure, the " com- modious " creek in the Little Cumbrae seems to have been given up, and the next we hear of the harbour is about one hundred years afterwards, when, in 1695, the burgh had a grant from King and Parliament of an impost to repair their bridge and the harbour nearer home. Digitized by IVIicrosoft® THE SEAGATE CASTLE. The Seagate Castle takes its name from the ancient Via Marina, or Sea-Gait, on the north side of which it is situated. Although now no longer of its former importance, the Seagate ranks as one of the oldest thorough- fares in Irvine, and down to the sixteenth or seventeenth century formed the principal means of communication between the town and its harbour, which lay at the foot of this street, the state of the river being such as to admit of vessels coming up to within a short distance of the bridge. The gradual accumulation of blowing sandbanks, bars, and dunes, completely altered these ancient and more primitive arrangements, and in 1570 a new harbour was commenced farther down the river. Timothy Pont however mentions that the old harbour was still in existence, but in a decayed and useless state, in 1606. Although in so far conforming to the exigencies of street architecture as to present to the Seagate an unbroken line of frontage, the Castle is an extremely picturesque mass of building, and yet towers above its humbler neighbours, ruined and dismantled though it be, with no small measure of rugged strength and feudal dignity. In point of date it is a composite building. By much the greater part of it was erected in the latter part of the sixteenth century, by Hugh third Earl of Eglinton, as the initials and armorial bearings of the Earl and his second Countess Lady Agnes Drummond, carved on bosses in the vaulted entrance, clearly testify. Incorporated with this later building are the remains of a much older structure, and especially of a tower at the north-west angle, to be afterwards more particularly described. In accordance with a custom extensively prevalent amongst the Scottish nobles, it was occupied after its enlargement as a town residence by the Earls or members of the Eglinton family. This imposing pile latterly fell into a state of dilapidation and decay, it being Digitized by IVIicrosoft® xl THE SEAGATE CASTLE. only a reminiscence, handed down by some of the old residenters, that part ■of the roof remained until the close of last century. After it ceased to be inhabited the Castle acquired a very evil repute as the haunt of smugglers and thieves. It was shunned after nightfall, and if any property went ^.missing it was the first place to be searched ; and there are parties still living who remember seeing the smugglers' " wee still " sitting in the kitchen fireplace. In a less clandestine way the town's people made free with the ■old building, without stint using it as a quarry, until reduced to the state in which we now see it — a mere wreck of former greatness, with its eastern wing swept entirely away to the vaulting, the beautiful cornice of the main building, the large heraldic panellings, the lintels and jambs of :fireplaces, doors, and windows, with all the serviceable stone conveniently to be got at, ruthlessly despoiled. As a check to this state of matters, Earl Hugh (the 12th Earl) made extensive repairs on the building about 1810, blocking up the windows, doors, etc. This would no doubt check the nefarious practices first mentioned, but being easily accessible from the rear the spoliation of the building still went on. In 1839 there was a great storm of wind, in consequence of which a ■considerable downfall of stones into the courtyard took place. When I first went to examine the Castle in 1883, entry had to be got by forcing the massive gate, which had not been opened for many years. Although well secured in front, the dilapidated walls admitted of easy ■entry at the back, and the vaults, kitchen, and other apartments, were found gorged with stones, soil, and rubbish of all kinds, the refuse chiefly of the adj oining gardens. By orders from the Earl of Eglinton this was all removed, ■and it took about a month's driving to clear away the debris. It may be mentioned that on each recurring Marymas Fair day the carters, returning from their parade on the racecourse, when passing up the Seagate, range themselves before the old Castle, and play " Auld Lang Syne." Digitized by IVIicrosoft® Digitized by IVIicrosoft® y/ Oa^Inujay Mens ^t dtl Digitized by IVIicrosoft® VR 1 'jA-.:ov/A-\ AKi PLATE 1 rrfr.t'^ir....' .'^.r~EJ„-I.-4_ Digitized by IVIicrosoft® Digitized by IVIicrosoft® DESCEIPTION OF THE PLATES. PLATE L— GEOUND-PLAN. The general arrangement is very simple. A long range of building about 28 feet in breadth, and having the iirst story vaulted throughout, follows without a break the line of the street. At the west end a much narrower range of building runs northward at an acute angle, and in the gusset formed by the two ranges rises the ancient tower. About 56 feet in length of the front range has been carried up to the full height of three stories, the rest has not exceeded two stories. Nearly in the centre of the street range is the entrance gateway aud vaulted passage, leading through another strong gate, opening directly into the courtyard to the rear. Imme- diately to the left, on entering the outer gate, is the door entering into a narrow apartment, in all probability forming the guard chamber. It is lit from the front by a small window 2 feet high by 7| inches wide, and beneath it a widely splayed shothole. The door has been hung on the north side, but the crooks are gone, and for its better security when closed there are a couple of bolt holes, and a vertical groove 1 foot 6 inches long and 2 inches square. On the south side there are two 3-inch deep bolt holes near the top, another of the same depth well down, and above it another a foot deep by If inch square. Opposite to this door, in the entrance passage, is the door to the vault in the east wing. The original lintel had been torn away, and with it apparently had come down the third vaulting rib on the east side, the present lintel and rib having been renewed by Earl Hugh when the Castle was repaired in 1810. On the ground floor this east wing is divided into two large vaults, with small windows to the front, and archways, now sadly despoiled, opening to the courtyard. At the north-east angle, the lower part of a large projecting turnpike stair still re- mains, giving access from the vault to the floor above. A stO larger turnpike stair, about 10 feet in diameter internally, and 15 feet over aU, projecting into the courtyard, immediately to the right of the main entrance, formed the principal access to the first floor, entry being obtained by a good- sized doorway decorated with bolection mouldings of the usual type. The western part of the front range is entirely occupied by the kitchen and its VOL. I / Digitized by IVIicrosoft® xlii THE SEAGATE CASTLE. connected conveniences. On the side next the west gable is the large fireplace, about 11 feet in width between the jambs, nearly 4 feet 6 inches from floor to spring and 1 foot 11 inches rise of arch ; from top of arch to vault is 5 feet 6 inches, giving a total height of 12 feet, which forms the general height of the vaulting throughout. From this fireplace an enormous vent goes right up through the various floors, diminishing as it ascends, with a small window high up on the west gable. Within this vent on the north side of the fireplace, and 7 feet 6 inches above the spring of the arch, an oaken beam had been laid across for some purpose or other. When I saw it only a few inches protruded from the wall, and on having it taken out it proved to be about 5 or 6 inches square, the inserted extremity completely decayed, and the project- ing end had evidently been sawn across. This fireplace not occupying the full width of the kitchen, a blank space necessarily occurs at its south side. If the reader will look at the south elevation, Plate III., it wiU be found that there is a small window near the west end of the building. There being no traceable access to the space presumably lighted by it, a sense of keen interest was awakened in those minutely acquainted with the various outs and ins of the castle. To solve the mystery an opening large enough to creep through was broken out in the corner of the fireplace. The space was found half-filled with small-sized stones flung in by boys through the window which had not been blocked up like the others. The labour was not in vain however, all the lower part of the walls on the south and west being clearly distinguishable, from the differing masonry, as being part of the older structure, on which the sixteenth century work had been superimposed. Whether in inserting the window the builders had forgotten the fireplace we do not know. One thing is clear — it being inconvenient to have the fireplace the full width of the vault, the superfluous space was built up, and with its neatly-formed window left as an enigma to a future generation. The kitchen window, which has been sadly despoiled, must evidently have been divided by a central mullion into two lights, and is protected by a shothole against possible aggression. On the opposite side, close to the fireplace, is an aumbry, giblet-checked all round, 1 foot 10 inches wide, 2 feet high, and 1 foot 5 inches deep. Immediately to the east of the kitchen there is a trance or passage the full width of the vault, with a service opening into the kitchen, very carefully formed and moulded, 1 foot 11 inches wide by 1 foot 9 inches high. There also runs diagonally across the kitchen from the south side of the fireplace to the door, the track of a drain, which seems to have been regularly built at one time but is now very much dilapidated. Exterior to the kitchen, on the north, is a triangular-shaped cellar, which is really the under- part of the ancient tower. Of the range of buildings beyond this nothing remains, save the back wall, running northward about 60 feet. Just outside the archway lead- ing to the kitchen there was accidentally discovered a regularly built midden or duno-- pit, sunk into the ground, and into which a drain, built vertically in the wall, was led from the conveniences above. Digitized by IVIicrosoft® Digitized by IVIicrosoft® ?4 Digitized by IVIicrosoft® DESCRIPTION OF THE PLATES. xliii PLATE II.— PLAN OF FIEST FLOOR The plan here is limited to the western part of the building, as the east wing levelled to the vaults shows nothing save an expanse of green turf. Formerly accessible by a short passage from the large turnpike, owing to the partial destruction of the stair the first floor is now only to be readied by a ladder, or by clambering over the ruins at the old tower. It is divided into two large apartments opening e,% suite, of which the largest measures about 23 feet 8 inches by 22 feet. It is lit by two large and highly decorated windows, the one looking out on the Seagate and the other on the courtyard. A fireplace with stone fender appears on the west side, but it is sadly dilapidated, and with the lintel gone is now built up. On the opposite side is a small aumbry, and, in the corner near it, a door of communication with the east wing, of which all that remains on this floor is another aumbry and lower part of a fireplace in the fragment of the north wall. Owing to the encroachment of the ancient tower and vent from kitchen, the western apartment has been only about 18 feet 6 inches square, with a closet or a small apartment taken off it at the south-west corner. It has been lit by one large window opening on the Seagate, and has a fireplace, dilapidated and built up like the other, and dos-a-dos with it. An interesting and pretty complete example of the sanitary arrangements of the period will be noticed in the conveniences to the rear of these apartments, placed back to back, and communicating with the vertical drain or shaft already mentioned. The fittings are formed chiefly of thin slabs of stone. Another curious contrivance, deserving of notice, occurs in the large turnpike, close to where it joins the east wing. At this point a doorway wiU be observed, opening outwards and off the stair, but leading apparently to nothing. It cannot have been for communication with the east wing, for at this point the wall there is corbelled out for a fireplace and vent, and there are no indications in the doorway itself of any connection, either in stone or timber. There is only one purpose, it appears to me, which a large doorway in such an unwonted position can have served, viz. for the conveyance, by means of a hoist, of bulky articles from below to the first floor of the main building. An ingenious way of evading the tortuosity of a turn- pike, and it will be noticed that the access from the doorway to the passage is very direct. The timbers being entirely gone, the second floor is accessible only by ladder. The general arrangement has been however the same as the first, but the fireplaces which are in a much more perfect state than those below have been placed in the outside gables, a place for that on the west being found against the kitchen vent. Digitized by IVIicrosoft® xliv THE SEAGATE CASTLE. PLATE III.— THE SOUTH ELEVATION. This plate shows the entire frontage to the Seagate, with exception of the partially demolished east wing, of which only the vaulted portion remains. The plate thus comprises aU the three-story part of the building, measuring about 56 feet in length and 33 feet in total height, from the ground at the west end to the top of the cornice. Of this cornice only a few feet remain at either end, the rest having been ruthlessly despoiled, together with the two, no doubt, very handsome dormer windows, of which nothing now remains save unseemly gaps. Happily there still exists, as the principal feature of this front, the large entrance gateway, more minutely illustrated in Plate VI.; also the two very handsome windows with cable-mould ornament and quaint little corbels below, with the moulded panelling, once filled with armorial bearings, illustrated in Plate IV. In curious contrast with the care bestowed on the ornamental work will be noticed the very irregular character of the masonry, picturesque enough in one sense, yet presenting a jumble of all sorts and sizes of stones, as they came from the quarry. The same feature runs through all the sixteenth century work, externally and internally presenting a marked distinction from the older work where it does occur. Digitized by IVIicrosoft® Digitized by IVIicrosoft® W o'aiiowo}: Afc ■■ ■ ■■• dci Digitized by Microsoft® SOUTH E; AYR It OALLOWAY. Plale.m ^Z^e^. EVATION fV/foVi/. ;! J^,i- ,■^^-.7::* Z'i/ Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® DESCRIPTION OF THE. PLATES. xlv PLATES IV. AND V.— FIEST-FLOOE WINDOWS AND PANELLING OVER ENTRANCE GATEWAY, WITH DETAILS. Of the large and ornate windows represented, only three remain, viz. two looking out on the Seagate, and one on the Courtyard in the rear. Those in the east wing, with the dormers, may have been similarly decorated, but unfortunately no trace remains. The front windows are 5 feet 4 inches high, by about 3 feet 6 inches wide ; that in the rear being 3 feet 1| inch. The principal decoration has been a large cable-moulding, terminating in grotesque little corbels, of which the two represented are the most perfect ; within this decoration, two large roll mouldings, with a small neatly carved variety of the tooth-ornament, completes the rybat. Round the upper part of these windows a groove or raglin is run for a fixed frame, and at the height of about 2 feet 3 inches above the sUl there is a check for the transom bar, about 3 J or 4 inches deep. The space below this bar would doubtless be fitted in with opening lights for air, this framework being protected on the exterior by eight upright stanchions. A curious mason mark, represented on Plate V, appears in the scoinson arch of east window and the door to stair on second floor. It consists of six neatly formed pits, symmetrically arranged round a central one, and connected with it by thin lines. It may pretty safely be assumed that the large panelling over the Entrance Gate- way was formerly filled in with armorial bearings, but in the entire absence of the originals, how these were disposed can only now be guessed at. The large panel, measuring about 5 feet by 4 feet 6 inches, would in all probability contain the combined Eglinton and Montgomerie arms, with supporters, etc., and notwithstanding the dissolution of the Earl's marriage with Lady Jean Hamilton in 1562, owing to consanguinity, it is quite possible that the lower panels, measuring 3 feet high by. 2 feet in breadth, contained the family bearings of the two Countesses. Digitized by IVIicrosoft® xlvi THE SEAGATE CASTLE. PLATE VL— THE ENTEANCE GATEWAY. This very handsome doorway in its style partakes of an ecclesiastical rather than a baronial character. This is due partly to its mouldings, but still more to the elabo- rate use made of the guatre-feuille or dog-tooth ornament. Extraordinary ideas have been entertained regarding this gateway by earlier writers. Eobertson tells us that " In this old castle there remains still, quite entire, one of the most perfect specimens of the Saxon or Norman round arch that is perhaps now to be met with in Britain. It is erected over the principal gateway into the house." ^ The error arises from the mistaken notion that the "round arch," whether dubbed " Saxon " or " Norman," was limited to early times, until it came to be superseded by the pointed or Gothic arch. This is true with regard to the mediaeval styles as practised in England, the circular or one-centred arch being finally discarded in the twelfth century. In Scotland the case was very different. Down to the time of the Wars of Independence architectural practice in Scotland adhered very closely to that of England. The complete interruption of friendly relationships, and the fierce animosities engendered during that eventful period, produced a marked change on the entire after-history of Scottish architecture. One of its most characteristic features was the retention or frequent employment of the round arch, even in ecclesiastical buildings, so long as the Gothic style remained in use. To find it employed then, in the latter half of the sixteenth century, in a building like the Seagate Castle, excites no surprise. Very far, however, from being a " round," i.e. a semicircular arch, such as was used in Norman times, the arch now under consideration is a comparatively flat, segmental arch slightly stilted at the spring. It is just such an arch as in England, under similar circumstances, would have been a depressed, four-centred, or Tudor arch. Being in Scotland, with a wide opening and restricted rise, it forms a curious compromise between the round and the depressed arch. In its style this doorway is a very creditable example of sixteenth century Gothic as practised in Scotland. It shows the decadence of the style of course, and the mouldings are heavy and devoid of grace and delicacy, but the elaborate use of the quatre-feuille recalls the better phases of an expiring art. On either side are two columns, with filleted shafts, a large tooth-ornament being introduced between them. The arch mouldings are in three orders, each composed of a large plain roU, with small- sized tooth-ornaments intervening, and the entire arch is enclosed with a large hood- moulding. ' Topo. Descripn. of Cunninghame, etc., Irvine, 1820, jt. 422. Digitized by IVIicrosoft® ^ s Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® PLATE Vn W Gallou/ay. Msn^ et cV/. 6-Walf.sli:.<-J-!r ARMORIAL BEARINGS ON KEYSTONES OF VAULTING OVER ENTRANCE-WAY OF DigitizQj^ebyuMlc^asoft® AiTcr- !, GaLLOv/ay, Arc-h*- Aasoc" DESCEIPTION OF THE PLATES. xlvii PLATE VII.— DETAILS OF VAULTING OVER ENTEANCE-WAY. The entrance-way shows a very good example of rib-vaulting. At two of the principal intersections there are bosses decorated with the rope-moulding, and carrying shields, one bearing the coats of Eglinton and Montgomery quarterly, with the initials H. M., for Hugh Montgomery, who while yet a minor succeeded his father in 1546, and died June 1585. The second shield bears the three bars wavy and crest of the Drummonds, with the initials A. D., for Agnes Drummond, daughter of Sir John Drummond of Inverpeffry, and second Countess of Earl Hugh. Four different mason- marks appear on the vaulting, and, with exception of that occurring on the Countess's shield, such marks appear to have been incised only on the central fillet of the trans- verse ribs. Of the four varieties the most numerously repeated is that represented in Fig. c, occurring as it does, inclusive of the Drummond shield, fifteen times. It may also be mentioned that each alternate pair of ribs — viz. the second, fourth, and sixth — have in the lower part of the springers deep batt holes cut. The lead seems to have been dug out ; and they have this peculiarity, that, instead of being directly opposite to each other, they invariably occur on the reverse side of the opposed springers. Digitized by IVIicrosoft® xlviii THE SEAGATE CASTLE. PLATE VIIL— VIEW FEOM THE COUETYAED, OE NOETH-EAST. When it existed in any degree of perfection the view of the Seagate Castle from the rear must have been much more picturesque than the street frontage. The massive turnpikes rising to the full height of the main buildings, finished with saddle-back roofs and crow-stepped gables, the greater variety of detail, the combination of old and new works, with it may be parterres and gardens, must have lent a charm to the back the front of the Castle could not possess. From the description given in the previous Plates the reader will be able to single out the various features of interest. In the foreground there is unfortunately the wrecked and despoiled remnant of the east wing, with only the base of the staircase remaining, and unseemly gaps where the vault doors were. In the large circular staircase will be noticed the door opening outwards from the stair, previously mentioned, and it is from the upper part of this staircase that the falls of stone also referred to have chiefly taken place. Beyond this appears the large ornate window on first floor, from the archway beneath which enters the door to vaults in old tower and the kitchen. Terminating the buUding on the right is this tower itself, with the cor- belling on the north side comparatively fresh, and on the face of wall beneath, the raglin for roof of the sixteenth century north wing, which had apparently been only in two stories. The arrangements of the old wing must have been very different, but the materials are too scanty to arrive at any definite conclusions as to what these were. Digitized by IVIicrosoft® illHiMd^ Digitized by IVIicrosoft® Digitized by IVIicrosoft® Digitized by IVIicrosoft® Plate IX W Ganoa/ay. Mens at deL .■G WSitts!a'ii-Senv;Stii»J>trA ' INTERIOR VIEW OF THE ANCIENT TOWER Digitized by Microsoft® Ayk4 Oallo-way ARcu!'Aa3oc''iea8 DESCRIPTION OF THE PLATES. xlix PLATES IX. AND X.— INTERIOR VIEW OF THE ANCIENT TOWER ; AND DETAILS. As already mentioned, the ancient tower just occupies the triangular gusset formed by the two ranges of building running at: an acute angle to each other. This being an arrangejnent evidently dictated by necessity rather than by choice, and going back to the earliest date at which the building was erected, it is clear that even then some conterminous restrictions must have existed, rendering it necessary to adopt this very inconvenient plan. The fact of there being no windows or other openings in the lower stories of the building points to the same conclusion. As will be seen in the various plans given from cellar to battlements, the space thus enclosed within the gusset is very small, and although there can be no doubt the original Castle would be well defended, this tower can have contributed but little to its defence. It is situated at the rear of the main range, and has no shotholes or other means of assailing a foe. There is a bartizan round the top, but the projection is slight, and there are no machicolations. It has evidently been raised at this convenient spot as a watch-tower or look-out, and, commanding as it would all the approaches to the harbour and ofiBng, for such a purpose it would be eminently fitted. This might favour the idea that in its first erection the Castle was intended to enforce the royal authority, to watch over the shipping, and collect the customs. Be that as it may, the building of which this tower is only a small remaining fragment, must have preceded by two or three centuries the work of Earl Hugh. There, the hewn work is comparatively fresh ; in the battlements and corbelUng of the tower it is wasted, often to complete obliteration. The whole character of this tower bespeaks a very different age. It is simple and severe in style, with the walls bruit for the most part not of quarried, but land stones, chiefly composed of the igneous rocks, in the form of small boulders, greenstone, porphyry, granite, etc. The heights of the different floors have been much lower than those of the later structure, and the levels must have been rather awkward to harmonise. The ground floor only has been vaulted, and is entered from beneath an open archway, giving access also to the kitchen. On the hewn work of the first floor occur the only two mason marks, shown on Plate X, traceable in the tower. They are both incised in a much bolder style than those represented in Plates V. and VII., and the most characteristic of the two shows the reverted arms of the fylefote or suastika in a very marked manner. It wiU be noticed, especially from the view, that at its existing termination the north wall shows traces of a circular staircase, and the lintels and slQs of various doorways, communicating between the tower and the north wing. As might be expected the battlements are in a very dismantled state. The parapet is entirely gone, save at the south-west angle, where it is still 2 feet 3 inches VOL. I ' g Digitized by Microsoft® 1 THE SEAGATE CASTLE— DESCEIPTION OF THE PLATES. above the string over corbels, and 1 foot 9 inches thick. Its projection beyond the face of the wall below is only 7 inches, and it has been carried on a double tier of corbels ranged alternately, with a moulded string above and below, 2 feet 7 inches in total height. On the south side this corbelling runs on for about 8 feet, with what farther extension cannot now be known. On the north side it terminates on the raggled masonry of the old north wing. Between the parapet and the roof ran the usual narrow footway, of which a good many of the over- and under-lap paving stones stUl remain, also three of the water-scapes on the west side. At the back of the south parapet, and hewn out of one stone over 5 feet in length, the discharge gutter, covering the full breadth of the wall, still remains in perfect preservation. From the level of the kitchen door to the top of the parapet of the tower is just 37 feet. WILLIAM GALLOWAY. Digitized by IVIicrosoft® Plate X O/rwu^ Mason open^.arst floor ^^ Mczsl sid^ of door orv rwst Floor ^ ^^^^ Veatlourajr, Uens « del ^ »5»,«.,«.„, Jit, Jrf DETAILS OF ANCIENT TOWER. Digitized by IVIicrosoft® '^ Ayr &. Galloway, Arch*- Assoc? )888 Digitized by IVIicrosoft® MUNIMENTS OF THE BUEGH OF IKVINE Digitized by IVIicrosoft® Digitized by IVIicrosoft® MUNIMENTS OF THE BUEGH OF lEVINE. I.— BURGH CHARTERS AND WRITS. 1. Agreement between the Burgesses of Irvine, and Brice of Eglinton, granting to the latter twenty acres of land in feu ferme. — 2(dth September 1205. [Copy.] Anno gratie millesimo duscentesimo quinto die Lune in vigilia Sancti Mathei apostoli ia villa de Irving hec est communicatio facta inter burgenses et totam communitatem ville predicte ex parte una et Bricium de Eglun- stone filium quondam Eglun domini de Eglunstone ex parte altera videlicet Quod burgenses et tota comunitas ville predicte unanimi consensu et assensu eotundem unanimiter concesserunt dederunt et ad feodifirmam dimiserunt dicto Bricio de Eglunstone illas viginti acras terre integras in tenemento de Eglunstone quas Eadulpbus filius et teres quondam Hugonis domini de Eglunstone burgensibus et communitati predictis pro quadam finali concordia inter eosdem quondam facta dedit concessit et perpetuo mancipavit per has metas et differentias Incipiendo scilicet apud Le Burgbfauld ad superiorem finem predictarum viginti acrarum versus boream et sic descendendo versus orientem per quendam dicum usque Grlyblanysburn et sic descendendo versus austrum per Glyblanysburn prsedictum usque perveniatur ad fines del Moorsend metantes cum terra Eodalpbi domini de Eglunstone et sic ascendendo versus occidentem per Moorasydes usque perveniatur ad Kebuccam communem del Hyppriddynges et sic ascendendo versus Boream per fines del Hyppriddynges predictorum usque perveniatur ad quendam dicum spineum qui dicitur Hawthorne qui dicus est meta inter dictas viginti acras VOL. I B Digitized by Microsoft® 2 MUNIMENTS OF THE BURGH OF IRVINE. et terrain de Benislay et sic ex transverse versus orientem per Eebuccam communem jacentem inter predictas viginti acras et terram de Benislay usque perveniatur ad quendam cumulum lapideum et sic ascendendo ex transverse de dicto cumulo lapideo per dictam Eebuccam comunem versus orientem usque perveniatur in dicum predictum qui dicitur le burghfauld dyke Tenendas et babendas predicto Bricio beredibus suis et suis assignatis burgensibus et comunitate predictis ad feodofirmam per metas supradictas cum omnibus justis pertinentiis suis et asiamentis et liberis consuetudinibus ad predictas viginti acras terre infra metas suas predictas de jure spectantibus et in futuro de jure spectare valentibus Eeddendo inde annuatim dictus Bricius heredes sui vel sui assignati in ecclesia parocbiali de Irving ad festum Sancti Jacobi apostoli in estate burgensibus et comunitati predictis decem solidos sterlingorum nomine feodifirme libere et quiete bene et pacifice plenarie et bonorifice ab omni alio onere exactione servili opere et demanda seculari dictus vero Bricius se in hoc presenti scripto obligat et heredes suos et suos assignatos et tam terram suam de Benislay cum pertinentiis quas dictas viginti acras terre predicte cum suis pertinentiis ac omnia alia bona sua mobilia et immobilia ubicunque sunt inventa sine aliqua contradictione legittime fore distrinzenda quibus- cunque burgensibus et comunitati predictis de dicta feodofirma sua in omnibus plenarie et integre fuerint satisfactioni nullo obstante proponendo Sciendum est preterea quod dictus Bricius nee heredes sui nee sui assignati post eorum predicessorum obitum dictam feodofirmam nullo modo duplica- bunt et si contingat dictum Bricium heredes suos vel suos assignatos sen eorum homines dictas viginti acras terre inhabitantes in curia dictorum burgensium et comunitatis predicte quocunque casu adveniente emejre conarere eorum merciamentum prout justum fuerit capiatur dicti vero burgenses et comunitas predicta dictas viginti acras terre predicte cum omnibus justis pertinentiis suis infra metas suas predictas ut predictum est contentis predicto Bricio heredibus suis et suis assignatis contra omnes homines et feminas warrantizabunt acquietabunt et defendent in perpetuum Et ad majorem hujus rei in omnibus premissis securitatem dictus Bricius pro parte sua burgensibus et comunitati predictis Eodalphum dominum de Eglunstone fratrem suum invenit fidejussorem et debitorem pro se et heredibus suis principalem In quorum omnium et singulorum premissorum testimonium uni parti presentis scripti chirographici penes dictum Bricium heredes suos et assignatos suos remanent! comune sigillum burgensium et Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 3 comunitatis predictorum est appensum et alteri parti predict! scripti penes dictos burgenses et communitatem predictam remanenti sigiUa predicti Brycii et Eodalphi sunt appensa Hisce testibus domino Godolpho^ de Eosse domino Eoberto Boyd domino Bricio de Blair militibus Fergusio de Eosse Arthuro de Eosse fratribus Gulielmo Kerr Alexandro del Blair et multis aliis. Translation. In the year of Grace one thousand two hundred and five, on Monday in the vigil of saint Matthew the apostle, in the town of Irvine, this is the communing made between the burgesses and whole community of the foresaid town on the one part, and Brice of Eglunstone son of the late Eglun lord of Eglunstone on the other part, to wit : That the burgesses and whole community of the foresaid town, with the unanimous consent and assent of the same, have unanimously granted given and to feuferme let, to the said Brice of Eglunstone, those whole twenty acres of land in the tenement of Eglunstone, which Ealph son and heir of the late Hugh lord of Eglunstone gave granted and for ever disponed to the burgesses and community foresaid, for a certain final concord previously made between them, by these meiths and divisions, — Beginning, to wit, at the Burghfauld at the upper end of the foresaid twenty acres towards the north, and so descending towards the east by a certain dike as far as Glyblanysburn, and so descending towards the south by Glyblanysburn foresaid, to the marches of Moorsend, bounding with the land of Ealph lord of Eglunstone, and so ascending towards the west by Moorasydes to the common Eebucca of Hyppriddynges, and so ascending towards the north by the marches of Hyppriddynges foresaid to a certain thorn-dike which is called Hawthorne, which dike is the march between the said twenty acres and the land of Benislay ; and so across towards the east by the common Eebucca lying between the foresaid twenty acres and the land of Benislay, to a certain cairn of stones, and so ascending across from the said cairn of stones by the said common Eebucca towards the east to the foresaid dike, which is called the Burghfauld dike : To be holden and had to the foresaid Brice his heirs and his assignees, [of] the burgesses and community foresaid, in feuferme, by the marches abovesaid, with all their right pertinents, 1 Note in original copy — Godolplio should be Godfredo. Digitized by IVIicrosoft® 4 MUNIMENTS OF THE BUEGH OF lEVINE. easements, and free customs, of right belonging, and in time to come of right to belong, to the foresaid twenty acres of land, within their meiths aforesaid : Paying therefor yearly, the said Brice his heirs or his assignees, in the parish church of Irvine, at the feast of St. James the apostle in summer, to the burgesses and community foresaid, ten shillings of sterlings in name of feuferme, freely and quietly, well and in peace, fully, honourably, from all other burden exaction servile work and secular demand : And the said Brice in this present writ obliges him and his heirs and assignees, and as well his land of Benislay with the pertinents as the said twenty acres of land foresaid, with their pertinents, and all their other goods movable and immovable wheresoever found, to be without any contradiction, lawfully distrained, and shall be to whomsoever of the burgesses and community aforesaid, freely and wholly in satisfaction of their said feuferme, in all respects, no one offering any objection. It is, moreover, to be understood, that neither the said Brice nor his heirs nor his assignees, after the death of their predecessors, shall in any wise double the said feuferme. And if it shall happen the said Brice his heirs or his assignees, or their men inhabiting the said twenty acres of land, in the court of the said burgesses and community to do wrong in any case arising, their fine shall be taken as may be just. But the said burgesses and community aforesaid shall warrant acquit and for ever defend against all men and women the said twenty acres of land with all their right pertinents, with their foresaid marches contained as is before said, to the foresaid Brice his heirs and assignees : And for the greater security hereof in all the premises, the said Brice, for his own part, has found to the burgesses and community aforesaid, Ralph lord of Eglunstone, his brother, principal surety and debtor for himself and his heirs : In witness of which all and sundry the premises, to the one part of this present chirograph writing, to remain with the said Brice his heirs and assignees, the common seal of the burgesses and community foresaid is appended, and to the other part of the foresaid writing, to remain with the said burgesses and community the seals of the foresaid Brice and Ralph are appended: Witnesses, Sir Godfred of Rosse, Sir Robert Boyd, Sir Brice of Blair, knights ; Fergus of Rosse, Arthur of Rosse, brothers, William Kerr, Alexander of Blair, and many others. Digitized by IVIicrosoft® BUEGH CHARTEES AND WEITS. 2. Indenture between Godfrey de Ross and the Burgesses of Irvine in 1260. [Notarial Copy, made in 144 4. J Ik Dei nomine amen : per hoc presens publicum instrumentum cunctis pateat evidenter quod anno ab incarnacione Domini millesimo quadrin- gentesimo quadragesimo quarto indiccione septima duodecima die mensis maije pontificatus sanctissimi in Christo patris ac domini nostri domini Eugenij pape quarti anno decimo quarto In mei notarii publici et testium subscriptorum presencia personaliter constitutus probus vir Johannes Spens ballivus burgi de Erwin quasdam evidencias sive indenturas factas inter burgenses predicti burgi de Erwin et dominum Godfridum de Eosse sigUlo predicti domini Godfridi de Eos sigillatas publice monstravit et mihi tradidit perlegendas quarum tenor sequitur in hsec verba Anno gracie miUesimo ducentesimo sexagesimo die Sabbati proxima prius festum Sancti Johannis Baptiste coram domino Johanne de Balle domino Willelmo comite de Marre domino Hugone de Balle filio dicti domini Johannis domino Hugone fratre ejusdem domini Joannis domino Gocelino de Balle domino Thoma Eane domino Stephano le Flemyng domino Odinello filio Eadolphi et aliis factum fuit recordum apud Erwin inter burgenses de eadem et dominum Godefridum de Eosse assensu et bona voluntate utriusque partis videlicet per dominum Hugonem de Craweford dominum Fergus de Ardrossan, dominum Willelmum de Dunlop magistrum Godefridum de Eos David Mor Thomam de Stubhyl Adam Urri Eicardum Broun et Willelmum de Gowinskey qui dicunt quod omnibus contencion- ibus et querelis cessantibus exaccionibus et demandis quadam finali Concordia inter predictos burgenses ex parte una et dictum dominum Godefridum ex parte altera pacificatis super tenemento de Hormissok cum pertinenciis in quo dicti burgenses clamaverunt eorum Communem pasturam ad illos tanquam jus suum pertinere Convenit inter ipsos videlicet quod predicti burgenses concesserunt pro se et heredibus suis seu successoribus dicto domino Godefrido et ejus heredibus habere et tenere bene et in pace totam terram aratam et frussatam in predicto tenemento, die predicte Convencionis facte ; solvendo sibi et eorum heredibus seu successoribus in perpetuum duas mercas et dimidium Digitized by IVIicrosoft® 6 MUNIMENTS OF THE BUEGH OF IRVINE. videlicet meditatem ad festum sancti Martini in hyeme et aliam medi- etatem ad pentecosten proximo futurum Salvo tamen dicto domino Godefrido et ejus heredibus bosco de Langburst ita quod dicti burgenses in Ulo non communicabunt in herba vel in aliis, set dicti burgenses et eorum beredes vel successores ubique communicabunt in dicto tene- mento de Hormissok cum pertineneiis et asiamentis preterquam in dicto bosco de Langeburst et preterquam in dictis terris aratis sen arabilibus Postquam vero dictus dominus Godefridus et ejus beredes vesturam dicte terre arate asportaverint dicti burgenses de Irewin et eorum beredes sen successores in eadem terra arabili sive arata plene cum ipso et ejus tenentibus absque uUo impedimento vel contradiccione communicabunt et ad noctem dictam terram aratam sen arabilem cum eorum animalibus evacuabunt Et dictus dominus Godefridus et ejus beredes facient dictis burgensibus et eorum beredibus seu successoribus racionabilem introitum et exitum ingrediendi dictam pasturam cum eorum animalibus Si vero eorum animalia in dampnis dicti domini Godefridi vel ejus beredum inveniantur solvent pro omnibus messori loci unum obolum tantum racione dicti escbapii et dampni dicto domino Godefrido et ejus heredibus per visum proborum et legalium virorum restituetur Et sciendum quod predictus Godefridus vel ejus beredes non assartabunt frussabunt seu vacuabunt aliquo modo plusquam tempore predicte convencionis fuit assar- tatum frussatum seu vacuatum Nee licebit alicui eorum in dicte pasture boscis aliqua ligna scindere ad vendendum vel sibi ipsi appropriandum sine consensu et voluntate utriusque partis Ad istam vero convencionem et finalem concordiam ex utraque parte tenendam tam dictus dominus Godefridus quam predicti burgenses de Irewin in manu domini Abbatis de Kylwynin fidem suam spontanea eorum voluntate astrinxerunt. Preterea sciendum quod predictus Godefridus et dicti burgenses et eorum beredes vel successores babebunt sua estoveria in boscis dicte pasture ad comburendum et edificandum sine impedemento vel contradiccione utrius- que partis Et ut bee predicte conven clones et finales concordie perpetue firmitatis robur optineant uterque eorum sigillum suum alteri parti in testimonium futurorum apposuit : Super quibus quidem indenturis sic monstratis traditis et perlectis predictus Johannes Spens sub signo publico a me notario peciit copiari et in formam publicam redigi et inde sibi fieri publicum Instrumentum : Acta fuerunt bee in vico publico predicti burgi de Erwin prope crucem bora quasi nona ante meridiem anno Digitized by IVIicrosoft® BURGH CHARTEES AND WRITS. 7 indiccione mense die et pontificatu quibus supra Presentibus ibidem providis et discretis viris videlicet domino Edwardo de Cunynghame vicario de Gauston domino Alexandro Cunynghame capellano Alexandre Cunynghame armigero Johanne Eoberti et Thoma Willelmi cum multis aliis testibus ad premissa vocatis specialiter et rogatis. Et Ego Willelmus de Akinhede presbyter magister in artibus Sancti Andree dyoceseos publicus auctoritate Imperiali Notarius pre- missarum Indenturarum monstracioni, tradicioni et perleccioni unacum prenominatis testibus presens interfui ipsasque Indenturas perlegi in hunc modum copiavi et in banc formam publicam redegi nil addens vel minuens quod sensum mutare poterit aut variare intellectum indeque presens publicum Instrumentum confeci manu- que mea propria scripsi et signo meo solito et subscripcione vallavi, requisitus specialiter et rogatus in fidem et testimonium premissorum. W. de A. Translation. In the name of God amen Let it evidently appear to all by this present public instrument that in the year from the incarnation of our Lord one thousand four hundred and forty-four, in the seventh indiction, on the twelfth day of May and in the fourteenth year of the pontificate of the most holy Father in Christ and our lord lord Eugenius IV. pope, in presence of me notary public and of the witnesses underwritten having personally compeared a prudent man, John Spens bailie of the burgh of Irvine, he publicly shewed certain evidents or indentures made betwixt the burgesses of the said burgh of Irvine and Sir Godfrey of Eoss, sealed with the seal of the said Sir Godfrey of Eoss, and delivered them to me to be read, of which the tenor follows in these words : In the year of grace one thousand two hundred and sixty, on the Saturday first before the feast of St. John the Baptist, in presence of Sir John of Ball, Sir William Earl of Mar, Sir Hugh of Ball, son of the said Sir John, Sir Hugh brother of the said Sir John, Sir Jocelin of Ball, Sir Thomas Eane, Sir Stephen Le Flemyng, Sir Odinell the son of Ealph, and others, a record was made at Irvine between the burgesses thereof and Sir Godfrey of Eoss, with the assent and good will of both parties, namely, by Sir Hugh of Crawfurd, Sir Fergus of Ardrossane, Sir William of Dunlop, Digitized by IVIicrosoft® 8 MUNIMENTS OF THE BUEGH OF IRVINE. Master Godfrey of Ross, David More, Thomas of Stubhill, Adam Urry, Eichard Brown, and William of Gowinskey, wlio say that all contentions and quarrells being ended, the exactions and demands having been peacefully settled by a certain final agreement between the said burgesses on the one part and the said Sir Godfrey on the other part, respecting the tenement of Hormissok, with the pertinents, in which the said burgesses claimed their common pasturage to belong to them as their right : It is agreed betwixt them, to the effect that the said burgesses have granted for themselves and their heirs or successors to the said Sir Godfrey and his heirs, to have and to hold well and in peace the whole land in the foresaid Tenement, ploughed and unploughed, at the day of making the said agreement, paying to them, and their heirs or successors for ever, two merks and a half, vizt., the half at Martinmas in winter, and the other half at Whitsunday next to come; reserving, however, to the said Sir Godfrey and his heirs, the Wood of Langhurst, so that the said burgesses shall not have commonty thereon in grass or others ; but the said bur- gesses and their heirs or successors shall everywhere have commonty in the said tenement of Hormissoks, with the pertinents and easements, except in the said Wood of Langhurst, and except in the said ploughed or arable lands : But after the said Sir Godfrey and his heirs shall have carried away the crop of the said ploughed land, the said burgesses of Irvine and their heirs or successors shall have commonty on the said ploughed or arable land equally with him and his tenants, without any impediment or contradiction ; and at night they shall evacuate the said ploughed or arable land with their cattle : And the said Sir Godfrey and his heirs shall make to the said burgesses and their heirs or successors, reasonable ish and entry to the said pasture with their cattle : But if their cattle shall be found doing damage to the said Sir Godfrey or his heirs, they shall pay for all to the Eeaper of the place one halfpenny only on account of the said fault, and the damage shall be repaid to the said Sir Godfrey and his heirs at the sight of prudent and liege men : And it is to be known, that the foresaid Godfrey or his heirs shall not in any manner clear, lay fallow or vacate more ground than at the time of the said agreement was cleared, fallow or empty : Nor shall it be allowed to any one of them to cut any timber in the woods of the said pasture for sale or appropriating it to themselves, without the will and consent of both parties : And for maintaining this Convention and final Digitized by IVIicrosoft® Digitized by IVIicrosoft® "ill up 6 «' .S i' r g 8- *^sf CM to > < X I-" N •J T. > L s^j iO^lS .JiilTtew ill t d : «^ i^lltf - §^ Digitized by IVIicrosoft® X o a; CQ Ui X h o h q; UJ OQ o a: >- CD u H Ci < X u BURGH CHARTERS AND WRITS. 9 agreement on both sides, the said Sir Godfrey, as well as the said burgesses of Irvine have voluntarily pledged their faith before the lord Abbot of Kilwinning : Further, it is to be known that the foresaid Godfrey and the said burgesses and their heirs or successors shall have their allowance from the woods of the said pasture, for burning and building, without impediment or contradiction of either party : and that these foresaid Conventions and final agreements may obtain the strength of perpetual endurance, both of them have set their seal to the other party for a testimony of the future. Which Indentures thus shewn delivered and read, the said John Spens requested to be copied under a public signature by me Notary, and to be reduced into public form, and a Public Instru- ment made thereupon to him : These things were done in the public street of the foresaid burgh of Irvine near the cross, about nine o'clock before noon of the year, indiction, month, day and Pontificate above mentioned, in presence of prudent and discreet men, namely. Sir Edward of Cunynghame vicar of Galston, Sir Alexander Cunninghame chaplain, Alexander Cunninghame esquire, John the son of Eobert, and Thomas the son of William, with many others, witnesses to the premisses specially called and required. And I William of Akinhede, presbyter, master of arts of the diocese of St. Andrews, notary public by imperial authority, was present with the forenamed witnesses at the exhibition, delivery and reading of the foresaid Indentures, and I read over the Indentures themselves, copied them after this manner, and reduced them into this public form, neither adding nor taking away anything which could change the sense or vary the meaning, and from thence I formed this present public instrument, wrote it with my own hand, and vouched it with my usual signature and subscription, being specially called and required in faith and testimony of the premisses. 3, Charter by Robert the Bruce, King of Scots, in favour of the Burgh of Irvine. — \2th May 1322. RoBERTUS Dei gracia Rex Scottorum omnibus probis hominibus tocius terre sue salutem : Sciatis nos concessisse et hac presenti carta nostra confirmasse VOL. I C Digitized by Microsoft® 10 MUNIMENTS OF THE BUEGH OF lEVINE. burgensibus de Irwyn et eorum successoribus infra dictum burgum manentibus quod liberi sint et quieti de Toloneo et omni consuetudine de dominicis catallis suis per totum regnum nostrum prout in carta venerande memorie domini Alexandri secundi quondam regis Scottorum predecessoris nostri eisdem burgensibus exinde confecta plenius continetur Adjicimus eciam et concedimus ac presenti carta nostra confirmamus pro nobis et heredibus nostris eisdem burgensibus et eorum successoribus quod a toloneo quod solvere solebant in burgo nostro de Are ante presentem concessionem nostram liberi sint omnino et imperpetuum quieti Quare firmiter prohibe- mus ne quis contra banc concessionem nostram ipsos burgenses aut eorum successores vexare gravare seu inquietare presumat super nostram plenariam forisfacturam. In cujus rei testimonium presenti carte nostra sigillum nostrum fecimus apponi : Testibus Bernardo abbate de Abirbrothoc cancellario nostro -^ Waltero Senescallo Scocie ^ Jacobo domino de Duglas ^ Gilberto de Haia* constabulario nostro et Eoberto de Keth marescallo nostro * militibus : Apud Glasgu duodecimo die Maij anno regni nostri septimo decimo. Teanslation. Eobert by the grace of God king of Scots to all good men of his whole land, Greeting : Wit ye us to have granted and by this our present charter confirmed to the burgesses of Irvine and their successors dwelling in the said burgh that they be free and acquit from payment of all Toll and Custom on their burgess goods throughout our whole kingdom, as is more fully contained in a charter made for that purpose to the said burgesses by Alexander the second of venerable memory sometime king of Scots, our predecessor ; We also have added and granted, and by this our present Charter for us and our heirs do confirm, to the said burgesses and their successors, that they be altogether acquit and perpetually free from the Toll which before our present grant they were wont to pay in our Burgh of Ayr : Wherefore we strictly order under pain of full forfeiture that no one contrary to this our Grant presume to vex oppress or disturb the said 1 Bernard died in 1327. Crawfurd's Officers 1330.— Douglas (1813), vol. i. p. 421. of State, p. 17. 4 He died in 1330.— Douglas, vol. i. p. 546. 2 Walter, High Stewa,rd of Scotland, died in ^ sir Eobert de Keith, Great Marischal of ^^^^- Scotland, fell at the battle of Duplin in 1332. s James, Lord of Douglas, was killed in Douglas, vol. ii. p. 187. Digitized by Microsoft® Digitized by IVIicrosoft® L 0t^ttU6^flht4t'/|wk»i«/mtft*6ft^^ ^Rw^/mitt^m, %c mv ^fr^'jfrV^f <^i^tw/^^^ Uhmnft^ tw« /^?«iii>^ino|J afluff^^^^ A'fevjmwmif; wjwwe £»»«<»& . c^fi^ -St fuccct^^ (yw/M^c'^9i^(^fii(«ijjml^ into i»wiHwai^^ T^|«^e» «*• fi /'**'. CHARTER BY ROBERT Digitized by IVIicrosoft® »it/mo^ I THE BURGH OF IRVINE 8™ APRIL 1372. Digitized by IVIicrosoft® Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 11 burgesses or their successors. In testimony whereof we have caused our seal to be appended to this our present charter. Witnesses, Bernard abbot of Arbroath our chancellor, Walter, Steward of Scotland, James lord of Douglas, Gilbert of Hay our constable, and Robert of Keith our marshal, knights : At Glasgow the twelfth day of May in the seventeenth year of our reign. 4. Charter hy King Robert the Second in favour of the Burgh of Irvine, following upon the Inquest for the Settlement of the dispute with Ayr, about the boundaries. — Qth April 1372. RoBEKTUS Dei gracia rex Scottorum omnibus probis hominibus tocius terre sue clericis et laicis salutem Quia per Inquisicionem de mandate nostro factam per Ballivum de Conynghame super controversia sive questione mota et pendente inter burgenses nostros de Are ex parte una et burgenses de Irwyne ex parte altera super finibus limitibus et libertatibus dictorum burgorum et burgensium de Are et de Irwyne et consequenter ad nos retornatam fuit clare compertum quod dicti burgenses de Irwyne fuerunt et sunt a triginta quadraginta quinquaginta et sexaginta annis et ultra et citra et a tempore et per tempus de cujus contrario memoria hominum non existit in possessione finium limitum et bondarum tocius Baronie de Conyn- hame et baronie de Largys dicti burgi de Irwyne libertatibus annexarum pro suis tantum mercandisis et mercimoniis in eisdem libere exeercendis prout hec et alia per cartas indite memorie predecessorum nostrorum regum Scocie ostensas in inquisicione predicta clare patuit prout est dictum Noveritis nos concessisse et hac presenti carta nostra confirmasse eidem burgo de Irwyne et burgensibus ejusdem pro nobis et heredibus nostris ut ipsi duntaxat utendo suis mercandisis et mercimoniis perpetuo pro se et suis heredibus libere gaudeant bondis limitibus et finibus supradictis firmiter inhibentes nequis eos contra prefatam nostram concessionem vexare gravare sen inquietare presumat in prejudicium dictarum suarum libertatum super nostram plenariam forisfacturam Concessimus eciam eidem burgo de Irwyne et burgensibus ejusdem qui pro tempore fuerint et eorum heredibus et successoribus pro nobis heredibus et successoribus nostris in perpetuum quod ipsi heredes et successores sui dictum burgum teneant et possideant in liberum burgum cum omnibus libertatibus et privilegiis adeo libere plenarie et honorifice sicut aliquis burgus infra regnum nostrum ex Digitized by Microsoft® 12 MUNIMENTS OF THE BUEGH OP IRVINE. infeodacione quorumcunque regum Scocie predecessorum nostrorum liberius tenetur seu honorificencius possidetur absque exaccione cujuscunque tollonei seu alterius cujuslibet servitutis jam inpositi seu in posterum imponendi volumus eciam et concedimus eidem burgo de Irwyne et burgensibus ejus- dem ac eorum heredibus et successoribus pro nobis heredibus nostris et suc- cessoribus libertatem Gilde prout alii burgi et burgenses regni nostri ipsani libertatem habent et habere consueverant ; quodque fratres Gilde in burgo de Irwyne predicto constituere valeant qui gaudebunt et gaudere habebunt omni libertate Gilde qua alij quicunque regni nostri burgenses hactenus gavisi sunt In cujus rei testimonium presenti carte nostre nostrum pre- cepimus apponi sigillum : Testibus venerabilibus patribus Willelmo et Patricio Sancti Andree et Brechinensis ecclesiarum episcopis primogenito nostro Johanne comite de Carrik et seneseallo Scocie Eoberto comite de Fif et de Meneteth filio nostro dilecto Willelmo comite de Douglas con- sanguine© nostro Johanne de Carrik canonico Glasguensi cancellario nostro Hugone de Eglynton et Eoberto de Erskyne militibus : Apud Edynburgh octavo die mensis Aprilis anno regni nostri secundo. Teanslation. Eoberfc by the grace of God king of Scots, to all good men of his whole land clergy and laity, Greeting ; "Whereas by inquest made at our command by the bailie of Cunninghame respecting the dispute or question moved and depending between our burgesses of Ayr on the one part and the burgesses of Irvine on the other part, in regard to the boundaries limits and liberties of the said burghs and burgesses of Ayr and of Irvine, and afterwards returned to us, it was clearly found that the said burgesses of Irvine were and are from thirty forty fifty and sixty years and beyond, and before and from and during times, of the contrary of which there is no memory of man, in possession of the boundaries territory and limits of the whole Barony of Cunninghame and Barony of Largs annexed to the liberties of the said burgh of Irvine, for freely exercising only their traffic and merchandise in the same, as these and other things clearly appeared by charters shewn at the said Inquest, granted by our predecessors kinas of Scotland of renowned memory, as aforesaid : Wit ye us to have granted and by this our present charter confirmed to the said burgh of Irvine and burgesses thereof, for ourselves and our heirs, that they, only for the pur- Digitized by Microsoft® Digitized by IVIicrosoft® ^(tSttt^ / «t^ - t«^% - tjji^y^) j'aiatf ^ «>^ ittHt>^ 1&J'1«A^at« ^, ^' __ 't-"-^ I ' ! "'-v 'T'^'v HI/ «>Hyxp ,,|^^^y^. <^ |W llcvw^e ^ 9VPWJ ^*j4h> Ct-^p %^^i^^ Ctr'^xfl %ft0 n^g^ ^^"^ '^ |»R*w44«w Of <«f fioLrmlMofiia CP t^ D/g/f/zecf /)y l^ig;Q^pf^p BY ROBERT III. OF THE LETTER OF PROTE ^jUe i^« cr 9ift^f crfiftcrttnn; CtW^wuSSv |j j»4oI)o0 «f pStTct ^Sffwe^ 4anp»|wjlsj*i, fUtf /V*»^^^*<> A^tIRj ^ Mbitvt^ cdlSi&H*!^ err V/»o9i0 »iCn«(:f|C -*!»<♦*♦««*. JfefVHtti* , t^ fttl'Ct J»Mm4>tviv» ^j^ifcxtMHi ««M« vtM 4ii9i(1KIVlim« ;8»«« loetK. 4, /l/ Digitized by IVIicrosoft® LETTERS OF NOTIFICATION BY ROBERT DUKE OF ALBANY, G0\ f tA^fU3i/|^/^^ Digitized by Microsoft® V.RNOR OF SCOTLAND TO THE BURGH OF .RV.NE £4T. J U LY ,4,7. Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 21 letters shall come, Greeting : Because it is a pious and worthy duty to bear witness to the truth, and chiefly in the cause or case in which the hiding of the truth would engender wrong to the innocent in their fees and heritages, therefore it is that we notify to your university by the tenor of the present letters, that on account of a certain discord moved between the bailies, burgesses, and community of the burgh of Irvine on the one part, and William Frances of the Stane, on the other part, concerning a certain claim of heritable possession of a piece of muir lying at the west end of the chapel of St. Bridget, in the barony of Cuninghame and shire of Ayr : on account of which discord moved between the parties foresaid, and in order to evite the evil and hurt which might arise therefrom, we caused the aforesaid piece of muir with the pertinents to be duly recognosced in our hands, a long time bygone : and afterwards, to pacify and put an end to the discord aforesaid, and to have it seen, declared, and finally determined to which of the said parties the said piece of muir with the pertinents ought to belong, and of right and reason to remain, we caused the parties foresaid, together with the best and most trusty men of the country, in proper person, and by our bailie of our barony of Cuninghame, to be lawfully summoned by our letters patent under our seal, that they should compear personally before us on Saturday the 24th of July in the year of the' Lord 1417, and of our government the twelfth, on account of the cause aforesaid : on which day, the foresaid summons being lawfully proved before us, — then by prudent and faithful men of the country, by whom the truth of the matter might be best known, the great oath intervening, namely, John of Chalmer of Gadgirth, John Lockhart of the Bar, Eobert Koss of Tarbart, John of Arnot of Lochrig, Eobert of Fergushill of that ilk, Henry of Cuninghame, John Boyle of Kelburn, Alexander Fraser of Knok, Finlay of Monfod of that ilk, John of Langmure of that ilk, John Homil, Gilbert Spere, John Gibbonson, William Dobynson, and Adam Lachlane, we caused it to be diligently inquired which of the said parties was in possession of the said piece of muir at the time of our recognition aforesaid : Who having been sworn, and well and ripely advised and consulted, with one voice, none disagreeing, said, declared, and finally determined, that the foresaid bailies, burgesses, and community, were in possession of the said muir with the pertinents, at the time of our recognition above said ; and therefore, in presence of many of the chief men of the kingdom, barons, knights, and nobles, namely, Murdach Stewart of Kinclevin, knight, our lieutenant, John Digitized by IVIicrosoft® 22 MUNIMENTS OF THE BURGH OF IRVINE. Stewart Earl of Buchan, our dearest sons, John of Montgomery of Ardrossan, Humfrey of Cuninghame of Auchtermachane, knights, Alexander of Livingston of Calendar, "William of Cuninghame of Kilmaurs, and Archibald of Cuninghame of Auchinbawy, with many others, of deliberate counsel, we have, as by our office undertaken we ought to do, delivered the said muir with the pertinents to the aforesaid bailies, burgesses, and community, as possessors of the same, at pledge, until the same shall be lawfully recovered from them as the order of law requires : Wherefore, we firmly charge all and sundry liege men and subjects of the kingdom whom it may concern, that none presume unjustly to disturb or vex the said bailies, burgesses, and community in their possession of the foresaid muir, under all pain which they may incur in whatsoever manner towards the regal majesty or us : In witness whereof, we have caused our seal to be set to these presents, at Irvine, day and year above mentioned. 10. Charter hy King James {the First) renewing the Charter No. 7, supra. — [Not dated.] Jacobus Dei gracia Eex Scotorum omnibus probis hominibus tocius terre sue clericis et laicis salutem Sciatis quia ex supplicacione nobis et consilii nostri dominis per dilectos nostros ballivos et communitatem burgi nostri de Irwyne porrecta concepimus quod dicti ballivi et communitas per nobihssimos progenitores nostros cum libertatibus et privilegiis sicuti alii nostri burgi infra regnum nostrum infeodantur prout eorum carte et infeofamenta desuper confecta proportant Et quod una pars suarum evidenciarum caduca et in punctu perdicionis existit unde prefati ballivi et communitas nobis de remedio supplicarunt Nos igitur utilitatem et commodum dictorum ballivorum et communitatis ac burgi nostri predicti volentes necnon libertates et privilegia eisdem per dictos nostros progeni- tores concessas observare cupientes ex dictorum dominorum deliberacione ordinavimus quamdam cartam per progenitorem nostrum Eobertum Scotorum regem prenominatis ballivis communitati et burgo confectam reformari magnoque sigillo nostro de novo sigillari Cuiusquidem carte tenor sequitur et est talis Robertus Dei gracia Rex Scotorum [etc., as in No. 7 supra]. Digitized by IVIicrosoft® BURGH CHARTEES AND WRITS. 23 Abstract. Charter by King James (the First) narrating that the bailies and community of the burgh of Irvine had supplicated the King and his lords of council to remedy the decay of some of their charters conferring privileges upon the burgh, and therefore ordaining the renewal of the charter No. ,7; supra, and that the great seal should be again appended thereto. [Not dated.] 11. Decreet of the Commissioners of Burghs in Parliament anent Waste Burgh Lands. — 6th March 1429-30. [Notarial Copy.] In Dei nomine amen Noverint universi hoc presens publicum instrumentum visuri vel audituri quod anno ab incarnacione eiusdem millesimo quad- ringentesimo vicesimo nono indictione octava mensis Marcii die sexto pontificatus sanctissimi in Christo patris et domini nostri domini Martini divina providencia Pape quinti anno decimo tercio. In mei notarii publici et testium subscriptorum presencia personaliter constitutus Johannes Kerde commissarius burgi de Irewin peciit copiam cuiusdam decreti facti per universitatem burgorum et commissarios eorundem sibi dari per publicum instrumentum. Cuiusquidem decreti forma sequitur in hec verba. In parleamento domini nostri Regis Jacobi tento apud Pertht die Lune sexto die mensis Marcii cum continuacione dierum de anno Domini millesimo quadringentesimo vicesimo nono Statutum fuit ordinatum et finaliter decretum per universitatem commissariorum burgorum Scocie in dicto parleamento existencium unacum consensu et assensu eorundem quod si alique terre in aliquo burgo Scocie fuerint vaste et non distringibiles pro firma Eegia dicti burgi quod aldermannus eiusdem burgi vel unus vicinus eiusdem habens ad hoc potestatem per communitatem dicti burgi sub sigillo communi eorundem faciet processum per terre et lapidis capcionem de dictis terris coram uno sergiando dicti burgi et testibus vicinis eiusdem presen- tando huiusmodi terram et lapidem ad quatuor curias capitales in defectu solucionis firme Eegie non solute nominando summam firme Eegie preteri- tam et annos preterites ad quamlibet curiam processus et ad quartam curiam si huiusmodi terre non fuerint redempte per solucionem firme Eegie tunc inde debite dabitur iudicium proprietatis de dictis terris remanendis Digitized by IVIicrosoft® 24 MUNIMENTS OF THE BUEGH OF IRVINE. in feodo et hereditate ac in proprietate communitati dicti burgi imperpetuum sine recnperacione cuiuscunque prosequentis. Super quibus quidem statute ordinacione et decreto predictus Johannes Kerde peciit a me notario publico subscripto sibi publicum fieri instrumentum Acta fuerunt hec anno indictione mense die et loco ac pontificatu supradictis presentibus omnibus commissariis burgorum in dicto parleamento existentibus testibus ad pre- missa vocatis specialiter et rogatis. Et ego Willelmus de Kynnarde clericus Saucti Andree diocesis publicus Imperiali auctoritate notarius Quia premissis omnibus et singulis dum ut premittitur agerentur et fierent unacum prenominatis testibus presens interfui eaque vidi scivi et audivi ac ad instanciam predicti Johannis Kerde in banc publicam formam redegi presensque publicum instrumentum me aliis negociis occupato per alium scribi feci id meis signo et subscripcione solitis et consuetis signavi in testimonium omnium et singulorum premissorum. W. de K. Absteact. Notarial Instrument certifying that, in presence of a notary and witnesses, John Kerde, commissioner of the burgh of Irvine, craved a copy of a Decree, made by the whole of the burghs and commissioners of the same, to be given to him by public instrument ; which decree was to the effect that, in the parliament held at Perth on Monday 6th March, with continua- tion of days, in the year 1429, it was statute and ordained by the whole of the commissioners of the burghs of Scotland, present in the said parliament, with consent of the same, that if any lands in any burgh of Scotland were waste and not distrainable for the King's ferme of the said burgh, the alderman of the burgh or a neighbour of the same, having power by the community of the burgh under their common seal, should make process by taking of earth and stone of the said lands in presence of a sergeant of the burgh, and witnesses, neighbours of the same, and presenting them to the four head courts, in default of payment of the King's ferme, naming the sum and the years past, at each court ; and at the fourth court, if the lands shall not have been redeemed by payment of the King's ferme then due, judgment shall be given of the property of the said lands, to remain in fee heritage and property to the community of the said Digitized by IVIicrosoft® BURGH CHAETERS AND WRITS. 25 burgh for ever, without recovery on the part of any pursuer : On which statute and decree the said John Kerde asked an instrument from the notary ; the witnesses being all the commissioners of the burghs present in parliament and William of Kynnarde, clerk of St. Andrew's diocese, notary. 12. Transumpt before the Official of Lothian (on 28th September 1482), of Grants by Robert, Steward of Scotland, to Sir Hugh of Eglintoun, of the offices of Bailie of Cunynghame and Chamber- lain of Irvryne, and of other ivrits relating to the same offices — 1336-1448.^ In Dei Nomine, Amen : Noverint universi et singuli hoc presens publicum instrumentum transumptum inspecturi, lecturi et audituri, quod nos, Ricardus Roberti, Rector ecclesie perochialis de Suthek, ac venerabilis et egregii viri, Domini Officialis Sanctiandree infra Archidiaconatum Laudonie, commissarius ad universitatem causarum specialiter deputatus, ad instanciam nobiUs et potentis domini, Hugonis Domini Mowngumry, omnes et singulos communiter et divisim, interesse habentes, seu habere putantes, vel quos infrascriptum tangit negocium, seu tangere poterit quomodolibet in futurum, ad comparendum coram nobis, certis die et loco inferius designatis ad videndum et audiendum quasdam cartas, literas, evidencias, indenturas et quitancias inferius scriptas, concernentes officium Balliatus de Cunyng- hame, et officium Camerarie burgi de Irwyne, transsumi, transcribi et exemplari, et in publicam transsumpti formam redigi, per edictum publicum, in valuis ecclesie Beati Egidii de Edinburgh, affixum et publicatum, per- emptorie citari fecimus, cum intimacione debita, ut moris est : Quibus die et loco advenientibus, comparuit coram nobis prefatus Hugo Dominus Mowngumry, unacum suo advocato sive prolocutore. Domino Johanne Symontoun, presbytero, et dictas literas citatorias debite execucioni demandatas, presentavit; quibus receptis, vocatisque in eisdem contentis, et non comparentibus, prefatus Dominus Johannes Symontoun contumacias accusavit, et in penam suarum contumaciarum, dictas cartas, literas, endenturas et evidencias, judicialiter produxit et exhibuit; hujusmodi sub tenore : — 1 Memorials of the Montgomeries, vol. ii. pp. 5-7. VOL. I E Digitized by IVIicrosoft® 26 MUNIMENTS OF THE BUEGH OF lEVINE. \_Then folloio Charters] (1.) Eobertus Senescallus Scocie, etc. etc. [and'] (2.) Robertus Senescallus Scocie, etc. etc. [and] (3.) Omnibus hoc scriptum visuris vel audituris, Eobertus Senescallus Scocie, Comes de Stratherne, Salutem in Domino : Quia concessimus et hereditarie donavimus nobili viro. Domino Hugoni de Eglintoun, Domino eiusdem, dilecto fratri nostro, et heredibus suis, officium Ballivi Baronie de Cunyngbam, unacum officio Camerarii burgi nostri de Irwyn, ad que quidem officia nuUus feodus in certo consequitur nee debetur : Noveritis nos dedisse, et per presentes concessisse eidem Domino Hugoni et heredi- bus suis hereditarie, tertiam partem omnium exituum et amerciamentorum in dictis curiis contigencium qualitercunque : Et hoc omnibus quorum interest, vel poterit interesse, tenore presentium innotescat : In cujus rei testimonium sigillum nostrum, unacum sigillo Johannis Senescalli, Comitis de Carrik, Domini de Kyle et de Atholia, filii nostri primogeniti, presentem concessionem ut predicitur confirmans et ratificans, est appensum : Testibus, religioso viro. Domino Eoberto, Dei gracia Abbate de Kilwynin, nobilibus viris, Dominis Johanne de Lindesaye Domino de Thurstoune, Adam de Fullartoun Domino de Corsby, militibus ; Kennydy, Domino de Donhour, Johanne Wallace Domino de Richardtoun, Thoma Sympill Domino de Elyastoun, Johanne Graye de Estelwoude, et multis aliis. Hec autem litera sigillata erat unico sigillo, sed tamen portabat signum ubi aliud sigillum erat affixum. Abstract. Notarial Transumpt at the instance of Hugh Lord Montgomery, of certain charters and other writs concerning the offices of Bailie of Cunninghame and Chamberlain of the Burgh of Irvine : Done before Eichard Eobertson, rector of the parish church of Southwick, commissary depute of the official of St. Andrews, within the Archdeanery of Lothian, in the consistorial place of the church of St. Giles of Edinburgh on 28th September 1482 : of which charters the first and second above noted are dated at Erth, 15th January 1366-7 ; and the third, as above copied, is not dated, but is followed by a charter dated at Eenfrew 30th May 1370. Digitized by Microsoft® BUEGH CHAETEKS AND WEITS. 27 Translation. To all who shall see or hear this writing, Robert, Steward of Scotland, earl of Stratherne, wisheth salvation in the Lord : Whereas we have granted, and heritably given, to a noble man. Sir Hugh of Eglintoun, lord of that ilk, our beloved brother, and his heirs, the office of bailie of the barony of Cunyngham, together with the office of chamberlain of our burgh of Irvine, to which offices no certain fee accrues or is due, — wit ye us to have given, and by these presents to have granted, to the said Sir Hugh and his heirs, the third part of all the issues and fines of whatsoever kind happening in the said courts : and this is notified by the tenor of these presents, to all whom it may concern : In witness whereof, our seal, together with the seal of John Stewart, earl of Carrick, Lord of Kyle and of Athole, our firstborn son, is appended, confirming and ratifying the present grant as is before said : witnesses, the religious man, lord Robert, by the grace of God, abbot of Kilwinning, the noble men Sir John of Lindesay lord of Thurstoun, Sir Adam FuUartoun lord of Corsby, knights ; Kennedy lord of Dunure, John Wallace lord of Riccartoun, Thomas Sempill lord of EUiestoun, John Gray of Eastwood, and many others. [This Letter was sealed with only one seal, but it bore a mark where the other seal was affixed.] 13. Extracts from the Minutes of the Justiceaires, anent the Repledging of certain Burgesses of Irvine. — 1459-60, 1472. In curia Itineris Justiciarie domini nostri Regis tenta et inchoata apud burgum de Air tercio die mensis Marcii anno Domini millesimo quadrin- gentesimo quinquagesimo nono Coram honorabili et potenti domino Andrea domino Avindaile gardiano occidentalium Marchiarum Scotie versus Angliam ac justiciario domini Regis ex parte australi aque de Fortht generaliter constitutus comparuit Walterus Grahame ballivus de Irw3riie et replegiavit WHlelmum Burne Johannem Burne Thomam Burne Mariotam Burne Mariotam Trane Georgeum Pennyr Alexandrum Howstoun Johannem Mur juniorem et Jacobum Wilsone ad libertatem dicti burgi de Irwyne. Ita est in libro Adjornalis Nicholaus Craufurd clericus Justiciarie. Digitized by Microsoft® 28 MUNIMENTS OF THE BUEGH OF IRVINE. In curia Itineris Justiciarie domini nostri Eegis tenta et inchoata apud burgum de Air die mensis Januarii die Martis anno Domini millesimo quadringentesimo sexagesimo quinto coram honorabilibus viris Willelmo Edmondstoun de Duntreth et Gilberto Kennedy de Bargany justiciariis domini nostri Eegis ex parte australi aque de Forth generaliter constituti comparuerunt ballivi de Irwyne et replegiarunt Thomam Burne Willelmum Pyle Jacobum Burne Finlaium Park Johannem Achinmade Johannem Jamesone et uxorem Jobannis Achinmade Thomam Cocherane Margaretam Stupqhill Alexandrum Cuninghame Margaretam Dene ad libertatem dicti burgi de Irwyne. Ita est in libro adjornahs Nicholaius Craufurd clericus Justiciarie. In curia Itineris Justiciarie domini nostri Eegis tenta et inchoata apud burgum de Air die Lune secundo mensis Novembris anno Domini miUesimo quadringentesimo septuagesimo secundo per honorabilem virum magistrum David Guthere de eodem justiciarium domini nostri Eegis ex parte australi aque de Fortht generaliter constituti comparuerunt ballivi de Irwyne et replegiarunt personas subscriptas ad previlegium dicti burgi viz. Willelmum Pyll Willelmum Dongane Johannem Jamesone Agnetam Logane Mariotam Fresale Elesabetht Wod Willelmum Dogman Archibaldum Stewart Mar- garetam Eskdale et Johannem Mylne. Ita est in Hbro adjornalis Nicholaius Craufurd clericus Justiciarie. In curia Itineris Justiciarie domini nostri Eegis tenta et inchoata apud burgum de Air die Sabbato tercio coram honorabili et potenti domino C[olino] co[mi]te Ergadie magistro hospicii supremi domini nostri Eegis et Justiciario domini nostri Eegis deputato comparuerunt ballivi de Irwyne et replegiarunt personas subscriptas ad previlegium dicti burgi, viz. Willelmum Fergusone Johannem Smytht Willelmum Cuninghame Johannem Watsone Johannem Watsone filium ejusdem Johannem Hill Eduardum Arnott Bertholomeum Holland Johannem Holland Galfridum Holland Cristoferum Paidzeing et Hugonem Cutlar. Extractum de libris adjornalium supremi domini nostri Eegis per me Nicholaium Craufurd de Oxingangis clericum Justiciarie generalem ejusdem sub meis signo et subscriptione manualibus. NiCHOLAius Craufurd, Productum : J. Miller. Clericus Justiciarie. Digitized by Microsoft® BURGH CHARTERS AND WRITS. 29 Abstract. Extracts from the Books of Adjournal regarding (l.) Eepledging by- Walter Grahame bailie of Irvine of William Burne, John Burne, Thomas Burne, Marion Burne, and others, to the liberty of the burgh of Irvine, in the court of Justice ayre of the King, held at the burgh of Ayr on 3d March 1459, before Andrew Lord Avondale, Warden of the West Marches of Scotland over against England, and Justiciar of the King on the south side of the Water of Forth. (2.) Repledging by the bailies of Irvine of Thomas Burne, William Pyle, James Burne and others, in a Court of Justice ayre of the King, held at the burgh of Ayr iu January 1465, before William Bdmondstoun of Duntreth and Gilbert Kennedy of Bargany, Justiciars of the King on the south side of the Water of Forth. (3.) Eepledging by the bailies of Irvine of William Pyle, William Dongane and others in a Court of Justice ayre held at the burgh of Ayr 2d November 1472, by Mr. David Guthere of that ilk, justiciar of the King on the south side of the Water of Forth. (4.) Eepledging by the bailies of Irvine of WiUiam Fergusone, John Smyth and others in a Court of Justice ayre of the King, held at the burgh of Ayr before Colin Earl of Argyll, master of household to the King, and Justiciar depute. [Date obliterated.] Extracted by Nicholas Craufurd of Oxengangs,^ general clerk of Justiciary of the King. 1 4. Memorandum of Papers produced, relating to the Earl of Eglinton's right to the office of Bailie and Chamberlain of Cunningham. — 1366-1482. Ane Lettre of Bailyerie maid to Hew erle of Eglintoun be Eobert erle of Stratherne of the office of bailzerie of the barony of Cuninghame makand na mentioun of blude nor of the burght, of the dait j"" iij° Ixvj yeris. Ane uthir infeffcment maid be the said Eobert to the said Hew de exitibus bailie et camerarie of the said barony, of the dait the yeir forsaid. 1 Nicholas Craufurd of Oxengangs, Clerk of infeftment in the lands of Poldrait, dated 29th Justiciary, has a Precept from James V. for his April 1527. — Beg. Sec. Sig., Lib. vii. fol. 66. Digitized by IVIicrosoft® 30 MUNIMENTS OF THE BURGH OF IRVINE. Ane uthir charter maid be the samin persoun to the said Hew de tertia parte exitibus amertiamentorum wantand ane dait officii camerarii infra burgum de Irwin. Ane uthir charter maid be the said Eobert to the said Hew of the said office of baiUierie and chalmerlanrie within the burght of Irwin gevand the said Hew and his aris power to hald courtis to sett the saidis landis to ferme to replege the brakaris of the said office to punesche and uthiris to put in thair place, etc. quhilk evident is not halelie transumit Be ressoun the transsunpt declaris that it mycht not be red and thair mycht haif bene uthir provisionis thairintill. Ane charter maid be King James to Alexander lord Montgwmery be resignatioun of Alexander his fader of all and haiU the office of the barony of Cuninghame without ony mentioun of blude or chalmerlanrie of the dait j™ iiij" xlviij yeris. All thir evidentis ar transsumit in Edinburgh befor ane commissar callit Richardus Roberti upoun the xxviij day of Nouember j"" iiif Ixxxij yeris And this transsunpt is bot modum vidimus without witnes or recognoscheing and na partie being summond thairto. Ane charter maid be King James of the office of baiUierie and chalmer- lanrie gevin to Hew erle of Eglingtoune als frelie as his fader or his predecessouris held the samin of befoir. Memorandum that within the court bulk thair is na mentioun maid of ony burges of Irwin except ane that duelt in the burrowmur of Irwin quhilk wes nolder burges nor inhabitare of Irwin and the last court wes haldin perforce by Hewe. Indorsed : The productioun of my lord of Eglintowne's letteres. 15. Charter hy King James the Fourth, ratifying all previous royal grants to the Burgh of Irvine. — 8th August 1511. Jacobus Dei gracia Rex Scotorum omnibus probis hominibus tocius terre sue clericis et laicis salutem Sciatis nos pro favore speciali quem gerimus erga dilectos nostros ballivos et communitatem burgi nostri de Irwin et pro ipsorum bono et gratuito servicio nobis impenso approbasse ratificasse ac pro nobis et successoribus nostris pro perpetuo confirmasse omnes et singulas Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 31 donaeiones libertates privilegia et immunitates quascunque prefato nostro burgo de Irwin ac ballivis et communitati ejusdem per quondam nobilissimos progenitores et predecessores nostros quorum animabus propicietur Deus prius datas et concessas necnon omnes cartas scripta et evidencias eis desuper confectas Tenendas et habendas omnes et singulas predictas donaeiones libertates privilegia et immunitates dicto nostro burgo de Irwin ballivis et communitati ejusdem nunc presentibus et futuris per ipsos et successores suos exercendas gaudendas et possidendas adeo libere quiete plenarie integre honorifice bene et in pace in omnibus et per omnia sicut carte evidencie et scripta predecessorum nostrorum predictorum prefato nostro burgo ballivis- que et communitati ejusdem date concesse et facte in se plenius proportant et testantur Ac secundum tenorem vim formam et eflfectum earundem Volumus eciam et concedimus pro nobis et successoribus nostris quod bee generalis nostra confirmacio erit dictis ballivis et communitati prefati nostri burgi eorumque successoribus talis et tanti valoris vigoris et efficacie sicut omnes predicte donaeiones libertates et privilegia carteque et evidencie earundem in bac nostra carta confirmacionis specialiter fuissent contente ac de verbo in verbum inserte Quas eciam cartas et evidencias pro expressis habere volumus in bac nostra carta confirmacionis sine aliquo impedimento obstaculo vel contradictione quacunque Insuper volumus ac pro nobis et successoribus nostris concedimus et ordinamus quod quocienscumque et quandocumque aliquem vel aliquos burgensem vel inbabitantem burgenses vel inbabitantes dicti nostri burgi de Irwin ad quascunque curias in antea tenendas coram quocunque judice vel quibuscunque judicibus et pro quacunque causa attacbiari contigerit seu arrestari Quod ipsi ad libertatem dicti nostri burgi de Irwin replegientur et reducantur et in eodem per assisam vicinorum suorum jura subeant imperpetuum sine aliquo obstaculo seu contradictione nostri aut successorum nostrorum judicum ve aut officiariorum nostrorum quorumcunque In cujus rei testimonium presenti carte nostre magnum sigillum nostrum apponi precepimus Testibus reverendissimo reverendisque in Cbristo patribus Alexandro Sancti Andree arcbiepiscopo etc. cancellario nostro Willelmo episcopo Abirdonensi nostri secreti sigilli custode Andrea episcopo Catbanensi thesaurario nostro dilectis consanguineis nostris Arcbi- baldo comite de Ergile domino Campbell et Lome magistro bospicii nostri Matheo comite de Levenax domino Dernlie Alexandro domino Hume magno camerario nostro Andrea domino Gray justiciario nostro Magistris Gawino Dumbar arcbidiacono Sancti Andree clerico Eotulorum registri ac consilii Digitized by IVIicrosoft® 32 MUNIMENTS OF THE BUEGH OF IRVINE. nostri Patricio Paniter rectore de Tannades secretario nostro et Roberto Colvile de Uchiltre nostre cancellarie directors Apud Edinburgh octavo die mensis Augusti anno Domini millesimo quingentesimo undecimo et regni nostri vicesimo quarto. Translation. James by the grace of God King of Scots, to all good men of his whole land, kirkmen and laymen, greeting: Know ye that we for the special favour which we bear towards our well-beloved the bailies and community of our burgh of Irvine, and for their good and thankful service done to us, have approved ratified and for us and our successors for ever confirmed, all and sundry gifts freedoms privileges and immunities whatsoever, given and granted beforetime to our foresaid burgh of Irvine, and the bailies and community thereof, by our deceased most noble progenitors and predecessors, on whose souls may God have mercy, and all charters writs and evidents made to them thereupon : To be had and to be held all and sundry the foresaid gifts freedoms privileges and immunities to our said burgh of Irvine, the bailies and community of the same, now present and to come, to be exercised enjoyed and possessed by them and their successors, as freely quietly fully wholly honourably well and in peace, in all and by all, as the charters evidents and writs of our foresaid predecessors, given granted and made to our foresaid burgh, and the bailies and community thereof, in themselves more fully purport and bear witness, and according to the tenor force form and efi"ect of the same : We also will and grant for us and our successors that this our general confirmation shall be of as much and as great strength force and effect to the said bailies and community of our foresaid burgh and their successors, as if all the foresaid gifts freedoms and privileges and charters and evidents of the same had been particularly contained and inserted word by word in this our charter of confirmation : Which charters and evidents also we will to be held as expressed in this our charter of confirmation, without any impediment obstacle or gainsaying whatsoever : Moreover we will and for us and our successors grant and ordain, that so often and whensoever it shall happen any one or more burgess or indweller burgesses or indwellers of our said burgh of Irvine, to be attached or arrested before whatever judge or whatever judges and for whatsoever cause, they be repledged and brought back to the freedom of our burgh of Irvine, Digitized by IVIicrosoft® BUEGH CHAETEES AND WEITS. 33 and underlie the laws in the same by an assize of their neighbours, for ever,, without any obstacle or gainsaying of us or our successors, or of our judges or officers whomsoever : In witness whereof we have commanded our great seal to be affixed to our present charter : Witnesses, the most reverend and reverend fathers in Christ, Alexander Archbishop of Saint Andrews, etc. our chancellor, William Bishop of Aberdeen, keeper of our privy seal, Andrew bishop of Caithness, our treasurer; our wellbeloved cousins Archibald earl of Argyle lord Campbell and Lome, master of our household, Matthew earl of Lennox lord Darnley, Alexander Lord Hume, our great chamberlain, Andrew lord Gray, our justiciar, Masters Gavin Dunbar, archdeacon of Saint Andrews, clerk of our Rolls register and council, Patrick Paniter, rector of Tannadice, our secretary, and Eobert Colvile of Ochiltree, director of our chancery : At Edinburgh the eighth day of the month of August, the year of our Lord one thousand five hundred and eleven, and of our reign the twenty-fourth year. 16. Letters of Charge by King James the Fifth, and Queen Margaret his Mother, to the Burgh of Irvine, to provide vessels and marhiers for the expedition against the Lord of the Isles.- — 2&th April 1514. James be the grace of God King of Scottis and Margrete be the samin grace Quene of Scotland oure derrest moder tutrice testamentar and governour to the aldermane and bailies of our burgh of Irwin greting Forsamekile as we have direct our uthiris lettres to oure cousingis and counsallouris the west- land lordis to pas for the resisting of our untrew liegis of the His that is to say Donald of the His Lauchlane M'Clane of Dowart and divers uthiris thare complicis quhilkis has invadit and dailie invadis oure propir landis of the His and uthiris lordis landis thairabout be cruell slauchter hereschip and bimyng of oure trew liegis and tendis siclik to invaid the Lawland geif it be in thare powere and thai be nocht hastelye resistit in hie contemptioune and lichtleiug of our auctorite brekand the cuntre and gevand evill example till uthiris now in our tender age and als in dissobeying and lichtleing of oure lettres direct to thame of before tharthrou incurrand the pane of tressoune contenit in the samyne And atour in maire contemptioune hes takin oure officiare and messingere of armez Gilbert Eeoch quhilk we laitlie send to thaim with oure lettres and chargis for the stancheing of sik cruell VOL. I F Digitized by Microsoft® 34 MUNIMENTS OF THE BURGH OF IRVINE. and manifest attemptatis and as yit withhaldis him Oure will is herefore and we charge you stratlie and commandis that incontinent thir our lettres sene ye provid for all the weschallis and botis ye may furnes togidder with the marinaris ye may get to be reddy and pas to Loch Eenesay in Arane and thare to meite the saidis lordis and our cousing and counsalour Colyne erle of Ergile the xv day of Mali nixt to cum but fait furnest with wittalis and expensis to remane for the space of xl dais and eftir as ye salbe chargit be the saidis lordis to pas with thame and mak thame service for the resisting of oure said untrew liegis And atour that ye furnes vittalis to the saidis lordis apoune thare expensis at your powere as ye will half speceale thank of us and as ye lufe the commone wele of oure realme and will ansuere to us tharapoune at your utter perell. Grevin under oure signet at Striveling the xxvj day of Aprile and of oure regnne the first yere. ^V v^^'^^^-v y^ Per S. D. N. Eegem Eeginam et consilium. 17. Letters of Charge by King James the Fifth, to the Burgh of Irvine, to send allfencible men, well armed, to Roslin Muir, to resist the English.—Slst May 1514. James be the grace of God king of Scottis to the bailies of oure buro-h of Irwin greting Forsamekil as it is thocht expedient devisit and ordanit be the lordis of our counsale that all our liegis fensabil men assembil and mete on Eosling mure beside Edinburgh the fift day of Julii nixt to cum furnist and bodin for were as efter folowis for defens of our realme and liegis and resisting of our auld inymis of Ingland quhilkis as the saidis lordis ar sickerlie advertist tendis at thare power to invaid us our realme and liecris Oure wil is herfore and we charge you straitlie and commandis that incontinent thir our lettres sene ye in our naim and autorite command and charge be opin proclamatioun at the mercate croce of our said burgh al and sindry oure liegis betuix sexti and sextene and uthiris fensabil men within the fredome of our said burgh that thai and ilkan of thame be wele abulzeit Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 35 and bodin for were on thar best wise in quhite harnes brigantinis gude jakkis haburonis splentis sellatis gorgettis gluvis of plate grete speris axis halbertis Jedwortb stavis lang tua bandit suerdis band bowis crocebowis culveringis pavilyeonis splentis rubbouris creilis and al utber maner of abilzeamentis wappinnis and instrumentis for were addres tbaim and convene and mete witb tbe lafe of our lordis baronis and trew liegis upone the said mure tbe said fift day of Julii nixt to cum furnist with vittalis and expensis for the space of xx dais efter thar cuming pas quhare it salbe thocht expedient and devisit for the tyme for resisting of our saidis auld inymis and defens of our realme and liegis under tbe pane of tynsale of life landis and gudis and in the menetyme that ye caus tuo or thre wappinschewingis to be maid be al the inhabitaris of our said burgh and assigne dais tharto that thai may kepe and that ye se that thai be sufficientlie furnist and bodin as said is ilkman in bis aune degre as efferis and that ye charge thame to kepe the said dais of wappinschewingis the first day under the pane of XX s the secund day under the pane of xl s and the thrid day under the pane of iii 11 to be takin of eviry man but favouris that cummis nocht tharto bodin as said is and that ye be thar the said day bodin and furnist as said is bringing with you thir our lettres deulie execut and indorsat that it may be understand quhat diligence ye do herein as ye wil ansuere to us upone the executioun of youre office and under the panis forsaidis. Gevin under our signet at Striveling the last day of Mail and of oure regne the first yere. Per duodecim dominos per generale consilium ad hoc electos, etc. 18. Minute of the Lords of Council in reference to the Customs of Irvine. — 11th April 1524.-^ xi Apribs [W V<= xxiiij ). Sederunt episcopus Abirdonensis comes de Cassillis dominus Hay de Yestir decanus Abirdonensis Archidiaconus Cath- anensis Rotulator Nicholaus Craufurd. Anent our soverane lordis letres purchest at the instance of the grete custumaris of Irwyne aganis Andro Mure Johnne Mure Johnne Eobisone Edward Eobisone Patrik Patersoune Johnne Howstoune youngar James Airstoune Patrik Patersoun Mathow Multrar Johnne How WHliame Mure 1 Acta Dominorum Concilii, Lib. xxxiv. Digitized by Microsoft® 36 MUNIMENTS OF THE BUEGH OF IE VINE. iiobert Hunter and Thomas Smyth for the wranguis defrauding of our soverane lordis custumis of thair merchandice and gudis sauld be thame to Franchemen and had furth of the said burgh and fredome thairof be thame uncustumit ilkane for thair awin pairt as at maire [lenth] is contenit in the summondis and lettres thairupone the said grete custumaris comperand be schir Alexander Scott vicar of Kirkurd thair procuratour and the remanent of the saidis personis lauchfuUie summond to this actioun oftymes callit and nocht comperit the Lordis of consale continewis the said mater in the samin forme force and effect as it is now but prejudice of party onto the xxiiij day of Maij nixt tocum with continuatioun of dais and ordanis the said custumaris to have letres to summond sic witnes and probacionis as thai will use for the preving of the punctis of the principall summondis apone the said day and the parti to be warnit of this continuacioun and to heir the witnes suorne. 19. Letters of Lawborroivs at the instance of the Burgh of Irvine, against' Heio Earl of Eglinton. — Mh August 1529. James be the grace of God King of Scottis to our Schiref of Are and his deputis and to our lovittis Ormond Bute Dingwall persewantis Duncane Richardsone David Dowry Archibald Hoge Johue Gourlaw messingeris our schireffis in that part conjunctlie and severalie specialie constitut greting Forsamekill as it is humelie menit and schewin to us be our lovittis the bailies counsale and communite of our burgh of Irwin that quhar our said' burgh is infeft with all fredomez and privilegis siclike as ony uther burgh within our realme and has bene in use and possessioun thairof sen thair first fundatioun quhill now laitlie our cousing Hew erll of Eglintoun our bailie of Cunynghame molestis thame thairintill And becaus thai wald be our autorite uphald and keip the fredom of our said burgh unbrokin or hurt thai ar oft tymez mannissit and boistit be our said cousing his complicis and servandis for thair bodely harme and has divers tymes cumin upon thame for thare slauchter in thair aune houssis with drawin knyffis and siclike has invadit thame' upon our hie streit and uther wais in grete skayth to thame and in hie contempcioun of our autorite and lawis Our will is herefor and we charge you straitlie and commandis that incon- tinent thir our letteris sene ye pas and tak sicker souirte and lauborrowis of the said Hew erll of Eglintoun and his complicis and servandis samony Digitized by Microsoft® BUKGH CHAETERS AND WEITS. 37 as the saidis bailies counsale and communite of our said burgh of Irwin will mak faith before you thai dreid bodely harme of and gevis their namez to you in bill that thai salbe harmeles and skaithles of thame and all that thai may let in tyme cuming but fraud or gile bot as law will That is to say of the said Hew erll of Eglintoun undir the pane of j'" U and of ilkane of his sonnys undir the pane of v" H and of ilk uthir gentill man landit thair complicis j° H ilk gentill man unlandit j" merkis and ilk yeman xl H And that ye in our name and autorite command and charge our said cousing his sonnys servandis and complicis personaly gif thai can be apprehendit failzeing thairof be oppin proclamatioune at the mercate croce of the hede burgh of the schire quhare thai duell to cum and fynd the said souirte and lauborrowis to you within vj dais nixt eftir thai be chargeit be you thairto undir the pane of rebellioun and putting of thaim to our home The quhilk vj dais being runin and the said souirte nocht fundin that ye denunce thame our rebellis and put thame to our home and eschaete and inbring all thair movable gudis to our use for their contemptioun The quhilk to do we commit to you coniunctlie and severalie our full power be thir our letteris delivering thaim be you deuly execute and indorsate agane to the berare. Gevin undir our signete at Edinburgh the ix day of August and of our regne the xvj yere. Ex deliberacione dominorum consilii, etc. Bannatyne. 20. Composition for the Burgh of Irvine for absence from the Host, and intercommuning with Neil Montgomery of Langshaiv. — 12th February 1529-30. CoMPONiTUR pro remissione cum ballivis burgensibus et communitate burgi de . . ac cum omnibus et singulis inhabitantibus infra dictum burgum terras burgales ac libertatem ejusdem infra vicecomitatum de Air com- morantibus pro eorum remanencia ab exercitu Eegis de Sulway ac aliis supremi domini nostri Eegis exercitibus quibuscumque suas contra pro- clamationes desuper confectas Ac pro eorum proditoria intercommunicatione receptione favore et assistentia datis et exhibitis Nigello Montgumre de Langschaw ejus fratribus et eorum complicibus tunc felonibus ac aliis supremi domiai nostri Eegis rebellibus quibuscumque Et pro omnibus actione et crimine que eis aut [eor]um alicui inde quovismodo imputari Digitized by IVIicrosoft® 38 MUNIMENTS OF THE BURGH OF IRVINE. poterint Necnon pro omnibus aliis actionibus transgressionibus criminibus et offensis quibuscumque per dictas personas aut earum aliquam aliquibus, temporibus elapsis ante diem date presentium commissis seu quomodolibet perpetratis proditoria traditione in personam regiam furto receptione furti murthuro incendio mulierum raptu et homicidio tantum exceptis Sub- scriptum per dominos compositores apud Air xii die mensis Februarii anno Domini j" v° xxix° Compositio xxxiij lib vj s iij d. E. thep. H. Candide Case. D. de Abirbrotbok. Jhon Lord Irskin. Abstract. Composition for the bailies, burgesses, and community of [Irvine], and all inhabitants within the burgh lands and liberty thereof in the sheriffdom of Ayr for remaining from the King's host at Solway, and other hosts of the King whatsoever, contrary to his proclamations : and for treasonable intercommuning, reception, favour, and assistance to Neil Montgumre of Langschaw, his brothers and their complices, then felons, and other rebels of the King whatsoever, etc. Subscribed by the lords compositors at Ayr, 12th February 1529. Composition £33 6s. 8d:. Signed by E[obert] treasurer ; H[enry] bishop of Galloway, D[avid] abbot of Abirbrothok, and John Lord Erskine. and 21. Signet Summons against Mr. William Montgomery of Stane others for spoliation. — 13^^ December 1533. James be the grace of God King of Scottis to our lovittis our schereffis in that part conjunctlie and severalie specialie constitut greting : Our will is and we charge you that ye lauchfuUy summond warne and charge Master Williame Montgomery of Stane Arthur Mont- gomery his sone and apperand air and Eobert Arth to compere befoir us and our counsale at Edinburgh or quhar it shall happin us to be for the tyme the day of nixt tocum gif it be lauchfull and failzeing tharof the nixt lauchfull day thareftir following in the hour of cans with continuatioun of dayis to answer at the instance of our lovitt Patersoun sone and air of umquhile Archibald Patersoun Digitized by Microsoft® BUEGH CHAETEES AND WRITS. 39 burges of our burgh of Irwin and Schir Eobert Patersone cbaplane his tutour for his interes that is to say the saidis personis for the wranguisly violent and masterfull spoliatioun be thame self thair servandis and complices being with thame in cumpany in thair names of thair causing command assistence and ratihabitioun away taking and withhalding fra the said Patersone pupill recently upoun the ix day of December instant out of Johnne Eankynis hous within our said burgh of thir gudis undirwrittin pertening to the said Patersone as his aune propir gudis and than being in his possessioun in the said Johne Eankynis hous foirsaid that is to say ane tydy kow price xlv s ane stirk price xx s ane mete almery price ii merkis tua brasin pottis price of thame xx s thre pewdir discheis price of thame xiij s iiij d ane veschel almery price vj s viij d: ane mete burd price v s ane irne spete price v s ane pan price iiii § V ladis of colis price of thame xxx d xxx ladis of turffis and petis price of thame v s as is allegit And tharfoir the saidis personis to here thame or ony of thame be decernit be decret of the lordis of our counsale to have done wrang in recent spoliatioun of the saidis gudis fra the said Patersoun out of the said hous in maner foirsaid and to restoir and deliver the samin agane to him and his possessioun and place that thai war takin fra als gud as thai war the tyme that thai war takin or the avale tharof prices foirsaidis according to justice and for the costis and skaithis sustenit be the said Patersoun and his said tutour tharthrow : And forthir to ansuer in the said mater insafer as law will Making intimatioun to the saidis personis that quhethir thai compere or nocht the saidis day arid place with continuatioun of dayis we will proceid and minister iustice in the said mater insafer as we may of law according to our act of parliament made upoun recent spulze Attour that ye lauchfully summond warne and charge to compere befoir us and our counsale the saidis day and place with continuatioun of dayis to bere lele and suthfast witness- ing insafer as thai knaw or salbe sperit at thame in the said mater undir all hieast pane and charge that eftir may follow The quhilk to do we committ to you conjunctlie and severalie our full powar be thir our letters dilivering thame be you deuly execut and indorsat agane to the berar Gevin under our signet at Edinburgh the xiij day of December and of our regnne the nynetene yeir. Ex deliberatione dominorum consilii, etc. J. Chepman. Digitized by IVIicrosoft® 40 MUNIMENTS OF THE BUEGH OF IRVINE. 22. Letters of Charge to the Burgh of Irvine to choose their Officers according to the Act of Parliament. — 2%th September 1537. James be the grace of God King of Scottis to our lovittis Johne Skrimgeour Johne Scheves Williame Campbell masaris Duncan Eiche David Tempilman Johne Coupare Eichard M'mannady messingeris oure schireffis in that part conjunctlie and severalie specialie constitute greting Forso- mekle as it is humilie menit and schewin to us be oure lovittis bailzeis and comonite of oure burgh of Irwin that quhare thai have thair bail[zeis] and ofl&ciaris of oure said burgh to cheis now at the next court eftir Michaelmes nevirtheles thare is certai[n] persouns within the samyn quhilkis in the tyme of the chesin of the said bailzeis and officiaris convenis with ... of simple persouns fremen within oure said burgh and gadderis ane multitude of thame togidder and [will] nocht thole the said officiaris to be chosin be the best and wourthiest of oure said burgh for the gud [and] wele of the samyn bot quham that thai pies to cheis in grete stopping and hindring of justice to be kepit with[in the] said burgh and in contrare the actis and statutis of parliament as is al[legit Oure] will is herefore and we ch[arge] you straitlie and commandis that incontinent thir our lettres sene ye [pas and in oure] name and autorite command [and] charge the saidis bailzeis counsale and commonite of oure said burgh th[at thai] cheis thair officiaris in the samyn, conforme to our said act of parliament and na uthirwayis as y[e will] ansuer to us thairapoun and [on] all the hiaste pane and charge thai may commit and inrin agane . . . that part The quhipk to do] we commit to you conjunctlie and severalie our full powere be thir oure [lettres] Delivering thir oure lettres be yo[u deulie] execute and indorsat agane to the berare. Gevin under oure signete at Edin- burgh the xxviij day [off] September and of oure regne the xxiii yere. Ex deliberatione dominorum consi[lii etc.] J. Douglas. Digitized by IVIicrosoft® BUKGH CHARTEES AND WRITS. 41 23. Letters of Charge forbidding the holding of Open Markets within Cuninghame, except at Irvine. — 3d Novemher 1538. James be the grace of God King of Scottis to oure schireflF of Aire and bailie of Cunyngbame and thair deputis and to oure lovittis messingeris oure scbireffis in that conjunctlie and severalie specialie constitute greting For[sa]mekle as it is humelie menyt and schewin to us be oure lovittis the bailies and comonite of oure burgh [of] Irwin that quhare thai ar of auld infeft in fre burrowage and hes broukit the samyn with[out interjruptioun within the boundis of Cunynghame quhill now laitlie in this trublus tyme sen the feild of Flowdoun marchandis chepman and uthiris oure liegis makis plane mercattis upoun all sondayis at the paroch kirkis of Kilmarnok Beith Dairy Largis and uthiris kirkis within Cunynghame and sellis hyde woU skynnis claith meill malt fische flesche and chepmen haldis plane buthis and sellis all maner of small marchandice and cramry wair and will nocht produce the samyn to the market to be sauld thair and coft upoun the marcat day quharthrow oure burgh is utirlie distroyit for want of repaire and use of change and we gretumelie defraudit in oure custumes and without reformatioun oure burgh salbe put to utir reuyne and distructioun aganis the commoun and to thair hevy dampnage and skaith gif sa be Oure will is heirfore and we charge you straitlie and commandis that incontinent thir oure lettres sene ye pas and in our name and autorite command and charge all and sindry marchandis and uthiris oure legis be opin proclamatioun at the mercat croces of Irwyn and uthiris places neidfuU that nane of thame tak upoun hand to use merchandice at ony kirkis within Cunynghame uthiris nor meit and drink except pure chepmen that beris thair pakkis upoun thair bakkis bot that thai bring all sic merchandice to our said burgh and uthiris fre burro wis to be coft and sauld in the samin commonely amangis oure liegis quhar we may have our custumes as accordis under the pane of escheting of all thair gudis being sauld outwith the fredome of the said burrowis That is to say the twa part thairof to be inbrocht to us and oure thesaurar in our name and the thrid part of the samin to the eschetar for his laubouris sua that our burrowis be nocht utirly . . . The quhilk to do we commit to you conjunctlie and severalie our full power be thir our lettres delivering VOL. I G Digitized by Microsoft® 42 MUNIMENTS OF THE BUEGH OF IRVINE. [thame] be you deulie execute and indorsat agane to the berar. Gevin under our signet at Bdinbu[rgh the] thrid day .of November and of our regnne the xxiiij yere. Ex deliberatione dominorum cons[ilii, etc.] L. GUDE. 24. Summons at the instance of the Burgh of Irvine against the Sheriff of Ayr, for infringing their privileges. — 11th January 1538-9. James be the grace of God King of Scottis to oure lovittis Thomas Nevin messinger Adam Mungumry James Broun oure schirreflfis in that parte conjunctlie and severalie specialie constitut greting Forsamekill as it is humelie menit and schawin to us be oure lovittis the baillies counsale and communite of our burgh Irwin That quhare our said burgh is infeft of auld be oure maist noble progenitouris of gude mynd quham God assolze with siclik previlege and fredome of burgh within thare selfis as utheris oure burrowis within oure realme hes and was nevir in use of passing upoun inqueistis assisis or utheris actionis before our schirreff of Aire or baillie of Cunynghame or thare deputis outwith the fredome and jurisdictioun of oure said burgh quhill xxix yeris syne or thareby oure said is schirreff and baillie trublit thame tharein and wald have compellit thame to have ansuerit before the saidis beillie and schirreff the saidis bailie counsale and communite havand provest and bailies of thare aune jugeis ordinare to thame Quhareupoun thai menit thame to the lordis of our counsale and for gude caussis moving thame obtenitt our uthir letteris discharging our saidis schirreff and baillie and thare deputis of all calling arresting unlawing or poinding of ony of the saidis baillies consale and communite of our said burgh within thare fredome and jurisdictioun for ony actioun or caus sen thai war exceptit fra our said schirreff baillie and thare deputis in fre burgage and of thaire officis in that parte as our saidis uthir letteris beris Nevirtheles oure said schirreff of Air and his deputis has laitlie gart call Johnne Kile elder and Thomas Kile thare nychtbouris and burgessis of oure said burgh before thame for allegit deforceing of our said schirreffis officiar in poinding within oure said burgh thai havand na power thareto and beino- dischargit of thare officis in that parte as said is and sa intendis to proceid aganis the said communiteis nychtbouris and hurte thare previlege and Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 43 fredome gretlie thare throw that thai have peciabillie broukit and joisit past memor of man as is allegit Oure will is herefore and we charge you that ye lauchfuUie summond warne and charge oure said schirreif of Aire and his deputis to compere befoire us and our counsale at Edinburgh or quhare it sail happin us to be for the tyme the xxiiii day of Januar instant in the houre of cans with continewatioun of dais to here oure uthir letteris gevin chargeing oure said schirreflf and his deputis gyfe the saidis Johnne and Thomas Kile be burgessis and induellaris of oure said burgh and that the said deforciament is allegit to be committit within the samyn quhare our said schirreff his deputis nor officiariis had na power to poind that thai desyst and ces fra all calling and proceding before thame aganis the saidis Johnne and Thomas nychtbowris of our said burgh dischargeing thaim tharof and of thair officis in that parte for the caussis forsaidis Or ellis to schaw ane resonable cans quhy the samyn aucht nocht to be gevin with certificatioun to thame and thai failze tharein oure uthir lettres salbe direct to the effect abone specifiit Attour that ye in our name and auctorite command and charge oure said schirreff and his deputis to continew thare courte in the said mater quhill the sext day of Februar nixt efter the said xxiiij day of Januar instant Sua that this summondis may be callit in the meyntyme as thai will ansuer to us thareupoun, and under all hiest pain and charge that efter may follow, as ye will ansuer to us thareupoun : The quhilk to do we committ to you conjunctlie and severalie our full power be thir our lettres delivering thaim be you deulie execut and indorsat agane to the berar. Gevin under our signet at Edinburgh the xj day of Januar and of our regnne the xxvj yere. Ex deliberatione dominorum consilii, etc. J. Maben. Fiat ut petitur : and anentis the mater depending before the Schiref to send the proces heire of deforce and to send heire the x day of Februar that justice may be ministrat. The xiiij day of Januere the yere of God j" v" xxxviij yeris I Thomas Nevin ane of the Schirreffis in that part within constitut past at command of thir our soverane lordis letterez and summond warnit and chargit Hew Campbell of Lowdoun Schirreff of Aire personaly apprehendit in jugement in the tolbuyth of Aire to compere before the lordis of Counsell day and place within writtin with continuatioun of dais to heire letterez gevin to Digitized by IVIicrosoft® 44 MUNIMENTS OF THE BUEGH OF lEVINE. the effect within writtiu Or ellis to schaw ane resonable caus quhy the samin suld nocht be gevin with certificatioun as is within specifyit Attour I chargit the said schirreff and his deputis to continew thare court quhill the vj day of Februare nixt to cum under the panis contenit in thir our soverane lordis letterez And this I did before thir witnes Adam Montgumry Archibald Muire William Yong Schir James Craufurd and Schir William Mure chaplanis and public notaris with utheris divers And for the mair witnessing I have affixt my signet. 25. Letters of Protection by King James the Fifth to the Burgh of Irvine. — 7th August 1540. James be the grace of God King of Scottis to all and sindry oure liegis and subdittis quham it eflferis quhais knawlege thir our lettres sal cum greting Wit ye us to have takin and be thir oure lettres takis our lovittis the provest baillies counsale and communite of our burgh of Irwin and all and sindry thair landis rentis heretageis takis stedingis possessionis malingis rowmes custumes burrow malis mylnis multuris houssis bigyngis myris mossis maner places stoir places grangeis pasturis lesuris woddis lewis fischeingis cornis cattell orchartis yardis stankis dykis men tenentis servandis familiaris factouris procuratouris and intromettouris and all and sindry uthiris thair gudis movable and unmovable quhatsumever had or to be had quhare ever thai be within oure realme or outwith under oure speciale protectioun supple mantenance defence and saufgard Quharfor we charge straitlie and commandis you all and sindry our liegis and subditis forsaidis that nane of you tak upone hand to do the saidis provest baillies counsale and communite or to all and sindry thaire landis rentis heretageis takkis stedingis possessionis malingis rowmes custumes burrow males mylnis multuris houssis bigyngis myris mossis maner places store places grangeis pasturis lesuris woddis lowis fischeingis cornis cattell orchartis yardis stankis dykis men tenentis servandis familiaris fermouraris factouris procuratouris and intromettouris and all and sindry utheris thair guddis movabill and unmovabill quhatsumever forsaidis ony evill molestatioun violence distrublance usurie harme or greif in ony maner of degre uthir- wayis than the course of commone law will, under all the hiest pane charge and offence that ye and ilkane of you may committ and inrin ao-anis Digitized by IVIicrosoft® BUEGH CHAETERS AND WEITS. 45 oure majestie in that parte and in speciale under the pane of forfalting and escheting of all youre gudis to oure use for your contemptioun gif ye do incontrare heirof Certefying you and ilkane of you quha sa dois incontrar heirof in ony poynt or wais we will mak you be punist thairfor but favour with all rigour as efFeris as aganis thame that committis crymes aganis oure majestie and oure familiar servandis Thir oure lettres of speciale protectioun and saufgard for all the dais of the saidis provest baillies counsale and communiteis lyftymes but ony revocatioun to indure Gevin under our prive seile at Falkland the sevint day of August the yeire of God j™ v"" fourty yeires and of our regnne the xxvij yeir. Per signaturam manu supremi domini nostri regis subscriptam, etc. [Seal slightly broken.] \_0n the hack.] One Settirdaye the fourtene daye of August in the yeir of God anc thousand fif hundreth and fourtye yeris I George Adam ane of the officiaris and borrowe serjandis of the burgh of Irwin at the command of honorable men Jhone Mur prowest Eobert Scot and Steyn Tran bailies the counseill and communite of the burgh forsaid past to the mercat croce of the sammyne at ten howris afoir none the tyme of the hicht of the mercat apon the fayr eyne of the assumptione of our ladye And thair opinlie proclamit thir our soverane lordis letteris of protectione mantenance and saufgard and maid strait inhibitioun be oppin proclamatioun till all and sindre our soverane lordis liegis and utheris quham it efferis that thai nor nane of thame presume infer hurt harm molest or injure the provest bailies counsell and communite of the burgh of Irwin all and sindre thar landis rentis possessiounis heretaige takkis steddingis malis rowmes custumes borrowe malys mylnis multuris houses biggingis myris mossis maner plaices stoir places grangeis pasturis lesuris woddis lowis fishingis cornis cattell orchartis yardis stankis dykis men tenentis servandis familiaris factouris procuratouris intromettouris and generalie all and sindre utheris thingis within contenit ony maner of waye in tyme cuming under the painis within contenit efter the form and tenour and effecte of thir our soverane lordis letteris in all punctis and this I did befor thir witnes honorable men James Montgumrye brothir germane till Hewe erle of Eglintoun Maister Thomas Scot James Digitized by Microsoft® 46 MUNIMENTS OF THE BUEGH OF IRVINE. Brown John Brown burges of Irwin Jhon Gottraye James Mur and Eychard Bauld burgessis of Eddinburgh with utheris divers and for witnessing herof I affixit my signet to thir presentis [On tag.] Protectio pro communitate Burgi de Irwin, etc. 26. Letters of Charge hy Mary Queen of Scots to the Burgh of Irvine, requiring the Fencihle Men to muster for service against troublers of the peace of the Realm. — 8th August 1543. Marie be the grace of God Quene of Scottis to our provest and baillies of our burgh of Irvin and to our lovittis Alexander Heittone messingeris oure schireffis in that part conjunctlie and severalie specialie constitut greting Forsamekle as our governour hes evir socht to bring our reallme to quietnes sen his cuming to the rewme of governing thairof and to that effect hes contractit peax with the King of Ingland contening the honorabill comprehentioun of the King of France all uthiris princes that ar freindis to us and thaireftir to stanche and sett doun the emotioun and insurrection apperand within our said realme hes condiscendit to all resonabill menis and wayis that mycht keipe the samin fra cummin within the self Nochttheles seand that divers greit men thairof can nocht be contentit of na rasonabill concord bot menis be convocatioun of oure liegis usurpe aganis oure and oure governouris auctorite in contraire thair aithis and handwrittis and sells and expres aganis the commoun weill of oure realme Oure will is heirfore and we charge you straitlie and commandis that incontinent thir our lettres sene ye pas to the mercat croce of our burgh of Irwin and thair be opin proclamatioun in our name and auctorite command and charge all and sindry our liegis fensabiU men to be in our burgh of Edinburgh at our said governour the xx day of August instant with xv dayis wittalis for doun setting of all truble within our realme and furthbering of our and our said governouris auctorite and for resisting of all personis that wald usurpe aganis the samin under the pane of tinsell of lyf landis and gudis and that ane of you our saidis officiaris Digitized by IVIicrosoft® BUEGH CHAETERS AND WRITS. 47 remane within our said schirefdom to denunce thame our rebellis and escheit thair gudis that cumis nocht to our said governour upoune this our charg With certificatioune to thame at and tha failze the eschetis of thame that bidis at hame salbe disponit to thame that service our said governour at this tyme as ye will ansuere to us thairopoun The quhilk to do we committ to you conjunctlie and severalie our full power be thir our letteres delivering thame to you dewlie execute and indorsat agane to the beirrer. Gevin under our signet at Edinburgh the viii day of August and of our regnne the first yeir. Per dominos consilii, etc. 27. Commission of Justiciary in favour of the Provost and Bailies oj Irvine, for suppression of the Pest. — 15th August 1546. Maeia Dei gratia Regina Scotorum omnibus probis hominibus suis ad quos presentes litere pervenerint salutem Sciatis quod cum avisamento et consensu charissimi consanguinei et tutoris Jacobi Aranie comitis domini Hammyltoun regni nostri protectoris et gubernatoris intelligentes quod burgus noster de Irwin cum contagiosa pestis infirmitate infectus est Et pro ejusdem repressione propositus et ballivi dicti nostri burgi suam fecerunt exactam dUigentiam et diversa ad hunc eflfectum acta fecerunt et statuta nichilominus nostri diversi ligei et dicti nostri burgi inhabitantes in hujusmodi oppositum seu contrarium puniunt unde infirmitas ipsa totam patriam apparenter inficiet nisi aspera ad hoc celerius provideatur punitio Quocirca cum avisamento et consensu prescriptis fecimus constituimus et ordinavimus ac facimus constituimus et ordinamus per presentes dUectos nostros prepositum et ballivos dicti nostri burgi de Irwin presentes et futures conjunctim et divisim nostros justiciarios in hac parte et ad infrascripta dumtaxat Dantes concedentes et committentes illis nostram plenam potestatem et mandatum speciale nostre justiciarie curias unam vel plures infra bondas et libertatem dicti nostri burgi affigendi statuendi inchoandi affirmandi et tenendi ac quociens opus fuerit easdem continuandi actorum statutorum et ordinanciarum per dictos prepositum et ballivos ab Digitized by Microsoft® i8 MUNIMENTS OF THE BURGH OF IRVINE. initio dicte egritudinis et infirmitatis in dicto burgo et simili modo affuturo tempore usque cessationem ejusdem pro ipsius repressione confectorum infractores seu violatores secundum quantitatem eorum demeritorum seu criminum capiendi apprehendendi puniendi Et si necessum fuerit ad mortem justificandi Exitus et bona esehaeta omnium personarum justifi- catarum sive punitarum pro dictis criminibus intromittendi levandi et hujusmodi ad pauperum infirmorum dicti nostri burgi sustentationem disponendi ad hunc etiam effectum clericum serjandum judicatorem et alios officiarios ac curie membra necessaria faciendi creandi deputandi ac quocies opus fuerit jurari causandi et generaliter omnia alia et singula faciendi et exercendi que noster justiciarius generalis facere potuit si personaliter presens fuisset Quare universis et singulis quorum interest vel interesse poterit precipimus et mandamus quatenus prefatis nostris justiciariis in hac parte suis officiariis et minis tris in omnibus et singulis premissa tangentibus prompte respondeant pareant et in- tendant Sub omni pena que competere poterit in hac parte Presentibus semper et usque repressionem et plenariam cessationem dicte pestis in prelibato oppido absque revocatione in suo robore duraturis Datum sub testimonio nostri magni sigilli apud Edinburgh decimo quinto die mensis Augusti anno Domini millesimo quingentesimo quadragesimo sexto et regni nostri quarto. Abstract. Commission of Justiciary by Mary Queen of Scots with consent of her dearest cousin and tutor James Earl of Arran, Lord Hamilton, protector and governor of her kingdom, whereby, understanding that her burgh of Irvine was infected with a contagious plague, and that the provost and bailies, for the repression thereof had done their exact diligence and made sundry acts and statutes to that effect, nevertheless, that divers lieges and inhabitants of the burgh put themselves in opposition thereto, whence the said pestilence would apparently infect the whole country unless a sharp punishment were provided, Therefore the Queen appoints her well beloved the provost and bailies of her burgh of Irvine, jointly and severally, her justiciars in that part ; giving them full power to hold courts of justiciary within the bounds and liberty of the said burgh, to take and punish the violators of the acts and ordinances made by the provost and bailies since Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 49 the beginning of the sickness and disease, and in like manner in time to come till the cessation of the same, for the repression thereof, and if need required to justify them to the death, to dispose of the fines and escheated goods of such persons for the support of poor sick persons of the said burgh, appoint clerks, serjeant, etc. The commission to endure till the cessation of the plague in the said town. Given under the Quarter seal at Edinburgh, 15th August 1546. 28. Letters of Charge against the Community of Irvine for payment of Composition for absence from the Army to convene on Roslyn Muir. — ^th October 1549. Marie be the grace of God Quene of Scottis to our lovittis messingeris our schireffis in that part conjunctlie and severalie specialie constitut greting Forsamekill as we with avise and consent of oure derrest cousingne and tutour James Erie of Arane lord Hammiltoun protectour and governour of our realme for the compositioune of the soume of saxscoir pundis money of our realme hes grantit and gevin licence to our lovittis the pro vest balzeis and haill communitie of oure burghe of Irwene to remane and byid at hame fra our oist and army devisit to convene on Eoslene Mure the xx day of October instant for resisting of our auld Inemiis of Ingland and recovering of the fortis of our realme being presentlie in thair handis And howbeit the provest and bailzies of our said burghe hes ellis maid pament to oure thesaurer in our name of ane parte of the said compositione and ar oblist to him for the rest nevertheles the inhabitantes and communitie thairof deferris to releif and mak thame pament of the said compositione ilkane for thair awne part conforme to the taxatione maid thairupon without thai be compellit Owre will is heirfoir and we charge you straitlie and commandis that incontinent thir our letteris sene ye pas and in our name and authorite command and charge all and sindrie the burgessis inhabitantes wedois als weill wemen as men and communitie of oure said burghe to releif and mak thankfuU pament to the saidis provest and balzeis of the foirsaid compositione ilkane for thair awne part conforme to the said taxatione within thre days nixt efter thai be chargeit be you thairto wnder the paine of rebellioune and putting of thame to our home And gif thai or ony of thame failzeis thairintill that ye denunce sa mony of thame as disobeyis our rebellis and put thame to VOL. I H Digitized by Microsoft® 50 MUNIMENTS OF THE BURGH OF IRVINE. our home and escheat and inbring all thair movabill gudes to cure use for thair contemption as ye will answer to us thairupon The quhilk to do we committ to you conjunctlie and severalie our full power be thir oure letteris delivering thame be you dewlie execut and indorsate agane to the berar Gevin under our signet and subscrivit be our said governour at Hammilton the nynt day of October and of oure regnne the sevint yeir. 29. Letters of Horning at the instance of the Magistrates and Community of Irvine, against Hew Earl of Eglinton and others. — 2\st September 1557. Makie be the grace of God Queue of Scottis to our lovittis messingeris our schireffis in that parte conjunctlie and severalie specialie constitute greting Forsamekill as it is humilie menit and schawin to us be our lovittis the provest baillies counsale and commonitie of our burgh of Irwin that quhair our said burgh is infeft with all fredomes and previliges siclike as ony uthir burgh and hes bene in use and possessioun thairof sen the first fundatioun quhill now laitlie that our rycht traist cousing Hew erle of Eglintoun baillie of Cunynghame be the avis and assistence of Johnne Mure of Caldwell Thomas Caldwell of that ilk Robert Montgomry in Auchinchangane James Montgomry sone to Mathow Montgomry of Bar and uthiris his evill avisit freindis upoun the day of last bypast come to our said burgh with ane grite cumpany of folkis and thair nocht allenerlie stoppit and maid impediment to the saidis complenaris in balding of thair fair and uptaking of thair custumes and dewiteis thairof bot alsuae crewellie invadit thame for thair slauchter and hurt and woundit divers of thame and dalie and continewalie sensyne thai ar boistit and manissit be our said cousing personis foirsaidis and uthiris thair complices becaus thai wald be our authoritie uphald and kepe the fredome of oure said burgh and ar invadit and socht for thair slauchter suae that thai may nocht do nor exerce thair lefuU besiness for feir of thair lyvis in hie contemptioun of us our authoritie and lawis gif suae be Our Digitized by IVIicrosoft® BUEGH CHAETERS AND WEITS. 51 Will is heirfoir and we charge you straitlie and commandis that incontinent thir our lettres sene ye pas in our name and authoritie tak sicker souirtie and lauborrois of the foirsaidis personis and thair complices sa mony as the saidis complenaris will mak faith thai drede bodelie harme of and gevis thair names to you in bill that thai thair kin freindis wyifEs bairnis and servandis salbe harmeles and skaithles of the foirsaidis personis and all that thai may latt in tyme cuming but fraude or gyle bot as law will That is to say our said cousing Hew erle of Eglintoun under the pane of ane thousand pundis the said Johnne Mure of Caldwell under the pane of ane thousand markis Thomas Caldwell and the uthiris twae speciale personis above writtin ilkane of thame under the pane of five hundreth markis and thair complices ilk gehtilman landit ane hundreth pundis ilk gentilman unlandit ane hundreth markis and ilk yeman fourty pundis And that ye charge thame personalie heirto gif thai can be apprehendit and failzeing thairof be oppin proclamatioun at the mercate croce of the held burgh of our schire quhair thai duell to cum and find the saidis souirtie and laubourrois within sax dayis nixt efter thai be chargit be you thairto under the pain of rebellioun and putting of thame to our home The quhilkis sax dayis being bypast and the saidis souirtie and lauborrois nocht being fundin to you in maner foirsaid that ye incontinent thairefter denunce the disobeyaris our rebellis and put thame to our home and eschete and inbring all thair movabill gudis to our use for thair contemptioun according to justice as ye will ansuer to us thairupoun The quhilk to do we committ to you conjunctlie and severalie our full power be thir our lettres delivering thame be you dewlie execute and indorsate agane to the berair Gevin under our signet at Edinburgh the xxj day of September and of oure regnne the fiftente yeir. Ex deliberatione dominorum consilii, etc. S. J. Nicolson. 30. Letters of Charge by Mathew Earl of Lennox to the Burgh of Irvine, to stent the Inhabitants for furnishing a seemly number of " hagbutters" for the Army. — 29«A September 1565. Mathow Erie of Levenax lorde Dernelie Luftennende generall in the west pairtis of Scotlande to our Soverane lorde and lady the kinge and queneis Majesteis to our lovittis the pro vest and bailleis of Irvyn and to our Digitized by Microsoft® 52 MUNIMENTS OF THE BURGH OF IRVINE. lovittis messingeris our schireffis in that pairt conjnnctlie and severalie speciallie constitut greting Forsamekle as we understanding that ane semelje number of hagbittaris is mair convenient to be rasit be the saidis burght of Irvin upone thair charge and expenssis and mair honorable to serve our saidis soveraneis and us thair luiftennend in that pairt in this thair majesteis armye laitlie devisit to assemble at Striviling nor is the confuse multitude of the haile eommunalitie Quhairfore we ar fyneit and aggreit witht the provest and bailleis of the saidis burght of Irvin for the numbir of twenty men bodyne as said is Quhilkis the saidis provest and bailleis of the saidis burght one nayne wayis may perfurneis without the inhabitantis of the saidis burght pay taxt and stent conforme to the saidis provest and bailleis ordinance to the effect foirsaidis Oure will is heirfore and we charge you straitlie and cummandis that incontinent this oure precept seyne ye pas in our soverane lord and ladyis nayme and myne thair Luftennend generall cummand and charge all and sindrie the inhabitantis of the saidis burght that thai and ilk ane of thame reddely ansuer and obey and als thankfuUie content and pay thair taxt and stent that thai happin to be taxt to conforme to the taxt roll to be set furth thairupone under the pane of tynsall of lyf land and gudis And this on nayne wayis ye luif undone as ye will ansuer to us thairupone The quhilk to do we committ to you conjunctlie and severalie our full power be thir our letteres delyvering the samyn be you dewlie execut and indorsat agane to the beirar Gevin under our signet and subscriptioun manuall at Glesgu the penult day of Septembar the yeir of God j" v° and Ixv yeiris etc. '^^ ^/-zA^^-^^^.^-^.--^ 31. Commission of Justiciary by King James the Sixth to the Provost and Bailies of Irvine. — 1569. James be the grace of God King of Scottis to all and sindry our liegis and subdittis quhome it efferis quhais knawlege thir our letteris sail tocum greting Wit ye us to have made constitute and ordanit and be thir our letteris with avise and consent of our derrest cousing James erll of Murray Digitized by IVIicrosoft® BURGH CHAETEES AND WRITS. 53 lord Abirnethie regent to us our realme and liegis makis constitutis and ordanis our weilbelovittis the provest and baillies of our burgh of Irwing our justices in that part to the effect underwrittin Gevand grantand and committand to thame our full fre and plane power generall and speciall command expres bidding and charge court or courtis of justiciarie within our burgh of Irwing als oft as neid beis to set begin affirms hald and continew and in the samyn court or courtis all and sindry personis committaris of slauchter murthour and suspectit and delaitit of pykerie commoun thift and resset of thift within our said burgh to put to the knawlege of ane assyis thairfoir and as thai be fundin culpabill or innocent to minister justice upoun thame conforme to the lawis of our realme And to that effect assyissis or inq .... best and worthiest personis dwelland within our said burgh and four half about to ... . cheis and caus be sworne ilk persoun under the pane of ten pundis Sectis to mak .... to amerciat trespassouris to puneis unlawis amerchiamentis and eschaetis of the saidis c . . . rais and for the same gif neid be to poind and distrenze the ane half thairof .... thesaurare and compt and rekining in our chekker to mak and the uther half of ... . justices awin use and commoditie to apply Deputtis ane or ma in the said of ... . mak with clerkis serjandis dempstar and all uther officiaris and memberis of cou .... eat substitute and caus be sworne For the quhilk thai salbe haldin to ansuer and g . . . . all and sindry uther thingis to do exerce and use that to the premissis of law practik or consuetud of this realme is necessarlie knawin to pertene fferme and stabill haldand and for to hald all and quhat[sume]vir thingis our saidis justices and ilk ane of thame conjunctlie and severalie in the premissis ... to be done. And als gevis grantis and committis full power and commissioun t . . . . baillies of our burgh of Air to tak the ayth of our saidis justices for dew and la ... . our commissioun as efferis quhilk during the will of us and our said dearest .... allanerlie indure Gevin under oure signet and subscrivit be our . . . .ng and regent at the day of and of our regnne the thrid . . . [Not subscribed : document much torn.] Digitized by IVIicrosoft® 54 MUNIMENTS OF THE BURGH OF IRVINE. 32. Letters of Charge to the Magistrates of Irvine for payment of the General Taxation. — lAth October 1570. James be the grace of God King of Scottis to the provest and baillies of our burgh of Irwin and our lovittis Johne Hairt messingeris our schirrefl&s in that pairt conjunctlie and severale specialie constitute greting Forsamekle as for furthsetting of certane effairis tending to the avancement of oure realme and quietnes of the commoun wele of oure realme thair is ane taxatioun of xij" ti devisit to be upliftit and payit be the estaitis thairof within certane space appointit thairto in maner following That is to say vj'" ti thairof be the sperituale estait providing that the thrid thairof be taikin up of the thridis of the beneifices sua that thai salbe onlie astrictit in pay- ment of the tua pairt thairof four thousand pundis to the barronis and frehalderis and the sowme of tua thousand poundis in compleit payment of the said hale taxatioun of xij™ tib be oure burrowis And foir inbringeing of oure burrowis pairte thairof thir oure lettres ar ordanit to be direct in maner following as ane act maid thairupoun beiris Oure Will is heirfoir and we charge you straitlie and commandis that incontinent thir our lettres sene ye pas in oure name and auctorite command and charge the provest and bailies of our burgh of Irwin to make payment of the taxt and extent thairof to John Cunyngham of Drumquassill appoyntit coUectour generall thairto within sex dayis nixt eftir thai be chargit be you thairto conforme to the taxt roll gevin to thame thairupoun undir the pane of rebellioun and putting of the saidis provest and bailzeis to our home And gif thai failze thairin the said day being bygane that ye incontinent thairefter denunce the dissobeyarris our rebellis and put thame to our home and escheit and inbring all thair movable guidis to our use for thair contemptioun And for releif that ye in our name and auctorite command and chairge the inhabitaris off oure said burgh of Irwin to convene and elect certane persones to stent thair nychtbouris and that ye chairge the persones electit to accept the chairge upoun thaim in setting off the said stent upoun the nychtbouris off our said burgh And als to convene and set the samin and mak ane stent roll thairupoun as effeiris within xxiiij houris nixt eftir thai be chargeit be you thairto undir the paine of rebellioun and putting of tham to our home and gif thai failze the saidis xxiiij houris being bypast that incontinent thaireftir denunce thame our rebellis and put Digitized by Microsoft® BUEGH CHARTERS AND WRITS. 55 thame to otir home and escheit and inbring all thair movable guidis to our use for thair contemptioun and siclyk the said stent being maid and set that ye in oure name and auctorite command and chairge the burgesses nychtbouris and inhabitantis of our said burgh to mak payment to the saidis provest and bailzeis of the said extent conforme to the taxt roll within thre dayes nixt eftir thai be chairgit be you thairto undir the paine of rebellioun and putting of thame to our horn And gif thai failze thairin the saidis thre dayes being bypast that ye incontinent thaireftir denunce the dissobeyaris our rebellis and put thame to our home and escheit and inbring all thair movabill guidis to our use for thair contemptioun and gif neid be that ye pund and distrenze thairfoir as ye will ansuer to us thairupoun The quhilk to do we commit to you conjunctle and severalie our full power be thir our lettres delivering thame be you dewle execuit and indorsat againe to the beirar Gevin undir our signet at Edinburgh the xiiij day of October and of our regnne the ferd yeir 1570. Per actum secreti consilii, etc. The soume of the taxatioune to be payit be the provest and baillies of Irwing extendis to xxvij Ji as is contenit in the taxt roll gevin furth thair- upoun Johne Hairt messinger w* my hand. \_0n the back.] Ihesus At Irwin the xvii day of November anno 1570 I Jhone Hert messinger within writtin hes rasavit fra the ha,ndis of the provest and balzeis of Irwin and commonitie thairof the sowm off twentie sevin pundis money of this realme as haill and compleit payment off the said commoniteis part off the taxatioun and obedience off ther our soveren lordis lettres within writtin and in all poyntes grantes the part off the saidis provest balzeis and commonitie fulfiUit and obeyit quharfor I exoner thaim of the sam and oblegis me to sen to the said commonitie the acquittance of Jhon Conyngham of Drumfassill coUectour of the said taxatioun be ther presentes subscribit with my hand befoir ther witnes Thomas Broun Stene Tran Hew Digitized by IVIicrosoft® 56 MUNIMENTS OF THE BURGH OF IRVINE. Campbell James Mur James Broun and Gilbert Dunlope burgessis of Irvin And flPoulowes the effect of my commission The taxt roll of the burrowis committit to be imbrocht be Jhon Hert messinger Striviling L tib x s Linlythqow xxx tib vj s viij d Eothissay xiij fib x § Dumbartan xvij tib xv s Renfrow xx tib v s Eutherglen xiij tib x s Aire xlvij tib v s Irwin xxvij tib Glasgow xl tib x s Lanerk xvj tib xv s Summa of the taxatioun abone writtin ij'' iij'''' xviij tib vj s viij d. Jhon Conynghem off Drumquhessill. JoHNE Hairt messinger w' my hand. 33. Instrument on the Proclamation of the King's Protection and other Grants in favour of the Burgh of Irvine. — 12th April 1572. At Irwin the twelft day of Aprile the yeir of God j"" v*" threscoire twelf yeiris In presens of us notaris publicque and witness underwrytin AUane Ross ane of the serjandis and officiaris of the burgh of Irwin past at command of Hew Campell provest Hew Scott and Robert Kyle baillies be advyce o[f the couns]all and communetie of the said burgh and be pub- lict proclamation proclemit our soverand lordis lettres [of pr]otection manteinence defence and saifgaird under his grace prive seill inclusid in •eid wax bering the dait at Sterling the last day of Februar and of his grace rigne the fyft yeir makand mentioun that our said souveraine lord had and hes resavit the provest baillies con sail and communite of the said burgh thair landis heritage roumes rentis liberties privilegies servandis procuratouris familiaris guidis movable and immovable in his grace manteinance saifgaird and protectioun Certefying the contravenaris that cummis in the contrair to incure our said soverainis displesour and under the panis of foirfalting as the said lettres beris in the self at mair lenth Alsua at command foirsaid proclamit and causit reid our soveraine lordis guid- scharis confermatioun under the querter seill bering the dait at Edinburo-h the saxt day of Julii the yeir of God j" v" xl yeiris descharging the schiref of Air baillie of Cunyghame thair deputtis and successouris fra all troubling arristing fensing or persewing of the burgessis and inhabitantes of the said burgh befoir tham for ony causs and fra passing upon inquestis or assaysis and als at command foirsaid presentit and proclamit at the said mercat cross our severing lordis g[rand]schir chertour King James the Feird of r Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 57 guid memorie off the datt at Edinburgh the aucht day of August the yeir of God j" v'^ and elevin yeiris that all the burgessis and inhabitantis of the said burgh and libertie thairof sal be replaigit to the libertie of the said burgh and underlye justice be the assyse of the nychtbouris of thair awin burgh descharging all justices and juges within the realme to cum in the contrair as the said chartour in the self beris And also causid reid and proclame tua actis of adjournall under the subscriptioun of Johnn Bellenden justice clerk the ane bering the datt at Air the yeir of God j™ v" twentie nyn yeiris and the uther the datt at Air the yeir of God j" v" fyftie ane yeris the seventein day of Februar quhair the prowest baillies and communitie of the said burgh and libertie thairof ar replaigit fra the kingis grace progenitouris and predicessouris in justice airis to the fredome of thair awin burgh Quhilkis lettres and privileges foirsaidis the saidis provest and baillies be the consent of thair counsall and communitie causit proclame and intimatioun maik And now specialie that Hew erle of Eglintoun Lord Montgomerie baillie of Cunyghame his assistaris and partakeris incure na danger of ignorance of the saidis protectioun privilegis and liberties foirsaid And heirupon the said Hew Campbell upon us notaris publick tuik instrumentis at the said mercat cross at sevin houris befoir none or thairby befoir thir witness Jehone Boll Ballachkewin Jehone Boll his sone thair Thomas Broun Stevin Tran Stevin Quhyt William Patoun Jehon Symontoun youngar William Mur Robert Montgomerie William Cunyghame Robert Cunyghame burgessis of the said burgh and us Jehon Mur George Boid and James Broun notairis publikis and burgessis of the said burgh with mony utheris diverss requerit thairto. Jacobus Broun notarius publicus ad premissa testificanda requisitus approbo prescripta. Jacobus Begun. Ita est Georgius Boyd notarius publicus ad premissa rogatus et requisitus manu propria subscribo. 34. Extract Act of Privy Council regarding the Jurisdiction of the Magistrates of Irvine and the Bailie of Cuninghame, and ordering the trial of Thomas Gilmour for slaughter. — I8th June 1572. At Leith the auchtene day of Junii the yeir of God j™ v'' and Ixxij yeiris The quhilk day forsamekle as the lordis of counsale of befoir continewit the actioune and cans contenit in our soverane lordis lettres purchest VOL. I I Digitized by IVIicrosoft® 58 MUNIMENTS OF THE BURGH OF IRVINE. be the provest baillies and communitie of the burgh of Irwin aganis Hew erle of Eglintoune baillie of Cunynghame tueching the productioune befoir the saidis lordis of his richtis gif he ony hes quhairby he allegis him to haif privelege to sit upoune certane person is indwellaris of the said burgh takin for thift or ony utheris inhabitantis of the samin and refusis thame to be replegit be the saidis provest and baillies to the fredome of the said burgh and Courtis thairof Like as at mair lenth is contenit in the saidis lettres unto ane certane day bigane with continuatioune of dayis And assignit the samin day to bayth the saidis partiis to produce all thair charteris infeftmentis titillis actis of replegiatioune richtis and utheris writtis quhatsumever quhilkis ather of the saidis par[tiis] hed or wald use in the said mater without prejudice of ather of thair defenssis ellis proponit or to be proponit thairin and als [in the] meynetyme dischargeit the said baillie and his deputis of all proceding aganis ony of the inhabitantis of the said bu[rgh] and fredome thairof and of thair offices in that part And siclike dischargeit the saidis provest and baillies of all executioune [aganis] personis within the samin burgh and fredome thairof in the meynetyme quhill the samin day Providing that it salbe lesum to tha[me to] tak apprehend keip in presoune and captivitie all sic personis dwelland within the said burgh and fredome thairof as [sail] happin committ ony crymes in the meyne- tyme Like as at mair lenth is contenit in ane act maid be the saidis Sen the making of the quhilk act Thomas Gilmur indwellar in the said burgh of Irwin is takin and in the handis of the [saidis] provest and baillies for the cruell slauchter of umquhile Eobert Howie thair and thairfoir the saidis lordis willing that nochtwithstanding the dependence of the said pley befoir thame as said is justice sail not ceis to be execute upoune the said Thomas Gilmur for the said slauchter conforme to the lawis of this realme without preiudice of the said pley dependand act foirsaid and of ather of the saidis partiis richtis and titillis quhatsumevir or possessioune or replegiatioune usit or to be usit hes thocht necessar and expedient that my lord Regentis grace grant and geve our soverane lordis commissioune of justiciarie in dew forme makand constituand and ordinand Johnne Crawfurd of Crawfurdland his hienes justice in that part to the effect under writtin Gevand grantand and committand to him full power speciall mandment expres bidding and charge Court or courtis of justiciarie within the tolbuith of Irwin to set begin affirme hald and continew als oft as neid beis Sectis to mak be callit absentis to amerciat And in the samin Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 59 court or courtis the said Thomas Gilmur for art and part of the cruell slauchter of the said umquhile Eobert to call and be dittay to accus and as he beis fundin culpable or innocent of the said slauchter to minister and caus be ministrat justice upoune him conforme to the lawis of this realme ane assis to sufficient nowmer of the said burgh and foure halffis about lest suspect and that best knawis the veritie in the said mater ilkane under the pane of fourtie pundis to summond cheis and caus be sworne clerkis serjandis dempstaris and [other] officiaris and memberis of the saidis courtis neidfuU to mak creat substitute and ordane for the quhilkis he salbe [haldin] to ansuer and the said commissioune to be forder extendit in dew forme with all claussis neidfuU contenand and expreslie without prejudice of the said pley dependand and act foirsaid and of ather of the saidis partiis utheris [richtis] or possessioune quhatsumevir Quhilk the saidis lordis ordanis alsua to be registrat in the buikis of counsale ad [perpetuam] rei memoriam Extractum de libro actorum per me magistrum Jacobum M'Gill de Rankelour Nether clericum registri ac consilii Supremi domini nostri Eegis sub meis signo et subscriptione manualibus. Jacobus Makgill. 35. Letters of Protection by Archibald Earl of Argyll to the Burgh of Irvine. — July 1572. Till all and sindrie quhome to it efferis to quhais knawlege thir present lettres of protectioun sail cum Archibald erle of Argile lord Campbell and Lome and Justice generall of Scotland greting in God everlasting Wittis youre universiteis that forsamekle as oure umquhill predecessouris of guyd memorie in thair tymes past memor of man hes tane and ressavit the provest baillzeis and communitie of the burgh of Irwin (under oure soverane lordis majesteis predecessouris of maist noble memorie) in thair protectioun mantenance and salfe gard with the mantenance of the libertie and fredome of the said burgh and the inhabitantis thairof in all thare travellis suitis and besenes lauchfull And siclyck that the said provest baillzeis and communitie of the said burgh for the tyme hes cum under the protectione mantenance and salfegarde of oure said umquhill predecessouris for the tyme Lyck as now the provest baillzeis and communitie thairof present hes cum under oure awin protectione mantenance and salfegarde and subjectit thame and thare forisaidis to oure service befoir all utheris under oure soverane lordis majestic according to the auld leage mayd Digitized by IVIicrosoft® 60 MUNIMENTS OF THE BUEGH OF IRVINE. betwix oure sayd umquliill predecessouris and the said burghe of befoir Tharefore we be the tennour heirof tackis and ressavis thame and thair successouris provestis baillzeis and communitie of the said burgh in oure protectioun mantenance and salfegard wyth the mantenance and defence of the fredome and libertie of the said burghe and inhabitantis thairof (under oure said soverane lord and his graces successouris) in all thair travellis suyttis and besenes lauchfuU during oure lyfetymes swa that quhatsumever persone or persones of quhatsumevery stait of hie or law degre wythin this realme (under oure said soverane lordis majestic) sail attempt to tribull molest harme or injure the foirsadis pro vest baillzeis and communitie of the said burgh or thair successouris thair fredomes liberteis landis rentis previlegis rowmes and possessiones be ony maner of way (by ordoure of law) we sail esteme and rekin the samyn as done aganis oure awin persone and sail assist and fortifie oure said servitouris for persuyt thairof wythe all rigoure in respect of the foirsaid auld and ancient leage and the present renewing of the samyn In witnes of the quhilk thing to thir present lettres subscrivit wyth oure hand and be the said provest baillzeis and court clerk of the said burgh for the tyme for the said commonitie thairof oure proper scale of armes and the commoun scale of the said burgh is to hung at the said burgh the day of Julii the yeir of God j'" v'^ threscoir and twelfe yeris befoir thir witnessis ^^ irz^<>l^^p^l\JjT/\yL > ■u i ^ r r^' Robert Kyill bailze Jacobus Broun scriba communis dicti burgi de Irwin ex parte communitatis ejusdem secundum tenorem acti secreti consilii prefati burgi. Jacobus Begun, Scriba. [Seal of the granter — much effaced.] Digitized by Microsoft® BUEGH CHARTERS AND WRITS. 61 36. Commission of Justiciary in favour of the Magistrates of Irvine. 20th March 1572-3. Jacobus Dei gratia Rex Scotorum Omnibus probis hominibus suis ad quos presentes litere pervenerint salutem Sciatis quod cum avisamento et consensu charissimi consanguinei Jacobi comitis de Mortoun domini Dalkeith etc. nostri ac regni et liegiorum nostrorum regentis fecimus constituimus et ordinavimus ac tenore presentium facimus constituimus et ordinamus predilectos nostros prepositum et ballivos burgi nostri de Irwin et eorum quemlibet conjunctim et divisim nostros justiciaries in hac parte ad affectum subscriptum Dantes concedentes et committentes eisdem et eorum cuilibet conjunctim et divisim nostram plenam potestatem et mandatum speciale curiam vel curias nostre justiciarie infra pretorium dicti nostri burgi de Irwin toties quoties opus fuerit statuendi inchoandi affirmandi tenendi et continuandi Et in eisdem curia seu curiis omnes et singulas personas de surrep- tione lie pykrie furto furti receptione suspectas et delatas infra dictum nostrum burgum commorantes assise cognitioni inde ponendi Et prout eedem ree seu innocentes adjudicabuntur justiciam super ipsos legibus et regni nostri consuetudini conformiter ministrandi et ministrare causandi Et ad hunc effectum assisas seu inquisitiones personarum meliorum et digniorum infra dictum nostrum burgum et quatuor dimedietates circa jacentes com- morantium quamlibet personam sub pena decim librarum summoniendi citandi elegendi et jurari causandi sectas vocari faciendi absentes amerciandi transgressores et delinquentes puniendi exitus amerciamenta et escaetas dictarum curiarum petendi levandi et exigendi et pro eisdem si necesse fuerit namandi et distringendi unam dimedietatem earundem nobis et computum et ratiocinium ejusdem in scaccario nostro et alteram dimedieta- tem dictorum justiciariorum nostrorum proprio usui et commoditati pro ipsorum laboribus applicandi deputatos unum seu plures sub ipsis in prefato officio cum clericis seriandis adjudicatoribus et omnibus aliis officiariis et curie membris necessariis pro quibus respondere tenebuntur faciendi creandi substituendi et ordinandi Et generaliter omnia alia et singula faciendi dicendi gerendi et exercendi que in premissis et circa ea necessaria fuerint seu etiam quomodolibet oportuna Quare universis et singulis quorum interest vel interesse poterit stricte precipimus et mandamus quatenus dictis nostris justiciariis in hac parte suis deputatis et ministris in omnibus et singulis premissa tangentibus prompte pareant respondeant et intendant Digitized by IVIicrosoft® 62 MUNIMENTS OF THE BURGH OF IRVINE. sub omni pena que competere poterit in hac parte Presentibus pro nostra et dicti nostri regentis voluntate in suo robore tantummodo duraturis Datum sub testimonio nostri magni sigilli apud Edinburgh vicesimo die mensis Marcii anno Domini millesimo quingentesimo septuagesimo secundo et regni nostri sexto. Per signaturam manu dicti domini Eegentis subscriptam. Abstract, Commission of Justiciary by King James the Sixth, with advice and consent of James Earl of Mortoun Lord Dalkeith, etc., regent, appointing the provost and bailies of his burgh of Irvine, and each of them, jointly and severally, his justiciars in that part ; giving them power and special mandate to hold courts of justiciary within the tolbooth of the burgh, as often as need should be, and to put to the knowledge of an assize all persons suspected and delated of "pykrie," theft and reset of theft, dwelling within the burgh, and to administer justice upon them as they should be found guilty or innocent, according to the laws and customs of the kingdom ; and for this purpose to cite, choose, and cause be sworn inquests of the better and worthier persons dwelling within the said burgh and four halves lying about, each person under the penalty of £10, etc., half of the issues and escheats to go to the King and his account in Exchequer, and the other half to the justiciars' own use and behoof, etc. Given under the quarter seal at Edinburgh 20th March 1572. 37. Contract of Sale between the Town of Irvine and John Wallace of Dundonald and others, of the lands of Marres. — Zd August 1572 : registered hy Decreet of the Lords of Council 13th August 1590. At Edinburgh the xiij day of August the yeir of God j" v'^ Ixxx ten yeiris The Lordis of Counsale underwrittin that is to say Mr. Williame BaiUie Lord Provand president Adame bischop of Orknay Alexander commendater of Culros Sir Patrick Vans of Barnebarroch knycht Mr. Jhone Lyndesay persone of Menmuir Mr. Jhone Grahame persone of Killerne Mr. David Chalmer chancellar of Eos Williame Douglas of Quhittinghame Mr. AVilliame Melvile commendater of Tungland Alexander Hay of Eister Kennet dark register Mr. David M'Gill of Cranstoun Riddell advocat to our Soverane Digitized by IVIicrosoft® BURGH CHAETERS AND WRITS. 63 Lord and Mr. Thomas Bannatyne of Newtyle Anent oure Soverane Lordis lettres purchest at the instance of the Provest baillies counsale and communitie of the burgh of Irving aganis Jhone Wallace of Dundonald Makand mentioun That quhair be verteu of ane Contract and Appointment maid betuix thame on the ane pairt and Jhonne Wallace of Dundonald umquhile Eduard Wallace of Sewaltoun and umquhile Eobert Wallace his sone and appeirand air on the uthir pairt flfor certane soumes of money ressavit be thame fra the saidis persewaris they sauld annaleit and disponit fra thame thair airis and assignayes to the saidis persewaris and thair successouris of the said burch heretablie for evir ane sufficient rowme and quantitie of grund and land of thair landis of Marres extending to the quantitie of tuelff fallis of bread fFor lowsing and laidnyng of thair schippis boittis and merchandice off quhatsumevir uther that salhappin to resort towardis the said Burcht upoun the foirsaidis landis of Marres on ather syde of the Watter of Irving with ane sufficient gait and passage throwch the foirsaidis landis ffor frie ische and intres to and fra the said Watter togidder with ankirage and ankirheid upoun the saidis landis as at mair length is contenit in the said Contract Quhilk Contract bearis speciallie to be actit and registrat in the Buikis of Counsale that the Lordis thairof may interpone thair Decreit thairunto to the effect that Lettres and Executoriallis may be direct thairupoun in maner contenit thairintill And albeit it be of veritie that the foirsaidis persones contractouris on nawys will fulfill the said Contract in thair lyfetymes and the said Eobert and Eduard Wallaces being deceissit nevirtheless the said Jhone Wallace of Dundonald on nawys will fulfill the said Contract nor yit will compeir befor the saidis Lordis of Counsale and consent to the registering thairof in maner contenit thairintill to the effect that Executorial may be direct upoun him for fulfilling of the samyn without he be compellit And anent the chairge gevin to the said Jhone Wallace of Dundonald to have comperit befor the saidis Lordis of Counsale at ane certane day bigane to have hard and sene the said Contract and Appoyntment decernit to be insert and registrat in the Buikis of Counsale and Lettres and Executorialhs to be direct thairupoun in maner underwrittin or ellis to have allegit ane ressonable cans quhy the samyn sould nocht have bene done as at mair lenth is contenit in the saidis Lettres The saidis Provest baillies counsale and communitie of the Burch of Irving compeirand be Maisteris Oliver Colt and Thomas Gray thair procuratouris and the said Jhone Wallace of Dundonald being lawfuUie summond to this Digitized tiy Microsoft® 64 MUNIMENTS OF THE BURGH OF IRVINE. Actioun oftymes callit and nocht comperit the Lordis of Counsale decernis and ordanes the said Contract and Appoyntment to be insert and registrat in the saidis Buikis of Counsale to have the strength of ane Act and Decreit of the Lordis thairof and decernis and ordanes Lettres and Executoriallis to be direct thairupoun ffor fulfilling thairof in all poyntis in maner specifiet thairintill off the quhilk the tennour foUowis : At the Burch of Irving the thrid day of August the yeir of God j" v"^ thriescoir tuelff yeiris, It is appointit contractit and finallie aggreit betuix honourable pairteis following thay ar to say Jhone Wallace of Dundonald Eduard Wallace of Sewaltoun and Eobert Wallace his sone and air appeirand on the ane pairt Hew Campbell proveist of Irving Hew Scott and Eobert Kyle baillies thairof Thomas Broun Stevin Tran Jhone Peblis Stevin Quhyt Hew Tran Hew Neving Alexander Cunynghame Jhone Harvie Thomas Harvie Williame Tran Williame Stevinstoun Williame Patoun comburgessis of the samyn burch for thameselffis and with consent and assent of the hail communitie thairof on the uther pairt in maner following That is to say the said Jhone Wallace of Dundonald Eduard Wallace of Sewaltoun and Eobert Wallace his sone grantis thame to have taine and actuallie ressavit fra the handis of the saidis Proveist and baillies and remanent persones abonewrittin ffor thameselffis and the haill communitie of the said Burch the soume of twa hundereth merkis money in numerat money gude and usuale of this realme and in thair use haillelie committit of the quhilk they grant thame weill content and compleitlie payit and thairof for thame thair airis executouris assignayes and successouris quitclames exoneris and dischairges the saidis Provest and baillies and communitie of the said Burch thair airis executouris assignayes and successotiris for now and evir. For the quhilk caus abone exprimit the said Jhone Wallace of Dundonald Eduard Wallace of Sewaltoun and Eobert Wallace his sone and air appeirand grantis thame to have sauld analeit and disponit lykas they be the tennour heirof sellis annaleis and disponis ffra thame and thair foirsaidis titulo oneroso ffor soumes of money in and to the saidis Provest baillies and communitie of the said Burch and thair successouris thairof heretablie for evir ane sufficient quantitie and rowme of grund of thair landis of Marres extending to the quantitie of tuelff fallis bread for lowssing and laiding of thair schippis barkis and boittis with thair merchandice and the merchandice of quhatsumevir utheris that salhappin to resort towardis the said Burch upoun the foirsaidis landis of Marres on ather syd of the Watter of Irving with ane sufficient gait and Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 65 passage throwth the foirsaidis landis ffor frie ische and intres to and fra the said Watter togidder with ankirage and ankirhald upoun the saidis landis Provyding the samyn be nocht to the distructioun of the coirnes that salhappin to be growane upoun the saidis landis and sufficient Eowme alwayes of grund being left as said is unmanureit thairto with fredome and libertie to the saidis Provest baillies counsale and communitie of the said Burgh present for the tyme and thair successouris for ewir to dame and mak forcies of darning owirthort the said Watter of Irving quhair and in quhat place and sa oft as the saidis Provest baillies and communitie foirsaid and thair successouris sail think best and maist expedient for the commoun Weill and commoditie of the said Burch Provyding always that thay may cans the said Watter of Irving thairby to ryn and half the cours the best way as thai sail think expedient for the commoditie of the said Burgh schippis barkis and boittis thairof and utheris resortand thairunto swa that the samyn on nawayes hurt nor damnage na arable land of the foirsaidis landis of Marres ffarther nor privilegis abonewrittin And gif it salhappin the foirsaidis Jhone Wallace of Dundonald Eduard Wallace of Sewaltoun and the said Eobert his sone thair airis and successouris to sell annalie dispone and away put or sett in lang or schort takkis or ony pairt thairof in ony tyme heirefter they sail reserve and accept thairintill the boundis liberteis and privilegis abone exprimit to the saidis Provest baillies and communitie of the said Burch and thair successouris for evir to be usit be thame as thair awin propper heretage And attour gif this present Contract be not sufficient that thairby the saidis Provest baillies and communitie and thair successouris may bruik and joys the Kowmes and privilegis abonewrittin grantit to thame be vertew thairof salbe renewit alterit and changeit and maid owir agane in the maist sure and ample forme can be devysit be men of law and judgment sa oft and how oft the said communitie and thair successouris sail think expedient upoun thair awin expensis ay and quhill the saidis Provest bailHes and communitie and thair successouris be sure to bruik and joys the boundis liberteis and privilegis foirsaidis heretablie in the maist sure forme can be devysit keipand the effect and substance abone- writtin And for observation heirof ather of the saidis pairteis ar content this present Contract be registrat and insert in the Buikis of Counsale and that the Lordis thairof interpone thair Decreit thairunto and Lettres in forme as effeiris to be direct thairupoun And for registring heirof they half maid constitut and ordanit honourable men and ilk ane of thame conjunctlie VOL. I ^ Digitized by IVIicrosoft® 66 MUNIMENTS OF THE BUEGH OF IRVINE. and severallie thair verray lauchfuU and irrevocable procuratouris committand to thame thair full power for registratting heirof in thair names fferme and stable In witnes of the quhilk thing they and ilk ane of thame as folio wis hes subscryvit this present Appointment day yeir and place foirsaidis befor thir witnes Sic subscribitur Jhone Wallace of Dundonald Eduard Wallace of Sewaltoun Robert Wallace younger of Sewaltoun Hew Campbell Pro vest Hew Scott bailze Eobert Kyle bailze Jhone Peblis Stevin Tran Hew Tran Alexander Cunynghame Thomas Broun James Robesoun Becaus the said Jhone Wallace of Dundonald wes laufuUie summond to have comperit befor the saidis Lordis at ane certane day bigane to have hard and sene the foirsaid Contract and Appointment decernit to have bene insert and registrat in the Buikis of Counsale or ellis to have allegit ane ressonable caus quhy the samyn sould nocht have bene done with certificatioun to him and he failzeit thairin the saidis Lordis wald decerne in maner foirsaid And he being lauchfuUie summond to that effect compeirit nocht to schaw ony ressonable caus in the contrair lyk as wes cleirlie understand to the saidis Lordis and thairfoir thai decernit in maner foirsaid and ordanes Lettres to be direct heirupoun gif neid beis in forme as effeiris Extractum de libro Actorum per me Alexandrum Hay de Eister Kennet clericum Eotulorum Eegistri ac Consilii Supremi Domini Nostri Eegis sub meis signo et subscriptione manualibus. Alexander Hay. 23 Merch 1677. [_Dorso.] Hew Killpatrick took Instruments. 31 Merch 1698. James Nisbet Baillie took Instruments upon the interruption made by Mr. Alexander Cunynghame Provest and him to James Guthrey tennent to Shewaltoun quhen plewing on the Sunnybuttbrae upon the tounes libertie and that in the hands of me notary publict clerk of Irving Eobert Wallace late Baillie and uncle to Shewaltoun George Monro Clerk of Cunynghame John Marschell wrytter in Irving Andrew Spark merchant there Allan Francis my servant James Mure and Hugh Buckle Borrow officers and many others Jo Hamilton Notar Publict. Digitized by Microsoft® BURGH CHARTERS AND WRITS. 67 38. Commission of Justiciary to the Provost and Bailies of Irvine to punish Thomas Snodgirsfor the murder of his wife. — \st March 1573-4. Jacobus Dei gratia Rex Scotorum omnibus probis hominibus suis ad quos presentes litere pervenerint salutem. Sciatis quod cum avisamento et consensu charissimi nostri consanguinei Jacobi comitis de Mortoun domini de Dalkeith etc. nostri ac regni et liegiorum nostrorum regentis fecimus constituimus et ordinavimus ac tenore presentium facimus constituimus et ordinamus predilectos nostros prepositum et ballivos burgi nostri de Irwin conjunctim et divisim nostros justiciaries in hac parte dantes concedentes et committentes eisdem nostram plenam potestatem et mandatum speciale Thomam Snodgirs burgensem dicti nostri burgi deprehensum et in pretorio dicti nostri burgi pro crudeli murtburo et interfectione quondam Semple ejus sponse detentum per eum noviter vigesimo primo die mensis Februarii ultimo elapsi sub noctis scilentio commisso justificandi et justificari faciendi Et ad bunc effectum justiciarie nostre curias unam vel plures statuendi inchoandi affirmandi tenendi et quoties opus fuerit continuandi clericum serjandum adjudicatorem ac omnes alios officiarios et curie membra necessaria faciendi creandi et jurari causandi assisam seu assisas ad hoc quamlibet personam sub pena quadraginta librarum summoniendi et summoniri faciendi Et generaliter omnia alia et singula faciendi dicendi gerendi et exercendi que in premissis et circa ea necessaria fuerint seu quomodolibet oportuna Quare universis et singulis quorum interest vel interesse poterit stricte precipimus et mandamus quatenus dictis preposito et baUivis conjunctim et divisim nostris justiciariis in hac parte antedictis suis officiariis et ministris in omnibus et singulis premissa tangentibus prompte pareant respondeant et intendant sub omni pena que competere poterit in hac parte Datum sub testimonio .nostri magni sigilli apud Halyrudehous primo die mensis Marcii anno Domini millesimo quingen- tesimo septuagesimo tertio Et regni nostri septimo. Per signaturam manu dicti domini Regentis subscriptam. Abstract. Commission of Justiciary by King James the Sixth with advice and consent of James Earl of Mortoun, Lord of Dalkeith, Regent, by which he Digitized by Microsoft® 68 MUNIMENTS OF THE BUEGH OF IRVINE. appoints the provost and bailies of the burgh of Irvine his justiciars in that part jointly and severally; giving them power to "justify" and cause to " be justified " Thomas Snodgirs of the said burgh, apprehended and detained in the tolbooth thereof, for the cruel murther and slaughter of the deceased Semple his spouse, lately committed by him under the silence of night on the 21st of February last ; and to that effect to appoint courts of Justiciary, etc. Given under the quarter seal at Halyrudehous, 1st March 1573. 39. Grant by King James the Sixth to the Burgh of Irvine of the Customs of the Burgh for five years, for repair of the Harbour. — loth August 1579. James be the grace of God King of Scottis to our comptroUar present and to cum his deputtis and officiaris and all utheris our liegis and subdittis quhome it eflferis quhais knawlege this oure lettres salcum greting Wit ye us and lordis of oure secreit counsall understanding perfytelie that the heavin and port of oure burgh of Irving being decayit and brokin doun the provest baillies and communitie of the same hes not onlie spendit and bestowit thair haill commoun gude for beiting and reparing thairof, bot hes alswa raisit syndrie greit taxationis and contributionis amangis thame- selffis for help and support of the same And seing the same is not abill to serve the turn, we have gevin grantit and disponit and be thir our letres gevis grantis and disponis to the saidis provest baillies and communitie of oure said burgh all and haill the custumes of oure said burgh extending yeirlie to the soume of twenty nyne markis for all the space yeiris and termes of fyve yeiris eftir the dait of thir oure lettres to the efiect abone writtin with power to thame peaceablie to intromet thairwith uptak and dispone upoun the same for beiting and reparing of the said heavin and port during the space abonewrittin at thair plesoure Dischargeing you oure comptroUar present and to cum youre deputtis and officiaris off all craving ressaving uptaking and intrometting with the saidis custumes of oure said burgh of Irwing during the said space of fyve yeiris bot to suffer and permit the saidis provest baillies counsall and communitie thairof to in- tromet thairwith and dispone upon the same at thair plesour Gevin under oure privie seall at oure castell of Striveling the fyvetane day of August Digitized by IVIicrosoft® BURGH CHAETERS AND WRITS. 69 the yeir of God j" v" threscoir nynetene yeiris and of oure regnne the threttene yeir. Per signaturam manibus supremi domini nostri regis ac dominorum sui secret! consilii subscriptam. V252^^^^*^ [On tag."] Litera Preposito ballivis consulibus et communitati burgi de Irwin. 40. Commission of Justiciary to the Magistrates of Irvine, for the trial of William Portar for the slaughter of Andrew Dickie. — 19th November 1579. James be the grace of God King of Scottis to all and sindrie our liegis and subditis quhome it eflfeiris to quhais knawlege thir our lettres salcum greting Forsameikle as it is understand to us and the lordis of our secreit counsale that Williame Portar indwellar within our burght of Irvin upoun the xxv day of October last bipast cruellie slew umquhile Andro Dikie in Paistoun Eftir the quhilk slauchter he wes takin reidhand and presentlie is in handis within our tolbuith of Irvin Quhairfoir we have gevin and grantit and be thir our lettres gevis grantis and committis our full power and commissioun Digitized by IVIicrosoft® MUNIMENTS OF THE BURGH OF IRVINE. to the provest and baillies of our said burght of Irvin to do justice upoun the said Williame for the said slauchter And to that effect we mak and constitutis thame conjunctlie and severalie our justices in that part Gevand grantand and committand to thame our full power and commissioun court or Courtis of justiciarie als oft as neid beis within our tolbuith of our said burght to set begin affix hald and continew Sectis to mak be callit absentis to amerchiat trespassouris to puneis Assyissis ane or ma within our said burght and four half about leist suspect and that best knawis the veritie in the said mater to sufficient nowmer to summound warne cheis and cans be sworne ilk persoun not compeirand under the pane of ten pundis Clerkis serjandis dempstaris and all utheris officiaris and memberis of court neidfull to mak creat substitute and ordane for the quhilkis they salbe haldin to ansuer And generalie all and sindrie uther thingis to do exerce and use that to the premissis is necessarle requirit to be done Ferme and stabill haldand and for to hald all and quhatsumevir thingis our saidis commissioneris conjunctlie and severalie lauchfuUie leidis to be done Commanding and charging you all and sindrie our liegis and subdittis foirsaid to concur and assist our saidis commissioneris and justices in the executioun of this our commissioun and do nor attempt na thing to thair hinderance as ye and ilkane of you will ansuer to us upon your obeydience at your uttermest charge and perrell Gevin under our signet and subscrivit with our hand at Haliruidhous the xix day of November and of our regnne the threttene yeir 1579. A ^^O [Montroiss] [Bwchane] Digitized by IVIicrosoft® BUEGH CHAETEES AND WEITS. 71 41. Act of Privy Council ratifying and approving Act of Convention of Burghs at Glasgow concerning the Taxation of the Burgh of Irvine. — 1 579-80. Anent the supplicatioun presentit to the Kingis Majestie and Lordis of Secreit Counsale be the communitie and inhabitantis of the burgh of Irvin, makand mentioun that quhair in the moneth of November last- bipast, they meanit unto his Hienes and the saidis Lordis, how that a nowmer of thame that war puir men, upoun a certane abuse usit be the Magistratis of the said burgh in coUectioun of stentis and contributionis within the same in tymes bipast, war alike and equalie stentit with certane inhabitantis thairof of gretar rank and substance ; at quhilk tyme it wes ordanit be his Hienes and the saidis Lordis that the commissionaris of burrowis sould sicht and considder thair supplicatioun, and quhat ordour they thocht meit to be taikin thairanent, to report the samin agane to his Hienes and the saidis Lordis, that ordour thaireftir mycht be foUowit furth as sould be thocht best, as the said supplicatioun and deliverance thairof at mair lenth propertis. According to the quhilk the saidis complenaris laitlie gave in the same supplicatioun to the commissioneris of Burrowis convenit at Glasgw ; quha hes sichtit and considderit the same, and hes ordanit, quhen ony taxatioun sould happin to occur, that the said toun of Irvin sould be stentit, taxt, and ane taxt roll maid thairupoun, conforme to the use of uther burrowis — to witt, the provest, baillies, and counsale thairof sail caus and depute certane sworne men of the said toun to taxt everie ane within the samin according to thair habilitie — as ane act and ordinance maid thairupoun will testifie Quhilk act and ordinance the saidis complenaris hes reportit to his Hienes and the saidis Lordis : humilie desiring, thairfoir, that, be Act of Secreit Counsale, the foirsaid Act maid be the saidis Commissioneris of Burrowis mycht be ratifiit, approvit, and confermit, quhairthrow the samin mycht tak the bettir effect and execu- tioun heireftir, like as at mair lenth is contenit in the said supplicatioun ; quhairwith wes producit the said act and ordinance, off the quhilk the tennour foUowis : — Digitized by IVIicrosoft® 72 MUNIMENTS OF THE BUEGH OF IRVINE. In the conventioun and assemblie of burrowis haldin at Glasgu the xxiiij, xxv, xxvj, and xxvij dayis of Februar 1579 yeiris : Item anent the complaint gevin in be Hew Campbell provest and Gawin Nasmytht commissionaris of Irvin first gevin in to the Kingis Majestie and lordis of Secreit counsale and thairfra remittit to be decidit in this present conventioun tuicheing the abuse of the taxatioun and stent roll making within the toun of Irvin allegeing the samin to be sett in quarteris of the toun not having respect to thame that hes the guidis thairinto as in the said complaint is at mair lenth contenit The haill commissionaris of burrowis havand consideratioun thairof and advisand thairwith Ordanis quhen ony taxatioun salhappin to occur that the said toun of Irvin sould be stentit taxt and ane taxt roll maid thairofi" conforme to the use of uther burrowis To witt the provest baillies and counsale thairof sail caus and depute certane sworne men of the toun to taxt everie ane within the same according to their habilitie/ Quhilk Act and ordinance of the saidis Commissioneris, togidder with the said supplicatioun, being hard, sene, and considderit be the Kingis Majestie and Lordis of Secreit Counsale, and thay thairwith being ripely avisit, the Kingis Majestie and Lordis of Secreit Counsale, understanding the said Act and Ordinance, maid be the saidis Commissioners, to be agreebill to ressoun and conforme to the use and ordour of uther Burrowis, hes thairfor ratifiit, apprevit, and confermit, like as they be thir presentis ratifiis, apprevis, and confermis the said Act, ordaning the same to tak full effect and executioun heireftir in all pointis conforme to the tennour thairof. 42. Letter from King James the Sixth to the Magistrates oj Irvine anent the Convention of Estates. — 1st September 1586. Traist freindis we greit you heirtlie weill. Upoun gude considerations moving us we have thocht meit to alter the day and place of this conven- tioun of our estaittis to the tein day of September instant and in our burch of Edinburcht quhairfor we desire you richt effectuuslie that ye faill not to have your commissioneris present with us the said day as ye will do us 1 Regist. Secreti Condlii Acta, September 1579-October 1581, pp. 418 419. Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 73 speciall plesour and gude service. Thus we commit you to God frome our castell of Sterling the first of September 1586. James K. [Dorso.'] To our traist fr[eindis the provost] bailyes and coun[sale of] Irwyne. 43. Decreet of the Justice -deputes remitting to the Magistrates of Irvine to adjudicate upon a crime committed by one of their Burgesses.— 16th November 1586. Curia Justiciarie Supremi Domini nostri Regis tenta in pretorio de Edin- burgh decimo sexto die mensis Novembris anno Domini millesimo quingen- tesimo octuagesimo sexto per honorabiles viros magistros Joannem Grahame de Halyairdis Willelmum Oliphant et Eduardum Bruce justiciarios deputatos nobilis et potentis domini Archibaldi comitis Ergadie domini Campbell et Lome etc. Justiciarii generalis dicti supremi domini nostri Eegis totius regni sui ubilibet constitutos sectis vocatis et curia legitime affirmata : The quhilk day comperit maister Alexander King commissionar and procuratour speciallie constitute for the provest bailleis counsall and communitie of the burgh of Irrving be thair lettres of procuratorie and produceit ane chartoure and infeftment gevin and grantit to the said burgh of Irrving the bailleis and communitie thairof be umquhile oure soverane lordis predecessoure umquhile King James the Fourt of guid memorie be the quhilk it is gevin grantit and ordenit that quhow oft and att quhat tyme it salhappin ony burges or burgessis induellar or induellaris of the burgh of Irrving to be areistit and atteichit to quhatsumewir court or Courtis before quhatsumewir judge or judgeis for quhatsumewir caus that thay salbe repledgeit and reduceit to the libertie of the said burgh of Irrving And that thay within the samin burgh sail underly the law be ane assyis of the nychtbouris of the samin as the said infeftment of the dait at Edinburgh the aucht day of August the yeir of God j" v*^ and ellevin yciris and of the Kingis regnne the xxiiij yeir att mair lenth beris Accoirding to the quhilk chartoure he desyrit and requyrit that Niniane Barclay burges of Irrving now enterit on pannell summond to compeir before the justice or his deputtis this day and place to underly the law for the mutilatioun of Johnne Broun burges of Irrving of his rycht leg committit within the VOL. I ^ Digitized by IVIicrosoft® 74 MUNIMENTS OF THE BUEGH OF IRVINE. said burgh of Irrving in the moneth of Maii the [yeir of God j"] v"" four- scoir and fyve yeiris to be re[pledgeit] red[uce]it and brocht hame fra the jurisdictioun and priviledge of the justice generall and his deputis to the libertie and priviledge of the said burgh conforme to the tennour of the said chartour Quhilk chartour being red sene and considerit be the saidis justice deputis and they throwchUe avisit thairwith Thay ordenit the said Niniane to be remittit to the libertie of the said burgh Quha fand Thomas Harvie ane of the bailleis of the said burgh of Irrving actit cautiouu and souirtie that he sail compeir before the provest and bailleis of the burgh of Irrving in the tolbuith thairof the aucht day of December nixtocum in the hour of caus to underly the law for the mutilatioun of the said Johns Broun of his rycht leg Eftir the forme and tennour of our soverane Lordis lettres direct thairupoun and under the panis contenit in the actis of parliament And siclyke the said Thomas Harvie become cautionar and souirtie for administratioun of justice to the partie complenand the saidis day and place in the houre of caus under the pane of law Extractum de Libro actorum Adjornalis Supremi domini nostri Eegis per me Ludovicum Bellendene de Auchnowle militem clericum justiciarie ejusdem generalem sub meis signo et subscriptione manualibus. LuDOVicus Ballenden, Clericus Justiciarie. 44. Act of Parliament granting Commission anent the Brig [^Burgh'?^ of Irving. — 1587.^ Our Soverane Lord with advise and consent of the thrie estaittis of this present parliament hes given and grantit power and commissioun to the richt honorable Eobert Lord Boyde, William Cunynghame of Capringtoun, and Hew Campbell of Teringane, or ony twa of thame conjunctlie to pas to the burgh of Irving ony time thai pleis appoint to that effect and thair to visie and considder the watter mouth heavin port and herborie of the said burgh quhair the schippis and barkis wont to repair lose and ladin and thairupone to confer with the maist honest and ancient burgessis of the said burgh and landit gentilmen duelland nixt. adjacent thairto and sie gif the said herbrie possiblie may be helpit and quhat sowmes and moyen wald help the saymen and to report thair opinioun and proceedingis in the 1 Ads of Parliament, vol. iii. p. 520. Digitized by IVIicrosoft® BUIiG-H CHARTERS AND WRITS. 75 premissis to the Lordis of Secreit Counsall And in cais eftir the said report the said hevin and herbrie beis fundin remedable our said soverane Lord with advise and consent of the saidis thrie estaittis gevis and grantis full power and commissioun to the saidis Lordis of Secreit Counsall to grant and appoint ane ressounable generall stent and taxatioun upone sic pairtis of the cuntrie as thai sail think maist expedient for the speciall help and support of the said decayit herbrie and heavin and to make speciall act and ordinance upone the said taxatioun conteuing the forme and ordour of the payment and ingaddering of the samin for the said support siclyk and in the samin maner as the saidis thrie estaittis micht have done thame- selffis in this present parliament and ordanis lettrez to be direct heirupone gif neid beis in forme as effeiris. 45. Letters of Charge to the Burghs to guard against the admission of Jesuits, etc., into the country. — 5th March 1588-9. [Copy.j James be the grace of God king of Scottis to our lovittis William Forsyth messingeris our schirreffis in that part conjunctlie and severallie speciallie constitut greiting Forsameikill as it is understandit to us and lordis of secreit consall [from] travelleris in the sey furth of our realme that divers strangeris as wele as borne subjectis of the sect of Jcsu- ittis excommunicat personis semnare preistis and utheris passangeris ar transportit furth of utheris countres and brocht within our realme careing to and fra mony trassonable and dangerous wryttingis bukis lettres and messaigeis to the hurt and prejudice of the trew religioun and of the royale persone and auctoritie of us and our gud subjectis For remeid quhairof Our Will is and we charge you straitlie and commandis that incontinent thir our lettres sene ye pas and in our name and auctoritie command and charge the proweistis and baillies of our burrowis of Abirdene Montrois Dumdee Sauctanderois Carraill Anstruder Pettinvene Dysert Kirkcaldey Kinghorne Brunt Hand Leith Haymouth Queneisferrie Dumbartane Air Irvine Kirkandbrycht and all utheris buorrowis and touns within our realme' within quhais harberis portis havinis schipis or utheris veschellis arryvis or sail arryve as alswa the custumaris and cocquattiaris within the saidis boundis be opin proclamatioun at the mercat crocis of the same burrowis and touns that nane of thame tak upon hand Digitized by Microsoft® 76 MUNIMENTS OF THE BUEGH OF IRVINE. to suffer or permit ony of the saidis schipis or veschellis to depairt furthe of our realme at ony tyme hencfurth nor yit custume thair gudis nor grant cocqueit thairupon Bot to fens and arreist the same schipis and veschellis and take the saillis fra the rais unto the tyme they find sufficient and responsall souerteis actit in thair tunis bukis that they sail not transport furth of oure realme nor yit bring within the same ony Jesuittis excommunicat personis semnare preistis passingeris strangeris nor utheris inemyis to the treuth thair bukis lettres or messagis proivatlie nor publiclie nather cary ony forbidden guidis furth of [the] realme without our speciall licenc obtenit to the same effairis and last that th[ey] sail gife up the of that equipage and company for quhom thai salle ansuer under the pane of confiscatioun of thair . . . blis and of the rest of thair moveable guidis to our use certefeing the said provest baillyes custumar and cocquattiaris and they faillze or be fund negligent heirin that we will crave compt at thair handis and will cans thame ansuer and underly the pane and puneisment dew to trassonable practicis aganis the said religioun our persone and estat with all rigour and extremitie Quhilk catioun and souertie being fund in maner and to the effect foirsaid we grant license thairefter be thir presentis to the maisteiris skipperis and ownaris of the said schippis and veschellis to depeirt furth of our realme in thair lauchfuU traid and merchandres nocht withstanding our lait proclamatioun maid in the contrair Certefeing thame that depairtis afoir the finding of the Sic. said somond thay salbe persewit in thair personis and guidis according to the tenour of the same proclamatioun with all rigour and extremitie as ye will ansuer to us thairupone The quhilk to do we commit to you conjunctlie and severallie our full power be thir lettres delyvering tham be you dewly execut and indorsat againe to the beirar Gevin under our signet at Edinburgh the fyft day of Marche and of our regnne the xxij yeir 1588. Per actum Secreti Consilii. WiLLiAME Forsyth, messinger. [Indorsed.'] — Copie of ane charge gevin to the Towne. Digitized by Microsoft® BURGH CHARTERS AND WRITS. 77 46. Act of Privy Council granting New Commission anent the Harbour of Irvine. — 1590.^ Upon a supplication presented by the provost, baillies and council of the burgh of Irving to Parliament in July 1587, commission had been granted to Eobert Lord Boyd, Williame Cunynghame of Caprintoun, and Hew Campbell of Terrinyeane, to report to the Privy Council on the "hevin and herbrie" of the said burgh. [Acts of Parliament, 1587, c. 13, iii. 520.] The said commission had not, however, been executed ; and no^', as only the last named of the said commissioners is alive, and " necessar it is that sum utheris be appointit," the King, on petition from the said provost, baillies and council, gives full power to Thomas, now Lord Boyd, Master of Eglintoun, Blair of that Ilk, and Hew Campbell of Sic. Terrinyeane, or any two of them conjunctly " to pas to the said burgh of Irwing," and to "visie and considder" the water mouth, haven, port and harboury thereof, and to " se gif the same may be helpit," and for that purpose to " confer with the maist honest and ancient burgessis of the said burgh and landit gentilmen dwelland nixt adjacent thairto, and quhat sowmes of money wald help the same, and gif the same can not be helpit, to visie sum uther commodious place nixt adjacent to the said burgh quhair ane herbry may be biggit, and to set doun ane overture how the same may be biggit and quhat expenssis wilbe requisite," reporting to the King and council by the Feast of Pasch next. 47. Letters of Charge against the Town of Irvine for proportion oj the " General Extent." — 2d January 1590-1. James be the Grace of God King of Scottis to our lovittis William Forsyth messingeris our Shirefl&s in that pairt conjunctlie etc. Schawin to us be our lovit Henrie Charters merchand burges of our Burgh of Edinburgh CoUect- our of the Taxatioun under specifeit That quhair the Commissioners of our Burrowis of Edinburgh Perth Dundie and Abirdene for thameselflfis and thair saidis Burrowis and as haveand power and commissioun of the remanent haill Burrowis of our Eealme being convinit at Edinburgh the xxix day of October anno Ixxxix yeiris to heir the customar Comptis thairof and upoun the inlaik of the samyn for payment of xxx tunis Wynis furneist to 1 Register of the Privy Council, vol. iv. p. 511, 1590. Digitized by IVIicrosoft® 78 MUNIMENTS OF THE BURGH OF IRVINE. us fra the first day of October anno Ixxxviij yeiris to the first day of October anno Ixxxix yeiris foirsaid as yit unpayit to sic as furnist the samen the pryces quhairof efter dew advysement according to the maner of the dounsetting thairof in tymes preceiding being fund to extend : viz., everie tun thairof to vj'"' xij tib The saidis Commissioners ordanit ane generale extent of the sowme of four thowsand pund to be set and raisit of the haill Burrowis of our Eealme according to the generale Roll set doun thairanent and upoun the inlaik of the Custumes efter the dounsetting quhairof the saidis Commissioners hes ordanit the CoUectour Generall upoun the Burrowis expenssis to ingadder the samyn and upoun the refusaris to pay thair particular pairts of the said extent as thai salbe extentit to And thir our Lettres of Horning upoun the said act to be raisit and execute as in the said Act and ordinance maid thairupoun at lenth is contenit According to the quhilk ordinance the saidis Com- missioneris being lyikwayis convenit at Edinburgh upoun the first day of October anno Ixxxx" yeiris maid and set doun ane extent Roll contenand the particular sowmes undir writtin imput upoun everie Burgh within this Realme and speciallie upoun our Burrowis under writtin for payment of thair pairtis of the said Taxatioun Thay ar to say Irwing tuentie four pundis Off the quhilk Taxatioun and particular sowmes abone writtin the Proveistis and Baillies of our Burrowis speciallie abone namit hes not maid nor will mak the said Compliner payment ilk ane of thame for thair awin pairtis as is abone devydit conforme to the said taxt Roll without thai be compellit Oure will is heirfoir that ye command and charge the Provest and Baillies of the Burrowis speciallie abone writtin to set ane extent Roll upoun the burgessis merchantis craftismen and inhabitantis of thair saidis Burrowis ilk ane of thame for thair awin pairt as is abone devydit and to collect inbring and delyver to the said Compliner of the samen ilk ane of the saidis Burrowis for thair awin pairtis according to the said taxt Roll maid thairanent within ten dayis nixt eftir thai be chargit be you thairto under the pane of rebellioun and gif thai failzie to denunce and eschete etc. And immediatlie efter your said denunciatioun that ye use the haill ordour prescrivit in the Act of Parliament as ye will answer to us thairupoun etc. Gievin under our Signet at Edinburgh the secund day of Januar and of our regne the xxiiij yeir 1590. Ex deliberatione Dominorum Consilij, etc. Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 79 48. Missive hy King James the Sixth to the. Provost and Bailies of Irvine, requiring the attendance of their Commissioners at Holyrood in prospect of the hirth of a successor to the Crown. — 18th December 1592. Teaist freindis we greit you hartlie weil It has plesit God to our content- ment and we ar assurit na les to the comown lyking of all our effectit subjectis to blis with appeirance of successioun (our darrest bedfallow the Queue being with chyld and neir the tyme of her delyverie) Quhilk and uther wechtie effairis geving occasioun of a mair necessar deliberatioun and advyse of oure nobilitie and estaittis nor at ony tyme heirtofoir We have thocht meit to desyre you maist ernistlie that ye faill nocht all excuissis sett apairt to addres your commissioneris towardis us heir at Halyrudhous the xj day of Januar nixtocum at quhat tyme ye salbe acquentit with the particularis moving your cuming quhilk we assuridlie luik for as ye will kyth your afFectioun in that erand furnessing mater of comoune rejoysing we dout nocht you and all our subjectis and to the advancement of sic purpoissis of grit wecht and importance as ar to be cravit and resolvit in that conventioun Sua committis you to Goddis blissit protectioun Frome Halyrudhous the xviij day of December 1592. James E. To our traist freindis the provest baillies and counsale of our burgh of Irwing. 49. Letters of Charge against the Burghs for the payment of their Maills in sterling money. — 'id January 1593-4. James be the Gres of God King of Scottis to our lovitis David Neilsoun messenger our Sherifeis in that pairt conjunctlie and severallie constitut greitting Forsemeikill as the Lordis auditouris of our Chaikker considdiring how our Burrow ruiddis and privilaig of the maist pairt of our Burrowis of our Eeallm ar sett of auld for the Burrow meillis contenit in thair infeift- mentis to be payit in Stirlling money and throw negligens of our ofSciaris thir diveris yeiris bygane our meillis ar resavit in current money to our Digitized by Microsoft® 80 MUNIMENTS OF THE BURGH OF IRVINE. greit hurt and prejudice thairfor hes ordanit thir or Lettres to be derect in manner following Our will is heirfor and we chairge you stratlie and commandis that inconteinent thir our Lettres sene ye pas and in our name and auctoritie command and charge the heill Proviestis and Bailies within our Eeallm to produce thair infeiftmentis in our Chaikker the xxvj Sic. day of Januar instant and the day of next tocum that it may be knawin quhiddir they sail pay Stirrveling money or current money of our Eeallm with ceirttificatioun to thame and thay failze thay salbe haldin and decernit to pay the samen in tyme cumirig or ellis the aweill thair- off as is in current money conforme to our Act of Parliament and to justis as ye answer to us thairupone The quhilk to do we commit to you conjunctlie and severallie our full powair be thir our Lettres delyvering thame be you dewllie execut and indorsit agane to the beirair Geivin undir our Signet at Edinburgh the secund day of Januar and of our regene the xxvij yeir 1593. Per actum Dominorum Scaccarij. 50. Missive from the Lords of Parliament to the Provost and Bailies of Irvine, anent the payment of Burgh Maills in sterling money. — dd January 1593-4. Efter our maist hairtlie commendationis for deliberating upone the materis of the custumes and impost of wynis according to the articlis presentit to the parliament in Junii 1593 thair wes conference betuix sum that the Kingis Majestie directed for that purpois and the commissioneris of burrowis about this tyme twelf moneth and then materis left to a new meiting and sensyne at the parliament haldin in Junii thair wes directioun gevin to tak ordour anent the payment of certane burrow mailis in sterling money and seing the chekker is presentlie sittand and that thair is also a conventioun of the Estaitis appointed agane the xj day of Januar instant we have thocht expedient according to his Majestyis direction gevin us to desyre you effectuuslie that your commissioneris to be send to the said conventioun may be instructed to confer treat and conclude with sic as salbe directit be his Majestie in thir materis sa as the same may be setlit to the contentment of his Majestie and you all, God willing To quhais Digitized by Microsoft® BUEGH CHAETEES AND WEITS. 81 protectioun we commit you at Edinburgh the thrid day of Januarii 1593. Your assurit freindis ^ I David Neilsoun messinger delyverit this meself to the proveist and balyis Irwin the xv day of Januar 1593. Dauid Neilsoun messinger w* my hand. [Addressed.^ To our richt traist freindis the provest and bailies of Irwing etc. 51. Extract Decreet of the Lords of Council in the Action at the instance of Laurence Scott against the Magistrates of Irvine anent the office of Town Cleric thereof. — 7th December 1594. At Edinburgh the sevint day of December the yeir of God j" v° four scoir fourteine yeiris The Lordis under writtin Thay ar to say Johnne lord Thirlstane chancellar Alexander lord Vrquhart president Alexander commendator of Culros William commendator of Tungland Master James 1 The Signatures are : — Blantyre, Newbotle, Lyncloudon, A. Hay, Culluthy, Durhame of Duntervie, M. G. Young. VOL. I M Digitized by Microsoft® 82 MUNIMENTS OF THE BURGH OF IRVINE. Elphinstoun of Innernochtie Sir Patrick Vaus of Barnbarroclie knycht Master Thomas Hamiltoun of Dumcairne Master Johnne Skene clerk of Eegistre Master David M'Gill of Cranstoun-riddell Andro Weymes of Maircairny Sir Eicliard Cokburne of Clerkingtoun knycht secretar Sir John Cokburne of Ormestoun knycht Justice Clerk Master Johnne Lyndsay persone of Menmuire Anent oure Soverane Lordis lettres purchest at the instance of Laurence Scott servitour to Master William Scott of Grange- mure Director of the Chancellarie aganis Hew Neving provest Alexander Dunlop and Archibald George baillies and Niniane Barclay baillie commissioner of the burgh of Irwing and the counsell and communietie thereof and Hew Garven thair Court Clerk makand mentioun that quhair his Hienes be his utheris Lettres of gift under the Pre vie Seill have gevin and grantit to the said Laurence the office of the Clerkship and commoun toun Notarie of the said burgh of Irwing during all the dayes of his liftyme with full power to the said persewar to minister in the said office use and exerce the samyn at his pleasour and to creat and substitute ane clerk under him for exerceing and using thairof during quhat tyme he pleissis ifor quhome he salbe answerable to us upoun the executioun of his office and to intromet with all and sindrie casualities fies and dewties pertening to the said office ayther be the said persewar for himself or his Depute discharging the provest and baillies of the said burgh of creatioun of ony uther clerk therein in the meantyme as the saidis Lettres of gift maid to the said persewar thairupoun of the dait the penult day of September last bipast at mair lenth proportis Be vertew of the quhilkis the said per- sewar hes gude and undouttit rycht to the said office and all fies and deuties belanging thairto Nochttheles the provest baillies counsell and communitie of the said burgh of Irwing will on nawis acknaulege him commoun Clerk of the said Burgh suffer and permit him be himself and his deputtis minister in the said office use and exerce the samyn intromet and uptak quhatsumevir fies and dewties belanging thairto conforme to the Lettres of Gift without thay be compellit And anent the charge gevin to the saidis defenderis to haif comperit befoir the Lordis of Counsall at ane certane day bigane to haif hard and sene utheris Lettres in all the four formes decernit to haif bene direct at the instance of the said persewar and ilk executioun to be efter uther within xxiiij houris and the wairding place to be in the Castell of Blacknes in caice of disobedience chargeing thame and ilk ane of thame to haif acknawlegeit the said persewar as commoun clerk of the said Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 83 Burgh. To haif sufFerit and permittitt him and his deputtis and na utheris to haif ministerit thairin usit and exerceit the samyn intromettit and uptakin all fies and dewties belanging thairto efter the forme and ten- nour of the saidis Lettres of Gift or ellis to allege ane ressonabill cans qnhy the samyn suld not be done as at mair lenth is contenit in the saidis Lettres The said persewar comperand be Mr. John Russell his procuratour and the saidis defendaris comperand be Master William Oliphant thair procuratour Thair rychtis ressonis and allegationis being hard sene and considderit be the saidis Lordis and thai thairwith being ryplie advisit The Lordis of Counsell assoilzeis simpliciter the saidis defendaris from the haill poyntis and contentis of the saidis Lettres and petitioun of the said persewar aganis thame in the said mater And decernis thame frie and quyte thairfra in tyme tocum Becaus it was allegit peremptorlie be the said Master William Oliphant procuratour for the saidis defenderis that na Lettres aucht to be grantit in all the four formes at the instance of the said Laurence Scott aganis thame to acknawlege the said Laurence as commoun Clerk of the said Burgh suffer and permit him and his deputtis and na utheris minister thairin use and exerce the samyn intromett and uptak all fies and deuties belanging thairto efter the tennour of the saidis Lettres of Gift Becaus the foirsaidis Lettres of Gift proceidis frome our Soverane Lord in the moneth of September last bipast anno four scoir fourtene yeiris quha had na power to dispone the office of Clerkschip and commoun toun Notarie of the said Burgh of Irwing contenit in the said Gift Becaus the Burgh of Irwing lang befoir the dait of the said Gift wes ane frie Burgh Regall erectit of auld in ane frie burgh regall with all immunities privilegis liberties and fredomes perteining to frie burghis regall within this realme and thairby hes undouttit rycht to elect and creat all officeris within Burgh be the lawes of this realme and speciallie thair toun Clerk for quhome thai ar obleist to be answerable Quhilk allegeance being fund relevant be the saidis Lordis and admittit to the saidis defendaris probatioun (nochtwithstanding of the haill answeris maid thairto for the pairt of the said persewar) The saidis defendaris instantlie verefeit the same be productioun of divers and sundrie infeft- mentis chartoris evidentis and writtis hard sene and considderit be the saidis Lordis as was cleirlie understand to the saidis Lordis and thairfoir thai assoilzeit simpliciter in maner foirsaid And ordanis Lettres to be direct heirupoun gif neid beis in forme as effeiris Extractum de libro actorum per Digitized by IVIicrosoft® 84 MUNIMENTS OF THE BUEGH OF IRVINE. me Magistrum Johannem Skene Clericum Eotulorum Eegistri ac Consilii Supremi Domini Nostri Eegis sub meis signo et subscriptione manualibus. Johannes Skene, (Jls. Regri, etc. 52. Act of Privy Council granting Commission for inquiring as to the fitness of a particular creek in Little Cumbrae to be a new Harbour for the Burgh of Irvine. — 1596.-' Supplication by the Provest, baillies, and council of the burgh of Irvine as follows : — The Act of Parliament appointing Eobert, Lord Boyd, William Cunynghame of Caprintoun, and Hew Campbell of Terringeane, or any two of them, commissioners for reporting on the "heavin porte and herbory " of thair burgh, and empowering the imposition of a taxation for its support (1587, c. 13, iii. p. 520), hes taken no effect, two of the principal commissioners so nominated having died, and the watter mouth having become so " ouerblawne and fiUit with sand that it is unremediable and can not be helpit through occasioun quhairof sindrie of thair nichtbouris hes sustenit grite losse and shipwrack, and thair toun brocht to grite miserie and povertie ; and, be appeirance, thay will losse the haill benifite and trade of the sey, without remeid be providit : and, thay haveing considderit the haill commodious pairtis nixt adjacent to thair burgh, quhair ane harborie maist commodiouslie may be had, thay fand na parte sa meit as ane creik in Little Comray, quhilk thay ar unable be thair awne moyne to gett accommodat for that purpois unless the said Act of Parliament tak yit effect." Thay humbly desire therefore that commission may be given to Walter, Prior of Blantyre, treasurer, Sir Mathew Steuart of Minto, Fleming of Barrochin, James Hammiltoun of Ardoch, and Johnne Craufurde of Crawfurdland or any two of them conjunctly for attending to the matter. Accordingly the King and Council gave full power and commission to the said persons to visit the said creek and consider if it may be suitable for a harbour " and to confer with sic men of jugement and experience as thay think meit anent the expenssis and sowmes of money quhilk will satisfie the heretour of the said creek, and perfyte and accomplish the said harborie and to reporte thair 1 Ads of the Privy Council, vol. v. p. 293, 1596. Digitized by Microsoft® BURGH CHARTERS AND WRITS. 85 procedingis heiranent to his Majestie and his Prevey Counsaill betuix and the first day of November nixt to cum, that thaireftir the saidis Lordis according to the previlege grantit be the said Act of Parliament may appoint the said taxatioun and sett doun the forme and maner of the ingaddering and payment thairof" 53. Grant hy the Privy Council to the Burgh of Irvine for Jive years of a right of exacting duties on goods passing up and down the Clyde, the same to go towards the new Harbour for the Burgh. — 29th July 1596.1 Reference to the Act of Parliament (1587, c. 13, iii. p. 520), and to the Act of Secret Council of 3d June last, appointing certain commis- sioners to visit and report upon the creek in Little Comray as a place where " ane harborie maist commodiouslie micht be had " for the town of Irving. The said commissioners have lately sighted and considered the said creek, and found that the same will be a sufficient harboury for ships and all other vessels, and that, for repairing and completing of the same, payment of masons and wrights and other workmen, and furnishing all materials requisite, the expenses will amount in all to the sum of £4773, 6s. 8d. This report having been heard and considered by his Majesty and Lords of Secret Council, " thay, upoun a speciall cair and regaird had be thame to the weill and profi'eit, not onlie to the haill inhabitantis of the said toun, bot of all the cuntreis nixt adjacent thairto, quha wilbe accomodat and easit at all occasionis be the said harborie, baith at thair outpassing and incuming to the same," grant to the provost, bailies, council and community of Irwing, for the space of five years from the date hereof, the " toust, exactioun, and impoist," to the eff'ect foresaid, of all the following sorts of merchandise that shall enter or pass furth of the ports of Air, Glasgu and Dunbartane, or that shall " pas up and doun the saidis watteris or ony parte to and fra the samin townis and watteris, and betuix the saidis townis, alsweill the hielandis as laulandis " viz., " ofi" every last of barrellit guidis, quhilk is ane tun and ane halff", fyve shillingis ; and of every tun of guidis and merchandice, iii^ 1111** ; and of every pype, hoigat and barrell accordingly pro rata ; ofi" every fisheair boit yeirlie, v^ ; and of every manis skair within the same boitis yeirlie, v^ ; and that for the three 1 Register of the Privy Gouncil, vol. v. p. 305. Digitized by IVIicrosoft® 86 MUNIMENTS OF THE BUEGH OF IRVINE. fisheingis of the north and south sey hering and killing ; of every hundreth bollis of salt of water mett, ane half boill, and siclyke halff boll of all victuaill or uther stuff of barkis, mett be boll ; of every hundreth tree, jeist, daill or burde of aik, or uthir tymmer, cabir, or rungis, ane; and of every boit that bringis in horse or ky frome the Hielandis, ten shillingis." There is also an order to charge all and sundry merchants, skippers and mariners of the said ships, crears, boats, barks, " coparis " and other vessels, by open proclamation at the market crosses of Irving, Glasgu, Dunbartane, and their parish kirks, and all other places needful, to make payment to the said town council of the said impost to the effect abovewritten, during the said space, within ten days after being charged, under pain of rebellion. It is also concluded that no suspension shall be granted of letters of horning till the sums charged for be consigned in the hands of James Primrois, writer ; who shall keep the same in his hands till the reasons of suspension be dis- cussed. It is however, provided that, in case the inhabitants of the said burghs complain that they are " extraordinarlie handillit be the rasing of this present exactioun and impost upoun thame, without thair consent and knauleg, to thair grite hurt and prejudice," then their complaints shall be heard and considered, and disposed of according to equity and good conscience. 54. Charter hy King James the Sixth, confirming to the Burgh of Irvine all the rights and privileges thereof. — 1st May 1601. jACOBtrs Dei gratia Eex Scotorum omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos cum avisamento et consensu con- fisi et predilecti nostri consiliarii Davidis Murray de Gospertie militis nostrorum computorum rotulatoris ratificasse approbasse [et pro] nobis nostrisque successoribus pro perpetuo confirmasse omnia et singula infeofa- menta et cartas per nos nostrosque preclarissimos progenitores datas et concessas penes erectionem et creationem burgi nostri de Irwing in liberum burgum regalem cum omnibus libertatibus immunitatibus privilegiis et commoditatibus quibuscunque in eisdem specificatis in omnibus et singulis conditionibus punctis passis articulis clausulis et circumstanciis in dictis infeofamentis mentionatis et contentis secundum earundem formas et tenores Ac volumus et concedimus proque nobis nostrisque successoribus decernimus et ordinamus quod hec presens generalis nostra ratificatio infeofamentorum suprascriptorum tanti sit et erit valoris roboris efficatie et Digitized by IVIicrosoft® BURGH CHARTEES AND WRITS. 87 sufficientie in omnibus respectibus ac si omnia predicta infeofamenta per- prius facta et concessa penes antedictam suprascripti burgi erectionem specialiter et ad longum in hac presenti carta nostra expressa et ingrossata fuissent Preterea nos pro bono fideli et gratuito servitio nobis nostrisque preclarissimis progenitoribus per prefectum ballivos consules dictique burgi de Irwing incolas temporibus retroactis prestito et impenso proque majori policie et edificiorum incremento faciendo infra dictum nostrum burgum pro nostro nostrorumque subditorum eidem frequentantium asiamento et hospitio necnon pro diversis aliis bonis causis et considerationibus nos moventibus ex nostra certa scientia proprioque motu cum avisamento et consensu antedictis de novo creavimus et ereximus tenoreque presentium de novo creamus et erigimus totum et integrum predictum burgum de Irving omnesque et singulas terras tenementa domos edificia hortos com- munitates pertinen[ciaque eidem] spectantes in liberum burgum regalem Acetiam dedimus concessimus et disposuimus tenoreque presentium damns concedimus et disponimus prefecto ballivis consulibus burgensibus dictique burgi de Irving communitati suorumque successoribus hereditarie totum et integrum predictum burgum de Irving una cum omnibus et singulis terris aliisque subscriptis eidem spectantibus et pertinentibus, viz. omnes et singulas terras et tenementa infra dictum burgum jacentia totas et integras terras vulgo nuncupatas lie burrow landis alias Montaber, Gallowmure, Knodgerhill, Newmure, Hie Myre, Guildelandis, Weirisholme, Inner et Utter Boigfauldis, unacum integris pascuis lie wardis pratis acris et commu[D tati- bus infra dicti] burgi territorium aliisque quibuscunque per ipsos possessis vel de ipsis perprius immediate tentis unacum omnibus et singulis aliis terris tenementis annuls redditibus molendinis multuris piscationibus viis semitis aliisque quibuscunque pertinen per ipsos eorumve predicessores possessis et gavisis cum omnibus portubus littoribus lie harbreis et bulwarkis eidem pertinentibus cumque omnibus custumis anchoragiis privilegiis et libertatibus solitis et consuetis Similiter et adeo libere in omnibus respectibus quam alius quivis burgus regius infra regnum nostrum habent vel privilegia sua et libertates possi- dent Idque infra omnes balliatus de Conynghame bond[as burgi nostri] de Irwing Ubertati perprius annexatas cum plenaria potestate dictis prefecto ballivis consulibus burgensibus dictique nostri burgi de Irwing communitati eorumque successoribus pistores brasiatores et artifices necessarios in eodem tenendi simul et habendi Necnon Digitized by IVIicrosoft® 88 MUNIMENTS OF THE BUEGH OF IKVINE. in eodem emendi et vendendi vinum cibum pannum lineum et laneum latum et densum pieces carnes omniaque alia in quovis burgo infra nostrum regnum emi vendique solita Acetiam cum potestate ipsis in dicto nostro burgo tres liberos nundinarum dies annuatim tenendi et habendi Quarum primum per Augusti decimum quartum decimum quintum et decimum sextum dies continuando Secundum nundinarum Septembris die initiando et ad ejusdem mensis [Sep]timum diem nundinarum incipiendo vicesimo tertio mensis Octobris die et inde vicesimo quarto et vicesimo quinto continuando duas hobdomadatim forales dies dictorum dierum foralium clericos serjandos adjudicatores aliosque omnes curie officiarios nostri burgi communi bono necessaria eligendi Burgalis curie affigendi toties quoties opus fuerit tenendi leges et constitutiones [pr]edicti nostri burgi communi bono faciendi eademque secundum constituimus tenoreque presentis carte nostre facimus et con[stituimus] prefectum et ballivos dicti [nostri] burgi de Irving presentes et futures nostros justiciarios ipsis justiciarias et vicecomitatus curias in eodem tenendi ac transgressores et malefactores in eisdem puniendi exquirendi capiendi et apprehendi justiciamque erga ipsos prout secundum nostri regni leges rei vel innocentes inventi fuerint ministrari causandi Inquisitionemque aut inquisitiones necessarias summo- niendi quamlibet personam juramenta prestare et admitti causandi Sectas vocandi absentes amerciandi exitus amerciamenta et dictarum curiarum exactas petendi et levandi et precipiendi eadem Necnon super dictorum malefactorum ut dictum est communiendi escaetis ad ipsorum placitum disponendi ad commune dicti burgi nostri bonum clericos serjandos membra curie necessaria in dictis justiciarii et in hac parte vicecomitatuum oflficiis pro justicie in eisdem administratione faciendi et constituendi cum omnibus et singulis libertatibus et immunitatibus quibuscunque quolibet alio libero burgo regali infra regnum nostrum pertinentibus seu juste pertinere valentibus quomodolibet in futurum Tenendum et habendum [totum et integrum] predictum nostrum burgum de Irving cum omnibus et singulis terris tenementis domibus edificiis hortis pomeriis molendinis mul- turis piscationibus communitatibus portubus le [harbreis et bulwarkis] viis Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 89 semitis custumis anchoragiis privilegiis libertatibus immunitatibus pro commoditatibus lie outsettis partibus pendiculis dictique burgi nostri per- tinenciis quibuscunque seu quorum prefect! ballivi consules et ejusdem burgi nostri communitas quovis tempore preterite in possessione fuerunt dictis prefecto ballivis coQSulibus dictique nostri burgi communitati eorum- que successoribus de nobis nostrisque successoribus in feodo hereditate [et libero] burgagio imperpetuum Per omnes rectas metas suas antiquas et divisas prout jacent in longitudine et latitudine in domibus edificiis boscis planis moris marresiis viis semitis aquis stagnis [rivolis] pratis pascuis et pasturis molendinis multuris et eorum sequelis aucupationibus venationibus piscationibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbis columbariis fabrilibus brasinis [brueriis] et genestis silvis nemori- bus et virgultis lignis tignis lapicidiis lapide et calce Cum curiis et earum exitibus amerciamentis herezeldis bludewitis mulierum merchetis et escaetis dictarum curiarum [cum lie] pit et gallons infangtbeif outfangtheif thole theme vert wrak wair et vennesoun Ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis asiamentis ac justis suis pertinenciis quibuscunque tam non nominatis quam nominatis tam subtus terra quam supra terram procul et prope similiter et adeo libere in omnibus respectibus quam quivis alii nostri liberi burgi regales sua privilegia libertates aliasque commoditates quascunque [iisdem] spectantes usi sunt aut potuerunt libere quiete plenarie integre honorifice bene et in pace sine aliqua revocatione contradictione obstaculo seu impedimento aliquali Reddendo inde annuatim dicti prefectus ballivi consules et communitas suorumque successores nobis nostrisque successoribus summam septem librarum sex solidorum et octo denariorum usualis monete hujus regni nostri Scotie ad solutionis terminos solitos et cons[uetos ] annuatim [in] nostris scaccariis computum reddere tenebuntur Cum servicio burgi solito et consueto tantum Proviso omnimodo quod si quovis tempore futuro per autentica scripta verificatum fuerit dictum nostrum burgum de Irving nobis aut nostris predecessoribus quovis tempore preterito aliquam monetam Strivilingensem vel majorem annuum reditum quam suprascriptum est unquam persolvisse quod tunc et in eo casu nos nostrique successores bonum jus ad eandem monetam Strivilingensem maximumque annuum redditum pro eodem quovis tempore preterito persolutum habemus et habebunt non obstante presenti hoc nostro infeofamento supra specificato et ac si idem nunquam [datum et] concessum fuisset In cujus rei testimonium huic presenti carte nostre VOL. I N Digitized by IVIicrosoft® 90 MUNIMENTS OF THE BUEGH OF IRVINE. magnum sigillum nostrum apponi precepimus Testibus predilectis nostris consanguineis et consiliariis Joanne Marchione de Hamiltoun comite Arranie domino Evandale etc., Joanne comite de Montrois domino Grahame etc., cancellario nostro Georgio comite Mariscalli domino Keith etc., regni nostri mariscallo dilectis nostris familiaribus consiliariis dominis Jacobo Elphin- stoun de Barntoun nostro secretario Eichardo Cockburne juniore de Clerkingtoun nostri secreti sigilli custode militibus Magistro Joanne Skene nostrorum rotulorum registri ac consilii clerico domino Joanne Cokburne de Ormestoun milite nostre justiciarie clerico Et magistro Willelmo Scott de Elie nostre cancellarie directore Apud Dalkeith primo die mensis Mail anno Domini millesimo sexcentesimo primo et regni nostri trigesimo quarto. Abstract. Charter by King James the Sixth by which he ratifies and confirms all and sundry infeftments and charters granted by him and his progenitors in reference to the erection and creation of his burgh of Irvine into a free Royal Burgh, with all the liberties and privileges specified therein : And further, for the faithful service done to him and his progenitors by the provest bailies and councillors of the said burgh, increase of policy and building within the same, etc., the King of new creates and erects all and whole the foresaid burgh of Irvine, and lands, tenements, etc., belonging to the same into a free Royal Burgh, granting and disponing to the provost, bailies, councillors, burgesses, and community of the same, and their successors, all and whole the foresaid burgh of Irvine, and lands and others belonging thereto, viz. the lands and tenements lying within the said burgh; the lands commonly called the Burrow Lands alias Montaber, Gallowmure, Knodgerhill, Newmure, Hiemyre, Guildelandys, Weirisholme, Inner and Outer Bogfauldis, with the wairds, acres, and commonties within the territory of the said burgh and others possessed by them or immediately held of them, with all other lands, etc., possessed by them or their predecessors; ports and harbours, bulwarks, with customs, anchorages, privileges and freedoms, as freely as any other Royal Burgh within the kingdom, and that within all the bounds of the bailliary of Cuninghame [and also Largisj formerly annexed to the liberty of the Burgh. With power to make and have bakers, braziers, etc., sell and buy, etc., and to have three free fairs yearly, the first beginning on the [ISthJ day of August Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 91 and continuing till the 16th; the second beginning on the [7th] of September and continuing till the [10th] ; and the third beginning on the 23d of October and continuing till the 25th ; and also two weekly market days with power to make clerks, Serjeants, etc., and to hold Burgh Courts : The King further creates the provost and bailies of the burgh his justiciars and sheriffs in that part within the liberty of the Burgh, with the usual powers : To be held of the King and his successors in fee heritage and free burgage for ever, for payment of £7 : 6 : 8 Scots yearly, rendering account to the Exchequer and service of Burgh used and wont : Provided that if it should be verified that the Burgh had at any time previously paid sterling money or a greater annual rent, the King or his successors should have good right to such sterling money or greater rent. The Great Seal is appended at Dalkeith 1st May 1601. Witnesses John Marquis of Hamilton Earl of Arran Lord Evandale, etc., John Earl of Montrose Lord Grahame, etc., chancellor, and others. 55. Instrument of Sasine upon Crown Charter in favour of the Burgh of Irvine, of the whole rights and privileges thereof — 2d September 1601. In Dei nomine amen Per hoc presens publicum instrumentum cunctis pateat evidenter et sit notum quod anno Domini millesimo sexcentesimo primq die vero mensis Septembris secundo regnique supremi domini nostri Jacobi Sexti Scotorum regis illustris[simi] anno tricesimo quinto In nostrorum notariorum publicorum et testium subscriptorum preseutiis per- sonahter comparuerunt honorabiles viri Patricius Trane prepositus burgi de Irweine Thomas Cuming unus ballivorum ejusdem Joannes Peblis Ninianus Barcley et Archibaldus George quidam consiliariorum [dicti] burgi pro seipsis necnon nomine dicti burgi et communitatis ejusdem super solum et fundum terrarum dicti burgi aliarumque subscriptarum Ac habentes et tenentes in eorum manibus quoddam sasine preceptum sub- scriptum dicti supremi domini nostri Eegis e ejus cancellaria sub testimonio sui magni sigilli cera alba app[en]si ballivo de Cunynghame et depu- tatis suis necnon ballivis subtus mentionatis de Cunynghame in hac parte specialiter constitutis directum Et ibidem dictum sasine precep- tum honorabUibus personis WiUielmo Stevinstoun ballivo deputato de Digitized by Microsoft® 92 MUNIMENTS OF THE BUEGH OF IRVINE. Cunynghame et Hugoni Scot comburgensibus dicti burgi ballivis de Cunynghame in hac parte in dicto precepto specialiter nominatis et constitutis ea qua decuit reverentia presentaverunt ipsosque humiliter requirendo pro executione ejusdem debite facienda Qui vero ballivi in hac parte antedicti dictum preceptum sasine a manibus dictorum propositi ballivi et aliorum suprascriptorum reverenter receperunt Et idem nobis notariis publicis subscriptis perlegendum publicandum et in banc publicam instrumentalem formam redigendum reddiderunt tenor cujus precepti sequitur verbatim et est talis Jacobus Dei gratia Rex Scotorum ballivo nostro de Cunynghame et deputatis suis necnon dilectis nostris Willielmo Stevinstoun ballivo deputato de Cunynghame et Hugoni Scot burgensibus de Irweine et eorum cuilibet conjunctim et divisim ballivis nostris de Cunynghame in hac parte salutem Quia nos cum avisamento et consensu confisi et predilecti nostri consiliarii Davidis Murray de Gospertie militis nostrorum computorum rotulatoris pro bono fideli et gratuito servitio nobis nostrisque preclarissimis progenitoribus per prefectum ballivos consules et incolas burgi nostri de Irweine temporibus retroactis prestito et impenso proque majore policie et edificiorum incremento faciendo infra dictum nostrum burgum proque nostro nostrorumque subditorum eidem frequen- tantium asiamento et hospicio necnon pro diversis aliis bonis causis et considerationibus nos moventibus ex nostra carta scientia proprioque motu de novo creavimus et ereximus totum et integrum predictum burgum de Irweine omnesque et singulas terras tenementa domos edificia hortos communitates pertinentiaque eidem spectantia in liberum burgum regalem Ac etiam dedimus concessimus et disposuimus prefecto ballivis consulibus dictique burgi de Irwin communitati suorumque successoribus in perpetuum totum et integrum predictum burgum de Irweine unacum omnibus et singulis terris aliisque subscriptis eidem spectantibus et pertinentibus videlicet omnes et singulas terras et tenementa infra dictum burgum jacentia totas et integras terras nuncupatas lie burrowlandis [alias Montaber Gallowmure] Knodgerhill Newmure hiemyre Guldelandis Weirisholme Inner et Utter Bogfauldis unacum integris pascuis lie wardis pratis acris communitatibusque infra dicti burgi territorium aliisque quibuscunque per ipsos possessis et de ipsis immediate perprius tentis unacum [omnibus aliis et singulis] terris tenementis annuls redditibus molendinis multuris piscationibus viis semitis aliisque quibuscunque dicto burgo ejusve libertati pertinentibus per ipsos eorumve predicessores possessis et gavisis cum omnibus portubus littoribus Digitized by IVIicrosoft® BUEGH CHARTEES AND WEITS. 93 lie harbries et bulwarkis [eidem pertinentibus] cumque omnibus custumis anchoragiis privilegiis et libertatibus iisdem spectantibus solitis et consuetis similiter et adeo libere in omnibus respectibus quam alius quivis burgus regius infra regnum nostrum habet vel privilegia sua et . libertates possidet idque infra omnes balliatus de Cunynghame bondas necnon lie Lairgis dicti nostri burgi de Irwene libertati perprius annexatas cum plenaria potestate dictis prefecto ballivis consulibus burgensibus dictique nostri burgi de Irweine communitati eorumque successores pistores brasiatores laniatores piscatores aliosque omnes artifices necessaries in [eodem] faciendi simul et habendi necnon in eodem emendi et vendendi vinum ceram pannum linium et lanium latum et densum pisces carnes omniaque alia mercimonia in quovis libero burgo nostro regali infra regnum nostrum emi vendique solita Ac etiam cum potestate ipsis in dicto nostro burgo tres liberos nundinarum dies annuatim tenendi et habendi Quarum primum super Augusti decimum tertium diem incipiendo ejusdemque mensis decimum quartum et decimum sextum dies continuando secundum dictarum nundinarum septimo Octobris die incipiendo et inde [ejusdem] mensis decimum diem continuando Ac tertium predictarum nundinarum incipiendo vicesimo tertio mensis Octobris die et inde vicesimo quarto et vicesimo quinto ejusdem mensis diebus continuando Necnon duas hepdomatim forales dies quorum unum die dictorum dierum foralium et nundinarum custumas solitas et consuetas levandi et percipiendi superque eadem ad ipsorum placitum disponendi Et similiter cum potestate prefectum ballivos thesaurarios decanos gilde clericos serjandos adj udicatores aliosque [omnes curie ofl&ciarios] et membra pro ejusdem burgi nostri bono et gubernatione necessaria eligendi Burgales quoque curias toties quoties ipsis expediens videbitur initiandi affigendi affirmandi totiesque quoties opus fuerit tenendi et continuandi Acta leges et constitutiones predicti nostri burgi communi bono faciendi easdem ponendi Ac etiam fecimus et constituimus prefectum et ballivos burgi nostri de Irving presentes et futures nostros justiciarios et in hac parte vicecomites infra ejusdem libertatem Cum potestate ipsis justiciarias et vicecomitatus curias in eodem tenendi [transgressores et malefactores in iisdem] puniendi exquirendi capiendi et apprehendi apprehensosque ad inquisitionis cognitionem ponendi justiciamque erga ipsos prout secundum regni nostri leges rei vel innocentes inventi fuerint ministrari causandi inquisitionemque aut inquisitiones necessarias sum- Digitized by Microsoft® 94 MUNIMENTS OF THE BUEGH OF IRVINE. m[oiiiendi] pena comparere recipi juramenta prestare et admitti causandi Sectas vocandi absentes amerciandi exitus amerciamenta et dictarum curiarum exactas petendi et levandi et pro iisdem dummodo opus fuerit namandi et distringendi superque eadem nee exactis ad ipsorum placitum disponendi ad commune dicti burgi nostri bonum Clericos serjandos adjudicatores aliosque omnes officiarios membraque curie necessaria in dictis justiciarie et in hac parte vicecomitatus officiis pro justicie in iisdem administr libertatibus commoditatibus privilegiis immunitatibus proficuis custumis et immunita- tibus quibuscunque cuilibet alio libero burgo regali infra regnum nostrum pertinentibus seu juste pertinere valentibus quomodolibet in futurum Prout in carta nostra desuper dictis prefeeto ballivis consulibus dictique nostri burgi communitati eorumque successoribus vel suis certis actornatis latoribus presentium sasinam totius et integri predicti nostri burgi de Irvin cum omnibus et singulis terris tenementis dom[ibus] communitatibus portubus littoribus lie bulwarkis viis semitis custumis ancboragiis privilegiis libertatibus immunitatibus proficuis commoditatibus lie outsettis partibus pendiculis dictique burgi nostri pertinentiis quibuscunque seu quarum prefecti [burgi nostri communitatas] quovis tempore preterite in possessione fuerunt Secundum formam et tenorem predicte carte nostre quam de nobis inde habent justi baberi faciatis et sine dilatione Et hoc nullo modo omittatis Ad quod faciendum vobis et vestrum cuilibet conjunctim et divisim committimus potestatem Datum sub testimonio nostri magni sigilli apud Dalkeyth primo die mensis Maii anno Domini millesimo sexcentesimo primo et regni nostri tricesimo quarto Post cujusquidem precepti sasine prelecturam et publicationem prefati Gulielmus Stevinstoun officii tenoreque dicti sasine precepti personaliter existentes super solum terrarum aliarumque subscriptarum propriis suis manibus statum et sasinam heredi- tariam pariter et possessionem realem actualem et corporalem totius et integri predicti burgi de Irving cum omnibus et singulis terris aliisque subscriptis eidem spectantibus et pertinentibus videlicet omnium et singularum terrarum et tenementorum infra dictum burgum jacentium totarum et integrarum terra- rum vulgo vocatarum lie burrowlandis alias Montaber, Gallowmure, Knodger [hill] Newmure Hiemyre Guldelandis Weirisholme Inner et Utter Bogfauldis unacum integris pascuis lie wardis pratis acris communitatibusque infra dicti burgi territorium aliisque quibuscunque per ipsos possessis et de ipsis Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 95 immediate perprius tentis unacum aliis et singulis terris tenementis annuis redditibus viis semitis "aliisque quibuscunque dicto burgo ejusve libertati pertinentibus cum omnibus portubus littoribus lie harbries et bulwarkis Cumque omnibus custumis anchoragiis privilegiis libertatibus immunitatibus proficuis commoditatibus lie outsettis do[mibus] pendiculis dictique burgi pertinentiis quibuscunque seu quarum prefecti ballivi consules vel ejusdem burgi communitas quo vis tempore preterito in possessione fuerunt vel de ipsis immediate tente fuerunt Prefatis Patricio Trane preposito et Thome Cuming [Joanni Peblis] Niniano Barcley et Archebaldo George quibusdam consiliariorum dicti burgi pro seipsis et nomine dicti burgi et reliquorum communitatum ejusdem Per deliberationem Ulis personaliter presentibus et acceptantibus terre et lapidis fundi dicti burgi terrarumque elope et hopper molendinorum ejusdem et unius denarii ut moris est Secundum tenorem dicti sasine precepti dederunt contulerunt et deliberarunt Super quibus omnibus et singulis premissis dicti prepositus ballivus et reliqui consilii suprascripti burgi et com- munitatis ejusdem a nobis notariis publicis subscriptis sibi ipsis fieri petierunt hoc presens publicum instrumentum seu instrumenta Acta erant hec apud crucem foralem dicti burgi necnon super solum et fundum dictarum terrarum molendinorum aliarumque singulatim et successive per se horas inter decimam ante meridiem et secundam post meridiem sub anno die mense et regno quibus supra Presentibus ibidem Thoma Boyd Alexandro Montgomerie Alexandro Cunynghame Hugone Quhyit Roberto Craig conburgensibus dicti burgi et Olivero Broun uno officiariorum ejusdem testibus ad premissa vocatis pariterque rogatis. Et ego vero Laurentius Scott Glasguensis diocesis notarius publicus, etc. Ante omnia Veritas. L. Scott, N. P. Et ego vero Hugo Garvene Scriba balliatus de Cunynghame clericus Glesguensis diocesis regia auctoritate notarius publicus, etc. H. G. N. P. In te salutis spem posui mese. Digitized by IVIicrosoft® 96 MUNIMENTS OF THE BURGH OF IRVINE. Abstract. Instrument of Sasine, proceeding on the precept following on the fore- going charter, dated at Dalkeith 1st May 1601, by which Patrick Trane, provost of the Burgh of Irvine, Thomas Cuming, one of the bailies, John Peblis, Ninian Barclay, and Archibald George, councillors of the said burgh, for themselves and in name of the burgh and community thereof, receive from WiUiam Stevinstoun, bailie depute of Cuninghame, and Hugh Scot, co-burgesses of the said burgh, bailies of Cuninghame in that part, to whom the precept was directed, sasine of the foresaid Burgh of Irvine, with the Burro wlandis, etc., all as contained in the preceding charter. Done at the Market -cross of the said burgh, and on the various lands and others specified, in presence of Thomas Boyd, Alexander Montgomerie, and other burgesses, 1st September 1601. 56. Summons at the instance of the Magistrates of Irvine, against the Owners of Lands, etc., in the Burgh, to produce and exhibit their Charters. — 24,th December 1602. James be the grace of God King of Scottis to our lovittis oure Shireffis in that pairt conjunctlie and severalie speciallie constitute greting fibrsamekill as it is humelie menit and schawin to us be our lovitis Archibald George provest Alexander Dunlop and William Patoun baillies for thameselfis and in name and behalf of the counsale and communitie of our Burgh of Irving That quhair thai have guid and undoubtit richt to our said burgh with all landis tenementis houssis biggingis yairdis pairtis pendicles and pertinentis of the samyn as the infeftmentis seasingis richtis and tittillis maid to thame and thair predicessoris thairupoun at mair lenth proportis And trew it is that the personis efter nominat bruikis joissis and possessis all and sindrie the landis tenementis and utheris particularlie underwritin lyand within the friedome and libertie of our said burgh ilk ane of thame for thair awin pairtis as is efter devydit To witt And thairfoir necessar it is to the saidis complaineris to knaw be quhat richt or tittill the foirnemit personis bruikis and joissis the landis tenementis and utheris abone writtin and intromet with the proffittis and dewteis Digitized by Microsoft® BURGH CHAETEES AND WEITS. 97 thairofF Nevertheless the foirnemit personis wrangouslie reffussis postponis and difFerris to exhibite and produce befor the lordis of our Counsale all and sindrie Infeftmentis charteris preceptis instrumentis of seasing confirmatiounis and utheris securities quhatsumevir maid to thame or thair predicessoris or authouris of the Landis and utheris abone writtin to the efifect that the saidis complineris may knaw the contentis thairof viz. be quhome and to quhome the samyn ar maid and grantit how the samyn ar hauldin and quhat yeirlie dewtie provisiounis and claussis irritant ar thairin contenit and thairupoun may intent actioun of reductioun or improbatioun of the samyn as accordis of the law without thai be compellit Oure wiU is heir- for and wee charge you that ye lawfuUie summond warne and charge the fornemit personis personallie or at thair duelling places and the tutouris and curatouris of the saidis minoris gif thai ony have for thair enteress be open proclamatioun at the Mercat Croce of our burgh of and utheris places neidfuU to compeir befoir us and our Counsale at Edinburgh or quhair it sail hapine us to be for the tyme the day of in the hour of cans with continuatioun of dayis bringand and exhibitand with thame befor the saidis lordis of our Counsale all and sindrie infeft- mentis charteris preceptis instrumentis of seasing confirmatiounis and utheris richtis and securities quhatsumevir maid to thame or ony of thame thair predicessoris or authouris of the foirsaidis landis tenementis and utheris particularlie abone writtin with the pertinentis or ony pairt thairof quharby thai bruik and joise the samyn and intromet with the proffittis and dewteis thairof of quhatsumevir dait or daittis tennour or contentis the samyn be To be sene and considderit be the saidis lordis of our Counsale and to heir and sie the autentik copeis and doubillis thairof under our clerk of registeris hand writt decernit to be delyverit to the saidis complineris upoun thair ressonabill expenssis To the effect that thai may knaw the contentis thairof and thairupoun intent and persew actioun of reductioun annulling or improbatioun of the samyn as accordis of the law or ellis allege ane ressonabill caus quhy the samyn sould not be done with certificatioun to thame as effeiris — According to justice as ye will answer to us thairupoun The quhilk to do we committ to you conjunctlie and severalie our full power be thir our lettres delyvering thame be you dewlie execute and indorsate agane to the berar Gevin under our signet at Edinburgh the xxiiij day of December and of our regne the xxxvj yeir 1602. Ex deliberatione Dominorum Consilij. A. Kynneik. VOL. I Digitized by IVIicrosoft® 98 MUISriMENTS OF THE BUEGH OF IRVINE. 57. Act by the Committee of Estates anent the Repayment by the Burghs of 150,000 Gilders, borrowed from the Factors at Campvere. — 20th January 1641. At Edinburgh the twentie day of Januar j"" vj° and fourtie ane yeiris The Lordis and utheris of the committie of the Estaittes of Parliament under- standing that the Commissioneris of the Burrowes at thair desire had undertaken the advancement of ane hundreth and fiftie thousand gilderis debursit be James Weir Thomas Cunynghame and James EUeis factoris at Campheir at the desire of the Estaittes of this Kingdom conform to the declaration given in be the saids Burrowes in November last and ane act of the saidis Burrowes of the dait the eightene of this instant quhairby they obleist thair burghis for payment of the foresaid soume to the saidis factoris betwixt and the threttene day of May nixt Thairfoir the saidis Lordis and utheris of the saidis Committie of Estaittes ordanes all persones of quhat- somever qualitie residing within the shireffdome quhair any of the saidis burghis ar situate quhen they shalbe requyrit be any of the saidis Burrowis quho shall advance thair proportionall pairt of the said soume to subscryve such bandis or securities for thair releiff as shalbe presentit to them And the refuiseris to be censured and punished according to the former Act of the said Committie of Estaites of the daitt the twentie sext day of November last. Lykas also the saidis Lordis and utheris of the said Committie of Estaites of this Kingdome for thair farder securitie bindis and obleissis the Estaites of this Kingdome to repay to the saidis Burrowes the said soume compting for ilk hundreth gilderis the soume of ane hundreth and eight pundis Scottis and that betwixt and the said threttene day of May nixt And sua lang as the samyn sail remane unpayit efter the said day Lykas also it is heirby declarit that the saidis Borrowes shall have libertie of retentioun in thair awine handis of quhatsomever farder taxatioun or impositioun shalbe imposit upoun them efter this dait At leist sua meikle thairof as will satisfie and releive them of the annual-rent of the proportioun of the said soume undertakin be thame as said is And siclyke the saidis Burrowes shall have all the uther immunities contained in the said former act and declaratioun inssert in the buikis of the said Committie of Estaites upoun the said twentie sext day of November last by past And last the said Committie of Estaittes does heirby bind and obleis Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 99 the Estaittes of this Kingdome to warrand and releive all and everie persone that shall bind and give securitie to the saidis Burrowes or ony particular persone within burgh for the caus forsaid off all danger perrill inconvenient or prejudice quhatsomever quhilk they or thair ares or executoris may sustaine or incure thairthrow in ony tyme heireftir Sic subscribitur Montrois Cassillis Lindesay Burghly S. D. Home Craighall S. J. Hamiltoun S. P. Murray Thomas Hope [Mr. T. Nicolsoun ?] Edward Edgar James Scott. Extractum de libris actorum prsedictorum Dominorum Commission- ariorum Parliamenti Per me Eg. Hepburnb. 58. Ratification by Parliament of the Rights of the Burgh of Irvine. — 17 th November 1641. In the Parliament haldin at Edinburgh the sevinteine day of November the yeir of God j" vj" fourtie ane yeires. Our Soveraine Lord and Estates of Parliament ratifies and approves the foure Chairtoris and Infeftmentis and utheris respective efterspecifeit videlicet ane chairtor grantit be King Robert the Secund to and in favouris of the burghe of Irving and burgessis theirof giveand libertie to them allennerlie to use their merchandice and injoy the samin frielie within the haill boundis borderis and mairches of the haill baronies of Cunynghame and Largis annexit to the liberties of the said burghe and dischairging any utheris to disquyet thame theirintill With power also to them and their successouris to hold and posses the said burghe in ane frie burghe with all priviledgis and liberties als frielie and honorabillie as any uther burghe within the kingdome With the libertie of gild and to make gildbrether in maner conteinet in the said chairtor quhilk is of the dait the aucht day of Apryle in the secund yeir of his Majesties regne and confirmed be King Eobert the tbrid upon the secund day of Januar in the first yeir of his regne And ane uther chairtor of confirmatioun grantit be umquhile King James the fourt to the said burghe of Irvin baillies and commountie theirof Eatifieing and approveing the haill priviledgis liberties and immunities quhatsomever grantit of befoir to the said burghe conteining ane priviledg of Replegiatioun grantit to the said burghe ffor Eeplaidging and Eeduceing of quhatsomever burges or burgessis indweller or indwelleris within the samin burghe that Digitized by IVIicrosoft® 100 MUNIMENTS OF THE BURGH OF IRVINE. sail happin to be attatchit or areistit to quhatsomever court or courtis befoire quhatsomever judg or judgis to the libertie of the said burghe of Irving and that they within the samin burghe sail underly the law be ane assyse of the nichtbouris of the samin Quhilk chairtor is daitit the aucht day of August j"" v" and ellevin yeiris With the haill actis of Replegiatioun grantit in favouris of the said burghe of Irving be vertew of the chairtor foirsaid Ane uther chairtor under the great seill grantit be umquhile King James the sext with advyse and consent of his hienes Eegent for the tyme to the said burghe of Irving and their successoris off all and quhatsomever landis houssis tenementis bigingis kirkis chaplenries yeardis orcheardis annuellrentis and utheris quhatsomever quhilkis perteinet to quhatsomever chaplenries altarages prebendaries chapellis or coUedgis within the said libertie of the said burghe of Irving And sex boUis of moulter or suckin quhilkis perteinet to the Carmeline freires of the said burghe and wer upliftit be them furthe of the landis of Ormisheuche Reddinghill and Hoalhous lyand within the bailliarie of Cunynghame and all uther annuell- renfis quhatsomever perteining of befoire to the saidis freires within the said burghe and libertie theirof daitit the aucht day of Junij j™ v" thriescoire twelff yeires And ane uther Chairtor of Confirmatioun under the great seill grantit be the said umquhile King James the sext ratifieand and approveand all and quhatsomever Infeftmentis and Chairtoris grantit be his Majestic and his hienes predicessouris anent the erectioun and creatioun of the burghe of Irvine in ane frie burghe royall with all liberties immunities priviledgis and commodities quhatsomever conteinet thairintill Quhilk chairtour conteines ane claus de novodamus in fa,vouris of the said burghe of Irving and thair successouris off all and haill the burghe of Irving with the landis and tenementis lyand within the samin The landis callit the burrow landis alias Montaber Gallowmure Knodzerhill New mure Hiemyre Auldelandis Weirisholme Inner and Utter Boigfauldis with the haill pasturage or wairdis meidowis aikeris and commountie within the said burghe With all and sindrie utheris landis annuellrentis mylnes moulteris fischingis and utheris quhatsomever perteining to the said burghe with all seaportis or harbories and bulwarkis perteining thairto With all casualities anchoragis priviledgis and liberties belonging to the samin With power also to the provest and baillies of the said burghe and their successoris to keip and hold Justice and Shereff Courtis within the liberties of the said burghe to punische mahfactoris conforme to the lawis of this realme and to Digitized by IVIicrosoft® BUEGH CHAETEES AND WEITS. 101 dispone iipon thair escheitis to the use of the said burghe With the priviledg of yeirlie faires and weeklie mercatis in maner specifeit in the said chairtor quhilk is of the dait the first day of May j" vj° and ane yeiris with all that hes followit or may follow upon the saidis foure chairtouris To be haldin in maner specifeit in the saidis ffoure chairtoris and Infeft- mentis in all and sundrie the heidis poyntis articles claussis circumstances and conditiounes conteinet in the saidis foure chairtoris and efter the formes and tennoris theirof in all poyntis And our said soveraine Lord and Estates of Parliament decernes and ordaines that this present Ratificatioun theirof is and sail be als valied and of als great force strenth and effect to the said burghe of Irving and their successoris as if the saidis foure Chair- toris and Infeftmentis wer at lenthe insert de verbo ad verbum heirintill Quheiranent and with all uther defectis imperfectiounes and objectiounes quhatsomever quhilkes may be proponit or objectit againes the saidis foure Chairtoris and Infeftmentis or any of them our said Soveraine Lord and Estates of this present parliament dispensis forever Extractum de libris parliamenti per me Dominum Alexandrum Gibsone Juniorem de Durie militem clericum rotulorum Registrj ac consilij supremj domini nostri regis sub meis signo et subscriptione manualibus. Alex. Gibsone, Cls. Regrj. 59. Letter from the Marquis of Argyll to the Magistrates of Irvine requiring 1000 lbs. of Powder; and Receipt therefor by Archibald Campbell of Kilmun. — Qth and 22d December 1643. Teaist Freind, You ar desyred by the publick for whom you keep some ammunition ther to delyver to Archibald Campbell of Kilmund the bearer hearof one thousand weight of poulder for the use of my men that are going out in the expedition against Allaster M'Donald and his complices. This I entreat you faill not to doe with all diligence as you would oblidge me to continowe Your loving freind to power, Argyll. Edinburgh, the 6 December 1643. Eeceaveit be me Archibald Campbell of Kilmowne tene barrallis of powder weiing in haill (ane thousand saxtie twa punds) from the Digitized by Microsoft® 102 MUNIMENTS OF THE BUEGH OF IRVINE. magistrats of the brughe of Irveine conforme to letter above wryttin and according to ane ordour sent heir with of the deat the twentie nynt of November fourtie thrie under the hand of the dark of the secreit counsell and this I testifie to be of treuth by this my not wryttine and snbscryvit with my awne hand at Irveine the twentie twa of December ane thousand sax hundereth fourtie thrie. Ar*^- C. of Kilmound. 60. Order by Committee of Estates to the Provost and Bailies of Ayr and Irvine to supply Powder to the Forces under Argyll. — 30th July 1644. (Signed by the Lord Chancellor.^) 30 July 1644. The Committie of Estates ordanis and commande the Provest and baillies of Air and Irvyn to deliver furthwith upon the sight heirof twa thousand weight of powlder out of the magasin thair to Johne Campbell to be caried for the use of those forces presentlie employed under the Marques of Argyle. I. P. D. Com. 61. Letter from ike Marquis o/ Argyll to the Provost and Bailies of Irvine, requesting 2000 lbs. of Powder for the Public Service ; and Receipt therefor by John Campbell. — ^th and 19th August 1644. LovEiNa Fkendeis : I have sent the bearer with this warrand frome the committie of Estatis to receave that twa thousand weight of powder appointed for the use of thes forces employed under my command in the publict service and therfoire thes ar moist ernestlie desyreing you to cans delyver the samen to him to the eflFect it may be haisted to me with all expeditioune possible ffor I stand in neid of it And receave this other 1 " Loudoun Cancellarius." Sir John Campbell was created Earl of Loudoun by Charles I. in 1633, and made Lord Chancellor in 1642. Digitized by IVIicrosoft® Digitized by IVIicrosoft® -^■.^^!^ ^^^^ ID '£. y a: < m CVJ > b- O w D > O Ct D. u r H o 1- _i -J >- CD < U- O 3 a: < X l- o a: LlI h h LlI _J \Digitized by Microsoft® BUEGH CHARTERS AND WRITS. 103 warrand for gaitting of the samen bak againe out of the publict magasyne So expecteing your care in the delyverie and spedie dispatche of the powder as ye respect the good of the publict service and wald obleidge me quho am your maist affectionate freind. Argyll. Ardnamurchane, 9 August 1644. [Addressed.^ For my loveing freindis the proveistes and balleis of the burrowes of Air and Irvine. Resaved be me Johne Campbell servitour to the Marquis of Argyll twentie barrelles of pouther conteineing 2000 weght from the bealyies of the brughe of Irving conformed to the desyre of the above wrytine letter as wittnes my hand this day 19 August 1644. Johne Campbell. 62. Letter from the Marquis of Argyll to the Provost of Irvine, requesting two barrells of Powder. — 27th February 1646. Loving Freind, In respect of the want of ammunitioune for the Expeditioune I intend, and because it cannot bee brought in tyme from such places quher it may bee had I most mak bold to desyr you to send with all expeditioune (as yee would oblidge mee) to Henry Kelso baylly of Largs two barrels of powder and I shall stryv to see you satisfied for it from the pubHck otherwayes I shall pay it myselfe Expecting your diligence in this I shall remane Your assured freind, Argyll. Largs 27th of February 1646. Send lykday matche proportionabll. [Addressed.^ For my loving and assured freind James Blair, provest of Irvine. Digitized by IVIicrosoft® 104 MUNIMENTS OF THE BUEGH OF lEVINE. 63. Acts by the Committee of Accounts and Moneys, for the payment of Sir John Smyth of Grottall the sums due to him for supplying Victuals and Arms to the Troops. — 1650-1651. [Copies.'] Att Perth the fyft day of Februar j" vj° ffyftie ane yeirs. The Committie of accomptis and moneyis haveing sein and considderit ane Act and precept of the committie for the provisione of the armie daitit the tent day of August last ordaining Johne Denholme Commissarie for the armie for the time to give assignment upon the mantenance of the Schyrs and Burghes specifeit in the said Act, viz. The Schyres of Lanark Aire and Ranfrew and Burghes thairoff To and in favouris of Sir Johne Smyth of Grottall Knicht now general Commissar for payment to the said Sir Johne of twelflf thousand pund Scotis as for the price of 1200 boUes of oats and oat maill for the use of the armie at ten pund the boll And further ordaineing the said Johne Denholme to give assignement to the said Sir Johne Smyth upon the said mantenance for payment to the said Sir Johne of the prices of sevin hundreth ffourscoire threttine stand of armes furneist be the said Sir Johne to the armie The price of which armes is be the said Act declaired to be 20 merks for ilk stand of armes as the said Act proports And in respect that the said Sir Johne Smyth as yet lyes furth of the payment of the forsaids prices of the said victuall and armes in respect the said former act and precept grantit to him for payment thairoflF is becume ineffectuall be reasone of the troubles of the Kingdome And it being just and reasonable that the said Sir Johne be thankfuUie satisfiet of the samyne as being furneist be him in a tyme so necessarie and seasoneable for the publict use Thairfore the said Committie of accomptis and moneyis undersubscryveand ordanis the said Sir Johne Smyth to be payit of the said twelff thousand punds Scotis as the price of the saids 1200 bollis oats at ten pund the boll and of the saids sevin hundreth ifourscoire threttine stand of armes at 20 merks the stand conforme to his said former precept and allowes and grants warrand to the said Sir Johne Smyth to pay himself of the saids soumes out of the first end of the mantenance of the Kingdome for August and September last not already assigned be precepts and failzieing thairoff out of any other publict dewis and ordains the saidis haill soumes to beare annual rent till the some be payit. Digitized by Microsoft® BUEGH CHAETERS AND WEITS. 105 Sic subscribitur. F. Belsches Ard. Blair Ja : Sword A. Hepburne George Gardin Ja : Murray S" J. WaUCHOP J. WiGGLY W. Scott J. Couper Eo : Hepburne J. Bower. This is the trew copie of the originall Actes which were in my custodie to be made furthcomeing to the Magistrates of Irevine upon demand. Subscryveit att Edinburgh the fyft day of February j" vj° threescore one yearis befor thir witnessis Hugh MakcuUoch wryter in Edinburgh and James Simsone servitour to Sir John Smyth. S. J. Smyth. Hugh MakcuUoch, witnes. James Symsone, witnes. flforsameikill as Sir Johne Smyth of Grottall Knicht hes furnisched for the use of the armie at Leith certane great quantities of meill and oatts amounting to twelfF thousand punds Scotis As also their is dew to hitn neir sexteine thousand merks for certane other furneisching to the armie as by ane warrand sail appeir quhilk is directit to me by the Eychfc Honourable the Committie of Provisiones ordering me to give the said Sir Johne precept upon some Schyres for payment of the same, in obedience to the quhilkis ordour thaise are to desyre you eftir sicht heiroff to cans pay to the said Sir Johne or his ordour the mantenance dew by your Schyre both for burghe and landwart and that for the twa monethes of August instant and September nixt to cum Quhilk twa monethes are only appoynted by the Parliament for paying of the provisiones of the armie receaved then at Leith tak receipt for what ye sail pay for quhilk with this salbe your sufficient warrand. Edinburgh 15th August 1650. Sic subscribitur. Jo : Denhame. ffor the Eycht Honourable the Lords and others of the Committie of Warr of the Schyre of Aire, thais. This is the just and treu copie of the originall precept above writtine which are in my custodie to be made furthcomeing to the Magistrates of Irvine upon demand. Subscryveit at Edinburgh the fyft day of February VOL. I P Digitized by IVIicrosoft® 106 MUNIMENTS OF THE BURGH OF IRVINE. j" vj" threescore one yearis befor thir witnessis Hugh Makculloch wryter in Edinburgh and James Simsone servitor to Sir John Smyth. J. Smyth. Hugh Makculloch, ivitnes. James Symsone, witnes. Nota. — The Provest is to returne ane Act of their Towne Counsell subscryveit be their Clerk declareing that notwithstanding of his discharge yit the towne hes payed no more bot tuo hundreth pound with a proviso in ther Act that the said Act sail militat nothing to the prejudice of the towne in any tyme heirefter. 64. An Ordinance for Distribution of the Elections in Scotland. — 2,7th June 1654.^ For the Broughs of Lannerike, Glasquo, Eutherglen, Rothsay, Renfrew, Aire, Irvinn, and Dunbarton, one, and the place of meeting for the Election of such person shall be at Glasquo. 65. Summons against the Burghs of Ayr and Irvine for Arrears of Maintenance Money, due for August and September 1650. — 2,1st March 1659. Richard Lord Protector of the Commonwealth of England Scotland and Ireland and dominions therto belonging To our messingeris and shereffes in that pairt conjunctlie and severallie constitut greiteing fforsameikle as it is humbly meanit and schawen to us be Sir Johne Smythe of Grottall Knycht That whair the Committie for provisione of the late Scottish armie by ther warrand direct to Johne Dennhome ther general Commissar of the Scottes armie haveing ordained the said Johne Dennholm to give precept to the said complinere ffor answereing and paying to him the soume of twelve thousand pounds Scottes money for certain quantities of meall and oattes and also for sextein thousand merkes money foirsaid for certaine other furnishing furnished be him to the said armie as the said warrand daited the tenth day of Agust j" vj" fiftie yeirs at mair length beirs In obedience to the which warrand the said Johne Dennhome did give and grant to the said complinere ane precept drawen upon the Committie of Warr of the Schire of Air both for brughe and landwart for 1 Ads of the Parliament, vol. vi. 2, p. 823. Digitized by Microsoft® BUEGH CHARTEES AND WEITS. 107 answereing and payeing the said perse wer conforme to the order the mantinance dew be the said Schyre both for brughe and landwart and that for the twa monethes of Agust and September j" vj° fiftie yeirs as the said precept of the daitt the ffifteinth day of Agust j"" vj" fiftie yeirs at mair length proports Neverthelesse the proveist baillzies counsall and communitie of the brughes of Air and Irving and others lyabell in peyment of the saids twa monethes mantinance of Agust and September the said yeir j"" vj° fiftie yeirs dew and addebted foorth of the saids twa Borrowes of Air and Irrving will on nawayes answer obey and make peyment to the complinere his factors servitors and uthers in his name of the saids twa monethes mantienance extending to the particular quantities under writtin aither of the saids brughes for ther owne pairts as is efter divydit, viz. — [The said brughe of Air of the soume of ane hundreth fiftie twa pounds Scottes money monethlie for the saids two monethes]^ and the said brughe of Irving of the soume of ane hundreth and four scoir pounds monethlie of the saids twa monethes conforme to the said warrand and act of the Committie of Provisioune and precept above -written in all poynts without they be compellit as is alledgit Our Will is heirfore and we chairge you that ye lawfuUie summond warne and chairge the saids proveist bailzies and counsall of the saids twa borrowes [of Air and] Irrving personallie or at ther dwelling places and the communities of the saids twa brughes be oppen proclamatione at the mercate croces of Air and Irrving upon twentie ane dayes warning to compeir before our Commissioners for administratione of justice to the people in Scotland att Edinburgh or quher it shall happen them to be for the tyme the day of in the hour of caus with con- tinuatione of dayes to answer at the instance of the said compliner That is to say To hear and see the premisses to be suflBcientlie proven to be of veritie And the samyen being swa verified and proven the saids persones defendars to hear and see themselves decerned be decreit of our saids Commissioners to make peyment to the saids compliners his factors servitors and uthers in his name of the saids twa monethes mantinance extending to the particular quantities under writtine aither of the saids brughes for ther awn pairts as is efter divydit, viz. [The said brughe of Air of the soume of twa hundreth fiftie twa poundis Scottes money monethlie the saids twa monethes] and the said brughe of Irving of 1 The sentences within brackets are scored out in Original. Digitized by IVIicrosoft® 108 MUNIMENTS OF THE BURGH OF IRVINE. the soume of ane hundretli and ffour scoir pounds monethlie the saids twa monethes conforme to the said warrand and act of the Committie of Provisioune and precept above writtin in all poynts Or els to compeir and alledge a reasonable cause why the samyen should not be done With certificatioune to them giff they failzie our saids Commissioners will desern in maner foirsaid And give the saids defenders shall failzie to compeir the foirsaid dyett that then your messengers of armes passe of new and lawfuUie summond warne and chairge the saids proveist baillyies and counsall of the saids brughes of Air and Irrving personallie and the communities of the saids twa brughes be oppen proclamatione at the mercatte croces foirsaids upon sex dayes warning to compeir personallie before our saids Commissioners att Edinburgh or quher it shall happen them to be for the tyme the day of in the hour of cans with continuatione of dayes to hear and see all necessar probatioune received led and used in the premisses give neid beis and to give and depone ther oathes of verity upon the poynts of the saids summonds sua farr as shall not be proven be wryt With certificatioune to them giff they failzie they shall be halden as confest upon the premiss And decreit given against them in the said matter according to justice At tour that ye lawfuUie summond warne and chairge to compeir before our saids Commissioners the saids day and place in the hour of cans with continuatione of dayes to beir leel and suithfast wittness- ing in sua farr as they know or shall be speired off them in the said matter under all highest paynes and charge that efter may follow as ye will answer to us thairupone The quhilk to doe we committ to you conjunctlie and severallie our full power be thir our letters delyvering them be you dewlie execut and indorsat again to the bearer Givin under our Signett att Edinburgh the last day of March 1659. By warrand of the Commission eris for administratione of Justice to the people in Scotland. John Muiee. Secundo Aprilis 1659. [iVbte on Back.'] In regard ther wer severall necessaries furnisht be the said burgh of Air to the army these tuo monethes. Digitized by IVIicrosoft® BUEGH CHARTERS AND WRITS. 109 66. Order hy the Lords of Privy Council to the Magistrates of Irvine, to liberate John Reid under caution. — 29th September 1670. Att Edinburgh the twenty nynt day of September j" vj*" and seventie yearis : Anent a petition presented be the magistratis councill and com- munitie of the burgh of Irving shewing that John Reid one of the burgesses of the said burgh being apprehended and imprisoned within the burgh of Irving for his alledged accession to the slaughter of the deceast Alexander Kennedy servitour to Sir Alexander Cunyngham of Robertland be vertue of a warrand from some of the councill And seing the supplicants are ready to make it appear that the said Alexander Kennedy was the only occasion of the woundis quhich he receaved and of which it is alledged he dyed And that the supplicants are ready to exhibit the said John Reid to justice when ever he shall be called Humbly therefore supplicating that order and warrand might be granted to the effect under wrytten The Lordis of his Majestie's privie councill haveing heard and considered the forsaid petition doe hereby give order and warrand to the magistratis of Irving to set the said John Reid to liberty upon sight hereof in reguard they have found caution under the payne of one thousand merks to produce the person of the said John Reid to underly the law for th§ said alledged cryme when ever he shall be cited. Extracted by me. Al. Gibsone. 67. Order by the Privy Council regarding the process for the Slaughter of Alexander Kennedy. — 12th January 1671. Edinburgh the tuelt day of January 1671. The Lords of his Majesties Privy Councill haveing considered ane accompt of depositions of the witnesses cited for the part of the burgh of Irving anent the slaughter of the deceast Alexander Kennedy together with a bill given in be Sir Alexander Cunyngham of Robertland master to the defunct desyring the said matter might be remitted to the Justices as only propper judges thairto, at least that warrand might be granted for citeing such witnesses as he should condescend upon to clear the maner of the said slaughter be way of presumtion before any farder procedour The Digitized by Microsoft® no MUNIMENTS OF THE BUEGH OF IRVINE. saidis Lordis doe hereby grant warrand for directing of letters at the instance of the said Sir Alexander for citing of such witnesses as he will adduce for proveing of the said slaughter And lykwayes allowes the magistratis of Irving letteris for citeing any moe witnesses they will make use of either in relation to the forsaid slaughter or upon what occasion the said Sir Alexander came to the toune of Irving and what his cariage was thairin Lykas the Councill notwithstanding of any former remitt to the Justices declares they will take cognition of the matter themselves and discharges the justices to proceid thairin. Ext. 68. Act of the Lords of Privy Council acquitting the Magistrates of Irvine of the Slaughter of Alexander Kennedy, servitor of Sir Alexander Cuninghame of Rohertland. — 9iA February 1671. Att Edinburgh the nynt day of fFebruarij j*" vj° and seventie one yeares anent our Soveraigne Lords letters raised at the instance of the magistrates councill and communitie of the burgh of Irving makeand mention That whereupon the twelt of September instant Sir Alexander Cunynghame of Robertland with some of his servants having come into the said burgh and amongst them Alexander Kennedy servitor to the said Alexander Cunynghame of Eobertland weell mounted with swords and hulster pistoUis and plate-sleives The said Alexander Kennedie in his passage throw the street of the said burgh did invade some Irish merchants who stood upon the street pretending they were laughing at him and drew out a pistol! threatning to shoot them whereupon the saids strangers fled to ane shope he following them on horsback to the shope doore Thereafter the said Alexander having ridden downe the street and having lighted from his horse and comeing up in great furie and the said provest being then upon the street and understanding that he intended to attack the saids strangers he called to him desyreing him to preserve and keep the peace in a civill burgh and iff any wrong was done desired him to complaine and he should have redress Whereupon he disdainfuUie answered that he scorned to complaine bot he should make these persones the first compleaners So that such of the compleaners as were present did command the towne officer to secure him untill he should secure the peace Lykeas the said officer havino- offered to secure him he the said Alexander Kennedie drew furth his sword and perseued the said provest compleaner the officer having withdrawne Digitized by Microsoft® BUEGH CHAETERS AND WEITS. Ill to gett his halbart which he wanted for the tyme Whereupon the cry rose that the provest was persued for his lyfe Severall of the tounsmen and others present seing the same rune to long poUes which were lying one the street and did rune in to the defence of the magistrat and the said Alexander Kennedie persueing the provest and the saids persones, stricking at all quarters round about him with his naked sword he received severall strocks both frome the officer after he was returned with his halbart and from the people with the saids poUes upon the head and shoulders untill in the end he fell Whereupon the magistratis ffinding some others of Sir Alexander his servants come in for his rescue shooting pistoUis amongst the saids persones who were defending the magistrats whereof one snaped a pistoU at the provests head Bot by providence the pistoU did not fyre and which persone was pulled from his horse and the pistoll taken from him found loden And the rest reteiring the magistrats commanded the people to reteire and did carefuUie attend the said wounded person untill within ten dayes he dyed. And anent the charge given to David Kennedie of Knoknarling neirest of kin to the said deceast Alexander Kennedie and the said Sir Alexander Cunynghame his master to have compeired personally and to have heard and sein precognition and previous tryeall of the way and maner of the forsaid slaughter and the Justices discharged to proceid to the tryall of the said matter as the saids letters executiones and indorsationes thereof at length proports Whilk being called and James Blair present provest of Irving for himself and in name and behalf of the said burgh compeirand personallie and the said Sir Alexander Cunynghame compeirand also personally The Lords of his Majesties privy councill having at length heard and considered the depositiones of divers famous witneses ledd and adduced for both parties anent the slaughter of the said deceast Alexander Kennedie and the way and maner thereof Doe ffind that the magistrates of the said burgh of Irving are innocent of that slaughter and that the same could not be imputed to them and therefor doe discharge the Lords Commissioners of Justiciary to susteane any criminall persute against the saids Magistrates upon the accompt of the said slaughter Lykeas upon divers important consideratipnes the saids Lords doe think fitt to take to themselves the consideration and tryeall of John Eeid burgess of the said burgh of Irving his accession to the said slaughter and what censure and punishment should be inflicted upon him and discharges the Lords Commissioners of Justiciarie to sustein any criminal! Digitized by IVIicrosoft® 112 MUNIMENTS OF THE BUEGH OF IRVINE. proces against him befor them upon that accompt And recomends to the Lord Advocat to raise a lybell against the said John Eeid befor the councill to the effect forsaid. Extracted by me Thomas Hay. Air, May 8, 1671. The abone writtine Act of Councill being produced in ane Justice Court holdine be Alexander Lord Halcartoune and Sir John Baird of Newbyth tuo of the Comissioners off Justiciarie and being publictlie read in face off Court wes allowit and admitted be them In testimonie quhairoff thir presents ar subscryvit be me Master Thomas Gordon clerk to the west and south Circuit Courts. Tho : Gordone. 69. Letter of Gift by King James VII. to the Burgh of Irvine, of an Impost upon Ale, Malt, and Wine. — l^th October 1688. [Translation.] Ane Coppie of the Letter of Gift in favouris of the Burgh of Irving of the Impositione upon Ale Bear and Wyne translated from the Latine into English. James be the grace of God King of Great Brittain ffrance and Ireland defendar of the faith To all good men to whom thir present Lettres shall come Greiting fforsuameikle wee considdering That our burgh of Irving is one of the Royall burghs of this our ancient Kingdome of Scotland And that the Magistrats and Inhabitants of the said burgh were alwayes firme to our Eoyall service and interest and wee understanding that the yearlie revenues of the communitie of the said burgh is no wayes sufficient to defray the debts and other incident charges of the said burgh and that the samen burgh is redacted to great povertie by the decay and ruine of the Bridge and Key therof and is rendered altogether unable to pay the debts therof already contracted so that it is neither able to help the merchants and tradsmen living within the said burgh nor to keep up the Church and calseys and pay other incident charges therof And Wee being also very desyreous to assist the Magistrats of the said burgh every maner of way whereby they may promote the publick good and advantage of the inhabitants thereof and may be the better able to serve us in tyme to come Therefore witt yee us To have given granted and Digitized by Microsoft® BURGH CHARTERS AND WRITS 113 disponed and be thir presents jffor the reasons forsaid and diverse other causses and considerationes Give grant and dispone to the Proveist Baillies and Counsell of the said Burgh of Irving in name of the Com- munitie thereof ane Imposition of four pennies money of this our Kingdome of Scotland upon every pynt of ale or beir browen imported or sold within the said burgh With power to the saids Magistrats either to exact the forsaid imposition upon ale or beir as is above mentioned, or the pryce of tuo merks money forsaid upon every boll of malt browen within the said burgh and Liberties therof And ffurther Wee Give grant and dispone to the proveist baillies and Counsell of the said Burgh of Irving present and to come in name of the Communitie thereof ane Imposition of ffourtie pounds money forsaid upon every Tunn of French wynes And the lyke soume of ffourtie pounds money forsaid upon every butt of Spanish wyne imported and sold within the said burgh and Liberties of the same Which Impositiones upon ales and other liquors forsaid Wee hereby declair shall be without prejudice of the ordinary excise and custumes granted to us by Act of Parliament And Lykewayes Wee will and declair that the forsaids Impositions shall continow and take effect ffor the space of nyntein years nixt and immediatlie following the feast and terme of Witsunday in this instant year of God j"" vj" ffourscore eight years ffrom which tyme Wee ordaine the samen to beginn And be thir presents Wee grant full power to the Proveist Baillies and Counsell of the said burgh present and to come to nominat Collectors of the forsaids Impositions or to ferme the samen as they shall see fitt And if neid beis to poynd and distrenzie for the samen, and to doe aU other things for the effectual ingathering thereof sicklyke and als freelie in all respects as any other royall burgh does or by the law by gifts and letters of the like nature granted by us or our illustrious brother of ever blessed memorie may doe In testimonie whereof Wee have appointed our Great Seal to be appendit hereunto att our Court att Whytehall the eighteinth day of October in the year of God j" vj° ffourscore eight and ffourth year of our Eeigne. Superscribed by Signature of the hand of our So/ Lo/ the King. \Bached thiis.^ Written to the Great Seal and registrat the sexth day of November 1688. (Suhscryveit thus.) Pat : Murray, Dp'- Sealled att Edinburgh the sixt day of November 1688. {Suhscryveit thus.) J- Hay. VOL. I Q Digitized by Microsoft® lU MUNIMENTS OF THE BURGH OF IRVINE. 70. Extract Act of Parliament in favour of the Burgh of Irvine on their Petition against the Impost on Ale and Wine, etc. — 2Qth May 1690. [Copy.] Att Edinburgh the tuentieth day of May j"" vj'' and nyntie years : Anent the Petition presented to his Majesties High Commissioner and the Estates of Parliament by the provost baUlies counsell and community of the brugh of Irving, mentioning that quhair in the years j" vj° and eightie-sevin and j"" vj° and eightie- eight the provost baillies dean of gild thesaurer and toun counsell of the said burgh were illegallie imposed upon the petitioners by ane arbitrary power, and they were scarce in the Magistracy when they began to contract debts liberally And particularlie three thousand merks from John Craig merchant in Glasgow, and tuo thousand merks from John Bryce merchant citizen of Dubline, ffor quhich they gave Bands bearing annual rents and penalties obleidgeing them and their successors in office ; and with the said flfyve thousand merks (as wes pretendit) they purchased a gift of a plack upon the pynt of all Ale and Bear browne vended and sold within the said burgh containing also ane imposition upon other liquors therein mentioned Wherefore the said illegall and unwarrantable gift and imposition ought to be declaired void and null ffor the reasones following, viz. Primo, Becaus the said gift wes illegallie and unwarrant- ablie imposed upon the said burgh against the freedome of the subject and Clame of Eight. Secundo, The said gift wes procured after the report of the Prince of Orange now King his comeing to Britain wes publick, and his declaration declairing these impositions and the imposeing Magistrats upon burroughs to be breaches of their priviledge and contrair to law. Tertio, The Magistrats and others granters of thir Bands were not the representatives of the burgh nor elected by the common counsell or burgesses thereof. But were commissionate by the late King James, and so their Deeds and Bands can only obleidge themselves and their con- stituents, but not the burgh who had no interest in their election and admission to be magistrats and counsellers, and especiallie in this case where they acted in re illicita in borrowing money for procureing a gift or laying on ane imposition upon the inhabitants without their oun consent or ane Act of Parliament. Quarto, The Magistrats granters of the Bands above written, after the money wes borrowed, and before the money wes applyed, by theii* Act dated the tuentie-third day of October j" vj" and Digitized by Microsoft® BURGH CHARTERS AND WRITS. 115 eightie-eight years ordained the money to be brought from Edinburgb by Robert Wallace baillie and Alexander Broun Dean of Gild, and to have payed the said John Craig his three thousand merks and annualrents, and applyed the remander ffor paying the burgh's most pressing debts att sight of the Toun Counsell, So that they were in mala fide to apply the money to any other use, much more to have applyed the samen ffor procureing the said gift, after all such gifts were looked upon as greiveances and exprest as such in the Prince's now King his declaratione Therefore humblie craveand that the said illegall and unwarrantable gift might be declaired void, and the said burgh and present magistrats, thesaurer, dean of gild, counsell and community thereof declaired free of the saids tuo Bands and soumes of money principall, annualrents and expenses therein mentioned, and that the samen might be only a debt upon the contraeters, and burden and reach them and their oun privat fortunes, as in the said petition att more length is contained Which petition being upon the said day read in presence of the saids Estates, and they having considdered the samen His Majesties High Commissioner his Grace and Estates of Parlia- ment Granted and hereby grants warrand to macers and messengers for summonding the severall persons granters of the Bands above written, or the representatives of any of them who now might be dead And the respective creditors to whom the samen wes granted, to compear before the high Court of Parliament or commity of their number to be named by them, to consider the matter above represented upon fyffcein dayes nixt after the citatione, and to hear and sie the tuo Bonds above written reduced, and the forsaid Gift declaired null, as his Grace and Estates of Parliament should find just, or else to have alleadged ane reasoneable cause in the contrair With certificatione, etc. Extracted out of the Eecords of Parliament by me Sic subseribitur, J. Hay, Cls. Reg. I- Messinger Be vertew of the forsaid Act of Parliament in our Majesties name and authoritie summonds warns and charges you to compear befor the High Court of Parliament above written or commity of their number to be named be them to considder "the matter above represented upon the day of next to come to the eflfect above narrated or else, etc. With certification, etc. conform to the forsaid Act of Parliament in all poynts. Digitized by Microsoft® 116 MUNIMENTS OF THE BUEGH OF IRVINE. 71. Petition of the Magistrates of Irvine anent the Meal Market, and Minute of Parliament thereupon. — 1693. [Copy.] To his Grace their Majesties High Commissioner and the Honourable Estates of Parliament The Petition of the Magistrates and Common Councill of the Burgh of Irvine Humblie Sheweth That the ordinary sheltering place of the Victuall Mercat of the said burgh of Irvine whear meall corne bear and other graines used to be sett down upon the weeklie mercat dayes for sale is now changed and altered so that the meaU corne and other graines brought to the said town for sale are now exposed to raine wind and weather whereby the victuall is greatly damnified and the people about discouraged from bringeing . in thereof to the saids weeklie mercates to the prejudice of the towne and leidges living thereabouts, for redressing whereof the councill and com- munitie of the said burgh doe designe to build and erect ane mercat house for sheltering of the said victuall upon the mercat dayes and secureing the graines to be brought into the said mercat that shall not at first be bought of, from one mercat daye to one other, provideing allwayes that those who bring in victuall to the said mercat house should pay for each seek of graine (beside eight pennies which is the pettie custom thereof alreadie due to the said town) fourtie pennies farder, makeing in haill four shillings Scotts for each seek of victuall to be sheltered in the said mercat house, and which imposition many of the meall makers and other victuall merchants repaireing to the said weekly mercat are willing to pay to the said towne for their encouragement to build the said mercat house for sheltering of their victuall as said is if the same wer authorized by law as their petition heerwith produced doeth testifie. May it therefor pleas your Grace and the Honourable Estates of Parlia- ment for the said townes encouradgement in building and upholding of the said weekly mercat house to impose fourtie pennies over and above eicht pennies already payable for pettie dues makeing in the haill four shillings Scots upon every seek of meall corne bear pease beans and other graines that shall be brought to the said weekly mercats to be paid to the Digitized by IVIicrosoft® BUEGH CHAETEKS AND WEITS. 117 magistrates and towne councill of the said burgh for the use and behoove of the same in all time comeing as a pairt of their common good Com- mencing the said imposition how soon the said mercat house shall be built so as it can shelter the victuall in manner foresaid As also that your Grace and Estates of Parliament would be pleased to change the two yearly Faires of the said towne from the 20 of September and 23 of October upon which they were hitherto keipt to the last Tuesday of October and the first Tuesday of January in all time heirafter And your petitioners shall ever pray. Alex" Cuninghame. Edinburgh fifteenth Junij 1693. Their Majesties High Commissioner and the Estates of Parliament having considered the within petition given in by the magistrates and common councill of the Burgh of Irvine with ane other petition given in to the said councill by the meal makers resorting to the weekly mercat days of the said burgh they grant the desire of the within petition. TWEEDDALE CANCEL. I : P : D : Pari. 72. Grant by the King and Parliament to the Burgh of Irvine, of an Impost for repair of the Harbour and Bridge. — 12th July 1695. Ax Edinburgh the twelth day of July one thousand six hundered nyntie five years our Soveraigne Lord considering that the Harbour of the Toune of Irving is ruined and lyes in rubish and that therby the trade of the forsaid toun is quyte decayed and the inhabitants therof so impoverished that they cannot repair the said Harbour to the great prejudice of all the adjacent countrey As lykewayes that the Bridge over the Water of Irving is much decayed and if it be not repaired it will suddenly fall and ruine And also considering that in the late Government the magistrats who wer illegally imposed upon the burgh did contract considerable debts wherof ane assigned to the Hospitall of Glasgow and another due to John Bryce for both which debts ther is a proces presently depending befor the Parlia- ment Therefore his Majesty with advice and consent of the Estates of Parliament for enabling of the said burgh to repair ther said Harbour and Digitized by Microsoft® 118 MUNIMENTS OF THE BUEGH OF IRVINE. Bridge and to pay and satisfie the forsaids debts for whicli the burgh is like to be distresed and other debts to which they are lyable doth heirby Grant to the said burgh of Irving and the community therof ane Imposition of ane Marke upon each boll of Malt to be grinded at the Milnes of the said Toun and that for the space of ten years comm^nceing from the date of this Act The which Imposition is to be manadged by two persons chosen by the toun councill and one to be chosen by the other inhabitants yearlie who are to uplift and imploy the same for the uses forsaid And if need he's to use dilligence therfor at the sight of the magistrats and toun counsill And the saids magistrats councill and managers are yearly to hold compt for what they shall intromett with be vertue of this present Act to my Lord Montgomery Master Francis Montgomery of Gifl&n the Lairds of Rowallan Kilbirnie and Kelburn or the major pairt of them being on life And in case they shall find the same to be mismanaged and otherwayes imployed then for the uses for- said the saids overseers or major parte of them are heirby impowred to choise other Manadgers for rendering the disigne of this Imposition efi"ectuall And notwithstanding that the forsaid Imposition is granted for the space of ten years yet it is heirby Declaired that if within the forsaid tyme the Harbour and Bridge shall be repaired and the debts of the said toun payed that then and in that case this Imposition shall terminat and the inhabitants shall be no longer lyable in payment of the same Extracted furth of the Eecords of Parliament by us George Viscount of Tarbat, etc., Clerk to his Majestys CounsiUs Eegisters and EoUs. Tarbat, Clerh Register. 73. Assessments imposed on the Burgh of Irvine, from 1645 to 1696.^ The burgh to entertain for sex months twenty-three soldiers at £207 monthly :— 1645, vi. i. 352 b. To pay £207 monthly for 8 months : — 1646, vii. i. 540 b. To pay £252 monthly for 9 months : — 1647, vi. i. 701 b. To pay £252 monthly for 5 months :— 1648, vi. ii. 60 a. 1 General Index to the Acts of the Pwrliamient, vol. xii. p. 682. Digitized by Microsoft® BURGH CHARTERS AND WRITS. 119 To pay 252 merks for February : — 1649, vol. vi. ii. 156 b. 1302, 8s. for 3 months :— 1649, vi. ii. 238. To pay £252 for July :— 529 a. (1649, vi. ii.) To pay £180 monthly for 3 months :^530 a. (1649, vi. ii.) To pay £15 monthly for 6 months of a monthly tax of £10,000 : — 1655, vi. ii. 837 a. To pay £8, 6s. 6d. monthly for three months of a monthly tax of £5000 :— 1657, vi. ii. 849 a. To pay £9, 19s. 8d. monthly for three years of a monthly tax of £6000 :— 1657, vi. ii. 861 b. To pay £19, 19s. 4d. monthly for six months of a monthly tax of £12,000:— vi. ii. 879 b. (1659). To pay £130 monthly for a year of a monthly supply of £72,000 : — 1667, vii. 541 b. To pay 18s. of every £100 imposed on the burghs : — 1670, viii. 23 a. To pay £108 monthly for 5 months in the year for 5 years of a tax of £1,800,000 :— 1678, viii. 222 b. To pay £108 Scots monthly for 28 months of a supply of £2,019,733, 6s. 8d.— 1690, ix. 136 a. To pay £60 monthly for 6 months of a supply of £432,000 :— 1695, ix. 373 a. To pay £60 monthly for 18 months of a supply of £1,296,000 :— 1696, X. 27 b. 74. Resignation ad remanentiam hy Mr. Alexander Cuningham and others, in favour of the Magistrates of Irvine, of the piece of Ground called the Chappell, etc. — 11^^ March 1761. In the name of God, Amen. — Be it known to all men by this present instrument that upon the eleventh day of March Seventeen hundred and ^ixty-one and in the first year of the reign of our Sovereign Lord George -the Third by the Grace of God King of Great Britain, France, and Digitized by Microsoft® 120 MUNIMENTS OF THE BUEGH OF lEVINE. Ireland, Defender of the Faith, In presence of me notary publick common clerk of the Burgh of Irvine and witnesses subscriving and in presence of James Alison one of the present . baillies of the said burgh presiding magistrate for the time and of the other councellers assembled and sitting in common councill within the councill house thereof Compeared James McKerrell one of the ordinary officers of the said burgh and as procurator for and in name of Mr. Alexander Fergusson minister of the gospell at Kilwinning and John Glasgow merchant late provost of Irvine for them- selves and as taking burden on them for Loudoun Cuninghame only lawfuU son of the deceast James Cuninghame of Collellan procreat betwixt him and the deceast Susanna Cuninghame his spouse who was one of the two lawfuU daughters and heirs portioners of the deceast Mr. "William Cuning- hame surgeon late provost of Irvine, and as procurator for and in name of Grizell Cuninghame the other lawfull daughter and heir portioner of the said deceast Mr. William Cuninghame, specialy constituted by the Pro- curatory of Resignation contained in a disposition dated the fifteenth day of February seventeen hundred and fifty-three granted by them to and in favours of Edward Ker merchant and late baillie of Irvine his heirs successors and assigneys whatsoever to which William Allan merchant in Irvine had right from him and Jean Monro his spouse by disposition dated the sixth day of December seventeen hundred and fifty-four, and to which Alexander Earl of Eglintoun present lord provost, the said James Alison, and John McFie baillies, John Eeid dean of gild, Arthur Grahame, treasurer, and remanent members of the councill of the said burgh of Irvine and their successors in office for the behoof of the community of the said burgh superiors thereof have right ad perpetuam remanentiam by disposition from the said William Allan dated the twenty-second day of December last, and in virtue of the said procuratory of resignation and conveyances thereof ad remanentiam the said procurator with all due reverence and humility as becomes, purely and simply, by staff and baston as use is, resigned renunced surrendered upgave overgave and delivered all and haill the peiee of ground called the Chappell sometime possessed by the said Edward Ker, with the bleeching or washing house built and the well and other improvements and conveniencys made by the said William Allan thereon, with free ish and entry thereto and therefrom and pertinents of the same lying within the territory of the burgh of Irvine near to the south nook of the churchyeard of Irvine bounded by part of the minister's Digitized by IVIicrosoft® BURGH CHARTERS AND WRITS. 121 gleib sometime possessed by James Kennedy weaver and part of the chureh- yeard dike on the north-west, the road from the townhead of Irvine to the Water of Irvine and Chappell well on the south-east, the peice of ground fewed to Thomas Davidson postmaster on the north-east, and the Water of Irvine on the south-west parts. Together with all manner of right title and interest which the saids Mr. Alexander Fergusson, John Glasgow, Loudoun, and Grizell Cuninghames, and the other creditors of the said Mr. William Cuninghame had have or may any ways pretend to the same or any part thereof or maills and duties of the same bygone and in time coming in the hands of the said James Alison baillie as their immediate lawfuU superior of the same in favours of the said lord provost, baillies, dean of gild, treasurer, and remanent members of the Councill of the said Burgh of Irvine and their successors in office for the behooff of the com- munity thereof To the end that the right and property of the same may return to the body and community of the said burgh ad perpetuam re- manentiam and be consolidated and remain with the right of superiority of the same standing in the persons of the said magistrates and town councill and be peaceably enjoyed and possessed by them forever Which resignation was so duely and lawfully made by the said James Alison baillie his accepting thereof and receiving the symbols into his hands to the end and effect particularly above mentioned, and thereupon he asked and required instruments under the hand of me notary publick subscriving. These things were so acted and done upon the day of the month and in the year of God and King's reign above mentioned before and in presence of Andrew Hod and Matthew Mackie both officers and Thomas Clark drummer of the said burgh, witnesses specialy called and required to the premises. Et ego vero Alexander Nisbet communis scriba Burgi de Irvine, clericus Glasguensis dioceseos et notarius publicus auctoritate regali ac per dominos consilij et sessionis secundum tenorem acti parliamenti rite admissus. Quia premissis omnibus et singulis dum sic ut premittitur dicerentur agerentur et fierent, una cum prenominatis testibus presens personaliter interfui, Eaque omnia et singula premissa sic fieri vidi scivi, et audivi, ac in notam cepi Ideoque hoc presens publicum instrumentum manu mea fideliter scriptum ex inde confeci et in hanc publici instrumenti formam redegi signoque nomine et cognomine meis solitis et consuetis signavi et subscripsi in fidem VOL. I K Digitized by IVIicrosoft® 122 MUNIMENTS OF THE BUEGH OF lEVINE. robur et testimonium veritatis omnium et singulorum premissorum rogatus et requisitus. Andrew Hod, witness. Mathew Mackie, witnes. Thomas Clark, witness. Fides PrcBstantior Auro Alex : Nisbet N: P. At the Burgh of Irvine the eleventh day of March seventeen hundred and sixty -one years the within written instrument of resignation ad remanentiam was presented and registrate in the 54th and 55 th leaves of the Register of Seasines, Reversions, etc., kept within the said burgh by me, Alexr. Nisbet. Digitized by IVIicrosoft® II.— CHURCH GRANTS. 1. Grant hy Thomas Baxter of an Annualrent of Thirty -seven shillings and ten pence for the support of a Chaplain in the Parish Church of Irvine. — 29s:^- twits ^^l^tig(iiaau^ wfew«o a^>^^©|^5: p. *^^*"»' . 4f# •*ni''5taftp»» "few* ^If^my WBBU StL flW (S^ £tr 1^1 /TTT ,iBa amt ifisSfe GRANT BY THOMAS BAXTER FOR SUPPORT OF, Digitized by IVIicrosoft® tMK/ ' tfC'^ gSRtims duly j%\Tia[aw a*- |a«4aB^fcy A«y «•■ S^f' >MA)^l*i^fflk> mMrSm ■tyet»^efe«iailwiain>'- t» T giMta t-j^yKT" ^«twe. ^^a> »c^g ii i^ « £aMi. ^S^ifi-g^r^imut, ^S^ «>»»- 9i||^<> £^^p «:dSw^^«6c ^i^''<' ••.:<■■<. „;. y TA.'v ,.-';* . tf v/'.")-.^ .' 'V ^^^J^-''?"^:^'^ View in chiu'ch Yard looUiuQ noi>i1i shewui^ Shnvv F^uvu?/ onKie Bi-i.^beine VauK I'o the left". _5M I f MOR-LArETH-H.^; yCONDlTUS-!NN-^i , .lUVENISSUE- j; 2r.ANNISIUVENiS^, ySED-PIETATE- :^\ PirNrXDiVlHO-^! n,T!A-DOCM/TA-z STENEBRAS-MrNifJ ^TIBUS-CRE-TONANfej, 5ATTON!TO<^UE' 6 ulPERVERA-MALO-r- ^RUM'COLLUVIES'^ zVERBISiMPROBAo' ^wFACTA-MElS- G :^REhEUEED-BY- 5l f^JAMES-SMiTH-HIC;' afNEPHEU-!M-T^E5i V3 "" ■ — _[jz'ra». . mmm0iimi Fi^.5. M!.r.i= '■ c>;v-.-> Digitized by IVIicrosoft® Ayr and Galloway Arch' Aseoo°- I889. Digitized by IVIicrosoft® 'Snhtv Aberdeen, burgh of, 75, 77. Aberdeen, dean of, 35. Aberdeen, William, bishop of, 31, 33. Abernethy, Oswald, 141, 144. Abirbrothok, David, abbot of, 38. Achinmade, John, 28. Adam, George, Serjeant of Irvine, 45. Adamtoun, Laird of, 188, 200. Airstoun, James, 35. Akinhede, William of, notary, 7, 9. Alanson, John, 145, 147. Albany, Robert, duke of, 19, 20. Aide, Bartholomew, Serjeant, 150, 152. Alexander II., king of Scots, xxxi, 10. Alexander, prior of the Carmelites of Irvine, 135. Alison, James, bailie, 120, 121. Allan, William, merchant, 120. Anderson, Mr., Lyon clerk depute, xxxiii. Anderson, David, 229. Anderson, John, 189, 191, 201, 202. Anderson, John, notary, 228. Anderson, William, 204. Andrew, Thomas, vicar of Irvine, 208, 209, 210. Anstruther, burgh of, 75. Arbroath, Bernard, abbot of, 10, 11. Ardnamurchane, 103. Ardrossane, Sir Fergus of, 5, 7. Argyle, Archibald, earl of, 31, 33, 59, 73, 173, 180. Argyle, Archibald, marquis of, 101-103. Argyll, Colin, earl of, 28, 29, 34. Ambukle, John, 159, 162, 200. Amot, John, of Lochrig, 20, 21. Arnott, Edward, 28. Arran, James, earl of, 47-49, 173, 180. Arous, John, archdean of Glasgow, 142, 145. Arth, Eobert, 38. Auld, James, 181, 185, 188, 195, 198, 201. Auld, Sir Thomas, 181, 190, 195, 202. Auldelandis, 100. Avondale, Andrew, lord, 27, 29. Ayr, burgh, of, xxix-xxxi, 10, 11, 28, 29, 57, 75, 85, 102-108. Ayr, scherif of, 36-43, 56. Ayr, shire of, 19, 105-107. Ayr,' tolbooth of, 43. Baillib, Mr. William, lord provand, 62. Baird, Sir John, of Newbyth, 112. Ball, Sir Hugh of, 5. Ball, Sir Jocelin of, 5. Ball, Sir John of, 5. Balliol, family of, xxx. Bank, chapel of, xxxv, 163, 183, 196. Bankhead, John, 191, 203, 205. Bannatyne, Thomas, of Newtyle, 37, 63. Barber, Thomas, 130, 133. Barbour's Rig, 168, 175. Barclay, David, of Ladylands, 150, 152. Barclay, Ninian, burgess of Irvine, 73, 74, 82, 91, 95, 96, 222. Barclay, Robert, of Pearston, 228, 229. Barclay, WiUiam, of Pearston, 164, 166. Bauld, Richard, burgess of Edinburgh, 46. Baule, John, 169, 183, 196. Baxter, Alexander, 159, 161. Baxter, Eda, wife of Thomas, 123, 124. Baxter, George, chaplain, 155, 164, 166, 189, 201. Baxter, James, 130, 133. Baxter, Thomas, called, xxxv, 123, 130, 133. Beith, parish church of, 41. Bellenden, John, of Auchmoule, justice- clerk, 57, 213. Digitized by IVIicrosoft® 236 INDEX. Bellendep, Ludovic, of Auclimoule, clerk of justiciary, 74. Bellenden, Thomas, of Auchmoule, clerk of justiciary, 173, 181. Belsches, F., 105. Benislay, land of, 2, 3, 4. Blackness, castle of, 82. Blair , of that ilk, 77, 223. Blair, arms of, xxxvii, 231. Blair, Alexander of, 3, 4. Blair, Archibald, 105. Blair, Brice of, knight, 3, 4. Blair, David, of Adamtoun, 205. Blair, Hugh of, 140, 142. Blair, James, provest, xxxvii, 103, 111, 226, 228. Blane, John, 153, 154. Blantyre, Walter, prior of, 81, 84. Blue, Scotch, xxxvi. Bogfaulds, lands of, 87, 90, 92, 94, 100, 192, 222-226. Bogflatts, lands of, 166, 168, 175. Boll, John, Ballachkewin, 57. Boll, John, his son, 57. Bothwell, earl of, xxxvii. Bower, J., 105. Bowie, Richard, of Seagate, 126, 128. Boyd, Alexander, 225. Boyd, George, 57, 159, 161. Boyd, James, 169, 173, 176, 180, 189-191, 201-204. Boyd, Sir Robert, 3. Boyd, Robert, lord, 74, 77, 84. Boyd, Stevin, 205. Boyd, Thomas, lord, 77, 95, 96. Boyd, Thomas, in Kilmarnock, 183-203. Boyd, Thomas, of Bowinschaw, 225. Boyde, John, 163, 166. Boyle, John, of Kelburn, 20, 21. Boyle (Boill), Ninian, 169, 176, 196. Boyman, Adam, 127, 129. Boyman, Elizabeth, 149, 151, 153, 154. Boyman, Robert, 127, 129. Boyman, William, 130, 133. Brabonar, Walter, 126, 128, 130, 132, 133. Brand, Gilian, 124, 125. Brechin, Patrick, bishop of, 12, 13. Brechin, William, bishop of, 12, 13. Briane, Hugh, 137, 139. Bridgegate, the, 158, 161. Bryden, James, 204. Bryden, Patrick, 205. Broken, George, 169, 176. Broket, George, 169, 176, 188, 200. Broun, Hew, 204. Broun, Isabel, 158, 161. Broun, James, burgess, 42, 45, 56, 57, 60, 159, 162, 164, 166, 182-187, 195, 204. Broun, John, burgess, 46, 73, 74, 164, 166, 168, 169, 175. Broun, Thomas, 55, 57, 64, 66, 204, 216. Broun, Sir William, chaplain, 186-202. Brown, Alexander, dean of gild, 115, 193. Brown, Mr. Andrew, 147, 148. Brown, Andrew, 186, 198. Brown, Egidia, 191, 203. Brown, Oliver, oflacer, 95. Brown, Peter, 204, 208-214, 217, 219. Brown, Rankin, bailie, xxxv, 156-158, 203. Brown, Richard, 5. Brown, Robert, 204, 228. Bruce, Edward, justice depute, 73. Bruce, Robert the, king of Scots, xxx, xxxi, 9, 30, 31. Bryce, John, Dublin, 114, 117. Buchanan, Mr. George, 213. Buckle, Hugh, officer, 66. Buland, the, 208, 211. Bully, Andrew, 126, 128, 130, 132. Burghfauld, the, 1, 2, 3. Burghley, lord, 99. Burne, James, 28, 29. Burne, John, 27. Burne, Marion, 27. Burne, Thomas, 27, 28, 29. Burne, William, 27. Burntisland, burgh of, 75. Burrowland, 208, 210. Bute, Findlay, of, 126, 128. Bute pursuivant, 36. Caithness, Archdean of, 35. Caithness, Andrew, bishop of, 31, 33. Caldwell, James, 193. Caldwell, laird of, 169, 183, 185, 188, 196, 198, 201. Caldwell, Robert, 169, 176, 184, 197. Caldwell, Thomas, of that ilk, 50, 51. Digitized by IVIicrosoft® INDEX. 237 Cameron, Mr. John, bishop elect of Glasgow, 134. Cameron, Thomas, notary, 156, 157, 160, 162. Campbell, Lady Alicia, xxxiv, xxxv, 136-145. Campbell, Archibald, of Kilmuir, 101, 102. Campbell, Edward, 153, 154. Campbell, Hew, of Loudoun, 43. Campbell, Hew, Provost of Irvine, 56, 57, 64- 66, 72, 204, 216-220. Campbell, Hew, of Terringane, 74, 77, 84. Campbell, John, 102, 103. Campbell, Sir John, chaplain, 139-144, 188, 201. Campbell, Sir John, rector of Kilmally, 181, 195. Campbell, William, macer, 40. Campvere, 98. Carmelite friars of Irvine, xxxvi, 100, 135, 205, 217, 220. Carnbukle, John, 150, 152. Carrick, John of, canon, 12. Carrick, John, earl of, 16, 26, 27. Cassillis, earl of, 99. Catherine, St. See St. Katherine. Chalmer, Mr. David, chancellor of Eoss, 62. Chalmer, James, of Gadgirth, 156, 157. Chalmer, John, of Gadgirth, 20, 21. Chapel, land of the, 119, 209. Chapel well, 121. Chapman, Finlay, 129, 132. Charles II., king, xxxiii. Charters, Henry, 77. Chepman, J., 39. Christopher, Saint, altar of, xxxv, 166, 174. Clark, Thomas, to\vn drummer, 121, 122. Clerk, Alan, 127, 132. Clerk, Hugh, 127, 129. Clyde River, xxxviii. Cocherane, Thomas, 28. Cokburne, Sir John, of Ormiston, 82, 90. Cokburne, Sir Richard, of Clerkington, 82. Cokburne, Sir Richard, junior, of Clerkington, 90 Colt, Mr. Oliver, 63. Colvile, Robert, of Ochiltree, 32, 33. ConwaU, Saint, xxxiv, 149, 151-154, 189, 190, 201, 202. Cook, Martin the, 123, 125. Cook, Walter the, 123, 125. Coupar, John, 40, 105. Coupar, William, of, 130, 133. Cowane, John, 153, 154. Crag, James of the, xxxv, 123, 125. Crag, John of the, xxxv, 123, 125. Cragyne, Adam, 149, 151. Craig, John, merchant, Glasgow, 114, 115. Craig, Robert, 95, 204. Craighall, Lord, 99. Crail, burgh of, 75. Crawfurd, Sir Hugh of, 5, 7. Crawfurd, Sir James, chaplain, 44. Crawfurd, James, of Bathlame, 169, 176. Crawfurd, John, of Crawfurdland, 58, 84. Crawfurd, Nicholas, clerk of justiciary, 27-29, 35. Crawfurd, Thomas, 203. Creichtone, William, Lord, 142, 145. Culper, Robert, 185, 189, 192, 198, 202. Culross, Alexander, commendator of, 62. Cumbrae (Comray), Little, island of, xxxviii, 84, 85. Cuming, Thomas, bailie, 91, 95, 96, 219. Cuninghame, Alexander, 28, 64, 66, 95, 117, 119, 137, 138, 204, 226, 228. Cuninghame, Sir Alexander, chaplain, 7, 9. Cuninghame, Sir Alexander, of Robertland, 109- 111. Cuninghame, Captain Andrew, 203. Cuninghame, Archibald, of Achinbawy, 20, 99. Cuninghame, bailiery of, 11, 25-42, 50-58, 87, 96, etc. Cuninghame, barony of, xxxi, xxxii, 11, 19, 21, 26, 27, 30. Cuninghame, Cuthbert of, Cuttiswray, 205. Cuninghame, David, of Robertland, 181, 183, 195, 196, 219, 220. Cuninghame, Sir Edward, vicar of Galston, 7, 9. Cuninghame, Grizell, 120, 121. Cuninghame, Henry of, 20, 21. Cuninghame, Sir Humphry, of Auchtermachane, 20, 22. Cuninghame, James, of Collellan, 120. Cuninghame, James, chamberlain of Kilwinning, 220, 221. Cuninghame, James, of Montgrenan, 222-226. Cuninghame, John, of Drumqiihassell, 54-56, 209, 210. Cuninghame, lordship of, xxx. Cuninghame, Loudoun, son of Collellan, 120, 121. Cuninghame, Ninian, 223. Cuninghame, Robert, 57, 126-132, 204. Cuninghame, Susanna, 120. Cuninghame, Thomas, 98. Digitized by IVIicrosoft® 238 INDEX. Cuninghame, William, of Caprinton, 74, 77, 84. Cuningliame, William, of Cuninghameliead, 173, 180. Cuningliame, William, burgess, 57, 120, 121, 205. Cuninghame, William, of Kilmaurs, 20, 28, 125- 127. Cuninghame, William, canon, 129, 134. Cuningliame, Agnes, mother of said WiUiam, 126, 127. Cutlar, Hugh, 28. Dalkeith, 90, 94, 96. Dairy, parish church of, 41. Dalrympill, John, 149, 152, 159, 162. David I., king of Scots, xxx. David II., xxxi. Davidson, John, 130, 133, 149, 151. Davidson, Thomas, 121. Dene, Hugh, 159, 162. Dene, John, 159, 162, 186, 199, 204. Dene, Margaret, 28. Dene, Thomas, 186, 187, 199, 200. Denholme, John, 104, 105, 106. Dickie, Andrew, in Paistoun, 69. Dickson, Mr. David, minister of Irvine, 226-228. Dickson, John, of Kilmarnock, 126, 128, 131, 133. Dingwall pursuivant, 36. Dobynson, William, 20, 21. Dogman, William, 28. Dongane, William, 28, 29. Douglas, Sir Archibald of, 16, 18. Douglas, J., 40. Douglas, James, lord of, 10, 11, 16, 17. Douglas, James, earl of, 16. Douglas, James, of Balvany, 134. Douglas, William, of Quhittinghani, 62. Douglas, William, earl of, 12. Doun, water of, xxix. Downy, Eobert, 191, 203. Drummond, Lady Agnes, countess of Eglinton, xxxix, xlvii. Drummond, Sir John, of Inverpefifry, xlvii. Dryburgh, abbot of, 29. Dumbarton, burgh of, 56, 75, 85, 86, 106. Dumbarton, castle of, 206, 207. Dunbar, Mr. Gavin, archdean of St. Andrews, 31, 33. Dundas, James, of that ilk, 134. Dundee, burgh of, 75, 77. Dundonald, parish of, xxxv, 129, 132. Dunkeld, John, bishop of, 16. Dunlop, Alan, 226, 228. Dunlop, Alexander, bailie, 82, 96, 223, 224. Dunlope, Gilbert, 56. Dunlop, Hugh, 159, 162, 169, 176. Dunlop, Eobert, 192. Dunlop, Sir William of, 5. Dunlop, William, 149, 151, 228. Dunure, Kennedy, lord of, 26, 27. Dunwedy, Matthew, 186, 191, 199, 203. Dysart, burgh of, 75. Edgar, Edward, 99. Edinburgh, 34, 38, 43, 46, 56, 57, 72, 73, 77, 78, 81, 97-99, 105, 107-110, 114, 115, 117, 216. Edinburgh, John of, 137, 139. Edmonstoun, William, of Duntreth, 28, 29. Eglinton, Alexander, earl of, 120, 226, 228, 229. Eglinton (Eglunstone), Brice of, xxix, 1, 2, 3, 4. Eglinton, earl of, 183, 196, 197. Eglinton, Eglun, lord of, 1, 3. Eglinton, Hugh, earl of, xxxix, xl, xli, xlvii, xlix, 29, 30, 36, 37, 45, 50, 57, 58. Eglinton, Hugh, lord of, 1, 3, 12, 13. Eglinton, Sir Hugh of, xxxii, 26, 27. Eglinton, Master of, 77. Eglinton, Ealph of, 1, 2, 3. Eglinton, family of, xxxix. Ellis, James, 98. Elphinston, Mr. James, of Inhernochtile, 82. Elphinston, Sir James, of Barntoun, 90. England, " auld enemies of," 34, 49. England, king of, 46. Erskine, lord John, 38. Erskyne, Sir Robert of, 12, 13. Erskine, Sir Thomas of, 16, 17, 18. Erskine, Sir Thomas, of Brechin, 173, 180. Erth, 26. Esat, Thomas, 204, 221. Esdale, James, 158, 160, 162, 164, 166, 169, 176, 186, 199. Esdale, William, 149, 151. Eskdale, Margaret, 28. Eyemouth, burgh of, 75. Digitized by IVIicrosoft® INDEX. 239 Pairlie, Adam, of Bog, 225. Fairlie, William, 205. Farnle, Sir John., chaplain, 13Y, 139. Falkland, 45. Fergus, Eoger, son of, xxxv, 124. Fergus, Isabella, daughter of Roger, xxxv, 124. Fergushill, Janet, 191, 203. Fergushill, Robert of, 20, 21. Fergusone, William, 28, 29. Fergusson, Mr. Alexander, minister at Kil- winning, 120, 121. Fife, Robert, earl of, 12-19. Fleming of Barroohan, 84. Fleming, John, 127, 129, 130, 132. Fleming, Malcolm, lord, 173, 180. Fleming, Sir Stephen, 5, 7. Flodden, field of, 41. Forester, Sir John, of Corstorphine, 131, 133, 134. Forsyth, William, 75, 76. Foulis, James, of Colinton, 173, 181. France, king of, 46. Frances, James, elder, 123, 125. Francis, Allan, 66. Francis, Robert, 185, 197, 198. Francis, William, of the Stane, 19, 21. Fraser, Alexander, of Knock, 20. Fresale, Marion, 28. Friarsford, the, 149, 151. FuUartoun, Sir Adam, lord of Corsby, 26, 27. FuUartoun, laird of, xxxvii. Fulton, John, 184, 197. Fultoun, Robert, 159, 162. Gallib, Patrick, 130, 133. GaUoway, Henry, bishop of, 38. Gallowmure, 87, 90, 92, 94, 100, 192. Gait, Adam, 185, 198. Gardin, George, 105. Gardiner, Nicholas, 185, 198. Gardiner, Thomas, 184, 187, 197, 199. Garnock river, xxxviii. Garven, Hew, 82, 95, 223, 224, 225. Gerard, Richard, son of, 124, 125. Gemmel, Matthew, 228. Gemmill, John, bailie, 204. Gemmill, Stephen, 181, 195, 205. George, Archibald, bailie, 82, 91, 95, 96, 223, 224, 225. George III., king, 119. Gibb, James, beadle, xxxvi. Gibbonson, John, 20, 21. Gibson, Alan, 130, 132. Gibson, Sir Alexander, of Durie, 101, 109. Gilmour, Thomas, 57-59. Glasgow, burgh of, 56, 71, 72, 85, 86, 106. Glasgow, hospital of, 117. Glasgow, Gavin, archbishop of, 163-166, 170- 180. Glasgow, John, provost, 120, 121. Glasgow, Matthew, bishop of, 17, 18. Glasgow, William, bishop of, xxxv, 142, 144. Glencairn, earl of, 181, 195, 211. Glover (Glofar), John, 182, 196. Glover, Nicholas, 137, 139. Glyblany.