Selkirk Protocols John Brydin 1530 – 1537

The Protocol Book of John Brydin 1530 – 1537

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Book D

From the original page numbering in this volume it would seem that all but the first page has survived. The first 13 pages are particularly fragmentary and this volume is one of the poorest in terms of condition, of all the protocol books in the collection.

1. [Very fragmentary and the first part of the deed is missing.]
” ….browk and joyss the tane halff of (p/t) fruttis, multuris, emoluments, profetis and [dewties] all and hail the myl of lil¬liscleiff with the (p/t) certain sowm of moneye that is to say (p/t) usual money of the rome [ie realm] of Scotland (p/t) sowme of £40 we grant us to haif (p/t) be the handis and deliverance of the said (p/t) be the handis and the deliverance of the said Wa[lter] quhilk we had us content and pait and be (p/t) Walter his ayris executouris and assignais (p/t) we discharge the saming for now and ever. Thai[rupone] (p/t) joyss the said tane half of the fruttis, multuris profettis and dewitis of the forsaid myl(p/t) the pertinents to be peceably and continuale (p/t) Walter his ayris and assignais fra (p/t) Beteriche his spouss thair ayris and (p/t) quhil the saidis William, Beteriche (p/t) procreat of hir first husband (p/t) ayris or assignais (p/t) and ganging to (p/t) in foresaid sowme of (p/t) rome of Scotland (p/t) Walter, his ayris executouris (p/t) ninianes altar situat within [the parish kirk of Selkirk] (p/t) ten dais warning (p/t) geiff the said Walter his ayris executouris (p/t) unlauefully absentis thaim thai beand lauchfully (p/t) as said it sall be leful to the said William his spouse and hir barnis procreat of hir first [ husband] William Ailmer forsaid, thair ayris and assignees (p/t) fre regres and lefull intrometting in and to al foresaid tane half of the fruttis, multuris,emoluments, profet¬tis and dewittis of the forsaid milne of lilliscleif (p/t) had befor the making of this contrac al fraud and gyl excludit. Nevertheless the forsaid sowme of £40 (p/t) for the profett of the saidis Walter his ayris executoris and assignais souerly to be put and efter payment [ of the said] sowme of £40 usual money of Scotland (p/t) said Walter his ayris and assignais sal have nane (p/t) intrometting kindness nor claim to the said tane halff (p/t) profettis of the saming in tyme to cum (p/t) the saids William and Beteriche and hir barnis procreat (p/t) husband said as sal defend and warand (p/t) assignais in peceable joysing and browking (p/t) the saidis William Beteriche his spouse (p/t) forsaid first husband ( p/t ) content and paye to the assignais the sowme of £40 (p/t) in effec as is abone writing (p/t) in said Villiam or Beteriche his spouse or hir barnis procreat (p/t) forsaid, thair ayris or assignais to the tothir half analy (p/t) of the fruttis of the mil forsaid of the saming the said Walter sal haif it before (p/t) he geiffand befor that ane uther will geiff”. Walter Scot sought instruments done in the chamber of sir William Brydin [vicar] of Selkirk around the hour of 4 pm before sir William Brydin vicar of Selkirk, sir Thomas Skwne chaplain, Simon Farle bailie of the said burgh, [Adam] Gledstanis.
Same day…[Walter Scot] in Ashkirk on the one part and William Scot brother of the said Walter and Beatrix Sinclar spouse of the said William on the other holding in their hands documents writ¬ten on paper in form of a bond (p/t) and reversion handed them [ [to the notary] to be read out, copied onto parchment, tran¬scribed and reduced in following tenor in common parlance “the yeir daye plaice and [tyme] abone writting” wholly in words of a protocol instrument. Beatrix sought instrument for herself and her spouse done at the house of sir William Brydine, vicar of Selkirk at 5 pm before sir William Brydine, vicar of Selkirk, sir Thomas Skwne chaplain, Simon Farle, bailie of the said burgh and Adam Gledstanis.

Subscription of sir John Brydine, subdeacon of the diocese of Glasgow and notary by apostolic authority.

2. 9 May [1530?] William lawful and undoubted heir of his grandfather John Lauder [gave] granted and sold forever his tenement lying in bounds of Selkirk with the lands of Geroge Chepman on the east, the lands of Thomas Mynto on the south, the lands of Andrew Ker on the [west] and the king’s street on the north to James Keyne paying to the said William (p/t) 4d scots [annualrent?]. James sought instrument done around 11 am in the back chamber of (p/t) burgess before Robert Chepman, (p/t).

3. Same day, year, month, before notary and witnesses under¬written….William Lauder kinsman and heir of the deceased [John] Lauder burgess of the burgh of Selkirk came to a tenement of land with pertinents within the said burgh on the south side of the north street between the lands of George Chepman on the east, land of Thomas Mynto on the south, the land or tenement of Andrew Ker of Primsydlocht in the west and the said north street on the north and there on ground of the same delivered all the lands fore and back with barn and yard thereto in hands of the bailie Robert Chepman … in favour of [James] Keine…and Robert Chep¬man gave sasine of the same to the said James Keine. James sought instrument done at around 1 pm in Selkirk sought instrument before sir John Chepman, (p/t) Chepman, Robert Portuis burgesses of the said burgh, Alan Keyne, John (p/t), William Portuis, burgess of the said burgh, George (p/t), James Newlandes, George Lamb.

4. Ingliss Brydine 4 June 1530 Christian Ingliss with consent of her [spouse Thomas] (p/t)of Philhop acknowledged that she had sold [ the land contained] in the charter to sir [Wil¬liam?] Brydine, vicar of Aldroxburgh (p/t) for the sum of money of £16 which she had received from the said sir William in counted money. Also she appoints as her procurator James Scot, burgess of Selkirk in all legal duties compearing to seal her charter and give sasine in my name and that of my spouse also all and any other duties which a true procurator is appointed to do. William sought instrument done at the house of Janet Portuus, spouse of ( p/t ) Brydine, burgess at around 1 pm sought instru¬ment before James [Scot], George Scot burgess, Cuthbert (p/t), Patrick Freir and others.

5. Murray Lauder 29 Oct 1530 Patrick Murray of Faulohill and lord of the land of [Selkirk] and sheriff of the same came at the request of [William] Lauder burgess of Edinburgh to a husbandland lying on the east of the said burgh which the deceased (p/t) John Keine burgess of the same held and which land the said William Lauder has in tack…and there on ground of the said husbandland the said Patrick gave sasine of the same with pertinents to the said William. William sought instrument done at the husbandland around 3 pm before James Scot bailie, sir John Michilhill chap¬lain,(p/t) Brydin, John Hall and George Chepman, burgesses of the said burgh, Adam Wilkesoune , Ninian Bryding n.p.

6. Tait (scored out) Scot Murraye 8 Nov 1530 sir John Scot vicar of Hawik procurator in the name of and by authority of the underwritten viz, James [Gibson], Thomas Dikesoune, William Scott, John Wode and Thomas Bullerwell produced royal letters under the signet to Patrick Murraye lord of Faulohill and sheriff of Selkirk inhibiting, discharging, annulling and breaking the privilege and office and benefice as sheriff of the royal lands which the said Patrick holds and after the said letters were read out the said sir John asked the said Patrick to return them and he refused. Sir John Scot sought instrument done at the burgh Court House of Selkirk around 1 pm sought instrument before Sir Walter Scott of Branxholme knight, John Crenstoun of that ilk, Ninian Brydin chaplain and notary, James Hoppringill in ( p/t ) and sir John Michilhill chaplain.

7. Tait Scot Same day Alexander Tait, lord of the lands of Pirne procurator and in name of Katherine Rutherfurd, lady of (p/t) contrary to [what] sir John Scot above..alleged…that royal letters which he showed, were of no effect or power in respect of the discharge of Patrick Murray from his office of sheriff. Alexander sought instrument done at the court house of Selkirk before sir Walter Scot of Branxhelme knight, Robert Hoppringill in [New Hall?], James Hoppringill in Tynneis, sir John Michilhill.

8. Murraye Scot Same day Patrick Murraye lord of Faulohill and [sheriff] of Selkirk….within his privilege as sheriff..was handed the royal letters and gave them to the notary to read out, after which the said Patrick [acknowledged] these vicious and unwarranted letters were demanded on behalf of and with the knowledge of the sheriff in that part and that he would cite the said letter if any harm or prejudice came to him in the future. Patrick sought instrument before witnesses abovewritten.

9. Tait and Scot Same day sir John Scot vicar of Hawik procurator and in name of his brothers and others against [Alexander] Tait, lord of Pirne procurator and in name of Katherine Ruthirfurd lady as above…of his own free will grant¬ed…that the said William Scot inhabited and manured… “le forest steid” called “Craggischank” and received the benefits of the same…throughout a period of 12 weeks. [sir John Scot] sought instrument before witnesses as above.

10. Chepman Brydine 3 October 1530 sir William Brydine vicar pensionary of Selkirk came to an annual rent of 4 shillings scots uplifted on a tenement of land of John Chepman burgess in Edin¬burgh…lying on the west of the mercat cross between the tene¬ment of land of Robert Brydine on the north, the tenement of land of William Lauder burgess of Edinburgh on the south and the tenement of land of John Mithag on the west and there on ground of the same resigned the said annualrent in hands of the bailie who gave sasine to master John Chepman, his heirs and assignees. Master John sought instrument before John Chepman, James Keine and William Chepman.

11. Wilkesoune Johnestoun 28 May 1531 Adam Wilkesoun burgess of Selkirk on the one part and John Johnestoun on the other with regard to all the accounts, debts, arrears up to that day made between them…the said John Johnsoun acknowledged that he was content that Adam and his spouse had paid all the aforesaid …and said Adam, his spouse had paid in full and they, their heirs and assignees were discharged of all claims forever. Adam sought instrument done at around 2 pm before Thomas Purde, Adam ( p/t), George Michilhill burgess, James Wilkesone.

12. Trumbill Ker 1 June 1531 Robert Trumbill acknowledged to his grandson John Trumbill tutor of the lord of Phillophaucht, that he had given, granted and set in tack those 5 poundlands lying within the town and pasture of Phillophaucht and by ferme demitted for the space of 5 years to Mark Ker burgess of Selkirk as is fully contained in a letter of tack to the said Mark made by the said Robert which said tack Robert bound himself to ensure that Mark had peaceful possession to occupy and manure the lands for the abovesaid duration. Mark sought instrument done at around 5 pm before James Bradfut, John Chepman, Thomas Hesilhop burgess¬es of the said burgh, sir Ninian Brydine notary and John Ker.

13. Scott Scott 5 Jan 1531/2. John Scott in Myris…of his own free will..all fraud and guile excluded, resigned all right, claim, possession, ownership, occupation, kindness, freedom and maintenance of Myris which for the time is in his hands being that fourth part of the lands of Myris with pertinents lying on the west of the place of Myris set in tack to the said John by the reverend father in Christ Gavin archbishop of the diocese of Glasgow and his predecessors and occupied and manured in that time by the said John, in hands of his cousin Walter Scot tutor of the lord of Haning for the love he bears him and in tenor of this present instrument resigns all right and claim…in future from himself, his heirs and assignees. Also Walter Scott tutor as above in tenor of this instrument binds himself his heirs execu¬tors and assignees to pay the said John Scot £14 scots at the following termes viz 30s at Shrove Tuesday next after in date of this present and the remainder of the sum at Whitsunday next following the said Shrove Tuesday, all fraud and guile…exclud¬ed. John and Walter sought instrument done here at the house of sir William Bridine, vicar of Selkirk around 2 pm before sir William Bridine chaplain, Robert Trumbul tutor of Holdene and John Brydine.

14. Memorandum Hesilhoip Brydine. “The 24 daye of februar in the yeir of god ( p/t) 1531 yeiris I schir Johne Brydine sone and ayre [to] James Brydine set in assedatioune for mail to Thomas my foir houss in the peilgait wyth thre cupill of aik and wyth [al and] haill pan frist bakis sper and buggerinne efferand thereto wyth [ speirs] and butellar wyth ane dormont geist and ane smal¬lar geist one the bay wyth ane rannyll tre ane halland ane coun¬terdeiss wyth twa durris and windoiss ane veshal almery set wythin the wall wyth ane bakhouse wyth thre standand cupill wyth an est gawill to the panniss the vestand gawill vantand wyth pan frist bak and sper efferand thairto excep ii pannes vantand for al the days and termiss of threttene yeiris nixt followand the dait heiroff the feist of witsondaye that nixt followis the dait of thir q[uarter]ly presentis to be the said Thomas entrie payand to me (illegible) in maner of mail his ayris or assignais xxiiii shillings of usual money of the rome and to uphald [yeris] the samen induring the said spaice of threttene ( p/t) in all things necessar befor thir witness Mark Ker bailye for the tyme, James Helme, William [Scott], James Braidfut, James Scott.
Item the said daye and plaice I James Scott befor thir wytness Mark Ker, James Bradffut, [William] Scott and James Helme to taik na thing off the g[avill?] of the forsaid houss off schir John Brydine na [mair?] to tribill him na yit molest na inwaid him [or his] tenandis or subtenandis fra that [daye] furtht the said schir John payand to me iii yeris mail off the sayd tenement and na mair.”

15. Brydine Portuiss and Portuis 26 Feb 1531/2 John Brydine son and heir of the deceased Thomas [Brydine] on the one part and Janet Portuiss and Elizabeth [Portuiss] on the other made a compromise between them which they ordained to be inserted in the burgh court book in the following manner “the fourtene daye of februar in the yeir off God 1531 it is appointit and finaly acgreit betuix honorabill personis that is to saye Jenot Portuiss and Elizabecht Portuiss ayris of wmquhill William Portuiss in to ane part and John Brydin ester one the tothir part in manner forme and effec as efter followis that is to saye the saidis Jenot and Elizabecht sal have entress in and to all landis of thair prediessoris deit vestit and sesit of wythout impediment [frae] the said John Brydin as fer as lawe requiris wyth thir condicionis wnderwritting that the foresaidis Jenot and Eliza-becht [and] thair ayris sal pay betwix this and midsoumer to John Brydin his ayris executouris and assignais the sowme of six libras gud and usual money of scotland haiffand the cours of paiment for the tyme. Alsua it is comprommitit faithfully betuix the forsaidis parteis and sa happin the said John Brydin ester his ayris executouris and assignais may get heirefter cler cer¬tificatioun and [siker] wnderstanding be just men of law ryply awisit and vyll tak it apone thair saullis that land or to ony part of it that umquhill Rychert Brydin and Jenot his douchter deit vestit and [finally] saisist of may have rycht therto than immediately the said John sal refound and paye thankfully the forsaid sowme of vi lib to the Jenot and Elizabeth and than intromet efter notory certificatione and payment off the forsaid sowme bath Jenot and Elizabeth thair ayris executouris and assig¬nais bindess and obliss thaim fathfullye be the tenor off this compromit but fraud or gill to enter the forsaid John his ayris or assignais heretabilly siclik as men off law deliveris or ellis geiff to him his ayris executouris or assignais als mekill awaill for the landis or ony part of thaim efter the sicht and decreit of Andro Ker of Prumsydloucht sir William Brydine vicar of Sel¬kirk sir Ninian Brydine. In wytness off the quhilk thing bath Jenot and Elizabecht hes subscribit this present compromit wyth thair handis at the pen befor thir wytnesses sir John Brydine notar sir John Michilhill notar John Smyth William Brydine”. After which Janet and Elizabeth promised to observe the said compromise in all articles and clauses. John Brydin sought in¬strument done around 10 am before William [Brydine], sir John Michilhill, Ninian Brydine.

16. Brydine Same day sir William Brydine vicar of Selkirk speaking for and in name of Janet and Elizabeth Portuiss present¬ed a certain royal breve [ in margin :”indorsed”?] the said Janet and Elisabeth had procured to Patrick Murray sheriff of Selkirk in the court house of the said burgh lawfully… held on that day and asked the same be executed immediately and taking the breve in his hands the sheriff handed it to the clerk of the court to read out after which reading out, pronounciation, indorsing, affirmation and election of the condign inquest John Smyth depute sheriff on that day went to the door of the court house and three times forewarned by proclaimation to all having an interest or objecting and contradicting and opposing whatsoever the proposals henceforth they should assemble at that time or never object to the said breve. After which proclamation sir Ninian Brydine chaplain and speaking for John Brydine his brother showed how there was a compromise made between Janet and Elizabeth on the one part and John Brydine on the other and faithfully entered in the burgh court book of Selkirk declaring that if it happened that the said Janet and Elizabeth did not observe all articles, clauses and points contained in the compromise then the execution of the said breve would be null and void…nor would it turn to the said John Brydin in prejudice or damage whatsoever. Done in the court house around 11 am before sir John Michilhill, Master Thomas Ker in Sunderlandhall, Master Michael Scot, sir William Brydine, James Braidfut, John Chepman, Mark Ker.
On the same day master Thomas Ker, Walter Scot in Sintoun, Walter Scot tutor of Haning, Robert Trumbul tutor of Philhophaugh, Adam Scot in Fawsyd, William Scot in Catslack, Thomas Murray in Ne¬whall, George Scot of Well, Mark Ker bailie of Selkirk, William Keine, John Hall, Robert Portuiss, James Braidffut chosen and sworn inquisitors being asked by the sheriff if the breve could be put into execution…the said Mark Ker for all the other inquisitors declared he and the other inquisitors had made and promulgated articles and decreet of retour for execution and no objectors to the said breve had come forward at that time declar¬ing that execution of the articles and decreet of retour made by them should not hereafter turn to prejudice or damage. Mark Ker sought instruments in name of the inquest done around noon at the court house before sir John Michilhill, Ninian Brydine, William Brydine chaplain, James Scot, John Chepman, James Helme, William Brydine.

17. Brydine 4 April 1532 sir William Brydine vicar of Selkirk warned and earnestly required Alan Keine serjeant of the burgh of Selkirk… by virtue of his office and in the name and authority of the king, alderman and bailies …to prohibit…George Michil¬hill burgess of Selkirk from the kirklands of the vicarage which the said George has occupied and manured and in particular a certain quarry within the said lands which the said George had disrupted,hewn and dug out and the serjeant inhibited the said George by above authority from the said lands and quarry…and he resisted …by repudiating him and turning his back and disobedi¬ently gesticulating with a rod in his hand in a sign of reviling repudiation…and made a speech using infamous remarks and in contempt of the king and the alderman and bailies. Sir William vicar sought instrument done on the ground of the said kirklands around 5 pm before Adam Bowmakar, David Coltart, Alane Keine, John Clerkine.
Same day the said George acknowledged he was a tenant of the kirklands and that he paid his ferme and grassums on time and protested that the objections, contradictions and allegations should not turn to his prejudice.

18. Williamsone in Melross 24 May 1532 master John William¬sone, master of arts of the parish ( p/t) of Melross viz of the chapel of Blessed Mary situate there humbly confessed he was given (p/t) and his [election?] and favours of the said chapel. Before Robert Middilmest, Andra Davesone.

19. Keine Trumbill 6 June 1532 William Keine younger, burgess of Selkirk humbly requested John Trumbill and openly forewarned him to receive and uplift all the victuals on the appointed day of collection being debts and arrears from the said William to John and especially on that day to receive and uplift 6 bolls of branches [ “brachii” – probably a mispelling for “brasii” ie malt which appears later in the text]. William openly acknowledged that he had put aside the 6 bolls of malt [as] damages, expenses and deterioration not to be taken up and that he will surrender, give up, sell…the most costly of the six bolls to be discharged and demitted in the tenor of these presents. William sought instrument done at noon before Mark Ker bailie, John W(p/t).

20. Murraye ( p/t ) July 1532 Isabel Murraye spouse to the deceased Philip Scot in Edschaw showed how (illegible) on 24 July it was fixed between her and James Hoppringill and Walter Scot in Sintoun her chosen arbiters on the one part and Walter Scott in Eidschaw son, heir and executor of the said Philip lord of Rid-daill and William Scott in Hardene his chosen arbiters on the other part and Walter Scott and his arbiters agreed to convene on the appointed day in the cause moved between Isabel and Walter. And that Isabella and James Hoppringill her arbiter were present then and prepared to submit to the decision…but Walter and his arbiters in no way compeared at the appointed day and how pro¬testing that the absent said Walter and arbiters should not turn to her prejudice. Isabel sought instrument done around noon in the aisle of the cross of Selkirk before Mark Ker bailie of Sel¬kirk, Master Patrick Wrycht.

21. Brydine Ker 25 July 1532 Andrew Brydine…of his own free will bound himself, his heirs, executors and assignees to pay Mark Ker in Selkirk or Elizabeth Gledstanis, his mother, the sum of £40 usual money in the name of…Walter Scot knight in Branxhelme at the terms underwritten viz £20 at the feast of St Bartholomew next and £20 at the feast of St Andrew all fraud and guile excluded. Elisabeth sought instrument done in Selkirk around 3 pm before Adam Scott in Fausyd, Walter Scott in Haning and James Bradffut, burgess of the said burgh.

22. Murraye Loure, King’s Messenger 3 Oct 1532 John Mur¬raye in name and authority of his master and cousin Patrick Mur¬raye lord of Fawlohill acknowledged that David Loure king’s messenger without any right or title and against the order of law seized and distrained moveable goods viz oxen and cows in number 22 [written “xxduo”] belonging to Patrick and his tenants…and brought and assigned them to master Patrick Wrycht, chamberlain of the forest feus of our queen mother for arrears owed…to the said queen by the said Patrick [Murraye] and for her ferme for the term of St Bartholomew in the said year and the said Patrick on account of the said arrears of his ferme was distrained by canon law administered by the said lady queen and was put under ecclesiastical censure and for the said sum in the said term promising to pay within 15 days requiring them to return the said distrained goods to him and his master. The said David by no means did and usurped and seized the said oxen and cattle with force of law and in name of the said Patrick [Wrycht] protesting that this was perpetrated illegally against the queen and it would turn in prejudice to his master. John sought instrument done around 8 am in the sanctuary of the kirk of Selkirk around 8 am before sir John Michilhill,notary, James Trumbill, Robert Wil¬sone.

23. Hopringile Hoppringle 4 Nov 1532 David Hoppringill in Yair… of his own free will…[sets to tack] to Margaret Ker, daughter of the deceased William Ker in Yair for grace and fa¬vours which she has borne him all the 5 poundlands of Slegdene within the district of the “Merches” in the sheriffdom of Berwik with pertinents from the said David as in his letter of tack containing a special assignation made, constituted and solemnly ordained renouncing all right, claim, ownership, possession, kindness, freedom and maintenance which he has or will have to the said Margaret of the 5 poundlands of Slegdene forever from himself, his heirs and assignees to the said Margaret, her heirs and assignees. David and Margaret sought instrument done in the sanctuary* of the kirk of Selkirk around noon before sir William Brydin, vicar of Selkirk, notary John Brydine.

[*”Sanctuarium” means sanctuary, shrine or kirkyard]

24. Rannik Murraye 19 Nov 1532 James Rannik in the court house of Selkirk before Mark Ker sheriff depute swore his great oath purging himself and his whole family to be innocent…of taking accepting unlawfully holding…or any art or part in the theft of two ewes from James Murray prosecuted openly in the sheriff court of Selkirk about which theft of the two ewes James Rannik with his compurgators John Hog, William Chessame, John Clerk, David Cogburn, David Scot, James Craufurd swore their great oaths by touching holy scriptures in the said court lawful¬ly purging all the foresaid and that he was shown to be acquit-ted…protesting that the said criminal prosecution did not turn to his prejudice. James Rannik sought instrument done in the court house around noon before Andrew Ker of Prumsyd loucht,Mark Ker,deputy sheriff, William Brydine, vicar of Selkirk, John Michilhill, Ninian Brydine, chaplain and notary.

25. Scott Scott 31 Jan 1532/3 Margaret Scott spouse of John Scott burgess in Selkirk presented a precept of sasine to James Scott bailie in that part who gave it to the notary to read out in the following form : John Scott burgess of Selkirk lord of a fourth part of land wadset to himself of Est Haning, to James Scott and William Portuiss my bailies in that part greeting. Because I have given, granted and demitted to my spouse Margaret in joint fee for her lifetime, all of one half the said fourth of the lands of Est Haning with pertinents and clearly those 20 shillinglands and by a redemption on the same from Robert Todrig who manures and occupies them in free tenement reserving to me as long as I live within the said place of Est Haning and lordship of Ettrick Forest and sheriffdom of Selkirk as is fully contained in my charter to Margaret thereon. Therefore I order and command you to give sasine of the above 20 shillinglands and pertinents without delay and a redemption of the same to Margaret or her rightful attorney according to the tenor of my charter…in testimony of which sir William Brydine has placed his seal lack¬ing her own on the 31 Jan 1532. After which the bailie gave sasine of the said lands to the said Margaret in conjunct fee etc. Margaret sought instrument on the ground of the same around 3 pm before [William] Brydine, David Scott, chaplain, William Scott, Robert Todrig, [James] Helme, William Portuiss.

26. Scott Scott 31 Jan 1532/3 Walter Scott, son and appar¬ent heir of John Scott burgess of Selkirk presented a precept of sasine to James Scott bailie in that part who gave it to the notary to read out in the following tenor : John Scott burgess and lord of a fourth part of the lands wadset to him of Est Haning to James Scott and William Portuiss my bailies in that part specially constituted greeting. Because I have given, granted and demitted to my son and apparent heir all the said lands wadset to me being the fourth part of Est Haning with pertinents and reserving a redemption to my spouse Margaret Scott of the same lands as long as she shall live and reserving a free tenement of the same to me as long as I shall live lying within the said place of Est Haning and lordship of Ettrick Forest and sheriffdom of Selkirk as contained in full in my charter to Walter made thereon and I firmly command and order you to give sasine of the lands to Walter Scott or his rightful attorney and in testimony of which I have procured the seal of the venerable William Brydine chaplain my own being missing at Selkirk 31 Jan 1532. After which James Scott bailie delivered sasine of the same to the said Walter, his heirs and assignees. Walter sought instrument done at the ground of the said lands around 3 pm before sir William Brydine, David Scott chaplain, William Scott, William Portuiss, Robert Todrig, George Helme.

27. Todrig 31 Jan 1532/3 as in the preceding protocol, Robert Todrig showed how he had the use of the 20 shillinglands wadset to John Scott burgess of Selkirk lying in Est Haning and that he was a special tenant of the same so long as he asserted the said lands remained unredeemed protesting that any sasine of the said lands or any contract given should not turn to his prejudice. Robert sought instrument done here at the said lands around 3 pm before sir William Brydine, James Scott.

28. Brydine Trumbull 4 Feb 1432/3 sir William Brydine chap¬lain declared by proclaiming to those then present that David Brydine and Janet Trumbill wished to be joined in marriage and by warning those then present that if the said David and Janet had any impediment they should let it be examined…and sir John Bry-dine chaplain announced there was an impediment lawfully alleging that the father of the said David had raised the said Janet over the holy font [ie was her godfather] and so, in spiritual under¬standing, their desire could not be fulfilled. To which the said sir William Brydine presented a dispensation from the apostolic see written on parchment and sealed…and handed it to me the notary to read out in the following tenor : To the venerable father in Christ the archbishop of Glasgow or his vicar or offi¬cial in spiritual matters Silvester Darius [Lucan?] chaplain of our holy lord pope and student [“studitor”] of causes in the holy apostolic palace to James king of Scots and messenger of the said pope and of the apostolic see, greeting in the lord. On the part of David Brydine layman and Janet Trumbill living in the diocese the petition brought contains that…the same desire to be joined in marriage but because David’s father held the said Janet over the font their desire cannot be fulfilled and so they make sup¬plication for a dispensation of the apostolic see…to provide a remedy to the above. Therefore we grant indulgence to the under¬written by letters of the said see from us and our assertion should be sufficient in all things…and concede that the impedi¬ment of spiritual understanding should be no obstacle to their marriage and to remain in that thereafter freely and lawfully validated by the merciful dispensation provided that the said woman will not have been taken by another by distinguishing the child lawfully [received?] therefrom. Which..through our secre¬tary I subscribe and seal dated Edinburgh in the diocese of St Andrews ad 1532 January 7
After which, David and Janet celebrated the marriage. Sir Wil¬liam, David and Margaret [sought instruments] in the chapel of Blessed Mary of Selkirk around 11 am before Robert Trumbill, James ( p/t ), John Michilhill, Ninian Brydine, Richard Brydine chaplain, David ( p/t)

29. Sincleir Wonterhop 6 Feb 1532/3 William Wonterhop…of his own free will…binds himself to give a certain tenement which was then inhabited by Thomas Dunne to Marion Sincleir his future wife irrevocably for her lifetime..to be conferred at the feast of Shrove Tuesday next after the same being given all fraud and guile excluded. Marion sought instrument done in the kirk of Selkirk, around 4pm before John Chepman, Robert Chepman burgess, master Patrick Wrycht, Edward Sincleir.

30. Helme Hawe 18 Feb 1532/3 John Helme demanded by what right James Haw then present did put himself above any law, title or ordinance of the burgh court to arrest and escheat, alleging that the said John under cover of night attacked his door without lawful reason and broke it and spoke threatening words…and the said officials [of the court] had promised him and up to the said statutory day affirmed that admissions were completed and.. witnesses called and by throwing out, reducing and annulling the lawful cause of the said John, he voluntarily…offered himself to the will and decreet of the inquisitors in the presence of the bailies and alderman which the said James said was not suitable evidence and protested he was innocent…of any crimes,malicious acts etc and did no damage…done in the court house of the burgh of Selkirk around noon before sir Ninian Brydine notary, Mark Ker bailie, Robert Chepman bailie, John Mithag, James Scott, John Curror.
[(Note in margin: “nulla [citatione?] canonicali et civile non ecclesiatione [quiscumque] non distingo.” I do not distinguish any canonical, civil or whatever ecclesiastical summons.]

31. Murraye Murraye 20 Feb 1532/3 Roger Murray burgess of Selkirk showed how he was in old age, deprived of strength…and thrown down and despoiled by thieves for which reason he was now in great penury and suffering hardship and by lamentable procla¬mation to certify promises at the altar of the Holy Sacrament by him…he sells and alienates his tenement of land and his move¬able and immoveable goods and an annualrent and lands at “le riggis” with pertinents in order to sustain himself in his piti¬ful life forever and the said Roger gives and confirms all his tenement with looms [“utensilis”] and household goods, heritable goods moveable and immoveable with back houses and yard thereto also seven “le riggis” of land with pertinents and an annualrent of 9 shillings uplifted on the tenement and annexed to the south of him, to his younger son James Murraye for a certain sum of money viz £20 scots. James sought instrument done around 3 pm before Mark Ker, ( p/t) bailies, James Keine, John Smail,Thomas Curror.

32. Murraye Murraye 24 Feb 1532/3 Roger Murray burgess of Selkirk came to his tenement of land with pertinents within the said burgh on the east side of the street called “le kirk wind” between the land of George Jamisoun on the east, the land of the heirs of Robert Scott burgess in Edinburgh on the south, the land or tenement of John Chepman on the north and the kirk wind on the west…together with seven rigs lying in ryndail and an annual¬rent of 9 shillings uplifted on a tenement of the heirs of the deceased Robert Scott and his moveable and immoveable goods…and by handing over earth and stones on ground of the same resigned the said in hands of the bailie who gave sasine of the same to his younger son James Murraye. James sought instrument done at the said tenement at around 10 am before William Portuiss, John Smail, Thomas Broun burgesses, master Patrick Wrycht, George Clerk, William Scott.

33. Scott 10 March 1532/3 Walter Scott son and apparent heir of the deceased John Scott of Robertoun his father, presented a certain breve of right to Mark Ker depute sheriff and demanded it to be lawfully endorsed and made public… who gave it to the notary to read out in the following tenor : James by Grace of God to his sheriff and bailies of Selkirk, greetings. We command and charge you that you cause a faithful inquest to be made by worthy men of the district by whom the better truth can be known, after swearing a great oath of what lands, [annual] rents with perti¬nents, the deceased John Scott of Robertoun father of Walter Scott bearer of the present [instrument] died last vest and [seised] as of fee at our peace and faith within your jurisdic¬tion and if the said Walter is the lawful and nearest heir of the deceased John Scott… and if he is of lawful age and of what value are the lands in time of peace, of whom held and for what service are they held, in whose hands they now rest, in what way, from what time. And whatever is done by the said inquest faith¬fully and diligently … under your seal and the seal of the inquest, you send to our chancery. At Edinburgh 10 Feb 15[32]. After the breve was read out…John Scott serjeant at the court house door…declared that anyone with an interest, objection or contradiction to the said breve [make himself known] and ..no objections being forthcoming…the said Walter humbly declared that he should have a form of decreet or deliverance or retour under the seal of the said inquest. Walter sought instrument done at the court house of the burgh of Selkirk around noon before sir John Michilhill notary, Master Michael [Scott], John Dikesoun, Thomas Ker in Yair, Walter Scott in Sintoun.

34. Scott and Douglaice Same day Stephen Scott procurator in the name of Isabel Douglaice showed how the said Isabel held certain lands in conjunct fee with her deceased spouse John Scott of Robertoun as contained in an instrument of sasine and a con¬firmation of the queen and he protested that the sasine, tack or title of confirmation held on the said land should not turn to her prejudice during her life-time by right and title of her conjunct fee. Isabel sought instrument done in the court house of Selkirk before sir John Michilhill, chaplain and notary, master Michael Scott, Mark Ker, Thomas Ker in Yair.

35. Scott Same day master Michael Scott master of arts de¬clared that he and the other inquisitors gathered to administer a certain breve of Walter Scott, son and apparent heir of the deceased John Scott in Robertoun his father, at the sheriff court in Selkirk and the which breve was taken, read out and judged in all its articles and discussed and discerned and deliberated all notices in the matter faithfully and the said inquest…found no error to forfeit the execution of the said breve. Master Michael sought instrument done at the hour and place above before wit¬nesses abovewritten.

36. Chepman Same day the widow Elizabeth Chepman showed how John Scott her deceased spouse in contesting a lawsuit, improvi¬dently made her executrix of his will, so therefore the said Elizabeth alleges that she will not undertake willingly all the executive duties of the said John …and that she neither has nor will have to make payment from her goods nor be intrometted as was cognised in many promises having taken her great oath on it and with consideration and mature judgement, Elizabeth renounces and abdicates herself forever from the debts, expenses and duties of the said John and whatsoever lawsuits, evidents, executive duties or testaments…incurring no damages from the burden of executrix. Elizabeth sought instrument done in the house of John Chepman around 3 pm before Robert Trumbill tutor of [Houdene], master Patrick Wrycht master of arts and notary, Walter Scott, Simone Farle, Thomas Forest, John Chepman.

37. Howatson 31 May 1533 [John] Howatsone showed how John Achesone son and heir of the deceased (blank) Achesone burgess of Selkirk had sold, alienated and for a certain sum of money pledged to John Howatsone his tenement lying in the said burgh binding himself, his heirs and assignees to pay John Achesone the said sum on the appointed day viz the feast of Whitsunday and the said John Howatsone to pay thankfully the said John for selling, pledging and resigning the said land to him on the said day….requiring Robert Chepman bailie of the said burgh then present to expel and discharge the inhabitants and occupiers of the said tenement warning those having interest that five days after the date of these presents that he, his heirs and assignees are satisfied with the said sum, the tenement with pertinents will be [handed over] under the form of obligation resigning it from the said John [Achesone] to John [Howatsone]. John Howatsone sought instrument done at the said tenement around 4 pm before Robert Chepman bailie,James [Jonsone], Robert Trumbill burgess, John Chepman, John Brydin.

38. Ker 10 June 1533 master Thomas Ker in Sunderlandhall [Blacklaw -scored out] showed how he was occupier and lawful tenant of the moiety [ of lands] of Sunderland with pertinents and the said [lands] extend…to the sum of [£10*] yearly…which sum the same master [has paid] in whole to lady Margaret in rati-fication as feuar of the said lands and. Master Thomas sought instrument done at the court house of Selkirk before William Duncan, depute sheriff for the day undoubtedly admitted, [Andrew] Ker of Primsyd, master James John[soun], Ninian Brydine,notary.
*[ See next item no.39]

39. Mariorebankes Flemynge Same day master Thomas Mariore¬bankis master of arts, showed how master Thomas Ker in Sunder¬landhall by his own admission acknowledged that he was and is occupier and special tenant of the moiety of lands of Sunderland with pertinents extending to £l0 yearly and…then master Thomas Mariorebankis procurator for John Flemynge presented a document in the form of a claim, viz in the sum of £40 yearly uplifted on the said lands to William [Duncan] sheriff depute on that day for approbation and witnessing and ratification and that on the same day the said master Thomas tenant as above presented a lawful warranty and by it [acknowledged] that the said master Thomas had presented no evidents, letters, rights or titles to defend himself and the sheriff William Duncan with consent of parties said he would make his judgement on the last [day] of July next after. Master Thomas sought instrument at 10 am before witnesses abovewritten.

40. Doby Dwnne 31 July 1533 John Dwne burgess of Selkirk bound himself, his executors and assignees to pay James Doby the sum of xii [12] ( p/t) [pounds?] within the next year…viz six and a half said sum at the feast of Saint Martin next after and the rest on the last day of July ” viz in penny and pennyworch¬tis”. James sought instrument done about (p/t) pm at the house of Marion Dwne widow before witnesses John Bellendayne and John Th[omsone].

41. Ker Brydine 2 Aug 1533 William Ker in Sanct Helenes Schaw and Adam Ker his son and invested heir, came to his tene¬ment in the burgh of Selkirk on the south of the king’s street between the lands of John Brydine on the east, the lands of master John Chepman on the south, the lands of John Lumisdane on the west and the king’s street on the north and there on ground of the same gave sasine of the tenement containing (40 – scored out) feet in length from the front to the south boundary, to David Brydine and his spouse Janet in life rent and their heirs without revocation forever. David and Janet sought instrument done on the ground of the tenement around noon before John Lumis¬dane, Thomas Mynto burgesses, David Brydine, John Brydine, Walter Haw, John Pacok.

42. Farle 9 Sept 1533 Adam Farle on the one part and Simon Farle, brother of the said Adam, on the other, held in their hands a certain document on paper in the form of a contract and bond between them…which they gave to me notary public to read out and transcribe on to parchment in form of an instrument in the following tenor. ” At Selkirk, the nynt daye of september the yeir of god 1533 yeres, it is appoyntit componit and irrevocabil¬ly acgreit betwix thir tua personis underwritting that is to say Simon Farle one tane part and Adam Farle his bruther on the tothir part in maner forme and effect as efter followis that is to saye the said Simon bindis and oblisis [himself] ayris, execu¬toris and assignais to content and paye to Adam Farle, [his ayris] and executoris and assignais the sowme of fourteine merkis usual Scots money at thir termis underwritting that is to saye sax merkis of the said sowme within aucht days nixt efter the date of this presentis and foir merkis at paische nixt efter and the tother foir merkis att lammas nixt thereafter and atour the said Simon and his ayris to possess the said Adam and his ayris frely and quietly vithout ony exactionnis, byrowis, malis and annuelis quhatsumever in ane tenement of land lyand in Hawilk and the said Adam and his ayris to sit mail fre in ane houss of the said Simon and his ayris ay and quhill he be frely and peceabilly possessit in the foresaid tenement baitht the saidis parteis exonerand and forgeiffand thereof al things bygane, present and fortocome be the vertue of contrak maid at Selkirk in the chalmer of the said Simon the same daye and yeir above writting befor thir witness sir Robert Ker vicar in Lyndene. sir Wilyiam Bradf¬futt, Robert Chepman, John Mithag, John Farle.”

43. Ker Kere 9 Sept 1533 William Ker in Quhitmurhawe bound himself, his heirs and assignees by virtue of this instrument in this way viz that John Ker his well beloved cousin has… made and joyfully possessed within the ground of the loch [“stagnum”] of Quhitmurhall sufficient space to build a house with attach-ments…lasting for the space and term of a tack from William Ker to the said John…also to build on the tack a barn and yard freely and without obstacle as he is possessed. John sought instrument done in the house of sir John Brydine around 7 pm before Mark Ker bailie, sir Robert Ker vicar in Lyndene.

44. Trumbull Helme 21 Sept 1533 James Helme of his own free will resigns, releases and quitclaims all wards, marriage con¬tracts, reliefs, evidents, letters, rights and claims of his lands in hands of [his cousin] George [Trumbill]. George sought instrument done around 3 pm in the room of sir John Michilhill [before] sir John Michilhill, Thomas Skwn, chaplain and others.

45. Scott Murraye 24 Sept 1533 Isabel Murraye of her own free will with the consent of Alexander Ellot her spouse leases and sets in tack amicably the lands, possessions and common pas¬tures of Kersshop which she rightly holds in conjunct fee and life rent lying within the lordship of Ettrickforest and the sheriffdom of Selkirk, to her brother german master Michael Scott for the duration of her conjunct infeftment. The said master Michael Scott, his heirs and assignees paying to the queen the rent used and wont and 30 shillings yearly to Isabel. Master Michael sought instrument done at the manor of the said master Michael around 8 am before Alexander Ellot, John Hoye, Janet Scott, James Rannik and others.

46. Murraye Murraye 3 Oct 1533 Roger Murraye freely demised, renounced and by virtue of this instrument irrevocably demitted from himself, his heirs , executors and assignees forever his tenement and 7 rigs of his own lands annexed thereto and an an¬nualrent of 9 shillings with pertinents in favour of his younger son James Murraye…and invested the said James in the said lands by tenor of this charter and sasine made thereon paying to the said Roger 20 shillings if asked. James sought instrument done in the house of James Helme around 7 pm before John Smaill, James Helme and others.

47. [A note at the top of the page preceding the next instrument reads ” A note of the mortification of an annualrent to the shrine of The Holy Rood…”]
Gledstainis 22 Oct 1533. Elizabeth Gledstanis spouse of the deceased Robert Ker burgess of Selkirk…of her own free will taking leave of this world repenting (p/t) fearful also consider¬ing the vain changeable wavering inconstancy in the soul of her said spouse and to the everlasting and turning kindly eyes [in] farewell of her children, the [king?] of Scots and of all the faithful, resigned a tenement which she had for her lifetime lying in the burgh of Selkirk on the south side of the king’s street which leads to the well on the one part between the tene¬ment of the said Robert Scot previously donated and annexed to the service of the Blessed Virgin Mary situate in Selkirk on the other on the west, the said king’s street on the north, the tene¬ment of James Brydin on the east and the lands of George Chepman on the south in hands of her son Mark Ker and the bailie James Scott requiring that this present [instrument] be in the form of a mortification to annex, donate and mortify the said tenement and orchard with pertinents for the service, care and ministry and altar of the Holy Rood in Selkirk in the profit and use and sustentation of sir John Brydin for that time chaplain minister¬ing at the said altar and his successors…and the said Elisabeth resigned the tenement with orchard, pertinents and an image of the Cross in hands of the bailie who gave sasine to sir John to serve the site forever in the form of a foundation and mortifica¬tion. Sir John sought instrument done here on the ground of the tenement around 3 pm before sir John Michilhill, William Brydine, John Brydine chaplains, James Bradfut, John Chepman, George Michilhill burgesses, Master Patrick Wrycht and William Scott.

48. 19 Nov 1533 sir John Brydin procurator and in the name of Elisabeth Gledstanis produced and published a charter and instru¬ment of her lands of Wra …[given] in the court of the barony of Hundils[is]hop before bailie James Gledstanis and lord superior of the same before witnesses Patrick Murray of Fawlohill, William Scott in [Tussilaw], [Richard?] Gledstanis, John Gledstanis, Wil¬liam Diksone, (illegible), John Scott, William Scott and on which [sought] instrument sir John Brydin and sir William ( p/t).

49. Freir Fairle 22 Nov 1533 the young woman Janet Freir, apparent heir of John Freir her brother with the consent of her mother Marion Freir brought certain evidents viz a letter of reversion [resigning] all right, claim, kindness and possession which she has, had or will have to the tenement of Caldshielis with pertinents and a shrine [“oraculo”] in hands of Simon Fairle burgess of Selkirk and in favour of the said Simon for a payment 40 shillings to the said Janet. Simon sought instrument done around 11 am before sir William Brydin and sir John Michilhill.

50. Mark Widow (“Vidua”) 12 Dec 1533 the widow Marion Moris with the consent of her son freely constituted Mark Ker in Kip¬pielaw and William Hog special assignees to her land viz to ” half a land” called “Hil land” and to two (illegible) and “landis lyand in ryn daill” within the bounds of Midlame…and renounced all right and claim thereto. Mark and William sought instrument before (page torn to end of instrument).

51. Scott Wrycht 25 Jan 1533/4 Thomas Scott in Aikwode ester for himself and all other tenants living in “le Aikwode” paid gave brought and delivered the sum of £10 scots for his part in the occupation and appropriation of grain, comestibles and ar¬rears and in the interest and vicinity of “le Hartwod myris” with pertinents to master Patrick Wrycht the queen’s chamberlain of Ettrick forest by which sum the said master Patrick in name of the queen Margaret infeft of the said forest and her spouse Henry lord Methven was paid in full as agreed beforehand [and] if the said Thomas and tenants of “ester Aikwod” fall into poverty [or] the said Thomas and the tenants to be distrained or compelled civilly or canonically to defend, relieve and serve indemnity and to the respondents or to the said Thomas and tenants the said sum be satisfactory and relieve. Thomas Scott for himself and tenants sought instrument done at the chamber of sir John Michilhill chaplain in Selkirk around 3 pm before sirs William Brydin, John Michilhill, Ninian Brydin notary, Thomas Johnesoune, sir Stephan Wilkesoune.

52. otman Lauder 11 Feb 1533/4 William [Lauder] burgess of Edinburgh came to his tenement of land with pertinents lying within the burgh of Selkirk on the east of the king’s street which leads to the well between the land of the heirs of Patrick Kene on the south, the said street on the west, the other king’s street which leads to the well on the north and the lands of the said William ( p/t) on the east and there resigned all the tene¬ment of land fore and back with the house called “le Peil” and yard adjoining it and with pertinents as is custom by handing over earth and stones on ground of the same, in hands John Mithag one of the bailies of the said burgh who gave sasine to the widow Marion Notman in tenor of a charter to Marion and her heirs from William Lauder made thereon. Marion sought instrument done on the ground of the same around 11 am before John Lauder, William Portuis burgesses, James Melros, sir Bartholomew Robesoune.

53. Melross Lauder Same day William Lauder came to his tenement of land on the south of the king’s street leading to the well between the land of the heirs of the deceased William ( p/t) on the east, the lands of the said William Lauder on the west, the said king’s street on the north and the lands of the heirs of the deceased Patrick Kene on the south…and there on ground of the same resigned the tenement containing in length nine and a half ells with yard adjoining and of equal width in hands of the bailie John Mithag who gave sasine to James Melros, before wit¬nesses above [52].

54. Caidzo Lauder Same day William Lauder burgess [came] to his tenement of lands in the burgh of Selkirk containing ten and a half ells in length between the land of Marion Notman called “le Peil” on the west, the king’s street leading to the well on the north, the lands of the said William on the east and the yard of the said Marion on the south and there on ground of the same [resigned it] in hands of John Mithag who…gave sasine to James Caidzoo before the same witnesses [52] and at the hour above.

55. Hall Wonterhop Same day James Hall on the one part and William Wonterhop on the other presented a document in the form of a bond and contract and reversion in the following tenor…
“At Selkirk the levint day of februarii the yeir of god 1533 yeiris it is appointit and aggreit betvix James Hall one ane part and William Wonterhop one the tothir part in maner [followand] that is to saie the said James sal be peceably brouk [ in ane] tenement of land with the pertinentis pertening to the said William Wonterhop the quhill the said James duellis in and occup¬yis the samyn be verteu of sesing ay and quhilk the said William or his ayris executoris or assignais content and paye in usual money to the said James his ayris executoris or assignais apone ane daye betwix the sone rysing quhatsumever tyme and plaice thai be warnit thairto the sowme of 40 shillings of the quhilk sowms of fourty shillings of the said William haldis him content and pait and dischargis the said James his ayris (illegible) and the said William til uphald the tenement forsaid [in all] thingis necessaris in and howsumever that the saidis William his ayris,etc pais and contentis the said James his ayris etc, the forsaid soume of 40 shillings the said James his ayris etc sal discharge thaim of all richtis saising ingres clames thereto [in] the said tenement with this condicioune the said James his ayris etc to pay the annuallrent to oure lard and to brouk the samen tenement tua yeris efter the (illegible)”. The which read and seen the said William [resigned] the tenement to John Mithag bailie who gave sasine to John Hall and his heirs… done on the ground of same around 4 pm before William Portuiss, Cuthbert Hall and John Mithag.

56. Steward Murraye 5 March 1533/4 Patrick Murraye of Fawlohill on the one part and William Steward (illegible) on the other [brought] a document on paper in the form of a bond, com¬mission or contract…and gave it to the notary in the following tenor ” At Selkirk the fift daye of the monthe of marche”
[Instrument ends here.]
[The next group of pages (xlvii – lviii) is bound out of se¬quence.]

57. Steward Same day William Steward lord of Tracquhair binds himself, brothers, friends, cousins and tenants that if it happens that Patrick Murray and his cousin, kin and tenants to (illegible) or object the reasons, allegations, pledges (illegi¬ble) the said William and his friends and abovewritten to clear themselves lawfully (illegible) by circumspect [men] and other friends (illegible). William sought instrument done at the same hour, day, month before witnesses James Gledstanis of that ilk, master Michael Scott in Aikwod, William Scott in (illegible), John Michilhill. Or subject him to a decret of arbitration requiring [him] to compromise [and be] content and that the said Patrick had finally done.

58. Murraye Same day Patrick Murray in Fawlohill declared that himself and William Steward had made a compromise and con¬tained in it was a declaration that the said William, his broth¬ers, friends would not molest or injure him in words or deeds and to be content for the duration of the decret of arbitration. William sought instrument before witnesses above written.

59. Brydine 11 April 1534 James Scott bailie of Selkirk came to a chamber and house in the west thereof called “le lang stabill” which was inhabited at the time by sir William Brydine, vicar of Selkirk and there on the ground of the same gave sasine to William Brydine son and heir of Robert Brydine by handing over earth and stones, reserving however free tenement of the said land to sir William Brydine as long as he lives. The said William sought instrument done here at around 11 am before sir William Brydine, David Scott chaplain, William Portuis, ( p/t), Thomas Ker, Thomas Dinghop.

60. Brydin Brydin 11 April 1534 William Brydine son and heir of Robert Brydine his father came to the house then inhabit¬ed by sir William Brydine vicar of Selkirk, brother german of the said Robert, being known as “the lang stabill awester” with pertinents lying between the land of John Mithag on the west, the land of William Bennat on the north, the lands of the said Wil¬liam on the east and the lands of master John Chepman on the south…and resigned the chamber and “lang stabill” tenement in hands of the James Scott bailie who gave sasine to his brother german John Brydine for his lifetime in tenor of his charter made thereon…and reserving the free tenement [as above]. Done at the hour as above.

61. Helme Curll 15 April 1534 John Curll burgess of Selkirk showed how he and his spouse Margaret Curll were by their old age and weakness of bodies…thrown into destitution and poverty…and compelled by necessity, John with the consent of his spouse, of his own free will…sold to John Helme, one iron anvil, a “foir hammer” and a carved table with forms and trestles (“mensam cilaris cum formalis et tripodibus”) for the sum of 47 shillings and 8 pence and discharged the same forever. John Helme sought instrument done at the smithy of the said John around 4 pm before James Craufurd, Stephen Loremer burgesses, ( p/t) and Patrick Spens.

62.
“the ryding off the comon [of] Selkirk”. [ The rest of the page is blank although crossed and signed by [R.] Scott showing it has been examined for fraudulent insertion before the Lords of Coun¬sel.]

63. Scott, procurator for Peter Portuiss 5 May 1534 James Scott bailie of Selkirk, procurator in the name of Peter Portuiss his cousin, showed how the said Peter was lawfully seised in a maltkiln and yard annexed with pertinents then occupied and inhabited by the deceased [Robert] Portuis, his uncle and that he was the lawful heir of the said Robert and at an inquest of the burgh no impediment was found…or protest was forthcoming…and occupation of the said malt kiln or yard was conferred on him. James sought instrument done at the court house about noon before John Mithag bailie, John Chepman, James Keine, William Portuis, George Michilhill, James Scott, burgesses of the said burgh.

64. Brydin Same day of the month of may as above sir Ninian Brydin speaking for and in name of John Brydin his kinsman showed how he had given a false sasine to Peter Portuis alleging that the same was of no value concerning the said [maltkiln] and yard with pertinents and from this that Peter Portuis was not..seised of the said maltkiln, yard and pertinents as he asserted requir¬ing then the said Peter Portuis to present evidence of sasine and if he was given by Robert Portuis the said maltkiln yard and pertinents on which the said Peter now [shows] them. Sir Ninian sought instrument as above.

* Two loose pages are inserted here listed as 66 and 67.

65. Portuis Same fifth day of the month and year above, James Scott bailie came to the tenement of which the said Robert Por¬tuis died last vest and seised and there gave sasine of the said tenement with pertinents…in the form of a testimonial letter by James Kene then bailie under the common seal of the burgh given to the said Robert Portuis by his father James Portuis…the which letter was fully delivered to me, notary for reading out by the said Peter before the present inquest.

66. [Originally a separate sheet]
“The xiii day of july Robert of of (sic)howpaslot and niniane andersone hes grantit in thir presens of the vytness undervryt¬ting that thai haif resavit in nayme and behalff of M. Thomas Mairiorebankis sevin schoir and xv yowes and vi xx [six score] and xiiii yeild scheip fra patrik murray sanders murray and James greff and hes markit and keillit [ie marked with ruddle] the gudes forsaid to utilite and profett and the said Patrik Murray of hes fre vyll be supplication of Robert Scot grantit to gef the saidis gudis geris ane yeir mal fre and ferder induring the said patrik vyll [text ends here].
Reverse of 66. ” The quhilk day Patrik Murray of Fallawhill in presens (illegible) undervrytting exponet that Villem [Mur] and archebauld hereot messengeris hes caussit to appris sevin schoir of milk yowes and xv and six schoir of yield scheip and foirtene of his for certane sowmes awud be the said Patrik to the king’s graice and now master Thomas Mairiorebankis hes coft and call the forsaidis gudis fra maister hendre bonayes thesaurer clerk and the said patrik murray and Sanders Murray James greife borrowis for the saidis gudis hes deliverit the saidis gudis haill and fere to Robert Scot and Niniane Andersone in nayme and behalff of maister Thomas Mairiorebankis.”
On which Patrick Murray sought instrument.

67. [Originally a separate sheet].
“The secund day of Ianuar in the yeir of god ane thousand vcxxxix [1539/40] we Gilbert Ker of Prumsydlocht and Mairyone Hoppringill his moder coniunctly and severaly bindis ws be tenor of thir presentis and instrumentis to be tane therupone to purches and get the nonentres fre to Jenot Neuton lady of Dalcoif and Ad[am] Ker hir spous ther airis betuex this and witsonday nixt to cum efter the dait of thir presentis of fyv lib landis lyand in Town Yethame pertenand to the said Jenot and hir ayris under the pane of thre hundrecht merkis gud and usuaill money of Scotland. Elyk wys William Ker of Shawe and Ad[am] Ker his sone bindis and oblys thayme coniunctly and soverally to geif Gilbert Ker and Mairyone his moder the sowme of fourtty merkis usuaill money for coftis, travelle and expensis maid be the said Gilbert in the purchesch¬ing of (illegible and torn) betuex this and witsonday next to cum under the payne of thre hundrecht merkis (p/t) saidis William, Ad[am] and Jenot remittis and quhort out quhictis all intromit¬ting (p/t) be the said Gilbert and his gudschir and fader of the said fyv lib lands thir [presentis] complect wrytting at Grenheid the said day and plaice befor thir vytness G[eorge Ker of] Lyn¬toun, Andrew Loucht, sir John Blyth, sir Ninian Briden and sub¬scribit with bath the parteis handes, Gilbert Ker in Grenheid, Maryone Hoppringill with my [hand], Adam Ker with my hand, Woll Ker with his hand at the pen.”
Reverse blank.

68. Portuis 5 May [1534] Peter Portuis lawful heir to Robert Portuis his uncle presented a testimonial letter sealed under the common seal of the burgh of Selkirk to James Scott then bailie requiring the same to invest and seise the said Peter in and to all of which the said Robert died last vest and seised and the bailie gave the letter to the notary to read out in the following tenor “Sen neidful thing is to beir witnes to suchtfastnes and speaceli in thai thingis that maye gener preiudice to innocent personis heirffor I James Kene bailye in the burcht off Selkirk beris leill witness that the sewint daye of Januar the yeir off our lord 1496 yeris that day personalye comperit ane honorabill man James Portuis burgess in Selkirk and that daye in presens off thir witnes underwritting puirly and sympilly resignit and upg¬aiff be erd and stane in the handis off me the forsaid bailye James Kene ane certane of his land that is to say the est syd off his clois fra the foirhous extendand to robert scottis land and (illegible) watsonis land one the est syd and the said James landis one the norcht and vest parteis with fre usche and entre to the foirgait sa at the throuchtgang ower the foir gait be (p/t) futtis one breid. At the favor and requeist off hes [welbelovit] sone carnal roben portuis and this resignatione sa maid I the forsaid baillye gaif heritabll stait sasine and pos¬session to my belovit frend roben portuis forsaid to him, his ayris executouris and assignais imperpetuall and until al and sundry quham it efferis I maik it knawen be thir my present let¬tres off testimoniall. In wytnes of the quhilk thing I the for¬said bailye James Kene because I had not ane seill (illegible) proper present off my awin I haif with instance procurit the common seill of the burcht of Selkirk to be hungin to this present lettres off testimoniall daye and plaice forsaid and befor witnes that is to saye sir John Brydin chaplain, sir James Portuis, Johne of Lauder elder, Johne of Lauder younger, William Mayne, Cuthbat Trumbill, Rinyen Graye, Thomas Tailyer, Thomas Graye, William Richertsone, George Scott”… the which having been read out, the bailie by virtue of his office gave sasine of “le est syd of the cloiss” with pertinents to Peter Portuis… [ heir] of the deceased Robert aforesaid by delivering of earth and stones save the right of whomsoever with free tenement…for his lifetime. Peter sought instrument done at the said close around 4 pm…before John Chepman, William Portuis, William Scott, George Chepman, James Kene, John Loremer burgesses of the said burgh.

69. Chepman Bane Same day John Chepman in the name of his wife Elizabeth Bane sought an instrument to say that the said Elizabeth [knew of] no impediment…why on account of the said Peter she should be disinherited, expelled and her right of a life rent of the east side of the close be removed according to the tenor of the letter of testimonial…about which the said Peter acknowledged the said Elizabeth should not be molested while she lived in the said [liferent].

70. Hoppringill Scott Mithag 10 May 1534 George Hoppringill in Torretle had prosecuted a certain woman Elizabeth Fawlaw in his custody because an act of theft was discovered and through the bailies of Selkirk, James Scott and John Mithag and their officers had arrested…the woman and the said George under the laws regarding goods received from the bailies ” ane gowne of russett, ane browne clok, four ellis off quhit [cloth], ii[2] pair off womannis hoiss maid ane quarter off braid reid, ane pair off new lynning scheitis, a curche and colar, ane ald serk with ane linning scheit” and the said George promised and obliged himself to render from the said woman and goods as the law de¬mands he should render them. George and the bailie sought instru¬ment done at the market cross around 5 pm before Master Thomas Ker in Sunderlandhall, James Ker (illegible), William Brydine, John Brown, William Scott, Alexander Gledstanis.

A note appears at the top of the next page : “The Compt off delyverance of Selkirk”.

71. Murraye 10 May [1534] Patrick Murraye of Fawlahil, sheriff of Selkirk declared that a certain woman in his custody Elisabeth Fawlaw for an act of theft was delivered to him in order that he should administer his office and prosecute in the sheriff court and a proclamation was made in Selkirk that anyone with a grievance against Elisabeth Fawlaw should compear at a certain time in the morning of the prosecution which having been done and no one coming forward and the said Patrick being present and preparing for justice protested that the theft by the woman was alleged and that it should not turn to him and his heirs and assignees in prejudice or harm no one prosecuting. Patrick sought instrument done at around noon before Mark Ker in Kippelaw, Adam Scott in Fawside, James ( p/t )myddall, David Pringill, Adam Dalgless.

Some faint writing appears at the top of the next page overwrit¬ten with the main text “Thomas Cort wythe my hand at the pen led be me the xix daye of mai…”

72. Ker Maitland 30 May 1534 Andrew Ker son of Mark Ker in Litildene showed how [John] Maitland when of late an officer of the said William (p/t) Castellawe unjustly and against the law of title distrained and seized his moveable goods in erin heuch alleging that the said goods pertained to Andrew and not his father Mark of which things mentioned before, pronounced by the said Andrew under the burden of law , he accepted and took away the same [goods] from John and William and on the converse the said John Maitland and an officer alleged the said goods per¬tained to Mark father of Andrew and not to him and the said [goods] were to be distrained and seized as well as the (illegi-ble) belonging to the said Mark it should be done. Andrew and John sought instrument done on the king’s street in the burgh of Selkirk around 6 pm before master (p/t), John Cob, George Michil¬hill.

73. Waucht Heip Ker 17 June 1534 John Waucht lord of Heip and Elizabeth Ker… made an agreement between them that Elizabeth resign all right and claim she has to a third part of the lands of Heip and also Cragwod in “water off roull” lying within the sheriffdom of Roxburgh, in hands of John Waucht and his heirs in the form of an instrument of compromise and quitclaim and so the said Elizabeth demits and discharges forever all the above lands with her moveable and immoveable goods, debts, ferme and arrears forever to the said John his heirs executors and assignees paying to the said Elizabeth her heirs executors and assignees the sum of ten merks at the following terms, 4 merks at Martinmas next, 3 merks at Whitsunday next 3 merks at Martinmas following that. John Waucht sought instrument done in the parish kirk of Selkirk around 5 pm before John Reddaill of that ilk, George Ker in Lyntoun, George Tait in Pyrne, Walter Scott in Syntoun, Thomas Ker in Yair, sir Richard Wauch.

74. Brydin Mithag 8 July [1534] James Brydin and John Mithag burgesses of the burgh of Selkirk showed how the said James and John in respect of a certain inquest into the value of the lands of the lordship of Selkirk pertaining heritably to Patrick Murray elected, summoned, called, swore and decreed with other inquisitors at this a return be made by the elected for the court with seal attached protesting that the said sealing would not turn to their prejudice. (p/t) sought instrument done around 4 pm before witnesses (p/t).

75. Curror Chepman 18 Aug 1534 John Curror burgess of Sel¬kirk son and heir of the deceased Walter Curror came to his tenement of land lying in the said burgh on the south side of the king’s street which leads to the loch between the land or tene¬ment of James Mithag on the east, the land or tenement of William Lermont on the west, the place called “the Bog” on the south and the king’s street on the north… and there on ground of the same resigned the said tenement of land with backhouses and yards lying outside the gate on the south side of the king’s street which leads to the loch in favour of his spouse Janet Chepman in conjunct fee for her lifetime and there on ground of the same the bailie James Scot gave sasine of the same according to the tenor of a charter made thereon. Janet sought instrument done on the ground of the tenement around 3 pm before William Portuis serje¬ant, ( p/t), John Chepman, Patrick Freir, Alan Mithag, burgesses of the said burgh and William Chepman.

76. Murraye Dowglaice 6 Oct [1534] Patrick Murraye of Faulohill sheriff of Selkirk, in name of the king required Wil¬liam Douglace of Bonjedward [compear] within his court at an agreed time to proceed with an inquest and with others decide and discern what were the royal requirements. The said William pre¬pares (p/t) and Patrick sheriff (p/t) gestured with his hand breaking (p/t) over the said William. Patrick sought instrument done around noon before witnesses ( p/t ).

77. Same day William Douglace of Bonjedward acknowledged that he was required by Patrick Murraye sheriff of Selkirk to plead at an inquest declaring himself prepared to be obedient (illegible) to the service of our supreme lord king…and William declared he was superior to the sheriff [and] that no service ought to be given by the inquest. William sought instrument at the hour above.

78. Chepman 13 Oct 1534 John Dwne and Marion Chepman of their own free will held in safekeeping the heritable goods of Janet Scot son (sic) and heir of the deceased George Scott burgess of Selkirk viz “ane meit almery, [ane] kist, hir faders bed with pertinents, ane pot, ane pulder [pewter] plait and ane chandilar” which were received and the said Janet faithfully agreed to keep her said goods in [their safekeeping]. John Chepman grandfather of the said Janet in the name of Janet sought instrument done in the chamber of said John Chepman around 4 pm before James Scot, James Bradfutt, William Scott and John Dwne burgesses.

79. Hall 27 Oct 1534 the young man David Haw son and heir of [John Haw] burgess in Selkirk of his own free will…binds him¬self to resign and quitclaim without delay a tenement with croft and pertinents which the said David has from the abbot and con¬vent Melrose [set in tack] to his father John. John sought in¬strument done at the chamber of sir John Michilhill chaplain around 2 pm before sir John Michilhill notary, James Wilkesone, George Michilhill burgesses and John [Michel]hill

80. Brydin 10 Nov [1534] sir Ninian Brydine procurator in the name of his kinsman [“nepos”] John Brydin alleged that a false sasine was given by James Scott bailie to Peter Portuis of certain lands pertaining heritably to the said John…and that the said bailie did not see a letter of infeftment of the de¬ceased Robert Portuiss uncle of the said Peter. sir Ninian chap¬lain sought the instrument here at the court house of the burgh of Selkirk around the hour of eleven am before [Robert Chepman], James Keine bailies, sir John Michilhill notary, David Brydin.

81. Graham 10 Dec [1534] Walter Scott tutor of Hanyng prom¬ises and binds himself to be subject to….all contracts made be¬tween Thomas Graham and John Brown and to reply and respond for the said Thomas in law and the same to be upheld in all things. Done around 5 pm before witnesses ( p/t).

82. Brydin 15 Dec [1534] sir Ninian Brydin chaplain speaking in the name of Thomas Johnson his kinsman [“nepos”] declared that James Craufurd burgess of Selkirk with sir Hugh Riddaill and their accomplices [made] an arrest or royal escheat…on the said Thomas by a royal officer over a bed and press artificially [skilfully?] carved in wood pertaining and belonging to the said Thomas heritably and they had broken, held in contempt and had arrested the bed and press against our title as the same asserted and accepted. Ninian sought instrument done here in the burgh court house around noon before Robert Chepman, James Keine bai¬lies, John Mithag, James Bradfut burgesses.
Same day the said Ninian sought from sir John Michilhill the best gown of the deceased master James Johnson…the which [gown] the said sir John Michilhill acknowledged he had and was given to him for debts in hands of [Thomas] Johnsone elder.

83. Hendersone Burne 16 Dec [1534] Robert Chepman, James Helme, John Smaill, Andrew Mcdowell arbiters for Thomas Hender¬sone and Katherine Burne unanimously decided to divide the under¬written goods between the said Thomas and Katherine thus : seven ewes to Thomas and six ewes to Katherine, six hogs to Thomas and six to Katherine, ane stot and ane stirk to Thomas and a cow to Katherine, six stone of butter and six quarters of cheese to John Hendersone son of the said [?Thomas], 15/6d to Katherine and 13 shillings to Thomas and thirteen shillings which the said Kather¬ine shall pay to the said Thomas between now and the feast of Kentigern next after, thirteen ells of fulled cloth [ “panni fulli”] to be equally divided, the said Thomas to pay a debt of a boll of flour and the said Katherine another, equal shares of two tables and other household goods and utensils…done around 4 [pm] before William Portuis, Patrick Graden, and James (p/t).

84. Helme 30 Dec [1534] James Helme resigns in hands of Robert Chepman bailie in favour of his son George Helme, his forge, anvil, bellows and all his iron and non-iron instruments for the art of forging and the said bailie gave sasine to the said George Helme and his heirs failing which to James Helme and Paul Helme his younger brothers reserving the free tenement to the said James while he lives. Done at the forge around 2 pm before William Brydin,Stephan Loremur, William Flecher, James Cant burgesses, Alexander Scott, William Mathosone. “memorandum George ane kist the maist with ane stand bed”.
Same day James Helme with the consent of his spouse Janet Curll resigned in favour of his son George Helme a croft in the lord¬ship of Selkirk with pertinents lying between the lands of Thomas Morlaw on the east, the lands of William Brydin on the west, the lands of John Chepman on the north and the king’s street leading to the town [“casa”] loch* [ on the south] and the bailie deliv¬ered sasine of the same to the said George.
Same day James Helme with the consent of his spouse Janet Curll resigned the tenement in which he was living in favour of his sons James and Paul together with houses, backhouses and yard and the bailie gave sasine to the said James and Paul “fra the durris [ben?] with the west syd of the closs and yard” to James Helme and “fra the durris but with the est syd of the cloiss and yard to Paul Helme”
Memorandum : Paul Helm sal haif the mekil pot, ane skift with ane stand bed and James ( p/t ) with the burd and tr[ests].
* The Haining Loch; burgesses had the right to use the water from it until the nineteenth century.

Next page blank and cancelled.

85. Murraye 26 Jan [1534/5] Patrick Murraye sheriff of Selkirk showed how he held his own court lawfully in the court house of Selkirk and [affirmed that he] had always held his court openly in the place of the said court house and by no means had he impeded the bailies of the said burgh from holding their court but the place was open lawfully to them at the hour and day. Patrick sought instrument done around 2 pm before Mark Ker, sir Ninian Bridin notary, George Ker, James Scott and George Michil¬hill.

86. Brydin On which day Ninian Brydin in the name of Thomas Johnsone alleged that Robert Chepman had broken a certain ar¬restment of a stack of grain. Ninian sought instrument before James Kein, John Muthag, William Portuis.

87. Chepman The same day Robert denied the arrestment was broken and the said stack of grain was present within the bounds of the burgh.

88. Lauder Same day William Lauder procurator in the name of sir Hugh Reddaill showed how James Craufurd by an arrestment brought over a certain bed and wooden press of Thomas Johnsone had now been broken with his consent before witnesses Mark Ker, James Keine, William Keine, master John Williamson.
The same day Ninian Brydin procurator for Thomas Johnsone alleged that James had violated the burgess oath [when] he in a partisan manner broke the royal arrestment brought on his house and did not serve justly.

89. Brydine [ The name of Ninian Brydin is scrawled across the top of the page] 2 Jan [1534/5 ] William Brydin burgess of Selkirk showed how slander and murmur by certain of his fellow citizens had been promulgated alleging that the said William had unlawfully taken two ewes and had sold them to two wool merchants [“laniatoribus”] of the burgh about which the said William pledges his faith and swears his innocence..by the tenor of this instrument with the said wool merchants viz Robert Smyth and Thomas Hog and he was acquitted by the worthy burgesses under¬written Mark Ker, James Brydin, James Scott, William Portuis, John Chepman, William Scott, sir William Brydin, James Bradfut, Robert Chepman and many others and purged by touching the holy evangel of God. William sought instrument done in the church of Blessed Mary of Selkirk at the time of High Mass before witnesses sirs John Michilhill, Ninian Brydin notaries, Adam Scott in Fawsyd, William Scott in Faldishoip, John Lauder, John Browne and David Mithag.

[Next page is blank and cancelled.]

90. New Protocol Brydin Brydin 12 Feb 1534/5 James Brydin burgess of Selkirk came to two rigs of land [lying] in Dunsdalis within the lordship of Selkirk and the sheriffdom of the same between the lands of Patrick Murray of Faulohill on the west and the lands of John Scott on the east, the lands of John Hall on the north and south and resigned the rigs in hands of the Robert Chepman bailie who gave sasine to John Brydin [brother?] of the said James. John sought instrument done on the ground of the same around 4 pm before Alexander Smyth, James Keine, (illegible), Thomas Wilkesone.

[Next page is blank and cancelled.]

91. Bradfut Scott and Scott 4 March 1534/5 Alexander Scott burgess of Selkirk came to his tenement of land in the said burgh then inhabited by James Bradfutt between the tenement of Patrick Murray then inhabited by Janet Scott relict of the deceased George Scott burgess of the said burgh on the east, the lands of the said Patrick on the north, the tenement of the heirs of the deceased Cuthbert Trumbull on the west and the king’s street on the south and resigned the tenement in hands of the Robert Chep¬man bailie who gave sasine in favour of Thomas Scott son and apparent heir of Alexander Scott forever and the said Thomas without delay resigned the tenement in [blank and cancelled page here] hands of the bailie who gave sasine in favour of James Bradfutt according to the tenor of his charter. Thomas and James sought instrument done on the ground of the said lands around [ten] am before John (illegible), William Bennat, George Michil¬hill burgesses of the said burgh, (illegible) Johnestoun, William Scott.

[Part of next page cancelled]

92. Murraye Helme 24 March 1534/5 James Murray resigns in favour of his spouse or Christian Helme half of his fore house viz “fra the durris but” with the barn annexed on the north with free entry and ische to the yard and the bailie gave sasine of the said house with barn to the said Christian for her lifetime in conjunct fee. Christian sought instrument done on the ground of the said tenement before Adam Bowmaker ( p/t ).

93. kune Gren heid Ker 3 April 1535 sir Thomas Skune chaplain in name and authority of Thomas Ker in Yair publicly forewarned Andrew Ker in Prumsydloucht at his place called Grenheid accord¬ing to the tenor of a [reversion] to compear within 40 days within the sanctuary of the kirk of “Selikirk” to receive a cer¬tain sum of money from the said Thomas. Sir Thomas sought instru¬ment done in the hall of the said place around noon before Robert Ker, (illegible) Andersoune, John Hesilhoip and Andrew Fairle.

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94. Michilhill Bennat and Ker 16 April 1535 Mark Ker in Kippelaw binds himself his heirs, executors and assignees to relieve and discharge the worthy men underwritten viz George Michilhill and William Bennat in respect of acts, instruments and contracts [he had] made through the said George and William as well as acts made with the abbey and convent of Melross through John Scott in Thirlstane. George and William sought instrument done in the chamber of John Brydin chaplain around 2 pm before William Douglass, John Andersonne, John Scott in Thirlstane, Simon Gledstanis.

95. Wrycht Rutherfurd 22 April 1535 David Rutherfurd attor¬ney in the name of John Rutherfurd of Honthill presented a pre¬cept sealed under the Great Seal of our lord king to master Pat¬rick Wrycht master of arts, in hands of the bailie in that part who gave it to me notary to read out in the following tenor [page blank and cancelled. No detail of precept given] sought instru¬ment done on the ground of Blakhauch around one pm before sir George Wallace chaplain, William Johnsonne, Robert Michelsone, Adam Blaik[hop].

96. Rutherfurd Same day master Patrick [Wrycht] ( p/t) pub¬licly forewarned all the indwellers of the royal lands of Blak¬haucht between now and the feast of Whitsunday next following the date of these presents…and that all the indwellers [there] of the lordship of Ettrick Forest were summoned and forewarned by royal letters to flit at the said feast. Adam Rutherfurd sought instrument done wholly as before.

97. Ker 15 May 1535 Thomas Ker in Yair showed how he had lawfully forewarned Andrew Ker in Prumsydloucht at his dwelling place called Grenheid on 3 April last through his procurator sir Thomas Skune to compear within 40 days at the sanctuary of Sel¬kirk to receive a certain sum of money according to the tenor of a reversion produced and shown by the said Thomas and the said Thomas compeared with an authentic copy of the reversion…and handed the money in gold and silver lawfully counted into the custody of the bailies of the burgh of Selkirk, Robert Chepman and James Keine…and the said Andrew not compearing to receive the said sum according to the reversion, the said Thomas protest¬ed that his return to the lands contained in the reversion in the absence of the said Andrew and his heirs should not fall to his prejudice. Thomas sought instrument done in the sanctuary around 10 am before Mark Ker, James Keine, (illegible) Michilhill, Thomas Murraye, William Wod, Robert Chepman, (illegible), sir Thomas Skune.

98. Scott in Edschawe 21 May 1535 Walter Scott in Edschawe showed how there was a false sasine taken by him and made by Isa¬bel Murraye his stepmother [“novercam”] on and for him [narrat¬ing] that the said Walter with his arbiters in form of a said contract made between himself and the said Isabella did not compear at 9 o’clock on the 24 July 1532 to make a decision in the causes contained in the said contract as the said Isabel asserted. The said Walter alleged the opposite [that] it was not the agreed said hour, day and month for making a decision on the causes but the said Walter had observed, as he asserted all the three days agreed for the decision making and the said Isabel brought and presented an arbitrator at the said alleged hour when she should have brought and presented two arbiters protesting that in her alleged absence and of her arbiters it should not fall to him, his heirs, executors and assignees concerning the contents of the said contract in prejudice or damage. Walter sought instrument done at the house of Thomas Heisloip around 5 pm before Walter Scott in Haining, Walter Scott in Ashkirk, Cuthbert Curror, William Fawsyd, Robert Patersone.

99. Sheriff Court of Selkirk held and begun in the court house on the behalf of the sheriff on the first of June 1535. On which day sitting called and by the said court lawfully affirmed master Patrick Wrycht procurator for Margaret, queen of Scotland lady of Ettrick Forest and her spouse Henry, lord of Methven gave and showed a certain letter of commission under the signets and subscription of Margaret and Henry to Patrick Murray sheriff of Selkirk, to restore John Rutherfurd of Hunthill, by the said court to the liberty and freedom of the said lordship also by admission of the said commission humbly required that sheriff received the said commission and read it out aloud and the said sheriff not admitting the [document?] the said master Patrick …openly promised to assign court on whatever days and places agreed also to depute justice undoubted and not suspect in any way viz to make judgement in the case between Alison Douglace relict of David Hume of Vedderburne on the one part and John Rutherfurd of Hunthill on the other to discharge the case regard¬ing the tack of Blakhauch with pertinents infeft of the same by queen Margaret protesting that she was not admitted under a false commission and whatever acts and deeds brought or to be brought in the sheriff court should not fall to her prejudice [because of] the queen and her spouse and the said John and the freedom of the lordship. Master Patrick sought instrument done in the court house around 11 am before Andrew Ker in Primsydloucht, George Ker in Lintoun, Mark Ker in Kippelaw, sir John Michilhill and Ninian Brydin notaries….and the said master says admission by letter of assedation of the tack was not proven in the court to the injury of the said queen.
Same day Patrick Murray sheriff of Selkirk showed how a letter of our supreme lord king was presented to take cognizance of the case moved between Alison Douglass and John Rutherfurd and which¬master Patrick Wrycht procurator for Margaret queen of Scotland showed and he gave him a certain letter of commission called his worthy [men] of the sheriffdom and barony interlocutors and ordained the interlocutors to decide…if the said letter should not be admitted. And the said letter was given to Patrick in strictest form and that the said queen and her spouse gave no letters to discharge their case…and that there was no custom nor practice in that court of admitting any commission of re-pledging of the said lordship of Ettrick Forest in that court, also the said Patrick said he could not sit in judgement in the case for fear of contempt and in obedience to the king’s let¬ter…before above witnesses.
Same day. George Hume of Vedderburne protested that the plea moved between his mother and John Rutherfurd and in her fee of Blakhauch should not turn to his prejudice.

100. Blakstok On the above day master Andrew Blakstock procura¬tor and in name of Alison Dougliss relict etc presented a letter of tack of the said Alison of the place of Blakhauch lying in the lordship of Ettrick forest and sheriffdom of Selkirk made with signet and subscription of Margaret queen of Scotland and given to Alison on 24 April 1525 for the duration provided that her son George Hume reaches the age of twenty one to Patrick Murray sheriff of Selkirk and the inquest subscribed, elected and sworn and read out [the same] to the said sheriff and inquisitors re¬quiring them to make a decision in the forementioned in tenor of royal letters if Alison is in possession of the place of Blak¬haucht and if her son was made a promise of the said place in the letter of tack and if the said letter had come to the end of its duration.
The Inquest
Andrew Ker in Prumsydloucht, chancellor of the assize.
George Ker in Lintoun, Patrick Murray, Simon Farle, master Thomas Ker in Sunderlandhall, William Murray, Robert Chepman, Alexander Hoppringill in Cragleche, James Brydin, John Hall. William Ker in Quhitmurhall, James Scott, James Ker in Farnele, James Keine, James Trumbill…who made [judgement] on the said letter that Alison was in rightful possession of the said place and that in their view the end of her term [had not come] because George Hume had not reached 21 years according to the date of the letter and Andrew Ker chancellor for himself and the other inquisitors said that the aforesaid decreet should not fall to his or their volun¬tary error or prejudice and that nothing was decided in the forementioned unless it was set before their eyes in the said tack. Andrew Blakstok and Andrew [Ker] sought instruments done around noon before above witnesses.

101. Rutherfurd Same day sir William Rutherfurd chaplain procurator in name of John Rutherfurd of Hunthill showed and asserted that a false letter of tack of the place of Blakhaucht produced by the said Alison Douglas was of no effect and that the letter of tack was made to the said Alison by Margaret queen of Scotland without consent of her spouse…and the said William presented and read out the heritable possession of the said place alleging Patrick Murray sheriff and his inquisitors ought not to decide in the foregoing on account of their voluntary error incurred which was prosecuted by them conjunctly protesting that whatsoever acts…brought in the sheriff court of Selkirk should not fall to John Rutherfurd his heirs and assignees in prejudice of his heritable possession. William sought instrument done at noon before witnesses as above.

102. Scott Scott 4 June 1535 Robert Scott in Howford openly forewarned John Scott in Dringstoun then present, to flit from his dwelling house, place and lands of Dringstoun with pertinents and thereafter to desist from occupation and intromission of the said place and lands…the said Robert alleging that the said John had already been lawfully warned to remove from the said place of Dringston belonging heritably to Robert and that the said John was in violent possession of the same and that the said occupation should not turn to his prejudice regarding his herita¬ble feu. Robert sought instrument done on the ground of the same around noon before Robert Scott in Blindhaucht and ( p/t) Boill.

103. Scott Same day John in Dringstoun protested that a false forewarning of removal was made by Robert Scott and …John would not yield to him or prejudice his title of possession…and he was within the terms pertaining to the fermes money and customary dues on the said place of Dringstoun agreed to be paid to the said Robert also alleging that the said John was never before that time lawfully forewarned to flit. John sought instrument done at time and before witnesses above.

104. Kene Chepman, bailies of [Selkirk] 17 June [1535] James Kene and Robert Chepman, bailies of Selkirk with the consent of the whole community advised and forewarned all non-burgeses and those indwellers without the freedom of the burgh, that they shall not sell goods [“mercimonia”] within the bounds of the burgh according to the tenor of royal letters to the bailies and community….especially warning the indwellers of the town of Gallo[sheillis]. Bailies sought instrument done at the hour of noon before sir James Davesone, William Portuis, ( p/t) Bradfutt.

105. Trumbill Brydin 5 August 1535 sir John Trumbill chap¬lain vicar pensionary of the “le barechy Benedochy” [ie the parish of Benedochy] gave to the notary to read out and render in the form of an instrument a certain letter of legacy written in his own hand…in the following tenor…in latin [Text ends here. Rest of page is blank and cancelled. Continues on next page] …in latin 5 August 1535 I John Trumbill vicar pensionary of the parish church of Benedochy give and leave all my moveable and immoveable utensils and household goods not yet left to my servants and the poor: My last will without whatsoever revocation if my spirit departs intestate [I entrust] to John Brydin and my sister. Before witnesses Robert Trumbill, John Jak, John Sym¬sone, John Brydin notary. John sought instrument.
[Reverse of this page blank and cancelled.]

106. Helme Roger and Murraye 26 August 1535 George Murraye and his spouse Janet Rog[er] jointly and singly bound themselves and their heirs to render all moveable and immoveable goods of the deceased James Trumbill to his said heirs, offspring and friends at lawful value and to render just account of the said goods. James Helme on the part of the heirs took instrument done around 5 pm in the chamber of sir John Michilhill before witnesses sir John Michilhill notary and George [Brokess?].

[“mutatio indictiionis vigesimo q[uinto] mensis septembris indic¬tia nona” appears above the next entry.]

107. Murraye Brydine 4 October 1535 James Murray came to his annualrent of nine shillings uplifted on a tenement of the heirs of Robert Scott at Kirkwind and there resigned the annualrent in hands of Robert Chepman bailie who gave sasine to sir John Brydin by showing one penny. Sir John sought instrument done on the ground of the said tenement around ten am before John Smaill, James Chepman, John Michilhill notary in the premises.

108. Scott Huntar 5 October 1535 Walter Scott lord of Rober¬toun of his own free will under a form of satisfaction and pen¬ance for bearing openly a bare sword with a point compeared before Robert Huntar on bended knee…asking for clemency of almighty God the father and from the said Robert, his parents, friends, cousins, acquaintances etc…for indulgence in the injurious and violent killing of the deceased John Huntar brother of the said Robert which the said Robert received thankfully with all his heart remitting all rancour towards the said Walter and his family etc. and the said Robert binds himself and the fore-saids not to pursue the said Walter for the killing in future in civil or canonical court. Walter sought instrument done in the parish kirk of Selkirk around 5 pm before sir John Michilhill notary, Robert Trumbill tutor of Holdene, George Michilhill, Thomas Ellot burgesses and sir Mathew Ellot chaplain.

109. Ker Trumbill [scored out] 14 October 1535 It is appoint¬ed and agreed between… Mark Ker of Kippelawe on the one part and Robert Trumbill on the other in the following form… that the said Mark to enjoy peaceably without molestation from the said Robert [all the text to here has been scored out and in the margin written the following note ” all allegations and [? ar¬rears] viz debts, objections, (illegible)”] a half part of the wardship of the lands of Philhop lying within the sheriffdom of Selkirk and their rightful pertinents and the said Robert shall peacefully enjoy the other half of the same with pertinents granting freely the profits and income of the said parts of the wardship until the entry of John Trumbill son and apparent heir to the deceased Ralph Trumbill deceased lord of the said lands of Philhop and the said Mark and Robert shall not lease the said lands during their wardship to powerful men or lords or their equals by reason of agreement. Mark and Robert sought instrument done in the burgh of Selkirk around noon before sir John Michil¬hill notary and James Bradffutt, sir Adam Trumbill chaplain.
Also the said Mark and Robert in accordance with their wardship, bind themselves in the sum of 50 merks to resign, quitclaim and renounce all right and claim to ownership and possession of the said tack to the said John heir of the above before the same witnesses.

110. Ker Trumbill 14 Oct 1535 Mark Ker and Robert Trumbill one by one showed asserted and confessed in tenor of this present instrument…that the same were…agreed on all causes between them without exception or allegation, all opposition, cavil and allegation excluded so that the said Robert shall enjoy peaceably a half of the lands of the wardship of Philhop with pertinents and the said Mark peaceably enjoy the other half of the [same] up to the entry of John Trumbill heir of the said lands and that they should not lease their said halves of the lands to powerful men or lords or their equal by means of agreement. Before wit¬nesses and at hour above.

111. Ker Same day Mark Ker made constituted and ordained that the said Robert his true and lawful assignee in and to the half wardship of ten poundlands of Philop etc now in hands of the said Mark by reason of an omission of his marriage contract.

112. Scott Bailie Ker 9 November 1535 James Scott one of the bailies of Selkirk came at request of William Ker son and appar¬ent heir of the deceased William Ker burgess in Edinburgh his father to a tenement of land in the said burgh to the south of the mercat cross between the lands of Lancelot Ker or Thomas Crukschankis on the east, the lands of George Jamesone and James Murray on the south, the lands of George Chepman on the west and the king’s street or mercat on the north, and then to a tenement “le onseit” called “Alisonis Landis” with pertinents lying in the said burgh between the lands of the heirs of George Halden on the west, the lands of Patrick Murray of Faulohill and William Ker in Schaw on the north, the lands of the same William Ker on the east and the king’s street on the south and then to a tenement lying in the said burgh between the lands of Thomas Mynto on the east, the lands of Peter Portuis on the west and north and the king’s street on the south and then to a tenement lying between the lands or tenement of James Craufurd on the east, the lands of Patrick Murray on the south and the lands of Thomas Forest, heir of said Patrick and James Melros on the west and the king’s street which leads to the [well?] on the north and then to an annualrent worth 12 shillings uplifted yearly on a tenement of the said Thomas Mynto lying in the said burgh on the north of the king’s street leading to the well, then to an annualrent of nine shillings uplifted yearly on a tenement of the heirs of the de¬ceased Peter Keine on the east of the king’s street leading to the Foulbrig then finally to an annualrent of 10 shillings up¬lifted yearly on a tenement of Stephen Loremer lying in the Peilgat, and there the bailie entered William Ker into the tene¬ments and annualrent as known heir of the deceased William Ker his father in the tenor of an old infeftment and gave sasine of the said tenements called “le onseit of Alisonis Land” with crofts, pasture and pertinents lying in ryndaill within the bounds of the burgh [and all other] tenements and annualrents [as above] to the said William reserving a conjunct infeftment to Katherine Curll spouse of the deceased William his father as long as she lives and the bailie gave sasine of the same to the said William. William sought instrument done on the ground of the said tenements around 2 pm before George Michilhill serjeant, John Scott, John Dwne, Thomas Henry and John McDowell, William Elphin¬stoun.
Same day. Katherine Curll spouse to William Ker protested that the sasine given to her son William should not turn in prejudice to her conjunct fee according to the tenor of sasine which she has. Katherone sought instrument done at the same hour and before witnesses as above.

113. Mynto Ker Same day the said William Ker came to his tenement of land lying on the north side of the king’s street which leads to the well between the lands as above and there on ground of the same resigned all the tenement with yard…in hands of James Scott bailie in favour of David Mynto and the bailie gave sasine of the said tenement by handing over earth and stones. David sought instrument done at the above hour before Thomas Mynto, William Elphinstoun, William Brydin and others.

[Reverse of page blank and cancelled.]

114. Craufurd Ker 9 Nov [1535] the same William Ker came to his tenement of land lying in the burgh of Selkirk on the south of the king’s street leading to St Mary’s Well between the lands of James Craufurd on the east, the lands of Patrick Murray of Faulohill on the south, the lands of Thomas Forest heir of Patrick [Forest?] and James Melros on the west and the said street on the north…and there on ground of the same resigned the tenement with yard in hands of James Scott bailie in favour of James Craufurd…and the bailie gave sasine of the tenement with yard and pertinents. James Craufurd sought instrument done on the ground of the same around 3 pm before William Brydin, George Michilhill, William Elphinstoun burgesses.

115. Scott Ker Same day William Ker came to his tenement called ” le onseit of Alisonis” [land] [boundaries given as 112]…and resigned the tenement reserving to William the yard, crofts, rigs and pastures in favour of John Scott and James Scott bailie gave sasine of the same done at “le onseit” around 3 pm before George Michilhill, Henry Young, John Hall and William Brydin.

116. Brydin, Bradfut, Ker, Curll 9 Nov [1535] William Elphin¬stoun and Katherine Curll his spouse in their own interest and William Ker invested heir of the deceased William Ker in Edin¬burgh (p/t) on the one part to sir William Brydine chaplain and to James Bradfutt on the other irrevocably entered into a compro-mise the form of which follows that the said sir William Brydine chaplain and James Bradfutt, his heirs and assignees shall peace¬fully enjoy all the husbandland called “Alisonis landis” with crofts, rigs, open fields and pertinents thereto reserving “le oinseit” of said lands to William and Katherine for their inter¬est….and William [and Katherine] shall peaceably enjoy the same also the said husbandlands, crofts, rigs and open fields with pertinents but they reserve [the right] led by god [“deo duce”] while parties to the compromise in custom of tenantry [that] they will occupy and manure the lordship of the said William and James, [and shall] not be compared to criminals, rebels or trans¬gressors, paying yearly to William and Katherine for their inter¬est and to William Ker heir to the said lands the sum of 40 shillings at the customary two terms
Also if it happens that as it remains or higher ferme is raised or reduced on the said husbandland then it will be allowed to the said William and Katherine for their interest and to William Ker heir of the husbandlands to raise or reduce likewise except that the said William Ker intends to occupy the lands personally. Sir William and James Bradfutt sought instruments done in the chamber of sir William Brydin around 5pm before William Brydin, James Scot, Thomas Mynto.
Also the said William, Katherine and William and his heirs are served indemnity by William and James and heirs to warrant and defend the same in peaceable occupation and manuring of the said lands and against all men. Also that entry to the said lands shall be at the feast of Martinmas.

117. Hall, Berkare 10 Nov [1535] John Hall came to his rigs lying above “le Goslawdalis” within the bounds of burgh of Sel¬kirk between the lands of the heirs of George Halden on the north, the king’s street leading to the Stobstane Gait on the east, the land of John Young on the south and the lands of Pat¬rick Murray and James Scott on the west also to a butt of land lying in Crukitlandis and there on ground of the same resigned all the rigs and the bounds above Crukitlandis in hands of James Scott bailie who gave sasine to Thomas Berkare. Thomas sought instrument done on the ground of the said rigs around 8 [am] before James Wilkesone and John [Brydin].

118. Crenstoune Scot 16 November 1535 Janet Scott relict of the deceased Walter Scott came to three husbandlands now occupied by William Davesone, Archbald Trumbill and James Hopkirk with pertinents lying in the town of [Dennum?] in the barony of Caver¬is in the sheriffdom of Roxburgh and presented to William Cren¬stoun and James [Spuin?] bailies in that part, a precept of sasine under the seal of John Crenstoun of that ilk which the notary read out in the following tenor : John Crenstoun of that ilk etc greeting. Because I have sold etc three husbandlands now inhabited by John Daveson, Archibald Trumbill and [James] Hopkirk lying in the town of [Dennum?] in the barony of Caveris etc ..and James [Spuin?] bailie gave sasine of the same to the said Janet. Janet sought instrument done here at the ground of the lands around 9 am before James Scot, William Davesone, Archibald Trum¬bill and James Hopkirk.

119. Brydin 23 November 1535 sir Ninian Brydin showed how the inquest measured the tenement of Thomas Hendersone (p/t) by 5 feet the which tenement to his nephew. Witnesses George Michil¬hill, (illegible).

120. Michilhill [12?] Nov [1535] This instrument is very fragmentary. Reference is made to sir George Michilhill who made a declaration concerning Alan Mithag, Oliver Dwne and John Murray and his branding [of their cattle?].

[Reverse of page blank and cancelled.]

121. Wallance, Johnesone 27 Jan [1535/6] sir Laurence Johnesone showed how there was a disagreement [over] a yard between the same lord and Adam Vallanche but that the said Adam had not been prosecuted for his disagreement, injury, menaces or words against the said sir Geroge and he himself had not been the cause for disagreement and litigation cordially making little of his ran¬cour and contempt against the said Adam and conversely the said Adam making little of his rancour and contempt for sir George amicably (p/t) for consideration in future and that none should prosecute the other maliciously for the disagreement civilly or canonically. Adam sought instrument done in the house of John Dwne burgess of Selkirk around 2 pm before William Wod, John Baxstair, ( p/t) Murray and George Wallance.

122. Scot attorney James by grace of God king of the Scots to all worthy men… greetings. We have accepted John Scott or any other attorney or attornies of my cousin Henry lord Methven in all his negotiations, deliberations, pleas, [or] quarrels moved and to be moved, touching the said cousin and on whatever days or places against whomsoever and because we command and order you the said [John Scott] or any other attorney to be present [when¬ever] it befalls the said attorney to receive the presents from me after a year [being] no less valid in whose [hands] these our letters to be brought to him [and] we make patent at Edinburgh 29 [Jan] in the 23rd year of our reign. [1535/6]

123. Scot attorney 31 Jan 1535/6 John Scott attorney of Henry lord of Methven, came to the places of Galloways schele and Mosele with pertinents and pendicles thereto lying in the lord¬ship of Ettrick Forest within the sheriffdom of Selkirk and there presented a precept of sasine given under the testimony of the Great Seal to Gilbert Scot bailie in that part…and requested the bailie to accept the precept he passed it to the notary to read it out in the following tenor : James by the grace of God, king of Scots to his sheriff and bailies of Selkirk also to Gilbert Scott and William Murray bailies in that part, greetings. Because on the advise of our queen of Scots, lady of the life rents of the said lands and our comptrollers [“compotorum”] of the rolls we give and granted and demit in heritable feu ferme to our…cousin ..Henry of Methven all the lands of Gallowayschellis and Mosele with [pertinents] and pendicles as is fully contained in his charter made thereon…and we command you to give sasine of the said lands to Henry lord of Methven without delay to be held of us as in tenor of our charter. Done at Striveling under the testimony of the Great Seal 6 Jan 1535/6.
After which the bailie Gilbert [Scott] gave sasine of the said lands to John Scott attorney of Henry lord of Methven and the said Henry sought instrument done on the ground of the said lands before witnesses sir Thomas Hoppringill, John Harve, William Hiltsone, William Wonterhop, Robert Patersone.

124. Ker Johnesone 10 Feb 1535/6 Marion Johnesone in her own right in tenor of these present instruments acknowledged she could by no means pay the £4 left mistakenly in the will of her spouse Nicholas Ker to David Johnesone but can only pay 40 shil¬lings of the said £4. Nicholas sought instrument done around 2pm in the house of Nicholas before John Smyth. John Curror and Thomas Johnesone.

125. Berkar Hall 22 Feb 1535/6 John Hall came to his rigs of land lying over “le Know” within the bounds of Selkirk between the lands of Patrick Murray on the east, the king’s street which leads to the church of St Helen and to the water on the south [ Bridgelands road], the lands of William Ker on the west and “le Mylsydheucht” on the north and there on ground of the same re¬signed all the rigs in hands of the James Scott bailie who gave sasine to Thomas Berkar in the tenor of a charter made thereon. Thomas sought instrument done on the ground of the same around 4 pm before James Wilkesone and Robert King.

126. Brydin Ker 4 March 1535/6 sir Ninian Brydin on the one part and Nicholas Ker on the other showed that they came to an agreement concerning the matters, cases, moveable and immoveable goods, arrears, damages and expenses between them especially concerning the disposal of goods of the deceased Marion Johneson concerning which the said made agreement and quitclaimed and discharged himself..and the same Nicholas acknowledged that he owed sir Ninian £4 10s to be paid between now and the feast of St Kentigern and Ninian acknowledged he had received and held the goods of John Johnesone in the sum of £6. Ninian sought instru¬ment done around (p/t) am before John Mithag, George Smyth, David Johnesone.

127. Vonterhop Fawsyd 6 March 1535/6 William Vonterhop came to the house then inhabited by him lying in the burgh of Selkirk between the lands of sir William Brydin heir of Robert Brydin on the south and the lands of William Bennat on the west and north, the lands of John Ingliss on the east and there on ground of the same resigned the house in hands of James Scott bailie who gave sasine to William Fausyd. William Fausyd sought instrument done on the ground of the said lands around 10 am before sir John Michilhill notary, George Michilhill and James Johnesone.

128. Johnesone Scott 8 March 1535/6 Thomas Johnesone came to a hall and yard and others pertaining by right, which was built by the deceased master James Johnesone and to a house on the east of the close between the lands of Simon Fairle on the west and north, the king’s street on the east and the lands of the said Thomas on the south and west and resigned the hall with yard and pertinents and the chamber with pertinents in hands of John Mithag bailie who gave sasine to Janet spouse of the said Thomas in life rent. Janet sought instrument done around 8 am on the ground of the same before sirs Ninian Brydin, John Michilhill notaries, sir Stephen Vilkesone, James Doby.

129. Dwne 21 March 1535/6 John Dwne showed that he has and had not any interest, concommitance, resistance or favour with Robert Landreth only in seeking his things for debts [owed to] him the said John. John sought instrument done in Selkirk around 3 pm before John Broune, George Michilhill, Alexander Gledstanis, James Scott bailie.

130. Sasine of the Burgh [of Selkirk] 22 March 1535/6 Wil¬liam Chepman on the part of James Scott and John Mithag bailies received a precept of sasine which was handed to the notary to read in the following tenor : Sasine of the burgh of Selkirk 22 March 1535…in the presence of the notary [ note in margin “Ninian Brydin other notary and witnesses came”.] Ninian Brydin, James Scott and John Mithag bailies, John Chepman, Mark Ker, James Bredfutt, [John] Cruk[schankis], Alexander Gledstanis burgesses and the whole community of the said burgh and the south and north commons thereof and there presented a precept of sasine to the bailie in that part William Chepman…who handed it to the notary to read out in the following tenor ” James by the Grace of God to his sheriff and bailies in Selkirk and to his bailie William Chepman, greeting. Since we know that evidents of the charter and old letters of the foundation and infeftment of our burgh and the liberties of the burgesses of the same bestowed by our noble progenitors through wars, assaults, plague and fire…have been destroyed whence the trade between the burgesses has ceased to the detriment of the burgh and community through loss of ferme etc…out of mercy and justice and desiring the foresaid reforms, we infeft anew, give, grant and from us and our successors in the tenor of our charter confirm forever…to the burgesses and community(p/t) of the burgh of Selkirk in free burgh as before…all lands, commons and possessions pertaining to them, their bailies and necessary officers anually elected on the day of St Laurence (p/t) for eight days yearly and having forever a court house, a gallows and all freedoms pertaining as contained fully in our charter made thereon and we charge you and command you to give to the bailies, burgesses and community of Selkirk or to their rightful attorney sasine of the above our seal appended at St Andrews 4 March [1535/6].
After which, sasine of the above was given.
On which James and John bailies, Mark [Ker], John Chepman, John Brown, Alexander Gledstanis burgesses for themselves, other burgesses, the whole community and others living in the said burgh sought the instrument… done at the mercat cross in the said burgh and in the north and the south commons around 2 pm before George Michilhill, John Scott, James Murraye, Thomas Ker, Peter Moffet, John Trumbill, John McDowell, Mungo Crukshankis, Thomas Crukschankis, Thomas Dunghop.

131. Cranstoun Sheriff Murraye 29 March 1536 master Thomas Crenstoun second son of the deceased William Crenstoun of that ilk came to the lands and place of Elburne alias Voststeid [of] Langhoup and there presented a precept of sasine under testimony of the Great Seal to the sheriff in that part Thomas Murraye who gave it to the notary to read out in the following tenor : James by the grace of God king of Scots to his sheriff and bailies of Selkirk also to Thomas and James Murraye my sheriffs in that part greeting. Because with advice of our comptrollers of the rolls, we have given, granted and demitted in feu ferme to master Thomas Cranstoun second son of the deceased William Cranstoun of that ilk all the lands of Elburne alias the Veststeid of Langhoip with pertinents lying in the Ettrick Forest within the sheriffdom of Selkirk extending yearly according to our new rental to £22 which lands were set in feu to the said master Thomas in rental of our noble father for the said sum…shown to us and contained fully in our charter made thereon …and we charge you and command you to give sasine to master Thomas of the said lands with pertinents to be held rightly from us…given under testimony of the Great Seal at Streviling on 7 January 1535/6. After which the sheriff gave sasine to the said master Thomas. Master Thomas and Thomas sheriff sought instrument done on ground of the said lands around 11 am before sir William Lidderdaill, Ninian Cranstoun and Robert Cranstoun.
The same day master Thomas warned all the inhabitants of the tack of Elburne to remove themselves and their goods from the place and lands of Elburne bewteen this and Whitsunday. On which fore¬warning the said master Thomas sought instrument before witnesses above.

132. Scott 6 April 1536 Thomas Scott and (blank) Patersone [came] together to the mercat cross of the burgh of Selkirk and there sought pardon from John Scott regarding the slander on the same Thomas and (blank) Patersone regarding sheep stealing. John sought instrument done at the mercat cross around noon before James Scott and John Mithag bailies, William Portuis serjeant, sir William Brydin, Ninian Brydin notary, Mark Ker burgesses.

133. Ker Trumbill tutor of Holdene 6 April 1536 it was ap¬pointed and irrevocably agreed between Mark Ker on the one part and Robert Trumbill on the other by touching the holy evangel that…”the said Robert Trumbill for him, his ayris, executouris and assignais has resignet and gewin oure al rycht clame pro¬perte, interess and possessione that he had, hes or may have at the making of thir presentis belanging and perteining to his tutory of Philhophaucht and holden with the pertinents lyand within the sheriffdom of Selkirk induring the tyme of the said tutory to the said Mark Ker his ayris, executouris and assignais for the behuiff and profett of Johne Trumbill heretour of the samen And alsua the said Robert hes quiteclamit, dischargit and forevermair exonerit and be the tenor of this presentis quite¬clames dischairges and for ever exoneris the said Mark Ker his ayris executouris and assignais of xxxii bollis of ferme beir pretenditly askit and requirit be the said Robert and of al uthir thingis that may be mowit be the said Robert or his ayris or assignais in tyme cumming. And atour the said Robert siclik for him, his ayris, executouris and assignais dischairgis for now and ever the said Mark…of all and sundry allegatiounis, obligatiou¬nis, (illegible), instrumentis, contractis, actiounis, debatis, pleus, dettis restis ald and new or dewties rasit mowit led (illegible) movit askit requirit or maye be requirit be the said Robert…and this done for ane certane sowme of money gewin to the said Robert in his necesite and neid. Alsua in likwis the said Mark Ker hes dischairgit the said Robert of al actiounnis as is above exprimitt and to this effect that the said Mark Ker godwilling sal peciabilly vithout ony impediment molestatioune or exceptione quhatsumeverof the said Robert his ayris and assignais sal enter posess and finaly brouk the forsaid tutory of the lands of Philhophaucht and holden with al profettis and dewites there¬off in tyme cumming reserving the witsonday mail of Holdene to nixt to cum efter the dait heirof to the said Robert to gidder with the tend of the said Holdene this instant yeir and na langar and therefter to leiff the said tend with al kind[ness] reserving the stray of the said tend to the said Mark and assignais the entre of the said Mark of the said tutory to be at the dait of the making of this presentis and this to stand ferme and stabell halding and for to ha[l]d al fraud and gyl excludit and put awaye for ever” on which Mark sought the instrument in the chamber of sir John Michilhill notary around 2 pm before James Bradfutt, master Patrick Wrycht notary, Adam ( p/t).
Note at the bottom of page includes the names of George Scott and Patrick Murraye.

134. 30 April 1536 George Hog on the part of his spouse Janet Hogekin came to “le ters” of the said Janet being a third part of the lands of Burne Granis [ note scribbled between the lines “with Charles Murraye in Lauder…”] with pertinents lying in the sheriffdom of Berwilk and there presented a precept written on paper to the officer in that part Andrew Bonington for authenti¬cation…who gave it to the notary to read out in the following tenor ” Janet Hogekine lady of Burne Granis with awiss and con¬sent of George Hog my derest spouse to my lovittis Dand Bonyntoun [ blank – for more names ?] my serjiandis and officiaris in that part coniunctlie and soverally specalie constitut greting my vill is and I charge yow straitlye and command that incontinent this my precept sene ye or ony of yow that beis requirit heirwith pass and in my name and my derest spouse warne Charles Murraye, James Thomsone and al his occupiaris and inhabitatis of my terce and thrid of the landis of Burne Granis with pertinents lyand within the sheriffdom of Berwilk to flit and remove thaim thair servandis and gudis therfra the nixt fest and terme of witsonday and upon fliting frydaye nixt to cum that ye lay furth of thair housis ane stress stule or [chirs?] (p/t) is in streasis and one vitsoun vednesdaye nixt therefter that ye (p/t) thame servandis catal and gudes of my said terce and third of the landis forsaid and hald thaim furtht of the samyn to be peciably broukit and joisit be me and utheris in my name as I pleis in tyme cuming as ye wil anss[er] to me thereupone. The quhilk to do I committ to yow coniunctlye and severalye my full power be this my precept deliverand the samyne for you dewlye executit indorsat agains to the berar in witness of the quhilk thing becauss I nor my said spouss can not write we haiff caussit this notar writing sub¬scrive thir presentis in our name at Halydane the xxii daye of marche the yere of god 1535 yeris befor vitness sir Patrick Craufurd [and] Walter Hog.” After which the said Andrew warned James Thomson in his dwelling place and the said Charles person¬ally apprehended in the kirkyard of the burgh of Lauder to flit from “le terss” and third part of the lands of Burne Granis at Whitsunday next after. Andrew sought instrument done and sealed on the grounds of “le terss” Burnegranis and in the said kirkyard between the hours of ten and eleven am before William Stewinsone, Andrew Duncane, Charles Gibson, George Murraye, George Vauchoip and John Broderstanis.

135. Ainslie April 1536 John Ainslie alleged that all the [common] lying to the east of the burgh of Selkirk extending from “Hilheid Moss” to “le noltlairburne” pertained to him protesting that the mill of Midlame (illegible). John sought instrument done around 2 pm before Mark Ker, David Brydin, John Brown and others.

136. Michilhill 23 April 1536 John Michilhill forewarned Thomas Johnesone to take (illegible) and contained in a certain reversion within this and (illegible) the following witnesses James Helm, John Mithag, George Clerk.

137. Tudhop Douglace 27 April 1536 it is appointed and irrev¬ocably agreed between David Tudhope and William Douglas that the said David for his lifetime shall peacefully enjoy and manure sufficient land to yield 18 bolls of oats lying in the bounds of Freirshaw on the east of the place lying in ryndaill paying 2 yearly merks or all the grassums and duties thereto and for his lifetime the said David may lead his oxen and cattle to pasture on the place and meadows of Freirshaw and….the said David should not be in law transgressor on the said place. David sought instrument done in the burgh of Selkirk around 11 am before John Scott, William Scott of Kershop and Thomas Henry.

138. Mithag bailie 30 April 1536 John Mithag and James Scott bailies of the burgh of Selkirk on the part of the whole communi¬ty declared….that Patrick Murraye of Fawlohill had come to the common of the said burgh… with a multitude of men in violent oppression with swords, staffs and cudgels and..led away many cattle viz those belonging to the said bailie and …violated his privilege and freedom [ to graze the common] and the said Patrick said it did not turn to the prejudice or loss of the privilege and freedom of the common of the said burgh. The bailies sought instrument done at the common before Patrick Murray, George Murray and Andrew Murray.

139. Murray On which day Patrick Murray declared that he had not come to the common with many men in contempt of the royal letter and the freedom of the same but with his own servants, tenants and his oxen and cattle not with violent hand or any oppression but only by his ancient right of possession and strength of custom. Witnesses as above.

140. Ker Murray 30 April [1536] John Lumisdane and David Brydin..bound themselves, their heirs, executors and assignees to pay James Murraye the sum of £8 between now and the feast of the nativity…at the terms underwritten £3 between now and Tuesday next, 40 shillings at the feast of Peter “ad vincula” [Lammas] next following and £3 at the feast of the nativity next after without any revocation, obstacle or cavil. James sought instru¬ment done in the yard of John Crawe around noon before James Bradfutt, William Portuis, Robert Chepman and others.

141. Brydin Same day Ninian Brydin procurator for Thomas Johnsone acknowledged the heritable goods contained and inserted in the common book were freely decreed by an inquest to pertain to Thomas Johnsone by reason of patrimony requiring officers and bailies to arrest these and list the other goods pertaining to Katherine Johnsone the spouse of the deceased Thomas Johnsone which the officers and bailies have now prepared. Ninian sought instrument before witnesses James Keine, John Dwne, ( p/t ), John Brown.

142. Trumbill Craufurd 12 May 1536 Robert Trumbill came to his quarter of the lands called Ladylands lying in ryndail within the bounds of Selkirk and there resigned the lands in hands of James Scott bailie who gave sasine in favour of the said James Craufurd. James sought instrument done on the ground of the fourth part of the lands around seven am before James Doby, Thomas Forest, David Mynto, Patrick Andersone.

143. Mynto Same day Robert Trumbill came to another quarter of his lands called Ladylands and resigned it in hands of the bailie who gave sasine in favour of James Mynto son of the de¬ceased Thomas Mynto. On which day wholly as before

144. Forest Same day Robert Trumbill came to the other half of his lands called Ladylands lying in the north part of the same and there resigned it in hands of the bailie who gave sasine of the same in favour of Thomas Forest. Thomas sought instrument done on the ground of the same before the above witnesses.

145. Keine Johnesoune 24 May 1536 Thomas Johnesoune son and heir of John Johnesoune burgess of Selkirk came to two rigs lying in ryndail over the back of “le Flouris” in the lordship of Selkirk and there resigned the two rigs in hands of John Mithag bailie who gave sasine of the two rigs of land to John Keine. John sought instrument done on the ground of the same around 2 pm before Patrick McGrower, William Hall and James Keine.

146. Mithag bailie Johnesoune 27 May 1536 John Mithag came at the request of Thomas burgess son and heir of the deceased John Johnesoune and his grandfather Thomas Johnesoune to a tene¬ment of James Keine then inhabited by John Thomsoune lying near Fulbrig on the north of the common which leads to the Bog with the tenement of the deceased Thomas Johnesoune on the west and north, the king’s street on the east and there the bailie gave sasine and entered Thomas Johnesoune as noted heir to John and Thomas in an annualrent of 4 shillings uplifted yearly at two terms on the above tenement by delivery of one penny…done on the ground of the same at 8 am before William Mithag, Patrick Hesilhop and John Keine.
Same day Thomas resigned the annualrent to the bailie in favour of James Keine and sasine was given by delivery of one penny.

147. Ker Murray 3 June 1536 Patrick Murray of Faulohill came to his husbandland occupied by Alexander Scott with tenement and pertinents in the lordship and sheriffdom of Selkirk lying in ryndaill and then to another husbandland called “le Bogland” with pertinents lying in ryndaill…and there gave sasine of the two husbandlands with tenements pertaining thereto to Mark [Ker]. Mark sought instrument done on the ground of the same around [3]pm before master Patrick Wrycht, sir John Michilhill, (p/t), Thomas Hendry, George Michilhill, Adam Murray, James Wilkesoune.

148. Murraye Same day Patrick Murray of Fawlohill produced and caused to be read out a reversion to redeem one husbandland occu¬pied by Thomas Johnsoune for the sum of money contained in the said letter and that the said Thomas Johnesoune was lawfully forewarned in tenor of the said reversion…to receive the said sum and that if the said Thomas his heirs or his assignees did not compear to receive the said sum then Patrick would place the £12 in the safekeeping of James Ker burgess of Selkirk in use and commodity of the said Thomas…. protesting it should not turn to the prejudice of the said Patrick and his heir regarding the return of the same. Patrick sought instrument done in the parish kirk of Selkirk at around 2 pm before sir John Michilhill, Robert Chepman, Alexander Gledstanis and James Bradfutt.

149. Ker 15 June 1536 master George Ker showed how the the Royal chamberlain and the steward of Kelso and their factors against the order of law whether of royal law and the decree of the lords of Council collected and received the Dean’s* lambs of Selkirk pertaining to him by virtue of assedation and master George Ker protested that the said assembly should not turn to prejudice of the said assedation. Done in the kirk of ( p/t ) around 10 am before sir Simon Shortreid, George ( p/t ).
* [ ie Dean of Christianity]

150. Berkare 31 July 1536 John Bellendane came to two rigs of his lands lying over “le Crukit Briglandis” between the lands of William Brydin on the west, the lands of James Murray on the east, the king’s street on the south and “le Heucht” and the Water on the north and there the said John resigned the two rigs in hands of the John Mithag bailie in favour of Thomas Berkare and the bailie who gave sasine to the said Thomas…and the said John relieved and served indemnity on the said Thomas his heirs and assignees against an annualrent on the said lands. Instrument done on the ground of the lands around 4 pm before sir John Michilhill chaplain and notary and James Wilkesoune.

151. Johnesoune Ker Murraye 4 August [1536] Thomas Johns¬oune resigned the husbandland called “Bogland” with pertinents to Patrick Murraye, his heirs and assignees and quitclaimed all right, claim etc he has or had to the lands. Patrick sought in¬strument done around 8 am before [sir] John Michilhill, James Keine and Robert Chepman.

152. Wrycht Trumbill 17 Sept 1536 master Patrick Wrycht chamberlain of the Ettrick Forest presented a letter of tack of Uter[all]burne in hands of Margaret Trumbill on the following condition that if she should provide an account or testimonial note that her father or begetter of the said Margaret held at last [ie. at his death], the said place of Uterall burne and tenancy, customary kindness and feu of the said from our king or queen the said letter should be brought in corroboration. Marga¬ret binds herself to be content. Master [Patrick] sought in-strument done in the chamber of sir John Brydin notary around 2 pm before witnesses John Brown and John Michilhill.

153. Wrycht Trumbill On the same day master Patrick Wrycht presented a letter of tack of the place and lands of Uterall burne on this condition that if the account and note underwritten was that the deceased Robert Trumbill father as noted held the said place and lands…in feu [as] asserted [he would] validate the said letter of tack…and otherwise not receiving from the said Margaret £10 (p/t).

154. ( p/t ) September 1536 sir Simon Shorthreid gave a letter of assedation of master Richard Bothuell to be read and copied of which the tenor is as follows ” maister Richert Boith¬well parsoune of askirk grantis me til have sett and for mail lattine and be the tenor haroff settis and for mail lattis ane part of my kirk land of askirk callit the clewis and kempis knowis to ane discrett man my servand schir Simond Shortreid for al the dayis and termis of thre yeris nixt followand the dait of thir presens the entre of the said sir Simont to be at witsondaye nixt following the dait heroff payand to me yeirlye therfor the sowme of twenty shillings usual money. In wytness of the quhilk thing I have subscrivit this my letter of assedation the 15 day of September the yeir of God 1536 yeris befor vitness schir John Michilhill, schir James Davesone, schir David Brownfeld chapella¬nis and William Montgomery”… after which sir Simon protested that the letter should be copied and transcribed in form of an instrument. Done in the house of James Scott bailie around 3 pm before sir James Davesone, James Scott, Walter Scott and [Robert] Watsoun.

155. “Cassatur”* Portuiss Ker 19 October 1536 Peter Portuis nephew and heir of the deceased Robert Portuis his uncle came to his maltkiln and yard with pertinents lying in the burgh of Selkirk with the lands of David Mynto on the east, the king’s street on the south, the lands of Andrew Davidsone on the west and the land of the said Peter on the north…and there on ground of the same resigned the maltkiln, yard and pertinents in hands of James Bradfutt bailie who gave sasine of the same to Mark Ker burgess of Selkirk according to the tenor of a charter made to him. Also the said Peter bound himself and his heirs to relieve and pay the said Mark and his heirs the sum of money given to him and allow the said Mark peaceful possession of the maltkiln, yard and pertinents and gave as warranty sasine of his hall in the close. Mark sought instrument done on the ground of the maltkiln and yard around 11 am before James Wilkesoune, William Portuiss burgesses and [Robert?] Ker.
*[” Cassatur” indicates that the sasines are broken.]

156. Ker Portuis Cassatur 10 Nov 1536 Peter Portuis heir as above came to his hall and barn viz ” le est syd of his cloiss” lying in the said burgh between the lands as above and there on ground of the same resigned “le hall and berne” with pertinents viz ” le est syd of the cloiss” in hands of the James Bradfutt bailie who gave sasine to Mark Ker with a clause of warrandice in sum of 6 merks for the said Mark to enjoy peaceful possession of the maltkiln and yard. Mark sought instrument done on the ground of the lands around 11 am before James Scott, Thomas Wilkesoune, Adam Ewartt and others.

157. Wrycht 2 Nov 1536 master Patrick Wrycht came to [a cornfield ? “bladum”] yard ( p /t ) grain and there arrested and escheated and fenced all the grain within the ward of the [Et¬trick] Forest pertaining to Patrick Murray of Fawlohill by virtue of a precept of lady Margaret, queen of Scotland shown to me and given in the following tenor ( p/t)…then came to 9 score of ewes and arrested them until the said Patrick paid the Queen 8 score pounds of money for the sheep and the said Patrick surren¬dered to the arrest and to the caution of James Grieff and gave up the said ewes. Patrick took instrument done on ground of the Ettrick Forest around noon before Oliver Dwne, William Dwne, John Fergreff.

158. Edmont 24 Jan 1536/7 William Edmont on account of his bad deeds judicially committed in old age showed how John Edmont was and is innocent of whatever criminal acts perpetrated by the said William and has taken no part in them protesting that the slander against the said John was done by William and should not turn to him or the said John in slander or prejudice. John sought instrument done in the burgh courthouse around noon before Master Thomas Ker, Gilbert Bowe, William Murraye sheriff depute, James Bradfutt, George Michilhill, Adam Scott in Fawsyd.
Same day James Bradfutt bailie of Selkirk showed how it was alleged by William Scott in Hartvood [that] the same [William or John?] was selling stolen skins openly in the market having no suspicion the skins were stolen…and that the said William Edmont frequented the market of Selkirk…to openly sell his merchandise without suspicion..and that it should not turn to him in prejudice and slander. James sought instrument.

159. Brydine 25 Jan 1536/7 William Brydine required and asked Thomas Dunhop to receive a measure of malt sufficient to repay a debt to the same Thomas which he by no means wanted to receive. William sought instrument done around 8 am before John Cruk and John Lumisdane.

160. Vilkesoun Todrig Same 5th(sic) day of January it is agreed between sir Stephen Vilkesoun on the one part and David Todrig on the other to complete and contract a marriage between Helen Vilkeson daughter of the said Stephen and the said David between now and the feast of the finding of the Holy Rood [ 3 May] under pain of a fine of three pounds…and the said David after the marriage contract is sealed will give the said Helen her own tenement providing the said sir Stephen pays David the sum of £10 scots at the terms underwritten viz £3 between now and Easter Monday [“feria secunda pasche”] next after and the rest within the space of five years. Stephen sought instrument done at Selkirk at the house of Marion Caverhill around (illeg?) pm before William Flecher, William Trumbill, William Flecher younger and Simon Flecher.

161.
Anguiss 30 Jan 1536/7 James Bradfutt bailie, James Scott, George Michilhill, Matthew Vatsoun, Thomas Hery, Peter Moffet, Alexander Gledstanis and John Smail were attested in the lord and showed, declared, clarified and made public in tenor of this present instruments testify in the lord, show, declared, clarify and make public that the deceased William Edmont on account of his bad deeds committed judicially and at time of death…apolo¬gising piously for his faults and taking care to (illegible) the innocence of others in an authorative voice and with contrite heart on account of his faults and especially the terrible slan¬der of John Anguiss and attempts to cause his death and humbly sought pardon from God and from the said John absent or present and that he asserted and verified the same John is innocent of all acts furtively perpetrated by the said William protesting that scandal should not fall in prejudice or loss to the said William as John Anguiss was innocent before God and men. John sought instrument done at Selkirk around 1 pm before Thomas Gras[on], Alexander Craw, Ninian Moffet.

162. Keine Feb 1536/7 William Keine lawful son and heir of the deceased Richard Keine his father and possessor of the under¬written lands by reason of reception came to those 7 rigs of land and pertinents occupied by John Chepman in tack [“assedaliter”] and also two rigs of land lying in “le dunsdaillis [ly norcht]” occupied by sir Ninian Brydin and his substitutes lying within the sheriffdom of Selkirk in ryndaill and there James Bradfutt bailie of the same burgh…gave sasine to and entered the said William Keine as true reckoned [“comptum”] heir and known posses¬sor of the seven rigs of which one lies on the forsyd of the layis, another on the west side of the “reidheid”, a third on the east side of “Thurllydane”, the fourth on the east side of “duns¬daillis”, and the other three on the east side of “Kingis Medoss” and two of those rigs in the hands of sir Ninian Brydin save the right of whomsoever. William sought instrument done on the ground of the same around 10 am before John Chepman and Simon Farle.

163. Ker Trumbill (illegible) Feb 1536/7 the young man John Trumbill (illegible) of Philop and lord of the lands of Holdene and Philop[hauch] of lawful age and of his own free will appoint¬ed his uncle Mark Ker in Kippielaw his true and lawful curator in and to all his lands, annualrents, fermes moveable and immoveable goods as is customary in the realm of Scotland which failing he appoints Andrew Ker of Aldroxburgh curator of the lands above etc as above. Mark sought instrument done in the kirk of Selkirk around 1 pm before John Chepman, James Bradfutt, Alexander Gleds¬tanis, (illegible) Brown and Mathew Watsoun.

164. Keine 23 Feb 1536/7 Thomas Mynto procurator in the name of William Keine came to seven rigs now occupied by John Chepman burgess of Selkirk, two rigs rented to William Kene son of the deceased Adam Kene of Had[erlie] and to two rigs occupied by sir Ninian Brydin and there gave a letter of procuracy under the seal and subscription of the said William to James Bradfutt bailie who gave it to the notary to read out as follows ” be it kend I [make etc.] Thomas Mynto my procuratoris to pas and (illegible) resigne thai sewin riggis of land with the pertinentis ane lyand on the vest lays betuex the landis of Andro Ker on the souchtsyd and landis of maister John Chepman on the norcht syd over the vest part the pot lok sik [Pot Loch Syke]” one over the east side of “le Thirllydane”, the third on the easter Reidheid, the fourth over “le dunsdaillis bacis” and the other three…in two “dalis” at the “kingis medos”, then came to two rigs of land lying on the west side of “le dunsdalis” near the river in hands of sir Ninian Brydin” and there Thomas procurator resigned them in hands of the James Bradfutt bailie in favour of James Keine procurator of master Thomas [see No 167]. Done around 8 am before John Hall and William Burne.

165. Ker Last day of February 1536/7 William Wod procurator came to those two rigs of land occupied by Ninian Brydin and his nephew John Brydin and also those seven rigs of land occupied by John Chepman lying as above written and there the said William on the part of Thomas Ker in Yair broke a certain false sasine given to Thomas Keine by breaking a dish as is the custom. William sought instrument done on the ground of the same around 2 pm before John Hall, James Bradfutt, John Chepman and John Mithag.

166. Kene 6 Feb 1536/7 James Bradfutt bailie came at the special command and request of William Keine son and lawful heir of the deceased Richard Keine to nine rigs of land now occupied by the persons underwritten within the bounds of the burgh of Selkirk one lying over the “west lays” between the lands of Andrew Ker on the south, master John Chepman on the north and the “Pot Locht Sik” on the west, another on the east of “Thurlindone burn” between the lands of sir William Chepman chaplain on the east and the said burne on the west, the third over “wester reidheild” between the lands formerly of the Earl of Angus on the west, the lands of master John ( p/t ) on the east, the fourth over the “dunsdaill baks” extending and leading to “yperlawis pecht” between the lands of the former Earl on the east and the lands of William Portuis on the west and the other three within “Dunledalis” of which one lies on the east side of “kingis med¬ows” between the lands called “Alisonis land” on the east and the lands of the said Andrew on the west…”the battis” on the north and the other “le dail” lying near the “kingis meadow” between the lands of the said Andrew on the west, the lands of the said former earl on the south, “the battis” on the north and “le Brawne Mur” on the south which is now occupied by John Chepman ( p/t ) on the west part (illegible) near the banks of the river between the lands of the former Earl on the east and the [Et¬trick] Water on the north, the said burn on the west which is now occupied by sir Ninian Brydin chaplain and John Brydin his broth¬er’s son…and there the said bailie entered the said William as known undoubted heir of the deceased Richard his father in all the said rigs as the custom is by giving sasine one by one of the said rigs with pertinents. William sought instrument done on the ground of the lands around 10 am before John Chepman, Simon Fairle and James Keine younger, burgesses of the said burgh.

167. 23 Feb 1536/7 James Bradfutt bailie came to the ground of the above lands and there Thomas Mynto burgess of the said burgh, procurator for the said William by letters under his seal and subscription manual resigned and renounced all right and claim which the said William had or has in and to the said nine rigs and the bailie gave sasine thereof to James Keine procurator for master Thomas [Ker or Keine?] according to the tenor of the charter from the said William to master Thomas. Done on the ground of the same around 8 am before John Hall and William Burne.

168. Scott 7 April 1537 Walter Scott in Sintoun showed how Thomas [Scott] procurator for Andrew Ker in Greinheid had warned the said Walter to remove himself, his goods and [servants] from 20 merklands with pendicles in (illegible) with pertinents be¬tween now and the feast of Whitsunday next after which 20 merk¬lands as the said Walter alleges (illegible) to have been known protesting I will deem that the said Walter violent possessor of the said lands. Done around 1 pm before Master Thomas Ker, Walter Scott, and Walter Scott.

169. Scott 28 April 1537 sir Simon Shortreid chaplain of the diocese of Glasgow by touching the kirk door, the font, the altar, the chalice, the books and ornaments of the parish kirk of Rankilburne, invested Simon Scott clerk of the diocese of Glasgow in the possession …of the fruits, rents, income [“proventium”], teinds, oblations, obventions and emoluments of the benefice of rector [“rectorie”] of Rankilburne kirk. Simon sought instrument done in the sanctuary of the said kirk around noon before Andrew Shortreid, John Wache, David Damhoy, Walter Scott of Sintoun, John Ingless.

170. Portuiss 22 May 1537 Mark Ker of Kippelaw of his own free will…resigned all right and claim which he has or had to a maltkiln with [ pertinents] also a clause of warrandice on the same from him, his heirs and assignees in favour of Peter Por¬tuiss, his heirs and assignees forever. Done in the said burgh of Selkirk around ( p/t ) before [James] Portuiss, Thomas Henry[son].

171. Newtoun 23 May 1537 viz Wednesday [after] Whitsunday James Newtoun officer of Janet Newtoun with the consent of her spouse Adam Ker in St Hel[en] Schawe came to the place and whole tenandry of Dalcoiff lying in the sheriffdom of Berwilk and there by virtue of a precept read out by me [notary] to James Ker of Mersingtoun his servants and friends and ( p/t ) and tenants of Dalcoiff door by door themselves and their goods and by name were removed and ejected from the said place, manor, tenandry and town of Dalcoif also the same James came to Newtoun and Newtoun Cruik with mill and there removed and ejected [James] Wilkesoun and all tenants door by door and by name themselves and their goods from the said place and mill and then came to Cesfurd Mains lying within the shire of Aldroxburgh and there removed and ejected all the tenants therefrom by virtue of the same precept. James sought instrument done one by one between 9 [am] and 4pm before ( p/t ) Ker chaplain, William Tait.

172. Trumbill ( p/t)[May] 1537 Elisabeth Gle[dstanis?] prom¬ises to observe faithfully all the points in a letter of assigna¬tion from the said Elisabeth to Robert Trumbill regarding wards, reliefs and the non-entry of Philop[hauch] according to the tenor of the said letter without revocation and ( p/t ) and renounces all right and claim the she has had or will have in favour of the said Robert. Robert sought instrument done at the dwelling place¬of the said Elisabeth in Selkirk around 2 pm before Walter Scott, Mathew Watsoun and [John] Smyth.

173. Loucht Portuiss [2]3 May 1537 Peter Portuiss grandson and apparent heir of the deceased Robert Portuiss came to his maltkiln with yard and pertinents lying in the north of the burgh ( p/t) which leads to the Lady well between the lands of David Mynto on the east, the lands of the said Peter on the north, the lands of Andrew [?Ander]soun on the west, the said street on the south and ( p/t ) and there resigned the said maltkiln and yard in hands of James Bradfutt one of the bailies who …gave sasine of the same in favour of Andrew Loucht forever. Andrew sought instrument done on the ground of the lands around 5 pm before William Portuiss, sir John Rankin, Patrick De(p/t).
The same day the said Peter came to the barn and “le peithouse” and the rest of his lands for sale and there resigned all the barn, “peithous” and lands for sale in hands of the said James and in a clause of warrandice of six merks in favour of Andrew Loucht and the bailie gave sasine of the said barn, “peithous” and lands sold at that hour lying in the clause of the lord of Grenheid next to the maltkiln in the clause [for] 6 merks to Andrew Loucht. Andrew sought instrument done on the ground of the same with witnesses above.

174. Cant Mathesoune 30 May 1537 William Mathesoune came to his tenement and yard lying in the burgh of Selkirk on the south side of the king’s street leading to the Lady well between the lands of the heirs of James Melross on the east, the tenement of James Caidzo on the west, the lands of the heirs of Patrick Keine on the south and the said street on the north and there on ground of the same freely resigned the tenement with yard in hands of James Bradfutt bailie who gave sasine of the same in favour of James Cant his kinsman [“geniti”] for the sustenance of one of the said William’s children rendering yearly to William Lauder of Todrig and his heirs the sum of 14 shillings in name of annual rent. James Cant sought instrument done on the ground of the tenement and yard around 7 am before Andrew McDowill, William Portuiss serjeant.

175. Bradfutt 21 June 1537 James and Badb ( p/t ) Scheill conjunctly and singly of their own free will became cautioners and debtors to James Bradfutt his heirs and assignees in sum of £29 [written “xix decem”] scots and are to pay to the said James and his heirs the said sum between now and the feast of St Bar-tholomew next after viz £8 within 15 [days]..and the rest by the said feast day. James sought instrument done at ( p/t ) around 1 pm before sir( p/t ) Brydin, Patrick Roull, Patrick McGro[wer], master Patrick Wrycht.

176. Loucht on the part of Andrew Ker ( p/t) June 1537 Alex¬ander ( p/t ) alias Fakland ( p/t ) and James K( p/t ) messenger a certain ( p/t ) of the goods ( p/t ) viz all “ald and ying” ( p/t ) Ker of Primsydloucht surveyed according to the tenor of the royal letter at ( p/t ) score and £16 usual money [ witnessed by?] the underwritten viz David Brydin, John Dwne, ( p/t ) Chep¬man, John Hog.
Also…the goods of Katherine Scott in the interest of herself and] her sister assigned a quantity of goods worth six score and sixteen [pounds? ]…[rest of this entry is illegible].

177. [This entry is very badly torn.] ]7 July 1537 Katherine [Scott] in her own interest and in the interest of her sister Janet Scott reasonably ( p/t ) to Alexander Carmaig ( p/t ) sufficiently ( p/t ) from the goods. Katherine sought instrument done at the [ house] of John Chepman around 4 pm before Walter Scott in Assindane, Walter ( p/t ), John Donaldsoun, and Adam Scott in (illegible).

178. Scott 9 July 1537 Walter Scott in Fau[syd] showed how John Cob messenger and sheiff in that part Alan Hoppringill and Patrick Kn(p/t) in the tenor of a false decreet obtained by Margaret Hoppringle against the law valued and seized her move¬able goods viz her cows ( p/t ) and led away the same…the said Margaret alleging…to her loss (illegible)

179. Brown ( p/t ) 1537 Janet Chepman with the consent of her spouse ( p/t ) Yowng resigned her backchamber with cellar below ( p/t ) behind and maltkiln ( p/t ) [in favour of] John Brown ( p/t ) and apparent heir renouncing all right ownership and possession but reserving to herself the forehouse on “le est syd of the clois” for as long as she lives in tenor of her con¬junct infeftment paying yearly an annualrent of 5 [shillings]. Done on the ground of the said lands around 5 pm before Thomas Henry, John Chepman, John Scott, (p/t), James Daveson, Bartholo¬mew Mathesoun chaplain and Quintin Yong. With free ische and entry to the fore house.
Same day protested that [the above] should not turn to her preju¬dice with respect to the rest of her conjunct infeftment.

180. Ker Brydin William Ker heir of the deceased William Ker burgess in Edinburgh ( illegible and torn).