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Selkirk Protocols Ninian Brydin 1536 – 1564 part 1

The Protocol Book of Sir Ninian Brydin 1536-64 part 1

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Ninian Brydin 1536-64
The Protocol Book of sir Ninian Brydin 1536-64.

1. [Haliburton] 10 Dec 1536
Fragment of instrument narrating that Thomas Cossair attorney to Margaret Haliburntoun one of the heirs of the lordship of Hali¬burntoun and Dirletoun came to the principal messuage or house of the said lordship and barony and received a precept of sasine of the king under seal of chancery to the sheriff [and bailie?] of Berwick narrating that the said Margaret, as lawful heir of the deceased Patrick lord of Haliburntoun who died last vest and seised of the barony of Haliburntoun with tenants, [tenantries] and free tenantry with services thereto and donation [of the chapel] and pertinents, to be entered as heir of the sais Patrick to the said lordship taking security of the sum of £355 11s 1 1/2d from the fermes of one third of the said lands being in our hands for the space of 32 years before the 10 october last by reason of wardship and £505 11s 1 1/2d from the fermes on the same being in our hands until martinmas next and which have not been recovered and £11 2s 2d from the remaining [fermes] owed to the king done at Edinburgh 29 Nov [1536]. After the precept was read out the sheriff gave sasine of the said lands lordship and barony of Haliburtoune with tenants tenantries, free tenantries thereto and the donation of the chapel of Haliburtoun and perti¬nents by earth and stone on ground of the same to Thomas Coissair in name of Margaret Haliburtoune.[See no.3 for end of instrument].

2. Sir Richard Bridin 10 Nov [December written above] 153[6] Instrument of sasine narrating that James Brydin burgess and his spouse Janet Turnbull resign, in hands of the bailie Mark Ker their tenement lying on the south of the King’s Street called “volgait” between the king’s street on the east and north sides and the boundary wall of the altar of the Holy Rood now in the hands of sir John Bridin chaplain on the west and the yard of George Chepman burgess and the tenement of the said James Brydin and Adam Ker on the [south] side in favour of the venerable man sir Richard Bridin and invest him as lawful heir to the said James, reserving to themselves the free [tenement?] and conjunct fee of the same as long as they live. Sir Richard asked instru¬ment done around 1pm on the ground of the same before (p/t) Lumisdene, James Braidfut, John Freir, John Craw[furd?], (p/t) Symsone, John Dougaill.
Same day sir Richard Bridin came to his tenement as above and there freely and out of brotherly love resigned the tenement, reserving the free tenement to him for his lifetime in favour of the young man John Bridin. John Brydin asked instrument before above witnesses.
And John freely promises that if he does not get lawfully begot¬ten sons or heirs then after his death sir Richard or his heirs will have the tenement held from Adam Ker in St. Helyn Schaw with the barn, maltkiln, yard and rig. Sir Richard asked instrument done in the door [of the tenement] around 2pm before witnesses abovewritten.

3. [Final clause of no.1.]
Thomas [Cossair?] asked instrument around 11am at the principal messuage before sir Edward Howme chaplain of the said chapelry , Patrick Howme, [Robert] Mark in Todryk, James Rayburne chaplain in Haliburtoun.

[2 blank and cancelled pages]

4. [John Keyne] [] Jan 1536/7
Instrument of sasine narrating that the venerable man sir John Keyne was invested heir of the late Alan Keyne burgess of Selkirk by sasine of his tenement and lands in Selkirk lying on the south of the king’s street between the tenement of Elisabeth [Arm]strang and Mark Ker on the east, the lands of John Smyth on the north, the tenement of Adam Wilkesone on the west and the king’s street on the south. Sir John asked instrument done around 8am before John Scot “theikar” [thatcher], John Mynto, Alexander Haw, Henry Yonge ,Adam Wilkesone, John Trumbill.

5.Hoppringill [] Feb [1536/7]
Katherine Hoppringill relict of the late [Duncan? “Doinga…”] lady of a third part of the lands of the lordship of Mc Carstoun swore and denied that she had ever given to David Hoppringill a letter of assedation of her fermes or sealed or or appointed anyone to seal in her name for him to receive those [ten chal¬ders?] of the barley of Lugtonlaw [Luntonlaw] and from 50 acres of land lying [as above] given yearly to her for kindness love grace and favours in her youth receiving the chalders of barley yearly to the end of her life. John Hoppringill asked instrument around [2]pm before Thomas McDuell of Stedrig, Robert Mcduell, William Lauder, Thomas Mcduell of Port, William Jaksone.

6.Fairle 18 Feb [1536/7]
Instrument narrating that the young man David Toddrik son and heir of the late Robert Toddrik burgess of Selkirk of his own free will appoints as his assignee Simon Fairle burgess of the said burgh for his own and his fathers money amounting to £22 scots in and to his share of the lands of “Pelhill” and “Pel¬seucht” pertaining heritably to his father and which ought to pertain to him and binds him and his heirs under penalty of all his goods present and to come that as soon as possible he has the infeofment, state or sasine from his superior lord he shall straightaway infeof and give sasine of the said [land] of “Pel¬hill” and “Pelseucht” to Simon Fairle without any ferme or an¬nualrent but that the said annualrent shall be received from my tenement. Simon asked instrument before John Keyne, William Flecher, Simon (p/t).
[Rest of instrument mainly illegible. Simon agrees to pay a sum to David].

7. [Page or pages missing. End of next instrument only.]
venerable sirs and master Robert Ker vicar of Lyndene, [sir William?] Brydin vicar of Selkirk, John Rankyne chaplain,Thomas Mcduell lord of McCarstone, James Ker of Auldroxburgh.

8. Lady of Grenheid 20 March [1536/7]
Marion Hoppringill refuses to bear the office of executor for her spouse Andrew Ker because of the great dangers it will incur. Marion asked instrument in her own chapel around 10am before master William Ker rector of Auldroxburgh, master Thomas Ker of Sunderlandhall, Patrick Dobsone.

9. 27 March [1537?] [before?] (p/t) dean, George Patersoune canon,sir Edward [Howme],Robert Roull, Patrick Cossair, Hector Umphrastoune.

10. Lady of Dirltoune and Haliburtoune [No date]
Instrument narrating that Margaret Haliburntoune one of the ladies and heirs of the deceased [Patrick Haliburntoun] lord of Dyrltoun came to the princip[al messuage or dwelling house of the lands of the lordship and barony of Haliburntoune with pertinents lying within the sheriffdom of Berwick in the Merse and handed a precept under seal of chancery to the sheriff Alexander Howme to execute as follows: that because the said Patrick, father of Margaret, died last vest and seised of all the said lands of the lordship and barony of Haliburtoune with tenancies, tenants, free tenantries services and gift of the chapel of Haliburtoun with pertinents and that the said Margaret is one of his lawful heirs the king charges the sheriff to invest her or her lawful attorney in the lands of the said third of the lordship and barony taking security of £355 11s 2d for fermes on the said third being in our hands by reason of wardship over the space of 32 years and £5 11s 1 1/2d for fermes on the same up to martinmas next not recovered and £11 2s 2d owed to us from the said third done at Edinburgh on the 29 Nov [1537]. After reading out the precept the sheriff gave sasine of the said third of the said lands of the lordship of Haliburtoun to Margaret Haliburtoun. Margaret asked instrument done at the principal messuage inhabited by (blank) Howme around 11am before George Howme son and heir apparent of George Howme of Broxmoucht, sir Edward Howme chaplain, Patrick Howme, Robert Mark in Toddryk, James Ray, Alexander Roull.

11. Murraye 30 March [1536/7]
Patrick Murray in Philophauch protested that the manuring or sowing of grain done by master Patrick Wrycht and master Michael Scot on the lands pertaining [to] Ester Bowhill should not turn to my friend Thomas Murray in prejudice in future because the said Thomas has occupied peacefully the said lands in times of all former lords for the space of 40 years without any impediment and so it will be proven before the lords of council within the next 40 [days]. Patrick asked instrument in name of his uncle before sirs John Michelhill, Lawrence Jonsone chaplains,Thomas Ker in Yair, Gilbert Ker in Grenheid, George Clerk, John David¬sone done on Easter Day [“die parasiphes”] near the choir of the kirk of Selkirk around 9am.
Same day master Michael Scot in Aikwod [Instrument ends here].

12. Andrew Ellot 4 April 1537
Instrument narrating that Andrew Ellot bailie in that part of Margaret Haliburtoune one of the ladies of Dirltoun and Halibur¬toune and spouse of George Ker of Faudonside had a precept or mandate with seal and subscription of the said Margaret and George to Patrick Hepburn master of Halis as follows “Be it kend till all men be thir presentis lettres me Margaret Haliburtoun ane of the lades of Dirltoun with consent and assent of my derest spouse George Ker in Faudonsid to have maid constitut and ordinet and be the tenor heirof makis, constitutis and ordines my lovyt¬tis Andro Ellot, Jhone of Haliburtoun and ilk of thaim con[iunct¬ly] or soveraly my verray laufull bailyeis and officiaris to pass in my nayme to my landis of Boltoun with pendykyllis and perti-nenchis thairof or ony part thairof lyand wythin the shireffdome of Edinburcht and constabulary of Hadingtoun [and ] in my nayme and behalff to varne and chairge ane honorabyll man Patrik Hep¬burne maister of Hallis and all utheris occupiatouris and intro¬mettouris of my landis of Boltoun with the pendikyllis and perti¬nenchis thairof or ony pairt thairof to remowe and flyt fra the samyn at the term of vytsonday nixt to cum and to decest and cess fra all occupationis thairof fra thyne firth als oft as neidbeit and as consuetud of this realme requiris and geif the said Pa¬trick can not be personaly comprehendit at the said plaice of Boltoun at the yeitis of the samyn to varne and chairgis the said Patrik occupiatouris and intromettouris of the landis of Boltoun to decest and ceis thairfra as saidis the ilk to do I commit with the consent of my spouse to the saidis Andro Ellot, Jhone of Haliburtoun my saidis bailyeis and officaris in that part con¬iunctly and soveraly our full pouer be thir presentis lettres and attour that ye pass in my nayme with consent of my spouse as saidis to the threid pairt of landis and lordship of Dirltoun [with] pendikyllis and pertinenchis thairof or ony part thairof lyand within the schireffdome and constabulary of Hadingtoun in my nayme and behalff to varne and chairge all and syndry occupia¬touris and intromettouris of my thrid pairt of the landis of Dirltoun the ilk to do I commyt with consent of my spouse to the said Andro Ellot and Jhone of Haliburtoun my saidis bailyeis and officaris in that part my full pouer gevin under my seill and my spouse seill ane wyth ouris subscriptionis manuall in taking of his consent (p/t) at faudonsyd the penult day of march in the yeir of god ane thousand five hundred and thirty seven yeris befor wytness schir Ninian Brydin, schir Jhone Blycht of Halibur¬toun, Jhone Hallewoll.”

[The subscriptions of Margaret and George.]
After the precept or mandate was read out Andrew Ellot ordered the said Patrick to flit from the said lands of Boltoun as they belong heretably to the said Margaret and her spouse George for his own interest and lawfully warned all occupiers and intromet¬tors. Andrew Ellot bailie in that part asked instrument done around 11am before master William Hepburne, sir Patrick Sinklar,John Haliburtoun, Andrew Ormistoun.
Same day the same Andrew protested that the delivery of a copy of the said precept should not turn to his master in prejudice and he shall have full [power?] by virtue of brevity of the precept by [permission?] of the scots legislature because it was never the use at time of transaction to give a copy of any precept. Andrew asked instrument before John Badbe,John Haliburtoun.

13. Andro Ellot
Same day the said Andrew came to William of Dirltoun and before witnesses warned the subscribed viz. John Haliburtoun of Cokyl¬myll, Helen Haliburtoun, John Haliburtoun of Corss Baychlam, James Craik, Henry Nyco[lsone], Robert Forhouss, Archibald Hali¬burtoun, Hugh Smyth, John Nycolsone, John Sinklair, [Walter] Nycolsone, Janet Boyne in Gulan, John Forhouss of Luk houss land, John Logan, James Craik. Done at the dwelling places around 5pm before John Haliburtoun and Henry Nycolsone.
“John Ker bailie constituted to the honorable lady Janet Neutown.”

[Next page blank and cancelled].

14. John Keyne 2 May [1537?]
John Keyne asked instrument that James Ta[it?] (p/t) gave an oath to me and my brother James Keyne and (p/t) about the killing of his horse heretofore and immediately James swore that he had never [done] harm. John asked instrument before [William] Brydin, James Brydin, James Scot, Andrew Mcduell, (p/t) Chepman and the whole inquest.

15 Louch attorney for the Lady of Grenheid 2 May [1537?]
Instrument of sasine narrating that Peter Portus heir to the late Robert Portuis burgess of the same resigned in hands of the bailie his hall and upper house “the malt berne” [lying?] on the east side of the close with the tenement of Thomas Barkar on the [north] and the well on the boundary of his barn on the south and the rest of the close on the west in favour of Andrew Louch attorney of Marion Hoppringill lady of Grenheid. Andrew asked instrument done on ground of the same around 5pm before sir John Brydin chaplain, (illeg) Portuis serjeant, Robert Hendersone, [rest of instrument illegible].

16.Moffat (p/t) May 1537
Walter Turnbull resigned in hands of the bailie Mark Ker his tenement lying on the west of the burgh of Selkirk with the tenement of Thomas Hendersone on the east, part of the tenement of sir William Brydin on the south, the tenement of John Mithag on the west and the King’s Street on the north, also an acre of arable land belonging to the said tenement lying in “Kyrkcroftis” with the lands of sir John Michelhill on the east, the King’s street which leads to the castle of Hanyng on the south and the croft of land [dedicated?] to the service of the Blessed Virgin Mary on the west and the mill croft called “Mylburne myl croft” on the in favour of Peter Moffat in the tenor of the charter made thereon. Peter asked instrument on ground of the same around 10[am] before witnesses sir [end of instrument missing].

Page missing.

17. Part of a precept of [the king] commanding his bailies to give sasine of twenty merklands [in South Syntoun] with perti¬nents to Gilbert Ker or his attornies in tenor of his charters and evidents done Edinburgh 13 March 1537 before Adam Lyndesay of Dowhill, master Robert Graham vicar of [Drumyne?], James Porter¬feld of [Loch?]maben notary public.
After reading out the precept James Ker bailie depute as above gave sasine of the twenty merklands lying in South Syntoun with pertinents to Gilbert Ker who asked instrument done at the prin¬cipal tenement before (page torn) in Sunderland Hall, William Ker (page torn)burgh, William [Rantone?], James B(p/t).

18. Davidsone and Yong of Chames (p/t) April 1538
“that day Rauf Davidsone of his awin vill un neid coackt bot for diverss resonabill causis renuncess all rycht clayme vryt of condicion ony maner of vay that pertenis to the heretour callit Grymmislaw or to the thrid of the Chames or ony utheres heretai¬gis pertening to the said air and desiris no mair bot allanerly to joiss and brouk the takis for his payment maid and for to be maid geif thai can be gottinge. In vytness heirof the said Rychert with consent of his spouse tuk ane instrument befor thir vytnesses schir Symon Shortreid, George Scott in Blyndhauch, Robirt Rutherfurd,Jhone Brydin, Robirt Scott in Howfurd, Jhone Smycht. TB 7 James Lumisdene.”

19. Scot in Todrik 3 April 1538
“Thomas Scot hes set ane quarter and halff quarter of Todrik for ane yeir efter (p/t) and for deu service efter as us is in the (p/t) [between?] worchthy men Thome Robesone (blank) and the saidis personis sall haif efter the [usche] of the yere the first lof and to do for it as utheris vill doo.” [Thomas] asked instru¬ment before John Brydin, John [Banoltis?], Robert Graham.

20. Sir William Bridin 10 April [1538]
James Scot one of the bailies of Selkirk came at the request of Si[mon] (p/t) to two crofts of arable land lying on the north of the town… [Rest of instrument fragmentary or missing]
[Page missing?]

21.Neutoun 10 April [1538]
William Ker [life?] lord in “Sanct Helyne Schaw” resigned in hands of the bailie John Scot his tenement and croft lying on the east of the said burgh between the tenement and lands of William Chepman on the east, the king’s street on the south, the tenement of John Scot and the lands of Thomas Lumisdene on the west and the midstream of the water called Etrik on the north in favour of Hector Neutoun in tenor of his charter made thereon. Hector asked instrument around 9am before Adam Ker, William Portuis, William Burne, John Turn[bull] .

22.Morlawe 8 May [1538]
James Mouss burgess of Selkirk appoints Thomas Morlawe his lawful assignee in and to half a quarter of all the lands of Ester Hanyng from him his heirs and assignees in favour of the said Thomas Morlawe, his heirs and assignees and all the evidents pertaining thereto. Thomas asked instrument at 4pm before Thomas Cuik, Thomas Jonsone, Alexander Collene, John Borrouss, Thomas Forest.

23. Scot in Todryk 25 May [1538]
Thomas Scot asked instrument before John Bridin, John Achesone, Thomas Robesone, John Mautland that the tenants in the town of Quhitslands wanted to graze cattle on the place of Todryk just as their predecessors had done with their cattle provided they were not expelled by authentic evidents and by royal letters.

24. Brydin vicar 28 May [1538]
sir William Brydin declared that it was his intention to deliver a copy of a charter of Thomas Ker in Yair and his nephew [Wil¬liam] Bridin did not want to hand it over.

25. Ker in Yair
same day he asked instrument that the said William had faithfully promised to give him a copy of the charter of the tenement of [William] Bridin and afterwards denied it and asked instrument that he had broken the common law before witnesses underwritten and the same man William Brydin lawful heir of the deceased Robert Brydin openly declared he did not want to prove his evi¬dents to Thomas Ker in Yair until he had sought legal advice. William asked instrument before Gilbert Ker alderman,James Scot and John Mithag bailies and the whole inquest.

26. Ker of Prumsidloucht
same day Peter Moffat burgess of Selkirk declared that he had received the sasine of the tenement of the deceased Laurence Downe from Andrew Ker of Prumsidloucht and straightaway he freely resigned the tenement in favour of [Gilbert] Ker son and heir of the said Andrew,in hands of the bailie for the time James Scot. Gilbert asked instrument before sir William Brydin vicar of Selkirk, James Ker, sir Thomas Skune, Adam Ke[r], [sir?] John Michelhill,James Bradfut.

27.Andrew Swordslippare alias 28 May 1538
Gilbert Ker of Prumsidloucht resigned in hands of John Scot bailie his tenement lying in “Goslynraw” with the king’s street near the mercat cross on the east, the tenement of William Bennat on the south and east and the house of sir John Michelhill on the north in favour of Andrew Swordslippare alias (blank). Andrew asked instrument around 1pm before above witnesses.

28.Symsone of Cassilstairis 28 May[1538] John Symsone discharges Gilbert Ker of Prumsidloucht in presence of witnesses underwrit¬ten for [sending or receiving?] the ferme of his husbandland called “Lammes landis” under penalty of violence. John Simsone asked instrument before James Scot bailie, (illeg), William Hendersone, (p/t).

29.Scot of Hanyng 8 June 1538
Instrument narrating that the young man Thomas Scot son and heir of Robert Scot of Hanyng presented a precept of sasine of King James to the sheriff and bailies of Selkirk at the principal place of Hanyng lying within the forest ward of Ettrick, sheriff¬dom of Selkirk,commanding that because Robert Scot of Hanyng,father of the said Thomas died last vest and seised of all the lands and the loch of Hanyng with pertinents and Thomas is nearest, lawful heir to Robert, the said Thomas shall be invested heir in and to the said lands, taking security of (p/t) for the liferent not recovered and £48 for double feu-ferme owed on the same. Done at Edinburgh 8 June [1538].
After reading out the precept the bailie gave sasine to the said Thomas of all the loch and place of Hanyng with pertinents. Thomas asked instrument done near the hall of Hanyng around 7pm before Alexander Tait lord of Pirne, Alexander Hoppringill, David Tait ,John Chepman, James Helme, John Curror,Thomas Graham, George Michelhill burgesses of the burgh of Selkirk and James Achesone,James Helme [younger?].

30. Scot tutor
Fragment of instrument narrating that Walter Scot tutor in Hanyng [asked instrument] before witnesses that the sasine should not turn to him in prejudice and the said [Thomas to pay?] the sum for entry.
31. Brydin bailie in name of [Katherine Gray]of the lands called [Todryk]12 June [1538]
William Brydin bailie deputed as above came to the tack of Tod¬dryk and there in tenor of a precept of the said Katherine Gray expelled the sheep and closed and fastened the door of Thomas Lauder and George Lauder and placed there ewes, cows and oxen of the said Katherine lady of the conjunct fee of the said place of Toddryk. The bailie asked instrument before Thomas Scot there, John Matland, Thomas Patersone, Thomas Robesone, John Achesone, done around 1pm .

32.Louche bailie deputed on the part of the honorable man Gilbert Ker same day Andrew Louche came to the principal mansion of 20 merklands lying in the [lordship] of Syntoun and there the said Andrew in tenor of a precept of the said Gilbert cancelled the lease of and expelled George Robesone, John Robesone, Walter Vauch[e?], David Do[wne?] and Walter Scot from their occupation of the 20 merklands under penalty of [violence within] forty days [next part of instrument fragmentary] done around 7pm (p/t) before Robert (p/t), (p/t) Gourla, David (p/t)

[Note: At this point a loose scrap has been fixed in error to the torn page.It is part of a precept possibly referring to the lands and loch of Hanyng?]

33. Wod on the part of the lady of Grenheid 14 June [1538]
Robert Vod on the part of Marion Hoppringill required and pro¬tested to Margaret Lundy true cessionar of the deceased David Hoppringill in Galloschelis that she should receive four chalders of barley as rent for two years past and the same refused the barley and asked for silver. Robert asked instrument.

34. Lundy
same day Margaret Lundy showed that she had asked six times the said lady of Grenheid and her factors [to take?] delivery and afterwards asked the venerable man sir John Dur[y?] [rest of the page badly torn] [Note: reverse of fragment mentioned in no.32(n) attached. It refers to Thomas Scot.]

35.John Scot
Part of instrument narrating that Thomas Scot in Todrig [showed?] a precept of master Michael Scot [in Aikwood?] to the venerable man sir John Scot of half the lands of [Hird]manstoun with perti¬nents except [“dempttis”] the tower and two acres to fulfil a debt of service to the superior lord. Sir John asked instrument on the ground of the same around 3pm before John Jonsone, David Tudhope, John Andersone, Matthew Andersone, William Buller[well]).

36.Marion Hoppringill 27 June [1538]
John Turnbull of Hassendene freely discharges and quitclaims Andrew Ker, Marion Hoppringill his spouse and Gilbert Ker of all the fermes from past terms as far as the day of making these presents uplifted on the [quarter?]lands of “Mabyllynflat” and the said Marion and her son Gilbert promise to pay to the said [John Turnbull] yearly and termly the fermes of that place debts and [arrears excluded?].[Marion?] asked instrument in name of Gilbert at the yard of Grenheid around 2pm before Andrew Louche, Robert Chepman, Patrick (p/t), Peter Moffat.

37. Hoppringill
On which day Elisabeth Chepman relict of the deceased Robert Portuis freely resigned all right and claim she has or had to the great malt barn near the adjoining hall in favour of Marion Hoppringill and her heirs and assignees forever on condition that the said Marion and her heirs amd tenants make no impediment for the said Elisabeth in her hall or without the barn so that she is free to come and go. Marion asked instrument before John Chep¬man, Andrew Louche, John Mulikynne.

38.Mithag bailie for the time
on which day John Mithag on behalf of all the community of Selk¬irk publicly declared in the mercat place near the cross of the said burgh that [Andrew] Dischyngtoun did not proclaim royal letters according to custom and the said John faithfully promises to prove this. John Mithag asked instrument before sir David Scot.

39.Dischyngtoun messenger
on which day Andrew Dischyngtoun showed that he had proclaimed royal letters according to custom at the mercat cross and he had seen John and James Scot personally present. John [Dischyntoun] asked instrument before John Dunlop.

[page missing?]

40. [Peter Ker] April [1539?]
Fragment of instrument in scots narrating that John Freir and his spouse owe William Ker of Schaw an annualrent for 1537 on a tenement called [?]. John wodsets “the est and vost” tenements to Lancelot Ker, for 20 merks yearly to pay off the debt of 20 shillings annualrent, after refusing William Ker’s offer to take sasine of the lands, later to resign them to said William after the debt was paid off. In this way the debt was paid in full by John and his spouse and their heir Janet. Peter Ker in name of William Ker asked instrument in the inn [“hospitium”] of Adam Wilkesoune before the said Adam, Thomas Berkar, [James?] Wilke¬soun, Thomas Heisloup, Thomas Crukschankis.

41. Wilsone
John Wilsone of Burnefut asked [for a copy of] a royal summons to David Murray [and he] faithfully promised to give him a copy. Before John Murray, James Scot, around the hour of (p/t) near the bell of the kirk of Selkirk.

42. Scot of Eldinhoup 13 May 1539
William Scot in the presence of witnesses claimed [that] James Stodert took unlawfully and violently possessed his place of est Eldinhoup from him [and] that he was not warned 40 days [before], according to Forest custom, at the feast [“strimentionem”] of the Holy Rood and protests for remeid of law because he alleges himself unlawfully damaged and molested by the said James. William asked instrument around 1pm before Martin Smaill, Thomas [Crana?]stoun, John Brunton in Sondhoup, Adam Pot, John Paico,Thomas Cranistoun in Kirkhoup.

43. Stoddert
same day James Stoddert protested that the instrument brought by William Scot should not turn to him in prejudice and that it was done according to forest custom and if William alleges before whatever justices that I removed him wrongly (p/t) and in style of the forest I will prove that William leased [his?] place of habitation from me three times and wrongfully manured and sowed my lands and all this I will prove before whatever justices. James asked instument before Martin Smaill, Thomas Cranstoun, John Bruntoun in Sondhoup, Adam Pot, John Paico, Thomas Scot in Kirkhoup.

44. [Nos. 44-45 originally a loose sheet]
” Smaill David Todryk, James Ewland, William Mithag, John Michel¬hill, sir William Bridine.
22 Aug Thomas Grahame, John Stevisone, John Michelhill, David Mithag, Peter Moffat, David Todrig
anno xliiii [1544]

25 Aug Robert Halliburntoun on his own confession has confessed that he owes Thomas Patersone £17 4s 3d less for [lyat?] deliver¬it to hym at michelmess anno xliii [1543] and the said Robert oblissis hyme to pai Thomas at Michaelmess ful payment without delay langar and oblissis him to lane [ie. loan] Thomas or sanct andro day £10 the quhilk £10 Thomas Patrsone sal haif the la[ne?] also lang as Robert had the layne of his £20 before these witnes¬ses Laurence Halberstoun, Adam Boill, David Todrig, William Portus, Simon Sandersone.
And R. S. sal deliver to [Peter] uther or my self and vyf and na utheris.”
Fragment of note in margin mentioning Scot in Blyndhauch.

45. “Cosyng I commend me to yow I haif resavit your writtin and to that effect I trow thare be na [remeid] bot [lat] hyme and hir sel and thane thay to thyg or steill [ie cadge or steal] quhare¬for I am rychtway and had not beyn your counsall and elyn my sister I had not medillit tharwith nocht the less gif ye can causs hym to put hir in that croft I sal provid for ane maister to hyme fra that be done and uthervais and he and scho wil sel at that yeris ische and thyg bayth thay sal never haif ane penne¬worcht of myne and gyf he wil put hir in the land I wil gif hyme horss and put hyme as fadiris and god keip yow.”
[signature illegible [Y..CARTR..?].

46. Scot 23 May [1539?]
Alexander Carmaig [messenger] of our lord king and bailie consti¬tuted to Walter Scot knight and his mother dame Elisabeth Ker liferenter of the [lands] of Auldishoup came to the place of Auldishoup and door by door warned the tenants James Turnbull, John Vilsone, (p/t), Simon Dodis, Adam Dodis, Richard Vylsone personally and those not [present to flit], in sign of which put stools, jars and bowls outside their houses around 5am in tenor of a precept of the said Walter and Elisabeth. Alexander asked instrument before James Turnbull, Peter Gray, Thomas Roger, David Fauside.

47. Ker in Sonderlandhall 23 May [1539]
Incomplete instrument noting reference (no details) contained in the protocol of sir John Chepman notary witnessed by Gilbert Ker, Thomas Frere, John Robesone,William Ran[ald?].

[List of witnesses (as no. 46) scored out].

48.Copy of an assignation of cessioners
An example of style reciting that before witnesses underwritten A. B. freely ordains Walter Murray and Adam Murray sons of David Murray in Cranstoun his true lawful undoubted and irrevocable cessioners and assignees in and to one hundred and eighty “le yowes”, one hundred and forty “le gymmare” and “dymmonds” and one hundred lambs, which ewes [and] lambs belonging to the said Andrew, Margaret and Elisabeth were violently seized by Alexander Elwauld in Borthuik and his friends from the land and manor viz.”le maling of Leuinshoup” the said lands being in the posses¬sion of the same for daily pasture of the said [animals?] during May 1535 also to recover any other profits lost by the said taking of the animals for the said space of time. If the said Alexander and his friends have not taken them in the style as above I give the cessioners and assignees full power and freedom to summon and call the said Alexander and friends before whatever justices on account of the said animals and the profits thereto and to represent all his claims in recovering the said animals.

49.Scot of Bukcleuch 23 May [1539]
Instrument narrating that Alexander Carmaig on behalf of Walter Scot of Branxhelm knight and his son William feuar of Fausyd in the ward of Ettrick Forest in the sheriffdom of Selkirk came to the principal mansion of Fausyd and the said Alexander put one of the buckets [“uterum”] outside the said place in sign of removing and then warned Thomas Scot son of the deceased Adam Scot and Robert Scot lord of Houpasloit in tenor of a precept of the said Walter and his son William that they should remove them, their tenants, occupiers of Fausyd under penalty of violent possession in sign of which he had put out the bucket. Alexander asked instrument before Peter Gray, David Fausyd,Thomas Roger, sir Andrew (p/t), master Thomas Ker .

The precept is repeated in scots and differs only in specifying that they should flit at whitsunday next and as sign of flitting before the term put out a stress and if they do not flit to be held violent possessors of the same and subject to pay profits lost during that time.Done at Edinburgh 15 March [1538].

“William Scot with my hand. Walter Scot.”
[note at foot of previous page: “memorandum of Jok Flecher Rob Conwell”]

50.Gray on the part of sir [Walter Scot] 28 May [1539]
Instrument narrating that [Alexander Gray] bailie of Walter [Scot of Branxhelm] knight and [his mother] dame Elisabeth Ker liferen¬ter of Ettrick forest and walked around the said place [Fausid] and [found] no occupiers or moveable goods [but] one man called William Chesholme warden of the said place on command of the said tenants and the said Alexander [charged] the said William to warn Robert Scot of Houpaslot and his tenants of the place that they should remain where they now stood(p/t) [and not] occupy the said place and if they returned to the said place without consent of William and Elisabeth they would be reputed violent possessors in tenor of the said precept. Alexander asked instrument around 5am before Peter Gray, David Fausid, Thomas Roger.

51. Fausid on part of William Scot and (p/t) 28 May [1539] Alexander Carmaig bailie of Walter Scot and William Scot his son feuars of Fausid gathered in and drove out the ewes from the place of Fausid in tenor of a precept. Straightaway sir Andrew Murray chaplain, Robert Scot of Houpaslot, Thomas Scot son of the deceased Adam Scot of Fausid came and gathered up the said ewes and led them away and they had wanted to [return?] the said ewes to the said place and the said Alexander [asked?] for what reason did you wish to return them to the said [land?] and the said sir Andrew replied that he wished to return them to the said place on part of Thomas Scot and Robert [Scot] of Houpaslot his masters by rule of law [“ordine iuris”] . Andrew asked instrument around 10am before witnesses John Flecher, Margaret Ker, Male Andersone, Robert C[averh]yll in sign of which the said Alexander broke a rod.

52.Murray
same day sir Andrew Murray denied that he spoke for his master Robert

Scot of Houpaslot and protested that it should not turn to his master in prejudice and alleges that it was a slip of the tongue and [he was only advised] to have spoken on part of Thomas Scot and asked instrument.

53. Tait 7 June [1539]
Instrument narrating that Elisabeth Ker old lady of Buccleucht ordained Patrick Tait her true procurator to take possession of and impound her flocks in peaceful possession of her place called Andishoup with power to appoint other procurators or another procurator able to touch on all causes. Patrick Tait asked instrument before John Cranstoun of that ilk, sirs Peter Cran¬stoun, William Lydderdaill chaplains, George Scot of Vaillis. Done in the hall of Kirkhoup around 11am.

54.Tait procurator 7 June [1539]
[Patrick Tait] procurator in name of Elisabeth [Ker old lady of] Buccleucht came to her forest place called Andishoup [and] found [neither] flocks nor ewes cows oxen [on the same being] entirely empty and instantly drove [cows in] with one bull and possessed the same place peacefully in presence of witnesses underwritten [and] asked instrument that he had placed the said cows with the bull in name of Elisabeth Ker liferenter of the same and with consent of Walter Scot of Branxhame knight. Patrick asked in¬strument around 4pm before Simon Gledstanes, Simon Dodis, Adam Dodis, John Chesholme, Richard Vilsone, John Vylsone, Thomas Andersone.

55. Ker on part of the community of the burgh of Selkirk 11 June [1539]
Gilbert Ker alderman for the time and in name of all the commun¬ity asked instrument that Simon Fairle faithfully promised that he [and] his heirs would never in time to come meddle with a portion of common land lying below “Peilhill” for as was special¬ly expressed in the Court Book of the said burgh [common land] on the north side of the same [should not be let] without consent of all the community or the greater part of the same by annualrent or ferme as suits them. Gilbert on part of the community asked instrument before sir David Scot vicar of Cavers, Walter Scot in Hanyng, John Mich[elhill], John Brydin, William Brydin and done near the Peel around 1pm before all the community.

56. Ker in Yair
“That day Thomas Ker in Yair [declared] “that alderman and bai¬lyeis comonite of Selkirk had Rid [the bounds] of his stedding of the Yair in the est part of the [same] (p/t) and he protesit that thairis perambulacionnes [should not prejudice him?] nor his ayris nor the king nor the qwene (p/t) in tyme to cum” Thomas asked instrument around 3pm before Gilbert Ker, James Scot, Ralph Ker, John Brydin, James Keyne bailies.

57.Keyne bailie on part of the community
same day “James Keyne bailye exponit in nayme and behalff of the hail comonite that thai yeid to the sammyne merches and bowndes of our comon that David Brydin Voll Keyne Thomme Hawe Voll of Caidzou Jhone of Caidzou Thomme Keyne Richert Chepman Thomme Bridin yeid this tyme thretty yeiris in presens of me and I hard thaim say that thairis gudschirris and grantschirris said to thaim that thai yeid the sammyne boundis and quhat thai say said men raid or yeid ve vyll hald ar that ilk boundes”.

58.Ker of Prumsid loucht
same day Gilbert Ker declared that James Vilkesone and James Vilkesone “come and schewe his vordis and drew his swerd in presens of thir vytness Jhone Mithag David Brydin Williem Brydin James Scot” sir David Scot vicar of Cavers.

59. Vilkesone
same day “James Vilkesone tuk ane instrument that Gilbert Ker our chossine alderman said and did agans our actis duwly deliverit be our veill avyssit counsell and quhen our brether and frendis repruffit hyme [he] offerit straikis with ane vand to my cusing Jhone Brydin and his servand James Ker drew halff [way?] furcht his swerd quhill he vas haldin and offerit me straikis without causs”. James asked instrument around 3pm before sir David Scot, John Mithag, David Mithag, James Keyne bailie and all the commun¬ity of Selkirk.

60. Chepman 11 June [1539]
James Hawe smith faithfully promised master John Chepman burgess in Edinburgh in presence of bailies and diverse neighbours to accept a thread “viz. ane lyne threid and bind it to the nedder esche of his yarde and to the vost gavell of the forgis of umqu¬hill Stevin Loremur and promist that he suld nocht extend the bowndis of the lyne threid”. Master John asked instrument around 7am before sirs William Brydin Thomas [Ker?] chaplains, John Mithag, Robert Chepman, Alexander [Hawe?].

61.Gaven 14 June [1539]
John Vilsone of his own free will discharges all right and claim which he has or will have in and to his house in Boldsid lying with all lands inhabited by the said John Vilsone in favour of his neighbours Thomas Goven, John Govan his rightful heir for a sum of money received by the said John Vilsone in his urgent need. Thomas Goven asked instrument around 9am before Robert Hawdene, Hector Neuton, John Brydin, David Jonsone.

62.Carmaig on part of the lord of Buccleucht 23 June 1539
Alexander Carmaig messenger forbade James Douglass in Cavers and the sheriff of Roxburgh to alienate, set in tack, sell or infeof anything heretably according to the tenor of a royal letter given to them. Alexander asked instrument around 4pm near Cavers viz. “le Knowes” on the south side of the same before Adam Scot in Quhithoup, James Dalgless in Vodende.

63.Carmaig as above
same day Alexander Carmaig summoned James Dougless of Cavers in tenor of the royal letter to compear before the lords of council on the 20 July next after at instance of Walter Scot of Branx¬holme knight concerning an act taken by the said Walter. Alexan-der asked act and instrument before above witnesses.

64.Scot Bradfut Graham Brown 25 June [1539]
“Esebell Scot with consent and assent of hir spous Alexander Elwauld quitclames and dis[char]ges James Scot James Bradfut Thomas Graham Jhonne Brown custumer borrowes for maister Michaell Scot to hir for [a] sowme of mony and be tenor heirof discharges the forsaidis now and ever”. James Bradfut on part of his friends asked instrument before sir John Michelhill notary, Alexander Carmaig, Alexander Gledstanes, Robert Jonkesone.

65.Master Michael Scot 25 June [1539]
Isabel Scot with consent of her spouse Alexander Elwauld dis¬charges and quitclaims their master Michael Scot [text ends here.]
[Next page blank and cancelled.]

66.Scot [in Edin]burgh 27 June 1539
Instrument of resignation narrating that “Bege” [Elisabeth] Forsycht relict of the deceased Robert Scot burgess in Edinburgh resigned in hands of the bailie a tenement and croft with six rigs in the open fields of the deceased Robert lying in the said burgh near the court house on the north side of the same with the tenement of Simon Fairle on the east, the tenement of John Smyth on the west, the yard of Lancelot (p/t) on the north and the kings street near the court house on the south with a croft of arable land lying below pertaining thereto with the lands of Patrick Murray now in hands of Mark Ker on east and west and the lands of John Smyth on the south and the lands of sir William [Brydin?] on the north both pertaining to the said Elisabeth in conjunct fee in favour of her daughter Elisabeth [“Besseca”] Scot her true heir and heir of Robert Scot [the clause describing handing over of sasine is scored out]. Elisabeth Scot asked instrument that her mother had quitclaimed all right and claim ownership and possession of the said tenement with croft and her conjunct fee before John Brown, John Bridin, Wiliam Scot, William Portuus serjeant, sir David Scot vicar pensionary in Cavers, John Fairle ,Simon Fairle, Robert Skaythe burgess in Edinburgh.

67.James Scot
same day James Scot protested in presence of witnesses underwrit¬ten and James Bradfut that the said resignation made by Elisabeth Forsycht to her daughter should not turn to him in prejudice concerning an assedation made previously to him by the said Elisabeth of all the tenement and croft to the end of his life and asked instrument on this.

68.Elisabeth Scot
same day the bailie James Bradfut gave sasine of the said tene¬ment and croft as above to Elisabeth Scot lawful heir of the deceased Robert Scot personally present and accepting. Elisabeth asked instrument before above witnesses.

69.Scot
same day James Bradfut bailie gave sasine of six rigs lying in ryndaill in the open fields in the lordship of Selkirk in tenor of a testimonial letter, with the common seal appended, which pertain heritably to Elisabeth Scot of which the first lies over “le Bawethorn”, the second over “Crukitlandes”, the third over “esterlais”, the fourth over “Briglandes”,the fifth in the mea¬dows called “Kingis Medois” and the sixth over “D (p/t)” near Ettrick in favour of Elisabeth Scot heir of deceased Robert Scot in Edinburgh. Done on the ground of one of the rigs near Bawe¬thorn. Elisabeth asked instrument around noon before abovemen¬tioned witnesses.

70.Sir David Scot 27 June 1539
Fragment (unfinished) narrating first part of no. 69. Rest of page cancelled.

71.Ker of Prumsidloucht 29 June [1539]
Gilbert Ker in name of James Bradfut James Keyne bailies for the time showed “that he and the bailyes had pountit ane perempter day of vappinschawin to be [held] in the bog quhilk is [comon?] and the comonite come nocht [and] absentit thaim self hen[ce] I tak ane instrument that the comonite obeis nocht the kinges lettres”. Gilbert asked instrument around 6pm before James Scot, John Mithag, master William Ker rector of Auldroxburgh, Simon Fairle, Robert Chepman.

72.Hoppringill of New [Hall] 8 July 1539
Alexander Hoppringill of “the New Hall” openly showed and made public a letter of compromise and judgement [“arbetrii”] in presence of witnesses underwritten and in tenor of the same presented his arbiters viz. George Hoppringill of Toruodle and Thomas Ker in Yair on his part the first in Edinburgh the second on this day ie. 8 July and the said Thomas [and] William [did not?] compear with their [judgement?] in tenor of a compromise. Alexander Hoppringill of New Hall asked instrument around 2pm in Selkirk before John Scot thatcher, James (p/t) Fulbrig, John Hawe.

73.Ker of Lyntoun procurator of Thomas Scot 8 July 1539
David Scot of Buccleucht son and heir of Walter Scot of Branxham knight, Robert Scot of Alanhaucht, Adam Scot of Burnefut con¬junctly and severally bound themselves in the strictest form of obligation to William Mur sheriff depute of Selkirk that John Cranstoun of that ilk procurator of William Scot will prove before a judge that Thomas Scot son of Adam Scot is a bastard according to the custom of the law used in such cases. George Ker of Lyntoun procurator of Thomas Scot asked instrument before sir John Michelhill notary, master Michael Scot in Aikuod, John Reddaill of that ilk, George Pot, George Tait of Pirne, John Down, Mark Ker, Thomas Ker in Yair, Andrew Ker of Lytildene, done in the court house of Selkirk around 2pm.

74.Robert Scot of Alanehaucht and Adam Scot
Same day David Scot son and heir of Walter Scot of Branxham knight bound himself [and] his heirs with his oath of faith by ostension of hands to warrant defend and relieve Robert Scot of Alanehaucht [and] Adam Scot of Burnfut [and] their heirs from all damages, inconveniences, disturbances and those things touching on their obligations done in a sheriff court held at Selkirk before above witnesses.

75.Patrick Murray 14 July 1539
Patrick Murray of Fallauhill showed [that] William Mur and Arche¬bald Herreot kings messengers made a valuation of seven score of ewes and fifteen and [six?] score and fourteen “le yeild scheip” pertaining to the said Patrick on account of a sum owed by the said Patrick to king James V and now master Thomas Mairiorebankis returned all the “yowes and yeild scheip” from master (p/t) Bonayes treasury clerk and on the same day the said Patrick Murray, Alexander Murray and James Greif, sureties for the [man?] and animals, delivered all the ewes and “yeild scheild (sic)” safely to Robert Scot of Howpaslot and Ninian [Ander]sone in name of master Thomas Mairiorebankis and his attornies. Patrick asked instrument around 2pm near loch of Hanyng before John Hoppringill of Bowe, Simon Scot, (p/t) Murray, Adam Murray.

76.Scot of Howpasloit
same day Robert Scot of Houpasloit and Ninian Andersone acknow¬ledged they had received on part of master Thomas Mairiorebankis seven scores of ewes and fifteen and six score and fourteen of “yeild scheip” from Patrick Murray, Alexander Murray and James Greif and marked them to the use of the said master Thomas. Patrick assigned the said pasture to the said good men for one year or longer if it pleases the said Patrick. Robert Scot asked instrument as above.

77.Curror of Pelgait [] July 1539
Instrument of sasine narrating that James Bradfut bailie, after showing the authentic evidents, invested Laurence Curror as heir of the deceased James Curror his father, and gave sasine of the same,in and to his tenement lying on the north side of “Pelgait” with the tenement of James Helme on the east, the lands of Wil¬liam Scot on the north, the tenement of Thomas Morlawe on the west and the kings street called “Pelgait” on the south. Laur¬ence asked instrument done around 1pm before John Mithag, Thomas Graham, William Portuus, James Helme younger, William Turnbull.
Paying yearly burgh ferme 3s and 10d to the servants of the altar of Our Salvator situate in the monastery of Calco.

78.David Scot of Buccleuch [Title only].

79.Huchesone and Cad[zou] 20 Aug 1539
Instrument of sasine narrating that James Cadzou resigned in hands of the bailie a house on the east side of and below a tenement in which the said James lived lying in Volgait with the tenement of said James on the east, the Volgait on the north, the tenement of Marion Notman on the west and the tenement of John Keyne on the south in favour of the young man John Hucheson. John asked instrument around 1pm before Thomas Elwauld, John Brown, James Cant, Alexander B[rown?], [Mungo?] Jonsone, Thomas Curror.

80.Sir Peter Ker in name of Lancelot Ker his brother german 28 Aug 1539 Instrument of sasine narrating that John Freir and his spouse Janet Brown resigned their two tenements both lying in a vennel called “Voll Gait” with the tenement of John Houatsone on the east,the lands of master John Chepman on the south and the tenement of William Ker and Adam Ker in Sanct Helyne Schaw on the west in favour of sir Peter Ker attorney for Lancelot Ker of Gaitschaw. Sir Peter asked instrument done on ground of the same around 10am before John Hawe.

81. Smaill and Briden 22 Aug 1539
Instrument of sasine in favour of Alexander Tait of Pyrne procur¬ator of sir John Bridin chaplain in Glasgow and his heir John Brydin younger of a tenement lying on the north side of “Pelgait” with the tenement of John Hawe on the east, the said Pelgait on the south, the smithy of James Helm on the west and the yard of James Chepman on the north. On which Alexander asked instrument.
Same day the said procurator resigned the tenement in hands of James Keyne bailie who gave sasine to John Smaill and Janet Brydin and the executors of the said sir John Brydin reserving free tenement to the said John Brydin for his lifetime. John and Janet asked instrument (p/t).

82. Sir Peter Ker attorney of Lancelot Ker 7 Aug 1539
James Keyne one of the bailies of Selkirk came at request of John Freir and Janet Brown his spouse to their two tenements lying in the vennel called “Voll gait” with the tenement of John Howatsone on the east, the tenement of William Ker and Adam Ker of St. Helyne Schawe on the west, the open field lands of master John Chepman on the south and the kings street on the north and there on ground of the same the said John and Janet of their own free will and for no sum of money given or to be given by Lancelot Ker and sir Peter his attorney resigned the tenement in hands of the bailie in order to pay annualrents owed to the said William and Adam Ker* viz. £5 9s and the bailie gave sasine of both tene¬ments to sir Peter Ker attorney to Lancelot Ker and his brother german, paying yearly 2 merks to the said William and Adam and their heirs and assignees at St. Helyne Schawe in tenor of char¬ters made thereon. Sir Peter asked instrument around 8am before George Michelhill, William Michelhill, James Vilkesone, John Hawe burgesses and David Jonsone. [*See also nos.40 and 80]
Same day sir Peter came to a tenement on the east of the said tenements and there James Keyne bailie by virtue of his office [to appoint] his own serjeants ordained and created James Vilke¬sone his serjeant for the time and the said sir Peter and James Vilkesoune put outside a jar [“vas”] and vat [“cumen(us)”] viz.”ane tre” [ie. a brewing vat] from the said tenement in sign of flitting under penalty of ferme that the said [“mitorix/nutor¬ix”?] shall pay to him and no other her ferme. Sir Peter asked instrument before above witnesses.

83.Peter Murray 21 Aug 1539
Peter Murray son and heir of the deceased Thomas Murray of Soucht Bow[hill] came to sir Andrew [Duncan] chaplain servant and cham¬berlain of our lady queen Margaret liferenter of all the lordship of Etrikforest and there in the chamber of [David] Ker face to face offered [and] disbursed before sir Andrew £5 for three quarters of Soucht Bowhill in tenor of his feuferme which he is accustomed to pay and the said sir Andrew did not want to receive it in his hands unless he paid what he had promised to pay and the said Peter refused to pay that sum and said he would freely pay as much as his parents were wont to pay in tenor of the feuferme. Peter Murray asked instrument before sir John Michel¬hill chaplain, John Brydin, James Vilkesone, David Ker, Simon Curror, Alexander Carmaig, done in David Ker’s chamber around 4pm.

84.William Flecher on part of Simon Flecher 23 Aug [1539]
“Jhone Velche promisit fathfully to pay Symone Flecher his gud sone for marreig of his douchter ix libras in penny and penny vorcht in this maner x merkis and at martinmess and the remayne at vytsonday next thairefter” before John Brydin, David Jonsone, John Robesone, Robert Flecher.

85.Thomas Scot of Fausid son of Adam Scot 11 Sept [1539]
[Thomas Scot] offered sir Andrew Duncan chamberlain of our most excellent queen his ferme of the place of Fausid in tenor of a letter of assedation and rental made and sealed by the said queen to Adam [Scot] and his assignees and the said sir Andrew did not want to receive the ferme and the said Thomas asked instrument that his refusal should not turn to him in prejudice and that he had openly offered [the ferme] to the said sir Andrew counted in gold and silver at one and the same time done in the chamber of sir John Michelhill around noon before master Robert Ker vicar of Lyndene, John Murray of Kershoup, Adam Murray, sir John Michel¬hill chaplain, George Michelhill.

86.Murray of Fallouhill 11 Sept 1539
Patrick Murray offered sir Andrew Duncan chaplain and chamberlain of our old queen £25 scots money for the ferme of his place called “Caudenheid” [Caddonhead] in tenor of letters of asseda¬tion and rentals given and sealed by our queen Margaret to the said Patrick and sir Andrew refused and did not want to receive [the money] and Patrick Murray asked instrument in chamber of sir John Michelhill around noon before master Robert Ker vicar of Lyndene, sir John Michelhill, Mark Ker, James Ker of [Sunder]landhall.

87.Lumisdene 15 Oct 1539
Instrument of sasine narrating that John Lumisdene burgess of Selkirk with consent of his spouse resigned in hands of the bailie John Bridin the east side of his tenement lying in “Capon¬land” and the common lane viz. “the comon poundfauld” on the east* , the rest of the tenement on the west, the tenement of Thomas Mynto on the north and the kings street which leads to “Peilhill” on the south in favour of James Lumisdene second son of the said John. James asked instrument around 3pm before John Mithag bailie for the time, Alexander Gledstanis, James Bradfut, James Keyne, Andrew Downaldsone.
*[the word “arbagium” used here to mean penfold is elsewhere used to mean path or lonnen. It perhaps refers to a path leading to the common penfold or a green lane used to drive sheep on their way to pasture. From other references “arbagium” means the road now called the Loan; this seems to be elsewhere, perhaps near Heatherlie.]

88.Master Michael Scot (p/t) Oct 1539
No details recorded.

89.Hendersone 10 Oct [1539]
Instrument narrating that John Bridin one of the bailies of Selkirk invested Stephen Hendersone true and lawful heir of the deceased Nicholas Hendersone by giving sasine of his tenement lying in the burgh of Selkirk with the lands of master John Chepman and George Chepman on the east, the kings street which leads to “Pelgait” on the south, the tenement of William Bridin on the west and the yard of James Bridin on the north in tenor of an old charter of infeftment. Stephen asked instrument around 9am before Walter Dun[houp?],Adam Veighame, John Howntair, Thomas Volesone, (p/t) Hendersone, David Jonsone.

[Part of next page cancelled]

90. [end of instrument only]
Laurence Jonsone [“fa lo”?] between masters brothers John Watsone in Melross and others done in the aisle of the Holy Trinity.

91.Keyne Bridin 24 Oct 1539
Instrument of sasine narrating that James Keyne burgess of Selk¬irk resigned in hands of the bailie the first and then after the second of his houses on the north side of his tenement also the north side of his yard near the maltkiln and a croft pertaining to the said tenement lying in the said burgh with the rest of the said tenement on the south,the common lonnen on the west, the lands of George Chepman on the north in favour of his spouse Helen Bridin in life rent and conjunct fee. Helen asked instru¬ment around 3pm on ground of the same before sirs Richard Bridin, Adam Ker chaplains, James Doby, Adam Quhitsone, John Keyne, George Roull.

92.Carmur on part of Alexander Lauder 7 Nov 1539
Alexander Lauder son and heir of the deceased William Lauder burgess of Edinburgh presented a brieve of [chancery?] of the King to Patrick Murray sheriff of Selkirk on account of a tribu¬nal held at the court house of Selkirk who summoned the worthy men underwritten to sit on the inquest and to proceed in the service of the said brieves and judge the claim brought on part of the said Alexander. The jurors were master William Veychtman procurator of Katherine Gray and Hubert Maxvoll her spouse, James Scot Walter Scot of Hanyng, Walter in Edschawe, John Smaill, William Vod elder, John Brown customary tenant, William Gowan in Cardronowe, Thomas Middelmest in Grestoun, John Vaiche in Sin¬toun, George Scot in Sanct Myningis Voll, Peter Moffat, John Hawe, John Mithag, Thomas Scot in Todryk, Alexander Scot in Hairheid, James Turnbull in Philophaucht, Alan Dalgless in Deu¬cher, John Murray in Kershoup, George Reiddaill son and heir of the lord of Reddaill which persons delivered and made retour at the said inquest that Alexander was lawful and nearest heir of the said deceased William Lauder his father of all the lands of Todryk with manor and mansion thereto with pertinents lying in the said sheriffdom within the barony of Olivercastell by annexa¬tion and that the deceased died last vest and seised of the same as of fee at faith and peace of our lord king and [Alexander] is of lawful age and the lands to be held in chief of our noble lord John Hay of Yeister as superior of the same for service customary on those lands and pertinents and that the said land, manor and mansion with pertinents is now in hands of the lord of Yeister as superior and was for the space of one year eight months last elapsed viz. from time of death of the said William and as a person of the said inquest reported in the common tongue “schir¬vit and [“fowet” ie. followed?] all the pounctis of the said brief [[at the] inquest of the said Alexander as nerest and laufull air of the said William of the saidis landis excepand alanerly that thai could nocht deliver nor retour at this tyme quhat valour yeirly the landis extendit to and var vorcht”. Alexander Lauder asked instrument done in the said courthouse around 1pm before sir John Michelhill, George Michelhill, nmaster Michael Scot in Aikvod, William Bell burgess in Pebillis, George Hay son and heir apparent of master George Hay, John Craufurd.

93.Janet Neutoun lady of Dalcoif 6 Nov 1539
Janet Neutoun heir of Dalcoif presented a precept of sasine written on parchment in style of chancery of the king under testimony of his great seal to James Newtoun her sheriff of Berwick in that part who handed it to the notary public to make public as follows: James by grace of God king of Scots commands the sheriff and bailies of Berwick also James Neutoun, John Ker conjunctly and severally, sheriffs of Berwick in that part to give sasine to Janet Neutoun heir of Dalcoiff or her attorney of all eight husbandlands of the lordship of Dalcoiff worth yearly 53 bolls of victuals extending yearly to 22 librates 20 penny¬lands which were [held] heritably by James Ker of Mersyngtoun and ought to be worth £391 3s 4d scots money on the same, recuperable by Janet and Adam Ker feuar of Schaw her spouse for his own interest and owed for execution of his office of valuer to our sheriff in that part for the feu, and by defect of moveable goods the said James is stringible for the said sum to the said Janet in tenor of an act of parliament and our letters made thereon directing the sale and assignation as contained fully in our charter to the said Janet. Given under testimony of the Great Seal at Edinburgh 25 Oct in the 27 year of the reign.
After which James Neuton bailie gave sasine of the said husband¬lands to Janet Neutoun in tenor of the precept and royal charter made thereon. Janet asked instrument.
[Great Seal 25 Oct 1539 narrates detailed account of the disposal of a moiety of eight husbandlands of Dalcoif].

94.William Vatsone in name and on part of the tenants of Askirk [“askirk” appears several times on the margins of the instrument] 14 Nov 1539
Margaret Fausid relict of the deceased Walter Scot in Askyr (sic) and Walter Scot his son and heir conjunctly and severally acknow¬ledged that they had received in full the interest of all the lands of Askyrk and Fallausid now being in hands of the tenants underwritten for their lifetimes. Firstly George Estoun 20 shil¬lings,William Vatsoun 15 shillings, John Vatsone 10 shillings, Robert Neulandes 20 shillings,Robert Neulandes younger 20 shil¬lings, Robert Archebauld 20 shillings, John Estoun 15 shillings, William Cavers 20 shillings, Peter Estoun 20 shillings, Robert Vogane 15 shillings, Simon Vogane 15 shillings, John Thomsone 15 shillings, Robert Brown 10 shillings, Robert Scot 15 shillings, George Reddail 20 shillings also wish the said subtenants to do their service as they are accustomed to do in tenor of the custom of the barony on every day and night in which they are called without delay and if they do not obey the said Margaret and Walter her son or their factors they should by their own confes¬sion be made to give them the said 8 shillings. William Vatsone on part of tenants asked instrument in house of Thomas Mynto around 4pm before Thomas Mynto, Andrew Brydin, Thomas Vilkesone, James Mynto.

95.William Scot burgess of Selkirk [appointed] procurator of William Chepman in Edinburgh 26 Nov 15[39]
Instrument narrating that John Chepman bailie in that part of James commendator of the monastery of Calco [and] John of the abbey of Lindores assistant and administrator of the same monast¬ery of Calco specially appointed by a precept of sasine written on parchment with their seal appended and the privy seal of the king sealed in red wax impressed on white and corroborated with their signs manual came to the lands of Prestoun and Cauldsheil¬lis with pertinents lying in the barony of Bowdon within the sheriffdom of Roxburgh and handed the said precept to the notary to read out as follows: James by divine permission perpetual commendator of the monastery of Calco, John abbot of Lin[dores] assistant and administrator of the said monastery and of the same (p/t) convent of the order of St. Benedict in the diocese of St. Andrews command John Chepman, James Brown and George Bay(p/t) conjunctly and severally our bailies in that part, with our unanimous consent gathered in chapter as use is in our monastery and after mature deliberation and referral to our most serene prince James V by grace of God king of Scots and with his consent authority and special licence in whom [resides] the use of our said monastery and augmentation of rentals of the same [by] decorum and policy of the state of the realm and the considera¬tion of acts of parliament thereon and by which we have given and granted,set in tack, rented and leased to William Chepman for his many favours and good deeds done for us and our said monastery and demitted in feu ferme or emphyteusum heritably to the said William all the lands of Prestoun and Cauldscheillis with loch of the same and pertinents lying in our barony of Bowden within the sheriffdom of Roxburgh as is contained fully in our charter made thereon , to give sasine of the said lands and loch to the said William or his rightful attorney in tenor of our charter which he has from us as of right and without delay and in this we commit our full power to you as our bailies specially constituted in that part. In testimony of which we append the common seal of our monastery and our sign manual and the seal of the said assis¬tant and his sign manual also the privy seal of the said prince our patron with his sign manual in sign of his consent and assent to the foregoing at Kelsoo 20 Nov 1539.
After which,the bailie gave sasine of the said lands to the said William. William Scot attorney as above asked instrument done at the principal messuages of the said lands one by one between the hours of 10 and 11 am before James Scot, James Keyne, John Brown, Walter (p/t), Robert Chepman, and sir David Scot [vicar pension¬ary of] Cavers.

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96. [This item originally a loose sheet]
“My lordis of cunsall wnto yow I humlie menis and schawis I your schervitor Martene Creichtoun of Craunstoun Riddaill That quhar dame Jonet Betonn relict to wmqhuile James Creichtoun of Cran¬stoun Riddaill was kendit and enterit to hir terce and thrid part all and sundry the lands of Catslak and Blakgranis eister mon¬tbergeir and wester montbergeir liand in the forrest of etrik and schireffdome of Selkirk and now I am enterit ane of the saidis landis to umqhuile James Creichtoun of Cransten Riddell my broder sone and albeit it be necessar to me qhuilk part fallis to the said dame Jonettis terce and thrid of the saidis landis swa that I may us my properte thairof at my plessour schir Niniane Brady chaiplane and notar to the kenning of the said Jonet to hir terce and thrid of the saidis land [hereon?] na vyss vill deliver me the copy hir instrument of ses and [without?] my ex[p]enss to the effectis forsaid without he be compellit to my hevy dampnaige and skayth Heirfoir I beseik yow I [sene?] the said schir Niniane is present in this toun that I may haif command to ane maister to require the said schir Niniane to geif and deliver to me upon my e[x]penss the attentik copy of the said instrument to the effect forsaid within viii horis nixt efter he be chargeit thairto or ellis thet he compeir befor yow [on] the morn and schaw ane rea¬sonabill caus quhy he suld nocht do the samyn with certificate to him and he failye I will dueltis chargeis [sinpli?] upon him to the effect forsaid at (p/t) I besik [text ends here]
[On reverse: 20 July (p/t) Do as asked “or ellis to compeir (p/t) monnerday.” Precentor of Glasgow . Provand Dympar.*
[*possibly Archibald Dunbar precentor of Glasgow c.1537-1539?).]

97. Robert Ker 29 Nov [1539]
Instrument of resignation and mortification narrating that Mark Ker in Kippelaw resigned in hands of the bailie John Mithag his two tenements with orchard thereto lying on the south of the said town with the tenement of James Brydin on the east, the lands of George Chepman on the south,the tenement annexed by the said Robert [Ker?] to the service of the Blessed Virgin Mary now in hands of sir Ninian Brydin on the west and the kings street called Volgait on the north and,in style of a mortification*, annexes, donates and mortifies the said tenements with orchard thereto and pertinents to the service care and ministry of the altar of the Holy Rood situate in the parish kirk of Selkirk to the profit use and sustentation of the venerable man [sir Adam] Ker then chaplain [and] the servants of the said altar. After which the bailie gave [sasine and] possession of the same to sir Adam Ker chaplain and three servants of the said altar of the Holy Rood by earth and stones. Adam asked instrument around 3pm before master William Ker rector of Auldroxburgh, James Borthuik, David Ker, William Hendersone, David Jonsone.
*Memorial clause referring to Robert Ker and Elisabeth Gledstanes omitted. This instrument relates to an earlier mortification D47.

98.Dunhoup
Same day sir Adam Ker servant of the said altar of Holy Rood with consent and assent of the venerable man Mark Ker founder of the said altar resigned in hands of the bailie the west part of the tenement with the gable “viz. the gavyll” of Thomas Vatsone on the east, the lands of George Chepman on the south, the tenement of sir Ninian Brydin chaplain of the Blessed Virgin Mary on the west and the kings street [on the north?] the which tenement contains (blank) ells in width at the fore side in favour of Walter Dunhoup, the said Walter and his heirs and assignees paying yearly to the king and his successors one penny burgh ferme and to the said sir Adam servant of the said altar of Holy Rood and his successors 13s4d in name of annualrent. Walter asked instrument before witnesses above.

99. Marion Dalgles 15 Dec 1539
Robert Scot in Howfurd of his own free will binds himself his heirs and assignees under pain of all his goods present and to come on account of a marriage contract that if it happens the said Robert [“concludere extremum” dies?] before the said Marion [then] the said Marion shall peacefully enjoy one third of the place called Howfurd. Marion Dalgless asked instrument around 10 am before Mark Ker, Adam [Dal]gless in Dewquhair, Robert Turn¬bull, James Dalgless.

100. Robert Scot and Marion Dalgless make contract of marriage between Walter Scot son of the said Robert and Elisabeth Dalgless daughter of the said Marion 5 Dec 1539
“It is finely compromitit betuex and irreuocabylly concordit [Robert] Scot in Howfurd in ane part for his sone and apparand [heir] Valter Scot and Mairyone Dalgless in to ane [tother] part for hir dowchter Elesabecht [in] forme and effect that efter followes that is to say the said Valter sone and ipperand air to the said Robert Scot of Howfurd sal god villing quhene he cummes to maturite and laufull aigis mary and haif to vyf Elesabecht Dalgless douchter to the said Mairyone Dalgless with barnes part of geir efter the tenor of hir faderis testament riply avyssit considerit and sene with Adam Dalgless of Dowcher George Scot in Blyndhaucht gudschiris to the saidis Valter and Elesabecht and for treitting and compleitting of the saidis mariaigis ather of the saidis Robert and Mairyone hess halding wp ther handis and ar oblyst that the failyeand sal pay to the party bydand at thir premissis ane houndrecht libras usuaill mony of scotland within 40 dais efter it be [notory knawing] all fraud and gyll dissait cavillacion secludit and ordines this contract to be extrakit in uberiore forma endenture geif neidbeis and ather of thair seilles to be put thair to befor thir vytness Mark Ker in Keppelawe, Adam Dalgless, Robert Turnbull, George Scot in Blyndhaucht, James Dalgless sone to the said Adam Dalgless. ”

101.George Scot of Blyndhaucht 5 Dec [1539]
George Scot showed that Robert Scot in Howfurd made a marriage contract in name of his son Walter Scot and heir apparent and the said Robert named the said Walter his lawful heir in that con¬tract. George asked instrument before witnesses above.

102.Adam Dalgless 5 [Dec 1539]
Adam Dalgless protested in presence of witnesses underwritten that the marriage contract between Walter Scot son and apparent heir of Robert Scot of Howfurd and Elisabeth Dalgless his neice should not turn to the heirs of the said Elisabeth in prejudice of her portion of goods if it befalls her to die before or after marriage or failing any heirs of her own. Adam asked instrument around 10am in the chamber of sir William Briden before above witnesses.

103. John Hawe uncle of John Hawe younger 11 Dec 1539
Walter Dunhoup [“obstrix” one who is firmly bound or obliged] acknowledged that he had received John Hawe son of the deceased James Hawe in his apprenticeship in this style as follows in common parlance “That the said Valter hes resavit Jhone Hawe in prentischip the x day of Julii in the yeir forsaid and suld continewe for all the dais and termes of [three] yeiris immediat¬ly thair efter the day of his entress in forsaid and efter the usche of the forsaid thre yeiris [that?] Jhone Hawe sal serff.”

104.Scot of Thirlstane [] Dec 1539
sir Andrew Duncan king’s chamberlain acknowledged he had received the ferme of a third part of the place called “Calkerrybank” [Cacrabank near Tushielaw?] viz. 45s from John Scot in name of (blank) Gledstanes his mother in the term of St. Andrew 1539 and acknowledged he was well paid for all the remaining terms for the third part of the said place. John Scot asked instrument in chamber of David Ker in Selkirk around 5pm before Mark Ker, Philip Scot William Dryhoup, Alexander Carmaig.

105.Crukschanke 12 December [1539]
Margaret Ker relict of the deceased William Keyne in Fulbrig of her own free will resigned all right and claim she has or will have in and to a husbandland called “Murisland” lying within “partingis of gaitis that passes to roxburgh one the norcht sid and melross one the norcht sid ” and the rest of the said land in ryndaill lies by turn in favour of her nephew Mungo Crukschankis for many deeds and favours done for her. Mungo asked instrument before witnesses William Ker (p/t), John Brown, John Doby, (p/t).

106.John Briden of the Well 20 December 1539

Marion Mynto relict of deceased Thomas Mynto with consent of James Mynto her son set in tack to John Brydin of the well all her part of “Ladyland” provided that the said Marion and James their heirs and assignees pay the said John Briden his heirs and assignees (p/t) usual scots money and after delivery of the said sum the said John shall peacefully enjoy one (p/t) for one year next after the payment of debt. John asked instrument in house of John Lumisdene before John Lumisdene, James Lumisdene, Thomas Lumisdene, John Brydin, Andrew Brydin, William Roger.

107.David Jonsone, Mungo Jonsone in joint agreement [20]Dec[1539] “The said David pure and simply quitclamet and our gaif all rycht [claim] stait saissing and possassione ony maner of vay [that he] hess or may haif in or to 6 shillings annuell mony [paid] be the said Mungo yeirly to be uptayne of [ane tenement] inhabeit be Jhone Brown [foir?] and be tenor of [this present instru]ment defiss that rycht maid and for compleitting [of the] samynne the said Mungo sal content and pay to David 32s [and?] 16s in hand and wyth 16s to be [paid] at the festis of vitsonday and mar¬tinmes to cum [15]40 yeris.” Before witnesses John Brydin, Andrew (p/t), (p/t) Brown.

108.Ker Ker David Bridin Janet Turnbull his [spouse] 2 Jan 1539/40 Instrument of sasine narrating that William Ker in Sanct Helyne Schaw and Adam Ker son and vested heir of the said William gave sasine of his tenement in Volgait on the south side of the kings street between the lands and tenement of John Bridin on the east and the lands of master John Chepman on the south, the lands and tenement of John Lumisdene on the west and the kings street called Volgait on the south (sic =north) in favour of David Brydin burgess of Selkirk and his spouse Janet Turnbull to which¬ever lives longer and their heirs begotten or to be begotten in tenor of the charter between the said [parties] made thereon and by delivery of earth and stones. David and Janet asked instru¬ment done near the front door [of the tenement] before John Lumidene, John Brown, Robert Smyth, [David?] Ker, David Jonsone.

109.Neuton Ker Ker Hoppringill 2 Jan 1539/40
Gilbert Ker in Prumsid loucht and Marion Hoppringill lady of conjunct fee of Maxwolheucht and mother of the same Gilbert conjunctly [and] severally in tenor of this present contract and instrument freely promised to [receive?] purchase and [annex “ad(i)xisti”?] a non-interest of 5 poundlands with pertinents lying in “Toun Yethame” before the feast of Whitsunday next after the date of this present from Janet Neuton lady of Dalcoif and her spouse Adam Ker and their heirs under pain of 300 merks scots money. Adam Ker asked instrument before witnesses underwritten in chapel of Grenheid around 5pm.
Same day William Ker in Sanct Helyneschaw and Adam Ker his son bind themselves conjunctly and severally to pay and give to Gil¬bert Ker and his mother Marion the sum of 40 merks scots money for damages, cofts [purchase] and expenses borne and made by the said Gilbert and Marion in [acquiring?] the non-interest of the said 5 poundlands before Whitsunday next after under pain of 300 merks. On completing which the said William and Adam renounce quitclaim and discharge all right and claim in future (p/t) Ralph Ker, Andrew Ker and Gilbert Ker from all intromissions and occu¬pations of the said [5] poundlands of “Tounyethame” and the said [asked instrument] in Grenheid chapel before (witnesses ille¬gible).

110.Dalgless and Murray [letter] of procuratory 22 Jan 1539/40 James Murray in Sondhoup layman of the diocese of Glasgow and Marion Dalgless daughter of Adam Dalgless in Doucher exponed that the same were decreed within the fourth grade of consanguinity because on this matter it is clearly known from worthy witnesses under oath before me notary underwritten serving in that part and is proven they wish to complete marriage [but] are only able to by the merciful dispensation of the apostolic see, so with unani¬mous consent and assent they make constitute and ordain the venerable men master John (blank) conjunctly and severally their true lawful and undoubted procurators actors factors and negotia¬tors of all the withinwritten deeds and ministries and to them entirely [give] their full power and special command in making their true pleas in their name personally to the venerable man master John Thorntoun* canon of Moray rector of Bernholme [Birnie in diocese of Moray or Benholm nr. KIncardine?] [commissary “commissarii”?] in that part specially deputed by the apostolic see on whatever days and places they are sitting and there with due haste and reverence obtaining the apostolic dispensation to contract a marriage between them in face of holy kirk (p/t) [despite?] their consanguinity in the fourth grade by [virtue and?] vigour of which apostolic letters asking the lord commis¬sionar [“commissaro”] to grant dispensation and (p/t) asking instrument to be raised as far as agreed and [hastening? “expe¬diendum?] and swearing on the soul of the said woman Marion Dalgless that to this [end?] she has not been forced or compelled and generally to carry out all other things in the foregoing connected or pertaining in whatever way and that the same make or cause to be made principals [ie. appointing a proxy] if they have personal interest in the foregoing in another form having a clause concerning [approval/authority? “ratum”] and with other clauses needful and required in the foregoing. James and Marion asked instrument.
*John Thorntoun precentor or chanter of Moray from Feb 1539/40.

111. Alexander Tait lord of Pirne procurator of sir [John] Bridin chaplain in Glasgow 27 Jan [1539/40]
Instrument of sasine narrating that [John] Mithag one of the bailies of Selkirk, at request of worthy burgesses at the inquest of the deceased sir John Bridin chaplain living in Selkirk and after consideration of the papers, instruments, evidents of the said sir John by the said inquisitors [in presence of?] sir William Bridin notary public vested [“riperierunt”] sir John Bridin [living?] in Glasgow nearest heir of the said deceased sir John, by giving sasine of the tenement of the deceased lying on the north side of the vennel called “Pelgait” with James Hawe on the east, the kings street called Pelgait on the [south] the workshop of James Helme on the west and the yard of [James] Chepman on the north to Alexander Tait [in name of sir John and his heirs and assignees] appointed by letters of proxy and in name of sir John Bridin chaplain living in the city of Glasgow. Alexander asked instrument done on ground of the said tenement around 1pm before William Mithag, William Turnbull,James Haw, David Mithag, Patrick Andersone, James Chepman, Robert Chepman, John Smyth burgesses.

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112.Louche (p/t) Feb 1539/40
Peter Portuus son of the deceased Giles Portuus and lawful heir of the deceased Robert Portuus burgesses of the said burgh re¬signed in hands of John Bridin bailie his tenement lying in the north side of Volgait with the tenement of David Mynto on the east, the kings street called Volgait on the south,the tenement of Andrew Davidsone on the west and the tenement of Gilbert Ker on the north in favour of Andrew Louche. Andrew Louche asked instrument done on ground of the same around 10am before Andrew Gylke, Henry Yong, Alexander Hawe, John Skune, John Maltman of Grenheid.

113. Portuis
Same day Helen Portuis spouse of James Skune alleged that the sasine given to Andrew Louche by bailie as above at instance of Peter Portuus her brother of the said tenement was not lawfully given and she had a part of the heritage of her brother and in sign of which Helen broke a dish near ground of the same on the west gable of the same [tenement] and on this asked instrument before above witnesses.

114. Louche procurator of the honourable man Gilbert Ker of Prumsidloucht 18 Feb 1539/40
Instrument of sasine narrating that Peter Portuus resigned in hands of [John] Bridin bailie all of the tenement underwritten, within or not an alienation made or not made by the said Peter, lying within the said burgh with the tenement of Thomas Barkar on the east and north reserving the common close by the house of the said Thomas Barkar for service of all the [tenement] and the yard of David Mynto and the tenement of (p/t) on the south and the place pertaining to the tenement (p/t) [on the west containing in length (blank) ells in width (blank) ells in favour of Andrew Louche procurator of Gilbert Ker appointed by letter [of proxy]. Gilbert Ker asked instrument around 2pm before Henry Yong, Alex¬ander Hawe [“Lauder” scored out], George Kyng, William Robesone, David Jonsone, Quintin Yong.

115. Andrew Elwauld bailie constituted by Margaret Haliburtoun and George Ker her spouse for his own interest 25 Feb 1539/40
Andrew Elwauld officer and bailie of Margaret Haliburtoun one of the ladies of the lordship of Dirltoun with consent of George Ker her spouse for his own interest came before Nicola Howme spouse of Patrick Hepburne master of Hailles for her interest lawfully warning her to remove herself, her spouse, their son and apparent heir Patrick, their servants and goods from her third of the barony of Boltoun with her third part of the mill thereto at the feast of Whitsunday next to come and the same intimated and showed that if Nicola occupied the said barony after the said feast she would be held in violent possession of the same. Andrew Elwauld asked instrument at the kirk of the carmelite friars at Hathintoun [Haddington -at Luffness?] done around (p/t)am before witnesses (p/t) Nicholsone, Walter (p/t).

116.Andrew Elwauld
Same day at 11 o’clock Andrew Elwauld bailie constituted to Margaret Haliburtoun came to the principal mansion or messuage of the barony of Boltoun and warned Patrick Hepburn master of Hales, Nicola Hwme his spouse, Patrick Hepburn their son and apparent heir, present near the door of the place of Boltoun, to remove themselves, their servants and their goods from the said third of the barony and mill of Boltoun by the feast of Whitsunday next to come and if they occupy the same after that date they will be held in violent possession of the same. Andrew asked instrument before above witnesses.

117.Elwauld
Same day in the fields of the barony of Boltoun came Andrew Elwauld to Patrick Hepburn in person and warned him in tenor of the same precept that if the said Patrick occupied the said third and mill after Whitsunday next to come he would be held in vio-lent possession of the same (illeg) in tenor of the underwritten precept. Andrew asked instrument before above witnesses and the men of the master of Halis.

118.Copy of the precept
“Margaret Haliburtoun one of the sisteris and ayris of the lord¬schip of Dirltoun and spous to George Ker in Faudonsid to my lovittis Andrew Elwauld Patrik Cossair (blank) my officiaris and schiriandis of the landis under vrytting be me with the consent of my said spous conjunctlie and soueraly specialy constitut gretting I chairgis you incontinent this my precept sene that ye or ony ane of yow pass to the thrid part of the landis of Boltoun and milne of the samyn pertenyng to me heretabylly lyand in the constabulary of Hadingtoun and schireffdom of edinburgh and laufully varne and chairgis Patrik Hepburn maister of Halis Nicholair Hume his spous Patrik Hepburn thair sone and air apper¬and and all utheris havand interes to remoif thaim selff thair tenentis schirvandis corne cattall and gudes of the ground of my said thrid part of the forsaid landes and milne at vitsonday next to cum efter the dait heir of swa that I and my tenentis may [pass] thairto and brouk and joy the samynne as my heretaigis and [on] the friday callit flytting friday next precedand the said fest that ye lay furcht ane chir or stull of the dwelling house of the saidis landis in taikning of thair eiection a[nd] vodins¬day next efter the said fest that ye remoif [them] thair tenentis and gudis of the ground of my saidis landis [and] input myne and my tenentis with certification to thaim and thai failye thairin that thai salbe haldin and reput as violent possessoris thairof in tyme cumyng and this one (p/t) a vyss ye leif undone as ye vill answer to me thairupone [the] quhilk to do I comitt to you coniunctlie and soveraly [my full] pouer be this my precept In vitnes heirof to the samynne I haif affixit my seill togidder with the seill and subscription of my said spous in taikinyng of his consent and assent to the premiss at Fawdonsid the xix day of februar the yeir of god [1539] yeiris befor thir vitnes Jhone Haliburntoun Villiam Hog David Davidsone and Bartholomew Cucht¬birts vith utheris divers.”

********* Peter read to here Thursday, 23 March 2000 **************

119.Hepburne
On which day Patrick Hepburne master of Halis asked a copy of the
precept from Andrew Elwauld officer and bailie constituted to the said lady and the said Andrew refused to give him a copy as it was not the custom in such things and Patrick asked instrument before underwritten. Same day Patrick protested to Andrew Elwauld that he should have sight of the seals of the said precept and the said Andrew refused and did not want to prove [to him] by sight of the seals. Patrick asked instrument before Henry Ni¬cholsone, Walter Haliburtoun, Patrick Coussar, John Sumberbell, John Brak, George Berthram.

120. James Neutoun procurator in name of Janet Neutoun 8 March 1539/40 James Neutoun procurator and bailie constituted to Janet Neutoun came personally to George Hanginsid living in the town of Calco and lawfully warned the said George to compear in the kirk of St. Giles in Edinburgh at the altar of the blessed (blank) on the 22 April next following to receive the sum of money contained in a reversion made by the deceased (blank) Hanginsid to James Neutoun and also to hear the points and articles of the said reversion fulfilled in all points by Janet Neutoun lady of Dal¬coif. James Neutoun asked instrument before John Jurdan, Richard Kirk, George Lam.
Same day, town and hour came James Neutoun officer as above personally to Marion Lermoucht and James Vaicho her spouse for his own interest [and warned them] to compear at the monastery of Calco on the 20 of April next following at the altar of St. Nicholas situate in the same to receive a sum of money contained in a reversion made and sealed by the deceased J[ohn?] Lermoucht to James Neutoun for the redemption of whatsoever lands lying in Lytill Neutoun (p/t) and also in a loud voice intimated that all having interest in the same to [compear] to hear the articles and points of the said reversion implemented by Janet Neutoun lady of Dalcoif . James asked instrument around 8am before witnesses above.
Also the said James Neutoun came to the mercat cross of the town of Calco and there three times proclaimed and warned the said Marion Lermoucht James Vaycho her spouse and all having interest in five merklands of Lytill Neutoun now occupied by George Symme to compear in the monastery of Calco at the altar of St. Nicholas to receive the sum of money contained in the reversion made and sealed by John Lermoucht to James Neutoun lord of Dalcoif and also to hear the articles implemented in the said reversion by the said Janet Neutoun lady of Dalcoif. James officer asked instrument before witnesses above near the mercat cross around 8[am] before Thomas Corsair, John Hendersone,sir Ralph, John Jurdan, Richard Kyrk.

121.Janet Neutoun lady of Dalcoif 8 March 1539/40
Janet Neutoun heir of Dalcoif gave a precept of sasine written on parchment in style of chancery of our supreme lord king under testimony of the great seal of the underwritten lands to James [Neutoun?] her sheriff of Berwick specially constituted in that part at the principal messuage of all the lands of the lordship of Dalcoif with pertinents lying in the sheriffdom of Berwick [in margin: the sum of 1000 merks and 50 merks for fee of those officiating for our lords of council “summa m mercatorum et l m[ercato]rum proscriptis feodis offi[ciario]ris per de d[omi]norum nostri consilii”] who passed it to the notary to read out in following tenor: James king of scots to the sheriff and bailies of Berwick also to James Neutoun and John Ker conjunctly and severally our bailies of Berwick in that part [greetings]* be it known that our lords of council were shown the supplication of Janet Neutoun lady of Dalcoif and Adam Ker feuar of Schaw her spouse for his own interest that James Ker of Mersingtoun had acquired the lands of Dalcoif for the said Janet for the sum of 1,000 merks and 50 merks for the fee for officiating the valua¬tion the which sum of 1000 merks the said James had recovered by a marriage contract by decreet of the said lords for the benefit of the said Janet and acquired sasine of the said lands as the process of valuation and infeofment made thereon purported and now by virtue of valuation done over the worth of the lands on account of a debt made on the said lands with pertinents by payment of the said sums specified in the said process he has redeemed [the same?] within seven years after the valuation thereon and fulfilled all points of an act of parliament and the said James has confessed to the said Janet the said lands [were] redeemed by him for her lawfully Moreover the said Janet has renounced discharged and alienated the same and promised to deliver all evidents of the valution of the same to him as an authentic instrument taken thereon purports and as is contained fully in her supplication Therefore we order and command you, on decision of the said lords, jointly and severally without delay to give sasine of the said valuation of the lands redeemed as in the foregoing with pertinents following the tenor of the said act of parliament made over the worth of the lands and the instrument of redemption produced before the said lords of council to Janet or her true attorney and to do this we commit to you our full power dated under testimony of the great seal at Edinburgh 21 Feb 1539[/40] and of our reign 27.
After which the sheriff in that part gave sasine of the lands of Dalcoif valued by James Ker by decreet of the lords of council to sum of 1000 merks and 50 merks for the officers stipend with pertinents to Janet Ker and her spouse Adam Ker for his own interest by earth and stones on ground of the same in tenor of the said precept and royal charter made thereon . Janet [and Adam] asked instruments on ground of the same around 11am before sir [John?] Neutoun, Thomas Vatsone, James Vilsone, James Thom¬sone, Thomas Coit, William Ker, John Ker in Dalcoif.

* there is a note at the bottom of this page, not related to the above instrument: “10 April John Syme (p/t) for the expenses of a letter of Marion Skune (p/t) witnesses John (illeg).”

122.Hoppringill bailie constituted in the name of Adam Dalgles 15 March [1539/40]
James Hoppringill younger bailie constituted to Adam Dalges of Deucher came to Marion Dalgles spouse to Robert Scot of Howfurd her servants, occupiers,intromittors of her goods to all her third part of the place of Deucher and lawfully warned them [to flit] on the feast of St.Helen or Whitsunday next to come intima¬ting that if they occupied the said third of the place of Deucher after the said feasts the said Marion and Robert would be reputed to hold the place by violent possession. James Hoppringill bailie by virtue of precept asked instrument in Houfurd around 3pm before Andrew Murray, Thomas Dalgles,Thomas Cuik, Robert Flecher, William Scot merchant.

123.Marion Dalgles
same day Marion Dalglesch humbly asked a copy of the precept from the bailie James Hoppringill and he said that it was not the use in such [cases] and he did not want to give [it]. Marion asked instrument before above witnesses.

124. A Mithag in Hartuodburn 21 March [1539/40]
” That day Alane Mithag of Hartvodburn come with ane commissioune fra schir Archebauld Ruther[furd] dene of Jed direcit to schir William Brydin vicar pensionar of Selkirk in tyme of hie mess askit hyme to resave his purgatiounne be tenor of the commis¬sioune as he is ane trew man dedly leid upone with ane woman callit Margaret Yong relict of umquhill Andrew Mcclane that quhair scho said opinly that the said Alane staw [blank] of hir youes and eit thaim a.d.1540 at lammas the said Alane soumont hir for sklaynder and convikit hir befor the said dene and brocht hay[m?] correctioune to the vicar in ane letter the quhilk scho vauld nocht underly and that ilk day the said Alane in tyme of hie mess before all the parochineris sweir upone the haly evan¬geill with divers frendis and nychtbouris undervritting that he is artless and partless quhort out sank (p/t) and innocently blasphemit of thai youes (p/t) art or part reid or consaill (p/t) of hir gudes and all uther mennes he names of the friends are (p/t) Chepman, Jok Smyth, Walter Dunhoup,
Thomas Elwand,(p/t),John Keyne, Voll Bridin, Mark Ker in Quhippe[law?], (p/t) Scot in Hartvodmiris, Walter Scot in Ed¬schawe, (illeg,), Fleicheir, Thome of Lauder, John of Chesolme, (p/t) Richertsone, David Todryk, James Hawe, (p/t), John Brown [“tor”?], Thomas Curror, Robert Jonsone, schir N[inian] Bridin, David Mithag, John Andersone with utheris (p/t),John Achesone, Voll Lokart his neighbours Thomas Me(p/t)”. Alan asked instru¬ment around 12 noon in the choir near the high altar in time of High Mass before sirs Alexander Gibsone, Andrew Duncan chaplains, master Michael Scot in Aikvod, John Clerk .

125.Scot in Hanyng 18 March 1539
Thomas Scot of Hanyng came to certain tenants underwritten and door by door warned them to flit from occupation of their lands of Est Hanyng and Vost Hanyng at Whitsunday or be reputed to hold the same by violent possession . Firstly James Scot, William Scot personally [appprehended] Ninian Bridin, John Brydin, Marion Notman, Margaret Scot and her daughter personally apprehended, Alexander Lauder, Thomas Morlawe, John Chepman. Witnesses sir Simon Schorteid, John Morton, Thomas D(p/t), Walter Scot.

126.Neutoune 2 April 1540
James [Neu]toun bailie constituted in name of Janet Nevtoun and Adam Ker came to George Syme, George Vodde[ll] and warned the same in Lytill Newton to flit the said lands inhabited by them in tenor of a precept before witnesses Robert Syme, Alexander Vilk¬insone, John Moressone in Gordane. Done around 10 am.
1 April 1540
James [Neuton?] bailie constituted to Janet Neutoun lady of Dalcoif and Adam Ker her spouse came to William Mowe and warned him to flit at Whitsunday next to come in tenor of the precept of the said Janet and Adam. James asked instrument around 2pm before John Weir , Patrick Tait (blank).
Same day James warned [William] Mow personally apprehended
[entry ends here].

127.James Keyne attorney of Alexander Lauder 1 April 1540
Instrument narrating that James Keyne burgess in Selkirk in the name of Alexander Lauder burgess in Edinburgh presented to the bailie Stephen Bell a precept of sasine under the red and white seal and sign manual of lord John Hay lord of Yester and baron of the barony of Olivercastell at the principal dwelling place of the tack of Todryk with manor and mansion thereto and with perti¬nents in the sheriffdom of Selkirk and now in the barony of Olivercastell by annexation, delivered as follows John lord Hay of Yester and baron of the barony of Olivercastell commands Stephen Bell and (blank) his bailies in that part to give sasine of the above lands of Todryk to Alexander Lauder or his attorney without delay because it has been clearly shown by a brieve of inquest of the King and that the deceased [William] Lauder burg¬ess of Edinburgh father of Alexander Lauder died last vest and seized of the said lands of Todryk with manor and mansion thereto and pertinents, that the said Alexander is lawful and nearest heir to the said deceased William his father of the said lands, he is of lawful age and the said lands are held of us in chief for services owed and customary as contained in a charter of the deceased father of the said John Hay lord of Yester to the de¬ceased Stephen father of the said William Lauder.o which John lord Hay appends his seal and sign manual at Edinburgh 30 March 1540 before [George?] Hay, John Smyth, John Gyffurd,(p/t)[sir John] Manderstoun* notary public.

“Subscriptio of Jhone lorde Hay of Yester.”
After which the bailie in that part gave sasine of the said lands of Todryk by earth and stones on ground of the same to James Keyne attorney to Alexander Lauder in tenor of the charter made thereon. James Keyne asked instrument or instruments around 4pm before William Frater, Thomas Hesloip, John Mure, Patrick Freir, Thomas Scot.
*sir John Manderstoun n.p. witness with sir John Hay of Yester at Stirling 30 Aug 1536 RGSS vol.III p.360(n).

128.Bell bailie constituted to Alexander Lauder 1 April 1540
Stephen Bell bailie constituted to Alexander Lauder came by virtue of a precept to a messuage of the place of Todryk and there in presence of Thomas Scot, William Frater (blank), warned Katherine Gray ,the said Thomas M(blank) to flit from the place of Todryk at Whitsunday next to come and if they occupy it longer the said Thomas, William, (blank) and Katherine Gray shall be reputed violent possessors of the same. Stephen Bell bailie asked instrument before witnesses in above instrument.

129.Scot in Todryk
same day Thomas Scot in Todryk warned his subtenants viz.(blank) to flit from the said place of Todryk at whitsunday by virtue of a precept and if they occupy longer be reputed violent possessors of the same. [Thomas Scot] asked instrument before witnesses [as above].

130 Adam Boill and Fairle “soluit per” 3 April [1540]
Instrument of sasine narrating that Simon Fairle resigned in hands of the bailie John Mithag his tenement lying on the west side of Fulbrigrawe with the king’s street on the east, the tenement of Thomas Jonsone on the south, the yard or close of Simon Fairle on the west and the tenement of George Chesholme on the north with consent of John Fairle elder and John Fairle younger his son and heir apparent and reserving free entry and exit from the close and tenement to the gate which leads to the Pelgait to the said Simon and John younger being immune from damage by law [“iure indampnes”] as is specially noted in the charter, in favour of Adam Boill. Adam asked instrument around 10am before James Scot, George Scot, William Portuus serjeant, Thomas Scot in Hanyng, John Broun [“cust[os?]” warden?].

131. Ker Doby 10 April 1540
William Ker life lord of St.Helyne Schawe and Adam Ker feuar in St. Helyne Schawe and heir of the same with consent of Janet Ker in St. Helyne Schaw resigned the west side of their tenement then occupied by Andrew Sanderson lying in the burgh of Selkirk with the tenement of John Downe on the east, the king’s street called Volgait on the south, the tenement of John Mynto on the west and the yard of George Chepman on the north and gave sasine of the said tenement to James Doby and Helen Doune his spouse, their heirs begotten and to be begotten and if the said Helen should outlive the said James she shall enjoy peacefully the north part of the tenement for her lifetime paying yearly 14 shillings in name of annualrent with “gyrst to thair myll”. James and Helen asked instrument done at 10 am before John Ainslie in Prestoun, William Laissinbe, John Scot [“obscrite” surety?], John Down butcher, John Bridin ,Robert Thomsone.

132.Good copy [“bona copia”] John Murray procurator in name of Janet Bo[rthwik] 24 April 1540
the honest pupils [“pupilli”] Peter, Adam, William and Walter Murray lawful sons of David Murray in Cranstoun with consent of their father, their lawful protector and curator, freely re¬nounced and discharged all right and title which they have or will have to “le soucht syd of Bowhill” within the sheriffdom of Selkirk and the ward of Ettrick Forrest by virtue of an assigna¬tion made to the same children of the said lands by Janet Borth¬wik their grandmother (and pertaining to Janet in life rent so that the children were excluded from having any right themselves to the same lands by the said assignation) in favour of the said Janet and put in hands of the same purely and simply. John Murray asked instrument at Philophauch around 1pm before Peter Dobsone,John Tait, George Brokas, James Patersone.

133.Patrick Coissair by virtue of a precept 14 April 1540
Patrick Coissair bailie to Margaret Haliburntoun came door by door throughout the barony of Boltoun and put out “le stress” [a stress stool] in sign of removing. Firstly at lower Boltoun in the house of William ([Thur?]rande a stool, from the house of George Yong [a stool?]; at the mill of [Boltoun?] from the house of John Quhit, Richard Quhitsone “ane creill” viz. a basket; from “Vallr(p/t)land” “ane firme” and “tre”; from Upper Bowtoun, they closed the door of Alexander Wilsone, from the house of Margaret Haw “ae quheill, they closed the door of John Downaldsone, from the house of Margaret Douglass [a stool?] (p/t) Thomas Nurll; from the place of Pilmur, from the house of Thomas Miltoun “[the?] heuchgernok”, from the house of William Bell a staff, John Palmure, John Gottry stools; [at] Bradvod and Bradvodsid, John Bartheram, John Robesone stools; the Wodheid, from the house of Archebauld Martyne a stool; Gallerawschawvoll, from the house of Thomas Voddell (illeg); Ingliss Feld, from the house of James Dikesone Ewinstoun, from (p/t) Singlar a stool, Robert Oyll, Adam Brown, James Andersone stools.
[Page cut and cancelled.]

134.Janet Neutoun Lady of Dalcoif and Adam Ker her spouse 20 [corrected to 15] April 1540
Marion Lermoucht [scored out “daughter of the deceased John Lermoucht] and heir of the deceased John Lermoucht her grandfa¬ther with consent of her spouse James Vaichtis acknowledged that she had received 100 merks usual scots money from Janet Neutoun lady of Dalcoif and from Adam Ker her spouse for his own interest on account of a redemption of two husbandlands lying in Lytill Neutoun in the constabulary of Lauderdaill and sheriffdom of Berwick now occupied by George Syme as follows in the vernacular “of the quhilk sowme of ane hondrecht merkis the said Mairyone Lermoncht with consent and assent of hir said husband granttis hir content assycht and thankfully out pait and the reversione fulfillit in all pounttis and renunces quitclames al rycht titill properte and possessione be auld chairtouris evidentis preceptis instrumentis of sasing and lettris of tak and all utheres evi¬denss that thai haif had hes or may haif ony maner of vay may get in tyme cumyng pertening to the saidis twa husbandlandis without revocationne for evir mair”. Janet and Adam asked instrument done in the monastery of Calco near the altar of St. Nicholas around 3pm before sirs Adam Ker, Alexander Gibsone chaplain, Richard Hayninsyd, James Neutoun , Robert Ker in Edinburgh, James Myll, George Ker of Lyntoun.

135.Patrick Cossair bailie to the worthy woman Margaret Haliburn¬toun 19 May 1540
Patrick Cossair bailie constituted to Margaret Haliburntoun one of the heirs of Dirltoun and lady of a third part of the lordship of the same [and the barony of Boltoun] in presence of witnesses underwritten came to the lands of “Evinstoune” [Ewinstoun] lying on the west of the lands of the barony of Boltoun and there placed 6 cows on the lands and possessed the same and straight¬away Thomas Singlar with three friends came and removed the six cows from the lands and bounds of “Ewanstoun” and showed that they should not remain there because he had [the lands] by right of his master the master of Halis.
Around the hours of nine and ten am the said bailie drove six cows at the places of “Gallarschawoll, Bradvodsyd, Braidvod” and “Ingliss feld” lying in the said barony on the south side of the same and took possession of the lands and straightaway Robert Arkin, John Symervell, Robert Bagbe, John Bartheram came in hos¬tile manner with arms and drove the said cows and the servants of the said lady from the bounds and places of the said barony. Patrick asked instrument before witnesses underwritten.
Then within the hours of 11 and 12 the said Patrick claimed the cows were driven to a place called (blank) from the fields and loaning gate [“arbigio”] from “Balanss” [Blance] and there in hostile manner came Robert Arkin, John Simerveill and Robert Bagbe with “Halbert hand up and ane lanss staiff” within the bounds of “Blanss in lonying gait” and cruelly assaulted the cows and threatened the said Patrick and other servants with words saying that they should not go that way [for] if [they did] they will all be hanged on the gibbet. Patrick asked instrument done around the hours of 10,11, and 12 before John Hallevoll (blank)
Arkin
Same day Robert Arkin servant of the master of Halis protested that whatever he had done for himself or as commissioner for his master by holding, recovering [or] expelling cattle or cows of dame Margaret Haliburntoun should not turn to his master or himself in prejudice because they did not want to impede anything in any way and most of all concerning the bounds of the barony of Boltoun and he openly showed that he wanted to [return?] whatever he was able from the bounds of the said barony . Robert asked instrument before Robert Bagbe, John Smervell [done] around 11 and 12 on the lands of “Blanss” near the loaning gate.

136.Scot of Thirlstane 19 May [1540]
“Symon Glendevin of Megdall and Dalgless crovnar [governor?] of Eskdaill granttis me with ane gud will to haif resavit Jhone Scot of Thirlstane tenand to me and hess put hyme in all and haill my landis of Dalgless lyand wnto Syntounne barony be annexatiounne and in the schireffdome of Selkirk for all the dais and termes of the said Jhone Scottis lyf tyme The said Jhone Scot payand yearly thair for the auld mail (blank) thankfully at twa usual termes in the yeir vitsonday and martinmess alanerly The said Symone expo¬nand vordis forsaid”. John Scot asked instrument in the house of James Bradfut around 3pm before Adam Dalgless of Dewchquhair,James Bradfut, Peter Moffat, John Hendersone of Dryhoup, George Chesholme, George Smyth.

137.Cranstoun of that ilk 19 May [1540]
Katherine Scot of Colinfurd acknowledged that she had received 100 merks scots from John Cranstoun of that ilk for the redemp¬tion of four of his husbandlands lying in Denholme and in tenor of this instrument quitclaims them to the said John and his heirs and assignees and discharges the same forever and renounces all evidents, precepts, instruments and charters from Janet, endorsed and falsely made to her, concerning the four husbandlands and she shall never hold any afterwards lawfully or unlawfully. John Cranstoun asked instrument before sir William Lidderdaill, John Michelhill, (illeg) Cranstoun chaplain, William Scot, Philip Venes.

138.Alexander Hesloup attorney for the worthy woman Margaret 4 May 1540 Instrument narrating that John Hesloop attorney and in name of James Creychtoun son and heir of the deceased James Creychtoune of Cranstoun Reddall specially constituted by author¬ity of a letter of the kings chapel handed a precept in style of chancery to Patrick Murray sheriff principal of Selkirk specially constituted to execute at the lands and forest places of Catslak with tower and fortalice, “ester and Voster Montbergear” and to “Blakgranis” with all their pertinents lying in the lordship of the forest of Etrik within the sheriffdom of Selkirk, as follows: James king of Scots commands his sheriff and bailies of Selkirk to give sasine of the above lands to James Creychtoun or his attorney because it is known from an inquest on royal command made by John Perduvin, treasurer, our sheriff of Selkirk special¬ly constituted in that part by royal commission [and] made and retoured at chancery that the deceased James Creychtoune of Cranstoun Reddall father of James Creychtoun died last vest and seized of all the above lands and forest places, that the said James Creychtoune is nearest and lawful heir of his said father to all the foresaid lands and places, that he is of lawful age and that the lands are held of us in chief taking security of £35 18s 4d from the fermes of the said lands of Catslak being in our hands from the term of Martinmas bypast with sasine not recovered and £143 13s 4d for double feu ferm of the same and £36 20[s][]d from the fermes of ester Montbergear being in our hands to the term of reckoning aforesaid and £144 6s 8d for double feu ferm on the lands aforesaid and £36 20d (sic) from the fermes of wester Montbergear being in our hands to the said term of reckoning and £144 6s 8d double feuferme on the same and also £35 18s 4d from the lands and place of Blakgranis in our hands in the term of reckoning above written and from £143 8s 4d for double feuferme on the same owed to us. Done at “Drumfreis” 15 April in the 27th year of the reign [1540].
After which the sheriff gave sasine of the said places and lands with pertinents to John Hesloup attorney as above, reserving a third of the same to Janet Betoun,in tenor of the said precept. John Heslehop asked instrument done on the ground of the said lands and places one by one between the hours of 2 and 3 pm before James Bukee, Alexander Buke, Thomas Hesloip, Gilbert Bruntoun, John Hesloup shearer [“sissore”] and John Baird speci¬ally called to the foregoing.

139.Alexander Hesloup attorney for Janet Betoun relict of the deceased James Creychtoune 4 May [1540]
Patrick Murray sheriff came to the lands of Catslak, easter and wester Montbergear and Blakgranis and there Alexander Hesloup attorney for Janet Betoun relict of the deceased James Creychtoun of Crenstounreddall asked the sheriff to cognize and enter him on her behalf to the terce of the said lands, in tenor of a breve of retour of the terce and he did so, entering the said attorney in name of Janet Betoun to a third part of the lands of Catslak with pertinents occupied by John Dodds and to a third of the lands of east and west Montbergear occupied by John Laidlaw and also a third of Blakgranis occupied by Thomas Hesleop. Alexander asked instrument done on the ground of the said lands one by one be¬tween 2 and 3 pm before James Buke, Alexander Buke, Thomas Hes¬leop, [Ro?]bert Bruntoun, John Hesloip shearer [“sissore”] and John [Baird].
Copy of Attorney Two copies of the letter of attorney given by James V king of scots naming the attorneys of Janet Betoun spouse of the deceased James Creychtoun of Cranstounreddall to represent her in all disputes and quarrels. The first is dated at Edin-burgh 12 Jan in the 27 year of the reign [1540] and names George Stewart, [John] Hesleop and Alexander Hesleop, their friends and acquaintances her attornies. The second is dated at Edinburgh 12 April in the 27 year of the reign [1540] and names as attornies Ninian Creychtoun, John Hesloip and Alexander Hesloip.

140.Mithag 27 May 1545
John Mithag one of the bailies of Selkirk by authority of our most excellent lord king (sic) and of the whole community of the burgh of Selkirk came before Patrick Murray of Peel [“de castro”], George Murray, Andrew Murray, John Brown servants of Patrick Murray sheriff of Selkirk and declared that the same should not collect the small customs and burgh fermes for them¬selves because the lords of counsel and the exchequer had set in tack to the community of the burgh of Selkirk the small customs and burgh fermes as they were accustomed to have formerly and to no others. John Mithag asked instrument done in the market place around 9am before Peter Dobsonne, Patrick Fleicher, Alexander Dalgless, Thomas Robertoune of Midlame.

141. Murraye
same day George Murray procurator for Patrick Murray discharged anyone or anybody to collect the customs or burgh fermes nor should [anyone] meddle with the same and [declared] his master and his servants are in peaceful possession and included within the terms and want to enjoy possession of the same until they are excluded by order of law. George asked instrument before Peter Dobsone, Patrick Fleicher, Alexander Dalgless, Thomas Rober¬tounne.

142.Mithag
on which day John Mithag caused to be read out an act of adjourn¬ment in the presence of George Murray, Patrick Murray [reciting] how the lords of council had decreed with one accord that the said customs and burgh fermes should be set in tack to the bai¬lies and community of Selkirk and by authority of the king and of the lords of council and by virtue of a decrete he discharged the same to meddle [no] further with the said customs and burgh fermes under penalty which he [will] reckon.

143.Brydin bailie
same day George Murray violently seized the balance and the weights from the tron and he openly declared that he did not want to hand them over (p/t) to carry [ie. weigh?] the butter or cheese until first they paid the customs. John Bridin bailie asked instrument before Thomas Ladlaw, George Mithag, Alexander Broun.
On which day around 3pm Andrew Murray, Andrew Caverhill, Andrew Murray [came] with his accomplices and brought sacks from these men Nicholas Cauik [or Cauile] in Smailhame, John Town, John Brown in Melestanes, (illeg) George Rannik in Redpeicht for seizing their customs unlawfully and by force. John Mithag asked instrument.
On which day John Brown claimed he was in possession of the customs and wanted to collect them.
On which day George Murray protested that [the detention?] of the wadsets for the customs should not turn to his master in preju¬dice and that he had received the same as he holds his master in possession of the same.

144.Skune and Ker jointly bound 28 May [no year given]
Instrument narrating that the venerable sirs Adam Ker and Thomas Skune were jointly bound to stand to the decrete of two arbitors Peter Moffat and John Smaill by touching the Holy Evangel without revocation howsoever they shall decree. John Smaill and Peter Moffat bind themselves to make their decree within twenty days from this. Adam and Thomas asked instrument before John Brydin, William Bridin, John Michelhill, David Jonsone.
[Rest of page blank and cancelled]
[The dating becomes a little irregular at this point although the original page numbers are in sequence.]

145. The Copy of a conducte to pass and repass
“Be it kend tyll all men by thir present lettres me Valter Ker of Cesfurd knycht vardan of the middill merches of scotland granttis me to haif giffin licens and saiff conducte to W. G. of S. In¬gliss man and twa servandis with him to pass and repass horss and futt within the bowndis of my vardenry with all leful merchan¬driss menyng the spaice of my office or quhill I dischairgis the samyn providing all wais the said William nor his servands do nor procuyr ony thing to be done hurt[ful?] or preiudiciall to our soverane ladies realme and leigis and for mair verificatioune of the samyn I haif subscrivit this my saiff conducte at Halidene with my hand the x day of July 1563.

146. Ewart and Trumbull 1 March 1539/40
Instrument of sasine narrating that William Trumbull resigned in hands of bailie John Mithag his tenement lying in Pelgait with the tenement of the said William on the east,the yard of John Wod on the south,the waste place of the tenement of Gilbert Ker on the west and the kings street called Pelgait on the south in favour of Janet Evart wife of the said William in conjunct fee and liferent, the said Janet paying after the death of the said William burgh ferme and an annualrent of 10 shillings to Gilbert Ker. Janet asked instrument done around 10 am before Robert Chepman, James Chepman, David Jonsone, William Portuis, Thomas Brydin.

[Next page blank and cancelled.]

147.Lidderdaill [cancelled space, no details given].

148. Scot Flecher 16 June [year not given]
Alexander Scot of Palis and William Flecher burgesses are con¬junctly bound to stand faithfully to a decrete of Thomas Graham and William chosen arbitors with consent of the said Alexander and William and failing agreement by the arbitors wish to bring the bailies and sir Ninian Brydin as superior men in the cause moved and whatsoever they decide the said Alexander and William will firmly stand to without revocation under penalty of all their goods now and to come. The said adversaries asked instru¬ment around 9am at the house of James Bridin before Robert Turn¬bull, James Bridin, sir Bartholomew Robesone, John Dwngall.

149.Thomsone 16 June 1540
Instrument of sasine narrating that John Trumbull of Hassinden¬bank resigned in hands of the bailie John Bridin his tenement lying on the south side of the kings street which leads to the cross with the tenement of George Lidderdaill on the east,the yards of master John Chepman and George Chepman on the south, the tenement of John Anguss on the west and the kings street on the north, with whatever lands and open fields specified in the charter made thereon, in favour of John Thomsone reserving the conjunct fee to his mother for her lifetime and paying yearly to our supreme lord king [blank] burgh ferme and to the said John and his heirs [blank] shillings. John asked instrument around 8am before George Lidderdaill, John Angus,James Scot, Thomas Barhous, John Scot, William Robesone.

150.Blaike on the part of George Hoppringill of [Torwodlee] 16 June 1540 “Robert Blaike hirde to ane honorabyll man Georgis Hoppringill of Torvodlee hes deliverit ane hondrecht lammes in steilboll to Barte Andresone and Adam Vatsone” under this form of words”the said Robert gaif thaim fyv lammes to the schoir for uphalding and ane lam ma amangis tham all the saidis Barte and Adam obliss thaim coniunctly and soverally and findis Jhone Smaill Thomas Hesloip burgess borrowes to the said Ro or Georgis his maister that thai sall deliver ane hondrecht outcumyng scheip agane quhenne thai ar cleppit And geif theiris inlak ony of thair awun proper gudes the saidis schawand merk and byrnne tham to pay utheris sufficient gudis in thair steid and geif the said Georgis or Ro be not contentit of thai utheris gudes than it salbe lefull to the said Barte and Adam to pay 4/6d every ane inlaikand to the saidis Georgis or his factoris for fulfilling of this premiss aye R Barte and Adam and borrowes hess uphalding thair handes.” Bartholomew , Adam and Robert asked instrument in the house of Thomas Hesloip around 10am before John Patersonne in Galschellis, William Valker, Andrew McCarrell.

151.David Mynto James Mynto 16 June 1545
Instrument of sasine narrating that David Mynto resigned in hands of the bailie the lower half of the east side of his tenement and yard lying on the north side of the vennel called Volgait with the tenement of John Mynto on the east, the kings street called “Voll gait” on the south, the rest of David Mynto’s tenement on the west and the tenement of Gilbert Ker on the north in favour of James Mynto second son of the said David paying yearly burgh ferme to the king and the customary annualrent to William Ker in Edinburgh. James asked instrument around 9am on ground of the same before Thomas Mynto, David Ra, sir John Turnbull, David Jonsone, James Doby.

152.Halbert Maxuoll in name and on part of Margaret Gray [and?] his spouse Katherine 5 July 1540
Halbert Maxwoll came before James Keyne son and heir of the deceased William Keyne and sir Ninian Bridin and discharged them, in the name of Katherine Gray his spouse, from occupation and manuring of the lands of Hanyng and of one husbandland called “Kenet land” which she was given as her third of the same and that they should obey the said Katherine or her factors and no others in time to come concerning the fermes of the said third part of the same. Halbert in name of the above asked instrument done near Fulbrig mire around 1pm before Alexander Gledstanis, James Cant, John Scot, sir George [blank] his chaplain.

153. Mithag bailie 21 July 1540
John Bridin John [Mithag] bailies for the time with all the community rode the north common and [entry ends here].

154.Dalglesch 11 August 1540
Adam Dalglesch in Deuchar showed in presence of witnesses that the chair [“cathedra”] which was placed on the Friday before the feast of Whitsunday preceding in name of “distres” of the house of Marion Dalglesch now spouse of Robert Scot of Howfurd was not put there [for that purpose] by anyone and it stands at the door as if it were placed. Adam asked instrument before master John Bruyss notary public and servant of our old queen Margaret, Alexander Hesloip,Thomas Hesloip, [blank] Clerk,Alexander Carmaig done around 9[am] .
There follows the goods, contents listed in the house of Marion Dalglesch
“Item in primis ane clois lokit met almery with gudis contenit in to quhilkis we knaw nocht ane caldron quhilk contenes four gal¬lones ane panne of thre quartes ane less panne ane mekyll pot of fyv quartes ane less pot of thre quartes twa pouder [pewter] plaittis twa pouer deiches ane tyne pynt ane chandlair irne speit with ane fut ane girdill with four feit ane veschel almery thre dublairis ane ark with certane meill thre f[irlot?] of estima¬ciounne ane lytill kyst ane quarter of gret quhit ane dry wair with malt in it ane tub with barkit ledder with certane dry bark and curnes of woll that is all broken extendis to iii quarters ane pair of auld hoiss Item ane stand bed in the spenss with twa blankattes ane pair of scheittis twa codes coverit ane (p/t) ane barnes kyrtill Item ane upp sek with bouster uther twa auld pair of scheittis ane covering chalander work thre auld plaidis ane pair of doubyll blankattis ane uther auld blankat ane kirtill of blak ane creill full of brokin woll viz half ane stane twa kyrnes ane wyth dry malt viz thre peks ane uther with mylk ane caissair for cheiss (p/t) chess thre hukis ane spounges ane pound of hardis (p/t)ane pair of auld cairdis ane pokit of ae agit vomanes with certane lynning and auld quhit / four ail peiggis ae sap peig fourtene less tubbis and mair fyv you [yew?] coigis four chessairis with ane ter kyt ane cruyk and ane pair of tangis twa [apes?] baikbredes half ane firlot of salt twa pair of schoune ae doubyll ane neu purss with twa silver rynges ane gylt twa rubbene beltis twa courchesses ane short curche and ane collair ane [pokat -scored out] paitlot of volnoss ane schappinne pair of sleiffes and not sevit [ie.sewn] Item ane uther pokat ane spinok of [volnoss -scored out] saitting thre courchess iii colleris ane schort courchess with ane snod of vorsat the thrid pokat ane collar of blak saitting ane lossyn serk ae pair of grene sleiffes viii ells of lynning ane pair of scheittis twa sleiffis of russat ane auld lossyn serk twa blak hattes with ane tibpat ae pair of blak houss with rubenes of blak ane kyrtaill of Ingliss brovn with ane silk laiss ane auld serk ane schort coit with vanes of velvot ane gown vanet with velvot of crenseid ane jak of plait twa lanss staiffes ane saddill clath sevin hankes of hardin yarne twa cleves twa auld scheip skynnes ane purss of the lassis with ane belt of vorsat ane burd with twa formes ane chir quhilk vas ane stressis of removing twa flaikes to ane boucht ane cok with twa hennes ane hen with xii burdis ane knokin trouncher of tre / twa quheillis twa yarne vonnettes ane paire of buttes ane auld tub with bark ane pair of schoune ane hoiss kayne(?) ane chess burd ane stull with ane roundaill ” these are the goods shown in place [before] Thomas Hesloip,Alexander Hesloip, Alexander Car¬maig officer of Wiliam Tait in Landhoup,, master John Bruss notary, David Clerk
Same day Adam Dalgless not personally present at the time of removing all the goods asked me Ninian Bridin and the witnesses and officers if, above all, the goods removed in [our] presence were those witnessed on wednesday [last?] week ad.1540 and it was truly acknowledged that all the said goods listed were, as a whole, removed from the house according to the tenor of the inventory. Adam asked instrument before witnesses above. Around the hour of twelve before witnesses the said Alexander Carmaig officer in that part of our old queen Margaret of scots, mother of our illustrious king James, and her spouse Henry lord of Mauffen [Methven] and by virtue of a precept under their seals removed the said goods before the said witnesses and asked in¬strument that the all goods were deposited.

155.Thomas Tailyer 13 Aug [1540] Thomas Mynto [and] William Turnbull “arbytouris chossin and deuly sworne to decreit in ane mater movit betvix Thomas Tailyer and Robert Schortreid anent lame hog woll The saidis deuly sworne ha[ffand] god befor ee decreitit deliverit and ordinet [Robert] (p/t) ay to content and pay to Thomas Tailyer ane stane of hog woll and 2 pounds of siclyk hogg woll as Jok Curror deliverit to Voll Vynterhoup or elss [pay?] within 15 or 20 dais.” Thomas asked instrument done around 3pm before James Chepman, James Cant, Mungo Jonsone.

156. Lauder Gledstanis with the consent of Marion Hay his spouse
15 August 1540
John Mithag one of the bailies of Selkirk came at the request of John Keyne procurator for Alexander Lauder and his wife Marion Hay to a tenement of Alexander and Marion concerning the infeft¬ment of a liferent on the same lying with pertinents on the west side of the burgh cross of Selkirk with the tenement of master John Chepman on the north, the parish kirkyard of Selkirk on the south ,the tenement of John Mithag on the west and the kings street on the east and also to a third of one acre of arable land lying within the bounds of the said burgh with the lands of the deceased John Turnbull on the east and the lands of the deceased Robert Scot on the north, the lands called Peilhill on the south and the lands of the deceased Matthew Glendevynne on the west and there on ground of the tenement by virtue of a letter of procura¬tory written on paper under the seals of the said Alexander and Marion the said John Keyne handed the notary the underwritten to read out and to make public as follows “Be it kend till all men be thir present lettres me Alexander Lauder burgess of Edinburgh wyth avyss and consent of my derrest spouss Marioun Hay coniunct¬fear of the land and tenement undervrytting to have maid consti-tut and ordanit and be thir present lettres makis constitutis and ordinis honorabyll men and my veilbelovittis Jhone Keyne Jhone Fairle Villiam Burne and ilkane of thaim coniunctly and soueraly my verray lauchtfull and undoutit procuratouris actouris fac-touris and speciall erand berares gevand grantand and committand to my saids procuratoris and ilkane of thaim coniunctly and soveraly my full planne pouer generall and speciall command express bidding and chairge for me in my nayme and wpone myne behalff to pass and resing purly and semply as us is within burgh all and haill my tenement of land backland and forland under and above with the pertinenciis lyand within the burgh of Selkirk lyand on the vost part of the mercat croice thairof betueix the landis of maister Jhone Chepman at the norcht the kirk yaird of the paroich kirk of the said burgh at the soucht the landis of Jhone Mithag at the vost the kingis streit at the est partes and alss the thrid part of ane aiker of land with pertinentis lyand within the fredome of the said burgh betueix the land of umquhill Robert Scot at the norcht the landis of Peilhill at the soucht and the landis of umquhill Matho Glendeuin at the vost partes in ane of the bailyes handis of the said burght of Selkirk for heretabyll stait possessioune and saising to be gevin and deli¬verit be the said bailie or bailyes thair of to ane honorabyll man Alexander Gledstanes burgess of the said burgh efter the tenor of the chairtor made be me with awyss of my said spouse to him and his ayris and assignais thairupone and efter the tenor forme and effect of the samyne and generally all and sundry uthair thingis to do exerte and use that to the office of procur¬atory in sic caiss of law or consuetud ar knawin to pertene and that I mycht doo thairin myselff and I var personally present ferme and stabyll hauldand and foir to hauld all and qhuatsumevir thingis my saidis procuratoris or ony of thaim coniunctly and soveraly in myne and my saidis spous nayme in the premiss rych¬tiusly leids to be done under the payne of all my gudes moveabyll and unmoveabill present and to cum In witness of the qlk thing to thir my lettres of procuratory subscrivit with my hand my seill is affixit to gidder with the seill and subscriptiounne of my said derrest spouss in singne of her consent and assent to the premiss at Edinburght the 13th day of august the yeir of god 1540 befor thir vitness Richert Gray maister Thomas Keyne James Keyne Jhone Brown Alexander Cokburn and schir Jhone Keyne chapellane with uthairis diverss.”
Alexander Lauder with my hand Mairyone Hay with my hand on the pen led by maister Thomas Keyne notar publick of my (p/t) command
Thomas Keyne notary public “manu sua propria (illeg)”
After which Alexander and Marion resigned the tenement and one third of an acre of arable land in hands of the bailie who gave sasine of the same to Alexander Gledstanes burgess of Selkirk. Alexander Gledstanis asked instrument done in the close of the said tenement around 10am before Thomas Hesloip, Patrick Freir, James Keyne, Robert Hawe, James Cant.

157.Instrument of Selkirk “pro re publica” *
In the name of God Amen by this present public instrument dated 11 October 1540 , in presence of me notary public and witnesses underwritten in the Head Court of the Burgh of Selkirk held in the Court House of the same, after the feast of St. Michael, by John Mithag, John Bridin then bailies of the same and by reason of the same charter and practice [“facultatis”] of the bailies and community of Selkirk and their successors given and granted by our supreme lord king under the great seal at St. Andrews the 2 October 1540 by which charter, practice and authority read out, made public and declared in common tongue by me notary public underwritten in the same court an election was held of provost and bailies of the said burgh, as was the use in former times by the discretion of worthy burgesses of the said burgh, and an inquest of the same and the said persons after they were elected by the inquest were sworn outside, inside and on entering the court house [“extra curiam remote et infra eandem et intrans mature desuper”] (illeg) John Mithag [was elected?] provost and James Scot and James Keyne bailies (illeg) within the burgh and freedom and bounds of the same following the tenor of the said charter and practice of the bailies and community of the said burgh granted as foresaid by our supreme lord king named and elected which election is by right and as use is in the burgh, the worthy man William Haw sheriff in that part by letters of our supreme lord king under his signet specially constituted to the within written produced the said letters of which tenor follows in this form “James be the graice of god king of scottis To our lovittis William Haw Jhonne Brown Villiam Burne our schireffis in that part coniunctlie and soveraly specialie constitut gretting forsameikill as it is humely menit and schawn to ws be our lovit¬tis burgess inhabitairis and commonite of our burgh of Selkirk that we for diverss racionabill causs and consideraciones moving ws hes gevin and grantit licence faculte and fredome to the saidis inhabitairis burgess and comonite and thairis successouris to cheiss and haw ane provest and baillies within our said burgh to minister iustice to thaim and all utheris dwelland within the fredome of the samyn and to that effect hess maid and constitut thaim and thairis successouris ouris schireffis in Selkirk within our said burgh liberte and fredome of the samynne for evir in tyme cumyng as the infeftment gevin to thaim thairupone proport¬tis quhairin our shireff principaill of Selkirk his deputtis and officiaris ar dischairgit of all calling atteiching summoning and persewing of the saidis burgesses inhabitairis and commonite and thairis successouris before our said schireff principaill his deputtis and at the instance of all personis and of all trubling inquietaciounne and perturbacionne of thaim and thairis succes¬souris thaim and thairis landis and gudes for quhatsumevir causs accionnes concerning thaim in tyme to cum and of thairis officies and iurisdictiones in that part and the saidis burgess inhabi¬tairis and comonite exemit thairfra for evir as saidis Our will is heirfor and we chairgis yow straitly and commandis that incon¬tinent thir ouris lettres sen ye pass and in our nayme and auto¬rite tak and resave the aythes of the saidis provest and bailies of our said burgh now chossin or to be chossine be the saidis burgesses inhabitairis and comonite for leill iust trew admin¬istraciounne to be maid be thaim and thairis successouris within the samynne to the inhabitairis thairof in all tyme cumyng con¬forme to the said infeftment for the causses abone vrytting according to iustice as ye wil anschir to ws thairupone the quhilk to do we commit to you coniunctlie and soveraly our full power be thir our lettres delivering thaim be you (illeg) execut and indorsat agane to the berar gevin under our signet at edin¬burght the vii day of october and of our regnne the xxviii yeiris.
“Ex deliberatione dominorum consilii”
After, William Haw sheriff in that part by reason of his office and under the command of the said letters admitted under corporal oath the said John James and James provost and bailies and sher¬iffs of the same by faithful administration of their offices by each touching the holy evangel of god following the tenor of the said letters and then the provost and bailies began a lawful court in the courthouse and they elected and nominated as their administrators and officers and affirmed me Ninian Bridin worthy scribe and clerk of the court, William Burn and William Portuis the mayors and serjeants and William Robesone adjudicator [“adiudicatorem”] and they each swore an oath on the holy evangel to faithfully administer their office and received oaths on the same. Then William Burn sheriff of our supreme lord king in that part specially constituted by precept of sasine under testimony of the great seal compeared in the said court and produced the said precept of sasine in his hands and handed it to me notary public to read out and make public and proclaim in common tongue as follows : James king of scots to Stephen Hendersonne, William Burn, Alexander Lauder, William Portuis and to them conjunctly and severally our sheriffs in that part greetings. because we have given and granted to our bailies and community of our burgh of Selkirk and their successor bailies and community present and to come full power practice and special licence for all time and to come to elect,have and hold a provost in that burgh yearly the which provost and bailies and their successors will be made by us and our successors our sheriffs of selkirk within the freedom and bounds of our burgh for ever and given full power to hold a sheriff court within the said burgh for the indwellers and inha¬bitants of the same and all others having interest assigning, [incoandi?] affirming holding and containing however much work there is pursuing, calling,amercing absentors, warning transgres¬sors, issuing amercements and escheats of the said courts ,sum¬moning, holding and applying and appointing to the use profit and commonwealth of our said burgh and policies and, if it arises, distraining, on account of which, we have given and granted to the said provost and bailies all fees and duties thereto, also we set in tack anew and demit to feuferme to them and their succes¬sors the burgh fermes and small customs of the said burgh for five pounds feuferme from them to us and our successors following the tenor of our exchequer of the rolls yearly paying therefore as contained fully in our letters made thereon We charge and order you give sasine to our said provost bailies or their right¬ful attornies of the office of sheriff of the burgh fermes and small customs with all fees, duties and priveleges pertaining in tenor of our letters which they have from us, as of right and without delay, and to do this we commit to you our full power under testimony of the great seal at St.Andrews 2 Oct 1540 and of our reign the 28th. After which William Burne sheriff in that part by virtue of his office gave sasine of the offices of pro¬vost, bailies and sheriffs within the freedom and bounds of the burgh by handing over a staff to the said John, James and James personally present and accepting in tenor of the charter and practices to them and their successors from our supreme lord king forever, and invested the same in office and priveleges of the same. And after the said sheriff in that part came to the west boundary of the said Court House and market cross also the common tron of the same and there in every street and at diverse times gave sasine of the said small customs of the said burgh by show¬ing one penny to John Mithag, James Keyne and James Scot person¬ally present and accepting for them and their successors in name of the whole community in tenor of the said charter and then the said sheriff in that part came to the houses, mansions and tene¬ments of John Chepman, John Brown, George Chepman, Lancelot Ker and one by one the other houses in the burgh and there on ground of each one gave sasine of the burgh fermes in turn by handing over one penny to the provost and bailies for them and their successors and invested them in them forever. John, James and John for themselves andf their successors and in name of all the community asked instrument done in the Court House,west boundary, market cross, tron and all the houses and tenements of the said burgh one by one and at diverse times between 8am and noon on the said day before David Jonsone, James Lauder, James Adamsone, John Curror, John Andersone, Andrew Brydin, Robert Scot and others.
“Q Brydin” Glory to god and King James V.

* This item appears in the Court Book of Selkirk in abbreviated form (part two p.219).

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158.Hoppringill 8 Oct 1540
Alexander Hoppringill of Quhittoun presented a precept of sasine, under seal of Walter Ker lord of Sesfurd, to James Hoppringill his bailie and brother german at the principal mansion of 40 shillinglands of old extent [in] “neyther hoc”[nether haugh] lying in the lordship of Cauertoun and sheriffdom of Roxburgh which narrates that Walter Ker of Sesfurd and superior of part of the lands of Cavertoun commands Robert Thomsone, Robert Ker, James Hoppringill his bailies to give sasine of the said 40 shillnglands in “Nethir Hoc”, without delay and in tenor of his charters and evidents, to Alexander Hoppringill because it has been shown that the deceased Robert Hoppringill father to Alexan¬der [Lauder scored out] Hoppringill died last vest and seised of all the said lands, that the said Alexander is lawful and nearest heir to the same deceased Robert his father and that he is of lawful age. Done, with seal and sign manual appended, at Halidene 16 May 1539 before witnesses George Ker in Faudonsid, James Ker of Farnile, George Riddaill in Lyntobank, master Thomas Ker in Sonderlandhall, [blank], Walter Ker of Sesfurd.
After which James Hoppringil bailie in that part gave sasine of all the said lands called “nethir hoc” with pertinents and manor and mansion thereto to Alexander Hoppringill in tenor of the precept. Alexander Hoppringill asked instrument done on the ground of the same near “le peill” before Robert Thomsone, Andrew Patersone, Thomas Patersone his son, John Fynlawe, Andrew Bennat.

159.Morlawe 25 October 1540
Thomas Scot feuar of [est blotted out] Hanyng gave sasine of an eighth part of his lands of “le est hanyng” with pertinents under the land and over, then occupied by James Mouss lying in “rin¬daill” by rotation, in favour of Thomas Morlawe. Thomas Morlawe asked instrument done over one of the crofts of the eighth part near the loch [Haining Loch] before Thomas Melross younger, James Watsone, William Swanne elder, David Dristair at around 11 am.

160. Adam Boill and William Turnbull 27 October 1540
Instrument of sasine narrating that William Turnbull burgess of Selkirk resigned in hands of the bailie John Scot his tenement fore and back with pertinents lying over “le Hallevolhill” with the king’s street called Pelgait and Fulbrig gait on the east and north, the tenement of John Wod on the south and the tenement of the said William Turnbull on the west in favour of Adam Boill, his heirs and assignees. Adam Boill asked instrument done on the ground of the same around 11am before George Scot of Blyndhauch, Simon Fairle, Alexander Gledstanes, John Brown, John Thomsone.

161.Hauden Swerde Saidlar Raithe and William Sai[dlar] conjunct agreement in this style as follows 27 October 1540
“It is frely com[promit] betuix the personis under vritting Robert Haudene in ane part and Thomas Swerd Thomas Saidlar Wil¬liam Saidlar and John Raithe in ane uther pairt in maner forme as efter followis that is to say the said Robert Haudene be tenor of thir presentis oblisses hyme his ayris ex[ecutors?] and assignais sa lang as he or thai may joiss and brouk the tak and the tends of Sonderland to the forsaid Thomas Swerd, Thomas Saidlar, Wil¬liam Saidlar and Jhone Raithe thairis ayris executouris and assignais payand yeirly thair for twenty fyv bollis of beir thankfully betueix candelmas and beltene and failyeing thairof this compromit to be of na strength nor effect and elykuyss the saidis Thomas William John and Thomas obliss thaim and thairis ayris never to sut gentill nor sempyll gret nor smawll be thaim or ony ane of thaim or utheris in thair naymes for the tak of the said tends at my hand thai obliss thaim and thairis ayris to renuns the said tak for evir and pay the said Robert Haudene and ayris xx bollis of beir for breaking of thir premiss and elyk wyss geif the said Robert Haudene and his ayris obschirues nocht thior premiss oblyss hyme to pay the forsaidis [blank] quhene ony of thir premisses ar brokin and opinly kend and in absens of William Saidlar Thomas Saidlar hes brother german obliss hyme evin as he vas persona ly present “. Robert asked instrument in his own right and the said Thomas, William, Thomas and John asked instruments done in the house of John Bridin around 2pm before John Bridin, Thomas Persone, John Robesone.

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162.Bridin Lumisdene 27 Oct 1540
James Keyne came at the request of John Mithag provost… [Text ends here. Rest of page and top of next page blank and cancelled.]

163. Adam Ker 17 Dec [1540]
George Symme declared in plain court that he went to Robert Lermontht in the burgh of Edinburgh and showed how Janet lady of Dalcoiff and Adam Ker her spouse for his own interest had sum¬moned them to a court held in the courthouse of Lauder before the sheriff or his depute of Berwick on the 15 day of December and the said George protested his master compeared at the said court and defended [them] in tenor of his letter of tack and the said words were heard and exponed in plain court. Adam asked instru¬ment before Robert Ker burgess in Edinburgh, Robert Hoppringill of Mercleucht, sir Adam Ker chaplain, George Wauchope done in the courthouse around 10am.

164. Wodderheid
George Vodderheid sheriff depute asked instrument that George Symme has renounced an act of court and did not want to ask the day (p/t) against his masters viz.Janet Newtoun and Adam Ker by (illeg) on account of the great malice shown and he wanted to stand at the will of the said Janet and Adam and whatsoever they will have done to him and the said George protested that these words should not turn to him in prejudice when he sought posses¬sion by vigour of his said letter of assedation from the said Robert Lermoncht. George Wodderheid asked [instrument].

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165.Bradfut on part of the whole inquest 10 December [1540?]
“that day James Bradfut exponeit in nayme of all the inquest and schow how the provest and bailyes set ane peremptour court to be haldin that instant day and proclame opinly at the mercat crois geif ony had causs crymnabill uponne James Brown quhilk is now lyand in the kingis graicess Irnes and specially the lord of the schaw for ane lytill crymme cum and persew hyme that ilk day for the said James suld thoill ane assiss in that ilk day in tyme of court caussit the schireff officiar to cry at the tolbucht dur and the mercat crois geif that ony vauld follow the said James and nayme perseuit hyme of na crymmes the causs vas small that he vas put in the kingis irnes for and the assis ordanit and deli¬verit that the said James suld be schurgit and mensirering the town and taking his long to the thronne and the said protessit that thairis deliverans vas nocht vilfull error nor turn thaim to na preiudice” [James] asked instrument in the courthouse before Ninian Bridin, Thomas Andress, John Anguss, James [Culene?].

166.Haliburtoun and Fairle 5 Jan 1540/41
A compromise made between William Haliburtoun of Gowgar on the one part and Simon Fairle burgess in Selkirk on the other on account of a contract of marriage between Margaret Haliburtoun daughter of the said William and John Fairle younger son of the said Simon as follows in the common tongue “It is finely compro¬mittit and irreuocabylly aggreit in maner forme and effect as efter followis That is to say Jhone Fairle yonger sone of the said Simon sal godwilling haif in to mariagis Margaret Halibur-toun douchter to the said Villiem the quhilk mariage sal god villing be compleitit one tysday efter sanct (p/t) day next to cum in faice of haly kyrk and for treitting compleitting of this mariagis the said Villiem obliss hyme his ayris executouris and assignais to content and pay Jhone of Fairle yonger four schoir of merkis usuaill money of scotland in this maner 20 libras at fastronevin [Shrove Tuesday] efter the mariagis the remaynent of this sowme to be pait thankfully without fraud betuix this and vitsonday next to cum ane yeir attour (p/t) Haliburtoun sone to the said Villiam oblyssis hyme with consent of his moder Katherin Habernaichte to pay 10 merkis to the said [Simon] Fairle betuix this and the last day of payment of [the said ] sowme for the quhilk Simon granttis that Jhone Fairle (p/t) is fear of his manss that lyes one soucht sid of pe (p/t) [after his] deceis with consent of his eldest bruther and makis hyme (p/t) his laufull assignay and ayr to the mans of cauldsc[heillis with] croft, kill and bern and the pertinenchis and sahappine [that if] the said Simon sell it nocht nor analies it in his l[ifetiome]”. Done in the house of Simon and the said John asked instrument before Walter Scot in Hanyng, James Helme, John McQuhatte.

167. Lidderdaill 14 Jan 1540/1
Instrument of cognition and sasine narrating that, after the deliberation of an inquest and viewing of authentic instruments of the deceased Elisabeth Tait heir of the deceased William Tait burgess of the said burgh, James Keyne bailie invested sasine of a heretable tenement with croft called “Taittis Hill” with the tenement of Gilbert Ker on the east, the tenement and yard of the heirs of the deceased James Scot on the south, the tenement of John Thomsone on the west and the kings street which leads to the mercat cross on the north, by rod and staff as is the custom in the burgh, in favour of the young man James Lydderdaill son and lawful heir to the deceased Elisabeth Tait.
Also the said bailie, after viewing and considering authentic evidents, gave sasine, by delivery of one penny, of an annual rent of four shillings uplifted yearly on the tenement of Andrew Davidsone lying in the said burgh on the south side of “volwynd” with the tenement of Andrew Louche on the east, the kings street called “vol wynd” on the south, the tenement of the heir of James Scot on the west and the tenement of Gilbert Ker on the north to the young man James Lidderdaill, true and known heir of the deceased. James Lidderdaill asked instrument done on the ground of the tenements and croft respectively at around 9am before Thomas Barkar, John Thomsone, Thomas Lidderdaill, John Buller¬uoll,William Portuus, William Bur[ne] serjeant.

168.Scot and Downe in joint agreement 30 Jan 1540/1
John Scot [and] his kinsmen made an agreement with James Downe, William Down [and] their kinsmen as follows “It is appountit contractit and finely concordit aggreit betuix thir twa parteis that is to say kynne and frendis of umquhill Valter Downe James Downe Jhone Downe James Downe sones to the said Valter Downe Jhone his brather William Downe his emme Jhone Downe Robert Downe and Jhone Downe flescher burgessis in Selkirk Dik of Chesholme George Chesholme Volle Chesholme of Pebyllis Volle Chesholme Quhithauch bray with vyf (illeg) remaynent of thairis four bran¬ches of the (illeg) downe upone that ane part and Jhone [Scot for the] slauchter of the said Valter Downe(illeg) in manner forme and effect as [ rest of instrument bound eleven pages out of sequence] efter followes That is to say that the said Jhone Scot sal cum in his lynning claythes in the paroiche kirk or kirkyaird of Selkirk and thair sal sit downe humely upone his kneis and offir his swerd as us is to James Downe as all the forsaidis kyne and[lya?] and ask thaim forgeffneis for god saik Secundlie the said Jhonne sall gang or causs to gang to all the four heid peilgrimaiges of Scotland Thridly he sal causs ane preistp[ray?] and say mess ane yeir for the said Valter In the k[irk?] quhair the banes restis Fourtly the said Jhonne sal content and pay to the vyf barnes brether kyne and frendis the sowme of xx merkis usuaill mony of scotland at four termes within the yeir efter the da[y] of the dait that the said Jhonne gettis his peice Fyfftly The said Jhonne salbe bownd and oblisses to keip ane trew afauld [sincere,faithful] part in all that he [can?] or may with the saidis brethers kynne frendis forsaidis aganes all men the kyngis graice excepit and for thir causs abone vritting maister Michaill Scot William Scot Robert Scot Walter Scot his sonnes Villiem Scot brother to the said Jhonne Gilbert Scot Thome Scot with the remaynent kynne and frendis sal do all thairis diligens and keip gud kyndness lelely and trewly to the [sa]idis (p/t) and sal never failye to thaim in n[oth]ingis th[ai] may do as thai vauld do to thair awin brethers . And for obschirving and keipinge of the premissis and every pount of the sammyne batht the said parteis ar content and bownde and oblist befor me notar publyk and vitness underuryting and for sower payment of the said xx merkis the said maister Michaill Scot and Villiem Scot ar bound and oblyst and sall fynd the persones under vrytting souerteis for detfull payment James Chesholme in Kershoup Villiam Rannik Jhonne Hog James Flecher.Master Michaill Scot in the name of Jhone Scot and James Dounne on the part of his family [“geneli¬gie”] asked instrument done in the close of George Michelhill living in the burgh of Selkirk around 3pm before Alexander Scot in Hairheid,sir David Scot vicar of Cavers, Robert Trunbull of Utralburne [Hutlerburn], Thomas Fergreiff, John Wilsone and others.

169. Mithag Provost and sheriff of the burgh of Selkirk 7 Feb 1540/1 Thomas Ker bound himself his heirs and executors to John [Mithag provost and] sheriff of the burgh of Selkirk [and] James [text returns to original page order here] Keyne bailie for that time under pain of 200 merks scots to the bringing in and deliv¬ery of Robert Oliver into sanctuary [“antrum”] in the courthouse of Selkirk safe and sound [“sanum et incolumem”] to the said John Mithag or his corporation on the (blank) day of March to be subject to the law of the sheriff of the burgh for his evil deeds viz. on account of bloodshed, disturbance of the realm in the king’s market and the mutilation of one hand of a woman and diverse other causes moved or to be moved . John Mithag asked instrument before the venerable sir Archibald Rutherfurd dean in Jedworth, George Jamsone, Thomas Elwauld, Alexander Gledstanes, John Vaich done in the house of Thomas Elwauld around 4pm.

170. Scot Murray Bellendene Vilsone in Bowhill 25 Feb 1540/1 “Villiem Scot Jhonne of Murray Jhonne Vilsone Johon of Bellendene of Vost Bowhill passit to George Murray schireff officiar th[at] had arrestit thir gudis and inquirit at hymme geif [he?] vauld tak conding [condign] borrowes for all thaires arrestit gudes quhilkes fand [found] maister Michaill Scot William Rannik George Michelhill Jhonne of Murray for thaim coniunctle and souerly that thairis gudes suld be furtht cumand and (p/t)ely all calumpnia¬ciones and the said Georgis grantit thereto.” William Scot, John of [Murray] John Wilsone John Bellenden asked instrument near the [close of] George Michelhill around 12 before Mungo Jonsone, Thomas Hendersone, James Mic[helhill or Mithag?], Simon Curror.

171. Oliver and Browne 3 March 1540/1
It was agreed between John Brown and Robert Oliver as follows “the said Jhonne Broune tailyour oblisses his ayris executouris and assignais be fath and troucht in his body never to persew Robert Oliver in iugisment nor by iugisment for the raklesly striking of hymme to effucionne of blud in the kings mercat within the burgh of Selkirk and granttis that he vas wrang to the said Robert and straik twyss at hyme with ane swerd or ever Robert straik at hyme for the quhilk he granttis hyme fullely assycht and plessit and be tenor of this instrument quitclames and dischairges the said Robert now and forever and obliss hyme in the straitest vay of obligacionne never he nor his ayris to persew me nor myne ayris in vytness of the qlk thing Robert Oliver” asked instrument in the chamber of James Bradfut around 1pm before George Haudene, James Turnbull in Philophaucht, Alex¬ander Scheill.

172. Elwauld 17 March 1540/1
Alexander Carmaig kings messenger by virtue of a royal letter came to the mercat cross of Selkirk and there in a loud and intelligible voice proclaimed the said royal letter and in tenor of the same assigned and delivered the wand of peace to (blank) Elwauld on behalf of William Elwauld, not present, in tenor of the royal letter as follows “James be the graice of god king of scottis to our schireff roxburgh and his deputtis and to our lovit Alexander Carmaig messenger our schireff in that part coniunctly and soveraly specialy constitut gretting forsameikill as Villiam Elwauld now beyng at our horn and put thairto for non entress befor our iustis or his deputtis in ane iustice court haldin at Kelsoo in the yeir of god 153[] to underly our lawes for certane crymmes and now the said Villiam hes fundin souerte to our iustice clerk he sal compeir befor the said iustice or his and underly our lawes for all crymmes that may be put to hymme the thrid day of our next iustice ayr of roxburgh or soonar quhen or quhair it sal pleiss ws upone 15 dais varning as act in our buk of our adiornaill maid therupone beiris. Our wil is heirfor and we chairge straitly and commandis [you] incontinet thir our lettres sen ye pass and in our nayme [and?] relax the said Wil¬liam Elwauld fra the process of the horne led wpone hyme for the causs abone wrytting r[eturn?] him to our peax and give him the vand thairof as ye vil answer to ws therupone The quhilk to do we comitt to you coniunctle and souerly our full pouer be thir our (p/t) delivering thaim be you dewly execut and indorsat [fra] me to the berar gevin under our signet at Edin[burgh] the 15 day of march and of our regne the 28 yeir.
On deliberation of the lords of council.

173.Chepman and Hendre 18 March 1540/1
Instrument of sasine narrating that George Chepman burgess of Selkirk resigned in hands of the bailie James Keyne his tenement lying near the mercat cross with the tenement of William Ker on the east, the tenement of John Chepman on the south, the bog descending on the west and the vennel called Kirkwynd on the west and the kings street leading to the mercat cross on the north in favour of Thomas Hendre his heirs and assignees paying yearly to the king and his successors (blank) and to George Chepman 40 shillings scots according to the form and tenor of his charter. Thomas asked instrument or instruments done on the ground of the same around 4pm before John Mithag provost of the said burgh, Alexander Gledstanes, Peter Moffat, Robert Vilsone in the forest, John Chepman.

174.Katherine Chepman
Same day,place and hour. Immediately after, Thomas Hendre burgess of the said burgh freely and from love of his spouse resigned in hands of the bailie his tenement lying near the said mercat cross with the tenement of William Ker on the east, the tenement of John Chepman on the south, the bog extending from the back of his house on the west and the vennel called Kirkwynd on the west at the front and the kings street near the mercat cross on the north in favour of Katherine Chepman his spouse, in conjunct fee and life rent. Katherine asked instrument before witnesses, above paying as above [see 175] in her conjunct fee.

175.George Chepman 18 March [1540/1]
Marion [Mouss?] spouse of George Chepman freely resigned in hands of the bailie her house inhabited by Janet [Tait?] on the east side of the fore house with close and barn on the east side of the tenement, which previously she had in conjunct fee, in favour of and out of sisterly love to Nicola Chepman her heir and to her spouse George Chepman. George asked instrument before witnesses above.

176. Lauder and Marion Hay his spouse John Giffurd their attor¬ney 2 April 1541
Alexander Lauder burgess of Edinburgh and John Giffurd attorney for Marion Hay his spouse came to the principal mansion or messu¬age of the place of Todrik with manor and mansion thereto and pertinents lying within the sheriffdom of Selkirk, now in the barony of Oliver castell by annexation, and presented a precept of sasine stamped with the red and white seals of the most potent lord John Hay lord of Yeister and baron of the barony of Oliver¬castell under the seal and subscription of the same to John Mur bailie specially constituted in that part which precept he re¬ceived and handed the notary to read out as follows: John Lord Hay of Yester and superior lord of the lands underwritten com¬mands John Giffurd, John Mur, Stephen Bell, conjunctly and sever¬ally his bailies in that part specially constituted, to give sasine to Alexander Lauder burgess of Edinburgh and Marion Hay his spouse and to whichever lives longer in conjunct fee and to their heirs lawfully begotten or failing that the nearest lawful heir, of all the lands of Todryk with manor and mansion thereto and pertinents ( lands which formerly belonged heretably to the said Alexander and concerning which he freely resigned, by staff and baton, in favour of the said Lord John Hay as his superior at Edinburgh all right and claim ownership and possession which he had, has or shall have to the lands from him and his heirs for ever as is contained fully in the charter made thereon), in testimony of which the seal and subscription of the said Lord John is appended at Edinburgh 6 March 1540 before master John Hay of Smeithfeild, George Hay John Greneschelles and Stephen Hender¬sone.
Subscription of Jhonne lord Hay of Yester
After which John Mur gave sasine of the said lands to the said Alexander and John Giffurd attorney for his wife Marion in tenor of their charter in conjunct fee and to whichever lives longer by earth and stones on ground of the same. Alexander Lauder and John Giffurd attorney for Marion Hay asked instrument or instru¬ments done on the said lands near the door of the said hall around 1pm before Thomas Scot, James Keyne burgess of Selkirk, Thomas Syntoun, George For[est?].

177. Thomas Coissar bailie to Margaret Haliburtoun 11 April 1541 Thomas Coissar officer and bailie of Margaret Haliburtoun one of the lords of the lordship of Dirletoun with consent and assent of her spouse George Ker for his own interest by virtue of a precept came to Patrick Hepburn master of Halis near the door of the place of Boltoun and warned the same and his spouse Nicola Howme and their son and heir Patrick Hepburn and all other occupiers of all that part of the barony and mill of [Bowtoun] belonging to the said Margaret to remove themselves,their servants and goods at the feast of Whitsunday next to come and in the absence of the others the said Patrick Hepburn, personally present, was given to understand that should they still occupy the said lands after Whitsunday next it would be by violent possession according to the tenor of the precept. Thomas Coissar bailie in that part asked instrument done near the door of the said place of Bowtoun around 9am before John (p/t) Richard Chesholme, (blank) Neutoun Patrick Hepburn asked for a copy of the precept and the said Thomas (p/t) and refused to give it and about this the said Patrick asked instrument that between the hours of 9 and 10 am the said bailie with witnesses underwritten had gone door by door through the said barony and warned all the subtenants to leave and flit from all that part of the said barony pertaining to the said lady at the feast of Whitsunday next to come . Finally the said Thomas bailie asked instrument.
The following is a copy of the precept
“Margaret Haliburtoun ane of the sisteris and ayris of the lord¬schip of Dirltounne and George Ker of Faudonsid my spouss for his interess to our lovittis Andro Elwand Patrick Coissar Thomas Coissur (blank) our schirjeandis officiaris of our landis under¬vritting in that part be ws be vertue of this our precept con¬iunctlie and soveraly specially constitut gretting we chairgis you and ilkane of yow that incontinent this our precept sen ye pass to the thrid part part of the landis and barony of Boltoun and millin of the samyn pertening to me the said Margaret in heretaigis and to me the said Georgis for myne entress lyand within the sheriffdome of Edinburgh and constabulary of Hading¬toun and lawfully varn and chairgis Patrick Hepburn maister of Halis Nycholais Howm his spous Patrick Hepburn thair sonne and apperand air and utheris occupiaris of the saidis landis and milling to remoiff thaim selffis thair tenandis schirvandis and gudes cornes and cattaill of the ground of the said thrid part of lands and millin forsaid at the fest of vitsonday next to cum efter the dait heirof swa that ws our tenandis and schirvandis may enter thairto and brouk and joiss the samyn as our heretaigis and upone friday (page damaged) pass to the houss of the [said] thrid part of the lands and [lay] furcht of the samyne ane stress chir or stull in sing [of] taking thairis lawfull actionne and upone vodinsday next following the saidis fest that ye pass againe to the saidis landis and remoiff the said personis thair tenandis and schirvandis and gudis of the samyn and imput me the said Margaret and my spouse forsaid for his entress our tenentis schirvandis and gudis thairupone with certificationne to thaim and thai remoif nocht thai salbe reput and hald in violent pos¬sessone of the said thrid part lands and millin in tyme to cum (p/t) persewit thairfor at our instance befor the lordis consaill as afferes and this one na vis ye leif ondone as ye vill answer to ws thairupone the quhilk to do we comitt to you coniunctlie and soveraly our ful pouer be this our precept deliverit and be you dewly execut and indorsat agane to ws in vitness of the quhilk thing to this our precept subscrivit with our handes our seillis ar affixit at faudonsyd on viii day of apprill the yeir of god ane thousand vc and xl yeiris [1540] befor the vitnesse schir Patrick Sandersone schir NInian Bridin Thomas Scot with utheris diverss”.

178. Hepburn
on which day Patrick Hepburn asked a copy of the precept. The bailie refused and asked instrument.

179. Patrick Murray 12 April [1541]
Patrick Murray of Fallawhill came to Mark Ker and there before witnesses underwritten warned the same to come on the eve of the feast of whitsunday to receive a sum of money as contained in one or more of his reversions for the redemption of his husbandlands. Patrick asked instrument done around 3pm in the chamber of David Ker before master Robert Ker vicar of Lyndene, sir John Michel¬hill, John Scot of Thirlstane, William Scot of Hartvodmyris, James Ker of Quhitmure, John Smyth, David Ker.

[The next entry has been cancelled]
180. David Scot 12 April 1541
Instrument of sasine narrating John Curror and Janet [Chep]man his spouse resigned in hands of the bailie James Scot a rig of arable land lying on the west boundary of the town with the lands of Thomas Jonsone called “Louch end” on the west, the kings street which leads to the loch on the north,the rigs of (blank) on the east and the bog on the south in favour of the venerable man sir David Scot and his heirs and assignees. Sir David asked instrument on ground of the same around one pm before Thomas Graham, William Swann, Thomas Melross, John Dristair. Memorandum that the said rig lies under a reversion extending to 50 shil¬lings so that after payment the said John shall have possession of the said rigs immediately on the 8th day of the month of June paid to Walter Curror in (illeg) and redeem the rig.

181.Fausid in Auldvork 27 April [1541]
Alexander Carmaig messenger of king James V and his mother, the old queen, presented a letter of assedation made and sealed by the said queen to John Fausid her [tenant?] of all the tenement and lands then occupied by Marion Velch and brought and delivered the same. John asked instrument before Alexander Carmaig, John Velche younger, James Velche, John (p/t) in Carterhaucht, John Murray in Auldvorke and diverse others called to the foregoing done near Marion’s door around 8 [am].

182. John Mithag Provost 30 april [1541]
James Scot openly declared in the kirk before the provost and other brother burgesses of the burgh of Selkirk that despite all the indwellers of the burgh taking out royal letters of lawbur¬rows and fearing their neighbours contained in the same on ac¬count of bodily harm I do not fear anyone nor do I want in any way that which [is in] the said letters. John Mithag provost asked instrument that the said James refused to do as the other brother burgesses did before Alexander Gledstanes, Stephen Hen¬dersone, John Brydin notary and others called to the foregoing.

183. Scot Ranyk 28 May [1541]
William Ranyk of his own free will in presence of witnesses confessed that he had accepted a portion of the place of Hartwod¬myris in assedation from William Scot for £5 usual money with mutual service owed. William Scot asked instrument done in the porch of the parish kirk of Selkirk around 11am before [John?] Baxtair, Robert Champnay.

184. Coissar bailie constituted 3 June 1541
Patrick Coissair bailie constituted to Margaret Hailburtoun one of the ladies of the lordship of Dirltoun and George Ker her spouse for his own interest came door by door to the [tenants?] of the barony of Bowtoun to put down “le stress” [before each in turn?] of the same belonging and pertaining to the said lady as follows “In primis the said Patrik Coissair bailye in that part passit to Vat[er?]stoun thair Robert Vilsone pleuman to Patrick Hepburn held to the dur and the said bailye lait furcht of his cloiss harrow bullis in taking of his removing and askit instru¬mentis Thomas Singlar held to his dur Adam Brown held to his dur Secundly the said bailye passit to Pilmur [Pilmuir] and thair Thome Myltoun clossit the durris Thridly he passit to Hay furd and out of Jhonne Trottayris hous he set ane chir Fowrtly he passit to nedder bowtoun [nether Bolton] and thair Richert Quhit millar George Yong Villiam Rande duris all clossit the Valkaris land clossit callit Jhone Bagbe Fyftly ever bowtoun [upper Bol¬ton] William Downaldsoune Elisabeth Dowlass Alexander Vilsone Margaret Howe Thome Nurll al thairis duris clossit Sextly to Inchcarnok John Gottre John Palmur duris clossit Sevintlie the murhouss [Bolton Muir house] occupiet vith (blank) clossit Aucht¬lie Braduod [Broadwood] George Bartrowm clossit dur Ninetlie Bradvodsid [Broadwoodside] Jhone Robesone clossit The 10th town callit Bradvodheid [Broadwoodhead] Archebauld Martyne clossit 11th Gallerschawoll Thome Voddell clossit 12th Inglisfeld James Bagbe clossit inglis furd James Diksone durris clossit.” Patrick Coissar asked instrument at each one, door by door, before Bar¬tholomew Cuthbertsone and Richard Chesholme.

185. Coissar Vodinsday in Vitsonday ouk 8 June [1541]
Patrick Cossair bailie constituted to Margaret Haliburtoun one of the ladies and heirs of the lordship of Dirltoun and lady of a third part of the barony of Boultoun, save a conjunct fee of dame Helen Schawe, in presence of witnesses came to the lands of Evinstounne [Ewinston] lying on the west part of Boutounne [Boltoun] and the same bailie put four cows on the ground of the same belonging to the said Margaret and possessed the same land for the space of one hour [then?] Robert Vilsone with two ser-vants came and removed them from the bounds of the place of Evin¬stoun and openly declared that they should not remain by command of his master. Patrick asked instrument done around 8am before witnesses below.
Secondly, the bailie possessed the lands of Pilmuir with the said four cows and straightaway they were removed from the bounds of the same. Thirdly he came to Inglissfurd and possessed the lands of the same and straightaway James Diksone came and removed them from his bounds and the bailie asked instrument.
Fourthly he came to Gallarschawoll and possessed the lands of the same and straightaway Thomas Voddail came and under orders of his master removed the cows from the same
Fifthly he came to Inchcarnok and possessed the lands of the same and staightaway John Gottre and John Palmer came and drove the cows from the lands.
Sixthly the said bailie possessed the lands of nedder boutoun with the said cows and possessed the said lands belonging to Margaret then Patrick Hepburn came in person with servants and appointed two of them to drive the cows from the barony and declared that they should not stay there because he did not know Margaret Haliburtoun had any divided part of the said barony [and that] they will not remain until her part was divided.
Seventhly the bailie came with three horses belonging to the said lady and George Ker her spouse and possessed a certain meadow near Hay Furd in the said barony lying within her part of the same and then Henry Mude, John Sinklar and three others under a precept of their master drove the horses from the bounds of the said meadow. The said [bailie?] asked instrument between the hours of eight nine and ten am one by one.

186 Loure in Cauldscheilis 14 June 1541
William Chepman bailie in that part to the venerable fathers in Christ James by divine permission commendator of the monastery of Kelso, John abbot of Lindores assistant and administrator of the same monastery specially constituted by their own precept of sasine written on parchment with their seals appended and corro¬borated with the privy seal of our lord king of red wax stamped on white and their subscriptions came to their lands of Cauld¬schelis with partinents lying in the barony of Bowdene and within the sheriffdom of Roxburgh and there put the said precept into the hands of me notary public to read out and make public as follows: James by divine permission perpetual commendator of the monastery of Calco, John abbot of Lindores assistant and admin-istrator of the same monastery and the convent of the same place of the order of saint Benedict in the diocese of St. Andrew command William Chepman (p/t) conjunctly and severally our bai¬lies in that part specially constituted to give sasine to James Lowre or his attorney, in gratitude for the many benefits [be¬stowed] on our monastery, of all the lands of Cauldschelis with loch and pertinents heretably as is contained fully in our char¬ter made thereon, because we have given, granted, set in tack and feued the said lands to him with the unanimous consent and assent of the same gathered in chapter according to the use of the said monastery and after mature deliberation also by applying to that most serene prince and our patron James V by grace of God king of Scots for his illustrious consent authority and special licence, [according] to the use of our monastery and augmentation of our rental, by contemplation of the statutes of parliament [concern¬ing] the decorum and policy of the state of the realm. In testimony of which the seal of the common chapter of the monast¬ery is appended with our signs manual and seals of office also the privy seal of our prince and patron and his sign manual in sign of his consent to the foregoing at the monastery of Calco 26 Nov 1540. After which the said William Chepman according to the precept gave sasine of the said lands of Cauldscheillis on ground of the same by earth and stones to James Lowre his heirs and assignees in tenor of the charter made thereon and noted in the precept of sasine. James Lowra asked instrument on ground of the same around 4pm before sir John Chepman, Thomas Mat[ho]sone, John Vaiche, John Michelsone, Robert Loure, Andrew Loure.

187.[page blank except for] witnesses Thomas Mathosone, John Vauche, sir John Chepman, (p/t), Robert Lowre, Andrew Loure and others.

188.John Crenstoun of that ilk 14 June 1541
John Cranstoun of that ilk asked George Michelhill if he had a measure of ale of David Frissaill or not and he acknowledged he had shown that the said measure of ale was placed in his house for safe keeping then John Crenstoun protested that the said George acknowledged receipt of the said ale and asked George who had delivered the said ale to him and George said that he did not recognize the one who delivered the ale and then in a loud voice John Cranstoun showed that his servants took [“caruit”] £40 of things in pennies and pennyworths from his house on the same night they took the said ale and he said that he wanted to indict [“dictare”] George Michelhill for art and part in receiving the said things received from his house by theft. John Cranstoun asked instrument done around noon in the courthouse before the provost and James Scot bailie , John Brown , John Smaill, (blank) Michelhill.

189.Mynto and Mynto
John Mynto son and heir to the deceased Thomas Mynto of his own free will assigned his yard formerly occupied by the deceased James Keyne and Thomas Mynto and faithfully promised in presence of witnesses that when he quits the said yard he will immediately give sasine to the said Thomas or his heirs, all fraud and guile excluded, also he promises he will alienate the rest of the tenement and the said will have (p/t) [and whomsoever else?]. The said [John?] asked instrument done in my chamber around 10am before Thomas Jonsone ,Thomas Bridin.

[Text out of sequence here. See 168,169.]

190 Robert Scot in Hartwodburne 16 June 1541 Walter Scot in Edschaw made constituted and solemnly ordained Robert Scot his brother german his lawful assignee and cessioner in and to one quarter of the place of Hartwodburne lying in ryndaill by open fields with pertinents for a term of five years after the feast of whitsunday viz. ad.1541 on account of the special favour which he has done. Robert Scot asked instrument in house of John Downe around 4pm before John Vaich, John Ker in Quhitmure, Walter Vaiche in Norcht Syntoun, William Chepman in Edinburgh, sir David Scot vicar of Cavers, William Hendersone.

191 Vatsonne 16 June 1541
the foresaid (p/t) acknowledged in presence of witnesses that John Vatsonne John Thomsone openly grazed their lambs which they had in safe keeping before the feast of St. Laurence the martyr and he acknowledged that John Scot in (p/t)stounne had shown this. John Vatsonne asked instrument near the (p/t) done around 4pm before Philip (p/t), (p/t)Quhatte, William Jonsone, Robert Neulands.

192.Gledstanes and Katherine Fairle 4 July 1541
Instrument of sasine narrating that Alexander Gledstanes burgess of the burgh of Selkirk resigned in hands of the bailie James Keyne a part of his tenement lying within the gate and kirkyard on the south side of the fore house also all of the west side of a tenement from the boundary of the Great Hall to the tenement of John Mithag with free ish and in to the fore gate and close with the kirkyard on the south, the tenement of John Mithag on the west, the tenement of M.J. [master John?] Chepman on the north and the street and the said Great Hall and fore house on the east [or north east? written “boriorientali”]in favour of Katherine Fairle his spouse in liferent and conjunct fee, the said Kather¬ine paying yearly on the death of her husband to Alexander Lauder his heirs and assignees 40 shillings scots money in name of annual rent. Done around 3pm on ground of the same before sir Thomas Skune chaplain, Simon Fairle, James Cant, Robert Smyth, Thomas Vynluff cooper, Thomas Melross and others.

193. Curror Chepman 19 July 1541
John Curror and Janet Chepman his spouse came to a croft of one quarter part of their [lands] of “le est hanyng” lying in the lordship of Ettrick Forest and within the [sheriffdom] of Selk¬irk, presented a precept of sasine under the seal of Thomas Scot of Hanyng to Robert Turnbull [his] deputed [bailie?] humbly requesting the same Robert to execute the said precept who passed it to the notary to read out. The precept narrates that Thomas Scot of Hanyng and chief lord of the lands of “est Hanyng” com¬mands William Chepman, Robert Turnbull conjunctly and severally his bailies in that part to give sasine without delay of a quar¬ter of the lands of Est Hanyng with pertinents lying in ryndaill to John Curror and his spouse in conjunct fee and to whichever lives longer and to their heirs begotten or to be begotten fail¬ing which the nearest lawful heirs of the said John or his attor¬nies because it is clearly established that the deceased Walter Curror burgess of Selkirk father of John Curror died last vest and seised as of fee at peace and faith of our lord king of all the said lands and that the said John is lawful and nearest heir of the said deceased Walter and is of lawful age and that the said land is held in chief for a service of blenchferme as is contained fully in a charter and evidents made thereon,in testim¬ony the seal and sign of Thomas Scot is appended at [text ends here. Page missing?.]
[“Cast our twa [leiffis?] and buk Selkirk” appears at the bottom of the page.]

194.”Copia (p/t)” “Constitut a b c tenentis of the landes etc. within the schireffdome of Leune comperit or coactit of thair awin fre villis hes maid and constitut be tenor of thir presentis instrumentis makis constitutes and ordines honorabyll men a d B etc. thairis verray laufull undoutit and irreuocabill cessio¬nairis and assignais of the saidis tenandis in and to the gudes undervrytting and proffettis thairof maisterfully reft spulzeit takin and withhaldin fra thaim be de E or A f g furtht of the saides puir tenentis malinges and duelling places of the landes forsaides in the moneth of J the yeir of god etc.That is to say fra the said A 20 ky and etc and safurtht of the remaynent of the tenentis and put ay his [cadis?] followand his nayme [blank] And that for certane sowmes of mony profettes and plesouris gevin and done to the saidis tenetis be the saidis A de B etc and his collectis forsaidis of the quhilkis (illeg) the saidis tenentis haldis thaim veill content and pait gevant granttand and trans¬ferrand fra the saids tenentes thairis airis [executors?] and all utheris thairis assignais the saidis gudes with the haill prices and profettis thairof with all richt titill interess and clayme of rycht quhilkes thai haif had hes or mai haif thairto in and to the saidis V N and D and thairis ayris the saidis tenentis alla¬nerly cessionaris and assignais forsaidis to be peciabylly follo¬wet cravit resavit broukit and joisset and disponit be thaim siclyk and alss frely in all thingis and the said tenentis mai haif downe befor the makin of this thairis assignacioune no quhar schireffdome quhat barony.”

195.”Copia (illeg) K.Re of the umquhill Wlc of O (p/t) of the landes of todrik with the pertinenchis lyand in the sheriffdome of Selkirk to my lovittis William Alexander and Thomas my offi¬ciaris and seriandis in that part coniunctlie and soueraly my saidis (illeg) lands specialy constitut be this my precept chairge you or ony ane of you that beis requirit heirw[ith] to pass to the saidis lands of toddrik and laufuly varne and chair¬gis George Lauder Richert Lau[der] occupiaris thairof to flyt and remove thaim thair schirvandis and (illeg) guddis at the terme of vytsonday next to cum and upone friday befor the said fest of vitsonday callit flytting friday that ye pass to the saidis landes [and lay] furtht the saidis distress furtht of the houss thairof in sing of removing And upone vodnesday of vitsonday ouk that ye pass to the saidis landis and thair remoiff and put of the saidis gudis of the samyn landes and haulden thaim of and put one my gudes one the samyn landis and haulden thaim one or ony utheris haffand pouer of me thairto as ye vill answer to me therupone The quhilk to do I commit to you coniunctlie and souer-ly my full pouer be this my precept subscribit with my hand my signet is to affix at edinburgh the ferd [4th] day of marche in the yeir of god ane thousand vcxxxvii yeiris [1537] befor the vytness Jhone Bridin, schir William Gray [“de (p/t)ferry”], Jhone Chalmer, George Robesone in (illeg).
The deliverans of Katherin Lauders [heir?]schip anno domini 1538 to Thome Scot in Todrik
Item thair is thre schoir and four mylk yowes and xi kewis mylk
Item thair is xiii yeild yowes
Item thair is xliiii auld vodderis p[air]t fyv p[air]t four yeres Item xix twa yeiris auld vodderis
Item thair is outcumet scheip___ fyfty and ane
Ita est Ninianus Bridin notarius.
Copia indorsure unius preceptus
“The v day of marche in the yeir of god ane thousand vcxxxvii yeiris I V C officiar to ane nobill passit at the command of this precept vithin vryttin to the saidis landes of Thodryk to the said N at saidis and thair I varnit G.L. Richert L. personaly apprehendit or at thairis dwelling placess (illeg) haffand inter¬ess thairto to remoiff and flyt thaim thair selffis thair gudes fra the saidis steiding and la[ndes] callit T[odryk] and this I did befor the vytness schir L and for the mair securite I put to my signet.
Receptio [willie]llmi Lauder in Todryk xxv mensis maii ad 153[8?] Item thair is fyfty and twa melk yowes and thretty y[eld] yowes(illeg) thaim and ii yowes (illeg)
Item thair is thretty and sevin outcumet hogs
Item thair is that tyme (illeg) fourty brynt lames
Item thair is xxiii [voddris] that ar awld and twa auld tuppis
Item thair is twenty and ane of wonter scheip
Item the gud vyf deliverit to you sen (illeg) aucht mylk yowes and Jhone sais (illeg) lammes brynt thair
The sowm of the lammes is 4 score in lammes
The sowm of the auld scheip is 8 score and 5 scheip
Item thair is xiii oxin and ix ky and iiii stirkis
Item four scheip stind[?] fra [?etrik].
[Next part written at right angles to main text] (illeg) James Keyne iii pounds and ii pence.
Item fra M. Jhone Chepman and George Chepman xxx shillings.
Item fra [Jhone?] of Forest viii shillings and (illeg)
Item fra Jhone Caidzou xxvi shilling of male lames [?] xxi shil¬lings Item Besse Melross in termes maill xxi shillings and iii pounds fra schir Symont.”

196.Louche Bridin 25 July 1541
On the day which Andrew Louche faithfully promised to solemnize [marriage] to Margaret Bridin daughter of John Bridin the said John Bridin paid the said Andrew his kinsman 3 score merks scots money and 40 of the same to him without fraud or guile and twenty merks if the said John wills and immediately on payment of the 40 merks the said Andrew of his own free will resigned his tenement in favour of the said Margaret in life rent lying in the burgh of Selkirk with the tenement of John Lumisden on the east and the tenement of John Downe on the west and the kings street which leads to the Pelgait on the south and the yards of Robert Thom¬sone , Thomas Mynto on the north and the said John promised the said Andrew that if he had no male heirs the said Margaret should have the said tenement with croft which he holds of Melross and they asked instruments in the house of [Mark?] Brown before witnesses William Famyltounne, John Michelhill, John Houassonne, Quintin Yong, James Lauder.
[Cartouche of pointing hand in margin]

197. 25 July 1541
William Familtounne came to James Douglas of Cavers sheriff of Roxburgh with a royal [?precept] and asked a reply to the same and the said James humbly received the said precept and wanted to disobey [“obadire”] him and openly showed that he did not want to discharge the said precept to him concerning [a sum of money?] before the lords of [?chancery] meanwhile he asked an obligation from [a baron?] or the lord superior of (blank) for [his relief?] and warranty and he openly showed that he did not want to deliver the [horses valued “equos appreciatos”?]. William asked instru¬ment done in the porch of Cavers around 11 am before William Douglas, George Turnbull de Berne Hillis, sir John Voddaill chaplain, Thomas Vat[sone], sir James Youllis.

198.Patrick Murray in Philophaucht attorney for the most powerful lord Malcolm lord of Fleming.
Copy of attorney by letters patent given at Edinburgh 19 July
[1541] narrating that James king of scots accepts as attorney to Malcolm lord Fleming Patrick Murray and any others named by him to act on his behalf when required and reciting precept of sasine as follows 1 Aug 1541 Patrick Murray in Philophauch attorney to Malcolm lord Flemyng came to the principal mansion or messuage of half of the lands and place of Sonderland with tower, fortalice and mill thereto with pertinents lying within the sheriffdom of Selkirk which the deceased William Cokburne of Henderland held heritably and latterly of the king in his minority and was to have been given and granted heretably to the deceased James Flemyng brother of our cousin and then a precept of sasine was presented and delivered sealed with the white wax of the Great Seal of our lord King James the V to Adam Murray his bailie constituted in that part who handed it to the notary to read out as follows: James by grace of God King of Scots to his sheriffs and bailies of Selkirk also our said Adam Murray (blank) and to them conjunctly and severally our sheriffs in that part greetings because we have given and granted heretably to our cousin Malcolm lord Flemyng for his good faith and gracious services one half of the lands of Sunderland with tower, fortalice and mills (sic) and pertinents thereto lying in the sheriffdom of Selkirk which previously belonged heretably to the deceased William Cokburne of Henderland and was taken away rightfully on account of several acts of treason and crimes against the crown and afterwards in our minority was to have been given and granted heritably to the deceased James Flemyng brother of our said cousin and because the said gift was made as above during our minority we, on account of our lawful and perfect estate, revoke all authentic instruments taken thereon purporting to this matter and so the said land shall continue in our hands as is fully contained in our revoca¬tion in these presents and charter made thereon, now we command and charge you give sasine of the said lands of Sunderland with tower, fortalice and mill thereto with pertinents to Malcolm lord Flemyng or his rightful attorney in tenor of our charter made thereon to be held of us as of right and done without delay ,the which to do we commit to you conjunctly and severally our full power. Dated under testimony of the great seal at Striueling 18 June 1541 .
After which the bailie gave sasine of the said lands to Patrick Murray attorney to Malcolm lord Flemyng by earth and stones on ground of the same in tenor of the precept and charter. Patrick asked instrument done within the close [or enclosure?] of Sunder¬landhall near the “Peill” around 1pm before master Thomas Ker, sir John Michelhill chaplain, John Mortoun, James Cambrell, Andrew Scot, John Dunlop, Alexander Dalgless in Philophauch.

199 Adam Murray on part of Patrick Murray sheriff 10 Aug 1541
Adam Murray servant of the sheriff of Selkirk openly showed in presence of witnesses underwritten that James Scot one of the bailies of Selkirk came to him with certain burgesses to threaten him when he was gathering “schireffis gluffis” in the mercat of St. Laurence and discharged him from gathering further and took two small boards (or tables) [“mensulas”] from his hands and testified that he was expelled by force and that it should not turn to his prejudice . Adam Murray asked instrument around 10 am in front of the door of Robert Ker before Thomas Murray , Patrick Cuthbertsone, David Todryk.

200.Scot bailie 10 August [1541]
James Scot one of the bailies of Selkirk plainly and in loud voice showed that there was no injury or damage done to Patrick Murray sheriff or his servants concerning the collection and receiving by him of the minor customs and “schireff gluffis” at the said market of St. Laurence and the same did not belong to him but to [the burgh] by gift of King James V and also on a decret of the lords of council as is contained fully in the royal charter and charter of confirmation of the same. Therefore he did no damage to any other.James asked instrument before witnesses John Scot, Thomas Heslop, William Burne.

201. John Mynto younger son of David Mynto 11 August 1541
James Scot one of the bailies of Selkirk came at the request of David Mynto burgess of the said burgh to the west part of a tenement lying in the Volgait with the rest of the tenement of the said David on the east, the kings street called “Vol vynd” on the south, the tenement of Andrew Louche on the west and the tenement of Gilbert Ker of Prumsydloucht on the north and there on the ground of the same the said David freely and for love of his first born resigned the west part of the tenement with yard in hands of the bailie by earth and stones who gave sasine of the same west half of the tenement to the young man John Mynto son and lawful heir of the said David personally present and accept¬ing and to his heirs and assignees save. John Mynto asked one or more [instruments] around 9am near the front door before Thomas Mynto, John Notman, Mungo Jonsone, William Landrecht, John Thom¬sone and others the said John and his heirs paying yearly three (blank) to our supreme lord [king] as burgh ferme and 6s 8d to William Ker his heirs and assignees.

202 Flecher Scot 25 August [1541]
Instrument narrating that Alexander Scot of Paless, when William Flecher had delivered, counted [and] weighed gold in sum of £19 and wanted [it] to be delivered to the said Alexander according to a decret of arbitors [concerning?] the sasine of the said tenement recovered earlier, the said Alexander alleged that William Flecher faithfully promised him 19 gold coins viz.”xix crounes of the sonne” before Thomas Graham and Margaret Scott his spouse and if otherwise the said William should measure again to prove it to them and instantly the said William went to Thomas Graham and his spouse and in presence of notary and witnesses they swore that William promised Alexander £19 usual scots money for his tenement. William asked instrument around 3pm in the chamber of sir N[inian] B[rydin] before John Smaill, Adam Quhit¬sonne, John Scot surety [“obscrite”] and others.

203 Chesholme 26 August 1541
James Scot one of the bailies of Selkirk after viewing, making public and reading out of evidents and instruments of the de¬ceased John Chesholme heir of the deceased Robert Chesholme living Selkirk came to his tenement lying in Fulbrig raw on the west part of the same with the kings street of Fulbrigrawe on the east and the tenement of Adam Boill on the south, the yard or tenement of Simon Fairle on the west and the tenement of John Vod on the north and there on the ground of the same the said James Scot instantly invested George Chesholme son and lawful heir of the said John Chesholme his father in all the said tenement by staff and baton. George asked instrument before witnesses Wil¬liam Portuus serjeant, James Chepman, John Vod, James Neulandis John Maltman and others.
Same day and place the said George Chesholme of his own free will and out of love for his mother purely and simply resigned the said tenement in hands of James Scot who gave life sasine to [blank] for as long as she will live during her widowhood. [Blank] asked instrument before above witnesses.

204 William Scot of Alanhaucht 30 Aug [1541]
Instrument narrating that Robert Scot of Alanhaucht promises to infeof his son and apparent heir William Scot and Margaret Scot daughter of John Scot of Thirlstane wife of the said William in her liferent in all his six merklands called “Quhyisester treis” lying in the barony of Quhychester within the sheriffdom of Roxburgh before solemnization of marriage of the same in face of kirk and orders his tenants of Quhychester whose assedations run for two years to come after the feast of Whitsunday 1542 should take compensation for flitting therefrom in form of payment of the customary parts of their grassums from the said Robert toge¬ther with a new assedation in a place of equal status so that the same can be given to his son and spouse. If they do not want to be settled in places of equal status nor by repayment of the two parts of grassums they are to flit at the said feast of pentecost and the said William and Margaret his spouse shall dispose freely of the same six merklands. William Scot asked instrument around 3pm in the chamber of Mark Ker before Robert Scot of Houpaslot, Mark Ker, John Scot of Thrifftane [Thirlstane?], Archibald Graham,[blank] Scot.

205.Sir Patrick Sandersone 31 Aug 1541
James Scot one of the bailies of Selkirk after the deliberation of an inquest and making public and showing old evidents of the deceased Andrew Sandersone younger spouse of Janet Broun came to a tenement with yard and rig of the said deceased Andrew lying within the said burgh on the south side of the Volgait with the tenement of John Freir on the east, the lands of master John Chepman on the south, the tenement of William Ker and Adam Ker on the west and the kings street which leads to the well of the blessed virgin Mary on the north and there on the ground of the same the said bailie and invested sir Patrick Sandersone notary and lawful heir of the deceased Andrew his uncle in all the said tenement with yard and rig by staff and baton. Sir Patrick cha¬plain asked instrument done on the ground of the same around noon before Alexander Gledstanes, John Freir, William Burne serjeant, John Couper and others.

206.”pro re publica” James bailie 15 September 1541
Alexander Carmaig king’s messenger came to three acres with half the common of the burgh of Selkirk lying on the east side of the same with the lands of the monastery of Kelso called Brigheucht in the barony of Bowdene on the south side and the water called Etrik on the north side and there on the ground of the same the said Alexander by virtue of letters of King James V and immedia¬tely after a decret of the lords of council gave possession to James Scot one of the bailies for the time, John Bridin, John Hawe, James Keyne, William Scot, Thomas Mynto burgesses in the name of the whole community of all the three acres with half the common lands and by delivery of earth and stones on ground of the same. James Scot and the said burgesses asked instruments done on the ground of the same around 7am before James Lauder, John Dristair, James Adamsone, John Thom[as].
[“th^us maria” written at bottom of page]

207.Scot of Thirlstane 6 Sept 1541
Robert Scot of Alanehaucht of his own free will binds himself and his heirs and executors to all the articles and points contained in indentures made between him and and John Scot of Thirlstane concerning a marriage contract between William Scot son and heir to the said Robert and Margaret Scot daughter of the said John Scot of Thirlstane as is extended in another form in the said indentures. John Scot asked instrument done in the chamber of James Bradfut around 3pm before William Scot of Hartvod myris, James Bradfut, Robert Downe, Archibald Graham.

208 Briden Wilkesoune and Briden 7 September 154[?1] “It is finely compromittit and irreuocabylly aggreit betuix Ad Vilke¬soune Besse Bridin his spous in ane pairt and David Bridin fle¬scher in that uther pairt in maner forme and effect as efter followes that the said Ad and Besse his spous coniunctlie and soueraly sal purly and semply resing and our geif all and haill thairis tenement bak sid and forsyd under erd and abone in hands of ane of the baillies viz Peter Moffat for saissing to be gevin to David Briden flescher of all and haill (p/t) [rem?]aynes in which the restrictiones That the said David imediatlie efter that he resavit sasing to geif [stait scored out] and resing in hands of Peter Moffat bailie sasing and possessioune to the said Adam and Besse Bridin his spous and to the langar levar of thaim all and haill ane haw betuiex the gavyll norcht and soucht sellar loft of the samynne ane bern next adaicent the tend bern and ane lytill stabyll with ane dur in the gavyll to ane propaill vall in the norcht pairt with fre usche and entray in and to the samyn haldane thaim vaitter teycht [inserted above “unspulzeit”] for all the dais of thairis lyftymes and failyeing thairof to remoif thair saising and possession payand thairfor yeirlie the saidis Adam Besse and langar levar of thaim to the said David Briden his ayris executoris and assignais xx [22] shillings of usuaill mony of scotland at twa usuaill termes and failyeing of detfull pay¬ment and bei(p/t)ting as saidis the saidis Ad and Besse to re¬nunce thair possessionne in presens of bailyes and notairis as effeiris”. David, Adam and Besse asked instruments around 8 before John Haw, John Cruk, Robert Smyth, John Adamsone and others.

209.Bridin Vilkesone and Bridin (illeg) 7 Sept 1541
Instrument narrating that Peter Moffat one of the bailies of Selkirk at the request of Adam Vilkesoune and Besse Bridin his spouse came to his tenement lying in the said burgh with the tenement of William Burn on the east, the kings street which leads to the market cross and the tenement of Simon Fairle on the west, the “tend bern” on the north with a portion of wasteland to the east side of the barn given over to serve as a yard (and which yard lies below northwards between the yards of William Burn on the east, the “tend yaird” on the west and the lands of John Smyth on the north) and there on ground of the same Adam Vilkesone with consent of his spouse lady of the conjunct fee of the said tenement freely resigned the said tenement from them,their heirs and assignees in hands of the bailie who gave sasine of the same to David Bridin,personally present and accept¬ing and his heirs and assignees by earth and stones . David asked instrument done on the ground of the same near the (p/t) hall in the close around 9am before John Haw, John Cruk, Robert Smyth, William Burne serjeant, John Adamsone, Thomas Broun and others.
Adam Vilkesone Besseca Bridin same day…Peter Moffat at the request of David Bridin came to his tenement [in front of?] the hall formerly inhabited by Adam Vilkesone and Besseca Bridin between the north and soouth gables with storehouse and loft thereto and also to one barn lying near the “tend bern” with a stable in the close having a door in the south side extending to a party wall on the north with free use and entry through the close and door front and back day and night and there on the ground of the same near the door of the great hall David Bridin purely and simply resigned the house in hands of the bailie who gave life sasine to Adam and Besse his spouse and to whichever lives longer assigning the same unspoiled and in good condition viz.”vatter teycht” also paying yearly from the said Adam, Besse and whoever lives longer 20 shillings scots at the two customary terms in name of annualrent to David his heirs and assignees and failing payment at the customary terms I will that the sasine be null and void. Adam and Besse respectively asked instruments done between 9 and 10 am before above witnesses.

[Rest of page blank.]

210.Copy of an instrument
(p/t) V.S. and M.G. publicly dclared that they wish to be joined in matrimony but because they are related in the fourth and fourth grades of consanguinity they can only fulfil their desire if, with apostolic authority, they can be granted dispensation for their impediments as it has been clearly noted and was proven by worthy witnesses before me notary public underwritten viz. ” Archebauld Graham, Matheu Vatsone” that the deceased D.S. begot [“p H”] in the fourth grade by descent and on the other A.G. begot A.S. by which it was carried in the fourth grade by des¬cent. The said V.S. and M.G. with unanimous consent and assent make, constitute and solemnly ordain Adam Uniss, (blank) their true lawful and undoubted procurators conjunctly and severally their actors factors and bearers of their negotiations and their special and general messengers giving and granting to the said procurators conjunctly and severally their full power and special mandate to compear…before the venerable man N.G. [commissary?] of our holy father pope Paul III who has power in the foregoing and there [to obtain] an apostolic dispensation for the impedi¬ments against contracting a marriage between the above persons and doing all that is necessary in pursuing the foresaid cause. V and M asked instruments.

211.Mynto 7 Oct 1541
Peter Moffat one of the bailies of Selkirk at the request of David Mynto elder constituted by letter of procuracy of David Mynto, smith, son and heir of the deceased James Mynto came to a croft of arable land lying in the bounds of the burgh with the tenement of John Haw on the east, the kings street leading to the “ester pwill” on the south ,the lands of John Brown on the west and the etrik water on the north and there on the ground of the same the said David Mynto procurator and in the name of David Mynto smith constituted by letter of procuracy written on paper with seal and signet of William Bridin vicar of Selkirk and gave them to me, notary, to read out as follows “Be it kend til al men be thir present lettres me David Mynto in enstruder [Anstruther?] to haif maid constitut and ordanit and be thir present lettres makis constitutis and ordines honorabyll men and my veilbelovit¬tis David Mynto and ilk ane of thaim coniunctlie and soueraly my verray laufull and undoutit procuratouris actouris factouris and speciall erand beraris geffand grantand and committand to my saidis procuratouris and ilkane of thaim coniunctlie and soueraly my verray full fre plane pouer command express biddyng and chair¬gis for me and in my nayme and upone my behalff to compeir befor the provest and bailies of the burgh of Selkirk and thair in my nayme and behalff resing remit and our geif all and haill my croft of land rycht that I haif thairto extending to four aikars of land or thairby lyand on the norcht syd of the toune and burgh the landis of Jhone Haw one the eist part the common streit one the soucht part the lands of Jhone Broun one the vost part the vatter of etrik one the norcht part in the hands of the provest or bailyes in fawouris of Thomas Mynto for heretabyll stait saising to be gevin be thaim to him of the said croft and gener¬ally all and haill sundry utheris thingis to excerte and use thairto the office of procuratory in sic caiss of law or consue¬tud is knawen to perten and that I mycht do my selff thairin and I var personally present firme and stabyll hauldand for to hauld all and quhatsumevir thingis my saidis procuratouris or ony of thaim coniunctly and souerally in the premiss leidis to be don under the payne of all my gudis moveabyll and unmoveabyll present and to cum in vytness heirof to this my lettres of procuratory subscrivit with my hand at the pen led be the notar undervrytting I haif procurit with instanc the seil of ane honorabyll man schir William Bridin vicar of Selkirk for me to be affixit because I had nocht ane seil of myne awin present At Edinburght the thrid day of october in the yeir of god ane thousand vcxli ane yeir [1541] befor the vytness James Ker sone and apperand air to George Ker of Lyntoun, Jhone Mynto, Alexander Gibsone, Robert Roddic with utheris divers.
David Mynto with my hand led at the pen be Jhone Bridin notar publyk.” After reading out the letters David Mynto elder procura¬tor resigned the said croft of arable lands in hands of Peter Moffat who gave sasine of the same by earth and stone on ground of the same to Thomas Mynto his heirs and assignees personally present and accepting and paying an annualrent according to the charter made thereon. Done on the ground of the same around 8am before John Scot, Hector Neuton, Stephen Haw, George Lumisdene, John Thomsone, Patrick Robertsone.

212 Scot and Angus 25 Jan [1541/2?]
“Villiem Scot obliss hym and his ayris to pay Jhone Anguss xxvii [27] shillings at mydsymmer and uther xxvii [27] shillings at martinmess and four rouch scheip at mydsymmer next to cum out cumit scheip and failyeing that it salbe fre to Jhone Anguss tak my tagit kow ane boll of beir or fastrone evin or ellis the blak stirk or xii [12] shillings and ane boill of aittes within viii [8] dais and ae done befor thir vytness Andro Bradfut, Thomas Jonsone, Thomas Bridin, Mungo Robson under payne of cirsing.

[Next page blank and cancelled except part of the (illegible) title.

213. Hoppringill 16 Nov
John Jonsone David Robesone James Greif conjunctly and severally renounce the warning brought by them against Alexander Hop¬pringill save these conditions that the said Alexander shall not distrain the goods of the subtenants of Williamhoup for ferme of the St.Andrew term ad.1541 nor afterwards unless he obtains full right in and to the place of Williamhoup and if it should be thus that James Ker should deliver an act concerning the subtenants for payment of £16 for which they were [sued?] the said Alexander is content that the tenants pay the said James and after when he acquires full right he will recover the said sum from James Ker and the said tenants acknowledged that they were the servants of the said Alexander. Alexander and the tenants asked instruments in the braes [montibus] of Bradmedois and instantly I [ie. the notary] descended with James Hoppringill to the loch of Hangin¬schawe and laid out the said conditions in writing before the said James and Andrew Murray and George Gardnair around 2pm.

214 Hawe 10 Jan 1541/2
John Bridin one of the bailies of Selkirk at the request of Lancelot Ker of Gaitschawe came to his tenement in the burgh of Selkirk on the south side of the courthouse with the tenement of John Broun on the east,the yards of John Bellendene and George Jamsone on the south, the tenement of William Ker on the west and the kings street on the north near the courthouse and there on the ground of the same the said Lancelot of his own free will resigned the said tenement in hands of the bailie who gave sasine to Alexander Hawe personally present and accepting reserving to the said Lancelot and his heirs and assignees these conditions “In primis the said Sanders Hawe [his ayris] and assignais sal pay borrow maill and to me my ayris executors and assignais fyfty iiii shillings [54s] usual mony” in name of annualrent “and sal uphauld the said manss in gret tymes and small watter teycht efter his pouer and sal geif rowme to ane (p/t) in the foir boycht with fre usche and entrye of the samynne mailfre to the saidis Lancelot and his ayris or assignais quhenne it beis re¬quirit alss for [the coft] twa furnist beddes and staibilling for four m[en and horss?]”. Alexander asked instrument done around 1pm on the ground of the same before William Portuus, William Burn serjeant, George [Michelhill?], Stephen Symsone, Robert Scot, William Landrecht.

215. Todrig 10 Jan 1541/2
Instrument narrating that David Todrig came to the south part of the lands of Peilhill and [Peilsoucht] and presented a precept of sasine under the seal of Patrick Murray of Fallawhill to James Vilkesoune bailie constituted in that part to read out and which commanded the said bailie to give sasine of the lands of Peil¬soucht with tenement and pertinents in the lordship of Selkirk to the said David, in tenor of a charter of the same made earlier to him from the said Patrick in heritable feu ferme. Done at Hang¬ingschaw 12 April 1537.
After reading out the precept the said bailie, by virtue of his office, gave sasine of Peilsoucht to David Todrig his heirs and assignees. David asked instrument done on the ground of the same around 8am before John Smaill, John Smith, John Bridin.

216.Robert Elwand Helen Rutherfurd his mother 15 Jan [1541/2]
John Bridin one of the bailies of the burgh of Selkirk at the request of Robert Elwand son and heir of the late Thomas Elwand burgess in Selkirk after reading out of evidents of the said Thomas came to his tenement in the said burgh with the tenement of George Jamesone on the east, the kings street which leads to the Peilgait on the south, the tenement of John Broun on the west and the yard of the heirs of Thomas Jonsone on the north and there on the ground of the same the said John Bridin entered the young man Robert Elwand as lawful heir of the said Thomas in all the tenement with two rigs of arable land lying “Vostell the kirk” with the lands of Patrick Murray now in the hands of James Scot on the east and the lands of Thomas Jonsone on the west, the lands Simon Fairle on the south and the kings street which leads to Moresone Hill on the north. Robert asked instrument done on the ground of the same near the front door around 7am before witnesses subscribed.
Elwand Ruderfurd same day John Bridin at the request of Robert Elwand came to the forehouse of the tenement lying [between?] the gables of George Jamesone and John Broun and there on the ground of the same the said Robert, freely and out of love for his mother, resigned the said forehouse in favour of Helen Ru¬therfurd in conjunct fee for her lifetime , reserving free entry and exit from the house to the door belonging to the tenement to Robert and his heirs and paying 9 shillings annualrent on the same to Thomas Scot laird of Hanyng or his (illeg). Helen asked instrument done around 7am before the venerable sir Archebald Rutherfurd dean in Jedworth, Adam Moscrop, James Ker, Walter Scot provost of the burgh of Selkirk for the time, Adam Ker chaplain, Simon Quhitsome, James Cadzou.

217 Scot Flecher 8 Feb 1541/2
Instrument of sasine narrating that Alexander Scot resigns his tenement lying on the south side of the Peilgait with the tene¬ment of William Flecher on the east, the common bog on the south, the tenement of Thomas Morlaw on the west and the kings street on the north in hands of bailie John Bridin in favour of William Flecher burgess of the said burgh his heirs and assignees and the said bailie gave sasine of the same. William asked instrument done on the ground of the same around 11am before master Michael Scot in Aikvod, Robert Turnbull of Uthrelburne, John Smaill, William Portuus, David Todrig. Sir Adam Ker notary.

218. Fairle elder on his father’s mandate 7 March 1541/2
John Fairle elder heir of Simon Fairle his father and on his fathers command came to his tenement lying in the said burgh with the tenement of Adam Vilkesoune on the east, the kings street near the courthouse on the south, the tenement of James Scot on the west and the yard of Lancelot Ker on the north “viz. the tend yard” and on the ground of the same in the form of a mortifica¬tion resigns an annualrent of six shillings levied on all the tenement on the [blank] day of the [blank] month on the anniver¬sary celebrated by the parish priest of Selkirk present and to come forever by delivery of one penny in the hands of sir Ninian Brydin chaplain of the Blessed Virgin Mary and of his successor priests. For the receipt and delivery of the said 6 shillings he or his successor shall have 16d for his labours and also to another priest 8d, to the clerk for the bells 4d and four pence for candles. Sir Ninian priest of the Blessed Virgin Mary on himself and for his successors asked instrument from the vener¬able sir Adam Ker notary public done near the door of the said tenement around 8am before the venerable men sir William Brydin vicar of Selkirk , John Michelhill notary public, James Scot, William Burne serjeand, James Edmont.

219.John Skune son and heir of the late John Skune 7 March [1541/2] Instrument narrating that Simon Fairle burgess of Selk¬irk has renounced all right and claim to ownership or possession that he has or will have in and to an annualrent of two shillings annually on a tenement of James Watsone which he held from the late John Skune in mortgage of a sum and now John Skune his son has paid him the said money and he exhonerates and quitclaims John forever. John asked instrument done in the house of Simon Fairle at 7pm before witnesses Robert Elwand, Alan Richertsone, John Bradfut.

220.Burn and Scot 8 March 1541/2
Alexander Scot of Paless in the presence of witnesses subscribed of his own free will declared that William Burne would never hold his rigs in the open fields in tack or by any other means in his lifetime. William Burn asked instrument before Walter Scot provost for the time, John Bridin bailie, James Scot, John Smaill and others done in the courthouse around 10am.

221. 8 March 1541/2
Walter Scot provost for the time of Selkirk at the request of Adam Fairle procurator of Simon Fairle came to his tenement lying on the west of the vennel called Peilgait or Cauldscheillis with the tenements of James Watsone, William Bennat and the kings street called pelgait on the south and east, the lands of James Helme on the west and the yard of James Watsone and the lands of John Chepman, Thomas Jonsone, Robert Elwand on thorth and read out the following letter of procuratory
“Be it kend til all men be this present lettres me Symon Fairle burgess in Selkirk to haif maid constitut and ordinet and be this present lettres makis constitutis and ordines honorabill men and my velbelovittis Adam Fairle Adam Scot and ilk ane of thaim coniunctlie and soueraly in my verray lauful and undoutit procur¬atouris actouris factouris and speciallerand berars gevand gran¬tand and committand to my said procuratouris and ilk ane of thaim coniunctlie and soueraly my verray fulplane pouer command express biding and chairgis for me and in my nayme and upone my behalff to compeir before the provest bailies of the burgh of Selkirk and thair in my nayme and behalff to resing renuce [renounce] and our geif all and haill my tenement of cauldscheillis with kil berne houss yairdis and croft as it lyes in lencht and breid under erde and abonne the tenementis of James Vatsonne William Bennat and kingis streit in the est and soucht partis of the sammyne the landis of James Helme in the vost part the landis of Thomas Jonson Thomas Elwand Jhonne Chepman and Vatsonne yardis on the norcht part in the handis of the provest or bailies in fawouris of my velbelovit secund sonne Jhone Fairle yonger for luf and fawour and fulfiling of condiciounnes maid be me to him in tyme of mariag as the contracte of mariagis proportis for heretagis [line missing?] stait and saising to be gevin be thaim to him of the said tenement with kil berne yairdis and croft and generaly and sindry uther thingis to exercess and uss that to the officess of procuratory in sic caiss of law or consuet[ude] is knawin to pertene and that I micht do my selff [thereby?] and I var perso¬naly present my selff ferme and stabyll hauldand and for to hauld all and and quhatsum evir thingis my saidis procuratouris or ony ane of thaim to coniunctlie and soueraly in the promessis leidis to be done rythiuslie under payne of all my gudis moveabyll and unmoveabyll present and to cum in vytness heirof to this my lettres of procuratory subscrivit with my hand led at the pen be schir N bridin notair and hess [p/t] it to my proper seill to this presentis befor the vitness schir niniane bridin Joke Muthag Ad Fairle P[eter] Anderson Joke Bradfut the vii day of march the yeir of god ae thousand vxli yeris [1541]
Simon Fairle
After reading out the said letter the said Adam Fairle procurator and in name of Simon Fairle resigned purely and simply the said tenement with barn maltkiln and croft with pertinents in hands of Walter Scot provost in absence of bailies by handing over earth and stones as is customary for heretable sasine in favour of John Fairle younger second son of the said Simon and to his heirs and assignees paying yearly burgh ferme and annualrent in the tenor of the old evidents. John Fairle asked instrument or instruments done on the ground of the same before William Burne, David Todrig serjeand, Adam Scot, James Vatsone, [Bold?] Andro [blank] in surety [“obscrite”], Robert Murray.
Adam Fairle on part of Simon Fairle
Same day John Fairle swore to give his father £20 scots, if he lives, from the said tenement and croft. Adam asked instrument before witnesses above.

222.Sir Andrew Duncan and Alexander Hoppringill in Trinlingknoues “Evidentouris maid at the nework the first day of aprill in the yeir of god ane thousand vc fourty twa yeiris [1542] attour the deliverans and resaving of the castell of Nework tymmer and materiallis being thair in and pertening to the said castell in maner forme and effect as efter followes that is to say sir Andrew Duncan [page inserted here out of order chamerlane to the kingis graice of his landis in the [etrik?] forest at command of ane vritting of my comptrollaris hess deliverit the said houss and all the geiris tymmers and materiallis following to Alexander Hoppringill of Trinlingknoue in nayme and behalff of ane honora¬bill lord Lord Maxwell Item in primis deliverit six sawin aik plankis [standard?] tymmer xvi [16] fut lang Item twa plankis of ayche standard at the fut gang in maner of geistis xl [40] futtis lang with ane braiss [of?] aik under thaim clossit at the heid xii [12] fut lang Item in the haw utencht the castell fyv irne vondokis ilk vondok fyv [fut?] lang and four fut braid Item deliverit within the castell (p/t) plankis of ayche Item une dicht daillis of fir thre (illeg.) ane daill Item of dycht dail¬lis of fir sevintene Item of aikin burdis x [10] peice of ayche twa Item theris xiiii [14] caissat vondokis Item of breddis mair and less fyfty four bredis Item ane meit burd with thre formes Item twa auld brokin geistis Item of neu blak bandis for durris noth hong xxi [21] Item four auld bandis with thaim to duris Item aucht crukis to (p/t) Item xlviii [48] bandis tymmet for vondokis with part of (p/t) Item aucht quhit bandis for portaillis durris with part of (p/t)quhit maillis/naillis Item xx [20] thre ringis and roissis gret and small [for?] vondokis and durris Item four gret snekis for portaillis durris with stappillis and uther geiris therto Item xii [12] s[mall] snekis for vondokis Item twa neu lokis that ar thro with the keis Item all this neu vork is noth put upone Item vithin the houss by the uther yet nyne hung durris Item xii [12] un hung durris doubill and singill Item diverr peissis of auld tymmer Item four geissit loftis with geistis and burdis cloislie maid therto Item xii [12] estland burds within the kyching Item ane gret irne bar to the nedder irne yet schir andro duncan and sandris hoppringill tuk instru¬mentis of delivering and resaving” around the hour of noon before William Wod elder of Eschesteill John Robesone John Baxstair Thomas Chesholme William Downe.

223.Hoppringill 19 April 1542
Alexander Hoppringill of Cragleicht in presence of witnesses subscribed delivered to John Jonsone David Robesone and James Greif ten cows which he [had removed?] from the said tenants of Vilyemhoup [Williamhope] and the said subtenants received the same at the command of James Hoppringill in Tynnis and Alexander Hoppringill faithfully promised the tenants that howsoever the cows were worse on delivery he would recompense them on accep¬tance of the same after viewing by James Hoppringill. Also, Alexander asked his tenants whether they would accept the deci¬sion of James Hoppringill on the payment of the fermes of Villem¬houp to [Alexander Hoppringill] or James Ker and the tenants did not want to decide until they had spoken with James Hoppringill of Tynnis.
The same day David Robesone John Jonsone bound themselves to implement all the points made by James Hoppringill and that the said James would implement all points promised. The said parties asked instruments around 2pm before sir David Hoppringill, Ninian Brown, Thomas Greif.

224.Vatsone Mathesone in Midlame 19 April 1542
Instrument narrating an agreement made “sub penis contentis infernis” “It is comprommitit and irrevocabylly aggreit betuix ho[norable] persones that is to say James Mathesone in Midlam James Mathesone yonger his sone and Katherin Vatsone in maner forme and effect as efter followes That is to say the said James [Mathe]sone elder sal mary and haif to vyf Katherin Vatsone in all gudly haist with gudis and toucher not nemmit and William Mathesone yonger sone to the said James James(sic) sal god vyl¬ling mary and haif Besse Vatsone or Helyne Vatsone quhilk of thaim he pleissis best with gudis as his faither and hir mother Katherin vil geif thaim thankfully (p/t)for fulfilling and com¬pleitting of Villiam Besse Katherin mariagis Villiam Mathesone schiriand of mydlame Villiam Mathesone smyth ar bounding for Villiam Mathesone to James forsaid and James Vauche elder and James Vauche ar bound and oblyst for oblyst and bownd for Kather¬in Vatsone or Helyne the party failyeing to the party bydding at the promiss of fourty libras £40 without fawouris ayther of thaim hes tayne uther handis and askit instrumentis befor vitness Jhone Smyth Jhone Keyne burgesses David Tudhou[p] Thome Fairbarn Valter Riddaill Thomas Symmintoun James (p/t) done in the chamber of sir Ninian Bridin around”… [page torn].

225.Haw and Chesholme his spouse 10 May 1542
Instrument of sasine narrating that John Haw burgess of Selkirk resigns in hands of bailie John Bridin his tenement viz. a fore¬house and backhouse with a close [belonging] to the same (except¬ing the workshop on the east of the same)in favour of Janet Chesholme wife of the said James in conjunct fee and life rent paying yearly burgh ferme to the king and his successors also annualrent of 16 shillings scots to William Brivdin vicar of Selkirk and his heirs and assignees. Janet asked instrument around 2pm before William Portus serjeant, William Brown, William Mithag, David Loremer, John Vatsone, Robert Loremer.

226. Bridin bailie on part of the community of the burgh of Selkirk 10 May 1542
John Brydin came to Alexander Cragleicht and asked him to find caution at the sheriff court held in the burgh of Selkirk con¬cerning the disturbance of the king’s marketplace and the letting of blood of sir Peter Syntoun and the said Alexander Hoppringill did not want to find caution and asked instrument that it would not prejudice him concerning priveleges contained in the burgh hereafter before Mungo Jonsone, Cuthbert Curror John Michelhill.

227. Hoppringill 10 May [1542]
Alexander Hoppringill of Cragleicht showed the bailie that an¬other should find caution to the sheriff and he did not want to find caution to provost and bailies because it was custom for caution to be found [page torn] over all the said things. Alexan¬der asked instrument done on the west side of the town of Selkirk before James Hoppringill, Adam Murray, James Murray.

228.Vegham and Anguss 26 May 1542
Instrument of sasine narrating that John Anguss resigned in hands of bailie John Bridin his tenement lying in the burgh of Selkirk with the tenement of John Thomsone on the east, the yard of Alison Hendersone on the south, the tenement of sir John Chepman chaplain on the west and the king’s street which leads to the market cross on the north together with two rigs in the open fields of which one lies over “le know” on the east side of the burgh and the other in “goslomyris” in favour of Adam Weghame his heirs and assignees in the tenor of his charter. Adam asked instrument or instruments done on the ground of the same around 5pm before John Chepman, Peter Moffat bailies,[John] Michelhill, John Bullerwell, John (p/t), James Craufurd, Mungo Crukshankis. Memorandum “that Adam pait xx merkis at the saising and suld pay xi merkis at martinsmess and the said Jhone to geif Adam his evidentis in dew forme Mungo Cruikshankis Jhon Broun James Crau¬furd (p/t) borroves and faillying of payment Jhone to haif rigr¬ess to his way.”

229.Scot Anguss 4 June 1542
“Robert Scot with avyss of Valter Scot in Edschaw and Valter Scot of the Hanyng hess set and formail lattin to Jhone Anguss all and haill the haucht of hartvodburne lyand nixt pikenot burne oure the soucht syd of the sammyne burne oure to ane sik be yond Item vith medo nixt to adiacient twa dawerkis of peittis the moss thre sowmes gerss yeirly for all the dais and termes of four croppis to gidder following the dait abone expremit the said Jhone Anguss instantly sal deliver to Robert Scot ane blak horss with saidill bridill tee worcht [£10 8s] The said Robert oblissis him selff to mak all the beir land reid and abill for the seid or the xi day of June and for obschirving and keping of the premissis. al condiciounes fulfillet”

230.Graham and Vatsone 25 day of July “the said Thomas hess gevin Jams the stane of woll and the hors w[orth] [£5 8s]”
[part of page blank and cancelled]
witnesses William Scot, George Schortreid, William Downald, John Bradfut, John Scot, John Melross the which day Robert obliges himself (p/t).

[Text continues with page misplaced at 221]

231 Hoppringill and Greif 6 June 1542
Instrument narrating that Alexander Hoppringill of Cragleicht binds himself his heirs and assignees in a strict form of instru¬ment of obligation to relieve and defend James Greif in Wilyemho¬up at hands of James Ker in Mersyntoun and all others for the sum of £6 scots which is given from the fermes of the place of Wi¬lyemhoup and for which sum of £6 he has made him receive instru¬ment for the ferme of Wilyemhoup on part of James Greif and by these present instruments discharges and quitclaims the said James Greif younger from the said sum. Also James Greif binds him to James Ker of Mersyntoun to enter an act in the consistorial books of Calco without delay on account of the said sum made by James Greif to James Ker and the said James Greif removes an act in the books about James Ker in expenses [owed to him?] or to Alexander Hoppringill and that the said James Ker acted to re¬lieve the said James Greif for his damages. Alexander Hoppringill and James Greif asked instruments around 4pm in the chamber of sir John Michelhill before (p/t) Murray of Fallawhill, Alexander Tait of Pirne, James [Hoppringill?] younger, sir John Michelhill, Thomas Barkar.

232.Mynto elder Mynto younger 4 July 1542
Instrument of sasine narrating that John Mynto resigned in hands if bailie Peter Moffat his yard lying in the north side of the Great Yard and maltkiln of George Chepman on the east and the rest of Great Yard on the south ,the yard of Thomas Barkar on the west and the barn of James Keyne on the north in favour of Thomas Mynto elder his heirs and assignees paying yearly one penny burgh ferme. Thomas Mynto asked instrument done around noon before John Downe, James Doby, James Downaldsone, James Mynto.

[Returns to main sequence of text. Next item originally a loose sheet inserted out of sequence]

233.18 July 1552
Letter of assignation narrating that Janet Cammeroune lady of the conjunct fee of a lower tenement and her husband John Thomsone burgess of Edinburgh for his own interest declared that they owed Robert Haldene in [Mosyle?] the sum of £100 scots for certain merchandise bought and received by them. Also the said Janet and her spouse for his own interest ordain by these presents the said Robert Haldene, his own heirs, his true lawful undoubted and irrevocable cessioners and assignees the sum of £10 yearly and paid in equal portions at two terms viz. Whitsunday and Martin¬mas raised from the fermes and annualrent on a tenement formerly pertaining heritably to the late William Lindesay and now to his relict the said Janet in conjunct feeand lying within the burgh of Edinburgh on the north side of the same with the tenement of the late William Knox on the east and the tenement of the late John Fawlo on the west and beginning the first payment of the sum of £10 to the said Robert and his heirs at the term of Martinmas next and immediately after the date of this present until the sum of £100 is paid and the said Janet and her spouse quitclaim the said annualrent to the said Robert until payment is fulfilled and bind themselves and their heirs faithfully to the terms of this letter of assignation.Also if the said Janet should die before full payment is made the same £10 is reserved to the said Robert to pay what remains. Robert asked instrument done in the office of John Young [notary public scored out] burgess of Edinburgh around 3pm before the said John Young, James Harlay, James Hand¬ersone.

234. Scot Anguss 31 Aug [1542]
Instrument narrating that William Scot faithfully promised John Anguss that immediately after the head court of Saint Michael he will make sir Simon Shortreid produce the evidents of his father to the provost and bailies and after take sasine of all his tenement and to give sasine to William Scot his heirs after [“pesullum”?] and the said William promised to give sasine and resign the said tenement in hands of the bailies in favour of John Anguss for payment of the sum of fifteen merks to the said William, 10 shillings scots to the altar of our Salvator situate in the monastery of Calco and burgh ferme.
Done in the house of Adam Veighame around 5pm before Alexander Gledstanes, John Robesone, David Bridin burgesses, David Jonsone, Andrew Bennat.

235. Mynto and Mynto 3 September [1542]
John Mynto with consent of M[arion] Birnat his mother “resignat all and haill the kill tymmer erd and stane and alss the gret tymmer of the bern pann[is] first sillis excepand sper and vac¬telles and promisit to help Tho[m]as doune with thaim and lay all [up?] in [the] kyll”. Done around 7am before (p/t) Mithag, sir Thomas [blank] chaplain, David Jonsone .

236.Coissair 6 Sept [1542]
“Jhone Coissair sal god vylling haif to vyf Katherin Mathesone and for compleiting and fulfilling of it in faice of haly kirk James Mathesone hir father Villiam Mathesone his son coniunctly and soueraly sal geif thaim malfre ane houss with ane croift of coitland to thaim and the langar levar of thaim and mend it betuix this and martinmess and sal haif the vaill of four ky about his houss ane sow or or twa and James wyll ane boill of meil ane boill of beir with the beir that groues ouer the croft [and ] put burdis to ane kyst the houss furnist and the voman cled one bed and bak”. John Coissair asked instrument in the chamber of sir Ninian Brydin before James Dounaldsoune, James Vatsone, John Patersone, Thomas Bridin.

237. Smyth Melross 10 Sept [1542]
Thomas Melross younger openly showed in presence of witnesses subscribed that whatever he did Thomas Melross elder was and will be content in the sale of his tenement. John Smyth asked instru¬ment in back house of Thomas Melross before Thomas Melross elder, John Melross his son, Margaret Vatsone, Margaret Riddaill. Done around 3pm.

238. Scot Portuus 13 Sept 1542
Instrument narrating that Peter Portuus heir of the late Robert Portuus ordains and solemnly appoints William Scot his true lawful undoubted and irrevocable assignee in and [to] a tenement of “Kirk gle[be?]” with five rigs of arable land thereto now inhabited by George Bayne and Besseca Bayne and [quitclaims] all right claim ownership and possession which the said Peter has or might have in and to the said tenement in future. William asked the instrument done in the house of William Scot around 5 pm before James Youyll curate of Cavers, Gilbert Scot, James Scot, [blank] Thomsone.

239. Mynto elder 20 Sept [1542]
William Trumbull and Robert Elwand burgesses of the burgh of Selkirk bind themselves by ostentation of hands to pay to Thomas Mynto the sum of 19 merks scots within 20 days next following for a horse delivered instantly to Richard Ekyllis. Before witnesses Perse Elwand, John Thomsone, Adam Euart, James Downaldsone.

240.Walter Scot provost and James Bridin bailie on the part of the whole community of the burgh of Selkirk 23 Sept 1542
On which day Walter Scot provost and John Bridin bailie came to three and a half acres of common lying near Brigheucht sown with corn and there discovered the subscribed persons gathered spoil¬ing and destroying the said corn “vith the foder” of the said acres viz. Janet Freir daughter of James Frer in Lyndene, Thomas Smyth, Ysabella Smyth the children of Ninian Smyth in Sonderland, Margaret Wod daughter of “Lytil Johane Wod”, Janet Jamsone daughter of Simon Jamsone, Katherin Chesholme wife of David Browne, “Dand Downe sister douchter Besseca Keyne”, Janet Craufurd, Marion Dephoup wife of James burgess [blank] Walter Scot Thomas Vatsone, John Frer. Thomas Cleghorn asked instrument before James Vatsone, James Tailyer, David Mynto, Thomas Vatsone.

[Next item originally a loose scrap]
241. “…that be ane for thaim I am awand yow x shillings (p/t)satify yow howsone that evir that I gett (p/t) ado to win ony thing and inlaik part (p/t) ye may forbeir uther x pence to ley me (p/t)[to?]gidder This I traist ye will do as (p/t) is a uie child (illeg) R.C[?].”

242. Sir Richard Bridin 3 October 1542
Instrument narrating that John Bridin bailie of Selkirk, after deliberation of inquest and reading out of evidents of the late James Bridin of the Well burgess, came to his tenement with pertinents lying in the said burgh on the south side of the court house with the tenement of John Chepman on the east the yard of William Bridin on the south the tenement of John Brown on the west and the kings street which leads to the mercat cross on the north and vested the venerable man sir Richard Bridin notary and lawful heir of the late James in the tenement, yard with (illeg) croft thereto called “Quihitcroftis”. Richard asked instrument done on the ground of the same around 1pm before Walter Scot provost for the time of Selkirk, David Todrig serjeant, Alexander Craw[furd?].

243.John Bridin second son of David Bridin and his spouse Janet Trumbull 3 Oct 1542
Instrument of sasine narrating that sir Richard Bridin chaplain and heir of the late James Bridin of the well resigned his tene¬ment with yard and croft called “Quhict croft”lying in the burgh of Selkirk on the south side of the Kings street near the court house with the tenement of John Chepman on the east, the yard of William Bridin on the south, the tenement of John Broun on the west and the kings street on the north in hands of bailie John Bridin, reserving free tenement of the same as long as the said sir Richard shall live, in favour of the [growing? “perfecto”] infant John Bridin his nephew and second son of David Bridin and his heirs and assignees. David Bridin asked instrument for his son done around 1pm before Walter Scot provost, James Scot ,James Keyne, David Todrig, William Portuus serjeant, Alexander Craw.

244. Mynto and Mynto younger 15 Nov 1542
Instrument of sasine narrating that John Mynto heir of the late Thomas Mynto resigned an annualrent of 12 shillings yearly raised on his tenement lying on the north side of “Volvynd” with the tenement of James Doby on the east ,the said street on the south , the tenement of David Mynto on the west and the tenement of the heirs of the late James Keyne on the north in hands of bailie John Bridin in favour of Thomas Mynto burgess of Selkirk, his heirs and assignees. Thomas asked instrument around noon before John Chepman, John Haw, James Doby, John Downe, David Todrik burgesses.

245.Mynto and Mynto 28 Nov [1542]
George Michelhill by his own confession declared that he was owed by Thomas Mynto £3 15s scotsfor barley and malt already received. Before witnesses Peter Moffat, John Clerk, sir N B [Ninian Bri¬din] done in the close of Peter Moffat around 3pm.

246. Cowane Bridin
On which day Richard Bridin promised John Cowane his brother in law and Janet Bridin his sister that he would instantly deliver 20 “stanes of voll” as part and portion of the deceased James Bridin also “ten stanes [lame?]” as portion of the [“..verili”] and thereafter John and Janet will have according to the tenor of the testament at discretion of the executors. Before witnesses Janet Trumbull and myself [ie. Ninian Brydin].

247. [Bridin chaplain scored out] Bridin of the Well 28 Nov 1542 Instrument narrating that after holding an inquest by the follow¬ing men Robert Trumbull, James Keyne, Peter Moffat, John Smaill, John Haw, Thomas Mynto, Andrew [page inserted here out of order see 249] Hallevoll George Chepman, John Downe [merchant?], John Bridin younger, John Fairle elder, William Trumbull, James Helme and examination of old evidents Richard Bridin and James Bridin came to a tenement then occupied by the said Richard lying on the south side of Volgait with the yard of the late sir James Portuus now in hands of sir Adam Ker on the east, the lands of George Chepman on the south, the tenement of Thomas Vatsone on the west and the said street on the north and there on the ground of the same John Bridin bailie invested sir Richard Brydin lawful and well-known heir of the deceased James Brydin his father in all the tenement with yard provided that he [respects?] the right of others to the tenement as the order of law postulates. Richard Bridin chaplain asked instrument done on the ground of the same before David [Jonsone?] Thomas Jonsone, John Smyth, David Todrig, James (p/t).

248.Downe Gledstanis Michelhill 10 December 1542
Instrument narrating that Robert Down binds himself, his heirs, executors and assignees to pay Alexander Gledstanes burgess of Selkirk 20 bolls of barley before the feast of Easter immediately after the date of this present. Alexander asked instrument done in the upper chamber of the said Alexander around 10 am before David Jonsone, William Burn, John Portuus.
Same day George Michelhill burgess in Selkirk binds himself in the strictest form of obligation and his heirs and assignees to pay and to deliver to the said Robert Downe burgess of the said burgh or Alexander Gledstanes his creditor before the feast of easter 20 bolls of barley and if he does not pay fully and with¬out delay the said George Michelhill promises under bond of all his goods present and to come instantly to infeof the said Robert in his forehouse and to enjoy the same until the said George pays the 20 bolls. Done before witnesses abovewritten.

[The following two items have been bound out of sequence. They should fall after 189 where an error in sequence also occurs. 193 also refers to “Curror Chepman”]

249. Curror Chepman 23 June 1541
Instrument narrating that after reading out and showing a precept of sasine Robert Turnbull bailie in that part before these wit¬nesses sir David Scot vicar of Cavers, sir John Chepman,James Chepman his brother, John Chepman burgess of Selkirk, William Chepman his son, Thomas Graham and John Downe and sir Ninian Bridin notary public and others gave sasine of the quarter part of “Est [Hanyng?] worth yearly 40 shillings to the said [John] Curror and his spouse Janet Chepman, to whichever lives longer, in conjunct fee and to their heirs in the tenor of the said precept. John and Janet asked instrument done on the croft of land near the loch around 4pm before sir David Scot vicar of Cavers, Walter Scot in living in Hanying, [Thomas?] Graham, Adam Boill, George Dristair, John B(p/t) alias Glasgow and others.

250. Sir David Scot Thomas Graham 19 July [1541]
Instrument of sasine narrating that John Curror and Janet Chepman his spouse conjunctly gave heritable sasine of their croft of arable land of a quarter part of est Hanyng lying on the west part of the same descending to the road which leads to the loch at Hanyng rig on the west and ascending to the lands of Walter Scot on the east and north and the lands of Thomas Morlawe on the south also two rigs of land of the same lying at the boundary of the said loch and contiguous with “le syk” called “Hanng(sic) rig syk” on the west ascending to “le fird” on the south and the lands of Walter Scot on the east in favour of sir David Scot vicar of Cavers and Thomas Graham burgess of Selkirk. Sir David and Thomas Graham asked instrument done on the ground of the same around 4pm before Thomas Scot of Hanyng, Walter Scot his uncle, Adam Boill, George Dristair, John Baice and others.
“Notand” that the said croft and two rigs lying to the said sir David and Thomas Graham for the sum of five pounds usual money provided that they pay the said John and Janet and their heirs and after payment the said sir David and Thomas Graham shall enjoy for one year after relaxation.
Memorandum”Jhone Curror relaxit the landis 3rd day of the month of aprile.T

[Text returns to main sequence.]

251. Keyne mandated procurator and in name of the honorable man Robert Chepman heir of the late master John Chepman 19 Dec 1542
Instrument narrating that John Bridin one of the bailies of Selkirk came at the instance and request of John Keyne constitu¬ted by a letter of procuratory in name of Robert Chepman brother and heir of the deceased master John Chepman burgess in Edinburgh and invested as heir the said John in name of Robert Chepman and gave sasine to him of a land or a croft called “le Volland” with pertinents lying within the regality of the said burgh, a tene¬ment of land with pertinents lying within the said burgh on the north side of “lie P[el]gait” between the lands of the deceased James Bradfut on the west and the lands of the [deceased] John Bridin, Richard Chepman, Stephen Lauder and the said master John Chepman on the east also a tenement lying in “Pelhill” [“Hal¬leuollhill” elsewhere] with the kings street on the east and south and the tenement of Nicola[s?] Ker on the north, the tene¬ment of James Chepman younger on the west also to a certain croft of land lying on the west part of the burn called “le Milburne” between the lands of the lord of “Haderle”[Heatherlie], a tene¬ment of land lying on the west of the market cross [of Selkirk] between the land of the deceased Stephen Lauder on the south the land of the deceased Robert Bridin on the north, a house which was inhabited by the deceased William Chepman natural son of the deceased James Chepman father of the said deceased Robert Chepman with pertinents lying in the said burgh and regality near “Kirk¬vynd ” between John Chepman and Roger [Mur]ray together with the following annualrents viz. twenty [shillings?] uplifted at two terms (whitsunday and martinmas in equal portions) on a house then occupied by [Robert?] Melross on the said tenement of land in “lie Pelgait”, also 20 shillings uplifted and taken annually from the tenement of William Chepman on the west side of the said tenement and 12 shillings uplifted at the said [terms?] from the said house inhabited by the deceased William Chepman between the house of the deceased Roger Murray on the south and the dwelling house of the said John Chepman on the north with all their perti¬nents by “fixelle et tenelle alias stapill” in tenor of the evidents of the late master John Chepman. John Keyne asked instrument done on all the said lands, tenements, crofts one by one at around one pm before John Chepman, John Mynto, Andrew [Baxstar?], David Mithag.

252.Sir Thomas Wodes (p/t) [curate?] of the Forest 15 Jan 1542/3 (p/t) sir William Bridin vicar (p/t)… [rest of instrument fragmentary or missing].

253.Besseca Smyth and Janet Smyth 30 Jan 1542/3
Instrument narrating that, after deliberation of an inquest of worthy burgesses of the burgh of Selkirk and the reading out and showing of old evidents of the deceased John Smyth, John Bridin bailie vested as heirs of the said John Smyth his young daughters viz [Janet?] Smyth and Besseca Smyth, by earth and stone, in and to his tenement lying near Halleuoll hill with the tenement of George Jamesone on the east, the tenement of the heirs of the deceased John Scot on the south, the kings street called Kirk vynd on the west and the tenement of Janet Smyth on the north with yard thereto. John Scot on the part of Janet and Besseca asked instrument done around one pm (rest illegible).

254. David Haw son and heir of the late John Haw burgess in Selkirk 31 Jan 1542/3 Instrument narrating that, after the deliberation of an inquest of worthy burgesses and reading out and showing of old evidents of the deceased James Haw and the deceased John Haw his father, John Bridin bailie vested David Haw his son as lawful heir, by [“sepillam et stipulam” bale and straw?] and delivery of earth and stones, in and to his tenement with yard and croft and husbandlands thereto in rindaill and lying in the fields with the yard of Thomas Mynto on the east, the kings street on the south, the croft of Thomas Mynto on the west and the Ettrik water on the north side of the tenement. David asked instrument done on the ground of the [chief tenement] around 1pm before John Scot, David Todrig, William Portuus, Thomas Mynto, Thomas Bridin, James Haw, Stephen Hawe and others.

255.Mynto same day
John Bridin vested Thomas Mynto in all [the tenement]of [old?] John Mynto by [bale and straw?] and as lawful heir to the de¬ceased David his (p/t) lying in the Volgait with James Doby on the east, the said kings street on the [south], the tenement of David Mynto on the west and the heirs of James Keyne on the north according to the tenor of the evidents of the deceased David Mynto. Witnesses as above.

256.Downalde on the part of Walter [Scot of Edschaw] last day of February 1542/3
“Villiam Downald schirjeand to Valter Scot of Edschaw presentit twa horss in presens of James Helme Villiem Trumbull and Jhone Downe merchand burgess of the burgh of Selkirk and humely request thaim to appriss twa horss to the valour be the aycht of fidelite thai haif maid to the gilcth brether heids and the saidis appri¬sairis considerit the said twa horss ane vas ane quhit blynd auld horss be thair fath apprisit to xxx [30] shillings the tother of thaim vas a lytill auld naig [fundit?] the forder feit schot all out skauclie mycht gang to the valour of x [10] shillings this beand don for resonabyll causs questeones and p[ar]rellis the said Villiem Downald in nayme of Valter Scot askit instrumenttis at James Helme forgis” around 1pm before Archebald Broun, Robert Vogan, Paul Helme, William Yong.

[Next page blank]

257.[273 is the start of this instrument]…of their own free will resigned purely and simply from him his heirs and assignees the annualrent of 14 shillings usual money uplifted annually and taken at two terms of the year viz. whitsunday and Martinmas by delivery of one penny in the hands of John Bridin bailie and after which the bailie gave sasine to Thomas Morlaw and his heirs.
Thomas asked instrument done on the ground of the same around 7am before John Lermoncht, William Swanne elder, James Melross, John Smaill and others.

258.James Keyne pro prius [dactis?] suis de novo reformat[em?] 13 April 1543
Instrument narrating that, after reading out the evidents of the deceased William Keyne, James Scot one of the bailies of Selkirk vested James Keyne son and heir of the deceased William Keyne burgess of Selkirk in and to his lands called Yperlaw Peicht with meadow, croft, hauch and woods thereto lying within the regality of the said burgh with the lands of Patrick Murray on the east, the croft of sir Richard Bridin on the south and Dunsdaillis on the east (sic) and the common called “Lytil common haucht” on the north. James asked instrument done around 8am before James Lumis¬dene, David Bridin serjeant, John Cruk, Quintin Yoing, William Hendersone.

259. Briden Keyne 13 April 1543
Instrument of sasine narrating that James Keyne burgess of Selk¬irk resigned his lands called Yperlaw Peicht or Harper Heucht with meadow, croft, hauch and woods lying [boundaries as 258] in hands of James Scot bailie in favour of David Bridin burgess of the said burgh and his heirs and assignees. David asked instru¬ment done around 9am before James Lumisdene, David Bridin ser¬jeant, John Cruk, Quintin Yong, William Hendersone.

260.Sir Andrew Duncanne 16 April [1543]
Sir David Scot vicar of Cavers constituted commissary by aposto¬lic authority in that part [page blank hereafter except] memoran¬dum that sir Andrew resigns the fruits [rest illegible or mis¬sing].

261. [page blank except]…8am witnesses sir Thomas Purves, Alexander Carmaig, David Ker, James (p/t), John Smail, John [Ker?].

262.David Brydin 19 May [1543]
“David Brydin passit to James Keyne presens and requirit him to seill his chairter of the landes of Yperlaw and he suld seill his reversion and vas riddy to deliver the rest of the mony and noumerit it [£10 4s] less and he had resavit [£20 3s] and the said James vauld nocht resave the remanent nor seill the chartour of that ilk landes David Brydin is in to possession and hess [unkit?] saun and maid the dikis and protestis the bailies that thai causs him to brouk his possessione efter the laufull re¬signatione”. David asked instrument done around (p/t) before James Scot, John Bridin bailies, William Portuus, John Scot, sir Richard Brydin chaplain, David Brydin younger, John Cruk, Quintin Yong, John Loremur.

263. Patrick Murray of Fallawhill 12 May [Text ends here. Sketch of hand pointing to title]

264. Bridin Bridin 20 May 1543
Instrument of sasine narrating that John Lumisdene burgess of Selkirk resigned in hands of James Scot bailie his tenement lying in the said burgh near “Purchess puyll” called “Caponlandes” with the kings street which leads to Peilhill on the south, another tenement of Andrew Loucht of Caponlandes on the west and the tenement of Thomas Mynto on the north in favour of David Brydin flesher in life rent and John Brydin his second son and their heirs and assignees paying yearly burgh ferme and an annual rent to Adam Ker in Schawe. David and John asked instrument done around 4pm before John Bridin, David Jonsone, James Downaldsone.

[Next page blank]

265.Patrick Murray [page badly worn on top half]
Instrument narrating that [Gled?]stanes burgess of (p/t) binds himself, his heirs and assignees [to pay 16] merks scots to the honorable man (p/t) or his cessioner Katherin Gray spouse of the deceased (p/t) for “hir terss of ane husbandland” if they [are shown?] before the Lords Councils or the lords legislature of the town of Edinburgh also the said Patrick presented sir Andrew Duncanne as surety for Alexander Lauder if it happens that he is directed to pay the said said Katherine or her assignees the said 16 merks by decreet of law. Before payment of the same sum the said sir Andrew Duncanne and Patrick Murray brought a firm cau¬tion in writing from Katherine Gray and her spouse that they would repay the said sum of 16 merks to the said Alexander and his heirs immediately after the death of the said Katherine without delay and protest, under [the penalty?] computed. Patrick [Murray] and Alexander Lauder asked instrument before witnesses (illeg) sir Andrew Duncanne, John Michelhill, Adam Ker, (illeg) James Bradfut.

266.Lauder
On which day “Alex Lauder protestis that (illeg) as tak of (illeg) husbandland has (illeg) and …aucht to joiss and brouk the husbandland as vas laufully maid and solemle (p/t) [Murr]ay of Fawlawhill” and asked instrument before above witnesses.

267.Keyne and Brydin 19 May 1543
Sir Richard Brydin has received [£25] scots, according to the tenor of a reversion sealed by the same sir Richard, for the redemption of a tenement of James Keyne near Fulbrig and Helen Brydin by the same alienation to the said Richard [and] by which sum the said sir Richard considers them to have paid in full and instantly he delivers to James and Helen his spouse a charter instrument and all his interest in the said tenement with croft and yard thereto and renounces [it] purely and simply before witnesses [and] cuts [ “abscidit”] the said evidents. [Done] around noon before John Brydin bailie, John Collene, John Mynto, William Portuus, David Bridin serjeant.

268. Keyne and Brydin his wife [same time and day as above]
James Scot bailie vested a new sasine in and to the north side of the tenement yard and croft and the rest of the tenement in favour of the said James [Keyne] and in life rent to his wife Helen to be held as before according to the tenor of the new and the old evidents which were held by them or their ancestors. The said James and Helen asked instrument before above witnesses.

269.Sir John Michelhill chaplain 2 April 1543
Instrument narrating that Patrick Murray of Fallawhill and lord of certain husbandlands in Selkirk gave and assigned to the venerable man sir John Michelhill, for his devotion to prayer, a portion of one croft for building and a yard for his life time lying near the kirkyard with the yard of Janet Brydin on the east, the yards of Margaret [Vob?] wife of John Chepman, Robert Chepman, Robert Melross on the south, the arable lands of Patrick Murray in hands of William Scot on west and the rest of the said croft on the north. Sir John asked instrument in the fore chamber of James Bradfut done around 3pm before James Ker of Brigheucht, James Bradfut, James Vilkesonne, David Hoppringill second son of James Hoppringill,Alexander Crawe, David Todrig.

270. Todrig 6 April [1543]
David Todrig came to the personal presence of master Michael Scot and humbly asked a claim of Simon Fairle just as he had faithful¬ly promised on a certain date and the said master replied that the said David had [received it] and David alledged that he had only rendered to him the instrument and protested that it turned in prejudice to him. Before John Down, John Michelhill, George Michelhill (illeg).

271. Symsone of Cassilstairis 8 April 1543
John Symsone came to the personal presence of John Bridin of the Well and there in presence of witnesses underwritten discharged the said John that he should not concern himself with nor occupy his husbandland thereafter under the penalty computed. John Symsone asked instrument done around 7pm before Walter Scot provost of Selkirk and Thomas Bridin.

272. Bridin of the Well same day
John Brydin of the Well humbly replied to John Symsone that he never held occupation of the said lands from him in assedation nor paid ferme to John in his time by reason that he denied occupation of the said lands. John Brydin asked instrument before above witnesses.

273. [Mor]lawe and Curror Chepman 13 April 1543
Instrument od sasine narrating that John Bridin bailie at request of John Curror and Janet Chepman his spouse came to a tenement in Peilgait with the tenement of John Morlawe on the east, the Bog on the south, the tenement of Janet Lermoncht on the west and the kings street called Pelgait on the north and there the said John and Janet …[see 257 for second half of this instrument.]

274. Bridin Keyne 19 May 1543
Instrument of sasine narrating that James Keyne and Helen Bridin his spouse (lady in conjunct fee of the north part of the tene¬ment croft and yard) resigned in hands of James Scot bailie a tenement with croft and yard thereto lying on the south side of the burgh of Selkirk with the lands of John Thomsone on the east, the lands of Patrick Murray on the south, the “lonyng gait” [“commune arbagium”] on the west and the croft of George Chepman on the north in favour of David Brydin flesher of the said burgh. David asked instrument done on the ground of the same around noon before sir Richard Brydin chaplain , John Bridin bailie, John Colle, John Mynto younger.

275. Dunhoup 30 May [1543]
Instrument narrating that James Scot bailie, after showing of the evidents of the deceased Walter Dunhoup burgess in Selkirk, vested Thomas Dunhoup as heir of the deceased Walter Dunhoup in and to to his tenement on the south of the vennel called “Lady voll gait” which leads near Halleuolhill with the tenement of Thomas Vatsone on the east, the lands of George Chepman on the south, the yard adjoining of the servant (illeg) to sir Ninian Brydin the chaplain on the west and the said kings street on the north by earth stones as is the custom. Thomas asked instrument done on the ground of the same [near the front door] around noon before David Todrig, William Hendersone, Thomas Watsone, John Brydin bailie.

276. Marion Flecher and Thomas Flecher same day
Instrument of sasine narrating that William Flecher resigns in hands of John Bridin bailie his tenement or habitation lying in Pelgait with the tenement of the heirs of John Scot on the east, half of another tenement of the said William on the west, the Bog on the south and the said kings street north , by earth and stones, reserving the said tenement to the said William for as long as he lives in favour of Marion his wife for her lifetime in conjunct fee and in favour of his younger son Thomas Flegeare heretably, his heirs and assignees on death of the said William his father. Marion and Thomas asked instruments respectively done on the ground of the same around 9am before James Helme, Adam Pairman, James Vatsone .

277. William Flecher younger on the which day William broke a sasine from an earlier date.

278. Davidsone 16 June [1543]
Part of an instrument of sasine narrating that Andrew [ or David elsewhere] Davidsone son and heir of James Davidson of Battis resigned in hands of John Bridin bailie an annualrent of six shillings yearly, uplifted at two terms, on a tenement of Andrew Louche lying in the burg of Selkirk with the tenement of David Mynto [younger?] on the east, the kings street called Volgait on the south, the waste place of the tenement of the said Davidson on the west and the tenement of Gilbert Ker on the north, by delivery of one penny, in favour of [Margaret?] Davidsone…(rest of instrument torn).

279.Curror and Curror 3 July 1543
John Curror and Janet Chepman his spouse conjunctly assigned and tacked a portion of their lands of the place of “esthanyng” lying on the north side of the same with the [land?] of Janet Scot heir of John Scot on the east, the lands of Walter Scot on the south, the lands of Marion Notman on the north and the loch on the west in favour of William Curror their heir, provided that John and Janet pay to William Curror his heirs and assignees £3 usual money and 5 shillings as is specified in a reversion and in a warranty clause of the same.
The bailie James Scot at the request of John and Janet his spouse [came] to their tenement in Pelgait and there on the ground of the same they resigned and annualrent of five shillings uplifted yearly on the same…(rest of instrument torn).

280. Entry of John Bradfut 5 July 1543
Instrument narrating that, after showing of the evidents of the deceased William Bradfut burgess of Selkirk, James Scot bailie of Selkirk vested John Bradfut son and heir of the deceased William Bradfut in and to his tenement with yard lying on the north side of Pelgait with the tenement of John Mithag on the east, the tenement of James Helme on the west, the kings street on the south and the lands of Patrick Murray on the north. John asked instrument around (p/t) pm before Thomas G(p/t) ,(p/t) Mcduell, John Dristar, Robert Yong.
Noting that it lies under a reversion of £7 with a tack for three years after relaxation paying yearly 14 shillings to James Brad¬fut his heirs and assignees.

end of part one

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