CURIOSITIES FROM THE BURGH COURT RECORDS OF INVERNESS.

1st OCTOBER 1621 TO 17th APRIL 1637.

The volume examined ranges over the above period, and contains a great variety of matter, some of little or no interest now; and, of course, in such Records there is, as might be expected, a great deal of sameness; we have, therefore, as set forth above, made some extracts of what we considered the most interesting and curious.

Quarrelsome Neighbours.

Our first extract is one of common occurrence, and similar ones might be picked out of almost every second page. Alexander Cumming and James Cumming, both burgesses of Inverness, quarrel. Mutual friends became security for each that they shall keep the peace and do one another no harm, under the penalty of 300 merks. In some instances the penalty is larger, and in others smaller, just according to the circumstances of the individuals:—

"The Head Burgh Court of Inverness after Michaelmas, held within the Tolbooth of the same by James Cuthbert of Easter Drakies, Provost, Andrew Fraser, Wm. Paterson, elder, Bailies, conjunctly and severally, the 1st day of October, the year of 1621 years, the suits called, the Court fenced and affirmed as use is: That day, Wm. Gray in Inverness is become acted surety, cautioner and lawburrows for Alexander Cumming, burgess there, that James Cumming, burgess of the said burgh, shall be harmless and skaithless of the said Alexander, in his body, goods and gear, in all time coming, otherwise than by order of Law and Justice, under the pain of 300 merks money, and the said Alexander is become acted for his said cautioner's relief, whereupon took Act of Court."

(Signed) "James Duff, Clerk."

"That day William Robertson, elder, burgess of Inverness, is become acted surety, cautioner and lawburrows for James Cumming, that Alexander Cumming shall be harmless and skaithless of him, in all time coming otherwise than by order of Law and Justice in his body, goods and gear, under the pain of 300 merks money, and the said James is become acted for his cautioner's relief, whereupon, &c.

"The Justice and Burgh Court of the Burgh of Inverness, held [as above] the 25th day of October the year of God 1621 years, the suits called, the Court lawfully fenced and affirmed as use is."

Results of Drunken Row.

We have here rather a curious mode of challenge. The parties cut a quantity of straw, each taking a half, and then retire to the Dempster Gardens to test their strength. Forms of challenge vary much. There is the gentlemanly way of throwing down one's glove or gauntlet, the biting of one's thumb as in Romeo and Juliet, and boys have their modes as well as their elders. We remember a common one in Inverness some twenty-five years ago, was to count an opponent's buttons, those of his waistcoat, and then slap him in the face. Another mode was, if any two were egged on to try their strength, the one gave the other what was called fuge. This was done in the following way:—A friend or second of one of the opponents said, 'Will you fight him?' The answer, of course, was 'Yes.' The friend then stretched out his right arm and said 'Spit over that.' This being done, he was requested to follow up this procedure by giving his antagonist fuge, or a blow. The combatants, after either of the above formalities, retired with their respective friends to some unfrequented spot as the Barnhill or Longman, and there had a fair open set-to. No unfair advantage was permitted, and after a few rounds the affair was over, and the parties became friends again, or the trial of strength was adjourned to be renewed at some future period. Unfortunately, however, for some of us boys if our then teacher got a hint of what was going on, which, somehow or other, he invariably did, then all concerned, both onlookers and combatants, got a good flogging right round.

It will be observed that the Magistrates of those days, who then had far more extensive powers than now, dealt in a very summary manner with the murderer. The Heading-hill was the elevated part of Muirfield. Burt, a century later, gives a graphic account of an execution he once witnessed there:—

"Thou, John Williamson Skinner, art indicted for the cruel slaughter and murder of the late Murdo M'Ay vic David Robe in Culloden, which you committed yester-night, being the 24th of October instant, upon the fields of Easter Dempster within this Burgh, after you being drinking in William M'Andrew Roy, his house, boasted, and gave evil speeches to the said late Murdo appealled (i.e., challenged) him to the singular combat, and cut a quantity of straw and delivered the one-half thereof to him, and put the other part thereof in your purse, which was found with thee, whereupon you passed forth immediately out of the said house and took thy sword and targe with thee and followed the said late Murdo to the said field, where thou onbeset (set on) him, and with thy drawn sword sticked and struck him in the belly, whereof he departed this present life immediately thereafter, you being taken with red hand, remain yet incarcerated therefor: Wherethrough you have not only committed cruel murder and slaughter, but also been offering of singular combat, express against his Majesty's Laws and Acts of Parliament, which you cannot deny, and therefore you ought to die.

"That day the said John Williamson being accused on the said dittay in judgment, by Finlay M'Ay vic David Robe and James M'Ay vic David Robe, brothers to the said late Murdo, denied the same, therefore desired the same to be remitted to the trial and cognition of an assize, as he who was panelled, whereupon, &c.

"Names of the Assize—John Cuthbert of Auld Castle-hill, Chancellor; James Waus; James Cuthbert, elder; William Robertson, elder; Alexander Paterson; James Cuthbert in Merkinch; Andrew Fraser, merchant; Thomas Robertson, David Watson, Alexander Taylor, James Cuthbert Jamesson, Patrick Anderson, Jasper Cuthbert, Robert Neilson, Thomas M'Noyiar, William Gray, Robert Moncreiff, William M'Conchie, merchant; William Stevenson, Francis Bishop, James Stewart:

"That day the foresaid haill persons of assize being all sworn in judgment and admitted, and after trial and cognition taken by them of the said crime, have all in one voice convicted and filed the said John Williamson to be the doer thereof; pronounced by the mouth of John Cuthbert of Auld Castle-hill, Chancellor of the Assize, whereupon, &c.

"That day the judges ordain the said John Williamson to be taken to the Heading-hill and there to be headed, and to sunder the head from the shoulders, for the said slaughter committed by him. Doom given thereon and ordain his haill goods and gear to be escheated. Whereupon, &c.

"That day, thou William Reid M'Andrew Roy in Inverness, art indicted for the art and part, and counsel, of the cruel slaughter or murder of the late Murdo M'Ay vic David Robe in Culloden, upon the 24th day of October instant, where thou with John Williamson Skinner, thy accomplice, drinking with him in your own house in Inverness, first boistit (boasted) the said late Murdo, and thereafter appealled him to the singular combat, and cut straw to that effect, thou thereafter, with the said John Williamson, passed immediately furth and followed the said late Murdo to the field called Easter Dempster, where thou and the said John Williamson beset the said late Murdo, and thou took and held him while the said John Williamson struck him, like as thou also with a knife you struck him in the womb, of the which strikes (blows) the said late Murdo immediately deceased, which you cannot deny, and therefore thou ought to die.

"That day the said William Reid M'Andrew Roy, being accused on the said dittay in judgment by Finlay M'Ay vic David Robe and James M'Ay vic David Robe, brothers to the said late Murdo, denied the same, therefore desired to be remitted to the trial and cognition of an assize. Whereupon, &c. [Names of the Assize as above set forth.]

"That day the foresaid haill persons of Assize being all sworn in judgment, and admitted, and after trial and cognition taken by them of the said crime, have all in one voice absolved and made free the said William Reid M'Andrew Roy, pronounced by the mouth of John Cuthbert of Auld Castle-hill, Chancellor of the Assize in judgment. Whereupon, &c.

"That day the judges absolve the said William Reid M'Andrew Roy from the said crime. Whereupon took Act of Court and instruments.

(Signed) "James Duff, Clerk."

Solemnities connected with the Admission of Burgesses.

Burgesses, two hundred years ago, had great privileges within Burgh and had likewise proportionate duties to perform. Many cases like the following have come under notice. In some instances the sums paid are larger, and in some much smaller. Sometimes, however, a person is admitted a burgess without fee, because of the usefulness of his trade or profession, and occasionally as now the honour was conferred on some one of high rank or reputation.

It will be noticed that the newly admitted burgess is to maintain and defend the true religion presently preached within this kingdom. Almost every newly elected burgess had to treat the Magistrates and Town Council to cake and wine, and sometimes to something more substantial, and also to give certain fees to the burgh officers.

"The Burgh Court of the Burgh of Inverness, holden within the Tolbooth of the same by James Cuthbert of Easter Drakies, Provost; Duncan Forbes, Andrew Fraser, notary; and William Paterson, elder; bailies of the said burgh, the last day of October, the year of God 1621 years, the suits called, the Court lawfully fenced and affirmed, as use is:—

"That day John Paterson, merchant, gave in his petition desiring him to be admitted free burgess and guild brother of this burgh, and having tried his conversation have thought him meet to be in their society, and for the sum of ten merks money paid by him to James Duff, clerk, in their names, and as collector thereof, therefore have admitted, nominated, and created the said John Paterson free burgess and guild brother of this burgh of Inverness, with power to him to use, haunt and exercise all manner of liberty and freedom as becometh a free burgess and guild brother of this burgh use to do, in all time coming, who has given the great solemn oath, the holy evangelist touched, that he shall maintain and defend the true religion presently preached within this kingdom, and that he shall be faithful and true to the Crown and his Majesty's Acts and Statutes, and that he shall be obedient to the Provost, Bailies, and Council of Inverness, keep their Acts and Statutes, and that he shall defend them and the liberty of the said burgh with his person, goods and gear, and that he shall scot and lot, watch and ward with them and the neighbours thereof, and that he shall not hail nor conceal their hurt nor harm, and that he shall not purchase no Lordships in their contrar (in opposition to them), wherein if he does in the contrar, these presents to be null, as if they had never been granted, upon the which the Provost in the name of the Father, the Son, and the Holy Ghost, put the guild ring on his five fingers of his right hand, and created the said John free burgess and guild brother, with all ceremonies requisite. Whereupon, &c."

The buying of Lordships or lands without the knowledge of, or in opposition to the wish and interest of the community was a heinous sin, and the guilty party was always disburgessed, which then meant ruin.

The Stamping of Leather.

Inverness, from an early period, was noted for trade in hides and leather. Before the opening up of the ready facilities now afforded twixt the West Coast and the south by steamboats and railways, the Highland Capital was the chief outlet for all the produce of the Western Isles and North Highlands, and consequently dealt largely in an export and import trade. The export consisted chiefly of fish, tanned hides, leather, and gloves; while the imports were wines, groceries, iron, ammunition, &c. This trade was, as a rule, with foreign parts, and principally with the Netherlands. Indeed, in early times because of the feuds twixt England and Scotland, the latter was on a much more friendly footing with Spain, France, the low countries, and Denmark than she was with the sister country, and hence probably the old song—

Oh, have you any broken pots, Or any broken branders? For I'm a tinker to my trade, I'm newly come from Flanders!

Leather and tanned hides were exciseable, and hence the following appointments:—

"At Inverness the 2d day of the month of November, A.D. 1621, in presence of James Cuthbert, Provost; William Paterson and Duncan Forbes, bailies:—That day Mr Samuel Falconer of Kingcorth, and Alex. Forbes, servitor to my Lord Duke of Lennox, commissioners appointed by a noble Lord, John Lord Erskine, for establishing keepers of the seal for sealing and stamping of leather and tanning of hides; by these presents have nominated and appointed Andrew Fraser, notary, burgess of Inverness, keeper of the said stamp and seal, within the burgh of Inverness and bounds thereabout following, to wit—from the shire of Nairn at the east, to the height of Strathglass at the west, including the priory of Beauly therein, with the lands and bounds of Urquhart, Glenmoriston, and Badenoch, Abertarff, Stratherrick, Strathdearn, Strathnairn; who has accepted the same and given his oath pro fideli administratione, and to be accountable to the said noble Lord or his deputes for the same as law will, and this present commission to stand to the Feast of Whitsunday next to come 1622 years allenarly. Whereupon took Act of Court.

(Signed) "James Duff, Clerk."

"That day the said Mr Samuel Falconer of Kingcorth, and the said Alex. Forbes, servitor to my Lord Duke of Lennox, commissioners appointed by a noble Lord, John Lord Erskine, for establishing keepers of the seal for sealing and stamping of leather and tanned hides, by these presents have nominated Robert Dunbar, Tutor of Avoch, keeper of the said stamp and seal within the haill bounds, lands and parishes of the diocese and commissariat of Ross (the priory of Beauly only excepted), who has accepted the same and given his oath pro fideli administratione, and to be accountable to the said noble Lord or his deputes for the same as law will, and this present commission to stand to the Feast and Term of Whitsunday next to come, 1622 years allenarly. Whereupon the said Alex. Forbes asked and took Act of Court.

(Signed) "James Duff, Clerk."

An Illegal Proceeding and its Punishment.

"10th April 1622.—In presence of James Cuthbert, Provost; Andrew Fraser and Duncan Forbes, bailies of said burgh—

"That day John Cuthbert Johnson being accused by Catherine Dunbar, spouse to Francis Brodie, for the riot committed by him this day,—viz., she being in her own booth, opposite the cross, in the morning doing her lawful business, the said John came to the booth door, closed and locked the door and enclosed her and her servants therein, and carried the keys thereof with him, and thereafter immediately he passed to the dwelling-house of the said Catherine, and there closed four doors, and took away the keys with him, whereby she was constrained to cause break up the booth door, and to let her and her servants forth, to her great prejudice.

"That day compeared the said John Cuthbert and confessed the premises, alleging he did the same upon presumption and information, that she was taking some goods, gear, and plenishing furth of the said booth privily, which pertained to the late William Cuthbert his brother, which he remits to the Judge's Interlocutor.

"That day the foresaid judges ordain the said John Cuthbert to remain in ward, aye and until they take order with him, and decern him, in like manner, to come to the booth and deliver the keys to the said Catherine Dunbar; and, in like manner, to come to her house, and there to deliver the other four keys, and to confess his offence, and ordain him to pay for his riot, committed by him, to the Town's Treasurer, fifty pounds money, and to remain in ward until he pay the same. Whereupon took Act of Court.

(Signed) "James Duff, Clerk."

A Drunken, Pugnacious, and Disorderly Tailor.

It will be observed that he is not held responsible for his conduct during drunkenness. The punishment is certainly severe, and he must have been an incorrigible individual if the "thief's hole" did not suffice, as from later accounts it was such a nuisance that on more than one occasion a cart load of peats had to be burnt therein to make the place sweet:—

"9th July, A.D. 1622.—In presence of William Paterson, senior, one of the bailies of the burgh of Inverness:—That day Thomas Paterson, tailor in Inverness, is become acted, in the Burgh Court books thereof, voluntarily, of his own free motive and will, that if ever he offend any person or persons within this burgh, either by word, work, or deed, before or after drunkenness, that he shall be taken to the thief's hole within the Tolbooth of Inverness, and there to remain for the space of twenty days, and thereafter to be taken to the Cross, and there to be punished as a public offender, and to be banished out of the said burgh for ever; and if ever he be found in the said burgh after his banishment, in that case to be taken to the Water of Ness, and to duck him there, and thereafter to put him in ward until he die. Whereupon Robert Sinclair asked and took Act.

(Signed) "James Duff, Clerk."

Curious Punishment for the Abuse of the Constituted Authorities.

"At Inverness the 2d day of the month of September, A.D. 1622, in presence of James Cuthbert, Provost; Andrew Fraser, William Robertson, senior, and William Paterson, senior, bailies of said burgh:—That day the foresaid judges decern and ordain Anton Anderson for the back-biting and slandering of Andrew Fraser, bailie; and Alexander Logan, notary, for saying to them that the said persons have sold him to his contrar (opposite) party by seeking out of his decreet; and also for boasting (threatening) and menacing of the said persons, is decerned in twenty merks money; and likewise shall come to the Cross by ten hours on Saturday, in presence of the magistrates, conveyed by the officers from his own house, and there shall confess in presence of the haill people his offence, as likewise shall come two several Sundays in white suits; and last thereof, shall come down in presence of the haill congregation and confess his fault, and to remain in ward until he obtain pardon for the same, under the pain of two hundred pounds.

(Signed) "James Duff, Clerk."

An Unfortunate and Ill-Matched Couple.

It would seem that the heinousness of the misdemeanour was increased because of the presence of strangers. The probable punishment of the female would be the ducking-stool, which, to the terror of all beholders, occupied a prominent position about the centre of the Bridge Street, on the right hand going towards the bridge from the Cross:—

"That day John Christie and Janet Robertson, his spouse, for their riots committed by them on one another, these divers years bygone in back-biting, slandering, and abusing of one another with vile speeches, and in dinging (hitting), hurting, and bleeding of one another, and specially upon the last day of August last by passed, ye both enterit (attacked) one another, on the High King's Causey in presence of divers strangers, and there the said John Christie dang (hit) his said spouse, torrit (tore) her head, and kust (cast) her churge (cap) in the mire, and cast herself in the mire and tramped her with his feet; and likewise she in the meantime took her said spouse by the gorgit (throat), and in the craig (neck), most odious to be seen; therefore the said John, for his fault, is decerned in twenty pounds money, and to amit (lose) his liberty for one year, and in case he be found to commit the like fault in any time coming, to pay forty pounds money toties quoties, and in like manner remit the punishment of the said Janet Robertson for drunkenness and misbehaviour to the censure of the kirk. Whereupon, &c."

ALEX. FRASER.

(To be Continued.)

Mr H. L. Rolfe, the celebrated Irish painter, has just finished a large natural history picture, entitled "A Border Feud." The scene is laid on a Scotch loch. An otter has succeeded in taking a salmon, which it has just commenced to devour; an eagle is flying away, having been disappointed of its prey. This last effort of Mr Rolfe's is the most successful which has yet appeared from his studio.

The Christian Knowledge Society is bringing out a revised edition of their Gaelic translation of the Book of Common Prayer.