Urquhart and Glenmoriston
Olden Times in a Highland Parish

[545]

(PAGE 449). BARON COURT RECORDS.

I. PROTECTION OF WOODS. [Original at Castle Grant].
Ye Court haldin ye 19 day of July, 1623.

Cutteris of grey woudis in Wrqrt [Urquhart].
THAT day It was statutit and ordinit yt na persone nor personis wtin the boundis of Wrqrt & Corimonie fires, cutt, peill, distroy, sell, dispon, ony of the woudis of ye saidis boundis, wtout leif or altolierance haid & obtenit of ye Lard or his bailzie wnder ye pean of XL lib. [£40, Scots] toties quoties.
Wm. MeAlister is decernit & ordinit to attend & keipt ye hail! woudis and haidgis wtin his boundis of Lochietter, & be answer able for ye samyne, in tyme cuming in maner & wnder ye peanis above writtin, & yt he sail mak na garthis wtin ye saidis boundis, he him self nor na vtheris dualling wtin his boundis, wndir ye peanis forsaidis, nor dispone, bot sik as sal be approvit for ye countrie pepili or ye bailzie in his name.
James Cuming [Dulshangie] actit in maiier forsaid for all ye woudis & haidgis wtin his boundis efter ye forme of ye act aboue-writtin in all pointis.
James Grant actit in maner forsaid for all ye woudis & haidgis wtin his boundis, efter ye tennor of ye act aboue-written in all pointis.
Rot. Cuming actit in maner forsaid for all ye woudis & haidgis growand vpone ye boundis & landis of Pithurreli [Pitkerrald].
Jon. McAlister & Wm. McKintaggart actit in maner forsaid for all ye woudis & haidgis growand vpone ye boundis & landis of Mid Inshbrein.
Rot. Grant actit for ye woudis of Schouglie and Meaklie in maner forsaid.

[546] Patk. McEan and Gregor McAlister duy actit as saidis for ye woud of Learnenye (Lenie ?) & Kyl St Ninian.
Dond. McEan dow, Findlay Caine McEan dow, tenentis in Bealloid [Bunloit] actit in maner forsaid.
Jon. Keir McConkchie and Duncan McRobert actit in maner forsaid for the waster [wester] woudis of Bealloid, & ye widow for her awin pairt.
Jon. McEachen actit in maner forsaid for the woudis of Waster Inshvrein.

II. RECOVERY OF DEBT. [Original at Castle Grant]
The Court of the richt honoll. James Grant of Freuquhie, holdin be himself and James Grant, Ouchterblaire, his bailzie, at the Castell and Maner Place of Wrquhart, ye penult day of Februar 1648 yeires: the suits callit, ye Court lawfullie fencit & affirmit as use is. Mr Duncan Makculloche, Minister of Wrquhart, desyrid yat my stipend, crop 1647 yeires, and yeirlie in tyme coming, extending yeirlie to ye sowme of ten markis in everie pleuche of ye Lordschip of Wrquhart, and in toto yeirlie to ye sowme of be decernit to be payit to me for this crop 1647 within terme of law, and for payment of ye same my stipend at the rate forsaid everie pleuche yeirlie in tyme [coming] in everie crop according to ye ordor and termes of pay vsit and wount; and yat decreit be pronuncit yranent for poynding, and that ye Bailzie concur and assist ye officare in poynding for my payment yis yeir for crop 1647, and yeirlie for lyk in tyme coming, according to iustice. Penultimmo July [sic; but probably error for February] 1648. Decernit Judiciallie.’ At this period the minister’s stipend was paid by the tenant., and not by the proprietors, as now.

III. PROSECUTIONS FOE CUTTING WOOD AND SWARD, AND SLAYING DEER, REA, BLACKCOCK, AND MOORFOWL.

Decreit off Barron Court contra the Tennents off the Barronie off Comar ffor grein wood, sward, deare, Rea, &c, holdin be Corrimonie, bailzie deput, 14 & 16 ffebrii 1691. [Original at Erchless Castle.]

Ane Barrone Court off the Barronie off Comar, Holdin at Comar the Thirteint day of ffebrii 1691 yeires Be John Grant off Corrmonie, Bailzie deput off the said Barronie conforme to ane Comissione off Bailliarie granted be Sir Alexr M’Kenzie off Coul [547] and Sir Rodorick McKenzie off ffindone, as haveing right be apprysinges and vyr [other] legall tytels standing in their persones agst the ad esteat and Barronie off Comar with the haill tytells and jurisdictiones yrof, To John Chisholme eldest lawll sone to the deceast Alexr Chisholme off Comar, and his deputs, ane or mae, ffor whom he should be answerable, and be which Commissione the said Baillie and his deputes are authorized be the saides Sir Alexr and Sir Rodorick McKenzies to seit and conveine befoire them, all and sundrie the hail! tennentes and oyres [others] within the said Barronie, and to ffyne and amerciat ym according to Law, as the said Commissione, off the dait the ifourt and ftyft dayes off Jenuary 1689 yeires beares, And the said John Chisholme con forme to the said Commissione, haveing nominat the said John Grant to be his deput who accepted yroff, and the samyn tennentes being all summond to this day and place, be the officer off the said Barronie, he made choice off me George Grahame notar publict under subscribing to be his clerk, and Christopher McKra in Comar to be his ffyscall conforme to the said Comissione who gave yr oath de ffideli administratione, And efter Reiding of the said Comissione, calling off the suites and ffenceing off the Court in the usuall maner, and calling oft the hail tennentes of the said Barronie sua sumond be the officer to the said dyet, and the claime givin in be the saide pror ffiscal agst them ifor the reasones and causes efter rehearst, did pronunce and give ffurth his sentence against the saides tennentes in maner under written viz.:— The said day Donald Mcewin Mconill vick onill vick neill in Glencannich Being complained upon be the ffiscal ffor cutteing off grein wood grein suard, killing of deare and rea, blackcock and moorefoules, who being solemnly sworne interrogat deponed yt he neither killed deare or rea, blackcock or moorefoules; But confest to be guilty of cutteing off grein wood, and grein suard, and theirfoire the bailzie deput amerciate the said Donald in ffyve pound scottes money, to be payed to the ffyscall within tearme off Law.

Collin Mcomas oige in Wester Knockfin, Alex. Mcrorie their, Donald McWilliam duy their, John Roy McWilliam vick neill yr, Rorie McEan vick rorie yr, John Roy McGillespick yr, Alexr Mcfinley Buy yr, Thomas Mconill vick indire yr, Donald Mcean vick alister Rioch yr, John Mcalister Rioch their, Andro mc rorie theire, and Donald McEan vickqueine yr, Being also complained upon be the ffiscall ffor cutteing off grein wood peiling off tries, grein suard, killing off deare and Rea, blackcock and moorefoules, and being all solemnly sworne, deponed as followes, viz.: — The said Collein Mcomas confest the killing off deare, rea, blackcock [548] moorefoules, [cutting of] grein wood and groin suard, and peiling off Bark, and ifyned yrfoire be the baillie deput in Twentie pund scottes. The said Alexr Mcrorie also solemnly sworne confest Lykwayes cum praecedente, Collin Mcomas in omnibus, and yrfoire ifyned in the alyke soume oft Tuentie pundes: The said Donald McWilliam being solemnly sworne confest the cutteing off grein wood grein suard and peiling off bark, and denyed the killing off deare and rea, blackcock and moorefoules, and theirfoire the bailzie deput ffyned him in ten pundes money fforsaid.

            *             *             *.             *             *             *             *

IV. REGULATIONS FOR SUPPRESSION OF CATTLE-LIFTING.

Actes off Barron Court off the Barony of Comar, holdin be John Grant of Corrimonie, 16 ffeby. 1691. [Original at Erchless Castle.]

The whilk day it is inacted, statut, and ordained be the said Baillie deput, That in caise ony theives or robbers pass thorrow the said Barronie with ony stollin goodes [cattle], or be recepted or harboured be onv off the tennents within the samyn, or make ony incursiones or depredationes within the said Barronie, or uyr wayes recept any off the goodes sua stollin, or be in accessorie to, or correspond with, the saides theives, or gae allongst with ym, yt the rest of the inhabitantes off the said Barronie imediatly yrefter and without delay make intima’o’n yroff to the said John (Jhisholme, principall bailzie, or to his officer, to the end the countrey may be freed of such illegal! and base acts ifor the ifuture; and in cais they ifaill to make tymeous intima’o’n as said is, and yrefter the crymes above mentioned be instructed and made out agst any off the inhabitants within the said Bar ronie, they are instantly to content and pay tuentie punds toties quoties, and also uyr wayes to be punished according to the Lawes and Actes of Parliat. made yranent, Provydeing allwayes the saides tenxientes or ayr [either] of them be knowin to the saides crymes, or the samyn instructed agst ym, and no oyr wayes:

And fforder it is macted, statut, and ordained that in cais any theives, wagabondes, robbers, or oyr louse men come to the said Barronie to make any incursiones or depredationes yrin, that the hail! tennentes and inhabitantes yrin be instantly reddie with yr best armes, and all the assistance oyr wayes they can have, to defend agst such persones, under the penaltie off Tuentie pundes toties quoties, without any defalcatione; And sicklyke, It is lyke wayes statute and ordained that in cais yr be any goodes. stollin ffrom any persone or persones within the said Barronie, That [549] imediately yrefter, and upon ane call, the whole next adjacent neightboures off the persone or persones so injured instantly goe with him in search and track off the samyn goodes, under the penaltie off Ten pundes, to be payed to them toties quoties as the samyn occures, and they refuse to goe, and the Officer off the Barronie heirby impowered to poynd the contraveiners ffor the saides penalties, and make the same fforthcomeing to the bailzie efter poynding yrof.

                                                                                                                        (Signed) JO. GRANT.

V. DEFORCEMENT, AND DRUNKENNESS.

Baron Court of Comar, 26 May, 1692. [Original at Erchless Castle.]

The whilk day anent the complaint given in be the said Christopher McKra, ffiscall, agst John McWilliam Vick Neill in Wester Knockfin, for and anent the deforceing off Kenneth Meinteire, Officer, being poinding some sheepe ifrom the said John McWilliam Vick Neill for payment off his dewtie [rent] to his maister [proprietor] and the said John haveing masterfully deforced the said officer by keeping back the said sheepe sua to be poyndit, Therfoire the bailzie has fyned and amerciat the said John in the soume of Ten pundes Scottes money ffor the said deforcement, and ordaines him to make payment yrof to the said ffiscall within tearmes off law.

The said day anent the grievance given in agst hugh Me hutcheone Vickonill in Glencanich for and anent his exorbitant drinking off aqua vytie, and yrby dilapidateing his means by his intemperance, qrby he is rendered unable to pay his dewty [rent] to his maister [proprietor]; the bailzie haveing considered the said greivance, heirby statutes and ordaines that what ever aqua vytie merchands shall sell or give above ane haiff mutchkin aqua vytie to the said Hugh, the said aqua vytie shall be confiscat, and iff the said Hugh force ony more yn qt alowed from ym he shall be ffyned in ten pund Scottes toties quoties as he transgresses.

VI. REGULATION OF PRICES &ND WAGES.

A. Baron Court of Comar, 25th Feby. 1693. [Original at Erchless Castle.]

The said day anent the greivance and complaint given in be the hail! inbabitantes off the said Barronie ifor and anent the great extortione and exorbitant pryces exacted and takin be shoemakers and weavers ifrom the saides Tennentes and [550] inhabitantes ffor shoes and weaveing off cloth, The said Baillie did enact statut and ordaine yt after the day and dait hereoff, when the shoemaker buyes the rough hyde ifor ifoure merkes, yt then and in yt caise he sell the mens shoes for eight shilling and the womens shoes for sex shilling per pair; and when the rough hyde is bought at ifour pundes, each pair off mens shoes to be sold at ten shillings, and each pair womens shoes at eight shilling, and when the rough hyde is sold at ifyve merkes, that the mens shoes be sold at nyne shilling and the womens shoes at seven shilling, and ordainea thir pntes [presents] to be intimat to the wholl shoemakers within the Barronie, with certificatione, if they transgress, they shall be ffyned and amerciat yrfore at the discretione of the Baillie.

[No rule regarding the weavers.]

B.          Baron Court of Comar, 22nd December, 1696. [Original at Erchiess Castle].

It was lykewayes enacted statut and ordained that no weaver within the said baron have or get for weaving off ilk elne courtaines, caddes, gray cloth, or lining, but twelves poundes scottes for ilk elnes weaving and eightein poundes for ilk elne tartan or heyved playdes with certificatione to the contraveiners they shall be ffyned in ifyve pundes toties quoties, and the saides weavers, ifi’ provin to exact more yn qt above enacted and allowed, in ten poundes, and yt to be payed be the saides contraveiners withot any modificatione.

C. Baron Court of Urquhart, 31st July, 1736. [Original in possession of the Author.J

Court Pitkeraldmore, Urquhart, July the last, 1736.

In regard that a universal hardship is imposed on the Gentle men and Tenants of this countrie by the hired men and servants, both man an woman, and this is represented to the Judge: the same is to be enacted in the manner following: — That any Servant who can properly provide his master in all the materials necessary for a labouring man, is to have ten marks of wages once in the half year, and two pairs of shoes; the next best to have eight marks and two pairs of shoes, and the rest to have wages according as they are thought deserving. And as to the Women servants, such as are not otherwise bred than within the Countrie, and are not capable not to serve a Gentleman’s house exactly, are onlie to have three marks and two pairs of shoes and ane aprone in the half year. And also if anie servant living in the countrie who can gett service at Whitsunday, and suspends his engagement until the shearing [551] time, then, and in that case, they are to receive onlie half Fees — as also if anie servant naturalized in the countrie who is getting service within it desert the countrie without the special consent of the Baillie, and the testification of the minister and Elders, the said girls are never to return to the countrie so as to have habitual residence within it. Also any man being within the countrie who works for days wages is onlie to have one-third of a peck of meal, and his dinner for every days work betwixt the 1st of November and the 1st of March, and all the rest of the year over to have one half peck, and his danner onlie. As also all the Mealanders Mailers. See p. 442 supra.’ within the countrie to be required to give two days a week to his master for his danner and super, and also to give him the time preferable to any if required — and all the above rates to be observed forthwith, both by masters and servants, under the penalty of ten Pounds Scots by the master, and fyfe Pounds Scots by the Servant, upon all which the Judge promises to give the sentence upon all persons complained upon, and if the complaint is instructed, fyfe Pounds Scots money to be given to the informer. And in the case of the Masters being complained upon by their servants, who make not payment within half a year after the fee is gained, he is to be decerned against, and in favour of the servant, who is to get double of his claim, and that no servant is forced without asking the question at his present master under the within-written penalty.

                                                                                                Court Pitkeraldmore, July the last, 1736.

JOHN GRANT, Baillie.

Considering that customary Swearing and Cursing is offensive to God, and scandalous among men, Especially before any sitting in judgement, Wherefore did and hereby does enact that any person or persons guilty of the said Sins from the time the Judge enters the Court House, until! he leaves the same, shall pay one shilling Sterg. toties quoties, and his person apprehended, and keeped in custody untill he pay the same.

J. GRANT.

VIL TRIAL FOR THEFT, AND SENTENCE OF DEATH.

Baron Court of Comar, 18th Jany. 1699. [Original at Erchless Castle.]

Donald Mc alister vickoill duj, now prisoner in Wester Inverchanich, yee are Indyted and accused at the instance off James ffraser in Mayne, ane sone to Hugh ffraser off Bellindoune, and at the instance of John McConchie in Meikie Comar, and Christopher McKra, pror. ffiscall off Court, That qr be the Lawes and Actes [552] off Parliat. off this Kingdome the crymes of thift, recept off thift, corresponding with theives, are crymes in themselves punisheable by death and confiscatione off moveables, yet True it is and off verity That you, the said Donald Mc alister vickoilduj, are guilty off the saides crymes, In sua ifar as upon the Twenty Tua day off December last by past [1698] you did repaire to the ground off the Landes off Mayne and yr did most surreptitiously steal the number off tua sheepe, haveing brokin up the cott qr the said sheepe was, the ifiesh off which tua sheepe, at leist a good part yrof, was ifound in your possessione as a ffange: Secundo, Yee are Indyted and accused ifor your thiftuous stealing off ane Reid prick horned bull, belonging to Alexr. Chisholme, lait Shireff deput off Invernes, and now in Kilimuire Wester, and which was sent be the said Alexr. Chisholme to the said John Mc Conchie to be grazed in the wood off Comar, and most surreptitiously stollin be you ffurth off the said Wood off Comar in the year 1689, and pairt off the ifiesh off the said Bull and hyde off the samyn ifound with you as ane ifange: Tertio, Yee are lykewayes Tndyted and acused ifor your thiftuous stealling off ane sheepe ifrom fferqr. mc ean vick ferqr. in Wester Knockfin, in the moneth off August last, and the ifiesh yroff ffound with you also as a ffange, and yee accordingly lug marked yrfoire: Quarto, Yee are fforder acused ifor breakine up ane chist belonging to Marie Roy, your moyr. in Iaw, in the year 1689, and takeing fturth yroff ane certaine quantity off yairnc, and oyr comodity: Quinto, Vee are iforder accused ifor your thiftuous stealling and away takin ifrom Christane Neine Thomas vick William, in Wester Inverchanich, off ane chist, qr.in was yairne, pleadin, and oyr comodity, and the said chist ifound in your possessione yrefter as a ifang, you haveing made your owin use off the goodes yrin: Sixth, Yee are lykewayes accused ifor your surreptitious stealling off keall [kail] ifrom William mc ean duj. laitly in Kirktowne off Comar, and ifound with you as a flange: And Lastly, yee are accused and indyted as ane notorious theiff, and under opin bruite and comone ifame as such: And the premises being ffound to be off verity and provin be the verdict off ane assize, yee are to incurr the paynes off death ffor said yrfoire to the Terror off oyres [others] to comitt the lyke in Tyme comeing.

Ane Barrone Court holdin be John Grant off Corriemonie, baiflzie to John Chisholme off Comar, the Eighteent day off January 1699 yeires, The Court being ifenced in the usual manner, the pannell being brought to the barr, and the above written Indytement Red to him in presence of the Assyze underwritten, and the Witnesses aduced ffor proving yroff, did proceed as ffollowes [553] and yrefter the haill persones off Inquest being present, and haveing heird the pannell his owin confessione, by himself, and uyr wayes provin by the witnesses, the bailzie did Remit the samyn to the verdict off the members off assyze following viz.:

Robert Grant in Erchies Alexr.
Mc Kra in Kerrow                        
Ferqr. Mcoil vick ferqr. in Carrie
Hector Fraser in Mauld            
John Chisholme off Knockfin            
William Chisholme yr.
James Mc Ean ok in Inverchanich            
Donald Mc can vick queine yr.            
Alexr. Mc hutcheone in Clyteroy
John Mc alister Rioch yr.            
Alexr. Mcdonald off Muckerach            
Donald Mc ewin in Shallwanach
Archibald Chisholme yr.            
Alexr. Mcdonald yr. yroff.               
Robert Grant in Buntaite.

Tbe heall persones of inquest having enclosed themselves, and having put to the vote who should be Chancellor of the said Asize, they and each of them did make choise of Alexander Macdonald off Muckerach to be ther Chancellor, who thereafter caused Angus Macdonald, younger off Muckerach ther Clerk read in the first place the pannells owin Confessiones, and in the nixt place the depositiones of the witnesses laid agst him for prowing of the remanent articles of the inditment not confessed by the pannel, and thereafter the said Chancellor having put the matter to the vote and verdick of the asize, and having God and a Good Conscience before ther eyes, and after mature deliberatione they find the pannell guiltie of the first article of the inditment relating to the two sheep stolln be hini from Mayne; they find likewise the second article of the indytment anent the red prick horned bull also prown agst the said pannell by the depositiones of the wit nesses without objectione led agst him; they find likewise the third article prowen agst the pannell anent the stealling off the sheep from fferqr. mc can vie Erqr., att least his being art and part therein in knowing of the same to have been stolln, and eating of the flesh thereof; they find lykwise the article of the indytment annent the Keall also prown by the depositiones of the witnesses, as also the panell guiltie of thift as to the two hesps of yarn because of his hyding of the same under the thack and desyreing to conceall it; wee find lykwise the pannell by the comon report and brute of the whole Countrey to be a Notorious theef, and remitts to the Baillie to pronounce sentence in the matter: in testimonie qrof our said Chancellor and our Clerk of the said asise have subscribed thir presents this eighteenth day of Januarie 1699 yeires.

ALEXR. MCDONALD, Chancellor.

MCDONALD, Clerk.

Appendix P