^& #. d|> pre0ente^ to of tbe TUnivcrsitp of ?Ioronto Mr. Murray Garden IRecorbe of Jnverness Only 2^0 Copies printed. N0...J.3..: 1Recot^6 of Jnverneee Edited by William Mackay, LL.D., and George Smith Laing Volume II. I 'Burgh Court 'Books : 1602-3'; Minutes of Town Council: 1637-88 Aberdeen prtnteb for tbe IRew Spal^ino (Tlub M cm xxiv iJ>^\ Ufl3 V n:be IRew SpalMno Club. The Spalding Club founded 2jrd December, iSsg. Reconstituted as The Ne^u Spalding Club nth November, iSS6. patron : HIS MAJESTY THE KING. |>c(si&ent : THE MARQUESS OF ABERDEEN AND TEMAIR, K.T., G.C.M.G., D.C.L., LL.D. Oicespcesibente: The Duke of Richmond and Gordon, K.G., The Lord Forbes. G.C.V.O., C.B. The Lord Sempill. The Earl of Strathmore and Kinghorne. The Principal of the University OF The Earl ok Kintore, G.C.M.G., LL.D. Aberdeen. The Earl of Rosebery and Midlothian, Sir Thomas Burnett of Leys, Bart. K.G., K.T., LL.D. (Sriiinac^ flDembere oT douncll : John Malcolm Bulloch, LL.D., London. Colonel J. G. Wolrige-Goidon of Hallhead and John George Burnett of Powis. Esslemont. A. Henderson, Cults. Sir George A. Cooper of Hursley Park, Bart. •Jobn *J. F. Kellas Johnstone, Aberdeen. •Patrick Cooper, Advocate, Aberdeen. William Kelly, A.R.S.A., LL.D., Architect, Aber- *James Edward Crombie, LL.D., Parkhill. deen. *Professor W. L, Davidson, LL.D., Aberdeen. William Mackay, LL.D., Solicitor, Inverness. Professor John Wight Duff, Litt.D., Newcastle- Sir George M. Paul, LL.D., Deputy Keeper of the on-Tyne. Signet, Edinburgh. Francis C. London. Eeles, Professor Robert S. Rait, C.B.E., LL.D., Historio- M. Public Aberdeen. George Fraser, Library, grapher Royal, Glasgow. Colonel R. G. Gordon-Gilmour of Craigmillar, John Henry Udny of Udny. C.V.O., C.B., D.S.O. Robert M. Wilson of Tarty, M.D. Sectctats : *P. J. Anderson, University Library, Aberdeen. Vreuurer : •William Garden, i8 Golden Square, Aberdeen. • Members of Executive Committee. Preface It will be recalled that the First Volume of Extracts from the Inverness Burgh Court Books contained extracts from two volumes of Minutes covering the periods 15 56- 1567, and 1567- 1586 respectively. Between 1586 and 1602 no records of the proceedings of the Town Council are, so far as known, extant. The present volume deals with the period from October, 1602, to October, 1688, and the extracts are from five manuscript volumes in the possession of the Town Council covering the from to 162 1 from 162 periods October, 1602, July, ; October, 1, to from to from April, 1637 ; April, 1637, October, 1655 ; March, 1662, to November, 1680; and from November, 1680, to October, 1688. It will be seen, therefore, that the records for the period covered by this volume are practically continuous, with the exception of the period between October, 1655, and Marcli, 1662. This gap is difficult to explain, but it may be accounted for by the fact that during a part of the time the town was occupied by a garrison of Cromwell's troops and was probably more or less under military control. The extracts cover a period in the history of the Burgh which has hitherto been unbroken so far as the Records are concerned ground ; and the preparation of the volume necessitated the perusal of the original records and the selection and transcription of extracts. vii Preface As was mentioned in the Preface to the First Volume there are in addition to the manuscript volumes referred to certain volumes of the Records of the Burgh Court, but as they deal with property transactions, services, resignations, &c., and are of no general interest, no extracts have been taken from them. The Charter granted to the Burgh by King James VI. dated ist January, 1591-2, known as "the Golden Charter," conferred extensive rights and privileges on its inhabitants. This must have proved a great impetus to the trade and commerce of the community, and finds its reflex in the Records dealt with in the present volume. These Records bear evidence that the trade of the town in the 1 7th Century was considerable, and that its trading rights and privileges were extensive. The Records for this period contain many references to events of importance and interest in the history of the country during the period covered by the Union of the Crowns, the Civil War, the Commonwealth, and the Restoration, although these references are somewhat scrappy and disappointing in their official matter-of-factness. Their interest, however, chiefly lies in the light they throw upon the contemporary life, laws, and customs of the inhabitants of the Burgh. The references to trials in the Burgh Court for witch-craft are sad commentaries upon the dark superstitions of the age, and the sentences of death for this supposed crime reflect the barbarism from which the people had not yet entirely emerged. Trials for murder in the Burgh Court were not altogether rare, and the imposition of the death penalty for that crime and for the crime of theft indicates the extensive powers of life and death which were then reposed in the Magistrates. viii Preface Other matters which occupied the attention of the Magis- trates in the Burgh Court show that in those days appeals to the sword or dirk were common, and required the strong hand of the law in the person of the Magistrates to put them down. The building of a stone bridge over the Ness towards the end of the period covered by this volume and the raising of funds for its construction are matters which greatly exercised the minds of the Town Council at that time, and the Records contain frequent references to the undertaking. It may be of interest to mention that that bridge did service until it was swept away in the flood of 1849. It had been hoped that the Second Volume would have " " embraced extracts down to the period of the '45 or thereby, but the Records were found to contain so much of interest that it was impossible, or at least difficult, to excise sufficiently to admit of the volume covering so long a period. Perhaps, however, the later period from 1688 onwards may be dealt with in a future volume as well as the Charters of the Burgh. An Index of Personal and Place Names occurring in this and the First Volume has been prepared and will be found at the end of this volume. It will doubtless prove useful and con- venient to readers. It has not been found possible, however, to prepare a Glossary as was suggested in the Preface to the First Volume, but when the final volume is prepared it may find a place in it. Much delay has unfortunately occurred in the preparation and issue of this volume, but no one can regret this more than the Editors, who desire to tender their apologies to the members of the New Spalding Club therefor. A certain amount of delay d ix Preface in the preparation of the volume was inevitable from the outset, as there is no transcript of the manuscript volumes from which the extracts have been taken. Since no one could be found to undertake the work of making the extracts from the original text, this had to be undertaken by the writer during his few leisure hours. Another, and the chief cause of the delay, was the occurrence of the war while the volume was in the press, and the unsettling and difficult times which followed. It is much to be regretted that Dr. Mackay, the joint Editor, to whom the war brought the grief of the loss of his elder son and chief business partner, has, through advancing years and failing health, been unable to take an active part in the final stages of the work or to undertake the writing of an Introduction to the Second Volume as he had hoped to do. The thanks of the Editors are again due to the Town Council of Inverness for the use of the Records, and also to the Carnegie University Trust for a grant towards part of the expenses of transcription. G. S. L. Inverness, July, 1924. Table of Contents Extracts from the Burgh Records— 1602 PAGE Nov. 12. Burgh Court: Statutes with reference to attendance at church and observance of Sabbath : Sale of malt, meal, &c. i 22. Finlay Macaine Vic Aine, servant to John Lowson, banished the for . from Burgh one year for prison-breaking . 2 Dec. 3. Decree against William Mcjames, tailor, for payment of price of grey cloth, &c. ........ 2 II. Discharge by John MaKallan in favor of George MakConill Reoche for the sum of ;^ioo 2 1603 Jan. 10. Minute of proceedings at Head Court of the Burgh . 3 Decree against Thomas Makalley at the instance of William Robertson for price of 2 gallons aqua vitae ... 3 Decree against Donald Urquhart at the instance of William Robertson for price of 6 firlots malt and also price of 2 stones lint 4 Feb. 4. Findlay McPhaill becomes enacted surety for payment of 600 merks borrowed from Thomas Fraser of Moneacke . 5 " Decree against Megie Neilson for price of twa bolls cheritit " victuall and 4 capons ....... 6 Decree against Johne Mackewin for 3 firlots meal with 6 capons 6 Decree against Thomas Dalgleis for a gray plaid and tartan . 6 Mar. 18. Johne MacKewin, flesher, ordained to hold equal and good neighbourhood with Finlay Mackgibsone and George Mackconil Reoch becomes cautioner and law burrows . 6 Action by Johne MacKewin, flesher, against Finlay Mack- gibsone for having pursued Johne MacKewin with a drawn dirk and attempted to slay him : Finlay Mackgibsone ordained to enter his person in ward within the Tolbooth " " within three hours and thereafter his house tirrit .