6 TORONTO 156817 SCOT TISH RECORD SOCIETY r ho.43 , J Protocol Book OF Mr. GILBERT GROTE, 1552-1573 EDITED BY WILLIAM ANGUS II.M. General Register House. EDINBURGH : V PRINTED FOR THE SOCIETY BY J. SKINNER & COMPANY, LTD. '9'4 St (/ 5 1 PREFACE. The Protocol Book of Mr. Gilbert Grote is No. 15 of the series of Protocol Books preserved in the Record Department of His Majesty's General Register House. Though it discloses very little information regarding the notary himself, there is no reason to doubt that he was a native of the County of Caithness, with which, especially with the Parish of 1 Canisbay, the Grotes were for many centuries intimately con- " nected. He is designed in his notarial docquets as clerk of the 3 diocese of Caithness," 2 and he seems to have resided in the county, at least, during the years 1548 and 1549, before he settled down in Edinburgh. The presence of a number of Caithness and Orkney writs in his Protocol Book, and the fact that he was employed professionally by the then Earl of Caithness, all tend to strengthen a belief in his Caithness connection. While nothing definite has been ascertained regarding his parentage, the conjecture may be hazarded that he is identical with the Mr. Gilbert Grote, son and apparent heir of Mr. William Grot, who, on 24th May 1543, resigned a two-penny land in Dungsby 4 into the hands of his superior in favour of Hugh Grot, his brother. During the period covered by his Protocol Book, Grote was resident in Edinburgh, his writing-booth being in the High Street. The transactions recorded, however, are by no means confined to Edinburgh and its neighbourhood, for, like his modern successor, he drew his clients from all quarters—from Orkney in the north to the Solway in the south, and from the shires of Berwick and Aber- 1 Origines Parochiales Scotice, Vol. II., p. 814. 2 No. 173. 3 No. 272. 4 Calder's History of Caithness, p. 246. IV Preface. deen in the east to the Island of Coll in the west. In addition to exercising the office of notary public, Grote was employed as a writer in the offices of the Treasurer and the Comptroller, the published accounts of these officials disclosing various payments to 1 him between the years 1558 and 1580. ERRATA. Page 2, No. 5, line 4, for Edinbugh read Edinburgh, o, ,, 42, ,, 2, tavern chamber. i7. A 93, 16, , ,, Herver Harver. 28, „ 139, 9, , „ 82, „ 319, 8, , Beynstsoun „ Beynstoun. $9, » 355, 10, , Audnistoun „ Audinstoun. 1 of the Lord Vol. X. Accounts High Treasurer, ; Exchequer Rolls, Vols. XIX., XX., XXI. PROTOCOL BOOK OF GILBERT GROTE 1552-1573- 1. Instrument (defective) narrating a Decree Arbitral (dated at Edinburgh 1st August 1552) pronounced by Mr. Thomas M'calzeane, Mr. Johnne Spens, and Mr. George Leslie, judges chosen by Sir Williame Scot of Balwerye, Knight, and Johnne Sym, burgess of Edinburgh, regarding the claim of the latter against the former for certain merchandise bought and received by Sir Williame from umquhile William Sym, father of the said Johnne, as instructed by claim, extract from the said William's compt book, and the depositions of Elizabeth, lady of Bahverie, and Michell Scot, son and apparent heir of Sir Williame,—whereby they decerned and ordained Sir Williame to make payment of the gear or prices thereof therein mentioned, or else to shew sufficient discharges therefor. Done on 1st August J 552. Witnesses, Johnne Gordone, Andro Kennady, Michell [Scjhaw. and the notary, 1. 2. Memorandum {very fragmentary) narrating that Alexander Dunbar of Cumnok compeared in presence of the notary and witnesses, and " "comptit nwmerit and tauld the sum of £ Scots, which he there- after delivered to Alisone . who received , acknowledged having payment of the same and discharged all claims between them prior to the date [hereof?]. Done on 12th March 1554 in the forestair of the notary's chamber, within the tenement of John Young, burgess of Edin- burgh and Writer to the Signet. Witnesses, Patrick Leslie, John Chesholme, elder, and John Chesholm, younger, 1. 3. Memorandum narrating that Crystiane Wardlaue, relict of umquhile Robert Leslie and spouse of David Wrycht, of her own free will, ratified and approved in all points (a) the contract of marriage (dated at Edinburgh 6th September 1548) between her and the said David, and {b) the assignation which she made to him lately. Done on 3rd April 1554 in her dwelling-house on the south side of the Kowgait of the burgh of Edinburgh. Witnesses, Mr. John Leslie, her son, Donald M'Ry, and Robert Droummond, 2. 4. Memorandum narrating that Johnne Dowglas in Rathobyris obliged himself to pay yearly at Whitsunday and Martinmas by equal portions to Thomas Weir of Blakwod and Thomas Weir of Braxfeild, his son, the yearly maill of ^10 contained in the letter of tack granted by them to him, for the space of three years, of their quarter of the lands of Rathobyris, lying in the parish of Ratho and regality of St. Andrews. Done on 1st May 1554 in the dwelling-house of the notary in Edinburgh. Witnesses, Robert Pete and John Lamb, 2. 5. Memorandum narrating that Thomas Stewart, brother of Alexander Stewart, for himself and in name of his brother, of his own free will, consented to A Protocol Book of Gilbert Grote. [1552 1573 the redemption by Jonet Gourlay, relict of umquhile Williame Stewart, of certain lands lying within Falkland, which Andro Gardnare alias Straquhyne had in wadset, and that for the "kyndlie luf, favour, and weill of hir and hir barnis." Done on 5th May 1554 in Edinbugh. Witnesses, Hugh Grot and Alexander Mowat of Ratter, 2. 6. Memorandum narrating that Cuithbert Kincaid in Brochtoune compeared in presence of the notary, and offered to George Touris of Innerleytht, personally apprehended, the sum of ,£10 Scots for the maill of the Craig, occupied by the said Cuithbert and held by him of the said George, for the terms of Whitsunday and Martinmas last by past. The said sum was "tald and numerit" in presence of the notary and put into a purse ready to be delivered to the said George, who refused to receive it. Done on 10th May 1554 in the High Street of the burgh of Edin- burgh, near the vennel called "The Feild.'' Witnesses, John Bell and Thomas Johnestoune, 2. 7. Memorandum narrating that the above-mentioned George Touris openly said that he ought not to receive any maills from the said Cuithbert Kincaid because he had never received or admitted him as tenant of the lands of Crag, nor had he been offered the maill thereof within 40 days following the terms of . He, therefore, refused to receive the maill above offered, and pleaded that the offering should not prejudice his action against the said Cuithbert. (Cf. No. 78, infra) Same date, place, and witnesses as preceding instrument, 2. " 8. Memorandum narrating that Villiam Hall, officiar, kaist furtht the stress— ii stulis —furtht of the houssis of Calsayend." Done on nth May 1554. Witnesses, James Smytht and Alexander Car, 3. 9. Memorandum narrating that an officer and serjeand of Lord Ruithven {name blank) ejected and cast furth of the dwelling-house of . his stress, " viz. : — tua stulis," and that he thereafter entered ... to the possession of the said house by "hesp and stepill," and made certification to the occupiers thereof that if they further occupied it they would be held violent possessors thereof. Done on nth May 1554, 3. 10. Memorandum narrating that James Dowglas, procurator for James Reid in the Calsayend, alleged that the said James had a title from Robert Schepman of the Scheillis to the lands of Calsayend, which he would before whatever lawful the said Robert and that produce judge "plesit" ; the said James, therefore, would occupy the said lands and abide therein with charge of law till his title was produced [reduced?]. Done on " 1 ith May 1554 upon the common lands of the Calsayend foranent the hous dour thairof." Witnesses, Arthur Cleland, William Johnnesone, messenger, and William Muire, 3. 11. Memorandum narrating that George Patersone in Lesmahago, of his own free will and for certain good deeds, etc. done to him by Thomas Weir of Blakwod, constituted him and his heirs cessioners and assignees in and to (a) all right, title, interest, etc. which he had in his steading of the 18 shilling-land, formerly pertaining to Dik Wilson, lying in the barony of Lesmahago and sheriffdom of Lanark, and to all profit therein last and his for "ane year bipast" ; (b) horses, nolt, corn, cattle, and crops thereon for the said year, wrongously taken and withheld from him by Archibald Hammiltoune of Raploith and his accomplices. Done on 24th May 1554 in the notary's writing-booth on the south side of the High Street of the burgh of Edinburgh. Witnesses, Robert Hendersoune, butcher and burgess of Edinburgh, John Patersone, brother of the said GeorgC, and John Lamb, 3. 1 552- 1573] Protocol Book of Gilbert Grote. * 3 12. Memorandum narrating that Robert Forman (being in readiness by the command of the Queen's grace to pass to Flanders) for the love, favour, and kindness which he had to Elizabeth Crychtoune, his spouse, and his bairns, disponed and renounced all his lands, possessions, goods, etc. in her favour, for her use and that of their bairns in case he should be " vesyit be deceis or his hame cuming," but that otherwise they were to be reserved to himself as before. Done on 30th May 1554 in his dwelling- house in the burgh of Edinburgh.