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PROTOCOL BOOKS
OF
Dominus Thomas Johnsoun,
111
1528-1578
EDITED BY JAMES BEVERIDGE, M.A.,
RECTOR OF LINLITHGOW ACADEMY ; AND
JAMES RUSSELL,
TOWN CLERK OF LINLITHGOW.
EDINBURGH : PRINTED FOR THE SOCIETY BY J. SKINNER & COMPANY, LTD.
1920.
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PREFACE,
THE Johnsouns were a well-known old burgher family in Linlithgow. As Traders they are found amongst the Customars, and as Civic Chiefs in the Magistracy. William Johnsoun was the King's Cup Bearer ; Patrick Johnsoun, a Collector of the King's Rents ; Hugh Johnsoun was Head Cook to the King, and Margaret Johnsoun, Brewer to the King. Schir Thomas Johnsoun's name first appears in the Linlithgow Records in 1528, but of his parentage not a trace has been found, although his connection with work at the Palace, and his ■ various Church preferments, may lead to the surmise that he was connected with one of the former office bearers in the Royal Household. The existing records show that from 1528 to the end of 1578 he gave faithful service as the leading official in the community. He was a busy man, probably the busiest man in the county, and in an age of pluralists surpassed all his local contemporaries in the number of offices he held.
He was Chaplain of the Altar of St. Bridget in the Parish Church in October 1529, but resigned before 13th April 1534.^ He was also Chaplain of the Altar of the Holy Saviour by October 1532,^ and retained this chaplainry till his death. From an early date till the end he held also the Chaplainry of the Altar of St. John the Evangelist, an appointment which he owed to his connec- tion with the Hamilton family, the patrons of the altar being the Hamiltons of Kincavil (Kingscavil). In 1536 he is designated Chaplain of the Altar of St. Ninian at Blackness, of which the Burgh held the patronage under Royal Charter — another life appointment. He apparently held this chaplainry at first by private arrangement with David Hutoun, the incumbent, who acted for many years as his Clerk. But the official presentation to the chaplainry as Hutoun's successor is dated 5th June 1543.^ On the death of Henry Louk, Johnsoun succeeded him as curatus of the Parish Church of Linlithgow. The date of the appointment is not known, but he is so designated on 26th April 1553.^
At the Reformation Johnsoun ceased to style himself chaplain from December 1560 till April 1561, but thereafter, except in a few instances, he retained the designation. The evidence is clear that he enjoyed for life the endowments of his clerical appoint- ments ; for instance he granted a feu charter of lands at Blackness
^ Burgh Court Book.
'-^Register of the Privy Seal, XVIII., 49.
^ Protocol Book of James Foulis, Linlithgow.
iv Preface,
belonging to the Chapel of St. Ninian on 9th April 1577,^ and another on 31st May 1577.^ It is interesting to note that at the Reformation he retained as his own property the new Chapel of St. Ninian at Blackness, which he had just erected. The bay to the west of the Chapel is still known as Johnsoun's Bay.
At different periods he held the offices of Town Clerk or of Deputy Town Clerk, mainly, however, before the Reformation, as is evident from the dates of the deeds relating to Burghal holdings, and from the fact that the oldest Burgh Court Book is in his handwriting.
The oldest existing records of Linlithgow Sheriff Court, dating from 1 54 1, are also in Johnsoun's handwriting. He acted as Sheriff Clerk at different periods during a series of years, either by himself or jointly with another, but did not hold office continuously.^
Johnsoun acted as Deputy Master of Works of Linlithgow Palace, when Sir James Hamilton of Finnart was Master of Works and Captain of the Palace. His name is recorded in the official accounts of 14th October 1526,* February 1535/6,* and 28th August 1536.* Other entries are also given in the Exchequer Rolls.
He was frequently engaged as Finnart's Law Agent in his numerous land transactions throughout the south and middle of Scotland. After the execution of his patron on i6th August 1540, Johnsoun continued to act as lawyer on behalf of Finnart's son. Sir James Hamilton of Crawfurdjohn, and of his son, Sir James Hamilton of Liberton. The connection with three generations of this most important branch of the Hamilton family led in Johnsoun's earlier and more active years to his employment by the local representatives of the numerous and powerful Hamilton clan.
Some years after Finnart's death Johnsoun appears to have become Law Agent to Lord Fleming, and to have resided mainly at Biggar from 1545 to 1552, where Lord Fleming was engaged in founding and building the Collegiate Church. Yet he never quite lost touch with Linlithgow, but paid frequent visits, each recorded by legal transactions.
During the last years of his life Johnsoun dropped most of his work for the great families, but found numerous clients among the tenant farmers of Linlithgowshire and the adjoining districts of Stirlingshire.
I Register of Privy Seal, XLIX., 118. '^Protocol Book of Andrew Ker, V. II, Pt. II., 64. ^ Sheriff Court Records (in the Register House). * Register of Privy Seal, VI. 31, X. 81, and X. 152.
^
Preface, v
One of his local contemporaries was Schir Ninian Winzet, school master of Linlithgow, afterwards Abbot of Ratisbon. In his " Tractates," Winzet relates how he was " expellit and schott out of that his kindly town, and from his tender freindis thair." Doubtless Johnsoun was one of the tender friends, for in 1571, long after his banishment, Winzet is recorded as witness to a deed. Was Winzet then on a visit, not elsewhere mentioned, to his old friend ?
The contrast in style between Johnsoun's use of Latin and of the vernacular is remarkable. The Latin is unclassical, but the thought is always clear. On the other hand his vernacular is obscure, clumsy, and an instrument he was incapable of using efficiently. This was the weakness of the man, not of the period, for Winzet's clear and vigorous use of the vernacular is remarkable.
Considerable sections of his Protocol Books and of the Burgh Court Book are missing. It is quaintly noted in an entry in the Burgh Court Book, dated 30th March 1564, " It wes funden that the marow of it is revin out." As many of the missing sections are covered by the Reformation Period, one may fairly conclude that these contain deeds relating to Church property.
Johnsoun's last deed is unfinished, and is dated 21st September 1578. In Andrew Ker's Protocol Book, Vol. II., a,fif. 5/6, he is designated in a deed dated 8th October 1579, " the late Dominus Thomas Johnsoun."
A few years ago, when foundations for a house were being dug at Blackness on ground formerly attached to the Chapel which Johnsoun built there, there was unearthed the- skeleton of what had been a big burly man. There was nothing, so far as the labourers could note, to indicate the identity of the dead, but they may have disturbed the unrecorded resting-place of Schir Thomas Johnsoun, Chaplain and Notary Public.
Many difficulties cropped up in the preparation of the Abstract, and we have to acknowledge the friendly help given by Dr. JOHN Maitland Thomson, Professor R. K. Hannay, Mr. WiLLlAM Angus of the Record Office, Mr. John Minto, Librarian of the Signet Library, and others.
Appended hereto is a reproduction of the original of number 624 of the abstract, showing the Notary's Docquet and Signum, which has been photographed for us by Mr. WILLIAM W. Spence, Chemist, Linlithgow.
JAMES BEVERIDGE,
JAMES RUSSELL.
Linlithgow, 20th May 1920.
VA
PROTOCOL BOOKS
OF
Dominus Thomas Johnsoun, 1528-1578.
VOLUME I.
Folios 1-4 missing.
Folio 5. L Fragment of Instrument of Sasine, following on Charter by John Lewyng- stoun in favour of Sir James Hammyltoun, in half the lands of Manerstoun and Medop. Witnesses to the sasine, James Nesmyth, Matthew Hammyltoun in Mylburne, John Caling, and Matthew Hammyltoun in Lathame.
2. Instrument, on refusal of a superior to receive a vassal, narrating
that William Sandelandis of Hilhous, procurator for James Hammyltoun of Kincavill, sheriff of Linlithqu, appeared at the dwelling-place of Lord John Lyndesay of Byris, at Struthirs, and there produced Royal Letters, charging the said Lord John to infeft the said James Hammyltoun in half the lands of Bynis with Corsflat and half of Philip- stoun, together with the superiority of the other half of Bynis (belonging to the said James Hammyltoun), also in the superiority of the two-merk land of Dunterveycrage (belonging to Alexander Hepburne), and of the five-merk land of Philipstoun (belonging to James Craufurd in Bonitoun). But the said Lord sent out his servant John Baxster of Quhelt to intimate that he refused to see the procurator or to peruse the letters. Whereupon the said procurator took instruments. At the gates of Struthirs 18 October 1528. Witnesses to the instrument, Andrew Simsoun, John Walkar, William Baxster, Henry Myddelair and James Simsoun.
3. Instrument of Sasine, following on Charter by Robert Foulis, burgess of
Linlithqw, in favour of John Johnsoun, also burgess of said burgh, in 4 roods of land, called Fewarlandis, with the headrig, lying in the territory of Bonitoun and sheriffdom of Linlithqw, between the lands of Patrick Crechtoun on the east, the King's lands on the west, the lands of the said Robert Foulis on the south, and the road called the Lonyng of Bonitoun on the north. Dated 4 May 1 529. Witnesses to the sasine, John Young, Patrick Coll, Alexander Blake, John Craufurd, indweller in Bonitoun.
Folios 5-6.
4. Obligation by George Wilyemsoun, dwelling in Estir Pentosken,
to Agnes Forrest, Lady of Estir Pentosken, to faithfully satisfy her for the grassums, mails, and other emoluments for occupying and labouring the said lands of Estir Pentosken. Done at Linlithqw, in the house of the said Agnes,^ the 30 of May 1529.
1 On the site of No. 96 High Street. A
2 Protocol Books of Domintis Thomas Johnsoun. [1528-1578
Witnesses, William Dennestoun, William Balderstoun, and John Hendersoun.
5. Obligation by John Hammyltoun, dwelling in Kincadyowlaw, to
William Hammyltoun in Pardovvin, to faithfully satisfy him for the grassums, mails and other emoluments for occupying and labouring the said lands of Kincadyowlaw. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, chaplain, the 26 of July 1529. Witnesses, William Hammyltoun of Humbe, John Myllar, and Archi- bald Listoun.
6. Instrument of Sasine, propriis manibus^ narrating that Robert Craufurd,
son and heir of the late Robert Craufurd of Beircroftis, proceeded to his lands of Beircroftis, lying in the Barony of Kerss, Regality of Broychtoun, and Sheriffdom of Stirling, with Robert Craufurd, his son and heir apparent ; and there gave sasine in the said lands of Beircroftis to his said son ; reserving his own liferent. John Hammyltoun in Parkle sought instruments on behalf of the said Robert Craufurd, Done on the said lands of Beircroftis, the 13 of December 1529. Witnesses, Dominus Henry Louk, curate of Linlithqw, W^illiam Straherne, John Gyb, Gavin Hart, and Patrick Brone.
7. Protestation by Elizabeth Brone, wife of Robert Craufurd of Beircroftis,
that the sasine in the lands of Beircroftis in favour of her son Robert Craufurd should not prejudice her liferent in the said lands. .Place, date and witnesses as in the sasine.
Polios 6-7.
8. Ratification by Elizabeth Cunyghame, wife of William Baldirstoun, burgess
of Linlithqw, of a conveyance to him of all her goods for his use till her death. Done at Linlithqw, in the said William Baldirstoun's house, on the 6 of January 1529/30. Witnesses, Allan Lychtman, James Laverok, and William More, burgesses of Linlithqw.
9. Instrument of Donation narrating that at a court held on the lands of
Bonitoun by William Hammyltoun of Stakkis, bailie for Sir James Hammyltoun of Fynnard, appeared Andrew Keyr with John Keyr his cousin, and there the said Andrew bestowed and gifted on the said John all right and claim which he had to two oxgangs of land, formerly occupied by the late Michael Keyr, lying in the territory of Bonitoun, in the Sheriffdom of Linlithqw, Done at the said court, the 27 of January 1529/30. Witnesses, George Hammyltoun of Medop, William Hammyl- toun of Kincavil, Robert Hammyltoun in Philipstoun, Mr. John Knollis, David Hakkat, William Dennestoun, and John Craufurd, sergeant.
10. Instrument of Investiture narrating that Archibald Levyngstoun of Castel- cary, with consent of his mother Marion Hepburne, appeared in the chapel of the Blessed Virgin Mary, lying at the east end of the town of Linlithqw, and there invested Dominus Archibald Fawup, chaplain, in the office of chaplain of the said chapel for his lifetime, " with all its rights and pertinents, fruits, income, annualrents, lands, emoluments, oblations, and all other just pertinents whatsoever" ; on condition that he perform in the said chapel "divine services used and wont for the souls of the founders^ of the said chapel according to the tenor of the foundation made by them m times past, and for the souls of their successors and of all the faithful dead," as he should answer at the dayof judgement. Investment was given to the said chaplain by delivery to him of the keys, chalice,
1 This chapel was founded by Henry Livingston of Middlebinning : charter 14 May 1496. Re?. Mag. Sig. II. 2333.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 3
book, and other furniture of the altar. Done in the said chapel, the 2T of February 1529/30. Witnesses, James Lithqw, Peter Bell, Bartholomew Cuk alias Wobster, Thomas Lausoun, Robert Gray, and John Ker.
Folios 7-8.
11. Obligation by Dominus Archibald Fawup, chaplain, in favour of Archibald
Lewyngstoun of Castlecary, patron of the chapel of the Blessed Virgin Mary, situated at the east end of the town of Linlithgow, to construct a cooptorium or sylour,^ over the altar of the Blessed Virgin Mary in the said chapel, at a cost of ^3 Scots, between this date and Pentecost 1531. In default, the patron is authorised to draw the revenues of the chapel to the value of ^3, to be spent in completing the work. Place, date and witnesses as in No. 10. . -
12. Instrument of Sasine, following on a charter by Dominus Andrew Flemyng,
chaplain of the altar of St. Anthony, founded and situated in the Parish Church of Linlithqw, in favour of John Young and his wife Helen Hammyltoun, in an annualrent of six shillings furth of the said chaplain's tenement,^ lying in the burgh of Linlithqw on the north side of the High Street,^ between the lands of George Kent on the west, and the lands of James Craufurd on the east. Sasine given by James Robisoun, one of the bailies of Linlithqw, by the delivery of a penny, as use is in burgh. Done on the ground of the said tenement on i March 1 529/30. Witnesses, Dominus Henry Louk, chaplain and curate of Linlithqw, Dominus Archibald Fawp, chaplain, William Davisoun, Patrick Merschell, and John Baxster, sergeant.
13. Notarial Instrument and Protest against intrusion, on behalf of Robert
Craufurd of Beircroftis, quashing and nullifying a pretended sasine in the lands of Beircroftis,* recently given by Andrew Hammyltoun, bailie for Robert, Lord Abbot of Holyrood,^ to William Carncorss. Done on the said lands of Beircroftis, by the breaking of a dish, on the 5 March 1529/30. Witnesses, John Hammyltoun in Parklie, Andrew Johnsoun, David Alexander, William Pawtoun, Nicholas Burne, and Patrick Burne.
14. Certification of Judicial Act in the burgh court, by John Caling, discharging
William Straherne, King's Messenger, of all claims connected with the estate of the late Allan Landellis, burgess of Edinburgh. Done in the house of Richard Craufurd, one of the bailies of Linlithqw, on 5 March 1529/30. Witnesses, Robert Grynlaw, Robert Johnsoun, Dominus Henry Louk, curate of Linlithqw, and Dominus David Uthoun, chaplain and notary public.
15. Mandate granted by Robert Craufurd of Beircroftis to Mr. Henry Laudir,
James Carmour, John Lethame, William Blakstok, John Touch, John Hammyltoun in Parklie, and William Stensoun, jointly and severally, to present before James, Archbishop of St. Andrews or his vicar, a dispensation, dated 26 June 1 530 and sealed with the seal of the office of the Penitentiary of the Roman Court, sanctioning the marriage of the said Robert with Elizabeth Brone, which had been contracted in ignorance of their relationship within the degrees forbidden by the Church. Done at Beircroftis, 2 October 1530. Witnesses, Henry Alexander, Thomas Browne, and David Alexander.
^ Lat. canopeum, Scot, siller = a canopy.
2 On the site of No. 136 High Street.
' Vicus regius, lit. the King's Street, a general designation, is rendered IJigh Street,
4 See No. 6.
* Robert Carncorss, Abbot, 1528- 1546.
4 Protocol Books of Dominus Thomas Johnsoun. [i 528-1 578
16. Donation by Agnes Forrest, widow of William Singlar, dwelling in the
burgh of Linlithqw, of all her goods movable and immovable, with right to enter into possession before the death of the donor, in favour of Agnes Edmestoun, her aunt, and her heirs ; whom failing, to Margaret Edmestoun, sister of the said Agnes Edmestoun, and her heirs ; whom failing, to Libra Cornwale, wife of Archibald Hammyltoun, and her heirs ; whom failing, to the heirs whomsoever of the said donor. Done in the house of the donor, in presence of Mr. John Knollis, bailie of the said burgh, the 5 of October 1530. Witnesses, Lord John Hay of Yestir, Mr. John Knollis, one of the bailies of Linlithqw, William Baldirstoun, and Dominus John Manderstoun, chaplain and notary public.
Folios 9-10.
17. Donation by Isabella Mailvile, daughter of the late David Mailvile and his
wife Elizabeth Wardlaw now deceased, of her bairn's part of gear, in favour of John Crummy, younger, son and heir apparent of John Crummy, burgess of Edinburgh, and Margaret Mailvile his wife, aunt of the donor, in respect of her education and maintenance for eight years, and of two payments of eight merks Scots. Done at the {indagine) Park^ of Linlithqw, at 10 a.m. on the 11 of October 1530. Witnesses, Dominus Henry Louk, curate of Linlithqw, Friar John Maxwell and Friar John Rucht, of the Order of Preaching Friars in the burgh of Edinburgh.
18. Obligation by John Crummy, burgess of Edinburgh, now living in the town
of Linlithqw, to pay to Dominus Henry Louk, curate of Linlithqw, the sum of five pounds Scots for daily masses for the space of a year, for the soul of his wife who has just died in Linlithqw, for the souls of his children who have also died there, and for himself now lying in grave peril. Done, in time of pestilence, at the Park of Linlithqw, at 3 p.m. on the 1 1 of October 1530. Witnesses, Matthew Dalmahoy, John Dalmahoy, Robert Wethirspune, and Dominus Thomas Kent, chaplain..
19. Obligation by John Young, dwelling in Laswaid, . and his wife
Lychtman, to pay to Nichol Watsoun, dwelling in Davvkeitht, and his wife Marion Lychtman, grand-daughter of the late Luke Lychtman, the sum of six pounds Scots as price of half of the tenement ^ in Linlithqw, on the south side of the King's Street, lying between the tenement of John Spenss on the east, and the tenement of Robert Perry on the west. Done at Linlithqw, in the house of Richard Craufurd, the 5 of February 1 530/1. Witnesses, Richard Craufurd, William Straherne, messenger, Dominus Henry Louk, curate of Linlithqw, and James Bischop.
Folios 10-11.
20. Instrument narrating that Richard Craufurd, burgess of Linlithqw, sitting
in his own house at his dining-table {in mensale tabula)^ acknowledged that he had received from his wife Elizabeth Louk certain money in gold and silver to be spent in making a drinking-cup, in the vernacular a maseir, with a large silver band on the upper part and a large silver foot, both gilt with gold, with the inscription in Greek letters, '■^ Ihesiis est a7nor meusi^'' and bearing the arms of the said Richard in the middle ; and further declared that the said maseir should be the property of the said Elizabeth his wife and their children, whom failing, of the heirs of the said Elizabeth whomsoever. Done at Linlithqw, in the house of the
^ The King's hunting-park on the north side of the Loch, now known as Parkhead. 2 On the site of No. 43 High Street.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. j.
said Richard, the 8 of June 1531. Witnesses, Robert Grinlaw, Stephan Wass, Archibald Listoun, Henry Louk, curate of Linlithqw, and Dominus David Hutoun, chaplain and notary public.
21. Redemption by John Mongall in Newhouscs from Henry Mongall, son and
heir of the late John Mongall, for the sum of eight pounds Scots, of a piece of meadow in Newhouses. The said Henry resigns the said piece of meadow in favour of the said John, and warrants him of the third part of the said sum at the hands of Elizabeth Quytquhen, widow of the late John Mongall. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, notary, the 10 of August 1 531. Witnesses, Robert Callenter of Bancloycht, Thomas Caveris, burgess of Linlithqw, and Robert Suord.
22. Discharge by Robert Knollis, son of the late Sir William Knollis,i preceptor
of Torfychyn, in favour of James Hammyltoun of Kincawill, sheriff of Linlithqw, of the purchase price of the said Robert's liferent of the lands of Bavvhormy,^ lying within the sheriffdom of Linlithqw, as also of all his other lands, tofts, crofts, buildings or tenements within or without the burgh of Linlithqw. Done at Linlithqw, in the said James Hammyltoun's house,-^ the 16 of August 1531. Witnesses, Allan Hammyltoun in Wilyemcraggis, William Alexander, Patrick Masoun, Donald Gibsoun, John Loverans, and Matthew Hammyltoun.
23. Liferent Sasine, given propriis manibus^ by James Hammyltoun of Kincawill
to his wife Janet Creichtoun, Lady of Blackness, in his lands of Maner- stoun, lying in the barony of Abircorne and sheriffdom of Linlithqw. Done on the said lands, the 15 of September 1531. Witnesses, William Sandelandisof Hillhouss, Matthew Hammyltoun, and Dominus Alexander Bege, chaplain.
Folio 12.
24. Discharge by John Hammyltoun in Parklie of a cautionary obligation in his
favour entered into by William Beir and John Wawane, burgesses of Linlithqw, to pay twenty merks Scots to William Hammyltoun in Pardowin on behalf of the said John Hammyltoun. Done at Linlithqw, in the lodging of John Hammyltoun, burgess of Linlithqw, the 17 of September 1531. Witnesses, Allan Hammyltoun, Robert Johnsoun, and Alexander Frebarne.
25. Notarial Protest by Elizabeth Patersoun, wife of John Wawane, burgess of
Linlithqw, against a pretended sasine in a tenement * in Linlithqw, lying on the north side of the High Street between the lands of John Goff on the west and the lands of Thomas Sammell on the east, recently given
at the hands of bailie of Linlithqw to John Goff. Done on the
ground of the said tenement by the breaking of a dish, the 25 of September 1531. Witnesses, William Foulis, Robert Scott, Robert Johnsoun, Robert Toddrick, John Lyntoun, and John Baxster, sergeant.
26. Judicial Ratification by Janet Creichtoun, wife of James Hammyltoun of
Kincavill, of a resignation by her in favour of William Hammyltoun in Pardowin for his infeftment in two oxgangs of the lands of Kincavill then occupied by him. Done at Linlithqw, in the house of the late Henry Creichtoun,^ in presence of John Hammyltoun, bailie of Linlithqw, at a
1 Preceptor, 1475-1508.
2 Temple lands of Bormie in the parish of Linlithgow. ' Afterwards Arran's lodging.
^ On the site of No. 182 High Street.
* On the site of 89 High Street. Late Henry Creichtoun of Riccarton (Linlithgow).
6 Protocol Books of Dominus Thomas J ohnsoMfi. [1528-1578
court held and sworn by the said bailie, the 2 of November 1531. Witnesses, Matthew Hammyltoun, William Sandelandis of Hilhouss, Thomas Coupar, and John Baxster, sergeant.
27. Notarial Protest by the said Janet Creichtoun that her right of conjunct fee
in the said two oxgangs of land shall not be prejudiced, when her husband or his heirs regain possession thereof. Place, date and witnesses as in No. 26.
Folios 12-13.
28. Instrument of Sasine, in favour of the said William Ham.-.iyltoun, in the said
two oxgangs of Kincavill lands, referred to in Nos. 26 and 27, following on a precept of sasine, directed by James Hammyltoun of Kincavill and his wife Janet Creichtoun to their bailies, Robert Hammyltoun in Philipstoun and John Hammyltoun his son, and dated at Linlithqw, 2 November 1 53 1. Witnesses to precept, Matthew Hammyltoun, William Sandelandis of Hilhous, Thomas Coupar, William Hammyltoun of Humbe, and Robert Foulis, notary public. Date of Sasine, 3 November 1531. Witnesses, John Hammyltoun, bailie of Linlithqw, Alexander Blake, James Robisoun, and George Bard, sergeant.
29. Instrument of Redemption, granted by Lady Christina Edmestoun, widow
of John Lord Ross of Halkheid, in favour of James Hammyltoun of Kincawill, of the lands of Quhitbawkkis, lying in the sheriffdom of Linlithqw, in respect of the payment to her of one hundred merks by William S'andelandis of Hilhousis, procurator for the said James. Done at the house of the said Lady Christina at Tortrawin, the 3 of November 1 531. Witnesses, Andrew Ross, John Ross, Robert Ross and Robert Grynlaw.
Folios 13-14.
30. Pledge, given by John Hammyltoun in Parklie, on behalf of Matthew,
Thomas, William, Mungo and John Straherne, hounders-out^ and men of war {immissores et bellatores)^ sons of the late James Straherne, warrant- ing the tenants and occupiers of the lands of Boithwelschellis against all skaith in person and goods at the hands of the Strahernes. James Hammyltoun of Boithwell is procurator for the said tenants. Done at Linlithqw, in the house of John Young, burgess, the 6 of November 1531. Witnesses, William Young, John Young, John Farlie, and John Hammyl- toun, dwelling in Schottis.
31. Instrument of Premonition, given by James Hammyltoun of Kincawill to
Archibald Craufurd of Hanyng, to appear in the Parish Church of Linlithqw on Friday the 10 instant, to receive certain sums of money in payment of redemption of the lands of Bawhormy, lying in the barony of Bawhormy and in the sheriffdom of Linlithqw, under a letter of reversion granted by the said Archibald Craufurd to Robert Knollis and his assignees. Done at the house of the said Archibald, the 8 of November 1 531. Witnesses, Archibald Craufurd, James Duncane, Robert Craufurd and Matthew Hammyltoun.
32. Instrument narrating that Robert Foulis, burgess of Linlithqw, with consent
of his heir Henry Foulis, acknowledged that he had granted to his son William Foulis one and a half acres of land,^ on the north side of the road to Blackness, then occupied by John Wawane, burgess of the said burgh, lying between the lands of the late Richard Craufurd, then occupied by Janet Empsells, on the east, and the lands of Helen Kincaid on the
^ Setters-on or instigators (English Dial. Diet.). "^ Temple lands in Low Port.
1528-1578] Protocol Books of Dominus Thomas J ohnsoun, 7
west ; in special warrandice of letters of tack of the half of the lands of Bonitoun, Flashill and Bogsyd. Done in the Parish^^Church of Linlithqw, the 12 of November ^ 1531. Witnesses, Thomas Franss, James Brokkas, John Wawane, John Saltoun, Peter Browne, Archibald Listoun, Patrick Akinhcid and David Rait.
33. Obligation by William Foulis, son of Robert Foulis, burgess of Linlithqw,
to Robert Foulis, his father, and Henry Foulis, son and heir of the late Anselm Foulis, and also heir of the said Robert, relative to the said William's tack for five years from Martinmas 1531 of the lands of Flashill, Bogsyd and half of Bonitoun, not to enter, labour or occupy the said lands in whole or in part, but to give them up, at the ish of his lease, under a penalty of forty pounds Scots. Place, date and witnesses, as in No. 32.
Folio 15.
34. Bond granted by Euphemia Lewyngstoun, widow of John Gowane, and
her son Henry Gowane, in favour of John Hammyltoun, bailie of the burgh of Linhthqw, for the ten pounds Scots, for which she renounces her right of terce in two acres of land on the south side of the burgh lying between the lands of the Carmelite Friars on the east and south, and the lands of Agnes Forrest on the west and north ; and authorises the said John to retain possession until repayment of the ten pounds. Superior of the two acres, the laird of Colstoun. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, chaplain, the 21 of November 1531. Witnesses, Matthew Hammyltoun in Lathame, Robert Robison, and Richard Gib.
35. Consent by John Lychtman, heir apparent of Allan Lychtman, burgess of
Linlithqw, to the said Allan's expressed intention to mortify a portion of his heritage to the Church for prayers for the safety of his soul. Done at Linlithqw, in the said Allan's house, at 6 a.m. of the 26 of November ^ 1 53 1. Witnesses, Patrick Coll, Robert Townnis and Dominus Henry Loukj curate of Linlithqw.
36. Testimonial containing Complaint and Appeal, addressed by Dominus
James Fyntoun, chaplain and schoolmaster of Linlithqw, to James, Archbishop of St. Andrews, and praying for redress against an act by Dominus Thomas Malvill, chaplain, and Mr. William Johnston, commissaries for Mr. James Simson, principal official of St. Andrews in the Archdeaconry of Lothian, delivered in their Consistorial Court at Edinburgh, and ordering the said Dominus James to demit his office of schoolmaster of Linlithqw\ Done in the Parish Church of Linlithgow, the 10 of December 1 1531. Witnesses, Domini John Spettale, John Pollart, Patrick Newlandis, Andrew Flemyng and Henry Louk, chaplains, William Wilson and Robert Townnis.
Folios 15-16.
37. Resignation by Dominus David Hammyltoun, rector of Kilbryd and
chaplain of the chapel of Drumry, of the said chapel and chaplainry, lying within the diocese of Glasgow, in favour of Lawrence Craufurd of Kilburne, as in the hands of the principal donator, patron and holder of the legal gift of the said chapel and chaplainry. Done by delivery of a book in the Parish Church of Linlithqw, the 30 of December 1531. Witnesses, Sir James Hammyltoun of Fynnart, Matthew Hammyltoun in Lathame, Robert Craufurd, John Gudlawid, Domini Patrick Newlandis and James Newlandis, chaplains.
^ Sunday.
8 Protocol Books of Dominus Thomas J ohnsoun. [i 528-1 578
38. Acknowledgement by Dominus David Hammyltoun, rector of Kilbryd,
that he had granted a five years' tack of the lands of Jordanhill, belonging to the chaplainry of the chapel of Drumry, lying in the diocese of Glasgow, in favour of Thomas Hammyltoun, burgess of Hammyltoun ; and obligation by Lawrence Craufurd of Kilburne, on behalf of himself and of the chaplain for the time being, in favour of the said Dominus David, to observe the terms of the said tack, under penalty of one hundred pounds Scots, half to be paid to the Cathedral Church of Glasgow and half to the party damaged. Date, place and witnesses as in No. 37.
39. Demission by Dominus James Fyntoun, chaplain, in presence of James
Hammyltoun, sheriff of Linlithqw, and also of the bailies of the burgh of Linlithqw, of all right and claim as magister or master of the school of Linlithqw, in the hands of the said sheriff and of the burgesses of Linlithqw. Whereupon James Robisoun, one of the said bailies, took instruments on behalf of the said burgesses. Done in the Parish Church of Linlithqw, the 2 of January 1531/2. Witnesses, James Hammyltoun, sheriff of Linlithqw, Domini John Kynneir, Thomas Kent, chaplains, James Kent, William Davisoun, William Sandelandis of Hilhouss, Allan Hammyltoun in Williamcraggis, and Patrick Knollis, sergeant.
40. Protocol of the spotisalia of David Boswale of Auchynflek and Janet
Hammyltoun, daughter of the late James, Earl of Arrane, Lord Hammyltoun. The instrument narrates that they appeared in the lodging {hospitiufn) of Sir James Hammyltoun of Fynnart at l^inlithqw, in presence of Dominus Henry Louk, curate of Linlithqw, and witnesses. There the said David was asked by the curate whether he was resolved to take Janet Hammyltoun to wife and to complete marriage with her in the form of the Church. The said David confessed that he was ready to take the said Janet and to have her as his wife forever {pro perpetud). Similarly Janet Hammyltoun asserted that she was content to take the said David for her husband. Then shortly after, the said curate with consent of both parties with their hands joined betrothed the said David and Janet who took oath as is the custom of the Church. Done at Linlithqw in the said lodging, at eight in the evening of the 13 of February 1531/2. Witnesses, Lord James Hammyltoun Earl of Arrane, James Hammyltoun of Kincavill, sheriff of Linlithqw, Adam Stewart of Schawtoun, James Nasmyth, Dominus Henry Louk, chaplain and curate of Linlithqw, Dominus John Spettale, chaplain, and Robert Towneis, sheriff-clerk of Linlithqw.
Folios 16-17.
41. Instrument narrating the marriage in facie ecclesicB of the said David
Boswale and Janet Hammyltoun (writ No. 40). Done in the Parish Church of Linlithqw, at four in the morning of the 14 of February 1 531/2. Witnesses as in No. 40.
42. Notice of Removal, given by Agnes Forest, conjunct fiar of Litil Cattilstoun,
and her husband Mungo Stensoun of Heidmontscheilis, to all tenants of the lands of Litil Cattilstoun, in the sheriffdom of Linlithqw. The tenants are required to remove at Whitsunday next, unless they have previously obtained new leases from their said landlords. Done at a court held on the said lands by William Dennistoun, bailie for the said Agnes and Mungo, the 27 of February 1531/2. Witnesses, John Ross, Robert Skott, John Saltoun and David Thomsoun.
43. Acknowledgement by Helen Johnsoun, in favour of Patrick Forest, son of
the late [John] Forest, that the tenements and gardens ^ at the east end of
^ The western part ( 1 1 roods) of the present Regent Factory.
1528-15783 Protocol Books of Dominus Thomas J ohnsoun, 9
the burgh of Linlithqw, lying betwixt the lands of the Chapel of the Blessed Virgin Mary at the east end of the said burgh on the west, and the lands of Dominus Thomas Davisoun, chaplain of the altar of St. Bridget, on the east, have been sold or pledged to her under reversion for fourteen pounds Scots, and that she had received the custody of the letters of reversion, which might be asked for by the said Patrick or his heirs. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, chaplain, the 23 of March 1 531/2. Witnesses, Henry Newlandis, John Bogill, James Gray, and Dominus David Uthoun, chaplain and notary public.
44. Resignation by Robert Foulis, burgess of the burgh of Linlithgow, to
William Foulis his son, of his liferent, given to the said Robert by
Newlandis, mother of the late William Foulis, of two tenements, viz., one^ on the south side of the King's Street of Linlithqw, lying between the lands of the late Henry Forest on the east, and the tenement of Janet Empsselis on the west ; and the other on the north side of the said street, between the lands of Marion Coupar on the west and the lands of Robert Hammyltoun on the east. Done in the Parish Church of Linlithqw, the 30 of March 1532. Witnesses, Robert Hammyltoun, William Wilsoun, John Wawane, John Gray, John Saltoun, James Lochmyln, Dominus Archibald Fawup, chaplain, and Patrick Knollis, sergeant.
Folios 17-18.
45. Discharge by John Quhit in Prestoun near Linlithqw, in name and on
behalf of John Davisoun, son of the late Robert Davisoun and Katherine Quhit his wife, to George Salraont, of the sum of seventeen merks five shillings Scots, being the said John Davisoun's bairn's part of gear. Done in the Parish Church of Linlithqw, the 7 of April'^ 1532. Wit- nesses, Allan Hammyltoun, James Nasmyth, John Burne, John Goff, Thomas Davisoun, William Young and Peter Mowbra.
46. Discharge by James Quhit in Prestoun near Linlithqw, in name and on
behalf of Janet Davisoun, daughter of the late Robert Davisoun and Katherine Quhit his wife, to George Salmont, of the sum of twenty-one merks Scots, being her bairn's part of gear. Place, date and witnesses as in No. 45.
47. Discharge by William Davisoun in Volkmyltoun near Linlithqw, in
name and on behalf of William Davisoun, son of the late Robert Davisoun and Katherine Quhit his wife, to George Salmont, of the sum of seventeen merks five shillings Scots, being the said William Davisoun's bairn's part of gear. Place, date and witnesses as in No. 45.
48. Instrument narrating that Dominus Henry Louk, chaplain and curate of
the Parish Church of Linlithqw, was present in the said church, at the time of high mass, dressed in his sacerdotal vestments, to celebrate the sacred mysteries in presence of Dominus John Pollart, chaplain, and other priests of the said church. The curate had on a previous Sunday, viz., on the 5 of May, denounced and excommunicated John Crumme, under letters of the Official of Lothian, at the instance of Wilham Wethirspowne and William Lauder, burgesses of Edinburgh. Now the said curate asked the said Dominus John whether he had absolved the said John Crumme from the said sentence of excommunication. The chaplain replied in the affirmative ; but on the curate's request to produce the absolution or copies thereof, so that the curate might more safely celebrate divine service in presence of the said John Crumme, he
1 On the site of 145 High Street. 2 Sunday.
Vo Protocol Books of Dominus Thomas Johnsoun. [1528-1578
absolutely refused to do so ; doubtless with malicious intent to prevent the curate from proceeding with the service. Done in the Parish Church of Linlithqw, at ten o'clock on the morning of the 19 of May 1532. Witnesses, James Robisoun, Robert Skot, George Kent, William Wethir- spowne, Domini Patrick Newlandis and Andrew Flemyng, chaplains.
Folio 19.
49. Acknowledgement by Isabella Weir, wife of William Hammyltoun in
Gilstoun, that her first husband, the late John Hammyltoun in Gilstoun, had left thirty-one pounds fourteen shillings and fourpence by his will to their daughter Agnes Hammyltoun, and that the said sum remained unpaid in the hands of the said Isabella and William. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, chaplain, the 15 of June 1532. Witnesses, John Hammyltoun in Parklie, William Straherne, messenger, John Grege, Archibald Listoun and Mungo Hammyltoun.
50. Acknowledgement by Walter Bogill and his wife Marion Gray of the
forfeiture of the tack of part of the lands of Little Parkle, ^ made to them by James Hammyltoun of Kincavill. The instrument narrates that Walter Bogill was one of the subtenants of Little Parkle under Marion Hepburne, Lady of Castelcary. On the fourth day before Easter 1531 {quarta feria prius Pascha) James Hammyltoun of Kincavil gave to Walter and his wife lawful notice of removal from the lands of Little Parkle. On Friday the 26 of May 1531, the said James removed a table from their house there in token of removal, and again on Friday of Whitsun week {sexta feria abdomedce Penihecostes) appeared at Little Parkley and drove all the cattle {botia) to another pasture, protesting that if they were found again on the said lands a penalty of five shillings Scots for each day would be imposed. Nevertheless James Hammyltoun and Walter Bogill came to an agreement whereby the said Walter was to hold the said lands in tack for a certain number of years, on condition that the cattle of Marion Hepburne were not kept on the lands. Now because the said Walter and his wife have failed to keep this condition, they acknowledge that they have forfeited the tack. Done at Linlithqw in the lodging of James Hammyltoun of Kincavil, the 29 of June 1532. Witnesses, William Quhit, John Kent, John Quhit, James Nicholl, and Robert Foulis, notary public.
51. Resignation of wadset over the life-rent of Robert Knollis in the lands of
Bahormy in the sheriffdom of Linlithqw, made by the holder Archibald Craufurd of Hanyng to James Hammyltoun of Kincawill by handing him a penny. Done in the garden of the lodging of the said James at Linlithqw, the 28 of July 1532. Witnesses, John Gib, Matthew Hammyltoun, John Johnson, James Brokkas, William Sandelandis of Hilhouss, William Craufurd, John Craufurd and James Craufurd.
Folios 19-20.
52. Obligation by James Brokkas, burgess of Linlithqw, to pay to Archibald
Craufurd of Hanyng, the sum of twenty merks Scots between now and the feast of St. Luke. Done at Linlithqw, in the garden of James Hammyltoun of Kincavill by extending his right hand {per extensionem sucB dextrce inanus)^ the 28 of July 1532. Witnesses (except James Brokkas) as in No. 51.
53. Letters of Relaxation from the horn in favour of William Carmichaell of
that Ilk, Ninian Wilsoun, Laurence Samsoun, George Carmichaell, George Ingliss, Andrew Browne and Finlay Cronyane. They were
^ Near Linlithgow.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. il
directed from the Lords of Council, under the King's Signet, to James Robison, burgess of Linlithqw, as sheriff in that part, and were handed by him to the notary to be read aloud. Thereafter the sheriff relaxed them from the horn, and in token thereof gave them individually his wand of peace {virga pacifica seu virga pads). Done at the market cross of Linlithqw, the 3 of August 1532. Witnesses, Patrick Stirling, Charles Gaddas,John Hammyltoun in Parklie, James Robisoun younger, William Beir and John Forrest.
54. Letters of Relaxation from the horn in favour of James Stewart of
Cragehall. Sheriff and procedure as in No. 53. Done at the market cross of Linlithqw, the 8 of August 1532. Witnesses, Mr. John Knollis, Peter Newlandis, William Straherne, John Forrest, William Alexander and John Baxster.
55. Obligation by William Donaldsoun in Houstone to pay to Allan
Hammyltoun in Willyemcragis the sum of eighty merks Scots as dowry for his daughter Katherine Donaldsoun on her marriage with the said Allan. Done in the dwelling-house of the said WiUiam Donaldsoun, the II of August 1532. Witnesses, Andrew Nelsoun and Thomas Donaldsoun.
56. Obligation by Allan Hammyltoun to vest his promised wife Katherine
Donaldsoun in his tack of the lands of Wilyemcragis. Place, date and witnesses as in No. 55.
Folios 20-21.
57. Instrument of Sasine in half the lands of Drumcroce, lying in the sheriffdom
of Linlithqw, in favour of Matthew Hammyltoun, brother of Archibald Hammyltoun of Lathame, and his wife Marion Hammyltoun ; following on a precept of sasine, granted in their favour by Sir James Hammyltoun of Fynnard, and directed to John Hammyltoun, burgess of Linlithqw, and Adam Kneland, dated at Linlithqw, 20 July 1532. Witnesses to precept, Gavin Kneland, William Snype, Archibald Hammyltoun in Repploycht, and Dominus Thomas Johnsoun, chaplain and notary public. The tenants of the lands are Robert Grayme, John Clerk, Thomas Clerk, Patrick Loch, Adam Loch, Adam Warden, William Bissat, John Sommerwale, Patrick Speir and Janet Lyon. Sasine given by the handing of earth and stone of the lands and shutting of the houses, at the house of Patrick Loch on the lands of Drumcroce, the 14 of August 1532. Witnesses to the sasine, William Hammyltoun of Humbe, Robert Grayme, Robert Loch, Patrick Loch, W^illiam Johnsoun, John Hunter, Adam Speir, Patrick Speir and Thomas Clerk.
58. Instrument narrating that Matthew Hammyltoun in Lathame, husband of
Marion Hammyltoun widow of Thomas Bynnyng ^ of that Ilk, appeared on the lands of Easter Bynning,- and there required Thomas Linlithqw, servant and factor of David Bynning, to receive a third part of the hay growing on the meadows of East Bynnyng, and belonging to them by reason of their tack and his wife's terce, and extending to ten and a half oxgangs. Thomas Linlithqw on behalf of David Bynnyng refused to accept the third. Done at East Bynnyng, the 14 of August 1532. Witnesses, William Hammyltoun of Humbe, Robert Hammyltoun in Lathame, John Hunter, John Johnsoun, John Cammeron, John Ademsoun and Thomas Lang.
^ Reputed descendant of William Bunnok, the hero of the capture of the castle at Linlithgow.
^ Now Easter Broadlaw in the parish of Ecclesmachan.
12 Protocol Books of Dontinus Tkomas Johnsoun. [1528-1578
59. Instrument narrating that Thomas Lithqw, servant of David Bynnyng,
appeared on the lands or meadows of Easter Bynnyng, and there offered to divide all the hay growing in the meadows into two parts according to ancient custom, and required Matthew Hammyltoun, husband of Marion Hammyltoun, to do likewise. But the said Matthew refused to do so. Place, date and witnesses as in No. 58.
60. {Fragment.) Elizabeth Bynnyng, daughter of the late Thomas Bynnyng of
that Ilk, together with Alexander Young, burgess of Edinburgh, her curator, and William Hammyltoun in Pardowin, appeared in presence of the notary, and there with consent of her curator made and constituted .... 23 August 1532.
Folios 22-27 missing.
Folio 28.
61. Fragment of a three years' lease of the rectory and vicarage of Thankartoun,
in the diocese of Glasgow, by Mr. David Hammyltoun, rector of Thankartoun, to Mr. Bernard Balye, rector of Lammyntoun. Record taken in the chapel or aisle of St. Katherine the Virgin and Martyr, in the Parish Church of Linlithqw, [August 1533J. Witnesses, John Hammyltoun of Comskeicht, Mungo Stensoun, bailie of Linlithqw, Alexander Hammyltoun of Grange, John Dewar, John Dunss, and Dominus James Newlandis, chaplain.
62. Protocol of Arbitration between Mr. Bernard Balye, rector of Lammyntoun,
and Mr. David Hammyltoun, rector of Thankartoun, anent the lease of the church of Thankartoun. Arbiters on behalf of Mr. Bernard Balye, William Balye of Bakbe, Alexander Balye of Carfyne, James Betoun of Melgound, and Alexander Balye, brother of the said William Balye ; on behalf of Mr. David Hammyltoun, Sir James Hammyltoun of Fynnart, John Hammyltoun of Comskeicht, Mungo Stensoun of Hiedmontschellis, and Alexander Hammyltoun of Grange. The arbiters took oath by touching the Holy Gospels to give their award and sentence according to their discretion in all and singular the controversies and debates existing between the said parties without any fraud, guile or frivolous exception. Place as in No. 61, the 4 of August 1533. Witnesses, Thomas Balye of Coomstoun, Alexander Wricht, John Hammyltoun in Parklie, John Dunss, Domini James Newlandis and James Coll, chaplains.
63. Lease by Mr. David Hammyltoun, rector and vicar of Thankartoun, to Mr.
Bernard Balye, rector of Lammyntoun, for three years of the rectory and vicarage of Thankartoun, for a rent of 400 merks a year. The cautioners for the rent for the lessee were Alexander Balye of Carfyne and William 3alye of Bakbe. And also Sir James Hammyltoun of Fynnart and Mr. Bernard Balye bind themselves to relieve Mr. David Hammyltoun of the tax or money payment due to the King from the said rectory and vicarage, by reason of the contribution granted to him by the Pope,^ during the space of the lease. Moreover, the said Sir James binds himself to pay to the said Mr. David the sum of twenty pounds Scots as grassum for the said tack. Done at the Parish Church of Linlithqw, the 4 of August 1533. Witnesses, John Hammyltoun of Comskeicht, Mr. Robert Hammyltoun, his brother, Alexander Hammyltoun of Grange, Mungo Stensoun of Heidmontschelis, Dominus John Broune, chaplain, John Hammyltoun in Parklie, Robert Hammyltoun in Philipstone, and William Hammyltoun of Kincawill. ,
^ See The Archbishops of St. Andrews, vol. iii. (Herkless and Hannay), pp. 215-233.
1528-1578] Protocol Books of Dominus Thomas Johnsoun, 13
Folios 28-9.
64. Appeal to the Papal Court by Mr. David Hammyltoun, rector of Thankar-
toun, against the decreet arbitral pronounced under Minute of Arbitration in No. 62 in favour of Mr. Bernard Balye, rector of Lammyntoun, lessee as in No. 63. The decreet was drawn up by Mr. James Browne, Dominus David Hutoun and Dominus John Burne, priests and notaries. Done in the lodging at Linlithqw of John Young, burgess, the 13 of August 1533. Witnesses, Mr. John Knollis, bailie, John Young, Dominus Andrew Flemyng, chaplain, Mr. James Browne and Dominus David Hutoun, chaplains and notaries public.
Folios 29-30.
65. Notarial Transumpt, made at the request of Robert Lewyngstoun of Medil-
bynnyng, of a charter of confirmation, granted by Elizabeth Bynning of that Ilk with consent of Alexander Young, notary public, her curator, of a charter of sale made by Robert Lewyngstoun of Medilbynning to Matthew Hammyltoun, brother german of Archibald Hammyltoun of Lathame, and Marion Hammyltoun his wife, of a third part of the lands of Easter Bynning, extending to four oxgangs, lying in the sheriffdom of Linlithqw, and held in feu from the said Elizabeth. Reddendo four silver pennies in blench feu. Charter of sale dated at Linlithqw, the II of July 1533. Witnesses, Alexander Lord Levyngstoun, Nichol Craufurd of Oxingangis, justice-clerk, Mr. Alexander Robisoun, notary public, Henry Lewyngstoun, and Alexander Glen, burgess of Linlithqw. The superior reserves her rights under a letter of reversion, made by
Lewyngstoun to the late Thomas Bynnyng of that Ilk. Charter of
Confirmation dated at Edinburgh, the 12 of July 1533. Witnesses, William Hammyltoun in Pardowin, William Hammyltoun of Humbe, Dominus Bartholomew Hammyltoun, vicar of Tempill, Alexander Glen, burgess of Linlithqw, and Donald Foulartoun. Transumpt dated at Linlithqw in the dwelling-place of the said Robert Levyngstoun, the 14 of August 1533. Witnesses, Alexander Glen, David Bynnyng, Alexander Reddocht, and Dominus Andrew Flemyng, chaplain.
66. Administration of Oath, taken by Sir James Hammyltoun of Fynnart, before
James Robisoun, bailie of Linlithqw, faithfully to execute a brieve of perambulation, directed to him as depute by Archibald Earl of Argyll, Lord Campbell and Lome, Justiciar of Scotland, The lands are the lands of Galray, in the sheriffdom of Forfar, which belonged to Lawrence Lord Oliphant in heritage and to Elizabeth Keicht, widow of Colin, Master of Oliphant, and now wife of William Singlar, in liferent ; and half the lands (not specified) belonging to Elizabeth Hepburne wife of Mr. Alexander Lewyngstoun of Donypace. The parties interested are the said Elizabeth Hepburne and her husband on the one part, and Helen Hepburne wife of Sir Patrick Hepburne of Wauchtoun and Patrick, their son and heir apparent, on the other part. Done at Linlithqw, the 6 of October 1533. Witnesses, John Crumme, John Hammyltoun, and Dominus David Hammyltoun, chaplain and notary public.
Folios 30-1.
67. Administration of Oath as in No. 66. The lands to be perambulated are
Bellochy and Convanny, in the sheriffdom of Forfar, on the one part, and the lands of Galray, in the same sheriffdom, on the other part. Parties, place, date and witnesses as in No. 66.
68. Instrument of Sasine in favour of Elizabeth Bynnyng, daughter and heir
of the late Thomas Bynnyng of that Ilk, in seven oxgangs of the lands of Easter Bynnyng, lying in the sheriffdom of Linlithqw ; following on a precept of sasine, given under the Great Seal of date 15 January 1533/4,
14 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
and directed to Matthew Hammyltoun in Lathame and William Hammyltoun of Humbe. The said Elizabeth had redeemed the lands from Robert Bruce, burgess of Edinburgh, to whom they had been alienated under reversion by her father. Sasine given on the said lands, the 24 of January 1533/4. Witnesses, Thomas Thomsoun, William Forsyth, Thomas Lang, and Dominus Alexander Bowok, chaplain.
Folios 31-2.
69. Instrument of Sasine in favour of William Hammyltoun in Pardovin, in
the lands as in No. 68, sold to him by Elizabeth Bynnyng of that Ilk with consent of her curator Alexander Young, notary public, and follow- ing on a precept of sasine dated 28 January 1533/4- Sasine given on the said lands on the 5 of February 1 533/4. Witnesses, William Hammyltoun of Humbe, Alexander Hammyltoun, James Nesbet, Thomas Lang, and Dominus Alexander Bowok, chaplain.
70. Judicial notice to the tenants of the lands of Poldrat, lying in the sheriffdom
of Linlithqw, to desist from labouring and occupying these lands, until they receive a sufficient tack from Edward Stewart, servitor of the King, and principal bailiff of the lands of Poldrait. He represents the superior, Hugh Earl of Eglintoun, and Margaret Fresale, widow of Robert Montgumere of Geffin,and now wife of Hugh Montgumere of Hesselhed, for her right of terce. Done by Alexander Glen, bailiff-depute, at a court held on the lands, the 26 February 1533/4. Witnesses, Robert Hammyl- toun in Philipstone, Robert Foster, Archibald Lewyngstoun, Thomas Robart, Nicol Sadillar, Dominus William Davisoun, chaplain, and John Clerk, sergeant.
71. Instrument of Sasine in favour of Marion Stobo in liferent in a tenement ^ on
the south side of the High Street of Linlithqw, lying between the lands of Dominus Henry Mechell, chaplain of the altar of All Saints, situated in the Parish Church of Linlithqw, on the east, and the lands of John Loverans on the west ; following on a precept of sasine by Dominus Walter Lyndesay, Preceptor of Torfyching, directed to Henry Pollart, bailiff in that part. John Crumme is procurator for liferentrix. Done on the ground of the tenement at Linlithqw by the giving of earth and stone and by shutting him in the houses {per tertae et lapidis tradi- tionem ac domorum inclusionem iit moris est)\.\\t. 24 of March 1533/4. Witnesses, Mr. Robert Hammyltoun, subdean of the Chapel Royal, Robert Scott, Patrick Knollis, and Domini William Jak and William Davisoun, chaplains.
Folios 32-3.
72. Instrument of Sasine in favour of Robert Wethirspune, burgess of Linlithqw,
and Elizabeth Hammyltoun, his wife, in the tenement described in No. 71 ; following on a precept of sasine by Walter Lyndesay, Lord of St. John, Preceptor of Torfyching, directed to Thomas Evin and Henry Pollart, Temple bailiffs in the burgh of Linlithqw. The tenement had been resigned into the hands of the superior by Dame Christina Edmestoun of Torthrawoun. The liferent of Margaret Stobo or Red is reserved. Place, date and witnesses as in No. 71.
73. Instrument of Sasine, more burgi, in favour of Robert Gray, as son and
heir of the late John Gray, burgess of Linlithqw, in a tenement,'-^ lying on the south side of the High Street of Linlithqw, between the lands of John Ross on the east, and the lands of the said John Gray on the west. Sasine given by/John Crumme, bailie of the said burgh. Done by hasp and
^ On the site of No. 117 121 High Street.
' On the site of part of the Star sind Garter Hotel.
I
1528-1578] Protocol Books of Dominus Thomas J ohnsoun, 15
staple and by shutting him in the house {per haspam et stapulam ostii prefati teneinenti ac domorum inclusionem^ ut inoris est in burgo\ at Linlithqw on the ground of the tenement, the 27 of March 1534. Witnesses, Mr. John KnoUis, William Dennestoun, Matthew Dalmahoy, Henry Forrest, William Barklaw, and Robert Henderson, sergeants.
74. Robert Gray infefts his wife Alison Wawane in liferent in the tenement as
in No. 73. Bailie, date and witnesses as in No. 73. The husband resigned the tenement into the hands of the bailie, by handing him earth and stone, and then the bailie gave infeftment by the same symbols and by shutting her in the house.
Folios 33-4.
75. Instrument of Sasine in favour of Dominus Thomas Davisoun, chaplain of
the altar of St. Bridget in the Parish Church of Linlithqw, and his successors in office, in three roods of land ^ with the barn at the end thereof, lying at the east end of the burgh, between the lands of Dominus John Perry, chaplain, on the west, and the lands of the late Robert Dennistoun on the east ; following on a Mortification by James Robisoun, burgess of Linlithqw, for prayers for the souls of the founders of the altar.2 The resignation v/as made in the burgh court. The sasine was given on the ground by John Crumme, bailie of the burgh, by the giving of earth and stone, the 13 of April 1534. Witnesses, William Dalmahoy, Matthew Dalmahoy, David Halkhed, Patrick Coll, Robert Scott, Patrick KnoUis, Robert Hendersoun and William Barklaw, sergeants.
76. Instrument of sasine in favour of John Saltoun, burgess of Linlithqw, in the
three roods and barn as in No. 75, and also in rood, lying in the same part of the burgh, between the lands of William Hammyltoun in Pardowine on the east, and the lands of the late Robert Dennistoun on the west ; following on a charter by the said chaplain and the bailies and council of the burgh. Place, date and witnesses as in No. 75.
77. Grant by William Hammyltoun of Humbe to Katherine Andirsoun,
widow of Patrick Atkin in Pardowin, of the occupancy of an acre of land with house and garden near Linlithqw, during all the days of her life. If she re-married, she was to forfeit the house and garden. Done in the house of John Hammyltoun in Linlithqw, the 12 of May 1534. Witnesses, John Hammyltoun in Ropploych, Gavin Kneland, William Snype, John Donaldsoun, and John Hammyltoun, burgess of Linlithqw.
Folios 34-5.
78. Instrument of sasine in favour of William Hammyltoun in Pardowin, in the
lands of Wodsyd, extending to six merks and forty pence of new extent, and also in one eighth part of the mill of Morwinsyd, extending to sixteen shillings and eight pence of rent yearly, lying in the sheriffdom of Striveling, and in the barony of Mailwale by annexation and county of Edinburgh ; following on a precept of sasine by Ninian Lord Ross of Halkhed and Mailwale, dated at Mailwale, the 18 of June 1534, directed to John Hammyltoun, burgess of Linlithqw, and William Hammyltoun of Humbe, as his bailiffs. The tenants of the lands were James Telyour, Robert Telyour and Andrew Mathe. The tenant of the mill was James Gryntoun. Sasine given on the lands and at the mill, the 26 of June 1534. Witnesses, John Merschell, Robert Telyour, Walter Tradgals, James Telyour and David Cheislie.
^ In the Low Port.
^ This was one of the altars founded by Robert Begys, burgess of Linlithgow.
1 6 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
79. Disposition by Janet Andirsoun, widow of Robert Pryngill, burgess of
Linlithqw, to William Dennestoun, burgess of the same burgh, of her rights in her late husband's Temple tenement ^ (superior the Lord of St. John of Torfiching), lying on the north side of the High Street of Linlithqw, between the lands of the late Robert Dennestoun on the west, and the lands of Patrick Coll on the east. Done in Linlithqw in the garden of John Ross,'-* the 21 of July 1534. Witnesses, James Robisoun and Matthew Dalmahoy, bailies of Linlithqw, John Ross, Robert Wethirspowne and Patrick Coll,
Folios 35-6.
80. Instrument of Investiture narrating that Dominus Walter Heriot, clerk of
the diocese of St. Andrews, and perpetual vicar of the Church of Linlithqw, appeared at the High Altar of the said church on Sunday at the time of High Mass. He held in his hands a Papal Bull, sealed with the lead seals, and also with the red seals enclosed in wood, of the apostolic see and of the Ordinary of the diocese of St. Andrews. This he handed to Dominus Henry Louk, curate of the Church of Linlithqw, to be read aloud and explained to the parishioners. Then the curate inducted and invested the said Dominus Walter Heriot in the office of vicar as aforesaid by handing him the cup, book and other furniture of the altar. And also with the desire and sanction of James, Archbishop of St. Andrews, Primate of Scotland, Legatus Natus, and by his presentation, as shown in the instrument of Andrew Oliphant, notary public, instituted the said Dominus Walter in all rights, fruits, rents, oblations, casual offerings, and in the house and garden,^ belonging to the said vicarage. Done at the High Altar of the said church at ten o'clock in the forenoon of the 25 of July 1534. Witnesses, Thomas Petticruff, Lyon King at Arms, James Robisoun, William Dennestoun, George Kent, Henry Forrest, Domini Patrick Newlandis, James Newlandis, Andrew Flemyng, William Jak, and Archibald Fawup, chaplains.
81. Charter of Novodamus granted under the Great Seal (undated) by King
James V. to Sir James Hammyltoun of Fynnard, following on his resignation into the hands of the King, as his superior, of the lands of the barony of Awendaile lying in the sheriffdom of Lanark, of the barony of Craufurdjohne lying in the said sheriffdom, of Quhitrige, lying in the sheriffdom of Striveling, of Gorgy, lying in the sheriffdom of Renfrew, the office of Sheriff of Renfrew within the lordship Baythcat, the lands of Kittymour, extending in time of peace to fifty shillings, lying in the barony of Stanhous and sheriffdom of Lanark, of Thorntoun Peile, extending to five merks, lying in the lordship of Kilbryd and sheriffdom of Lanark, of Sandeholme and Breme, lying in the parish of Carlouk and sheriffdom of Lanark, of Killaucht, extending to two merks, of Colquhallane, extending to four merks, of Auchyncloyth, lying in the barony of Uchiltre and sheriffdom of Air. Done at Linlithqw, in the house of the said Sir James Hammyltoun, the 17 of September 1534. Witnesses, William,* Bishop of Aberdeen, Treasurer, Henry,^ Bishop of Whithorn, James Dowglass of Drumlanark, James Akynheid, Henry Kemp, John Tennand, Mr. James Foulis and John Guttere.
82. Instrument of Premonition given by John Hammyltoun, procurator for Sir
James Hammyltoun of Fynnard, to James Hammyltoun of Kyncawill to appear on the 31 of October next between sunrise and sunset in the
1 On the site of 30-34 High Street.
a On the site of No. 4 The Cross.
' These were situated in the south-east part of the churchyard.
* WilUam Stewart, son of Sir Thomas Stewart of Minto
* Henry Wemyss, 15261541.
1528-1578] Protocol Books of Dominus Thomas Johns oun. 17
parish church of Linlithqw, there to receive certain sums of money in redemption of the lands of Manerstone and Medop, lying in the barony of Abircorne and sheriffdom of Linlithqw. Done at the castle of Blackness, the 19 of September 1534. Witnesses, Robert Hamniyltoun in Kerss, David Bogill, William Alexander and Thomas Coupar.
83. Instrument of Redemption granted by Dame Janet Creichtoun,^ liferentrix
of the lands of Manerstone, to Sir James Hammyltoun of Fynnard, on his payment of 500 merks in redemption of the lands -of Manerstoun. Done at the High Altar of St. Michael in the parish Church of Linlithqw, the 31 of October 1534. Witnesses missing.
Folios 37-52 tnissin^.
Folio 53.
84. Fragment of Instrument of Sasine in favour of John Wilsoun in the eleven
merk lands of Wester Scottoun, following on a precept of sasine in his favour by Robert Bissat. Precept dated 26 February 1535/6. Witnesses, Adam Bardinar, John Young, burgess of Linlithqw, William Young, Dominus Thomas Moffat, chaplain, Dominus Thomas Johnsoun, chaplain and notary public. Sasine given by John Falconer as bailiff [date missing]. Witnesses to sasine, Thomas Gyb, John Donaldsoun, John Gyb, Archibald Thomsoun, Robert Wilsoun and Archibald Wilsoun.
85. Liferent Sasine in favour of Janet Falconar, wife of John Wilsoun of Wester
Scottoun, in the eleven merk lands of Wester Scottoun, lying in the barony of Abircorne and sheriffdom of Linlithqw. She was to forfeit her liferent in the event of her re-marriage as a widow. Done on the said lands the 3 of April 1536. Witnesses, John Falconar in addition to the witnesses to the sasine in No. 84.
86. Instrument of Resignation by Dominus William Jak, chaplain of the altar
ofSt. Ann,2 situated in the parish church of Linlithqw, of a tenement^ of land with tailrig, formerly belonging to Matthew Meldrum, lying on the north side of the High Street between the land of the late Thomas Coling on the west, and the Common \"ennel on the east, in the hands of the bailies and council of Linlithqw for sasine to be given to David Rait, burgess of Linlithqw. The tenement had been adjudged by the chaplain at four head courts of the burgh in default of the payment of the annual rent^ due to the said altar from the tenement, conform to process produced, written by Robert Foulis, clerk of the burgh, and sealed with the common seal of the burgh. Done at a burgh court held in the Town- house, before James Robisoun, John Ross and Matthew Dalmahoy, bailies, the 24 of April 1536. Witnesses, Robert Skot, Robert Wethir- spowne, Dominus James Cornwale, chaplain, Alexander Glen, John Hammyltoun, Patrick Knollis, Robert Hendirsoun and Robert Robisoun, sergeants.
Folios 53-4
87. Instrument of Sasine of the said David Rait in the tenement described in
No. 86. Reddendo to the chaplain of the altar of St. Ann and his successors 12s. Scots. Sasine given by Matthew Dalmahoy, bailie of Linlithqw. Done on the ground of the tenement, the 24 of April 1536.
^ Wife of James Hammyltoun of Kincavill.
2 One of the altars founded by Robert Begys, burgess of Linlithgow. The Burgh was patron of the altar.
' On the site of Nos. 152-4 High Street. ^ Originally 13s. 4d.
B
1 8 Protocol Books of Dominus Thomas J ohnsoun. [1528-1578
Witnesses, James Robisoun, John Ross, Robert Scott, Andrew Greif, John Hammyltoun, Robert Wethirspowne, Robert Hendirsoun, Patrick KnoUis and Robert Robisoun, sergeants.
88. Liferent Sasine of Isabella Goff, wife of David Rait, in the tenement
described in No. 86. Place, date and witnesses as in No. 87.
89. Instrument of Resignation by Dominus James Corn wale, chaplain of the
altar of Holy Trinity,' situated in the parish church of Linlithqw, of a tenement - of land with tailrig, formerly belonging to William Auchynvey and Robert Brisoun, lying on the north side of the High Street, between the lands of the late Thomas Coling on the east and the land of the late Andrew Newlands on* the west, in the hands of the bailies of Linlithqw for sasine to be given to Robert Wethirspowne,-' burgess of the said burgh. The tenement had been adjudged by the chaplain at four head courts of the burgh in default of payment of the annual rent due to the said altar from the tenement, conform to process produced, written by Robert Foulis, clerk of the burgh, and sealed with the common seal of the burgh. Done at a burgh court held in the Town-house before James Robisoun, John Ross and Matthew Dalmahoy, bailies, the 24 of April 1536. Witnesses, Robert Scott, Dominus William Jak, chaplain, Alexander Glen, John Hammyltoun, Patrick Knollis, Robert Hendirsoun and Robert Robisoun, sergeants.
Folios 54-5.
90. Instrument of Sasine of the said Robert Wethirspowne in the tenement
described in No. 89. Reddendo to the chaplain of the altar of Holy Trinity and his successors 20s. Scots. Sasine given by Matthew Dalmahoy, bailie of Linlithqw. Done on the ground of the tenement, the 24 of April 1536. Witnesses as in No. 87, with Dominus William Jak in place of Robert Wethirspowne.
91. Liferent Sasine of Elizabeth Hammyltoun, wife of Robert Wethirspowne,
in the tenement described in No. 89. Place and date as in No. 90. Witnesses, James Robisoun, John Ross, Robert Scott, John Hammyltoun, Domini James Cornwale and William Jak, chaplains, Robert Hendirsoun, Patrick Knollis and Robert Robisoun, sergeants.
92. Kindly Tenancy granted by Sir James Hammyltoun of Fynnard to Mungo
Weir, at present occupier of half the lands of Gilgerslo, of the two and a half merk lands of the lands of Gilgerslo, presently occupied by Dominus John Stensoun, chaplain, lying in the barony of Crawfurdjohne and sheriffdom of Lanark, to be held by the said Mungo with the kindly favour of Sir James {cum amicabili favore). Done at Linlithqw in the house of the said Sir James, the 26 of April 1536. Witnesses, Robert Hammyltoun of Briggis, Alexander Glen and James Nasmyth.
98. Instrument of sasine in favour of William Joffra, burgess of Linlithqw, in a tenement ^ lying on the south side of the High Street, between the lands of William Crosar on the east, and the lands of the late David Grintoun on the west ; following on the resignation of Dominus William Hendersoun, chaplain and perpetual vicar of Prestoun, made by the delivery of earth and stone into the hands of Matthew Dalmahoy, bailie of Linlithqw. Done on the ground of the tenement, the 2 of May 1536. Witnesses, James Waucht, William Barre, George Wreicht, John Gibsoun, John Lyntoun, and Patrick Knollis, sergeant.
1 The Burgh were patrons.
2 On the site of Nos. 158-162 High Street. ' Robert Wotherspoon of Brighouse.
* On the site of a part of Nos. 155-161 High Street, Linlithgow.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 19
Folios 55-6.
94. Liferent Sasine of Agnes Brokkas, wife of William Joffra, in the tenement
described in No. 93. Place and date as in No. 93. Witnesses, Dominus William Hendersoun, chaplain and perpetual vicar of Prestoun, James Waucht, William Barre, George W^eicht, John Gibsoun and Patrick Knollis, sergeant,
95. Obligation by Dominus William Hendersoun, chaplain, etc., under letter of
reversion by William Joffra, not to redeem the tenement, described in No. 93, within a year. Place, date and witnesses as in No. 93.
96. Transference by James Hammyltoun in Blakness and Thomas Perry,
executors for the division of the estate of the late Richard Atkin, burgess of Linlithqw, for certain causes moving them, and especially for the benefit of Helen Atkin, only daughter of the said Richard, in favour of Marion Ross, her mother, of all right, claim and special power of their offices of executors. At the house of William Dennestoun, burgess of Linlithqw, the 2 of May 1536. Witnesses, William Hammyltoun of Humbe, John Ross, one of the bailies of Linlithqw, George Caddir, John Harde and James Wardrop.
Folios 56-7.
97. Instrument of Sasine in favour of John Crumme, servitor of the King, in
the lands of Easter Scottoun in the barony of Abircorne and sheriffdom of Linlithqw. The lands had been escheated to the King by reason of the conviction for heresy^ of James Hammyltoun of Kincawill, and had been bestowed by the King on the said John Crumme. The sasine follows on a precept of sasine granted by the superior, John Lord Lyndesay of Byris, and directed to his bailies Richard Johnsoun, William Dennestoun and George Chaipe. Precept dated at Struthir, the 11 of May 1536. Witnesses, James Abircrumme, William Meldrum and David Kynynmoncht. The sasine was given by William Dennestoun, who received for his fee a red ox with a white face, taken from the pasture. Done on the said lands, the 19 of May 1536. Witnesses, John Browne, Bartholomew Merscheli, Robert Merschell and Michael Hutoun.
98. Instrument of Sasine in favour of James Edmestoun in the twenty merk and
ten shilling lands of Walterstoun, lying in the barony of Mailvile and sheriffdom of Linlithqw, following on a precept of Great Seal, dated at Edinburgh, 31 of May 1536, and directed to William Hammyltoun in Pardowin, sheriff-depute of the shire of Linlithqw. The sasine is taken by Dominus Andrew Alexander, chaplain, attorney for the said James Edmestoun. Done at Walterstoun by the delivery of earth and stone and the shutting of the houses, the 31 of May 1536. Witnesses, John Patersoun in Kynpont, Peter Thomsoun, John Wilsoun and James Wardrop.
Folios 57-8.
99. Resignation and Grant made by Katherine Hepburne, widow of John Ham-
myltoune of Newtoune, and her son Alexander Hammyltoune, in favour of Sir James Hammyltoune of Fynnart, of the tack and kindly favour of the teind sheaves and other teinds of the baronies of Awendale and
Club).
Sentence pronounced 26 Aug, 1534 {Acts of General Assemblies^ I. 36, Bann.
20 Protocol Books of Doniinus Thomas J ohnsoun. [1528-1578
Stanhouss, lying in the sherififdom of Lanark. The tack had been held by the said late John of the prebendaries, extending to six stalls, of the College Church of Boithvvell. The said Sir James is to have entry at the feast 1 of the Chains of Peter the Apostle 1535, and to pay ^130 Scots yearly to the said prebendaries in terms of the lease.
At the same time the said Alexander Hammyltoun resigned and granted for certain benefits given him, in favour of the said Sir James, the ward, relief and entry of the lands of Rylandsyd, lying in the said barony of Awendale, which had been held by his late father under grant of Andrew, Lord Avendale. Done in Linlithqw, in the dwelling-house of the said Sir James, the 3 of July 1536. Witnesses, Archibald Hammyltoune of Lathame, Gavin Kneland, George Caddir and James Nasmyth.
100. Vernacular. Contract between Sir James Hammyltoune of Fynnart and James Auchynflek.
At Linlithqw the fird day of Julii the yeir of God laj Vc and xxxvi yeris. It is aggreit betwex James Hammyltoune of Fynnart knicht on the ta part and James Auchynflek on the tothir part in manner forme and effect as eftir follows. That is to say the said James Hammyltoune knicht gevis and assignais the half landis of Twede callit Nethir Twede^ the quhilk the said James Auchynflek is in possessione of now presentlie the quilk the said Sir James has be the decess of umquhill Johne Hammyltoune of Newtoune and sail warrand the said half landis of Nethir Twede with thair pertinentis to the said James Auchynflek and to his assignais and airis ay and quhill the airis of the said umquhill Johne Hammyltoune of Newtoune be lauchfullie entirit of the age of xxi yeris and sail mak the said James Auchynflek his airis and assignais ane letter of gyft of the said half landis of Nethir Twede with thair pertinentis in dew forme as afleris of the ward and nonentress of the saidis half landis with the pertinentis For the quhilk causis the said James Auchyn- flek sail resyng and overgyf in the handis of the said Sir James the forettie ss. land of Foulhop and Halburne with thair pertinentis and presentlie now resignis the samyn landis of Foulhop and Halburne with thair pertinentis withall rychtisevidentisthat the said James Auchynflekhes had or may have in tyme cummyng and sail warrand the samyn to the said Sir James his airis and assignais perpetualie and sail gyf him all evidentis that the said James Auchynflek hes thairupoune and sail causs his wyff"to renunce the samyn. And gyf ony causs or caussis happynis to fall in tyme cummyng quhar throw the said James Auchynflek ma not bruk and joiss the forsaid half landis of Nethir Twede with thair pertinentis peceablie indurand the tyme of the ward and nonintress thairof In that cace it salbe lesum to the said James Auchynflek till have full ingress and enteress to the forsaid xlss. land of Foulhop and Halburne with thair pertinentis lik as he had afor the makkin of this contract and nane shall have entress thairto be na auctorite nor titill of rycht. And this appunctment and contract to be considerit and seyn be men of law and quhair it falis in ony pont quharthrow it ma do prejudice to the said James Auchynflek to be raformit and retretit be the awyss of men of law ane or ma and to mak sekir securite quhar it falis that he bruk not the half landis of Nethir Twede (as said is) bot till have enteress till his awn landis of Foulhop and Halburne with thair pertinentis without impediment or pley. And this done befor thir witnesses James Hammyltoune of Stan- houss, James Robisoun, balye of Linlithqw, John Hammyltoune of the Haggis, Johne Hammyltoune, serwand to the said James Hammyltoune of Stanhouss, and Sir^ Thomas Johnsoun notar public with otheris diversj.
^ I August.
^ In the barony of Stanehouse, sheriffdom of Lanark.
^ Dominus.
1528-1578] Protocol Books of Dominus Thomas J ohnsoun, 21
101. Protest by Katherine Hepburne, widow of John Hammyltoune *of
Newtoun, that nothing in the contract (in No. loo) shall be prejudicial to the heirs and children of the said late John. Done at Linlithqw, the 4 of July 1536. Witnesses, the first three as in No. 100.
Folios 58-9.
102. Warrandice by Sir James Hammyltoune of Fynnart to James Auchynflek,
of the possession of the half of the hundred shilling lands of Twede ^ with half of the mill and multures thereof, during the ward and non- entry of the same by the heirs of the late John Hammyltoune of Newtoun, and also against James Hammyltoune of Stanhouss or others claiming interest in the said ward. Done at Linlithqw, in the house of the said Sir James, the 26 of August 1536. Witnesses, Archibald Hammyltoune of Lathame, James Alisoun and James Nasmyth.
103. Resignation by James Auchynfleck in favour of Sir James Hammyltoune
of Fynnart, of the lands of Halburne and Foulhope, in respect of certain very valuable exchanges granted to him by the said Sir James with his singular favour and divine blessing {cum suo sinoulari favor e et benedic- tione divina). Place, date and witnesses as in No, 102.
104. Assignation by Sir James Hammyltoune of Finnart in favour of John
Bannatyne of Corhous, as his assignee' and cessioner in and to the ten pound lands of old extent of Bonitoun, lying in the sheriffdom of Lanark. The lands formerly belonged to James Cunyghame of Bonitoun, but now to the said Sir James by gift from the King under the Privy Seal.^ Done at Linlithqw, the 11 of September 1536. Witnesses, James Nasmyth, Robert Hammyltoune of Briggis, David Mowat, Archibald Blair, and Robert Hammyltoune or Blasis.
Folios 59-60.
105. Assignation by Mr, Bartholomew Kello in favour of William Craufurd in
Kynnele, of his four years' tack of the glebe and church lands of the vicarage of Kynnele, called the Dene of Kynnele, lying within the sheriff- dom of Linlithqw, with the smaller and greater teinds of the said lands. The assignee is to pay annually to the said Mr. Bartholomew the sum of ^33 : 6 : 8 Scots. Done at Linlithqw, the 21 of September 1536. Witnesses, John Hammyltoune, burgess of Linlithqw, Alexander Ka, burgess of Edinburgh, and Dominus John Wricht, chaplain and curate of Kynnele.
106. Instrument of Sasine, more burgi^ in favour of Gilbert Spade, as heir of the
late Thomas Spade,* in a tenement ^ lying in the burgh of Linlithqw, on the north side of the High Street, between the lands of Duncan Kerss on the east, and the lands of John Goff on the west. Sasine given by William Dennestoun, bailie of Linlithqw, by delivery of hasp and staple and the shutting of the houses. Done on the ground of the tenement, the 13 of November 1536. Witnesses, Robert Skot, Peter Balderstoun, William Wilsoun, Robert Spade, Patrick Merscheli, Robert Hendersoun, Patrick Knollis and Robert Robisoun, sergeants.
107. Discharge by John Ka, as heir of the late James Ka, his father, in favour
of Robert Hammyltoune in Philipstoune, burgess of Linlithqw, and husband of the late Marion Couper, mother of the said John Ka, of all
^ Reg. of Privy Seal, v. 10, f. 61, ward, non-entry and relief gifted by the King to Finnart, 22 Oct. 1535. - Signet w.
2 Reg^ Privy Seal, x. 90, 8 Feb. 1535/6. ^ His uncle. (Burgh Court Service.) ^ On the site of Nos. 272-4 High Street.
2 2 Protocol Books of Dominus Thomas Jo/msoun. [1528-1578
heirship goods falling to the said John through the decease of Patrick Ka, his grandfather, of James Ka, his father, and of Marion Couper, his mother. Done at Linlithqw, in the house of the said John Ka, the 25 of November 1536. Witnesses, Patrick Coll, John Caling, Robert Gray, David Lewyngstoun of Ballinton,and Matthew Hammyltoune, son of the said Robert Hammyltoune.
Folios 60-1.
108. Obligation by Robert and John Hammyltoune, burgesses of Linlithqw,
jointly and severally, to pay to James Ka, son of the late James Ka, burgess of Linlithqw, the sum of 25 merks Scots in full and complete payment of his bairn's part of gear, belonging to him through the decease of Patrick Ka, his grandfather, also of his father, and of Marion Couper, his mother. Date, place and witnesses as in No. 107, with John Ka, and without Matthew Hammyltoune.
109. Instrument of Sasine in favour of Patrick Wilsoun, burgess of Linlithqw,
following on resignation by Helen Johnstoun, his wife, of a tenement and orchard,^ lying outside the East Port of Linlithqw, on the north side of the King's Street, between the lands belonging to the chapel of the Blessed Virgin Mary on the west, and the lands belonging to the altar of St. Bridget, situated in the Parish Church of Linlithqw, on the east. The resignation was made on the ground of the tenement by handing earth and stone thereof to John Hammyltoune, one of the bailies of Linlithqw, who gave sasine by the same symbols and by shutting the houses. Done at Linlithqw, the 27 of November 1536. Witnesses, William Dennestoun, bailie of Lmlithqw, Robert Scott, George Bell, John Ross, John Jamesoun, Alexander Blake, Robert Hendersoun and Robert Robisoun, sergeants.
110. Liferent Sasine of Helen Johnsoun, wife of Patrick Wilsoun, in the tenement
described in No. 109. Bailie, place, date and witnesses as in No. 109.
111. Instrument of Sasine, wore burgt, of Christina Saltoun, as heir of her
grandfather, the late James Saltoun, in a tenement^ in Linlithqw lying on the south side of the High Street between the lands of Sir James Hammyltoune of Fynnartt on the west, and the lands of John Wawane on the east and south. Sasine by William Dennestoun, one of the bailies of Linlithqw, by delivery of the hasp and staple of the door and by shutting the houses. Done on the ground of the tenement, the 27 of November 1536. Witnesses, John Wawane, John Ross, Robert Hammyltoune or Blasis, William Robisoun, Bartholomew Brokkas, John Jamesoun, and Robert Hendersoun, sergeant.
Folios 61-2.
112. Instrument of Sasine in favour of John Saltoun, burgess of Linlithqw, in
tenement described in No. in, following on resignation of the said Christina Saltoun. Place, date and witnesses as in No. iii.
113. Discharge by James Duncane, brother german of Gavin Duncane, burgess
of Linlithqw, in favour of Robert Carribbir of that Ilk of the sum of 26 merks, being the dowry stipulated in the marriage contract of the said Gavin as payable to him by the said Robert. Gavin Duncane had resigned the said sum to his brother James. Done at Linlithqw, in the house of John Young, the 29 of November 1536. Witnesses, James Brokkas, James Gryntoun, John Young, William Young and Gavin Duncane.
1 With a frontage of 1 1 roods (220 feet) to the High Port, on the site of part of the Regent Factory.
* House and bakery on the corner of the site of No. 69 High Street.
1528-1578] Protocol Books of Dominus Thomas J ohnsoun. 23
114. Liferent Sasine of Elizabeth or Bessie Byris, affianced wife {sponsa
appa^ ens) of A\exa.nder Suerd, burgess of Linlithq\v,in the said Alexander's tenement ^ lying at the east end of the burgh between the lands of the late Robert Dennestoun on the east, and the lands of the late John Bird on the west. Sasine given by John Hammyltoune, one of the bailies of the burgh, by the delivery of earth and stone and the shutting of the houses. Done on the ground of the tenement, the 29 of November 1536. Witnesses, Robert Wethirspune, John Falconar, Alexander Reddocht, David Wilsoun, and Patrick Knollis, sergeant.
115. Investiture of Dominus Archibald Fawup, chaplain, in the right of the
altar ^ of St. John the Baptist, situated and founded in the Parish Church of Linlithqw, made by William Dennistoun, one of the bailies of Linlithqw, as instructed by the Council and Burgesses of the said burgh. The holding of the altar was vacant in their hands through the death of Dominus Robert Wolff, the last possessor. The symbols of investiture were the book, chalice, keys and other furniture of the altar. Done at the said altar, the i of December 1536. Witnesses, James Robisoun, Robert Wethirspune, Domini Henry Louk, William Davisoun and Robert Townnis, chaplains, John Thomsoun younger, Edward Wilsoun, Patrick Knollis, Robert Hendersoun and Robert Robisoun, sergeants.
Folios 62-3.
116. Instrument of Sasine in favour of Edward Wilsoun, burgess of Linlithqw,
in two rigs'' of land lying on the south side of Linlithqw, between the lands of Henry Ramsay on the east, and the lands of William Foulis on the west, which two rigs formerly belonged to Thomas Forrest, grand- father of Henry Forrest, burgess of Linlithqw, following on charter of resignation by the said Henry in favour of the said Edward. Done on the ground, the 14 of December 1536. Witnesses, George Callenter, David Rait, Robert Goff, Robert Johnsoun, Robert Hendersoun and Patrick Knollis, sergeants.
' 117. Wadset by Christina Young, widow of Anselm Foulis, burgess of Linlithqw, for the sum of five pounds Scots, to Henry Falconar, of her toft and croft with houses and gardens, called the Lonyng, lying within the Liberty of the burgh of Linlithqw, near the east end of the town, and of her acre of land held in feu, lying between the lands of Patrick Crechtoun on the east, and the lands of Bonitoun on the west. He was to hold the lands without payment of rent, but to resign and deliver them to her on repay- ment of the said sum. She was not to redeem the lands within a year. Done at Linlithqw, in the chamber of Dominus Thomas Johnsoun, chaplain, 7 of January 1536/7. Witnesses, John Keir, George Pacok and William Young.
118. Instrument of Sasine in favour of John Wilsoun of Wester Scottoun, in an annual rent of five merks, to be levied from the eleven merk lands of Wester Scottoun, lying in the sheriffdom of Linlithqw, held by him in feu from Robert Bissat of Quarrell and Wester Scottoun, following on precept granted by the said Robert. Precept dated at Quarrell, the 18 of December 1536. Witnesses to precept, Adam Bardinar, John Watsoun, Henry Bardinar, and Dominus Thomas Moffat, chaplain. Sasine given by David Red in Bynnis, bailiff for 'the grantor, by the delivery of earth and stone and of a penny. Sasine dated 8 January 1536/7. Witnesses, John Slater, David Wilsoun, Archibald Wilsoun and James Newlandis.
^ Now part of the Academy grounds.
- The Burgh were patrons of this altar.
^ Lying outside the town wall behind Nos. 129-135 High Street.
24 Protocol Books of Dominus Thomas J ohnsoun. [1528-1578
Folio 64.
119. Discharge by William Auchynflek, son and heir of the late Robert
Auchynflek, in favour of Sir James Hammyltoune of Fynnart, for the sum of 80 merks in redemption of the forty shilling lands of Crukburne, lying in the barony of Avendale and in the sheriffdom of Lanark. Done in the Parish Church of Linlithqw, the 12 of January 1536/7. Witnesses, Dominus William Jak, chaplain, Walter Lodowne, Archibald Hammyl- toune of Lathame and James Nasmyth.
120. Wadset by James Grintoun, son and heir of the late David Grintoun, for
the sum of 40 shillings Scots, to Alexander Stensoun or Huchioun, burgess of Linlithqw, of his tenement of land, presently occupied by the said Alexander and by Elizabeth Montfod, widow of the said David Grintoun. The said Alexander is to sit rent free till the loan is repaid. Done at Linlithqw, in the house of Patrick Farlie, the 17 of January 1536/7. Witnesses, Patrick Farlie, Michael Gibbisoun, David Russale, and Dominus David Hutoun, .chaplain and notary public.
121. Assignation by Mr. James KnoUis, rector of the churches of Roskene and
Slamannane, in favour of Robert Hammyltoune in Briggis, as his cessioner, assignee, and donatory for three years in and to all the fruits, emoluments, and teinds, rector's and vicar's, of the said churches ; and also his cessioner and executor to receive after his death his just annat from "the said churches ; and also his procurator to sue the fermorars and parishioners for non-payment of dues. Done at Edinburgh, in the church of St. Giles, the 18 of January 1536/7. Wit- nesses, Archibald Hammyltoune of Lathame, William KnoUis, James Alesoun and Richard Grege.
Folios 64-65.
122. Sasine, more burgi^ in favour of Elizabeth Laverok, wife of William Smyth
or Pottar, and one of the heirs of the late James Laverok, her father, cognosced in the Town-house of Linlithqw, in a third part of a tenement ^ of land, on the north side of the High Street of Linlithqw, lying between the lands of Henry Forrest on the east, and the lands of Dominus Thomas Johnsoun, chaplain, on the west. Sasine given by John Hammyltoune, one of the bailies of Linlithqw, by the delivery of hasp and staple, and by the shutting of one of the houses. Done on the ground of the tenement, the 9 of February 1536/7. Witnesses, William Davisoun, David Thomsoun, Robert Scott, Dominus Andrew Flemyng, chaplain, Robert Hendersoun, Patrick Knollis and Robert Robisoun, sergeants.
123. Instrument of Sasine in favour of William Smyth or Pottar, husband of •Elizabeth Laverok, of her third part of the tenement described in No.
122, following on her resignation, but reserving her liferent. Bailie, place, date and witnesses as in No. 122.
124. Sasine, more burgi, in favour of Alison Laverok, one of the heirs of the
late James Laverok, her father, in one third of the tenement, described in No. 122. Bailie, place and date as in No. 122. Witnesses, William Dennestoun, Robert Scott, Dominus Andrew Flemyng, chaplain, Robert Hendersoun, Patrick Knollis and Robert Robisoun, sergeants.
125. Sasine, more burgi^ in favour of Marion Laverok, wife of David Thomsoun,
one of the heirs of the late James Laverok, her father, in one third of the tenement, described in No. 122. Bailie, place and date as in No. 122.
* On the site of Nos. 74-76 High Street.
1528-1578] Protocol Books of Dominus Thomas Jo hnsoun. 25
Witnesses, William Dennestoun, William Hammyltoune in Grange, George Bell, Patrick Knollis, Robert Hendersoun and Robert Robisoun, sergeants.
Folios 65-6.
126. Instrument of Sasine, in favour of David Thomsoun, husband of Marion
Laverok, of her third part of the tenement described in No. 122. Bailie, place, date and witnesses as in No. 125.
127. Sasine, more burgi^ in favour of Elizabeth Denis, as heir of the late James
Denis, burgess of Linlithqw, her father, cognosced in the Townhouse of Linlithqw, in a tenement of land, ^ lying on the south side of the High Street of Linlithqw, between the lands of James Hammyltoune on the east ; and the lands of Dominus Henry Mechel, chapel of the altar of All Saints in the Parish Church of Linlithqw, on the west ; the lands of the late David Grintoun on the south, and the lands of the late William Auld on the north. Sasine given by John Hammyltoune, one of the bailies of Linlithqw. Done on the ground of the tenement, the 9 of February 1536/7. Witnesses, William Dennestoun, David Thomsoun, Robert Scott, James Ade, Patrick Knollis, Robert Robisoun, and Robert Hendersoun, sergeants.
128. Instrument of Sasine, in favour of W^illiam Davisoun, burgess of Linlithqw,
in the tenement described in No. 127, following on charter of resignation by Elizabeth Denis, heir of the late James Denis. Bailie, place, date and witnesses as in No. 127.
129. Instrument of Sasine, in favour of Patrick Hammyltoune, burgess of
Linlithqw, in two rigs of land lying on the south side of the burgh of Linlithqw, between the lands of Robert Young on the east, and the lands of John Hammyltoune on the west, following on charter of resignation by John Ramsay, burgess of Linlithqw. Sasine given by Robert Wethirspowne, one of the bailies of Linlithqw. Done on the ground, the 12 of February 1536/7. Witnesses, Allan Hammyltoune, John Somerwale, Patrick Craufurd, Robert Robisoun and Robert Hendersoun, sergeants.
Folios 66-67.
130. Resignation by Janet Robisoun, wife of John Ramsay, burgess of Linlithqw
of her conjunct fee in the two rigs described in No. 129. Bailie, date and witnesses as in No. 129.
131. Instrument of Sasine in favour of John Hammyltoun, commonly called
Lang John Hammyltoun, in a tenement^ with garden and tailrig, lying on the east side of the Market Cross of Linlithqw, between the lands of the late John Huchion on the north, and the lands of Dominus William Davisoun, chaplain of the altar of Holy Trinity, situated and founded in the Parish Church of Linlithqw, on the south, following on resignation by James Hammyltoun, son and heir of the late Robert Hammyltoun, burgess of Hammyltoun, by the hands of his procurator John.Wawane, burgess of Linlithqw. The sasine was given by Robert Wethirspune, bailiff for the Prior of St. Andrews, superior of the tenement. Done on the ground of the tenement, the 12 of February 1536/7. Witnesses, Bartholomew Brokkas, George Bell, Robert Johnsoun, John Johnsoun, and Robert Robisoun, sergeant.
1 On the site of the middle part of the east rood of Nos. 111-115 High Street. * On the site of Ncs. 7 and 8 Cross.
26 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
132. Discharge by Patrick Thomsoun, one of the sons of John Thomsoun elder,
burgess of Linlithqw, in favour of his said father, for payment of his bairn's part of gear due to him by the death of his mother, Christina IJoge, and also of his same right in his father's estate. Done at Linlithqw in his father's house, the 13 of February 1536/7. Witnesses, John Hammyltoun, one of the bailies of Linlithqw, William Johnsoun, Robert Toddryk, and John Thomsoun, younger.
133. Sasine more burgi in favour of Patrick Walkar, as heir to his father, the
late John Walkar,' in a tenement - with garden and tailrig, lying on the north side of the High Street of Linlithqw, between the lands of David Thomsoun on the east, and the lands of James Brokkas on the west. The bailie giving sasine was Robert Wethirspune. Done on the ground of the tenement, the 9 of March 1536/7. Witnesses, John Fawup, David Thomsoun, Robert Hammyltoun in Cumnok, John Fostar, James Harde, Robert Kennite, smith, Patrick Knollis and Robert Hendersoun, sergeants.
Folios 67-8.
134. Instrument of Sasine in favour of John Hammyltoun, burgess of Linlithqw,
in the tenement described in No. 133, following on resignation by Patrick Walkar. Bailie, place, date and witnesses as in No. 133.
135. Liferent Sasine in favour of Elizabeth Salmont, wife of William Davisoun,
burgess of Linlithqw, in his tenement described in No. 127. Bailie giving sasine, William Dennistoun. Done on the ground of the tenement, the 21 of March 1536/7. Witnesses, David Thomsoun, Patrick -Davisoun, younger, Patrick Hammyltoun, and Patrick Knollis, sergeant.
136. Obligation by George Hammyltoun of Katcastell "^ to pay the sum of 16
merks to John Gudlaid, son of George Gudlaid in Strabrock,^ for which sum the said George Hammyltoun had come in pledge for Andrew Hammyltoun, natural son of Sir James Hammyltoun of Fynnart. Done in the Parish Church of Linlithqw, the 31 of March 1537. Witnesses, Dominus Walter Heriot, vicar of Linlithqw, William Wilsoun, Henry Wilyemsoun, James James and Alexander Borthik.
137. Instrument of Sasine in favour of Robert Jame, burgess of Linlithqw, in a
tenement ■' of land with garden and tailrig, lying at the east end of the burgh of Linlithqw, between the lands of James Robisoun on the east, and the lands of James Hammyltoun on the west, following on resigna- tion by James Nycholl, burgess of Linlithqw. Bailie giving sasine, William Dennestoun. Done on the ground of the tenement, the 9 of April 1537. Witnesses, Peter Newlandis, John Gray, John Saltoun, Domini Adam Store and William Jak, chaplains, Robert Hendersoun, Robert Robisoun and Patrick Knollis, sergeants.
138. Liferent Sasine in favour of Elizabeth Ross, wife of Robert Jame, in his
tenement as described in No. 137. Bailie, place, date and witnesses as in No. 137.
Folio 69.
139. Sasine more burgi in favour of Robert Nycholl, as heir of the late John
Nycholl, his father, in a tenement ^ of land with yard and tailrig, lying
- John Walker in Badlormie.
- On the site of No. 374 High Street.
" In the barony of Stanehouse, county of Lanark.
^ Now Broxburn.
^ Now part of the Academy Park.
^ Now in the grounds of Cross House,
1528-1578] Protocol Books of Dominus Thomas J ohnsoun. 27
in Linlithqwon the west side of the Kirkgate, between the lands of James Nycholl on the north, the lands of the late William Wawane on the south, and the Loch on the west. Bailie giving sasine, William Dennestoun. Done on the ground of the tenement, the lo of April 1 537. Witnesses, John Ross, Robert Scott, William Beir, John .Saltoun, Robert Jobnsoun, Robert Hendersoun, and Patrick Knollis, sergeants.
140. Instrument of Sasine in favour of Robert Gardinar or Cukye, in the
tenement described in No. 139, following on resignation by Robert Nycholl. Bailie, place, date and witnesses as in No. 139.
141. Instrument narrating that Margaret Spens, daughter and one of the heirs
of the late John Spens, burgess of Linlithqw, had been served in the Burgh Court of Linlithqw as heir to her father in one quarter part of his tenement^ of land, lying on the south side of the High Street of Linlithqw, between the lands of the late Luke Lychtman on the west, and the lands of the late James Perry on the east ; and also that John Thomsoun, younger, burgessof Linlithqw, husband of Marion Spenss, heir of a second quarter of this tenement, requested this instrument to be drawn up. Done in the Burgh Court of Linlithqw, the 9 of May 1537. Witnesses, William Dennestoun, Robert Wethirspune and John Hammyltoun, bailies, William Crosar, John Wawane, Peter Newlandis, William Beir, Robert Young and John Gofif.
Folios 69-70.
142. Transumpt in favour of David Rait, burgess of Linlithqw, of a process of
recognition, led at four head courts of the burgh, by reason of non- payment of an annual rent payable from the tenement ^ of the late Matthew Meldrum lying on the north side of the High Street of Linlithqw, between the lands of the late Thomas Coling on the west, and the Common Vennel on the east.
Dominus David Erkill, chaplain of the altar of St. Anne, situated and founded in the Parish Church of Linlithqw, came to the said tenement, with James Saltoun, sergeant of the said burgh, who by command of the bailies and in presence of John Thomsoun, Andrew Scott, Robert Dunmure and John Teddocht, delivered earth and stone of the said tenement to the said chaplain for the first recognition in the first head court held on the 7 of October 1516, by Robert Scott, Robert Dennestoun and John Gowane, bailies of the said burgh. The suit was led for failure to pay an annualrent of 13s. 4d. annually due to the said altar from the said tenement. Similar proceedings were taken at the second head court held on 20 January 1 516/7, by William Wethirspowne, James Robisoun and Thomas Hammyltoun, bailies ; the said chaplain taking earth and stone of the tenement in presence of James Saltoun, sergeant, Robert Toddrick, John Gibbisoun, Robert Fostar and John Ademsoun ; and at the third head court held on the 17 of April 15 17, by Thomas Hammyltoun and James Robisoun, bailies, the said chaplain taking earth and stone of the tenement in presence of John Balderstoun, sergeant, Robert Toddrick, John Fresall, Robert Fostar and William Duncane ; and also at the fourth head court held on the 5 of October 1 5 17, by Thomas Hammyltoun and James Robisoun, bailies, the said chaplain taking earth and stone of the tenement. Thereupon the said chaplain sought ward and decree in his favour. After examination of the court rolls, in which it was stated that parties had been heard, and the tenants called at all the courts to see if any would pay, but that none had appeared, thereupon the court asked the said chaplain if he were willing to affirm his allegation by a proper pledge. This the chaplain placed in the hands of James Saltoun, sergeant. Then the court was
1 On the site of Nos. 39-41 High Street.
2 On the site of Nos. 152-154 High Street.
28 Protocol Books of Dominus Thomas J ohnso2in. [1528-1578
cleared, the bailies deliberated, and John Clerk, deemster, pronounced the judgment of the court, adjudicating the tenement to belong heritably to the said altar in respect of the non-payment of the said annualrent, saving always the time for relaxation according to use and wont.
The transumpt was done in the burgh court before Robert Wethirspoune, bailie, the 4 of July 1537. Witnesses, Robert Wethir- spoune, James Robisoun, Dominus David Hutoun, chaplain and notary public, Robert Robisoun, Robert Hendirsoun and Patrick Knollis, sergeants.
143. Instrument drawn up at the request of Sir James Hammyltoun of Fynnart,
and containing a transumpt of a royal warrant for a money payment to him, signed by Robert Abbot of Holyrood near Edinburgh, James Foulis, clerk register, Mr. Thomas Erskin, secretary, and Thomas Scott, justiciary-clerk.
" My lord Gray ye sail deliver the aucht hundrecht merkis and fyfty for quhilk ye ar ackit to us in the kyngis naime to Sir James Hammyltoun of Fynnart knicht takand his acquittance thairupone becauss we have assignit the sammyn to him for the expensis and money debursit be him in sending and fornasing of harnnossing to horsis and conwayng of certane hundis and hakkis to the kyngis grace. Eftir the quilk acquittance resavit be you to be presentit to us we consent and ordainis the officiale of Sancte Andrewis within the Archdenry of Lodien to delever and put away the said act furcht of his bukkis upone the charge of the said Sir James for the causis aboune writtin and payment to be maid to him kepand this our writ with the said Sir James acquittance of payment for your warrand. Subscrivit with our handis at Edinburgh the last day of November the yeir of God I" V^ and XXXVI yeiris."
The transumpt was done in the Parish Church of Linlithqw, in the aisle of St. Katherine the Virgin, the 13 of July 1537. Witnesses, Robert Hammyltoun in Briggis, Thomas Weir, George Hammyltoun in Medop, Matthew Hammyltoun in Philipstoun.
Folios 70-1.
144. Liferent Sasine of Katherine Wawane, wife of Robert Gardinar or Cukye,
burgess of Linlithqw, in his tenement described in No. 139. Done on the ground of the tenement, the 23 of July 1537. Bailie giving sasine, William Dennestoun. Witnesses, John Ross, James Nasmyth, Domini Henry Louk and William Jak, chaplains, and Patrick Knollis, sergeant.
145. Instrument of sasine in favour of Sir James Hammyltoun of Fynnart in
half the lands of Medop, half the lands of Mannerstoun and half the mill of Abercorne, lying in the barony of Abercorne and sheriffdom of Linlithqw, following on charter granted by Elizabeth Martyne, Lady of Falscastell. Precept dated at Edinburgh, the 24 of July 1 537. Witnesses to precept, Walter Summerwale, Mr. John Hammyltoun, vicar of Craggy, Thomas Ogilvy, Adam Kenty, John Baichquhanen, Alexander Young, notary public. Sasine given on the ground by delivery of earth and stone by George Hammyltoun in Medop, bailiff for the granter. Dated the 9 of August 1537. Witnesses, Gavin Knelland, Robert Symsoun, George Stensoun, Alexander Johnsoun in Auld Lystoun, Peter Mowbra, Mr. John Hammyltoun, vicar of Cragye, Dominus William Jak, chaplain.
Folios 71-2.
146. Instrument of Sasine in favour of Sir James Hammyltoun of Fynnart in
the lands of Weltoun, lying in the barony of Langtoun, by annexation of the barony of Carriddin, and in the sheriffdom of Linlithqw, following on
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 29
charter by the superior, James Cokburne ofLangtoun. Precept dated at Edinburgh, the 30 of May 1537. Witnesses to precept. Sir Adam Ottirburne of Redhall, Mr. John Hepburne of Beinstoun, William Cokburne of Choislie, Robert Cokburne, John Crosar, Dominus John Ker, chaplain, and Mr. Bartholomew Kello, notary public. Sasine given on the ground by delivery of earth and stone by George Hammyltoun in Medop, bailiff for the granter. Dated 9 of August 1537. Witnesses as in No. 145.
147. Instrument of Sasine in favour of William Halywell, burgess of Linlithqw,
in a tenement,! garden and tailrig, lying on the south side of the High Street of the burgh of Linlithqw, between the lands of Robert Foulis on the east, and the lands of John Burne on the west, following on charter of resignation by Alexander Suerd, burgess of said burgh. Sasine given by Robert Wethirspowne, bailie of Linlithgow. Dated 27 of August 1537. Witnesses, William Dennestoun, Robert Scott, Mr. Bartholomew Kello, notary public, George Bard, John Fawup, Patrick Knollis, Robert Hendirsoun and Robert Robisoun, sergeants.
148. Liferent Sasine of Christina Ker, wife of John Saltoun, burgess of
Linlithqw, in his tenement as described in No. iii. Dated the 5 of October 1 537. Sasine given by William Dennestoun, bailie of Linlithqw. Witnesses, Robert Wethirspowne, John Ade, John Wavvane, Robert Robisoun and Patrick Knollis, sergeants.
Folios 72-3.
149. Gift by Marion Robisoun, wife of William Wethirspowne, burgess of
Linhthqw, to her adopted son, William Hume, of the sum of 600 merks Scots. Done at Linlithqw, in the booth of John Wawane by delivery of a penny, the 11 of October 1537. Witnesses, Dominus Robert Dennestoun, vicar of Dedistoun, John Wawane and William Young.
150. Resignation made by Dominus Peter Cranstoun, chaplain, procurator for
Jaspar Cranstoun, laird of Corsbe, into the hands of the King as superior, of the lands of the barony of Bowne, lying in the sheriffdom of Berweik. The resignation was made in favour of John Cranstoun, son and heir of the said Jaspar, under reservation of the liferent of the said Jaspar. The King favourably received the resignation, and resigned, gave and granted the said lands to James Ross, as attorney for the said John Cranstoun, according to letters of attorney under the quarter seal. Done at Linlithqw, in the King's chamber, the 12 of November 1537. Witnesses, George, Earl of Rauchous, John Hay, John Leslie, Oliver Singlar, Henry, Drummond, Thomas Hammylton, and Matthew Hammyltoun in Mylburne.
151. Instrument of Sasine propriis manibus in favour of Sir James Hammyltoun
of Fynnart, in the patronage of the altar ^ of St. John the Apostle and Evangelist, situated and founded in the Parish Church of Linlithqw, with its lands, fruits, revenues and pertinents, following on gift by William Hammyltoun in Pardowin, patron of the said altar. Sasine given by delivery of book, chalice and other furniture of the altar. Done at the said altar, the 24 of November 1537. Witnesses, George Hammyltoun in Medop, John Crumme, Archibald Hammyltoun in Latham, Robert Hammyltoun in Briggis, William Hammyltoun of Humbe, Philip Quhithed, Domini William Cornwale and Robert Townnis, chaplains, William Snype and David Balye.
^ On the site of part of No. 143 High Street. 2 Founded by the Hamiltons of Kincavil.
30 Protocol Books of Dominus Thomas Jo hnsoun. [1528-1578
152. Liferent Sasine of Elizabeth Douglas, wife of James Robisoun, younger,
burgess in Linlithqw, in his tenement^ lying on the north side of the High Street of Linlithqw, between the lands of Patrick Redding on the west, and the lands of the chaplain of the altar of St. Nicholas, situated and founded in the Parish Church of Linlithqw, on the east. Sasine given by James Robisoun, elder, bailie of the burgh. Done on the ground of the tenement, the 26 of November 1537. Witnesses, William Bower, William Red, Patrick Foulis, Robert Robisoun, walker, and Robert Robisoun, sergeant.
Folios 73-4.
153. Liferent Sasine of Katherine Hammyltoun, wife of Matthew Inglis, in his
tenement •^' lying on the north side of the High Street of Linlithqw, between the lands of Robert Mayne on the west, and the lands of John Ka on the east. Sasine by John Ross, bailie of the burgh. Done on the ground on the tenement, the 4 of December 1537. Witnesses, Robert Mayne, Patrick Hammyltoun, William Bower, John Barre, Patrick Knollis and Robert Hendirsoun, sergeants.
154. Instrument of Sasine in favour of Sir James Hammyltoun of Fynnart in
half the lands of Medop, half the lands of Mannerstoun, and half the mill of Abercorne, lying in the barony of Abercorne and sheriffdom of Linlithqw, following on precept of Sasine granted by Elizabeth Martyne, Lady of Falscastell, who had held these lands of John Lord Lyndesay of Byris, baron of the said barony of Abercorne. Precept dated at Edinburgh, 24 of July 1537. Witnesses to precept as in No. 145. Sasine given by George Hammyltoun in Medop, bailiff for the granter, to John Harde, attorney for the grantee. Done on the grounds of the subjects singillati?n^ the 5 of February 1537/8. Witnesses, Thomas Wod, Robert Alexander, John Wilsoun, John Gryntoun, Alexander Mowbra, John Gyb, John Robisoun, James Byris, James Bell and William Smyth.
Folios 74-5.
155. Redemption by John Goff, burgess of Linlithqw, of an annual rent of 8s.,
payable from his tenement,^ lying on the north side of the High Street of Linlithqw, between his lands on the east and west. This annual rent had been purchased for the obit of the late Henry Wernok and his wife, and was administered by the burgh. After premonition given to the bailies, councillors and burgesses of Linlithqw, the said John Goff appeared in their presence at a court held in the Town-house, and laid on the table of the court {mensa stabiila cinice) the sum of six pounds Scots in redemption of the said annualrent. Done in the Court-house, the 6 of February 1537/8. Witnesses, Mr. Bartholomew Kello, notary public, Dominus William Davisoun, chaplain, John Loverans, Robert Fostar, Alexander Glen and John Gray.
156. Assignation in favour of Sir James Hammyltoun of Fynnart by William
Weir of Stanebyris, 9f the ward, non-entry and relief of the twenty merk land of old extent of Hesilsyd, lying in the lordship of Douglas and sheriffdom of Lanark, which the said William Weir held by gift of the King under the privy seal, dated at Edinburgh the 12 of November 1537. The ward of these lands had come into the King's hands through the
death of William Symontoun. The granter reserved to himself and
Hammyltoun, his wife, for four years after the death of the said William
^ On the site of 276-8 High Street ; the principal tenement of the family of Robisoun, of whom Mr. John Robisoun was afterwards Treasurer of Ross. " On the site of the east rood of Nos. 262-270 High Street. 3 On the site of Nos. 178-180 High Street.
1528-1578] Protocol Books of Dominus Thomas J ohnsotm, 31
Symontoun, " quha deit at the fest of Martynmes last bipassit," a part of the said lands, commonly called Powmukkis, extending to 40s. lands, which the late Quentin Weir and Elizabeth Hamilton held of the late William Symontoun. Done at Linlithqw, in the lodging of the assignee, the 20 of February 1537/8. Witnesses, William Snype, Robert Hammyl- toun, called Red Robert, and James Nasmyth.
Folios 75-6.
157. Instrument of Sasine in favour of Peter Cornwale, son and heir of the late
John Cornwale of Banhard, in the lands of Banhard, lying in the barony of Carridden and in the sheriffdom of Linlithqw, following on a precept of dare constat granted by the superior James Cokburne of Langtoun, baron of the barony of Carridden. Precept dated at Edinburgh, the 28 of February 1537/8. Witnesses to precept, Gilbert Wauchup, laird of Nudre-merschell, Sir Adam Ottirburne of Redhall,
Henry Cokburne, John Crosar, Patrick of Newbiggin, and John
Mosman. Sasine given by William Hammyltoun of Grange, bailiff for the superior. Done at the principal messuage of the said lands, the 9 of April 1538. Witnesses, Thomas Wilsoun, Peter Bell, Anulphus Coheren, John Kerss, Andrew Nasmyth, John Coheren, David Wilsoun, John Wilsoun, and Dominus John Grenok, chaplain and curate of Carridden.
158. Instrument of Sasine in favour of Thomas Troup, in a booth and stable,
two rooms and brewhouse, occupied by Andrew Quhithill alias Losoun, an upper house, occupied by Bessie Gardiner, a piece of garden now belonging to the said houses, with free ish and entry to the privy {ad cloacajn occicpatam in secretis usibiis) used by William Balderstoun, dwelling in the upper tenement, and with rights to the brewhouse, occupied by John Young, and with free ish and entry thereto ; all subjects forming part of the tenement ^ lying on the north side of the High Street of Linlithqw, between the lands of John Saltoun on the west, and the lands of the late William More on the east ; following on resignation by James Robisoun, burgess of Linlithqw. Sasine given by William Dennestoun, bailie of Linlithqw, on the ground of the subjects, the 14 of April 1538. Witnesses, John Young, George Bell, Patrick Wemis of Pettincreif, Andrew Quhithill alias Losoum, and Robert Robisoun, sergeant.
Folios 76-7.
159. Resignation by Agnes Lewyngstoun, wife of James Robisoun, of her
joint infeftment in the subjects described in No. 158, in favour of her husband. Done in a court held on the ground of the subjects by William Dennestoun and John Ross, bailies of Linlithqw. Date and witnesses as in No. 158.
160. Instrument of Sasine in favour of Robert Jame, burgess of Linlithqw, in
one third of the tenement described in No. 122, following on resignation by Elizabeth Laverok and William Smyth alias Pottar, her husband, made by their procurator, John Saltoun, burgess of Linlithqw. Sasine given by William Dennestoun, bailie of Linlithqw, on the ground of the tenement, the 2 of May 1538. Witnesses, David Thomsoun, Robert Gray, John Jak, Robert Robisoun, Patrick Knollis and Robert Hendir- soun, sergeants.
161. Resignation by Dominus William Cornwale, chaplain of the altar of St.
Katherine, situated and founded in the Parish Church of Linlithqw, into the hands of the bailies of Linlithqw for sasine to be given to Robert
1 On the site of the east part of the Victoria Hall.
Protocol Books of Dominus Thomas J ohnsoun. [1528-1578
Robisoun, walker, burgess of Linlithqw, of a tenement ^ and tailrig formerly belonging to the late John Gray, lying on the north side of the High Street of Linlithqw, between the land of the late Henry Lany on the west, and the land of the late William Burne on the east. The said chaplain had adjudged the tenement at four head courts of the burgh for non-payment of an annualrent due to his altar. He now produced the process written by the late Robert Foulis, town-clerk. Done in the burgh court-house, before James Robisoun and John Ross, bailies of the burgh, the 6 of May 1538. Witnesses, Robert Skot, John Wawane, William Crosar, Alexander Glen, Patrick Knollis, Robert Robisoun and Robert Hendirsoun, sergeants.
162. Instrument of sasine in favour of Robert Robisoun, walker, burgess of
Linlithqw, in the tenement described in No. 161. Reddendo 14s. Scots yearly to the chaplain of the altar of St. Katherine. James Robisoun, the bailie giving sasine. Done on the ground of the tenement, the 6 May 1538. Witnesses, John Ross, Robert Fostar, James Harde, Robert Kennite, Robert Robisoun, Robert Hendirsoun and Patrick Knollis, sergeants.
Folios 77-8.
163. Liferent Sasine of Christina Fostar, wife of Robert Robisoun, walker, in
his tenement as described in No. 161. Bailie giving sasine, place, date and witnesses as in No. 162.
164. Instrument of Sasine propriis manibus in favour of Libra Corn wale, wife
of Archibald Hammyltoun in Akinheid, and daughter and heiress of the late John Cornwale, late laird of Banhard, in twenty merks of the lands of Banhard, lying in the barony of Carriddin and sheriffdom of Linlithqw, following on an extract from the acts of the Lords of Council, written by James Foulis, clerk-register. Done on the said lands, the 5 of June 1538. Witnesses, John Hammyltoun of Kirkle, Mr. John Hammyltoun, vicar of Cragge, Archibald Nycholl, James Gardlinghe, Patrick Wilsoun, David Wilsoun and Thomas Hog.
165. Assignation by John Murray, servant of the King, in favour of Sir James
, Hammyltoun of Fynnart, of a lease of the great teinds of the acres about the town of Lanark and of the tofts and crofts of the said burgh, which lease the said John held in tack from James,^ Abbot of Drybrugh. The said John binds himself to obtain his wife's consent to the assignation, when required. Done at Linlithqw, in the house of the said Sir James, the 16 of August 1538. Witnesses, William Snype, James Nasmyth, Matthew Hammyltoun in Mylburne, Robert Hammyltoun alias Blasis, and Mungo Straherne.
166. Instrument narrating that John Hammyltoun, heir of the late Andrew
Hammyltoun, laird of half the lands of Aultoun and Merkege (?), lying in the barony of Mauchanschyre and sheriffdom of Lanark, appeared in presence of James, Lord of Hammyltoun, presented a brieve of chancery and requested to be infefted in his late father's lands. But the said Lord James refused to grant his request. Done at Linlithqw, in the house of Sir James Hammyltoun of Fynnart, the 16 of August 1538. Witnesses, Matthew Hammyltoun in Lathame, John Hammyltoun in Ropploycht, Matthew Hammyltoun in Mylburne, David Bogill and James Nasmyth.
Folios 78-9.
167. Assignation by Sir James Hammyltoun of Fynnart, in favour of James
Dundass of Dundass, of the great teinds of the lands of Overnewlistoun,
1 On the site of Nos. 334-336 High Street. "^ James Stewart.
1 528-1 578] Protocol Books of Dominus Thomas fohnsoun. 33
which the said Sir James held in tack from James, Archbishop of St. Andrews. Done at Linlithqw, in the house of the said Sir James, the
24 of August 1538. Witnesses, Edward Stewart, Alexander Roust, Robert Hammyltoun alias Blasis and James Nasymth.
168. Mutual Discharge by Sir James Hammyltoun of Fynnart and George
Hammyltoun in Medop, by which the former discharged the latter of all his obligations for service past and future, and the latter discharged the former of his mastership or magistracy and fees. Done in the Parish Church of Linlithqw, the 29 of August 1538. Witnesses, William Hammyltoun, William Snype, John Thomsoun, elder, James Nasmyth, and Dominus James Newlandis, chaplain.
169. Instrument of Sasine in favour of John Ka, burgess of Linlithqw, of a
piece of land at the east end of the loch of the burgh of Linlithqw, called Fiddilcroft,^ of a croft lying at the west end of the loch,^ and of a piece of land called Riwaldgrene,^ lying on the south side of the burgh, follow- ing on a precept of sasine under the Great Seal, dated at Linlithqw the 8 of August 1538. Sheriff for the King was Robert Wethirspowne, burgess of Linlithqw. Done on the ground of the lands singillatim, the
25 of October 1538. Witnesses, John Thomsoun, younger, Edward Wilsoun, William Davisoun, David Thomsoun, John Saltoun, Robert Mayne and Patrick Knollis.
170. Protest by John Wawane, burgess of Linlithqw, against the refusal of
Dominus William Cornwale, chaplain of the altar of St. Katherine, situated and founded in the Parish Church of Linlithqw, to renew his tack of two acres* belonging to the said altar, which the said John had held In tack for some years previous to the entry of the said chaplain to the said altar. The said John claimed that he had manured the ground. He now protested that he would seek remede of law. Done at the altar of St. Katherine, the 30 of October 1538. Witnesses, Henry Forrest, bailie of Linlithqw, Domini Robert Townis, chaplain, and David Hutoun, chaplain and notary public.
Folios 79-80.
171. Instrument of Sasine in favour of Dominus James Newlands, chaplain of
the altar of St. Ninian, situated and founded in the Parish Church of Linlithqw, in a tenement of the late John Adensoun,-^ lying on the south side of the High Street of Linlithqw, between the lands of the late Andrew Wolf on the east, and the lands of James Gray on the west, following on an adjudication at four head burgh courts of the said tenement by the late Dominus Arnulphus Carribber, chaplain of the said altar, for non-payment of an annual-rent of 6s. Bailie giving sasine, Robert Wethirspowne, bailie of Linlithqw. Done on the ground of the tenement, the 15 of November 1538.* Witnesses, Robert Scott, John Mak, William Johnsoun, Thomas James, Robert Robisoun and Patrick Knollis, sergeants.
172. Instrument of Sasine in favour of William Toddocht, burgess of Linlithqw,
in the tenement described in No. 171, following on resignation of Dominus William Cornwale, chaplain. Bailie, place, date and witnesses as in No. 171.
^ Lies to the east of the " Goat" of the loch, between the road and the water ; now part of Bonnytoun estate.
- About 3 acres, between the Bo'ness Road and the loch ; now part of Longcroft estate. It was formerly owned by the Couper family. It is still known as Couper's Croft.
^ Originally about 7 acres. The northern part is now occupied by Rivaldsgreen Tannery, and the southern part by Rivaldsgreen House and grounds.
^ Lying at the east end of the loch.
^ On the site of the old brewery at the west end.
34 Protocol Books of Dominus Thomas Johnsou?i. [1528-1578
173. Instrument of Sasine in favour of Dominus Henry Louk, chaplain of the
altar of the Blessed V^irgin Mary,founded by Robert Beggis, and situated in the Parish Church of St. Michael the Archangel of the burgh of Linlithqw, in the tenement^ of the late William Rannald, lying on the south side of the High Street, between the lands of Andrew Scott on the west and the lands of John Ka on the east, following on adjudication at four head burgh courts, for non-payment of an annualrent of 4s. Bailie giving sasine, William Dennestoun, bailie of the burgh. Done on the ground of the tenement, the 16 of December 1 538. Witnesses, John Mak, Robert Kennite, Richard Hill, Dominus William Jak, chaplain, and Patrick Knollis, sergeant.
Folios 80-1.
174. Instrument of Sasine in favour of Dominus William Jak, chaplain of the
altar of St. Ann, situated and founded in the Parish Church of St. Michael the Archangel in Linlithqw by Robert Beggis, in the two tenements 2 of William Foulis, lying contiguous on the south side of the burgh of Linlithqw, between the lands of Janet Amysfeld on the west, and the lands of Henry Forrest on the east, following on adjudication at four head burgh courts for non-payment of an annualrent of 40s. Bailie giving sasine, W^illiam Dennestoun, bailie of the burgh. Done on the ground of the tenements, the 16 of December 1538. Witnesses, James Waucht, John Mak, William Gibsoun, George Estoun, Dominus Henry [Louk], curate of Linlithqw, and Patrick Knollis, sergeant.
175. Instrument of Sasine in favour of Dominus Henry Mechell, chaplain of the
altar of the Holy Cross, situated and founded in the Parish Church of Linlithqw, in the tenement ^ of the late John Masoun, lying on the west side of the Kirkgate of the burgh, between the lands of James Nycholl on the south, and the lands of the chaplain of the said altar on the north, following on adjudication at four head burgh courts for non-payment of an annualrent of 3s. Bailie giving sasine and date as in No. 174. Witnesses, Robert Gibbisoun, Robert Reull, Domini William Jak and Henry Louk, chaplains, and Patrick Knollis, sergeant.
Folios 81-2.
176. Instrument of Sasine in favour of Sir James Hammyltoun of Fynnart, in
the lands of Medop, with mill and fishings, and in the lands of Maner- stoun, which the said Sir James had resigned in the hands of John Lord Lyndesay of Byris, superior of the said lands, following on a precept of sasine, directed to Walter Scott, Matthew Hammyltoun, Archibald Lyndesay and Robert More, by the said superior. The destination is in favour of the said Sir James and his heirs male ; whom failing, to Andrew Hammyltoun, his natural son, and his heirs male ; whom failing, to James Hammyltoun, also his natural son, and his heirs male ; whom failing, to Alexander Hammyltoun, likewise his natural son, and his heirs male ; whom failing, to James Earl of Arran, Lord Hammyltoun, and his heirs male ; whom failing, to Gavin Hammyltoun, his brother german, and his heirs male ; whom all failing, to the nearest lawful heirs of the said Sir James. Precept dated at Edinburgh, 2 January 1538/9. Witnesses to precept, Walter Scott, Archibald Lyndesay, William Snype, David Balye, Mungo Straherne and James Nasymth, Sasine was given by the said Robert More to Robert Hammyltoun, attorney for Sir James. Done on the said grounds successive^ the 2 January 1538/9. Witnesses to sasine, William Robisoun, William Dyk, and Dominus David Hutoun, chaplain and notary public.
^ On the site of the old brewery at the west end. 2 On the site of part of Nos. 137 to 143 High Street. ^ On the site of part of the Cross House property.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 35
177. Notarial record of statement made by Mr. James Browne, schoolmaster of
Linlithqw, to Henry Forrest, bailie of the burgh : — " Sayand that Schir Hendrie Louk, curat of Linlithqw, held his barnis that he kennit in his scoull at sic subjection aw and bandone and siclik himself that he and the said barnis behufit to enter in the kirk to goddis service at the latter peilss on festuale dais bayth mess and evinsang and settis doun in the said kirk on cauld stanis quhen tha mycht have dune gret proffit and steid to thaimselfis to have lerit in the schull tynand thair tyme." The said bailie states that these words have done much harm and scandal to the said curate in the minds of his parishioners. Done in the house of James Nasmyth, in the burgh, the 9 January 1538/9. Witnesses, Dominus William Jak, chaplain, George Jak, William Straherne, messenger, Robert More, James Skellat, and William Gentilman.
178. Commission to Mr. James Bonar, John Betoun, Dominus Henry Balfour,
and Henry Bruss, to appear before Mr. John Thorntoun, canon of Moray, commissary for the Apostolic See, granted by Thomas Hammyltoun, layman, of the diocese of Glasgow, and Agnes Edmestoun, laywoman, of the diocese of St. Andrews ; to crave the apostolic dis- pensation for their marriage, since they are within the third and fourth degrees of consanguinity. The said Thomas Hammyltoun is the son of James Hammyltoun of Torrens, who was the son of James Hammyltoun of Torrens, who was the son of Isabella Parkle. The said Agnes Edmestoun is the daughter of Katherine Forrest, who was the daughter of Katherine Parkle, sister of the said Isabella. Done at Linlithgow, in the house of Agnes Forrest, the 11 of February 1538/9. Witnesses, John Cambell of Glenhuche, Colin Campbell of Cramdeicht, Dominus Ninian Spottiswod, rector of Glenquhome, Mr. Alexander Mactarbre, rector of Kilquhowman, Alexander Blake and Archibald Nycholl.
Folio 82.
179. Instrument of Sasine in favour of James Gryntoun, son and heir of the late
David Gryntoun, in a rig ^ of arable land on the south side of Linlithqw, lying between the lands of James Hammyltoun on the east and the lands of Dominus Henry Mechell, chaplain of the altar of All Saints in the Parish Church of Linlithqw, on the west, the lands of William Davisoun on the north, and the lands held by Agnes Forrest in conjunct fee, on the south. Bailie giving sasine, William Dennestoun, bailie of the burgh. Done on the ground, the 25 of February 1538/9. Witnesses, Robert Young, Andrew Greif, Robert Toddrik, David Rait, Robert Johnsoun, Robert Robisoun and Robert Hendersoun, sergeants.
180. Instrument of Sasine in favour of William Davisoun, burgess of Linlithqw,
in the rig of land described in No. 179, following on resignation of James Grintoun. Bailie, place, date and witnesses as in No. 179.
181. Instrument of Sasine in favour of Katherine Dennestoun, wife of David
Hakkat, in a tenement - and garden on the south side of the High Street of Linlithqw, between the lands of the late Mr. Patrick Young on the west and the lands of the late Luke Lychtman on the east, follow- ing on precept of sasine under the Great Seal of date i February 1538/9. This tenement formerly belonged to James Hammyltoun of Kincavill, but was now in the King's hands by escheat for heresy. Bailie giving sasine, Robert Wethirspowne. Done on the ground, the 5 of March 1538/9. Witnesses, William Dennestoun, John Johnsoun, Patrick Nemocht, John Farle in Fortassat, James Dennestoun, George Bell, Robert Robisoun, Patrick Knollis and Robert Hendersoun, sergeants.
^ South of Nos. Ill and 115 High Street, and west of the Vennel rig. - On the site of Nos. 43-47 High Street.
36 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
Folios 83-4.
182. Resignation by John Schaw of Polkemmat in favour of his son Andrew
Schaw of Sornbege and Helen Ross his wife, of his lands of Polkemmat and mill lying in the sheriffdom of Linlithqw, and of the four-merk lands of Smodinhirst, the three-merk lands of Sornbege with tower and fortalice, the two-merk lands of Over Langsyd, the one-merk lands of Nether Langsyd, and the one-merk lands of Dumdivane, all lying in the bailiary of Kylstewart and in the sheriffdom of Air. The lands of Polkemmat are held of the King in capite^ and the other lands of him, as Seneschal of Scotland, in capite. The letters of resignation are directed to David Hammyltoun of Prestoun and David Hammyltoun of Brownhill, and dated at Fischike, the lo of March 153^/9. Witnesses, George Urde, David Nesbet and John Rowane. The resignation is made into the King's hands in the Palace of Linlithqw, at 11 a.m. of the 12 of March 1538/9. Witnesses, James Earl of Arran, Lord Hammyltoun, John Ross of Cragye, William bishop of Abirdene, James Kirkcalde, Treasurer, John Kirkcalde, David Hammyltoun of Brownhill and James Hammyltoun.
183. Instrument of Sasine in favour of Dominus William Brison, chaplain, in a
tenement^ lying on the north side of the High Street of Linlithqw, between the lands of Robert Wethirspowne on the west and the lands of David Raitt on the east, following on resignation by his mother, Janet Palmar, widow of Robert Brison, burgess of Linlithqw. Henry Forrest, bailie of the burgh, giving sasine. Done on the ground of the tenement, the 20 of March 1538/9. Witnesses, Robert Wethirspowne,. Robert Scott, James Robisoun, younger, John Auld, John Hammyltoun in Parklie, and Robert Hendirsoun, sergeant.
184. Instrument of Sasine in favour of Adam Weddale, burgess of Linlithqw,
in the tenement described in No. 183, following on resignation of Dominus William Brison, chaplain. Bailie giving sasine, place, date and witnesses as in No. 183.
Folio 85.
185. Liferent Sasine in favour of Margaret Bynnyng, wife of Adam Weddale,
burgess of Linlithqw, in his tenement described in No. 183. Bailie giving sasine, place, date and witnesses as in No. 183.
Folios 85-6.
186. Instrument of Sasine in favour of John Tennand, personal servant of the
King, and Marion Atkisoun, his wife, in the 40s. lands of old extent of Inchno, and in the 40s. lands of old extent of Geyne, which the late John Colquhone held in tack, lying in the lordship of Monkland and in the sheriffdom of Lanark, following on precept of sasine, granted by the superior James Abbot of Newbottill, and dated at Newbottil, the 25 of F'ebruary 1538/9. Robert Murray is attorney for the said Marion. John Kneland in Foschame is bailiff for the Abbot and Monastery. Sasine given successive on the lands, the 24 of March t 538/9. Witnesses, George Kneland, Archibald Hammyltoun in Akinheid, David Hay, Murdoch Makcanye, Mabutus Craufurd and David Boid.
187. Notice of Removal given by John Tennand and his wife Marion Atkisoun
to Patrick Normont, Thomas Gowane, Mabutus Craufurd, Janet Muryeill, widow of John Moichrie, younger, and Marion Quhit, widow of John Moichrie, elder, tenants of the lands of Inchno and Geyne, holding of Mr. Adam Culquhoune, rector of Stobo, and of George Culquhoune, to
1 On the site of Nos. 154-156 High Street.
1528-1578] Protocol Books of Dominus Thomas J ohfisoun. 37
remove themselves and their goods from the said lands by Whitsunday next to come, unless they arrange a new lease with the new proprietors. Done on the said lands, the 24 of March 1538/9. Witnesses, George Kneland, Archibald Hammyltoun in Akinheid, David Hay, Murdoch Makkenye and Robert Murray.
188. Acknowledgement by Janet Tod, wife of Robert Barbour, that she has
received ;^3 : 16 : 8 Scots from her son John Campbell. Done at Linlithqw, the 26 of March 1539. Witnesses, Bartholomew Brokkas, George Ker and Robert Barbour, her husband.
189. Instrument of Sasine in favour of Dominus William Davisoun, chaplain of
the altar of Holy Trinity, situated and founded in the Parish Church of Linlithqw, in the tenement ^ of the late James Empsfeld, lying on the north side of the High Street of Linlithqw, between the lands of Patrick Gillone on the east, and the lands of the late William Hill on the west, following on adjudication led at four head courts of the burgh in default of an annual payment of 4s. Henry Forrest, bailie, giving sasine. Done on the ground of the tenement, the 16 of April 1 539. Witnesses, William Dennestoun, William Wilsoun, John Burne, William Young, Patrick Akinheid, John Fostar, James Duncane, and Robert Robisoun, sergeant.
190. Obligation by John Hoigis to Dominus William Davisoun, chaplain of the
altar of Holy Trinity, founded and situated in the Parish Church of Linlithqw, to build within year and day a house of the annual value of 17s. 4d. on the tenement described in No. 189. Done at Linlithqw, the 16 of April 1539. Witnesses, Henry Forrest and William Dennestoun, bailies of Linlithqw, William Young, John Burne, Patrick Akinheid, Robert Robisoun and Patrick Knollis, sergeants.
Folios 86-7.
191. Instrument of Sasine in favour of John Hoigis in the tenement described
in No. 189, following on resignation by Dominus William Davisoun, chaplain of the altar of Holy Trinity. Bailie giving sasine, place and date as in No. 189. Witnesses (additional), Patrick Gillone, Mr. Bartholomew Kello, notary public, Patrick Knollis and Robert Hendirsoun, sergeants.
192. Obligation by John Hoigis to invest and seise Patrick Schaw in one half
of the tenement described in No. 189. Place and date as in No. 189. Witnesses, Henry Forrest and William Dennestoun, bailies of the burgh, Dominus William Davisoun, chaplain, William Wilsoun, John Burne, William Young, Patrick Akinheid, Mr. Bartholomew Kello, notary public, John Fostar, James Duncane, Patrick Gillone, Patrick Knollis and Robert Hendirsoun, sergeants.
193. Instrument of sasine in favour of George Hakkat [son and heir apparent
of David Hakkat], following on resignation by his mother, Katherine Dennestoun, wife of the said David Hakkat, in tenement as described in No. 181, reserving her life-rent. Bailie giving sasine, Henry Forrest, bailie of the burgh. Done at Linlithqw, the 17 of April 1539. Witnesses, William Balderstoun, John Johnsoun, John Forrest, Robert Robisoun and Patrick Knollis, sergeants.
Folios 87-8.
194. Instrument of sasine in favour of James Lawson of Hieriggis, son and
heir of the late Robert Lawson of Hieriggis, in the lands of Lochtulio with their pertinents, namely, the villa of Lochtulio or Boghall, Starlaw
^ On the site of part of Nos. 192-198 High Street.
38 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
and Denis, lying in the barony and parish of Bathgate and sheriffdom of Renfrew ; reserving the liferent of Janet Leddale, widow of the said Robert Lawson. The sasine follows on a royal precept of sasine under the quarter seal, dated at Edinburgh lo April 1539. Sasine given by Andrew Nemo, acting as depute for Sir James Hammyltoun of Fynnart, sheriff of Renfrew, under a letter of commission signed and sealed by the said Sir James at Linlithqw, the 12 of April 1539. Witnesses to commission, William Hammyltoun of Humbie, Robert Hammyltoun in Briggis, James Nasmyth. Sasine given at the principal messuage of Lochtullo, the 19 of April 1539. Witnesses, James Haldane of Glennagis, John Haldane, his son and heir apparent, James Young, Adam Hunter, Alexander Ralton, James Mowbra of Canmok, Robert Carribbir, John Weston, John Mowbra in Crawmont ; John Ochiltre in Canmok, Robert Man and Alexander Ralton, younger.
Folios 88-89.
195. Instrument of Sasine in favour of Libra Cornwall, daughter of the late
John Cornwall by his first marriage with Margaret Forrest, and of her husband, Archibald Hammyltoun, in one third of the Mains of Ballinhard, extending to ten merk lands of new extent, and in one third part of the coalheuchs of the same, all lying in the barony of Carriddin and in the sheriffdom of Linlithqw. The instrument of sasine follows on a precept of sasine, dated at Edinburgh 5 May 1539, and granted by Peter Cornwall of Ballinhard, son and heir of the late John Cornwall of Ballinhard by his second marriage, to implement the contract of marriage entered into by the late Patrick Cornwall of Ballinhard (grandfather of the said Peter) and his son and heir the said John Cornwall on the one part, and Thomas Forrest, burgess of Linlithqw, and Margaret Forrest his daughter, first wife of the said John Cornwall, on the other part. Witnesses to the precept, Mr. Hugh Rig, Mr. John Mostrop, Mr. John Chepman, Mr. Gilbert Grot and Gilbert Henderson. Sasine given on the said lands by William Strahern, messenger, the 6 of May 1539. Witnesses, Alexander Blake, George Jak, Archibald Nycholl, Thomas Wilson, Rudolph Cocheran, and Dominus William Jak, chaplain.
Folio 89.
196. Instrument of Sasine in favour of Libra Cornwall and her husband, as in
No. 195, in one third of the lands, township and coalheuchs of Ballinhard. Precept, witnesses and dates as in No. 195.
Folios 89-90.
197. Notarial Transumpt of these deeds made at the request of Marion
Crawfurd, daughter and heir of the late Richard Crawfurd, burgess of Linlithqw. i. Charter granted by William Knollis, Lord of St. John of Torphiching, to Archibald Crawfurd, and his wife Janet Empselis, of three particates of temple land, lying at the east end of the town of Linlithqw, on the road to Borrowmuir, between the lands of Robert Foulis on the west and the Common way to the Loch on the east ; which three particates formerly belonged to William Crawfurd, his father. Reddendo the annual rent wont to be paid, and the usual services. Dated at Torphiching the 20 of April {sic) 1498. Witnesses, Alexander Leirmontht, James Akinheid, Alexander Spenss, William Petticruff, Thomas Stensone, John Fresale, and Dominus John Murray, notary public. 2. Instrument of Sasine containing a precept of sasine following on the said charter. Precept of Sasine dated at Torphiching, the 31 of March 1498, Witnesses not specified. Instrument of Sasine dated on the ground of the said lands the 8 of April 1498. Witnesses, Patrick Ka, John Ross, Patrick Raith, John Kayne, and Thomas Makkison, officer.
Transumpt dated at Linlithqw 19 May 1539. Witnesses, Matthew
1528-1578] Protocol Books of Domuius Thomas Jo hnsoun, 39
Hammyltoun in Mylburne, Robert Gardinar or Ciikye, George Jak and Domini Henry Louk, William Jak, James Newlandis and Henry Wawane, chaplains.
Folio 90.
198. Deed of gift by Agnes Forrest, widow of Mungo Stensoun, laird of
Heidmontscheles, dwelling in the town of Linlithqw, of all her goods moveable and immoveable in utensils and in houses, then belonging and which might belong to her, whether in gold or in silver, nominate or innominate, whether in great quantity or in small, in favour of her aunt Agnes Edmestoun, wife of Thomas Hammyltoun, King's servitor, and her heirs, whom failing to her sister Margaret Edmestoun and her heirs, whom failing to Libra Cornwale, wife of Archibald Hammyl- toun, and her heirs, whom all failing to her own heirs whomsoever. Done at Linlithqw in the house ^ of the said Agnes Forrest, the 21 of May 1539. Witnesses, Mr. Robert Hammyltoun, Rector of Kincardin Neill, Peter Boid and William Balderstoun.
199. Obligation by Elizabeth Litster and her husband William Baldirstoun to
pay an annual-rent of 20s. during his life-time to Dominus Stephan Litster, Canon of the Monastery of Holyrood near Edinburgh, in return for the gift of a sasine of two tenements in Linlithqw, which belonged to him in heritage through the death of John Litster, his father. Done at Linlithqw in the house of William Baldirstoun the i of October 1539. Witnesses, Dominus George Creichtoun, canon of the said monastery, Simon Scott, James Moffat, Walter Blair and James Creichtoun.
Folios 90-1.
200. Instrument of Sasine in favour of Elizabeth Litster and William
Baldirstoun her husband, in two adjacent tenements, ^ lying on the south side of the High Street of Linlithqw, between the lands of Thomas Robisoun on the west and the lands of Janet Empsels on the east ; following on resignation by her brother Dominus Stephan Litster, Canon Regular of the Monastery of Holyrood. Henry Forrest, bailie, giving sasine. Done on the ground of the tenements the i of October 1539. Witnesses, William Young, John Loverans, Simon Scott, James Moffat, Walter Blair, James Creichtoun, Dominus George Creichtoun, canon of said monastery, and James Jamieson, sergeant.
Folio 91.
201. Instrument of Sasine in favour of Sir James Hammyltoun of Fynnart in
the lands of Mureheid, Blairmukis, Blairmukhoile, Forrestburn, Hirst, Fortessat, Strandschaw, Dewishills, and Pauperwarthills, lying in the barony of Boithweil and sheriffdom of Lanark, following on precept of sasine granted by Patrick Earl of Boithweil, Lord of Hales. Precept dated at Abirdeen, the 17 of September 1539. Witnesses, Mr. James Hepburne, Dean of Dunkeld, Alexander Hepburne of Quhitsone, Mr. Nicholas Ruthirfurd, Mr. Michael Balfour, Mr. Bartholomew Kello, notary public. Sasine given by Alexander Glen, bailiff for the said Earl, to James Nasmyth, attorney for the said Sir James, on each of the said lands, the 1 1 of October 1 539. Witnesses, John Hammyltoun in Parkley, John Donaldsoun, James Byris, Patrick Sumerwale, Thomas Cadder and John Gilmour.
Folios 91-2.
202. Instrument of Sasine in favour of Sir James Hammyltoun of Fynnart in
the lands of the Moor and Forest of Boithwile, lying in the barony of
1 Now No. 9698 High Street.
"Now g of Nos. 145-147A High Street.
40 Protocol Books of Dominus Thomas J ohnsoun. [i 528-1 578
Boithwile and sheriffdom of Lanark, and by annexation in the barony of HaUs, in the sheriffdom of Edinburgh and constabulary of Hadintoun, following on Precept of Sasine by Patrick Earl of Boithwile, Lord Halis and Creichtoun. To be held in blench. Reddendo one penny. Precept of Sasine at Abirdeen, date and witnesses as in No. 201. Destination to the said Sir James and his heirs male, whom failing to Andrew Hammyltoun, his natural son, and his heirs male, whom failing to James Hammyltoun, also his natural son, and his heirs male, whom failing to Alexander Hammyltoun, also his natural son, and his heirs male, whom failing to James Earl of Arran, Lord Hammyltoun, and his heirs male, whom failing to Gavin Hammyltoun, his brother german, and his heirs male, whom all failing to the lawful and nearest heirs male of the said Earl. Bailiff and attorney, date of sasine and witnesses to sasine as in No. 201.
Folios 92-3.
203. Instrument of Investiture narrating that Dominus John Wilsoun, Canon
Regular of the Monastery of Holyrood of the Order of St. Augustine, appeared at the High Altar of the Parish Church of Kynnele within the diocese of St. Andrews. He held in his hands an indult containing in itself a call to the vicarage of the said Church of Kynnele made to him by David Cardinal Priest of the Holy Roman Church, Archbishop of St. Andrews, Primate of all Scotland, Legatus Natus of the Apostolic See, Administrator of the Church of Mirapoix, and perpetual Com- mendator of the Monastery of St. Thomas the Martyr of Arbroath of the Order of St. Benedict in the diocese of St. Andrews, under the round seal of the said Cardinal, and written on parchment under the seal and signature of Mr. John Lawdir, town-clerk of St. Andrews, notary public, official writer to the Roman Court and private secretary to the said Cardinal and Archbishop. This indult the said Dominus John handed to Dominus Thomas Johnsoun, notary public, to be read aloud and explained. Then Dominus John Wricht, at the request of the said Dominus John Wilsoun, inducted and invested him in the office of Vicar as aforesaid, with all its liberties, commodities and other profits, by handing him the cup, book and other furniture of the altar. Done at the High Altar of the said Church at ten in the forenoon of the 16 of October 1539. Witnesses, Richard Browne, Alexander Glen, John Browne, Richard Clerk, John Bowok, and Mr. James Browne, notary public.
Folio 93.
204. Instrument of Sasine in favour of Patrick Coll, burgess of Linlithqw, in a
half of a barn and kiln,i lying at the east end of the burgh, on the east side of the road leading to Blackness, and at the west end of the acre belonging to William Hammyltoun in Pardowin ; following on precept of sasine by the said William Hammyltoun, directed to William Hammyltoun of Humbe, his son and heir apparent, and dated at Pardowin, 31 October 1539. Witnesses, Dominus James Glen, chaplain, James Brokkas, Robert Dewalis and James Smyth. Sasine given on the ground of the property, the 17 of November 1539. Witnesses, John Saltoun, James Jame, William Park, Thomas Perry, WiUiam Myllar and Walter Newlandis.
Folios 93-4.
205. Instrument of Sasine in favour of John Johnsoun, burgess of Linlithqw, in
one half of the barn and kiln lying as in No. 204, under precept of sasine, date and witnesses, date of sasine and witnesses as in No. 204.
^ Now part of No. 30 Low Port.
1 528-1 578] Protocol Books of Dominus Thomas J ohnsoun. 41
Folio 94.
206. Resignation ad perpetuam rernanentiam by Henry Kempt of Thomastoun,
with consent of Janet Dury his wife, of the lands of Harehope, extending to ;^io of old extent, lying in the parish of Eddilstoun and sheriffdom of Peblis, into the hands of the superiors Andrew, Abbot of Melrose and the convent thereof. Done in the King's Palace at Linlithqw, the 3 of January 1539/40. Witnesses, Sir Thomas Erskin of Brecheing, King's secretary, James Leirmont of Dersy, John Tennand, Robert Murray, John Collisoun, and John Railtoun, notary public.
207. Instrument of Sasine in favour of John Fawop of Lochhous and Elizabeth
Small his wife in one quarter of the lands of Lochhous, lying at the west end of Linlithqw Loch and in the sheriffdom of Linlithqw, following on precept of sasine by William, bishop of Aberdeen and chancellor of the college university of the same, directed to George Gray of Bellow and Robert More, sealed with the round seal of the bishop, and dated at Linlithqw 8 January 1539/40. Witnesses, Mr. John Gardin, rector of Tyree, Mr. John Gibson, prebendary of Linclowden, and Dominus Andrew Flemyng, chaplain. Sasine given on the ground, 9 January 1539/40. W^itnesses, Thomas Small, Robert More, Robert Fawup, Andrew Johnsoun, and Dominus Archibald Fawup, chaplain.
Folios 94-5.
208. Transumpt of an Instrument of Sasine in favour of Janet Rannald as heir
to her brother the late William Rannald, son and heir of the late Stephen Rannald, in a tenement,^ kiln, barn and garden, lying on the south side of the High Street of Linlithqw, between the lands of the late John Coupar on the east and the lands of Andrew Scott on the west. Sasine given by Thomas Hammyltoun, bailie of the burgh, on the ground of the tenement, the 25 of February 1522/3. Witnesses, Thomas Hammyltoun and David Newlandis, bailies of the burgh, John Thomsoun, James Harde, John Goff, Andrew Scott, Henry Lewyngstoun, Andrew Walkar, John Baldirstoun and James Saltoun, sergeants. Transumpt made at the altar of St. Ninian the Governor {coram altare Sancti Niniani prcBsulis) in the Parish Church of Linlithqw, the 29 of January 1539/40. Witnesses, William Dennestoun, one of the bailies of the burgh, Robert Scott, Peter Newlandis, Domini James Newlandis, William Jak and Henry Mechell, chaplains.
Folio 95.
209. Resignation by Begis Howburne, widow of William More, burgess of
Linlithqw, in favour of her natural son Robert More, of her conjunct fee in the tenement- lying on the north side of the High Street between the lands of Alexander Rust on the east and the lands of James Robisoun on the west : into the hands of William Dennestoun, bailie of the burgh, who thereupon gave sasine of the tenement to the said Robert More as heir to the said William More. Sasine given on the ground of the tene- ment on the 29 of January 1539/40. Witnesses, William Baldirstoun, Thomas Thomsoun, George Carribbir, Andrew" Quhithill, and James Jamesoun, sergeant.
210. Liferent Sasine of the tenement as in No. 209 in favour of Begis Howburne
therein designed, on resignation by her said son Robert More. Bailie, date and witnesses as in No. 209.
^ Now part of the old brewery.
2 On the site of Nos. 82-6 High Street.
42 Protocol Books of Dominu^ Thomas Jo hnsoun, [1528-1578
Folios 95-6.
211. Assignation by William Johnsoun and Helen Hammyltoun, his wife, and
John Johnstoun, their son, in favour of Robert Johnsoun in Powmyln of a tack for 19 years of the i6s. 8d. lands of Falkirk, lying in the town and territory of Falkirk, barony of Kerss and sheriffdom of Stirling, held under Robert, Abbot of Holyrood, and the convent thereof Done at Linlithqw in the house of the said-William Johnsoun, the 17 of February 1539/40. Witnesses, William Knollis, James Craufurd, and Dominus James Brison, chaplain.
Folio 96.
212. Transumpt of process of apprising of the tenement ^ of John Turffis lying
on the south side of the High Street, between the lands of the late James Fetticruff on the east and the lands of William Forsyth on the west, led by Dominus David Erkill, chaplain of the altar of St. Anna in the Parish Church of Linlithqw, at four head courts of the burgh, in defect of the payment of an annualrent of 13s. 4d. due to the chaplain of the said altar. First court held on 7 October 15 16 before bailies Robert Scott, Robert Dennestoun and John Gowane. Witnesses, John Thomsoun, Andrew Scott, Robert Dunmure, John Toddocht and James Saltoun, sergeant. Second court held on 20 January 15 16/17 before bailies William Wethirspune, James Robisoun and Thomas Hammyltoun. Witnesses, Robert Toddrik, John Gibsoun, Robert Fostar, and John Adensoun and James Saltoun, sergeant. Third court held on 17 April 1 517 before bailies Thomas Hammyltoun and James Robisoun. Witnesses, Robert Toddrik, John Fresale, Robert Fostar and V/illiam Duncane, John Baldirstoun, sergeant. Fourth court held on 5 October 1 5 i7before bailies Thomas Hammyltoun and James Robisoun. Witnesses, Dominus William Craufurd, vicar of Falkirk, George Kent, Robert Johnsoun, Robert Robisoun, Robert Dunmure, Andrew Scott, Robert Mayne and George Carribbir.
Transumpt made at the request of Allan Hammyltoun, burgess of Linlithqw, at the market cross thereof, the 26 of February 1539/40. Witnesses, William Dennestoun, bailie of the burgh, James Nasmyth, Andrew Greif, William Straherne, messenger, and Domini Henry Louk and William Jak, chaplains.
Folio 97.
213. Resignation by James Hammyltoun of two and a half merk lands of Kitty-
mure and Kingshauchholme, lying in the barony of Stanhouss and sheriffdom of Lanark, under a procuratory of resignation directed to Archibald Hammyltoun in Roploch and John Hammyltoun his brother, and dated at Stanhouss, 4 February 1539/40. Witnesses, James Nesbet, Thomas Talyour, James Dawyell, Thomas Ade, and Dominus Alexander Portar, chaplain. Resignation made into the King's hands as superior, in favour of the said James Hammyltoun and his wife Griselda Sempill. Therefore the King gave possession of the said lands viva voce to Malcolm Lychtoun as attorney for the said Griselda acting under a mandate under the quarter seal of date at Edinburgh 7 February 1539/40, and ordered a charter of the said lands to be drawn up. Done in the Palace of Linlithqw, the 10 of March 1539/40. Witnesses, Gavin, Arch- bishop of Glasgow, George, Earl of Huntlie, James Leirmont of Dersy, John Ross, laird of Cragye, and Andrew Balfour.
Folios 97-8.
214. Instrument of Premonition given by Robert Gyb of Ogilface, servitor of
the King, and assignee of the late Robert Carribber of Carribber, to
^ On the site of part of Nos. 223 237 High Street.
1 528-1 578] Protocol Books of Domirius Thomas J ohnsoun. 43
William Hammyltoun in Pardowin to appear in the Parish Church of Linlithqw between sunrise and sunset of the 15 May following to receive payment of the redemption of the reversion of the lands of Carribber. Done in the said William Hammyltoun's house at Pardowin, the ii March 1539/40. Witnesses, Alexander Glen, Robert Purwyss, William Tait, and Dominus Robert Townnis, chaplain.
215. Instrument of Sasine in favour of John Saltoun, son of John Saltoun,
burgess of Linlithqw, and Christina Ker his wife, in the half of a tenement ^ lying on the north side of the High Street betvveen the lands of James Robisoun and Thomas Trowip on the east, and the lands of the late Henry Foster of Pentoskene on the west ; following on resignations by his father and mother under reservations of their life-rent. Robert Wetherspoune, bailie of the Priory of St. Andrews, giving sasine. Done on the ground of the half tenement, the 13 March 1539/40. Witnesses, WilliamjDennestoun, John Gray, Stephen Fyndelay, Patrick Hammyltoun, John Jak, James Dennestoun and Andrew Greif.
216. Instrument of Sasine in favour of William Saltoun and Christina Ker his
wife, in the other half of the tenement described in No. 215. Bailie giving sasine, place, date and witnesses as in No. 215.
Folios 98-9.
217. Letter of Monition and Citation, issued by the Official of St. Andrews in
the Archdeanery of Lothian and endorsed by Dominus John Clerk, chaplain, requiring the Bailies of the burgh of Linlithqw to liberate Dominus Thomas Kent, chaplain, who was imprisoned by them in the Tolbooth. The letter was produced to the notary by James Kent, burgess of Linlithqw. The demand was made at the Market Cross and at the door of the prison, the 5 of June 1540. Witnesses, William Craufurd in Kynneill, Robert Perry, John Gray, Andrew Greif, and Dominus David Huchoun, notary public.
218. Tack for three years of one third of the lands of Easter Pentoskene, in the
sheriffdom of Striveling, belonging to Agnes Forrest, widow of Henry Foster of Pentoskene, granted by her to Patrick Andro in Ovirmungall and Alexander Lewyngstoun and Alexander Johnsoun in Falkirk ; tenants to pay each 19s. 4d. a year and jointly 3 capons and 6 poultry. Should the tenants sublet any part of the subjects, she reserves power to let them to Henry Mongall in Falkirk or other sufficient tenants. Done at Linlithqw in the house of the said Agnes Forrest, the 22 June 1540. Witnesses, William Baldirstoun, Thomas Wilyemsoun, Peter Newlandis, and Mr. Bartholomew Kello, notary public.
219. Instrument of Sasine in favour of Katherine Wolff in a tenement- lying
on the south side of the High Street between the lands of the late Robert Gray on the east and the lands of Thomas Franss on the west, following on resignations by William Wilson, burgess of Linlithqw, and Ellen Sandelands his wife, with reservation of their life-rent. Bailie giving sasine, William Dennestoun. Done on the ground of the tenement, the 3 July 1540. Witnesses, Alexander Glen, James Ade, Gavin Duncane, George Wreicht, Dominus Robert Townnis, chaplain, Mr. Bartholomew Kello, notary public, and Patrick Knollis, sergeant.
^ On site of part of the Victoria Hall. '■^ On the site of Nos. 177-9 High Street.
44 Protocol Books of Dominus Thomas J ohnsoun. [1528-1578
Folios 99-100.
220. Agreement made by David Alexander, Robert Bartilmo, William Alexander,
Thomas Browne, William Gryndelay, younger, and Henry (iryndelay, tenants, indwellers and neighbours of the town and lands of Reddocht, lying in the Kerss and sherifdom of Stirling, to refer to the decision of four arbiters all debates, controvercies and quarrels among them. The said arbiters shall assign to each tenant his own part for casting ditches {partem siiam pro edificatione fovearuni). Any tenant failing to cast his part shall pay a penalty of 20s. to the neighbour or neighbours doing the work. Done at Linlithqw in the chamber of Dominus Thomas Johnsoun, chaplain, the 2 of October 1540. Witnesses, Patrick Farlie, John Mak, Robert Trumbill and George Kincaid.
221. Mutual discharge between Mr. James Knollis, rector of the churches of
Slamannan and Roskene, and Mr. Robert Hammyltoun in Briggis, his factor. Done at Linlithqw in the chamber of Dominus Thomas Johnsoun, chaplain, the 7 of October 1540. Witnesses, Andrew Hammyltoun, son and heir apparent of Archibald Hammyltoun, William Knollis, Dominus William Jak, chaplain, and Dominus David Hutoun, chaplain and notary public.
222. Warrant by Mr. James Knollis, rector of the churches of Slamannan and
Roskene, to Robert Hammyltoun in Briggis, his tacksman of the tack of the said churches, to pay to Dominus William Jak, chaplain, the sum of ^8 which the said chaplain held in pension from the said rector of the church of Slamannan. Done at Linlithqw in the chamber of Dominus Thomas Johnsoun, chaplain, the 7 of October 1540. Witnesses, Andrew Hammyltoun, son and heir apparent of Archibald Hammyltoun of Lathame, William Knollis, and Dominus David Hutoun, chaplain and notary public.
Folios 100-1.
223. Interrogation made by Philip Quhithed, factor for the King within the
sheriffdom of Linlithqw, in presence of the notary, of William Dundas, dwelling in the barony of Abercorn, as to whether a payment of ^10 made by him to the said factor was on his own behalf or on behalf of Mr. William Thomsoun, rector of Dofifyntoun. The said William Dundas declared that this payment was made on his own behalf for his entry and grassum to the mill and lands of Abercorn. Done in the town of Kincavil, the 12 of October 1540. Witnesses, Charles Dennestoun, captain of the Castle of Blakness, William Hammyltoun of Humbe, David Red, John Harde, sergeant, and Dominus David Hutoun, chaplain and notary public.
224. Contract between Andrew Hammyltoun in Skelletoun and William
Crawfurd in Kynnele, whereby the said Andrew binds himself to enter into a contract of espousal and afterwards to marry Agnes Crawfurd, daughter of the said William Crawfurd, and also to infeft the said Agnes in liferent in the 4 merk lands of Skelletoun and also in the 20 shilling lands of Mossyd lying in the barony of Mauchanschyd and sheriffdom of Lanark.
The said William binds himself to pay to the said Andrew a dowry of 100 merks. And if the said Andrew bring forward any reasonable cause in a suit of divorce between him and the said Agnes, he shall pay all expenses both at the Roman Court and without ; and if divorce be granted he shall within twenty days receive and have the said Agnes for his wife and enter into a new marriage with her. Done at Linlithqw in the chamber of Robert Gardinar, burgess, the 13 of October 1540. Witnesses, Andrew Hammyltoun, Robert Gardinar.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 45
Foilos 101-2.
225. Instrument of Sasine in favour of the Bailies, Council and Community of
the burgh of Linlithqvv, following upon a charter by the King under the Great Seal and dated at Falkland 31 August 1540, conferring upon them full power, free faculty and special licence to elect, have and hold annually for all time to come a Provost within the said burgh, with full power and liberty to hold sheriff courts within the burgh and within the liberty and territory thereof. The precept of sasine is directed to James Robisoun, Robert Scott and Peter Newlandis, bailies of the said burgh. Sasine was given by the said Robert Scott to Henry Forrest, first provost, by staff and baton. Done at the market cross of Linlithqw, the 23 of October 1540. Witnesses, Andrew Ross, Alexander Bertillmo, Peter Mowbra, David Red, William Hammyltoun of Humbe, Philip Quhithed, William Crawfurd in Kynnele, Robert Ross, Mr. James Knollis, rector of Roskene, Dominus George Skowgall, rector of Inchmawchane, Domini Henry Louk, William Jak, William Davisoun, James Newlandis and Patrick Newlandis, chaplains, and Dominus David Huton, chaplain and notary public.
226. Assignation by Richard Burne of Hill in the sheriffdom of Striveling in
favour of his son Nicholas Burne of all ferms, grassums, emoluments and other profits of the lands of Netherhek lying in the barony of Kynnele and sheriffdom of Linlithqw, belonging to the said Richard, and remain- ing unpaid for the last five years by Robert Bertilmo, dwelling in Reddoch, occupier and labourer of the said lands. Done at Linlithqw in the chamber of Dominus Thomas Johnsoun, chaplain, the 2 of November 1540. Witnesses, Henry Forrest, provost of the burgh, William Baldirstoun, John Young and John Gray.
227. Discharge by Dominus Henry Louk, chaplain, on behalf of himself and the
others, chaplains named in the obit of the late Henry Wernok, and by Robert Scott and James Robisoun, bailies of the burgh of Linlithqw, in name and on behalf of the general council of the said burgh, holding the right of patronage of the said obit, in favour of Henry Forrest, provost of the said burgh, in return for his good services and favours to the burgh and church, of an annual rent of 8s. Scots, payable to the chaplain of the altar of St. Ninian, situated within the Parish Church of Linlithqw, for an obit for the soul of the said Henry Wernok, and levied from the said Henry Forrest's tenement ^ lying on the south side of the High Street between the lands of Henry Ramsay on the east and the lands of William Foulis on the west. Done on the ground of the tene- ment, the 2 of November 1540. Witnesses, James Nasymth, James Waucht, William Davisoun, George Bell, John Estoun, Simon Caling, Henry Kent, Stephen Haw, James Blak, Patrick Palmar and Dominus Andrew Flemyng, chaplain.
228. Instrument of Sasine in favour of Dominus Henry Louk, chaplain of the
altar of St. Ninian, founded within the Parish Church of Linlithqw, and the other chaplains named in the obit of the late Henry Wernok, as contained in the common register of the burgh, of an annualrent of 8s. to be levied from the Wester Cross Booth,^ situated in the market place and belonging to the burgh. The said annualrent was redeemable by the burgh on burdening other lands or tenements in or near the burgh for the sum of ^6 Scots for the use of the said chaplains and on paying the expenses of the new titles. Sasine given by exhibition of a penny. Done in the said booth, the 2 of November 1 540. Witnesses, John Ross, Stephen Fyndelay, James Nasmyth, George Bell, John Makcalyane, Patrick Palmar, John Gray and James Jameson, sergeants.
1 Now part of Nos. 129-135 High Street. ^ Now removed.
46 Protocol Books of Dominus Thomas J ohnsoun. [1528-1578
Folio 103.
229. Contract by which Robert Fostar, burgess of Linlithqw, grants and assigns
to his son and heir, John Fostar, all his goods movable and immovable, and his tenement lying in the burgh, in respect of services rendered and to be rendered to him by his son in his old age. John Fostar binds himself to give his father sufficient bed and body clothing {honesta vesii- menta i?i thoro et i?i tergo\ such daily food as he had before, and to pay all his debts. Done at the market cross of Linlithqw, the 9 of November 1540. Witnesses, Robert Scott, one of the bailies of the burgh, William Dennestoun, John Thomsoun, elder, Robert Johnsoun ajid Peter Baldirstoun.
230. Instrument of Sasine in favour of Robert Swane, burgess of Striveling,
of a booth and solar {solium)'^ lying in front of Robert Scott's tenement on the north side of the High Street, between the tenement ^ of David Raitt on the west and the lands of Edward Wilson on the east, following on resignation by the said Robert Scott, burgess of Linlithqw. Peter Newlandis, bailie giving sasine. Done in the said booth, the 19 of November 1540. Witnesses, Patrick Palmar, George Merschell, John Gray and James Jamesoun, officers.
Folios 1C3-4.
231. Instrument of Sasine in favour of Andrew Mechelsoun,^ King's servitor
and groom, of the lands of Mortoun, the Mill of Abercorn, with the orchards and gardens of Ekkekhill, North and South Banks, and the multures and suckin of the said mill, lying in the barony of AlDircorne and sheriffdom of Linlithqw, following on a precept of sasine under the Great Seal of date 2 November 1540, granted by the King to the said Andrew in return for his services to him and to his son James, Prince of Scotland, Duke of Rothesay, Earl of Carrick. William Straherne, sheriff giving sasine. Dont singillatiin on the said subjects, the 17 of December 1540. Witnesses, Oliver Drummand, Weaker Lowdoune, Thomas Wilson, William Dundas, James Hastiane, Alexander Bowok, William Talyour, James Wilson and Archibald Reche.
232. Instrument of Sasine more burgi in favour of Henry Gowane, as son and
heir of the late John Gowane, burgess of Linlithqw, his father, of the tenement* lying on the north side of the High Street, between the lands of the said late John Gowane on the west and the chaplain of the altar of St. John the Evangelist, situated in the church of Linlithqw, on the east. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 24 of December 1 540. Witnesses, James Browne, Malcolm Scott, William Robisoun, John Gray, Robert Robisoun and James Jamesoun, sergeants.
233. Instrument of Sasine in favour of Alexander Stensoun, burgess of Linlithqw,
of the tenement as in No. 232, following on resignation by Henry Gowane, as in No. 232, with the same bailie, date, place and witnesses.
234. Liferent Sasine in favour of Helen Browne, wife of Alexander Stensoun,
burgess of Linlithqw,Mn the tenement as in No. 232, with the same bailie, date, place and witnesses.
Folios 104-5.
235. Instrument of Sasine in favour of Thomas Merschell, chief cook of King
James V., of the 20s. lands of Kyngisfeld, in the sheriffdom of Linlithqw,
^ An upper room. Lat. solarium.
'^ On site of No. 150 High Street.
^ He died before 3 November 1545 (Res^. Privy Seal, vol. xix. f. 45).
^ On the site of part of No. 286 High Street.
1 528-1 578] Protocol Books of Dominus Thomas J ohnsoun. 47
which were formerly held in life-rent by the late Thomas Schaw, chief cook of King James IV., and afterwards in heritage by the late Sir James Hammyltoun of Fynnart, but had now come into the King's hands by reason of the forfeiture of the said Sir James for treason and lese-majeste. James Merschell acts as attorney for the said Thomas by Royal Letter under the quarter seal of date 28 December 1540. Sasine is given by Patrick Watt, to whom as sheriff a precept of sasine is directed under the Great Seal of date 31 August 1540. The said Patrick receives as his fee a black plough ox, with two white hind feet, and two grey horns. Done at the principal building on the lands of Kyngisfeld, the 5 of January 1 540/1. Witnesses, John Falconar, Patrick Champnay, George Bell, Thomas Forrest, John Falconar, son of Henry Falconar, Thomas Paris and George Glen.
236. Ratification by Agnes Levingstoun, wife of James Robisoun, burgess of
Linlithqw, of an annualrent of 20s. to be levied on her husband's tene- ment ^ lying on the north side of the High Street between the lands of the late Stephen Wass on the west and the lands of the said James Robisoun on the east, and to be paid to Katherine Hammyltoun, wife of Thomas Petticruff, Lyon King at Arms. Done at the said tenement, the 7 of January 1540, Witnesses, John Crummy, James Robisoun, younger, Dominus Henry Louk, curate of Linlithqw, Dominus David Huton, chaplain and notary public, and John Gray, sergeant.
237. Mortification in favour of Dominus Henry Louk, chaplain and curate of
the Parish Church of Linlithqw, of an annual rent of 2cs. to be levied from the principal tenement of James Robisoun as in No. 236, and to be paid to the said Dominus Henry in name and on behalf of the altar of Holy Trinity, situated and founded in the said Parish Church, for two anniversaria or obits : — one of the value of los. to begin immediately after the death of Katherine Hammyltoun, as in No. 236, for the souls of the late George Bell, Angus Herald, her former husband, and of the said Katherine ; and the other of the value of 10s. to begin on the Eve of St. Andrew, immediately following her death, for the souls of the said Katherine and of Thomas Petticruff, her present husband, both services to be held at the said altar of Holy Trinity. The sasine follows on sasine in said annualrent in favour of, and on resignation by, the said Katherine Hammyltoun, who reserved her liferent. Peter Newlandis, bailie giving sasine ; and Thomas Petticruff attorney for his wife. Done at Linlithqw on the ground of the said tenement, date and witnesses as in No. 236.
Both services are to be held at the altar of the Holy Trinity, situated in the aisle of the Parish Church, by the curate with the parish clerk and the chaplains serving these altars — the Blessed Virgin Mary, the Holy Rood, the Holy Blood, St. John the Evangelist, St. John the Baptist, the Holy Saviour, the Holy Virgin (altar founded by Beggis), St. Anne, St. Ninian, St. Andrew, St. Bridget, and the Holy Trinity. Each chaplain to receive for each obit Bd., but the chaplain of the altar of Holy Trinity to receive in addition 8d. for lights and mass, the parish clerk 6d., and the beadle 2d.
238. Mortification in favour of Dominus Andrew Flemyng and his successors
chaplains of the altar of St. Andrew founded and situated in the Parish Church of Linlithqw of an annual rent of 13s. 4d. for prayers at the said altar for the soul of the late Adam Caueris, burgess of Linlithqw, to be levied from the tenement - of James Robison (with consent of Agnes Levyngstoun his wife), lying on the north side of the High Street between the lands of the late John Saltoun on the west and the lands of Robert
^ On the site of the east part of Nos. 1206 Hiyh Street. - On ttie site of the east part of the Victoria Hall.
48 Protocol Books of Do7ninu^ Thomas J ohnsoun. [1528-1578
More on the east ; following on resignation by the said James Robisoun who showed and handed over a penny to Peter Newlandis, bailie. There- upon the bailie gave sasine by handing over a penny to the said chaplain. Done on the ground of the tenement, the 21 January 1 540/1. Witnesses, Henry Forrest, provost, Robert Scott, bailie, Henry Gowane, Domini James Newlandis and Robert Townis, chaplains, John Gray, Robert Robisoun and James Jamesone, sergeants.
Folios 106-7.
239. Instrument of Sasine in favour of James Robisoun, son and heir apparent
of James Robisoun, elder, of the tenement of land described in No. 238 and also of the tenement described in No. 236, following on resignation by the said James Robisoun, elder, with consent of his wife Agnes Levyngstoun. Robert Scott, bailie giving sasine. Reserving liferent in both tenements. Done singillatifn on the ground of the tenements the 21 January 1 540/1. Witnesses, Henry P'orrest, provost, Peter Newlandis, bailie, Henry Gowane, Domini Andrew Flemyng, James Newlandis and Robert Townnis, chaplains, James Kent, John Thomsoun, younger, John Gray, Robert Robisoun and James Jamesoun, sergeants.
240. Instrument of Sasine in favour of James Robisoun, son and heir apparent
of James Robisoun, elder, of a tenement ^ lying on the north side of the High Street between the lands of John Johnsoun on the west and the lands of the late Robert Dennestoun on the east ; and also of 3 particates'^ of land with barn and garden and three rigs, lying at the east end, between the lands of John Ka on the east and the lands of Robert Jame on the west ; following on resignation by his father, under reservation of his life-rent. Robert Scott, bailie giving sasine. Done si?tgillatim on the ground of the subjects, the 21 January 1 540/1. Witnesses, John Johnsoun, David Newlandis, William Park, Robert Allan, James Wardrop, John Gray, Patrick Champnay, Richard Kerss, Robert Robisoun, James Jamesoun and John Gray, sergeants.
241. Discharge by Andrew Myln,^ burgess of Linlithqw, in favour of James
Craufurd of all service for which he was under obligation to the said Andrew, and allowing him to serve with any other master in his profes- sion ; and also in favour of Dominus John Pollart, chaplain, cautioner for the said James. Done in the booth of James Kent in Linlithqw, the 24 January 1 540/1. Witnesses, Henry Forrest, provost, Robert Scott, bailie, James Kent, Henry Gowane, John Fostar, and Dominus William Davisoun, chaplain.
242. Instrument of Sasine more burgi in favour of William Duncane, as son
and heir of the late William Duncane, burgess of Linlithqw, in a tene- ment ^ on the north side of the High Street between the lands of John Gibbisoun on the east and the lands of the late John Thorntoun on the west. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 27 January 1 540/1. Witnesses, John Thomsoun, elder, Alexander Glen, Nichol Lore, John Gibsoun, John Red, Gabriel Burne, William Carribbir, and Robert Robisoun, sergeant.
243. Instrument of Sasine in favour of John Thomsoun, elder, burgess ot
Linlithqw, in an annualrent of 7s. to be levied from the tenement described in No. 242, following on resignation by W^illiam Duncane.
1 On the site of Nos. 40-44 High Street.
2 Now part of Academy grounds.
^ Came from Dundee : was appointed barber-surgeon to Lord Governor Arran i October 1546 ^Privy Seal, v. xx. f. 54).
** On the site of part of Nos. 212-214 High Street..
1528-1578] Protocol Books of Domimis Thomas J oknsoun, 49
Both resignation and sasine were given by delivery of earth and stone. Robert Scott, bailie giving sasine. Done on the ground of the tenement, 27 January 1 540/1. Witnesses as in No. 242, except John Thomsoun, elder.
Folio 108.
244. Instrument of Sasine more burgi in favour of Dominus Robert Perry,
chaplain, as son and heir of the late James Perry, burgess of Linlithqvv, in a tenement ^ on the south side of the High Street, between the lands of James Barrone and Peter Johnsoun on the east and the lands of the late John Spenss on the west. James Robisoun, bailie giving sasine. Done on the ground of the tenement, the 28 January 1 540/1. Witnesses, Henry Forrest, provost, Robert Scott and Peter Newlandis, bailies, John Thomsoun, younger, Patrick Thomsoun, Dominus Robert Townis, chaplain, John Gray, Robert Robisoun and James Jamesoun, sergeants.
245. Instrument of Sasine in favour of John Thomsoun, younger, of the tene-
ment described in No. 244, following on resignation of Dominus Robert Perry, chaplain. Bailie, place, date and witnesses (except John Thomsoun, younger) as in No. 244.
246. Contract'-^ whereby Alexander Dera, physician and healer of wounds
{inedici7iator et curator in arte vulneruin et aliis infir7nitaiibu5\ after laying hands on the wounds of John Caling, who had been severely wounded, undertook to do his utmost to cure the said John Caling, on the one part, and the said John Caling on the other part discharged the said Alexander of all that should be done for his cure, whether he should happen to live or die, and together with his wife and children promised • not to pursue the said Alexander in time to come. Done in the house of John Caling at Linlithqw, the ii of February 1 540/1. Witnesses, Henry Forrest, provost, Peter Newlandis, bailie, Patrick Borthwik, Thomas Forrest and John Slater.
247. Instrument of Sasine in favour of James Hammyltoun, son and heir
apparent of James Hammyltoun formerly of Kincavill in two tenements ^ lying on the south side of the High Street between the lands of Ninian Ross, Lord Hakkat, on the west and the lands of John Thomsoun on the east, the High Street on the north and arable lands on the south ; which formerly belonged to the said James Hammyltoun, elder, and are now in the King's hands by reason of escheat for heresy. Sasine follows on precept of sasine under the Great Seal of date 5 February 1 540/1. Bailie given sasine, Peter Newlandis. Done on the ground of the tenements the 14 of February 1 540/1. Witnesses, William Baldirstoun, Alexander Rust, John Caling, younger, Patrick Denis, Thomas Perry, and Robert Robisoun, sergeant.
Folios 108-9.
248. Decree arbitral pronounced by Robert Wethirspoune, William
Hammyltoune of Grang, James Mentheicht and Alexander Menteicht, arbiters appointed betwixt Archibald, Patrick, Nichol, Alexander, Richard and Alison Burne, children of Richard Burne of Hill, on the one part, and William Burne, son and heir of the said Richard, on the other part. The arbiters decern that the said William shall pay to each of his said brothers and sister the sum of 20 merks Scots, as their bairns' part of gear; he shall receive Richard Burne his brother "till hous and
1 On the site of the west part of Nos. 33-37 High Street.
2 Contract following on arbitration proceedings initiated in the burgh court of Linlithgow. {Burgh Court Book, 4 February 1 540/1.)
3 On the site of Nos. 43-47 High Street.
D
50 Protocol Books of DomtUMS Thomas Johnsoun, [i 528-1 578
berbery, met and claytb, and honest sustentatioun, be doand service tberfor tbat be may do, and gyf it sal bappin the said Rechart bis bruytber to tyir or irk of the said William and thinks he ma do better, in that cais it salbe lesum to the said Rechart to pass and ramane quhar he thinks best, and the said William sal content and pay him 20 merks usuale money of Scotland." Further the said William shall pay to Archibald Singlar the balance of tocher due to him for bis marriage with Margaret Burne, sister of the said William. Done at Linlithqw, in the lodging of George,^ Bishop of Dunkeld, the 15 of February 1540/1. Witnesses, John Menteicht and John Hendirsoun.
249. Mutual Settlement between Alexander Rust,^ burgess of Linlithqw, and
Margaret Douglas, his wife, leaving to each other their whole goods and effects. Done at Linlithqw, the 29 February 1 540/1, in the house ^ of the said Alexander Rust. Witnesses, Peter Baldirstoun, William Robisoun alias Ers Wille, Alexander Hutoun, Dominus David Hutoun, chaplain and notary public.
250. Instrument of S2is\x\e, propriis vianibus^ in favour of James Kent, burgess
of Linlithqw, and Margaret Hammyltoun, his wife, in the Templel ands of Murhous, lying in the barony of Carriddin and sheriffdom of Linlithqw, following on charter granted by William Hammyltoun of Grange, laird of the said lands. William Sellar, procurator for the wife. Done on the said lands the 4 of March 1 540/1. Witnesses, W^illiam Johnsoun, John Makcalyane, John Hendirsoun, Thomas Hammyltoun, James Wilsoun, David Wilsoun and Thomas Wilsoun,
Folios 109-110.
251. Instrument of Sasine, propriis manibus^ in favour of the same parties as in
No. 250, in the lands of Rusland, lying in the barony of Kynnele and sheriffdom of Linlithqw, following on charter by William Hammyltoun of Grange. Done on the said lands, the 4 of March 1 540/1. Witnesses, William Johnsoun, John Makcalyane, John Johnsoun, William Baxster and William Thomsoun.
252. Instrument of Sasine in favour of Dominus Henry Louk, perpetual chaplain
of the altar of the Holy Virgin Mary, in the Parish Church of Linlithqw, founded by the late Robert Beggis, in a tenement* of James Hammyltoun lying on the south side of the High Street between the lands of William Craufurd on the east and the lands of William Davisoun and the late William Auld on the west, following on adjudication led at four burgh head courts for failure to pay an annual rent of 16 shillings Scots, due to the chaplain of the said altar for the obit of the late Dominus William Crawfurd, vicar of Falkirk. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 7 of March 1 540/1. Witnesses, Peter Newlandis, William Blakburne, Archibald Cuthbartsoun, William Park, Dominus James Newlandis, chaplain, John Gray, Robert Robisoun and James Jamesoun, sergeants.
253. Judicial Oath taken in presence of Alexander,^ Abbot of Cambuskennetb
and President of the Court of Session, by the Lyon King at Arms," James Robisoun and William Hammyltoun of Humbie, sheriffs of Linlithqw, specially constituted by a brief of the Royal Chancery for service of
1 George Crichton, Lord Privy Seal (1529) ; formerly vicar of Linlithqw.
2 Frequently spelled Roust.
'^ On the site of Nos. 78-80 High Street. ^ Site now occupied by Dogwell Wynd.
^ Abbot of Cambuskennetb (1519 to 1548). President of the Court of Session (1532-1548/9).
'^ Thomas Pettigrew.
1 528-1 578] Protocol Books of Dominus Thomas Johnsoun. 51
Marion Craufurd as heir to the late Janet Amisfeld her grandmother. Dominus Henry Louk, chaplain, appeared as prolocutor for the said Marion, who was also present. Done in the Place of the Carmelite Friars, near the burgh of Linlithqw, at seven in the morning of 4 April J 541. Witnesses, Charles Fullartoun, Robert Gardinar and John Gray.
254. Proclamation of Brief, as in No. 253, at the Market Cross of Linlithqw,
giving intimation that a court would be held in the Tolbooth of Linlithqw on the 30 of April current. The proclamation was made as directed by the three sheriffs (as in No. 253) sitting in full and open court held in the Tolbooth of Linlithqw on 4 April 1 541. Dominus Henry Louk, chaplain, again appeared as prolocutor for Marion Crawfurd, who was also present, and requested the court to open and publish the brief. The sheriffs appointed Dominus Thomas Johnsoun, chaplain and notary public, to be clerk of court ; Robert Johnsoun, sectator and deemster ; and John Gray, sergeant-depute and officer. These persons were sworn on the Gospels " to observe and administer the truth in their offices." Witnesses, Robert Gardinar alias Cukye, James Nasmyth, James Jamc and John Baxster.
Folio 111.
255. Instrument of Sasine in favour of William Dennestoun, burgess of
Linlithqw, and his wife Marjory Jamesoun, in conjunct fee, in a Temple tenement^ lying on the north side of the High Street of Linlithqw, between the lands of the late Robert Dennestoun on the west and the lands of Patrick Coll on the east ; following on precept of sasine by the superior. Sir Walter Lyndesay, knight, of the Order of St. John, Preceptor of Torphiching, directed to Henry Pollart his Temple bailiff, and dated at Torphiching the 6 of April 1541. The tenement had been resigned into the superior's hands by James Pringill, son and heir of the late Robert Pringill, in favour of the said William Dennestoun. Done on the ground of the tenement, the 9 April 1541. Witnesses, Robert Wethirspune, John Ka, Andrew Meldrum, John Coll, George Kincaid, and Dominus Robert Pollart, chaplain.
256. Instrument of Sasine in favour of Robert Swane, burgess of Striveling, in
a tenement ^ and tail-rig on the south side of the High Street of Linlithqw, between the lands of Alexander Kempt on the west and the lands of Katherine Wolfif on the east ; following on resignation by Thomas Franss, burgess of Linlithqw. Robert Scott, bailie giving sasine. Done on the ground ofthe tenement, the 2 1 of April 1541. Witnesses, William Wilsoun, Walter Hammyltoun, William Barklaw, John Demster, John Ross, Patrick Palmar, James Jamesoun, Robert Robisoun and John Gray, sergeants.
257. Notice of Removal by Dominus John Pollart, perpetual chaplain of the
altar ofthe Blessed Virgin Mary in the Parish Church of Torphiching, to James Nasmyth ^ and Elizabeth Louk,his wife, to remove at Whitsunday next from the booth ■* of the said chaplain's tenement in Linlithqw, belong- ing to him in gift from his patron the Lord of Torphiching, in respect of his services at the altar, and occupied by them for several years past without a lease contrary to his intention and wish. Done in the dwelling- house of the said James Nasmyth, the 24 April 1541. Witnesses, John Gray, Robert Robisoun, and Dominus Henry Louk, chaplain.
1 On the site of Nos. 30-34 High Street.
'^ On the site ofthe east part of Nos. 18 1-7 High Street.
'^ Formerly an official of the household of Sir James Hamilton of Finnart.
* In front of Nos. 79-101 High Street.
52 Protocol Books of Dominus Tho7nas J ohnsoun. [1528-1578 Folios 111-2.
258. Notice of Removal by Dominus John Pollart (as in No. 257) to Robert
Gardinar alias Cukye, to remove from his booth or cellar at the tenement as in No. 257. Done in the dwelling-house of James Nasymth, 24 April 1541. Witnesses as in No. 257, with James Nasmyth.
259. Instrument of sasine in favour of John Thomsoun, elder, burgess of
Linlithqw, in an annual rent of 20 shillings to be paid for 10 years from the tenement ^ of Alexander Suerd, burgess of Linlithqw, lying outside the east port of Linlithqw, between the lands of the late Robert Dennistoun on the east, and the lands of the late John Bird on the west. The annual rent was granted in redemption of a debt of ;i^io due by Suerd to Thomsoun. James Robisoun, bailie giving sasine. Done on the ground of the tenement, the 29 of April 1 541. Witnesses, Robert Scott, Patrick Coll, Robert Fostar, John Gray, Robert Robisoun and James Jamesoun, sergeants.
260. Resignation by Elizabeth Byris, wife of Alexander Suerd, of her conjunct
fee in the tenement described in No. 259, for the purpose of Thomsoun's infeftment in the annual rent thereon. Place, date and witnesses (except Robert Scott) as in No. 259.
261. Contract between Henry Forrest, provost of Linlithqw, and Thomas
Forrest, his brother german, whereby the Provost, in respect of a debt of ;^20 due to his brother, bound himself to give him an assedation of the six rigs in Madillansyd, belonging to the Provost, and lying between the lands of the Lyon King at Arms on the west and the lands of Madill^nce on the east, until the said debt is repaid. Further in warrandice of this assedation, the Provost gives his brother infeftment in an annual rent of 20 shillings to be paid from the Provost's principal tenement^ lying on the south side of the High Street, between the lands of Henry Ramsay on the east and the lands of William Foulis on the west. Robert Scott, bailie giving sasine of annual rent. Done in the Provost's dwelling-house, the 4 of May 1541. Witnesses, Robert Scott, John Gray and James Jamesoun, sergeants.
262. Instrument of Sasine 7nore burgi in favour of John Barrone, son and heir
of the late Stephen Barrone, burgess of Linlithqw, in a tenement ^ lying on the south side of the High Street of the burgh, between the
lands of Dominus Robert Perry, chaplain, on the west, the lands of
Kincaid^ on the east, the lands of Peter Johnsoun alias Wreicht on the south, and the High Street on the north. James Robisoun, bailie giving sasine. Doneon the ground on the tenement, the 6 May 1541. Witnesses, Peter Newlandis, Robert Scott, James Dennestoun, James Robisoun, younger, James Jamesoun, John Gray and Robert Robisoun, sergeants.
263. Liferent Sasine in favour of Janet Wilsoun, wife of John Barrone, in the
tenement described in No. 262. Bailie, place, date and witnesses as in No. 262.
Folios 113-4.
264. Instrument of Sasine in favour of James Mortoun, as one of the heirs of the
late Henry Forrester of Pentosken, his avunculus^ in a quarter of a tene- ment^ lying on the north side of the High Street, between the lands of the
1 On the site of part of R. Philip's property on the north side of the Low Port.
2 On the site of No. 129 High Street : rebuilt 1596 and again 1829.
3 On the site of the east half of Nos. 33-37 High Street. ^ John Kincaid of Warriston.
^ On the site of Nos. 96-98 High Street.
1528-1578] Protocol Books of Dominus Thomas J ohnsoiin. 53
late John Caveris, now of Dominus Thomas Johnsoun, chaplain, on the west, and the lands of the late John Covvane, now of the heirs of the late John Saltoun, on the east. Sasine follows on a precept directed to James Leirmonth of Dersy, Master of the King's household, and to Robert Wethirspoune, burgess of Linlithqw, as bailiff's of Priory of St. Andrews in that part, by James, Commendator of the Priory of St. Andrews, and Alexander, Abbot of the Monastery of the Blessed Virgin Mary of Cambuskenneth, his coadjutor and administrator of the said Priory in spiritual and temporal things, superiors of the said tenement. The precept is dated at St. Andrews 23 April 1541. The procurator for James Mortoun is Thomas Forrest, and the instrument of procuration is by Alexander Macknell, notary. Done on the ground of the tenement, the 7 May 1 541. Witnesses, Peter Boid, John Ross, Allan Jame, Richard Burne, Gavin Hart, George Bell, and James Jamesoun, sergeant.
265. Instrument of Sasine in favour of Barbara Kello, daughter of Mr. Bartho-
lomew Kello, burgess of Linlithqw, in a tenement ^ lying on the north side of the High Street, between the lands of John Gibbisoun on the west and the lands of Dominus William Henrysoun, chaplain, on the east ; and also in a tenement - on the south side of the High Street, lying between the lands of David Smyth alias Mure on the west, and the lands of William Joffra on the east. Sasine follows on resignation by the said Mr. Bartholomew, under charter to his daughter, reserving his liferent. James Robisoun, bailie giving sasine. Done on the ground of the tenements, the 9 May 1541. Witnesses, Robert Scott, William Dennestoun, Mr. James Browne,^ notary public, Robert Robisoun and James Jamesoun, sergeants.
Folios 114-5.
266. Instrument of Sasine in favour of Dominus Andrew Wilsoun, canon of the
Monastery of St. Columba, in one-eighth part of the tenement described in No. 264, as one of the heirs of the late Henry Forrester of Pentosken, his avunculus. Precept from the superiors directed to bailiffs as in No. 264 with Mr. William Johnsoun. Done on the ground of the tenement the 14 of May 1541. Witnesses, William Dennestoun, Peter Newlandis, Robert More, Allan Jame, Ninian Scott, David Balye, James Bischop, and James Jamesoun.
267. Instrument of Sasine in favour of Walter Grahame of Garttarrie, as one
of the heirs of the late Henry Forrester of Pentosken, his avunculus^ in a quarter of the tenement described in No. 264. Precept of the superiors directed to the same bailiffs as in No. 266 with James Trail of Blebo. Place, date and witnesses as in No. 266.
Folios 115-6.
268. Instrument of Sasine in favour of Robert Dunbar of Durriss, as one
of the heirs of the late Henry Forrester of Pentosken, his avunculus, in one eighth of the tenement described in No. 264. Precept and bailiffs as in No. 264. Place, date and witnesses as in No. 266.
Folios 116-7.
269. Instrument of Sasine in favour of Robert Leiche, as one of the heirs of
the late Henry Forrester of Pentosken, his avunculus, in a quarter of the tenement described in No. 264. Precept and bailiffs as in N o. 264. Done
1 On the site of part of Nos. 212-214 High Street. - On the site of the west part of No. 155 High Street. ^ Schoolmaster of Linlithgow.
54 Protocol Books of Dominus Thomas Johnsoun. [1528-1578
on the ground of the tenement the i6 of May 1541. Witnesses, John Ross, John Ka, James Hammyltoun, Patrick Farle, Mungo Straherne, Robert Robisoun, John Jak and James Jamesoun.
270. Resignation by Euphemia Levyngstoun, widow of John Gowane, burgess
of Linlithqw, in favour of her son Henry Gowane, of her conjunct fee in a tenement^ on the north side of the High Street, lying between the lands of Nichol Lore alias Sadillar on the west and the lands of Alexander Stensoun on the east, under reservation of her liferent of a room in the east part of the tenement. Done on the ground of the tenement, in presence of Robert Scott, bailie, the 19 of May 1541. Witnesses, James Snawdoune, William Blakburne, James Bischop, Robert Redding, Dominus William Jak, chaplain, and James Jamesoun, sergeant.
271. Instrument of Sasine more burgi in favour of Henry Gowane, son and
heir of the late John Gowane, burgess of Linlithqw, in the tenement described in No. 270. Bailie, place, date and witnesses as in No. 270.
272. Instrument of Sasine in favour of James Walkar, shoemaker, in the
tenement described in No. 270, following on resignation by the said Henry Gowane. Bailie, place, date and witnesses as in No. 270.
Folios 117-8.
273. Instrument of Sasine in favour of Patrick Hammyltoun, burgess of
Linlithqw, in a tenement'-^ lying on the north side of the High Street of the burgh, between the lands of Robert Mayne on the west and the lands of John Ka on the east, following on charter of resignation by Matthew Inglis. James Robisoun, bailie giving sasine. Done on the ground of the tenement, the 21 of May 1541. Witnesses, Henry Foulis, Robert Mayne, Robert Redding, Alexander Stensoun, John Gray, Robert Robisoun and James Jamesoun, sergeants.
274. Liferent Sasine in favour of Janet Hendrie, wife of Patrick Hammyltoun,
in the tenement described in No. 273. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 21 of May 1541. Witnesses, Peter Newlandis, John Luff, Thomas Fawup, Nichol Lore alias Sadillar, John Gray, Robert Robisoun and James Jamesoun, sergeants.
275. Instrument of Sasine in favour of Marion Craufurd as heir of the late
Janet Amysfeld, her grandmother, in an annual rent of six and a half merks to be paid from the town and lands of Blakness. The sasine follows on a precept under the Great Seal, dated at Jedburgh, 18 May 1 541, and directed to the Lyon King at Arms and James Robisoun. The sheriffs are required to take security for fourpence of duplication of blench ferm. Done in the dwelling-house of William Dik, by the giving of a penny, the 24 of May 1541. Witnesses, Robert Symsoun, James Nasmyth, William Robisoun, John Ka, John Harde, William Dyk, William Nasmyth, Richard Louk, William Browne, David Scott, Walter Allane, John Bryss, John Gray, sergeant, and Dominus Henry Louk, chaplain.
Folios 118-9.
276. Instrument of Sasine in favour of William Foulis and Helen Leddirdale,
his wife, in conjunct fee, in the five merk land of Bonitoun, which they now occupy, extending in rental to 5 merks, and 5 cane fowls, and 5 merks grassum every third year. Sasine follows on precept under the Great Seal, directed to the sheriff and bailies of Linlithqw, and to Peter
1 On the site of part of No. 300 High Street.
'^ On the site of the east part of Nos. 262-270 High Street.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 55
Newlandis and John Wawane, as sheriffs in that part, and dated at Striveling, the i8 of April 1541. Done on the said lands, the 27 of May 1 541. Witnesses, John Wawane, Patrick Coll, Henry Foulis, John Gray, James Jamesoun, Thomas Nory, and Dominus John Pollart, chaplain.
277. Liferent Sasine in favour of Helen Leddirdale, wife of William Foulis,
burgess of Linlithqw, in his tenement^ lying on the north side of the High Street of the burgh, between the lands of John Ka on the west and the lands of Henry Foulis on the east ; and also in his tenement^ on the south side of the High Street, between the lands of the late Janet Amysfeld on the west and the lands of Henry Forrest on the east. Done singillatini on the ground of the tenements, the 27 May 1541. Peter Newlandis, bailie giving sasine. Witnesses, John Hammyltoun in Parkle, John Wawane, Thomas Loverans, Henry Foulis, James Jamesoun and John Gray, sergeants.
Folios 119-120.
278. Agreement between Dominus William Jak, chaplain of the Altar of St.
Anne, situated and founded in the Parish Church of Linlithqw, with consent of the provost, bailies and councillors of the burgh as patrons of the said altar, and James Walkar, shoemaker, who had purchased from Henry Govvane the tenement described in No. 270. The agreement narrates that an annual rent of 30 shillings Scots was payable to the said altar from the tenement, that the tenement was lying waste at the time of the sale, and that the said James Walkar undertook to rebuild the tenement and pay an annual rent of 20 shillings to the said altar. Done at a burgh court held in the tolbooth, the 27 of May 1541. Witnesses, Henry Foulis, John Keir, Allan Hammyltoun, George Bell, John Thomsoun, elder, Domini Archibald Fawup and Robert Townis, chaplains, John Peirs, John Gray, James Jamesoun and Robert Robisoun, sergeants.
279. Instrument on the ejection of James Nasmyth and Elizabeth Louk, his
wife, from the booth described in No. 257. It narrates that Dominus John Pollart, chaplain, appeared at a burgh court held in the tolbooth and explained that he had warned Nasmyth and his wife to remove with their goods from the said booth, and he now requested the court to compel Nasmyth and his wife to remove, and to give up the keys. Then the sergeants of the burgh at the command of the court, with the bailies looking on, came to the booth and demanded entry thereto for the said chaplain, and also the keys. Nasmyth refused to give up the keys or to give entry, thereupon the sergeants sealed the door, solemnly protesting that the said James and his wife were violent possessors of the booth. Done the 3 of June 1541. Witnesses, Thomas Mayne, Robert Johnsoun, John Ross, Robert Jamesoun, John Gray, sergeants.
280. Protest on behalf of John Hammyltoun in .Parkle, near Linlithqw,
narrating he had requested William Harde, messenger, in presence of the notary, instantly {msia?tfer, instantitcs et instaniissiine) to deliver to him a copy of a royal letter, raised by Mr. John Hepburne of Benistoun, for the ejection of the said John Hammyltoune and his goods from the lands of Parklie, and interdicting him from intromitting with the great teinds of Parklie and of Prestoun. The said William refused. There- upon John Hammyltoun protested that the refusal should not be to his prejudice, because the reason for the letters was not known to him. Done at the market cross of Linlithqw, the 3 of June 1541. Witnesses, John Ross, John Gray, Archibald Nycholl, Robert Ross and John Auld.
1 On the site of Nos. 246 8 High Street.
2 On the site of part of Nos. 137-143 High Street.
56 Protocol Books of Dominus Thomas J ohnsoun. 1528-1578
281. Agreement between Janet Redding, widow of Thomas Browne, burgess
of Linlithqw, and Robert Kennite, smith, Linlithqw, whereby, in respect of his receiving and instructing her son Robert Browne " in all the articles and points of his craft, great and small," she resigns to Robert Kennite with the divine blessing her natural and kindly favour in an acre of land which she presently holds of Mr. Alexander Levyngstoun of Donypace. Done in her house, the lo of June 1541. Witnesses, Robert Petticruff in Cottis, William Ingliss, William Teddocht, Robert Fostar and Thomas Robart.
Folios 120-1.
282. Instrument of Sasine in favour of Robert Gyb, household servant of the
King, in 8 oxgangs of the lands of Kincavill, lying in the sheriffdom of Linlithqw, and then occupied by Patrick Charle and Helen Cleghorne. They formerly were held in feu of the King by James Hammyltoun of Kincavill, but were escheated to the King for heresy. The sasine follows on precept under the Great Seal, with consent of the Queen- mother, liferentrix of the said lands, and of her husband Henry Lord Methven, directed to the King's sheriff and bailies of Linlithqw and also to Alexander Glen and William Dennestoun, as sheriffs in that part, and dated at Striveling, 11 May 1541. Sasine is given to Robert Wethir- spoune, burgess of Linlithqw, as attorney for Robert Gyb, acting under letters of attorney under the quarter seal, at Edinburgh 15 June 1541. Done at the principal building or mansion of the said 8 oxgangs, the 17 June 1 541. Witnesses, William Dennestoun, Henry Robisoun, Charles Red, Allan Allanson, David Balye, John Hammyltoune, son of John Hammyltoune in Stanehous.
283. Grant by Alexander Thomsoun, son of the late Andrew Thomsoun in
Barrestoun,^ in favour of John Bogill, burgess of Linlithqw, of the singular and kindly favour with the divine blessing, which he had in the said John Bogill's tenement,- lying on the north side of the High Street of Lin- lithqw, between the lands of Gilbert Spade on the west and the lands of Robert Mayne on the east. Done on the ground of the tenement in presence of the notary, the 21 of June 1541. Witnesses, Robert Scott and Peter Newlandis, bailies of the burgh, Robert Robisoun, walker, Andrew Quhithill, William Callenter and Robert Robisoun, sergeants.
Folios 121-2.
284. Instrument of Sasine in favour of Marion Crawfurd, daughter of the late
Richard Crawfurd, burgess of Linlithqw, as heir to the late Marion Amysfeld, daughter of the brother of the grandmother ^ of the said Marion Crawfurd, in half of a tenement^ lying on the south side of the street between the lands of the late Robert Foulis, now of William Foulis, on the east, and the lands of the late Matthew Meldrum, now of the heirs of the late John Litster, on the west ; and also in the half of an annual rent of 6 shillings Scots payable from the tenement '' of William Wilsoun, lying on the south'side of the street between the lands of the late Patrick Hynd on the east and the lands of the late John Toddrick on the west. The sasine followed on Precept from the Royal Chancery, dated at Edinburgh, the 22 of June 1541. Robert Scott, bailie giving sasine. Done on the ground of the tenements, the 25 of June 1541. Witnesses, Henry Forrest, provost, Thomas Forrest, William Young, Robert Foster
^ Bo'ness.
2 On the site of the west part of Nos. 262-270 High Street.
3 Janet Amysfeld = Archibald Crawfurd. Their son Richard Crawfurd = Elizabeth Louk. Marion Crawfurd is their only child.
■* On the site of the west part of Nos. 137-143 High Street. ^ On the site of Nos. I77-I79 High Street.
1528-1578] Protocol Books of Dominus Thomas J ohnsoufi. 57
Robert Young, Robert Crosar, Henry Gray, Domini Henry Louk and Robert Townis, chaplains, John Gray, James Jamesoun and Robert Robisoun, sergeants.
285. Instrument of Sasine in favour of Marion Crawfurd (as in No. 284), as heir
to the late Margaret Amysfeld, daughter of the brother of her grandmother, in the other half of tenement and annual rent described in No. 284. Bailie, precept, place, date and witnesses as in No. 284.
286. Assignation by Robert Carribber of that Ilk in favour of Robert Gyb,
King's servant {servitor fainiliar is regis)^ of the letters of reversion of the lands of Carribber, lying in the sheriffdom of Linlithqvv, granted by the late Henry Crechtoun of Recartoun ^ to the late Duncan Carribber of that Ilk and also to the late Robert Carribber of that Ilk. Done in the Palace of Linlithqvv, the 26 of June 1541. Witnesses, William Crawfurd, laird of Hanyng, James Bog, David Red, Alexander Glen, James Gyb and William Coling.
Folios 122-3.
287. Obligation of relief by Robert Gyb in favour of Robert Carribber of that
Ilk (as in No. 286), to free Carribber and his heirs from payment of an annual rent of three pounds ten shillings, due from the lands of Carribber to the heirs of Henry Crechtoun of Ricartoun. Place, date and witnesses as in No. 246.
288. Instrument narrating that Dominus Robert Douglass, chaplain and
presentee of the perpetual chaplainry of Galthollis,- situated in the cathedral church of Aberdeen, and duly elected to the said chaplainry by David Dischenton, precentor and head of the chapter of Aberdeen, and by the canons thereof, at any rate by the greater and elder part thereof {tnaiorem et senioreni '■'' partem)^ undoubted patrons of the said chaplainry, personally appeared before William, Bishop of Aberdeen, and also in presence of the notary, holding in his hands certain letters of appeal in duplicate, concerning the said chaplainry, and humbly craved the said Bishop to grant him apostoli^ in form of law relative to his said appeal. The bishop thereupon declared that he fixed this term of law for granting him apostoli on his suit, and also for considering the appeal within the said time. The chaplain thereupon delivered to the bishop the half of the letters of appeal, under the signum and subscription of James Galloway, notary public. But the bishop fixed neither date nor place for the applicant's receiving the apostoli, but merely the law-term. Done in the royal palace of Linlithqw, the 7 of July 1 541. Witnesses, William, bishop of Dunblane, John Stewart of Mento, Mr. William Stewart, rector of Quidquhen, Mr. John Gardin, rector of Tyre, Dominus John Lion, vicar pensioner of Banchore Devenic, and John Peddar.
289. Instrument of Sasine in favour of Katherine Robisoun, daughter of James Robisoun, burgess of Linlithqw, in the forehouse and piece of ground not built on forming part of the said Robert's tenement,^ lying between the lands of John Ross on the south, the rest of the tenement of the said Robert Robisoun on the west, the lands of John Mackalyane on the north, and the street on the east. The sasine followed on a charter by the said Robert Robisoun with consent of Marion Arnot, his wife.
1 Riccarton, near Linlithgow.
2 Galchowell, mod. Gauldwell, in Banffshire. The lands were granted by King David I. to support a chaplainry in Aberdeen Cathedral {Regis. Epis. Aber, I. 90).
^ As in Protocol Book.
^ Letters dimissory in an appeal to a higher court.
^ Now vacant ground, immediately south of Cross House : on the west side of the Market Place.
58 Protocol Books of Do7ninus Thomas Jo Jinsomi. [i 528-1 578
Peter Newlandis, bailie, gave sasine of the fore-house and ground from top to bottom {a stwivio usque dcorsum). Done on the ground, the 12 of July 1 541. Witnesses, James Brokkas, Domini William Cornwale, Andrew Flemyng and Patrick Newlandis, chaplains, and James Jamesoun sergeants.
Folios 123-4.
290. Instrument of Sasine in favour of John Loverans, natural son of John
Loverans, burgess of Linlithqw, in a tenement ' lying on the south side of the High Street, between the lands of Robert Wethirspoune on the east and the lands of Edward Wilsoun on the west and south, following on resignation by the father with consent of Janet Speir, his wife ; both reserving their liferent. Peter Newlandis, bailie giving sasine. Done on the ground of the tenement, the 4 of August 1541. Witnesses, James Brokkas, Robert Foster, William Wilsoun, John Bogill, John Slater, Allan Cram, John Gray, James Jamesoun and Robert Robisoun, sergeants.
291. Instrument of Sasine in favour of James Wawane, natural son of John
Wawane and Elizabeth Paterson, in two tenements - lying on the south side of the High Street, between the lands formerly of Sir James Hammyltoun of Fynnart, and now in the King's hands, on the west and south, and the lands of the said John Wawane on the east ; also in five rigs^ lying on the south side of the burgh, between the lands of the late Henry Crechtoun on the west and the lands of the late Norman Young, now occupied by Katherine Hammyltoun, on the east ; and also in a third part of the garden lying on the south side of John Wawane's tenement, between the lands of the late William Beir on the east and, the lands of the said John Wawane on the north and south. Sasine followed on charter of resignation by John Wawane and Elizabeth Paterson, who reserved their liferent. James Robisoun, bailie giving sasine. Done smgillatim on the ground of the subjects, the 6 of August 1 541. Witnesses, Patrick Farlie, Bartholomew Brokkas, John Nasmyth, Robert Wawane, Alexander Wawane, and James Jamesoun, sergeant.
292. Instrument of Sasine in favour of John Wawane, son of John Wawane, • burgess of Linlithqw, in the east half of a tenement ^ lying on the south
side of the burgh, between the lands of the late William Beir on the east and the lands of the said John Wawane on the west, and the lands of James Wawane {ex novo) on the south ; and also in the middle third of the garden, lying between the lands of the late William Beir on the east and the lands formerly of James Hammyltoun, now in the King's hands, on the west ; following on charter by the father, with reservation of liferent to himself and his wife. Done on the ground on the tenement. Bailie giving sasine, date and witnesses as in No. 291 (with James Wawane).
Folios 124-5.
293. Instrument of Sasine in favour of Alexander Wawane, son of John
Wawane, burgess of Linlithqw, in the west half of the tenement,^ and the south third part of the garden, as described in No. 292, following on charter by the father as in No. 292. Bailie giving sasine, place, date and witnesses as in No. 292 (without Alexander Wawane).
^ On the site of the east part of the " Shoemakers' Land," Nos. 123-127 High Street.
'■^ On the site of part of Nos. 69-75 High Street.
^ To the east of the Teind Barn ; superiors, the Abbey of Arbroath.
^ On the site of part of Nos. 69-75 High Street.
^ On the site of part of Nos. 67-69 High Street,
1528-1578] Protocol Books of Dominus Thomas Johnsoun, 59
Folios 125-6.
294. Instrument of Sasine in favour of Andrew Mechelsoun, King's servant
and groom, in the lands specified in No. 231. Sasine followed on precept under the Great Seal of date at Falkland 12 August 1541. Sasine given by William Straherne, King's messenger, sheriff in that part. Done singillatim on the ground of the subjects, the 23 of August 1541. Witnesses, Dominus Stephen Litster, canon of Holyrood, Patrick Grintoun, John Barrone, James Hog, Alexander Paris, elder, Dominus Alexander Ker, curate of Abircorne, James Clerk, and Alexander Paris, younger.
295. Liferent Sasine in favour of Elizabeth Hammyltoun, wife of Robert
Wethirspune, burgess of Linlithqw, in his tenenient ^ lying on the south side of the High Street between the lands of the late William Beir on the west and his own lands on the east. James Robisoun, bailie giving sasine. Done on the ground of the tenement, the 25 of August 1541. Witnesses, William Dennestoun, Peter Boid, Patrick Bissat, James Robisoun, younger, Domini Andrew Wodman and James Newlandis, chaplams, and Robert Robisoun, sergeants.
296. Liferent Sasine in favour of Mr. Robert Hammyltoun, rector of Kincardin
oneill, in the tenement described in No. 295, following on resignation by Robert Wethirspoun, with consent of Elizabeth Hammyltoun, his wife. Bailie giving sasine, place, date and witnesses as in No. 295.
297. Instrument of Sasine in favour of George Estoun, burgess of Linlithqw,
in a tenement'-^ lying on the north side of the High Street, between the lands of Robert Wethirspoun on the west and the lands of David Rait on the east, following on resignation by Adam Weddale, burgess of Linlithqw, with consent of his wife, Margaret Bynnyng. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 29 of August 1 541. Witnesses, Peter Newlandis, James Ade, John Hammyl- toun, William Estoun, Robert Estoun, Robert Robisoun and James Jamesoun, sergeants.
Folio 127.
298. Liferent Sasine in favour of Katherine Lewyngstoun, wife of Henry
Forrest, provost of Linlithqw, in his tenement described in No. 227. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 17 of September 1541. Witnesses, Edward Wilsoun, John Loverans, Robert Young, James Robisoun, baker, and James Jamesoun, sergeant.
299. Agreement between Robert Gardinar alias Cukye, burgess of Linlithqw,
and William Grinlaw, younger, in Reddocht, whereby the said William leases to the said Robert his part of the lands of Greyne Huk, lying in the barony of Kerss, regality of Broychtoun, and sheriffdom of Striveling, for 7 years from the Feast of the Holy Cross, called Beltane, 1542, and in respect of which the said Robert paid to the said William the sum of three pounds ten shillings Scots. Done in the chamber of Dominus Thomas Johnsoun, chaplain, the 2 of October 1541. Witnesses, David Red in Bynnis, Alexander Rust, Alexander Loverans, and Dominus David Hutoun, chaplain and notary public.
300. Instrument of Sasine more biirgi in favour of John Skougall, son and heir
of the late Andrew Skougall, burgess of Linlithqw, in a tenement^ lying
1 On the site of Nos. 63-65 High Street.
2 On the site of Nos. 154-156 High Street.
* On the site of the east part of No. 238 High Street.
6o Protocol Books of Dominus Thomas fohnsoun. [1528-1578
on the north side of the High Street, between the lands of the late Patrick Creichtoun on the west and the lands of the chaplain of the altar of St. John the Evangelist, situated and founded in the Parish Church of Linlithqw on the east. Robert Scott, bailie giving sasine. Done on the ground of the tenement, the 3 of October 1541. Witnesses, Dominus George Skougall, rector of Inchmauchane, Henry Foulis, Peter Newlandis, Thomas Merschell, John Burne, Robert Robisoun and James Jamesoun, sergeants.
Folios 127-8.
301. Obligation by John Skougall, as in No. 300, to allow his mother, Janet
Hendirsoun, to occupy the tenement (described in No. 300) rent free till Whitsunday 1543, and thereafter to pay to the said Janet 20 shillings a year for her life. Done on the ground of the tenement, date and witnesses as in No. 300.
302. Instrument of Sasine in favour of Alexander Mauchane, burgess of
Edinburgh, son of the late John Mauchane, burgess of Edinburgh, in two oxgangs of Estir Bynnyng, lying in the territory thereof and in the sheriffdom of Linlithqw, following on charter of resignation by Matthew Hammyltoun of Estir Bynnyng, with consent of Marion Hammyltoun his wife. Sasine given to John Lang, as attorney for Alexander Mauchane, acting on letters of attorney under theGreal Seal. Done on the said lands, the 25 of October 1541. Witnesses, Herbert Hue, John Byris, Thomas Hunter and Andrew Young.
303. Instrument of Sasine tnore burgi in favour of James Grintoun, son and
heir of the late David Grintoun, burgess of Linlithqw, in two rigs ^ of, land lying on the south side of the burgh of Linlithqw, between the lands of John Lewyngstoun, laird of Castelcary, on the west and the lands belonging to the chaplain of the altar of the Holy Saviour, situated and founded in the Parish Church of Linlithqw, on the east. Robert Scott, bailie giving sasine. Done on the ground of the rigs, the 4 of November 1 541. Witnesses, James Nasmyth, John Ross, James Grintoun of Nuk, Robert Henderson, Robert Robisoun and James Jamesoun, sergeants.
304. Instrument of Sasine in favour of James Grintoun of Nuk, in the two rigs
described in No. 303, following on resignation by James Grintoun. Bailie, place, date and witnesses as in No. 303 (except James Grintoun of Nuk).
305. Instrument narrating that William Craufurd, laird of Hanyng, appeared
before William Dennestoun, sheriff-depute of Linlithqw, and humbly requested him to liberate James Brokkas, burgess of Linlithqw, then a prisoner in the prison of the Royal Palace of Linlithqw, and offered himself or other sufficient pledges as surety for the said James compear- ing before the sheriff principal or his depute as required. The sheriff- depute refused. Thereupon the said William Craufurd protested for remeid of law. Done at the Market Cross of Linlithqw, the 16 of November 1541. Witnesses, Henry Forrest, William Knollis, Ja-mes Duncane, Mr. Bartholomew Kello, John Gray, Robert Scott, James Jamesoun, and Dominus David Hutoun, chaplain and notary public.
Folios 128-9.
306. Discharge by Alexander Hammyltoun, natural son of the late Sir James
Hammyltoun of Fynnard, in favour of Dominus William Jak, chaplain, and master of the chapel of St. Mary Magdalene near Linlithqw, of a money payment or pension, due by the chaplain to him, for the period up to Martinmas 1542, in terms of the chaplain's obligation, acted in the
^ Now part of the north-west field of Clarendon.
1528-1578] Protocol Books of Dominus Thomas Johnsoun. 61
court books of the Official of St. Andrews in the Archdeanery of Lothian. Done in the chamber of Dominus Thomas Johnsoun, chaplain and notary pubhc, the 5 of December 1541. Witnesses, Alexander Burne, George Jak, Dominus Andrew Flemyng, chaplain, and Dominus David Hutoun, chaplain and notary public.
307. Renunciation by Dominus William Jak, chaplain of the altar of St. Anna,
situated and founded in the Parish Church of Linlithqw, in favour of William Foulis, burgess of Linlithqw, of an Act of Monition, contained in the books of the Official of St. Andrews in the <