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Records of the Sheriff Court of Aberdeenshire
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Record "snapshot" for the document called: Records of the Sheriff court of Aberdeenshire
Table of Contents of Vol. VIL of Diet Books
Febry. 22. Sheepstealing, &c. John Kid, indweller in Auld Abd. and John Litiljohne at Justice Mills, were charged with Sheepstealing, &c. There were eight charges against
Kid and five against Littlejohn besides the charge of being "commone theiffis and
briganes" which applied to both. Being found guilty of most of the charges the
sentence is thus entered : "The Shreff ordanit the saids persones to be drownit foir
thair demereits." The jury numbered 23, all living near the places where the different
acts were said to have been committed, and the verdict was signed by Henry Mowtray
in Perwinnes, the Chancellor.
23. Housebreaking. Isobell Robertsone, natural daughter of Henry Robertsone, confessed that she and one Meatie Boige had been put in at house windows to steal.
March 2. Removing. Mr. Alexander Setoune v. John MOWAT at the Mill of Kindrocht.
July 31. Loosings of Arrestments. John Gordoun of Blelok v. Mr. James Leisk, Minister at Colstane. Peats &c. in the Moss of Brumhill. Cautioner Mr. Robert Paip, Advocate in Abd.
Augt. 9. James Ogiluie of Birnes v. Alexr. Walker at the Mill of Birnes. Cautioner Alexr.
Hay of Brunthill.
Lawborrows. Wm. Forbes of Logiefintray and Thomas, Andrew and John
Bauerleyis, William Thomsoun and Marjory Clark, his tenants v. Mr. Wm. Neilsoune, Minister of Fintray. The Minister had been charged by letters from the Court of Session not to molest these people in their persons or possessions ; but it was arranged that the caution should be taken in the Sheriff Court, and Alexander Tilliedaff of
Auchedlie was cautioner under penalty of 200 merks.
Ratification Taken Under a Commission (out of date). Isobell Cheyne,
wife of Magnus MOWAT of Buchollie. On 16 May commission was granted by the Sheriff depute and Sheriff Clerk to John Forbes of Gask and Wm. Ogstoun, Notary, as Sheriff depute and Sheriff Clerk depute respectively, to take the lady's Ratification of a
wadset right granted by her husband over the Mill of Colp for 3000 merks in favor of James Raittie, elder, in Minamie. The commission was executed at Buchollie on 31 May, but there is no evidence to show on what date it was reported. The Sheriff depute ordered the report to be registered in the books of Court, which was done at
Septr. 13. Loosings of Arrestments. Magnus MOWAT of Buchollie . Alexr. Copland of Idoche and Elspet Efflek, his mother. " Cornis fewaill fell and douattis sawin schorn castin and win be thame respective upone ony pairt of the Maynis of Buchollie the Ubray and Keirthen." Cautioner Wm. Udnie of that Ilk.
16. George Merchand in Pennieburne v. Wm. Kars in Crichie. This arreslment was in security of an alleged debt of 200 merks. Cautioner David Porteous in Frendrauche.
Arthur, Lord Forbes and his tenants of Cowllie v. Wm. Forbes of Monymusk and his tenants of Dillab. The corn sown by the arrestees upon the South-West part of the lands of Cowllie "at that pairt callit the Blakhillok," and alleged to belong to the tenants of Cowllie. Cautioner Thomas Douglas, burgess of Abd.
Elspet Effleck, Lady of Idoche as conjunct fiar of Idoche and Greiness v. Magnus MOWAT of Buchollie. Corns sown and "fewaill, faill and douatts cassin" by the arrestee upon the lands of Kearthin and Yewbray. Cautioner James MOWAT of Smiddiseat.
Novr. 14. Judicial Obligation. Henry Mutray in Pervinnes as principal, John Leang and as cautioners in favor of Alexr. Crafurd of Rethin. The granters bound themselves conjunctly and severally to pay 100 marks to Crafurd two days before Martinmas 1607, under the penalty mentioned in the entry.
17. Loosings of Arrestments. John Drum of Rubislaw v. Sarah Keyth, mother of George Leslie of that Ilk. Cautioner George Leslie of that Ilk.
20. Alexr. Cowpland of Idoche v. Wm. Cowpland at the Myll of Idoche. Cautioner Magnus MOWAT of Buchollie. The allegation was that the arrcstee had intromitted with "certane cornis" belonging to the arrester.
28. John Grey at the Myll of Leisk v. Thomas Duff in Abd. Duff was said to have abstracted the mill multures applicable to his occupation of Belskanfie. Cautioner Gilbert Hendrie, burgess of Abd.
29. Assault Blood-drawing. John Falconer, servitor to the Laird of Petodrie v. John Mackisoun, Notary Public, son of Alexr. Mackiesoun of Inverurie. Cautioner George Leslie of Crichie.
Deer. i. Loosings of Arrestments. James Findlaw, Wm. Mathiesone and George Harie in Lessindrum . George Gormak in Lessindrum. The arrestee was said to have been "mailing and intromelting with the guids and geir perteining to umquhill Agnes Eissat sumtyme in Lessindrum mother to the said George left to be equalie distrabuttit amongis his bairnis." Cautioner Wm. Marshell in Garrae.
6. George Kar of Benvellis v. Gilbert Hendersone in Brunbrey. Hendersone was said to have been wrongously intromitting with goods and gear belonging to Kar. Cautioner George Keith of Clakreauche.
16. The Executors of Margaret Gordoun, Lady of Banadallache v . Elspet Gordoun, widow of Martin Clerk in Auld Abd. Cautioner Alexr. Gordoun, burgess of Abd.
19. Renunciation and Declaration of Ownership. Wm. Skeyne, burgess of Abd. in favor of Mr. Richard Irving, also burgess there. Skeyne declared that the Sow croft and one half of the Bread croft lying in the east Territories of Abd. had for divers years belonged to Irving, having been disponed to him by Skeyne and Janet Donaldsone his wife.
22. Loosings of Arrestments. John Anderson, yor. in Chrystis Kirk z 1 . John Andersone there. The arrestment was laid on in consequence of the alleged spuilzie by the elder man of "certane clathis and aboilziementis." Cautioner George Lcang, burgess of Abd.
23. John Smith in Pettindrum z>. Walter Greig there. To secure eleven years' duty of the Myll croft of Pettindrum. Cautioner James Greig in Pettindrum.
27. David Murdo in Seytoun v. John Reid, Skinner in Auld Abd. To secure payment of the price of a horse belonging to Murdo, which died while in Reid's possession. Cautioner Alexr. Lome, burgess of Abd.
Aberdeenshire Sheriff Court:
Deer. 27. Renunciation and Ratification taken on Commission. Elspet MOWAT, wife of George Crawfurd of Annachie, with consent of her husband, in favor of Magnus MOWAT of Bolquhollie. Elspet MOWAT, as the daughter of Patrick MOWAT of Bolquhollie, had an infeftment over the Lands of Jakistoune and Yewbrae, in security of 3000 merks (presumably her portion). Her renunciation was taken at Turriff on commission by Mr. George Hay, Parson of Turriff, and William Ogistowne, Notary
there, as Sheriff depute and Sheriff Clerk depute, specially appointed by the principal Sheriff depute and Sheriff Clerk. The commission is recorded immediately before the report.
Jany. 8. Commission by principal Sheriff depute and Sheriff Clerk. John Forbes of
Gask or Patrick Con of Auchrye, as Sheriff depute and Wm. Ogistowne in Turriff or
Thomas Bruce, both Notaries, as Sheriffs Clerk depute, were appointed by this Com-
mission, which was dated in Novr. 1606 (i) to take the renunciation of Wm. Gordoun
in Lestcragie and Janet Con, his wife, of the lands of Lestcragie, Breidgrenis and
Breidfurd in favor of Magnus MOWAT of Buquhollie and Isobel Cheyne his wife. (2) To
receive the consent of the said Isobel Cheyne to the alienation by her husband, with
consent of Walter Innes and Janet Gordoun, his wife, of the above lands of Lestcragie,
&c., and (3) to take the renunciation of Jeane MOWAT, Lady of Asloun of the lands of
Woidendis or of any part of the lands of Buquhollie or of lands in Caithness, to which
she had got right or title from the late Patrick MOWAT of Buquhollie, in favor of the said
5. Elspet Auchinlek, liferentrix of Buchomiachy v. Magnus MOWAT of Bucholly. Cautioner Thomas MOWAT in [?] Okingell. Peats in the Hill of Buchomiachy.
Feb 15. Revocation of Deeds Granted in Minority. Alexander Keyth, apparent of
Pettindrum. Besides the general revocation there is specially mentioned a bond for
300 merks of dot and tocher, promised with Girsall Keyth, his sister, to George MOWAT,
her husband, and failing him, to Andrew MOWAT, his father, and failing him, to Magnus
MOWAT of Buquhollie. From the general revocation is excepted a lease of Hardie Oyk-
horne in Aberdour, granted to Robert Keyth, his uncle.
Aug 5. Commission from Court of Session. Oath de fideli. James MOWAT and Mr. Robert Davidsone, Advocates in Abd., who had a Commission from the Supreme Court as " deligatis," and Sheriffs of Kincardine in that part, to cognosce upon the marches of Portlathin and Balquharne belonging to Wm. Forbes of Portlathin on the one part and
the lands of [illegible] belonging to James Blindschell on the other part, all in the parish of Banchory Devenick, took the oath de fideli before the Sheriff depute at Aberdeen.
28. Loosing of Arrestment. Wm. Reid in Petblae v. Thomas Crystie in Con- craiges of Ardglassie. Cautioner Mr. Andrew Bedy, Skulmaister in Fraserburgh. Manslaughter. The Crown v. Mr Patrick Cheine, burgess of Abd. The charge was of the slaughter of Walter MOWAT in Colpe. Caution 300 merks. Mr. John Cheine of Petfeichie was cautioner for accused's appearance.
Octr 14. Renunciation and Discharge. John Leslie, apparent of New Leslie in favor of Andrew Leslie c,f New Leslie, his father. This was a Renunciation by the son in favor of the father of that part of a contract between them dated at Abd. 17 January 1605, whereby the father was bound to infeft the son in the lands of (i) New Leslie, &c. in
the Barony of Leslie ; (2) Kirktoune of Chrystis Kirk and Tempill lands thereof in the parish of Kennethmont and Chrystis Kirk ; (3) Ederlick &c. in the parish of Premnay ; and (4) Inche in the parish of Inche. The rights of Janet Leslie, wife of Andrew and mother of John Leslie, under the contract were reserved, and John's right to twelve
bolls of victual out the lands of Inche was not to be prejudiced.
Loosings of Arrestments. Wm. Gray in Cowburtie and John Andersone in
[?] Satlingraw r. Alexr. Smyth in Tyrie. Cautioner Jaspert MOWAT in Cremondgorthe.
Septr. 20. Mutilation. Mr. Wm. Barclay, Procurator Fiscal v. Wm. and Andrew Cruickshank in Glenmallig and Wm. Durnoch in Buss of Logic Auldtoune. The alleged mutilation of Wm. MOWAT in Logic Auldtoune. Cautioner George Dempster of Hassiwallis.
Oct 22. Loosings of Arrestments. John Touche, elder, burgess of Abd. v. John Touche, younger, burgess of Abd. Cautioner James MOWAT, burgess of Abd.
Robert Dasone in Linquhanan v. George Duncansone in Linquhanan. Cautioner Robert Burnet, burgess of Abd.
Win. Birnie in Fraserburgh z 1 . James Clark of Houssahill. Cautioner Mr. Alexr. Irving [Advocate].
Sept. 28. Loosing-s of Arrestments. Robert MOWAT of Quarrellhill v. Magnus MOWAT at the Mylne of Colpie. Cautioner James MOWAT in Smidiseat. Alexr. Cumyng of Culler v. Alexr. George, Messenger at the Mylne of Collairlie, Thomas Robert in the Wood of Drum, James MOWAT in Dowaltye and Alexr. Smyth in Beildsyid. Cautioner Mr. Win. Davidsone, son of the late Mr. Wm. Davidsone, Advocate in Abd.
28. Henry Mathowsone in Lachintillie 7>. Patrick Gray in Tirriwaill. Cautioner Andrew Young, burgess of Abd.
Robert. Commendator of Monymusk v. Gilbert Broun in Camphell. Cautioners Peter Irving in Carnebadie and John Straquhin in Foullis MOWAT.
21. Loosings of Arrestments. Wm. Andersone in Kinglasser v. Alexr. Crowden in Kinglasser. Cautioner Alexr. Fraser, Portioner of Memsie.
Deer. 5. Sir Wm. Keyth of Ludquharne, Knight, v. Helen Adamsone in Fercok. Cautioners Alexr. MOWAT in Lytill Creichie of Deir and James Donaldsone in
March 22. Thomas Robertsone in Ihe Wod of Drum, Alexr. Smyth in Beildsyd, James MOWAT in Dowaltie and Alexr. George, Messenger, v. Robert Irving, Cowper, burgess of Abd. Cautioner George Scot, burgess there.
March 29. Loosings of Arrestments. Robert Thomsone at the Mylne of Ord v. Alexr. Fraser in Brotherfeild. Cautioners John Wallace in Beildsyd and John Hendersone in Schethokisley.
Thomas Robertsone in the Woid of Drum, Alexr. Smyth in Beildsyd, James
MOWAT in Dowaltie and Alexr. George in Collairlie v. Gilbert Stewin, burgess of Abd. Cautioner David Aidie, burgess there.
Feb. 26. Nature of Actions not disclosed. Andrew King, Advocate [in Aberdeen] v. John Yuill, sometime in Murthill, Alexr. Craig in Auldfauld, and Andrew Craig in Nether Murthill. At the first calling on February 5, an Act of the Commissariot of Aberdeen was produced by the Pursuer. Case does not appear after March 5, when there was circumduction on account of the failure of the Defender to lodge eiks.
Patrick Ramsay, Tailzeour, servitor to John Leslie of Balquhane v. Andrew Touche in Brigend of Knokandochie. This case was first called on February I, and after defences and replies had been lodged, the present diet was fixed for the giving in of eiks by the Defender. He failed to do so, the term was circumduced, and no farther entry has been found.
Magnus MOWAT of Bolquhollie, John Moncur of Slains and Mr. Alexr. Irving, Advocate v. Alexander Skeine of Culquhorsie. At this diet replies by the Pursuer to the eiks to the defences were handed in, and the Sheriff assigned March 5 to pronounce interlocutor, but no farther entry has been found until 4 March, 1618, near the end of the volume, when the cause was awakened.
James Smyth in Elrick r. John Gareoch in Badevin and James Gareoch his son. After a couple of enrolments, this case disappeared.
James Leslie at the Mylne of Warthill i>. John Leslie of Wardesand Robert Glenny in Brigend. After defences were lodged, the case dropped out of the roll.
June, Decree of Removing. John Forbes of Brux v. James MOWATt in Mains of Muresk. The " sone east pleuche of the Mains of Muresk," in the parish of Turriff. Pursuer's Sasine dated 26 September, 1607. Notary the late William Ogstoune.
Aug 31. Andrew Meldrum of the Muirs of Fywie v. Magnus MOWAT of Bolquhollic. Cautioner James MOWAT of Smiddieseitt. Peats in the moss of Blachrie.
Report of Commission. Renunciation. There is entered of this date a Com-
mission dated 27 April, 1622, granted by Thomas Gordoune of Lytle Gowell, Sheriff
depute, and Mr. Wm. Andersone, Sheriff Clerk, in favor of Mr. James Forbes of
Hauchtoune and Wm. Forbes in Kinstair, Notary Public, as Sheriff depute and Sheriff
Clerk in that part, to take the Renunciation of Jeane MOWAT, wife of Alexr. Calder of
Asloune, of the lands of Asloune and Muir in the parish of Awfuird, and also the
Renunciation of Janet Foullartoune, wife of James Calder, Fear of Asloune, of the
lands of Tonley, Findlatrie and Denmilnc in the parish of Touche, and of 12 oxengait
of Dorsaill in the parish of Awfuird. The Renunciations were to be in favor of James
Forbes in Colmellie, by whom the Report of the Commission was handed in of this
date. It embraced however the Renunciation of Janet Foullartoune only, which was
taken within the Hall of the house of Asloune on 5 May, 1622.
21. Renunciation and Discharge. Janet Foullartoune, wife of James Calder,
younger of Asloune, by this Act renounced and discharged, in favor of her father-in-law,
Alexr. Calder, elder of Asloune, " All tytle and richt of tearce conjunct fie lyvrent or
uther richt quhatsumewir shoe hed hes or anywayes maye clame ather of stock or teind
of Tonleye, Meikill Findratrie and Denmill " in Touche. She farther passed, in like
manner, from her right to "jtuell oxingait lands of Dorsaill " in Awfurd, in favor of Mr.
Andrew Skeyne of Cheppeltoune for whom John Leslie of Abirloure appeared as pro-
Renunciation and Discharge. Jeane MOWAT, wife of Alexr. Calder, elder of
Asloune, by this Act renounced, in favor of Mr. Andrew Skeyne of Cheppeltoune and
James Forbes in Collmellie, her rights to Asloune and Mures and Owerhills of Asloune.
July 27. Alexr. Fraser of Boigheidis, Chamerlane to William, Earl Mershell v. James
MOWAT of Ardo and tenants of Keir and Suttarhill. Cautioner Patrick Farquhar,
burgess of Abd. Peats in the Moss of Liddauche.
12. Decree. Rents. George Johnstoun, younger, burgess of Abd. v. John Chalmer, Messenger in Auld Abd., Robert George, Wm. Fyiff, Alexr. Tellie, John Forbes, John Fraser, Robert Bauerlay, Mr. George Clerk, Thomas Merser, James Innes, George Kyng and John MOWAT, all in Auld Abd. The Pursuer stated in his summons that he had right from Sir Alexr. Gordoun of Cluny, knight baronet, to the " teynd beir corne
fodder and pruiff of the east halff and teritorie of the croftis of the burgh of New Aber- dein pertening to Alexander Gordoun eldest lawfull sone to umquhill Patrick Gordoun of Bursmoir takisman thairof under the Bischop of Aberdein and also the haill feu ferine beir of the said Alexander Gordoun his lands crofts and ruids lyand in the teritorie of
the crofts of Auld Aberdein " for crops 1632 and 1633. It was the beir for their occupa- tion of the Old Abd. crofts during these years that the Defenders were sued for and were ordained to pay at the rate of 8 and 10 per boll respectively.
Novr. 15. Guarantee. Alexr. Burnet of Clunie . Wm. Hay and Paul Colleisone burgesses of Abd. as guarantors for James MOWAT youngest lawful son of the late James MOWAT of Ardo. The amount was 60. Expenses 4O/-.
May 26. Registration. Agnes MOWAT, daughter and executrix of James MOWAT in Dowaltie
(Out of and James Ross in Quhobbes, her husband v. Alexr. Gairdyne sometime of Banchorie,
date.) then in Auld Abd. The Defender had by bond dated 6 Novr., 1616 bound himself as
cautioner for George Merser " ane of the Commissar Clerks of Auld Abirdein " for a
loan of loo merks from the deceased James MOWAT. This Bond was now ordained to
be registered for execution at the instance of the Pursuer. According to the terms of
the Obligation the loan was to be repaid on 10 Nov., 1616, within the dwelling-house of Mr. Gilbert Ross in Abd.
May 8. Loosings of Arrestments. James Elphinstoune of Glak v. Hew Gordoune of
South Colpnay. Cautioner Alexr. MOWAT, occupier of a plough of Colpnay. The
arrestment (as was quite usual at this period) had been laid on the " haill houssis and
biggingis presentlie standing upon the ground of the saids lands of South Colpnay timer
and timber wark theirof sic as cupilis panis ruiffis tailis cabers lookis dooris windowis
perteining to the said I lew Gordoune."
10. Renunciation and Discharge. Report of Commission. Marjorie Ferguisone,
wife of John P'orbes of Aslowne, renounced, in favor of Sir Wm. Forbes of Monymusk,
all her rights to "All and Haill that pairt and portioune of ane Inland prescntlie
occupied by Sir Thomas Crombie of Kemnay knight with the haill sellaris chahneris
kitchinis loftis and uthers with the galerie and seuanis thairof adjacent thairto, the
foirhous belonging to Alexr. Duff lyand in the Burgh off Abd. in the North syid of the
Castellgate thairoff betuixt the land of uniquhill Gilbert Dawie at the east the land off
umquhill James MOWAT at the wast the backland pertaining to the said John Forbes at
the northe and the foirhous of the said Alexr. Duff at the south." The Commission was
carried out at Aslowne, on 30 May, Patrick Forbes, apparent of Campbell, acting
as Procurator for Sir William Forbes, and John Leslie in Kininwie, Alexr. Calder
of Cushny, Wm. Forbes, son of James Forbes of Cloak and Mr. Thomas Forbes,
Persone of Tuche being taken as witnesses to the Act of Court.
18. Mr. Roger MOWAT, Advocat in Edinburgh v. Alexr. Sinclair, sometime in Lendrum,
then in Segget. Cautioner Mr. James Haye of Petgair.
June 21. Patrick MOWAT of Balquhollie v. Alexr. Murray in Jackistoun. Cautioner Alexr. Beidie in Turreff.
SNIPS from OLD Newspapers