SECTION III.--LAW AND ORDER, POLITICS, REVENUE.

In note to No. 13 we had had a Ross-shire case going to the Sheriff at Inverness in 1556. The separation of Ross came not long before the new century.

No. 196, 1601.-Portion of a charter]

granted by William Ross of Priesthill to Donald Ross his son and Agnes Innes his spouse for fulfilling of a matrimoniall contract. . . towns of Wester Pollo and Balintraid in the newly erected county of Ross. [In the opening of No. 47 we have seen George Dunbar, persone of Kilmuir and Commissar of Ross," dealing with teinds in 1596, under bishop's jurisdiction, as also seen in

No. 197, 1610.-Opening of vellum-bound narrow folio book of minutes of Court.] Ane consistoriall court halden within the Chanorie of Ross and consistoriall place yrof the xxvii day of July 1610 be James Dunbar of Newtoun Commissar of Koss. Comperit Alexr. Nicolsone Commissar clerk of Ross be vertew of his commissione giffin to him be ye reverend fayr. in God David bischope of Ross. . during all ye days of his lyfe-tyme wt. power to depute clerks. of dait 1609. his depute Jon Nicolsone his sone . . [The book goes on to February, 1616. In 1611 there were several depute commissars, and after 1611 Alexr. Mackenzie. In separate papers many wills have confirmation, like this of 1678, beginning: "Wee Maister George Paterson of Seafield and Alexr. Grahame of Drynie Commisrs. of Ross speciallie constitute for confirmatione of testaments." Many Sheriff Court summonses, decreits, etc., begin like this in 1674: "Kenneth Earle of Seaforth Lord Mackenzie of Kintaill Shreff prnll. of the Shreffdome of Ross," etc. A petition of 1670 begins: "Unto the Right Honorable the Shreff of the Shreffdom of Cromertie and his deput," where we have both a depute of a sheriff and the separate sheriffdom of Cromarty. Principal and depute are joined also in a remarkable petition to the Lords of Council in 1674 from the above Seaforth and Roderick Mackenzie of Findon, reciting that "there are a great number of actiones qlk actiones and causes we can no wayes sitt, judge nor cognosce be reason of the present vaccans [vacations] feriot [close time] and losse tyme. . crave that wt. yor special licence we may hold courts ane or mae as often as need beis . . . wholl tyme of this vaccans it will please yor lops. may be valid and effective." Notable as an instance of officials petitioning against having too many holidays. In the same connection is

No. 198.-Letter, N.D., but addressed] ffor his honered Loving Cousing Mr Rorie McKenzie of ffindon-These. [therefore date between 1672 and 1692, while he was sheriffdepute] Honered Cousing These wt. my bespects Sir I hope yt. ye sall cause give this poore man my servant peayment of Dunckan Mackeaine Vaiene who is now your prisoner for he is resting him thrie ells linning. . as yet unpayed and I know sall be except ye sall healpe him . . I hope yt. that fellwe I ame ingaight for meay be releist and I oblight me yt. he sall in tymes to cume be fund as leall as any in the counttrie so in hopes yt. ye poore man sall geat satifactione in his ouene of Dunck, I rest &c The Mackenzie. [The letter is holograph, writing small and neat. He writes as chief to the Sheriff, who is of his clan, and since Kenneth More, 3rd Earl and Sheriff Principal, above mentioned, died in 1678, this letter is in all probability by Kenneth Oig, 4th Earl. For another letter about a pending casethe only breach of promise case-see No. 933. Principal and Depute appear in another correspondence: No. 199, 1699.-Letter, holograph, addressed] ffor the much respected Wm. Ross of Easter Fearn shireff deput of Ross. 18 Dec. 99. Much respected Cousing-Ther is a most just action of meales and dueties pursued befor you by my Cousing Dachmaluach agst. Seafort's tennents for his releist of ane ingaidgement for paytt. qrof he is forced to sell pairt of his lands and is lyk to sell more it is ane verie expensive pursuit in respect of distance of the tennents besyds the power of the deffr. [defender] Therfor I intreat ye give him speedie justice and admit not of dilators to postpone :0 just a releist. I know your prinll. [principle] of justice will induce you to this not the less that it is recommended to you by.. yor. affectionat cheiff and freind David Ross off Balnagowne. P.S. I intreat you hold court according to the dyet of his citatione pro re nata-Vale. [David Ross also writes as chief of the clan to influence the Sheriff. Later, as Sheriff Principal, he issues this:

No. 200, 1702.-] I David Ross of Balnagown shreff prinll, of Ross hereby discharge and prohibite my depute to sustaine process before him at the instance of Bracklach, broyr. to Applecros or any oyr. factor to the Countess of Seafort for recovery of any part of payment made be any tenent decerned be my decreit. . at the instence of Mr Alexr. McKenzie yor. of Davachmaluak qrupon they were stressed with horning and caption seeing Law forbids double poinding and should my depute for whom I am anserable decern the same persons to pay to anoyr. creditor whom I decerned to pay Davachmaluak it were great injustice for which the depute and his prinll. would be punishable And the oyr. creditor might suspend And now after payment they ought to insist on a reduction of my former decreit and obtain a new sentence before the Lords or the tenents who

are decerned and make payt. can be pursued. Let this warrand be obeyed by my depute and my clerk upon yr. peril... And discharges all the saids defrs. to compeir except Davachmaluak to present this warrand and to protest yron-by these att Balnagown . . . [In 1696 there is an assignation to the above Davachmaluak by his father, of Fairburn, Auchnasheen, Alladale, and Ledgown, and in 1701 there is a wadset and sasine to Kenneth Mackenzie in Achintie and his spouse Florence, of the "lands of Avachnasheen comonlie called Leanoch in the parish of Contane and lands of Attadill commonly called Culdrein." Another case of writing to influence a sheriff is in

No. 201, 1663.-Very neat little note, addressed] Theis ar for the goodman of Knokbane schirref depute at Fortrois. Sir This puir voeman schawes me that schee is summonit agane befor zor court gif it be anent that pley that vas betwixt hir and hir nightbours formerlie hard of in zor. court I hald it my deutie to gif you the true information yrof qlk vas eftir this maner this voeman haffing spoken some vourdes qlk did riflect upon hir nightbours honestie, he his mother and vyf [wife] fell upon the puir voeman the nixt day and abusit hir pitifullie qlk I did sie wt. my eyes. It was littel shee could doe against thrie and gif shee gaf anie of tham a scratche as I kno not what schee did it being in hir owin defence, is excusabill as I think in law sua to zor juditios consideratione I take leive and am zor affectionat freind at command. R. Leslie, Ethie 20 Novr. [In 1734 Hugh Miller of Over Ethie is summoned to appear at Tain at instance of John Beatty, Fortrose. As to the higher jurisdiction of the Lords of Council and Session there are decrees in Nos. 33 and 34, and order in No. 75. There are forms, 1st, of summons; 2nd, of "horning' for disregard of decree; and, 3rd, caption, for disregard of that.

No. 202, 1668.-Execution of summons.] I. . . officer. summonded. . Mr Jon Dallace Dean of Ross and Jon Ross of Auchnacloich to compear before ye Lords of Counsell bringand wt. them ye band. . to here and sie ye samen reducit. . . . I past to ye mercat cross of Taine head burgh of ye shreffdom of Ross and yrat efter crying of thrie severall oyesses I . . summoned and chargit all parties having entrest in ye actione to compeir and efter saids I left ane just and authentick coppie at ye mercat crosse and at the defenders ther respective dwelling places becaus I could not apprehend them personallie efter knocking six severall knocks at their most patent doors . . . .

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[No. 203, 1669.-] . . I Jas. Anderson messr. at command of ye within written letters of horning. chargit Andrew Munro and Jas. Corbat personallie apprehendit and Master John Gordon minister of Kilteirn Andrew Macculloch of Glastullich and Jas. Fraser of Pitcolian by leaving coppies

in ye lock holes of ye most patent dores.. to mak payment to ye said complener . . . . And becaus [same names] hes most contemptouslie disobeyed I past to ye mercat cross of Dingwall one of ye head burghs .. and thereat efter thrie severall oyesses I denuncit [same names] . . his majesty's rebells and put them to his hynes horne be thrie blasts of ane horne... all their moveable guids and geir to be escheat and inbrought for his majesty's use [Such escheat could be granted or assigned to another person, who could grant discharge on sufficient payment, as in No. 81. Failing payment, he could get a warrant of arrest, or caption, as in

B. No. 204, 1605.--Letter of Commission, signed "James R.," and reciting that in 1603]. . . Johne Vaus of Lochslyne wes orderlie denuncit rebell and put to our horne . . . at the instance of David Ross appeirand of Balnagowine for not paying to him as donator to the gift of his eschate. all his escheitit guidis and geir or the availl yrof. . . said Johne . . . takand na regaird . . . . frequentis.. publicklie . . in all pairtis of of oure realme. Quhairfor we givis and grantis . . commissioun. . Sheriffis of Edr., Fyffe, Forfar, Kincardin, Abdn., Elgin, Inverness the provosts and bailies of Edr., Bruntyland, Kinghorne, Perth, Dundee, Coupar, Abdn., Elgin, Banff, Inverness, Tayne, and Wm. Ross appearand of Invercharron to convocat our

leigeis in armes search seik and tak.. Johne Vaus . our rebell and . . hald. . him in. . captivitie [&c., reciting that if he resists he may be slain, and that any assisting or hiding him are rebels. Yet not only did the ceremony of "denuncing rebell" with its picturesque "three several oyesses and blasts of ane horn" sometimes fail to overawe, as in above and in No. 75, but even the pains of "caption were sometimes defied:

No. 205, 1731.-Complaint] Unto. . the sheriff. . of Sutherland, Alexr. Sutherland messenger at arms That being employed to execute letters of caption at the instance of Hugh Sutherland sometime chirurgeon appothecary in Dornoch now in . . Kirkwall . . against Andrew Macculloch late baillie now thesaurer of Dornoch for payment of three pounds sterling . . . . with foresaid letters . . in my hand and blazon displayed on my breast I addrest . . . . and after touching him with my wand of peace [for this, see also No. 522] told him he was my prisoner . . notwithstanding whereof and in open contempt . . Andrew Macculloch having a ponderous Iron Key . . . of the Tolbooth. . . of Dornoch... bid me go and kiss the King.. and wipe. with the Caption and with.. key struck me over the head and face... assisted by John Mackay by the hair of my head forced me to the ground. . and kicking me. Having the blood washit off. . . . I went with a reasonable concurrence [force] to the house of the said Andrew.

-see No.

was mett in the entry by him and he at the same time unsheathed ( ) [Paper torn off, and story ends, like a penny number, at the exciting point. If the bellicose bailie, in spite of the claymore, or dirk, he unsheathed, was locked up with the key that he put to so strange a use, he would have to remain "at his own charges 75-unless he got something out of the rogue money-see No. 133. Beside all the preceding, was the heritable jurisdiction of the landowners. In No. 14 we have seen a hereditary bailie even in Tain in 1566. Usually the landowner commissioned a bailie; ladies necessarily did so.

No. 206, 1640.-Commission by the widow of John, Master of Berriedale, son of Lord Berriedale, son of George, 4th Earl of Caithness. She was a daughter of Colin, 1st Earl of Seaforth.] Be it kend till all men be thir pnts. Me Dame Jean Mackenzie relict of Johne Maister of Berriedaill and Lyferentrix. . . to have maid constitute . . . my belovit cousing germane Rorie McKenzie of Reidcastle my verrie lawfull undouttit and irrevocable Bailzie of . . . landis lyand within ye parochs of Week, Wattin and Bower. with special and full power. court or

courts upon ye ground of my saids landis to sett . . . hald and continow als oft as neid beis, clerkis serjendis dempsteris and all utheris memberis and officieris to . . create and ordaine and caus be sworne for quhom ye said. . sall be holdin to ansr. Suitis of ye tenentis and occupieris to call

sua oft as they may of reasone absentis to amerciat herezeldis bluidvickis unlawis of court to uptak . . . and if neid beis to poynd and distrenzie all actiones to heir and decyde.. dayes and places to pairties complenand to . . sett. To sett and rais my . . landis output and input tenentis. . . receave the maillis, fermes. . dewties . . . and generallie all and sindrie . in ye said office of bealyierie the said Rorie to be. holdin and astrictat to mak just count reckoning and payment to me. . . . [Then as to the actual practice:

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No. 207, 1672.-Minutes.] Att ane barrone Court holden att Inverbreakie. . be John Ross burgess of Tayne baillie to Walter Innes of Inverbreakie . . . compeired not. . decerned and amerciat · [several tenants were] decerned for firlots of bear [rent of arable land] grassings [rent of pasture. Others were] decerned to mak payment of.. for multur [dues for grinding at the Laird's mill, a fertile subject of evasion and dispute-see No. 419] . . Donald Finlay in Inverbreakie was fyned for comiting a bloodvick on Angus Miller yr., he confessing the same fyned in ten pounds Scots.. [Various tenants] ordained to pay pecks of bear in which they were addebted . . . . Miller. . ordainit to pay the craftsman for making of miln graith. . The bailzie ordainit all ye tenentis within ye bounds of Inver