History and genealogy of the family of Wauchope of Niddrie-Merschell

19
originating in the quarrel about the lands of Houstoun, for (Jan. 15, 1534-5) we
find Sir Patrick Hepburne of Wauchtoune, knt., and thirty-four others, giving
security to underly the law for "umbesetting " the highway for the slaughter of
Gilbert Wauchope of Nudry-Marschell*
In 1535, (28th April) James V. granted a letter of protection in favour of
Gilbert Wauchope, his spouse, bairns, &c, in the following terms : —
" James, be the grace of God, King of Scottis, to all and sundry our liegis
and subjectis quham it efferis quhais knowlege thir our lettres salcum greting,
vit ye ws to haue takin and be thir our lettres takkis our louitis Gilbert Wauchop
of Nidry Merschel and Jonet Ker his spous, thar bairns, men, tenentis, seruandis,
familiaris, and all and sundry thar landis, rentis, possessiouns, takkis, steddingis,
mahngis, teyndis, houses, bigingis, myris, mossis, coilheuchis, castellis, touris,
fortalices, maner places, store places, granges, lesouris, pasturis, woddis, lowis,
houses, and buildings, and sundry pertinents thereof, which a noble man, Patrick Hepburn of Wauchton,
a knight of the said diocese, some time possessed within the foresaid barony, constabulary of Haddington
and Sheriffdom of Edinburgh, lawfully pertaining to the said Monastery, from which the foresaid Abbot
and Convent formerly redeemed four merks Scots yearly to the said Gilbert and his heirs and assignees
to be holden and possessed by them in feu-farm for ever, by all the rights, meiths, &c, under the yearly
duty or rent of eight merks Scots money, and twelve capons, in augmentation of the rental or annual rent
of the said Monastery, in addition to the sum of four merks Scots, with the twelve capons foresaid,
making together one pound and ten shillings sterling, or thereabout, to be paid and rendered to Robert,
for the time being Abbot, and to the Convent foresaid, by the said Gilbert, his heirs and assignees foresaid,
at two accustomed terms of the year, Whitsunday and Martinmas, by equal portions, together with the
foresaid twelve capons, at Christmas, and services in the three head Courts, within the burgh of Canongate,
and Courts of Justiciary and Chamberlainry of the said Abbot and Convent, when it shall happen them
to be held ; as also with other services used and wont, entirely in name of leu-farm, and the respective
heirs of the said Gilbert, doubling the rent or duty foresaid the first year of the entry of every one of
them to the foresaid lands, in augmentation of the rental, and perhaps under certain other agreements
laws, conditions, declarations, and limitations, in like cases used to be added, then perhaps expressed, as
in a public instrument following thereupon is said to be more fully contained ; and that Gilbert himself,
by virtue of the gift, grant, or let, to feu-farm or perpetual tack, perhaps had attained possession or stood
vested in the lands and pertinents foresaid — Wherefore it being humbly supplicated on the part of the
said Gilbert (asserting that the gift, grant, and let to feu or perpetual tack, was granted for the evident
utility of the said Monastery) that the Pope would vouchsafe, from his usual goodness, to order the
strength of a fit confirmation to be applied to the foresaid gift, grant, and let to feu-farm , or perpetual
taek, for the greater validity thereof, and otherwise to appoint suitably in the premises. The Pope
therefore having no certain knowledge in the premises, and of the true situations, boundaries, denomi-
nations, qualities, quantities, and true annual worth of the lands and pertinents foresaid, and tenors of
the instrument or deed thereof and others, and being favourable to the petition, he thereby charges the
foresaid provosts of Dunglas, Seton, and Dalkeith, to inform them concerning the gift, grant, and let to
feu or perpetual tack, and others in the premises done as aforesaid, by examining the foresaid Abbot and
Convent, and others who should be summoned, and if by a diligent information it should appear to them
that the foresaid feu was granted for the benefit of the Monastery, to approve and confirm the same by
the Pope's authority, and to decern the same to stand valid and effectual, and be followed with effect,
and inviolably observed by all judges, by whatsoever authority acting.
* Pitcairn'8 Criminal Trials.