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

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fischingis, corne, cattel, orchardis, yardis, mouable and vnmouable, with in our
realme, or outwith, vnder oirr special protectioun, manteinance, supplie, defence,
and safgard, Quharfor we charge straitlie and commandis all and sundrie our
liegis and subjectis forsaidis, that nane of you tak apoun hand to do the said
Gilbert Wauchop and Jonet Ker, his spous, thar bairns, men, tenentis, familiaris,
seruandis, or to thar landis, rentis, possessiouns, takkis, steiddingis, malingis,
houses, biggingis, castelhs, touris, fortalices, maner places, store places, grangis,
woddis, lowis, fischingis, corne, cattel, dikis, yardis, or orchardis, fermoraris,
factoris, procuratouris, and intromettouris, and to all and sundry otheris thar
guidis, mouable and vnmouable forsaidis, any violence, ewil, molestaciounis, dis-
turbance, injurie, harme, or greif, in ony wis, other wayis than the cours of comone
law will, vnder all the hiiast, pane, charge, and offence, that ye and ilk ane may
committ and incur aganis our maiestie in that pairt, thir our lettres of speciall
protectioun, manteinance, supplie, defence, and saufgard, for all the dais of the
said Gilbert and his spousis liftymes to indure. Gevin onder our priuie sele at
our burgh of Jedburgh, the xxviij day of Aprile, the yeir of God, j m v c and
thretty five yeris, and of our regnie the xxii yeir." This document has two exe-
cutions on the back of it, bearing that it was proclaimed at the Market Cross of
Edinburgh ; and also at the Market Cross of Haddington.*
The acquisition of the lands of Quhitinche seems to have given Niddrie
some trouble. In 1539 (21st March) he had to issue a summons of eviction
"against Sir Patrick [Hepburn of] Wauchtoun and his tenants, occupiers of
the lands of Quhitinche ;" and Paul III. had again (3d May 1539) to put forth
another mandate, of which the following is the tenor. It is directed to a
venerable father, the Dean of the Church of Restalrig, within the diocese of St
Andrews, mentioning that a beloved son, a noble man, Gilbert Wauchope, lord
in temporals of the place of Niddriffmarschell, within the diocese of St Andrews,
had represented to the Pope that some sons of iniquity, whom he was altogether
ignorant of, had wickedly brought many and heavy losses upon the said Gilbert
Wauchope, by concealing the boundaries and limits or marches of the field or
piece of land or place called Quhitinche, feued to him by the Abbot and Con-
vent of the Monastery of the Holy Cross, of the order of St Augustin, and by
taking care that the same cannot be seen by the said Gilbert Wauchope, and by
retaining some part of the said field or place or piece of land, and rights, liberties,
rents, and profits thereof, unlawfully seized by them, and to the doing thereof have
* Niddrie Charter Cheat.