Ancient deeds and other writs in the Mackenzie-Wharncliffe charter-chest

MACKENZIE-WHARNCLIFFE DEEDS
Sir Alan. He was proprietor of the estate of Halton, or Hatton,
which, as we have already found, give a title to Lord Halton, the
Duke of Lauderdale's brother. The deeds in favour of Alan de
Lawedyre extend over a long period of years — the earliest being dated
in 1361, and the latest in 1402. He was Constable of Tantallon Castle,
and proprietor of the estates of Hallton, Dallincathe in Ayrshire,
Wormistoun Norton, Piatt Westhall, and Northraw. It is interesting
to observe that a number of these charters and other deeds in favour of
Alan de Lawedyre are granted by Egidia Lindsay, widow of Hugh
of Eglingtoun, and her second husband James Douglas of Dalkeith,
between 1377 and 1379, and that one of the charters was signed at
North Berwick. This James Douglas was not, however, Earl of
Douglas. He was Sir James of Dalkeith, and father of the first
Lord Dalkeith. 1
It may also be mentioned that there are among the Lauderdale
papers, ancient and extremely interesting writs having reference to
the Scrimgeour family, hereditary Constables of Dundee, afterwards
ennobled by the title of Viscount Dudhope. It has already been
pointed out that various Scrimgeour charters are to be found among the
Newtyle papers.
Until the passing of the Act 20 George n. cap. 43, the owners of
baronies in Scotland had extensive judicial powers, which were exercised
by the official known as the ' Baron-Bailie ' ; these powers included
even (where so expressed) the right to inflict capital punishment. The
civil jurisdiction, subject to appeals to the highest courts, was very con-
siderable. The main purposes of these Baron courts were to enforce the
conditions of the tenants' leases, to inflict penalties for breaches of
estate regulations, and to determine questions between the tenants. The
1 James, Earl Douglas, was proprietor of the barony of North Berwick, and Tantallon Castle was
one of his seats. It was not unnatural, therefore, that Alan of Lawedyre, as Constable of Tantallon,
should have a grant of subjects in North Berwick from the Earl. See Red Book of Menteith, vol. i.
p. 152.
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