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

MACKENZIE-WHARNCLIFFE DEEDS
decrees might be enforced by poinding and corporal punishment. The
author of these notes, although he has been for many years agent for
owners of old baronies, had never seen a court book of a barony until
he found among the estate papers connected with Newtyle a most
interesting volume, containing a record of the proceedings of the barony
court of the baronies of Sir George Mackenzie. It is styled ' Court
Book of the Barroneys of Newtyld, Keillors, Couty, and Bendochie,
begun in Anno 1725.'
The first court was held ' at ye Milne of Newtyld, 15th day of
September ' 1725, ' by Patrick Grant, of Bonhard, bailly yrto.' Mr.
Charles Rattray, of Gelliebanks, produced ' ane letter of Baillieary and
Chamberlainary granted by the Right honourable Anne, Countess of
Bute, in his favours,' which was duly minuted, and the tenants were
decerned to pay rents due by them to Mr. Rattray.
A similar court was held at Couty on the same day, when the
same letter in favour of Mr. Rattray was produced.
At a court held at the Haltown of Newtyld on the 8th November
1725, by Mr. James Howy at Pitcur, who had become ' Bailly,' Patrick
Couper, Writer at Newtyld, was appointed Clerk to the Court ; Thomas
Murray in Kirktown, Procurator Fiscal ; and Andrew M'Kewan in
Kirktown, Ground Officer. The bailly made the following Acts ' for the
good and advantage of the said Barrony, and the better regulating of
the public affairs of the same,' and ordered them to be engrossed ' and
read publicly once or twice a year at the most frequent meetings of the
tenants. '
I. — Act anent Commontys.
Tenants were forbidden to take possession of ' commontys ' — that is,
common lands — under a penalty of £10 Scots.
II. — Act anent Planting and Cutting of Trees and
' Brakeing Inclosures.'
By this Act tenants were forbidden to cut trees or their branches,
or to use any trees given to them • but to the use of their bigings '
(buildings), under the penalty of £10 Scots.
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