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

MACKENZIE- WHARNCLIFFE DEEDS
allowed to do such acts unchallenged, he craved to be allowed to prove
these facts ; no further action seems to have been taken against this
man.
At a court held on the 29th November 1754 James Wright of
Lawtown appeared and produced a commission of bailliary of the barony
of Newtyle and others, granted by the Honourable James Stewart Mac-
kenzie of Rosehaugh, which was duly recorded in the court book.
Patrick Ogilvie, Writer, Potento, was continued as clerk of court,
George Small as fiscal, and David Gilbert as officer. On the same occa-
sion the new bailie re-enacted the estate regulations, twelve in number.
It is scarcely necessary to refer to these regulations, as they bear
generally close resemblance to those already narrated.
At a court held at the miln of Newtyle in December 1756 the
tenants were complained against ' for not furnishing their several pro-
portions of thatch to the Schoolhouse.' The bailie ordained them to
supply their respective portions of thatch under the pain of summary
poinding.
The baron court seems to have exercised jurisdiction in matters of
considerable moment and difficulty. For example, at a court in June
1770, decree was given against a tenant for £80, 18s. lOd. sterling money,
and his bestial and whole effects on his farm were sequestrated.
In a barony court held at Coupar-Angus 18th December 1770 it
was enacted that, in respect that the tenants had persistently taken too
much marie from the marie pits at Monkmyre in defiance of regula-
tions, no marie should be taken in future without the Lord Privy Seal's
personal licence. It had apparently been the practice to take four suc-
cessive crops of grain after marling. The Act made provision also for
the sowing of pease, and afterwards of grass seeds. On the same day it
was enacted that if the tenants did not ' poind ' trespassing cattle and
exact the penalty, the Lord Privy Seal would do so. It was also
enacted that every tenant should make ' headridges ' adjoining roads, as
it had been their practice to plough up to the edge of the road, and
thereby the roads were much damaged. At a subsequent court held at
Newtyle similar regulations were made as to marling, trespassing cattle,
and headridges.
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