Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

394 CRIMINAL TRIALS. A.D. 1616.
verfe fat falhappin to be debatabill for Jie tyme, but^ ony declaratioune to be maid in Jie contrar.
And for obferuing, kepiiig, and fulfilling of all and lindie fe piemifles, a]ier of fe faidis pairteis bindis
and obliffls ]>ame faithfullie to vjieiis," in ]ie maill flrait forme and ficker ftile of obligatioune can be
dewifit, but-" fraud or gyle, na remeid nor exceptioune of law quhatl'umeuir to be proponit or allegeit
in pe contrar; renunceand ]>e famin, for fame, fair airis, executouris, and afliguais, for now and evir,
be fir prefentis. And for fe mair fecurite, fai ar content fat fis prefent Contract be infert and
regillrat in f e Bukis of Counfale, and decernit to haue f e llrentli of ane Act and Decreit of f e Lordis
fairof; and fat Letteris and executoriallis to be direct fairvpone, for compelling of afer of fe faidis
pairteis to fulfill fe lamyn, for fair pairteis, to vferis, in forme as efl'eris : And for acting and regif-
trating heirof, Jie faidis parteis makis and conltitutis, be fir prefentis,* \_3Iai/ter Dauid Borthuik']
thair vndowtit and irrevocabill procuratouris, gevand and committand to fame, coniunctle and feuerale,
fair full power, expres bidding, and chairge, to compeir befoir fe Lordis of our fouerane Ladeis Coun-
fale, quhatfumevir dayis and place lauchfull; and fair defyir fis prefent Contract to be regillratt in
f e faidis Bukis of Counfale, and f e faidis Lordis to interpone ]iair auctorite f airto ; promittand^ to
abyd fenne and rtabill, &c. In Witxes of fe quhilk thing, baytli fe faidis pairteis and Curatouris
abouewrittin, for fair intereis, bes fubfcriuit fis prefent Contract with fair handis ; and als Dame
JoNET Betoune,^ fe relict of f e faid vmq'*' Sir Walter, hes, in figne of hir confent to )>e preniilfes,
fubfcriuit f e famin witii hir liand, day, ^eir, and place foirfaides, befoir fir Witneffis, Sir James Dow-
glas of Drumlaiirig, hiiyclit, Joline Stewart of Trocquair, Patrik Murray of Fallorohill,
Murray of Cokpute, and Thomas Sinclair, Writter to f e Previe Seall, with vferis diuerfe.
\_Sic fubfcrihitur'] Walter Ker of Cesfurd. Walter Scot of Bukclewch. Janet
Betoine, Lady of Bukclewch. James." Thomas Scot of Hanyng.
M. Johne Spens, Curatour aboue writtin. Johne Maxvell. J. Bellen-
DENE, as Curatour. Robert Scot of Thirlstane,'' with my hand at fe
' pen, led be Dauid Laute, Notare Publict.'
III. 'Bakt) fiihfcreiiit at Kelso, he the Baroxis, &c. of the Scherefdomes oj
Berwik, &c. 6th April, 1569-
(The Editor belicTes that little apology will be deemed requisite for once more encroaching on the limits of this
work, in his desire to preserve, in this place, the following remarkable document, the original of which is deposited in
the General Register House, Edinbui'gh, The reader will readily perceive, that it is chiefly from an extensive
perusal of such original and authentic I*apers, that he can expect to arrive at a minute knowledge of the internal state
of Scotland during the darkest periods of our History.)
Be it Kend till all men be fir prefent letteres, We the Baronis, landit men, Gentilmen,
Inhabitantis of the Scherefdomes of Berwik, Roxburgh, Selkirk, Peblis, and Proveftis and
Baillies of Burrowis and Townis T\'itliin fe faids boundis, in name of ]>e Inhabitantis of jie famyn,
vnder-l'ubfcriuand, to be bundin and ob]eill,and be fe tennour heirof, bindis and obleillis ws to f e Kingis
Maiestie, cure fouerane lord, and bis dearefl coufing James Erll of Murray, Lord Aberaethie,
Regent to his hienes his realme and lieges, as foUowis : That is to say, iForfamekill as my faid
' Without. * Each other. ^ "Without, * In all deeds where a clause for Registration is inserted,
a blank is left to insert the name of the Procurators. In the present instance, all the parties appeared personally,
with the exception of the Duke, w^ho had granted a procuration to the person whose name is filled up, according to
custom, in the Register. ' Promising. ** This able Lady has been rendered immortal by Sir ^yalter
Scott, in his Lay of the Last Minstrel. She was daughter o^ John Beatoun of Creichj and possessed the hereditary
abilities of her family to such a degi'ee, that the superstition of the vulgar attributed them to magic. After her
husband's murder, she rode at the head of her Clan. ' James Duke of Chastelherault, who uniformly adopted this
princely mode of subscribing his name. ^ Ancestor of Lord Napier ; a better swordsman than an expert clerk.
* It was by no means unusual, at that period, that persons of considerable rank were but indifl"erently skilled in scholar-
craft. All business of importance was of old transacted by churchmen or notaries ; the oflSce of which last waa
frequently performed by priests, who thereby added considerable emoluments to the revenues of their monastery.