New Spalding Club > Records of Invercauld MDXLVII - MDCCCXXVIII [1547- 1828]

86 RECORDS OF INVERCAULD.
give sufficient title to sell the lands of Melgum, or such portion of them
as he laid claim to. Ker, who seems to have held his possession under
Elphinstone, had granted a bond for 4000 merks Scots to Thomas
Cushnie, merchant in Aberdeen, who accepts Harry Elphinstone instead
of Alexr. Ker. The document is signed by Alexr. Ker, and attested by
" Alx. Thomsone, Notar," who, in the body of the paper, is also styled
" Advocat in Aberdeen," and by Robt. Cook, both of whom arc often
witnesses to legal papers both before and after this date.
In illustration of the sale of bonds, and assumption of obligations,
there may be noticed, among many others of a like nature, a long
document headed : —
" Extract Discharge — Andrew Miller, with consent within, &c..
To Harie Elphinstone and Thomas Cushnie,"
which sets forth that,
" Att Aberdeen, the 20th day of Deer., 1693, In Presence of
Mr. James Scougall and Robert Paten, Comissres of Abd., compeared
Alexander Eraser, pro. for the after designed, Andrew Miller, with con-
sent underwritten, and gave in the discharge after mentioned, desyring
the samen to be inspect and registrat ; &c. Be IT KNOWN to all men
by these presents, ME, Andrew Miller, Skipper, Burges of Abd., present
box-master of the box of the fraternity of the Skippers of the sd. burgh,
with special advyse &c. ; Forso Meikle as Harie Elphinstone of
Melgum, lait Collector of Customes at Abd., as principal, and Thomas
Cushnie, Merchant, Burges of Abd., as caut., and full debtor, for and with,
&c."
In short, Andrew Miller offers to take over two bonds, one for ;^8oo
and another for 400 merks, granted by Harie Elphinstone over the
property of Melgum, with Thomas Cushnie as cautioner, to the fraternity
of Skippers for value received. From Mr. Miller the bonds passed into
the hands of Invercauld, who was then negotiating for the purchase of
the property.
The following document, which is the opinion of Counsel on the
complicated position in which the purchase of extensive estates in
Cromar had involved the Invercauld Family, is historically important as
showing the depressed circumstances in which the lairds of those days
were placed, and the sad shifts for relief to which they had often to
resort. The old lairds, Forbeses, Elphinstones, and Kerrs, had bonded