Series 2 > Miscellany of the Scottish History Society

214 THE FORBES BARON COURT BOOK
Courts were held by the Baron Bailie, attended and re¬
corded by the Court Clerk; the only other necessary
official was the ground officer. The dempster is always
mentioned in the minutes, but his name is always left
blank ; there was no need to appoint him, for the Bailie
exercised his functions. The birliemen indeed could not
well be dispensed with, but the consent of the tenants to
their appointment was evidently a mere form, so that as a
rule they are described as chosen by the Bailie,1 sometimes
as chosen by the Baron himself.2 The procurator fiscal,
who in theory ought to have prosecuted whenever a fine
was claimed on behalf of the Baron, is never mentioned in
this record ; in cases of assault the complaint usually bears
to be made by the injured party, who is sometimes awarded
a sum of money as compensation, but always a much
smaller sum than that of the Baron’s solatium for the 4 fylin
of his grund vith violent blude.’ 3 It is not surprising to
find that sometimes the assaulted party prefers to make
common cause with the assailant, and deny that the
4 blood ’ was shed at all.4
The record provides a certain amount of information as
to the then state of the country. The phrase 4 taieth and
ewell corn ’ 5 indicates that the system of husbandry in
use was the same as that so clearly described in the Old
Statistical Account of Alford: there is no sign of the dawn
of modern and less wasteful methods.® The frequent
prosecutions for trespass upon the yards, orchards, and
1 P. 237.
2 P- 245-
3 See p. 207, note 3.
* See p. 267. The practice of producing a bloody cloth in court as evidence
that blood had been shed (p. 268) savours of antiquity.
5 See Glossary, Appendix C, below.
* Lime is mentioned twice; no doubt it was used not for the land but for
building purposes (pp. 278, 314).