Series 1 > Court book of the Barony of Urie in Kincardineshire, 1604-1747

XXV
INTRODUCTION
Also, if ye kixowe any that remoueth or pulleth up mere-
stones or stactes betwene lordeship and lordship, or tenant
and tenant, whether it bee fre or bonde, present theyr names.
Also, if any tenaunt giue any lande to the church, that is to
say, into mortmaine, sith the statut therof was made, without
licence of the king and the lord of this lordship, ye shal doe us
to wete.
Also, if any man haue encroched any of the lords soile, that
is to say, lande, medow, moore, pasture, or any vacant grounde
without licence of the lorde, present their names.
Also, if any man holde two tenementes, and waisteth the one
as if he withdraweth anye trees from the one to the other, if ye
knowe any such, present their names by your forsayd othes.
Or els if ye know that any tenant hath made any strope or
wast upon his bonde tenant, strope, that is to say, pulling up
of trees or hedges, wast, is to saye, houses fall downe for
defaut of reperacion, if there be any suche, present their
names.
Also, if ye knowe any tenaunt that kepeth or withdraweth
any euidence that longe to this lordshipes courtes, rolles,
rentalles, customaryes, or any other euidence, ye shall present
their names.
The charge delivered, or in legal phrase, ‘ the Court being
lawfully fenced and affirmed,’ the way was open for the trans¬
action of business. Vassals having suit against their neigh¬
bours were permitted to pursue in person, the superior either
personally or through his chamberlain or other deputy, while
in Courts of full Baronial Jurisdiction a Pi-ocurator-Fiscal was
appointed to prosecute in criminal causes.
It was a peculiarity of the Court that all processes were
introduced not by original writ or precept, but by plaint, a
description of the proposed action being reduced to writing
and presented to the Bailie either previous to the meeting or