Letters and papers of the Anderson & Gilmour Families

Contributed by Bruce P. Shields bshields@pwshift.com 

Letters and papers of the Anderson & Gilmour Family preserved in the family of Mark Rodgers, West Glover, Vermont

A Foreword to the language & contents of the papers

The accompanying documents represent two different kinds of family archive. The first are probably a file of the documents provided to one party in a very complex law suit in which David Brunton, who was brother in law to David Gilmour, attempted to defend his ownership of a parcel of land in Mauchline, Ayrshire. Mauchline was as the time a tiny village known mainly for a somewhat raucous autumn fair. these documents represent various threats issued by a creditor against the family which had formerly owned the house and land. The creditor, a Henry Richmond, had lent money against the land, using the land as collateral. When the loan was not repaid, he moved to take title to the property. The situation was complicated in that a major share in the property had been transferred to a child, who died intestate leaving a minor daughter. The hints in the papers suggest that one group of heirs was suing the other heirs even while Richmond attempted to take possession of the property. Richmond used a variety of expedients to expel the former owners, whom he now considered tenants who refused to pay arrears on the rent. 

The period of these papers spans a time from the 1730's to the 1770's. They show the complainants appearing in court in Auchinleck before Alexander Boswell, and in the Barony Court of Lord Loudoun. Alexander Boswell was a Lord Justice of Scotland, roughly comparable to a U.S. supreme court justice, and father to James Boswell the biographer of Samuel Johnson. The Loudoun estates were the origination of the majority of the Scots settlers of the East Hill/ Andersonville section of Glover, Greensboro, and Craftsbury.

The language of these legal documents is extremely difficult. The handwriting is a cursive "chancery" hand, making use in at least two cases of frequent abbreviations. To compound the difficulty, some Scots words are used, and some terms from Law Latin and Law French. Many of the Scots words are used in very rare specialized sense. I do not have access to Prof. A. J. Aitkin's Dictionary of the Older Scottish Tongue, nor to the "Manual d'Abbreviazione" which may have allowed some of these terms to be accurately represented. I believe that the expansion or transcription which I have provided represents the concept developed in the text, even if I may have missed a significant use of a rare term.

Just a word on the Scots language used in the legal papers: Scots grammar differs somewhat from our modern standard English - the most obvious point being use of an "s" ending on a verb to agree with the singular personal pronoun, e.g. "I finds... ." There are many lexical differences. For instance, the legal papers use "alanarly" [=English 'all only] where we expect "exclusively"; "anent" for "pertaining to"; "stent" for a particularly assessed property tax. Where English uses the particles "a," "an," or the numeral "one," Scots uses "ane." These elements, which connect Scots with Scandinavian languages, fell into disuse gradually after the Act of Union. I have not attempted to footnote the language.

The other group of documents connects to the Garvin Anderson family, preserved by Garvin's daughter Isabelle, who married into the Wylie family. This connection brought these papers into the Rodgers family. Two letters are preserved from George and Mary Borland to Mary's parents, James and Isabelle Anderson. Other letters were written from Scotland to the elder Andersons, and there are miscellaneous papers related to Anderson business dealings in America. This small collection of letters is valuable for background on the Anderson emigration.

ANNOTATED TABLE OF CONTENTS

1. Indenture of Apprenticeship between David Brunton of Mauchline and Mungo Miller, a Shoemaker. Dated 1735. The oldest document in this collection, first appearance of David Brunton who is the subject of many subsequent documents. At this time, he is 15 years of age and not able to sign his name. This document illustrates social conditions and customs of 18th Century Scotland, 2 decades after the Act of Union. 

2.Discharge dated 1743. Disclaimer by William Adam, named in #1 above, that named persons owe him no money. Henry Richmond is a witness, and other persons named are cited by Henry Richmond against the Bruntons, this appears to be an early case of Richmond's machinations against the Brunton/Gilmore group. 

3. Discharge dated 1755. Henry Richmond and another party here pay interest on a loan of 1100 Merks extended originally to John Lindsay & deceased son William. Since the Lindsays figure in later Richmond filings, but have no representative at this payment of a loan they owe, this appears to be another Richmond move against them.

4. Petition of David Brunton, 1751. To the justices for County Ayr, requiring payment by those persons who bought goods at the roup [=auction] of Margaret Lambie Brunton, deceased mother of David Brunton of Mauchline, mother-in-law of David Gilmore. She died 17 March, 1751. Requests Alexander Boswell of Auchenleck to enforce the terms of this sale.

5. Expense Account Estate of Margaret Lambie Brunton. Notice to probate court of those expenses to be deducted from her estate.

6. Charge against David Brunton 1762. Three documents related to Richmond's suit against the Brunton/Gilmore interests. a) Legal notice requiring Brunton to pay his assessment to support the church at Sorn (village between Mauchline & Galston). Drafted at request of the minister at Sorn. This may be either part of Richmond's harrassment of Brunton, or part of Brunton's evidence of effective ownership of the property in question. b) Sheriff's warrant sworn out by Henry Richmond in 1764 requiring payment of all rents in arrears. The issue, as appears in item #7, is whether Richmond is legally owed the sum claimed. c) Printed receipt for the "cess," a form of property tax. Since the payment of this tax appears in Richmond's complaint, this receipt probably bolstered the Brunton defense against Richmond's case.

7. Memo for Agnes Paterson 1762. Chronological list of all documents and motions relating to a parcel of land in dispute between David Brunton and Henry Richmond. Agnes is the key to this dispute: her daughter Ann is married to David Brunton, her sister Elizabeth is married to John Lindsay. The Lindsays had a son William, now decease, whose daughter is a claimant to a parcel of land in Mauchline. David Gilmour (not named in this document) is married to David Brunton's sister, and apparently inherited both these papers and the lawsuit when every other claimant predeceased him.

8. Richmond against Brunton 1765. Warrant for removal, possibly the last step before a notice of eviction. Apparently unsuccessful - see #9 below.

9. Warning of Horning 1765 Quaint sounding ancient custom, not feasible in modern America because privacy laws protect debtors. Despite the pressure one imagines this would apply to settle, it is not the end of Richmond's moves against Brunton.

10. Summary of Suit, prepared for Ann Lindsay 1771. David Brunton is now dead. This abstract of the suit was prepared for the survivors, who appear also to be suing each other. This demonstrates that the lawyers' advice in #7, to have all the claimants on the Brunton side sell their interest to a "straw" owner who could consolidate all the fragmentary claims and negotiate a settlement, was never taken. The last of these documents, we do not know how the suit was settled, or whether, like the case in Dickens's Bleak House, it was dropped by default when every person relevant to the litigation had died.

11. House Estimate 1780. Contractor's estimate, with description of the construction, of building a house in Mauchline for James Anderson of Rieland. While the name "Ryland" is given to many steadings in Scotland, the fact that the contractor here is from Strathaven suggests the little village in Avondale not far from Loudoun Hill. From this place, some 75 years later, Robert Young emigrated to the Craftsbury area. This document appears also to establish that the James Anderson who emigrated to Glover, VT had an ancestor named James Anderson. A modernization of the language in the contract follows. The house detailed is a very conventional example of the socalled "Weaver's Cottage."

12. Receipt for James Anderson, Feb 19, 1810. Account with John Broun, Mauchline. This is a precious snapshot of the tab run by an ordinary person with a local merchant. It also demonstrates that the James Anderson who had a house built in Mauchline 1780 was still living there 30 years later. The James Anderson who married Isabelle Donald and emigrated to the USA was born in 1777 could not have built the house in 1780; it is also not likely that a 23 year old man would be allowed to carry such a tab as this with a neighbor merchant. We do not have dates for James Anderson (Jr) to occupy Mossend, nor do we know if there was a specific reason to save this slip of paper.

13. Letter: George & Mary Borland to James Anderson, Sr. 1843. Personal letter containing many names, places, and personal details of life on Mossend Farm. This letter also suggests that while the elder Andersons had contemplated emigrating for some time, the exact moment of their departure may not have been well planned.

14. Letter: George or Mary Borland to James Anderson, Sr. 1849. Personal letter, written at least in part by Mary, containing much neighborhood news. It states that the elder Borlands are frail, and a bitter complaint by Mary that once her brothers reached America, they have distanced themselves from her life permanently.

15. Letter: James Anderson <Skellyhill> 1844. To his parents, addressed as James Anderson <Mossend>, in America. Begins with detailed account of the sale and transfer of parental property left behind in Scotland, and how some disputes were to be resolved. This casts interesting light on the "prodigious caution" of William Anderson in getting signed receipts for repayment of a £3 debt before he departed for America, as recounted in Shields family letters of the time. Other neighborhood news, and personal messages to various other family.

16. Letter: James Anderson <Skellyhill> 1849. To his parents, addressed as James Anderson <Mossend>, in America. Written by wife in part, has news of Glen & Loudoun Hill neighborhoods. Mentions George Anderson's carreer, and details of ordination of Thomas Young, perhaps also a relative. Physical descriptions of children.

17. Letter: John MacKenzie 1851 to James Anderson, Sr. at West Glover, VT. From an old family friend living south of Kilmarnock, with much neighborhood news of Mauchline area. Describes his son John's lumber rafting in Ontario & Quebec, and recounts from James's letter how the Anderson men tried to meet John at a tavern along the coach route from Burlington, VT, to Quebec City.

18. Affadavits and Receipts. Three in number.

a) Bliss Affadavit ~1850. Addressed to Mr. Boardman, states that Deacon Bliss wrote for an uncle of James, jr. [possibly Garvin], a note for sugar equipment in 1843, providing for 2 equal annual payments, first in maple sugar, second in cash. Agreement had been made for no interest, but Bliss altered the notes at a later date by inserting the words "interest." The victim chose not to publicize this episode until after Bliss's wife had died.

b) Bill of sale: for sap equipment 1872. Not apparently related to a); Enock Rowell is one of the parties to the sale. Of interest for prices.

c) H. M'Lellan [or H.M. Lellan] receipt, probably from Scotland, 1846. Subject of the tally and reckoning not clear, probably cloth.

19. Receipt to Garvin Anderson 1857. Copy of filing with Probate Court in Vermont of expenses incurred as administrator of James Anderson estate.

20. Garvin Anderson Note 1873. Two items related to a parcel of land. First, note of hand from James Ryan indexing a mortgage by Dyan Bill, Second receipts and annotations on payments Ryan made and final extinction of the Dyan Bill mortgage. [Note: Garvin's name in Scotland was Gavin: he apparently accepted the intrusive 'R' to preserve the sound of his name among the Yankees.]

 Apprenticeship

[Indenture on half sheet, 8" x 13", stamped "Tenn Pence Quire" and having Royal revenue stamp 6 pence embossed. Watermark: St. George palisaded.]

At Machline, the Eight day of December One Thousand Seven Hundred* and threty five years. It is appoynted agreed and finally endorsed betwixt Mungo Miller shoemaker in Machline upon the one parte, and David David Brunton son to the undersigned David Brunton masoun in Machline upon the other parte, in manner following, that is to say, the said Mungo Miller has accepted and hereby accepts of the said David Brunton as his apprentice. 

And hereby binds and obliges him to teach and instruct the said David Brunton in his haill airt and trade of shoemakeing and corduinarie faithfully and honestly as use is in the lyke cases. And that he shall conceal no parts nor practique of his said trade and airt from from his said apprentice during the haill space tyme and number of years underwritten. And to furnish him in all tools and materials for workeing except auls and knives which the said David Brunton is to furnish upon his own proper charges. And to furnish his said apprentice in bed and board during his apprenticeship and washing of lineings after the said Mungo Miller's marryage allonnarly if the samen shall happen during his apprenticeship. And to allow the said David Brunton five weeks each Harvest to himselfe; as also each Saturday's afternoon to worke for his own use and behoof during his apprenticeship, and to give his said apprentice two pair of shoes to himself sometyme during the three years service for which he is to pay no pryce.

And the said Mungo Miller as principal and Alan Miller portioner in Machline his Father as covenander for him binde and oblige them covenante and sealle their heirs, Successors and Intro[mi]tters with their goods and giers whatsomever to performe the hail promisses to his said apprentice in the haill heads clauses and articles of the samen; and to warrend thir Indenturs upon their parte att all hands and ag[ains]t all deidly as law will to be good valid and sufficient. 

For the which cause upon the other part, the said David Brunton as principal will consent and accord of John Cumminghame weaver in Machline as takeing burden upon him for the said David Brunton. And the said John Cunninghame for himselfe as Covenantor sueritie and full debitar with and for the said David Brunton, and they both with ane consent and accord hereby bind and oblige them Covenante and Sealle their heirs, Assigns, Successors and Intrometters with their goods and giers whatsomever, the the said David Brunton shall instantly and at the date hereof enter to his service as apprentice to the said Mungo Miller in airt and trade of Corduinarie and shoemakeing and from hence shall serve him as such faithfully honestly constantly and truly for the haill space tyme and number of three years expyring the Eight Day of December One Thousand Seven Hundred and thretty eight years, and that he shall not absent himself from his said masters warke during the said space (except the five weeks in Harvest and the Saturdays afternoons allowed him as above) without liberty asked and given under the pain of haveing his days [extended?] after the expiration of thir indentors for ilke days absense, and that he shall not disobey his said master's lawfull commands nor let his bidding by night or by day during his said Apprenticeship, and that he shall not conceal nor be auditory to anything which may hurt prejudge or endamage his said master any manner of way whatsomever; But shall faithfully 
[[ bottom of first page signed] Allan Miller, John Cunninghame's mark, Mungo Millar, David Brundon's mark]
and tymeously advertise him of the samen, and shall to the outmost of *his power endeavour to prevent the same [* in margin & initialled by John Cunninghame's mark]. 

And further the said David Brunton as principal and the said John Cunnignhame as Covenander foresaid hereby binde and oblige them and their foresaid Covenanders and Sealers to pay to the said Mungo miller his master the just sum of fforty shillings Sterl[ing] money, his heirs, successors or assigns. Allow the ten shillings sterling already payd at makeing thir Indenteirs, And whereof the Said Mongo Miller hereby grants the receipt and discharges the said David Brunton and his said Covenantor of the samen; in name of Apprentice fie at the terms followeing viz. ten shillings sterling thereof at the terme of Candlesmass next to come Seventeen Hundred and thretty six years, and five shilling sterling more thereof at the terme of Martinmass immediatly followeing thereafter, and twenty five shillings sterling thereof as the last moyety and in compleat and full satisfaction of the above sum of fforty shilling sterling at the terme of Martimass, Seventeen Hundred and thretty eight years butt longer delay with ane fifth part more proportionally to the required sums payable at the required terms current of liquid at penalty and expensses in case of failzie of ilke termes grayth together. 

Also with the due and ordinary current of the foresaid principall sum of fforty shillings sterling from and after the required terms of payment underwritten proportionately during the not payd thereof. And ffurther the said David Brunton and his said Covenantor oblige them covenante & sealle to furnish and offer to the said Mungo Miller ane pair of blankets or forty shillings Scotts as the pryce thereof in name of bed cloaths to the said David Brunton to lye in ; As also ane women's apron to be disposed upon by the said Mungo Miller at pleasure. 
Lastly both parties, both principals and covenandors foresaid hereby binde and oblige them and their foresaid successors to performe the haill promisses mutually to others in the haill heads clauses and articles of the samen; And to warrand thir Indenture, under the penalty of Ten Pounds Scots money to be payde by the party faylzie to the partie observer or willing to observe by and attour performeance consenting to the registration hereof in the books of Councill and Session or any othyr inferiour Judges Court books competent that letters of warning upon ane simple charge of six days and all other letters and epistles needful may hereon pass in forme as appears and constitute.

There appears in witness whereof Warrend upon stamped paper conforme to law by Mr. William Mitchell in Machline, both parties both principals and covenanters have suscribit their perusal and considering of this second and the preceeding first page upon the back the same day moneth and year underwritten before these witnesses, William Adam maltman in Machline, James Murdoch shoemaker there, and the said Mr. W'm Mitchell wryter hereof, witness also to the marginal note upon this page:
William Adam,
John Cunninghame (his mark) [a short vertical bar]
Mungo Millar
David Brunton (his mark) [the initials DB]
Wittness: Allan Miller, James Murdock, Will' Mitchell, witnesses.

 
*NOTE: One Thousand Seven Hundred is always abbreviated as "Caphys"

This was extremely difficult to read: it is a flowing court hand with numerous abbreviations. I have not successfully expanded all the abbreviations, but have used what appears to be the sense. I have expanded <Caud/> as Convenanter or Covenander, which seems a sensible word in the space. I take <prin'†l> as being principal; <sd> is surely said, and <yrof> is the traditional abbreviation for thereof. More puzzling is <Can†le & Sc†le>, which appears four times. The S could also be L or H, given the writing of this piece. I have expanded it as "Covenante and Seale," which allows a certain kind of sense in the place, but with no confidence. My hunch is that it is a riming phrase, e.g. "candle and handle," but I have no good source for the exact form. 
A second issue is the use of Scots words, principally "samen," for 'the same'; "airt" for craft; "haill" for whole, "failzie" including the ancient letter yok which I have transcribed as 'z', the word meaning 'defaulting'. In addition, numerous words common to both languages are used in Scots idiom, such as the apron to be "disposed upon" , where standard English would use a different preposition. 
Finally, the whole is in a form of legal language designed both to take up as much space as possible -- writers [i.e. notaries] were paid by the word -- and to lock the agreement in unassailable legal terminology. Thus, many phrases contain a series of synonyms, such as "heirs, assigns, successors and intromitters." The combined effect of Scots words, abbreviations, law words, and unfamiliar handwriting is a very challenging document.

2. CAPTION on outer fold: Discharge. William Adam to Paterson & others 1743

[extremely fragile and separated paper 13" x 16" folded. stamped in upper left corner of front, in crowned orb, "Tenn Pence Quire" Also embossed with 6 pence royal revenue stamp. Paper watermarked with St. George, a long spear, on horse inside a palisade - legend "Pro Patria."

I, William Adam, maltman in Machline, grants me now and formerly to have received from John Lindsay smith in Machline [tear] Agnes Paterson spouses full and Compleat payment of all and any debts and sumes of money, Clames and Demands, indebt and owing to me by the Deceest William Paterson in Townhead of Machline, Agnes Colville his relict. The said Agnes Paterson and John Lindsay by bonds bills Decreets accounts the pryce of malt & beer & by any other manner of way whatsoever for what ever Cause Deed or occasion bygone preceeding the date hereof concerning all objections to the Contrar forever. Wherefore I do by these presents exoner aequell and singless discharge the said Agnes Colville, Agnes Paterson & John Lindsay [and] their heirs and executors and all others, the heirs executors and acquaintance of these and deceased William Paterson and [torn fold 2 inches long] of all and sundrey Debts and sumes of money Claimes demandes indebt and owing by the said Decest William Paterson and his representatives --

I Grant Agnes Colville, Agnes Paterson, and John Lindsay for themselves or as representing the said defunct by bonds bills decrets accounts the pryce of malt and beer or by any other manner of way wherewith I can charge them or any of them for whatever cause or occasion bygone preceding the date hereof, the said wrytes and diligences themselves and all that has or may fall this year forever, and I dispence with [obligation? - badly torn] hereof and admit and declare these persons to be also and [1 1/2 inch tear] to all intents and purposes as if every particular of the promises gone by , and discharged were herein specially insert which discharge and wryte I bond and oblige me, my heirs and executors, to warrant to be good valid and suffisant to the said Agnes Colville, Agnes Paterson & John Lindsay and the foresaid and others aforesaid at all hands and against all deadly as Law wills, Consenting to the registration hereof in the books of Council, Session, or in any other Judges' books competent for preservation and Constituting my goods, &c: 
In witness whereof these presents wryten by Jn'o Hamilton, writer in Machline [torn for 3 inches on fold] the twenty first day of Feberwary, sefbyl and fourty three years these witnesses James Smith, merchant in Machline; Henry Richmond, merchant there, and the said John Hamilton.

James Smith witness
Hendry Richmond witness
Jn'o Hamilton wittness

3.Docket: Discharge Ritchmont and Daloun to Lindsay and Ritchmont 20 Feb'y 1755
[Quarter sheet 6 1/2 x 7 1/2]

Machline February the twentieth onethousand seven hundred and fifty five, received from John Lindsay and Hendry Ritchmont ful and compleat payment of the interst of a bond of eleven hundred merks due upon the lands of tounhead of Machline by John Lindsay and the deceased W[illia]m Lindsay his son from Martinmas one thousand seven hundred and forty seven to Candlemas one thousand sevenhundred and fifty five, and al annual rents preceding and al former receipts included as witnes our hands day and date forsaid before these witnesses David Samson Dyer on hough, and Mungo Millar Shoemaker in Machline.
[signed] James Richmont, John Daton [nearly illegible], Mungo Millar witnes, David Samson witness.

4. Petition of David Brunton 1751 - Headline of Docket identifier.  Single sheet, watermarked, 7” x 12”  

4th May 1751  Unto Mungo Campbell of Netherplace, one of his Majesty’s Justices of the peace for the Shire of Air:   The Petition and Complaint of David Brunton shoemaker in Machline, and David Gilmore in Sandfoord in the paroch of St. Gibbocks with Concurrance of Robert Wear, wright in Machline as baillie to the roup after mentioned. 

That upon the seventeenth day of March last, Margaret Lambie, mother of your petitioner, David Brunton, and Mother in Law to the other petitioner, David Gilmore, Died possest of some small movable subject in Machline; And your petitioner, being willing that her just and Lawfull Debts should all be paid , did apply to your Honour for a Warrand to Roup her effects which you was pleased to Grant upon the 26th Day of the said moneth of March for paying sickbed & funeral Charges.

That accordingly upon the Day following, being the 27th we Called a Roup and in Course thereof John Ronald smith in Machline bought a pair of blankets for which he was to pay three Shillings and three pence Ster[ling] therefore.  As also Janet Brunton Spuse to James Wilson, shoemaker in Machline bought at the said Roup a parcell of Goods Consisting of Blankets, Pouther & baby Cloaths &c. amounting to about twenty shillings Sterling money or share by, as by the Articles of Roup will appear.  All which the said John Ronald & James Wilson Refuses to pay unless they be compelled.

            May it therefore please your Honour to grant warrand to the Constables of this Shire to Summond the said Def[ault]ers to Compear before you and Alex[ande]r Boswell of Auchenlect at the place of Auchenlect this day between the hour of Eleven & two afternoon to answer to the above Complaint and your petitioners shall ever pray, Robert Wear, David Burton, David Gilmor.

[countersigned] Netherplace 4th May, 1751.  Having considered the above petition finds the ground yr[=there]of reasonable and grants warrand as above requested,

M.S. Campbell.

[reverse]  Netherplace 4th May, 1751.  Grants Warrend to Constable to Summand the within Designed John Ronald & Ja’s Wilson to Compear at the place and to the &cet within mentioned.

[in light brown ink]   Upon the 4ourt day of May 1700 and fiftyone years I John Peden, Constable, past at Creavend [?] of the within warrand raised at the instance of the within designed David Burton and and the instance of David Gilmer and at the instance of the within designed Robert Weir and by virtue of lawfuly summoned warned and charged the also within designed James Wilson and Janet Burton spouses and John Ronald smith all in Mauchline, to compear befor said mentioned Justices of the peace of the shire of Ayr at Auchenlik time and place within mentioned in the hearing? of cause to answer at the instance of the within Designed David Burton and David Gilmour - and at the instance of Robert Wear to the within Complaint and made certificate as eppears @ his instance by delivering to each of the within named persons, viz. James Wilson and Janet Burten and John Ronald -- [the following is very hastily written, the ink is faded, and some abbreviations are used] -- are inst[ructed to?] appear of the within Complaint prefixt thereto sub’tt tyme personally apprehended w’t Certif’’ --- John Peden, &&.

5.  Account of Death Bed & funeral charges belonging to the Deceast Margret Lambie 1751. [Docket label]  In faded brown ink, clear hand, on 7” x 12” paper w/ watermark. 

An Accompt of Charges expended upon account of Margret Lambie spouse to David Burton, Meason, in Mauchline, her Deathbed and funeral Charges, Viz:

            received by David Burton her son and James Wilson

Date: 1751           Itemization                                                                                   £     S      d

March       19th     To Robert Weir, for a Coffin, as Wittnes                                             4     00    0

“                             To Robert Wilson, for two gallons ale, as Wittnes                             1     08    0

“                             To Robert Hutcheson, for six pints ale, as wittnes                            0     10    0

“                 17th     To William Gibb, Merchant, Junior in Mauchline, for sundries as

                              Wheat Bread   4 farls [a type of scone]                                          0     08    0

                              oring water, one pint, used at straighting the Corps                          0     16    0

“                 19th     Wheat Bread, 2 dozen & four farls                                                   2     16    0

                              oring water, 1 pint                                                                      0     16    0

                              Aquavita 2 pints 8 gills as Witnes                                                   1     15    0

“                 “           To William Gibb, Senior, Me’t for a mort cloth                                   1     04    0

                              nillen pins and Soap, as Wittnes                                                     0     04    0

“                 “           To Chees 9 1/2 pound at 42d per ston out of  Auchenbrain                1     00   09                                  

“                 “           To William Gibb, Bedal for grave & turf, as witnes                              0     19    0

“                 “           To Robert Gibb for Inviting the poeple, as witnes                               0     06    0

“                 “           To James Lambie for 3 pecks meal, as Wittnes                                  1     08    00

“                 “           To James Blackwood for Linnin 4 1/2 ell, as witnes                             3     02    00

                                         Totals                                                                          £17    13    09    

Item for charges on Sick Bed:

                  To William Gibb Junior for wine and spirits as witness                                    0     18    00

                  To Robert Miller for ale and Brandy as wittnes                                               0     10    06

                  To James Smith one gill of Sack as witnes                                                    0     03    00

                  To Doctor John Thomson as wittnes                                                            0     18    00

                  To James Lambie, one peck of meal as wittnes                                              0     09    06

                  To Janet Morton, for serving, as wittnes                                                      0     03    00

                  To House rent as wittnes                                                                            4     00    00

                                          Totals                                                                           £ 7     02    00

The above Sick bed Charges is what was got while in her own hous                                     _________    

                  Of Sick bed and funerall charges Amounting to                                            £24   15    09

James Wilson refuses to sign the petition and to give up ane separate account of what charges he has been at, before wittnesses.                                                                                             

6.  Docket endorsement: Charge for David Brunton 1762

1/6 of sheet, being 7 1/2” wide by 4” high.  [Possibly a part has been ripped off the top, as the writing begins very near the edge, and there is no caption.]  

Upon the nineteen day of June I George Gibson Constable post by virtue of a decreet obtained at the instance of Mr. James Conial Minister of the Gospell at Sorn before the justices of the peace at the house of auchenleck against David Brunton shoemaker in Mauchline and in manse and outhardy therof contained--

Lawfully Comands warns and Charges you David Bronton to mack payment to the Compter of the Purse of three Shillings and twopence Starling as the price of ane year kepend of the Tounhead land and ane shilling and sixpence Starling of Expences of plea Conformand to said decreet and that within the space of fifteen days next after this my Charge and on the pain of poinding which Copie of Charge I deliver to you ---

Conformed to said Decreet in all parts before these witnesses with Certification - George Gibson.  

[Similar - docket endorsement] Charge for David Brunton 1764

same paper as above, but slightly longer.

Upon the first day of Sept’r Inuzlx [this abbreviates One Thousand Seven Hundred] and sixty four years, I, George Gibson Sheriff open post by vertue of the Sheriff depute of Ayr his decreet Rec[eive]d at the Instance of Hendrey Richmond merchant in Mauchline of date the thertyeth day of Agust Inuzlx [One Thousand Seven Hundred] and sixty four yers against David Bronton Shoemaker in mauchline and in His majiesties name and authority I said Sheriff lawfully command and Charge you the said David Brounton to make payment to the Compliner of the sume of tuo houndred and ninety four pound Scots as the Rent of your poseseoun since the date of your despesesioun dedusing all partshill payments whatsomeever all contained in and conformed to said decreet and that within the space of fifteen days next after this my Charge under the pain of poinding and this I did and mead Certifactioun by delivering to the said David Brountoun ane just Coppee of Charged by me before this Wittness --- George Gibson.  

Printed Receipt about 6” x 2” high, with blanks.  The handwritten words in italic below.  

Ayr 14 Nov’r               One thousand seven hundred and Fifty Eight   years

Received from  James Smith                                                         The Sum

of    One pound and Seventeen Shilling Scots                            as the Cess

payable in June and Septem’r  [abbreviation  resembling ‘passpass’]  for the

Article of   Paterson’s Townhead                            in the Parish of         

Mauchline                 [signed]  Willyam  McDer[mott?  the latter part of name is ornamental]

7. Tattered paper, headlined: Memorial for Agnes Paterson and David Brunton, her son in law.  This apparently is extract from the book of a court of Session. Second sheet with docket notation: Memorial for Agnes Paterson & David Brunton her Son in Law 1762. 

1736 January 1st.                  Elizabeth paterson and the said Agnes, Daughters to the deceast William Paterson in Town Head of Mauchline procure from the Earle of Loudoun a Precept of Clare Constat for infeffing them as Grand Children and nearest heirs portioners of the deceast W’m Paterson in Town head of Mauchline their Grand Father in the Twenty penny land of Old Extent of Mauchline with housis, bigings, yeards adjacent to the same, lying in the villidge and Territorry of Mauchline, between the Lands somtime of John Fisher nevu of Mungo Campbell of Netherplace and the Lands pertaining to the said Earle then possesst by James Hamilton on the South, the tenements and now of the said Mungo Campbell & James Richmond, and the High Street of the town of Mauchline leading to Sorn upon the West and North parts and also upon the East as then posseset by Agnes Colvine Relict of said William Paterson Jr and the said Agnes Paterson & John Lindsay smith in Mauchline her husband lying within the ten pound land of the Mains of Mauchline.

1736 Febry 12.                   Elisabeth and Agnes Paterson are infeft on the said Precept and their Infeffment Registrate at Ayr the thirteenth of that month.  It is informed that Elizabeth Paterson disponed her half of the said Twenty penny Land to said Agnes Paterson & John Lindsay her husband who afterwards conveyed the same to W’m Lindsay their son deceast, who hath a Daughter alive.

1759 Feb’ry 6th                   Agnes Paterson her said husband for Love & favour to their daughter Ann & David Brunton her husband disponed to the said Ann & David Brunton  [hole] Interest their heirs &c the said Agnes Paterson her just and equall half of the said Twenty penny Land in Mauchline --.

            The said Agnes Paterson & David Brunton and others possession of the whole Twenty penny land are pursued at the instance of Henry Ritchmond, merch[an]t in Mauchline for the Rents of the said Lands on the Titles following, viz:

1737 Feb’ry 3d                    Heretable Bond by said Agnes Paterson & John Lindsay her husband to John Richmond, son to James Ritchmond in Auchenbrain, for five hundred Merks Scots price with @ rent and penalty bearing Infeffment on the said Twentypenny Land for security of the Sums in the Bond, and redeemable on pay[men]t thereof.

1744 April 9th.                  John Ritchmond was Infeft on the heretable Bond and the Infeftment Registrate 23d May that year.

1747 March 12th.                Said Agnes Paterson & John Lindsay and W’m Lindsay Shoemaker in Mauchline, their oldest son, Grant Heretable Bond of Corroboration to the said John Ritchmond of the said Heretable Bond extending with Six hundred Merks then lent to Eleven hundred and Twenty Five Merks, and which contains infeftment for that sum with the @ rent and penalties in the said Twentypenny Land redeemable.

1748 May 28th                 John Ritchmond is Infeft on the said Bond of Corroboration, and the Infeftment Registrate 16th July thereafter.

1757 May 16th & Nov 12}      The Earle of Loudoun’s Commissioners grant a Charter of Confirmation of the said two heretable Bonds and Infeftments thereon and Precept of Clare Constat for Infefting Ja[me]s Ritchmond son to the said John Ritchmond as heir to his father in the said Twenty penny Land for security of the foresaid sum;

1758 Jan’ry 17th                 James Ritchmond is Infeft thereon and his infeftment Registrate 24th said month.

1758 Jan’ry 27th.                Said James Ritchmond Conveys to said Henry Ritchmond the Said Twenty penny land for security of the foresaid sums.

1754 Sept’r 6th.                  Agnes Paterson & John Lindsay grant heretable Bond to said Henry Ritchmond for Seventeen pounds Sterling of principal with @ rent and penalty on the said Agnes Paterson her half of the Twenty penny Land, Whereupon ‘tis said he was Infeft but the Infeftment does not appear.

1761 Dec’r 3d.                   Henry Ritchmond obtains Dec’t of Adjudication before the Lords against said Agnes Paterson & John Lindsay founded on a Dec’t before the said Lords 15th Jan’ry 1761 at Henry’s instance against them & Janet Lindsay Daughter of the deceast W’m Lindsay Shoemaker in Mauchline for pay[men]t of the sums in the said Bonds accumulated at the date of the adjudication, to the sum of one Thousand Six hundred and Seventy nine pounds Eight Shillings Scots.

1761 Dec’r 3d.                   Henry Ritchmond obtains Dec[re]t of Adjudication before the Lords ag[ains]t said Janet Lindsay as charged to enter heir in Special in her father of the half of the said Twenty penny land for pay[men]t of the several sums therein mentioned due by ther father Extending at the rathe of the Dec[re]t of adjudication to Seven hundred and Twelve pound Eight shillings Scots, and for the Contents of the Said heretable Bond of Corroberation extending to One Thousand three hundred and fourty pounds Scots

            From the above State of the Matter, it appears that David Brunton in his Wife’s disposition being a Latent Deed will not be good to Compete with an Onerous Creditor.

            That Janet Lindsay would have Right to one half of the Twenty penny Land and Ann Lindsay & David Brunton to the other half, but then Janet Lindsay is a Minor.

            It is said that Henry Ritchmond has sundry intromitions with the Rents &c. and that there are various objections to the Grounds of Debt and procedure which will oppen the Adjudications and reduce them to security for the principal and @ rents, did not Janet Lindsay’s Minority Stand in the way; its thought as they are not able themselves to Redeem that Agnes Paterson and her Daughter & Son in Law & Janet Lindsay herebye Should Dispone the whole Twenty penny Land to some friend under Backbond who should in their Name Raise a Reduction of the adjudication and how soon they are reduced to securities for the prin[cipa]l and @ rent, the whole should be Grouped together and the price applied in the first place in pay[men]t of what shall be justly found due to Henry Ritchmond and the next place for Defrying the Expence of the Pro [hole] s and the Residue be divided amongst them.         [Presumably “@ rents” abbreviates “accrued rents”.]

8. Endorsement:  Charge Hendry Richmond agt David Brunton  1787

11 3/4” x 7 3/4”   (apparently about 1” has been sliced off top) 

[descenders of the line above the present one cannot be analysed]

of George Wallace Sheriff officer by virtue of a decreet of removing obtained upon the twenty third day of July one Thousand seven hundred and sixty five years before William Loagan of Castalmains Sheriff substitute of the Sheir of Ayr at the pretence of Hendrey Richmont merchant in Mawchline Heratible Propretore and standing posest in all and hail the twenty penney lands of old extent of Mawchline and *laying within the territory of Mawchline* [marginal addition, initialled by George Wallace] in  Parish thereof conform to a charter of a judication of the date, the seventeenth day of December on thows and seven hundred and sixty four years granted by the Earl of Lowdoun superior thereof to the said Hendry Richmont parischoner and ane presentment (?) of seasing taken thereupon in the presence of the Duke the sixteenth and registrate in the particular register of sesing thereof for the shire of Ayr the Eighteen day of March one Thowsand seven hundred and sixty four years against David Brunton shewmaker in Mawchline. 

            Therefor in his singylys name and authority and executive of the said decreet of Removing I hereby command and charge you the said David Brunton instantly to flet and remove your self family servants subtenants coalurs goods and gear furth and from your posheson of the half of the said twenty penny lands of Mawchline howses yeards and huall pertenents therof and to leave the same void and re[stor]ed and patent to the effect the said Hendry Richmont may then enter therto posess labour sit dispoas therupon therafter conform to his reight therto with Certificasion as Effi[de]ns ship of deliver to you upon the twenty third day of September one thousand seven hundred and sixty five years, befoar thes witness, John Peden in Townhead of Mawchline and John Wilson witnesses.  George Wallace.

9.  Horning.  Endorsed with caption, “Charge of Horning for David Burton 1765”

Paper 7 1/4” x 11 1/2”  written one side.  There is no title nor preliminary on the sheet of text.

 I John Lamb messenger by virtue of Letters of Horning raised at the instance of Henery Richmond, Merchant in Mawchline in his magistrayt’s name [last four words dim because ink worn off at fold here]  and alhanly [= allanerly?] comand and charge you, David Brunton Shawmaker in Mawchline, to make payment to the Complainer of the sume of Two hundered and thirty eight pounds Scots as the Rent of your posession of the Twenty penny Land of old extent of Mauchline and howses yards and pertinents and that from the sixth of February, 1700 and fifty nine to the term of Whitsunday, 1700 and sixty three years, being at the rate of fifty six pounds Scots yearly and compounds [unclear abbreviation] of the sume of one hundred and forty pounds Scots as two years and a half Rent of your said possession of the said land and houses and that from Whitsunday 1700 and sixty three to Martinmas last 1700 and sixty five years, deducting seventy eight pound eighteen shilling and eight pennies Scots by goods provided within these two years and nine pound fifteen shillings sterling by a Decreas of feus for the assesing and also to uphold the said howses during your possession, All contained in and due by a decreet obtained at the complainers instance against you before the sherriff Deput of Ayr, Dated the Thirteenth of September 1700 and sixty three years, and that within fifteen days after this my charge under the pain of Rebellion and putting of you to the horn, Conform to the said letters of horning dated and signed the twenty seventh Day of November last.  This I do upon the twenty eight day of December, 1700 and sixty five years, before this next session. 

George Gibson, officer in Mauchline and John Peden, Indweller in Mauchline.

John Lamb, messenger.

There follows overleaf a barely legible balance sheet.

NOTE: horning is an old Scots punishment.  After three blasts of a horn at the market cross of a town, the name of a contumacious person would be announced, with attendent scandal, loss of credit, and loss of civil rights.  

Copyright © 2000-13   The contents of these webpages are copyright.