136 KIRKCUDBRIGHT IN THE SIXTEENTH CENTURY. 
“to be halden of their sovrane lord in free burgage ;’’ and he, 
on the other part, ratifies the conveyance to the town of the two 
churches, which are to be held of him in blanche, “ for payment 
of ane rois [rose] at midsummer, gif it beis requirit.’’ The 
former bargain may have fallen through from failure to imple- 
ment its terms; or’ this second conveyance may be merely a 
colourable method of completing the title. 
The neighbourhood of the tolbooth and quondam church 
had been in a very insanitary condition. The burgesses, we 
learn from a minute of February, 1579, were hardly able to get 
to it dry-shod, because of the mire and dubs; and Thomas 
Anderson, the Town Clerk, had undertaken to open up “the 
auld conduttis [passages or conduits] of the Watergait,’’ and to 
mend “the passage and way to the said tolbuith;’’ in recom- 
pense for which services he received a conveyance of a rood of 
the “waist landis callit Poldryte and new kirkyaird,’’ north of 
“the Hie Passage [street] qlk passis fra the Mercat Croce to the 
port callit the Mekill Yet,’’ subject to an annual rent of £12. 
A proper tolbooth was erected soon afterwards, beside the market 
cross, and it is still standing. The Convention of Burghs, in 
1591, voted a sum of £20 to aid in its erection, and exempted 
the burgh from sending representatives to its sittings for the 
space of three years, the outlay thus saved being, presumably, 
applied to the same purpose. 
BuRIALS IN CHURCH. 
Burial within the walls of the church had up till Reforma- 
tion times been a common practice, and it was one that was 
clung to with something like superstitious tenacity. Here is a 
minute, of date 16th May, 1580, forbidding its longer continu- 
ance: 
“The qlk day the Provost, Bailzeis, Counsall, and com- 
munitie of the said burgh, understanding perfytelie that the auld 
kirkyaird appointit be thame for buriall of the personis deceis- 
sand within the said toun and parochin is sufficientlie biggit and 
dykit, and sa ordainit yeirlie to be uphauldin for the same 
effect: Quhairthrow bestiall is debarrit fra passing thairin, and 
sa is decent and honest for the said buriall, and that be the 
lawes and actis of the realme the kirk aucht to be haldin void 
of ony buriall, and the samen to be maid in the kirkyaird 
