Scottish Bukghal Life. 95 



sive catalogue; but it does not appear to cover all cases for which 

 fines mig-ht be imposed ; for example, it does not at least in set 

 terms extend to the class of offences of which we have just read 

 — cursing, railing, and " flyting- on the gait." At an earlier 

 period (in 1584) the fines had been farmed out to William M'Gliie 

 and Thomas Hall for £28. 



Civil suits were disposed of in ' the burgh courts, frequently 

 before an assize or jury. In one case, for example, concerning a 

 charge of forestalling the burg-h in purchasing a cargo of wine, it 

 is recorded that "the Provost and Balyeis selectit the said former 

 assysis, being unsuspect burgesses of the said bui'gh, to tak cog- 

 nitioun and tryall thairanent." The proceedings were conducted 

 with considerable formality, there being references to written 

 pleadings. One Hercules Hay, an innkeeper, figures as pursuer 

 in several actions. One of them was decided in the manner which 

 still obtains in regard to prescribed accounts. It was referred to 

 the defender's oath, " quha, being rypelie advysit thairwith," 

 made oath that she owed him nothing, " boit that it was all payit 

 qlk sche ressavit; quhairfoir the judges absolvis hir siniplicitir 

 thairof." Hercules was a man of substance and laird of Castle- 

 dykes, which he had let on lease to a brother. He sued that 

 brother's widow for past due " maill," or rent, of the land, and 

 also for delivery of certain personal property of his deceased 

 brother, which he claimed as " airschip/' It is curious to read in 

 the inventory of the articles, along with a " pleuch, pleuch graith," 

 and measures and implements of various kinds, such an entry as 

 this: "■ Item, ane cuntar burde carvit, with tabill and ches, pryce 

 ten merks." " Tabillis " is an ancient term for the game of 

 draughts, and we have in the carved centre board, the " tabill," 

 and the chess the necessary provision for still popular forms of 

 fireside recreation. 



The magistrates felt themselves burdened with the mnnber 

 of suits brought before them, and as a check to frivolous litigation 

 it was enacted (February, 1580) that every pursuer who lost an 

 action ("•• tynis " is the expression used) should pay a penalty of 

 eight shillings. They were, nevertheless, jealous lest their 

 tribunal should be deserted in favour of a rival jurisdiction, and 

 another of the Burgh Acts provided " that na persoun iudwellar 

 within this burgh mak ony complent to ony out toun niaister 

 [magistrate ?] for ony cans or occasioun, or move them to seik 



