The English Raids on Dumfries in 1570. 243 



he by vas, herd and saw in thom bell's cloiss on Sonday afor the 

 cumming of the army qlk vas the xxi day of august ado Ixxo 

 quhen elizabeth cunyngham offerit Schir Jon Sinclar his malt not 

 specifcand the quantite and he refusit sayand it vas ground and 

 not as he deliuerit. 



The qlk day Jon batie in rig admytit and suorn deponis in 

 the caiss foirsaid with Jon paterson in all things vord be vord 

 and that he vas present for the tyme day and place afor rehersit. 



The qlk day Jon skrymgeor admytit and suorn deponis that 

 he vas present the nyt that the inglismen vas in this tone and he 

 saw tham tak the houss as thai plesit and tak vork and all other 

 things in the houss as thai plesit. ^^ 



The last case is perhaps the most interesting of all. James 

 Maxwell in Barnhill sued John Ferguson, nicknamed "Laird," 

 for a boll of malt. Ferguson admitted receiving it, but said he 

 could prove it was taken by the English army. His "witnesses 

 stated that the " Laird ' ' had cast his horse load of malt over the 

 brae at Tinwald Kirk on the approach of Sussex, and that it 

 was spilt on the ground. It was clear to the judges that the 

 Laird had failed to prove the malt was taken as he stated, yet 

 " for conscience sake " they found that he had not got the value 

 of it nor any profit from it, so they ordered him to pay not the 

 whole £4: 8s for the boll but the price of ten pecks only. 



Maxvell. 



The qlk daye Jhone fergussone laird present in Jugement of 

 his awin grant is actit in the soume of iiij lib viii sh mony of this 

 realme for ane boll of malt price be ressone he grantit the 

 intromissioune thair with qll faylzand to preif sufficientlie that 

 the army of Ingland tuik the same away in August last bypast 

 thair vpon the Juge ordaint act.™ 



Depositions of the personis led be Jon fergusson 

 agains James Maxvell. 



The qlk day will the man admytit and suorne deponis that 

 he knew veill quhen that the army vas at tynnal Kirk Jon fer- 



69. Burgh Court Books, 17, i., 1570-1. 



70. Burgh Court Books, 29, xi., 1570. 



