212 Topography of Dumfries. 



the foundation stone of the new Jail was laid in Buccleuch Street, 

 and the old Prison was taken down in 1808. Its foundations re- 

 main. The Prison in Maxwelltown was erected in 1851. 



75 In an inventory of title deeds belonging to the burgh circa 

 1700 is the following entry : — " Instrument of resignation by Robert 

 M'Brair, then Provost of Dumfries, of all his right to the acres and 

 crofts in the territory of the town and seasin thereupon, 16th 

 Janry., 1443, John M'llhauch, writer." The significance of this 

 and its bearing upon the later feu charter is not clear. 



76 " They know not nor enquire how Netherwoods Lands and 

 Castledykes came [to be alienated] from the Town, being the 

 Burgh's property given by King Robert Bruce after he had slain 

 and forfeited John Cumine [Edgar goes on the old supposition, that 

 the Kingholm was Cummin's holm] . . The said Netherwood be- 

 ing yet a feu of the Town of Dumfries, which is the superior thereof, 

 but whether Feu or Blanch Duty . . . is a mystery. . ." 

 (MS. History). There is a curious entry in the Burgh Court Books 

 which may refer to a charter gifting the lands of the Castle to the 

 burgh. 11th June, 1563 — "The compt of the burgh maid be me 

 George Maxwell provest for the weill of the samyn and debursit in 

 anno 3 (1563) at sundry tymes. . . Item in the first xv dayis at 

 Edr for the defence of the summondis rasit at the instance of the 

 laird of Conhayt at the tyme for the seiking of or charter in the 

 castell to Robene Scot and the ryding of Drumfermylling w* twa 

 seruandis for his labors xx lib; and x ss. gevin to his seruandis of 

 drink siluer . . . gevin to Maister James M'gill ten markis for 

 the subscriving of the charter ; gevin to Robert Scot for the making 

 of the charter xl ss." After date 7th August, 1562, there is given 

 in the Burgh Court Books a copy of the Confirmation Charter of 

 James II., 28th October, 1458. It does not add to the Charter of 

 Robert III., 28th April, 1395, granting other items " ac terris 

 Dominicis ejusdem." 



77 "The Royalty of the Burgh of Dumfries: A Prevalent Mis- 

 conception Explained," by Mr J. C. R. Macdonald (Trans. D. & G. 

 N. H. & A. S., 3rd Ser., vol. i., pp. 343-4). 



78 See note 19. 



78a On 12th November, 1666, the Town Council ordered to be 

 built " a strong barrier port with a wickit and a doore on the 

 brig as it was in former times." 



79 It is through misinterpreting the word " dike " that the wall 

 tradition has arisen. Enclosing walls were not common in the 16th 

 and 16th centuries, and when they did occur they were specifically 

 called "walls" (enclosed fields were called "parks"). The earth 

 thrown from the ditch made an embankment often more important 

 than the excavation, hence the transference of the term. A similar 

 confusion, but acting the opposite way, has taken place with 

 " moat." 



80 The arable lands were also ditched. The " auld dyk " was 



