Court Record 1591

While sorting through several piles of papers we came across this transcript. There was no date of when it was transcribed or where the original came from. We are assuming that it has come from the Burgh Court Record book, which are held at the Scottish National Records Office.

. Although Burntisland is not specified , it’s reasonable to assume it is the Burgh mentioned as the second crime took place in Kirkton. The scribe Andrew  Wilson was Notary Public and Town Clerk  of Burntisland; John Orrok was a Burgess of Burntisland, both mentioned in a Degree of Arbitration in 1590.

It is interesting in that it gives us a name for a butcher in the town. The killing and preparation of meat was carried on at the Shambles, situated where todays Burgh Chambers stand. The second case is an assault on a lady. She resided at the Kirkton of Waster Kinghorn. It is interesting that the old name continued for several generations after this.

Original Transcription

Original Transcription

Fol\0 L48 a

THe ,:uhilk day In the actioun and oaus persewit be Robert spittall fleschar

aga.iis marcus steward indwellaris off the said burght makkand mentionn off fyftiethre

S° i ' i i i d money scottis addettit for flesche coft and ressawit be the said marcus and

Nicolas lichtmane his spous fra the said robert as the clame glwin yairanent at mair

,enth beiris Gompeirit baith the saidis pairteis and the said robert referrit the

~aid clame to the said marcus aith simpliciter Quha Beand Sworne deponit

That hee and the said nicolas his spous is only addettit to the said robert the sowme

o f f twentie i i i i d money foirsaid and na mair And Heirfoir the Iudgis decer-

- n i s and ordanis The said marcus To refound content and pay To the said robert

spittall the said sowme off twentie Ss i i i i d within terme off law wnder poenis off

Poindinge wardinge and comprysinge and condamnis the said marcus in v Ss

for expenssis off pley els sustenit Quhilk was actit

THe quhilk day anent the b i l l off iniuris giwine in and persewit be Issobell

duncane serwand to thomas gourlaw in the kirktoun off kingorne waster aganis

alexr trumbell and thomas hasoun botismene in leyth and Robert measlat

and Wm clerk and waiter mane cautionaris for yai r entres- as law will Berand

That quhair vpone the ( ^ day off december instant 1591 zeiris The said Issobell

Beand vpone horsbak within the port and hewine off this burght In hir maistaris ho-

-nest and lesume serwice and labour Hoippand for na ewi11 nor Iniufie

The saidis twa botmene Inwadit hir and afl£!e^ter the said thomas Had tane hir

Be the f e i t t The said alexr waffit and oust his clok or capusche in the 1 ors_

face and cansit' the hors_ To cast hir to the grund quhair scho f e l l vpone hir

face amongis ane greit number off chingill and stanis and blak hir face

In the brow in the cheikis hir ea and diwers_ vt,heri_s mirths with money

Bauche and bludie straiki.s To ye effusioun off h^r blude in greitt In hie contempt

o f f our . S . l . his lawi s and authon* t i e eti. s despringe the saidis Thomas hansoun

and alexr trumbell To be condamni t in ane vnlaw off bludweit and trublans

and To be compellit to mak hir and the said thomas gourlaw hir maister his

entres_ ane Sufficient amendis and satisfactioun for the said iniuris etce

as the clame giwine in yairanent at mair lenth beiris Compeirit Baith the

- b e l l and The said alexr confess!t that he cwst vp his clok foirnent the

Horsis face and sayit yair was ane ga vpone the hors Bak efter the quhilk

Scho f e l l and hort hir selff in maner foirsaid Suppois- he menit na ewill

Towardis hir for the tyme alway he o f f e i r i t to mak hir ane amendis

and to caus_ heill hir vpoun his awine chairgis The Iudgis with consent off

Pairteis puttis the mater to the knawlege off the inquist wnderwretinge

laufullie warnit to that effect viz:

Williame Browne Williame ferrie Dauid archbald

Patrik morray Johine smyth Thomas wichtmane

Williame cuningis Mchall l i l l i e lames Halkerstoun

lames brand Robert spittall Andro aitkine

Robert fluccar Robert broun lames dowgall

THe quhilkls nersouns off inquist Svorne and admittit deoairtinge fourth frome visage

off court and efter lange ressoninge eturnand to the place agane all in ane

voce pronuncand be the mouth off Wm ferrie nancellar efter the court contineving be-

-inge inclosit in ore sens off .ToMne orrok b a i l l i e conwict! s the said alexr trumbell

Tn the saidis Iniuris contenit in the clame abone vretinge and condamnis him in ane

vnlaw off bludwei.t and ordanis him to craiff the said Issobell and the

said thomas 'onrlaw hir Maister forgiwnes vpone his kneis and to pay for

the heiHinge off the said Issobell off ye wondinge and hortinge abone specx--

- f e i t at the si.cht off t.wa newt r a i l nersouns Quhilk was actit

 

An. vilsoun scriba

Summary

Summary

1.      Robert Spitall, flesher (butcher) has raised an action against Marcus Steward and his wife Nicolas (sic) Lichtman, who live in the Burgh, demanding payment of  53 shillings and 4 pence Scots owed for meat. All 3 parties appeared at the court, the defendants declaring  the debt was only  20 shillings and 4 pence. The couple were ordered to pay that amount to avoid “poynding” (sale of their belongings by auction)

 

2.      Bill of injury pursued by Issobell Duncane servant to Thomas Gourlaw in Kirkton of Kinghorn Waster against Alexander Trumbell and Thomas Hasoun (boatmen in Leith). Robert Measlat and Wm Clerk and Walter Mane acted as cautioners, on the [   ] day of December 1591. Issobell was on horseback within the port and harbour of the Burgh on her master’s honest and legitimate service. The said 2 boatmen “invaded” her, Thomas taking her by the feet and Alexander throwing his cloak over her horse’s face, causing it to rear and throw her to the ground, She fell on shingle and stones, blackening her brow, cheeks, eye and other parts, with many bloody streaks and loss of blood. The men are charged with "bludweit”  i.e. causing bloodshed and “trublans” i.e. violent behaviour. Alexander Trumbell confessed, said he meant no evil towards her, offering to make amends. The judge referred the matter to the underwritten sworn members of the  inquest, who left the court to return after lengthy consideration with a unanimous decision, pronounced by Wm Ferrie in the presence of John Orrock, Baillie. Alexander Trumbell was convicted of the crime and ordered to crave forgiveness from Issobell Duncane and Thomas Gourlaw on his knees, and to pay for the healing of her wounds.

An. Wilsoun scribe

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