Hogarths at Stichill 1655-1805
by Ed Thompson

The Cromwellian government set up a Court of Justice in each parish in Scotland to deal with debts, promises, trespass and similar local offences. The presiding officer of each court was to be the ‘baron’ or owner of the estate, or his representative. The minutes of the Baron Court of Stichill - running from 1655 to 1807 - were preserved until the end of the 19th century, when the Rev. George Gunn made a transcription of them. The original books were subsequently lost, but the transcription survived and was edited by Dr Clement B. Gunn for publication in 1905 by the Scottish History Society as Records of the Baron Court of Stitchill. Except where otherwise specified, Gunn's volume is the source of the following notes which have been slimmed down for internet purposes by removing the footnotes, references and other material from my printed version. To save space, paragraphs may have been run together below some of the dates, with a double section mark (thus, §§) between them.

In the nature of the case, the Baron Court records give a very limited insight into life on the Stichill estate.  We know nothing of the people who managed to keep clear of the court, and nothing of more serious crimes which would have been dealt with by the Sheriff or Commissary at Kelso, or by the Privy Council at Edinburgh.  Nor do we know anything of moral offences such as adultery or fornication, which came under the jurisdiction of the Kirk Session, along with orphans, paupers and church discipline.

Comments, queries and suggestions will be very welcome, either by email when , or writing to this address:

     Dr.Edward H Thompson,
     Economics Department,
     University of Dundee,
     DD2 1BP.

8th January 1655 The court was set up by ‘the Right worthy Walter Pringle of Green Know’, acting on behalf of the laird of Stichill. The tenants and cotters were called to attend, and the judge selected ‘fyfteen honest men of whois fidelity and qualification he has assurance’ to serve as a jury when required. They included: William Haggeard, Adam Haggeard and William Haggeard and they swore as ‘famous honest men’ to decide matters truly and without favour or hatred at all times. §§ The judge also selected nine Bourlawmen, who were to work with the Factor, William Nisbet, to settle disputes between neighbours and to determine how taxes and levies should be shared out between members of the community. One of these Bourlawmen was Adam Haggeard. The first decision he took, along with the other eight Bourlawmen, was that all the tenants were to pay a share of the £10 Scots due to Thomas Quhyte who had been wounded at the battle of Dunbar while serving with the Scots army on behalf of the parish. It was minuted that the Bourlaw Officer was ordered to seize the property of anyone who refused to contribute.

It seems clear, then, that at the beginning of 1655 there must have been a high proportion of Hogarths working as tenants or cotters on the Stichill estate – no other family is represented by more than two members among the jury – and presumably there are at least two separate Hogarth households represented by the two men called William and one Adam. It would also seem likely that that these Hogarths stood reasonably high in the eyes of the landowner and his factor.

22 March 1655 At the Court convened by the Factor, Andro alias David Haggeart was required to pay Thomas Pearson in the neighbouring parish of Nenthorn compensation for corn damaged by his animals which had strayed. §§ At the same session it was decided that William Hoggeart should pay 53 shillings to James Lambe; the record does not specify the reason. At the same time James Blaikie was required to pay to William Hoggearth £24 which he admitted was owed to him.

18 August 1655 At the Court convened by William Nisbet, Factor and Chamberlain of Robert Pringle, consideration was given to ‘the great disorders and abuse within this Barrouny be excessive drunkenness, scandal, sensuality, mocking of piety and such other heynous and God-provoking sinnes and offenses and it was ordained that anyone within the Barony found guilty of excessive drinking, filthy or scurrilous language, swearing, blasphemy or mocking at religion would be liable to a fine of 10 shillings Scots for each offence. §§ William Hogearth was ordered at this meeting to pay £3 Scots to the Kirk-session, to be employed in good works. §§ At the same session of the court, Andro Eiffen was ordered to complete a contract by delivering to William Hoggearth five bolls (Kelso measure) of barley outstanding from an order for twenty-one bolls.

27 November 1655 Adam Hoggart and James Donaldson were nominated to audit the clearing of the accounts between James Blaikie (who seems to have been in debt in a number of directions) and Issobel Pringle, presumably a relation of the laird; they were also to ascertain whether or not James Blaikie owed money to James Wilson, a merchant.

19 June 1656 The Court ruled that within fifteen days William Hoggearth should pay to Marioun Cossars the sum of £12:16/-, plus a load of coals. This was after investigation by John Lowry and Richeard Guttraw, two of the Bourlawmen, and appears to be payment of wages owed by him to her.

13 November 1656 At the court held this day Anna Clapertoune and Alexander Lowry agreed to resolve a dispute by the arbitration of Adam Hoggearth and three other Bourlawmen, together with the Factor. §§ Reference was made to a former Henre Hoggearth, apparently in connection with unpaid harvest fees, and Adam Hoggearth was appointed with two others to serve as auditors over claims given in by James Wood against Robert Hamiltoune and James Blaikie.

9 February 1657 At the court held by the factor the main business was clearing up accounts between people on the estate, including among them the payment of £5: -/1 from William Nisbet to William Hoggearthe.

11 July 1657 At the court held by the factor on this day, William Hoggearth was ordered to pay to John Donaldsone 26s. 8d., or the true price of a boll of oats, as his share of the compensation due for corn eaten by (straying?) livestock.

19 January 1658 At the court held by the factor Adam Hoggeard was ordered to pay Thomas Hoggearth the sum of £20 within fifteen days, and a further sum of £20 at an agreed time thereafter; both parties signed the agreement. At the same session Andro alias David Hoggeard admitted that he owed £31 to this Thomas Hoggearth.

23 November 1658 At the court held by the factor on this day Andro alias David Hoggeard was ordered to pay Mark Wilson £15, which he admitted owing him.

17 February 1659 At the court Barroun Adam Hoggearth and Robeart Alexander, a Crofter in Hume, were nominated to act as arbiters in a dispute, and David Hoggearth was ordered to pay a harvest fee of £7:10/- to Isobel Charterhouse which he admitted was due. David and William Hoggearth  were also ordered to pay the fee and bounty due to Margaret Trotter of £16:10/-, together with three and three-quarters ells of harden.

28 January 1660  At the Heid Barroun Court halden be the said William Nizbet ffactor in the name of the said Ryt Worthy Robert Pringle of Stitchill Barroun… William Hoggearth alias Hynde was ordered to pay £13:4/- to the factor of the Laird of Stitchel. This was the price of six measures (fulle) of barley at £11 the boll, and William Hoggearth was called on to make the payment because he had stood cautioner for Robert Gibesone in Lowest Gordoune; presumably Gibson had failed to deliver the barley which was due to the laird.

26 November 1660   At this meeting of the court Andro alias David Haggeard was required to pay Robert Lillie, the smith, the price of eleven half measures (‘fulles’) of peas at £13 the boll.

8 January 1661  At this meeting of the court James Campbell in Stichill appeared in person in court and confessed that he had ‘committed blood upon Thomas Hoggearth his servant’. He was fined £24, and £12 for the offense of shedding blood (‘bloodwyte’). Campbell was apparently a miller, and seems to have been quick to come to blows – see entries in 1668 and 1673. Thomas Hogarth, the injured mill servant, would seem to have been dismissed without pay. He came back to the court at its next sitting. §§ At this meeting John Hoggearth alias Calsyend admitted that he owed William Aitcheson £8 in Teinds, which he was ordered to pay. It seems clear that the addition of ‘Calsy End’, or ‘end of the paved way’, is in effect an address which serves to distinguish this particular John Hogarth from other people with the same name; he reappears under this designation fairly frequently from January 1661 on. §§ Andro alias David Hoggearth was required by the court to pay £8 to Andro Watson.

23 August 1661 At this meeting of the court, which was presided over by Robert Pringle himself, James Campbell was ordered in his absence to pay Thomas Hoggearth fees due for past work: £11:4/-, plus two pairs of hose, a new shirt, and a suit of old clothes. Campbell was allowed fifteen days in which to respond.  §§ William Hoggearth was similarly ordered to pay a fee of £3:12/- for work which he agreed had been done by James Thompsone. It may be that this was the James Thompson who was a weaver in Stichill. If so, this would perhaps explain why the fee was cash only, rather than the combination of cash-plus-clothing which seems to have been the standard form of payment between a farmer and a farm labourer. §§ At the same meeting a William Hoggearth (whether the same, or another, is not clear) was found guilty of shedding the blood of Thomas Lowry and was fined £24 ‘at the Laird’s mercy’. §§ Further, John Lowry, James Campbell, David Hoggeard, Richard Guttraw, John Guttraw, Robert Hamilton and George Frenche were fined £4 Scots each for contravention of previous decisions of the court by keeping pigs in the summer, feeding them corn and lint. This matter was raised again at the court which met on 17 January 1663 under Robert Pringle, the Laird, considering the great harm and damage sustained by the Barony during past years through the destruction of corn to keep swine in summer ‘thairfoir it is now statute and ordained ... that no person whatsumever within this Barony shall keip ane swyne efter the fyftein day of May ... under the paine of awght punds Scots money ..’ Similar legislation was enacted on 16 February 1667 forbidding tenants to keep geese while grain was growing.

12 October 1662 Once again Andro alias David Hoggearth ‘younger’ was up before the court, but this time as a cautioner for Mark Dods in Mellerstains who was alleged to owe Issobel Thomson £9:6/-  Payment was deferred until ‘the said David’ could be heard before John Lowry and John Donaldson. §§ Adam and William Haggearth and Thomas Mylle were ordered by the court to pay to Andro Giffen 18s. Scots for each 20 sheep they owned, in respect of corn they had eaten.

3 January 1663 Jane Guttraw, Robert Hamiltoune and Alexander Hoggarth were among those ordered by the court to pay to Margaret Scot, the younger Lady Stitchill, their whole ‘mailles, teinds and tacke-dewties’ owing for the harvest of the year 1662 and for all preceding years. §§ At the same session of the court, William Hoggearth younger was ordered to pay Richeard Guttraw £12 Scots in two instalments: £6 at Whitsunday 1663, and the other £6 at Whitsunday 1664.

3 December 1663  Adam Hoggearth was chosen to be one of the arbitrators in a dispute between Johne Stevisone in Humebyres and the purchasers of a mare, sold by him.

26 December 1663 The barony court held on this day was not in the church at Stichill, as had previously been the case, but was held within the mansion house ‘ Stitchell Place ’, Robert Pringle presiding. §§ Andro Hoggeard appeared in court and denied an assault on Alexander Lowry in which blood was spilled; he refused to swear an oath to this effect, however, and the court concluded that this was tantamount to a confession of guilt and he was fined £50 at the Laird’s mercy. Both parties denied starting the affray, which had arisen at the mill and this was referred to an inquest which unanimously found Alexander Lowry guilty in that Andro Hoggeard had been at the mill first and had spread out his grain for preparation, when Alexander Lowry tried to take his place and get in first. The baron, Robert Pringle, then fined Alexander Lowry £25 for provoking the bloodshed. Robert Hamiltoune in Stichill agreed to act as caution, surely and lawburrows for Andro Hoggeard, and James Campbell stood caution for Alexander Lowry, that they and their associates should be ‘harmless and skaithless of uthers in all tym comeing.’ If they did resume the fighting, their cautioners would be liable for the fines.

4 January 1664 A jury, which included Adam Haggeard, was convened to consider a dispute between Johne Donaldsone (who admitted some degree of provocation by throwing a cup at his opponent) and Edward Thomsone or Stevinsone at Humbyres who denied the committing any bloodshed. The jury found unanimously that John Stevisone, the brother of Edward, had carried out the attack and fined him £50; John Donaldson was fined £25 for causing the afray. Edward was fined £5 for ‘Ryot and Straicks’ and James Lowry agreed to sign a £50 bond as guarantor that Edward Thomsone would not harm John Donaldsone or his family in future.

28 April 1664 John Guttraw, Robert Hamiltoune and Adam Haggeard were ordered to pay to Walter Pringle (brother of the laird) the mail and farm rent due to Margaret Scot, Lady Stitchill, for the previous Candlemas term.

19 November 1664  Patrick Giffen, James Lambe and Johne Haggeard were ordered to pay Johne Donaldsone a total of seven half-measures of oats eaten by their livestock (‘aits eatten be ther Bestiall’), or else 5 Marks, divided between them in proportion to the number of animals each owned.

9 December 1665  There seems to have been a settling of accounts for blacksmith’s work at this meeting of the court: John Guttraw was ordered to pay £9:5/10 to John Lillie, the smith; William Hoggeard, wester, had to pay £6:3/4; Adam Hoggeard was ordered to pay him £5:13/7 and John Hoggeard alias Calseyend £8:8/10. 

2 January 1666  Adam Hogeard lodged a claim against Robert Guttersone for eight pecks of oatmeal, but failed to persuade the court and his case was rejected.

24 March 1666 Adam Haggeard in Stichill was ordered to pay James Pattesone in Fogo £8:13/- fee and bounty for half a year’s service. §§ James Campbell was ordered to pay William Haggeard, wester, £6:15/- for wheat. §§ Richeard Guttraw, George Hamiltoune alias Hill, George Dickesoune, Adam Haggeard, John Donaldsone, James Lowry, Johne Hamiltoune, Adam Hamiltoune and James Wilsone  were required to pay Margaret Scot, Lady Stichell the younger, their outstanding rents and duties. §§ John Haggeard alias Calseyend was ordered to pay Johne Guttraw the sum of £3:2/-, with permission to require John Lillie, the younger, the smith to contribute 26/- as his share of what was owing.

24 September 1666 Adam Hageard, Richeard Guttraw, Johne Donaldsoune, James Lowry, William Gottersone, William Hogeard, George Hamiltoune (hill) and Johne Hamiltoune were all ordered once again to pay their proportion of the sums due to Lady Stitchill, the younger, their outstanding dues. All tenants were further required to pay thier outstanding rents and dues for Martinmas 1665.

13 December 1666 Andro alias David Haggeard fell foul of the law which forbade tenants to go outside the estate to buy bread for weddings. Whether he did this because bread was cheaper in Kelso market, or was superior in quality, is not apparent. In any event he was fined £10 at the judges’ mercy for buying marriage bread outside the estate, and was ordered to pay 10s. Scots to the miller, Andro Nizbet, in compensation for the wheat he should have had ground at the Stichill mill.

16 February 1667  John Hoggeard alias Calseyend was required to pay £20:4/- to William Hoggeard wester in Nether Stichill.

14 September 1667  The court had to deal with something of a riot on this day: Thomas Boyd and Robert Hogge in Over Stichill had committed ‘blood, ryot and straickes [on each other] ... to the effusion of Bothe their Bloods in great abundance and great hazard of their lives’; Andro Robesone and  Johne Hoggeard were accused of committing blows and riot on Robert Little, the smith; Stephen Burne and James Lidgait, minors, had committed ‘blood and straickes’ upon others, and Johne Windrim had set about young James Lidgait. The laird passed the matter on to the jury of fifteen men, who elected Andro Nizbet junior to be their spokesman. §§ The jury found that Thomas Boyd and Robert Hogge had indeed been fighting, caused by Robert Hogge allowing his foal to eat Thomas Boyd’s corn, as indeed had everyone else, and a sentences were duly imposed by the Laird. The nature of the conflict can perhaps be estimated from the reference to a similar event a few months later, on 1st February, 1668 (below).§§ At the same meeting Adam Hoggeard and Johne Donaldsone were appointed to act as arbiters for Alexander Giffen and James Lambe respectively, to settle outstanding disputes between them.

1 February 1668 The court had to deal with a fight between James Campbell in Stichill mill and Andro Robesone, his servant, in which they not only committed ‘Ryot and Straickes’ upon each other ‘with Staffs, handes and feet and other weapons offensive, dinging [each] uther to the ground most cruelly’ but also brought about the ‘effusione of Bothe their Bloods in great abundance and great hazard of bothe their lives.’ Neither party appeared, and both were fined. §§ At the same session John Guttraw in Nether Stichill was ordered to pay to Robert Hoggeard there £26:6/-, half within fifteen days and the other half at Martinmas coming. §§ Andro alias David Hoggeard was ordered to pay £5:8/- to William Hoggeard eister mailler.

31 October 1668 This was an exceptionally busy day for the Hogarths at Stichill. The court began by requiring Andro alias David Hoggeard to pay £11:12/- which he admitted was due, to Katreine Eastone, widow of the smith Robert Lillie. §§ Alexander Giffen was called before the court but did not appear, and was judged liable to pay to Johne Hageard £19:6/- §§ At the same time Johne Hoggeard was required to hand over to Margaret Smythe four sheep which had been given to him for safe-keeping pending the outcome of a dispute between Margaret Smythe and Robert Cromby. §§ James Campbell and Robert Hamiltoune were appointed arbiters to settle a dispute between William Hogeard and Johne Hogeard concerning mares which had been exchanged; if the arbiters could not agree, the laird had the casting vote. §§ It is far from clear what is intended by the next item, the notes for which are elliptical, but a reasonable interpretation might be that Adam Hogeard was ordered to produce two sheep which he had been tending for Thomas Hoggeard. It appears that there had been three sheep, but he claimed one had died. He was therefore asked to produce four sheep which he was looking after for Joanet Guttraw and the court appointed Johne Lowry, Johne Donaldsone and Robert Hamiltoune to establish whether or not one of these sheep belonged to Thomas Hoggeard. If it did, it was to be delivered to him to keep, and Adam Hoggeard would be required to make good the loss of Joanet Guttraw. Joanet Guttraw was daughter-in-law of the widow, Kathren Eastone, mentioned above. So some part of the legal action here is presumably accounting for the estate of the late smith. §§ William Hoggeard was ordered to pay 14 10s. to Johne Hoggeard. §§ On the same day, Adam Hoggeard was required to redeliver to James Leith, herdsman, either two sheep which had been lost though his fault, or else to pay their value, estimated at £3:7/- §§ Johne Lowry and Robert Hamiltoune were elected arbiters to meet and decide all differences between George Hamiltoune and William Hoggeard, who were ordered to accept the arbiters’ decisions.

10 April 1669 On this day Johne Hoggeard was fined 30s. for ‘opprobrious speeches’ to Robert Lillie, the smith; for his part. Robert Lillie was fined 50s. for provoking Johne Hoggeard and threatening blows and ‘Ryot’. Evidently the late smith had been succeeded by a son, and to judge by the next item John Hogarth had been holding on to money which was due to the smith’s estate. §§ Adam Hoggeard in Nether Stichill was ordered to pay £1:8/- for smith’s work to Kathrein Eastoune, widow of the late Robert Lillie. James Lowry, wester, was to pay her £1:10/4, and Johne Hoggeard to contribute to this the sum already paid him by James Lowry. David Hoggeard was due to pay her 13/4 for smithy work, and Johne Hoggeard and his wife were to hand over what they had already received for work done by the smith.  §§ William Hoggeard admitted a debt, and was ordered to pay £4:4/- to James Dawsone; Adam Hoggeard admitted that he owed  £18 to Thomas Hoggeard and was ordered to pay up.

23 October 1669 George Frenche in Over Stichill and William Hoggeard wester in Nether Stichill were fined 20s each for keeping pigs in summer. §§ Adam Haggeard was cited to appear before the court but did not do so, and was ordered to pay £22:4/- rent for the part of the mains possessed by him during Candlemas and Mammas terms. He was also ordered in absentia to pay Robert Lillie £11:8/10 for smithy work.

8 October 1670 On this day William Hoggearth wester was ordered to pay to William Mylle a fee of £5:6/- plus a pair of sufficient shoes, or else 30/- for their price. §§ Adam Hoggearth took an oath before the court that he did not owe £18 claimed from him by his nephew Johne Hoggeard, and was ‘absolved, assoilzied, quyte and freed for ever’ from it. §§ The court appointed Johne Donaldsone and Robert Hamiltoune to decide the claim by James Thompesone against Adam Haggeard for a ewe and a lamb allegedly lost through his fault, to report within fifteen days and both parties to abide by their decision.

9 December 1671  John Hoggeard son to Adam Hoggeard was ordered to repay Gustavus Young the sum of £13:9/- Scots owed by Johne to Richeard Allen, flesher in Kelso, for which Gustavus Young had been cautioner. §§ The court ordained that John Haggard called Calsa End was to pay Johne Hoggeard there 28s Scots as the price of a seck, modified by the judge: 10s. 8p. expenses.  §§ David Haggard in Stichill was ordered to pay Thomas Hoggard there 40s. Scots which David had borrowed from him two years before. ‘In respect of the persewers oath being referred thereto be the Defender’ he was also to pay 10s. of expenses. §§ William Hoggeard wester was ordered to pay the price of a fill of oats to George Blank, but was not found liable for the 5 2s. which George had claimed in respect of a mare, since William’s testimony under oath was accepted, that George had willingly received the mare back again. §§ The dispute with Robert Little, the smith, continued to rumble on. At this session of the court it was decided that John Haggard Calsay End and Alexander Giffen were to pay Robert Lillie as follows: – John Haggard: £5:7/10 Scots for certain smith work carried out by Lillie four or five years previously;  plus 13s.4d. expenses. Robert Lillie and William Courtney were ordered to make payment to Andro alias David Haggeard as follows:– Robert Lillie: £8:13/4 owed by Richeard Concurr in Duns, and held by Robert Lillie; plus 13/4 expenses.  William Courtney: 58/- Scots due to James Richardson, for whom Haggeard was cautioner;  plus 6/8 expenses.

28 December 1672 The estate of the late blacksmith continued to keep the court busy. Thus John Haggeard Calsay End was ordered to make payment to Kathrein Eastoune, widow of the late Robert Lillie, 37/8 as the price of a fill of peas bought by him from her, together with 6/8 of expenses. John Haggeard Calsa End was also ordered by the court to make payment to Andro alias David Haggard of £7 outstanding from the purchase of a black mare at the previous Easter, with expenses of 12/-§§ John Gotrae in Nether Stichill was ordered by the court to pay Thomas Haggard there £5:10/-  remaining from four years fees, with 12/- expenses. It may be suspected that there was a connection between this matter of unpaid fees and the fine of £5 Scots levied on Thomas Haggard in Nether Stichill ‘for a Ryot comitted be him upon John Gotraw Indweller’, which was proved by the evidence of witnesses of good repute.

28 January 1673 The court imposed a fine of 20s Scots on John Wilson, called ‘Sober John’, for a riot committed by him upon James Haggard in Nether Stichill, when he violently took a tether from him. Presumably there was some disagreement about whose livestock should be tethered on which piece of grazing. §§ William Haggard wester was ordered by the court to pay Alexander Robesone, maltman, £5:1/4 partly borrowed and partly for drink and four fills of barley valued at £4:16/-, together with 20/- of expenses. §§ Adam Haggard elder in Stichill was required to pay Walter Lawrie there the sum of £4 Scots previously borrowed; since the defender was summoned and did not appear before the court, he was held liable for 6/- of expenses as well.

17 May 1673  ‘John Gotrae in Stitchell, William Haggard wester ther, John Haggard called Calsa End ther, Thomas Haggard, William Ford, and Adam Fairbairne’ were ordered to make payment to William Courtney and his wife Margrat Trumble as follows:  John Gotrae: £25: -/8 Scots partly borrowed, partly harvest fees;  William Hoggard: £4:1/-, and 10/- expenses;  William Furd:  £2:2/6 partly borrowed, partly for ale; 6/- expenses;  Adam fairbairne:  £2:13/- borrowed money, with 8/- expenses;  John Hoggeard:  £8: -/6 with 13/4 expenses;  Thomas Hoggard:  £4:17/8 money with 10/- expenses.

8 November 1673  Robert Hamiltoune in Nether Stichill was ordered to make payment to James Fairbairne in Over Stichill and his wife Elspeth Hoggard the sum of £9 Scots, a year’s fee in repect of her work for him in the past [plus?] 12/- for four days threshing [and a?] third shilling for mowing, with 2 merks of expenses. §§ John Haggard called Calsae End and Richard Taylor in Queenscairn were required to pay George Wood in Greenknowe the following sums:  John Hoggard: £4:15/- Scots as the remainder of ewes and lambs bought from him at Trinity Monday 1672; expenses 10/-;  Richard Taylor: £5:15/-; expenses 10/- §§ Willliam Hoggart called Wester in Nether Stichill ordered to pay Walter Lawrie there £8 Scots as the price of a boll of barley bought from him two years before or so, with 8/- of expenses. §§ The minute is confused, or at least condensed, at this point. It suggests that there was a carter or carrier called Mr Robert Hopper who had two servants called Robert Hopper and Robert Hopper. These appear in the same indictment as Robert Hamiltoune the weaver and Andro alias David Hoggard all of whom were ordered to pay to William Lawrie, Procurator Fiscal, various sums: The two Robert Hoppers £50 Scots for assaulting William Lawrie, and £25 for shedding blood; Mr Robert Hopper was fined £40 Scots for refusing to provide the use of his cart when required to do so by the Procurator Fiscal. Robert Hamilton was fined £5 for taking ‘hummle corn’ from the mill at Stichill when this had been forbidden by the baron court, and the said David Hoggard was fined £10 for an assault committed by him on the old enemy, James Campbell the miller in Stichill.

30 July 1674  On this day William Hoggard wester in Stichill was ordered to pay William Trumbell £6:6/8 Scots, being the value of a boll of rye which he bought two years before, together with expenses of 12 /-. §§ John Hoggard called Calsa End was similarly ordered by the court to make payment to William Watsone, gardener in Stichill, £18:15/- Scots as the price of barley bought two years and three months before, including the ‘anwelrent thereof faithfullie promittit be him’. Since John Hoggard  did not answer the summons to appear before the court, he was also charged expenses of 2 merks. §§ Robert Hammiltone in Nether Stichill was ordered to pay William Ramsay, servant of James Hoggard there, £14 Scots as the remainder of fees due for work carried out for Robert Hammiltone three years before, together with 14 /- of expenses. §§ Finally William Hoggard eister in Nether Stichill, James Hoggard there, and others were ordered by the court to make payment to Robert Lillie, smith in Stichill, as follows:  William Hoggard: 7 fills of oats or their value, £7:4/- Scots; plus 20s. 8d. for smith work; plus 8/- expenses;  James Hoggard: 6 fills of oats or their value, £7:4/-; plus 56s. 8d. for smith work; plus 8/- expenses; 

12 December 1674  On the day the court decreed that William Ford, servant of James Hoggard in Stichill, was to pay 40/- Scots to Andro Robeson, or to his son Alexander Robeson, as a half-year’s fee for work done from Martinmas 1672 to Whitsunday 1673 during the absence of William Ford. §§ William Hoggard now eister in Stichill was ordered to pay George Patersone in Galloshealls and Mart Douglas his wife £10 Scots for a boll of peat: about four years before he should have delivered three bolls of peat to them but had delivered only two bolls. This William Hoggard ‘now eister’ was also ordered to make payment to James Thomson, a servant of Lady Stitchill, 38/- Scots ‘for shearing and draught of his Naig in harvest last 1673’.

31 July 1675  John Hoggard Calsa End was required to make payment to Alex Lowrie in Queenscairn the sum of £8:6/8 Scots ‘as the pryce and worth’ of six dinmonts and ewes received from him in 1673.

12 November 1675  David Hoggard in Stichill was ordered to make payment to Peter Corbraith in Ednam £8 for 5 pecks of oatmeal bought from him at the previous Easter.

19 December 1676  Andro alias David Hoggard in Nether Stichill was ordered by the court to pay £7:15/2 for iron and other merchant goods to George Pringle, maltman, who was a feuar in Kelso. §§ At the same session Andro alias David Hoggard and Robert Lillie the smith were required to pay to Margrat Turnbull, widow of the former Willliam Courtney, the sums shown in an account presented to the court. Meanwhile, David Hoggard denied his liability for £9:17/- and Margrat Turnbull asked that he take an oath to this effect. He refused to do this, and instead insisted that she take an oath in support of her claim. This she did, and the court ruled in her favour.

15 December 1677  Andro alias David Hogard in Nether Stichill and Elspeth Fairbairne ‘sometime indweller ther, and now at Neuton Mill’ were ordered to pay Adam Neill in Stichill £3 Scots. It appears that Elspeth had taken the fee due to her brother William Fairbairne for serving Neill for half a year but he had abandoned the work after only two months. Andro alias David Hogard’s role in this was that he was holding the money, and was now ordered to return £3 of it. §§ There was a complaint on this day from Bessie Turnbull, widow of the late James Hoggard in Stichill, that Robert Lamb (an indweller there) had allowed his livestock to stray from his grass over into her oats and eat three fills of them before the prevous harvest. Lamb appeared in court and denied that this had happened, and Bessie Turnbull was unable to prove it but ‘declared that the said Robert Lamb his grass lay next adjacent to the said Bessie Turnbull her cornes.’  This neighbourhood dispute was judged to be of ‘weighty concernment’ among the tenants and a committee of six  was set up to investigate and report.

20 December 1679 David Haggard and William Hoggard eister there were ordered by the court to pay Margrat Turnbill in Stichill the following sums: David Hoggeard £3:5/- Scots borrowed a year before, and ... [minute incomplete]

7 August 1680  Robert Giffan in Stitchell was ordered to pay William Laurie, procurator fiscal, a fine of £5 Scots in respect of ‘ane Ryott comitted be him upon Adam Hoggard indweller ther.’ §§ At the same sitting Robert Lillie, the smith, was ordered to pay Adam Hoggard the sum of  £8:6/- Scots as the remainder of a year’s fee for work done for him by Issobel Nisbett ‘his spous’ [i.e. the wife of Adam Hogarth] some five years before.    

27 November 1680  At this session of the court John Hoggard called Calsa End was found not guilty of owing £3 Scots to James Ker in Stichill Mill, which Ker alledged was outstanding from the price of mare which he sold him on 25th July, 1679. John Hogarth took an oath and swore that he had paid the full price, and the judge accepted this.   

14 March 1681  Cathrein Turnbull, widow of the late James Campbell in Nether Stichill, was ordered by the court to pay Adam Hoggard there the sum of £29:7/- Scots ‘counted and reckoned betwixt the Compleiner and defender upon the 6 January last bypast’ as the outstanding remainder of fees due for work done. In addition, she was to pay £8 as a half-year’s fee from Whitsunday to Martinmas 1680, together with four pair of hose for the use of Adam Hoggard or his wife, or the sum of 44/- as their price and value. Cathrein Turnbull appeared in court and acknowledged the debt; she insisted that another creditor take an oath in support of his claim, and was back before the court six months at its next sitting when the smith was pressing her for payment.

26 November 1681  On this day John Hoggard called Calsay End was up before the court for non-payment of a debt of 38/- to John Dicksone, cordiner in Stichill, for shoes. The number of shoes was not specified, but the price might be compared with the 58s. 8d. which Robert Lillie owed in January of next year for two pairs of shoes.  §§  At the same session Walter Lowrie in Runningburn was ordered to pay £2:18/- Scots to John Haggard called Calsay End for ‘certain oats and mowing.’

17 January 1682 At this meeting of the court eleven weavers of Stichill were charged with producing cloth which fell short of the width and weight specified by Acts of Parliament. Their names, which were listed, were mainly Hamilton and Thomson; none was called Hogarth.   §§ Meanwhile Willliam Hoggard eister was was ‘lawfully summoned oft and dyvers tymes’ concerning £4 Scots which John Hoggard called Calsa End claimed was owing for hay supplied to him about Martinmas 1681. The defender did not respond; this was taken to be a confession of guilt, and the court ordered him to pay up.

13 January 1683  The business of the court at this session began with James Hoggard in Stichill being ordered to pay William Service, an indweller there, £10:6/- Scots which he had faithfully promised to pay at the previous New Year. §§ At the same time David Hoggard in Stichill was ordered to pay him an outstanding £5:14/- which was owing for corn supplied by Service at about the same time. §§ Next, James Hoggard was ordered to pay Walter Lowrie in Runningbourne 28/- due  for work done three years before, plus 12/- of expenses.  David Hoggart was made to pay 8/- Scots of expenses [perhaps in respect of the previous court order]. §§  At the same sitting Andro alias David Hoggard in Stichill was required to pay Andrew Robeson there the sum of £3 Scots as the outstanding remainder of five half-year’s fees for work Robesone had done for him two years before or so. §§ Gavin Utterstone, servant of William Lowrie, and William Hoggard eister, were charged with debts to George Jonstoun, a tailor in Stichill. Utterstone did not appear in court and Hoggard admittted the debts, so they were judicially ordered to make payment as follows:  Gavin Utterstone 24/- for a fill of oats and certain tailor work carried out in the past, plus expenses 4/ ;  William Hoggard 18/- for a fill of oats; plus 4/- of expenses.

On 4 April 1683 the Privy Council recorded that Andrew Hogget or Hoggart and John Air in 'Newtounden', who may have been at the battle of Bothwell Bridge, came under safe conduct to the authorities and acknowledged their deep sense of great sorrow for their crime, and were permitted to take the Test on their knees; they were recommended for quick remission on the grounds of their penitence and poverty. [Privy Council Register 3rd series vol.VIII, pp.114, 120.]

29 December 1683  The baron court was presided over by Sir Robert Pringle, who had now become a baronet.  Robert Lilly, smith in Stichill, Andro alias David Hoggard, and Walter Lowrie in Runningburn were taken to court by Thomas Courtney in Fogo for debts [apparently part of some joint venture] which were admitted under oath as follows:  Robert Lilly £4:7/- Scots outstanding for iron purchased about a year before;  Andro alias David Hoggard £5:1/- Scots for iron purchased at the same time;  Walter Lowrie £3:2/- Scots also for iron, also purchased at the same time

In 1684 a list was drawn up of persons to be cited by the messenger in Kelso:  eight were listed as Quakers, and dismissed.  In addition there were Robert Wheit, his wife Marian Wheir and his brother John in Sweethopehedge, who were dismissed on their oath; Alison Trent, wife of John Pearsone in Hardishmilne; Andrew Ormstone there ...  and Marion Tailzour, whose husband had been hanged; Bessie Johnstoune in Stichell mill; and James Hog and his wife and daughter in Stichell walkmill. [Privy Council Register 3rd series vol IX pp.489-90, 680-1]

10 March 1685  On this day the court was largely taken up with the affairs of Alison Gotrae, widow of the late William Hoggard in Stichill. First, she was ordered by the court to return to Andro alias David Hoggard, son of the late William Hoggard, two nags which he had loaned to his father. Several witnesses of good reputation presented depositions to show that these two horses had been bought from Adam Hoggard, wright in Stichill, and Robert Hoggard there about three years previously. §§ Alison Gotrae was also ordered to pay William Lowrie in Stichill the sum of £6:10/- principal, plus 30/- expenses, in respect of a loan ‘containid in a Ticket maid and granted be the deceast William Hoggard husband to the said defender ... of the daitt the 20 day of December 1685’ [sic] and also the sum of 24/- of money due for straw bought from William Lowrie about a year before. §§ Finally, Alison Gotrae, as ‘relict and executor to the deceast William Hoggard in Stitchill’ with the goods and gear of the dead man, was ordered to return to Robert Hoggard, his son, a cow which belonged to him, and had been loaned to his late father. Robert swore on oath that he had bought this cow from James Purves in Smailholm about seven years before with his own money, and had loaned it to his father on the understanding that it would be returned whenever he chose to call for it.

2 January 1686  At Nether Stichill Alison Gotrae's problems continued with the judgement that she should pay to George Wood in Rumbleton Law the sum of four Scots merks as the value of a stack of peats bought by her late husband William Hoggard a year ago, together with interest of 4 shillings or half a peck of barley. §§ Andro alias David Hoggard was required to pay William Lawrie £3:15/- Scots which he owed him for half a boll of barley bought about five years before. Andro alias David Hoggard was also required to pay Mr Andrew Hammiltone, minister of [unreadable], and his factor William Lowrie £5:6/8 Scots as the outstanding price of a nag bought from him about five years before. §§ At Stichill itself the tenants were required by the 34th Act of James VII to swear to live peacably and free from 'fanatical disorders'. Only sixteen tenants so subscribed,  including Adam Hogart and James Haggart.

28 February 1691  On this day John Hoggard Calsay End was freed from a debt of 32/- Scots claimed by Walter Lowrie in Runningburn for oats eaten or destroyed by Hoggard's livestock, because the claim was not lodged until more than a year and a day after the alleged offence took place.  But  John Hoggard was  required to pay Walter Lowrie 20/- Scots for part of the carriage of a wagon to Eyemouth six years before, plus 10/- as part of the carriage of a wagon to Coldstream, and in addition 5/- as the price of half a peck of oats, and 3/- for a capful of peas which he had borrowed; further, 20/- for the carriage of a load of lime from Stichill to Edinburgh, 4/- for a quarter of the carriage of a pair of horses to Coldstream, and 50/- for two loads of corn.

4 November 1691  John Hoggart and Magdalen Hammiltone (widow of the late James Hoggart) ordered to pay to Adam Hoggart, wright, 50 merks Scots which they were holding for David Hoggart in Newtoun; this to be while awaiting the confirmation of executors for the estate of the late James Hoggart.

5 September 1692  John Hoggard and Magdalen Hammilton each fined £10 Scots for summonsing Adam Hogart wright before the Commissary Court in Kelso instead of doing this in the Baron Court of Stichill.

14 January 1693  Walter Lowrie in Runningburn was ordered to pay Issobel Hoggart, daughter of the late William Hoggart wester, £10:10/- Scots for two harvest fees owing for work she had carried out three years before, together with 7/- for her supper herring. §§ Robert Hoggart was fined £10 Scots for breaking down Andro Wilson's door at night, assaulting him in his own house and threatening to kill him. At the same time Andro Wilson was fined £10 for failing to attend the court hearing, and for defamation of Robert Hogart's good name and reputation by saying that he was a knave and a dishonest man, and using many other opprobrious words and expressions about him.

17 November 1694  Robert Hoggart was made to pay a debt of 50/- Scots to Jannet Puntan in repayment of a loan he had received from her late sister-in-law, Elspeth Johnston.

4 May 1695  Robert Dickson and his wife Mart(?) Hamilton ordered to pay 44/- Scots to Adam Hoggart, wright, as the outstanding part of the price of a large chest bought from him ten years before; the defenders did not appear in court to contest the judgement.

9 May 1696  Robert Hoggart eister ordered to repay Thomas Underwood, wright, the sum of £10:10/- Scots outstanding from a loan of £16:10/- received about two years before.

12 December 1696  Adam Haggart, wright, and James Steill, tailor, both fined £10 Scots for multures abstracted since last Martinmas.  §§ Robert Liggaitt, herd, was found guilty of negligence in herding his livestock and was ordered to pay Adam Hoggart, wright, £1:10/- Scots as the price of a Full of peas eaten and destroyed by his animals, plus a further 21/- as the value of three stooks of straw which his animals also ate.

14 January 1697  Robert Hammiltoune, John Watson, Adam Hoggart wright, James Service, Thomas Simm younger, John Younger and George Wilson were appointed as additional Burlaemen. Thomas Simm declared that he could not write, so presumably the others all signed the oath to carry out their office faithfully.

23 January 1697  Adam Hoggard was ordered to repay John Scougall, servitor to Jon Brunton, smith, £18 Scots which he had borrowed two years or so before. §§ Agnes Lamb, wife of the wright Thomas Underwood, Marion Hogart and Joan Hill, indweller, were accused of deforcing a Sheriff Officer who tried to poind Underwood's goods and gear on the previous day, 22nd January. Specifically, they "ilk ane of them did most masterfully deforce, spuillzie and away take from the said George Patterson, officer, ane cow which was in his possession and had poindit the same ...  and did most masterfully bereave the said cow from the Complainer. Also the said defender Agnes Lamb most furiously did gripp and ryve the said George Patterson his hair out of his head and threatened to ryve the heart from the said Complainer rather than he had cotten a beast out of doors."  Agnes Lamb countered with an accusation that George Taylzeour (gardiner at Berwick, who was pursuing Underwood for debt) was guilty of "beatting her, throwing her to the ground and tramping upon her."  The Baron Count found that Taylor had merely been strangling her to impede her deforcement of the Officer. Agnes Lamb was fined £10 for deforcement, and the 'tumultuous' behaviour of the other women was punished with a token fine of 10/- each.

1 May 1697  Adam Haggart and Andro Haggart were ordered to pay John Younger, miller at  mill, as follows. Adam £14:6/- partly borrowed money, and partly the price of some meal bought six months before; Andro £22:10/- made up of the outstanding price of some sheep, and partly the price of oats and oatmeal bought during the previous two years. §§ Adam Haggart was ordered to pay Andro Giffen £11:10/- Scots borrowed at Yule last, with other articles adding up to a total of £23:7/6 as assessed by three honest men acting as arbiters. §§ Robert Hoggart was ordered to pay George Hammilton £12:9/- for oats bought  a year before or so.

13 November 1697  Adam Hoggart, carrier, ordered to pay James Hoggart in Mainrigg 24/- Scots partly outstanding from a carriage from  to Dalkieth in the previous summer, and partly for a thrave of oats straw bought in the previous winter. Adam did not appear in court to contest the claim. §§ Issobel Hoggart, servitor to James Lamb in Runningburn, was ordered to pay John Underwood 18/- Scots as the price of six quarters of Linen bought from him three years before. She did not appear in court to contest the claim.

22 January 1698   Robert Hoggart ordered to pay Alexander Heislope, wright, and Adam Chairteris as follows: £10:6/- as the remainder of the price of a cow bought at the previous Martinmas; 28/- as the remainder of the price of an almery bought from Alexander Hyslope four years before. Robert Hoggart came to court and agreed the debts were correct, along with 16/- of expenses. §§ Adam Hoggard, meilmaker, was ordered to pay the Procurator Fiscal £5 Scots as a fine imposed upon him for deforcing the Officer when he was being poinded at the instance of James Hoggart in Mainrigg – he 'violently bereaved from the said Officer ane pott which he had poyndit.'

28 May 1698   Robert Hoggart ordered to pay £13 for oat meal bought from John Younger at  Mill at the previous Martinmas.  Robert Hoggart was also ordered to pay Thomas Sklaitter at Newton Mill 20/- as the outstanding part of the price of a cow bought from him four years previously.  Robert Hoggart and his wife Agnes Hoggart ordered to pay Jannett Inglis in Lochtoune £29:-/4 Scots remaining from the £39:4/- they were due to pay for 4 bolls of oats a year before.

5 November 1698   William Thomsone, weaver, allowed to enter a claim for the value of oats which his wife claimed had been received by Robert Hoggart. Meanwhile, Thomas Hoggart ws ordered to build up the dyke at the east end of his yard at his own expense, his ground being the nearest to this dyke. Anyone breaking down the dyke thereafter to be liable to a fine of 12/- Scots

11 November 1699James Haggart in Mainrigg ordered to pay Bessie Swanstone in Hume the sum of 40/- Scots, a debt incurred by Haggart's servant Agnes Sounnis. He appeared in court and confirmed that the debt was just.

20 April 1700  Adam Charteris and Alexander Hyslope, indwellers, were ordered to pay Andro Hoggart, carrier, the sum of £7:3/8 Scots to indemnify him for his loss on the previous Martinmas when he was to deliver a certain quantity of bere to Andro Peirie in Prestonpans. Charters and Hislop did not give him the full quantity of bere and he was forced to make up the deficiency at a cost of £8. Hoggart was however indebted to the merchant for 7 pints of ale at 2/4 the pint, and therefore took this 16/4 off the sum owing him. §§ Once again James Haggart in Mainrigg was in trouble, ordered to pay Adam Richisone £10 Scots for work done by him three years before.

29 May 1703  James Hogart ordered to pay outstanding sum of £4:5/- Scots to Robert Pringle, merchant in Home, for merchandise received  two years before. §§ Agnes Lamb, widow of deceased Thomas Underwood wright claimed that James Hogart owed her £3 Scots, which she and her lat husband had paid to Thomas Simm for ploughing their land in March 1700. She also claimed 16/- for ale and other items supplied by her to James Hogart three years before. Hogart appeared in court and agreed with the debts, alledging however that there was compensation. Judgement that he was liable for the £3:16/-, but other matters were to be discussed by the Burlae Court in eight days time.

13 November 1703 John Currie was ordered to pay David Hogart £30:19/- made up of the price of a mare bought from Hogart at last Midsummer, together with some borrowed money. He was also due to pay Elspeth Hoggart, daughter of this David Hogart, £8:1/6 for 17 ells of linen cloth which she had sold him last midsummer. Currie did not appear to contest the debts, and was in addition ordered to pay 3/- of expenses.

3 June 1704  Andro alias David Hoggart, Andro Hoggart carrier, and Thomas Hoggart were ordered to pay James Wilson (servant of Alexander Lowrie, tenant in Queenscairn) £5 Scots which was owed him by the James Hogart late in Stichill;  this sum was arrested in their hands as a debt due to them by the said James Hoggart. §§ Thomas Galbreath ordered to pay Adam Hoggart wright £3 Scots, the price of a chest bought by John Henderson at the previous Easter, which Galbraith had promised to pay for.

18 November 1704 Adam Hoggart carrier ordered to pay Alexander Wilson, 54/- Scots as the remainder of 'ane house-maill possesst be the Defender pertayning to Janet Lamb, spouse to the Complainer four years since'; the rest of the sum complained of to be continued to the next Court day when Janet Lamb was to appear.

5 May 1705  Andro alias David Hogart elder, Andro Hogart caryer, and Thomas Hogart Calseyend ordered to pay John Brunton smith £5 Scots owed by James Hogart sometyme in Stitchill, which they promised to pay. §§ Andro Hogart, ordered to pay to James Dickson, tenant at Park End, £16:10/- as the remainder of 6 bolls of oats bought by him equally from James Dickson and Robert Giffan in Sweethope two years before.

10 November 1705  Adam Hogart was ordered to pay Thomas Lawrie in Smailholme Spitle £3:19/- Scots remaining from a greater sum due to Lawrie from Hogart according to his Bond; together with legal costs of 12/-

16 November 1706  Andro Hogart carrier was ordered to repay 59/4 Scots which he had borrowed four years before from Andro alias David Hogart younger.  Adam Charteris ordered at the same time to pay Andro alias David Hogart younger £5:6/8 Scots as the balance of the price of a 'bargain of oats' sold for him at Dalkieth at Lammas in the previous year.

24 May 1707  David Hogart ordered to pay John Paterson, weaver in Stichill, 10/8 for 8 ells of sacking cloth which he made for Hogart at Candlemas two years before. §§ James Service, Alexander Hislop, James Turnbull and Adam Hogart, tenants in Stichill, lodged a claim against John Richison, diker there, for themselves and in the name of the neighbourhood, for his failure to build four sheepfolds which he was contracted to do.

8 November 1707  Alexander Lowry to head a group comprising Adam Hogart wright, John Underwood beddell, George Hamilton tenant, John Donaldson and Richard Givan, to consider petitions concerning the removal of headstones. Their report was signed by Lowrie, Donaldson, Givan, Hogart, Hamilton and Underwood.

8 May 1708   Alison Hogart was fined one shilling sterling for breaking a fir tree branch 'at her own hands without liberty given to her' to do so.

6 May 1710  David Hogart was one of a group of  six men sworn in as Bourlaemen.  James Dicksone and John Younger were asked to arbitrate on a claim on behalf of Alexander Hislops against Andro Watson and Thomas Hoggart, and ruled that they should pay Hislop £7:10/- Scots together with expenses.

30 April 1712  Andro Hogart carrier was ordered to pay to Adam Hogart carrier a total of £6:17/- Scots, made up as follows: 42/- Scots borrowed a year before, 20/- Scots for carrying meal to Edinburgh at the same time, and £3:15/- 'uplifted be the defender in name of the Complainer in Edinburgh for which he made no Compt to the Complainer'.

8 November 1712  Andro Hogart was ordered to pay Elspeth Paterson 8/- Scots as the remainder of weaver work carried out a year before by her father, the deceast John Paterson; also 10/- as the price of five capfulls of 'meall of bountith';  also 7 pence as the price of half a peck of oatmeal.  

30 May 1713  Thomas Hogart was ordered to pay John Mack, tenant in Gordon Mains, the sum of £10 Scots as the remains of the price of certain sheep which Mack took oath he had sold to Hogarth three years before.

14 November 1713  Adam Hogart carrier was ordered to pay to Mr John Dicksone, Minister at Lantrive, the sum of £32:6/- Scots as the price and value of victuals bought from Dickson's father 17 years before. Hogart failed to answer the summons to appear in court and was deemed to have admitted the debt.

10 November 1716  Issobell Hoggart was fined £5 Scots for using scandalous expressions against Barbara Wilson and her daughter Issobel Henderson, which she admitted. On the other side, Isobel Henderson, wife of Alexander Hislop, was fined £5 Scots for 'scandelizing the said Issobell Hogart in her good name by calling her ane Common hour and affirming that she had parted with bairne ane twelve months since, and severall other opprobrious expressions and imprecations.' This was confirmed by reputable witnesses.  Further, Issobel Hagart was ordered to find caution for her good behaviour with her neighbours, under the penalty of £5 Scots for each offence. And likewise the two Issobel Hendersons, and Alexander Hislop her husband, were also ordered to keep the peace and be of good behaviour with their neighbours under penalty of £5 Scots for each offence. (Simeon Marjoribanks, wright in Stichill, was fined £1:10/- for contumacy, by speaking in Issobel Hogart's cause after he was discharged.)

8 May 1717  Issobel Purves, wife of Robert Hogart, was fined £10 Scots for deforcement of John Lawry, the Barony officer. Issobel Purves, wife of Robert Hogart, was also accused with the support of the Procurator Fiscal and at the instance of Issobell Learmont, wife of Robert Purves, of scandalously calling her 'whoor, theif and loon' and was fined £10 for contumacy.

2 November 1717 The case of Isobel Purvis, wife of Robert Hogart, continued to exercise the Baron Court.  Joan Haliday (widow of Alexander Lowry in Queenscairn), Issabel Cramont (servant to John Lowrie in Queenscairn) and Issobel Brown were summoned to appear as witnesses in the action of scandal pursued by Issobel Learmont against Issobel Purves. They failed to appear in court, and were each fined half a crown with a fine of £10 against each if they did not appear at the next sitting of the Court.

10 May 1718  Issobell Purves, wife of Robert Hogart, was summoned to appear in the action of scandal pursued against her by Issobell Learmont, wife of Robert Purves. She did not do so, and was once again fined £10 Scots for contumacy and was ordered to be cited at the next sitting of the court.  No more is heard of this action, however.

17 May 1723 Issobell Hagger was one of 21 members of the community against whom a claim was pursued by the Procurator Fiscal for cutting and pulling whins, contrary to the Acts of the Baron Courts. Each was fined 12/- Scots for contumacy.

18 May 1725  George Hamilton, David Hogarth, John Miller, James Aitchison, John Richardson, Simon Marjoribanks, Joan Innes and Alexander Hyslop, indwellers in Stichill, were fined 10/- Scots each for non-payment of the salary of Andrew Whale the schoolmaster, and ordered to make payment of their respective contributions.

10 June 1727  'This day booked in order for marriage, George Walker in this parish [Melrose] and Isobel Hoggart in the parish of Stichill; Robert Penman in Melrose, cautioner.'  [ Melrose Parish Registers... ed. Romanes; Edinburgh, SRS, 1913. p.141]

12 May 1737  Catherine and Issobel Gotterston, Alison Hoggart, Will Wilson and Robert Thomson, all indwellers in Stichill, were ordered to pay to Mr John Beveridge school fees for teaching their children as follows: ... Alison Hoggart £4 Scots ...   

5 January 1783  William Fair, tenant in Stichill Mill, and Adam Spiers, servant of Mr James Hogarth, tenant in Baillieknowe, brought a complaint before the court to the effect that Jasper Aitchison in the Barlae Mill kept the mill in bad order. The judge concluded that the charge was groundless and fined both of them 10/- sterling for calumny.

16 November 1793  The Bailie ordered all the tenants and cottars within the Barony of  to pay the Clerk of the Court one halfpenny sterling per householder. James Hogarth, tenant in Baillieknowe, headed the list of six tenants who did not comply, and were fined 2/6 sterling each 'for their contempt and disobedience in not attending said Court'.

16 November 1805  'Messrs Peter Johnstone, Sweethope, George Johnstone, Eastfield, James Hogarth, Baillieknowe, were attending their duty as yeomen which was sustained as a sufficient reason for their being absent' but five others who failed to appear or send any person in their place were fined 2/6 sterling each for contempt of court.

All you ever wanted to know about Stichill

Go back to the Reference Section index