and priveleges at any time byegone granted to us and our predecessors by our Sovereign Lord or his predecessors, and the Estates of Parliament of this Kingdom, in favour of a free burgh of our Barony of Lenzie, and particularly and without prejudice to the generality above written, the liberty of holding all sorts of Mercats competent to any burgh of barony according to the laws of this Kingdom, and of erecting admitting and receiving all trades competent to such burghs, together with a weekly Mercat to be held the last day of every week, and liberty and privelege of having and holding two free fairs yearly . . . and with two other free fairs yearly if we shall obtain the same from our Sovereign Lord the King in our infeftments, to be holden also within the said burgh . . . reserving nevertheless to us, our successors and assignees in all time coming for our use and behoof the customs great and small of the said fairs and weekly mercats, together with all right, title, and interest, claim of right, property or possession, petitory or possessory, which we or our predecessors, heirs and successors had, have, or any way can claim, or pretend to have, to the foresaid lands, burgh of barony, priveleges, immunities, liberties, offices and others, specially and generally above written, with the pertinents or to any part thereof, or to the mails, profits, duties, and emoluments thereof, for all years or terms byegone or to come, on account of ward, relief, nonentry, escheat, liferent, forefaulture, recognition, purforesture, disclamation, bastardy, last-heir, or any other way, infeftments, sasines, retours, or other writs of the lands and others before written, reduction, nullity or disposition of the said haill lands or greater part thereof, defect of confirmation, insufficient proof of holding, or change thereof, non-payment of feu duties due forth thereof, obliteration or loss of ancient evidents, or by virtue of whatever Acts of Parliament, or other acts of the law, or constitution of the said Kingdom of Scotland, or any other right or title whatsoever, or for whatever other cause byegone, preceeding the day of the date of these presents, renouncing, transferring, and overgiving the same, with all action, instance, and suit therefor from us, our heirs and successors, in favour of the said baillies, burgesses, community and their successors, now and for ever promising not to gainsay, and supplying all other defects and imperfections whatsoever, as well not named, as named, which we will to be held as expressed in this our present charter. Reserving nevertheless forth of our

foresaid charter, and infeftments following thereupon, to us and our successors, that part and portion of land lying in the Croft of Kirkintilloch, upon the east side of the water of Luggie commonly called the Unthank, belonging to the said land of Eistermaynes, as presently possessed by our tenants thereof, and according to the march stones therein fixed, and to be fixed, and in-putt. And sicklike reserving the Kirklands within the said burgh, on the west side of the water of Luggie, viz. these two acres of land or thereby, and the houses and yeard in the East Croft of Kirkintilloch, commonly called the Vicar Land, belonging to James Fleming of Oxgang, and holding of our Sovereign Lord the King, and these other two acres of land, and yearly rent of six merks money foresaid, belonging to John Stark of Auchinvoil, commonly called Priestland, and holding of us, and the Prebends of Biggar, and also with that half acre of land, lying in the west end of Kirkintilloch, together with that yard in the middle of the said Burgh, commonly called the Lairdie-yeard belonging to Mr. James Fleming, and holding or us, and the Chaplains of Kirkintilloch, all bounded as is contained in the infeftments thereof. As also specially providing, that it shall not be leisin to the said baillies, burgesses, community, and their successors to apply for any use the foresaid vacant pieces and portions of land upon the west side of the said water near the Tolbooth bounded as above, but to keep them empty as a fit place for publick Mercat in time of Fairs, and the weekly Mercat above written, for which use allenarly the foresaid pieces of land are given by us to them, and not otherwise. Having and holding, all and haill the foresaid burgh lands, and tenements of lands of the said town and burgh of Kirkintilloch, with houses, buildings, yeards, common, muir-lands, commonly called the Newland Maillings, burgh-acres, priveleges, parts, pendicles, and pertinents thereof foresaid, extending, lying, and bounded as above, by the said baillies, and their successors in the office of bailiary, to be chosen yearly by the said burgesses, and by the said burgesses, their heirs and assignees foresaid of us, our heirs and successors in feu farm and heritage for ever, by all their righteous marches and divisions, old and new, as they lye in length and breadth, with houses, biggings, yeards, crofts, plains, ways, roads, waters, lakes, lochs, rivers, mosses, muirs, meadows, grass, and pasturage, fowling, hunting, fishing, peats, turfs, cunings, cuningairs, doves, dove-coats, coals, coalheughs, woods, forests, and

growing timber, brewing, breweries, forges, and broom, stones, stone-quarries, stone and lime, with courts their exits and amerciaments, herezelds, and common pasturage, with free ish and entry, and all and sundry other liberties, advantages, profits and easements, as well not named as named, as well above ground as below, as well far as near, rights and priveleges belonging or that may belong to a free burgh of barony, freely, quietly, fully, entirely, honourably, well, and in peace, and as freely as any burgh lands and tenements within a burgh of barony in Scotland are had and holden by any whatsoever (reserving as above reserved). Paying thence yearly, the said baillies, burgesses, and heritors of Kirkintilloch, or their heirs and successors above written, to us, our heirs and successors, or to our Chamberlains in our name, the sum of twelve merks, usual money of this Kingdom of Scotland, as the yearly rent and feu duty, for the foresaid lands, at the two usual terms in the year viz. Whitsunday and Martinmas in winter, by equal portions, together with the services used and wont to be done to us, and our predecessors in time byegone. And also the heirs of the said burgesses, and their heirs successively paying to us and our successors the sum of ten merks money foresaid for each of their entry by the said baillies to a whole New Land Mailling, and the sum of five merks to a half thereof, when it shall happen, and the singular successors of the said burgesses paying to us, and our foresaids the sum of twenty pounds money above written for each of their entry to a whole New Land Mailling, and the sum of ten pounds to a half thereof, and although the said baillies, burgesses, and their foresaids formerly had set to them in Tack the said teinds of Kirkintilloch, in virtue of said contract by which, and now by this our charter they are bound to pay to us and our foresaids, the same sums and entry, yet, nevertheless, we declare by these presents that the said clauses shall not at all infer double payment of the said sums for entry, but shall be in all time coming in full satisfaction to us and our successors for our confirmation of the said evidents and lands above written, and for all other burden, exaction, question, demand, or secular service that can be required in time coming for the said lands, or for the entries thereof by whomsoever. And we the said William, Earl of Wigtoune, our heirs-male, as well of line, as of tailzie, provision, or conquest, executors, and successors whatsoever shall warrant, acquit, and for ever defend against all mortals, the foresaid charter.

Moreover we have given and granted and give and grant to the foresaid

baillies, burgesses, community and their successors, our full consent to obtaining confirmation of our Sovereign Lord under the great seal of Scotland of these presents.

In witness whereof these presents (written by David Calder, Writer in Monkland) are subscribed with our hand, and our proper seal is appended at Cumbernauld the twentyseventh day of the month of December, in the year of our Lord one thousand six hundred and seventy. Before these witnesses Mr. Charles Fleiming our brother german, Mr. Robert Bennet, Minister of the Kirk of Kirkintilloch, Mr. Anthony Murray, our chamberlain, and George Murray our servant, and the said David Calder, (sic subscribitur) Wigtoune, Charles Fleiming testis, R. Bennet testis, A. Murray testis, Georg Moray testis. D. Calder testis."

Kirkintilloch is the chief town of the parish of its name; and stands forty miles west from Edinburgh, twenty southsouth west from Stirling, sixteen east from Dumbarton, sixteen west from Falkirk, seven north from Glasgow, seven west from Cumbernauld, five south-west from Kilsyth, four south-east from Campsie, and five south-east from Campsie Glen.

Its situation is from one hundred and fourteen to two hundred and fifty feet above sea level; on the Forth and Clyde canal, the Lenzie and Aberfoil branch of the North British Railway, and on Luggie water, adjacent to its influx to the Kelvin.

The Earl of Wigton against the Town of Kirkintillocb. E. CONTRA, DECEMBER 20, 1733.

It would appear that the relations between the earl and the town were not always of an amicable nature, as shewn by a Process bearing the above title-the subjects of litigation. being the jurisdiction of the earl over Kirkintilloch, and whether or not the burgh was thirled to the mill of Duntiblae. As the names and residences of the witnesses are interesting, and the evidence is curious, as revealing circumstances of the past, we give extracts-the document being much too long to be quoted in full.

THE EARL'S WITNESSES.

James M'Nair, late bailie in Kirkintulloch, aged 84, depones: That for forty years and upwards, the bailies of the Burgh of Kirkintulloch, have been in use to attend and answer the Earl of Wigton's three head courts at Cumbernauld each year, of the four years he was bailie; and that at the deponent's going to the said courts, his neighbour bailie went always along with the deponent to the said head courts. He knew the Earl of Wigton by his bailies, abstract from the two present bailies of the burgh, has always been in use to hold courts at Kirkintulloch, at which the bailies of the said burgh were present; but that my lord's bailie did sit as sole judge, and that the earl's bailie was in use to hear complaints made by the bailies, burgesses and other inhabitants of Kirkintulloch, and to determine in them: Depones, that in all matters criminal, the bailies of the burgh did not meddle with the criminals, especially in bloodwit, but referred to the Earl of Wigton's bailie for the time, to be judged and punished by him: Depones, he has seen the bailies of Kirkintulloch and several other burgesses attend and wait upon the Earl of Wigton's bailie at riding the fairs of Kirkintulloch and Cumbernauld: Depones, he knew the Earl of Wigton's bailie to have been in use to give regulations, with consent of the two bailies of the burgh, anent their streets mending and repairing, and their markets and customs; and that he knew the earl's bailie and officer fine and punish the committers of crimes within the said burgh