The Highland monthly - National Library of Scotland

The Estate of Bzight. 15
witnesses underwritten, personally compeared Malcolm,
Abbot of Aberbrothoc, and also James Ogilvie, bailie of
the said father in that part, which James by the precept of
the aforesaid father there personally present, by taking of
stone and earth at Bucht and upon the ground thereof,
recognosced the same on account of the alienation made,
the license of the said father and his convent not being
sought nor obtained thereupon : Also on account of the
non-payment of the service due and wont to the said father
and convent : Inhibiting Hugh Hostlar, the precended
•occupier of the lands of Bucht, or any other, to intromit
with them until they should be lawfully repledged, upon
which the said father asked a public Instrument to be
made to him by me. These things were done at Bucht,
there being present Alexander Flemyng, Thomas Cuthbertson,
John Monelaw, Andrew Monelaw, and John
Young.
" And I, Alexander Thornton, notary in the premises,
was present, etc."
Abbot Malcolm rsnewed the instrument in 1460 :^
" In the name of God, Amen :
By
this be it known
that in the year of the Incarnation of the Lord 1460, on
the i8th of June, the 8th indiction, and second year of the
Pontificate of Pope Pius II., in the presence of me and the
witnesses underwritten, personally compeared Malcolm
[etc., as in foregoing]. These things were done at Bucht,
present, Gilbert Stewart, Walter Stewart, James Guthre,
Thomas Brown, and Patrick Hay—and I, Alexander
Thornton, notary in the premises, was personally present,
etc."
While the Abbot was firm, John Haliburton (his
parents being by this time apparently dead) was obdurate,
acting defensively and offensively. In 1463 John has to
yield for the mom.ent, and makes his submission as
follows :
—
By this let it be known
that in the year from the Incarnation of the Lord 1463, the
I2th indiction, and nth day of the month of August, and
the 6th year of the Pontificate of Pope Pius II., John
Halyburtoun of Kynrossy obliged himself to make restitution
to Sir William Noble, monk, in the name of the Abbot
.and Convent of Aberbrothoc, of a horse taken by the said
" In the name of God, Amen :