Our first extract is one of common occurrence, and similar ones might be
picked out of almost every second page. Alexander Cumming and James
Cumming, both burgesses of Inverness, quarrel. Mutual friends became
security for each that they shall keep the peace and do one another no
harm, under the penalty of 300 merks. In some instances the penalty is
larger, and in others smaller, just according to the circumstances of
the individuals:--
"The Head Burgh Court of Inverness after Michaelmas, held within the
Tolbooth of the same by James Cuthbert of Easter Drakies, Provost,
Andrew Fraser, Wm. Paterson, elder, Bailies, conjunctly and severally,
the 1st day of October, the year of 1621 years, the suits called, the
Court fenced and affirmed as use is: That day, Wm. Gray in Inverness is
become acted surety, cautioner and lawburrows for Alexander Cumming,
burgess there, that James Cumming, burgess of the said burgh, shall be
harmless and skaithless of the said Alexander, in his body, goods and
gear, in all time coming, otherwise than by order of Law and Justice,
under the pain of 300 merks money, and the said Alexander is become
acted for his said cautioner's relief, whereupon took Act of Court."
(Signed) "JAMES DUFF, Clerk."
"That day William Robertson, elder, burgess of Inverness, is become
acted surety, cautioner and lawburrows for James Cumming, that Alexander
Cumming shall be harmless and skaithless of him, in all time coming
otherwise than by order of Law and Justice in his body, goods and gear,
under the pain of 300 merks money, and the said James is become acted
for his cautioner's relief, whereupon, &c.
"The Justice and Burgh Court of the Burgh of Inverness, held [as above]
the 25th day of October the year of God 1621 years, the suits called,
the Court lawfully fenced and affirmed as use is."