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Our sovereign lord, with advice and consent of the estates of parliament, has ratified and approved and, by this act, ratifies and approves a submission, with the decreet arbitral after-mentioned following thereupon, and the decreet of registration underwritten interposed thereto, whereof the tenor follows.
At Edinburgh, 20 March 1678, the which day, in the presence of the lords of council and session, compeared Mr Thomas Learmont, advocate, as procurator for Robert, earl of Roxburghe, for himself and taking burden upon him for his vassals pretending interest in the commonty after-rehearsed, James Murray of Philiphaugh, sheriff principal of the sheriffdom of Selkirk, Sir William Kerr of Greenhead, Sir John Riddell of that ilk, Alexander Pringle of Whytbank, John Riddell of Haining, William Kerr of Sunderland Hall, John Scott of Synton, John Scott of Clerklands and Dame Elizabeth Douglas, widow of the deceased Sir Thomas Kerr of Fairnilee, as tutrix dative to and taking the burden upon her, her heirs and successors for Patrick Kerr, her eldest lawful son, parties submitters on the one part, and likewise compeared Mr John Ellis, advocate, as procurator for William Mitchellhill and William Waugh, present bailies of the burgh of Selkirk, for themselves and in name and behalf of the councillors and commonty of the said burgh undersubscribing, parties submitters on the other part, and in like manner, compeared Mr Richard Douglas, advocate, as procurator for Sir Alexander Dun of Newton and Robert Pringle of Clifton, as judge arbitrators nominated and chosen for the part of the said earl of Roxburghe and other heritors above-designed, and for Sir Patrick Murray of Dryden and John Scott of Woll, amicable compositors nominated and elected for the part of the said burgh of Selkirk, and gave in the submission and decreet arbitral underwritten following thereupon, subscribed with their hands, desiring the same to be inserted and registered in the books of council and session, and to have the strength of a decreet of the lords thereof interposed thereto, that letters and executorials needful may be directed thereupon, in manner therein contained, which desire the said lords found reasonable and, therefore, have ordained and ordain the same submission and decreet arbitral underwritten to be inserted and registered in their said books of council and session, decree the same to have the strength of their decreet and ordain letters and executorials needful to be directed thereupon, in manner therein mentioned, of the which submission and decreet arbitral following thereupon the tenor follows. And first of the submission at Selkirk, 19 and 20 May 1676, the honourable persons and parties underwritten, they are to say, the right noble and potent lord Robert, earl of Roxburghe, for himself and taking burden upon him for his lordship's vassals pretending interest to the commonty after-mentioned, James Murray of Philiphaugh, sheriff principal of the sheriffdom of Selkirk, Sir William Kerr of Greenhead, Sir John Riddell of that ilk, Alexander Pringle of Whytbank, John Riddell of Haining, William Kerr of Sunderland Hall, John Scott of Synton, John Scott of Clerklands, Dame Elizabeth Douglas, widow of the deceased Sir Thomas Kerr of Fairnilee, as tutrix dative to and taking the burden in and upon her, her heirs and successors for Patrick Kerr, her eldest lawful son, on the one part, and William Mitchellhill and William Waugh, present bailies of the said burgh of Selkirk for themselves, and in name and behalf of the councillors and community of the said burgh undersubscribing, on the other part. Forasmuch as the said parties, considering that the great and vast bounds of ground called the common of Selkirk, and by others after other designations as being parts and pertinents of the lands, baronies and other inheritances belonging to the several heritors under-subscribers, has for these many ages past not only lain unprofitable to both parties before-named, but also has been the seed and ground of much trouble, contention and debate amongst them, which prejudices they are most solicitous for the future to remedy, and they having, for preventing of the foresaid inconveniences, submitted the matter underwritten to the arbitrators after-named, who took great pains to settle these debates, but that submission being expired before they could make a final determination therein, therefore, and to the effect that the matter may be brought to a happy and final conclusion, they of new again have submitted and referred and, by this act, submits and refers their rights and interests and possessions of the foresaid common lands, and the meithing, marching and dividing between the said common lands and the proper lands belonging to the compromitters before-named, to the final sentence and decreet arbitral to be pronounced upon the back hereof, by Sir Alexander Dun of Newton and Robert Pringle of Clifton, as judge arbitrators, nominated and chosen for the part of the said earl of Roxburghe, and other heritors above-designed, and by Sir Patrick Murray of Dryden and John Scott of Woll, as amicable compositors, nominated and elected for the part of the said burgh of Selkirk, anent the examination and determining and decreeing what parts and portions of the said common lands shall belong and pertain in time coming to the said Robert, earl of Roxburghe and other gentlemen and heritors above-named, each one of them for their own parts, and what part and portion thereof shall pertain and belong to the said burgh of Selkirk, and for clearing the said division, in all time coming, to set down march stones and to affix and declare such other meiths and marches as may clearly distinguish and divide every several heritors interest by themselves, and the interest of the said burgh of Selkirk by itself, and to decree and determine what shall be done by each one of the said parties to others for making these several divisions allotted to them sure and effectual, and for secluding and debarring all other pretenders from troubling or molesting the said parties in the peaceable possession of the proportions of the said common to be designed and appointed for them, the decision of the which matters, the said judge arbitrators have accepted and, by this act, accepts in and upon them, and promises and binds and obliges them to pronounce and give forth their final sentence amicable and decreet arbitral therein, between the date hereof and 1 November next 1676 instant, and whatsoever the said judge arbitrators, all in one voice, shall decreet, decide and deliver anent these matters the said whole parties for themselves and their representatives, binds and obliges them and their heirs to stand and abide thereat, underlie, fulfil and perform the same to others, conforming to the decreet arbitral to be pronounced thereon, without revocation or contradiction in all points, under the pain and penalty of £500 Scots money to be paid as liquidated expenses, by the party failing to the party observing, or willing to observe without defalcation in addition to the fulfilling of the said decreet, in token whereof the said parties have subscribed the blank on the back hereof, for inserting the said judges their decreet therein, with provision that this present submission, and decreet arbitral to follow thereupon, shall not prejudice the said earl of Roxburghe's right of the teinds of the said lands to whomsoever the same shall be decreed to appertain; it is always hereby declared that in case the said judge arbitrators shall not decree and determine in the said matter, that the entering in this present submission shall neither strengthen nor weaken any of the said parties' rights, nor infer any right to be in any of their persons, but what they can instruct by law, and all parties shall be in the same case and condition as they were in before the subscribing of this present submission, and as if the same had never been subscribed; and for the more security, both the said parties are content and consents this act with the decreet arbitral to be pronounced on the back hereof, is inserted and registered in the books of council and session, or into any other judges' books within this kingdom, to have the strength of a decreet of any of the judges thereof interposed thereto, that letters of horning on six days and others executorials needful may pass hereupon, and constitutes Mr Thomas Learmont, Mr John Ellis and Mr Richard Douglas, advocates, their procurators, in witness whereof (written by John Angus, burgess of Selkirk) both the said parties, submitters and arbitrators, have subscribed this act with their hands place, day, month and year of God above-written, before these witnesses to the subscription of the said earl of Roxburghe, other gentlemen and bailies above-named, Captain James Murray, uncle to the laird of Philiphaugh, William Turnbull, servant to the said Alexander Pringle, Samuel Fairholme, servant to the said James Murray of Philiphaugh, and Andrew Angus, town clerk of Selkirk, inserter of the date and the said witnesses' names, and to the subscription of the said councillors after-named, James Rein, one of the officers of the said burgh, George Dun and Andrew Angus, burgesses of the said burgh. (Signed thus) Roxburghe, James Murray, William Kerr, J. Riddell, Alexander Pringle, J. Riddell, W. Kerr, Elizabeth Douglas, John Scott, John Scott, W. Mitchellhill, William Waugh, Philip Scott, G. Murray, William Scott, Simon Halliday, Walter Halliwell, John Sinton, John Lidderdale, George Johnston, William Lowes, Henry Hall, Andrew Johnston, Richard Halliwell, John Haistie, J. D., James Wilkieson, J. B., R. R., John Angus, A. Dun, accepts,† Robert Pringle, accepts, Patrick Murray, accepts, John Scott, accepts; James Murray, witness, William Turnbull, witness, Samuel Fairholme, witness, George Dun, witness, Andrew Angus, witness, Andrew Angus, witness, James Kin,† witness.
Follows the tenor of the decreet arbitral.
We, Sir Patrick Murray of Dryden, knight, John Scott of Woll, Sir Alexander Dun of Newton, knight baronet, and Robert Pringle of Clifton, the judge arbitrators and amicable compositors elected and chosen for the parties, within-written in manner within-mentioned, having upon [...]† and several other days and diets, met upon the ground of the commonty of Selkirk within mentioned, and perambulated the ground, meiths and marches of the same, and seriously considered the burghs and the respective heritors their interests in the within-written commonty, and having taken exact information anent their interests and possessions therein, and considered the small advantage or benefit that hitherto has rebounded to any of the parties having interest, and the dangerous consequences of the manifold actions and pleas that has occurred amongst the said parties, tending several times to the disturbance of the peace and the great expense and trouble of the parties, and also the undoubted advantage that may accrue to the submitters by the division after-mentioned, by this act examines, determines and divides from commonty to property the lands after-specified, in all time coming, to the earl of Roxburghe and his vassals, the burgh and heritors within and after-named, each one of them for their own portions thereof, as we have meithed, marched, designed and divided in manner after-mentioned, namely: in the South Common of the said burgh of Selkirk we have divided from commonty to property, and decrees the same to pertain in heritage to the said burgh of Selkirk, in all time coming, as it is by us meithed and marched, that part of the said common which begins at the east side of Selkirk loaning at the head of the King Croft and then goes eastward by the King Croft dyke by the south side of the Potloch, by the lands now pertaining to John Waugh, burgess of Selkirk, and by the lands of William Mitchellhill, present bailie there, while you come to the easter grain of the burn that leads to the Deanhead at the back of the lands belonging to the said John Waugh, and then goes up the said burn until it comes to the easter grain of a strand that comes from Kittythistle, then up the strand to the well and from thence southward along the high street that leads to Midlem, until it comes to a march stone upon the westside thereof upon the Rampieknow, and then goes southwards to a march stone in the eastend of a slack† between the Rampieknow and the Hog Knowes, and then goes westwards by several meiths and marches down the said slack until it comes to a march stone upon the east side of Megsmoss, and from thence goes southwards by the said meiths and marches upon the west end of the Hog Knowes, until it comes to a march stone upon the north side of the Trinlie moss sike, and from thence goes through the sike by the several meiths and marches to a march stone upon the Newland braehead, and from thence goes down the Newland brae until it comes to a march stone at the back of Whitmuirhill dykes, and then turns westwards as the said dyke goes to Whitmuirhill Loch, and then goes up to the shore side of the said loch, by a willow bush within the same, until it comes to a march stone set up on an old dyke stead on the north side of Whitmuirlochhead moss, and so on an old dyke stead upon the south side of the said sike, that comes from the Kerswell and Kerswell moss, and then goes west the said old dyke stead upon the south side of the said sike, up through the middle of the said Kerswell moss, until it comes foreagainst the north end of Whitmuir dykes, and then turns south up the said dykes to a march stone upon the north side of Whitmuir loaning, and from thence goes down south-westward by the several meiths and marches through the Flashes, until it comes to a march stone on the east side of the Crovehall sike, and then goes up the said sike, by the meiths set thereupon, until it comes to another march stone on the east side thereof, and from thence goes through the said sike up a well strand on the east end of the Mirriecoats, to a march stone above the head of the said well, and then goes westwards, by several meiths and marches on the south side of the Mirriecoats, until it comes to the Blackhill sike, and so westward down the said sike, by the meiths and marches set thereupon, until it comes to a march stone on the south side of the same, and from thence turns northward, by several meiths and marches through the west end of the Mirriecoats, by the west end of the Loganfalds, until it comes to a march stone on the west side of the high street that leads through the Mirriecoats, and from thence goes along the high street to a march stone on the west side of the same, and then crosses the said street north eastward, by the several meiths and marches, to a march stone upon the west end of the Longcomb, and from thence goes eastward along the head of the comb, until it comes to a march stone upon the west side of the Croveholl sike, at the head of the moss called the Dryloch, and then turns northwest down the south side of the said Dryloch, by the several meiths and marches, until it comes to a march stone upon the south side thereof near to Cussingsheill, and from thence goes through the west neuk of the said moss to a march stone on the west side of the same, on the east side of Gilmiscross, and then goes northwards, by the edge of the said moss, to a march stone on the west side of the foot of the Nethermoss, and from that to the Pickmaw burn, and then goes down the said burn until it comes to the Nether Damstead side, and so goes northwards along the head of the said Damstead, until it comes to a sike running through the Clyholls, and then goes down the middle of the said Clyholls, until it comes to a small green road coming to the said sike on the north side of the king's high street that leads to Selkirk, and then goes up the said small road until it comes to a march stone on the head of the knowe on the west side of the said high street, and then turns northwards, by the several meiths and marches, through the head of a hill until it comes to a march stone at the back of the Combcroft, and then goes eastwards to the east side of the said loaning called the King Croft where the said march began. Item, we decree to pertain in property to Sir John Riddell of that ilk, which we have separated and divided from the commonty in manner foresaid, that part of the said common beginning at a grey stone on the north side of the Greenside burn, and on the east side of Hoglair burn, and then goes up the Hoglair burn to a march stone upon the south side of the same, and from thence goes southwards to a march stone set upon the waterfall of Longmeadow Rig, and then goes west the said Longmeadow Rig, by the meiths and marches set thereupon, until it comes to a march stone upon the south side of the Reidiesyke and then turns southwards along a road until it comes to a march stone on the east side thereof, on the west end of the Birnie Knowe, and then goes southwards through the west end of the Birnie Knowe to a march stone set upon the south side of the same, and from thence to a grey stone upon the east side of Lonheadmoss, which is Riddell's own property. Item, we decree to pertain in property to John Scott of Clerklands, which we have separated and divided from the commonty in manner above-specified, that part of the said common beginning at a march stone on the west end of the Birnie Knowe, and from thence goes northwards to a march stone set thereupon adjacent to the high street upon the east side of Clerklandsmoss, and then goes along the high street northwards, by the meiths and marches set thereupon, until it comes to a march stone set upon the south side of the Reidiesyke, and from thence goes westward down the said sike until it comes to the Reidiesyke moss, alias called the Ladywoodedge, and then goes southward from the said moss up the hill to a march stone upon the head thereof called the Roavehouse. Item, we decree to pertain in property to John Scott of Synton, which we have separated and divided from the commonty in manner above-written, that part and portion of the said common beginning a little west of the Roavehouse, and from thence goes northwards down the said hill, by the meiths and marches, until it comes to the east end of the Reidiesyke moss, alias called the Ladywoodedge, and then goes eastwards up the north side of the Reidiesyke until it comes to a march stone on the north side thereof, and from thence goes northward, by the meiths and marches, up an old dyke stead on the west side of the Croveholls, until it comes to the Croveholl sike and then goes down the said sike to a march stone on the west side of the same, on the east end of the Blackhill, and then goes westward, by the meiths and marches, by the south side of the Mirriecoats, until it comes to the Blackhill sike and then goes down the said sike to a march stone, upon the south side thereof, and from thence goes southward through the west end of the Blackhill, until it comes to a sike that comes from the Ladywood moss and to Synton's own property, reserving always to the said burgh of Selkirk liberty of winning and casting of peats in the said moss called the Ladywoodedge, and free ish and entry thereto as formerly before the date hereof. Item, we decree to belong in property to [...] of Hartwoodburn, as that which may fall and to him pertain for his share of the said common as heritor of the said lands of Hartwoodburn, which we have separated from the commonty in manor above-written, that part of the said common beginning at the south side of Hartwoodburn dykes, and from thence goes southwards by the east side of the Thornecastle bog to a march stone upon an old castlestead, called Thornecastle, and then goes eastwards by several meiths and marches to another march stone upon the west side of the high street, that leads through the west end of the Mirriecoats and then goes southwards along the said high street to a march stone upon the west side thereof, and from thence crosses the said street and goes southwards by several meiths and marches on the west end of the Mirriecoats, until it comes to a march stone upon the north side of the Blackhill sike, and then goes downward, crossing the said sike by five meiths and marches upon the west end of the Blackhill, until it comes to a sike that comes from the Ladywood moss, and so goes down the said sike until it comes to where the said march began. Item, we decree to pertain in property to John Riddell of Haining, which we have separated and divided from the commonty in manner foresaid, that part and portion of the said common beginning at the back of the lands of Philip Scott, burgess of Selkirk, called the Combcroft, and then goes southwards, by several meiths and marches, until it comes to a small green road on the north side of the high street, and there goes down the said road to a sike called the Clyholls, and from thence up the middle of the said Clyholls and east end of the commonrig to an old damstead coming by the east end thereof, and from thence goes along an old damstead called, the Nether Damstead, until it comes to the Pickmaw burn, and then goes up the said burn to a march stone upon a knowe head on the west side of the Nethermoss of the Dryloch, and from thence by the west side of the said Dryloch, until it comes to a march stone set thereupon near to Cussingsheill, and then goes through the west neuk of the said moss called the Dryloch to a march stone on the east end of the Mirriecoats, and from thence goes up the west side of the said moss until it comes to a march stone on the west side of the Croveholl sike, and from thence goes westward up the brae, by several meiths and marches, along the head of the Langcomb, until it comes to a march stone on the west end of the same, and then goes northward by the east side of the Thornecastle bog, by several meiths and marches, to Hartwoodburn dykes, and from thence by the proper marches of Hartwoodburn, to the proper marches of Haining, until it comes to the place where the said march began. As also, that part and portion of the said common beginning at the foot of Howdenburn, and from thence goes down the water of Ettrick, until it comes to the lands of Patrick Wilson, tailor, burgess of Selkirk, and thence goes up a slack to the high street that leads to the said burgh and then goes westwards along the high street to the west end of Scotsdykes, which is Haining's own property, and which part and portion of the said common hereby divided from the commonty, and declared to remain in property with the said John Riddell of Haining, is in full satisfaction and contentation to him of any other proportion of the said commonty which the said John Riddell can in any way ask and claim, by whatsoever interest, right, title or pretence; as also we do hereby declare that the said portion of the said commonty lying at the west side of Selkirk loaning, and the sike that comes from the Clyholls, is to remain common between the said burgh of Selkirk and the said John Riddell, until there is a sufficient and fencible dyke built by him thereupon. Item, we decree to pertain in property to William Riddell, advocate, for his lands of Friarshaw and Burlands, which we have separated and divided from the commonty in manner foresaid, that part and portion of the said common beginning at a march stone at the back of Midlem dykes, and then goes westwards through Greenside, by several meiths and marches, to a march stone upon the same, and then turning southward down the brae until it comes to Greenside burn, and then goes down the said burn until it comes to the south end of Midlem dykes, and then goes up the said dykes until it comes to where the said march began. Item, we decree to pertain in property to John Curror of Whitmuir, for his lands of Howden, that part and portion of the said common, presently possessed by the said John, lying on the west side of the water of Ettrick, between the lands of Carterhaugh and the other common ground untilled lying there, as also that part thereof lying on the south side of the said water of Ettrick, between the property of Howden and the said water. Item, we decree to pertain in property to Robert, earl of Roxburghe and his vassals, which we have separated and divided from the commonty in manner foresaid, that part and portion of the said common that begins at the foot of a burn which comes from Whitlawhouse moss, and divides the property of Lindean and Greenhead, and from thence goes to the east side of the said burn, by the proper marches of Whitlawhouse, until it comes to the proper marches of Nether Whitlaw, and then goes by the proper marches thereof to the proper marches of Holydean, and from the proper marches of Holydean by the proper marches of North and South Preiston, until it comes to Midlem dykes, and from thence by the proper marches of Midlem, until it comes to a march stone in the east end of Greenside, and then goes westwards, by the meiths and marches set thereupon, to a march stone set upon the same and then goes southwards down the brae, by several meiths and marches, to a burn, called Greenside burn, and then goes westwards up the said burn by the proper meiths of Riddell, until it comes to a grey stone on the north side of the said burn and on the east side of the Hoglair burn, and from thence goes up the said burn to a march stone upon the south side of the two sikes, one coming from Whitmuir moss and the other by Whitmuir dyke back, and from thence goes southwards to a march stone upon the waterfall of Longmeadow Rig, and from thence goes west, by the meiths and marches set thereupon, to a march stone upon the south side of the Reidiesyke, and then goes northward through the said sike upon an old dyke stead at the west end of the Crovehills, by several meiths and marches, until it comes to the Crovehill sike, and then goes down the said sike to a march stone upon the west side of the same upon the Blackhill, and so northward down the said sike until it comes to a march stone upon the east side thereof, and from thence goes eastwards, by several meiths and marches, up through the Flashes, until it comes to a march stone upon the west side of Whitmuir dykes, and then goes northwards down the said dykes until it comes to the north end thereof, and then goes eastwards up through the middle of the Kerswell moss, upon an old dyke stead, until you come to an old march stone upon the south side of the sike that comes from the Kerswell and Kerswell moss, upon an old dyke stead, and then goes east the said dyke stead, by several meiths and marches, in a direct line through the north neuk of the Lochhead moss, to a willow bush upon the shore of Whitmuirhill loch, and then goes eastwards the shore to Whitmuirhill dykes, and from thence east the said dyke to a march stone at the back thereof, and then goes northwards to a march stone upon Newland braehead, and then goes, by the several meiths and marches, northward to a march stone upon the north side of the Trinliemoss sike, and then goes northwards, by several meiths and marches upon the west end of the Hog Knowes, to a march stone upon the east neuk of Megsmoss, in a slack between the Hog Knowes and the Rampieknow, and then goes east the said slack to a march stone set upon the west side of the street that leads to Midlem, and then goes northwards along the said high street until it comes to a well called Kittythistle, and from thence goes down the current strand thereof until it comes to a march stone upon the easter grain of the same, until it comes to the Dean Burn and then goes down the said burn, by the easter grain thereof, until it comes to a march stone at the back of the proper lands of John Waugh, burgess of Selkirk, and from thence to the proper marches of Greenhead, and from thence, by the several marches thereof, until you come to the ford of the sike that comes from Whitlawhouse moss, where the said march began; of which part and portion of the said common, we decree and ordain to pertain in property to Sir William Kerr of Greenhead, hereby separating the same from the commonty in time coming, that part and portion thereof beginning at the easter grain of the burn that leads to the Deanhead, from the back of John Waugh's lands, and then goes up the said burn until it comes to the easter grain of a strand that comes from Kittythistle, and then goes up the current of the said strand to the said well called Kittythistle, and from thence goes east the high way that leads to Midlem, until it comes over against the north side of the Murder Moss, and then strikes over to the north side of the said moss until it comes to the east side of a pickwork,† and from thence goes up a narrow road upon the east side of the said pickwork, straight over to another road that marches Greenhead's property from the common, until it goes to a little ford of a burn that comes from Whitlawhouse moss, where the property of Greenhead and Lindean meets. Item, as to that part and portion of the foresaid commonty commonly called the North Common, we decree to pertain in property, to the said burgh of Selkirk and inhabitants thereof, which we hereby separate from the commonty in manner foresaid, that part and portion of the said North Common beginning at the march stone upon the north side of the water of Ettrick, just opposite to the Cobleheugh, upon the west side of a road that leads from the Coble to the holm foot, and then goes eastwards down the water of Ettrick, until it comes to the Nettly burn foot, and then goes up the said burn until it comes to the Linglie moss, and then goes up through the middle of the said moss until it comes to a march stone upon the north side of the same, and from thence goes northwards up the hill, by the several meiths and marches, until it comes to a march stone upon the head of the Singingside, and then goes northwards by a march stone on the Blaeberry Knowe and several meiths and marches through Earnistruther, until it comes to a march stone on the head of Stonefald brae, and then goes northwards, by several meiths, to a march stone on Deullymoss knowe, and from thence to a march stone on the east end of Deullymoss, and then goes from the said march to a sike that comes from Deullymoss and then goes down the said sike to a march stone upon the west side of the same, and from thence goes north-westwards, by a march stone at the Welleyheids, until it comes to another march stone on the northside of Deullyden sike, and then goes up the said sike, by several meiths and marches, to a march stone on the northside thereof, and from thence goes northwards along a street called the Fannielaw gate, up a green road, by several meiths and marches, until it comes to a march stone upon the south side of the high street that leads from Minchmoor, at the east end of the Peat Law and the back of the Hollands, and from thence goes westwards along the said high street by the southwest side of the Red Score until it comes to a march stone upon the south side thereof, and then goes northwards up the hill, by the several meiths and marches, to the middle cairn of the Three Brethren, and from thence turns westwards down the hill to a march stone which divides the property of Yair and Fawside, and then goes southward, by the several meiths and marches, by the west end of the Lamblaw and cairns set thereupon, until it comes to a cairn on the east side of Philip Burn, and then crosses the burn and goes up by the proper meiths of Foulshiels, until it comes to the west end of Hareheadfall, and from thence goes down the brae eastwards, by the meiths and marches as the sikes run, until it comes to the Philip Burn running through the middle of the Blackmyres, and then goes eastwards by Daning sike, east by the Narrs heads to a march stone upon the Over Narr of Stainlie, and from thence goes eastwards, by several meiths and marches through Howstruther, to a march stone upon the west side of the sike, the Holl of Howstruther-head, and then crosses the said sike and goes east, by several meiths, to the foot of a green gate and to a march stone upon the west side of a sike at the west end of Archies moss, alias called Pipersmoss, and from thence southwards down the Linglie Burn, until it comes to the march stone at the foot thereof, and then turns westward along a green gate at the holm foot to a march stone on the north side thereof, and then turns southwards along another road through the haugh, until it comes to where the said march began, reserving always to the duke of Buccleuch's tenants of the lands of Foulshiels and Fawside, liberty and freedom of pasturage upon the west side of the said common to the west of the Peat Law, according to use and wont. Item, we decree to pertain in property to James Murray of Philiphaugh, which we hereby separate and divide from the commonty, in manner above-written, that part and portion of the said common beginning at the foot of Philip Burn, and goes down the north side of the water of Ettrick to a march stone upon the west side of a road that leads from the Coble through the haugh, by several meiths and marches, to a march stone at the holm foot, and from thence goes eastwards by a green road to a march stone upon the west side of the Linglie Burn foot, and then goes up the said burn until it comes to a march stone on the west side of the sike at the west end of Archies moss, alias called Pipersmoss, and from thence to a march stone at the foot of the green gate, and then goes up the said gate to a march stone on the west side thereof, and then turns westwards to a march stone on the east side of the sike in the Holl of Howstrutherhead, and then goes through the sike, by several meiths and marches, through the Howstruther to a march stone on the Over Narr of Stainlie, and then goes west by the Narrs heads, by the meiths and marches set thereupon, to the march stone on Daning sike, and from thence westwards down the brae until it comes to Philip Burn, running through the middle of the Blackmyres, and then goes up the brae, by the several meiths and marches, until it comes to the west end of the Hareheadfall, which is Philiphaugh's own property, reserving always to the said burgh of Selkirk and inhabitants thereof free ish and entry up and down the said Holmeside and up and down Philip Burn for transporting of turves, heather and other fuel to the said burgh, secluding them always from any privilege of pasturage or other servitude whatsoever, except only to pass and repass for the ends aforesaid, declaring also that if the water of Ettrick shall alter the present current thereof, whereby the mills, caulds and dams of Selkirk may be prejudiced through want of water, in that case it shall be lawful to the said burgh to make a new cauld and cast a new dam in any place most convenient for bringing the water to their mills, giving them hereby complete authority over the water in the case foresaid. Item, we the said judge arbitrators, having examined the meiths and marches between Yair's property and the said common of Selkirk, and the allegations and instructions adduced by both parties anent that piece of ground which lies on the north side of the Red Score and Shorthope Burn, commonly called the Cribs, do find that the said piece of ground belongs to Alexander Pringle of Yair, as his undoubted property, and decrees and ordains the same to be peaceably possessed by him and free of any molestation in time coming, which, with that part of the commonty now divided and allotted to him, which we decree and ordain to belong in property to Alexander Pringle of Whytbank, merely separating and dividing the same from commonty, in all time coming, is bounded thus, beginning at a march stone on Tweedside at a craig therein called the Rigged Craig, and then goes southwards up the brae by a direct line, by several meiths, to a march stone on the top of the brae about the middle of Hyndislie,† and then turns westwards by several meiths to a march stone on the north edge of a little sike where it turns eastwards, then southwards, up the said sike to a march stone upon the top of a little heathery knowe, at the head of the said sike, and then goes southwards, by several meiths, to a march stone at the west end of the Blackknowhead moss, and from thence southwards, by several meiths, to a march stone on the northside of the highway at the back of the said Blackknow, opposite to a sike which comes from Deully moss, and then goes westwards along the said way to a march stone at the east end of the Peatlaw, on the south side of the said highway at the back of the Holland heads, and from thence goes west the said highway which goes along the north side of the Peatlawhead, and by the south west side of the Red Score, until you come to a march stone on the south side of the highway which comes from Minchmoor, at the head of the Lamblaw, and then goes northwards by several meiths in a direct line up the waterfall to the middle cairn on the top of the Three Brethren hill, alias called Windielaw, and then goes westward a little along the head of the hill, to a march stone where the property of Yair and Fawside does meet. Item, we decree to pertain and belong, in property, to Patrick Kerr of Fairnilee, which we hereby separate from the commonty in manner foresaid, that part and portion thereof beginning at a march stone at Tweedside, at a craig therein called the Rigged Craig, and then goes up the brae by a direct line southwards to a march stone on the top thereof about the midst of Hyndisled,† and from thence turns eastwards, by several meiths, to a march stone on the netherside of the high street that leads over the hill, and then goes northeast, by several meiths, to a march stone on the overside of the highway that leads to Sunderland Hall, and from thence goes down the brae by several meiths to a march stone at Tweedside, a little beneath the Sandieford. Item, we decree to pertain in property to William Kerr of Sunderland Hall, which we hereby separate and divide from the commonty in manner above-specified, that part and portion of the said common beginning at a march stone on the south side of the river of Tweed, a little beneath the Sandieford, from thence goes up the brae, by several meiths, to a march stone on the overside of the highway that leads to Sunderland Hall, and then goes south west, by several meiths, to a march stone on the nether side of the high street that leads over the hill, and then goes westward by several meiths to a march stone on the top of the brae about the middle of Hyndsled,† and so westwards by several meiths to a march stone at the north edge of a little sike, where it runs eastwards and then turns southwards up the said sike to a march stone about the head thereof, and the top of a little heathery knowe and so southward, by several meiths, to a march stone at the west end of the Blackknowhead moss, and then goes southwards, by several meiths, to a march stone on the north side of the highway opposite to a sike that comes from Deully moss, and then goes westwards along the said highway to a great march stone at the east end of the Peatlaw and back of the Hollands, and from thence goes southwards by several meiths down a green road to a march stone at the head of Deullydam sike, on the east side of Famulawgait, and then goes eastwards down the said sike, by several meiths, to a march stone on the northside thereof, and from thence south east to a march stone at the Welleyheads, and then to another march stone on the west side of the Deully moss sike and so up the said sike to another march stone at the east end of Deully moss, and from thence southwards to a march stone on Deully moss knowe, and from thence, by several meiths and marches, to a march stone at the head of the Staniefald brae, and then goes southwards by several meiths and marches through Earnestruther to a march stone at Blaeberry Knowe, and so forward, by several meiths, to a march stone on the head of the Singingside, and so from thence, by several meiths, down the brae to a march stone on the north side of the Linglie moss near the head thereof, and then goes eastwards down the middle of the said moss to a march stone on the north side of the Nettly burn, about the foot of the said Linglie moss, and then goes northwards, by several meiths, by the east side of the holl in the Hirst head, to a march stone on the south side of the green gate road, and from thence down the brae by the several meiths by the said green road to a march stone on the north, but on the west side of the high street and from thence, by several meiths, through the burn to a march stone on the top of the little knowe at the back of Ovenscloss, and a great stone upon the west side of the dyke near the west end of Sunderland. As also, we the said judge arbitrators do hereby declare that that piece of ground that lies between the Lindean mill dam and the water of Ettrick, and another piece of haugh that lies between the property of Bridgeheugh and the Lindean mill damhead, is found and we hereby decree and ordain the same to belong and pertain in property to the said William Kerr of Sunderland Hall. Item, we decree to pertain in property to Thomas Kerr of Ovenscloss, which we hereby separate from the commonty in manner foresaid, that part and portion of the said North Common beginning at a march stone at the back of Sunderland dykes, and then goes south through the west burn of Sunderland to a march stone on the south side thereof, and then goes westwards by another march stone on the east side of the king's high street, to another march stone on a green knowe, called the Northbutt, and then goes westwards up the brae, by the several meiths and marches, to a march stone upon the south side of the Hirst gate, to another march stone on the south side of the same, and from thence goes south by the east side of the holl in the Hirsthead, by the meiths and marches down the brae to a march stone on the north side of the Nettly Burn near the east end of the Linglie moss, and then goes down the Nettly Burn until the same runs to the water of Ettrick. Item, we decree to pertain in property to James Elliot of Bridgeheugh, in full satisfaction to him of all right, title, interest or possession he can ask or claim in the said North Common, that part of the property of the said burgh which begins at a march stone on the south side of the water of Ettrick, and divides the property of Bridgeheugh, the property of the said burgh and James Curror, portioner of Midlem, and from thence, by the proper lands of the said James Curror, until it comes to the north neuk of the Struther meadow, and then goes westwards up the Dunsdale heugh heads, until it comes to the Shawburn, and then goes down the said burn until it comes to the water of Ettrick, and then goes down the said water of Ettrick until it comes to the property of Bridgeheugh.
Likewise we, the said judge arbitrators, all in one voice, decree and ordain the foresaid division of the said commonty, as we have meithed, marched, bounded and designed the same, for property in time coming to the submitters within and above-named, each one of them for their own parts, in manner above-divided, to stand and abide as our final sentence and decreet arbitral in the said matter, in the whole heads, tenors and contents thereof, and the said submitters, every one of them, to underlie and fulfil the same in manner above-mentioned, and each one of them to concur with others in establishing valid rights in other persons, according to the division above-mentioned, and to secure others therein according to law. And likewise, we decree and ordain, the parties submitters before-mentioned, their heirs and successors, to maintain and defend each one anothers, conforming to the laws of this kingdom, in the maintenance and defence of this our decreet arbitral, to bear equal burden and expenses each one with others in pursuit and defence of all actions necessary to be intented or pursued by them for the strengthening and corroborating of this decreet, and in all actions and causes to be intended against them or any of them for reducing, quarrelling or impugning thereof each one of them, conforming to their equal proportions, according to the true worth and value of that part of the commonty hereby designed to them. Item, we the said judges arbitrators do hereby declare that this present decreet shall in no way prejudice the said Robert, earl of Roxburghe's right to the teinds of any part of the said lands, but that his right to the said teinds shall stand firm and stable, unhurt or prejudiced hereby in any sort. And lastly, we do hereby decree and ordain the party failure and not willing to observe the foresaid decreet, to content and pay to the party observer of this decreet the sum of £500 Scots money in manner mentioned in the within-written submission, in addition to the fulfilling of these matters, and ordain this act to be registered, after the form and tenor of the within-written submission in all points, in witness whereof we have subscribed this act with our hands at Lochend, 27 October 1676, at which place I, the said Sir Patrick Murray, did subscribe this act, and at Kelso where we, the other judge arbitrators, subscribed the same, before these witnesses respectively namely, to the subscription of me, the said Sir Patrick Murray, Alexander Mowat, servant to Sir Robert Sinclair of Longformacus and Andrew Angus, town clerk of Selkirk, filler up of the dates and witnesses' names, and to the subscriptions of us the other arbitrators upon the 30th day of the said month, Henry Kerr of Linton and William Pringle, portioner of Kelso, and the said Andrew Angus. (Signed thus) Roxburghe, James Murray, William Kerr, J. Riddell, A. Pringle, J. Riddell, W. Kerr, Elizabeth Douglas, John Scott, John Scott, W. Mitchellhill, William Waugh, Philip Scott, William Scott, G. Murray, Simon Halliday, Walter Halliwell, Richard Halliwell, John Haistie, John Sinton, John Lidderdale, George Johnston, Andrew Johnston, William Lewes, Henry Hall, J. B., J. D., James Wilkieson, R. R., John Angus, A. Dun, Robert Pringle, Patrick Murray, John Scott; Henry Kerr, witness, William Pringle, witness, Alexander Mowat, witness, Andrew Angus, witness. Extracted by me (signed thus) Thomas Murray, clerk register, in all and sundry heads, articles, clauses and conditions and reservations contained in the said submission and decreet arbitral, after the form and tenor thereof in all points.
And his majesty, with advice and consent of the estates of parliament, allows and authorises the foresaid submission and decreet arbitral, with all that has followed or may follow thereupon, to stand in full force and effect in all time coming, and has dispensed and hereby dispenses with all imperfections and objections that may be proposed or alleged against the same, or against this present ratification for ever.