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Court Cases heard by the Baillie Court of Dunrossness in 1694 and 1700 2
The minutes of the Baillie Court of Dunrossness for 1694 and 1700 show that most court cases involved brawls (ryots) or name calling, which seemed to be considered a great offence. The Burgar/Burger family were well represented when it came to appearing in Court. In the year 1694 there are 9 court cases involving the Burgar family - see Cases 1 to 9 below. In the year 1700 there are two cases in which the Burgar family are involved - see Cases 10 and 11 below.
It is deleated that Wm. Sinclar Robert Young and Jon. Burger did in Wm. Youngs house comitt each of them on uthers ane hye ryot and particularly they did ryve the sd. Wm. Young the goodmen of the house his hair in separating of them.
Both parties present who refers the informatione to the witnesses afternamed viz Jon. Arcus and Wm. Young, Wm Sinclar aledges that Jon. Arcus is a partie & canot be admited as a witness.
Continoues till the morrow (12 Jany. 94)
Wm. Young being suorne depones that he only saw ane great presumptione of ane quarell and that they griped on ane uther and that Robert Young uold a parted the sd. Wm. Sinclair and this he declairs to be of treuth so help him God. Williame Young
Wm. Paplay depones that he saw Wm. Sinclar grip Jon. Burger be the necloath and that he hard Jon. Arcus disyre Wm. Youngs wyfe to cut Jon Burgers necloath being affraid he should be strangled. And that he saw Robert Young ryve Wm. Youngs hair with both his hands and that he hard the sd. Wm. Young make ane sade regrait that his head was sair after the ryveing out the hair thereof qch he declairs to be of treuth so help him God.
Comand to subscryve W. Murray N.P.
Walter Shewane depones that he saw Wm. Sinclar grip Jon. Burger be the hair with on of his hands & the uther hand in his necloath and that he hard Jon. Burger say he was woried and disyred the deponent to louse of his necloath qch he did and that Robert Young rave Wm. Youngs hair and that he hard Wm. Young complaine greatly for his sore head and the want of his hair qch he declairs to be of treuth as he shall answer to God.
Comand to subscryve W. Murray N.P.
The Judges haveing considered the complaint with the depositiones of the witnesses and circumstances of the egregiouss ryot finds the samen suficiently provne and therfor fynes and amerciats the sd. William Sinclair, John Burger and the sd. Robert Young in the soume of tuentie pund Scotts each of them to be peyit to Wm. Omond, Pror. Fiscall, within terme of law under paine of poynding.
Summary of Case 1 - 1694 1
(NB qch = which; ryot = fight, poynding = impounding of goods; hair ryved = hair pulled out).
This court case took place over several days, presumably to allow fresh witnesses to be called.
A fight broke out in William Young's house between William Sinclair, Robert Young and John Burger. William Sinclair gripped John Burger by the neckcloth and nearly strangled him. John Arcus asked William Young's wife to cut John Burger's neckcloth and free him. William Young tried to intervene and for his trouble had his hair ryved (pulled out) and had a sore head. The three accused of fighting were fined £20Scot.
Court Case 2 - 1694
Laurance Burgar was a witness to a fight between Margaret Couper and Jean Sinclair.
It is deleated that Arthor Leslie did beat Jean Burger with his feett. Both parties present the sd. Arthor deneyes the ryot the Fiscall refers the veritie thereof to his oath and he being suorne depones he never strack the sd. Jean Burger either with his feitt or hands. The Judges absolves in regaird of the depositione.
Summary of Court Case 3 - 1694
Jean Burger kicked by Athor Leslie but he was found not guilty.
Forasmuch as it is enformed agt. Laurance Burger that notwithstanding of sundrie laudabill lawes and statuts mead for the dew observeance of the Sabath day yet it is of veritie that the sd. Laurance Burger haveing as it will seem lead asyd all fear of God and respect to their Majties lawes did upon the sevent day of Jany. being the Lords day fall upon beat and strick Jeanet Williamsone his mother and threatned to shut her out of door, by all qch godles awles and lawles deportment the Sabath day is brokne qrby God is offendit and the law lykwayes contemned and therfor the said Laurance Burger ought and should be puniched by death without any mercie for the causes forsaid. The said Jeanet Wmsone present who deneyes that the sd. Laurance Burger did beat or truble her.
Continowes till the nixt court day.Summary of Court Case 4 - 1694
Laurence Burgar was indicted for beating his mother Jeanet Williamson and threatening to throw her out of his house. Since this occurred on the Sabbath, Laurence obviously had no regard to God's or the State's laws and it was suggested that he should be punished by death without any mercy. Fortunately, Jeanet Williamson, his mother, said that no such thing had happened. There are no further records so it seems that Laurence escaped further punishment.
It is deleated that Jon Burger and Wm. Hansisone in Meawik did beat uthers in Thomas Youngs house. Robert Stensigarth depones he never saw Jon Burger or the sd. Wm. Hansisone beat or strick uthers and this he declairs to be of treuth as he shall ansuer to God.
Continowes till the court at Sandueik.
The continuation of the case is not recorded, but since John Burger has been fined for other cases of fighting, it is likely that he would have been fined on this occasion as well.
It is delated that Laurance Burger did call Robert Spence Jon Arcus Jon Irven in Boe and George Burger his father stark theives and told that he wold prove the same. Compeired the said Jon Arcus and Laurance Burger who deneyes that he spook nothing agt. any of the persones abone named accept Jon Arcus. The Judges remitts the scandall to the sessione of Dunrosnes to take tryell therin and to returne ther report in the matter.
Summary of Court Case 6 - 1694
Laurance Burger in trouble for calling certain people stark thieves (great thieves). The persons concerned included his father, George Burger, Robert Spence, Jon Arcus and Jon Irven of Boe. Laurence stated that he hadn't accused all of them but only Jon Arcus. Slander was a big crime, but the outcome of this case is unknown.
Wm. Cordlit clames of Robert Burger 16s and the sd. Robert refers the veritie of the clame to his oath and he depones the clame is just and heir decernes with 2s of expenses.
The bailyes ordaines that hereafter no persone or persones refuse to compryse eatne corne under the paine of 40s and ordaines this act to be observed be all the inhabitants in the paroch.
Summary of Court Case 7 - 1694
Not sure what this case is about. It is unclear whether the two sentences are related.
However, Robert Burger admitted the claim against him.
Complaint agt. George Burger for keeping ane doog that bytes men & particular ane cheild of Laurance Burgers in the leg. The Judges fynes the sd. Geo. Burger in twentie pund Scotts to be peyed to Wm. Omond Pror. Fiscall & ordaines him imediatly to kill the doog.
Summary of Court Case 8 - 1694
George Burger is accused of keeping an unruly dog, that even bit his grandson (son of Laurance). George was fined £20Scot and ordered to destroy the dog.
Clame be Marion Garoch of Wm. Jonstone, Robert Burger ,Geo. Bairnesone & Jean Wmsone 2 leispond of oats eatne to her be ther bestiall and comprysed be Jon Arcus & Robert Spence. The Judges decernes conforme to the clame.
Summary of Court Case 9 - 1694
Robert Burger and Jean Williamson allow their animals to eat oats belonging to Marion Garock.
2nd November 1700
Agt Marion Karriock in Gord for cursing and imprecating agt John Burger her nightboure etc. John Burger being upon oath depon'd that Marion Garriock cursed and imprecat agt all that had the occasione of taking away her Fowles etc. John Burger
Eodem die
In regaird of probatione decernes Marion Garriock in Gord for her said proven scandall etc.
Summary of Court Case 10 - 1700
John Burger gave evidence that Marian Garriock cursed all her neighbours, including John Burger, for stealing her fowl (chicken or geese?). He has had a busy day in Court since he appears in Court Case 10 and 11.
2nd November
Pror Fiscall agt John Burger in Gord and Robert Steinsgarth in Quendaill for ane mutuall ryott. Both parties decerned in ten pounds Scottis money payable within fiftein days etc. under the pain of poynding. Robert Leslie in Ringastine and John Leslie, and Robert Marshall etc.
Pror Fiscall agt Robert Young in Moe for ane ryott committed in Andrew Spence his house. John Burger in Gord and Ro[ber]t Steinsgarth in Quendaill as witnesses, and Andrew Spence
2nd November 1700
Decernes John Burger, Andrew Spence and Robert Steinsgarth in ten poundis Scottis within terme of lawe
Summary of Court Case 11 - 1700
John Burgar has been involved in another fight and is fined £10 scots. He is then a witness at another fight and is then fined £10Scots. It is unclear if there are one or two fines.