17 June 1605. (fn. 1)
Act, pest, portis.
The baillies and ane number of the counsall hes ordanit the tabuirie
to pas throw the towne discharging the inhabitantis of Lainrik, Peibillis,
or Geddert to be rasaveit within this towne be any persoune, or to repair
towardis the samin be the space of ane monethe, vnder the pane of tuentie
pundis money; and siclyk that ewerie burges of this burgh that beis
lawfullie warnit to keip the portis keip the samin with ane halbert thair
awin persounis, vnder the pane of fyve pundis money.
21 June 1605.
Mathow Stewart, tailyeour, is maid burges and frieman of this burgh
as he quha maryit ane burges dochter, and his fynis in the thesaureris
handis, and that becaus the deikin conveiner deput affermit him to be
worthe the sowme contenit in the lettere of gildrie, quha hes gevin his
aithe of fidelitie as effeirit.
22 June 1605.
John Rowat, merchand, is electit and chosin be the baillies and
counsall as commissionar for this burgh to the generall conventioune of
burrowis in Dumfreis, to conveine thair with the commissionaris of
burrowis the first day of Julij, and ordanis him to be authoreisit with
ampill commissioune to that effect, and ordanis the clerk and agentis feyis,
with our pairt of the vc merkis for the supplie of Ireving harberie, to
be direct and gevin with him be the thesaurer, extending in the haill tothe sowmne of tuentie thrie pundis ten schillings, togidder with xxxiiij
pundis money as for his awin chargis and expenssis.
28 June 1605.
Robert Gemmill, skinner, is maid burges and frieman of this burgh
as ane burges sone, and that becaus the deikin conveiner deput affermit
him to be worthe the sowme conteinit in the lettere of gildrie, and his
fynis in the thesaureris handis; quha hes givin his aithe of fidelitie
thairvpone as afferit.
 July 1605.
In presens of the baillies, counsall, and deikinis abonewrittin, hes
statut and ordainit that tuentie of the merchand rank, togidder with tua
of ilk craft to be electit and chosin at the discretioune and optioune of
thair deikinis for keiping of the fair of this burgh Setterday nixt, quhilk
is the fair ewin of the said burgh and hauldin as the fair day becaus
of the Sabbothe day, and that with corslat and pik.
4 July 1605.
Deliuerit be the baillies and counsale to Mathow Trumble, deane of
gild, his Majestes lettre direct to this burgh for erecting of the samin
in ane frie burgh regall.
In presens of Thomas Muir and John Andirsoune, baillies, personallie
compeirit James Greinleyis, cordiner, and haifing purchest be his moyen
releif to John Greinleyis his brother out of ward of the heich hows to the
laiche tolbuithe, being wardit thairin at the instance of Alexander
Dunlop, merchand, for the sowme of ane hundrethe markis money
principall and ten markis liquidat expenssis, is willinglie of his awin
consent and fre will becum cautioune that the said John sall remaine in
waird in the laiche towbuithe ay and quhill he have satisfiet the said
Alexander of the foirsaid sowmis.
13 July 1605.
Miller and Watsoune.
In the counsalhous, being convenit the rycht honorabill Sir George
Elphinstoune of Blyswood, knicht, proveist; John Andersoune, Thomas
Muir, baillies; Mathow Trumble, dene of gild, Robert Rowat, [andthirteen others]. The provest, baillies and counsall, vpone consideratioune
and tryell had be honest witnessis of the greit injurie and wrang commitit and done be Robert Miller and John Watsoune, fleschour, to the
towne, in keiping of the fair the saxt day of Julij, the said John for
intruding of himself in the formest rank quhair Robert Miller was in
the morning, and the said Robert for preising to have him out thairof,
by the advys of the magistratis, and for miscalling of him in calling
him "butcheour," and the said John for minting to his quhinger, to the
greit hasert and perrelling of the quyet estait of this commonweill; and
thairfoir the said provest, baillies, and counsall hes concludit and
ordainit that for thair trespas thair fredomeis be cryed doune immediatlie
and nevir to be admitit nor resaivit agane quhill thai mak sik mendis
and satisfactioune thairfoir as the said proveist, baillies, and counsale
injune wnto thame, and in the meantyme to remaine bayth in ward
during the proveist and baillies will, certifeing all the inhabitantis of
this burgh quha commitis the lyk offence that thair fredomes salbe
dischargit and thai bennischit this burgh for ewir.
23 July 1605.
John Morisoune, merchand, is maid burges and frieman of this
burgh as he quha maryit ane burges dochter, and his fynis to be payit
to the thesaurer, and that becaus the dene of gild affermit him to be
worthe the sowme conteinit in the lettere of gildrie, quha hes givin his
aithe of fidelitie thairvpone.
27 July 1605.
The proveist, baillies and counsall, being certanelie informit of the
greit infectioune of the plaig in Leithe and Linlithgow, quhairby greit
perrell and danger may cum to this burgh, hes thairfoir concludit and
ordainit that na testimoniall be resaveit out of ony of the saidis burghis,
nor that nane of thair inhabitantis be resaveit within ws quhill it pleis
the Lord to quench the plaig amangst thame.
31 July 1605.
Lyoune and Braidwood.
The baillies and counsall present hes electit, nominat, and chosin
James Lyoune and James Braidwood commissionaris for this burgh toDumbartane anent the salt, withe powar to thame to pas ane chartour
pairtie with thame thairfoir for fyve pundis the boll, and ordainis thame
to be authoreisit with ampill commissioune to that effect.
3 August 1605.
The proveist, baillies and counsall, haifing now obteinit decreit and
protestatioune abainst the fleschouris for remuifing of thair flesche stokis
of the hie gait and to stand be west Dauid Lindsayis yet, and that
according to the auncient statutis of the towne, be thir presentis ratifies
and appreifis the auncient statutis maid heiranent, and presently statutis
and ordainis that the saidis fleschouris remove thair stokis of the gait,
and to cum na farder eist nor the said Dauid Lindsayis yet, and that thai
nor nane of thame in tyme cuming hoche ky on the calsay, or slay mairtis
on the foirgait, bot in howssis or bak sydis, and that vnder the paine of
ten pundis sa oft and how oft as thai contraveine this present statut;
and give thai failyie to remove thair said stokis befoir tua eftir noone
sall pay the lyk vnlaw.
It is statut and ordainit be the proveist, baillies, and counsall that it
salbe leasum to owttintownis fleschouris ilk day in the oulk to mak
markat of flesche in this towne in bouk, leg, and syd, and that na impediment be maid to thame nor naine of thame be friemen fleschouris, thai
bringand with thame hyd, heid, skin and tallowne, and siclyk that nane
of the towne fleschouris by flesche in the lam markat be thameselfis,
servandis, bairnis, or wyffis, to sell ovir againe or vnder cullour or pretence
in furneising gentillmen, vnder the paine of xvj s. ilk scheip, weill, and
lamb thay by, and xxxij s. ilk mairt or huddroune thai happin to by.
Act for Trumble, Rowat, Ros, etc.
The proveist, baillies, and counsall hes electit nominat and chosin
William Andersoune, baillie, Mathow Trumble, deine of gild, Robert
Rowat, John Rowat, maister John Ros, and Duncane Sempill to accumpany the proveist to Edinburgh for owtreding and ending of our Libertie
grantit be his Majestie, withe powar to the said proveist and persounis
abone writtin conteinit in this act to treat, ressoune, voit, conclud and
set doune the heidis, artikillis, claussis and contentis in the said Libertie,
hauldan and for to hald all and quhatsumevir thingis thai do in the
premissis firme and stable.
10 August 1605.
The proveist, baillies and counsall, conveinit for ordour taking with
the pest, sieing it is incressit greitumlie in Edinburgh and vtheris pairtis
in the cuntrey, hes thairfoir concludit and ordainit that the Stabillgrein
port, Kirkport, Gallowgait, Tronegait and Kirk port and Schoolhous
Wynd port to be keipit be daylie watche be the inhabitantis of the
quarteris according to the ordour vsit of auld, and to be nichtlie lokit; and
siklyk hes concludit and ordainit that all the remanentis portis of this
burgh be vpcloisit and all vther passagis and yeardis endis; and that the
portis be keipit be the maisteris of the hows in thair awin propir
persounis allanarlie, to be keipit fra fyve houris in the mornyng to nyne
houris [at nycht . . . .]
The proveist, baillies and counsall, vpone consideratioune and certane
knowledge of the pest incressit in Edinburgh, Leithe, Linlithgow, Queinisferrie, Crawmound, Burrowstownes, Banhard, Winchburgh, Kincavill,
Manirstoune, Mylntowne, and mony vther placis and pairtis thairabout,
quhairby greit perrell and danger may cum to this towne, hes thairfoir
statut and ordainit that na manir of cadger travellouris be reset out of ony
of the saidis placis, or vther suspect places thairabout, within this burgh
for the space of fyfteine dayis to cum, and siclyk that na cadgeris, meillmen, fruitmen, barkeris, nor na vtheris inhabitantis of this burgh, pas
or repair towardis ony of the foirsaidis placis for the said space, vnder
the paine of tuentie pundis money and bennischment of this burgh; and
ordainis the samin to be publicklie intimat be the taburrie.
17 August 1605.
[Of this date the council appointed a night watch to be kept during
the time of harvest.]
27 August 1605.
The proveist, baillies, and counsall foirsaid hes ernestlie requeistit
and desyrit the rycht honorabill Sir George Elphinstoune of Blyswood,
knicht, proveist, to ryd vp to Loundoune to the Kingis Majestie for getting
and obteining of our Libertie grantit be his Majestie past be his Majesties
signatour, and to obtene and procure command to the chancler for passing
of the samin vnder his hienes greit seall, and to obteine all vther thingis
necessar for the furtherance thairof, and ordainis his expenssis to be givin
him be William Andirsoune out of the reddiest of the thowsand markis
borrowit be him in Edinburgh, for the quhilk this present salbe the said
Williames warrand, and ordanis the clerk to forme and pen thrie letteres
to be direct with him for furtherance thairof, to wit, ane to his Majestie,
ane to the Lord Duik of Lennox, and ane to the Erll of Dumbar.
The proveist, baillies and counsall, vnderstanding that Sir George
Elphinstoune, proveist, and William Andersoune, ane of the baillies, hes
givin thair bandis and obligatioune, togidder with John Levingstoune of
Baldorrane, to maister John Dazell for the sowme of ane thowsand markis
money borrowit for outredding of our Libertie to pay the chargis and
expenssis thairof in compositioune to the signatour, to wreiteris passing
of the seallis, and all vther chargis and expenssis, quhilk sowme is to be
payit at Martimes nixtocum, thairfoir the baillies, counsall, and deikinis,
present, for thame selfis and thair successouris in office, bindis and
obleissis thame and thair successouris to releif and skaithles keip the said
Sir George and Williame Andirsoune thairof at the handis of the said
maister John Dazell and the said John Levingstoune in all tymis cuming,
and of all coistis and expenssis that thai or any ane of thame can incure or
The proveist, baillies, and counsall hes nominat, electit, and chosin
William Andirsoune, baillie, Mathow Trumble, deine of gild, Duncane
Sempill, deikin conveiner, James Bell, John Rowat, Wmphra
Cwnynghame, commissionaris to Dumbartane to treat and confer with
the proveist and baillies thairof anent the custoume of our brig and
wattir, and ordainis the thesaurer to deliuer thame xij li. for thair
31 August 1605.
The baillies and counsall, [being informed regarding the pest in
Edinburgh and Leith] hes commandit, statut, and ordanit that na persoun
within [this towne] repair towardis Edinburgh or Leithe for the spaice of
fyfteine dayis and that nane of the saidis twa townis be resaveit within
this burgh for the said spaice, vnder the paine of tuentie pundis money.
3 September 1605.
The proveist, baillies and counsall, vpone consideratioune of the grit
trubill and cummir committit be Williame Adame, merchant, to sindrie
nichtbouris of this burgh, to the greit hasert of thair lyfis, hes thairfoir
concludit and ordanit that the said Williame be put in irnis within his
awin hows, thairin to remaine quhill it pleis the Lord to restoir him to his
6 September 1605.
In presens of the baillies sitand in iudgement, personallie comperit
Williame Stobo, messinger, and is becum actit as cautiouner and sovertie
for Agnes Park and hir dochter, spous to Patrik, that James Forret of
Burrowfield salbe harmeles and skaithles in his landis, woodis, and
growand tries, of thame, thair bairnis and servandis in tyme cuming,
vnder the pain of ane hundrethe pundis money, and thai to releif thair
7 September 1605.
John M'Clelland, beand apprehendit as suspect of thift and challengit
thairfoir, and be the clemencie and grit mercie of the proveist, baillies,
and counsall of this burgh was put to libertie and fred out of the tolbuithe
and prissownhous thairof, vpone conditioune give ever he sould be found
within the town agane to be hangit without ane assys, as the act maid
thairvpone of his awin consent the auchteine day of Januar 1605 yeiris
at mair lenthe beiris; and being now laitlie apprehendit and to vnderly
ane assys the day and dait heirof for sindrie crymis of thift, and be
wertew of the said act justlie to suffer deathe, nevirtheles the proveist,
baillies, and counsall, desolat of ane executour, to execute the hie justice
[on] malefactouris, hes acceptit admitit and resaveit the said John to
be thair executour in the said justiciarie, and hes dispensit with the said
act and crymis of thift commitit be him for acceptatioune of the said
office. Quhilk office the said John hes acceptit, lykas be the tennour heirof
acceptis the samin in and vpone him, and bindis and obleissis him cairfullie and diligentlie to attend and awayt thairvpone, and give evir he
eschew heireftir or leif the said office grantis and consentis that he be
hangit to the deid, but ane assyse, quhairever he may be apprehendit, andbindis and oblessis him nevir to depairt out of this towne to na pairt to
execut the said office without the speciall leif and licence of the said
proveist, baillies, and counsall had to that effect.
The same day, the proveist baillies and counsall hes concludit, statut,
and ordainit that give ony persoune within this burgh, young or auld,
abuisis the said John, ather be word or deid, that thai sall incurre the
paine and penaltie of fyve pundis money, and give ony manis bairnis dois
the samin the father of the bairne or maister of the servand to pay the
said vnlaw to the said John M'Clelland, executour of the hie justice.
13 September 1605.
Thomas Neill, cordiner, is fund in the wrang and amerciment of
cowrt, of his awin confessioune, for cuming out of ward, being wardit
thairin, and for cuming downe the towbuithe stair with ane drawin
quheinger and for wounding and bluiding of John Towris vpone the heid
to the greit effusioune of his bluid.
2 October 1605.
The richt honorabill Sir George Elphinstoune of Blyswood, knicht,
being removeit of counsall, the persounis of counsall abonewrittin, all in
ane woice, inrespect of the singular cair, greit zeall and luif had and
borne be him to the weill and libertie of this burgh, and that he and his
foirbeeris hes beine maist kyndlie to this burgh and hes ever regairdit
the weill and libertie of the samin, hes nominat electit and chosin the
said Sir George their proveist for this yeir to cum, quha frielie for the
weill and proffeit of this burgh hes grantit and givin to the commoune
vs of the towne all manir of wnlawis competent to him as proveist, to wit,
all bluidis, deforcementis, and all vther wnlawis that may perteine to him
as proveist be wertew of the Libertie of this burgh to be grantit be his
Majestie, and speciallie be wertew of the justiciarie and regall powar.
The proveist electit, auld baillies and counsall foirsaid, hes condiscendit, consentit, and aggreit that all manir of vnlawis that may be
propir or competent to thame be wertew of thair officis, to wit, all
bluidis, wrangis, tribulancies . . . or as serreffis of this burgh in
tyme of fairis, commoune . . . quhatsumevir be vptane be the
thesaurer of this burgh, . . . and the said thesaurer to be comptable
thairfoir in his comptis. And farder, it is concludit, and aggreit that the
baillies to be chosin this yeir, and that beis chosin yeirlie heireftir,
remaine onlie baillies for ane yeir and not to bruik office againe in the
bailliarie for tua yeiris to cum eftir thai ar baillies.
Lytis to be baillies:—[nine names, including those of the three
"auld baillies."] The quhilk day, out of the lytis abonewrittin the
remanent of the counsall, be pluralitie of woitis, hes chosin, electit, and
nominat the persounis following to be baillies for the yeir to cum, quha
hes gevin thair aithis in presens of the proveist and counsall for dew and
faithfull administratioune in thair office for the yeir to cum:—Baillies,
Williame Andirsoune, Mathow Trumbill, Robert Rowat.
5 October 1605.
In the counsalhous, being convenit the richt honorabill Sir George
Elphinstoune of Blyswood, knicht, proveist, Robert Rowat, William
Andirsoune and Mathow Trumbill, baillies, for choising and electing of
ane counsall for the yeir to cum, quhais namis followis:—James Forret of
Burrowfeild, [and twenty-four others.]
The foirsaidis persounis, nominat and electit be the proveist and
baillies to be counsallouris for the yeir to cum, hes givin thair aithis, in
presens of the proveist and baillies, that thai sall lelely and trewlie vse
and exerceis the office of counsallouris for the yeir to cum.
Statuta pro presenti anno.
[Statutes passed in terms similar to those enacted at the head courts in October of
previous years. Ale to be sold not dearer than 1s. the pint, tallow 38s. the stone, candle presenti anno
53s. 4d. the stone; the 8d. bread to weigh 12 ounces.]
8 October 1605.
Followis the namis of the persounis conveinit for electioune and
nominatioune of ane deikin conveiner for the yeir to cum and wisitour:—
Merchandis, William Andirsoune, baillie, [and seventeen others]. Craftis,
Robert Rowat, baillie, [and seventeen others]. Eftir nominatoune of the
foirsaidis persounis, merchandis and craftis, John Scot, deikin conveiner,
presentit the persounis wnderwrittin in lyt befor the rycht honorabill
Sir George Elphinstoune of Blyswood, knicht, proveist, and persounis
foirsaid, conforme to the lettere of gildrie, and desyrit ane of thame to
be nominat and chosin deikin conveiner for the yeir to cum, quhairof
the namis followis:—Lytis for the deikin conveiner: Duncane Sempill,
auld deikin conveiner, James Braidwood, Jhone Muir. Off the quhilkis
thrie lytis the persounis abone writtin, merchandis and craftis, hes electit,
nominat, and chosin, be pluralitie of woitis, James Braidwod to be deikin
conveiner for the yeir to cum, quha hes givin his aithe for dew and
lawfull administratioune in his office during the said space.
Lytis for the wisitour:—John Wallace, auld wisitour, James
Fischer, James Lychtbodie, Archibald Sempill, Robert Maxwell. The
provest, baillies, and persounis of counsall abonewrittin, hes nominat
elect and chosin, be pluralitie of woitis, John Wallace, auld visitour, to
be wisitour for the yeir to cum, quha hes givin his aithe in presens of
proveist baillies and counsall for dew and lawfull administratioune in his
12 October 1605.
The proveist, baillies, and counsall hes appointit Tuysday nixtocum
for ordour taking with the haill lipper within this towne, and ordainis
thame and ilk ane of thame to be warnit to that effect.
15 October 1605.
Deane of gild.
In the counsalhous, being convenit the rycht honorabill Sir George
Elphinstoune of Blyswood, knicht, proveist, togidder with the baillies,
merchandis, and craftis, vnderwrittin, for electioune and nominatioune
of dene of gild for the yeir to cum conforme to the lettere of gildrie,
quhairof the namis followis: Merchandis, Williame Andirsoune, baillie
[and fifteen others;] Craftis, Robert Rowat [and fifteen others]. Lytis
for the dene of gild, Mathow Trumble, auld dene of gild, Archibald
Faullis, James Bell. Out of the quhilkis lytis abonewrittin the foirsaidis persounis merchandis, craftis, and deikinis foirsaid, hes nominat
electit and chosin, be pluralitie of woitis, Archibald Faullis to be deine
of gild for the yeir to cum, quha in presens of the said proveist, baillies,
and deikinnis, [hes given his aithe] for dew and lawfull administratioune
in his office during the said yeir.
Injunctiounis, wattir serjand.
Injunctiounis and directiounis for the wattir serjand:—In the first,
that he permit nane to be in the Lipper Hospitall bot sick as ar plaicit be
the proveist and baillies and counsall, and that he mak thame thankfull
and compleit payment of thair dewties and put thair wictuall to the
heichest pryce, and that nane of thame be permitit to cum in the towne
bot vpone Weddinsdaye and Settirday oulklie and that thai remaine na
langer bot betuix ten houris and tua eftir noone, and that thai gang
vpone the calsay syd with thair mussellis on thair faice, and clopperis,
and that naine of thaime be permitit to beg at the kirk dor na dayis, and
thair hows be keipit wattirfast.
Secundlie, that he suffir na hering to be sauld in smallis to the towne
darer nor to the cadgeris in greit, and that nane be sufferit to by hering
in greit to sell over againe or to salt within this towne bot to serve thair
awin hows, and that nane be waillit in the boitis.
Thirdlie, that he suffir na quhyt small fische to be sauld at the
wattir quhill thai be brocht to the fische croce, and that na huiksteris be
suffirit to by ony hering bot ane thowsand ilk day, and that thai be not
sauld be thame at the Brumelaw or wattir.
Item, that he suffer naine to sell killing to strangeris or outtintownis
folkis quhill the towne be staikit, and that thair be na waillit killing in
the boit and all sauld ovirheid, and that nane be sald to tapsteris to tap
Item, that he report to the baillies of the burgh all wrangis and
bluidis committit at the wattir, and that he tak catioune of the committaris to ansuer as law will befoir the baillies.
Item, that he suffir na stainis nor ballest to be cassin out of boitis
and barkis in the wattir or wattirsyd, and give ony persoune dois the samin
he to accuis thame befoir the baillies.
Item, givis powar to the said wattir serjand to mak arreistmentis,
bot not to lows bot be command of ane of the baillies.
Item, howsone the said wattir serjand brekis or transgressis ony of
the said injunctiounis to [be] deposit immediatlie, and nevir to seik the
said office of ane watter serjand, nor nevir to injoy the samin in na tyme
19 October 1605.
The proveist, baillies, and counsall hes nominat and appointit ten or
tuell of the wordiest of the counsall, or sick as the baillies sal chuis as
commissionaris for this burgh to meit and treit with the commissionaris
of Dumbartane at the Bornis the xxiij of this instant, and quasaevir beis
personally warnit and rydis not sall pay fyve pundis.
The proveist, baillies, and counsall hes statut and ordainit that give
evir Germound Boyll, lipperman, hant or frequent the cumpany of his
wyffe within this burgh, and give his spous hant or frequent with him,
scho to be bennischit this burgh for ewir.
The proveist, baillies, and counsall hes statut and ordainit that naine
be plaicit of lipper in the Lipper Hospitall hot sick as beis placit be
proveist, baillies, and counsall, and naine to be placit thairin for the
present hot the persounis following: John Chalmeris, John Smyth,
Margaret Snodgers, Margaret Spens, Euffane Alexander, Helen
Wilsoune, Jeane Or.
The provest, baillies, and counsall hes concludit and ordanit that all
sick seik honest persounis quhais names followis keip and remaine in
thair awin howssis, vndir sick painis and iniunctiounis as salbe givin to
thame and thair wyffis: James Dunlop, John Park, James Clerk, John
Witherspoone, John Porter, Isobell Tennent.
26 October 1605.
The provest, baillies, and counsall hes concludit and ordanit that
Archibald Faullis, maister of work to the New Kirk theik and repair the
lytill hows that enteris in to the New Kirk, and that withe ovir lappit
lathe; and siclyk ordainis him to big ane chop of staine to the bellman
at the eist end of the waist set furth to Williame Andirsoune and John
The proveist, baillies, and counsall hes nominat and appointit
Williame Andirsoune, ane of the baillies of this burgh, to ryd to Edinburgh with the band grantit be the pryour for ane tak of the teindis, to
be advysit with men of law thairanent; and ordainis the thesaurer, John
Or, to ansuer and deliuer to him the sowme of threttie pundis money for
his expensis and men of lawis painis.
The baillies and counsall hes nominat and appointit James Lyoune
to be collectour of the commoune vnlawis perteining of befoir to proveist
and baillies, quhilk thai have givin and assignit to the commoune vse of
the towne, quhilk office the said James hes acceptit in and vpone him,
and is ordainit to mak compt rekining and payment thairof monethlie;
and for doing of the samin Archibald Faullis, deine of gild, and James
Braidwood, deikin conveiner, ar becum cationeris, coniunctlie and
severallie, and that he sall mak compt, payment, and rekining thairof,
monethlie; and for comprysing of the poindis taine for wnlawis, and
vptaking of all bluidis and wrangis, the baillies sall appoint officeris, ane,
tua, or thrie, as he sall have ado, to comprys and poind for the samin;
and be the tennour heirof hes ordainit ten pundis money to the said James
for his fey; lyk as he bindis and obleissis him to releif his catiouner of
the haill premissis.
31 October 1605.
Williame Andirsoune, Robert Rowat and Mathow Trumble, baillies,
Archibald Faullis, deine of gild, James Bell, Williame Wallace, John
Rowat and Thomas Muir, for heiring of James Lyoune and James Braidwoodis compt of thair intromissioune with the townis pairt of the salt of
the wentur schip brocht in be ane Dutcheman, and that conforme to ane
act of counsall maid of befoir for heiring thairof; quhilkis persounis
haifand hard, seine, and considerit the saidis comptis, findis restand in
thair handis xxxvij li. x s., quhairof is allowit to thame for thair painis
seivintein pundis x s., sua restis to be payit be thame to the towne tuentie
pundis money, quhilk is ordainit to be producit befoir the counsall
2 November 1605.
The proveist, baillies, and counsall foirsaid, hes concludit, statut and
ordainit that, oulkly, ilk Tuysday for ane yeir to cum, thair be preiching
in the Hie Kirk, and ilk Thuirsday in the Tronegait Kirk for the said
space, and that thair be mariage and babtisme in baithe the kirkis; and
siclyk that the preiching be keipit ilk Thuirsday in the Tronegait Kirk
als lang as the samin continewis Twysday in the Hie Kirk.
The proveist, baillies, and counsall, vpone consideratioune of maister
Robert Scot thair ministeris meane moyand and stipend, and vpone his
supplicatioune givin in to thame for help and support, hes givin and
grantit to the said maister Robert the sowme of four scoir fyfteine merkis
money for the yeir to cum allanerly, and ordainis the thesaurer to ansuer
5 November 1605.
The proveist, bailleis, counsall, and deikinis foirsaid, hes concludit
and ordanit, all in ane woice but wariance, that in respect of the
wnsufficiencie of the haill calsayis of this burgh, that thair be appointment maid with calsay bigeris for biging thairof, and to that effect hes
presentlie aggreit and appointit with John Ottirburne to work and big
the saidis calsayis for the space of ane yeir to cum, and he to furneis
ane vther bigger als sufficient as himself, for quhome he salbe ansuerabill,
with ane servand to serve thame, and that for fyve markis money for ilk
ruid sufficientlie wrocht be thame to be payit be the towne, with ane
burgis fyne at the yeiris end to the said John, in bountethe, of his awin
seiking out; and for payment to the said John Ottirburne and his
balefeir, with thair servand, of the said fyve markis money for ilk ruid
sufficientlie wrocht, hes concluidit and condiscendit that all burgessis,
induellaris in this burgh, sall pay anis in the yeir the sowme of ten
schillingis money, and that becaus thai ar fred and releifit of the ordinar
burdeine of the menstrallis meit givin of befoir to thame without ony
commoditie or proffeit, ather in particular or generall, for the commouneweill of this burgh; and this ordour to be tane and induir for ane yeir
and farder as the necessitie of the calsayis requiris.
16 November 1605.
The baillies and counsall present ordainis John Or, thesaurer, to
ansuer and deliuer to Patrik Wilsoune, beddell, the sowme of fyve
pundis money, and that for his yeiris serveice in ringing of the bell at
ten houris at evin.
24 November 1605.
The proveist, baillies, and counsall, convenit, ordanis ane contract
and appointment to be set doune betuix the proveist, baillies, and
counsall, on the ane pairt, John Ottirburne, calsay biger, for himself and
takand the burdeine vpone him for ane other calsay biger as sufficient as
himself, with ane man to serve thame, on the vther pairt, vpone the
heidis and conditiounis following, viz., the said John, for himself and
takand the burdene as said is, to be bund and obleist for the spaice of ane
yeir to big and mak calsay within this burgh be the sicht and
discretioune of the deine of gild and deikin conveiner, as overseyeris and
maisteris of work appointit thairto, and not to depairt fra the said work
to na vther wark for the spaice of the said yeir, and the said John to be
ansuerabill for his awin work and his nichtbouris and sufficiencie thairof,
and give ony of thair work beis vnsufficientlie wrocht, be the sicht and
discretioune of the said deine of gild and deikin conveiner, he to rais and
big the samin ovir agane vpone his awin expenssis sufficientlie, and thair
enterie to the said work to be and begin the thrid day of December nixt
and sua daylie and oulklie to induir quhill the thrid day of [December]
in anno jm vjc [and sex yeiris;] for the quhilk caus, and for working ilk
ruid of calsay, [the provost, bailies, and council bind themselves to pay
five merks.] And attour, eftir the expiratioun of the said yeir, give the
work beis nocht compleit, to be bund to remaine in manir forsaid at the
proveist, baillies and counsallis will ay and quhill the work be compleit;
and attour grantis and givis to the said John ane burges fynis, of his
awin seiking out.
The proveist, baillies and counsall hes ordainit John Or, thesaurer,
to pay to James Tennent of Linhous, chalmerland to John, Archibischop
of Glasgow, the sowme of fourtie aucht merkis money, and that for the
burrow maillis of this burgh jm vjc thrie, four, and fyve yeiris.
30 November 1605.
The baillies, and counsall conveinit, vpone the consideratioune of
the complaint givin in be William Bowie and Adame Scot, stenteris,
vpone sindrie persounis of this burgh quha will not pay thair stent for
releif of the proveist, baillies and counsall, of the townis pairt of the
taxatioune appointit for reiking out of the commissionaris to Ingland
anent the Vnioune, bot pretendis exemptioune thairfra, specially
medicineris, chirurgiounis, barbouris, procuratouris, messingeris,
notteris, and sic vtheris, hes thairfoir concludit and ordainit that all sick
persounis quha vsis ony frie libertie within this burgh by thair awin
calling salbe subject to pay stent, and that thai and all vtheris burgessis
quha will nocht pay the samin be ather hornit, poindit, or wairdit
Dobbie and Wattirstoune.
The baillies and counsall foirsaid hes aggreit with James
Watterstoune and John Dobbie, cairteris, to leid calsay stanis fra the
Towne Myln for biging of the calsayis, and fra the Subdeinis Mylnis,
perteining to the laird of Mynto, continewallie quhill the haill calsayis
of this burgh be repairit, at the sicht of the proveist, baillies, and
counsall, vpone the conditioune and payment following, viz., saxteine
pennyis fra ilk draucht thai leid fra the laird of Myntois mylnis, and
tua schillingis for ilk draucht fra the toune mylnis; and incaice the
calsay makeris sit idill in default of stainis, ilk ane of thame to pay xx s.
money (toties quoties) as thai sit ydill in thair default; and this pryce
to be giffin to thame for all the pairtis of the towne, alsweill far af as
neir hand, that thai leid stainis to for biging of the saidis calsayis. To
the quhilk conditioune and appointment the said James Wattirstoune,
for himself and takand burdein vpone him for the said John Dobbie, hes
aggreit and consentit, and requirit twa notaris vndirwritin to subscryve
the said act for thame. Ita est, Wilielmus Fleming, co-notarius in
premissis, de mandato dicti Jacobi Wattirstoune scribere nescientis, manu
12 December 1605.
The proveist, baillies, and counsall foirsaid hes concludit and
ordainit that all persounis quha aucht commoune dairkis to the towne, for
quhatsumevir of the commoune landis, that thai reddilie obey and pay
the samin quhen thai ar chargit, vnder the pane of xx s., and siclyk hes
concludit and ordainit that all inhabitantis of this burgh pay to the
collectouris appointit the sowme of ten schillingis money for the help and
biging of the haill calsayis of this burgh, vnder the pane of xx s. for
the spaice of ane yeir, and ay and quhill the calsayis be compleitit, and
that becaus thai ar releifit of that burdeine of the menstrallis meit
quhairof thai war in vse of, and to that effect ordainis the taburrie to pas
throw the towne makand intimatioune thairof to all persounis.
The proveist baillies and counsall present hes ordainit the thesaurer,
John Or, to pay to Marioune Bell the sowme of xxiij li. x s. money, and
that for the banquet maid be hir to the proveist, baillies, deine of gild,
and deikin conveiner, and ane certane number of the counsall, at the
proveistis gudnicht quhen he past to Lundoune.
21 December 1605.
In presens of Robert Rowat, baillie, personallie compeirit Robert
Donaldsoune, merchand, and Waltir Donaldsoune, maltman, and ar
become cationeris and soverties, coniunctlie and seuerallie, for Ritchert
Donaldsoune and Isobell Kyll, spoussis, for xxx li. few annuell of thair
bak tenementis and yeard lyand vpone the north syd of the Drygait,
haldin of his Majestie as superiour be wertew of the act of annexatioune,
quhilk hes beine in nonenterie be the spaice of auchtein yeiris and ane
terme, and siclyk for iii li. vj s. viij d. for the duplicatioune of the last
yeiris dewtie, and to releif the baillies thairof, and attour the said
spoussis ar becum actit for the releif of thair cationeris of the haill
The proveist, baillies and counsall, present, vpone consideratioune of
the supplicatioune of Johne Buchane, and of his necessitie and that he
wantis tua yeiris dewties of his pensioune of Mayboll, thairfoir, in consideratioune thairof, and of his thankfull service vpone meane moyen, hes
ordainit John Or, thesaurer, to content and pay to him for his help the
sowme of tuentie pundis money, and for payment thairof to the said John
Or hes ordanit Duncane Leiche to pay to him the sowme of xxj pundis
money intromettit with be him of the burrow maillis.
24 December 1605.
In presens of the baillies in judgement, Robert Broune, gairner, is
decernit and ordainit, be ayth of pairtie tane, becaus he beand thrys lawfullie warnit compeirit nocht, to content and pay to maister John
Blakburne, maister of the Grammer Schooll, the sowme of sax pundis
money for the Martimes termis annuell last bipast of Auld Hallowis
chappillandrie, addebtit to the said maister John furth of the tenement
and yeard occupyit be the said Robert, perteining heritabillie to ane
noble and potent lord Hew erll of Egglingtoune, and that conforme to the
said maister Johnis gift thairof exhibeit and producit befoir the saidis
baillies, and siclyk is decernit and ordainit to pay the said sax pundis
termely to the said maister John during his occupatioune of the said
yeard conforme to the said gift.
28 December 1605.
The proveist, baillies, counsall and deikinis of counsall, efter
declaratioune maid be Williame Andirsoune, baillie, maister John Ros,
of his Majesties guidwill and affectioune in perfyting and performing the
Liberties of this burgh, according to his Majesties first lettere, and that
the doing and performing thairof is committit to George erll of Dumbar,
Lord Home of Berwick, thesaurer, etc., and that his lordschip be wntrew
reportis of the enemies of this commoun weill, quha intendis to withstand
the libertie of this burgh and bring the samin in perpetuall miserie and
slaifrie, informis not onlie his Majestie bot lykwayis my Lord Duik of
Lennox and his lordship, that it is not the will and desyre of the communitie of this burgh and honest rank thairof to have thair liberties
grantit vnto thame conforme to his Majesties guid will and lettere direct
to thame, thairfoir with ane voice and consent hes concludit that, with
heart and hand, thai will maist heartlie concurr, with bodie and guidis,
maist humblie to suit the perfyting of thair liberties conforme to his
Maiesties grant as ane mater not onlie profitabill for thame and thair
posteritie and ane liberatioune frome all slaifrie, bot also maist expedient
for the suirtie and advancement of his Majesties service, and to that effect
the proveist, baillies, and counsall foirsaid, all in ane voice, hes condiscendit to ryd to Edinburgh in thair awin persounis for obteining thairof.
The samin day, the proveist, baillies, and counsall foirsaid hes concludit and ordainit that sindrie persounis, by and besyd the counsall,
quhais names ar conteinit in roll, ryd to Edinburgh lykwayis to that
effect, vndir the pane of tuentie pundis ilk persoune.
The samin day, the proveist, baillies, and counsall hes concludit and
ordainit ilk manir of persoune burges and frieman of this burgh quha
rydis not to be taxt according to thair powar and habilitie for supplieing
the chargis and expensis of thes quha rydis, seing the samin is ane commoune caus.