LXXIX. Indenture between the towns of Glasgow and Dumbarton, as to
merchandice arriving in the waters of Clyde. Renfrew, 9 October
1590.
This Indenter made att the burgh of Renfrew, the nynth day of the
moneth of October, the yeir of God ane thousand fyve hundreth and
nyntie yeares, beares witnes that it is appoyntit and agreid betwixt the
provest, baillies, and communitie, of the burgh and citie of Glasgow, on the
tae pairt, and the baillies and communitie of the burgh of Dumbartane on
the toder parte, belanging and concerning the vsing, keeping, and observing of the privileges and friedomes grantit in tyme bygaine to the saids
cities and burghes of Glasgow and Dumbartane, be our soveraigne Lord
and his proginitouris anent all merchandice of schips that comes in at the
west sea in the water of Clyd and other waters or lowes, for the commoune
profeit, vnitie, and concord, of the saids borrowis in tyme coming, in forme,
maner, and effect, as after followes; That is to say, when ships or ony
wther kynd of weschelles with merchandice of vthair reumes happines
to cvm in the said west, sea, water of Clyd, or ony vder waters or
lowes, the bailiffes of Dumbartane, with advyce of the counsell and communitie of the same, sall with all dilligence warne and certifie the provest,
baillies, and communitie of the citie of Glasgow, of the said merchandice
quhatsomever beis in the said ships or vthair veschelles of the expenssis
of the communitie of Glasgow, and after the said warning and requisitioune,
the provest, baillies, and communitie of Glasgow, sall mak certane merchands with thair advyces, with their instructiounes to pass to the burgh
of Dumbartane, in possible haist, to commune and advise of the said merchandice and the availls of the samyne, and thairafter incontinent the
said baillies and communitie of Dumbartane sall cheise certane merchands
for them to pas with the merchands of Glasgow alltogeder, for the buying
of the said merchandice to the commoune weillfare and availl of the said
citie and burgh of Glasgow and Dumbartane, and sall concur togedder in
the said merchandice equallie in all profeits, but fraud or gyll, colour, or
deceit, in all poyntis of merchandice, and in payment making of the samyne.
Off the quhilk merchandice and buying and payment making of the
samyne, sall be ane equall divisoune made betwixt the said citie and
burghs of Glasgow and Dumbartane, the quhilk provest, baillies, and communities, shall mak their labouris, dilligence, and coastis be equall divisioune, for the observing and keeping of their said priviledges with all
their powers; and attour, for suir vnitie and concord to be keepit in tyme
coming betwixt the said citie and burgh of Glasgow and Dumbartane,
the provest, baillies, and communities of the samyne, sall helpe, supplie, and
defend vthairis anent all right and friedomes of the said citie and burghs in
tyme coming, and als, if mister beis, the said provest, baillies, and communities of baith the burrowes, sall caus persones of the samyne, of equall
expenssis, pas for the said defence of there priviledge and friedomes befor
our Soveraigne Lord, the King and his Lords of Counsell, or vder places
within the reume where it is sein expedient be them, and if it happines in
tyme coming, ony discord or contraversie to be made betwixt the said
provest, baillies, or communities, or ony of them, anent the buying and
paying of the said merchandice, or breking of their said priviledge and
friedomes, there sall, within aught dayes nixt thairafter, sex discreit
persones of ilk burgh, meit within the burgh of Renfrew for reformatioune
of the said faultis and punishing of the brekers and discord makers. And
for observing and keeping, in tyme coming, in all thir poyntis and
artickleis above wryttin, the said provest, baillieis, and communities ar
bundin till vthairis, vnder the paine of ane hundreth pundis of vswall
monye of Scotland rinand for the tyme, to be payit for the communitie that
breakis, fourtie punds to our Soveraigne Lord, twentie punds till the kirkwork of the Laigh Kirk of Glasgow, and fourtie punds till the communitie
that brekis not, for their coast, skaith, and damage, and the said sowme of
a hundreth punds to be payit forouten favouris or forforgivenes. In
the witnes of the quhilk things, the baillies of the burgh of Dumbartane
and communitie, hes appendit there commoune seall to the pairt of the
indenters remainand with the burgh and citie of Glasgow, day, place,
and year above wryttin, and to the pairt of the Indenture to remaine with
the baillies and communitie of Dumbartane, the said provest, baillies,
and communitie of Glasgow, hes appendit their commoune sealls.