1495–99
2 January 1494–5.
Town rent.
It is be the said provest baillies counsale and honorabill persouns avysit Town rent.
and thocht expedient for the commoun proffeitt of the towne, that quhat persoun
or personis that ar fermoureris of ony of the commoun rents of the towne or that
hes ony of the commoun guidis in thair handis, that thai be chairgeit in warde
be the provest or baillies thair to remayne vpoun thair awin expenssis quhill
thai mak payment of the said sowmes and guidis.
24 February 1495.
Curia tenta coram balliuis xxiiij Februarij jm[cccc] lxxxxv° yeiris.
Assisa
Wat Cant, Laurence Wallace, Henrie Thomesoun, Cuthbert Baird,
Jhone Brown, George Young, Jhone Lawder, Will Lokhart, Cuthbert
Lanerok, Richart Wilsoun, Jhone Alansoun, Jhone Rowat.
Act baxteris
The quhilk day this assys fand and delyuerit that the best quheit in the
merket the last Mononday was sauld for vj s. viij d., and the secundare for vj s.,
quhairfor the court avysit and thocht expedient that the pais be gevin according
to the saidis pryces.
Robert Scott, Thomas Hommill, Williame Persoun, Matho Blak, Willie
Thomesoun, Bartilmo Ker, Alane Cokkye, Williame Ley, Jhone Scot,
Dauid Clerk, Rob Roger, Andro Culydaf, Adam Suord, James Cartar,
Martene Hunter, Williame Spens, Symoun Thomesoun, Jhone Gordoun,
Rob Clerk, Jhone King, Jhone Ewin, Williame Cliddisdaill. All this persones
baxteris war convict be ane assys of the bying of Franche flour and selling
and regraiting of it agane vpoun the nychtbouris and the Kingis liegis,
quhairfore thai war adiugit to be punyst at the discretioun of the provest
baillies and counsall according to the lawis, and thai ar wairnit apud acta
till compeir on Fryday till vnderly the said punissionis that was gevin for dome.
The assys fand the quheit in the market the last market day at xj s. and
ordanis thame to furneis the pais according thairto, quhilk is xiij vnces iij
quarteris for the penny laif.
10 November 1496.
Schippis.
It is auisit thocht expedient statute and ordanit that quha sa takis the
wyld auentouris sall do on this wyse, that at the entres of all schippis and
euerye ane of thame the entre thairof salbe takin commounlie in the Tolbuith,
and that nane be tane bot thair and in presens of the thesaurer that salhappin
to be for the tyme, to the intent that the nychtbouris may heir the
samyn openlie, and gif ony guidis beis onenterit that it may be considerit vpoun
the escheit be the thesaurer quhilk pertenis to the tovne to be apprisit to thair
vse efter the auld reul and consuetude, and the customes to be to the thesaurer
of the guidis that beis enterit and na mair.
The setting of
the mylnis.
The quhilk day, it is thocht expedient statute and ordanit be the provest
baillies and counsall, that quha sa takis the commoun rentis sall do on this ways,
viz., that the fermoraris thairof sall pay away a monethis payment befoir for the
payment of the tovnis dettis that thay ar awand, and for the keping of thair
credence thairintill, and as for the mylnis thay to be delyuerit with gangand
graith and watter tycht, and sa to be delyuerit agane be the fermorar but ony
clame or questioun.
8 March 1496–7.
The ordoure of the setting of the commoun mylnis and commoun gude of
the toun efter the auld maner.
Setting of the
mylnis and
commoun
renttis, etc.
The quhilk day, it is auisit thocht expedient statute and ordanit be the
prouest baillies and counsale of the toun, becaus of the greit diuisioun and
variance betwix the toun and fermoraris of the mylnis in tyme bigane anent
the vphalding of the mylnis and dammys and the vther thingis thairof, that
quha sa takis the saidis mylnis in tyme to cum sall fulfill and do on this wyse,
viz., to tak thame with all aventouris of deid and weir, spait and watter, and all
vther aventours and caissis of fortoun or casualiteis, and to resaif thame at the
Mertymes day at none as they salhappin to be at the tyme, and sall that yeir
vphald the saidis mylnis in all maner of gangand grayth bigingis and vtheris,
and in ledys and dammys as thay will be seruit, vpoun thair awin expens, and
deliuer thame at the nixt Mertymes in siclyke wyse as he resauis thame, and to
pay the males that beis promittit at the taiking of thame; and quhidder that
mylnis and dammys be brokin and had away be tempest of wedder, spait or
vtherwyse, nathing to be defalkit nor allowit thairfor, bot to be delyuerit in sic
stait and kynde as thay ressauit thame with the myln males as said is. Item,
that na mannis pennye be tane for the assedatioun of the commoun rentis that
aw onye sowmes to the toun. Item, gif ony flour meil or victuallis cummis in
the mercat and happinis to be allegit be the fermoraris that thai ar hurt thairthrow,
nathing to be defalkit thairfoir. Item, at ilk assedatioun that this
statute be red that in tyme cumming ignorance be nocht allegit. Item, that the
provest strike to till na man that biddis for the commoun rentis, bot that he tak
souretie thairfoir as he will ansuer to the toun as dettour for the samyn, and at
ilk xl dayis end the fermoraris pay thair ferme according to the rait of the
assedatioun, and gif it beis nocht payit than the provest to charge the fermorar
and his souerteis in waird thair to remane quhill it be payit, and quha that relevis
thame that they be put in waird and remane thair quhill the said ferme be payit.
22nd September 1497.
Ane grandgore act.
It is our Soueraine Lordis will, and the command of the lordis of his counsale
send to the provest and baillies within this burgh, that this proclamatioun
followand be put till executioun for the eschewing of the greit appearand
dainger of the infectioun of his liegis fra this contagius seiknes callit the
grandgor, and the greit vther skayth that may occure to his legeis and
inhabitouris within this burgh, that is to say: We charge straitlie and commandis
be the authorite aboue writtin, that all maner of personis, being within the
fredome of this burgh, quhilkis ar infectit or hes bene infectit vncurit with
this said contagious plage callit the grandgor, devoyd red and pas furth of this
toun and compeir vpoun the sandis of Leith at x houris befoir none, and thair
sall thai haue and fynd botis reddie in the havin ordanit to thame be the officeris
of this burgh reddely furneist with victuallis to have thame to the Inche, and
thair to remane quhill God prouyde for thair health; and that all vther personis
the quhilkis takis vpoun thame to hale the said contagious infirmitie, and
takis the cure thairof, that thay devoyd and pas with thame, sua that nane of
thir personis quhilkis takis sic cure vpoun thame vse the samyn cure within
this burgh in presens nor peirt ony maner of way; and quha sa beis
fundin infectit and nocht passand to the Inche as said is be Monounday at the
sone ganging to, and in lykwayis the saidis personis that takis the said cure of
sanitie vpoun thame gif thai will vse the samyn, thai and ilk of thame salbe
brynt on the cheik with the marking irne that thai may be kennit in tyme to
cum, and thairefter gif ony of thame remainis that tha salbe banist but favouris.
22 February 1497–8.
The frauchting of schips.
Androw Bertam frauchtet for xxj and xxij[s?] he fulfilland the acts of parliament
and the statute of the towne, and hes fundin souerty Th Chisholme
for the fulfilling of the said statute, and specially for the tun fraucht to St. Gele.
(Lowse leffis.—Tr.)
William Gray hes lattin the inliane schip to fraucht to the frauchtismen
for xxj and xxij[s?], etc. (Lowse leffes.—Tr.)
27 February 1497–8.
Villa Leith. Cant.
The baillies and counsall ordanis the officeris to pas to Jhone Cant, induellar
of Leith, and command and charge him in the Kingis name and the
townis to tak doun his corbell he hes furth for a stare to be biggit vpoun thair
commoun streitt towart thair havin, with certificatioun that he do nocht
that the said officeris tak thame doun incontinent, and he is wairnit heirto in
jugement be the baillies.
28 March 1498.
[Pest.]
It is avysit and thocht expedient be the provest baillies and counsale,
forswamekill as thai ar sikkerly informit that Swanstoun, the parochin of
Curry, Vnder Crawmound, Gratale, Degarne, and the parochin of Hailles are
infectit with this contagious infirmity of pestilence, quhairfore we chairge
straitly and commandis in our Souerane Lord the Kingis name and ours, that
na manner of personis dwelland within the saidis boundis addres thame to
cum to this toun and enter within the samyn under the payne of deid; and
at na indwelleris within this burgh and boundis thairof howse harbery or resett
ony of the said personis, or thair guidis, [or] ony vtheris of suspect places, according
to the first acts, vnder the payne of byrning of all thair moveabil gudis
and banesing of this toune for all the dayes of their lyffes, bot gif thai haif
first licence heirvpoun be the provest and baillies.
10 August 1498.
Anent having of wapponis in buthis.
It is avisit thocht expedient statute and ordanit be the provest, Sir Thomas
Tod, Williame carmichaell, Thomas Chishlome, and James Aikmen, baillies,
[and] the hale counsall with the avise and consent of the haill bodye of the toun, for
the honour of our Souerane Lord the King, the honestie and proffeit of this burgh,
to the intent and to eschew at thair guidlie power the diuers and mony barganis
and tulyeis in tyme to cum that hes bene committit, in tymes bygane vpoun the
hie streittis within this toun, and vther pairtis thairof, throw the quhilkis syndrie
slauchteris and vther violenses hese bene committit, that heirfor all and syndrie
nichtbouris and inhabitantis of this toun in all pairtis thairof haue redy in thair
buithis, baith merchandmen and craftismen, fra this tyme furth besyde thame
thair defensabill geri, sic as jak, sellet, burgandynis, glufis of plait, and ane
hand ax or sword, or at the leist the said ax or sword, with sellit and glufis of
plait, to releif thairwith and cum to thair provest and baillies and quarter
maisteris incontinent quhane ony sic thingis occurris, and to pas with thair
said officiaris thus bodin quhair it sall be thocht expedient to thame, for the
Kingis honour and defens of the heretage and priuilege of the toun als oft as
neid beis, that heir throw guid reull may be had into the toun bayth day and
nycht, and the ordour and priuileges thairof obseruit and kepit; and quhat
nychtbour that aperis nocht to his said officeris thus bodin as said is, he beand
present in the toun, he sall pay xx li. to the kirk werk als oft as it hapinis; and
quhat nychtbour or indeueller that faltis and is nocht of substance to pay this
xx li., he to be set on the goif and thair haldin thrie dayis, and the caus of his
goving descriuit in writt besyde him, and thairefter banneist the toun and
boundis thairof endurand the will of the provest baillies and counsall for the
tyme; and that ilk nychtbour and indueller foirsaid haue this said furneist
geir beside him in his buith, sic as he may furneis to, as accordis for his
substance to haue, within viij dayis nyxttocum; certifeand thame that the
officeris will gar serche the samyn, and quha sa beis ouertane, nocht haifand
the samyn geir, sal pay the vnlaw of viij s. als oft as it hapinis, and thir vnlawis
and the said sowmes of xx li. quhan thai happin to fall to be tane rasit and inbrocht to
the kirkwark, but fauouris.
10 November 1498.
[Freighting of ships.]
[The ordinance of 10 November 1496 in regard to the freighting of ships was
re-enacted of this date.]
17 November 1498.
[Harbering
infectit persons.]
It is avysit statute and ordanit be the provest baillies and counsale, be the
grace of Almychtie God, in als far as thai may be diligence till eschew the
daynger of perilous seiknes of pestilence now rissin in the eist pairts and
lairgelie spreid, that heirfore in tyme to cum thai charge and commandis in
our Souerane Lord the Kingis name and thairis, that ony persoun dwelland
within this burgh and bounds thairof tak vpoun hand till hous harbery or
ressett ony maner of persoun on hors bak or on fute within thair hous place or
stabils, riche or pure, les than thai cum first to the baillies of the toun and
mak it knawin to thame and that the said baillies give theme licence thairto,
vnder the payne to thame that brekis heirinto of banesing of this towne and
confiscation of all thair guids to the vse of the commoun warkis of the
toune but favouris; and in lykewayes that nane pas to Glasquow but licence,
vnder payne of haldin furth for xl dayes.
Watche; Entering in
the toune.
Item, in lykewys, because thai haif devysit and ordanit a watche to be
within the said toune and thairabout, that ony persoun thairfore that sall happin
to be chosin on the said watche, other for nycht or day, tak vpoun hand to
resave or latt in the said toune ony of the said persouns aboue expremit, les
than thai schaw it first to the said officeris vnder the said payne; and that na
maner of persoun presume or tak vpoun hand to cum within the said towne at
bak postrouns or heid dykes or ony vther priuate places bot at the principall
entries of the said towne, vnder the payne of corporate pvnitioun to be imputt
to thame fundin doand the contrair heirof, sic as cutting of thair eiris, byrning
of thair cheiks, and banesing of the towne.
Inglis clayth;
Bairnis
[vagand]
Item, it is statute in lykewyis and forbidden that ony manner of persoun
Inglis or Scottis or ony vtheris tak vpoun hand to bring ony Inglis clayth to
this towne in ony pairts vnder the payne of byrning; and gif ony Inglis clayth to
be brocht to this towne or within this towne within thir viij dayes bygane, that
incontinent it be had away furth of the toune and bounds thairof, vnder the
payne of byrning the same incontinent but favouris. Alswa, it is statut,
eikand to the first statutes, that na maner of bairnis be sene vagand on the
gaitt nor yitt in the kirkis, vnder the payne of xl s. to be payit to the commoun
werkis be the parents of the barnis within xiij yeris of aige, and vtheris that
hes na parents to pay that thai be putt in the netherholl.
[Nichtwalkers.]
Item, that na maner of persouns be fund walkand on the gaitt fra x houris
furth of the nycht, vnder the payne of putting in the netherhole incontinent,
exceptand folkis of honesty passand thair leifull airands, and at thai haif
bowetts or candillis within thair [hands?], in taikin thairof.
Tavernis.
Item, that all tavernis and ailhous be closit in fra the said hour furth;
and als that all scuillis scail and nane to be haldin; and at the childer dwelland
to landwart remoue to thair friends incontinent, and thair to remayne quhill
God provyde remeid.
8–11 January 1498–9.
[Brousters
convict.]
(The haill browsters wer in vse to [be] callit in and convict for breking the
statutes, as at 8 January 1498 thair is callit and convict at anes to the nummer of
fyftie wyffes. The xj of January the said yeir the nummer of sixty wyffes.— Tr.)
6 February 1498–9.
[Pest.]
It is avysit and statute, in augmentatioun of the first statute, (fn. 1) that na
maner of persoun pas furth of this toune to bye or bring in within this towne
ony maner of merchandise, sic as woll, skynnis, hyds, or clayth, bot gif thai
haif licence of the baillies and counsale, and with that that thai bring sufficient
testimonialls that thai ar cum in furth of clene places, vnder the payne of
byrning of the stufe and halding furth of the persouns brekares of this
statute furth of the town.
Vittales.
Item, that na maner of stufe nor victuallis be brocht nor resauit into
this towne out of na maner of suspect places, vnder payne of byrning and
banesing of the bringares.
26 April 1499.
[Burial.]
(Ane statute vpoun the bwrial, that all croces be presentet first to the Hie
Kirk, than had to the place quhair thai wald haif bene buriet. (This in the convict
buik begynnand 5 July 1505.—Tr.)
27 April 1499.
Beir.
It is statute that na persoun sell nor tap derrer beir than for xvj d. the
galloun, vnder the payne of strikkin furth of the heid of the barrell and deilling
of the beir.
[Pest.]
It is statute and forbidden that ony persouns dwelling within this towne
howse harbery or resett ony persouns of Hadingtoun [or] Kelso, considering the
seikness is largelie spred thair, vnder the payne of deid, and als that nane of
thame cum within this towne vnder payne of byrning on thair cheiks with hett
yrne and banesing furth of the same.
[Pest.]
Item, that na maner of persoun indwellare of this towne pas till Peblis
for ony maner of airands without leif askit and obtenit fra the officeris, provest
or baillies, vnder the payne of withalding furth of the town and banesing but
favouris.
8 June 1499.
Dogs and Swyne.
It is statute and ordanit that all maner of persouns within this burgh,
haffand dogs or swyne, sall observe and keip thame in hous and band, swa
that quhair thai may be fundin in the contrair within this burgh, in hie streits
or venellis, thai to be slayne be the persouns limit thairto.
Bairnes.
Item, that na maner of bairnis within xv yeirs of aige be fundin on the
gaitt or in streitts or in the kirk, vagand, vnder the payne to the said bairnis
of putting of thame in the stoks and scurgeing of thame with wands.
Scholes.
Item, it is forbidden that ony scholes be halden be ony maner of persouns,
men or women, vnder the payne to the haldare of bannesing this towne.
Buithes.
Item, it is forbidden that ony maner of buithes be oppin to mak merchandice into, or that ony merkett be maid at the ports of this burgh or thairabout,
vnder the payne of escheitt of the guidis quhair it may be fundin, bot favouris.
Vittales,
Leith.
Item, that all persouns of this towne haiffand ony vittales of corn wyne
and floure in Leyth, that thai bring up the samyn to this towne in all guidlie
and possibill haist, for thai heif declairit to the keperis and rewlares of Leyth
that thai latt in na persouns thairin to by ony maner of vittales.
27 November 1499.
Penes mundationem ville.
The quhilk day, the provest baillies and cousale hes statute and ordanit
that thair be tane of ilk man of substance that hes thair howse to clenge, x s.
to the clengers and berares thairof, and of vtheris v.s., and of the puir according
to the faculty of thair substance.
[Clengers.]
Thir to be clengeares of all guids beand within infectit places or presumit swa, and till haif vtheris vnder thame and with thame to sufficient
nummer, ma or feware as sall be thocht expedient be the provest baillies and
counsale, and ilk ane of thame to haif for their wadges xij d. in the day, becaus
thair lawbouris ar heavy and dayngerous, viz., Will Rae, George Stewart,
James Galoway, Alexander Stobo.
[Clenging houses.]
(Followes ane number of persouns quha hes drawin and oblist them selffis
lands and guidis that thair houssis and guidis sum ar clengeit [and] sum to be
clengeit as thai will answer to the King and towne, and sum fyndes souerties.
(Lowe leiffis—Tr.)