9 January 1522–3.
The quhilk day, the provest counsall and dekyns of craftis decernis and
ordains and als statutis and ordanis, for sessing of varience and discorde amangis
the fermoraris of thair commoun myllis and the baxteris of this burgh, and
for keeping of gude reull amangis thame, that in tyme tocum the mylleris till
haue the haill gyding and reull of the mylins, and that na baxter temper
nor haue ado with the mylins in tyme tocum aganis the myllaris willis;
and gof it happinis the myllarris ony way to spill ony stuff that thai grynde
of the saidis baxteris, in thair defalt, the stuf being sufficient, the fermorais to pay the samyn to the baxteris that beis hourt, and gif the stuff
be nocht sufficient, that the myllaris of the commoun myllis refus it and
suffer nocht tge samyn to be put in the hopper to grynd, and als that all the
myllaris of the commoun mylnis be sworne vpoun the halie Evangelistis for gryning of the saidis baxteris gristis lilelye and treulie, nocht allanerlie or the
proffeit of the saidis baxteris gristis lielye and treulie, nocht allanerlie for the
proffeit of the saidis fermorais but als weill for the proffeit of the counsall and
dekynis of craftis that thair be ane day mylne alanerlie, nnochtwithstanding that
thair be quheit reddye to grynde in the samyn, and efter that the said malt be
ground in the said mylne that the saidis fermorais caus to mak and graith the
said mylne sufficientlie at all pointis, swa that the quheit that beis ground
efter the said malt be na way spilit thairthrow, and gif thair happinis ony skaith
tocum to the said quheit that beis round efter the malt as saidis, the fermorais
till reffound and pay the skaith thairof to the awneris of the saidis quheit, and
this to be obseruit and keipit in all tymes tocum.
14 January 1522–3.
of sic as refussis to serue
The baillies and counsall ordanis that quhat persoun beis warnit till pas
with the baillies for the honestie of this toun, and comperis nocht, that thai pay
xviij s. for his vnlawvnforgevin, quha euer be that falis.
24 January 1522–3.
Pro villa et
xxiiitto die mensis Januaii anno Domini jm vc xxii pontificatus domini
nostri Adriani Pape sexti anno primo, indictione xiahora quasi xiia The
quhilki day, in presens of richt renerand nobill and michti lordis sittand in
cessione, Master Adam Otterburne, common clerk of the tovne of Edinburgh
and prolocutour for the samyn, producit ane charter and infeftment vnder our
Souerane Lordis grete sele, King James the ferd of nobill mynd quham God
assolye, to the inhabitantis within the samyn giffand thame powar till persew
all personis brekaris of thar fredome within the tovne of Leith, and to pvnes
thame conforme to the actis of parliament, and gif thai disobey it salbe leifull
to the said toune to mak convocatione of our Souerane Lordis legis, and to
poind and distrenye thame thairfoir, conforme to the actis of parliament, and
inbring the tane half tharof to our said Sourerane Lordis vse, and the tother
half to be appropriat be the inhabitantis of the said tovne of Edinburgh for
the edificatione of thair kirk and common wele of the samyn, the quhilk conuocatione sal nocht be accustion nor crime to thame. And mad oppin intimacion of the said charter be my lord bischop of Aberdene in stattis to the
controller, Dauid Falconer, Edward Cockburn, John ker, and vther diuers
beand present, induellaris of the said tovne of Leith. Testibus, Johne Foular
notario publico, Willelmo Brovne heraldo, magistro Willelmo Johneston,
magistro Roberto Gawrath, [cum] multis allis.
The communite of the
toun of Edinburgh aganis
the town of Leith.
Robert Bertoun of Ouerbertoun comptrollar askit instrumentis that he
producit ane respect grantit to him be my Lord Gouernour and to vtheris for
the spaice of xix yeris fra the dait of the said respect,quhilk ilk is the xxij
day of October the yer of God jvand xxji yeris respectand him and thame
all and sundry thair landis rentis possessionis takis stendingis stor palcis
grangis woddis lowis fischingis housis biggingis tenementis croftis, &c. malis
fermis, &c. in the law and by the law, as is contenit in the samyn at
lenth, and that nochtwithstanding his said respect, he wald nocht accept it in
the mater betuix him and the town of Edinburgh, protestand that he mycht
haue it admittit in vther actiounis.
Maister Adam Ottirburne, in name and behalf of the haile communite of
the toune of Edinburgh, askit instrumentis that Robert Berton grauntit that
he had coft salmond fra the bischop of Aberdene and pakkit the samin in his
cellar within the toune of Leith.
Patrik Baroune, ane of the bailies of Edinburgh, askit instrumentis that
Robert Bertoune and the remanent of the persouns of Leith denyit that thai
had failyeit in ony poynt of the decrete gevin aganis thame sen the geving
thairof, and that he grauntit he was in vse of bying of sic gudis.
Maister James Wischart, forspekar for Robert Bertoun and the remanent
of the induellaris of Leith, than protestit thai mycht haue the decrete gevin
aganis them at the instance of the communite of the toune of Edinburgh
retretit for sic causis as thai wald libell for the reductioun.
The said Patrik Baroune askit instrumentis that the said Robert denyit
that thai had brokin ony punct contenit in the said decrete sen the geving
Patrik Baroune, balye forsaid, askit instrumentis that Maister Adame
Ottirburne in name of the hale communite of Edinburgh producit ane infeftment
vnder the grete seile maid to thame be our Souerane Lord of gud mynd,
quham God assolye, gifand thame power to persew the brekaris of thair fredome
and to execut the actis of parliament apoun thame and tak thair eschete, and
gif neid beis to mak convocatioun of our Souerane Lordis lieges to that effect,
quhilk salbe na accusatioun to tham, and to deliuer the tane half to our Souer
ane Lord and the tother half to the edificatioun of thair kirk and commoun wele
of the toune, and that thai had maid intimatioun to the said Robert Bertoune
and to the novmer of xxiiij vther persouns induellaris in Leith beand personalie
present before the Lordis.
James Logane, in the name of the town of Leith, askit instrumentis that
he offerit him to preif that the induellaris in Leith has bene ay in vs in bying
of prisis cumand in to the port of Leith.
The said James, in the name of the Lard of Lestalrig and toun of Leitht,
protestit that quhat war done betuix the town of Edinburgh and thame be the
saidis lordis sald turn thame to na preiudice.
George, Abbot of Halyrudhous, inlykwys protestit that quhat war done
betuix the saidis partiis suld turn the Halyrude to na preiudice.
Anent oure Souerane Lordis letteres purchest at the instance of the induellaris of the toune of Leith agains the provest balies counsale and communite of Edinburgh, that quhar thai haue bene in continuall vse and possessione of bying and selling and vther wayis intrometting with men of weir
that cummis in thair Firth and to by fra thame sic prises and gudis in thame
as alienaris happenis to bring in in tyme of weir, and now laitlie thai haue
bocht ane pur prys of Ingland taken be Franchemen as thai war wont to do:
Neuirtheles the said provest baillies counsale and communite has purchesit
letteres chargand the said induellaris in Leith to decist and ceis fra intromissione
with the said prys and gudis in hir and to arest the samin, allegand that
that thai haue ane decrete aganis the saidis induellaris in Leith and vtheris
that thai sald nocht pak nor peile, nor mak commoun merchandice with merchandis quhill the merchandis enter thair merchandise in the bukis of the
toune: In the quhilk decrete thair is na word nor mentioun maid of prisis tane
be weir men; and als gif ony pley sald happin to rys thairupoune for ony
gudis tane be men of weir thai materis pertenit any to the admirall and na vther
juge; and thairfore the said provest balyeis counsale and communite to produce
the saidis letteres to be sene and considerit gif thai war procedit of justice or
nocht, like as at mair lenth is content in the letteres thairupoune. The said
induellaris of Leith comperand be Robert, Bertoune, comptrollar, Dauid Falconar, Edwart Cokburne, Johnne Kerr, Johnne Logh, thair procuratouris and
with Maister James Wischart and Robert Lesly, thair forspekaris; and als
Allane Stewart, provest of Edinburgh, Maister Francis Boithuile, Maister James
Lawsoune, Patrik Baroune, and Edward Litle, baillies of the samin beand personalie present for thameself with Master Adame Ottirburne thair procuratour for
thame and in the name and behalf of the hale counsale and communite of the
said burgh of Edinburgh thair rychtis resouns, etc. The Lordis of Counsale
decretis deliueris and decernis the letteres purchest be the said provest ballies
counsale and communite of Edinburgh aganis the said Robert Bertoune, comp-
trollar, David Falconar, Edward Cokburne, Johnne Ker, Johnne Logh, and the
remanent of the persouns induellaris in Leith to be ordourelie procedit in all
punctis, becaus thai ar past conforme to the act and decrete gevin be the
Lordis of counsale at Edinburgh the xvj day of Nouember the yeir of God jmvc
and xviij yeris thairupoune; and ordanis the samin to be put to executioun as
efferis; and also decernis the pris schip and gudis now laitlie taken be the
Franchemen and brocht in the havyn and port of Leith to be comprehendit in
the said first decrete, and that the said Robert Bertoune comptrollar and remanent
of the persouns induellaris in Leith, byaris and intromettouris thairwith, has
done wrang in the bying of the said schip and gudis, and thairfor sall decist
and ceis thairfra, and lnlikwis fra bying of all vther just prisis and gudis being
thairin in tyme tocum. And efter the forme of the said first decrete, except
allanerlie the how and prisoneris that sall happin to be taken and brocht into
the said port of Leith; and sall restore and deliuer to the said provest ballies
counsale and communite of the town of Edinburgh the saidis gudis being within
the said prise intromittit with be thame, And letteres to be direct in this mater
in the ferd forme, conforme to the letteres past heirupoune in the first secund
and third formes deuly execut and indorsat, shewin and producit befor the
Comperit Robert Logane of Restalrig knycht, for him self and in the
name and behalf of his toune of Leith and induelleris thairof, protested that
quhat euir is done in this mater in contrar him and his said toune suld turne
thame to na preuidice, the King beand in his nonage, becaus thai offerit thame
to preif that thai war in vse of bying of sic prysis quhilk thai intend to persew
quhen tyme is.
27 February 1522–3.
Statutum. Merchandice. Strangearis.
The quhilk day, the baillies and counsall statutis and ordanis that fra this
day furth quhat nychtbour fremen of this toune that beis present quhane ony
vther nychtbour makis ony merchandice or bargane with strangearis in bying
of ony merchandice in Leyth or vther place, and he desyre ane pairt thairof,
that he sall haue it of the pryce as the bargane beis maid, he payand his pairt
of the money promittit for the merchandice incontinent as the pryce beis maid
20 March 1522–3.
Seal of Cause
To all and sundrie quhaise knawledge thir present letteris sall to come,
the provest baillies and councill of the brugh of Edinburgh, greeting in God
everlasting. Witt your universities that ther compearit before us counsally
gatherit within the Towbuith of the said brugh our lovite neighboures and
towne burgesses, viz. George Foulis, Walter Scott, George Gibson, David Gillas
pie, William Wilkieson, Robert Rodger, Johne Maider, Henry Scot, Alexander
Heriot, Andrew Simson, Michael Gibson, James Baird, James Scot, John
Fallsyde, Johne Black, Archibald Bartillmo, Johne Bartillmo, James Gillaspy,
Edward Thomson, Andrew Boyss, Arther Mowbray, and Michael Lochmyll,
kirkmaisteris, and the laif of the maisteris of the baxter craft within the brugh,
and present thair supplicatioune till us, makand mentione that the facultie and
power they had of before upon the guid guyding and reule of thair said craft
was destroyit, and our seal of cause tane thairfra be negligent in time of troubill,
and thairfore desyrit the samyne newlinges againe to be granted for the honour
and lovage of Godis service at thair altar of Sant Cubart, situat within our
Colledge Kirk of Sant Geille within our said brugh, and for the common profeit
of the neighboures thairof conteinand this effect. In the first, that na persounes
presume them to be maisteris of the said craft to baik thair awin stuffe to sell
without they be first prenteis, syne burges, and thairafter examynit be the
maisteris of the said craft, fundin able, and admitit thairto, and syne thairefter
till pay thair dewties as uthir craftis dois within this brugh; and also that the
said kirkmaisteris and brether of the said craft choise them ane sufficient
chaplane at thair pleasure to make devyne service at thair said altar of Sant
Cubart, upon ane competent pryce as they can agrie with the said chaplane,
sicklyke as uther craftis dois within the said burgh; and that ilk brother of the
said craft furnish the said chaplane orderly as he sall happin to cum about to
theme; and quhen any persones of the said craft happens to be chargit to for
gather with the kirkmaisters and principal maisters af the said craft to treit
upon the common weill and profyte thairof, and absent thame but rationabill
cause, that persone to pay ane pund of wax to Saint Cubarts light at thair said
altar; and also quhatever he be maister of the said craft that beis apprehendit
bakand falss and rotten stuff, or insufficient to sell again to our Soverane Lordis
liegis, sall pay ane pund of wax to thair said altar the first tyme, and for the
secund falt two pund of wax, and gif he beis overtane in the third falt he and
his bread sall be brocht before the provest and baillies, and they to punish
him thairfore as sall be thocht expedient with the avise of the kirkmaister
and worthiest of the said craft as effeirs: Item, that quhatsumever
persounes of the said craft happens till disobey the kirkmaister and the
worthiest uthir persounes forgatherit with him of the said craft for the
honour and common weill thairof sall pay fourty shillings to Saint Geilles
wark, and twa pund of wax to Saint Cubarts altar as said is; Item, that na
maister of the said craft sall take ony childer in service thairat ane or mae fra
this tyme furth but gif they be prentices and pay thair dewties as effeirs,
and that na baxter take nor resset ane uther manis servand of the said craft
under the payne of fourtie shillings to Saint Geilles wark, and twa pund of wax
to Saint Cubarts licht, or else to be expellit frae the occupatioune thairof. Item,
anent the flour baiks and fadges that cumes frae landwart into this toune to sell,
that they may be examit upone the guidnes of the stuffe and weicht for the
toune weill sycklyke as thair stuff is, sua that gif they be nocht fundin conformand
in guidness and wiecht, with the avise of the officiaris and maisteris of the
said craft that they be destroyit, and nocht to repair with syklyke stuff in tyme
thairefter sen this caiss standis baith for the common weill and common profeit
of our mylles, and also that they micht have facultie and priviledge yit as of
before to make statuts and reules for the guyding of thair said craft in honestie,
and for the common weill of the said toune, accordand till equite and reasoune.
With the quhilkis desyres we beand diligentlie avisit has considerit the samyn
and fyndes them conformand to the honour and lovage of Gode and this gude
toune and common profeit of our Souerane Lordis liegis repairand thairto, we
ratiffie and confirme the samyn in all effect above written. In witnessing of
the quhilk thing to thir our present letters we have gart append our commone
seal of cause of the said brugh at the samyn the twentie day of the moneth of
March the year of God ane thousand fyve hundreth twentie and twa yearis.
21 March 1522–3.
The quhilk day, in presens of the baillies and counsall sittand in jugement,
to the samyn, quhilkis efter followis; The haill bodye of the craft of baxterie
hes statute and ordanit anent the keoping of thair rowmes in the commoun
mylnis and to keip thame self furth of troubill in tyme tocum, that quhair
ony maister of the said craft hes quheit in diures mylnis, the first mylne
that he gryndis on he sall pas and tak furth the laif of his quheit, quhat
mylne that euir it be in, and grynd all todidder vpoun that mylne, and
gif he takis it nocht furth, it sall kep na rowme and nocht to be ground
quhill his nixt rowme cum about; and this thai ar all to do content for
the keiping of thame self fra trouble and for guid concord till be had amangis
thame; and alswa thair haif statutt and ordanit that na maister of the said
craft that beis gryndand vpoun the mylnis sall grynd till ony vther persoun
mair than ane batche, and that to quhat persoun he plessis, and nocht ellis
bot gir he lyke himself, and gif he gryndis ony mair till ony persoun than ane
batche he sall tyne his rowme at that tyme without ony fauouris; and alswa thai
haue statutt and ordanit that quhair ony maister takis multer quheit he sall
grynd the said multer quhiet becaus it is rowme fre, and als mekill mair till it;
and this thair ar all content till do for the weill of thair craift swa that thai
mister nocht till plenye daylie befoir the guid toun. The quhilkis statutis the
baillies and counsall thinkis consonant to resoun, and thairfore retefeis and
approvis the samyn in all poyntis, and ordanis the samyn to be obseruti and
keipit amangis the maisteris of said craft in all tymes to cum.
3 June 1523.
3 June 1523.
The quhilk day, in presens of the baillies sittand in jugement Mr James
Haliburtoun, procuratour for Mr Archibald Tod, resignit and left the bebefice
of sacristanrye and parroche clerkschip in the handis of the bailies counsall
and communitei, as patrones thairto, in fauouris of Sir Robert, Hopper be way
of permutation and nane vtherwayis.
30 July 1523.
Cariage. KIngis army.
The quhilk day, the baillies counsale and communitie and dekynnis of
craftis ar content to perfurnis at thait power hors of cariage to our Souerane
Lordis, army, to cary mete and drink and victuall thairto, and ar contenit that
the baillies, with rober Brus, Jhone Adamesoun, and William Adamesou, George
Lethe, Thomas Adamesoun, and William Raa, pas and commoun with Mensieur
Grossellis adn the ambassatour to the samyn effect.
The quhilk day, the baillies and counsall ordanis all the maisteris of the
baxter craft till content and pay to the fermoraris thair mayne multer, that is
to say, of ilk iiij laid tht thai brek aboue ane pek of mayne flour, and gif thair
brek les to pay na thing as vse and consuetude hes bene.
The samyn day, the baillies and counsall ordanis all the maisteris of the baxter
craft, and all baxteris within this burgh, till baik thair breid sufficientlie and
weil dryit, the twa d. laif weyand x vncis fra this tyme furth, vnder the pane
of tynsall of thair fredome and escheiting of thair breid that dois in the contrare,
and to be merkit with thair irnis as abefoir vnder the said payne.
5 December 1523.
The provest baillies and counsall statutes and ordanis, and als commandis
chairgeis all the browsteris within this burgh that thai fynd succicient souerty that
thai sall nocht brew nor tap darrer aill fra this tyme furht na for xx d. the
gallowne, and ij s. the derrest, vnder the payne of xlviij s., and gif ony brek the
first falt that the said payne be tayne, and gif thai failyie sony mair that thair
lwmes be broking and destroyit.