1. January 1579–80.
Act anentis geving out of preceptis be the clark or his deputis.
The provest and baillies, willing to remeid the greitt informalitie vsit
in all tymes past be the thesaureris, dene of gildis, and vtheris officiaris,
resaveris of the common gude and debursaris thairof be preceptis at
thair commandis quhen occasion seruit, and vnderstanding that the saidis
preceptis ar nocht insert in thair counsall buke quhairby thair successouris
succeding yeirlie in thair places ar commonlie in doubtt quither command
hes bene gevin thairto or nocht; for remeid thairof and eschewing of ony
sic doubt as mycht occur thairby heirefter, hes statute and ordanit thatt
in all tymes cuming all maner of preceptis to be direct and gevin furth
to thair saidis thesaureris, dene of gildis, and baillies, and vtheris thair
officiaris for debursing of ony sovmes of money, outher greitt or small, in
thair names subscryuit be thair common clark or his deputtis, be immediatlie efter the command gevin insert with the rest of thair actis of
counsall in the counsall buke and thairefter extractit furth thairof be thair
said clark or his deputtis as occasioun sall serue and na vtherwayes, vnder
the payne of payment of the sovmes contenit in the preceptis vtherwayes
gevin furth be thair said clark and his foirsaidis of his and thair awin
proper gudes but fauouris.
Act that na baillie geve sesing bott in his awin quarter.
Vnderstanding thame to be greitlie hurt and thair liberties gretumlie
preiugit be the geving of sasingis be the baillies of sundrie landis and
annuelerentis quhilk iustlie suld apertene to the gude tovne, quhairby
they are compellit to enter in proces with the pairtes resavaris thairof,
befoir the loirdis and vtheris juges, to thair sumptuous chairgis and greit
hurtt, thairfoir for remeid thairof statutis and ordanis thatt na maner of
sasingis be heirefter gevin within this burgh or friedome of ony maner
of landis or annuelrentis within the samyn bott be the baillie of the
quarter quhair the landis quhairof sesing is to be gevin lyis alanerlie, and
na vther, except he be absentt or seik, vnder the payne of payment of
tuenty s. to the hospitall vnforgevin be the baillie contravenar of this
presentt ordinance sa oft as he failyeis, and the baillies gevaris of the
sesingis to be ansuerabill thairfoir.
Villa, Senys, Fairlie, precept, thesaurer.
The provest, baillies, and counsall nominatis and appoyntis William
Fairlie, ane of thair counsall, to wait vpoun the persute of the actioun
of the Senys to be intentit befoir the lordis aganis the pretendit occupearis thairof, to quhome they ordane Androw Stevinson, thesaurer, to
delyuer tuenty pundis for making of the expenssis on the lettres to be
raisit and vther thingis necessar, quhairof ten pundis in hand and vther
ten quhen he requyris the samyn.
6 January 1579–80.
Villa, candilmakeris, fleschouris, extent.
Efter avysement with the supplicatioun gevin in befoir thame be
John Clavy, John Wilky, Mathow Eistoun, William Anderson, and certan
vther candilmakeris, quhairby they humblie desyrit thatt command war
gevin to the haill officiaris of this burgh to desist and ceis fra all
poynding of thame for ony sovmes quhairto they war extended be the
merchantis, alsweill in tymes begane as to cum, insafar as they war
subiect to beir all protabill charges with the dekyn and brether of the
fleschour craft as ane pendikill thairof, as be certan auld actis maid be
thair predecessouris to the saidis fleschouris mycht be sufficientlie provin;
fyndis and delyueris that heirefter the candilmakeris having na vther
tred to leve by, except the making of candill, sall be extentit with the
saidis fleschouris, and that sic of the candilmakeris as vsis ony tred of
merchandise lyke as thay have bene in all tymes past subiect to extent
with the merchantis, sall pay extentis with the merchantis alsweill for
tymes bygane as to cum.
Act, provestis burgeschipis, gildis comptis.
The provest, baillies, and counsall vnderstanding that to the provestis of the yeris past, and in speciall to George Douglas of Parkheid,
and Archibald Stewart, provestis for the tyme, thair hes bene granted
twa burgesses by and attour the sovme of ten li., expres contrair the
actis, quhairas of auld dewtie thay aucht onlie to have the benefite of
twa burgesses or ten li. thairfoir, and thatt allowance hes bene gevin to
the denis of gild of the yeris past thairof; and willing that the samyn be
remeditt in tyme cuming, concludis and decernis that in all tymes cuming
the provestis to cum have na farther benefite then hes bene granted to
thair predecessouris, to witt, outher the admissioun of twa burgesses or
ellis ten pundis thairfoir, and nocht to bruke the benefite of baith; and
ordanis thatt be the auditouris of dene of gildis comptes thair be na
farther allowance gevin than of the ane thairof, because be the granting
of baith they have found thair liberties gretumlie preiugit and the
commoun proffeit of the burgh hinderit thairby.
Act that naburgessis be maid bott att the four heid courtis.
The provest, baillies, and counsall for certan gude causis and considerationis moving thame, statutis and ordanis thatt fra this day furth
thair be na burgessis nor gildis resauit, suorn, or admitted, bott at foure
seuerall tymes in the yeir, viz.:—the four heid courtis, and thatt in
presens of the provest, baillies, and counsall for the tyme and na vtherwayes. And to the effect this thair ordinance may the better be obseruit,
ordanis thatt the lokkitt gild buke be putt vp in the chairterhous nocht
to be removit furth thairof quhill twa dayes befoir the saidis heid courttis,
to the effect the extract of the names of sic as ar insertt thairin may be
delyuerit to thame that sutis to bruke the privilege of burgesschippis and
gildried be thair fatheris richtis, vpoun thair reasonabill expenssis.
Precept, gild, lampis.
The provest, baillies, and counsall foirsaidis ordanis Lucas Wilsoun
to by sax lampis for seruing in the kirk in the wynter tyde.
Gildis comptis, stamping tikkettis, audirtouris.
Ordanis thatt in all tymes cuming, fra this communion furth, thair be
na allowance maid to the denes of gild, present or to cum, in thair
comptis of ony expenssis for stampting of the communion tikketis, because
the samyn is ane nouatioun quhilk hes nocht bene vsit of befoir, and
nathing proffitabill to the common weill, and ordanis that quhensoeuer
ony audoutours beis chosin for hering of the dene of gildis comptis, this
ordinance be intimat to thame for the better obseruing heirof.
8 January 1579–80.
Precept, thesaurer, lordis counsalbous round tabill.
[The provost, bailies, and council] ordanis Androw Stevinsoun,
thesaurer, be aduyse of the president and vther lordis of the sessioun, to
cause mak ane round taibill in the lordis over counsalhous, together with
sic vther necessairs as best for the decorement thairof salbe be thame
13 January 1579–80.
Villa, Westoun, extent.
[The provost, bailies, and council] efter avysement with the complaynt
producit befoir thame this day in Jugement be Hew Westoun, eldest sone
to vmquhill. Jhonn Westoun, burges and gild of this burgh, quhairby he
humblie desyrit that the officiaris of this burgh war commandit to desist
and ceis fra all trubling of him for payment of bygane extentis insafar as
the samyn was contrair the privilege granted be thair lordshipis predecessouris to burges barnis, finds the said Hew salbe exemit and fred fra
payment of byhane extentis and that in tyme cuming, insafar as he is
admitted thair frie burges and gild, that he be subiect to all portabill
chargis within this burgh according to the ordour.
Ordanis Eduard Jhonnstoun, youngar, to pas to waird, thair to remane
vpoun his awin expenssis ay and quhill he pay all bygane extentis, because
he hes bene oft tymes chargit thairto of befoir and disobeyit.
15 January 1579–80.
[The provost, bailies, and council] ordanis the Kingis Maiesties
wryttingis efter following to be registrat in this thair counsall buke,
quhairof the tenour followis:—Rex. Provest and baillies of our Brugh
of Edinburgh. Ye sall incontinent efter the sicht heirof resave James
Hamyltoun, sone to Robert Hamilton of Cors, and cause keip him in sure
waird within your tolbuith, that he eschew not ay and quhill he be fred be
ws, as ye will [answer] thairupon, kepand, thir presentis for your warrand.
Subscrynit with our hand at Halyroudehous, the xxv day of December, the
yeir of God jm vc lxxix yeiris. James R. Aryle, Uchiltrie, etc.
Rex. Provest and baillies of our bugh of Edinburgh, we greit
yew weill. It is our will and we charge yow that ye incontinent efter the
sicht heirof resave within the tolbuith of our said burgh George Grahame
of Compatrik, to be kepit thairin that he eschaip nocht ay and quhill he be
fred and relevit be ws, as ye will answer to ws thairupoun, keping thir presentis for your wairand. Subscryuit with our hand at our place of Halyruidhouse, the xiiij day of Januar 1579. James R.; Dumfermeling; Uchiltrie.
Villa, collectour, commissionaris assissouris to the annuellis.
The provest, baillies, and counsall foirsaid vnderstanding thame
greitlie hinderitt be wanting of certan ordinar assisouris for avysing of
the process of thair annuellis hes gevin thair full commission to thair
weilberlcouitis Henry Nesbet, Robert Kar, and William Little, baillies,
together with Jhonn Jhonnston, collectour of the saides annuellis, to pas
to maister Jhonn Schairp and sic vtheris as they think expedient and
inquyre of him quhither he will tak the burding on him to avyse the
samyn or nocht, and fynding him willing to accept the said burding on
him to compone and agrie with him for ane dewtie to be gevin to him
thairfoir, as alsua to speik Alexander King, procuratiur fiscall, and for his
paynis tane and to be tane be him in defence of the actionis intentit or
to be intented be thair said collectour of the saidis annuellis, to offer and
agrie with him for ane dewtie to be gevin him thairfoir induring thair
willis, procesand ferme and staibil, &c., and to repoirt thair ansueris on
Villa, Hert, goldsmith, Kar, baillie, precept, theasaurer, chairge, Kar, baillie.
The provest, baillies, and counsall foirsaidis vnderstanding thame
debtbound in certan sovemes of money avancit be Eduard Hert, goldsmyth,
for furtherance of the copburde presented to the Kingis Maiestie at his
entrie to this burgh, and willing that the said Eduard suld be according
to resoun reimbursit thairof, ordanis thair theasuer Androw Stevinsoun,
to delyuer to Robert Kar, baillie, the sovme of four scoir four punsdis
[blank] to be gevin be him to the said Eduard vpoun compte and
rekning, and the said Robert being always astricted to refound and pay
the samyn agane to the said Androw Stevinsoun without dilay, and incais
the said Robert Kar, baille, pay nocht the said sovme to the said
thesaurer, the samyn salbe allowit to him in his comptes of thesaurary.
Villa, Ros, extentis, protestiounes, Nesbett, Wilky.
In presens [of the bailies and council] comperit Thomas Ros, secund
sone to James Ros, merchant, and being inquyrit quhy he payit nocht his
extentis bygane with the merchantis, ansuerit that he had payit the
samyn already with the skynneris, and, inrespect of that he wes ane
skynner, aucht nocht to be compellit to extent with the merchantis, as
alsua being demandit quhow lang he remaint prenteis at the skynner
craft, deponit he remanit twa yeiris alanerlie, quhairvponun Henry Nesbett,
baillie, in name of the gude tovene, askit instrumentis and ordanis the said
Thomas, nochitwitstanding his allegit payment of extentis bygane with
the skynneris, to pay with the merchantis because he traffecquid with
merchandise and vsis nocht the skynner craft; and Jhonn Wilky, skynner,
in name of the dekyn and brethrence of the skynner craft, protested that
this thair decreit gevin agains the said Thomas Ros, as he allegit, skynner,
suld nocht preiuge thair craft, and that nochtwithstanding the samyn he
war subiect to extentis with thame, and nocht with the merchantis, insafar
as he is admitted frieman to the said craft, and the haill counsall in the
countrair, and heirvpoun ather of thame askit instrumentis.
Mak, Portuous, nichtbourheid.
The provest, baillies, and counsall ordanis George Mak to remove the
watter spoutt biggit be him vpoun the land pertening to him layand
foirnentis the Salttrone, and thair clark to forme ane decreit vpoun the
supplication producit befoir thame be Elizabeth Portunos, and insert the
samyn in thair nichtbourheid buke, and thairefter delyuer his the extract
thairof vpon hir expens, quhilk they ratefie and apprevis in the said
20 January 1579–80.
Villa, extentis, Acheaoun of Goffurde, and Mariorebankis of Rasthow.
[The provost, bailies, and council] efter avysement with the complaint
gevin in befoir thame be Alexander Achesoun of Goffurde, and Thomas
Mariorebankis of Rathow, bering thame to be greitlie hurtt be the daylie
extentis laid vpoun thame nochtwithstanding thatt they visitt na maner
of traffique within this Burgh, nor without the samyn, and had onlie the
titille and name of burgesses doand thair obseruance to the gude tovne in
all thair effaires according to thair power, and yit war extentit with
the hiest to thair damnpnage and skaith, quhairby they wald be compellit
to geve our thair friedome exceptt remeid war provydit, and thairfoir maist
humblie desyrit thatt command war gevint to the baillies and officiaris of
the yeries past to desist and ceis from all troubling of thame for payment
of extentis bygane in respect of the premissis, and that in tyme cuming
they war alanerlie extented with the rest of the nichtbouris of this burgh
according to thair habilitie quhenever thair occurrit ony raid or quhir the
extent war laid vpon landis within burgh, and na vtherwayes. Fyndis
and delyueris thatt conforme to the appoyntment taikin be Jhonn Adamsoun and Williame Littill, baillies, direct be thame to tak suir myndis with
the said Alexander and Thomas heiranent, the said Alexander Achesoun
in compleit payment of all extentis bygane be compositioun sall pay
saxtene pundis, and the said Thomas Mariorebankis be the lyke compositioun to pay tuelf pundis for all byganis, and thatt in tyme cuming
quhensoeuer ony occasioun of extentis sall occur, to be subietis to the
payment of extentis concerning raidis allanarlie and na vtherwayes, and
impositioun vpon landis efter the raid of thair hertage within the samyn
except it sal happin thame to traffique in merchanside or vse ony forther
tred within this burgh nor they do now presentlie at the making heirof.
Littill, walter baillie in Leith, Symsoun in Inuerkething.
It being mentionat to thair lordshipis be Henry Symsoun in Inuerkething, skipper of ane craiv thairof, that Jhonn Littill, walter baillie of
Leith, had begon ane new novatioun vpoun him be compelling him to
pay fourty penneis for his boitt as he allegit, within the hawin of Leith,
quhilk he was never in vse to pay of befoir, and thairfoir desyrit that
remeid war putt thairto in tyme, and he dischartgit of ony sic dewtic
in respect of the premissis; efter rype avysement heirwith, baith the
saidis pariteis being removit, and agane incallit, and ather of thair
allegances at lenth hard, sene, and vnderstand, fyndis and delyueris that
the said Jhonn Littill hes done na wrange in vplifting of the said dewtie
of fourty penneis, insafar as it is cleirlie vnderstand be thame that the
said Henries hes ane spynill craiv and na boitt quhilk of auld dewtie
never payit les, nor aucht to pay les, for hir ankerage syluer within the
havin, nor fourty penneis; quhairvpoun the said Jhonn Littill, walter baillie,
22 January 1579–80.
Pryces, wynis, Dounies schip.
[The provost, bailies, and council] fyndis that the merchantis and
merineris of the schip callit the William of Leith, quhairof William Dowon
is maister, may sell thair wynis commonlie to all our Souerane Loirdis lieges
for the scoir fyvetene pundis, the samyn being maid price conforme to
thair aithis taikin of befoir that they had coft the samyn in Burdealis for
xxj crovnis and ane half, compting for ilk frank xvj s., twelf li. of fraucht,
and of lekkage aucht pundis, with the expenssis maid on the sellaring and
sellar maill thairof and vther charges, and Androw Jowsy [became] souerty
that the samyn salbe sauld of the price abouewrittin.
27 January 1579–80.
Act for bringing of all comptis to be insert in the buke of responde.
The baillies and counsall foirsaid vndersatanding thame selues and
the common weill of this burgh to be greitlie hurtt be the nocht inserting
of thair thesaureris, dene of gild, baillies, and collectouris comptes of
the yeris past, as vse hes bene of befoir, ordanis thair clark to seik out the
haill comptes sen the laitt trublis, and bring the samyn befoir thame on
Fryday nixt to the effect abouewrittin, as alsua ordanis the dene of gild
to bring with him the lokkit buke of burgesschippis for inputting thairof
in the chairterhous, conforme to the act maid thairanent.
Act for poynding or wairding of sic as refusis to contribute with thair nychtbouris, awneris of wynis.
The provest, baillies, and counsall foirsaid vnderstanding ane greit
nomber of the awneris of the wynis laitlie cum from Burdealis to be very
obstinat in contributing with thair nychtbouris in deserting of thame
befoir the secreitt counsall, ordanis officaris to poynd or waird all sic as
refusis to beir thair pairt of the charges and expenssis to be maid on the
men of law, scrybis, and maissouris, and that because the samyn is done
for ane common proffeitt and they participant thairof.
5 February 1579–80.
Act for conuening the Auditouris.
Ordanis actis to be direct for conuening of the auditouris of
comptes to be in the counsalhous on Wednesday nixt be twa houris
efter none and to conuene Androw Sklater, John Acheson, Robert Kar,
younger, and maister Jhonn Marioribankis to be rady to mak thair
comptes of the extentis vplifted be thame the tyme of thair offices of
Charge, thesaurer, Henrisouns escheitt.
The provest, baillies, and counsall vnderstanding Agnes Henrisoun,
sister to vmquhill Sir Eduard Henrisoun, to have put down hir self, and
thairby the eschiet of all hir gudes movabill an vnmovabill to becum in
thair handis, componis with James Henrisoun, son to the said vmquhill
Sir Eduard, for ten libris, quhome they mak their cessionar and assign in
and to the vplifting, craving, and resauing of the samyn, quhilk sovme
they ordane him to pay to thair thesaurer.
9 February 1579–80.
Villa, precept, thesaurer, collectour, ministeris.
The provest, baillies, and counsall, and dekynnis vnderstanding Jhonn
Jhounston, their collectour, nocht to have as yit recouerit sic sommes
of money of thair annuellis as wald satefie the ministeris of this
burgh of thair stipendis, ordanis Andrew Stevinsoun, thair thesaurer,
to delyver vnto him the sovme of sax hundreth merkis of the rediest
of thair commoun gude, quhilk sovme they all in ane voce consentis
and aggreis be augmented to the first extent thatt salhappin to be
raisit vpoun this burgh for payment to be maid thairof agane to the
10 February 1579–80.
Villa, pure, Sanct Paullis Wark.
Appoyntis William Littill, baillie, and maister Jhonn Preston to destribute the syluer being in ane box apprehendit in Sir William Magdowgallis possessioun appertening to the pure of the Hospitall of Sancttis
Paullis wark amang thame.
Villa, maltmen, mettis, Leith.
The provest, baillies, and counsall fyndis the desyr of the maltmen of
this burgh resonabill quhairby they desyrit suretie vpoun thair expenssis
to cawse mak thre or four fourletis with als mony pekis for breking of the
mesouris of Leith, and to be furthcumand to thame quhenever they had ado
with metting of ony victualis thair, as vnpossibill sall it be to the samyn
ayther to be maid les or mair to the greit vtilitie alsweill of thame as all
vtheris our Souerane Lordis liegis resorting to Leith, the samyn fourletis
and pekis to remane in the custodie of the fermoraris of the pettecustomis
thair to be furthercumand as said is; and thairfoir appoyntis Robert Kar,
baillie, together with the dene of gild, thesaurer, and Rychart Abircrumby of
the counsall to se the samyn fourletis and pekis met and mesourit and
thairefter gevin to the saidis fermoraris to be vsit as is abouewrittin.
Act for wairding or poynding for xij d. of the pund.
The prouest, baillies, counsall, and dekynis foirsaidis, in consideration
of the act of parliament anentis xij d. of ilk pund to be vplifted of all sic
as tynis thair actionis in the tolbiuth befoir the juges, and to the effect the
samyn may be execute with all vigour aganis the contravenaris thair of,
ordanis actis of wairding or poynding to be direct for poynding or wairding
of all personis conuict or that heirefter salbe conuict in ony soumes befoir
thame for the saidis xij d. of euerolk pund as the samyn salbe gevin vp
in bill be Robert Kar, Baillie, and subscryuit be thair clark or any vtheris
to succeid in the said Robertis place efter him, and that the officiaris of
this burgh put the saidis decreitis obtenit or to be obtenit without dilay to
execution vnder the payne of deprivatioun of thame of thair offices.
11 Feburary 1579–80.
Rex, vill, Forbesses.
[The provost, bailies, and council] being convenit in the counsalhous
of the said burgh, the said Henry Nesbett, baillie, exhibit and producit
befoir thame the Kingis Maiesties wryting subscryuit be his Hienes the
Erle of Argyle and Lord Cathcart, quhilk being red and considerit be the
saidis provest, baillies, and counsall, they ordanit the samyn to be registrat
and insert in thair counsall buke, and the originall to be put in keping in
thair charterhous amangis the rest of the tovnis evidentis thair to remane
ad perpetuam rei memoriam and be ane warrand to thame and thair successouris at the handis of all pairties havand entres; of the quhilk writing
the tenour followis:—Rex. Provest and baillies of our burgh of Edinburgh, we greit yow weill. Forsamekill as Jhonn Maister of Forbes,
maister Arthour Forbes, brother to the laird of Cors, James Forbes of
Barnis, Gilbert Forbes, Arthour Forbes of Carndully, William Forbes, his
brother, and William Forbes of Singache, seruandis to the said Maister of
Forbes, hes found souerty acted in our buikis of secreit counsall that they
sall remane and keip ward within the poirtis of our burgh of Edinburgh
and nocht transcend the boundis thairof ay and quhill forther libertie be
granted be ws to thame, vnder the payne of xxm merkis. Quairfoir it is
our will and we command yow that incontinent efter the sycht heirof ye
deleit the Act maid for the remaining and keping waird be the said Maister
and his seruandis within thair luging in our said burgh quhairthrow the
samyn have na forther strenth, force, effect, nor executioun aganis thame
nor thair soureties contenit thairon in tyme cuming, as ye will ansuer to
ws thairupoun kepand thir present for thair warrand. Subscryuit with
our hand at Halyruidhous the fourt day of Februar, the yeir of God
jm vc thre scoir nyntene yeris. James R. Argyle, Cathcart. And
thairefter for obedience of the said wryting the saidis provest, baillies,
and counsall ordanit the Act mentionat thairin insert in thair Act buke
anent the remaning and keping of waird be the saidis Maister of Forbes
and his seruandis within thair luging in the said burgh, to be deleit furth
of the saidis bukis, and have na strenth, force, nor effect aganis the said
Maister of Forbes his seruandis and cautioneris in ony tyme cuming,
quhairvpon maister Jhonn Skene, aduocat, in name of the said Maister
and his foirsaidis askit instrumentis.
17 February 1579–80.
Precept, thesaurer, Kingis bankett.
[The provost, bailies, and council] ordanis Androw Stevinson, thesaurer, to delyuer to the said Alexander Clark, provest, ane hundreth and
sax pundis for the expenssis of ane bankett maid be him to the Kingis
Maiestie and lordis of secreitt counsall.
19 February 1579–80.
Villa, Commissioneris to the Conventioun of Burrowis in Glasgow.
The provest, baillies, and counsall foirsaidis namis and constitutis
Henry Nesbett, baillie, Jhonn Arnot, and Henry Charteris or ony twa of
thame thair very lawfull, vndowted, and irreuocabill procuratouris, actouris,
doaris, and commissioneris in thair names to compeir in the tovne of
Glasgow in the conuention of burrowis to be haldin and begun the
xxiiij of this instant and thair to reson, intreit, and conclude with the
remanent commissioneris of burrowis in all thingis concerning the weill
of burrowis and estait of merchantis as salbe proponit in the said
conuentioun, promesand to hald ferme and staibill, etc.; and becaus it
hes oftymes cum to pas that dyueris of the nychtbouris of this
burgh being zelous, ernist, and cairfull of the weil thairof, neuertheles,
insteid of recompance of thair gude willis and seruice, hes bene
molestead and troublit in thair bodies and gudes to thair havy dampnage
and skaith, for the quhilk thay have resauit na recompance nor gude
deid; for remeid thairof and that na persoun sal have occasioun to fall
from thair formar zeill and commoun weill of this burgh for feir and lois of
thair guides, bot rather to be instigat and be all meanis possibill provokit
to continew thairintill conforme to thair bondin dewtie, thairfor the
saidis provest, baillies, and counsall hes be thir presentis statute and
ordanit that gif it sal happin ony of the saidis commissioneris quhilkis ar
presentlie to pas to the said conuentioun in the common effaires of this
burgh or yit ony vther persoun ane nychtbour and burges of this burgh
or vtheris at ony tyme heirefter to be imprisonit, trublit, or ony wayis
molested be supreme power or authorities in thair bodies, landis, or gudes,
that the samyn salbe haldin repute and estemit as the tovnis awin proper
actioun and cause; and the saidis provest, baillies, and counsall be
the tenour heirof bindis and oblesis thameselues and thair successouris
nocht onlie to fortefie and assist the saidis personis troublit as said is,
with thair bodies, landis, and guidis, and to travell, laubour, and procure
thair releif and friedome gif it happinis thame to be imprisonit as said is,
bvt als to refound, content, and pay thame and thair airis all and
quhatsumever expenssis, dampnages, adn interes it salhappin thame or
ony of thame to mak or sustene during thair saidis trublis, as they or
thair airis sall geve vp and mak faith the saidis dampnages and expenssis
to extend to, vpon thair consciences, and to that effect ayther to cause the
haill tovne contribute thairto, or to refound the samyn of the rediest of
the common gudes of this burgh as best sall pleis the pairtie troublit as
said is: and forther be resoun that the troubling and molesting of the
saidis nychtbouris hes bene and may happin to be coullourit with the
titill of ane privat cryme or offence, quheras the samyn in veritie is done
for the common cause, the saidis provest, baillies, and counsall willis and
grantis that the samyn salbe haldin and repute to have bene done for
na vther cawse but for ane zele and favour they had to the wiell of the
gude tovne, and that ay and quhill they happin to be tryit and conuict be
ordour of law for the same as for thair awin privat cryme or dimerites and
quhill the samyn be done the saidis provest, baillies, and counsall and
thair successouris to be haldin to refound thair coistis, dampnages, and
expenssis in maner foirsaid.
24 February 1579–80.
Precept, thesaurer, Actis of Parliament.
Ordanis Andro Stevinsoun, thesaurer, to gett and by all the Actis of
Parliament that ar prentit and maid sen the regiment of vmquhill James
Erle of Murray; and to deliuer the same to the clerkis to be kepit to the
Compositio, Gilbert, chairge, collectour.
Michaell Gilbert, goldsmyth, referrit him in the townes will als weill
anent the byerunis as in tyme cuming of the annuelrent of twelf merkis
awand furth of his land in Leyth to the freiris predicatouris of this burgh,
and of ane merk annuell awand to the saidis freiris furth of his land in the
Castell Hill; and the saidis prouest, baillies, and counsale in consideratioun
that the said land in Leyth is waist and hes gevin na maill sen the first sege
of Leyth, thai discharge to him the byrunis of the said annuell of xij
merkis, and ordanis to pay nyne merkis yeirlie in tyme cuming for the said
annuell, dischairgeing him of the rest thairof, and als ordanis him to pay
ten merkis for the byrun annuellis of the said annuell, and in compleitt payment of the byrunis thairof, and to mak thankfull payment of the said
amendit annuel in tyme cuming, quhilk the said Michaell acceptit and
was content thairwith, and oblist himself, his airis and assignayes to
the payment thairof according to the said compositioun.
2 March. 1579–80.
Ordanis the thesaurer to refound and pay to may Lord Prouest the
sowme of sextein schillingis debursit be his lordship to ane boy sent to
Stirling to the townis commissioneris with ansuer to thair bill sent to the
Precept, thesaurer, javellour, coillis
Ordanis Andro Stevinsoun, thesaurer, to content and pay to Andro
Lindsay, javelour, the sowm of ten pundis in compleitt of all maner of
coilles furnist be him to the lordis of sessioun, to the kirk, and town this
M' Gregour wering dags.
Allaster M'Gregour, seruand or dependare vpoun the laird of Gairdne
being recentlie apprehendit be the officiaris of this burgh of wering, bering,
and vsing ane chairgett dag at his belt, with powlder and bullat, and with
the flaskis thairof contrair the Actis of Parliament; and being callit in and
accusit thairvpoun in presens of the said laird confessit the premissis to
be of verity, and thairfore the saidis prouest, baillies, and counsale ordanit
the said Allaster to be putt in waird, and the morn to be putt to the
knawlege of an assyse.
4 March 1579–80.
Precept, thesaurer, hie scole.
The provest, baillies, and counsall foirsaidis ordanis Androw
Stevinsoun, thesaurer, vpoun the maister of the scoles expenssis to
cawse mend the vtter dur of the scolehous and clois thairof with sic vther
thingis as ar spiltt in the said maisteris negligence.
Fyndis that James Douglas, sone to George Douglas of Parkheid,
and his complices now in waird for the hurting of [blank] Asbowane, sall
remane still thairin.
9 March 1579–80.
Repoirt, chirurgeanis, hurting of Asbowane be Douglas.
Comperit Robert Henrison, Henry Blythe, Henry Brussett and Henry
Lumbisden, chirurgeanis, and reportit that they as yit culd geve na
resolute ansuer towart the hurting of Robert Asbowane be James
Douglas and his complices, bot that he is in danger quhill forther tryell.
11 March 1579–80.
Comperit Jhone Lowsoun, chirurgean, quha being sworn maid fayth
that Nicoll Haistie, cordiner, is in na daynger of his lyfe of the hurt and
wound gevin him be Thomas Crawfurd, as wes knawin to the said Jhone
quha hes the curing and handling of the said Nicollas; thairfore thai
ordane the said Thomas to be putt to liberty furth of waird vpoun
cawtioun: and Alexander Gilbert, goldsmyth, is becum souerty for the
entrie of the said Thomas as law will and for all thingis the toun may
lay to his chairge.
Villa, Dowg-lass putt to liberty.
In presens of [the provost, bailies, and council] comperit Robert
Henrysoun, Howie Brussat, Henry Blyth, Gilbert Primrose, James
Lyndsay, James Craig, and Henry Lumisdaill, chirurgeanes, and maid
fayth that thai had oft and sindry tymes viseit and sene the pausing,
dressing, curing, and handling of Robert Asbowance, quha wes laitlie hurt
and woundit be James Dowglas, sone to George Douglas of Parkheid, his
seruandis and complices, vpoun the fourt day of Marche instant, and in
speciall that this instant day, betuix thre and four at efter none, they had sene
his woundis dressit and handlit, quhairvpoun thai declairit and maid fayth
as said is that the said Robert Asbowane wes nor is in a danger nor perell
of his lyfe or of mutilatioun of this present hurt at this tyme. In respect
of the quhilk declaratioun and of the Kingis Maiesties writting direct
and sent to my lord prouest for putting of the saidis persounis to libertie,
the saidis prouest, baillies, and counsale ordanis the said James Dowglas
and George Crawfurd, James Twedy, Hew Ros, and the remanent his
complices and seruandis presentlie in waird, to be fred and putt to libertie
vpoun cautioun to ansuer at the pairteis instance as law will, and forther
to be ansurerabill to the Kingis Maiestie and to the guid toun as thai sall
pleis to chairge, vnder the payme of fyve thousand markis, as als to releis
and keip the toun skaythles at all handis quhome it efferit. And thairafter James Hunter, merchant, and William Cokky, goldsmyth, become
actit cawtioneris and souerteis coniunctlie and seuerallie for the saidis
persons in maner foresaid; and the said George Dowglas of Parkheid
actit himself to releif the saidis personis cawtioneris and souerteis foresaidis of the premissis.
13 March 1579–80.
[The provost, bailies, and council] being convenit in the counsal hous
of this burgh, with the ministeris and ane pairt of the eldares and
deikynic of the kirk for taking of ordour anent the puir that the toun
may be purgeit of owtland beggares, vagaboundis, and idill persounis, and
for sustening of thair awin puir conforme to the actis of parliament,
ordanis proclamatioun be maid throw the toun be the saesche and sound
of bell, the morn be allevin houris, chairgeing all straynge and owtland
beggares and all vther idill persounis, vagabundes without maister or
certane covatioun, to depairt furth of this burgh within allevin houres nixt
thairafter vnder the paynes contenit in the said actis of parliament to be
execute aganis thame with all rigour; and to chairge thair awin puir to
convene thameselffis on Wednisday nixt be ane efter none in the Gray
Freir kirk yaird and giv vp thair names and aige and remaining, and, sic
as beis fund worthie, to resaue thair toikinis be the quhilk thai sal be
sufferit to ask day lie almous throw the toun, and sic as convenis nocht that
may travell, and sall want the said toikin, to be baynist the toun.
16 March 1579–80.
Thesaurer, fermoreris, wairding.
Ordanis actes to be direct chairgeing the fermoreris of the commoun
mylnes of this present yeir and thair souerteis to ansuer and mak payment
to the thesaurer of the dewty of the mylnes this last quarter bypast,
vnder the payne of wairding of thair persounis, and gif thai failyie to putt
thame in waird thair to remane vpoun thair awin expenssis quhill thankfull
payment be maid.
18 March 1579–80.
The provest, baillies, and counsall foirsaidis electis and chusis in place of
Jhonn Wilky of the counsall to supplie his place at all tymes during his
absence, Thomas Aikinheid, and ordanis the said Thomas to be present
to geve his ayth on Wednisday nixt befoir thame, conforme to the
23 March 1579–80.
Comperit the deikynis of craftis following, to witt, the deikynis of the
skynneris, chirurgeanes, hammermen, baxteris, tailyeouris, flescheouris,
cordineris, goldsmythis, wobsteris, [blank] to quhome it wes assignit to
gif thair ansuer and resolutioun anent the ordour to be tane for sustening
of the puir of this burgh conforme to the actis of the last parliament maid
thairanent, and for ansuer thairto for thame selffis and in name of the
haill craftis of this burgh, offerrit to tak and sufficientlie sustene and vphald
from begging thair awing puir, sic as ar faillit craftismen with thair wyffes,
bairnis, and seruandis, and thairvpoun askit instrumentis.
Wemen taverneris dischairget.
Forsamekill as it is perfytelie knawin and vnderstand to the provest,
baillies, and counsall of this burgh, that the filthie vyce of fornication,
drukkennes, and all kynde of pollution is daylie increst, throw the greit
multitude of wemen tavernaris, dry topstairis, and ventaris of wyne, aill, and
beir, quha for the particular lucre and gaynes to thame selues and thair
maisteris, intysis the youth and insolent pepill to sic filthynes, provoking
thairby the wraith and the displesour of God appearandlie to fall vpoun this
citie, gif haistie remeid be nocht provydit thairto; thairfoir the saidis provest, baillies, and counsall statutis and ordanis thatt na wemen be sufferit
or thoilit to vent, ryn or sell wyne, aill, or beir, within the boundis and friedome of this burgh fra the feist of Witsonday nixt to cum, in the yeir of
God 1580 yeiris, discharging thame of the samyn in all tyme heirefter, and
inhibiting all friemen burgessis of this burgh or vtheris induellaris of the
same to tak in, hous, vphald, or sustene in thair tavernis, landis, or houssis,
any of the saidis wemen tavernaris, wyne ventairis, or topstairis of wyne,
aill, or beir, bot thatt they committ the cure and charge thairof to the
men seruandis hyritt or to be hyritt and conducit be thame to that effect,
and this vnder the payne and vnlaw of fyve libris to be tane of the maister
or maisteris, and banesing of the wemen of this tovne and friedome thairof for the first faltt, and for the second faltt vnder the payne and vnlaw of
ten pundis to be tane of the saidis maisteris and burnyng of the wemen
and seruandis on the cheikis, and the thrid falt to the said maister and
maisteris spayning from that kynde of tred and tynsall of thair friedomes
and liberties for euir, and the wemen to be scurgitt throw this burgh, provyding alwayis this act be nocht preiudiciall to friemenis wyves or
wedowis of frie burgessis to have and exerce the said tred thame selues
in thair proper personis alanerlie, they first making intimation and declaratioun to the saidis provest, baillies, and counsall of the samyn, and efter
tryell had of thair estait, lyfe, and counersation obtene licence to thatt
effect and fynd sicker souerty that vnder the cullour of thair awin libertie
they sall nocht committ the cure thairof to thair wemen seruandis and
brek this act in ony poyny; quhilkis paynis and vnlawis salbe vplifted and
execute with all rigour: and now becaus the tyme of hyring and putting
away of seruandis is att hand, the saidis provest, baillies and counsall
ordanis this present act and ordinance to be proclamit throw this burgh
vpon ane mercat day that nane pretend ignorance of the samyn. [There
is written on the margin] This act wes proclamit throw the toun on
Mononday the 28 of Marche 1580, be sound of the taberon.
25 March 1580.
Vnderstanding that diueris nychtboures of this burgh hes vsit in tymes
bypast ane kynd of litting of clayth with orchard litt blew brissell and
vther sortis of fals littis, to the greitt hurt and dissaving of our Souerane
Lordis lieges and preiudice of this commoun weill; thairfore the saidis
prouest, baillies and counsale hes inhibit and be this present ordinance
inhibitis and dischairgeis all nychtbouris, induellaris of this burgh, libertie,
and friedome of the samyn, merchantis and vtheris traffecquaris be sea or
land, thatt nane of thame tak vpoun hand to bring hame or have to sell
within thair houssis, buithis or chopies ony of the said orchard litt blew
brissell or sic kynde of fals litt in tyme cuming, or yitt that ony littistaris
men or wemen presume to vse or occupy the saidis fals littis in litting of
woll or claith, and this vnder the payne of confiscation of the said fals litt
to the merchant, and ane vnlaw of ten pundis to be taikin of the said merchant and littistaris sa oft as they sall contravene this present ordinance
to be dewlie and lawfully proclamit and publeschit within thair friedomes
and jurisdictioun that nane pretend ignorance of ther samyn. [There is
written on the margin] Proclamit the xxviij of Marche, 1580.
30 March 1580.
Precept, thesaurer, tolbuith dur.
Ordanis Andro Stevinsoun, thesaurer, to caus mak and sett vpoun the
turnepyke of their tholbuith and javellour hous ane sufficient dur quhiar
thair wes ane of befoir, and to furneis lok, key, bandis and bolts of yrne,
and all vthor necessaris to the sam.
Commission, Nesbett, clayth of fals litt.
Gevis and grantis full power and commissioun to Henry Nesbett,
baillie, Charles Geddes and Jhonn Balikburn, younger, draiperis, Jhonn
Gardne, Jhonn Setoun, and William Hoppringill, litsteris, to pas, visie, and
sicht ane pece of clayth of xx elne of lenth or thairby pertening to
Margaret Gray and [Blank] Ritchertsoun, merchant, apprehendit be
the said litsteris in the handis of Johnn Fairlie, warlker, and suspectit to be
littit with fals cullouris, to trye the sufficiencie of the said litt, and to
report their ansuer on [blank] and in the manetyme ordanis the sam to
be putt vnder arreistment.
Villa, hous at Maweris mylne.
Ordanis Henry Nesbett, baillie, [and six others] to pas to the toun
mylnis on the Watter of Leyth, and thair sycht visie and considder the
grund and land on the West syde of Mawse mylne lyand contiguous
thairto, gif the sam be meitt and commodious for bigging of ane hous
thairvpoun for saiffing and keping of the stufe brocht to grind at the said
mylnis be the nychtboures and baxteris of this burgh, becaus the mylne
hous is nocht habill to contene the same: and as thai fynd be oculare
inspectioun to report thair ansuer and jugement on this day aucht