Extracts From the Records of the Burgh of Edinburgh, 1403-1528. Originally published by Scottish Burgh Records Society, Edinburgh, 1869.
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The provest bailies and counsall consentis and grantis oblissand thame and thair successouris till thair louittis Maister Adame Otterburne, Ihone of Craik, Williame Thomesoun, and Thomas Steill, forsamekle as thai haue tane vpoun hand for to deliuer to Unicorne Herald the sowme of ten li.gs. for his waigis and passage in the paritis of Flanderis for the commoun weill of merchandice, that heirfor the saidis personis sall haue full power till tak and ressaue of everye sek of guidis reparand this nixt wayage within the Dukis landis xviij gs., and of all vther guidis efferand thairto, and gif thai get na payment thairof the toun sall pay thame heir at hame ten notfor the li. gs., thai deliuerand the names of thame that thai get na payment of, and the saidis personis to haue twa li. gs. for their labouris, and of the excrescens gif thai happin ony to gett aboue the xij li. gs. in the haill, thai to mak reknyng thairof to the toun, with intimatioun to thame that hes the saidis guidis and thai will nocht pay the said xviij g. thai sall pay heir at hame for ilk xij gs. v s. scottis.
The president baillies counsall and communite hes grantit and consentit that ane extent be gatherit of the haill communitie extending to the sowme of veli., with the dettis awand to the toun for the furnesing and defens of the samyn, efter the forme and effect of our Souerane Lordis writingis direct for that intent.
My lord principle provest hes interponit his ordinar jurisdictioun and authoritie, chargeand his president and baillies that thai incontinent ingather the extent maid vpoun the nychtbouris of the toun for the strenthing of the saymn, and furnesing of artailyerie for the resisting of the auld innemeis of Ingland, and that thai be nocht disobeyit be nane of the persones wedowis nor vtheris that are taxt in the said extent, and euerie wedow sustene sum, and sum twa or ma conforme to thair substance, for the defence of the said toun, and that ilk person haifand heidyaird dykes that thai big vp the samyn within xv dayis, vnder the payne till euerye ane of thame v li. to the kirk werk.
The president baillies and counsall hes statute yitt as of befoir for the reull to be had in the commoun mylnis betuix the maisteris of the baxter craft within this burgh, viz., that in tyme of scant watter ilk nychtbour thairof sall haue facultie and priuelege to grynd four laid of quheit in his dew place, and viii laid to be brokin in his roume as accordis, and sa ilk nychtbour efter vther to be servit, and quhane ony persoun cumis nocht till keip his roume it sall be lesome to the persoun that sould be nixt to occupy that place for that tyme, and sa his followare to have the dew cours; and quhat persoun of the said craft that beis apprehendit brekand the said statute sall be xx s., xv s. to the kirk werk, and v s. to thair awin altar, and Alexander Gray serchour heirof to be recompansit for his laubouris, and the burges of the toun and multur quheit till haue thair priuelege as thai war wount till haue.
In presens of my lord chammerlane, principall provest, baillies and counsall of Edinburgh, it was proponit and allegeit agains Walter Ker induellar in Leyth that he had brokin the priueliegis of the burgh and toun of Edinburgh grantit to thame be diuers Kingis of guid memorie vnder thair greit selis, specialie now of lait in the bying of certane schippis and guidis takyne and brocht be Frenchmen within thair watter port and havin of Leith, nocht sufferand the samyn to be sauld to the fre merchandis and burgessis within this burgh according to the lawis of the realme and priuilege grantit to the said burgh as said is. The bying of the saidis guidis the said Walter grantit and put him in the townis will thairfore, and as than thai wald nocht gif extreme sentence thairvpoun in the escheiting of the haill guidis, bot ordanit that the saidis guidis or the availl thairof sall be furthcumand to the commoun proffit of the toun efter the forme of thair infeftmentis and priuilegis forsaidis at my said lord principall provestis will, and thairfoir Patrik Barroun, bailye, is becumin souertie, and the said Walter is oblist to keip him skaythles, and als the said Walter hes oblist him that he sall nocht hourt the tounis priuilege in siclyke caissis in tyme to cum.
In presens of the baillies president counsale and communitie, thir personis, conburgessis vnderwritten, hes grantit and consentit till len and diliuer thir sowmes followand, intitillit vpoun thame for the expenssis to be maid vpoun the doun getting of the custome of France, xij deniers of the frank in all guidlie haist, and the personis foirsaid for this burgh of Edinburgh, Ihone Foulertoun commissar for the burgh of Air, Duncane Patersoun and Robert Arnot commissaris for Streveling, hes oblist thame and thair commissioneris till pay the said soumes agane to the saidis personis, ilk ane thair awin seuerale pairt, at Fastronisevin nixttocum, and thairvpoun to be bundin vnder thair commoun selis in dew forme for the said repayment to be maid as said is; and als thai to be considerit for thair beneuolence into the taxt and extent to be gatherit for the said repayment.
Secundo die Octobris anno Domini jmvcxiiii° hora xi ante merediem. In mei notarii publici et testium subscriptorum presencia personaliter constituti discreti et honesti viri Henricus Bardum burgensis de Grippiswald infra regnum Dacie, ex vna, et Alexander Meldrum burgensis burgi de Edinburgh partibus ab altera, in presencia honorabilis viri Patricii Baron vnus balliuorum dicti burgi de Edinburgh. Quiquidem Alexander ad hoc interrogatus per dictum Henricum affirmauit se fidemedia emisse a prefato Henrico centum et sexaginta bollas saliginis et quamlibet bolla pro precio et summa nouem solidorum vsualis monete regni Scocie. Super quibus etc. predictus Henricus Bardum petiit instrumentum. Acta erant hec in botha Henrici Strathauchin notarii publici. Testibus Thoma Bard, Roberto Glen, Petro Roberton, et Thoma Arnot.
[On the second day of October, in the year of our Lord one thousand five hundred and fourteen, in the eleventh hour before noon,— In the presence of me, notary public, and the witnesses subscribing, appeared personally discreet and honest men, Henry Bardum, burgess of Grippiswald, within the Kingdom of Denmark, on the one part, and Alexander Meldrum, burgess of the burgh of Edinburgh, on the other part, in presence of an honourable man, Patrick Baroun, one of the bailies of the said burgh of Edinburgh. Which Alexander being interrogated thereanent by the said Henry, asserted solemnly that he had bought in good faith from the said Henry a hundred and sixty bolls of salt, and each boll for the price and sum of nine shillings of the usual money of Scotland. Upon which etc. the foresaid Henry Bardum asked instruments. These things were done in the booth of Henry Strathauchin, notary public. Witnesses, Thomas Bard, Robert Glen, Peter Robertson, and Thomas Arnot.]
The quhilk day it is thocht expedient statute and ordainit be the provest baillies and counsale for eschewing of this contagious seiknes of pestilence be Goddis grace that the towne sall be diuidit in four quarteris to be assignit to four baillis with thair quarter maisteris as after followes:
Item, frae the Castelhill to Alexander Cant's close to be ane quarter, quhilk is assignit to James of Jhonestoun baillie, with his seriand Jhone Broun, and his quarter maisteris, viz. Andro Moncur, Alexander Der, Jhone Fischear, William Rind, Jhone Adamesoun eldare, and Alexander Mure.
Item, fra Alexander Cant's close to Leyth Wynd that to be the secund quarter, quhilk is assignit to Jhone Ireland baillie, with his seriand William Patersoun, and his quarter masteris, viz. Edward Littill, William Lokart, Harbart Wardlaw, Jhone of Kirkpatrick, Jhone of Levingtoun, and Henry Lowremere.
Item, frae the Lopelie stayne with the Cowgaitt till Lord Borthuiks close to be the thrid quarter, quhilk is assignit till Patrick Barroun baillie, with his seriand Thomas Arnott, and his quarter maisteris Thomas Fowlare, Jhonne of Lethen, Robert Glen, William Lawder, Jhone Diksoun, Thomas Baird, and Jhone Stewart.
Item, fra Borthuiks close to the Castelhill with under the wall to be the feird quarter, quhilk is assignit till William Clerk baillie, with his seriand Dauid Purves, and his quarter masteris Jhone of Mariorbankis, Allane Mosman, William Mele, Thomas Smyth, James Layng, Jhone Martyne, Patrik Flemyng, and James Stury.
It is thocht expedient be the president baillies and counsale, for eschewing the daynger of this contagious seiknes and vthers inconvenientis that may fall, that the towne be fermly closit about swa at thair be na entres bot at the ports of the samyn, and thair is certane lands on the south syde of the said towne vnder the wall, that is to say, in the first, ane land betuix Jhone Wilschot and Jhone Williamsonis wyst, ane waist land betuix the laird of Ricardoun and Thom Beyse, ane land of Jhone Crawfurds, ane land of James Falcownis, a waist land of Robert Napers, ane land of Sande Wilkysouns, ane waist land of Sandy Chalmers, ane waist land of Stevin Taillieferis, ane vther land of Stevin Taillieferis, ane waist of William Rynds, ane waist of Jhone Liddellis, ane vther land of the samyn, a waist land of William Toddis: The quhilk lands ar opin and vnclosit throw the quhilks thair is oppin passage in greitt daynger to the towne and nychtbouris thairof; that thairfore the saidis president baillies and counsale wairnis and charges all and sindry the possessors and awneris of the said oppin landis, that is to say, the relict of vmquhill Jhone Williamsoun, Jhone Wilschot, etc. (vt supra) thet thai and ilk ane of thame big vp thair heid dykis of thair said waist lands weill and competently of heicht and thiknes as efferis within viij dayes heirafter, with certificatioun gif thai will nocht big thair said heid dykes of the said waist lands sufficientlie as said is within the said time, the said president baillies and counsale will mak the saidis lands sufficiently closit apoun the expenssis of the awnares thairof, and appryse all the stufe apoun the grund for the payment of the samyn.
It is statute and ordanit be the president baillies and counsale that all persouns haveand ony pik or tar barrellis or ony pypis lyand apoun the hiegaitt, that thai be devoydit and tane away on Setterday at evin nixttocum vnder the payne of viij s. vnforgevin, and gif thai failyie thairin all the guidis to be escheitt that beis fundin vpoun the gaitt thairafter.
The quhilk day in presens of the president baillies and counsale the kirk maister of the flescheouris and the laif of the maisteris of the said craft hes consentit to the act maid of befoir anent the dichting of the gaitt, That is to say of illk stok on the hie gaitt iiii d. in the quarter saw, that the dichteris of the gaitt cum at the quarteris and ask thair four pennies. (fn. 1)
The president and counsale decernis and ordanis Thomas Patersoun for the disobeying of Jhone Ireland baillie to cum to the merkatt croce on Mononday nixt to cum in his lynnin clais and thair to ask God mercy for the breking of his ayth, and als to ask the president and the said Jhone Ireland baillie forgifenes in the name of the haill towne for his said falt committat; and this to be done betuix ix houris and x vnder the payne of banesing of the toun.
The president baillies and counsale deceruis the thesanurer to pas in the townis behalf and big vp the said heid dykes (fn. 2) of thair waist is aboue written. because thai wer wairnit of beford be oppin proclamatioun at the mercat, croce to mak thame sufficiently conformand to nychtbourheid within a time past, and na thing done thairto, thairfore the said thesaurer gar big vp the samyn sufficiently after the forme of the said act, and the stufe of the grund be apprysit for payment of the samyn als far as it extends, and to fall to the said wark apoun Mononday nixttocum as he will ansuer to the King and the towne.
Forswamekill as Thomas Patersoun was decernit be the president baillies and counsale till haif cumin to the merket croce of this burgh at certane hour bypast in his lynning clais till haif askit the toune forgifenes for his compemptioun and disobeysance done to Jhone Ireland baillie vnder the payne of banesing the towne and fredome thairof, failit thairintill, that thairfore the said president baillies and counsale bannesyes the said Thomas this burgh and boundis of the asaymn induring the will of the provest president baillies and counsale, and nocht to cum thairin vnder the payne of strekking throw the hand and banesing of the towne and bounds thairof for euir, and to devoyd betuix this and the motn vnder the said payne. Thir wer the persouns that ordanit the samyn, the president, William Clark, Jhone Ireland, Patrik Baroun, baillies, Walter Chepman, Johne Adamesoun, William Adamsoun, Frances Touris, Mr Alexander Borthuik, Thomas Fowlare, Patrik Flemyng, William Lokart, William Currour, Jhone Levingstoun, Jhone Marche, Jhone Bruse, Bartilmo Wardlaw, and Hercules Stobo.
Alexander Levingston indyctit and accusit for the art and pairt of the crewall slauchter of vmquhill Walter Jak vpoun the Borrowmuir of this burgh of Edinburgh in this last month of September bypast, the quhilk accusatioun wes put to the knawlege of ane assys aboue writtin, thai beand removit furth of court and agane in enterit thai fand and deliuerit the said Alexander quitt and innocent of the said slauchter, becaus thai cleirlie knew it wes in his pure defence. Jhone Levingtoun petiit instrumentis. Testibus Patricio Barroun et Johanne Irland balliuis, magistro Jacobo Wischert de Pitgarro clericus Justiciarie S.D.N.Regis, Waltero Chepman decano gilde, Johanne Adamesoun juniare, Jacobo Barroun, Patricio Flemyng, et multis aliss.
The quhilk day, in persens of the president baillies and counsall comperit the kirk maister and the laiff of the maisters of the flescheoures fremen and burgessis within this burgh, and thair of thair awin beneuolent will, at the avyse of the said president baillies and counsale, thai haif consentit and grantit that th vnfremen flescheoures sell thair stufe of flesche beif and mwttoun and vtheris siclyk stufe pretenand to thair faculty vpoun the Sonday and Mononday as commoun frie merkat dayis to thame, and in lykwyis all vtheris fre merkitt tymes sic as proclaimit fairis, to haif na vse of selling of sic stufe flesche nor siclyke bot on the said merket dayes and vther priuilegeit tymes, vnder the paynis contenit in the facultie of the towne grantit to the maisters of the said craft of before.
It was ansuerit to my Lord Secretare vpoun the bak of his bill send to the provest baillies and counsall anent the discharge of small customes of his guidis vt sequitur: The president gaillies and counsall vnderstanding that my Lord Secretar has bene alwayis thankfull to the toun and thair materis in all thing belangand his office, and desyris to schaw thair thankis to him agane in ony thingis he hes ado belangand thame, and ar content that thair small custome and dewiteis of his guddis schippit and to be schippit at this tyme be remittit and remittis the samyn, and siclyke in tyme cumming quhill thai be forther avysit.
We do yow to witt straitly chairges and commandis in our Souerane Lord the Kingis name the provest baillies and counsall within this burgh that ony maner of persoun man or woman tak vpoun hand fra this hour furth to cum in and pas furth bot at the commoun ports thairof vnder the payne of royall punitioun of thair persoun and banesing of this towne.
My lord principall prouest president baillies and counsall ordanis the officeris to warn and charge all men of Leyth, that tappis or sellis wyne or vther merchand stuf within the said toun of Leyth, in hourting of the privilege of this toun of Edinburgh, to compeir befoir thame on Friday nixttocum to ansuer to the saidis lordis provest baillies and counsall quhat thai haue to say to thame in the saidis materis.
The principall provest baillies and counsall hes decernit the xxx elnis of feyting sauld be Guilliame de la Mayne to be the townis escheit becaus he enterit nocht the sam in the townis buikis, and als thre ellis veluot sauld to Walter Ker vnfreman and nocht to the fremen of this toun, and in lykwayis decernit the last of hydis sauld be the said Walter Ker to the said Frenchman to be the townis escheit becaus thai war sauld outwith this toun be ane vnfreman till ane vther vnfreman.
The samyn say, forsamekle as Walter Ker garantit of before the xxx day of July last bypast that he had boucht certane victuallis extending to vijxxbollis malt and vther guidis fra Frenchmen within thair boundis and port of Leyth, vsurpand the fredome and privilege of this burgh contrare hes promit maid in the said act of befoir, submittit him to my lord provestis will for the samyn, and now the said lord hes declarit his will thairintill, with the avys of the president baillies and counsall, that the said Walter sall content and pay to the kirk werk bot x li. at this tyme, with the intimatioun that gif he faltis ony maner of way aganes the priuilege of the said burgh in tyme tocum that the haill thing salbe tane of him but fauouris, and souertie to be found thairvpoun as efferit; and heirfore Dauid Ferry is becumyn souertie; and Patrik Barroun promittis still releif the said Dauid and keip him skaythles of the said souertie as effeiris.