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 president baillies and counsall ordanis the baillies that considering the president hes tane vpoun him to get in the greit extent of certane personis that wes hieast extentit sic as wemen of guid and vtheris, and has done the samyn, that thairfore the said baillies gadder in the laif of the extent that is awand yit thair extent within xij dayis, and do all exact diligence thairfore according to thair office, with intimatioun that gif thai do nocht the toun will decerne thame to pay the samyn of thair awin purs.
The president baillies and counsall with ane pairt of communitie of the toun hes decernit and ordanit xx li. to be tane to be imployit to the townis commoun workis of the escheit of Guilliame de la Mayne, Frenchman, extending in the heill to xlviij li., and alswa the president baillies and counsall supersedis the laif of the said escheit vpoun the said xx li. vpoun the said Guilliamis guid bering.
The quhilk day, the president baillies and counsall fyndis and deliueris that James Maccalzeane hes failyeit aganis the commoun proffeit of this toun in bying of Lord Borthuikis woll efter it wes deuysit and concludit be the wisdomes of the toun that the samyn sould be bocht for the commoun proffitt thairof, to the eschewing of inconvenientis in tyme tocum, and that iugement follow thairvpoun siclyke as it wes be the bying thair of be Guilliame de la Mayne, and thairfore ordanis the said woll to be sauld for the maist availl, and the proffit and excrescence thairof that cummis aboue the soumes that the said lord sould haue thairfore to be applyit to the commoun weks and wallin of the toun.
The president baillies counsall and communitie fyndis and decernis forsamekill as it wes decretitt abefoir that James Maccalzeane failyeit aganis the commoun proffit of the toun and command thairof in bying of my Lord Borthuikis woll, and that thairfore the said woll was ordanit to have bene sauld to the maist availl as at amir lenth is contenit in the said decreit, and attour it wes ordanit that the said James of his awin grant saould haue deliuerit the key to the officeris of the toun of the loft quahir the said woll was laid into within the toun of Edinburgh that the excrescence thairof aboue the princiapll soume mycht dum to the commoun proffit of this toun, and now becaus it is vnderstand be the towne that the said James hes dispoint vpoun the said woll contrare to the decreit and command of the toun, that thairfore the said president baillies and counsall and communitie decrenis and ordainis the said James to pay to the commoun werkis of the toun for the commoun weill thairof the soume of ane hundreth and twentye markis for the excrescent of the said woll, becaus thair was samekill profferit in judgement for the said excrescence be dyuers nychtbouris in judgement.
The president baillies and counsall fyndis decernis and deliueris that Hanckyne Thomesoun hes tynt and borkyn his fredome, and ordanis the samyn to be tane fra him and his burgesry becaus he hes hourtit his aith aganis the fredome of this toun in intrometting with strangearis and conversand with thame baith in bying and selling small and greit contrare the statutis of the toun; and attour thai straitlie commandis and chairgris the said Hannikyne that he haif na mair intrometting with the said strangearis and vnfremen nowthre in bying nor sellin in tyme tocum vnder the pane of banesing of the toun bot gif it be for fremen of the toun.
The president baillies and counsall commandis and chairgis that Jhone Depetit, Hannestane Warper and his marrow sell na maner of guidis nor yit till hald thair loft and buith oppin on the day lycht quhill Fryday at next cummis, vnder the pane of escheit of thair guidis; and ordanis thame to compeir befoir thame the said day till vnderly the law and ane assys for thair hourting of the prevelege of this toun; and als that Hannekyne and his marrow till vnderly the law for the violence done to nychtbouris that bocht thair prenneis, and thair in presens foirsaid the said Flemyng is alledgit and sayit that the bill gevin vpoun thame was nocht of veritie.
Thomas Fouler in presens of the president baillies and counsall protestit that considdering the Flemynis and strangearis occupyit the fredome of the toun aganis the commoun weill of the samyn that the statutis maid thair-vpoun mycht be put to executioun as efferis.
(Art and pairt of steilling and conceilling of kye, birning of a hous, commoun theft, commoun owtputting and inbringing in reasonable maner betuix Scotland and Ingland (hec conuicta) ar pvnist be deid.— Tr.)
(Stouthreif, invasioun be way of murthure, airt and pairt for breking houssis and brekin of the kings persoun, commoun theft, ar pvnist to deid. Thir courts haldin as justice courts be the towne.—Tr.)
James Wardlaw, smyth, convict be ane assyse for the cruell hurting of Robert Roger in the heid and drawin of his bluid within my Lord Gouernouris chalmer and palace of pece, for the quhilk caus he was adiugeit to be had to the trone and thair strikkin throw the hand and banist this towne for all the dayis of his lyfe, and nocht to cum thairintill vnder the payne of deid.
It is statute and ordanit be the president baillies and counsale, for the vniuersale weill of this guid towne and of the nychtbouris resortand and repairand thairto, that thir persouns vnderwritten, viz., Margaret Bischop, Willesouns wyfe, the cordiner Bairnisfather's wyfe, Jhone Merschell, Johne Wyli's wyfe, Frissale's dochter, Henry Young's wyfe, Thomesoun's wyfe, Cristiane Calderwod, Alisone Young nor nane vtheris nychtboures within this burgh tak vpoun hand to bye ony maner of meill to sell or regraitt agane quhill the hour of thre efternone be strikken, vnder the pane of escheting of the stufe that thai bye before the said iij houris, and failyeing of the said meill gif it beis priuatly had away that sic pvnition mycht be imputt to thair personis to the rigour as sall be sene expedient be the president and baillies.
Item, that na straynger or owtdwellare brigand meill to the mercat to sell mak ony mercate thairof quhill the hour of xj before none be strikkin, vnder the payne of escheting of the samyn, and to be delt to the pure folkis, but favouris.
It is devysit statute and ordanit be the saidis president baillies and counsale that thair be bot thre ports oppin daylie, viz. the West port, the Netherbow and the Kirk of Field and na ma. And ilk port to haif twa porteris daylie quhill my Lord Gouernouris hame coming. (fn. 1) And at thir porteris suffer na maner of persoun on hors nor fute to enter within this towne without the president or ane of the bailies knaw of thair cuming and gif thame licence. And the saidis personis be convoyit to thair lugeings be ane of the saidis porteris, swa that gif ony inconvenient happinis that thair hoste mycht ansuer for thame as efferis.
It is statute and ordanit that ane quarter of the towne watche ilk nicht, ilk man for thair awin heid, with a baillie, quhill my Lord Gouernouris hamecuming, and that all the nychtbouris of the towne be reddy boddin for weir in thair best array at a jow of the commoun bell for the defence of the towne, to pas with the president and baillies quhair the case occurris.
Quo die Dominus Patricius Hammyltoun de Kincavill miles electus est prepositus pro anno futuro, Jacobus Barroun thesaurius for this yeir, [On which day Sir Patrick Hammylton of Kincavill, Kuight, is elected Provost for the ensuing year, James Barroun, Treasure for this year], with this condition that gif it sall happin the toun to hald the commoun mylnis and proffeittis thairof and the wild aventouris into thair awin handis vnset this yeir intocum the said thesaurare sall haue his auld fie viz. x merkis, and his seruand that sall be vnder him x merkis, and gif the toun haldis bot the mylnis or wyld aventouris ane of thame into thair awin handis, for his servand bot v merkis.
The provest and baillies of our burgh of Edinburgh: Forsamekill as we ar aduerteist that thair is diuers of our letteres cum to yow in breaking of your statvtes and guid reull of our toun and commoun weill thairof, it is our will that yowr statutes be keipit vniversalie till all yowr nychtbouris without ony exceptioun, nochtwithstanding ony of our letteres direct to cum in the contrare. Subscriuet with our hand at Edinburgh the fourtene day of November 1515. (Sequitur subscriptio dominorum consilii apud Edinburgh 15 Novembris 1515 yeiris.)
The Lordis ordanis the provest and baillies and counsall of Edinburgh to put thair actis and statutis maid be thame for the commoun weill to dew execution efter the forme of the samyn, and na particular persoun be exceptit thairfra, nochtwithstanding letteres gevin or to be gevin in the contrair.
(Regratouris of pultrie, bayth wyld fowle and tame, in bying and selling thairof and nocht sufferand to cum to the kings merkatt and thair to be sawld be the bringares thairof to this towne, and throw thair regraiting cawsing exorbitand derth thairof to all our Souerane Lordis lieges, contrair and in brekking the guide rewle Regratouris. and statutes of this towne, being convict ar adiugeit in amerciament of court sic as, etc.—Tr.)
(Ane minor and of less aige airt and pairt with ane commoun theif adiugeit to be scurgeit to the gallows, and thair his lug takkit to the bcame, and banist this towne and four myle about for all the dayes of his lyfe, and neuir to cum thairin vnder the payne of deid.—Tr.)