Extracts From the Records of the Burgh of Edinburgh, 1403-1528. Originally published by Scottish Burgh Records Society, Edinburgh, 1869.
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Quinto die mensis Januarii anno Domini jmvcxvj°, indictione quinta, pontificatus Leonis Pape decimi anno quarto. In mei notarii publici et testium subscriptorum presencia, etc. [On the fifth day of the month of January, in the year of our Lord one thousand five hundred and sixteen, in the fifth indiction, and in the fourteenth year of the Pontificate of Pope Leo the Tenth. In presence of me, notary-public, and the witnesses subscribing, etc.] The quhilk day Schir Johne Craufurd, fundour patrone and chaplane of Sanct Johnis Kirk of the Burrowmure of Edinburgh, translatis and adnullis the fundatioun and mortificatioun maid of befor, that is to say, that the said Schir Johne Craufurd gaif the said kirk, Kirkyard, with housis biggit and to be biggit, yard, and all his land and akris lyand thairto, contenit in his said first fundation and mortification, to (fn. 1) Josina Henrison and to the laif of the sisteris of thar ordour of Saint Katerine de Senis, thai garrand sing thare hie mes and antiphone of our Lady dalie, and vthir suffrage for hys and thare saulis, contenit in his first, fundation and mortification maid tharupon, lyke as salbe contenit in this his new fundation; Reseruand all way to him for all the dayis of his lyf the franktenement of the said land and akeris, and als all the offerandis of the kirk, becaus he may nocht sustene himself without reseruation as said is for greit eild that he is drawin to; And als with this claus, that gif the ordour of the holy ladiis that is begwn at the said kirk failyeis and proceidis nocht efter the forme of this new fundation and erection etc. that the said kirk,kirkyard,and houssis biggit and for to big, yard, land, akeris and offerandis returne agane to the said Schir Johnis fundation erection and mortification, and it to haif the samyn strenth force and effect that it had befor his secund fundation and erection. And this the said Schir Johne did efter the forme of his fundation to be maid to the said sisteris therapon. Et petierunt dicte Mariota et Jacinta instrumentum. Testibus, domino Georgeo Newton archideacono Dunblanensi, fratre Johanne Spens, prouinciale ordinis fratrum predicatorum, magistro Johanne Rynd, dominis Johanne Cant, Johanne Lithgw, capellanis Jacobo Goldsmyth, Andrea Johneston, Francisco Blakstok, Johanne Andirson. [And the said Mariota and Jacinta asked instruments. Witnesses, Sir George Newton, archdeascon of Dunblane; Friar John Spens, Provincial of the order of Preaching Friars; Mr John Rynd; Sirs John Cant, John Lithgw; chaplain James Goldsmyth, Andrew Johneston, Francis Blakstok, John Anderson.]
The quhilk day, the provest Dauid Mailvill allegit and said that the mater of the flesche stock rowme that was debetable amangis the flescheouris pertenis to the toun, and quha that wald gif maist for it to the walling of the toun thai sould haue it.
The quhilk day, the provest baillies and counsall statutis that na maner of baxter within this burgh by any quheit in the mercat, bot that the samyn be mett with the commoun fyrlottis, swa that the fermoraris of the petie customes may gett thair dewiteis thairof, and that nane do in the contrare heirof vnder pane of escheit of thair quheit; and als decernis and ordanis that quhat cost or expenssis that the saidis fermoraris of the petie customes makis vpoun fyrlottis, pekkis, and on the vnce trone, and all thing pertenand thairto, salbe allowit to thame swa that all that thai perfurnis be furth cummand to the townis vse.
It is statute be the provest baillies and counsale of this towne, for the commoun weill and proffeit thairof and nychtbouris of the samyn, that ony burne ledare within this burch or vtowth tak or draw ony watter at draw wellis or vtheris within this burch in tyme to cum, vnder the payne of viij s. to be tane of him quhatsumeuer he be that beis apprehendit or provit brekand this statute for the first falt, to be applyit to the walling of the towne, and for the secund falt vther viij s., and swa furth for ilk time viij s. als oft as thai can be apprehendit doand in the contrair of this statute, to be tane to the walling of the towne as said is but favouris.
Vltimo die mensis Junii, anno Domini JM vc xvii°, indictione quinta, pontificatus domini nostri Leonis diuina prouidencia Pape decimi anno quinto. In mei notarii publici et testium subscriptorum presencia personaliter constitutus prouidus et circumspectus vir dominus Thomas Halkerston prepositus ecclesie collegiate de Creichtone ex vna, et Cristina Ferry relicta quondam Johannis Portuos pannulatoris burgensis burgi de Edinburgh ex altera, inter quasquidem partes finaliter appunctuatum fuit et concordatum prout sequitur in vulgare, viz. [On the last day of the month of July, in the year of our Lord one thousand five hundred and seventeen, in the fifth indiction and fifteenth year of the pontificate of our Lord Leo the Tenth, by Divine providence Pope, In presence of me, notary-public, and the witnesses subscribing, personally appeared a prudent and circumspect man, Sir Thomas Halkerston, provost of the College Church of Crichton, on the one part, and Christina Ferry, relict of the late John Portuos, furrier, burgess of Edinburgh, on the other, between whom it had been finally concluded and agreed as follows, in the common language, videlict—] It is appoinctit and concordit betuix ane venerable and discreit man Schir Thomas Halkerstone, provest of Creichtone, on that ane part, and Cristiane Ferry the relict of vmquhill John Portuos, furrour, on that vther part, that quhare scho has sauld to the said Schir Thomas, in hir behalf and in the name and behalf of Lancelot Portuos hir sone, and aire of the said vmquhill Johne, ii c. rauchteris, ilk hundreth for vi crovnis Scottis money, i c. dalis for xxiiii crovnis, extending to ii s. the pece, the fraucht and vncoftis to be allowit the said money in sa far as he or his factouris ressauis; and inlikwis the [said] Schir Thomas oblissis him to pay as is aboue writtin. Acta in camera dicti Thome, hora quasi sexta, presentibus ibidem magistro Johanne Lokkart, Georgio Seton, et Georgio Hill. Dictus dominus Thomas petiit instrumentum. [Done in the chamber of the said Thomas, in the sixth hour, and in presence of Master John Lokhart, George Seton, and George Hill. The said Sir Thomas asked an instrument.]
Quarto die mensis Julii anno Domini Jm vc xvii°, indictione quinta, pontificatus domini nostri Leonis diuina prouidencia Pape decimi anno quinto. In mei notarii publici et testium subscriptorum presencia personaliter constituti prouidi viri Robertus Glen, filius et heres Johannis Glen burgensis burgi de Edinburgh ex vna, Willelmus Tod et Willelmus Nesbet huiusmodi burgenses ex altera, inter quasquidem partes finaliter appunctuatum fuit et concordatum prout sequitur in vulgari. [On the fourth day of the month of July, in the year of our Lord one thousand five hundred and seventeen, in the fifth indiction and fifteenth year of the pontificate of our Lord Leo the Tenth, by Divine providence Pope. In presence of me, notary-public, and the witnesses subscribing, personally appeared a prudent man, Robert Glen, son and heir of John Glen, burgess of the Burgh of Edinburgh, on the one part, William Tod and William Nesbit, burgesses of this Burgh, on the other, between whom it had been finally concluded and agreed as follows in the common tongue.] It isappoinctit aggreit and finalie concordit betuix worthi men Robert Glen, sone and aire to Johne of Glen, burges of Edinburgh, vesiater and serchare of the skynnis and bindis thairof within the said burgh on that ane part, Williame Tod and William Nesbet, burgesses of the said burgh on that vther part, in maner forme and effect as efter followis, that is for to say:—The said Robert has set the office and serching of the said skynnis, with all the profittis and dewiteis therof quhatsumeuer, and vesying of the samyn, to the saidis Williame and Williame for all the dayis and termes of twa yeris nixt and immediatlie followand the dait heirof. For the quhilkis the saidis Williame and Williame sall content and pay to the said Robert the soume of fourty merkis vsuale money of Scotland at thir termes eftir followand, viz. x merkis of the said vsuale money at the day of the dait heirof, and vther x merkis of the said vsuale money at the feist of Sanct Mertyne nixt and immediatlie heirefter followand, and at the feist of Witsounday immediatlie therefter followand vther x merkis, and at the nixt Mertimes therefter followand vther x merkis, in complete and hale pament of the said some of fourti merkis for the said twa yeris. And gif it happinit the said William and William to be vexit troublit or inquiet in the takin wp of the proffitt and dewites of the seing of the sadis skynnis that may fall therthrow, the said Robert Glen bindis and oblisses him his aris executouris and assignes to warrand acqueit and defend thame tharintill. And gif thai sustene any dampinage or scaith thairthrow the said Robert bindis and oblissis him to refound and pay the samyn to the saidis William and William in the sickerest forme and stile of obligacioune faithfullie that can be diuisit but fraud or gile. And attour the said William and William has promittit that the said Robertis faderis skynnis salbe fre of all maner of drink siluer enduring the space of the said twa yeris. Super quibus dicti partes petierunt instrumentum seu instrumenta. Acta erant hec super publicum stratum regiam huiusmodi burgi hora quasi xii. Testibus, domino Willelmo Brovne rectore de Mouswald, Willelmo Moubra et Thoma Ramsay. [Upon which the said parties asked an instrument or instruments. These things were done on the King's public street of the Burgh, in the twelfth hour. Witnesses—Sir William Brown, rector of Mouswald, William Moubray, and Thomas Ramsay.]
The Lard of Lestalrig protestit that quhat the Lordis did in the mater betuix the town of Edinburgh and Robert Bertoun comptrollar, tuiching arestment maid on the schoir of Leith, suld turn him to na preiudice tuiching his heretage as baroun of Lestalrig.
Master James Wischard, aduocat to oure Souerane Lord protestit that quhat war done betuix the toun of Edinburgh and Robert Bertoune suld turn the Kingis priuilege to na hurt anent the auld vse and possessione.
Anent the supplicatioun gevin in be the provest ballies counsall and communite of Edinburgh, that qubar we and our predecessouris ar infeft of auld in fre burrowage, and with all priuelege that pertenis to the burgh, togidder with the priuelegis and fredomes of the port of Leith and Newhavyn, quharthrow thai ressaue all entre of schippis, and the thesaurar in the tovnis name makis merkat for the commoun wele of the realme with all strangearis and vnfremen bringand ony merchandice to the said port, and as the said thesaurar makis merkat euery induellar of the realm has his pairt of the said merchandice, and specialie of tymmir for thair necesar byggingis, sa that thair is na regrating tholit to be maid within the said toune, neuirtheles quhen thair said thesaurar and ane of the baillies of the said toune had enterit ane schip of Herik Cordson, Ducheman, and maid compte with him of all his tymmyr, and past at the command of the provest ballies counsale and communite of the said toune to ressaue the said tymmyr, and ressauit ane pairt of sparris and rachteris, and laid apoun the schoir of Leith, Robert Bertoune comptrollar, and with him ane multitud of his nychtburis and men of Leith, come and masterfullie tuk the said tymmyr fra thair said thesaurar and balye, and spulyeit certane sparris fra thame, like as at mair lenth is contenit in the said supplicatioun: The provest ballies counsale and communite comperand be master Adam Otterburn thair procuratour, and the said Robert Bertoune beand persounally present, the Lordis of Counsale decretis decernis and ordainis that quhen ony schippis with tymmer ammis in to the portis of Leith and New havyne that oure Souerane Lord thesaurar or comptrollar mak merchandice with the persounis awnaris and merchandis of the saidis schippis, and by als mekle tymmir of the samin as is necessar to our said Souerane Lordis awin proper vse and na mair, and that the provest ballies counsale and fremen of the toune of Edinburgh sall mak price and by all sic schippis cummand in to the saidis portis with tymmyr, the King beand seruit as said is, and quhen thai haue coft the saidis schippis with kymmir to sell the samin to all maner of persouns for thair necessaris and biggingis of the samin price that thai by it of, thai cummand to ressaue the said tymmir and mak payment thairof or payment be maid to the merchandis of the saidis schippis; and ordanis that it sall nocht be lefull to na maner of persouns vnfremen to mak ony merchandice of tymyr or vther stuff with strangearis nor vther schippis cummand to the saidis portis on tyme tocum, and quhai that has done in the contrar or sall do in tyme tocum that thai call thame befor the lordis thairfore and justice salbe institut.
To all and sindrie quhom it efferis to quhais knawlege thir present lettres sall cum, the prouest baillies and counsall of the burgh of Edinburgh greting in God eruilesting, witt your vniuersiteis that the day of the daitt of thir presents comperit befoir ws sittand in the Tolbuith in judgement the haill craftismen of the candilmakers of the said burgh, that is to say Robert Fassintin, Androw Galloway, Ambrose Gray, William Wilsoun, Malise Malloch, and Jhonn Selyman, the quihilk persouns and craftismen presentet as thair supplicatioun and bill of thair desyres for the conforming and keping of thair statutues and rewles maid for the commoun weill of this burgh and Kings lieges reperand thairto, accordand and confirmand to the awld statues and privileges that thai had of the prouest baillies and counsall of the said burgh of before, the quhilk supplicatioun and bill red before ws at lenth, and we thairwith beand rypelie avyset thocht the samyn consonant to ressoun and greitt appeirand proffeitt to the said craftisman, to this guid toun and Kings lieges reparand thairto, and thairfor it is our will. and als we decerne and ordanis, that the said craftismen and thair successouris bruik joyse and vse all thair awld fredome, statutes, rewles, articles and conditiouns maid for the guid rewle of the said occupatioun and craft as after followis: In the first, that yeirlie the haill craft of the said candilmakeris within this burgh sall cheyse ane deykin amangs thame that is fremen and burges of the toun, quhilk deykin sall be oblist and sworne to rewle and conforme the said craft in all guid rewle and ordinance for the honour and worschip of the realme and toun, lyke as vther craftismen dois within the samyn. Item, that na maner of man nor woman occupy the said craft as to be ane maister and to set vp buith, bot gif he be ane freman or ellis ane fremanis wyfe of the said craft allanerlie, and quhen thai sett vp buith they sall pay to Sanct Geills wark half a merk of syluer, and to the reparatioun, beylding and vphalding of the licht of ony misterfull alter within the College Kirk of Sanct Geill, quhar the said deykin and craftismen thinks maist neidfull, half ane merk, ay and quhill the said craftismen be furnist of ane alter of thair awin. And in lykwayis ilk maister and occupear of the said craft sall, in the honour of Almichtie God, and of his blissit mother Sanct Marie, and of our patrone Sanct Gele, and of all sanctis of heaven, sall give yeirlie to the helping and furthering of ony guid reparation ather of licht or of ony other neidfull grayth till ony alter situat within the said College Kirk maist neidfull, x s., and to [be] gadderit be the deykin of the said craft ay and quhill thai be proydet of ane alter to thame selffes, and he that disobeyis heirin the deykinis and the laif of the craft sall poynd thame with ane officer of the toun, and him pay ane pund of walx to our Lady altare quhill thai get ane alter of thair awin, and that nane of the said craftismen send any lads, boyes, or seruands oppinlie vpoun the hie gaitt with ony candill to rowpe or to sell in playne streitts, vnder the payne of escheitting of the candill and paying ane pund of walx to our Lady alter the first falt, the secund tyme escheitting of the candill and paying of twa pund of walx, the thrid time escheitting of the candill and his persoun to be brocht with the deykin and craftismen of the said craft to the provest and baillies of the toun, and thair to be pvnist, with avyse of the said deykin for the tyme and the laif of the said craft, for the brekking of thair said statutes and rewles; bot it sall be lefull to ilk maister of the said craft to haif ane seruand that sall gang honestlie throw the toun with his creill and stufe to furneis his callands with, bot nochte to rowpe thame oppinly to sell, and that he beir on his creill his maisters mark to ken him and his stufe, and quha that beis sene gangand vtherwayes the candill to be escheitt and pvnist as said is. Item, that na man of the said craft tak ony prenteis for les termes than foure yeir, and that na man of the said craft nor na vthers tak nor fie ane other mannis prenteis nor seruand without licence and leif of his maister asket and obtenit quhill the compleitt end and ische of thair termes; and quha sa dois the contrar heirof the deykin and the laif of the said craft to pvneis that as effeiris, and attour that all the maisteris of the said craft mak guid and sufficient stufe and honestlie handlit and sufficient worth the money, and that all wemen be expellet the said craft bot fremenns wyffes of the said craft allanerlie, thay doand and obeyand to the deykin and craftismen lykeas is contenit in the foresaidis statutes, bot gif it be allanerlie for thair awin vse and byrning in thair howssis, and quha that will nocht be maid freman he sall nocht sett vp nor hald buith bot to be ane seruand vnder a master quhill he grow and be reddy thairto, and that nane of the saidis craftismen seruands boyes nor prenteis thair termes beand rwn mak seruice to ony vther men except the craftismen of the said craft, vnto the tyme that thay be reddy to wirk thair awin wark and to be fremen of the toun. The quhilk articles statutes and rewles we the said provest baillies and counsal of the said burgh for ws and our successouris apprevis ratifeyis and confermis the samyn in swa far as effeiris till ws or hes power; and this till all and sindrie quhom it effeiris or may effeir in tyme to cum we mak it knawn be thir presents lettres; and for the mair vereficatioun and strenth of the samyn we haif to thir present lettres hungin the commoun seill of cause of the said burgh of Edinburgh, the fyft day of the moneth of September the yeir of God jm vc and seventeen yeiris. (Subscribitur) Strathauchin.
It is statut be the prouest bailies and counsale of this burgh, for the commoun weill thairof, that na maner of taverner within this burgh tap nor sell na darrer wyne fra this hour furth na for viij d. the pynt of claret, vnder the payne of dinging furth of the punscheoun heid of the committeris thairof to the rigour but favouris.
It is statute and ordanit be the president baillies counsall and community of this burgh of Edinburgh that considering thair is dyuers and mony sundry persouns maid burgessis and fremen within this burgh quhilk dwellis nocht within the saymn, nother yitt nother scotts lotts extents walkis nor wairds nor yitt beris na portabill chairgeis within this burgh siclyke as thai awcht to do, and as vthers nychtbouris and fremen of this burgh dois, in contrair the awld statutes maid thairvpoun; theirfore the said president baillies counsall and community declaris and makis intimatioun be oppin proclamatioun that all maner of persouns quhilks ar burges maid and fremen of this burgh that thai cum and remayne within the samyn and hald thair stob and staik thairintill, with certificatioun that and thai cum nocht within xl dayes and mak thair dwelling place within this said burgh, and fulfill the poynts forsaid, that thai sall bruik na maner of fredome within the samyn, conformeand to the said awld stautes maid thairvpoun. (In the convict buik.—Tr.)
It is statute and ordanit be the president baillies and counsale for the commoun weill of this towne, and for to ceis the greitt exorbitant derth that is rissin of the maile within this burgh be the regratoures, that na maner of regratouris man nor woman within this burgh, nather within houssis nor vtowth, tap nor sell ony meile fra this time furth quhill Pasche nixttocum, vnder the payne of escheitting of the mele that beis fundin selland be thame, to be escheitt and applyit to the commoun werks of the towne to the rigour but favouris.