Extracts From the Records of the Burgh of Edinburgh, 1403-1528. Originally published by Scottish Burgh Records Society, Edinburgh, 1869.
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Alexander Lichtman hes lattin his schip callit the Mairtene commonly till fraucht to the nychtbouris of the towne for thair guidis to be furit to Flanders for the fraucht of xix s. gr. and xviij s. gr. the sirpleth of woll and skin, becaus scho is frauchtit in and furth and the better chaip inwart becaus scho is fraucht swa deir furthwart, and this frauchting is maid after the form of the statutes of the towne and act of parliament, the port oppin and the nychtbouris first seruit.—(Lowse leiffes.—Tr.)
Peronell de Corto has lattin his schip callit the Frances commonly till fraucht to the nichtboures of the towne for thair guid to be furit to the port of Deip in France for the fraucht of xxvj s. and xvj s. the mort chairge frie of all vther chairges except pryme gilt, and this frauchting after the forme of the statutes of the towne and act of parliament, and William Awldioy is becumin souerty for the said skipper that he sall fulfill the statutes of the towne vnder the payne of xl li.
The quhilk day, Tome Mertene of Armuche hes lattin his schip commonly till fraucht till the nichtbouris of the towne for thair guidis to be furit in Flanders, for the fraucht of xj s. gr. and x s. gr. the serpleth woll and skyn and the clayth efferand thairto, and this frauchting is after the forme, etc., vt supra.—(Lowse leiffes.)
(Note.—Sum entressis payis xij s., sum xiij s. iiij d., sum xx s., sum x s., as on the leiffes lowse daittet 1517 may appeir, and be sundry vther lowse leiffis in this bunsche of the daitt fra 1500 to 1520.—Ibid.—Tr.)
The quhilk day, Dauid Mailvill yit as of befoir, George Henderson the sone and air of vmquhill James Henderson, Adam Hopper for him and his spous Margaret Baty, the relict of vmquhill Patrick Heriot, William Mele for him and his spous, the air of vmquhill Williame Scheirsmyth, and Edward Thomesoun the sone and air of vmquhill Walter Thomesoun, in presens of the president baillies counsale and communitie, hes frelie gevin ouir and dischairgit thame quite of thair biggins that thai had of the Borrowmure, and siclyke of thair arable aikerris and land lyand thairto but ony clame thairto in tyme tocum for thame or ony vthers in thair name.
The quhilk day, in presens of the president baillies counsall and communitie, Edward Litill, baillie, in the name and behalf of the haill communitie, protestit that quhatsumeuir persoun quhilk had the outsettis and akeris of the Borrowmure in few of the toun that had nocht fulfillit the biggingis and completit the samyn with barnys killis cowbillis and servandis, with all necessar thingis to mak malt with, efter the forme of the act maid thairvpoun, that the saidis landis and aikeris mycht returne agane to the toune, and the panys raisit contenit in the said act.
The quhilk day, in presens of the president baillies counsall and communitie, Walter Chepman declarit that he had completit and fulfillit his biggingis on the Borrowmure sufficientlie, with barne kill cowbill and seruitouris for making of malt efter the forme of the act maid thairvpoun, and that he had gottin ane declaratioun of the toun of befoir, and offerit him till preif the same; quhairfore he protestit quhateuer the inqueist aboue writtin did tuiching the said mater of the Borrowmure hourt nocht him nor his land nor akeris of the Borrowmuir and turne him till na preiudice, and for remeid of law quhane and quhair it efferit.
Jhone Levingtoun alledgit siclyke and protestit for remeid.
And siclyke Jhone Andersoun alledgit and protestit for remeid of law.
And Williame Forsyth alledgit siclyke and protestit for remeid of law.
Williame Rynd alledgit siclyke and protestit for remeid of law.
John Rowattis wyff alledgit siclyke and protestit for remeid.
And Sir Jhone Castelaw protestit siclyke for the airis of vmquhill Williame Hopper.
The samyn day, Maister James Foulis in the name and behalf of Williame Lauder of Haltoun protestit that quhateuer war done be the inqueist aboue writtin hourt him nocht nor his landis of the Borrowmuir, as air till vmquhill Sir Alexander Lawder his eme, and for remeid of law quhane and quhair it efferit.
The samyn day, in presens of the president baillies and counsall Mr Francis Bothuell alledgit the proces tuiching the recovering of the landis of the Borrowmure was nocht ordourlie procedit, nor yit the personis occupyaris thairof war nocht personalie summound as thai aucht to be, and for vther syndre causis the proces had na ordour; quhairfore he protestit quhateuir the inqueist did hourt nocht him nor his wyff nor thair landis of the Borrowmure.
The samyn day, in presens of the president baillies and counsall Patrik Lynlithgow seriand of the burgh of Edinburgh swore and maid fayth in jugement, and als previt be his witnes Jhone Broun and Dauid Purves sworne thairto, that he summound lawfullie at the mercat cros be oppin proclamatioun all and syndrie the personis quhilkis had ony entres to the akeris of the Borrowmure till compeir befoir the toun, till ansuer efter the forme of the precept direct thairvpoun, and thairefter past to all the saidis personis and wairnit thame personallie, ilk ane be thame self, till compeir this day till ansuer efter the forme of the said precept.
The samyn day, in the actioun and caus persewit be Maister Adam Otterburne as procuratour and in the name and behalf of the haill communitie of the burgh of Edinburgh againis the personis havand possessand or pretendant thame to haif entres to the aikerris of the commoun mure of the said burgh of Edinburgh, till heir and se thame and ilk ane of thame till haif incurrit the pane of xl li., for non-fulfilling of ane act maid in the commoun buikis of counsall of the said burgh the last day of April the yeir of God jmvc and x yeiris; be vertu of the quhilk act the personis quhome to the saidis akerris war sett, war oblist to big vpoun the saidis akeris duelling houssis, malt, barne, kill and cowbill, and als had convenient servandis for the making of malt, betuix the said day and Michaelmes cum ane yeir thairefter, and failyeing thairof to pay xl li. to the commoun werkis of the toun, and als to pay v li. for ilk aker of thre akeris of the said commoun muir set to thame for the caus foirsaid, and als to heir thame be decernit to haue tynt the rycht gif ony he had to the saidis akeris, becaus thai haue failyeit be the space of iij yeiris continewallie last bypast of the payment of the said annuall, lyke as at mair lenth is contenit in the act and precept of summoundis maid thairvpoun; the foirsaid Mr Adam comperand in the name of the communitie foirsaid, and all personis haivand entres to the foirsaid akeris beand summound be oppin proclamatioun at the mercat cros of the said burgh for this actioun, and ane pairt of thame, that is to say, Walter Chepman, Jhone Levintoun, William Forsyth, William Rynd, the relict of Jhone Rowat, Jhone Andersoun, and Sir Jhone Castellaw for the airis of Williame Hopper, Gavine Auchtercraw for the airis of vmquhill Richart Scot, and Maister James Foulis for the laird of Haltoun, comperand be thame self, and the remanent being oft tymes callit and nocht comperand: The said mater was put to the knawlege of the personis befoir writtin, quhilkis being sworne in jugement and admittit be the pairtiis, removit furth of court and enterit agane within the samyn, fand and deliuerit that all the personis quhilk had the outsettis and akeris of the Borrowmuir in few of the toun, as the act maid thairvpoun proportis, hes failyeit and nocht fulfillit the said act, nor keipit the caus of the infeftment, and thairfore hes incurrit the panys contenit in the said act, and for non fulfilling of the caussis of the infeftment in bigging of houssis, killis, barnis, cowbillis, and continuall malt making, nor payment of the annuell to the toun. That thairfor the saidis landis ar in the townis handis siclyke as thai war befoir the making of the said act, and that the saidis personis quhatsumeuir and thair successouris had tynt the rychte thairof for evir.
It is statute and ordanit be the president baillies and counsale that na maner of persouns quhilkis cummis fra suspect places or that is infectit with contagious seiknes of pestilence cum within this burgh in tyme to cum vnder the payne of deid; and at na persouns be fund on the Hie gaitt fra ix houris at evin furth, without ane lanterne or lowatt in his hand, vnder the payne of pvnesing; and at na maner persouns except the officeris beir wapponis on the gaitt fra viij houris furth at evin, vnder the payne of escheitting of thair wapponis, and pvnesing of thair persouns to the rigour but favouris.
It is statut and ordanit be the president baillies and counsale that na maner of persouns within this burgh by ony meill in greitt, mair nor will steid his awin hous honestly quhill Michaelmes nixttocum, vnder the payne of banesing of thame of this burgh; and at na meill be howist quhill iiij houris after none vnder the payne of escheitt; and at na metter mett the said meill bot the bringare thairof to the merkat vnder the payne of banesing.
JAMES be the grace of God King of Scottis to the prouest and ballies of our burgh of Edinburgh greting: Forsamekill as it is be the lordis regentis of our realme and counsale, deuisit and ordanit, for the refuse that is maid amangis our liegis in taking of plakkis in pament in al tyme cuming; all plakkis that ar strikin be vmquhile our maist nobill fadir of gude mynde King James the Ferde, quham God assolye, and als in our tyme with avise of our derrest cousing and tutour the Gouernour, be takin reddylie in pament be all our liegis outthrouch all our realme and without ony difference nochtwith-standing ony colour or metall thai be of; and because thare is diuers traytouris and vntrew liegis, and als vtheris vnfaithfull folkis of vtheris realmes, that has strikin and cunyeit plakkis, fenyeing our cunye, quhilkis has causit the refusing of our richt cunye, it is ordanit that thare be maid certane sercheouris in euery burrowistoun within our realme qubilkis sall haue sufficient power to decerne betuix the richt plakkis and fals plakkis, and quhare thai fynd ony refus of the saidis plakkis amangis our trew liege that thai clip and destroy the fals plakkis and decerne the richt plakkis to haue cours, and quha that refusis to tak the samyn in pament to be punist thairfore to the dede; and that the samyn ordour be obseruit and kepit in all placis to landwart siclike as within our burrowis, and that our liegis to landwart cum to our burrowis to vnderstand the samyn. And gif ony of our liegis that cumis and offeris plakkis for pament of dettis or bying of merchandice or vthir stuf and thare plakkis be fundin fals that thai suffer the samyn be clippit and destroit be the sercheouris; and quha that disobeis and cumis incontrar thairof that thai be reput as pairt takaris with fals cunyeouris and punist thairfore to the dede, and thare names to be gevin to our Justice Clerk be our saidis sercheouris for accusatioun and punitioun to be maid thairupone; and quhare ony fals plakkis are fundin that thai clip thame and deliuer thame agane to the avnaris thairof to mak quhat werk thai pleis of the samyn. And the saidis sercheouris to haue of ilk pund of gude plakkis sercheit be thame to ony personis ane plak for thare laubour to be [pait be the re]ssaueris of the said money according to the act and deliuerance maid [be the] saidis Lordis Regentis thairuppoun. And gif ony of the saidis sercheouris beis fundin culpable or failyeis in executioun of thair office, thai to vnderly ane assis thairfore and to be punist for the samyn to the dede. And according heirto we haue with avise of the saidis lorids maid and ordanit yow togidder with Robert Glen, Alexander Spens, with Robert Forest and Androw Mele, craftismen; and has ordanit that thare be incontinent maid twa choppis of tymmer, ane to be set in the mele merket and ane vther to be set betuix the trone and the fische merket, and in ane of the saidis choppis that the said Robert Glen with ane of the saidis craftismen be daily set, and in the tother chop the said Alexander Spens and that vther of the saids craftismen; and the saidis Robert Alexander and the saidis twa craftismen ilk ane of thame to haue to thare expensis ilk day that thai sit in the saidis choppis ij s. Our will is heirfore and we charge yow straitlie and commandis that incontinent thir our letteres sene ye as sercheouris forsaidis accept the said office, and with your saidis collegis vse and put the samyne to executioun deuly in all poyntis aboue expremit sa diligently within your boundis that na falt be fundin in yow as ye will ansuer to ws thairapone and vnder the panys forsaidis. Gevin vndir our Signete at Edinburgh the viij day of September, and of our regne the ferde yere.
The quhilk day, the provest baillies counsall and kirkmaisteris hes deuysitt and ordanit, for the commoun weill of this toun and defence of the nychtbouris of the samyn, and specialie for the defence of this actioun and debait happinit betuix my Lord of Arane and the toun, that thair be ane gratitude taken of the personis inhabiteris this burgh that may pay the samen without hourt according to thair substance at the discretioun of the provest baillies and counsall.
All indwellaris of the town of Leyth, and utheris our Soverane Lordis liegis, being unfremen, may on na wayis buy wyne, walx, victuellis, irne, tymber, lint, pick, tar, or ony uther stapill gudis inbrocht or cumand be strangeris in at the port of Leyth, or ony uther port within the fredome of Edinburgh, unto the tyme that the merchandis and maisteris of the schipis cum to the officiaris of the burgh of Edinburgh, and enter thair gudis in the toun buikis; and thairefter the comptroller, thesaurer or utheris the Kingis officiaris takand als mekle of all sic gudis as sall be necessar for our Soverane Lordis awin proper use allanerlie, not abydand upon making of pryces thairof; the officiaris of the said toun makand pryces conform to the actis of Parliament and lawis of the realme; and then the comptroller and thesaurar and uther officiaris foirsaid to pay as the prices ar maid, and our Soverane Lordis liegis to have thair partis of all sic gudis of the samin pryce maid be the officiaris and na derrer. Item, na indwellar of Leyth na unfremen, sall buy keyling hering selchis, salmond or uther fishe cumand within the port of Leyth, or ony uther port within the fredome of Edinburgh, or salt or peill the samin, nor send the samin away to Ingland and uther places, except the Kingis comptroller, quha may tak samekle of the premessis and use and dispone the samin in manner foirsaid, as is necessar to the Kingis use allanerlie. Item, the indwellaris of the toun of Leyth, nather fremen nor na uther unfre persounis, may mak mercat of ony maner of gudis within the fredome of Edinburgh, bot within the said burgh allanerlie. The toun of Edinburgh contra the toun of Leyth.
The quhilk day, forsamekle as the provest Archibald Douglas hes, for the commoun weill of this burgh and defence of the fredome thairof, takin vpoun him quhair money can nocht now be redy be had of the commoun guid to outred the commoun erandis and chairgis that are now to be borne in the defence of the action and mater movit be my Lord of Arrane aganis the toun, he to mak the first payment on his expenssis, thairfor thai haue constitute that quhat resonable expenssis that the said provest with avys of the counsail makis in the saidis ernadis, that the samyn sall be refoundit to him agane be the toun of merchantis quhilkis may bere the samyn vnhurting thame refound the samyn be the taxatioun of the counsall, and nane of the craftis to be chairgit thairwith considering thai haue takyn of thair fre will till beir vther neidfull chairgis in this meter.
The quhilk day, the provest baillies and counsall ordanis the watter baillie till wayt vpoun the entering of all schippis cummand in at the port of Ley\?\ and se that na wyne tymmer nor vther stuf be sauld quhill it be enterit, and price maid, and the Kingis grace and the toun first seruit, and gif ony guidis beis sauld or tappit by this statute that he put the samyn vnder arrest to the townis challenge.