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 quhilk day, the provest counsall and dekyns of craftis decernis and ordains and als statutis and ordanis, for sessing of varience and discorde amangis the fermoraris of thair commoun myllis and the baxteris of this burgh, and for keeping of gude reull amangis thame, that in tyme tocum the mylleris till haue the haill gyding and reull of the mylins, and that na baxter temper nor haue ado with the mylins in tyme tocum aganis the myllaris willis; and gof it happinis the myllarris ony way to spill ony stuff that thai grynde of the saidis baxteris, in thair defalt, the stuf being sufficient, the fermorais to pay the samyn to the baxteris that beis hourt, and gif the stuff be nocht sufficient, that the myllaris of the commoun myllis refus it and suffer nocht tge samyn to be put in the hopper to grynd, and als that all the myllaris of the commoun mylnis be sworne vpoun the halie Evangelistis for gryning of the saidis baxteris gristis lilelye and treulie, nocht allanerlie or the proffeit of the saidis baxteris gristis lielye and treulie, nocht allanerlie for the proffeit of the saidis fermorais but als weill for the proffeit of the counsall and dekynis of craftis that thair be ane day mylne alanerlie, nnochtwithstanding that thair be quheit reddye to grynde in the samyn, and efter that the said malt be ground in the said mylne that the saidis fermorais caus to mak and graith the said mylne sufficientlie at all pointis, swa that the quheit that beis ground efter the said malt be na way spilit thairthrow, and gif thair happinis ony skaith tocum to the said quheit that beis round efter the malt as saidis, the fermorais till reffound and pay the skaith thairof to the awneris of the saidis quheit, and this to be obseruit and keipit in all tymes tocum.
The baillies and counsall ordanis that quhat persoun beis warnit till pas with the baillies for the honestie of this toun, and comperis nocht, that thai pay xviij s. for his vnlawvnforgevin, quha euer be that falis.
xxiiitto die mensis Januaii anno Domini jm vc xxii pontificatus domini nostri Adriani Pape sexti anno primo, indictione xiahora quasi xiia The quhilki day, in presens of richt renerand nobill and michti lordis sittand in cessione, Master Adam Otterburne, common clerk of the tovne of Edinburgh and prolocutour for the samyn, producit ane charter and infeftment vnder our Souerane Lordis grete sele, King James the ferd of nobill mynd quham God assolye, to the inhabitantis within the samyn giffand thame powar till persew all personis brekaris of thar fredome within the tovne of Leith, and to pvnes thame conforme to the actis of parliament, and gif thai disobey it salbe leifull to the said toune to mak convocatione of our Souerane Lordis legis, and to poind and distrenye thame thairfoir, conforme to the actis of parliament, and inbring the tane half tharof to our said Sourerane Lordis vse, and the tother half to be appropriat be the inhabitantis of the said tovne of Edinburgh for the edificatione of thair kirk and common wele of the samyn, the quhilk conuocatione sal nocht be accustion nor crime to thame. And mad oppin intimacion of the said charter be my lord bischop of Aberdene in stattis to the controller, Dauid Falconer, Edward Cockburn, John ker, and vther diuers beand present, induellaris of the said tovne of Leith. Testibus, Johne Foular notario publico, Willelmo Brovne heraldo, magistro Willelmo Johneston, magistro Roberto Gawrath, [cum] multis allis.
Robert Bertoun of Ouerbertoun comptrollar askit instrumentis that he producit ane respect grantit to him be my Lord Gouernour and to vtheris for the spaice of xix yeris fra the dait of the said respect,quhilk ilk is the xxij day of October the yer of God jvand xxji yeris respectand him and thame all and sundry thair landis rentis possessionis takis stendingis stor palcis grangis woddis lowis fischingis housis biggingis tenementis croftis, &c. malis fermis, &c. in the law and by the law, as is contenit in the samyn at lenth, and that nochtwithstanding his said respect, he wald nocht accept it in the mater betuix him and the town of Edinburgh, protestand that he mycht haue it admittit in vther actiounis.
Maister Adam Ottirburne, in name and behalf of the haile communite of the toune of Edinburgh, askit instrumentis that Robert Berton grauntit that he had coft salmond fra the bischop of Aberdene and pakkit the samin in his cellar within the toune of Leith.
Patrik Baroune, ane of the bailies of Edinburgh, askit instrumentis that Robert Bertoune and the remanent of the persouns of Leith denyit that thai had failyeit in ony poynt of the decrete gevin aganis thame sen the geving thairof, and that he grauntit he was in vse of bying of sic gudis.
Maister James Wischart, forspekar for Robert Bertoun and the remanent of the induellaris of Leith, than protestit thai mycht haue the decrete gevin aganis them at the instance of the communite of the toune of Edinburgh retretit for sic causis as thai wald libell for the reductioun.
Patrik Baroune, balye forsaid, askit instrumentis that Maister Adame Ottirburne in name of the hale communite of Edinburgh producit ane infeftment vnder the grete seile maid to thame be our Souerane Lord of gud mynd, quham God assolye, gifand thame power to persew the brekaris of thair fredome and to execut the actis of parliament apoun thame and tak thair eschete, and gif neid beis to mak convocatioun of our Souerane Lordis lieges to that effect, quhilk salbe na accusatioun to tham, and to deliuer the tane half to our Souer ane Lord and the tother half to the edificatioun of thair kirk and commoun wele of the toune, and that thai had maid intimatioun to the said Robert Bertoune and to the novmer of xxiiij vther persouns induellaris in Leith beand personalie present before the Lordis.
Anent oure Souerane Lordis letteres purchest at the instance of the induellaris of the toune of Leith agains the provest balies counsale and communite of Edinburgh, that quhar thai haue bene in continuall vse and possessione of bying and selling and vther wayis intrometting with men of weir that cummis in thair Firth and to by fra thame sic prises and gudis in thame as alienaris happenis to bring in in tyme of weir, and now laitlie thai haue bocht ane pur prys of Ingland taken be Franchemen as thai war wont to do: Neuirtheles the said provest baillies counsale and communite has purchesit letteres chargand the said induellaris in Leith to decist and ceis fra intromissione with the said prys and gudis in hir and to arest the samin, allegand that that thai haue ane decrete aganis the saidis induellaris in Leith and vtheris that thai sald nocht pak nor peile, nor mak commoun merchandice with merchandis quhill the merchandis enter thair merchandise in the bukis of the toune: In the quhilk decrete thair is na word nor mentioun maid of prisis tane be weir men; and als gif ony pley sald happin to rys thairupoune for ony gudis tane be men of weir thai materis pertenit any to the admirall and na vther juge; and thairfore the said provest balyeis counsale and communite to produce the saidis letteres to be sene and considerit gif thai war procedit of justice or nocht, like as at mair lenth is content in the letteres thairupoune. The said induellaris of Leith comperand be Robert, Bertoune, comptrollar, Dauid Falconar, Edwart Cokburne, Johnne Kerr, Johnne Logh, thair procuratouris and with Maister James Wischart and Robert Lesly, thair forspekaris; and als Allane Stewart, provest of Edinburgh, Maister Francis Boithuile, Maister James Lawsoune, Patrik Baroune, and Edward Litle, baillies of the samin beand personalie present for thameself with Master Adame Ottirburne thair procuratour for thame and in the name and behalf of the hale counsale and communite of the said burgh of Edinburgh thair rychtis resouns, etc. The Lordis of Counsale decretis deliueris and decernis the letteres purchest be the said provest ballies counsale and communite of Edinburgh aganis the said Robert Bertoune, comp- trollar, David Falconar, Edward Cokburne, Johnne Ker, Johnne Logh, and the remanent of the persouns induellaris in Leith to be ordourelie procedit in all punctis, becaus thai ar past conforme to the act and decrete gevin be the Lordis of counsale at Edinburgh the xvj day of Nouember the yeir of God jmvc and xviij yeris thairupoune; and ordanis the samin to be put to executioun as efferis; and also decernis the pris schip and gudis now laitlie taken be the Franchemen and brocht in the havyn and port of Leith to be comprehendit in the said first decrete, and that the said Robert Bertoune comptrollar and remanent of the persouns induellaris in Leith, byaris and intromettouris thairwith, has done wrang in the bying of the said schip and gudis, and thairfor sall decist and ceis thairfra, and lnlikwis fra bying of all vther just prisis and gudis being thairin in tyme tocum. And efter the forme of the said first decrete, except allanerlie the how and prisoneris that sall happin to be taken and brocht into the said port of Leith; and sall restore and deliuer to the said provest ballies counsale and communite of the town of Edinburgh the saidis gudis being within the said prise intromittit with be thame, And letteres to be direct in this mater in the ferd forme, conforme to the letteres past heirupoune in the first secund and third formes deuly execut and indorsat, shewin and producit befor the saidis lordis.
Comperit Robert Logane of Restalrig knycht, for him self and in the name and behalf of his toune of Leith and induelleris thairof, protested that quhat euir is done in this mater in contrar him and his said toune suld turne thame to na preuidice, the King beand in his nonage, becaus thai offerit thame to preif that thai war in vse of bying of sic prysis quhilk thai intend to persew quhen tyme is.
The quhilk day, the baillies and counsall statutis and ordanis that fra this day furth quhat nychtbour fremen of this toune that beis present quhane ony vther nychtbour makis ony merchandice or bargane with strangearis in bying of ony merchandice in Leyth or vther place, and he desyre ane pairt thairof, that he sall haue it of the pryce as the bargane beis maid, he payand his pairt of the money promittit for the merchandice incontinent as the pryce beis maid thairvpoun.
To all and sundrie quhaise knawledge thir present letteris sall to come, the provest baillies and councill of the brugh of Edinburgh, greeting in God everlasting. Witt your universities that ther compearit before us counsally gatherit within the Towbuith of the said brugh our lovite neighboures and towne burgesses, viz. George Foulis, Walter Scott, George Gibson, David Gillas pie, William Wilkieson, Robert Rodger, Johne Maider, Henry Scot, Alexander Heriot, Andrew Simson, Michael Gibson, James Baird, James Scot, John Fallsyde, Johne Black, Archibald Bartillmo, Johne Bartillmo, James Gillaspy, Edward Thomson, Andrew Boyss, Arther Mowbray, and Michael Lochmyll, kirkmaisteris, and the laif of the maisteris of the baxter craft within the brugh, and present thair supplicatioune till us, makand mentione that the facultie and power they had of before upon the guid guyding and reule of thair said craft was destroyit, and our seal of cause tane thairfra be negligent in time of troubill, and thairfore desyrit the samyne newlinges againe to be granted for the honour and lovage of Godis service at thair altar of Sant Cubart, situat within our Colledge Kirk of Sant Geille within our said brugh, and for the common profeit of the neighboures thairof conteinand this effect. In the first, that na persounes presume them to be maisteris of the said craft to baik thair awin stuffe to sell without they be first prenteis, syne burges, and thairafter examynit be the maisteris of the said craft, fundin able, and admitit thairto, and syne thairefter till pay thair dewties as uthir craftis dois within this brugh; and also that the said kirkmaisteris and brether of the said craft choise them ane sufficient chaplane at thair pleasure to make devyne service at thair said altar of Sant Cubart, upon ane competent pryce as they can agrie with the said chaplane, sicklyke as uther craftis dois within the said burgh; and that ilk brother of the said craft furnish the said chaplane orderly as he sall happin to cum about to theme; and quhen any persones of the said craft happens to be chargit to for gather with the kirkmaisters and principal maisters af the said craft to treit upon the common weill and profyte thairof, and absent thame but rationabill cause, that persone to pay ane pund of wax to Saint Cubarts light at thair said altar; and also quhatever he be maister of the said craft that beis apprehendit bakand falss and rotten stuff, or insufficient to sell again to our Soverane Lordis liegis, sall pay ane pund of wax to thair said altar the first tyme, and for the secund falt two pund of wax, and gif he beis overtane in the third falt he and his bread sall be brocht before the provest and baillies, and they to punish him thairfore as sall be thocht expedient with the avise of the kirkmaister and worthiest of the said craft as effeirs: Item, that quhatsumever persounes of the said craft happens till disobey the kirkmaister and the worthiest uthir persounes forgatherit with him of the said craft for the honour and common weill thairof sall pay fourty shillings to Saint Geilles wark, and twa pund of wax to Saint Cubarts altar as said is; Item, that na maister of the said craft sall take ony childer in service thairat ane or mae fra this tyme furth but gif they be prentices and pay thair dewties as effeirs, and that na baxter take nor resset ane uther manis servand of the said craft under the payne of fourtie shillings to Saint Geilles wark, and twa pund of wax to Saint Cubarts licht, or else to be expellit frae the occupatioune thairof. Item, anent the flour baiks and fadges that cumes frae landwart into this toune to sell, that they may be examit upone the guidnes of the stuffe and weicht for the toune weill sycklyke as thair stuff is, sua that gif they be nocht fundin conformand in guidness and wiecht, with the avise of the officiaris and maisteris of the said craft that they be destroyit, and nocht to repair with syklyke stuff in tyme thairefter sen this caiss standis baith for the common weill and common profeit of our mylles, and also that they micht have facultie and priviledge yit as of before to make statuts and reules for the guyding of thair said craft in honestie, and for the common weill of the said toune, accordand till equite and reasoune. With the quhilkis desyres we beand diligentlie avisit has considerit the samyn and fyndes them conformand to the honour and lovage of Gode and this gude toune and common profeit of our Souerane Lordis liegis repairand thairto, we ratiffie and confirme the samyn in all effect above written. In witnessing of the quhilk thing to thir our present letters we have gart append our commone seal of cause of the said brugh at the samyn the twentie day of the moneth of March the year of God ane thousand fyve hundreth twentie and twa yearis.
The quhilk day, in presens of the baillies and counsall sittand in jugement, to the samyn, quhilkis efter followis; The haill bodye of the craft of baxterie hes statute and ordanit anent the keoping of thair rowmes in the commoun mylnis and to keip thame self furth of troubill in tyme tocum, that quhair ony maister of the said craft hes quheit in diures mylnis, the first mylne that he gryndis on he sall pas and tak furth the laif of his quheit, quhat mylne that euir it be in, and grynd all todidder vpoun that mylne, and gif he takis it nocht furth, it sall kep na rowme and nocht to be ground quhill his nixt rowme cum about; and this thai ar all to do content for the keiping of thame self fra trouble and for guid concord till be had amangis thame; and alswa thair haif statutt and ordanit that na maister of the said craft that beis gryndand vpoun the mylnis sall grynd till ony vther persoun mair than ane batche, and that to quhat persoun he plessis, and nocht ellis bot gir he lyke himself, and gif he gryndis ony mair till ony persoun than ane batche he sall tyne his rowme at that tyme without ony fauouris; and alswa thai haue statutt and ordanit that quhair ony maister takis multer quheit he sall grynd the said multer quhiet becaus it is rowme fre, and als mekill mair till it; and this thair ar all content till do for the weill of thair craift swa that thai mister nocht till plenye daylie befoir the guid toun. The quhilkis statutis the baillies and counsall thinkis consonant to resoun, and thairfore retefeis and approvis the samyn in all poyntis, and ordanis the samyn to be obseruti and keipit amangis the maisteris of said craft in all tymes to cum. 3 June 1523.
The quhilk day, in presens of the baillies sittand in jugement Mr James Haliburtoun, procuratour for Mr Archibald Tod, resignit and left the bebefice of sacristanrye and parroche clerkschip in the handis of the bailies counsall and communitei, as patrones thairto, in fauouris of Sir Robert, Hopper be way of permutation and nane vtherwayis.
The quhilk day, the baillies counsale and communitie and dekynnis of craftis ar content to perfurnis at thait power hors of cariage to our Souerane Lordis, army, to cary mete and drink and victuall thairto, and ar contenit that the baillies, with rober Brus, Jhone Adamesoun, and William Adamesou, George Lethe, Thomas Adamesoun, and William Raa, pas and commoun with Mensieur Grossellis adn the ambassatour to the samyn effect.
The quhilk day, the baillies and counsall ordanis all the maisteris of the baxter craft till content and pay to the fermoraris thair mayne multer, that is to say, of ilk iiij laid tht thai brek aboue ane pek of mayne flour, and gif thair brek les to pay na thing as vse and consuetude hes bene.
The samyn day, the baillies and counsall ordanis all the maisteris of the baxter craft, and all baxteris within this burgh, till baik thair breid sufficientlie and weil dryit, the twa d. laif weyand x vncis fra this tyme furth, vnder the pane of tynsall of thair fredome and escheiting of thair breid that dois in the contrare, and to be merkit with thair irnis as abefoir vnder the said payne.
The provest baillies and counsall statutes and ordanis, and als commandis chairgeis all the browsteris within this burgh that thai fynd succicient souerty that thai sall nocht brew nor tap darrer aill fra this tyme furht na for xx d. the gallowne, and ij s. the derrest, vnder the payne of xlviij s., and gif ony brek the first falt that the said payne be tayne, and gif thai failyie sony mair that thair lwmes be broking and destroyit.