Extracts From the Records of the Burgh of Edinburgh, 1573-1589. Originally published by Scottish Burgh Records Society, Edinburgh, 1882.
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The provest and baillies, willing to remeid the greitt informalitie vsit in all tymes past be the thesaureris, dene of gildis, and vtheris officiaris, resaveris of the common gude and debursaris thairof be preceptis at thair commandis quhen occasion seruit, and vnderstanding that the saidis preceptis ar nocht insert in thair counsall buke quhairby thair successouris succeding yeirlie in thair places ar commonlie in doubtt quither command hes bene gevin thairto or nocht; for remeid thairof and eschewing of ony sic doubt as mycht occur thairby heirefter, hes statute and ordanit thatt in all tymes cuming all maner of preceptis to be direct and gevin furth to thair saidis thesaureris, dene of gildis, and baillies, and vtheris thair officiaris for debursing of ony sovmes of money, outher greitt or small, in thair names subscryuit be thair common clark or his deputtis, be immediatlie efter the command gevin insert with the rest of thair actis of counsall in the counsall buke and thairefter extractit furth thairof be thair said clark or his deputtis as occasioun sall serue and na vtherwayes, vnder the payne of payment of the sovmes contenit in the preceptis vtherwayes gevin furth be thair said clark and his foirsaidis of his and thair awin proper gudes but fauouris.
Vnderstanding thame to be greitlie hurt and thair liberties gretumlie preiugit be the geving of sasingis be the baillies of sundrie landis and annuelerentis quhilk iustlie suld apertene to the gude tovne, quhairby they are compellit to enter in proces with the pairtes resavaris thairof, befoir the loirdis and vtheris juges, to thair sumptuous chairgis and greit hurtt, thairfoir for remeid thairof statutis and ordanis thatt na maner of sasingis be heirefter gevin within this burgh or friedome of ony maner of landis or annuelrentis within the samyn bott be the baillie of the quarter quhair the landis quhairof sesing is to be gevin lyis alanerlie, and na vther, except he be absentt or seik, vnder the payne of payment of tuenty s. to the hospitall vnforgevin be the baillie contravenar of this presentt ordinance sa oft as he failyeis, and the baillies gevaris of the sesingis to be ansuerabill thairfoir.
The provest, baillies, and counsall nominatis and appoyntis William Fairlie, ane of thair counsall, to wait vpoun the persute of the actioun of the Senys to be intentit befoir the lordis aganis the pretendit occupearis thairof, to quhome they ordane Androw Stevinson, thesaurer, to delyuer tuenty pundis for making of the expenssis on the lettres to be raisit and vther thingis necessar, quhairof ten pundis in hand and vther ten quhen he requyris the samyn.
Efter avysement with the supplicatioun gevin in befoir thame be John Clavy, John Wilky, Mathow Eistoun, William Anderson, and certan vther candilmakeris, quhairby they humblie desyrit thatt command war gevin to the haill officiaris of this burgh to desist and ceis fra all poynding of thame for ony sovmes quhairto they war extended be the merchantis, alsweill in tymes begane as to cum, insafar as they war subiect to beir all protabill charges with the dekyn and brether of the fleschour craft as ane pendikill thairof, as be certan auld actis maid be thair predecessouris to the saidis fleschouris mycht be sufficientlie provin; fyndis and delyueris that heirefter the candilmakeris having na vther tred to leve by, except the making of candill, sall be extentit with the saidis fleschouris, and that sic of the candilmakeris as vsis ony tred of merchandise lyke as thay have bene in all tymes past subiect to extent with the merchantis, sall pay extentis with the merchantis alsweill for tymes bygane as to cum.
The provest, baillies, and counsall vnderstanding that to the provestis of the yeris past, and in speciall to George Douglas of Parkheid, and Archibald Stewart, provestis for the tyme, thair hes bene granted twa burgesses by and attour the sovme of ten li., expres contrair the actis, quhairas of auld dewtie thay aucht onlie to have the benefite of twa burgesses or ten li. thairfoir, and thatt allowance hes bene gevin to the denis of gild of the yeris past thairof; and willing that the samyn be remeditt in tyme cuming, concludis and decernis that in all tymes cuming the provestis to cum have na farther benefite then hes bene granted to thair predecessouris, to witt, outher the admissioun of twa burgesses or ellis ten pundis thairfoir, and nocht to bruke the benefite of baith; and ordanis thatt be the auditouris of dene of gildis comptes thair be na farther allowance gevin than of the ane thairof, because be the granting of baith they have found thair liberties gretumlie preiugit and the commoun proffeit of the burgh hinderit thairby.
The provest, baillies, and counsall for certan gude causis and considerationis moving thame, statutis and ordanis thatt fra this day furth thair be na burgessis nor gildis resauit, suorn, or admitted, bott at foure seuerall tymes in the yeir, viz.:—the four heid courtis, and thatt in presens of the provest, baillies, and counsall for the tyme and na vtherwayes. And to the effect this thair ordinance may the better be obseruit, ordanis thatt the lokkitt gild buke be putt vp in the chairterhous nocht to be removit furth thairof quhill twa dayes befoir the saidis heid courttis, to the effect the extract of the names of sic as ar insertt thairin may be delyuerit to thame that sutis to bruke the privilege of burgesschippis and gildried be thair fatheris richtis, vpoun thair reasonabill expenssis.
Ordanis thatt in all tymes cuming, fra this communion furth, thair be na allowance maid to the denes of gild, present or to cum, in thair comptis of ony expenssis for stampting of the communion tikketis, because the samyn is ane nouatioun quhilk hes nocht bene vsit of befoir, and nathing proffitabill to the common weill, and ordanis that quhensoeuer ony audoutours beis chosin for hering of the dene of gildis comptis, this ordinance be intimat to thame for the better obseruing heirof.
[The provost, bailies, and council] ordanis Androw Stevinsoun, thesaurer, be aduyse of the president and vther lordis of the sessioun, to cause mak ane round taibill in the lordis over counsalhous, together with sic vther necessairs as best for the decorement thairof salbe be thame thocht expedient.
[The provost, bailies, and council] efter avysement with the complaynt producit befoir thame this day in Jugement be Hew Westoun, eldest sone to vmquhill. Jhonn Westoun, burges and gild of this burgh, quhairby he humblie desyrit that the officiaris of this burgh war commandit to desist and ceis fra all trubling of him for payment of bygane extentis insafar as the samyn was contrair the privilege granted be thair lordshipis predecessouris to burges barnis, finds the said Hew salbe exemit and fred fra payment of byhane extentis and that in tyme cuming, insafar as he is admitted thair frie burges and gild, that he be subiect to all portabill chargis within this burgh according to the ordour.
Ordanis Eduard Jhonnstoun, youngar, to pas to waird, thair to remane vpoun his awin expenssis ay and quhill he pay all bygane extentis, because he hes bene oft tymes chargit thairto of befoir and disobeyit.
[The provost, bailies, and council] ordanis the Kingis Maiesties wryttingis efter following to be registrat in this thair counsall buke, quhairof the tenour followis:—Rex. Provest and baillies of our Brugh of Edinburgh. Ye sall incontinent efter the sicht heirof resave James Hamyltoun, sone to Robert Hamilton of Cors, and cause keip him in sure waird within your tolbuith, that he eschew not ay and quhill he be fred be ws, as ye will [answer] thairupon, kepand, thir presentis for your warrand. Subscrynit with our hand at Halyroudehous, the xxv day of December, the yeir of God jm vc lxxix yeiris. James R. Aryle, Uchiltrie, etc.
Rex. Provest and baillies of our bugh of Edinburgh, we greit yew weill. It is our will and we charge yow that ye incontinent efter the sicht heirof resave within the tolbuith of our said burgh George Grahame of Compatrik, to be kepit thairin that he eschaip nocht ay and quhill he be fred and relevit be ws, as ye will answer to ws thairupoun, keping thir presentis for your wairand. Subscryuit with our hand at our place of Halyruidhouse, the xiiij day of Januar 1579. James R.; Dumfermeling; Uchiltrie.
The provest, baillies, and counsall foirsaid vnderstanding thame greitlie hinderitt be wanting of certan ordinar assisouris for avysing of the process of thair annuellis hes gevin thair full commission to thair weilberlcouitis Henry Nesbet, Robert Kar, and William Little, baillies, together with Jhonn Jhonnston, collectour of the saides annuellis, to pas to maister Jhonn Schairp and sic vtheris as they think expedient and inquyre of him quhither he will tak the burding on him to avyse the samyn or nocht, and fynding him willing to accept the said burding on him to compone and agrie with him for ane dewtie to be gevin to him thairfoir, as alsua to speik Alexander King, procuratiur fiscall, and for his paynis tane and to be tane be him in defence of the actionis intentit or to be intented be thair said collectour of the saidis annuellis, to offer and agrie with him for ane dewtie to be gevin him thairfoir induring thair willis, procesand ferme and staibil, &c., and to repoirt thair ansueris on Wednisday nixt.
The provest, baillies, and counsall foirsaidis vnderstanding thame debtbound in certan sovemes of money avancit be Eduard Hert, goldsmyth, for furtherance of the copburde presented to the Kingis Maiestie at his entrie to this burgh, and willing that the said Eduard suld be according to resoun reimbursit thairof, ordanis thair theasuer Androw Stevinsoun, to delyuer to Robert Kar, baillie, the sovme of four scoir four punsdis [blank] to be gevin be him to the said Eduard vpoun compte and rekning, and the said Robert being always astricted to refound and pay the samyn agane to the said Androw Stevinsoun without dilay, and incais the said Robert Kar, baille, pay nocht the said sovme to the said thesaurer, the samyn salbe allowit to him in his comptes of thesaurary.
In presens [of the bailies and council] comperit Thomas Ros, secund sone to James Ros, merchant, and being inquyrit quhy he payit nocht his extentis bygane with the merchantis, ansuerit that he had payit the samyn already with the skynneris, and, inrespect of that he wes ane skynner, aucht nocht to be compellit to extent with the merchantis, as alsua being demandit quhow lang he remaint prenteis at the skynner craft, deponit he remanit twa yeiris alanerlie, quhairvponun Henry Nesbett, baillie, in name of the gude tovene, askit instrumentis and ordanis the said Thomas, nochitwitstanding his allegit payment of extentis bygane with the skynneris, to pay with the merchantis because he traffecquid with merchandise and vsis nocht the skynner craft; and Jhonn Wilky, skynner, in name of the dekyn and brethrence of the skynner craft, protested that this thair decreit gevin agains the said Thomas Ros, as he allegit, skynner, suld nocht preiuge thair craft, and that nochtwithstanding the samyn he war subiect to extentis with thame, and nocht with the merchantis, insafar as he is admitted frieman to the said craft, and the haill counsall in the countrair, and heirvpoun ather of thame askit instrumentis.
The provest, baillies, and counsall ordanis George Mak to remove the watter spoutt biggit be him vpoun the land pertening to him layand foirnentis the Salttrone, and thair clark to forme ane decreit vpoun the supplication producit befoir thame be Elizabeth Portunos, and insert the samyn in thair nichtbourheid buke, and thairefter delyuer his the extract thairof vpon hir expens, quhilk they ratefie and apprevis in the said Georgis presens.
[The provost, bailies, and council] efter avysement with the complaint gevin in befoir thame be Alexander Achesoun of Goffurde, and Thomas Mariorebankis of Rathow, bering thame to be greitlie hurtt be the daylie extentis laid vpoun thame nochtwithstanding thatt they visitt na maner of traffique within this Burgh, nor without the samyn, and had onlie the titille and name of burgesses doand thair obseruance to the gude tovne in all thair effaires according to thair power, and yit war extentit with the hiest to thair damnpnage and skaith, quhairby they wald be compellit to geve our thair friedome exceptt remeid war provydit, and thairfoir maist humblie desyrit thatt command war gevint to the baillies and officiaris of the yeries past to desist and ceis from all troubling of thame for payment of extentis bygane in respect of the premissis, and that in tyme cuming they war alanerlie extented with the rest of the nichtbouris of this burgh according to thair habilitie quhenever thair occurrit ony raid or quhir the extent war laid vpon landis within burgh, and na vtherwayes. Fyndis and delyueris thatt conforme to the appoyntment taikin be Jhonn Adamsoun and Williame Littill, baillies, direct be thame to tak suir myndis with the said Alexander and Thomas heiranent, the said Alexander Achesoun in compleit payment of all extentis bygane be compositioun sall pay saxtene pundis, and the said Thomas Mariorebankis be the lyke compositioun to pay tuelf pundis for all byganis, and thatt in tyme cuming quhensoeuer ony occasioun of extentis sall occur, to be subietis to the payment of extentis concerning raidis allanarlie and na vtherwayes, and impositioun vpon landis efter the raid of thair hertage within the samyn except it sal happin thame to traffique in merchanside or vse ony forther tred within this burgh nor they do now presentlie at the making heirof.
It being mentionat to thair lordshipis be Henry Symsoun in Inuerkething, skipper of ane craiv thairof, that Jhonn Littill, walter baillie of Leith, had begon ane new novatioun vpoun him be compelling him to pay fourty penneis for his boitt as he allegit, within the hawin of Leith, quhilk he was never in vse to pay of befoir, and thairfoir desyrit that remeid war putt thairto in tyme, and he dischartgit of ony sic dewtic in respect of the premissis; efter rype avysement heirwith, baith the saidis pariteis being removit, and agane incallit, and ather of thair allegances at lenth hard, sene, and vnderstand, fyndis and delyueris that the said Jhonn Littill hes done na wrange in vplifting of the said dewtie of fourty penneis, insafar as it is cleirlie vnderstand be thame that the said Henries hes ane spynill craiv and na boitt quhilk of auld dewtie never payit les, nor aucht to pay les, for hir ankerage syluer within the havin, nor fourty penneis; quhairvpoun the said Jhonn Littill, walter baillie, askitt instrumentis.
[The provost, bailies, and council] fyndis that the merchantis and merineris of the schip callit the William of Leith, quhairof William Dowon is maister, may sell thair wynis commonlie to all our Souerane Loirdis lieges for the scoir fyvetene pundis, the samyn being maid price conforme to thair aithis taikin of befoir that they had coft the samyn in Burdealis for xxj crovnis and ane half, compting for ilk frank xvj s., twelf li. of fraucht, and of lekkage aucht pundis, with the expenssis maid on the sellaring and sellar maill thairof and vther charges, and Androw Jowsy [became] souerty that the samyn salbe sauld of the price abouewrittin.
The baillies and counsall foirsaid vndersatanding thame selues and the common weill of this burgh to be greitlie hurtt be the nocht inserting of thair thesaureris, dene of gild, baillies, and collectouris comptes of the yeris past, as vse hes bene of befoir, ordanis thair clark to seik out the haill comptes sen the laitt trublis, and bring the samyn befoir thame on Fryday nixt to the effect abouewrittin, as alsua ordanis the dene of gild to bring with him the lokkit buke of burgesschippis for inputting thairof in the chairterhous, conforme to the act maid thairanent.
The provest, baillies, and counsall foirsaid vnderstanding ane greit nomber of the awneris of the wynis laitlie cum from Burdealis to be very obstinat in contributing with thair nychtbouris in deserting of thame befoir the secreitt counsall, ordanis officaris to poynd or waird all sic as refusis to beir thair pairt of the charges and expenssis to be maid on the men of law, scrybis, and maissouris, and that because the samyn is done for ane common proffeitt and they participant thairof.
Ordanis actis to be direct for conuening of the auditouris of comptes to be in the counsalhous on Wednesday nixt be twa houris efter none and to conuene Androw Sklater, John Acheson, Robert Kar, younger, and maister Jhonn Marioribankis to be rady to mak thair comptes of the extentis vplifted be thame the tyme of thair offices of baillierie.
The provest, baillies, and counsall vnderstanding Agnes Henrisoun, sister to vmquhill Sir Eduard Henrisoun, to have put down hir self, and thairby the eschiet of all hir gudes movabill an vnmovabill to becum in thair handis, componis with James Henrisoun, son to the said vmquhill Sir Eduard, for ten libris, quhome they mak their cessionar and assign in and to the vplifting, craving, and resauing of the samyn, quhilk sovme they ordane him to pay to thair thesaurer.
The provest, baillies, and counsall, and dekynnis vnderstanding Jhonn Jhounston, their collectour, nocht to have as yit recouerit sic sommes of money of thair annuellis as wald satefie the ministeris of this burgh of thair stipendis, ordanis Andrew Stevinsoun, thair thesaurer, to delyver vnto him the sovme of sax hundreth merkis of the rediest of thair commoun gude, quhilk sovme they all in ane voce consentis and aggreis be augmented to the first extent thatt salhappin to be raisit vpoun this burgh for payment to be maid thairof agane to the said thesaurer.
Appoyntis William Littill, baillie, and maister Jhonn Preston to destribute the syluer being in ane box apprehendit in Sir William Magdowgallis possessioun appertening to the pure of the Hospitall of Sancttis Paullis wark amang thame.
The provest, baillies, and counsall fyndis the desyr of the maltmen of this burgh resonabill quhairby they desyrit suretie vpoun thair expenssis to cawse mak thre or four fourletis with als mony pekis for breking of the mesouris of Leith, and to be furthcumand to thame quhenever they had ado with metting of ony victualis thair, as vnpossibill sall it be to the samyn ayther to be maid les or mair to the greit vtilitie alsweill of thame as all vtheris our Souerane Lordis liegis resorting to Leith, the samyn fourletis and pekis to remane in the custodie of the fermoraris of the pettecustomis thair to be furthercumand as said is; and thairfoir appoyntis Robert Kar, baillie, together with the dene of gild, thesaurer, and Rychart Abircrumby of the counsall to se the samyn fourletis and pekis met and mesourit and thairefter gevin to the saidis fermoraris to be vsit as is abouewrittin.
The prouest, baillies, counsall, and dekynis foirsaidis, in consideration of the act of parliament anentis xij d. of ilk pund to be vplifted of all sic as tynis thair actionis in the tolbiuth befoir the juges, and to the effect the samyn may be execute with all vigour aganis the contravenaris thair of, ordanis actis of wairding or poynding to be direct for poynding or wairding of all personis conuict or that heirefter salbe conuict in ony soumes befoir thame for the saidis xij d. of euerolk pund as the samyn salbe gevin vp in bill be Robert Kar, Baillie, and subscryuit be thair clark or any vtheris to succeid in the said Robertis place efter him, and that the officiaris of this burgh put the saidis decreitis obtenit or to be obtenit without dilay to execution vnder the payne of deprivatioun of thame of thair offices.
[The provost, bailies, and council] being convenit in the counsalhous of the said burgh, the said Henry Nesbett, baillie, exhibit and producit befoir thame the Kingis Maiesties wryting subscryuit be his Hienes the Erle of Argyle and Lord Cathcart, quhilk being red and considerit be the saidis provest, baillies, and counsall, they ordanit the samyn to be registrat and insert in thair counsall buke, and the originall to be put in keping in thair charterhous amangis the rest of the tovnis evidentis thair to remane ad perpetuam rei memoriam and be ane warrand to thame and thair successouris at the handis of all pairties havand entres; of the quhilk writing the tenour followis:—Rex. Provest and baillies of our burgh of Edinburgh, we greit yow weill. Forsamekill as Jhonn Maister of Forbes, maister Arthour Forbes, brother to the laird of Cors, James Forbes of Barnis, Gilbert Forbes, Arthour Forbes of Carndully, William Forbes, his brother, and William Forbes of Singache, seruandis to the said Maister of Forbes, hes found souerty acted in our buikis of secreit counsall that they sall remane and keip ward within the poirtis of our burgh of Edinburgh and nocht transcend the boundis thairof ay and quhill forther libertie be granted be ws to thame, vnder the payne of xxm merkis. Quairfoir it is our will and we command yow that incontinent efter the sycht heirof ye deleit the Act maid for the remaining and keping waird be the said Maister and his seruandis within thair luging in our said burgh quhairthrow the samyn have na forther strenth, force, effect, nor executioun aganis thame nor thair soureties contenit thairon in tyme cuming, as ye will ansuer to ws thairupoun kepand thir present for thair warrand. Subscryuit with our hand at Halyruidhous the fourt day of Februar, the yeir of God jm vc thre scoir nyntene yeris. James R. Argyle, Cathcart. And thairefter for obedience of the said wryting the saidis provest, baillies, and counsall ordanit the Act mentionat thairin insert in thair Act buke anent the remaning and keping of waird be the saidis Maister of Forbes and his seruandis within thair luging in the said burgh, to be deleit furth of the saidis bukis, and have na strenth, force, nor effect aganis the said Maister of Forbes his seruandis and cautioneris in ony tyme cuming, quhairvpon maister Jhonn Skene, aduocat, in name of the said Maister and his foirsaidis askit instrumentis.
[The provost, bailies, and council] ordanis Androw Stevinson, thesaurer, to delyuer to the said Alexander Clark, provest, ane hundreth and sax pundis for the expenssis of ane bankett maid be him to the Kingis Maiestie and lordis of secreitt counsall.
The provest, baillies, and counsall foirsaidis namis and constitutis Henry Nesbett, baillie, Jhonn Arnot, and Henry Charteris or ony twa of thame thair very lawfull, vndowted, and irreuocabill procuratouris, actouris, doaris, and commissioneris in thair names to compeir in the tovne of Glasgow in the conuention of burrowis to be haldin and begun the xxiiij of this instant and thair to reson, intreit, and conclude with the remanent commissioneris of burrowis in all thingis concerning the weill of burrowis and estait of merchantis as salbe proponit in the said conuentioun, promesand to hald ferme and staibill, etc.; and becaus it hes oftymes cum to pas that dyueris of the nychtbouris of this burgh being zelous, ernist, and cairfull of the weil thairof, neuertheles, insteid of recompance of thair gude willis and seruice, hes bene molestead and troublit in thair bodies and gudes to thair havy dampnage and skaith, for the quhilk thay have resauit na recompance nor gude deid; for remeid thairof and that na persoun sal have occasioun to fall from thair formar zeill and commoun weill of this burgh for feir and lois of thair guides, bot rather to be instigat and be all meanis possibill provokit to continew thairintill conforme to thair bondin dewtie, thairfor the saidis provest, baillies, and counsall hes be thir presentis statute and ordanit that gif it sal happin ony of the saidis commissioneris quhilkis ar presentlie to pas to the said conuentioun in the common effaires of this burgh or yit ony vther persoun ane nychtbour and burges of this burgh or vtheris at ony tyme heirefter to be imprisonit, trublit, or ony wayis molested be supreme power or authorities in thair bodies, landis, or gudes, that the samyn salbe haldin repute and estemit as the tovnis awin proper actioun and cause; and the saidis provest, baillies, and counsall be the tenour heirof bindis and oblesis thameselues and thair successouris nocht onlie to fortefie and assist the saidis personis troublit as said is, with thair bodies, landis, and guidis, and to travell, laubour, and procure thair releif and friedome gif it happinis thame to be imprisonit as said is, bvt als to refound, content, and pay thame and thair airis all and quhatsumever expenssis, dampnages, adn interes it salhappin thame or ony of thame to mak or sustene during thair saidis trublis, as they or thair airis sall geve vp and mak faith the saidis dampnages and expenssis to extend to, vpon thair consciences, and to that effect ayther to cause the haill tovne contribute thairto, or to refound the samyn of the rediest of the common gudes of this burgh as best sall pleis the pairtie troublit as said is: and forther be resoun that the troubling and molesting of the saidis nychtbouris hes bene and may happin to be coullourit with the titill of ane privat cryme or offence, quheras the samyn in veritie is done for the common cause, the saidis provest, baillies, and counsall willis and grantis that the samyn salbe haldin and repute to have bene done for na vther cawse but for ane zele and favour they had to the wiell of the gude tovne, and that ay and quhill they happin to be tryit and conuict be ordour of law for the same as for thair awin privat cryme or dimerites and quhill the samyn be done the saidis provest, baillies, and counsall and thair successouris to be haldin to refound thair coistis, dampnages, and expenssis in maner foirsaid.
Ordanis Andro Stevinsoun, thesaurer, to gett and by all the Actis of Parliament that ar prentit and maid sen the regiment of vmquhill James Erle of Murray; and to deliuer the same to the clerkis to be kepit to the townis vse.
Michaell Gilbert, goldsmyth, referrit him in the townes will als weill anent the byerunis as in tyme cuming of the annuelrent of twelf merkis awand furth of his land in Leyth to the freiris predicatouris of this burgh, and of ane merk annuell awand to the saidis freiris furth of his land in the Castell Hill; and the saidis prouest, baillies, and counsale in consideratioun that the said land in Leyth is waist and hes gevin na maill sen the first sege of Leyth, thai discharge to him the byrunis of the said annuell of xij merkis, and ordanis to pay nyne merkis yeirlie in tyme cuming for the said annuell, dischairgeing him of the rest thairof, and als ordanis him to pay ten merkis for the byrun annuellis of the said annuell, and in compleitt payment of the byrunis thairof, and to mak thankfull payment of the said amendit annuel in tyme cuming, quhilk the said Michaell acceptit and was content thairwith, and oblist himself, his airis and assignayes to the payment thairof according to the said compositioun.
Ordanis the thesaurer to refound and pay to may Lord Prouest the sowme of sextein schillingis debursit be his lordship to ane boy sent to Stirling to the townis commissioneris with ansuer to thair bill sent to the guid toun.
Ordanis Andro Stevinsoun, thesaurer, to content and pay to Andro Lindsay, javelour, the sowm of ten pundis in compleitt of all maner of coilles furnist be him to the lordis of sessioun, to the kirk, and town this present yeir.
Allaster M'Gregour, seruand or dependare vpoun the laird of Gairdne being recentlie apprehendit be the officiaris of this burgh of wering, bering, and vsing ane chairgett dag at his belt, with powlder and bullat, and with the flaskis thairof contrair the Actis of Parliament; and being callit in and accusit thairvpoun in presens of the said laird confessit the premissis to be of verity, and thairfore the saidis prouest, baillies, and counsale ordanit the said Allaster to be putt in waird, and the morn to be putt to the knawlege of an assyse.
The provest, baillies, and counsall foirsaidis ordanis Androw Stevinsoun, thesaurer, vpoun the maister of the scoles expenssis to cawse mend the vtter dur of the scolehous and clois thairof with sic vther thingis as ar spiltt in the said maisteris negligence.
Comperit Robert Henrison, Henry Blythe, Henry Brussett and Henry Lumbisden, chirurgeanis, and reportit that they as yit culd geve na resolute ansuer towart the hurting of Robert Asbowane be James Douglas and his complices, bot that he is in danger quhill forther tryell.
Comperit Jhone Lowsoun, chirurgean, quha being sworn maid fayth that Nicoll Haistie, cordiner, is in na daynger of his lyfe of the hurt and wound gevin him be Thomas Crawfurd, as wes knawin to the said Jhone quha hes the curing and handling of the said Nicollas; thairfore thai ordane the said Thomas to be putt to liberty furth of waird vpoun cawtioun: and Alexander Gilbert, goldsmyth, is becum souerty for the entrie of the said Thomas as law will and for all thingis the toun may lay to his chairge.
In presens of [the provost, bailies, and council] comperit Robert Henrysoun, Howie Brussat, Henry Blyth, Gilbert Primrose, James Lyndsay, James Craig, and Henry Lumisdaill, chirurgeanes, and maid fayth that thai had oft and sindry tymes viseit and sene the pausing, dressing, curing, and handling of Robert Asbowance, quha wes laitlie hurt and woundit be James Dowglas, sone to George Douglas of Parkheid, his seruandis and complices, vpoun the fourt day of Marche instant, and in speciall that this instant day, betuix thre and four at efter none, they had sene his woundis dressit and handlit, quhairvpoun thai declairit and maid fayth as said is that the said Robert Asbowane wes nor is in a danger nor perell of his lyfe or of mutilatioun of this present hurt at this tyme. In respect of the quhilk declaratioun and of the Kingis Maiesties writting direct and sent to my lord prouest for putting of the saidis persounis to libertie, the saidis prouest, baillies, and counsale ordanis the said James Dowglas and George Crawfurd, James Twedy, Hew Ros, and the remanent his complices and seruandis presentlie in waird, to be fred and putt to libertie vpoun cautioun to ansuer at the pairteis instance as law will, and forther to be ansurerabill to the Kingis Maiestie and to the guid toun as thai sall pleis to chairge, vnder the payme of fyve thousand markis, as als to releis and keip the toun skaythles at all handis quhome it efferit. And thairafter James Hunter, merchant, and William Cokky, goldsmyth, become actit cawtioneris and souerteis coniunctlie and seuerallie for the saidis persons in maner foresaid; and the said George Dowglas of Parkheid actit himself to releif the saidis personis cawtioneris and souerteis foresaidis of the premissis.
[The provost, bailies, and council] being convenit in the counsal hous of this burgh, with the ministeris and ane pairt of the eldares and deikynic of the kirk for taking of ordour anent the puir that the toun may be purgeit of owtland beggares, vagaboundis, and idill persounis, and for sustening of thair awin puir conforme to the actis of parliament, ordanis proclamatioun be maid throw the toun be the saesche and sound of bell, the morn be allevin houris, chairgeing all straynge and owtland beggares and all vther idill persounis, vagabundes without maister or certane covatioun, to depairt furth of this burgh within allevin houres nixt thairafter vnder the paynes contenit in the said actis of parliament to be execute aganis thame with all rigour; and to chairge thair awin puir to convene thameselffis on Wednisday nixt be ane efter none in the Gray Freir kirk yaird and giv vp thair names and aige and remaining, and, sic as beis fund worthie, to resaue thair toikinis be the quhilk thai sal be sufferit to ask day lie almous throw the toun, and sic as convenis nocht that may travell, and sall want the said toikin, to be baynist the toun.
Ordanis actes to be direct chairgeing the fermoreris of the commoun mylnes of this present yeir and thair souerteis to ansuer and mak payment to the thesaurer of the dewty of the mylnes this last quarter bypast, vnder the payne of wairding of thair persounis, and gif thai failyie to putt thame in waird thair to remane vpoun thair awin expenssis quhill thankfull payment be maid.
The provest, baillies, and counsall foirsaidis electis and chusis in place of Jhonn Wilky of the counsall to supplie his place at all tymes during his absence, Thomas Aikinheid, and ordanis the said Thomas to be present to geve his ayth on Wednisday nixt befoir thame, conforme to the ordour.
Comperit the deikynis of craftis following, to witt, the deikynis of the skynneris, chirurgeanes, hammermen, baxteris, tailyeouris, flescheouris, cordineris, goldsmythis, wobsteris, [blank] to quhome it wes assignit to gif thair ansuer and resolutioun anent the ordour to be tane for sustening of the puir of this burgh conforme to the actis of the last parliament maid thairanent, and for ansuer thairto for thame selffis and in name of the haill craftis of this burgh, offerrit to tak and sufficientlie sustene and vphald from begging thair awing puir, sic as ar faillit craftismen with thair wyffes, bairnis, and seruandis, and thairvpoun askit instrumentis.
Forsamekill as it is perfytelie knawin and vnderstand to the provest, baillies, and counsall of this burgh, that the filthie vyce of fornication, drukkennes, and all kynde of pollution is daylie increst, throw the greit multitude of wemen tavernaris, dry topstairis, and ventaris of wyne, aill, and beir, quha for the particular lucre and gaynes to thame selues and thair maisteris, intysis the youth and insolent pepill to sic filthynes, provoking thairby the wraith and the displesour of God appearandlie to fall vpoun this citie, gif haistie remeid be nocht provydit thairto; thairfoir the saidis provest, baillies, and counsall statutis and ordanis thatt na wemen be sufferit or thoilit to vent, ryn or sell wyne, aill, or beir, within the boundis and friedome of this burgh fra the feist of Witsonday nixt to cum, in the yeir of God 1580 yeiris, discharging thame of the samyn in all tyme heirefter, and inhibiting all friemen burgessis of this burgh or vtheris induellaris of the same to tak in, hous, vphald, or sustene in thair tavernis, landis, or houssis, any of the saidis wemen tavernaris, wyne ventairis, or topstairis of wyne, aill, or beir, bot thatt they committ the cure and charge thairof to the men seruandis hyritt or to be hyritt and conducit be thame to that effect, and this vnder the payne and vnlaw of fyve libris to be tane of the maister or maisteris, and banesing of the wemen of this tovne and friedome thairof for the first faltt, and for the second faltt vnder the payne and vnlaw of ten pundis to be tane of the saidis maisteris and burnyng of the wemen and seruandis on the cheikis, and the thrid falt to the said maister and maisteris spayning from that kynde of tred and tynsall of thair friedomes and liberties for euir, and the wemen to be scurgitt throw this burgh, provyding alwayis this act be nocht preiudiciall to friemenis wyves or wedowis of frie burgessis to have and exerce the said tred thame selues in thair proper personis alanerlie, they first making intimation and declaratioun to the saidis provest, baillies, and counsall of the samyn, and efter tryell had of thair estait, lyfe, and counersation obtene licence to thatt effect and fynd sicker souerty that vnder the cullour of thair awin libertie they sall nocht committ the cure thairof to thair wemen seruandis and brek this act in ony poyny; quhilkis paynis and vnlawis salbe vplifted and execute with all rigour: and now becaus the tyme of hyring and putting away of seruandis is att hand, the saidis provest, baillies and counsall ordanis this present act and ordinance to be proclamit throw this burgh vpon ane mercat day that nane pretend ignorance of the samyn. [There is written on the margin] This act wes proclamit throw the toun on Mononday the 28 of Marche 1580, be sound of the taberon.
Vnderstanding that diueris nychtboures of this burgh hes vsit in tymes bypast ane kynd of litting of clayth with orchard litt blew brissell and vther sortis of fals littis, to the greitt hurt and dissaving of our Souerane Lordis lieges and preiudice of this commoun weill; thairfore the saidis prouest, baillies and counsale hes inhibit and be this present ordinance inhibitis and dischairgeis all nychtbouris, induellaris of this burgh, libertie, and friedome of the samyn, merchantis and vtheris traffecquaris be sea or land, thatt nane of thame tak vpoun hand to bring hame or have to sell within thair houssis, buithis or chopies ony of the said orchard litt blew brissell or sic kynde of fals litt in tyme cuming, or yitt that ony littistaris men or wemen presume to vse or occupy the saidis fals littis in litting of woll or claith, and this vnder the payne of confiscation of the said fals litt to the merchant, and ane vnlaw of ten pundis to be taikin of the said merchant and littistaris sa oft as they sall contravene this present ordinance to be dewlie and lawfully proclamit and publeschit within thair friedomes and jurisdictioun that nane pretend ignorance of ther samyn. [There is written on the margin] Proclamit the xxviij of Marche, 1580.
Ordanis Andro Stevinsoun, thesaurer, to caus mak and sett vpoun the turnepyke of their tholbuith and javellour hous ane sufficient dur quhiar thair wes ane of befoir, and to furneis lok, key, bandis and bolts of yrne, and all vthor necessaris to the sam.
Gevis and grantis full power and commissioun to Henry Nesbett, baillie, Charles Geddes and Jhonn Balikburn, younger, draiperis, Jhonn Gardne, Jhonn Setoun, and William Hoppringill, litsteris, to pas, visie, and sicht ane pece of clayth of xx elne of lenth or thairby pertening to Margaret Gray and [Blank] Ritchertsoun, merchant, apprehendit be the said litsteris in the handis of Johnn Fairlie, warlker, and suspectit to be littit with fals cullouris, to trye the sufficiencie of the said litt, and to report their ansuer on [blank] and in the manetyme ordanis the sam to be putt vnder arreistment.
Ordanis Henry Nesbett, baillie, [and six others] to pas to the toun mylnis on the Watter of Leyth, and thair sycht visie and considder the grund and land on the West syde of Mawse mylne lyand contiguous thairto, gif the sam be meitt and commodious for bigging of ane hous thairvpoun for saiffing and keping of the stufe brocht to grind at the said mylnis be the nychtboures and baxteris of this burgh, becaus the mylne hous is nocht habill to contene the same: and as thai fynd be oculare inspectioun to report thair ansuer and jugement on this day aucht dayes.