Extracts From the Records of the Burgh of Edinburgh, 1573-1589. Originally published by Scottish Burgh Records Society, Edinburgh, 1882.
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Ordanis proclamatioun to be maid throw this burgh and throw the towne of Leyth, peir and schore thairof, dischairgeing all manner of personis to by any dry fische to sell and cowpe agane aboue twa dayis, to serue the mercatis quhill the pepill and cuntrey quha lykes to by for the sustentatioun of their houssis be first staiket, vender the payne of confiscatioun of the said fische and pvnisment of the byeris in their persounis at the will of the prouest and baillies of this burgh.
Namet and constitute, with avyse of the minister, eldares, and deikynes of the kirk of this burgh, maister James Lowsoun, minister, and Jhone Jhonestoun of Elphinstoun, thair procuratouris and commissioneris in the Generall Assembly of the Kirkis of this realme to be haldin and begun in Dundie the xij of this instant, with power to voit, conclude, and determinat with the rest of the commissioneris and ministeris of this realme in all thingis concerning the glory of God and welfair of the kirk.
Namet and constitute Henry Chairteris and James Nicoll, merchantis, thair procuratouris and commissioneris to compeir in the Convention of Burrowes to be haldin and begun in Abirdene the xj of this instant, and in thair names to ressoun, intreat, conclude and determyne in all materis concerning the glory of God, well of this realme, and of the merchand estaitt thairof.
Ordanis proclamatioun to be maid throw this burgh on Mononday nixt wairning all nychtboures to prepair thame selffis for the day of the wawpinschawing, quhilk is the xx day of this instant, with sufficient armour, ilk persoun vnder the payne of [blank] and vnder the paynes contenit in the actis of parliament.
Ordanis Andro Steuinsoun, theasurer, to deliuer to maister James Lowsoun, minister, and Jhone Jhonestoun, collectour, commissioneris of the guid toun and kirk at the Generall Assembly in Dundie, the sowm of fourty li. vpoun compt and rekning to be thair expenssis, and siclyke to deliuer to Henry Chairteris and James Nicoll vther fourty li. to be thair expenssis in Abirdene as commissioneris to the Conventioun of Burrowes vpon compt and rekning.
Ordanis the lettre vnderwrittin producet be my lord provest to be insert and registrat in the counsale buik of this burgh for the townis wairand, of the quhilk lettre the tenour followes:—Rex. Provest, baillies, and counsale of our bruch of Edinburgh, we greit yew weill. Forsamekill as we ar surylie informit that Adame Fullwertoun, yet burges, the tyme of his being in Ingland with our commissioun suittand redres of the spuiloyeis, reiffis, and wrangis committet and done be the Inglis pirattis vpoun the sey vpoun our subiectis, has obtenit and gottin grite sowmes of money in satisfactioun and compositioun thairof, quhairof loyale can nocht be had gudlie at this present, and thairfoir maister Jhone Provand [and seven others] for thame selffis and in name and behalf of the rest of our saidis subiectis quhilkis hes bene spuilzeit be the saidis Inglis pirattis as said is, myndis and is of purpose to send to Ingland to haif the perfyte knawlege quhat sowmes the said Adame has resauet in compositioun and satisfactioun thairfoir, and thairefter to intent actioun aganis him for the samyn, and he fering to cum in trouble thairfoir, tendis, as we are creditablie informet, to depairt of our realme and to transport himselff and his familie to the pairtis of Flanderis or vtheris beyonde sey, mening thairby that the nor get na thing of him for the saidis sowmes quhilkis thai allege he hes resauit efter the recouering thairof be thame vpoun him, expres aganis all ressoun, equitie, and iustice, and thairfoir myndis to provyde remeid thairfoir. Quhairfoir it is our will and we charge you that incontinent efter the sicht heirof ye apprehend and tak the said Adame and put him in waird in your tolbuith (nochtwithstanding that he be your burges or ony libertie, previlege, and fredome that he can clame be vertew thairof), ay and quhill he find sufficient cawtioun and souertie that he salbe ansuerable to the saidis personis for thameselffis and remanent our subiectis aboue written as law will. Subscrivit with our hand at our castell of Striviling, the xxviij day of Aprile and of our regnne the threttene yeir, 1580.
Hes thocht expedient, statute, and ordainit, for the weill of all our Souerane Lordis lieges that na maner of persounis tak vpoun hand to by any peis, beynes, quheitt, aittis, meill, ry, or any kynd of victuallis brocht or to be brocht in at the port and heavin of Leyth, to sell, regraitt, or cowpe the same ower agane, bot that thai suffer and permitt the inbringeis thairof to sell the samyn to all our Souerane Lordis lieges in smallis for sustentatioun of thame selffis, thair houssis, and fameleis, and gif any of the saidis persounis byes the said victuall, that thai mak thair girnellis, loftis, buithis, selleris, and houssis patent to all that lykes to by and sell the samyn of na derer pryce nor thai bocht, resonabill consideratioun being had to thair lawfull chairges and expenssis, vnder na les payne nor confiscatioun of the stufe and pvnisement of thair persounis as regratouris, at the will and pleasour of the saidis prouest, baillies, and counsale, quha hes ordainit this present statute to be proclamit oppinly throuch this burgh of Edinburgh and Leyth, peir and schoir thairof, that nane pretend ignorance.
For reasonabill caussis moving thame, grantis and gevis libertie and tollerance to Dauid Vaus, indweller of Leyth, after the lossing his pairt of the salt come hame in the schip callit the Trinitie vpoun the sowth schore of Leyth pertening to the fredome of this burgh, to transport and carie the samyn be the brig to his awin selleris on the North syde of the Watter of Leyth, the said Dauid making offer to the guid toun and resavand pryce at thame; and the said Daud grantet him to haf resauet the said licence as ane gratitude vpoun the mere guid will and tollerance of the saidis prouest, baillies, and counsale allanerlie, and without preiudice of thair liberties and priuelegeis at ony tyme heirafter, and this vpoun supplicatioun and requeist airnestlie made be the said Dauid heirfor.
Grantis and gevis licence to Edward Jhonnstoun, merchant, and Symon Jhonestoun in Dumfries, to transport and cary frome Leyth to this burgh the blew brissell laitlie apprehendet in thair possessioun and areistet be the guid toun as forbiddin guidis, conforme to the act maid anent fals littis, the saidis persounis findand cawtioun that thai sall nocht dispone nor putt the same away, but to mak the same cumand to the guid toun quhill forther ordour be tane be the saidis prouest, baillies. and counsale thairanent; and Archibald Jhonestoun, merchant, become souerty for thame that the said brissell sall not be dispoint bot be maid furthcumand in maner foresaid, and [blank] spous to the said Edward Jhonestoun confesset that the said brissellis extendis to the quantity of threttie twa stane or thairby.
Dischairges the meilmen of Leyth and all vtheris to hald ane oppin mercat within the said toun or owtwith ane frie burgh and to sell or cowp aittis, meill, or any kynd of victuall brocht in to the said toun on horsbak, or yitt to sell, cowp, or regratt any victuall brocht in be sey bot that thai ather bring or suffer the sam be brocht to ane frie merkat, vnder the payne of confiscatioun of the said victuall, and ordanis the baillies of Leyth to caus this act to be putt to executioun in all poyntis within thair jurisdictioun.
The prouest, baillies, and counsale ordanis proclamatioun to be maid wairning all the nychtbouris to be reddy in thair armour to the wawpoun schawing the xx day of this moneth, ilk persoun vnder the payne of five li., and hes namit and constitute Alexander Scott, James Marioriebankis, Thomas Amond, goldsmyth, and William Harvie, port anseingyeis this present wawpounschawing.
In presens of [the provost, bailies, and council] Robert Abircrummy, saidler, and Thomas Aikman, referrit thame selffis in the townis will anent the trublance committit be ather of thame aganis vtheris at dyuers tymes of befor and molesting of the toun, raising of tumult and vproar thairin, and thairfor thai wer ordanit to ask the prouest, baillies, and counsale forgifnes and to schaik handis togidder, and to committ na sic trublance heirafter, bot to remayne in muturall luif and cheritie; quha incontinent thairafter asket the saidis prouest, baillies, and counsale forgifences, promesand nocht to do the lyke and schaik handis togidder.
Grantis and gevis licence to Edward Jhonestoun, eldare, and Issobell Littill, his spous, to intromett, sell, dispone vpoun the blew brissell laitlie brocht hame be the said Edward, quhilk wes stayet and arieistit be William Littill, baillie, as contrair to the townes ordinance maid thairanent, the said Edward and his spous findand cawtioun that the same sall nocht be vest nor imployet to ony vther wark bot to the occupatioun of the skynneris for litting thair blew ledder, and that the said act sall nocht be contravenit be thame nor the saidis skynneris in any sort, vender sic paynes as the saidis prouest, baillies, and counsale sall pleis to injoyne.
Thomas Flemyng, maltman, enterit the meilmen of Leyth specifeit in the act maid the xv, this day viij dayes, as he that become souerty for thair entrie this day and protestet to be fred; and the saidis prouest, baillies, and counsale ordanit thame and William Crawfurd, ane vther of the meilmen of the said toun, to enter thair persounis in waird, thair to remayne vpoun thair awin expenssis ay and quhill thai become actit and found sufficient souerty for keping of the act maid be the guid toun this day viij dayes anent the bringing of thair victuall to frie merketis.
[The provost, bailies, and council] hes consentit and ordanit that Andro Steuinsoun, thesaurer, sall len and deliuer, in name of the guid town, ane of the townis anseingyeis to James Wemys of Pittincreif for owtsetting of the play to be maid at Dunfermeling; and Hary Smyth, merchant, is become souerty to rander and deliuer the same agane to the said thesaurer, als haill, guid, and sufficient as the same is presentlie at the lenning thairof.
Willing to tak sum guid ordour and to establis ane law to be obseruit in all tyme cuming anent sic persounis as sall happin to be wairdet uithin the tolbuith of this burgh for dett and hes na gudis nor money quhairby thai may be sustenit, to the effect thai be nocht constraynet to perische for hunger and neid throw the vncheritabill myndes and wilfull malice of thair creditouris, and on the vther pairt that thai, vnder howpe to escaip the paynes of imprisonment without sum note of infamy dew vnto thame, tak na occasioun thairby to defraude thair creditouris, hes thocht expedient, statute and ordainit, and be thir presentis for ane perpetuall law to be obseruit in all tymes heirafter, concludes, votes, and decernis that the saidis persounis, imprysonit as said is, after lawfull citatioun and calling of thair creditouris and thai nocht comperand, or yitt comperand and schawand na resonabill caus in the contrair heirof, sall judiciallie in ane lawfull cowrt and in maist solenn maner and oppin awdience gif thair ayth of bairman, and mak fayth that thai haif na maner of guidis, landis, money, rowmes, tak stedingis, kyndnes, nor any vther maner of way to sustene thame selffis or to satiffie thair creditouris in haill nor in pairt, nor may haif in borrowing vpoun any maner of credite be thameselffis, thair freindis, and kinsmen, or yitt set souerty for payment of thair dett, and thairfore presentlie makes thair saidis creditouris thair aires or successouris, thair lawfull and irreuocabill cessioneris, and assignayes to all thair saidis guidis or dettis present and to cum quhaireuir the sam may be apprehendit, ay and quhill thair creditouris be fullie satisfeit that thai nather haif wilfullie or fraudfullie abstractet or disponet, nor yitt sall heirafter abstract or dispone the guidis foresaidis acquyret or to be acquyret be thame, bot sall trewlie and thankfullie deliuer the same to thair creditouris for payment of thair just dett, saiffand thair lawfull and resonabill sustentatioun of the same in meitt and clething conform to the lawes of this realm, and quhen thai may find cawtioun or souerty, sall offer and fynd the samyn for satisfactioun of thair creditouris, and all vther thingis to do and fulfill quhilk of the lawes, practik, and institutiounis of this realme thai awcht to do in the premissis; and thairafter the saidis persounis to be brocht to the mercat croce of this burgh, quhair the caussis of thair bypast imprysonment and of thair ayth gevin in maner foresaid being notefeit and schawin to all our Souerane Lordis lieges, thai sall be declairet dyvouris, and in syne thairof thair beltis to be cuttet, and gif euir thai be fund in the lyke estait heirafter to be banest this burgh for euir.
[The provost, bailies, and council] ordanis ane officiar to pas and wairne Jhone Williamesoun, in Leyth, to compeir before thame on Wednisday nixt to her and se him be decernit to haif tynt and forfaltit his burgesschip, liberty, and fredome of this burgh for nocht remaining nor making his residence within this burgh nor bering portabill chairges within the sam this yeir bypast, or ellis to schaw ane resonabill caus in the contrair; with certificatioun to him and he failyie thai will decern him to haif tynt the same in maner foresaid, becaus he wes chairget to this effect of before, and compeirit nocht.
George Duncane, tailyour, become cawtioun and souerty for Jhonn Wilsoun, customer in Leyth, that he sall nocht wey any kyndes of guidis within the vnfrie toun of Leyth at any tyme heirafter contrair the liberty and fredome of this burgh, vnder the payne of jc merk to be payet to the guid toun swa oft as it sall be fund and tryet that he hes vset any kynd of wechtis within the said toun of Leyth, and siclyke the said George become souerty for his entrie at the instance of Jhone Watt, customer, as law will.
Fyndes, declairis, and decernis Jhonn Williamesoun, indweller in Leyth, to haif forfaltit and tynt, lyke as be thir presentis thair decern him to forfalt and tyne his liberty and fredome as burges and gild brother of this burgh in all tyme cuming be quhatsumeuir rycht or title he had or hes bruiket the samyn in any tyme bygane, and ordanis his name to be deleitt and putt furth of the gild buik of the samyn and him to haif na liberty nor priuelege within the same heirafter, becaus he hes nocht remaynet this lang tyme bygane within this burgh and borne na portabill chairges within the same, bot reteiret and drawin him self, houshald, and guidis furth thairof, and dwelt in ane vnfrie toun; and the said Jhone compirand this day judiciallie before thame to ansuer to the premissis, being oft tymes chairget and wairnet thairto of before, and being requyrit to cum and dwell within this burgh and to ber the chairges belanging to ane frie burges within the same betuix and Martymes nixt, refusit to do the samyn and culd schaw na resonabill caus in contrer heirof, quhairfore thai decernit as said is.
Becaus it is heavilie lamentit be certane nychtbouris of this burgh that the calsay and hie wynd leiding to the Grayfreir port is fillit vp with the red of euery manis bigging, clengeing of litsteris fattis, dry preveis, deid hors, and vther sic pistiferous filthynes, speciall fornent the buriall, thairfoir ordanis the baillies quarterly throw thair haill quarteris caus the nychtbouris fynd warkmen and seruandis for redding of the said wynd and clengeing thairof, begynnand at William Littill baillies quarter, and sic personnis as sall be fund to haif layet thair red in the said wynd to caus thame to fynd warkmen vpoun thair expenssis for lowsing of the grund quhill the red be taiken away.
[The bailies and council] vnderstanding that vmquhil maister Clement Littill, aduocat, and ane of the commissaries of this burgh, of guid memorie for the zele he buir to the promotioun of the relligioun, weill of this burgh, and help and releif of sic as beiring functioun in the ministrie suld happin to want buikis necessar to thair vocatioun, hes left ane sufficient nummer of guid and godlie buikis to the ministrie of this burgh, and that this his zelous deid may instigat vtheris of the lyke mynd to dote and gif thair buikis to the lyke vse, quhairby it may follow that ane commoun librarie sall be erectit within this burgh to the greitt incres of pietie and relligioun and suppressing of errouris; quhairfore thai haif accordet be the authoritie of the guid toun to procure and sett fordward this honest and godlie wark with all thair power, and thairfore hes thocht expedient, and ordanit that ane hous or librair be maid at the end of maister James Lowsounis, ministeris studie, of ane pairt of the over loft of his dwelling hous in the kirk yaird, having ane entres throw his study, and ane vther throw the said loft, quhairin sall be putt in keping the saidis buikis dotit and gevin to the said vse, and all vtheris buikis to be dotit and gevin thairto, of the quhilkis the said maister James and sic as sall be principall minister of this burgh for the tyme, sall haif the custody, and be ansuerabill thairfor vpoun inuentour; and ordanis Andro Steuinsoun, thesaurer, to caus big and mak the said hous or librarie in lenth according to the breid of the said loft, and in breid of the space of [blank] futes or thairby, to rais, heicht, and enlairge the wyndow presentlie nixt to the said study, brod the samyn, and to sylour the said librarie sufficientlie and to furneis all necessaris to the making, bigging, and completing of the sam as sall be thocht expedient and commandit him be William Lyttill, baillie, quhome thai haif maid maister and owersear of the said wark.
Gevis, grantis, and disponis to Elizabeth Quhyte, the relict of umquhill Dauid Eister, bonetmaker, for sustening of hir and hir bairnis the escheitt of all sowmes, guides, dettis, and vtheris quhatsumeuir quhilkis pertenit to the said vmquhill Dauid, and now fallin and becumin in the tounis handis throw being of the said David execute to the deid for the slawchter of umquhill [blank] Grub, sword slipper, with power to hir to intromett thairwith and dispone thairvpoun to the effect foresaid.
Ordanis proclamatioun to be maid throw this burgh inhibiting and dischairging all burges and fremen thairof to pas and tak or resaue wedges of any maner of persoun in debaitt of thair priuate querrellis and controuerseis, without speciall license of the guid toun, vnder the payne of tynsale of thair fredome for euir.
Vnderstanding that the gudes of vmquhill Jaspairt Legat and his spous throw thair deceis, and in defalt of the narrest of thair kin taiking na regard thairof, the sam is left in the handis of the seruandis of thair hous quha hes alraddy putt ane pairt asyde and ar apperand to delapidat and spend the rest, to the greitt hurt and defraude of thair creditouris; for remeid thairof, ordanis William Lytill, baillie, with ane clerk of ouris, to caus inuentour of new the guidis presentlie in the said hous and putt the same in the handis and custody of the officiaris of the quarter, rowpet and apryset to the vtter availl, and the money thairof to be deliuerit to be furthcumand to all pairteis havand entres as law will; and ordanis the said seruandis to be tane and putt in warde separat from vtheris, and diligently examinat vpoun the guidis intrometet with and disponit be thame, and thair to be retenit quhill thai mak restitutioun of the sam.
Ordanis the baillies euery ane in thair quarteris to poynd or waird the taverneris that hes sauld any darrer wyne nor iij s. the pynt, for thair vnlaw of x li., conform to the proclamatioun maid thairvpoun.
Ordanis Andro Steuinsoun, thesaurer, with all possibill diligence to provyde greitt staynes to be methis and merches betuix the townes lunkis of Leyth and the landis of Jhone Logane of Coitfeild, that the merches may be placet and renewet as thai wer sett of awld.
[The provost, bailies, and council] ordainis proclamatioun to be maid throw this burgh chairgeing the keparis of the portis that thai suffir nane hors boyes to enter with the scheiffes of cornes taikin be thame furth of the hervest feyldis, and that na staibleris reisett thame thairwith, bvt that the saidis porteris and staibleris present the saidis persounis to the maiestratis, vnder payne of tynsale of thair fredomes and offices.
Ordanis Jhonn Purdy, ane of the fermoreris of the pasturage of the commoun mure of this burgh, to gif diligentt attendance and mak all possibill impediment to Mungo Russell and his seruandis in casting of any faill or duffett on the said mwure and flaying of the same for seruing of his feld landis, and, gif he fynd any of his said seruandis indoing thairof, to atteiche, arreist, and apprehend, and bring thame to this burgh, makand and creating the said Jhone thair officiar and seruand in that pairt.
Anent the supplicatioun gevin in before thame be Jhonn Gibsoun and Robert Lekpreuik, buikbinders, burgesses of this burgh, bering in effect that Robert Wodhous, Inglisman, being ane forane straynger and vnfrieman, has this lang tym bygane vsurpitt vpoun him the priuelege of ane frie burges be selling and bynding of all kynd of buiks within the fredome of this burgh, to the greitt hurt and preiudice of the saidis compleners quha ar burgessis and friemen, quha stents, watches and wairdes, and beris all other portabill chairges with the nychtbouris of this burgh, quhilk thai ar nocht abill to do heiraftir gif the said Robert be sufferit to continew in the said tred, and thairfor desyring him to be dischairget of the saymn,—the said Robert Wodhous and Jhone Gibsoun, comperand personally, thair ressonis and alligatiouns hard and considerit, the saidis prouest, baillies, and counsale dischairges the said Robert Wodhous frome binding of any kynd of buikis within the fredome of this burgh fra the xiiij day of October nixt, vnder the payne of confiscatioun of the saidis buikis quhaireuer thai may be apprehendet.
Forsamekill as it is havely mermerit that, at the airnist requeist of dyueris nychtbouris of this burgh and of Leyth quha had thair kin and freyndis infectet with the pest lyand in Sanct Colmes Insche in poynt of tynsale for falt of sum persounis to awaitt vpoun thame and to beir the office of clengeris, thair wes sindry sendin to the said iland to that effect, and now the persounis being deceissit to quhome thai wer sent, thair saidis freyndis refuissis to beir the chairges of the saidis clengeris quhill thai may gett liberty, thairfore ordanis the saidis persounis at quhais requiest the saidis clengeris enterit in the said ile to be chairget and compellit to beir the cost and chairges of the said clengeris during thair remaining in the said ile, vpoun compt, rekning, and contributioun to be maid in the schip callit the William quhuirin the said pest was brocht frome Danskin, and guidis being thairin presently lyand at the said iland according to ilk manis pairt quha is or wes infectit of the said seiknes, to quhome the saidis clengeris hes maid or makis any seruice; and ordanis the baillies of this burgh with maister William Balfour, ane of the baillies of Leyth, to se that the saidis clengeris bayth foull and clene be sufficiently sustenit, and that this ordinance be putt to executioun in all poyntis.